REGULAR MEETING & PUBLIC HEARINGS AGENDA

Transcription

1 REGULAR MEETING & PUBLIC HEARINGS AGENDA Wednesday, May 16, 2018, 6:00 pm CCRPC Offices at 110 W. Canal Street, Suite 202 Winooski, VT CONSENT AGENDA: None DELIBERATIVE AGENDA 1. Call to Order; Changes to the Agenda 2. Public Comment Period on Items NOT on the Agenda 3. Action on Consent Agenda (MPO Business) - None 4. Approve Minutes of April 18, 2018 Meeting* (Action; 2 min) 5. University of Vermont Presentation (Information; 25 min) 6. ECOS Plan Update Public Hearing #2* (Action: 10 min) 7. FY19 Draft UPWP & Budget Public Hearing (keep public hearing open) and Vote* (Action: 15 min) 8. Approve Amendment to MS4 Agreement* (Action: 5 min) 9. Guidelines & Standards for Reviewing Act 250 and Section 248 Applications Review* (Discussion: 20 min) 10. Board Development Committee report on FY19 Officers nominations* (Information: 2 min.) 11. Chair/Executive Director s Updates (Information; 15 min) a Brownfield Grant b. Regional Dispatch c. Clean Water d. Legislative Updates 12. Committee/Liaison Activities & Reports (Information; 2 min) a. Transportation Advisory Committee (draft minutes May 1, 2018)* b. Clean Water Advisory Committee (draft minutes May 1, 2018)* c. Executive Committee (draft minutes May 2, 2018)* i. Act 250/Sec 248 letters d. Brownfields Committee (Draft minutes May 2, 2018)* e. Energy Sub-Committee (Draft minutes May 7, 2018)* f. Board Development Committee (Draft minutest May 9, 2018)* 13. Member s Items 14. Adjournment *Attachment The May 16 th Chittenden County RPC meeting will air on Saturday, May 19, 2018 at 1:00 p.m. It will also be available online at: In accordance with provisions of the Americans with Disabilities Act (ADA) of 1990, the CCRPC will ensure public meeting sites are accessible to all people. Requests for free interpretive or translation services, assistive devices, or other requested accommodations, should be made to Emma Vaughn, CCRPC Title VI Coordinator, at ext. *21 or evaughn@ccrpcvt.org, no later than 3 business days prior to the meeting for which services are requested.

2 Upcoming Meetings - Unless otherwise noted, all meetings are held at our offices: Transportation Advisory Committee Tuesday, June 5, 2018; 9:00 a.m. Clean Water Advisory Committee Tuesday, June 5, 2018;11:00 a.m. MS4 Subcommittee Tuesday, June 5, 2018; 12:30 p.m. Executive Committee - Wednesday, June 6, 2018; 5:45 p.m. Planning Advisory Committee Wednesday, May 9, 2018; 2:30 p.m. CCRPC Annual Meeting - Wednesday, June 20, 2018; 5:00 p.m. at ECHO Tentative future Board agenda items: June 20, 2018 Joint Annual Meeting with ECHO July 18, 2018 Election of Officers ECOS Plan Update adoption Warn FY19-22 TIP Public Hearing for July FY19-22 TIP Public Hearing and Adoption National Highway System Update Action Vermont Climate Pledge - Action Guidelines and Standards for Reviewing Act 250 and Section 248 Applications Review - Action Guidelines and Standards for Confirmation of Municipal Planning Processes and Approval of Municipal Plans - Discussion NO AUGUST MEETING September 19, 2018 greenride Bikeshare Update Guidelines and Standards for Confirmation of Municipal Planning Processes and Approval of Municipal Plans Review Action Transportation Survey Results Discussion Transportation Performance Measures - Discussion In accordance with provisions of the Americans with Disabilities Act (ADA) of 1990, the CCRPC will ensure public meeting sites are accessible to all people. Requests for free interpretive or translation services, assistive devices, or other requested accommodations, should be made to Emma Vaughn, CCRPC Title VI Coordinator, at ext. *21 or evaughn@ccrpcvt.org, no later than 3 business days prior to the meeting for which services are requested.

3 CHITTENDEN COUNTY REGIONAL PLANNING COMMISSION REGULAR MEETING MINUTES DRAFT Date: Wednesday, April 18, 2018 Time: 6:00 p.m. Place: CCRPC Offices; 110 W. Canal Street, Suite 202, Winooski, VT Members: 10 Bolton, Sharon Murray 22 St. George, Absent 11 Buels Gore, Absent 23 Shelburne, John Zicconi 12 Burlington, Andy Montroll 24 S. Burlington, Chris Shaw 13 Charlotte, Jim Donovan 25 Underhill, Brian Bigelow 14 Colchester, Jeff Bartley 26 Westford, vacant 15 Essex, Jeff Carr 27 Williston, Absent 16 Essex Junction, Dan Kerin 28 Winooski, Mike O Brien, Vice Chair 17 Hinesburg, Andrea Morgante 29 VTrans, Amy Bell 18 Huntington, Barbara Elliott 30 Socio/Econ/Housing, Justin Dextradeur 19 Jericho, Catherine McMains 31 Conservation/Environment, Absent 20 Milton, Tony Miklus 32 Industrial/Business, Absent 21 Richmond, Absent Ex-Officio (non-voting): 35 Burlington Int l Airport, Absent 36 GMT, Absent 37 FHWA, Absent Others: 41 Diane Meyerhoff, Third Sector Assoc. 42 Charlie Giannoni, CCTV 43 Ilona Blanchard, South Burlington 44 Kevin Dorn, So. Burl. City Manager Staff: 50 Forest Cohen, Sr. Business Mgr. 51 Eleni Churchill, Trans. Plan. Mgr 52 Marshall Distel, Transportation Planner 53 Christine Forde, Sr. Transportation Planner 54 Regina Mahony, Planning Program Mgr. 55 Dan Albrecht, Senior Planner FTA, Absent Railroad Industry, Absent Michael Bissonette, Hinesburg Alt. Rob Fish, Burlington Alt. Bryan Osborne, Town of Colchester

4 CCRPC REGULAR MEETING 2 P a g e APRIL 18, 2018 Draft Minutes 1. Call to Order; Changes to the Agenda The meeting was called to order at 6:00PM by the Vice-Chair, Mike O Brien. There were two changes to the agenda: switch items 6 and 7; add an item, 4A. 2. Public Comment Period on Items NOT on the Agenda. Chris Shaw remembered Pat Nowak, former South Burlington City Council Chair, as an avid community volunteer for 23 years. Pat passed away recently. 3. Action on Consent Agenda (MPO Business) The consent agenda includes minor TIP Amendments. JEFF CARR MADE A MOTION, DULY SECONDED BY JIM DONOVAN, TO APPROVE THE CONSENT AGENDA. THE MOTION CARRIED UNANIMOUSLY. 4. Approve Minutes of March 21, 2018 Board Meeting DAN KERIN MADE A MOTION, DULY SECONDED BY CATHERINE MCMAINS, TO APPROVE THE MINUTES OF MARCH 21, 2018 WITH CORRECTIONS. John Zicconi offered the following clarification on page 5, line 29: John Zicconi believes if the goal is to reduce carbon emissions, regional connections should not automatically take priority over local connections (such as access to town centers) because local connections in many cases could engage more users. THE MOTION CARRIED UNANIMOUSLY WITH ONE ABSTENTION BY JIM DONOVAN. 4A. Vermont Planning Association Citizen Planner of the Year Award Mike announced that board member Andy Montroll has been honored as Citizen Planner of the Year by the Vermont Planners Association. 5. South Burlington City Center Presentation Kevin Dorn, South Burlington City Manager, described the history of City Center beginning in the 1970s. The City has been perceived as a pass-through municipality rather than a destination in itself. That will change with the development of the City s new downtown, City Center. Ilona Blanchard, Special Project Director, described the private and public partners working to develop City Center. She stated that many projects have been supported by work from CCRPC. A number of partnerships and projects are completed or underway, including: City Center Collaborative, Tesla charging stations, Street Infrastructure Plan, Adaptive Traffic Signal Control, and participation in the regional Bikeshare Program. Ilona reviewed the Capital/TIF District Projects in planning/development: Market Street, City Center Park, Garden Street/Williston Road intersections, Williston Road streetscape, SoBu Spaces 2020 (Library, Senior Center, City Hall), and the Pedestrian/Bicycle Bridge over I-89 at US2/Exit 14. Private Sector development in planning/development includes: Trader Joe s/pier 1, 505 Market Street, CVS, Homewood Suites, Xfinity/Sleep by Number, Allard Square, Champlain Housing Trust (CHT) housing, and Snyder-Braverman LLC Market Street & Garden Street development.

5 CCRPC REGULAR MEETING 3 P a g e APRIL 18, 2018 Ilona and Kevin answered questions from members. Zoning requires that new developments on Market Street (from Dorset to Garden) include commercial development on the first floor. There was discussion of the inclusion of Exit 14 as part of the City Center boundary. University Mall is currently for sale and the announcement of a new owner is imminent. Ilona discussed possible population increases due to new development; it is difficult to predict population changes due to the unknown variable of household size. Justin Dextradeur commended the City s work (as well as Winooski s), noting that their form-based code creates a welcome environment for development without imposing extra requirements that can unintentionally prohibit development. The need for structured parking was discussed as well as a safer way for pedestrians to cross Dorset Street. Kevin Dorn concluded with a thank you to the CCRPC Board and staff for their funding and support of City Center. 6. Housing Data Update Annually, the CCRPC works with municipal staff to count the number of housing units built to measure progress on ECOS Strategy #2 and the Building Homes Together goal of building 700 units each year by Regina Mahony of the CCRPC staff explained that the county is experiencing a housing shortage, housing is unaffordable, and more county employees live outside of Chittenden County. Household size is shrinking and the county rental vacancy rate got to 3 percent for the last two years but is now down again in Jeff Carr noted that shrinking household size is the main reason for the housing demand. For 2017, there was a net residential growth of 490 units for 2017 and there was a net gain of 308 beds at UVM. There was discussion of how best to count population specific living units, as a 120+ senior living project was included in the 2016 total. There was a suggestion that only units that are reasonably available to others should be included. Regarding ECOS Strategy 2, for 2017 we are just shy of the 80% growth in areas planned for growth at 79%. The amount of development in the rural planning area is consistent over the last 5 years, but the overall total is lower so the rural comes up as a higher percentage. Previously, from 2010 to 2016, 86 percent of development occurred in areas planned for growth. Justin Dextradeur noted that any increase in rural growth is a move in the wrong direction. Justin Dextradeur also added that the development growth we achieved in previous years was due in large part to low interest rates; with interest rates going up we are not going to see as much development going forward. 7. Review FY19 Draft UPWP & Budget and Warn for Public Hearing JEFF CARR MADE A MOTION, DULY SECONDED BY CHRIS SHAW, TO WARN A PUBLIC HEARING ON THE DRAFT FY2019 UPWP FOR MAY 16, 2018 AT 6:00PM. During discussion, Regina noted that the UPWP Committee met three times. It was an unusual year in that we did not receive more requests than we were able to fund. The UPWP did have outstanding questions about a project in Colchester. The TAC and Executive Committee reviewed that project and ultimately recommended adding it in to the UPWP. Therefore, Colchester s stormwater infrastructure inventory project is included in the draft FY19 UPWP program. Forest Cohen of the CCRPC staff provided an overview of the budget, noting a $94,000 projected deficit due to the indirect rate. Jeff Carr explained that the Finance Committee is working to smooth out the highs and lows of the indirect rates, perhaps with a mid-year correction. THE MOTION CARRIED UNANIMOUSLY.

6 CCRPC REGULAR MEETING 4 P a g e APRIL 18, Chair/Executive Director s Updates Regina presented the Executive Director s updates: 1) Charlie Baker is working with the Board Development Committee for nominations; 2) The Clean Water bill, S.260, establishes a committee (including two municipal representatives) to look at long-term funding strategies. If the committee cannot agree on funding, there will be a water quality occupancy surcharge instituted in 2020; 3) VELCO will release a draft of the 2018 long-range transmission plan update on April 20 th. This document identifies system reliability concerns and alternatives to address these challenges; 4) Staff member Bryan Davis helped launch the new regional bikeshare program today greenride bikeshare. 9. Committee/Liaison Activities & Reports. Draft committee minutes are included in the board packet. 10. Members Items Jeff Carr noted that Massachusetts will not be looking at NH, or VT s TDI Clean Energy Link for transmission of the HydroQuebec power to the state, despite the line in VT being fully permitted. Sharon Murray noted that the TDI Clean Energy Link project was going to provide money for the lake clean-up effort. 11. Adjournment JEFF CARR MADE A MOTION, DULY SECONDED BY DAN KERIN, TO ADJOURN AT 7:27PM. THE MOTION CARRIED UNANIMOUSLY. Respectfully submitted, Diane Meyerhoff

7 Chittenden County Regional Planning Commission May 16, 2018 Agenda Item 6: Draft ECOS Plan Public Hearing #2 Issues: As you are aware we ve been working on the 2018 ECOS Plan for about two years, with specific updates to the MTP, CEDS, enhanced energy planning, forest integrity and other minor edits. As a reminder, the policies/strategies associated with the original 2013 ECOS Plan have largely stayed the same. The CCRPC Board warned this second public hearing in March, and the documentation was sent out to the municipalities and other statutory parties on April 10, We have not received any comments on this second public hearing draft. The draft Plan can be found here: Assuming no further changes are needed, we will ask the CCRPC Board to adopt the 2018 ECOS Plan at the June Annual Meeting along with GBIC. Staff Recommendation: No need for action at this time. Staff Contact: Contact Regina Mahony with any questions: rmahony@ccrpcvt.org, ext. *28.

8 CCRPC Board Meeting May 16, 2018 Agenda Item 7: Action Item FY19 Unified Planning Work Program & Budget Background: Each year the CCRPC undertakes the development and implementation of a Unified Planning Work Program (UPWP). The Board of Directors of the CCRPC has established a Committee process for the development of the UPWP. The following FY 18 UPWP Committee members were appointed by the Chair: Board: Mike O Brien, Chair; John Zicconi, Michael Bissonette PAC: Ken Beliveau; Joss Besse TAC: Barbara Elliott, Justin Rabidoux VTrans: Amy Bell Ex-Officio: Chris Jolly, FHWA; Jon Moore, GMT The UPWP Committee met on January 25 th, February 22 nd, and March 22 nd to discuss and evaluate all project applications from Chittenden County municipalities, partner organizations and the public. At their April 18 th meeting, the CCRPC Board voted to warn the FY 19 UPWP & Budget Public Hearing for Wednesday, May 16, 2018 at 6:00 p.m. The public hearing draft documents were posted on the CCRPC web site ( sent to all municipalities and the Burlington Free Press. As expected, small adjustments were made to the UPWP after the public hearing documents were posted as more details were known for the upcoming fiscal year. Adjustments to the draft before you include: Staff hour adjustments Addition of the 2018 Brownfields Grant Change from $10,000 to $26,000 from Winooski for the Municipal Plan Support project (Task ) The public hearing notice was distributed late, so we need to keep the public hearing open until Monday, May 21 st to satisfy the 25 notice period. Recommendations: UPWP Committee: Transportation Advisory Committee (TAC): Executive Committee: CCRPC Staff: The UPWP Committee recommended the FY19 UPWP and Budget to the CCRPC Board at their March 22 nd meeting. The TAC recommended the FY19 UPWP and Budget to the CCRPC Board at their May 1 st meeting. The Executive Committee recommended the FY19 UPWP and Budget to the CCRPC Board at their May 2 nd meeting. Staff recommends that the Board keep the public hearing open until May 21 st, and approve the FY19 UPWP & Budget as presented conditional on further public comments.

9 For more information contact: Charlie Baker, or or Marshall Distel, or

10 Chittenden County RPC Board Meeting May 16, 2018 Agenda Item 8: Action Item Regional Stormwater Agreement Amendment Background: In 2016, the Legislature approved, and the Governor signed H.249, an act relating to intermunicipal services. This law (24 V.S.A. 4345b) allows for municipalities to contract with their regional planning commission for the provision of services after the RPC amends its bylaws to authorize it to enter into intermunicipal service agreements and the agreement is approved by each municipal legislative body that wants to participate in the service. In the spring of 2017, the twelve MS4 permittees in Chittenden County formally adopted an agreement that merged the Regional Stormwater Education Program (RSEP) and the Chittenden County Stream Team (CCST), two regional efforts for which CCRPC has acted as the Lead Agency. Participation in this agreement helps your municipality to meet Minimum Measure #1 (Public Education & Outreach) and Minimum Measure #2 (Public Participation & Involvement) of your MS4 permit. However, we recently noticed that the executed agreement is in conflict with 24 V.S.A. 4345b(f)(2) because it precludes the CCRPC from charging for our full costs. That section of statute specifically notes: A commission shall not use municipal funds or grants provided for regional planning services under this chapter to cover the costs of providing services under any service agreement under this section. Because the original agreement precluded the charging of indirect costs, CCRPC has been subsidizing this intermunicipal service agreement with other funds. Attached is an edited version of the Regional Stormwater Agreement proposing a minor change to be clear that CCRPC will not be subsidizing this work consistent with state statute. All other parties to this agreement have reviewed and approved the amendment. Staff Recommendation: For more information, contact: Staff recommends approval of the Agreement Amendment. Dan Albrecht dalbrecht@ccrpcvt.org or ext. *29

11 CHITTENDEN COUNTY MS4 STORMWATER PROGRAM AGREEMENT EFFECTIVE July 1, 2017 Proposed amendment effective July 1, 2018, see Section 6.c. Invoices Preamble This Stormwater Program Agreement ( Agreement ) is entered into by and between a group of Municipal Separate Storm Sewer System ( MS4 ) permittees ( MS4 Permittees ) and the Chittenden County Regional Planning Commission ( CCRPC ) to operate an MS4 Stormwater Program ( Program ) that conforms with and satisfies the relevant requirements of both Minimum Control Measure One (Public Outreach and Education) and Minimum Control Measure Two (Public Involvement and Participation) of the Phase II NPDES Permit issued by the Vermont Department of Environmental Conservation ( DEC ) on December 2012 through General Permit ( MS4 Permit ), as these requirements may be continued, renewed, amended, or otherwise modified during the term of this Agreement. 1. Prior Agreements Effective July 1, 2017, this Agreement a. supersedes an MOU signed by the CCRPC and twelve MS4 permittees, effective March 10, 2013 through March 9, 2018, governing the operation of a Regional Stormwater Education Program to satisfy the relevant requirements of Minimum Control Measure One (Public Outreach and Education), and b. supersedes an MOU signed by the CCRPC and eleven MS4 permittees, effective July 1, 2011 through June 30, 2016, and an amendment to this MOU extending its effective date through June 30, 2017, governing the operation of a Regional Stormwater Public Involvement and Participation Program to satisfy the relevant requirements of Minimum Control Measure Two (Public Involvement and Participation). 2. Service Agreement This Agreement constitutes a service agreement pursuant to 24 V.S.A. 4345b (Intermunicipal Service Agreements). 3. Definitions For purposes of this Agreement, the term MS4 Permittees includes the Vermont Agency of Transportation, which on December 28, 2016 became eligible for coverage under General Permit for Stormwater Discharges from the State Transportation Separate Storm Sewer System (TS4). 4. Parties The following are the parties to this Agreement: a. MS4 Permittees the undersigned MS4 Permittees, and b. CCRPC the undersigned regional planning commission. 5. MS4 Steering Committee a. Composition The Members of the Steering Committee shall consist of one representative from each of the signatory MS4 Permittees to this Agreement. Another MS4 permittee may request

12 to join this Agreement if approved by a two-thirds vote of the Members. The Members shall be appointed either by the governing bodies of their municipalities at publicly warned meetings or, if a Member representing an MS4 Permittee is non-municipal agency, via a process consistent with that agency s policies. At its first meeting, the Steering Committee shall elect a Chair by a majority vote. The Chair shall serve until such time as the Chair resigns or the Steering Committee elects a new Chair. b. Duties The Steering Committee shall direct the CCRPC on the development and performance of Program Services in particular and on all other matters bearing on the administration of this Agreement. All actions of the Steering Committee shall be by majority vote unless otherwise specified in this Agreement. c. Organization of Meetings The Steering Committee shall meet on a quarterly basis at a minimum. The CCRPC shall provide Steering Committee Members with reasonable notice of meetings. Notice shall include a meeting agenda and draft meeting minutes. In addition, the CCRPC shall post notice of Steering Committee meetings on its website and on the Program website. 6. CCRPC a. Duties The CCRPC shall: 1) Administer this Agreement and agreements with contractors (including executing contracts approved by the Steering Committee, receiving and disbursing funds, and monitoring the provision of services) for the benefit of the MS4 Permittees. 2) Provide other services contributing to the operation of the Program (including, but not limited to, social media management, public relations, grant writing, creating and managing a Program website, organizing meetings as set forth in Section 4.c, above, etc.) as directed by the Steering Committee; and at a level consistent with each year s Program Budget as described in Section 8.b, below. 3) Provide a quarterly budget report to the Steering Committee detailing expenses the CCRPC incurred and the payments it has received. 4) Pay contractors and vendors for charges consistent with the relevant contract, using funds from the Program Budget, as defined in Section 8, below. 5) Upon approval of the Steering Committee or its designee, reimburse itself for personnel and other expenses for charges consistent with its duties, using funds from the Program Budget. 6) Consult with the Steering Committee prior to authorizing any contractor activities or charges outside the scope of work of a contract. 7) Notify the Steering Committee when 75% of the annual budget (as defined in Section 8, below) for an individual category of expenses (e.g., contractors, CCRPC fees, advertising, etc.) is reached. When these levels are reached, subsequent expenditures by the CCRPC in that category shall be reviewed and approved by the Steering Committee Chair in advance. Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 2 of 8

13 8) At the request of the Steering Committee, assign any or all contracts that the CCRPC has entered into pursuant to this Agreement to the MS4 Permittees who are signatories to this Agreement at the time or to another contractor of the Steering Committee s choosing. 9) Comply with all applicable federal, state, and local laws, including Burlington s Livable Wage Ordinance as applicable. b. Compensation Through the Program Budget, the MS4 Permittees shall compensate the CCRPC for the actual costs of performing its duties defined in Section 5.a, above; provided, however, that the CCRPC shall not be entitled to compensation that would exceed ten percent (10%) of the Program Budget as specified in Section 8.b, below, without the prior approval of a majority of the Steering Committee. c. Invoices The CCRPC shall invoice the Program to cover personnel charges, mileage reimbursement, and other direct expenses necessary to perform its duties. Personnel charges for CCRPC staff shall be calculated at a rate of salary plus fringe plus CCRPC s applicable indirect rate as required by 24 V.S.A. 4345b. The CCRPC shall not charge the Program an Indirect Rate. As set forth in Section 5.b, above, upon approval of the Steering Committee or its designee, the CCRPC may reimburse itself for charges consistent with its duties, using funds from the Program Budget. 7. Selection of Contractors a. The CCRPC, in consultation with the Steering Committee, shall competitively bid for contract(s) for Program services that collectively satisfy the requirements for Minimum Control Measure One (Public Outreach and Education) and Minimum Control Measure Two (Public Involvement and Participation) of the Phase II NPDES Permit then in effect. The parties to the contracts shall be the contractors and the CCRPC. All contracts shall require the contractor to indemnify and hold harmless the MS4 Permittees from any claims related to the contract and to procure and maintain liability insurance for all services performed under the contract. b. All contracts shall be awarded based on qualifications, price, and the ability of the entity to provide services that meet the relevant MS4 Permit requirements. The selection of contractors shall comply with the procurement policy of the CCRPC and with applicable state and federal procurement laws and procedures. c. Contracts shall generally be 1 to 5 years in length and shall include, but not be limited to, a Maximum Limiting Amount and the right of the CCRPC to 1) cancel a contract if services are not being adequately provided, 2) specify that payments to contractors shall be made only for services rendered, 3) specify the annual scope of work and budget as approved by the Steering Committee, 4) allow a contract extension if desired, and 5) assign the contract to the MS4 Permittees that are signatories to this Agreement at the time of the assignment or to a contractor of the Steering Committee s choosing. d. Contracting for services under this Agreement shall comply with the Fair Employment Act and Americans with Disabilities Act: the CCRPC shall comply with the requirement of Title 21 V.S.A Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable. The Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 3 of 8

14 CCRPC shall also ensure, to the full extent required by the Americans with Disabilities Act of 1990, that qualified individuals with disabilities receive equitable access to the services, programs, and activities provided by the Steering Committee under this Agreement. This provision shall also be included in all contracts and subcontracts executed under this Agreement. e. The CCRPC and the Steering Committee recognize the important contribution and vital impact which small businesses have on the State s economy. In this regard, the CCRPC shall ensure a free and open bidding process that affords all businesses equal access and opportunity to compete, except under circumstances where competitive bidding may not be practicable and is not required by applicable procurement policies. The CCRPC and the Steering Committee also recognize the existence of businesses owned by minorities and women, and the CCRPC shall make a good faith effort to encourage these firms to compete for contracts involving state or federal funds and comply with applicable law relating to civil rights and disadvantaged business enterprises. 8. Program Services The Steering Committee, assisted by the CCRPC and its contractors, shall implement a unified Program that satisfies the relevant requirements of Minimum Control Measure One (Public Education and Outreach) and Minimum Control Measure Two (Public Involvement and Participation) of the MS4 Permit. The Program Content for each Program Year shall be as defined in writing by a majority of the Steering Committee. The Program Year shall be the State of Vermont s fiscal year. The Program Content shall implement the following deliverables: a. Public Education and Outreach Elements shall include, at a minimum: 1) operating the Program s website, or its equivalent; and 2) advertising in various media. b. Public Involvement and Participation Elements shall include, at a minimum: 1) operating the Program s website, or its equivalent; 2) hosting and/or organizing workshops, projects, and other events to engage the public; and 3) recruiting volunteers to support projects, promote events, and/or engage the public. c. End of MS4 permit year annual reporting Elements shall include preparation of a narrative report 25 business days prior to the MS4 Permittees reporting deadline to DEC. Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 4 of 8

15 9. Program Dues, Budget, Costs, and Payments a. Dues 1) For State Fiscal Year, FY18, July 2017-June 2018, the annual dues for each of the undersigned MS4 Permittees shall be $5,500. 2) For the following fiscal years, the annual dues shall be set by a two-thirds majority by October 15 th of the preceding calendar year. In the absence of agreement, the dues shall remain at $5,500. 3) The CCRPC shall invoice each MS4 Permittee on or about July 1 st of each year with payment to the CCRPC due 30 days later. 4) All Members shall pay equal dues. b. Program Budget 1) The annual Program Budget shall consist of the sum of the annual payments for each Program Year made by MS4 Permittees, plus any funds from other sources made available to the Program by majority vote of the Steering Committee. 2) Prior to the start of each Program Year, the Steering Committee shall adopt a Program Budget governing expenditures for the subsequent Program Year. Budget categories shall include, but not be limited to: CCRPC Duties, Contractual Services, and Expenses. 3) Once the Program Year starts, a majority of the Steering Committee may amend the Program Budget as needed, for example to reflect any surplus or deficits from the prior Program Year, receipt of new sources of funds, or a desired change in the Program Budget, subject to Section 8.a, above. 4) In the event that costs are less than anticipated or that grants or other funding sources become available, a majority of the voting Members of the Steering Committee may decide to reduce each Member s payment by an equal amount or to credit all or part of the following Program Year assessment to each MS4 Permittee. c. Maximum Annual Costs and Payments Except as otherwise provided by this section, each MS4 Permittee shall within 30 days of receipt of an invoice make a single annual dues payment, as provided by Section 8.a, above. d. Other Funds Any funds made available to the Program shall be dedicated to reducing the annual costs of each MS4 Permittee participating in the Program, except as a majority of the voting Members of the Steering Committee may decide. e. Excess Funds Any funds remaining at the end of a Program Year shall be carried over to the next Program Year, unless a majority of the voting Members of the Steering Committee decides otherwise. Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 5 of 8

16 f. Non-appropriation The obligations of each MS4 Permittee to make payments under this Agreement shall constitute a current expense of the MS4 Permittee and shall not in any way be construed to be a debt of the MS4 Permittee in contravention of any applicable constitutional or statutory limitation or requirement, or the MS4 Permittee s charter or articles of incorporation; nor shall anything contained in this Agreement constitute a pledge of the credit or tax revenues, funds, or monies of the MS4 Permittee. The decision whether or not to budget and appropriate funds during each fiscal year of the MS4 Permittee is within the discretion of the governing body of the MS4 Permittee. The obligations of a MS4 Permittee under the Agreement are subject to annual appropriations by the governing body of the MS4 Permittee, except as provided by Section 12 of this Agreement. An MS4 Permittee cannot choose to not appropriate funds and then withdraw in a manner that shifts prior contractual obligations on to the others. Nonappropriation will be considered withdrawal and must be prospective in fairness to all signatories as per Section Contract Approval All CCRPC contracts shall be conditioned upon approval by a majority of the voting Members of the Steering Committee and shall be consistent with Section 6, above. 11. Termination of CCRPC The CCRPC on its own or the Steering Committee by a majority vote of its full Membership may elect to terminate the CCRPC s future participation in this Agreement by providing 90 days written notice to the other. In the event of termination under this section, the CCRPC shall continue to administer and comply with each existing contract, and the MS4 Permittees shall continue to reimburse the CCRPC from the Program Budget for the actual costs of administering and complying with each contract, as provided by this Agreement, unless and until the CCRPC assigns the contract pursuant to Sections 5.a.8 and 6.c of this Agreement. 12. Termination of Agreement a. This Agreement shall become null and void with no further obligation of the parties if: 1) Two-thirds of the Members of the Steering Committee vote to end participation, or 2) DEC determines that the Program outlined in this Agreement does not meet the relevant requirements for Minimum Control Measure One (Public Education and Outreach) or Minimum Control Measure Two (Public Involvement and Participation), and the parties to this Agreement are unable to craft a Program to satisfy DEC. b. In the event of termination, any funds remaining in the Program Budget (after payment of obligations to vendors or to satisfy debts) shall be reimbursed to the MS4 Permittees with each MS4 Permittee receiving a share proportional to the number of MS4 Permittees at the time of termination. For example, if there are twelve MS4 Permittees at the time of termination, each MS4 Permittee shall receive a 1/12 th share. 13. Withdrawal of Member An MS4 Permittee may withdrawal from participation in this Agreement only at the end of a state fiscal year. If an MS4 Permittee wishes to withdrawal from participation, it shall provide at least 90 days notice to the other MS4 Permittees and the CCRPC. After withdrawal, a MS4 Permittee shall remain responsible for its share of the costs of contracts that the Steering Committee approved prior to the effective date of the withdrawal. Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 6 of 8

17 14. Effective Date and Duration of Agreement The effective date of this Agreement shall be July 1, 2017, and this Agreement shall terminate June 30, Amendment This Agreement may be amended only upon unanimous action of all the Members. 16. Counterparts This Agreement may be executed in multiple counterparts, each of which is deemed an original and all of which constitute one and the same document. Each such counterpart may be a facsimile or PDF copy, and such facsimile or PDF copy shall be deemed an original. 17. Public Records Any and all records submitted to the CCRPC or MS4 Permittees - including Bids, Proposals, Qualifications, Contracts, etc.-- whether electronic, paper, or otherwise recorded, are subject to the Vermont Public Records Act. Signature of CCRPC Christopher D. Roy, Board Chair, Chittenden County Regional Planning Commission Date Signatures of Members Name Title The Burlington International Airport Date Name Title The City of Burlington Date Name Title The Town of Colchester Date Name Title The Town of Essex Date Name Title The Village of Essex Junction Date Name Title The Town of Milton Date Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 7 of 8

18 Name Title The Town of Shelburne Date Name Title The City of South Burlington Date Name Title Vermont Agency of Transportation Date Name Title The University of Vermont Date Name Title The Town of Williston Date Name Title The City of Winooski Date Chittenden County MS4 Stormwater Program Agreement, draft FY19 amendment Page 8 of 8

19 Chittenden County Regional Planning Commission May 16, 2018 Agenda Item 9: Act 250/Section 248 Review Guidelines Issues: As you are aware, the adoption of the 2018 ECOS Plan will necessitate changes in our review guidelines for Act 250 and Section 248 applications. These changes will provide guidance for CCRPC to review applications in light of adding known constraints and possible constraints to the ECOS Plan. The proposed changes differentiate between CCRPC s review of Act 250 applications and Section 248 application. 1. Act 250 review will remain largely unchanged. During Act 250 review, the known and possible constraints listed in the ECOS Plan are reviewed by municipalities and state agencies. CCRPC will defer to the relevant municipality or state agency with jurisdiction over the constraint, rather than submit separate comments on constraints. CCRPC will continue to focus review on land use and transportation. 2. During Section 248 review, some, but not all, known and possible constraints listed in the ECOS Plan are reviewed by municipalities and state agencies. CCRPC will defer to state agencies to review relevant constraints but will review and provide comments on local constraints when municipal plans do not have substantial deference. This review will take the form of submitting comments on advance notices and may include commenting on applications during hearings, intervening in hearings or requesting hearings on applications. Under Section 248, applicants must distribute an advance notice at least 45 days before an application is submitted. CCRPC must submit any comments on the advance notice within 40 days of receiving it. Commenting gives CCRPC a chance to raise potential issues before the application is submitted to the Public Utilities Commission. Comment letters for two advance notices were written following these draft guidelines and distributed to the applicants following Executive Committee approval on May 2. These letters are included in your packet under Item 12c. This draft of the review guidelines incorporates comments and suggestions from the Executive Committee meeting on May 2 and the Planning Advisory Committee meeting on May 9. Staff Recommendation: Staff Contact: No action needed at this time, but comments are appreciated. Contact Emily Nosse-Leirer and Regina Mahony with any questions: enosseleirer@ccrpcvt.org or rmahony@ccrpcvt.org, ext. *15 or *28.

20 DRAFT Guidelines and Standards for Reviewing Act 250 and Section 248 Applications Adopted by the Chittenden County Regional Planning Commission January 26, 2004 Amended by the Chittenden County Regional Planning Commission: September 26, 2005, September 19, 2012, and October 16, 2013 and July X, 2018 INTRODUCTION History of Act 250 CCRPC Participation in the Act 250 Process Vermont experienced new growth in the 1960 s, which brought many important planning issues to the forefront. This period of new growth was characterized by the following: Completion of Interstate Highway 89 and the southern Vermont section of Interstate Highway 91; IBM locating a primary facility in Essex Junction; and A growing tourist industry. Vermonters are sensitive to the link between the natural and human environments. Many people were concerned that this link was threatened and, in the absence of a mechanism to protect or strengthen this relationship, development was proceeding apace. The steadfastness of concerned Vermont natives began to gain recognition with the State government in the late 1960 s. Prior to Act 250, there were no State-level environmental regulations or land use controls in Vermont. In 1970, Vermont enacted the Land Use and Development Law (commonly known as Act 250). That law created nine District Commissions and an Environmental Board tasked to review development applications based on 10 criteria specified in Act 250. Why Does CCRPC Review Act 250 Applications? CCRPC reviews Act 250 development applications as part of an effective regional planning process for the betterment of Chittenden County. Each of Vermont s eleven Regional Planning Commissions is a party by right which may appear and participate in the Act 250 proceeding of a proposed development whose site is located either in or on the boundaries with a municipality that is a member of that Regional Planning Commission [ Act 250 Environmental Board Rule 14(A)(3) ]. In addition, pursuant to 24 V.S.A. 4345a(13) all RPCs shall appear before district environmental commissions to aid them in making a determination as to the conformance of developments and subdivisions with the criteria of 10 V.S.A As Amended on July X,

21 CCRPC REVIEW PROCESS In General The CCRPC s Executive Committee ( EC ) and designated CCRPC staff are responsible for the review of Act 250 applications. CCRPC staff shall initially review each application before the District 4 Environmental Commission (with specific attention given to those applications going to a hearing) for the purpose of identifying for the EC: 1. whether the proposed project is or is not in conformance with the provisions of the current Chittenden County ECOS Plan (hereafter referred to as the Regional Plan), with specific attention given to the Planning Areas section of the Regional Plan; and 2. whether the proposed project fails to comply with one or more of the 10 Act 250 criteria, 10 V.S.A (a) (1) through (10), with specific attention paid to the criteria dealing with transportation and/or traffic and the other criteria within CCRPC s expertise based on approved technical reports and/or on in-house technical expertise or expert opinion of individuals consulted by in-house staff; and. 3. whether the proposed project avoids known constraints or minimize impacts to possible constraints identified in the Regional Plan. The constraints are identified in the current Regional Plan and are based on statewide or local policies that are currently adopted or in effect. Because these constraints are protected at the state and local level already, CCRPC will defer to the relevant municipality or state agency with jurisdiction over the constraint. More detailed descriptions of each constraint are available in Appendix A: Local Constraint Language. This appendix will guide CCRPC in providing comments and participating in hearings before the District Environmental PUCCommission. CCRPC Actions The EC may take action on an application only if there is an affirmative vote by the majority of those present. In the absence of such an affirmative vote, the EC and Executive Director will jointly bring the matter forward to the full CCRPC Board for action. To the best of our ability we will take action within a posted meeting however, if participation is required before a meeting of either the EC or the full CCRPC Board can be held Staff will send the letter to Act 250 only if no objections have been heard from the Executive Committee. Formal review and action will be taken on the letter at the first available meeting following submittal of the letter. CCRPC staff shall review all applications as required by 24 V.S.A. 4345a(13) (with specific attention given to those applications going to a hearing) and will recommend one or more of the following actions to the EC: Letters: The EC may submit one or more letters to the District Environmental Commission or Environmental Division of Vermont Superior Court to represent the position of CCRPC that accomplish one or more of the following purposes: Request clarification of specific matters in the application, Indicate if the proposed development is in conformance with the current Regional Plan, or As Amended on July X,

22 Hearings: The Full CCRPC Board may submit one or more letters to the District Environmental Commission or Environmental Division of Vermont Superior Court to represent the position of CCRPC that accomplish one or more of the following purposes: Indicate if the proposed development is not in conformance with the current Regional Plan, or Indicate if the proposed development does not comply with one or more of the ten Act 250 criteria, or Request a hearing. If the EC determines it is beneficial for CCRPC to actively participate in a District Environmental Commission hearing, the EC will designate the Executive Director, CCRPC staff, or an EC member to attend and represent CCRPC at the District Environmental Commission hearing. Pre-Submission and Post-Submission Discussions In order to improve the likelihood that a project will be consistent with the Regional Plan, CCRPC staff shall have a discussion with the Planning and/or Zoning staff of its member municipalities at the Planning Advisory Committee (PAC) meetings on at least a quarterly basis and inquire if any new projects currently under municipal planning and zoning review appear likely to have an Act 250 hearing. When CCRPC staff learns of such a project, CCRPC staff shall request a meeting with municipal staff and the project applicant, so that any regional issues, concerns or potential impacts may be identified and addressed at the earliest stages. These discussions are intended to provide information and not formulate CCRPC s position on specific applications. Appeals The Environmental Division of Vermont Superior Court is responsible for reviewing appeals of District Environmental Commission rulings. Before CCRPC may be a party in an appeal of a District Environmental Commission decision to the Environmental Division of Vermont Superior Court (either to contest a District Environmental Commission decision or to support a District Environmental Commission decision that is contested by others), the Commission must approve such action, following recommendations made by the Executive Committee. Before CCRPC may be a party in an appeal of an Environmental Division of Vermont Superior Court decision to the Vermont Supreme Court (either to contest an Environmental Court decision or to support an Environmental Court decision that is contested by others), the Commission must approve such action, following recommendations made by the Executive Committee. As Amended on July X,

23 CCRPC Participation in the Section 248 Process INTRODUCTION The Vermont Public Service BoardUtilities Commission ( PSBPUC ) is a State quasi-judicial board with jurisdiction over public utilities, cable television, water utilities, electric utilities, water carriers, gas utilities, telephone utilities, and resellers of telephone services, as described in 30 V.S.A An entity that proposes to construct certain types of new/renovated gas or electric facilities must obtain a Certificate of Public Good from the PSBPUC pursuant to 30 V.S.A The PSBPUC may not issue a Certificate of Public Good unless it finds (among other conditions) that the facility will not unduly interfere with the orderly development of the region with due consideration having been given to the recommendations of the municipal and regional planning commissions. 30 V.S.A. 248(b)(1). In addition, 24 V.S.A. 4345a(14) requires regional planning commissions to appear before the public service board to aid the board in making determinations under 30 V.S.A The Regional Plan received a Determination of Energy Compliance from the Public Service Department on August X, This means that the PUC should give the plan substantial deference. Substantial deference means that a land conservation measure or specific policy shall be applied in accordance with its terms unless there is a clear and convincing demonstration that other factors affecting the general good of the State outweigh the application of the measure or policy. The known and possible constraints and suitability policies identified in the Regional Plan will receive substantial deference in PUC proceedings. More detailed descriptions of each constraint are available in Appendix A: Local Constraint Language. This appendix will guide CCRPC in providing comments and participating in hearings before the PUC. CCRPC REVIEW PROCESS Criteria for CCRPC Review In reviewing petitions for Certificates of Public Good, CCRPC will focus its review on: 1. Compliance or non-compliance of the petition or plan for the proposed facility with the provisions of the current Regional Plan, with specific attention given to the Planning Areas section of the Regional Plan; orand 2. Whether the proposed facility will or will not unduly interfere with the orderly development of the region. While the statute does not provide specific criteria for review (such as the 10 Act 250 criteria), CCRPC will review the petition with specific attention paid to transportation and/or traffic, the suitability policies identified in the Regional Plan, and the other criteria within CCRPC s expertise based on approved technical reports and/or on inhouse technical expertise or expert opinion of individuals consulted by in-house staff; and. 3. Whether the proposed facilities avoid known constraints or minimize impacts to possible constraints identified in the Regional Plan. The constraints are identified in the current Regional Plan and are based on statewide or local policies that are currently adopted or in effect. When constraints are already protected at the state level or in a municipality with a plan that has received a Determination of Energy Compliance, CCRPC will defer to the relevant municipal or state agency review of the constraint. When a constraint is protected at As Amended on July X,