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Agenda Joint Executive/Finance Committee

Wednesday, November 4, 2015- 5:45 p.m. Small Conference Room, CCRPC Offices

110 West Canal Street, Suite 202, Winooski, VT

1. Changes to the Agenda, Members’ Items

2. Approval of October 7, 2015 Executive Committee Meeting Minutes* (Action)

3. FY2015 Audit Presentation – Fred Duplessis, Sullivan Powers & Co* (Action)

4. First Quarter FY16 Financial Statements (to be distributed at the meeting) (Action)

5. Approve 1st Quarter Journal Entries (to be distributed at the meeting) (Action)

6. Act 250 & Sec 248 Applications a. South Forty Solar, Burlington (Docket #8600)* (Action) b. Edgewater Center, Charlotte (#4C1288)* (Action)

7. Draft MOU with VTrans and CCTA* (Action)

8. Chair/Executive Director Report (Discussion) a. Municipal meetings & reports b. Legislative Breakfast topics (COG, Stormwater Utility, ANR PILOT payments, Energy

Siting, Other?)

9. Agenda Review – November 18th Meeting* (Discussion)

10. Other Business (Discussion)

11. Executive Session – if needed (Action)

12. Adjournment (Action)

Attachments

NEXT MEETING –Wednesday December 2, 2015; 5:45 p.m.

CHITTENDEN COUNTY REGIONAL PLANNING COMMISSION 1

EXECUTIVE COMMITTEE 2

MEETING MINUTES 3

DRAFT 4

Date: Wednesday, October 7, 2015 5

Time: 5:45 p.m. 6

Place: CCRPC offices; 110 W. Canal Street; Suite 202; Winooski, VT 05404 7

Present: Andy Montroll, Chair Michael O’Brien, Secretary‐Treasurer 8

John Zicconi, At‐Large Lou Mossey, Immediate Past Chair 9

Jeff Carr, Finance Committee* Charlie Baker, Executive Director 10

Forest Cohen, Business Manager Regina Mahony, Planning Program Manager 11

Eleni Churchill, Transportation Program Manager 12

*Jeff Carr was in attendance for the Audit Agenda item only. 13

14

The meeting was called to order at 5:45 p.m. by the Chair, Andy Montroll. 15

16

1. Changes to the Agenda/Members’ Items: Items 6 and 4 on the agenda were moved before item 3, 17

as reflected here in the minutes. 18

19

2. Approval of September 2, 2015 Executive Committee Meeting Minutes. LOU MOSSEY MADE A 20

MOTION, SECONDED BY JOHN ZICCONI, TO APPROVE THE MINUTES OF SEPTEMBER 2, 2015. 21

MOTION CARRIED UNANIMOUSLY. 22

23

3. Draft MOA with VTrans and CCTA. Charlie indicated that we’ve been working with VTrans and CCTA 24

on updating this MOU. This may be a Memorandum of Agreement rather than Memorandum of 25

Understanding after review by VTrans legal counsel. Charlie began to provide a brief overview of 26

each section and the changes that were made. John asked for a tracked change document so he 27

could more easily understand the differences between this version and the old version. Amy 28

clarified that there is no deadline for this, however it would be helpful to wrap up within this 29

administration. Charlie suggested that he continue to highlight the amendments as a preview and 30

we will add this to the November Executive Committee agenda for action. Paragraph 5 under 31

Section 4 is entirely new for Transportation Improvement Districts. The section that has changed 32

the most is Paragraph 4, Under Part II – UPWP to more accurately reflect our current practice. Mike 33

asked for a clarification on section d. of Paragraph 2 of Part IV, which is about seeking a formal 34

municipal recommendation of a preferred alternative for “State‐owned assets.” A version with 35

revised sections highlighted will be provided to the Executive Committee at their next meeting. 36

37

4. Draft FY2015 Audit review and comment. Forest distributed the draft FY2015 Audit. He noted that 38

there were no findings or recommendations. Forest indicated that Charlie and he will be meeting 39

with Fred Duplessis, a principal at the firm that conducted our audit, to get clarity on the new 40

pension liability which is intended to share the State’s liability with all of the program participants. 41

Our liability contribution is based on VMERS program actuarial assumptions of the present value of 42

our obligation down the road. We have about a $56,000 income loss on paper for FY15, and 43

$22,329 is based on the new pension liability. It isn’t actually an expense that we incurred, however 44

CCRPC Executive Committee P a g e | 2 October 7, 2015

we had to add it in as an expense line in our books. We may consider pulling this out as a separate 1

line item. Charlie pointed out page 9 of the report, to explain that we are seeing different numbers 2

depending on how they describe the pension liability. It is hard to understand how that translates 3

to $22,000 in expense and so staff will be seeking further clarification. The footnote about pensions 4

in the report are the VMERS assumptions about pension liabilities (page 19 “pension plan note”). 5

The pension liability will adjust every year based on what level the VMERS program is funded. It will 6

show up as a negative figure, unless the group is 100% funded, but it isn’t actually an expense. 7

8

Jeff explained that overall the audit looked like good news to him. Charlie and Forest explained that 9

they’ll work with the auditors to get the indirect rate schedules straightened out as FY14 figures are 10

included, and didn’t need to be. Jeff indicated that it is great to see that we are in such great shape 11

now and it was hard to imagine based on where we were eight years ago. Lou remembers that the 12

RPC was borrowing money every month. 13

14

The Auditor will attend the November Executive Committee and Board meetings to discuss the 15

Audit. 16

17

5. Act 250 & Section 248 Applications: 18

a. GMP Solar – Williston, LLC Docket #8562. Regina noted this is a Section 248 application in a rural 19

planning area. We’ve seen other solar farms in the Rural Planning area and found them to be 20

consistent with the Plan. There are no transportation issues. The Town of Williston’s Planning 21

Commission found the project to be consistent with an objective of the Town Plan; the 22

Selectboard did not take any position on the proposal. The EC was emailed the draft letter, and 23

it was sent in on September 15, 2015 to meet the deadline. JOHN ZICCONI MADE A MOTION TO 24

APPROVE THE LETTER TO THE DEC#4. SECONDED BY LOU MOSSEY AND THE MOTION CARRIED. 25

b. Cider Mill II, South Burlington, Application #4C1128‐4. Regina reviewed this Project described 26

as master plan review of Cider Mill II, consisting of 109 housing units. This application seeks 27

review and approval of Phase 1 and partial review of Phases 2, 3 and 4. The Project is located at 28

1580 Dorset Street and 1699 Hinesburg Road, in South Burlington, VT. Regina and Charlie 29

explained the location of the project and the connection between Dorset St. and Hinesburg 30

Road (VT 116). The project has received approval from the City of South Burlington’s 31

Development Review Board. Regina noted two transportation comments – recreation path 32

consistency and a left hand turn lane on Dorset St. into Cider Mill Drive. There was some 33

discussion about the road access and connections. LOU MOSSEY MADE A MOTION, SECONDED 34

BY JOHN Z., TO AUTHORIZE THIS LETTER BE SENT TO THE PUBLIC SERVICE BOARD. MOTION 35

CARRIED UNANIMOUSLY, MIKE O’BRIEN ABSTAINED. 36

c. TDI. Regina indicated that at the last meeting we discussed the potential for proposing a 37

legislative fix that would clarify taxing authority for underwater utilities for the lakefront 38

communities, if our member communities are interested in taking this step. Regina reported to 39

the Executive Committee that we have two Selectboards interested in legislative exploration, 40

and two Municipal Managers that while not opposed to exploring a legislative change, don’t find 41

this issue to rise above other pressing municipal concerns. In addition, concerns about potential 42

implications about potential liabilities have been raised. Regina asked the Executive Committee 43

if they’d like Staff to continue to pursue this issue or not. Charlie suggested that we should keep 44


aware of the efforts of Addison County RPC and let our legislators know about any proposed 1

legislation. John raised concerns about whether there are actually any property boundary issues 2

here, so the liability issue is a moot point. If we really don’t own the land at all then we 3

definitely shouldn’t tax it. Charlie suggesting that the ownership issue is arguable and not easily 4

concluded. Executive Committee suggested that we keep a watch on it and keep the 5

information flowing, but not put significant effort into leading the charge. 6

7

6. FY2017 Dues adjustment. The local dues assessment is presented each year for adjustment. The 8

dues for each municipality will change each year even with no increases as the proportional share of 9

the dues is based on the updated Equalized Education Grand List. Charlie explained a bit of the 10

history of keeping the membership dues at a net zero for three years after merger. There was an 11

increase last year (FY15), and this year was flat (FY16). Forest explained his memo and described 12

two options for FY2017 membership dues – flat or an increase of 2.2%. Andy asked what the logic 13

was behind the 2.2% and Forest explained that the Employment Cost Index for state and local 14

government employees was used. We could maintain the dues as they are currently as it doesn’t 15

appear that we are in need of additional dues at this point. However we don’t want to preclude 16

asking for an increase in the future if its needed, or putting it off to the point where the ask would 17

be for a large increase. 18

19

Andy indicated that a small increase could be manageable. John asked how we decide what we 20

need. Mike asked if we would leave federal funds on the table for not having more municipal dues 21

to match. Charlie said that it is possible because we’ve shifted match on projects and away from 22

municipal dues (aka municipalities need to match their own local projects by 20%). If we had more 23

regional dues perhaps we could pull more federal money. JOHN MADE A MOTION, SECONDED BY 24

MIKE, RECOMMENDING A 0% DUES INCREASE FOR FY17 TO THE BOARD. THE MOTION PASSED 25

UNANIMOUSLY. 26

27

7. Comprehensive Energy Plan – comments. We do not currently have comments, however Charlie 28

asked whether the EC is comfortable with Staff comments or whether we should bring this to the 29

Board for a discussion, as we don’t necessarily anticipate any large policy that are different than 30

what we’ve stated in our ECOS Plan. This is a 5 year update to the Plan. The EC decided to put this 31

on the full Board Agenda. Comments are due on November 9th. 32

33

8. Chair/Executive Director’s Report: 34

a. Water Quality contract update. Charlie noted that Forest and Dan have been working on our 35

contracts for our ANR water quality contract and the sub‐contracts with the other RPCs. 36

b. Municipal meetings & reports. Charlie has been setting up meetings with the City 37

Councils/Trustees/Selectboards to check in and has kept each Board member informed of their 38

municipal meetings. Andy would like the full schedule. 39

c. Legislative Breakfast. Charlie asked the EC to start to think about topics. The format is going to 40

be the same as last year as we seemed to get good feedback on it. Lou suggested that we 41

coordinate with the municipalities. Andy suggested that we have a limited amount of time so 42

we should keep it focused on RPC issues. Charlie indicated that we were actually focused on 43

municipal issues last year. Charlie suggested that it could possibly be a networking session even 44


if there aren’t any specific topics to address. Potential bills could be a 10‐year municipal 1

planning bill and the Council of Governments bill. Charlie will talk with towns to see if there are 2

other issues that should be discussed. It’s possible that we might only decide to do this before 3

each biennium. 4

5

9. Agenda Review – October 21, 2015 meeting. Members reviewed the proposed agenda. It was 6

noted we should add more time to the Comprehensive Energy Plan discussion. 7

8

10. Other Business. There was none. 9

10

11. Executive Session, if needed. None needed. 11

12

12. Adjournment. JOHN ZICCONI MADE A MOTION, SECONDED BY LOU MOSSEY TO ADJOURN THE 13

MEETING AT 7:20 P.M. MOTION CARRIED UNANIMOUSLY. 14

Respectfully submitted, 15

16

17

Regina Mahony 18

October 19, 2015 Mrs. Susan M. Hudson, Clerk Vermont Public Service Board Drawer 20, 112 State Street Montpelier, VT 05620‐2701 RE: South Forty Solar, LLC, Docket No. 8600 Certificate of Public Good‐ Section 248 Permit Application Dear Mrs. Hudson: Chittenden County Regional Planning Commission has reviewed the Section 248 application submitted by South Forty Solar, LLC, Docket No. 8600, for a Certificate of Public Good ("CPG") to construct a 2.5 MW solar electric generation facility off of Sunset Cliff Road in Burlington, Vermont. The proposal has been presented to the Burlington Conservation Board... This project is located in the Metro Planning Area as defined in the 2013 Chittenden County Regional Plan, entitled the Chittenden County ECOS Plan (the Plan). The Plan specifically states that “Metro Planning Areas are areas where local zoning authorizes places to accommodate jobs and housing in a compact development pattern that supports transit service and encourages pedestrian activity and are within the sewer service area.” The Plan is not intended to prescribe uses and we find that this project is not inconsistent with this planning area. Furthermore, when taking into consideration the energy goals and actions within the Plan that aim to increase renewable energy generation, we find this project to be in conformance with the 2013 Chittenden County Regional Plan. We understand that the project is located within a portion of an approximately 22‐acre Class 2 wetland complex. However, South Forty Solar, LLC has obtained an Individual Wetland Permit (#2013‐251) and it appears that disturbance in the wetland will be minimal. According to the prefiled testimony submitted, the project will have no undue adverse effect on protected functions and values of the wetland or on stormwater runoff. However, the City of Burlington’s Conservation Commission has some unanswered questions about the impact of the projects on the wetland and on stormwater runoff. Due to the detailed level of analysis of renewable energy facilities and its impacts by the Public Service Board, CCRPC will only give specific attention in its Section 248 reviews to the type of use and the Planning Areas section of the 2013 Chittenden County ECOS Plan. While there are many other topics covered in the 2013 Chittenden County ECOS Plan, there has been significant analysis at the Regional level regarding transportation impacts. The CCRPC will also focus its attention on transportation, where appropriate, in accordance with the Metropolitan Transportation Plan, which is within the 2013 Chittenden County ECOS Plan. We do not have any transportation related comments for this petition. These comments are based on information currently available; we may have additional comments as the process continues. Please feel free to contact me should you have any questions. Sincerely, Charlie Baker Executive Director

110 West Canal Street, Suite 202 Winooski, VT 05404‐2109 802‐846‐4490 www.ccrpcvt.org

cc: CCRPC Board

of 1 CCRPC_4C1288

November 5, 2015 Stephanie Monaghan District #4 Coordinator 111 West Street Essex Junction, VT 05452 RE: Edgewater Center LLC, Charlotte; Application #4C1288 Dear Ms. Monaghan: The Chittenden County Regional Planning Commission’s Staff and Executive Committee have reviewed this Act 250 application for a project generally described as adaptive reuse of an existing barn as an event center, including rehabilitation of the ailing barn structure. Site modifications include the addition of an accessible entrance area, gravel parking, fire lanes and access driveways, and lighting and landscaping. The Project is located at 1046 Ethan Allen Highway (U.S. Route 7) in Charlotte, Vermont. Approval from the Town of Charlotte is pending. We offer the following comments: The project is located within the Rural Planning Area as defined in the Chittenden County Regional Plan, entitled the 2013 Chittenden County ECOS Plan. While the Rural Planning Area is not one of the areas planned for growth, this additional use is located within an existing barn building. Generally, re‐use of existing barn buildings is consistent with the ECOS Plan goals. Therefore, we find this project to be consistent with the Planning Areas of the 2013 Chittenden County Regional Plan. However, we would like to note that this project has not yet received local approval where the scale of this re‐use project will be evaluated. Regarding transportation, the event space is proposed for 150 attendees and is anticipated to generate the following trip counts: 431 total one‐way trips, 37 AM peak hour, and 43 PM peak hour trips. The application indicates that events will primarily be held on the weekends and therefore the traffic generated will not be coincident with higher weekday commuter‐based traffic. If the events are limited to weekends, we agree with this assessment. We do have some concerns regarding the ability of safe ingress and egress at this site, where traffic on Route 7 is fast moving. We recommend a transportation safety analysis to further assess this issue. Due to the detailed level of development review in most Chittenden County municipalities and the environmental permit reviews at the Department of Environmental Conservation, CCRPC will give specific attention in its Act 250 reviews to the type of use and the Planning Areas section of the 2013 Chittenden County ECOS Plan. While there are many other topics covered in the 2013 Chittenden County ECOS Plan, there has been significant analysis at the Regional level regarding transportation impacts. The CCRPC will also focus its attention on transportation, where appropriate, in accordance with the Metropolitan Transportation Plan, which is within the 2013 Chittenden County ECOS Plan. These comments are based on information currently available; we may have additional comments as the process continues. Please feel free to contact me should you have any questions. Sincerely, Charlie Baker Executive Director Cc: CCRPC Board and Certificate of Service

110 West Canal Street, Suite 202 Winooski, VT 05404‐2109 802‐846‐4490 www.ccrpcvt.org

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MOU between VTrans, CCRPC and CCTA Page 1 of 13

DRAFT 10/14/2015 1 MEMORANDUM OF UNDERSTANDING 2

BETWEEN 3 VERMONT AGENCY OF TRANSPORTATION (VTrans), 4

CHITTENDEN COUNTY REGIONAL PLANNING COMMISSION (CCRPC), 5 AND 6

CHITTENDEN COUNTY TRANSPORTATION AUTHORITY (CCTA) 7 8 This Memorandum of Understanding (MOU) is entered into and effective (unless 9 otherwise noted) on xxx between the Vermont Agency of Transportation, hereinafter 10 called VTrans, the Chittenden County Regional Planning Commission, hereinafter 11 called CCRPC, and the Chittenden County Transportation Authority, hereinafter called 12 CCTA, sometimes collectively known as “the Parties”. This MOU will be appended to 13 the annual contract between CCRPC and VTrans, and the annual contract between the 14 CCRPC and CCTA. The terms of this MOU shall remain in force until there is a 15 consensus by the Parties that it needs to be amended. It may be amended per section 16 VI, below. 17 18 WHEREAS, the Burlington urbanized area of Chittenden County has been designated 19 as an urbanized area, having a population in excess of 50,000, and is therefore required 20 to have a cooperative, continuing, and comprehensive transportation planning process 21 in accordance with 23 USC Section 134 and 49 USC Section 5303, and the CCRPC 22 formation MOU dated April 20, 1983; and, 23 24 WHEREAS, VTrans has funds available through the United States Department of 25 Transportation (USDOT), Federal Highway Administration (FHWA), and Federal Transit 26 Administration (FTA) and possibly funds from other federal and state agencies which 27 may be used to facilitate urban and regional transportation planning; and 28 29 WHEREAS, USDOT regulations 23 CFR Part 450.314(a), (b), and (c) specify the need 30 for a memorandum of understandingan agreement between the CCRPC, State, and 31 transit providers to identify the responsibilities in cooperatively carrying out 32 transportation planning, and 33 34 WHEREAS, CCRPC, VTrans, and CCTA seek to strengthen their working relationship 35 through open communications, shared objectives, and a collaborative approach to 36 problem solving; 37 38 NOW THEREFORE, it is mutually agreed as follows: 39 40

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I 1 Communication, Cooperation and Coordination 2

3 1. Purpose 4 5 All of the items in this MOU require communication, cooperation and coordination 6 between the CCRPC, VTrans, and CCTA. This section defines some specific ways in 7 which the CCRPC, VTrans, and CCTA agree to communicate, cooperate and 8 coordinate. 9 10 2. Definitions 11 12 The definitions of "consultation", "cooperation" and "coordination" found in 23 CFR 13 450.104 shall apply throughout this MOU. 14 15 3. Geographic Issues related to Transportation Planning 16 17 a. CCRPC will be responsible for transportation planning activities in the CCRPC 18

geographic area. CCRPC will coordinate with CCTA on transit planning activities. 19 There may be circumstances when CCRPC and VTrans agree that it is appropriate 20 for VTrans and CCTA or another affected party to perform transportation planning 21 work. These activities will be included in the Unified Planning Work Program 22 (UPWP). 23

24 b. Public involvement regarding UPWP tasks within the CCRPC area will be the 25

responsibility primarily of CCRPC. VTrans may also conduct public involvement 26 activities in consultation and coordination with CCRPC as the need may arise. 27 CCTA will consult with CCRPC when public involvement activities are undertaken 28 relative to work within the UPWP. CCTA may conduct their public involvement 29 initiatives on any other activities within the CCRPC area as needed. 30

31 4. Relationship between the State Long Range Transportation Plan and the 32

Metropolitan Transportation Plan 33 34 a. The Metropolitan Transportation Plan (MTP) shall be developed in cooperation with 35

VTrans and CCTA in conformance with 23 CFR 450.322. 36 37 b. The Statewide Transportation Plan shall be coordinated with the MTP in 38

conformance with 23 CFR 450.214(f). 39 40 5. Communication and Reporting Mechanisms 41 42 a. Development of the UPWP, MTP, and the Transportation Improvement Program 43

(TIP) will be mutually cooperative among CCRPC, VTrans, and CCTA. Contacts 44 between CCRPC, VTrans, and CCTA will be through designated contacts or 45

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persons. Each party is free to direct any inquiry or exchange any information with 1 representatives of the other organization. 2

3 b. Each party shall have a primary contact. 4

1) VTrans will designate a member of the VTrans Policy, Planning and Intermodal 5 Development Division. This person will be known as the coordinator and will 6 facilitate the cooperative interaction between VTrans and CCRPC. 7

2) The primary contact for CCRPC is the Executive Director. 8 3) The primary contact for CCTA is the General Manager 9

10 c. VTrans, CCRPC, and CCTA will regularly exchange information regarding current 11

policy directions, current issues of concern, current planning efforts, overall trends 12 and directions, the efficiency and effectiveness of this MOU, funding issues, and 13 other matters as appropriate. 14

15 d. VTrans is conducting transportation planning outside the Metropolitan Planning Area 16

in Vermont through the Transportation Planning Initiative (TPI), a cooperative 17 program with the Regional Planning Commissions (RPCs). CCTA may also 18 undertake planning outside the Metropolitan Planning Area in adjacent counties. 19 Each of the other parties shall keep the other parties informed of transportation 20 planning initiative activities by sending the other parties a copy of routine 21 transportation planning initiative communications. CCRPC shall cooperate with and 22 coordinate transportation planning activities with the neighboring RPCs engaged in 23 the TPI. 24

25 e. To the extent VTrans plans to implement any management systems affecting the 26

other parties, the other parties may participate in said management system 27 development and oversight. 28

29 6. Routine Conduct of Business 30 31 a. Consistent with the CCRPC bylaws and the Vermont Open Meeting Law, any 32

material relevant to matters under consideration at a meeting of the CCRPC Board, 33 or any duly appointed committee of CCRPC, shall be provided to all participants at 34 least one week prior to the meeting. 35

36 b. Materials related to the UPWP, TIP, MTP, and other items as appropriate, shall be 37

provided to VTrans and CCTA by the CCRPC in a timely manner, but at least 14 38 days in advance of relevant target dates. . Such materials will also be provided to 39 the FHWA and FTA by VTransthe appropriate party. 40

41 c. VTrans and CCTA shall respond to submissions by CCRPC in a timely manner in 42

light of relevant target dates, i.e., within 14 days of receipt. 43 44

45

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7. Conflict Resolution 1 2 a. In the event of unresolved disputes arising under this MOU between any of the three 3

Parties, a committee of four shall be established on an ad-hoc basis to investigate, 4 develop findings and make recommendations concerning such disputes. One 5 member shall be appointed by each Party and the fourth by agreement of the other 6 Parties. 7

8 b. The ad-hoc committee will investigate the matter, develop findings, and make a 9

recommendation back to the Parties in dispute within 30 days. 10 11 c. The Parties will act on the recommendation(s) of the ad-hoc committee at each of 12

their next regular meetings. 13 14 d. Should the parties be unable to resolve the questions, then the VTrans Secretary 15

shall act as referee and his/her decision in such cases shall be binding upon all 16 parties. 17

18 e. If not satisfied with the decision of the Secretary, CCRPC and/or CCTA may, per the 19

provisions of 19 V.S.A. Section 7(a), appeal to the Vermont Transportation Board. 20 21 f. Nothing herein shall be construed as preventing any party to this MOU from seeking 22

a court adjudication of disputes. 23 24 25

II 26 Unified Planning Work Program 27 28 1. Purpose 29 30 CCRPC's Unified Planning Work Program (UPWP) is a statement of the planning work 31 to be undertaken in a particular fiscal year. It describes the tasks and the budgeted 32 costs of each task, identifies who will perform the work, offers a schedule for work 33 completion, and lists the anticipated products of that work. The UPWP process also 34 identifies coordination requirements for specific projects between CCRPC and VTrans 35 or CCRPC and CCTA. The CCRPC UPWP shall be prepared in conformance with the 36 requirements of 23 CFR 450.308. 37 38 2. Content 39 40 a. The UPWP shall identify all work to be performed by CCRPC in the fiscal year. 41 42 b. Work performed will be organized by categories mutually agreed upon by all parties. 43 44 c. Within each category, work shall be described as a series of work tasks. Each task 45

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shall contain an overall description of work to be performed, a budget for 1 performance of the task, the source of funds, which agency will perform the work, a 2 timeline for completion of the task, and product(s) to be expected from the task. All 3 information shall be provided at a sufficient level of detail to allow CCRPC, VTrans 4 and CCTA a clear understanding of the task. 5

6 d. The UPWP shall include work tasks identified in the TPI program. 7 8 d.e. For information purposes, the UPWP should also include other relevant surface 9

transportation planning activities taking place in the CCRPC geographic area. 10 11 e.f. All activity undertaken in the UPWP tasks will be compatible with applicable VTrans 12

planning standards and guidelines. 13 14 3. Process 15 16 The UPWP will: 17 18 a. Be developed annually by CCRPC in cooperationthrough a UPWP committee and 19

consistent with CCRPC’s Public Participation Plan (PPP). VTrans and CCTA will 20 participate on the UPWP committee. 21

22 b. Be the basis for the annual work agreements between CCRPC and VTrans, and 23

CCRPC and CCTA. 24 25 c. Be the basis for financial participation by FHWA, FTA, state, and local government 26

within the CCRPC geographic area. 27 28 d. Be adopted by the CCRPC in accordance with its bylaws and PPP. 29 30 e. CCRPC will execute annual contracts with VTrans and CCTA. 31 32 4. Amendment 33 34 a. CCRPC will conduct a review of UPWP tasks and budgets at the midpoint of each 35

year and, if changes are required, a mid-year adjustment to the UPWP will be 36 prepared. The mid-year adjustment shall be developed cooperatively by CCRPC 37 and VTrans. The mid-year adjustment requires the approval of the CCRPC Board. 38

39 a.b. UPWP adjustments that affect less than 25% of the total UPWP budget may be 40

made at the discretion of the Executive Director. after consultation with the CCMPO 41 Executive Committee. These adjustments will not accumulate to more than 10% 42 within the fiscal year. Such adjustments will be reported to the CCRPC Board 43 Executive Committee at the next meeting. If the adjustment adds funds to the 44 maximum limiting amount of the UPWP contract a formal contract amendment will 45

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be necessary with VTrans. 1 2

c. Changes of more than 5% of the total UPWP budget necessary to address 3 significant emerging issues or emergencies, such as immediate safety problems or 4 significant federal funding changes, require the approval of the CCRPC Chair or 5 other CCRPC officer in the Chair's absence. Such changes shall not be effective 6 unless ratified by the CCRPC Board at its next or other subsequent meeting. If the 7 adjustment adds funds to the maximum limiting amount of the UPWP contract a 8 formal contract amendment will be necessary with VTrans. 9

10 5. Schedule 11 12 The UPWP will be developed annually based on the following schedule to achieve a 13 contact by the end of July: 14 15 a. VTrans, in consultation with FHWA and FTA, will inform CCRPC of the estimated 16

available Consolidated PL Funds by December 31ston or about January 1st. 17 18 b. CCRPC will provide a draft UPWP to VTrans and CCTA for review and comment 19

byon or about March 31st. VTrans and CCTA will provide review comments within 20 fourteen daysas part of the UPWP development process. 21

22 c. CCRPC will prepare a final UPWP for approval at the regularly scheduled May 23

CCRPC board meeting, and deliver the approved UPWP to VTrans by May 31st. 24 25 d. VTrans/CCRPC and CCRPC/CCTA UPWP Contracts will be in place by July. 26 27 6. Funding 28 29 UPWP cost sharing is as follows: 30 31 a. Consolidated PL funds: Eighty percent (80%) federal, ten percent (10%) VTrans and 32

ten percent (10%) CCRPC. 33 34 a.b. The cost-sharing framework in paragraph 6(a) above may be modified for 35

specific UPWP tasks and/or projects on a case-by-case basis by mutual agreement 36 of the parties. 37

38 7. Progress 39 40 CCRPC staff will report to VTrans and CCTA monthly on progress towards achieving 41 the UPWP goals including performance and expenditures. 42 43 44 45

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1 2 3

III 4 CCRPC Metropolitan Transportation Plan (MTP) 5

6 1. Purpose 7 8 The CCRPC MTP will establish the overall regional strategy for transportation 9 development and its relation to regional economic, environmental, land use and social 10 issues over a planning horizon of at least twenty years. The MTP will establish the basic 11 strategy to which all transportation improvement projects must adhere; all future 12 projects, if not explicitly identified by the MTP, must be consistent with the MTP. The 13 MTP may also identify specific projects required to address existing or future 14 transportation problems or to further specific social, economic or environmental goals. 15 16 2. Format 17 18 The MTP may be in any format consistent with the other requirements of this MOU and 19 state and federal planning law. 20 21 3. Content 22 23 CCRPC's MTP shall be developed in accordance with the requirements of 23 CFR 24 450.322. 25 26 4. Process 27 28 CCRPC's MTP shall be developed by CCRPC in cooperation with VTrans and CCTA 29 and consistent with CCRPC’s PPP. It shall be adopted by CCRPC in accordance with 30 its bylaws and PPP. 31 32 5. Amendment 33 34 The MTP may be amended from time to time in accordance with the CCRPC bylaws 35 and policiesPPP to reflect changes in the region, available funds, or for other reasons. 36 Amendments shall be made by CCRPC in cooperation with VTrans and CCTA. Any 37 amendment to the plan shall constitute an adoption of the plan as of the date of the 38 amendment. A plan amendment is not the same as a plan update and may not be 39 substituted for an update. 40 41 6. Schedule 42 43 The CCRPC MTP shall be updated at least every five (5) years. 44 45

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1 2 3

IV 4 Project Planning/Development & Act 250 5 6 1. Purpose 7 8 Several UPWP work items form a bridge between planning and subsequent project 9 design and implementation. These items include project planning and scoping (including 10 environmental issues identification related to the National Environmental Policy Act 11 (NEPA), and issues identification related to Vermont's Act 250), CCRPC participation in 12 Act 250 proceedings, and participation in Transportation Improvement District planning. 13 CCRPC may undertake project development. 14 15 2. Corridor Studies and Other Transportation Planning Studies 16 17 a. Corridor studies and other transportation planning studies are conducted to gain a 18

thorough understanding of transportation issues in Chittenden County and to 19 develop concepts for potential transportation improvements. 20

21 b. Transportation planning studies conducted by CCRPC are identified in the annual 22

UPWP. Major projects requiring enhanced coordination between CCRPC and 23 VTrans and CCRPC and CCTA will be identified. 24

25 c. CCRPC will consult with VTrans on projects involving VTrans-owned assets. 26

Coordination will include providing VTrans with the opportunity to review project 27 scopes of work and will include two meetings with VTrans staff for each project. 28 VTrans will participate in these planning processes. 29

30 d. On State-owned assets CCRPC will seek a formal municipal recommendation of a 31

preferred alternative. 32 33

e. CCRPC will consult with CCTA for projects that are proximate to existing or future 34 transit routes. CCTA will participate in these planning processes. 35

36 3. Project Definition Studies 37 38 a. Project Definition (Scoping) is the process that takes identified needs/ideas and 39

generates the necessary information to turn an idea into a project. In general, 40 projects must be defined before inclusion in the TIP. In certain circumstances 41 projects not defined (i.e. small capital projects, certain transit projects, projects which 42 have already had a considerable design effort although they were never defined) 43 may be included in the TIP. These circumstances will be determined on a case-by-44 case basis by agreement between CCRPC, VTrans and CCTA. 45

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1 b. As part of UPWP development, VTrans and CCRPC will, on an annual basis, 2

cooperatively determine the project definition studies to be conducted and the party 3 responsible for conducting the studies. When mutually agreed to by VTrans and 4 CCRPC, cost sharing for individual project planning studies may be on a basis 5 different than provided for in Article II, part 6 of this MOU. 6

7 a.c. Project Definition studies undertaken by CCRPC will be conducted in cooperation 8

with VTrans and CCTA, as appropriate, and in conformance with the most recent 9 VTrans Project Development Manual. 10

11 d. For projects involving VTrans-owned assets, CCRPC will coordinate with VTrans. 12

Coordination will include providing VTrans with the opportunity to review project 13 scopes of work and will include two meetings with VTrans staff for each project. 14 VTrans will participate in the planning process. 15

16 e. For projects that are proximate to existing or future transit routes, CCPRC will 17

coordinate with CCTA. CCTA will participate in the planning process. 18 19

f. CCRPC, CCTA, and VTrans commit to actively collaborate on developing 20 implementable solutions with the involved municipalities. On State-owned assets, 21 CCRPC will seek a formal municipal recommendation of a preferred alternative and 22 provide that recommendation to VTrans. 23 24

b.g. Projects selected for project definition must be determined to be consistent with 25 the MTP. 26

27 c.h. Draft project definition reports prepared by CCRPC will be reviewed by VTrans 28

and CCTA as appropriate. 29 30

i. CCRPC acknowledges that conducing a scoping study does not guarantee project 31 advancement. 32

33 4. CCRPC Participation in Act 250 Proceedings 34 35 a. VTrans and CCTA may consult with CCRPC, and CCRPC may consult with any 36

other party, for information and advice relevant to Act 250 proceedings on projects in 37 Chittenden County. VTrans and CCTA may request that CCRPC provide technical 38 and policy information and data relevant to an Act 250 proceeding in which they are 39 participating. Each of the other parties may also ask CCRPC to testify on their 40 behalf in Act 250 proceedings. 41

42 b. None of the preceding language prohibits CCRPC from seeking party status in Act 43

250 proceedings pertaining to Chittenden County projects which CCRPC believes 44 warrant CCRPC involvement, including, but not necessarily limited to, projects in the 45

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CCRPC MTP and TIP. Regardless of whether CCRPC’s participation in Act 250 1 proceedings is at the request of the other parties or by its own initiative, CCRPC will 2 consult appropriately with the affected municipality (ies), VTrans and CCTA. 3

4 5. CCRPC Participation in Transportation Improvement Districts 5 6 CCRPC will participate with VTrans as necessary in analysis and project identification 7 for transportation Improvement Districts (TIDs) identified in Chittenden County. 8 9 10

V 11 Transportation Improvement Program (TIP) 12 13 1. Purpose 14 15 The TIP is a multiyear, multi-modal program of transportation improvement projects, 16 which is consistent with the MTP. It contains a priority list of projects, financially 17 constrained by federal fiscal year, to be carried out during a period of not less than four 18 years. 19 20 2. Format 21 22 a. The TIP shall contain a listing of projects sorted by town/agency. At a minimum, 23

project priority shall be indicated by grouping the projects into project years. 24 25 b. The listing shall be accompanied by a narrative which addresses all applicable items 26

of 23 CFR 450.324. 27 28 c. The TIP shall be accompanied by a Certification of the Planning Process in 29

accordance with the requirements of 23 CFR 450.334. 30 31 3. Content 32 33 The CCRPC's TIP shall be developed in accordance with the requirements of 23 CFR 34 450.324. The TIP shall, at a minimum: 35 36 a. Be a financially constrained, by federal fiscal year, 4-year list of prioritized 37

transportation projects within the metropolitan area paid for in part or in whole with 38 federal funds. 39

40 b. Include phases of activity related to construction of transportation projects (e.g. 41

preliminary engineering, right-of-way, construction or capital expenses) and, for 42 transit operational and capital expenses. 43

44 c. Reflect adequate funding for operations and maintenance of the existing 45

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transportation system while implementing proposed projects. 1 2 d. Contain any regionally significant transportation project even if funded without 3

federal funds. 4 5 e. Be consistent with the MTP. 6 7 f. Contain at least the same informational items as the State Transportation 8

Improvement Program (STIP). 9 10 4. Process 11 12 a. The TIP will be developed by CCRPC in cooperation with VTrans and CCTA, and in 13

consultation with other transportation providers. 14 15 b. The TIP will be developed by CCRPC consistent with the CCRPC bylaws and 16

policies PPP. 17 18 c. The TIP will contain only projects for which adequate funding can be expected. 19

VTrans will provide the CCRPC with an estimate of available Federal and State 20 funds for the CCRPC's use in determining financial constraint. VTrans will provide 21 their estimates of available funds by January 31st for the following 4 federal fiscal 22 years. Estimates may be updated subsequent to the adjournment of the General 23 Assembly and the Governor signing into law the Capital Program and Capital 24 Development Plan. The CCRPC may also develop alternate funding estimates for 25 purposes of analyzing alternative TIP program development scenarios. Unless 26 mutually agreed by the parties, no alternative funding estimate shall be considered 27 binding on VTrans, CCTA or CCRPC. 28

29 d. Upon adoption of the TIP by the CCRPC and approval by the Governor, the TIP will 30

become, without modification, part of the STIP (per 23 CFR 450.326). 31 32 e. An affirmative vote by VTrans for TIP adoption at a CCRPC meeting constitutes a 33

commitment to recommend approval of the TIP by VTrans to the Governor. 34 35 f. Changes made to the VTrans Capital Program by the Vermont General Assembly 36

and signed by the Governor that affect the TIP will be considered for TIP 37 amendment by CCRPC. 38

39 5. Amendment 40

41 a. When amendments to the TIP are necessary, they will be made in conformance with 42

the CCRPC bylaws, TIP Amendment Procedures and PPP. 43 44 b. CCRPC shall prepare, adopt, and maintain TIP Amendment procedures. They shall 45

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be prepared in cooperation with VTrans and CCTA and adopted by the CCRPC 1 Board. 2

3 6. Schedule 4 5 a. VTrans shall notify CCRPC of estimated available funds for the following three (3four 6

(4) fiscal years by January 31. 7 8 b. CCRPC will send CCTA a TIP funding request by March 1. CCTA will respond by 9

April 1. 10 11 b.c. CCRPC, in coordination with VTrans and CCTA, shall develop a draft TIP to be 12

submitted to VTrans and CCTA for comments by May 15. Copies will also be 13 provided to FHWA and FTA. VTrans and CCTA will provide review comments by 14 May 30 as part of the TIP development process. 15

16 d. In accordance with the bylaws and PPP, CCRPC will prepare a final draft TIP to be 17

warned for public hearing at the regularly scheduled June Board meeting. A public 18 hearing shall be held at CCRPC’s regularly scheduled July meeting and, if the Board 19 so chooses, the TIP shall be adopted. 20

21 c.e. CCRPC shall submit the Adopted TIP to the Governor by July 30 for inclusion in the 22

State Transportation Improvement Program (STIP). VTrans shall submit the STIP to 23 FHWA and FTA. 24

25 d.f. CCRPC, VTrans and CCTA recognize the importance of continuity in carrying out a 26

program of transportation improvements. Should CCRPC, VTrans and CCTA fail to 27 agree on whether to include a given project in the TIP, the TIP development process 28 will continue to move forward on the above schedule. Within the financial constraint, 29 a financial "place holder," equivalent to the value of the project will be placed into the 30 TIP and the disagreement will be referred to the Conflict Resolution mechanism in 31 Section I (7) above. 32

33 7. TIP Project Tracking 34 35 The CCRPC shall track TIP projects as they pass from planning through design into 36 completion. Such tracking will consist primarily of reviewing and monitoring projects to 37 be implemented for conformance with the MTP and for consistency with the project idea 38 as originally scoped and the project budget. 39 40 41 42

VI 43 MOU Amendment 44

45

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Any of the Parties may propose changes to this agreement. Changes that are mutually 1 agreed upon shall be incorporated as written amendments to this MOU. No variation or 2 alteration of the terms of this MOU will be valid unless made in writing and signed by 3 authorized representatives of the Parties. 4 5 Following enactment of reauthorization of surface transportation funding by the federal 6 government, the parties will reexamine this MOU and appropriate amendments offered 7 to assure MOU conformity with federal law and regulations. 8 9 FOR THE CHITTENDEN COUNTY FOR THE VERMONT 10 REGIONAL PLANNING AGENCY OF TRANSPORTATION: 11 COMMISSION: 12 13 14 ____________________ ________ ______________________ ________ 15 Andrew Montroll, Chair Date Chris Cole, Secretary Date 16 17 FOR THE CHITTENDEN COUNTY TRANSPORTATION AUTHORITY 18 19 20 ____________________ ________ 21 Catherine Dimitruk, Chair Date 22

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 802‐846‐4490 ext. *21 or [email protected], no later than 3 business days prior to the meeting for which services are requested.

REGULAR MEETING AGENDA Wednesday, November 18, 2015 - 6:00 p.m.

CCRPC Offices; 110 W. Canal Street, Suite 202 Winooski, VT 05404

DRAFT

5:30 BOARD TRAINING – Regional Planning – Regina Mahony

CONSENT AGENDA – C.l

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) (Action; 5 minutes) 4. Approve Minutes of October 21, 2015 Meeting* (Action; 5 minutes) 5. FY15 Audit Report – Fred Duplessis, Sullivan Powers & Co. (Action; 30 minutes) 6. MOU with VTrans and CCTA* (Action; 30 minutes) 7. (Information; 15 minutes) 8. * 9. Executive Director’s Updates (Information; 25 minutes)

a. Monthly report (to be sent separately) b. Legislative Breakfast topics (Shared services/COG, Stormwater Utility payment by VTrans, ANR

PILOT payments, Energy Siting, other?) 11. Committee/Liaison Activities & Reports * (Information, 5 minutes)

a. Executive Committee (draft minutes November 4th)* ii. Act 250/Sec 248 letters*

b. Transportation Advisory Committee (draft minutes November 3rd) c. All Hazard Mitigation Plan Committee (draft minutes ___________, 2015) d. Long Range Planning Committee (draft minutes October 14, 2015)

12. Members’ Items, Other Business (Information, 5 minutes) 13. Adjourn

The November 18th Chittenden County RPC meeting will air on ______________ 2015 at 8 p.m. and repeat on __________________, 2015 at 1am and 7am and available on the web

at: http://www.cctv.org/watch-tv/programs/chittenden-county-regional-planning-commission-__ Upcoming Meetings ‐ Unless otherwise noted, all meetings are held at our offices:

Long Range Planning Committee – Wednesday, December 9, 2015; 4‐6 p.m.

Transportation Advisory Committee – Tuesday, December 1, 2015; 9:00 a.m.

Executive Committee, Wednesday, December 2, 2015; 5:45 p.m.

All Hazard Mitigation Plan Committee ‐ Thursday, __________; 3:30 p.m.

Planning Advisory Committee – Wednesday, November 18, 2015; 2:30 p.m.

CCRPC Board Training ‐ Wednesday, January 20, 2016; 5:30 p.m. CCRPC Meeting ‐ Wednesday, January 20, 2016; 6:00 p.m.

agenda joint executive/finance committee€¦ · agenda joint executive/finance committee...

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