Mayor's Affordable Housing Task Force
Meeting Minutes

Minutes for November 6, 2001

Present: Bennett, Bissonette, Dettman, Dorn, Eldridge, Farrell, Kenworthy, Knight, Lafayette, Markley, McNamara, Monte, Sassorossi, Torpy, Wimpey

Absent: Carpenter

Mayor Clavelle thanked members for serving and gave the Task Force its charge:

• Focus on all four Ps of our housing agenda: Protection, Preservation, Production, Promotion
• Don't spend time debating the level of the crisis or the level of income that needs to be served - be inclusive of all income groups
• Re-examine what's in place today and whether it's working.
• What changes are needed to make things work better in Burlington
• Burlington's aging housing stock is unique in our region - pay special attention to that.
• Feel free to be bold and think outside the box
• The Mayor pledged that his administration would implement the recommendations of the Task Force and not just file the report.

The Task Force set up a tentative meeting schedule and work plan, but asked staff to present a more detailed one at the next meeting on November 19.

Minutes for November 19, 2001

Present: Bennett, Bissonette, Carpenter, Dettman, Dorn, Eldridge, Farrell, Kenworthy, Knight, Lafayette, Markley, McNamara, Monte, Sassorossi, Torpy, Wimpey

Staff presented handouts explaining existing conditions with regard to trends in the housing market. Since there is a considerable volume of information and preparing a written summary would not be an effective use of staff time, the following list of documents represents the handouts that were distributed This information can be obtained by contacting Brian Pine at 865-7232.

HUD Fair Market Rents; VHFA purchase price and income limits; BHA payment standards; Allen & Cable Rent and Vacancy Rate survey; 2000 Consolidated Plan; Champlain Initiative Sprawl Study; Out of Reach (National Low Income Housing Coalition); COPC Spatial Mismatch report; 2000 Census data; COTS homeless data; BHA data on Section 8 program; Housing programs of CEDO and BCLT; Mayor's Housing Agenda 2001-2002; COPC Housing study; CCRPC Housing Task Force; Vermont Housing Awareness Campaign; Downtown RH Density ordinance; Rental Opportunity Center; City's plan for Build-out analysis and zoning re-write.

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Minutes for December 10, 2001 Public Hearing

David Mullin - Executive Director, Green Mountain Habitat for Humanity

• Building fees and trade inspection requirements higher in Burlington than surrounding communities.
• Burying utilities for new construction adds significant costs - $3,300 for single-family house at 23 Allen St. (Underground utilities mandated for new construction.)
• Habitat is seeing more single mothers with kids looking to find affordable ownership
• Habitat sticks to single family homes rather than duplexes - some exceptions
• Habitat serves households with less than 50% of median income for Chittenden County (about $27,000/year for a family of 4)

Bill Bryant - 61 Ferguson Ave.

• Help protect regulations and/or rulings that keep people and buildings safe. Do timely inspections, and take proper care with amending zoning.
• Have services be user friendly, and utilize the variety of city resources available, profit vs. non-profit.
• New buildings are frequently held up due to appeals.

Bruce Nunziata - S. Prospect St.

• Concerned about influx of people decreasing quality of life - likes small city aspect.
• Church St. development detrimental, may lead to traffic and parking issues.
• Adverse development effects: Real estate tax could go higher, harder to buy a home.
• Agrees that emergency shelters may be needed, but don't develop new housing simply to bring people into town.
• Recommendations-
  Some needs are immediate, but don't build to attract more people.
  Be aware of economic reality, and keep growth to a minimum.
  Moderation and careful planning is the key to Burlington's future

Rita Markley (Task Force member) replies:

• Many people, who are employed, cannot find housing. Structural imbalance, need to create housing near jobs.
• Who is going to pay the bill for the infrastructure of a growing city? Not only a roof over people's heads, but services available to people.
• VT Tenants, Inc. representative on Task Force (Ted Wimpey) reminded speaker that new owners are property tax payers.

Sandy Wynne - 73 N. Willard, Realtor and resident

• Student housing has taken over family neighborhoods. Put students back on campus, and increase owner occupied homes.
• Crime up - This may increase with more people.
• Infrastructure costs increase: more police, roads, and schools.
• All parts of housing market need to be expanded - work to increase the number of homes available for middle-income families, too. This will help broaden the scope of housing.
• Work towards responsible growth.
• Would like to see results of past housing studies.
• Encourage private sector participation.
• Enforce new zoning on group quarters, clean up houses in violation of housing codes.
• With a lack of homeowners, there is lack of motivation to maintain homes.

Richard Kemp - Flynn Ave., City Councilor, Ward 5

• Housing costs are too high!
• Community needs to come together and set up a fund to help with housing problems.
• Find money to help build affordable housing.
• He lives at the Flynn Ave. Housing Cooperative where residents are having success at budgeting and maintaining their homes.
• He feels cooperatives are a successful idea: low turnover with residents but not enough cooperatives to address the housing issue.
• Flynn Avenue Housing: Twenty-four, 1-2 bedroom units on <2 acres
• Housing Co-ops should be larger to have a stronger pool of buyers.
• More units without income caps.
• Co-ops are community based.

Joan Shannon - Lakeside neighborhood

• Create zoning regulations to include more housing.
• Where developing- develop for residential.
• Do not increase demand for housing by seeking new businesses and jobs.
• Need to deal with supply issue first.
• Supports the development of vacant upper stories on Church St.
• Create a wide variety of housing, and all housing may free up and people can find what they need.
• City should have a tax for vacant properties, so landlords will be encouraged to get tenants back in house

Gary Daly - 187 Church St. (Homeless Shelter)

• So many issues surrounding affordable housing, such as mental health, substance abuse, etc
• Affordable housing is not always in a livable state.
• This country has lost its sense of humanity to help people in ways unrelated to housing.
• Need to remember that even the people that clean your buildings, flip your burgers and fix your cars need a place to live and should be able to live in Burlington

Doug Dunbebin - City Councilor, Ward 3

• $200 a month increase in rent, increase in income does not match this.
• Lack of maintenance, landlords not forced to take care of properties. Need to hold them accountable and responsible.
• Some rental tenants tearing apart high quality of life.
• People rights should be included in the lease.
• Move away from the stigma that comes with the phrase "affordable" housing

Wayne Senville - past member of Burlington Planning Commission, Ward 1 resident

• Housing is a controversial issue, which leads projects to drag on. Difficult to be timely
• Land use mediation?
• Appeal process can lead project back to square one.
• Discussed Development Review Boards - housing vs. environmental
• Planning and zoning commissions have to deal with issues that should have been taken care of earlier.
• Ordinance criteria too broad, does not always help in decision-making process.
• Why are some of these projects un-raveling? Might be helpful if a past project was looked into.

Steve Norman - New North End resident, Vermont Legal Aid

• Preserve current housing, as well as build new.
• Legislative work on ordinances.
• Enforcement of quality housing.
• George St.: example of inspection upon complaint - City's routine inspection program is not working
• Tenants need proof that inspection has taken place.
• Quality of tenancy is low grade - no controlled rent. Rents being doubled.
• People transient due to high housing costs.
• Better filing of code enforcement (record keeping on properties) Section 8 homeownership should grow
• Tenant organizing - strong voice and political presence considering the city demographics
• Inspection records online
• Appoint a receiver for property

Lenora Dodge - Project Home

• $20,000 a year is saved by having seniors stay home as opposed to an assisted care type facility.
• Seniors can "home share" and open up homes to helpers.
• The City cut Project Home's budget - might be due to Burlington numbers going down. They focus on all of Chittenden County - by finding homes in outlying communities they help to reduce the pressure in Burlington.
• By sharing a household, number of members in home goes up and effects prebate of educational property tax.
• Many need a doctor's note to avoid the above issue, but still cause a barrier in possible home shares.
• Give incentives to have people share their homes, and tax deferral for older people.
  Should consider the idea of reverse equity for seniors to stay in their homes and pay property taxes using their equity

Minutes for December 17, 2001

Present: Task Force members: Stuart Bennett, Brenda Torpy, Brian Knight, Paul Dettman, Ted Wimpey, Bill Bissonette, Ellie Kenworthy, Mike McNamara, Kenn Sassorossi, Mark Eldridge, Michael Monte, Karen Lafayette, Sarah Carpenter. Staff: Brian Pine

1. Public Hearing Follow Up

• Consider allowing residential development in the industrial zone - Maltex/General Dynamics properties are examples of where it could work
• Rent stabilization - has it been explored by Burlington recently?
• Pros and cons of rent control - CEDO should gather research on the subject for Task Force consideration at the meeting on "protection".
• Need to get clarity on fire requirements and review all city-imposed requirements that add costs to new development
• Conflict of interest needs to be made narrower for Development Review Board (DRB)
• Analyze the 4th tax rate option that will be discussed in the Chapter 117 report

2. Production Barriers

• Very few developers build to actual zoning
• Predictability of the permit process is key
• Density doesn't reflect actual ability to build
• On the record hearings are needed at local level
• Minimum density zoning
• Limiting appeals by requiring posting of bonds
• Time-certain for appeals
• Environmental court needs to be revamped
• Redundancy in the local process and Act 250
• Need a forum for neighbors at front end that may avoid some appeals
• Who can appeal and under what circumstances
• Look at Massachusetts 'anti-snob' zoning law
• Litigation and fear of litigation is a barrier
• Lack of team work - adversarial forum - look at Karl Kehde's model
• Housing endorsement criteria - DHCA working on this
• Linkage fee to offset impact of commercial development on housing
• Inclusionary Zoning - square feet too big, should allow the cash contribution, especially on the waterfront
• Lack of resources for updating zoning code

3. Preservation Barriers

• Explore more rehab-oriented code that is used in New Jersey and elsewhere
• More flexible building code is needed
• Need to preserve existing project-based Section 8 properties
• Tax changes to encourage sale of project-based Section 8 to non-profits
• Historic homeownership tax credit

4. Protection Barriers

• Low wages, financial literacy
• Lack of available units is one of the main reasons why tenants are vulnerable

5. Homeownership

• Lack of stock for ownership makes central city less desirable
• Downpayment and closing costs are still the main barrier for low and moderate income buyers
  

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Minutes for January 7, 2002

Present: Task Force members: Brian Knight, Paul Dettman, Bill Bissonette, Mike McNamara, Michael Monte, Sarah Carpenter, Eric Farrell, Kevin Dorn, Rita Markley. Staff: Brian Pine

Downtown Task Force has recommendations about exempting certain projects from Act 250 - should get a copy of the report for review by the Task Force

Changes to environmental court - AHTF should support this, check with people that are staffing the Chapter 117 review committee for a copy of Judge Alden Bryan's report

Design control criteria needs to be evaluated with an eye toward making the review process less subjective - DAB should not be designing projects.

Identify top ten properties for development - CEDO and Planning should get this list together and maintain it for public use

Lack of new units at $150,000 price range is a real gap that needs to be filled

Housing Replacement Requirement (Sec. 15.1.6, Zoning Ordinance) should not require new units to be affordable unless the units being removed were affordable. Inclusionary Zoning (Article 14, Zoning Ordinance) should have a clear formula for determining the payment in lieu of building affordable units (Sec. 19.1.7, Zoning Ordinance)

The City should analyze the impact of the Inclusionary Zoning and Housing Replacement ordinances

Timing of adoption of the Building Official and Code Administrators (BOCA) National Building Code is an issue. Staffing/enforcement- coordination of the Burlington Fire Department (BFD) and the Department of Public Works (DPW)

Proposed Task Force Recommendations (to-date):

1. Look at Downtown Redevelopment report, Chapter 117 report, Judge Bryan's Environmental Court report, Chittenden County Regional Planning Commission Housing Task Force
2. Create Inventory of developable sites - both a list and a map
3. Develop capacity at Planning and Zoning (P&Z) for maintaining map
4. Evaluate inclusionary zoning and housing replacement - ask City staff to identify top five barriers to production and rehab
5. Coordination between BFD and DPW; Inspection Services Department (ISD) should have final authority
6. Support on-the-record Development Review Board (DRB) hearings
7. Advocate that "loser" pays for permit appeals

Minutes for January 28, 2002

Present: Task Force members: Fred Roen (for Mike McNamara), Stuart Bennett, Brenda Torpy, Paul Dettman, Ted Wimpey, Bill Bissonette, Kenn Sassorossi, Mark Eldridge, Michael Monte, Sarah Carpenter, Eric Farrell. Staff: Brian Pine.

Absent: Rita Markley, Karen Lafayette, Ellie Kenworthy, Brian Knight, Kevin Dorn

1. Follow-up from previous meetings: Minutes from all the past meetings and the public hearing were distributed. Sarah Carpenter discussed the report prepared by Judge Alden Bryan, which recommends the creation of three (3) Environmental Court judges to rotate the state. H.589 has been introduced to implement the recommendations of Judge Bryan's report. It was suggested that staff send a note to Jessica Oski, the City's legislative lobbyist to watch this bill carefully. There was a brief discussion about the pros and cons of replacing one Environmental Court Judge with three rotating judges. Staff will try to get an electronic copy of Judge Bryan's report out to AHTF members.

2. Housing Preservation factors: The concept of a "Flexible Rehab code was discussed - New Jersey developed such a code in 1998, and some newer models are available elsewhere. Ray O'Connor, City Code Enforcement Office, discussed the benefits of New Jersey's rehab sub-code: clear guidelines for each category of rehab; more predictable; reduces cost of rehab

AHTF supports the City adopting a flexible rehab code - Follow-up task: staff should ask Gene Bergman, City Attorney; for road map on how to get there. A staff opinion will be presented at the next meeting.

Burlington is the only municipality in VT with a Minimum Rental Housing Energy Efficiency Standards Ordinance (Sec.18.500 - 18.511 Burlington Code of Ordinances). Follow-up task: Staff should research with Burlington Electric Dept. on response time and how the ordinance may be improved.

Finding: Owners of rental housing have much fewer public resources available for rehab than do homeowners.

Recommendation: Urge Congressional Delegation to support capital gains tax changes to encourage the sale of Section 8 Substantial Rehab projects to nonprofits

Eric Farrell expressed concern about the impact of Housing Replacement (Sec.15.1.6, Zoning Ordinance) - making all replacement units affordable is too rigid a requirement. The replacement unit should be of comparable affordability of the unit being replaced. Is this a barrier to more housing rehab projects? Recommendation: Staff should analyze Housing Replacement (Article 15) and Inclusionary Zoning (Article 14, Zoning Ordinance) to determine if these policies have a negative impact on housing construction or rehab.

Recommendation: The City of Burlington should more aggressively pursue tax sales for fairness to other taxpayers and to create housing rehab opportunities.

Follow-up task: Devote time (30 minutes) at the next meeting to discussion of the Minimum Housing Program (MHP)

Minutes for February 13, 2002

Present: Mike McNamara, HUD; Colin Bloch for Brenda Torpy, Burlington Community Land Trust (BCLT); Ted Wimpey, Vermont Tenants, Inc.; Kenn Sassorossi, Housing Vermont; Mark Eldridge, City of Burlington Planning & Zoning Dept.; Sarah Carpenter, Vermont Housing Finance Agency; Rita Markley, COTS; Brian Knight, Preservation Burlington

Ray O: Discussed Minimum Housing Program (MHP) - was given authority for MHP two years ago. There is a five-year plan to restructure and have five inspectors in field and one administrative staff person. 1,000 inspections/year. Goal = 1,500 year. Database of 10,000 properties.

Scope has a wide range: housing, zoning, parking, and nuisance properties

Increase in fire fatalities, fire damage - new smoke detector ordinance was crafted in response to this trend.

Ted W.: Concerned that few routine inspections being done - hard to get accurate and timely records on inspections - tenants need this information. Inspection records should be on City's web site.

City should allocate sufficient resources to make MHP database accessible to general public via City's web site and this should not be delayed as the City develops an Information Technology (IT) system.

Current inspection cycle is six years. The goal of the City is a three-year cycle.

New measures for MHP: Ticketing for violations and place chronic violators under receivership.

The City should allocate $10,000 per year to cover relocation of tenants displaced by code enforcement actions.

Encourage mortgage lenders to take an active interest in troubled properties.

Duplex program: need more resources to return many properties back to owner-occupancy.

Colin presented BCLT data and will follow up with written material. He suggested that people interested in inclusionary zoning and other public policies to improve neighborhoods without displacing long-term residents should visit: www.policylink.org .

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Minutes for February 25, 2002

Present: Michael Monte, Ted Wimpey, Sarah Carpenter, Rita Markley, Paul Dettman, Fred Roen; Stuart Bennett

Absent: Mark Eldridge, Brian Knight, Karen Lafayette, Brenda Torpy, Eric Farrell, Bill Bissonette, Kevin Dorn, Ellie Kenworthy, Kenn Sassorossi

1. UVM's student housing project: Does the scaled back project violate the agreement with the City? City Attorney Joe McNeil believes this does not violate the agreement. UVM agreed to house 400 more students than were housed on-campus as of a certain date by any means they deem appropriate. The changes to the project size do not alter that commitment. The next Task Force meeting will include discussion of UVM housing, staff will send out copies of the City/UVM agreement and a letter from Tom Gustafson about UVM's plans.

2. Minutes from February 13th meeting: Add Mike McNamara's comment about use of Apartment Registration fees for activities outside the minimum housing code.

3. Security deposit ordinance:
Ordinance should be changed to allow for charging pet deposits - this would help tenants who own pets and landlords who are willing to rent to pet owners, but want greater protection from damages.

4. Anti-discrimination:
It was suggested that receipt of Section 8 should be added to the City's housing discrimination ordinance as a protected class. Ted feels that this is not necessary in order to enforce the state law, but feels that it should be added so that the City Attorney can enforce. BHA believes that HUD intends for the Section 8 program to be voluntary, and that property owners may just increase rents as a means to avoid having to participate in the Section 8 program.

5. Minimum Housing Program:
Staff should ask Code Enforcement to account for staff time spent on non-rental housing inspections i.e. parking, trash, zoning enforcement and nuisance abatement on owner-occupied, vacant buildings, commercial properties. The Task Force is concerned that tenants may be paying the $50 annual fee to fund code enforcement that extends beyond the scope of the Minimum Housing Code. Section 18-30 of the Code of Ordinances states that "this fee shall be in an amount determined by and dedicated solely to the cost of providing rental housing inspection services, clerical, administrative and mediation support services for the housing board of review and landlord/tenant resource services." Legal Aid is further concerned that landlords are not posting Certificates of Compliance in their units (as required in the code) and that CE is not enforcing this requirement. This makes it harder for a tenant to know how their apartment stands in terms of code compliance.

6. Apartment registration:
Ordinance should be amended to recognize that the ownership structure required under federal affordable housing programs makes many affordable housing units ineligible for the exemption of registration fees. To address this, the ordinance could be changed by changing the wording of Section 18-30, (a)(2) to read, "That unit meets both of the following two tests:" and removing subsection (a)(2)(c).

Task force should recommend a coordinated inspection program between Code Enforcement (CE) and the Burlington Housing Authority (BHA). Such a system would require Code Enforcement to prioritize inspection resources on those units which are not subject to routine annual inspections by a third party. This would avoid CE conducting inspections on units that are already subject to routine annual inspection by BHA or another third party.

7. Condominium Conversion:
Ordinance covers any rental property of more than 2 units. Staff should ask Assessor for the number and location of buildings with 3-10 units. It may encourage homeownership in areas with low homeownership rates if the ordinance is amended to encourage the conversion to condominiums of 3-10 unit rental buildings. State law that governs condo conversion would still apply.

8. Rental Application Fees:
Ted will present some information on credit checks and the charging of application fees. It was the intent of the legislature to eliminate all charges other than credit checks for prospective tenants seeking an apartment.

9. Model Lease:
The City should consider requiring a "housing disclosure form" be distributed to all tenants that clarify current rights and responsibilities for both tenants and landlords. Consideration should be given to requiring certain lease provisions in all leases.

10. Task Force meeting schedule:
" Add another meeting for discussing Just Cause Eviction and attending to other unfinished business in April or early May.
" Re-schedule public hearing for late May or early June, with final report ready for Mayor and City Council by July 1, 2002.

Minutes for March 25, 2002

Present: Michael Monte, Ted Wimpey, Sarah Carpenter, Paul Dettman, Stuart Bennett, Eric Farrell, Mike McNamara, Brian Knight, Bill Bissonette, Mark Eldridge, Kenn Sassorossi, Kevin Dorn

Absent: Rita Markley, Karen Lafayette, Brenda Torpy, and Ellie Kenworthy

Public: Sharon Bushor, Justin Dextradeur, Rep. JoAnna Donovan, and Jim Fingar

Carpenter: If UVM builds any new beds, they will need to create new parking spaces- so cost of parking should not be used as a justification for downsizing project. UVM chose not to build due to neighborhood opposition - they need to approach this project with resolve. Sarah offered to draft language about UVM housing for possible inclusion in the Task Force recommendations.

Monte: The City has a legally binding agreement with UVM regarding housing. This doesn't mean that the AHTF shouldn't take a position on this issue. If a majority of members of the Task Force believe that the City should take a different position on how UVM meets the 400-bed requirement, then the report should reflect that sentiment.

Monte: Task force should make a suggestion to CCRPC to deny any municipal plan that fails to include an affordable housing component with specific production goals and to urge CCRPC to require each member community to conduct a build-out analysis for future housing development.

Sassorossi: Three key factors are needed to create affordable housing: predictable permitting climate, capacity to produce, resources to produce. A self-assembled group of towns is needed to create state policies that reward towns/cities.

Dextradeur: Inter-municipal cooperation around sewer capacity and storm water discharge is needed to encourage affordable housing. Discussion ensued of a "core compact" among Burlington, S. Burlington, Colchester, Winooski and Essex. This group could establish threshold criteria that each member community strives to meet, i.e. create a local housing trust fund, enact density bonuses and inclusionary zoning and impact fee waivers, etc. Once the group has made some individual and collective accomplishments, they could seek priority status for state infrastructure funding.

Farrell: Concerned about AHTF report "gathering more dust than fingerprints" - final report needs to be grounded in reality and achievable in the near term. Could also include some long-term goals that are desirable, but not imminent.

The report should include a bibliography of innovative measures happening in other communities to demonstrate the range of possibilities.

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Minutes for April 1, 2002

PRESENT: Mike McNamara, Eric Farrell, Stuart Bennett, Paul Dettman, Bill Bissonette, Mark Eldridge, Kenn Sassorossi, Sarah Carpenter, Michael Monte, Brenda Torpy, and Ted Wimpey. Staff: Brian Pine

ABSENT: Brian Knight, Kevin Dorn, Karen Lafayette, Rita Markley, and Ellie Kenworthy

1. Just Cause Eviction Controls
Wimpey: Need a modified form of 'Just Cause Eviction Clause' (JCEC) - graduated notice period based on length of tenancy and other household characteristics, i.e. elderly, disabled, etc.

Torpy: BCLT follows a JCEC practice - tenants deserve same protection as someone who buys a car or home - if you are making your payments and abiding by your lease then you deserve protections.

Farrell: If the landlord and tenant have lifestyle disputes, would landlord be able to evict tenant under JCEC?

Bennett: Dislikes JCEC because a lease is a contract between 2 parties, landlord owns the building and deserves full rights to get the property back whenever they want. JCEC creates a perpetual tenancy - judges can't determine "unconscious-able" rent increases. No-cause evictions are usually behavior-related.

Carpenter: How serious a problem is this? Fair housing laws should protect tenants from abuse.

Wimpey: Other cities and states have adopted JCEC. Would support extending notice provision in cases where tenants have lived in a building for a period of time.

Torpy: Big difference for tenants vs. any other commodity - because housing is one of the most basic needs, tenants need some security of tenure. Would not support allowing evictions for making unit available for family members.

Sassorossi: Advocate increased notice provision is more realistic than perpetual tenancy.

Wimpey: JCEC is a good place where a lease addendum or model lease would be useful.

Bennett: If AHTF seeks to encourage investment in housing, JCEC will be another barrier. JCEC makes month-to-month tenancy obsolete. Developers would have even less incentive to invest in rental property if JCEC were in effect.

Torpy: Under JCEC, tenants gain some negotiating power with landlords that want their unit back.

McNamara: Have heard that landlords are using no-cause evictions as a faster way to evict a tenant. This is a loophole that circumvents the intentions of the law.

Monte: Under current market conditions, good tenants deserve some protection - if market changes, JCEC could change.

Carpenter: Would rather emphasize code enforcement and provide adequate eviction notice over full-scale JCEC.

AHTF should further consider recommending Just Cause Eviction Control "lite" - increased notice requirement for tenants based on length of tenancy and based on status as elderly or disabled or low-income.

2. Dealing with challenging tenants

Bissonette: Some portion of tenants is very difficult for other tenants and landlords to deal with. Can the City help deal with social and personal problems?

Can the City be a resource for intervention with difficult tenants?

Bill would support adding a $5 surcharge on the apartment registration fee to fund tenant services.

Dettman: State of Vermont needs to provide adequate funding to deal with tenant retention/intervention.

Wimpey: Should add dealing with challenging tenants to the list for AHTF.

3. Chapter 117 Review Committee Report

Re-write Chapter 117 - legislature needs to provide adequate funding to DHCA for a comprehensive re-writing of 24 VSA Chapter 117, subchapters six through nine (the regulatory component of the Planning and Development Act).

AHTF should endorse on-the-record review at Development Review Board hearings.

AHTF endorses the recommendations of Chapter 117 Review Committee and urges the State to undertake a comprehensive re-write of Chapter 117.

City should uphold it's own zoning ordinance with regards to "interested parties".

The City should explore a local anti-snob zoning ordinance.

Minutes for April 15, 2002

PRESENT: Eric Farrell, Brian Knight, Bill Bissonette, Fred Roen, Kenn Sassorossi, Sarah Carpenter, Michael Monte, Ted Wimpey

ABSENT: Mike McNamara, Kevin Dorn, Karen Lafayette, Rita Markley, Stuart Bennett, Paul Dettman, Mark Eldridge, Brenda Torpy, and Ellie Kenworthy

STAFF: Brian Pine, CEDO; PUBLIC: Jim Fingar

4. Tenants' Focus Group
Ted and Brian will discuss whether to convene a group of tenants to review the recommendations.

5. Draft Recommendations
Identify issues for further clarification, page numbers and number each item. Identify who takes action and timeframe.
? Action Responsible Party Timeline
Discussion of each item in narrative format.

Add proactive role by City to facilitate sales of property for housing development.

Offer density bonus to encourage conversion of office buildings to residential uses.

Amend minimum lot size to allow duplexes in more areas of the City.

City should reiterate that it desires to promote the development of housing.

City Council should adopt a statement in support of housing.

Task force should identify barriers and ask for solutions.

List unrealized recommendations from 1990 Regulatory Review that should be pursued.

Encourage developers to meet with neighbors early in the development process.

City should provide annual training to DRB/DAB members - City Attorney's office.

DAB should only cover properties where historic preservation is an issue.

Add glossary of terms to report.

Add water and sewer as a means of achieving regional cooperation.

City could mail out disclosure form to landlords with the annual registration fee.

Minutes for April 30 and May 22, 2002 

Because the Task Force focused exclusively on the draft recommendations, and since the draft was modified based on the deliberations of the group, staff did not take formal minutes.

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Minutes for June 17, 2002 Public Hearing (42 people attended)

1. What is no - cause eviction?

2. 3.11 lack of clarity on this item

3. Rent Control - was it discussed?

4. Anti - Snob zoning - how does it work? 

5. Sharon Bushor - item 2.12: add language that states towns must encourage housing for all types of households not just elderly housing

6. Vicki Harris - item 3.11: landlord should not be allowed to charge for credit reports - many low-income people can't afford reports.

7. John Orlando - rental market is increasing; vacancy rate will increase on its own; more people investing in real estate; Burlington is a very hostile place for landlords. He is an owner-occupant of a multi-family building on Intervale Ave. BHA inspection staff personally told him that they wouldn't own rental property in Burlington because the City makes it so hard for landlords
- Eliminate group quarters zoning
- For lease renewals - don't impose longer eviction notice requirements 

8. John Owen - Task Force should list recommendations in priority order and begin with those that will have the most impact. Item 2.2: the barriers still are numerous and this process will be valuable - invite Habitat to tell their stories.

9. Barb Prine - Vermont Legal Aid -Disability Law Project - appellant paying will make appeals an option only for the rich - worried about fees for reports (3.11) slippery slope. In her work with people w/ disabilities, No-cause evictions often start as discrimination - due to lengthy process of a "cause eviction", most landlords then change these evictions to no-cause to avoid all the hassles.
TF should focus more on accessible housing - especially the need to create more accessible family units. Target and improve units for accessibility
" Burlington should keep registry of accessible apartments to match people in need with available units

10. Richard Kemp
Affordable co-op housing is key - 10 units no turnover; no unit turned over more than 5 times. Ownership and mix of incomes are the main reasons for this stability 

11. Sharon Bushor
Local issues - appellant paying not fair; believes current process results in good projects; Keep the new UVM units on campus. Concerned about inclusionary buy - out option - TF should reconsider this as it flies against one of the main premises of the ordinance - all developments should be economically integrated.
Item 4.3 has a loophole - parents of college students buy the duplexes, and they become student housing.

12. Mr. Masi - VP of Concerned Residents of Northgate
Preserving Section 8 is too narrow - make it include all federally assisted units.
Item 2.7: need to keep the heat on UVM
Supports using city-owned land for mixed income housing

13. Don Schramm - think of housing in a broader context; mixed income should be a priority
2.2: include Co-housing when convening developers - Planning and Zoning could reduce car requirement to encourage a better mix
2.9: city-owned land should be for mixed income
4.2: condo conversion is a barrier to increasing ownership

14. Janet Green:
3.13 & 3.14 - excellent - help tenants keep their housing
3.11 - concerned that it is too open and may complicate the situation

15. Dave Barber:
2.8 databases of sites for development - City could send letters to owners asking them to consider housing on their properties and then follow up w/ phone calls. CEDO should invite owners to add 2nd floors where appropriate.
Possible sites for housing:
Pine St. between Locust & Birchcliff - all one story buildings that could support housing.
VFW, Champlain Farms, Bard
Acme glass
Champlain Transmission
King & S. Champlain
Kerry's Kwik Stop
Rite Aid
Lakeside Area - St. John's Club could add a floor
Blodgett is one story

16. Sandy Wynne:
Police & Fire should be a priority for new homebuyers
UVM is key - students say the on-campus units need to be affordable & they don't want on-campus rules to apply.

17. George Stokes:
Here for his mother - concerned about cost of hard-wired smokes and impact on historic buildings.

18. Justin Dextraduer:
COPC work with UVM
2.13 - add reserve infrastructure capacity as a local measure that would demonstrate municipal support for affordable housing.
Residential phasing - accelerate for affordable housing or discourage this practice

19. Erhard Mahnke:
Here as a citizen, not representing Affordable Housing Coalition
Highlights - federal policy changes -
Continued funding for VHCB & fed. Initiatives
Make no assumptions about maintenance of existing efforts - need to be explicit

20. Bob Kiss:
Time of sale rental code compliance - has the affect of chilling speculation and improving condition of rental units

21. John Powell:
Create graphics to show people how good affordable development can look

22. Vicki Harris:
How can landlords get away with such huge rent increases?

23. John Orlando: The Rental Opportunity Center is wonderful
Clarify that we are talking about preserving project-based units; Increased funding of Section 8 should be in report

24. Erhard Mahnke: highlights - should add sec. 8 discrimination to ordinance. Increasing insurance premiums ask commissioner to investigate the increases

Exclude CDBG & VHCB from priorities for state grants
Cautions against appellant paying for appeals

25. Sandy W. has ideas for how to avoid the owner-occupied portion of buildings with accessory apartments from becoming rentals.

Minutes for June 25, 2002

Because the Task Force focused exclusively on the draft recommendations, and since the draft was modified based on the deliberations of the group, staff did not take formal minutes.

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