Short term rental zoning passed by [Woodstock] select board

Vermont Standard

1/30/20

By Allan Stein

Standard Staff

A controversial set of new zoning regulations governing short term rental (STR) properties in Woodstock has been passed by a majority of the select board.

The board’s split 3-2 decision capped six months of public hearings on the proposed new regulations, described as a “good solution” by Planning Commission Chair Sally Miller.

“This is a good solution that will allow all short term rentals to be covered in our town,” Miller said at the final public hearing with the select board on Jan. 21.

The new guidelines amend Section 526 in the town zoning regulations covering the operation of short term rentals in Woodstock’s town and village.

Select Board Chair LD “Butch” Sutherland and board member Ray Bourgeois voted against the new regulations.

“I think it’s too restrictive,” said Bourgeois, while Sutherland called for more discussion.

According to the new regulations, the town “recognizes the benefit of short term rentals to home owners, visitors and the community. However, it is important not to create a nuisance or change the residential character of the area.”

In 2002, the planning commission enacted an ordinance that partly addressed short term rentals, although that was before the arrival of so-called air bed-and-breakfasts.

Moreover, town officials have voiced concerns that a proliferation of short term rentals might reduce the number of year-round residents.

“It has become much more necessary to have more control of what happens in the town,” Miller said.

However, several Woodstock residents characterized the new regulations as “overly restrictive” and a solution in search of a problem.

“We can’t regulate everybody in town. We’re not a condo association,” Susan Fuller said. “I do object that we are trying to control the neighborhood.”

Under the new rules, a short-term rental permit is not required for foliage season — Sept. 15 to Oct. 21 — “when the owner of primary tenant is in residence throughout the rental period and provisions are met.”

The new regulations include 12 provisions to “ensure that the commercial use of residential property does not adversely affect the neighborhood in which short term rentals are located.”



In addition, homeowners have the responsibility to comply with the Vermont Department of Taxes regarding rooms and meals tax rules and regulations.

The new regulations, in part, include these other provisions:

• Conditional use approval is required for rental periods of fewer than 30 days.

• Short term rentals are allowed no more than 10 times in a calendar year with a two-night minimum stay, excluding foliage season. When the owner is in residence, five additional rentals are allowed for up to a total of 15 rentals per calendar year.

• In Residential Five Acre and Forestry zones, short term rentals are allowed no more than 15 times in a calendar year with a two-night minimum stay. When the owner is in residence, short-term rentals are unlimited.

• All short term rental units shall be inspected and approved by the fire chief before the use is allowed.

• Only one short term rental use is allowed per property.

Each violation of the new regulations will carry a $200 fine for each day the violation continues, said Woodstock Town Planner and Administrative Officer Michael Brands.

Killington taxes to rise slightly, Select Board says

Mountain Times

January 15, 2020

Staff report
The Killington tax rate is expected to jump about 2 cents next year, to 0.48 per $100 of assessed property value.
The owner of a $150,000 home would pay $729 in taxes, which is up from $699 the year before. The total budget is also up  to $4.8 million this year compared to $4.4 million last year.
Part of the budget increase comes from a $137,000 payment due to the Federal Emergency Management Agency. The town replaced a culvert on Stage Road following Tropical Storm Irene in 2011 expecting to be reimbursed by FEMA, but the federal government denied the town money after Killington changed the scope of work without notifying FEMA.
The town also has a $158,000 payment due on a $1 million road repair bond, which includes culvert and bridge work.
The town has further budgeted about $175,000 from the General Fund to pay for capital needs at Green Mountain National Golf Course.
Though taxes are up, the tax rate estimate is slightly lower than the 0.49 tax rate Town Manager Chet Hagenbarth had predicted at the start of the year.
“We were able to get the budget in line with the budget last year,” Hagenbarth said.

8 percent increase for school budget unveiled

Vermont Standard
1/16/20
By Allan Stein
Standard Staff

The Windsor Central union school board unveiled on Monday a preliminary fiscal 2021 budget of $17.09 million, and voted to raise out-of-district tuition by $500.

In another unanimous decision, the board voted that $200,000 worth of repairs at The Prosper Valley School be funded through the “operating budget, loans, and/or private donations.”

Members also discussed the possibility of instituting a $50 participation fee for all school athletic programs, which would raise an additional $20,000 in district revenues.

The proposed $17,096,833 budget shows an increase of $1,293,084, or 8.18 percent above the current $15,803,749 budget for fiscal 2020.

Main factors driving the $1.3 million increase include contractual obligations which total $529,000, including early retirement, which comes in at $125,000.

Health care costs are also expected to increase by $425,000, or 12.9 percent, in fiscal 2021, which begins July 1.

According to a budget overview, “this year’s budget reflects an anticipated positive vote of merged district taxpayers to accept Barnard into the (Windsor Unified Union School District). As on-going communications are taking place with the Agency of Education to address the structural issues associated with Pittsfield and its implications for needing to maintain a separate WCSU budget, the FY21 budget is built as a single integrated budget and informs tax rates of member towns” in the union district.

Budget highlights include a 2.6 percent increase of 23 equalized pupils from last year. Education spending per pupil is also up 4.1 percent, or $740 per student, from $17,944 to $18,733. The state’s penalty phase kicks in at $18,756.

For every dollar over budget that is spent, the state penalizes the district $2, said WCSU Chair Paige Hiller.

Board members recently voiced concern that the proposed budget for fiscal 2021 contains only $50,000 for buildings and grounds maintenance.

By raising out-of-district high school tuition by $500 — from the current $18,000 to $18,500 — the amount of additional revenues generated for buildings and maintenance would be $55,000. “We feel it is really incredibly important to start building that (maintenance) fund,” Hiller said. Buildings and grounds are “really coming up short. You can’t maintain buildings with $50,000.”

The positive vote designating a funding source for The Prosper Valley School (TPVS) will enable the next phase of repairs. The school was forced to close down in late 2018 due to moisture and mold infestation.

The school had 93 pupils enrolled in grades K-6 from Pomfret and Bridgewater, all of whom have been transferred to Woodstock Elementary School. District officials have been working on a plan to get the school back up and running with a new configuration plan. The breakdown of the repairs is as follows: $44,000 for cleaning costs, $100,000 for a new heating and ventilation system, $2,500 for water meters, and an as yet determined amount for a potential water main break.
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“We feel it is really incredibly important to start building that (maintenance) fund,” Hiller said. Buildings and grounds are “really coming up short. You can’t maintain buildings with $50,000.”

Is the district not properly funding maintenance of the  buildings and grounds so they can say they're in disrepair to try and justify their $68 million proposal for a new school?
Vito

Killington Planning Commission approves short-term rental regulations

January 15, 2020

Mountain Times

By Curt Peterson
The Killington Planning Commission voted  to send its short-term rental property registration and permit proposal to the Select Board for consideration. The decision came Wednesday, Jan. 8.
The board proposed a system for coordinating and documenting data regarding the town’s large number of short-term rentals.
According to Preston Bristow, interim zoning administrator, the town’s 820 full-time residents have the largest number of short-term rentals in the state – 931 listings.
A short-term rental is defined as a property tenanted for less than 30 consecutive days and more than 14 days in one year. Killington Resort, and the many dining and entertainment offerings surrounding it, provide a year-round source of renters for these properties.
The Select Board may consider the recommendation at its next meeting on Jan. 21. If  accepted, the proposal would become an ordinance enforceable by the Planning Commission.
The commissioners voted 4 to 3 in favor of the recommendation, with Andy Salamon abstaining.
Regulation of short-term rentals was inspired, in part, by an ongoing court case involving a property owner who was given a Vermont fire and safety permit allowing up to 28  occupants
in a dwelling, based solely on installation of a sprinkler system and satisfying other fire safety requirements. The owner said he relied on this permit to rent his property to many more short-term tenants than the wastewater system could accommodate, causing septic failure and multiple sanitation concerns.
According to Town Manager Chet Hagenbarth, at least 30 additional properties are in violation, with various resulting issues. He feels the registration and permit process will serve to document which and how many properties are in the short-term rental pool, and to educate the owners about state and town regulations that need to be followed.
Police Chief Whit Montgomery said there are many complaints about over-occupancy, parking in streets, noisy parties and other breaches of the peace related to short-term rental properties.
Both the audience and board members brought up objections to the proposal during discussion.
Commissioners Walter Linnemayr, Chris Karr and Salamon said they thought the proposal was being rushed, and suggested waiting for Rep.Jim Harrison’s (R-Rutland County) recently introduced bill that Bristow said would give the town “clear authority to regulate short-term rentals.”
The pending court case was also mentioned, with a suggestion the commission wait for its result before taking action.
Hagenbarth said there isn’t much likelihood the Harrison bill will become law any time soon, and there is nothing in his bill or involved in the court case that would affect the need for the proposed zoning amendment.
“These laws are already in state statutes,” Hagenbarth said. “There is nothing proposed that will increase requirements on the part of property owners. They already have to comply with wastewater and fire safety regulations. But without this amendment in place Killington has no way to enforce those regulations.”
In the final version approved by the commission, short-term rental owners are not required to provide copies of documents showing State Division of Fire Safety inspector approval or a Vermont Wastewater and Water Supply Permit, or indicate their liability insurance reflects use of the property as a short-term rental. Instead, they can “self-certify” compliance and existence of documents.
“Once we have the owners’ signatures on a piece of paper certifying they have all the necessary approvals, we have something we can enforce,” Hagenbarth said.
Selectman Jim Haff said the Planning Commission will have to let the Select Board decide if there will be a permit application fee, and how much any fines would be for non-compliance.
The commission had talked about monitoring advertising on sites such as Airbnb to see what occupancies are offered by property owners.

School district faces spending challenges

January 8, 2020

Mountain Times

By Curt Peterson
Windsor Central Modified Unified Union School District (WCUSD) finance committee members are struggling with their fiscal year 2021 primary goal of avoiding a “penalty situation” for per-student overspending.
The state set the per equalized pupil spending cap at $18,756. The final district budget will be divided by the number of equalized, non-tuitioned students – for every dollar in excess of the cap the district would have to return a dollar to the state, so to increase $1 in the penalty phase requires $2 to be raised.
The state uses the average number of equalized pupils over the past completed three years to determine the total district budget cap. Killington board rep Jim Haff reminded fellow board members at a Jan. 3 meeting that because of the three-year averaging formula the district is getting credit for a slightly higher student population than it actually has, or will have in the future. Fewer students will mean growing per pupil spending, adding pressure on even a moderately rising budget.
Haff said the pupil count has been a moving target during the budget process. The latest figure used is 913 equalized pupils, though Brad James at the Agency of Education had set the district number at 903. Haff asked Finance and Operations Manager Mike Concessi to verify its accuracy.
“I really want to believe that is a good number,” Concessi said, of the 913 figure.
Concessi said the Agency of Education originally made an error estimating the district’s pupils, and he is waiting for a written correction.
Unfinished audits of FY2018 and FY2019 results are also a major budgeting roadblock – the board won’t know if they will have to incorporate a deficit or a surplus from those years when they create the FY2021 budget.
Haff cited White River Unified District’s audit of a previous year that showed a $455,000 deficit due to overestimated revenue and underestimated food service costs. He warned that WCUSD’s audits could produce an ugly surprise.
“Summaries for these years could either help us or kill us,” Haff said.
Concessi said he is confident 2018’s final numbers are accurate. He’s waiting for auditors’ paperwork to sign off on it, but did not have a summary showing negative, neutral or positive results relative to the budget.
His team is still making revenue journal entries for FY2019, he said. Once they are done the accounts will be sent to the auditors for review.
Pomfret board rep Patti Kuzmikas noted funding for a new HVAC system necessary to reopen The Prospect Valley School, closed since September 2018, is not included anywhere in the proposed FY2021 budget.
The estimated cost of the system is over $100,000. Pomfret resident Bob Crean has suggested the board put off the HVAC installation, do a structural “deep clean,” and retest to see if drainage and repair work already done has solved the mold and moisture problem.
“A decision has to be made,” Kuzmikas said, “where the money will come from to open the school next year, or whether the district will give the school back to the town.”
The committee agreed the board should make a decision at its Jan. 13 meeting.
Haff also noted that an appropriate allocation for capital maintenance for the district’s buildings is not included in the proposed budget, noting that it has been a few years now since a proper budget allocation has been included causing rising deferred maintenance costs, particularly at the high school.
District Superintendent Mary Beth Banios has suggested enhancements that would add to FY2021 expenditures, including increased Spanish instruction and permanent floating substitute teachers.
Haff and Concessi presented figures showing that the proposed budget is “more than tight” without adding expenses, and recommending decreasing rather than increasing expenses.
Additional revenue ideas included small fees from parents of students taking part in athletic teams, inviting local seniors to grant-funded weekly meals with the students, and asking towns to take over some campus maintenance, such as plowing.
“These are all just ideas, and not things we are planning at this time,” Banios said.
Athletic programs cost $425,000 in the FY2021 budget. Concessi said other districts commonly require fees to help support athletics.
Concessi explained that WCUSD pays food service expenses directly from general funds, then applies the cost to the food service budget, resulting in the deficit. For accounting, other districts transfer money from general funds to the food service, then pay the expenses, making their books look as if they aren’t incurring a deficit, he said.
WCUSD has a low number of meals served on a “free or reduced cost” basis to financially qualified students as compared to other districts. Federal funds reimburse districts for such meals, so WCUSD receives less funding per capita. WCUSD received just $127,000 in meal funding for FY2020.
Jennifer Iannantuoni, Killington board rep and district board co-chair, suggested having joint meetings with Select Board members and town managers to give them a sense of ownership and responsibility in district budget issues.
“Any school expenses the towns can absorb will help reduce the education tax,” Haff added, citing snow plowing as an example.

District seeks ‘creative funding’ for new school

Vermont Standard
1/9/20
Allan Stein
Standard Staff

A school building subcommittee said “creative funding” beyond local sources is needed to support construction of a proposed new middle high school building.

On Monday, Jan. 6, members of the New Build Committee for the Windsor Central Supervisory Union (WCSU) said those funding options will include both state and federal aid sources, in addition to soliciting private donations.

“It gives us a whole new sense of the complexity of the project,” said Ben Ford, the committee’s chair.

Ford said more than $225,000 has been raised so far through private contributions to support the next phase of planning, which will cost $425,000.

On Tuesday, a working group of the committee met with a design architect to review project refinements.

The estimated cost of the new school building is pegged at $68 million. Once an exact figure is known, the project will require voter approval from all seven supervisory union towns before construction can move forward.

Committee members agreed that private funding to a large degree will determine the success of the project.

During Monday night’s meeting, the committee discussed looking into state funding sources despite a state-wide moratorium on school building construction. The committee will also look at construction of an emergency shelter at the new middle high school in an effort to attract federal aid dollars.

In a recent site visit, Vermont Education Secretary Dan French met with supervisory union officials to “review the financial challenges” of new school construction, said WCSU Superintendent Mary Beth Banios.

“We reviewed that our taxpayers are sending $43 million to the education fund every year, but only getting $18 million back. We wanted him to be aware of the situation that exists in our district and we were brainstorming with him about possible ways the state could be of assistance,” Banios said.

Banios said the current school building, built in 1958, has outlived its useful life “and needs to be replaced.”

School officials have said it would be too costly to renovate, and to illustrate the point have been conducting building tours pointing out serious deficiencies hampering education.

Banios said the state is “struggling significantly financially and we are not the only district with facility issues, so I suspect a state level solution is unlikely, but we will continue to push on this,” she said.

“Everybody is in the same position,” said James Haff, a Killington member of the WSCU board.

Bill would clarify towns' authority over short-term rentals

Rutland Herald

Wednesday, January 8, 2020

• By Keith Whitcomb Jr. Staff Writer
  

MONTPELIER — A bill has been introduced in the Legislature that would give towns the clear authority to regulate short-term rentals, something several have been trying to do as the popularity of web services like Airbnb and Vacation Rentals By Owner grows.
H.567, “(A)n act relating to the regulation of short-term rentals by municipalities,” was introduced Tuesday by Rep. Jim Harrison, R-Chittenden.
“There’s some confusion as to what authority towns have in this arena,” Harrison said, adding that many towns have already taken steps to regulate short-term rentals by way of ordinance or zoning bylaws. “What my bill does is it makes it clear if a town wants to regulate short-term rentals, they would have the means to do that.”

The bill itself doesn’t regulate short-term rentals, nor does it require towns to regulate them.
The bill defines short-term rentals as “a furnished house, condominium, or other dwelling room or self-contained dwelling unit rented to the transient, traveling, or vacationing public for a period of fewer than 30 consecutive days and for more than 14 days per calendar year.”
Harrison said that last year the Legislature passed a bill making sure these properties were taxed appropriately.
The bill Harrison has proposed is a short one, only about two pages, and has yet to be taken in by a committee. That said, he feels its odds of passing are good, given that it enumerates existing authorities and doesn’t create or grant new ones.
Still, that enumeration will be welcome in Killington, according to the town’s interim zoning administrator, Preston Bristow.
“Right now, our lawyers are telling us the only way you can regulate these is by amending your zoning bylaws,” Bristow said Tuesday.
He said the Killington Planning Commission plans to meet on at 7:30 p.m. today at the Town Office for a second hearing on draft changes to the zoning bylaws that would create a registration program for short-term rentals in town. An initial hearing on the bylaw changes was held in November, he said, and the draft at the upcoming meeting contains revisions that were suggested.
Bristow said Killington would welcome the passing of Harrison’s bill, as he believes it would give the town clear authority to regulate short-term rentals via ordinance instead of zoning bylaws.
“We think it would be best to do it as an ordinance,” Bristow said, adding that ordinances are faster and easier to enforce than zoning bylaws. The latter are often complaint-based and require a great deal of back and forth between the parties involved.
Bristow said Killington is moving ahead with the bylaw changes since it’s not assuming Harrison’s bill will pass.
Charlie Hancock, chairman of the Montgomery Select Board, said Tuesday his board recently tabled indefinitely discussions about regulating short-term rental properties after questions about whether or not it has the authority to do so.
Hancock said that from the board’s perspective, it wasn’t clear what sort of nuisance the town would be regulating. It’s comfortable regulating things like parking, dogs and noise levels, but short-term rentals are something new.
“In this case, there’s a little bit of a gray area,” he said.

The Montgomery Select Board began discussing regulating short-term rentals when it learned that the number of them available in town had increased dramatically during the course of a few years. There haven’t been any big problems with them, Hancock said, beyond some parking issues, but if they keep growing that might change.
A concern for the town, Hancock said, was the possibility of homes being bought up specifically for use as short-term rentals.
Karen Horn, director of public policy at the Vermont League of Cities and Towns said many of her organization’s members have asked about how to manage short-term rentals. Towns have had problems with properties hosting far more people than they’re permitted for, noise and other issues.
Between Memorial Day and Labor Day, Airbnb owners made a total of $20.4 million from 139,400 guests, according to data from Airbnb. Burlington, Rutland, Stowe, Montpelier, and Lyndon were the most popular Airbnb towns.
The company wouldn’t mind clearer regulations on short-term rentals.
“Airbnb supports common-sense regulation of home sharing, and that’s why we have worked with municipalities nationwide — including several across Vermont — to craft policy that fits both the needs of local government as well as those of our community,” said Josh Meltzer, head of Northeast policy for Airbnb, in an email. “While we are still reviewing this legislation, we are especially proud to have had a positive working relationship with the State of Vermont during the past several years, collaborating on everything from tax collection to safety, and we welcome the opportunity to continue that work with any city or town here in the Green Mountain State.”
keith.whitcomb @rutlandherald.com

Reconvened public hearing Zoning Bylaw changes Proposed Short Term Rental Registration

Town of Killington, Planning and Zoning View this email in your browser THE KILLINGTON PLANNING COMMISSION The Planning Commission invites you to a reconvened public hearing on Zoning Bylaw changes, including Proposed Short Term Rental Registration to be held on WEDNESDAY, JANUARY 8, 2020 AT 7:30 PM at the Town Office Meeting Room 2706 River Road "Proposed Amendments to Killington Zoning Bylaws - January 8, 2020" Town Website Upcoming Meetings Discover Killington Copyright © 2020 Town of Killington, All rights reserved. Want to change how you receive these emails? You can update your preferences or unsubscribe from this list

From :D R A F T Selectboard Meeting Minutes Tuesday, December 17, 2019

7. Windsor Central Unified District Update 

 a) Budget Schedule In an effort to dispel rumors, board member Haff (also serving on the WCUSD Board) clarified there was no real budget schedule per se. FY 2018 had still not been signed off by the Auditor(s) and work had only recently begun on FY 2019 entries. The WCUSD were checking with the State of Vermont and Counsel to see if March voting can be postponed until April, in the hope of having completed Financials to work with for the 2020 budget. 

 b) 12/16/19 Board Meeting Report Initial reports confirm incomplete financials, inadequate capital funding and a lack of clarity in student numbers. Audit corrections and recommendations could result in a dramatic change in the financial outlook, significantly affecting tax rates. The (WCUSD) Board Meetings are also still discussing the potential of a new $68M school building at a remarkable (and additional) increase to the tax payers. The State of Vermont is already considering 5-6% increase(s). Killington’s boost in healthy property sales this year may affect the States Common Level of Appraisal with a potential of CLA increases as high as 10% and possibly evoking a Town wide reappraisal.