MS4 Subcommittee approves edits to FY23 Chittenden County MS4 Stormwater Program Services Agreement

At its Aug. 24, 2022, meeting the Chittenden County Regional Planning Commission MS4 Subcommittee reviewed and approved specific track changes to the draft FY23 Chittenden County MS4 Stormwater Program Services Agreement, as compared to the 2017 agreement.

Dan Albrecht walked members through the proposed revisions. The Subcommittee approved a change to Section 5a clarifying that members shall be appointed either by governing bodies or their designees at publicly warned meetings, and that if a member represents a non-municipal agency that agency may use its own appointment process consistent with its policies.

The Subcommittee also approved revised text for Section 13 specifying that an MS4 permittee may withdraw from participation only at the end of a state fiscal year, and that an MS4 permittee wishing to withdraw must provide at least 90 days’ notice to the other MS4 permittees and the CCRPC; the draft states that a withdrawing member remains responsible for its share of contracts that the Steering Committee approved prior to the withdrawal’s effective date.

Member Chris Robinson suggested changing Section 9’s dues-setting deadline language to read that, for FY24 and following fiscal years, the annual dues shall be set by a two-thirds majority by December 15 of the preceding calendar year, with fallback language in the draft stating that in the absence of agreement the dues shall remain at $5,500 (the draft also includes an inline reference to $6,000 in a different place that the circulated version will clarify). Albrecht said he would circulate a revised draft that afternoon.

Next steps: Albrecht will send the edited agreement to members for internal review; members may respond by email and extra meetings will be scheduled only if multiple or significant edits are returned.