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Agenda and Minutes 2008-09-17 Community Preservation Committee Agenda DATE: Wednesday, September 17, 2008 TIME: 7:00 PM PLACE: City Council Chambers, 212 Main Street (BEHIND City Hall) Contact: Jack Hornor, Chair, Community Preservation Committee Jack@JackHornor.com Fran Volkmann, Vice Chair, Community Preservation Committee Franv@comcast.net Bruce Young, Community Preservation Planner byoung@northamptonma.gov (413) 587-1263 Agenda Public Comment period ? Acceptance of 9/3 minutes ? Chair's Report ? Budget Report ? Expedited Review of Valley CDC Maple Street SRO application ? Discussion of By-Laws & Rules of Procedure ? Update on reporting to the state ? Update on all projects ?? Other Business ?? For additional information please refer to the Community Preservation Committee website: http://www.northamptonma.gov/gsuniverse/httpRoot/comm/ MINUTES Community Preservation Committee Date: Wednesday, September 17, 2008 Time: 7:00 pm Place: 212 Main St., City Council Chambers Members Present: Jack Hornor, George Kohout, Craig Della Penna, Lilly Lombard, Tom Parent, Fran Volkmann, Don Bianchi and Mason Maronn. Staff Present: John Frey, Community Preservation Planner Jack Hornor opened the public meeting at 7:05pm. 1. PUBLIC COMMENT ?? Kathy Silva spoke in opposition to the Maple Street SRO project. She was unhappy with the CPC’s support of HAP at Paradise Pond and feels this is another bailout of a struggling agency. Also, she stated Valley CDC has until 2012 to re-finance their mortgage and therefore this is not a pressing issue. She is concerned that Valley CDC will turn over the property to a for-profit entity after the rehabilitation is completed. She also has problems with the current tenants using many on street parking spaces in the business district. She finished by stating it is the responsibility of the CPC to safeguard the use of taxpayer money. ?? Jack Hornor suggested Kathy Silva email the full text of her statement to be included in the minutes. ?? Don Petigny-Perry from SRO Outreach spoke in support of the Maple Street SRO project. SRO’s in general and this project specifically are very important to our community. Many low income, elderly, and recovering substance abusers need this housing. It is not just transitional for many, but rather long-term. Just a few have vehicles. Enhanced SRO’s are friendlier to those living there. Many hard working folks are living there. ?? Joanne Campbell, Valley CDC rebutted Kathy Silva’s portrayal of the business practices of Valley CDC. She stated it is true that Valley CDC will spin-off the project as a separate LLC once the work is complete. However, Valley CDC will be the sole member of the new LLC and it will be a non-profit entity. 2. APPROVAL OF MINUTES ?? Jack Hornor presented the minutes of the September 3, 2008 meeting for approval. He suggested a few changes that have been incorporated into the draft minutes. ?? Upon motion by Mason Maronn, seconded by Tom Parent, all voted in favor of approving the minutes (Lilly Lombard abstained). 3. CHAIR’S REPORT ?? None 4. BUDGET REPORT ?? John Frey presented updated general fund and capital account balances as of August 31, 2008. The CPC general fund balance stands at $1,335,329.85. The capital account balance stands at $482,625.19. He noted these figures are not of much use to the CPC as it doesn’t include recommended but unallocated funds, nor does it include anticipated income revenues such as the State matching funds. He is working on a spreadsheet that will reflect a more useful number and be available on a constant basis for CPC members. ?? Jack Hornor noted Bruce Young completed the State CP3 reporting requirements. Also, the State matching funds have been assured for delivery on October 15, 2008. The total match will be $585,000. ?? Jack Hornor also noted a new spreadsheet that will be available in the budget master report. It is a category allocation percentage chart. Currently, the CPC has awarded 58% to historic preservation, 19% to affordable housing, 21% to open space preservation, and 1% to recreational projects. ?? Don Bianchi requested a summarized total of requests before discussion of the Maple Street SRO project. Fran Volkmann noted to following… -Four open space requests for $436,276 -One recreation request for $40,000 -Four housing requests (including Maple Street SRO) for $586,250 -Two historic preservation requests for $152,761. -Total requests for Round 3 are eleven projects for $1,215,287. 5. EXPEDITED REVIEW OF VALLEY CDC, MAPLE STREET SRO APPLICATION ?? Jack Hornor opened discussion of the expedited review of the Valley CDC application. He announced the applicant is available to answer questions as needed. ?? Joanne Campbell of Valley CDC explained they own an eleven unit SRO at 16 N. Maple St. in Florence. The application is to help fund refinancing and rehabilitation of the site. They are requesting expedited review because there is a state grant application due on October 30, 2008. This CPA grant would help leverage approval of the state funds. Refinancing of the current home is not due until 2012 but prudent to act now. Operating costs are growing and the energy saving measures in the project would help solve that problem. DHCD (the state funding source) may have just one funding round in 2009 instead of two, therefore more important to fund now. ?? Fran Volkmann stated three members attended the site visit. It was easy to understand reasoning for this project. They are not changing footprint, but reconfiguring area to create more space. Bathrooms currently are not handicap accessible. Also, the home is very crowded for number there. Private bath and cooking would be a big step forward. ?? George Kohout asked if the commercial space would remain part of project. Joanne Campbell confirmed it would remain. ?? Mason Maronn questioned the one-year timeline for construction. He thought it seemed aggressive. Pat McCarthy stated other projects have been completed with the same timeline. All tenants would be relocated a couple months beforehand. They will hire a relocation specialist. Some moved permanently, some temporarily. ?? Don Bianchi stated he appreciated Valley CDC’s thorough responses. He noted the current operating budget loses over $12,00 per year. This project would have an $18,000 impact on budget per year. He is surprised the property does not have any current affordability restrictions. Pat McCarthy explained there was a ten-year restriction for homeless use, but that expired. This would add units with affordability restrictions to the city’s stock. ?? Don Bianchi asked for an explanation of Peg Keller’s statement questioning enhanced SROs. Joanne Campbell explained the Next Step Collaborative has determined there is a continuum of care options needed in the area. There is a need all types of housing from dormitory style to enhanced style. Different people have different needs. Zoning issues up in air and enhanced units may not be possible anyhow. The site is pre-existing/non- conforming currently, not sure what would trip it to needing further permitting. Even if the cannot due enhanced units this is still a worthwhile and necessary project offering safety, energy, and handicap accessibility improvements. ?? Lily Lombard questioned if enhanced units cost more to maintain. Pat McCarthy confirmed they have slightly higher utility costs, but not much more than a rooming house. ?? Lily Lombard stated the house does not feel like it has good bones. Pat McCarthy stated the project would help the site adapt and modernize much quicker. He also confirmed they use long lasting products when possible such as the siding and wood floors. ?? Don Bianchi stated DCHD has a very intensive design and review process as part of their funding system. The CPC can rest assured those questions would be asked by DCHD. ?? Tom Parent wondered about the small footprint with little yard. Would a different location be more appropriate? Joanne Campbell stated they own it and want to preserve it. They constantly look at variety of options, but this is a great location on the bus route and walking distance to services. ?? George Kohout questioned what would happen if state does not award funds. Jack Hornor stated the CPC could make any conditions it wanted regarding its award. Don Bianchi stated some of money was for grant preparation. Joanne Campbell stated funding is quite likely but the CPC could be liable for just the first $25,000 to assist grant preparation. ?? Fran Volkmann asked how many enhanced SROs currently exist? Pat McCarthy stated just the Go West building, 96 Pleasant St. and Earle St. About 20% of the stock currently. Good place for enhanced if we can do it. ?? Jack Hornor stated he is concerned about the zoning question. Pat MCCarthy stated the project is moving forward as it can by right. They would fight for enhanced SRO, but that may come back to bite them. It is zoned as general business meaning they can’t add more than 2,000 sq ft of space. The primary impetus is to preserve SRO and make sustaining. Either style will not change costs much as the square footage will remain the same. ?? Don Bianchi asked if the zoning questions would be resolved by October 30, 2008. Pat McCarthy confirmed it would, as the state requires complete plans. ?? Mason Maronn questioned why the property is not currently in the SRO inventory. Joanne Campbell stated they have a license for a lodging house. MGL 40B requires agreement of affordability. ?? George Kohout summarized that Valley CDC is asking for some now, some later. Joanne Campbell confirmed they need $25,000 to move project along, then $225,000 later in the year after state commitment. It is good to have the money early to avoid need to borrow money. ?? Don Bianchi proposed to condition the grant for $25,000 now, and balance when state approved. ?? Don Bianchi stated he thinks the CPC should do this as it has high social value. Time pressure makes it necessary. ?? Tom Parent stated the CPC is making FCBA people jump through hoops for $40,000, but giving money to Valley CDC without ducks in row. ?? Jack Hornor stated the CPC has vigorously supported FCBA. The CPC has helped them along way, but can’t satisfy all. ?? Fran Volkmann stated preservation of SRO-type housing is top priority to end homelessness. Downtown setting is very important. This is an incredibly complicated project, and Valley CDC is doing prudent job here. With respect to CPC this is as important as the other housing projects. She would support it now and in regular timetable. The percentage of CPC spending on housing is low thus far. ?? Jack Hornor added the language to release $25,000 now and rest at approval of First Stop funding. ?? Fran Volkmann moved to recommend $250,000 to Valley CDC for its 16 N. Maple St. project, and expedited allocation. Conditions include a 99 year affordability restriction, release $25,000, and the rest based on state funding. Lily Lombard seconded. Jack Hornor, Fran Volkmann, Lily Lombard, Don Bianchi, Mason Maronn and George Kohout voted in favor. Tom Parent and Craig Della Penna abstained. 6. DISCUSSION OF BY-LAWS & RULES OF PROCEDURE ?? Jack Hornor presented the latest draft version of the By-laws and Rules of Procedure (see attached) for discussion by the CPC. He stated the Best Practices Committee has suggested each committee approve a set of by-laws and procedures. ?? Upon a motion by Mason Maronn, seconded by Tom Parent, all voted to accept the By- laws and Rules of Procedure as written. 7. UPDATE ON REPORTING TO THE STATE ?? Jack Hornor stated Bruce Young has completed the necessary CP3 forms required by the Massachusetts Department of Revenue. Bruce Young receive any email stating the report was received as needed. He is trying to get a hard copy from the State. ?? Mason Maronn queried what exactly the State requires for reporting. Jack Hornor stated the State has not required much until now. He expects the DOR will begin requiring more data. 8. UPDATE ON ALL PROJECTS ?? Jack Hornor tabled this discussion to the next meeting when Bruce Young will be present. 9. OTHER BUSINESS ?? Tom Parent suggested reserving the 10% required set-asides each year for special expedited projects. Jack Hornor agreed this is a good idea and suggested discussing it during the CPA Plan review in the coming months. ?? Jack Hornor summarized the upcoming schedule for the CPC… -Site visits on September 27, 2008 -Questions to applicants due to Bruce Young by September 29, 2008 -Discussion of the CPA Plan revisions begins October 1, 2008 -Applicant responses due October 10, 2008 -Applicant presentations on October 15 and November 5, 2008 -Discuss project recommendations on November 19 and December 3, 2008 ?? *** George Kohout requested an update on project signage requirements. Upon motion by George Kohout, seconded by Tom Parent, all agreed to adjourn meeting at 9:20 pm. Respectfully submitted on September 26, 2008, John Frey, Community Preservation Planner ATTACHMENT 1- Community Preservation Committee Recommendation for Funding Date: September 17, 2008 Applicant: Valley CDC 16 N. Maple Street Project Amount of funding requested: $250,000 Time frame of request: 2008-2009 Amount of funding recommended by CPC: $_______________ Time frame of funding recommended: ________________ Summary reasons for recommendation : ?? The Housing Partnership has prioritized SRO’s as a resource which is threatened. ?? 100% of this project would provide housing for very low income individuals. ?? The project leverages CPA funds, which would be approximately 12.5% of the project. ?? The project preserves rooming house units in an existing building. When completed, the project will allow these units to be added to the City’s affordable housing inventory under Chapter 40B. ?? The building includes 900SF of commercial space and therefore is a mix-used property. Conditions/contingencies attached to recommendation: ?? A Preservation Guarantee of 99 years is required (and has been agreed to by the applicant) ?? $25,000 awarded immediately with the final $225,000 when State funding is approved. ?? Other: To be added as appropriate ?? Procedures for monitoring and reporting shall be worked out among the Committee, Mayor and the grantee. ATTACHMENT 2- Northampton Community Preservation Committee By-Laws And Rules Of Procedures SECTION 1.0--PURPOSE & INTENT These Bylaws and Rules of Procedure shall govern the operation of meetings and business before the Northampton Community Preservation Committee in carrying out its duties and responsibilities as assigned to it by the ordinances of the City of Northampton and the General Laws of the Commonwealth of Massachusetts. Where there appears any conflict between these Rules and either state laws or the City Charter, the Law and Charter shall govern. For any item of parliamentary procedure not governed by these rules or by appropriate laws, the Chair’s Ruling, subject to override by a majority of the Community Preservation Committee, will govern. SECTION 2.0--ORGANIZATION Section 2.1 – Election of Officers a. Two officers, Chair and Vice Chair, shall be elected for a one-year term by a majority of the quorum at the first or second meeting in December of each calendar year. b. A Committee member may serve as Chair or Vice Chair for 3 consecutive years, after which he/she shall not be eligible to be nominated for the same position until one year has passed. However, a two-thirds (2/3) vote of the Committee can waive this provision. Section 2.2 – Chair: Powers and Duties: The Chair shall preside at meetings, establish agendas, call special meetings, represent the Committee in certain matters, and have the power to appoint Committee members to standing and special committees. The Chair may vote on all matters coming before the Committee and may participate in debate. Section 2.3 - Vice Chair: Powers and Duties: The Vice Chair shall carry out the functions of the Chair in his/her absence, provide an orientation of the Committee’s functions to new members, and shall lead the annual review of the Northampton Community Preservation Plan. Section 2.4 – Vacancies or Resignations: Should there be a vacancy or resignation in any of the Community Preservation Committee positions, the commissions, boards or authorities who have appointment authority under the Northampton CPC Ordinance shall appoint a new representative within 45 days of the first date of vacancy or resignation, otherwise said vacancy may be filled by the City Council. Said names shall be forwarded to the City Council for approval. Section 3.0--MEETINGS & HEARINGS Section 3.1 – Notice of Committee Meetings: Notice of all regular meetings will be delivered, e-mailed or mailed (postmarked) to members of the Committee and posted with the City Clerk, no later than 48 hours prior to the time of the meeting, and notices of all regular and special meetings shall be posted in City Hall at least 48 hours prior to the time of the meeting. When time is a constraint, telephone calls or e-mail may be used to supplement such notices. All meetings will also be posted on the Committee’s website, the listserv of the Office of Planning & Development, and on other listserv or e-mail lists. Section 3.2 – Notice of Public Hearings: Notice of hearings shall be advertised as required by the provisions of the General Laws, Chapter 40A and Chapter 41 §81A Section 3.3 – Regular Meetings: The committee generally meets once a month, on the third Wednesday. A second monthly meeting is held when necessary, generally on the first Wednesday of the month. Section 3.4 – Special and Emergency Meetings: Special meetings may be called by the Chair at a time and location generally convenient to the Public. There shall be at least 48 hours notice given for a special meeting except for emergencies, as defined by state statute. Section 3.5 – Subcommittee/Miscellaneous/Workshop Meetings: The Committee may also hold other types of public meetings, subcommittee meetings, information sessions, or workshops in which the public is invited to participate. Section 3.6 – Public Participation During Meetings: The Committee encourages public participation. There is a formal Public Comment period at the beginning of each meetings. Additionally, members of the public are generally allowed to participate in Committee discussions, either upon the invitation of the Chair or the invitation of a Committee member and consent of the quorum. Section 3.7 – Calling of Public Hearings: Public hearings, which require newspaper advertising in each of the two weeks prior to such a hearing, are held under the following circumstances: a. For review and consideration of the annual adoption of the Community Preservation Plan. The Northampton CPA ordinance requires that “the Committee shall hold one or more public informational hearings on the needs, possibilities and resources of the City of Northampton regarding community preservation possibilities and resources.” The Plan contains the Committee’s finding on these topics. b. For any other action for which the Committee determines a public hearing will be useful. NOTE: Every meeting of the Committee is open to the public. Section 3.8 – Quorum and Votes at Regular Committee Meetings: A majority of the authorized membership of the Committee will constitute a quorum and must be present to conduct a meeting. Unless otherwise stated within these Rules and Regulations or as stated within applicable statues and regulations of the Commonwealth of Massachusetts, the majority of the quorum at a meeting is required for a passing vote. Section 3.9 – Attendance of Meetings – Committee Members and Associate Members: If any appointed Committee member misses half of the scheduled meetings of the Committee during any calendar year, the Chair shall review the absences of the Committee member and the Chair shall recommend appropriate action to the City Council. SECTION 4.0—DISTRIBUTION OF INFORMATION Section 4.1 – Use of E-mail within the Committee: Except as provided for in the next paragraph, e-mail among Committee members is limited to administrative use only. E-mail may not be used for any substantive messages, including messages about the Committee’s policies & procedures and messages about CPA applications or related topics. The exception to this general rule is that any Committee member may send a substantive e-mail on any matter, provided the e-mail is sent to only some or all of the following people: the Chair, Vice-Chair, and Committee staff. Furthermore, the member may send such e-mail with the understanding that the contents of his/her e- mail shall be shared with the full Committee at the next duly constituted meeting, regardless of whether the Committee member sending the e-mail is present at the meeting. These e-mail rules are intended to ensure that the Committee operates according to the Massachusetts Public Meeting law, which requires that the work of the Committee take place in public. Section 4.2 – Use of Meetings to Distribute Information Written comments from committee members and members of the public will be read aloud at the appropriate times during committee meetings. a. Comments regarding CPA applications or eligibility forms will be read aloud during discussions of those items. b. Other comments will be read aloud either during Public Comment period or during discussion of the item or topic referred to in the comment. Section 4.3 – Use of E-mail to contact outside organizations Because of the complexity of the CPA law, it is frequently necessary and helpful to contact other organizations, such as the Community Preservation Coalition, the Massachusetts Department of Revenue, and other CPA communities. All e-mails to such organizations should be sent by either the Chair or the Community Preservation Planner. Additionally, requests to evaluate specific CPA applications should be worded neutrally; a simple request to review and comment on an application is the appropriate language to use. SECTION 5.0--COMMUNITY PRESERVATION COMMITTEE RECORDS Section 6.1 – Record Keeping The Community Preservation Planner, acting as staff/agent for the Committee, shall be responsible for preparing, keeping and maintaining the following official records and documents of the Committee to be physically or electronically located within its office: a. Minutes of the meetings b. Agendas c. Staff reports and recommendations d. Copies of all Eligibility Forms, Applications, and related correspondence e. Other Committee records All Committee records and documents are available to the public upon request. The Committee keeps many records and documents on its website. Anyone interested in viewing other records and documents should contact the Community Preservation Planner, who may be reached at the Northampton Office of Planning & Development. SECTION 6.0 – FISCAL and STAFFING PROCEDURES Section 6.1 – Adoption of CPC Administrative Budget: The Committee is allowed by law to request an appropriation of up to 5% of estimated fiscal year CPA revenues to use for administrative purposes. Before the beginning of each fiscal year, the Committee will determine the administrative budget it needs, and will request the City Council to appropriate that amount. Section 6.2 – Committee Staff: The Committee may employ staff if it wishes to. Staffing costs are paid out of the Committee’s administrative budget. Staffing agreements must be voted on by the Committee. Staff report to the Chair of the Committee under the terms of any staffing agreement. SECTION 7.0-ADOPTION & AMENDMENT Section 7.1 – Procedure for Adopting & Amending: These By-laws and Rules of Procedures may be adopted and subsequently amended at any regular meeting by a majority vote of the Committee, provided that any original proposal or amendment shall have been proposed at a regular meeting immediately preceding that during which a vote is taken, and further provided that all members are mailed, e-mailed, otherwise provided copies of the proposal.