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Agenda and Minutes 2010-08-18 City of Northampton Community Preservation Committee 210 Main Street, City Hall Northampton, MA 01060 Community Preservation Committee DATE: Wednesday, August 18, 2010 TIME: 7:00pm PLACE: City Council Chambers, 212 Main Street (BEHIND City Hall) Contact: Fran Volkmann, Chair, Community Preservation Committee Franv@comcast.net Tom Parent, Vice Chair, Community Preservation Committee ParentBridge@hotmail.com Sarah LaValley, Community Preservation Planner slavalley@northamptonma.gov (413) 587-1263 Agenda  Public Comment  Chair’s Report  Minutes July 21, 2010 o  Financial Update  7:30 – Public Hearing, Draft 2010-2011 Community Preservation Plan  Q&A for Project Applicants  Conservation Restrictions  Other Business For additional information please refer to the Community Preservation Committee website: http://www.northamptonma.gov/cpc/ Community Preservation Committee Minutes August 18, 2010 Time: 7:00 pm Place: City Council Chambers, 212 Main St. Members Present: Fran Volkmann, Tom Parent, David Drake, Brian Adams, Joe DeFazio, Don Bianchi, Katharine Baker Staff Present: Sarah LaValley Chair Fran Volkmann called the meeting to order at 7:00 pm. Public Comment Jackie Duda, State Hospital Fountain Committee. Jackie stated that the Committee submitted an eligibility form in a previous round, but the project’s scope is changing. The Committee indicated that an eligibility form should be re- submitted if the project is different. Jackie described the fountain, noting that a foundry expert came to look at it, and it appears restorable. The Committee would like to create informational kiosks as well, and asked if an application should be just for fountain restoration, include other parts of the project. David suggested that one large application might be best. Fran suggested that the allowable use tables would be helpful to look at. The Committee discussed matching funds, fountain storage, utility fees, noting that matching funds are useful to note in the application, and storage of the fountain. Jackie asked if formal bids would be required. The Committee noted that the project isn’t a City- sponsored project, so that would not be needed. Chair’s Report Fran informed the Committee that 15 eligibility sheets were received, and read the project names. Fran noted that there are two eligibility sheets that she and Sarah had questions about upon initial review, and provided these to the Committee. Forbes Library Handicap Access: The eligibility form describes a project to remove the existing handicap entrance and replace it with a new entrance that fits better with the building’s historical character. David voiced his support for the project, as it will help restore a more historically accurate appearance. Don suggested that an initial determination of eligibility could be made, and then it can be examined more closely during the application stage. David moved to deem the Forbes application eligible, seconded by Don. The motion carried unanimously. Meadowbrook Apartments: The eligibility form lists several tasks, including sidewalk repair, re- grading of paths, tree removal and drainage improvements. Don noted that neither rehab nor maintenance is an acceptable use under the CPA, and that only preservation of the housing itself would be eligible. Sarah stated that ADA improvements are eligible under the CPA, but the Committee noted that the described activities appear to be landscaping. Don suggested that the applicant be told that they may apply for funding for repairs to the structure of the buildings for something that is threatening their integrity, but it is generally ineligible. The Committee discussed the project, and noted that housing funds would only be available for the project if they were used to protect the building from harm or destruction, not to benefit the residents. Joe moved to declare the project ineligible, seconded by Katharine, the motion carried, 6-1. Minutes, July 21, 2010 The minutes were approved as presented. Northampton Community Preservation Committee Minutes 1 August 18, 2010 Financial Update Sarah presented the CPA financial forecast, noting that there is approximately $823,000 available in the budgeted reserve and set-aside accounts for project spending at the current round. 7:30 – Public Hearing, Draft 2010-2011 Community Preservation Plan Fran opened the public hearing, and asked for public comment. Rebecca Muller asked what changed had been made from the previous plan, and Fran summarized the changes and amendments. The Committee was asked if the Plan revision is online. It is. There were no further public comments, and the public hearing was closed. Brian presented some suggested amendments to correct wording and clear ambiguities, as well as a small re-write to the Open Space section that emphasized importance to plants and animals as well as people. Brian’s changes were all incorporated into the Plan. Don asked for confirmation that the changes discussed at the last meeting were incorporated into the Plan. Sarah indicated that all suggestions agreed upon by the Committee were made, as well as a final edit of the layout, and the addition of Wayne’s suggestions sent via email. David moved to accept the Plan as presented, seconded by Tom. Committee members will review the Plan to see if anything has been unintentionally omitted, and those changes can still be made if needed. The motion carried unanimously. Q&A for Project Applicants Rebecca Muller, Board of Friends of Hampshire County Homeless Individuals, asked if it is correct to assume that the application should follow the new 2010-2011 guidelines. The Committee agreed that applications should reflect the Plan and application updates. Rebecca asked how the Committee decides on funding levels, and if funding amounts less than requested are ever awarded. Fran replied that this does sometimes happen, but applicants are encouraged to apply for what they need. Rebecca indicated that another funding source might be available for the project, but both applications and funding timings are simultaneous. David stated that it is an asset for applicants to demonstrate involvement of stakeholders and community groups. Rebecca asked if this means community acceptance, or demonstration of an outreach process. Fran noted the latter, adding that purchase of a home for affordable purposes often can’t be made fully public during the process. Conservation Restrictions Fran provided an overview of some current disagreement surrounding whether CPA-funded open space projects are required to be protected by CR’s, and whether purchases made in the past should also have CR’s. At a presentation about CR’s at a previous Planning Director Wayne Feiden indicated that not all of the properties acquired with CPA funds have CRs. Following that, the Community Preservation Coalition newsletter indicated that CR’s must be placed on all CPA funded purchases, and referenced documents produced by EOEEA. A bulletin issued by DOR in 2007 indicated that CR’s were not required to be placed on CPA funded open space purchases, and staff had been following this guidance. Many City-owned properties do have CR’s held by other groups, including the Broad Brook Coalition. Since an updated DOR CPA guideline has not been released to clarify what should be done both going forward and retroactively, there is now some confusion regarding CPA-funded open space protection. The Northampton Planning Department believes that an Article 97 issue may arise if CR’s are placed on City-owned land without a vote of the state legislature. The Committee agreed that CR’s will be placed on all CPA purchases going forward, and discussed options for CR’s for past purchases from the conservation fund. Sarah noted that some expenditures were very small on a per-project basis. The Committee agreed that it is appropriate to have CR’s on CPA funded open space protection efforts. A discussion was held regarding what types of groups can and do hold CR’s, including potential difficulty in locating CR holders for some City-owned land. The Committee discussed several different options for resolving the issue, and agreed that staff can pursue solutions that make sense. Don moved that the CPC request the Conservation Commission to comply with EOEEA’s opinion that all CPA-funded open space purchases must have CR’s or APR’s held by a third party. This includes all past purchases and those still to be made. This is also in concurrence with the CPC’s Northampton Community Preservation Committee Minutes 2 August 18, 2010 opinion that CPA funded open space purchases must have the strongest possible level of protection - CR’s or APR’s held by a third party. The CPC requests the Conservation Commission to present an implementation plan by December 1, 2010. Compliance with this request should be targeted for June 30, 2011. In recognition of the work involved, the CPC will consider allocating administrative funds to achieve this purpose. The motion was seconded by Katharine, and carried unanimously. Other Business The Committee agreed that the September 1 meeting is not required, and Sarah can answer applicant questions. Sarah will email applicants. Don moved to cancel this meeting, seconded by David. The motion carried unanimously. Adjournment The meeting adjourned at 9:30. Northampton Community Preservation Committee Minutes 3 August 18, 2010