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Agenda and Minutes 2012-03-07 City of Northampton Community Preservation Committee 210 Main Street, City Hall Northampton, MA 01060 Community Preservation Committee DATE: Wednesday, March 7, 2012 TIME: 7:30pm PLACE: City Council Chambers, 212 Main Street (BEHIND City Hall) Contact: Katharine Baker, Chair, Community Preservation Committee bakerkg@comcast.net Sarah LaValley, Community Preservation Planner slavalley@northamptonma.gov (413) 587-1263 Agenda  7:30 - Public Comment  7:35 - Chair’s Report  7:40 - Minutes  February 15, 2012  7:45 – Expedited Application Review – Academy of Music  8:30 –Review Site Visit Schedule for Round 1 applications, Saturday March 10  8:40 – Other business not foreseen when agenda was prepared  8:45 – Adjourn For additional information please refer to the Community Preservation Committee website: http://www.northamptonma.gov/cpc/ Next Meeting: March 21, 2012 Community Preservation Committee Minutes March 7, 2012 Time: 7:30 pm Place: City Council Chambers, 212 Main Street Members Present: Katharine Baker, Jim Durfer, Downey Meyer, David Drake, Marlene Morin, Brian Adams, Dave Rothstein Staff Present: Sarah LaValley Katharine called the meeting to order at 7:32 PM. Public Comment There was no public comment. Chair’s Report Katharine informed the CPC that a videotaped Open Meeting Law presentation from 2011 in Northampton is available online. Sarah will provide the link, and Committee members can follow-up with questions. Minutes – February 15, 2012 Downey moved to approve the minutes with minor corrections, seconded by Jim. The motion carried unanimously. Expedited Application Review – Academy of Music Debra J’Anthony provided an overview of the application. It was submitted to make the project shovel-ready to be a more competitive submittal to the Mass Cultural Facilities Fund grant program. The design services completed if CPA funds are awarded will allow the Academy to begin pre-construction work in advance of the June Cultural Facilities grant announcement, to allow the project to go out to bid immediately after that. The previous Cultural Facilities fund application was not funded, but the Academy was asked to re-apply with more design work completed. The Committee discussed procurement. Andrew Crystal, Academy Board of Directors, noted that payments to individual contractors for this part of the project will be less than $25,000, so will not trigger the highest procurement levels. Katharine provided an overview of the expedited review process. Dave asked about the basis for the $25,000 budget given that it seemed inconsistent with the estimated costs in the original proposal. Andrew stated that a structural engineer may be needed for design, depending on what will be required for the roof. He also stated that Northampton Central Services has recommended that a new roof be provided, and that NCS would not continue to patch the roof as it had done in the past. Andrew also stated that it is possible that not all of the $25,ooo might be needed; it is possible that the design wok might cost less, in which case the excess would not be charged to the CPA accounts. When asked about the Academy’s ability to secure the funds elsewhere, Andrew indicated that there were no other sources of funds. Dave asked about the condition of the roof and whether leaks posed a safety hazard. Debra indicated that when it leaks, water appears on the stage making it dangerous for performers, and also water leaks near the electrical supply. Brian moved to recommend that up to $25,000 be appropriated for architectural and engineering services for the Academy of Music. Seconded by David. Discussion: Downey added that the award should be clear that this amount will be deducted from the rou2 2 2011 grant, as previously discussed. Dave suggested that the award seems more like a feasibility study than a grant for new work, and this would be a very large award for a feasibility study. Andrew indicated that the design work is a prerequisite to getting the roof fixed, regardless of who funds the repair work. He stated that because ad-hoc patching is no longer an option, the $25,000 was essential for the first step in roof repair. Northampton Community Preservation Committee Minutes 1 March 7, 2012 Andrew stated that the Academy has been trying to leverage CPA funds with money from other sources, which will be possible with this grant if the Cultural Facilities Funds are awarded. The motion carried, 6-1. Immediately after securing a positive vote on its $25,000 request, Andrew Crystal stated that the Academy was unable to sign the the contract for the Round 2 2011 grant. As approved by the CPC, it requires that matching funds from all other sources be secured prior to any CPA payments being made. Andrew stated that the Academy had planned to use some CPA funds on the project prior to fundraising, so will not be able to execute the contract committing it to wait until fundraising or other funds (grants or loans) became available. The CPC reviewed the contract as approved at the January 18 meeting, which required that “Prior to any payments, the Grantee shall demonstrate that it has secured the $306,935 in funding from other sources needed to complete the project.” Downey noted that this amount was determined by subtracting the $275,000 CPA award from the total $581,935 budget shown in the application. The CPC’s biggest concern was that the entire project as proposed in the application be completed, and this condition ensured that the entire budget for the work would be secured. Andrew stated that the Academy does not feel it will be successful if all fundraising and grants must be secured prior to release of any CPA funds. It is possible that the scope of the project, as well as the project budget, could be reduced while still allowing the full project to be completed, for example by using fewer colors or less expensive seats. However, the way the contract is written that would not be possible. Andrew added that the City is obligated to maintain the theater if the Academy is no longer able to do so. Downey noted that the City would need to conduct essential repairs, but would not conduct historic rehabilitation. Katharine asked, for clarification, whether the Academy is requesting that the contract approved by the CPC be amended. Andrew stated that his understanding was that the Academy needed to secure only the Cultural Facilities Fund grant before CPA funds could be spent. Dave expressed disappointment and frustration that the Academy hadn’t alerted the CPC that it was unwilling to sign the contract before voting on the expedited request for $25,000. He also indicated that the information being discussed, including the ability of the Academy to secure loans and its intent regarding the timing of the project, would have been helpful in deciding the expedited application Dave asked about the possibility of postponing work for a year to allow for fundraising before commencing the project or seeking or applying for Cultural Facilities fund award. Andrew stated that the state grant may no longer be an option at that point, as funds received from the grant must be spent by fall 2012. Downey suggested that additional information about why a change to the contract is necessary is required. The CPC agreed that this additional information should be provided in writing prior to the next meeting. David noted that it is necessary that the CPC be a good steward of public funds, but the Committee should also take into account the past record of the grantee. He stated that he would be comfortable reducing the amount of the grant by $100,000, to the amount anticipated to be received from the Cultural Facilities Fund. Marlene moved to amend the previously approved contract to reduce the amount of matching funds required prior to release of CPA funds to $206,935. Seconded by David. Downey noted that the CPA application shows seat work being completed in 2013, which would not be possible if the Cultural Facilities grant required that funds be spent immediately, so more information about these requirements should be provided. Marlene withdrew her motion, and the CPC agreed that additional information will need to be provided prior to a contract amendment. Sarah presented a draft Council resolution for the $25,000 expedited recommendation. Downey moved to approve the resolution, seconded by Jim. The motion carried unanimously. Review Site Visit Schedule for Round 1 Applications, Saturday March 10 The Committee reviewed the site visit schedule. Northampton Community Preservation Committee Minutes 2 March 7, 2012 Other Business Not Foreseen When Agenda Was Published None Adjourn On a motion and second, with unanimous vote, the meeting was adjourned at 9:00PM Northampton Community Preservation Committee Minutes 3 March 7, 2012