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2013-02-21CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: RECORDER: The meeting begins at 6:30 p.m. Ad -Hoc Community Preservation Ordinance Committee February 21, 2013 City Hall, Third Floor Conference Room B Chair Wendy Pearl, Marilyn McCrory, Shawn Mahoney, Peter von Zweck, Matt St. Hilaire, Lincoln Williams Heather Richter, Robert Buchsbaum and Cathryn Keefe O'Hare Environmental Planner Gelineau Amy Maxner Amy Maxner, City Solicitor Roy Pearl states that the focus of tonight's meeting is to review the revisions to the draft ordinance, starting with Section (a), which is establishment and is standard language. She moves on to Section (b) that speaks to the membership composition of the CPC, noting that it needs to be clarified as to the Housing Authority versus its Board of Directors making appointments. Members agree to leave it as the Authority. Von Zweck notes its still needs to be determined whether the Open Space Committee should have a seat. Pearl notes that can be voted on once the ninth member arrives. Maxner notes that the Historic District Commission has been substituted for the Planning Board relative to the initial 3 -year term. Pearl notes that Section (b) (ii) was discussed at length at the last meeting and asks if members feel this encompasses the general consensus. McCrory states that she believes it reflects the Committee's desire to be inclusive but it still provides some level of guidance to the Council for consideration in appointments. McCrory notes that the word "and" should be substituted with "or" in describing the desired skills /interests. Members agree to this change. Lengthy discussion ensues relative to Section (b) (iii) that describes Ward representation. Mahoney asks if the number of Wards would ever change and should it be changed to "all Wards" as opposed to a specific number of Wards. Buchsbaum arrives. Gelineau states he had been present for the discussion at the last meeting but has some concerns about this section, noting that there are only four at -large seats for six Wards, and this may render some people ineligible to serve if that person's Ward is already represented. Pearl notes that this was meant to take into account the five seats already prescribed by statute to make sure that one Ward was not overly represented. Buchsbaum notes that he reads this was meant to be a recommendation as opposed to a hard fast rule. Williams states he recognizes Gelineau's point and in order to make sure that all parts of the City are represented he suggests that language be changed to say that all "geographic areas of the City" be fairly represented. Discussion ensues as to possible phraseology for this section, with Gelineau offering to draft language as the discussion moves on. Community Preservation Ordinance Committee 02 -21 -13 Meeting Minutes Page I of 3 O'Hare arrives. Mahoney asks what would be the worst consequence if this section is taken out. Williams notes potentially a particular neighborhood or project could receive an unbalanced support if membership is skewed. Pearl notes that if it is this Committee's intent to make sure all Wards are represented then that should be clearly spelled out. Richter states her belief that the initial CPC should be most representative of the City. Discussion ensues as to the five statutory seats may not worry about which designee is from which Ward, with Pearl noting that those members willing to serve should not be passed over by reason of Ward representation and it is really the four at -large seats that would strive to balance that issue. McCrory notes that Ward 1 Councilor Maureen Troubetaris had voiced the importance of Ward representation, and it is addressed in the Gloucester ordinance. Gelineau reads off possible language, which is reviewed and discussed. After further discussion, members agree with the following language "If possible, committee membership as a whole should be drawn from all Wards ". The remaining citations in Section (b) are discussed as to time frames for appointments relative to when this Ordinance will come into effect, as well as potential problems that could be encountered if a member resigns mid -term of his /her appointment. Members agree to add a clause in (vii) that provides the Mayor the ability to appoint (within an additional 45 days) in the City Council's stead should the Council fail to do so. An additional clause that requires vacancies be publicly posted to avoid the appearance that appointments are not fairly considered. Von Zweck excuses himself from the meeting for the evening. It is agreed that the vote for the Open Space seat will be considered at the next meeting. Pearl notes that the Duties Section (c) is next, noting that a lot of the language here is from the model bylaw. Discussion ensues as to a Community Preservation Plan relative to when the plan should be completed and how often it should be updated and if a public hearing is needed on a yearly basis as part of the update. Buchsbaum notes that a yearly update would be cumbersome, but leaving it as a periodic update would make it difficult to ensure it gets done. Mahoney asks which boards in the City prepare plans now and how often. Buchsbaum explains the Open Space Committee updates their plan every five years and that can take some time and that deadline is not always met. Discussion ensues as to using CPA funds to pay for a consultant to aid in developing the plan. Pearl notes that the update would revolve around project list as opposed to the main body of the plan. Maxner notes that she has reviewed a few of the CPA Plans of other communities noting that some are very extensive and some only a couple pages listing criteria for guiding project evaluation. Pearl notes that she would not want to see a delay in project review and approval in favor of developing a plan and deferring the public benefit waiting for a plan. Discussion ensues as to possible alternatives to a voluminous plan that could allow the CPC to start its project review as well as establishing a specific date when the document should be complete, with some members suggesting October of 2014 as a deadline. Richter finds that 18 -month timeframe to be excessive and she thinks that it should and could be done much quicker than that. McCrory notes that as she reads the statute and model bylaw does not contain the requirement for preparation of a plan, and wonders if that even needs to be included in this ordinance. Williams suggests that the CPC should be allowed to determine its schedule for the Community Preservation Ordinance Committee 02 -21 -13 Meeting Minutes Page 2 of 3 plan, but that the ordinance should require that a plan be prepared. Members review the statute and bylaws. Gelineau notes that the next section speaks to what the CPC shall provide by way of recommendations on all of the project categories to the Council and he is not sure whether this constitutes a plan or not. He explains that the plan would be something that the CPC needs to present to the City Council for approval, which the Council could adopt or not. After some additional discussion, members agree to strike "and shall prepare a Community Preservation Plan" and replace it with "shall develop and publish community preservation guidelines no later than October ? ?, 2014 ". Members move on to review sections (ii), (iii) and (iv). Brief discussion ensues relative to language in section (ii) that recommends community housing be sited in existing buildings or on previously developed parcels, with Pearl noting this strives to avoid encroaching onto open space. Richter notes that it also seeks to redevelop brownfields. The remaining sections are reviewed without further amendments. In the interest of time, members agree to stop reviewing the draft at this point and pick up the remaining section at a future meeting. Maxner asks that the Committee review the minutes of the past two meetings for approval. Members review the amended January 24, 2013 meeting minutes. Members are fine with the changes. McCrory moves to accept the minutes as amended. Seconded by O'Hare. Motion carries. Members review the draft February 7, 2013 meeting minutes and offer suggestions for amendments. McCrory moves to accept the minutes as amended. Seconded by Williams. Motion carries. Members agree to schedule the next meeting for Thursday, March 7, 2013 at 6:30 p.m. here in City Hall. There being no other business, St. Hilaire moves to adjourn the meeting, seconded by Mahoney. The motion carries 8 -0. The meeting adjourned at 8:25 p.m. Community Preservation Ordinance Committee 02 -21 -13 Meeting Minutes Page 3 of 3