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CPC Minutes.11.19.2020-FINAL-APPROVEDCITY OF BEVERLY PUBLIC MEETING MINUTES COMMITTEE /COMMISSION: SUBCOMMITTEE DATE: LOCATION: MEMBERS PRESENT: Community Preservation Committee November 19, 2020 Google Meet Virtual Meeting Chair - Heather Richter, Vice Chair - Derek Beckwith, John Hall, Christy Edwards, Thomas Bussone, Robert Buchsbaum, Nancy Marino, Marilyn McCrory, Wendy Pearl. MEMBERS ABSENT: OTHERS PRESENT: Denise Deschamps - Economic Development Planner, Planning Department, acting as Committee staff Jodi Byrne - Recording Secretary 1) Call to Order Chair Heather Richter calls the November 19, 2020 meeting of the Beverly Community Preservation Committee to order at 7:00 p.m. She reads an abbreviated version of the following: Pursuant to Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor's March 23, 2020 Order imposing strict limitation on the number of people that may gather in one place, this meeting of the Beverly Community Preservation Committee will be conducted via remote participation to the greatest extent possible. No in- person attendance of members of the public will be available, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the City's website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. Applicants and /or representatives required to appear before the Beverly Community Preservation Committee must make arrangements to present remotely as there is not a physical meeting location. Documentary exhibits and /or visual presentations must be submitted 3 business days in advance of the meeting to Denise Deschamps via email at ddeschamps @beverlyma.gov. If you wish to have a comment and /or question read during the meeting please submit them to Denise Deschamps at ddeschamps @beverlyma.gov. Chair Richter says that anyone who would like a copy of documents from tonight's meeting may contact Denise Deschamps. She states that all votes will be taken in a formal roll call vote. Denise Deschamps takes a formal attendance roll call: Chair Heather Richter, Vice Chair Derek Beckwith, Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino, Marilyn McCrory, and Wendy Pearl. All members are present. Guests include: Jim O'Brien, Tom Ellis, Gerry Sullivan, Bryant Ayles, Mayor Michael Cahill 2) Mayor Michael P. Cahill to Discuss CPA Out -of -Cycle Requests and Comprehensive View and Plan of Various Needs of the City Going Forward Mayor Cahill speaks to the topic of out -of -cycle requests and says that the City is mindful that it should go through the regular application process to request project funding except for special circumstances such as purchasing parcels of open space or in the case of other projects when an opportunity may arise unexpectedly. He also says that he acknowledges that there are more needs than can be funded including historic, affordable housing, and open space. Mayor Cahill says there is much undeveloped and unprotected land that often isn't recognized as vulnerable to future development. Sometimes people assume it is protected in some way. In review of the funding categories for CPA, he says there is great need and wants to determine how to be most strategic in bonding opportunities and other ways to do business. He looks forward to a future CPC agenda to speak on how to formalize planning together. Mayor Cahill says the City is careful in selecting projects that will bring great gain to the residents of the city. Derek Beckwith says that affordable housing is a priority and asks if there are more affordable housing developments in need of funding anticipated in this fiscal year. Mayor Cahill answers that there are none currently on the drawing board, but that more will develop in the future. Chair Richter thanks Mayor Cahill for his support with the CPC's Affordable Housing Initiative. 3) Review and Acceptance of Minutes from October 8, 2020 and November 12, 2020 The minutes from October 8, 2020 are discussed and amended. Marilyn McCrory motions to approve the October 8, 2020 minutes as amended. Derek Beckwith seconds the motion. Denise Deschamps takes a formal roll call vote: Chair Heather Richter, Vice Chair Derek Beckwith, Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino, Marilyn McCrory, and Wendy Pearl. (The motion passes 9 -0). The minutes from November 12, 2020 are discussed and amended. John Hall motions to approve the November 12, 2020 minutes as amended. Marilyn McCrory seconds the motion. Denise Deschamps takes a formal roll call vote: Chair Heather Richter, Vice Chair Derek Beckwith, Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino, Marilyn McCrory, and Wendy Pearl. (The motion passes 9 -0). 4) MOU Extension Requests: a) Beverly Golf and Tennis Clubhouse analysis Denise Deschamps introduces Mike Collins, Commissioner of Public Services and Engineering, F to speak on behalf of this project. Collins thanks the Committee for approving the prior extension. Tom Ellis, Project Manager for CBREMEERY introduces Gerry Sullivan as the architect for this project. Ellis says that Sullivan's firm has experience in working with Beverly, and that they have assembled a design team who has determined the overall goals of the project. These goals include restoring the structure to a period- correct time frame and for the structure to be used as an economically sustainable building. Sullivan says they will work in accordance with the MOU to achieve these goals. City Economic Planner Denise Deschamps projects a graphic of the project's milestones provided by Ellis. Sullivan reviews the project's schedule which marks Friday March 12 as its packet submission date including a mid - design update (for the CPC), and an October 1 date to go to bid (following the completion of the design documents). Wendy Pearl suggests that their meeting with the CPC take place after the regular meeting of the HDC so that all information will be understood and consistent with the Secretary of Interior's Standards, and Sullivan says that he will properly coordinate this. Marilyn McCrory confirms that the current extension expires on 12/31/2020, and that they are looking to extend until October 1, 2021. Pearl asks if the budget approved by the CPC is still accurate, and Collins says they are working with the assumption that the approved budget is appropriate. Pearl confirms that this refers to the design budget. Thomas Bussone motions to grant the extension of the MOU for the Beverly Golf and Tennis Club until the end of October 2021. Wendy Pearl seconds the motion. Denise Deschamps takes a formal roll call vote: Chair Heather Richter, Vice Chair Derek Beckwith, Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino, Marilyn McCrory, and Wendy Pearl. (The motion passes 9 -0). b) Cabot Housing (245 Cabot Street) Denise Deshamps says that an MOU extension has been requested by the YMCA until November 30, 2020. Marilyn McCrory suggests an extension until the end of the year. Marilyn McCrory motions to extend the MOU for Cabot Housing until December 31, 2020. Nancy Marino seconds the motion. Denise Deschamps takes a formal roll call vote: Chair Heather Richter, Vice Chair Derek Beckwith, Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino, Marilyn McCrory, and Wendy Pearl. (The motion passes 9- 0). c) Green's Hill Trail Denise Deschamps states that the City is asking for a one year extension. Marilyn McCrory says that an agreement had been reached with the abutter regarding the entrance, and that now the city 3 is waiting for city services to have the time to complete what is still needed there. Deschamps says that City Planner Darlene Wynne confirms that there is no additional legal work required on the part of the city and the City is requesting a one year extension but it does not specify from what date. Buchsbaum asks if they can vote on an extension for an MOU that has already expired. Bussone says that because it expired almost a year ago, they should have to re- apply. Pearl says there is no agreement to extend. Deschamps says it is the same project. Pearl says they should update the schedule, showing the CPC how much time is needed. McCrory says that the City should identify a project manager and that it might be good to have an update at the next meeting as to who is managing the project. Deschamps recommends that this item be tabled until they come back with an updated budget, schedule, and information on who will be managing the project. McCrory says Deschamps could draft a revised MOU and discuss with the new project manager, then add this to an agenda for the next meeting of the CPC. Robert Buchsbaum says that he has a concern an extension when the project is almost a year out of date. McCrory says it may be good to get the date that the project MOU did expire, and Deschamps says that she remembers Aaron Clausen providing a review of the project to initiate an MOU extension and that the MOU extension was never executed. Deschamps says that the delay may be on her end as she cannot recall next steps other than this. McCrory suggests that Deschamps get some history on this and then the CPC can decide at the next meeting on the best action. Pearl suggests updates and to see if any disbursements have been made without an active agreement. Deschamps says disbursements have not been made for a long period. It is decided to get an update at the next meeting from the project manager. Vice Chair Derek Beckwith reviews past minutes (Nov. 2019) where it was decided to extend the MOU to June 30, 2020. Buchsbaum says it is still not clear from which date to extend for one year. Chair Richter determines to make this an agenda item for the December meeting of the CPC. 5) CPA Budget: Director of Municipal Finance Bryant Ayles is present. Marilyn McCrory notes a negative balance in the FY20 actual under miscellaneous (page 1). Ayles says that sometimes there are revenues recognized in a given year, and then in a subsequent year someone can file an abatement that is then credited in that year with a result as a negative to the fund balance. He says that abatements can occur multiple years down the road from when they are filed. McCrory asks about the GAR Hall from round 4, noting that the project was completed under budget, yet this budget report does not show actual money spent. Ayles says that this budget sheet is worked on continuously by multiple people, and that if anything else needs amended to El please let him know. Wendy Pearl says the state match was more than expected and asks how this should be reported. Ayles says once the tax rate is set, it is locked in. He says that while the CPC doesn't lose that money, when books are closed, the excess revenue closes out to the fund balance and gets split according to the 10% restrictions, going into the reserved fund balance. He says that the only downside of not having it built into the budget this year is that it cannot be accessed for 6 months. Ayles says that if the CPC needs these funds within the next 6 months, they could meet with the city council before the tax rate is set. Richter asks if the extra funds are on this spreadsheet, and Ayles says they aren't because they are not legally accessible until July 1, 2021 unless they put forth a budget amendment to the city council within the next few weeks. Finance Director Ayles says that there were additional funds in 2020 that had not been budgeted that had to be split by the 10% allocations, particularly in historic and affordable housing. The report shows allowable funds to allocate at 1.2 million. Pearl confirms that this balance accounts for 700k going to Briscoe and funds going to the Gruppe mural. The bottom of the general fund is $481,192. (a) Discussion of CPA fund from which annual bond payments for Camp Paradise acquisition should be taken Finance Director Ayles says that in the payment of bonding for Camp Paradise, he would like to look at the original appropriation of funds as that is what they are bound to by law. He asks that this be determined so he knows how to properly budget. McCrory says the Committee has been able to vote each year as to how to fund this bonding and asks Ayles to inform them if there are specific parameters they need to know. Wendy Pearl says that when the CPC approves their budget, they vote and make this appropriation. She also asks if the Congress Street Project is still on books and if that $25k is still available. (b) Review of CPA funds currently available to fund Beverly proiects Christy Edwards says that it is valuable to weigh what has been funded against what has been used as there are monies being held for projects that no longer are in the works. She notes the importance of an accurate account of what is available as the pre -apps will exceed available funds. Ayles says that a review would be helpful and to know what projects are closed or outstanding so they can release any underages to the fund balance. 6) CPA Funding Round 8: Review of pre - applications received to determine eligibility for fundin 1. 0 Folger Avenue - Open space acquisition Marlyn McCrory reports that this applicant has come before the CPC in the past. She says that the Open Space Committee is interested in seeing this property taken off the market as it is 5 vulnerable, and that the applicant needs a conservation buyer. She says that this pre - application is not eligible because the applicant needs the city or a conservation trust to become the owner of the property. It is noted that the applicant is the owner of the property and may be a co -owner with other family members. There is a discussion on the eligibility of this project. Edwards stresses the importance of being consistent with past decisions. Pearl says that as an activity this is eligible, and giving the applicant feedback on who she needs to buy the property is good council. McCrory says that bonding is an option for purchasing open space. Pearl notes the challenge in that the Mayor is not in favor of this purchase. Buchsbaum says the land trust could step in, so that it is not off of the table. He says that he would be in favor of eligibility. Beckwith notes that the application reports that the CPC would be the buyer of the parcel, and that this makes the application not eligible. Thomas Bussone says this idea of open space does qualify as a pre - application, and if the applicant finds a valid buyer it would be acceptable. He suggests that the CPC vote that the pre - application is eligible with the caveat that someone will have to work with the applicant. Robert Buchsbaum motions that 0 Folger Avenue - Open space acquisition is eligible with the need to have a conservation buyer that is not the CPC, nor will be found by the CPC. Robert Buchsbaum amends the motion adding that it is eligible in the category of open space acquisition. Marilyn McCory seconds the amended motion. Derek Beckwith says that it seems fruitless to have someone submit a full application if nothing has changed since their last application. McCrory says that this is eligible as an idea and that it is up to the applicant if they want to put in a full application. Beckwith says that they can vote on eligibility, and then include a letter with the caveats listed. John Hall and Chair Richter agree, although Richter does not feel this application is eligible. Denise Deschamps takes a formal roll call vote: Chair Heather Richter, Vice Chair Derek Beckwith, Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino, Marilyn McCrory, and Wendy Pearl. (The motion passes 6 -3) with Chair Richter, Derek Beckwith, and John Hall voting no. The following caveats are agreed upon and will need to be explained to the applicant: 1. Clarification of ownership 2. Clarification that the CPC is not purchasing the property but could award funds to the purchaser 3. Identification of the purchaser 4. Correction to the application showing acquisition under open space. 2. 10 Greene Street - Open Space Acquisition C. Christy Edwards motions that the application is determined eligible in the category of open space in the area of acquisition. Derek Beckwith seconds the motion. Denise Deschamps takes a formal roll call vote with each Committee member voting yes: Chair Heather Richter, Vice Chair Derek Beckwith, Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino, Marilyn McCrory, and Wendy Pearl. (The motion passes 9 -0). 3. Beverly Farms Consortium - 668 Hale Street Restoration Chair Richter says that she has concerns that this property is owned by the Archdiocese and that there are no explanations of the programming. Nancy Marino says she agrees with Richter, and wants to know if the structure would be open to all groups wanting to rent or use this space. Derek Beckwith shares these concerns and says that the copy of the pre - application is not complete. He says that the request is for a huge amount of money that would ultimately pay for the repair of a privately owned building so that the owner can then rent it. Wendy Pearl checked the MA Secretary of State's website and notes that the applicant does not appear to be a charitable organization at this time. Marilyn McCrory shares the concerns already expressed and adds that the CPA is not intended to fill in the gaps of maintenance and neglect. Christy Edwards confirms that the HDC has determined that the property has historical significance. Marino asks how they would place a preservation restriction with the owner being the Archdiocese of Boston, and Pearl says a restriction is only required if it is an acquisition. Beckwith says that the applicants are not the owners of the property, and Marino questions the application's statement that any extra funds would be donated to the church. Thomas Bussone says there is no nexus between the applicant and the owner. McCrory notes a letter that states that the Beverly Farms Consortium would have a rental lease agreement, so perhaps there is an intent, but not an actual arrangement with the owner. She says that the CPC must determine on what basis this is not eligible. Marino says the applicant is not the owner and there is no viable connection between the two. She adds that there is no stated site control, a named project manager, and no evidence of fundraising. Wendy Pearl suggests tabling this application for tonight, while seeking legal counsel as they could be breaking the law to allow public funds to be used for a private use. Bussone asks if they can give aid to a church, and Pearl says that public funds for private use is a legal issue. She also mentions the Anti Aid amendment. Beckwith refers to the difference between this application and the Cabot application as it was not a third party who applied. Hall asks about a past application that was approved for an elevator in a church, noting that the changed scope was later denied. Pearl references the Acton lawsuit. Buchsbaum says that money can be spent on a church if the funds benefit the public and not just religious activities. Peal notes the specifics of the rehabilitation category. Beckwith motions to table this application until the next meeting. All are in agreement. 7 4. Beverly Farms Gardens Irrigation Supply Derek Beckwith provides a brief history of this garden, noting that the applicant has permission from MassDOT to work on this garden although he is not a formal nonprofit. Beckwith says the applicant wants to put in an on -site well to irrigate the garden and that he may be willing to organize as part of an MOU so that an entity would receive the grant instead of an individual. Christy Edwards asks if this is recreational land under the definition of a community garden, and it is noted that the land is a MassDOT traffic island. McCrory agrees that it is a worthy endeavor, but says she is not sure it is eligible for CPA funding. Beckwith says that the property is owned by the state and that it has given the applicant the use for a community garden. Buchsbaum says it does not fit in the recreation category. Beckwith reports that the applicant works with various schools and students. Bussone says there would have to be an agreement between the applicant and MassDOT for the use of the land. Pearl notes that this land is not protected as open space or recreational land so that it does not qualify. She says that while the project is not eligible, it is an appreciated garden. Wendy Pearl motions that the Beverly Farms Community Garden project is not eligible for CPA funds as the land is not eligible in open space or as recreational land. Robert Buchsbaum seconds the motion. Denise Deschamps takes a formal roll call vote. The motion passes 7 -2 with Beckwith and Marino voting "no". There are seven more projects and Chair Richter asks if the CPC could schedule a special meeting to complete review of the other projects. Tuesday November 24, 2020 at 7pm is scheduled to review the remaining applications. Bussone requests an update on the tabled application prior to the special meeting. Pearl also suggests that they have access to the Community Preservation Coalition in regard to the funding of religious properties, and Deschamps says she will work on this and reach out to the City Solicitor's office for guidance. 9) Adiourn Thomas Bussone motions to adjourn the meeting. Nancy Marino seconds the motion. Denise Deschamps takes a formal roll call vote: Chair Heather Richter, Vice Chair Derek Beckwith, Robert Buchsbaum, Tom Bussone, Christy Edwards, John Hall, Nancy Marino, Marilyn McCrory, and Wendy Pearl. (The motion passes 9 -0). The meeting is adjourned at 9:27 pm. E:7