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2014-02-20CITY OF BEVERLY PUBLIC MEETING MINUTES COMMITTEE OR COMMISSION: Community Preservation Committee SUBCOMMITTEE: DATE: February 20, 2014 LOCATION: Beverly City Hall, Third Floor Conference Room B MEMBERS PRESENT: Wendy Pearl — Chairperson, Robert Buchsbaum, Marilyn McCrory, John Thomson, Leland McDonough, Heather Richter, Lincoln Williams MEMBERS ABSENT: Henry Pizzo, Darien Crimmin OTHERS PRESENT: Amy Maxner, Environmental Planner RECORDER: Craig Schuster The meeting was called to order at 7:00 P.M. Pearl asks Maxner for any administrative updates. Maxner notes there is nothing to update except for receiving and organizing the pre - applications and the CPA Coalition's acknowledgment and thanks for the CPC's membership dues. Maxner then handed out pre - application spreadsheet to all members as reference during discussion of the pre- applications. Review of Eligibility Determination Pre - Applications Some of the Committee members stated their concerns that there might be a conflict of interest in voting for or against pre - applications from Committees and organizations they currently are involved. Thompson commented he contacted the State Ethics Commission about his situation and urged other Committee members to use this resource if they have any questions regarding conflict of interest. McCrory noted for the record that she is a member of two organizations that submitted pre - applications, but this would not affect her ability to remain impartial; she added that she also had obtained guidance from the Ethics Commission. Pearl stated she called regarding the duel representation of being on the CPC Committee and other Committees and was told it was the intent of the CPA statute to have that representation so there is no conflict of interest. Pearl stated the main purpose of the tonight's meeting is to discuss the pre - applications. Pearl suggested that the Committee discuss the Historical pre - applications last if they have time or if not enough time, wait until next Thursday's meeting because the Historic District Commission will be having a meeting the night before to discuss the submitted pre - applications. This way it will make the pre - applications easier to review without any conditional eligibility. Pearl asked what the procedure should be, review each pre - application or take them by groups by categories and then vote. Members agreed to review and vote on each pre - application individually. McDonough stated that the Committee should consider setting aside 5 % -10% of the CPC's budget in order to keep a reserve, as he does not want to see all the money committed to this funding cycle. Community Preservation Committee 02 -20 -14 Meeting Minutes Page I of 9 He also added that since this is the first time for the CPC, geographically he would like to see a commitment to spread the projects around the community. The Committee next went over the pre - applications. The following is a summary of the discussions and votes taken for each pre - application: Open Space Category Carmen Madore, End of Folur Avenue, Map 4 Lot 21, Acquire Open Space Parcel Maxner provided background information on this vacant lot. She stated it was the intent of the applicant to build something on the lot but Building Inspector Steve Frederickson has made a determination that the lot is not buildable. Therefore, the applicant is looking to sell the lot to the City. The applicant approached the Open Space & Recreation Committee to see if they had any interest in the lot. The OSRC would like to see this lot preserved but is not a high priority for the Committee at this time. There was discussion among the members that this project may not be eligible as Ms. Madore is selling and not acquiring, a buyer is not identified, and the pre - application is deficient in information relative to the proposed use of the site. Also, the applicant did not provide a budget with the application. Pearl asked members where they stand on the eligibility of this pre - application. Vote was taken with the following results: McCrory and Pearl in favor of determining this to be eligible for CPA funding.McDonugh, Williams, Thomson, Buchsbaum and Richter opposed. This pre - application is determined not eligible for CPA funding due to deficiencies in the application. Trustees of Reservations, Moraine Farm, Acquire 11.5 acres of open space Discussion ensues regarding the role the CPC should play in providing advice towards private non- profits submitting pre - applications. The issue is will the CPC be asking for some sort of ownership or public interest if the CPC is going to fund these types projects. The general consensus was yes there should be some public benefit tied to these types of applications, for instance providing public access. Thomson moved to accept pre - application submitted as eligible for CPA funding. Seconded by Buchsbaum. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory and Pearl in favor. None opposed. Community Housing Category Community Preservation Committee 02 -20 -14 Meeting Minutes Page 2 of 9 Beverly Housing Authority, 22 -24A Simon Street, Roof Replacement & Beverly Housing Authority, 105 Essex Street, Bld. 101, 103, & 105 -24, Roof Replacement There was a discussion about maintenance vs. preservation as defined by the CPA statute and how to apply it to the pre - applications. Maxner said she talked with Stuart Saginor on this issue. He said there are a limited number of things one can do to preserve community housing units and replacing roofs was one of them. Maxner then cited the Department of Housing and Community Development's Public Housing Notice of 2013 -2014 that lists acceptable improvements, which can be classified as preservation under the CPA law and therefore fundable. McDonough moved to approve the pre - application submitted as eligible for CPA funding. Seconded by Thomson. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory, Pearl in favor. None opposed. Harborlight Community Partners, 1 Monument Square Harborlight House, Property Acquisition, Building Preservation & Rehab/Restoration Thomson recused himself from the discussion and vote on this pre - application since he is a sitting Board member of the Community Partners organization.. Pearl stated that since the applicant is acquiring the property with CPA funds they could do the rehabilitation as well, so this project should be considered eligible. Williams moved to approve the pre - application submitted as eligible for CPA funding Seconded by Mcnough. McDonough, Williams, Buchsbaum, Richter, McCrory, Pearl in favor. None opposed. Habitat for Humanity, Gloucester Crossing Neighborhood, Acquire 1 to 2 lots and construct new affordable single family homes Pearl notes that this seems to be a very straightforward instance of creating new housing units. Members agree. McCrory moved to approve the pre - application submitted as eligible for CPA funding. Seconded by Williams. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory, Pearl in favor. None opposed. Recreation Category Beverly Main Street, Ellis Square, Re- design and Landscape Square Pearl clarified that this is not a re- design project but a park building /rehabilitation project — the pre - application is not clear. Community Preservation Committee 02 -20 -14 Meeting Minutes Page 3 of 9 There was a discussion among the Committee members if this improvement classifies as recreation (installing benches) and is it really a park or not. Buchsbaum and McCrory commented that this does not classify as a park keeping within what they consider a recreational area. Pearl commented that this is a park and that size or location does not matter. The members agree that the veteran's memorial monument is not eligible for CPA funding. Williams moved to approve the pre - application submitted as eligible for CPA funding Seconded by McDonough. The motion carries 5 -2. McDonough, Williams, Thomson, Richter and Pearl in favor. Buchsbaum and McCrory opposed. Avers School PTO, Greens Hill between Bridge Street & Woodland Road, Trail Enhancement & Create a Living Outdoor Learning Center There was a discussion on enhancement versus creation of recreational opportunity for this pre - application. Pearl commented that installing signs and a learning center (environmental education) do not meet the CPA law criteria for funding and this pre - application should be considered not eligible. Richter states that she believes parts of this proposal could be eligible if the description was more clearly written. Williams moved to determine this pre - application submitted as not eligible for CPA funding Seconded by Buchsbaum. The motion carries 6 -1. McDonough, Williams, Thomson, Buchsbaum, McCrory, and Pearl in favor. Richter opposed. Ryal Side Civic Association, Bridge & Elliot Streets, Shared Lane Markings for Bicycles There was a discussion among the Committee members if bicycle pavement markings on existing roadway pavement can be considered recreational. It was noted that this is not land for active or passive use; it is a road. Pearl commented that creating a safe lane for bicycles can be considered a recreational facility. McDonough moved to not to approve the pre - application submitted as eligible for CPC funding Seconded by Buchsbaum. McCrory stated the before the Committee votes that it should be careful about evaluating the strength of the project versus its eligibility. Her concern is the Committee might be setting precedent if other bicycle lane projects come before the Committee. To clarify this issue before taking a vote the members ask Maxner to contact Stuart Saginor at the CPA Coalition. At this point McDonough withdrew his earlier motion. Community Preservation Committee 02 -20 -14 Meeting Minutes Page 4 of 9 Buchsbaum moved to table this pre - application until additional information can be provided by the Coalition. Seconded by McCrory. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory and Pearl in favor. None opposed. Ryal Side Civic Association, Obear Park, Bath House Repairs There was a discussion among the Committee members if bathhouse repairs are eligible under CPA. Pearl noted that other communities had funded bathhouses under the CPA so there is precedent. Other comments made were installing new items in the bathhouse would be eligible; however, cosmetic type improvements would not be unless they were an extraordinary improvement. If historic box is checked, which this pre - application did, then there would be other requirements that the bath house would have to meet. Pearl notes that, as written, the pre - application can only come under recreation and not open space. Thomson commented that it is not perfectly clear according to CPA law if bathhouses are eligible. He questioned if these facilities are needed or not for an area to function as a recreational space. Pearl cautioned that the Committee should not make it a requirement the utter failure of assets to be eligible for funding. The Committee asked Maxner to consult with the CPA Coalition for clarification on this issue (restoring bath houses on recreational land). Williams moved to accept the pre - application submitted as eligible for CPA funding. Seconded by McDonough. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory, and Pearl. None opposed. Williams noted for the record that these votes for or against the pre - applications are preliminary and that the CPC has a right to revisit and re -vote on each pre - application if additional information obtained may change the previous vote. Members agree. Ryal Side Civic Association, Obear Park, Construct Pavilion Committee members discuss if this structure is eligible and whether it supports recreational use. Discussion ensues as to the interpretations of capital improvements and recreational land as defined under the CPA law and how to apply it to this pre - application. It was generally agreed by the Committee members that this pre - application should be considered eligible because the improvements to the pavilion make the park more functional. The Committee asked Maxner to consult with the Coalition for clarification on this issue. Thomson moved to approve the pre - application submitted as eligible for CPA funding. Community Preservation Committee 02 -20 -14 Meeting Minutes Page 5 of 9 Seconded by McDonough. The motion carries 6 -1. McDonough, Williams, Thomson, Buchsbaum, Richter and Pearl in favor. McCrory opposed. Beverly Parks & Recreation Department, 44 Cole Street, Girl's Scout Camp Paradise, Acquire 12 Acre Property for Park & Recreation Use Pearl questions whether CPA money can be used to purchase the building that is on the Camp Paradise land. Purchasing the land is clearly eligible but is the building? There was a discussion on the building as an encumbrance on the land, and it was unclear if the building could be separated from the land parcel. . Thomson notes his concern that because the building is on the land that it might prevent the CPC from purchasing the land. The Committee asked Maxner to inquire with the Coalition if an ineligible building sits on eligible land is there an issue with purchasing the land. Thomson moved to approve the pre - application submitted as eligible for CPA funding Seconded by Buchsbaum. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory, and Pearl in favor. None opposed. Beverly Parks & Recreation Department, Lynch Park, Replace Existing Play Structure & Install New Spray Park Pearl noted for the record that she has concern about the installation of the spray park since Lynch Park is an historic property. Thomson moved to approve the pre - application submitted as eligible for CPA funding Seconded by Buchsbaum. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory and Pearl in favor. None opposed Beverly Parks & Recreation Department, Lynch Park, Renovate Existing Bathrooms Thomson notes his concern that this pre - application does not meet CPA statute since this renovation is to an existing functional bathroom. A discussion followed on what the pre - application is stating if this is a renovation or new bathroom. It was noted that this renovation would make the bathrooms ADA compliant. Thomson moved to approve the pre - application submitted as eligible for CPA funding. Seconded by Buchsbaum. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory and Pearl in favor. None opposed. Beverly Parks & Recreation Department, Lynch Park/Dane Street Beach, Replace Existing Play Structure & Install New Spray Park Thomson moved to approve the pre - application submitted as eligible for CPA funding. Community Preservation Committee 02 -20 -14 Meeting Minutes Page 6 of 9 Seconded by Buchsbaum. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory and Pearl in favor. None opposed. Beverly Parks & Recreation Department, Lynch Park/Dane Street Beach, Renovate Existing Bathrooms There was a discussion on the applicability of CPA law relative to renovation of bathrooms. This pre - application does not appear to meet CPA criteria since it is just a renovation and not a capital improvement. However, a number of fixtures do not work so this could be considered eligible. The Committee was unclear on the applicability of CPA law to bathroom renovations. Williams moved to approve the pre - application submitted as eligible for CPA funding. Seconded by Buchsbaum. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory and Pearl in favor. None opposed. Beverly Parks & Recreation Department, Vittori Park, Add Playground Structure Thomson moved to approve the pre - application submitted as eligible for CPA funding. Seconded by Buchsbaum. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory and Pearl in favor. None opposed. Beverly Parks & Recreation Department, Oak Heights Playground, Replace Old Play Structure w /new ADA Compliant Structure Thomson moved to approve the pre - application submitted as eligible for CPA funding. Seconded by Buchsbaum. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory and Pearl in favor. None opposed. Beverly Parks & Recreation Department, Balch Playground, Replace Dammed Playground Equipment Pearl suggested that the CPC should recommend to the Parks and Recreation Department to install some security lighting in order to deter vandals from damaging playground equipment. Thomson moved to approve the pre - application submitted as eligible for CPC funding. Seconded by Williams. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory, Pearl in favor. None opposed. Beverly Parks & Recreation Department, Colgate Park, Replace & Enhance Old Playground Equipment Thomson moved to approve the pre - application submitted as eligible for CPC funding. Seconded by Buchsbaum. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory, and Pearl in favor. None opposed. Community Preservation Committee 02 -20 -14 Meeting Minutes Page 7 of 9 Beverly Parks & Recreation Department, Kimball - Haskell Park, Repair 2 Tennis Courts and Fencing There was a discussion if this project could be classified under a different CPA category in order to be eligible. It was generally agreed that the pre - application as submitted would not meet any of the CPA categories. Thomson moved not to approve the pre - application submitted eligible for CPC funding. Seconded by Williams. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory, Pearl in favor. None opposed. Beverly Parks & Recreation Department, Cahill Park, Repair Tennis Court and Fencing It was discussed and generally agreed by the board members that the repairing of tennis courts and fencing is not eligible under the CPA Law. Thomson moved not to approve the pre - application submitted as eligible for CPC funding. Seconded by Williams. McDonough, Williams, Thomson, Buchsbaum, Richter, McCrory, and Pearl in favor. None opposed. At this point it was agreed by all Committee members to put off the Historic pre - applications discussion until next week's meeting. Emergency /Special Proiect Circumstances Situations There was a discussion among the Committee members on determining procedures to handle special /emergency projects that come up which cannot be approved through the normal approval process. Some concerns were - what defines emergency /special project, should there be a different application, who to contact first, should there be a special meeting of the Committee to approve or should it wait until the next regularly scheduled Committee meeting. Maxner researched Gloucester and Concord CPC's and how they dealt with emergency /special projects and handed information to the Committee members for discussion. The result of the discussion was that applicants have to make a clear demonstration that this is an emergency; the application will be the same one the CPC currently uses, special Committee meetings will be called as necessary to process the emergency /special application, and the applicant will have to come before the CPC Committee to present the special application. If the application merits a special meeting then the applicant should first call Maxner and then Maxner will contact Pearl and they will decide if the special meeting is warranted. Maxner will provide further research on other Cities /Towns on how they address emergency /special projects and present this information at the next CPC meeting. Upcoming CPC Tentative Schedule — Meetings and Tasks Pearl noted that the Historic District Commission would be meeting next Wednesday February 26 to review the applications for historical significance. The result of that meeting will determine what the CPC will be reviewing at Thursday's meeting. Community Preservation Committee 02 -20 -14 Meeting Minutes Page 8 of 9 Pearl noted that there is a CPC meeting next Thursday, February 27, 2014, with a March 6, 2014 reserved date for a meeting if necessary. Pearl noted that by March 14, 2014 the CPC will announce the eligible projects and invite full applications. Other Business There was a discussion and was decided among committee members that response letters need to be written to each applicant notifying them that their pre - application has been eligible or ineligible for CPA funding. In addition, for the ineligible projects, the response letter should include the reasons why and possibly recommendations on how to make it eligible. The members requested Maxner to create a draft response letter for review by the board members. Also once pre - application process has been completed the Committee will create document for public use showing all the applications submitted and their results. Williams suggested adding the total estimated cost of all the pre - applications and the CPC's budget on all letters to demonstrate that there is a lot more requests than funding available. The draft meeting minutes of December 5, 2013 were reviewed. Members offered minor amendments. McCrory moved to approve the minutes as amended. Seconded by Williams. The motion carried 4 -2 with Thomson and McDonough abstaining, as they did not attend that meeting. Williams notes that the CPC should consider its meeting schedule during the summer due to vacations and such. Members briefly discussed perhaps meeting frequently before mid -July to get as much work done prior to the height of summer vacation months. Members discussed Crimmin's low attendance rate at the CPC meetings. It was noted his term expires this July of this year. Pearl offers to contact him to find out if he is able to be involved with the CPC. Pearl explains that BevCam contacted her and offered the opportunity for the CPC to go on BevCam to talk about what the CPA is all about. Pearl said she would go but invited other committee members to participate. Members agree to participate if their schedules allow. Adiournment Buchsbaum moved to adjourn the meeting. Pearl seconded the motion. The motion carried 6 -0. Meeting adjourned at 8:53 p.m. Community Preservation Committee 02 -20 -14 Meeting Minutes Page 9 of 9