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09-15-16 CPC MinutesCITY OF BEVERLY PUBLIC MEETING MINUTES COMMITTEE /COMMISSION: Community Preservation Committee SUBCOMMITTEE: DATE: September 15, 2016 LOCATION: Beverly City Hall, 191 Cabot Street MEMBERS PRESENT: Wendy Pearl — Chair, Marilyn McCrory — Vice - Chair, Robert Buchsbaum, Thomas Bussone II, Christy Edwards, Jon Paddol, James Matz, and Heather Richter MEMBERS ABSENT None OTHERS PRESENT: Amy Maxner — Environmental Planner; Reverend Kelly Weisman Asprooth- Jackson, Ron Sweet, Gabriel Patino and Duncan Balentine of First Parish Church RECORDER: Travis Lovett Consultation and Questions and Answer Session with the Community Preservation Committee (CPC McCrory calls the meeting to order at 7:00pm. McCrory welcomes members of the 1s Parish Church representatives and asks that everyone introduce themselves. McCrory said it was disappointing for the CPC to not fund ADA facility upgrades for First Parish Church, noting that the vote came down to a question about a legal ruling that focused on using public funds to fund religious organizations. She explains based on the information the Committee had received, the opinion of the City Solicitor, and the category in which the project was described (rehabilitation and restoration), the Committee voted not to recommend funding this project. She said the vote may have been different if the project had been used to restore or preserve historic assets of the church, as it would have nothing to do with religious use. Buchsbaum said the proposal could possibly be revisited in future years. He said there was also the impression that the chief beneficiary would be First Parish Church and the members of the church. Jon Paddol arrives at 7:10 p.m. Reverend Kelly Weisman Asprooth- Jackson of First Parish Church explains that he and three other members of the church attended this meeting to gain clarification about the Committee's decision. Reverend Jackson explains that although the First Parish Church is a religious institution, the church members make no distinction between service to the community and service to the church members. He said the highest form of worship in their tradition is to serve Community Preservation Committee September 15, 2016 Meeting Minutes Page 1 of 4 others and that the highest use of the building is in service to the community. He said the reason the church applied for funds was because the church currently cannot serve dinner to people with significant mobility issues. He said they are seeking to be a nexus for community involvement and that they want to serve the needs of people on the margins of our society. He notes that the church sees the heaviest use on Tuesday afternoons. Maxner said the CPC had trouble fitting this project into the preservation category and felt that the project was more rehabilitation- oriented. Bussone said he would have voted against funding the project even if it were being considered for preservation funds as the Committee is awaiting a decision on a court case related to funding religious projects with CPA funds for rehabilitation projects. Buchsbaum said the reality is that the court case could take several years to be decided. Reverend Jackson said the church received Community Preservation Act (CPA) funds in the past and that this is a significant change in the use of CPA funds statewide. Paddol said this was a very worthy project and that the church's need is an important one, but in his opinion this would constitute advancing a religious mission using voluntary public tax money. Richter said the Committee really needs to follow the guidelines of the CPA statute as well as guidance from the City Solicitor. Matz said the monies distributed can't favor one religious practice over another and he said he struggled with the conflict between the mission of the church and community preservation. McCrory said if there were something about the proposal that fit in the preservation category of activity that was disconnected from the intended use, she would have no trouble funding it. Bussone said the final resolution on the Acton case may put the CPC's vote in a different light, however he thinks the question of whether or not this is furthering the church's mission or furthering the use of the building would still need to be definitively resolved. Reverend Jackson said the case was a conundrum and he wasn't sure how to move forward. Buchsbaum said his vote would depend on the nature of the project and said he would feel comfortable funding the historical aspect of a community resource. Matz said he wants to see how the court case in Acton plays out and that he would re- entertain an application for CPA funds from the church. Members agreed that they did not want to deter the church from applying for future projects, with strong recommendation that the Church consult with the CPC prior to submitting an application so that potential issues can be identified and dealt with early. Church representatives thank the CPC for its time and clarification. McCrory suggests reviewing the previous meeting's minutes. Members review draft August 25, 2016 minutes and offer edits. Matz motions to approve the minutes as amended. Richter seconds the motion. The motion carries 5 -0 -2. (with Bussone and Paddol abstaining as they were not present at the August 25t' meeting) Finish Review and Evaluation of 3 "d Round 2016 CPA Project Funding Applications Community Preservation Committee September 15, 2016 Meeting Minutes Page 2 of 4 Maxner said based on the votes from the last meeting that there was $202,739 left available for 3 d Round 2016 CPA projects. She said this balance doesn't include the housing reserve, open space reserve, or FY17 budget. Pearl arrives at 7:53 p.m. Discussion ensues on the Hale House Landscape Restoration application and members review the supplemental information provided by the Historical Society. Pearl notes the estimate was $114,000 for tree planting and removal. Buchsbaum asked where they would plant all of the shrubs that were being purchased as it seems there are quite a few to fit on the property. Pearl notes the property used to be 100 acres and it's now 1 acre. Edwards asks if the CPC wanted to challenge the applicant to put in more of their own money to fund the project. She said the project is about restoring the character and interpreting the landscape for the public. She said rehab is probably a better word to use to describe the project. Matz said it seems like a lot of tree planting for one acre of land, noting that 30 trees would cost $1,200 apiece, and the absence of a conceptual plan makes it difficult to know what the CPC is funding. Members agree that a more developed site plan is needed. Bussone said he has trouble voting to spend public funds without a plan, not to cast any aspersion on the work of the applicant. He said the committee owes it to our constituency to set some level of standards. Paddol is not sure what the public return on its investment would be and the true urgency of the project is. Pearl notes that public access would be the return. Pearl said the property will need irrigation and maintenance. She said the master plan will show plant selection. She said that funding the master plan would enable the CPC to make the next decision, but that she was worried about timing for the landscape preparation and remediation. Extensive discussion ensues as to elements of the project, associated costs and timelines. Matz motions to fund the Hale House Landscape project in the amount of $60,000, consisting of $20,000 to develop a master plan that includes maintenance protocol, $7,000 for unwanted tree removal, $10,000 to move beech trees, $3,000 to repair the front entrance walk, $15,000 to install stone dust paths, and $5,000 for contingency costs. Bussone seconds the motion. The motion carries 8 -0. Administrative Business /Other Business Camp Paradise Bond Payments McCrory would like to discuss the upcoming bond payments for Camp Paradise and the FY17 budget, noting that the CPC should vote each year to determine which fund reserve balance bond payments should come from. Buchsbaum said the goal is to maintain open space reserves as much as possible. McCrory motioned to fund bond payments for Camp Paradise from the General Reserve Fund of the FY17 budget. Richter seconds the motion. The motion carries 8 -0. Community Preservation Committee September 15, 2016 Meeting Minutes Page 3 of 4 McCrory asks Maxner to ask for an update on the progress of the Beverly Golf & Tennis ADA upgrade project and whether the Club has received an extension from the Access Board. Maxner will report back to the CPC on this. Ellis Square Groundbreaking Paddol asked if there were any updates on construction at Ellis Square. Richter said she thought the groundbreaking was being delayed by the Block Party on Saturday, September 17t''. Maxner notes that it will be within the coming weeks. Draft 3 "d Round CPA Funding Recommendations to City Council Committee members reviewed the 3rd Round CPA Funding Recommendation letter as drafted by Maxner and made a few corrections. Discussion ensues as to the City Clerk's method for submitting the Order /Orders for this round of recommendations. Maxner notes that she inquired with Wes Slate who noted that this will be a single Order. McCrory notes that she would like to see them as individual Orders and will call Slate to discuss. Maxner said the City Council will receive the CPC's 3rd round recommendations in time to hold a public hearing on October 17t''. She notes that from there the recommendation is referred to the Property & Finance Committee for its recommendation to the full Council. Danvers CPA Campaign Maxner notes that Sally Kerans, lead for the Danvers' CPA Adoption Campaign has contacted her and is asking if any Beverly CPC members would be willing to participate in a panel discussion scheduled for October 3r Members ask Maxner to forward Keran's contact information. Upcoming CPC Meeting Schedule The next Community Preservation Committee meetings are scheduled for October 20' November 17t'' and December 15t''. Maxner notes that Harborlight Community Partners will be coming to the next meeting to provide an update on the Harborlight House project, which is nearing completion. Adjournment Bussone motions to adjourn the meeting. Edwards seconds the motion. The motion carries 8 -0. The meeting is adjourned at 9:10 p.m. Community Preservation Committee September 15, 2016 Meeting Minutes Page 4 of 4