The Community Preservation Fund
59 Town Hall Square
Falmouth, Mass 02540

Tel: 508-495-7436
Fax: 508-457-2511

Email: cpfund@falmouthmass.us

 

2009 Meeting Minutes

JANUARY 8, 2009

Members Present: Chair Barbara Schneider; Vice Chair Ralph Herbst; Clerk Patti Haney; Diane Thompson; Peter Clark; Ed Schmitt; Ken Gartner.
Asst. Town Planner/CPA Jessica Erickson.

Absent: Kevin Andrade; Melissa Freitag

Public Hearing: Preliminary CPA Recommendations for April Town Meeting
Chair Barbara Schneider opened the public meeting at 7:00 PM in the School Administration Building. 
Jill Tompkins of the Waquoit Congregational Church Restoration Committee read a letter from Susan Shepard in favor of the project citing its historic importance to the village of Waquoit.

Ann Sears, former Administrator for the Falmouth Historical Commission, spoke in favor of the project noting the Commission’s work to place the Church on the National Register. She called it the last remaining “institutional building” and it serves as the focal point for Waquoit Village.

Alan Driscoll, President of the Waquoit Village Association, also spoke in favor of the project.

Robert Couto of Heritage Steeplejack Company cited the importance of salvaging the church. He said it is taking on water and repair work should be done in the spring.

John Wathne spoke to the project as an emergency situation. He stated the spire could fly off and the trusses are overloaded which could cause the tower to fall into the Sanctuary.

There being no other speakers, Chair Barbara Schneider closed the public meeting at 7:15PM.

Vote Articles & Recommendations for April Town Meeting.

§ Waquoit Congregational Church
Jessica Erickson recommended to members they use mainly the state match to meet their 10% requirement and the Historic Resources Reserve for funds needed for earlier spending. In that way the money can be made available prior to July 1st.

In answer to a question from Ralph Herbst about their application for state funding, Jill Tompkins replied she is now in contact with Candace Jenkins, who agreed to help them apply to the National Trust. She was told there are no federal funding sources.

After withdrawal of his original motion, on the motion of Peter Clark/Ed Schmitt, the committee VOTED: unanimously to recommend $190,000 for structural repairs as well

As for repairs to the steeple and replacement of the roof cladding, $90,000 is to be appropriated from the Historic Resources Reserve account and $100,000 from the state match funds; funding to be contingent upon a final review by the CPC of estimates and design before April Town Meeting to insure comfort with completeness and accuracy in line with the recommendations of Eric Dray and agreement by the Waquoit Congregational Church to place a Historic Preservation Restriction on the property.

§ School Administration Building
Jessica Erickson recommended the funds be taken from the state match funds. Peter Clark asked that Jessica look into the need for a Historic Preservation Restriction for when and if the building were ever sold.

On a motion by Ralph Herbst/Patti Haney, the committee VOTED: unanimously to recommend $255,000 for the School Administration Building from the state match funds.

§ Affordable Housing Development Fund
Peter Clark and Patti Haney recused themselves from this discussion.

Jessica Erickson recommended the funds be appropriated from the state match fund.

On a motion by Ed Schmitt/Ralph Herbst, the committee VOTED: 5 in favor, 2 recusals, to allocate $282,700 from the state match funds to bring the fund up to the $1 million level.

§ Housing Production Plan
This matter was tabled at the December 10th meeting pending the outcome of the joint meeting between the Planning Board and the Board of Selectmen on January 6, 2009.
They voted to support the idea of providing $20,000 to the Board of Selectmen for their dispersal. In the meantime, they will form a new committee. They also requested $80,000 be placed in reserve for possible future expenditures.

On the motion by Peter Clark/Diane Thompson, the committee VOTED: unanimously to recommend $20,000 for the HPP from the Community Housing Reserve; funding to be contingent upon receiving the details of a process by which expenditures will be reviewed and approved by an established group before recommendation to the Board of Selectmen. Funds will be expended under the jurisdiction of the Board of Selectmen.

§ Oyster pond Environmental Trust
Jessica Erickson recommended the funds come from the state match.

On a motion by Diane Thompson/Peter Clark, the committee VOTED: unanimously to appropriate $5,900 from the state match funds.

§ 300 Committee – Bartolomei Property
Jessica Erickson recommended the $384,000 be appropriated from the Undesignated Fund Balance.

300 Committee Administrator, Margaret Hough Russell, assured members this property is of the highest priority. They will be contributing $200,000 and the Conservation Commission will be applying to the state for $400,000. They are asking for $384,000 from the CPC. The purchase and sale agreement is based on the three funding sources and the money will be needed by June 30th for a closing.

Chair Barbara Schneider, also speaking for the CPC Working Group, stated the group at their December meeting had no problem using the Land Bank funds to accomplish a multi-use project encompassing housing and open space.

After amendment, on a motion by Patti Haney/Peter Clark, the committee VOTED:
Unanimously to recommend $384,000 funding by the CPC; $100,000 to come from the Open Space Reserve account and $284,000 from the Undesignated Fund (under the Land Bank item).

§ CPA Administrative Budget
Jessica Erickson is recommending $84,287.20 for Administrative expenses of the Community Preservation Committee.

Following discussion, on a motion by Patti Haney/Ralph Herbst, the committee VOTED:
Unanimously to appropriate $84,287. for Administrative expenses; the salary portion of $48,895.20 to come from the state match funds and the balance from the Undesignated Fund Balance.

§ CPA Reserve Funds
Jessica Erickson suggested the committee recommend indefinite postponement on the Reserve Fund Articles 8-9-10-11 until the state match funding figures are released in March. The Board of Selectmen, however, will be voting the Warrant Articles on January 26th. The committee VOTED: unanimously for indefinite postponement

Executive Fund Transfer Request for Completed CPA Projects.
§ Monument Restoration Committee –WWI Monument
On a motion by Patti Haney/Diane Thompson, the committee VOTED: unanimously to transfer $4,113 for the WWI Monument completed project to the Community Preservation Undesignated Fund Balance.

§ Coastal Ponds Management Committee – West Falmouth Harbor

On a motion by Patti Haney/Diane Thompson, the committee VOTED: unanimously to transfer $135.00 for the completed West Falmouth Harbor project to the Community Preservation Undesignated Fund Balance

Bill Schedule:
Long Pond Pumping Station - $8,717.67 – transfer for lead abatement.
Motion to approve by Patti Haney/Ralph Herbst was VOTED: unanimously.

Approve Minutes:
A motion by Peter Clark/Patti Haney to approve the minutes of November 20 and December 10th with corrections was VOTED: unanimously.

Staff Report: Jessica Erickson reported on the following:
Jessica distributed a spread sheet of CPA Appropriations and Recommendations to date, which includes Rounds 1 through 5. She added a new category for completed costs and it will be updated with transfers.

Jessica advised she is eligible to take an exam in May for Certified Planner at a cost of $650. There are monies available in the current budget under staff development. She stated this is one of her goals for 2009 and it would cover all areas of planning. The committee VOTED: unanimous approval.

Old Business:
§ CPC Response Letter to Board of Selectmen Strategic Plan
Members were given a draft letter to the Board of Selectmen for review. The matter was held until the January 22nd meeting

§ Habitat for Humanity Sippewissett Road Site Dedication
Ralph Herbst attended the dedication on behalf of the CPC. The owners are expected to move in at the end of January. He urged fellow members to view the fine work of the Habitat group.

New Business:
Chair Barbara Schneider asked members to submit by Monday, January 12th, their schedule for vacations etc. Barbara and Jessica will prepare a draft calendar covering January through April. 

The estimated state match funds will not be known until March. In the meantime, she asked members to consider whether or not they want to accept any proposals on a limited or open basis.

A letter from the Town of Kingston Board of Selectmen was distributed wherein they propose to file legislation to amend the Community Preservation Act. The purpose of the amendment would be to allow community preservation funds to be utilized for Green
Energy initiatives. They are asking all the Boards of Selectmen belonging to the CPA to support this.
Chair Barbara Schneider advised she has spoken with the Coalition Steering Committee and they are against this action. They see it as a “watering down of CPA funds”.
They are asking all the CPCs to tell their Boards of Selectmen to take no action as there are numerous ways to incorporate green energy initiatives with CPA funds.

On a motion by Ed Schmitt/Patti Haney, the committee unanimously authorized the chair to write a memo to the Board of Selectmen to take no action until the CPC has had a chance to review the legislation and offer their recommendation.

There being no further business, the meeting adjourned at 9:45 PM to meet again on Thursday, January 22, 2009 at 7:00 PM in the School Administration Building.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
JANUARY 22, 2009

Members Present: Chair Barbara Schneider; Vice-Chair Ralph Herbst; Clerk Patti Haney; Ed Schmitt; Kevin Andrade; Melissa Freitag; Peter Clark.
Asst. Town Planner/Community Preservation Jessica Erickson.

Absent: Ken Gartner; Diane Thompson

Review Articles and Recommendations for April Town Meeting:
· Waquoit Congregational Church
Chair Barbara Schneider advised that Jill Tompkins, church representative, called to say the church wants to start the project immediately after Town Meeting. To do this, any monies required prior to July 1st must be appropriated from FY-09 funds and would be voted at the Special April Town Meeting. 
Following discussion, on a motion by Melissa Freitag/Patti Haney, the committee VOTED: 6-1 to submit an article for $190,000 to the Special Town Meeting; $100,000 to be appropriated from the Historic Resources Reserve and $90,000 from the Community Preservation Undesignated Fund Balance.

Following a discussion of the Special Conditions for this project, Peter Clark recommended that all design work for the project shall be submitted to the CPC for review and approval. On a motion by Melissa Freitag/Patti Haney, the committee VOTED: unanimously to approve the Special Conditions.

· School Administration Building
Having previously voted to approve this article (2) for $255,000, the committee reviewed the Special Conditions. Following discussion, on a motion by Peter Clark/Patti Haney, the committee VOTED: unanimously to approve the Special Conditions including the addition of Condition #4 as follows:
“The CPC approves the funding of this project with the understanding that if the School Administration Building is ever used for anything other than town use, it would require a Historic Preservation Restriction.

· Affordable Housing Development Fund
Having previously voted to approve this article (3) for $282,700, which is the 10% required funding, the committee reviewed the Special Conditions. On a motion by Patti Haney/Melissa Freitag, the committee VOTED: unanimously to approve the Special Conditions.

· Housing Production Plan
Having previously voted to approve this Article (4) for $20,000, Ralph Herbst, Planning Board representative to the CPC, advised the state is requesting a re-submittal of the HPP. Therefore, it will be referred again to the Planning Board and Board of Selectmen.
Following discussion, the committee stood by their original support for the funding and concept. 

On a motion of Peter Clark/Patti Haney, the committee VOTED: unanimously to move this article to the Special Town Meeting warrant and to approve the Special Conditions with the addition of Special Condition #2. “CPC approval for $20,000 for the Housing Production Plan will be made available for support of community housing initiatives and assist in the development of a booklet for site development standards for MGL.ch.40B. Any expenditure for other purposes can only be spent if approval is granted by the Community Preservation Committee.”

· Oyster Pond Environmental Trust
The committee previously approved article (5) for $5,900. 
On a motion by Melissa Freitag/Patti Haney, the committee VOTED: unanimously to add Special Condition #1 by empowering the chair to adjust the dollar figure on Article 5 to accommodate permanent on-site signage acknowledging CPA funds were provided for the project.

· 300 Committee – Bartolomei Property
Chair Barbara Schneider advised this article and recommendation for acquisition will be moved to the Special Town Meeting warrant. The committee will be voting to move the article to Special Town Meeting; authorizing the legal department to adjust the language to meet the Division of Conservation Services requirements, and provide necessary authorizations for the Board of Selectmen and Conservation Commission.
On a motion by Patti Haney/Kevin Andrade, the committee VOTED: unanimously to move the article to the Special Town Meeting warrant and authorize town counsel to adjust the language necessary to meet the requirements of the state and Falmouth.
On the motion of Patti Haney/Kevin Andrade, the committee VOTED: unanimously to approve the Special Conditions. The word “permanent” will be added to Item #1 (signage)

CPA Project Development Working Group Update:
Chair Barbara Schneider updated the committee on the progress of the Working Group.
The group thought it was time to open it to a wider- based public to give them the opportunity for an open discussion. To that end, they scheduled a meeting for Tuesday, February 24 at 7:00 PM in the Civil Defense Room. The working group will also be meeting with the Historical Commission on Thursday, February 26th. Members were asked to submit items for an agenda.

Subcommittee Report – Recommendation for Funding Private CPA Projects
Subcommittee members Patti Haney; Kevin Andrade, Melissa Freitag and Jessica Erickson reported on their discussions to develop a policy for CPA funding for private properties. MATTER HELD.

Subcommittee Report – Recommendation for CPA Proposal Deadline:
Peter Clark and Kevin Andrade reported on their progress for establishing a window to accept CPA proposals where the “preferred” deadline is 90 days prior to the close of the warrant and a “drop dead” deadline for 30 days prior to the close of the warrant. 
Following a discussion of possible circumstances under which projects might be accepted after the deadline, the committee voted to hold the matter for further tweaking.

Vote Nomination for Robert Keuhn Award:
Members were given a copy of the application proposal for the Robert Kuehn Community Preservation Award for discussion. Ed Schmitt suggested eliminating the word “Haddad” and refer to it as “beachfront property located on Vineyard Sound”. On a motion by Patti Haney/Ralph Herbst, the committee VOTED: unanimously to approve the application.

Execute Fund Transfer Request for Completed CPA Projects:
o Haddad Property – transfer $355.00 from Account 21410-58004 for Haddad property acquisition (Apr.-07 TM Art 15) to Community Preservation Undesignated Fund Balance. (Certified complete by Don Hoffer, Beach Supt.)
On a motion by Patti Haney/Melissa Freitag, the committee VOTED: unanimously to transfer the $355.00 as proposed.

Bill Schedule:
Sandwich Road Athletic Fields - $64,900 payable to William Bonito Const. –Irrigation
Haddad Property - $445.00 payable to Cape Cod Organic Farm for plant materials
Open Space Parcel Survey - $1,540 payable to Warwick & Associates for Brievogel Parcel Surveying.
CPA Administrative - $210.00 payable to Jessica Erickson for Staff Development.
(Reimbursement for AICP exam materials.)
On a motion by Kevin Andrade/Ed Schmitt, the committee VOTED: unanimously to approve the bill schedule.

Approve Meeting Minutes:
On a motion by Patti Haney/Peter Clark, the minutes of the January 8, 2009 meeting were approved with corrections. Melissa Freitag abstained.

Staff Report:
Jessica Erickson reported the following:
Jessica referred members to a January 16th memo from Town Manager Robert Whritenour, Jr. citing a spending freeze on the FY-09 budget. None of the CPA funding projects will be involved.

Larson Fisher submitted their final report to the Historical Commission. Their contract is completed.

The structural renovations for the second floor of the Edward Marks Building will cost about $800,000 according to the architect Keenan and Kenney. The Building Committee is reviewing the cost estimates.

Old Business:
· CPC Response to Board of Selectment Strategic Plan
Members reviewed last minute comments and suggestions on their reponse letter to the Board of Selectmen’s Strategic Plan.
· Affordable Housing Focus Groups.
Chair Barbara Schneider asked if members wanted to revisit the focus group proposal. Members agreed there appeared to be no interest and suggested tabling the matter.

Ralph Herbst asked if an evaluation is scheduled for Jessica Erickson. Jessica advised her last evaluation was in 2007. She said she has established her professional and committee goals for this year. Chair Barbara Schneider will meet with Town Planner Brian Currie to formally establish an evaluation.

New Business:
Chair Barbara Schneider reminded members of the Joint Meeting with the Historical Commission on Thursday, February 26, 2009.

The Community Preservation Coalition has contacted the Cape Cod Commission about sponsoring a workshop in February to explain the dynamics of recent legislation filed to sustain Community Preservation. 

On a motion by Ralph Herbst/Patti Haney, the committee VOTED: unanimously to authorize Jessica to draft a letter to the Board of Selectmen asking them not to support the Kingston proposal, but rather support re-filed legislation to sustain Community Preservation. The legislation proposes to clarify allowable uses for recreational resources not acquired or created with CPA funds.

 

There being no further business, the committee adjourned at 9:45 PM to meet again on Thursday, February 12, 2009 at 7:00 PM in the School Administration Building.

Submitted by: Mary J. Little, Recording Secretary
 

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
FEBRUARY 26, 2009

Members Present: Chair Barbara Schneider; Vice-Chair Ralph Herbst; Clerk Patti Haney; Diane Thompson; Ed Schmitt; Melissa Freitag; Asst. Town Planner/CPA Jessica Erickson and
Selectman Brent Putnam, CPA Project Development Working Group member.
Absent: Ken Gartner; Kevin Andrade; Peter Clark


Chair Barbara Schneider opened the meeting at 7:05 PM in the School Administration Building.

Joint Meeting with Historical Commission:
Chair of the Historical Commission, Sheryl Kozens-Long was in attendance with member Nancy Hayward. Their goals include strategies for recommendation for future CPA funds; development of by-laws for structures, landscapes, and scenic roads; a review process for properties on the CRI. Nancy Hayward agreed that the Historical Commission should be comparing the exteriors of properties to the original photos submitted for the CRI. 
Sheryl saw the need for a community preservation sub-committee. 
When asked about Deed Restrictions, Sheryl Kozens-Long spoke to situations where a private property could sell a home and place a Deed Restriction on it and not report it to the Historical Commission. It would only come to light when they seek a permit for renovations at the Building Department. The Historical Commission holds three Deed Restrictions in their files.
A flow chart was distributed by the CPC detailing how historic projects can qualify for CPA funding as well as a procedural paper for seeking funding under the historic category. 

Town Meeting Preparation:
Jessica Erickson distributed a revision of the Administrative Budget - Article 23. She stated the Finance Committee corrected the salary line item to make up the %20. The total appropriation for this article is $84,473. $49,081 will come from FY10 estimated receipts and $35,392 from the Undesignated Fund Balance; $5,392 shall be applied to health insurance and $30,000 shall be set aside in the Community Preservation Fund for Administrative expenses.

On a motion by Ralph Herbst/Patti Haney, the committee VOTED: unanimously to revise Article 23 by appropriating $84,473; $49,081 will come from FY10 estimated receipts and $35,392 from the Undesignated Fund Balance; $5,392 shall be applied to health insurance and $30,000 shall be set aside in the Community Preservation Fund for administrative expenses of the committee.

Members discussed the method for distributing the CPC’s town meeting article booklets. Last year they were left at the entrance. Diane Thompson suggested bundling them with the Town Warrant mailing.

Project liaison Melissa Freitag and Jessica met with representatives of the Waquoit Congregational Church to review the Special Conditions in the Letter of Agreement.
The team felt references to the siding and trim in condition #1 should be removed.
Based on this review, a motion by Patti Haney/Ed Schmitt was proposed to remove references to the siding and trim in Condition #1 because the committee’s funding recommendation of $190,000 covers only the roofing and structural repairs to the steeple. The committee VOTED: unanimously. 

Liaison Ed Schmitt and Jessica met with 300 Committee Administrator Margaret Hough Russell to review the four conditions in the Letter of Agreement. 
Condition #3 requires a management plan to be produced by the 300 Committee, approved by the Conservation Commission and submitted to the Division of Conservation Services prior to reimbursement. In Condition #4, the 300 Committee previously agreed to remove the house and shed within 30 days of the closing. The CPC had allowed them a 90-day window.

Based on this review of the special conditions, On a motion by Patti Haney/Ed Schmitt, the committee VOTED: unanimously to confirm the terms of the Letter of Agreement to be consistent with the Conservation Commission and purchase and sale documents as agreed to by the 300 Committee.

Chair Barbara Schneider distributed a paper wherein Assistant Town Counsel was asked to interpret the use of CPA funds as they relate to the purchase of property. She ruled that CPA funds can be used to purchase property only for the appraised value. Since two appraisals are required when applying for state grants, Barbara sought the opinion of the Dept. of Revenue. They ruled the average of the two appraisals shall be used for the sales price. This ruling means the Bartolomei purchase price must be reduced to less than the previously offered $1 million.
Barbara advised members she has alerted the Community Preservation Coalition of this interpretation.

CPA Project Development Working Group Update:
Chair Barbara Schneider gave a report on the CPA’s Working Group public meeting Tuesday evening. With the exception of the Recreation Department, all the invitees came and participated. She added that 80% of the time was spent on affordable housing and there was support for a multi-use project on the Tony Andrews farm.

Consider CPC Attendance/Voting Procedures:
Matter was tabled. Three of the members were not present to allow for a full discussion.
Jessica Erickson was asked to send a written request to committee members requesting they apprise her by noon of the day of the meeting of their intention to attend or not.

Approve Bill Schedule:
· East Falmouth Burying Ground: $1,288.75 payable to Donna Walcovy
· Main Street Burying Ground: $3,142.94 payable to Donna Walcovy
· Woods Hole Public Library: $5,000 payable to Woods Hole Public Library
· Souza Parcel Surveying: $1,250 payable to Falmouth Engineering
On a motion by Patti Haney/Melissa Freitag, the committee VOTED: to approve the bill schedule as presented.

Approve Meeting Minutes: Matter Tabled.
 

Staff Report:
Jessica Erickson reported the following:
The Waquoit Congregational Church and the Oyster Pond Environmental Trust will be requesting an alternative payment plan. Assistant Town Counsel was consulted and suggested a document which releases the town of any responsibility of the contract.

Jessica related Town Meeting approved an Article #16 in April 2003. It s purpose was to fund $15,000 for the purchase of the Marilyn P. Costa property. Since the town is not buying the land, there will an article on this Warrant to rescind the previous action.

Old Business
Chair Barbara Schneider advised the next Listening Session on Economic Development for the Local Comprehensive Plan will be held by the Planning Board on March 3rd.

She reported the committee had sent a letter to the Board of Selectmen advising the Town of Kingston is looking for support to add “Green” initiatives to the CPA. They requested the Board take no action. This committee will be asking the Board to support the legislative bill – An Act to Sustain Community Preservation. Eighty-one legislators, including the Cape legislators, have signed on to sponsor the bill. Its intent is to improve the language in the Recreation Category and increase the deed fees from $20 to $39-$42. It is hoped this action will cause more cities and towns to join the CPA and still maintain the %75 match.

New Business:
Chair Barbara Schneider spoke to the recent Cape Cod Times article citing a report commissioned by the Town of Orleans. They hired a consultant, James Haskell, to do a study on affordable housing. Barbara obtained three copies of the report entitled “Town of Orleans Condominium and Resale Study.” She asked for three volunteers to review the study. Patti Haney, Diane Thompson, and Melissa Freitag agreed to sit as a sub-committee to review the study; compare it to the Falmouth CPC’s study and give a report at the last meeting in April.

There being no further business, the committee adjourned at 9:40 PM to meet again on Thursday, March 19, 2009 in the School Administration Building.

Submitted by: Mary J. Little, Recording Secretary

 

CPC SUBCOMMITTEE MEETING MINUTES

March 5, 2009

Members present: Patti Haney, Melissa Freitag, Kevin Andrade
Staff present: Jessica Erickson -- Assistant Town Planner / Community Preservation

The meeting opened at 4:00 p.m. in the small conference room on the main floor of Town Hall. 

The subcommittee reviewed a summary of their November 13, 2008 meeting. The subcommittee voted (3-0) to recommend the following language for publication in the Community Preservation Plan and CPA funding application materials: 

CPA proposals for properties owned by non-profit organizations must demonstrate a public purpose and substantial public benefit. In their review of eligible proposals, the CPC will review the significance of the property as well as the significance of the proposed project. At this time, the CPC will not consider proposals from private property owners for projects involving privately owned properties. 

Note to CPC:
In their deliberations, the subcommittee discussed the potential for public or non-profit organizations to submit proposals that involve rehabilitation or restoration of private properties. For example, the proposed language would leave open the possibility for the CPC to entertain a proposal from a qualified organization that would administer a program for historic rehabilitation of private properties or rehabilitation for affordable housing units. 

Meeting adjourned at 4:35 p.m.
Respectfully submitted by Jessica Erickson, Assistant Town Planner / Community Preservation. 

 

CPA proposal deadline

o The CPC will have a window for considering project proposals received between the established deadline set 90 days prior to the close of the town meeting warrant and a date 30 days before the close of the warrant. 

o In this time window the CPC will consider on a case-by-case basis project proposals that have significant importance to the Town and that could not have been submitted at the 90-day deadline. 

o Furthermore, such applicants must realize that the CPC proposal review process typically occurs over 3 months and includes legal and technical research, consultation with Town Departments/Committees, requests for additional proposal information, public input, and CPC deliberation. If the CPC is unable to complete its due diligence, late submissions, no matter how important, will not receive a recommendation for the upcoming Town Meeting.

o The CPC will attempt to update the Community Preservation Plan and application materials 150 days prior to the close of the town meeting warrant and will accept proposals submitted thereafter*. Applicants are strongly encouraged to consult with the CPC when developing proposals for CPA funding. 

(*For the annual Spring Town Meeting, this will require the CPC to conduct its annual needs assessment in the spring of each year.) 

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
MARCH 19, 2009

Members Present: Chair Barbara Schneider; Vice-Chair Ralph Herbst; Clerk Patti Haney; Peter Clark; Melissa Freitag; Ken Gartner; Diane Thompson; Kevin Andrade; Asst. Planner/CPA Jessica Erickson.
Absent: Ed Schmitt
Chair Barbara Schneider opened the meeting at 7:00 PM in the School Administration Building.
Debrief Joint Meeting with Historical Commission:
Jessica Erickson advised members that one of the goals of the Historical Commission is the development of a Historic Preservation Plan, and promoted the idea of more joint meetings.
Melissa Freitag, speaking as a member of the commission, said the Historical Commission desires to develop criteria for the Preservation Plan. She hopes the Historical Commission will develop a mechanism/fund to provide small loans to eligible homeowners. 
As members of a historic resources sub-committee, she and Diane Thompson are working to tie in the Commission’s goals with those of the CPC, not forgetting the CPC has a consultant – Eric Dray to draw on.
Patti Haney told members they looked at the City of Cambridge’s historical preservation plan. To their mind, it resembles more of a development fund.
Subcommittee Reports:
The CPA Private Properties subcommittee (Patti, Melissa, and Kevin) submitted their recommendation.
Following discussion, on the motion of Peter Clark/Kevin Andrade, the committee VOTED: 6-2 that CPA proposals for properties owned by non-profit organizations must demonstrate a public purpose and substantial public benefit. In their review of eligible proposals, the CPC will review the significance of the property as well as the significance of the proposed project.
At this time, the CPC will not consider proposals from private property owners for projects in any of the four categories.

Melissa Freitag/Kevin Andrade offered an amendment to strike the word “substantial” and insert the definition of public benefit in the first sentence. The committee VOTED: unanimously. The approved language shall become part of the Community Preservation Plan and CPA funding application materials.
The CPA Proposal Deadline Sub-Committee (Peter/Kevin) submitted their recommendation as follows:
The CPC will have a window for considering project proposals received between the established deadline set 90 days prior to the close of the town meeting warrant and a date 30 days before the close of the warrant. In this time window, the CPC will consider on a case-by-case basis project proposals that have significant importance to the town and that could not have submitted at the 90-day deadline. Such applicants must realize that the CPC proposal review process occurs over 3 months and includes legal and technical research, consultation with town departments/committees, requests for additional proposal information, public input, & CPC deliberation. If the CPC is unable to complete its due diligence, late submissions, no matter how important, will not receive a recommendation for the upcoming town meeting. The CPC will attempt to update the Community Preservation Plan and application materials 150 days prior to the close of the town meeting warrant and will accept proposals submitted thereafter. Applicants are strongly encouraged to consult with the CPC when developing proposals for CPA funding. The committee VOTED: unanimously to adopt the recommendation for publication in the Community Preservation Plan and CPA funding application materials.
CPA Project Development Working Group Update:
Chair Barbara Schneider, who also serves as chair of the Working Group, relayed the comments and feelings of the invited guests to the public meeting (February 24) of the Working Group. From that meeting, the Working Group will ask Mike Galasso to meet with them at their April meeting. They hope to talk about his ideas for leveraging federal and state monies with the CPC to buy down existing properties, rehabilitate them, and turn them into affordable housing. Working Group member, Bob Murray (Falmouth Housing Corporation) strongly urged the hiring of a part-time staff member to be a monitoring agent if this effort takes root. CPA funds could support this effort.
Melissa Freitag urged the Working Group to look at the Jenney Way property/Edgartown; Golden Eagle project/Provincetown and the Lexington project.
Review CPA Project Updates:
Committee members were asked to submit a written report for each of their projects “in progress.”
Jessica distributed a detailed report citing 18 projects currently in progress and a list of those projects that are in abeyance.
Town Meeting Preparation:
The Precinct Meetings have been published and CPC members signed up to attend:
Peter Clark – Precincts 1 and 2
Ed Schmitt – Precinct 3
Barbara Schneider – Precinct 4

Melissa Freitag – Precincts 5 and 6
Diane Thompson – Precinct 7
Ralph Herbst – Precincts 8 and 9
The Letters of Agreements for the April Town Meeting projects have been signed. The Housing Production Plan draft will be ready for April Town Meeting.
The School Committee is still discussing the terms for the Preservation Restriction on the School Administration Building project.
Regarding the Town Meeting Warrant and recommendations, there will be an adjustment on the Bartolomei property. The appraisals reduced the original value from $1 million to $935,000. The 300 Committee will make up the difference. The CPC allotment figures will remain the same.
At this point, Chair Barbara Schneider asked the committee’s indulgence to hear from the Waquoit Congregational Church. Jill Tompkins was accompanied by John Wathne of Structures North Engineering. They provided pricing documents for the scheduled work. The estimates do not include project management fees or contingency. 
Jill Tompkins advised the church is conducting historic tours on the weekend. Fund raising is ongoing. She plans on attending the precinct meetings.
Barbara Schneider reminded members that CPA funds statewide have been approved for 72 church projects for a total of $7.2 million. 
Consider CPC Attendance/Voting Procedures:
Ralph Herbst, speaking as a member of the Planning Board, stated it is their policy that if you do not attend the public meeting on a proposed project, you cannot vote on it. He offered the following language as an addition to Operating Procedure #4: 
“Any member of the CPC who misses either the presentation of an application for funding or the CPC’s discussion of that application will either review the minutes of that meeting AND seek a briefing on that application from Assistant Town Planner for Community Preservation prior to the committee’s voting on that application OR abstain from voting.”
Following a short discussion, on the motion by Ralph Herbst/Ken Gartner , the committee VOTED: 6-2 to add the language to Operating Procedure #4.
Melissa Freitag offered an amendment to strike the word “will” and insert word “should.”
There being no second, the amendment did not carry.
BILL SCHEDULE:
Little Sippewissett Marsh/Woodneck Beach flushing study: $4,175.00 payable to Applied Coastal Research and Engineering. Jessica was asked to contact Betsy Gladfelter to determine what their plans are to involve the public. Motion by Patti Haney/Kevin Andrade to approve was VOTED: unanimously.
APPROVAL OF MINUTES:
On a motion by Ralph Herbst/Diane Thompson, the committee VOTED: 5-0-3
 

STAFF REPORT:
Jessica Erickson reported the following:
Jessica reported the DOR issued a revised state match at 29% for the first round. She recommends maintaining the unappropriated state match balance of $20,036 as a buffer. The CPC is entitled to a second round of fundingbecause Falmouth adopted the CPA at the maximum 3% surcharge amount.
The CPC Project Booklet for April Town Meeting will be mailed out with the Warrant and the CPC will pay the difference in the mailing costs.
OLD BUSINESS: 
The Planning Board’s Economic listening session will be rescheduled.
Barbara Schneider reported that Falmouth did not win the Robert Kuehn Award.
Ralph Herbst reported the Local Comprehensive Planning Committee is being dissolved and the Planning Department will assume the responsibility.
New Business:
Barbara Schneider advised the committee will meet at 6:00 PM on Monday, April 6th at the Lawrence School prior to Town Meeting and possibly 6 PM on Tuesday, April 7th , if needed.
Barbara also proposed moving the April meeting to the 16th because of Town Meeting.
Members are advised to let Jessica know if they will be attending the Cape Cod Commission’s Historic Preservation workshop.

There being no further business, the meeting adjourned at 9:30 PM to meet again at 7:00 PM, Thursday, April 16, 2009 at the School Administration Building.

Submitted by: Mary J. Little, Recording Secretary

 

 

 

Pre-Town Meeting CPC MEETING MINUTES

Monday, April 6, 2009

6:00 pm. - Lawrence School

Members Present: Barbara Schneider, Kevin Andrade, Peter Clark, Ralph Herbst, Ed Schmitt, Patti Haney, Melissa Freitag, and Diane Thompson
Absent: Ken Gartner

Staff Present: Jessica Erickson, Assistant Town Planner / Community Preservation

Barbara Schneider opened the meeting at 6:05 p.m. in the Lawrence School. 
REVIEW PROJECT INFORMATION SUBMITTED UNDER ‘LETTER OF AGREEMENT’ SPECIAL CONDITIONS

School Administration Building - The Committee reviewed a letter from School Committee (dated March 27, 2009) regarding the School Administration Building rehabilitation project. The School Committee has agreed to seek authorization from Town Meeting if such a time comes where the Town considers the disposal or a long-term least of the School Administration Building. 

Barbara Schneider reminded the CPC that the $255,000 recommendation from FY’10 estimated receipts is less than the required 10% minimum for historic preservation. The CPC will have ‘actual state match’ figures in October 2009. It is recommended that the CPC wait until the November 2009 Town Meeting to increase the amount appropriated to historic resources to reach the 10% minimum. 

Housing Production Plan - the Committee reviewed a letter from Ahmed Mustafa (dated March 30, 2009) regarding the Housing Production Plan funding. The letter described the administrative process for the implementation of the HPP action items. The letter also included a cost breakdown for the tax incentive program and the ‘MGL Ch. 40b site development standards’ guidebook. The CPC noted that the budget for the 40b guidebook does not include an amount for ‘production of document’. The CPC members agreed that the intent of the funding is to cover the costs associated with producing the guidebook, including printing.

Bartolomei acquisition – The Committee reviewed a letter from 300 Committee (dated March 20, 2009) along with the draft terms for the Bartolomei conservation restriction. The 300 Committee has not yet received notification from the Division of Conservation Services regarding the LAND grant application. The CPC reviewed the draft conservation restriction, it was noted that the terms of the CR will be finalized by the Conservation Commission at a public meeting.

Other project information – The CPC discussed the Waquoit Congregational Church proposal. Jessica Erickson reported that a question had been raised by CPC member Kevin Andrade regarding the church’s proposal for asphalt roofing shingles. Upon review of the documentation on file for the Waquoit project, the CPC’s January 5, 2009 vote for $190,000 was based on a budget that included red cedar roof shingles. Additionally, the March 19, 2009 estimates submitted by the Waquoit Church provided additional budget information based on red cedar shingles. Jessica informed the Committee that the Waquoit Church was notified of this information in order to confirm the CPC’s vote for red cedar shingles. 

Meeting adjourned at 6:30 p.m. 
Respectfully submitted, Jessica Erickson, Assistant Town Planner / Community Preservation.

 

CPC SUBCOMMITTEE MEETING

Meeting minutes from Friday, April 10, 2009 9:00 am

Small Conference Room at Town Hall

Members Present: Patti Haney, Melissa Freitag, and Diane Thompson
Staff Present: Jessica Erickson, Assistant Town Planner / Community Preservation

The meeting opened at 9:10 a.m. and began with discussion of the charge of this subcommittee being to review a report entitled ‘Condominium Purchase and Resale Study’, which was funded with CPA funds in the Town of Orleans. The subcommittee’s review of the report was focused on the need and/or potential benefit of this type of study for the CPC in their annual needs assessment associated with CPA funds. The subcommittee also discussed (1) existing plans and studies related to affordable housing in Falmouth and (2) how the concept of a ‘housing purchase and resale’ program may be studied in Falmouth. A summary of the subcommittee’s general discussion is provided below (areas where the subcommittee established recommendations to the CPC are underlined). 

The subcommittee discussed the Orleans report and noted that condominiums were the least desirable type of housing for the creation of affordable housing because of the difficulty in controlling the affordability of condominium fees. The subcommittee also noted that the Town of Orleans housing stock has a higher percentage of condominiums than that of Falmouth. The subcommittee expanded their discussion to involve the general concept of purchasing market rate housing units for conversion to affordable (not limited to condo units) and noted that in any case the acquisition price would have to be under $200,000 in order to make the numbers work to turn the unit over as an affordable unit. Also related to housing purchase and resale, the subcommittee noted that federal stimulus funds are available to the Falmouth Housing Authority and the Housing Assistance Corporation for bank-owned foreclosures. There is a possibility for CPA funds to be combined with stimulus funds to acquire housing units for conversion to affordable.

The subcommittee noted that one of the overarching principles listed in the Housing Production Plan (HPP) specifically refers to adapting existing structures to provide affordable housing (section II-4, page 14). The subcommittee discussed the role of the Planning Board and Board of Selectmen as being the two lead agencies in the implementation of the HPP, as well as the role of the Affordable Housing Committee in making recommendations to the two implementation boards. The consensus of the subcommittee was that a ‘housing purchase and resale’ study is not recommended as a CPC initiative. The subcommittee recommends that the CPC forward a copy of the ‘Condominium Purchase and Resale Study’ to the Affordable Housing Committee for their review and comment as to its relevance to affordable housing production in Falmouth.

The subcommittee also noted that the ‘conversion of market rate to affordable units’ is included in the Community Preservation Plan (CPP) as general criteria for community housing proposals (page 9). Jessica Erickson recommended that the CPC request input from the Town’s housing agencies in the upcoming needs assessment with regards to updating and prioritizing the housing criteria listed in the CPP. The CPP currently lists several criteria that could potentially be categorized as overarching concepts (ex. contribute to the goal of achieving 10 % affordable housing, ensure long-term affordability). The CPP also includes some criteria that could be identified as priority criteria (ex. convert market rate to affordable units). The updated CPP could indicate that all housing proposals must, at a minimum, address the overarching criteria and that those proposals that specifically address the ‘priority housing criteria’ would be ranked higher by the CPC. 

Lastly, the subcommittee discussed the potential for reworking the Retention Fund and/or Development Fund to better address Falmouth’s emerging affordable housing needs and initiatives. For example, the concept of an affordable housing monitoring agent was discussed as a potential component of the Retention Fund. The general consensus of the subcommittee was that the Development Fund and Retention Fund need to be looked at for possible revisions. 

Meeting adjourned approximately 10:10 am. 
Respectfully submitted, Jessica Erickson, Assistant Town Planner / Community Preservation.

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
APRIL 16, 2009

Members Present: Chair Barbara Schneider; Vice-Chair Ralph Herbst; Clerk Patti Haney; Peter Clark; Ed Schmitt; Melissa Freitag. Asst.Planner/Community Preservation Jessica Erickson.

Absent: Kevin Andrade; Diane Thompson; Ken Gartner.

Chair Barbara Schneider opened the meeting at 7:05 Pm in the School Administration Building.

Town Meeting Wrap-Up Discussion:
Members felt their work was rewarded with passage of all the projects. Ed Schmitt noted that Chair Barbara Schneider did a great job representing the committee. Barbara Schneider related that she and Jessica anticipated the questions and objections. Though the resistance to placing three projects on the Special Town Meeting was a surprise, the majority of town meeting members realized there was good reason for the monies to be spent now. Barbara Schneider advised that the Waquoit Congregational Church has set up a “Save the Steeple” website and has applied for a Massachusetts Preservation Project grant. Peter asked whether the committee could dispense with printing the booklet on already-funded projects for Town Meeting and suggested an ongoing- type slide show.

On March 19th, the committee voted to publish the following policy statement in the CPA Plan and funding application materials:
“CPA proposals for properties owned by non-profit organizations must demonstrate a public purpose and public benefit, as defined by the CPC. In their review of eligible proposals, the CPC will review the significance of the property as well as the significance of the proposed project.”

“At this time, the CPC will not consider proposals from private property owners for any projects in any of the four CPA categories.”

The statement would leave open the possibility to entertain proposals from a qualified organization that would administer a program for historic rehabilitation of private properties or rehabilitation for affordable housing units. The CPC may consider adding this language to the Plan and Application.

Consider CPC Actions for November 2009 Town Meeting:
Jessica, in her memo dated April 16th, advised members the Mass. Department of Revenue announced their projection for a 29% state match for FY-2010 or $613,467. Once the committee has knowledge of the FY-2010 state match funding amount, the committee can appropriate the amounts necessary for the required 10% of annual revenue that must be appropriated to each of the three required CPA categories. Jessica distributed an updated spreadsheet. There remains about $145,000, some held in specific reserve funds, toward the next round.

Following a discussion of whether or not to consider another round for November Town Meeting, on the motion of Peter Clark/Patti Haney to limit the November round of CPA projects to the continuation of projects that have been previously funded on condition the money is critical to the movement of the project, the Committee VOTED: 3-3. Melissa Freitag state she was not in favor because she wanted time to think about alternate solutions.

Chair Barbara Schneider asked Peter Clark if he would be willing to craft language for discussion at the May 14th meeting.

Community Housing Subcommittee Report:
A subcommittee comprising Patti Haney, Melissa Freitag, Diane Thompson and staff member, Jessica Erickson, met on April 10th at Town Hall to review a report entitled “Condominium Purchase and Resale Study.” It was funded with CPA funds in the Town of Orleans. The consensus of the subcommittee was that a housing purchase and resale study is not recommended as a CPC initiative. They recommended the CPC forward a copy of the Orleans study to the Affordable Housing Committee for their review and comment.
The subcommittee discussed reworking the Retention Fund and Development Fund to address Falmouth’s affordable housing needs. The concept of an affordable housing monitoring agent was discussed as a possible component of the Retention Fund. Lastly, the subcommittee felt the Retention and Development Funds should be looked at for possible revisions.

Members agreed to have two joint discussions: one with the CPC Working Group, and one with the Falmouth Housing Corporation, Falmouth Housing Trust, Affordable Housing Committee and Brian Currie or his designee at the committee’s next meeting, Thursday, May 14th.

CPA Needs Assessment: 
Chair Barbara Schneider related that the committee has paid significant attention to the four CPA categories, which has served the committee well to meet the goals of a positive needs assessment.

Patti Haney/Peter Clark proposed a motion that the joint meeting with the Working Group and the housing groups shall be considered as fulfilling the requirement of a Needs Assessment. Melissa suggested having an open forum in June to meet the public hearing requirement.

Chair Barbara Schneider announced the committee will set the summer schedule and date for the open forum.

Project Updates:
Jessica distributed updates for Highfield Hall; Sippewissett Marsh /Woodneck Beach Flushing Study and the Edward Marks Building Design. 
Chair Barbara Schneider noted the Sippewissett Marsh project held a public meeting in conjunction with the project. She stated the committee should have been notified of the public meeting and members given the opportunity to attend. Jessica stated this could be considered a Condition in the Letter of Agreement.

Melissa Freitag reported that Jill Tompkins, representing the Waquoit Congregational Church, met with the Historical Commission to request a letter of recommendation to move forward with their grant application to continue with the rehabilitation of the church exterior. They have applied for a $100,000 grant to Massachusetts Preservation Project Fund.

Melissa stated the Historical Commission will be working with Barbara Milligan to nominate Highfield Hall for the National Register of Historic Places.

Cape Cod Commission Historic Preservation Workshop:
Melissa Freitag and Ralph Herbst attended an all-day workshop in Harwich on April 2nd sponsored by the Cape Cod Commission. They heard that “Maintenance is Preservation” is an accepted phrase. The Cape has lost 2007 acres of farmland in 6 years. The APCC has published an inventory of all agricultural lands. Ralph recommended that the CPC join “Preservation Massachusetts” for a $50 annual fee.

Bill Schedule:
On the motion of Peter Clark/Patti Haney, the committee voted: to approve the following bill schedule:
Highfield Theatre Restoration - $1,573. payable to the Cape Cod Conservatory.

Meeting Minutes:
The minutes of the March 19th meeting were approved with two corrections. 
The minutes of the April 6th “pre-town meeting” minutes were approved.

Staff Report:
Jessica Erickson reported the following:
Senate Bill 90 – An Act to Sustain Community Preservation has been referred to the Joint Committee on Community Development and Small Business. Jessica distributed copies to members.

Falmouth’s CPA funds have contributed $1.2 million to the acquiring of 16.84 acres for permanently protected Open Space.
$2.3 million has been contributed to Historic Preservation initiatives.
CPA funds contributed $953,000 towards the $1.2 million total project costs for 6 Recreation initiatives.

CPA funds contributed $355,000 towards the $1.5 million development costs for 8 affordable Community Housing units. CPA funds contributed $137,000 from the
Housing Retention Fund for the conversion of 3 existing deed restricted affordable units. 

Old Business:
Chair Barbara Schneider advised she has been invited by the Board of Selectmen to attend a meeting in April to discuss the three letters previously sent to them. Town of Kingston asked for support to add “green” initiatives to the Community Preservation Act. Committee is requesting Board of Selectmen take no action. The second letter asked the Board of Selectmen to support Senate Bill 90 – An Act to Sustain Community Preservation. The third letter stated the CPC’s requests for future considerations for the Selectmen’s next five-year plan.

Ralph Herbst advised the Planning Board will hold a Listening Session on Economic Development on May 12th. 

There being no further business, the committee adjourned at 8:55 PM to meet again on Thursday, May 14, 2009 at 7:00 PM in the School Administration Building.

Submitted by: Mary J. Little, Recording Secretary
 

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
JUNE 11, 2009

Members Present: Chair Barbara Schneider; Vice-chair Ralph Herbst; Clerk Patti Haney; Ed Schmitt; Peter Clark; Diane Thompson; Kevin Andrade; Asst. Planner Community Preservation Jessica Erickson.
Absent: Ken Gartner

Chair Barbara Schneider opened the meeting at 7:05 PM in the School Administration Building.
Community Preservation Needs Assessment Hearing:

When considering development of open space, Chairman of the Agricultural Committee Heidi Waltz asked the committee to include passive and working open space. She defined working open space as the utilization of energy products and food production. Peter Clark asked if she knew of funding sources to help with those efforts.
Heidi replied the Mass. Department of Agriculture has funds.

Nancy Hayward asked the CPC to encourage the redevelopment of existing buildings for affordable housing .

Project Manager for The Resource Inc. Mike Galasso stated the EDIC is into joint ventures that incorporate development and affordable housing. There might be opportunities to acquire parcels, renovate them to include energy efficient products and community gardens. 

Michael Duffany stated redevelopment and open space makes sense. Involving several entities would make a good partnership and realize greater benefits.

Virginia Valiela expressed her concern over the decision to raze the Bartolomei family home because it did not meet the current building codes. Chair Barbara Schneider said the committee plans to review this matter.

300 Committee Administrator Margaret Hough Russell sent a letter expressing the 300 Committee’s support of the goals identified in the town’s latest Open Space and Recreation Plan – protection of water quality in the coastal ponds and estuaries – protection of agricultural lands and opportunities on the land for the growing senior population and disabled.

There were no comments on recreation and historical resources.

Chair Barbara Schneider stated the Legislature will be acting on legislation to change the interpretation of recreation in the Community Preservation Act. The larger cities are in favor of spending open space funds for rehabilitative recreation projects.

The Needs Assessment Hearing closed at 7:50 PM.

Update from CPA Project Development Working Group:
Chair Barbara Schneider informed members there is difficulty with the VFW Housing Project. Because tax credits are down from 93 cents to 67 cents, the gap computes into several million dollars that will be needed to complete the project.
Bob Murray of the Falmouth Housing Corporation is suggesting that the VFW project be considered part of the $3 million mixed-used project. He suggested the possible utilization of more Development Fund monies toward the project.
The Development Fund Guidelines require a unanimous recommendation from the review committee. The Development Fund is made up of three entities.
Barbara stated the Working Group is working with Town Counsel to define the legal requirements or best management practices. Jessica will be meeting with the three members of the Development Fund to revisit the process to insure transparency in the conduct of all matters.

Review Plans for Waquoit Congregational Church Rehabilitation:
Mr. Fred Detschel appeared before the committee on behalf of the church to state they are working towards translating the pricing documents into a set of bid documents.
They have applied for a state grant and will not know the award amount until next week. If the grant is awarded, they will have control over the management of the project.
Jessica arranged to have CPC Historic Consultant Eric Dray review the construction drawings and specifications. He determined the work will conform to the Secretary of Interior Standards. He offered suggestions on the spire and Belfry lattice.

On the motion of Peter Clark/Patti Haney, the committee VOTED: unanimously to approve the construction drawings and specifications upon written information as to the contractor’s interpretation for the replication of the spire. Also, the Belfry lattice openings must conform to the Historic Districts Commission requirements.

Bikeways Committee Request for Project Amendment:
Bikeways Committee Chairman Edward Gross and member Bob Fitzpatrick appeared before the committee to state that several racks in one location have already sustained damage by motor vehicle movement. They are requesting approval to install ten steel bollards to complete the rack installations. The remaining funds in the account will cover the cost of 10 bollards at $399 each.

On the motion of Peter Clark/Patti Haney, the committee VOTED: unanimously to approve the installation of protective bollards within the original intent of the Town Meeting Article.

Transfer Funds from Completed CPA Projects:
Jessica advised that with the end of the fiscal year, the committee needs to close out all completed CPA projects by transferring the funds from the Haddad acquisition; Wood neck Beach Flushing Study and the Highfield Theatre Design Services accounts.
 

On the motion of Peter Clark/Patti Haney, the committee VOTED: unanimously to move $10,596.20 to the Community Preservation Undesignated Fund balance.

Historic Preservation Consultant Contract:
On the motion of Peter Clark/Kevin Andrade, the committee VOTED: unanimously to approve extending the contract for professional services between the Town of Falmouth and Eric Dray effective July 1, 2009 to June 30, 2010.

Approve Bill Schedule:
· $784,000 – payable to Bartolomei Family Trust for the acquisition of the Bartolomei property
· $24,000 – payable to Urban Harbors Institute for the Green Pond Harbor Management Plan.

Approve Meeting Minutes: The May 14, 2009 minutes were tabled.

Staff Report:
Jessica Erickson reported the following:

Library Director Leslie Morrissey submitted an update on the Falmouth Library Rehabilitation Project. Remaining work includes the completion of a small portion of molding near the circulation desk. This will be completed by the end of the fiscal year.

The committee received a thank-you letter from the WWI Memorial Restoration Committee for the CPC’s support and funding.

The Historical Commission will be selecting a replacement for Melissa Freitag at next week’s meeting.

The Bartolomei Land Management Plan will need state approval before reimbursement. A Conservation Restriction will be stipulated as part of the CPC’s funding.

Old Business:

Barbara Milligan of Highfield Hall appeared before the committee to discuss the Highfield Ice House project. She said they have not been able to raise their share of $20,000 on the $40,000 budget. She added the stone wall leading into the Ice House is collapsing.
Ms. Milligan submitted a budget for the proposed use of the CPA funds. They propose to repair the foundation and stone entry wall. The electrical work and interpretative signage will be proposed for Phase 2. Jessica stated the project is still considered rehabilitation of an historic structure and the Standards state if the materials cannot be preserved, they should be replaced in kind. She recommended approving the plans.

Peter Clark expressed his concern that the educational aspect of the project be part of the long range plan.

Barbara Milligan stated Highfield Hall is preparing an application for historical designation.

Following discussion, on the motion of Patti Haney/Kevin Andrade the committee VOTED: unanimously to approve the proposed work under Phase One.

Reading the Coalition’s newsletter, Ralph Herbst noted Lexington did a study on affordable housing. He thought it would be apropos to secure a copy and forward it to the Affordable Housing Committee. Nantucket did a teacher housing project, which also might prove interesting.

There being no further business, the committee adjourned at 9:20 PM to meet again on Thursday, July 9, 2009 in the School Administration Building.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
JULY 9, 2009

Members Present: Chair Barbara Schneider, Vice-chair Ralph Herbst, Clerk Patti Haney, Ed Schmitt, Ken Gartner, Peter Clark, Heidi Walz, Asst. Town Planner/CPA Jessica Erickson.

Absent: Diane Thompson, Kevin Andrade

Chair Barbara Schneider called the meeting to order at 7:05 PM in the School Administration Building. She introduced the committee’s newest member, Heidi Waltz, who will serve as the representative from the Historical Commission.

Committee Reorganization:
On the motion of Ralph Herbst to nominate Barbara Schneider as chairman, Patti Haney seconded and Peter Clark moved to close the nomination. Barbara Schneider was VOTED: unanimously as chairman. 
On the motion of Patti Haney to nominate Ralph Herbst as Vice-chair, Heidi Waltz seconded and Peter Clark moved to close the nomination. Ralph Herbst was VOTED: unanimously as Vice-chair.
On the motion of Ed Schmitt to nominate Patti Haney as Clerk, Ralph Herbst seconded and Peter Clark moved to close the nomination. Patti Haney was VOTED: unanimously as Clerk.

Subcommittee to Identify Funding Sources for Leveraging CPA Funds:
Chair Barbara Schneider stated this has been one of Jessica’s goals.

Jessica Erickson said the concept is the formation of a subcommittee to garner information and identify funding sources – both federal and state – for historic preservation, community housing and open space. The goal would include updating the Community Preservation Plan and conducting a workshop to present the components of the plan and possible funding sources.
Peter Clark questioned to what level and degree. He recommended subscribing to existing data bases. Chair Barbara Schneider reminded members the committee pays dues to the Coalition and obviously they can be a great resource. Patti Haney objected to time spent on housing because of sources such as the DHCD.
Following discussion, members agreed not create a subcommittee, but agreed to respond to Jessica’s ideas and utilizing Historic Preservation consultant Eric Dray’s services.

Proposals for November 2009 CPA Funding:
Chair Barbara Schneider announced two proposals have been received: The 300 Committee is seeking $10,000 to support the implementation of a plan for handicapped accessibility and kayak access at the new Bartolomei Conservation Area.
Heidi Waltz and Ed Schmitt will serve as the Review Team.
 

The second proposal is from Historic Highfield, Inc. They are seeking $10,300 to stage the interior of the Ice House for public viewing, and install a sign for public interpretation as part of the activities of Highfield Hall. Ralph Herbst and Diane Thompson will serve as the Review Team.

Robert Dnsmore of the John Wesley Methodist Church has approached the committee about a submittal for the November round. Following discussion, the committee VOTED: unanimously to allow Jessica to meet with the church officials to review their application and accept the proposal for consideration if appropriate. Ken Gartner and Patti Haney will serve as the review team if the proposal is accepted.

CPA Needs Assessment and Possible changes to Community Preservation Plan
In addition to the previous two needs assessment hearings, the CPC received written correspondence from the Affordable Housing Committee stating their commitment to work with the Board of Selectmen and Planning Board on the Housing Production Plan as well as the CPC on future affordable housing efforts.

Resident Sheila Silverberg suggested consideration of a new and larger senior center under the CPA’s Open Space and Recreation category.
On the suggestion of Peter Clark, Chair Barbara Schneider will reply to the letter stating why this project is not eligible for funding under the Open Space and Recreation category. John Magnani and the Council of Aging should also be copied.

The 300 Committee wrote a letter supporting the goals identified in the town’s Open Space and Recreation Plan. The committee agreed to add the three goals to the Community Preservation Committee Plan:
Protection of water quality in the coastal ponds and estuaries
Protection of agricultural land
Opportunities on land for the growing senior and disabled populations.
The committee agreed to consider the following change to the Plan:
Include a better definition of “active open space” and
Incorporate a statement for the reuse of existing structures for affordable housing.

The committee voted to charge Planning Board representative, Ralph Herbst to express the CPC’s need for an updated land use map. This document will help the CPC to prioritize the needs of the town.

Consider Changes to CPC Operating Procedures
Ralph Herbst/Peter Clark offered a motion to change the wording in the second sentence of Item 5 (Quorum) of the Community Preservation Plan Operating Procedures by adding “or Assistant Planner/CPA Jessica Erickson.” Motion VOTED: unanimously.
Members agreed to hold the matter until the next meeting.

Stafff Report:
The committee had requested Jessica to delve into the available options for establishing a mechanism to recapture CPA Community Housing funds because the Department of Revenue does not allow the repayment of loans to be deposited into the Community Preservation funds. They also wanted options for establishing a Municipal Affordable Housing Trust Fund.

Her research resulted in a summary that provided an overview of General and Special Legislation to accomplish this goal. She recommended seeking Special Legislation before the General Court. Any action to create such a fund would require coordination with the Board of Selectmen. To that end, Chair Barbara Schneider advised she wrote to Board of Selectmen Chair Mary Pat Flynn requesting an opportunity to discuss the matter and determine what scope of funding the Board of Selectmen would support. She also requested the Board of Selectmen to review the CPC’s letter on the Five-Year Strategic Plan.

Jessica reported on project updates:
The Phase II Library project was approved for $84,000 through the expedited process.

The Sandwich Road Athletic Fields will be installing the Irrigation Equipment. $34,000 has been allocated for that portion of the contract.

Bill Schedule:
· $1295.30 – payable to Falmouth Housing Corp. for Ward Chester and Cloverfield
· $4000.00 – payable to Falmouth Housing Corp. for Ward Chester and Cloverfield (from Development Fund)
On the motion of Ralph Herbst/Heidi Waltz, committee VOTED: approval with 2 recusals and one abstention.
· $479.07 – payable to Menders Torrey and Spencer for Falmouth Historical Society Environmental Improvement Project.
On the motion of Ralph Herbst/Heidi Waltz, the committee VOTED: approval

Approve Meeting Minutes: 
The minutes of June 11, 2009 were approved with changes. Ken Gartner abstained.

Old Business:
Chair Barbara Schneider advised there will be recommendations forthcoming for a future meeting on the Development Fund. Town Counsel and the three entities want to maintain the purpose of the Fund but the goal is to make it transparent and fair.

New Business:
Ralph Herbst advised members the Habitat for Humanity will be considering their annual award to a non-profit and did the committee want to consider nominating the town of Falmouth
Following discussion, the committee stated they were not ready at this time to make any nominations.

The committee agreed to meet on the following dates between June and September:
v July 23, 2009
v August 13 and 27, 2009
v September 3, 2009

There being no further business, the committee adjourned at 9:35 PM to meet again on Thursday, July 23, 2009 at 7:00 PM in the School Administration Building.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
JULY 23, 2009

Members Present: Chair Barbara Schneider, Vice-chair Ralph Herbst, Clerk Patti Haney, Peter Clark, Ken Gartner, Heidi Walz, Diane Thompson, Asst. Town Planner/Community Preservation Jessica Erickson

Absent: Kevin Andrade and Ed Schmitt

Chair Barbara Schneider opened the meeting at 7:00 PM in the School Administration Building.

Interview Applicants for November 2009 CPA Funding:
· The 300 Committee – Bartolomei Funding (Heidi Walz/Ed Schmitt)
300 Committee Administrator Margaret Hough Russell appeared before the committee to present her preliminary estimate and request for CPA funding amounting to $10,000 to install a handicapped accessible trail and picnic benches for the Bartolomei property.

Having met with Brian Dale and Ray Jack regarding maintenance, and being told they could not take on more maintenance, the 300 Committee will consider fundraising to provide stewardship for mowing, trash pickup, and removal. 

Heidi Walz provided Margaret Hough Russell information on a Cape Cod Extension Grant up available through its land management program.

· Historic Highfield – Ice House Restoration (Diane Thompson/Ralph Herbst)
Diane Thompson stated the architectural drawings are part of the original submittal for funding and are in line with the Secretary of Interior’s standards.

Barbara Milligan explained there are three doors to the Ice House. The exterior door is original and needing restoration. The interior door would be the viewing door. Due to security issues, they will need to develop a schedule. Highfield Hall is open 10am to 4pm most weekdays and Sundays. Peter Clark expressed his wish they work toward making this a facility that can be observed at anytime.

Consider Updates to Community Preservation Plan
Members spent some time updating the Community Preservation Plan. Final changes will be voted at the next meeting.

Update from CPA Project Development Working Group:
Chair Barbara Schneider reported on the meeting between the working group and Kevin Galligan of Cape Light Compact. Mr. Galligan mentioned several sources of federal and state funding for energy efficient initiatives. The committee discussed the VFW project and Mr. Galligan agreed it would a good project to achieve a zero energy rating. She inquired about an energy initiative for replacing the windows at the school administration building which would maintain their historic compatibility. 

Mr. Galligan offered to personally contact Superintendent Marc Dupuis. The committee learned that solar panels in open space were the recommended alternative to wind turbines. Their passiveness makes them more neighbors friendly.

Discuss Application Process for Affordable Housing Development Fund:
Chair Barbara Schneider reported she and Jessica met with Assistant Town Counsel Patricia Harris to discuss specific transparency flaws in the Development Fund Guidelines. Patricia Harris will determine whether changes to the Development Fund
Would need approval at the Fall Town Meeting.

Diane Thompson took issue with the idea the allocation of funds is not transparent. She advised the Affordable Housing Committee has been in contact with Patricia Harris concerning conflict of interest issues. Members expressed their interest in upgrading the guidelines and having the three entities involved in the review process.

Staff Report:
Jessica Erickson reported on the following:
The DOR has increased the state match to 30% or $20,000. 
The Waquoit Church, Bartolomei, and Housing Production Plan projects will come from ’09 monies.
Jessica distributed spreadsheets on the FY’10 budget and completed projects.

Bill Schedule:
· Eel River Shellfish Habitat Assessment, $12,963 payable to AECOM.
Motion by Peter Clark/Heidi Walz to approve was VOTED:

Approve Meeting Minutes:
The minutes of the May 14th meeting were approved with changes. Heidi Walz abstained. The minutes of the July 9, 2009 meeting were approved with changes. Diane Thompson abstained.

Old Business:
· Status Report from Planning Board representative on land use mapping.
Ralph Herbst reported the Planning Board voted to table the matter. He advised he would have nothing further to say.

· 2009 CPC Schedule:
Members agreed to the 2009 schedule as presented.

Chair Barbara Schneider advised she responded to Sylvia Silverberg’s letter on the Senior Center.

New Business:
Chair Barbara Schneider stated the East Falmouth Village Association will hear the Coastal Ponds Management Committee’s report on the Green Pond Management Plan July 29th at 8PM at the East Falmouth Elementary School.

Barbara and Jessica will work on the Annual Report. Members were asked to email their thoughts and ideas. Discussion is scheduled for the next meeting.

There being no further business, the committee adjourned at 9:40PM to meet again on
Thursday, August 13, 2009 at the School Administration Building at 7 PM.

Submitted by: Mary J. Little, Recording Secretary
 

COMMUNITY PRESERVATION COMMITTEE MINUTES
AUGUST 13, 2009

Members Present: Chair Barbara Schneider; Vice-Chair Ralph Herbst; Clerk Patti Haney; Ed Schmitt; Heidi Walz; Ken Gartner; Diane Thompson; Peter Clark; Asst. Town Planner/Community Preservation Jessica Erickson.
Absent: Kevin Andrade

Review and Act on 2009 CPC Annual Report:
Members reviewed the Annual Report and with two minor changes, on the motion of Patti Haney/Ralph Herbst, the Committee VOTED: unanimously to approve the CPC’s Annual report.

Consider Updates to Community Preservation Plan:
Members reviewed the updates to the Plan and offered minor changes. Members voted to accept the Plan with these changes.

Vote Preliminary Recommendations for November 2009 CPA Funding:
· The 300 Committee – Bartolomei Funding
Members reviewed the August 11th memo from 300 Committee Administrator Margaret Hough Russell wherein she suggested the $10,000 request from the 300 Committee for CPA funds be considered under the recreation rather than open space category. Since the handicapped accessible trail will be the most expensive item, she suggested the request of $10,000 be used to fund the trail. The total project cost is estimated to cost $25,000. On the motion of Patti Haney/Diane Thompson, the committee VOTED: 8-0 to recommend preliminary approval of the project for the November 2009 Town Meeting.

· Historic Highfield – Ice House Restoration
Chair Barbara Schneider reported to members that Historic Highfield sent a formal letter withdrawing their application. During the interview process at the July 23rd meeting, Barbara Milligan was asked to obtain a letter of support from the Falmouth Historical Commission. Heidi Walz, appointee of the Historical Commission to the CPC, stated the interpretative restoration was not clearly outlined by Historic Highfield. The Falmouth Historical Commission voted not to support the project.

Jessica Erickson asked for a copy of the minutes, but they were not available for this meeting.

Members agreed the committee was not clear enough about asking for a technical review, but assumed there would be feedback from the Historical Commission. The project met the Secretary of Interior Standards. 
Chair Barbara Schneider spoke to Barbara Milligan to encourage her not to back out, but was told her board did not want any adversarial discussion.

Chair Barbara Schneider reminded members the committee has the ability to move funds at town meeting and to satisfy our 10% in Historic Resources, we must move at least $17,000 into the Historic Resources Reserve.

Ed Schmitt asked for an update on the transfer from the Retention Fund to the Development Fund.

Chair Barbara Schneider advised she will be attending a meeting Thursday on the VFW project and suggested she knew of no reason to transfer any monies from the Retention Fund to the Development Fund. She added there will be an opportunity to submit an article, if necessary, at the April 2010 Town Meeting.

Project Updates:
Waquoit Congregational Church Project: A memo from Jill Tompkins on August 10th stated the project went out to bid on June 27th to five qualified steeple contractors. The bid deadline was July 17th and four responded. The restoration committee has narrowed it down to two candidates. Further investigation and reference checking is underway.
In the meantime, the church is working on a Deed Restriction for the exterior portion of the church. They applied for funding to the Massachusetts Preservation Fund. If they receive the funds, the Falmouth Historical Commission will hold the Deed Restriction.

School Administration Building: Marc Dupuis is waiting to hear from the SAVE AMERICA’S TREASURES for possible grant monies. The Cape Light Compact’s tour and assessment of the windows did not yield any positive results. The school will have to seek other historic preservation sources.

The Children’s’ School of Science: They have declined to submit a project update report until they decide whether or not to go forward with the project. 
Chair Barbara Schneider asked Diane Thompson to work with Jessica toward a final outcome.

Staff Report:
Jessica Erickson reported the following:
The committee’s reporting schedule for the Department of Revenue is September 15th.It comprises three forms to be filled out by the committee, Accounting and Assessors.
Chair Barbara Schneider thanked Jessica for the fine work on the report.

Jessica reported on her meeting with the Resources Development Office. The meeting resulted in a two-hour workshop scheduled for September 9th. Jessica would present the CPC Plan and they would do a one-hour presentation on funding sources and how to proceed with the process. Jessica distributed a draft copy of the Community Preservation Project Update Form. It is proposed to send it with a 30-day deadline. It was suggested that Items 3 and 4 could be combined into a small paragraph and community participation should not be viewed as a requirement, but as a criteria. It was agreed to put the final version of the form online.

Bill Schedule: None

Meeting Minutes: Motion of Peter Clark/Patti Haney to approve minutes of July 23, 2009 was voted.

Old Business: Ralph Herbst encouraged liaisons to work with Jessica on the project updates.

Chair Barbara Schneider reported on the Green Pond Management Report recently presented at the East Falmouth School. She found it disappointing and lacking science.
Members ruminated where they might intervene and under what conditions and what are the boundaries for guaranteeing the worth of every project. 
Jessica suggested that where this was a contract RFP, the committee would not know if the standards were too low. For future projects, she suggested the committee might want to review the Request for Proposals.
Members agreed to have liaisons Ed Schmitt and Diane Thompson contact the Coastal Management Committee to determine if the report met their expectations and how the money was spent.

There being no further business, the committee adjourned at 9:00 PM to meet again on
Thursday, August 27, 2009 at 7:00 PM in the School Administration Building.

Respectfully submitted: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
AUGUST 27, 2009

Members Present: Chair Barbara Schneider; Clerk Patti Haney; Peter Clark; Kevin Andrade; Diane Thompson; Ed Schmitt; Heidi Walz
Absent: Ken Gartner and Ralph Herbst

Consider Public Comments on Preliminary Recommendations for November 2009 Town Meeting:
Resident Nancy Hayward expressed her desire to see the Bartolomei project funded to the fullest extent possible.

Vote Recommendations for November 2009 Town Meeting:
On the motion of Patti Haney/Diane Thompson, the committee VOTED: unanimously to approve an article for the November Town Meeting for $l0,000 to create a handicapped trail at the Bartolomei property.

With regard to the Historic Resources Fund, Jessica Erickson advised the state match funds should be received by October 15th.

On the motion of Patti Haney/Kevin Andrade, the committee VOTED: to approve an article for the November Town Meeting adding an amount of money to the Historic Resources Reserve to reach the 10% required by the CPA.

Discuss Affordable Housing Development Fund and Retention Fund:
Peter Clark asked for a discussion on the Retention Fund, its uses, whether the money is well placed and take a look at other possible uses. Since 2006, only$137,000 has been spent . Following discussion, the committee agreed to have Jessica Erickson review the language of the guidelines and determine what is allowed. The matter will be considered at a future meeting in order to invite the Falmouth Housing Authority and other housing advocates who might have a use for the fund.

At this point, Peter Clark and Patti Haney recused themselves while members heard from Chair Barbara Schneider concerning a letter sent to the Board of Selectmen on August 20th from Affordable Housing Committee Chairman Edward Schmuhl; Falmouth Housing Trust President Joseph Martinho and Town Planner Brian Currie. The letter was in reply to a proposal from the Falmouth Housing Corporation for $533,000 from the Development Fund for the Veteran’s Park affordable housing project comprising 39 units. The committee’s attention centered on the fourth condition: that an article at a future town meeting would have $333,000 be reimbursed back to the Development Fund come from the former Land Bank Fund be reimbursed to the Development Fund.

Chair Barbara Schneider noted the Community Preservation Coalition had reservations about this action and members should be concerned about protecting the process – a request made to the CPC and a determination that it meets the goals and subsequently recommended at town meeting. 
 

Jessica Erickson suggested that the Falmouth Housing Corporation could submit a proposal to the CPC requesting the $333,000 be transferred into the Development Fund.
Member Diane Thompson, who represents the Affordable Housing Committee, stated she was comfortable with this process and it was their intent to have the Falmouth Housing Corporation apply to the CPC for the $333,000.

Following discussion, on the motion of Kevin Andrade/Heidi Walz, the committee VOTED: 4-0 with two recusals to reply to the Board of Selectmen suggesting the fourth condition be amended to allow the Housing Corporation to submit a formal proposal to the CPC for $333,000 to come from the Development Fund. 

Consider Revised Scope of Work for Edward Marks Building Rehabilitation:
A letter from Assistant Town Manager Heather Harper to the CPC requested a second peer review by a structural engineering firm and expending $2000 from the existing award. Members suggested Jessica forward a letter to the building commissioner and copy to Heather Harper and the Building Committee stating their concern about whether there should be an objective third party involved; that it will be within the scope of work and not impact the original contract.

Report from Green Pond Harbor Management Plan Project Liasions:
Liaisons Diane Thompson and Ed Schmitt were asked to review the Green Pond Harbor Management Plan. The plan raised several questions from the team such as: what new information did the report provide. Can the plan be used as model for other coastal ponds. How will the study help preserve open space.

Following discussion, members agreed to invite the Coastal Ponds Management Committee to a meeting to answer their concerns.

Staff Report:
Jessica Erickson reported the following:

Falmouth has received a designation as a PRESERVE AMERICAN COMMUNITY in a letter from Michelle Obama. The letter cited that Falmouth is community that will hold a treasured place in the American story. The Chamber of Commerce will be putting together an event to celebrate. Jessica stated a lot of work from the CPA was used to name Falmouth as one of the designated communities. Historic Highfield was the featured project submitted.

Plans for the one-day workshop are in place for September 9, 2009. The Resource Development Office will conduct a one-hour workshop on creative writing grants and Jessica will present the CPC Plan. A press release was given to the Enterprise and Heather Harper will do outreach with the department heads.

Bill Schedule:
Main Street Library - $2,546 payable to to JK Scanlan - Matter Held

Meeting Minutes:
The minutes of the August 13, 2009 meeting were approved with changes.

Old Business:
Chair Barbara Schneider spoke to the CPC Working Group’s site visit to the Bartolomei property to view the property with the house torn down. The regular meeting of the Working Group will be rescheduled.

Chair Barbara Schneider asked members to look at their fall and winter travel plans for discussion at the September 3rd meeting.

There being no further business, the committee adjourned at 8:30 PM to meet again on
Thursday, September 3, 2009 at 7:00 PM in the School Administration Building.

Respectfully submitted by: Mary J. Little Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
SEPTEMBER 3, 2009

Members Present: Chair Barbara Schneider; Vice-Chair Ralph Herbst; Clerk Patti Haney; Peter Clark; Diane Thompson; Heidi Walz; Ed Schmitt; Ken Gartner
Absent: Kevin Andrade

DISCUSS AFFORDABLE HOUSING RETENTION FUND;
Patti Haney recused herself from this discussion.
Mr. Thomas L. Lacey, Executive Director of the Falmouth housing Authority, appeared before the committee to answer questions arising from his memo of June 8, 2009 wherein he stated that the monies added to the Retention Fund over the years were geared toward the purchase of Gosnold Grove Apartments in East Falmouth. Since Gosnold Grove was sold to a private corporation and no longer in the picture, he believed that $300,000 of the remaining $566, 617 could be transferred into the Development Fund to help create housing. 
He cited a downturn in the real estate market and most of the affordable units are bound by the older deed restrictions which are based on fair market value rather than income based deed restrictions. This result allows the 80% median income families to pay the lower real estate sales prices. 
Although the Retention Fund has no set of guidelines, the special condition in the Letter of Agreement has functioned as “guidelines.” Mr. Lacey stated he saw no reason to improve them.
Jessica Erickson advised there has been discussion about monitoring the Retention Fund and a concept might be forthcoming. The cost of any proposed monitoring plan for the affordable units would be funded from the Retention Fund.

VOTE ARTICLE LANGUAGE FOR NOVEMBER 2009 TOWN MEETING;
The committee reviewed the language of Articles l (Bartlolomei Project) and Article 2 (Historic Resources Reserve) and with minor changes, on the motion of Patti Haney/Heidi Walz, the committee VOTED: unanimously to approve the Articles 1 and 2 language. 

VOTE LETTER OF AGREEMENT FOR BARTOLOMEI FUNDING:
The committee reviewed the Letter of Agreement between the 300 Committee and the CPC for the Bartolomei project. Members agreed the Conservation Committee should be a signatory.
Jessica referred to the Special Condition, which gives the 300 Committee responsibilities for stewardship and maintenance. She suggested the DPW should be a coordinator.

On the motion of Patti Haney/Peter Clark, the Committee VOTED: unanimously to approve the language in the Letter of Agreement and such language that Town Counsel Frank Duffy might require for the Conservation Committee.

CONSIDER REVISED SCOPE OF WORK FOR EDWARD MARKS BUILDING:
In a memo from Assistant Town Manager Heather Harper, she and Building Commissioner Eladio Gore agree that a third party structural engineer is appropriate in
determining whether a major threat to the structure needs to be addressed in order to occupy the building.
The original contract was for $40,000, of which $20,000 has been spent to date. The third party survey will cost about $2000. This work is considered to be within the scope of the contract.
Following discussion, on the motion of Peter Clark/Patti Haney, the committee VOTED: unanimously to secure the services of a third part structural engineer, upto $2000, for the Edward Marks Building as part of the scope of work.

STAFF REPORT:
Jessica Erickson reported the following:

Ten people have signed up for the workshop to be held in the Selectmen’s Meeting Room. The Barnstable County Resource Development Office reviewed the CPC application. They suggested one change and felt it was well done.

Jessica reported on her conversation with Bob Murray for an update on the Veterans Park Apartments Funding. He has secured two grants for $100,000 each. The Board of Selectmen determined the Falmouth Housing Corporation can file a proposal for $333,000. Monies could come from a transfer of funds from the Retention Fund to the Development Fund.

The Community Preservation Coalition is attending a legislative session at the State House on September 29th to seek approval for a 75% guaranteed state match. Chair Barbara Schneider said she planned on attending. Members are welcome to join her.

MEETING MINUTES: 
The minutes of August 27, 2009 were approved with changes. Ken Gartner and Ralph Herbst abstained.

OLD BUSINESS:
Jessica reminded members that they usually appoint a subcommittee to initially review the new proposals. Peter Clark and Heidi Walz offered to serve on the subcommittee.

Chair Barbara Schneider and Jessica Erickson met with Betsy Gladfelter and Charles McCaffery of the Coastal Ponds Management Committee regarding the Green Pond Management Plan. It was agreed that Liaisons Ed Schmitt and Diane Thompson will
formally send their list of questions to them for comment by October 22nd. The Coastal Ponds Management Committee will be meeting with the Board of Selectmen and public
comment will be taken at that time. However, members felt strongly that scrutiny should be the responsibility of the CPC and its preservation of the open space aspect. Ralph Herbst asked if Ed and Diane can determine from the committee if they feel the plan is adequate in terms of what the state might require. 

Ralph Herbst asked if there was an update on the Childrens" School of Science project. Jessica advised she emailed the Board asking them to provide an update and timeline to allow Diane Thompson to follow up

Members discussed the Fall and Winter schedule. They agreed to meet on the following dates:

October 8 and 22
November 5 and 19
December 3 and 17
January 14 and 28, 2010

NEW BUSINESS: 
In discussing potential CPC joint meetings, Peter Clark mentioned a future Retention Fund meeting. Diane Thompson said the Affordable Housing Committee has asked for a meeting with the CPC and Board of Selectmen.

In the matter of potential site visits, Peter Clark suggested the Edward Marks Building and Ed Schmitt proposed the Oyster Pond Phragmites project.

There being no further business, the meeting adjourned at 8:35 PM to meet again on
Thursday, October 8, 2009, at 7:00 PM in the School Administration Building.

Respectfully submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
OCTOBER 8, 2009

Members Present: Chair Barbara Schneider; Vice-chair Ralph Herbst; Heidi Walz; Ed Schmitt; Peter Clark; Diane Thompson; Kevin Andrade; Asst. Planner/Community Preservation Jessica Erickson.
Absent: Patti Haney; Ken Gartner

Chair Barbara Schneider recognized Daniel Shearer. Speaking as a resident and not for the Finance Committee, Mr. Shearer asked the committee to consider the Odd Fellows Hall, which is displaying signs of mildew. He also expressed his concern for the condition of the walls in the downstairs offices at the Edward Marks OfficeBuilding. 
Chair Barbara Schneider advised Mr. Shearer the committee cannot act on these matters unless an applicant comes forward with a proposal.

Distribute proposals for CPA Funding:
· Project Eligibility Review Team Report:
Jessica Erickson referred members to a memo from Associate Town Counsel Patricia Harris in reply to the committee’s request for legal guidance regarding the terms “rehabilitation” versus “preservation” when reviewing applications for CPA funds. This request was a result of two pending applications by the Falmouth Housing Trust and Cape Cod Apartments.

Proposal #1 - The Cape Cod Apartments, located at 62 Locust Street and built in l968 by HUD, deed restricted until 2021, are seeking $750,000 in CPA funds to replace exterior windows and doors to preserve and support community housing.

The committee must decide whether this project is rehabilitation or preservation. Following discussion and with many questions left to be answered, members agreed to hold the matter and allow the review team to report back in two weeks.

Proposal #2 – A request by the Falmouth Housing Trust to preserve the exterior of the Gerald Flynn House located on Palmer Avenue. Members stated their concerns over the lack of a written description on how they will meet the Secretary of Interior’s Standards; Addendum #2, which provides for supplemental information for historic preservation was not completed and the proposed materials for the windows would not be approved by the Historic Districts Commission’s standards.

Following discussion, the committee VOTED: 6-0 with one abstention to have Jessica Erickson contact the Falmouth Housing Trust about the significant issues with the proposal even as the committee moves forward with their normal procedures.

Proposal #3 involves a transfer of funds ($333,000) from the Retention Fund to the Development Fund for the Veterans Park Affordable Housing Project. (Peter Clark recused himself from this discussion.) 

Chair Barbara Schneider informed members the Board of Selectmen has approved transferring the funds to the Development Fund.

Proposal #4 – An application by the Falmouth Historical Commission seeking $7600 under the Historic Resources category to undertake a Historic Preservation Deed Restriction Program.

Assign Review Teams:
Cape Cod Apartments: $750,000 Patti Haney/Ralph Herbst/Kevin Andrade

Gerald Flynn House by Falmouth Housing Trust: Community Housing and Preservation - $25,161. Peter Clark/Heidi Walz/ Kevin Andrade

Falmouth Housing Corporation/Veterans Park Affordable Housing Project: Heidi Walz/Ken Gartner.

Falmouth Historical Commission Deed Restriction Program: Ed Schmitt/Diane Thompson. 

The committee received a letter from Chairman of the Historic Districts Commission, Nathaniel Ross, requesting the CPC to consider an application for the November round of CPA funding. The HDC was recently informed they are eligible for a MHC survey and planning grant. The HDC needs to meet as a board to vote on moving forward with both grants.
On the motion of Peter Clark/Heidi Walz, the committee VOTED: unanimously to extend the filing deadline to November 5th.

Review Deed Restriction for Waquoit Congregational Church:
The committee reviewed the draft language for the historic preservation deed restriction. CPC historic preservation consultant, Eric Dray, had incorporated his recommendations.

Following discussion, on the motion of Peter Clark/Diane Thompson, the committee VOTED: unanimously to approve the wording for the deed restriction, subject to review of the Town Counsel. The committee also agreed to explore the inclusion of a condition to cover an unforeseen move of the building from its present site.

Consider Written Project Report from Children’s School of Science:
The committee received a letter dated October 7th from Kinnaird Fox, President of the Board of Directors, stating their intent to divest themselves of the building. They feel they will have a clear decision on their course of action by August 2010. Members expressed their concern that the funds ($135,000) could be tied up for a year or more beyond August 2010, if the building were not sold.

Following discussion, on the motion of Peter Clark/Kevin Andrade, the committee VOTED: 5-1 and one abstention to notify the School the committee wants a clear
decision by August 2010, if not sooner, and their course of action must include completion of the project by September 2011.
Ed Schmitt offered an amendment to extend the completion date to September 2012. There was no second to the motion.

Vote Funding Recommendation for Historic Resources Reserve:
The committee must decide what amount of money will be recommended for the Historic Resources Reserve Fund for November’s town meeting. Previous discussion yielded adding $20,000 to insure meeting the 10% requirement. Jessica advised the state matching fund figures are due by October 15th. The committee can also elect to make their recommendation on town meeting floor.

On the motion of Kevin Andrade/Heidi Walz, the committee VOTED: 6-1 to recommend adding $20,000 to the Historic Resources Reserve Fund at November town meeting.

Chairman’s Report on Senate Bill 90 Hearing:
Chair Barbara Schneider reported on her appearance at the Committee on Community Development and Small Business regarding Senate Bill 90 – An Act to Sustain Community Preservation. The CPA Coalition presented 3 panels of 11 persons each. The committee received 125 pages of written testimony and amending the recreation category was a major part of the proceedings. Senator Therese Murray is in favor of its passage.

Staff Report:
Jessica Erickson reported the following:

Jessica gave a brief summary on the CPA workshop she organized on September 20th on the specific uses of the four categories under the CPA. The Barnstable County Resource Office participated in the discussion by focusing on the various funding sources available especially for groups working for the towns

Approve Bill Schedule:
· Woods Hole Library Windows - $31,368.50. Matter Held pending installation of windows.

Approve Minutes:
The minutes of September 3, 2009 were approved with changes.

Old Business:
Ralph Herbst suggested setting dates for site visits.

New Business:
Chair Barbara Schneider asked members to forward any potential agenda items they would like to discuss for the joint meeting with the Board of Selectmen.

Ralph Herbst extended members an invitation to join him as a volunteer on a Habitat for Humanity project on the upper Cape at some point in the future.

There being no further business, the meeting adjourned at 9:50 PM to meet again on Thursday, October 22, 2009 at 7:00 PM in the School Administration Building.

Respectfully submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
OCTOBER 22, 2009

Members present: Chair Barbara Schneider; Vice-chair Ralph Herbst; Clerk Patti Haney; Peter Clark; Heidi Walz; Diane Thompson; Ken Gartner; Asst. Town Planner/Community Preservation Jessica Erickson.

Absent: Kevin Andrade, Ed Schmitt

Chair Barbara Schneider opened the meeting at 7:00 PM in the School Administration Building.

CONDUCT CPA PROPOSAL INTERVIEW:
o Historical Commission – Historic Preservation Deed Restriction Funding. Review Team Diane/Ed.
Sheryl Kozens-Long, representing the Falmouth Historical Commission, appeared before the committee to answer comments posed by the review team. She wants to utilize the models and guidelines from the Cape Cod Commission. There is also one that Nantucket has created. As for a budget, she stated they will have a better idea of the number of restrictions by the end of the first year.

Members felt that Jessica and Eric Dray might work with Sheryl to quickly develop the model and suggest guidelines to the CPC to fund the Historic Preservation Deed Restrictions.

Review team member, Diane Thompson, suggested that because of the perpetuity status, the Historical Commission might consider drawing on a designated fund for the implementation and monitoring of Historic Preservation Restrictions.
Matter was held until the November 5th meeting.

CONSIDER REVIEW TEAM COMMENTS FOR CPA FUNDING PROPOSALS:

§ Falmouth Housing Trust – Flynn House: (Peter/Heidi Review Team)
This request for $25,161 under the Community Housing and Historic Resources categories was considered by the review team. They determined the project does not fall under the Community Housing category because the community housing provided by the Flynn House was not “created” or “acquired” with CPA funding.
In order to apply under the Historic Resources category, the scope of work must be consistent with the Secretary of the Interior’s Standards. The CPC determines the need for deed restrictions on a case by case basis. 

Anne Saganic, Executive Director of the Falmouth Housing Trust, stated they could not meet the standards required for historic preservation. She said she would speak to her board.

On the motion of Peter Clark/Heidi Walz, the committee VOTED: unanimously to allow an amended version of the application that would allow the Trust to pursue design funds for the project that would meet historic resources eligibility.

On the motion of Peter Clark/Diane Thompson, the committee VOTED: unanimously to ask Jessica to notify the Housing Trust they have engaged in conversation with the Cape Cod Apartments to discuss options that could qualify for CPA funds.
§ Cape Cod Apartments: (Patti/Ralph/Kevin Review Team)
This request for $750K under the Community Housing and Historic Resources categories was considered by the review team.

Patti Haney and Kevin Andrade said, by the definition of town counsel, this project doesn’t meet the qualifications under community housing because it was not “created” or “acquired” with CPA funding and they felt it was extraordinary maintenance. Ralph suggested the committee consider an expanded view of “support” referred to in town counsel’s memo.

At this point, the committee voted to table the matter until later in the evening.

After resuming discussion, Patti Haney offered a motion, seconded by Diane Thompson to declare the project ineligible, as written, under the community housing category because the project was not “created” or “acquired” with CPA funding and would require extraordinary maintenance.

On the request of Peter Clark/ Ralph Herbst, Patti Haney/Diane Thompson agreed to add to the motion that Jessica consult with the applicant to determine if any portion of the project would fit the definition of preservation. The committee VOTED: unanimously to accept the expanded motion.

§ Affordable Housing Development Fund: (Heidi/Ken Review Team)

(Peter Clark and Patti Haney recused themselves from this discussion)
Jessica’s memo advises town counsel is reviewing the Development Fund’s guidelines and will be preparing recommendations to address the conflict of interest issue etc.

The review team recommends that applicants seeking monies from the Development Fund be required to describe efforts to secure other funding sources for their project.

On the motion of Heidi Walz/Diane Thompson, the committee VOTED: unanimously to declare this project eligible for consideration.

REVIEW DEED RESTRICTION FOR WAQUOIT CONGREGATIONAL CHURCH:
Jessica reported the changes voted at the September 8th meeting were accepted by Town Counsel and Laura Moynihan, counsel for the church. Draft #5 was presented to the committee with the addition of one line that states any future changes to the church building would require the written approval of the Falmouth Historical Commission.

On the motion of Peter Clark/Patti Haney, the committee VOTED: unanimously to approve Draft #5 of the Waquoit Congregational Church Deed Restriction.

Members reviewed Amendment #1 to the Letter of Agreement between the Church and the CPC, which sets out the payment schedule. 

On the motion of Patti Haney/Peter Clark, the committee VOTED: unanimously to release funds directly to the contractor, Structures North Consulting Engineers with approval by the church.

CONDUCT JOINT MEETING WITH COASTAL PONDS MANAGEMENT COMMITTEE: (Ed/Diane Review Team)
Chair of the Coastal Ponds Management Committee, Charles McCaffery and members, Betsy Gladfelter and George Hampson, appeared before the committee to clarify issues raised by the review team. They thanked the CPC for supporting three previous projects.

Mr. McCaffery advised the Board of Selectmen is seeking management plans for the 14 ponds and harbors in town. With the information, the CPMC can make quantitative assessments for the other ponds. The facts may be known but the relationships are not.
As for preserving open space, the water bodies could be harmed by human activities. Reducing certain activities creates open space. The new eco based management called for by the state is referred to as marine spatial planning. It will apply zoning to all the water bodies. An approved Harbor Management Plan makes it difficult for the state to override local approval. They added they are seeking a grant through the Massachusetts Environmental Trust for Eel Pond.

HEAR REPORT ON FY-2010 CPA STATE MATCH AND FY-2011 PROJECTION
Jessica advised that the state has released the third round of matching funds. The state match has been set at 36.9% and Falmouth will receive $776,354. Annual revenues have risen to allow the %10 minimum state match toward each of the three eligible categories.

VOTE REVISED FUNDING RECOMMENDATION –HISTORIC RESOURCES RESERVE

Jessica stated that with the increase in state match funding, the committee should recommend an amount necessary to meet the 10% in the Historic Resources Reserve Fund and the committee’s recommendation should be adjusted from its past vote of $20,000 to $35,000.

On the motion of Patti Haney/Diane Thompson, the committee VOTED: unanimously to recommend $35,000 to the Historic Resources Reserve Fund at the November town meeting.

STAFF REPORT:
Jessica Erickson reported the following:
Town Counsel Frank Duffy is developing a Conflict of Interest workshop, which might consist of a document or presentation.

The Cape Cod Commission is conducting a workshop on Historic Districts design review on October 27th in the Harwich Community Center from 3:30 to 5:00 PM.


Eric Dray will address design review guidelines. Jessica will speak to historic district decision writing and due process.

APPROVE USE OF LAND BANK/CPA OPEN SPACE PARCEL SURVEYING:

On the motion of Patti Haney/Heidi Walz, the Committee VOTED: unanimously to accept Falmouth Engineering’s estimate of $1,360 plus $100 per bound (6).

BILL SCHEDULE:
Woods Hole Library Windows - $31,368.50 APPROVED

MEETING MINUTES: With one abstention, the committee VOTED: to approve the minutes of October 8, 2009 with changes.

NEW BUSINESS: The committee will vote the funding recommendations at the November 19th meeting - the public hearing will be scheduled for December 3rd. The Letters of Agreement will be voted at the January 7th meeting.


There being no further business, the committee adjourned at 10:15 PM to meet again on Thursday, November 5, 2009 at 6:00 PM in the School Administration Building.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
NOVEMBER 5, 2009

Members Present: Chair Barbara Schneider; Vice-chair Ralph Herbst; Clerk Patti Haney; Peter Clark; Kevin Andrade; Ken Gartner; Diane Thompson; Ed Schmitt; Asst. Town Planner/CPA Jessica Erickson.
Absent: Heidi Walz

Chair Barbara Schneider opened the meeting at 5:30 PM in Civil Defense Room at Town Hall.

 

CONDUCT CPA PROPOSAL INTERVIEWS:
AFFORDABLE HOUSING DEVELOPMENT FUND:
Peter Clark and Patti Haney recused themselves from this discussion.
Director of the Falmouth Housing Corporation, Robert Murray, appeared before the committee to update them on the tax credit situation. He stated the situation is not bright and they continue to bear the cost of the VFW project pending a better outcome in the market.
Chair Barbara Schneider and Jessica are working with Assistant Town Counsel Patricia Harris on the guidelines. She stated the committee will invite the three housing entities to a meeting. It will be limited to the application process and release of funds.

FALMOUTH HOUSING TRUST – FLYNN HOUSE:
At the last meeting, Jessica stated she was asked by the committee to confer with Ann Saganic of the Falmouth Housing Trust and Assistant Town Counsel to determine if the $25,000 request can be funded by the CPA. The Falmouth Housing Trust revised their application to seek $8000 for the repair of the roof.

Both Messrs Clark and Andrade considered the roof as a long-range capital improvement and did not view this revision as preservation. Peter Clark added he would be more inclined to put the monies into creating new affordable housing.

Ralph Herbst disagreed stating he considered it protection from injury, harm or destruction.

On the motion of Peter Clark/Kevin Andrade, the committeeVOTED: 6-2 against the project because it does not fall under the eligibility standards.

CAPE COD APARTMENTS:
Susan Zavala and Thomas Gorton, members of the Board of Directors for the Cape Cod Apartments appeared before the committee.
Mrs Zavala explained the 83 unit-complex is funded by rent in the $399-599 range based on the resident’s income.12 of the units are Section 8, a HUD subsidized program.

When asked by Patti Haney if they have a 5-year capital improvement plan, Mr. Gorton stated they do have a plan in place, but HUD, who holds the mortgage, and conducts the inspections have concerns with the windows. They do not have adequate locks and lack energy efficiency. 

When asked if they have sought other funding possibilities, Mrs. Zavala replied they are looking but have not been successful. Chair Barbara Schneider urged them to contact the Barnstable County Resource Development Office.

Because the project was considered rehabilitation of an existing structure and cannot be funded with CPA monies, on the motion of Kevin Andrade/Diane Thompson, the committee VOTED: 6-2 against the project finding it ineligible.

APPROVE REVISIONS TO BARTOLOMEI LETTER OF AGREEMENT:
Jessica reported that Assistant Town Counsel Patricia Harris has reviewed the Letter of Agreement and offered several suggestions.

Following discussion, on the motion of Patti Haney/Ralph Herbst, the committee VOTED: unanimously to approve the Letter of Agreement but delete Special Conditions #3 and 4.

APPROVE REVISIONS TO LONG POND PUMPING STATION PROJECT BUDGET:

Patti Haney explained this item is before the committee because of a shift in line items, which are acceptable within the scope of work. The project came in under budget and the balance of monies will revert to the Historic Resources fund.

On the motion of Patti Haney/Ed Schmitt, the committee VOTED: unanimously to accept the line item changes as proposed by Water Superintendent William Chapman and consultant, Tata & Howard.

APPROVE BILL SCHEDULE:
· Oyster Pond Environment Trust - $2400
· Long Pond Pumping Station – Vareika Const. -$79,047.98
· Long Pond Pumping Station – Tata & Howard - $926.00
Motion to approve by Kevin Andrade/Patti Haney VOTED: unanimously

STAFF REPORT: Jessica Erickson reported the following:

The Preserve America Award to the Town of Falmouth presentation will be delivered by Sheryl Kozens-Long and Chamber of Commerce Director Jay Zavala at Town Meeting. 
A formal ceremony will be held on Sunday November 15th at 12 Noon at Highfield Hall.
Sites funded by the CPC will be made available for viewing during the day.

MEETING MINUTES: With two abstentions, the committee VOTED: to approve the October 22, 2009 minutes with changes.

OLD BUSINESS: 
In the matter of the Historic Districts Commission application, review team members Ed Schmitt and Diane Thompson will be meeting Monday, November 9th. Falmouth has been selected as one of 18 towns eligible to apply for funding to the Massachusetts Historical Commission.

There being no further business, the committee adjourned at 7:00 PM to meet again on
THURSDAY, NOVEMBER 19, 2009 AT 7:00 PM IN THE SCHOOL ADMINISTRATION BUILDING.

Submitted by: Mary J. Little/Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
DECEMBER 3, 2009

Members Present: Chair Barbara Schneider; Vice-chair Ralph Herbst; Clerk Patti Haney;
Peter Clark; Ed Schmitt; Diane Thompson; Heidi Walz; Ken Gartner; 
Asst. Town Planner/Community Preservation Jessica Erickson
Absent: Kevin Andrade

CPA PROJECT UPDATES:
v Oyster Pond Environnmental Trust Phragmites Control Project. 
Wendi Buesseler of the Trust appeared before the committee to update them on their project to eradicate the phragmites in Oyster Pond. They had the assistance of the Americorp volunteers. She produced a map outlining the areas of treatment - about 1 1/2 acres. Plan is to go in this winter to mow down the dead debris. Completion of the cutting and dripping with herbicide will start again in the spring with the help of the Americorps volunteers.

v Preservation and Restoration of the Methodist Society Burying Ground.
Robertson P. Dinsmore, representative of the John Wesley United Methodist Church, submitted a written project report. The project is 75% completed. Estimated completion date is June 2010. They also submitted a brochure detailing the history and description of the Burying Ground.

DISCUSSION AND ACTION ON AFFORDABLE HOUSING DEVELOPMENT FUND:
Peter Clark recused himself from this discussion. Patti Haney stated she has resigned
Her membership with the Falmouth Housing Corporation and is eligible to sit in on the discussion.)

Chair Barbara Schneider said members need to give Jessica guidance for the crafting of a Development Fund article for the Spring Town Meeting.

On the motion of Ed Schmitt/Patti Haney, the committee VOTED: unanimously to authorize Jessica, in association with Associate Town Counsel, to write an article for the Development Fund for April Town Meeting to: 1) correct the previous four articles establishing jurisdiction For CPC appropriations: 2) naming the CPC as the review team and the Board of Selectmen as the final authority for the release of funds; 3) management and jurisdiction to expend Development Fund monies shall not be under the control of the Falmouth Housing Trust, Affordable Housing Committee and Falmouth Housing Corporation. Affordable Housing guidelines will be approved by the CPC.

Chair Barbara Schneider stated the CPC will finalize the guideline language in cooperation with the three housing entities. 

Robert Murray of the Falmouth Housing Corporation was happy to hear the Affordable
Housing groups will have a voice in the creation of guidelines. He added that should he
be successful in obtaining the tax credits, it will occur because of the additional funds added to the Development Fund from the Retention Fund.

CONDUCT PUBLIC HEARING ON PRELIMINARY CPA FUNDING RECOMMENDATIONS:
Chair Barbara Schneider called the public meeting to order at 8:10 PM stating the committee has made their preliminary decisions on the project proposals:

1) A proposal of the Historical Commission to create a Deed Restriction Program. 
It is proposed to appropriate $5600 from the Administrative Budget to cover
consultant fees.

2) A proposal of the Historic Districts Commission to create Design Guidelines. 
They are seeking $20,000 to seek a RFP to hire a preservation consultant. 
They have applied to the Mass. Historical Commission for a grant.

3) A transfer of $333,000 from the Retention Fund to the Affordable Housing
Development Fund.

The only public comment came from Nancy Hayward. As a member of the Historical Commission and town meeting member, she stated she could not support the Historical Commission’s proposal. She stated she did not participate in the writing of the proposal. She also stated she understood the Historical Commission would hold the deed restrictions on CPC projects. 

Ed Schmitt offered to prepare a guidelines document identical to one created for the Town of Plymouth by consultant, Eric Dray at no cost to the Town other than an estimated $1500 for typing the 125 page document. The offer was rejected by members.
There being no other public comments, the public meeting portion closed at 8:15 PM.

DELIBERATE AND VOTE RECOMMENDATIONS FOR ACTIONS FOR APRIL 2010 TM
§ Historical Commission Deed Restriction Program:
On the motion of Diane Thompson, Patti Haney, the committee VOTED: unanimously
to fund the Deed Restriction Program for $5600 from the FY’10 Administrative Budget.

§ Historic Districts Commission –Creation of Design Guidelines:
On the motion of Patti Haney/Heidi Walz, the committee VOTED: 6-1 to appropriate
up to $20,000 from the Historic Resources FY’ll state match to support a historic
preservation consultant to work with the Historic Districts Commission in the creation
of design guidelines.

§ CPA Administrative Funds:
Chair Barbara Schneider stated the committee may have to submit an article with no monies attached.
Town Planner Brian Currie is proposing to cut monies from his budget that funded monies for staff commitment for the Historical and Historic Districts Commission. The town manager and assistant town manager will be meeting with him. This will necessitate holding this matter until January 7th.
 

CPA Reserve Funds:
On the motion of Patti Haney/Heidi Walz, the committee VOTED: unanimously to make
an adjustment for the state match portion of the Reserve Funds at the special TM.

On the motion of Patti Haney/Ralph Herbst, the committee VOTED: unanimously to
transfer $333,000 from the Retention Fund into the Affordable Housing Development Fund.

CONSIDER SPECIAL CONDITIONS FOR CPA PROJECTS:
The only special condition to be inserted in the Letter of Agreement for the Historic
Districts Commission proposal is wording that states if the Mass. Historical Grant is
awarded to Falmouth, the monies ($12,000) shall revert to the CPA fund. The Commission must hold a public hearing to solicit input for the proposed design guidelines prior to the preparation of the final document.

STAFF REPORT:
Jessica Erickson reported the following:
Jessica submitted a summary of CPA Initiatives for the years 2005-2009.
In addition, she submitted a summary of CPA Initiatives for 2010. It includes three
recommended areas for the CPC to consider adopting as focus areas for the next phase of the town’s community preservation efforts. She stated she looks forward to their input. Members thanked Jessica for her thorough analysis.

BILL SCHEDULE:
• Methodist Society Burying Ground - $2m941.90 payable to Donna Walcovy
• Waquoit Congregational Church - $6,726.68 payable to Structures North
On the motion of Peter Clark/Patti Haney, the committee VOTED: to approve the schedule.

MEETING MINUTES:
The minutes of November 19th were VOTED with two abstentions.

NEW BUSINESS:
Chair Barbara Schneider advised members she asked for a Joint Meeting later in January with the Board of Selectmen. One of the goals is a presentation by the Affordable Housing Trust and their feedback on what they are willing to support. There will be a discussion of the Development Fund and the need to clarify its purpose. The concept for a Municipal Housing Trust Fund will also be a subject for discussion. The housing groups expressed their wish to be at the joint meeting.

In February, she would like to schedule a joint meeting with the four housing groups.

In March, the committee will discuss, if necessary, the movement and adjustment of monies for town meeting.

There being no further business, the committee adjourned at 9:50 PM to meet again on
Thursday, January 7, 2010 at 7:00 PM in the School Administration Building

Submitted by: Mary J. Little, Recording Secretary