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

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

Email: cpfund@falmouthmass.us

 

2013 Meeting Minutes

JANUARY 10, 2013

Members Present: Chair Peter Clark; Vice-Chair Patti Haney; Clerk Ken Buckland; Sandy Cuny; Ralph Herbst; Peter Kroll; Michael Powers; Heidi Walz.
Community Preservation Planner Deborah Converse.

Chair Peter Clark opened the meeting at 7:00 PM in the School Administration Building.

PUBLIC COMMENT: None

DISCUSS AND ACT ON SPRING BARS ROAD MATTERS:

ReportProgess with Master Plan for Open Space Parcel:
Ken Buckland advised that Horsley and Witten submitted revised master plan for the restoration and improvements. They are coming back on January 30, 2013 with a further revised concept and cost estimates. Horsley and Witten discussed the possibility of moving vegetation and plant materials from the housing piece to the other parcel It could also be an option for the developer. Discussion on maintaining the access from the south and within the open space, parking and the community gardens are still matters to be decided. The Agriculture Committee sent in data for consideration. The public meeting is slated for February.

Report on Cape Cod Commission Scope of Work:
Ralph Herbst, Patti Haney, Sandy Cuny and Deborah Converse attended a meeting with the Cape Cod Commission that focused on the housing portion of the Spring Bars Road project. The commission outlined their plan to provide technical assistance. They will focus on the infrastructure needs to support the project; review the financial feasibility of the 30 units and redevelopment in the surrounding area. They will be submitting interim reports. Their final report is scheduled for mid March.

ACT ON PROJECT INTERVIEWS:
River Bend Silo Application:
In attendance and representing the River Bend Silo group were: Ann Sears, Leslie Lichtenstein and Stan Ingram. Administrator Jessica Whritenour of the 300 Committee was also present.

Deborah Converse spoke to Ron Smolowitz, Treasurer of the Coonamessett Farm Foundation, about their decision to finance the $25,000 escrow account and was told they will not fund the escrow account.

Ann Sears presented their proposed fund raising plan. To date, they have $7,940. They listed sources for pending efforts to raise more funds. They made inquiries to the State Historical Commission and the National Barn Alliance and met with no success. She hoped the monies raised could be added to the maintenance fund. Peter Clark stated
when the CPC discussed this project we were told the Friends of the Silo group would raise money for restoration.

Heidi Walz stated she was happy with the good faith effort they made. She felt secure in offering a motion that the monies raised by River Bend Silo group could be contributed to the establishment of a maintenance fund. Sandy Cuny agreed to second the motion and stated she would prefer the CPC look at the full cost of restoration. 

When asked by Ken Buckland if the money is not raised for maintenance, what would be the cost to demolish the silo, Jessica Whritenour replied the demo and disposal estimates are $5000. When asked by Ralph Herbst if the silo is insured by the 300 Committee, she stated the 300 Committee has no insurance coverage for replacement costs and this would be an issue for consideration by the Board of Directors. 

Issues remaining include a decision by the Historical Consultant Eric Dray that the sealant is not required and he does a review of the structure and cost estimates. The 300 Committee will agree to extend the deadline beyond March 15th and if the Board of Directors will agree to obtain insurance estimates for the replacement cost of the silo.

On the motion of Patti Haney/Ken Buckland, the committee VOTED: to authorize Historical Preservation consultant Eric Dray to estimate the scope of work for restoration and maintenance and review the submitted bids and structural engineering report.

Chair Peter Clark advised the committee will commit to the warrant language at the next meeting.

ACT ON REPORTS ON SUBCOMMITTEE MATTERS:
Report from Recreation Subcommittee on scheduled public review of recreation criteria:
Deborah Converse submitted a list of contact persons in the recreation realm that will be invited to the public meeting to comment on the Recreation Rehabilitation criteria. The meeting is scheduled for February 24th in the Civil Defense Room at town hall.

Other Subcommittee Reports:
Patti Haney reported the Community Housing subcommittee will invite the woman who is in charge of the Homeless Prevention Program to speak to them. Her salary is being paid in part by the Falmouth Service Center and consideration is being given to provide an office for her in the Falmouth Housing Authority building.

Chair Peter Clark said he will schedule a meeting with the Executive subcommittee next Monday to discuss the restructuring of Deborah Converse’s position with the Planning Department. Town Manager Julian Suso is in the process of consolidating directors and departments.

Did you Know?

Ralph Herbst reported the CPC At-Large appointment is still vacant. He urged members to consider names to apply for the position. The appointment is made by the Board of Selectmen. The at-large term is up in June 2014. It was a three-year term.

STAFF REPORT:
Approval of Bills:

On the motion of Patti Haney/Heidi Walz, the committee VOTED: to approve the following bills for payment:
Community Preservation Coalition Membership - $7,500
Church of the Messiah – Woods Hole Cemetery - $1,952.21

Planner Report:
Deborah Converse submitted for review language for an article to be placed on the November warrant declaring the Spring Bars Road property surplus.

Chair Peter Clark advised the matter will be placed on the January 24th agenda for discussion.

The cost of the Historic Preservation Plan is being recommended as an article for the Special Town Meeting by the Finance Director. The monies would be shifted from the CPC’s Administrative budget. 
Deborah Converse submitted memos from the Coalition and DOR and Town Counsel stating it appears the CPC can fund the plan through the administrative budget.

Chair Peter Clark advised the matter requires a more careful review and slated the matter for discussion at the January 24, 2013 meeting decision.

Deborah provided a status of the CPA projects listing current expenditures and balances.
After review, the committee felt the Historic Reserve fund should be removed and the Community Housing projects should be listed with a value and nothing expended. The money was moved from Community Housing but is not listed in the Affordable Housing Fund balance of $1,078,652.

The Cape Cod Commission representatives will be at town hall January 16, 24 and 31 from Noon to 4:00 PM in connection with the Spring Bars Road project. Progress reports will be available in the CPC office.

Deborah Converse advised her position will be under the Planning Department after July 1, 2013.

Deborah Converse advised members they attended 72 subcommittee meetings this year. 

This is in addition to the regular CPC meetings, public meetings, project site visits, or meetings with town officials.

ACT ON MEETING MINUTES:
On the motion of Heidi Walz/Patti Haney, the committee VOTED: to approve the minutes of November 29, 2012 with changes. Ken Buckland abstained.

On the motion of Patti Haney/ Michael Powers, the committee VOTED: to approve the minutes of December 13, 2012 with changes. Sandy Cuny abstained.

There being no further business, the meeting adjourned at 9:00 PM to meet again on THURSDAY, JANUARY 24, 2013 AT 7:00 PM IN THE SCHOOL ADMINISTRATION BUILDING.

Submitted by: Mary J. Little, Recording Secretary

 

Executive Committee Meeting Minutes

1-17-2013
Community Preservation Committee 59 Town Hall Square, Falmouth, MA 02540
 

The Executive Committee met on January 17, 2013 at 8:30 a.m. in the 2nd floor meeting room at Town Hall.
Those present: Heather Harper, Ken Buckland, Patti Haney, Peter Clark and Deborah Converse
Agenda and minutes: 
• Clarify restructuring and integration of Community Preservation Planner into Planning Department with Town Management
The Assistant Town Manager, Heather Harper was asked to clarify the restructuring of the CP Planner ‘s position and reporting relationship to the Planning Department. 
The Planning Department Director and the rest of the staff will provide technical information and other support services to the CP Planner. In the review of agendas, the planner may advise on the handling and wording, and even the inclusion, of items but the CPC chairman continues to build the agenda in response to CPC needs and interests.
The expertise of CPC members in certain fields in the development of RFP’s was recognized by Ms. Harper, but she advised that the CP Planner must work to be sure that these contributions are integrated with Town processes and timetables for other business. If the CPC chair is concerned about progress he/she should consult with the Assistant Town Manager.
In the areas of financial management and procurement (RFPs and project contracts, for example) the role of the new Finance Director and that office will be evolving over the next year. The process for moving project recommendations to Town Meeting does not change, but the process for accounting for money under approved articles will be supported more efficiently. The CP PLanner will remain the primary line of communication to the CPC and will have to do the translating of Finance Office data into the forms and methods desired by the CPC.
• Discussion of Town Management’s plan for Community Preservation Planner’s time and responsibilities for FY-2014
As of July 1, 2013 the position will resume its full time position in the Planning Department. The primary service to the CPC will continue but will enhance the quality of service to the CPC with the extra resources from the Planning Department.
This will be set up as it was originally with integration in the Planning Department. Ms. Harper felt that the proportion of time was intended to stay as it was, with 80% focused on CPC business and 20% on related Planning activities, in historic preservation primarily.
The Executive Committee emphasized the uniqueness of the CPA legislation in requiring CPC recommendation of all expenditures of funds and the isolation of CPA revenues for the work defined by the legislation. 
Brian will oversee but will not be working directly with the CPC. The CPPlanner will continue to be the primary contact for the CPC.
• Discussion of placement of the Spring Bars Road land conveyance article on Town Warrant
This article to transfer the Spring Bars Road parcel for use as determined by the CPA law has been placed on the warrant. Ms. Harper alerted CPC members that the wording would place the action to convey exclusively with the BOS. The CPC would be requesting and could express its support. The article will be sponsored by the Board of Selectmen.
• Discussion of placement of budget item for funding of the Historic Preservation Plan
The CPC administrative budget will have the expense for the Preservation Plan as has been voted by the CPC. 
 

COMMUNITY PRESERVATION COMMITTEE MINUTES
JANUARY 24, 2013

Members Present: Chair Peter Clark; Vice-Chair Patti Haney; Clerk Ken Buckland; Sandy Cuny; Ralph Herbst; Michael Powers; Heidi Walz.
Community Preservation Planner Deborah Converse.

Chair Peter Clark opened the meeting at 7:07 PM in the Civil Defense Room.

PUBLIC COMMENT: None

CONDUCT AND ACT ON PROJECT INTERVIEW:

Silo Historic Preservation Project: Chair Peter Clark commented that articles for the special town meeting are due January 25, 2013. Recommendations and Explanations are not needed, but there needs to be place holding article language. There is a new piece of information in the report from the consultant, Eric Dray. Chair Peter Clark summarized: The report in large part endorses the work on the major part of silo already approved. He also endorsed the more minor repairs to the silo, such as removing and repairing the damaged masonry blocks. The $50,000 initial estimate is most likely higher than needed. The question of maintenance: once it is restored, it could be 15 years or more before any other work is needed. Mr. Dray indicated that there is not a price that can be predicted to cover maintenance. He suggested that liability insurance could be procured if T3C would want to have coverage. He estimated a $150,000 replacement value. He also suggested that the mortar be tested to make sure it is a match to the original. The amount of $1,860 would be well spent.
Committee members’ comments/questions:
Ralph Herbst asked if the original shingles on the roof were wooden. Ron Smolowitz said historically the roof would have been red cedar. But presently the red cedar isn’t great quality, so asphalt would probably work. It was decided to go back to Mr. Dray to ask which might be best.

Patti Haney asked who would pay for the insurance? The 300 Committee said they don’t know how much it would cost for insurance. Peter Clark said the issue might be what the insurance covers. He would question spending money on an insurance policy for replacing the building that would no longer be historic if something catastrophic were to happen. The 300 Committee said they will look into it. Peter asked that Deborah Converse look into the issue as well to resolve the issue in February. 

Ken Buckland asked who would pay for the consultant for the mortar analysis. Deborah Converse said it would be part of the CPC funding because it is part of restoring the historic structure.

Patti Haney moved to approve the place holder language for the article: “To see if the Town will vote to appropriate a sum of money from the Community Preservation Fund receipts for the purpose of historic preservation to pay for restoration of the Silo at The 300 Committee’s River Bend Conservation Area on Sandwich Road, to determine how same shall be raised and by whom expended, or do or take any action on the matter. On the request of the Community Preservation Committee.” Ken Buckland seconded, and the motion passed unanimously. 
 

RECEIVE PUBLIC COMMENTS ON PROPOSED RECREATION CRITERIA: Chair Peter Clark explained that under the new legislation the Community Preservation Committee can now invest in the rehabilitation and restoration of recreation facilities. However, funds still cannot be used for maintenance and they cannot invest in acquisition of artificial turf. 

Discussion to develop priorities for deciding on suitable projects: 
The 300 Committee presented a letter that was read into the record. They endorsed the effort to create criteria, and specifically endorsed five of the nine priorities 1,2,3,4 and 7 of the criteria.

Sandy Cuny raised the point that many recreation areas are overseen by other town committees and boards. Chair Peter Clark said they should be definitely be approached first, before the CPC steps in, and language should be added to inform applicants to talk to the relevant parties.

Krissy Frustari Ruzzo, president of Falmouth Little League, read a statement and questioned the “equitable distribution across town.” Chair Peter Clark explained that the Committee must be aware of the geographic distribution of projects across the town.

Keith Bleiler, president of Skate Park Association, commented that the criteria outlined are applicable to most projects that will come before the CPC, and is closely aligned with their priorities.

Patti Haney asked about the Town DPW’s software program. Chair Peter Clark and Deborah Converse explained that the software rates the condition of the properties, so theoretically it assists the DPW in setting priorities for neediest properties. 

A Public Hearing will be held on February 14 to finalize the recreation criteria and to hear from residents about their views on the priorities related to the categories of Open Space, Recreation, Community Housing and Historic Preservation.

On April 16th at 4:30 there will be a workshop for any interested applicants for CPA funds. Applications are due on June 10th at 4pm. Final decisions will be made in recommendations to Town Meeting in August.

REVIEW AND ACT ON ARTICLE LANGUAGE FOR SPECIAL TOWN MEETING: Final Article Language for the Transfer of the Spring Bars Road Parcel intended for housing was read into the record. Patti Haney moved that the article go to the Selectman as worded. The motion was seconded by Ken Buckland. Ralph Herbst requested that the language be slightly changed from “housing and/or other uses” to “housing and other uses” in order to ensure that housing is always a part of the development. The motion was amended and passed unanimously.

Deborah Converse provided the committee with language either to transfer $14,902 community housing money into a community housing reserve or to put it into the Falmouth Affordable Housing Fund. Patti Haney made a motion to put the money into the Falmouth Affordable Housing Fund. Ken Buckland seconded. The motion was approved unanimously. The language was read into the record.

An article transferring $45,544 left in the category of Historic Preservation from fiscal year 2013 should be put into reserves if it is not used for the Silo. The motion was made by Heidi Waltz and seconded by Sandy Cuny to put it into reserves. It was passed unanimously.
The CPC received draft Recommendations and Explanations which will be reviewed and decided at the February 14 meeting.

DISCUSS AND ACT ON SPRING BARS ROAD MATTERS: Ken Buckland said Horsely Witten submitted a draft of the Master Plan. He will ask for a more complete cost breakdown. The subcommittee will meet on January 30 at 8:30 a.m. Deborah Converse said there is a tentative meeting with the Cape Cod Commission scheduled for February 28th, at which they will present their tentative findings. Deborah Converse will find out what the final draft of proposal will look like. Chair Peter Clark would like to see a draft or any questions they might have prior to the meeting on the 28th.

RECEIVE AND ACT ON REPORTS ON SUBCOMMITTEE MATTERS:

Report from Finance Subcommittee: Did not formally meet due to weather on the day scheduled for the meeting. The summary of funding available for April 2013 was handed out. There were changes suggested by the committee. These will be made and sent to the committee. 
Executive Committee: Discussion of the planner’s position to move from 80 back to 100% emphasized that the extra money must be coming from the Planning Department. CPA funds must be used for CPC purposes. Ralph Herbst stated that the CPC has always enjoyed more autonomy, and says to be cautious of this in the future. Peter Clark assumes it will be similar to the previous employee, but states the CPC warrants 80% of someone’s time. 

Other Subcommittee Reports:
Affordable Housing would like to meet on a potential project. 

Subcommittee Agendas: meeting notices need to be sent to Brian first and then approved, and posted by Joyce. So lead time needs to be longer. 

Take a look at operating procedures. Ralph asked that everyone re-read them, and please send comments them to Deborah Converse by the end of January. 

STAFF REPORT:
Approval of Bills:
On the motion of Patti Haney/Heidi Walz, the committee VOTED: to approve the following bills for payment:
Woods Hole Library - $11,400
St. Barnabas - $12,500 $10,192 last bill included the door they had already pd. for
Horsley Witten - $2416.70 Eric Dray – $630.00

Planner Report:
Warrant articles-- Mark Finneran has submitted an Article for the Town Warrant to request a reduction of the surcharge of CPC funds to cover only currently approved projects and the long term debt. Peter Clark will be ready to respond to this article, and he intends to review the language of the law and ask for the legality of the submissions on the Article. 
Bob Densmore was in touch and he has a couple of things he needs to discuss with the cemetery preservationist. 

Payment of St. Barnabas the project is complete. 
Falmouth Public Library just received bids for the historic document database project and they will begin soon. The bid amounts were less than approved money.

Woods Hole library roof is almost complete. 

WCAI is almost finished. It just needs the Preservation Restriction filed.

Ken Buckland asked about MEP clean up—Deborah will check back in with Amy.

Beach Restoration project is complete but there is an outstanding bill.

Ken Buckland asked if there is a final close out process for the CPC funding process? Deborah Converse said she keeps track, and or initiates a final statement. There is also a form that is send to close the project out. 

ACT ON MEETING MINUTES:
On the motion of Patti Haney/ Heidi Walz, the committee VOTED: to approve the minutes of January 10, 2013 with changes. 

CONSIDER FUTURE AGENDA ITEMS:
Ralph: Discuss petition article in Planner’s report.

There being no further business, the meeting adjourned at 9:25 PM.

 

COMMUNITY PRESERVATION HOUSING SUBCOMMITTEE MEETING MINUTES
2nd floor meeting room January 30, 2013
Town Hall 1 p.m. 

PRESENTATION

• The Falmouth Housing Authority will present a potential project proposal idea for POSSIBLE funding by the Falmouth Affordable Housing Fund. The request will be to fund the continuation of a case management position to secure housing for homeless and hard to place individuals in Falmouth.
DISCUSSION
• The Case Management position will be discussed by subcommittee members to determine eligibility for Falmouth Affordable Housing Funds.
VOTE
• The Case Management position application will be voted as to its eligibility or non-eligibility to submit an application for possible funding by the Falmouth Affordable Housing Fund.

MINUTES
Those present: Patti Haney, Ken Buckland, Peter Kroll, Tom Lacey, Falmouth Housing Authority, Bob Murray, Falmouth Housing Corp. and Deb Converse, staff
The meeting was called to order at 1:01. Tom Lacey from the Falmouth Housing Authority gave an informal presentation of a proposal that they would like to submit for Falmouth Affordable Housing Funds. In collaboration with the Falmouth Service Center, Falmouth Human Services, and Falmouth Housing Corp. the Falmouth Housing Authority would provide office space and supervision for a housing case manager to connect the neediest residents of Falmouth with housing and related services. The cost of the one year contract position would be shared between the 4 groups. A similar position has been in place for the last 18 months but the groups involved feel that some restructuring of the model would be beneficial. The request to the FAHF would include a $10,000 stabilization fund that would help people secure housing by assisting with expenses such as security deposits.
Ken moved that the project would be eligible to apply for funding from the under the Community Preservation Act in the Affordable Housing category . Peter Kroll seconded and the subcommittee voted that a full application could be submitted. Another meeting of the subcommittee will be scheduled when the application is received.
The meeting adjourned at 1:30. 

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
FEBRUARY 14, 2013

Members Present: Vice-Chair Patti Haney; Clerk Ken Buckland; Ralph Herbst; Peter Kroll; Heidi Walz.
Community Preservation Planner Deborah Converse.

Vice-Chair Patti Haney opened the meeting at 7:00 PM in the School Administration Building. She called the public hearing to order at 7 PM for the purpose of hearing comments from the community about the pressing preservation needs in Falmouth. The categories covered by Community Preservation Act Funds include: Open Space, Recreation, Historic Preservation, and Community Housing.
Input from the community assists in laying out a framework for the CPC to use in making recommendations for spending Community Preservation Act (CPA) fund for each fiscal year. 

PUBLIC HEARING: Jessica Whritenaur spoke on behalf of The 300 Committee. She commented that the funds from CPA has helped leverage other funding for acquisition of open space from private and public funds. One hundred and fifty acres has been preserved and the CPC should continue to prioritize the acquisition and restoration of open space for passive recreation and for active recreation. Purchases in the past with CPA funds have expanded beachfront property and conservation land.

There were no comments about the new recreation criteria.

Hearing and seeing no one in the audience for public comments, the hearing was kept open while other business was taken up. No additional public comments were made and the public hearing was closed at 7:45 PM.

REVIEW AND VOTE ON MATTERS RELATED TO THE RIVERBEND SILO APPLICATION:
A report from the historic preservation subcommittee was given by Heidi Walz. Three bids for the restoration should be solicited once an agreement is reached regarding the maintenance fund. The bids will be needed to submit the recommendation and explanation language for the Town Warrant. Eric Dray, Historic Preservation Consultant will be asked to review these for the CPC. The subcommittee also suggested that the mortar specialist at the cost of $1,860 be considered in the restoration budget. The CPC will not require insurance on the structure, the maintenance fund that is required by the land owner is all that is needed. The shingles for the roof should be red cedar as prescribed by Mr. Dray in keeping with historic standards. A historic preservation restriction would be considered to maintain the historic architectural details. The CPC’s support for funding will be contingent on an agreement regarding the amount of the maintenance fund between The 300 Committee and the Coonamessett Farm Foundation. 

Other updates: Ms. Whritenaur reported that the two groups agreed to a fund of $15,000 and submitted a letter to that effect. She did ask the CPC to clarify what the historic restriction would require from The 300 Committee. 
The CPC requested that the Coonamessett Farm Foundation provide a letter stating that they will be responsible for closing the gap in money for the maintenance fund. The “Friends of the Silo” are still in the process of determining if the donations can be used for maintenance or restoration. Representatives of the “Friends” included Ann Sears, Ron Sweig, and Nanette Oldenbourg. 

Ken Buckland made the motion accept the Article 16 for the River Bend Silo recommendation language as amended with the correct amounts from the fund balance to be determined. “RECOMMENDATION (Community Preservation Committee): That the Town vote to appropriate the sum of $ from the undesignated fund balance of the Community Preservation Funds for the purpose of historic restoration of the Silo located on the River Bend Conservation Area, including the foundation, masonry blocks, and roof to be restored in a historically appropriate manner according to the Secretary of Interior’s Standards for the Treatment of Historic Properties as required by the Community Preservation Act; to be expended under the jurisdiction of the Community Preservation Committee for the purposes of this Article. 

EXPLANATION: The Silo is listed on the Town’s Cultural Resources Inventory is a cylindrical silo built of ceramic blocks built in 1920 to store winter feed for grazing animals. The CPC’s recommendation of $(TO BE FILLED IN)will cover the cost of restoration of the foundation masonry, ceramic blocks, and roof on the silo and the ell connector and other related work. The exterior of the Silo will be restored in a historically appropriate manner according to the Secretary of Interior’s Standards for the Treatment of Historic Properties as required by the Community Preservation Act. The “Save Our Silo” friends group will provide $15,000 for long term maintenance.”
Heidi seconded and the motion was passed unanimously. The goal to submit final numbers will be by the next CPC meeting on February 28.

REVIEW AND VOTE ON EXPLANATION AND RECOMMENDATION LANGUAGE FOR THE WARRANT:
A motion was made by and seconded by to accept Article 17: Recommendation language: “That the Town vote to transfer the sum of $14,902 from the undesignated fund balance of Community Preservation Funds for the purpose of community housing to the Falmouth Affordable Housing Fund to be restricted as required by the Community Preservation Act; to be expended under the jurisdiction of the Community Preservation Committee and the Boart of Selectmen for the purposes of the Article.
Explanation: EXPLANATION: The Community Preservation Act requires up to ten percent of the annual Community Preservation Fund revenues be used for the category of community housing.”

The CPC decided to leave Article 18 that would transfer the $45,544 into the historic preservation reserves depending on the result of the numbers received regarding the cost of restoration of the River Bend Silo. Recommendation and Explanation language will read as follows: “RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer the sum of $45,544 from the undesignated fund balance of the Community Preservation Funds for the purpose of historic preservation to the Historic Preservation Reserves to be restricted as required by the Community Preservation Act; to be expended under the jurisdiction of the Community Preservation Committee for the purposes of this Article. 
EXPLANATION: The Community Preservation Act requires up to ten percent of the annual Community Preservation Fund revenue be used for the category of historic preservation.” Ralph Herbst made the motion and Heidi Walz seconded to recommend language for the Article to convey the land at 0 Spring Bars Road to read: “Article : To see if the Town will vote, pursuant to G.L. c. 40,§ 15A, to DECLARE SURPLUS to the needs of the Town and, pursuant to G.L. c. 40, §3, to authorize the Board of Selectmen to LEASE, CONVEY or otherwise TRANSFER , a parcel of land situated at 0 Spring Bars Road, comprised of approximately 11.39 acres, more or less, and being shown as Assessors Map 39, Section 15, Parcels 47 and as Lot 1 on a plan of land entitled, “Plan of Land Prepared for Three Hundred Committee in Teaticket, Falmouth, MA,” recorded with Barnstable County Registry of Deeds in Plan Book 635, Page 29, and more particularly described in the Town’s deed recorded with Barnstable County Registry of Deeds in Book 24617, Page 69, subject to a restriction that said property be used for community housing and/or and other uses consistent with the Community Preservation Act, or do or take any other action on this matter. On request of the Board of Selectmen. and the Community Preservation Committee. 

RECOMMENDATION : That the Town vote to authorize the Board of Selectmen to DECLARE SURPLUS to the needs of the Town, pursuant to G. L. c. 40, 3, to authorize the Board of Selectmen to LEASE, CONVEY OR otherwise TRANSFER, a parcel of land situated at 0 Spring Bars Road, comprised of approximately 11.39 acres, more or less, and being shown as Assessors Map 39, Section 15, Parcels 47 and as Lot 1 on a plan of land entitled, “Plan of Land Prepared for Three Hundred Committee in Teaticket, Falmouth, MA,” recorded with Barnstable County Registry of Deeds in Plan Book 635, Page 29, and more particularly described in the Town’s deed recorded with Barnstable County Registry of Deeds in Book 24617, Page 69, subject to a restriction that said property be used for community housing and/or andther uses consistent with the Community Preservation Act; and to authorize the Board of Selectmen to enter into any agreements and execute all documents it deems advantageous on behalf of the town, to authorize by LEASE, CONVEY OR otherwise TRANSFER the land by the Board of Selectmen or its designee. 
 

EXPLANATION: The Town’s disposition of this 11.39 acre parcel will provide the opportunity for Board of Selectmen to determine the appropriate method to handle the disposition of the property in accordance with the intended purpose of community housing allowed for under the Community Preservation Act in Article 1 of the Special Town Meeting of April 2010. Underlying that article at the time it passed was a well-publicized Memorandum of Understanding dated March 8, 2010 between the Board of Selectmen and the Community Preservation Committee that stipulated the purchased property located at 0 Spring Bars Road would be used for community housing limited under those guidelines to no more than 70 bedrooms and 30 units.” The CPC voted to refer this to Town Management for their consideration. 

DISCUSS AND ACT ON PETITIONER’S ARTICLE REGARDING COMMUNITY PRESERVATION SURCHARGE PERCENTAGE: 
The CPC concurred that according to the law called the Cape Cod Amendment to the CPA legislation Section 298, of chapter 44B, the Community Preservation Act, says that this will replace the 3% surcharge for land bank purchases and will cover the obligations made under the land bank. This will carry until 2020 and will not be revoked. The obligations for the Town of Falmouth will carry until 2035.

DISCUSS AND ACT ON SPRING BARS ROAD MATTERS:
Report Progess with Master Plan for Open Space Parcel:
Ken Buckland explained the Horsley and Witten Master Plan shown at a meeting held for the public’s input on February 12 for the restoration and improvements at 89 Spring Bars Road. They will be submitting a final plan, listing phasing possibilities to break the whole project into manageable cost segments for prioritization and to be used to secure funding. Report on Cape Cod Commission Scope of Work:
The Cape Cod Commission will attend the meeting of the CPC to hear questions and suggestions about the Spring Bars Road Housing Project. They will report the status of the project analysis to date. 

ACT ON REPORTS ON SUBCOMMITTEE MATTERS:
Report from Recreation Subcommittee: Final criteria for reviewing recreation projects:
Heidi Walz made the motion to accept the criteria as submitted. Ken seconded and the CPC approve these unanimously.
Community Housing Subcommittee:Patti Haney reported that an application will be forthcoming from the Falmouth Housing Authority for funding from the FAHF. The edited version of the Community Housing Subcommittee will be sent to the CPC.
Report from Operations Subcommittee: Ralph Herbst reported the editing changes in the operations plan. Ken moved to accept the edits as outlined, Heidi seconded and CPC approved. 
Ralph asked that everyone read over the Community Preservation Plan and recommend any changes thought to be needed. The biggest change will be the addition of the Recreation Criteria.

STAFF REPORT:
Approval of Bills:
On the motion of Ralph Herbst/Ken Buckland, the committee VOTED: to approve the following bills for payment:
Cape Cod Times legal notice for Master Plan $91
Waquoit Congregational Church $18,361.98

ACT ON MEETING MINUTES:
On the motion of Ralph Herbst/Peter Kroll, the committee VOTED: to approve the minutes with corrections of January 24, 2013.

Heidi Walz announced that Eric Dray is leading a class of students to inventory heritage landscapes in Falmouth. On February 26 there will be a presentation of the project at the Falmouth Library.

There being no further business, the meeting adjourned at 9:00 PM to meet again on THURSDAY, FEBRUARY 28, 2013 AT 7:00 PM IN THE SCHOOL ADMINISTRATION BUILDING.

Submitted by: Deborah Converse, Preservation Planner

COMMUNITY PRESERVATION COMMITTEE MEETING MINUTES
School Administration Building
February 28, 2013 – 7:00 p.m.


Present: Peter Clark, Patti Haney, Peter Kroll, Heidi Walz, Ralph Herbst, Mike Powers, Sandra Cuny, Kenneth Buckland.
Community Preservation Planner Deborah Converse

Chair Clark called the meeting to order at 7:02 p.m.

1. PUBLIC COMMENT:  None

2. DISCUSS AND ACT ON SPRING BARS ROAD MATTERS
A. Meet with Cape Cod Commission Representative(s)

Sarah Korjeff, Cape Cod Commission, said that the Commission was asked by the town to look at the infrastructure needs, financial viability and land use issues in the greater neighborhood of the Spring Bars Road project. She explained that there is not currently water supply or wastewater infrastructure on site. The Falmouth Comprehensive Wastewater Plan does show that wastewater systems will be constructed in that area to a pumping station located on Falmouth Mall property. The plan anticipates that that infrastructure wouldn’t be provided until 2017. On site wastewater infrastructure is unlikely given that the affordable housing would be required to hook up to sewer in the future. It wouldn’t make sense to invest in that in the interim. The existing plans were l reviewed to extend the sewer along Spring Bars Road and to this site in advance of the plan put in place. The costs in terms of capital are estimated to be $440,000 in 2012 dollars. The staff hydrologist, Scott Michaud, also identified roughly $43,000 for road restoration after installation of the main. That doesn’t include the cost to actually connect the sewer to the property. She said the $440,000 cost estimate does include a force main which would become obsolete once the sewer goes throughout the Little Pond Watershed. That is roughly a $75,000 item. It might be possible to coordinate plans with the CWMP so that there is less loss of the earlier investment. Regarding water supply, they looked at extending the waterline from Spring Bars Road and Worcester Court which is about 350’ from the site. The alternative would be Randolph Street which is further away. This would depend on the pressure available(????) and topography. It would be about $130,000 to $168,000 for construction. Costs vary depending on whether the town would be involved in installation or not. Together, the construction costs for the two would be between $423,000 to $461,000 and non-construction costs would be $210,000 to $231,000. The project design and siting of the buildings will play a part in cost as well. Scott Michaud has recommended that the Water Department be able to identify specifications of the water supply. 

R.Herbst added that they had looked at the sewering issue and brought an article to town meeting which failed. It is his understanding that they could go ahead with it now if there is a funding source. 

P.Clark doesn’t believe they need permission from Town Meeting to actually install the sewer if funding were secured. 

P.Clark said it would be valuable if a critical path analysis were done. He said they were told, in a conversation with the Engineering Department, that there was a plan to redo the road soon and they would time that construction with the installation of the sewer line to avoid any additional costs. 

R.Herbst added that there is also a need for water on the other portion of land that is under Conservation Restriction for the community gardens. K.Buckland said that was part of the question of whether the gardens would go in at all. The original concept included community gardens with the idea that there would be water supplied to that location. In the discussion, it appears that the community gardens may not be an appropriate use in the Conservation Restriction area because of the installation of utilities. 

Sarah Korjeff said Transportation staff has been working on the transportation aspect. Their prime concern is the intersection of Davis Straits and Dillingham Road and Spring Bars Road. There have been seventeen accidents there in the last three years, which is significant. They will be making recommendations about various improvements that can be made at that site. She does not have that information available yet but expects to have it in the next two weeks. She did clarify that it is an existing safety issue and the addition of thirty units would not significantly impact the current condition of that intersection. Their primary concern with the sidewalk was on Spring Bars Road. There are expected to be about $140,000 in sidewalk improvements in that area and in the entrance to the mall. It may not be appropriate to designate that cost to this project because those improvements need to be made there anyway. That would be something that benefits the entire area, not just that site. She is certain that their Transportation staff has taken into account the proposed projects such as CVS and FW Webb. 

K.Buckland brought up cost sharing with those upcoming projects. P.Haney doesn’t believe there is a set design right now.

K.Buckland suggested district improvement financing. 

S.Korjeff will consider that.

Ed Jaloweic (public) asked if the accidents at the intersection of Spring Bars Road and Worcester Court were counted.

S.Korjeff said that they have looked at ten intersections in the vicinity. They were asked by the Police Department to include an additional intersection at Maravista Avenue and Randolph Street. The most significant one to them was the Davis Straits and Spring Bars Road intersection. 

CherylWilliams asked if the $140,000 for sidewalk restoration for Spring Bars Road included Randolph Street. She pointed out that Spring Bars Road flows into Randolph Street.

S.Korjeff stated that the natural resource analysis staff has looked at the wetlands buffer and vernal pool buffer. Right now the town has a 100’ buffer and the Cape Cod Commission has a 300’ buffer to vernal pools. Their recommendation is that the buffer be made significantly more than 100’. They acknowledge that it won’t work everywhere on the site but there are areas where it is possible. They felt that because of its location there would be some value in trying to limit development on the eastern lobe of the site. 

K.Buckland asked if the line was drawn appropriately between the two designated areas.

S.Korjeff said that’s not a question that they have explored. They have assumed that the boundary wouldn’t be re-drawn, instead, they focused on which parts of parcel A they would be interested in drawing development away from. 

P.Clark suggested developing language in case the developer weren’t going to use a piece, so they could take it back. 

S.Korjeff said the other tricky piece was looking at flood zone requirements. There will be the need to either bring in fill or the need to elevate buildings so the livable floors are above flood elevation. Those issues still need to be explored further. The eastern lobe does have one of the few areas that’s outside of the A zone. It doesn’t appear to be large enough to accommodate the development anyway. 

P.Clark described the layout of the property. 

Heather Harper said the town would look at the site as the two parcels. The town has made a very significant investment in protecting the features of that site. There would still be regulations to abide by, that could be done in the RFP quite easily. 

Paul Ruchinskas , Cape Cod Commission Affordable Housing Specialist, developed a rough cost by taking a look at eight home consortium affordable housing developments, new construction only. There is no way this project is feasible without the low income housing tax credit. Typically, to maximize the amount of tax credits, at least 90% to 100% units need to be affordable at 60percent of AMI or lower. Thirty units is really the bottom of the range for feasible tax credit projects. The projects ranged from 10-60 units from 1-9 building units on site; the acquisition costs ranged from $0 to $30,000 per unit. The total development costs range from $260,000 to $342,000 per unit. The average and the median tended to be about $300,000 for those eight projects. $281,000 was the initial estimate for the Spring Bars Road project. Construction costs ranged from about $146 to $225 per square foot. The higher number per square foot had additional infrastructure costs and a higher number of buildings. The average was about $190 per square foot. The SBR estimate was about $198 per square foot. The operating costs for those eight projects were about $ 5900 per unit per year to $7700 per unit. The average was about $6900. The tax credit was a little under $7200. $ 5.95 million of total construction costs with additional infrastructure costs for sewer and water line. This project will cost about $6.9 million, about $1 million higher than the initial budget. The draft budget for softer costs is roughly $2.6 million, typically 15-18% of the total cost of the project. He believes it will be $9.5 million, $317,000 per unit which is at the higher end of the range. That cost is still within the range of the kinds of projects that the DHCD has funded in this region and about 10% below the Mass Housing maximum. $350,000 is pretty much their limit per unit. SBR is approaching the higher end of the range but it’s not unreasonable and is within the guidelines of the state. The rents are 10% below the maximum of the tax credit rents. The consultant figured that the project could cover $1.7 million for a first mortgage and he determined $1.75 million. He looked at potential funding sources of $400,000 of CPA money. $9.5 million is something that is financial feasible. Any federal funds used to fund the project would require an environmental review and the fact that it’s in an A zone will increase the challenge to get the funding. He then read HUD’s regulation regarding this matter. 

Mr. Ruchinskas favored not delaying the project. He pointed out that in 2014 interest rates may well increase. He also advised that the tax-credit market had rebounded positiovely. Because of the DHCD funding backlog, they will be doing one funding this year. It’s rare that a tax credit project gets funded on the first try. It typically takes 3 to 4 tries, two tries per year best case scenario. 

D.Converse asked if the infill was included in the infrastructure cost.

P.Richardson said no, he thinks they can incorporate it in the overall environment cost. 

K. Buckland asked about the range of sizes of the units of those projects Mr. Ruchinskas referred to.

P. Ruchnskas said they ranged. There were a couple projects that were age restricted so they were primarily one bedroom and some two bedrooms. The others were family units; the average was 1,025 square feet per unit. There is a lot of need for one bedroom units here. 

K.Buckland asked if the CCC report would look at the benefits of affordable housing.

P. Ruchinskas said that he didn’t quantify it. It’s a public value in his mind; it’s their number one affordable housing need. It has an incredible amount of value in terms of sustainability. 

P.Clark asked about green building standards. 

Korjeff thinks the state and local regulations are strict and the Cape Cod Commission regulations are even more strict. As long as the building’s living areas are at least above base flood elevation then you’ve met the requirements. 

S.Korjeff added that Falmouth is the only town on the Cape that has transfer development rights. They haven’t gotten into exploring that in detail or other options in detail. 

K.Buckland would like them to look at what other town owned land has had transfer development land. 

K.Buckland asked about the scope of the area, what influences would there be or what would the boundaries be.

S.Korjeff said they defined the study area but they found that when they started walking around in the neighborhoods it was much larger. They ended up looking beyond the study area, about a half mile walking radius and beyond in some areas. 

P. Ruchinskas said that doing 40-60 units would make more financial sense. He suggested maybe going to 32 units and still stay within the 70 bedrooms, make development more marginally financially more feasible. 

P.Haney commented that if they decided to make any changes like that the Selectmen and the CPC would both have to vote that change, but it can be done.

H.Harper asked how successful, in the long term, homogenous apartment buildings would be. She further asked what is the success and long term viability of the development .

P. Ruchinsksas said it ranges . There are a whole lot of external factors that impact how successful an affordable rental or market rate rental is. 

P.Clark closed this item on the agenda at 8:21 p.m.

The Board recessed from 8:21 p.m. to 8:25 p.m.

3. REVIEW AND VOTE ON MATTERS RELATED TO THE
RIVERBEND SILO APPLICATION
A. Vote on amount of money that will be committed

Ann Sears said that they have received two checks totaling $15,000 in the last three days. Both were anonymous, one from a local foundation and another from a non-local foundation. They had $3,000 in the restoration account. They received $5,000 specified for maintenance and $10,000 for the use of the SILO fund. They now have $23,000 altogether. They would like to have something set aside

Ron Smolowitz stated a preference that most of the funding be considered broadly for the silo project including restoration, maintenance and also adaptive re-use. A lot of funding has been coming in through membership requests. Initially they thought it would take about $90,000 to restore. They hoped to restore in a good manner for $70-75,000. The Coonamessett Farm Foundation voted that they would make up the money in the maintenance fund. They should have $15,000 in a silo fund as a minimum. Whatever they plan to do as a community with the silo would be adaptive re-use. If the CPC funds were used for the restoration then that leaves a lot of funding for what the CPC can’t fund. 

P.Clark expressed a desire to keep some money designated from the silo fund for restoration. The fact that the project has raised $23,000 is significant. 


K.Buckland asked about the bidding process.

Ann Sears said the bids are due on the 11th of March. 

R..Herbst asked who will be making their presentation at town meeting.

Ann Sears was unsure. 

R.Herst asked if the silo was considered for cultural inventory on Wednesday night. 

H.Walz said yes and referred to the Heritage Landscape Survey. 

Ann Sears said there is a $7,000 request to the Kelley fund which is several thousand dollars above what their executive committee could vote so it needs to go to their full board. They have about half a dozen other foundations that they will submit requests to for about $5,000 each. 
MOTION by P.Kroll/H.Walz to award $75,000 for the Riverbend Silo application. 

P.Clark endorses this but doesn’t know how this will be affected if the bids come in higher. He feels that might be a challenge. 

MOTION by K.Buckland/S.Cuny to amend the motion to award $90,000 for the Riverbend SILO application. 

K.Buckland said that $90,000 was the original application. 
R.Herbst pointed out that the application requests $75,000. 
K.Buckland withdrew his amended motion. 
Voted unanimously (9-0-0) 

D.Converse said that they need language to designate the funds. $45,544 will be from undesignated funds and then whatever is left over from reserve. 

MOTION by P.Haney/R.Herbst to use $45,544 from undesignated funds and the balance from the reserve. Voted unanimously (9-0-0) 

D.Converse told the Committee that the 300 Committee has concerns about preservation restrictions. She included this information in her report. 

P.Clark said that other communities use shorter terms, 20-30 years that are recognized as binding documents that are easier to get done and might not worry the 300 Committee. 

H.Walz asked who binds those 25 year restrictions.

P.Clark would need to find out.

H.Walz would say that no one would be binding those because that restriction is not being held by someone. She questioned why they would put 25 years on and that after 25 years the materials would be somewhat vulnerable. 

P.Haney said the 300 committee is meeting in a couple of weeks. 

H.Walz said that any repairs or maintenance will conform to the original standards. 

K.Buckland said that if it’s more than thirty years to make FHC the binder. 

H.Walz agreed.

P.Clark said it is his understanding that a formal historic preservation restriction in perpetuity has to go through Mass Historical.


P.Haney added that the 300 Committee is perfectly willing to accept a restriction on the type of materials used being historic. 

MOTION by P.Haney/K.Buckland that the Town Meeting recommendation language should include language that a preservation restriction will be attached to the silo. 

Voted unanimously (9-0-0)

4. DISCUSS PREPARATION FOR TOWN MEETING

The Committee discussed upcoming precinct meetings and will discuss them further at a future meeting. 

P.Clark said regarding the petitioner’s article, he has been pressing both David Vieira and through the town manager, Frank Duffy. He heard back from Mr. Vieira who indicated that there is no town bylaw about repeat articles, it only applies to zoning articles. Second, regarding the issue of whether the article may be amended, it is his feeling he would accept an amendment that sought legal ways to achieve the article purpose as within the scope of the article. 

R.Herbst would like feedback from the Coalition.

P.Clark said that they think a home rule petition is the only way to go about it. 

Relative to the article on conveyance of the SBR property, D.Converse emailed the suggestions from the CPC to Heather Harper and she said that she would take them into consideration when she’s writing up the language. She does feel they may be too specific. 

5. DISCUSS AND ACT ON COMMUNITY PRESERVATION
PLAN AMENDMENTS FOR FY 2014

R.Herbst asked everyone to read the changes in a reasonable amount of time. He noted that the Local Comprehensive Plan is currently being revised by the Planning Board. 

P.Clark pointed out that they would like to vote on this before Town Meeting.

R.Herbst said that it’s dated for fiscal year of 2014. Whenever it is voted, it will go into effect. He would like to wrap this up in March. 

S.Cuny also pointed out that the language in the rehabilitate and restore for recreation needs to be revised. 

P.Clark would like feedback sent to Deborah by March 11th. 

6. DISCUSS AND ACT ON REPORTS ON SUBCOMMITTEE MATTERS
A. Suggestions for other subcommittee agendas

P.Haney said Wednesday they are having a Historic Subcommittee meeting. They had wanted to schedule a Housing Subcommittee meeting Thursday but they will wait until the following week. 
P.Clark said that the Finance Committee may be putting together an agenda about meeting with the finance director but is unsure of the timeline. 

7. HEAR STAFF REPORT
A. Approval of bills

The Committee discussed the last payment to Horsley Whitten. 

K.Buckland told the Committee that they haven’t delivered on the final product of their contract. 

The Board will hold this payment until their contract is fulfilled.

MOTION by P.Haney/H.Walz to make the payment to Kleinfelder. Voted unanimously (9-0-0)

B. Planner Report

D.Converse reviewed her report for the Committee. 

R.Herbst would like to send a letter of recognition to the intern regarding the Vueworks program. 

The Committee agreed. 

D.Converse discussed the change to the administrative budget. The Finance Director looked this over and estimated the personnel costs based on adding in a full time position between Planning and the CPC. The amount that the CPC voted was $127,365 and that amount will be reduced to $120,750. She would like to work with the Finance Director to put the number in. 

MOTION by R.Herbst/H.Walz to adjust the budget to reflect the personnel costs. Voted unanimously (9-0-0). A final vote on the amount of the budget will be taken at the 3/14/2013 meeting when it can be put on the agenda

D.Converse said that they are going to close out Waquoit. 

8. REVIEW AND ACT ON MEETING MINUTES

The Committee discussed changes to the minutes. 

MOTION by P.Haney/H.Walz to accept the minutes of February 14, 2013 as amended. 
Voted (6-0-3), P.Clark, S.Cuny, M.Powers abstained. 

P.Clark recognized Doug Jones, the Board of Selectmen liaison, who was present for this meeting. 

9. CONSIDER ITEMS FOR FUTURE AGENDAS

10. ADJOURN

MOTION by P.Haney/H.Walz to adjourn the meeting at 9:44 p.m. Voted unanimously (9-0-0)

Respectfully,


Melanie J. Mathews, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
MARCH 14, 2013

Members Present: Chair Peter Clark; Vice-Chair Patti Haney; Clerk Ken Buckland; Ralph Herbst; Heidi Walz; Sandy Cuny; Michael Powers; Peter Kroll

Chair Peter Clark called the meeting to order at 7:00 PM in the School Admin Building.

PUBLIC COMMENT: None

DISCUSS AND ACT ON SPRING BARS ROAD MATTERS:
Debrief about the Cape Cod Commission Report:
Members discussed the several emails from Heather Harper, Julian Suso and Ray Jack.
Following a short discussion, it was decided that no action should be taken at this time. Chair Peter Clark advised members they should email their comments, if any, to Heather Harper.

REVIEW & VOTE ON MATTERS FOR THE RIVERBEND SILO APPLICATION:
Attending the meeting were Jessica Whritenour, Administrator for the 300 Committee and Ann Sears, of the Friends of Riverbend Silo.
Jessica gave an accounting of the current status of the two complete bids received from Heritage Restoration and C.H. Newton. March 11th was the deadline for submission.

The 300 Committee (Mike Duffany and Greg Souza) will review the bids on April 2nd. The CPC ,at their April 8th meeting, will know who will be awarded the contract.

Inaddition to the $75,000 that was voted for the project, the CPC will recommend, at Town Meeting, $2500 for the Deed Restriction and the Masonry consultant. Monies will come from project budget. On the motion of Ralph Herbst/Patti Haney, the committee VOTED: unanimously to substitute the additional monies in the article for town meeting. 

Ann Sears said the Friends group has raised $8000 to date to be used for the project or the maintenance fund.
Terms of Conditions for Letter of Agreement:
The Historic Preservation Subcommittee met on March 6th. Jessica Whritenour of the 300 Committee also attended to discuss the language for the restrictions and special conditions on the Riverbend Silo to be incorporated in the Letter of Agreement.

Members reviewed the Letter Of Agreement. The following changes were proposed:
In the first paragraph: The applicants should be the 300 Committee and the Friends of the Riverbend Silo.
 

Condition #! Under Special Conditions the last line should read: “The cost for this will be covered by the CPC within the project budget.”

Condition #3: The line should read: “In reconstruction of the original connector ell to the barn, the missing elements will be included as provided by the photo documentation.”
Condition #4: The first line should read: “The original roof will be replicated with red cedar shingles. The roof of the ell should also be clad in the same red cedar shingles as the silo roof.

Condition #6: The last line should read: “The cost for this will be covered by the CPC within the project budget

On the motion of Ken Buckland/Patti Haney, the committee VOTED: unanimously to approve the terms of conditions in the Letter of Agreement.

DISCUSS PREPARATION FOR TOWN MEETING:
Chair Peter Clark suggested members meet on Thursday, March 21st in the afternoon to prepare for Town Meeting. 

He suggested the committee meet at 6:00 PM at the Lawrence School on April 8th and April 9th to review any last minutes details for the CPC Articles.

Members decided on the following coverage for the precinct meetings:
Precincts 1, 2 and 3 - Peter Clark
Precinct 4 - Ken Buckland
Precincts 5 and 6 - Peter Kroll
Precinct 7 - Patti Haney
Precincts 8 and 9 - Ralph Herbst

DISCUSS AND VOTE ON COMMUNITY PRESERVATION PLAN AMENDMENTS FOR 2014:
Ralph Herbst advised he incorporated members’ changes in the draft plan and the committee reviewed them again prior to voting. With minor changes, on the motion of Ralph Herbst/ Ken Buckland, the committee VOTED: unanimously to adopt the committee’s Community Preservation Plan dated March, 2013..

DISCUSS & ACT ON REPORTS ON SUBCOMMITTEE MATTER:
STAFF REPORT:
Spring Bars Road Subcommittee::
Ken Buckland advised members the Horsley and Witten report is due Friday, March 15th.
He is working on a date and time to review the plan. Deborah Converse suggested a joint meeting with the Conservation Commission. If the joint meeting cannot be
arranged, Ken suggested the Conservation Commission can reimburse Horsley and Witten to attend one of their scheduled meetings.
Community Housing Subcommittee:
 

Chair Patti Haney advised there will be a meeting on Monday, March 18th with Heather Harper to talk about the Affordable Housing Fund and how the funds will be handled. 
The position of the CPC Planner will also be discussed.

STAFF REPORT:
Community Preservation Planner Deborah Converse reported the following:
The Massachusetts Estuaries Project, partly funded by the CPC, is available. The Megansett Harbor portion ($24,000) is not completed. Bourne has yet to pay their share toward the work.

The Community Preservation Coalition newsletter js recommending communities estimate matching funds at 26% for the first round of distribution. Because Falmouth is a 3% community, they might receive more than the 26%. The figures will be available in November. The $25 million, recently approved by the legislature for recreation, is not figured in Falmouth’s CPA budget.

Procedures for processing applications for FAHF is under further study for a legal opinion. Town Planner Brian Currie advised management the guidelines for the FAHF may need to be amended to reference supportive services for housing.

The zoning of the LIP project proposed at Stephens Lane is being questioned and a zoning change might be in order before work commences.

Administrative Budget: 
On the motion of Patti Haney/Heidi Walz, the committee VOTED: unanimously to approve $120,750 for the FY’ 13 Administrative Budget for the Community Preservation Committee.

REVIEW & ACT ON MEETING MINUTES:
On the motion of Patti Haney/Ralph Herbst, the committee VOTED: approval of the February 28, 2013 minutes with changes.

ITEMS FOR FUTURE AGENDAS:
Ralph Herbst suggested a new subcommittee to be called “Open Space and Recreation” to reflect the new recreation legislation enacted under the Community Preservation Act. Chair Peter Clark advised he would send members the definitions for the current SBR Subcommittee.

There being no further business, the meeting adjourned at 9:10 PM to meet briefly on Thursday March 21, 2013 IN THE SCHOOL ADMINISTRATION BUILDING AT A TIME TO BE DETERMINED.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MEETING MINUTES
March 21, 2013
Town Hall Main Meeting Room

Present: Patti Haney, Michael Powers, Peter Clark, Peter Kroll, Ralph Herbst, Heidi Walz, Kenneth Buckland, Deborah Converse

Meeting opened at 5:00pm

Public Comment: None

Review of Articles for Spring Town Meeting:
Peter Clark summarized the relevant articles in the ATM and STM.
ATM Article 27, Revote on Disposition of SBR Property – Peter C. noted that even though the wording remains unchanged in the article, without the change from ‘and/or’ for other uses of SBR property as requested to the Board of Selectmen, the explanation clearly states that affordable housing is the future use of the parcel.
ATM Article 29, CPC Operating budget item – Peter C. noted this budget article did not specify how the assignment of health benefits applies as the article is written. He said clarification is needed from the Town Treasurer.
STM Article 16, Silo – Peter C. asked if any new information was available. Deb Converse said new information will be available April 2.
STM Article 17, Housing Funds – Patti Haney would like to have the remaining Community Housing funds put into the Reserve Account rather than the Affordable Housing Fund because of the difference in use of the funds under the different enabling legislation. 
Ken Buckland said that he thought the funds should be pooled to be more effective in the larger FAHF account. 
Peter C. noted that the next round of new funds would be available for recommendations in November, and these funds placed in reserve similarly would not be available to use until the Fall TM. He noted that no action could be taken at this meeting and that members consider the issue for the April 8 meeting.
STM Article 18, Transfer of Funds [if Silo Article 16 Voted Down]- Peter C. said he had spoken to the Town Moderator and determined that an amendment to Article 16 would be allowed to transfer the funds to the Historic Reserve Account if the article was Indefinitely Postponed or the amount reduced, so Article 18 is not needed.
ATM Article 12, Reduction in CPA – Peter C. discussed question of the limited legal steps for the Board of Seelectmen under the article as worded and suggested that any discussion include a question to Marc Finneran, the proponent, if he intends to amend the article. 
Ralph Herbst asked if the calculation of funds in the explanation included the latest state match estimate. Peter C. said they did not match our calculations and he would ask the Town Accountant.
Peter C. reviewed the potential legislative changes needed to accomplish the action proposed in the article. Two possible actions are Special Legislation or a Home Rule petition. Town Meeting votes are not required for either state legislative action, but it is not possible to accomplish the change with only local action; e.g., Board of Selectmen, Town Meeting, or a ballot question. 
Ralph H. said he was confused by the Board of Selectmen’s recommendation on the article because it recommended IP but seemed to be considering the action as an option.
Peter C. wanted to review the information in a TM presentation on Article 12 and to discuss how to distribute it. He suggested the CPC contact people/Town Meeting members directly.
Peter C. reviewed the slide show’s main themes. The CPA brings in a state fund match. He asked whether there were numbers clarifying the difference between 2% and 3% and Deb C. said the 3rd round is projected to provide approximately $62,000.
Peter C. asked about leveraged funds and Deb C. said she was still researching.
Patti H. added that Housing funds are needed for a local commitment to projects that wouldn’t otherwise be funded.
Ralph H. suggested that properties improved become more valuable.
Peter C. noted that a large percentage of the funds are given to town projects.
Ken Buckland suggested that there is a lot of flexibility in the use of the funds even though there are only four categories for appropriations.
Ralph H. asked if there should be a restriction on private historic projects. He also asked whether letters from organizations that have benefited could be collected. 
Peter C. suggested that ‘letters to the editor’ would be more effective than holding them up at TM. 
Ralph H. said he would ask for a letter from Habitat for Humanity. Peter C. said he would ask for a letter from the School Committee and Ray Jack. Mike Powers said he would ask the ConCom Chair. Peter would ask Sandy Cuny to seek a letter from the Recreation Committee. Peter C. said he would also contact Eric Turkington.
Peter C. noted two key points on the effect of the Article; that there is no local legal action possible because of the unique legislation, and that money put released from the CPA surcharge does not automatically invest in capital projects because other actions are necessary.
Peter C. said that the slides would be used as pre-TM information. Meeting adjourned @ 6:00pm
 

COMMUNITY PRESERVATION COMMITTEE MEETING MINUTES
APRIL 8, 2013

Members Present: Chair Peter Clark, Vice Chair Patti Haney; Peter Kroll; Michael Powers; Sandy Cuny; CPA Planner Deborah Converse.
PUBLIC COMMENT: None

AMENDMENTS TO TOWN ARTICLES:

Members reported no specific comments were made at the precinct meetings concerning the CPC’s articles for town Meeting.

The 300 Committee reported that they have decided on a estimate of $86,931 for the River Bend Silo Restoration project. An additional $8,693 for contingencies and $2,860 for the historic preservation deed brings the total cost to $98,484.

The Friends of Silo is giving $12,233 for restoration.

On the motion of Patti Haney/Sandy Cuny, the committee VOTED: to approve the sum of $86,251 for the River Bend Silo project – Article 16 Special Town Meeting.

On the motion of Patti Haney/Sandy Cuny, the committee VOTED: unanimously to
Leave Article 17 as written, adding community housing money to the Falmouth Affordable Housing Fund.

On the motion of Patti Haney/Sandy Cuny, the Committee VOTED: unanimously to
Support indefinite postponement of Article 27 – Spring Bars Road as requested by the Teaticket Civic Association.

VOTE LETTER OF AGREEMENT FOR THE River Bend Silo Project:

On the motion of Patti Haney/Michael Powers, the committee VOTED: unanimously to amend the Letter of Agreement by adding the following:
• Amend Item #1 under the Special Conditions
• Eliminate the first sentence of Item #5
• Add Item #7 and 8 per the request of the 300 Committee

APPROVAL OF BILLS:

On the motion of Patti Haney/Peter Kroll, the committee VOTED: unanimously to accept the following bills pending final review by Chair Peter Clark.

• $118,579.84 - UMassDartmouth MEP Studies
• $2,670 Woods Hole Library – Bradley House Windows
• $1,899.20 Woods Hole Library – Slate Roof


MEETING MINUTES:
The March 14 and 21 minutes were tabled.

There being no further business, the meeting adjourned at 6:55 to meet again on THURSDAY, APRIL 25, 2013 AT 7 PM IN THE SCHOOL ADMINISTRATION BUILDING.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MEETING MINUTES
APRIL 10, 2013

Present: Chair Peter Clark, Vice Chair Patti Haney, Clerk Ken Buckland, Sandra Cuny, Michael Powers, CPC Planner Deborah Converse
Absent: Peter Kroll, Ralph Herbst, Heidi Walz

Chair Peter Clark convened the meeting at the Lawrence School at 6:05pm.

Town Meeting Article 27
The Committee discussed its position on Article 27 that was held the first night of Town Meeting.
 

On motion of Sandra Cuny/Ken Buckland VOTED: 5-0 CPC will recommend Indefinite Postponement of Article 27 as written, and that the Chair and Vice-Chair will be authorized to respond as appropriate if the Article is recommended to be substantially changed through proposed amendment.
Submitted by: Kenneth Buckland, Clerk


Community Preservation Committee Meeting Minutes
April 25, 2013

School Administration Building 7:00 p.m.

Members Present: Chair Peter Clark; Vice-Chair Patti Haney; Clerk Ken Buckland; Peter Kroll; Ralph Herbst; Virginia Carmichael; Sandy Cuny; Michael Powers; CPC Planner Deborah Converse.
Absent: Heidi Waltz

Chair Peter Clark called the meeting to order at 7:00 PM in the School Administration Building.

PUBLIC COMMENT: Chair Peter Clark welcomed the newest member to the committee, Virginia Carmichael, who will serve as an “At Large” member.

SPRING BARS ROAD MATTERS:

Draft Report from Cape Cod Commission:
Concerns were raised as to how the Board of Selectmen and Planning Board will utilize the Cape Cod Commission’s Draft Report to direct a policy for Spring Bars Road.
Outstanding issues are the setbacks, new building stretch code; flood plain regulations and wastewater.
Deborah Converse advised FEMA is updating the flood plain maps making the flood plain issue significant, but not fatal. 
Displacement and water flows are of concern to the neighbors.
Members stated the idea of proposing a possible sale of Transfer of Development Rights (TDR) is a value but would complicate the project with additional costs and a risk to a developer.
Michael Powers felt the town needs to consider the cost of the TDR to the developer, but was not sure what the cost should be.
Following discussion, on the motion of Patti Haney/Ken Buckland, the committee VOTED: 8-0 that the CPC confirms its intent for the property to lease or sell it at a nominal rate to enhance the development of community housing.
On the motion of Ken Buckland/Patti Haney, the committee VOTED: 8-0 to inform the Board of Selectmen and Planning Board that the CPC commends the Cape Cod Commission for the thoroughness And technical information provided in their draft report.

Master Plan for 89 Spring Bars Road Conservation Parcel:
Ken Buckland, Chair of the SBR Subcommittee, advised the Horsley & Witten phased Master Plan is comprehensive and comes with a high price tag. The subcommittee suggests there be a working committee to help shepherd the process. It should not be the responsibility of the CPC, but rather an arm of the Board of Selectmen i.e. who organizes the stewards of the property. 
It was pointed out The 300 Committee would be the perfect entity, but cannot be consider because of their current efforts to create Teaticket Park.
Chair Peter Clark stated the CPC can provide a financial commitment to the well-being of the Spring Bars Road property. Committee members raised concerns on how to help the project with all the conservation restrictions. Members agreed that phasing the project is a good approach...
Ken Buckland advised he will take their concerns back to the subcommittee for discussion.
 

DISCUSS INFORMATION/APPLICATION WORKSHOPS:
Deborah Converse advised members that applications for projects to be considered at the November Town Meeting are online. 
The Falmouth Chamber of Commerce has expressed an interest in applying for the restoration of the cupola. June 10th is the deadline for November town meeting projects.
Chair Peter Clark stated that the workshop process for new applications has not been successful for the past few year and the CPC may have to look at new processes to reach out to inform interested applicants..
 

DISCUSS AND ACT ON MATTERS RELATED TO SUBCOMMITTEES:
Update on Falmouth Affordable Housing Fund:
Deborah Converse reported the FAHF is moving along. Final documents have been sent to Michael Galasso for the 55 Stevens Lane project after review by Town Counsel and Town Manager.


1. Finance Subcommittee:
Chair Peter Clark apprised members the town is working to bring to the CPC a package of projects and funds needed to rehabilitate recreational facilities including those not purchased by CPA funds.
He will be meeting with the town’s Finance Director to verify that the CPA fund balances are compatible. The committee will continue discussion on keeping the surcharge monies for open-space purchases and the state match funds for the other categories.
 

2. Agenda Items for Future Meetings:
Chair Peter Clark advised he would like to schedule meetings for May 9th for further discussion of the Cape Cod Commission’s draft report on Spring Bars Road and May 23 to discuss the conservation portion of the parcel.
 

STAFF REPORT:
Deborah Converse reported the following:
Regarding the approval of $4,893.40 payable to Horsley and Witten for the Little Pond Conservation Area, on the motion of Patti Haney/Ralph Herbst, the committee VOTED: unanimously to approve the payment pending submission of their final report to the subcommittee.
• The Odd Fellows Hall and St. Marks Road projects need a Notice to Proceed from the town. 
Contractual obligations are still pending. Heather Harper is talking to the Falmouth Housing Corporation.
• The St Barnabas and Waquoit Church projects will be closed out as will the Woods Hole Library. No monies will be coming back to the CPA.
• The OPET and Community Housing Production Plan projects are still outstanding from April 2009. The MEP Harbors assessment project from 2010 is still outstanding pending receipt of $24,000, which is Bourne’s share of the project.
• On the motion of Ken Buckland/Peter Kroll, the committee VOTED: Unanimously to send a letter to the BOS with copy to Brian Currie expressing the committee’s interest to close out the Community Housing Production Plan project.
• On the motion of Patti Haney/Ken Buckland, the committee VOTED: unanimously to advise Gerry Potamis/Amy Lowell of the committee’s interest in closing out the MEP Harbors Assessment project.
• In the matter of WCAI’s refusal to erect a sign at the Davis House (WCAI), Deborah Converse was authorized to communicate to WCAI that the refusal to place a sign is a non-negotiable condition in their Letter of Agreement.
MEETING MINUTES:
On the motion of Ken Buckland/Sandy Cuny. with Virginia Carmichael abstaining, the committee VOTED: to approve the minutes of March 14, 2013 with changes.
On the motion of Ken Buckland/Patti Haney, with Sandy Cuny and Virginia Carmichael abstaining, the committee VOTED: to approve the minutes of March 21, 2013.
On the motion of Patti Haney/Sandy Cuny, with Ralph Herbst; Ken Buckland and Virginia Carmichael abstaining, the committee VOTED: to approve the minutes of April 8, 2013 with changes.

FUTURE AGENDAS:
The committee’s schedule for May – December 2013 was distributed.
A meeting tentatively scheduled for May 9th will remain.
Ralph Herbst reported that sometime in June, the committee needs to reorganize and appoint new officers. Michael Powers, Heidi Walz and Sandy Cuny need to be reappointed by their respective committees prior to the reorganization
There being no further business, the meeting adjourned at 9:15 PM to meet again on THURSDAY, MAY 9, 2013 AT 7:00 PM IN THE SCHOOL ADMINSTRATION BUILDING.
Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
MAY 9, 2013

Members Present: Chair Peter Clark; Vice-Chair Patti Haney; Clerk Ken Buckland; Ralph Herbst; Virginia Carmichael; Heidi Walz; Michael Powers
Absent: Sandy Cuny; Peter Kroll; Deborah Converse

Chair Peter Clark opened the meeting at 7:00 PM in the School Administration Building.

PUBLIC COMMENT:
Chair Peter Clark reported on two issues raised by Nancy Hayward, a Falmouth resident, just before the meeting had started. She wanted to speak to the Odd Fellows Hall project. Chair Peter Clark advised that no application has been filed to date. 
Her other concern was insurance costs for the SBR project. Chair Peter Clark explained this would be the concern for a developer.

Chair Pater Clark introduced former Chair and member of the CPC, Barbara Schneider.
She came to express her feelings on the current comments made at the joint meeting that threaten the project. Choosing a site for the multi-purpose project started with a sub-committee comprising Selectman Brent Putnam; Historic Commission Chair Sheryl Kozens-Long; Falmouth Housing Corporation Director, Robert Murray, 300 Committee Administrator Margaret Hough and Planner Jessica Erickson. Once they chose the SBR site, the Board of Selectmen and Town Meeting endorsed the site and project. The assistant town manager, Heather Harper, insisted on a Memorandum of Understanding.

The CPC spent innumerable hours developing an RFP to select a developer for the 30-unit community housing portion of the project.
She urged he committee to continue to fight for the success of the project.
Patti Haney remarked that “smart growth” was one of the elements considered when selecting the SBR site. This was an issue for one planning board member.
SPRING BARS ROAD MATTERS:
Chair Peter Clark mentioned that three significant events - the Cape Cod Commission’s final report , the vote on the town Question #1 and the release of the new draft FEMA zone maps will have occurred by early June
Ralph Herbst advised the Planning Board is reviewing the elements of the Local Comprehensive Plan. One of the elements is land use. Three members of the Planning Board serve on the LCP sub-committee. The Planning Board has assumed the role of the LCP since the original committee is now defunct. The LCP is not a regulatory document. It is useful only to the town. There are 13 elements that are not project specific.
Ralph stated Information was sent to the sub-committee, which addressed the flood plain and its effect on all of the town and not just Little Pond. Two of the sub-committee members have come to the conclusion that community housing at the SBR site is not advisable. .

Ken Buckland added that a developer looking at this site and all the controversy might be swayed against it because of the disagreement. He encouraged trying to reach a positive agreement with the BOS and Planning Board. The town has to be behind it.

To that end, on the motion of Virginia Carmichael/Heidi Walz, the committee VOTED: unanimously that the CPC Community Housing Sub-committee request a meeting with the Planning Board to discuss community housing. Ralph Herbst abstained.

A further motion offered by Ralph Herbst/Heidi Walz was unanimously VOTEDl to authorize Chair Peter Clark to frame a set of questions for the CCC regarding flood plain issues.
Following discussion on issues relating to the sewer and Transfer of Development Rights (TDR), on the motion of Patti Haney/Ken Buckland, the Committee VOTED: unanimously to inquire of the Department of Revenue (DOR) and the Coalition about regulations or precedents on TDR on land purchased with CPA funds for the purpose of community housing.
Ralph Herbst remarked the committee should task the CCC to research the amount of land excavated from the site.

SUBCOMMITTEE MATTERS:
Executive Sub-Committee:
Chair Peter Clark reported they will meet with Heather Heather on Friday, May 10 at 1:00 PM.
The minutes will be on the May 23rd agenda.

Affordable Housing Sub-Committee:
Patti Haney advised they will be meeting to tweak the application for non-construction type projects.

SBR Sub-Committee:
Chair Ken Buckland reported the Horsley and Witten final report has not been received.

Ralph Herbst advised that Heidi Walz; Michael Powers; and Sandy Cuny will be re- appointed to the committee by their appointing committees,.

In answer to Ralph Herbst’s question on the committee’s long and short-term goals, Chair Peter Clark replied they still need to meet with Budget Director Jennifer Petit.

STAFF REPORT:
Due to Deborah Converse’s absence, there is no Planner’s report.

APPROVAL OF BILLS:
On the motion of Patti Haney/Ken Buckland, the committee VOTED: approval of $23,424 for dredging by the County of Barnstable.

ACT ON MEETING MINUTES:
On the motion of Ken Buckland/Patti Haney, the committee VOTED: approval of the April 25, 2013 minutes. 

There being no further business, the meeting adjourned at 8:44 PM to meet again on THURSDAY, MAY 23, 2013 AT 7:00 PM IN THE SCHOOL ADMINISTRATION BUILDING.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
MAY 23, 2013

Members Present: Chair Peter Clark, Vice-Chair Patti Haney; Ralph Herbst; Peter Kroll; Sandy Cuny; Michael Powers; Virginia Carmichael, Planner Deborah Converse.
Absent: Heidi Waltz; Ken Buckland

Chair Peter Clark opened the meeting at 7:00 PM in the School Administration Building.

PUBLIC COMMENT: None

DISCUSSION OF SPRING BARS ROAD MATTERS:
• Update on Report from Cape Cod Commission:

Chair Peter Clark reported he has sent Assistant Town Manager Heather Harper seven questions that the CPC would like relayed to the Cape Cod Commission for consideration in the final report. She has said that they were passed along to the Commission.

The committee was informed the Planning Board has scheduled a discussion on June 18th of the commission draft and that the Board of Selectmen will then subsequently discuss the draft. Then the commission will provide a final report.
Patti Haney reported they had requested that the Community Housing Subcommittee be put on the Planning Board’s agenda and was told it would have to be on or after mid-June.
Ralph Herbst responded (as chair of the Planning Board) that the June 4th agenda is full, but he will inquire to secure a date for the subcommittee.

Chair Peter Clark stated his concern that more delay might push back any hope for articles for the November town meeting.

Members were told by Peter Kroll that the new FEMA map for Falmouth is published and available in the Building Department.

• Master Plan for 89 Spring Bars Road Conservation Parcel:
Chair Peter Clark advised members the final report from Horsley and Witten has not been submitted.
He spoke to Ken Buckland (who was unable to attend tonight’s meeting) who stated his concern that the report must be available by June 10th for an article for the first phase for the November Town Meeting.
But he also said that the Open Space Subcommittee could work with the daft phasing plan to develop ideas.
Peter Kroll noted his feeling is to step back because of the mounting problems with the parcel, but he expressed his interest in seeing the RFP advertised.

Michael Powers joined in that the development of the conservation land parcel must not be left off the radar.

The matter was left to Chair of the subcommittee, Ken Buckland, to hold another meeting to discuss the phasing issue.

2. Draft May 23, 2013 Minutes
PRESENTATION ABOUT MULTI-YEAR RECREATION APPLICATIONS:
Chair Peter Clark welcomed Assistant Town Manager Heather Harper; Systems Analyst Cathy Marques; and FHS Athletic Director Kathleen Burke, who were part of the team that collaborated to prepare a comprehensive town-wide recreation capital improvement plan. The project, called the VueWorks
Capital Asset Management Program was partially funded by the CPC. The team’s strategy was to develop a multi-year (2014-2020) flexible list of projects each costing from $25,000 to $1million with a useful life of 5 years or more.

Heather Harper prepared a power-point presentation depicting the over-all effort and Year One Proposals estimated to cost around $712,000.

Chair Peter Clark pointed out the committee will need to review the CPA amendment legislation and take a closer look at the proper definition of “maintenance”. 

Sandy Cuny reported on a joint meeting May 8th with the town’s recreation committee. They toured all the fields in town and listed all the deficiencies and safety issues.

Peter Clark reported that the Recreation Subcommittee had previewed the report that morning and had raised several issues that Ms. Harper had responded to in the evening discussion.

SUBCOMMITTEE MATTERS:
• Community Housing Subcommittee:
Chair Patti Haney stated, that with the revelation the FEMA map is supposedly available, she will ask Conservation Commission Administrator Jennifer McKay to meet and analyze the FEMA map and its relation to the housing parcel.

• Finance Subcommittee:
Chair Peter Clark reported on their meeting of May23rd. He distributed updated financials for FY’14 and projections for CPA categories. His proposals for long-term planning in all categories will be discussed with the full CPC membership. The consensus of the CPC was that the full committee should discuss priorities and funding levels and the subcommittee respond with recommendations on how to divide the allocation of funds to determine what the committee can sustain.

Chair Peter Clark advised the subcommittee is down to two members and asked for volunteers. Virginia Carmichael offered to serve and Patti Haney said she would help with the effort.

• Report on CPC Balances:
Members spent some time reviewing four documents suggested by Chair Peter Clark that covered a CPC financial update for FY’14; Long term expenditure guidelines and a financial sheet for the years 2014-2020.
He listed a set-aside amount each year to fund the land bank debt to its ending in 2035.

He reiterated he wants to build a fund that takes advantage of projects where state grants can be sought and received, as in the past, for up to $500,000.

He advised members to review the documents for the next meeting and come to their own delineation of commitments.
Page 3 Draft May 23, 2013 Minutes
• Recreation Subcommittee:
Peter Clark advised the Executive Committee met and recommended that the recreation subcommittee should remain for the time being. Ralph Herbst indicated agreement that the Procedures/Processes Subcommittee might be disbanded.

• Executive Subcommittee:
Peter Clark apologized that the May 2nd executive subcommittee minutes had not been put on this agenda and stated they would be discussed at the June 13th meeting.

STAFF REPORT:
• APPROVAL OF BILLS:
On the motion of Patti Haney/Virginia Carmichael, the committee VOTED: to approve $17,875 to Olive Software for the Falmouth Library Digitization Project.

Deborah Converse reported the following:

1. The LIP application for 20 Shore Street was approved by the Board of Selectmen.
2. Historic Preservation Plan Consultant RFP was issued. Responses are due June 20th.
3. Cape Cod Commission/Planning Board discussion is scheduled for June 18th.
4. Waquoit Congregation Church dedication will be June 23rd at Noon.
5. WCAI sent sample copy of sign required by CPA. Must be approved by Historic Districts Commission. Virginia Carmichael observed the sign should read: “Historic Restoration was funded through the CPA and citizens of Falmouth. The full committee was in agreement and asked assistant planner to so communicate to WCAI.
6. CPC financial information will be merged into new financial program town will utilize.
7. FAHF process is still under review. A disbursement schedule will follow the practice established with the Schoolhouse Green project, which is occupancy. LIP applications will require a Notice to Proceed from Town prior to seeking FAHF monies. Patti Haney advised you need to own property before applying for LIP application. Chair Peter Clark asked that the Community Housing subcommittee discuss the potential issues of the town approach with the FAHF objectives and report back on actions that the CPC might take to clarify concerns and alternatives.
8. A revised Status of CPA projects was disseminated to members.

MEETING MINUTES:
On the motion of Patti Haney/Virginia Carmichael, the committee VOTED: approval of the April 10, 2013 minutes. Michael Powers, Peter Kroll, Ralph Herbst abstained.

On the motion of Patti Haney/Virginia Carmichael, the committee VOTED: approval of the May 9, 2013 minutes with changes.

There being no further business, the meeting adjourned at 9:05 PM to meet again on THURSDAY, JUNE 3, 2013 in the School Administration Building.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
June 13, 2013
 

Members Present: Chair Peter Clark; Vice-Chair Patti Haney; Clerk Ken Buckland; Ralph Herbst; Peter Kroll; Sandy Cuny; Michael Powers.
Absent: Virginia Carmichael; Heidi Walz
Chair Peter Clark opened the meeting at 7:00 PM in the School Administration Building.
PUBLIC COMMENT: None
DISCUSS & ACT ON SPRING BARS ROAD MATTERS:
• Update from Cape Cod Commission
Deborah Converse stated she had no new information to offer. Ralph Herbst stated the Cape Cod Commission report will be on the Planning Board agenda for next Tuesday. He feels the Board of Selectmen is waiting to hear what issues will be raised then.
• Transfer of Development Rights:
In a memo, dated June 13th to CPC members, Deborah Converse provided an overview of TDR. It is a “smart growth” zoning incentive to concentrate development closer to town or other designated growth zones. She advised a state report indicated that Falmouth has one of the more comprehensive regulations in Massachusetts, but it lacks details required to implement it. She requested information from the Planning Department for a list of the areas designated, but as of this meeting, did not receive that information.
Ken Buckland stated there is a regulation in place. He used it once with the Petersen property. 
Chair Peter Clark asked Planning Board member, Ralph Herbst, if he would raise the issue at the next Planning Board meeting.
• FEMA Map
Member Michael Powers, who spoke to the committee as an engineer, gave a brief overview of the FEMA map, which is based on a “100 year storm”. He explained the map shows the flood plain to be 2 feet higher. This suggests the SBR project will require approximately 12 thousand cubic yards of fill above what was previously estimated. He estimated at $12-15 a yard, the cost amounts to an additional $150,000. He could not speak to the new methodology required to develop new contours, but the property is covered by the new flood plain. There will also be added costs to manage the stormwater.
Patti Haney stated there is a six-month comment period in effect and it will probably take a year to finalize.
• Update on Horsley & Witten Master Plan
Ken Buckland stated that the final report has not been received from Horsley & Witten, but he wanted to discuss the design process. He said the project is set up in four phases with high and low end estimates. He suggested doing the engineering at the front end. He asked members to consider adding this project and voting it eligible for consideration at the November town meeting, He estimated an allocation of $50,000.
Chair Peter Clark advised the committee will have to consider a vote to seek a thirty-day extension in order to file an application while waiting receipt of the final report. If the CPC files an application for consideration, the funding request must be determined, and if the project continues forward, will it be included as part of the on-going recreation program or a set aside in the developer’s fund.
Ken Buckland suggested the subcommittee should meet to finalize the funding request and details.

Following discussion, on the motion of Ralph Herbst/Patti Haney, the committee VOTED: 5-2 to extend the application process thirty-days to allow the CPC to prepare an application.

DISCUSS & ACT ON ELIGIBILITY OF PROJECT APPLICATIONS:
Deborah Converse advised there are nine projects eligible for consideration for the November town meeting. Seven of the nine are recreation projects.

On the motion of Patti Haney/Ken Buckland, the committee VOTED: unanimously to approve the following applications eligible.
1. Construct all-purpose Athletic Field at Falmouth High School - $250,000
2. East Falmouth School Playground Renovation Project – Phase II - $55,114.20
3. Sandwich Road Field Complex Improvements - $196,947
4. Replace Morse Pond School Playground Equipment - $62,000
5. Creation of State-of-the Art Skate park at Trotting Park Fields - $185,000
6. Tea ticket Park Construction & installation for access to Wetlands - $63,735
7. Beach Gates - $42,426
8. Capital Improvements to Lawrence Academy Building - $146,7886 (Historic Preservation)
9. Housing Stabilization Program - $20,000 (Community Housing)
 

East Falmouth School – Morse Pond School –Teaticket Park and Housing Stabilization applications will be discussed at the June 27th meeting.
 

In the matter of the Sandwich Road Field Improvements, a ruling will be sought from DOR on the paving portion of the project to establish whether or not it can be considered under the recreation category. 

DISCUSS AND ACT ON CRITERIA ON MERIT FOR EVALUATING RECREATION PROJECTS:
Deborah Converse distributed a memo listing criteria that should aid members to address eligibility preferences as well as merit. Further discussion will be scheduled at a future meeting.

DISCUSS FINANCIAL PLAN:
After conferring with Budget Director Jennifer Petit, Peter Clark presented financial projections for the years 2014-2020. Beyond year 2020, there is a commitment to pay $4.6 million through 2035. As of June 30, 2012, the unreserved fund balance is $2,208,818.

Members will have to decide what their priorities will be when choosing how they want to expend the current balance of $673,404. Some suggestions might include: creating and finalizing a new Open Space Fund Reserve, dedicating a fund for Spring Bars Road and creating a Recreation fund or pay down the debt service.

DISCUSS & ACT ON SUBCOMMITTEE MATTERS:
Executive Committee Report:
Chair Peter Clark advised that Deborah Converse has resigned effective June 27th. The current plan is to provide an Administrative Assistant/Office Manager position. The town manager will eventually seek someone with a planning degree, because the job will be under the supervision of the Planning Department. The process for a temporary hire is underway.
Some of the concerns posed by members were: 
• Role of CPC members in the screening and selection process
• Concern why hiring process is taking so long
• Role and process for communication when need arises or projects are off-track
• Office space and future support services

Process for Reorganization:
Chair Peter Clark reminded members the Executive Committee was recommending the Chair and Vice-Chair positions might become co-chairs. The CPC members shall contact Deborah Converse to provide notification of their interest in serving as an officer by June 27th. Elections will be held at the first meeting in July. 

Ralph Herbst, as Chair of the CPC’s Operating Procedures, stated if the committee members wanted to consider the co-chair concept, they could adopt it at this meeting by voting to change Item #3 of the Operating Procedures. He further advised the committee may vote to eliminate the Operating Procedures Subcommittee and move those duties to the Clerk.

On the motion of Patti Haney/Ken Buckland, the committee VOTED: unanimously to approve the co-chair concept and eliminate the Operating Procedures subcommittee. Those duties will be assigned to the clerk. 

Community Housing Subcommittee:
Chair Patti Haney asked Deborah Converse to schedule a meeting for posting.
Deborah Converse reported the Housing Demand Study has been cancelled by the town.

SPRING BARS ROAD:
Chair Ken Buckland will be scheduling a meeting to discuss the Horsley & Witten report and finalize an application to be filed by the CPC for funding for the November Town Meeting.

STAFF REPORT:
On the motion of Ralph Herbst/Ken Buckland, the committee VOTED: unanimously to approve the following bills for payment:

 

APPROVAL OF BILLS:
• Mary Little, Recording Secretary - $800.00
• Habitat for Humanity – 55 Glenwood Avenue Housing Project .- $31,712
The Beach Nourishment Project will be closed out.

July Meeting Schedule:
On the motion of Patti Haney/Ken Buckland, the committee VOTED: unanimously to meet on July 18 and 25, 2013.

Ralph Herbst reminded members that the Waquoit Congregational Church dedication is scheduled for Sunday, June 23, 2013 at 12:00 Noon,
 

MEETING MINUTES:
On the motion of Patti Haney/Ralph Herbst, the committee VOTED: to approve the minutes of May 23, 2013. Ken Buckland abstained.
There being no further business, the meeting adjourned at 9:15 PM to meet again on Thursday, June 27, 2013 at 7:00 pm in the School Administration Building.
Submitted by: Mary J. Little, Recording Secretary

COMMUNITY PRESERVATION COMMITTEE MINUTES
JUNE 27, 2013


Members Present: Chair Peter Clark; Vice-Chair Patti Haney; Clerk Ken Buckland; Peter Kroll; Virginia Carmichael; Sandy Cuny; Michael Powers; Heidi Walz

ABSENT: Ralph Herbst

Chair Peter Clark opened the meeting at 7:00 Pm in the School Administration Building.

PUBLIC COMMENT:
Resident Nancy Hayward thanked the committee members for providing funding to restore the Waquoit Congregational Church. She noted that Chair Peter Clark; Michael Powers and Sandy Cuny attended the ribbon cutting ceremony last Sunday. She was in favor of distributing additional funds outside the required 10% for historical preservation to save Falmouth’s historical properties.

Chair Peter Clark exhibited a framed photo that he accepted on behalf of the committee illustrating the former Waquoit Congregational Church and the newly preserved church.

INTRODUCTION OF ADMINISTRATIVE ASSISTANT:
Assistant Town Manager Heather Harper appeared before the committee to announce that the town has hired Carole Sutherland to be the new office manager for the Community Preservation Committee. She provided a brief synopsis of her background and advised she will be available to the committee on Monday, Wednesday and Fridays. Heather stated there will be a team of department heads that will make themselves available to the committee over the next few months to provide additional staffing and support during the transition.

PRESENTATIONS OF APPLICATIONS FOR CPA FUNDING:
• EAST FALMOUTH SCHOOL
Presentation was rescheduled to July 18th. East Falmouth was asked to consider with the DPW any cost impact of having the town do the installation.

• MORSE POND SCHOOL
Principal Andrea Schwamb and Assistant Principal Pat Dillon appeared before the committee to request $62,000 under the Recreation Category to install new playground equipment. Installation will be done by the M.E. O’Brien Company, who has done other playground projects in Falmouth and is on the state bid list. The cost for the equipment is $52,000. Falmouth Parks Superintendent, Edwin P. Gomes, also in attendance, stated his department will provide in in-kind services comprising of materials used for the border and safety surface. 
When asked by Peter Clark why there was no reference to leveraged funds, Principal Andrea Schwamb, stated they wanted to wait until later to seek donations. Because of other schools’ fundraising efforts, there is a drain on parent and business donors. The students have raised $2200 in two fundraising activities. 
Chair Peter Clark asked the school to provide, by the CPC’s last meeting in July, a firm statement from the PTO about their fundraising commitment either for maintenance or equipment. 
 
Beach Superintendent Don Hoffer appeared before the committee to request $40,000 either in one lump sum or over a 4-year period, under the Recreation Category, to replace gates at the beaches to add to the beautification of the beaches. He stated the gates were installed in the 80’s and they suffer from little to no maintenance.

Assistant Town Manager Heather Harper stated the reason why a portion of the $800,000 in annual beach revenues is not relegated to maintain the beaches, is because the funds are needed to maintain regular services such as public safety and maintenance of the roads, also required by beach using citizen and visitors. The town’s capital needs amount to $3 million, but since 2002, the town has lost $2 million a year in state funding.

The committee asked Mr. Hoffer to provide more specific estimates for the choice of gates required at the different beaches and to provide a three-tier list of specific beaches and their costs. He was asked to state more clearly the value of gate replacement for enhancing the beaches for the public good.

• HOUSING STABILIZATION
Director of the Falmouth Housing Authority, Thomas L. Lacey and staff member, Kathy Botelho, appeared before the committee to request $20,000, under the Community Housing Category. The goal of the program is to provide housing case management and limited financial assistance to obtain and retain stable housing assistance to Falmouth’s needy residents. The CPC application is for financial assistance efforts rather than staffing. Mr. Lacey advised the Duffy Center of Hyannis originally received a Block Grant from the state office of Community Development, which has since ended. . That prompted the formation of the Falmouth Housing Stabilization Network comprising of the Falmouth Senior Center, Falmouth Housing Corporation, Falmouth Human Services, Duffy Health Center and Falmouth Housing Authority. The needy can now access one phone number instead of calling around.
When asked if the $20,000 would be sufficient, Mr. Lacey replied the funds might not last the year depending on the case load.

Heather Harper suggested establishing thresholds and the committee should talk to the Finance Director about the mechanism for releasing the funds.
The matter will be discussed at the July 25th meeting pending development of a formula for a minimum and maximum amount per month for a year and suggestions for releasing the funds.

DISCUSS & ACT ON SPRING BARS ROAD MATTERS:
REPORT OF THE PLANNING BOARD:
Patti Haney and Peter Kroll attended the meeting. It was left that Town Planner Brian Currie will prepare written recommendations for the Planning Board to vote on. Subsequently, the Board of Selectmen will discuss it. Till then, the Cape Cod Commission will be on hold preparing their final report. Issues mentioned were: Flood zone; housing; expanding the work of the Cape Cod Commission to include the adjacent areas. Members were concerned about a timeline, the housing portion and will Planning Board ask for a broader policy direction on the flood plain and housing issues.

Heather Harper replied the next step will be the joint meeting, but stated the flood plain issues will not be directed only to Spring Bars Road project.

DISCUSS FINANCIAL PLANNING:
Chair Peter Clark distributed an updated CPC projections spreadsheet through FY 2035. The spreadsheet allows each member to adjust the dollars in the last five columns to meet their individual priorities for the debt requirement for 2020-2035; recreation projects; setting up a new open space fund as well as one for the Spring Bars Road Development Fund. The unreserved fund balance as of June 30, 2012 is $2,208,818, to which an additional $450,000 might be available once the books are closed for 2013.

DISCUSS AND ACT ON SUBCOMMITTEE MATTERS:
Community Housing Subcommittee:
Chair Patti Haney reported she attended the MHP Affordable Housing Institute’s workshop held at Fort Devens. She was impressed to see the large turnout of town managers; planners; selectmen and other town department heads.

Spring Bars Road Subcommittee:
Chair Ken Buckland reported on their meeting held earlier in the day. Jennifer McKay of the Conservation Commission and 300 Committee Administrator Jessica Whritenour were also present. 

Jessica advised there is a grant opportunity coming up in February from the Department of Conservation Recreation for recreation trails. The subcommittee feels the grant could provide an opportunity to make improvement on the conservation parcel leading to Little Pond. One option is to use the Engineering Department to design the trails and access to parking and Little Pond. Monies would come from the Administrative budget to help with the grant application and smaller elements while determining what is available from other resources to advance the plan. It might also be appropriate to have the Conservation Commission take the lead. 

Following discussion, on the motion of Patti Haney/Heidi Walz, the committee VOTED: unanimously to authorize Ken Buckland to appear at a Conservation Commission meeting to update them on the Horsley & Witten Master Plan and discuss the possibility of their taking the lead role.

Heather Harper emphasized the value of making expenditure an April Town Meeting article so that the plan and its progress could be reported to Town Meeting. Relative to the April Town Meeting. Peter Clark pointed out that the committee cannot spend estimated receipts without putting monies in a reserve, so a November article may be needed to create the reserve.

On the motion of Heidi Walz/Peter Kroll, the committee VOTED: unanimously to proceed with an article for November Town Meeting for the purpose of planning and technical assistance on the Spring Bars Road Open Space parcel.

STAFF REPORT:
Deborah Converse submitted the following:
Suggested a vote by the committee to close out the Beach Restoration project. 

On the motion of Patti Haney/Heidi Walz, the committee VOTED: unanimously to close out the Beach Restoration project approved for $20,000 at the April 2012 Town Meeting.

She also provided a revised status report of CPA projects as of June 13, 2013.

The CPC should request a report from Town Manager’s office regarding the cancellation of the Housing Demand Study. (Heather Harper will inquire as to its status.)

The procedure for handling the FAHF should be finalized. 

Patti Haney stated the committee was satisfied the fund and guidelines were in place, but only needed a review and approval by Town Manager and Planning. (Heather Harper advised she would like to schedule a workshop to finalize the procedure.)

Deborah Converse was asked to clarify whether funds may be used for parking lots necessary for the creation of recreational facilities and affordable housing.
Chair Peter Clark reported that Deborah submitted two memos: A 2006 memo from DOR (written before the new amendments to the CPA) they found no specific intent in GL c.44B to exclude such use of CPA funds. The second memo from the CPA Coalition stated the project is “likely to be allowable”, but advice should be sought from the town’s Town Counsel.

REVIEW AND ACT ON MEETING MINUTES:
On the motion of Patti Haney/Peter Kroll, the minutes of the June 13, 2013 meeting were voted 7-0-2 with changes. 

There being no further business, the meeting adjourned at 9:30 PM to meet again on THURSDAY, JULY 18, 2013 AT 7:00 PM IN THE SCHOOL ADMINISTRATION BUILDING.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
JULY 18.2013

Members Present: Chair Peter Clark, Vice- Chair Patti Haney; Clerk Ken Buckland; Peter Kroll; Ralph Herbst; Virginia Carmichael; Michael Powers and Sandy Cuny.
Absent: Heidi Walz

Chair Peter Clark opened the meeting at 7:05 PM in the Civil Defense Room, Town Hall and announced that Sandy Cuny; Heidi Walz and Michael Powers have been reappointed by their individual committees.

PUBLIC COMMENT: NONE

INTERVIEWS WITH APPLICANTS FOR CPA FUNDING:
• EAST FALMOUTH SCHOOL PLAYGROUND:
Chairperson of the East Falmouth Elementary School Playground Renovation Project, Stephanie McDowell, appeared before the committee to seek $55,114.20, under the Recreation Category, for Phase II Installation of equipment for the pre-school/kindergarten playground. She advised that she has spoken with Parks Superintendent Rocky Gomes about the possibility of the DPW installing the equipment to save money. She informed the committee the DPW will remove the old equipment, but is not staffed for a three-week install for the new equipment. The company will send out a supervisor with the install. She advised they have raised over $150,000. The Grade 1-4 playground will be completed this summer and they have $38,000 toward the Kindergarten playground project. Replacement parts will be under warranty and the DPW will be responsible for maintenance.

• STATE OF THE ART SKATE PARK:
CPC member Sandy Cuny advised the committee that she serves as Treasurer of Falmouth Together We Can, Inc. and the Falmouth Skate Park Association is a member of the Falmouth Together We Can, Inc. 
As such, she sought a ruling from Town Counsel, Frank Duffy concerning a Conflict of Interest and he advised that she must excuse herself from the application and voting process.

Dr. J. Keith Bleier, accompanied by Ann Richardson, appeared before the committee seeking $185,000, under the Recreation Category, to build a new 17,000 square foot state-of-the-art concrete skate park adjacent to the existing skate park at Trotting Park Fields. The original park will be used for parking.

Dr. Bleier explained they have had conversations with the users and heard their views on what the design should be. They finally chose a company called Whoskates. He stated they have raised $3500 in grassroots fundraising, but they plans for a capital campaign to raise another $67,500 if the project is approved by the CPC. The Falmouth Recreation Department will oversee the project.

• SANDWICH ROAD FIELDS COMPLEX IMPROVEMENTS:
Falmouth Recreation Director, Helen Kennedy and Falmouth Town Engineer, Peter McConarty, appeared before the committee to request $196,947.10, under the Recreation Category, to pave the existing parking area, provide sidewalks, accessible parking and viewing areas, a fenced-in basketball court, drainage and traffic control signs. There is no intention to light the fields or court.

In reply to why the surfaces will not be permeable, Mr. McConarty explained that although there is a benefit for a permeable parking surface, experience dictates the permeable surfaces get rutted over time and present major drainage problems. The edges of the proposed parking lot will have a buffer and a 6” vertical curbing. The plan presented offers 101 parking spaces.

Helen Kennedy pointed out there has been considerable growth in the youth basketball program and adult basketball league and more courts are needed to meet the demand.

Peter Clark asked for a breakdown of the components with prices as well as a usage document.

• Capital Improvements to the Lawrence Academy Building.
President of the Falmouth Chamber of Commerce, Jay Zavala, appeared before the committee to request $146,786, under the Historic Resources Category, to rehab the roof-top cupola; restore the roof; preserve front entry portico foundation and brick chimney. Mr. Zavala stated he is appearing on behalf of the landlord, the Town of Falmouth and therefore has not developed a capital reserve to assist in funding.

He advised that Town Planner, Brian Currie will be shepherding the Chamber through the Historical District Commission process, but no meeting has been scheduled. Peter Clark asked Mr. Zavala to follow up the request for a meeting.
To answer the Chamber’s 90-120 completion date, Mr. Zavala answered it was to allow for weather conditions and other delays.

As for historic preservation expertise, Mr. Zavala stated he has reached out to local expert Noah Greenberg and John Patton of the Massachusetts Historical Commission. 

Peter Clark asked Mr. Zavala to provide a current breakdown of the contractors’ estimates and individual components, The last estimates were dated June 2012.

When asked what component would be eliminated if the project could not be fully funded, Mr. Zavala
replied the chimney and portico or one of them. It would probably be the portico because it doesn’t tie into the other components.

The committee will ask their Historic Preservation Consultant, Eric Dray, to review the information. The committee will share Mr. Dray’s reactions with Mr. Zavala. 

DISCUSS AND ACT ON SPRING BARS ROAD MATTERS;
• Cape Cod Commission Draft Report Update:
Peter Clark asked Ralph Herbst to solicit a copy of the questions posed by the Planning Board to the Cape Cod Commission. The committee is also waiting to hear on their request for a joint meeting.

Ken Buckland advised he called the Cape Cod Commission and spoke with a development review specialist about Chapter 40R and whether one was ever done on the Cape. He was told there was none, but he would pass it on to the staff member writing the draft report. 

Patti Haney will represent the Falmouth CPC at a meeting Thursday, July 25th at 1PM in the Barnstable County Court House scheduled by the Community Preservation Coalition to follow up on a variety of amendments to the recently amended CPA.

• Update on Planning for Conservation Area Improvements:
Ken Buckland advised he met with the Conservation Commission last evening to request they adopt and support the plan. He asked them to take the lead role for the project. Chairperson Betsy Gladfelter replied the Commission preferred working with the 300 Committee and the CPC.

DISCUSS FINANCIAL PLANNING:
Members were asked to submit their individual priorities for the CPC projections spreadsheet through FY 2035.

DISCUSS AND ACT ON SUBCOMMITTEE MATTERS:
• COMMUNITY HOUSING SUBCOMMITTEE:
Patti Haney will be scheduling meeting to discuss the Housing Demand Study and Chapter 40R.
She will be seeking advice from the town about their current attitude on the town’s housing program.
• SPRING BARS ROAD /MULTI SUBCOMMITTEE:
Ken Buckland spoke of possible grant opportunities from the state Department of Conservation Recreation and Fisheries and Wildlife. The CPC would have to provide a 20% match. One option to explore is the availability of the town’s Engineering Department to lay out the specifics for the driveway and parking lot. The CPC would submit an article at town meeting for the eventuality of seeking grant monies and design funds.

Peter Clark suggested filing an article expanding the CPC’s Administrative Budget to support the engineering work. He offered to take a closer look at the Administrative Budget for the next meeting.

Ralph Herbst offered to help Ken prepare an article, and suggested a meeting to work out the application. He believes the CPC needs to move the Open Space portion forward. He did not feel it appropriate to use the CPC’s Administrative Budget.

• OTHER SUBCOMMITTEE REPORTS:
Historic Resources Subcommittee:
Speaking for Heidi Walz, Patti Haney announced the committee will be scheduling a meeting to discuss the report on “Historic Landscapes”.

REVIEW TRANSITION PROCESS:
• REORGANIZATION:
Peter Clark advised that two job descriptions have been made available to fill the Planner’s position. Peter stated he emailed Town Manager’s office requesting that the CPC be involved in the job description process. He urged members to review the descriptions and be ready to offer their recommendations at the July 25th meeting.

Virginia Carmichael nominated Patti Haney and Ken Buckland as Co-Chairs. VOTED UNANIMOUSLY
Patti Haney nominated Ralph Herbst as Clerk. VOTED UNANIMOUSLY.

Ralph Herbst, speaking for committee members, offered thanks to Peter Clark for the exemplary job as chair for the past two years.

DISCUSS AND ACT ON BILLS: None

MEETING MINUTES:
On the motion of Peter Clark/Ralph Herbst, the committee VOTED: to approve the minutes of June 27, 
2013. (Having been briefed by Peter Clark and reviewing the minutes, Ralph was eligible to vote.)

There being no further business, the meeting adjourned at 9:45 PM to meet again on THURSDAY, JULY 25, 2013 AT THE SCHOOL ADMINISTRATION BUILDING AT 7:00 PM.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
JULY 25, 2013

MEMBERS PRESENT: Co-Chairs Patti Haney and Ken Buckland; Clerk Ralph Herbst; Peter Kroll; Sandy Cuny; Michael Powers; Peter Clark; Virginia Carmichael; Heidi Walz.

Co-chair Patti Haney opened the meeting at 7:00 PM in the School Administrative Building.

PUBLIC COMMENT: None

INTERVIEWS WITH APPLICANTS FOR CPA FUNDING:
• Housing Stabilization:

Falmouth Housing Director Thomas L. Lacey and staff member Kathy Botelho returned to the Committee to increase their request for funds under the Community Housing Category from $20,000 to $40,000. From April to July of 2013, Mr. Lacey reported they encountered 326 cases. They have housed 22 families and 24 individuals for $15,380 or $46,140 if it was based on a year. It is proposed to disburse the funds monthly and they would supply a summary document detailing payments made during a month including proof of payment. Kathy Botelho advised other sources that help leverage funds to collaborate and solve a family’s housing crisis include the Falmouth Service Center, Homeless Prevention Program St. Vincent DePaul Societies and private donors. She will provide housing case management and limited financial assistance for hard- to- house Falmouth residents. In answer to a question as to what constitutes a Falmouth resident, she replied a proper ID.

He added that Wellfleet, Harwich and six towns on the Vineyard participate have voted CPA funds for this type of housing assistance program.

• All Purpose Athletic Fields at FHS
CPC member Sandy Cuny advised she is also a member of the committee as well as the Together We Can, which will serve as the non-profit fiscal agent for the project. On advice of Town Counsel, she cannot participate in the application and voting process. She recused herself from this portion of the meeting.

Committee Members Karen Bissonnette and Michael Duffany appeared before the committee to request $250,000 under the Recreation Category to install bleachers; lighting, seating, fencing and a grass field, which will be located directly behind the entrance to the Field House. Their goal is to have it ready by the 2014 school year. In answer to a question, Karen Bissonnette replied that non-school use will be closer to 20-25% than the 8% equal to the CPA funding. The total project cost will be $2,994,000.

She announced the Falmouth Road Race Committee committed $500,000 to the project and by vote of the School Committee, the field will be known as “Falmouth Road Race Field”. 

The Recreation Committee, through the School Administration, will be able to provide an expanded summer-time recreation such as “T” ball and youth soccer if the application is approved. Groups will require a permit and insurance. 

• Teaticket Park
300 Committee Administrator Jessica Whritenour and Board Member Vicky Lowell appeared before the committee seeking $63,735 under the Open Space and Recreation Categories to fund Phase II which include the boardwalk, observation platform and wetland path. These elements will enhance the
sensitive wetland on the property while promoting public access and environmental education. The wetland path will be handicapped accessible. The total Phase II project cost is $102,800.

She said the CPC’s funding of $200,000 two years ago was a critical link in leveraging a $500,000 Massachusetts PARC grant and a permanent conservation restriction on the land. The Teaticket Park
will convert 10.7 acres of commercial and resident land into a protected, accessible open space park. 

A $40,000 park maintenance endowment is built into the park creation budget. 
There is an established steering committee.

Ralph Herbst asked if fruit trees could be considered in the landscape plan. Ms. Lowell said it might be possible.

• Beach Gates
Superintendent of Beaches Donald Hoffer appeared again before the committee to answer questions. He proposed restoring the gates at Menauhant, Surf Drive and Bristol beaches in the first year for a total cost of $17,463. He said securing the gates at night would minimize vandalism and disposal of rubbish and provide clean and presentable parking lots. He also proposed a plan for a three-year project. He added that Megansett and Menauhant (East) are open 24 hours/day for fishermen and the need for gates diminishes other than for aesthetic purposes. A four-year funding plan would provide new trash containers for all the beaches.

DISCUSS HISTORIC PRESERVATION PLAN:
Heidi Walz advised members that the recommended consultant to complete the plan is Heritage Strategies.

DISCUSS SPRING BARS ROAD MATTERS:
Housing Demand Study:
Peter Clark advised the original estimate was $30,000 for the study. A $15,000 set aside in the committee’s administrative budget this year was to cover the second half of the study. The study was cancelled. 
Following discussion, on the motion of Peter Clark/Sandy Cuny the committee VOTED unanimously to set aside $30,000 from the 2013-14 Administrative Budget with the expectation that only the contract amount would be paid for.

LAND CONVEYANCE ARTICLE:
Co-chair Patti Haney reminded members that at the April Town Meeting, it was decided to reconsider this article in November. Members felt it was the committee’s obligation to bring forth an article to help gather momentum.

Following discussion, on the motion of Peter Clark/Sandy Cuny, the committee VOTED: unanimously to present at the next meeting language for a land conveyance article to be submitted to the Board of Selectmen for their consideration.

REPORT FROM PLANNING BOARD REPRESENTATIVE RE: CCC REPORT:
Ralph Herbst advised that the Planning Board’s comments to the Board of Selectmen and Cape Cod Commission were submitted a week ago. He was advised by CCC staff member, Sarah Korjeff, they have done very little because they are awaiting comments from the Board of Selectmen before preparing a final report and plan.

On the motion of Sandy Cuny/Peter Clark, the committee VOTED: unanimously to write a formal letter to the Board of Selectmen requesting an update and timeline on the CCC report.

CONSERVATION PARCEL – PROGRESS ON ARTICLE:
Ken Buckland distributed an application requesting CPA funding of $50,000 for the Little Pond Conservation Area Ecological Restoration and Access Improvements Phase 1 under the Open Space and Recreation categories. He is hopeful that the 300 Committee and Conservation Commission will receive their board’s approval to become joint applicants. The application review will be scheduled in August. In the meantime, Ken advised he will be meeting with the ADA groups.

SUBCOMMITTEE MATTERS:

• COMMUNITY HOUSING:
Ken Buckland reported on the subcommittee’s meeting yesterday. They discussed Chapter 40R, which would require zoning changes, but would allow for cash payments from the state.
This would require discussions with the Planning and Zoning boards as to what would most benefit the town and the project itself.

Also on their agenda was the Falmouth Affordable Housing Fund. There is the possibility that there might be a request to increase the funding for the Housing Demand Study from the approved $30,000 to $50,000. The original $30,000 study was cancelled for lack of performance on the part of the contractor.
It was left to Patti Haney to call the Affordable Housing Fund Committee to advise them that any substantial change to the application will require them to come back to the CPC.

• SPRING BARS ROAD MULTI-USE:
Ken Buckland advised the subcommittee is still focusing on implementation.

• HISTORIC PRESERVATION:
Eric Dray, the CPC’s Historic Preservation Consultant, did an evaluation on the Chamber of Commerce building, a copy of which will be sent to Chamber of Commerce President, Jay Zavala. 
Eric has agreed to be the consultant for the Chamber of Commerce project. Eric will be providing cost estimates with recommendations it was noted that Eric did not cover the portico component. 

REVIEW TRANSITION PROCESS:
• Committee Preferences for CPC Long-term Position:
Co-chair Patti Haney asked members to compare the two job descriptions provided by Human Resources for the CPC position and think about the skills that would best apply and enable the CPC committee to make use of the best resources and research capabilities required to carry out the mission of the Community Preservation Act. 

• Committee Roles:
Co-chair Patti Haney advised that the committee’s temporary employee, Carole Sutherland, is working as the communication hub for members but were told they cannot make requests for research.

Co-chairs Patti Haney and Ken Buckland will be taking alternate months running the CPC meetings. Members should address their emails to both co-chairs.

BILLS: 
Because the committee’s temporary employee is awaiting training on the town’s new accounting system, the bills will be held. Carole Sutherland advised members the bill for Horsley and Witten has been paid.

MEETING MINUTES:
On the motion of Peter Clark/Ralph Herbst, the committee approved the minutes of July 18, 2013 with changes. Heidi Walz abstained.


FUTURE AGENDAS:
Ralph Herbst requested that future agendas include a break after 1 and ½ hours.
Sandy Cuny stated her preference for a two- hour maximum timeline for meetings.

There being no further business, the meeting adjourned at 9:30 PM to meet again on THURSDAY, AUGUST 8, 2013 AT 7:00 PM IN THE SCHOOL ADMINISTRATION BUILDING.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
AUGUST 8, 2013

MEMBERS PRESENT: Co-Chair Patti Haney; Ken Buckland; Virginia Carmichael; Peter Kroll; Ralph Herbst; Michael Powers; Heidi Walz; Sandy Cuny.
ABSENT: Ken Buckland; Peter Clark

Co-chair Patti Haney called the meeting to order at 7:00 PM in the School Administration Building.

PUBLIC COMMENT: None

INTERVIEW FOR LITTLE POND CONSERVATION AREA ECOLOGICAL RESTORATION & ACCESS:
Because Sub-Committee chair, Ken Buckland, was out of town, Michael Powers offered to speak to the project. On the application, the applicant shall be the Spring Bars Road Multi-Project Sub-committee. The Conservation Commission and the 300 Committee will submit letters agreeing to be co-applicants initially in order to keep the project moving forward. The funding request of $50,000 will cover design and permitting fees. The committee is hopeful that the town’s engineering department could provide part or all of the preliminary engineering work to allow the sub-committee to seek grant money.

FOLLOW-UP APPLICATIONS FOR CPA FUNDING:
• MORSE POND SCHOOL
On the motion of Virginia Carmichael/Michael Powers, the committee VOTED: unanimously
to move forward with the project subject to a clearer budget. The committee has concerns that it might not be ADA compliant. Funding would be contingent upon receipt of a plan and cost estimate to make it ADA compliant.

• Skate park:
At the previous meeting, Dr. Kevin Bleiler was asked to submit usage rates for the existing park and projected rates for the new facility. 

Sandy Cuny recused herself from any discussion and voting. 

Members Virginia Carmichael and Michael Powers agreed that the town needs a new skate park. On the motion of Virginia Carmichael/Ralph Herbst, the committee VOTED: unanimously to approve the project.

• Lawrence Academy:
Chamber of Commerce President Jay Zavala met with the Historic District Commission and did not come away with a clear picture, but the building is sited 10 feet outside the District. Heidi Walz advised that Eric Dray wrote the guidelines and the committee should aspire to achieve the highest standards in light of the building being town owned and because it is a municipally- owned project, the project will go through the public bidding process. This will change the figures for each of the components. Heidi Walz brought up the subject of a conservation restriction. Virginia said because she was unfamiliar with Conservation Restrictions she would like to see the language.

• Sandwich Road Fields:
Sandy Cuny stated that since the CPA funded the creation of the field, members should approve this application to install a much needed basketball court and pave the parking lot. Helen Kennedy provided the usage statistics for the baseball, lacrosse/football field. Peter McConarty provided a revised basketball court estimate and recommended deducting $43,438 from the original estimate of $209,947.10.

On the motion of Sandy Cuny/Peter Kroll, the committee VOTED: unanimously to approve the project.

DISCUSSION OF PROJECT APPLICATIONS AND FUNDING:
Because Peter Clark and Ken Buckland were unable to attend tonight’s meeting, members postponed voting on the funding portion of the projects.

• East Falmouth School Playground:
On the motion of Ralph Herbst/Virginia Carmichael, the committee VOTED: unanimously to approve the project.

• All Purpose Athletic Field:
Sandy Cuny recused herself from any discussion and voting.

On the motion of Heidi Walz/Michael Powers, the committee VOTED: unanimously to approve the project.

• Teaticket Park:
On the motion of Heidi Walz/Ralph Herbst, the committee VOTED: unanimously to approve the project.

• Housing Stabilization Study:
On the motion of Heidi Walz/Peter Kroll, the committee VOTED: unanimously to approve the project with minor corrections.

• Beach Gates:
On the motion of Heidi Walz/Sandy Cuny, the committee VOTED: unanimously to approve the project.

• Spring Bars Road Multi-Project:
On the motion of Sandy Cuny/Ralph Herbst, the committee VOTED: unanimously to approve the project.

REVIEW OF AVAILABLE FUNDS AND ALLOCATIONS:
Members engaged In conversation on the CPC revenue and expense projections and funding assignments scheduled for the next meeting. Ralph Herbst passed out a worksheet he developed as his guide for funding the recreation projects for the November town meeting. Funding the eight recreation projects would cost $905,000. The committee would still be short, but the difference could come from the undesignated funds balance.

PUBLIC COMMENT RE: PROJECTS:
300 Committee board members, Victoria Lowell, offered her approval for funding all the projects by stating the more we invest in the town the better off we will be She was there on behalf of the 300 Committee’s application for funds for Phase ii development of Teaticket Park, which, she stated, will involve less active recreation but which will provide a park for the heavily developed residential/business environment. 
She thanked the members for the tutorial on the CPC fund balances. As a town meeting member, she found it most useful and educational.

DISCUSS AND ACT ON BILLS:
Carole Sutherland reported on the steps for bill payment and the new accounting software. Once the committee signs off on a bill, she prepares it for electronic submission, which subsequently will require another signature. During her training, it was discovered that the departments will have a different process from town committees.

On the motion of Ralph Herbst/Heidi Walz, the committee VOTED: unanimously to pay Horsley and Witten $245.00 for the Spring Bars Road Landscape Master Plan.

On the motion of Heidi Walz/Peter Kroll, the committee VOTED: unanimously to pay Oak Grove Cemetery $3,983.30 for Requisition #5 and $1,260 for Requisition #6.

MEETING MINUTES:
On the motion of Ralph Herbst/Peter Kroll, the committee VOTED: unanimously to approve the minutes of July 25, 2013 with corrections

ITEMS FOR FUTURE AGENDAS:
Ralph Herbst recommended reconsideration of the committee’s previous vote not to accept applications from private property owners for historic preservation because of the lack of public benefit. Heidi Walz stated that preservation of historic properties is the public benefit.

The CPC’s vision for the Planner’s position. 

There being no further business, the meeting adjourned at 9:45 PM to meet again on THURSDAY, AUGUST 22, 2013 AT 7:00 PM IN THE SCHOOL ADMINISTRATION BUILDING.

Submitted by Mary J. Little, Recording Secretary

 

Community Preservation Committee Minutes

August 22, 2013


MEMBERS PRESENT: Co-Chairs Patti Haney and Ken Buckland; Clerk Ralph Herbst; Peter Kroll; Sandy Cuny; Michael Powers; Virginia Carmichael
MEMBERS ABSENT: Peter Clark, Heidi Walz
OTHERS PRESENT: Heather Harper; Jennifer Petit; Carole Sutherland; Jessica Whritenour
1. PUBLIC COMMENT: None.
2. CPA REVENUE AND EXPENSE PROJECTIONS: Virginia Carmichael presented a provisional planning tool developed by the finance subcommittee for the CPC’s consideration. Her presentation and the discussion that followed included the following:
• The instrument was created as a result of identifying a rational for allocating funds.
• This is a planning tool and it can be changed by the committee at any time.
• The spreadsheet allows for a view of both details and the larger picture; as changes are made to one component, a view of changes to the whole is presented.
• The subcommittee agreed to be very conservative with estimates.
• The surcharge is based on a 2.5% per year increase. 
• This year there is an accumulated balance of $2.2 million; this will not be the same every year.
• The subcommittee decided to put aside 30% for debt, 30% for recreation, 20% for open space, and 15% for Spring Bars Road
• 5% was left over after all the allocations.
• Perhaps the remainder could be labeled “undesignated” or “remaining undesignated”. 
• The remaining balance will be allocated for debt service.
• Jennifer Petit requested that the committee meet with her to discuss wording for town meeting articles and methods to track what the committee is reserving.
• Harper thought that an article would be needed to get the funds back.
• Jennifer Petit advised that the 2014 figures were estimates not actuals. The tax rate would be set in November.
• The committee should think in terms of current debt and to reserving money for future debt for the Falmouth Golf Course in case CPA funds are not available beyond 2012.
• Virginia Carmichael will send the spreadsheet to everyone for them to examine and work with.
• When the articles have been drafted, they will be sent to Jennifer Petit to fine tune the wording for town meeting. 
• The committee thanked the subcommittee for their good work.

3. DISCUSSION OF PROJECT APPLICATIONS AND FUNDING
A. Discussion on Americans with Disabilities Act Compliance:
The discussion included the following:
• The state informed that any playground or recreation areas such as parks must comply with ADA requirements. There are also provisions for retrofitting. 
• Pat Harris’s opinion suggested that projects using CPA funding must comply.
• It was pointed out that the CPC could tighten requirements, but not loosen them.
• Concerning playgrounds, it is not just the equipment that must be ADA compliant, but the access paths and materials.
• Ken O’Brien and Son said that their work on the East Falmouth playground was ADA compliant as far as the chips and the design and surface material are concerned. They were not sure if the pathway from the parking lot was compliant.
• Letters of agreement should note that ADA compliance is necessary.
• It would be up to the designer to decide how to achieve compliance.
• There are 2 levels of compliance, the Architectural Access Board standards and the Americans with Disabilities Act standards which are state and federal standards respectively. The state standards are higher.
• The applications received likely do not use figures that include ADA compliance. The office will contact applicants and inform them about the CPC conditions.
Peter Kroll moved that the projects before the CPC meet state and or federal access requirements. Sandy Cuny seconded.
A question arose about who decides which standard to use. 
A vote was taken and all in favor except Patti Haney opposed; motion passed. 
Virginia Carmichael moved that all applications to the CPC include the language regarding compliance with the state and or federal standards. Patti Haney seconded. All in favor; motion passed. 

B. Review Project Applications:
Projects were reviewed and the following comments were made:
• East Falmouth playground project would be affected by the motion just passed. Ralph Herbst said he made a site visit and noted that access may not be a problem for this playground.
• All-Purpose athletic fields appear to be OK Michael Powers reported.
• Teaticket Park has been designed to be compliant Jessica Whritenour reported.
• Should the beach gates have design criteria? The gates could beautify Falmouth and enhance the beaches, an important feature of the town. The gates could have some sort of character and detail without necessarily costing more money. Heather Harper volunteered to bring this message back to town hall.
Virginia Carmichael moved that the replacement gates have a consistent design. Michael Powers seconded. All in favor; motion passed. 
• Morse Pond School playground may be relocated. As this is being relocated, this may be an opportunity to encourage the higher standard. 
Virginia Carmichael moved that this project be conditioned to have adherence to the higher standard. Sandy Cuny seconded. All in favor; motion passed. 
• Sandwich Road Fields application was in part for handicapped parking. It was not known if the paths to the fields are accessible. 
• Lawrence Academy Building application may be lacking enough information. It is unknown if the proposal is ADA compliant. As this is a publicly owned building the bids are typically higher. Contractors are required to pay state rates on municipal projects, though it is possible that waivers may be obtained. Therefore, due to costs and process concerns, this chamber directed project may need to be revised. It will be important for someone with historical knowledge to oversee this.
• Skate park application will be asked to comply with ADA regulations.
• Spring Bars Road Multi-Project issues include access to the kayak launch.
C. Discuss Town Meeting Preparation:
The warrant closes on September 6th. Heather Harper noted that place holder articles can be used. The Board of Selectmen votes the articles on September 18th. 

4. HEAR PUBLIC COMMENT RE: PROJECTS:
Jessica Whritenour asked what the committee was looking for in terms of participation from the 300 Committee for the Spring Bars Road project. The CPC would like participation in the plan of development.

5. DISCUSS COMMUNITY PRESERVATION PLANNER :
Heather Harper provided an update and there was a discussion which included the following:
• The job description was reexamined. As part of a streamlining process, it was determined that the position would be one grade lower, from M-6 to M-5. The change would need to be approved by town meeting.
• The position would be under the Planning Department. The CPC would have the support of the town planner, assistant town planner and secretary as well as the preservation planner
• Will the CPC have access to the person? It is important that the person be available to answer questions that arise.
• The hiring process may begin in September.
• A concern was expressed about the funding source for the position. If the CPC does not contribute, will there be a lack of control or influence? Will the hours the person is available to the CPC be reduced? 4 days are needed for the CPC.
• Heather Harper noted that there was support for using CPA funds for projects and it was best to expend municipal funds for the position. This is a professional staff position. The CPC will be taken care of. Where the funds flow from does not change the accountability. This is a common model. 
• Concern was again expressed and it was emphasized that the aim was for the CPC to be prioritized. 
• The committee is unique in that members are appointed by various entities.
• Another concern of the CPC was finding a person with skills to do all that is required. In the past the committee has paid for training and could consider doing so again.
• It is important to get and retain the right person.
• Heather Harper stated that the CPC is welcomed to comment on candidates. Their job would be to articulate qualities that the candidates should have. The personnel director would be happy to speak with the CPC.
• The town planner will evaluate the person in this position.


6. SUBCOMMITTEE REPORTS
A. Finance: Discussed above.
B. Recreation: Report submitted.
C. Community Housing: Falmouth Housing Trust meeting to be held next week.

7. COMMUNITY PRESERVATION COALITION REPORT: 
Carol Sutherland met with Jennifer Petit regarding the report and no problems are anticipated. They plan to meet prior to the September 15 deadline to complete the report.

8. STAFF REPORT: 
Carole Sutherland sought guidance about what should be included in the letters of agreement. 
9. DISCUSS AND ACT ON BILLS:
Ralph Herbst moved to reimburse the 300 Committee $57,350 for the silo restoration. Peter Kroll seconded. All in favor; motion passed. 

10. REVIEW AND ACT ON MEETING MINUTES
A. August 8, 2013: Sandy Cuny moved to accept the minutes with corrections. Ralph Herbst seconded. All in favor; motion passed. 

11. CONSIDER ITEMS FOR FUTURE AGENDAS: 
• Schedule breaks during long meetings.
• Review policy for historical applications from private sources.
12. ADJOURN: 
At 9:00 Michael Powers moved to adjourn. Ralph Herbst seconded.

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
SEPTEMBER 12, 2013

Members Present: Co-chair Ken Buckland; Patti Haney; Ralph Herbst; Virginia Carmichael; Heidi Walz; Peter Kroll; Michael Powers.
Absent: Peter Clark

PUBLIC COMMENT: None

DISCUSSION OF PROJECT APPLICATIONS:
LAWRENCE ACADEMY/CHAMBER OF COMMERCE:
The town will be the applicant and it will go out to public bidding. In the meantime, Town Engineer Peter McConarty advises the scope of work will change. The result will be new cost estimates. Historic Preservation consultant, Eric Dray, has submitted his recommendations. Chamber of Commerce President, Jay Zavala, will be involved.

ADA COMPLIANCE RESPONSE:
East Falmouth and Morse Pond Schools will require new designs to comply with the ADA.
Cost estimates will change to reflect compliance. ADA compliance will be included in the Letters of Agreement. 
School Project Management:
This project will be handled by the Department of Public Works.

REVIEW PROJECT ARTICLES FOR TOWN MEETING:
Ken advised that Jennifer Petit provided the wording for the draft articles for Town Meeting. The committee will have an opportunity to go into more detail on the floor.

DISCUSS LOA CRITERIA FOR PROJECTS:
The committee discussed the projects that will require special criteria for the LOA’s. 
The East Falmouth and Morse Pond School Playgrounds will be required to comply with the ADA’s highest standards. Payments will be made to the vendors directly.
The All Purpose Athletic Field criteria will include wording that turf will not be included as part of the project.
The Housing Stabilization Study should include the guidelines for the distribution of monies.
The Beach Gates Project should include criteria for a consistent design.
The Lawrence Academy should place a Preservation Restriction on the building and the CPC will pay for the restriction. Criteria for wood shingles should be so stated and the project shall comply with the Secretary of the Interior’s Standards.
Sandwich Road Fields and the Skatepark are town-owned property and will require ADA compliance.
Little Pond Conservation Area has a Conservation Restriction on the land. The 300 Committee and Conservation Commission should also be listed In the LOA’s.
Town Meeting Preparation:
Ken advised the committee should be prepared to discuss the money allocations for the projects.
Virginia Carmichael asked for a breakdown of the CPA funding accounts.
Dates for precinct meetings will be established in mid- October.

HEAR PUBLIC COMMENT RE: PROJECTS: None

PROJECT CLOSEOUTS:
Carole Sutherland reported the following closeouts:
Oak Grove Cemetery; Beach Nourishment project and the Woods Hole Cemetery.

Patti Haney advised that Jennifer Petit will prepare a final report on closeouts and she stated the CPC will not have to go back to Town Meeting on projects that have not started. Patti stated the committee needs to have a discussion on the 2012 November Town Meeting projects.

SUBCOMMITTEE REPORTS:
The Finance and Recreation subcommittees had nothing to report.

Chair of the Community Housing Subcommittee, Patti Haney, reported they met with Ann Saganic on the Odd Fellows Building. The Housing Trust is the landlord for the property. The industry standards for the Fair Market Rates are being lowered by 7%. causing leases to be renegotiated. The Odd Fellows Building will be applying for funds through the Local Initiative Program (LIP).

LONG RANGE PLAN FOR COMMUNITY PRESERVATION COMMITTEE:
Ken Buckland asked for member’s thoughts for preparing a long-range plan for the committee. He felt the committee does not generate plans for where the money is going. He thought it would be useful in light of the fact that the committee membership will change and it is helpful to have goals.

Ralph Herbst stated it can be done via a workshop. He stated the committee has a plan in place and it is updated yearly. The committee also provides an Annual Report and a yearly budget.

Sandy Cuny felt the committee would be limited to what they could fund and she thought it unique to review each application. She felt there would be too many variables.

Heidi Walz advised the committee should wait until the Historic Preservation Plan is completed, and if the committee changes its policy on funding private projects in any of the categories.

REVIEW POLICY ON FUNDING PRIVATE HP PROJECTS:
Heidi Walz suggested there are many town-owned properties and the committee should wait until the Historic Preservation Plan is completed by Heritage Strategies. Sara Korjeff of the Cape Cod Commission will be working on this plan as well.

UPDATES:
CAPE COD COMMISSION REPORT:
Town Planner Brian Currie advised the committee can expect to see the CCC report by the end of September.

LONG- TERM STAFF POSITION:
Members reviewed the job description entitled “Community Development Planner Grade M-5”, which was meant to fill the position and goals of the committee, but was revised to give the Planning Department more assistance. 

Virginia Carmichael stated the job description was an accountability nightmare and questioned who would work in a job that had multiple lines of authority. She questioned how Town Manager Julian Suso would approve the job description in light of his goal to streamline town government by reducing the channels of communication with his office.
Ralph Herbst expressed his strong opposition. The wording in the first paragraph proposed the planner position would work with the Community Development and Economic Development committees. The town meeting articles would require the approval of the town management with no mention of town meeting. There was no mention of the person being able to consult with chairs of committees, boards and commissions. He could not find any reference to the hours that would be devoted to the Community Preservation Committee. The committee paid the planner, who devoted 80% of the time to the committee, from its administrative budget. Ralph noted that the job description was not submitted as a “draft”. He advised that he attempted to reach Personnel Director Denise Coleman to no avail.
Ralph Herbst said he would vigorously oppose this at town meeting

Sandy Cuny stated that as a Town Meeting member and a CPA member, she could not support this job description. It does not guarantee the committee would have at least 30 hours a week dedicated to the CPC. When asked by Sandy to seek the changes required by the the committee, Patti Haney replied she did not think it would happen. The job description, as proposed, provides a third position for the Planning Department.

Michael Powers stated his opposition by citing the fact the CPC manages over $3 million in funds and the committee is entrusted with taxpayer money, which makes it important to continue to have the necessary office support to fulfill its obligations.

Peter Kroll agreed with his fellow members and offered a motion, seconded by Ralph Herbst that the job description state that 80% of the time be devoted to the CPA and 20% to the Historic Commission and Historic Districts Commission as was proposed and discussed this summer. 

Sandy Cuny asked Peter if he would amend his motion to inform Town Manager Julia Suso and Personnel Director Denise Coleman of the committee’s objections to the proposed job description. The motion and subsequent amendment were unanimously VOTED. 
.
BILLS:
On the motion of Sandy Cuny/Michael Powers, the committee VOTED UNANIMOUSLY to approve the following two bills for payment:
Woods Hole Cemetery - $4,324
Oak Grove Cemetery -$3,705

ACT ON MEETING MINUTES:
Minutes of August 22, 2013 were held.

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
SEPTEMBER 26, 2013

Members Present: Co-Chair Patti Haney; Ken Buckland; Ralph Herbst; Peter Kroll; Sandy Cuny; Peter Clark.
Absent: Heidi Walz; Michael Powers
Co-Chair Patti Haney called the meeting to order a 7:00 Pm in the School Administration Building.
PUBLIC COMMENT:
Nancy Hayward, who is a member of Town Meeting Precinct 5 and the Falmouth Historical Commission,
commented on Article 13, which creates a new position in the Planning Department for a Community Development Planner. She stated she has not seen the job description, but is not an advocate. She cited the need for a preservation planner to provide the assistance required by the Historic Districts and Historical Commission.

REPORT FROM FINANCE DIRECTOR JENNIFER PETIT:
Jennifer Petit provided the committee on a Fiscal Overview with a power point presentation, which illustrated the FY13 Revenues and Expenditures. She provided the estimated revenues; debt service and state match figures for FY’14. The total monies committed from estimated revenues are $1,352,788. 

The committee could vote a budgeted reserve of 10% via an article. This would allow the committee to spend monies after the tax rate is set. When you vote a project at the Special Town Meeting, the monies are available immediately.

She offered to help set up a planning tool, which would allow the committee to track it. The commitment for the tax rate is set in November. Consider it a year behind.

She concluded her presentation by advising the committee to maximize the available revenues and keep an undesignated fund balance available throughout the fiscal year.

Ms. Petit also provided the CPC with a new amount for the Undesignated Fund Balance and noted it was what the CPC had been expecting because of the payment of $500,000 short term debt on the Spring Bars Road property. Peter Clark stated he thought the $500,000 PARC grant received on the Teaticket Park property had been used for that payment; he asked if she would research what had become of the grant.

UPDATES ON PROJECT APPLICATIONS:
AMERICAN WITH DISABILITIES ACT COMPLIANCE:
Patti Haney referred members to a memo from the Coalition involving the installation of artificial surfaces at playgrounds. Two towns are going ahead with the artificial surfaces at their playgrounds. They suggested seeking an opinion from Falmouth’s Town Counsel.

Ken Buckland advised there are different prices for the new materials. He received a message that the skate park can build ADA compliance into the design.

Peter Clark suggested the committee build the playgrounds at the highest standard to provide long-term accessibility and an amount to cover ADA compliance can be brought to Town Meeting when the figures are available.
LAWRENCE ACADEMY-CHAMBER OF COMMERCE BUILDING:
Jennifer Petit advised there is still time before the committee’s October 10th meeting to obtain the final figures for for appropriate historical preservation methods. The warrant goes to the printer on October 16th.

MOTIONS FOR RECOMMENDATIONS TO TOWN MEETING:

Article 31 – Lawrence Academy/Chamber of Commerce: 
On the motion of Peter Clark/Peter Kroll, the committee VOTED: to recommend a sum not to exceed $146,786 from the Historic Preservation category to fund capital improvements for the roof, cupola and chimney for the historic preservation of the structure in accordance with the Secretary of the Interior’s Standards for the treatment of historical properties.

Article 32 – Little Pond Conservation Area:
On the motion of Peter Clark/Peter Kroll, the committee VOTED: to recommend $50,000 from FY’14 Community Preservation Estimated Revenues for the purpose of Ecological Restoration and Access improvements to the Little Pond Conservation Area in accordance with the Master Plan adopted by the Conservation Commission.

Article 33 – East Falmouth Elementary School Playground:
On the motion of Peter Clark/Peter Kroll, the committee VOTED: to recommend the sum of $55, 115 from FY’14 Community Preservation Estimated Revenues and to comply with the American with Disabilities Act.

Article 34 – Sandwich Road Field Complex:
On the motion of Peter Clark/Peter Kroll, the committee VOTED: to recommend the sum of $196,948 from the Community Preservation Undesignated Fund Balance and to comply with the American Disabilities Act.

Article 35 – Skate park Facility:
Sandy Cuny recused herself from the following discussion and vote:

On the motion of Peter Clark/Peter Kroll, the committee VOTED: to recommend the sum of $185,000 from FY’14 Community Preservation Estimated Revenues to construct a new Skate Park facility located at the Trotting Park Fields and to comply with the American Disabilities Act.
 

Article 36 – Teaticket Park:
On the motion of Peter Clark/Peter Kroll, the committee VOTED: to recommend the sum of $63,735 from FY’14 Community Preservation Estimated Revenues to create a Wetlands Path, Boardwalk and Observation Platform at Teaticket Park and to comply with the American Disabilities Act.

Article 37 – Beach Parking Lot Gates:
On the motion of Peter Clark/Sandy Cuny, the committee VOTED: 4-3 to recommend the sum of $17,463 from FY’14 Community Preservation Estimated Revenues for the purchase of Beach Parking Lot gates to cover the first year’s highest priority at Menahuant; Surf Drive and Bristol Beaches. 

Ms. Cuny seconded the motion to enable discussion but voted against the motion in the end.

Article 38 – Falmouth High School All-Purpose Athletic Field:
Sandy Cuny recused herself from the following discussion and vote:

On the motion of Peter Clark/Peter Kroll, the committee VOTED: to recommend the sum of $250,000 from FY’14 Community Preservation Estimated Revenues to construct an All-Purpose Athletic Field located at Falmouth High School and to comply with the American Disabilities Act.
 

Article 39 – Morse Pond School Playground:
On the motion of Peter Kroll/Peter Clark, the committee VOTED: to recommend the sum of $62,000 from the FY’14 Community Preservation Estimated Revenues to rehabilitate the Morse Pond School Playground and to comply with the American Disabilities Act.

On the motion of Peter Kroll/Ralph Herbst, the committee VOTED: to amend the motion by adding the words “and the Massachusetts Architectural Access Board.”

Article 40 – Falmouth Housing Stabilization Fund:
On the motion of Peter Kroll/Ralph Herbst, the committee VOTED: to recommend the sum of $40,000 from FY’14 Community Preservation Estimated Revenues.

SUBCOMMITTEE REPORTS:
RECREATION:
Ralph Herbst reported the subcommittee met to discuss the ADA issues for the playgrounds at East Falmouth and Morse Pond Schools;
Ken Buckland’s research revealed there are waivers to these requirements based on the percentage being budgeted to the value of the property being improved.

In the matter of the PAL project, the subcommittee recommended the committee seek to have the $20,000 earmarked for the project returned to the CPA. The property is up for sale.

COMMUNITY HOUSING: No report

FINANCE: No report. Ralph Herbst stated the committee agreed on the percentages and there is no need to discuss the spreadsheet. 
Peter Clark advised there is no reason to meet until the park grant issue is resolved.

UPDATES:
PROJECT CLOSEOUTS:
Town Counsel Frank Duffy advised there is no need to seek an article at Town Meeting to close out the PAL project.
On the motion of Sandy Cuny/Peter Clark, the committee VOTED: unanimously to close out the project,
and provide a brief report on the floor of Town Meeting.

On the motion of Sandy Cuny/Ralph Herbst, the committee VOTED: unanimously to close out the Housing Production Plan for $20,000 for lack of implementation. A brief report will be provided at Town Meeting.

Co-chairman Haney asked that we be careful whether those monies had to be returned to specific accounts. Ms. Petit assured her that those issues would be resolved.

LETTERS OF AGREEMENTS:
Ken Buckland, Patti Haney and Peter Clark will work on the LOA’s. In the meantime, the issue for the Historic Preservation Restriction on the WCAI building is not resolved. 
Patti Haney said this is a perfect example of why the committee needs a full-time staff person to support the work of the Community Preservation committ

PAYMENT OF BILLS:
On the motion of Virginia Carmichael/Sandy Cuny, the committee VOTED: unanimously to approve a payment of $20,000 to the 300 Committee for the Riverbend Silo project. 

REVIEW AND ACT ON MEETING MINUTES:
On the motion of Ralph Herbst/Sandy Cuny, the committee VOTED: to approve the August 22, 2013 minutes with changes. Peter Clark abstained.

On the motion of Sandy Cuny/Ralph Herbst, the committee VOTED: to approve the September 12, 2013 minutes with changes. Peter Clark abstained.

ITEMS FOR FUTURE AGENDAS:
Ralph Herbst requested the Community Housing subcommittee inform the committee the status of the Affordable Housing Fund including the distribution of funds. 
Patti Haney informed him that no monies have been expended, but she will provide a report.

Discussion on the acceptance of no new projects
Peter Clark remembers the committee fashioning language to restrict projects to November Town Meetings. 

There being no further business, the meeting adjourned at 9:05 PM to meet again on THURSDAY, OCTOBER 10, 2013 AT 7:00 PM IN THE SCHOOL ADMINISTRATION BUILDING.

Submitted by: Mary J. Little, Recording Secretary 

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
OCTOBER 10, 2013

Members Present: Chair Kenneth Buckland; Patti Haney; Ralph Herbst, Clerk; Michael Powers
Sandy Cuny; Heidi Walz; Virginia Carmichael; Peter Kroll.
Absent: Ralph Herbst; Peter Clark
Attendees: Assistant Town Manager Heather Harper; Personnel Director Denise Coleman; Selectman Douglas Jones

Chair Ken Buckland called the meeting to order at 7:00 PM in the School Administration Building.

PUBLIC COMMENT: None

UPDATES ON CURRENT PROJECTS:
Morse Pond School Playground:
Patti Haney reported on a joint meeting with Mike Ward; Principal Andrea Schwamb; Cathy Marques and Peter McConarty of the DPW. The consensus was to move the basketball court, which would increase the area of the playground. The Recreation Department was consulted and advised the playground is used seven days a week. School Principal Schwaumb suggested they would like to come back for the April Town Meeting with an article to move the basketball court, but requested the $62,000 be put into a reserve fund.

Lawrence Academy/Chamber of Commerce Bldg.:
Heidi Walz reported on her meeting with Heather Harper; Falmouth Facilities Manager Shardell Newton and Preservation consultant Eric Dray (via a conference call). Shardell thought the project would require an architect and complicated engineering plans for the Building Department. She was assured it is less complicated. The Preservation Restriction relates only to the exterior restoration and efforts to maintain it in perpetuity to insure the money is well spent. Eric will write the Preservation Restriction.

LETTERS OF AGREEMENT AND SPECIAL CONDITIONS:
• ARTICLE 31
The Finance Committee tabled this article pending receipt of the job description.
Assistant Town Manager Heather Harper and Personnel Director Denise Coleman appeared before the committee to speak to Article 13, which will eliminate the position of Assistant Town Planner, Community Preservation – Grade M-6 with a Grade M-5 position entitled Community Development Planner.
Assistant Town Manager Heather Harper asserted the town’s interest is to satisfy the needs of the CPC.
Personnel Director Denise Coleman stated the new position was changed from Community Preservation Planner to Community Development Planner to assist the EDIC, affordable housing and the Historic Districts Commission and Historic Commission. Because of the vacancy position, it allowed the town to evaluate the position and its responsibilities.

The committee was told the position will be advertised before Town Meeting with an updated job description, which was distributed to the committee. The position will be under the supervision of the Town Planner, Brian Currie.

The position will be funded with 80% CPA monies. It was pointed out by a ruling of the Department of Revenue that CPA funds limit the use of their funds for administrative and operating purposes to those incurred only by the committee in carrying out its statutory duties and does not apply to government departments.

Virginia Carmichael worried that the demands of time required by the CPC might be affected by the duties of a community development planner to serve multiple committees. She suggested that the wording in the job description and subsequent advertising state that 80% of the person’s time would be devoted to the community preservation committee.

Selectman Douglas Jones, who was present for this discussion, asked members whether they were in support of Article 13. Members replied they would be supportive if the new position provides the needs and job skills required to comply with their statutory duties.

ARTICLE 31 – LAWRENCE ACADEMY
The Finance Committee tabled this article pending receipt of revised project costs.
On the motion of Heidi Walz/Patti Haney, the committee VOTED: unanimously to amend the recommendation to increase the project cost from $190,000 to $210,000 to cover possible technical issues and to approve the Letter of Agreement. Preservation consultant Eric Dray is finalizing the Special Conditions.
• ARTICLE 32 – LITTLE POND CONSERVATION AREA, SPRING BARS ROAD.
The Finance committee approved this article
Ken Buckland advised this project will be a group effort between the Conservation Commission; 300 Committee and the CPC. 
On the motion of Virginia Carmichael/Peter Kroll, the committee VOTED: unanimously to approve the Letter of Agreement as recommended by Finance Director Jennifer Petit. There are no Special Conditions required at this time.
• ARTICLE 33 - EAST FALMOUTH PLAYGROUND
The Finance Committee tabled this article pending receipt of revised project costs.
Following discussion, on the motion of Heidi Walz/Sandy Cuny, the committee VOTED: unanimously to amend the previous recommendation for funding from $55,115 to $64,406 to include one additional piece of equipment. The Letter of Agreement and Special Conditions were approved as written.
• ARTICLE 34 - SANDWICH ROAD FIELD/PARKING LOT
The Finance Committee approved this article for $196,498.
On the motion of Sandy Cuny/Virginia Carmichael, the committee VOTED: unanimously to approve the Letter of Agreement and Special Conditions as written.
• ARTICLE 35 – FALMOUTH SKATE PARK/TOGETHER WE CAN
Sandy Cuny recused herself from any discussion and voting.
The Finance Committee approved this article for $185,000.
On the motion of Heidi Walz/Michael Powers, the committee VOTED: unanimously to approve the Letter of Agreement and Special Conditions as written.

• ARTICLE 36 – TEATICKET PARK
The Finance Committee concurred with the recommendation of $63,735.
On the motion of Peter Kroll/Sandy Cuny, the committee VOTED: unanimously to approve the Letter of Agreement and Special Conditions as written.
• ARTICLE 37 - BEACH GATES
The Finance Committee voted against this project stating it should be funded through the operating budget.
On the motion of Virginia Carmichael/Michael Powers, the committee VOTED: unanimously to approve the Letter of Agreement as written. Under Special Conditions, only the first sentence shall remain. The committee voted to remove the wording requesting a consistent design. 
Ken Buckland said he would include in the cover letter the committee’s desire to maintain a consistent design for the beach gates.
• ARTICLE 38 – FALMOUTH HIGH SCHOOL ALL PURPOSE FIELD.
Sandy Cuny recused herself from any discussion and vote.
The Finance Committee voted against this proposal by stating the $2 million in project costs have no funding source.
On the motion of Heidi Walz/Michael Powers, the committee VOTED: unanimously to approve the Letter of Agreement as written. Under Special Conditions the committee voted to add an additional condition that if the $2 million is not fully funded or in place by the November 2014 Town Meeting, the project will be withdrawn.
• ARTICLE 39 – MORSE POND PLAYGROUND
The Finance Committee tabled this project pending receipt of the revised project costs.
Patti Haney stated it would be best if they moved the playground closer to the school and they may think about other elements in the planning process.
On the motion of Peter Kroll/Heidi Walz, the committee VOTED: unanimously to approve the Letter of Agreement as written. 
The Special Conditions will state the playground must be in compliance with the American Disabilities Act as well as the Massachusetts Architectural Board, which will require a broader master plan for the school’s recreational facilities.
• ARTICLE 40 – FALMOUTH HOUSING STABILIZATION PROGRAM
The Finance Committee approved this article for $40,000.
On the motion of Heidi Walz/Peter Kroll, the committee VOTED: unanimously to approve the Letter of Agreement and Special Conditions as written.

Finance Committee Meeting:
Ken Buckland reported that the town’s Finance Committee met on October 8th to review the CPC articles. They reported their findings in a memo dated October 9th. The Finance Committee voted: 5-4 against the Beach Parking Lot Gates feeling the project should be funded through the operating budget. They also voted against the Falmouth High School All Purpose Field because the $2 million in project costs have no funding source. Three projects were tabled awaiting revised project costs and five projects were approved.

Precinct Meetings Preparation:
Precincts 1 and 2 - October 30th - Civil Defense Room – 
Precinct 3 – November 6 - Gus Canty – Patti/Michael
Precinct 4 – November 4 – East Falmouth School
Precinct 5 and 6 - North Falmouth School - Peter Kroll
Precinct 7 – November 9 Waquoit Nursery
Precinct 8 and 9 - November 9 - Cape Cod Fair Grounds

Materials for Town Meeting:
Ken Buckland advised the committee will provide a power point presentation for Town Meeting.

TOWN MEETING PREPARATION FOR SPRING TOWN MEETING:
Ken Buckland advised that three projects have already been slated for the spring town meeting - Lawrence Academy Phase II; Morse Pond School and Falmouth High School.

SUBCOMMITTEE REPORTS:
None to report.

BILLS AND STAFF REPORT:
No bills were submitted for payment.

MEETING MINUTES:
On the motion of Virginia Carmichael/Sandy Cuny, the minutes of the September 26, 2013 were VOTED: with corrections. Heidi Walz and Michael Powers abstained.

FUTURE MEETING SCHEDULE:
Ken Buckland discussed the dates leading up to Town Meeting (November 12th), The CPC will be meeting on October 24th and November 21st. The November 7th meeting will be cancelled. The committee will meet at 6PM prior to the start of Town Meeting.

Sandy Cuny advised she will be away from October 27th to Town Meeting.

There being no further business, the meeting adjourned at 8:35 PM to meet again on THURSDAY, OCTOBER 24, 2013 AT 7:00 PM IN THE SCHOOL ADMINISTRATION BUILDING.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
OCTOBER 24, 2013
 

Members Present: Co-chair Ken Buckland; Patti Haney; Peter Kroll; Peter Clark; Virginia Carmichael; Michael Powers
Absent: Heidi Walz; Ralph Herbst; Sandy Cuny

Co-Chair Ken Buckland opened the meeting at 7:00 PM in the School Administration Building.

PUBLIC COMMENT: None

TOWN MEETING ISSUES:
Review Explanation of Articles:
ARTICLE 39 – MORSE POND PLAYGROUND:
Peter Clark, who was absent at last week’s meeting, stated he had misgivings about this article. He stated the LOA sets expectations, but there is no money to support those expectations. If the choices are: recommending it or hold it and wait for the full plan, he would support waiting for the broader plan for the placement of other recreational facilities and supplement the full design at April 2014 Town Meeting.

On the motion of Peter Kroll/Michael Powers to withdraw the article without prejudice, the motion did not carry.

Following discussion, on the motion of Peter Clark/Virginia Carmichael, the committee VOTED: 4-2
To support this article but adds a condition to the Town Meeting article that plans for full compliance with the ADA and Massachusetts Architectural Board must be presented by January 2014 along with costs to make it accessible so that the CPC will be prepared to supplement additional costs on the April Town Meeting warrant.

ARTICLE 13 COMMUNITY PRESERVATION TO DEVELOPMENT PLANNER JOB CHANGE:
Peter Clark noted that the Grade M-6 monies have been allotted until April 2014 and the job description is different from the posting.
Concerns raised:
1) Request assurance in writing that for the next fiscal year, the applicant will work for the CPC at 80% of the time.
2) Request confirmation in writing that the CPC will serve on the committee selection process.
3) Request confirmation in writing that the job description and article read: “Community Preservation/Community Developer Planner.”
4) Request assurance that the position requires the expertise to process $ 3million funding and protect the best interests of the town.

Preparation for Town Meeting:
Ken Buckland advised that Michael Powers has been busy taking pictures in preparation for the CPC’s slide program at Town Meeting.
CPC representation was finalized for upcoming precinct meetings.
Peter Clark suggested referencing Horsley and Witten for the Little Pond Conservation area master plan. 

Explanation that the East Falmouth School playground funding is for the pre-school playground.

APRIL 2014 SPECIAL TOWN MEETING:
Guidelines for Accepting Projects for April Town Meeting:
Peter Clark referred to the committee’s previous votes (August 23, 2012 and October 27, 2011) to define eligible projects for April Town Meeting. These decisions were made to take limited projects that meet certain criteria.

Following discussion, on the motion of Peter Clark/Michael Powers, the committee VOTED: unanimously to reconsider any project previously considered if the applicant can submit adjustments and clarification of an emergency or time critical situation. Said projects will be considered on a case-by-case basis.
Report on Inquiries for April Town Meeting:
Ken Buckland advised that projects for April Town Meeting include: Bikeracks; Morse Pond School Playground; Lawrence Academy and a historical project on Palmer Ave. The cut-off date for submittals is November 22nd.

SUBCOMMITTEE MATTERS:
Community Housing Subcommittee:
Patti Haney advised the committee that the Odd Fellows Housing project must meet with the CPC before December 31st in order for the project to progress.

UPDATES ON CURRENT PROJECTS: None to report

BILLS AND STAFF REPORT:
Because Carole Sutherland is away, there are no bills.
STAFF REPORT:
Carole submitted a memo to Ken Buckland from Treasurer Susan Ripley about an inquiry from Peter Clark on the status of the PARC and land grants monies.
The $500,000 PARC grant (CPA State Reimbursement/Teaticket Park was received and posted June 30, 2012. 
The CPA State Reimbursement/Bartolomei grant for $473,625 was posted September 14, 2009. 

MEETING MINUTES:
On the motion of Virginia Carmichael/Peter Kroll, the minutes of October 10, 2013 were voted with corrections.

FUTURE MEETING SCHEDULE:
Members reviewed their meeting schedule as follows:
November 7, 2013 meeting – cancelled
November 12 - meet at 6PM Lawrence School prior to Town Meeting.
November 22, 2013 - Date for submittal of Spring Town Meeting projects.
December 5 and 19th - Review administration budget and long-term debt and project review for eligibility. (Ken Buckland and Patti Haney will review the applications for eligibility and present to the full committee for vote.)
January 2, 2014 - CPC votes decisions.

There being no other business, the meeting adjourned at 8:40 PM to meet again on November 12 2013 at 6:00 PM in the Lawrence School prior to Town Meeting.

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
NOVEMBER 12, 2013

Members Present: Co-chair Patti Haney; Ralph Herbst; Heidi Walz; Peter Kroll; Peter Clark; Sandy Cuny; Michael Powers.
Absent: Co-Chair Ken Buckland; Virginia Carmichael

Co-chair Patti Haney opened the meeting at 6 PM in the Lawrence School.

PUBLIC COMMENT: None

UPDATE ON LONG-TERM POSITION:

Sandy Cuny, speaking on Article 13, stated even though the administration has been willing to work with the committee, the job description, as written, insures that no one can do the job. She reiterated her concern that the town manager and personnel need to re-write the job description. They developed the job description without any input from the committee.

Ralph Herbst announced that he intends to ask town meeting to vote against Article 13 and offered his reasons:
• This is an example of top down management.
• If it ain’t broke, don’t fix it.
• The position creates more work with less pay.
• The position will be supervised by the Town Planner, but the person will be working with the community preservation committee 4 days a week.
• The job description is in conflict with the Community Preservation Act. The act requires the committee to make recommendations to the legislative body, which is town meeting.

He stated he wanted petitioners to speak to the committee’s staff planner and not work through the Planning Department’s staff person.

Heidi Walz, Peter Kroll and Michael Powers also stated in their own words that the job description as proposed by town management does not align with the purposes of the Community Preservation Act.

Following discussion, on the motion of Peter Clark/Sandy Cuny, the committee VOTED: 6-1 to regretfully advise town meeting the committee cannot accept Article 13, as written, despite strong efforts to reach clarity.

UPDATES ON ARTICLES:
LAWRENCE ACADEMY:
Co-chair Patti Haney reported to the members that The town doesn’t want a Preservation Restriction on the building because it would limit their options. She said the wording for the Preservation Restriction was not in the Article itself, but in the Letter of Agreement. 

Heidi Walz offered that the Preservation Restriction protects the town’s investment in the building.
Peter Kroll stated there are waivers to the Massachusetts State Building Code.

Following discussion, on the motion of Peter Clark/Ralph Herbst, the committee VOTED: unanimously to recommend that town meeting require a Preservation Restriction on the building because it is not on the National Register and has no protections.

FUTURE MEETING SCHEDULE:
Co-chair Patti Haney advised the committee will meet on November 21st in the Civil Defense Room, Town Hall.

Because the CPC has changed the December meeting dates to Thursdays, the location for the December 5th and 19th meetings will be announced at a later date. Another town committee uses the School Administration Building at that time.

BILL SCHEDULE:
On the motion of Heidi Walz/Peter Clark, the committee VOTED: unanimously to approve the following bills for payment.
• Habitat for Humanity - $6,837,82 – Glenwood Avenue Housing Project
• John Wesley Church - $4000.00 - Cemetery Preservation.
• East Falmouth Burial Grounds - $1100.00

There being no further business, the committee adjourned at 6:45 PM to meet again on THURSDAY, NOVEMBER 21, 2013 AT 7:00 PM IN THE CIVIL DEFENSE ROOM, TOWN HALL.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION EXECUTIVE COMMITTEE MEETING MINUTES
NOVEMBER 21, 2013

Members Present: Co-chairs Patti Haney; Ken Buckland; Michael Powers; Virginia Carmichael;
Sandy Cuny; Peter Clark; Peter Kroll; Heidi Walz.
Absent: Ralph Herbst.

Co-chair Patti Haney called the meeting to order at 7:14 Pm in the Civil Defense Room, Town Hall.

Patti Haney stated there is an opportunity for the Oyster Pond Environmental Trust to purchase an important parcel of land from the Woods Hole Oceanographic Institute (WHOI). 
The parcel is 22 acres consisting of major wetlands, woodlands and is adjacent to the Spohr Gardens. The parcel could be used for a 10-lot subdivision or more if the 40B provision is utilized. 
More importantly, it is the last remaining undeveloped large parcel in the Oyster Pond Watershed and is the source of the only surface water to Oyster Pond.

WHOI is willing to sell the property, but would like to have a signed purchase and sale agreement by the end of December.

The Trust would like to apply for $250,000 in CPA funding.

Members agreed the time-sensitive nature of the proposed project was important because the parcel might not be available, if the Trust had to wait until the November town meeting to apply for funding.

Based on the time-critical nature to apply for funding at the April town meeting, Peter Clark/Heidi Walz offered a motion to consider this project eligible. By a roll call vote of 8-0, the committee endorsed the proposed project.

Members voted: 6-0 to adjourn the Executive session at 7:21 Pm to return to the public meeting.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
NOVEMBER 21, 2013

Members Present: Patti Haney; Ken Buckland; Peter Clark; Peter Kroll; Virginia Carmichael; Heidi Walz; Sandy Cuny; Michael Powers.
Absent: Ralph Herbst

Co-chair Patti Haney opened the meeting at 7:00 PM in the Civil Defense Room, Town Hall.

EXECUTIVE SESSION:
Co-chair Patti Haney requested approval to go into executive session at 7:04 PM in the Civil Defense Room. By a roll call, members VOTED: 8-0 to go into executive session.

The public meeting portion of the meeting resumed at 7:21 PM.

PUBLIC COMMENT:
Resident Nancy Hayward and member of the Historical Commission spoke to Article 38, which would create an all- athletic field at Falmouth High School. She expressed her opposition to this article citing the current economic position of the town and the greater need for a senior center to serve the town’s senior population. She stated, In the future when portions of the CPA funds are given out, it should be with a greater emphasis on needed improvements to the town. 

REVIEW OF TOWN MEETING MATTERS:
Members agreed that the CPA projects were well received because they will benefit the town as a whole. Sandy Cuny proposed the committee continue to educate and explain the status on the state match, surcharge and long term debt requirements etc. at town meeting, especially for newly elected town meeting members.
Peter Clark recalled the committee, in the past, sent out a 3-4 page overview of the warrant. He also noted that members were surprised that this year’s articles were not done under a blanket vote.

Long Term Position:
Peter Clark said it was gratifying that town meeting left no doubt that they wanted the position to remain as it was - Community Preservation Planner – Grade M-6 utilizing that job description.

Peter stated if there is doubt about the description of the job and based on the email received from the personnel director, he offered a motion that the Community Preservation Planner position –M-6 received a positive approval at Town meeting, and therefore should utilize the former job description and title and if there is a debate with the committee’s position, the committee should expect a legal opinion from Town Counsel.
Michael Powers seconded the motion. VOTED: 8-0

Proposal from CPC Clerk:
Patti Haney spoke to a proposal from Ralph Herbst wherein he offered to represent the CPC in the upcoming negotiations with Administration for the Community Preservation Planner position. This would relieve the co-chairs to assume other tasks facing the committee citing the lack of professional assistance 32 hours a week to manage the work load.

Although a positive motion was offered by Heidi Walz/Michael Powers to approve Ralph’s offer, Peter Clark reminded members they elected co-chairs and it is the substance of discussions with management that should change and was supported by the town meeting vote not in the manner being proposed by the town.

Ken Buckland felt he and Patti have done a good job negotiating the process and they should continue.
Members agreed and VOTED: 0-8 against Ralph’s proposal.

Patti stated the issue is the definition of responsibilities. Town administration wants our input on the skills and abilities we are looking for. Peter Clark said we should go back to the original job description. 

Other comments included: computer technology skills; ability to be an advocate for public relations; ability to research relevant laws and regulations; ability to prioritize across the board; a self- starter; someone who can deal with strong personalities were mentioned. Patti asked members to send their other comments, if any, to Carole.

Following discussion, on the motion of Peter Clark/Michael Powers, the committee VOTED: 8-0
To inform town administration and personnel that the CPC expects that to be involved in all aspects of the hiring process.

PROJECT LIAISON ASSIGNMENTS:

Lawrence Academy Building: Heidi Walz
Little Pond Conservation Area - Phase I Ken Buckland
East Falmouth Elementery School Playground: Peter Clark
Sandwich Road Field Complex Sandy Cuny
Skate Park Facility: Virginia Carmichael
Teaticket Park: Peter Kroll
Beach Parking Lot Gates: Michael Powers
All Purpose Athletic Field at FHS: Ralph Herbst
Morse Pond School Playground: Patti Haney
Falmouth Housing stabilization Program: Virginia Carmichael

Patti advised she will ask Carole to send the names and information of the contact
persons to the liaisons.

LETTERS OF AGREEMENT:

Heidi Walz inquired about the status of the Preservation Restriction for the Lawrence Academy.

Patti Haney advised that Heather Harper is working with the state on the Preservation Restriction but was told the town does not want the state to hold Preservation Restrictions. The Board of Selectmen will be voting on the Restriction.

Following discussion, On the motion of Heidi Walz/Peter Clark, the committee VOTED: 8-0 to retain the services of Preservation Consultant, Eric Dray, to write an overview of the benefits, requirements and management of Historic Preservation Restrictions in general and a recommendation for the options as to who shall hold the Restriction. Michael Powers amended the vote to include the words “at a cost not to exceed $500.” Amendment was VOTED: 8-0. 

Patti Haney advised she will ask Carole Sutherland to send out an email to the applicants stating the Letters of Agreement are in process and any questions should be referred to the CPA office.

SPRING 2014 TOWN MEETING:

Discussion of CPA state Match and Bonus:
The final figures came in for the state match. Falmouth will receive $1,376,543 or 54.88%.

Schedule for Warrant:
Not available.

Potential projects Requesting Eligibility for April Funding Round:
Patti reported that the Bikeways Committee is applying for the April funding round. Out of the original 12 sites they sought in their second application several years ago, only the Sandwich Road project was eligible at that time.
A motion to declare it eligible was offered by Michael Powers/Virginia Carmichael. 
Peter Clark moved to rescind the motion. He did not feel the project was of an emergency nature or time critical.
He questioned whether members wanted to consider a round of projects in light of the very limited staffing. 

On the motion of Michael Powers/Heidi Walz, the committee VOTED: 8-0 not to consider the Bike Committee’s proposal for the Spring round.

The JML Day Care Program is seeking funding to create a community garden, which will be handicapped accessible. 

Patti advised the vocational school will build the fence and raised beds during April and May.

On the motion of Peter Clark/Sandy Cuny, the committee VOTED 7-1 against accepting this proposal for the Spring round because it did not meet the restrictions previously set for April, 2014.

Ken Buckland said he will seek reconsideration of the emergency and time critical rules via a future agenda item.

OFFICE STAFFING:
Patti Haney informed members Carole Sutherland is going on vacation, and has called Personnel Director Denise Coleman for interim help in staffing the CPA office.

SUBCOMMITTEES:
Finance Committee:
Patti asked the subcommittee to meet to review, among other financial matters, the revised financial picture after the new state match monies and town meeting actions and a discussion of future percentage allocations for the priority categories.

Open Space:
Ken Buckland advised he will be meeting with Marlene McCollum of the Planning Office to discuss a grant application for Little Pond to the Department of the Interior.

Annual Needs Assessment:
Patti reported she would like to schedule the Hermann Room at the Main Library for the annual needs assessment in early January.

REVIEW BILLS:
The following bill was approved and voted for payment.
• John Wesley church - $450 – East Falmouth Burial Grounds

MEETING MINUTES:
On the motion of Peter Clark/Virginia Carmichael, the minutes of the October 24, 2013 minutes were approved with changes. Heidi Walz and Sandy Cuny abstained.

On the motion of Peter Clark/Heidi Walz, the minutes of November 12, 2013 were approved with changes. Ken Buckland and Virginia Carmichael abstained.

There being no further business, the meeting adjourned at 9:10 Pm to meet again on THURSDAY, DECEMBER 5, 2013 AT 7:00 PM IN THE CIVIL DEFENSE ROOM, TOWN HALL.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
DECEMBER 5, 2012
 

Members Present: Co-chairs Patti Haney; Ken Buckland; Clerk Ralph Herbst; Peter Kroll; Peter Clark;
Heidi Walz; Michael Powers; Virginia Carmichael.
Absent: Sandy Cuny

Co-chair Ken Buckland called the meeting to order at 7:00 PM in the Civil Defense Room, Town Hall.

PUBLIC COMMMENT: None

SPRING BARS ROAD HOUSING:
• REPORT FROM JOINT PLANNING/SELECTMEN MEETING
Ralph Herbst and Patti Haney attended Tuesday’s Joint Meeting with the BOS and Planning.
Ralph remarked the Executive Summary made it easy. The Cape Cod Commission (CCC), on the housing issue, recommend the town consult with the Department of Housing and Community Development (DHCD) about going ahead with the housing portion. They continue to recommend that the housing portion is feasible pending financial support through tax credits. There were some comments that if there is no RFP by a developer, the town will consider a Transfer of Development Rights. The town can transfer up to 66 units, but they talked about only 30-35.
Major obstacles are the FEMA maps and flood plain. The CCC recommended structures be raised one foot above the flood level and parking areas be constructed below. This approach would jeopardize the ability of rental units to be handicapped accessible. 
Ralph concluded that Planning and the BOS were willing to move ahead and contact DHCD. He wants the CPC to be involved in all aspects.

Patti Haney commented that some of the final words from Town Planner Brian Currie were to slow down, sit on it and think about it. She did not recall anyone talking about issuing an RFP.
Ralph Herbst’s perspective was Mr. Currie was cautioning against voting on anything. Two of the five selectmen were not there. However, for his part, he was not going to let it sit on the back burner.

Peter Kroll commented that the FEMA maps will not be available for a year. They are still taking comments. He spoke to the sewer issue and its proposed 2017 construction. He mentioned that Flurkey Chevrolet had leaking floor drains, yet the C21E done during the Griffoni proposal covered only a small portion on the parcel. Site filling require soil and hydrology analysis not to mention water table depths. In spite of his comments, he said he remains adamant about issuing an RFP.

Peter Clark noted the issue of fill was dealt with and learned that if there were problems, flows could be re-directed. They did not refer to the specifics from Griffoni C40B project. They seemed to be saying the flood zone could be handled. The housing will be done with high density and not spread out. The part of the report that was not clear was the sewer design and associated costs. He asked if it was worthwhile to invite Sarah Korjeff of the CCC to attend a future CPC meeting.

Ken Buckland agreed there were many moving parts to the issue: Sewer and wastewater; Transfer of Development Rights; housing; flood zone issues and involvement with DHCD.

On the motion of Ralph Herbst/Peter Clark, the committee VOTED: Unanimously to write a letter to the
BOS/Planning requesting they seek a meeting with DHCD, within 30 days, to discuss the feasibility of the project and that the CPC be represented in any proceedings.

Peter Kroll offered an amendment, seconded by Michael Powers that the CPC move forward with an RFP.
Patti Haney commented the committee should take one step before the other.
While Peter Clark stated he shares Peter’s frustration with the delay in the RFP, he felt a letter to the DHCD is the worthy step in the process. 
The committee VOTED: 1-7 against the amendment

PROJECT UPDATES:
• FEDERAL & STATE GRANT OPPORTUNITIES:
Ken Buckland talked about a grant application that is due January 31st through the Department of Interior’s Fish and Wildlife Foundation to issue Hurricane Sandy funds. In talking with Assistant Planner Marlene McCollum, there is a match requirement. He mentioned the $50K appropriated for the Spring Bars Road project for design and permitting could be used for the match requirement. However, the grant awards, up to $l million, will take a year. We could consider filing an article for construction.

He also talked about a state- sponsored Trails grant application which is due the end of February. It is for restoration only and the trails would be limited in the first phase of the Horsley and Witten Master Plan.
The grant award is for $200,000.
He asked members for their comments.
Peter Clark stated, in the interest of leverage, he would seek the Trails grant utilizing the $50K as a match and see how the federal grant is going.

Ralph Herbst said he wants to go ahead with the $50K appropriated for design and permitting of the Little Pond Conservation project. This was the intent and purpose of the Conservation Commission and the 300 Committee.

Ken Buckland advised the federal grant has to be in place within a few weeks. It can only be 10 pages long.
It is unknown if the Planning Office will be writing the grant. Michael Powers asked for an application and description of the grant. He figured it would only take 40 hours to write the grant.

On the motion of Peter Clark/Virginia Carmichael, the committee VOTED: 7-1 to prioritize efforts to use the $50K to match the federal grant. If it proves to be unworkable, then the monies shall be made available to match the state grant.

FINANCE AND BUDGET:
Peter Clark stated the Finance subcommittee met this morning and reviewed the planning spreadsheet the committee approved during the summer which showed provisional allocations in which the CPC funds may be used. The subcommittee revised the FY’2014 spreadsheet to show actual figures from the state match and other funds expended during the fall grant cycle. A copy was distributed for full committee discussion.

Peter Clark cited the possibility of private owners approaching the committee for funding applications in the recreation and historic preservation categories. He believes the committee should develop a policy decision. 
Virginia Carmichael discussed the committee’s goal of keeping $500K to $1million for possible new projects. The Open Space and SBR figures should be locked in. 
Ken Buckland proposed leaving the Recreation fund balance ($248,494) as is for now.
He also proposed a discussion before April town meeting on what the committee’s estimate should be for providing a balance in the Open Space category.

NEEDS ASSESSMENT:
Patti Haney announced the public meeting on the CPC’s Needs Assessment will be held in the Hermann Room at the Falmouth Public Library on Thursday, February 20, 2014 at 7:00 PM. 
Ralph Herbst suggested amending the by-law requiring the annual assessment because the committee has satisfied the requirement through its studies in the individual categories. 
Peter Clark stated the committee has made good faith efforts only to have small turnouts. He referred to the CPC’s budget spreadsheet as a basis for setting priority issues.
Heidi Walz advised the Historic Preservation consultant will be available after the first of the year to provide an update.
Ken Buckland concluded that additional ideas will be available at the next meeting.
SUBCOMMITTEES:
No reports were due.
• Future Agenda Items:
Ralph Herbst asked the co-chairs to consider hiring a facilitator in the spring to conduct a workshop for the committee.

CONFLICT OF INTEREST LAW:
Ken Buckland reminded members that the statement acknowledging receipt of the Conflict of Interest
Paper needs to be signed and given to Kathy Soares.

STAFF POSITION:
Ken Buckland advised members there will be a meeting next week about the staff position. Patti Haney remarked that Kathleen Soares was selected by the CPC to fill the interim position and the Personnel Office agreed to the arrangement.

COMMITTEE BILLS:
On the motion of Peter Clark/Virginia Carmichael, the committee VOTED: to approve the following bills for payment:
Heritage Strategies - $5,760 – Preservation Plan
Falmouth Public Library - $39,152 - Document Preservation

REVIEW AND ACT ON MINUTES:
On the motion of Peter Clark/Patti Haney, the committee VOTED: approval of the November 21, 2013 minutes with changes. Ralph Herbst abstained.

Ralph Herbst remarked he would like the minutes to reflect the committee’s congratulations to Co-chairs Ken Buckland and Patti Haney for their extraordinary efforts during the changes and voids of a full-time staff position.

There being no further business, the committee adjourned at 9:00 PM to meet again on THURSDAY, 
DECEMBER 19, 2013 AT 7:00 PM IN THE CIVIL DEFENSE ROOM, TOWN HALL.

Submitted by: Mary J. Little, Recording Secretary

 

COMMUNITY PRESERVATION COMMITTEE MINUTES
DECEMBER 19, 2013

Members Present: Co-chairs Ken Buckland; Patti Haney; Clerk Ralph Herbst; Peter Clark; Peter Kroll; Virginia Carmichael; Michael Powers. 
Absent: Sandy Cuny; Heidi Walz

Co-chair Ken Buckland called the meeting to order at 7:00 PM in the Civil Defense Room, Town Hall.

Executive Session: G.L. c30A Presentation of Proposed Project Re:
Potential Land Purchase.
Co-chair Ken Buckland asked for a vote to go into Executive Session.
On the roll call, the committee VOTED: 7-0 to go into Executive Session.

Following discussion, a motion to return to the regular session at 7:30 PM
Was approved 7-0 via a roll call vote.

PUBLIC COMMENT: None

SPRING BARS ROAD HOUSING:
Report from Planning and Board of Selectmen:
Ralph Herbst reported the Planning Board met Tuesday to discuss the CPC’s letter to the Planning Board and Board of Selectmen requesting them to agree to meet with the Department of Housing and Community Development (DHCD) within 30 days. The Planning Board doesn’t want to go ahead with the DHCD meeting. There were no positive comments.
Patti Haney watched the Planning Board’s meeting on TV and she felt there was unease about meeting within 30 days. It seemed to her there were issues about the flood zone and transfer of development rights. 

The discussion of the letter did not appear on the Board of Selectmen’s agenda.
Ken Buckland stated there are other agencies that fund Affordable Housing projects. He added there is flexibility with a developer approaching a bank for tax exempt monies for the project.

He added a meeting with the state would help determine if the project is feasible given that the land sits in a flood zone. Next step would be to figure the level of hazard.

Patti Haney noted there is a misunderstanding about the risks to the town.
It will take 3-4 years before a shovel hits the ground and the timeline is another piece.

Peter Clark stated he would like the Cape Cod Commission to come to a CPC meeting in order for the committee to discuss some aspects in the report and determine how they arrived at their assessment.

The committee agreed to have the Community Housing Subcommittee meet to review the RFP for possible revisions and discuss moving forward with the process by initiating contact with state agencies and town officials,
Including the WQMP committee.

UPDATES ON PROJECTS:
The Letters of Agreement have gone to Town Counsel. The East Falmouth School application will be changed to list the school department as the applicant.
The Lawrence Academy application will require the Board of Selectmen’s signature because it is a municipal project.

In the matter of the Federal and State Grant opportunities, Co-chair Ken Buckland announced that Assistant Town Planner Marlene McCollum advised they will not be pursuing the federal grant for the Little Pond project. The grant is due January 31st and there is insufficient time to write the grant.
The state grant, providing funding for trails restoration is due in February.

On the motion of Virginia Carmichael/Peter Clark, the committee VOTED:
6-0 to pursue with the town that the committee is prepared to fund the hiring of a grant writer for under $5,000. 

NEEDS ASSESSMENT:
Since the committee voted on December 5th to set the Needs Assessment public hearing for February 20th, Peter Clark suggested the Finance Subcommittee meet to reorganize the two spread sheets by blending them and creating a report listing the committee’s decisions about allocations. It will provide a basis for asking the public to come and discuss it at the Needs Assessment public hearing.
The committee VOTED: 6-0 to postpone the Needs Assessment public Hearing until Mid- March, at which time the committee hopes to have a staff
person in place and the committee will have a clearer picture for setting priority issues. 

SUBCOMMITTEES:
Reports:
None to report at this time.
Future Agenda Items:
Peter Clark suggested the Finance Subcommittee invite Budget Director Jennifer Petit in January to discuss her idea about proposed budget cycles and packaging the April and November articles.
He also suggested the Finance Subcommittee look at the long-term debt and Administrative Budget.

STAFF POSITION:
Co-chairs Ken Buckland and Patti Haney reported on the meeting with Town Manager Julian Suso and Personnel Director Denise Coleman on the CPC staff position.
Essentially they suggested hiring a contract person through the RFP process.
The CPC committee will develop the job description and scope of services and Jennifer Petit would help write the RFP for the M-6 position plus benefits.
There will not be oversight of this position by the town. The contract person will work solely for the CPC and will not be considered a town employee. The CPC will continue to have access to services and office space in town hall.
It will be a one-year contract with the option of renewal.
It was hoped that Denise Coleman would write a letter to the 28 applicants who have applied.

REVIEW AND ACT ON MINUTES:
On the motion of Virginia Carmichael/Peter Kroll, the committee VOTED: 6-0
To approve the minutes of December 5, 2013 with changes.

There being no further business, the meeting adjourned at 8:55 PM to meet again on THURSDAY, JANUARY 9, 2014 AT 7:00 PM IN THE SCHOOL
ADMINISTRATION BUILDING.

Submitted by: Mary J. Little, Recording Secretary


 

DRAFT COMMUNITY PRESERVATION EXECUTIVE SESSION MINUTES
DECEMBER 19, 2013

Members Present: Co-Chairs Ken Buckland; Patti Haney; Ralph Herbst; Peter Kroll; Peter Clark;
Virginia Carmichael; Michael Powers.
Absent: Sandy Cuny; Heidi Walz

On a roll call vote of 7-0, Co-Chair Ken Buckland called the executive meeting to order at 7:05 PM in the Civil Defense Room, Town Hall.

Wendi Buesseler, President of the Oyster Pond Environmental Trust,(OPET) returned to update the committee on the Trust’s proposed purchase of five parcels of land (22 Acres Total) belonging to the Woods Hole Oceanographic Institute (WHOI).

The CPC, on November 21st in an Executive Session, voted to declare the project eligible.

Since then, the Trust is awaiting an updated appraisal by WHOI. The Trust has $430,000 in pledges There is a line item in the Environmental Bond Bill for $850,000. They also plan to apply for a $400,000 state land grant in July. The trust will require a total of $650,00 to complete the sale. The Trust’s appraisal came in at $2.1 million.

She described the property as steep with the possibility of two vernal pools on site. Only source of surface water is the creek. Any development will adversely affect the pond. Michael Powers advised that vernal pools now require a 300’ buffer and some parts are in a flood zone.

Ms. Buesseler was advised the committee could fund $250,000 for now and wait upon the land grant
submittal. The committee would then consider additional funding for a bridge loan. Ms. Buesseler stated they will know by next January if they receive the land grant monies.

By a roll call vote of 7-0, the committee adjourned the executive meeting at 7:30 PM to return to its
regular meeting.

Submitted by: Mary J. Little, Recording Secretary
 

COMMUNITY PRESERVATION COMMITTEE MINUTES
DECEMBER 19, 2013

Members Present: Co-chairs Ken Buckland; Patti Haney; Clerk Ralph Herbst; Peter Clark; Peter Kroll; Virginia Carmichael; Michael Powers. 
Absent: Sandy Cuny; Heidi Walz

Co-chair Ken Buckland called the meeting to order at 7:00 PM in the Civil Defense Room, Town Hall.

Executive Session: G.L. c30A Presentation of Proposed Project Re:
Potential Land Purchase.
Co-chair Ken Buckland asked for a vote to go into Executive Session.
On the roll call, the committee VOTED: 7-0 to go into Executive Session.

Following discussion, a motion to return to the regular session at 7:30 PM
Was approved 7-0 via a roll call vote.

PUBLIC COMMENT: None

SPRING BARS ROAD HOUSING:
Report from Planning and Board of Selectmen:
Ralph Herbst reported the Planning Board met Tuesday to discuss the CPC’s letter to the Planning Board and Board of Selectmen requesting them to agree to meet with the Department of Housing and Community Development (DHCD) within 30 days. The Planning Board doesn’t want to go ahead with the DHCD meeting. There were no positive comments.
 

Patti Haney watched the Planning Board’s meeting on TV and she felt there was unease about meeting within 30 days. It seemed to her there were issues about the flood zone and transfer of development rights. 

The discussion of the letter did not appear on the Board of Selectmen’s agenda.
Ken Buckland stated there are other agencies that fund Affordable Housing projects. He added there is flexibility with a developer approaching a bank for tax exempt monies for the project.

He added a meeting with the state would help determine if the project is feasible given that the land sits in a flood zone. Next step would be to figure the level of hazard.

Patti Haney noted there is a misunderstanding about the risks to the town.
It will take 3-4 years before a shovel hits the ground and the timeline is another piece.

Peter Clark stated he would like the Cape Cod Commission to come to a CPC meeting in order for the committee to discuss some aspects in the report and determine how they arrived at their assessment.

The committee agreed to have the Community Housing Subcommittee meet to review the RFP for possible revisions and discuss moving forward with the process by initiating contact with state agencies and town officials,
Including the WQMP committee.

UPDATES ON PROJECTS:
The Letters of Agreement have gone to Town Counsel. The East Falmouth School application will be changed to list the school department as the applicant.
The Lawrence Academy application will require the Board of Selectmen’s signature because it is a municipal project.

In the matter of the Federal and State Grant opportunities, Co-chair Ken Buckland announced that Assistant Town Planner Marlene McCollum advised they will not be pursuing the federal grant for the Little Pond project. The grant is due January 31st and there is insufficient time to write the grant.
The state grant, providing funding for trails restoration is due in February.

On the motion of Virginia Carmichael/Peter Clark, the committee VOTED:
6-0 to pursue with the town that the committee is prepared to fund the hiring of a grant writer for under $5,000. 

NEEDS ASSESSMENT:
Since the committee voted on December 5th to set the Needs Assessment public hearing for February 20th, Peter Clark suggested the Finance Subcommittee meet to reorganize the two spread sheets by blending them and creating a report listing the committee’s decisions about allocations. It will provide a basis for asking the public to come and discuss it at the Needs Assessment public hearing. The committee VOTED: 6-0 to postpone the Needs Assessment public Hearing until Mid- March, at which time the committee hopes to have a staff
person in place and the committee will have a clearer picture for setting priority issues. 

SUBCOMMITTEES:
Reports:
None to report at this time.
Future Agenda Items:
Peter Clark suggested the Finance Subcommittee invite Budget Director Jennifer Petit in January to discuss her idea about proposed budget cycles and packaging the April and November articles.
He also suggested the Finance Subcommittee look at the long-term debt and Administrative Budget.

STAFF POSITION:
Co-chairs Ken Buckland and Patti Haney reported on the meeting with Town Manager Julian Suso and Personnel Director Denise Coleman on the CPC staff position.
Essentially they suggested hiring a contract person through the RFP process.
The CPC committee will develop the job description and scope of services and Jennifer Petit would help write the RFP for the M-6 position plus benefits.
There will not be oversight of this position by the town. The contract person will work solely for the CPC and will not be considered a town employee. The CPC will continue to have access to services and office space in town hall.
It will be a one-year contract with the option of renewal.
It was hoped that Denise Coleman would write a letter to the 28 applicants who have applied.

REVIEW AND ACT ON MINUTES:
On the motion of Virginia Carmichael/Peter Kroll, the committee VOTED: 6-0
To approve the minutes of December 5, 2013 with changes.

There being no further business, the meeting adjourned at 8:55 PM to meet again on THURSDAY, JANUARY 9, 2014 AT 7:00 PM IN THE SCHOOL
ADMINISTRATION BUILDING.
Submitted by: Mary J. Little, Recording Secretary