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Agenda and Minutes 2009-04-01 City of Northampton Community Preservation Committee 210 Main Street, City Hall Northampton, MA 01060 Community Preservation Committee Agenda DATE: Wednesday, April 1, 2009 TIME: 7:00 PM PLACE: City Council Chambers, 212 Main Street (BEHIND City Hall) Contact: Fran Volkmann, Chair, Community Preservation Committee Franv@comcast.net Tom Parent, Vice Chair, Community Preservation Committee ParentBridge@hotmail.com Bruce Young, Community Preservation Planner byoung@northamptonma.gov (413) 587-1263 Agenda Public Comment ? General ? Public Session to Discuss Round 1 Applications Acceptance of 3/18/2009 Minutes ? Chair's Report ? Review of Round 1, 2009 Applications ?? -Initial Discussion -Project Ranking -Further Discussion -Funding Recommendations ? Other Business For additional information please refer to the Community Preservation Committee website: http://www.northamptonma.gov/gsuniverse/httpRoot/comm/ 1 MINUTES Community Preservation Committee Date: Wednesday, April 1, 2009 Time: 7:00 pm Place: City Council Chambers, 212 Main St. Members Present: Fran Volkmann, Jack Hornor, George Kohout, Don Bianchi, Lilly Lombard, Downey Meyer and David Drake (City Council approval pending). Staff Present: Bruce Young, Community Preservation Planner John Frey, Community Preservation Planner Fran Volkmann opened the public meeting at 7:05pm. 1. GENERAL PUBLIC COMMENT ?? None. 2. PUBLIC SESSION TO DISCUSS ROUND 1 APPLICATIONS NORTHAMPTON CONSERVATION COMMISSION, CONSERVATION FUND ?? Mitch Hartley, resident of Florence and employee of US Fish & Wildlife Service, stated there should be equity among the CPA funding categories. Currently open space preservation is well below a third of total allocations. Also, many NWR grants include a time lag in funding. The Conservation Commission fund would be a good bridge. Finally, half of their grants are similar to this proposed. Good usage of the grant money is what guarantees future funding. ?? Frank Olbris, President of Broad Brook Coalition resident of N. Farms Rd., stated they couldn’t force acquisitions. Instead, timing is very critical and this fund would be helpful is securing deals. Land acquisitions are an irregular and opportunistic activity compared to the other funding categories. It deserves special funding protocol. ?? Kevin Lake, Chair of the Northampton Conservation Commission stated this proposed funding model is important to securing deals quickly. Partner agencies such as BBC, VLF, NLF and USFW would also be able to leverage these funds. ?? Mason Maronn, member of the Conservation Commission, reiterated that the fund would leverage other sources of income and secure time sensitive deals. Deals happen discretely and quickly in order to outmaneuver the developers. This fund would benefit that goal. ACADEMY OF MUSIC ?? Marilyn Richards, resident of Bridge Rd., stated many local resident groups are now using the Academy. Very few facilities in the region could match what the Academy has 2 to offer. The marquee is an essential advertising avenue for the resident groups. Banners are not a viable or attractive replacement. ?? Amanda ???, stated it is an honor and pleasure to work in this theater. Marquee is key to finishing this jewel of a place. Banners are very expensive and ineffective. ?? Dwayne Robinson, former director of the Academy, stated over $2m has been spent on the fabric of the building, however no money for the marquee. The theater is an icon and any first rate theater needs a marquee. It demonstrates the building is alive and well. Use of the marquee for community messages is what makes the building special. It is crucial for the marquee to be historically correct. The marquee will help the Academy to be used more frequently. ?? Debra Anthony, Executive Director of the Academy of Music, stated the Academy cherished by resident companies and local citizens. Banners are not a viable replacement for the marquee. The marquee brands the theater and it demonstrates the building is active. The egress doors are dangerous, inefficient and insecure. ?? Matt Mears, Manager of the Academy of Music, stated banners, doors and lighting are currently a safety concern. The new marquee would be a safety tool as well as a marketing tool. NORTHAMPTON HISTORICAL COMMISSION ?? Craig Della Penna, Historical Commission member, stated this survey is the key first step to assist in saving historic properties from demolition. Many undiscovered historic resources would be revealed through this survey. ?? Norman Winston, Historical Commission member, stated the survey is needed to understand where we are before we can move forward. ?? Barbara Blumenthal, Chair of the Historical Commission, spoke on behalf of Steve Strimer when she stated he uses the Form B’s often. Unfortunately, there is much missing or inaccurate information currently. A new survey is necessary for complete understanding of the city. 3. APPROVAL OF MINUTES ?? Fran Volkmann presented the minutes of March 18, 2009 meeting for discussion. There being no additions or corrections, Fran Volkmann announced the minutes approved as read. 4. CHAIR’S REPORT ?? Fran Volkmann stated David Drake is still not an official member. She believes he should be here to speak, but not vote. It would be inappropriate to not let the Historic Commission have a voice in the proceedings. 3 5A. REVIEW OF ROUND 1, 2009 APPLICATIONS – INITIAL DISCUSSION ?? Before beginning Jack Hornor wondered if the CPC could skip the ranking portion of the discussion since the number of projects is relatively small. ?? Lilly Lombard agreed. ?? Don Bianchi stated prefers to keep the established process. ?? Fran Volkmann stated they could decide after the initial discussions. ?? John Frey updated the committee on the current CPC balance. Approximately $530,000 is currently available for funding. ACADEMY OF MUSIC ?? Lilly Lombard stated she supports the application, however historic preservation is already highly funded compared to the other categories. At very least the CPC should fund the marquee. It is hard to justify fully funding. ?? Jack Hornor added it is logical to do the front doors with the marquee. ?? David Drake stated he is in favor of funding the marquee, he agrees with Lilly Lombard. He suggests $156,000 for marquee and front doors. ?? George Kohout agreed with all. He favors funding the marquee and front doors now. He prefers the Academy of Music re-apply for the metal egress doors. ?? Don Bianchi stated this project is a high priority for him as it is a public building. He would like to fund more than just the front doors. ?? Downey Meyer agreed the marquee is highly valuable. Funding the front only is most logical. ?? Fran Volkmann stated she is more aligned with Don Bianchi. She would like to fund $60,000 for egress doors, $216,000 total. Mass Historic would need to approve the steel doors. ?? Bruce Young stated Mass Historic approval does not necessarily make it historic preservation under the CPA law. Renovations must meet the standards established by the Secretary of the Interior. ?? Lilly Lombard stated the CPA law permits funding for building code issues. NORTHAMPTON HISTORICAL COMMISSION ?? Downey Meyer stated the argument regarding the need for starting point data is very persuasive to him. However, execution is critical. If data is not easily accessible and usable then very few users will take advantage. ?? Don Bianchi stated he supports the project. ?? George Kohout agreed with Downey Meyer. Outreach will be crucial. ?? David Drake stated he supports it as a core resources activity. It will be thorough with just this funding. It will be credible and valuable. ?? Jack Hornor stated he fully supports the project. ?? Lilly Lombard agreed. ?? Fran Volkmann agreed with all statements. The outstanding question of accessibility is crucial. 4 NORTHAMPTON DEPARTMENT OF PUBLIC WORKS ?? Lilly Lombard stated her concern that the stickers should be more durable. ?? Fran Volkmann stated DPW response regarding material options has not come. She proposes increasing funding for higher quality materials. ?? George Kohout stated his concern that higher quality materials would require more labor to install. NORTHAMPTON CONSERVATION COMMISSION, CONSERVATION FUND ?? Don Bianchi stated he is opposed to fully funding for several reasons. This fund would delegate exclusive right to spend the funds as they see fit, as it eliminates city oversight. Other funding avenues for open space projects need to be sought. However, CPC should fund soft costs and pre-development efforts. That would help them to be very aggressive in securing acquisitions. Willing to re-fund old fund established last round. Overall the fund must be limited in its scope. ?? Downey Meyer stated he hears Don Bianchi’s concern, however other models are not effective. In successful open space acquisitions of truly endangered land money must precede proposals. This would allow deals to be secured much more quickly, thereby pre- empting the developers. The equity argument of the funding categories is important. The CPC must boost open space and recreation funding. ?? Lilly Lombard stated she is a huge proponent of open space protection. The open space platform helped secure passage of the CPA in Northampton. The CPC must shift equity now, perhaps reserve funds for open space. We do have a mechanism for expediting applications. There is a need for more local agricultural protection; currently it is a very small percentage versus wetland and wilderness protection. If we re-allocate to the previous fund we need to re-iterate it is for pre-development spending. ?? Jack Hornor stated the issues of giving money directly to a city board is concerning for many. Also, past expedited reviews have been suspect for many. He is skeptical CPC could expedite projects in a single meeting anyhow. ?? David Drake stated public opinion is that the immediate need for open space funding is least important. However, all three funding categories could benefit from an immediate fund. Perhaps a sub-committee could be appointed to expedite the approval process. ?? George Kohout stated must be parity around the approval of projects. A reserve for open space only would be difficult to justify. Perhaps the Conservation Commission could create a priority list and we could pre-approve off of that. ?? Downey Meyer state the CPC is not likely to receive many projects pre-packaged like the NLF project. Wayne Feiden has a 20-year track record of protecting open space and completing deals. BBC and USFW support the Office of Planning & Development. Land trusts are mostly volunteers and unlikely to secure significant deals. It is hard for volunteers to compete with VCDC; open space protection efforts need the professional support of OPD. We gave them $10,000 the last round and they acquired a small parcel quickly. It was successful a successful effort. The CPC still had protection via City Council approval of the purchase. There is no “demo delay” for open space protection as with historic. It is important not to lose these parcels. The Conservation Commission needs money to leverage self-help grants. CPC must commit a serious amount in order to fully test the fund, perhaps $100,000 or more. BBC likes working with the city in securing open space land protection. 5 ?? Fran Volkmann stated she wants to see more open space protection. However, the CPC must appear be fair to all who apply. The NLF project appeared fair while this does not. However, she understands the need to acquire money quickly and we do not have a mechanism for that. Also, she does not want to dictate small purchases with only small funding allotments. ?? Don Bianchi stated what resonates most for him is the amount requested. Also important is the expected use of funds. He does not want to see money used just for acquisition. Rather, use the money to most creatively leverage and protect open space. Perhaps to secure time for making deals. ?? Jack Hornor queried what is the difference between a Conservation Commission fund with expedited review and simply an open space reserve. That way all could tap the funds. ?? Fran Volkmann stated the difference is in the timing. Expedited review would still take longer and possibly kill the most important deals. ?? Downey Meyer stated six weeks is alright, but four months is not. ?? George Kohout stated it appears the current CPC process for open space projects is working. He does not see a need for the fund. ?? Downey Meyer stated the timescale still crucial. The most endangered large parcels may require a faster deal. The state has taken over agricultural protection through its APR program. There is not a similar program for wilderness protection. ?? Lilly Lombard asked Don Bianchi if he supported funds just for soft costs or both. ?? Don Bianchi stated he could support both. Perhaps money for site control would be helpful. ?? Lilly Lombard suggested the CPC examine the expedited process and see if we could shave time. ?? David Drake stated the CPC is now aware there are many checkpoints in place to guarantee the proper usage of funds, such as City Council approval of purchases. He sees no reason to not fund this project. ?? Fran Volkmann suggested perhaps giving the Conservation Commission $100,000 with condition they better spend it well. Then perhaps put an additional $150,000 in the open space reserve. ?? Downey Meyer stated he has deep gratitude for Fran Volkmann’s proposal. He understands how some are uncomfortable with city efforts. He understands there is some skepticism. This project is very important to the actual Conservation Commission, not just OPD. ?? George Kohout stated he appreciates the proposal, but is concerned about similar treatment for the other categories. ?? Jack Hornor clarified that other categories already ahead in overall funding, especially historic preservation. ?? Bruce Young stated the Conservation Commission is specifically looking to fight to save endangered parcels, not just open space parcels that are not going anywhere. The current process only works for non-endangered parcels. Hard economic times are an opening for developers; this is when they buy land. BBC, VLF, Audubon, and USWF all go through Conservation Commission to protect land. 6 ?? Don Bianchi stated he understands the point about varying levels of danger to open space land from potential development. However, this understates the need for CPC to verify the parcel is truly threatened. ?? Bruce Young stated Conservation Commission purchases still need approval from City Council. Northampton charter requires a council vote. It is not just the Conservation Commission making decisions. ?? Fran Volkmann stated the CPC needs a broader perspective from Bruce Young. ?? Don Bianchi stated perhaps the CPC should settle apportioned category amounts separately. Therefore do not assign the $150,000 to the open space reserve now. NORTHAMPTON CONSERVATION COMMISSION, SAWMILL HILLS ?? Jack Hornor stated he supports the project. ?? David Drake stated he supports the project. He suggests allocating over $200,000 for the open space projects. ?? George Kohout stated he supports the project. ?? Don Bianchi stated he supports the project. ?? Downey Meyer stated his concern that the CPC must understand a different mechanism is needed for open space funding in order to secure quality projects. ?? Lilly Lombard countered that oversight is needed as well though. It is a two-part problem. 5B. REVIEW OF ROUND 1, 2009 – FUNDING RECOMMENDATIONS NORTHAMPTON HISTORICAL COMMISSION ?? Jack Hornor stated additional condition regarding desire for final survey product to be as easily searchable and usable as practical. ?? Upon motion by Jack Hornor, seconded by Lilly Lombard, all voted to provisionally fund the project for $62,150. ?? Fran Volkmann stipulated the funding is to come from the CPC Historic Reserve. ACADEMY OF MUSIC ?? Jack Hornor motioned to fund the project for $216,000 for the marquee, front doors, and egress doors. Don Bianchi seconded the motion. ?? Lilly Lombard stated if the CPC must shave money overall it should come from the egress doors. ?? Jack Hornor stated he is perfectly comfortable spending a little over $530,000. ?? Don Bianchi stated he preferred funding up to $244,000 because some soft costs are not in the $216,000 figure. ?? Bruce Young questioned whether the steel doors would meet Secretary of Interior Standards. The CPA states that is the mandatory standard to be met. ?? Tom Douglas stated Central Business Architecture and Mass Historic confirmed steel doors with a panel likeness are permissible. ?? Jack Hornor amends his motion to $230,000. Don Bianchi seconded. ?? All voted to provisionally fund the project. 7 NORTHAMPTON DEPARTMENT OF PUBLIC WORKS ?? Don Bianchi motioned to fund the project for $8,500. Downey Meyer seconded the motion. ?? Don Bianchi stated the additional funding is for a durability upgrade to the materials. ?? All voted to provisionally fund the project. NORTHAMPTON CONSERVATION COMMISSION, SAWMILL HILLS ?? Jack Hornor motioned to fund the project for $13,000. Lilly Lombard seconded the motion. ?? All voted to provisionally fund the project. NORTHAMPTON CONSERVATION COMMISSION, CONSERVATION FUND ?? Downey Meyer motioned to fund the project for $150,000, including up to $100,00 for hard costs. George Kohout seconded the motion. ?? David Drake suggested to amend the motion $250,000, with $100,000 going to a reserve fund. ?? Jack Hornor disagreed with Don Bianchi regarding the desire to wait on setting up a reserve; the CPC could create the reserve tonight. He agrees with funding up to $250,000, but with $100,000 for the Conservation Commission and $150,000 to a reserve fund. He also would like to keep the original terms of the proposal, which permits hard cost expenditures up to $20,000 per purchase. ?? George Kohout stated he would rather stay at a $530,000 limit tonight. ?? Don Bianchi preferred a larger discussion regarding reserve funds at a later date, however he won’t oppose the motion. He does not agree with $150,000 for the Conservation Commission though. He does not want to prohibit hard costs, but expresses preference to use funds to leverage large acquisition sites. ?? Fran Volkmann preferred not to tie their hands by micro managing. Instead, she suggests expressing the CPC’s hopes, and then judge the Conservation Commission on their choices. ?? George Kohout advocated for the larger funding figure so the Conservation Commission could come forward with more innovative large projects. ?? The original motion is defeated 4-2, with George Kohout and Downey Meyer voting in favor, while Fran Volkmann, Jack Hornor, Lilly Lombard, and Don Bianchi were opposed. ?? Upon motion by Jack Hornor, seconded by Downey Meyer, all voted to provisionally fund the project for $100,000. OPEN SPACE RESERVE FUND ?? Upon motion by Lilly Lombard, seconded by Jack Hornor, all voted to provisionally fund the Open Space Reserve with $150,000. FINAL FUNDING RECOMMENDATIONS ?? Upon motion by Jack Hornor, seconded by Don Bianchi, all voted to fund the Academy of Music project for $230,000. 8 ?? George Kohout clarified that he is on the PVPC Executive Committee, which would likely receive the contract for the survey work. Upon motion by Lilly Lombard, seconded by Jack Hornor, all voted to fund the Historical Commission project for $62,150. ?? Upon motion by Lilly Lombard, seconded by Don Bianchi, all voted to fund the DPW project for $8,500. ?? Upon motion by Jack Hornor, seconded by Downey Meyer, all voted to fund the Conservation Commission fund project for $100,000. ?? Upon motion by Don Bianchi, seconded by Lilly Lombard, all voted to fund the Conservation Commission Sawmill Hills project for $13,000. ?? Upon motion by Lilly Lombard, seconded by Downey Meyer, all voted to fund the Open Space Reserve with $150,000. ?? Please see final funding resolutions and conditions attached below. 6. OTHER BUSINESS VCDC FORECLOSURE RESCUE FUND ?? Fran Volkmann presented City Solicitor, Janet Sheppard’s finding. Her finding summarized her opinion that the rescue fund would not be legal under CPA law. Fran Volkmann also presented VCDC’s letter thanking the CPC for its assistance, but in everyone’s best interest VCDC asked the CPC to withdraw its application. ?? Upon motion by Jack Hornor, seconded by Lilly Lombard, all voted in favor of the following resolution. “Whereas the City Solicitor has found that CPA funds may not be used to help citizens avoid foreclosure on their property, and whereas the Valley CDC has informed us that it wishes to withdraw its application for such funding, the CPC will not pursue the foreclosure prevention application farther and will notify the Mayor of this decision.” CPC REPORT FOR 2007/2008 ?? Jack Hornor summarized the CPC report to be including in the latest CPC Plan. ?? Upon motion by Lilly Lombard, seconded by Downey Meyer, all voted in favor of accepting the report for inclusion in the CPC Plan. CPC SIGNAGE ?? Fran Volkmann queried the CPC whether signage is appropriate at the affordable housing projects. Her feeling is that signage is acceptable during construction or renovation but that is all. ?? The CPC agreed. Public meeting adjourned at 10:46 pm. Respectfully submitted on April 9, 2009, John Frey, Community Preservation Planner 9 Community Preservation Committee Recommendation for Funding Date: April 1, 2009 Applicant: Academy of Music Historic Restoration Project Amount of funding requested: $325,685 Amount of funding recommended by CPC: $230,000 Marquee Front doors Side egress doors Summary reasons for recommendation : ?? The project provides a broad public benefit to the citizens of Northampton and the region. ?? The project preserves a historical structure that serves as a center for culturally significant community activities. ?? The project serves a public purpose by preserving a structure of important historic significance Conditions/contingencies attached to recommendation: ?? Applicant must show that they have received the endorsement of the Massachusetts Historical Commission that the final proposed structure is historically significant ?? Procedures for monitoring and reporting shall be worked out among the Committee, Mayor and the grantee. Additional comments from committee : ?? 10 Community Preservation Committee Recommendation for Funding Date: April 1, 2009 Applicant: Historical Commission Heritage Resources SurveyProject Amount of funding requested: $62,150 Amount of funding recommended by CPC: $62,150 Summary reasons for recommendation : ?? The project contributes to the preservation of Northampton’s historic character. ?? The project provides a broad public benefit to the citizens of Northampton and the region. ?? Project provides public education on Northampton’s historic resources. Conditions/contingencies attached to recommendation: ?? Procedures for monitoring and reporting shall be worked out among the Committee, Mayor and the grantee. ?? Project should result to the greatest extent possible in a database searchable by the public Additional comments from committee : ?? Reserve account to maximum extent possible 11 Community Preservation Committee Recommendation for Funding Date: April 1, 2009 Applicant: Department of Public Works Open Space Preservation Project Amount of funding requested: $7,800 Amount of funding recommended by CPC: Up to $8,500 Summary reasons for recommendation : ?? The project preserves critical resource and habitat areas and is essential to the health of Northampton’s natural resources. ?? The project provides public education for natural resource protection. Conditions/contingencies attached to recommendation: ?? Procedures for monitoring and reporting shall be worked out among the Committee, Mayor and the grantee. ?? Precise level of funding based on design and materials of plaques/signage. ?? Additional funds to be allocated for durability upgrade of storm drain plaques Additional comments from committee : 12 Community Preservation Committee Recommendation for Funding Date: April 1, 2009 Applicant: ConservationCommission Conservation Fund Project Amount of funding requested: $350,000 Amount of funding recommended by CPC: $100,000 Summary reasons for recommendation : ?? The Conservation Commission has been effective in preserving key open space parcels in the City of Northampton. ?? The funding would allow the Conservation Commission to act quickly on high priority, time sensitive open space acquisition and preservation projects. ?? The fund would support the general criteria for open space acquisition in the Community Preservation Plan and the Sustainable Northampton Plan. Conditions/contingencies attached to recommendation: ?? Procedures for monitoring and reporting shall be worked out among the Committee, Mayor and the grantee. Additional comments from committee : ?? 13 Community Preservation Committee Recommendation for Funding Date: April 1, 2009 Applicant: ConservationCommission Saw Mill Hills Open Space Acquisition Project Amount of funding requested: $13,000 Amount of funding recommended by CPC: $13,000 Summary reasons for recommendation : ?? The acquisition would contribute to a future connection between the newly acquired Saw Mill Hills Conservation Area parcel and the existing Saw Mill Hills Conservation Area core area, thereby serving a public good. ?? The project meets the goals of the Open Space and Recreation Plan, Sustainable Northampton Plan and the CPA for the preservation of open space for recreation purposes. ?? The project serves a public purpose by preserving important natural resources and species diversity. Conditions/contingencies attached to recommendation: ?? Procedures for monitoring and reporting shall be worked out among the Committee, Mayor and the grantee. Additional comments from committee : ?? 14