Agenda and Minutes 2009-03-04
City of Northampton
Community Preservation Committee
210 Main Street, City Hall
Northampton, MA 01060
Community Preservation Committee
Agenda
DATE: Wednesday, March 4, 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
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Acceptance of 2/4/2009 Minutes
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Chair's Report
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Welcome to new Community Preservation Committee member David Drake
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Discussion of revised schedule for Round 1, 2009
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Review of Round 1, 2009 questions for applicants
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Sign-up for site visits
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Discussion of Community Preservation Plan revisions
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Discussion of Valley Community Development Corporation Foreclosure Fund
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Project
Discussion of Applicant Funding Process
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Other Business
For additional information please refer to the Community Preservation Committee website:
http://www.northamptonma.gov/gsuniverse/httpRoot/comm/
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MINUTES
Community Preservation Committee
Date: Wednesday, March 4, 2009
Time: 7:00 pm
Place: City Council Chambers, 212 Main St.
Members Present: Fran Volkmann, Tom Parent, 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. PUBLIC COMMENT
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Bob Zimmerman of the Broad Brook Coalition commented on the progress of their
efforts to remove invasive species from the Fitzgerald Lake area. He stated the coalition
have received additional funding of $4,500 from the Mass Land Trust Coalition. Also, he
stated the work completed thus far would need additional follow-up treatments and more
invasive species are present outside the originally designated area. He requested
permission from the CPC to expand the scope of work and to fully use the $12,000
originally requested.
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Fran Volkmann stated the CPC would discuss the issue at the end of the meeting agenda.
2. APPROVAL OF MINUTES
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Fran Volkmann presented the minutes of February 4, 2009 meeting for discussion.
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George Kohout questioned the use of the transitive verb “redacted” to describe Jack
Hornor’s actions regarding his Community Preservation Plan revisions.
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John Frey consulted dictionary.com, which stated the definition as “to make ready for
publication; edit or revise”. John Frey capitulated and agreed to use the more pedestrian
term “edited”.
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There being no other additions or corrections, Fran Volkmann announced the minutes
approved as read.
3. CHAIR’S REPORT
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None.
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4. WELCOME TO NEW CPC MEMBER
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Fran Volkmann welcomed the new Historic Commission representative, David Drake.
She clarified that City Council had not yet approved his appointment, but no challenge
was expected. She welcomed David Drake to sit with the CPC and participate in the
discussion.
5. REVISED ROUND 1, 2009 SCHEDULE
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Fran Volkmann stated that with just five applications this round the CPC would not need
as much time to review. She proposed just one night to meet with applicants on March
18, 2009 as planned. Then April 1, 2009 would be the public hearing and the CPC would
begin to form recommendations. Final recommendations completed on April 15, 2009,
sent to the mayor by April 20, 2009. Council votes would take place May 7 & 21, 2009.
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Lilly Lombard stated she does not plan on attending April 15, 2009.
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Jack Hornor stated he has a conflict as well. He questioned if one must be present to vote.
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Bruce Young stated the CPC could perhaps finish on April 1, 2009.
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Fran Volkmann questioned whether the CPC wished to commit to finishing on April 1,
2009.
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Tom Parent doubted there would be much public input. The CPC should have plenty of
time to deliberate.
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Upon motion by Lilly Lombard, seconded by Jack Hornor, all except Downey Meyer
voted in favor of committing to finish round one recommendations on April 1, 2009
(Fran Volkmann abstained).
6. REVIEW OF ROUND 1, 2009 QUESTIONS FOR APPLICANTS
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Bruce Young stated Fran Volkmann, Lilly Lombard, and Don Bianchi all submitted
questions by the February 27, 2009 deadline. He compiled the questions and sent them to
the applicants.
7. SITE VISITS
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Fran Volkmann stated site visits are slated for March 14, 2009. Informal discussion led to
the view that only the Academy of Music project necessitated a site visit.
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Jack Hornor stated many members have been there already.
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Lilly Lombard stated she is interested in attending if it's deemed helpful.
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Fran Volkmann stated she would attend as well.
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Lilly Lombard, Tom Parent, Don Bianchi, Downey Meyer and Fran Volkmann will
attend.
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Fran Volkmann stated the Academy of Music tour would begin at 10:00am. She
requested Bruce Young notify all other applicants that a site visit is not required.
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Tom Parent stated Mass Historic said they need more information from the Academy of
Music. He questioned whether the CPC bother moving forward.
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Fran Volkmann stated that question was asked them in the questions sent out by Bruce
Young.
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David Drake wondered if Northampton Historic should have role and what exactly is
Mass Historic’s role. He stated Central Business Architecture has purview over
Northampton Historic.
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Bruce Young stated Mass Historic holds a Preservation Restriction and therefore must be
involved.
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Lilly Lombard questioned whether the Sawmill property had any wetlands, vernal pools
or vistas.
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Bruce Young stated it has ridge top vistas but no vernal pools.
8. DISCUSSION OF COMMUNITY PRESERVATION PLAN REVISIONS
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Tom Parent stated he and Fran Volkmann needed to meet with Bruce Young to finalize
changes to the plan. Then the revised plan would be brought to the CPC for discussion
and approval.
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Bruce Young stated the CPC open hearing to approve the plan would need to be posted in
the paper at least 15 days before the meeting.
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Fran Volkmann stated perhaps the April 15, 2009 would be best.
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George Kohout requested time for the rest of the CPC to evaluate and comment.
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Bruce Young stated he would email the revised plan as soon as ready after meeting with
Fran Volkmann and Tom Parent.
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Tom Parent stated any remaining discussion items would be presented at the March 18,
2009 meeting.
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Fran Volkmann stated all are welcome to attend the revision meeting.
9. DISCUSSION OF VCDC FORECLOSURE PROJECT
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Bruce Young stated Janet Sheppard told him the foreclosure issue is on the bottom of her
list.
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Lilly Lombard questioned if there is anything new on national level to assist this issue.
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Don Bianchi stated there are two separate issues. Regarding the broader issue with the
city solicitor he is annoyed the CPC is getting brushed off. He stated there is precedent to
be set with this issue. The answer here would apply to many other projects including
transitional assistance. When we can use CPA funds for low-income folks is critical
question. We need answer to that.
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Fran Volkmann stated the city solicitor has been sent a list of specific questions from the
CPC. She has not acknowledged receipt of such. Fran Volkmann will write a more formal
letter requesting action.
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Tom Parent stated Janet Sheppard verbally said no to using fund for this project.
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Fran Volkmann stated her understanding that the CPC wants a fuller more specific
response.
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Don Bianchi stated in fairness to applicant we need more specific answers.
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George Kohout stated the city solicitor is accountable to the mayor. Perhaps approach the
mayor for assistance.
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Fran Volkmann stated she already ran this by the mayor and that the mayor agreed it is
acceptable to ask these questions of the solicitor.
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Jack Hornor agreed talking to mayor better than solicitor. CPC must assert itself.
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Downey Meyer stated there might be times when the CPC has more pressing needs. The
mayor needs to know the CPC is not being served.
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Don Bianchi stated this is the first time we have asked her to intervene. The CPC
explored other avenues for answers first but all said we must check with solicitor.
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Fran Volkmann stated she would talk to mayor.
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Don Bianchi stated regarding federal help it is very complicated, no straight answer yet.
The problem is so complex that no single solution will solve the problem. VCDC needs
to answer three items, 1.) Assurance foreclosure rescue sustainable, 2.) Guarantee rescues
not a bailout to lender, and 3.) Why local funds if federal help is available? He advised
them to discuss with Mayor to guide her.
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Bruce Young stated mayor also concerned the project is a way for local banks to be on
board. Perhaps add more pointed questions to Janet Sheppard regarding money not
specifically protecting affordable housing such as first/last deposits.
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Don Bianchi stated the CPC must avoid asking risk avoidance questions. That will
always prompt a “no” answer.
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Bruce Young stated the CPC must discuss with Mayor, because she may never move
forward such a risky proposal, especially going into an election.
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Fran Volkmann stated the mayor committed to moving projects forward, with or without
her support.
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Don Bianchi stated the CPC must move forward regardless. Make the mayor and council
decide.
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Jack Hornor stated the CPC should not expand questions to solicitor. Her answers will
answer the broader questions.
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David Drake stated responses may be slow but will come in due time. The CPC must
wait.
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Fran Volkmann stated the CPC might have precedent from other towns along the way.
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Downey Meyer stated he hopes the solicitor would cite cases in answers.
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Fran Volkmann stated she would set up meeting with Mayor.
10. DISCUSSION OF APPLICANT FUNDING PROCESS
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Bruce Young stated he received four signed contracts already from Round 3, 2008. All of
VCDC’s projects have moved forward. He sticks by his sixty-day estimate for funding. It
is not possible to follow trail after it leaves his desk. It often sits on others' desks.
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Fran Volkmann wondered whether the CPC should perhaps discuss this with Mayor as
well.
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Bruce Young stated it is a city process, other departments have said. We need to accept it.
There is no budget or desire to change the process. Department heads are not
complaining.
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Fran Volkmann stated it is not for staff to pressure, but CPC could.
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Don Bianchi stated the CPC must be aggressive on this issue.
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Jack Hornor agreed it is very important. However, here we are not being treating
differently than others. It is the process for all.
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Tom Parent stated the CPC should outline process in procedures section of Plan. Spell
out how long it will take.
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Downey Meyer stated the CPC must calibrate its thinking as well. Expedited requests
would not necessarily help or be fast.
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Don Bianchi agreed the CPC must choose its battles.
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Lilly Lombard stated CPC must show what disbursement would look like. We need to
decide protocol.
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Tom Parent stated the CPC decided protocol would be on a case-by-case basis to be
written into contract.
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Bruce Young stated general guidelines would be helpful though.
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Fran Volkmann wondered what most applicants and contractors expect for funding.
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Don Bianchi stated no contractor is paid in advance. It is a question of what is reasonable.
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Bruce Young stated payments come quickly once money is in hands of the CPC, usually
with two weeks.
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Jack Hornor questioned how the CPC is disbursing VCDC funds.
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Bruce Young stated it is according to the contract. Some pre-development money
approved, then full payment when all funding is in place.
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George Kohout stated the CPC should leave it vague in plan so we can negotiate.
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Bruce Young stated the CPC could also cap it by dollar value.
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Fran Volkmann asked staff to please draft recommended funding chart.
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Tom Parent stated we could have recommended chart and then applicants could propose
alternatives if desired.
11. OTHER BUSINESS
CPC SIGNS
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John Frey stated the Sawmill Hills signs have been produced and posted. Additional
signage needs have been determined by staff and John Frey will work with Lilly
Lombard to finalize.
FITZGERALD LAKE
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Fran Volkmann stated the question is whether the CPC gave money to get rid of invasive
species generally or specifically.
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Downey Meyer questioned exactly what contract says. He feels contract is vague so then
it is all right to let them spend as needed. It is inevitable they would have to go back for
follow-up work.
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Tom Parent stated they could have easily kept money and we would not have known. It
is not much money.
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George Kohout stated he is worried about setting precedent. He is not sure if their
original application mentioned the matching grant.
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Tom Parent stated they would provide a letter requesting the change. That is the
precedent. Let's decide based on their letter.
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Fran Volkmann stated the CPC let Habitat For Humanity do that. They had a change in
their needs and we let them adjust. They changed the site plan, but not substantively.
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Don Bianchi stated that was a good point by Tom Parent. Not acting until they formally
state changes wanted in writing. However, the CPC must address when is change large
enough to require discussion.
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Downey Meyer stated the CPC should base it on wording in the resolution. If applicant
draws narrow contract then won't allow, if broad then okay.
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Bruce Young stated Bob Zimmerman submitted a very specific application. However,
the resolution is vague but also reflects on application for guidance.
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George Kohout stated we have time. Perhaps have them go through application process.
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Jack Hornor stated he disagreed on need for new application. BBC is a trusted
organization and these are not substantive changes.
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George Kohout questioned what if other did that.
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Jack Hornor stated if it is in scope than okay. Not a new thing here, not setting bad
precedent. They are still doing same work in same kind of place. Precedent shows we are
being helpful.
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Don Bianchi agreed with that. Hang hat on language of resolution. We are on solid
ground.
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Fran Volkmann asked what does resolution say and are they doing more of that. Perhaps
someone could motion asking them to state their intentions in writing.
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Downey Meyer stated if it is within purview of broad resolution then they should not
have to come for permission.
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Fran Volkmann stated perhaps we write them a letter stating they are already with
consistency of resolution.
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Tom Parent stated the CPC should still get something from them in writing. Then we act
saying they are within resolution. Have them describe how work is consistent with
resolution.
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Lilly Lombard stated she is comfortable with that. Perhaps ask applicants if they are
applying for other funds in the future. It is important for us to know.
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Fran Volkmann stated the CPC would write Broadbrook Coalition a letter stating they
can do that but require written update of changes.
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George Kohout stated the contracts reference more than resolution.
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Bruce Young stated the contracts reference resolution and application. He could remove
application references in the future.
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David Drake stated all applications are highly individualized and we could not
generalize.
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George Kohout disagreed stating precedent would be set.
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David Drake stated the precedent is that the CPC reviews all requests individually, not
necessarily giving same response.
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Upon motion by Jack Hornor, seconded by Tom Parent, all agreed the CPC would
approve the change request but require a letter detailing the new locations and the new
invasive species that they wish to use funds to attack.
VOTING IN ABSENTIA
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Jack Hornor wondered whether a member must be present to vote.
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Tom Parent stated his only thought is if vote loses because of absentees the applicant
may challenge the vote.
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David Drake stated the intent is to preserve value of debate. Outcome could be different
if not all members present to hear discussion. Committees have made exceptions but
only when the absentee member is not necessary for deciding. In non-hearing
environment it is acceptable.
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Jack Hornor stated the CPC members have persuaded him and good we have discussed
it.
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Lilly Lombard questioned if it is legal anyhow.
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David Drake stated Robert’s Rules of Order, page 408 says no.
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Fran Volkmann stated she has found it important to listen to debate until the end before
deciding how to vote.
ACADEMY OF MUSIC
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David Drake stated the determining factor for the Northampton Historic Commission
regarding the marquee is the question of reversibility. His impression is that the plan is
reversible.
Upon motion by Tom Parent, seconded by Lilly Lombard, all vote in favor of adjourning the
public meeting at 9:21 pm.
Respectfully submitted on March 13, 2009,
John Frey, Community Preservation Planner
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