Draft Minutes Chilmark Board of Selectmen May 11th 2006
People present: Riggs Parker, Warren Doty, Frank Fenner, Tim Carroll, Andy Goldman, Steve Schwab, Jim Feiner, William Randol, Rusty Walton, Philipe Jordi, John Abrams, Parry Ambulous, Nelson Siegelman, Pam & Clark Goff, Richard Leonard
Joint meeting of the Housing Committee and Selectmen was called to order by Riggs Parker at 4:30 PM.
Middle Line Road RFP
Mr. Parker opened discussion and spoke about the extension of the deadline to allow a amended proposal. Philipe Jordi submitted a letter that he had sent on May 10th to the Selectmen that was the Island Housing Trust’s response. Mr. Fenner questioned the lack of a performance bond. Mr. Schwab explained it would cost 1% of the total cost of the project and require a new developer to post 100% collateral.
The Housing Committee said that they met last week and voted to unanimously accept the amended proposal. They said that the Island Housing Trust had demonstrated open willingness to cooperate with the town on a wonderful and much needed addition to the town. They said a delay won’t much improve the this project.
Mr. Fiener said that the town has an island contractor with a good reputation willing to do this project and that the Housing Committee would not recommend a risk to the town. He said that the Housing Committee felt there was little risk to the town and they urged the Selectmen to go forward with this amended proposal.
Mr. Andy Goldman said that we all want this to go forward and that time lost will end up costing the town more financially. He said that the ultimate protection to the town was that the project has to go back to Town Meeting to move forward. He lead the group through the five parts of the letter. Mr. Goldman said that everyone wants this to succeed and a new RFP might be better but concerned that it might not bring the project any further along.
Mr. John Abrams reported that the State Ethics Commission had ruled he could participate in the project if the Selectmen designated him a Special Municipal Employee as provided for in the law.
Mrs. Goff asked where was the actual financial conflict for Mr. Abrams? She said she could not see it and that when she was on the Board of Selectmen they often designated Special Municipal Employees. Town Counsel Ron Rappaport was one such Special Municipal Employee. Mrs. Goff said that designating a Special Municipal Employee was no big deal. She said that this was a charitable act by South Mountain Company and not a financial boon. Mrs. Goff said as an abutter she supported the design and hopes that it moves forward without being replaced with a new concept.
Steve Schwab thanked the Selectmen for the questions they had raised and said that he hadn’t heard one question that didn’t have a solution available. Mr. Feiner said he wanted to move forward with South Mountain Company on this project.
Mr. Russell Walton from the Planning Board asked if it was possible to deliver modular homes on the site with a helicopter. Mr. Abrams said that this had been looked into and it was not possible due to the helicopter’s down draft. Mr. Abrams said that prefabricated homes could be placed on the site, but that it would be difficult and not reduce the cost. Mr. Walton asked if the rents were too high. Mr. David Vigneault of the Dukes County Regional Housing Authority said that the latest projections were based on the 80 and 100% of median income for Dukes County. Mr. Goldman said rents could be reduced, but that it would cost more.
Mr. Abrams said that he has been led to believe expectations are very high, that there are countless unknowns, and every day costs continue to rise. He said PVC pipe had doubled in cost since the proposal was written. He said that there are so many unknowns that the fixed price is a figment of their imagination, but that he was certain he could make it work.
Mr Perry Ambulos said that if the RFP was reissued that the town risked not getting the Island Housing Trust and South Mountain Company to do the project and that costs will only continue to increase if we wait.
Mr. Fenner asked about the last Special Town Meeting vote on this project. Mr. Doty read it to the group. Mr. Fenner said that there were a number of unknowns and not having any exact designs to determine the cost of the project, he was unable to evaluate the true cost. He said he was pleased with Island Housing Trust and South Mountain Company building the project, but that the Selectmen are responsible to all the tax payers for the true costs. He said that $1,024 monthly rents for one bedroom units are higher than he expected for affordable units. He said it was difficult for him to determine if the project was being done as efficiently as possible. He said it was almost $1 million of Community Preservation Funds and that the
restrictions on CPA funds could affect the rents and sale prices of the ownership lots.
Mr. Doty said that he clearly values the work of the Island Housing Trust and that he has been a champion of this project. He said that after reading all the articles and watching the DVD recording of the Special Town Meeting, going to legal counsel, he had recommended doing what Edgartown had done with Pennywise Path. We hired Edgartown’s consultant to write an RFP. This wasn’t what Town Meeting told us to do. We jumped over the design step. We should now put out an RFP for the design of the “Plan for Middle Line Road” as approved by Town Meeting. The town could obtain the specifications and permits and then go and seek a developer to build a known plan.
Mr. Parker said that it was a good plan and concept. He said he wants to do this right. He thanked the South Mountain Company and the Island Housing Trust for all the time and effort they had put into their response. Mr. Parker said that he had difficulty telling what this submission will give the town. He said he was unable to price it at this time. Mr. Parker said that there was no clear description of what will be built for the town and he was concerned about what the final cost to the town might be. He also said that the proposal does not address his question “will the project be built or not”. Mr. Parker said that unless there is some mechanism to guarantee that the town gets what it is paying $1 million for, he can
not tell the voters that they will get affordable housing out of this project. He said he needs to financially protect the town. He said he had uncertainties if this proposal was to be put before the town. Mr. Parker said that perhaps the Board of Selectmen have gotten ahead of themselves. He said that the Selectmen do not know what they are offering to the town.
Mr. Goldman asked IHT what the first thing they would do if awarded the project. Mr. Abrams said they would complete designs and seek the permits. Mr. Goldman said that perhaps if the town did those parts, it might not delay the project since they had to be done anyway.
Mr. Parker said that the next RFP for a developer should say here is the concept, stick to it, and put a price on it. Not be a two stage RFP like Mr. Doty was suggesting. Mr. Doty questioned that approach and there was discussion about how West Tisbury had proceeded on a project. Mr. Fenner asked that the next RFP seek a price from a professional estimator for the project. Mr. Abrams proposed that the Selectmen accept their proposal contingent upon the final design being presented to Town Meeting for approval and funding of the construction before going to the next phase. Mr. Parker said he was not comfortable with that and that there still were other problems. Mrs. Goff said that the town could lose the thrift of this project if the
town had to hire another developer. Mr. Ambulos urged a delay to seek legal counsel instead of canceling this RFP now.
Mr. Doty proposed a new RFP. He said we do not need a performance bond, and that enough legal advice had been sought already. Mr. Doty said it is time to move forward. Mr. Fenner moved and Mr. Doty seconded a motion to terminate this RFP for Middle Line Road and reject the only proposal received. SO VOTED: Three Ayes.
Mr. Fenner moved and Mr. Doty seconded a motion to proceed along the lines of the June 2005 Special Town Meeting vote to obtain Architectural, Design and Engineering services and a cost estimate of the final drawings. Mr. Parker said that there are still risks but he supported the motion. SO VOTED: Three Ayes.
Mr. Abrams said that as an advocate for affordable housing he was disappointed in this result, but that on behalf of SMC he was thankful for being able to disengage from what has been an unsatisfactory process. He said that he was hoping to honor the memory of Molly Flender and the hard work of many other people. Mr. Doty said that the Selectmen are dedicated to seeing this project through.
Meeting Adjourned at 5:46 PM.
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