Community Preservation Committee Meeting
Thursday, March 1, 2007
The Community Preservation Committee (CPC) held a meeting in the Mural Room, Lower Level of the Town Hall on Thursday, March 1, 2007 beginning at 8:00 a.m. Members present included Chairman Holly Morris, Nancy Bennett, Tony Kelso, Brendan Keohan, Pat Loring, Sarianna Seewald, and George Wadsworth. Also present were Frank Mangione, Fiscal Advisory Committee, and Joe Grady, Conservation Administrator.
PUBLIC FORUM
No subject was brought forward.
OTHER BUSINESS
Ms. Morris read a copy of a letter dated 2/27/2007 to the Board of Selectmen regarding Chafik Hamadeh’s proposed Local Initiative Proposal off Bay Road. Mr. Keohan who is a member of the Local Housing Partnership explained the proposal. Ms. Morris asked Mr. Keohan to keep the CPC apprised of the project as it goes through the permitting process.
TOWN MEETING ARTICLES
The CPC reviewed the motions for the articles and made the following motions.
Article 14 - CPC Operating Budget – Ms. Loring made the motion that was seconded by Mr. Wadsworth.
Motion: The CPC recommends the Town vote to raise and appropriate $80,000 in accordance with Massachusetts General Laws, Chapter 44B, for expenses and charges for the operation of the Community preservation Committee, all for the fiscal year beginning July 1, 2007 and ending June 30, 2008, said funds to be expended under the direction of the Town Manager.
Vote: 7 – in favor; 0 – opposed. Motion passed.
Article 15- 10% Allocation – Mr. Wadsworth made the motion that was seconded by Mr. Kelso.
Motion: The CPC recommends the Town vote to raise and appropriate the sum of $648,000.00 for the purpose of meeting the requirements of the Community Preservation Act, M.G.L. Chapter 44B, Section 6, for purposes of open space, community housing (affordable) and historic resources (preservation).
Vote: 7 – in favor; 0 – opposed. Motion passed.
Article 16 – Synthetic Athletic Fields – The CPC postponed discussion on this article until the arrival of Town Counsel at the meeting.
Article 17- Tarkiln Community Center Plans & Specs. - Ms. Bennett made the motion that was seconded by Mr. Keohan.
Motion: The CPC recommends the Town vote to appropriate the sum of $125,000.00 for the preparation of construction and bid documents for the historic restoration of the Tarkiln Community Center, and further to authorize the Town Manager to expend said sum of money from the Community Preservation Fund for the purposes of this article, and to meet this appropriation to transfer the sum of $125,000.00 from historic preservation reserves, said sums to be expended under the direction of the Town Manager.
Vote: 7 – in favor; 0 – opposed. Motion passed.
Article 18- Unused Funds RE: Delano Well Site - Ms. Loring made the motion that was seconded by Mr. Kelso.
Motion: The CPC recommends the Town vote to transfer $5,000 from unused Water Enterprise Fund proceeds in the Community Preservation Fund back to the Water Enterprise Fund.
Vote: 7 – in favor; 0 – opposed. Motion passed.
Article 19 – Unused Funds from Completed Projects - Ms. Loring made the motion that was seconded by Mr. Keohan.
Motion: The CPC recommends the Town vote to authorize the Town Accountant to rescind unused money voted under the following Town Meeting articles:
$3,601.75 from the June 17, 2003 Special Town Meeting, Article 5, for King Caesar House renovations;
$1,432.49 from the June 14, 2004 Special Town Meeting, Article 2, for Keene Street Field improvements;
$2,851.80 from the June 14, 2004 Special Town Meeting, Article 8 for the Jaycox property;
$7826.00 from the March 12, 2005 Special Town Meeting, Article 7, for Jaycox legal expenses;
$803.84 from the March 12, 2005 Annual Town Meeting article 17 for the Bluefish River Firehouse;
$706.80 from the March 2005 Annual Town Meeting, Article 18 for Town Green irrigation; and to transfer said money back to the Community Preservation Act Fund.
Vote: 7 – in favor; 0 – opposed. Motion passed.
PROJECT UPDATES
Wright Building – Mr. Grady reported a targeted opening date of April 1, 2007 and that the project is on budget. The CPC discussed landscaping.
Island Creek Fish Ladder – Mr. Grady reported the development of a volunteer monitoring program for the fish run.
Delano Housing – Mr. Keohan reported bids on the two housing projects should be submitted within a week.
Tarkiln Community Center – Mr. Wadsworth and Ms. Bennett reported on the concern of the Historical Commission regarding the building being empty. The request for funding a consultant for the National Register Nomination application was postponed until after Town Meeting.
DISCUSSION WITH TOWN COUNSEL REGARDING ARTICLE 16 – SYNTHETIC ATHLETIC FIELDS
Town Counsel Robert Troy arrived at the meeting at 9:15 a.m. to discuss with the CPC the motion for Article 16. Discussion was centered on whether an easement should or should not be included in the motion. It was reported that the final vote for Article 16 at the CPC meeting on 2/15/2007 included an easement. The CPC discussed whether to stay with its original vote. Troy reviewed his legal opinion and noted that because this is an intra-municipal project it is not necessary to require an easement. Ms. Seewald commented that including the easement would legally strengthen the CPC’s position to be more in compliance with the Community Preservation Act as to whether synthetic fields are an appropriate use for funding. Ms. Bennett questioned what happens if it is found that synthetic fields are an illegal use
and an appropriation is made; would the money have to be returned to the CPA Fund and who would pay back the money?
Ms.Loring made a motion that was seconded by Mr. Wadsworth.
Motion: to stay with the original vote to include language that the CPC is funding site work and drainage up to $670,000 and that no money is expended until the remaining 2/3 of the cost of the project is raised by P.R.I.D.E,Inc. and an easement is granted.
After some discussion Ms. Loring withdrew her motion. Mr. Kelso made a motion that was seconded by Mr. Keohan.
Motion: to strike the language of an easement from the original vote on advice of Town Counsel.
Ms. Seewald asked Town Counsel if this motion failed would the CPC’s recommendation revert back to the last vote on 2/15/2007. She proposed getting clarification if the project was appropriate use of CPA funds and to revisit the proposal at a later date. The consensus of the CPC was to bring the proposal to Town Meeting and agreed that a new vote was the best way to handle it. Mr. Kelso withdrew his motion.
Mr. Wadsworth made a motion that was seconded by Mr. Kelso.
Motion: the CPC recommends the appropriation of 1/3 the cost of the site work and drainage improvements for the construction of two synthetic fields, not to exceed $670,000 from the CPA fund subject to the receipt of the remaining amount of the project being funded by P.R.I.D.E Inc.
Vote: 3 – in favor; 3 – opposed; 1 – abstention (Seewald). Motion failed.
Ms. Loring made a motion that was seconded by Mr. Wadsworth.
Motion: the CPC recommends the appropriation of 1/3 the cost of the site work and drainage improvements for the construction of two synthetic fields, not to exceed $500,000 from the CPA fund subject to the receipt of the remaining amount of the project being funded by P.R.I.D.E Inc.
Vote: 5 – in favor; 1 – opposed (Wadsworth); 1 – abstention (Seewald). Motion passed.
As a result of this proposal, Ms. Loring recommended that after Town Meeting the CPC develop committee policies and guidelines.
Administrative Matters
The CPC postpone review of the draft minutes until the next meeting.
The CPC signed the bill for legal services from Town Counsel.
Meeting adjourned at 10:55 a.m.
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