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HomeMy Public PortalAboutCPC Packet 10/22/20Town of Brewster Community Preservation Committee 2198 Main St., Brewster, MA 02631 cpcmeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only October 22, 2020 at 4:00 p.m. This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The Town has established specific email addresses for each board and committee so the public can submit comments either before or during the meeting. To submit public comment or questions to the Community Preservation Committee, please email: cpcmeeting@brewster-ma.gov. To view the: Live broadcast: Tune to Brewster Government TV Channel 18 Livestream: Go to www.livestream.brewster-ma.gov Audio/video recording: Go to www.tv.brewster-ma.gov Community Preservation Committee Faythe Ellis Chair Sharon Marotti Vice Chair Elizabeth Taylor Clerk Barbara Burgo Bruce Evans Peggy Jablonski Diane Pansire Paul Ruchinskas Roland Bassett Jr. CPC Assistant Beth Devine 1. Executive Session – To consider the purchase, exchange, taking, lease, or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body- CPC briefing on the current status of 1848 Main St. Brewster, MA project (Community Preservation Act Historic Preservation) 2. Discussion and possible vote on Crosby Barn project scope and award modifications 3. Discussion and possible vote on FORWARD at the Rock award modification 4. Discussion and possible vote to amend Brewster Woods award letter and grant agreement to reflect a change in Item #2, Affordability Restrictions, in the case of foreclosure. 5. Financial update 6. 10/28 Public Hearing planning update 7. Committee Meeting future meeting schedule update 8. Project updates 9. Approval of minutes from 9/24/20 10. Items the Chair could not anticipate 11. Next meeting: 10/28/20 Public Hearing Date Posted: Date Revised: 1 Eric E. Dray Eric Dray Consulting 71 Prentiss Street Cambridge, MA 02140 508.566.3797 EricEDray@gmail.com MEMORANDUM TO: Brewster Community Preservation Committee FROM: Eric Dray, Preservation Consultant DATE: September 25, 2020 RE: Crosby Barn – Change Request In light of the Crosby Barn change request, and the prospect that the barn rehabilitation will not be fully completed with CPC and other funds at hand, the question has arisen whether there is sufficient public benefit to allow the first phase of work to proceed anyway. I am summarizing the comments I made on this question at the 9.24.20 CPC meeting. In my opinion, there is sufficient public benefit for the following reasons: 1.The upcoming phase of work will result in the completion of a fully-rehabilitated historic building. All historic features will have been either restored or sensitively replaced. While interior work, including HVAC, will not yet be done, the building will still be an excellent example of adaptive reuse that followed the Secretary of Interior’s Standards. 2.To the extent that the CPC assessed public benefit based on use of the barn for various community programs, it appears that some programs will still be able to use the barn. 3.In my mind, an important component of public benefit is public access to the property and the barn. That is why so much attention is given to appropriate treatment of the exterior features. Cape Rep allows public access to the grounds. 4.The fact that DCR owns the property provides another layer of protection for public benefit. In the very unlikely event that Cape Rep decided to leave this property, DCR includes a public access component to all short and long-term leases. October 16, 2020 Cape Cod Repertory Theatre Co., Inc. d/b/a Cape Rep Theatre An Update on the Crosby Barn Project to the Town of Brewster Community Preservation Committee 1. Community and Public Benefits At the September 25th CPC meeting concern was expressed that at the end of Phase 2A, we would still be left with only an occupancy permit for storage and that some public benefit should result from this effort to allow public access in addition to the benefit of rehabilitation of one of our community’s historical assets. Cape Rep Theatre met with the State Building Inspector and requested the ability to provide some public access to the Crosby Barn upon the completion of Phase 2A. At that time, the Barn would have a fully restored floor, two means of egress one of which would be handicapped accessible. Adequate lighting would be provided. A description of the public access agreed to is as follows: Visits to the Barn as part of our walking tours of the historic site or visits at other times by appointment only conducted and supervised by Cape Rep staff and trained volunteers. Groups in addition to staff is limited in size to 12 people and all require appointments or reservations to control group size. It is anticipated that there would be an installation of photos and other media. Examples are as follows: History of the Barn and/or other building on the historic site The project to rehabilitate the Barn Programming and/or history of the theater The history of Brewster The work of other Brewster artists In addition, we are I attaching, for your convenience, the benefits section of our original application to the CPC for Phase 2 of the Crosby Barn Project. We have included a few updates in red. CPC Application 7/10/2018 Cape Rep Benefits section p1 Please note the section on leveraging funds and support for other grants. We believe that the completion of 2A will leverage interest in the Barn and donations to the total completion of this project. From our original application: “CPA goals and Criteria and Community Benefits: • This project preserves Brewster’s unique character. We work to preserve and protect this property and the buildings under our care. We do this because we believe that what was once a piece of this Town’s cultural and economic past can be and will be lost forever without our efforts to preserve it. The Crosby family and Camp Monomoy Summer Camp are each represented in this land and these structures. This project is a unique opportunity to preserve the land and the essence of its history. It brings a new and useful life to the land and its buildings so that the past may live for the future. The days of Brewster’s farms and founding families have passed, the vast network of summer camps on the Cape died in the 1970s and what camps remain are rare reminders of days gone by. But, what remains of both is our responsibility to preserve. • Unquestionably, this will boost the vitality of this community because we are Brewster’s own and only performing arts facility. We spend money in the local economy. We now pump $730,000 into the local economy: We hire over 60 local artists and an additional 40-50 visiting artists, and purchase from over 30 local businesses everything from wood for sets to office supplies and fabric for costumes. We have seven year-round staff members and ten seasonal employees, all who utilize Brewster’s services from coffee shops to bed and breakfasts to hardware stores. With the completion of the Crosby Barn Project, we will be able to expand our programming, increasing opportunities for local artists and audiences, and expanding our economic impact locally. It attracts and increases the amount of tourist dollars spent at local businesses. CPC Application 7/10/2018 Cape Rep Benefits section p2 $ 816,000.00 in 2019 Over the past several years, attendance has exploded as our reputation has grown. In 1997, 3,649 people attended our productions; last year, 21,000 did. In addition we have 955 season subscribers to our programming and anticipate more as we continue to grow. We have most certainly provided a major portion of tourist entertainment in Brewster. Our summer children’s shows in the Outdoor Theater, the only Outdoor Theater on Cape Cod, have attracted full houses and become a tradition for families who visit Cape Cod. Children return year after year and have collections of our programs signed by actors playing their favorite characters. Our region depends heavily on tourist income as a principal source of sales and revenue, and the entertainment opportunities provided by Cape Rep, a destination for tourists, are an important part of Brewster’s economy, attracting guests to other local businesses and attractions. • It will enhance the quality of life for Brewster residents, giving it a place to recreate, to imagine a life past and participate in a present life of creativity and expression. The fully restored Indoor and Outdoor Theaters, Cape House and Barn are community resources. Together, they form a performing arts campus that is unique on Cape Cod. We believe we hold all of these buildings in the public trust for the benefit of the community. The parcel is public and used for hiking, horseback riding, dog walking, swimming, informal ball games and other group sports. Our theater permits local schools to use the field for their recreation programs. Cape Rep also allows other non-profit groups to use our indoor and outdoor facilities for little or no cost and cooperates with the Park for community uses that serve the public’s need for instruction, entertainment and recreation. And so, we provide a stewardship for this recreational resource as a benefit to the community. Our facility provides entertainment to year-round residents and summer tourists. We bring exciting professional artists to Brewster to challenge our local company of actors, directors and technicians and enrich the lives of our audiences. Our mission is to provide professional creative opportunities to artists from our community and to serve as stewards of the historic site housing our campus. The long- range plan of our artistic mission includes teachers, staff, technical artists, or actors to CPC Application 7/10/2018 Cape Rep Benefits section p3 1,060 in 2019 fulfill those goals. We are a home for theater professionals here on Cape Cod, and a source of training in the performing arts for artists from the local community. We recently started the Young Company Initiative (YoCo), a fast-growing program that provides free professional training through production for local teens. Students are coming from as far away as Plymouth and Wellfleet to participate in this free program that offers them a sense of community and engagement as well as rigorous training. With this program, we hope to introduce theater to a more diverse population of young people on Cape Cod. A constant reinvigoration of artists and a permanent staff throughout our campus will excite our audience and our community and result in a healthy restoration project and fundraising campaign to maintain it all. • This project will save a resource that would otherwise be threatened, the Crosby Barn. We saved the Crosby Barn in Phase I and now we are bringing it to new life in Phase II, preserving the Barn for future generations. As stated earlier, once restored and rehabilitated, the Crosby Barn will be one of the few barns on Cape Cod that will be open for the public to experience. Our hope is that when it is finally completed, stepping in to the Barn in the 21st century will be reminiscent of stepping into the Barn of the past. • This project will help leverage additional funds. There is no question that we need this grant to successfully execute Phase II and, in addition, we consider a grant from the CPC a leadership grant. It would allow us to leverage funds from other granting agencies and foundations. The Massachusetts Cultural - Facilities Fund regards a successful CPC application as proof of community support. We expect to apply for the next round of funding from the MCFF, expected this fall. Even a BCPC or BHC recommendation that has not been voted at annual town meeting is helpful. The support of our Town for this project legitimizes our efforts, instills confidence in our ability to reach our goal and excites others to donate to the campaign. 5. Community Support:
 Because our project is financially supported by a resident membership and subscription base, together numbering about 1086 people, our local support is the backbone of the project. Our long range plans for this project have been communicated to our membership and to our community leadership and town boards repeatedly over the last CPC Application 7/10/2018 Cape Rep Benefits section p4 Our Young Company grew from 12 to 35 in two years 25 years of residence in this location. To obtain legislation for this project and then launch it in as small a community as this, we needed support from a large base: small donations from many people were important to its success. Our community banks and foundations were our biggest supporters. Local foundations such as the Edward Bangs Kelley Foundation and the John K. and Thirza F. Davenport Foundation helped us to launch this performing arts project. The late Mary Louise and Ruth Eddy (Selectwomen, Town Clerk, School Board Members, Founders of the local Historical Society and Land Trust) were instrumental in helping us get going and it is their foundation that has enabled the initial planning and seed money for all of our projects since 1991. We are really not at the beginning of fundraising any more; we are heading towards the final phases of a long project that began 26 years ago. Many have traveled with us. We have completed these renovations with enormous donations of time and materials from our community. We have raised money in every way known to charitable endeavors: bake sales, auctions, benefits, dances, dinners, personal and corporate contributions, grants and awards. We have grown from a small volunteer base of 25 people in 1991 to a community organization with over 150 volunteers. They have been loyal and will continue to be generous. We are appending to this application some letters of support (Attachment 7), other than financial, that specifically speak to the merits of this project and its importance to the community and the tourist industry. 2. Budget for Sources of Revenue for Phase 2B of the Crosby Barn Project The budget for Phase 2B as presented to the Brewster CPC is $918,000.00. Some of the members of the Committee expressed a need to see a budget for revenue sources for Phase 2B. Accordingly, we have attached below a proposed plan. We would like to note that since the our meeting with the CPC on September 24th, we have received confirmation from the Mass Cultural Facilities Fund that we are eligible to enter the next grant round of funding (January 15, 2021, with awards in June, 2021) if we are able to submit our invoices for payment to MCFF by December 16, 2020. Those invoices must reflect an expenditure of the total grant and demonstration of the expenditure of matching funds in the amount of the total grant. We will be able to achieve these two pre- conditions if we are able to begin Phase 2A. They estimated that awards would be in the $200,000 range. Therefore the sources of revenue on the attached budget reflect a MCFF grant. CPC Application 7/10/2018 Cape Rep Benefits section p5 Our Barn Project Committee campaign chair will be present on October 22nd to speak to the sources of revenue from contributions and a public campaign itemized in the buget attached. CPC Application 7/10/2018 Cape Rep Benefits section p6 Crosby Barn Project Phase 2 B Sources of Income Grants/Foundations Foundations 80,000.00 MCFF January 2021 grant round 200,000.00 Individual Donations Pledges 125,000.00 Public Campaign, from Individuals, Businesses 300,000.00 Public Campaign Events 60,000.00 Loan 150,000.00 Total 915,000.00 1 Possible changes to Cape Rep Barn Award letter (wording subject to town counsel review) Project Description: Amend to reference memo from Cape Rep dated 9/16/2020. Project scope has been divided into Phase 2a and 2b. Brewster CPC funding award will be used to fund Phase 2a. 6) Prior to the release of any CPA funds, Cape Rep must submit a Phase 2a project funding sources and uses budget, including documentation that all projected revenue sources have been received, or have binding commitments, for an additional $499,073. Cape Rep must provide all funding information to the CPC liaison in writing prior to release of the award. 8) The CPC will withhold $___________ of the award until all of the work on Phase 2a and 2b on the Project have been completed. Project completion will be certified by the project architect and the CPC’s historic preservation consultant. Note: Decision on this wording may impact the dollar amount listed in item 6. 11) The project must be completed no later than December 30, 2022 (extended from original date of December 30, 2020. The project term may be extended for good cause shown, but such extension must be in writing signed by both parties hereto. Grant agreement attachment to be amended: Project description to include Cape Rep. memo and attachments dated 9/18/20 To: Community Preservation Committee From Donna Kalinick Assistant Town Administrator Date: October 19, 2020 RE: Brewster Woods Grant Agreement Amendment As many of you know, the Town has been working diligently on the Brewster Woods rental project in conjunction with our partners, the Brewster Housing Authority, Preservation of Affordable Housing (POAH) and Housing Assistance Corporation (HAC). The original CPC award of $550,000 was granted in May 2017. Since that time, POAH and HAC have worked with abutters and the Town, completed the Comprehensive Permit process, and received funding through the Massworks program, the Department of Housing and Community Development (DHCD) and the Barnstable Home Consortium in an effort to bring 30 much needed low to moderate rental homes to Brewster. We are pleased that the mortgage for this development will be held by Mass Housing Partnership through the LIHTC Program. The request is to add a provision to section 2, Affordability Restrictions, to address the remote possibility of foreclosure in order for the mortgage to be secured at a funding level that can support the development. There are no other changes. The housing rental units will still be configured in accordance with the agreement and serve low and moderate income residents at 30% to 60% of the AMI; this provision would only apply in the case of foreclosure. Over the last few months, town administration, the housing coordinator, the CPC chair, CPC Brewster Woods liaison, and town legal counsel have met with representatives from MHP and POAH to come to a fair and sustainable agreement on preserving a portion of the units, in the rare case of foreclosure. On Tuesday October 13th, the Zoning Board of Appeals, granted the same amendment and deemed it to be an insubstantial change to the Brewster Woods Comprehensive Permit. On October 9th, bids for Phase I of the infrastructure work were opened and came in very favorable to complete all of the work under the MassWorks grant. We hope to begin site work in November. Thank you for your assistance in this matter and your continued support of this initiative and the many housing programs of the Town. Attachment: A-Proposed adjustment to Section #2 Affordability Restrictions of the grant agreement FIRST AMENDMENT TO AMENDED AND RESTATED COMMUNITY PRESERVATION ACT GRANT AGREEMENT This First Amendment to Amended and Restated Community Preservation Act Grant Agreement (this “First Amendment”)is entered into on this 23rd day of October, 2020 by and between the Town of Brewster (the “Town”), a municipal corporation duly organized under the laws of Massachusetts and having a usual place of business at 2198 Main Street, Brewster, MA 02631, acting by and through the Community Preservation Committee (the “CPC”), and Preservation of Affordable Housing, Inc. (“POAH”), having an address of 40 Court Street, Suite 700, Boston, MA 02108, and Housing Assistance Corporation (“HAC” and, together with POAH, the “Recipients”), with an address of 460 Main Street, Hyannis, MA, 02601. Recitals Whereas, by the vote taken under Article 9 of the May 1, 2017 Town Meeting, the Town of Brewster, on the CPC’s recommendation, awarded $550,000 under the Community Preservation Act, G.L. c. 43B (the “CPA”), to the Recipients for the Brewster Woods Project; Whereas, the Brewster Woods Project consists of the construction and development of thirty (30) residential units, consisting of eight (8) one-bedroom, nineteen (19) two-bedroom, and three (3) three-bedroom apartments (the “Units”) on the parcel of land located on Brewster Road (the “Property”), owned by the Brewster Housing Authority, with CPA funds being used to construct twenty-nine (29) of said Units, and the rental of said twenty-nine (29) Units to income eligible persons, as described more particularly in the Project Description section of the Project Funding Application (the foregoing, the “Project”); and Whereas, the Recipients and the Town entered into a Community Preservation Act Grant Agreement dated September 15, 2017 (as amended by the Amendment and Restated Community Preservation Grant Agreement dated April 30, 2020, the “Grant Agreement”) to set forth the terms and conditions under which the Town would disburse the CPA grant funds. Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Grant Agreement; Whereas, the Grant Agreement requires the Recipients to grant to the Town and to DHCD a Regulatory Agreement encumbering the Property in perpetuity and surviving the foreclosure of any mortgages or other liens thereon; Whereas, the Recipients obtained a Comprehensive Permit from the Brewster Zoning Board of Appeals to undertake the Project; Whereas, the Recipients intend to obtain [have obtained] financing in part under the Low Income Housing Tax Credit (LIHTC) Program, and it is a condition of such financing that the lenders be able to foreclosure on their mortgages and terminate the affordable housing restriction if it is financially infeasible to comply with said restriction; Whereas, the Recipients have requested the Zoning Board of Appeals to modify the Comprehensive Permit and requested the CPC and the Town Administrator to amend the Grant Agreement to allow the affordability restrictions to terminate upon foreclosure; and Whereas, the Zoning Board of Appeals has modified the Comprehensive Permit to allow for a partial release of the affordability requirements set forth therein; and Whereas, the CPC and the Town Administrator are amenable to amending the Grant Agreement to allow for a partial release of the affordability requirements set forth herein. Now, Therefore, the Town and the Recipients agree to amend the Grant Agreement as follows: 1.Amendment. Section 2 of the Grant Agreement, entitled “Affordability Restrictions” is hereby deleted in its entirety and replaced with the following Section 2: 2.Affordability Restrictions. The Grant Funds are awarded to the Recipients on the condition that the Town, the Recipients, and the Department of Housing and Community Development (“DHCD”) enter into a Regulatory Agreement and Declaration of Restrictions on terms satisfactory to the Town, which shall require that twenty-nine (29) of the Units on the Property (the “Affordable Units”) be used for affordable housing purposes in perpetuity, rented to households earning no more than sixty percent (60%) of the Area Median Income (“AMI”) as determined by the U.S. Department of Housing and Urban Development (“HUD”) (it being acknowledged that seven (7) of the Affordable Units will be made available to households with incomes at or below 30% AMI), survive foreclosure of any mortgages and/or other liens encumbering the Property, and grant the Town the independent permanent right to enforce the terms thereof without regard to whether DHCD remains as a party thereto (the “Regulatory Agreement”). All mortgages and/or other liens shall be subordinated to the Regulatory Agreement. No Grant Funds, other than the Matching Funds, shall be disbursed until the Regulatory Agreement has been recorded against the title to the Property. All the Affordable Units must be included in the Town’s Subsidized Housing Inventory (“SHI”). Notwithstanding the foregoing, it is hereby agreed that, in the event that the Recipients obtain funding under the Low Income Housing Tax Credit (LIHTC) Program, the affordability requirements set forth herein may be partially terminated if, upon foreclosure of such financing, compliance with the requirements set forth above is financially infeasible, provided, however, that notwithstanding any such foreclosure, at least fourteen (14) of the Affordable Units shall be used in perpetuity for low or moderate income housing (the “Remaining Affordable Units”), of which eight (8) Remaining Affordable Units shall be rented in perpetuity to and occupied by households whose income is not greater than 80% of the AMI, as determined by HUD, and the six (6) Remaining Affordable Units shall be rented in perpetuity to and occupied by households whose income is not greater than 60% of AMI (all of the foregoing, the “Surviving Affordability Requirements”). The Surviving Affordability Requirements shall survive the foreclosure any mortgages and/or other liens encumbering the Property. 2. Ratification. Other than as modified herein, the Grant Agreement remains unchanged in all other respects and is hereby affirmed and ratified. In Witness Whereof, the parties have signed this First Amendment as of the date first written above. RECIPIENTS Preservation of Affordable Housing, Inc. Housing Assistance Corporation By: ___________________________________ By: __________________________ Name: Name: Title: Title: By: ___________________________________ By: __________________________ Name: Name: Title: Title: TOWN OF BREWSTER, By its Community Preservation Committee ____________________________________ By its Vice Chairperson TOWN OF BREWSTER ___________________________________ By its Town Administrator AS TO FORM ONLY ____________________________________ Town Counsel 736053/BREW/0129 BREWSTER COMMUNITY PRESERVATION GRANT QUARTERLY PROJECT STATUS REPORT Name of CPA Recipient: Habitat for Humanity of Cape Cod, Inc. Quarter Ending Date: September 30, 2020 Project Title: Paul Hush Way, Phase 2 Deed: On File √ Pending Not Applicable Project Representative/CPC Contact Name: Christine Duren, CPC Coordinator Address: 411 Main St., Suite 6A, Yarmouth Port, MA. 02675 Telephone Number: 508-667-0821 (cell) Email: cduren@habitatcapecod.org Approvals: CPC: 9/12/2018 Town Mtg: 12/3/2018 Amount: $200,000 Type: Construction Acres: # Homes: 8 Project Status: as of 10/5/2020 The seven remaining homes in Phase 2 are nearing completion. The homes are being insulated and waiting for kitchen appliances. Appliance supplier (KAM) says due to COVID lead times for appliance have increased from 3-4 weeks to 6 – 8 weeks. We anticipate delivery and installation in the next 2 weeks. At that time, final inspections will take place and COs issued. Out of our control is also when the USDA will complete appraisals and paperwork for the actual closings. We provided all information to USDA early in the process, however, due to changes to USDA internal procedures the process has now been taking two months or so which is an increase from a few weeks in the past. Project Timeline/Schedule: Due to COVID construction was halted however our Construction Director implemented an aggressive schedule the past few months utilizing all professionals, and we are miraculously scheduled for COs in November. Issues/Comments/Concerns: None at this time X Christine Duren CPC Coordinator Christine Duren Community Preservation Committee: FY20 Forecast as of 9/23/202020 2,584,645.00$ 1,035,075.00$ 292,896$ 3,912,616.00 50%10%10% Open Space Housing Historical $ 1,546,067.65 $ 170,340.31 $ 187,924.79 $ 680,312.25 $ 663,985.50 $ 132,797.10 $ 132,797.10 $ 398,391.30 $ 2,210,053.15 $ 303,137.41 $ 320,721.89 $ 1,078,703.55 Open Space Housing Historical "30%" $ (63,600.00) $ (62,280.00) $ (108,640.00) $ (51,433.00) $ (27,490.00) $ (424,210.00) -$ (18,943.70)$ $ (37,000.00) $ (7,500.00) 17,416.42 6,295.00 12,098.00 (35,809.42) reserve fund to appropriate accounts Copelas Property Acquisition $ (680,000.00) $ (75,000.00) $ (5,000.00) $ (147,500.00) $ (352,500.00) $ (2,500.00) $ (15,000.00) $ (15,000.00) $ (2,500.00) $ (400,000.00) Total YTD Obligations - FY20 $ (1,817,736.58) $ (268,205.00) $ 12,098.00 $ (422,253.12) $ 400,000.00 $ 61,344.00 $ 792,316.57 $ 34,932.41 $ 332,819.89 $ 717,794.43 Total net available from all accounts 1,877,863.30$ [2] State Match spring 2020. Spring town meeting approved a 451,700 paymentof existing debt and interest on this bond. FY 19 Actual Unreserved Fund Balance FY-19 Estimated total balance forwarded [1]: FY-20 Estimated local tax revenue: FY-20 Estimated State contribution [2]: Total FY-20 Estimated funds available: Budgedted Reserved for CPA Administration Expense [3] FY-20 Estimated revenue FY-20 Estimated Funds available FY-20 obligations as of 0 Jolly Whaler Bond BBJ Property Bond #1 BBJ Property Bond #2 Bates Property Bond Besse Cartway (Long Pond) Short Term Borrowing Interest (4) Besse Cartway (Long Pond) Principal Paydown [4]**** Open Space and Recreation Plan Update Admin/Legal costs Part Time Housing Coordinator Community Development Partnership - Housing Institute Budget transfer of FY18 unexpended prof services/admin from 30% FORWARD Support for Disabilities Housing FORWARD Support for Disabilities Housing Admin/Legal Costs Affordable Housing Trust Housing Rehab Request Affordable Housing Trust Housing Rehab Legal Funds Open Space and Recreation Plan Update [3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional expenses, the annual $3,500 state Coalition dues. {4} Town will borrow $1,595,000 short term for the purchase. State LAND grant of $400,000 to be available at some point and remaining $75,000 BCT payment anticipated to be available Additional principal paydown - Long Pond Note (5) FY20 Estimated Unreserved Fund Balance as of with Adjustments [1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional expenses. Projected Y/E Adjustments Pmt Received from State for Long Pond Land Purchase Misc Y/E Revenue from Interest and other sources of income BONDS Community Preservation Committee: FY21 Forecast as of 9/23/2020 1,877,863.30$ 1,058,000.00$ 187,266.00$ 1,245,266.00$ 3,123,129.30 50%10%10% Open Space Housing Historical $ 792,316.57 $ 34,932.41 $ 332,819.89 $ 717,794.43 $ 622,633.00 $ 124,526.60 $ 124,526.60 $ 373,579.80 $ 1,414,949.57 $ 159,459.01 $ 457,346.49 $ 1,091,374.23 Open Space Housing Historical "30%" $ (61,200.00) $ (55,080.00) $ (105,120.00) $ (50,295.00) $ (5,204.00) (62,263.30)$ $ (49,500.00) $ (15,000.00) (425,000.00)$ (25,000.00)$ $ (325,500.00) $ (400,000.00) Total YTD Obligations - FY21 $ (1,002,399.00) $ (64,500.00) $ - $ (512,263.30) $ 412,550.57 $ 94,959.01 $ 457,346.49 $ 579,110.93 Total net available from all accounts 1,543,967.00$ {4} Original bond amount of 1,594,900 to be paid down by 899,210 in April. Rem. Balanceis 695,690 @ .75% interest rate Brewster Whitecaps Field Improvements Pleasant Bay Dock Improvements Field/Kelley Land Purchase Coalition dues. [3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional expenses, the annual $3,500 state [1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional FY21 Estimated Unreserved Fund Balance as of 09/04/2020 with Adjustments Additional Principal Paydown - Besse Cartway S/T Borrowing [2] State Match Revenue is projected at 17.7% of Town contribution per forecast received by the DOR on 9/4/2020. This differs from the 11.2% Reveue projected in the Warrant Article No. 8 which projected FY 21 income at $118,496 Part Time Housing Coordinator Community Development Partnership - Housing Institute BBJ Property Bond #2 Bates Property Bond Besse Cartway (Long Pond) Short Term Borrowing Interest (4) Administration Expense [3] ] BBJ Property Bond #1 Budgedted Reserved for CPA FY-20 Actual Unreserved Fund Balance FY-21 Estimated revenue FY-21 Estimated Funds available FY-21 obligations as of 07/01/2020 Jolly Whaler Bond FY-20 Estimated total balance forwarded [1]: FY-21 Estimated local tax revenue: FY-21 Estimated State contribution [2]: Total FY-21 Estimated funds available:BONDS Community Preservation Committee Minutes of August 27, 2020 Page 1 of 7 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 COMMUNITY PRESERVATION COMMITTEE JOINT WITH AFFORDABLE HOUSING TRUST Virtual Meeting Thursday, September 24, 2020 at 4:00 p.m. MEETING MINUTES OF SEPTEMBER 24, 2020 Present: Community Preservation Committee (CPC) - Chair Faythe Ellis, Vice-Chair Sharon Marotti, Clerk Elizabeth Taylor, Roland Bassett, Peggy Jablonski (4:30), Diane Pansire, Bruce Evans, Barbara Burgo, Paul Ruchinskas; Affordable Housing Trust (AHT) – Chair Ben deRuyter, Maggie Spade- Aguilar, Paul Ruchinskas, Timothy Hackert, Sarah Robinson, Donna Kalinick Absent: AHT- Madalyn Hillis-Dineen Also Present: Donna Kalinick, Assistant Town Administrator; Cynthia Bingham, Select Board; Jill Scalise, Housing Coordinator; Janine Perry, Cape Rep; Eric Dray, Consultant Chair Faythe Ellis called the meeting to order at 4:00 pm Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law and his March 15 and March 23, 2020 Orders imposing strict limits on the number of people that may gather in one place, this meeting will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting may be found on the Town’s website at www.brewster-ma.gov. For this meeting, members of the public who wish to listen to the audio broadcast may do so via the Town of Brewster website at http://livestream.brewster-ma.gov or on Channel 18. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure the public can adequately access the proceedings in real time via technological means. The Town has established specific email addresses for each board and committee that will be meeting remotely so that residents can send their comments in writing either before or during the meeting. In the event we are unable to live broadcast these meetings, despite best efforts, we will post on the Town website an audio recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting at http://tv.brewster-ma.gov. To submit public comment or questions to the Community Preservation Committee prior to or during the meeting please email to cpcmeeting@brewster-ma.gov. 1.Joint meeting with Affordable Housing Trust with possible discussion of the following topics: Housing Trust CPC fund us and upcoming requests CPC funding formula Additional future CPC housing fund requests, Trust and other Housing entities, including future of the Buy Down Program How the CPC and Trust can best work together with other housing entities to meet our collective goals After Faythe called the meeting to order, Ben DeRuyter opened the AHT Meeting as well. Faythe then asked Ben DeRuyter to take over for this Agenda Item. Ben deRuyter spoke to these two groups being a partnership and thanking all for their time and energy in making it work so well. He went on to discuss how important the rental assistance program, which was funded through the CPC, has been for our residents in Brewster and is so excited to see what it can accomplish, now, during a pandemic, and in the Approved: VOTE: Community Preservation Committee Minutes of August 27, 2020 Page 2 of 7 future for Brewster. The Millstone Road Project is of great importance for the Trust and therefore to move forward with the CPC in creating a working group tasked with putting together a five year pro- forma for affordable housing in our community. He said that it is important for our members to understand we are doing our due diligence in developing this five year pro-forma. He then turned it over to Donna Kalinick and Jill Scalise. Donna Kalinick said the $100,000 grant from November 2018, provided through the CPC is the funding source being used for the rental assistance program. Right now we are only looking for this program to be offered for one year, but we are trying to upgrade this to a three year program to provide security for those receiving the assistance. She said the Housing Coordinator Position is integral to all of the Housing Programs as well as all of the housing development projects. She asked Paul Ruchinskas, as a Housing Trust member, to go over the Mill Stone Project. Paul Ruchinskas gave an update on the MillStone Project. They have completed the public engagement process and had a consultant prepare a possible concept plan of how the homes could look on the site. They are about to start the request for proposal process to look for a developer that would hopefully satisfy all the criteria. He said it could take about 6 months to put the project out to bid and another 3 months for a contractor to be selected. The funding sources would rely heavily on State and Federal sources, but local contributions are critical and typically amount to well over $1M. For this particular project, total cost would be in the range of $20M total and looking for town contribution of $1M-$1.5M within the next year or two. Donna Kalinick said they used a little over $12,000 to hire Barrett Planning to do the community engagement process. Jill Scalise said the Trust also used CPC funds for the purchase of the access parcel on MillStone Road and with surveying of the property as well. The other funding is the preservation of subsidized housing inventory homes which was $500,000 designated at the November 2019 Town Meeting with an initial $300,000 for the first work on several homes of concern, not inhabited currently, but on our subsidized housing inventory. They are making slow progress but are moving forward. Donna Kalinick said they are allowed to use CPC funding for rehab work for subsidized housing. The CPC has run the Buy-Down Program for a number of years. Yet, the $30,000 is really not enough to help with the cost of a market-rate home on Cape Cod. It could be used more for the Buy-Down of an affordable home to help make it more affordable in these challenging times. She doesn’t think it can be solved today, but this is a discussion that should be ongoing as this is such an important program for this committee and the Trust going forward. Ben deRuyter wanted to discuss how the Housing Trust and CPC can best work together for their mutual goals and programs. He said that the Housing Trust is a new Trust, and is proud of what has been accomplished in the last 25/26 months, but wants to make sure there is a partnership going forward. He wanted to discuss the CPC funding formula and how it impacts housing programs. He also hopes that the Select Board joins the discussion as well. Sharon asked about funding the Buy-Down Program, asking about what is in the fund now and what the ask would be. Jill Scalise answered that currently the fund has $92,500, we have averaged one buy down per year, averaging one $30K buy down. Barbara wants to discuss diversity with the Town’s Affordable Housing Programs. She suggested perhaps reaching out with another language or two for affordable housing assistance and anything the CPC does, and/or starting a task force or committee looking at diversity through the Town of Brewster. Community Preservation Committee Minutes of August 27, 2020 Page 3 of 7 Peggy really appreciates this meeting and continuing to have joint meetings with this group going forward. She also recommends looking further out like two to four years to see what is on everyone’s horizons with such large funding projects and budgets. Elizabeth asked about an infusion of funds into the Buy-Down Program, and was curious to see if it should be run through the Housing Trust because it sometimes needs quick action. She feels the fund should be infused with a lot more funding as $30K doesn’t really help as much as it used to. Ben deRuyter said that a more in depth discussion about where this program best lies should continue but ultimately believes it is a CPC decision. Faythe said it has been very helpful to hear everything in one place and wonders about regional project funding requests. Ben deRuyter said there have been several projects requested and anything we can tackle regionally makes sense to him. Paul Ruchinskas agreed. Faythe asked if there were any public questions. None were submitted. MOTION made by Timothy Hackert to adjourn the Affordable Trust meeting at 4:40pm Donna Kalinick second. Roll Call Vote: Timothy Hackert – yes, Paul Ruchinskas – yes, Sarah Robinson – yes, Maggie Spade-Aguilar – yes, Donna Kalinick – yes, Chair deRuyter – yes VOTE 6-yes 0-no Faythe called to order the regular CPC Meeting 2.Presentation by representative of Cape Rep on Crosby Barn project scope change proposal Janine Perry presented the Committee with an overview of the project and spoke about the bids that came in for Phase Two. Cape Associates came in over about $50,000 from original projections. As the State is under the Pandemic Rules, Janine said they are still closed as a theater and have lost their programming for the year and began triaging their finances. They made a decision to engage in a period of study of the project to see what they could do with commitments on hand. She submitted a budget to the Committee for review and laid out a new proposal to restore the building. She said it seems very exciting to be able to produce the building completely restored on the exterior and on the interior salvaged. The proposal lays out what Phase 2A and 2B are – and what the plans would be moving forward. They would pull a permit for the entire project which would enable them to roll out a future installation of fire suppression and HVAC as money becomes available. She also submitted a time-line proposal. 3.Discussion and possible vote on Crosby Barn project scope and award modifications Faythe asked about the total project cost stating that Phase 2A would use all the funds committed and Phase 2B, $918,000, would have to be raised. Janine Perry answered that was correct. Janine Perry said she broke down the construction costs of the project under Phase 2A historical restoration. Phase 2B is the installation of the HVAC, the fire suppression system, the mechanical systems, bathroom interior fixtures, and the re-installation of the finishes. The project hasn’t expanded and this was planned from the beginning. She said they do not plan to come back to the CPC for more money at this time. Their intention is to continue with the project and complete it. Community Preservation Committee Minutes of August 27, 2020 Page 4 of 7 Peggy said that the CPC would have to change the conditions of the original award to allow this $400,000 to go forward without proof of the additional fundraising. Faythe agreed. Paul commented that he is similarly torn on this project. His concern is fundamentally around the issue of the public benefit of the historic project. The State owns it and they won’t allow historic preservation. If we were to go forward with this and get the barn renovated but not yet allow it to be used by the public, we won’t know when or how the rest of the funds will be raised to actually use the building for public benefit. Faythe said that from an historical perspective, she would love to see this building completed. But, because it was presented to the Town as this funding would complete the project, she feels uncertain and has similar concerns to Paul and Rollie. It might be best to table this until our next meeting to have more information and discussion to consider and understand this request. Eric Dray, as our preservationist consultant, said the main benefit will have been accomplished as an historic building is restored. It is a publicly accessible site. He feels that there is sufficient public benefit. Even if this property could not be occupied by this organization, it would still be held by an entity for which public access is granted. He feels that makes the investment safe. Sharon asked about the State Grant of $200,000 and when that needs to be used. Janine Perry said they would probably have until the end of year. She said that if the grant was not used, the next round of grants would be off the table for this project. Faythe agreed to table the vote until the next meeting on October 22, 2020. 4.Discussion on deed restriction for Brewster Woods project Donna Kalinick said from the Town perspective, we are out to bid for Phase One of the Brewster Woods Project. This is for the infrastructure work that we received the $1.6M Mass Works grant for which CPC provided the match funding. We are having a site visit with potential contractors next week. We are due to open the bids on October 9, 2020. From there, it will take a couple weeks to have someone under contract and start to proceed with the work. Phase One will be about 6 months of construction. We are required to file quarterly reports with the State Department of Housing and Economic Development about progress with the Mass Works grant. We will also be bringing Brewster Woods back to the CPC. Sharon said that with the latest bill of $2,200, we will have completely funded the allocation for construction contract documents. We will then be moving into construction services. Donna Kalinick said in terms of the project, they received a comprehensive permit for this project and will be going in front of the ZBA on October 13, 2020 for an insubstantial modification of the permit. About 1 year ago they had to make some adjustments to the design which were considered insubstantial. Secondly, POAH and HAC are working through the financial piece for the larger project. In this case, MA Housing Partnership will be the lender for the project. They use a particular set of mortgage documents and we have been in touch with legal about the senior restriction on the mortgage documents. It relates only to the property possibly going into foreclosure. Currently, we have come to an agreement that 14 of the 30 units would remain deed restricted in perpetuity. Community Preservation Committee Minutes of August 27, 2020 Page 5 of 7 Faythe said we would keep talking about this in October and future meetings. 5.Discussion and possible vote on changes to CPC Application Process and Procedure Faythe asked for any changes page by page. Page one, Paul’s status needs to be changed to “member.” Diane believes it would be best to be all electronic- better for the environment and the right time to make the switch. Sharon, Bruce, Rollie, and Barbara agreed. Elizabeth wanted to make sure paper copies could be requested. She also brought up that Faythe Ellis needs to be added at the bottom of the first page in place of Paul. Faythe went on to mention the change regarding the Brewster Housing Partnership (BHP) as being the entity this committee would refer community housing applications to when they were submitted. They are supportive of taking on that role if we were to vote on that tonight. Faythe would advocate for that vote. Diane said that a lot of times, BHP takes the summer off, so there might be something to manage there. She said she would confirm that information at their meeting later tonight. In summary, Faythe said for changes she sees - the name changes on page one, the submission of electronic copies on page 8 at top, and on page 4 at top belongs on prior page at the bottom. Faythe asked Donna her opinion regarding the application process. Donna Kalinick said the PDF seems a little funky to fill out, and perhaps we could run it by IT to see if there was a way to improve that. Having a conversation with IT might be beneficial. Given what we are dealing with right now, moving to electronic makes the most sense. Paul had another amendment - on page 7, categories for criteria for community housing, change the local preference language to commit to “a resident selection process that promotes diversity and does not include a local preference.” The current policy doesn’t serve the purposes of fair housing in the community. Barbara is highly in favor of this, and believes it would make a huge impact and is a major step forward. Motion to amend our application to update the names on page one, to update the item on page 7 by striking the box about local priority and replace it with commit to resident selection process that promotes diversity and does not include a local preference, to update our application process on page 8, so that community housing applications will be referred to the Brewster Housing Partnership, and also on page 8 to instruct people that applications should be submitted electronically. MOVED by Sharon Marotti. Seconded by Roland Bassett. Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Barbara Burgo – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Diane Pansire – yes, Chair Ellis - yes VOTE 8-yes 0-no Peggy did not vote as she left the meeting before the vote was taken. 6.Financial Update – defer Community Preservation Committee Minutes of August 27, 2020 Page 6 of 7 7.Summary of Annual Town Meeting warrant articles Faythe gave the update on Annual Town Meeting warrant articles. Article 8 and Article 9 were both approved at Town Meeting. There was only one question asked in regard to balances. Article 21 also involved CPC, and CPC Articles will now be included up front and not in the lottery system. 8.10/28/20 Public Hearing Planning update Our Public Hearing will be held October 28, 2020 at 4:30pm virtually. We will be placing legal ads in the Cape Codder on 2 Fridays before the meeting. We will also be sending stake holders an email making them aware of the Public Hearing. We will also be putting on the website shortly. If you have other people you want invited, please let Beth know. 9.Approval of Minutes from August 27, 2020 meeting Faythe had one amendment Item 1, strike “for the historical society museum” Motion to approve the Minutes of the August 27, 2020 meeting as amended. MOVED by Roland Bassett. Seconded by Elizabeth Taylor. Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Barbara Burgo – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Diane Pansire – abstain, Peggy Jablonski - yes, Chair Ellis - yes VOTE 8-yes 0-no 1-abstain Diane abstained as she did not attend that meeting. 10.Project Updates - defer 11.Announcements Faythe mentioned to watch the Town Website for any updates for residents. Donna said the Covid Relief Fund Applications are now available on the website. Anyone who hasn’t signed up for updates, it is a very easy process and you will get every new post. Faythe asked if there were any public comments or questions. None were submitted. Elizabeth Taylor mentioned that the money for the purchase on Slough Road has come through. She has forwarded the information to Mimi Bernardo. 12.Items the Chair could not anticipate - none Community Preservation Committee Minutes of August 27, 2020 Page 7 of 7 13.Next meeting: October 22, 2020 4PM Remote MOTION made by Elizabeth Taylor to adjourn the meeting at 6:10pm Roland Bassett seconded. Roll Call Vote: Bruce Evans – yes, Barbara Burgo – yes, Elizabeth Taylor – yes, Diane Pansire – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sharon Marotti – yes, Chair Ellis - yes VOTE 8-yes 0-no Respectfully submitted, Beth Devine, Recording Secretary Packet of additional documents available on website for reference.