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Home My Public Portal AboutCPC packet 042821Town of Brewster Community Preservation Committee 2198 Main St., Brewster, MA 02631 cpcmeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA April 28, 2021 at 4:00 PM (Remote Participation Only) This meeting will be conducted by remote participation pursuant to Gov. 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 meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1.Phone: Call (929) 436-2866 or (301) 715-8592.Webinar ID: 837 7728 4808 Passcode: 326439 To request to speak: Press *9 and wait to be recognized. 2.Zoom Webinar: https://us02web.zoom.us/j/83777284808?pwd=NjB3WldRTGRxb0l0WXhIS1J0Y1NOQT09 Passcode: 326439 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. Community Preservation Committee Faythe Ellis Chair Sharon Marotti Vice Chair Elizabeth Taylor Clerk Roland Bassett Jr. Barbara Burgo Bruce Evans Peggy Jablonski Diane Pansire Paul Ruchinskas CPC Assistant Beth Devine 1.Call to order 2.Financial Report 3.Discussion and possible vote to extend term of Brewster Woods mortgage to 40 years. 4.Discussion and possible vote to approve edits to Stony Brook Retaining Wall Award letter draft. 5.Discussion of possible joint meeting with Town of Dennis CPC 6.Approval of minutes from 4/14/21 7.Project updates 8.Announcements 9.Items the Chair could not anticipate 10.Next meeting 5/12/21 at 4 PM 11.Motion to adjourn Date Posted: Date Revised: 4/26/21 Community Preservation Committee: FY21 Forecast as of 4/23/2021 1,877,863.30$ 1,058,000.00$ 368,430.00$ 1,426,430.00$ 3,304,293.30 50%10%10% Open Space Housing Historical $ 792,316.57 $ 34,932.41 $ 332,819.89 $ 717,794.43 $ 713,215.00 $ 142,643.00 $ 142,643.00 $ 427,929.00 $ 1,505,531.57 $ 177,575.41 $ 475,462.89 $ 1,145,723.43 Open Space Housing Historical "30%" $ (61,200.00) $ (55,080.00) $ (105,120.00) $ (50,295.00) $ (5,204.00) (71,321.50)$ $ (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) $ - $ (521,321.50) $ 503,132.57 $ 113,075.41 $ 475,462.89 $ 624,401.93 Total net available from all accounts 1,716,072.80$ $ 81,973.00 {5} 1/14/21 CPC voted to use Windrift grant funds of $295,690 to pay off Besse Cartway note. Windrift Acres grant was 377,693. Remaining Balance of 81,973 will be rolled into ending FY21 Balance of the Open Space Pleasant Bay Dock Improvements McGuerty Road Land Purchase Additional Principal Paydown - Besse Cartway S/T Borrowing FY21 Estimated Unreserved Fund Balance as of 04/23/2021 with Adjustments Balance of Grant Funds for Received July 2020 - Reimbursement for Windrift Acres [1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional expenses. (2) State Match revenue is projected at 15%, which is the total which was listed in the Fall TM Warrant. [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 CPA Coalition dues. {4} Original bond amount of 1,594,900 to be paid down by 899,210 in April 2020 and 400,000 in April 2021. Rem. Balance is 295,690 @ .75% interest rate Brewster Whitecaps Field Improvements Jolly Whaler Bond (5) BBJ Property Bond #1 BBJ Property Bond #2 Bates Property Bond Besse Cartway (Long Pond) Short Term Borrowing Interest (4) Administration Expense [3] Part Time Housing Coordinator Community Development Partnership - Housing Institute FY-21 obligations as of 04/23/2021 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: Budgedted Reserved for CPA FY-20 Actual Unreserved Fund Balance FY-21 Estimated revenue FY-21 Estimated Funds available BONDS Community Preservation Committee: FY22 Forecast as of 50% Open Space $ 585,105.57 $ 717,363.68 $ 1,302,469.25 Open Space $ (53,100.00) $ (101,600.00) $ (48,983.00) Total YTD Obligations - FY22 $ (203,683.00) Rental Assistance Habitat - Red Top Road Housing Coordinator BBJ Property Bond #1 BBJ Property Bond #2 Bates Property Bond Administration Expense [3] Outstanding Requests for Funding for Spring TM/CPC Recommends Brewster Dog Park Dennis Veterans Home Mill Pond Wall FY-22 obligations as of 04/23/2021 FY-21 Estimated total balance forwarded [1]: FY-22 Estimated local tax revenue: FY-22 Estimated State contribution [2]: Total FY-22 Estimated funds available: FY-21 Actual Unreserved Fund Balance FY-22 Estimated revenue FY-22 Estimated Funds available $ 1,098,786.25 Total net available from all accounts Adj Balance Windrift (5)81,973.00 Balance included in FY22 Beg Bals (2) State Match revenue is projected at 15%, which is the total which was listed in the Fall TM Warrant. [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 $3,500 state Coalition dues. FY22 Estimated Unreserved Fund Balance as of 04/23/2021 with Adjustments REMAINING OPEN SPACE GRANT FUNDS (4) [1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional 4/23/2021 1,716,072.80$ 1,084,450.00$ 350,277.35$ 1,434,727.35$ 3,150,800.15 10%10% Housing Historical $ 113,075.41 $ 525,462.89 $ 624,401.93 $ 1,848,045.80 (131,973.00)$ $ 143,472.74 $ 143,472.74 $ 430,418.21 $ 1,434,727.35 $ 256,548.15 $ 668,935.63 $ 1,054,820.14 Housing Historical "30%" (71,736.37) (185,000.00) (52,500.00) (125,000.00) (51,096.00) (150,000.00) (105,000.00) $ (103,596.00) $ (125,000.00) $ (511,736.37) Budgedted Reserved for CPA BONDS $ 152,952.15 $ 543,935.63 $ 543,083.77 2,338,757.78$ YE ADJUSTMENT- BREWSTER BAPTIST STEEPLE RETURN OF ALLOCATED FUNDS 50,000.00 Balance included in FY22 Beg Bals [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 Background – Term extension request for Brewster Woods mortage. From: Shirin Everett Sent: Friday, April 23, 2021 9:49 AM To: 'Peter Lombardi'; Faythe Ellis Cc: Donna Kalinick Subject: RE: Brewster Woods Draft Town CPA Note and Mortgage Peter, I believe this started out as a CPA grant, but we structured it as a loan as that is what POAH wanted. The CPC agreed that we would obtain a 30-year 0% interest mortgage that would be forgiven at the end of the term. Since the mortgage was not a condition of Town Meeting, and is not really securing the affordable housing restriction (which stays in place despite a foreclosure of any mortgage), it is my opinion that a Town Meeting vote is not required. At most, the CPC could consider extending the mortgage from 30 to 40 years. They intend to close in a couple weeks, and it would be helpful to give them an answer sooner rather than later. Shirin Everett, Esq. KP |LAW 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 654 1731 F: (617) 654 1735 severett@k-plaw.com www.k-plaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and attachments thereto, if any, and destroy any hard copies you may have created and notify me immediately. From: Peter Lombardi <plombardi@brewster-ma.gov> Sent: Friday, April 23, 2021 8:56 AM To: Shirin Everett <SEverett@k-plaw.com>; Faythe Ellis <faythe.ellis@outlook.com> Cc: Donna Kalinick <dkalinick@brewster-ma.gov> Subject: RE: Brewster Woods Draft Town CPA Note and Mortgage Shirin, As you know, we typically need Town Meeting approval for any contracts longer than 30 years. I assume that this is an exception to that? Thanks, Peter From: Shirin Everett [mailto:SEverett@k-plaw.com] Sent: Wednesday, April 21, 2021 5:37 PM To: Faythe Ellis <faythe.ellis@outlook.com> Cc: Donna Kalinick <dkalinick@brewster-ma.gov>; Peter Lombardi <plombardi@brewster-ma.gov> Subject: Brewster Woods Draft Town CPA Note and Mortgage Hi Faythe, I hope you are well. See email from POAH’s attorney, asking if the Town would consider changing its mortgage from a 30 year to a 40-year mortgage, as, apparently, one of POAH’s lenders thought that the Town’s mortgage was a 40-year mortgage and made financial projections based on that assumption. Since the Town is not expecting to be repaid (so long as there is no default), it’s my opinion that the Town could consider agreeing to the longer-term mortgage. If you determine that this needs to go before the CPC again, please advise. I will wait to hear from and get back to POAH’s attorney. Shirin Everett, Esq. KP |LAW 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 654 1731 F: (617) 654 1735 severett@k-plaw.com www.k-plaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and attachments thereto, if any, and destroy any hard copies you may have created and notify me immediately. From: Ross Pini <rpini@kleinhornig.com> Sent: Monday, April 19, 2021 4:29 PM To: Shirin Everett <SEverett@k-plaw.com> Cc: Wataru Matsuyasu <WMatsuyasu@kleinhornig.com>; Roxcell Rigby <rrigby@poah.org>; Cory Fellows <cfellows@poah.org> Subject: RE: Brewster Woods Draft Town CPA Note and Mortgage Hi Shirin, -Would the Town agree to a 40-year term on the note? The forgiveness language is being removed from the note to evidence that these funds are a loan and not a grant, and our LIHTC investor is modeling the town CPA loan as having a 40-year term as part of its yield. I know that the grant agreement refers to a 30-year term, but is there any room for the town to push to 40 years? Thanks, Ross Klein Hornig LLP _________________________________________________________ ROSS PINI | 101 Arch Street, Suite 1101 | Boston MA 02110 T 617 224 0600 | D 617 224 0623 | F 617 224 0601 | www.kleinhornig.com From: Shirin Everett <SEverett@k-plaw.com> Sent: Wednesday, April 7, 2021 5:36 PM To: Ross Pini <rpini@kleinhornig.com> Cc: Wataru Matsuyasu <WMatsuyasu@kleinhornig.com> Subject: RE: Brewster Woods Draft Town CPA Note and Mortgage Ross, see minor edits to the Note, and a clean copy of the Mortgage. Shirin Everett, Esq. KP |LAW 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 654 1731 F: (617) 654 1735 severett@k-plaw.com www.k-plaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and attachments thereto, if any, and destroy any hard copies you may have created and notify me immediately. From: Ross Pini <rpini@kleinhornig.com> Sent: Monday, March 22, 2021 9:31 AM To: Shirin Everett <SEverett@k-plaw.com> Cc: Wataru Matsuyasu <WMatsuyasu@kleinhornig.com> Subject: RE: Brewster Woods Draft Town CPA Note and Mortgage Hi Shirin, Additional comments to the CPA loan documents are attached here in track changes. Best, Ross Klein Hornig LLP _________________________________________________________ ROSS PINI | 101 Arch Street, Suite 1101 | Boston MA 02110 T 617 224 0600 | D 617 224 0623 | F 617 224 0601 | www.kleinhornig.com From: Ross Pini <rpini@kleinhornig.com> Sent: Sunday, March 21, 2021 8:22 PM To: Shirin Everett <SEverett@k-plaw.com> Cc: Wataru Matsuyasu <WMatsuyasu@kleinhornig.com> Subject: Re: Brewster Woods Draft Town CPA Note and Mortgage Hi Shirin, The $255k number refers to the amount of the CPA award minus the $295K in MassWorks matching funds that are required to be set aside for the Town. Donna at the Town told POAH that the town expected to use all 295k as part of the MassWorks scope. Thanks, Ross On Mar 21, 2021, at 2:22 PM, Shirin Everett <SEverett@k-plaw.com> wrote: Wat, Could you let me know why the loan amount is being reduced to $255,000. Has the Town agreed to this provision? Thanks. Shirin Everett, Esq. KP |LAW 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 654 1731 F: (617) 654 1735 severett@k-plaw.com www.k-plaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and attachments thereto, if any, and destroy any hard copies you may have created and notify me immediately. From:Chloe.Gordon@hklaw.com <Chloe.Gordon@hklaw.com> Sent: Friday, March 19, 2021 9:32 AM To:rpini@kleinhornig.com; kim.mclaughlin@bofa.com; kathryn.d.hanifan@bofa.com; mary.a.thompson@bofa.com; jspringfield@poah.org; cmian@poah.org; rrigby@poah.org; Kathleen.Furey@hklaw.com; Kevin.George@hklaw.com; WMatsuyasu@kleinhornig.com; dquinn@haconcapecod.org; matthew.gibney@state.ma.us; hmigliorato@masshousing.com; wmorgan@cedac.org; marybeth.hubner@hklaw.com; bryan.nguyen@state.ma.us; sgandt@mhp.net; irene.hamman@barnstablecounty.org; fgoyesflor@masshousing.com; KLE@bostonbusinesslaw.com; mdutton@duttonlegal.com; ayumi.edgar@bofa.com; cfellows@poah.org; dabberton@mhp.net; Shirin Everett <SEverett@k-plaw.com> Cc:sara.heskett@hklaw.com; corrinne.mosser@hklaw.com; Regina.Bartussek-Davis@hklaw.com Subject: RE: Brewster Woods Draft Town CPA Note and Mortgage Good Morning: Below, please find our comments to the CPA Loan documents on behalf of Bank of America. Please let us know of any questions and note I reserve Bank of America’s right to review and further comment. Global -Please note, all dates and numbers remain subject to confirmation by Bank of America. -Please revise the loan amount to $255,000 throughout. -Bank of America is underwriting a 40 year term; please revise throughout. Mortgage -Global: Please correct the Borrower’s name as follows: “Brewster Woods Preservation Associates Limited Partnership” Please revise to reflect all of the senior loans to be entered into at closing. Please add a provision indicating that this Loan is a nonrecourse obligation of the Borrower. -Article I, Granting Clause, first paragraph: Please insert “and 1 manager’s unit” after “affordable housing”. -Article II, Covenants, Section 1: Third paragraph: Please revise as follows: “The Lender is authorized to declare, at its option, all or any part of such indebtedness immediately due and payable also upon the happening of any of the following events (after expiration of all applicable notice and cure periods):” Last paragraph: Please delete the loan forgiveness paragraph beginning with “Notwithstanding” in its entirety. Please insert the following language at the end of this Section: “Notwithstanding anything to the contrary contained in this Mortgage or the Note, Lender hereby agrees that Borrower’s limited partner shall have the right, but not the obligation, to cure any defaults of the Borrower hereunder and under the Note, and the Lender agrees to accept cures tendered by Borrower’s limited partner on behalf of the Borrower within the applicable cure periods set forth therein. Copies of all notices which are sent to Borrower under the terms of this Mortgage or the Note shall also be sent to Borrower's limited partner at: Bank of America, N.A., MA1-225-02-02, 225 Franklin Street, Boston, MA 02110, Attention: Jill Amero (Asset Manager - Brewster Woods) with copy to: Holland & Knight LLP, 10 St. James Avenue, Boston, MA 02116, Attention: Sara C. Heskett, Esq.” -Article II, Covenants, Section 9: Please insert the following language at the end of this Section: “Notwithstanding anything to the contrary contained in this Mortgage or the Note, the interest of the Borrower's limited partner shall be freely transferrable and removal, or withdrawal in lieu of removal, of Borrower's general partner for cause in accordance with Borrower's amended and restated limited partnership agreement shall not constitute a default under this Mortgage or the Note provided that Borrower’s limited partner delivers prior written notice thereof to Lender and that Borrower’s limited partner selects a substitute general partner in accordance with the amended and restated limited partnership agreement.” Note -Global: Please add a provision indicating this is a nonrecourse obligation of the Borrower. -Section 1: Please revise as follows: “to construct 29 units of rental affordable housing and 1 manager’s unit…” -Section 4: Please incorporate the following investor cure language at the end of this Section: “Notwithstanding anything to the contrary contained in this Note or the Mortgage, Lender hereby agrees that Borrower’s limited partner shall have the right, but not the obligation, to cure any defaults of the Borrower hereunder and under the Mortgage, and the Lender agrees to accept cures tendered by Borrower’s limited partner on behalf of the Borrower within the applicable cure periods set forth therein.” -Section 5: Please delete the loan forgiveness language (everything after “Notwithstanding”). Have a great weekend! Chloe Chloe Gordon | Holland & Knight Associate Holland & Knight LLP 10 St. James Avenue, 11th Floor | Boston, Massachusetts 02116 Phone 617.305.2058 | Fax 617.523.6850 chloe.gordon@hklaw.com | www.hklaw.com ________________________________________________ Add to address book | View professional biography From: Ross Pini <rpini@kleinhornig.com> Sent: Tuesday, March 2, 2021 9:26 PM To: Gordon, Chloe (BOS - X72058) <Chloe.Gordon@hklaw.com>; 'kim.mclaughlin@bofa.com' <kim.mclaughlin@bofa.com>; 'kathryn.d.hanifan@bofa.com' <kathryn.d.hanifan@bofa.com>; 'mary.a.thompson@bofa.com' <mary.a.thompson@bofa.com>; 'jspringfield@poah.org' <jspringfield@poah.org>; 'cmian@poah.org' <cmian@poah.org>; 'rrigby@poah.org' <rrigby@poah.org>; Furey, Kathleen M (SCT - X73479) <Kathleen.Furey@hklaw.com>; George, Kevin C (NYC - X73481) <Kevin.George@hklaw.com>; Wataru Matsuyasu <WMatsuyasu@kleinhornig.com>; 'dquinn@haconcapecod.org' <dquinn@haconcapecod.org>; 'matthew.gibney@state.ma.us' <matthew.gibney@state.ma.us>; 'hmigliorato@masshousing.com' <hmigliorato@masshousing.com>; 'wmorgan@cedac.org' <wmorgan@cedac.org>; Hubner, Mary Beth (BOS - X72148) <marybeth.hubner@hklaw.com>; 'bryan.nguyen@state.ma.us' <bryan.nguyen@state.ma.us>; 'sgandt@mhp.net' <sgandt@mhp.net>; 'irene.hamman@barnstablecounty.org' <irene.hamman@barnstablecounty.org>; 'fgoyesflor@masshousing.com' <fgoyesflor@masshousing.com>; 'KLE@bostonbusinesslaw.com' <KLE@bostonbusinesslaw.com>; 'mdutton@duttonlegal.com' <mdutton@duttonlegal.com>; 'ayumi.edgar@bofa.com' <ayumi.edgar@bofa.com>; 'cfellows@poah.org' <cfellows@poah.org>; 'dabberton@mhp.net' <dabberton@mhp.net>; 'Shirin Everett' <SEverett@k-plaw.com> Cc: Heskett, Sara (POR - X55860) <sara.heskett@hklaw.com>; Mosser, Corrinne E (POR - X52936) <corrinne.mosser@hklaw.com>; Davis, Regina H (POR - X55882) <Regina.Bartussek-Davis@hklaw.com> Subject: Brewster Woods Draft Town CPA Note and Mortgage [External email] All, Attached here are drafts of the Town CPA Note and Mortgage prepared by Shirin Everett of KP Law, who is representing the Town (she is cc’d here). Please note that the developer has not yet reviewed these and I am also passing along the message that Town reserves all rights with respect to these drafts. Best, Ross Klein Hornig LLP Community Preservation Committee Minutes of April 14, 2021 Page 1 of 4 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 COMMUNITY PRESERVATION COMMITTEE Virtual Meeting Wednesday, April 14, 2021 at 4:00 p.m. MEETING MINUTES OF APRIL 14, 2021 Present: Community Preservation Committee (CPC) - Chair Faythe Ellis, Vice-Chair Sharon Marotti, Clerk Elizabeth Taylor, Roland Bassett, Bruce Evans, Paul Ruchinskas, Diane Pansire, Peggy Jablonski Absent: Barbara Burgo Also Present: Donna Kalinick, Assistant Town Administrator; Cynthia Bingham, Select Board Chair Faythe Ellis called the meeting to order at 4:00 pm and announced a quorum This meeting will be conducted by remote participation pursuant to Gov. 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. 1.Review of CPC Warrant Article Faythe said there were some changes made to the Article that was submitted. She went through each of them with the committee. She said administrative expenses and FY22 budgeted reserves were broken out on the first page. The Project Grid: the Historic Preservation category, the funding source has been changed to FY22 CPA estimated revenues; the same change on funding source under the Community Housing, Veterans Home, and Red Top Road Community Housing. For item D, the funding source for the Rental Assistance program is now $42,607 from FY22 CPA estimated revenues and transfer of $107,393 from Community Housing Reserves. Item 3 is Open Space CPA Category, the bonded debt service is under that and the funding source is FY22 CPA estimated revenues. Item 4 is the Category of Recreation – 4A is the dog park, funding source is FY22 CPA estimated revenues. Under set asides and expenses there is just a bit of a reorganization of the items. 4B is the Administrative Expense which we are allowed to use 5% of our annual revenues which comes from FY22 CPA estimated annual revenues for $62,356. The grand total of the CPC Warrant Article is $1,354,511 with those changes. Paul said these last minute changes on what was already voted on are somewhat disconcerting at this moment, and it seems a bit unnecessary. 2.Discussion and possible votes to amend CPC funding source in prior motions to approve the following projects: a.Stony Brook Mill Retaining Wall b.Housing Coordinator c.Veterans Home in Dennis d.Red Top Road Community Housing Approved: VOTE: Community Preservation Committee Minutes of April 14, 2021 Page 2 of 4 e.Brewster Dog Park f.Rental Assistance Program Faythe said this is important for us to do so that our funding sources are aligned with what goes in front of the voters. Motion to approve the $105,000 that we voted for the Red Top Road Community Housing Project and legal expenses to change the funding source from Budgeted Reserve CPA to FY22 CPA Estimated Annual Revenues. MOVED by Faythe Ellis. Seconded by Paul Ruchinskas. Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Peggy Jablonski - yes, Diane Pansire – yes, Chair Ellis - yes VOTE 8-yes 0-no Motion to recommend approval of the $52,500 award for the Veterans Home in Dennis and associated legal expenses to change the funding source from the Housing Fund to FY22 CPA Estimated Annual Revenues. MOVED by Peggy Jablonski. Seconded by Roland Bassett. Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Peggy Jablonski - yes, Diane Pansire – yes, Chair Ellis - yes VOTE 8-yes 0-no Motion to amend the motion made on January 29, 2021 for $125,000 for the Stony Brook Mill Retaining Wall Reconstruction to change the funding source from Historical to FY22 CPA Estimated Annual Revenues. MOVED by Elizabeth Taylor. Seconded by Roland Bassett. Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Peggy Jablonski - yes, Diane Pansire – yes, Chair Ellis - yes VOTE 8-yes 0-no Motion to amend the motion made to approve the Brewster Rental Assistance Program on January 29, 2021 to amend the funding source from the Budgeted Reserve to the following: $42,607 from FY22 CPA Estimated Revenues and $107,393 from Community Housing Reserves. MOVED by Elizabeth Taylor. Seconded by Roland Bassett. Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Peggy Jablonski - yes, Diane Pansire – yes, Chair Ellis - yes VOTE 7-yes 0-no Paul recused himself from this vote. Motion to amend the motion made on February 24, 2021 to approve funding for the Brewster Dog Park of $185,000 and the motion would amend the funding source from Budgeted Reserve to FY22 CPA Estimated Annual Revenues. MOVED by Roland Bassett. Seconded by Sharon Marotti. Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Peggy Jablonski - abstain, Diane Pansire – yes, Chair Ellis - yes VOTE 7-yes 0-no 1-abstain Community Preservation Committee Minutes of April 14, 2021 Page 3 of 4 Motion to amend the funding source for the Housing Coordinator Project made on February 10, 2021 to change from Housing to FY22 CPA Estimated Annual Revenues. MOVED by Diane Pansire. Seconded by Roland Bassett. Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Peggy Jablonski - yes, Diane Pansire – yes, Chair Ellis - yes VOTE 8-yes 0-no 3.Brewster Woods Project update Donna Kalinick gave an update to the Committee. She included the most recent quarterly report given to the State. In terms of the work itself, everything has gone really well at the site. They are about 63% of the way through the Phase One site work. There was a little snafu due to the power being brought to the site from Eversource. We intervened as the Municipality to try to get it moving smoothly. Unfortunately, the bill to connect and bring power to the site, it was almost $400,000 which was a shock to all of us. After a series of meetings with Eversource, they revised their design and put some of their infrastructure upgrades on to their Capital Plan. $165,994 was the revised amount. Our local representative from Eversource was helpful in this situation. It is a lot more than what was budgeted. There will be a change order from the site contractor to make the revised changes. That will cost about $200,000. When we opened bids, we were able to accept all of the add alternates, and we have had some change orders to date but they have been fairly reasonable and some favorable. Basically, we are going to come very close to using every dollar we have which is the $1.68M from MassWorks and the CPC match piece of $295,000 which totals $1,975,000 on hand. We are hopeful MassWorks will cover the Eversource part of this. A good part of the CPC funds have been used for paying Coastal Engineering, but we will be getting into some of the actual infrastructure costs with the other portion of the CPC match. We are getting to the finish line. Donna Kalinick went on to discuss the legal bills for this project. At the time this award was made, the CPC did not add additional funds for this purpose. So these legal bills are coming out of CPC Administrative funds. If the CPC has the capacity, the remaining bills would be best to come out of the Administrative funds as well. Faythe and Donna Kalinick agree we will need to work closely on these bills to make sure to stay within the funds available. 4.Approval of minutes from March 31, 2021 Faythe has one edit – page 2 para 3, the word cue/queue. Paul had one edit ½ way down first $75K as assistance, not Federal Assistance. Motion to approve the minutes from 3/31/2021 as amended. MOVED by Roland Bassett. Seconded by Diane Pansire. Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Peggy Jablonski - yes, Diane Pansire – yes, Chair Ellis - yes VOTE 8-yes 0-no 5.Project updates Faythe said the Award letters have gone out to our projects, and applicants will have them this week. Community Preservation Committee Minutes of April 14, 2021 Page 4 of 4 Historical Commissions Form B project is on track for completion in about a month or so. They have the library display case for May, and we are going to spotlight the Form B project there. The Cape Rep Barn Project, we are getting ready for submitting invoices for payout on that. She will come in to speak to the committee on that in the next couple of meetings. Faythe included an update from Jill Scalise in the packet and included the power point deck from the Local Preference Fair Housing Forum last month. Paul said he did make the Fair Housing presentation - it was extremely helpful and useful. It was a terrific job. Kudos to Donna and Jill on that. 6.Announcements Faythe said the Brewster Community Network has put the Dog Park on their agenda. She and Sharon will attend that evening. Donna said Brewster will be the lead community for the next Housing and Childcare grant applications. We feel strongly that there is about a 3-5 year back log for people who need these rehabilitation funds in this Community. The childcare vouchers being include is an important piece particularly with what has happened within the last year. Town Meeting is May 15th. We should have a lot of guidance documents coming out soon. We have a CPC Project at that location right now, but they will pause for about 5 days so we can make sure Town Meeting goes smoothly. 7.Items the Chair could not anticipate – none 8.Next meeting dates: 4/28/21 at 4pm MOTION made by Diane Pansire to adjourn the meeting at 4:43 pm. Peggy Jablonski second. Roll Call Vote: Bruce Evans – yes, Elizabeth Taylor – yes, Paul Ruchinskas – yes, Roland Bassett – yes, Sharon Marotti – yes, Peggy Jablonski - yes, Diane Pansire – yes, Chair Ellis - yes VOTE 8-yes 0-no Respectfully submitted, Beth Devine, Recording Secretary Packet of additional documents available on website for public review. CPA Match info DOR Issues Estimate for Fall 2021 CPA Trust Fund Distribution POSTED ON: APRIL 14, 2021 - 4:12PM The Department of Revenue (DOR) has released its CPA estimate for municipalities, projecting a 32.3% base match for the November 2021 first round CPA Trust Fund distribution. How should communities use this information to prepare their FY22 CPA budget? Communities with a local surcharge LESS THAN 3%: When preparing their FY22 CPA budget, these communities should use the 32.3% figure to estimate their November 2021 trust fund distribution. To calculate the dollar figure for your community's estimated trust fund distribution, multiply your FY21 estimated local revenue by 32.3%. Cities and towns with a local surcharge of 3%: In addition to the 32.3% match on round one, these communities will receive additional funding in rounds two and three of the CPA Trust Fund distribution (called the "equity" and "surplus" rounds by DOR). Consult with your DOR field representative, municipal finance officials, and/or the DOR Databank for assistance with estimating your total FY22 trust fund revenue. For additional information regarding the CPA budget process, click here to read our technical assistance article. Full Text of the November 2021 CPA Projection from the MA Department of Revenue FY2022 Community Preservation State Match - April 15, 2021 The Division of Local Services (DLS) has projected the first round CPA state match at 32.3% for FY2022. This match percent is based on projected FY 2021 local surcharge commitments of $187.2 million with 177 communities eligible for a state match. We expect a state trust fund balance of $75.5 million to be available in November of 2021. Trust fund revenues are generated by real estate transactions as recorded at the Registry of Deeds. Our projected balance is based on trends in revenue reporting to the MA Department of Revenue over the last twelve months. If actual revenue collections result in a material change, DLS will revise the estimated first round state match and an update will be released in our City and Town E-Newsletter.