Loading...
HomeMy Public PortalAboutCPC Packet 041322Town of Brewster Community Preservation Committee 2198 Main St., Brewster, MA 02631 cpcmeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA April 13, 2022 at 4:00 PM (Remote Participation Only) This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. 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 Sarah Robinson Vice Chair Sharon Marotti Treasurer Elizabeth Taylor Clerk Roland Bassett Jr. Christine Boucher Bruce Evans Peggy Jablonski Paul Ruchinskas CPC Assistant Beth Devine 1.Call to order 2.Meeting participation statement 3.Declaration of a quorum 4.Financial update 5.Updated committee member listing 6.Article 14 Summary information 7.Discussion of preparation for May 14 Town Meeting 8.Discussion of 5 Year CPA Plan/website information 9.Project Updates 10.Approval of Minutes from 3/23/22 11.Matters Not Reasonably Anticipated by the Chair 12.Announcements 13.Next meeting: 4/28/22 at 4 PM 14.Motion to adjourn Date Posted: Date Revised: 4/11/22 Community Preservation Committee: FY23 Forecast as of 11/15/2021 2,029,247.99$ 1,144,558.05$ 286,139.51$ 1,430,697.56$ 3,459,945.55 50%10%10% Open Space Housing Historical $ 1,291,223.53 $ (0.25) $ 454,981.84 $ 475,442.87 $ 715,348.78 $ 143,069.76 $ 143,069.76 $ 429,209.27 $ 2,006,572.31 $ 143,069.51 $ 598,051.60 $ 429,209.27 $ 475,442.87 Open Space Housing Historical "30%" $ (51,075.00) $ (98,000.00) $ (47,583.00) (71,534.88) - Requests for Spring 2022 TM (Approved ) Housing Coordinator (66,900.00) Pennrose CC Five Development (105,000.00) Lower Cape Housing Institute (15,000.00) Digitization of Ellen St. Sure Collection (22,616.50) Total YTD Obligations - FY23 $ (196,658.00) $ (81,900.00) $ (22,616.50) $ (176,534.88) $ - $ 1,809,914.31 $ 61,169.51 $ 575,435.10 $ 252,674.39 $ 475,442.87 Total net available from all accounts Plus Additional Funds from FY22 State Match 208,062.75$ 41,612.55$ 41,612.55$ 124,837.65$ Projected Balance with Additional Match 2,017,977.06 102,782.06 617,047.65 377,512.04 475,442.87$ FY-22 Estimated total balance forwarded [1]: FY-22 Estimated local tax revenue: FY-22 Estimated State contribution [2]: Total FY-22 Estimated funds available: Bates Property Bond Budgeted Reserved for CPA Undesignated Fund Balance FY-22 Actual Unreserved Fund Balance with Original Match(4) FY-23 Estimated revenue FY-23 Estimated Funds available FY-23 obligations as of 11/15/2021 BBJ Property Bond #1 BBJ Property Bond #2 FY23 Estimated Unreserved Fund Balance as of 11/15/2021 with Adjustments Administration Expense [3] [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 25% [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 $4,350 state Coalition dues. (4) Iincludes State Grant of 192,400 for McGuerty Road purchase Received in FY22 BONDSBONDS DOR Announces Estimate for November 2022 CPA State Distribution As we reported in last month's issue of CPA Update, the MA Department of Revenue has been working on their annual estimate for the upcoming CPA Trust Fund distribution. This morning, DOR announced their projection of a 35% base match for the November 2022 first round CPA Trust Fund distribution. How should communities use this to finalize their FY23 CPA budget? Communities with a local surcharge LESS THAN 3%: When preparing their FY23 CPA budget, these communities should use the 35% figure to estimate their November 2022 trust fund distribution. To calculate the dollar figure for your community's trust fund distribution, multiply your FY22 estimated local revenue by 35%. Cities and towns with a local surcharge of 3%: In addition to the 35% match on round one, these communities will receive additional funding in rounds two and three of the CPA Trust Fund distribution. Consult with your DOR field representative and/or your municipal finance officials for assistance with estimating your total FY23 trust fund revenue. For additional information regarding the CPA budget process, click here to read our technical assistance article. Last Year's Base Match was 43.8% - Why is the 2022 Projection Lower? While a projection of 35% is certainly a healthy figure for the CPA Trust Fund, comparing data from last year indicates that 2021 may have been a "high-water mark" for the near future. There are three major factors that play into this projection: 1) The primary reason for a lower projection in 2022 is because of a decline in monthly CPA revenue from the state's Registries of Deeds. Collections for the CPA Trust Fund in recent months have trended about 12% lower than last year on average. 2) There are also 10 new CPA municipalities that will be eligible for their first match in 2022. While these communities are mostly comprised of small towns and mid-sized cities, it will still have a impact on the total amount of funding available this year. 3) And finally, the CPA Trust Fund received $10 million in state budget surplus funding last year. This supplemental funding is what ultimately raised the base match above the 40% level. The Coalition is working closely with the Legislature for this funding to be included again this year. However, budget surplus funds are not finalized until the fall, so they are never included in DOR's estimates. 04/13/22 rev. COMMUNITY PRESERVATION COMMITTEE- FY 2023 Cindy Bingham- Select Board Liaison cbingham@brewster-ma.gov Beth Devine – Committee Assistant bdevine@brewster-ma.gov Name/Address Contact Info Represents Term Expires Faythe Ellis, Chair 95 Rocky Hill Road Brewster, MA 02631 E H C Faythe.Ellis@outlook.com 508-896-9937 508-680-6487 Historical Commission Delegate 2022 Sarah E. Robinson, Vice-Chair 230 Holly Ave Brewster, MA 02631 E C W robinsonfinancialsolutions@ comcast.net 508-237-4800 508-240-1056 Citizen Representative 2024 Sharon Marotti, Treasurer 61 Paddock Way Brewster, MA 02631 E H C sharonmarotti@gmail.com 508-896-6812 508-241-0828 Citizen Representative 2022 Elizabeth Taylor, Clerk P.O. Box 1774 Brewster, MA 02631 E W C etaylor@brewster-ma.gov 508-896-3701 EXT 1149 774-216-1659 Planning Board Delegate 2023 Roland Bassett, Jr. 10 Bassett Lane Brewster, MA 02631 H W 508-896-5615 508-896-3701 x 1127 Recreation Commission Delegate 2022 Paul Ruchinskas 10 Bog Pond Road Brewster, MA 02631 E H C pjruch@comcast.net 508-896-5671 508-246-7341 Citizen Representative 2024 Bruce Evans 69 Nanumet Drive Brewster, MA 02631 E H nanumetbruce@gmail.com 508-896-9045 Conservation Commission Delegate 2022 Christine Boucher 164 Main St. Brewster, MA 02631 E C cb.bb.boucher@gmail.com 978-273-3164 Housing Authority Delegate 2024 Peggy Jablonski 107 Crescent Lane Brewster, MA 02631 E H pegjab@gmail.com 919-923-6034 Citizen Representative 2024 ARTICLE NO. 17: To see if the Town will vote to amend the General Bylaws, Section 17, to delete Sections 17-4 and 17-5 in their entirety, with such revision to take effect on July 1, 2023, as follows: Section 17-1. Membership of the Committee – There is hereby established a Community Preservation Committee, consisting of nine (9) voting members. pursuant to the provisions of Section 298 of Chapter 149 of the Acts of 2004, as amended by Sections 129-133 of Chapter 352 of the Acts of 2004. The composition of the Committee, the appointing authority and the term of office for the committee members shall be as follows; one member of the Conservation Commission, as designated by said Commission; one member of the Historic District Commission, as designated by said Commission; one member of the Planning Board, designated by the said Board; one member of the Recreation Commission, as designated by the Commission; one member of the Brewster Housing Authority, as designated by said Authority; and four individuals to be appointed by the Board of Selectmen. Each member of the Committee shall serve a term of three years or until the person no longer serves in the position or on the board or on the committee as set forth above, whichever is earlier. Should any of the officers and commissions, boards or committees who have appointing authority under this bylaw be no longer in existence for whatever reason, the Board of Selectmen shall appoint a suitable person to serve in their place. Any member of the committee may be removed by the Selectmen, with prior notice to the member and a hearing, for good cause. Section 17-2. Duties – The Community Preservation Committee shall study the needs, possibilities and resources of the town regarding community preservation. The Committee shall consult with existing municipal boards, including the Conservation Commission, the Recreation Commission, the Historical Commission, the Planning Board, the Department of Public Works, and the Housing Authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the committee shall hold one or more public informational hearings, at its discretion, on the needs, possibilities and resources of the town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the town. Section 17-3. The Community Preservation Committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space, for the acquisition and preservation of historic resources, for the acquisition, creation and preservation of land for recreational use, for the creation, preservation and support of community housing and for rehabilitation or restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided in this section. Section 17-4. In every fiscal year, the Community Preservation Committee shall recommend that Town Meeting spend, or set aside for future spending, the fixed figure of fifty (50%) percent of the net annual revenues in the Community Preservation Fund for open space purposes, not less than ten (10%) percent of the net annual revenues for community housing purposes, and not less than ten (10%) percent of the net annual revenues for historic resources purposes. In every fiscal year, the Community Preservation Committee shall recommend that Town Meeting spend or set aside for future spending the remaining thirty (30%) percent of the net annual revenues for community housing, recreation and historic resources purposes, but not for open space purposes. Notwithstanding the foregoing, the net annual revenues paid into the Community Preservation Fund shall be dedicated to open space purposes until such time as prior appropriations made pursuant to the so-called Land Bank Act have been fully expended, even if the aggregate amount of such expenditures exceeds 80% of the annual revenues. Section 17-5. Provided that the Community Preservation Act is accepted at the 2005 Annual Town Election, this section shall take effect upon approval by the Attorney General of the Commonwealth of Massachusetts and after all the requirements of Mass. Gen. Laws, ch. 40, § 32 have been met. Each appointing authority shall have thirty (30) days after the effective date to make its appointments. or to take any other action relative thereto. COMMENT In May of 2005, Brewster voters adopted the Community Preservation Act (CPA). The Act appropriates a 3% surcharge on the Town’s real estate tax revenues, which are reserved in a special fund to finance projects and programs for the purposes of preservation of open space, recreation, community housing, and historic preservation. The state distributes matching funds, which vary from year-to-year. Since 2005, CPA funds have supported about 70 community preservation projects in Brewster. These initiatives have included capital improvements, land acquisitions, assistance programs, as well as various plans and studies. At the time of adoption, Brewster established a unique allocation formula for these funds, as outlined in Section 17 of the Town bylaw: 50% for open space, 10% for community housing, and 10% for historic preservation. The 30% balance has been available for housing, historic preservation, and/or active or passive recreation projects. The primary reason for this customized approach was that Brewster, like many other Cape towns at the time, was converting funding balances and financial obligations from the Cape Cod Land Bank and wanted to maintain its capacity to finance open space purchases. As required by statute, the Community Preservation Committee (CPC) annually holds a public hearing to identify and discuss upcoming community needs and planned projects. In recent years, it became increasingly apparent that anticipated CPA requests would outpace available funds. In May 2021, Town Meeting approved funding to develop a 5 Year Community Preservation Plan (CPP). Since then, the CPC has worked with a consultant to study existing Town plans, quantify anticipated funding requests, and solicit stakeholder and resident input. 31 As a result of this analysis, the CPC recommends modification of the Town’s bylaw to follow the statutory distribution formula that all but one other municipality currently have in place: 10% for open space and recreation, 10% for community housing, and 10% for historic preservation. The CPC determined that the statutory formula allowed the most flexibility to respond to expected funding requests and any new requests that may emerge from the former Sea Camps properties planning processes in the next few years. If approved, this change would take effect in July 2023, allowing a full fiscal year to make this transition. At the same time, the CPC has developed and adopted a CPP that establishes target allocations for each of the eligible uses of CPA funds beyond the baseline statutory disbursements that will inform their policy decisions in vetting projects in the next five years. Town Meeting will continue to have final approval authority over expenditure of all CPA funds. BREWSTER COMMUNITY PRESERVATION GRANT QUARTERLY PROJECT STATUS REPORT Name of CPA Recipient: Habitat for Humanity of Cape Cod, Inc. Quarter Ending Date: March 31, 2022 Project Title: Brewster Red Top Road Community Housing Project Representative/CPC Contact Name: Elizabeth (Beth) Hardy Wade, Director of Land Acquisition Address: 411 Main St., Suite 6A, Yarmouth Port, MA. 02675 Telephone Number: 508-362-3559 x 24/207-930-5918 cell Email: land@habitatcapecod.org Amount: $100,000 # of Homes: 2 Project Status: Permitting: The Town Clerk stamped ZBA decision was recorded at the Barnstable County Registry of Deeds on January 24, 2022: BK 34849, PG 19; Subdivision Plan at: PB 694 PG 44. Habitat closed on the donation of the two lots from Beth Finch on February 28,2022. Deed for transfer of property at: BK 34935 PG 265. The Regulatory Agreement has been reviewed by Brewster Town Attorney and once approved by Habitat’s Attorney will be sent to DHCD for final review. We expect to have a document approved for signatures within the next month. Infrastructure: 0% Complete: Of note, the start of the Red Top Road project is tied to the installation of Town Water on Red Top Road. We will coordinate the start of our infrastructure to a firm start date for the water installation project. Construction: 0% Complete: Our tentative plan for wall-raisings remains for July 2023, with a 12-month construction period. Volunteers: Fundraising: Private fundraising continues in its outreach to foundations, private individuals, and faith- based & community organizations. To date, we have secured two home-sponsorship pledges for $50k each. CPC approved a $100k grant. We will request funds from FHLBB with submission of an application in August 2022, with a response due from FHLBB in December 2022. Homeowners: A date for family applications has not been determined. Marketing for the applications generally occurs 5 or 6 months prior to wall raising. Events/Press: Project Timeline/Schedule: We will be meeting with the building department sometime in April. And pending our discussion with the department, and in consultation with the Water Department and BOH, we hope to begin some infrastructure this spring/summer (2022). Issues/Comments/Concerns: None at this time. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Memorandum Date: March 29, 2022 To: Rollie Bassett, CPC liaison to the Brewster Whitecaps/Stony Brook Elementary Project From: Donna Kalinick, Assistant Town Administrator RE: Financial Information and Closeout of the Project Town meeting voted $425,000 of CPC funds to support the Whitecaps/Stony Brook Elementary School facility upgrades. The Town entered a contract with JM O’Reilly in the amount of $8,500 to design and oversee the project. The Town went out to bid and awarded a contract to Lawrence Lynch in the amount of $455,589.00. The Brewster Whitecaps pledged the difference between the contracts and the CPC funding with some contingency. The project was substantially completed in the Spring of 2021 prior to the season starting. Some finish work and punch list items were completed in the fall of 2021. Public Works and Town Administration worked in conjunction with the Whitecaps to complete the upgrades. Lawrence Lynch was paid a first pay requisition of $342,305.00 and there was one change order credit in the amount of ($2,287.60). JM O’Reilly has been paid $7,437.50 to date. A final payment in the amount of $110,996.40 is in progress to Lawrence Lynch. The balance was split between CPC funds $74,195.00 and Whitecaps donation of $36,801.40. There was $1062.50 remaining in the CPC article which is the balance due to JM O’Reilly. We received a final invoice from him this week which will be paid on the next warrant. We thank everyone involved. The facility improvements greatly improved the ball field experience and made improvements to the accessibility of the site. CC: Griffin Ryder, Public Works Director; Chuck Hanson, Brewster Whitecaps liaison Office of: Select Board Town Administrator From: Chris Miller Sent: Thursday, April 7, 2022 12:41 PM To: Faythe Ellis Subject: RE: Request for quarterly update on Mill Site Wall CPC project Hi Faythe, The engineer is completing the final design plans for the wall repairs. They are also working up design plans for modifications to the weirs north of the road that will optimize fish passage with less damage to the fish. We have a proposal from the engineer to complete the required permitting. We are evaluating that proposal and funding sources and expect to authorize the work soon. Construction is still planned for fall 2022. Chris Community Preservation Committee Minutes of March 23, 2022 Page 1 of 3 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 COMMUNITY PRESERVATION COMMITTEE Virtual Meeting Wednesday, March 23, 2022, at 4:00 p.m. MEETING MINUTES OF MARCH 23, 2022 Present: Community Preservation Committee (CPC) - Chair Faythe Ellis, Vice-Chair Sarah Robinson, Treasurer Sharon Marotti, Clerk Elizabeth Taylor, Roland Bassett, Bruce Evans, Paul Ruchinskas, Christine Boucher, Peggy Jablonski Absent: Also Present: Cynthia Bingham, Select Board; Jamie Shalvey, JM Goldson Chair Faythe Ellis called the meeting to order at 4:01 pm and announced a quorum. This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. 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.Discussion and possible vote on 5 Year CPA Plan Faythe said we are ready to talk about the 5 Year CPA Plan and she is hoping today to talk about any final edits to the document and possibly have a motion to adopt the documents with final edits and to adopt the 5 Year Plan within it. She asked for any edits from the Committee. Paul went through his thoughts on editing the Plan document. Faythe then went through some edits that she would like made as well and asked about including the focus group summaries. Additionally, she said she does not think we should include the application in the Plan because they change yearly. Paul agreed. Elizabeth went through her suggested edits on the Open Space portion of the plan as well. The Committee discussed all suggested edits thoroughly, and Jamie Salvey will make all those decided upon. Paul thanked Faythe for all the work and time she has put into this project to make it happen. The Committee agreed. Motion to approve the document with the edits we just agreed to and to adopt the 5 Year Plan within it. MOVED by Roland Bassett. Seconded by Sarah Robinson. Roll Call Vote: Bruce Evans – yes, Sharon Marotti – yes, Peggy Jablonski – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sarah Robinson – yes, Christine Boucher – yes, Chair Ellis - yes VOTE 9-yes 0-no 2.Summary of Finance Committee and Select Board Presentations Approved: VOTE: Community Preservation Committee Minutes of March 23, 2022 Page 2 of 3 Faythe said during the Finance Committee Meeting, there was a bit of discussion about the Pennrose project. Questions were asked about the local preference and then the turnover at Nauset Green and what they are experiencing there. Faythe included the follow-up information from Rio from Pennrose in response to those questions. They ended up voting unanimously. There was some new information that came out from the questions asked, going back and forth with what local preference means if coming from Brewster. If they work in Orleans, have a child that goes to either Orleans Elementary or Nauset Regional Middle School, or if you have a child in Nauset Regional High School who is not graduating that year, that will fall under the category of local preference. Donna Kalinick and Jill Scalise reached out to DHCD to confirm. That is good news for us. Sarah said that was significant for the Town. Faythe continued that she did a presentation about the Plan as it relates to Article 14, which is going to ask the Town to approve moving to the Statutory Formula. This got unanimous approval as well. Faythe did the same two presentations at the Select Board Meeting, and they voted unanimously for both. Paul asked about the wording that Peter Lombardi suggested adding to the Article to reflect something about the Plan. Faythe answered she just got a draft today and said that had to be finalized pretty quickly and will share with Sarah for editing. Now that we have voted, she can firm up that sentence that says we have adopted the Plan. Christine asked about the 30% allocation for Housing. If Brewster allows for secondary housing on private property – is there allocation from the CPC to support that, or is that separate? Faythe answered that we look for an application submitted by the Housing Partnership or Housing Trust, and it would have to meet CPA requirements. Paul said that typically CPA would require a deed restriction and thinks that would be problematic for CPA funding. 3.Discussion of committee meeting format – April and May The Committee deliberated on the three options on the table – hybrid, in person, or Zoom - and decided to keep the Zoom format for the next two months. 4.Project Updates Elizabeth said the Crosby Mansion Manager resigned in November, and they have not replaced him yet, so there is no movement. Faythe mentioned getting some photos taken to be sent to Eric Drey. Bruce said they have hired Barrett Consulting for the Housing Production Plan update. There is a survey out online and at the Library. They would like as many people as possible taking that survey. Faythe said the Historical Commission has been working diligently to get all of the documentation into the library of the house histories and the form B’s. More on that at our next meeting. 5.Approval of Minutes from 3/2/22 & 3/9/22 Motion to approve the Minutes of 3/2/22 & 3/9/22 as presented. MOVED by Elizabeth Taylor. Seconded by Bruce Evans. Community Preservation Committee Minutes of March 23, 2022 Page 3 of 3 Roll Call Vote: Bruce Evans – yes, Sharon Marotti – yes, Peggy Jablonski – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sarah Robinson – yes, Christine Boucher – yes, Chair Ellis - yes VOTE 9-yes 0-no 6.Matters not reasonably anticipated by the Chair- none 7.Announcements Faythe announced that as part of a Mill Sites update, there were 3 fish reported in the brook yesterday and the counter went in today if anyone wants to drive by and see what’s happening there. 8.Next meeting: 4/13/22 & 4/27/22 at 4PM MOTION made by Bruce Evans to adjourn the meeting at 4:54 pm. Sharon Marotti second. Roll Call Vote: Bruce Evans – yes, Sharon Marotti – yes, Elizabeth Taylor – yes, Peggy Jablonski – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sarah Robinson – yes, Christine Boucher – yes, Chair Ellis - yes VOTE 9-yes 0-no Respectfully submitted, Beth Devine, Recording Secretary Packet of additional documents available on website for public review.