CITIZENS ADVISORY COMMITTEE

Meeting Minutes

February 6, 2002 Portsmouth City Hall 5:15 p.m.

Present: Robert Layton, Chairman; Cicero Lewis; Dani Rooney; Nancy Emerson; Jean Pecunies; Peter Rice; William Thorpe; and Russ Van Billiard.

Absent: Vern Gardner; Lynne Langley.

Staff: Cindy Hayden, Community Development Director, Karen Jacoby and Nancy M. Carmer, Community Development Program Managers

Chairman Layton opened the meeting at 5:15 p.m. and asked for a motion regarding the minutes of 12/6/01 and 1/23/02. Mr. Lewis moved to approve the minutes of 12/6/01. Ms. Rooney seconded the motion, which passed unanimously. Chairman Layton asked for a motion regarding the minutes of 1/23/02. Mr. Van Billiard suggested an amendment to clarify a date on page one and then moved to approve the minutes as amended. The motion was second by Jeanne Pecunies and passed unanimously.

Mr. Layton turned the meeting over to Community Development Director Cindy Hayden to provide an overview of revisions to the Citizen Participation Plan. (Note: Ms. Emerson arrives)

Ms. Hayden distributed the most recent HUD income eligibility guidelines by family size, as well as an updated list of CAC addresses. Ms. Hayden then asked CAC members to refer to the re-draft of the Citizens Participation Plan that had been provided to them for their consideration. She said that most of the revisions to the plan were editorial in nature and included modifying the language to be consistent with current HUD reporting requirements, terminology, etc. Ms. Hayden also said that the relocation plan, which had been a separate document, is now incorporated as part of the re-drafted Citizen Participation Plan. She said she would like to draw their attention to one substantive change relative to the definition of "substantial amendment." The current Citizen Participation Plan states that increases in a project budget line item in excess of $10,000 are subject to a minimum 7-day public notice period and public hearing. The proposed definition of "substantial amendment" is such that the 7-day public notice and public hearing process would be triggered if a project budget line item increased by $10,000 or 10% of project cost, whichever is greater. The rationale behind this proposed definitional change is to avoid delaying project progress. Ms. Hayden gave the example of the Kearsarge Way project, a $500,000+ project. An unanticipated project cost of as little as $11,000 (2% of total project) could have occurred while that project was underway (for example, encountering ledge), and delayed project progress for up to 10 days while the public notification and hearing process took place. Ms. Hayden said staff felt 10% of the cost of any particular project was a more reasonable value. She pointed out that a substantial amendment is also triggered if a new project is proposed, and that would remain the same in the re-drafted policy.

A discussion ensued in which it was explained that there are no set HUD guidelines on this subject. HUD leaves policymaking regarding the definition of "substantial" change in a project budget to the discretion of each community. Ms. Jacoby said before drafting the amendment, she reviewed the policies in several other communities.

Page Two

Mr. Rice asked if there might be a way to simplify the process through language in the bid document and contract. Without more thoroughly reviewing the City’s standard bid, Ms. Hayden was unsure that suggestion would actually simplify the process.

Mr. Lewis said he wanted to be sure that, regardless of whether a substantial change occurs, any significant change in a CDBG-funded project budget is discussed with the CAC. Ms. Hayden assured the CAC that is the current practice and it will continue.

Mr. Rice moved to adopt the updated Citizen Participation Plan. Ms. Emerson seconded the motion and it passed unanimously.

Ms. Jacoby initiated the next agenda item by distributing copies of the criteria established last budget season for selecting the public service agency grantees, as well as the Public Service Grant Application. She stated that they were being provided for informational purposes. Ms. Jacoby discussed the elements of the application and noted that the CAC receives only "Part A : Summary Information," in their grant review packages, yet she felt it was important for the CAC to see what other information the applicants must provide. The applications went out in early January and are due February 22^nd. The CAC has a schedule of the March 2002 meetings in which the applicants will present proposals.

Ms. Emerson asked if the CAC had resolved the issue that arose last year regarding eligibility of agencies submitting applications for multiple programs. Ms. Jacoby said the CAC made no specific decision regarding this matter last year, and cited the Prenatal Clinic and the YMCA as examples of agencies that have more than one eligible program. Mr. Lewis said he remembered that the CAC had resolved not to fund programs that are redundant, but rather to choose the agency that is more effective at program delivery.

Ms. Hayden moved on to the next agenda item regarding the FY '02-'03 CDBG budget. She distributed copies of potential projects suggested for funding at the December 6, 2001 and January 23, 2002 CDBG public hearings as well as other projects brought to staff attention. She said the purpose of the handout was for general discussion and to provide direction to staff on which projects to investigate further between now and the next CAC budget meeting in April.

Ms. Hayden went down the list of proposed projects (attached) giving an overview of each. She told the CAC that if they decide to fund the multi-year programs such as housing rehab, residential accessibility, public service grants, program administration (salaries), etc., there would be approximately $400,000 left to allocate to new projects. She noted that next year is the final year of payments on the Osprey Landing project.

With regard to Big Rock Park, Ms. Hayden said the plans are currently being finalized and associated cost estimates developed. She said it was her hope that between the funding in the project line item ($43,000) and general contingency funds, the project could be fully funded in the current fiscal year. However, she said we will not know for sure until the project goes out to bid early next month. She pointed out that this project had been delayed by roughly two years due to the need to resolve issues with abutters. This, combined with the need to provide additional buffering between the park and proposed abutter driveways, was expected to increase project costs. CAC members seemed to concur that funding this project was a high priority, and Ms. Hayden said she would keep members apprised as the bid process proceeds.

Page Three

With regard to another phase of streetscape improvements in Atlantic Heights, Ms. Hayden reminded members that this is no small undertaking from a financial standpoint. She reminded the CAC that Falkland Place and the portion of Kearsarge Way improved to date, had cost approximately $515,000 not including engineering and design.

Ms. Hayden said the neighborhood has requested two additional benches for Hanscom Park so that residents will have a shaded place to sit in this park.

With regard to Hislop Park, Ms. Emerson said she felt a design plan was needed prior to funding improvements since the cost estimates would be developed as part of the park design process. Ms. Emerson also said that in funding the Kearsarge Way streetscape improvements following the income survey determination that Atlantic Heights was eligible, she felt the CAC had made a multi-year commitment that they should follow through with.

Mr. Lewis pointed out that the neighborhoods desire to purchase the lot on Falkland Place for a central bus stop was driven by safety concerns. Ms. Hayden said that when the CAC considered this proposal approximately one year ago, she thought the lot had been on the market for approximately $80,000.

Ms. Pecunies said she felt the CAC should address the relatively low cost items that had been raised such as the electrical outlet in Maynard Park, and the additional benches for Hanscom Park.

Consensus appeared to exist among CAC members that the proposal to raise the bridge over South Mill Pond was not CDBG eligible.

There was general support expressed by CAC members for partial CDBG funding for the development of senior housing in the 1895 building adjacent to City Hall. This project is a partnership between the City and the Housing Authority. Ms. Hayden said it was anticipated that approximately $150,000 in CDBG gap funding would be needed, but this expense would not be incurred until FY '03-'04. She said the intent is that this would be a 0% loan repayable from the project cash flow. CDBG funds would increase the city’s chances of receiving NH Housing Financing Authority tax credits for the project. The 1895 project will not come up until the FY ‘03/’04 CDBG budget so it is not competing for CDBG dollars this year. Ms. Emerson pointed out that the Section 108 loan payment in this upcoming fiscal year will be the last one and that, given this, next fiscal year for the 1895 building project would be very good timing.

Ms. Hayden said the City will be replacing the Woodbury Avenue sidewalk this summer from the Market Basket intersection to the Interstate. She said there is currently no funding to provide sidewalks from the Betty's Dream facility, which houses many disabled residents, up to Woodbury Avenue. Ms. Hayden said there are slope and other issues to consider and that the CAC might want to consider funding a feasibility study or preliminary engineering and design in the upcoming fiscal year. Ms. Pecunies said she felt sidewalk accessibility for the Betty's Dream facility was important.

Page Four

Ms. Hayden reminded CAC members that the owner of the 72 building is seeking funding for a lift or an elevator to access the area of the building used for public purposes. CAC members indicated they would like staff to do further investigation regarding the proposal to make accessibility improvements at the 72 building both in terms of what is specifically requested, the timing of other proposed building improvements, and the eligibility of such a project.

Ms. Hayden reminded the CAC that the Portsmouth Economic Development Loan Program (PEDLP) had essentially been self-funding for many years given the large numbers of loans provided in the 1980s. She said that many of those loans had now been repaid and, therefore, the annual income stream from loan repayments was dwindling. She said CDBG funding from the entitlement grant may be needed if the CAC wishes to continue making PEDLP loans.

Ms. Hayden also pointed out that many of the projects raised at the public hearing were in Atlantic Heights, however, the CAC could also consider funding projects in the other CDBG eligible neighborhoods including Osprey Landing, McDonough Street, and Cabot Street. She reminded CAC members that both McDonough Street and Cabot Street residents had voiced their desire at various times in the past to have streetscape improvements in their neighborhoods.

Ms. Hayden said that over the next month, staff would develop additional information about the projects discussed and have it ready for the CAC's next budget meeting in late March.

Ms. Hayden moved on to the last agenda item, Other Business. She provided information on two questions raised by members at previous meetings. She said that regarding the question of who paid for improvements to the access road to Osprey Landing, it was the developer. She also said that the City, as a donor town under the state education property tax, will send $3.7 million to Concord in FY '03.

Ms. Hayden and Ms. Carmer next provided an update on the Soldiers and Sailors Monument. Ms. Carmer reminded CAC members that this $138,000 project will restore this monument at its current height, rather than its original height which would be significantly more expensive.

Ms. Carmer said the conservators have been working this fall to further assess the statue. It has been acknowledged from the beginning of this project that, once an interior analysis of the piece was made, the scope and cost of the project might change. Ms. Carmer said the consultants have found excessive amounts of concrete inside the monument that will require additional work to remove and, subsequent to this, additional materials, engineering, and labor to re-stabilize the statute’s internal armature. It is likely that the additional cost for this work will constitute a "substantial amendment" as defined in the Citizen Participation Plan. As a result, a public hearing with the CAC will likely be scheduled for the last week in February. In addition, Ms. Carmer said that the renovations will be performed in such a manner that at some point in the future, the statue could be restored to its original height if additional funding were to be secured.

Ms. Hayden said staff were looking for direction from the CAC as to whether they would like to proceed to hold a public hearing to consider a budget amendment for the Soldiers and Sailors monument. CAC members indicated staff should proceed to call the hearing.

Hearing no further business, Mr. Layton adjourned the meeting at 6:45 p.m.

Respectfully submitted,

Nancy M. Carmer

Community Development Program Manager