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HomeMy WebLinkAbout1995-09-07 Reading Housing Authority Minutes - Executive SessionREADING HOUSING AUTHORITY Minutes of the Meeting of Executive Session of September 7. 1995 A regular Board meeting of the Reading Housing Authority was held on Thursday, Septembei 7, 1995 at 6:30 P.M. at the Town Hall, 16 Lowell Street in the Town of Reading, Massachusetts The Chairman, Reverend Robert K. Sweet, Jr., called the meeting to order. Those members present and forming a quorum were: Mr. Sweet, Mr. Reynolds and Mr. Allen. Ms. Plansky as also in attendance along with the Authority's attorney, Mr. Greco. Also in attendance was Mr. Paul Kelley and Mr. John Cootes from Reading Housing Partnership. Andrew Dolben from Bea Hill Limited Partnership appeared later in the meeting with his two attorneys, Mr. Latham an Mr. Ley. Upon a motion duly made by Mr. Reynolds and seconded by Mr. Allen, it was unanimously VOTED: To adjourn to Executive Session for the purpose of discussing real estate matters relative to the Bear Hill development and to return to regular session before adjourning, by the following roll call vote: Mr. Reynolds - aye Mr. Allen - aye Mr. Sweet - aye The Chairman then declared said motion carried and said vote in effect. Mr. Sweet updated the Board on the latest problems with the negotiations regarding the Bear Hill development and the "affordable" units. The issues at present are: * the Authority allowed some flexibility for the developer, which now has created problems; * the first layout plan was submitted to the Board in July 1995; * the original agreement from 1994 was changed unilaterally without consent from the Auth rity. Mr. Cootes and Mr. Kelley reviewed the position of the Partnership regarding the marketabilit) and lottery plan for the affordable units. The.Town Manager, Mr. Hechenbleikner, appeared at the meeting and gave the Chairman a of requesting that the Board meet with the Board of Selectmen without staff presence at 7:30 P M. Mr. Dolben and his attorneys joined the meeting at 7:15 P.M. The Chairman noted the changes in the plans and asked why the balcony doors and facades ei removed. Mr. Dolben responded that this could be changed back to include these amenities The Chairman asked what the problem was with the garages. Mr. Dolben stated that the first mention of the donated units to the RHA were to contain the garages was made in August 1 95. The Chairman asked if this was a problem and Mr. Dolben said it was not. Page 2 Minutes -Ex S 9/7/95 Mr. Dolben stated that the "Unit Addressing Plan could not be fixed. The Chairman said that it could be changed upon mutual consent. Mr. Dolben did not agree with this as the phased construction posed serious problems with marketing and he needed the flexibility. Mr. Allen asked if the phased construction would not pose the same problems with his market rate units and he would have to address this as well. Mr. Dolben asked the Board to provide a "Deed Restriction" for use with the "affordable" units. The Executive Director reported that she had contacted the Executive Office of Communities and Development (EOCD) requesting that this office approve a deed restriction that would run with the land under Massachusetts General Laws, Chapter 184, Sections 31 and 32 for units that are not constructed under Chapter 40B but are meant to keep them affordable in perpetuity. The Board and Developer agreed to insert language that would make the deed res -1-ion approved by the Authority, EOCD and the Reading Community Planning and Development Commission. The Chairman noted that the square footage for the 3 bedroom units was smaller than allowable under the State guidelines (1143 sq. ft Vs 1200 sq. ft.). Mr. Dolben stated that the square footage of the 3BR units was living space only and did not contain the area for the garage. This was acceptable to the Authority. At 7:35 P.M. the Board recessed to meet with the Board of Selectmen and asked that the staff and others join him at 7:45 P.M. in the Berger Room. Mr. Allen acted as Secretary pro -tem for the meeting between the Authority and the Board of Selectmen. The RHA joined the Board of Selectmen in the Berger Room at 7:35 P.M. Those members of the Board present were: Sally Hoyt, Chair, Bruce MacDonald, Camille Anthony and George Hines, who were also in Executive Session for the purpose of discussing real estate matters. The Chair of the Selectmen, Mrs. Sally Hoyt, asked the RHA if they had anything to state about the Affordable Housing negotiations with the Bear Hill Limited Partnership. Rev. Sweet, Chair of the RHA, made a statement about the negotiations and the lack of timely information, misunderstandings, changes in basis of previous negotiations and in general a chronology of the negotiations. Selectperson Camille Anthony expressed her concerns and also apologized for not properly followig up on her duties as Selectmen - liaison with the RHA. She will attempt to stay in closer contact with the RHA. 'Selectmen George Hines expressed concern at the RHA hard line, uncompromising, inflexible form of negotiations. Page 3 Minutes -Ex 9/7/95 Various members of the RHA explained that it was our wish to give the developer as much flexibility as possible in the process, which resulted in the problems at the end of the process. The Selectmen agreed that they would provide a liaison to RHA at any other negotiations whi may affect the Town in order to keep the Selectmen apprised of the state of any negotiations. At this point, the regular Secretary for the RHA appeared and took over recording the minutes the meeting. Respectfully submitted, Donald Allen, Secretary Pro -tern At 8:05 P.M. the Authority Board members met with the Board of Selectmen, Sally Hoyt, Cha Bruce MacDonald, Camille Anthony and George Hines along with Town Counsel, Mr. Cohen and Town Manager, Mr. Hechenbleikner. Also in attendance was the developer, Mr. Dolben, attorneys Ley and Latham, RHA Counsel, Mr. Greco, Ms. Plansky, Executive Director and Mr Kelley of the Reading Housing Partnership. The Board discussed the following issues: - balcony facades and balcony doors on each "A" style unit; - the four garages required would be designated two to the 3BR units for sale; and two to the RHA units - Board discussed the dates for the lottery guidelines and the prioritized list: agreed to dates of November 15, 1995 for guidelines and January 15, 1995 for prioritized list to developer. - Developer did not want to gain prior approval from RHA before substituting similar "affordable" units. Problem with lottery selection was discussed. Board agreed to allow the developer to substitute like style units with prior notice to RHA - Parties discussed mechanisms for conducting a lottery and the selection process. Mr. Kelley elt that they could work out conditions that would be acceptable to all. - Chairperson Hoyt discussed the Soft Second Loan Program and the other financing for first time homebuyers for this program. Due to the 100% of median income requirement, this development will not be eligible for Soft Second Loan Program, but other banking options arel available. - Due to the developer's financing, there needs to be flexibility in the sequencing of the construction, which poses a major problem with exact units and exact locations. - Exact unit layouts of "A ", "G" and "H" units must be provided as attachments to agreement. - Discussed the issue of garages in different buildings. Developer promised to look at this ag, Page 4 Minutes -Ex S 9/7/95 Upon a motion duly made by Mr. Reynolds and seconded by Mr. Allen, it was unanimously VOTED: To appoint Mr. Allen Secretary Pro -tem to act as recording secretary in the meeting between the Board of Selectmen and the Authority. The Chairman then declared said motion carried and said vote in effect. The Board adjourned from Executive Session at 9:15 P.M. to vote on the relevant issues before them with the Bear Hill development. There being no further business in Executive Session, it was unanimously voted to adjourn at 9:15 P.M. and to reconvene in regular session to take the appropriate votes. Respectfully submitted, Mar K. Plansky, Secretary and Executive Director