2023-05-17-CEC-min - Laserfiche WebLink

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Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting May 17, 2023 Page 2 of 4 (following completion of Tighe & Bond’s Stormwater Enterprise Fund Feasibility Report), September 2021, June 2022, and January 2023. Further outreach will be done. He said the Working Group’s Agenda for today’s presentation will include Background, Stormwater Enterprise Fund Overview, Customer Outreach Plan, Next Steps, and questions. The current Stormwater Program addresses both Operation & Maintenance as well as Capital elements. Every year the Town must report to the United States Environmental Protection Agency (EPA) on its compliance with elements of the MS4 in both areas— including on our Nutrient Control Program (NCP) which is the biggest and most costly with reducing Phosphorus levels in two of our three Watersheds—Charles River & the Mystic River—are a primary matter for funding under the Stormwater Enterprise Fund. (Questions raised by the Committee members were answered thereafter during each page of the presentation.) He next addressed the Fiscal Year (FY) 2025 Estimated Program Costs which, for both elements, totals $2,763,643.15. He identified many existing and planned Capital activities that have been yearly actions already being presented. He next addressed the Future Stormwater Program Needs. While the Large-Scale Capital efforts are expected to be of the nature and extent of that is currently done each year, as earlier said, the Phosphorus Reduction, which is reported as Total Maximum Daily Loads (TMDLs) establish what we, as a community, are allowed to put into those two watersheds. In the future years, lower TMDLs are now expected to reduce to 2005 base levels while the levels have increased greatly. The estimated costs for compliance range from about $20 to $33 millions through June 2039 for the Charles River watershed. He then provided more depth of the underlying factors affecting Phosphorus contributions and how we currently attend to removal, but those have much less capability than will ultimately be needed. The EPA is looking into the current science that offers potentially larger removals. Because we do not currently have means to reduce those such now projected costs, the Town Manager, at the request of Engineering Department, has asked the Select Board to delay the implementation of the Stormwater Program for a few years until the future costs are better understood. Ms. Kosnoff provided what was the earlier timeline for such implementation and how as the top-down tighter requirements are not yet in effect, she believes we can tolerate a delay. When asked if the Town’s current connection to the UMass Lowell might help with pursuing science matters that might enhance the removal of Phosphorus, Mr. Livsey said we have had, and will continue to maintain, a connection with the Umass Lowell and encouraging partnership with others also pursuing such matters. He next addressed the Benefits of a Stormwater Enterprise Fund and a Stormwater Fee. It provides a transparent accounting; similar to water, sewer, and electric utilities; equitable fee for managing cost of managing the stormwater management; and a credit policy where property owners may receive a fee reduction based on their contributions to stormwater improvements to their property. Further, already more than 22 municipalities in Massachusetts have adopted such Funds. He next turned it over to Ms. Conchilla to address the structure of the Stormwater financial structure. She advised that the size of the impervious property would be the basis for the