Loading...
HomeMy WebLinkAbout2020-10-06-CEC-min (Executive Session) ���ry Ndg42 bt�r��f} O Y Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting Executive Session October 6, 2020 Location and Time: Remote Meeting; 8:00 A.M. Members Present (remote participation): Charles Lamb, Chair; David Kanter, Vice—Chair & Clerk; Sandy Beebee; Rod Cole; Wendy Manz, and Frank Smith Members Absent: None Others Present (remote participation): Glenn Parker, Chair, Appropriation Committee (AC) liaison; Sara Arnold, Recording Secretary. Documents Presented: • Amended Notice of CEC Meeting, October 6, 2020 • Article 7: Land Acquisition Draft #3, October 5, 2020, to the CEC Report to the Special Town Meeting (STM) 2020-3 (Report) Call to Order Having called an Open Session to order at 8:01 A.M., according to the protocols for virtual meetings, at 8:02 A.M., Mr. Lamb requested a Motion to go into Executive Session, with an invitation for Mr. Parker and Ms. Arnold to attend, to consider the purchase, exchange, lease or value of a portion of real property (Open Meeting Law Exemption 6)—land acquisition— with the intent to reconvene in Open Session. Mr. Lamb declared that an Open Session may have a detrimental effect on the negotiating position of the Town. It was so moved and seconded. Roll-Call Vote: 6-0 Executive Session: Land Acquisition Mr. Lamb asked that those in attendance ensure that no one else could hear or see this session because the following information is confidential. There was a review of draft material prepared for this Committee's report to the STM 2020-3 regarding Article 7: Land Acquisition. Ms. Manz, Mr. Lamb, and Mr. Kanter contributed to reporting the following—about which there was a discussion by the whole Committee: • This potential purchase of about 4.48 acres at 39 Highland Avenue does not include the house and barn; those would remain with the owner. • The land is zoned residential. • The heirs who now own the land do not live there. They do not want additional housing built on the land and would like to have the house and barn preserved. • The Conservation Commission has been hoping to eventually purchase this land for a long time and plans to put a conservation restriction on it if the purchase is completed. This would prevent using the land for housing or recreation fields. • The intent is to use Community Preservation Act funding to purchase the land, which requires the purpose of the purchase to be identified and maintained. A legislative act would be needed to change that use. Page 1 of 3 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting Executive Session October 6, 2020 • The Community Preservation Committee (CPC) has anticipated and has been setting aside funds for this purchase for at least three years. It is not a "pop-up opportunity". Ms. Manz agreed to add language to this effect to this Committee's Supplement to its Report to the STM 2020-3. • The Lexington Housing Assistance Board (LexHAB) looked at the house and barn and determined that renovations would be too expensive for their program. • The house and barn are on the Town's Historical Inventory and the Lexington Historical Commission would like to see the house and barn preserved. • The land is heavily wooded with some steep slopes. There are currently some trails on the property that have not been maintained by the owners. • It is anticipated that funds need to be added to the $3,500,000 cost of the property to cover auxiliary expenses, which would mostly be associated with legal fees required to record the house and barn being separate from the property being purchased. A $100,000 amount—which is anticipated to be more than the final amount—is being used as a placekeeper. • While the property is close to the Lexington Children's Place (the Lexington Public Schools district-wide preschool program), it does not abut that school property. It does abut current conservation land. • The cost is high, but is under the highest and best-use values identified in the lower of the two appraisals. • Ms. Kosnoff, Assistant Town Manager for Finance, has prepared a spreadsheet showing the plan for the split between cash and debt that would be used; it will be mostly cash. • The Purchase and Sale agreement is being worked on; it has been an extensive process. Committee members commented on their positions, as follows: • Mr. Lamb: This purchase would provide a good link between existing conservation–land parcels and would protect the Town from more housing. More housing would increase demand on Town services and would be a detriment to views from that existing, nearby, conservation land. • Mr. Cole: It is a nice parcel that abuts conservation land. He would like to visit it. He supports affordable housing and would like to hear from the CPC and LexHAB about the potential of building affordable housing on a portion of the acres being proposed for conservation land. He would also like to see the buildings on the lot preserved. Ms. Manz noted that there is some open space to the left of the house and barn that might provide frontage on Highland Avenue. • Ms. Manz: She agrees that the Town needs to expand its affordable housing, but trying to turn some of this property into affordable housing would be challenging for Page 2 of 3 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting Executive Session October 6, 2020 LexHAB. The CPC only recently decided to support purchasing just open space, following extensive discussion and the exploration of numerous options. Ms. Manz supports the purchase. • Mr. Kanter: The price is too high for what the Town would be getting. • Ms. Beebee: She is concerned about the needs for affordable housing and restricting the use of the land to conservation purposes. She would like to visit the area. • Mr. Smith: He is not opposed to the purchase, but he would like more time to consider his position and would like to look at the property. Mr. Lamb reviewed the plan for moving forward, explaining that a Supplemental Report is needed to present this Committee's position on Article 7 to the STM 2020-3. This allows additional time for Committee members to visit the parcel and consider the issues. That said, until information about this Article is made public, it is important to avoid discussions with others. Mr. Parker suggested that this Committee and the AC meet together when the information about this Article becomes public. At 8:43 A.m., a Motion was made and seconded to return to Open Session. Roll-Call Vote: 6-0 This Minutes was approved by the CEC at its meeting on November 13, 2020, including approval of public release, but subject to Town Manager concurring with public release. On April 27, 2021, Mr. James Malloy, the Town Manager, advised the land acquisition that was the subject of this Executive Session had closed and is on record at the Registry of Deeds as of April 2, 2021; therefore, public release is now appropriate. Page 3 of 3