HomeMy WebLinkAbout2013-01-22-CEC-min-execMinutes of the Lexington Capital Expenditures Committee (CEC) Meeting
January 22, 2013, Executive Session
Date, Place, and Location: January 22, 2013, 8:00 A.M., Town Office Building, Reed
Room (111)
Members Present: Charles Lamb, Chair; Beth Masterman, Vice - Chair; Jill Hai; Bill Hurley;
David Kanter
Other Attendee(s): Deborah Mauger, Chair, Board of Selectmen, Carl Valente, Town
Manager; Sara Arnold, Recording Secretary
Documents Presented: None
With Mr. Lamb having called to order at 8:33 A.M. the Open Session —which had been
posted also to involve an Executive Session —he then declared, as Chair, that an Executive
Session was warranted under the Open Meeting Law Exemption 6 (to consider the
purchase, exchange, lease or value of real property) as the discussion in an open meeting
may have a detrimental effect on the negotiating position of the Town —and with the
intention to reconvene in Open Session. A Motion to do so was made and seconded. Each
member was polled and each voted "yes" The Committee went into Executive Session at
8:34 A.M.
Potential Acquisition of Property at 33 Marrett Road
Mr. Lamb reviewed for Ms. Mauger and Mr. Valente the Committee's concerns that had
been identified at its December 18, 2012 meeting regarding the Town's potential purchase.
• The potential acquisition of this property seems to have heightened the competition
for financial resources for capital projects, and the potential projects do not appear to
be prioritized;
• The Committee is concerned about public- safety needs and believes they should
have priority;
• The voters should be afforded an opportunity to express their support for or against
major capital projects, such as this purchase; the use of Conservation Preservation
Act (CPA) funds shouldn't preclude that process;
• There is Committee support for moving forward on Cary Memorial Building
renovations, which project impacts available resources;
• The Town shouldn't buy the land just to protect it from development. There should
be, for the record, an evaluation of real- estate -tax income from homes and the likely
services burden to the Town from such a development. Ms. Mauger said that
housing generally doesn't pay for itself because it brings in more students who use
the schools; and
• If the Town uses CPA funds, this could restrict the Town's ability to re -sell the
property if the Town should subsequently decide that the purchase was not in the
Town's best interest.
Ms. Masterman asked if the purchase satisfies a need, or is this just something that is
wanted; she believes that there are public- safety needs that should be addressed first.
Mr. Lamb reiterated that public safety is the Committee's highest priority.
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Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting
January 22, 2013, Executive Session
Ms. Hai expressed her concern that the Town cannot re -sell the land if CPA funds are
used. Mr. Valente said he will discuss this further with Town Counsel, but based on
experience with the Busa property and his understanding of the issues, if CPA funds are
used to purchase property, it should be possible to sell said property before the Town puts
any restrictions on it, but the Town will then need to reimburse the CPA funds. Mr. Kanter
reported that the Community Preservation Coalition advised that including restrictions as
part of a purchase using CPA funds is expected by the State.
Mr. Hurley wondered if the property owners would want to negotiate some restrictions on
what the Town could do with the property if the Town purchased it. He imagines that they
would prefer having the Town own the property over multiple houses. It was noted that a
developer could out -bid the Town, which cannot pay more than an appraised value of the
property.
Ms. Mauger explained that a negotiated price for the property has not been determined, nor
has a maximum acceptable threshold been established by the Town. Regarding the need
for the property, she said that different people interpret need differently; this is a value
judgment. She is asking herself whether the property can benefit the Town and whether this
is an opportunity the Town shouldn't pass up. Based on a careful analysis by The Cecil
Group, consultants being used by the Selectmen- appointed Ad hoc Town -wide Facilities
Master Planning Committee (AhTFMPC), the property's best use for the Town would be as
a new community center. In Ms. Mauger's opinion, that use is currently on par with
replacing the police and fire stations in terms of need.
Ms. Mauger said she is interested in getting input from the AhTFMPC, but recognizes that
they will not complete their work before the Selectmen have to make their
recommendations regarding this purchase. She added that the Town is in a position to
pursue both this purchase and a new fire station within the next five years, but the Town
cannot additionally support in that time frame all of the other large capital projects that have
been identified, such as Cary Memorial Building renovations, a new police station, and
several new schools.
Mr. Valente explained that he is waiting for the new Fire Chief to clearly identify a project for
the fire station; thus the project is not being proposed for any funding in FY2014. It is
recognized that the current Bedford Street station site is limited in size, so it doesn't work
very well for what had been the last design proposal. Other locations have been
considered, but the best sites might require a taking by eminent domain. Ms. Mauger added
that no capital projects are on hold because of this potential purchase. She emphasized
that the AhTFMPC report will inform the Town in its effort to prioritize projects.
Ms. Mauger discussed the potential financing process for making this purchase. If CPA
funds are used (where eligible), it may be possible to fund the balance through the general
tax levy, which requires only Town Meeting approval; while a debt exclusion requires a
referendum. She asked, rhetorically, whether having Town Meeting approval is sufficient for
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Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting
January 22, 2013, Executive Session
community input and noted that there are different opinions about which approach is
preferable. In response to a question, she said that user fees at a community center can
only help pay for the facility over time.
Mr. Kanter commented that excluded debt doesn't impact the Proposition 2 1 /2 tax -levy
restrictions. He opposes using the general tax levy to fund the purchase if that has the
potential for having to go out for an override to be able to cover the debt service to avoid
not being able to maintain the current level of services.
There was a discussion about the two costs involved in this purchase: the purchase and the
renovations. Ms. Mauger said that the Council on Aging could move into the main facility
almost immediately; renovations could be done over time. She added that the gymnasiums
in Lexington are under - utilized, so she does not see the need for building a gym as part of
the renovations.
Ms. Masterman expressed her continued concern that new /renovated fire and police
stations should be the Town's highest priorities. She noted that neither of these projects is
being pushed by an opportunity or an event, which results in their being delayed. She
added that a gym for the East Lexington Fire Station isn't being supported by Town
management, and based on a recent tour of the Police Station, the police need more and
updated space. Mr. Hurley said that working in the current buildings can't be
morale - building.
Ms. Mauger commented that the morale at the police and fire stations is good and the staff
is treated well. She is confident that new stations will move forward after the AhTFMPC
report is completed. She does not see this purchase impacting this, although the need for
new schools could influence timing for the public- safety facilities.
Mr. Valente stressed that public safety isn't being compromised by the current fire and
police stations, and that the buildings are well maintained. He added that an upgraded fire
station is his highest priority, but a decision on this purchase can't wait until the
public- safety projects are addressed. Ms. Mauger added that neither Fire Chief Wilson nor
Police Chief Corr is saying that they can't do their jobs or that the public is at risk.
Mr. Hurley suggested that efficiencies are being compromised.
In response to questions about the police firing range and firearms equipment, Mr. Valente
said that the Town having even its current outdoor range is the envy of other Towns. Also,
the equipment requested by the Police Department is in the FY2014 preliminary budget.
Ms. Mauger discussed the Town's constituency groups. There are increases in senior
citizens and the young. In her opinion, the Town's services for the elderly, the disabled, and
teens need to be expanded, and a community center will service this purpose. She
envisions a social model for the facility.
Mr. Valente left at 9:34 A.M.
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Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting
January 22, 2013, Executive Session
Mr. Kanter said he supports the Town addressing Cary Memorial Building's needs before
they become of crisis proportion and believes this project should move forward now. He is
anxious to know how much of the proposed purchase could be CPA funds because this
impacts other projects such as the Cary Memorial Building renovations.
Ms. Mauger asked how the Committee sees its role with regard to this purchase. Mr. Lamb
said that this Committee advises, primarily on responsible ways of financing. He added that
the Committee ranks public safety as its highest priority, and although the Committee is
unlikely to come out against the AhTFMPC recommendations, there are times when the
Committee has offered amendments at Town Meeting when the Committee considered the
disagreements significant.
Ms. Mauger acknowledged that the Town does not have a formal capital - planning process,
and she noted that it took three years to get the AhTFMPC started. The AhTFMPC should
address sequencing and renovation /rebuild costs, but not financing.
Pending receipt of the AhTFMPC's report and the Board's deliberations, Ms. Mauger
identified her current prioritization list, as follows: the property at 33 Marrett Road,
Headquarters Fire Station, Cary Memorial Building —sound systems only (the balance can
be done later), Police Station, and the High School being done over the long term, such as
20 or more years. She supports a regional firing range and is waiting for more information
from Chief Corr. She added that Mr. Valente's Senior Management Team reviews all of the
capital projects and votes on them. Mr. Lamb assured Ms. Mauger that Town staff
members in their presentations to this Committee have never tried to subvert that process
by going through committees.
Ms. Mauger left the meeting at 9:58 A.M.
Members of the Committee commented on how they felt about the meeting with
Ms. Mauger and Mr. Valente, as follows:
• Ms. Masterman: The Committee accomplished its goal of making sure the decision
makers think about the Committee's position. Some wheels may have been put in
motion. She hopes to understand the politics involved in supporting the firing range.
• Mr. Hurley: It was a good meeting.
• Ms Hai: It was a good meeting.
• Mr. Kanter: It was a great meeting, but he isn't prepared to accept all the answers.
He still questions the need for the property at 33 Marrett Road; he suspects it is
more of a "want" than a carefully calibrated "need ".
• Mr. Lamb: The want or need question is probably more appropriate for Town
Meeting members than in the role of a CEC member.
There was a brief discussion about the Special Town Meeting (STM) that has been
proposed to be bundled with the Annual Town Meeting —which starts on March 18. The
sole purpose of that STM would be to address a proposal to purchase property at
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Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting
January 22, 2013, Executive Session
33 Marrett Road —if there is an agreement with the owner. The Committee recognized that
before that STM, the Town may not have been able to come close to a developer's offer for
the property, so one factor the owner may have to decide is how important is their future
viewscape versus their return on the sale to the Town.
Return to Open Session: At 11:04 A.M., it was moved and seconded that the Committee
return to open session. Each member was polled. Vote: 5 -0
These Minutes were approved by the CEC at its Open- Session meeting on
January 29, 2013, but without making the content public as it was still sensitive at that time.
In response to a query by Mr. Kanter on April 11, 2013, Carl Valente, Town Manager,
advised on April 12, 2013, that the content of these Minutes could then be made public and
the CEC did so by submitting these Minutes to the Town's public archives on that same
date.
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