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HomeMy WebLinkAbout2014-08-26-CEC-min Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting August 26, 2014 Town Office Building, Reed Room; 8:00 .. Location and Time: AM Jill Hai, Chair; David Kanter, Vice-Chair and Clerk; Rod Cole; Members Present: Bill Hurley; Wendy Manz None Members Absent: Rob Addelson, Assistant Town Manager for Finance; Sara Arnold, Others Present: Recording Secretary Documents Presented: Notice of Meeting/Agenda for CEC Meeting, August 26, 2014 Ms. Hai e-mail to the Committee, August 21, 2014, quoting from Deborah Brown, Town Moderator, e-mail to Ms. Hai, August 11, 2014, regarding finance committee members running for local office and finance committee members endorsing candidates for local office Project Update à July 2014, prepared by the Department of Public Works (DPW) for its presentation to the Board of Selectmen (BoS) on July 28, 2014 Alan Levine, Appropriation Committee, e-mail to Carl Valente, Town Manager, June 25, 2014, regarding Solar Task Force Appropriation Committee and Capital Expenditures Committee Review Mr. Levine e-mails to Mark Sandeen, Chair of the Solar Panel Task Force, and forwarded to Mr. Valente, July 18Ã20, 2014, regarding financial details related to the installation of solar panels Excerpt from August 8, 2013, CEC Minutes regarding liaison assignments CEC FY2013 Town Report BoS FY2015-FY2016 Goal Setting Follow-Up chart, August 22, 2014 Ms. Hai called the meeting to order at 8:06 .. Call to Order: AM There was discussion about which day of the Committee Meetings and Membership: week would be best for holding the regular CEC meetings. It was agreed to continue to schedule such meetings on Tuesday mornings at 8:00 .. AM Ms. Hai welcomed Mr. Cole to the Committee. There was discussion about Mr. HurleyÈs plan to run for a now-vacant seat on the School Committee in the November 4, 2014, Special Election. He said he is planning to resign from this Committee later today when he officially takes out papers to become a candidate. He is resigning because Ms. Brown, who appoints the members of the finance committees, has a policy that says members of these committees are expected to resign if running for a Town-wide position as this is her effort to avoid conflict-of-interest issues. Mr. Kanter expressed his disappointment with that position of hers and he provided the following explanation: Page 1 of 6 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting August 26, 2014 He does not believe there is inherently a conflict of interest, or reasonable appearance of one, while the candidate is running for office; this is only an issue if the candidatewere to beelectedÄand then the TownÈs By-Law requires resignation. He noted that such a candidate could recuse him/herself from voting on a subject if there were any conflict of interest or reasonable potential for the appearance of a conflict of interest. He believes that although such expected resignations may have been standard practice, it is valuable periodically to reevaluate such practices so as not unreasonably to deny the valued participation by a member until the outcome of the election is known. He believes that this situation involves extenuating circumstances, making it reasonable to allow Mr. Hurley to remain on this Committee until the results of the election are known.This Committee will only hold two meetings before the election, Committee positions on Town Meeting Articles will not be taken prior to th November 4, and if Mr. Hurley loses the election, he would still be on the CEC, thus providing important continuity immediately beyond the election. Ms. Hai reported that Ms. Brown had discussed this issue with her peers from other Towns. Ms. Brown believes her policy is the best way to proceed, and as it has been previously applied in similar situations, it is unwise to make an exception to prior practice. She is particularly sensitive to the importance of protecting the Town from any perception of a conflict of interest. There is concern that a candidate coming from a finance committee, in contrast to a candidate having previously served on a finance committee, will be perceived as being supported by that committee. Mr. Hurley noted that he does not want to challenge Ms. BrownÈs positionÄwhich is why he is formally resigning from this Committee after this meeting. He also said that he would be happy to be reappointed to this Committee if he does not get elected to the School Committee. There was discussion about the pros and cons of Ms. Brown bringing someone onto this Committee immediately or waiting two months to determine whether Mr. Hurley will be available for re-appointment. A Motion was made and seconded to recommend deferring the appointment of a new CEC th member until after the November 4 election. VOTE: 4Ã0Ã1 (Mr. Hurley abstained due to the matter directly bearing on his own membership.) Ms. Manz reported that she had administrative edits for the four sets Approval of Minutes: of Minutes that were ready for approval. A Motion was made and seconded to approve the June 3, 2014, Minutes, with Mr. Kanter to consider any inputs by Ms. Manz. VOTE: 3Ã0Ã2 (Ms. Hai and Mr. Cole abstained as they had not been present at that meeting.) A Motion was made and seconded to approve the June 10, 2014, Minutes, with Mr. Kanter to consider any inputs by Ms. Manz. VOTE: 2Ã0Ã3 (Ms. Hai, Mr. Cole, and Ms. Manz abstained as they had not been present at that meeting.) A Motion was made and seconded to approve the June 11, 2014, Minutes, with Mr. Kanter to consider any inputs by Ms. Manz. VOTE: 3Ã0Ã2 (Ms. Hai and Mr. Cole abstained as they had not been present at that meeting.) Page 2 of 6 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting August 26, 2014 A Motion was made and seconded to approve the June 16, 2014, Minutes, with Mr. Kanter to consider any inputs by Ms. Manz. VOTE: 4Ã0Ã1 (Mr. Cole abstained as he had not been present at that meeting.) Ms. Hai reported that according to public comments made at the August 25, 2014, BoS meeting, some Town committees are not getting their Minutes archived in a timely manner and not all committee members in the Town have acknowledged to the Town ClerkÈs Office successful completion of the on-line State training program designed to ensure understanding of the Conflict of Interest Law that is required to be done by public employees and committee members every two years. She noted that no comments were directed at this Committee. She commended Mr. Kanter for his efforts to get the Minutes archived, and she reminded Committee Members to take the test and submit the acknowledgement, as needed. Mr. Addelson arrived at 8:34 .. AM Updates on Capital Projects, including the Solar Rooftop Project, and the Redundant Fiber Optical Cable Project: On July 28, 2014, the DPW provided the Selectmen with a written update on its capital projects and this was made available to this Committee. This Committee also received copies of emails relating to the solar-panel project that reflected review participation by then-CEC-member Beth Masterman. Mr. Addelson reported that the Town had already decided not to pursue the option of using an empty Verizon conduit between the DPW building and the Police Station that had been offered at no cost by Verizon for the Town to install a fiber-optic cable that would have started the process of building a redundant network system between the TownÈs facilities. The cost of the project, assuming the conduitÈs integrity was good and it was clear, was originally estimated at $40,000, but two blocked segments were discovered, increasing the estimate to $110,000. The already planned resurfacing of Bedford Street was also a complicating factor. The Town will continue to rely on RCNÈs Institutional Network, which runs along the telephone poles, for its network system. Mr. Addelson assured this Committee that loss of service has sometimes been an aggravation, but never critical, and the public-safety dispatch services are not on the network; they operate independently. Several committee members expressed concern about losing this opportunity without understanding the plans and estimated costs for an alternative redundancy path along that portion of the TownÈs network. Mr. Kanter asked that Donna Hooper, as the TownÈs Chief Information Officer, provide this Committee with an update on the TownÈs plan for network redundancy. Review of Fall Schedule: Ms. Hai reported that in preparation for the 2015 Annual Town Meeting (ATM) next spring, the BoS will receive the Town DepartmentsÈ Capital Improvement Project (CIP) requests on thth October 20, and this Committee will receive them on October 24. At Mr. KanterÈs request, Mr. Addelson agreed to provide a report on the status of the funds on the open-money capital articles (ÅAvailable Balances of Prior Years' Capital AuthorizationsÆ) at that time, although Mr. Addelson cautioned that these are Åmoving targetsÆ. Ms. Hai made several suggestions for improving this CommitteeÈs CIP review process: Page 3 of 6 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting August 26, 2014 Committee members should review the CIPs and submit questions and comments to her prior to a departmentÈs meeting with this Committee so she can make a consolidated submission to Mr.Addelson for him to provide to the department. This will allow the departments to prepare in advance and should reduce the need for the departments and this Committee to Åchase downÆ information after the meetings. Administrative corrections can be forwarded to the departments as well, bearing in mind that the CIPs are merely internal documents. There was discussion about the dates for meeting with the departments and the need for this Committee to give a report on its positions on the projects at the planned January 15, 2015, Budget Summit 4. It was agreed that there would be weekly meetings th with departments starting October 28Äbut excluding the holiday weeksÄwith a goal of thth completing that task by December 9. This allows for a December 16 meeting to review th the issues and a January 6 meeting to take positions. Mr. Addelson agreed to take the necessary steps to have the department meetings arranged, starting with departments that do not require a lot of preparation time on the part of the departments or expected of this Committee. Mr. Addelson left at 9:05 .. AM It was noted that officers are elected at the beginning of each new Committee Officers: fiscal year. A Motion was made and seconded to elect Ms. Hai to continue as Chair. VOTE: 4Ã0Ã1 (Ms. Hai abstained.) A Motion was made and seconded to elect Mr. Kanter to continue as Vice-Chair and also now formally to be the Clerk. VOTE: 4Ã0Ã1 (Mr. Kanter abstained.) Mr. Kanter explained that he plans to continue usually to make room reservations with the Town ManagerÈs Office for Committee meetings; prepare Agendas after coordinating with the Chair and submit them to the Town ClerkÈs Office for posting; and review and edit the draft Minutes that are prepared by the Recording Secretary before they are sent to all the members. The Committee endorsed his taking those actions. It was noted that, traditionally, each Committee MembersÈ Roles and Responsibilities: Committee member assumes responsibility for tracking capital-related issues associated with the TownÈs Departments and those committees with which this Committee maintains a liaison role. Although this does not require attending every meeting associated with those committees, it means Åkeeping a finger on the issuesÆ, commenting on issues of concern at those meetings attended, and reporting back to this Committee, as appropriate. It also means drafting this CommitteeÈs positions for this CommitteeÈs Reports to Town Meetings. Mr. Kanter reviewed what has been the process for writing these reports and what has been his role in the completion of them. He added that he does plan to continue to attend all of the meetings of the Community Preservation Committee because it has become, and is contemplated to continue to have, a major role in the funding of capital projects. Using an excerpt from the August 8, 2013, Minutes that reported on the member assignments for FY2014, the Committee members agreed to serve as liaisons to Page 4 of 6 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting August 26, 2014 departments and subject-matter areas for FY2015, as followsÄwith the understanding that th if and when a 5 member is appointed, all these assignments will be revisited: Conservation & Open Space ...................... Ms. Manz Facilities ...................................................... Mr. Cole Fire and Police ............................................ Ms. Hai Library ......................................................... Ms. Hai Public Works ............................................... Ms. Hai Schools ....................................................... Mr. Cole Information Technology .............................. Mr. Kanter Recreation .................................................. Ms. Manz Community Center ...................................... Ms. Manz General Financial ........................................ Mr. Kanter Affordable Housing ..................................... Ms. Manz The Committee members also agreed to serve as the formal liaisons to the following Lexington committees, commission, task force, and boards: Community Preservation Committee .......... Mr. Kanter Lexington Center Committee ...................... Ms. Manz Ad hoc Townwide Facilities Master Planning Committee (AhTFMPC) ........... Mr. Kanter Ad hoc Cary Memorial Building Renovation Design Committee (AhCMBRDC) ......................................... Mr. Kanter Ad hoc Community Center Advisory Committee .............................................. Ms. Manz Solar Energy Task Force (under the Sustainable Lexington Committee) ......... Mr. Cole Permanent Building Committee .................. Mr. Cole Commission on Disability (CoD) ................. Ms. Manz Planning Board ........................................... Ms. Manz Housing Partnership Board ......................... Ms. Manz It was noted that both the AhTFMPC and the AhCMBRDC may have been dissolved. Mr. Kanter will determine the status of those committees. Member Reports: Ms. Hai reported that at its meeting last night the BoS began discussing the goals that they had identified at their goal-setting session. This discussion will continue at its meeting on th September 8. She noted that they have included two new goals that support recommendations this Committee has long made related to financial and budget issues: Expanding communication with the public about Proposition 2 and debt exclusion. Early endorsement of Community Preservation Act projects. She added that the BoS identified Public Safety Facilities as its highest priority. Ms. Hai also reported on the BoS schedule for budget-summit meetings, meetings with the Town departments to review their CIPs, and their regular Monday night meetings: Page 5 of 6 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting August 26, 2014 ndththth Summit Meetings: October 2, November 12, December 18, January 15, and thth February 19Äalthough February 19 is during school vacation week so it may be changed. stndthrd Review of CIPs: December 1, 2, and 4: 8:30 .. to noon; December 3: AM 9:30 .. to noon. AM th Monday night meetings through 2014: Starting September 8, they will meet every stnd other Monday until December 1, and they will meet on December 22. Committee Involvement in Local Election Campaigns: Ms. Hai reported on her meeting with Ms. Brown, and Mr. Parker, Chair of the Appropriation Committee, which was held to discuss the issue of Committee members participating in localÃelection campaigns. Ms. Brown did some research and determined that her prior position asking that there be minimal or no public participation was overly restrictive, and she suggests that when discussing this matter one should be mindful of a personÈs Constitutional rights under the First Amendment. At the same time, she asked that Committee members be mindful of appearances and discuss this with their Chair if interested in participating in such a campaign. Ms. Hai said that each person must make a personal decision regarding support of candidates for local positions. She expressed her personal preference to stay out of the campaigns to avoid any perception that there is an ÅinsideÆ group that might create barriers to newcomers. She thinks it is advisable to stay off of support lists, and to avoid giving coffees that are listed publicly, but she has no problem with sharing a personal opinion with someone. She also stressed that under no circumstances can a Committee member be identified as a CEC member when endorsing a candidate. rd The next meeting of this Committee will be on September 23 at 8:00 .. Next Meeting: AM Ms. Hai asked that everyone review the CECÈs report to the 2014 ATM with a critical eye. It is comprehensive and detailed, and is used by the Town as a valuable resource, but she asked members to consider whether it is the best way to deliver the information, whether it could be shorter, and whether there is information being carried over from previous years that is no longer necessary. Ms. Hai still intends to provide her draft of the CommitteeÈs input to FY2014 Town Report: that report to this Committee with the intent that it be discussed by this Committee at its next meeting. Her draft will follow the content of the CommitteeÈs input to the FY2013 Town Report, but she recognizes the TownÈs desire to shorten the Town Report. Mr. Kanter suggested that our input and other future references to the building additions approved to be made this year and next year to the High School be cited as ÅprefabricatedÆÄrather than as ÅmodularÆÄin that the construction technique is different and those new buildings are more substantial and attractive than what most people associate with modular structures. Ms. Hail said that Ms. Masterman and Mr. Hurley will be invited to the next meeting for a Town Report photo as they were both members at the end of FY2014. The photo will likely be taken in front of the Cary Memorial Building, which is under construction, to make the picture more interesting as it would have a connection with what is the CommitteeÈs role. A Motion was made and seconded at 9:59 .. to adjourn. Adjourn:VOTE: 5Ã0 AM These Minutes were approved by the CEC at its meeting on September 23, 2014. Page 6 of 6