HomeMy WebLinkAbout2023-12-07-CPC-min1
Minutes of the Community Preservation Committee
Thursday, December 7, 2023
Hybrid Zoom Meeting
Meeting ID: 997 4649 6864
Community Center Room 230/232
39 Marrett Rd
4:30 PM
Committee Members Present: Marilyn Fenollosa (Chair); Jeanne Krieger (Vice-Chair), Kevin
Beuttell, Robert Creech, Lisa O’Brien, Robert Pressman (arrived at 4:39 PM), Kathryn Roy, Mark
Sandeen, Melinda Walker.
Administrative Assistant: Thomas Case
Other Attendees: Sandhya Beebee, Liaison, Capital Expenditures Committee; David Kanter, Vice
Chair & Clerk, Capital Expenditures Committee; Carolyn Kosnoff, Assistant Town Manager for
Finance (arrived at 4:38 PM); James Malloy, Town Manager (arrived at 4:51 PM); Sarah
Morrison, Executive Director, LexHAB.
Ms. Fenollosa called the meeting to order at 4:35 PM.
Revisit LexHAB FY25 CPA Funding Request (241 Grove St – Paint Exterior) – The Committee
discussed the $10,000 exterior paint project at 241 Grove St, as part of LexHAB’s FY25 CPA
funding request. The Committee reviewed the photos of 241 Grove St’s current exterior paint
provided by LexHAB. Ms. Walker asked Ms. Morrison if the house had been repainted when it
was originally renovated. Ms. Morrison explained that part of the house was painted and
received some touch-up work. Ms. Walker asked if there had been insufficient funding to paint
the property when it was originally renovated. Ms. Morrison replied that she was unsure and
was not involved with that project. Ms. Fenollosa shared that the windows had been replaced
and suggested that the framing had not been upgraded. Ms. Morrison added during its
renovation, there was an attempt to keep as much of the original structure as possible. The
property was part of the Mass Save’s initiative and has heat pumps and extra insulation, but
there is still heat escaping.
Mr. Creech shared that he had walked around the house and could not get close enough to the
house, but did see that the window sill on the lower level was in bad shape. Mr. Creech
commented that painting requires good preparation and expressed concern that if the building
had been painted recently, then it did not receive adequate preparations. Mr. Creech removed
his objection to the exterior paint project due to its current condition and advocated for good
preparation before its painting. Mr. Pressman shared that he had also visited the property and
noted that there were sides that had not been painted and multiple places needed repairs.
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Ms. Fenollosa thanked Ms. Morrison for her time and for providing the CPC with additional
information on the project.
Ms. Morrison left the meeting at 4:40 PM.
Minutes- The Committee agreed to postpone approving the minutes from the 11 -30-2023
meeting in order to have more time for review.
Committee Business- Ms. Fenollosa reminded the Committee that next week, on December 14,
the CPC will hold its Public Hearing on the 2023 Needs Assessment Report at 4:00 PM via Zoom
and in the Parker Room. After receiving public comments, the Committee will vote on the
approval of the Report and take final votes on FY25 project recommendations to Annual Town
Meeting.
Needs Assessment Report – Looking Forward Proposal – The Committee discussed a proposed
Looking Forward section for the Needs Assessment Report (NAR), as drafted by Ms. Fenollosa.
Ms. Fenollosa expressed support for adding the section to the NAR as a way to convey to the
public the CPC’s outlook for the next five years. Mr. Sandeen expressed support for the intent
of the Looking Forward section and offered edit suggestions to the text and table, including
adding asterisks to the AHT section, indicating that the provided numbers were only
preliminary projections and not actual requests. Mr. Sandeen also asked whether the NAR
should advocate for linkage or transfer fee legislation designed to provide funding for
affordable housing. Ms. Fenollosa suggested mentioning legislation that would increase funding
options for housing and the AHT as a way to build aware ness. Ms. Krieger expressed support for
mentioning the legislation as a means of educating people and added that there would need to
be a vote by the CPC to support the bills in order to advocate for them in the NAR. Mr. Creech
expressed support for the Looking Forward section, provided the information is accurate and
has support from the Committee. Ms. O’Brien suggested that the AHT asterisks/footnote
should be applied to the entire 5-year table of potential requests. The change was added to the
Looking Forward draft.
Upon the arrival of the Town Manager, the Committee decided to continue th is conversation
until after the executive session.
Executive Session Under Exemption 6 – After a motion duly made and seconded, it was voted
by a roll call vote (9-0) to enter into Executive Session at 4:55 PM under Exemption 6 to
consider the purchase, exchange, lease or value of real property and to reconvene in open
session; the Chair declaring that an open meeting might have a detrimental effect on the
negotiating position of the Town.
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At 5:25. after a motion duly made and seconded, the Committee voted by a roll call vote (9-0)
to exit Executive Session and return to Open Session to attend to the remaining agenda items.
Mr. Malloy left the meeting at 5:25 PM.
Needs Assessment Report – Looking Forward Proposal (cont.) – The Committee continued
discussing the proposed Looking Forward section for th e NAR. Mr. Sandeen asked if the
paragraph on the linkage or transfer fee bills should be removed, left in for educational
purposes, or endorsed by the CPC. Ms. Krieger expressed favor for the CPC to support the bills.
Ms. Roy expressed support for the CPC sending a letter of endorsement to the Select Board.
Mr. Pressman commented that the Governor’s transfer fee legislation and the previously filed
transfer fee legislation differ in the amount to which the sale price would be subject to the
transfer fee and asked if the previously filed bill would be part of the CPC’s considerat ion. Mr.
Sandeen recommended removing descriptions of the bills to avoid overstepping or accidentally
misleading readers about the details of the bills, which are also subject to change.
Ms. O’Brien asked if the Select Board had taken a position on any of these housing bills. Mr.
Sandeen shared that he expects the Select Board will take a position on them. Ms. O’Brien
expressed support for sharing the CPC’s outlook and supported leaving the bills in the NAR for
educational purposes. Ms. Krieger advocated for recommending to the Select Board that they
support any transfer fee. Ms. O’Brien asked Mr. Kanter if the CEC would consider advocating for
the housing bills. Mr. Kanter was unable to answer, but Ms. Kosnoff noted that th e
Appropriations Committee might be more relevant for this discussion and said she would share
the question with the Committee. The Committee continued to discuss the language in the NAR
pertaining to the various transfer or linkage fee bills and Mr. Sandeen agreed to draft language
reflecting the CPC’s support for the passage of legislation that allows for additional funding for
affordable housing.
Ms. Walker expressed her opposition to the Looking Forward section. Ms. Walker expressed
concern that the section blames housing for the CPC’s inability to fund all projects, while other
Town entities also have high projected requests. Ms. Walker also expressed concern that by
supporting the real estate transfer fee, the NAR would highlight housing as being the reason for
the CPC’s deficit. Ms. Fenollosa commented that the other high demand projects not related to
housing are also in the Looking Forward section, along with all other potential requests. Ms.
Walker commented that the AHT’s items are not CPA requests, but rather projections for what
requests the AHT could receive, and thus not the same as a Town CIP. Ms. Walker added that
the LHA has no plans for what potential funding they will seek in future years and that the
AHT’s number for the LHA were not provided by the LHA. Ms. Walker expressed that the LHA
and other housing estimates are unknowns. Ms. Krieger commented that the table’s asterisks
cover that all the numbers are estimates or assumptions.
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Ms. O’Brien commented that the AHT’s projections are useful because they are being used to
inform the Trust’s request from CPC. Ms. Walker commented that the AHT’s projections are
only possibilities and are more subject to change than Town CIPs. Ms. Fenoll osa commented
that the AHT’s projections are the only available estimates for housing for the CPC and noted
that the AHT’s justification for their FY25 CPA request was based on these AHT projections. Ms.
Fenollosa added that the AHT should not be left out of the table. Ms. Walker said she did not
think the table should be included in the “Looking Forward” section. Ms. Roy commented that
the point of the section is to show that there is a greater need for CPA funding than is available
for the foreseeable future and so the CPC is going to have hard decisions regarding future
funding.
Mr. Pressman commented that there were 17 changes between the Town’s CPA capital plan s
for FY24 and FY25 and commented that the Town’s anticipated request for over $12 million is
fictional. Mr. Pressman added that the AHT’s numbers are also fictional and that the purpose of
a Trust is to capitalize on unforeseeable projects when they arise. Mr. Pressman suggested
writing a few sentences to acknowledge that the CPC received anticipated funding for future
fiscal years, the CPC receives proposals and attempts to address them in an equitable manner,
and if there are more requests than funding available, the CPC will try to address the
applications in an equitable and fair manner.
Ms. Roy suggested leaving the table out of the section and just leaving the language that
acknowledges the anticipation for more funding requests than what is available. Ms. Fenollosa
shared her opinion that the CPC could not say they anticipate more than $61 million in requests
over five years without showing their reasoning. Ms. Fenollosa shared that the CPC has
received multiple requests for multiple years to provide 5-year projections for CPA funding. Ms.
Fenollosa shared that she used available projections from the CPC’s regular requestors, to
formulate the table. Ms. Walker commented that the housing numbers are not projections. Ms.
Krieger commented that the purpose of the Looking Forward section is to recognize that based
on available projections, the CPC is faced with more requests for funding than it has, and so the
CPC should be mindful of this situation and should not overlook alternative funding that could
be used to fund these project requests. Ms. O’Brien commented that the section also highlights
what is needed to address affordable housing solutions. Ms. Krieger added that the section will
establish a foundation to justify heavily funding community housing over other projects in the
future, should the need arise.
Ms. Beebee acknowledged that the CEC has repeatedly requested a 5-year projection from the
CPC and that the table is helpful, but added that there is no expectation for the CPC’s
projections to be binding. Ms. Beebee also suggested that the financial pressures might be
short-term and due in large part to factors related to the upcoming high school project.
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Ms. Kosnoff shared that the Town’s 5-year capital plan are based off of estimates but
frequently changes based on changes in scope and price changes. Ms. Kosnoff shared that it
would be helpful to see placeholders for non-Town requests and noted that when the Town has
an anticipated project without a price yet, they use “TBD”. Ms. Kosnoff added that even an
estimated number conveys the expectancy for a request at some point down the line.
Ms. Walker commented that the numbers used for housing are not good estimates. Ms. Walker
commented that her primary concern is for affordable housing and how the public views the
need for affordable housing, and feels that the table’s numbers for housing create a false idea
of what is needed or will happen in Lexington over the next 4-5 years, as opposed to the other
categories.
Ms. O’Brien commented that the table also shows that the AHT’s request considers what the
CPC has available to allocate. Mr. Sandeen commented that if there were a Town staff member
dedicated to housing, there may be more accurate numbers for housing’s projections , and
commented his support for attempting to show the higher need for funding than what the CPC
has available. Mr. Creech commented that the housing partners are better off having some
level of projections for Annual Town Meeting, and supports the Looking Forward section’s
intention.
Mr. Pressman commented that the table does not include debt funding for the Munroe Center,
or potential debt funding for fields or the Stone Building. Ms. Kosnoff noted that FY25 is the last
year for authorized debt payments, but noted that there will be debt service for the Munroe
Center in future years, whenever the project begins. Mr. Kanter added that the encouragement
for the CPC to create a 5-year projection is to reflect the pressure faced by the CPC’s funding
constrains.
The Committee discussed minor changes to the language and formatting of the proposed
Looking Forward section.
After a motion duly made and seconded, the Committee voted by a roll call vote (7 -1-1) to
accept the Looking Forward section, as amended, into the 2023 Needs Assessment Report. Mr.
Pressman voted no and Ms. Walker abstained.
After a motion duly made and seconded, the Committee voted by a roll call vote (9-0) to
adjourn at 6:23 PM.
The following documents were used at the meeting:
1) LexHAB 241 Grove St Exterior Paint Photos
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2) 2023 Needs Assessment Report Draft 2
3) Proposed Looking Forward section for NAR
4) Minutes 11-30-2023 Draft
5) Minutes 11-30-2023 Draft 2
6) CPA FY25 Fund Balance Sheet dated 12-07-2023
Respectfully submitted,
Thomas Case
Administrative Assistant
Community Preservation Committee
APPROVED: 2/15/2024