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HomeMy WebLinkAbout2019-12-05-CPC-min Minutes of the Community Preservation Committee Thursday, December 5, 2019 Room 237 Community Center 39 Marrett Rd. 4:00 PM Committee Members Present: Marilyn Fenollosa (Chair); Charles Hornig (Vice-Chair), David Horton, Joe Pato, Bob Pressman, Lisah Rhodes, Melinda Walker. Administrative Assistant: Gina Federico Other Attendees: Wendy Manz, Capital Expenditures Committee liaison to the CPC; Carolyn Kosnoff, Assistant Town Manager for Finance; Mina Makarious,Town Counsel (Remote Participation) 4:20PM —5:09PM; Patricia Nelson, Attorney, LexHAB. Absent:Jeanne Krieger and David Langseth. Ms. Fenollosa called the meeting to order at 4:18PM. Review& Discuss- "Town Counsel Review of Eligibility of Lexington CPA Projects- FY21"- Mr. Makarious asked the Committee if there were any questions on the Anderson & Kreiger opinion. Mr. Pressman asked if Town Counsel has seen Ms. Nelson's memo before rendering their opinion on LexHAB's FY21 CPA funding request for Farmview. Mr. Makarious responded and said no but they were aware that there might be specific questions regarding the request and that Ms. Nelson's memo will not change their written opinion. Ms. Walker questioned whether the Town Counsel's memo was accurate in stating that LexHAB has money on hand to finish the project. Ms. Kosnoff explained that she met with LexHAB and they stated that if they did not have cash on hand they would still finish the project. Ms. Nelson stated that LexHAB could seek construction financing to finish the project and asked Mr. Makarious if the construction financing could be CPA eligible. Ms. Nelson asked if this could be done prospectively, similar to the 454 Marrett Rd purchase where the Town paid off LexHAB's mortgage with CPA funds. Mr. Makarious explained that the key point in the non-supplanting provision of section 6 of the CPA Statute, is that you cannot replace existing operating funds, only augment them. The loan repayment for 454 Marrett Rd is a different example because LexHAB owned a property with a mortgage; by appropriating money to pay off the loan LexHAB now owns a property without a mortgage, essentially a new asset. If LexHAB bought the property with cash then it would not be CPA eligible because it would be a reimbursement. Mr. Makarious stated that there could be 1 an argument that section 6 refers to operating funds and LexHAB's request is not operating funds but rather capital funds. Mr. Makarious stated that funding the project would be legally risky and is not in line with other Towns. A conservative position is to not reimburse for work previously done. Ms. Nelson stated that the statute only refers to operating funds. Mr. Makarious stated that the no supplanting section is an unclear area of CPA, and there is a legal risk at the Department of Revenue (DOR) and in the courts. Mr. Pato stated that he would like to defer LexHAB's Farmview request until after the Board of Selectmen (BOS) reviews it. He is concerned for many reasons and believes that the Board did not anticipate this request after the Town Manager signed the memo approving prior payments. Ms. Walker asked if Town Counsel might change their legal opinion based on the Ms. Nelson's memo. Mr. Makarious stated that their recommendation will not change and that it is a recommendation based on their interpretation of the law. Mr. Pressman stated that he thinks it is wrong to defer this to the BOS and the Committee can vote not to defer it to the BOS. Mr. Hornig stated that he would like to vote to place it on the warrant as TBD. After a motion duly made and seconded the Committee voted (7-0) to place LexHAB's Farmview request on the warrant as a placeholder with no figure given for FY20 & FY21 until the Selectmen discuss the req uest. Mr. Makarious discussed the legal opinion for the proposed project "Athletic Fields Feasibility Study". Mr. Makarious explained that it is not clear how this project would lead directly to CPA eligible capital improvements. An inventory or analysis it too broad to be eligible for CPA funding. Ms. Kosnoff explained that the CIP does not address specific Town-owned properties. The Committee discussed allowing Ms. Rhodes to go back to the Recreation Committee to revise the scope of the project to potentially be CPA funding-eligible or to withdraw the FY21 application. Ms. Rhodes stated that she will discuss the project with the Recreation Committee during their next meeting on 12-18-19. Debt Service- Ms. Kosnoff distributed an Excel spreadsheet to the Committee detailing CPA funds, projected revenues, and debt service (Community Preservation Fund Balance). Ms. Kosnoff stated that the spreadsheet is similar to the original one distributed on 11-7-19 with minor adjustments in the end of year balances and project buckets. The total amount of debt obligated to be paid in FY21 is $3,016,730. Preliminary estimates suggest that the Community Preservation Fund balance will be $5,239,178 after debt service and funding all FY21 project requests with the exception of the Athletic Fields Feasibility Study which was removed from the spreadsheet due to ineligibility. The bucketed amount for LexHAB 116 Vine Street Design Funds will be increased from $75,000 to $100,000 to enable study of the possibility of reusing the Hosmer House at the site. Ms. Kosnoff informed the Committee that the Center Track Note can be prepaid, but it is not very cost effective in regards to interest. After a motion duly made and seconded, the CPC voted (7-0) to approve debt service for FY21 funding. 2 Grain Mill Alley Review- Ms. Tintocalis, Economic Development Director provided the CPC with a memo dated 12-4-19 updating the Committee on the status of Grain Mill Alley. Ms. Fenollosa informed the Committee of Ms. Tintocalis' resignation from the Town effective 12-27-19. Mr. Hornig stated that he is interested in how the project has changed since the original appropriation and Ms. Fenollosa stated that the Town Manager will be taking over the project and the Committee can request him to appear at a meeting in the New Year to discuss the project if desirable. Potential FY21 CPA Funding Request- Ms. Fenollosa informed the Committee that the Director of Public Facilities, Mike Cronin, had reached out to see if a portion of the police station renovation could potentially be CPA-eligible. Ms. Fenollosa stated that CPA funds could not be used to fund new construction but it could be used to rehabilitate the existing building. Only two walls would potentially be eligible for funding. Mr. Cronin determined after speaking with Town Counsel that they are not going to pursue CPA funding. Vote for FY21 CPA Funding Request- After a motion duly made and seconded, the Committee voted to approve dollar amounts for FY21 funding. The CPC issued votes on the projects as follows: (a) Archives & Records Management- $20,000- (7-0) (b) Restoration of Margaret Lady of Lexington Painting-$9,000- (7-0) (c) Battle Green Master Plan- Phase 3- $317,044- (7-0) (d) Conservation Land Acquisition- $TBD- (7-0) (e) Daisy Wilson Meadow Preservation-$20,425- (7-0) (f) Athletic Facility Lighting-$450,000- (7-0) (g) Park Improvements- Hard Court Resurfacing- Valley Tennis Courts- $100,000- (7-0) (h) Park and Playground Improvements- Sutherland Park- $95,000- (7-0) (i) Park Improvements-Athletic Fields- Harrington, Bowman and Franklin- $370,000- (7-0) (j) Athletic Fields Feasibility Study- $TBD- (4-3-1) (k) Parker Meadow Accessible Trail Construction-$551,026- (7-0) (1) Wright Farm Site Access Planning and Design-$69,000- (7-0) (m)Lexington Housing Authority- Greeley Village Community Center Preservation - $130,000- (7-0) (n) LexHAB- 116 Vine Street Design Funds-$100,000- (7-0) (o) LexHAB Farmview Supplemental #2-$TBD- (7-0) (p) CPA Debt Service- $3,016,730- (7-0) (q) Administrative Budget- $150,000- (7-0) The vote for Archives & Records Management is contingent on the Historical Commission approving the documents to be preserved as historic resources. The Athletic Fields Feasibility Study was determined by Town Counsel to not be CPA funding-eligible. The Committee voted 3 to approve the project as a placeholder so that the Recreation Committee can revise the scope of the project to potentially be CPA funding-eligible or to withdraw the application. The Committee voted for LexHAB Farmview Supplemental #2 to be placed on the warrant as a placeholder with no figure given for FY20 & FY21 until the Selectmen meet and discuss the req uest. Review 2019 Needs Assessment Report- Ms. Fenollosa informed the Committee of minor typographical corrections made to the Needs Assessment Report. Mr. Horton suggested to elaborate on the word "archives" in the Lexington Historical Society paragraph of the Historic Resources section to describe what is included in the archives. After a motion duly made and seconded, it was voted (7-0) to present the Report as amended at the Public Hearing at 7:00 PM on 12-12-19 subject to any typos or format changes. Minutes-After a motion duly made and seconded, the minutes from the Public Meeting on 10- 31-19 and 11-7-19 were approved with minor non-substantive edits (7-0). The minutes from the CPC meeting on 11-7- 2019 Executive Session were postponed for discussion until the next meeting on January 9, 2020. The Committee will meet in Executive Session under Exemption 6 to discuss the minutes. After a motion duly made and seconded, the Committee voted (6-0-1) to reaffirm Ms. Fenollosa as Chair of the Community Preservation Committee. Ms. Fenollosa abstained. After a motion duly made and seconded, the meeting was adjourned at 6:03 PM. The following documents were used at the meeting: 1. Memo from Melisa Tintocalis dated 12-4-19 2. Grain Mill Alley layout plan dated 9-21-16 3. Grain Mill Alley layout plan dated 11-10-16 4. Patricia Nelson Letter to Town Counsel dated 11-26-19 5. Anderson Kreiger Memorandum dated 11-26-19 6. Ms. Fenollosa email to Town Counsel dated 11-7-19 7. Community Preservation Fund Balances Excel spreadsheet dated 12-5-19 8. 2019 Community Preservation Plan: A Needs Assessment- Draft 2 9. Minutes from 10-31-18 and 11-7-19 Respectfully submitted, Gina Federico Administrative Assistant Community Preservation Committee 4