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HomeMy WebLinkAbout2020-01-16-CPC-min Minutes of the Community Preservation Committee Thursday, January 16, 2020 Parker Meeting Room Town Office Building 1625 Massachusetts Avenue 4:00 PM Committee Members Present: Marilyn Fenollosa (Chair); Charles Hornig (Vice-Chair), David Horton, Jeanne Krieger, David Langseth, Joe Pato, Bob Pressman, Lisah Rhodes, Melinda Walker. Administrative Assistant: Gina Federico Other Attendees: Wendy Manz, Capital Expenditures Committee liaison to the CPC; Suzie Barry, Select Board Member, liaison to LexHAB (left 4:36 PM). Ms. Fenollosa called the meeting to order at 4:0013M. FY21 CPA Funding Request- LexHAB Selectmen Update and Mr. Pressman motion- Ms. Fenollosa updated the Committee on three CPA agenda items discussed at the Select Board (SB) meeting on 1-13-20. First, Mr. Hornig explained that the Select Board had approved the LexHAB Guidelines as submitted but suggested a few minor tweaks to be modified in the future.The Committee discussed some of the Select Board member concerns with the Guidelines, including reference to Lexington's Integrative Building Design Policy, Sustainability Lexington and a cleaner definition of"inflation". The CPC agreed to revisit the topic in the summer. Second, the Select Board voted to approve the transfer of Wright Farm to LexHAB. Ms. Fenollosa informed the Select Board that the "Community Preservation Act requires that a permanent restriction be placed on any "real property interest" acquired using CPA funds to ensure that the property continues to be used for the applicable CPA purpose" since the deed did not mention a permanent restriction.There will be either one restriction with two parts or two separate documents, one conservation restriction and one affordable housing restriction. Mr. Pato stated that the deed mentions attached documentation but the Board was not supplied with the documents. The third and final update from the Select Board meeting was that LexHAB withdrew their request for FY21 CPA funding and reaffirmed their commitment to the Town to complete the Farmview project. Mr. Pressman brought forth a motion to be funded through current year balances. "Items to be discussed if LexHAB application for$165,000 for future work, with funds to come from existing CPA housing balance, is not presented to CPC due to prior action of BOS, or not approved by CPC. Request for CPC to exercise its authority under CPA and Town Bylaw to approve a like 1 grant for presentation to Town Meeting along with other approved requests". Mr. Pressman explained why the Committee should consider granting funds to LexHAB for a project that they withdrew at the SB meeting on 1-13-20. Mr. Pressman explained that the Community Housing bucket in the Community Preservation Fund has ample monies to fund projects and that all other categories appropriate more, compared to Community Housing. Mr. Pressman stated that he knows of private meetings regarding Farmview and does not think it is appropriate. Ms. Fenollosa stated that the Committee does not seek projects and cannot control the imbalance of the category distribution. Mr. Hornig stated that he thinks it is important to respect LexHAB's decision to withdraw their application for CPA funding. Mr. Langseth stated that he is not familiar with the history of the project and asked if LexHAB did not withdraw their application would the project be eligible. Mr. Hornig stated that the funds requested for some of the work is eligible but only for work done after July 1, 2020 unless the prior year's budget is amended. Mr. Hornig stated that if the Committee passed Mr. Pressman's motion they would be guessing at what LexHAB wants. Ms. Kreiger stated that it is important that the SB approve the project and that the Committee should respect LexHAB's decision. Mr. Horton stated that if the Committee allowed Mr. Pressman's motion then we would be going against LexHAB's wishes and might hinder the anticipated FY22 Community Housing Leary request. Ms. Rhodes stated that appropriating money to LexHAB after they withdrew their application would be granting an unwanted gift. Mr. Pressman's motion was brought forth and not seconded. The motion failed. After a motion duly made and seconded, the Committee voted (8-1) to remove the Farmview Supplemental #2 request from the warrant. Mr. Pressman voted no. Review Draft of 2020 Annual Town Meeting Warrant-The Committee discussed the CPC draft warrant to the 2020 Annual Town Meeting. As earlier discussed, it was agreed upon to remove the Athletic Fields Feasibility Study and the Farmview Supplemental #2 request from the draft warrant. After a motion duly made and seconded, the CPC draft article to 2020 Annual Town Meeting was approved as amended (9-0). Executive Session under Exemption 6-The purpose of the session was to discuss edits to the minutes from the 11-7-19 Executive Session. After a motion duly made and seconded, it was voted by roll call (9-0) to enter into Executive Session at 4:36 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. At 4:43 PM, after a motion duly made and seconded, the CPC voted in a roll call vote (9-0) to exit Executive Session and return to Open Session to attend to the remaining agenda items. 2 Minutes- Ms. Walker suggested amending the minutes from 12-5-19 to clarify a statement she made. Mr. Pressman suggested amending the minutes from the Executive Session on 11-7-19 to include additional language. After a motion duly made and seconded, the minutes from the Executive Session on 11-7-19 were approved as amended but not authorized to be released until authorized to do so (7-0-2). Mr. Langseth and Ms. Rhodes abstained. After a motion duly made and seconded, the minutes from the Public Meeting on 12-5-19 were approved as amended (7-0-2). Ms. Kreiger and Mr. Langseth abstained. After a motion duly made and seconded, the minutes from the Public Hearing on 12-12-19 were approved as submitted (7-0- 2). Mr. Langseth and Mr. Pato abstained. Committee Business- Mr. Pressman requested that Ms. Fenollosa carbon copy (cc) the Committee when reaching out to Town Counsel via email. Mr. Pato stated that he does not recommend that the Chair cc the Committee, as it could be a violation of the Open Meeting Law and that correspondences to Committee members should come from a staff member (Ms. Federico). Ms. Fenollosa stated that such a distribution could also compromise the confidentiality of the communication. She noted that individual members could contact Town Counsel directly but reminded the Committee that all inquiries to Town Counsel must go through the Town Manager's office first. After a motion duly made and seconded, the meeting was adjourned at 5:01 PM. The following documents were used at the meeting: 1) Mr. Pressman Motion dated 1-9-20 2) Draft of Warrant to 2020 ATM 3) Minutes from 11-7-19 ES, 12-5-19 and 12-12-19 PH Respectfully submitted, Gina Federico Administrative Assistant Community Preservation Committee 3