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HomeMy WebLinkAbout2020-03-19-CEC-min ���ry NC)bi btr��f} Y Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting March 19, 2020 AP"", Location and Time: Remote Meeting; 8:00 A.M. Members Present (all remote participation): Charles Lamb, Chair; David Kanter, Vice–Chair & Clerk; Rod Cole; Wendy Manz, and Frank Smith Member Absent: Sandy Beebee Others Present (all remote participation): Robert Burbidge, Chair, Lexington Housing Assistance Board (LexHAB); William Kennedy, Member, LexHAB; Carolyn Kosnoff, Assistant Town Manager for Finance Documents Presented: • Notice of CEC Meeting, March 19, 2020 • Pending Final CEC Report to the 2020 Annual Town Meeting (ATM), March 16, 2020; Article 19, Establish, Dissolve and Appropriate to and From Specified Stabilization Funds, Pages 60 & 61 • Pending 2020 ATM, Article 19 Motion (March 13, 2020) • Mr. Kanter's "Talking Paper Addressing concerns with the Use of Brookhaven Funds Under 2020 ATM, Article 19, Sub-Elements c & d"; E-mail, March 18, 2020, to CEC Members and Mr. Burbidge and Mr. Kennedy • Draft #3 Minutes of CEC Meeting, February 26, 2020 • Draft #3 Minutes of CEC Meeting, March 4, 2020 • Draft #3 Minutes of CEC Meeting, March 9, 2020 Call to Order Mr. Lamb called the meeting to order at 8:00 A.M. with a quorum of the members remotely participating. He announced the physical presence of a quorum had been waived by Massachusetts Governor Charles Duane Baker, Jr., because of the emergency situation caused by the COVID-19 virus. Mr. Lamb stated that any votes during this meeting would be taken by a roll call. A roll call was taken and confirmed that all the members and all the others present were remotely participating. Reconsideration of Position Taken on 2020 ATM Article 19 regarding use of the Affordable Housing Stabilization Fund • Discussion of the LexHAB Request for Funding under that Article's Motion, Sub-Elements c & d Mr. Burbidge and Mr. Kenney provided an explanation of the renovations planned to be accomplished, with the requested $111,000, to units currently under LexHAB's custody. They said many elements of the renovations would have to wait for the current occupant(s) to have left the unit. They also explained that while their initial intent was to apply those funds toward completing the on–going Farmview project that adds affordable housing units; the Town's Select Board required the funding request to be for the needed renovations. Mr. Kennedy also advised that they were planning to hold aside other LexHAB funds in anticipation for a project at the Town's already owned property on Vine Street—part of which had been designated for affordable housing. Pagel of 3 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting March 19, 2020 Mr. Kanter asked whether there is a report that describes LexHAB's current financial situation. Mr. Kennedy said there was and that it would be provided. Mr. Lamb thanked Mr. Burbidge and Mr. Kennedy for their participation and said that although the Committee would now proceed to another aspect of this reconsideration, they were welcomed to remain connected to this remote meeting, if they wished to do so. • Discussion of Mr. Kanter's Concerns with that Article 19. Mr. Kanter referred the Committee members to his Talking Paper which presented, in detail, his concerns. He then outlined for the members how the present plan, under the latest Motion he has seen for Article 19, disregards the explicit and unambiguous purpose of the Brookhaven Affordable Housing Mitigation Payments, as defined in the formal Memorandum of Understanding (MOU) between Brookhaven and the Town of Lexington that was signed by the Town on May 1, 2017. The purpose of that funding was for the Town to be able to apply the funds for additional affordable housing. However, as just confirmed by LexHAB in the discussion prior to this one, the request is for almost all of the first such Mitigation Payment—the sole funding in the Affordable Housing Capital Stabilization Fund (AHCSF)—to do renovation work on LexHAB's existing, affordable, housing. He also believed there should be no movement of the Mitigation Payment from its current location in the Affordable Housing Special Revenue Fund until the AHCSF has: (1) formally assured the current purpose for those Brookhaven funds will be honored, and (2) until "acquire" has been formally added to the AHCSF purposes as "acquire" is a common practice used by LexHAB in the process of adding new affordable housing. The Committee members then had an extended discussion with numerous questions being answered and the bases for each member's opinions were given. The discussion was ended by Mr. Lamb only after affirming that no member had anything further to offer. • Motions to Approve Article 19 A Motion was made and seconded to approve Part C (Deposit of Brookhaven Funds into the Affordable Housing Capital Stabilization Fund (AHCSF). Roll-Call Vote: 3-2 A Motion was made and seconded to approve Part D (Withdrawal from AHCSF to fund LexMedia renovation project). Roll-Call Vote: 3-2 After those votes, all the members expressed their serious concerns with how the LexHAB request had been surfaced at such a late date and without the usual involvement of this Committee, and that there was no public discussion by the Select Board of the usage of those Brookhaven funds contrary to the MOU's express purpose for those funds. The members were adamant that those concerns be included in our Report to the 2020 ATM along with the identification of the minority's position. Mr. Kanter, in coordination with Mr. Smith, was authorized to revise the Pending Final version of that Report to include those concerns and the minority's position, and then Mr. Kanter was to release that Report. (It is understood that release would mostly be limited to electronic means as general distribution in print awaits the availability of the Schools Print Center to do that complete printing.) Page 2 of 3 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting March 19, 2020 Minutes • Mr. Kanter presented Drafts #3 of the Minutes for CEC meetings on February 26, 2020, and on March 4, 2020, with minor amendments to each. A Motion was made and seconded to approve those Minutes, as amended. Roll-Call Votes:5-0 for the February 26, 2020, Minutes, and 4-0-1 for the March 4, 2020, Minutes (Ms. Manz abstained as she had not attended that meeting) • Mr. Kanter presented Draft#3 of the Minutes for CEC meeting on March 9, 2020. A Motion was made and seconded to approve that Minutes as presented. Roll-Call Vote: 5-0 Adjourn A Motion was made and seconded at 8:56 A.M. to adjourn. Roll-Call Vote: 5-0. This Minutes was approved by the CEC at its meeting on April 10, 2020. Page 3 of 3