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Home My WebLink About2020-04-10-CEC-min u5�®pN/N ;i8 Minutes of the �3 Lexington Capital Expenditures Committee (CEC) Meeting n' April 10, 2020 r, r A AIL 191 EXING10,' Location and Time: Remote Meeting; 2:30 P.M. Members Present (all remote participation): Charles Lamb, Chair; David Kanter, Vice-Chair & Clerk; Sandy Beebee; Rod Cole; Wendy Manz, and Frank Smith Members Absent: None Other Present (remote participation): Carolyn Kosnoff, Assistant Town Manager for Finance Documents Presented: • Notice of CEC Meeting, April 10, 2020 • CEC Report to the 2020 Annual Town Meeting (ATM), electronic release March 26, 2020 • Preliminary Timeline for 2020 ATM, April 7, 2020 (Town Moderator's e-mail, same date) • [Attached]Three Potential 2020 ATM Consent Agendas (CAs) (Potential CA Articles Select Board, Refer Back to Planning Board; Refer Back to Select Board), all dated April 9, 2020) • [Attached]2020 ATM Articles that are time Sensitive, April 9, 2020 • [Attached]Two Revised Motions (Article 16, Appropriate for Public Facilities Capital Projects, and Article 19, Establish, Dissolve and Appropriate To and From Specified Stabilization Funds); both dated April 9, 2020—Articles this Committee had addressed in its Report to the 2020 ATM • Proposed Procedure to reviewing and voting on the CAs and revised Motions (Mr. Kanter's e-mail, April 9, 2020, to the other Committee members) • Draft #1 of CEC Meeting, March 19, 2020 Call to Order Mr. Lamb called this Open Meeting, which had been posted as such, to order at 2:30 P.M. He announced the requirement to have a physical presence of a quorum had been suspended in an Executive Order by Massachusetts Governor Charles D. Baker, on March 12, 2020, after having proclaimed, on March 10, 2020, a STATE OF EMERGENCY in the Commonwealth due to the outbreak of the 2019 novel coronavirus, known as "COVID-19". Mr. Lamb announced the Documents Presented at this meeting and stated that any votes during this meeting would be taken by a roll-call vote—which he will call. He also announced that this meeting's video and audio was being recorded, but solely for the purpose of facilitating drafting the Minutes for this meeting and would be destroyed when that Minutes was approved. A roll-call vote was taken and confirmed that all six members and Ms. Kosnoff were remotely participating. Mr. Lamb turned the meeting over to Mr. Kanter, but retained calling all the roll-call votes. Mr. Kanter requested that the Approval of Minutes be taken up next and the rest of the Committee agreed. Page 1 of 11 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting April 10, 2020 Approval of Minutes Mr. Kanter moved, and it was seconded, that the Draft #1 of this Committee's meeting on March 19, 2020, as presented, be approved. Roll-Call Vote: 6-0 Discussion of any matters related to, or since, electronic release of this Committee's Report to the 2020 ATM. Mr. Kanter advised: • The Town's Select Board (SB) had, at its last meeting, unanimously supported the design for the new Police Headquarters retaining the enclosed garage and the new public entry; and the SB was then awaiting feedback from the Permanent Building Committee. • Of significance to our published report is that under our next Agenda item this Committee will be discussing and voting on revised Motions to Articles 16 & 19. • To satisfy our reponsibiity under the Town's Bylaw §29.13E, he had a small printing of our report done so that copies can be provided to the Cary Memorial Library and Town Clerk's Office. Other discussions regarding the 2020 ATM that is currently recessed until April 15, 2020. • Mr. Kanter advised that the Town Moderator's Preliminary Timeline for that ATM advised that the week of May 18, 2020, is considered the earliest possible date for a virtual ATM—and that date may be pushed out a week or more. • Mr. Kanter asked the other members if they had reviewed the procedures he had proposed for the reviewing and voting on the 2020 ATM CAs and revised Motions and, if so, his use of that procedure as he leads those actions which would incoporate for each CA identifying the proposed Committee position on each element as Abstention ("A"), Support ("S"), Some Objection ("V), or, for the non-CA list, Yes ("Y"). After discussion, all did agree with the procedure and coding. It was also understood that if the votes for the two accompanying Motions were different from those in this Committee's Report to the 2020 ATM, the changed votes would be included in a Supplement to that Report that he would draft for the Committee's approval. The results in each case: ➢ Potential CA Articles Select Board: ■ Items 1-7: "A"; Items 8-22: "S"; Item 23: "A"; and Item 24: "S". Roll-Call Vote: 6-0[No change from Report.] ■ Item 25 (Article 19, Establish, Dissolve, and Appropriate To/From Stabilization Fund): (X). o There was a short discussion of the first element (labeled "a)") of that Article. Roll-Call Vote: 6-0 [No change from Report, but elimination of what had previously been "a"is a change.] o There was an extensive discussion of the second element (labeled "b)"). Roll-Call Vote:3-3 (Ms. Beebee, Mr. Lamb, and Mr. Smith in favor, Mr. Kanter, Mr. Cole, and Ms. Manz in opposition)[Change from Report.] Page 2 of 11 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting April 10, 2020 o There was an extensive discussion of the third element (labeled "c)"). Roll-Call Vote:4-2 (Ms. Beebee, Mr. Lamb, Mr. Smith, and Ms. Manz in favor, Mr. Kanter and Mr. Cole, in opposition) [Change from Report.] o Following those votes for "b)" and "c)", Mr. Kanter advised the Committee that its failure to approve part "b)"—which provided the funding to be appropriated under "c)"—but its support for "c)", represented Committee positions that make the action under "c)" unachievable. None of the member wished to change their votes on either "b)" or "c)". ■ Items 26-29: "S". Roll-Call Vote: 6-0[No change from Report] ■ Iltems 30-34: "A". Roll-Call Vote: 6-0[No change from Report] ➢ Potential CA Articles where Motion will state refer back to Planning Board): Items 1-11 : "A". Roll-Call Vote: 6-0[No change from Report] ➢ Potential CA Articles where Motion will state refer back to SB: Items 1-6: "A". Roll-Call Vote: 6-0[No change from Report] ➢ Articles that are time sensitive: Items 1-3: "Y" and Items 4 & 5: "A". Mr. Kanter pointed out that the revised Motion for Item 2 (Articlel 6a, Police Indoor/Outdoor Firing Range) added "provided that any appropriation hereunder shall be subject to and contingent upon receipt of the Criminal Justice Training Council grant". While he objects to that recently added constraint, he, reluctantly, shall not take issue with that Motion. Roll-Call Vote: 6-0[No change from Report] Member Concerns and Liaison Reports Mr. Lamb asked about the current plans with regard to the reporting of this Committee, and others, under Article 2 of the 2020 ATM Warrant (Election of Deputy Town Moderator and Reports of Town Boards, Officers and Committee). While the formal, written, reports are usually received and placed on file under that Article, normally a spoken report—if there is one—is also given by the Chair to an ATM under that Article. Mr. Kanter reported that at an earlier planning meeting for the remote-access ATM, it was mentioned that although there would be some pre-recorded presentations on the other Articles, there would be no spoken reports under Article 2; the formal reports being the entity's report to this ATM. Ms. Kosnoff advised she had not heard any final decision on Article 2 spoken reports and that the Town Moderator should be asked about that matter. Mr. Cole expressed, for Ms. Kosnoff, his concerns regarding potential revenue shortfalls the Town might experience in FY2021 and asked what the Town plans for such shortfalls might be; in particular shortfalls due to the on-going COVID-19 pandemic. He understands the actions we discussed about not making two appropriations at the 2020 ATM in order to reserve Free Cash for such a revenue shortfall, but is looking for what overall planning is being done. Ms. Kosnoff advised that she, the Town Manager, the Town Budget Officer, and other staff, are just starting to analyze that. They are now preparing the 3rd-quarter report for the current FY2020 which will provide insight into, for example, the impact of reduced funding into the Revolving and Enterprise Funds, not only for FY2020, but also what may be in the future for FY2021. Page 3 of 11 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting April 10, 2020 Ms. Kosnoff also said that, in addition to using the reserved free cash, there may be consideration of applying some of the $10 million balance in the General Stabilization Fund, a Fund which is maintained for unexpected operating-revenue shortfalls. Mr. Cole said he appreciated that information and urged that, when practical and in the spirit of transparency, planning information should be made public. Mr. Kanter added that Mr. Cole had separately suggested a Financial Summit be scheduled as soon as practical to further the transparency. All the members expressed their appreciation that Ms. Kosnoff had not only joined this remote meeting, but remained with it throughout its entire length. Her contributions were welcomed and significant to this Committee's deliberations. Adjourn A Motion was made and seconded at 3:31 P.M. to adjourn. Roll-Call Vote: 6-0 This Minutes was approved by the CEC at its meeting on May 7, 2020. Three Attachments 1. Three Potential 2020 ATM Consent Agendas (CAs) (Potential CA Articles Select Board, Refer Back to Planning Board; Refer Back to Select Board); and 2020 ATM Articles that are time sensitive (all dated April 9, 2020) 2. A Revised Article 16 Motion (Appropriate for Public Facilities Capital Projects) (dated April 9, 2020) 3. A Revised Article 19 Motion (Establish, Dissolve and Appropriate To and From Specified Stabilization Funds) (dated April 9, 2020) Page 4 of 11 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting April 10, 2020 2020 Annual Town Meeting Potential Consent Agenda Articles Select Board 1. Article 2-Reports 2. Article 3-Cary Lecture Series 3. Article 4-Appropriate FY 2021 Operating Budget 4. Article 5-Appropriate FY 2021 Enterprise Funds Budget 5. Article 6 Establish Qualifications for Tax Deferrals 6. Article 7-Petition General Court to Amend Legislation Regarding Tax Deferrals 7. Article 9-Establish/Continue Departmental Revolving Funds 8. Article 10- Appropriate for Community Preservation Committee(Articles 10a-101 and 10n-10o only) 9. Article 11-Appropriate for Recreational Capital 10. Article 12-Appropriate for Municipal Capital and Equipment Program 11. Article 13-Appropriate for Water System Improvements 12. Article 14-Appropriate for Wastewater System Improvements 13. Article 15-Appropriate for School Capital and Equipment 14. Article 16b-Center Recreation Complex Bathrooms&Maintenance Bldg Renovation 15. Article 16c-Public Facilities Master Plan 16. Article 16d-LHS Science Classroom Space Mining 17. Article 16e-Townwide Roofing Program 18. Article 16f-School Building Envelopes and Systems 19. Article 16g-Municipal Building Envelopes and Systems 20. Article 16h-Facility and Site improvements-Building Flooring program and School Paving Program 21. Article 16i-Public Facilities Bid Documents 22. Article 16j-Public Facilities Mechanical/Electrical System Replacements 23. Article 17-Appropriate to Post Employment Insurance Liability Fund 24. Article 18-Rescind Prior Borrowing Authorizations-IP 25. Article 19-Establish,Dissolve,and Appropriate To/From Stabilization Fund 26. Article 20-Appropriate from Debt Service Stabilization Fund 27. Article 21-Appropriate for Prior Years Unpaid bills-IP 28. Article 22-Amend FY 20 Operating,Enterprise,CPA budgets 29. Article 23-Appropriate for Authorized Capital Improvements 30. Article 26-Amend Historic Districts Commission Enabling Legislation 31. Article 27-Amend General Bylaws-Noise Construction 32. Article 30-Land exchange(Citizen) 33. Article 31-Historic Preservation demo delay(Citizen)-IP 34. Article 32 Extend Hancock-Clark Historic District(Citizen)-IP 4/9/2020 1 Page 5 of 11 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting April 10, 2020 2020 Annual Town Meeting Potential Consent Agenda Articles Motion will state refer back to Planning Board 1. Article 35-Amend Zoning Bylaw-Distances from basement,slab or crawl space and groundwater 2. Article 36-Amend Zoning Bylaw-Short term rentals 3. Article 37-Amend Zoning Bylaw-Site plan review 4. Article 38-Amend Zoning Bylaw-Financial services 5. Article 39-Amend Zoning Bylaw-Solar energy systems 6. Article 40-Amend Zoning Bylaw-Wireless Communications Facilities 7. Article 41-Amend Zoning Bylaw-Technical Corrections 8. Article 43-Amend Zoning Bylaw and Map-Hartwell Ave Area 9. Article 44-Amend Zoning Bylaw and Map-Bedford St near Hartwell Ave 10. Article 45-Amend Zoning Bylaw-Front year,transition, and screening areas 11. Article 46-Amend zoning-Reduce GFA(Citizen) 4/9/2020 2 Page 6 of 11 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting April 10, 2020 2020 Annual Town Meeting Motion will state refer back to Select Board 1. Article 8-Short term rental fee 2. Article 24-Reduce Legal expenses(citizen) 3. Article 28-Amend general bylaws-(citizen) 4. Article 29-Declare climate emergence(citizen) 5. Article 33-Amend general bylaws-Running bamboo(citizen) 6. Article 34-Amend special legislation surcharge-(citizen) 4/9/2020 3 Page 7 of 11 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting April 10, 2020 2020 Annual Town Meeting Articles that are time sensitive 1. Article 10m-LexHab-116 Vine St Design funds 2. Article 16a-Police indoor/outdoor firing range 3. Article 16k-Westview Cemetery building construction 4. Article 25-Purchase of land(parking spaces) 5. Article 42-1050 Waltham st(developer) 4/9/2020 4 Page 8 of 11 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting April 10, 2020 Town of Lexington Motion 2020 Annual Town Meeting ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS MOTION: That the following amounts be appropriated for the following capital improvements to public facilities and that each amount be raised as indicated: a) Police Outdoor/Indoor Firing Range-$125,000 for schematic design for a firing range at Hartwell Ave,and that to meet this appropriation$125,000 be appropriated from the General Fund unreserved balance;provided that any appropriation hereunder shall be subject to and contingent upon receipt of the Criminal Justice Training Council grant, b) Center Recreation Complex Bathrooms&Maintenance Building Renovation- $100,000 for design and engineering costs to renovate the Center Recreation Complex bathrooms and maintenance building,and all incidental costs related thereto,and that to meet this appropriation$100,000 be appropriated from the General Fund unreserved balance, c) Public Facilities Master Plan-$100,000 to create a Public Facilities Master Plan,and that to meet this appropriation$100,00 be appropriated from the General Fund unreserved balance, d) LHS Science Classroom Mining-$150,000 to provide design and construction dollars to modify existing interior classroom spaces at Lexington High School and all incidental costs related thereto,and that to meet this appropriation$150,000 be appropriated from the General Fund unreserved balance, e) Townwide Roofing Program-$2,010,152 for replacing the roof at the Bridge Elementary School,located at 55 Middleby Road,Lexington,Massachusetts,including the payment of all costs incidental or related thereto(the"Project"),which proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program,and for which the Town has applied for a grant from the Massachusetts School Building Authority ("MSBA"),$2,010,152 amount to be expended under the direction of School Committee. To meet this appropriation the Treasurer,with the approval of the Select Board,is authorized to borrow said amount under M.G.L. Chapter 44,or pursuant to any other enabling authority. The Town acknowledges that the MSBA's grant program is a non-entitlement,discretionary program based on need,as determined by the MSBA,and if the MSBA's Board of Directors votes to invite the Town to collaborate with the MSBA on this proposed repair project,any project costs the Town incurs in excess of any grant that may be approved by and received from the MSBA shall be the sole responsibility of the Town;and that,if invited to collaborate with the MSBA on the proposed repair project,the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the Town and the MSBA. I) School Building Envelope and Systems Program-$239,285 for extraordinary repairs and modifications to school buildings and systems,and that to meet this appropriation $239,285 be appropriated from the General Fund unreserved fund balance, g) Municipal Building Envelopes and Systems-$208,962 for extraordinary repairs and modifications to municipal buildings and systems,and that to meet this appropriation $208,962 be raised in the tax levy, 1 Page 9 of 11 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting April 10, 2020 Town of Lexington Motion 2020 Annual Town Meeting h) Facility and Site Improvements-$250,000 for building flooring programs,school paving and sidewalk program,and school traffic safety improvements,and that to meet this appropriation$250,000 be appropriated from the General Fund unreserved fund balance, i) Public Facilities Bid Documents-$100,000 for professional services to produce design development,construction documents,and bid administration services for capital projects,and that to meet this appropriation$100,000 be appropriated from the General Fund unreserved fund balance, j) Public Facilities Mechanical Electrical System Replacements-$672,000 for replacement of HVAC and electrical systems that have exceeded their useful life,and that to meet this appropriation$672,000 be appropriated from the General Fund unreserved fund balance, k) Westview Cemetery Facility Construction-$3,290,000 be appropriated for the construction of a new administration and maintenance building located at the Westview Cemetery,including the costs of demolition,architectural and engineering services, original equipment,furnishings,landscaping,paving,and other site improvements incidental or related to such construction,and that to meet this appropriation the Treasurer,with the approval of the Select Board,is authorized to borrow$3,290,000 under M.G.L. Chapter 44, Section 7,or any other enabling authority.Any premium received by the Town upon the sale of any bonds or notes approved by this vote,less any such premium applied to the payment of the costs of issuance of such bonds or notes,may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws,thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. (Revised 04/09/2020) 2 Page 10 of 11 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting April 10, 2020 Town of Lexington Motion 2020 Annual Town Meeting ARTICLE 19 ESTABLISH,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED STABILIZATION FUNDS MOTION: a) That$3,500,000 be appropriated from the Capital Stabilization Fund for projects excluded from the limits of Proposition 2'/z;and b) That$111,922 be appropriated to the Affordable Housing Capital Stabilization Fund, and to meet this appropriation$111,922 be appropriated from the Affordable Housing Special Revenue Fund,and further,that in accordance with M.G.L. Chapter 40,Section 5B paragraph four,that any payments made to the Town by Symmes Lifecare,Inc. d/b/a Brookhaven at Lexington for the purpose of affordable housing be deposited into said Affordable Housing Capital Stabilization Fund;and c) That$111,000 be appropriated from the Affordable Housing Capital Stabilization Fund to fund renovations and capital improvement projects at properties in the Town's affordable housing inventory that are managed by the Lexington Housing Assistance Board,Inc. ("LexHab"). (Revised 04/09/2020) 1 Page 11 of 11