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HomeMy WebLinkAbout2020-11-12-CPC-min Minutes of the Community Preservation Committee Thursday, November 12, 2020 Remote Zoom Meeting Meeting ID: 938 2031 5555 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 (arrived 4:16), Melinda Walker. Administrative Assistant: Gina Federico Other Attendees: Wendy Manz, Capital Expenditures Committee liaison to the CPC; Harriet Cohen (arrived 4:30), Treasurer, Lexington Housing Foundation; Mike Cronin, Director of Public Facilities; Jeri Foutter (arrived 4:23), President, Lexington Housing Foundation; Shawn Newell, Assistant Director of Public Facilities; Betsey Weiss (arrived 4:17), Vice-Chair, Housing Partnership Board. Ms. Fenollosa called the public meeting to order at 4:10 PM. FY22 CPA Funding Request- Public Facilities- Playground Enhancements- Pour-in-Place Surfaces- Mr. Cronin requested $150,000 in CPA funds to install Pour in Place (PIP) safety surfacing at the Harrington Elementary School. PIP is a rubber/ urethane product that drains extremely well, aides in melting snow and is impact absorbent. Currently, there is bark mulch at the Harrington playground that is regularly washed out or kicked out by the students during play. When this occurs, the impact absorbent surfacing requirement of 12 inches is no longer met and could cause injury. PIP cannot be kicked or washed out and will maintain its required safety depth. Mr. Newell explained that neighborhood parks are managed by the Recreation Department and Public Facilities manages school playgrounds. Ms. Fenollosa asked if there is an annual maintenance cost. Mr. Newell stated that bark mulch is replaced every year and PIP only needs to be replaced every 15 years. There is little to no maintenance for PIP besides edge maintenance unless an area is torn up or vandalized. Mr. Horton asked if the surface under the swings gets pushed up like the bark mulch does. Mr. Cronin explained that PIP has air pockets so that it cannot get pushed up. When children put their feet down while swinging they actually slow down. Ms. Fenollosa asked how PIP will affect the playground equipment that is currently in place. Mr. Newell stated that you can join PIP surfaces together because it has a bonding agent.The material gets poured around existing equipment and bonds together. Mr. Langseth asked about the potential toxicity of the PIP material. Mr. Newell stated that this material is widely used but he will reach out to the 1 manufacturer about potential toxicity and forward their response to the Committee. Mr. Langseth asked if the material was made out of recycled tires and if so there is a concern that bits could be ingested. Mr. Newell explained that the oldest playground with PIP is Estabrook and there has not been a problem with PIP surfacing crumbling and maintenance is performed on the edges to avoid crumbling. Mr. Langseth stated that he saw conflicting information online and would hope that it would be researched to see if PIP is an appropriate material. Ms. Fenollosa asked if there is a concern about runoff. Mr. Newell explained that PIP has excellent drainage and that Fibar is what they are concerned about for runoff. Mr. Pato stated that this material should be included in the Toxic Use Reduction (TUR) process that evaluates how materials are used through Town.The intent is to make sure hazardous materials are handled properly and that toxic materials used in construction or in fittings for furniture or other equipment are eliminated and other safer materials are used. Mr. Cronin stated that PIP will be evaluated in the TUR process. The Committee voted by roll call in a straw poll to support the project (9-0). Mr. Cronin and Mr. Newell left the meeting at 4:30 PM. FY22 CPA Funding Request- Place Holder- Lexington Housing Foundation- Ms. Fenollosa updated the Committee on the status of Lexington Housing Foundation (LHF) FY22 CPA application. Based on Town Counsel's response their first request as structured would not be eligible for CPA funding.The Committee granted an extension to the LHF so that they could restructure their request to make the project eligible for CPA funding. LHF sent a revised request that was forwarded to Town Counsel to see if it was eligible for funding under Community Housing or Administrative funds. Town Counsel responded that the revised request is closer to the first idea of a general review of districts rather than a more focused approach on individual projects. Ms. Foutter addressed the Committee and asked for more information about the CPA process to be better prepared for future funding requests. Ms. Fenollosa explained the CPC process starting with advertising in the Minuteman and ending with Town Meeting. Projects are sent to Town Counsel before they are recommended to Town meeting to see if they comply with the CPA statute. When the LHF application was submitted, Ms. Federico sent the request to Town Counsel for review because it was not clear which category the request qualified for. Ms. Manz stated that she is not up to date with Town Counsel's response. Mr. Hornig stated that Town Counsel believes that the project does not create or support community housing based on the statute definition. Ms. Fenollosa stated that the project needs to tie to a specific parcel according to Town Counsel. Mr. Hornig stated that the project is important and other sources of funding should be pursued since the CPF is not an applicable source. 2 Ms. Walker presented her memo, stating she was concerned by the Town Counsel's opinion that the LHF's application was too attenuated. Because she felt there was a precedent for funding similar studies, Ms. Walker used the search tool on the Coalition's website using 'housing' and studies' as her search criteria) to create a list of feasibility studies and housing production plans funded through CPA. She said she is hoping for further clarification on the matter. Mr. Pressman stated that he is also concerned about Town Counsel's opinion because it was a quick decision. Ms. Fenollosa stated that Mr. Pressman can set up a meeting with Town Counsel and the Town Manager to discuss Town Counsel's opinion. Mr. Pressman stated that last year Town Counsel attended a CPC meeting via conference call and asked why that is not appropriate now. Ms. Fenollosa stated that Town Counsel needs to hear Mr. Pressman's opinion and that Town Counsel should not be put on the spot. Mr. Pressman stated that Ms. Walker's memo frames the issue. Ms. Fenollosa stated that she sent the memo to Town Counsel. Ms. Fenollosa stated that she would like Mr. Pressman to have the meeting and if Mr. Pressman is not satisfied after the meeting then we can invite Town Counsel to a future CPC meeting. Mr. Hornig stated that he understands Town Counsel's opinion and LHF needs to tie the request to an actual location or owner. Ms. Cohen, Ms. Foutter and Ms. Weiss left the meeting at 4:59 PM. 2020 Needs Assessment Report- Ms. Fenollosa reminded the Committee of the November 24th deadline to submit edits to Ms. Federico. The Committee will discuss the first draft of the Needs Assessment on December 3rd and will hold a Public Hearing on December 17th. Committee Business- Ms. Federico discussed the meeting schedule with the Committee and suggested the next meeting date of December 3rd to discuss debt and to review the first draft of the 2020 Needs Assessment Report. Ms. Fenollosa informed the Committee of the FY21 State Match. With the increased fees at the Registry of Deeds Lexington received a 29.7% or $1,549,955 match. The Coalition announced that there would not be a budget surplus. After a motion duly made and seconded, it was voted by roll call (9-0) to adjourn the meeting at 5:04 PM. The following documents were used at the meeting: 1) Facilities CIP 2) Ms. Walker's Memo-dated 11-12-2020 Respectfully submitted, Gina Federico Administrative Assistant Community Preservation Committee 3