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HomeMy WebLinkAbout2021-01-28-CEC-min JS�®pN�N Minutes of the �3 Lexington Capital Expenditures Committee (CEC) Meeting January 28, 2021 \ V APAIL 19 \..GEXI NGTQ Location and Time: Remote Meeting; 8:00 A.M. Members Present (remote participation): Charles Lamb, Chair; David Kanter, Vice-Chair & Clerk; Sandy Beebee; Wendy Manz (arrived 8:14 A.M.); and Frank Smith Members Absent: Rod Cole Others Present (remote participation): Members of Other Committees: Scott Bokun, School Committee (SC) liaison; Glenn Parker, Appropriation Committee (AC) liaison Town Meeting Member: Taylor Singh; Staff: Finance Department: Sara Arnold, Recording Secretary Documents Presented: • Notice of CEC Meeting, 28 Jan 2021 • Warrant Articles, 2021 Annual Town Meeting (ATM), as of 11 Jan 2021 with Mr. Kanter Strikethroughs of Proposed No Report by CEC & Underlined Proposed Reporting as of 20 Jan 2021 • Proposed CEC Nominations for 2021 ATM Consent Agenda, Prepared by Mr. Kanter, 24 Jan 2021 • Strawman Capital Expenditures Committee Report to 2021 ATM, 19 Jan 2021 • Lexington CEC Officers; Subject Areas & Liaison Assignments,15 Jan 2020 • Draft #3 of CEC Minutes for its January 14, 2021 Meeting Call to Order Mr. Lamb called this Remote (Virtual) Meeting, which had been posted as such, to order at 8:01 A.M. As all those present had been previously advised of the special conditions of this meeting, he passed on repeating them (i.e., 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 further reported that the documents for this meeting, which had been provided electronically to the Committee and would be available upon request, were those listed as Documents Presented. Any votes during this meeting would be taken by a roll call. This meeting is being recorded to assist in preparing Minutes, and the recording would be deleted once the Minutes were approved. Mr. Lamb took a roll-call vote and confirmed that four Committee members were remotely participating. Continued Discussion of the Status of this Committee's Report to the 2021 Annual Town Meeting (ATM) ("Report"); and other matters related to that Town Meeting Articles to be Included in this Committee's Report: Mr. Kanter led a discussion of the 2021 ATM Warrant Articles, as of 11 Jan 2021, with his strikethroughs of proposed Articles to exclude from the Report. During the initial discussion it was determined that alternative versions of the Warrant included different numbering for the Articles. Specific Articles discussed, using the numbers in the Strawman Report, included the following: Page 1 of 4 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting January 28, 2021 • Article 31 : Clean Heat—Authorize Special Legislation to Regulate Fossil Fuel Infrastructure: Mr. Lamb agreed to determine whether the special legislation would affect Town-owned buildings, in which case it likely would be appropriate for this Committee to include it in its Report. This will be revisited after Mr. Lamb has more information. Mr. Parker noted that the Appropriation Committee is not currently planning to comment on this Article. • Article 39: Amend General Bylaws—Stormwater Management (Chapter 114): It was suggested that this may be a pre-cursor to having land owners pay for stormwater runoff, which would decrease the Town's capital expenses, making it appropriate for this Committee to include comments in its Report. Mr. Kanter will obtain more information. Ms. Manz arrived at 8:14 A.M. Mr. Kanter provided her a summary of the preceding discussion on those two Articles. A Motion was made and seconded to correct the duplicate wording in Article 39 and remove Mr. Kanter's strikethrough, meaning it will be included in the report. Roll-Call Vote: 5-0 Consent Agenda: Mr. Kanter and Mr. Lamb led a discussion of Mr. Kanter's recommended nominations for the 2021 ATM Consent Agenda that he had prepared using the same Article numbers that had been included in the 2021 ATM Warrant, as of 11 Jan 2021 used in the previous discussion. Mr. Kanter explained that although he had considered the Select Board's (SB's) list of recommended Consent Agenda Articles, he had taken the position that the CEC could not only recommend that some Articles be removed, but that some additional Articles could be identified for inclusion. Based on last year's experience, this could result in the SB's list being expanded. He reminded that if anyone on the SB or either of the finance committees does not want an item on the Consent Agenda, it will not be included in the final list provided to the Town Moderator—and if several Town Meeting Members object during Town Meeting, that would cause a removal. Therefore, if any Committee member objects, that Article/sub-Article would not be included on this Committee's recommendations. Discussion included the following: • Article 5: Appropriate FY2022 Enterprise Funds' Budgets: It was agreed that this Article is not expected to be in our Report. • Article 10: Appropriate the FY2022 Community Preservation Committee (CPC) Operating Budget and CPA Projects: In response to Ms. Manz asking whether all of the sub-Articles could be on the Consent Agenda, Mr. Kanter said that, in his opinion, the projects should be presented separately for possible discussion at Town Meeting. • Article 12: Appropriate for Municipal Capital Projects and Equipment: o (f) Self-Contained Breathing Apparatus Replacement: Because this is a safety measure, it was agreed to change this to a Yes. o (h) Storm Drainage Improvements and NPDES Compliance: This, consistent with (g) Town Culvert Replacement, is programmatic, and therefore, it should be a Yes. • Article 13: Water System Improvements (b) Water Tower Replacement(s): This is just an analysis so should be a YES. This results in the entire Article being recommended for inclusion. Page 2 of 4 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting January 28, 2021 • Article 21 : Amend FY2021 Operating, Enterprise and CPA Budgets: There was discussion about recommending that this be included on the Consent Agenda if only the FY2021 operating budget is amended. Mr. Parker noted that the AC will not want this on the Consent Agenda, and Mr. Lamb opposed having it so included. It was decided to leave this Article as presented in the handout, with it not being included as a recommended Consent Agenda item. • Article 27: Amend Borrowing Authorization Conservation Land Acquisition: Mr. Kanter explained that he did not recommend this for the Consent Agenda because the Assistant Town Manager for Finance's had commented that there would be value in having this discussed at Town Meeting so that members understand the value of this change making the way 39 Highland Avenue all cash funded. It was agreed that the CEC would specifically recommend that this Article not be on the Consent Agenda. • Article 31 : Clean Heat—Authorize Special Legislation to Regulate Fossil Fuel Infrastructure: It was agreed include this Article in the listing, but to leave the position blank to indicate not supporting it on the Consent Agenda. Strawman Report: Mr. Kanter asked for comments and a preliminary vote on the Articles included in the Strawman Report. Starting on Page 42 of the Strawman Report, Mr. Lamb identified each Article and sub-Article, using the same Article numbers as in previous discussions. The only Articles that triggered discussion, were as follows: • Article 16: Appropriate for Public Facilities Capital Projects: (j) Lexington Police Station Improvements: This project is being postponed until a fall 2021 Town Meeting. Therefore, this will not be included in the back matter of the report where votes are reported, only in the front matter, which provides background information. • Article 19: Establish, Amend, Dissolve and Appropriate To and From Specified Stabilization Funds: It is premature to take a position on this Article; specific information is needed. • Article 24: Appropriate for Lexington High School Feasibility Study: It was noted that if the Massachusetts School Building Authority determines that Lexington's high school will not be included in its accepted list of projects this year, this Article will be indefinitely postponed. • Article 31 : Clean Heat—Authorize Special Legislation to Regulate Fossil Fuel Infrastructure: It was agreed to leave this blank until further information is provided, as discussed above. A Motion was made and seconded to approve a preliminary vote of 5-0 supporting all of the Articles in the Strawman Report, as discussed, except for Articles 16, 19 and 31, as identified above. Roll-Call Vote:5-0 Mr. Kanter agreed to update the Strawman Report and distribute it as a Draft #1. Approval of Minutes A Motion was made and seconded to approve the Draft #3 CEC Meeting Minutes for January 14, 2021, as presented. Roll-Call Vote:5-0 Page 3 of 4 Minutes of the Lexington Capital Expenditures Committee (CEC) Meeting January 28, 2021 Related to comments included in the now approved January 14, 2021 Minutes, Ms. Manz reported that the Center Streetscape Design Review Ad hoc Committee is no longer meeting, but it is not clear whether it has been dissolved. She will continue to attempt to make that determination. A small working group to oversee this project is apparently meeting, and Ms. Manz agreed to determine whether it would be appropriate for her to attend those meetings. She further agreed to serve as a liaison to that group, if appropriate. Member Concerns and Liaison Reports Mr. Parker reported that he had attended the Town Manager's Financial Guideline Working Group meeting on Monday. Mr. Smith noted that he had not been notified of the meeting and will contact the Town Manager's Office to ensure he receives future notifications. Mr. Parker said that Lexington's actuary, who is responsible for recommending funding for the Town's Other Post-Employment Benefits (OPEB) Fund, suggested that the Town should receive a two-phase funding plan for this fund that is consistent with current practice. It was agreed that this Committee does not need to meet on February 4, 2021, as previously tentatively scheduled. [Subsequently it was deemed necessary to have a meeting on that date.] Adjourn A Motion was made and seconded at 9:02 A.M. to adjourn. Roll-Call Vote:5-0 This Minutes was approved by the CEC at its meeting on February 4, 2021 Page 4 of 4