Town Council - Ways & Means Committee

MEMBERS Braintree Town Council Meredith Boericke, Chairwoman Committee of Ways & Means Charles Ryan, Vice-Chair One JFK Memorial Drive Donna Connors, Member Braintree, Massachusetts 02184 Julia Flaherty, Member Steven Sciascia, Member MINUTES Tuesday, July 28, 2020 A meeting of the Committee of Ways & Means was held Remote via Zoom Webinar, on Tuesday, July 28, 2020 at 6:00p.m. Councilor Boericke was in the Chair. Clerk of the Council, Susan M. Cimino conducted the roll call. All votes were taken by Roll Call Vote. Present: Meredith Boericke, Chairwoman Charles Ryan, Vice-Chair Donna Connors, Member Julia Flaherty, Member Steven Sciascia, Member Also Present: Nicole Taub, Chief of Staff/Town Solicitor Ed Spellman, Finance Director John Goldrosen, Assistant Town Solicitor Christine Stickney, Director Planning & Community Development James Arsenault, DPW Director Melissa Santucci-Rozzi, Assistant Director Planning & Community Development Kerry Piccolo, resident (Morrison Outdoor Classroom) John Riordan, Principal Morrison School Steven Leary, Assistant to the Mayor George Clements, Developer Michael Modestino, Attorney William Proulx, resident Matt Gaines, Attorney July 28, 2020 Ways & Means Committee 1 of 10 Approval of Minutes • May 6, 2020 Motion by Councilor Ryan to Approve Minutes of May 6, 2020 Motion: by Councilor Ryan to Approve Minutes of May 6, 2020 Second: by Councilor Sciascia Roll Call Vote: For (5–Boericke, Connors, Flaherty, Ryan, Sciascia), Against (0), Absent (0), Abstain (0) Old Business • None New Business • 20 045 Mayor: Request for Appropriation - CPA funds for the land purchase at Liberty and Grove Streets or take up any action relative thereto Nicole Taub, Chief of Staff stated this is for a purchase of a 1.8 acre of land at the corner of Liberty and Grove Streets. This is part of a larger proposal with George Clements to revamp the corner of Liberty and Grove. Councilor Connors asked what the $55,000 in admin costs includes. Nicole Taub, Chief of Staff replied legal fees, survey and bounds, environmental study, open space monitoring, land restriction and additional $1,500 for any miscellaneous items due with the purchase. Councilor Connors asked is it in the budget to maintain the land. Nicole Taub, Chief of Staff replied we would look to incorporate that into the existing funding. We are not seeking any additional funding at this time for the maintenance of the property. Councilor Connors asked about lots 2 and 3 called ANR. Could you build two single-family houses on that lot without any further rezoning’s. Christine Stickney, Director of Planning and Community Development stated yes. That is correct. Councilor Flaherty stated with this we will be acquiring the house built in 1693/1695. This is a rare piece. I do not think there are many houses that old. Do we have further information on ways we would proceed with historic preservation? Christine Stickney, Director of Planning and Community Development stated the CPA act has different activities that are eligible for their funds to be used being historical preservation, affordable housing, open space and recreational. We would be back to ask for more funding depending on what happens. Nicole Taub, Chief of Staff whether rented or sold there would be a restriction on this house to maintain its historic status. Melissa Santucci Rozzi stated additional funds would assist in the upgrade of the structure and once a restriction is put in place, we will be turning something over that has been rehabilitated and restored. Councilor Boericke asked about the $55,000 itemized breakdown. July 28, 2020 Ways & Means Committee 2 of 10 Nicole Taub stated it is on page 6 of the application itself – the last page of the application. Councilor Boericke asked if the 1.8 acres includes the house as well. Melissa Santucci Rozzi stated the total acquisition is 1.8 acres and the house is included in that area. Councilor Boericke asked about the wetlands and if this needs to go through the Conservation Commission. Christine Stickney stated the Conservation Commission has jurisdiction 100 feet out from any resource wetland area. The assumption is there may require conservation on any of this parcel. The Chapter 184 restrictions are actually more than the Conservation Commission would normally require. Chairwoman Boericke stated she is opening questions up to the public at this time. Matt Gaines, attorney who represents William and Gail Proulx owners of 371 Grove Street. Mr. Gaines asked for an additional piece of land be purchased to give more of a buffer to his clients. Nicole Taub, Chief of Staff/Town Solicitor stated I would note objection. I would suggest Attorney Gaines and Attorney Modestino continue discussions. Tonight this current appropriation meets all the statutory requirements set out for the purchase proposed. Christine Stickney, Director of Planning and Community Development stated for the last 6 years we have been working on a Comprehensive Zoning Project. This intersection was one area we looked at and proposed to rezone it to General Business and 1006 Liberty also asked to be rezoned to GB. If that had happened it would have been more of an impact to Mr. Prouxl. This has been given a lot of thought and has been looked at for a number of years. Mr. Clements, applicant stated we have been working with the Prouxl’s to address some of their concerns. Attorney Modestino stated I did speak with Attorney Gaines today and will continue those discussions but I don’t think they have anything to do with the appropriations tonight. We will try to protect the abutter as best we can. That is not the matter before us. Willam Proulx, 371 Grove Street stated thank you to the Councilors he met over the past 2 weeks. Just want to mention the historic house has been lived in for many years. Significant funds would have to be outlaid for that in the future. It was stated the remainder would be for open space. The big part is the buffer. A letter I wrote I stated on March 11 we had a conversation with the Mayor who proposed buffering. Additional Questions/Answers were asked from members: Affordable Housing • What is the justification for how this CPA purchase contributes to affordable housing in Braintree as described in the statement of need? • I am unclear how the CPC purchase achieves any of the Affordable Housing criteria #1 - #6 as listed. As stated on the document, none of those appear to improve, enhance or provide affordable housing. On page 1 of the application, it states that there would only be one unit of potential affordable housing. Can you please provide clarity? July 28, 2020 Ways & Means Committee 3 of 10 The affordable housing component of the purchase relates to the existing dwelling at 1006 Liberty Street. The community housing goals are as follows: • Maintain or enlarge the Town’s percentage of affordable housing units; • Ensure affordability in perpetuity; • Promote reuse of existing buildings and housing stock for affordable housing; • Encourage private/public partnerships; • Bring current affordable housing up to code or make it accessible; and • Preserve or enhance existing affordable housing. If the decision is made to (1) rehabilitate the house and sell it or (2) rent it as an affordable unit, the use will meet all of the affordable housing goals. By purchasing the properties from “unrestricted” fund, it allows the Town flexibility in determining the most appropriate use for the area within the confines of the Community Preservation Act. This is one option for the future use of the property once the Town takes ownership. Wetlands • To what extent will the purchase of this land protect the wetlands over and above a 96-unit residential complex? The proposed 40B surrounds the entire wetland perimeter, while the proposed purchase of the parcels would allow the Town to maintain an open-space buffer between the business use at the intersection and the residential parcels along Liberty Street, Sycamore Road and Thetford Avenue. This proposal would also ensure the preservation of more than ½ of the property in its current vegetated state. Use of the Property • Is an estimate available on the cost of a "pocket park," and would that money also need to be allocated through Community Preservation Funding? This request is not asking for funding to build a Pocket Park—the funds requested are for the acquisition ($1,360,000) and associated administrative costs ($55,000). The items noted in the request are potential uses for the parcels once acquired and the use of money from the “unrestricted” fund provides the Town with flexibility in determining the most appropriate use for the area. All future work, activities and improvements will be subject to further consideration and receipt of public input. • If we purchase a historical house, what then is our vision for what we will do with that purchase? Historic Preservation and Affordable Housing. The ultimate use would be determined at a later date with input from the public. If it is determined that affordable housing is the best use of the dwelling at 1006 Liberty Street, it can be rehabilitated and sold (or rented) to an eligible household as an affordable unit. • Is the DPW staffed and budgeted for the maintenance and upkeep of that property? If not, what is the plan for so doing? July 28, 2020 Ways & Means Committee 4 of 10 The Town will allocate necessary resources for maintenance of the additional property upon taking ownership. • Is retention/preservation of historical properties part of any prior community planning documents (I'm thinking something similar to our Open Space and Rec. Plan, for example)? Does the Mayor's office have a vision for use of the historical house? See information provided above. Tax Revenue • Can you please confirm that once the Town takes ownership of that property, its tax revenue will no longer be collected? That is correct. The Town would not be required to pay taxes on property it owns. • What are the annual revenue projections for the CVS and what are the annual revenue projections for the 96-unit apartment complex? It is difficult to determine the tax revenue for both the 40B project and the proposed CVS and the following are approximations based on information presently available. These values are subject to change pending further financial analysis. Based on a pharmacy/store model, the taxes could be in the $90,000 range. The property at Capens Circle is valued at $3,086,300 and has a tax bill of $67,312.20; however, the Assessors Office anticipates that a new store will yield a higher tax revenue. While the tax revenue for a residential complex of this size could be in the $210,000 range, it would be largely offset by an expense of approximately $15,000 per student. Further, there would be an impact on other Town resources resulting from residential use (for example, public safety costs and utilities) that would be factored into the analysis. On the contrary, commercial values have historically been more stable in tax revenues. Purchase • What is the ANR and what are the implications? • Pg. 73 – is it accurate to state that the appraiser’s assessment is that the best use for the three lots under consideration for purchase with CPC funds is for residential development? When using CPA funds to purchase private property, a municipality may not acquire the property “for a price exceeding the value of the property.” (G.L. c. 44B, §5(f)). The Appraisal Report provides an informed estimate of the value of the parcel to be purchased, based on its “highest and best use” defined as, “the reasonably probable use of property that results in the highest value.” In other words: based on potential uses of the parcel, what is the parcel’s market value if the current owner were to put the parcel up for sale to a buyer or buyers, other than the Town? Based on the current zoning of the parcels available for purchase, Res A and Res B, the appraisal is based on residential as the highest and best use. As a basis for determining the potential value of the parcel, a plan was prepared that showed that three residential lots could be created from the parcel, July 28, 2020 Ways & Means Committee 5 of 10 based on current zoning dimensional requirements. The plan is called an “ANR” or “approval not required” plan because it shows lots that could be created without constructing new roadways that would require Planning Board approval under the Subdivision Control Law. The Appraisal Report establishes the market value of the parcel as a whole, based on the market value of the three potential lots. Once the Town retains ownership and the ultimate use is determined, the property may be divided differently (for example, into 2 lots—one for housing/historic use and one for open space/recreation use). Chairwoman Boericke stated this helps us achieve the town’s 2018 plan for open space and recreation to protect undeveloped, remaining open space. It provides better protection for the wetlands which is vital for the environment and providing climate change resiliency. Motion was read by Councilor Ryan for favorable recommendation to the Full Council Order 20 045. MOTION: That in accordance with the provisions of Chapter 44B of the General Laws and with the recommendation of the Community Preservation Committee, the sum of $1,415,000 be appropriated from the CPA Unreserved Fund in order to acquire a parcel of land located off Liberty and Grove Streets containing approximately 1.8 acres and consisting of portions of Assessors Map Parcels 1109-0- 6, 1109-0-6A, and 1109-0-6B, said parcel being identified as “CPC Area” on a plan entitled “Liberty/Grove Development and Preservation Plan at 357 & 365 Grove Street / 1006 Liberty Street in Braintree, Mass.”, prepared by Hardy + Man Design Group, PC, dated June 22, 2020. The purposes of the acquisition include the acquisition, creation and preservation of open space; the acquisition, preservation, rehabilitation and restoration of historic resources; the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; the acquisition, creation, preservation and support of community housing; and/or the rehabilitation or restoration of open space and community housing that is so acquired or created. The appropriation includes $1,360,000 for the parcel purchase price, and $55,000 for associated costs. Said sums are to be expended under the direction of the Mayor, with the assistance of the Director of Planning and Community Development. Further, that the Mayor be authorized to accept a deed for said parcel and to take any other action necessary to accomplish the acquisition of said parcel, and that the Mayor also be authorized to grant such permanent restrictions on said parcel (or a portion thereof) as may be necessary to meet the requirements of Chapter 184 of the General Laws, Sections 31 and 32, as required by Chapter 44B of the General Laws, Section 12. Motion: by Councilor Ryan for favorable recommendation to the full Council Order 20 045 Second: by Councilor Connors Roll Call Vote: For (5 – Boericke, Connors, Flaherty, Ryan, Sciascia), Against (0), Absent (0), Abstain (0) July 28, 2020 Ways & Means Committee 6 of 10 • 20 049 Mayor: Acceptance of Donations or take up any action relative thereto Nicole Taub, Chief of Staff stated this is to accept three separate financial gifts generously made to the Town. Two gifts from former Mayor Joseph C. Sullivan. One for $40,000 to establish the Braintree Blue Education Scholarship. The funds would be used as an annual award for $1,200 per scholarship to a Braintree High School graduate attending a Massachusetts college or public university expressing an interest in government with a preference to those attending the University of Massachusetts Amherst. The $2,000 donation is also from former Mayor Joseph C. Sullivan to be deposited into the Veterans Donation Fund. This fund is authorized for uses that would include food gift cards, and the use of uber or taxi services for medical appointments for our veteran community. An anonymous donation of $50,000 was made specifically for walking paths and exercise stations around the Abraham Lincoln Park. This will be overseen by DPW Director Jim Arsenault and Nelson Chin, Director of Parks & Recreation. Councilors stated they would like to see a plan of this walking path. Motion read by Councilor Ryan for favorable recommendation to the Full Council Order 20 049. MOTION: That the Town of Braintree be and hereby is authorized, in accordance with Section 53A of Chapter 44 of the Massachusetts General Laws to accept the following gifts upon the conditions attached and herein set forth: DONOR GIFT PURPOSE Joseph C. Sullivan $40,000.00 Braintree Blue Scholarship Joseph C. Sullivan $2,000.00 Veterans Donation Fund Anonymous $50,000.00 Abraham Lincoln Park- Walking Path Motion: by Councilor Ryan for favorable recommendation to the full Council Order 20 049 Second: by Councilor Connors Roll Call Vote: For (5 – Boericke, Connors, Flaherty, Ryan, Sciascia), Against (0), Absent (0), Abstain (0) Councilor Ryan left the meeting at 7pm. July 28, 2020 Ways & Means Committee 7 of 10 • 20 050 Mayor: Request for Appropriation –Archie T. Morrison Elementary School-Outdoor Classroom or take up any action relative thereto Nicole Taub, Chief of Staff stated this appropriation would be from the CPA unreserved funds for open space for an outdoor classroom for Morrison Elementary School. John Riordan, Principal Morrison School and Kerry Piccolo, resident/parent at Morrison Elementary School were in attendance excited for this outdoor classroom. Councilors felt this is a good time for schools to be creating outdoor classrooms. Motion read by Councilor Connors for favorable recommendation to the Full Council Order 20 050. MOTION: That in accordance with the provisions of Chapter 44B of the General Laws and with the recommendation of the Community Preservation Committee, the appropriation of $100,000.00 from the CPA Unreserved Fund for the capital improvement of recreational/open space area for the creation of an outdoor classroom on the grounds of the Archie T. Morrison Elementary School located at 260 Liberty Street (Assessors Map 3030 Plot 1) conditional on the funds expended under the Community Preservation Committee and the Director of Planning and Community Development and (2) with School Department approval. Motion: by Councilor Connors for favorable recommendation to the full Council Order 20 050 Second: by Councilor Sciascia Roll Call Vote: For (4 – Boericke, Connors, Flaherty, Sciascia), Against (0), Absent (1 - Ryan), Abstain (0) July 28, 2020 Ways & Means Committee 8 of 10 • 20 054 Mayor: Transportation Infrastructure Enhancement Trust Fund or take up any action relative thereto Nicole Taub, Chief of Staff stated the Town has received funds from the Commonwealth's Transportation Infrastructure Enhancement Trust Fund. . For calendar year 2019, the assessment was $0.20 per ride. The funds are proportionately distributed based on the number of rides that originated in each municipality within the Commonwealth. In calendar year 2019, 502,199 TNC rides initiated in Braintree, resulting in revenue in the amount of $50,219.90. This is an increase over funds received in prior years, which totaled $41,757.70 in FY20 and $30,299.30 in FY19. The intended use of the funds in FY21 is to support traffic calming measures throughout the Town. Councilor Connors asked if these funds will be used for general traffic calming or is there a designated use. Director Arsenault stated for this year we are trying to close out traffic calming neighborhoods we have done in the past which are Granite Park, Dyer Hill, and Hawthorn and we are trying to close out those areas with that funding. Chairwoman Boericke asked about the traffic calming program and if it will be continuing. Director Arsenault stated considering the Traffic Engineering job is gone it is hard to put a focus on it. We may consider smaller opportunities but cannot have the same focus we did when we had a dedicated position to it. Motion by Councilor Connors for favorable recommendation to the Full Council Order 20 054. MOTION: That the sum of $50,219.90 received from the Commonwealth of Massachusetts Transportation Infrastructure Enhancement Trust Fund be appropriated to Department of Public Works to be spent in accordance with St. 2016, c. 187, s. 8(c)(i). Motion: by Councilor Connors for favorable recommendation to the full Council Order 20 054 Second: by Councilor Sciascia Roll Call Vote: For (4 – Boericke, Connors, Flaherty, Sciascia), Against (0), Absent (1 - Ryan), Abstain (0) July 28, 2020 Ways & Means Committee 9 of 10  Topics the Chair does not reasonably anticipate will be discussed Chairwoman Boericke stated I would like to utilize under “Topics the Chair does not reasonably anticipate will be discussed” requesting from the Mayor’s office an update on the following: The Master Plan appropriation of funds; can we get an update on the RFP and the Steering Committee and the Allen Street RFP; if we can get an update on timing on that as well. Nicole Taub, Chief of Staff stated the Master Plan RFP and the Steering Committee we decided the Town and The Community would best be served if we wait to begin the process until we can actually meet in our neighborhoods. We think it is really important for the individuals who serve on the Steering Committee as well as the consultant to go out into the neighborhoods and truly experience the different personality and character that each of our communities has to offer. As a result we have held off on publication of the RFP for the visioning portion of the process until we are closer to or in a safe place to do that. As for the Steering Committee we have finalized the application and intend to put that up on the website and social media channels so individuals can begin to express their interest. As for Allen Street, on August 5, 2020 the advertisement for the sale of Allen Street will publish in the central register and the next day the legal notice will be published. The RFP will then be available for a download from the website and hard copies available at Town Hall. Councilor Flaherty asked if you discussed this decision to wait on the Master Plan RFP with any consultants. We might be waiting a very long time. Nicole Taub, Chief of Staff stated we did not. Given the purpose of the Master Plan process and the committee, we felt it is important to be in the communities when accessing the varying neighborhoods. It was unanimously voted to adjourn the meeting at 7:16p.m. by Roll Call Vote. Respectfully submitted, Susan M. Cimino Clerk of the Council Documents provided for Meeting • Minutes of May 6, 2020 • 20 045 Mayor: Request for Appropriation - CPA funds for the land purchase at Liberty and Grove Streets or take up any action relative thereto • 20 049 Mayor: Acceptance of Donations or take up any action relative thereto • 20 050 Mayor: Request for Appropriation –Archie T. Morrison Elementary School-Outdoor Classroom or take up any action relative thereto • 20 054 Mayor: Transportation Infrastructure Enhancement Trust Fund or take up any action relative thereto July 28, 2020 Ways & Means Committee 10 of 10