Town Council - Ways & Means Committee

Braintree Town Council MEMBERS Joseph Reynolds, Chairman Committee of Ways & Means Julia Flaherty, Vice-Chairwoman One JFK Memorial Drive Elizabeth Maglio, Member Braintree, Massachusetts 02184 MINUTES Tuesday, June 21, 2022 A meeting of the Committee of Ways & Means was held in Johnson Chambers, on Tuesday, June 21, 2022 at 6:30p.m. Councilor Reynolds was in the Chair. Clerk of the Council, Susan Cimino conducted the roll call. Present: Joseph Reynolds, Chairman Julia Flaherty, Vice-Chairwoman Elizabeth Maglio, Member Also Present: Nicole Taub, Chief of Staff/Town Solicitor Ed Spellman, Director of Municipal Finance James Arsenault, DPW Director Lou Dutton, Waterworks Superintendent Helen Gordon, Tri Town Project Manager Crystal Huff, Assistant Town Solicitor June 21, 2022 Ways & Means Committee 1 of 8 Approval of Minutes • None Old Business • None New Business • 22 032 Mayor: Acceptance of Donations or take up any action relative thereto Nicole Taub, Chief of Staff explained a resident, who would prefer to remain anonymous, would like to donate two basketball hoops to the Town and install them at the basketball court at Highlands School. He is a contractor and his company does many recreational courts all around Boston and the surrounding area. The approximate value of the basketball hoops and installation is $5,000. Councilors asked if there was an existing basketball court here already. It was stated yes. Chairman Reynolds asked for a Motion to be read. Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 032: 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 gift upon the conditions attached and herein set forth: DONOR GIFT PURPOSE Anonymous Basketball Hoops Highlands School (and installation) Motion: by Councilor Flaherty to approve Order 22 032 Second: by Councilor Maglio Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) June 21, 2022 Ways & Means Committee 2 of 8 • 22 034 Mayor: Authorization to enter into Tri Town Water District Joint Powers Agreement or take up any action relative thereto (Public Hearing at full Council) Nicole Taub, Chief of Staff stated this involves Braintree, Randolph and Holbrook and explained in December 2019 the Town Council voted to authorized the submission of an "Act Establishing the Tri-Town Water District," (Act) to the Legislature for review and approval (Council Order 19 047). The Special Act sought to codify the decision to build one (1) treatment plant that will serve the Towns of Braintree, Randolph and Holbrook and will be governed by a Board of Directors (Board) comprised of one (1) representative from each municipality. The purpose of the Tri Town Water District (District) is to provide for the supply, treatment and distribution of water from the Great Pond Reservoir System to Braintree, Randolph and Holbrook. A copy of the Act, which was approved on January 14, 2021, is enclosed herein for your review. In addition to the Act, the operation of the District is governed by a Joint Powers Agreement (Agreement) agreed upon and executed by Braintree, Randolph and Holbrook. The Agreement sets forth additional terms for oversight and operation of the District, including the following: Board of Directors • The District shall operate under the direction of a Water District Board of Directors (Board). o Each Town shall appoint one Board member o Each Board member shall be entitled to 1 vote o Initial appointments shall be as follows: • Braintree-3 years • Randolph-2 years • Holbrook-I year o Each subsequent term shall be for a 3 year period. • A majority of all Board members shall constitute a quorum. o Non-financial motions shall require a majority affirmative vote o Financial motions (including establishing the annual budget, borrowing or otherwise incurring debt and purchasing/taking land) shall require unanimous approval • The Board shall choose a chairman, vice-chairman, secretary and such other officers as it deems advisable. • The Board shall appoint a Treasurer, who may be a treasurer of one of the participating towns. • The Board shall appoint a business officer, who may be a city auditor, town accountant or officer with similar duties of one of the participating towns. • The District shall be subject to an annual audit, a copy of which shall be provided to the member towns and to the Division of Local Services of the DOR. • If a dispute arises out of or relates to the Agreement, the parties agree to first attempt in good faith to settle the dispute by mediation. • There will be a monthly meeting between the Board and representatives from the Department of Public Works for the participating towns. June 21, 2022 Ways & Means Committee 3 of 8 Location • The facility will be located in Braintree, with a subaqueous pipeline connecting the plant to the Randolph transmission main for service to Randolph and Holbrook. • The facility will include a 12.5 MGD dissolved air filtration water treatment plant. • Capital costs will be charged annually and apportioned as follows (in accordance with the Act): o Braintree 50% o Randolph 34% o Holbrook 16% • Operating Costs will be apportioned on a flow-proportionate basis, based on the average daily usage as measured at the District flow meters. • As a result of the increased burden imposed on the Braintree Police and Fire Departments resulting from the plant's location in Braintree, the District shall make an annual payment of $225,000 to Braintree, representing the salaries of 1 new police officer position and 2 new fire fighter positions, exclusive of costs associated with health insurance and retirement benefits. o The District shall make this payment on an annual basis for the duration of the plant's operation, with an annual increase of no more than 2.5% o These costs shall be apportioned consistent with the apportionment of operating costs • Annual share of costs shall be paid in quarterly installments, on or before the last day of the month when the payment is due. Budget • The Board shall prepare an initial budget that will be submitted to each member town for review. The Board shall adopt a budget not earlier than 14 days, but within 30 days, after it is submitted, by unanimous vote. • Annually, the District shall annually prepare a tentative budget that will be mailed to each member town for its consideration on or before December 15. • Annually, the Board shall, as a unanimous vote item, determine the amounts necessary to be raised to maintain and operate the District during the next fiscal year, plus a reserve fund not to exceed 15% of the maintenance and operating budget, and the amounts required for payment of debt and interest incurred by, or on behalf of, the District that will be due in that year. Water Supply • The District shall provide water supply and treatment services to the member towns. • Braintree shall oversee the daily operations of the plant, including the hiring, discipline and lay off of personnel, administration of benefits and payroll and supervision of employees providing these services. o The operating costs associated with the provision of these services shall be assessed to each member town as operating costs. o The Board will have the authority to approve the operating and staffing plans for the plant, as well as authority to approve operating polices and procedures governing the operations of the plant. • Absent emergency or other circumstances beyond reasonable control, no member town can sell to a non-member town. June 21, 2022 Ways & Means Committee 4 of 8  o In any event, such sales cannot exceed 25,000 gallons per day and for no longer than 30 days. o The District may enter into agreements for sale of water to non-member communities. • Any new development project requiring new or increased withdrawal of water greater than an additional 50,000 gpd within the Great Pond Reservoir System shall be subject to prior approval by the District. Withdrawal • A member town may withdraw by amendment to the Agreement with a vote of the Board of Selectman or Town Council. Following withdrawal, the town shall remain liable to the District for its share of indebtedness outstanding at the time. • Upon the effective date of the withdrawal, the terms of office of the member serving on the Board shall terminate. Incurring Debt • The District has the authority to incur debt or, in the alternative, authorize a member town to incur debt on behalf of the District. • Within 7 days of authorizing the incurring of debt, the Board shall give notice to each member town. o If the Board authorizes a member town to incur debt on behalf of the District, and the amount is $2,000,000 or less, the borrowing member town shall proceed with the borrowing without requiring any further authorizations from the non­ borrowing member towns. o If the Board authorizes the District or a member town to incur debt in an amount greater than $2,000,000, each member town shall hold a Town Meeting or Town Council meeting within 90 days after the date of authorization for the purpose of expressing approval or disapproval of the amount of said debt. Failure to hold a meeting within 90 days shall result in constructive approval. Please note that the current practice of each community maintaining responsibility for distribution to their residents will continue. To that end, Randolph and Holbrook will maintain responsibility for the distribution of water in their respective municipalities. The two (2) municipalities will be solely responsible for the cost of distribution, including installation and maintenance of a pipe from the new facility. The Town will not have any responsibility for costs associated with distribution in Randolph and Holbrook. The terms of the agreement between Randolph and Holbrook, through the Joint Water Board, are set forth in an Intermunicipal Agreement, attached to the Joint Powers Agreement as an attachment. On Friday, June 3, 2022, the Tri Town Board met and voted 2-0 (Holbrook absent) to approve the attached draft of the Agreement. The Holbrook representative was not present; however, legal counsel for Holbrook was actively engaged in the negotiation and drafting of the final Agreement. June 21, 2022 Ways & Means Committee 5 of 8 Councilor Flaherty asked if Braintree’s Water Treatment employees will be running this plant and what will happened to Randolph and Holbrook’s employees. Nicole Taub stated yes Braintree will be running the plant with our employees. The other two town’s will absorb their current employees into their respective town other departments. Councilor Flaherty asked if we will need additional employees. Lou Dutton stated we do not know that yet. We possibly will need two maintenance technicians. Other than that I do not think so. Councilor Flaherty stated payroll and benefits will be paid through rate payers who pay into this and managed by Braintree. Lou Dutton stated that is correct. Councilor Flaherty asked what would cause a water usage over 50,000gpd usage rejection. Nicole Taub stated the Tri-Town Board would make those decisions when a new facility with water usage is coming on line and what the water usage will be. The Board working with the Director of the Plant would be making that determination. Lou Dutton stated it is a case-by-case basis. A trigger would be if a complex was to be built to have more than 225 units. Councilor Flaherty asked is there anything that says another town can’t just deny something without good cause. Crystal Huff stated there is a provision in the document that states acting in good faith negotiations. The Board will be able to step in and handle this with experts and legal counsel. Standards will be created. There are mechanisms to deal with that. James Arsenault stated we do have other resources including the Richardi and upper reservoir. Lou Dutton stated at some point there will be expansion. Councilor Flaherty stated one reason to create the Tri-Town is it would ease the burden on all 3 communities to expand the capacity. Lou Dutton stated correct. Councilor Flaherty asked about borrowing debt up to $2 million. Nicole Taub stated the District as a whole will be authorized to borrow or the Board can authorize one of the Communities. The question will be what presents the best opportunity. The borrowing would all fall to the District to cover. Councilor Maglio asked who would regulate the Board. Nicole Taub stated they would be regulated by Mass DEP – state laws. Helen Gordon mentioned because you are a Revolving Fund, the state does require you put together a business plan prior to the Treatment Plant coming on-line. It has to be reviewed and approved by the state. Once this moves forward and an entity is created they will put together a business plan which will lay out how they are going to operate very specifically. It will also include on the technical end standards and requirements associated with that. Councilor Maglio asked once this is approved is there any reason this entity would come back to the Town Council for any vote. Nicole Taub stated yes for the annual budget process. There is no other obligation for them to go before the Council but there certainly could be a request from the Council for any updates. June 21, 2022 Ways & Means Committee 6 of 8 Councilor Maglio has concerns over other towns opportunity to stop a project that would have over 50,000gpd water usage. Helen Gordon stated when the project was designed we looked at current and projected flows. We looked at all 3 communities and what is anticipated for future development. We projected through 2050 and the data used was developable land and talking to the 3 communities. Chairman Reynolds asked what established that Braintree is responsible for 50% of all capital costs? Nicole Taub state that is something that existed prior to 2018 and was established by the prior Tri-Town Board based on size and use. Helen Gordon stated this was agreed to with the previous Mayor. Chairman Reynolds asked if we are locked in to pay the 50% or is there something in this agreement that might address that. Nicole Taub stated in order to change the capital split there would have to be a legislative change. It would go to the state. Chairman Reynolds stated I am not at a point of comfort with the 50,000gpd. The Board of Directors makes the decision. Is it a unanimous vote needed? Can a board decision be challenged in a court of law? Crystal Huff stated yes anything can be challenged. There is implied and stated an act of good faith in here. The board will be allowed once an entity to set its rules and regulations. Chairman Reynolds stated we need to absolutely make sure Braintree cannot be impeded if there are future developments. Chairman Reynolds asked about amendments to the Tri-Town agreement. Nicole Taub stated traditionally the Board member for Braintree would be the Mayor. If amendment made by any member of the Board of Directors and before any amendment could take effect it would have to go back to each community for approval. The Town Council, in our case would have to approve any amendments. Chairman Reynolds asked for a Motion to be read so this can go forward to the full Council. Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 034: MOTION: To approve the Tri Town Water District Joint Powers Agreement between the Towns of Braintree, Holbrook and Randolph as submitted under Council Order 22 034. Motion: by Councilor Flaherty to approve Order 22 034 Second: by Councilor Maglio Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) June 21, 2022 Ways & Means Committee 7 of 8 It was unanimously voted to adjourn the meeting at 7:27p.m. Respectfully submitted, Susan M. Cimino Clerk of the Council Documents provided for Meeting • 22 032 Mayor: Acceptance of Donations or take up any action relative thereto • 22 034 Mayor: Authorization to enter into Tri Town Water District Joint Powers Agreement or take up any action relative thereto (Public Hearing at full Council) June 21, 2022 Ways & Means Committee 8 of 8