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 Monday, September 19, 2022 A meeting of the Committee of Ways & Means was held Remote via Zoom, on Monday, September 19, 2022 at 7:30p.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, Finance Director Mark Dubois, Police Chief Sean Dias, VP Braintree Police Officers Association James Arsenault, DPW Director Lou Dutton, Water&Sewer Superintendent Helen Gordon, Environmental Partners September 19, 2022 Ways & Means Committee 1 of 9 Approval of Minutes • March 24, 2022 MOTION: to approve the Minutes of March 24, 2022. Motion: by Councilor Flaherty to approve Minutes of March 24, 2022 Second: by Councilor Maglio Roll Call Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) • March 29, 2022 MOTION: to approve the Minutes of March 29, 2022. Motion: by Councilor Flaherty to approve Minutes of March 29, 2022 Second: by Councilor Maglio Roll Call Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) • April 5, 2022 MOTION: to approve the Minutes of April 5, 2022. Motion: by Councilor Flaherty to approve Minutes of April 5, 2022 Second: by Councilor Maglio Roll Call Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) Old Business • None New Business • 22 046 Mayor: Acceptance of Donations or take up any action relative thereto Nicole Taub explained the Town was contacted by a gentleman that recently moved to Braintree and would like to donate a HP Designjet 500 42" plotter and ink for use by the Department of Public Works Facilities Division. This will allow the Facilities Division to produce working size sets of plans from PDFs sent electronically, allowing for more productive plan reviews. It would also allow the Division to make additional sets or copies of plans as needed, rather than relying on other departments or third party vendors. Overall, having a plotter in the office will make operations more efficient and eliminate outside copy and pick up time. Councilor Flaherty stated I am grateful for residents for thinking of the needs of the town and so happy to accept this donation. All members agreed. Chairman Reynolds asked for a Motion to be read. September 19, 2022 Ways & Means Committee 2 of 9 Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 046: 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 Justin Situ HP Design jet plotter and ink Facilities Division Motion: by Councilor Flaherty to approve Order 22 046 Second: by Councilor Maglio Roll Call Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) • 22 047 Mayor: Authorization to Enter into Tri Town Water Treatment Plant Ground Lease or take up any action relative thereto (Public Hearing at full Council) Nicole Taub stated 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. 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 operatio·n of the District and was authorized for signature earlier this summer (Council Order 22 034). Following execution of the Agreement, the District was able to initiate the public procurement process for the construction of the new. facility. Filed sub bids were due on August 22, 2022, with bids from pre-qualified general bidders due on September 14, 2022. In order to proceed, the District is now required execute ground leases for the parcels on which the plant will be located. While the facility will be constructed on land entirely in Braintree, portions of the land are jointly owned by Braintree, Randolph and Holbrook, with each municipality having a right to occupy the whole. As a result, we are proposing entering into two ground leases, one between the Town and the District and a second between all three municipalities (Braintree, Randolph and Holbrook) and the District. Enclosed for your review are drafts of both leases. As you will see, the first lease references Parcel Number 2051-2. This is the parcel jointly owned by Braintree, Randolph and Holbrook. The second lease, referencing Parcel Numbers 1035-01, 1035-03 and portions of 2051-01 and 1035-0-2, are those exclusively owned by Braintree. September 19, 2022 Ways & Means Committee 3 of 9 Both leases are identical in form with the exception of Section 7 (Title to Buildings and Improvements). The language in the lease for Parcel 2051-2 makes it clear that, while the parcel is jointly owned, title to all buildings, structures and improvements located on the premises shall remain in the Town of Braintree and any removal or material modification requires the Town's prior written consent, which will not be unreasonably withheld. Other lease terms contained in the documents include the following: • The Lease shall begin upon issuance of a Notice to Proceed with construction; • The term shall be for a period of 50 years, with an option to extend for an additional 50 years; • The District shall be responsible for all utilities, including installation, and maintenance associated with the property; • The District shall be responsible for any and all permits, licenses and approvals to operate the facility; • The District is not permitted to assign the lease; • The District is required to maintain general liability and other insurance; and • The Landlord shall have the right to inspect the property. In order to proceed with the funding application, the ground leases must be executed before the end of September. The Towns of Randolph and Holbrook have scheduled town meetings and will be seeking the approval of their respective bodies within the time period required. Counsel for Braintree, Randolph and Holbrook have agreed to the draft leases provided herein. While there may be minor adjustments made to the language, we do not anticipate any substantive revisions. Councilor Flaherty asked the following question regarding the Ground Lease ((Section 14 sub paragraph C (Concerning default)) Is there any path that could ultimately lead the District to lose control of the water plant so that a bank forecloses and becomes responsible for operating our water treatment plant? Nicole Taub stated the Short answer—It is unlikely that the District, as the tenant, would commit a default that would result in foreclosure. If that were to occur, the obligations contained within the lease remain in place, including Landlord approval of any subsequent assignment. Section 14, subsection (c) talks about the Lender’s opportunity to cure a default and the time periods allowed for such action. As noted in subsection (b), the Landlord cannot terminate the lease because of a Tenant default unless it has met certain procedural obligations, including allowing the Lender an opportunity to cure. This subsection gives the Lender 60 days to remedy a Tenant default with allowances for additional time under certain conditions. In the event that remedying the default includes an acquisition of the Tenant’s leasehold estate through foreclosure, the Lender effectively becomes the Tenant and remains bound by the terms of the Lease and any subsequent assignment of the lease must be approved by the Landlord. Councilor Flaherty stated Braintree in this is identified as the landlord and I think that is correct and appropriate. I am satisfied this is in the best interest of Braintree and I am happy to support it. September 19, 2022 Ways & Means Committee 4 of 9 Chairman Reynolds stated we have had an opportunity to review this. It is pretty common language on how this contract has been written. Chairman Reynolds also asked for a timeline to be put together for more of the important upcoming milestones. Chairman Reynolds asked for a Motion to be read. Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 047: MOTION: to authorize the Mayor to enter into ground leases with the Tri Town Water District relative to the construction and operation of the Tri Town Water Treatment Plant on Town owned land. Motion: by Councilor Flaherty to approve Order 22 047 Second: by Councilor Maglio Roll Call Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) • 22 048 Mayor: Home Rule Petition—Retirement of Officer Matthew Donoghue or take up any action relative thereto Nicole Taub explained Officer Donoghue began his law enforcement career with the Duxbury Police Department in 2012 and transferred to the Braintree Police Department in January 2018. Officer Donoghue is a veteran of the Anny National Guard and during his time with the Braintree Police Department has been the recipient of several letters of appreciation, the Life Saving Medal and the Police Award Certificate. On June 4, 2021, Officer Donoghue volunteered to be part of the search team that entered the woods looking for the subject. He was positioned as a "cover officer." As the team approached a thickly vegetated area, several shots rang out from a hidden subject. The subject's rounds hit K9 Kitt, killing him. More bullets struck K9 Officer Cushing and Officer Donoghue. The round that struck Donoghue entered just below his bicep and traveled up and through his shoulder before exiting his back. Despite this devastating injury, Officer Donoghue fired at the subject and was able to perform a reload on his empty weapon. He also assisted in covering the officer while his fellow officers took him into custody. Following the incident, Officer Donoghue took the necessary time to recover and attempted to return to work in March 2022. Unfortunately, due to injuries suffered during the incident, Officer Donoghue was not able to continue performing the essential functions of the job and has been left with no choice but to face an untimely retirement. Therefore, in order to ensure that Officer Donoghue receives the full benefit of his service upon retirement, I am requesting your support for the enclosed home rule petition providing for his retirement. Specifically, the home rule petition allows Officer Donoghue to retire in accordance with M.G.L. September 19, 2022 Ways & Means Committee 5 of 9 c. 32 s. 7. Further, that the annual amount of the pension payable to Officer Donoghue shall be equal to the regular rate of pay that would have been payable to him had he been able to continue serving as a Braintree police officer until his death or reaching of age 65 (the maximum allowable age for service as a police officer in the Commonwealth). Upon reaching the age of 65, Officer Donoghue will receive a pension in an amount equal to 80% of the average annual rate of pay paid to him in the previous 12 months. Finally, if Officer Donoghue is married at the time of his retirement, then, upon his death, his surviving spouse shall receive a pension in the amount of 75% of the annualized amount of the pension payable to Officer Donoghue on the date of his death. The additional benefits payable pursuant to the legislation shall be funded and administered by the retirement board. In addition to the draft home rule petition enclosed herein, included are letters of support from medical professionals that have been treating Officer Donoghue since the incident. Additionally, letters of support from Chief Mark Dubois and the Braintree Police Officers Association. Sean Dias, VP Braintree Police Officers Association stated if anyone deserves this it is Matt. He made every effort to come back. He is struggling with a lot of demons and pain. Ultimately, he has to take care of his family. I appreciate you considering this pushing this HRP through for him because he does deserve it. Chief Dubois stated it was an extremely unique and significant incident that occurred. Since this happened I have been in contact almost daily with Matt. I can say what a major impact this has had on him. There has been so much he went through trying to return to work. We would not present this to you without it being such an extreme set of circumstances. This was recognized as one of the 10 most significant events in the country in 2021. He is pretty distraught over not being able to return to work. I ask for your favorable consideration on this. Nicole Taub stated we received a question whether the Retirement fund can sustain this. The reply I got from Dennis Gallagher is they can sustain this. It will add to their unfunded liability but at this point have no substantive opposition to the request. Councilor Flaherty stated I certainly think Officer Donoghues actions certainly merit the terms of this Home Rule Petition and I am happy to support it. Councilor Maglio asked about the impact analysis and legislation. Nicole Taub stated once Council passes this then one of our Representatives have to file it. It starts in the House and gets filed in the House. Then it goes to the Senate and gets reviewed. Ultimately ends up on the Governor’s desk for signature. The impact analysis will be done at a point necessary by Dennis Gallagher on behalf of the Retirement Board. Councilor Maglio stated if we are going to ask someone to do a job and they are harmed, I think we absolutely support them in every way we can. September 19, 2022 Ways & Means Committee 6 of 9 Chairman Reynolds stated I want to address Officer Donoghue’s bravery and commitment to his sense of duty. There is a sense of solidarity we have with these police officers and their selflessness to serve their community. It is incumbent on our community and society as a whole to 100% back officers and their families when these types of events happen. I am 100% in favor of this. There is something at the state level in discussions called VIPO – Violently Injured Police Officers. We need to have this support at the state level. Chairman Reynolds asked for a Motion to be read. Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 048: MOTION: That the Town Council vote to authorize the Mayor to petition the General Court for “An Act Providing For the Retirement of Matthew Donoghue, A Police Officer in the City Known as the Town of Braintree,” as set forth in the petition for special legislation filed with the Town Council on or about September 6, 2022, and on file with the Office of the Town Clerk. Further, that the General Court be authorized to make clerical or editorial changes of form only to the bill prior to enactment by the General Court and further, that the Mayor be authorized to approve amendments that shall be within the scope of the general public objectives of this petition. Motion: by Councilor Flaherty to approve Order 22 048 Second: by Councilor Maglio Roll Call Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) • 22 051 Mayor: Motion to accept M.G.L. c. 59 s. 5, Clause 22H (Property Tax Exemption for Gold Star Parents) or take up any action relative thereto Nicole Taub stated the Town currently offers several statutory exemptions for residents relative to their real estate tax obligations. Included in these exemptions are certain benefits for Veterans; however, the Town does not currently offer an exemption for Gold Star mothers and fathers. As a result, I am proposing that the Town accept M.G.L. c. 59 s. 5, Clause 22H. Local adoption of this provision would authorize a full exemption for "surviving parents or guardians of soldiers and sailors, members of the National Guard and veterans who: (i) during active duty service, suffered an injury or illness documented by the United States Department of Veterans Affairs or a branch of the armed forces that was a proximate cause of their death; or (ii) are missing in action with a presumptive finding of death as a result of active duty service as members of the armed forces of the United States; provided, however, that the real estate shall be occupied by the surviving parents or guardians as the surviving parents' or guardians' domicile; and provided further, that the surviving parents or guardians shall have been domiciled in the commonwealth for the 5 consecutive years immediately before the date of filing for an exemption pursuant to this clause or the soldier or sailor, member of the National Guard or veteran was domiciled in the commonwealth for not less than 6 months before entering service." See M.G.L. c. 59 s. 5, Clause 22H. September 19, 2022 Ways & Means Committee 7 of 9 The exemption would be funded from the overlay account and surviving parents or guardians eligible for an exemption pursuant to this clause shall be eligible regardless of when the soldier, sailor, member of the National Guard or veteran died or became missing in action with a presumptive finding of death. The exemption shall remain available until such time as the surviving parents or guardians are deceased. Councilor Flaherty asked the following question is there an estimate on the financial impact that Braintree should expect with the extension of this property tax exemption? Nicole Taub replied the total overlay account in the FY23 budget is $1,225,000, which reflects an increase of $25,000 from the FY22 budget. At this time, we are aware of one property in Town that would qualify for the exemption. Based on the FY22 tax bill for that property, the FY23 bill is estimated to be approximately $3,476.98. Councilor Flaherty stated this represents the depth of our town and I am happy to support it. Councilor Maglio stated this is a benefit no one wishes to receive. I support this without hesitation. Chairman Reynolds stated we are a grateful nation and grateful community. This is the least we can do to show our support. Vincent Fountaine, Veterans Agent stated this is one of those clubs you never want to belong to. Chairman Reynolds asked for a Motion to be read. Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 051: MOTION: That the Town accept Massachusetts General Laws Chapter 59, Section 5, Clause 22H, which provides for a full real estate exemption for surviving parents or guardians of soldiers and sailors, members of the National Guard and veterans who: (i) during active duty service, suffered an injury or illness documented by the United States Department of Veterans Affairs or a branch of the armed forces that was a proximate cause of their death; or (ii) are missing in action with a presumptive finding of death as a result of active duty service as members of the armed forces of the United States; provided, however, that the real estate shall be occupied by the surviving parents or guardians as the surviving parents' or guardians' domicile; and provided further, that the surviving parents or guardians shall have been domiciled in the commonwealth for the 5 consecutive years immediately before the date of filing for an exemption pursuant to this clause or the soldier or sailor, member of the National Guard or veteran was domiciled in the commonwealth for not less than 6 months before entering service. Motion: by Councilor Flaherty to approve Order 22 051 Second: by Councilor Maglio Roll Call Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) September 19, 2022 Ways & Means Committee 8 of 9 It was unanimously voted to adjourn the meeting at 8:15p.m. Respectfully submitted, Susan M. Cimino Clerk of the Council Documents provided for Meeting • Minutes of March 24, 2022 • Minutes of March 29, 2022 • Minutes of April 5, 2022 • 22 046 Mayor: Acceptance of Donations or take up any action relative thereto • 22 047 Mayor: Authorization to Enter into Tri Town Water Treatment Plant Ground Lease or take up any action relative thereto (Public Hearing at full Council) • 22 048 Mayor: Home Rule Petition—Retirement of Officer Matthew Donoghue or take up any action relative thereto • 22 051 Mayor: Motion to accept M.G.L. c. 59 s. 5, Clause 22H (Property Tax Exemption for Gold Star Parents) or take up any action relative thereto September 19, 2022 Ways & Means Committee 9 of 9