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, October 11, 2022 A meeting of the Committee of Ways & Means was held Remote via Zoom, on Tuesday, October 11, 2022 at 6:00p.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 Meredith Boericke, President (ex-officio) Also Present: Nicole Taub, Chief of Staff/Town Solicitor Ed Spellman, Finance Director Jim Lee, Superintendent of Schools Melissa SantucciRozzi, Director Planning & Community Development Kelly Phelan, Conservation Planner, Planning and Community Development Marybeth McGrath, Municipal Licenses & Inspections Director Russ Forsberg, Building Inspector James Arsenault, DPW Director October 11, 2022 Ways & Means Committee 1 of 9 Approval of Minutes • None Old Business • 052 22 Council President: Town Auditor Contract Discussion or take up any action relative thereto Councilor Flaherty stated a Motion to take off the Table item 052 22 Motion: by Councilor Flaherty to take off the Table item 052 22 Second: by Councilor Maglio Roll Call Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) Chairman Reynolds asked if there is any additional information or insights as it pertains to our path forward. Councilor Flaherty stated I support our current town auditor to submit a proposal for a new contract. Councilor Maglio stated same here. Chairman Reynolds stated I think we need to get this before the full Council so they can weigh in. We are discussing Executive Session and the parameters of our options at this point. I would like to gather more information to solidify the best path forward. I am confident in our current Town Auditors. I would like a vote by the end of November to meet an April deadline. (The contract for CLA expires (April 23, 2023) Chairman Reynolds asked for a Motion to Table this item to a future meeting of this committee. Councilor Flaherty stated a Motion to Table item 052 22 to an upcoming Ways & Means meeting Motion: by Councilor Flaherty to Table item 052 22 to an upcoming meeting Second: by Councilor Maglio Roll Call Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) New Business • 22 054 Mayor: CPC Appropriation – Middle Street Trail, Map 2006 0 1A and Map 2002 0 1 - Request for Additional Funding or take up any action relative thereto (Public Hearing October 18, 2022) Nicole Taub, Chief of Staff explained in October 2020, the Council, with a unanimous recommendation from the Community Preservation Committee, voted to appropriate a total of $300,000.00 from the Community Preservation Act Open Space and Unreserved Funds for the Middle Street Monatiquot River Trail Project. The proposed trail, approximately 1/3 of a mile in length and ADA compliant, will be a combination of elevated boardwalk and at-grade stabilized stone dust that will meander through the October 11, 2022 Ways & Means Committee 2 of 9 Middle Street Open Space property allowing the public to view and experience the Monatiquot River and overall site. The total cost of the project was previously estimated at approximately five hundred eighty seven thousand dollars ($587,000.00), with funding from a grant from the Massachusetts Recreational Trails Program in the amount of $42,000.00 and potential reimbursement from the Executive Office of Energy and Environmental Affairs Land and Water Conservation Fund Grant Program for the remaining balance of $245,000.00. Since the original authorization, the project design and permitting were finalized ant he project was advertised for sealed bids in June 2022. Given inflationary conditions, the bids received were considerably higher than originally estimated. As a result, project managers now estimate that the budget shortfall, plus a contingency, require an additional appropriation of $300,000.00. At the October 3, 2022, the Community Preservation Committee voted unanimously to recommend the appropriation of Community Preservation Act funds in the amount of $300,000 for the Middle Street Monatiquot River Trail from the Unreserved Fund. Councilor Flaherty asked what happened between November 2020 and February 2021 when it just didn’t go out for bid. Kelly Phelan stated the original estimate was optimistic and best case scenario. In reality things just took much longer. It was a matter of prioritizing the different projects we have and it just took longer than we had hoped. Councilor Flaherty asked if this was due to being short-staffed? Kelly Phelan stated I suppose you can make that argument. We are a small department with a lot of boards and projects going on. Councilor Flaherty stated it is troubling that the cost doubled for us. I am trying to figure out what can we do better next time. Melissa Santucci-Rozzi stated the projects Kelly works on in the department outside of permitting can become very cumbersome and time-consuming. One thing going on she did not mention is the litigation related to the Armstrong Dam Project. Kelly and Crystal Huff have been very consumed with providing a lot of different materials and trying to work through this case. We had to shift gears and put the effort into that. Melissa Santucci-Rozzi stated the first go around in 2020 was under the previous direction of this department. When I took over we now make sure to build in contingencies with projects. This one did not have one built into it from beginning. Councilor Maglio asked what happens if something is part of the design that is not ADA compliant? Kelly Phelan stated that this has been designed to be fully ADA accessible. If there was some concern that would be taken up with the ADA Compliance Officer. Councilor Maglio stated my reason for asking is based on the path at Watson Park that was just put in as part of the berm work. There are stairs there and I raised this as a concern on how would this get remedied. Director Santucci-Rozzi stated this has been designed by professional engineers and consultants. We can get a letter from the design engineer stating that this has been designed in accordance with all applicable architectural Access and American Disabilities Act requirements given the use and location. October 11, 2022 Ways & Means Committee 3 of 9 Marybeth McGrath stated we are aware of this issue and we are working through the mayor’s office to rectify through the contract system. Nicole Taub noted we will follow up on this. Councilor Maglio stated this concerns me that we have other projects with legitimate concerns about ADA access and not replied to. Chairman Reynolds stated the folks here will make sure ADA compliance specifications happens and will get any follow up information for Councilor Maglio. Chairman Reynolds asked what the number of parking spaces along Middle Street would be. Kelly Phelan stated originally it was 9 but after discussion with the Town Engineer we thought 6 would be a better number. Director Santucci-Rozzi also noted East Middle School is just down River Street and there is plenty of parking there. CPA funds for unreserved available is just under 3 million dollars. Total funds available is just under $4.9 million. Meredith Boericke, Council President stated my concern was addressed with the Armstrong Dam litigation unforeseen. I am frustrated when we’ve gotten repeated requests for funding or we had to come back because grants fell through or wasn’t available; this one was a delay. How are these reviewed at the CPC meetings? Melissa Santucci-Rozzi stated during the meetings we have new projects listed and old projects that we give updates on. Elizabeth Manning is in the process of doing a super deep dive and really getting into the financial aspects of these projects. We have a system of checks and balances we are continuing to employ on our projects and really trying to keep a handle on the expenses. We have a list and can send it to anyone. It was noted the CPC page is a work in progress. Chairman Reynolds asked for a Motion to be read. Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 054: 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 $300,000 from the CPA Unreserved Fund for the Middle Street Monatiquot River Trail (Assessors Map 2006 0 1A, 2002 0 1), conditional on the funds expended under the direction of the Community Preservation Committee and the Director of Planning and Community Development. Motion: by Councilor Flaherty to approve Order 22 054 Second: by Councilor Maglio Roll Call Vote: For (2–Flaherty, Reynolds), Against (0), Absent (0), Abstain (1- Maglio) October 11, 2022 Ways & Means Committee 4 of 9 • 22 053 Mayor: CPC Appropriation – Town Hall Handicap Ramp, 773-793 Washington Street (AKA 1 JFK Memorial Drive) or take up any action relative thereto (Public Hearing October 18, 2022) Nicole Taub, Chief of Staff explained at the October 3, 2022, the Community Preservation Committee voted unanimously to recommend the appropriation of Community Preservation Act funds in the amount of$55,000 for the Town Hall Handicap Ramp Replacement Project from the Historic Fund. The Town Hall Handicap Ramp project will address a priority need in the Town's current draft Section 504 Transition Plan by replacing the handicap ramp that access Cahill Auditorium. Additionally, the detailed plans provided with the application demonstrate compliance with historic standards and materials and have been deemed acceptable by the Town's Historic Commission in a Certificate of Appropriateness dated July 11, 2022. Councilor Flaherty stated I want to confirm this vote is to authorize funding for brick work to be able to make the ramp look more historically accurate and blend with the historical structure. Nicole Taub stated that is correct. Councilor Maglio asked about the total cost for the entire work of the parking lot and ramp and brick work. Nicole Taub stated the total cost is $160,000 separate from the brick work. Demolition of the site ramp and preparation is going to be all done by the DPW so no cost to that. The next phase is forming and pouring of the concrete substructure which will cost $115,000 paid for by existing ADA capital funds. Phase 3 will be installation of pipe railings, also done by private contractor with estimated cost of $45,000. The final phase which is before the committee is installation of the brick façade and blue stone cap which was recommended by the Historical Commission in reviewing the project. This request also has a built in contingency of $20,000. The parking lot is a separate project that will enhance the current row of accessible spaces of about Councilor Maglio stated so $110,000 for the spaces and the resurfacing plus $160,000 for the ramp plus $35,000 for the brick work. Nicole Taub stated yes. Councilor Maglio asked about the sidewalk scan and where is the rest of the report to show where the priorities are from the consultant who did this. Nicole Taub stated we anticipate that the report should be completed in a month or so. The materials will then be forwarded to the mayors office for review and presented. Councilor Maglio stated my concern is the piece mail approach. We need a ramp that is ADA compliant. This is challenging for me. Chairman Reynolds stated we need this project. I will be supporting this project. This allocation is necessary at this point in time. I do look forward to the full ADA Transition Plan. Russ Forsberg, Building Department stated we have a contingency because we have some concern about supply when we purchase this down the line. This is based on availability of the blue stone and best estimate of this material. October 11, 2022 Ways & Means Committee 5 of 9 Councilor Maglio stated I hear this is a priority but without the information on the sidewalk scan and this transition plan report I don’t feel the same sense. I feel I am at a standstill on this and I wont be supporting this tonight. Chairman Reynolds asked for a Motion to be read. Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 053: 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 $55,000 from the CPA Historic Fund for the Town Hall Handicap Ramp Replacement (Assessors Map 1013-1), conditional on the funds expended under the direction of the Community Preservation Committee and the Director of Planning and Community Development. Motion: by Councilor Flaherty to approve Order 22 053 Second: by Councilor Maglio Roll Call Vote: For (2–Flaherty, Reynolds), Against (0), Absent (0), Abstain (1- Maglio) • 22 061 Mayor: Borrowing Authorization for School Roofs or take up any action relative thereto (Public Hearing October 18, 2022) Nicole Taub, Chief of Staff explained as you may recall, on October 27, 2021, the Massachusetts School Building Authority's (MSBA's) Board of Directors voted to invite the Town into the Accelerated Repair Program to collaborate with the MSBA in conducting a Schematic Design Study at the Hollis and Flaherty Elementary Schools for roof replacement projects. The MSBA assigned PCA360 to serve as the Project OPM and BWA Architecture to complete the design work. Over the last several months the project team has completed evaluations of the building conditions at both schools, established the scope of the projects, conducted a cost estimate for the work to be performed and submitted the schematic design reports to the MSBA for their consideration at the October Board meeting. With the MSBA's approval to proceed, we anticipate the design phase proceeding into early 2023 with construction bids awarded in the fall. The majority of the funding for these projects is expected to come from the debt exclusion, which included five million dollars ($5,000,000) for roof replacements. Where funding is already earmarked for the roof replacements at Highlands and Liberty Elementary Schools as part of the 2020 Accelerated Repair Program from that authorization, and the estimated cost of the 2021 projects exceeds the available amount, the MSBA requires authorization to borrow for the full current estimated value of the work in order to authorize the Town to proceed with the bidding It is important to note that the amount requested does not account for the reimbursement provided by the MSBA for the projects and reflects the total project costs for both school roof replacements. In the event that the funds provided for by the debt exclusion are insufficient to cover the Town's project costs, we will utilize this borrowing authorization to make up the difference. October 11, 2022 Ways & Means Committee 6 of 9 Councilor Flaherty asked what are we doing about replacing our elementary schools long-term. Nicole Taub, Chief of Staff stated we are doing maintenance evaluations and assessments in the schools. Jim Lee, Superintendent of Schools stated although a long term plan does not exist today, we have submitted to the MSBA an SOI for BHS every year for the past 5 years. That would be our targeted priority. It would involved MSBA but also a commitment on part of the town. You are well aware of the escalation of costs in any type of building project. A largely renovated or brand new high schools would be north of $300 million. Behind that project would be the elementary schools. We need more conversations about the idea of consolidation or retaining neighborhood schools. Both come with a cost associated with it in terms of what the community wants and how it would be funded. Councilor Maglio asked when do you see these conversations happening? Superintendent Lee stated very soon conversations should begin. The town’s ability to absorb all these projects and consolidation and neighborhood schools are all part of these conversations. Chairman Reynolds stated there is want vs need. We have a commitment to provide the best facilities that we are able to for our students. I am going to vote in favor of this recommendation being approved. Chairman Reynolds asked for a Motion to be read. Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 061: MOTION: That the Town appropriate the amount of Nine Million Three Hundred Forty-Two Thousand Six Hundred Eighty-One Dollars ($9,342,681.00) for the purpose of paying costs of replacing the roofs at Flaherty Elementary School (99 Lakeside Drive, Braintree, MA) and Hollis Elementary School (482 Washington Street, Braintree, MA) including the payment of all costs incidental or related thereto (the "Project"), which proposed repair projects would materially extend the useful life of the schools and preserve assets that otherwise are capable of supporting the required educational program, and for which the Town has applied for a grant from the Massachusetts School Building Authority ("MSBA"), said amount to be expended under the direction of the School Building Committee. To meet this appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under M.G.L. Chapter 44, or pursuant to any other enabling authority. The Town acknowledges that the MSBA's grant program is a non­ entitlement, discretionary program based on need, as determined by the MSBA, and if the MSBA's Board of Directors votes to invite the Town to collaborate with the MSBA on this proposed repair project, any project costs the Town incurs in excess of any grant that may be approved by and received from the MSBA shall be the sole responsibility of the Town; and that, if invited to collaborate with the MSBA on the proposed repair project, the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the Town and the MSBA. Motion: by Councilor Flaherty to approve Order 22 061 Second: by Councilor Maglio Roll Call Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) October 11, 2022 Ways & Means Committee 7 of 9 • 22 060 Mayor: Transportation Infrastructure Enhancement Trust Fund or take up any action relative thereto (Public Hearing October 18, 2022) Nicole Taub, Chief of Staff explained for the fifth year in a row, the Town has received money from the Commonwealth's Transportation Infrastructure Enhancement Trust Fund (Fund) "to address the impact of transportation network services on municipal roads, bridges and other transportation infrastructure or any other public purpose substantially related to the operation of transportation network services in the city or town including, but not limited to, the complete streets program... and other programs that support alternative modes of transportation." For additional details relating to the treatment of funds distributed from the Fund, please see the attached Department of Revenue Local Finance Opinion LFO-2022-3. The Fund was established in 2016 and is funded through a statutory per ride assessment on trips conducted by Transportation Network Companies (TNCs) in Massachusetts. For calendar year 2021, the Commonwealth collected approximately $7.9 million from a $0.20 per-ride assessment on each rideshare trip that started in Massachusetts. This is a slight increase over the revenue collected in 2020, which was $7,000,000.00, based on 35 million rides. The Transportation Network Company Division (Division) of the Department of Public Utilities (DPU), as the oversight authority for TNCs, has recently collected assessments and½ of the funds are being proportionately distributed based on the number of rides that originated in each municipality within the Commonwealth. In addition, ¼ of the funds will be distributed to the Massachusetts Development Finance Agency in order to provide financial assistance to small businesses operating in the taxi cab, livery or hackney industries and to encourage the adoption of new technologies and advanced service, safety and operational capabilities and to support workforce development; and ¼ will go to the Commonwealth Transportation Fund. Information on 2021 TNC ride data is available at https:// www.mass.gov/info- details/2021-rideshare-data­ report. In 2021, rideshare companies provided about 39.7 million rides that started in Massachusetts, which is 12.5% more than in 2020. The total number of rides that initiated in Braintree in 2021 was 269,431, an increase of 20.42% from 2020. Of those rides, 60,379, or 22%, were local rides--or rides that started and ended in Braintree. Based on this data, the total revenue from the Fund that has been allocated to Braintree is $26.943.10. The Town is required to submit a report to the Division no later than December 31, 2022, detailing the projects and the amount used or planned to be used for transportation-related projects, as described above. The intended use of the funds in FY23 is to support the renovation of roadways and education, enforcement and engineering of traffic calming measures. Councilor Flaherty asked for a more specific record of how we’re using this money. Jim Arsenault, DPW Director stated we analyze concerns with traffic in the community and this provides some of the devices with some of the traffic flows. We can put signs, makings on the roadways and speed humps. These are all examples of how the funding was used. October 11, 2022 Ways & Means Committee 8 of 9 Chairman Reynolds stated every little bit helps. I will fully support this. Chairman Reynolds asked for a Motion to be read. Councilor Flaherty read the following Motion for favorable recommendation to the full Council Order 22 060: MOTION: That the sum of $26,943.10 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 Flaherty to approve Order 22 060 Second: by Councilor Maglio Roll Call Vote: For (3–Flaherty, Maglio, Reynolds), Against (0), Absent (0), Abstain (0) It was unanimously voted to adjourn the meeting at 8:00p.m. Respectfully submitted, Susan M. Cimino Clerk of the Council Documents provided for Meeting • Minutes of April 26, 2022 • Minutes of May 3, 2022 • 22 054 Mayor: CPC Appropriation – Middle Street Trail, Map 2006 0 1A and Map 2002 0 1 - Request for Additional Funding or take up any action relative thereto (Public Hearing October 18, 2022) • 22 053 Mayor: CPC Appropriation – Town Hall Handicap Ramp, 773-793 Washington Street (AKA 1 JFK Memorial Drive) or take up any action relative thereto (Public Hearing October 18, 2022) • 22 061 Mayor: Borrowing Authorization for School Roofs or take up any action relative thereto (Public Hearing October 18, 2022) • 22 060 Mayor: Transportation Infrastructure Enhancement Trust Fund or take up any action relative thereto (Public Hearing October 18, 2022) • 052 22 Council President: Town Auditor Contract Discussion or take up any action relative thereto October 11, 2022 Ways & Means Committee 9 of 9