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Home My Public Portal About2019-04-09 - Arsenal Park Renovations and Proposed Special Act Related Thereto TOWN OF 1630 WATERTOWN Office of the Town Manager Administration Building f _ :- 149 Main Street Watertown,MA 02472 Plhone: 617-972-6465 www.watertown-ma.gov Michael J. Driscoll townmgr@watertown-ina.gov Town Manager To: Honorable Town Council From: Michael J. Driscoll, Town Manager 4 Date: April 4, 2019 RE: Agenda Item—Resolution Authorizing Filing with the General Court of a Petition for a Special Act for a Public-Private Partnership to Undertake Renovations and Improvements at Arsenal Park; and An Act Providing for the Construction of Improvements to Arsenal Park in the Town of Watertown As you recall, on January 31, 2019 the Proposed Fiscal Year 2020-2024 Capital Improvement Program (CIP)was submitted pursuant to the provisions of the Watertown Home Rule Charter and the Town Council Resolution on the Fiscal Year 2020 Budget Process. The Council's Committee on Budget and Fiscal Oversight met several times thereafter developing conceptual recommendations for presentation to the Honorable Town Council for their review and adoption. On March 12, 2019, the Honorable Town Council adopted twenty-nine (29) conceptual recommendations on the Fiscal Year 2020-2024 CIP. One of the conceptual recommendations reads in part as follows: 28. Regarding Arsenal Park, for the FY20 proposed loan order for $250,000 for design(FY20 CIP Line 14),proceed subject to the condition that the Department of Community Development &Planning, in conjunction with the Conservation Commission and Recreation Department, shall hold community meetings to insure that the work is consistent with the improvements proposed as part of the developer mitigation, and have. one or more informational presentations to the Town Council; and for the FY20 proposed loan order for$4,300,000 for renovations (FY20 CIP Line 15), proceed subject to the condition that developer mitigation and proposed I-Cubed funds will offset a portion of the costs as planned. As a follow-up to that conceptual recommendation, attached please find email correspondence from Steven Magoon, Director of Community Development and Planning/Assistant Town Manager regarding the efforts to date on proposed renovations to Arsenal Park. 1 Page As a follow-up, attached please find email correspondence from Mark R. Reich, Esquire,KP Law regarding the following documents related to the Proposed Arsenal Park Renovations Project: 1. Resolution Authorizing Filing with the General Court of a Petition for a Special Act for a Public-Private Partnership to Undertake Renovations and Improvements at Arsenal Park. 2. An Act Providing for the Construction of Improvements to Arsenal Park in the Town of Watertown. Therefore, given all of the above, I respectfully request the attached Resolution and Proposed Special Act be placed on the April 9, 2019 Town Council Agenda. Thank you for your consideration in this matter. cc: Steven Magoon,Director of Community Development and Planning/Assistant Town Manager Thomas J. Tracy, Town Auditor/Assistant Town Manager for Finance Mark R. Reich,Esquire,KP Law Conservation Commission Gerald S. Mee,Jr., Superintendent of Public Works Jesse L. Myott, Director of Administration and Finance,Department of Public Works Robert F. Dirico Supervisor of Parks and Cemeteries,Department of Public Works Raeleen F. Bandini,Purchasing Agent 2 Page Hand, JoAnna From: Magoon, Steven Sent: Wednesday, April 03, 2019 6:11 PM To: Driscoll, Michael Cc: Hand,JoAnna; Osmond, Marsha Subject: RE: Arsenal Park The Department of Community Development and Planning has been working with the Conservation Commission to develop 25%design plans for the improvement of Arsenal Park. After an extensive process which included considerable public input, the Conservation Commission approved a 25%design. Concurrent to that discussion,the Arsenal Yards project has also been progressing. Boylston Properties,the developer of Arsenal Yards, expect to have business occupancies adjacent to Arsenal Park this fall, and are anxious to have the adjacent portion of the park completed as the adjoining businesses are opening. We are also excited to be able to create efficiencies and offset a portion of the costs to construct these improvements through the utilization of Boylston Properties mitigation for Arsenal Park. It is in the best interest of both the Town and the developer of Arsenal Yards that the development of all green space be coordinated to provide maximum public benefit within the Town. This would include the joint use of landscape and site contractors already working on the Arsenal Yards project to construct the eastern end of Arsenal Park. Such coordination would allow for expedited design and construction to coincide with the fall opening of adjacent businesses and residential areas. The statutory public procurement process associated with the Town's construction of the Arsenal Park Plan improvements would impact the Town's ability to coordinate efforts with the private developer and negate any savings to the taxpayers that may have been achieved through a public- private partnership. In order to make the timing of such a public private partnership work,we need to accelerate the design and construction of the eastern end of the project as Phase 1, and Boylston Properties is prepared to take on a significant portion of this work as part of their mitigation to make this happen. In order to move forward with the above,the filing of a petition for a Special Act providing for the construction of improvements to Arsenal Park will need to be filed with the General Court.The special act would allow the Town of Watertown to enter into one or more agreements with private parties for the coordination,funding, and construction of renovations, improvements, and upgrades to the property owned and controlled by the Town of Watertown. I understand that Attorney Reich will be forwarding draft documents regarding filing of a special act under a separate cover. I am in support of the draft special legislation related to the improvement of Arsenal Park. I will be happy to address any questions. Thanks Steve Magoon Director, Community Development and Planning/Assistant Town Manager 149 Main Street Watertown, MA 02472 Office 617 972-6417 Cell 617 987-1136 smagoon@watertown-ma.gov 1 Hand, JoAnna From: Driscoll, Michael Sent: Thursday, April 04, 2019 10:13 AM To: Hand,JoAnna Subject: : Resolution Regarding Arsenal Park Renovations and Proposed Special Act Related Thereto Attachments: KP-#662173-v2-WATR_Resolution_re_Arsenal_Park_and_Private_Contribution.DOC; KP-#662190-v1-WATR_Special_Act_re_Arsenal_Park_Construction_Private_Funding.DOC From: Mark R. Reich I'm ai Ito:MReich@k-r law.coml Sent:Thursday, April 04, 2019 10:03 AM To: Driscoll, Michael<mdriscoll@watertown-ma.gov> Cc: Magoon, Steven <smagoon@watertown-ma.gov> Subject: Resolution Regarding Arsenal Park Renovations and Proposed Special Act Related Thereto Mr. Manager— Attached please find two documents as follows with respect to the Arsenal Park renovations project: 1. Resolution Authorizing Filing with the General Court of a Petition for a Special Act for a Public-Private Partnership to Undertake Renovations and Improvements at Arsenal Park; and 2. An Act Providing for the Construction of Improvements to Arsenal Park in the Town of Watertown. The attached resolution addresses the status of the design for the Arsenal Park improvements and the significant benefits to be derived by the Town from a public-private partnership with the developer of the adjacent Arsenal Yards, allowing the Town to coordinate with the developer and accelerate the improvements to the eastern portion of Arsenal Park with a portion of the funding provided by the developer. The resolution authorizes the filing of a petition with the General Court for a special act to allow such a partnership and exempt the construction project from the procurement process associated with public works projects, which process would delay the improvements and negate savings to the taxpayers from this partnership. The special act would not exempt the project from the requirement for the payment of prevailing wages, thus ensuring the payment of such wages to construction workers employed on that project. I would be happy to discuss these documents with you further, and will be prepared to answer any questions from the Town Council when these documents are presented for consideration. Thank you. Mark Mark R. Reich, Esq. KP ( LAW 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 556 0007 F: (617)654 1735 mreich(a.k-plaw.com www.k-r)law.com RESOLUTION# R-2019- RESOLUTION AUTHORIZING FILING WITH THE GENERAL COURT OF A PETITION FOR A SPECIAL ACT FOR A PUBLIC-PRIVATE PARTNERSHIP TO UNDERTAKE RENOVATIONS AND IMPROVEMENTS AT ARSENAL PARK WHEREAS,the City known as the Town of Watertown owns and controls the property known as Arsenal Park, consisting of approximately 13.7 acre which provides open space and recreational amenities for leisure and sports activities; and WHEREAS,Arsenal Park is under the care, custody, and control of the Town's Conservation Commission; and WHEREAS,the Town has undertaken a planning process for extensive renovation and improvements to Arsenal Park, known as the Arsenal Park Plan; and WHEREAS,Phase 1 of the Arsenal Park Plan will provide final design and construction of the eastern most 240 foot portion of the Park; and WHEREAS,the 25% design for Phase 1 of the Arsenal Park Plan has been approved by the Conservation Commission; and WHEREAS,the Town Council of the City known as the Town of Watertown approved a conceptual recommendation on the Fiscal Year 2020-2024 Capital Investment Program related to the design and construction funding of the Arsenal Park Plan in FY 2020; and; and WHEREAS,Arsenal Park is adjacent to the Arsenal Yards development site, upon which is proposed to be constructed residential, commercial, recreational; and entertainment facilities; and WHEREAS,the Arsenal Yards project will include a significant green space which will adjoin the eastern portion of Arsenal Park; and WHEREAS,the Arsenal Yards project is being undertaken on an accelerated basis to provide an optimal setting for tenants and the public, including the aforementioned green space; and WHEREAS,the Town would benefit from acceleration of Phase 1 of the Arsenal Park Plan; and WHEREAS, it is in the best interest of both the Town and the developer of Arsenal Yards that the development of all green space be coordinated to provide maximum public benefit within the Town; and 4 WHEREAS, an opportunity is presented by the mutual goals of the Town and the developer of Arsenal Yards to coordinate green space and park development including the joint use of landscape and site contractors already working on the Arsenal Yards project to construct the eastern end of Arsenal Park; and WHEREAS, such coordination would allow for expedited design and construction to coincide with the fall opening of adjacent businesses and residential areas; and WHEREAS,the statutory public procurement process associated with the Town's construction of the Arsenal Park Plan improvements would impact the Town's ability to coordinate efforts with the private developer and negate any savings to the taxpayers that may have been achieved through a public-private partnership to the Town; and WHEREAS, delays in the implementation of improvements to the Eastern portion of Arsenal Park will require an unsightly sectioning-off of that area fiom the improved Arsenal Yards development green space due to safety, liability, and other concerns; and WHEREAS, a public-private partnership allowing for accelerated development of the eastern portion of Arsenal Park provides significant public benefits to the Town. NOW THEREFORE BE IT RESOLVED,that the Town Council of the City known as the Town of Watertown hereby authorizes the filing with the General Court of a petition for a Special Act in the form attached hereto authorizing the Town of Watertown to enter into one or more agreements with private parties for the coordination, funding, and construction of renovations, improvements, and upgrades to the property owned and controlled by the Town of Watertown and known as Arsenal Park on such terms and conditions, including the length of the term thereof, as shall be determined by the Town Manager to be in the best interests of the Town, and that any contracts therefor shall be exempted from the provisions of the General Laws related to the construction, reconstruction, alteration, remodeling, repair and maintenance of improvements to public property, such exemption not to include the requirement for the payment of prevailing wages; and BE IT FURTHER RESOLVED, that the General Court may make clerical or editorial changes of form only to the bill, unless the Town Council approves amendments thereto before enactment by the General Court. Council Member I hereby certify that at a regular meeting of the Town Council for which a quorum was present,the above resolution was adopted by a vote of for against and_present on , 2019. Marilyn W. Pronovost, Council Clerk Mark S. Sideris, Council President An Act Providing for the Construction of Improvements to Arsenal Park in the Town of Watertown Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Notwithstanding the provisions of any general or special law to the contrary,the city known as the town of Watertown is hereby authorized to enter into one or more agreements with private parties for the coordination, funding, and construction of renovations, improvements, and upgrades to the property owned and controlled by the town of Watertown and known as Arsenal Park on such terns and conditions, including the length of the tern thereof, as shall be determined by the Town Manager to be in the best interests of the Town. SECTION 2. The procurement of construction services for such renovations, improvements, and upgrades may be undertaken in cooperation between the town and the private parties utilizing public and private funds, and any contracts therefor shall be exempted from the provisions of the general laws related to the construction, reconstruction, alteration, remodeling, repair and maintenance of improvements to public property, including chapter 3013, sections 44 to 58, inclusive, of chapter 7C, sections 44A to 44H, inclusive, of chapter 149, and section 39M of chapter 30 of the general laws. SECTION 3. The provisions of sections 26 through 27H, inclusive, of said chapter 149 shall apply to any contracts entered into for the construction of such improvements to said Arsenal Park. SECTION 3. Prior to the construction of any improvements pursuant to this act, any contractor hired hereunder shall provide the town of Watertown with a performance and labor and materials payment bond in the amount of one hundred percent of the value of the improvements to be constructed upon the public property, and with certificates of insurance indicating the existence of such coverage as the town manager shall determine to be in the best interests of the town. SECTION 4. All improvements constructed pursuant to this act shall become and shall remain the property of the town of Watertown. SECTION 5. This act shall take effect upon its passage. 662190/WATR/0001 1