City of Somerville
Massachusetts

Agenda Item
192407

43 Requesting that this Board review and approve the attached MBTA lease relating to the Community Path.

Information

Department:LawSponsors:
Category:Mayor's RequestFunctions:Miscellaneous Mayor's Request

Attachments

  1. BOA Order Community Path Lease Memorandum (This file has not yet been converted to a viewable format)
  2. BOA Order MBTA Community Path Lease (This file has not yet been converted to a viewable format)

Body

See Attached             

Meeting History

Dec 20, 2011 7:00 PM Video Board of Aldermen Regular Meeting
RESULT:REFERRED FOR RECOMMENDATION
Feb 8, 2012 6:30 PM  Finance Committee Committee Meeting

Ms. Thomas discussed the terms of the lease, a copy of which was sent to aldermen over a week ago, and noted certain obligations of the city which respect to the leased land. The city cannot derive any revenue from the land used for the path and the MBTA can locate utilities underground, however, air rights would have to be renegotiated. There will be a vote on this item which will become an exhibit to the lease. The MBTA has made it clear that the lease is not negotiable. Mass DOT will not review the project until the lease is signed, therefore it is a pressing issue due to funding.

Alderman White expressed concern regarding the need for an immediate vote, saying that since this is a substantial undertaking, he would like time to review it and does not feel that a 2 week delay would be a problem. Ms. Thomas stated that since federal funds are involved, the project must be advertised in a timely manner or the funds could disappear, however, she will contact the MBTA and find out if a 2 week delay is a problem.

Alderman White raised questions regarding the responsibility to remove hazardous waste, environmental testing/remediation, funding of the surfacing and the responsibility of the existing bike path’s maintenance. Ms. Thomas informed the members that the total cost will be from federal funds, however remediation will not be programmed by those funds. In her opinion, the MBTA has no responsibility for the condition of the premises. The city will share the cost of repairing a retaining wall in Davis Square with the MBTA. Both Mr. Bean and Mr. Renault-Caragianes assured the members that there is insurance for the bike path.

Chairman Heuston wants it understood that action on this item is not going to impede the public’s input with respect to design

RESULT:KEPT IN COMMITTEE
Feb 9, 2012 7:00 PM Video Board of Aldermen Regular Meeting
RESULT:APPROVED. [7 TO 3]
AYES:John M. Connolly, Bruce M. Desmond, Dennis M. Sullivan, William M. Roche, Maryann M. Heuston, Sean T. O’Donovan, Tony Lafuente
NAYS:William A. White Jr., Thomas F. Taylor, Rebekah L. Gewirtz
ABSENT:Robert C. Trane