Matters ▸ Attachment
MOA SRA-Council — File 211797
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MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into this ___ day of ________ 2021 between
the SOMERVILLE CITY COUNCIL (“Council”) and SOMERVILLE
REDEVELOPMENT AUTHORITY (“SRA”). Collectively, the Council and SRA shall
be referred to herein as the “parties”.
Whereas, the SRA was organized in 1956 pursuant to the authority granted by G.L. c.
121B, sec. 4 as “a public body politic and corporate”;
Whereas, G.L.c. 121B, sec. 5 establishes a redevelopment authority as a five member
board, four members of which are appointed by the mayor subject to confirmation by the
city council, and one member by the governor, but every member is a fiduciary of the
redevelopment authority;
Whereas, the City Council by Home Rule petition, which became c. 364 of St. 2018,
effective January 2, 2019, expanded the SRA to include two additional members, one of
which “shall be an alderman appointed by the president of the Board of Aldermen [now
City Council], to serve coterminous with the term of the president”, while the second
additional member is appointed by the Mayor subject to confirmation by the City
Council;
Whereas, the SRA is governed by G.L. c. 121B and regulations promulgated thereunder
at 760 C.M.R. 12.00 et seq., and is principally under the jurisdiction and review of the
Commonwealth of Massachusetts Department of Housing and Community Development
(“DHCD”);
Whereas, the implementation of an urban renewal plan requires that the City Council and
SRA coordinate efforts since the City Council must approve an urban renewal plan in
which properties may be designated to be taken by eminent domain, and approve
financial measures to fund the purchase of any such properties taken by eminent domain;
Whereas, the parties are desirous of clarifying the relationship between the City Council
and the SRA;
Now, therefore, the parties agree as follows:
1. City Council Liaison. The SRA member appointed by the City Council president
shall serve as liaison to the City Council. The City Council Liaison shall:
a.
Serve in an ex officio capacity;
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b.
Periodically update the City Council in general, and ward Councilor in
particular on SRA matters which may be of interest;
c.
Provide Council input on SRA matters;
d.
Serve as the conduit for questions that a Councilor may have for the SRA
if the Councilor is unable to attend an SRA meeting;
e.
Convey concerns articulated by the Council regarding SRA matters or
practices;
f.
Convey concerns articulated by the SRA regarding Council matters or
practices.
2.
Councilors Welcome to Participate or Appear at SRA Meetings. The SRA posts
all agendas and detailed minutes of the Authority’s meetings on the City’s website in
accordance with the Open Meeting Law. The SRA staff will also email SRA meeting
agendas directly to all Councilors. As of April 25, 2019, the SRA includes a public
comment period at every meeting; the SRA will now incorporate a public comment
period at the start of each meeting and as appropriate throughout the meeting to allow
comments to be heard relevant to Authority business on the agenda. Councilors are
always welcome to review the agenda and provide comments on agenda topics during a
public comment period. If a Councilor would like to appear before the SRA to speak on
an item appearing on an SRA agenda or to place an item on an agenda for an SRA
meeting, the Council member should contact SRA staff three days prior to an SRA
meeting so that the item may be included on the posted meeting agenda in accordance
with the requirements of the Open Meeting Law. The Councilor making such a request
shall be provided a reasonable opportunity to speak on any such agenda item at the SRA
meeting in question.
3.
Coordination between City Council and SRA in Implementation of an Urban
Renewal Plan When the SRA submits an urban renewal plan (“Redevelopment Plan”) to
the City Council for approval, but such plan does not include the request for proposals or
request for qualifications that the SRA agrees to use in the solicitation of developers to be
selected as discussed below, then the following process may be utilized by the City
Council:
(a). In the event that the City Council approves the Redevelopment Plan,
before the City Council approves the funding for any takings of property
identified in the Redevelopment Plan, then
(b). The SRA shall provide the City Council with the SRA’s request for
proposals or request for qualifications that the SRA intends to use in its
solicitation process to select developers, and
(c) The City Council shall inform the SRA of any changes that the City
Council requests be made to the request for qualifications or request for
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proposals within thirty (30) days of receipt of such document(s) but in any
event before the Council votes on any orders related to the funding for any
takings of property in connection with the Redevelopment Plan.
4.
Community and City Council Participation and Input on Property Dispositions.
a. Commitment to Transparent Solicitation Process. Although the SRA is
exempted from the requirements of the G.L. c. 30B solicitation process
when disposing of property, the SRA will agree to undertake such a
process when disposing of property or properties within an urban renewal
area, except when such property or properties are intended under the urban
renewal plan to be conveyed to the City for the purpose set forth in the
plan.
b. Dispositions to Non Profit Developers. City staff from the Mayor’s Office
of Strategic Planning and Community Development shall formulate a
request for proposals or request for qualifications, as appropriate, for any
parcel designated by the plan to be conveyed to a mission-driven non-
profit developer for the purpose set forth in the plan. The SRA shall select
the developer from the evaluations and recommendations of appropriate
City staff; for example, from the Director of Housing and/or the Director
of the Office of Housing Stability for an affordable housing development;
provided, however, that the recommended developer meets the
requirements of DHCD and 760 C.M.R. 12.05.
c. Formation of Civic Advisory Committee for Dispositions to For Profit
Private Developers. When the SRA undertakes a public solicitation
process for disposition of a property or properties to a for-profit private
developer, the SRA will form a Civic Advisory Committee (“CAC”) of
not more than 17 members which will include community members with
ties to the neighborhood including but not limited to residents, property
owners, business owners, or other stakeholders, the ward Councilor, and
an additional Councilor appointed by the City Council President. The
CAC will be charged with establishing community priorities for the
property to be included in a request for proposals or request for
qualifications, as appropriate. In parallel with the SRA, the CAC will
review developer submissions and presentations and shall make its
recommendations on semi-finalists and finalists to the SRA, together with
the reasons for such recommendations. For each solicitation, the CAC
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shall provide the SRA with at least two developer recommendations,
unless the CAC has determined that there are not a minimum of two
developers that have met the criteria set forth in the solicitation. The City
Council Liaison will convey the recommendations of the CAC to the
Council. The SRA shall vote to select a developer from the CAC’s
recommendations and shall give its rationale for such selection; provided,
however, that the recommended developer meets the requirements of
DHCD and 760 C.M.R. 12.05.
5.
Land Disposition Agreement Review and Comment. The SRA will provide any
draft land disposition agreements to the City Council Liaison one month prior to any
SRA discussion or vote. The City Council Liaison is encouraged to discuss the
agreement with City Councilors and collect comments from the City Council for
transmission to, and discussion by, the SRA. Final approval of any land disposition
agreement is given by DHCD pursuant to 760 C.M.R. 12.05(3).
6.
SRA Vacancies. SRA candidates appointed by the Mayor now undergo an
additional vetting process prior to being submitted to the Council for confirmation. The
protracted nature of the process in filling vacancies has resulted in occasional quorum
issues which can frustrate and delay the work of the Authority. Accordingly, the City
Council agrees to expedite, to the extent reasonably possible in conformance with its
obligations under the City Charter and other applicable laws, the confirmation process for
this position, as well as any future SRA vacancies. The parties recognize that in order to
exercise its confirmation authority, the office of the Mayor should in a timely manner
provide the City Council with a cover letter and resume of any such individual nominated
for appointment to the SRA.
7.
Facilitation of Public Input and Transparency Protocols . The SRA has
implemented the following protocols and procedures in order to make it easier for
members of the public and the community, as well as City Councilors, to participate in
SRA meetings and contribute information, perspective and insight to the SRA decision-
making process:
a. Created an easy-to-remember and easy-to-communicate single email address
for the SRA: sra@somervillema.gov;
b. All emails sent to sra@somervillema.gov intended for SRA members are
passed along without alteration to SRA members in a timely manner in advance
of a meeting. .
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c. All meeting materials and handouts are posted on the City website SRA page
with the agenda for that particular meeting.
d. Staff will work with the City Webmaster to post videos of each meeting on the
City website SRA page with the agenda for that particular meeting. If, after
returning to in-person meetings it is not possible to film and post video, audio
recordings will be posted of each meeting.
e. Created SRA project-specific email lists on the City’s website for members of
the public to sign up to be notified of SRA agendas, public hearings, and other
meetings related to specific SRA projects.
f. Posted the Winter Hill Urban Renewal documents and other SRA urban
renewal project-related materials on the City website SRA page so members of
the public can locate them quickly and easily.
8. Amendment. This MOA may only be amended by mutual agreement of the parties in
writing signed by both parties. The parties recognize that that this agreement cannot
abrogate any powers or authority given to the members of the City Council either
collectively or individually under the Somerville City Charter or applicable law.
Witness our hands and seals on the day and year first above written.
SOMERVILLE CITYCOUNCIL
SOMERVILLE
REDEVELOPMENT
AUTHORITY
____________________________
______________________________
By: Matthew McLaughlin
By: Philip Ercolini
Its: President
Its: Chair