Monthly Archives: May 2012

Walk Among the Shadows

This week I picked up a copy of the Vine Lake Preservation Trust’s new walking map of the old section of the Vine Lake Cemetery, called Walk Among the Shadows.  It is really well done, and looks to provide lots of information to make a tour of the old section a fascinating time.

I picked up my copy in the lobby of the Chenery Town House, and yes Mr. Chenery’s marker is one of the fifty ones on the map.  Kudos to the Vine Lake Preservation Trust.

SHUPS mission statement

I just revised Mike’s draft of the mission statement to the State Hospital Use/Purchase Study (SHUPS) committee.  SHUPS will review the issues surrounding the purchase of the Medfield State Hospital site by the town and/or other alternatives for the Town of Medfield.  My revisions just reordered what Mike drafted – I put the mission at the top, and the purchase by the town at the top of the mission, as that was the reason we created SHUPS.  My draft follows – ===========================================================
DRAFT MISSION STATEMENT FOR PURCHASE OF STATE HOSPITAL SITE

Mission

The Board of Selectmen would like the State Hospital Redevelopment Study Committee to evaluate the potential purchase of the Medfield State Hospital property by the Town of Medfield, including the costs, benefits, and any issues related to such a purchase.  This can include any additional capabilities of the town government that would be required to oversee the purchase, clean-up and redevelopment and/or reuse of a property of this size and scope.

Additionally, the Board of Selectmen seek advice on the potential economic uses of the former hospital site, a review of Chapter 269 of the Acts of 2008, and an examination of the expected recommendations from Jones, Lange, LaSalle.  This can be from the point of view of the residents of the Town of Medfield and the residents of the immediate neighborhoods, considering positive and/or negative impacts on the quality of life, the cost of servicing potential reuses, traffic, the availability of water, sewer and other town services, the impact on the school, library and park and recreation departments, the potential revenue stream, the impact of redevelopment on the Town’s requirement to provide a 10% share of affordable housing units, and any other factors that should be considered. Based on these findings, the Committee should make its own recommendations to the Board of Selectmen as to how the property might be redeveloped.

Background

The closing of Medfield State Hospital in 2003 left the Town of Medfield and the Commonwealth of Massachusetts with a site of over 200 acres on banks of the Charles River in the northwesterly corner of the Town. This property, containing over 50 buildings, virtually all of which have been vacant for eight years or more is zoned for either Business-Industrial use or Agricultural use. The site is also listed on the National Register of Historic Places and was designated as a local historic district (the Hospital Farm Historic District) by vote of the Medfield Town Meeting on April 25, 1994.

The property was declared surplus by the Massachusetts Department of Mental Health and is now managed by the Division of Capital Asset Management (DCAM). Over the past two years, DCAM has been attempting to clean portions of the site, which have been contaminated by dumping ·of hazardous waste. DCAM would like to finish the clean-up as quickly as possible and then dispose of the property by sale and/or by transfer to other state agencies. The Board of Selectmen has previously negotiated a disposition agreement with DCAM, which was enacted as Chapter 269 of the Acts of 2008. This agreement requires several actions be taken by the Town and/or the Commonwealth. For a variety of reasons, these actions have never been taken. In the meantime, the extent of the contamination was recognized and actions to identify the contaminants and clean-up the site are underway. DCAM has taken the position that it will handle the contamination along the banks of the Charles River and, to a lesser extent, on primarily vacant land on the westerly side of Hospital Road (the Sledding Hill). It has also stated that the clean-up of the contamination on the land and in the buildings to be sold, will be the responsibility of the purchaser.

For a number of years DCAM refused to consider the sale of the site to the Town of Medfield. Recently, under a new administration, DCAM has indicated that it would be willing to consider the sale of the site to the Town of Medfield, after reserving the river front property for transfer to the Department of Environmental Mana·gement’s Division of Forest and Parks. No price or value for the property to be sold has been discussed. DCAM has also recently engaged the real estate firm of Jones, Lange, LaSalle to undertake a study of potential redevelopment options for the property and it is expeCted that this study will be completed in the near future.

Conclusion

On behalf of the residents of Medfield, we, the Selectmen, would like to thank each of you for taking time out of your busy schedules and for putting your talents to work on a difficult and complex problem. It is only because of the willingness of so many of Medfield’s residents to step up and volunteer their services, that Medfield can maintain its small-town character and provide quality town services. The task you are taking on deals with one of the most important decisions facing the Town of Medfield in recent memory and your recommendations will be given the most serious consideration by this Board and other Town Boards and Committees, by the Town Meeting and by the Residents of Medfield.

CRWA’s letter to Sen. Pres. Murray

Charles River Watershed Association,190 Park Road, Weston, MA 02493, Telephone (781) 788-0007 Fax (781) 788-0057
Website: http://www.charlesriver.org Email: charles@crwa.org

Via Email

May 22, 2012

Hon. Therese Murray
Senate President
State House – Room 332 Boston, MA 02133

Re: Budget Amendments 134 and 135, Senator Timilty amendments

Dear Senate President Murray:

The Charles River Watershed Association (CRWA) was formed in 1965 in response to public concern about the declining condition of the Charles River. Since its inception, CRWA has figured prominently in all major clean-up and resource protection efforts in the watershed, which stretches from Hopkinton to Boston. We have over 5,000 members and in September, 2011, the Charles River was awarded the prestigious International Riverprize for excellence in river management by the International River Foundation. CRWA is actively involved in the Division of Capital Asset Management’s (DCAM’s) remediation of the former Medfield State Hospital, now a surplus property: we have attended numerous public meetings, met with DCAM’s Commissioner and MassDEP, and we have submitted extensive written comments on every phase of this G.L. c. 21E cleanup.

We oppose DCAM’s current cleanup plan, which will only remove a small portion (less than 15% of the more than 75,000 tons) of the contaminated fill located along the banks and in the floodplain of the Charles River. This 3.2-acre dump, 15 feet in depth, was created by the MA Department of Mental Health, which operated the Medfield State Hospital for over 100 years. The fill area contains asbestos, incineration ash, lead and other metals classified as hazardous material, and is located on top of what has been identified as a potentially productive aquifer for potable water supply.

Leaving 65,000 tons of this material in an unlined hazardous waste landfill with only a partial liner and capped only by soil will allow rainwater to penetrate into the fill, as well as allow contaminants to interact with the groundwater, which flows directly into the Charles River. DCAM’s proposed solution will also necessitate use restrictions on the property and require long-term monitoring and maintenance, greatly increasing future operation and maintenance costs. The proposed remediation is inadequate and not environmentally protective.
CRWA supports budget amendments # 134 and 135, which would require a full cleanup of this site and asks you to support these amendments as well. Amendment 134 adds not less than $5 million for “the total removal of all toxic materials from the site of the former Medfield State Hospital” so that it is “suitable for unrestricted use” and Amendment 135, Section X adds a new section prohibiting DCAM from proceeding with any remediation that doesn’t result in
future unrestricted use, and that any plan must be approved by the Medfield Board of Selectmen and address concerns of surrounding communities in the Charles River watershed.

Thank you very much for your consideration of this important matter. Please feel free to contact me if you have any questions at 781-788-0007, ext. 228.
Sincerely,
Elise Leduc
CRWA Rita Barron Scientist
cc: Senator James Timilty
Senator Cynthia Creem
Senator Mike Rush
Senator William Brownsberger
Senator Richard Ross
Representative Denise Garlick
Representative Daniel Winslow

MMA’s selectmen leadership conference

This is the agenda for the Massachusetts Municipal Association’s upcoming selectmen leadership conference, for which I have registered.  Last year the program was really instructive  –

8:30 a.m.
Welcome and Introductions
• Joshua Ostroff, Selectman, Natick and President, Massachusetts Selectmen’s Association

8:45 a.m.
Opening Session: State Auditor Suzanne Bump

9:30 a.m.
MMA Legislative Update
– FY13 Budget
– Health Insurance Reform Law
– Key State/Federal Legislative Issues
• Geoff Beckwith, Executive Director, Massachusetts Municipal Association

10 a.m.
Break

10:15 a.m.
Breakout Session A
Major Changes to Governance Laws
– Open Meeting Law
– Ethics and Conflict-of-Interest Law
– Public Records
– Executive Session
• Jonathan Sclarsic, Assistant Attorney General, Attorney General’s Office
• Lauren Goldberg, Principal, Kopelman and Paige

Breakout Session B
Becoming a Green Community: Benefits and Roadblocks
The Green Communities Act provides grants and technical assistance to adopt clean energy practices. Speakers will review the criteria to attain the Green Community designation and discuss what cities and towns are doing to lead the nation in energy-efficiency programing and renewable projects.
• Meg Lusardi, Director, Green Communities Program, Department of Energy Resources
• Ellen Barlow, Selectman, Easton

11:30 a.m.
Break

11:45 a.m.
Breakout Session C
Budget Basics
– Budget Timetables
– Budget Components
– Forecasting
– Long-Term Debt
– Best Practices
• Sanford Pooler, Finance Director, Amherst

Breakout Session D
Strategies for Creating Civil Discourse in Government
Open and fair debate, characterized by respect for opposing viewpoints, is essential for healthy government. Conflict may arise, but when it affects the business of the community, or is perceived to do so, it must be addressed. This session will discuss best practices in civil discourse and public decision-making.
• Susan Ostberg, Executive Director, Metrowest Mediation Services

12:45 p.m.
Lunch

1:30 p.m.
Closing Speaker: Gaming Commission Chair Stephen Crosby

2:30 p.m.
Adjournment

MMA’s agenda with Senate Budget

This is the Massachusetts Municipal Association’s alert about the Senate’s budget discussions –

SENATE TO BEGIN DEBATE ON THE
FY13 BUDGET BILL AND 694 AMENDMENTS
ON WEDNESDAY, MAY 23

PLEASE CALL YOUR SENATORS TODAY

On Wednesday, May 23, the State Senate will begin debate on the fiscal 2013 state budget recommendation released by the Senate Committee on Ways and Means last week.  Budget debate should be wrapped up by Friday, May 25 at the latest.

Vital local aid decisions will be made in the Senate over the next several days, and we are asking local officials to contact their Senator(s) today to make sure that local aid and local government concerns receive the highest priority.

The Senate budget committee recommendation (S. 4) would increase municipal and school aid by $130 million above the amount proposed by the Governor in January (H. 2).  The Senate Ways and Means proposal guarantees funding for unrestricted municipal aid at $900 million, adding $66 million to the base Cherry Sheet distribution; adds $180 million to Chapter 70 to guarantee $40 per student minimum aid for all cities, towns and school districts, and phase-in “target aid” in many districts; fully funds the SPED Circuit Breaker by adding $29 million to that account.  These increases are great news and a clear sign of the strong commitment of the members of the Senate to local aid this year.

The Division of Local Services (DLS) has released updated preliminary Cherry Sheets for fiscal 2013 showing aid amounts for individual cities, towns and school districts based on the Senate budget committee bill.  Local officials can view their preliminary Senate Ways and Means (SWM) Cherry Sheets at the following link: http://www.mass.gov/dor/local-officials/municipal-data-and-financial-management/cherry-sheets/2013-cherry-sheets/

Senate members have filed 694 proposed amendments on a wide variety of matters, including many that would impact local government.  Most would add funding to local aid accounts or change state law to help cities and towns in other ways.  Some proposed amendments would not be helpful and we will be asking that these be rejected.  Debate will begin on Wednesday, May 23, and it is imperative that your Senators hear from you regarding these amendments.

Please click here to download a copy of the MMA’s letter to Senators on the proposed state budget and the amendments that will be debated this week.

PLEASE CALL YOUR SENATORS TODAY ON THE FOLLOWING AMENDMENTS – THEY MUST HEAR FROM YOU ON THESE KEY ITEMS:

SUPPORT COMMUNITY PRESERVATION ACT:  The MMA SUPPORTS Amendment 62 to fund the Community Preservation Act (CPA) filed by Sen. Cynthia Creem and Minority Leader Bruce Tarr.  The Senate Ways and Means budget already includes language to improve the CPA by allowing funds to be spent on existing recreational facilities, allowing non-property tax dollars to fund a portion of the local match (both changes are in the House-passed budget).  This amendment adds the funding mechanism adopted by the House, providing for an annual transfer of $25 million from any end-of-year state budget surplus into the CPA Statewide Trust Fund rather than relying on an increase in the registry of deeds recording fees.

OPPOSE EARMARK TO FORCE 100% MUNICIPAL FUNDING FOR QUINN BILL:  The MMA strongly OPPOSES Amendment 423 that would effectively reduce, earmark and divert Cherry Sheet Unrestricted General Government Aid (UGGA) to pay the state’s 50 percent share of the Police Incentive Pay Program.  The state has eliminated the appropriation for the state share.  Under this amendment, the state’s share would be deemed to have been paid by using local funds, which would then force every participating city and town to appropriate a matching amount from local property taxes, completely undermining the recent SJC decision that determined that cities and towns do not have to make up or match the state share unless a local contract requires them to do so, and wiping out almost all of the $66 million increase in unrestricted municipal aid in the Senate budget.

OPPOSE HUGE EXPANSION OF COLLECTIVE BARGAINING AND EROSION OF EXISTING MANAGEMENT RIGHTS: The MMA strongly OPPOSES Amendment 136. This measure would totally undermine existing management rights to appoint, promote, transfer and remove employees, especially in public safety, by overriding existing laws and making these decisions subject to collective bargaining and arbitration. The amendment would override state law and allow arbitrators and JLMC to impose contract provisions that reduce the ability of cities and towns to make basic hiring, appointment, transfer and removal decisions.  This amendment would strip municipal executives, including managers, selectmen, mayors, and police and fire chiefs, of basic management authority that has existed in the law for decades.  The House rejected a similar amendment.

OPPOSE A CHANGE IN THE MEMBERSHIP ON THE OPEB COMMISSION:  The MMA OPPOSES Amendment 232.  This amendment would make changes to the special commission established last year to study and make recommendations relative to Other Post Employment Benefits (OPEB).  The Commission currently has a balanced and well-qualified membership led by a very able chair that has already started its work.  This amendment would lead to an unbalanced group and disrupt the work that is underway.

SUPPORT FUNDING FOR THE MCKINNEY-VENTO MANDATE:  The MMA SUPPORTS Amendment 358 to add $11.3 million to fully fund the unfunded state mandate for homeless student transportation costs triggered by state acceptance of the federal McKinney-Vento Act.  This section would provide the funding to cover the certified costs that the Department of Elementary and Secondary Education (DESE) would be required to determine through regulations under section 124 of S. 4.  The House included the $11.3 million in its budget.

If you have any questions, please contact MMA Legislative Director John Robertson at jrobertson@mma.org or Legislative Analyst Catherine Rollins at crollins@mma.org or at (617) 426-7272.  Thank you very much.

Sen. Timilty’s Chief of Staff says to stop emails to senate staffers

I just had a call from Rob McLaughlin saying that Medfield has to stop emailing the senate staffers, as it is losing us more with the Senate President than we are gaining (copy of my notes of the call are attached below) –

=================================

DATE:   5/22/2012, TIME:   9:47AM
RE:  please do not email staffers – it is causing a problem
TELEPHONE CALL FROM:   Rob McLaughlin, Chief of Staff to Sen. James Timilty

MATTER:  Medfield State Hospital Reuse

MY NOTES OF THE CALL:
1 – please ask Medfielfd people to not email the senate staffers – it is causing a problem, losing us more than we gain with the Senate President
2 – do not copy emails to the following senate staffers
Ariana Kelly,
David Selty, and/or
Bob Ross

All those senate staffers are doing now is just ignoring the emails and forwarding them to Rob McLaughlin
=================================

On being a selectman

Emails this weekend to figure out how to have people express support for Sen. Timilty’s budget amendments for the Medfield State Hospital clean up, and today emailed Senate President Murray myself.

Today I also dealt with a new member to the MSH study committee and reviewed emails about the ad hoc 4 town committee studying the Bay Colony Rail Trail.

I am continuing to ruminate about the town’s ability to impact the development of the downtown – I think we missed a major opportunity several years ago when we did not push to support the Montrose School site being developed with mixed use housing and retail uses.  It would have made the downtown slightly larger, which we do need, moved the center of the downtown off North Street, and would have provided housing without many school children.  Those proposals needed a zoning change to happen, and there was no support at the time for that by the administrators and/or at the Board of Selectmen.

At the moment there are several downtown sites that are empty, and the town needs to be as proactive as it can be to figure out how best to get those sites filled with optimal tenants.

  • The former Strata Bank spot remains empty
  • The Cushman House on North Street, owned by the Montrose School, is both empty and falling down
  • The former garage on Jane’s Avenue is empty
  • The Mobil Station site is in transition
  • The former Coldwell Banker office on Main Street is empty
  • We need to do something to make the Park Street retail area more visible to traffic on Main Street

Both our blessing and our problem result from the same fact, that none of these sites really lend themselves to occupancy by the chain stores or restaurants that seek a site with a building surrounded by a sea of asphalted parking lot.

The downtown study committee commissioned an initial study of the downtown, 5-10 years ago, that told us to focus on the block surrounded by Main Street, North Street, Frairy Street, and Upham Road, with the First Parish Meeting House and Bakers Pond as the center of our town, having all the retail establishments open onto the parking lot in the middle of the block.  That study also recommended a pocket park next to Zebra’s and a green path along Vine Brook.

At the time, we heard from Norwood’s planner about its strategy of providing more liquor licenses to lure more restaurants to their downtown, and the large grants they got to improve their street scape with street lights and façade upgrades.

We may not be in ultimate control what tenants what rent spaces, but we should actively work to see what we can do to improve the downtown.  Perhaps we can still parlay that initial $30,000 study into the larger grant monies that we thought would be available at that time after we had the first study in our hands.

Rep. Winslow supports Sen. Timilty’s budget amendments

Rep. Winslow’s office had a ready rely (a copy of the email appears below).  They probably heard from all of you before I got to them today, and I got what had been sent to all of you.

+++++++++++++++++++++++++++++++++++++++++++++++

5/21/2012 11:57AM
RE: Sen. Timilty budget amendments with respect to Medfield State Hospital
Winslow, Daniel B.
MSH – Medfield State Hospital Reuse
“Hong, Nina (HOU)”
“Osler L. Peterson”

Dear Pete –
Thank you for your email.  I discussed your concerns with Rep. Winslow who supports Sen. Timilty’s budget amendments.  Rep. Winslow remains supportive of the residents’ efforts to assure a safe and clean environment, and to that end, stands ready to assist as needed.

Please feel free to contact our office if we can help in any way.

Best,
Nina
+++++++++++++++++++++++++++++++++++++++++

Here is Senate President Murray’s reply –

+++++++++++++++++++++++++++++++++++++++++++

Dear Friends:

Thank you for your email. As your representative in the Massachusetts Senate, I encourage you to contact me on issues that are of importance to you and the communities of the Plymouth and Barnstable Senate District.

I am pleased to hear your thoughts on so many issues and challenges facing the Commonwealth and, in particular, the people of the South Shore and Cape Cod. Due to the large volume of emails received every day, I may have a staff member contact you regarding your inquiry.

In order for me or my staff to respond to your concern, please be sure to include your name, address and telephone number. Should you need my immediate assistance, please do not hesitate to contact my Boston office at 617.722.1500.

Again, thank you for taking the time to contact me. I look forward to hearing from you again soon.

Sincerely yours,

THERESE MURRAY

President of the Senate

Sen. Timilty’s chief of staff asks that email not go to staff

Andrea Balsamo  was advised this morning by Sen. Timilty’s chief of staff that emails sukpporting Sen. Timilty’s budget amendments to properly clean up the Medfield State Hospital site should not go to staff –

========================================

Hi, I just spoke to Robert Mclaughlin who is Senator Timilty’s Chief of Staff.  I had incuded my phone number on my messages I sent this morning.  He requested that we not send the email to the staffers as it it causing problems and it is ultimately counter productive to us and to Senator Timility’s amendments we want passed.  He suggested we sent it to the following people

=============================================

 

This was my email in support of Sen. Timillty’s amendments –

==============================================

5/21/2012 11:26AM
Sen. Timilty budget amendments with respect to Medfield State Hospital
MSH – Medfield State Hospital Reuse
Therese Murray
===========================================================

Dear President Murray,

I am writing to express my support for Sen. Timilty budget amendments that provide monies for the proper clean up of the site of the former Medfield State Hospital.  I am a 12 year member of the town’s Board of Selectmen, and Sen. Timilty’s amendments will effect the Town of Medfield’s official position that favors a complete clean up that results in no use restrictions and/or limitations on the site after the clean up.

We are told that the Massachusetts Contingency Plan may legally allow a lesser clean up, by the cap and cover method DCAM has proposed, but we do not think that is the proper result for the state to follow to clean up 100 years of dumping of toxic materials by its own DMH into the Charles River.  Our most productive town well is 3000″ from this dump site, and should we ever need to drill a new well to get more water, a well even nearer the dump site could not be allowed, if the dump remains.

Thank you for your courtesies and assistance with this matter.  Please let me know if you have any questions.

Best,
Pete
Osler L. Peterson, Attorney at Law
PETERSON | Law
580 Washington Street, Newton, MA 02458
66 North St, PO Box 358, Medfield, MA 02052
T 617.969.1500
T 617.969.1501 (direct)
M 508-359-9190
F 617.663.6008
osler.peterson@verizon.net
http://mysite.verizon.net/osler.peterson/
Medfield Information at: Facebook, https://medfield02052.wordpress.com/ & http://twitter.com/Medfield

CONFIDENTIALITY NOTICE: This e-mail (including attachments) is covered by the Electronic Communications Act, 18 U.S.C. 2210-2521, is confidential, and legally privileged. This e-mail contains information that is private, confidential, or protected by the attorney-client work product doctrines, and is intended only for the use of the intended recipients. If you are not an intended recipient, be advised that the unauthorized use, disclosure, copying, or distribution of this
information is strictly prohibited. If you have received this e-mail in error, please notify the sender by replying to this e-mail, and delete the original message and any attachments.
==================================

MSH clean up amendments are in Senate budget

Per email just now from John Nunnari, Sen. Timilty got the Medfield State Hospital clean up in as budget amendments –

===========================

Two amendments filed by Sen. Timility to the Senate budget. Debate begins next Wednesday. If the town supports/opposes, I strongly suggest a letter to the Senate Presidents should be sent immediately. I’d cc the following to ensure it’s gets read promptly:

Richard Ross, Chief Policy Advisor

David Seltz, Senior Policy Advisor

Arianna Kelly, Policy Advisor

 

John

GOV 134

Medfield State Hospital

Mr. Timilty moved that the bill be amended, in Section 2, in item 1102-3205, by inserting at the end thereof the following:- “provided further, that not less than $5,000,000 shall be expended for the total removal of all toxic materials from the site of the former Medfield State Hospital to the extent that, upon completion of the cleanup, the land is not subject to any activity and use limitation and is suitable for unrestricted use”; and in the same item by striking the figure “16,250,000” and inserting in place thereof the the following figure:- “21,250,000”

 

GOV 135

Medfield State Hospital Cleanup Plan

Mr. Timilty moved that the bill be amended by adding at the end thereof the following new Section:-

SECTION X. Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance shall not implement any cleanup plan for the site of the former Medfield State Hospital until the plan (i) is based on a standard of unrestricted use for the site (ii) fully complies with all state and federal environmental regulations and standards (ii) complies with the recommendations regarding flood plain restoration and management as described in the September 2011 Massachusetts Climate Change Adaptation Report (iv) is approved by a vote of the Medfield board of selectmen and (v) addresses the concerns of surrounding communities in the Charles River watershed. The department shall immediately begin a revision of its current plan to meet the requirements set forth in this section

 

 

John Nunnari, Assoc AIA

Executive Director, AIA MA