Ask Congress to repeal the Feres Doctrine

The Feres Doctrine prevents active duty military service people from getting compensated for being injured or killed while serving.  It is not fair to our service members and should be repealed.  My trade group, the American Association for Justice (www.justice.org – personal injury attorneys serving injured people), is pushing bipartisan legislation that repeals the Feres Doctrine.  Please support doing so.

logo-take-justice-back

TAKE ACTION: Ask your member of Congress to support new legislation to protect the rights of U.S. servicemembers to seek civil justice when injured or harmed. #SaveStayskal #UnfairFeres

Sethji’s – New restaurant – Mali, Indian, fusion

A new restaurant has opened on Park Street, which the Board of Selectmen was told at the licensing hearing would combine Indian and Mali cooking, fusion, and be mainly take out.  Below is from the website about the weekly take out Indian meals.

Sethjis

Vegetarian Indian Meals-To-Go

1-857-265-9876

sethjis-phone
sethjis-pot
sethjis-microwave
“Welcome to Sethji’s!

Enjoy a natural, vegetarian lifestyle with our midweek dinners selection, cooked to perfection ahead of time so that you can keep your week going smoothly.

Our authentic South Indian dinners are served THALI style, that means everything’s included!

Thank you and see you soon!”

–Divya Raghavan Molloy

thali

This Weeks Dinner Includes

+Mixed Vegetable Sagu, +Podi Urulai Kizhangu, +Podalanga Kootu, +Tomato Bhath, +White Rice, and +Whole Milk Yogurt.

Order Now!

*Do let us know if you have any allergies!

**Order until Tuesday evenings by midnight and you can pick up your meals on Wednesdays between 4pm and 7pm.

*** If you need enough for two people, specify quantity “2” in the order form before clicking the “Order Now” button. Order for as many people as you need!

Mixed Vegetable Sagu

Carrots, beans, Peas, potatoes cooked in a coconut and poppy seeds gravy and spices that are roasted in coconut oil. This is a classic version of the versatile Sagu comes from the state of Karnataka!

-Eaten with the chapatis (V)(GF).

Podi Urulai Kizhangu

Two different varieties of potatoes tossed in spice mix made out of chickpeas, coconut, chilies and aromatics.

-Eaten with white rice (V)(GF).

Podalanga Kootu

Snake Gourd cooked in mungbeans and spices. Mild, delicious and so satisfying.

-Eaten with white rice or by itself (V)(GF).

Tomato Bhath

Rice cooked in a tomato based sauce and aromatics.

It’s delicious by itself and goes great with some yogurt! (V)(GF).

Chapatis

Chapatis- Whole wheat flat bread to be eaten with the Sagu

Also Includes

White rice (V)(GF).

Whole milk yogurt.

Order Now!

*Do let us know if you have any allergies!

**Order until Tuesday evenings by midnight and you can pick up your meals on Wednesdays between 4pm and 7pm.

*** If you need enough for two people, specify quantity “2” in the order form before clicking the “Order Now” button. Order for as many people as you need!

Office hours tomorrow

office hours sign

Selectman Office Hours Tomorrow

I hold regular monthly office hours at The Center on the first Friday of every month from 9:00 to 10:00 AM (my litigation schedule permitting).  I will be there tomorrow.

Residents are welcome to stop by to talk in person about any town matters.

Residents can also have coffee and see the Council on Aging in action (a vibrant organization with lots going on).

I can be reached via 508-359-9190 or this blog about Medfield matters <https://medfield02052.wordpress.com>/, where any schedule changes will be posted

Rosebay – Hobson’s choice

Rosebay at Medfield

First, the Medfield Press’ Mike Gleason did a good article on Rosebay this week, available here

Second, I answered a query from a neighbor this morning that I thought others might find useful, so I am inserting it below.

****************************************************

Rosebay, which is technically not an expansion of Tilden Village, proposes to provide 45 units of income restricted housing for seniors on Pound Street land owned by the Medfield Housing Authority next to Tilden Village, which project has been initiated and pushed forward by the Medfield Housing Authority.

The Board of Selectmen have for years asked the Medfield Housing Authority to move forward with such a project. The current Director, Candace Loewen, and her board have been the ones to actually get it done, and for that the town needs to thank them. However, I think the town was surprised by the size and scale of the end product.

The only way to create such a project at this time is by using low income tax credit financing, where the tax credits for such projects issued by the state get sold to pay for the building of the project. The rental income would not be great enough for such a project to get regular financing. The Parc was also built using this method.

There seems to be universal agreement that more such senior housing is needed in Medfield, with the point of disagreement being whether the size and mass of this current proposal is disqualifying.

The decision of what to do with that project rests entirely with the Zoning Board of Appeals of the Town of Medfield, in response to the application for a comprehensive permits that was recently filed. There will likely be several nights of hearings, the first of which is scheduled for August 15, 2019. The ZBA will retain, at the developer’s expense, its own experts to peer review the application and to make recommendations to the ZBA. In the usual circumstance, the ZBA has a Hobson’s choice, since if they deny the application the developer will merely appeal to the state Housing Appeals Committee (https://www.mass.gov/service-details/housing-appeals-committee-hac), which tends to always allow almost all developer appeals. Therefore the usual ZBA task is to thread the needle of approving the application, but with conditions that make it more palatable for the town while not making it “uneconomic” (statutory term) for the developer.

In this instance, the ZBA has the additional decision to make, namely as to whether to invoke the town’s current “safe harbor” status under G. L. c. 40B, which allows the ZBA to deny the application outright.

So the ZBA decision will need to be a political balancing act by the ZBA members between a desirable, needed project that can apparently only be economically done with all 45 units, versus a project that many seem to feel is generally out of scale with the existing neighborhood. It would be a much easier decision if the project was only two stories tall – I spoke to the developer about reducing it to two stories, and was told it cannot be done.

Further complicating the decision is the fact that the project is used by the Affordable Housing Trust’s projections as what is both necessary to keep the town within the 40B safe harbor while we get to the ultimate 10% affordable housing and to achieve the 10% affordable housing number that then provides ongoing safe harbor to the town. Therefore, denying this project would put the town back at risk in several years of unfriendly 40B projects, such as the Mega-B, and as long as the town if below the 10% Subsidized Housing Inventory (SHI) level by even one unit, we are at risk from an unfriendly 40B of up to 200 units..

The Rosebay developer has already reduced the size and scale of the project some, as the result of a series of meetings with an ad hoc group of residents, mainly from the Planning Board and the Affordable Housing Trust. The recent positive memo from that group to the Board of Selectmen can be found on my blog.

The Medfield Housing Authority Director and board members were active and strong proponents for the project when it was discussed at the Board of Selectmen meeting Tuesday evening, making the points about how long their waiting list are for seniors seeking affordable housing and now much the 45 units of housing are therefore needed in town. That is an argument and a constituency that will be hard for the ZBA to ignore. Similarly, the neighbors have valid concerns about the size and scale of the proposal, as it would not be allowed there but for being a 40B project.

This presents a true Hobson’s choice for the ZBA – does is disappoint the neighbors, or does it disappoint the seniors, the Medfield Housing Authority and put the town at risk for unfriendly 40B’s. Perhaps the ZBA can craft an acceptable compromise.

Final budget #s from state

Division of Local Services (DLS) of the Massachusetts Department of Revenue has released the final state aid amounts based on the recently passed and signed state budget.

Our total state aid monies are up about $130,000 over the $7,822,174 received last year.

 

MA Department of Revenue Division of Local Services Final Municipal Cherry Sheet Estimates Data current as of 07/26/2018 C.S. 1-ER Commonwealth of Massachusetts Department of Revenue FY2020 NOTICE TO ASSESSORS OF ESTIMATED RECEIPTS General Laws, Chapter 58, Section 25A Medfield A. EDUCATION Distributions and Reimbursements Chapter 70 6,288,744 School Transportation 0 Charter Tuition Reimbursement 0 Smart Growth School Reimbursement 0 Offset Items - Reserve for Direct Expenditure: School Choice Receiving Tuition 0 Sub-Total, All Education Items: 6,288,744 B. GENERAL GOVERNMENT: Distributions and Reimbursements Unrestricted General Government Aid 1,539,280 Local Share of Racing Taxes 0 Regional Public Libraries 0 Urban Revitalization 0 Veterans Benefits 17,234 Exemp: VBS and Elderly 42,087 State Owned Land 47,799 Offset Items - Reserve for Direct Expenditure: Public Libraries 17,504 Sub-Total, All General Government: 1,663,904 C. TOTAL ESTIMATED RECEIPTS: 7,952,648 C.S. 1-ER Commonwealth of Massachusetts Department of Revenue FY2020 NOTICE TO ASSESSORS OF ESTIMATED CHARGES General Laws, Chapter 59, Section 21 Medfield A. COUNTY ASSESSMENTS: County Tax 118,917 Suffolk County Retirement 0 Essex County Reg Comm Center 0 Sub-Total, County Assessments: 118,917 B. STATE ASSESSMENTS AND CHARGES: Retired Teachers Health Insurance 0 Mosquito Control Projects 67,021 Air Pollution Districts 4,845 Metropolitan Area Planning Council 6,810 Old Colony Planning Council 0 RMV Non-Renewal Surcharge 5,060 Sub-Total, State Assessments: 83,736 C. TRANSPORTATION AUTHORITIES: MBTA 288,069 Boston Metro. Transit District 0 Regional Transit 0 Sub-Total, Transportation Assessments: 288,069 D. ANNUAL CHARGES AGAINST RECEIPTS: Multi-Year Repayment Program 309,996 Special Education 3,760 STRAP Repayments 0 Sub-Total, Annual Charges Against Receipts: 313,756 E. TUITION ASSESSMENTS: School Choice Sending Tuition 45,620 Charter School Sending Tuition 0 Sub-Total, Tuition Assessments: 45,620 F. TOTAL ESTIMATED CHARGES: 850,09820190731-cherry sheet-MuniFinalBudget175_2020_Page_2

BOH seeks members

town seal

Board of Health is seeking new members

The Medfield Board of Health is seeking new members, and anyone interested should contact Evelyn Clarke at 508-906-3012 or eclarke@medfield.net.

This is the description of the Board of Health from the Town of Medfield website –

Overview

The Board of Health, under the jurisdiction of the Massachusetts Department of Public Health, ensures that all state regulations pertaining to public health are enforced. The Board may also promulgate local regulations that it deems to be in the best interest of public health.

The Board of Health employs a Professional Engineer/Agent to review all plans concerning stormwater runoff, drainage, and septic system design as they pertain to subdivisions, commercial property, and private homes. The Massachusetts Department of Environmental Protection (DEP) gives local boards of health the authority to draft and enforce regulations to enhance Title 5, private wells, and drainage.

Daily Activities

The daily activities are coordinated by the Administrative Agent. The routine services and compliance activities are performed by a Health Agent, a Public Health Nurse, and the Inspector of Animals.

BoS 7/30

The agenda for July 30, 2019 and the back up materials are available via this link – 20190730-agenda&amp;materials – the agenda is below –

TOWN OF MEDFIELD POSTED: MEETING NOTICE LUIS JUL 2b A II= ltS .-,,.·,.;n,- OF THE l :r r p_.c -,,..,,_~,1~ "! Ee" f rr~ {·~ LL __ ff POSTED IN ACCORDANCE WITH THE PROVISIONS OF M.G.L. CHAPTER 39 SECTION 23A AS AMENDED. Board of Selectmen Board or Committee PLACE OF MEETING DAY, DATE, AND TIME Town Halt Chenery Meeting Room, 2nd floor Tuesday July 30, 2019@ 7:00PM 7:00PM Call to order Disclosure of video recording AGENDA (Subject to change) We want to take a moment of appreciation for our Troops serving in the Middle East and around the world Citizen Comment Appointments 7:05PM Swearing In of Deputy Police ChiefLarz Anderson Discussion of application for 'Rose6ay at .Jvledfie{d' John Thompson; update on state hospital property Fred Davis and members of tl,le Energy Committee; discuss state hospital carbon footprint; application for a $12,500 Municipal Energy Technical Assistant grant Action Items Certificate of appreciation for Pastor Chechiles Request for lawn mowing at Unitarian Church Request from Town Administrator and Police Chief to participate in the Tri-County Internship Program Selectmen are requested to vote to appoint Fire Chief Carrico as Medfield's Emergency Management Director Town Clerk recommends the appointment ofNathan Bazinet to the Board of Registrars Selectmen are requested to vote to sign the contract with LeftfieldLLC for Dale Street School Feasibility Study Selectmen are requested to vote to appoint Michael Quinlan to the MSBA Designer Selection Committee DPW Director Maurice Goulet requests the Board of Selectmen to vote to sign the following contracts: Re-Bid SERSG Contract for FY20 Water Sewer Treatment Chemicals MTC OPS, LLC, Walpole MA; assist the Town to dispose of surplus vehicles and equipment; Town pays12% of each item sold Environmental Partners Group, Inc., Quincy MA Landfill Monitoring Program, amount $31,800.00 Pare Corp., Foxboro MA; Danielson Pond Dam Study, amount $16,250.00 Inspec Coatings, Inc., Campbell Ohio; Mt Nebo Tank Rehabilitation, amount $513,900.00 Discussion Board of Health Pending Town Administration Evaluation Town Administrator Goals FY2020 Licenses and Permits (consent agenda) Medfield Public Library requests using the Town Gazebo on August 10, 1-1 :30PM for the Charles River Chorale concert Owen Hawkins, Manager 7th Wave Brewing, Medfield requests a one-day malt beverage permit for the Brew Moon Hike at Rocky Woods, August 17 6:00-8:00 PM Medfield High School Football Team requests permission to hold a fundraising car wash behind Town Hall on Sunday August 25, 9AM to Noon Medfield Student Council requests permission to hold a fundraising car wash behind Town Hall on Saturday September 28, 10AM-2PM Block Party permit is requested for the Cypress Street neighborhood on Saturday September 14, 2-9 PM; rain date Sunday September 15 Kathy and Abe Schickel request permission to hold the 7th Annual Run Like A Maverick 5k on Sunday May 3, 2020. The 5K is held in memory of their daughter Elizabeth who was a Montrose Student and passed away in 2014. Mr. and Mrs. Schickel deeply appreciate the support of the Medfield Community through the years Town Administrator Update ,...__, .~ =.' ~- ~· . Review Board of Selectmen Action List • • ..J--.Y-s ; 'I '.:::> .....,., (..._ !:. c::_ ,,-:::_ ---~ ,~-· ::r.F ~~~f.~ N f'{,- orr --. o- :;;, m::....~.,0, Mrr· J> l;":" ;u-l 0 A:C - :X rrt .. )> Selectmen Report .r= (/) U1 (;{> Informational Letter from Department of Housing and Community Development confirming the proposed LIP project Aura at Jvt.edfie{dhas been approved (American Legion building site) Notice from Secretary ofthe Interior Medfield receiving Payment in Lieu of Taxes (PILT), amount $1,284 Copy of ZBA public hearing notices for August 14 and August 15 Copy of Medfield Conservation Commission Legal Notice for August 1 meeting, subject maintenance of stone wall at Bakers Pond Copy of letter to Building Commissioner from Insurance Services Office, Inc. Letter from Norfolk County Sheriff Jerome McDermott regarding inmate community service Letter from MAPC regarding annual Municipal Elections Notice from Norfolk County regarding Medfield's tax levy Copy of letter from Kleinfelder Inc. (environmental) regarding Cumberland Farms final inspection and completion statement Copies of correspondence between Bishop Lane residents and Appalachian Mountain Club regarding Bay Circuit Trail Thank you letter from resident for assistance at the Transfer Station Next meeting dates Tuesday August 13 Thursday August 29 Tuesday September 3 r--. c-... ~.. -I=" (/) t/JPages from 20190730-agenda&amp;materials_Page_2Pages from 20190730-agenda&amp;materials_Page_3

Rosebay update

Yesterday I had an informative telephone call from Brian McMillin, the developer of Rosebay, about my prior blog post wherein I stated that he preferred to make design changes to the project within the ZBA comprehensive permit process, and then in response to my outreach to her for a status update on the ad hoc group, an emailed MEMO from Town Planner, Sarah Raposa.

  • Brian outlined for me the many project changes that he had made to accommodate the concerns expressed by the town and the ad hoc group with whom he meet over concerns about the size and scale of the design.
  • Sarah shared her 7/22/2019 MEMO to the Board of Selectmen about the work of the Rosebay Ad Hoc Design Review Group (copy attached below).

Contrary to my prior understanding, I learned that the ad hoc group had made substantial progress in getting changes made to the design, which are enumerated in the MEMO.  I also learned from Brain McMillin that none of my own personal suggestions from having studied the plans this week for how to make it a two story project would work, if it is going to remain a 45 unit project.

This is the conclusion stated in the MEMO:

  • Conclusion:  . . . The group has worked to openly review the design and make recommendations that allowed the developer to put forward the best version of their proposal, and conversely Newgate has been open to the recommendations suggested and have made improvements to their proposed development.

Finally, I note that our fellow residents who so kindly served on this ad hoc group, Greg Sullivan, Todd Trehubenko, and Jim Brand, have tremendous professional experience in the real estate development and design area, so our town got truly first rate, high quality professional input in this process.

Town of Medfield 459 Main Street Medfield, MA 02052 (508) 906-3027 Memorandum To: Board of Selectmen From: Sarah Raposa, Town Planner Date: July 22, 2019 Re: Rosebay Ad Hoc Design Review Group Recommendation In August 2018 DHCD and the Town of Medfield received an application for a 45- unit senior rental development called “Rosebay at Medfield” submitted by Newgate Housing LLC / Brian McMillin. The Board of Selectmen were specific in their municipal comment letter in that the Board is in support of the concept (providing affordable senior rental units as articulated in both the 2016 Housing Production Plan and the Medfield Affordable Housing Trust’s Action Plan) but may opt to not support the project because of the current design and recommend that the ZBA deny the project, as is their right due to the Town’s position in Safe Harbor. Despite the process being a traditional 40B, the Developer agreed to meet, informally, with a few members of town boards that may be helpful in working through some of the massing, height, and bulk issues associated with the proposal. Rosebay Ad Hoc Design Group:  Greg Sullivan Planning Board  Brian McMillin NewGate Housing LLC  Jim Brand AHT/PB Assoc.  Mark Major VMY Architects LLC  Todd Trehubenko AHT  James Koningisor Project Manager  Sarah Raposa Town Planner  Courtney Starling COG Meeting #1 (January 10, 2019): In assessing the major factors influencing the development; the size of the lot, the number of units proposed by the developer, elevator requirements, and the desire to utilize rooftop mechanical systems while maintaining a proportionate roofline, the group felt that that it would be difficult to substantially reduce the massing without reducing unit count. The group challenged Newgate to evaluate additional design changes that might reduce impact. These included recommendations to reduce roof pitch, removal of even taller roof elements, increasing setbacks from road and abutters, continuing character of street frontage with a stone wall, trees and other vegetation, aspects of lighting, and other related changes. The group suggested the applicant create a contextual elevation or graphic showing adjacent buildings, providing neighborhood context, and a site plan showing all site-specific elements such as trees, other vegetation and landscape elements, lighting levels, and their proposed pedestrian path through the site. The Newgate team was proactively engaged and open to the comments of the group. Town of Medfield 459 Main Street Medfield, MA 02052 (508) 906-3027 Meeting #2 (May 2, 2019): The Newgate team presented revised plans, elevations and neighborhood context graphics that included design changes that addressed in actuality or the spirit of the comments of the Design Review Group. The following changes and clarifications were made to the proposal: 1. The front setback from Pound Street was revised from 30.5’ to 60.4’. This is twice the required setback in the RU zoning district. 2. The building height was reduced by 10’ to 40’. The zoning bylaw allows a height up to 35’ for multifamily use in the RU district so this would be a 5’ waiver request. 3. The gross building area was reduced by more than 2,000 square feet (from 50,670 sf to 48,524 sf). 4. The distance to neighboring buildings is shown on the revised site plan indicating compliance with the side setback requirements in the RU zoning district. 5. The walking path from Pound Street to the High School/Middle School is proposed as stone dust. 6. An 8’ privacy fence is proposed between walking path and the adjacent historic property at 58 Pound Street. 7. As requested, the Developer submitted landscaping and lighting plans. The landscaping plan provides context on the preservation of existing vegetation and proposed additional screening. The lighting plan confirms no unnecessary light-spillage over the property line. 8. Additional handicapped parking spaces were provided based on comments from the Fire Department. 9. An outdoor trash enclosure was eliminated from the plan because this building has interior trash and recycling facilities on each floor. 10. Certain exterior architectural elements were added or enhanced to improve the appearance of the building, maintain visual interest, and create character on the building’s elevations. 11. Interior changes include a revised layout of the first floor front and rear entries, lobby area, and amenity spaces to improve the flow of foot traffic and to provide for flow through from front entrance to rear entrance; as well as corrected unit plans. The developer provided additional renderings that provided context with the neighborhood. This area is transitional and includes single family dwellings, multi-family dwellings and institutional structures (high school/middle school complex). The viewpoint looking down Pound Street from South Street still reflects a significant development, but is an improvement considering the previous building. From the other direction, the building is closely abutted to Tilden Village. Conclusion: The Ad Hoc Design Review Group recognizes the position decision that the Board of Selectmen need to make relative to this project, senior affordable housing, and the impacted neighborhood. The group has worked to openly review the design and make recommendations that allowed the developer to put forward the best version of their proposal, and conversely Newgate has been open to the recommendations suggested and have made improvements to their proposed development. We appreciate the BoS taking this into consideration as they assess the current design as this moves forward with the Zoning Board of Appeals process.20190722-Memo_re Rosebay ad hoc design group 07-22-19_Page_2

 

MMA analysis of state budget

ALERT TODAY FROM THE MASSACHUSETTS MUNICIPAL ASSOCIATION ABOUT THE BUDGET –

We will get more that was originally proposed by either the Governor, the House or the Senate.

MMA-3

 

LEGISLATURE’S CONFERENCE COMMITTEE RELEASES FISCAL 2020 STATE BUDGET WITH MORE FUNDING FOR MANY LOCAL AID ACCOUNTS

 

HOUSE AND SENATE INCREASE KEY EDUCATION AND MUNICIPAL AID ACCOUNTS BY $128M ABOVE THE ORIGINAL BUDGET FILED IN JANUARY

 

PLEASE CONTACT THE GOVERNOR TODAY TO SUPPORT LOCAL AID FUNDING AND KEY MUNICIPAL ISSUES

 

July 22, 2019

 

Dear Osler Peterson,

 

On Sunday evening, July 21, the fiscal 2020 state budget conference committee that has been meeting since early June released H. 4000, the House-Senate compromise budget bill that is expected to be approved later today (Monday, July 22) by the Legislature.

 

Funding levels for many municipal and school aid accounts are higher in the Legislature’s final budget than in the recommendation (H. 1) filed by the Governor in January, providing $128 million more for key municipal and education programs. The Governor has 10 days to review the budget bill and make decisions on what to approve and what to veto or send back with proposed changes. Legislators will then have until the end of formal sessions in this calendar year (in November) to consider whether to accept or override those changes.

 

Please call the Governor’s office and ask that he approve the municipal and school aid accounts in the Legislature’s budget bill, including those funding levels that are higher than what he recommended in January, when the outlook for state finances was less positive than it is today.

 

You can find the Chapter 70 and UGGA amounts for your community in Section 3 of H. 4000, beginning on page 271 of the printed version of the budget, or on page 279 of the downloadable PDF.

 

Click Here for a Link to the Legislature’s Budget

 

Later this week, the Division of Local Services will notify communities of their final Cherry Sheet receipts and assessments. When available, Cherry Sheets will be posted on DLS’s website.

 

Click Here for a Link to the Division of Local Services Final Cherry Sheet

 

Here is a summary of the key priorities and local aid increases for cities and towns:

 

Unrestricted General Government Aid (UGGA)

In a continuing victory for cities and towns, H. 4000 appropriates $1.129 billion for the Unrestricted General Government Aid (UGGA) account, an increase of $29.7 million over the fiscal 2019 level of funding. The 2.7 percent increase reflects the policy of increasing general municipal aid at the rate of growth in state tax collections reflected in the consensus tax forecast. This revenue sharing policy has been adopted by the Governor and the House and Senate since fiscal 2016, and is a key priority of the MMA’s.

 

Chapter 70 School Aid and Local Contributions

In a major step forward for many communities, H. 4000 appropriates $5.176 billion for Chapter 70 school aid (7061-0008 and section 3). This is a $281 million increase over the current fiscal 2019 funding level. This will fund the basic requirements of Chapter 70 education aid, and makes progress by more aggressively implementing the recommendations of the Foundation Budget Review Commission, including higher funding for health insurance and special education costs, and significant increases in funding for communities with a high number of economically disadvantaged students. The budget continues to fund the target share provisions for those communities where the local contribution exceeds the target share level, and funds minimum aid at $30 per student. This Legislature’s budget provides a Chapter 70 increase of $68M above the amount originally proposed by the Governor in January. The community and district Chapter 70 funding levels match the distribution numbers passed in the Senate budget in May. We recognize that most communities will continue to remain minimum-aid-only districts, in spite of this impressive and appreciated statewide Chapter 70 increase, and the MMA will continue to prioritize higher minimum aid funding going forward.

 

  1. 4000 also supplements Chapter 70 by providing $10.5 million for a reserve fund to provide assistance to communities impacted by changes in how low-income students are counted. This amount is not included in the section 3 Chapter 70 distribution, and the Department of Elementary and Secondary Education (DESE) will distribute these funds to communities early in the school year, with the Legislature stating their intent that those districts that received over $500K under this program in fiscal 2019 should receive similar levels in fiscal 2020.

 

Special Education Circuit Breaker

In a significant win for cities and towns, H. 4000 fully funds the Special Education Circuit Breaker Program at $345 million. This is the program through which the state provides support for services provided to high-cost special education students. This is critically important, and represents a $25.7 million increase above last year’s general appropriations act. The Governor had proposed level-funding, and legislators in both branches proposed increases intended to move toward full funding. The final version of the budget matches the Senate’s funding level.

 

Charter School Impact Mitigation Payments

  1. 4000 appropriates $115 million for Charter School Impact Mitigation Payments, a $25 million increase over the current year. This is a big step forward in terms of overall funding, and is certainly appreciated, although the program remains significantly underfunded and charter school finance remains a major problem for many cities and towns. Winning full funding for this program and overhauling the existing charter finance scheme remains a top priority for MMA. Each year, dozens of cities and towns lose more funds to charter schools than they receive in new Chapter 70 funding, making them “net negative aid” communities.

 

Cities and towns will need to review their final Cherry Sheets to determine how much of the mitigation payment funding they will receive. The Legislature’s budget makes several changes to the overall program. First, they change the current 6-year reimbursement program (100-25-25-25-25-25) to a 3-year framework (100-60-40), apparently keeping the current cost-based approach, instead of moving to a number-of-students approach as proposed by the governor (MMA strongly supports the cost-based method). Second, they include a $7.5 million allocation to those communities whose net charter school tuition costs exceed 9% of net school spending AND whose Chapter 70 aid is a lower percentage of their foundation budget than the statewide average. Third, they include a $7.5 million allocation to be distributed by DESE to communities who have experienced high and sustained growth in charter school enrollments.

 

Again, it will be necessary to review final Cherry Sheet numbers to see how H. 4000 funds each district’s charter school mitigation needs.

 

Regional School District Student Transportation

  1. 4000 appropriates of $75.9 million to reimburse regional school districts for a portion of the cost of transporting students. This is a $7 million increase over fiscal 2019, and gets closer to the full funding target of $90 million.

 

Rural School Aid

The Legislature’s budget includes a $2.5 million account to provide one-time funding for rural schools, many of which are struggling with fixed costs and declining enrollment. H. 4000 includes language that would require DESE to make recommendations for future funding in fiscal 2021.

 

McKinney-Vento Homeless Student Transportation

  1. 4000 appropriates $11.1 million for this account to reimburse municipalities and school districts for a portion of the cost of transporting homeless students as required under state and federal rules. This is an increase of $2 million over the fiscal 2019 appropriation.

 

Payment in Lieu of Taxes on State-owned Land

  1. 4000 appropriates $30 million to pay a portion of the payment-in-lieu-of taxes amount due to cities and towns to offset the property tax exemption for state-owned land. This is a $1.5 million increase over fiscal 2019, although some communities will still experience challenges due to changing valuations by the state.

 

Shannon Anti-Gang Grant Program

  1. 4000 appropriates $11 million for the highly effective and valuable Shannon Anti-Gang Grant Program that has helped cities and towns respond to and suppress gang-related activities, a $3 million increase over the current year.

 

Community Preservation Act

The Legislature’s final budget increases recording fees at the Registry of Deeds to raise revenues for the Community Preservation Act (CPA) Trust Fund. This would provide an estimated $36 million in new funds to more than double the base percentage match for all 175 CPA cities and towns beginning in November 2020. In addition, H. 4000 would set aside up to $20 million from the fiscal 2019 budget surplus (if any) to supplement the matching funds that will be distributed in the fall of 2019.

 

If you have any questions or need additional information, please contact MMA Legislative Director John Robertson at 617-426-7272 ext. 122 or jrobertson@mma.org.

 

Please Contact Gov. Baker and Ask Him to Approve the Legislature’s Local Aid Increases as Described Above.

 

Thank you very much!

Rosebay filed with ZBA

Rosebay-comphensive permit appl

See the full comprehensive permit application the town website, via this link.

The Select Board will need to decide soon whether to invoke our safe harbor where the developer, Brian McMillin, has refused, to date, to reduce the mass and bulk of the proposed development.  We need to claim that safe harbor at the outset of the ZBA process, if we want to claim it at all.  I understand that Brian McMillin wants to deal with any such such size and bulk changes within the context of the comprehensive permit application process.  I expect that to be an agenda topic at our July 30 meeting.