Annie Phipps – MFi youth volunteer awards nominee

Posted on March 4, 2017 | Comments Off on Annie Phipps – MFi youth volunteer awards nominee

The Medfield Foundation volunteer awards for 2017 were fortunate to receive eight nominations this year of nine remarkable residents doing important volunteer tasks in town.  I will highlight them individually, starting with Annie Phipps.

I personally met Annie last year when we both worked together on Medfield Cares About Prevention (MCAP).  I was impressed by a then MHS junior holding her own and stating her opinions in a room with a teacher, two of her principals, her superintendent, her police chief, and lots of adults.

All of the stalwart 2017 volunteers will be celebrated at the reception at 3PM on March 19 at The Center, at which time they will tell their stories.  The public is invited.

Brothers Marketplace is the generous sponsor of the volunteer awards this year, with monies received also from the Rockland Trust Charitable Foundation.

Annie Phipps

anne-phipps

January 27, 2017

To whom it may concern:

It is with great pleasure that I write this letter in support of Annie Phipps as your choice for Medfield Youth of the Year. I met Annie this year as a student in my AP Spanish class. She was a class leader from the first day of school. She was always willing to put her ideas out to the group and defend her position in class discussions. It was immediately striking to  me what a strong presence in the classroom Annie was and continues to be. I mention this quality in Annie because I believe that part of her strong character and leadership that I have observed in our class is directly related to her past experiences as a volunteer.

I did not explicitly know about Annie’s volunteer work until I went to discuss our Global Competency program with another faculty member at Medfield High School. As we were discussing the program, she told me about two of Annie’s numerous volunteer projects. These two -which are the two upon which I will focus in this letter were both intense summer experiences that Annie had during recent years. Furthermore, Annie has clearly brought her sense of service back to the Medfield Community. Her resume of volunteer activities in Medfield is also impressive: Student Council, Pennies for Patients, volunteer at Digital Learning Day, organizer of Medfield Food Cupboard Drive at MHS, and the Powderpuff Girls Football game. In truth, Annie embodies the spirit of volunteerism and exudes empathy and understanding in almost every action of her everyday life.

Annie was first inspired to travel to Kenya by a program that she saw on 60 minutes -Free the Children. She shared information about the program with me, and as I understan d, she raised her own funds so that she could travel to Kenya to help build schools and learn more about a different culture. In Annie’s own words, this experience was “ such an eye-opening experience that I will take with me for the rest of my life.” The premise of “Free the Children” is exactly this idea: by empowering children to help children, we can change the world. Annie took this idea to heart. While it is not possible to be in Kenya every day or even every year, it is my firm belief that Annie has embodied this spirit of helping and giving that was so intense during her time in Kenya. She has carried it over to her life in Medfield. Her spirit of giving continues to grow right here in our Medfield community through her other volunteer activities, as well as in her leadership in the classroom, on the sport fields, and on Student Council at Medfield High School.
The other impactful experience in Annie’s life has been her experience at The Double H Ranch which is a member camp of the SeriousFun Children’s Network, a network of camps that serves seriously ill children and their families. Annie has summarized this experience in her own words, “ I first went to this camp when I was seven with my mom because she volunteered there as a nurse and I was able to attend as an able-bodied nurse’s child. There were a few other kids like me but for the most part, I was surrounded by kids with rare diseases that I never would have been exposed to from Medfield… When I was seventeen, I was able to work at Double H as a counselor in training and then continued to work there this past summer. Camp not only allowed me to branch out of my comfort zone, but  also taught me to take advantage of what I have in life.” This experience for Annie, first as a volunteer, and then as a worker, is impressive. She clearly gained life skills from her work and also gave back to the children. She is also able to articulate the importance of volunteer work in way that is mature beyond her years. In a recent article about Mission Trips and whether money or people power was more important, Annie was quoted in our school newspaper, The Kingsbury Chronicle; she said, “I’ve thought about that a lot and, yes, I think money would be helpful in the short term. But in the long term, I believe that it’s more important to educate people and make them more aware of the issues in our world. Just sending money over isn’t as impactful, and actually sending people over there to experience the same problems they are has a much deeper impact.”

Annie’s various volunteer experiences and the way she conducts her life make her the perfect recipient for the Medfield Youth Volunteer of the Year Award in my opinion. I have  attempted to describe her as a thoughtful, energetic, and empathetic young woman who is wise beyond her years. Besides standing strong in her conviction of the importance of service work, she models this for her peers and younger students as well. She is admired in many different arenas at Medfield High School.

In short, I highly recommend Annie Phipps for Medfield Youth Volunteer of the Year for 2017. I am delighted to nominate her and believe that she would be the ideal recipient of this honor. Please contact me with further questions.

Sincerely Yours,
/s/ Ellen H. Toubman
Ellen H. Toubman
Content Specialist, World Languages (grades 2-12)
Medfield Public Schools
508-359-4367 ex 1015
etoubman@email.medfield.net

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Posted in Medfield Foundation, Volunteers

Candidate Forum at 6:30PM on 3/16 at MHS

Posted on March 3, 2017 | Comments Off on Candidate Forum at 6:30PM on 3/16 at MHS

Get to know the candidates:

  1. At The Center at Medfield from 5-7 p.m., March 8, for the FOSI “Meet and Greet”
  2. Medfield.TV videos on each of the candidates at http://www.medfield.tv/video-on-demand.
  3. Candidate Forum in the MHS Lowell Mason Auditorium 6:30PM on March 16

vote.2

Medfield Candidate Forum is Thursday, March 16 – Community members are invited to submit questions

 

Between Board of Selectman, School Committee and Library Trustee, Medfield has three contested races for this year’s election – it might even be a record!

 

In an effort to help educate voters before heading to the polls on Monday, March 27, a Voters Services Committee has organized a Medfield Candidate Forum in the MHS Lowell Mason Auditorium on the evening of Thursday, March 16.

 

The forum, sponsored by Hometown Weekly, kicks off with a reception in the lobby at 6:30 p.m., followed by the forum at 7 p.m. Through pre-submitted questions posed by moderator Richard DeSorgher, the Q&A portion will focus exclusively on the BOS and School Committee races. Library Trustee candidates will also be present, but will only present short prepared remarks. The evening is scheduled to end at about 8:30 p.m. Plans are also in development to provide attendees with information about the marijuana ballot question.

 

Anyone interested in submitting anonymous candidate questions for the forum can use this link:  http://www.hometownweekly.net/medfield/medfield-candidate-forum-seeks-questions/. Members of the Voters Services Committee, comprised of former Medfield League of Women Voter members and residents involved in civic affairs, will screen questions primarily for duplication and clarity.

 

All Medfield residents are encouraged not only to attend the Forum on March 16, but to also stop into the Center at Medfield from 5-7 p.m., March 8, for the FOSI “Meet and Greet” with all candidates. http://patch.com/massachusetts/medfield/fosi-hosting-candidate-meet-greet.

 

Medfield.TV and MHS students have also created videos on each of the candidates that you can find here:  http://www.medfield.tv/video-on-demand.

 

Get ready for a busy election season!

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Posted in Elections, Uncategorized

Marijuana shops opt out ballot & ATM questions

Posted on March 3, 2017 | 1 comment

Both our town election on 3/27 and our annual town meeting (ATM) on April 24 we will be voting to determine whether Medfield should allow or ban marijuana stores.

The following materials were put together by residents Carol Read, a Public Health/Prevention Specialist, and Cathy Callaghan, a Nurse Practitioner, both with lots on knowledge about the issues.

I will personally be voting to ban marijuana businesses from our town, as pot shops downtown or anywhere in town would send the wrong message to our children, namely that use by them is OK.  The data is too clear as to the damage that marijuana use does to our children, by increasing their risks of problems later in life.  Adolescent brains are not fully formed until their mid-twenties, and we owe it to our children to give them as much protection until then as we can.

Vote YES on March 27th to STOP POT SHOPS in Medfield What does the new law really mean? Last November, Massachusetts voters approved the Recreational use of marijuana law (Question 4) that legalized adult (21 years and older) personal use, possession and growing of marijuana for recreational purposes. Medical use of marijuana is a separate law*. In addition to legalizing adult personal use The Regulation and Taxation of Marijuana Act (Chapter 334 of the Acts of 2016) also legalized all marijuana related businesses in 351 cities and towns in the Commonwealth automatically. What are “marijuana businesses”? Pot shops: Shops sell smoke-able plant marijuana products, edible products including candy, brownies, cookies and sodas with highly potent THC levels. Commercial growing and production sites: Staff grows hundreds of marijuana plants, extract THC oils from the plants to make highly potent THC smoke-able products and use oils to make edible products including candy, cookies, and brownies. Does Medfield have to allow pot shops and grow sites? Although Medfield was one of 90 towns in the Commonwealth that voted against the law our town will very soon be “open” to pot shops unless we vote to “opt-out”. The Marijuana Policy Project, an advocacy group that writes marijuana ballot questions nationwide specifically put an “opt-out” provision in our law requiring the expensive and time consuming steps of an “opt- out” by the voters. Medfield residents CAN vote to “opt- out” The Medfield BOS unanimously voted to prohibit marijuana businesses by adding an “opt-out” question to the town election ballot on March 27th and added “opt-out” warrant articles that will prohibit marijuana businesses for Town Meeting on April 24th. Voting YES to “opt-out” at the town election and at town meeting will STOP POT SHOPS in Medfield. Vote YES to STOP POT SHOPS for youth health and safety: Keeping pot shops out of Medfield will prevent youth access to highly potent marijuana candy, brownies and cookies and sodas that are packaged to attract youth. Edible products make up nearly 60% of Colorado’s marijuana industry; emergency departments are routinely treating children who have ingested edible products with 90 + % THC levels (compared to 20% in a typical joint) Vote YES to STOP POT SHOPS to prevent youth use increases: Youth marijuana use in Washington State has risen since legalization among 8th and 10th graders; Colorado past- month (30 day) marijuana use rates among the population ages 12 and older are the highest in the nation. Youth in legalized recreational states report significant declines in their perception of harm from using marijuana. Vote YES to STOP POT SHOPS to protect our services and resources: Pot shops and grow sites require extensive inspection of operational security as well as testing of all products for mold and contaminates. The cost of these requirements would outrun the potential revenue Medfield would take in from marijuana businesses. Vote YES to STOP POT SHOPS will prevent our public safety and health inspection resources being shifted to the security, monitoring and inspection of marijuana businesses. Vote YES to STOP POT SHOPS to preserve Medfield’s character. Medfield places the highest value on our family friendly culture, working hard to support our town services and schools and to preserve open space, protect the health of our senior population and promote businesses that align with these goals. Many of our neighboring communities Westwood, Norwood and Walpole are also voting to “opt-out” of marijuana businesses. Will the “opt-out” change adult personal use? Voting YES to “opt-out” of pot shops will NOT change adult person use. As of December 15th recreational personal use, possession and home growing is legal in Medfield for anyone 21 years and older. It is legal in Medfield to: (1) Grow up to 12 marijuana plants in a home (6 plants per adult) (2) Possess up to 10 ounces of marijuana (about 600 joints) in a home. (2) Personally possess and transport 1 ounce of marijuana (about 60-75 joints) (3) Give away up to 1 ounce of smoked marijuana, including 5 grams of marijuana concentrate (oils) which are used to make brownies, cookies and candy. Thank you very much for your time and consideration of this information. Carol Read, Public Health/Prevention Specialist and Cathy Callaghan, Nurse Practitioner *This new law follows the voter approved the Medical use of marijuana law in 2012 which legalized the medical use of marijuana for all age residents with a doctor recommendation.20170303-cr-medfield-opt-out-letter-3-3-2017-with-photos_page_2

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Posted in Downtown, Safety, Teens

BoS minutes for 2/7/17

Posted on March 3, 2017 | 1 comment

Meeting Minutes February 7, 2017 Chenery Meeting Room draft PRESENr: Selectmen Fisher, Peterson, Marcucci; Town Administrator Sullivan; Town Counsel Cerel; Administrative Assistant Clarke Chairman Fisher called the meeting to order at 7:00 PM and remarked this meeting is being recorded. He asked for a moment of appreciation for our troops serving in the Middle East and around the world. Chairman Fisher announced that the Selectmen will go into executive session at the close of the meeting for the purpose of discussing acquisition of land APPOINTMENTS: 495 Partnership has postponed their meeting with the Selectmen tonight and also the Medfield Housing Authority has postponed GREEN COMMUNI1Y Chairman Fisher was pleased to report that the Department of Energy Resources has announced that Medfield has been designated a Green Community. Along with this designation the Town has been awarded a $146,815.00 grant. Congratulations to the Energy Committee who has worked very hard and being consistent in making certain that the Town met all of the program's criteria for this designation. Selectmen Fisher and Marcucci acknowledged Selectman Peterson as an ex-officio member of the committee and his involvement to make Medfield a Green Community. TOWN'S AUDITOR The Town has once again engaged Powers & Sullivan, LLC Certified Public Accountants to perform the audit for fiscal years ending June 30, 2017, 2018 and 2019. The Selectmen are requested to vote to sign the engagement letter. VOTED unanimously to sign engagement letter with auditing firm Powers & Sullivan, LLC PENDING Town Administrator evaluation. Mr. Sullivan has completed 42 years of excellent service to the Town. The Personnel Board has recommended a 4% merit increase. The Selectmen agree this amount is fair; Medfield does not give perks as other towns, i.e. vehicles, matching deferred comp amounts. Selectman Peterson advised that a review of Town Administrator goals should be done each year to check off completed items and perhaps add new ones. Selectman Peterson would like to see town and school finances come under one director. Mr. Sullivan remarked that Town Treasurer, Town Accountant, Tax Assessor work very well together and accomplish all that is necessary very smoothly. Medfield is fortunate to have such a cohesive group. February 7, 2017 Page two Voted unanimously to approve a 4% merit increase for Town Administrator Michael J. Sullivan for Fiscal Year 17 LICENSES AND PERMITS VOTED unanimously to grant a one-day wine and malt beverage permit to St Edward Parish for event to take place Saturday February 11, 2017 7-9 PM PENDING ITEMS: WARRANT ARTICLES Marijuana Resident Carol Read remarked that she really wants to be sure that Medfield voters have the opportunity to opt out of retail stores and cultivation of marijuana. Discussion ensued regarding should it be a town meeting vote, or take the safest way and place the question on the town election ballot. In the end it was agreed to make it a ballot question; prohibit marijuana sales and growing of marijuana in Medfield. Ms. Read presented a print out of wording used by the Town of Westborough that the Selectmen agreed Medfield should follow. Mr. Sullivan mentioned that there are warrant articles regarding zoning, placing a moratorium on all marijuana business along with taxing recreational marijuana. All to be discussed at annual town meeting. Several articles were highlighted: appropriation for providing ongoing maintenance and security at the hospital site in the amount of $50,000; lease space on the new water tower to wireless providers for up to 20 years; increase the senior tax work off amount from $500 to $1,000. Mr. Sullivan pointed out that there is a citizen petition regarding the Dwight Derby House; appropriate $10,000 for making improvements and repairs. He suggests using the $9,500 grant for downtown improvements for this purpose. Additional discussion to follow regarding overrides, ALS services, appropriate $5,000 for trapping beavers and also amending zoning bylaws. The Selectmen agree that should a special election be necessary for three overrides (operating budget, ALS services and affordable housing trust) the election will take place after annual Town Meeting. MEDFIELD AIR FIELD /MODEL AIRCRAFf This area is located near the hospital site adjacent to the Charles River and has been used for a very long time by those who enjoy flying model aircraft. However, recently some have been flying the popular drones at the site. Wright Dickinson, Harding Street resident present tonight reported to the Board that he is concerned about the noise level emitting from the model airplanes. These models can be very loud and some are using radios to play music, again at February 7, 2017 Page three quite a high volume. He feels it is a disturbance to those who enjoy hiking in the area and suggests that perhaps some dialog be started to help alleviate the situation. Recently a Millis resident sent an email to Medfield suggesting that a Medfield Appreciation Day be held at the site to promote this activity as an educational and exciting hobby. It is believed that there has been some negative press about model aircraft flying. Inviting the community to the site would help to show that many fliers are conscientious about their interests. The discussion concluded by proposing that the Millis resident be invited to a future Selectmen's meeting to discuss the issues. 2017 ANNUAL TOWN MEETING WARRANT VOTE: Selectman Peterson made a motion seconded by Selectman Marcucci to close the 2017 Town Meeting Warrant. Vote was unanimous SELECTMENT REPORT Selectman Peterson reported that he attended the Planning Board meeting to learn more about the proposed zoning bylaw changes. It is a very large undertaking by the members of the board. At one of the sessions he attended during the recent MMA annual meeting the secretary of elder affairs talked about the fact that funding is very difficult to find for expansion projects such as Tilden Village. Ms. Trierweiler noted that she will be meeting next week with the Affordable Housing Specialist the Town has engaged, Community Opportunities Group. EXECUTIVE SESSION Selectman Peterson, Clerk of the Board read the following: the Medfield Board of Selectmen needs to meet in executive session for the purpose of discussing acquisition of land and not reconvene in open session. Roll call vote at 9:30 PM, Mr. Marcucci yes; Mr. Fisher yes; Mr. Peterson yes.20170207_page_220170207_page_3

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Posted in Select Board matters, Uncategorized

BoS minutes for 1/31/17

Posted on March 3, 2017 | Comments Off on BoS minutes for 1/31/17

Meeting Minutes January 31, 2017 Chenery Meeting Room draft PRESENT: Selectmen Fisher, Peterson, Marcucci; Town Administrator Sullivan; Town Counsel Cerel; Administrative Assistant Clarke; Representative Denise Garlic Chairman Fisher called the meeting to order at 7:00 PM and announced this meeting is being recorded. Mr. Fisher asked for a moment of appreciation for our Troops serving in the Middle East and around the world. DALE STREET PROPOSED HOUSING PROJECT Selectman Michael Marcucci, Town Counsel Mark Cerel and consulting attorney Jay Talerman attended today's meeting with MASSHousing. Selectmen Marcucci opened tonight's meeting making the announcement that MASSHousing has determined that the conceptual project design is not appropriate for the site and therefore, has denied the application for the Medfield Meadows project. There were a large number of residents in the audience who were pleased to h.ear the news. Mr. Marcucci agrees this is cause for celebration, however, we must continue to move forward to reaching our affordable housing percentages that will in turn allow us to reject other projects such as this one that may come before the Town. Representative Denise Garlick made a brief announcement sayingthat this really is a result ofa team effort. Not only the diligence of the neighbors abutting the site for their extensive research but the community as a whole coming together; it was all duly noted by the Boston officials. She praised the Board of Selectmen and Town Administer Sullivan for their diligent hard work. Town Counsel Mark Cerel commented that it is extraordinary to have MassHousing deny a project. All the work and efforts from the Town did make an impact. NEW MARIJUANA IAW Resident Carol Read is present this evening to discuss the new law and what it means to Medfield. Ms. Read stated that she works in prevention and public health. In the November election Massachusetts voters said yes to a law to allow persons 21 and older to possess and use marijuana and products containing marijuana. Effective on December 15, 2016 it became legal to grow 12 marijuana plants per year in your house and legally give it away. She noted, however, that in Colorado the number of plants are six and in the state of Washington no growing of plants in your house. Ms. Read said that it is alarming to know that marijuana oils can be infused in edible products such as brownies, cookies candy and in "e cigarettes." These oils are very potent causing those January 31, 2017 January 31, 2017 Page two who do eat those products or even drink any of the colas containing this substance to become very ill. We have to be vigilant and make certain our children are not exposed to any of this. She would like to see Medfield opt out of allowing retail stores to sell these products. The Selectmen agreed to take this approach under consideration. It is noted that in Medfield a medical marijuana dispensary would only be allowed in the IE district after application to the Planning Board for a special permit. MEDFIELD ENERGY COMMITIEE Fred Bunger, Chair; Fred Davis and Cynthia Green members The topic of Medfield converting the Town's 347 street lights to LED and the maintenance of the lights has previously been proposed. Mr. Davis made a presentation this evening outlining the good benefits and cost savings to the Town. Right now the Town pays Eversource about $41,000 annually; converting to LED the cost goes way down to $8,300. Also the town could apply for a 30% grant from the Department of Energy Resources to help reduce the $105,000 cost of installation to an amount of $68,000. The average annual simple return on the investment would be 48% and would take 2.1 years to complete. Mr. Sullivan has been concerned about hiring a company to maintain the street lights. Eversource owns and maintains the lights; this would be the Town's responsibility if we purchase the fixtures from Eversource (probably at a cost of $1 per). The Energy Committee estimates maintenance costs at about $2,000 per year. The Town could contract with a company for a term of 1, 2 or 3 years; estimates of 3-5 day turn around for repairs. Mr. Sullivan has learned that Eversource is considering a lower usage rate for those street lights having LEDs. Should that work out for the Town then the maintenance of the lights would stay with the electric company. Hopefully the Town can obtain the proposed rate information in the very near future. MSH MAINTENANCE COMMITIEE, JOHN THOMPSON CHAIR Mr. Thompson has a few items to discuss this evening. At a previous Selectmen's meeting he mentioned that there is a contractor that would place containers at the hospital site along with bag dispensers for dog owners to use to take care of dog waste. Two containers to be placed at the hospital site and two near the Wheelock School. The cost is $8,000 per year; Park and Recreation will split the cost with the Hospital Maintenance Committee. John has obtained a quote to do necessary roof work on the Chapel Building, replace the down spouts and board up windows; cost $2,237.60. The Board agreed the work should be done. John's next item concerns separate fee for non-profit organizations to use the hospital site. The car show that was held in June was a good success. That organization was for profit and a fee of $2000 was paid. He has had inquiry from an out of town non-profit organization for a car January 31, 2017 Page three show. John's question to the Board is should we have a different rate for non-profit. The Selectmen agree that out-of-town profit or non-profit should pay the same rate. In town charities that benefit the town the fee should be waived. MEETING MINUTES VOTED unanimously to accept the minutes of November 29, December 6, 2016 and January 3 and 17, 2017 as submitted COMMITTEE APPOINTMENT VOTED unanimously to appoint Michael Weintraub to the Transfer Station and Recycling Committee and as recommended by Chairman Megan Sullivan POURING PERMIT FEE ABCC has approved the applications for a pouring permit submitted by Seventh Wave Brewing and Astraluna. The Selectmen discussed and voted an annual fee for the license. VOTE: A motion was made by Selectman Peterson to set an annual fee of $750.00 for a Farmer Series Pouring Permit for brewery or distillery, seconded by Selectman Marcucci. Vote was unanimous 67 NORTH STREET VOTED unanimously to authorize Chairman Fisher execute the LIP application (Local Initiative Project) for Medfield Holdings LLC (developer Robert Borrelli) project at 67 North Street consisting of eight unit affordable rentals OTHER ITEMS The Board agreed to hold discussion regarding the warrant, Town Administrator's evaluation and other items until next meeting. Before adjourning Selectman Fisher reminded the listening audience to attend the state hospital open house information session on Tuesday February 7, 4-8 PM at the high school cafeteria. The committee has been hard at work putting together four possible options for the site for Medfield residents to review and comment. Please come. Meeting adjourned at 9:05 PM20170131_page_220170131_page_3

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BoS on 3/7

Posted on March 3, 2017 | Comments Off on BoS on 3/7

TOWN OF MEDFIELD POSTED: MEETING TOWN CLERK NOTICE (0litl Of 1EOf EL • nn ~M .... 3 P 2: 3u POSTED IN ACCORDANCE WITH THE PROVISIONS OF J.G.L~ Ctl1!HfR-fflf)ECTION 23A AS AMENDED. orbW~ cLER~ Board of SelectmeJ Board or Committee PLACE OF MEETING DAY, DATE, AND TIME Town Hall, Chenery Meeting Room 2nd floor Tuesday March 7, 2017 @ 7:00 PM AGENDA (SUBJECT TO CHANGE) 7:30 PM Board of Water and Sewerage Discuss warrant articles NEW BUSINESS DPW Director Maurice Goulet requests the Selectmen vote to sign two Chapter 90 Reimbursement Requests; engineering services for Philip Street project in amount of $7,153.84 and redesign North Street $5,288.57 Selectmen are requested to vote to appoint Caitlin Struble as a member of the Medfield Historical Commission and as recommended by co-Chairs David Temple and Dan Bibel Pastor Jonathan Chechile requests the Selectmen vote to grant permission for the third annual (joc{ Loves :M.edfie{c( Community 'Day of Service to take place on Saturday April 22. Vote to open 2017 Town Meeting Warrant to add a second article pertaining to storm water management Vote to close 2017 Town Meeting Warrant Vote to sign March 27, 2017 Town Election Warrant LICENSES AND PERMITS Medfield High School Boys Baseball and Girls Softball teams request permission to hold a fundraising car wash behind Town Hall on Sunday May 7, 2017 PENDING Discussion regarding 201 7 warrant articles Vote to dismiss Citizen Petition article pertaining to $10,000 appropriation for Dwight Derby House Other business that may come before the Board of Selectmen CHAPTER 90 - REIMBURSEMENT REQUEST Medfield Project:_ ______P_ h_il_,ip.__Str_e_e_t _____ Project request was approved on 8/25/16 for $100,000.00 ------------~ at 100% Reimbursement Rate = $ -10-0,-00-0.'0-0 ----------- 1) Attached are forms which document payment of approved expenditures totaling $-715-3.-84- ------:- for which we are requesting $7153.84 at the approved reimbursement rate of 100%. 2) The amount expended to date on this project is $-715-3.8-4 ------- 3) Is this request for a FINAL payment on this project? D Yes [8]No 4) Remarks: CERTIFICATION A. I hereby certify under the pains and penalties of perjury that the charges for labor, materials, equipment, and services itemized and summarized on the attached forms are true and correct, and were incurred on this project in conformance with the MassDOT Highway Division Policies and established Municipal Standards that were approved for this project. ~,,>duu- Director of Public Works ' 3/6/2017 (Signed) (Municipal Highway Official - Title) (Date) B. I/we certify under the pains and penalties of perjury that the items as listed or summarized on the attached forms were examined; that they are in conformity with our existing wage schedule, equipment rates, and all applicable statutes and regulations; that they are properly chargeable to the appropriation(s) designated for this work; and that Executive Order No. 195; dated April 27, 1981 is acknowledge as applicable. REVIEWED AND APPROVED FOR TRANSMITTAL by -911---t-'-'-"·1 1--"'-Q_~,_·d~U~·~ &~fA.,t.....,,k~--- Signed: tbwff f tc01.fNTANT (Accounting Officer's Title) DATE __3 _··. ._/G"-''f '--'-'7 _____ (Duly Authorized) *Submit this Chapter 90 Form to the District Highway Director CHAPTER 90 • MATERIALS • HED 454 FORM City/Town of MEDFIELD 'ATERIALS for period beginning 8116/2016 and ending _2_'12_B_V2_0_1_7_ _____ th inclusive, on account of Contract No 50878-10 with MassDOT Highway Division, ·. · Section 34, Clause 2(a). of Chapter 90 of the General Laws. VENDOR NAME ITEM QTY. UNIT UNIT PRICE AMOUNTS $ $ HNTB Engineering Services $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL $ "To the best of my knowledge the purchases of materials or seNices appearing on this sheet are not in conflict with Chapter 779 of the Acts of 1962. Si ned under the enal of er:u . " 7,153.8400 7,153.8400 CHECK REMARKS # 187522 Date Accounting Approval Date HED-454 (R) ---· . CHAPTER 90 - REIMBURSEMENT REQUEST Medfield Project: Redesign North Street ~~~~~~~-=-~~~~~~~~~ Project request was approved on 5/3/16 for $179,455.99 ~~~~~~~~~~~~~ at 100% Reimbursement Rate = $ 79,455.99 ~~~~~~~~~~~~- 1) Attached are forms which document payment of approved expenditures totaling $5288.57 ~~~~~~~~~~- for which we are requesting $5288.57 at the approved reimbursement rate of 100%. 2) The amount expended to date on this project is $25,832.58 ~'---~~~~~~~~ 3) Is this request for a FINAL payment on this project? 0Yes XNo 4) Remarks: CERTIFICATION A. I hereby certify under the pains and penalties of perjury that the charges for labor, materials, equipment, and services itemized and summarized on the attached forms are true and correct, and were incurred on ·this project in conformance with the MassDOT Highway Division Policies and established Municipal Standards that were approved for this project. Director of Public Works 3/6/2017 (Municipal Highway Official - Title) (Date) B. I/we certify under the pains and penalties of perjury that the items as listed or summarized on the· attached forms were examined; that they are in conformity with our existing wage schedule, equipment rates, and all applicable statutes and regulations; that they are properly chargeable to the appropriation(s) designated for this work; and that Executive Order No. 195, dated April 27, 1981 is acknowledge as applicable. REVIEWED AND AJ.>PROVED FOR TRANSMITTAL by -Cf+"'-fn-1t1-~ _,__Q'---c -,20170307-agenda-_page_0220170307-agenda-_page_0320170307-agenda-_page_0420170307-agenda-_page_0520170307-agenda-_page_0620170307-agenda-_page_0720170307-agenda-_page_0820170307-agenda-_page_0920170307-agenda-_page_10

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Posted in Select Board matters, Uncategorized

Office hours tomorrow 9-10

Posted on March 2, 2017 | Comments Off on Office hours tomorrow 9-10

I have my first Friday of the month selectman office hours tomorrow at The Center from 9-10am.

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Read Across America

Posted on March 2, 2017 | Comments Off on Read Across America

To celebrate Dr. Seuss’ birthday Memorial School yearly invites town employees in to be guest readers to the children, as part of the National Read Across America campaign. This year I was assigned to read “Rude Cakes” to Mrs. Herrings class and also to Mrs. Teaney class.

I asked the children to vote for which reading hat I should use, and both classrooms chose the jester hat.

And in case you have not read it, the rude cake learns from the kind cyclops, who steals the cake from its bed and wears the cake as a hat, to be a kind cake.

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Your right to sue if you are injured is under attack

Posted on February 28, 2017 | Comments Off on Your right to sue if you are injured is under attack
The US House Judiciary Committee today reported out a bill by a 18-17 vote that strips away people’s rights to sue for damages when you are injured by a medical error.  The Republicans are looking to federalize medical malpractice claims and limit recoveries, such that people will be shorted on proper justice and those who make the errors will be immunized for their liabilities.  this account of what happened comes from the Huffington Post – click here to read it there.
Joanne Doroshow, Contributor Executive Director, Center for Justice & Democracy at New York Law School

Congress Moves To Punish Anyone Using The ACA And Medicare

House Republicans are hoping to dismantle the Affordable Care Act by punishing those who benefit from it.

02/26/2017 05:44 pm ET | Updated 1 day ago

Anadolu Agency via Getty Images

Those who think Congress is weakening its anti-Obamacare, anti-Medicare resolve aren’t paying attention. Instead of beginning with repeal and replace bills, however, Congress has shifted focus to punishing anyone who benefits from these laws. And it’s happening right now.

On February 28, 2017, the U.S. House Judiciary Committee will markup and vote on a rushed piece of legislation, H.R. 1215, covering anyone who receives health care through a “federal program, subsidy, or tax benefit.” At a minimum, that means the Affordable Care Act, veteran and servicemember health plans, Medicare and Medicaid (i.e., the elderly, poor and disabled). Beyond this, the full scope is unclear because the bill has not been examined in a single legislative hearing.

According to H.R. 1215, punishment would begin if you (or your child or loved one) were harmed by an unsafe hospital or nursing home, in some cases injured by an unsafe drug or medical device, or even sexually abused by a doctor. If you tried to seek compensation or accountability in court, you would be forced into an inferior and cruel system of justice created just for you by lobbyists and career politicians in Washington DC.

This bill, H.R. 1215, the so-called “Protecting Access to Care Act of 2017” (more like the Protecting Access to Unsafe Care Act of 2017) is the brainchild of congressional Republicans who say they want government out of health care. Ironically, this bill is nothing if not federal mandates, including eliminating civil justice rights guaranteed by state governments. These mandates include taking power away from local juries to decide individual cases, and consolidating that power in the hands of DC politicians.

Among H.R. 1215’s many harsh provisions is a federal mandate on the value of a life. This appears in the form of an across-the-board $250,000 “cap” on compensation for “non-economic” injuries (like paralysis, trauma, reproductive harm), which would be mandated in states even where such caps are unconstitutional. That same cap would apply whether a parent lost a child, a senior citizen were harmed in a nursing home, or a family breadwinner were permanently disabled due to reckless medical care.

Other provisions include:

· A federally-mandated statute of limitations ― the time limit for someone to file a meritorious lawsuit ― which is more restrictive than a majority of state laws.

· Federal repeal of state collateral source rules, meaning a wrongdoer can reduce their obligation to compensate a patient by the amount of disability, workers compensation or other insurance received, to which a patient has a right.

· Federal repeal of state joint and several liability laws, meaning that the injured patient ― not other fully-responsible wrongdoers ― would have to cover the cost of an injury if one of the fully-responsible wrongdoers cannot pay.

· A federally-mandated prohibition against a severely-injured patient receiving a full jury award in a lump sum, leaving the patient undercompensated while the insurance company gets to sit on the money and pocket the interest.

· Federal interference with an individual’s right to contract with their own attorney on fees (while the insurance company or hospital that committed malpractice has no such restriction).

· A federally-mandated ban on including a hospital, nursing home or health care provider in a case against a drug company over an unsafe drug, even if the provider negligently prescribed or administered the drug and is jointly responsible for causing injury or death.

Medical errors are the third-leading cause of death in America, behind heart disease and cancer. Enact this bill, and watch “medical errors” rise to number one or two.

If you need any evidence, take a look at what’s happening in Texas, which has some (but not all) of these laws already. Texas attracts neurosurgeons like Christopher Duntsch, who was just sentenced by a jury to spend the rest of his life in prison:

For weeks, jurors heard the accounts of patients who had been maimed or paralyzed in horrifically bungled surgeries. Kellie Martin and Floella Brown died… “So why didn’t he stop?” … “Because of greed. Because he owed people a lot of money. He wanted to live the high life and a neurosurgeon makes big bucks. Why didn’t he stop? Because he had no conscience. He doesn’t care what he has left in his wake.”

But there’s another reason why he didn’t stop: a Texas law that severely caps damages, just like H.R. 1215 would do. As attorney Chris Hamilton explained, without this law, “Duntsch would not have been allowed to keep operating on patients. It is almost certain there would have been a significant liability lawsuit against one of the hospitals for an early patient… I cannot imagine a circumstance where the hospitals would not have kicked out a doctor like this much sooner.’”

Yet this isn’t the only case of a butcher brain surgeon in Texas. A few years ago, there was another guy, Dr. Stefan Konasiewicz. After being disciplined in Minnesota, Konasiewicz made a bee-line for Texas where he continued to harm patients as he operated on their brains.

But we don’t even need horrendous anecdotes like this to prove the point. Researchers studying patient safety in states with “caps” (like Texas) found “consistent evidence that patient safety generally falls” after caps are enacted. That’s because medical malpractice liability gives providers an incentive to be careful.

H.R. 1215 is the sixth anti-civil justice bill in less than two months coming out of the U.S. House Judiciary Committee, not a single one of which has had a hearing. As lobbyists and politicians scheme to strip Americans of their legal rights, they are hoping no one notices. If they succeed on any of these bills, it will be open season on American families and small businesses that are harmed by super-rich industries or reckless health care.

As I’ve said before, “woke America, these ‘under the radar”’ issues need your attention. Time to add them to the long list of things that need ‘resisting.’”

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Mike Sullivan circulated three versions of the annual town meeting (ATM) warrant articles, as works in progress.  I have inserted the last version, as well as Mike’s email descriptions of the last two.

2014 -town meeting

2014 -town meeting

After I sent you the water related articles this morning, Mark Cerel came by with the almost complete draft of articles 31 & 32, so I inputted them into the original I sent you this morning and am sending them along for you to review. Please note that I have reversed the order or articles 31 and 32, as they seem to make more sense when viewed or read in this order. Also, there are a couple of blanks that need to be filled in regarding hours dates, etc. Please send any changes you would like made and/or if you wish not to sponsor any of the articles, let me know. I won’t remove them from the warrant until you have had a chance to meet with the Selectmen.

New, but not final, version of town meeting warrant attached. This includes latest wording on water restriction bylaw and entry onto premises to check water meters by law. They still need some work and you will need to discuss with water & sewerage board. this version also includes the changes to the Affordable Housing Trust article discussed at Tuesday night’s meeting, which also needs some revisions. Finally, a rough draft Sarah gave me today of the stormwater bylaw is included, but it looks like it needs a lot of work. Speaking of which, Mark Cerel is meeting with the Planning Board next week to go over their suggested articles. Any questions, suggestions, corrections, etc. please send me. I’ll probably have several more versions of this warrant before it goes to the printer. have fun. Mike

DRAFT

TOWN OF MEDFIELD

WARRANT FOR THE ANNUAL TOWN MEETING

2017

On Monday, the twenty-fourth day of April, A.D., 2017 commencing at 7:30 p.m., the following Articles will be acted on in the Amos Clark Kingsbury High School gymnasium, located at 88R South Street in said Medfield, viz.

Article 2.  To see if the Town will vote to accept the reports of the several Town Officers for the past year. 

Article 3.  To see if the Town will vote to accept the following named sums as Perpetual Trust Funds for the care of lots in the vone Lake cemetery, the interest thereof as may be necessary for said care, viz.

 

                                                                          PERPETUAL CARE 2016

NAME                    AMOUNT

Sullivan, Robert E.           $        600

Wilhelmi, Nancy  $        750

McNulty, James   $     3,000

Kennally, Paul      $     3,000

Baacke, Eric         $     1,500

Baker, Fredrick P.             $     3,000

Nagle, James F.    $     3.000

Cote, Norman J.   $        750

O’Donovan, Margaret M.            $     3.000

Snipas, Norma R. $     3,000

Bratsos, Peter C. $        750

Tempel, Barbara S.          $     3,000

Palladino, Peter   $        750

Priest, Lisa M.      $     3,000

Anselme, J.P.        $        750

Anselme, J.P.        $     1,500

Perrone, Roberta $     1,500

Scecina, Margaret           $     3,000

O’Rourke, JoAnn  $        600

Thompson, Diana $        600

Thompson, Diana $        600

MacLean, Mary   $     1,500

Godin, Elizabeth M.         $     3,000

Orvedahl, Donna s.          $     1,500

TOTAL            $   43,650

, or do or act anything in relation thereto.

(Cemetery Commissioners)

 

Article 4.  To see if the Town will vote to amend the Code of the Town of Medfield by adding a new Chapter 117, to establish and authorize revolving funds for use by certain Town departments, boards, committees, agencies or officers under Massachusetts General Laws Chapter 44, §53E½, as follows:

CHAPTER 117 DEPARTMENTAL REVOLVING FUNDS

  1. Purpose. This bylaw establishes and authorizes revolving funds for use by Town departments, boards, committees, agencies or officers in connection with the operation of programs or activities that generate fees, charges or other receipts to support all or some of the expenses of those programs or activities.  These revolving funds are established under and governed by General Laws Chapter 44, §53E½.

 

  1. Expenditure Limitations. A department or agency head, board, committee or officer may incur liabilities against and spend monies from a revolving fund established and authorized by this bylaw/ordinance without appropriation subject to the following limitations:

 

  1. Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund.

 

  1. No liability shall be incurred in excess of the available balance of the fund.

 

  1. The total amount spent during a fiscal year shall not exceed the amount authorized by town meeting on or before July 1 of that fiscal year, or any increased amount of that authorization that is later approved during that fiscal year by the Board of Selectmen.

 

  1. Interest. Interest earned on monies credited to a revolving fund established by this bylaw shall be credited to the general fund.

 

  1. Procedures and Reports. Except as provided in General Laws Chapter 44, §53E½ and this bylaw, the laws, charter provisions, bylaws, rules, regulations, policies or procedures that govern the receipt and custody of Town monies and the expenditure and payment of Town funds shall apply to the use of a revolving fund established and authorized by this bylaw.  The town accountant shall include a statement on the collections credited to each fund, the encumbrances and expenditures charged to the fund and the balance available for expenditure in the regular report the town accountant provides the department, board, committee, agency or officer on appropriations made for its use.

 

  1. Authorized Revolving Funds.

 

  • Fire Alarm Revolving Fund.

 

  • Fund Name. There shall be a separate fund called the Fire

Alarm Revolving Fund authorized for use by the Fire Department.

(2)   Revenues.  The town accountant shall establish the Fire Alarm Revolving Fund as a separate account and credit to the fund all of the charged and received by the Fire Department in connection with fire alarm inspection and maintenance.

(3)   Purposes and Expenditures.  During each fiscal year, the Fire Chief may incur liabilities against and spend monies from the Fire Alarm Revolving Fund for fire alarm maintenance, equipment or supplies.

(4)   Fiscal Years.  The Fire Alarm Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.

5.2         Ambulance Revolving Fund.

(1)     Fund Name.  There shall be a separate fund called the Ambulance Revolving Fund authorized for use by the Fire Department.

(2)     Revenues.  The town accountant shall establish the Ambulance Revolving Fund as a separate account and credit to the fund all of the fees, charges or other receipts to be charged and received by the Fire Department in connection with operation of Town ambulance service.

(3)     Purposes and Expenditures.  During each fiscal year, the Fire Chief may incur liabilities against and spend monies from the Ambulance Revolving Fund for purchase and/or debt service on Town ambulance(s).

(4)     Fiscal Years.  The Ambulance Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.

5.3         Advanced Life Support Revolving Fund.

(1)      Fund Name.  There shall be a separate fund called the Advanced Life Support Revolving Fund authorized for use by the Fire Department.

(2)      Revenues. The town accountant shall establish the Advanced Life Support Revolving Fund as a separate account and credit to the fund all of the fees, charges or other receipts to be charged and received by the Fire Department in connection with Town ambulance service.

(3)      Purposes and Expenditures.  During each fiscal year, the Fire Chief may incur liabilities against and spend monies from the Advanced Life Support Revolving Fund for payments for advanced life support service in connection with Town ambulance service.

(4)      Fiscal Years.  The Advanced Life Support Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.

5.4        Community Gardens Revolving Fund.

(1)        Fund Name.  There shall be a separate fund called the Community Gardens Revolving Fund authorized for use by the Medfield Community Gardens Program.

(2)        Revenues.  The town accountant shall establish the Community Gardens Revolving Fund as a separate account and credit to the fund all of the fees, charges or other receipts to be charged and received by the Town in connection with Medfield Community Gardens Program.

(3)        Purposes and Expenditures.  During each fiscal year, the Town Administrator may incur liabilities against and spend monies from the Community Gardens Revolving Fund for operation of Medfield Community Gardens Program.

(4)        Fiscal Years.  The Community Gardens Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.

5.5       Center at Medfield Building Maintenance Revolving Fund.

(1)        Fund Name.  There shall be a separate fund called the Center at Medfield Building Maintenance Revolving Fund authorized for use by the Council on Aging.

(2)        Revenues.  The town accountant shall establish the Center at Medfield Building Maintenance Revolving Fund as a separate account and credit to the fund all of the fees, charges or other receipts to be credited to the fund charged and received by the Council on Aging in connection with rental or use of Center at Medfield.

(3)        Purposes and Expenditures.  During each fiscal year, the COA Director may incur liabilities against and spend monies from the Center at Medfield Building Maintenance Revolving Fund for building maintenance and repair in connection with operation of Center at Medfield.

(4)        Fiscal Years.  The Center at Medfield Building Maintenance Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.

5.6         Library Revolving Fund.

(1)        Fund Name.  There shall be a separate fund called the Library Revolving Fund authorized for use by the Library Trustees.

(2)        Revenues.  The town accountant shall establish the Library Revolving Fund as a separate account and credit to the fund all of the fees, charges or other receipts to be charged and received by the Library photocopier printer services, rental or use of library space, payment for lost or damaged books or materials.

(3)        Purposes and Expenditures.  During each fiscal year, the Library Director may incur liabilities against and spend monies from the Library Revolving Fund for purchase of equipment, furniture, books or other materials in connection with operation of library.

(4)        Fiscal Years.  The Library Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.

5.7       Respite Care Revolving Fund.

(1)        Fund Name.  There shall be a separate fund called the Respite Care Revolving Fund authorized for use by the Council on Aging.

(2)        Revenues.  The town accountant shall establish the Respite Care Revolving Fund as a separate account and credit to the fund all of the fees, charges or other receipts to be charged and received by the Council on Aging Respite Care Program operation of the Respite Care Program.

(3)        Purposes and Expenditures.  During each fiscal year, the COA Director may incur liabilities against and spend monies from the Respite Care Revolving Fund for operation of Respite Care Program in connection with Respite Care Program.

(4)        Fiscal Years.  The Respite Care Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.

5.8       Transfer Station Recycling Revolving Fund.

(1)        Fund Name.  There shall be a separate fund called the Transfer Station Recycling Revolving Fund authorized for use by the Transfer Station and Recycling Committee.

(2)        Revenues.  The town accountant shall establish the Transfer Station Recycling Revolving Fund as a separate account and credit to the fund all of the fees, charges or other receipts to be charged and received by the Town recycling and SWAP programs at transfer station in connection with recycling and SWAP programs at transfer station.

(3)        Purposes and Expenditures.  During each fiscal year, the Superintendent of Public Works may incur liabilities against and spend monies from the Transfer Station Recycling Revolving Fund for operation in connection with recycling and SWAP programs at transfer station.

(4)        Fiscal Years.  The Transfer Station Recycling Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.

5.9       Former State Hospital Property Revolving Fund.

(1)        Fund Name.  There shall be a separate fund called the Former State Hospital Property Revolving Fund authorized for use by the Town Facilities Department.

(2)        Revenues.  The town accountant shall establish the Former State Hospital Property Revolving Fund as a separate account and credit to the fund all of the fees, charges or other receipts to be charged and received by the Town in connection with rental or use of the property.

(3)        Purposes and Expenditures.  During each fiscal year, the Facilities Director may incur liabilities against and spend monies from the Former State Hospital Property Revolving Fund for property maintenance, repair and/or security.

(4) Fiscal Years.  The Former State Hospital Property Revolving Fund

shall operate for fiscal years that begin on or after July 1, 2017.

, or do or act anything in relation thereto.

                                    (Board of Selectmen)

 

Article 5.  To see if the Town will vote to authorize the followings sums to be expended without appropriation from the following revolving funds, established under and governed by General Laws Chapter 44, §53E½.

 

Fire Alarm Revolving Fund                 $  32,000.

Ambulance Revolving Fund               $  70,000.

Advance Life Support Revolving Fund           $  75,000.

Community Gardens Revolving Fund            $    1,500.

Center at Medfield Building Maintenance Revolving Fund  $  30.000.

Library Revolving Fund                      $    5,000.

Respite Care Revolving Fund             $125,000.

Transfer Station Recycling Revolving Fund   $  10,000.

Former State Hospital Property Revolving Fund       $  10,000

 

TOTAL AUTHORIZED EXPENDITURES         $358,500.

 

(Board of Selectmen)

Article 6.  To see if the Town will adopt the provisions of Mass G.L., chapter 80, Section 13B, Sewer Betterment Deferral and Recovery Agreements for Seniors, or do or act anything in relation thereto.

(Board of Assessors)

 

Article 7.  To see if the Town will vote to supplement each prior vote of the Town that authorizes the borrowing of money to pay costs of capital projects to provide that, in accordance with Mass G.L., Chapter 44, Section 20, the premium received by the Town upon the sale of any bonds or notes thereunder, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to pay project costs and the amount authorized to be borrowed for each such project shall be reduced by the amount of any such premium so applied, or do or act anything in relation thereto.

 

(Treasurer/Collector)

 

Article 8.  To see of the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of paying a fy16 unpaid medical bill of the Police Department in the amount of $1,495, or do or act anything in relation thereto.

 

(Chief of Police)

 

Article 9.  To see if the Town will vote to appropriate an additional sum of money to the fy17 Reserve fund, 01-997-2, or do or act anything in relation thereto.

(Warrant Committee)

 

Article 10.  To see if the Town will vote to appropriate $70,000 from the Ambulance Revolving Fund, to the General Fund Stabilization Fund to reimburse that fund for a temporary loan from said Stabilization Fund in fy17 to cover the purchase of a replacement ambulance for the Medfield Fire Department, or do or act anything in relation thereto.

(Town Administrator)

 

Article 11.  To see if the Town will vote to fix the salary and compensation of the following elected officers: Moderator, Town Clerk, Selectmen, Assessors, School Committee, Trustees of the Public Library, Park and Recreation Commissioners, Planning Board, Housing Authority and Trust Fund Commissioners, or do or act anything in relation thereto.

 

Officer Present Salary     W.C. Recommends

Town Clerk      $68,000                $    .000

Selectmen, Chairman $     900                 $    900

Selectmen, Clerk         $     900                 $    900

Selectmen, Third Member      $     900                 $    900

Assessors, Chairman   $     900                 $    900

Assessors, Clerk          $     900                 $    900

Assessors, Third Member       $     900                 $    900

Moderator      $     -0-                   $    -0-

Housing Authority       $     -0-                   $    -0-

School Committee      $     -0-                   $    -0-

Library Trustees          $     -0-                   $    -0-

Planning Board           $     -0-                   $    -0-

Park & Recreation Commissioner       $     -0-                   $    -0-

Trust Fund Commissioner       $     -0-                   $    -0-

 

(Board of Selectmen)

 

Article 12.  To see if the Town will vote to amend the PERSONNEL ADMINISTRATION PLAN and CLASSIFICATION OF POSITIONS AND PAY SCHEDULE, effective July 1, 2017, as set out in the warrant, or do or act anything in relation thereto.

(Personnel Board)

 

Article 13.  To see if the Town will vote to raise and appropriate and/or transfer from available funds, sums of money requested by the Selectmen or any other Town Officer, Board, Commission or Committee to defray operating expenses of the Town for the fiscal year commencing July 1, 2017, or such other sums as the Town may determine, as required by General Laws, Chapter 41, Section 108, or do or act anything in relation thereto.

 

Article 14.  To see if the Town will vote to raise and appropriate from the Fiscal 2018 Tax levy and or transfer from available funds and/or borrow for Capital Expenditures, including the following:

 

FY18 CAPITAL BUDGET

RECOMMENDATIONS

 

DEPARTMENT                      PROJECT                                         REQUEST

 

                                                                (Capital Budget Committee)

 

Article 15.  To see if the Town will vote to accept Mass G.L., Chapter 44, Section 55C, which authorizes a municipality to establish a trust to be known as the Municipal Affordable Housing Trust Fund and to amend the Code of the Town of Medfield to add a new chapter: Chapter 15 Medfield Affordable Housing Trust Fund, as follows:

 

Chapter 15 – Medfield Housing Trust Fund

 

15-1 Authority/Establishment – Pursuant to the authority of General Laws, Chapter 44, Sections 55C, there is hereby created a local municipal affordable housing trust fund to be known as the Medfield Affordable Housing Trust Fund (hereinafter: “Trust Fund”)

 

15-2 Purposes – The purposes of the Trust Fund shall be to:

  1. Receive, hold, invest, and/or expend funds for research, acquisition, construction, rehabilitation, renovation, repair, maintenance, financing or refinancing of property within the Town of Medfield so that such property will be substantially available as affordable housing for low and moderate income households and to further provide mechanism to ensure such use; and
  2. Utilize funds for temporary consulting services, including but not limited to planning, engineering and legal services that allow the Town of Medfield to provide or preserve real property in the Town so that such property will be substantially available as affordable housing for low and moderate income households and to further provide mechanism to ensure such use.

15-3 Powers and Duties – The Trust Fund shall have the responsibility to support the creation and preservation of affordable housing in order to secure the creation and preservation of affordable housing in order to secure rental and home ownership opportunities for the community’s low and moderate income households. The Trust Fund shall have the powers and duties specified in General Laws, Chapter 44, Section 55C, provided that it shall have no ability to borrow money, or mortgage or pledge Trust assets without prior Town Meeting approval. It shall have the following additional powers and duties:

  1. To establish criteria and/or qualifications for recipients and expenditures in accordance with the Trust Fund’s above-stated purposes.
  2. To employ consultants and full or part-time staff, to contract fro administrative and support goods and services, and to expend up to ten percent (10%) of Trust fund receipts for these purposes.

15-4 Source of funds – As a means of providing available assets for the Trust Fund, all monies received the Town through the following means shall be paid over to and become a part of the fund for the purposes set forth herein:

 

  1. Cash payments made by developers to the Town under applicable provisions of the Medfield Zoning Bylaw in lieu of affordable dwelling unit set-asides and developer agreements made under Section 14 of chapter 716 of the Acts of 1989.
  2. Funds authorized by Town Meeting for community housing purposes under Chapter 44B of General Laws, the Community Preservation Act, in event the Town adopts that statute.
  3. Public and private gifts, grants, donations, contributions or other cash payments made to and accepted by the Town for the purpose of providing low and moderate income housing.
  4. Monies obtained through fines, restitution or damages collected in connection with the administration of any local affordable housing bylaw.
  5. Any other source of revenue determined by Town Meeting, to the extent permitted by law.

 

15-5 Composition – The Trust Fund shall have a least five (5) Trustees, but no more than nine (9) Trustees, at all times. At least one (1) of the Trustees shall be a currently serving member of the Board of Selectmen. The remaining Trustees shall be appointed by the Board of Selectmen: in making appointments, the Board of Selectmen shall endeavor to provide a broad-based membership, including affordable housing advocates, legal, banking, financial, and real estate professions, and other members of the local business community.

 

15-6 Term of Office – The Selectmen Trustee’s term as Trustee shall begin on the day that the  Selectman is appointed as Trustee and shall continue until he/she is replaced as Trustee by another Selectman. The other Trustees shall serve a term of two (2) or three  (3)?????? Years. The terms of the Trustees  shall, be staggered so as to provide, to the extent possible, for an equal number of Trustees being (re)appointed each year.

 

15-7 Organization – the Trustees shall annually elect one Trustee to serve as Chairperson. The chairperson may establish subcommittees and/or ad hoc task-related committees to carry out the purposes of the Trust Fund. Chairpersons for the subcommittees may be selected by the members of the subcommittees.

 

15-8 The Board of Selectmen may, after notice, remove a Trustee for failure to attend meetings of the Trust, failure to perform his/her duties as Trustee, or for other good cause, as determined by the Board.

 

15-9 Filling of Vacancies – In the event of a vacancy in the position of Trustee, the appointment for the balance of the term shall be made in the same manner as the original appointment.

 

15-10 Meetings/Quorum – Meetings of the Trust Fund shall be held on a regular basis. Special meetings may be called by the Chairperson or by any two (2) Trustees. Notice of any meeting of the Trust Fund shall be filed with the Town Clerk and posted in accordance with General Laws, Chapter 30A, Sections 18-25, the Open Meeting Law. A majority of the number of appointed members shall constitute a quorum and shall also  be required to approve any motion.

 

15-11 Treasurer/Collector as Custodian – The Medfield Treasurer/Collector shall be the custodian of the Trust’s funds and shall maintain separate accounts and records for said funds. He or she shall invest the funds in the manner authorized by Sections 55, 55A and 55B of Chapter 44 of the General Laws. Any income or proceeds received from the investment of funds shall be credited to and become part of the Trust.

 

, and to authorize the Town Clerk to renumber, re-letter , and/or take any other action necessary to reformat this new bylaw to fit within the established format of the Code of the Town of Medfield, or do or act anything in relation thereto.                                (Board of Selectmen)

 

Article 16.  To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of providing ongoing maintenance and security at the site of the former state hospital, or do or take any action in relation thereto.

 

(Board of Selectmen)

 

Article 17.  To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of hiring consultants, engineers, and/or attorneys to assist the Town with ongoing preparation of a master plan for reuse of the former hospital and surrounding areas and to advise the Town on matters concerning the site’s disposition, reuse and environmental remediation, said funds to be expended under the direction of the Board of Selectmen, with the understanding that the Board of Selectmen may authorize any other Town board, commission, committee or department to expend a poetion of said funds for such purposes, or do or act anything in relation thereto.

 

(Board of Selectmen)

 

Article 18.  To see if the Town will vote to authorize the Board of Selectmen to lease space to private wireless providers on the new Town water tower on the site of the former state hospital property for the location of wireless facilities, or do or act anything in relation thereto.

 

(Board of Selectmen)

 

Article 19.  To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of making improvements to the downtown, or do or act anything in relation thereto.

 

(Board of Selectmen)

 

Article 20.  To see if the Town will vote to transfer $163,549 from sewer betterments paid-in-advance to the Sewer Stabilization Fund, established under Article 31 of the 2004 ATM in accordance with the provisions of G3eneral Laws, Chapter 40, Section 5B, as amended by Chapter 46 of the Acts of 2003, or do or act anything in relation thereto.

(Town Accountant)

Article 21.  To see if the Town will vote to transfer $41,299 from the fy17 County Retirement Contribution Budget, account 01-911-2, to the Other Post Employment Benefits (OPEB) Trust, fund 81-001, and appropriate to said Trust from the fy18 tax levy, free cash or other sources, such other sum(s), as the Town deems appropriate for the purpose of setting aside monies to cover the unfunded retiree health insurance costs, or do or act anything in relation thereto.

 

(Town Administrator)

 

Article 22.  To see if the Town will vote to increase the maximum individual annual payment under the senior tax work-off program, authorized by General Laws, Chapter 59, Section 5K from $500 to $1,000, or do or act anything in relation thereto.

 

(Council on Aging)

 

Article 23.  To hear the report of the Senior Housing Study Committee, appointee under Article 38 of the 2016 Annual Town Meeting, and to see if the Town will appropriate a sum of money and determine how said sum shall be raised for the purpose of delineating the wetlands on and about a parcel of land identified on the Board of Assessors  Maps as map 64, Lot 1, consisting of approximately 9.7 acres to determine its suitability as a site for senior housing, or do or act anything in relation thereto.

 

(Senior Housing Study Committee)

 

Article 24.  To see if the Town will vote to accept a public right-of-way over a portion of the following street:

 

Vinald Road, between Mitchell Street and Cottage Street, as laid out by the Board of Selectmen and also, as shown on a plan captioned “Plan of Land Medfield, Mass. Scale 1” = 40’ Dated: January 20, 2016 Carlson Survey Company 261 Union Street Millis, Mass. 02054” recorded at Norfolk County Registry of Deeds in Plan Book 652 at Page 16 and to authorize the Board of Selectmen to acquire by eminent domain or otherwise, such rights, titles and easements, including drainage easements, as may be necessary to accomplish such purposes

, or do or act anything in relation thereto.

(Planning Board)

 

Article 25.  To see if the Town will vote to name the bridge crossing Mill Brook at Elm Street the “Colonel Douglas C. MacKeachie Bridge, to appropriate a sum of money to fund a sign designating this bridge as such and to fund appropriate ceremonies in recognition of the occasion, or do or act anything in relation thereto.

(Committee to Study Memorials)

 

Article 26.  To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of hiring training and equipping Firefighter/EMT employees with Advanced Life Support (ALS) certification and/or contracting with a private firm to provide such ALS services, provided that all appropriations authorized under this article be contingent upon approval of a so-called Proposition 2 ½ operating override in accordance with General Laws, Chapter 59, Section 21C  , or do or act anything in relation thereto.

(Fire Chief and/or Board of Selectmen)

 

Article 27.  To see if the Town will vote to appropriate $1 million and determine in what manner said sum shall be raised for the purpose of acquiring land and/or property, designing and/or constructing affordable housing within the Town, said sum to be transferred to the Medfield Affordable Housing Trust Fund for said purposes; and to authorize the Treasurer/Collector, with the approval of the Board of Selectmen, to borrow in accordance with the provisions of Mass G.L., Chapter 44, Section 7, Paragraph 1 or any other enabling stature as may be appropriate, and to authorize the Medfield Affordable Housing Trust Fund to expend said funds, to enter into contracts with federal, state and/or private parties, and to apply for and accept federal, state and/or private grants to accomplish said purposes, provided that all appropriations authorized under this article be contingent upon approval of a so-called Proposition 2 ½ debt exclusion, in accordance with chapter 59, Section 21C of the General Laws of the Commonwealth of Massachusetts, or do or act anything in relation thereto.

 

(Citizen Petition)

 

Article 28.  To see if the Town will vote to appropriate $10,000 for the purpose of making repairs and improvements to the Dwight-Derby House, said sum to be expended under the direction of the Facilities Manager, in consultation with the friends of the Dwight-Derby House, Inc., or do or act anything  in relation thereto.

(Citizen Petition)

 

 Article 29,  To see if the Town will vote to authorize the Board of Selectmen to enter into a long-term lease with the Massachusetts Department of Transportation and/or the Massachusetts Bay Transportation Authority on an unused rail bed running from Ice House Road to the Dover town line and to appropriate a sum of money for the purpose of purchasing environmental liability  insurance and/r constructing a rail trail on said rail bed, or do or take anything in relation thereto.

(Medfield Rail Trail Committee)

 

Article 30.  To see if the Town will vote to purchase the existing street lights, brackets and other associated fixtures and equipment located in the public ways of the Town from Boston Edison, and/or Eversource, or their successor entities and to appropriate a sum of money for said purchase and for the purchase and installation of LED streetlights, said lights, brackets and other associated fixtures and equipment, to be owned and maintained by the Town of Medfield, and further, to authorize the Board of Selectmen to enter into a contract/contracts and to accept grants, loans or gifts from private contractors, state, federal and or private parties to accomplish said purposes and to effectuate the transfer of ownership, of do or take anything in relation thereto.

(Medfield Energy Committee)

 

 

Article 32.  To see if the Town will vote to amend the Code of the Town of Medfield Chapter 270 Water Article I Water Conservation by striking the existing article in its entirety and replacing it, as follows:

Article I Water Conservation: Water Use Restriction and Ban

  • 270-1 Authority.
  • 270-2 Purpose.
  • 270-3 Application and Exemptions.
  • 270-4 Definitions.
  • 270-9 Public Notification of State of Water Supply Conservation or Water Ban; Notification of DEP.
  • 270-10 Termination of State of Water Supply Conservation; Notice.
  • 270-11 State of Water Supply Emergency; Compliance with DEP Orders.
  • 270-12 Posting of Notice of Private Irrigation Wells.
  • 270-13 Penalties for Violation(s).
  • 270-14 Enforcement Authority.

 

  • 270-1 Authority.

 

This article is adopted by the Town of Medfield under its police powers to protect public health, safety and welfare and implements the Town’s authority to regulate, limit and prohibit water use.  This article also implements the Town’s authority under M.G.L. c. 40, §41A, conditioned upon a declaration of Water Supply Emergency issued by the Department of Environmental Protection.

 

  • 270-2 Purpose.

 

The purpose of this article is to protect, preserve and maintain the public health, safety and welfare whenever there is in force a State of Water Supply Conservation or Water Ban by providing for enforcement of any duly-imposed prohibitions, restrictions, requirements, provisions or conditions imposed by the Town or by the Department of Environmental Protection.

 

  • 270-3 Application and Exemptions.

 

Water Supply Conservation measures apply to public water supply users only.  Water Ban measures apply to both public water supply users and private well users.

 

Commercial agricultural users shall be exempt from all provisions of this article.  The Town of Medfield is exempt from all provisions of this article to extent required to protect public assets.

 

  • 270-4 Definitions.

 

For the purpose of this article, the following terms shall have the meanings indicated:

MEDFIELD WATER SUPPLY

 

The system of Town-owned wells and pipes used to distribute drinking water and provide fire protection as well as all sources for said water, including subsurface aquifer(s).

PERSON

 

Any individual, corporation, trust, partnership or association, or other entity located in Medfield or who is connected to the Medfield Water Supply.

 

STATE OF WATER SUPPLY CONSERVATION

 

A State of Water Supply Conservation declared by the Town pursuant to §270-5 of this article.

 

WATER BAN

 

A state of elevated water restrictions declared by the Town pursuant to §270-7 of this article.

 

  • 270-5 Declaration of State of Water Supply Conservation.

 

As required by the Town’s Water Management Act Permit, the [                                          ] shall declare a State of Water Supply Conservation no later than the first Monday in June through at the earliest the second Monday in September each year.  Outdoor water use restrictions outlines in §270-6 shall be applicable to all water users of the public water system regardless of any person’s responsibility for paying water bills for water used at any particular facility.  The [                            ] may extend the State of Water Supply Conservation if he determines that a shortage of water exists, or may reasonably be determined to be imminent, and that conservation measures are appropriate to ensure the safe and adequate supply of water to all water consumers.

 

  • 270-6 State of Water Supply Conservation Restricted Water Uses.

 

A declaration of a State of Water Conservation shall include, but not be limited to, one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the public supply.  The applicable restrictions, conditions or requirements shall be included in the public notice required under §270-9.

 

  1. One day per week outdoor watering.  Outdoor watering using sprinklers or automated irrigation systems is restricted to [                                               ] day.

 

  1. Outdoor watering hours.  Outdoor watering is prohibited between the hours of 9 a.m. to 5 p.m.

 

  • 270-7 Declaration of Water Ban.

 

If the [                                               ] makes a specific finding that the shortage of water exists because of a clear and imminent threat to the aquifer(s) underlying Medfield, such threats to include severe drought or environmental pollution, the [                                           ] may elevate the State of Water Supply Conservation to a Water Ban: either partial or total.  Outdoor water use restrictions outline in §270-8 shall be applicable to all persons in Medfield regardless of the source of water supply.  The applicable restrictions, conditions or requirements shall be included in the public notice required under §270-9.

 

  • 270-8 Water Ban Restricted Water Uses.

 

A declaration of a partial Water Ban may include, but not be limited to, one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the public supply.  The applicable restrictions, conditions or requirements shall be included in the public notice required under §270-9.

 

  1. Prohibition on the use of sprinklers and automatic sprinkler systems .

 

  1. Limitation on outdoor watering to handheld watering of vegetable and flower gardens.

 

  1. Prohibition on handwashing of exterior building surfaces, parking lots, sidewalks, driveways and patios.

 

  1. Prohibition on washing of vehicles, except in commercial car washes.

 

  1. Mandatory water use reductions by commercial/industrial users.

 

A declaration of a total water ban may include a total ban on outdoor water use, with or without stated exceptions; the applicable restrictions, conditions or requirements shall be included in the public notice required under §270-9.

 

  • 270-9 Public Notification of State of Water Supply Conservation or Water Ban; Notification of DEP.

 

Notification of any provision, restriction, requirement or condition imposed by the Town as part of a State of Water Supply Conservation or Water Ban shall be published on the official Town of Medfield website, or by such other means reasonably calculated to reach and inform users of water of the state of water supply conservation.  Any restriction imposed under §270-6 or §270-8 shall not be effective until such notification is provided.  Notification of the State of Water Supply Conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection.

 

  • 270-10 Termination of State of Water Supply Conservation or Water Ban; Notice.

 

A state of Water Supply Conservation or Water Ban may be terminated by the [                       ] upon his determination that the water supply shortage no longer exists.  Public notification of the termination of a State of Water Supply Conservation or Water Ban shall be given in the manner provided in §270-9.

 

  • 270-11 State of Water Supply Emergency; Compliance with DEP Orders.

 

If the Department of Environment Protection declares a State of Water Supply Emergency under M.G.L. c. 21G, §15-17, no person shall violate any provision, restriction, requirement or condition of any order approved or issued by the Department intended to bring about an end to the State of Emergency.

 


 

  • 270-12 Posting of Notice of Private Irrigation Wells.

 

Persons who have private wells for lawn irrigation must prominently display signs visible to the public that include the following phrase “PRIVATE WELL WATER IN USE”.  Signs must be displayed whenever the irrigation system is in use.  False posting is prohibited.

 

  • 270-13 Penalties for Violation(s).

 

Any violation of this bylaw shall subject the violator to a fine as follows:

 

  • First violation (within calendar year): a written warning.

 

  • Second violation: a fine of $50.

 

  • Every violation thereafter: a fine of $200.

 

Each day that a violation continues shall constitute a new and separate offense.

 

  • 270-14 Enforcement Authority.

 

The Board of Water and Sewerage and their designee(s), Director of Public Works and his designee(s), Medfield Police Department, Building Commission, Conservation Agent, and Board of Health Agent shall each have authority to enforce the provisions of this bylaw. and to authorize the Town Clerk to renumber, re-letter.

 

, or do or act anything in relation thereto.

 

Article 32.  To see if the Town will vote to amend the Code of the Town of Medfield, Division 2: Regulations, 270 Water, by adding a new Article II Public Water Supply System and a new Section 270-15 Water Department Access, thereunder, as follows:

 

Article II Public Water Supply System

 

Section 270-15 Water Department Access. As provided in G.L. Chapter 165, Section 11D, a water customer shall provide access to the Water Department during regular business hours and, in the event of an emergency, at all other times, to permit Water Department employees or contractors to inspect, test, repair and/or replace the water service or any component thereof or the water meter for the  premises. In the event of a water customer’s failure to provide access, the Director of Public Works or his designee shall transmit a writen request for access to the customer, specifying the purpose and date(s) and time(s); if the water customer fails to provide access at the requested date(s) and time(s); or within thirty(30) days following receipt of the written request, whichever is later, then the water customer shall be liable for a fine of twenty-five dollars per day for each day thereafter, until the water customer provides the requested access. This provision may be enforced by the Director of Public Works or his/her designee.

 

,or do or act anything in relation thereto.

 

 

 

Article 33.  To see if the Town will vote to appropriate a sum of money, said sum to be transferred from the Water Enterprise Fund, Unreserved Fund Balance, for the purpose of hiring an engineering firm to design an Iron/Manganese Treatment/Removal facility for wells three (3), four (4) and/or five (5) of the Town’s water supply system and to prepare construction plans and bid documents for such, or do or act anything in relation thereto.

 

(Water & Sewerage Commissioners)

 

Article 34.  To see if the Town will amend the Code of the Town of Medfield Division 1: Bylaws, Part II General Legislation,  Bylawsw,  by adding the following sections:

 

 

 

DRAFT Proposed Bylaw Governing Stormwater Discharges

                        (this draft needs to be reviewed by town counsel)

SECTION 1. PURPOSE

Increased and contaminated stormwater runoff is a major cause of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater; contamination of drinking water supplies; alteration or destruction of aquatic and wildlife habitat; and flooding.

Regulation of illicit connections and discharges to the municipal storm drain system and watercourses is necessary for the protection of the Town of Medfield’s water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment.

The objectives of this by-law are:

  1. to prevent pollutants from entering the Town of Medfield municipal separate storm sewer system(MS4) or watercourses; 2. to prohibit illicit connections and unauthorized discharges to the MS4 and watercourses; 3. to require the removal of all such illicit connections; 4. to comply with state and federal statutes and regulations relating to stormwater discharges; and 5. to establish the legal authority to ensure compliance with the provisions of this by-law through inspection, monitoring, and enforcement.

SECTION 2. DEFINITIONS

For the purposes of this by-law, the following shall mean:

AUTHORIZED ENFORCEMENT AGENCY:  The Medfield Department of Public Works, its employees or any agents designated by the Medfield Department of Public Works to enforce this by-law.

CLEAN WATER ACT:  The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.

DISCHARGE OF POLLUTANTS:  The addition from any source of any pollutant or combination of pollutants into the municipal storm drain system or into the waters of the United States or Commonwealth from any source.

GROUNDWATER:  Water beneath the surface of the ground.

ILLICIT CONNECTION:  A surface or subsurface drain or conveyance, which allows an illicit discharge into the municipal storm drain system or a watercourse, including without limitation sewage, process wastewater, or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this by-law

ILLICIT DISCHARGE:  Direct or indirect discharge to the municipal storm drain system or a watercourse that is not composed entirely of stormwater, except as exempted in Section 3.

IMPERVIOUS SURFACE:  Any material or structure on or above the ground that prevents water infiltrating the underlying soil.  Impervious surface includes without limitation roads, paved parking lots, sidewalks, and rooftops.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM: The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Medfield.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT:  A permit issued by United States Environmental Protection Agency or jointly with the State that authorizes the discharge of pollutants to waters of the United States.

NON-STORMWATER DISCHARGE:  Discharge to the municipal storm drain system not composed entirely of stormwater.

PERSON:  An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.

POLLUTANT:  Any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter whether originating at a point or nonpoint source, that is or may be introduced into any sewage treatment works or waters of the Commonwealth.  Pollutants shall include without limitation:

(1) paints, varnishes, and solvents;

(2) oil and other automotive fluids;

(3) non-hazardous liquid and solid wastes and yard wastes;

(4) refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, accumulations and floatables;

(5) pesticides, herbicides, and fertilizers;

(6) hazardous materials and wastes; sewage, fecal coliform and pathogens;

(7) dissolved and particulate metals;

(8) animal wastes;

(9) rock, sand, salt, soils;

(10)   construction wastes and residues; and

(11)  noxious or offensive matter of any kind.

PROCESS WASTEWATER:  Water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any material, intermediate product, finished product, or waste product.

STORMWATER:  Runoff from precipitation or snow melt, and surface water runoff and drainage.

SURFACE WATER DISCHARGE PERMIT.  A permit issued by the Department of Environmental Protection (DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants to waters of the Commonwealth of Massachusetts.

TOXIC OR HAZARDOUS MATERIAL or WASTE:  Any material, which because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment.  Toxic or hazardous materials include any synthetic organic chemical, petroleum product, heavy metal, radioactive or infectious waste, acid and alkali, and any substance defined as Toxic or Hazardous under G.L. Ch.21C and Ch.21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.

WATERCOURSE: A natural or man-made channel through which water flows or a stream of water, including a river, brook or underground stream.

WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.

WASTEWATER: Any sanitary waste, sludge, or septic tank or cesspool overflow, and water that during manufacturing, cleaning or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.

SECTION 3. APPLICABILITY

This bylaw shall apply to all water entering the municipal storm drain system or going, directly or indirectly, into a watercourse or waters of the Commonwealth, that will be generated on any developed or undeveloped lands except as explicitly exempted in this bylaw.

SECTION 4. PROHIBITED ACTIVITIES AND EXEMPTIONS

  1. Illicit discharges. No person shall dump, discharge, spill, cause or allow to be discharged any pollutant or non-stormwater discharge into the municipal separate storm sewer system (MS4), onto an impervious surface directly connected to the MS4, or directly or indirectly, into a watercourse or waters of the Commonwealth.

 

  1. Illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.

 

  1. Obstruction of municipal storm drain system. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drain system without prior consent from the Authorized Enforcement Agency.

 

 

  • Discharge or flow resulting from fire-fighting activities;

 

  • The following non-stormwater discharges or flows are exempt from the prohibitions of non-stormwater provided that the source is not a significant contributor of a pollutant to the municipal storm drain system or, directly or indirectly, to a watercourse or waters of the Commonwealth:

 

  1. Waterline flushing;
  2. Flow from potable water sources, with the exception of landscape irrigation and lawn watering;
  3. Springs;
  4. Natural flow from riparian habitats and wetlands;
  5. Diverted stream flow;
  6. Rising groundwater;
  7. Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater (e.g. sump pump), provided that where a pump intake exists inside a structure, the operator seeks a permit from the Authorized Enforcement Agency prior to discharge and thereafter discharges in accordance with the requirements of the permit and applicable laws and regulations to be issued by the Authorized Enforcement Agency;
  8. Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air-conditioning condensation;
  9. Discharge from dechlorinated swimming pool water (less than one ppm chlorine) provided the water is allowed to stand for one week prior to draining and the pool is drained in such a way as not to cause a nuisance;
  10. Discharge from street sweeping;
  11. Dye testing, provided verbal notification is given to the Authorized Enforcement Agency prior to the time of the test;
  12. Nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and
  13. Discharge for which advanced written approval is received from the Authorized Enforcement Agency as necessary to protect public health, safety, welfare or the environment.

SECTION 5. EMERGENCY SUSPENSION OF STORM DRAINAGE SYSTEM ACCESS

The Authorized Enforcement Agency may suspend municipal storm drain system access to any person or property without prior written notice when such suspension is necessary to stop an actual or threatened discharge of pollutants that presents imminent risk of harm to the public health, safety, welfare or the environment. In the event any person fails to comply with an emergency suspension order, the Authorized Enforcement Agency may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.

SECTION 6. NOTIFICATION OF SPILLS

Notwithstanding other requirements of local, state or federal law, as soon as a person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of or suspects a release of materials at that facility or operation resulting in or which may result in discharge of pollutants to the municipal drainage system or waters of the Commonwealth, the person shall take all necessary steps to ensure containment and cleanup of the release. In the event of a release of oil or hazardous materials, the person shall immediately notify the Municipal Fire and Police Departments. In the event of a release of nonhazardous material, the reporting person shall notify the Authorized Enforcement Agency no later than the next business day. The reporting person shall provide written confirmation of all telephone, facsimile or in-person notifications within three business days thereafter. If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or operator of the facility shall retain on site a written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

SECTION 7. ENFORCEMENT

The Authorized Enforcement Agency shall enforce this bylaw, and any associated regulations, orders, violation notices, and enforcement orders and may pursue all civil and criminal remedies for such violations.

  1. Civil relief. If a person violates the provisions of this bylaw, or any associated regulations, permit, notice, or order issued thereunder, the Authorized Enforcement Agency may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

 

 

  • The Authorized Enforcement Agency may issue a written order to enforce the provisions of this bylaw or any regulations thereunder, which may include:

 

  1. Elimination of illicit connections or discharges to the MS4;
  2. Elimination of discharges to the MS4 or, directly or indirectly, into a watercourse or into the waters of the Commonwealth.
  3. Performance of monitoring, analyses, and reporting;
  4. That unlawful discharges, practices, or operations shall cease and desist;
  5. That measures shall be taken to minimize the discharge of pollutants until such time as the illicit connection shall be eliminated; and
  6. Remediation of contamination in connection therewith.

 

  • If the Authorized Enforcement Agency determines that abatement or remediation of contamination is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town may, at its option, undertake such work, and expenses thereof shall be charged to the violator.

 

  • Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Authorized Enforcement Agency within 30 days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within 30 days following a decision of the Authorized Enforcement Agency affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner’s property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in MGL c. 59, § 57 after the 31st day at which the costs first become due.

 

  1. Criminal penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued thereunder shall be punished by a fine of not more than $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

 

  1. Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D and Article II, § 1-1 of the Town of Medfield General Bylaws, in which case the Authorized Enforcement Agency shall be the enforcing person. The penalty for the first violation shall be a warning. The penalty for the second violation shall be $100. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

 

  1. Entry to perform duties under this bylaw. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Authorized Enforcement Agency, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this bylaw and regulations and may make or cause to be made such examinations, surveys or sampling as the Authorized Enforcement Agency deems reasonably necessary.

 

  1. The decisions or orders of the Authorized Enforcement Agency shall be final. Further relief shall be to a court of competent jurisdiction.

 

  1. Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law.

SECTION 6. REGULATIONS AND GUIDANCE

Authorized Enforcement Agency may promulgate rules and regulations to effectuate the purposes of this by-Law after conducting a public hearing to receive comments. Such hearing shall be advertised in a newspaper of general local circulation, at least fourteen (14) days prior to the hearing date. Failure by the Authorized Enforcement Agency to promulgate such rules and regulations shall not have the effect of suspending or invalidating this by-law.

SECTION 7. TRANSITIONAL PROVISIONS

Residential property owners shall have 60 days from the effective date of this bylaw to comply with its provisions provided good cause is shown for the failure to comply with the bylaw during that period.

SECTION 8. SEVERABILITY

The provisions of this bylaw are hereby declared to be severable. If any provision, paragraph, sentence, or clause of this bylaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.

 

,in order to achieve compliance with the 2003 National Pollutant Discharge and Emissions System (NPDES) 2003 General Permit, or do or take anything in relation thereto.

 

(Moe and Sarah to provide wording)

 

(Director of Public Works)

 

Article 35.  To see if the Town will appropriate the sum of $5,000 for the purpose of tapping beavers and removing beaver dams and structures throughout the Town, said sum to be expended under the jurisdiction of the Town Administrator, or do or act anything in relation thereto.

(Town Administrator)

 

Article 36.  To see if the Town will amend the Code of the Town of Medfield Division 1: Bylaws, Part II General Legislation, 300 Zoning to provide for Inclusionary Zoning

(Mark Cerel and Sarah Raposa working on)

 

Artilce 37. Through 39.  To see if the Town will amend the code of the Town of Medfield, Division 1: Bylaws, Part II General Legislation, 300 Zoning to:

  1. Mitigate the impact of large single-family structures
  2. Mitigate the impact of large two-story structures
  3. Mitigate the impact of large multi-story structures

(Planning Board working on)

 

Article 40.   To see if the Town will amend the Code of the Town of Medfield, Division 1: Bylaws, Part II General Legislation, Chapter 175. Marijuana and Tetrahydrocannabinol by adding a new Section 175-3 as follows:

 

Section 175-3 Marijuana, Not Medically Prescribed, Prohibited.

 

Consistent with MGL Ch. 94G, Section 3(a)(2), all types of marijuana establishments as defined in GGL Ch. 94G, Section 1(j), to include all marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses, are prohibited within the Town of Medfield.

 

Article 41.  To see if the Town will amend the Code of the Town of Medfield, Division 1: Bylaws, Part II General Legislation, 300 Zoning, Attachment 1 Table of Use Regulations by adding a new Section 4.10b as follows:

 

 

A      RE     RT     RS     RU     B        BI        IE

4.10b Non-Medical Marijuana Establishments*    NO   NO    NO    NO   NO     NO     NO    NO

 

*All types of marijuana establishments as defined in MGL Ch. 94G, Section 1(j), to include all

Marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related business, shall be prohibited within the Town of Medfield.

, or do or act anything in relation thereto.                            (Board of Selectmen)

 

Article 42.  To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised, for the purpose of preparing a downtown Phase II Parking Study, said funds to be expended under the direction of the Economic Development committee, and that said Committee be authorized to apply for and accept grants, loans or gifts from the state and federal government or private agencies, and to enter into contracts with such, or do or act anything in relation  thereto.

(Economic Development Committee)

 

Article 43.  To see if the Town will vote to accept as public ways all or a portion of the following streets:

Quarry Road from Station 8+88.09 to Station 16+97.87

Erik Road from Station 0+00.0 to Station 9+00.00

 

, as laid out by the Board of Selectmen and as shown on a plan referred to in the Order of Layout on file with the Town clerk’s office and to authorize the Board of Selectmen to acquire by eminent domain or otherwise, such rights, titles and easements, including drainage and trail easements, as may be necessary to accomplish such purposes, or do or act anything in relation thereto.

(Board of Selectmen)

 

Article 44.  To see if the Town will authorize the Board of Assessors to use a sum of money from free cash in the Treasury for the reduction of the tax rate for the fiscal year 2018, or do or act anything in relation thereto.

(Board of Assessors)

 

 

 

 

 

 

 

 

           

 

 

 

 

 

 

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