SJC on Quinn Bill – town only pays its half, not state’s half

The Supreme Judicial Court ruled today in the case of ADAMS v. CITY OF BOSTON held that Massachusetts towns only have to pay half of the  Quinn Bill obligations to the police when the legislature fails to fund the reimbursement, as it has recently done.  Under the Quinn Bill, police got additional pay for additional education, and the state was supposed to reimburse the towns for half of what the towns paid the cops per the Quinn Bill.  Several years ago when the recession hit, the state stopped funding its half of the Quinn Bill, Boston only paid its half, and the police sued to get it all.

“Taking the purpose of the statute into account, we conclude that § 108L requires only that municipalities pay one-half the amounts specified in the payment provision, plus any amount actually received from the Commonwealth. Municipalities may agree to pay more, but the statute does not require it.”

My letter #2 to residents

To the residents of Medfield,

I am running for re-election as Selectman. The election is on March 26, and I am asking for your vote.

Over the next several weeks until the election,  I will be  writing about the various contributions and efforts that I have made as a Selectman and my goals. I hope that you will have a better understanding of who I am, what I have done and what I would like to continue to do for our town.

●    Creating Access to Town Government and Information.  It has not always been easy for Medfield residents to get information about emerging and ongoing town issues and concerns, and it has not always been easy for residents to  access  town government and town information. As a result, one of my main goals has been to promote the dissemination and sharing of Medfield town information and to promote town government transparency.  To that end, I have worked hard and succeeded in getting the Board of Selectman to commit to a regular and predictable meeting schedule (first and third Tuesdays of the month).  I also have worked hard to get the Board of Selectman to agree to make Board meeting agendas available on-line in advance of Board meetings, as well as to make meeting minutes available on-line shortly after meetings conclude. I also pushed for the posting on-line of on-demand recordings of  Board meetings. These may seem like simple and obvious efforts – timely, electronic meeting agendas and minutes – but they were not a regular part of town government in Medfield.

●    Sharing Town Information With Residents.  Realizing that access to town information is not always easy and recognizing that I am in a unique position to access that information and to share and deliver that information to interested residents, I have made the commitment to write about and share with residents the information that I learn in my role as Selectman.  This information had been posted and can be found:
○    At my blog (https://medfield02052.wordpress.com/),
○    Via Twitter (@Medfield), and
○    Via my Facebook page.

●    Keeping Up To Date on Town Issues and Municipal and Other Laws.   The job of Selectman necessarily requires knowledge of municipal law and regulations as well as municipal finance and labor relations.  Public health and safety matters and questions arise, as well as environmental and land use concerns.  The job of Selectman demands continuing attention to the issues as well as to education.  To that end, I have always actively informed myself about the issues facing the town. I have read available information and have attended other board, commission and committee meetings. I have independently educated myself about issues and the law, and I regularly have attended continuing education programs from the Massachusetts Municipal Association and others.  I stay in touch with our state legislators when and as issues require, and I seek the advice and input from the resources available to the town, including the many residents of our town who, on a volunteer basis, bring valuable skill sets to our town government and, in doing so, make our town and town government so much better.  I always appreciative  for their assistance as they help me do my job better.

●    Exercising Independent Judgment.  I strongly believe that independent thinking makes the Town of Medfield government better government for the residents and that discussion and even disagreement can lead to more informed and wiser decision making.  To that end, I have tried always to stay open to new thoughts and ideas and receptive to more or new information that may bring value to the discussion of issues and wisdom to the decision making process.  I have remained committed to my goal of independent thinking and judgment, even when that goals means more work and effort to make an informed, but educated and independent judgment.  As a Selectman, I have found that I often have been asked to offer an opinion on a matter that affects all our citizens.  I always have taken this responsibility of offering an opinion seriously, as I believe that this sometimes is one of the most important ways that a public official affects a political process. While I know that my opinions are just that, “opinions,”  I have always attempted to make those opinions informed, thoughtful, honest, and independent, as I know that some may rely upon them.

●    Exploring New Ideas.  Innovation can be exciting, and one of the aspects of the job of Selectman that is more creative and rewarding is bringing a new idea to the table for discussion and, hopefully, implementation. Over the years, I have brought what I have thought of as some good, new ideas to the table. Some of these ideas have been implemented. Other ideas have not been supported by the Board, but are ideas that I think can and should be re-visited, such as: 1) a Town House e-newsletter published on a volunteer basis; 2) discussion and exploration of whether it makes sense to upgrade the ambulance services from EMT to paramedic services; and 3) creative planning for the town’s affordable housing with exploration of the possible expansion of Tilden Village on the adjoining land, conversion of existing housing stock to affordable housing, and building on town owned land.

●    Asking the Difficult Questions.  I have found that sometimes the job of Selectman has meant that I have had to ask some difficult questions.  Sometimes the questions were difficult because the issues were complex, sometimes because of the interests affected. One example of asking the difficult question was the DPW Garage.  The proposed DPW plan called for a new, approximately $10 million dollar building.  Lots of dollars had been spent to develop plans for this particular DPW building design.  Lots of volunteer hours had been put into review of the DPW plans.  Lots of tax dollars for lots of years would be spent to construct this building.  Lots of tax dollars for lots of years would go to the  maintenance of the building once constructed.  At the time the plan was proposed,  I publicly questioned at Town Meeting and in a letter to the newspaper whether the proper case had been made for a new DPW garage as proposed.  Making the decision to question the DPW plan was not simple.  I recognized the time and effort spent by many volunteers to develop this plan.  I understood that the existing town garage was riddled with problems and deficiencies. Nonetheless, the long term, financial consequences to the residents of Medfield of the proposed, new DPW garage suggested that someone needed to ask the questions about the DPW plan. This was not an easy thing for me to do personally, but it seemed to me to be the right decision as a Selectman.

●    Advocate for the Town and its Citizens.  Sometimes the job of Selectman requires addressing issues that have regional or state implications, and a Selectman needs to engage as both diplomat and well versed advocate on behalf of the town.  I have found that the skills I have honed over the years as a lawyer – advocate, negotiator, mediator – have been of invaluable assistance in such advocacy and diplomacy, as the Medfield State Hospital example demonstrates. Since its closing in about 2002, the hospital has continued to raise environmental and land reuse concerns for our town, and since that time, I have been actively involved with those concerns, studying the issues and investigating possible solutions. This activity necessarily caused me to develop working relationships with commissioners of state agencies and with State Representatives and Senators.  I have approached these relationships as an advocate and a diplomat on behalf of the town, working to protect the town’s interests. I have supported and continue to support the work of town volunteers appointed to monitor the environmental clean up at the hospital site, and I have worked to advocate for the town’s interests in removal of contamination at the hospital site.  The role of advocate can sometimes cross with the role of diplomat, and I have worked to bring the best of both roles to my job as Selectman.

These are some of the efforts I have made on behalf of our town.  I hope that this letter and my forthcoming letters gives you the information you need to cast your vote for my continued leadership as your selectman.  The Medfield municipal election is at The Center on Monday, March 26.  Let the work begun continue!

Sincerely,
Selectman, Osler L. Peterson

MCAP grant proposal

This morning I attended a long Medfield Care About Prevention (MCAP) meeting at Medfield High School at which Dawn Alcott, the director of the Medfield Youth Outreach office, and her team presented their plan to apply for a five year $625,000 ($125,000 a year for five years) federal grant to address substance abuse in Medfield.  The goal would be to change the community culture.

The availability of the grant monies was a recent surprise happening, and as a result the team is scrambling to get the grant application submitted within the next three weeks.  This morning the team filled the twelve required slots on the coalition mandated by the grant.  I was asked to be the representative from a “local … agency with expertise in the field of substance abuse,”  based upon my being a Medfield selectman with a twenty year history as a member of the Riverside Community Care board, including five as its president.  During my tenure with Riverside Community Care, Riverside grew from about a $36,000 per year vendor to the state using borrow state staff into a $30 m. per year community mental health center.  In the fifteen years since I left its board, Riverside has doubled in size.

Medfield Foundation volunteers of the year

What a treat last night to attend the meeting where the Medfield Foundation volunteer of the year were selected.  The variety and depth of the volunteer work that people in Medfield are doing is astonishing, and will knock your socks off when you hear about it.

A great innovation this year thanks to Ellen  Bankert’s suggestion that the youth nominees, who are all Medfield High School students, present what they are doing or have done to an assembly at the Blake Middle School, to educate and inspire the middle school kids about opportunities for service.  I crossed paths with BMS principal Nat Vaughn this morning at a meeting and mentioned that idea to him, and he liked it.  We agreed that it would be great experience for both the high school students who present and for the middle school students who listen.  I suggested that we try to institutionalize the BMS assembly as an annual part of the youth volunteer of the year process.

Gatehouse & town plan meeting

Mike Sullivan told me today that Gatehouse today has asked to meet with the town about its proposed 40B project on West Street.  Mike will be setting up the meeting, and I have been asked to be the representative from the Board of Selectmen to attend.

I asked Mike to look into the availability of using the state grant monies Representative Denise Garlick referenced, to hire a 40B consultant to assist the town with those discussions.  The state consultant list I reviewed last week, of about a dozen approved consultants qualified for these grants, included one the town has used before and whose work we respect, so I suggested that a call to that consultant would probably tell us everything we need to know about how the state grants work.

Re-election – 3/26/12

To my fellow citizens of Medfield,

I am proud, honored, and excited to announce that I am a candidate for re-election as a Medfield  Selectman, and I ask for your vote on March 26.  I have been a Selectman for twelve years, and I truly believe that I am more effective than ever on your behalf.  In the coming weeks, I look forward to discussing with you in some detail what I have done in the past and what I would still like to do.

The job of Selectman is to act as the chief executive of the town and to run the approximately $52 million business that is our town.  While the town does have paid administrators who handle the day to day affairs of the town, the administrators technically work for and report to the Board of Selectmen, and legally the Selectmen are the final decision makers … the place where the buck ultimately stops.

At first glance, the job of Selectman may seem relatively simple and straightforward, but I have found that in order to do this job well, a Selectman needs to have many skill sets, including an  understanding of municipal finance and budgeting, labor relations and collective bargaining,  municipal law, and the state and municipal regulations.  I am proud to report to you that over the last 12 years, I have availed myself of regular educational opportunities to build and hone the many skills required by this job, by regular attendance at Massachusetts Municipal Association seminars, Selectman training, and seminars on municipal issues.

On average, I have spent almost ten hours a week working on Selectman activities during my work week as an attorney, where I track my time.  Outside of the office, I estimate that I spend another ten hours a week on being your Selectman.  Those twenty hours a week are devoted to acting as your eyes and ears at the myriad of municipal meetings needed to make the town run, and then to reporting back to you any useful information that I learn at all those meetings by means of the hundreds of my posts at my blog, https://medfield02052.wordpress.com/, on Twitter (@Medfield), and at  Facebook.

My past goals as your Selectman:  I made the process of our town government more predictable and more transparent; I made you better informed; I strived to make Medfield well run; and I have explored how, and questioned whether, things can or should be done differently – to see if  we can make Medfield even better.

My service has been an honor, and I remain challenged to do more.  I hope that I have earned your trust, your respect, and your vote for my proven leadership, so that the work begun can continue.

Sincerely,
Selectmen, Osler Peterson

40B meeting

Last night I attended the first quarter of Big Blue’s basketball playoff game, and the 40B informational meeting.  There was a huge turn out for the latter, as I would estimate that the Middle School auditorium was half to 2/3 full for the 40B meeting.  The basketball game did have a both a larger and noisier crowd, if not a better outcome.

It was a truly  impressive citizen turn out for the 40B meeting, and I thank all who attended for their interest and commitment to a major town issue.  Town counsel, Mark Cerel, ran the meeting, and was ably assisted by knowledgeable municipal law attorneys Barbara St. Andre of Pettrini Associates of Framingham and former Medfield resident, Jason (Jay) Talerman of Blatman, Bobrowski & Mead, L.L.C. of Millis.

The three attorneys explained and laid out the legal background of 40B, the processes by which 40B projects get permitted, and the options open to towns when presented by a 40B project.  Representative Denise Garlick told the forum that she has no position on the pending 40B, contrary to press reports, and that $15,000 of consultant monies are available by state grant.  She had previously reported to me after her investigation of the grants, that it is “highly likely” that Medfield would get those grant monies if we applied.  In a light moment, attorney Talerman, who grew up in Medfield, said that despite his age that he still had to address his former Medfield High School teacher as “Mr. DeSorgher,” when Richard DeSorgher questioned the validity of arguing against the 40B proposal due to the loss of the industrially zoned land.  Representatives of Gatehouse, the company proposing to build a 96 unit 40B complex on West Street attended, but did not want to address the meeting.

After the attorneys exhausted everyone’s questions about 40B, they turned the podium over to the Board of Selectmen and Bill Massaro for a quick update about the status of the Medfield State Hospital reuse and clean up.  The state is starting up a new feasibility study to determine what uses can be made of the site as part of the fresh look at alternatives, and there continues to be a basic disagreement between the state and the town over whether the clean up of the C & D area waste can be accomplished by the state’s proposed cap and cover versus the town’s suggested removal.

My wife Deb told me this morning that the electronic sign board was still in front of the Town House this morning advertising a 40B meeting “this evening” so perhaps people will show up again tonight.

Next steps –

1 – At the last Board of Selectmen meeting I proposed that the Board of Selectmen initiate the appointment of a resident study committee to look into what the town should be doing about our affordable housing and to report back with a suggested action plan for the town.  Ann and Mark wanted to consider that proposal.  If they do agree to move forward with that idea, then we will be looking for volunteers to serve.

2 – Also, it seems to me that it would be easy to get town agreement on building  a Tilden Village extension on the land next to Tilden Village, so we should start to explore that possibility right away.  The current Medfield Housing Authority board chair and executive director have both expressed a willingness to talk about doing so, and I will reach out to begin discussions with them on how that could be done.

Thermal imaging

Sagewell’s email reports residents will hear back from them in mid-April –

You will be pleased to hear that we have reached some milestones with the Medfield numbers!
601 requests for imaging (previously 592)
and
100 energy assessment requests (previously 96)
As you know we started imaging last week. We have now completed that process, and will begin the analysis. We expect to have the first homes analyzed by around mid-April,and will then start e-mailing residents to let them know that their property reports are ready for viewing online.
Best regards,
 Tim
 Tim D’Souza
Sagewell Inc.

MSH feasibility study starting

DCAM’s Joe Ruhl kindly called me this afternoon to let me know that DCAM is about to proceed with its feasibility study, during which local realtors will be getting calls.  I asked Joe to please follow up on the promise that was made earlier to me personally by Dana Herrell of DCAM, to give Medfield a place at the table in that feasibility study.

I also mentioned to Joe my disappointment that DCAM and Medfield no longer seemed to be working collaboratively on the Medfield State Hospital project.  I mentioned that the Board of Selectmen had vote at our last meeting to retain legal counsel to lay out Medfield’s options in light of our disagreement with the DCAM’s cap and cover clean up proposal.  I suggested that mediation, or our merely talking to each other, might be a much better way to see if we could agree to resolve our different opinions on the best clean up of the Medfield State Hospital C & D site.

Finally, I asked Joe if I was right that our two different clean up solutions cost about $4.1 m. versus $5 m., and I opined that if those numbers were right, that we should somehow be able to bridge such a gap.

DCAM cancels 3/8 PIP meeting

The 2/27 email below from Sandra Durand of DCAM cancelled their PIP meeting scheduled for 3/8 –

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

I wanted to let you know that today, we decided to cancel the March 8th meeting as the draft Phase III required more editing/writing.  We want to make sure that we provide a good readable document and at this point are electing to take the extra time needed to accomplish this.   We will apprise you and the PIP group of our anticipated schedule of delivery of the Final Draft Phase III.  Our next scheduled PIP meeting is on March 22nd.  We will let you know as soon as possible of any change to this schedule.

Formal notification of the March 8thmeeting postponement to the PIP Group will go out tomorrow, February 28, 2012.

Give me a call if you have any questions.

Sandra

Sandra R. Duran

Director of Building Maintenance and Operations

The Commonwealth of Massachusetts

Division of Capital Asset Management

One Ashburton Place, 16th Floor

Boston, Massachusetts 02108

617-727-4050 x454 (telephone)

857-321-0467 (cell)

617-727-5363 (fax)