Monthly Archives: February 2017

Your right to sue if you are injured is under attack

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.’”

AT

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)

 

 

 

 

 

 

 

 

           

 

 

 

 

 

 

ATM warrant articles

town meeting

At our selectmen meeting last night, Mike Sullivan shared his latest draft of the current forty-four annual town meeting (ATM) warrant articles.  I scanned and attached it –  20170221-warrant-articles

The town administration, the Warrant Committee, and the Board of Selectmen are still working through the warrant articles to refine what gets presented to the ATM.  Mike reported that the school budget is now down to a 4.9% increase, which will require an override vote, which would be held after the ATM.  Currently additional articles that will require overrides are implementing advanced life support (ALS) and funding of the Affordable Housing Trust Fund with the suggested $1m.

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3/27 election ballot

ballot-2017

BoS tonight

Just got the agenda – thanks Carol Read –

Tuesday February 21, 2017@ 7:00 PM AGENDA (SUBJECT TO CHANGE) 7:00 PM Aditi Thatte, Jean Mineo and Russell Hallisey Discuss proposed Straw Hat Park sign COMMITTEE APPOINTMENT The Selectmen are requested to vote to appoint Walter Kincaid to the Permanent Building Committee PENDING Review warrant articles Discussion regarding override questions LICENSES AND PERMITS Medfield High School Theatre group requests permission to post signs February 24 to March 10 advertising their performance of the "Wizard of Oz" Medfield Garden Club requests permission to post signs March 12 to March 20 promoting the annual "Art'N Bloom" at the Medfield Public Library INFORMATIONAL ZBA February 9 meeting rescheduled to Monday February 27 regarding Country Estates ZBA Notice of Decision #1298, 1299 Other business that may come before the Board of Selectmen

Town bell

msh-bell

This email came this weekend from the chair of the Medfield State Hospital Building and Grounds Committee, John Thompson, with his photos of the town bell and Lee Chapel at Medfield State Hospital at sunset –

 

I was able to take a close look at our bell today and have identified its maker.  It was made by the Meneely Foundry in Troy, NY in 1896, the year that the Medfield Asylum was opened. See attached. The bell is located at the louver level below the clock.  The clock mechanism is set up for the bell to strike on the hour.

I was also able to see how to ring the bell-very easy. It has a beautiful sound.  Would the committee like to meet together at the Chapel some afternoon for a bell ringing?

Here is a link to information about the Meneely Foundry:    http://bells.danmeneely.com/

The production link is very interesting as is the bell making film under the video and film footage tab.  Medfield is very luck to have this bell. Surely a town treasure.    John

msh-lee-chapel-by-jt

MSH

Signs of spring.