Board Members Medway Town Hall Maryjane White, Chair 155 Village Street Dennis Crowley, Vice-Chair Medway, MA 02053 Frank Rossi, Clerk Telephone (508) 533-3264 John Foresto, Member Fax (508) 321-4988 Glenn Trindade, Member TOWN OF MEDWAY
COMMONWEALTH OF MASSACHUSETTS
SELECT BOARD
Select Board Meeting June 21, 2021 7:00 PM Sanford Hall, Town Hall 155 Village Street Agenda
7:00 PM • Call to order; Recitation of the Pledge of Allegiance • Public Comments
Other Business 1. Approval of Minutes: June 7, 2021 2. Appointment Consideration: Parks Commission – Richard D’Innocenzo 3. Approval: Local Action Unit Application – Balsam Way 4. Approval of Contract with New England Building & Bridge Company, Inc. for West Street Bridge Repair - $439,262.30* 5. Discussion: Proposed Permitting Process for Parks Pavilions 6. Approval of Fiscal Year 2022 Enterprise Indirect Cost Allocations 7. Consideration of Public Event Application: Medway Community Church 5K Road Race – 8/28/2021 8. One-Day Liquor License Applications: a. James Prescott – Thayer Homestead – 7/10/2021 b. Susan Callahan – Thayer Homestead – 7/11/2021 c. Daniel San Clemente – Thayer Homestead – 7/24/2021 d. Michelle Dwyer – Thayer Homestead – 8/7/2021 e. Paula Arsenault – Thayer Homestead – 8/15/2021 f. Meagan Angenete & Alva Wilson – Thayer Homestead – 8/21/2021 9. Action Items from Previous Meeting 10. Assistant Town Manager’s Report 11. Select Board Reports *Revised For more information on agenda items, please visit the Select Board's page at www.townofmedway.org
Upcoming Meetings, Agenda and Reminders July 12, 2021 --- Regular Meeting August 9, 2021 --- Regular Meeting
Members of the public may watch the meeting on: • Medway Cable Access - Channel 11 on Comcast Cable • Medway Cable Access - Channel 35 on Verizon Cable • https://www.facebook.com/medwaycable/ • https://livestream.com/medwaycableaccess/selectboard
AGENDA ITEM
#1 Approval of Minutes: June 7, 2021
Associated back up materials attached. • Draft minutes for June 7, 2021
6-21-2021 Selectmen’s Meeting
1 Select Board Meeting 2 June 7, 2021 – 7:00 PM 3 Sanford Hall 4 155 Village Street 5 6 Present: Glenn Trindade, Chair; Maryjane White, Vice-Chair; Dennis Crowley, Member; John Foresto, 7 Member; Frank Rossi, Member. 8 9 Absent: 10 11 Staff Present: Michael Boynton, Town Manager; Carol Pratt, Finance Director; Sandy Johnston, 12 Communications Director; Stephanie Carlisle, Compliance Coordinator, Department of Public Works; 13 Dave D’Amico, DPW Director; Peter Pelletier, DPW Deputy Director. 14 15 Others Present: Planning and Economic Development Board (PEDB): Andy Rodenhiser, Chair, Bob 16 Tucker, Vice-Chair, Matthew Hayes, Richard Di Iulio, Jessica Chabot; Thomas Gay, Planning and 17 Economic Development Board candidate. 18 19 ********************************** 20 21 At 7:00 PM Mr. Trindade called the meeting to order and led the Pledge of Allegiance. 22 23 Mr. Trindade stated that the Board needed to reorganize relative to the Chair, Vice-Chair, and Clerk 24 positions. 25 26 Mr. Trindade moved that the Board appoint Ms. White as Chair. Mr. Rossi seconded. No Discussion. 27 VOTE: 5-0-0. 28 29 Mr. Trindade moved that the Board appoint Mr. Crowley as Vice-Chair. Mr. Rossi seconded. No 30 Discussion. VOTE: 5-0-0. 31 32 Mr. Trindade moved that the Board appoint Mr. Rossi as Clerk. Mr. Crowley seconded. No 33 Discussion. VOTE: 5-0-0. 34 35 36 Public Comments: Mr. Liam McDermott of 39 Populatic Street reminded all that the 100 Club of 37 Massachusetts fundraiser starts this Friday morning ending at the Esplanade. There are five members 38 on his team who have raised a little over $5,000 noting a family in Worcester will be a recipient. He 39 thanked all for spreading word on this important fundraising event. Mr. Crowley asked if there was a 40 fundraising goal. Mr. McDermott stated they do not have a monetary goal but want to raise awareness 41 of the 100 Club and let families know they still care. He shared the details to access information on this 42 club and its fundraising efforts as follows: (1) 100ClubMass.org/57 Club or (2) 57 for 100 on Facebook. 43 44 Public Hearing (7PM): Discussion/Vote: Fiscal Year (FY) 2022 Water and Sewer Rates 45 The Board reviewed the (1) Water and Sewer Advisory Board’s recommended FY22 Water and Sewer 46 Rates memo from Dave D’Amico, and (2) 2022 Utility Study Results memo from Dave D’Amico. 47 48 Mr. Trindade moved that the Board open the public hearing on the FY22 water and sewer rates. Mr. 49 Crowley seconded. No Discussion. VOTE: 5-0-0.
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50 Mr. Pelletier referenced the memo where the Water and Sewer Advisory Board recommends case 6 51 noting the methodology utilized included: (1) higher FY21 revenue, (2) use of a more 52 conservative/lower water use level using 2019 levels, and (3) collection rates at 94%. He noted this 53 translates to a quarterly increase for Tier 1 of $18. Mr. Boynton noted that we sold a lot of water in the 54 last year due to many residents working from home resulting in a large increase in usage and revenue. 55 He noted that whether this will continue is yet to be seen. He further noted the significant increase in 56 costs relative to the planned new water treatment facility, the Brentwood water main project 57 continuation/completion, as well as the need to address the Lovering Street water tank in the next few 58 years. He stated that we do not like rollercoaster rates so under case 6 using 2019 consumption, there 59 will be an increase over the current rates for Tier 1 and 2 of $2.04. He stated the driving factor is where 60 we want to be for the rate payers. Ms. White noted the increase would be approximately $80 per year. 61 Mr. Foresto asked if costs are calculated using all capital costs and operational expenses in one bucket. 62 Mr. Boynton confirmed noting this includes fixed costs and variable costs with the fixed costs including 63 salaries, expenses, and projected debt. Mr. Foresto noted that with the heavy capital intensity over the 64 next few years, we are making the higher usage user pay for that. Mr. Boynton stated he was not aware 65 of a more equitable way of paying other than a user fee. Mr. Foresto stated a flat rate across all users 66 for fixed costs would be a more equitable alternative. Ms. Pratt stated that was how this was done in 67 the past. Mr. Trindade and Mr. D’Amico stated the seniors complained when the flat rate was in place. 68 There was further discussion about the equitable alternative of charging across all tiers versus the higher 69 usage tiers. Mr. Foresto asked if the capital costs for all new piping is included as well as the related 70 street work. Mr. Boynton confirmed the piping was included but only a portion of the road costs. He 71 stated there are additional mitigating factors including the 39 Main Street project that will add $1 72 million to this budget, as well as the influx of COVID funds, potentially over $3 million with very limited 73 expenditure opportunities which include water, sewer, and broadband. He stated the ultimate variable 74 long term will be the annual operating cost of the water treatment facility noting that he anticipates 75 FY24 will be another changeable year. Mr. Crowley stated that generally he wants to build up reserves, 76 but he is not in favor of option 6 and prefers option 5, which is a smaller increase at $50 for next year. 77 He explained his reasoning for his preference of option 5 including: (1) referring to the option 5 78 spreadsheet noting the reduction in revenue of $185,000. Ms. Pratt noted that was an error of including 79 that number. Mr. Crowley pointed out that number would then fall to the reserves increasing those 80 reserves, (2) consumption based on 2019. We can’t say in 2022 we are not going to use more water than 81 in 2019. Those are two items that will increase the revenue, (3) carrying the bond rate of 2.9% is a bit 82 high; Ms. Pratt stated we should be able to get 2% rate. Mr. Crowley noted that is substantially higher 83 and we are being overly conservative, and lastly, (4) he asked if the Oakland Street portion of the project 84 would really be done in FY22. Mr. D’Amico stated calendar 2022 not FY22. Mr. Crowley noted that we 85 have the premium for that bond baked into FY22, never borrowed $672,000 in FY21, and asked if both 86 these costs are reflected in these calculations. Ms. Pratt stated those bonds were calculated into these 87 numbers. Mr. Crowley requested that she show him off-line where those are included. He stated that 88 we have well over half a million that will fall to reserves so he would prefer to go with option 5. He also 89 stated we anticipate 550-600 new homes in town over the next few years, which adds a potential 90 $400,000 in additional revenue. He reiterated that he feels we could go with option 5. Mr. Trindade 91 asked for the anticipated cost of the water treatment plant. Mr. Pelletier stated $16 million. Mr. 92 Trindade noted that construction costs historically go up quickly and his concern that if we go with 93 option 5 we will get hit harder down the road. He also stated a lot of the new housing will be 94 apartments so he does not think the usage will be what Mr. Crowley anticipates. Mr. Crowley stated the 95 difference between option 5 and 6 is minimal. There was further discussion about the impact on future 96 construction costs as well as option 5 versus option 6 and the impact of the revenue surplus on the 97 ability to pay down principal on borrowings to decrease debt. Mr. Crowley thinks we may end up 98 putting twice as much in reserves with option 6 and feels that residents would rather have the discount
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99 now. Mr. Foresto stated that both engineering firms noted that we will not get this year’s prices next 100 year for the water treatment facility due to the increasing costs of labor and materials. Mr. Crowley 101 stated his concern that when this was last discussed, the cost was $10 million and now we are up to $18 102 million. Mr. Foresto stated that Medfield’s low bid came in at $9.1 and the high bid came in at $10.2. 103 He noted that our planned facility is much larger in size. Mr. Trindade stated we also added the 104 potential to address per- and polyfluoroalkyl substances (PFAS). Mr. Crowley noted that we are building 105 in capacity to deal with that problem noting the State cutoff is 25 parts per trillion while we at 10 parts 106 per trillion. There was further discussion that we don’t know what the Town’s PFAS levels are as we 107 have not been continually measuring it, as it fluctuates greatly. Mr. Rossi stated the difference between 108 option 5 and 6 is a pay now or pay later scenario. Mr. D’Amico stated the water treatment facility is 109 currently at a conceptual point so the cost estimate is dollars per square foot so there is a large range in 110 fees. He reiterated that the Water and Sewer Advisory Board thought it was better to go conservative 111 as it looks like we need to raise rates next year. Ms. White asked for any public comments. Mr. 112 Rodenhiser stated that residents want clean water at any cost being judicious on how do it. He reported 113 that presently, his business gets weekly cost increases, and anything imported is very delayed. 114 115 Mr. Trindade moved that the Board close the public hearing on the FY22 water and sewer rates. Mr. 116 Foresto seconded. No Discussion. VOTE: 5-0-0. 117 118 Mr. Trindade moved that the Board approve the FY22 water rates case number 6 as discussed. Mr. 119 Foresto seconded. No Discussion. VOTE: 4-1-0. Mr. Crowley voted against. 120 121 Mr. Trindade moved to approve the Sewer rates with no change. Mr. Foresto seconded. No 122 Discussion. VOTE: 5-0-0. 123 124 Reconsideration/Approval of Minutes: 125 • Reconsideration of May 3, 2021 126 • Approval of May 17, 2021 127 The Board reviewed the (1) proposed amendment excerpt of May 3, 2021 minutes, (2) e-mail request 128 from Susan Dietrich to amend May 3, 2021 minutes, and (3) draft minutes of May 17, 2021. 129 130 Mr. Trindade moved that the Board approved the minutes of May 3, 2021. Mr. Boynton stated that 131 School Committee Chair Dietrich requested to amend the May 3, 2021 minutes to reflect the correct 132 date of the School Committee meeting of February 25, 2021. Mr. Trindade rescinded this motion. 133 Mr. Foresto moved that the Board approve to amend the minutes of May 3, 2021 as presented. Mr. 134 Crowley seconded. No discussion. VOTE: 5-0-0. 135 136 Mr. Foresto moved that the Board approve the minutes of May 17, 2021. Mr. Trindade seconded. No 137 discussion. VOTE: 5-0-0. 138 139 Appointment Considerations: 140 • Planning and Economic Development Board (PEDB) Associate Member – Thomas Gay 141 • Municipal Facility Study Committee – Mark Robinson 142 The Board reviewed (1) candidates’ statements of interest, (2) PEDB’s recommendation. 143 144 Mr. Rodenhiser stated that the PEDB approved Mr. Gay’s appointment at their last meeting. 145 146 Mr. Trindade moved that the Board appoint Mr. Gay as an associate member of the PEDB for a term 147 expiring on June 30, 2022. Mr. Foresto seconded. No discussion. VOTE: 5-0-0.
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148 149 Mr. Robinson explained his background and committee interest noting he has been in facilities 150 management for over thirty years, strictly in healthcare, has a lot of knowledge of commercial building 151 systems, and has been a Medway resident his entire life. Mr. Trindade stated he reviewed his resume 152 noting it was stellar. 153 154 Mr. Trindade moved that the Board appoint Mr. Robinson as to the Municipal Facility Study 155 Committee for a term expiring upon completion of the final report. Mr. Crowley seconded. No 156 discussion. VOTE: 5-0-0. 157 158 Authorization to Expend Grant Funds: MassEVIP Public Access Charging Grant Program - $32,357 and 159 Approval of Contract with Voltrek LLC for Installation of Two Electronic Vehicle Charging Stations - 160 $37,715 161 The Board reviewed the (1) memo from Stephanie Carlisle, (2) grant expenditure authorization form, (3) 162 notice of grant award letter, and (4) Voltrek contract. 163 164 Ms. Carlisle stated the plan is to install two charging stations, one at Choate Park and one at Oakland 165 Park, noting the installation and equipment was funded through MassEVIP through MassDEP. She noted 166 the contract was awarded to the lowest bidder for the network license to make them smart stations. 167 Ms. White asked if we will be charging the same for these as for the others. Ms. Carlisle confirmed. Mr. 168 Crowley noted that as of the last report, we were just breaking even and would like the Board to 169 consider revisiting these charges after installation should there be a need to adjust these rates. Mr. 170 Crowley noted there is a cost to the Town of $5,300 and asked where this funding was coming from. 171 Ms. Carlisle stated the DPW fleet account. 172 173 Mr. Trindade moved that the Board authorize the expenditure of the MassEVIP Public Access Charging 174 Grant Program grant and authorize the Chair to execute the contract with Voltrek LLC as presented. 175 Mr. Crowley seconded. No discussion. VOTE: 5-0-0. 176 177 Approval of Fiscal Year (FY) 2022 Enterprise Indirect Cost Allocations 178 The Board reviewed the proposed FY22 enterprise indirect cost allocations document. 179 180 Mr. Boynton stated this agenda item will be moved to the next Select Board meeting. 181 182 Presentation by KP Law: New Housing Choice Provisions—Need from Judith Cutler of KP 183 The Board reviewed the (1) e-update from KP Law, dated February 1, 2021, (2) guidance from Executive 184 Office of Housing and Economic Development, and (3) Chapter 358 of the Acts of 2020, Sections 16-25, 185 Amending the Zoning Act, G.L. c. 40A 186 187 Mr. Boynton stated he requested a 30,000-foot view of what this new legislation means to Medway be 188 presented to the Board as the new law has a major impact on communities. He noted that we did a lot 189 of work to reach 10% in affordable housing to obtain Safe Harbor status and is interested in how this 190 new law impacts 40Bs. He introduced Ms. Cutler who will address the direct impacts on Medway. Ms. 191 Cutler stated the Housing Choice law is a lot of language that does not require towns to do much noting 192 the intent of the law is to open doors for more housing and economic development and make it easier 193 for certain types of developments to be implemented. She reported that the Department of Housing 194 and Community Development (DHCD) was tasked with developing guidelines for this law, and they have 195 yet to begin on these guidelines, therefore, there is no need for any action at this time. She then 196 described the four elements impacted by this new law including: (1) changes of the quantum of vote
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197 requirements lowered for certain types of zoning amendments and then explained the specific 198 instances, (2) changes to the quantum of vote requirements reduced for certain special permits and 199 then explained the specific instances, (3) new zoning requirements for MBTA communities, of which 200 Medway is one, where there must be a zoning ordinance or by-law that provides for at least one district 201 of reasonable size in which multi-family housing is permitted as of right and explained the related 202 specifics, and (4) new zoning terms expressly defined at the State level, noting these definitions may not 203 be in concert with those of towns. She reiterated that there is no deadline for adoption but, until 204 adopted, it will limit the Town’s eligibility for certain grant funds. She stated now is the stage for 205 planning the implementation and working with DHCD to confirm their concept as well as looking at 206 those regulations relative to Smart Growth developments. She noted the type of growth this law is 207 intended to incentivize is the town center kind of density nearby to public facilities with the need to look 208 at where this density can be accommodated and in what circumstances. She noted that this does not 209 compete with 40B in any way as there are no specific implementation requirements. This is an 210 opportunity for towns to develop this the way they want noting all that would be needed is a simple 211 majority vote for amendment to the by-law to allow multifamily housing and mixed-use development in 212 an eligible location close to center of town. She noted that a lot of communities have mixed 213 development, multifamily housing, and accessory use dwelling terms which are defined very differently 214 in each town. There will be a need to match the Town’s definition to the new law, as that is what 215 impacts the change in quantum from 2/3 versus majority vote. Mr. Trindade asked if the Attorney 216 General would determine if the State terminology superseded the Town’s terminology. Ms. Cutler 217 stated the State has a recommended process and the Town should be advised by both DHCD and Town 218 Counsel to determine if this should be a 2/3 versus majority vote. She noted that the State guidance 219 requires a petitioner to justify why this development requires a simple majority vote and that the PEDB, 220 during a public hearing, would determine if this is a 2/3 or majority vote and make that 221 recommendation at Town Meeting. She noted that most towns are being very careful in their analyses 222 of this. She then reviewed the specific scenarios impacted by simple majority vote amendments 223 including: (1) allowance of multifamily housing or mixed-use development in eligible locations by 224 special permit, (2) an increase in the permissible density of population or intensity of a particular use in 225 a multifamily or mixed-use development, (3) accessory dwelling units in a detached structure on the 226 same lot or a reduction in the amount of parking required in a residential or mixed use development in 227 order to allow more housing units, and (4) a zoning or by-law amendment that alters height, bulk, 228 setbacks, parking, building coverage allowing for additional housing units beyond what could normally 229 be allowed, all of which are based on terminology defined in this law. She then noted that for the 230 Zoning Board of Appeals (ZBA) and PEDB this impacts special permits noting the law is very specific on 231 which permits only require a majority vote including: (1) multifamily housing located within half a mile 232 of a rail, bus, ferry station, (2) mixed-use development, and (3) in centers of commercial activity within 233 the Town including town centers and other commercial districts. Mr. Boynton asked if these types of 234 projects come before the PEDB is it their decision regarding the majority vote or is that determined by 235 the new law. Ms. Cutler stated the Town zoning by-law defines mixed-use development in a certain way 236 and if it does not match up significantly with the new State definition, there is no simple majority vote 237 involved. The Town would have to show that the Town’s definition is the same as the one defined in the 238 Zoning Act. Mr. Boynton asked if the new law is allowing the Town through the PEDB to adjust the 239 zoning by-law, the law does not change the quantum vote but provides the PEDB the ability to do so. 240 Ms. Cutler confirmed. Mr. Boynton stated the portion that does affect Medway is relative to the 241 requirement that an MBTA designated town must define a district for multifamily housing by right. Ms. 242 Cutler confirmed. Mr. Rodenhiser stated it looks like there are two places where we currently have a 243 situation where changes need to occur to zoning to make it match the statute and he is thinking 244 potentially that would be Glen Brook and 39 Main Street as both have the density to address this. Mr. 245 Crowley asked how that would benefit the Town. Mr. Rodenhiser said we would meet the statutory
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246 requirements, which would allow access to specific grant funding. Mr. Rodenhiser also stated we could 247 look at our central business district but would need to assess what we currently have in place compared 248 to the current law. Mr. Boynton stated if we rezone either Glen Brook or 39 Main Street we need to 249 ensure that we do not run afoul of any spot zoning issue. There was further discussion about the impact 250 of not addressing this zoning or addressing it in a way that could potentially negatively impact the Town. 251 Mr. Trindade asked if the Town’s mixed-use definition of the central business district is close to what is 252 in the statute. Mr. Gay stated the PEDB has yet to review these new definitions. Mr. Rodenhiser stated 253 the PEDB must compare the Town’s current definitions to this new law. Ms. Cutler stated that there is 254 no requirement that Towns change their zoning by-laws to match the State and this only impacts MBTA 255 communities. Mr. Rodenhiser stated our current process is a special permit for a multifamily 256 development and to look at that area for density. He further stated that he feels the PEDB has been 257 progressive noting the State is talking about raw density and trying to drive up that type of housing. Ms. 258 Cutler clarified that the State wants a by right multifamily housing within half a mile of an MBTA station 259 if at all possible/practical. There was further discussion on the potential eligible locations and possibility 260 of requesting an added MBTA stop. Mr. Di Iulio asked about the possibility of creating an overlay district 261 in the Glen Brook and 39 Main Street area that is larger than those parcels. Mr. Rodenhiser stated he 262 believes that achieves same thing. Mr. Tucker stated the need of the PEDB to look at the statute and 263 have further discussion noting that both of those areas are two good options to further investigate. Mr. 264 Trindade then explained the specifics of both projects. There was further discussion regarding rezoning 265 the 39 Main Street project and the efficacy of this meeting the new statutory requirements. Ms. Saint 266 Andre stated her belief that a development like 39 Main Street would fulfill the statutory requirement. 267 Mr. Hayes asked what the affordable housing requirement is under new statute. Ms. Cutler stated the 268 multifamily development would require 10% of the units as affordable housing at the 80% median 269 income level along with an affordable restriction put on them for thirty years. Ms. Chabot stated the 270 requirement is 15 units per acre but asked if the PEDB can still set other requirements like minimal 271 parcel sizes, height restrict, etc. Ms. Cutler confirmed noting it is just a by right and not a special permit. 272 Mr. Gay asked if once the central business district is maxed at a commercial level, which was the original 273 plan, could we then build onto it with this designation. Ms. Cutler confirmed as long as the multifamily 274 is treated as by right. Mr. Crowley asked if we anticipate a lot of PEDB articles coming up in November 275 caused by this. Mr. Rodenhiser stated a least a couple. Ms. Saint Andre reminded all that we now have 276 mixed-use development, our own version, can just keep them, do not have to change them based on 277 this statue, and can wait until we have the DHCD guidelines, which are not out yet. Mr. Rodenhiser 278 stated his preference to wait for the DHCD guidelines. Ms. Cutler agreed stating the only issue to be 279 addressed is one multifamily type. She stated there is one bizarre change, which is the definition of a 280 lot, which is different in every town and was never defined before. She noted that the applicable 281 definition would default to the State. She stated that the PEDB should look at this definition as well. 282 Ms. Chabot asked what the penalty would be should the PEDB decide not to comply. Ms. Cutler stated if 283 an applicant comes into Town to use this definition, they could go to court to force the Town to adopt 284 the zoning. 285 286 Annual Appointments 287 The Board reviewed the (1) list of incumbents who have requested reappointment, and (2) Fiscal Year 288 2021 attendance records for the Affordable Housing Committee, Affordable Housing Trust, Agricultural 289 Committee, Board of Assessors, Capital Improvement Planning Committee, Community Preservation 290 Committee, Conservation Commission, Council on Aging, Historical Commission, Medway Cultural 291 Council, Medway Pride Day Committee, Memorial Committee, and Zoning Board of Appeals. 292 293 Mr. Boynton stated Ms. Langley compiled the reappointment list along with the Board and Committee 294 attendance.
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295 296 Mr. Foresto moved that the Board appoint the incumbent board and committee members as listed on 297 the meeting agenda. Mr. Trindade seconded. No Discussion. VOTE: 5-0-0. 298 299 Discussion: Select Board Fiscal Year (FY) 2022 Meeting Schedule 300 The Board reviewed the proposed FY22 meeting schedule. 301 302 Mr. Foresto moved that the Board approve the FY2022 Select Board meeting schedule as presented 303 with the change of June 20, 2022 to June 21, 2022. Mr. Trindade seconded. No discussion. VOTE: 5- 304 0-0. 305 306 Discussion: Select Fiscal Year (FY) 2022 Board Liaison Positions 307 The Board reviewed the proposed Select Board Liaison Positions. 308 309 Mr. Rossi requested to liaison with the Finance Committee instead of the Parks Commission. Mr. 310 Crowley made this switch with Mr. Rossi. 311 312 Discussion/Vote: Policy on Continuation of Remote Participation 313 The Board reviewed the (1) e-mail from Town Counsel, Mark Reich, (2) March 10, 2020 Governor’s Order 314 Suspending Certain Provisions of Open Meeting Law, and (3) May 28, 2021 Governor’s Order 315 Terminating March 10, 2020 Order. 316 317 Mr. Boynton stated we will have reached the end of the State of Emergency as of June 15th and the law 318 reverts to pre-Covid status as far as remote participation of meetings. The legislature is taking up the 319 topic to allow this to continue but this has not been finalized. Some Boards and Committees have 320 requested to still continue with Zoom. He noted that as of June 15th, the majority of a Board or 321 Committee must attend in person stating Zoom created a lot of work for Medway Cable and others. The 322 Board agreed that in-person discussions/meetings should resume effective June 15th. Mr. Boynton 323 stated we will advise all appointed Boards and Committees that the Select Board policy is that all are 324 expected to have in-person meetings effective June 15th. He noted that the PEDB and Board of Health 325 are elected Boards. He reminded all that after June 15th, the law requires a quorum in person unless the 326 legislature extends the allowance of remote participation. 327 328 Mr. Trindade moved that the Board vote to advise all Boards and Committees to return to in-person 329 meetings as of June 15th as discussed. Mr. Foresto seconded. No discussion. VOTE: 5-0-0. 330 331 Vote: Rescind Select Board Emergency Declaration of March 16, 2020 332 The Board reviewed the emergency declaration of March 15, 2020. 333 334 Mr. Boynton stated the need to rescind the emergency declaration of March 16, 2020. 335 336 Mr. Crowley moved that the Board rescind the emergency declaration of March 16, 2020, as 337 discussed. Mr. Trindade seconded. No discussion. VOTE: 5-0-0. 338 339 One-Day Liquor License Applications: 340 • Stephanie McMullin – Thayer Homestead – 6/12/2021 341 • Kristen Rice – Thayer Homestead – 6/17/2021 342 • Mary Weafer – Thayer Homestead – 6/25/2021 343 • Stephanie Martins – Thayer Homestead – 6/27/2021
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344 • Lorraine Hall – Thayer Homestead – 7/9/2021 345 • Nancy Newman – Thayer Homestead – 7/25/2021 346 • Lauren Alessi – Thayer Homestead – 7/30/2021 347 • Sean Peplinski – Thayer Homestead – 7/31/2021 348 The Board reviewed the Police Lieutenant’s recommendations for Stephanie McMullin, Kristen Rice, Mary 349 Weafer, Stephanie Martins, Lorraine Hall, Nancy Newman, Lauren Alessi, and Sean Peplinski. 350 351 Mr. Trindade moved that the Board approve the one-day liquor applications as presented subject to 352 the Police Lieutenant’s recommendations and proof of appropriate insurance coverage. Mr. Foresto 353 seconded. No discussion. VOTE: 5-0-0. 354 355 Action Items from Previous Meeting 356 The Board reviewed the (1) action items dated May 17, 2021, and (2) Water Treatment Facility updated 357 project timeline. 358 359 This agenda item was not addressed. 360 361 Town Manager’s Report 362 There were no items for the Board to review. 363 364 COVID Update: 365 • Funding - Mr. Boynton stated we are still watching for a new level of funding. He noted that we 366 have received 50% of the $1.4 million and in 6 months the second 50% is planned to be 367 distributed. There is a second sum due from Norfolk County which is still investigating 368 how/what will be passed along to each of the towns including should they send the funds to the 369 State who would then disburse to the towns or disburse directly to the towns. He stated that 370 we have no plan to expend any of these funds. He commended Ms. Pratt on her phenomenal 371 job identifying appropriate expenditures as well as seeking reimbursements. He noted that our 372 COVID expenditures are far less now noting the need for a more global plan before planning on 373 expending any further funds. Mr. Crowley stated that he thought saw that Norfolk County has 374 $3-$3.5 million for reimbursing to Medway and asked about the breakdown of the $3.8 million 375 total to Medway that was previously discussed. Mr. Boynton stated $1.4 million from the CARES 376 Act plus the amount anticipated from Norfolk County would equal the $3.8 million. Mr. Crowley 377 stated that Norfolk County received $187 million. 378 379 Community Farm Lease – Authorization for Solar – Grant Application: Mr. Boynton stated they are 380 applying for a grant to allow solar to be placed on farm. Since the property is under the control of the 381 Select Board, the Board would need to approve and support that grant process. Mr. Crowley requested 382 that we confirm that they would comply with the newest zoning just past at Annual Town Meeting. Mr. 383 Boynton confirmed noting that ground mounted solar is granted through the PEDB via a special permit. 384 385 Mr. Trindade moved that the Board grant the Community Farm the approval to proceed with the solar 386 project. Mr. Rossi seconded. VOTE 5-0-0. 387 388 BESS Review Process: 389 • Funding Source – Exelon 390 • Special Legal Counsel – BCK Law 391 • Financial Mechanisms Review – Sansoucy (Glenn Walker)
Select Board – Public Session – June 7, 2021 8
392 393 Mr. Boynton stated that he would like to use the same consultants for this project that were used for 394 Exelon relative to the Host Community Agreement (HCA) and Payment in Lieu of Taxes (PILOT). 395 Specifically, Jeff Bernstein of BCK Law for the HCA and Glenn Walker of Sansoucy, LLC for the PILOT. He 396 would like to not exceed $12,000 for the PILOT analysis noting that Jeff Bernstein would charge time and 397 materials for the HCA as he did with the Exelon project. He stated that the technology energy funds 398 from Exelon of $70,000 are available for the costs associated with both these endeavors. He is 399 requesting authorization to engage Sansoucy, LLC at $12,000 for the energy piece up front. 400 401 Mr. Trindade moved that the Board vote to retain Jeff Bernstein of BCK Law as special counsel for the 402 battery energy storage system (BESS). Mr. Rossi seconded. VOTE-5-0-0 403 404 Mr. Trindade moved that the Board authorize the Town Manager to retain Glenn Walker of Sansoucy, 405 LLC for the purpose of PILOT investigation in an amount not to exceed $12,000. Mr. Rossi seconded. 406 Vote-5-0-0. 407 408 Mr. Trindade moved that the Board authorize the use of Exelon funds for the purposes just voted. 409 Mr. Rossi seconded. VOTE: 5-0-0. 410 411 DPW Leadership Changes: Mr. Boynton congratulated Dave D’Amico on his successful career as DPW 412 Director noting that we will retain his expertise for a few hours weekly over the next year. He then 413 congratulated and presented Pete Pelletier as the new DPW Director. He stated the new DPW Deputy 414 Director, Sean Harrington, is from Needham and will be starting on July 1st. He then wished Rich 415 Kearnan all the best on his retirement and announced Nolan Lynch as the new highway superintendent. 416 He commended Mr. Pelletier in his role as Deputy Director. He then thanked Steve Carew and Julie 417 Harrington for getting the splash pad up and running prior to this heatwave. 418 419 Town Manager Out of the Office: Mr. Boynton stated he will be out of the office as follows: 420 • June 14 – June 25th - Vacation 421 422 NEXT Regular Select Board Meeting – Monday, June 21, 2021. 423 424 Select Board’s Reports 425 There were no items for the Board to review. 426 427 Mr. Foresto stated there was a lot of discussion at the last meeting of the Water Treatment Facility 428 Committee regarding how to fund the project. They are putting a list together of funding opportunities. 429 430 Mr. Crowley stated there were 154 Medway High School seniors who graduated this weekend and 431 congratulated them, Superintendent Pires, as well as his staff on the event. He asked if we have had a 432 response from the attorney of the bottle cap lots. Mr. Boynton stated we have not. He asked if we have 433 received the federal census numbers back. Mr. Boynton stated no, and he does not know when they 434 will be provided. Mr. Crowley reminded all that the affordable housing applications for Glen Brook close 435 on June 18th. Seventy percent of these units are set aside for Medway residents and they have only 436 received 20 resident applications to date. He noted there was confusion on the cost stating that a 1 437 bedroom allows a yearly income of under $52,000. Mr. Crowley commended Mr. Trindade in his role of 438 Select Board Chair noting it was a tough year and he worked very hard this past year. He thanked him 439 for all his time and effort, as well as his efforts outside of the Board. 440
Select Board – Public Session – June 7, 2021 9
441 Mr. Trindade stated there have been 350 applications for Glenn Brook noting most are non-residents. 442 He spoke with Superintendent Pires requesting this information be disseminated via the schools. Ms. 443 Johnston stated there is a video that was done that she will continue to release to the public. 444 445 Mr. Rossi stated he is very happy to be seated at the table. 446 447 Ms. White commended Crossing Guard Cheryl Goodspeed on her efforts at the Medway Middle School 448 each day. 449 450 At 9:06 PM, Mr. Trindade moved to adjourn. Mr. Foresto seconded. VOTE: 5-0-0. 451 452 453 454 Respectfully submitted, 455 Liz Langley 456 Executive Assistant 457 Town Manager’s Office
Select Board – Public Session – June 7, 2021 10 AGENDA ITEM
#2 Appointment Consideration: • Parks Commission – Richard D’Innocenzo
No associated back up materials.
Proposed Motion:
I move that the Board appoint Dr. D’Innocenzo to the Parks Commission for a term expiring on June 30, 2022.
6-21-2021 Selectmen’s Meeting AGENDA ITEM
#3 Approval: Local Action Unit Application – Balsam Way
Associated back up materials attached. • Memo from Ann Sherry, Affordable Housing Trust Chair • Local Initiative Program (LIP) Application for Local Action Units (LAU) • Outreach Plan for Balsam Way • LAU Application.
Proposed Motion:
I move that the Board authorize the Chair to execute the Balsam Way Local Action Unit application as presented.
6-21-2021 Selectmen’s Meeting Medway Town Hall
155 Village Street Ann Sherry, Chair AH Trust Medway, MA 02053 Glenn Trindade, Trust Telephone (508) 533-4922 Judi LaPan, Trustee, Committee Cell (774) 292-1456 John Parlee, Trustee, Committee TOWN OF MEDWAY Email: [email protected] Jack Wolfe, Trustee, Committee www.townofmedway.org Jacqueline Johnson, Committee COMMONWEALTH OF MASSACHUSETTS
AFFORDABLE HOUSING COMMITTEE
AFFORDABLE HOUSING TRUST
June 9, 2021
Glenn Trindade, Chair Select Board Town Hall Medway MA 02053
Dear Glenn,
I have been duly authorized by unanimous vote of the Trustees at their 6/2/2021 meeting to use my discretion to review, approve and recommend that the Select Board’s support the attached 6 Balsam Way Local Action Unit application to the Massachusetts Department of Housing and Community Development for Subsidized Housing Inventory recognition of said unit. Accordingly, I hereby respectfully recommend upon my review and approval of the documents, that the Select Board authorize you as chair to likewise sign the application as approved.
Thank you for your consideration of this matter.
Sincerely,
Ann M. Sherry Chair LOCAL INITIATIVE PROGRAM APPLICATION FOR LOCAL ACTION UNITS
Introduction
The Local Initiative Program (LIP) is a state housing initiative administered by the Department of Housing and Community Development (DHCD) to encourage communities to produce affordable housing for low- and moderate-income households.
The program provides technical and other non-financial assistance to cities or towns seeking to increase the supply of housing for households at or below 80% of the area median income. LIP-approved units are entered into the subsidized housing inventory (SHI) pursuant to Chapter 40B.
Local Action Units (LAUs) are created through local municipal action other than comprehensive permits; for example, through special permits, inclusionary zoning, conveyance of public land, utilization of Community Preservation Act (CPA) funds, etc.
DHCD shall certify units submitted as LAUs if they met the requirements of 760 CMR 56.00 and the LIP Guidelines, which are part of the Comprehensive Permit Guidelines and can be found on the DHCD website at www.mass.gov/dhcd.
To apply, a community must submit a complete, signed copy of this application to:
Department of Housing and Community Development 100 Cambridge Street, Suite 300 Boston, Massachusetts 02114 Attention: Rieko Hayashi, Program Coordinator
Telephone: 617-573-1426 Email: [email protected]
Updated January 2016 -1-
Community Support Narrative, Project Description and Documentation
Please provide a description of the project, including a summary of the project’s history and the ways in which the community fulfilled the local action requirement.
This affordable dwelling unit is authorized by a special permit from the Medway Planning and Economic Development under the Town’s Multi-Family Housing provisions of its Zoning Bylaw, Section 5.6.4 The affordability requirement is pursuant to Section 8.6 of the Bylaw. The decision was issued April 7, 2020.
Signatures of Support for the Local Action Units Application
Chief Executive Officer: Signature:______defined as the mayor in a city and the board of selectmen in a town, unless some other Print Name: Maryjane White, Chair municipal officer is designated to be the chief executive officer under the provisions Select Board of a local charter Date:______
Chair, Local Housing Partnership: Signature: ______(as applicable) Print Name: Ann M. Sherry, Chair Affordable Housing Trust
Date: June 14, 2021
Updated January 2016 -2-
Municipal Contact Information
Chief Executive Officer Name Maryjane White Address Medway Town Hall, 155 Village Street, Medway, MA 02053 Phone 508-533-3200 Email [email protected]
Town Administrator/Manager Name Michael Boynton Address Medway Town Hall, 155 Village Street, Medway, MA 02053 Phone 508-533-3200 Email [email protected]
City/Town Planner (if any) Name Susan Affleck-Childs Address Medway Town Hall, 155 Village Street, Medway, MA 02053 Phone 508-533-3291 Email [email protected]
City/Town Counsel Name KP Law Address 101 Arch Street, Boston, MA 02110 Phone 617-556-0007 Email [email protected]
Chairman, Local Housing Partnership (if any) Name Ann Sherry, Chair, Medway Affordable Housing Trust Address Medway Town Hall, 155 Village Street, Medway, MA 02053 Phone 774-292-1456 Email [email protected]
Community Contact Person for this project Name Doug Havens, Community Housing Coordinator Address Medway Town Hall, 155 Village Street, Medway, MA 02053 Phone 774-292-7456 Email [email protected]
Updated January 2016 -3-
The Project
Developer Name Maria Varrichione/Broken Tree, LLC, P.O. Box 5, Medway, MA 02053 Address Six Balsam Way, Medway, MA 02030 Phone 508-561-6048 Email [email protected]
Is your municipality utilizing any HOME or CDBG funding for this project? Yes X No
Local tax rate per thousand $17.46 for Fiscal Year 2021
Site Characteristics
# of Units Proposed Project Style Total # of Units for LAU Certification Detached single-family house ______Rowhouse/townhouse 6 1 Duplex ______Multifamily house (3+ family) ______Multifamily rental building ______Other (specify) ______
Unit Composition
Type of Unit: # of Units # of # of Gross Livable Proposed Proposed BRs Baths Square Square Sales Condo Fee Condo Ownership Feet Feet Prices/ Fee Simple Ownership Rents Rental
Affordable: 1 2 2 ½ 1706 $270,000 $300.00
Market: 2 2 2 ½ 1706 $300.00 3 3 2 ½ 2100 $300.00
Updated January 2016 -4-
Please attach the following documents to your application:
1. Documentation of municipal action (e.g., copy of special permit, CPA funds, land donation, etc.)
2. Long-Term Use Restrictions (request documents before submission):
For ownership projects, this is the Regulatory Agreement for Ownership Developments, redlined to reflect any proposed changes and/or the model deed rider.
For rental projects, this is the Regulatory Agreement for Rental Developments, redlined to reflect any proposed changes.
For HOME-funded projects, this is the HOME covenant/deed restriction. When attaching a HOME deed restriction to a unit, the universal deed rider cannot be used.
3. Documents of Project Sponsor’s (developer’s) legal existence and authority to sign the Regulatory Agreement:
• appropriate certificates of Organization/Registration and Good Standing from the Secretary of State’s Office
• mortgagee consents to the Regulatory Agreement
• trustee certificates or authorization for signer(s) to execute all documents
4. For Condominium Projects Only: The Condominium Master deed with schedule of undivided interest in the common areas in percentages set forth in the condominium master deed
5. For Rental Projects Only: A copy of the Local Housing Authority’s current Utility Allowances
6. Massachusetts Environmental Policy Act (MEPA) environmental notification form (ENF) – for new construction only (request form before submission)
7. Affirmative Fair Marketing and Lottery Plan, including:
• ads and flyers with HUD Equal Housing Opportunity logo • informational materials for lottery applicants • eligibility requirements • lottery application and financial forms • lottery and resident selection procedures • request for local preference and demonstration of need for the preference
Updated January 2016 -5- • measures to ensure affirmative fair marketing, including outreach methods and venue list • name of Lottery Agent with contact information
See Section III of the Comprehensive Permit Guidelines at www.mass.gov/dhcd and search for LIP 40B Guidelines for more information.
PLEASE CONTACT RIEKO HAYASHI OF OUR OFFICE AT 617-573-1426 IF YOU HAVE ANY QUESTIONS.
Updated January 2016 -6- OUTREACH PLAN – MARKETING PLAN – 6 BALSAM WAY, MEDWAY, MA 02053
A marketing plan for an affordable housing lottery demonstrates and ensures Fair Housing regulations are complied with and that the units are made available to a wide audience of qualified people. Pursuant to fair housing laws, advertising and marketing materials will not indicate any preference or limitation, or otherwise discriminate based on race, color, disability, religion, sex, familial status, sexual orientation, national origin, genetic information, ancestry children, marital status, or public assistance recipiency.
All advertising with graphic depiction of people (photographs and/or illustrations) will depict members of classes of persons protect under fair housing laws, including majority and minority groups. In no event will advertising reference local preference. The Fair Housing logo and slogan (Equal Housing Opportunity”) will be included in all marketing materials.
The marketing and outreach activities are intended to communicate and advertise these opportunities. In general, the plan includes sending notices or flyers to local groups and organizations, notices for website publications, and advertisements in newspapers and periodicals. In accordance with the guidelines, the marketing period will start at least 60 days before the application period closes, and all advertisements will run twice.
Newspaper Advertisements: Paid display ads will be run in local and regional newspapers, and newspapers that serve minority groups. The ads will be approximately of 3.5” x 3.5” (they will vary slightly depending on columns size of publication). Flyers will either be sent via US Mail or, when available, email.
Advertisements will be placed in the following publications: Medway/Millis/Bellingham Times, Metro- West Daily News, The Sun Chronicle, The Patriot Ledger, The Country Gazette, Milford Daily News and Minority Outreach publications of: Sampan Newspaper, The Bay State Banner and El Mundo.
The Unit will be listed on Citizens Housing and Planning Association (CHAPA) lottery website (www.chapa.org), Mass Access – The accessible Housing Registry website www.massacesshousingregistry.org), and the Massachusetts Affordable Housing Alliance (MAHA) website
Flyers will be sent or emailed to: local fair housing commissions, area places of worship, civic groups, lending institutions, social service agencies and other non-profit organizations, local and regional Housing Authorities and agencies, Councils on Aging and Libraries in Medway, Wrentham, Norfolk, Franklin, Milford, Holliston, Bellingham, and Millis. Email notices will be sent to all Town of Medway employees including schools.
Press Releases will be submitted to newspapers and local cable television. Press Releases will be provided to: Boston Globe, Country Gazette, Medway/Millis Times and the Milford Daily News.
During the Marketing period, one information session will be held on a weekday evening in an accessible venue. Date, time and location of these meetings will be published in the Ads and Flyers. SOCIAL MEDIA – Town of Medway social media options (Facebook, etc.) and other community oriented social media outlets such as:
- Facebook: @TownofMedway - Twitter: @TownofMedway - Instagram: @TownofMedway - Facebook: @MedwayCouncilonAging - Facebook: @MedwayPoliceDepartment - Twitter: @medwaypolice - Instagram @medwaypolice - Facebook: @Medwayfiredepartment - Twitter: @medwayfire - Instagram: @medway_fire_department
Information and Application for Affordable Housing Lottery
6 Balsam Way Medway, MA 02053 (1) Two-Bedroom Townhouse Unit $270,000
This packet contains specific information for the lottery for one affordable homeownership unit at Evergreen Village, a six-unit townhouse condominium development in Medway, MA, 02053 including eligibility requirements, the selection process, and a lottery application. The key milestones for this housing opportunity: ▪ Application Period opens: July 15, 2021 ▪ Open House: August 10, 2021 @ 6PM - 6:45PM @ 6 Balsam Way, Medway, MA 02053 ▪ Information Session August 10, 2021 @ 7PM @ Medway Senior Center, 76 Oakland Street, Medway, MA 02053 ▪ Application Postmarked By: September 21, 2021 ▪ Lottery: September 28, 2021 @ 7PM @ Medway Senior Center, 76 Oakland Street, Medway, MA 02053 This application is a first step in the lottery process and does not assure you a home. Applicants must secure approval for a mortgage loan and submit evidence of such approval together with the application. Please contact the agent below for any questions or to submit your application: Susan Jacobson, Affordable Housing Director Town of Norfolk One Liberty Lane Norfolk, MA 02056 508-440-2812, [email protected]
Project description The Evergreen Village Townhouse Condominium development is permitted by the Town of Medway Planning and Economic Development Board. As required and permitted, one (1) of the six residences is being offered for sale to low and moderate income households under a Multi Family Overlay District Special Permit. The Evergreen Village development consists of 6 townhouse/condominium units, with 1 designated as affordable. The development is located on 1.44 acre site located at 22 Evergreen Street. The development will include construction of two 3- unit, townhouse style buildings. Access to the development will be from a new 150’ long permanent private roadway to be known as Balsam Way off of Evergreen Street.
The development consists of two buildings each contain three (3) units. There are two and three bedroom units. The affordable unit is two bedrooms.
The unit is available for September occupancy. Note that the unit and schedule may change without notice as market conditions change. In accordance with the program guidelines, the initial purchase prices are established so that a household is not required to spend more than 30% of 70% Boston Area Median Income (AMI) monthly for housing costs.
Evergreen Village, Medway, MA – Affordable Homeownership Lottery 5.25.21 Page 1 Norfolk Municipal Affordable Housing Trust, One Liberty Lane, Norfolk, MA 02056
The affordable unit is the plan numbered 6 Balsam Way, Medway, MA 02053. The floor plan is available on the Lottery Agent website @www.norfolk.ma.us.
The unit is 1706 square feet with 2 Bedrooms, 2 full baths, one ½ bath with a full basement and a 2 car garage. The first floor is an open floor plan with kitchen and open dining and living room and a half bath. The second floor has a master bedroom/bathroom and a second bedroom and full bathroom.
The kitchen comes with stove/oven, dishwasher and refrigerator. All units will be provided with heating and central air- conditioning and are on Town water and sewer. In addition to mortgage principal, interest and Private Mortgage Insurance payments, homeowners should expect to pay monthly housing expenses of property taxes and a condominium association fee of $300.00 (HOA) per month. Property owners will be expected to pay property taxes of $4,714.20 per year or $392.85 month. The tax rate is determined by using Medway’s 2021 tax rates, or approximately $17.46 per 1,000/thousand. That rate usually changes every year.
Lottery description: 1. The applications for this housing opportunity will be generally available, including on-line, in hardcopy at Medway Public Library, Medway & Norfolk Town Halls (business hours), and Medway Housing Authority (business hours), and will be sent or emailed to anyone interested in the lottery. Notice of the lottery will be advertised, and communicated widely through local, regional and state channels. For online applications go to www.norfolk.ma.us or email [email protected] 2. Applications must be received in hardcopy and will be checked for completion of all required components. An application will be considered complete when all required items on the checklist have been provided. Applicants are encouraged to complete the checklist as an aide to the process. We do not accept email or fax submission of applications. 3. For this unit, the applicant’s household size will be determined from the application, and required number of bedrooms as indicated on the application. Within each lottery pool, priority shall be given to households requiring at least the number of bedrooms for that unit. Smaller households are encouraged to apply. • There is at least one occupant and no more than two occupants per bedroom. • A husband and wife, or those in a similar living arrangement, shall be required to share a bedroom. • School-aged children of the opposite sex are not expected to share a bedroom. • Other household members may share but shall not be required to share a bedroom. 4. The applicant’s income will be verified and compared to the income limits published by HUD for the Boston Metropolitan Statistical Area. Income includes all income prior to any deductions from all adult household members, . The current 2021 income limits are: 1 person household - $70,750 2 person household - $80,850 3 person household - $90,950 4 person household - $101,050 5. Household assets shall not exceed $75,000 in value. Assets include but are not limited to all cash, cash in savings accounts, checking accounts, certificates of deposit, bonds, stocks, the cash value of retirement accounts, value of real estate holdings and other capital investments. The value of necessary personal property (furniture, vehicles) is excluded from asset values. 6. Eligible applicants must be a First-time Homebuyer. This is further defined as a household that has not owned a home within three years preceding the application including in trust, with the exception of displaced homemaker, single
Evergreen Village, Medway, MA – Affordable Homeownership Lottery 5.25.21 Page 2 Norfolk Municipal Affordable Housing Trust, One Liberty Lane, Norfolk, MA 02056
parents and senior households (at least one household member is 55 or over). Any previously or currently owned home must be sold prior to purchase of the affordable unit. • A displaced homemaker is an individual who is an adult, who has owned a home only with a spouse, who is legally separated from a spouse, and who does not currently own the home previously owned with a spouse. • Single parents are individuals who owned a home with his or her partner or resided in a home owned by the partner and is a single parent (is unmarried or legally separated from a spouse and either has 1 or more children of whom the individual has custody or joint custody, or is pregnant); • Additional exceptions are made for households that owned a principal residence not permanently affixed to a permanent foundation, and households that owned a property that was not in compliance with State, local or model building codes. • Eligible applicants cannot own residential property, whether for primary, secondary or investment purposes. 7. Persons must submit all the necessary information by the application deadline. Late applications (applications mailed and/or received after the above date) and applications that are incomplete will not be accepted. No faxed or emailed applications will be accepted. 8. All applicants will be screened for eligibility. Applicants who have been deemed ineligible will be notified in writing of the decision and given time to contact the Lottery Agent in writing to disagree with the determination. 9. Once the Lottery Agent has verified the information contained in the application and confirmed eligibility, a lottery number or numbers and lottery form will be issued, and the applicant will move forward to the lottery. There will be one lottery pool created for this opportunity. 1) General Pool (1 units): 2) A final lottery eligibility letter will be mailed to each applicant indicating their final eligibility determination, preferences and the lottery specifics (date/time).
10. The lottery numbers will be pulled randomly by an independent third party in a public setting. Lottery numbers will be assigned a number in the sequence in which they are drawn and recorded in the order of selection on the Lottery Drawing Lists. The list of numbers drawn will be posted and letters will be mailed within three business days to the winners. 11. Once the tickets have been randomly drawn and listed in the drawn order, the units are then ranked based on bedroom size. The top ranked household needing at least two bedrooms will be offered the opportunity to purchase that specific unit. The household size preference shall be given to households based on the following criteria. ▪ There is at least one occupant and no more than two occupants per bedroom. ▪ A husband and wife, or those in a similar living arrangement, shall be required to share a bedroom. ▪ Other household members may share but shall not be required to share a bedroom. ▪ “Occupancy standards will not be more restrictive than the State Sanitary Code”. 12. The Lottery Agent shall maintain all Lottery Drawing Lists. In the event that any of the applicants withdraw for any reason, or do not comply with guidelines, the next qualified applicant in the lottery pool ranked by bedroom size need, will be offered that particular unit. 13. Top ranked applicant is offered the unit. 14. The winner will sign a reservation form with the developer. 15. Final qualification against all requirements will be verified before the execution of Purchase and Sale, and the eligible applicant must be approved by the Monitoring Agent (DHCD) before signing a P&S and again before closing (if closing is longer than 60 days from the Purchase and Sale) as determined by the Lottery Agent.
Evergreen Village, Medway, MA – Affordable Homeownership Lottery 5.25.21 Page 3 Norfolk Municipal Affordable Housing Trust, One Liberty Lane, Norfolk, MA 02056
16. There are specific closing and financing requirements for loans on these units, which include: • The loan must have a fixed interest rate through the full term of the mortgage. • The loan must have a current fair market interest rate. • The interest rate must be locked in – not floating. • The buyer must provide a down payment of at least 3% ($8100), 1.5% ($4050) of which must come from the buyer’s own funds. • The loan can have no more than 2 points. • The buyer may not pay more than 38% of their monthly income for monthly housing costs. • Loans from non-institutional lenders will not be accepted. • Buyers are encouraged to go to lenders that have familiarity with the Deed Restricted properties such as Lenders working with MassHousing and Mass Housing Partnership. 17. Closing documents will include disclosure statements from the Monitoring Agent. Additionally, the applicant will need to provide documentation that they have completed a certified first-time home buyer class. Home Buyer Education: It is suggested by the Town of Medway that you complete a pre-purchase homebuyer education course at a Massachusetts Homeownership Collaborative certified agency before closing. A list of courses, which is updated periodically, is on the MHP website (www.mhp.net). And CHAPA (www.CHAPA.net). 18. The Fair Housing Act prohibits discrimination on the basis of race, creed, color, sex, age, disability, marital status, familial status, veteran status, sexual orientation, and/or national origin, or any other basis prohibited by law and is specifically prohibited in the sale of these units. An applicant who believes that they have been discriminated against in the buyer selection and sales process may contact: the Massachusetts Commission against Discrimination; and/or the United States Department of Housing and Urban Development. 19. Disabled persons are entitled to request reasonable accommodation of rules, policies, or services, or reasonable modification of housing. 20. Resale process: The Monitoring Agent has up to 90 days after you give notice of your intention to sell the home to close on a sale to an Eligible Purchaser, or to close on a sale to a Monitoring Agent, or to a buyer that one of them may designate. This time period can be extended, as provided in the Deed Rider, to arrange for details of closing, to locate a subsequent purchaser if the first selected purchaser is unable to obtain financing, or for lack of cooperation on your part. If you attempt to sell or transfer the home without complying with the Deed Rider requirements, the Monitoring Agents may, among their other rights, void any contract for such sale or the sale itself.
Evergreen Village, Medway, MA – Affordable Homeownership Lottery 5.25.21 Page 4 Norfolk Municipal Affordable Housing Trust, One Liberty Lane, Norfolk, MA 02056
AFFORDABLE HOUSING APPLICATION Must Be Completed and Returned to Lottery Agent office by September 21, 2021 @ 6PM
Applicant Legal Name Phone Number E-mail Address City State/Zip
Co-Applicant Legal Name Phone Number E-mail Address ______City ______State/Zip ______I learned of this lottery from (check all that applies): Website: ______Letter: ______Advertisement: ______Other: ______
THIS APPLICATION IS NOT COMPLETE IF NOT SUBMITTED WITH:
______Completed application signed by all individuals over the age of 18. ______Copy of 2021, 2020 and 2019 Federal tax returns, as filed, with W-2’s and schedules for all tax returns, for every current or future person living in the household over the age of 18. State returns are not required. ______Copy of five most recent consecutive pay stubs. Additional information may be required for hourly paid workers. ______Current copies of statements and documents that indicate the payment amounts from all other sources of income of all members listed on the application, such as alimony, child support, Social Security benefits, pensions, unemployment compensation, workman’s compensation, disability and any other form of income ______Current copies of statements (3 months) of all assets (including every page), on financial institution letterhead, showing current value including all bank accounts, investment accounts, cash life insurance policies, retirement accounts. ______Mortgage pre-approval and proof of adequate assets to cover down payment and closing costs. These units are not eligible for FHA or family loans, and applicants cannot spend more than 38% of their monthly income for monthly housing costs ______Certificate of pre-purchase First-time Homebuyer class ______Documentation regarding current interest in real estate, if applicable ______No Income Statement, signed and notarized, for any household member over 18 with no source of income, if applicable, containing the language “Under penalties of Perjury” ______No Child Support Statement, signed and notarized, if applicable, containing the language “Under penalties of Perjury” ______Minority Self-Declaration Statement, signed and dated, if applicable, containing the language “Under penalties of Perjury”
Evergreen Village, Medway, MA – Affordable Homeownership Lottery 5.25.21 Page 5 Norfolk Municipal Affordable Housing Trust, One Liberty Lane, Norfolk, MA 02056
Household Information – List all members of your household including yourself. Number of Bedrooms Needed: ______
Full Time Minority Names of all Persons to Reside in Dwelling Relation to Married? Date of Student? Age Category * (First Name, Middle Initial, Last Name) Head (Y/N) Birth (Y/N) (Optional)
HEAD
2
3
4 . *Minority preference categories include only Native American or Alaskan Native, Black or African American, Asian, Native Hawaiian or Pacific Islander; or other (non-White); and the ethnic classification Hispanic or Latino. Requires a separate self- declaration document (see attached)
Property - Do you own or have an interest in any real estate, land and/or mobile home? Yes ( ) No ( ) Address: ______Current Value: ______[Provide current assessment information and current mortgage statement]
Have you disposed of any property for less than its value in the past two years? Yes ( ) No ( ) If yes, attach a description
Have you sold real estate or other property in the past three years? Yes ( ) No ( ) If yes, attach settlement statement When: ______Address: ______Sales Price: ______
Evergreen Village, Medway, MA – Affordable Homeownership Lottery 5.25.21 Page 6 Norfolk Municipal Affordable Housing Trust, One Liberty Lane, Norfolk, MA 02056
Income - List all income of all members over the age of 18 listed on application to reside in the unit, such as wages, child support, Social Security benefits, all types of pensions, employment, Unemployment Compensation, Workman's Compensation, alimony, disability or death benefits and any other form of income; including rental income from property. Adults with no income are required to submit a notarized statement. If additional space is needed, please attach another sheet.
# Source of Income Address/Phone# of Source Amount per Year
1
2
3
4
5
TOTAL
Assets - List all checking, savings accounts, CD’s, stocks, bonds, retirement accounts, savings bonds and any other investments below. If additional space is needed, please attach another sheet. Household assets do not include necessary personal property.
# Type of Asset Account No Value, Balance
1 Checking account
2 Savings account
3 Retirement account
4 Other: ______
5 Other: ______
6 Other: ______
7 Other: ______
TOTAL
Evergreen Village, Medway, MA – Affordable Homeownership Lottery 5.25.21 Page 7 Norfolk Municipal Affordable Housing Trust, One Liberty Lane, Norfolk, MA 02056
APPLICANT(S) CERTIFICATION
I/We certify that our household size is _____ persons, as documented herein. I/We certify that our total household income equals $______, as documented herein. I/We certify that our household has assets totaling $______, as documented herein. I/We certify that the information in this application and in support of this application is true and correct to the best of my/our knowledge and belief under full penalty of perjury. I/We understand that false or incomplete information may result in disqualification from further consideration. I/We certify that I am/we, or our family (parent, child, grandparent, sibling), are not related to the Developer of the Meetinghouse Village properties, the Lottery Agent, the Monitoring Agent or any party of this project. I/we understand that it is my/our obligation to secure the necessary mortgage for the purchase of the home and all expenses, including closing costs and down payments, are my/our responsibility. I/We understand that if I/we do not obtain a mortgage commitment and sign a purchase and sale agreement within forty-five days after the lottery the unit will be offered to the next eligible applicant on the waiting list. I/We understand that this property will have a deed restriction which specifies the resale, refinance and other provisions of the property as outlined below. The restriction ensures that the unit remains affordable for future purchasers of the property. • The property must be the owner’s principal residence. • The property can't be refinanced without prior approval of the Monitoring Agent (Town of Medway & Department of Housing and Community Development). Affordable units may not be refinanced for more than 97% of their Maximum Resale Price. • There is a limit on the resale price of the unit so that the unit will always be affordable. The formula for calculating the maximum resale price will be established at the time of purchase and will be based on the Area Median Income at the time of resale. If an owner wants to sell their affordable unit, they are required to notify the Monitoring Agent. • No capital improvements can be made without the Monitoring Agent’s pre-approval. I/We have been advised that a copy of the Mass Housing Universal Affordable Housing Deed Rider is available with the Lottery Agent. I/We understand that if I/we are selected to purchase a home, I/we must continue to meet all eligibility requirements of the Monitoring Agent and any participating lender(s) until the completion of such purchase. I/We understand that I/we must be qualified and eligible under any and all applicable laws, regulations, guidelines, and any other rules and requirements. Your signature(s) below gives consent to the Lottery Agent or its designee to verify information provided in this application. The applicant agrees to provide additional information on request to verify the accuracy of all statements in this application. I/We consent to the disclosure of such information for the purpose of income, asset and any other verification related to my/our application. No application will be considered complete unless signed and dated by the Applicant/Co-Applicant.
Applicant Signature Date
Co-Applicant Signature Date THIS IS APPLICATION IS ONLY FOR THIS SPECIFIC DEVELOPMENT.
Evergreen Village, Medway, MA – Affordable Homeownership Lottery 5.25.21 Page 8 Norfolk Municipal Affordable Housing Trust, One Liberty Lane, Norfolk, MA 02056 AGENDA ITEM
#4 Approval of Contract with New England Building & Bridge Company, Inc. for West Street Bridge Repair – $439,262.30
Associated back up materials attached. • Memo from Dave D’Amico • Bid results • Contract
Proposed Motion:
I move that the Board approve the contract with New England Building & Bridge Company for the West Street Bridge Repair in the amount of $439,262.30 as presented.
6-21-2021 Selectmen’s Meeting
TOWN OF MEDWAY DEPARTMENT OF PUBLIC WORKS
MEDWAY, MASSACHUSETTS 02053
D A V ID D ’ A MICO PETER PELLETIER DIRECTOR DEPUTY DIRECTOR
MEMORANDUM
To: Board of Selectmen
From: David D’Amico, Director | Department of Public Works
Date: June 21, 2021
RE: West St, Bridge Repair – New England Building & Bridge ______
Please find attached the contract for West St, Bridge Repair – New England Building & Bridge
Construction of Bridge Repair. The contractor will be required to provide a slab over the existing culvert, perform localized repair to the culvert, install new railings, install modified rock fill slopes, re-pave and localized landscaping. The reinforced concrete slab will be cast in place and will have curbs to support and attach the crash tested railings over the structure and to the limits shown over the bridge.
Bid opening results Total New England Building & Bridge $439,262.30 AETNA Bridge Co. $488,472.00 E.T. & L. Corp $564,743.00 WES Construction $573,205.00 New England Infrastructure $596,360.00
DPW and Engineer estimated $500,000 for this work,
We greatly appreciate your consideration of this issue.
HIGHWAY – WATER -- SEWER -- FLEET -- PARKS -- FACILITIES -- SOLID WASTE
45B Holliston street | MEDWAY, MASSACHUSETTS 02053 | TEL 508-533-3275 WEST St. BRIDGE REPAIR BID OPENING 6/08/2021 WEST St. BRIDGE Repair Bid Addenda Reference Total Bid Opening Bond #1 Cost
NEBB Yes Yes Yes 439,262.30 Providence, RI
AETNA Bridge Co. Yes Yes Yes 488,472.00 Warwick, RI
E. T. & L. Corp. Yes Yes Yes 564,743.00 Stow, MA
WES Construction Yes Yes Yes 573,205.00 Halifax, MA
New England Infrastructure Yes Yes Yes 596,360.00 Hudson, MA
Northern Const. Srv. Yes Yes Yes 598,475.00 Palmer, MA
NEL Corp. Yes Yes Yes 705,990.00 Middleton, MA SECTION 00500 WEST ST. BRIDGE REPAIR in Medway AGREEMENT
THIS AGREEMENT made this day of ^ in the year 2021, between New
England Building & Bridge Co. Inc., with a usual place of business at 388 Veazie Street,
Providence, RI 02904, hereinafter called the CONTRACTOR,and the Town of Medway, acting by its Select Board, with a usual place of business at 45B Holliston Street, Door #9, Medway, MA 02053, hereinafter called the TOWN.
The CONTRACTOR and the TOWN,for the consideration hereinafter named, agree as follows:
1. Scone of Work
The Contractor shall furnish all labor, materials, equipment and insurance to perform all work required for the project known as the WEST ST. BRJDDGE REPAIR in Medway Project, in strict accordance with the Contract Documents and all related Drawings and Specifications. The said Documents, Specifications, Drawings, and any supplemental general conditions are incorporated herein by reference and are made a part ofthis Agreement.
2. Contract Price
The Town shall pay the Contractor for the performance ofthis Agreement, subject to additions and deductions provided herein, in current funds, the sum of Four Hundred Thirty Nine Thousand, Two Hundred Sixty Two Dollars, Thirty cents.($ 439,262.30).
3. Commencement and Completion of Work and Liquidated Damages
It is agreed that time is ofthe essence of this Agreement. The Contractor shall commence and prosecute the work under this Agreement upon execution hereof and shall complete the work by substantial completion of September 1.
A. Definition of Term: The Term "Substantial completion" shall mean the date certified by the Town when construction is sufficiently complete, in accordance with the Contract Documents, so the Town may occupy the project, or designated portion(s) thereof, for the use for which it is intended.
B. Time as Essential Condition: It is understood and agreed that the commencement of and substantial completion of the work are essential conditions of this Agreement. It is further agreed that time is ofthe essence for each and every portion of the Contract Documents wherein a definite and certain length oftime is fixed for the performance of any act whatsoever; and where under the Contract Documents any additional time is allowed for the completion of any work, the new time fixed by such extension shall be of the essence ofthis Agreement. It is understood and agreed that the times for the 00500-1 completion of the work are reasonable, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.
C. Progress and Completion: Contractor shall commence work promptly upon execution of this Agreement and shall prosecute and complete the work regularly, diligently, and uninterruptedly at such a rate of progress as will insure Substantial Completion within the stipulated number of calendar days.
D. Liquidated Damages: It is expressly agreed between the Contractor and the Town that the Contractor will be responsible for all damages which may arise due to the Contractor's failure to substantially complete the work within the above specified time. If the Contractor shall neglect, fail or refuse to complete the work within the specified number of days, or any extension thereof authorized by the Town, Contractor agrees, as a part of the consideration for the execution of this Contract by the Town, to pay the Town the amount specified herein, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day, excluding Saturdays, Sundays and legal Holidays, that the Contractor shall be in default of Substantial completion after the date specified in the Agreement. Due to the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Town would in such event sustain, said amount is agreed to be the amount of damages which the Town would sustain, and said amount shall be retained from time to time by the Town from current periodic estimates. The amount of liquidated damages shall be $500.00 per day.
4. Performance of the Work
A. Direction of the Work: The Contractor shall supervise and direct the Work, using his best skills and attention which shall not be less than such state of skill and attention generally rendered by the contracting profession for projects similar to the Project in scope, difficulty and location. The Contractor shall maintain adequate supervisory personnel at the project site during the performance of the Work. He shall be solely responsible for all construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work under the Agreement.
B. Responsibility for the Work: (1) The Contractor shall be responsible to the Town for the acts and omissions of his employees, Subcontractors and their agents and employees, and other persons performing any of the Work under a contract with the Contractor. This obligation shall also extend to the presence on the Site of suppliers of materials or equipment, their employees, contractors, and agents engaged in the work.
(2) The Contractor shall not be relieved from his obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Town in its administration of the Agreement, or by inspections, tests or approvals required or performed by persons other than the Contractor.
C. Permits and Fees: Unless otherwise expressly provided, the Contractor shall secure and pay for all permits and fees, licenses and inspections necessary for the proper execution and completion of the Work which are customarily secured after execution of the Agreement and which are legally required at the time the bids are received, and the same 00500-2 shall at all times be the property of the Town and shall be delivered to the Town upon completion of the Project.
D. Notices, Compliance With Laws: (1) The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. The Contractor shall provide the Town with reproductions of all permits, licenses and receipts for any fees paid. The Town represents that it has disclosed to the Contractor all orders and requirements known to the Town of any public authority particular to this Agreement.
(2) If the Contractor observes that any of the Contract Documents are at variance with applicable laws, statutes, codes, and regulations in any respect, he shall promptly notify the Town in writing, and any necessary changes shall be accomplished by appropriate modification.
(3) If the Contractor performs any Work which he knows or should know is contrary to such laws, ordinances, rules, and regulations, and without such notice to the Town, he shall assume full responsibility therefor and shall bear all costs attributable thereto.
(4) In the performance of the Work, the Contractor shall comply with all applicable federal, state, and local laws and regulations including those relating to workplace and employee safety. The Contractor shall notify the Town immediately of any conditions at the place of the work which violate said laws and regulations and shall take prompt action to correct and eliminate any such violations.
E. Project Superintendent: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site at all times during the progress of the Work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be so confirmed on written request in each case.
F. Progress Schedule: The Contractor, immediately after being awarded the Contract, shall prepare, and submit for the Town's information an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the Work.
G. Drawings, Specifications and Submittals: (1) The Contractor shall maintain at the site for the Town one record copy of all Drawings, Specifications, Addenda, Change Orders, and other Modifications, and "As-Built" Drawings and Specifications in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These shall be delivered to the Town upon completion of the Work.
(2) By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he has determined and verified all materials, field 00500-3 measurements, and field construction criteria related thereto, or will do so, and that he has checked and coordinated the infonnation contained within such submittals with the requirements of the Work and of the Contract Documents.
(3) The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Town's approval of Shop Drawings, Product Data or Samples unless the Contractor has specifically informed the Town in writing of such deviation at the time of submission and the Town has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Town's approval thereof.
(4) The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Town on previous submittals.
(5) No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commenced until the submittal has been approved by the Town. All such portions of the Work shall be in accordance with approved submittals.
H. Protection of the Work and Town's Property: The Contractor shall at all times safely guard the Town's property from injury or loss in connection with this Agreement. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss, or injury. The Contractor shall clean the work area and restore it to its original condition upon completion of the work.
I. Quality of the Work: The Contractor shall perform the work in a good, workmanlike manner. The Contractor hereby guarantees that the entire work constructed by him under the Agreement will meet fully all requirements thereof as to quality of workmanship and materials. The Contractor hereby agrees to make at his own expense any repairs or replacements made necessary by defects in materials or workmanship supplied to him that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements set forth herein any part of the work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor also agrees to hold the Town harmless from claims of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Town. If the Contractor fails to make the repairs and replacements promptly, the Town may do the work and the Contractor shall be liable to the Town for the cost thereof.
J. Warranty: The Contractor guarantees to Town that all materials incorporated into the work will be new unless otherwise specified or agreed. Prior to final payment, the Contractor shall deliver to the Town all manufacturers' warranties, together with such endorsements or assignments as are necessary to ensure to the Town the full rights and benefits of such warranties. All Permits to be Inspected and closed.
00500-4 5. Affirmative Action/Eaual Employment Opportunity The Contractor is directed to comply with all applicable State Laws, Ordinances, Bylaws, and rules and regulations regarding affirmative action/equal employment opportunity requirements. Failure of the Contractor to comply with any such law, rule or regulation shall constitute grounds for the Town to terminate the Agreement.
6. Site Information Not Guaranteed: Contractor's Investigation All information given in the Contract Documents relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to the Town. All such information is furnished only for the information and convenience of the Contractor and is not guaranteed.
It is agreed and understood that the Town does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes, or other structures encountered during construction will be the same as those indicated in the Contract Documents.
Contractor has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions and federal, state, and local laws, rules, ordinances, and regulations that in any manner may affect costs, progress, or performance of the work. Contractor has made, or has caused to be made, examinations, investigations, and tests and studies of such reports and related data in addition to those referred to in the paragraph above as he deems necessary for the performance of the work at the Contract Price, within the Contract Time, and in accordance with the other Terms and Conditions of the Contract Documents; and no additional examinations, tests, investigations, reports, and similar data are or will be required by the Contractor for such purposes.
Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the Contract Documents. Contractor has given the Town written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents, and the resolution thereof by the Town is acceptable to the Contractor.
It is further agreed and understood that the Contractor shall not use or be entitled to use any of the information made available to him or obtained in any examination made by him in any manner as a basis of or ground for any claim or demand against the Town, arising from or by reason of any variance which may exist between the information made available and the actual subsurface conditions or other conditions or structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents.
00500-5 7. Project Architect or Engineer There is a project architect-engineer for this project. Indicated in the Contract Documents, the Architect/Engineer shall be a representative of the Town and the Contractor shall direct all communications, questions and comments on the work and the performance thereof to the Town. In general, the Town shall have the authority to review the performance of the work, reject work which is defective or otherwise does not comply with the Contract Documents and to order the Contractor to remedy defective work and take such actions which are necessary to make the work conform to the Contract Documents.
8. Wage Rates Prevailing Wage Rates as detennined by the Commissioner of the Department of Labor and Workforce Development under the provisions of Massachusetts General Laws, Chapter 149, Section 26 to 27G, as amended, apply to this project. It is the responsibility of the Contractor to provide the Town with certified payrolls and to comply with all requirements of the above-cited statutes. The schedules of prevailing wage rates are included in the Contract Documents.
9. Payments to the Contractor Within Thirty (30) days after receipt from the Contractor of a proper and satisfactory periodic estimate requesting payment of the amount due for the preceding month, the Town shall have Thirty (30) days to make payment for:
A. The work performed during the preceding month.
B. The materials not incorporated in the Work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the Contractor has title, or to which a Subcontractor has title and has authorized the Contractor to transfer title to the Town.
C. Less the following retention items: 1. A retention based on an estimate of the fair value of the Town's claims against the Contractor. 2. A retention for direct payments to Subcontractors, if any, based on demands for same in accordance with the provisions of Section 39F of Chapter 30 of the General Laws. 3. A retention not exceeding five percent(5%) of the approved amount of the periodic payment. 4. All Permits must be closed out and Inspected by Town DPW and Con-Com Inspector and Final Inspection shall be Complete before any Final Payment will be processed.
D. After the receipt of a periodic estimate requesting final payment and within sixty-five (65) days after the Contractor fully completes the Work, or substantially completes the Work so that the value of the Work remaining to be done is, on the estimate of the Town, less than 1% of the original Contract Price, or substantially completes the Work and the Town takes possession or occupancy, whichever occurs first, the Town shall pay the Contractor the entire balance due on the Contract less:
00500-6 1. A retention based on an estimate of the fair value of the Town's claims against the Contractor and of the cost of completing the incomplete and unsatisfactory items of work.
2. A retention for direct payments to Subcontractors, if any, based on demands of same in accordance with the provisions of Section 39F of Chapter 30 of the General Laws, or based on the record of payments by the Contractor to the Subcontractors under this Contract if such record of payment indicates that the Contractor has not paid Subcontractors as provided in Section 39F of Chapter 30 of the General Laws.
If the Town fails to make payment as herein provided, there shall be added to each such payment, daily interest at the rate of 3 percentage points above the rediscount rate than charged by the Federal Reserve Bank of Boston, commencing on the first day after said payment is due, and continuing until the payment is delivered or mailed to the Contractor; provided that no interest shall be due, in any event, on the amount of a periodic estimate for final payment until fifteen (15) days after receipt of such a periodic estimate by the Town as provided in the first paragraph of this Article. The Contractor agrees to pay to each subcontractor a portion of any such interest paid in accordance with the amount due each subcontractor.
The Town may make changes in any periodic estimate submitted by the Contractor and the payment due on said periodic estimate shall be computed in accordance with the changes so made, and such changes and any requirements for a corrected periodic estimate shall not affect the due date for the periodic payment or the date for the commencement of interest charges on the amount of the periodic payment computed in accordance with the changes made, as provided herein; provided further, that the Town may, within seven (7) days after receipt, return to the Contractor for correction, any periodic estimate which is not in acceptable form or which contains computations not arithmetically correct, and in that event, the date of receipt of such periodic estimate shall be the date of receipt of the corrected periodic estimate in proper form and with arithmetically correct computations. The date of receipt of a periodic estimate received on a Saturday shall be the first working day thereafter.
E. Changes in the Work: No changes in the work covered by the approved Contract Documents shall be made without prior written approval of the Town. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: (a) Unit bid prices previously approved. (b) An agreed lump sum. (c) The actual cost of:
(1) Labor. (2) Materials entering permanently into the work. (3) The ownership or rental cost of construction equipment during the time of use on the extra work. (4) Power and consumable supplies for the operation of power equipment. (5) Wages to be paid.
00500-7 To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent(15%) of the actual cost of work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit, and any other general expenses.
F. Claims for Additional Costs: If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Town written notice thereof within twenty days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property. No such claim shall be valid unless so made. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order.
The Contractor hereby agrees that the Contractor shall have no claim for damages of any kind against the Town on account of any delay in the commencement or perfonnance of the work and/or any hindrance, delay or suspension of any portion of the work including, but not limited to, any claims or damages on account of having to perform out of sequence work, claims for damages on account of loss of production or other interference with the work whether such delay is caused by the Town or otherwise, except as and to the extent expressly provided under G.L. c.30, §390 in the case of written orders by the Town. The Contractor acknowledges that the Contractor’s sole remedy for any such claim will be an extension oftime as provided herein.
10. Final Payment. Effect The acceptance of final payment by the Contractor shall constitute a waiver of all claims by the Contractor arising under the Agreement.
11. Contract Documents The Contract Documents consist of the following, together with this Agreement: Invitation to Bid Instructions to Bidders This Contract Form Bid Form Performance Bond Labor & Materials Payment Bond Non-Collusion Certificate Tax Compliance Certificate Clerk's Certificate of Corporate Vote Certificate of Insurance General Conditions General Requirements Specifications and Addenda Schedule of Prevailing Wages
12. Terms Required Bv Law This Agreement shall be considered to include all terms required to be included in it by the Mass General Laws, and all other laws, as though such terms were set forth in full herein.
13. Indemnification
00500-8 The Contractor shall indemnify and hold harmless the Town from and against any and all claims, damages, losses, and expenses, including attorney's fees, arising out of the performance of this Agreement when such claims, damages, losses, and expenses are caused, in whole or in part, by the acts, errors, or omissions of the Contractor or his employees, agents, subcontractors or representatives.
14. Insurance The Contractor shall purchase and maintain such insurance as will protect both the Town and the Contractor from claims which may arise under the Agreement, including operations performed for the named insured by independent contractors and general inspection thereof by the named insured. In addition, the Contractor shall require its subcontractors to maintain such insurance. Coverage shall be provided for:
.1 claims under workers' or workmen's compensation, disability benefit and other applicable employee benefit acts; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person; .5 claims for damages, including damages to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and .6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle, .7 claims involving contractual liability applicable to the Contractor's obligations.
The limits of liability for coverage required under the preceding paragraph shall be as Specified in the Supplemental Conditions.
Except for Workmen's Compensation, all liability coverage shall name the Town as an additional insured and shall provide for 30 days prior written notice to the Town of any modification or termination of coverage provided thereby. The Contractor shall provide the Town with appropriate certificate(s) of insurance evidencing compliance with this provision prior to the commencement of any work under this Agreement.
15. Notice All notices required to be given hereunder shall be in writing and delivered to, or mailed first class to, Or emailed, the parties' respective addresses stated above. In the event that immediate notice is required, it may be given by telephone or facsimile, but shall, to the extent possible, be followed by notice in writing in the manner set forth above.
16. Termination A. Each party shall have the right to terminate this Agreement in the event of a failure of the other party to comply with the terms of the Agreement. Such termination shall be effective upon seven days' notice to the party in default and the failure within that time of said party to cure its default. 00500-9 B. The Town shall have the right to terminate the Agreement without cause, upon ten (10) days' written notice to the Contractor. In the event that the Agreement is terminated pursuant to this subparagraph, the Contractor shall be reimbursed in accordance with the Contract Documents for all Work performed up to the termination date, and for all materials or equipment not incorporated in the Work, but delivered and suitably stored at the site. Payment for material or equipment stored at the site shall be conditioned upon submission by the Contractor of bills of sale or such other evidence as is satisfactory to Town to establish the Town's title to such material or equipment or otherwise protect the Town's interests.
17. Miscellaneous A. Royalties and Patents: The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Town harmless from loss on account thereof, except that the Town shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified; but if the Contractor believes or has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Town, and thereafter the Town insists on the use of the design, process or products specified.
B. Assignment: The Contractor shall not assign or transfer any of its rights, duties, or obligations under this Agreement without the written approval of the Town.
C. Governing Law: This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts.
D. By its signature hereon, the Contractor certifies, under the pains and penalties of perjury, that it has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.
[Remainder of page intentionally blank.]
00500-10 AGREED: TOWN OF MEDWAY,MASSACHUSETTS (Town)
By its Town Select Board
DATE
CONTRACTOR:
New England Building & Bridge Co. Inc.
Peter Donatelli (Name)
President (Title)
388 Veazie Street (Address)
Providence, RI, 02904 (City and State)
Approved as to Form:
B (Town Counsel) Director of Public Works
In accordance with G.L. c.44, Section 31C, this is to certify that an appropriation in the amount of this contract is available therefor and that the has been authorized to execute the contract and approve all requisitions and change orders.
By. (Town's Accountant)
(Name) (Account Number)
00500-11 CERTIFICATE OF VOTE (to be filed if Contractor is a Corporation)
I, hereby certify that I am the duly qualified (Secretary of the Corporation) and acting Secretary of and I further certify that a meeting of the
(Name of Corporation) Directors of said Company, duly called and held on / j at which (Date of Meeting) all Directors were present and voting, the following vote was unanimously passed:
VOTED: To authorize and empower
Anyone acting singly, to execute Forms of Genera! Bid, Contracts or Bonds on behalf of the Corporation.
I further certify that the above vote is still in effect and has not been changed or modified in any respect.
By:. ecretary of Corporation) A True Copy:
Attest: . (NotaryRublic)
'motaw' ^ANASTASIA VOURVACHAKIS My Commission Expires: I My Identificallon # 765486 (Date) Expires June 26,2024
00500-12 4.
^' lAv \ ● a:'-;/ MM'.*:
r ●' I ●i-'. CERTIFICATIONS REQUIRED BY LAW FOR PUBLIC CONSTRUCTION CONTRACTS
You must COMPLETE and SIGN the following certifications. You must also print, at the bottom of this page, the name of the contractor for whom these certifications are submitted.
TAX COMPLIANCE Pursuant to Chapter 62C ofthe Massachusetts General Laws, Section 49A(b), I, the undersigned, authorized signatory for the below named contractor, do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws ofthe Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.
NON-COLLUSION The undersigned certifies under the penalties of perjury that this bid is in all respects bona fide, fair, and made without collusion or fraud with any other person. As used in this subsection the word "person" shall mean any natural person,joint venture, partnership, corporation or other business or legal entity.
PUBLIC CONTRACTOR DEBARMENT The undersigned certifies under penalty of perjury that the below named contractor is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.
OSHA TRAINING
Pursuant to G.L. c. 30, §39S, the Contractor hereby certifies under penalties of peijury as follows;
(1) Contractor is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (2) All employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and they shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and (3) All employees to be employed in the work subject to this contract have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration.
COMPLETE A1 BELOW:
Authori^dBerson’s Signature Date
Print Name & Title of Signatory ,
Name of Contractor ^ ^
00500-13 NEWEN01 QP ID: KT DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/16/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). CONTACT PRODUCER 781-642-9000 ilMEi Eastern States Insurance PHONE 781.642>9000 FAX 781-647-3670 Agency, Inc. (A/C, No,Ext): ' (A/C.No): 50 Prospect Street I'ddHess: [email protected] Waltham, MA 02453 INSURERtSl AFFORDING COVERAGE NAIC« INSURER A:Everest Denali Insurance Co 16044 INSURED INSURER B :Acadia Insurance Company 31325 New England Building & Bridge Co,, Inc. INSURER C:.Market American Insurance 28932 388 Veazie Street Providence, Rl 02904 INSURER D.The Beacon Mutual Ins. Co. 24017 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ^DDLSUBR POUCY EFF POUCY EXP LIB TYPE OF INSURANCE INSD WD POLICY NUMBER (MM/DD/YYYYl IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE A 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR X CF4GL00740-211 05/01/2021 05/01/2022 PREMISES (Ea occurrence! s_ 50,000 MED EXP (Any one person) 5,000 PERSONAL & ADV INJURY A 1,000,000 GENl AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE A 2,000,000 2,000,000 POLICY LOC PRODUCTS ● COMP/OP AGG A OTHER Emp Ben. i. $1 M/SIM B AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT 1,000,000 JEa accidenii S ANY AUTO CAA 5256811 05/01/2021 05/01/2022 BODILY INJURY (Per person) S OWNED I SCHEDULED X AUTOS ONLY AUTOS BODILY INJURY (Per accident) A X HIRED PROPERTY DAMAGE AUTOS ONLY 2L MW IPeracciaenii s c 1 UMBRELLA LIAB X OCCUR EACH OCCURRENCE A 4,000,000 MKLM1EUL101542 05/01/2021 05/01/2022 X EXCESS LIAB CUIMS-MAOE AGGREGATE A 4,000,000 DED RETENTIONS A D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY STATUTE £B Y DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace le required) Town of Medway is an additional insured in regards to the General Liability where required by written contract or agreement CERTIFICATE HOLDER CANCELLATION MEDWAYT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Medway ACCORDANCE WITH THE POLICY PROVISIONS. DPW 45B Holliston Street AUTHORIZED REPRESENTATIVE Medway, MA 02053 I ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD New England Building & Bridge NEWEN01 PAGE 2 NOTEPAD INSURED'S NAME OP ID: KT Date 06/16/2021 MA. ONLY Workers Compensation Carrier: ACS America Insurance Policy #: 6S62UB-9F69342-8-21 Effective Date: 5/4/2021-2022 Limits: $1,000,000 SECTION 00610 Bond Number: NMA 1795 PERFORMANCE BOND New England Building and Bridge Co., Inc., KNOW ALL MEN BY THESE PRESENTS; That we 388 Veazic Street, Providence, RI 02904 (Name of Contractor) a Corporation hereinafter called “Principal” and (Corporation, Partnership, Joint Venture or Individual) Merchants National Bonding, Inc. of P.O. Box 14498, State of Des Moines, lA 50306-3498 (Surety) (City & State) hereinafter called the "Surety" and licensed by the State Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and firmly bound to the Town of MEDWAY. Massachusetts, hereinafter called "Town", in the penal sum of Hundred Thirty-Nine Thousand Two Hundred Sixty-Two and 30/100ths Dollars ($ 439,262.30 )in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Town, dated the 21st day of June , 2021 (the “Construction Contract”), for the construction described as follows: West Street Bridge Repair . NOW,THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of the Construction Contract during the original term thereof, and any extensions thereof which may be granted by the Town, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under the Construction Contract, and shall fully indemnify and save harmless the Town from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Town all outlay and expense which the Town may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER,that the Surety’s obligation under this Bond shall arise after (1) the Town has declared the Principal in default of the Construction Contract or any provision thereof or (2) has declared that the Principal has failed, or is otherwise unable or unwilling, to execute the work consistent with, and in conformance to, the Construction Contract (collectively referred to as a “Contractor Default”). The determination of a Contractor Default shall be made solely by the Town. The Town need not terminate the Construction Contract to declare a Contractor Default or to invoke its rights under this Bond. 00610-1 When the Surety’s obligation under this Bond arises, the Surety, at its sole expense and at the consent and election of the Town, shall promptly take one of the following steps:(1) arrange for the Principal to perform and complete the work of the Construction Contract:(2) arrange for a contractor other than the Principal to perform and complete the work of the Construction Contract;(3) reimburse the Town, in a manner and at such time as the Town shall decide, for all costs and expenses incurred by the Town in performing and completing the work of the Construction Contract. Surety will keep Town reasonably informed of the progress, status, and results of any investigation of any claim of the Town. If the Surety does not proceed as provided in this Bond with due diligence and all deliberate speed, the Surety shall be deemed to be in default of this Bond, and the Town shall be entitled to enforce any remedy available to the Town. After the Surety’s obligation under this Bond arises, the Surety is obligated, to the limit of the amounts of this Bond, for (1)the correction of defective work and completion of the Construction Contract;(2) additional design, professional services, and legal costs, including attorneys’ fees, resulting from the Contractor Default or from the default of the Surety under this Bond;(3) any additional work beyond the Construction Contract made necessary by the Contractor Default or default of the Surety under this Bond;(4) indemnification obligation of the Principal, if any, as provided in the Construction Contract; and (5) liquidated damages as provided in the Construction Contract, or if none are so specified, actual and foreseeable consequential damages resulting from the Contractor Default or default of the Surety under this Bond. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction in the Commonwealth of Massachusetts. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the work or to the specifications. 00610-2 IN WITNESS WHEREOF,this instrument is executed in Three(3) counterparts, each one of which shall be deemed an original, this the 21st day of June 2021 ATTEST: New England Building and Bridge Co., Inc. (Principal Secretary) (Address-Zip Code) (SEAL) Witness as to Principal (Address-Zip Code) ATTEST: Merchants National Bonding, Inc. urety By I Kathleen Jimenez tA iey- n-Fact) P.O. Box 14498 Des Moines, lA 50306-3498 (Address-Zip Code) ^Aaim /rUA (SEAL) Witness as to Surety 50 Prospect Street Waltham, MA 02453 (Address-Zip Code) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute Bond. 00610-3 Bond Number: NMA 1795 SECTION 00620 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we New England Building and Bridge Co., Inc., 388 Veazie Street, Providence, R1 02904 a Corporation (Name of Contractor) (Corporation, Partnership, Joint Venture or Individual) hereinafter called "Principal" and Merchants National Bonding, Inc, of P.O. Box 14498 (Surety) State of Des Moines, lA 50306-3498 hereinafter called the “Surety” and licensed by the State (City and State) Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and firmly bound to the Town of MEDWAY. Massachusetts, hereinafter called "Town", in the penal sum of Hundred Thirty-Nine Thousand Two Hundred Sixty-Two and 30/100ths Dollars f$ 439,262.30 )in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Town, dated the 21st day of June 2021, for the construction described as follows: West Street Bridge Repair NOW,THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER,that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications. 00900-1 PROVIDED, FURTHER,that no final settlement between the Town and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF,this instrument is executed in ThreeC:^) counterparts, each one of which shall be deemed an original, this the 21st day of June ,2021. ATTEST: New England Building and Bridge Co., Inc. Principal By (Principal Secretary) (Address-Zip Code) (SEAL) Witness as to Principal (Address-Zip Code) Merchants National Bonding. Inc. ATTEST: S^ty By Kathleen Jimenez(Aftoi -in-Fact) P.O.Box 14498 Des Moines, lA 50306-3498 (Address-Zip Code) 4^ lAA Mm (SEAL) Witness as to Surety 50 Prospect Street Waltham, MA 02453 (Address-Zip Code) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute Bond. 00900-2 Merchants BONDING COMPANYTU POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the “Companies") do hereby make, constitute and appoint, individually, Kathleen Jimenez; Newton S Johnson; Oscar B Johnson their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015, "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.” "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the Slate of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rd day of February 2021 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. -o- -o- tft. ● Z ^ 5 zz ● 2003 1933 By N O President ✩ ●●●●●●● STATE OF IOWA COUNTY OF DALLAS ss. On this 23rd day of February 2021 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the Companies on this ’”2.1 ^day of ..'●LnoN4/''-. ●’Js\*9‘.SoZy. z<: -o- ● = : **: -o- g'O - 2003 Secretary \o ^ V%.. POA 0018 (1/20) AGENDA ITEM #5 Discussion: Proposed Permitting Process for Parks Pavilions Associated back up materials attached. • Memo from Deb Rossi, Parks Commission Chair 6-21-2021 Selectmen’s Meeting Select Board Discussion: Proposed Permitting Process for Parks’ Pavilions June 21, 2021 The Medway Parks and Recreation Commission would like to pursue a permitting process for usage of the Parks’ Pavilions. We would like to review the processes that have been established by other towns and communities with regards to their Parks & Facilities and determine how we can integrate a similar process in Medway. We would like the process to include usage, fees, permit application and approval. We would also determine when reservations cannot be made due to expected public use. We are disappointed to find that the pavilions are left with trash and garbage everywhere. We are hopeful we can establish some protocols through this process that will assist in addressing some of these issues. The Medway Parks and Recreation Commission would like the Select Board’s approval to move forward on formalizing this process. Thank you, Debi Rossi Parks Commission, Chair AGENDA ITEM #6 Approval of Fiscal Year (FY) 2022 Enterprise Indirect Cost Allocations Associated back up materials attached. • Proposed FY22 enterprise indirect cost allocations Proposed Motion: I move that the Board approve the FY22 enterprise indirect costs allocations as discussed. 6-21-2021 Selectmen’s Meeting TOWN OF MEDWAY FISCAL YEAR 2022 ENTERPRISE FUNDS – INDIRECT COST ALLOCATIONS The Department of Revenue/Local Services has issued a manual on enterprise funds and the following description is taken in part from this document. The enterprise fund statute, MGL Chapter 44 S53F1/2 was enacted in 1986 for the purpose of allowing cities and towns the flexibility to account separately for all financial activities associated with business type municipal services, such as public utilities (water, sewer, trash). An enterprise fund establishes a separate accounting and financial reporting mechanism for municipal services for which a fee is charged in exchange for goods or services. Revenues and expenditures of the service are segregated into a separate fund with its own financial statements. Enterprise accounting allows a community to demonstrate to the public the portion of total costs of a service that is recovered through user charges and the portion that is subsidized by the tax levy or other available funds, if any. At year end, the performance of an enterprise fund is measured in terms of positive and negative operations. An operating surplus (the result of revenue collected in excess of estimates and appropriation turnbacks) translates into retained earnings that are maintained in the fund rather than closing to general fund. Retained earnings of an enterprise fund are certified as an available fund after the submission of a June 30th balance sheet to the Department of Revenue/Local Services. Once certified, retained earnings may be appropriated only for expenditures relating to the fund. Conversely, if during the year, the enterprise fund incurs an operating loss, the loss must be raised in the subsequent year’s budget. Establishing an enterprise does not create a separate or autonomous entity from the municipal government operation. The municipal department operating the enterprise service continues to fulfill financial and managerial reporting requirements like every other department. The enterprise budget includes both revenue and expenditure estimates: REVENUES: May include user charges and fees, investment income, other revenues such as grants and apportioned and unapportioned betterments, and retained earnings. EXPENDITURES: All costs must be identified and may include direct costs and indirect costs, employee benefits, legal and borrowing costs, and capital expenditures. These costs may also include an appropriation for an emergency reserve and a budgeted surplus. Direct Costs are those associated directly with the enterprise fund, including salaries and wages of enterprise employees, other operating expenses and contractual payments. Indirect Costs are those costs that cannot be directly or exclusively assigned to one service. Enterprises often benefit from expenditures made by the general fund and may include employee benefits, legal and borrowing costs, capital expenditures or improvements and emergency reserve. 1 TOWN OF MEDWAY INDIRECT COST ALLOCATIONS CERTAIN MUNICIPAL EXPENSES ADMINISTRATIVE SERVICES Administrative services include: accounting, auditing, central data processing, technology support, administrative support, central purchasing, collections, and other treasury and financial services. Expenses that may be allocated include salary and wages for professional, technical, clerical and support staff and all expenses including, but are not limited to, professional and technical services, supplies and materials, dues and subscriptions, travel expenses and other related costs. The cost of administrative services shall be computed separately for salaries and expenses. For salaries the calculation will be the total town-wide salary budget divided by the Enterprise Fund salary budget to arrive at a percentage. This percentage will be applied to the salaries of the following administrative departments: Town Administrator; Accountant; Treasurer/Collector and Human Resources per Addendum A: Water (2.39%); Solid Waste (.55%) and Sewer (.95%). The calculation to arrive at the administrative overhead expenses will be the same. The total amount of the town-wide expense budget will be divided by the Enterprise Fund expense budgets to arrive at a percentage. This percentage will be applied to the expenses of the following administrative departments: Town Administrator, Accountant, Treasurer/Collector and Human Resources per Addendum B: Water (10.68%); Solid Waste (5.94%) and Sewer (6.5%). It is agreed that the cost of salaries and expenses for the Town Clerk/Elections will not be included in the allocation of indirect costs. Also, the expenses for Town Counsel services will be directly billed to each Enterprise Fund and paid as a direct cost, not an indirect cost. EMPLOYEE RETIREMENT PROGRAMS Retirement costs include, but are not limited to, the cost of administering employee retirement programs; the cost of non-contributory pensions; assessments paid to the Norfolk County Retirement System, the State retirement system, or any other regional or municipal retirement system; contributions to Social Security and Medicare and other retirement plans. The cost of retirement programs will be included in the indirect cost allocation. See Addendum “D”. (Note: the retirement costs allocated as associated employee benefits were computed by taking the total number of employees contributing (active employees) in Norfolk County Retirement System and dividing that number into the Medway assessment from Norfolk County. The resulting dollar cost per participant was then multiplied by the number of participating employees in each department.) 2 INSURANCE PROGRAMS Insurance includes the cost of administering insurance programs, as well as the cost of: unemployment, health, group life, workers compensation and other employee benefits paid by the town; the premiums paid for property, casualty and liability insurance; premiums for fidelity bonds, and funding of self- insurance programs. It is agreed that the cost of administering insurance programs was calculated as part of the Administrative Services indirect cost allocation earlier in the agreement and should not be accounted for here. The cost of insurance programs will be included in the indirect cost allocation. See Addendum “D”. OPERATIONS AND MAINTENANCE The cost of operating and maintaining facilities, including administrative and support facilities, include custodial services, heating of buildings, utility services, maintenance of grounds, maintenance of buildings and maintenance of equipment. The costs shall include salary, wages and benefit costs for professional, technical, maintenance, clerical and support staff, and all expenses including, but are not limited to, professional and technical services, supplies and materials, dues and subscriptions, travel expenses, and other related costs for the ordinary and extraordinary maintenance. Costs for employees and resources that are shared between departments will be the (1) total cost of the identified service multiplied by (2) the percentage of square footage of the space used by the Enterprise Fund. The DPS department moved to the Middle School building in March of 2016 and because there is no O&M cost data available, there are no operations and maintenance costs included in the indirect cost allocation for FY2022. Vehicle Maintenance support is allocated to the Water, Sewer and Solid Waste Enterprise funds as direct costs. 3 DEBT For reporting purposes, cost of debt and capital shall include the actual interest paid on revenue anticipation notes (RANS) for enterprise purposes, interest paid on grant anticipation notes (GANS) for enterprise purposes, interest charges on short term borrowing for bond anticipation notes (BANS) for enterprise purposes, and the annual principal and interest paid on bonds or loans used to finance the purchase of goods for enterprise purposes. The debt expense will be broken-out so that principal and interest by line item can be identified. Debt expense is a direct cost expense. OTHER EXPENSES Although this agreement is intended to identify services and expenses that are provided to the Enterprise Fund departments and how such costs shall be allocated between the Town and these departments for reporting purposes, it is recognized and further agreed that other costs which may be incurred by the Town that are not directly appropriated to the Enterprise Fund Departments, and have been identified to be in part or entirety expended on behalf of these departments shall be allocated and reported. Such allocation will be determined and mutually agreed upon. 4 TOWN OF MEDWAY ENTERPRISE FUNDS FY2022 INDIRECT COST ALLOCATIONS Town of Medway Select Board: ______ ______ ______ ______ ______ ______(date) 5 ADDENDUM A ADMINISTRATIVE SERVICES-SALARIES The cost of administrative services will be computed for salaries by dividing the salaries and employee benefits of the Enterprise Funds by the salaries and employee benefits of the total budget for these items for all departments, including school. $ 45,678,009 Budget amount of salaries and employee benefits for All departments. $ 1,092,890 Budget amount of salaries and employee benefits for Water Dept. $ 250,517 Budget amount of salaries and employee benefits for Solid Waste Dept. $ 436,209 Budget amount of salaries and employee benefits for Sewer Dept. by total salaries and 2.39% Divide Water Dept salaries and benefits $ 1,092,890 benefits $45,678,009 by total salaries and .55% Divide Solid Waste Dept salaries and benefits $ 250,517 benefits $45,678,009 by total salaries and .95% Divide Sewer Dept salaries and benefits $ 436,209 benefits $45,678,009 Application of percentages to Salaries and Employee Benefits of: Town Administrator's Office $ 463,431 Town Accountant's Office $ 253,436 Treasurer/Collector's Office $ 298,892 Human Resource’s Office $ 93,841 $ 1,109,600 Total Calculation of Indirect Costs for Administrative Services- Salaries: Percentage Indirect Cost Allocation for Total Admin Enterprise Administrative Services- Salaries Salaries Salaries Water $1,109,600 X 2.39 % = $ 26,548 Solid Waste $1,109,600 X .55 % = $ 6,086 Sewer $1,109,600 X 0.95 % = $ 10,596 6 ADDENDUM B ADMINISTRATIVE SERVICES-EXPENSES The cost of administrative services will be computed for expenses by dividing the expenses of the Enterprise Funds by the expenses of the total budget for these items for all departments, including school. $ 22,884,042 Budget amount of expenses for All departments. $ 2,444,495 Budget amount of expenses for Water Dept. $ 1,359,581 Budget amount of expenses for Solid Waste Dept. $ 1,487,844 Budget amount of expenses for Sewer Dept. 10.68% Divide Water Dept expenses $ 2,444,495 by total expenses $ 22,884,042 5.94% Divide Solid Waste Dept expenses $ 1,359,581 by total expenses $ 22,884,042 6.50% Divide Sewer Dept expenses $ 1,487,844 by total expenses $ 22,884,042 Application of percentages to Expenses of: Town Administrator's Office $ 34,040 Town Accountant's Office $ 53,365 Treasurer/Collector's Office $ 53,900 Human Resource’s Office $ 63,350 $204,655 Total Calculation of Indirect Costs for Administrative Services-Expenses: Percentage Indirect Cost Allocation for Enterprise Administrative Services- Total Admin Expenses Expenses Expenses Water $204,655 X 10.68% = $ 21,861 Solid Waste $204,655 X 5.94% = $ 12,159 Sewer $204,655 X 6.50% = $ 13,306 7 ADDENDUM C MIS/ IT Expense Allocation Water Sewer Solid Waste IS Salaries & Benefits 6,258 2,498 1,434 Software Annual Maintenance 11,926 11,764 11,764 Prof Technical/Supplies 3,472 2,113 1,931 Training 455 455 455 TOTALS $22,110 $16,830 $15,585 8 ADDENDUM D Water Enterprise Fund Estimated FY22: Annual Health Insurance $161,295.97 Workers Compensation $10,915.00 Medicare $10,867.85 Retirement 136,548.48 Property/Liability $23,756.00 $343,383.30 (Gross Wages) Medicare Employee: Health Insurance Medicare Wages Taxes (1.45%) EMPLOYEE 1 $1,668.96 EMPLOYEE 2 $3,417.19 EMPLOYEE 3 $1,557.69 EMPLOYEE 4 $3,894.23 EMPLOYEE 5 $4,556.25 EMPLOYEE 6 $3,144.97 EMPLOYEE 7 $0.00 EMPLOYEE 8 $1,947.12 EMPLOYEE 9 $17,085.94 EMPLOYEE 10 $2,086.20 EMPLOYEE 11 $5,503.70 EMPLOYEE 12 $2,358.73 EMPLOYEE 13 $17,085.94 EMPLOYEE 14 $1,168.27 EMPLOYEE 15 $11,793.65 EMPLOYEE 16 $3,144.97 EMPLOYEE 17 $1,168.27 EMPLOYEE 18 $1,668.96 EMPLOYEE 19 $778.85 EMPLOYEE 20 $0.00 EMPLOYEE 21 $7,973.44 EMPLOYEE 22 $11,793.65 EMPLOYEE 23 $3,144.97 EMPLOYEE 24 $5,695.31 EMPLOYEE 25 $7,973.44 EMPLOYEE 26 $3,369.61 EMPLOYEE 27 $13,366.14 EMPLOYEE 28 $1,168.27 EMPLOYEE 29 $5,695.31 EMPLOYEE 30 $17,085.94 $0.00 Salaries 749,507.00 10,867.85 $161,295.97 $749,507.00 $10,867.85 9 Solid Waste Enterprise Fund Estimated FY22: Annual Health Insurance $36,170.80 Workers Compensation $1,146.55 Medicare $2,586.87 Retirement 28,340.25 Property/Liability $3,867.06 $72,111.53 (Gross Wages) Medicare Employee: Health Insurance Medicare Wages Taxes (1.45%) EMPLOYEE 1 $417.24 EMPLOYEE 2 $389.42 EMPLOYEE 3 $778.85 EMPLOYEE 4 $2,278.13 EMPLOYEE 5 $786.24 EMPLOYEE 6 $0.00 EMPLOYEE 7 $1,572.49 EMPLOYEE 8 $1,572.49 EMPLOYEE 9 $786.24 EMPLOYEE 10 $778.85 EMPLOYEE 11 $417.24 EMPLOYEE 12 $778.85 EMPLOYEE 13 $1,139.06 EMPLOYEE 14 $2,278.13 EMPLOYEE 15 $1,572.49 EMPLOYEE 16 $389.42 EMPLOYEE 17 $2,278.13 EMPLOYEE 18 $389.42 EMPLOYEE 19 $2,278.13 EMPLOYEE 20 $842.40 EMPLOYEE 21 $778.85 EMPLOYEE 22 $2,278.13 EMPLOYEE 23 $11,390.63 EMPLOYEE 24 $0.00 EMPLOYEE 25 $0.00 EMPLOYEE 26 $0.00 Salaries $178,405.00 2,586.87 $36,170.80 178,405.00 $2,586.87 10 Sewer Enterprise Fund Estimated FY22: Annual Health Insurance $61,996.28 Workers Compensation $10,131.00 Medicare $4,388.96 Retirement 56,680.50 Property/Liability $325.00 $133,521.75 (Gross Wages) Medicare Employee: Health Insurance Medicare Wages Taxes (1.45%) EMPLOYEE 1 $834.48 EMPLOYEE 2 $2,278.13 EMPLOYEE 3 $778.85 EMPLOYEE 4 $2,336.54 EMPLOYEE 5 $2,278.13 EMPLOYEE 6 $1,572.49 EMPLOYEE 7 $0.00 EMPLOYEE 8 $5,841.35 EMPLOYEE 9 $5,695.31 EMPLOYEE 10 $1,251.72 EMPLOYEE 11 $1,572.49 EMPLOYEE 12 $5,695.31 EMPLOYEE 13 $778.85 EMPLOYEE 14 $3,931.22 EMPLOYEE 15 $1,572.49 EMPLOYEE 16 $834.48 EMPLOYEE 17 $389.42 EMPLOYEE 18 $0.00 EMPLOYEE 19 $2,278.13 EMPLOYEE 20 $3,931.22 EMPLOYEE 21 $1,572.49 EMPLOYEE 22 $2,278.13 EMPLOYEE 23 $2,278.13 EMPLOYEE 24 $1,684.81 EMPLOYEE 25 $2,358.73 EMPLOYEE 26 $2,278.13 EMPLOYEE 27 $5,695.31 Salaries 302,687.00 $4,388.96 $61,996.28 302,687.00 $4,388.96 11 TOTAL INDIRECT COSTS BY ENTERPRISE FUND ESTIMATED FY2022 Addendums Water Solid Waste Sewer A. Administrative Salaries $ 26,548 $ 6,085 $ 10,596 B. Administrative Expenses $ 21,861 $ 12,159 $ 13,306 C. IT Support $ 22,110 $ 15,585 $ 16,830 D. Employee Benefits $ 343,383 $ 72,112 $ 133,522 SUB-TOTAL $ 413,903 $ 105,941 $ 174,254 ADJUSTMENT for FY20 Actuals (8,653) (1,592) 3,091 FY22 ESTIMATED TOTAL 405,250 $ 104,349 $ 177,345 $ 686,944 12 AGENDA ITEM #7 Consideration of Public Event Application: Medway Community Church 5K Road Race - 8/28/2021 Associated back up materials attached. • Public event application • Lieutenant Kingsbury’s recommendation Proposed Motion: I move that Board approve the Medway Community Church 5K Road Race as presented subject to the Police Lieutenant’s recommendations and proof of appropriate insurance coverage 6-21-2021 Selectmen’s Meeting 6/10/2021 Print Screen quick search: Permit # Description License # Home My Activities Create Search Reports Support Center Administration Logoff Permit Project File #: 21-001552 Medway MA 02053 Medway Community Church 5K Road Race Permits Reviews Inspections Activities Documents Contacts History EDIT: Edit Permit: PE21-000005 File ADD: Permit #: PE21-000005 Activity Permit Type: Public Event Permit Address Sub Type: Road Race Alert Work Description: Medway Community Church 5K Road Race Contact Document Email Applicant: Community Church of West Med Inspection Status: Under Review Application Date: 06/10/2021 Letter Approval Date: Note Issue Date: Payment Expiration Date: Permit Route Close Date: Last Inspection: REPORTS: Custom Detail Applicant's Community Church of West Medw Event Date: 08/28/2021 Summary Organization: Event Hours: 9am-noon Location of Event: Medway Community Church, 196 Main Street; Assemble at 196 Main Street; Disperse from 196 Main Street Written Permission Select File Assembly Location, Select File of Property Owner: Route, Dispersal Location: Attach Map of Select File Route: Race Map copy.jpg Description of Event 5k run/walk will begin at 9am. We expect the race to end at the church then will have activities on our property including food trucks until noon. and Proposed Activities: Expected Number 100-125 Audience/Spectator 50-75 and Type of Estimate: Participants: Describe all crowd https://www6.citizenserve.com/Admin/PrintScreen_Page.jsp 1/2 6/10/2021 Print Screen control, traffic We will hire police detail at the police recommended areas. We will have volunteers throughout the route. We will also have people helping to park in the church parking lot at Slocumb Place. control, or other safety measures: Proof of Select File Insurance/Certificate 2020-21 Certificate of Insurance, Town of of Liability: Medway.pdf Requirements: You are required to provide the Town of Medway with Certificate of Insurance evidencing minimum public liability coverage of $1,000,000/$3,000,000 for the event and listing the Town of Medway as an additional insured. You may be required to obtain a police detail or other additional municipal services. Costs for these are the responsibility of the applicant and prepayment, a deposit, or surety for payment may be required. NOTE: Approval of permit is based upon Board of Selectmen's determination that event will not pose a substantial risk of endangering public health, safety or welfare, based upon its application of public safety criteria. If fundraising Provide evidence of Select File Estimated $2,500.00 non-profit status: IRS tax termination.pdf expenses: Estimated profit: $2,000.00 Describe how Proceeds will be donated to the Medway House, 17 Holliston Street, Medway and Franklin Food Pantry, 43 W Central Street, Franklin. proceeds will be expended: Workers Comp Select File Workers Select File Affidavitbs: 2020 Workers Compensation.pdf Compensation Policy MCC worker's comp.pdf Declaration/Summary Pagebs: https://www6.citizenserve.com/Admin/PrintScreen_Page.jsp 2/2 50MEDWAEDW SHUNDLEY DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/15/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Emery & Webb, Inc. PHONE (845) 896-6727FAX (845) 896-6877 989 Main Street (A/C, No, Ext): (A/C, No): E-MAIL Fishkill, NY 12524 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : GuideOne Mutual 15032 INSURED INSURER B : Medway Community Church INSURER C : 11 Slocumb Place INSURER D : Medway, MA 02053 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LTRTYPE OF INSURANCE INSDWVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED 1,000,000 X 1432192 8/25/2020 8/25/2021 PREMISES (Ea occurrence) $ MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 PRO- 3,000,000 POLICYJECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate is issued as proof of general liability insurance with regards to the Church's Food/Kitchen permit. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Town of Medway 155 Village Street Medway, MA 02053 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 6/17/2021 Print Screen quick search: Permit # Description License # Home My Activities Create Search Reports Support Center Administration Logoff Permit Project File #: 21-001552 Medway MA 02053 Medway Community Church 5K Road Race Permits Reviews Inspections Activities Documents Contacts History EDIT: View Review: Plan Review File ADD: Department: Police Start Date: 06/10/2021 Activity |Activity Type: Plan Review Due Date: 06/24/2021 Address Assign To: William Kingsbury Alert Permit #: PE21-000005 Medway Commun Completion Date: 06/16/2021 Contact Created On: Status: Document 06/10/2021 by System User Approved with comment Email Hours: 0.0 Inspection Billable: Letter Comments: I Approve this permit request with the understanding that approval is conditional upon the hiring of three detail officers to assure the safety of riders and the movement of traffic during the event. Note Payment Permit Route Review Comments REPORTS: # Comments Custom Detail Summary https://www6.citizenserve.com/Admin/PrintScreen_Page.jsp 1/1 AGENDA ITEM #8 One-Day Liquor License Applications: • James Prescott – Thayer Homestead – 7/10/2021 • Susan Callahan – Thayer Homestead – 7/11/2021 • Daniel San Clemente – Thayer Homestead – 7/24/2021 • Michelle Dwyer – Thayer Homestead – 8/7/2021 • Paula Arsenault – Thayer Homestead – 8/15/2021 • Meagan Angenete & Alva Wilson – Thayer Homestead – 8/21/2021 Associated back up materials attached: • Lieutenant Kingsbury’s recommendations for James Prescott, Susan Callahan, Daniel San Clemente, Michelle Dwyer, Paula Arsenault, and Meagan Angenete & Alva Wilson. Proposed Motion: I move that the Board approve the one-day liquor licenses as presented subject to the Police Lieutenant’s recommendation and proof of appropriate insurance coverage. 6-21-2021 Selectmen’s Meeting 6/4/2021 Print Screen quick search: Permit # Description License # Home My Activities Create Search Reports Support Center Administration Logoff Business License File #: 21-001493 2 LILLY ST MEDWAY MA 02053 not provided Licenses Reviews Inspections Activities Documents Contacts History EDIT: View Review: License Application Review File ADD: Department: Police Start Date: 06/03/2021 Activity |Activity Type: License Application Review Due Date: 06/10/2021 Address Assign To: William Kingsbury Alert License #: ODA21-000025 7.10.21 Prescott All Completion Date: 06/03/2021 Contact Created On: Status: Document 06/03/2021 by System User Approved with comment Email Hours: 0.0 Inspection Billable: Letter Comments: I approve of the issuing of this one-day alcohol license with the following stipulations: The alcoholic beverages served at this event will be purchased from a licensed alcohol wholesale distributor, as indicated on the license Note application and the Town of Medway's Alcohol Policy. A responsible adult with knowledge of Mass Liquor Laws shall be checking ID's of all Payment individuals served alcohol at this event. There will be no on-street parking on either side of Oak Street or License Route Review Comments REPORTS: # Comments Custom Detail Summary https://www6.citizenserve.com/Admin/PrintScreen_Page.jsp 1/2 6/7/2021 Print Screen quick search: Permit # Description License # Home My Activities Create Search Reports Support Center Administration Logoff Business License File #: 21-001512 22 OHLSON CIRCLE MEDWAY MA 02053 7.11.21 Callahan All Alc App - Thayer Licenses Reviews Inspections Activities Documents Contacts History EDIT: View Review: License Application Review File ADD: Department: Police Start Date: 06/07/2021 Activity |Activity Type: License Application Review Due Date: 06/14/2021 Address Assign To: William Kingsbury Alert License #: ODA21-000031 7.11.21 Callahan Al Completion Date: 06/07/2021 Contact Created On: Status: Document 06/07/2021 by System User Approved with comment Email Hours: 0.0 Inspection Billable: Letter Comments: I approve of the issuing of this one-day alcohol license with the following stipulations: The alcoholic beverages served at this event will be purchased from a licensed alcohol wholesale distributor, as indicated on the license Note application and the Town of Medway's Alcohol Policy. A responsible adult with knowledge of Mass Liquor Laws shall be checking ID's of all Payment individuals served alcohol at this event. There will be no on-street parking on either side of Oak Street or License Route Review Comments REPORTS: # Comments Custom Detail Summary https://www6.citizenserve.com/Admin/PrintScreen_Page.jsp 1/2 6/7/2021 Print Screen quick search: Permit # Description License # Home My Activities Create Search Reports Support Center Administration Logoff Business License File #: 21-001502 1 MAYFLOWER LANE MEDWAY MA 02053 7.24.21 SanClemente All Alc - Thayer Licenses Reviews Inspections Activities Documents Contacts History EDIT: View Review: License Application Review File ADD: Department: Police Start Date: 06/07/2021 Activity |Activity Type: License Application Review Due Date: 06/14/2021 Address Assign To: William Kingsbury Alert License #: ODA21-000027 7.24.21 SanClemen Completion Date: 06/07/2021 Contact Created On: Status: Document 06/04/2021 by System User Approved with comment Email Hours: 0.0 Inspection Billable: Letter Comments: I approve of the issuing of this one-day alcohol license with the following stipulations: The alcoholic beverages served at this event will be purchased from a licensed alcohol wholesale distributor, as indicated on the license Note application and the Town of Medway's Alcohol Policy. A responsible adult with knowledge of Mass Liquor Laws shall be checking ID's of all Payment individuals served alcohol at this event. There will be no on-street parking on either side of Oak Street or License Route Review Comments REPORTS: # Comments Custom Detail Summary https://www6.citizenserve.com/Admin/PrintScreen_Page.jsp 1/2 3/17/2021 Print Screen quick search: Permit # Description License # Home My Activities Create Search Reports Support Center Administration Logoff Business License File #: 21-000674 599 OLD WEST CENTRAL STREET B8 FRANKLIN MA 02038 8.15.21 Arsenault All Alc - Thayer Licenses Reviews Inspections Activities Documents Contacts History EDIT: View Review: License Application Review File ADD: Department: Police Start Date: 03/15/2021 Activity |Activity Type: License Application Review Due Date: 03/22/2021 Address Assign To: William Kingsbury Alert License #: ODA21-000003 8.15.21 Arsenault A Completion Date: 03/16/2021 Contact Created On: Status: Document 03/15/2021 by System User Approved with comment Email Hours: 0.0 Inspection Billable: Letter Comments: I approve of the issuing of this one day alcohol license with the following stipulations: The alcoholic beverages served at this event will be purchased from a licensed alcohol wholesale distributor, as indicated on the license Note application and the Town of Medway's Alcohol Policy. A responsible adult with knowledge of Mass Liquor Laws shall be checking ID's of all Payment individuals served alcohol at this event. There will be no on-street parking on either side of Oak Street or License Route Review Comments REPORTS: # Comments Custom Detail Summary https://www3.citizenserve.com/Admin/PrintScreen_Page.jsp 1/2 6/7/2021 Print Screen quick search: Permit # Description License # Home My Activities Create Search Reports Support Center Administration Logoff Business License File #: 21-001505 19 CAUSEWAY STREET MEDWAY MA 02053 8.7.21 Dwyer Wine & Malt App Thayer Licenses Reviews Inspections Activities Documents Contacts History EDIT: View Review: License Application Review File ADD: Department: Police Start Date: 06/07/2021 Activity |Activity Type: License Application Review Due Date: 06/14/2021 Address Assign To: William Kingsbury Alert License #: ODA21-000029 8.7.21 Dwyer Wine Completion Date: 06/07/2021 Contact Created On: Status: Document 06/06/2021 by System User Approved with comment Email Hours: 0.0 Inspection Billable: Letter Comments: I approve of the issuing of this one-day alcohol license with the following stipulations: The alcoholic beverages served at this event will be purchased from a licensed alcohol wholesale distributor, as indicated on the license Note application and the Town of Medway's Alcohol Policy. A responsible adult with knowledge of Mass Liquor Laws shall be checking ID's of all Payment individuals served alcohol at this event. There will be no on-street parking on either side of Oak Street or License Route Review Comments REPORTS: # Comments Custom Detail Summary https://www6.citizenserve.com/Admin/PrintScreen_Page.jsp 1/2 Medway Police Department 315 Village Street Phone: 508-533-3212 Medway, MA 02053 Fax: 508-533-3216 Emergency: 911 Allen M. Tingley Chief of Police May 07, 2021 Michael Boynton Town Manager Town of Medway William Kingsbury Lieutenant Medway Police Department RE: One-day liquor license for the Thayer Property for August 21, 2021 Sir, I have reviewed the request from Meagan Angenete and Alia Wilson of 197 Village Street Medway Ma for a one-day wine and malt beverage license for a Bridal Shower to be held at the Thayer House located at 2B Oak Street on August 21, 2021 from 9am-4pm with an estimated 80 persons in attendance. I approve of the issuance of this one-day liquor license with the following stipulation: The wine and malt will be purchased from a licensed alcohol wholesale distributor, as indicated on the license application and the town of Medway’s Alcohol Policy. A responsible adult, with some knowledge of Mass Liquor Laws will be checking ID’s of all individuals served beer and wine at this event. There will be no on-street parking on Mechanic and Oak Streets. Sincerely, William Kingsbury Lieutenant Medway Police Department AGENDA ITEM #9 Action Items from Previous Meeting Associated back up materials attached: • Action Items dated 6/7/2021 6-21-2021 Selectmen’s Meeting DATE ACTION ITEMS BOS WHO DUE - COMPLETED 1 7/6/2010 Street Acceptance Progress & Performance Security S. Affleck-Childs Ongoing IWRMP Task UAW Reports to Board Due NEXT on 2 Force Mtg Unaccounted for water loss status report & CRPCD Volume Report DPW July 2021 / December 2021/April 2022 3 6/18/2018 Medway Plaza Redevelopment Select Board Ongoing 4 8/13/2018 Report to BOS Strategic Plan for making fields more viable for youth sports EPFRAC Ongoing 5 11/5/2018 Conservation Restrictions for Town Owned Land TM & Conservation Offices Ongoing 12/3/2018 6 9/16/2019 Report to BOS usage of Electronic Vehicle Charging Station DPW April 2022 7 8/6/2019 Status on Grant Funding for Solar at New DPW Facility DPW Ongoing 8 2/3/2020 Updated Road and Sidewalk plan DPW February 2022 9 4/21/2020 13 & 15R Populatic Street--Decision on Home on Property once Treatment Plant is completed Select Board TBD 10 12/21/2020 Begin Planning Use of 123 Holliston Street Facility Committee July 1, 2022 11 5/17/2021 Potential Tax Review from Salmon, Glen Brook, Timber Crest, and 39 Main Street Finance Director September 30, 2021 12 6/7/2021 Revist EV Charging Stations post Install of 2 new to determine any need for rate adjustments DPW Post installation of 2 new stations 6/7/2021 AGENDA ITEM #10 Assistant Town Manager’s Report No associated back up materials. 6-21-2021 Selectmen’s Meeting AGENDA ITEM #11 Select Board Reports No associated back up materials. 6-21-2021 Selectmen’s Meeting