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HomeMy WebLinkAbout2016 Annual Town Report   TF TF OWN OF RAMINGHAM OWN OF RAMINGHAM M M ASSACHUSETTS ASSACHUSETTS Annual Report January 1, 2016 - December 31, 2016 In the year 1900, the Framingham Town Seal was the education and transportation. The Framingham State Normal School, a free public school and the first of its kind in America, is represented by the structure at the top of the design. Governor Danforth, the founder of Framingham and owner of much of its land, in the center. The wheel with spokes drawn as tracks radiating in six different directions transportation hub. Framingham played in the manufacture of hats and bonnets in the 1800s. I TC C ABLE OF ONTENTS ABLE OF ONTENTS OC IV RGANIZATIONAL HART EO&A V LECTED FFICIALS PPOINTMENTS GG ENERAL OVERNMENT BS 1 OARD OF ELECTMEN TM 3 OWN ANAGER TC 5 OWN LERK ER 8 LECTION ESULTS TC 37 OWN OUNSEL HR 53 UMAN ESOURCES VBS55 ETERANS ENEFITS AND ERVICES TS 56 ECHNOLOGY ERVICES FM 60 ACILITIES ANAGEMENT CBP 61 APITAL UILDING ROJECTS MS 62 EDIA ERVICES L 63 ICENSING F INANCE CFO 64 HIEF INANCIAL FFICER TA 65 OWN CCOUNTANT T/C 87 REASUREROLLECTOR BA 129 OARD OF SSESSORS PD 149 URCHASING EPARTMENT RS 150 ETIREMENT YSTEM PS&H UBLIC AFETY EALTH PD 151 OLICE EPARTMENT AP 154 UXILIARY OLICE AC 155 NIMAL ONTROL FD 157 IRE EPARTMENT HD 163 EALTH EPARTMENT IS 167 NSPECTIONAL ERVICES DW&M 170 EPARTMENT OF EIGHTS EASURES PW UBLIC ORKS E&T 171 NGINEERING RANSPORTATION HD 173 IGHWAY IVISION SD 176 ANITATION IVISION WWD 177 ATER AND ASTEWATER IVISION C&OS 179 ONSERVATION PEN PACE F,F,&CM 181 LEET ACILITIES OMMUNICATIONS ANAGEMENT A&F 183 DMINISTRATION INANCE II PED LANNING AND CONOMIC EVELOPMENT PB 184 LANNING OARD C&EDD OMMUNITY CONOMIC EVELOPMENT EPARTMENT ED 187 CONOMIC EVELOPMENT ZBA 194 ONING OARD OF PPEALS C 195 OMMUNITY DEVELOPMENT AND HOME PROGRAMS MWRTA 196 ETROEST EGIONAL RANSIT UTHORITY FHA 197 RAMINGHAM OUSING UTHORITY RCA ECREATION AND ULTURAL FFAIRS PRC 199 ARKS AND ECREATION OMMISSION R 200 ECREATION PM 201 ARKS AINTENANCE CC 202 EMETERY OMMISSION LA 203 ORING RENA CA/CC 204 OUNCIL ON GINGALLAHAN ENTER EL DUCATION AND IBRARIES FPS 206 RAMINGHAM UBLIC CHOOLS KTS 220 EEFE ECHNICAL CHOOL FPL 225 RAMINGHAM UBLIC IBRARY GC ENERAL OMMITTEES CAC 230 ABLE DVISORY OMMITTEE CBC 230 APITAL UDGET OMMITTEE CC 230 ULTURAL OUNCIL CCAC 231 USHING HAPEL DVISORY OMMITTEE DC 231 ISABILITY OMMISSION EGCC 232 DGELL ROVE EMETERY OMMISSION FHC 232 AIR OUSING OMMITTEE FC 232 INANCE OMMITTEE GSC 234 OVERNMENT TUDY OMMITTEE HDC 235 ISTORIC ISTRICT OMMISSION HC 235 ISTORICAL OMMISSION HRC 236 UMAN ELATIONS OMMISSION RPC 236 EAL ROPERTY OMMITTEE TAC 236 ECHNOLOGY DVISORY OMMITTEE TM OWN EETING TM 238 OWN ODERATOR SC TANDING OMMITTEES SCCS 240 TANDING OMMITTEE ON OMMUNITY ERVICES SCE 240 TANDING OMMITTEE ON DUCATION SCPZ 241 TANDING OMMITTEE ON LANNING AND ONING SCPS 241 TANDING OMMITTEE ON UBLIC AFETY SCPW 242 TANDING OMMITTEE ON UBLIC ORKS SCR 243 TANDING OMMITTEE ON ULES SCWM 244 TANDING OMMITTEE ON AYS AND EANS TMJ OWN EETING OURNAL TMA 246 OWN EETING TTENDANCE F23,2016STM#1 255 EBRUARY PECIAL OWN EETING F23,2016STM#2 257 EBRUARY PECIAL OWN EETING A26,2016ATM 259 PRIL NNUAL OWN EETING M26,2016STM 312 AY PECIAL OWN EETING S1,2016STM 317 EPTEMBER PECIAL OWN EETING O18,2016STM 318 CTOBER PECIAL OWN EETING III IV ETO LECTED OWN FFICIALS Town Clerk Robert M. Dodd 2019 Valerie Mulvey 2017 Elizabeth F. Fideler, Chair 2019 Ruth S. Winett 2019 Town Moderator William E. Wray 2019 Teri S. Banerjee 2017 Planning Board Board of Selectmen Christine A. Long 2017 Cheryl Tully Stoll 2017 Thomas F. Mahoney 2018 Laurie Lee 2017 Stephanie A. Mercandetti 2018 Jason A. Smith 2018 Lewis Colton 2019 Charles J. Sisitsky 2019 Victor A. Ortiz 2019 Cesar A. Monzon 2019 Housing Authority School Committee Janice M. Rogers 2019 Michelle Brosnahan 2017 Robert L. Merusi 2019 James H. Stockless 2017 Stephen P. Starr 2017 Donald C. Taggart, III 2017 Phyllis A. May 2018 Beverly K. Hugo 2018 Edgell Grove Cemetery Trustees James J. Kelly 2018 Susan Silva 2018 Heather A. Connolly 2017 John J. Silva 2019 Richard A. Finlay 2017 Dennis Cardiff 2020 Regional Vocational School Peter E. Whiting2021 Committee Barbara W. Ford 2017 A. J. Mulvey2017 Charter Commission Michael M. Rossi 2017 Teri S. Banerjee Indefinite James Cameau 2018 Adam S. Blumer Indefinite John H. Evans, III 2018 Dennis W. Cardiff Indefinite Myra Bushell 2018 Dennis L. Giombetti Indefinite Larry Cooper 2019 George P. King, Jr. Indefinite Linda B. Fobes 2019 Janet Leombruno Indefinite John M. Kahn 2019 Valerie Mulvey, Chair Indefinite Jason A. Smith Indefinite Library Trustees John A. Stefanini Indefinite Arthur M. Finstein 2017 Samuel L. Klaidman 2017 State Legislators Jo-Anne Thompson 2017 Senator Karen Spilka (D) Elizabeth Roy 2017 Representative Jack Patrick Lewis (D) Maria E.L. Barry 2018 Representative Chris Walsh (D) Eric Doherty 2018 Representative Carmine Gentile (D) Janet L. Harrington 2018 Nancy Coville Wallace 2018 V SMA ENIOR ANAGERIAL PPOINTMENTS Town Manager Public Health Director Robert J. Halpin Michael J. Blanchard Assistant Town Manager Veterans Benefits & Services Director James P. Duane Peter Harvell Police Chief Conservation Administrator Kenneth M. Ferguson Robert D. McArthur Fire Chief Elder Services/Callahan Senior Center Director Joseph Hicks Grace O’Donnell Town Counsel Public Works Director Christopher J. Petrini Peter Sellers Chief Financial Officer Town-Owned Buildings Foreman Mary Ellen Kelley James J. Paolini Technology Services Director Human Services Policy & Program Carly Premo Melo Coordinator Town Accountant Vacant Richard G. Howarth, Jr. School Superintendent Treasurer/Tax Collector Dr. Edward Gotgart (Acting) Carolyn R. Lyons Planning Board Administrator Chief Assessor Amanda L. Loomis William G. Naser Library Director Human Resources Director Mark Contois Dolores Hamilton Liaison to the State Ethics Commission Chief Procurement Officer Christopher Petrini, Esquire Jennifer Pratt Building Commissioner/Inspectional Services Director Michael A. Tusino Community & Economic Development Director Arthur P. Robert Chief Engineer William Sedewitz Parks & Recreation Director James Snyder VI BSA OARD OF ELECTMEN PPOINTMENTS Agricultural Advisory Commission Jacob Binnall 2017 Tyler Rodgers 2019 Stephen Bransfield 2017 Peter E. Whiting2017 R. Evan Davis 2017 Thomas Hanson, Chair 2018 Dudley Stephan 2019 Conservation Commission Carolyn Fox 2019 Sam Bade 2017 Jacqueline Mennino 2018 William G. Merriam 2018 Robert Bois, Chair 2018 Bicycle and Pedestrian Advisory Priya Gandhbir 2019 Committee Jennifer Forman Orth 2019 William Hanson, Chair Indefinite Eve Lewinger 2017 Edward Kross Indefinite TJ Liveston 2017 Joseph Repole Indefinite Thomas Branham 2017 Constables Ben Gustafson 2017 R. Scott Gonfrade 2019 Bruce Ingle 2019 Paul L.M. Kelley 2019 Sean McCarthy 2019 Board of Health Paul A. Nardizzi 2019 David W. Moore 2017 Marjorie Goldin 2019 Laura Housman 2018 Nelson Goldin 2019 Judith Wester 2018 Rachel A. Minutolo 2019 Michael R. Hugo, Chair 2019 Henry Ohrenberger 2019 Tammy C. Harris 2019 William Pickett, Jr. 2019 Barry Sims 2019 Cable Advisory Committee Elizabeth A. Fuller 2017 Annabel Z. Dodd, Chair 2017 Steven Driver 2018 William Peter Barnes 2017 Morton J. Shuman 2017 Cultural Council Ron J. Rego 2018 Joel Winett 2018 Norma Shulman 2019 Judith Levine 2018 Mary Jane Dotson 2017 Cemetery Commission Norma Kent 2017 Kathleen F. Hauck 2017 Esther Powell 2018 David Gudejko 2019 Katie O’Callaghan 2017 Joseph Kaufman 2019 Kathryn Sucich 2017 Cindy Camuso (Ex-Officio) 2017 Community Development Committee Anne Arvedon 2017 Cushing Chapel Board of Trustees Beverly C. Good, Chair 2017 Edward T. Levay, Jr., Chair 2018 Pablo Maia 2017 Deborah Butler 2017 Edgar Roth 2017 Geri Weinstein 2017 VII Disability Commission Fence Viewer Elise A. Marcil2017 Eric Johnson 2018 Susane Santone 2017 Michael Tusino 2018 Craig Coleman2018 Historic District Commission Dennis Moran 2018 Henry Field2017 Karen Foran Dempsey, Chair2019 Ted Grenham (Alternate) 2017 Richard A. Finlay 2019 Helen Lemoine 2017 Rose Quinn 2019 Stephen Greeley (District Resident) 2017 Susan Bernstein (Realtor) 2018 Economic Development & Industrial Amy D. Finstein (Alternate Arch. Hist)2018 Corporation Calvin Smith 2018 Richard J. Donovan 2017 Gerald Couto, Chair 2018 Maureen E. Dunne 2017 Julie A. Ferrari 2019 Dan Rao 2017 James Kubat (Architect) 2019 Christopher DiBenedetto 2018 Andrew Mackin (Alternate) 2019 Michael Gatlin, Chair 2018 Scott W. Wadland 2018 Historical Commission Richard Gallitto 2019 Lewis Colten 2017 Susan Martone 2017 Elderly & Disabled Tax Fund Jane B. Whiting 2017 Committee Gerald Couto 2018 William G. Naser, Chief Assessor Indefinite Thomas Joseph Schuetz 2018 Carolyn Lyons, Treas./Collector Indefinite Paul F. Silva2019 Elizabeth Matterazzo Indefinite Frederic Wallace, Chair 2019 Howard Rouse Indefinite Eric C. Finn Indefinite Human Relations Commission Robert Anspach, Chair2017 Emergency Management Director Timothy Lee2017 Steven Trask(Police) Indefinite John Schaefer 2018 Michael E.N. Genovese 2019 Emergency Management Assistant Priscila Soares Sousa 2017 Directors Kevin Murphy 2018 Michael Dutcher (Fire)Indefinite Mary Jane Dotson 2018 Kathryn D. Ronconi (DPW) Indefinite Kevin Aguirre 2018 Blaise Tersoni (Police) Indefinite Metro Area Planning Council Fair Housing Committee Robert Halpin 2017 Robert Anspach 2017 (Ex-officio, HR Comm.) Nathalie Jean 2017 (Ex-officio, CED Dept.) MetroWest Regional Transit Authority Bob Merusi (2018 Ex-officio, F. Housing Auth) Cheryl Tully Stoll 2017 Druba Sen 2017 Cynthia Cobb 2018 Park and Recreation Commission Brandale Randolph 2018 David Gudejko 2017 Susan DiClemente Aaron 2018 Phillip Reitz2017 Edgar Roth 2019 Joseph Kaufman 2018 Cynthia M. Silva 2019 Joan Klan Rastani, Chair 2018 Kathleen F. Hauck2019 VIII Town Historian Zoning Board of Appeals Frederic Wallace Indefinite Susan S. Craighead 2017 Philip R. Ottaviani, Chair 2018 Tree Warden Stephen Meltzer 2019 Francis Pawluczonek2018 Edward V. Cosgrove (Associate) 2017 Joseph Norton (Associate) 2017 Veterans Council Robert Snider (Associate)2017 Dawn Ross 2018 Richard A. Constant 2019 ZBA --Sign Appeals Board (Three Nicholas Paganella 2019 Associate Members) Eric C. Finn 2017 Edward V. Cosgrove, Chair, and two Daniel Schuldman 2018 additional Associates review applications William Blumsack 2018 based on availability and absence of conflict Gerald Blanchette 2018 of interest. Peter Harvell, VSO Ex-officio Indefinite Local Water Resource Management Official Peter A. Sellers Indefinite IX AM PPOINTMENTS BY THE ODERATOR As Capital Budget Committee Real Property Committee Jeanne Bullock, Chair 2017 Robert Bolles 2017 David F. Miles (Fin Com Rep) 2018 Mark McClennan 2017 Kevin P. Crotty 2018 Kathy Vassar 2017 Edward J. Kross 2018 Judy Leerer 2018 Richard J. Weader, II 2016 Diane Pabst 2018 Dan Rao 2017 Andrea Carr-Evans 2019 Martin Ned Price, Chair 2019 Finance Committee Christine Long (Planning Board Representative) 2017 Ambar Sarkar 2017 Cesar A. Monzon (Selectmen Dan Lampl 2018 Representative) 2017 Nancy Wilson 2018 Heather Connolly (School Committee David F. Miles 2018 Representative) 2017 Mahmood Akhtar, Chair 2019 Nancy Wilson (Fin Com Representative)2017 Michael P. Cannon 2019 Joan Rastani (Park Commission Elizabeth Funk 2019 Representative) 2017 Kurt Steinberg 2017 TJ Liveston () 2017 ConCom Representative Government Study Committee Technology Advisory Committee Wolf Haberman 2018 Ruzhuo Li 2014 Barbara LeDuc 2017 Vale Sundravel 2017 Mel Warshaw, Chair 2017 Edward Kane 2018 Sue Bernstein 2016 Samuel W. Dowd2019 Ed Mann 2016 Adam C. Levensohn 2019 Bradley C. Bauler 2018 Randall Cohen, Chair 2018 Harold Moran 2019 Personnel Board Roger Ahlfeld, Chair 2018 Stephen Rollins 2017 Stanley Lichwala 2019 Marvin Bernstein 2017 X MA ISCELLANEOUS PPOINTMENTS Registrar of Voters Board of Assessors Eng Cho 2018 Elizabeth Fekete2017 Linda A. Fields 2016 Arthur Holmes 2017 Bruce C. Wester 2017 Kathy Peirce 2017 All of the above Appointed by Selectmen Appointed by the Chief Financial Officer with approval of Valerie Mulvey 2017 the Town Manager Appointed by default as Town Clerk Council on Aging Loring Arena Committee Clyde Dottin, Chair 2018 Richard Callahan 2018 Linda Belleville 2018 Richard D. Ryan 2018 Rick Killigrew 2018 Jack Jagher 2018 Martin Cohen 2018 Robert Lewis 2018 Betty Muto 2018 Joan Klan Rastani 2018 Kellianne Erath 2018 Joseph Tersoni 2018 Fred Wallace 2018 Appointed by Town Manager Michelle Quinn Smith 2017 Lawrence J. Griffin 2018 Retirement Board Five appointed by the Board of Selectmen, six by Richard Howarth, Jr., Chair & Ex-officio the Council on Aging Mary Ellen Kelley 2017 Housing Authority Jon Fonseca 2017 John W. White 2018 Janet Leombruno 2019 Peter Rovinelli, Elected 2019 Appointed by the MA Department of Housing Two members appointed by Selectmen, two elected & Community Development by members, one appointed by Retirement Board XI BS|TM|TC|TC|HR OARD OF ELECTMEN OWN ANAGER OWN LERK OWN OUNSEL UMAN ESOURCES TS|FM|CBP ECHNOLOGY ERVICES ACILITIES ANAGEMENT APITAL UILDING ROJECTS MS|L EDIA ERVICES ICENSING Board of Selectmen 1IQSVMEP&YMPHMRK6Q``WIPIGXQIR$JVEQMRKLEQQEKSZ1IQSVMEP&YMPHMRK6Q``WIPIGXQIR$JVEQMRKLEQQEKSZ From left to right: Cesar A. Monzon, Jason A. Smith, Cheryl Tully Stoll, Laurie Lee and Charles J. Sisitsky During 2016, the Framingham Board of As a Board, we support the replacement Selectmen has had a variety of of the antiquated Saxonville fire station accomplishments. We have developed a close working relationship with the School Department resulting in the joint selection Additionally, there were improvements of a strong School Building Committee to serve the town and an agreed upon budget resulting in greater depth and quality of number long before Town Meeting began. applicants and we approved a new policy General Government1 Town of Framingham2016 Annual Town Report regarding the actions of individuals Memorial Building was successfully appointed by the Board to assure greater completed resulting in traffic and accountability and civility. streetscape improvements that have received many accolades. In the spring we were notified was that the boiler powering the heating system in We also made progress on the cleanup the Danforth Building was no longer efforts of contaminated south side eligible for certification. This revelation properties. The Board pressured led to months of concerted effort to Eversource to speed up its progress on relocate the many building tenants. cleaning up the legacy pollution at 350 Irving Street. Meanwhile, the Town has Due to the Selectmen exercising our Right entered Phase II of the Mary Dennison of First Refusal to purchase the Millwood Park cleanup sharing the financial burden Golf Course, Town Meeting agreed to a of the project with the Avery Dennison plan that preserved 30 acres of accessible manufacturing corporation. open space for passive recreation in perpetuity at no expense to Framingham Our prestigious Blue Ribbon Building taxpayers, and the developer agreed to Committee completed their report and build only active adult housing which will recommendations on our town-owned not place further burden on Framingham buildings, resulting in a comprehensive schools. facilities roadmap. The Board also executed an agreement The Board recognizes that the cultural with the MWRTA to expand and manage diversity of Framingham is changing every day and embraces the uniqueness that station. The MWRTA will be doing the diversity brings to the community. same with the station itself which will dramatically improve its appearance and In conclusion, the Board strives to keep the rider experience. This project is the best interests of all Framingham viewed as an integral component to the residents in mind as we make the many redevelopment of our downtown. complex decisions that are needed to effectively navigate a strong future for our On other transit fronts the Town moved community. forward by installing its first formal bike lane on Water Street as part of our Respectfully Submitted, Complete Streets program. As part of the Cheryl Tully Stoll, Chairman downtown roadway beautification project, the removal of the rotary in front of the General Government2 Town of Framingham2016 Annual Town Report TM OWN ANAGER Memorial Building, Room 121 | 508-532-5400 | Town.manager@framinghamma.gov Dear Residents, Businesses and Taxpayers commercial taxpayers. This lowers the of Framingham, high tax burden on businesses in Framingham and has created a useful tool I am pleased to present my annual report in the future to avoid or limit the impacts as Town Manager for calendar year 2016. of sudden declines in commercial values that suddenly shift the tax burden back The official tax rate for the Town, onto residential taxpayers. Lastly, we have approved by the MA Dept. of Revenue created a $4,000,000 Capital Projects this past November 2016, represents the Stabilization Fund that will help fund a third and final year of a three-year budget portion of a new middle school likely to plan with a goal of using a portion of be constructed as soon as 2019. projected group health insurance savings to reduce the property tax burden in The past year has seen further progress in Framingham. implementing our development vision for Downtown Framingham. By the end of Many of you are probably aware that state the year there were two emerging law allows the total property tax levy to residential development proposals under increase by not more than 2.5% from year new residential zoning in the Central to year. This is the customary increase in Business District. Also, significant is the total taxes that sustains our ability to substantial completion of the Downtown provide municipal services to Roadway and Streetscape project. This Framingham residents and businesses. In progress bodes well for exciting establishing the goal of sharing a developments in 2017. substantial portion of our expected health insurance savings with taxpayers, I am The Town has been fortunate enough to pleased to report that this kept those be invited into the Massachusetts School annual increases in the total tax levy well below that annual 2.5% maximum. School Construction Grant Program. The Specifically, in FY 2015, the levy increased invitation sets in motion a very detailed by only 1.05%; followed by 0.65% in FY process of evaluating options to build a 2016, and finally 1.75% in this current much-needed middle school in year. In other words, the total levy Framingham one that will likely replace increase of the three years was limited to the aging Fuller Middle School. The 3.45% rather than the 7.5% increase invitation sets the stage for the MSBA customarily allowed. This results in a total reimbursing the town an estimated 57% three-year savings to the average of approved construction costs for the residential taxpayer in Framingham of new school. The final reimbursement rate more than $800. will be known when a final acceptance of We were also able to moderate the extent approved. to which we shift the property tax burden from residential taxpayers onto General Government3 Town of Framingham2016 Annual Town Report In April, the Town Manager selected and dedication of the new Christa McAuliffe the Board of Selectmen concurred in the Library in Nobscot and, equally important appointment of Joseph Hicks as the new the reopening of Main Library Downtown Fire Chief to lead the Framingham Fire following an explosive electrical fire set off by a contractor in the fall of 2015. was already making his positive impact on the future of this critical department. Throughout 2016 the Town Manager and the Division of Community and The Town has long pursued permitting of Economic Development continued to a local water supply at the Birch Road well work diligently with the owner of the field off Old Conn Path in Saxonville. vacant Nobscot Shopping Center and the The proposal met with intense opposition Nobscot neighborhood on a development in the previous state administration but scenario for the shopping center that with the election of new Governor the would create sufficient financial incentives project is getting a renewed look. Under for the owner to terminate the long term new statewide water management programs, which seek to assure adequate Supermarkets and redevelop the property. stream flows in local rivers and streams, By the end of the year we presenting the permitting of the well field remains conceptual plans for a mixed use uncertain but funding sponsored by our residential and retail development legislative delegation, the Executive Office centered around a free-standing CVS store of Energy and Environmental Affairs at the intersection of Edgell and Water approved a $500,000 to update pumping Streets, a 163-unit multifamily residential data and promised a fresh objective development, and 8,000 square feet of review of the well permit. retail space facing Water Street. Discussions with the neighborhood will With encouragement from the Board of be continuing. Meanwhile the owner took Selectmen, given the magnitude of the the step of demolishing the vacant Texaco need to catchup on much needed building gas station building. improvements, the Town Manager created a Blue Ribbon Building Committee. The I am pleased with the amount support we Town Manager and the committee have been able to provide for the together have compiled a Comprehensive development of renewable solar electricity Municipal Building Plan, the first year of in Framingham. Through our continued which will be advanced at the Annual use of so-called Net Meter Credit Town Meeting in May 2017. Particular Agreements under which we agree to attention will be given to the long overdue purchase the surplus energy produced, we replacement of the aging and functionally enable a major 1.62 megawatt rooftop obsolete Fire Station 2 in Saxonville with solar installation at Shoppers World. Our a new station to be proposed at a location Green Communities motivated As-Right on A Street. The School Committee Zoning for solar has led to a major solar approved the transfer of a parcel of land power in the form a parking lot canopies between one of its high school parking at the Adessa automotive facility at the lots and the A Pump Station for this site of the old GM plant on Western Ave. purpose. As part of our Massacjusetts Green Congratulations to the Framingham Communities program commitment to Public Library on the opening and reduce our overall energy consumption by General Government4 Town of Framingham2016 Annual Town Report 20% over five years, we completed a consumption is in buildings and 75% of major energy efficiency project involving that is in already efficient school buildings. municipal and school buildings and LED So, in the year ahead we will look at eight streetlights. We made good progress different strategies to further reduce towards meeting that 20% reduction goal energy, including wider deployment of but it is evident that further work is hybrids and electric vehicles in our fleet. required to achieve it. 66% of our energy By virtue of a generous open of the fifty year-old Loring Arena and to space/recreational property tax break to the construction of the first ever dedicated the Millwood Golf Course, the Town was Skate Park facility in Framingham near entitled to a right of first refusal when the Farm Pond. Both projects should be owners announced that they would sell under construction during 2017. the course and allow it to be developed. The Town Meeting ultimately opted to Looking back on the year, I extend a not to purchase the 65-acre parcel but its overall support of the value of open space Selectmen, all the Town divisions and led to a negotiated settlement that departments as well as all of our preserves substantial portions of the employees who worked so collaboratively property for public open space and limits to make 2016 such a successful year. the ultimate size of the Active Adult Residential Development being proposed Sincerely, at the site. The Annual Town Meeting and the Fall Robert Halpin Special Town Meeting took important Town Manager actions leading to the complete renovation TC OWN LERK Memorial Building, Room 105 | 508-532-5521 | Townclerk@framinghamma.gov and supervises staff. Among many other and source of information for most callers responsibilities, Lisa produces the Town and visitors to the Memorial Building. Meeting Journal, maintains the Town th Framingham is the 14 most populated Clerk page on the Town website, and municipality in Massachusetts. 68,318 along with the Town Clerk administers residents were counted in the 2010 US the qualifying oath to appointed State Census. 39,722 Framingham residents are officials and appointed and elected Town registered to vote. The presence of a birthing hospital, numerous nursing officials. Lisa has earned her Certified homes and many assisted living facilities Municipal Clerk designation from the contribute to our substantial work load. International Institute of Municipal Clerks. In the absence of the Town Clerk Assistant Town Clerk Lisa Ferguson the Assistant Town Clerk assumes the manages our daily operations in the Town authority and responsibilities of that Clerk and Election Divisions. She trains position. General Government5 Town of Framingham2016 Annual Town Report The Town Clerk Division is responsible related street listing; recording Town Meeting votes, filing Town Meeting vital records. Administrator Coordinator original documents, preparing the Emily Black and Administrator Elena Attorney General Bylaw submissions and Finehouse registered 637 deaths and 609 posting the bylaws when they are marriages and issued 4284 dog licenses approved. and 484 business certificates in 2016. Our revenue total was $226,259. Other The Annual Town Meeting met over responsibilities include but are not limited twelve nights in April and May. Special to: processing and issuing burial permits, Town Meetings met on February 23, May st death certificates, marriage licenses, 24 and, September 21. Two Special marriage certificates and underground Town Meetings were held on October 18 storage tank permits; collecting fines for and the Fall Special Town Meeting met the Board of Health, Conservation over 7 nights from October 18 to Commission, Police Department, Building November 1. and Public Works Departments and Animal Control; maintaining all In 2016, Lauren registered 6226 new permanent Public Way Access permits, voters, deleted 2569 voters, amended the Zoning Board of Appeals, Planning Board records of 38,738 voters and processed and Historic Commission decisions and 4251 absentee ballots. Four elections were appeals; conducting genealogy searches held in 2016: the Presidential Primary and and issuing raffle permits. Emily is also Town Election (14% turnout), the State responsible for processing affidavits of Primary (5.65%) and the State Election correction of vital records, posting (76%). We are grateful to many people for meetings and agendas and ensuring that assisting us in providing excellent service the 48 hour requirement is met, recording to our voters. These include but are not Conflict of Interest receipts and limited to: School Superintendents Scott registering births. and Evans who provide accessible voting locations at their schools and the As a result of the Vitals Information principals who loan us their cafeterias, Partnership (VIP) System we now receive gyms and parking spaces on election day; all births to Framingham residents James Paolini, Brent Blair and Town electronically. This has doubled the time Facilities Management staff, Matt Torti necessary for the process. In 2016, 1044 and Ernie Moreau and School Building births at MWMC were registered and 396 and Grounds staff, Domenic Jannetti and out of town births were processed for a Keefe Tech Facilities staff; Reverend total of 1440 births to Framingham Volmar Scaravelli and Reverend Charles residents. In October, 2015 the Death Williams who generously provide St. VIP system became operational. This has Tarcisius and Wesley United Methodist significantly increased the work involved Parish Centers as voting locations at no in processing burial permits and death cost and our election workers who work certificates. 15+ hour days to serve the voters. Lauren DiGiandomenico is the Election The Board of Selectmen, Town Coordinator. The Election Division is employees, Town Officials, Town responsible for: conducting the Annual Moderator and Town Meeting Members Town Census and elections; maintaining provide consistent support to this office. It is a pleasure to work with them and General Government6 Town of Framingham2016 Annual Town Report with all who participate in our commend my small dedicated staff for administration and government. their hard work, professionalism and knowledgeable, friendly attitudes. They I am very grateful for the support of our dedicated, knowledgeable Town Manager, excellent customer service. and Division and Department Heads. It is a privilege to call them my colleagues. Respectfully submitted, Valerie Mulvey, Town Clerk Finally and most importantly I thank and General Government7 Town of Framingham2016 Annual Town Report TC OWN OUNSEL Memorial Building, Room 127 | 508-532-5406 | cpetrini@framinghamma.gov I. Introduction & Overview conjunction with specific warrant articles. We also provide advice and guidance to Petrini & the various committees of Town Meeting, pleased to provide the 2016 Annual and attend meetings of such committees Report of the Office of the Town as needed. Counsel. P&A operates the Office of the Town Counsel in accordance with Article Over the past several years, this office has II, Section 5 of the General Bylaws. We represent the Town in litigation and litigation with efficiency, focus and appear on behalf of the Town before all positive results. Included in Section II of courts and administrative agencies of the this report is a comprehensive list Commonwealth. In addition, we serve as describing the status of cases that were a liaison and a resource to various special active in 2016, as required by Article II, counsel and insurance counsel Section 5.8 of the General Bylaws. representing the Town in a variety of legal Included in Section III of this report is a matters. We also attend meetings of Budgetary Overview section that boards, committees and commissions of summarizes the revenue, mitigation and the Town as necessary or as requested. avoided expenses that this office helped P&A also drafts legal documents for achieve for the Town in 2016. Town officials, boards and commissions upon request, and reviews legal contracts, II.2016 Report on Status of deeds and agreements to which the Town Framingham Cases is a party. We provide advice and opinions to the Board of Selectmen, In accordance with Art. II. Sections 5.8 Town Manager, and various boards, and 1.5 of the General Bylaws, below is a committees, commissions, division heads list of the Framingham cases that were and department heads in accordance with active in 2016. I have included the case the Town bylaws and the Board of name, type of case, and a brief description of the case with the 2016 activities and Counsel and Confidentiality of Attorney-2017 activities through March 6, 2017 Client Communications. summarized in the last column on the right. This section is divided into two In our capacity as Town Counsel, we parts. Part A summarizes cases that are attend the Annual Town Meeting and all handled by this office, Part B summarizes special town meetings and we are available cases handled by special counsel or to provide opinions at such meetings insurance counsel, and Part C summarizes upon request. We also review all non-School Department cases of which we are petition warrant articles prior to inclusion aware. (P&A does not serve as full in the warrant, and are available to review counsel to the School Department but and comment upon written motions rather assists with specific matters upon submitted in advance upon request in request.) General Government37 Town of Framingham2016 Annual Town Report A. OFFICE OF TOWN COUNSEL CASES MATTERTYPE2016 STATUS/DISPOSITION 58 Exchange Realty Zoning variance to Colbea Enterprises, LLC for a canopy within v.Zoning Board of the front setback at 601 Old Connecticut Path. The complaint also Appeals, et al. names as a defendant Colbea Enterprises, LLC, which as the permit grantee is the real party in interest. This office has filed a notice of appearance in this matter. Burke v. Zoning Zoning variance to SirleiEvangelista foradditions within required front Board of Appeals, et and side setbacks of the Zoning By-lawat 37 Little Farms Road. al. The complaint also names as a defendant Mr. Evangelista, which as the permit grantee is the real party in interest. This office has filed a notice of appearance in this matter. Declaratory/This is an action seeking declaratory and injunctive relief to enjoin Butler v. Town of Injunctive Framingham their subsequent assessments pursu complaint also asks that the town be required to recalculate the nting of and action plan to address both taxes wrongfully collected and taxes due and owing as a result of a miscalculation of taxes. After discovery, the Town moved for summary judgment. After oral argument, the Superior for summary judgment to plaintiff lacked standing to pursue her claims. The plaintiff appealed the decision to the Massachusetts Appeals Court. On February 17, 2017, the Appeals Court affirmed the lower court judgment in favor of the Town. The plaintiff recently filed an application seeking further appellate review by the Supreme Judicial Court. P&A will oppose this application. Declaratory/ This action seeks to challenge Article 36 of the 2016 ATM, which Butler v. Injunctive Framingham Board article was passed by a large majority of Town Meeting. The of Selectmen plaintiff alleges that the home rule petition sought by the article would be unconstitutional. The plaintiff sought a preliminary injunction to block the Town from filing the home rule petition claims as motion. As of the date of filing this report, the plaintiff had not yet filed an appeal but the appeal period has not yet lapsed. While General Government38 Town of Framingham2016 Annual Town Report the home rule petition was timely filed with the Legislature, the Legislature to date has declined to enact the home rule petition while this litigation remains pending. Zoning Butler v. Brendon special permit for the planned development of an assisted living Properties Northside, facility at 518 Pleasant Street, f/k/a the Marist House. The LLC et al plaintiff alleges violations of the state Conflict of Interest Law, G.L. c. 268A, §§2 and 23, against the permit applicants and each of the members of the ZBA. The plaintiff also made a complaint to the State Ethics Commission, which issued a letter deciding, after review, to end its investigation of the allegations. All fail as a matter of law for several reasons, including her failure to meet the conditions precedent for a private causeof action under Chapter 268A. A hearing was held in August 2016. The Superior against the defendant ZBA members and all other defendants. As of the date of filing this report, the plaintiff had not yet filed an appeal but the appeal period has not yet lapsed. Zoning This was an appeal under G.L. c. 40A, §17 from the denial of a C.A.P., Inc. v ZBA special permit application for automobile storage at 350 Irving Street. The application by C.A.P., Inc. was one of several applications for 350 Irving Street that was before the ZBA. The main tenant is Landscape Depot but many sub-tenants applied for special permits. After hearing, the ZBA denied the application filed by C.A.P., Inc. C.A.Pappealed to Land Court. The Land Court stayed the case until C.A.P. obtained an attorney, and on March 8, 2016, entered a judgment of dismissal against C.A.P. due to the failure of C.A.P. to obtain an attorney. This matter is now closed. Centore v. Pisoand Zoning a variance to John Piso with respect to lot frontage requirements at Zoning Board of 450 Edgell Road. The complaint also names as a defendant Mr. Appeals, et al. Piso, who as the successful permit grantee is the real party in interest. This office has filed a notice of appearance in this matter. Citimortgage v. Real EstateThis is a Land Court Action for reformation of a deed brought by Town of Framingham Citimortgage against the record owners and mortgagors, Eugene and Matterazzo Matterazzo, Jr. and Nancy Matterazzo. Counsel for Citimortgage filed and argued a motion for summary judgment in 2015 requesting that the Court reform and deed description in the deed from the Townto the Matterazzos and include this parcel in the mortgage to be foreclosed. The Land Court denied the motion without prejudice, and subsequently ordered that the Town be brought into the litigation as a necessary party. The Town subsequently agreed toa stipulation that provided updated deed General Government39 Town of Framingham2016 Annual Town Report information. In January 2017, counsel for Citimortgage filed a motion for summary judgment advising the Land Court that Citimortgage and the Matterazzos were unable to agree to either dismissal or an agreement forjudgment. After opposition by the Matterazzos, the Land Court will take the case under advisement for disposition. Colbea Enterprises, Certiorari/Sign In this Land Court action, ColbeaEnterprises, LLC, challenges the Sign LLC v. Framingham Bylaw Sign Bylaw to include lighting on signage at its property. After Colbea Zoning Board of originally sought relief under G.L. c. 40A (the Zoning Act), the Town Appeals mov † this matter under G.L. c. 249, 4 (the certiorari statute). The Town is in the process of assembling the record of proceedings in this matter and will file such record in accordance with Superior Court Standing Order 1-96. South Middlesex Land UseThis matter concerned an appeal of the conditions of approval Realty Group, LLC issued by the Planning Board in a June 13, 2013 decision for (successor to Paul Definitive Subdivision Plan pursuant to M.G.L. c. 41, § 81M for Croft) v. Planning Board/Board of by various letters to the Planning Board from the Board of Health. Health The plaintiff contended that the conditions of approval were unreasonable and beyond the authority of both the Planning Board and the Board of Health. The parties cross-moved for summary judgment in July, 2016. Following a hearing the Superior Court entered judgment for the Planning Board and Board of Health. South Middlesex Realty Group, LLC recently dismissed its appeal with prejudice. The Town defendants prevailed inthis litigation and this matter is now closed. DeRosa v. Wage ActThis case concerned a claim for unpaid wages by a member of the FraminghamPolice Department for hours worked off-duty caring for the -9.Officer DeRosa alleged the Town failed to pay him approximately $77,106.88 for alleged hours worked. The Town denied that it failed to fully compensate Officer DeRosa for caring for the K-9.This matter settled and the case was dismissed with prejudice in April 2016. This matter is now closed. Fox v. Framingham Civil RightsThis was a lawsuit filed against the School Committee, the Town School Committee and certain School Department officials by Kevin Fox, a former and Town of Framingham High School guidance counselor.The complaint Framinghamasserted several statutory, constitutional and civil rights claims agai allegation that he was retaliated against by the school officials for his objection to their response to an alleged sexual assault on a female student by a male student in or about April 2012. The plaintiff contended that school officials ignored or rejected his recommendations in the aftermath of the alleged assault and then General Government40 Town of Framingham2016 Annual Town Report retaliated against him over the course of several months before he resigned in March 2013. The plaintiff amended his complaint in June, 2014 to add the Framingham School Committee as a party. His amended complaint sought damages from the School Committee and the individually named school employee defendants, including compensatory and punitive damages, compensation for his alleged emotional pain and suffering, because it was not the employer of the school officials. The Court case by the Court in July 2014. Discovery among the remaining parties concluded in 2015, and the remaining school defendants moved for summary judgment, which was allowed in part by the Court in an August 2016 decision. Following the decision, the parties engaged in mediation and reached a tentative settlement. Town Meeting voted to approve the settlement at the February 7, 2017 Winter Special Town Meeting. The case has now been dismissed and this matter is closed. This matter concerned an unfair labor practice charge alleging that Framingham Police Labor the Town violated Chapter 150E by failing to provide the Union Officers Union & with certain information related to an ongoing internal Town of Framingham Town (MUP-16-5088) denied any violation of the law. Following an investigation conference, the Department of Labor Relations dismissed the charge finding there was no probable cause of an unfair labor practice. The Union appealed the dismissal to the Commonwealth Employment Relations Board (CERB). CERB affirmed the dismissal in an August 2016 decision. This matter is now closed. This matter concerns an unfair labor practice charge alleging that Framingham Police Labor the Town violated Chapter 150E by not allowing FPOU unit Officers Union & members to work out-of-town details. The Town denies the Town of Framingham charge because there was no past practice by the Town permitting (MUP-17-5757) Framingham officers to work out of town details. An investigative conference is scheduled for April 2017. This matter concerns an unfair labor practice charge alleging that Framingham Police Labor the Town violated Chapter 150E by declining to pay certain FPOU Officers Union & members for Town of Framingham collective bargaining agreement only permits the Town to give (MUP-17-5758) investigators, and the practice discovered after an audit was that more than 15 officers were paid specialist pay and such payments conference is scheduled for April 2017. General Government41 Town of Framingham2016 Annual Town Report This matter concerns a demand for arbitration challenging the Framingham Police Labor placement of police officer Matthew Gutwill on paid Officers Union & administrative leave following the results of an internal Town of Framingham investigation. The Town filed an action in Superior Court seeking (AAA No. 01-16- to enjoin the arbitration from going forward because the decision 0004-5776) to place an officer on paid administrative leave is a management & the Union agreed to dismiss the arbitration and the Town in turn Town of Framingham voluntarily dismissed the court case. This matter is now closed. v.Framingham Police Officers Union This matter concerns a demand for arbitration over the Framingham Police Labor reassignment of police officer Matthew Gutwill from a special Officers Union & assignment with the Drug Enforcement Administration to the Town of Framingham Patrol Division. The Town believes that the reassignment of (AAA No. 01-17- personnel is a management prerogative that is non-arbitrable and 0000-4033) recently filed an action in Superior Court seeking to enjoin the & for preliminary injunction is expected to occur in April 2016. The Town of Framingham arbitration has not yet been scheduled. v.Framingham Police Officers Union This matter concerns a joint petition filed in March 2016 by the Framingham Police Labor Town and the Union with the Joint Labor Management Committee Superior Officers regarding the negotiation of a successor agreement between the Association JLMC Town and the union. The previous agreement expired June 30, Petition wage increases, work schedule, use of sick leave for FMLA, compensatory time, sick leave documentation and complaint handling procedures, among other issues. The parties mediated the matter over several sessions in 2016 with the assistance of staff from the JLMC but have been unable to reach an agreement. Further mediation has been scheduled for March 28, 2017. Ifthe parties cannot reach agreement an interest arbitration will be scheduled by the JLMC. Framingham-Franklin ZoningThisis an action pursuant to G.L. c. 40A, §17, appealing a LLC v. Zoning Board decision of the Framingham Zoning Board of Appeals, which of Appeals Building Commissioner had denied plaintiff Framingham- requested that the Building Commissioner take enforcement action against the construction of a Dunkin Donuts restaurant at 430 Franklin Street in Framingham. The complaint neglected to name as a defendant the owner of 430 Franklin Street, SEDE Realty, LLC, which is the real party in interest. After the ZBA served the plaintiff with a motion to dismiss for failure to name a necessary party, SEDE was brought in as a defendant. Thereafter SEDE General Government42 Town of Framingham2016 Annual Town Report motion in an order dated February 10, 2017. As of the date of filing ofthis report, no appeal has been filed but the appeal period has not yet run. This office will represent the Town in any appeal proceeding that Framingham-Franklin commences prospectively. Framingham-Franklin CertiorariThis case involves an action challenging the Zoning Board of LLC v. Zoning Board of Appealsof a notice of violation under the Sign Bylaw and accompanying order requiring the removal of two dilapidated freestanding signs atthe Mt. Wayte Plaza owned by the plaintiff. The Town moved to dismiss the complaint in January, 2016. After argument, the dismissed the complaint. Framingham-Franklin LLC appealed the Court argument for April 12, 2017. Huntington Wetlands/This case involves an appeal of a Conservation Commission order Properties, LLC v. Certioraridenying a notice of intent to construct a single-family home and Conservation associated site improvements at 13 Pelham Avenue.The CommissionCommission issued its denial orders under the Wetlands Protection Act and the Framingham Wetlands Protection Bylaw, respectively, on December 31, 2012. motion for judgment on the pleadings held in August, 2014, the Court issued judgment in favor of the Conservation Commission. The plaintiff purported to file a noticeof appeal, however, the Court has not yet docketed any appeal and to date the plaintiff has not pursued the matter further. This matter involves an appeal by a property owner challenging Lewis v. Zoning Zoning Board of Appeals affirming the determination of the Building Commissioner that the Land Court has set a discovery deadline of June 9, 2017. The ZBA has propounded interrogatories and a request for production has scheduled a status conference for March 22, 2017. This Superior Court case concerns an appeal under G.L. c. 30A, s. Manelis v. Administrative Framingham Board Appeal parking ticket appeal in January 2017. The Town recently of Selectmen answered Mr. Ma proceedings, following which it is anticipated the parties will cross-move for judgment on the pleadings. This case concerned claims by the owner of property located at McManus v. Construction 423-425 Concord Avenue for alleged property damage from a Framingham et al. DPW project in or about 2012. The plaintiff brought claims against the Town, the general contractor, P. Gioioso & Sons, Inc. General Government43 Town of Framingham2016 Annual Town Report The Town tendered defense and indemnification for this claim to insurance defense counsel Pierce, Davis & Perritano. A motion to dismiss the was allowed on July 23, 2015 without prejudice to allow the plaintiff to restate her claim against the Town. The Court allowed March 2016. This matter is now closed. This case involves an appeal by an applicant for original Neves-Grigg v. Civil Service appointment as an entry level police officer who was bypassed for Framingham Police appointment due to various issues discoveredduring the Police Department application. The appellant voluntarily withdrew the appeal shortly after filing it. This matter is now closed. This was the first of three Paulini lawsuits, and it has recently been Paulini Loam, LLC v. Zoning dismissed after the Land Court decided the third lawsuit (as Zoning Board of described below), and the Appeals Court recently upheld the Land Appeals, Land Court third lawsuit. This first lawsuit Misc. Case No. arose from the following events. In December of 2005, the 318083 KCL special permit to construct a concrete batching plant at 597 Old Connecticut Path.At the time ofthe initial application, the property was zoned General Manufacturing. Paulini claimed that the concrete batching plant was allowed as of right under Section any description utilizing processesfree from neighborhood Manufacturing district.The Building Commissioner ruled that the proposed use required a special permit under Section III.G.2 as a rious or obnoxious noise, vibration, smoke, gas, fumes, odors, dust or other After appealing this decision, Paulini proposed a revised project that became the subject of a third lawsuit, and thereafter sought a stay of this case.After the Land Court decided the third lawsuit (discussed below), it issued an order in 2016 dismissing this first action as moot. This matter is now closed. Thisis the second of three Paulini lawsuits and recently was Paulini Loam LLC v. Zoning dismissed by the Land Court. This second lawsuit arose from the Zoning Board of following events. In December of 2005, a Special Town Meeting Appeals, Land Court approved two amendments to the Zoning By-law, one of which Misc. Case No. changed thezoning designation of the area, including 597 Old 325212 KCL Connecticut Path, to Office/Professional, such that the proposed use became prohibited and could not be authorized even through a special permit. Paulini filed this second lawsuit challenging the General Government44 Town of Framingham2016 Annual Town Report validity of the Zoning By-law amendments.After the Land Court decided the third lawsuit (described below, it issued an order in 2016 dismissing this first action as moot. This matter is now closed. This case is the third and final lawsuit filed by Paulini Loam, LLC, Paulini Loam, LLC v. Zoning Zoning Board of Appeals, Land Court concrete manufacturing plant proposed for 597 Old Connecticut Misc. Case No. 09 MISC 401214 KCL second is a request for a declaratory judgment that the proposed use of the site for a concrete manufacturing facility is allowed by right under the Zoning Bylaw. After discovery, the ZBA filed a motion for summary judgment because it is not disputed that the plans submitted to the Building Commissioner showed a structure, within the meaning of the ZoningBylaw, within a required judgment. The Land Court held a nine-day trial of this case in this matter in subsequent filing of post-trial briefs, heard closing arguments. In 2015, the Court issued a memorandum and order awarding judgment to Paulini. The Town filed an appeal thereafter, and 2016, the Appeals Court issued a decision in February 2017 is now closed. RLA Realty, LLC, et Zoning issuance of a decision allowing special permits to One al. v. Planning Board Framingham Centre inconnection with the development of and One Framingham commercial property to house an International House of Pancakes Centre, LLC property owned byRLA and DA Realty, LLC. Shortly after commencing this litigation, RLA reached an agreement with One Framingham Centre, LLC and all parties executed a stipulation of dismissal. This matter is now closed. These two lawsuits involved the Town and SB General SB General Construction Contracting v. Town of Framingham I project that was performed primarily in 2010.The Project consisted of work on two streets, New York Avenue and California Avenue, and principally involved replacing existing SB General sewer force mains with new larger diameter force mains.In Contracting v. Town March of 2011, SB filed a suit against the Town in Norfolk of Framingham II Superior Court, claiming the Town breached the Project General Government45 Town of Framingham2016 Annual Town Report agreement by failing to pay SB for certain work performed on the Project.SB alleged $341,021 in damages plus interest, which the Town disputed.The parties attempted to resolve the matter through voluntary mediation, but were unable to reach agreement primarily due to the assertion against the Town in April and May of 2012 of third party claims by two private property owners and the Commonwealth of Massachusetts alleging that Asbestos Containing Materials (ACM) from the Project site were improperly disposed in a residential area in Milford, Massachusetts during the summer of 2010, with estimated clean- up costs in excess of $750,000.The property owners also claimed unspecified property damages, emotional distress and other damages. The Town filed suit against SB in July 2012 in Middlesex Superior Court seeking defense and indemnification and other relief pertaining to the asbestos dumping issue.The parties conducted pre-trial discovery and motion practice in that case. The Town subsequently moved for summary judgment and obtained a favorable court ruling that SB had a duty to defend the Town under the applicable defense and indemnity clause agreed to by SB in the contract documents. The Town and SB, along with other potentially responsible parties, also engaged in pre-suit negotiations as required by G.L. c. 21E, § 4A related to the Milford asbestos dumping site.Following mediation in August 2013, the parties agreed on a cost sharing arrangement for the remediation of the Asbestos Containing Material (ACM) soil pile that included an exchange of releases between the parties. the total settlement of $975,000, consisting of $100,00 in construction costs paid to SB and $75,000 towards the cleanup.This settlement was approved by the Special Town Meeting on October 16, 2013. The ACM soil pile was removed in 2014 within budget by the asbestos contractor hired by the parties pursuant to thesettlement agreement, and a certificate of compliance for the site was issued by MassDEP in September 2014. The Commonwealth threatened to commence suit and seek civil fines of up to $25,000 per day against the Town and the other parties for various statutory violations pertaining to the improper soil disposal. resolve the alleged statutory violations without litigation were completed in late 2016, and the Commonwealth recently filed a complaint and a joint motion to enter a consent judgment, which General Government46 Town of Framingham2016 Annual Town Report was allowed by the Court on March 8, 2017. A modest ($35,000) monetary penalty imposed on the Town ill become void provided the Town commits no violations of the applicable statutes during the three-year period from March 9, 2017-March 8, 2020. As part of the Consent Judgment, the Town also agreed to various injunctive relief relative to oversight, recordkeeping and training to avoid a similar event from occurring in the future. This case involves a case appealing the denial of zoning Talmo v. Zoning Zoning/Land enforcement filed by Robert Talmo, owner of the property at 28 Board of AppealsUse Nixon Road, seeking enforcement with respect to the abutting property at 30 Nixon Road. Mr. Talmo alleges that a barn on the property at 30 Nixon Road, which is used for residential living space, is not in compliance with the Zoning Bylaw. After conducting a trial December 7, 2015, Judge Speicher of the Land Court issued judgment in favor of the Defendants. Thereafter the action. After conducting a further trial limited to the issue of standing in July 2016, the Land Court issued judgment in the Defendants favor on January 9, 2017, concluding that the Plaintiff had not demonstrated aggrievement and therefore lacked standing in this matter. The Plaintiff recently appealed this ruling to the Massachusetts Appeals Court. We will represent the Town in this appeal in 2017. Town of Framingham Contractinsurance v.Berkeley Assurance Company indemnity for the above-referenced case of Fox v. Framingham. The denial that the school officials were aware or should have been aware of circumstances that would give rise to a claim under the policy well before the July 1, 2013 inception date of the policy, and failed to di policy application prior to the inception date of the policy. The Town filed its Complaint in this matter on November 3, 2014 seeking declaratory judgment and violation of Chapter 93A/176D against Verus/Berkley. The defendants filed a counterclaim on December 8, 2014, which the Town answered. The Town subsequently amended the complaint to add claims against covering school officials, which the Town contended was in was resolved as part of the settlement of the Fox litigation, with Berkley agreeing to contribute $125,000 towards the overall General Government47 Town of Framingham2016 Annual Town Report settlement of $175,000 paid to Mr. Fox. This matter has been dismissed with prejudice and is now closed. Town of Framingham EnvironmentalThis case concerns claims under G.L. c. 21E for response costs v.Seven Forty Nine,incurred by the Town due to environmental contamination LLCencountered below the public right-of-way during a DPW project, which the Town alleges originated from the property located at 749 Worcester Road, which is owned by the defendant, Seven Forty Nine, LLC. The parties engaged in pre-suit mediation in 2016 but were unable to resolve the case. The Town recently filed suit in the Middlesex Superior Court and will conduct discovery and seek reimbursement of approximately $500,000 in response costs paid by the ratepayers. Trustees of Century Condominium This matter is a case or alleged unpaid common area condominium Estates Lienexpenses. The plaintiff has named the Town as a defendant/party- Condominium Trust in-interest insofar as the property is in tax title. In March, 2017, v.Morrison, et al.the Plaintiff and Town filed a joint motion for entry of judgment B. SPECIAL COUNSEL/INSURANCE DEFENSE COUNSEL CASES Below is a list of significant cases that presently are being handled by special counsel or insurance defense counsel. MATTERTYPESTATUS Bower v. Town of TortThis matter concerns a property damage claim from an alleged Framinghamdefect in a Town sewer main. The plaintiffs allege damages to Travelers, has assigned the law firm Pierce, Davis and Perritano to defend this claim. Discovery is ongoing. Fromberg v. Civil RightsThis case concerns claims of violations of civil rights by an Framingham Police individual stemming from an alleged incident with the police in DepartmentOctober 2015. The case was recently filed and the Town has tendered this case to its insurer and is awaiting the assignment of defense counsel. Gagne v. Town of DiscriminationThis was a Superior Court action filed against the Town by a Framinghamformer employee in January, 2015 for alleged handicap discrimination under G.L. c. 151B. This case originally was the subject of a Charge of Discrimination filed with the Massachusetts Commission Against Discrimination (MCAD) against the Town by a former employee. The MCAD dismissed the matter with counsel shortly before the investigative conference. The plaintiff General Government48 Town of Framingham2016 Annual Town Report subsequently commenced this action in the Superior Court. The Town filed an answer on January 26, 2015. The Town was represented in this case by insurance defense counsel Morrison Mahoney LLP. This matter was settled for a nominal sum in November 2016. The case has been dismissed with prejudice and this matter is now closed. Gutwill v. Town of Employment/ This federal lawsuit involves claims of whistleblower retaliation Framingham et alCivil Rightsand violations of Section 1983 against the Town and Police Chief Ferguson by police officer Matthew Gutwill, who alleges he was removed from his assignment as a DEA Task Force Officer in retaliation for filing a complaint regarding another officer. The Travelers, has assigned the case to the law firm of Pierce, Davis and Perritano to defend the Town and Chief Ferguson in this matter. Discovery is ongoing. Roach v. Green et alCivil RightsThis case concerned a civil rights claim against certain police officers alleging excessive force during the course of an arrest in April 2013. The defendant officers denied the allegations and the law firm of Louison, Costello, Condon & Pfaff to represent the officers in the suit. This matter was settled prior to trial in November 2016 and is now closed. Stamps v. Town of Civil RightsThis case arose from the accidental shooting of Eurie Stamps on Framingham, et al.January 5, 2011 in connection with a Framingham Police The Middlesex District Attorney conducted an investigation and determined that the shooting was accidental and that criminal charges would not issue against FPD Officer Paul Duncan, who Estate filed an action against the Town and others in the U.S. District Court for the District of Massachusetts, alleging claims for civil rights violations and wrongful death. The Town was defended in this case by Massachusetts Interlocal Insurance shooting, which retained the firm of Brody, Hardoon, Perkins and Kesten to represent the Town. On July 1, 2014, the Town filed a motion for partial summary judgment seeking dismissal of all counts pending against the death under G.L. c. 258, § 2. The Court issued a decision dated all counts except those set forth under Counts 2 and 3 alleging Fourth Amendment violations based on the alleged use of United States Court of Appeals for the First Circuit. The plaintiff General Government49 Town of Framingham2016 Annual Town Report cross- claims against Officer Duncan. The First Circuit issued a decision on February 5, 2016 affirming the partial denial of the defend motion for summary judgment. The parties mediated the case and reached a settlement in September 2016, all of which was paid by MIIA (except for the this matter is now closed. This federal lawsuit involves claims of whistleblower retaliation Stuart v. Town of Employment/ and violations of 42 U.S.C. section 1983 against the Town and Framingham et alCivil Rights Assistant to the Chief of Police Brian Simoneau by Vincent Stuart, a formerFramingham police officer who was terminated in February of 2017 for wrongful conduct. The plaintiff alleges that he was retaliated against for making a complaint regarding Mr. Simoneau to the Chief of Police. The Town denies the allegations. s insurer, Travelers, has assigned the law firm of Pierce, Davis and Perritano to represent the Town and Mr. Simoneau is this matter. Discovery is ongoing. C. SCHOOL DEPARTMENT CASES (OF WHICH TOWN COUNSEL IS AWARE) Below is a summary of cases of which this office is aware involving the Framingham School Department. This office does not represent the School Department and provides these summaries for informational purposes based on information known to us. These cases are being handled by insurance counsel or Boston-based Morgan Brown & Joy, Labor counsel to the School Department. Camargo v. Durham DiscriminationThis case concerns a claim of discrimination based on national School Services et alorigin by a bus d contractor that provides transportation services, who has alleged The School Committee denies wrongdoing and has tendered defense of this matter to Durham School Services based on the expense). We understand this matter remains pending at MCAD. Cuddy v. DiscriminationThis case concerned a claim of discrimination by a School Framingham Public Department employee. This matter was defended by insurance Schools Mediation occurred in April 2016 and we understand a settlement was reached. DeOliveira v. DiscriminationThis case concerned a claim by a former School Department Framingham Public employee of age discrimination. This matter was defended by Schoolsinsurance defense counsel assigned by AIG. We understand a settlement was reached. General Government50 Town of Framingham2016 Annual Town Report Haak v. Framingham DiscriminationThis case concerned a claim of discrimination by a School Public SchoolsDepartment employee. This matter was defended by insurance counsel assigned by AIG. We understand a mediationoccurred in April 2016 and the matter was settled. Smith v. Framingham DiscriminationThis case concerns a racial discrimination claim by a former School Public SchoolsDepartment employee. The matter was initially filed at MCAD in August 2014, but wasremoved and a complaint was filed in Superior Court in May 2016. The School Department is being defended in this matter by School Labor Counsel, Morgan, Brown & Joy. Discovery is ongoing. Saviatto v. DiscriminationThismatter concerns a claim by a former School Department Framingham Public employee who alleges she was wrongfully terminated and Schools et aldiscriminated against based on her national origin and race. The Department is being defended in this matter by School Labor Counsel, Morgan, Brown & Joy. Discovery is ongoing. Viti v. Framingham DiscriminationThis matter concerns claims of gender discrimination and Public Schoolsretaliation by a School Department employee alleging she was wrongfully terminated from her position as a volleyball coach based on her gender. This matter is being defended by insurance counsel assigned by AIG. We understand the matter remains pending at MCAD. III.Budgetary Overview As in past years, I would like to conclude this report with a brief discussion of budgeting and legal expenses. In 2016 this office continued its positive track record of procuring new revenue for the General Fund or helping to avoid the imposition of additional costs to the Town. The services provided by the Office of the Town Counsel have resulted in monetary benefits to the Town that has resulted in direct revenue, mitigation and avoided expenses approximately double $725,000. Below is a chart summarizing the revenue, mitigation and avoided expenses achieved in FY 2016 by the efforts of the Office of Town Counsel working with other departments, boards or commissions, or through the substantial assistance of Town Counsel. A.FY 2016 Revenue, Mitigation and Avoided Expenses Matter:Description: Payments Received Payments received in FY2016 for sewage transport under the from Ashland for February 13, 2004Decision issued by the Department of sewage transport in Telecommunications and Energy, and pursuant to the January 1, 2007 FY 2016IMA between Ashland and Framingham. This represents more than a $664,086.07100-fold increase over what Framingham received from 1964-2003 (Revenue) under the 1963 Intermunicipal Agreement with Ashland ($5500 per General Government51 Town of Framingham2016 Annual Town Report year). Through FY 2016 the Town has received over $9 million dollars in payments from Ashland ($9,091,456.26) under the successful 2004 Decision litigated by Town Counsel and the 2007 resulting IMA negotiated by Town Counsel. Pelham Apartments By virtue of a favorable summary judgment ruling achieved in the and Framingham Pelham litigation, the Town ceased trash collection at the 550 units at Housing Authority the PelhamApartments in approximately 2004, which results in Trash Collectionavoided expenses estimated at more than $100,000 per year. For the $300,000same reason, the Town ceased trash collection at approximately 1,000 (Avoided Expense)units owned by the Framingham Housing Authority, thus realizing savings of approximately an additional estimated $200,000 per year. These savings amount to approximately $300,000 per year on an annual recurring basis without adjusting upwards for inflation. Calvao, et al. v. Town As a result of the United States Court of Appeals for the First of Framingham $150,000 (Avoided Expense)-day work period under 29 U.S.C. 207(k), the Town has avoided liability to date for approximately $1,500,000 in damages, in view of the federal law that against parties found to have violated the Fair Labor Standards Act. Additionally, the Town has to date avoided the need to pay FLSA overtime to officers who work more than 40 hours per week (CBA overtime is paid), thus saving the Town approximately $150,000 per year on an annual basis. After extensive research, Town Counsel was able to locate a Framinghamresponsive insurance policy from 1982. Based on this policy, the $36,561.74 in FY 15Town engaged in negotiations with the insurer. Based on theses (Revenue) and negotiations, we were able to obtain reimbursement of legal fees paid estimated $300,000 to special counsel of over $36,000 in FY 2015, with substantial future (Avoided legal fees and potential indemnity or settlement expenses avoided in Expense)=$366,561.74 future estimated to exceed $300,000 in total. TOTAL FY 2016: $1,210,647.80 While Petrini & Associates cannot promise that the revenue, mitigation and avoided expenses achieved in FY 2016 will continue at the same level in the future, we will continue to exercise creativity, diligence, and our best legal skill to address the litigation that does arise as we advocate on behalf of the best interests of the Board of Selectmen and the taxpayers of the Town. CONCLUSION In closing, the attorneys and staff at Petrini & Associates, P.C., wish to thank the Board of Selectmen and the residents of Framingham for the opportunity to serve as your Town Counsel. Christopher J. Petrini Petrini & Associates, P.C. Town Counsel General Government52 Town of Framingham2016 Annual Town Report HR UMAN ESOURCES Memorial Building, Room B7 | 508-532-5490 | Fax: 508-532-5497 The Human Resources Division consists serve for 3-year terms and may not hold of the Department of Human Resources other Town offices. and the Department of Veterans Services. Employment Judy Caron is a Human Resources Human Resources Generalist/Analyst. She manages the The department of Human Resources has employment and recruitment process, multiple responsibilities related to future, including advertising, reviewing current, and past employees. The employment applications, interviewing department is responsible for overseeing candidates, facilitating and conducting the recruitment and hiring process of new pre-employment background checks. In employees for all Town positions, in 2016 Judy hired 165 full and part time accordance with the established Town employees, of those 64 were temporary policies and procedures, as well as the seasonal employees. She conducted 182 onboarding process. In addition, the CORI/SORI background checks on employment candidates. She coordinates analysis and compensation plans; drafts, the Department of Transportation, personnel policies and procedures; plays a drug and alcohol testing program. In key role in negotiating and interpreting all 2016, there were 76 random drug/alcohol collective bargaining agreements; fosters tests. Judy administers the Town Family harmonious, engaged, productive labor Medical Leave Act (FMLA) policy and and employee relations; performs cost and ensures legal compliance with the Federal staffing analysis; assists in employee FMLA law. In 2016, Judy managed thirty- development and training; maintains and three FMLA leaves. She is also involved analyzes employee benefit packages; and with employee counseling and conducted oversees employee recognition programs. 28 exit interviews in 2016. Additionally, the department administers Benefits the Town, School and Retiree benefits Robin Tusino is the Benefits Manager. She is responsible for administering all compensation, Family and Medical Leave employee benefits including, health, Act (FMLA) leaves of absence and dental, life and disability insurance unemployment insurance programs. programs for the Town, the Schools and Personnel Board the retirees. She is responsible for new The Personnel Board serves in an employee benefits orientations and advisory capacity to the Town Manager coordinates open enrollment periods. In and the Human Resources Director, who 2016 she enrolled 246 School and Town has jurisdiction over personnel functions. employees in health insurance and other This 5-member Board is appointed by the benefits. Robin met with 49 teachers to Town Moderator. The Personnel Board review retirement benefits, explain members must be Framingham residents, Medicare and complete benefit enrollment General Government53 Town of Framingham2016 Annual Town Report forms. She processes payments of all Administration and Social Media insurance related accounts as well as Renan Pinheiro is the Financial claims for death and disability. Robin Coordinator. Renan assists with budget works closely with all active, former and preparation, tracking accounts, retired Town and School employeescoordinates payment of all department . Max Bastos is the Benefits Assistant. He compensation, unemployment and other assists with day-to-day benefit departmental bills. He is also responsible administration, conducts new employee for the department accounts receivables, orientation, and assists with enrollment directly billing employees, retirees and and disenrollment of employee benefits. surviving spouses for their portion of the He is also responsible for the health insurance benefits premiums. In Consolidated Omnibus Budget 2016 Renan sent out almost 1500 bills. Reconciliation Act or COBRA for Town Renan is also in charge of the and School employees. In 2016 the Benefits staff processed 201 COBRA He is multi-lingual and helps with notifications to Town and School translation services. Employees. Susan Embree is the D Administrative Assistant. She provides Richard Lamb is a Human Resources excellent customer service, greeting each visitor to the department, making them feel welcome and assisting them in any compensation program for Town and School Department employees, including directions, walking someone to the right reviewing accidents, coordinating medical department or helping them fill out a job claims, lost work time, light duty and application. She provides administrative return to work programs. Richard also support to the division, coordinates runs the Safety Committee for both the monthly meetings with benefit vendors, Town and the School Department. One goal of the Human Resources Department She also plans and coordinates special is to create a culture of Safety for all Town projects such as employee training and Employees, including School employees, development programs, Employee starting with New Employee Orientation. Appreciation Events, Annual Tree We have added Safety Training to each Lighting and other special events. -two employees attended in 2016. In the past The department is committed to year thirty-three employees attended the developing a highly efficient, diverse, and OSHA 10 General Industries Safety and well-trained workforce that serves our twenty-nine employees Health Hazard employees, retirees and citizens in a Communication in Workplaces program courteous, respectful and professional and Hazardous Communications all from manner. Town Departments. In the School Department, sixty employees attended Respectfully submitted, Back Pain Prevention & Avoidance Dolores Hamilton, Training, and sixty-five attended Blood Director of Human Resources Bourne Pathogen & Working Safely with Power Tools training. General Government54 Town of Framingham2016 Annual Town Report VBS ETERANS ENEFITS AND ERVICES Memorial Building, Room B11 | 508-532-5515 | veterans@framinghamma.gov the Girl Scouts at the Framingham The Mission of the Veterans Benefits and History Center; and attended the Vietnam Services Department is to aid, assist, advise and advocate for veterans and their and Mexican Border Service Memorial dependents regarding their rights to dedications in Framingham. benefits and services. We conducted the interment of George We have two new staff members. Craig Boulanger, USN, WWII, with full military Sullivan, USCG Senior Chief, retired after honors and unveiled the federal headstone 28 years, is the new Assistant Veteran of Barker and McQuinn at St. Stephens Services Officer and Kelly Hagerty is the Cemetery. Special thanks to Rabbi Rick new Community Intervention Specialist. Winer, whose son is an Iraq war veteran, for doing the service. th Transportation Company Massachusetts National Guard Memorial Day Ceremonies featured the deployed to Kuwait in December 2015 presentation of the Massachusetts Medal and returned in October 2016. of Liberty to Gold Star families: Christine Cahill Alfano accepted the medal on We celebrated Bunker Hill Day with behalf of her Godfather, Sp4 Paul Cahill, Representative Katherine Clark. Town KIA, Vietnam and Edwin Karp accepted Historian, Fred Wallace, gave a the medal on behalf of Malen Barker, KIA presentation at the grave of Peter Salem, a Korea. Guest Speaker was Michael Fabri, free slave from Framingham who is Presiding Judge of the Framingham believed to have killed the British Major In preparation Veterans Treatment Court. Pitcairn during the battle. for Memorial Day, 4,700 flags were placed Framingham residents are enrolled in the seven cemeteries. Special thanks to all of William James College Interface Referral enthusiastic volunteers. Service, a mental health helpline to have all Framingham residents get connected LTC (Ret) Arthur Robert, Director of with Mental Health Providers that meet Community Economic Development, was their health needs and is compatible with the Guest Speaker at Veterans Day, on the their health insurance. th 25 Anniversary of Desert Storm. Robert served as a Civil Affairs Officer in the Outreach included: Providing with the conflict. VFW a commemorative US Colors for the dedication of the Christa McAuliffe Library flag pole; Sock Hop during which Respectfully Submitted, we collected over 300 pairs of white socks Peter R. Harvell Veterans Service Officer of hygiene products for distribution to homeless veterans; taught flag folding to General Government55 Town of Framingham2016 Annual Town Report TS ECHNOLOGY ERVICES Memorial Building, Room B25 | 508-532-5829 | Fax: 508-532-5829 technology.services@framinghamma.gov Carly Premo Melo, Director Jennifer Nall, Administrative Assistant Alan D. Holt, Manager of Database Services Stephen Bedard, Helpdesk Technician James V. Schiavone, Manager of Network Services Heidi Bryce, Applications Manager Charles J. Duross, Public Safety Systems Administrator Anthony Sylva, Programmer/Analyst Nichol Figueiredo, Public Information Officer/Webmaster FY16 Operating Budget: $2,062,405 The Technology Services Division is Supported Accounting Department committed to providing the highest level with Year-End functions, including of service possible while being fiscally printing W2s and 1099s and responsible. Goals focus on maintaining a corresponding electronic IRS filing stable, up to date network and end-user environment that enables and enhances Legislative Management user productivity. Additionally, we look Customized the Web Portal to leverage technology wherever possible Developed library of training to streamline and automate processes. documents Completed Zoning Board of Appeals Applications Services implementation Heidi Bryce, Manager Application Services is responsible for the Database Services Alan Holt, Manager management system, MUNIS, for both School and Town employees with over Top Accomplishments for 2016 300 users; and Accela Legislative Permits and Licenses Management, which manages agendas and Technology Services implements and minutes for all Town Boards, maintains the Town-wide permitting and Commissions, and Committees and are inspection system, Accela Automation. visible to the public via the Web Portal. Over 14,500 new permits were issued Ms. Bryce joined the department in this in 2016 along with over 6,000 role May 31, 2016. renewals of cyclical permits and Top Accomplishments for 2016 enterprise permitting system Accela MUNIS Automation. The system is used by Within Applicant Tracking, redesigned the Building Department, Fire, the Online Job Application Planning, Board of Health, Updated the MUNIS Self Conservation, Zoning, Police, Board Service/Employee Self Service system of Selectmen, and Public Works. for increased ease of use for Current Almost 300,000 permits are stored in Employees and Prospective the system and available to the public Applicants a day, 7 days a week. The most General Government56 Town of Framingham2016 Annual Town Report commonly issued was Residential production and Socrata will be Electrical work, with 1,348 issued. accessible in 2017. Some of the least common include Fireworks Display, Fortune Teller, Public Safety and Tattoo Salon with only 1 each Charles Duross, Public Safety issued. Systems Administrator Public Safety is responsible for supporting Currently 240 different types of key information technology applications permits, licenses, and case types are and related technologies utilized by the tracked in the system. The records are Police and Fire Departments. And, maintained by12 different ensuring that critical public safety systems departments. The system interfaces function efficiently and effectively on a with the Town GIS, Assessor records, 24/7 basis. document management system, and 2016 Accomplishments DigSafe. Information sharing from the police 60 additional permit and case types department with the Commonwealth were added to the system in 2016. Fusion Center was improved with a These include Solar Panel installation, new direct interface with CopLink. public service activities like Fire CopLink is a law enforcement Prevention presentations, and bulk database for information gathering, trash item permits. sharing and analysis. Other Projects and Activities The Police Department also implemented an updated crime Work continues on converting paper analysis solution, CrimeView archives to digital storage and Dashboard. This cloudbased replacing paper processes with application interfaces withthe Electronic Document Management system to enable command staff and System, Laserfiche, contains 2 patrol to better serve the town with Terabytes of files. These files include crime mapping and analytics. financial records, property The implementation of Microsoft information, vital records, plans, permits, meeting minutes, electionSharePoint applications for the Town results, and annual reports includingcontinued during 2016. SmartFire, a this one! Many of these documents arenew solution for fire departments is accessible to the public from theinstalled and is being customized for As of the writing of this report, over 3million pages are stored The roll-out of new police cruiser in the document management system. computers began this year. The new Much of the work was completed todevices enhance officer safety and enhance community access toimprove performance using new Framingham operations information.technology and faster network Financial information and operatingconnectivity. metrics are being made available through new tools including ClearGov, Questica, and Socrata. ClearGov and Questica are in General Government57 Town of Framingham2016 Annual Town Report Network Services Copy and Print services James V. Schiavone, Manager In 2016, working closely with Ashley Top Accomplishments for 2016 Borges of Facilities Management, we signed a 3-year lease with Ricoh to replace Disaster Recovery (DR) Update our existing multifunction copiers, Working closely with James Paolini, providing copy, print and scan features all Facilities Management Director, we with the security of using our town-issued negotiated a settlement with the insurance ID badges. The devices integrate company to replace the disaster recovery seamlessly with our existing network fax equipment and the library technology that and content management systems. This was located in the server room in the allows the user to scan to multiple basement after the fire that took place in destinations including Email, Fax, the public library. This equipment Content Management or their private included network switches, redundant networked drive. storage and virtual environment. Fiber additions Network Upgrade During 2016 we added fiber runs from With the support of the Town of Maynard and Salem End Rd. to the water station located at Gates St. and Goodnow, Town Meeting, we signed a 5-year lease to making provisions for two sewer stations, upgrade our entire Cisco network and one water station and traffic controllers. VOIP phone system. Working with our We also ran fiber to the new traffic signals Cisco reseller and Cisco we created a in the downtown area and the Main St. comprehensive hardware and software and Franklin St. traffic signals and replacement project quote that included brought them onto the network. installation and 5 years of maintenance. This included installation for 73 switches, Statistics 9 routers 2 redundant firewalls, 1 core Email Statistics: switch and over 400 Cisco VOIP phones. Inbound Total 2,731,684 During 2016, all of the hardware was Blocked 1,375,852 replaced allowing for redundant 10GB Allowed 1,355832 connections to our larger sites. With the Outbound Total Sent 605,856 fiber optic installations in the previous Blocked 161417 years it has allowed us to provide Sent 399340 redundant connections with diverse paths. Encrypted 2736 2017 will bring the VOIP phone system upgrade and continued enhancements. Network Statistics: IP Cameras Total 213; 28 new in 2016 Public Wireless Included in the lease was a complete Up Time: internal wireless installation to all town Critical servers requiring 24X7 up buildings that provides both internal and time 99.999%; guest access. The project included cabling Non-Critical servers 9x5 uptime and installation of 130 Meraki access 99.999% only unavailable during points and 5 years of cloud licensing. maintenance windows Fiber - Overall availability 99.999%. General Government58 Town of Framingham2016 Annual Town Report User Services Public Information Officer and Stephen Bedard, Webmaster, Helpdesk Technician Nichol Figueiredo The Public Information Officer/Records User Services is responsible for Access Officer and Webmaster works technology support services to Town directly with the Town Manager and the Departments, including Help Desk Technology Services Department on all support, set-up and training, email, strategic communication initiatives for the Internet, hardware and software support, town, including collaboration with key inventory maintenance, policy and Division Heads and community licensed software audits. User Services is stakeholders. The Public Information also responsible for PC, printer and Officer/Records Access Officer and software upgrades and maintenance; Webmaster directs the implementation of Town Meeting equipment and an integrated communications strategy for presentation assistance to Town the Town incorporating website administration, departmental staff, boards development, podcasts, media broadcasts, and committees. In 2016, User Services written materials, social media trends and supported 479 PCs and 226 laptops with other applications. 578 users, 83 of which were new. The Technology Services Help Desk answered As of January 1, 2017 Governor Baker 1771 Help Desk calls, of which over half signed An Act to Improve Public Records were resolved on the same day. In into law. The updated public records law addition, 59 PCs were configured and requires municipalities to appoint a installed and 55 were new Records Access Officer (RAO), and laptops/Toughbooks/Tablets. Nichol was designated as the RAO for the Town. The Records Access Officer We have started to deploy Windows 10 on coordinates responses to requests for Microsoft Surface tablets and Dell Venue access to public records; assists individuals laptops. We have also started deploying seeking public records in identifying the Microsoft Office 2016. records requested; assists the custodian of the records in preserving public records; Administrative Assistant and prepares guidelines that enable Jennifer Nall requestors to make informed decisions. Jenn is a valuable asset in managing the day to day operations of the Technology 2016 Accomplishments Services department. Her duties include Utilizing social media to engage with the attendance tracking, payroll, processing community and provide information departmental bills, and overall office regarding Town projects, programs, management. Additionally Jenn process initiatives, public safety information, etc. the town-wide telephone bills for both VOIP and traditional phone lines. Jenn is also responsible for the management of the onboarding process of new equipment 3,174 followers. ordered by all Town departments. 359 followers General Government59 Town of Framingham2016 Annual Town Report as a cohesive team and commitment to accounts, Nichol also assists with the implementing and supporting new administration of eighteen (18) technology continues to allow departmental social media accounts. Framingham to remain on the forefront of technology. Website Statistical Data 623.8k site visits R Respectfully submitted, 897k unique visits R 899k million actions R 1.4M page views R 50k searches R In closing, I express my sincere gratitude Director, to a wonderful staff that made this Technology Services another year of great accomplishments. Their technical expertise, ability to work FM ACILITIES ANAGEMENT Memorial Building, Room 133| 508-532-5485 |facilities@framinghamma.gov The Department of Facilities Management tasked to oversee and assist the Fire is responsible for the general maintenance, repairs, renovations, and day-to-day five Fire Stations. After further review on operations for multiple public facilities the structure of Watson Place Fire Station, and parking lots owned by the Town of the replacement and site selection was Framingham. The department oversees accelerated to a top priority. and maintains thirteen Town Owned Buildings, the Waverly Street and Hollis The Facilities Management Department Court commuter parking lots, Pearl Street continues to assess the structure of all Garage, both Centre & Downtown Town Buildings and will continue to Commons and parking meters located implement the required repairs and throughout the downtown area. The improvements into the Towns 20 year Department consists of twelve fulltime Long Range Plans. employees, with an operating budget of 2.1 million. In continuing our effort to provide services, our department has made strides The Department of Facilities Management in improving our commuter parking lots. and Capital Building Projects Department These improvements include new LED have continued to work as a cohesive unit lighting, new signage, restriping and the in all current and future building projects. convenience of a new pay station which Due to our in house trades staff we have allows commuters the opportunity to pay been able to provide a more efficient and by cash or Credit Card. With the effective approach to the everyday conclusion of the downtown construction maintenance issues that occur. project, the department plans to implement new meters in phases Outside of our day to day operations, the throughout the downtown area. Facilities Management Department was General Government60 Town of Framingham2016 Annual Town Report I would like to thank all of the Town of maintain and keep up with the additional Framingham officials and departments demands with our existing resources. that we have worked with over the course Their individual and combined efforts of this past year. We appreciate the have helped create the quality of service assistance and guidance you have for the Department of Facilities provided to the Department of Facilities Management. Management. Respectfully submitted, Finally and most importantly, I would like James J. Paolini to thank my staff for their continued Director of Capital Projects & Facilities dedication and hard work. Our Management Department has worked extremely hard to CBP APITAL UILDING ROJECTS Memorial Building, Room B14| 508-532-5485 | jjp@framinghamma.gov With the closure of the 2016 calendar applied for the next available round of year, the Capital Building Projects Green Communities grant funding. The Department has completed the town has designated the use of the next commissioning phase of the largest energy round of grant funding to be used towards conservation project for the Town of the mechanical infrastructure and energy Framingham known as the Esco project. management upgrades at the Fire The Esco project is the first significant Headquarters and Fire Station 5. These step for the Town of Framingham to projects will continue in assisting the reduce its carbon footprint. The self- financing project will provide a rate of towards the Green Communities goal of a return of $402,000 annually and will be 20% energy reduction town wide. applied to the 15-year lease. In addition to the energy savings, the town has applied The Capital Building Projects Department and will receive an additional $433,000 in continues to work in a joint effort with energy rebates which will be allocated to the Facilities Management Department in further pay down the lease obligation. the implementation of the 20 year long range plans. While continuing to work as a While continuing our commitment to cohesive unit, we have successfully reduce our carbon footprint the Town of completed the FY16 Callahan Senior Framingham applied for the 2016 Green Center Roof Replacement and exterior Communities Competitive Grant and was envelope repairs along with the awarded $250,000 to fund the Callahan installation of the new boilers at the Police Senior Center RTU replacement and Headquarters. With good financial Police Headquarters RTU and Chiller management of the Esco project, the replacement. This project is to begin in labor for the installation of the boilers was FY17 and will continue our infrastructure provided by Esco funding. replacement. The department has continued to move forward with the Lastly, one of our primary projects in 2016 was to pursue the site selection for Green Communities initiatives and has the replacement of the Watson Place Fire General Government61 Town of Framingham2016 Annual Town Report Station which was constructed in the In closing, the Capital Building Projects Department will continue the methodical for a suitable location, the Town of approach and preparation for all future Framingham through the alternative projects. analysis report, approached the Framingham School Department for the parcel adjacent to the A Street Pump Respectfully submitted, Station. The School Committee supported our request for the land between the James J. Paolini junior high school parking lot and pump Director of Capital Projects & Facilities station and will seek the appropriation for Management the next phase of funding for this project. MS EDIA ERVICES Memorial Building, Room B15| 508-532-5517 |government.channel@framinghamma.gov The mission of The Government Channel Police & Fire promotions ceremonies, th is to serve the community as a valued September 11 observance ceremony, resource by providing timely news and dignitary visits, Town Meeting events to inform Framingham residents Orientations and Warrant reviews, on town programs and services. We do MassDOT hearings, Holiday Tree this by producing video coverage of lighting, US Navy holiday season concert, public meetings, development of original voting notifications and live election night series, and displaying important town analysis. We produce coverage of all announcements on our municipal Charter Commission meetings and electronic bulletin board. neighborhood education forums and have an ongoing commitment to those sessions The Government Channel is dedicated to leading to April 2017 town election. programming which supports the goals and objectives of the various town departments, also to make the proceedings of local government more accessible to the public. The Government Channel also carries regular live coverage of the Board of Some of the outreach, engagement activities, and production support that the Town Meeting and Zoning Board of government channel has participated in Appeals. Monthly coverage of the 2016 include the Memorial and Veterans Framingham Disability Commission and day observance ceremony, Library lectures special coverage of Board of Health are & reopening celebration, DPW also an important component of the neighborhood meetings, Team channel line-up that gives residences Framingham Marathon programming, instant access to Framingham government Park and Recreation updates, Callahan both on their cable system and via the Senior Center lectures, and Jewels of internet. Framingham program, Framingham General Government62 Town of Framingham2016 Annual Town Report The Government Channel can be viewed recordings provide an enhanced ability to on Comcast channel 99, RCN channel assess the accuracy of official print 13/HD 613, and Verizon channel 42. records of meeting minutes. All Programming schedules are available on programming is available to the public upon request; all of our programming is government channel portion of the also available via streaming video on department directory or at: demand for Internet viewing. www.framinghamtv.com Respectfully submitted, Through its programming, the Ron J. Rego Government Channel is compiling Director of Media Services complete and accurate public records for the Town of Framingham. These video L ICENSING Memorial Building, Room 121| 508-532-5402 |licenses.permits@framinghamma.gov The Licensing Office reviews and Class I, II, III Auto Dealers License. processes license and permit applications New/Used/Junk Car Dealers in accordance with State laws and Class I 6 regulations as well as town policies. After Class II 33 16 years as Licensing Administrator, Mary Class III - 3 Ellen Rupp retired. Due to her meticulous Junk/Old Metals/Second Hand License record keeping and written procedures, 15 my transition was smooth. Entertainment License (Yearly) 34 Entertainment License (One-day) 27 Sunday Entertainment License 14 Carnival License - 3 issued 514 licenses and permits in the Coin-Operated Machine License 10 following categories: Pool Table License - 2 1 Liquor License for Restaurants, Hotels, 10 Clubs and Retail Package Stores 91 Taxi Cab Company Permit 2 Malt and Wine Farmer Brewery License -2 Taxi Cab License - 36 Farmer Winery License - 0 Livery License 6 One-day Liquor License for events held at the various function halls throughout I look forward to continued collaboration town 54 with the Selectmen and town staff to Common Victualer Restaurant License support business owners and those who 150 use property in Framingham. - 6 Lodging House License - 12 Diane Willoughby, License Administrator General Government63 FINANCE CFO|TA|T/TC HIEF INANCIAL FFICER OWN CCOUNTANT REASURERAX OLLECTOR BA|P|RS OARD OF SSESSORS URCHASING ETIREMENT YSTEM CFO HIEF INANCIAL FFICER Memorial Building, Room 127 | 508-532-5425 | office.cfo@framinghamma.gov The Office of the Chief Financial Officerimportant spending priorities; and has both financial and policy duties. It is continuing to set aside funds for a major staffed by the Chief Financial Officer, School building investment. The Town Assistant Chief Financial Officer and the continued advancements in both the Financial Analyst. The Office administers pension and OPEB unfunded liabilities. Town finances with the assistance of three Gains were made in State Chapter 70 aid, departments that have direct responsibility partially closing the state Target Aid for financial management of Town shortfall. The Town continues to exceed government: the Assessing Department is the state minimum local contribution to responsible for the valuation of real and education by funding 43% more than personal property and the assessment of required. taxes against these parcels and accounts. The Office of the Treasurer/Collector is Cost containment efforts continue to be a responsible for the collection of all town priority; the transfer to the state Group revenues, the investment of all revenues, Insurance commission for health and the management of the Town’s debt. insurance, saves an estimated $24 million The Accounting Department maintains over three years (2015-2017). This also the Town’s accounting records, generates reduced the OPEB liability by $16 million. financial management information, The CFO’s Office in partnership with processes Town-wide employee payroll, Town is committed to responsible directs all audit activity and reviews financial management which is critical to compliance with internal controls. . the forward progress of the Town The Office of the Chief Financial Officer In February 2016, the Town entered into is directly responsible for the development a Governor’s Community Compact which and management of the annual operating focused on two projects, coordination and and capital budgets. The CFO is also collaboration of School and Town required to file a long term forecast for Administration, and Use of Technology strategic planning of the Town’s financial for Transparency. In April 2016, the position. CFO’s Office partnered with ClearGov, a private government transparency Calendar year 2016 saw the continuation company located in Hopkinton, has of the three year budget plan year budget launched its own Financial Transparency model FY15-17. FY16 was completed Center web page. This webpage is and FY17 begun with success both in the accessed from the front page of the Town lower levy, moderated residential tax bills, website. Detailed financial data from maintained the residential/commercial tax FY10 to the current FY17 budget is burden shares at 60/40%; fund our most displayed with interactive charts and Finance64 graphs. Citizens can compare Town of Officio member of the Framingham Framingham budgets and spending trends Retirement Board and the CFO is with other communities and with state appointed to the Board by the Selectmen. averages. Framingham taxpayers can enter their own tax bill amount and find The CFO would like to thank the out how much of their tax bill is Assistant CFO/Chief Procurement contributing to services such as education, Officer, Jennifer A. Pratt; Town trash collection, police and fire services Accountant Richard G. Howarth, Jr. and and general government services. his staff in the Accounting Department, Chief Assessor William G. Naser and his In June 2016, the Town was awarded a staff in the Assessing Department, grant ($18,500) to fund a studyof School Treasurer/Collector Carolyn R. Lyons and and Town administrative functions to her staff in the Office of the determine how best to integrate and Treasurer/Collector, Procurement collaborate on payroll, technology, human Administrator Amy Putney in the resource and accounting/business Purchasing Department, and Margaret operations functions. The Town Ottaviani our financial analyst. These are contracted with the Collins Center at all dedicated financial professionals who UMASS Boston to conduct the study provide excellent stewardship over the which is underway as this report is being people’s money. written. Mary Ellen Kelley Chief Financial Officer The Finance Division is also an integral part of the Framingham Retirement System. The Town Accountant is the Ex- TA OWN CCOUNTANT Memorial Building, Room 205| 508-532-5410 |town.accountant@framinghamma.gov The Office of the Town Accountant is available to (1) the Town’s municipal responsible for insuring that all program managers to facilitate their expenditures of the Town conform to the management of program budgets, (2) requirements of Massachusetts General independent auditors who must opine on Laws, Town Meeting appropriations and the financial condition of the Town; (3) Grantors, and do not exceed Townstate and federal agencies for use in Meeting appropriations or grant generating financial information for authorizations. The Office also accountsprogram and policy development, and, (4) for all financial transactions of the Town credit rating agencies for their use in –receipts, expenditures and payroll – inassessing the Town’s fiscal stability and conformance with generally accepted creditworthiness and Residents. accounting principles and the Uniform Municipal Accounting System The June 30, 2016 (FY16) balance sheet promulgated by the Commonwealth of was submitted to the DOR on October Massachusetts’ Department of Revenue. 26, 2016, for certification of available It then makes this accounting information funds. On November 10, 2016 the DOR Finance65 certified the following amounts as I would like to especially thank CFO available for appropriation: General Fund Mary Ellen Kelley, Assistant CFO Jennifer Free Cash: $16,395,114, Enterprise Fund Pratt, Treasurer Carolyn Lyons, Chief Retained Earnings: $7,531,643. These Assessor William Naser, Technology available funds represent unrestricted Services Director Carly Premo Melo and surpluses that are available for their staffs for their guidance and appropriation by Town Meeting. They are assistance during the past year. generated from positive operating results in relation to the budget; that is, they are Your obedient servant derived from annual receipts in excess of Richard G. Howarth, Jr. budget estimates and expenditures less Town Accountant than the appropriations authorized by Town Meeting. For Fiscal Year 2016, the Department processed over 13,400 purchase orders, reviewed over 46,000 invoices and issued over 27,000 accounts payable checks. The top ten vendors paid during Fiscal 2016 are as follows: US Bank$76,905,541 Group Insurance Comm 35,377,794 Framingham Retirement 12,414,517 Keefe Technical School8,924,698 Ameresco 5,494,412 Durham School Services LP 5,183,176 Accept Ed Collaborative 4,210 218 Lupachino & Salvatore Inc 4,184,970 Mass Clean Water Trust 3,905,179 ePlus Technology Inc 3,431,913 J H Lynch & Sons 3,288,377 Blue Cross/Blue Shield 2,234,921 I would like to thank all the departments who have assisted us during the past year. I would like to recognize the invaluable efforts of the members of the staff, Assistant Town Accountant Nancy Lomas, Payroll Administrator Dawn Divito, Kim Saucier, Mark Bingle, Kelly Lanefski, Shirley Tibbert, and Lauren DiGiandomenico. I want to also thank Janine Ablondi, Nicole Towle and Corinn Glover for their service to the Town Accountants Office during the year. Finance66 Town of Framingham2016 Annual Town Report T/TC REASURERAX OLLECTOR Memorial Building, Room 109| 508-532-5430 |treasurer@framinghamma.gov Daphney Bernier, Office Manager Joyce Li-Valte, Fiscal Supervisor-Cash Ross Netherton, Office Coordinator which putthem into Tax Title. Our The Treasurer/Collector’s office has office is always open to new ideas and worked diligently to serve the citizens of procedures to help give our residents Framingham throughout fiscal year the best customer service we can give 2016. them. We are an office of eight employees Earnings on general fund and as always the staff investments for the year totaled demonstrates their dedication, $546,912.95. Even though the bank knowledge, experience and rates remain low, we continue to willingness to happily serve our monitor the bank rates to maximize our Town Residents. I am indebted earnings. to my staff for the first-class job they do on my behalf as well as for the Town of Framingham. Annual collection amounts and percentageswere as follows: Real Estate taxes collected totaled $165,014,587. (99%) and personal property taxes were $9,255,839. (99%). Excise tax collections totaled $7,880,621. (88%). Excise tax is collected on a calendar year basis, which is reflected in the lower collection percentage. Tax Title collections were $1,232,693. We have continued towork hard on the The Town issued a bond anticipation collection of delinquenttaxes and note(BAN) in 2016, awarded to to work with these residents in Century Bank, in the amount of resolving the issues they have faced $4,417,913 with a net interestrate Finance87 Town of Framingham2016 Annual Town Report (NIC) of .4735% including a premiumof $12,149. The Town issued a bond anticipation note(BAN) on June, 2016, awarded to JP Morgan Securities LLC, in the amount of $11,801,459. with a net interestrate (NIC) of 0.5316% I would like to thank my staff for including a premiumof $79,423.81. their hardwork and professionalism. I would also like tothank the The Town issued a bond for Accounting and Assessors $43,668,000 awarded to Citigroup Department, CFO and her Staff, Global Market, Inc. The interest the Payroll Department and rate (TIC) was 2.587% includinga Technology Services for all the premium of $3,793,513.54. Additionally, help they have given my staff theTown has financed $2,114587. and myself over the year. Water Bond and $84,190. Sewer Bond with an interest rate of 2% through the Respectfully Yours, Mass Clean Water Trust. Carolyn Lyons Treasurer/Collector Finance88 Town of Framingham2016 Annual Town Report BA OARD OF SSESSORS Memorial Building, Room 101 | 508-532-5415 | assessing@framinghamma.gov GENERAL SCOPE AND FUNCTION FISCAL YEAR 2016– Interim Value The Department of the Board of Year Assessors is comprised of three appointed Fiscal year 2016 was an Interim Year for Board members, and nine full time staff the Town of Framingham. employees: Chief Assessor, Commercial Assessor, Office Manager, four Field TheAssessing Department does the Assessors and two Customer Service following for value adjustments for this Representatives. type of fiscal year: The Office of the Board of Assessors is a Real Property - Review, analyze, and if value-based department. The Assessors necessary, adjust current value are primarily responsible for determining assessment levels, using primary source the full and fair cash value of all real and data such as sales within the town for personal property within the municipality. residential properties, and sales and Other duties of the Department include: income and expense information returns administer motor vehicle excise tax, for commercial and industrial property. compile and submit the annual Tax Rate Review of secondary source data is also Recapitulation to the Department of used. Secondary sources are local Revenue in conjunction with the Town builders, local real estate agents, Accountant, abate/exempt/ or defer subscription services, and sale and taxes, defend established values on assessment information from other abatement applications and at Appellate towns or cities. Tax Board hearings, maintain tax assessment maps, and oversee the town’s Personal Property – Review, analyze, and overlay reserve account (an account adjust asset values based on Form of List established to fund abatements, asset returns. Assets are placed in the exemptions, and unpaid taxes for the assessment system based on replacement respective fiscal year). cost and depreciated using schedules based on asset type. Tax law intends for each taxpayer to pay an equitable share of the tax burden in In addition to the above analysis, the proportion to the value of the property or department does the following: continues asset. This is known as ad valorem tax, or with annual cyclical inspections of both according to value tax. real and personal property accounts, adjusts assessing map, updates real It is important to note that Assessors do property per building permit inspections, not raise or lower taxes, nor do the updates website, processes abatement Assessors set rate of taxation (tax rate). applications, processes personal These determinations are made with the exemption applications, processes tax assistance of assessment values, but are deferral applications, and motor vehicle decisions made outside of the scope of abatement applications. The culmination the Assessing Department. of the real & personal property analysis is Finance129 Town of Framingham2016 Annual Town Report the submission of the real property sales Commercial & Industrial properties are and statistical work to the Department of generally valued and adjusted based Revenue for value approval. upon the following: market rental income, market rental expense, market These actions and valuations occur every vacancy rates, and area income year, with the fifth year being different capitalization rates in calendar year tax year type, known as a certification 2014. year, essentially, an assessing audit Personal property is generally valued performed by the Department of and adjusted based upon: asset Revenue. Assessors review market description, condition, replacement cost information and adjust values according. new, year purchased and asset Consequently, one of the main duties of depreciation schedule, as of the the DOR Bureau of Local Assessment is assessment date. to review and approve each municipality's property values each year, TAX RATE SUMMARY to ensure that values are at full and fair The total amount to be raised through market value; and uniform valuation and taxation (tax levy) is calculated after all industry standards are meeting or other sources of revenue and total exceeding Department of Revenue expenses for the town are known. The assessment standards. levy for fiscal year 2016 was $176,466,162.67. The Department of Residential properties are generallyRevenue approved the following tax rates: valued and adjusted based upon market$17.38 per 1000 of value for residential sales that occurred in calendar yearproperties, and $37.98 per 1000 of value 2014.for commercial, industrial and personal property properties. Fiscal Year 2016 – Classification Summary CLASSIFICATION VALUATION TAX LEVY PERCENT DOLLARS CLASS 1 - 6,081,822,099 $105,702,068.10 59.90% Residential CLASS 2 - 0 0.00 0.00% Open Space CLASS 3 - 1,346,998,840 $51,159,015.94 28.99% Commercial CLASS 4 - 261,459,900 $9,930,247.00 5.63% Industrial CLASS5 - 254,734,904 $9,674,831.65 5.48% Personal Property TOTAL 7,945,015,743 $173,512,298.07 100.00% Note: The total dollar amount needed to meet town spending was $299,586,979.21 for FY2016. The tax levy portion is $173,512,298.07 or 59%. The other 41% of the amount needed is obtained through state reimbursements and distributions, local receipts, free cash, and other revenue sources. SUMMARY The real estate market in Framingham saw property values all saw varying percentage mostly increasing values in FY2016. increases. Industrial properties were down Residential, commercial and personal slightly. Finance130 Town of Framingham2016 Annual Town Report On November 17, 2015 a public hearing was held in which the Board of Selectman chose a dual tax rate with a tax shift away from the residential base and onto the commercial, industrial, and personal tax base. The Department of Revenue then approved the tax rates as previously stated. Otheritems Motor Vehicle Excise Tax: 301,593,640 in value, $7,539,841 in tax dollars Real Estate Tax Exemptions granted: 318 applications, $223,078.52 in tax dollars. Real Estate Tax Deferrals granted: 14 applications, $61,739.21 in tax dollars Real Estate Abatement applications granted: 94, $528,318 in tax dollars (see ‘GRANTED RE ABATEMENT LIST’) Property values, tax assessment maps, and FAQ’s relating to various functions of the assessing department can be found on the town website (www.framinghamma.gov) Please feel free to call, email, or visit the office if you have any questions regarding your property value or the assessment process in general. Respectfully submitted, William G. Naser, MAA Chief Assessor Finance131  Town of Framingham2016 Annual Town Report P URCHASING Memorial Building, Room 123| 508-532-5405 |purchasing@framinghamma.gov In the coming year, the Purchasing The Purchasing Department seeks to Department will continue to pursue the identify the best overall value when best available pricing, including leveraging expending public funds for goods and our options and selectively participating in services. The Department ensures that purchasing consortia. The Purchasing purchases are made in accordance with Department will continue to conduct due local bylaws and in compliance with diligence on every major purchase in order procurement statutes of the to get the best value for taxpayer dollars. Commonwealth. Purchasing has worked closely with Town and School departments to produce invitation for bids Jennifer A. Pratt for a multitude of projects ranging from Assistant Chief Financial Officer Cemetery tomb repairs to the purchase of Chief Procurement Officer vehicles for the Police Department to School Department building upgrades and maintenance contracts. Routine contracts were awarded for the School Department lunch commodities (e.g., bread, milk, other food supplies), for Parks & Recreation landscaping materials, and for various internal services, such as, elevator maintenance and cleaning contracts. The Purchasing Department posts all invitations for bid on the Town's website and advertises larger procurement opportunities locally and in the Commonwealth of Massachusetts’ Central Register. The Department is currently staffed within the Finance Division by Amy Putney, Procurement Administrator and a part-time Procurement Administrative Assistant. Jennifer Pratt, Assistant Chief Financial Officer also serves as the Chief Procurement Officer. Finance149 Town of Framingham2016 Annual Town Report RS ETIREMENT YSTEM Memorial Building, Room B31| 508-532-5465 |reg@framinghamma.gov The Framingham Retirement System is a member of the Massachusetts Contributory Retirement System, governed by Chapter 32 of the Massachusetts General Laws, and is Managed by a five member Retirement Board which consists of: Richard G. Howarth, Jr. Town Accountant-Ex-officio Member Mary Ellen Kelley, CFO Selectmen Appointee Peter J. Rovinelli Elected Member Joseph A. Fonseca Elected Member John W. White, Jr. Board Member Appointee Sovereign Bank and MMDT $ 2,339,537 Pension Reserve Investment Trust$ 255,278,200 Total Assets on 12/31/2014$ 257,617,737 Membership in the Retirement System: Active members 1205 Inactive members331 Retired members and beneficiaries815 Total Membership 2351 Respectfully Submitted, Laurie A. Lizak, Director Finance150 P|F|BH|IS OLICE IRE OARD OF EALTH NSPECTIONAL ERVICES Police Department ;MPPMEQ,;IPGL;E]``OQJ$JVEQMRKLEQQEKSZ A MESSAGE FROM CHIEF resulted in the surrender of more than 170 guns. FERGUSON Our community engagement efforts include the deployment of dedicated downtown beat officers, educational presentations, monthly interactive community meetings, Rape Aggression Defense (RAD) training, child passenger safety seat installations, and citizen police academies which provide community groups with an invaluable opportunity to learn about their police department. We have leveraged technology to increase our community engagement through increased use of platforms such as social media and see click fix. In order to be more responsive to parking issues and complaints, the Department hired an additional full time parking enforcement officer so that two full time officers can focus exclusively on this important issue. It is my pleasure to present the During the past year Framingham Police Framingham Police Department’s 2016 Officers received training in important law Annual Report, which highlights a few of enforcement topics, as well as innovative the Framingham Police Department’s subjects such as critical thinking, tactical accomplishments over the past year. In debriefings, improving outcomes, de- 2016, the Framingham Police Department escalation and disengagement, recognizing focused on evidence-based crime biases, and policing the teen brain. We prevention and reduction, training, and continued our deployment of additional community engagement. Through these Tasers to reduce and prevent officer and efforts, the Department was able to citizen injuries. achieve a 7% reduction in violent and serious property crimes. This means less We continue to follow the guidance of the victimization of people and a healthier st President’s Taskforce on 21 Century quality of life for Framingham’s residents Policing and strive to enhance our and visitors. The Department conducted partnerships with community stakeholders its first gun buyback program, which and those who we are sworn to Public Safety & Health151 serve. One of our ongoing goals is to Emergency Management has worked achieve excellence through effective extensively under its current structure to collaboration and cooperation. One create planning groups, exercise response example of this is our comprehensive activities, secure funding from grants and prevention, early intervention, treatment state and federal sources and expand and enforcement strategy to help address participation in this municipal function. the opiate crisis. We are grateful for our Frema in concert with Framingham strong partnership with Advocates, Inc., department of public works and the and the South Middlesex Opportunity Northeast Homeland Security Regional Council, which allows us to provide this Advisory Council also operates an multi-dimensional approach to a complex emergency equipment cache located at problem. Framingham DPW. This cache is one of only three in the State and will be used to I am extremely proud of the dedication, disperse equipment and supplies during commitment, and professionalism shown emergencies. FrEMA in conjunction by Framingham Police Officers over the with state and federal authorities, past year. prepares, administers and implements Framingham’s CEMP (Comprehensive Sincerely, Emergency Management Plan) as well as Chief Ken Ferguson the federal mandated NIMSCAST. In 2007 the entire CEMP was rewritten and 2016 Police Personnel Resources printed; this is the first time since 1997. Chief 1 In 2010 Framingham also joined five Deputy Chief 3 other communities (Ashland, Natick, Lieutenants 10 Holliston, Hopkinton and Sherborn) to Sergeants 15 form the Metrowest Regional Emergency Assistant to Chief 1 Planning Committee. This planning Patrol Officers 102 committee is currently working on a table Dispatchers 8 top exercise for the fall of 2017. Civilian Staff 6.5 Mechanic 1 In 2016 FrEMA sold the mobile Parking Control 2 command post that was purchased in Animal Control 2.5 2012 to SEMLAC the SouthEast Crossing Guards 14 Massachusetts Law Enforcement Council. The reason for this was the mobile Emergency Management command vehicle had not been used as Framingham Emergency Management much as we anticipated and we had Agency (FrEMA) directs all emergency several agencies inquiring about management operations in the Town of purchasing it. It made sense for us to sell Framingham. Emergency management is the vehicle at this time. the preparedness, mitigation, response and recovery of both naturally occurring FrEMA also participated in a tabletop events like blizzards, ice storms, exercise with Mass DCR which focused hurricanes, flooding or earthquakes as well on our response to one or more dam as any man made disasters such as failures in Framingham. This took place chemical spills, fires, transportation events at Framingham State University and was and acts of terrorism. Framingham Public Safety & Health152 well attended by the PD, FFD, Mass State directors Assistant Fire Chief Mike Police, FSU police, DPW, and DCR. Dutcher and DPW Asst. Highway Director Kate Ronconi who joins Framingham will continue to be a leader Framingham Police Lt. Blaise Tersoni. in the ever increasing role of emergency management in a post 911 era, roles and Revenue responsibilities are increasing and the The Framingham Police Department Town will need to recognize the value of generates monies through the issuance of emergency preparedness. licenses and permits, administration fees and fines from parking and traffic The Director of FrEMA is Deputy Police citations. This revenue is not entered into Chief Steve Trask and this year we added the police budget but that of the town’s new assistant emergency management general fund. Revenues are as follows: Billable Activity FY13 FY14 FY15 FY16 111F/Recovery $46,065$37,194 $189 $1,187 Alarms $79,975$59,644 $13,700 $70,075 Auction $169 $4 $0 $641 Court Fines$94,837$99,266 $138,518 $93,149 Cruiser Detail Fee $50,180$88,904 $104,862 $67,868 Detail Admin Fees $175,877 $120,032 $133,468 $246,381 Finger Prints $1,590 $1,150$1,218$0 Hackney Licenses $2,165 $2,940$2,900$2,490 Liquor Server $7,580 $8,400$6,000$9,701 M/V Fines $87,525$130,050 $118,553 $114,682 Marijuana Fines $3,400 $2,200$1,290$1,300 Parking Fines $208,520 $213,256 $220,565 $190,375 Permit To Carry $12,313$11,300 $4,775$10,025 Photos $0 $27 $625 $1,149 Report Fees$6,583 $8,105$10,324 $8,510 Subpoenas $85$51 $58 $2 Tow Fees$25,878$25,584 $24,520 $23,610 Non-Recurring Rev$375 $415$271 $300 Total $803,116 $808,521 $781,834 $841,443 Public Safety & Health153 Auxiliary Police professional Auxiliary Police Organization The 21 dedicated men and women of the that stands ready to assist this department. Framingham Auxiliary Police completed During the year, the Auxiliary Officers another outstanding year of service for the volunteer countless hours of their time to community. For the past 74 years, the help make Framingham a better place to Auxiliary Police have been an active and live and work. vital component of the Police Department. You can see some of their volunteer efforts in action at community events The Auxiliary Police, under the guidance such as Concerts on the Green, charitable of Auxiliary Captain Marc Spigel, have a road races, and child safety programs. As well-defined training program in which part of the Framingham Emergency officers attend an academy for reserve Management Agency, Auxiliary Police police officers; and are trained in first Officers provide assistance at the responder first aid and CPR/AED. Emergency Operations Center and Annually the Auxiliary Officers keep their emergency shelters as needed, and are skills and certification current with field trained in the National Incident and in-service training. The result is a Management System. Public Safety & Health154 Jail Diversion tactic in identifying those in need of Jail Diversion Program clinicians were assistance. physically embedded in the Framingham Police Department for over 80 hours a Animal Control Department week between the hours of 7:30am to 50 Western Avenue 11:30pm. During 2016, the social workers 508-532-5870 provided support, resources and services Fax 508-620-4872 to over 1104 individuals with a mental Animal.control@framinghamma.gov illness or substance use disorder,that members of the Framingham police Staff: department came into contact with. Katherine J. MacKenzie, Director of Animal Control, Massachusetts Municipal Of those low level offenders who had Animal Inspector, 24 years of service committed arrestable offenses, 88% (215 individuals) were diverted away from William C. Sage, Animal Control Officer, arrest and into more appropriate Massachusetts Municipal Animal community based treatment. During 2016 Inspector, 23 years of service a further 128 individuals were diverted away from the Framingham Emergency Joseph R. Shepard, PT Animal Control Department by Jail Diversion Program Officer, Massachusetts Municipal Animal clinicians who were on scene and available Inspector, 19 years of service, retired June to provide the assessment and resources 2016. needed. The Framingham Jail Diversion Program continues to be held up as a best The Framingham Animal Control practice in policing/behavioral health Department is staffed by 2 full-time and 1 partnerships and has been successfully part-time Certified Animal Control replicated in several other communities Officers. In addition to regular shifts, across the Commonwealth. Animal Control Officers respond to off- shift emergencies. The Animal Control During the spring of 2016, in response to Officers provide service to the citizens of the opioid epidemic, members of the Framingham. The Animal Control Framingham Jail Diversion Program Officers provide care for the animals held launched the ‘Framingham by the department 365 days a year. Compassionate Addiction Recovery Education Service (CARES)’ initiative. Animal Control Officers work both in the The primary goal of Framingham CARES field and in the office, managing calls for is to reduce the number and frequency of service, complaints and inquiries. Animal opioid overdose deaths in the Control Officers prepare reports, Framingham community. This initiative participate in hearings and appear in court has been developed to respond to as needed. individuals- as soon as possible- post opioid overdose/Narcan administration The Animal Control Officers enforce and to connect them to specific and both state laws and town by-laws. They immediately available treatment resources, respond to calls regarding domestic including recovery coaches. Lessening the animals, livestock and wildlife. shame and stigma associated with Framingham Animal Control Officers substance use has been identified as a key work cooperatively with many outside Public Safety & Health155 agencies such as the Massachusetts Domestic mammals that come in contact Department of Fish and Wildlife, Tufts with, or are otherwise exposed to the Wildlife Center, Massachusetts rabies virus must first be assessed to Department of Environmental Police, determine severity of risk. Depending on Massachusetts Department of Agriculture, the vaccination status of the domestic Division of Animal Health, the mammal involved, it will be either Massachusetts Society for the Prevention quarantined or destroyed. The Animal of Cruelty to Animals and the Animal Inspector must ensure that all animals, Rescue League of Boston. The Animal wild or domestic, which must be tested Control Officers are responsible for all for rabies, are captured and euthanized. aspects of the department as the Animal Control Department does not employ The head must be removed, and the administrative staff or kennel staff. specimen must be properly packaged properly and submitted to the State Rabies During 2016, Animal Control Officers Lab for testing. Pets that may have been fielded and responded to more than 4,480 exposed to rabies through wounds of calls. This number does not include the unknown origin or contact with a rabid calls for service that were made via email. animal are also quarantined. Municipal More than 713 calls regarding wildlife Animal Inspectors are also responsible for were addressed by the Animal Control livestock inspections and may be called to Officers. Most often, wildlife calls are assist with domestic animal disease concerning possible rabid, injured or quarantines in the event of an outbreak. nuisance animals. More than 1,043 canine and 215 feline calls were fielded. Livestock inspections are a census of the domestic animal population of the town, Other calls addressed by the Animal be sure that all of the animals appear to be Control Officers, totaling approximately in good health and free from disease and 2,421 such as kennel inspections, animal observe animal housing and ensure ample quarantines, animal bites, hearing requests, food and water are supplied. The annual administrative calls, police assist, board of livestock census, required by the health assists, fire department assists, Massachusetts Department of Agriculture, along with livestock inspections were Division of Animal Health, is taken by the addressed by the Animal Control Officers sworn Animal Inspectors of this throughout the year. department. There are more than 48 different locations that keep livestock and The Massachusetts Department of fowl within the Town of Framingham. Agriculture, Division of Animal Health These inspections covered 309 chickens, approves the appointment of the 12 goats, 2 turkeys, 10 geese and ducks, 15 municipal animal inspectors. The primary sheep, 50 horses, 2 ponies, 1 donkey, 37 duty of the Animal Inspector has recently alpaca and llama, 1 beef steer, 7 game become rabies control in the domestic birds including Guinea hens and peafowl animal population. Municipal Animal and 25 dairy cows. Inspectors issue and enforce quarantines. In accordance with state law, all domestic Respectfully submitted, mammals that bite a human or another Katherine J. MacKenzie domestic mammal must be quarantined Director of Animal Control for a period of ten days to determine the risk of rabies transmission. Public Safety & Health156 FD IRE EPARTMENT 10 Loring Drive| 508-532-5930 Mission Statement: The Framingham Fire Department is an organization of dedicated professionals who are committed to protecting the citizens of Framingham from loss of life and property caused by the ravages of fire, and to respond in a quick and efficient manner to medical emergencies. Through fire prevention education, our mission is to prevent disastrous incidents from occurring and to minimize damage to life, Weybossett Ave. Residence Fire: April 2, 2016 property, and the environment. The Framingham Fire Department experienced numerous changes in 2016 P: 157 ERSONNEL caused by the retirement/resignation of Chief 1 eight (8) members, fifteen(15) Assistant Chief 1 promotions, seven (7) new hires and only Deputy Chiefs 4 one (1) military deployment. Captains 8 Lieutenants 24 A new administration is the greatest Firefighters 104 change. Maximizing efficiency in Fire Marshal 1 administrative processes and effectiveness Assistant Fire Marshal 1 in emergency operations are primary Fire Inspectors/Investigators 2 objectives. The annual report of the Training Division 3 Framingham Fire Department for the year Civilians 8 ending December 31, 2016 is as follows: In addition to fire suppression duties, this Retirements: (years of FFD service) Department responds to medical Fire Chief Gary Daugherty, Sr. (7) emergencies, hazardous material incidents, Assistant Fire Chief John Magri (31) water problems, and other calls for Deputy Chief Anthony Pillarella (30) assistance. The Fire Prevention Division Captain John Tremblay (29) provides safety education, code Lieutenant John Farrell (28) enforcement, plan review, and Lieutenant F. Charles Tibbert (30) inspections. We are committed to Firefighter Paul King (31) delivering these services through proper Firefighter Gary Zinck (31) staffing strategically placed through the Firefighter William Almeyda (10) community and to do so in a cost effective manner. Public Safety & Health157 Military Deployments: busiest year ever. We responded to 11,318 Firefighter Stephen Warren emergencies. New Hires: 2016 was aremarkable year for the Firefighter Brian Blue Department. In addition to a new Firefighter Michael Campion administration, the Department promoted Firefighter Steven Curtis its first female officer, Lieutenant Suzanne Firefighter Erik Desouza Crippen. The Department also recognized Firefighter David Lombardi its first Hispanic Fire Captain, Captain Firefighter John Smolski Felix Torres. Firefighter Christopher Tosches The Department responded to 29 Promotions: structure fires totaling close to $3 Million Fire Chief Joseph Hicks in property losses. We also responded to Assistant Fire Chief Michael Dutcher 415 cooking fires, 32 vehicle fires, and 122 Deputy Chief Steven Magri outside fires which include brush, grass Deputy Chief Brian Connolly and mulch fires. Fires were the most Deputy Chief Mark Leporati serious of incidents, but the majority of all Captain Bradford Smith responses consisted of medical and rescue Captain James Ahearnemergencies. Captain Felix Torres Captain Kurt O’Rourke Lieutenant Suzanne Crippen Lieutenant Luke Moro Lieutenant Jose Rubio Lieutenant Brian Knight Lieutenant Greg Benetich Lieutenant Nick McCue Total Alarms: The Framingham Fire Department responded to a total of 16,661 incidents in 2016, of which 11,318 were calls for emergency service. Concord Street Business Fire: December 27, 2016 Total Emergency Calls 2016 Responses: 11,318 2015 Responses: 11,342 2014 Responses: 9,555 HIGHLIGHTS IN REVIEW: The Framingham Fire Department provides Fire, Rescue and Emergency Medical Services to those who live, work and travel through the community. Fire Prevention Detail on the set of Patriots Day Calendar year 2016 was our second filming. Public Safety & Health158 We were successful in obtaining some Unified Fire and Police Fire outside funding through grant awards Investigation Unit (FIU) from the Federal Assistance to Fire District 14 Technical Firefighters Grant Program, the Rescue Unit Massachusetts Executive Office of Public Fire District 14 Dive and Safety and the Massachusetts Department Underwater Recovery Unit of Fire Safety and will continue to seek Massachusetts Hazardous additional outside revenue sources and Materials Response Team grants. Some of these grants are listed Massachusetts Emergency below: Management Agency Regional Emergency Planning SAFE-Student Awareness of Committee (REPC) Fire Education: $7,237 public safety education Collaborative relationships with our Senior Safe Grant - $3,315 neighboring communities allow for shared MDU-Mobile resources and mutual aid agreements, Decontamination Unit: $2,000 ultimately improving public safety without training and maintenance of increasing expenses. state De-Con Unit Fire Prevention Division: The Department is fortunate to have The Division of Fire Prevention is firefighters who serve in the Armed managed by a Deputy Chief called the Services. The Town and Department Fire Marshal, supervises an Assistant Fire provide assistance and support to the Marshal and two Fire Inspectors. This families of these military members when group attends regular training with the they are deployed for active combat duty. State Fire Marshal’s Office. Professional Many thanks to those who have served on memberships include the Fire Prevention our behalf. Association of Massachusetts (FPAM), the International Association of Arson In 2016,the Department received the Investigators (IAAI), and the Patriot Award for supporting the Military Massachusetts Department of Fire personnel. Senior Deputy Chief Kevin Services (DFS). Burns was specifically cited as the award recipient. We are grateful for all of The Divisions’ major areas of Deputy Chief Burns’ efforts. responsibility include fire code violation investigations, public safety education, The operation of the Fire Department is construction plan review, fire code large and complex. We do more than permitting, and fire cause determination. simply respond to fires, rescues and medical emergencies. Because some of the Other responsibilities representation on incidents we encounter are larger or more the Traffic and Roadway Safety technical than the resources readily Committee, the Technical Review available to the Fire Department, we work Permitting Team, the Code Enforcement collaboratively with various departments Task Force and the Interdepartmental and agencies both in and outside of the Community Support Team. Town. Some of these partnerships include: Public Safety & Health159 The Assistant Fire Marshal, a Lieutenant All of the Fire Prevention officials have by rank, assists with the Division's some level of responsibility with the responsibilities and fills in with the Schools. The SAFE grant is a major Marshal's absence. The Assistant Fire resource in providing public education in Marshal works closely with the Building collaboration with the Framingham Public Department in permitting approvals. He Schools Superintendent’s Office. The Fire schedules acceptance testing with fire Prevention Division and the Department protection contractors, as well as look forward to continually improving this conducting meetings with generalsuccessful and cooperative venture. contractors, engineers and property owners for proposed projects in addition In addition to hundreds of occupancy to any problems that arise during inspections, a summary of permit activity construction and final inspection. in 2016 includes: The Inspectors are responsible for residential smoke detector permits reviewing fire permits and conducting the 1,302 fire alarm system permits subsequently required inspections. 599 sprinkler system permits Acceptance tests are a major area of 186 oil burner permits responsibility in which the Fire Inspector flammable liquid storage permits witnesses the proper operation of fire and propane storage permits life safety systems prior to a new tenant or welding permits owner occupying a residential or commercial space. The inspectors are the Emergency Medical Services Training: "boots on the street" engaging with the Significant changes in medical protocols, community to promote and enforce safety levels of responsibilities, and certification interpretations and fire protection issues. requirements have changed EMS delivery in the Commonwealth. A stark example is A major goal of the Framingham Fire the use of medicine for narcotic Department is emphasis on community overdoses; first responders are risk reduction and prevention by administering life-saving medication that conducting life safety education programs was once limited to more highly trained in the community. Seniors are identified paramedics. to be at risk and remain a primary focus. These significant changes and challenges have been proactively addressed by assigning an Emergency Medical Services (EMS) Officer in the Training Division. This key position acts as the liaison the local agencies, the regional hospitals, State agencies, and the National Registry of Emergency Medical Technicians (NREMT) and assists with meeting the requirements. Senior SAFE Education at the Callahan Senior Center Public Safety & Health160 Fire Training: The following master boxes were The primary focus of Fire Training is removed for building demolition in 2016: meeting the nationally recognized standards and qualifications for Master Address/ Business firefighters and fire officers. Federal and Box # State mandates dictate much of the required training. All other fire and rescue 173 518 Pleasant Street is performance-based in the same Marist House standardized manner as the State Firefighting Academy. 177 125 Pennsylvania Avenue Office Building National data reveals that responding to emergencies is still one of the highest risks 272 17 Edgell Rd for firefighter tasks. Emergency vehicle Restaurant operations is an example of training conducted that meets a national standard. 756 270 Cochituate Road A classroom component and an obstacle Restaurant course is part of annual training that addresses identified liability. The Fire Alarm Division also Fire Alarm Division: Installed approximately 2,265 The Fire Alarm Division is responsible for feet of new fire alarm cable for the general maintenance of traffic signals, new master boxes and controls, underground cable, the replacement of deteriorated municipal fire alarm system, master boxes, cable. and street boxes, underground and aerial Transferred fire alarm cable on cable. 25 poles for Verizon. Two new master boxes were added, and In addition to the regular duties of four master boxes were removed for maintaining and installing the fire alarm building demolition in 2016. We now have and communication system, the Fire a total of 941 boxes in service in strategic Alarm Division was also responsible for locations throughout Framingham. Of the maintaining and repairing forty-eight (48) 941 boxes, 586 are master boxes that intersections with traffic signals, three (3) protect individual properties, and 355 are intersections with 4-way flashing signals, street boxes. twenty-six (26) school zone signals and two (2) 30mph ‘S’ curve signals. The The following new master boxes were following is a breakdown of traffic signal added in 2016: repairs: Master Address/ Business 79 Calls for traffic signals not Box # working. 13 Calls for signal heads 189 746 Water Street turned. Christa McAuliffe Library 46 Calls for burnt out traffic signals. 1624 42 Maynard Road FSU West Hall Public Safety & Health161 187 Calls for changing of time, AMR provides medical rescue training to Framingham Fire personnel at no checking preemption, additional cost to the Town. Opticom, repair broken pedestrian buttons, repair On behalf of the Framingham Fire knock downs, meetings with Department, I would like to thank the contractors digging up roads Board of Selectmen, Town Manager, to mark underground pipes, Town Meeting Members, Committees, meetings with contractors residents and businesses for their doing traffic signal continued support. improvements, preventive maintenance, and investigations. Respectfully Submitted, 10 Traffic signals knocked- Joseph C. Hicks, Chief Framingham Fire Department down in motor vehicle accidents: 3 - were reported to the Police Department, 7 - were hit and run. 118 Calls for school zone signals not working properly that required time adjustments, new lamps and new clock installations. This also included time adjustments made at the beginning and the end of the school year and daylight savings time. The Fire Alarm Division worked jointly with Fire Prevention in reviewing all building permit applications for fire code compliance. In addition, the Division attended meetings with contractors for fire alarm and sprinkler system installations. Both divisions conduct fire protection acceptance testing in new and existing buildings for occupancy. Emergency Medical Services American Medical Response (AMR) continues to provide Emergency Medical Services (EMS) to the Town of Framingham. Currently AMR is contracted to provide three Advanced Life Support (ALS) ambulances until April of 2018. Public Safety & Health162 FHD RAMINGHAM EALTH EPARTMENT 31 Flagg Drive, Door 14| 508-532-5470 |health@framinghamma.gov The mission of the Health Department is Officer, Office Manager, and an to protect, promote, and preserve the Administrative Assistant. health and wellness of all Framingham residents. The Health Department conducts numerous mandated inspections Under the policy direction of an throughout the year according to local and appointed Board of Health, the state mandates. These inspections include department staff assesses the public health but are not limited to, food needs of the Framingham community. establishments, housing, body art The staff addresses those needs by establishments, tanning establishments enforcing state and local public health and swimming pools whirlpools, beach testing, environmental health regulations and by Bottled water regulations, Biotechnology providing public health nursing services, regulations, Recreational Camps, Title 5 health promotion activities, emergency (onsite waste water) plan review and field preparedness and response planning, inspections, tobacco control, 21 E community health outreach and hazardous waste inspections, animal education, and by reducing environmental permitting, South Middlesex Opportunity health hazards. Council (SMOC) group home and hotel and motel inspections. On occasion, the The Board of Health previously consisted Health Department must hold show cause of three members but was delighted when administrative hearings and prepare cases Town Meeting voted to increase the size for resolution in District Court. There of the Board to five members last year. were a total of 1,122 inspections After approval by Massachusetts performed in 2016. Re-inspections are Governor Charles Baker and the required for many of the inspections and Commonwealth of Massachusetts Senate orders to correct, letters of no violation, and House of Representatives, we were and/or letters of abatement are issued for excited to welcomeTammy C. Harris, all complaints. M.D., MPH, and Judith Wester, RN, BSN, MSN to the Board of Health, An additional facet of the Health joining Michael R. Hugo, Esq., David W. Department’s work involves complaint Moore, M.D., and Laura T. Housman, investigation, including, but not limited to, MPH. solid waste, dust, odors, noises, rodents/vector control and general The Health Department staff is comprised neighborhood conditions. of a Director of Public Health, Chief of Community Health, Chief Environmental The department has a Licensed Site Health Officer, Senior Public Health Professional (LSP) serving as its Inspector, four Public Health Inspectors, Environmental Site Assessment Officer, Chief Public Health Nurse, Program to study onsite hazardous waste site Manager, Community Intervention conditions at the Framingham General Specialist, Environmental Site Assessment Chemical Corporation, Mary Dennison Public Safety & Health163 Park, and other hazardous waste sites in planning larviciding, adulticiding, aerial town. Through the work of this applications, and surveillance activity employee, the town was able to advocate throughout the town. for additional onsite environmental assessment activities to be conducted in The Health Department reviews order to ensure that sufficient data is numerous Planning Department Site plans garnered to assure that optimalin conjunction with other municipal assessment of onsite conditions are made. department including but not limited to This will help assess the level of Fire, Conservation. Police, Building and treatment, additional monitoring and Economic and Community Development remediation that is needed to address Department. The Health Department onsite contamination. The Environmental reviews these plans and provides Site Assessment Officer, also assists the comments regarding hazardous waste Health Department, Town Manager and containment, noise, odor mitigation, the the Community and Economic need for Food Establishment permitting, Development Department with ongoing Title V - onsite waste water (review) and 21E sites assessments in town in order to complete streets. determine current site conditions, assess needed remediation work and best In May 2016, the Massachusetts available technology required to address Department of Public Health Bureau of various environmental health concerns. Substance Abuse Services awarded the Framingham Health Department with a The Health Department continued to grant to combat the opioid epidemic. The implement and enforce Bodywork Massachusetts Opioid Abuse Prevention Regulations. The scope of these Collaborative (MOAPC) is a four year, regulations is broad and includes many $400,000 grant program with objectives to aspects, which if not particularly regulated prevent opioid abuse and opioid could endanger the community with the overdoses. Framingham has partnered risk of prostitution, human trafficking and with Ashland, Hudson and Natick for the disease transmission. Additional MetroWest MOAPC grant with the regulatory and educational programs in purpose of implementing local policy, the planning phase include a Pre-practice, systems and environmental Construction Rodent Abatement change in three key areas: regulation, Hazardous Material Registration, Food Establishment Person opioids (including first use); in Charge (PIC) training, Swimming Pool Certificated Pool Operator refresher deaths and nonfatal hospital events training, Choke Safe training, Tanning associated with opioid poisonings; and Establishment Operator training, and Body Art Establishment Operator capacity of municipalities to address training. The Heath Department staff is these issues. also very active in addressing community and public health crisis issuessuch as A MOAPC Program Coordinator was hoarding. hired in November 2016 to help direct and streamline the MetroWest’s efforts. The Health Department worked in Following an evidence-based Strategic conjunction with the East Middlesex Prevention Framework set forth by the Mosquito Control Project (EMMCP) in Substance Abuse and Mental Health Public Safety & Health164 Services Administration (SAMHSA), the efforts in Asthma, Hypertension, Elder MetroWest MOAPC has spent the past Falls, and Tobacco Use Cessation. few months conducting a robust assessment of both qualitative and The Health Department in conjunction quantitative data related to the scope and with the Fire, Police, Building and various magnitude of the opioid related issues in municipal officials, conduct monthly our communities. Information gathered general nuisancesurveys of areas from this assessment will identify neighborhoods in order to address the community resources, strengths and concern of area residents regarding traffic, needs, and will inform the development of quality of housing stock and general intervention strategies. The MetroWest nuisance conditions. These MOAPC will be revealing its strategic plan “neighborhood walks” establish at a community event in the spring of communication channels establishment 2017 and will begin piloting intervention with area residents via scheduled strategies that summer. neighborhood community health meetings. If necessary enforcement The Town of Framingham, actions include but not limited to, non- Northborough, Marlborough and Hudson criminal ticketing and court complaints Planning Departments, Public Works and are initiated to ensure compliance with Health Departments partner in the local nuisance regulations and state health regional Mass in Motion and Complete building codes. Streets grant initiative. These initiatives are aimed at increasing physical activity, Public Health Nursing Services 2016: healthy dining and access to walking and Nursing Hours are 8:30 – 5 Monday bike paths with scheduled improvements through Friday with clinic hours daily to streets and sidewalks in order to 8:30-9:30am, 4-5 pm (last patient seen at improve transportation and pedestrian 4:45). mobility. These initiatives have been deemed to be crucial to the development Nursing Services include the following: of needed programs and interventions that have been identified in the pediatric (both required and MetroWest Regional Community Health recommended childhood vaccinations. Assessment which include but are not -borne Illness Investigation limited to, transportation and prevention of obesity. Influenza, Pertussis, Pneumonia, Hepatitis, Tetanus) The Health Department continued its involvement with the Prevention and and Flu. Wellness Trust Fund (PWTF) Grant. The Investigation PWTF is a collaborative of four municipal (Prevention/Control/Containment/Resto health departments (Hudson, ration) Northborough, Marlborough, and Framingham) and many community new arrivals) stakeholders known as the Metrowest Partnership (MWP). As one of only eight Tuberculosis cases and general oversight (8) grantees, the MWP will continue to be of Latent TB infected individuals. at the forefront of National Prevention d reviews Public Safety & Health165 diseases, cluster or outbreak illnesses health lodges/stations inspections) including disease tracking and trends in accordance with 105 CMR 300.000. In only 2016, there were 657 reports of reportable diseases; a 0.4 percent reduction. All Reserve Corps Administration infectious TB cases are monitored at home by the Public Health Nurse to Department for tick and mosquito bites ensure their medication and appointment impacting health and well-being. compliance and tolerance to the TB medication until they are no longer infectious. The Public Health Nurse Cholesterol, Skin Cancer and others monitors, trains and prepares a response (seasonal). for local, regional, state, national and global emerging disease threats such as Prescription Medication. Ebola and Zika Virus. nd Programming on Health People 20/20 and National Health Immunizations: Approximately 5000 Observances. doses of vaccine were given at clinics, office visits, high-risk/outbreak control Department and Medical Reserve Corps. settings and employee health representing an 11% increase from 2015. Health Medical Reserve Corps (MRC): The Framingham MRC operates under the Events brought in over 900 pounds of administration of the Board of Health. old, expired, or unwanted prescription Nearly 250 volunteers are trained and medications as well as additional ready to respond to emergencies in the community. MRC members participated in multiple drills, trainings, table top and and At Risk Veterans through Operation full scale exercises/deployments. The Stand Down with MAPHN. MRC provided health information at he Massachusetts Office of events, local fairs and farmers markets, Preparedness Emergency Management staffed clinics and health programs, Public Health Emergency Preparedness trained in emergency preparedness with budget. shelter management, CPR, First Aid, AED, Choke Relief, BLS, Active Intruder, department MAVEN and MIIS (Disease Mental Health First Aid, Mass Casualty, and Immunization platforms). Mass Fatality and more. The MRC staffed all the Town’s flu clinics and the insured adults and children. Emergency Reception Center for the Boston Marathon. The Framingham Communicable Disease: The Public MRC was put on Stand-By 4 times in Health Nurse provides disease 2016. Districts/Region: The Framingham investigation, surveillance and case MRC is part of health and Homeland management, disease containment Security Region 4AB. MRC volunteers through isolation and quarantine, and work under the direction of local health health restoration opportunities with early and safety officials, and in collaboration interventions for all communicable Public Safety & Health166 with other local emergency response Corps, Framingham Public and Private programs. School Nurses and the Department of Public Health: Infectious Disease and In 2016, the Public Health Nurse received Emergency Preparedness Bureaus the Adult Immunization Champion Award from the Massachusetts Adult In closing, I would like to express my Immunization Coalition, the Presidential sincere gratitude to our talented and Award from the Massachusetts dedicated staff for all of their hard work Association of Public Health Nurses, and and commitment to public health in a Citation from the Massachusetts Senate Framingham. for her Work with the Latino Community. The nurse would like to recognize the Respectfully submitted, contributions of the following: Dr. Michael Blanchard Harveen Singh, Dr. Shahla Asvadi, our Director of Public Health civilian volunteers in the Medical Reserve IS NSPECTIONAL ERVICES Memorial Building, Room 203| 508-532-5500 |building.dept@framinghamma.gov STAFF: Michael A. Tusino, Director James Murphy, Local Inspector Fred Bray, Deputy Commissioner Mark Shahood, Plumbing-Gas Inspector Ed Hicks, Electrical Inspector Christopher Canney, Plans Examiner Suellen Seta, Code Enforcement r Michael McCarthy, Code Enforcement Nathan Maltinsky, Local Inspector Danielly Morais-Fonseca, Office Manager Joanne Panarelli, Code Enforcement James DeMeo, Assist. Sign Officer Rebecca Nau, Administrative Assistant Mark Dempsey, Access Compliance Insp. Samara Paulino-Rosa, Intern FY 2017 Operating Budget: $1,125,319 Calendar 2016 Fees Collected: $2,694,682 For 2016 the Inspectors, Administrators concerns, maintain a record of property and Code Enforcement Inspectors within activities reviewed by inspectors and the Inspectional Services Department investigators and be responsive to have had another very active year consumer protection. providing quality customer service and effective solutions toward resolving The mission of the Inspectional Services citizen concerns. Department is to provide knowledge and service regarding local, state, and federal The focus of the Department continues to codes and standards in a manner which be the pursuit of the highest quality of supports our commitment to the safety of public service by responding to concerns our public and to the integrity of the as they arise, to follow up on previous department. We willingly participate in Public Safety & Health167 programs of continuing education to keep Sign permitting and enforcement our staff informed of the latest technology remained at record levels for 2016. 32 and requirements within the building illegal signs were brought into compliance trades industry as well as customer service by the Sign Officer and 261 signs were and computer literacy. permitted in strict accordance with the Sign By-law. The year of 2016 marked the third consecutive year where revenue surpassed I would like to thank all the Town of $2.5 Million and over 7800 permits were Framingham officials, and departments issued. Please note this increased work that we have worked with during the was accomplished without the addition of course of the year. We at the Building any new staff. Department appreciate the knowledge and professionalism exhibited town wide. The office staff processed 3074 Building and 2084 Electrical Permits as well as the YOU to the entire Building Department general administrative day to day duties. staff whom I have truly appreciated Our Plans Examiner processed over 2435 working with during this past year. Our plans and documents. group continues to work extremely hard to handle the increase in work this year The Plumbing-Gas Inspector and without the help of additional staff. Electrical Inspector averaged 13 to 15 inspections per day and also responded to Respectfully submitted, an average of 1-2 after hour calls per week Michael A. Tusino from the Fire and or Police Department. Michael A. Tusino, CBO Director/Building Commissioner The two Building Inspectors averaged 12- 15 inspections per day each and also conducted over 100 Liquor License st inspections from November 1 thru st December 31. Both inspectors responded to an average of 1-2 after hour calls per week from the Fire and or Police Departments. Code Enforcement inspectors worked on 848 cases of which more than 85% involved housing. The report illustrates that the inspectors addressed 11 illegal rooming houses, 18 illegal apartments and monitored 85 foreclosed properties. Our Code Enforcement Task Force continues to team up with the Attorney General’s Abandoned Housing Initiative to help out with abandoned properties. We also received a CDBG funded grant for $63,000 for code enforcement activities. Public Safety & Health168 The following is a list permit activities for the calendar year of 2016 with a Five Year Activity Summary: Five Year Record of Building Activity in Framingham Number of Permits Issued20122013201420152016 Single Family Dwellings1423395982 Two Family Dwellings32122457 New Commercial Buildings2263419 Alterations & Additions2,3102,2653,0002,8602,894 Total Building Permits2,3292,2923,0573,7013,052 Estimated Cost of Construction20122013201420152016 Residential13,012,49012,506,09239,107,39919,326,07262,983,340 Commercial23,927,41142,657,18995,925,06546,534,85561,962,176 Total Valuations36,939,90155,163,281135,032,464115,511,460124,945,516 Fees Received and Turned Over to General Fund 20122013201420152016 Building Permits2,163,4672,039,664 714,043975,2282,057,445 Sign Permits14,67416,20217,32515,71910,806 Wire Permits151,616183,512298,789249,523469,223 Plumb.& Gas Permits137,628162,521208,712220,874174,989 Total Fees1,017,9611,337,4632,582,2712,649,583 2,694,682 Public Safety & Health169 WM EIGHTS AND EASURES Memorial Building, Room 221| 508-532-5470 |Fax 508-532-5790 |ers@framinghamma.gov scanned correctly. The Department In compliance with Section 34, found that 93.5% were priced Chapter 98, General Laws of the correctly, 1.5% was underpriced and Commonwealth, I am submitting my 5.0% were overpriced. annual report of the Department of the year This was a decline over the previous ending December 31, 2016 years and shows that the stores are not doing a good job in checking their prices. This means our education and is required by state statute to inspect all inspection program is working. The weighing and measuring devices in the Department investigated 21 consumer Town of Framingham each calendar complaints during the year. year. In 2016, the Department inspected 2150 weighing and measures I want to thank Mr. Michael A. devices, including scanning audits. Tusino, the Director/Building The Department collected $86,741 in Commissioner, the Town's part time inspection and sealing fees during Inspector, 2016. The Department issued 21 civil Edward R. Gentili, and the Office citations and 28 late fee violations in Manager of Inspectional Services, Ms. calendar year 2016, for the following: Danielly Morais-Fonseca and her staff pricing errors (scanning), unsealed for all their help and assistance. gasoline meters and scales. The total violations and late fees amounted to Respectfully Submitted, $13,025 for the calendar year of Edward R. Seidler 2016. The non-criminal average fine was $463. The Department had NO cases in Framingham District Court (criminal) for overcharging consumers. The Department during 2016 saved consumers and businesses in Framingham well into the thousands of dollars by conducting both mandated and spot inspections. This is in addition to the fees and fines collected for the town. Errors were found and corrected which resulted in sufficient savings to consumers. The Department checked 9235 items in local retail stores to ensure that they Public Safety & Health170 of Public Works Department Peter A. Sellers, Executive Director 508-532-5600 150 Concord Street, Room 213 508-872-5616 (fax) Framingham, MA 01702 Public.Works@framinghamma.gov Paul G. Barden, Deputy Director of Public Works 508-532-6053 Diane Conner, Assistant Director of Administration and Support 508-532-5611 William R. Sedewitz, Chief Engineer 508-532-6012 Jerry Carchedi, Director of Administration & Finance 508-532-5620 Fred J. Davies, Director of Fleet, Facilities & Communications 508-532-6073 Blake Lukis, Director of Water and Wastewater 508-532-6052 Robert D. McArthur, Conservation Administrator 508-532-5462 Daniel S. Nau, Director of Highway & Solid Waste 508-532-6032 ENGINEERING AND are located at a complex intersection TRANSPORTATION DIVISION involving several approaches including an The Engineering and Transportation arterial corridor, railroad, several collect Division is responsible for the planning, roads and a parking lot. design and construction of capital roadway and utility infrastructure projects; Working with the Community and maintaining compliance with various State Economic Development Division, a and Federal programs such as the $400,000.00 Complete Streets Grant was National Pollutant Discharge Elimination obtained for a multi-use recreational path System (NPDES) Phase II Stormwater along Dudley Road. The design was programcompleted in-house and construction is Trench Opening Permit programs; scheduled for spring 2017. This work reviewing development and was coordinated with the proposed Skate redevelopment plans to ensure roadway Park on Dudley Road and proposed utility and utility and roadway improvements along construction standards; and inspecting Fountain Street. modifications and expansions to the roadway, water, sewer and stormwater Improvements to the Downtown infrastructure. The Division also provides Common were designed as the final phase technical expertise to the operational of the Downtown Project. The project divisions of Public Works; other Town was bid late in the year and construction is Departments; various Boards, Committees scheduled for spring 2017. The To and Commissions; maintains an extensive first bike lanes were installed. This work Geographical Information System (GIS); included pavement markings and signage and is the custodian of a large collection along a 1.6-mile stretch of Water Street. of historical paper plans and documents. The Division also coordinated with The Division oversaw improvements to Massachusetts Department of the Dennison Crossing traffic signals that Transportation (MassDOT) on numerous Public Works171 transportation projects including the Main Street Retaining Wall, railroad Central Street Bridge, Downtown crossing improvements on Salem End Improvements, Mount Wayte Railroad Road and Maple Street, the Salem End Bridge, Route 9 Pedestrian Bridge, Route Road Bridge rehabilitation, intersection 9 Bridge over the Foss Reservoir and the improvements at Salem End Road/ Winter Street Railroad Bridge. The multi-Badger Road, Speen Street and the Union year Downtown Improvements project, Avenue corridor. The Union Avenue involving improvements to the corridor is being advanced as a Federal Downtown area for traffic, pedestrian and and State funded Transportation bicycle improvements; as well as Improvement Program (TIP) project. streetscape upgrades; reached substantial completion. Utility design projects included water and sewer main improvements on Elmfield The Division also supported Eversource Road, Fountain Street, Griffin Road, Union Avenue and Worcester Road; the Downtown Area. This project included sewer force main from the Woodland the installation of 20 concrete vaults and Pump Station; the Worcester Road and approximately 3,800 linear feet of conduit. Kittredge Road wastewater pump stations; Significant coordination was required the Eastleigh, Hancock, Little Farms and between this project and MassDOT Shawmut neighborhood wastewater pump ongoing roadway improvements in the stations; the Saxonville Levee stormwater same heavily travelled corridor. pump station; and the removal of the Eversource also installed over 15,000 Landham Pond Dam. linear feet of gas main that required significant interface with the Division. With the recently finalized Environmental Protection Agency (EPA) National Utility construction was performed on Pollutant Discharge Elimination System Elmfield Road, Fountain Street, Griffin (NPDES) Permit for Massachusetts Road, Speen Street, Union Avenue and Municipal Separate Storm Sewer Systems Winter Street. Approximately 12,000 (MS4) the Division has increased efforts linear feet of water, wastewater and to prepare the Town for greater stormwater mains were replaced or regulations. The permit is detailed and rehabilitated. Removal of a reinforced includes numerous requirements with a concrete roadway subbase was required focus on regulating the water quality of on Union Avenue to access the more than one hundred-year-old utilities. the discharges of over 600 outfalls in the Rehabilitation work was also initiated on Town. Project work included drainage the forty-year old Goodnow Lane Water improvements at Cunningham Drive, Pump Station. design support for the new parking lot at the commuter train station and an Multiple transportation and utility design alternatives evaluation for Landham Pond projects were also advanced or completed. Dam removal for flood mitigation. Transportation design work included Blandin Avenue, Concord Street, the The Division is actively involved in the Downtown Common, Edgell Road Central Massachusetts Regional intersection at Water Street/Edmands Stormwater Coalition (CMRSWC), a Road, the Dudley Road Multi-group of communities working together Recreational Path, Fountain Street, the to more effectively manage municipal Public Works172 stormwater and to meet the requirements The Division continued to advance the of the MS4 Permit in an efficient and street acceptance program to identify cost-effective manner. The Division has unaccepted roads that were constructed also taken an active role in the newly consistent with the subdivision standards formed Statewide Municipal Stormwater and were intended for eventual public Coalition that shares cost information, acceptance. In 2016, the Division technical products, field procedures, completed the public acceptance process public education tools, documentation for 13 roadways. and training opportunities. The Division led efforts that resulted in a Hazard The Division provides Town GIS support Mitigation Grant award of over $710,000 including linking 1,900 wastewater closed- from the Federal Emergency Management circuit TV (CCTV) videos to the town Agency (FEMA) to upgrade three culverts asset management system and began the between A Street and Concord Street for process of new 3-inch resolution town- flood mitigation. The Division also led wide aerial photography. The GIS staff efforts that resulted in a Five Star and also reviewed and updated the Fire Urban Waters Restoration Program grant ter alarm box and award from the US Fish and Wildlife wiring GIS data layers. Service to provide an education program along Beaver Dam Brook with the goal to Lastly, the Division conducted 1,577 engage the local community in inspections primarily of private work appreciating, enhancing and preserving within the right-of-way or involving public Beaver Dam Brook. infrastructure. These inspections ranged from single family residence water/sewer The Division has been supporting a connections to large scale projects such as Worcester Polytechnic Institute senior private utility gas main installations or capstone project that focuses on reducing private developments. The permitting pollution from stormwater runoff to Farm work included 495 Street Opening Pond. The Division conducted an annual Permits, 284 Trench Opening Permits, 35 inspection of the Saxonville Flood Public Way Access Permits and the review Damage Reduction System (i.e., Saxonville of 370 plan submissions. The survey staff Levee) with the US Army Corps of conducted 45 large survey projects and 49 Engineers (USACE), prepared semi-sideline surveys. annual reports and requested capital funding to address maintenance concerns identified by the USACE. The Division HIGHWAY DIVISION The Highway Division is responsible for Land Disturbance and Stormwater Management Bylaw and participated in roadways, sidewalks, stormwater utilities -Hazard and public shade trees. Mitigation Plan. The Division continued to support public education efforts Pavement Management Program including PARK(ing) Day, distribution of Roadway projects consist of the information with dog permits, a stream replacement or upgrade of roadways and clean-up, a storm drain marking event and appurtenances for adherence to current events at both Cameron Middle School regulatory guidelines and directives as well and Framingham Centre Nursery School. as new pavement markings, street signs, Public Works173 sidewalks, granite and bituminous curbing, wheelchair ramps and curb-cut control GIS with an Incident Command Structure measures. to help manage weather events. In addition, the Division installed global The Division continued to integrate and positioning system (GPS) units into manage the use of specialized contracted plowing equipment. The purpose of this equipment with in-house resources. strategic effort is to provide a high level of During the year, road rehabilitation on accountability while applying the over 14 centerline miles of roadway; appropriate amount of resources to each maintenance and replacement of defective event. In order to be fiscally responsible, guardrails; emergency repairs; preventive the Division has developed a strategy to maintenance; and the filling of focus on main roads with greater speeds approximately 11,000 potholes took place. and higher traffic volumes, while utilizing The development of the Annual Roadway a measured response on secondary roads Program has led to greater cost control, making them safe and passable. All Town quality control and accountability while spreader trucks are equipped with a performing repair work on defective computerized distribution system that roadways. operates according to ground speed to insure the uniform distribution of de-icing Snow and Ice Management Program materials. Snow and ice operations are one of the most important public safety Stormwater Management Program responsibilities. No activity performed by The stormwater system consists of more a Town has more uncontrollable factors than 200 miles of surface and subsurface or a more immediate impact on the drainage systems, 12,000 catch basin and community than the proper handling of manhole structures and more than 600 snow and ice events. Factors including drainage outfalls. Construction projects temperature, weather, rate of snowfall, completed by the Division and contracted amount of snowfall, duration of the storm personnel include the installation of 300 and type of precipitation not only have to linear feet of new drain line installation be considered; their impact on resources and/or repairs and the repair or and costs, including manpower, adjustment of 354 drainage structures. equipment and materials must be The Division continues the practice of appropriately managed. monthly inspections in a proactive drainage structure maintenance program. During the year, 24,456 linear feet of The program provides safe roadways and drainpipe was cleaned and 7,097 linear sidewalks before, during and after snow, feet was televised. With the addition of a ice and other weather related events. This stormwater vactor truck to the effort involves the plowing and treating of De-house stormwater 550 lane miles of public roadway, 45 crews have assumed responsibility for municipal parking facilities, 84 miles of cleaning drain lines in-house, rather than sidewalks and public pathways, 215 through outside contractors. crosswalks, 190 cul-de-sacs, 11 school paths, 31 school crossing-guard stations and all student drop-off areas. 50 sand The removal of sand and debris from the barrels are filled and distributed on the hills throughout Town for residents use. remains an operational priority each year. Public Works174 In an effort to minimize the amount of levee system consisting of 2,550 feet of sand entering and further diminishing the earth dikes, 1,340 feet of concrete flood capacity of the system, the Division has walls, 1,000 feet of channel realignment, a continued strict control practices for the pumping station, interior drainage and use of de-icing materials during the winter vehicular flood gate also fall under the months. In addition, an aggressive, town-responsibility of the Division. wide street and sidewalk cleaning program Traffic Systems Management Program is performed annually in the spring to The program manages the maintenance, remove as much sand as possible. An fabrication and pla overnight sweeping of the streets and regulatory, advisory and street signage; sidewalks in the Downtown Business steel-beam safety guardrails; installation of District minimizes the entry of materials new and annual maintenance of existing into the system and thus waterways pavement markings; as well as the work providing a cleaner environment. zone safety program for Division operations. Other responsibilities include The deficiencies in the stormwater the advance planning of roadway traffic systems throughout the Town are a major management during infrastructure cause of unscheduled overtime and improvements; posting street-by-street emergency repair costs. In order to maintain compliance with the advance the street sweeping and snow National Pollutant Discharge Elimination removal operations; installing and or Systems Phase II Stormwater Permit, a replacing hundreds of regulatory and vigorous year-long effort is made to clean advisory signs either by direction of the all of the catch basins utilizing both Board of Selectmen, the Traffic Roadway Division personnel and contracted Safety Committee or as required through services to remove silt, sand and debris routine maintenance practices; responding annually. Storm drain cleaning continually to Police, Fire and other safety roadway results in a significant list of necessary related issues requiring emergency traffic repairs as the inspection process management; and assistance for scheduled progresses. Once the catch basins have events like the Boston Marathon. been cleaned, approximately 1,000 tons of catch basin debris is hauled to an accepted The annual contract and painting of 85 facility utilizing Town equipment and miles of yellow centerline, 104 miles of personnel. white edge line, over 726 crosswalks, 792 stop bars and 374 arrows throughout the Beaver Dam Brook and Hop Brook Town was also managed by the Division. continue to be significant operational challenges as even a modest rain event can Tree Warden & Forestry Management cause the brooks to surcharge at the many Program culvert headwalls in both South The Town was named a Tree City USA Framingham and the Gregory Road and th again in 2016 for the 25 consecutive year. McAdams areas of North Framingham. The Division is responsible to promote, For this reason, the Division has installed preserve and enhance the shade tree automated monitoring sensors that alert environment of the community through staff to high water levels. the application of best management practices and public education campaigns; The maintenance, inspection and provide maintenance management for the Public Works175 Pesticide Bureau. This program allows trees; and for the development of a Public the Division to apply best management Shade Tree program for the community. practices for the control of curbside The Division plans an annual Arbor Day vegetation that otherwise would grow celebration and several private contractors uncontrollably and require the donate their time and resources to this commitment of substantial and sustained successful event. This year the event was labor to control unwanted growth. held in conjunction with the Park and Additionally, a landscape crew maintains Recreation Department at Farm Pond. approximately 80 locations in Town requiring scheduled mowing, mulching, Statutory requirements to maintain weeding and watering. minimum clearance over the 550 lane mile roadway network is a primary and recurring function of the program. During SANITATION DIVISION the year, 38 miles of pruning was The Division is responsible for managing completed to provide clearance and safe curbside solid waste and recycling while providing a great public amenity to programs; containerized collections at the Town, require routine maintenance so condominiums and municipal facilities; as that they do not become a public liability. well as the Recycling Drop-Off Center The tree crew performs monthly surveys (RDC) on Mount Wayte Avenue and the to determine hazardous and diseased trees Yard Waste Drop-Off on Dudley Road. and takes corrective action to minimize damage; responds during severe weather The Division fielded requests from events; and provides cleanup and removal residents to exchange their recycling carts of storm debris. to a larger size, totaling 524 exchanges, drop-offs, or other issues resolved. The Tree Warden conducts frequent Approximately 6,649 permits were sold hazardous tree assessments, prescribes RDC. In treatment, oversees removals and addition to the hazardous and difficult to participates in public hearings on issues manage wastes collected at the RDC, the related to trees within the right of way. center collected 534 tons of recyclables. The Division routinely responds to Through fees collected for services and marketing of the recyclables, $253,548 was related services. During 2016, personnel generated in 2016 for the General Fund. removed 42 dead, diseased and/or hazardous street trees and responded to The Division managed the collection of 68 emergency removals as a result of refuse and recycling from over 18,000 storm-related tree damage impacting stops including the tipping of over 35,000 roads or other public properties. 51 trees recycling and refuse carts per week. were planted by the Department, either as Curbside recyclables collected totaled part of a grant program or Town initiative. 5,196 tons. Vegetation Management Program In July 2016, the Division assumed responsibility for collecting recyclable vegetation management program that is materials with in-house resources. This permitted annually by theMassachusetts final transition phase eliminated the need Department of Agricultural Resources Public Works176 for a contractor to perform the collection, landscaping at Town-owned buildings allowing the Division greater control and and other various roadway projects accountability over the operation. throughout Town. Additionally, the Division had doubled its Monthly public education events and recycling service to residents by collecting programs are offered to residents at no on a weekly basis, rather than bi-weekly. additional cost and include Household Hazardous Waste Day, that drew over 250 The Division works aggressively to vehicles in the spring and close to 200 research and develop new techniques in vehicles in the fall; Earth Day Celebration; managing waste that cut costs, improve Town-wide Green-Up Day; and two of efficiency and further develop our most popular events; the Shred Fest recycling programs. Some of these (secure confidential document shredding) approaches include: and Electronics Take-Back Day. While allowing the Town to properly recycle and Continuing to facilitate competitive dispose of thousands of pounds of bidding on solid waste contracts to discarded electronics, Electronics Take- save money and improve services. Back Day has allowed the Town to donate non-perishable food items to United Way Working with the MADEP to obtain Tri-County Food Pantry located in future sustainability grants. Framingham as participating residents are encouraged to make a non-perishable Educational outreach donation. elementary schools to teach students how to recycle and inform them about WATER AND WASTEWATER DIVISION Monitoring school recycling programs The Division is responsible for the that use reusable trays and silverware distribution of a public potable water in their cafeterias that eliminate the supply and the provision of fire need for disposable polystyrene trays. suppression Participating schools are Brophy 18,000 residential and commercial users as Elementary, McCarthy Elementary well as a wastewater collection service for and Woodrow Wilson Elementary. the 70,000 residents of the Town. The Division also provides for the Continuing the sale of natural mulch maintenance and repair to the water and compost to homeowners and distribution infrastructure that includes: landscapers at reduced rates. This 280 miles of pipe, 18,000 service helps to reduce disposal costs, raise connections, 2,000 hydrants, 4,800 gate additional revenues for the Town and valves, 22,000 meters, 4 pumping stations, create a full circle recycling loop. 3 booster stations and 6 above ground These materials are provided at no water tanks having a storage capacity of cost to other Town Departments nearly 9 million gallons. allowing them significant financial savings. The Division has provided An average daily water demand of over 6 these materials for various Town million gallons per day is purchased from projects such as at the Recycling the Massachusetts Water Resources Drop-Off Center itself, as a soil Authority (MWRA) and then distributed amendment in athletics fields, Public Works177 through a complex system of pumps, ACO included several other requirements pipes, valves and reservoirs. including increased staffing levels, major equipment purchases, implementation of a Wastewater responsibilities include the Supervisory Control and Data Acquisition collection and transport of 5-10 million (SCADA) system to remotely monitor and gallons of wastewater each day, of which a control pumping stations and strict significant portion during peak periods is reporting requirements. The Division is wastewater flow infiltration and inflow awaiting MA from sources such as leaking pipes and Pump Elimination Plan that will likely sump pump discharges during wet result in additional enforcement action. collection system consists of 226 miles of In recent years, a professional and gravity mains, 18 miles of force mains, 44 knowledgeable workforce has been pump stations, 6,600 manholes and over developed. This has provided an 40 miles of cross-country sewer-line opportunity to identify and fully carry out easements. Wastewater is conveyed from capital projects of limited scope from the Town to the MWRA, who is design through construction using in- responsible for the transport and house staff. This practice not only treatment of wastewater from its 43 provides the Town with a significant cost member communities. savings over contracting for these services, but is used as a tool for Capital improvement programs have been continually training our employees. In substantially under-funded in recent 2016, we purchased a water bypass system decades, and, as a consequence, critical that allowed our in-house staff to perform infrastructure has experienced ever larger water main projects than in increasing incidents of failure. The previous years, essentially doubling the infrastructure continued to grow and amount of pipe the Division installed in expand over time, but the funding did not 2015. This year, approximately 5,000 feet keep pace with capital needs. As a of water and/or wastewater infrastructure consequence, the Division was historically was replaced using this approach on Avon engaged solely in performing unscheduled Street, Campbell Road, Ellis Street, maintenance and was unable to devote Edwards Street, Hampshire Road and resources to perform critical preventative Meadow Street. In addition, the Division maintenance to the system. This is performed a significant amount of work at underscored by the issuance of an 16 of our wastewater pump stations Administrative Consent Order (ACO) and including: equipment upgrades, painting, Notice of Noncompliance by the and both pump and valve replacements. Massachusetts Department of Environmental Protection (MADEP) The Division also faces the continuing during 2007. The ACO requires the Town challenges of managing a second to undertake major sewer construction Administrative Order originally issued by and rehabilitation projects over several the MWRA in 2003. The MWRA years with the primary focus of alleviating Settlement Agreement limits the level of reoccurring sanitary sewer overflows, that sulfide that the Town is authorized to area a violation of State and Federal law. discharge to the MWRA system through The last specifically identified project operational efforts. Sulfide generation can from the ACO was completed on cause odor and corrosion problems in schedule before the end of 2013. The Public Works178 sewers that sometimes can be Annually, the Division collects drinking catastrophic. Activities performed to water samples from 15 homes which are mitigate the generation of sulfide include: analyzed for their lead and copper chemical dosing at selected wastewater content. The EPA has set the action level pumping stations; targeted collection for lead in drinking water at 15 parts per system cleaning and inspection; and billion and copper at 1.3 parts per million, enforcement of grease interceptor the level that triggers corrective actions to requirements at food establishments. A be undertaken by the water supplier. The major cause of sulfide is the wastewater results of the sampling program have once detention time associated with large again successfully met EPA guidelines. numbers of pumping stations and miles of associated sewer force main piping. Lastly, the Division performs During the past five years, the number of approximately 936 bacteriological tests pumping stations has been reduced from annually to ensure the quality and 50 to 43 as part of the capital program. The Town maintained continuous In addition to construction activities, compliance throughout the year with the excavations required for repair of over EPAsting 191 water system failures, 169 sewer (Total Coliform Rule). system failures and 2,674 first response calls for customers in need of immediate CONSERVATION AND OPEN assistance were performed. To ensure the SPACE DIVISION protection of our infrastructure during The Division supports the Conservation contractor excavations, the Division Commission and is responsible for belongs to Dig Safe and is required to implementing local, state and federal mark out all water and wastewater wetland laws; managing over 400 acres of infrastructure in locations where conservation land; and engaging the excavations will occur. In 2016, the public in conservation efforts. Division responded to over 3,500 Dig Safe requests. The Division reviews all proposed and on-going municipal, private, commercial The Division also completed CCTV video and industrial projects to determine if they inspection of over 118,438 linear feet of fall under the jurisdiction of local, state sewer pipe where the conditions were and federal wetland laws; conducts site documented using a remotely controlled inspections; attends relevant meetings; camera unit that traveled through the provides technical expertise; represents pipe. The inspection process revealed the Commission in legal matters; and areas of the system that have actual or performs interdepartmental reviews for potential problems that may require repair other town departments. Other or replacement. Although we are responsibilities include managing currently working with a contractor to conservation land owned by the Town; replace meters that are over 15 years of overseeing the Framingham Stewardship age, the Division completed over 650 Program; directing the Nuisance Aquatic meter replacements and performed 4,600 Vegetation Management Program; and backflow device tests in 2016. providing education and outreach to residents. Public Works179 7 Enforcement Orders 1.Wetlands Protection Achievements: 44 Administrative Approvals Reviewed, for jurisdictional 2. Nuisance Aquatic Vegetative relevance, all applications for 89 Management Achievements: In 2016, inter-departmental reviews the Division expanded the Nuisance (Building Permits, Planning Board Aquatic Vegetation Management Program Permits and Zoning Board of to include the 38 acre impounded section Appeals Permits). of the Sudbury River through Saxonville. At the request of concerned Framingham Held 24 Public meetings to citizens, and with the support of the non- discuss project applications, land profits OARS and Friends of Saxonville, management efforts and public the Division prepared, filed, and education efforts. successfully obtained all applicable permitting for Nuisance Aquatic Reviewed and permitted 41 Vegetation Management within the Notices of Intent applications Sudbury River. The Division successfully with no denials. applied and was awarded a $5,000 grant Reviewed 1 Abbreviated Notice of from the Sudbury, Assabet and Concord Resource Area Delineation. The Wild and Scenic River Stewardship Abbreviated Notice of Resource Council in support of the program. The Area Delineation was still under Division anticipates treatment of review into 2017. Nuisance Aquatic Vegetation within the Sudbury River will commence in June Reviewed 20 and permitted 18 2017. Request for Determination of Applicability applications, 1 The Division continues to administer the resulting in NOI filings and 1 Lakes and Ponds Nuisance Aquatic being withdrawn by the Applicant. Vegetation Program that manages nuisance and/or invasive aquatic 2 Emergency Certifications were vegetation in Farm, Gleason, Learned, issued. Mohawk, Norton and Waushakum Ponds. Performed numerous site visits 3. Open Space Achievements: The and inspections to gain first-hand Division, working with the Open Space information of on-site conditions and Recreation Implementation Working and verify wetland delineations. Group, took the lead on the prioritization The Commission continued to oversee of all open space parcels for possible active projects from prior years. It issued: protection. The Division also took the lead with Community and Economic 8 Amended Orders of Conditions Development in securing a grant from the for project changes Nyanza Fund for the protection of open 9 Minor Plan Changes space parcels along the Sudbury River near Framingham Center Common. 4 Permit Extensions 4. Conservation Land Management: 25 Certificates of Compliance The Division continued and expanded the highly successful land management 9 Wetland Violations program instituted in the summer of 2014 Public Works180 with an expansion of seasonal staffing that 7. Stewardship Achievements: The increased the number of projects land stewardship has been the undertaken and completed. These focus of our seasonal conservation crew. projects included invasive species The Division plans on rebuilding our management; meadow restoration at the volunteer Stewardship Program through newly acquire Snow property abutting outreach at Earth Day and other Wittenborg Woods; reconstruction of a upcoming events and is currently working historic stonewall; reconstruction of the with several Eagle Scout Projects. boardwalk at the Carol Getchell Trail; and trail maintenance and clearing. FLEET, FACILITIES AND 5. Administrative Achievements: The COMMUNICATIONS DIVISION Division and the Conservation The Fleet, Facilities and Communications Commission collaborate with the Public Division continues to provide critical Works, Parks and Recreation, Planning, support services for vehicle and Building and Community and Economic equipment maintenance to the Public Development Departments to ensure Works Department and other Town compliance with state and local wetland agencies. This Division is accountable for laws. The Division works closely with the development and implementation of several local organizations such as Bay professional fleet management standards Circuit Trail Alliance, Friends of and practices; the design and procurement Saxonville, Massachusetts Department of of all public works vehicles and Conservation and Recreation, equipment; and for providing Massachusetts Department of standardized maintenance management Environmental Protection, practices for all public works facilities Massachusetts Department of Fisheries including water, wastewater and pumping and Wildlife, New England Wildflower stations. The Division is also charged with Society, SuAsCo Wild and Scenic River the technical management of the Stewardship Council and the Sudbury telecommunications network that Valley Trustees to protect the Town's provides a critical service component to wetland resource areas and open space. 6. Educational and Outreach Management Response Plan. Achievements: The Division participated in the Earth Day Festival on The Division provides logistical support the Common, making contact with dozens to the Department through the provision of residents that came to the event. The of fully operational equipment, facilities Division conducted two interpretive and telecommunications that together, walks, at Cochituate Brook Reservation ensure the effective and efficient delivery and the Carol Getchell Trail, for the of essential services to the residents of the Riverfest Festival with over 20 community. The Division continues to be participants as well as an interpretive walk one of three major equipment and on the Cochituate Rail Trail for Trail Fest. materials cache sites for the Northeast Additionally, the Division coordinated Homeland Security Regional Advisory with a local charter school hosting a Council (NERAC). regional cross-country race event at Macomber Reservation and participated in the Friends of Saxonville water chestnut pulling event on the Sudbury River. Public Works181 Fleet Management During the year, the Division researched, The Division wrote 5,601 repair orders, designed and prepared specifications for performed 941 scheduled preventative the procurement of the following maintenance services, completed 221 specialized equipment: three 11,000 GVW Commonwealth of Massachusetts Registry cab and chassis trucks with service bodies of Motor Vehicles Enhanced Emissions and plows; two 15,000 GVW cab and State Inspections and managed the chassis with dump bodies and plows; four acquisition and distribution of more than 10,000 GVW cab and chassis with pickup 295,500 gallons of gasoline and diesel fuel. bodies and plows; one 33,000 GVW construction body truck; two 40,000 Facility Maintenance GVW cab and chassis with dump body This year, the Division completed the and plow; and one tracked sidewalk MADEP mandated monthly inspections tractor with attachments. and annual calibration of the fuel pumps located at the Western Avenue fuel site. Technician training sessions continued The oil/water separators at Western both in-house and off-site, that included Avenue and the Mount Wayte Recycling Ford training, Compu Spread sander Facility continue to be inspected quarterly control training, sweeper training, and pumped out in compliance with DEP Occupational Safety and Health regulations, at a minimum, annually, or Administration (OSHA) 10 training, Mack sooner if needed. The Division continues diagnostic training, MWRA confined to perform full load tests on the space training, CFA Software training, emergency standby generators at both the Right-to-Know training, hoisting license Henry Street and Western Avenue recertification and automated refuse facilities. This is done quarterly to insure packer training to help keep technicians proper operation along with a semi-annual current with the ever changing industry. maintenance program. The annual fire The parts manager, along with other sprinkler inspection was performed at personnel, has completed the Hoisting both the Mount Wayte Recycling and the Engineer Refresher Course that is Western Avenue Facilities. mandated by the Commonwealth of Massachusetts. The Fleet Services The second phase of the Point to Point operations manager has completed the (PTP) Microwave Radio Backhaul Massachusetts Certified Public Purchasing Network was completed in early summer Official (MCPPO) Program for Design 2016. This project included microwave and Construction Contracting. dish sites at the Framingham Police Department, Framingham Public Works This past winter was the 10th winter and Massachusetts State Police season that a temporary site setup has headquarters. This will increase network been utilized by the technicians who are capacity and system reliability while assigned to be on the north side of Town reducing system downtime and during snow and ice events. This reoccurring telephone monthly costs. The continues to provide the technicians a third phase of this project, activating all of closer proximity to make repairs while the Department of Public Works radios to digital, will be completed by the end of that would occur if returning to the summer 2017. This will increase the town- Western Avenue facility on the south side wide coverage. of Town. Public Works182 The Spill Prevention Control and properties, are administered on behalf of Countermeasure Plans (SPCCP) continue the Board of Selectmen. to be reviewed annually to ensure accuracy. This plan is necessary so that The Division coordinates new staff hiring; guidelines are in place to respond to any manages payroll and personnel activities type of uncontrolled release of hazardous for 170 FPW employees; processes materials. This plan also includes all of the thousands of vendor invoices; manages operating, enterprise, grant, and revolving Recycling Facility. fund budgets; processes walk-in scheduling requests for sanitation pickups; The Division continues to do monthly records fuel inventory activity and inspections at the Watson Place flood generates internal invoices for Town station and perform repairs when necessary. Western Avenue fuel pumps; oversees the Drain Layer License renewal process; ADMINISTRATION & FINANCE processes over $100,000 in revenue DIVISION deposits; and coordinates state and federal reimbursements. The Division provides for the consolidation of all Administrative, Financial and Human Resources functions within Framingham Public Works (FPW) and strives to enhance the efficiency and accuracy of those functions through the use of professional practices. service and technical support to Conservation, Engineering, Fleet, Highway, Solid Waste, Water and Wastewater, as well as providing other Town departments with information in a timely and accurate manner. Responsibilities include managing water and sewer utility billings for the Town; and servicing customers via telephone, mail, email and in-person. The Division issued 73,079 bills in 2016. The majority of Framingham residential customers are billed quarterly for water and sewer usage, while commercial, industrial and high volume customers are billed monthly. Currently, 1,655 of 18,213 customers are -line bill payment program. Discount and Utility Abatement Policies for the elderly, blind, and disabled veterans, and for agricultural Public Works183 PB|C&ED|MAP LANNINGOARDOMMUNITYCONOMICEVELOPMENTETROPOLITANREALANNING CMWRTA|FHA OUNCILETROESTEGIONALRANSITUTHORITYRAMINGHAMOUSINGUTHOR PB LANNING OARD Memorial Building, Room 205| 508-532-5450 |planning.board@framinghamma.gov The Framingham Planning Board (FPB) Christine A. Long, Chair; Stephanie A. works to efficiently and effectively Mercandetti, Vice-Chair; Lewis Colten, enhance development and redevelopment, Clerk; Thomas F. Mahoney; and Victor A. while preserving open space, encouraging Ortiz. On March 31, 2016 the FPB alternative modes of transportation, and reorganized as follows: Christine A. Long, reinforcing a live-work-play model, all of Chair; Lewis Colten, Vice-Chair; Victor A. which will serve the surrounding Ortiz, Clerk; Thomas F. Mahoney; and neighborhoods and community at large. Stephanie A. Mercandetti. During 2016, the FPB Office was comprised of: Through the Plan-Build-Grow permitting Amanda L. Loomis, Planning Board process the FPB works with the applicant, Administrator, Alexander C. Mello, Town Departments, and the Framingham Associate Program Planner, Raphaela S. community to ensure that development Morais-Peroba, Community Outreach and/or redevelopment projects Coordinator, and Stephanie Marrazzo, complement the neighborhood, Clerical Assistant. minimize negative impacts to the community, while accommodating new MAJOR PLANNING PROJECT growth. Such new growth and/or FACTS expansion assist in the creation and/or In the 2016 calendar year, the FPB held maintenance of a solid fiscal foundation, 42 meetings, granted 31 project decisions, provides employment opportunities, and 10 Approval Not Required endorsements, sets the stage for new growth and 1 Transfer of Development Rights opportunities within Framingham. (TDR) determination for a Giving Parcel. The FPB considered applications for the In 2016, the FPB made substantial following types of projects: progress towards completing the 12 Site Plan Reviews; recodification of the Framingham Zoning 25 Special Permits; By-Law, implementation of the Master 13 Modification to a previously Land Use Plan action, collaboration on approved Decision; long planning projects, efficiently reviews 4 Extensions to a previously approved and permits projects, increased public Decision; communication and outreach. 8 Public Way Access Permits; 4 Scenic Roadway Modifications; THE PLANNING BOARD 10 Approval Not Required (ANR); The FPB is comprised of five elected members who reside in the Town of 2 Preliminary Subdivision; Framingham. From April 9, 2015 to 1 Definitive Subdivision; March 31, 2016 the FPB included: Planning and Economic Development184 Town of Framingham2016 Annual Town Report 1 Determination Transfer of DevelopmentArticle 28: Amendments and Rights (Giving Parcel)Modifications to Various sections of Framingham Zoning By-Law for QUICK PLANNING FACTS Purposes of Clarification, Consistency relative to the The average permitting time from the recodification process of the date an application was stamped in Framingham Zoning By-Law - with the Town Clerk to the Planning amend the Framingham Zoning By- Law by: amending existing sections of 37 days); Section I.E. relative to consistency and The average permitting time from the clarification; deleting the definition of date of the first public hearing to the Limited Manufacturing from Section I.E. Definitions; adding a definition (median: 18 days); for Master Plan (Master Land Use Average number of public hearings Plan) to Section I.E. Definitions; held for projects: 2.67 public hearings amending the citations in Section (median: 2 public hearings); and II.I.4 and II.I.6; deleting Section II.I.7 Average number of public hearings from the Central Business District held for projects, not including public section; amending Section VI.E.2.e; hearings continued without testimony: and inserting a new Section VI.F.10. 2.21 public hearings (median: 2 public hearings). Fall Special Town Meeting Total number of jobs created by October 18, 2016 approved projects: Article 25: Amendments to the Construction jobs: 609-624 Framingham General By-Law by Full-time jobs: 130 amending Article VI, Section 10.6.2 Part-time jobs: 266 Curb Cuts relative to the allowance of Estimated reportedproject common driveways by-right development cost: $90,259,433.00 Article27: Amendments and Modifications to Various sections of ZONING BY-LAW AMENDMENTS Framingham Zoning By-Law for The following zoning amendments and Purposes of Clarification, Consistency policy requests were approved at the relative to the recodification process Annual and Special Fall Town Meeting of the Framingham Zoning By-Law - and then approved and/or pending amend the Framingham Zoning By- approval by the Attorney General. The Law, with deleted, changed, or 2016 Town Meeting Articles include the a- following: (new text is underlined and deleted text is stricken through) by: (1) adding Annual Town Meeting April 26, 2016 new language and modifying existing Article 27: Affordable/Inclusionary language in Section I.D.8; (2) Housing By-Law - amend the amending existing sections of Section Framingham Zoning By-Law by I.E. Definitions relative to consistency deleting the existing Section V.H. and clarification; (3) amending the Affordable Housing and replacing it citations in Section II.D for with a new Section V.H. Inclusionary consistency; (4) renumbering Section Housing By-Law II.I.; (5) amending Section IV.B.2, Planning and Economic Development185 Town of Framingham2016 Annual Town Report  IV.B.3.c, IV.B.4.b. IV.B.5.a for MASTER PLAN clarification, consistency, and IMPLEMENTATION renumbering; (6) adding a new section The Planning Board will present the status of the IV.B.5.b related to parking structures; Framingham Master Land Use Plan at the 2017 (7) amending Section IV.E.2 Table of Annual Town Meeting. The Annual Town Dimensional Regulations relative to Meeting status report shall provide an update on clarification, consistency, and Building the work items completed and/or to be added to Height clarification; (8) amending Section V.J.4 for spelling; (9) by the Master Land Use Plan. Work initiatives amending Section V.L.1.e and V.M.1.f from the Master Land Use Plan completed in for consistency; (10) amending Section 2016 include: V.L.2.b.i and V.M.2.b.i for Section 5.1.1 Comprehensive Revision clarification; and (11) amending to Town Land Use Regulations Appendices 2, 3, 4, 5, 8, 9, 10, and 11 Section 5.1.3.4 National Park and by deleting dated language and replace Historic Development Task 5.a. and with a reference directing to the c. Framingham General By-Laws Section V.B Historic Reuse By-Law (Zoning By-Law) Article 30: Amend the Framingham Section 5.1.3.5 Scenic Roadway Zoning By-law Special Permit for Article VI, Section 10.6.2 Related to Land Disturbance and Stormwater the allowance of Common Driveways Management - amend the by-right (General By-Laws) Framingham Zoning By-Law by: (1) Section 5.1.4 Transportation Section adding new definitions to Section I.E. 5.1.4.2 Complete Streets relative to the Land Disturbance and Complete Street Designation, Chapter Stormwater Management By-Law; and 90I Complete Streets Funding (2) further deleting the existing Program, funds received in 2016 Section V.F. Land Disturbance By- Section 5.1.6 Healthy Communities Law and replacing it with a new Initiative 5.2.2.2 Reinforce Low Section V.F. Land Disturbance and Impact Development (LID) Program Stormwater Management By-Law Standards, Section 5.3.2 Sustainable Article 31: Amend the Framingham Site Design and Green Infrastructure, Zoning By-law Section V.B Historic and Section 5.5.4.11 Sustainable Reuse - amend the Framingham Design Standards Zoning By-Law by deleting the Section V.F Land Disturbance and existing Section V.B. Historic Reuse Stormwater Management By-Law By-Law and replacing it with a new (Zoning By-Law) Section V.B. Historic Reuse By-Law Section 5.2.3.3.d Increase Sensitivity Article 32: Amend the Framingham to Historic encourage or require the Zoning By-law Section VI.E Special use of shared driveways Permit - amend the Framingham Zoning By-Law by deleting the Section 5.2.4 Housing Strategies existing Section VI.E., Special Permits Section V.H Inclusionary Housing By-Law and replacing it with a new Regulations (Zoning By-Law) Section VI.E., Special Permits By-Law Planning and Economic Development186 Town of Framingham2016 Annual Town Report Work initiatives from the Master Land and Section 5.2.3.4 Consider Historic Use Plan to be worked on and/or Preservation Incentives completed in 2017: Section 5.2.4 Housing Strategies Section 5.1.1 Comprehensive Revision to Town Land Use Regulations COLLABORATED WORK Sections 5.1.2.3 Target Areas on EFFORTS Corridors Identified for Rezoning and 5.2.9 Specific Area Strategies: GoldenMetroWest Moves (Mass in Motion Triangle (Section 5.1.2.3.1), SouthCommunity Transformation Grant) Framingham (Section5.1.2.3.2), Complete Streets Funding Saxonville Nobscot Corridor (Section Bicycle and Pedestrian Plan 5.1.2.3.6), South Framingham (Section 5.2.9.3), Nobscot (Section 5.2.9.5), Saxonville (Section 5.2.9.7), and ADMINISTRATION Golden Triangle/Major The FPB continued to improve its efforts Arterials/Highway Corridors (Section in public outreach and information 5.2.9.8) Section 5.1.2.3.11 Route 9/Worcester Planning Board Facebook page. The Road Corridor Planning Board has been working to Section5.1.4.1 Town-wide ensure all projects currently under review Transportation Planand archived projects are available on the Section 5.1.4.2 Complete Streets accessibility. Section 5.1.8.1 Town-wide Economic Development Plan To learn more about the activity of the Section 5.2.2.3 Review Design FPB and see the full 2016 FPB Annual Standards and Process, Section 5.3.1 Design Standards and Guidelines and Performance Standards, and Section www.framinghamma.gov 5.3.4.5 Architectural Standards and Guidelines Respectfully submitted, Section 5.2.3.3 Increase Sensitivity to Christine A. Long, Chair Historic Resources and Community CEDD OMMUNITY AND CONOMIC EVELOPMENT IVISION Memorial Building, Room B2| 508-532-5455 |www.ChooseFramingham.com Community and Economic projects are multi-dimensional, ranging Development 2016 from promoting homeownership and The Community and Economic Development Division (CED) undertakes providing policy analyses and pursuing a wide variety of projects focused on mission-related grants. The Division also protecting and enhancing the quality of promotes the Town as a desirable place in life for residents. The which to live, shop, work, and invest. Planning and Economic Development187 Town of Framingham2016 Annual Town Report The Division consists of three from individuals and businesses interested departments: Planning, Zoning Board of in locating in Framingham, and link Appeals (ZBA), and Community projects to available property and Development (CD). While each resources. Staff sit on interdepartmental department concentrates on different teams that review development proposals, functions, each coordinates closely with to facilitate the project through the other departments & divisions, boards, various review processes. Staff also serve committees, and the public. connecting property owners, existing PLANNING DEPARTMENT businesses, and prospective businesses Memorial Building, Room 205 with other municipal departments. (508)532-5455 Planning@framinghamma.gov Major 2016 Planning Department initiatives include: The Planning Department concentrates Downtown Central Business on sound planning to promote economic District (CB) developer outreach development and support our residential around Transit Oriented neighborhoods. Planners manage a Development (TOD). In October variety of projects and provide policy 2015, Town Meeting voted, by analyses for the Town Manager and Board overwhelming margins, to approve of Selectmen. The Department pursues, revisions expanding the CB district and manages mission-related grants while and allowing for higher-density, mixed also providing staff support to town use development. These votes set the committees. The Planning Department stage for extensive engagement with coordinates closely with Planning Board developers in 2016, including an and Department of Public Works (DPW) EDIC-sponsored downtown staff on all planning issues. developer tour, in May. This outreach effort resulted in two large TOD Economic Development projects proposed for the CB district. The Department is committed to encouraging appropriate economic MassPike Exit 13 Selectmen signed development, to grow the tax base and a Memorandum of understanding with contribute to the fiscal health of the town. Natick to conduct a joint planning The Department also supports the implementation of several plans including The work will result in a plan for the Land Use Master Plan, updated by the encouraging future growth in the area, Planning Board in 2014, the 2013 Open as well as support planning for Space Plan, the Housing Plan (updated in improved MassPike access. Major 2014) and the Strategic Economic study work will begin in Spring 2017 Development Plan (EDIC 2015). and be completed by the end of 2017. Appropriate Economic Development SoutheastFramingham The The Department targets and promotes the Department finished work with development of major parcels for MAPC to on a Southeast Framingham (re)development throughout town. Staff Neighborhood Action Plan, to engage with businesses with expiring coordinate Town improvements to leases, monitor property that is available the Waverly Street/Beaver Street area. for sale and lease, respond to questions Planning and Economic Development188 Town of Framingham2016 Annual Town Report The Department also completed the Southeast Framingham Brownfields work they began in 2014 including Redevelopment Plan, to address publishing a monthly newsletter, hosting commercial properties and business events, and increasing the contamination in this area. The plans are set for release in 2017. influencers. This year, the consultant also updated the Strategic Marketing Plan to Comprehensive Economic guide our efforts over the next few years. Development Plan. In May, Town Meeting approved a resolution calling The Strategic Economic Development for a study of all current and Plan (www.framinghamma.gov/Villages prospective development proposals, 2015) for the Nobscot and Saxonville to assess potential impacts on Town commercial districts was completed in infrastructure and schools. With the June 2015. This project provides a Town Manager and other community-supported vision and action Departments, CED drafted a concept plan for redevelopment in these areas. for at two-phased,town-wide EDIC and CED are working to economic developmentplan. implement plan recommendations Leveragin throughout 2016, with a focus on Land Use Plan, the concept calls for fostering the redevelopment of the identifying feasible development Nobscot shopping plaza. options, assessing impacts, identifying zoning changes, and public outreach. The EDIC also supports Town CED completed a request for membership in the MetroWest Chamber, information (RFI) in the fall, gaining MassEcon, and NAIOP, providing access feedback from potential service to regional & statewide development providers that will strengthen the networks. EDIC funds have also been concept. CED plans to issue and RFP used to acquire business data and begin the project later in 2017. subscriptions and training opportunities for EDIC and CED staff. The EDIC Economic Development Industrial hosted a small business event in Corporation (EDIC). The EDIC is Saxonville in March as well as successful charged with creating a proactive capacity to execute activities supporting the In June they held a forum on the Economic Development Strategic Plan. Millennials in the workplace, Based in part on the Economic demonstrating that our future workforce Development Self-Assessment Tool sees potential in Framingham as a place to (EDSAT) it sponsored in 2012, the EDIC work, live, and play. received funding for a number of activities. In 2013, the EDIC and CED created an internship program in conjunction with The EDIC designated the bulk of the Framingham State University. In 2016, funding to hire a consultant to continue Town meeting allocated funds for EDIC implementing the 2014 marketing plan, to to offer a small stipend. This year, EDIC help position the Town as a desirable interns undertook a number of projects location to live and open a business. In including www.ChooseFramingham.com September 2016 the EDIC engaged Planning and Economic Development189 Town of Framingham2016 Annual Town Report website updates, outreach to small and improve safety along the Concord businesses, several small research projects. Street as well as beautify the downtown. Promotion The long-term plan, to introduce a grade Consistent with the Economic separation into the downtown, is a priority Development Strategic Plan, the EDIC is Town project on the Metropolitan leading efforts to market Framingham, to encourage firms and individuals, to invest, Transportation Plan (LRTP). live, and shop here. Marketing channels, through which the EDIC shares Framingham Downtown Renaissance information and positive stories about (FDR) business success & quality of life, include: CED supports Framingham Downtown Renaissance (FDR), a non-profit Thewww.chooseframingham.com organization focused on the revitalization website of commercial areas which provided A monthly email newsletter reaching assistance to 55 local businesses that over 1,000 regional business & impact 30,635 residents. In addition, development leaders FDR highlighted downtown businesses A twitter account - @Choose ram and increased the customer base to the with over 1,300+ followers (up by 400 area, most notably through its Holiday since last year) Pop Up Bazaar and other activities. A Facebook page with over 400 followers Staff participates in Board of Directors meetings and ensures compatibility and Downtown Revitalization collaboration between FDR and Town Building on planning efforts dating to efforts and policies. FDR also received 2009, the Planning Department $58,000 in Community Development coordinates and supports several efforts Block Grant funds from the Community to promote revitalization and Transit Development Department in support of Oriented Development (TOD). its organizational goals. In addition to promoting the new Central FDR furthered its mission this past year - Business zoning to the development during a period of transition as Holli community, CED continued to work Andrews announced plans to her role as with other departments on permitting and Executive Director in early 2016. FDR other Downtown business issues. CED completed the mural facing the train also helps to fund Framingham station by local artist, Sorin Bica under the Downtown Renaissance, which promotes the Downtown & works with area businesses. In the fall, with the MetroWest Regional Transit Authority and Cisco Cycles, FDR CED also coordinates with other Town sponsored the Farm Pond Vintage Bicycle departments on infrastructure planning. Festival. The event celebrated In Fall 2016, MassDOT completed the two-year construction of downtown Farm Pond and included a vintage bicycle roadway and streetscape improvements. show. These improvements address traffic flow Planning and Economic Development190 Town of Framingham2016 Annual Town Report nd FDR also organized the 2 Annual Since 2008, the Department secured and Park(ing) Day that converted on-street administered three EPA grants totaling parking into public spaces. It continued $800,000 to identify, abate, and eventually to sponsor its annual Winter Wonderland, redevelop brownfields. This year, the to promote downtown shopping over the Department wrapped up its most recent holidays, conducted this year at Amazing grant, awarded in 2012. The Program Things Art Center & the Burkis Square involves identifying and targeting sites, Community Police Substation. It also interfacing with property owners, and rd organized the 3 working with a licensed site professional established in 2014 as an event connecting (LSP) to conduct environmental site marathon spectators to local businesses. assessments (ESAs) of selected properties. Beyond its fun and lively events, FDR also collaborated with various community This grant culminated in completion of partners on issues of safety, crime and the 6RXWKHDVW)UDPLQJKDP%URZQILHOG3ODQ downtown construction. Learn more 6WXG\ 6HSWHPEHU  an evaluation of about FDR on its Facebook page, Twitter the brownfields redevelopment potential feed and website fdrms.org. in South East Framingham, as a complementary investigation to the work Technical Review Team MAPC is doing in the same area. The The Department supports a multi-grant ended in September 2016 and was departmental approach to ensuring timely formally closed out in December. Staff and efficient project permitting. The submitted an application for FY17-19 team, including representatives of all EPA Assessment funding in December permitting parties (Planning Board, and expects notification in May 2017. Inspectional Services, etc.) meets with project proponents to identify permitting Cultural District Designation requirements, identify issues, and track Led by Rep. Chris Walsh, the Department timely resolution. The approach is supporting an effort to establish a promotes appropriate economic development by boosting the Common. A state-recognized district will highlight cultural resources clustered in permitting efforts. the area, including the History Center, Danforth Museum, FSU, and the historic Brownfields architecture of many district buildings. Framingham has a considerable number of brownfields, properties that contain or Residential Neighborhoods potentially contain hazardous substances, While economic development initiatives pollutants or contaminants that support residential neighborhoods by generating additional taxes, the expansion or redevelopment. Brownfields Department enhances these efforts with are not only a blighting influence on their projects that protect and improve surroundings, but are typically underutilized. These properties have the Department continued to respond to a potential to generate significant new Board of Selectmen policy placing a property taxes, once hazards are abated or priority on encouraging homeownership it is established that that they are not and targeting efforts to vulnerable contaminated. neighborhoods. The Community Planning and Economic Development191 Town of Framingham2016 Annual Town Report Development (CD) Department also plays space opportunities, with special attention an important role in neighborhood on south side opportunities an area of Town where open space is most lacking. Development Block Grant (CDBG) and HOME Programs are focused on Staff continued work on the Nyanza improving eligible neighborhoods. Also, settlement grant to buy Conservation Restrictions along the Sudbury River, Code Enforcement Task Force, linking coupled with land donations. Final federally funded rehabilitation programs contract amendments were issued in 2016 to Town neighborhood improvement totaling a commitment of up to $314,600 efforts. for this open space project. Policy Analyses, Studies, Project Transportation Management, and Special Projects CED works closely with DPW to insure The Department undertakes projects, prepares policy analyses, and coordinates improvement priorities are identified on inter-departmental projects. Some of these projects include the following: Plan (TIP), a prerequisite for federal and state funding. The Deputy Director Multiple Hazard Mitigation Planning serv The Department staffs the Multiple The Union Avenue Corridor is the Hazard Mitigation Plan (MHMP) Working Group, which consists of representatives submitted for TIP evaluation at the end of of various Town divisions as well as 2015. In 2016, staff worked to provide the citizens and is responsible for overseeing MPO with critical project information, which improved the proj MHMP, required by the Federal Disaster The project is scheduled for the 2021 TIP. Mitigation Act of 2000. In October, the Department completed the Draft 2017 Bicycle and Pedestrian Planning MHMP Update and submitted it to CED recognizes a need for a MEMA and FEMA for review. The comprehensive look at better Working Group met throughout the year accommodating bicycle and pedestrian and held two public meetings on the Plan. access throughout Town. CED staff continued to lead an interdepartmental Open Space Strategy team, including DPW and Planning Board The Planning Department staffs the Open Space & Recreation Implementation and Pedestrian Plan. When complete, the Working Group (OSRIWG), which is plan will guide Town investment in charged with implementing the 2SHQalternative transportation infrastructure. 6SDFHDQG5HFUHDWLRQ3ODQ 2653 . The The team met numerous times in 2016 to OSRIWG more specifically staff from develop the draft Plan. CED, Planning Board, Parks, and Conservation Commission continued to In line with the Bicycle and Pedestrian Plan, staff submitted a $400,000 Strategy, meeting regularly to discuss opportunities to advance the Open Space Complete Streets funding round for a Priority List. Multiple avenues were multi-use path along Dudley Road and followed to advance acquisition of open Farm Pond. The grant was awarded in Planning and Economic Development192 Town of Framingham2016 Annual Town Report September 2016 at the State House in Subsidized Housing Inventory (SHI) Boston by the Lt. Governor and DOT The Planning Department monitors the officials. The Department also established a new website, Subsidized Housing Inventory, to ensure www.framinghamma.gov/bikeped, to highlight planning efforts in this area. units are accurately and fully counted. Bruce Freeman Rail Trail (BFRT) designated as affordable remains in excess The Department manages the planning of 10%. This limits the applicability of process to develop the Framingham Chapter 40B Comprehensive Permits component of the proposed 35-mile rail (subsidized housing development that is trail that will extend from Lowell to not subject to municipal Zoning Codes). Framingham. The Department, along with the Town Manager, has been State and Federal Grants working with the Town of Sudbury, CSX, The Planning Department constantly and the Trust for Public Land on identifies and analyzes the applicability of advancing this project. Activities included grants as well as researches the availability attending regular meetings with the parties of funding for specific projects. In 2016, involved, conducting an appraisal on the CED secured: corridor, updating the rail banking status, and considering funding mechanisms. $314,600 (total contract) from the State to purchase conservation land Aqueducts (Nyanza) Department planners continue to work with the Parks and Recreation Streets Program for a multi-use path Department in improving public access to the Weston and Sudbury Aqueducts. The Department did not win a Zoning Amendments & Brownfields Assessment Grant submitted Recodification in 2015. Staff applied for another The Department participates in the $300,000 Brownfields Assessment Grant Zoning Bylaw Amendment and in December 2016. Recodification process, alongside Town Counsel, the Building Commissioner, CED also collaborated closely with the Planning Board, and Town Manager. This South Middlesex Opportunity Council, year, the Department worked on FDR and the Metrowest Chamber of advancing a number of initiatives Commerce, on implementation of a including revisions the Historic $125,000 state Urban Agenda grant. Preservation bylaw, the Transfer of These parties joined with others to create Development Rights bylaw, and the the Framingham Business Resource Corporate Mixed Use zoning, based on Alliance (FBRA), a network providing technical assistance and microfinance to current small business owners & Sustainability Planning prospective entrepreneurs. The FBRA The Department maintains the website partners conducted numerous small that tracks sustainability efforts town- business workshops and conducted wide. monthly coordination meetings. http://www.framinghamma.gov/greenfra mingham. Planning and Economic Development193 Town of Framingham2016 Annual Town Report Staff applied for a $30,000 DCR Urban Department of Housing & Community Forestry Grant in November 2016. If Development (DHCD). awarded, the grant will assist CED and DPW, while leveraging Framingham State ZONING BOARD OF APPEALS University students, to create a South Memorial Building, Room B2 Framingham Urban Forest Inventory and (508)532-5456 zba@framinghamma.gov Management Plan. www.framinghamma.gov/zba The Department and the Planning Board The Zoning Board of Appeals (ZBA) is continue participation in MetroWest the Permit Granting Authority and the Moves, a partnership between Special Permit Granting Authority for Framingham, Hudson, and Marlborough projects that do not meet the & Northborough designed to advance healthy communities. It was most recently funded in July 2016 by the a public hearing process, approve or deny requests for appeals, variances, and special Motion program. permits, and issue findings, determining whether required criteria, as stated in the Provide Support to Town Committees Zoning Bylaw, have been met. The ZBA The Department provides staff support to also administers the Comprehensive several Town committees, including the Permit process for affordable housing as EDIC, the Framingham Historical set forth under M.G.L. Chapter 40B. Commission and the Framingham Historic District Commission. The ZBA is a three-member Board appointed by the Selectmen. In 2016, Full Linkages to Municipal, Regional, and Members of the Board were Philip R. State Organizations Ottaviani, Jr., Chair; Susan S. Craighead, The CED Director and Department staff Vice-Chair; and Stephen E. Meltzer, participate represent the Town through a Clerk. Edward (Ted) Cosgrove, Kevin host of associations, working groups and Gatlin, Joseph Norton, and Robert Snider committees including but not limited to served as Associate Members. Mr. Gatlin MetroWest Chamber of Commerce, left the Board in June 2016. Sam MAPC, MetroWest Regional Scoppettone continued the duties of ZBA Collaborative, MetroWest Economic Administrator. Mr. Scoppettone prepared Research Council Advisory Board, MetroWest Moves, Athenaeum Task Board on procedural and other issues. Force, Framingham Community Alaa Abusalah was hired as Administrative Partnership, Greater Callahan Initiative, Assistant in August. Town Counsel 495/MetroWest Partnership, advised the Board as required. Total filing Transportation Improvement Program fees in 2016 amounted to $24,500. These (TIP), Code Enforcement Task Force, funds go directly into the General Fund. FDR, and Brownfields Coalition of the Northeast. The Department also Forty-one petitions were filed with the maintains strong contacts with many state ZBA office in 2016. These 41 cases entities, including the Massachusetts represent 21 fewer than the 62 cases Office of Business Development processed in 2015. Of the 41 cases heard (MOBD), MassDevelopment, and the in 2016, 20 were requests for variances, 13 Planning and Economic Development194 Town of Framingham2016 Annual Town Report for special permits, 4 for findings, and 4 community develop and maintain appeals of the decision of the Building Commissioner. Some petitions contain populations. CD is staffed by two full- multiple requests. Variance and special time and one part-time position. During permit requests included those for relief FY2016, the Town received $502,731 in from dimensional requirements for: CDBG and $184,103 of HOME funds. construction of, and additions to, single The following summarizes several major family homes; placement of garages and 2016 accomplishments: sheds on residential properties; construction of two-family residences and Housing Rehabilitation Assistance automotive and restaurant uses; and Program (HRAP) changes of use for local businesses. Some The HRAP program provides technical of these filings were the outcome of assistance and loans for comprehensive changes in zoning districts in past years and emergency repairs, as well as resulting in non-conforming lots. substantial rehabilitation, to homes of income-eligible homeowners. In 2016, it Three Associate Members presided over assisted four eligible households. A new sign appeal applications, with a fourth Housing Rehabilitation Consultant Alternate Member. 14 sign applications provided oversight of the homes the were filed in 2016. department repaired. He inspected rehabilitation projects as they were The Board generally meets on the second completed, followed by secondary Tuesday of every month at 7:00 P.M. in the Blumer Room. Members of the Inspectional Services Department. public are welcome to attend. Up-to-date meeting agendas and case files are posted Code Enforcement & Neighborhood on the Public Meeting Portal Improvement (www.framinghamma.gov/meetings). CDBG funds supported housing code inspections in designated neighborhoods. In 2016, 420 inspections were conducted, COMMUNITY DEVELOPMENT and 325 cases were resolved. This AND HOME PROGRAMS program works in tandem with the Code Memorial Building, Room B-3 Enforcement Task Force, a multi- (508) 532-5457 departmental team that conducts monthly nsaj@framinghamma.gov site visits of town neighborhoods to develop solutions and improvements from The Community Development a holistic, inter-disciplinary approach. Department (CD) manages and administers the Community Development Public Facilities Improvements Block Grant (CDBG) and Home CDBG funds supported public facility Investment Partnership Act (HOME) improvements at Butterworth Park to grants allocated to the Town by the US upgrade its bleachers into ADA Department of Housing and Urban compliance. The new bleachers replaced Development (HUD). The funds are designated for projects, programs and estimated impact on thousands of nearby services benefitting low- and moderate-residents and park users. Butterworth income persons earning 80% or less of area median income. The funds help the deteriorated and was a source of Planning and Economic Development195 Town of Framingham2016 Annual Town Report vandalism. With CDBG funds, the Parks non-native English speakers; Framingham and Recreation Division removed the Adult ESL Plus, an English-as-a-Second non-compliant grandstand and replaced it Language program; and Hoops and with a concrete pad to support an Homework, an after school program. appropriately sized, aluminum Subsidized Housing Support handicapped bleacher. The project also Approximately $179,000 in HOME funds included the installation of an ADA was leveraged against $16 million in total compliant walkway, restoration of the investments to pay for extensive repairs to remaining area to green space, and other the Tribune Apartments on Irving Street. aesthetic improvements. The project used a variety of sources provided by the Massachusetts Economic Development & Façade/ Department of Housing and Community Sign Improvement Program Development, MassHousing, the CD, in partnership with FDR, continues Massachusetts Housing Investment to recruit downtown businesses to Corporation (MHIC), the Community participate in the sign and façade program. Economic Development Assistance Program funds help merchants develop Corporation (CEDAC), TD Bank and the signs that maximize business identification Federal Home Loan Bank of and branding while improving the Boston. MHIC and CEDAC provided appearance of the downtown commercial acquisition financing that originated the district. project over three-years ago. Once completed, the project allows the Supporting Community Non-Profits community to retain a 100% Section 8, Six public services activities serving 530- 53-unit, affordable rental housing for low and moderate-income residents elderly and disabled residents with long- received CDBG funds in the past year. term affordability restrictions. They included Community Connections Summer Work Program, a summer employment and counseling program for Respectfully Submitted, teens; Resiliency for Life, an enrichment Arthur P. Robert, Director program for at-risk high school students; Community & Economic Development H.O.P.E., an academic and job search Division assistance program for 14-21 year-old residents of the Pelham II Apartments; Literacy Unlimited, a training program for MWRTA(MWRTA) ETROEST EGIONAL RANSIT UTHORITY 15 Blandin Avenue, Framingham, MA 01702| 508-935-2222 |ed@mwrta.com Administrator was hired to oversee the The MetroWest RTA was created by a daily operation of the LIFT which had vote of the Framingham and the Ashland been under the Framingham Planning Boards of Selectman in December of 2006. By the summer of 2007, seven service was then initiated on December additional communities had joined, a st 1, 2007 with a new contracted provider budget and fares were put in place, and an and 10 new buses obtained from Federal Planning and Economic Development196 Town of Framingham2016 Annual Town Report and State grants. At the same time, the and Milford joined, bringing the total MWRTA was paying the MBTA to member of communities up to 15. continue its RIDE service in the In 2016 the Authority entered into an Framingham and Natick area. agreement with the MBTA to manage In 2009, the Authority, through a Federal grant, expanded again to create a link to oversee the maintenance of the station by the Woodland MBTA Station in Newton its contractor Keolis. Additionally, the (Route #1) setting the stage for using the Authority will begin building an additional Charlie Card system wide. Additionally, 200+ parking spaces which will be between the station and the current RIDE provision in Framingham and Natick expanding again the demand the Spring of 2017. The goal of the response provision by another 5,000 rides MWRTA is to enhance the customer a month. experience by making the station In 2010, the Authority, using state and federal funds, purchased and rehabilitated The MWRTA will continue to build upon a facility at 37 Waverly St. which had the over 750,000 rides provided in FY16 by using technology, an emphasis on depot for the system. In 2011, Wellesley customer service and the more effective th joined the Authority as its 12 member. and efficient delivery of transportation Additionally the MWRTA began service. For further details and for real collaboration with Framingham State time transit options and customer service, University, supporting a student operated please visit our website: www.mwrta.com. system with capital and training that is Respectfully Submitted, fully funded by the University. Ed Carr, In July 2015 the Authority moved into the MWRTA Administrator 15 Blandin Ave facility. Towns of Hudson FHA RAMINGHAM OUSING UTHORITY One John J. Brady Drive, Framingham, MA 01702| 508-879-7562 |jbibo@framha.org Formed in 1946, the Framingham rental assistance units in the private Housing Authority is led by a dedicated market in cooperation with federal, state five-member Board of Commissioners: and local authorities. Stephen P. Starr, Chairman, Janice Rogers, Modernization/Preventative Vice Chairman, Janet Leombruno, Vice Maintenance Treasurer Phyllis A. May, Treasurer, and As one of the largest property owners Robert Merusi. within the Town of Framingham, the Authority takes pride in maintaining safe, In September of 2015 Stephen Keane was sanitary and affordable Housing within appointed Executive Director of the the Community. The Authority has always FHA. The FHA maintains over 1000 units placed great importance on the need for of Public Housing and over 900 units of Planning and Economic Development197 Town of Framingham2016 Annual Town Report preventive maintenance, as well as housed. The FHA has 536 one bedroom securing funds for many modernization units for elderly/disabled Housing while projects as follows. Through grant owning twenty-four (24) units of state funding in 2016 the Memorial House and subsidized handicap housing and Hastings House original boilers were administers Rental Assistance through the replaced with energy efficient gas boilers Mass. Rental Voucher Program which and we hope to complete our insulation includes 62 units of single room and elevator upgrades at these sites in occupancy. 2017. We have completed our window Federally Funded Housing replacement project and look forward to The Authority administers 125 units of starting our stucco project at Hastings House this spring. Our 58 units of state Family Federal Housing and 110 705 family program (Pelham) will elderly/disabled units on John J. Brady Drive. The Authority also administers 983 continue to undergo total renovations Federal Section 8 Rental Assistance over the next (3) years funded by the Department of Housing &Community Vouchers for privately owned properties. Development. We are currently underway Resident Activities with our siding and window replacement The Activity Center at the Musterfield family housing Saint Lo Development. Place and the Hoops and homework We have completed drainage and stucco programs are both thriving as we attempt to enhance literacy in our developments. projects in our Federal family developments. The Federal elderly development heating system replacement Respectfully Submitted, project was completed this year at JJ Paul O. Landers, InterimExecutive Director Brady Drive as well as two more roof replacements as we continue with our preventive maintenance and sustainability program. Security cameras at our JJ Brady, Musterfield and Federal Family sites have been installed to enhance security for our residents. One half of the windows at our State Rose Kennedy Drive development have also been replaced through grant funding this year and we have applied for funding to attempt to finish the other half. Energy efficient LED Lighting was also installed or replaced at various locations. State Funded Housing The Framingham Housing Authority administers 249 units of two and three- bedroom state-aided family public Housing. The 110 units at the Musterfield Development is a tax Credit property. Oran Rd is a development of twelve (12) one bedroom units designed to house Planning and Economic Development198 Town of Framingham2016 Annual Town Report RECREATION AND CULTURAL AFFAIRS P&RC|P&RD ARKS ECREATION OMMISSION ARKS ECREATION EPARTMENT CC|CA EMETERY OMMISSION OUNCIL ON GING P,&C ARKS RECREATION ULTURAL AFFAIRS 475 Union Avenue | 508-532-5960 | parks.recreation@framinghamma.gov Joan Rastani served as Chairwoman with the contamination at Mary Dennison other members Dave Gudejko, Kathy Park. A Participation Agreement was Hauck, Joe Kaufman, and Phil Reitz. reached between the parties to equally fund the Phase II assessment of the After serving as Interim Director for 6 soil. A Risk Assessment will be months James Snyder was appointed to performed which will incorporate park Director of Parks, Recreation and Cultural design with the MA DEP suggestions for Affairs. the proper remediation of the property. Future plans include refining The Annual Town Meeting voted an the final design and presenting a master FY16 operating budget of$2,799,293for plan to construct a redesigned Parks Administration, Maintenance and neighborhood park. Recreation. The Skatepark Advisory Committee With support from the Capital Budget (SAC) continued their efforts in bringing Committee and Town Meeting Members, the first skate park to Framingham. the following items were approved: During 2016, SAC, working with the F550 Trash Compactor Parks Department and members of the F550 4x4 Crew Cab Truckcommunity, completed design development. When the final design and Skatepark Construction construction was presented, Town Bowditch Track Refurbishing Meeting approved full funding, and nd 2 Phase of Old South Burial Tombs increased the amount to $500,000. Park Improvements The final design and size of the park is The Division was successful in securing a roughly 10,000 square feet. This will Community Development Block Grant to provide all users with a unique experience assist in the design and construction of along with many skate amenities aimed at the Skateboard Park which will be located providing a positive experience for all at Farm Pond Park on Dudley Road as levels of users. Project bidding is well as improve the front entrance on the expected to take place during spring of Grant Street side of Butterworth Park. 2017, with construction scheduled to Both projects are expected to be begin in summer of 2017. Completion of completed in 2017. construction and a grand opening is anticipated to occur in fall 2017. The Town of Framingham has been working in cooperation with the MA DEP Due to the success of the opening of the and former property owner, Avery Weston Aqueduct Trail (Elm Street to Dennison Manufacturing Company, to Potter) and the Sudbury Aqueduct trail create an appropriate remediation plan for Recreation and Cultural Affairs199 Town of Framingham2016 Annual Town Report (Winter St. to Dudley Rd.), and after departments and volunteers for holding discussions with community supporting our services. We would also members and concerned neighbors, a new like to thank the hundreds of user section of the Weston Aqueduct was organizations and volunteers for their opened up between Edgell Road west past continued support. Lyman Road. This section is just over 0.7 miles long and ends abruptly where the Joan Rastani, Chair aqueduct heads underground into a Park and Recreation Commission tunnel. Signs were erected and the passive James Snyder, Director use trail was officially opened in late fall. Parks, Recreation, and Cultural Affairs A Feasibility Study of Millwood Golf Recreation Course was undertaken to assist in the decision as to whether the Town should The Recreation Department provides purchase the property for recreational use. programs geared toward a varied After a lengthy discussion at Town population including adults, youth, Meeting, the proposal was rejected. seniors, preschool and those with special needs. Services are provided through a The Commission approved a proposed combination of user fees and public tax Dudley Road Multi-Use Recreation Path dollars. During the past year, we offered (Bicycle & Pedestrian) at Farm Pond. The 333 various sessions in over 163 different ten foot wide asphalt paved pathway will program categories. consist of two phases. Phase I extends along the eastern edge of Dudley Road on The 2016 Rec Centers were located at the Farm Pond parcel from Fountain Potter Road School and, for the first time, Street, north to Dr. Harvey Cushing Way. at The Academy Building located in Phase 2 will extend north from Dr. Cushing Park. Our numbers increased Harvey Cushing Way to the boundary of significantly over recent summers. This Dudley Road and continue along Mt. program along with the swim team Wayte Avenue , it will provide safe access remains to be our most popular, servicing to key amenities including Farm Pond over 1,000 participants per year. Park, Cushing Park, Barbieri School, the new Skatepark and the assisted living The closing of the Danforth building complex. Phase I is expected to be displaced many popular programs; complete in 2017. including our traditional Pal Basketball program. Luckily, the School Department For the third year, the department has was able to accommodate the majority of hosted the MetroWest Festival. A very the programs at the Fuller Middle School. successful event sponsored by the MetroWest Visitors Bureau took place at Grants that enhanced our 2016 programs Bowditch Field. The date was moved included the Department of Conservation from September to June this year. With and Recreation for the Massachusetts Park expanded programming and on-line Pass; and the United States Department ticketing, more than 8,000 visitors of Agriculture Food and Nutrition Service attended the event. provided free breakfast and lunch for the Recreation Special Needs Program. We would like to thank Town Meeting, Funding was also received for the Concert the many Town boards, committees, series through the Cultural Counsel and Recreation and Cultural Affairs200 Town of Framingham2016 Annual Town Report Impact Grant Foundation. Additionally, We welcome input from town residents Friends of Framingham Recreation was and we value both your feedback and able to grant numerous scholarships for involvement in our programs. Recreation Programs to families in need. Respectfully Submitted, For the seventh year, we managed the Trisha Powell Superintendent of Recreation James Snyder local talent included the sounds of The Director, Parks & Recreation Lights out Blues Band, Studio Two, XRB, Amy Gallatin & Stillwaters, the RPS Band, Parks Maintenance the Undercovers, and Unfinished Business. The weather prevented the The Parks Maintenance Department Tom Nutile Big Band form performing on maintains safe, quality facilities for over both their scheduled date and the rain 15,000 scheduled events each year. Our date. We are grateful to the many user groups vary from different age sponsors who made this event possible, groups, levels of competition and various especially the Auxiliary Police for being sport types. there every week. In addition to the many programs the The department sponsored many special Recreation Department offers, a large events this year with assistance of Friends portion of the usage comes from the of Framingham Recreation. The highlights competitive athletic programs of our three included, the Egg-citing Egg Hunt, local high schools and two college Pumpkins in the Park, the 911 programs. There are also numerous seasonal youth sports programs, as well as Sports, Family Fun and Movie Night corporate leagues and miscellaneous groups. traditional Thanksgiving Eve Bonfire featuring former Director Robert Merusi All park playgrounds and open space and Former Park Commissioner Kevin passive recreational areas are maintained Salvi as the fire starters was a great way to under this program, including many Town support the Flyers Football team take on owned properties that fall under different their Natick rivals. We are thankful to divisions within the Town and School the Police and Fire Departments for their Department. dedicated involvement in making these events a success. Our commitment to provide quality facilities follows a well planned We would like to thank the Town maintenance program and is supported by Manager, Board of Selectmen, Town a field scheduling program to prevent Meeting Members, Town Staff and overuse. We still offer greater public numerous community volunteers for their access to all our facilities and continue to support and dedication. Without their use some of the best industry standards in continued support, we would not be the pursuit of maintaining a very high successful in offering quality programs to level of quality for all our areas. the residents of Framingham. Recreation and Cultural Affairs201 Town of Framingham2016 Annual Town Report The continued requests to provide Cemetery. We also anticipate replacing the additional practice and game field facilities deteriorating surface of the Bowditch are constant. We have looked at ways to track in June 2017. address this but have been left with few alternatives. The Tree Maintenance Program continues being limited we are still searching to find to be an important focus for our ways to make alternative sites available. department. We are currently following a Unfortunately, this causes overuse of report from our Contracted Forester to facilities and the decline in turf quality in inventory and evaluate the health and some cases. This is a major concern. quality of the trees in some of our properties. This report is designed to We are exploring the idea of performing a focus on properties that abut private field study which could provide residences. The report will help us focus alternatives for use and provide a plan to and concentrate our efforts in managing possibly add synthetic fields to an area of our properties when it comes to tree our inventory. This is only an option and health and safety. As stated previously, will not provide more areas but an area we have many properties bordering on that could be used more. With this will neighborhoods where large trees are come other maintenance schedules, needs impacting our property lines and creating and management challenges. possible hazards to these houses. We are requesting increased funding in FY18 to Our collaboration with Keefe Regional continue making progress on work Technical School is thriving. We have required in this area. been able to continue a program that mutually benefits our department and the Our town-wide beautification program different school labs. This relationship continues to be a successful collaboration provides us cost effective, professionally with our department and outside groups. supervised electrical, carpentry, plumbing I would like to thank all our volunteers and metal fabrication, while giving and volunteer groups that supplied time and materials on projects this past year. Their support was invaluable. commercial setting. We are now in the fifth year of offering Keefe Tech students We continue to work cooperatively with co-op positions in landscaping with sports other Town departments and would like turf maintenance. This has been a very to thank them for their continued beneficial program for both entities. support. It would be very difficult for us to achieve the success we have without Through CDBG funding we were able to their help. continue work at Butterworth Park with a new handicap pathway. We anticipate Chris McGinty continuing the project with street and Superintendent, Parks Maintenance sidewalk access and a donated Gazebo in James Snyder the playground area in FY17. Director, Parks & Recreation Through our Capital Budget program, we Cemeteries were able to purchase 2 new vehicles this The Cemetery Commission consists of a year, along with making necessary repairs three-member board appointed by the to the Mound Tombs at the Old South Recreation and Cultural Affairs202 Town of Framingham2016 Annual Town Report Board of Selectmen. The three cemeteries Loring Arena under their jurisdiction are the Edwards Cemetery, Main St. Cemetery, and Old 11, 2016; Loring Arena is now in its 53rd South Burial Grounds. year of operation. In addition to the normal services, we are continuing to create a user friendly atmosphere by of the grounds maintenance contract. We working with user groups and offering are happy with the service they have been additional Friday night open skates. providing. There will be a new bid going out spring 2017. The original bid for the Arena renovation project exceeded the appropriation and Due to the limited supply of sites, the required Town professionals to value moratorium on the general sale of new engineer and re-bid the project. lots is still in effect. The fee schedule for Supplemental funding was requested at cemetery associated activities remained the October 2016 Special Town Meeting the same in FY16. The Parks in the amount of $388,000 for Maintenance staff continues to perform contingency on the project and a clerk of grave openings and internment of the works. The Loring Arena renovation cremations, at the cemeteries. We is scheduled to begin in April 2017. When continue to receive requests for historical completed, the project will include records associated with the cemeteries and bringing the 53-year-old facility into are able to use an electronic database to compliance with current building and promptly respond to the majority of most accessibility codes; locker rooms that inquiries. accomplish age and gender separation for users; appropriately sized and configured With capital improvement monies public use spaces, and energy efficiency restoration was completed to the upgrades to the building envelope and foundation and walls of the Old South select mechanical equipment. Cemetery mound tombs. The tombs were successfully restored to their original The arena will continue operations during historic look. We have identified the need the project, with the construction ongoing to continue tree pruning and removals at throughout the 2017/2018 skating season. the cemeteries and are requesting these We anticipate a rededication of the fully funds in our FY18 budget. renovated facility in September of 2018. This report submitted on behalf of the Improvements this year included service Cemetery Commission by: and cleaning to the infrared heating system on the home side, new Zamboni Christopher A. McGinty batteries and brushes, and locker room Superintendent, Parks & Recreation door replacement. James Snyder The Arena compressors were re-built by Director, Parks, Recreation, and Cultural the Arena Director. During the summer Affairs maintenance it was noticed that an Cemetery Commission ammonia valve that was 53 years old had Kathy Hauck Chairman broken. The valve was replaced before the Dave Gudejko start of the season, in August, by Joe Kaufman Recreation and Cultural Affairs203 Town of Framingham2016 Annual Town Report Northeast Distributors. The old ammonia Council on Aging - Callahan piping to the unused cooling tower was Center also capped off, the process used will The Raymond J. Callahan Center is a make it possible to reuse and reconnect multi-purpose center offering programs, this tower to another in the future. All activities and services to promote healthy, new pressure relief ammonia valves were successful aging for people 55 and older replaced by code which is required every 5 and the people who care for them. The years. Council on Aging assesses the needs of older adults in the community and advises Arena Supervisor, Robert Drake, retired on programs and services to meet those after 32 years of service to the Town and needs.  was replaced by Beau Hinton from the Parks and Recreation Department. Beau More than 2,000 individuals had more has been utilized by the Arena in previous than 42,000 attendances in activities and years for coverage and has a vast programs at the Callahan Center in 2016, knowledge of the daily routines at Loring. with nearly 15,000 of those involved in In September, the snack bar was managed exercise sessions. There were 1,900 by a new owner, Dennis Provencal, owner attendances at a variety of health of Boston Nut Roasters. Dennis has been education sessions, health screenings and open for every event at Loring and alternative therapies. provides all of the concession needs of our customers. The Social Services staff had more than The cost of ice rental was increased on 4,857 contacts with more than 1,220 July 1, 2016 from $270 for a 60 minute seniors ranging from referrals for housing hour to $285. and transportation, to securing various benefit programs, along with supportive A 50-minute hour increased from $225 to counseling. In addition, they connect with $235. many nonseniors to provide guidance related to their loved ones who are As of June 30, 2016: seniors. 500 pieces of durable medical Total gross revenue equipment were loaned out free of charge. $528,657.75 There were 1,100 attendances at 18 Total Operational expenditures cultural programs funded by the $474,910.71 Framingham Cultural Council and the *Does not include health insurance and Friends of Callahan. There were also debt service 1,500 attendances at other cultural programs, thanks to generous funding by *Revenue is after a loss of $4225 in Public Friends of Callahan and other donors. Skating revenue due to an unseasonably warm winter Volunteerism: More than 1,500 volunteers donated more than 14,000 Richard Weston hours to the Center in a variety of ways: Loring Arena Director serving on the COA Board, driving seniors to appointments, answering James Snyder phones, working in the Heritage Gallery Director, Parks & Recreation Recreation and Cultural Affairs204 Town of Framingham2016 Annual Town Report shop and helping with numerous activities Funds from MetroWest Health at the center. More than 165 of these Foundation made it possible for the volunteers came from the following Connections at Callahan program to partners in the community: Boy Scout match 10 partner volunteers with seniors Troop 12, Framingham Knox trail with memory challenges so they could Council, Framingham High School, participate in programs at the Center. Marian High School, Wayland High School, John Andrew Mazie Foundation Two Boston Marathon runners raised Student Mentoring Program, Framingham more than $10,000 for the Continuing State University, Framingham Rotary Connections program. Club, Bose Corp, TJX Corp, Metrowest Housing for All, Plymouth Church, First The Heritage Gallery gift shop was Parish Unitarian Universalist, Jesus Christ transformed from selling second hand of Latter Day Saints Church, Crossroads Community Church and the community and crafts from local artisans. It is now at large to provide more than 1,042 hours open 5 days a week from 10 to 2:15 pm. specifically to seniors in the community. Clyde Dottin, Chairperson The SHINE program volunteered more Council on Aging than 709 hours to provide more than 757 seniors with information regarding health insurance. Director of Elder Services New events and happenings in 2016! James Snyder Director, Parks & Recreation with National Councils on Aging/ National Institute of Senior Centers was renewed. This achievement identifies the Callahan Center as one of only 8 senior centers in Massachusetts that is meeting nine standards of excellence. From April through October the Center was open to the public on Tuesday evenings, making it available to younger seniors who work during the day. There were nearly 2,000 attendances at 103 evening sessions. Lisa Ushkurnis, Social Services Supervisor was awarded the MCOA Innovator of the Year for the innovative programs she and her staff have developed to assist people with memory challenges and their caregivers. Recreation and Cultural Affairs205 Town of Framingham2016 Annual Town Report EDUCATION & LIBRARIES FPS|JP.KRTVS RAMINGHAM UBLIC CHOOLS OSEPH EEFE EGIONAL ECHNICAL OCATIONAL CHOOL FPL RAMINGHAM UBLIC IBRARY FPS RAMINGHAM UBLIC CHOOLS Fuller Middle School, 31 Flagg Drive | 508-626-9117 | School committees (MASC) to discuss the process for a superintendent search including questions members needed to ask, as well as, factors the committee needed to take into consideration during the process. Policy and budget are the other functions of the School Committee. The committee reviews, revises or creates policies that support all stakeholders of Framingham Public Schools by engaging key members SCHOOL COMMITTEE of the school community. As a The School Committee goals for this past committee, it needs to be aware of year were focused on governance, policy, statutory changes, local, state and federal communication and budget. mandates and changes, to ensure its policies are up-to-date. Framingham was In 2016, the School Committee began the the first school committee in the search for the next Superintendent of Commonwealth to approve Policy JBD: Schools. This process began with focus Gender Identity Support in February groups conducted by Dr. Edward 2016. This policy addresses the specific Gotgart, Interim Superintendent of needs of transgender students. Schools, Ms. Nancy Piasecki, Executive Director of the Office of the Another major policy change was the Superintendent, Mr. Joseph Corazzini, revision to JH-R Attendance Policy. The Director of Community Resource School Committee was presented with Development and Ms. Inna Kantor compelling evidence to support the London, Director of Human Resources. change. The school committee also The focus groups determined the key approved Policy NEPN: Political characteristics for the next Superintendent Solicitations in Schools and Policy KHB: to be 1) strong communicator; 2) past Advertising on School Property and experience in a complex and diverse Sponsorship Arrangements. We would district; 3) collaborative and visible; 4) like to thank Ms. Michelle Brosnahan, strong negotiator/advocate for the Policy Subcommittee Convener, as well as schools; and 5) background as a leader Framingham Public Schools staff, for and/or teacher educator. During the their hard work on these and other process, the committee held a workshop policies. with the Massachusetts Association of Recreation and Cultural Affairs206 Town of Framingham2016 Annual Town Report As part of its ongoing commitment to In keeping with the overarching theme of communications, the School Committee social and emotional wellness, the School created its own Facebook page and Committee began preparations in the fall, encouraged district administrators to working with the Department of Justice engage in other forms of social media and the U.S. Attorney, to bring the such as Twitter to publicize activities and events that were happening within the all middle school district. The Framingham School District students. Topics included social media, unveiled its new website in June 2016. digital footprint, gaming, cyberbullying, The site offers the community and staff a sexting sextortion, internet predators and central location to learn all about safe and secure online awareness. The Framingham Schools. The website also program was scheduled for all 3 middle offers the user many different languages. schools in January 2017. A major area of focus this past year has The committee is most proud of the goal been on the social and emotional learning it set to work collaboratively with the (SEL) of students. Studies show that students learn best when they are in a that meets the needs of the students and is supportive and caring environment. In mutually agreeable. Specially, 1) meet order to determine strengths and with Town leaders; 2) develop a weaknesses, the committee approved the manageable budget timeline; and 3) funding of an audit conducted by The advocate for district needs. The Collaborative for Academic, Social, and committee held several meetings with the Emotional Learning (CASEL) who spent Board of Selectmen and Town Manager in several days in the district observing working on the FY17 budget and further, classrooms and conducting a needs engaged the support of elected officials assessment to support the implementation such as Senator Karen Spilka and of a district-wide social emotional learning Representatives Christopher Walsh and program. The School Committee Tom Sannicandro who were extremely enthusiastically supported this initiative as instrumental in obtaining additional funds evidenced by two questions which were for the Resiliency for Life Program at repeatedly asked of school principals Framingham High School. The committee when they presented their School is proud of this collaboration and aims to Improvement Plans in the fall. The continue this practice moving forward. coFurther, in an effort to provide greater transparency, the district followed the lead were doing to incorporate social and of the town and partnered with ClearGov to provide a single location for pertinent The social and emotional learning goal district data. The site provides an worked hand-in-hand with the Behavior overview of staffing, finances, and student Interventions and Support (PBIS) performance since 2008 with the program that the district began in the opportunity to dive further into detail 2015-2016 school year. To further about each area. Having accurate support this initiative, the school information, presented in a consistent committee inserted language into Policy manner with other municipalities and EEA: Student Transportation Services to school districts, allows us to have more ensure that school bus drivers are trained focused discussions about the schools. annually in PBIS. Recreation and Cultural Affairs207 Town of Framingham2016 Annual Town Report The Interest Based Bargaining (IBB) Respectfully submitted, approach was used by several of the Heather Connolly, Chair unions and the School Committee during Donald C. Taggart III, Vice Chair the past contract settlement. This past Jim Stockless, Clerk year, a representative group of the FTA, Michelle Brosnahan the School Committee and the central Richard A. Finlay administration has continued to meet and Beverly Hugo discuss areas where the contract may need Jim Kelly a closer look and possible changes. This has helped the district keep on top of SUPERINTENDENT OF issues as they arise. The hope is that, by SCHOOLS continuing to meet in collaborative Framingham continues to welcome new discussions, contract discussions will be families and the School Department smoother as it becomes time for a new welcomes them with open arms. When contract in 2018. looking for a new home, families will The Commonwealth of Massachusetts system and we believe that is a testament invited Framingham Public Schools into as to why so many are choosing to live in the process to fund the construction of a Framingham. As a district, Framingham new school building in Framingham to is attractive because of the stand-alone replace Fuller Middle School which has BLOCKS pre-school program, the two- reached the end of its useful life. The way program at Barbieri Elementary and School Building Committee was formed Walsh Middle Schools, the International by the Chair of the Board of Selectmen, Baccalaureate program at Woodrow Cheryl Tully Stoll, and the School Wilson, the STEAM program at King Committee Chair, Heather Connolly, to Elementary and Fuller Middle School, the begin the formal process of planning and summit program at Walsh Middle School, designing the new school with and the myriad of course offerings and representatives from the school AP course at Framingham High School. community and the town. The Town has Each school is unique in its focus, but all appropriated $1,000,000 to conduct a full are uniquely the same in terms of Feasibility Study that will determine the curriculum and instruction. Over the last precise design of the new building that we several years, Framingham has seen many hope and expect to be ready for families arrive whose first language is not occupancy in the school year 2019-2020. English and placing students in the appropriate school with the appropriate In November 2015, our administrative supports can be challenging. At the same assistant position became vacant. We time, as a district, we have purposefully have tried to fill the position numerous and thoughtfully restructured programs times but were unsuccessful. Ms. Amy and supports to allow for more choices Kane and Ms. Nancy Piaseski have for these families. Through grant funding, assumed the duties of this position. It is we are able to provide summer school for the hope of the School committee to find English language learners at no charge to an administrative assistant in 2017 so that the families. Ms. Kane and Ms. Piasecki can fully support the new Superintendent. This One of the focuses over the last few years would allow the School Committee to has been working with Positive Behavioral resume business as usual. Recreation and Cultural Affairs208 Town of Framingham2016 Annual Town Report Interventions and Supports (PBIS) and on their future plans by engaging most of our schools are into Tier 2 of that in tasks related to both short and support system. The interventions are a long term vision. Freshmen model for decreasing office referrals and participate in a series of future for offering students more targeted social, oriented tasks and one task will be emotional, and behavioral supports using registering for a Naviance account. real-time data which is having a positive Naviance, the college and career impact on outcomes. The district also planning software, provides engaged the Collaborative for Academic, students with tools to engage in Social and Emotional Learning (CASEL). personality, college, and career We are working hard to improve and reflection and exploration. enhance our curriculum as we set higher Framingham Adult ESL Plus is in academic standards for our schools and rd its 33 year with a constant expectations for our students. waiting list of 1,000 The Parent Information Center A major decision this past year was to averages 15 new enrollments every appoint Ms. Inna Kantor London as the week Director of Human Resources. Ms. London immediately took on the We invite you to attend School responsibility of reorganizing the Human Committee meetings and visit any our Resources Department to make it more buildings and see first-hand, the education responsive and effective. Many of her that your tax dollars are providing decisions were informed by the audit of students. Get to know who our students the department conducted by the New are, who our teachers are, what drives England School Development Council their teaching, what are their stories, (NESDEC). We are very pleased that because if you do, your perspective will many of the recommendations from that deepen for the gift of education. We report have now been implemented and thank you for your support and look the department is well on its way to forward to welcoming you into our establishing itself as a genuine resource buildings. for all employees of the district. ASSISTANT NESDEC has also been assisting Ms. SUPERINTENDENT Torbert, Principal of Framingham High Administrative restructuring this year School, in her efforts to develop an consolidated the supervision and administrative structure that better meets evaluation of all fourteen principals the needs of the students and staff at the (including the Blocks Director) under the high school. Once again, the NESDEC Office of the Assistant Superintendent. information has provided vital In conjunction with the Doctoral Resident information and recommendations to Ms. from Harvard University, a revised system Torbert as she takes on this task of of supervision and evaluation is being restructuring the administration of FHS. developed for principals that is focused more on collective and individual Additional Facts/Figures about FPS: feedback and support rather than compliance. Principals are working collaboratively in this process. opportunity for students to focus Recreation and Cultural Affairs209 Town of Framingham2016 Annual Town Report After the classroom teacher, research office is to provide accounting and defines the building principal as the next oversight of the Town appropriated most impactful factor in raising student School Department Operating Budget, as achievement. Like the teachers in their well as Revolving and Special Funds. For buildings, our principals come to us with a the fiscal year 2015-16, the Operating variety of experiences, skills, and Budget approved by Town Meeting was challenges that they face in their schools $115,731,953. The Business Office also every day. Like most school districts in manages one hundred (100) Revolving the Commonwealth, more emphasis has and Special Funds of the School been placed on teacher professional Department that total $10,500,000, development, feedback, supervision, and ensuring that the collection, accounting evaluation than on principals and other and distribution of these funds conform administrators. This year we are to Town guidelines as well as sound extending our good work with our business practices. instructional staff to include our principals. The Business Office is also responsible for completing and submitting the annual The role of the building principal is quite End of Year Report to DESE which is complex, continuously evolving, and requires a myriad of diverse skills. As the Chapter 70 Aid to Education that totaled instructional leader, the principal is also in $37,729,858 for FY16. charge of student safety, building and grounds, hiring and supervising EDUCATION OPERATIONS professional and support staff, and caring Major accomplishments for this for students and families. In a large urban department include continuous coaching of principals and school leadership teams complicated further by the diverse needs around the development of School of those students and the accompanying Improvement Plans (SIP). The Ed Ops school and community departments and Department also organizes and manages a resources that support them. Therefore, strong professional development program in addition to the compulsory aspects of that promotes continuous learning for all evaluation, specific energies are being staff and builds capacity through a robust agenda for the Aspiring Leaders Academy. growth efforts that will impact student learning. Ideally, a culture of personal and The Office of Curriculum and Instruction collective professional reflection for is charged with the cyclical renewal of continuous improvement will be curriculum, promotion of high quality developed and successful strategies will be instructional practices, and overseeing identified and available to administrators state and local assessment systems for the beyond the principal ranks. district. These functions align with the Excellence for all students. BUSINESS ADMINISTRATION Alignment to the Massachusetts State The School Business Office provides Frameworks is critical to the success of financial and administrative support to the our students. The primary purpose of the overall educational program of the School revised Massachusetts Curriculum Department. The primary function of the Frameworks in English Language Arts, Recreation and Cultural Affairs210 Town of Framingham2016 Annual Town Report Mathematics, and Science is for all The following programs and services are students in the Commonwealth to be offered by the Framingham Public college or career ready upon high school Schools from Pre-School to High School: graduation. An expectation in all content Resource Rooms/In-Class Support, Occupational Therapy, Speech and to think and reason in order to synthesize Language Therapy, Physical Therapy, complex information/texts from multiple Teacher of the Visually Impaired, sources, back up claims with evidence, Orientation and Mobility, Adaptive demonstrate reasoning, analyze and Physical Education, Audiology interpret data, and engage in the standards Consultation, Board Certified Behavior of mathematical, science and engineering Analysts and Applied Behavior Analysts. practices. These practices foster the development of 21st century skills of There are forty-one substantially separate communication and collaboration, raise classrooms in grades K-12. These expectations for all students, and are students require comprehensive consistent with sheltering instruction programming which is provided outside (SEI) for English learners. A Multi-Tiered of the general education classroom for System of Support allows students to more than 60% of the school day. These receive the necessary interventions to classrooms are located at six of our enable all students to be college and career Elementary Schools, all three Middle ready. Schools along with the High School. This number also includes the New England The Framingham English Language Arts Center for Children (NECC) Partnership curriculum is fully aligned with the 2011 classroom which provides programming MA Framework. Reading and writing are for Framingham students who would taught using balanced literacy practices in otherwise by in an out of district grades K-8, and through a sequence of placement. At the BLOCKS Pre-School, four required high school courses. there are eight substantially separate Literacy practices are also defined for the classroom sessions. These students are content areas of social studies and science. also included in general education classes Social studies curriculum is currently and ancillary activities at each building. being revised and rolled-out in grades K- 8. Inclusion programs have been established SPECIAL EDUCATION at all levels using a variety of approaches The Department of Special Education throughout the District, including a grade provides a broad array of services for students identified with disabilities from level inclusion model. The grade level the ages of three through twenty-inclusion model maximizes the amount of two. The referral, evaluation and supports that are provided in the placement procedures are governed by classroom setting and enhances learning state and federal special education laws for all students in the classroom and regulations, namely, The Individuals setting. The new model creates an with Disabilities Education Act environment where non special education (IDEA). Framingham Public Schools is students can benefit from the strategies committed to the goal of providing an and supports that a special education appropriate education for students with teacher provides. Our overall referrals to special needs in the least restrictive special education have decreased with the setting. grade level inclusion practices. In Recreation and Cultural Affairs211 Town of Framingham2016 Annual Town Report addition, some teachers who are dually English language development to enable licensed in Special Education and ELs to access the curriculum and achieve Elementary Education have full time in an English dominant environment. responsibility for Inclusion classes at the elementary level. Bilingual education is an umbrella term which encompasses a variety of different Framingham is a model for Pre-School types of program models. In programs for both children with special Framingham, models range from needs and typical children ages three to Sheltered English Immersion (SEI) to five. The placement of children with Two-Way Bilingual Education (TW), to special needs in the Pre-School programs Transitional Bilingual Education (TBE), emphasizes language, communication and and include variations on each of these social skills development along with programs. ESL services must be provided integration with non-special education to all ELs in the district. All schools in peers. the district offer ESL instruction to identified ELs, regardless of the program Framingham continues to see an increase they participate in. Additionally, we in the number of children with Autism monitor the progress of students who exit and Multiple Disabilities at the Pre-School our programs for up to four years as per level. There is a significant increase in the federal law. number of students identified with emotional disabilities at all levels. The In 2017, severity of these disabilities presents is actively monitored or receives direct challenges to the school district to services in ESL from the Bilingual develop new and innovative programs in Education Department. This is an order to support these students in the increase of 3% in student EL population public schools. from the previous year. 42% of the total student population comes from a home In conclusion, Framingham has continued where a language other than English is to implement and provide a spoken, an increase of 3% from the 2016 comprehensive continuum of programs, data. services, and placement options for students with disabilities. Framingham is FPS continues to be recognized as an fortunate to have an active Special educational leader in bilingual education. Education Parent Advisory Council Our staff, from faculty to administration, whose role is to engage parents of is solicited for input across the state and children with disabilities and to advise the plays an active role in Department of Special Education Department. Elementary and Secondary Education sponsored initiatives for ELs. We have BILINGUAL EDUCATION participated in various workshops and focus groups to lend a voice to policy The Department of Bilingual Education provides support and services to students Network and have had staff both present in grades K-12 whose primary language is and attend conferences at the national not English. This student group is often conferences on World-Class Instructional referred to as English Learners (EL). The Design and Assessment (WIDA), primary goal of all bilingual programming Massachusetts Association of Teachers of is to provide specialized instruction in Speakers of Other Languages (MATSOL), Recreation and Cultural Affairs212 Town of Framingham2016 Annual Town Report Massachusetts Association of Bilingual this year. Ms. Jennifer LaBollita, Assistant Educators (MABE) and various other Director, is leading the initiative in the organizations. Framingham is also the district. host district for the DESE SEI Education is truly a team effort and it is EL coaches and director have provided with great admiration and appreciation for training to over 395 teachers and the efforts of everyone involved, including administrators since 2013. The Bilingual teachers, paraprofessionals, tutors, Department also continues to lend its parents, students, and administration, that particular expertise to several committees I respectfully submit this brief snapshot in the district reviewing curriculum, on behalf of the Bilingual Education assessment, intervention, literacy, and data Department. relating to the education of all students in Framingham. OFFICE OF TECHNOLOGY Outreach to parents of ELs is a major The Office of Technology (OT) is goal of our department. Framingham responsible for providing a technical Public Schools is committed to supporting foundation and vision to support the parents of English Learners in matters advanced learning environment of the 21st century student and educator. The and in providing access to school-related intent is to lead and collaborate across the events and activities. The Bilingual PAC spectrum of students, staff and district Advisory Council (B-PAC) supports and administration to meet both instructional carries out the work of the B- PAC, and administrative goals of teaching and Bilingual Education Department and learning district-wide. school outreach to parents of ELLs. During the 2016-2017 school year, we The Office of Technology (OT) have held successful parent events at the continued to enhance infrastructure and Framingham Public Library and district distribute technology to the hands of schools. students and staff. Leveraging wireless technology and mobile devices, OT Due to the high increase in immigrant efforts is contributing to enhancing the students this past year, FPS was allocated classroom learning and immediate access a Title III Immigration Grant which we to research materials across all schools. have used to kick off a pilot home visits program. The training was held at Fuller Over the past year, OT again distributed Middle School and approximately 40 Chromebooks throughout the district. All principals, teachers, school support staff, and central office staff were in attendance. device to student ratio was at 2.3:1. All The training was led by the Parent Middle Schools leverage Chromebook Teacher Home Visits (PTHV) who did a technology to take online PARCC wonderful job making everyone feel assessments. All ELL students used comfortable and confident in having staff Chromebooks for computer based Access make home visits. This pilot program is testing. Throughout the district other being funded by Title III to support schools continued to use these devices to Bilingual students and their families. access digital curriculum as well as for Fuller, Cameron and McCarthy are research, assessments and class activities. participating in the pilot PTHV program Recreation and Cultural Affairs213 Town of Framingham2016 Annual Town Report District-wide, OT continued to make July 1, 2017. The Transportation enhancements to our network Department works closely with the infrastructure. These enhancements Framingham Police Department's Safety include increased bandwidth from the Division, the Framingham Fire schools to the internet and increased Department and the Department of wireless coverage in the buildings. Public Works. Additionally, the Office of Technology led the project to redesign and update the BUILDINGS AND GROUNDS district website. With a continued focus The Buildings and Grounds Department on moving towards a digital environment, currently maintains 16 school-owned the Office of Technology continues to buildings comprised of 1,655,076 square evaluate workflows and processes across feet of building space and 265 acres of the district in an effort to create a grounds, including athletic playing fields, seamless flow of data and paved driveways, walkways, parking lots communications and reduce duplication and wooded areas. of tasks. The department employs 62 custodians, TRANSPORTATION 10 maintenance personnel, 3.5 office The Transportation Department provides support staff, a maintenance foreman and a vital service for the Framingham Public a director. Department objectives are as Schools. Over five thousand nine follows: Adhere to safety and health hundred public school students utilize bus standards, provide cleaning and transportation on a daily basis. The maintenance inside and outside of Transportation office continues to work building structures, ensure security of diligently to ensure our students safe and buildings, plan for and monitor efficient efficient transport. Massachusetts use of buildings, provide year-round General Law requires the School maintenance of grounds. Departments to provide transportation to all children outside two miles of each In addition to routine maintenance and respective district school in grades K - 6. cleaning of all buildings, the Buildings and To that end, Framingham provides school Grounds Department oversees and transportation to over one hundred and coordinates the following: All applicable twenty-five students in non-public schools federal, state, local and district inspections in Framingham. including: Town of Framingham building inspections, fire alarm Due to budget constraints, the School inspections and elevator inspections are Department moved to a fee-based performed annually. transportation program twelve years ago for those students in grades 7 12. The Department of Environmental Protection district does have limited seats available (DEP), Material Safety Data Sheets for purchase for students who live within (MSDS) are on file in the Senior 2 miles for grades K 12. Custodians office as well as the Buildings and Grounds Office. Asbestos Hazard Emergency Response Act (AHERA) successfully will enter into our second reports (6 month and 3 year), Annual year of a new five year contract with filings of Integrated Pest Management Durham School Services beginning on (IPM) plans in compliance with the Recreation and Cultural Affairs214 Town of Framingham2016 Annual Town Report leadership. In addition, PIC also works also on file in the Senior Custodians closely with Framingham pre-schools, Office as well as the Buildings and head start, daycare centers as well as Grounds Office. Lead in drinking water community-based agencies. testing is conducted in coordination with Along with the support of other the Town of Framingham DPW. Grease departments, PIC provides the following trap inspections, playground inspections services: acting as the faceof the gymnasium equipment inspections, stage Framingham Public Schools to new and curtain rigging inspections, Custodial and existing families enrolled in the school maintenance Staff Right to Know Laws district and providing critical resources and Monthly Pest Inspections are and information to all families; performed. registration and placement for all students entering grades FAMILY AND COMMUNITY ENGAGEMENT K-12; a nurse who reviews all medical and Family and Community Engagement immunization requirements for incoming (FACE) is the division responsible for Kindergarten students, processing student supporting meaningful engagement transportation applications and opportunities among schools, parents and transportation fees; processing student members of the Framingham Community. transfer requests; processing placements These engagement opportunities are for English Language Learner and Special tailored to support and increase academic Education students; notary service for achievement for Framingham Public residency affidavits, McKinney-Vento School students. There are five main Homeless designation and state reporting; areas under the umbrella of Family and and enrollment reports and projections. Community Engagement: Parent Information Center (PIC), Early In School Year 2016-2017 PIC extended Childhood Alliance of Framingham its hours on Mondays to 8:00 am 6:00 (ECAF), McKinney Vento Homeless pm during the school year to better serve Education Assistance, Framingham Adult families, and on Tuesdays-Fridays the ESL+ and Compliance of the Compulsory office is open from 8:00 am 4:00 pm. Attendance Law. Extended hours are available on regular school days and the office is open year The Parent Information Center (PIC) is round. devoted to registration and school assignment for all students who attend The Early Childhood Alliance of Framingham Public Schools. In order to Framingham (ECAF) is a collaboration of community advocates who believe in and and families with a one stop shop that actively promote early education. offers enrollment and placement services Vision: Framingham is a welcoming for all qualified students into Framingham community for families and professionals Public Schools, staff members of PIC that provides access to comprehensive work closely with other departments in resources and support for the healthy the district including: Transportation, growth and development of our children. Health Services, Food Services, Technology, Special Education, Office of The Coordinated Family and Community Bilingual Education and district Engagement Program is a program that Recreation and Cultural Affairs215 Town of Framingham2016 Annual Town Report supports families, educators and learn English, get high school equivalency, community agencies in identifying and and gain US citizenship. locating resources for parents and young children birth through age eight. Our students live and work in our area, and we equip them with the skills needed The Parent Child Home Program a to apply their energy as part of our nationally recognized early literacy community. Many of the adult students program that provides home visits to are parents of FPS students, and teach early literacy activities to families improving their English helps improve with young children ages 18 months to their involvement in school, and their three years old. Provider and Educator Support Services Middlesex County and Framingham in ensures access to opportunities for early particular depend on immigrants to help childhood directors and educators to fuel growth. Immigrant businesses and receive, share and exchange information families have revitalized downtown through a variety of means such as: -to- economic growth, and giving students the peer support networks, curriculum language, literacy, and numeracy they need exchanges, guest speakers and ongoing will increase the local economy and communication providing linkages to strengthen our community. community, regional and statewide In 2016, FAESL+ offered over 1500 seats resources. in classes. The program met students from 42 countries, speaking 28 different The McKinney Vento Homeless languages. An additional 300 students Education Assistance Act (1987) is a were served in volunteer-led prep classes. federal law that ensures immediate Students learned English grammar, US enrollment and educational stability for culture and skills and vocabulary needed homeless children and youth. for career and educational advancement. Framingham Public Schools has a The program also helps with accent McKinney Vento Homeless Education reduction, computer literacy, college Liaison. The local liaison serves as one of preparation, and career counseling. the primary contacts between homeless families and school staff, district A large part of the funding for FAESL+ personnel, shelter workers, and other comes from a grant from the service providers. Massachusetts Department of Elementary and Secondary Education (MA DESE). FACE also includes the Supervisor of The program is monitored by the MA Attendance, who is responsible for DESE on measures relating to attendance, ensuring that students attend school learner gain, and goal achievement, and regularly. The Supervisor of Attendance the program consistently meets or exceeds is also responsible for providing support these standards. For example, MA DESE and recommending resources to students requires programs to ensure that students with attendance concerns. attend between 66% and 76% of the time; FAESL students have averaged 83% over FRAMINGHAM ADULT ESL the past four years. The program has Framingham Adult ESL Plus provides shown steady progress over the past 4 free classes to help adult in our area to years in performance points, and has Recreation and Cultural Affairs216 Town of Framingham2016 Annual Town Report become not only one of the largest the needs of identified students. In this programs in the state, but also one of the setting, Sage provides a differentiated most respected. program of work which is based on abstract thinking skills, independent The student demographics at FAESL investigation, thinking skill behaviors, and have continued to shift slightly. skills for self-help. Sage classes are Portuguese speakers make up 57% of our interdisciplinary in nature, involve student body, and Spanish speakers are thematic study that is based on Common the second largest group, at 23%. Arabic Core standards and is part of the core and Russian are tied for a distant third academic program essential for proper place, each representing 4% of total growth and development. population. Framingham Adult ESL Plus has the skills, infrastructure, and To promote quality educational practices connections to serve the immigrant across the curriculum and throughout the population in this area. district to maximize student potential, the Sage Department: focuses on the All of the teachers at Framingham Adult academic, social, and emotional ESL Plus are paid through public grants, characteristics of gifted and talented private grants, and private donations, and learners to address their unique learning the program is grateful to the business needs; utilizes data to target and engage all community and others who have helped learners;infuses critical and creative thinking skills to increase the level of cognitive complexity;provides training to GIFTED AND TALENTED and Sage services work in collaboration with partner with classroom teachers, other school departments to differentiate specialists and support staff to curriculum and instruction for students so differentiate instruction; fosters strategies they may maximize their potential. Two to facilitate student motivation, methods are used to deliver services: perseverance, tolerance for rigor, and Classroom Integration Grades K-8 and/or productivity, and; identifies and promotes Pull-out Services Grades 2-8. best practices to cultivate high standards, high engagement and high performance Sage services exist in all elementary and within a growth mindset for best results. middle schools. The integration component not only provides for the modifications necessary for the individual HEALTH AND WELLNESS needs of identified students, it also The Department of Health and Wellness provides opportunities for thinking skill is comprised of nurses, social workers, development for all students. The Sage school counselors, and psychologists. The staff serves as a resource for classroom department promotes academic teachers providing materials, lessons, and mission by supporting the social, learning centers based on the integration emotional, cognitive, and physical growth of thinking skills and differentiated and development of its diverse student practices into the grade level content. population and the greater school community. At the heart of the The pull-out component is developed in a prescriptive sense to address and support premise that students learn best when they Recreation and Cultural Affairs217 Town of Framingham2016 Annual Town Report are physically and emotionally at their Reducing the Negative Effects best. initiative to implement Massachusetts School Health Services -Henry students are provided high quality In comprehensive school health services Resilient Youth approach to stress (SHS) by nurses in every school and two reduction. This research-based adolescent health nurses who work programbrings relaxation response- throughout the district. based coping skills and life management tools (mind/body skills) Student Support: Each school in the to educators and students to help district is staffed by school counselors better manage daily stress, and who support students in the areas of academic achievement, personal/social academic performance; funded by the development and college and career MetroWest Health Foundation; readiness; psychologists who provide McKinney Vento Social Worker: full services such as assessment, consultation, time social worker responsible for evaluation, intervention, prevention, and intensive case management of planning; and social workers whose work homeless students at all grade levels; involves bridging school, home, and funded by McKinney Vento and Title community in an effort to assist students I; be as successful as possible. FPS benefits from collaborations with and a five year program to support from a variety of community and create safe and supportive learning state stakeholders in support of student environments with a focus on LGBTQ; health and wellness. These include: funded by DESE; School-based Health Center: The Edward M. Kennedy Collaborative for Academic, Social, Health Center satellite site at and Emotional Learning (CASEL) Framingham High School provides conducted a district needs assessment medical services to enrolled students., regarding meeting the social, including immunizations, sports emotional, and behavioral needs of physicals, and treatment of illnesses; our students; funded by the MA Department of Public Health MetroWest Health Foundation; Essential School Health Services (ESHS)program funds SHS infrastructurewith personnel, professionaldevelopment by the MA Department of Elementary opportunities, and equipment and and Secondary Education to provide technology; Vision Center: New technical support and funding to England Eye Institute operates the develop a three to five year strategic Vision Center at Fuller Middle School plan to develop and implement (providing comprehensive vision care programs focused on school climate to all members of the FPS community); and social emotional learning district- Boston University Goldman School of wide. graders. Recreation and Cultural Affairs218 Town of Framingham2016 Annual Town Report COMMUNITY RESOURCE excellence in the arts. Grade five band classes continue to grow with close to DEVELOPMENT eighty percent of our students learning a The Office of Community Resource band instrument. This student group Development has had a busy and performed at the tree lighting ceremony in productive year. With the addition of a December. new Assistant Director, Tiffany Lillie, two new Program Coordinators, Shannon Our high school marching, jazz, concert of and percussion ensembles have all school time programming is more robust garnered gold and silver medals this past than ever. year in a variety of festivals and competitions across the state and our As a department we have launched our vocal department sent a student to the quality standards to ensure inclusion and district concert in January. Our student quality for all of our programs. These ensembles add to the vibrancy of the standards have enhanced family Framingham community by performing at engagement, community partnerships, and local civic organizations and the Callahan overall programming. In partnership with Senior Center. Framingham State University we developed a new marketing and All three Middle Schools presented communications plan that has led to the musical this year. Little Shop was development of new branding and logos produced at Fuller, Hello Dolly at Walsh for all of our programs. and Hairspray Jr at Cameron. Meanwhile Framingham High school opened its We are currently working on a new season with Urinetown, the Musical and initiative with Wellesley College to entered electra into the Massachusetts develop a young educator pipeline Educational Theater Competition. through out of school time programs that Framingham High School is the reigning will look to nurture the next generation of State Champion in high school theater as educators. We continue our work with it took home the trophy for a production Mass Bay Community College to expand of Sideways Stories from Wayside School dual enrollment opportunities and are last April. exploring new potential partnerships with their Biotechnology program. Our Visual Arts department was recognized at the Scholastic Globe Moving forward we are looking to Competition with Gold Keys, Silver Keys strengthen these partnerships and our out and Honorable Mentions and our of school time programs through elementary schools were participants in increased fundraising. It is our mission to the Worcester Youth Art Month activities ensure high quality sustainable programs as well and recognized for excellence. for all students in the Framingham Public Schools. Respectfully, Dr. Edward Gotgart FINE AND PERFORMING Interim Superintendent of Schools ARTS Our arts education continues to thrive and our students and teachers continue to be recognized locally and on a state level for Recreation and Cultural Affairs219 Town of Framingham2016 Annual Town Report JP.KRTVS OSEPH EEFE EGIONAL ECHNICAL OCATIONAL CHOOL 750 Winter Street, Framingham, MA | 508-416-2100 | info@jpkeefehs.org Assistant Treasurer: John H. Evans This annual report is prepared by (Framingham) Superintendent /Director, Jonathan Evans, and composed on behalf of the Staff members working on behalf of the members of the School Committee of the District and School Committee are Elaine South Middlesex Regional Vocational Recording Technical School District and Secretaries and Jack Keating, Treasurer. submitted after review and approval by the full Committee in compliance with the The balance of this report presents a provisions of the Agreement among the summary of the discussions and actions of towns of Ashland, Framingham, the Committee on a number of the Holliston, Hopkinton and Natick. important matters brought before the Committee for advice or action. This report reviews from the perspective of the Committee the principal items with Community Engagement which the Committee was concerned Staff and students of Keefe Regional during the year. It is a representative Technical School participated in many account of matters solely within the policy community projects throughout the making authority of the Committee and school district member towns. Examples also of matters which the of these activities include: Superintendent/Director brought before the Committee for information and Carpentry consultation. For greater detail and Ashland Middle School Removed discussion the reader should read the suspended ceiling in gym extended minutes of Committee meetings McAuliffe Charter School - Built and and the attachments thereto which are installed soundproof sliding divider panel available at the school office. Framingham Library in Nobscot Built Utility Garage In addition to a public high school, the Town of Framingham Roof re-shingling South Middlesex Regional Vocational Hopkinton Senior Center Remodel Technical School District provides project continuing education opportunities for MA Juvenile Police Officers Natick 5 adults through the Keefe at Night Sets of bean bag toss boards program as well as Summer Discover, a Town of Natick Sixty- summer program for area youth. boxes The Committee reorganized on June 6, Cosmetology 2016 with officers elected unanimously to Valley Farm Assisted Living Manicures the following positions: (x2) Ashland Senior Center Manicures (x2) Chair: Michael Rossi (Framingham) Callahan Senior Manicures Vice-Chair: Edward Burman (Ashland) Hopkinton Senior Center Manicures Secretary: Sarah Commerford (Holliston) Recreation and Cultural Affairs220 Town of Framingham2016 Annual Town Report Culinary Framingham High School Hall Passes; Taste of MetroWest Showcase & Guidance Passes; Transcript Request Competition Forms; Attendance Forms Mass Juvenile Officers Association of Electrical Natick Vinyl signage Framingham Parks & Rec. Maintenance Building Replace outside lights Health Bowditch Field Time clocks and relays Bethany Health Care Ctr., Framingham for ball fields; Light fixture repair Clinical hours Ashland Middle School Remove and MetroWest Blood Donor Room, install ceiling lights and conduits Framingham Blood Drives October and Framingham Park & Rec. Maintenance April Building Replace outside lights Callahan Center - Jewels Birthday Party Hopkinton House Project Wired for all 90+ year olds basement Leukemia and Lymphoma Society, Natick Natick Housing Authority Install Pennies for Patients temporary service at 300 Bacon St. Senator Karen Spilka Health Fair Volunteer (Support) Graphics Town of Ashland Business Cards Landscape & Design Framingham Rotary Sign board banners; Cushing Park Planted trees, mulched carnival fliers; A-frame banners; and general landscaping for Arbor Day; Date changes for yard signs; Pamphlets; Cleared snow from paths Post cards Natick Community Organic Farm Walsh Middle School Drama show Maple sugaring booklets MIAA Planning a turf area Cameron Middle School School Ashland State Park Maintenance Directory Framingham Police Department In May 2016, Keefe Regional Technical Printing School hosted a breakfast for the Hoops and Homework Fundraiser Ad Community Based Justice Program (CBJ) Book that included Middlesex County District Leadership MetroWest Back-A-Vet Attorney Marian Ryan, Judges, Probation Laminate information cards Officers, School Officials and area Police Framingham Public Schools Copying Department Representatives. forms Framingham Police Mission Statement It should also be noted that all five district Signs; 9x12 envelopes Town of Framingham Banners and practice and compete at the Keefe posters for voter registration Regional Technical swimming pool. The C.A. Dunning School School Directory pool is also used by the Framingham and Holliston Police School response books Natick Park and Recreation Departments. Hopkinton MetroWest Symphony Orchestra Concert programs Administration Business Professionals of America In 2016, Jonathan Evans completed his Conference booklets third year in the role of Superintendent Natick Family Promise MetroWest Director, with 20 years of service to the Banners; Training guides; Posters district. 221 Town of Framingham2016 Annual Town Report The School Committee adopted goals for 7)The Special Education Team will prepare for the Department of evaluation period from July 1, 2016 Elementary and Secondary Education through June 30, 2017. The goals adopted Coordinated Program Review. related to the following: Preparation for NEASC Decennial Visit, Budget Analysis, The Professional Development Program Parent Engagement, and Post-Secondary for 2016 involved numerous offerings Connections. designed to enhance the educational experiences of students. The following The Committee completed its periodic list of topics were addressed: Universal Design for Learning (UDL) & the MASS accomplishments against established goals Tiered System of Support, Instructional and desired qualities established in the technology to enhance student learning, DESE Rubric and found him to be Culturally Responsive Instruction, Student Proficient in all areas. The complete to student discourse, Developing Higher record of this evaluation is a public order thinking skills, and Using document that will be available at the assessment to enhance learning. South Middlesex Regional School District Handbook The Committee approved revisions to the School Improvement Plans Student Handbook that had previously The School Improvement Plan for the been approved by the School Council. 2016-2017 school year embodies specific Added to the handbook was updates to performance objectives as follows: the driving and parking responsibilities, an extended definition of the smoking 1)Add AP English and AP Computerviolation to include vaporizers and Science to the course offerings toelectronic cigarettes, an increase in the enhance postsecondary options fornumber of credits needed for graduation, students,beginning with the graduating class of 2)Begin the NEASC self-study in2018, and the addition of the grade point preparation for a visit in May 2018,average for Advanced Placement (AP) 3)The Admissions Team will review theclasses. make changes to events and theThe Budget Process timeline of activities to supportThe Budget Sub-Committee members Ed student interest and retention,Burman (Chair), Myra Bushell, Larry 4)The Guidance Department will exploreCooper, Mia Crandall, Tassos Filledes, and implement a variety of solution-and Barry Sims (Vice Chair) are beginning focused strategies to assist studentsthe FY17 budget development process. with better self-management/coping skills,In 2016, the Superintendent continued the 5)Pilot a new process for a Studentpractice of communicating early in the Response Team toincrease budget process with the financial officers collaboration surroundingat-risk of the member towns to develop mutual students,awareness of both municipal budget 6)During the 2016-2017 school year,constraints and the efforts of the Legal and Protective Services will beCommittee to manage the school added to the CTE portfolio,efficiently and effectively while 222 Town of Framingham2016 Annual Town Report recognizing those limitations. The The enrollment on October 1, 2016 was Committee continued to consider 718 students reflecting an increase in reductions in the preliminary budget and enrollment. the budget of $18,090,852 as submitted to Buildings and Grounds the member towns for FY17 was Keefe Regional Technical School has been approved by all. occupied continuously since September 1973. The facility is used not only during The District established an Other Post the school day and year but also evenings, Employment Benefit Trust (OPEB) and weekends and during the summer months. began funding this obligation. An extensive upgrade of the energy systems (HVAC and lighting), completed The annual audit by the independent in 2007, has resulted in the replacement of accounting firm of McCarthy & Hargrave major mechanical components controlled is in the process of preparing the financial by a comprehensive energy management statements for committee review. During system. The project has resulted in a the preliminary process no material significant reduction in total utility findings were reported. It is expected that expenditures. the audit report that calculates our energy project will meet the stipulated guarantee Facility upgrades that were completed in benchmarks for the 2016-2017 year. 2016 include replacement of furniture and equipment in several classrooms and CTE Enrollment, Recruiting and Student programs, repairing, crack sealing, seal Retention coating, and line striping the parking lot, Keefe Regional Technical School is a plumbing and electrical upgrades, painting school of application. Maintaining a exterior metal building panels, designation healthy enrollment of students for our day of a transgender restroom, replacement of school operation is essential for our several major appliances in the Culinary financial support and overall operational and Job Training Program kitchens, success. The Superintendent has purchase and installation of two kilns and indicated that he believes that the quality four pottery wheels to create a functional and rigor of our school programs and the space for a new Pottery/Ceramics safety and culture of our school elective, the addition of twelve IP cameras environment will lead to our success in to the existing surveillance system, attracting students and their families to replacement of several pieces of Keefe Regional Technical School. The antiquated commercial cleaning Superintendent has emphasized that the equipment, mechanical and control administration, faculty and support staff upgrades to the HVAC system, must work together to ensure that Keefe renovation of the interior of the Regional Technical School continues to be greenhouse, replacement of the pool recognized by our community as a career boiler/burner, replacement of the truck and technical school of high quality. In mounted sander, and the purchase of a 14 the fall of 2016, our recruitment efforts passenger Ford minibus. included a two hour showcase visit for all th 1800 8 grade students from the public Facility projects identified for future schools in our district, followed by an consideration include construction of an Open House Career Night for perspective ADA compliant ramp and handicap students and their families. 223 Town of Framingham2016 Annual Town Report accessible entryway, replacing suspended Administration and the School Committee ceiling systems, renovating the Resource observations and recommendations of the Center, repairing/updating the advisory boards. The points noted for the auditorium lighting system, replacing the current year include: the need to emergency generator, expanding the continually align the curriculum with surveillance system, sealing metal walls changes in technology; outreach to bring and window frames, pressure washing and sealing the exterior building concrete, increasing opportunities for students and renovating a building space to create a employers in the co-op program and the music room, updating/expanding the success we have had for employment; technology infrastructure and replacing successful pursuit of grant funding for essential vehicles. state of the art career and technical equipment; and maintaining the license Student Achievement status of student professional programs The District received from the DESE its technical entry opportunities. Accountability Data. Keefe Technical School was informed that according to the Respectfully submitted, 5-level scaling systems created by the Jonathan Evans DESE under the accountability and Superintendent-Director assistance levels, Keefe has been categorized as a Level 2 school. SOUTH MIDDLESEX REGIONAL Throughout the state of Massachusetts, VOCATIONAL TECHNICAL there are 233 school districts categorized SCHOOL COMMITTEE as Level 2 districts. ASHLAND On Wednesday February 24th, 2016, 709 Edward Burman students competed in the SkillsUSA William N. Gaine, Jr. District Competition held at Keefe FRAMINGHAM Regional Technical School. Of the Michael Rossi - Chairman competitors, 106 were from Keefe John Kahn Regional Technical School. Keefe Linda Fobes earned 5 Gold, 11 Silver and 11 Bronze James Cameau medals. On April 29th, at the SkillsUSA A.J. Mulvey State Competition held at Blackstone John Evans Valley Regional Technical School in Larry Cooper Upton, MA, our 38 competitors earned 2 Myra Bushell Gold, and 6 Silver Medals. The National HOPKINTON SkillsUSA Conference was held in Mia Crandall Louisville, KY on June 24th. The two Ruth Knowles competitors placed in the top ten in the HOLLISTON country. Sarah Commerford Barry Sims General Advisory Board NATICK The General Advisory Board consists of Tassos Filledes the Chair of each Vocational Advisory Dr. Stephen Kane Board. The General Board summarizes and brings to the attention of the 224 Town of Framingham2016 Annual Town Report FPL RAMINGHAM UBLIC IBRARY 49 Lexington St. (Main) | 508-532-5570 | library.public@framinghamma.gov Celebrating the opening of the New process of moving library collections, Christa McAuliffe Branch Library, re-totaling over 85,000 items, from the old opening the Main Library, closed for nine-branch library at 10 Nicholas Road to the months due to an electrical fire, new facility 1.5 miles north at 746 Water advancements in technology, increases in Street. A data driven, and well executed programming, important changes in moving plan meant that the time the organizational structure, and significant Town would be without an open library progress in developing new collections, facility would be kept to a minimum. highlighted a very successful 2016 at the Library staff and volunteers would pack, Framingham Public Library. label, transport, and re-shelve books and other library materials with such efficiency Completing the New Christa that the Town was without library services McAuliffe Library on budget and on for only three days. This extraordinary time accomplishment preserved essential The Library Building Committee, working library services while saving $25,000.00 in closely with our project architects, budgeted moving expenses. With Town Officials, collections and technologies solidly in and our General Contractor worked place, a Certificate of Occupancy was diligently in January and February to keep issued by the Town, and the New Christa the nearly eight million dollar project on McAuliffe Branch Library opened to an schedule. enthusiastic public at 9:30 a.m., February 16th. General Contractor Lupachino & th, Salvatore Inc. of Bloomfield CT. would On May 29 State and local officials strive to finish the project the same way joined the Board of Library Trustees, they started it with dedicated attention members of the Framingham Library Foundation, Friends of the Library, Inc., Design Technique, Inc. of Newburyport, Massachusetts Board of Library MA continued to be an invaluable Commissioners, and Framingham member of the Libraryresidents to formally dedicate the new Branch Library fulfilling a dream that exceptional knowledge of the construction began seventeen years earlier. industry to the project and to assist the Owner (Town of Framingham) with all Throughout the project, and into early facets of the construction process. 2016 we remained most appreciative of Design Technique also provided the continuing support and cooperation unequaled dedication and attention to the project received from numerous Town detail as did our architects from the Departments, Boards and Commissions as Boston, MA firm of Finegold Alexander we worked from groundbreaking to the Architects, Inc. Opening. We are especially appreciative of the professional attention and support The closure of the Main Library would received from the Town of Framingham force a significant re-thinking to the Planning Board, Conservation 225 Town of Framingham2016 Annual Town Report Commission, Town Counsel, Town us. This important component to the Building Inspector, Fire Department, and interior of the building would be unveiled the Finance and Procurement Division. to an enthusiastic audience on Nov. 27th At several points throughout the project Meanwhile, the Framingham Public Library Foundation reached, and then significant contributions to the success of went on to exceed their goal of raising the project. $600,000 in support of the new Branch Library. We are appreciative to all that Mr. Jim Paolini, Director of Town gave generously to the project and to Facilities and Capital Projects, continued everyone that attended the numerous to bring his considerable experience with fundraising events sponsored by the the construction industry to the project. Foundation. And while the mission of With numerous Town-wide building a new branch library has been responsibilities, including being the point accomplished, the work of the person for the restoration of the Main Foundation to constantly improve library Library, Mr. Paolini and his staff services in Framingham goes on. Please embraced the goal of opening the new branch Library in early 2016 and greatly web page to learn how your generosity assisted library staff to accomplish the can help build an even brighter future for goal. Our appreciation for these efforts cannot be overstated. Organizational Changes In August, the Town and Framingham Community Services Librarian Michelle State University hosted the National LeMonde-McIntyre retired after fourteen- Conference of the Challenger Center, an years of service to the Library. Michelle organization that came together in the will be fondly remembered for the aftermath of the accident, firmly community connections she established committed to the belief that they must and nurtured so well, and for inspiring our programming efforts that would establish mission. The Library hosted an evening our Library as a clear leader in this area of event at the new Branch. 125 attendees library services. And Michelle will also be were thrilled with the facility and were remembered for tirelessly marketing the Library to the residents of Framingham long before most libraries embraced this the entire crew of the space shuttle challenge. Challenger. McAuliffe Branch Manager Nancy Gentile Finally, Library Trustee Jan Harrington also retired, after 35 years in the and Branch Manager Nancy Gentile led a profession; the last five-years in talented committee of Framingham Framingham. Nancy had a pivotal role in residents and talented designers who were making the new Branch a reality. An charged to design and install a enthusiastic spokesperson for the new Branch, Nancy also fulfilled many inform, or further educate, all who important behind the scene roles. She kept her staff well informed and engaged namesake, and why thirty, forty, or fifty throughout the project. Nancy would years after the Challenger disaster, Christa plan the move of library materials to the McAuliffe will continue to inspire all of new branch described earlier in this 226 Town of Framingham2016 Annual Town Report report. Nancy would also be involved in systems, fresh paint everywhere, and an furnishings and technology decisions and opportunity to re-carpet the lower and was a leader in developing the inspiring main floors before our goal of re-opening commemorative display celebrating the to the public in early June. We would th life of Christa McAuliffe that greets all accomplish this work, open on June 11, visitors to the Branch. and welcome our patrons back to their library, with special events, refreshments We wish both of these outstanding and programming. colleagues the very best with the next chapters in their lives. We remain very grateful for the outpouring of support and Rising to the Challenge encouragement we received from our The electrical explosion that occurred at colleagues in town government and from the Main Library the morning of October so many citizens of the Town! 17, 2015 while work was being performed to install new boilers would keep us out of Unique Programs and Services the building for the first half of 2016. The The Library continued its long tradition of addressing the unique needs of a diverse was extensive. And while direct damage community with specialized services. The to the facility was confined to the Electrical Room, black soot from the offer free tutoring and homework to all incident migrated throughout the Library Framingham students, elementary through via the ventilation system. The repairs to high school. This afterschool program has the mechanical systems, along with a top assisted hundreds of students with school to bottom cleaning of the building, would assignments while reinforcing the require the building to be closed for a total of eight months. their educational pursuits. Library staff operated out of the The Literacy Unlimited program provides Technology Lab at Town Hall and a solid, comprehensive program for provide library services to the public from training and supporting volunteers to teach basic reading, writing and math former St. Stephens School Building skills to adult learners, including those for located at 25 Clinton Street, just two whom, English is a foreign language. blocks from the Main Library. Library Dedicated to increasing public awareness staff rallied for nearly seven months to of the need to eliminate illiteracy in our make this space a library for our patrons. community and expanding the availability While the space was small, there were of educational programs that accomplish collections, computers and most this. The program is based on the belief importantly talented and dedicated staff that literacy strengthens society and who worked tirelessly to provide essential promotes equality among its members. library services. Reaching out to the Community In May, library staff were allowed to re-The Library collaborated with many enter the Main Library and begin the organizations responding to community challenging task of preparing collections, needs and providing a wide variety of technologies and public spaces for a re-educational and enriching programs. This opening. We would find new mechanical year, 9,056 people attended 234 Library 227 Town of Framingham2016 Annual Town Report sponsored adult programs at the Main the many volunteers who have assisted Library. Highlights of the year included Library staff in making these programs the expanding community participation in possible and especially to the Friends of our two Lifelong Learning Programs that the Framingham Library who financially are in collaboration with Framingham support our efforts. We also appreciate State University. Our Lifelong Learning the financial support from local Lecture Series presented 20 lectures by businesses, the Framingham Cultural scholars from the University as well as Council and several local foundations that other colleges and universities in the area. have helped defray the costs of Lectures on a variety of topics were given programming. Contributions from local on Thursday evenings at the Library and markets, especially Whole Foods and attendance once again increased d us to serve dramatically over the previous year. refreshments at adult programs. The daytime classes for seniors, held on Friends of the Library Tuesdays in March and October were so The Friends of the Framingham Library popular that we, once again, had to limit Association, Inc. continued their long registration. More than 200 seniors tradition of dedicated work on behalf of participated in each of the October and the Library. The Friends, through their March programs. Support for this project monthly book sales, raised thousands of was generously provided in part through dollars to support collections, programs the generosity of its membership. The and special projects. There are numerous Danforth Museum, the Boys and Girls and rewarding volunteer opportunities Club, and the Callahan Senior Center collaborated in the success of this Please consider joining this essential program. organization! Library Trustee News once again diverse and attracted large and In April 2016, incumbents Robert Dodd, enthusiastic audiences. Our goal is to Elizabeth Fideler, and Ruth Winett were provide a variety of cultural and re-elected to serve as Trustees for three informational programs that educate, year terms. William Wray was elected to a entertain and enrich our audiences. Our three year term. Friday Night Film Series regularly attracts large and enthusiastic crowds. Our In May 2016, the Trustees elected the Sunday Concert Series and Summer following officers: Eric Doherty, Chair; Concert Series provide a variety of Elizabeth Roy, Vice-Chair; Maria Barry, classical and popular music with emerging Secretary; and Arthur Finstein, Treasurer. artists that often attracts capacity crowds. The other Trustees are, Jan Harrington, Sam Klaidman, Jo-Anne Thompson, and informal lunch time program featuring Nancy Coville-Wallace. speakers from local businesses and organizations. recognition of the importance of our We appreciate the efforts of our local libraries to citizens of all ages. We also media, newspapers, email lists and online appreciate the ongoing support of the media in helping us publicize our Board of Selectmen, Town Manager, programs to the community. Thanks to Assistant Town Manager, Chief Financial 228 Town of Framingham2016 Annual Town Report Officer, Town Counsel, the collegiality and support of other Town Departments. We also appreciate the support of the Finance Committee, the Standing Committee on Education, Capital Budgets, Disability, Ways and Means and other committees. Respectfully submitted, For the Board of Library Trustees Mark J. Contois, Director of Libraries 229 Town of Framingham2016 Annual Town Report GENERAL COMMITTEES CAC|CBC|CC ABLE DVISORY OMMITTEE APITAL UDGET OMMITTEE ULTURAL OUNCIL CCAC|DC|EGCT USHING HAPEL DVISORY OMMITTEE ISABILITY OMMISSION DGELL ROVE EMETERY RUSTEES FHC|FC|GSC AIR OUSING OMMITTEE INANCE OMMITTEE OVERNMENT TUDY OMMITTEE HDCHC|HRC ISTORIC ISTRICT OMMISSION ISTORICAL OMMISSION UMAN ELATIONS OMMISSION RPC|TAC EAL ROPERTY OMMITTEE ECHNOLOGY DVISORY OMMITTEE an extensive review of the capital needs of Cable Advisory Committee the town and schools. The Cable Advisory Committee took the following actions: After this review, the CBC meets with Attended the public hearing on representatives of each department to discuss their recommended capital requests in depth. The CBC then votes Analyzed possible implications of on whether to recommend each individual sale of RCN to new owners. request to Town Meeting for their approval. As part of the process RCN verbally agreed to provide high-definition for The CBC also presents the results of their the deliberations to the Finance Committee channels. and the Standing Committee on Ways and Assisted Framingham residents with Means before the start of the Annual repair and billing issues on their Town Meeting. cable TV service. Jeanne Bullock (Chair), Kevin Crotty The members of the Cable Advisory (Vice Chair), Richard Weader (Clerk), Dan Committee are: W. Peter Barnes, Annabel Rao, Ed Kross, and David Miles Dodd (Chair), Ron Rego, Norma Shulman (FinCom Representative)  and Mort Shuman. Framingham Cultural Council Capital Budget Committee The FCC makes decisions on how to The Capital Budget Committee (CBC) distribute funds from the Mass Cultural consists of six Town Meeting Members Council. Awards from these and other appointed by the Town Moderator, and funds are made to best serve the cultural one representative from the Finance needs of Framingham. Committee. The role of the CBC is to recommend to Town Meeting for For 2017 the Massachusetts Cultural approval all capital projects with a cost of Council gave the FCC $20,300. We also at least $25,000 and an expected useful received $4,500 from corporate donations life of five years. and used funds from the other accounts to grant a total of $30,257 to 26 applicants The CBC receives the recommended including 3 subsidies for school children capital budget items from the Chief to attend cultural events. Financial Officer (CFO) ninety days prior to the start of the Annual Town Meeting. The 2016 FCC Bill Collins Memorial Arts The CBC then meets with the CFO to Scholarship was awarded to Anh Tran, a discuss the recommended items as well as 230 Town of Framingham2016 Annual Town Report student graduating from the Marian High At the Annual Town Meeting, the School, to help further her education in Disability Commission sponsored an the arts. article to update the existing Accessible Parking bylaw to bring it in line with State The FCC held an awards reception at the and Federal Regulations. Some changes Amazing Things Arts Center where the included increasing the the Fine amount Contributor of the Year award was given from $200 to $300 and adding provisions to Donna Wrensenski, Framingham for snow removal from Accessible Parking Schools Fine Arts Director, and the spaces, access aisles and curb cuts which Special Recognition Award to Donna block access to buildings. Potter Road School Teacher. Maxwell, In June, the Disability Commission hosted a Community Access Monitor (CAM) See the Framingham Cultural Council web training with the Office on Disability pages on the town website. (MOD). This training was attended by many town employees, private companies, Respectfully submitted: Independent Living Centers, other Joel Winett, Chair; Esther Powell, Vice- Disability Commissions and employees from other municipalities. Sucich, ; and members Philip Kaplan, Norma Kent, Judy Levine, In July the the Commission recognized and Lev Rozman. the 26th Anniversary of the 1990 Civil Rights Law, the Americans with Cushing Chapel Advisory Disabilities Act (ADA). Committee The Cushing Chapel Committee has been In October, the Disability Commission working at keeping the chapel busy with met with the Charter Commission to weddings and other functions. The review how the Disability Commission chapel is available for rental by contacting would work in a city form of government. the Facilities Management Department. Make an appointment to see inside this The Commission was very pleased to historic building. expend $1,950 from the HP Fine Account to the Hoops and Homework program to Disability Commission allow them to create an accessible pathway Members: Karen Foran Dempsey (Chair), to the basketball court used by the Susie Santone (Vice Chair), Elise Marcil community in downtown. (Clerk), Rose Quinn (Treasurer), Craig Coleman, Ricky Finlay, Dennis Moran. The Commission had a very busy year in regard to reviewing many variance In March, some Disability Commissioners requests submitted to the Architectural attended a Best Practices forum at Access Board (AAB). We met with many Worcester Town Hall sponsored by the businesses owners to assist them and Massachusetts Office on Disability ensure compliance with AAB and ADA (MOD). During this forum, Commission regulations. Some of these businesses members were able to share information included; Slice of New York, Lifetime and build a working relationship with Fitness, Avalon and Bayberry Apartments, other Disability Commissions in the area. Whole Foods & many others. 231 Town of Framingham2016 Annual Town Report The Commission, with the assistance and Fair Housing Committee expertise of the Access Compliance After years of inactivity the Framingham Inspector with the Building Department, Fair Housing Committee reconvened in has gained a better understanding and 2016. working knowledge of how the AAB and variance process works. This has allowed While the first few months included the us to take a proactive approach with development of our strategic goals and businesses and submit informed mission, we had very active year which recommendations to the Access Board. include three forums and committee events. We want to send a special thank you and goodbye to Kathie McCarthy, a former Our First Event centered on the over Commission member, for her many years State of Housing in the town of of hard work and advocacy. In July, Framingham. Among the many the many Richard Finlay joined the Commission insights brought forth by our esteemed and serves as our liaison with the Schools. panelist came the following three revelations. We will continue to work closely with the The average recipient of a BoS, Town Meeting, Town Manager, the housing voucher in Framingham, School and all departments, to ensure that may have to wait up to three the Town is in compliance with State months for housing to become (AAB) and Federal (ADA) access laws. available Also we will ensure that the Town Age and Race based continues to update and implement Housing Discrimination may exist changes outlined in the 2005 ADA Self- but without a formal complaint Evaluation & Transition Plan. process, victims have no recourse. Seniors, Large Families, Sincerely, and the Disabled have the most Karen Foran Dempsey, Chair difficulty finding housing within the Town of Framingham Edgell Grove Cemetery and Mausoleum The Fair Housing Committee ended the Edgell Grove Cemetery and Mausoleum year, meeting with experts in public had a very successful year as the planning, legal affairs, and affordable community becomes familiar with the housing to search for a solution to bring beautiful grounds and peaceful setting. forth to remedy these and other issues Available are full burials, cremation with affordable housing and possible burials, plot sales, mausoleum sales, discrimination within the town of mausoleum interments and chapel rentals. Framingham. Progress has been made on the mapping Finance Committee system and is still ongoing. The Finance Committee is comprised of nine members appointed by the Town The board currently consists of Barbara Moderator for a term of three years. It Ford, Susan Silva, Dennis Cardiff, John recommends action to the Town Meeting Silva and Peter Whiting. regarding the budget and other areas of finance. Other key responsibilities include 232 Town of Framingham2016 Annual Town Report authorizing disbursements from the The Finance Committee continues to Reserve Fund for emergency expenses, stress the balance needed between the authorizing deficit spending for capital and the operating budgets. The emergency winter-related expenses, pressures on the capital budget and the approving the expenditure ceiling for operating budget continue to build. The revolving funds and monitoring the Town will need to reconcile these needs along with the challenges of continuing funding for the School Department over The workload for the Finance Committee the next several years. requires a commitment of significant time from the volunteers who serve on it. In The main focus for the School FY 2016, the Finance Committee met 25 Department is the replacement of the times, and participated in the Annual Fuller Middle School. Town Meeting Town Meeting and two Special Town voted to approve $1M for the purpose of Meetings. conducting a Feasibility Study for this purpose. The funding for this study from Members often have significant Town Meeting is a requirement of the responsibilities beyond regular Finance Mass. School Building Authority. Committee meetings. The Committee provides representatives to the Real The long-range capital plan for the School Property and Capital Budget committees Department includes significant requests under Town bylaws. The Committee for many major expenses for renovations routinely appoints liaisons to Keefe Tech or new construction. The Town must and the School Department to monitor scal their independent budget development position, but also these long-term -financial issues. The bonding for these member Audit Subcommittee met with projects will put a substantial burden on the taxpayers and could require an  override or debt exclusionin future years audit firm. The School Department is also faced with The FY17 budget allowed for continued continuing increased enrollment which strategic investments for both the town necessitates budget increases well above and the schools: the level-service target. Future enrollment projections could influence the need for Approximately $255 Million or .8%additional space in the form of a new Elementary school. operating budget as recommended by the CFO.From FY13 to FY17 the School Department operating budget increased For Framingham Schools, approx. by almost $30 million, an annual average $120M was recommended, which increase of 5.9% including 223 new included a 4.3% increase in Level positions. Services funding. The Capital budget recommendation The Committee also noted the following was $28.5M, of which $16.5M was for significant Capital Improvement trends Water and Sewer. over the next 10 years: 233 Town of Framingham2016 Annual Town Report questioned candidates running for Charter Highway, Town Buildings (Memorial Commission and published the answers in Building, Police and Fire the MetroWest Daily News and later it Departments) Schools (excluding the was instrumental in Town Meeting Fuller renovation/construction), and members adopting a Resolution rejecting Water and Sewer. the proposed city charter. Technology Upgrades: Town and School technology infrastructure have On a second try, the GSC was successful substantial upgrades. $1M was voted in convincing Town Meeting to reduce its at TM with millions more planned membership from 216 to 162 over a 3- over the next years as part of the year period. It also was successful in -term having Town Meeting adopt a bylaw Technology Plan. designed to make transparent any financial conflicts of interest by Town Meeting These capital expenditures will have an Members and prevent them from voting effect on Debt Service and Water and on matters in which they have such a Sewer rates over the next 5 years. Debt conflict. In addition, the GSC succeeded Service as a percentage of the Operating in increasing the number of town meeting Budget could rise from 4.2% in FY17 to members that constitute a quorum for 8% in FY22, and that a debt exclusion for doing business from eighty to a majority Fuller School could add over $1 million of those serving as Town Meeting yearly to the debt service. members. Members of the Finance Committee as of The Government Study Committee December 30, 2016: Mahmood Akhtar, successfully convinced Town Meeting Chair (2019), Kurt Steinberg, Vice Chair Members to repeal the unenforceable sex (2017); David Miles, Clerk (2018); Dr. offender bylaw as being unconstitutional Ambar Sarkar (2017); Dam Lampl (2018); and reported on several other warrant Nancy Wilson (2018); Mike Cannon articles brought before Town Meeting. (2019); Elizabeth Funk (2019); and one vacancy. Not all reforms proposed by the GSC were successful. Its proposal to establish a The Finance Committee thanks past regular winter Special Town Meeting was members George King and Leonard rejected, as were its proposals to reform Finkel for their service to the Town. We precinct organization and increase also express our appreciation to CFO precinct responsibilities. Mary Ellen Kelley and Assistant CFO Jennifer Pratt for their ongoing expertise Lastly, the Government Study and support. Committee number of ZBA members from three to Respectfully Submitted, five was thwarted by a desire of TMMs to Kurt Steinberg, Vice Chair and wait and see if the proposed city charter David Miles, Clerk passes. Government Study Committee Respectfully Submitted, In 2016 the Government Study Mel Warshaw, Chair Committee (GSC) was an important participant in the city vs. town debate. It 234 Town of Framingham2016 Annual Town Report Historic District Commission Historical Commission The Historic District Commission held 13 meetings during 2016. Members Julie Members: Ferrari, James R. Kubat, and Andrew Chair: Fred Wallace Mackin were re-appointed to three-year Vice Chair: Paul Silva terms in June. In July the Commission Clerk: Susan Kennedy reorganized and re-elected Gerald Couto, Gerald Couto A.I.A., Chair, and elected Steven Greeley, Jane Whiting Vice-Chair. Thomas Schuetz Lewis Colten Two new single-property local historic districts were established at Fall Special Again this year, we were greatly helped to Town Meeting 2016: the H. H. have the services of a part time Richardson Depot Historic District (417 preservation planner. Through a joint Waverly Street), and the Pike-Haven-effort by the Historical Commission and Foster House Historic District (161 Historic District Commission, the town Belknap Road). This brings the total was qualified as a Certified Local number of local historic districts to five. Government by the Massachusetts Work has begun on the establishment of a Historical Commission.. This certification local historic district in Saxonville. In allows qualified municipalities greater preparation for this, consultants Claire W. access to preservation resources at the Dempsey and Zachary Violette were hired state level, and access to different federal to prepare Massachusetts Historical grant programs. Commission inventory forms for ten properties in Saxonville. A Letter of Our most significant achievement of the Intent was submitted for a Massachusetts Historical Commission Survey & Planning Preservation Plan. This document, which Grant, to be used during Fiscal Year 2018. is our road map to preservation in the community, had not been updated since During the year, the Commission held five 2002. It lays out specific public hearings and issued four recommendations in eight areas for future Certificates of Appropriateness. work in the field of preservation. In conjunction with the Historical A very successful Preservation Awards Commission, the Commission hired Program was held during Preservation Historic Preservation Consultant Jennifer Month (May). B. Doherty to undertake several projects, as well as to handle administrative duties A total of six demolition permit of the Commission. applications for structures more than 75 years old were approved. Most notable Submitted for the Commission by among these was the Marist Brothers Gerald Couto, A.I.A., Chairman; Steven Complex at 518 Pleasant Street. Greeley, Vice-Chairman; Sue Bernstein; Ted Grenham; Henry Field; Julie Ferrari, Finally, the house sign marker program A.S.L.A.; Amy Finstein, Ph.D; Jim Kubat, was continued this year. A.I.A.; Helen Lemoine; Andrew Mackin; Ken Nowell; Calvin Smith Frederic A. Wallace, Chair 235 Town of Framingham2016 Annual Town Report Human Relations Commission Real Property Committee The Commission has continued to review The Real Property Committee is charged various aspects of life within the with reviewing any proposals concerning Community ranging from schools, property which is bought, sold, housing, support groups to human transferred, or leased by the Town. trafficking concerns. Committee recommendations are made to Our meetings are open to the public and Town Meeting before it votes on any such the agendas filed with the Town Clerk in proposals. order to encourage citizen participation. The committee met three times in 2016. We met with the former Chair of the In February, it considered a proposal of School Committee Beverly Hugo and the school committee to purchase were encouraged by the programs offered property at Bethany Convent for a new within the schools. As a result we have school. No votes were taken. held meetings with Joe Corazzini, Director of Community Resource In April we met to discuss two articles on Development, and have planned a forum the Annual Town Meeting Warrant this spring. concerning acceptance of conservation restrictions on property and acceptance of land at 10 and 18 Auburn Street and 936 of the Fair Housing Committee, and Central Street. Both articles were attended their meetings, and seminars supported almost unanimously. offered by Nathalie Jean, Community Development Coordinator. In August we met to discuss a proposal to buy the Millwood Golf Course. The A representative from our Commission committee voted 5-4-0 to support the has participated in the Massachusetts purchase. Association of Human Right/Relations Commission; another attended the Ned Price National Legal Aid and Defender Acting Chair Association Conference in Indianapolis, and Diversity Advisory Council meetings Technology Advisory Committee at Advocates. Rev. Lloyd attended our In the past year the TAC has reached out meeting to talk of the Framingham rector of Technology Coming Together programs. We Services, t supported the Hoops and Homework Program. We held meetings to discuss Supervisor of Technical Services. Both Charter Schools, and the upcoming the Town and School Department Framingham Charter. We participated in Directors of Technology have met with various vigils held within the Town and the TAC providing an overview of their addressed immigration issues within our departments and answered the resulting, Community. We meet the second extensive questions of the committee. Thursday of the month in Town Hall. The Library Supervisor of Technical Services did not respond. Robert Anspach, Chair 236 Town of Framingham2016 Annual Town Report It is hoped that we will be able to meet Services before the TAC makes any recommendations. The Techniology Advisory Committee is also exploring how technology may be used to improve committee member participation throughout the town and, because it involves public meetings, has engaged the Massachusetts Attorney General Randall Cohen, Chair 237 Town of Framingham2016 Annual Town Report TM|SCCS OWN ODERATOR TANDING OMMITTEE ON OMMUNITY ERVICES SCE|SCP&Z TANDING OMMITTEE ON DUCATION TANDING OMMITTEE ON LANNING ONING SCPS|SCPW TANDING OMMITTEE ON UBLIC AFETY TANDING OMMITTEE ON UBLIC ORKS SCR|SCW&M|TMJ TANDING OMMITTEE ON ULES TANDING OMMITTEE ON AYS EANS OWN EETING OURNAL 7RZQ0RGHUDWRU The role of Town Meeting (TM), the terms. A by-law change introduced to and legislative body of the town, is to accepted by TM this year will reduce one appropriate funds (such as budgets and Town Meeting Member per precinct over capital projects), deliberate and vote on the next 3 years to 9 members per general bylaws and zoning bylaws and precinct (total 162) by 2019. vote on other items that are on the This year TM held 19 sessions for the Warrant, such as street acceptances, Annual and Fall Special Town Meetings classification plans and collective and 5 special Town Meetings. Attendance bargaining. Town Meeting acts on issues (statistics were slightly better this year) that are prepared by the Town ranged from 154 to 114 but still needs departments under the auspices of the improvement. 25 TMMs had perfect Town Manager (sometimes by citizens), attendance. 12 TMMs lost seats because by way of a Warrant, (meeting agenda) they attended fewer than 25% of the that is set by the Board of Selectmen. meetings. 25 seats were not filled. 65 members had greater than 84% attendance. over Town Meeting, to set procedures for the meeting, to keep TM running The year began with a Special TM (STM) smoothly and to keep discussion on topic, in February called to accept the insurance in accordance with the Warrant. reimbursement for the lightning damage to the Memorial Building and approve The Moderator also appoints 6 appropriations for the repair of the Main committees: Finance, Capital Budget, Real Library. This STM warrant included an Property, Government Study, Technical article to acquire property on Bethany Advisory and the Personnel Board. Road deemed suitable for a new school Currently there is one vacancy on the (motion failed). Finance Committee and several on the Government Study Committee. The At the Annual Meeting, Town Meeting Moderator is always looking for qualified completed a 49-article Warrant, people to serve on these committees. appropriating over $257 million including Please visit the Moderator page on the $122.5 million for the schools for fiscal Town website: year 2018, approving and authorizing http://www.framinghamma.gov/1517/ capital budget items (including the Athenaeum project), public works Moderator projects, street acceptances, an increase for the Senior Tax Exemption, a PILOT Our representative Town Meeting is for solar installations, a solar electricity net comprised of 216 potential Town Meeting meter agreement, a bylaw banning certain Members (TMMs), 12 elected from each plastic bags (citizen petition), as well as of 18 precincts serving staggered 3-year 238 Town of Framingham2016 Annual Town Report taking up several citizen petition articles, goals. The Moderator continues outreach and general bylaw and zoning articles. to the public (offering to meet with anyone who might interested in becoming In between the Annual and Special Town Meetings, two Specials were called. The begin), to offer Town Meeting first proposed an article to expand Orientation programs and Warrant Transfer of Development Rights (TDR). Review Sessions with Town Mgr Bob The second Special proposed an article to Halpin and CFO Mary Ellen Kelly before purchase the Millwood Golf Course each Town Meeting. The public is invited property. After presentation and debate, to these sessions and can also view the the TDR proposal was referred back and recordings on the town website and on the Millwood proposal failed but included Government Access TV at certain concessions to keep part of the parcel as scheduled times. open land. A third STM, held prior to the Fall meeting to come to a settlement with All Town Meetings are recorded and the Boys and Girls Club, being displaced available for streaming at by the closing of the Danforth Building. www.framinghamtv.com The 46-article Fall Special Town Meeting The Town Meeting Awareness group to accepted streets, approved budget inform and educate citizens about Town adjustments, funds for the Loring Arena Meeting continued to be active through Renovation project and Fuller Middles the summer. Dhruba Sen, William School feasibility study, approved several LaBarge, Bob Cushing, and Lisa zoning articles but referred back articles relating to Mixed Used Districts, repealed Framingham Green Concerts. Dan Rao, the bylaw for Town Meeting to advise on Bernice Strom and Judith Grove joined us the tax levy for the next fiscal year, at Metro Fest. We continued Zoning Bylaw recodification, considered several bylaw changes with Prepared Town Meeting Members are the mixed results. Town Meeting also passed best expediters of Town Meeting. When three articles aimed at improving Town everyone does the homework, we can Meeting: quorum change, conflict of limit discussion and debate. Standing interest bylaw for Town Meeting and Committee members who work so reduction of TMM from 12 to 9 over a diligently and put in so many hours for three-year period. Framingham are much appreciated. For more information on all articles, see Special thanks to Bernice Strom, the individual reports and the Town information table manager, to the Meeting Journal included in this Town attendance checkers and distributors of Annual Report. All warrants, including the electronic devices and William motions and background material, article LaBarge. status and electronic votes are posted on the town website in the same folder with It is a pleasure working with the the corresponding warrant. moderator-appointed committees who contribute so much time as well as our In addition to making Town Meetings Town Manager, Town Clerk and Town more efficient, educating and Counsel & their staffs and associates. communicating with the public are key Special commendations to Cherry Baram 239 Town of Framingham2016 Annual Town Report who continues her stellar job of compiling The committee met with the Park and the warrant with motions and background Rec. Dept. and voted to support their material and getting the material out to programs including funds for the Skate Town Meeting. Park. Thanks also to the Board of Selectmen, Special thanks to our Town Meeting CFO, Building Services, Tech Services, Members: Andrea Colten, Jean Baldwin, and Media Services and Jeff Horan Harold J. Moran, Patrick A. Callahan, (electronic voting administrator from Deborah Butler, Steven C. Malchman, OTI), all of whom are indispensable in the Clerk, Philip R. Ottaviani, Jr, Robert D. production and process of Town Meeting. Cushing, Natasha Ezinma McDowall, Susan Massad, Elsa Aviza, Cynthia Town Meeting decides issues that affect Villanueva, Pat Dunne, Marie Drayton, all citizens of Framingham, including Donald Shea, Vice Chair, Anna Cross, YOU. Town Meeting Members are Bob Cushing, Marelyn Collazo, Janet citizens of Framingham, working to make Sinclair, Rosemary P. Jebari, Stephan our Town a better place. I encourage you James Atwood, and Ronda Andrews. to get involved as a Town Meeting Member or in some other capacity. You will get a great education while serving Respectfully Submitted, your town!! Feel free to contact me! Herb Chasan, Chair Respectfully submitted, 6WDQGLQJ&RPPLWWHHRQ Teri S. Banerjee, Town Moderator (GXFDWLRQ townmoderator@gmail.com The Standing Committee on Education monitors the activities, budgets and Like )UDPLQJKDP7RZQ0RGHUDWRU on related warrant articles pertaining to Facebook Framingham Public Schools, Joseph P. Keefe Technical School and the Follow )UDP0RGHUDWRU on Twitter Framingham Public Library system and Sign up for Town Meeting Notifications meets regularly with representatives of each entity. The Committee met 6 times 6WDQGLQJ&RPPLWWHHRQ in 2016. &RPPXQLW\6HUYLFHV The Committee offered reports to Town The Standing Committee on Community Meeting on the FY2017 operating and Services is responsible for: Parks and capital budgets of the Public Schools, Recreational Dept., Edgell Grove Keefe Tech, and the Public Library, and Cemetery, Community Development recommended favorable action on Article Block Grant Committee, Council on 1 of the Feb. 18 Special Town Meeting Aging, Human Relations Commission, and Articles 15, 17 and 18 of the 2016 Fall Veterans affairs and Fair Housing. Town Meeting concerning the Boys and We met with CDBG and discussed the Girls Club settlement, School budget transfers, and School feasibility study allocation of $500,000 given to the Town by the Federal Government. We voted to funding. support their recommendations including funds for a Hoops and Homework Respectfully submitted, Richard J. Weader II, Chair basketball court. 240 Town of Framingham2016 Annual Town Report 6WDQGLQJ&RPPLWWHHRQ Zoning By-law; and (3) as part of the TDR review, asking that the Town 3ODQQLQJDQG=RQLQJ administration commission a study of the -Laws, positive and negative impacts of potential the Standing Committee on Planning and future land development proposals. Zoning [SCPZ] is responsible for reporting to the Town Meeting on the A partial listing of the other topics activities of the Planning and Economic discussed at SCPZ meetings during 2016 Development Division [now called the Community and Economic Development for how zoning by-law changes are Division], the Zoning Board of Appeals, the Planning Board, the Conservation Historical Districts; reviewing the impacts Commission, the Historical Commission, of increasing the number of apartment the MetroWest Growth Management units in Framingham; reviewing proposed Commission [now called the MetroWest amendments to the sections of the Zoning Regional Collaborative], the Economic By-law relating to Mixed Uses, Historic Development and Industrial Corporation, Reuse, Affordable/Inclusionary Housing, and the Historical District Commission. Approved Permits, Special Permits, Land In addition, the SCPZ is responsible for Disturbances, and Storm Water reporting to Town Meeting on any Management; prohibiting use variances; warrant articles sponsored by or relating increasing the Zoning Board of Appeals to the activities of these entities. from 3 to 5 members; and reviewing the Nobscot and Saxonville village center Except for July and August and during proposals. Town Meeting, the SCPZ meets regularly on the first Monday of the month. Additionally, the SCPZ reported to the Additional meetings are held as needed. 2016 Annual Town Meeting, the 2016 Fall The SCPZ held 8 regular meetings and 6 Town Meeting, and several Special Town special meetings during 2015 with an Meetings concerning planning and zoning average attendance of 10.9 members. In articles. monitor the activities of the various Stephen Shull boards and committees that it is assigned Chairperson, SCPZ to monitor, the SCPZ asks one or two of 6WDQGLQJ&RPPLWWHHRQ to each of these boards and committees. 3XEOLF6DIHW\ the Standing Committee on Public Safety included: (1) continuing to monitor the (SCPS) is responsible for reporting to the -law Town Meeting on the activities of the Recodification Project., which Town Police Division, the Fire Division, the Meeting authorized in 2013; (2) Inspectional Services Division, and the extensively reviewing both the Corporate Health Department, which was added to Mixed Use [CMU] zoning proposal for our jurisdiction during 2016. Moreover, the 9/90 area of the Town, and the the SCPS is responsible for reporting to proposed expansion of the receiving the Town Meeting upon the merits of portions of the Town for Transfer of Warrant Articles relating to those Development Rights [TDR] under the respective units. 241 Town of Framingham2016 Annual Town Report During 2016, the SCPS continually look forward to reviewing the design monitored the progress of the Housing proposal prior to the upcoming Annual Court Expansion legislation in the Town Meeting. Massachusetts General Court. Although the court expansion bill was included in Special thanks to committee members: Joe Norton, Clerk, Marilyn Zimmerman, budget, it was not enacted into law. The Elizabeth Copeland, Janet Leombruno, bill has been filed again in this legislative Lisa Moorehead, Larry Griffin, Keith session and the committee will actively Nelson, Ralph Zazula, Kathie McCarthy, support its passage. Vice Chair, Cynthia Laurora, Don Shay, Tom Fitzpatrick, Randall Cohen, Ronda During a meeting involving the housing Andrews, Joe Fonseca, and Gwenvill court expansion, members of the Francis. Disability Commission informed the SCPS of a serious problem with the Respectfully Submitted, designated handicapped parking spaces Ray Marchand, Chair located on Anzio Road, adjacent to the District Court. Working with the Trial 6WDQGLQJ&RPPLWWHHRQ Court over a period of several months, 3XEOLF:RUNV members of the SCPS were able to convince court officials to allow the public The Standing Committee on Public to utilize the handicapped parking spaces Works (SCPW) advises fellow Town -street parking lot, which Meeting Members on matters involving were formerly restricted to court the Public Works Division and the Capital employees. Projects and Facilities Division. In 2016- 2017, SCPW met with Public Works At the Annual Town Meeting, the before the Annual, Fall and two Special committee supported Warrant Articles Town Meetings to learn and discuss the involving the Plastic Bag Reduction details of the various highway, water and Bylaw, the Disability Commission, and a sewer projects necessary to keep the replacement ladder truck for the Fire Town operating as well as it does. SCPW Department. Several members of the then made informed recommendations to committee examined the ladder truck at Town Meeting on these articles. Station 1, prior to voting to support the purchase. We also observed the This past year, the final phase of operations of the Fire Dispatch Center. recyclables and trash collection was implemented. Public Works no longer At the Fall Special Town Meeting, the contracts out these services; rather it is all done by Town employees. This allows request for forest fighting equipment, collection of recyclables every week including two all-terrain vehicles and a instead of the confusing every-other-week brush truck, as well as the purchase of schedule. Emptying bins with the four extractors and dryers for individual mechanical arms on the trucks provides a fire stations. much safer working environment for collectors. This also saves time and labor, At the end of the year, we began to while providing a significant cost savings discuss the proposal for the construction to the Town. of a new fire station in Saxonville. We 242 Town of Framingham2016 Annual Town Report Over the last several years, residents have discussion and help TM Members make endured many inconveniences associated informed decisions on motions. with reconstruction of our water and sewer infrastructure. While Framingham The Voting Coordinator, Joel Winett, experienced explosive growth from the prepared the roster of Town Meeting Members for the Voting Administrator into how these systems should work on a and also provided the Moderator with a town-wide basis. The existing system was Status file of votes on articles (and budget neglected, leaving century-old pipes in line items) for the Moderator to post on service. Public Works has had to redesign the web; the Rules Committee Members this infrastructure, allowing removal of volunteered to distribute and collect many sewage pumping stations. It has voting keypads; and the Handout Table been a thorough job, and the SCPW Monitor, Bernice Strom, managed the commends Public Works on this huge handout materials for the Moderator. effort. Residents can finally look forward to most of the major inconveniences The electronic voting system was used at winding down after this coming year. In the 9 ATM sessions (for 29 motions and 3 the end, Framingham will have a much procedural votes), at the 7 FTM sessions more reliable and maintainable (for 20 motions and 7 procedural votes), infrastructure. and for the 5 one session STMs (for 10 motions and 1 procedural vote). Thus Of continuing concern is the condition of there were a total of 107 motions and 11 roads within the Town. Like most procedural electronic votes. All counted communities across the country, road votes are posted on the Town website. maintenance is difficult to get ahead of. Public Works does a good job of The Committee sponsored the reporting coordinating road reconstruction with articles for the ATM and FTM which their infrastructure work, commercial requests reports from selected boards, utility work, and state funding. committees and division heads, bylaw changes regarding reconsideration of The next set of challenges that Public warrant articles, a bylaw change regarding Works has begun implementing is the the definition of Standing Committee, and management of storm water. This is a bylaw regarding when minutes of generally very costly, but it is mandated by meetings must be provided. state and federal laws. The final result of this effort, along with the efforts of other Recommendations made to improve communities, is cleaner lakes, ponds and Town Meeting were to (1) vote on the rivers. percent levy increase before the budget article is discussed (note that this bylaw Respectfully submitted, was repealed at the FMT), and (2) request Ed Kross, Chair that written reports requested in the reports articles be bound together. 6WDQGLQJ&RPPLWWHHRQ5XOHV Respectfully Submitted, The goals of the Rules Committee are to Joel Winett, Chair recommend Town Meeting (TM) procedures that will facilitate the 243 Town of Framingham2016 Annual Town Report 6WDQGLQJ&RPPLWWHHRQ:D\VThe tank is beyond its life expectancy and is vital to our water system. Debt service DQG0HDQV on water and sewer infrastructure will As defined in the Town by-laws, The increase 15.9%. At the same time, the Standing Committee on Ways and Means MWRA fees for our water are being (SCW&M) is responsible for making increased 7.4%., reflected in water and recommendations to Town Meeting (TM) sewer rate increases. on warrant articles sponsored by or related to the Finance Committee, the On the savings side of the equation, the Finance Division, the Human Resources department of public works identified Division, the Information Services savings opportunity in bringing solid Division, the Selectmen, the Town Clerk, waste recycling in house. Town Meeting Town Elections, the Legal Department also approved a 20 year term for a the Retirement Board and the Capital contract to purchase solar electricity net Budget and Government Study metering credits. Committees. Town Meeting adopted the proposed In 2016 the SCW&M evaluated and made downtown central business zone and recommendations to town meeting on 43 transit-oriented development zoning, and warrant articles after fully vetting them the SCW&M supported tax incentives for with the sponsors and related boards, two housing developments all in an committees and departments. effort to drive downtown revitalization. The SCW&M supported a fiscal year 2017 Town Meeting also supported the sale of budget increase of 1.75%, the third the Millwood Golf Course for consecutive year of a strategic plan to hold development of 55+ housing and the tax increases below 2.5%. This budget preservation of 30 acres of passive included a significant increase for the recreational public open space. TM and school department. The school the SCW&M continue to support ongoing administration requested an 8% increase appropriations into the capital outlay over fiscal year 2016 attributing it to stabilization fund for municipal buildings. contracts, increased enrollment and a 16% The SCW&M also engaged in discussions increase in English language learner with the government study committee students. Although there have been about proposed changes to town meeting significant increases in chapter 70 funding operations and procedures in an effort to the Town is still $7M underfunded by the reform our legislative body to best serve State. A new school building project is in our constituents. process and $1M was allocated to support a preliminary feasibility study required for Special thanks to 2016 SCW&M members that project which will replace Fuller (by precinct): M. Lamkin (1), H. Geller Middle School and may incorporate K-8. (2, Vice-Chair), N. Fitch (4), K. Comatas (5), Y. Spicer (6), M. Warshaw (7). R. Case Upgrades to our aging water and sewer (8), G. Sheikh (9), D. Sen (10), P. Pleshaw infrastructure continue to safeguard the (11), M. McClennan (12), M. Basilio delivery of clean, safe water to our Shepard (14), J. Grove (15, Clerk) , K. residents while directly impacting water Demarco (16), L. Keith (17), J. Asaya (18). and sewer rates. A $10M capital expense was approved for the replacement of the Respectfully Submitted, 3.5 million gallon Indian Head water tank. Audrey Hall, SCW&M Chairman, Prec. 3 244 2016 TMJ OWN EETING OURNAL VM,TC ALERIE ULVEY OWN LERK LF,ATC ISA ERGUSON SSISTANT OWN LERK 245 A Town of Framingham2016 Annual Town Report F23,2016STM#1 EBRUARY PECIAL OWN EETING A1 RTICLE To see if the Town will vote to appropriate $51,284 of insurance proceeds for reimbursement of costs incurred as a result of the September 3, 2015 lightning strike on the Memorial Building. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer February 23, 2016 Voted: That Town Meeting appropriate $51,284 from the Receipt Reserve for Appropriation of Insurance Proceeds Greater than $20,000 to the Reserve Fund for reimbursement of costs incurred as a result of the September 3, 2015 lightning strike on the Memorial Building. Passed Unanimously A2 RTICLE To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide funds for the purpose of repairing the Main Library. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer February 23, 2016 Voted: That Town Meeting appropriate $340,000 from the Receipt Reserve for Appropriation of Insurance Proceeds Greater than $20,000 to the Library Budget and appropriate $89,782 from the Receipt Reserve for Appropriation of Insurance Proceeds Greater than $20,000 to the Reserve Fund for reimbursement of a portion of the costs incurred to repair damage to the Main Library; and further to appropriate from Free Cash $2,300,000 to the Facilities Management Department for the purpose of continuing repairs to the Main Library. Passed Unanimously A3 RTICLE To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift, eminent domain or otherwise, and to accept a deed to the Town of a fee simple interest in all or a portion of the parcel located at 85 Bethany Road, Framingham, identified on the Framingham Assessors as parcel number 1001590007900010, now owned by the Congregation of the Sisters of Saint Joseph, upon such terms and conditions as the Board of Selectmen shall determine to be appropriate, the land to be used for school purposes, and to be under the management and control of the School Committee and to see if the Town will vote to raise, appropriate, borrow, transfer from available funds, and/or otherwise provide a sum of money for this purpose and for any expenses related thereto. Pass any vote or take any action relative thereto. Sponsor: School Committee February 23, 2016 Voted: That Article 3 be referred back to the Sponsor with the concurrence of the Sponsor. Town Meeting255 Town of Framingham2016 Annual Town Report A4 RTICLE To see if the Town will vote to amend the Framingham Zoning By-Law by deleting Section II.I.7 and adding two new Sections, Section VI.E.6 Modification to an approved Special Permit and Section VI.F.10 Modification to an approved Site Plan Review Permit, as presented in the background information of the of the Winter Special Town Meeting warrant submitted to Winter Special Town Meeting. Pass any vote or take any action relative thereto. Sponsor: Planning Board February 23, 2016 Voted: That Article 4 be referred back to the Sponsor with the concurrence of the Sponsor. A5 RTICLE To see if the Town will vote to amend the Framingham Zoning By-Law by adding two new sections, Section II.A.9.a Corporate Mixed-Use District I (CMU I) and II.A.9.b. Corporate Mixed-Use District II (CMU II); amend the Table of Uses related to include the new CMU I and the CMU II Districts in Section II.B, add a new Section II.J Corporate Mixed-use District, and amend the Dimensional Regulations by adding the new CMU I and CMU II into Section IV.E., as presented in the background information of the of the Winter Special Town Meeting warrant submitted to Winter Special Town Meeting. Pass any vote or take any action relative thereto. Sponsor: Planning Board February 23, 2016 Voted: That Article 5 be referred back to the Sponsor with the concurrence of the Sponsor. A6 RTICLE To see if the Town will vote to amend the Framingham Zoning Map by creating a new Corporate Mixed-Use I and Corporate Mixed-Use II Zoning District, as presented in the background information of the of the Winter Special Town Meeting warrant submitted to Winter Special Town Meeting. Pass any vote or take any action relative thereto. Sponsor: Planning Board February 23, 2016 Voted: That Article 6 be referred back to the Sponsor with the concurrence of the Sponsor. Town Meeting256 Town of Framingham2016 Annual Town Report F23,2016STM#2 EBRUARY PECIAL OWN EETING A1 RTICLE To see if Town Meeting will vote to eliminate CORI checks for veterans who apply for benefits Current Language: FOR EMPLOYMENT, VOLUNTEER, LICENSING AND VETERANS BENEFITS PURPOSES ONLY: The TOWN OF FRAMINGHAM may conduct subsequent CORI checks within one year of the date this Form was signed by me provided, however, that the Town of Framingham must first provide me with written notice of this check. Proposed Language: FOR EMPLOYMENT, VOLUNTEER, AND LICENSING AND VETERANS BENEFITS PURPOSES ONLY: The TOWN OF FRAMINGHAM may conduct subsequent CORI checks within one year of the date this Form was signed by me provided, however, that the Town of Framingham must first provide me with written notice of this check. Sponsor: Citizen Petition () Deborah Butler February 23, 2016 Failed: Record Information (CORI) Acknowledgement F Veterans Benefits and Services with a new form that makes no reference to Commonwealth Chapter 115 A2 RTICLE rmance as the Sponsor: Citizen Petition () Deborah Butler February 23, 2016 Voted as amended: Be it resolved that the Town Meeting vote to express a vote of confidence regarding the performance of the Tow A2-AM/A RTICLE DDITIONAL OTIONSMENDMENTS February 23, 2016 Original motion not voted on due to amendment: Be it resolved that Town Meeting take a no confidence vote regarding the performance of the current Director of Veterans Services and Benefits. Deborah A. Butler, Precinct 7 ___________________________________________________________________________________ February 23, 2016 Passed: Be it resolved that the Town Meeting vote to express a vote of confidence Raymond E. Marchand, Jr., Precinct 14 ___________________________________________________________________________________ 257 Town of Framingham2016 Annual Town Report February 23, 2016 Failed: I move that this article be reconsidered so that Town Meeting can clarify the vote. Joel Winett, Precinct 7 258 Town of Framingham2016 Annual Town Report A26,2016ATM PRIL NNUAL OWN EETING A1 RTICLE To see if the Town will hear a report from the Board of Selectmen for the calendar year preceding this Annual Town Meeting and receive the Annual Report made available to the inhabitants of the Town pursuant to Massachusetts General Laws Chapter 40, Section 49. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen April 27, 2016Voted: That the Town hear a report from the Board of Selectmen for the calendar year preceding this Annual Town Meeting and receive the Annual Report made available to the inhabitants of the Town pursuant to Massachusetts General Laws, Chapter 40, Section 49. Further, after this report is given, that this article be disposed. A2 RTICLE To see if the Town will vote to receive reports from various Departments, Boards, Committees and Commissions listed in this warrant article. Said reports should be in writing and bound together, placed together on the table at Town Meeting for Town Meeting Members, and posted on the Town website. The requested reports are listed below with the reference to a Town bylaw, a Mass. General Law (MGL) or a Town Meeting article (ATM = Annual Town Meeting, STM = Special Town Meeting). 1.Report from the Planning Board on the status of: a)Zoning Bylaw changes approved by Town Meeting and sent to the Attorney General in 2015. (Bylaws Article III Section 1.13.5.b) i)Zoning Bylaw changes (2015 ATM Art. 30) ii)Zoning Bylaw changes (2015 ATM Art. 31) iii)Zoning Map changes (2015 ATM Art. 32) b)The Master Plan, and on plans for development in the Town. (MGL Chapter 41, Section 71 and Bylaws Article III Section 1.13.4) c)Re-Zoning Bylaw (2014 STM Art. 8 Resolution A) 2.Report from the Town Manager on the following: a)Streets that are in use by the public but not yet accepted by the Town as public ways and proposing a plan for these streets to be accepted as public ways. This report shall describe the methodology to insure that new streets are accepted in a timely manner (2013 FTM Resolution by Stephen Shull) b)Status of funds appropriated for open space and conservation lands (2015 ATM Art. 21) 3.Report from the Chief Financial Officer on the following: a)Land acquisition approved at a Town Meeting in 2015 not otherwise reported (Bylaw Article III, Section 1.13.6b) 259 Town of Framingham2016 Annual Town Report b)Use of mitigation funds received during the previous fiscal year and the status of unexpended mitigation funds not otherwise reported (Bylaw Article III, Section 1.13.6c) c)Status of authorized but not completed Capital Budget projects not otherwise reported(Bylaw Article III, Section 1.13.6d) d)Status of special appropriations approved by Town Meeting and not fully expended or not previously reported on. (Bylaw Article III, Section 1.13.2) 4.Report from the Director of Parks and Recreation on the status of special appropriations approved by Town Meeting: a) b)Appropriate funds for the Mary Dennison Park Emergency Environmental Testing & Remediation Project (2014 STM Art. 17) c)Skate Park (2015 ATM Art. 26) d)Loring Arena (2015 ATM Art. 15) 5.Report from the Director of Public Works on the status of special appropriations approved by Town Meeting and not fully expended or not previously reported on including but not restricted to the following (Bylaws Art. III Section 1.13.2): a)Birch Road well project b)New Walnut Street Pumping Station 6.Report from the Town Clerk on the status of bylaw changes approved by Town Meeting and sent to the Attorney General in 2015. (Bylaws Article III Section 1.13.5. a) a)Article VII, Section 5.7.1 - Historic District (2015 ATM Art. 33) b)Article II, Section 23.2 - Disability Commission (2015 ATM Art. 39) c)Article I, Section 1.3 and Article III, Section 3.4 - Government Study Committee (2015 ATM Art. 40) d)Article II, Section 16.3 - Real Property Committee (2015 ATM Art. 41) e)Article I, Section 2.3 - Time of Meetings (2015 ATM Art. 42) f)Article I, Section 5.10 and 5.11 - Executive Session Minutes (2015 ATM Art. 44) g)Article V, Section 1.4.1 - Sampling and Sale of Wine and Beer (2015 ATM Art. 45) h)Article V, Section 1.4.1 - Sampling and Sale of Wine and Beer (2015 FTM Art. 26) i)Article II, Section 7 - Chief Procurement Officer (2015 FTM Art. 27) 7.Reports from the Board of Selectmen on: a)The status of petitions to the legislature approved by Town Meeting in 2015 or before 2015 and not reported as enacted, or in committee, if any. (Bylaws Article III Section 1.13.5. c) i)H3195 - Act relative to managers attending Town Meetings (2014 ATM Article 14) ii)Bill relating to funding for vocational school education (2015 ATM Article 15 Resolution E) iii)H3868 - Fines for failure to relocate or remove utility poles and wires (2015 STM Article 13) iv)H1656 - House Court Department (2015 STM Article 20) v)H3935 - Increase number of members of the Board of Health from 3-5 (2015 STM Article 24) b)Selectmen appointments that will expire on 6/1/2016 - from 20 committees with 76 appointments. (Bylaws Article 1, Section 5.14) 8.Report from the Town Moderator on Moderator appointments - from 6 committees that have 5 vacancies plus 17 appointments that will expire on 6/30/2016. (Bylaws Article 1, Section Town Meeting260 Town of Framingham2016 Annual Town Report 5.14) And after all requested reports from a town official are given this article shall be disposed. Pass any vote or take any action relative thereto. Sponsor: Rules Committee April 26, 2106 Voted: That Town Meeting receive written reports from various departments, boards, committees and commissions listed in this warrant article. A3 RTICLE To see if the Town will vote to authorize the Board of Selectmen to accept and expend funds in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and regulations promulgated thereunder by the U. S. Department of Housing and Urban Development. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen April 26, 2016Voted: That the Board of Selectmen be authorized to accept and expend funds in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and regulations promulgated thereunder by the U.S. Department of Housing and Urban the Board of Selectmen on February 23, 2016. Said projected use of funds is shown on the attached pages as it appears in the warrant book. A3-A RTICLE TTACHMENT RECOMMENDED USES OF FISCAL 2017 CDBG FUNDS 1.0 ADMINISTRATION/PLANNING $106,546.00 * 2.0 HOUSING REHABILITATION $227,103.00 2.1 Housing Rehabilitation $164,103.00 Sponsor: Community and Economic Development 2.2 Code Enforcement $63,000.00 Sponsor: Building & Inspectional Services 2.3 Reprogrammed From FY16 Sign & Façade Funds for Housing Rehab $35,500.00** Sponsor: Framingham Community Development Department 3.0 PUBLIC FACILITIES IMPROVEMENTS $49,920.00 3.1 Butterworth Park Entrance Architectural Barrier Removal $8,000.00 Sponsor: Framingham Parks and Recreation 3.2 Farm Pond Skate Park Construction $31,920.00 Sponsor: Framingham Parks and Recreation 3.3 Basketball Court Construction $10,000.00 Sponsor: Hoops and Homework/Cochituate Homes Cooperative Town Meeting261 Town of Framingham2016 Annual Town Report 4.0 PUBLIC SERVICES $79,909.00 *** 4.1 Literacy Unlimited $11,875.00 Sponsor: Framingham Public Library 4.2 Framingham Adult ESL Plus $20,247.00 Sponsor: Framingham Adult ESL Program 4.3 Community Connections Summer Work Program $24,220.00 Sponsor: Framingham Coalition Community Connections 4.4 Pearl Street Cupboard Café $3,235.00 Sponsor: United Way of Tri County 4.5 Healthy Options for Progress through Education (H.O.P.E.) $8,908.00 Sponsor: Pelham Apartments Residential Services 4.6 Hoops & Homework $4,954.00 Sponsor: Hoops & Homework 4.7 English as a Second Language Classes $3,235.00 Sponsor: Brazilian American Center Adult ESL Program 4.8 Mazie Mentoring Program $3,235.00 Sponsor: Mazie Mentoring Program 5.0 DOWNTOWN IMPROVEMENTS $69,253.00 5.1 South Framingham Main Streets Program $58,000.00 Sponsor: Framingham Downtown Renaissance 5.2 Downtown Commercial Sign & Façade Program $11,253.00 Sponsor: Framingham Downtown Renaissance TOTALS $532,731.00 * Administration: The maximum amount of funds that may be budgeted to Administration is $106,546*, 20% of the sum of the entitlement grant plus estimated program income realized in the program year. ** Reprogrammed funds not reflected in total tally because they are an FY16 expense. The rest of the budget reflects fiscal year 2017 entitlement allocation. The $532,731 does not include these reprogrammed funds. *** Public Services: The maximum amount of funds that may be budgeted to public services is 15% of the sum of the entitlement grant plus program income realized in the prior program year. FISCAL 2017 CDBG PROJECT BACKGROUND 1.0ADMINISTRATION & PLANNING Goal: To administer the CDBG program effectively and equitably and to ensure that all members of the community can participate in or benefit from program activities. 1.1CDBG PROGRAM ADMINISTRATION $106,546 SPONSOR: Framingham Community Development Department Sources of funds: CDBG Entitlement Grant: $106,546 Funds for the administration and planning costs of the CDBG program. No more than 20% of the grant allocation and program income earned can be allocated for administration. Town Meeting262 Town of Framingham2016 Annual Town Report 2.0 HOUSING REHABILITATION Goal: To arrest deterioration in the existing housing stock and to stabilize neighborhoods through ongoing financial and technical housing rehabilitation assistance to property owners. 2.1 HOUSING REHABILITATION ASSISTANCE PROGRAM (HRAP) $164,103 SPONSOR: Framingham Community Development Department Sources of funds: CDBG Entitlement Grant: $106,103 Program Income: $30,000 Project Delivery Costs: $28,000 In Fiscal 2016 HRAP will provide deferred, no-interest loans to repair code violations, improve energy efficiency and enhance ADA-accessibility in 2-4 owner-occupied homes with lower-income owners, and, if possible, 1 to 2 rental units occupied by lower-income tenants. Both CDBG and HOME funds will be used for loan capital. CDBG & HOME funds will be loaned to eligible owners, in any area of Town, to address emergency repair needs, such as heating system and roofing repairs. Rehabilitation funds will be loaned to eligible homeowners and multi-family residences in low-income target neighborhoods to fix housing code violations and to improve exterior appearances. CDBG monies will also pay for the program delivery costs for the CDBG & HOME funded HRAP Program. Included in this amount is housing delivery cost expenses to pay rehabilitation specialist consultant invoices, liens, inspections and associated fees. PERFORMANCE TARGET: 3-6 Dwelling Units; very low, low & moderate-income clientele 2.2 NEIGHBORHOOD STABILIZATION/CODE ENFORCEMENT $63,000 SPONSOR: Framingham Inspectional Services Division Sources of funds: CDBG Entitlement Grant: $63,000 The Town will use CDBG funds to pay for housing inspections in targeted low/moderate-income (LM) neighborhoods. Housing code violations will be required to be corrected by the property owners, in partnership with the Housing Rehabilitation Assistance Program (HRAP) where possible.This program works in  coordination with the Code Enforcement Task Force, an inter-department team who conducts monthly site visits of the neighborhoods to develop solutions and improvements from a holistic, inter-disciplinary approach. PERFORMANCE TARGET: 400 500 inspections in LM areas. Town Meeting263 Town of Framingham2016 Annual Town Report 3.0 PUBLIC IMPROVEMENTS Goals: To improve infrastructure that will prolong the useful life of public facilities; and to remove architectural barriers to improve access to public and private facilities. 3.1 Butterworth Park Entrance Architectural Barrier Removal SPONSOR: Framingham Parks & Recreation Division Sources of funds: CDBG Entitlement Grant: $8,000 The Parks, Recreation & Cultural Affairs Division is proposing removal of an architectural access barrier at Butterworth Park. This public facilities improvement project consists of removing severe accessibility deficiencies along the Grant Street entrance to Butterworth Park. To accomplish this, the project will consist of removal of the current tube gate, replacing it with a formalized accessible entranceway along the current wooden guardrail fencing; readjusting current sidewalk curb cuts to allow the continuation of the sidewalk along Grant Street, placing new curb cuts in this area that will lead pedestrians into the current crosswalk that connects sidewalks along each side of Grant Street to each other, ultimately flowing into a newly formalized accessible entranceways; and returning portions of the sidewalk and entrance way to green space that will give a welcoming feeling to park visitors. PERFORMANCE TARGET: 1 ADA public facility serving LM area. 3.2 Farm Pond Skate Park Construction SPONSOR: Framingham Parks & Recreation Division Sources of funds: CDBG Entitlement Grant: $31,920 The Parks, Recreation & Cultural Affairs Division is proposing the construction of a skatepark at Farm Pond. This public facilities improvement project consists of Meeting, funding was approved for the design and site first skatepark. Along with allocating funds for design, Town Meeting also approved the creation of a Skatepark Advisory Committee (SAC) that was tasked with hiring a design and selecting a final location for a skatepark to be located. PERFORMANCE TARGET: low and moderate income residents. 3.3 Basketball Court Construction SPONSOR: Hoops and Homework/Cochituate Homes Cooperative Sources of funds: CDBG Entitlement Grant: $10,000 Town Meeting264 Town of Framingham2016 Annual Town Report This project proposes to construct a multi-purpose court with two basketball hoops. Hoops and Homework is an organization that ensures children have access to academically enriching activities, helping close the opportunity gap between higher- income and lower-income families. Cochituate Homes Cooperative was developed and operates with fedral housing financing. It receives federal funding from HUD through project based section 8 vouchers, which makes rent affordable to lower income tenants. The initiative is being funded on a conditional basis, providing that the sponsoring agencies fulfill the administrative and legal requirements of carrying out this public improvement project by March 1, 2017. If terms are not met by that date, project funds will be re-programmed for other use. PERFORMANCE TARGET: 100% low- and moderate-income residents. 4.0 PUBLIC SERVICES Goal: To improve the quality of life for low and very low income residents of the Town through the provision of public services. 4.1 LITERACY UNLIMITED PROGRAM$11,875 SPONSOR: Framingham Public Library Sources of funds: CDBG Entitlement Grant: $11,875 Partial funding to continue the work of an adult literacy training program which features trained volunteer tutors who teach basic reading, writing, and computational skills, to illiterate and learning disabled adults on a one-to-one basis and in groups. The range of activities include classroom training of tutors, one-to-one tutoring, tutoring in conversational English to limited English speakers, counseling, job development, General Equivalency Diploma (GED) preparation and materials, and maintenance of student and tutor support networks. CDBG funds support the administrative staff to recruit and train volunteer tutors. The program will evaluate students initially and on an on-going basis, develop a learning plan for each low level literacy student, and provide guidance to tutors as they work with these students. PERFORMANCE TARGET: Up to 200 very low, low & moderate-income clients. 4.2 FRAMINGHAM ADULT ESL PLUS PROJECT$20,247.70 SPONSOR: Framingham Adult ESL Program Sources of funds: CDBG Entitlement Grant: $20,247.70 Partial funding is sought to provide free English-as-a-Second Language classes, training, and development to adult (ages 18 - 85) limited-English speakers to facilitate their integration into the community, prepare them for their GED, Citizenship Preparation classes, the job market, customs, culture and the law. Funds will meet the cost of instructors and counseling support for three full capacity classes of instruction for two semesters operated during the evening hours. PERFORMANCE TARGET: Up to 60 very low, low & moderate-income clients. Town Meeting265 Town of Framingham2016 Annual Town Report 4.3 COMMUNITY CONNECTIONS SUMMER WORK PROGRAM $24,220.00 SPONSOR: Community Connections/Framingham Coalition Sources of funds: CDBG Entitlement Grant: $24,220.00 Funding is being requested to provide a youth summer work program to employ a total of 30 teens (ages 14 to 17) that live in low socioeconomic Framingham neighborhoods. The program will operate during the summer months in which teens will learn responsibility and investment in their community by implementing appropriate landscaping, general clean up, painting, maintenance skills, and teamwork. Because this will be a first job for most, teens will also learn the interview process and how to complete a job application. These sessions are supervised (on-site) by adults who have numerous years of experience working with youth in both school and community settings. The program will involve orientation and participation in enrichment sessions on safety and health issues. PERFORMANCE TARGET: Up to 40 very low, low & moderate-income clients. 4.4 BRACE Adult ESL Program $3,235.00 SPONSOR: Brazilian American Center Sources of funds: CDBG Entitlement Grant: $3,235.00 BRACE requests funds to add four class sessions, employ two part-time teachers and create a financial aid and scholarship program based on need and merit. The Brazilian American Center has the mission of integrating the large immigrant population of the Framingham area into mainstream American culture. Its ESL program has a goal of promoting the English language, as well as customs, traditions and history of the United States. Its programs are aimed at easing the adaptation and integration of the immigrant population into American society, preparing the students for employment interviews, job-related conversation, immigration and naturalization specialized programs and understanding of greater American culture and customs. PERFORMANCE TARGET: 160 low & moderate-income clients. 4.5 H.O.P.E. (HEALTHY OPTIONS FOR PROGRESS THROUGH EDUCATION) $8,908.00 SPONSOR: Pelham II Corporation Sources of funds: CDBG Entitlement Grant: $8,908.00 H.O.P.E. is requesting funding for their on-site community-based program, which is geared toward 14-21 year old youth residing at the Pelham Apartments. H.O.P.E. provides access to computer technology that supports academic success and obtaining better jobs. H.O.P.E. provides one-on-one mentoring, community engagement, healthcare information, and other social services. Monthly field trips to educational, cultural, and scientific institutions will also be organized. The proposed program will be conducted during the evening hours of 5:308:30 p.m. A family night will be offered once per month where student progress will be reported to the parent or legal guardian. The funds will directly pay the part-time bilingual program coordinator, program supplies, Town Meeting266 Town of Framingham2016 Annual Town Report and costs associated with weekly programs and instructions and related materials. PERFORMANCE TARGET: Up to 40 very low, low & moderate-income clients. 4.6 HOOPS & HOMEWORK $4,954.00 SPONSOR: Hoops and Homework Sources of funds: CDBG Entitlement Grant: $4,954.00 Hoops & Homework is requesting funding for an educational and recreational after- school program for school age children located at the Carlson and Pusan Roads Community Rooms. Homework assistance, snack, on-site tutoring and recreational activities will be included. PERFORMANCE TARGET: Up to 50 very low, low & moderate- income clients. 4.7 Mazie Mentoring, Framingham Program $3,235.00 SPONSOR: Mazie Mentoring Sources of funds: CDBG Entitlement Grant: $3,235.00 Mazie requests funds for its mentoring program held at Framingham High School for at- risk teens. The Mazie Mentoring Program has a 17-year history of transforming Framingham high school students identified of being at risk of not graduating and or advancing into higher education. To date Mazie has served 580 personally challenged students from Framingham, who have graduated from its mentoring program goal oriented with exceptional graduation rates and personal achievement outcomes. Performance Target: 77 low and moderate income clients. 4.8 Pearl Street Cupboard and Café $3,235.00 SPONSOR: United Way of Tri County Sources of funds:CDBG Entitlement Grant: $3,235.00 The Pearl Street Cupboard and Café requests funds to provide hunger relief, improve quality of life and connect families and individuals in need to essential services and resources in Framingham. In 2014, the Cupboard served 4,889 unduplicated clients through 18,896 visits. In an average month, it provided groceries to 683 families consisting of 1,044 adults, 646 children and 2019 seniors, totaling 1,899 individuals; 36% of clients were new. The Cupboard provides hot meals two nights each week and serves an average of 1,600 meals each month. PERFORMANCE TARGET: 5,000 low and moderate income clients. 5.0DOWNTOWN IMPROVEMENTS Goal: To improve the quality of life for low and moderate-income people by improving economic conditions for small businesses in the Downtown Commercial Target area that serve local residents. Town Meeting267 Town of Framingham2016 Annual Town Report 5.1 SOUTH FRAMINGHAM MAIN STREETS PROGRAM $58,000.00 SPONSOR: Framingham Downtown Renaissance (F.D.R.) Sources of funds: CDBG Entitlement Grant: $58,000.00 F.D.R. s Commercial Target business district and surrounding residential neighborhoods, where 66% of residents have low or moderate-incomes. Funds will pay for staff who will nomic development by providing marketing or other technical assistance to firms that serve neighborhood residents as well as small businesses owned by low or moderate-income people, hold community events, assist new businesses, and serve as liaison and support during the Downtown redesign and reconstruction project. PERFORMANCE TARGET: Up to 200 small, local businesses that serve clientele from LM areas and eight marketing events. 5.2 DOWNTOWN COMMERCIAL SIGN AND FAÇADE PROGRAM $11,253.00 SPONSOR: Framingham Community Development Department Sources of funds: CDBG Entitlement Grant: $11,253.00 Funding is requested to provide capital for partial rebates to help small businesses located in the Framingham Downtown Commercial District to install new signage and improve building facades. PERFORMANCE TARGET: 3-5 grants to improve storefronts in the Downtown Commercial Target District. CDBG GRAND TOTAL, Fiscal 2017: $511,335 PROPOSED USES OF FISCAL 2017 HOME FUNDS 1.0 Funds Available for Housing Programs and Projects $153,656.00 (First-Time Home Buyers Program, Tenant Base Rental Assistance, Housing Development Projects) Sponsor: Community Development Department 2.0 Home Program Administration $15,365.00 Sponsor: Community Development Department 3.0 CHDO Development Set-aside $32,926.00 4.0 CHDO Operations Set-aside $10,975.00 TOTALS: $212,922 Town Meeting268 Town of Framingham2016 Annual Town Report FY16 Reprogrammed Funding CDBG $21,000 in wayfinding and commercial sign and façade program funds to housing rehab in FY17 $14,500 in transfers from computer supplies, maintenance, consultant and postage line items to rehab HOME Option 1: $50,000 in FY15 funds allocated to Tribune Apartments $129,022.89 in outstanding program income to Tribune Apartments Option 2: $157,141.82 of FY16 allocation to Framingham Housing Authority for purchase, rehabilitation and resell of blighted homes as affordable housing. Option 3: secure funding from other sources to move ahead with allocations, its $179,022.89 portion will be transferred to FHA for housing rehabilitation projects. A3-AM/A RTICLE DDITIONAL OTIONSMENDMENTS April 26, 2016 Passed: I move that $10,000 of CDBG funds be removed from Basketball Construction and added to Farm Pond Skate Park Construction, bringing the skate park total to $41,920. Harold Geller, Precinct 2 Standing Committee of Ways and Means Chair ___________________________________________________________________________________ April 26, 2016 Failed: I move that the Town deny funding to all Adult English as a Second Language (ESL) programs being subsidized by HUD CDBG money, which is specified in section 4.0 Public services of the CDBG budget request for their lack of oversight and verification of who can legally partake of their programs. The money from the reclaimed 35,357.00 is to be divided up equally and sent to the remaining programs in section 4.0. That would be an extra 7071.40 for each of the remaining programs five programs. 4.3Framingham Coalition Community Connections 4.4 Pearl Street Cupboard 4.5 Healthy Options 4.6 Hoops and Homework 4.8 Maize Mentoring 2)Furthermore, we Framingham Town Meeting Members also require that the legal status of any and all participants in said Adult ESL programs be verified as to their Framingham residency and their legal immigration status before any funds in the future are to be allocated to any of the Framingham Adult School or Town sponsored ESL programs. Since this procedure has not been accomplished in the past, the participants of undetermined status have failed to meet the requirements for this funding. I propose that they and and all other town sponsored Adult ESL programs be denied receipt of said funds for the rest of 2016 and 2017 and then indefinitely, if residency and legal immigration status is not met and Town Meeting269 Town of Framingham2016 Annual Town Report verified from a bonafide govt. based program and that these most-needed funds be reallocated to other much-needed programs in town. Jim Rizoli, Precinct 14 A4 RTICLE To see if the town will vote to authorize payments of unpaid bills of prior years of the Town to be paid from the Fiscal Year 2016 departmental budgets in which they were incurred. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer April 26, 2016 Voted: That Town Meeting authorize payment of the following unpaid bills of prior years of the Town. These bills are to be paid from the FY2016 departmental budget in which they were incurred. Department of Public Works Yourmembership.com $165.00 Department of Public Works Yourmembership.com $165.00 School Department Coach Brian Donahue $56.00 School Department Coach Robert Wilson $56.00 School Department Coach Scott Kirby $112.00 School Department MASBO, Inc. $29.00 School Department Employment Practices Group $15,867.50 125 voting in favor, 2 opposed, 0 abstentions. A5 RTICLE To see if the Town will vote to authorize or re-authorize several revolving funds as defined by General Laws Chapter 44, Section 53 E ½ for Fiscal Year 2017 beginning July 1, 2016. Sponsor: Chief Financial Officer April 26, 2016 Voted: That Town Meeting authorize or re-authorize several revolving funds as defined by MGL, Ch. 44, Section 53E ½ for FY17 beginning July 1, 2016, including, but not limited to the following: FundManagerPurposeFY17 Spending Disposition Ceilingof FY16 Fund Balance Town Meeting270 Town of Framingham2016 Annual Town Report Town Owned Facilities To receive funds from rental fees and other $90,000 Balance Building/Civic Management similar charges for the use of the Danforth and available for Use Fund -Department of the Memorial Buildings and to authorize the expenditure Danforth and General Facilities Management Department to spend Memorial Government these funds for direct expenses associated with BuildingsDivisionthe general maintenance of these buildings such as custodial costs, utilities, maintenance supplies and other similar expenses. Town Owned Facilities To receive funds from rental fees and other $20,000 Balance Building/Civic Management similar charges for the use of Cushing Chapel available for Use Fund -Department of the and to authorize the Facilities Management expenditure Cushing General Department to spend these funds for direct ChapelGovernment expenses associated with the general Divisionmaintenance of these buildings such ascustodial costs, utilities, maintenance supplies and other similar expenses. Concerts on Park and To receive funds from the sale of food and other $4,000 Balance the CommonRecreation similar charges during Concerts on the Common available for Department of the and to authorize the Park and Recreation expenditure Park and Department to spend these funds for direct Recreation expenses associated with the sale of food and Divisionother concert-related charges such as staff costs, utilities, maintenance supplies and other similar expenses. School Bus Framingham To receive and spend funds for direct expenses $380,000 Balance FeesSchool Committee associated with the transportation of students to available for of theSchool and from school.expenditure Department Town Wetland Conservation To receive fees and spend funds to pay for $28,000 Balance Protection Commission of the services associated with processing Permits and available for Fund Public Works Requests for Determination.expenditure Division Excavation Public Works To account for revenue from fees collected for $85,000 Balance Management DivisionStreet Opening Permits and the Excavation available for Fund Management program for the administrative and expenditure operational costs associated with the management of this program. Housing Pre-Department of To use funds secured from rental inspections, $50,000 Balance Inspection Public Healthhousing application fees and re-inspection fees available for Program Fundfor the implementation of the housing pre-expenditure inspection program. The funds will be used for rental costs, salaries for administrative and field staff, printing costs, and the purchase of supplies and equipment. Town Meeting271 Town of Framingham2016 Annual Town Report Vaccine Department of To use funds secured from reimbursements for $27,000 Balance AdministrationPublic Healthvaccine administration to citizens. The funds available for Fundwill be used to buy additional vaccines and expenditure supplies to expand the program including but not limited to the purchase of flu vaccine for town employees. Fluorescent Public Works To use revenue secured from fees collected for $5,000 Balance Lamp/Mercury Divisionthe disposal of Fluorescent lamps, compact available for Recyclingfluorescents and other mercury containing items expenditure like thermometers, thermostats and button-cell batteries to offset the costs of disposal. Town Town Clerk of the To use funds secured from vital records charges $80,000 Balance Records Elected Boards to preserve deteriorating records of the Town of available for PreservationDivisionFramingham. A specific charge of $2 per record expenditure is collected and will be deposited in this fund to be used for any costs related to record preservation. Callahan Council on Aging To use fees and revenues received from building $40,000 Balance Senior Center of the Parks rental, programming, and general services. The available for FundDivisionfunds will be expended to cover associated costs expenditure and expenses of those services and for the advancem mission statement. Emergency Framingham To collect and expend fees assessed to NERAC $15,000 Balance Management Emergency (Northeast Regional Advisory Council for available for Equipment Management Homeland Security) communities for the use of expenditure FundAgency of the centrally housed equipment for emergent Police Divisionsituations and provide upkeep and maintenance on the equipment in the cache. Animal Animal Control To use fees collected from boarding and kennel $4,500 Balance Control FundDepartment of the rentals for the purpose of offsetting kennel available for Police Divisionoperating costs. expenditure Blighted Building To account for revenue from fees generated by $10,000 Balance Property FundInspection the foreclosed property registration bylaw and available for Department of the municipal lien bylaw. Expenditures may be expenditure Inspectional made for the administrative and operational Services Divisioncosts associated with making distressed properties safe by demolishing, boarding-up, cleaning up, or securing from unauthorized intruders. Town Meeting272 Town of Framingham2016 Annual Town Report Cochituate Public Works To receive funds from abutters of the Cochituate $6,000 Balance Rail Trail DivisionRail Trail to be used for operating costs of available for Fundmaintenance and upkeep of the Cochituate Rail expenditure Trail. Public Health Department of To receive fees and spend funds to pay for 10,000 Education & Public Healthservices associated with providing public health Training Fundeducation and training courses and any related expenses. A6 RTICLE To see if the Town will vote to determine what sum or sums of money the Town will appropriate and raise, or transfer from available funds, for the operations of the Town of Framingham, including debt and interest for Fiscal Year 2016 (July 1, 2015 June 30, 2016) and to see what budgets for Fiscal Year 2016 will be reduced to offset said appropriations. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer April 26, 2016 Voted: That the following FY2016 budget adjustments be made: TransferToFrom Town Clerk Stipend Adjustment for FY16$2,848 Elections Operating Police Details$2,848 Retirement Medicare/FICA$150,000 Miscellaneous/Unclassified -Unemployment$150,000 TOTAL$152,848$152,848 A7 RTICLE To see if the Town will vote to determine what sum or sums of money the Town will appropriate and raise, or transfer from available funds, for the operations of the Sewer Department, including debt and interest for Fiscal Year 2016 (July 1, 2015 June 30, 2016) and to see what budgets for Fiscal Year 2016 will be reduced to offset said appropriations. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer April 26, 2016Voted: That Article 7 be withdrawn with concurrence of the Sponsor. Town Meeting273 Town of Framingham2016 Annual Town Report A8 RTICLE To see if the Town will vote to determine what sum or sums of money the Town will appropriate and raise, or transfer from available funds, for the operations of the Water Department, including debt and interest for Fiscal Year 2016 (July 1, 2015 June 30, 2016) and to see what budgets for Fiscal Year 2016 will be reduced to offset said appropriations. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer April 26, 2016 Voted: That Article 8 be withdrawn with concurrence of the Sponsor. A9 RTICLE To see if the Town will vote to appropriate a sum or sums of money for off-site mitigation improvements or as otherwise agreed upon by the Town of Framingham Planning Board and Project Applicant(s) pursuant to recorded Planning Board decision(s) to be managed by the Town Manager or designee in consultation with the Planning Board and consistent with said decision(s). Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer April 26, 2016Voted: That Article 9 be withdrawn with concurrence of the Sponsor. A10 RTICLE To see if the Town will vote to rescind various authorized, but unissued borrowing votes of the Town. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer April 26, 2016Voted: That the following various authorized, but unissued borrowing votes of the Town be rescinded: TOWN AMOUNT TO BE MEETINGPROJECT #ARTICLERESCINDED May 201332306A18E Protective Clothing Replacement -Fire$56 May 201332313A18L Cushing Park Phase 5 -Parks$400,000 May 201332321A18T Sidewalk Tractor #463 Public Works$6,100 May 201332356A20B Trailer Generators Sewer Dept.$4,880 May 201432403A16C Pick-up Signal Division Fire $558 May 201432408A16H F350 4x4 Crew Cab Pickup Truck -Parks$1,955 Town Meeting274 Town of Framingham2016 Annual Town Report May 201432409A16I F350 4x4 Regular Cab Pickup Truck -Parks$1,760 May 201432419A16S Mounted Snow Blower #451A Public Works$20 May 201432440A16AN Rack Truck w/ Lift Gate School $122 May 201432442A16AP Utility Body Truck -School$37 May 201432449A17A 11K Service Body Truck #614 Water Dept.$313 May 201432451A17C11K Service Body Truck #601 -Water Dept. $313 May 201432452A17D Mini Excavator #650 Water Dept. $200 May 201432462A18A 11K Service Body Truck #772 Sewer Dept. $760 May 201432463A18B 60K Flusher Truck #740 Sewer Dept. $1,966 A11 RTICLE To see if the Town will vote to fund any collective bargaining agreements that have been settled, and adopt any necessary changes to the Compensation Schedules. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer / Human Resources April 26, 2016 Voted: That the Town approve the collective bargaining agreement that has been settled with the Framingham Police Union effective FY2016 and the corresponding Salary Schedules as attached. A11-A RTICLE TTACHMENT  -XO\-XQH Effective COLA 1.5% Step GradeStep 1Step 2Step 3Step 4Step 5Step 6Step 7Step 8Step 9 10 POLI48,53052,25153,85455,45156,86358,28159,45060,64061,85263,088 A12 RTICLE To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide $131,500 to fund the economic development activities of the Framingham Economic Development Industrial Corporation (EDIC). Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer Town Meeting275 Town of Framingham2016 Annual Town Report April 26, 2016 Voted as amended: That the Town raise and appropriate, transfer from available funds or otherwise provide $96,500 to fund the economic development activities of the Framingham Economic Development Industrial Corporation (EDIC). A12-AM/A RTICLE DDITIONAL OTIONSMENDMENTS April 26, 2016 Original motion not voted on due to passed amendment: I move that Town Meeting vote to raise and appropriate, transfer from available funds or otherwise provide $131,500 to fund the economic development activities of the Framingham Economic Development Industrial Corporation (EDIC). Mary Ellen Kelley, Chief Financial Officer ___________________________________________________________________________________ April 26, 2016 Passed: I move that the appropriation of $131,500 be reduced by the amount of $35,000 requested for Mt. Wayte, resulting in a revised appropriation of $96,500. Harold Geller, Precinct 2 Standing Committee on Ways and Means Chair A13 RTICLE To see if the Town will vote to authorize the Board of Selectmen to enter into a five year lease for the purpose of technology upgrades and improvements. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer April 27, 2016Voted: That the Selectmen be authorized to enter into a five year lease for the purpose of procuring Town technology upgrades and improvements and to appropriate $250,000 to fund year one of the lease. A14 RTICLE To see if the Town will vote to approve the merger of the Water & Sewer Enterprise Funds into a single Utility Enterprise Fund. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer April 26, 2016Voted: That Town Meeting amend its vote of May 20, 1993, accepting the effective July 1, 2016. A15 RTICLE To see if the Town will vote to raise and appropriate, transfer from available funds, borrow or otherwise provide a sum or sums of money for various capital projects including purchase of Town Meeting276 Town of Framingham2016 Annual Town Report equipment, purchase of land, repair, rehabilitation, design or construction of buildings and infrastructure, including any related engineering, personnel and legal services, and the acquisition of any necessary permanent and/or temporary easements or other interests in land for said projects. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer May 11, 2016 Voted as amended: That the Town raise and appropriate, transfer from available funds or borrow the sum of $12,444,608 for the projects listed below, to be spent under the direction of the Town Manager or his designee, with the exception of items proposed by the School Department, which will be spent under the direction of the School Superintendent or his designee, and further, that the Town Manager or School Superintendent shall be allowed to exceed the appropriation for individual capital projects to be spent under his direction as long as the total amount to be spent does not exceed the total amount appropriated and that such adjustments are in compliance with MGL, Chapter 44 for the purpose of the design and construction, including any related engineering, personnel and legal services; Passed with a A15AFire Station 5 Facilities Management$555,2922/3 vote Passed with a A15BPolice Headquarters Facilities Management$413,7492/3 vote Memorial Building Exterior/Roof/Code Compliance Passed with a A15CDesignFacilities Management$482,0002/3 vote Passed with a A15DCruiser Laptop/Keystone CapitalPolice$325,6872/3 vote Passed with a A15EReplace Platform 1Fire$1,203,7152/3 vote Annual Drainage System & Water Quality Passed with a A15FImprovements DWP -Engineering$250,0002/3 vote Passed with a A15GMain Street Retaining WallDWP -Engineering$320,0002/3 vote Passed with a A15HSaxonville Levee Improvements 2017DWP -Engineering$65,0002/3 vote Replacement 15,000 GVW 4WD Cab and Chassis w/ Passed with a A15IDump Body & Plow #413DPW -Highway $80,5502/3 vote Passed with a A15JReplacement Sidewalk Tractor Tracked #460DPW -Highway $176,6412/3 vote Replacement 10,000 GVW 4WD Cab and Chassis w/ Passed with a A15KUtility Body & Plow # 405DPW -Highway $49,2332/3 vote Passed with a A15LAnnual Roadway ImprovementsDPW -Highway $4,200,0002/3 vote Replacement 15,000 GVW 4WD Cab and Chassis w/ Passed with a A15MDump Body & Plow #412DPW -Highway $80,5502/3 vote Replacement 10,000 GVW 4WD Pick-Up Truck w/ Passed with a A15NPlow #502DPW -Sanitation$49,2332/3 vote Replacement 10,000 GVW 4WD Pick-Up Truck with Passed with a A15OPlow #51DPW -Sanitation$49,2332/3 vote Town Meeting277 Town of Framingham2016 Annual Town Report Cemetery Tomb Repairs Phase 2 -Old South Burial Passed with a A15PGroundsCemeteries$95,9252/3 vote Passed with a A15QBowditch Track RefurbishmentPark & Recreation$112,2002/3 vote Passed with a A15RF550 4x4 Crew Cab Dump 18,000 GVWPark & Recreation$75,6002/3 vote Passed with a A15SF550 4x4 Trash CompactorPark & Recreation$103,0002/3 vote $400,000 amended on 5/10/16 toPassed with a A15TSkate Park ConstructionPark & Recreation$500,0002/3 vote Passed with a A15UStructural Shoring at FullerSchool Department$100,0002/3 vote B & G Truck-Vehicle Replacement-Buildings & Passed with a A15VGrounds DepartmentSchool Department$40,0002/3 vote Cube Truck Vehicle Replacement -Food Services Passed with a A15WDepartmentSchool Department$50,0002/3 vote Clock System MEPS-All Schools-Multiple Systems-Passed with a A15XPhased Project FY17School Department$50,0002/3 vote Passed with a A15YTechnology Upgrades Throughout the District -FY17School Department$1,000,0002/3 vote Asbestos Abatement-Replace Floor Tiles, Ceiling Passed with a A15ZTiles, Pipe Insulation-King SchoolSchool Department$225,0002/3 vote Passed with a A15AAFire Alarm Upgrades -King SchoolsSchool Department$115,0002/3 vote Paving Replacement/Storm Water/Field and Site Passed with a A15ABWork -Stapleton FY17School Department$1,400,0002/3 vote Passed with a A15ACHVAC -Design OnlySchool Department$90,0002/3 vote Passed with a A15ADArchived Document Scanning Phase VTechnology Services$187,0002/3 vote And, that Project A15AD Archived Document Scanning Phase V be funded from free cash; And further, that the Board of Selectmen be authorized to acquire by gift, purchase or eminent domain, permanent easements and temporary construction easements or other interests in land for said projects, and further, that the Board of Selectmen be authorized to take all actions necessary to carry out the purposes of this article. And, provided that the total appropriation in item number A15T be for Design and Construction of a Skatepark at Farm Pond Park, on dedicated park land as identified by MGL, c. 45, s. 14, under the care and control of the Park Commission, and that the Parks Commission be authorized to seek any reimburse and Renovations for Communities (PARC) grant program or any other applicable state agency or program for costs associated with said amount and to file on behalf of the Town and all applications and to enter into any contracts necessary thereto, and that should any additional funds become available in connection with this project, including, but not limited to, mitigation, grant funds, and Town Meeting278 Town of Framingham2016 Annual Town Report private donations, said sums shall be used to offset and/or defray the amounts to be borrowed to finance this project. And, further, that the Treasurer be authorized, with the approval of the Board of Selectmen, to issue from time to time bonds or notes in the amount of $12,257,608 pursuant to the provisions of MGL, Chapter 44, Section 7 and 8 or any other enabling authority. 109 voting in favor, 6 opposed, 0 abstentions. A15AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 11, 2016 Failed: (Reconsideration) I move to refer 15C back to Sponsor. a.The report of select committee said to demolish building new info. not disclosed b.Confusion among T members about referring back Gloria Geller, Precinct 2 _______________________________________________________________________________ May 10, 2016 Passed: I move to amend Article 15T of the General Fund Capital Budget for Skatepark Construction from $400,000 to $500,000. Judith Grove, Precinct 15 A16 RTICLE To see if the Town will vote to raise and appropriate, transfer from available funds, borrow or otherwise provide a sum or sums of money for various water/sewer department capital projects including purchase of equipment, purchase of land, repair, rehabilitation, design or construction of buildings and infrastructure, including any related engineering, personnel and legal services, and the acquisition of any necessary permanent and/or temporary easements or other interests in land for said projects. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer April 27, 2016 Voted: That the Town raise and appropriate, transfer from available funds, or borrow the sum of $16,521,180 for the projects listed below, to be spent under the direction of the Town Manager or his designee, and further, that the Town Manager shall be allowed to exceed to appropriation for individual capital projects to be spent under his direction as long as the total amount to be spent does not exceed the total amount appropriated and that such adjustments are in compliance with MGL, Chapter 44, for the purpose of design and construction, including any related engineering, personnel and legal services of the following Water and Sewer Department projects: A16AReplacement 10,000 GVW Chassis w/Utility Body and Plow #722Sewer $58,235 Replacement 15,000 GVW 4WD Cab and Chassis with Dump Body and Plow A16B#726Sewer $80,550 A16CReplacement 40,000 GVW Cab & Chassis w/Dump Body & Plow #733Sewer $191,225 Town Meeting279 Town of Framingham2016 Annual Town Report A16DReplacement 35,000 GVW Cab and Chassis with Construction Body#744Sewer $209,900 A16EWater Meter Replacement Phase IISewer $502,000 A16FAnnual Various Sewer Improvements Project -2017Sewer $300,000 A16GWastewater Pump Station Capital Equipment Replacement -2017Sewer $400,000 A16HFountain Street Sewer Improvements -Phase I (Design)Sewer $400,000 A16ISewer System Evaluation Survey Defects Repairs -Phase 1Sewer $2,100,000 A16JReplacement 40,000 GVW Cab and Chassis with Dump Body & Plow #630Water $210,800 A16KReplacement 11,000 GVW Cab andChassis with Utility Body & Plow #616Water $58,235 Replacement 11,000 GVW 4 WD Cab and Chassis with Service Body and Plow A16L#618Water $58,235 A16MWater Meter Replacement Phase IIWater $502,000 A16NAnnual Various Hydrant and Valve Improvements Project -2017Water $200,000 A16OAnnual Various Water Improvements Project -2017Water $300,000 A16PIndian Head Water Tank Replacement -ConstructionWater $9,980,000 A16QWater Master Plan UpdateWater $420,000 A16RFountain Street Water Improvements -Phase IWater $550,000 And further, that the Board of Selectmen be authorized to acquire by gift, purchase, or eminent domain, permanent easements and temporary construction easements or other interests in land for said projects, and further, that the Board of Selectmen be authorized to take all actions necessary to carry out the purposes of this article; and further, that the Treasurer is authorized, with the approval of the Board of Selectmen, to issue from time to time, bonds or notes in the amount of $16,521,180 pursuant to the provisions of MGL, Chapter 44, Section 7 and 8 or any other enabling authority. Passed with a 2/3 vote. A17 RTICLE To see if the Town will vote to act on reports and recommendations of the Selectmen and other officers and committees of the Town and Boards of Trustees and to raise and appropriate, transfer from available funds, or otherwise provide a sum or sums of money for the support of the operations of the Town, for a Reserve Fund, for any other purposes included in said reports, for the payment of notes and bonds of the Town, if any, which mature before the next annual meeting, for the payment Town Meeting280 Town of Framingham2016 Annual Town Report of pensions and for all other necessary expenses of the Town for the Fiscal Year 2017 (July 1, 2016 June 30, 2017). Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer May 5, 2016 Voted as amended: That the Town hear and act on reports and recommendations of the Selectmen and other officers and committees of the Town and Boards of Trustees, and raise and appropriate, transfer from available funds, or otherwise provide a sum or sums of money for the support of the operations of the Town, for a Reserve Fund, for any other purposes included in said reports, for the payment of notes and bonds of the Town, if any, which mature before the next annual meeting, for the payment of pensions and for all other necessary expenses of the Town for the Fiscal Year 2017 (July 1, 2016 June 30, 2017). Unclassified Appropriation$35,790,940 Retirement Appropriation$13,733,833 Debt Service Appropriation$13,839,340 Fire Division$14,213,880 Police Division$14,367,168 Public Works Division$10,647,150 Framingham Public Library$3,068,210 Planning Board$228,374 Town Clerk Stipend$97,033 Town Clerk/Elections Division$461,856 General Government Division$3,692,030 Parks & Recreation/Cultural Affairs Division$3,821,492 Finance Division$2,402,170 Public Health Division$1,122,466 Inspectional Services Division$1,189,860 Community & Economic Development Division$515,024 Technology Services Division$2,080,807 Human Resources Division$1,105,972 $120,731.231 amended on 5/3/16 to Framingham Public Schools$122,550,690 $9,209,446 amended on 5/3/16 to Keefe Technical Assessment$8,997,424 $271,236 5/4/1691 voting in favor, 7 opposed, 0 Stabilization Fundabstentions $991,948 5/5/16 103 voting in favor, 2 opposed, 0 Capital Stabilization Fundabstentions Reserve Fund$400,000 Town Meeting281 Town of Framingham2016 Annual Town Report Snow & Ice Appropriation$1,645,397 Total Town Meeting Appropriation$257,234,300 And to meet said appropriations, the Town approves the following to support the budget: Transfer from Free Cash$5,514,893 Transfer from Parking Meter Receipts$50,000 Transfer from Utility Enterprise Fund$3,071,894 Transfer from Consumer and Merchant Protection Act Funds$15,000 Transfer from PEG Access & Cable Related Fund$741,216 Transfer from Overlay Surplus$700,000 And the balance to be raised from taxation. 113 voting in favor, 7 opposed, 6 abstentions. A17AM/A RTICLE DDITIONAL OTIONSMENDMENTS April 28, 2016 Failed: I move that Town Meeting vote to strike the 1.75% tax levy column and replace it with 1.25% tax levy column. Deborah Butler, Precinct 7 ___________________________________________________________________________________ April 28, 2016 Passed: I move that Town Meeting vote to use the 1.75% Levy Increase Recommended Budget as the reference budget and motion for voting the FY17 General Fund Budget for Article 17 of the 2016 Annual Town Meeting. Mary Ellen Kelley, Chief Financial Officer ___________________________________________________________________________________ April 28, 2016 Failed: I move that Town Meeting vote to approve the $14,208,205 for the Fire Department. Deborah Butler, Precinct 7 ___________________________________________________________________________________ April 28, 2016 Failed: I move that Town Meeting vote to approve the $13,989,719 line item for the Police Department. Deborah Butler, Precinct 7 ___________________________________________________________________________________ April 28, 2016 Failed: I move that Town Meeting vote to approve the $502,840 line item for the streetlights budget. Town Meeting282 Town of Framingham2016 Annual Town Report Deborah Butler, Precinct 7 ___________________________________________________________________________________ April 28, 2016 Failed: I move that Town Meeting vote to approve the $3,684,543 line item for the Highway Department. Deborah Butler, Precinct 7 ___________________________________________________________________________________ April 28, 2016 Failed: I move that Town Meeting vote to approve the $208,044 line item for the Conservation Commission. Deborah Butler, Precinct 7 __________________________________________________________________________________ April 28, 2016 Failed: I move that Town Meeting vote to approve the $941,963 line item for the Engineering budget. Deborah Butler, Precinct 7 ___________________________________________________________________________________ April 28, 2016 Failed: I move that Town Meeting vote to approve the $3,319,098 line item for the Sanitation budget. Deborah Butler, Precinct 7 ___________________________________________________________________________________ April 28, 2016 Failed: I move that Town Meeting vote to approve the $1,150,108 line item for the Fleet Facilities and Communications budget. Deborah Butler, Precinct 7 ___________________________________________________________________________________ April 28, 2016 Failed: I move that Town Meeting vote to approve the $2,210,444 line item for the Facilities Management budget. Deborah Butler, Precinct 7 _________________________________________________________________________________ May 3, 2016 Failed: On behalf of the Standing Committee on Education, I move to amend the line Framingham School Department to $124,950,690. Richard Weader, II, Precinct 4 _________________________________________________________________________________ May 3, 2016 Passed: I move to amend the line Framingham School Department to $122,550,690. Richard Weader, II, Precinct 4 _________________________________________________________________________________ Town Meeting283 Town of Framingham2016 Annual Town Report May 3, 2016 Passed: On behalf of the Standing Committee on Education, I move to amend the line Keefe/Voke Technical Assessment to $8,997,424. Richard Weader, II, Precinct 4 _________________________________________________________________________________ May 4, 2016 Failed: I move that Town Meeting vote to approve the $2,810,496 line item for the Parks and Recreation budget. Deborah Butler, Precinct 7 _________________________________________________________________________________ May 4, 2016 Failed: I move that Town Meeting vote to approve the $529,653 line item for the Loring Arena budget. Deborah Butler, Precinct 7 _________________________________________________________________________________ May 4, 2016 Failed: I move that Town Meeting vote to approve the $671,845 line item for the Assessing budget. Deborah Butler, Precinct 7 _________________________________________________________________________________ May 4, 2016 Failed: I move to not add another full time employee to Media Services. Jim Pillsbury, Precinct 6 _________________________________________________________________________________ May 4, 2016: Failed: I move that Town Meeting vote to approve the $1,644,615 line item for the Technology Services budget. Deborah Butler, Precinct 7 ______________________________________________________________________________ May 4, 2016 Failed: I move that Town Meeting vote to approve the $553,764 line item for the Veterans Services budget. Deborah Butler, Precinct 7 ___________________________________________________________________________________ May 4, 2016 Failed: I move that the Stabilization Fund of $271,236 as recommended by the CFO 1.75 Levy budget be changed to $0. Richard Baritz, Precinct 17 _________________________________________________________________________________ Town Meeting284 Town of Framingham2016 Annual Town Report May 5, 2016 Failed: I move that the Capital Stabilization Fund of $991,948 as recommended by the CFO 1.75 Levy budget be changed to $0. Richard Baritz, Precinct 17 _________________________________________________________________________________ May 5, 2016 Failed: I move that the Reserve Fund of $400,000 as recommended by the CFO 1.75 Levy budget be lowered to $150,000. Richard Baritz, Precinct 17 _________________________________________________________________________________ A17-RA RTICLE ESOLUTION May 4, 2016 Failed: It is the will of Town Meeting that only government meetings be produced and air on demand and on TV. Jim Pillsbury, Precinct 6 A18 RTICLE To see if the Town will vote to raise and appropriate, transfer from available funds, or otherwise provide a sum or sums of money for the operation of the Water & Sewer Departments, including capital outlay and debt service, and for all other necessary expenses for the Fiscal Year 2017 (July 1, 2016 June 30, 2017). Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer May 5, 2016 Voted: That the Town expend $46,020,292 in FY2017 in the Water and Sewer Departments for the cost of personnel, operating expenses, MWRA Assessment and debt service, under the direction of the Town Manager or his designee. And, that $46,020,292 be raised from water and sewer receipts. A19 RTICLE To see if the Town will vote to increase the current $500 senior exemption to $1,000, as allowed by state law. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer April 26, 2016 Voted: That the Town increase the existing senior property tax exemption authorized under Chapter 59, Section 5, clause 41C, from $500 to $1,000, as allowed by Chapter 59, Section 5, clause 41C. A20 RTICLE Town Meeting285 Town of Framingham2016 Annual Town Report To see if the Town will vote to authorize a petition to the legislature to approve a law which creates a local senior tax exemption similar to the Town of Sudbury's program. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer May 5, 2016 Voted: That this article be referred back to Sponsor. A20AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 5, 2016 Original motion not voted on due to refer back: I move that Town Meeting vote to authorize a petition to the legislature to approve a law which creates a local senior tax exemption similar Mary Ellen Kelley, Chief Financial Officer A21 RTICLE To see if the Town will vote to appropriate $1,000,000 which was paid to the Town by the original developer of the Danforth Green housing development in the Saxonville neighborhood of Framingham in exchange for a favorable change in an earlier agreement with the Town. In approving the change and accepting the money there was a sentiment expressed at town meeting that this payment support open space or community preservation project in Saxonville. The proposal is to officially designate this $1.0 Million to a fund to eventually support the restoration of historic Athenaeum Hall in Saxonville. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer May 5, 2016 Voted: That $1,000,000 be appropriated from Free Cash to fund the first phase of the repair and renovation of the historic Athenaeum Building in the Saxonville neighborhood of Framingham; said funds to be managed by the Town Manager or his designee. 56 voting in favor, 42 opposed, 8 abstentions. A21AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 5, 2016 Failed: Motion to refer back to Sponsor. Gerald Bloomfield, Precinct 1 ___________________________________________________________________________________ May 5, 2016 Failed: I move that Town Meeting vote to appropriate $1M but not to be spent on Phase I of the Athenaeum Capital Project until the Friends of Saxonville first raise the $360,000 they pledged to raise for the project. Deborah Butler, Precinct 7 Town Meeting286 Town of Framingham2016 Annual Town Report A22 RTICLE To see if the Town will vote to authorize the Board of Selectmen to negotiate, enter into, execute and approve an agreement for the payment in lieu of taxes agreement (PILOT) as authorized by MGL Chapter 59, section 38H, with respect to annual payments in lieu of personal property taxes for a . term up to twenty years relative to solar electric generating facilities Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer May 10, 2016 Voted: That the Board of Selectmen be authorized to negotiate, enter into, execute and approve an agreement for the payment in lieu of taxes agreement (PILOT Agreement) as authorized by MGL, Chapter 59, Section 38H, with respect to annual payments in lieu of personal property taxes for a term up to twenty years relative to solar electric generating facilities. A23 RTICLE To see if the Town will vote to authorize the Board of Selectmen to enter into alternate energy net metering credit purchase agreements, including solar energy and related net electricity metering credits, for a term not to exceed 20 years on such terms and conditions as the Board of Selectmen deem in the best interest of the Town. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer May 10, 2016 Voted: That the Board of Selectmen be authorized to enter into alternate energy net metering credit purchase agreements, including solar energy and related net electricity metering credits, for a term not to exceed 20 years on such terms and conditions as the Board of Selectmen deem in the best interest of the Town. A23AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 10, 2016 Failed: I move to refer back to Sponsor. Arsene Bajakian, Precinct 23 A24 RTICLE To see if the Town will vote to appropriate the proceeds of any insurance policy reimbursements of costs incurred as a result of any covered loss, including without limitation any liability insurance, insurance, automobile insurance, police and fire injury and medical costs, and any other insurance of any name and nature whatsoever. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer Town Meeting287 Town of Framingham2016 Annual Town Report April 26, 2016 Voted: That the Town appropriate $36,561.74 from the Receipt Reserve for Appropriation Insurance Proceeds over $20,000 to the Legal Services budget for the reimbursement of legal costs covered by insurance; and further, to appropriate $500,000.00 from the Receipt Reserve of Appropriations Insurance Proceeds over $20,000 to the School Department budget for the reimbursement of McCarthy School Water Damage; and further, to appropriate $25,836.00 from the Receipt Reserve for Appropriation Insurance Proceeds over $20,000 to the Police Department budget for the reimbursement of a police cruiser. A25 RTICLE To see if Town Meeting will vote to amend the Framingham Zoning By-Law by adding two new sections, Section II.A.9.a Corporate Mixed-use District I (CMU I) and II.A.9.b. Corporate Mixed-use District II (CMU II), amend the Table of Uses related to include the new CMU I and the CMU II Districts in Section II.B, add a new Section II.J Corporate Mixed-use District, and amend the Dimensional Regulations by adding the new CMU I and CMU II into Section IV.E., amend section VI.G.1. related to the CMU I and CMU II, as presented in the background information of the of the Annual Town Meeting warrant submitted to Annual Town Meeting. Pass any vote or take any action relative thereto. Sponsor: Planning Board May 4, 2016 Voted: That Article 25 Corporate Mixed-Use Zoning Bylaw be referred back to Sponsor with the concurrence of the Sponsor. A26 RTICLE To see if Town Meeting will vote to amend the Framingham Zoning Map by creating a new Corporate Mixed-Use I and Corporate Mixed-Use II Zoning District, as presented in the background information of the of the Annual Town Meeting warrant submitted to Annual Town Meeting. Pass any vote or take any action relative thereto. Sponsor: Planning Board May 4, 2016 Voted: That Article 26 Corporate Mixed-Use Zoning Map amendments be referred back to Sponsor with the concurrence of the Sponsor. A27 RTICLE To see if Town Meeting will vote to amend the Framingham Zoning By-Law by deleting the existing Section V.H. Affordable Housing and replacing it with a new Section V.H. Inclusionary Housing By-Law as presented in the background information of the of the Annual Town Meeting warrant submitted to Annual Town Meeting. Pass any vote or take any action relative thereto. Sponsor: Planning Board May 4, 2016 Voted: That the Framingham Zoning Bylaw be amended by deleting the existing Section V.H. Affordable Housing and replacing it with a new Section V.H. Inclusionary Housing Town Meeting288 Town of Framingham2016 Annual Town Report the back table of the Annual Town Meeting and as attached. 102 voting in favor, 6 opposed. Approved by the Attorney General on September 8, 2016. A27A RTICLE TTACHMENT H.IH NCLUSIONARY OUSING 1. Purpose and Intent The purpose of this By-Law is to maintain provisions in accordance with the policies and goals found within the Framingham Master Land Use Plan and the Housing Plan as follows: a.To ensure that all development or redevelopment of ten or more dwelling units generates a minimum of ten percent affordable housing units which qualify for (DHCD) Subsidized Housing Inventory (SHI); b.To ensure that such affordable housing is made available to all eligible households on a non-discriminatory basis in accordance with the federal Fair Housing Act of 1968 and M.G.L. c. 151, as amended, and any regulations promulgated under federal and state law; c.To ensure that such housing remains affordable over the long term, and that to the extent allowed by law, preference is given to Framingham residents; d.To maintain an economically integrated community by promoting a mix and distribution of affordable housing opportunities throughout Framingham. 2. Definitions Affordable Housing Restriction (AHR): A Deed Rider, covenant, contract, mortgage agreement, and/ or other legal instrument, acceptable in form and substance to the Town, that effectively restricts occupancy of an affordable housing unit to a qualified purchaser or renter, and that provides for the administration, monitoring, and/or enforcement of the restriction during the term of affordability. An AHR shall be placed on the land in perpetuity or for the maximum period allowed by law, and entered into as an agreement under the provisions of M.G.L. c. 184, Section s 31 to 33 or other equivalent state law. Affordable Housing Unit (AHU): A residential unit that is restricted in its sale, lease, and/or rental to a Qualified Income-Eligible Household at specific price limits that qualify such residential unit for inclusion in the Massachusetts Department of Housing Affordable Housing Deed Rider: A deed rider or other legally binding instrument in a form consistent with the Local Initiative Program (LIP) requirements and acceptable under the LIP that will ensure the affordability of the Affordable Housing Unit (AHU) for a term of years established by the permit granting authority, but no less than forty years, that is appended to the deed to an AHU. Town Meeting289 Town of Framingham2016 Annual Town Report Area Median Income (AMI): The median family income, adjusted for household size, for the metropolitan area that includes the Town of Framingham, as determined by the U.S. Department of Housing and Urban Development (HUD). Inclusionary Housing Project: Any proposed development or redevelopment of ten or more dwelling units on one or more contiguous parcels, proposed under a special permit . process pursuant to M.G.L. c. 40A, Section 9 Local Initiative Program (LIP): A program administered by the Massachusetts Department of Housing and Community Development (DHCD) to encourage cities and towns to create low and moderate-income housing through means other than a comprehensive permit under M.G.L. c. 40B. Market-Rate Housing : A residential unit that is not restricted in its sale, lease, and/or rental at specific price limits. Monitoring Agent: The Town, Massachusetts Department of Housing and Community Development (DHCD), or such other qualified third party selected by the Town to enforce the AHR and/or terms of the Affordable Deed Rider. Qualified Income-Eligible Household : A household with combined incomes that do not exceed 80 percent of the median income for the Boston Metropolitan Statistical Area, with adjustments for household size as reported by the most recent information from the United States Department of Housing and Urban Development (HUD), or successor, and/or the Massachusetts Department of Housing and Community Development (DHCD), or successor. Qualified Purchaser: Qualified Income-Eligible Household that purchases and occupies an Affordable Housing Unit as its principal residence. Qualified Renter or Qualified Tenant: Qualified Income-Eligible Household that rents and occupies an Affordable Housing Unit as its principal residence. Subsidized Housing Inventory (SHI): - or moderate-income housing compiled as a list by the Massachusetts Department of Housing and Community Development (DHCD) containing the count of low- or moderate income housing units by city or town. 3.Applicability and Basic Provisions The provisions of this By-Law shall apply to any proposed development or redevelopment of ten or more dwelling units on one or more contiguous parcels, whether such units are proposed under a special permit process pursuant to M.G.L. c. 40A, Section 9. The following provisions shall be required for all Inclusionary Housing projects. a.In any development subject to this Section V.H, at least 10 percent of the dwelling units shall be Affordable Housing Units (AHU). Fractional interests shall be rounded up to the next whole number. Nothing shall preclude an applicant from providing more AHUs than the number required herein. b.Each AHU created under this Section V.H shall be sold or rented to a Qualified Income-Eligible Household, except that when the applicant provides at least one- half of the required affordable units for households with income at or below 50 percent of AMI, adjusted for income, the remaining affordable units may be sold or rented to households with incomes up to 100 percent of AMI, adjusted for household size, if approved by the SPGA. Town Meeting290 Town of Framingham2016 Annual Town Report c.Except as provided under paragraph b. above, each AHU shall comply with comprehensive permit. d.No building permit shall be issued for any unit in the development until the Building Commissioner receives verification that the AHR has been approved by DHCD and Town Counsel, and has been recorded with the Middlesex South Registry of Deeds, and that the affirmative fair housing marketing plan under Subsection 7 below has been approved by DHCD. 4.Exemptions Section V.H. shall not apply to the rehabilitation of any building or structure wholly or substantially destroyed or damaged by fire or other casualty, provided that no rehabilitation or repair shall increase the number of dwelling units on the lot as existed prior to the damage or destruction thereof, except in conformance with this By-Law. 5Application Procedures, Submission Requirements, and Mandatory Provision of . Affordable Units Application, review, and decision procedures shall be in accordance with residential or residential mixed-use development regulations Sections VI.E. and/or F. of this By-Law, and/or the Town that the applicant comply with the obligation to provide affordable housing pursuant to this By-Law as provided below as a condition of approval of any residential development and/or redevelopment. a.Siting: AHUs shall be dispersed and sited throughout a development so as not to be -rate units. b.Design and Construction: AHUs shall be comparable to and indistinguishable from market-rate units in exterior building materials and finishes, windows, and other improvements related to the energy efficiency of the units. c.Rights and Privileges: Owners and tenants of AHUs and market-rate units shall have equal rights and privileges to access facilities. d.Units to be Rented or Sold: The Applicant shall provide one AHU for each ten dwelling units to be created. Fractions shall be rounded up to the next whole number. e.Phasing: Affordable units shall not be the last units to be built in any development and/or redevelopment covered by this Section V.H. f.Non-Avoidance by Phasing or Segmentation: A development shall not be phased or segmented in a manner to avoid compliance with this By-Law. The Planning Board shall not approve any application for development or redevelopment that results in ten or more new dwelling units if the land or parcels of land were held in common ownership (including ownership by related or jointly controlled persons or entities) and were subdivided or otherwise modified to avoid compliance. Dwelling units shall be considered as part of a single development if located either on a single parcel or contiguous parcels of land that have been in the same common ownership at any time subsequent to the date of adoption of this Section V.H. Affordable Housing. This By-Law shall be enforceable also against purchasers of land previously held in Town Meeting291 Town of Framingham2016 Annual Town Report common ownership with land that received, after the date of adoption of this Section V.H, approvals or permits for development, to the effect that units developed under such previous development shall be counted toward the calculation of number of units under Sections V.H.4.a. and V.H.4.b. herein. 6.Density Bonus a.A Special Permit may be granted for applicants who seek a density bonus for the inclusion of AHU within a residential project. The Planning Board shall be the SPGA for Section V.H.6. herein. One AHU shall be provided for every four market-rate units. The applicant shall be subject to all of the requirements of this By-Law, unless modified within Section V.H.6. b.A density bonus pursuant to Section V.H.6. may be permitted for residential projects with a minimum of four residential building lots that are allowed by right. c.Projects that provide four market rate units and one AHU may reduce the lot size by twenty percent for each of the five lots. All other Dimensional Regulations in Section IV.E.2. shall be met for each lot. d.Additional lots in a project that do not meet the requirements of four market rate units and one AHU shall not be eligible for a decrease in lot area. Therefore, if a project provides seven lots, only five of the lots shall be eligible for the 20 percent lot area decrease. However, ten lots providing eight market rate units and two AHU shall be eligible for the 20 percent lot area decrease. 7.Affordable Housing Regulations a.Pursuant to M.G.L. c. 40A, Section 9, the Planning Board shall adopt and maintain a set of Affordable Housing Regulations that contain the necessary policies, procedures, and requirements to implement the provisions of this Section V.H. 8.Restrictions a. Restrictive documents: To ensure unit affordability, AHUs shall be rented or sold subject to applicable AHR, acceptable to the Town and established in accordance with the standards of the DHCD, or its successor entity, or such additional programs as may be adopted by the Commonwealth or its agencies, restricting the use and occupancy, rent level, and sales price of such AHUs. b. Term of Affordable Housing Restriction: An AHU shall ensure that AHUs created under this section shall remain affordable in perpetuity or for the longest period of time allowed by law. All restrictive documents shall be enforceable and renewable by the Town pursuant to applicable law. c. DHCD SHI: An AHU shall be restricted in its initial and any subsequent sale, lease, and/or rental to a Qualified Income-Eligible Household at a specific price limit that will qualify such residential unit for inclusion in the DHCD SHI. d. Selection of Eligible Tenants and Homeowners: There shall be a fair and reasonable procedure in compliance with fair housing laws for the selection of tenants for affordable rental units and for the selection of homeowners for affordable homeownership units. The Town may contract with a quasi-public, public, and/or private entity, experienced in affordable housing operation, for provision of tenant Town Meeting292 Town of Framingham2016 Annual Town Report and homeowner selection services but shall be required to monitor the performance of any private entity providing such services and shall retain final responsibility for ensuring compliance. e. Income and Asset Limits:Qualified Income-Eligible Household income of prospective purchasers and renters shall not exceed 80 percent of area median income based on household size as determined by HUD. Qualified Purchaser or Qualified Renter shall also be required to demonstrate that total household assets, other than income are not so high that a household has no substantial need of a rental unit with a reduced rent or of an ownership unit with a reduced purchase price. f. Occupancy: The AHR for AHUs shall require, whether the unit initially is sold or rented, that the occupant(s) of that unit must be a Qualified Income-Eligible Household as defined in this Section V.H. This provision shall not prohibit a unit initially designated as owner-occupied from being leased, so long as it is a lease qualifying under the provisions hereunder and the occupant(s) are a Qualified Income-Eligible Household. 9.Monitoring and Enforcement a.The Planning B prepare an annual report, a copy of which shall be provided to DHCD, stating the following: i.whether rental units are rented to low or moderate income households at rents not exceeding the maximum rents set forth above, ii.whether ownership units continue to be occupied as the domicile and principal residence of the owner, and iii.in the event of a resale, whether the unit has been resold to a low or moderate income buyer for no more than the maximum permissible resale price and subject to a new or continued AHR. b.Monitoring of Rental Units: AHUs shall be subject to an AHR that contains limitations on use, occupancy, resale and rents, and provides for periodic monitoring to verify compliance with and enforce said restriction. c.Monitoring of AHUs: Upon conveyance or resale, affordable homeownership units shall be monitored by the Town, DHCD, or a qualified third party for compliance sponsibility of the Monitoring Agent to establish a sales price. d.Loss of Eligibility Status: Nothing in this section shall be construed to permit eviction of a Qualified Purchaser or Qualified Tenant of an AHU due to loss of his/her eligibility status during the time of ownership or term of lease or rental. e.Transfer of AHU: The restrictions governing an AHU shall be enforced upon resale, re-rental, and/or renewal of lease of the AHU. For owner-occupied units, the use restriction shall ensure that units may only be resold to Qualified Income-Eligible Household who are Qualified Purchasers or Qualified Renters consistent with the then applicable income limits established by HUD, or successor, and/or the DHCD, or successor. f.All Restrictions Remain in Effect: Nothing in this By-Law shall be construed to permit any Deed Rider, covenant, agreement, and/or other mechanism restricting such items as the use and occupancy, rent level, and resale price of AHUs, and the Town Meeting293 Town of Framingham2016 Annual Town Report enforcement thereof to expire prior to any maximum limitations set forth by applicable state law. It is intended that the restrictions required herein shall survive, to the limit allowed by law, including, but not limited to, bankruptcy and foreclosure. g.Timing of commitments: All contractual agreements required hereunder and any documents necessary to ensure compliance with this section shall be approved as to content by the Planning Board and Town Counsel prior to the issuance of any occupancy permit for newly constructed, redeveloped, rehabilitated, and/or rental units. h.Approval of Form and Content of Legal Documents: The applicant shall be responsible for preparing any documentation required by DHCD in order to secure LIP approval of the AHU and ensure their eligibility for the DHCD SHI. Furthermore, the applicants shall prepare all AHR and/or legal instruments required to comply with Section V.H. herein, and such documents shall be in a form satisfactory to Town Counsel. The applicant shall reimburse the Town for reasonable legal expenses incurred by Town Counsel in reviewing or revising said deed and legal instruments. i.Recording of Restrictions: The special permit decision, if applicable, and all restrictive covenants required under said special permit or this Section V.H. shall be recorded at the Registry of Deeds or filed with the Registry District of the Land Court, as applicable, prior to the endorsement of any subdivision plan for the development and before the issuance of any building permit for the development. j.Content of Restrictions: Where the Planning Board endorses a subdivision of land that contains tracts of land not divided into building lots, but which land could later trigger the provisions of Section V.H.4.e. herein, the covenant for such subdivision shall note the potential for the provisions of Section V.H.4.e. to apply to a later development. A28 RTICLE To see if Town Meeting will vote to amend the Framingham Zoning By-law by: a.amending existing sections of Section I.E. related to consistency and clarification; b.deleting the definition of Limited Manufacturing from Section I.E. Definitions; c.adding a definition for Master Plan (Master Land Use Plan) to Section I.E. Definitions; d.amending the citations in Section II.I.4 and II.I.6; e.deleting Section II.I.7 from the Central Business District section; f.amending Section VI.E.2.e; and g.and inserting a new Section VI.F.10. as set forth in the background materials, which show those portions of the Zoning By-Law to be -ed and deleted text is stricken through), as presented in the background information of the of the Annual Town Meeting warrant submitted to Annual Town Meeting. Pass any vote or take any action relative thereto. Sponsor: Planning Board Town Meeting294 Town of Framingham2016 Annual Town Report May 4, 2016 Voted: That the Framingham Zoning Bylaw be amended by: amending existing sections of Section I.E. related to consistency and clarification; deleting the definition of Limited Manufacturing from Section I.E. Definitions; adding a definition for Master Plan (Master Land Use Plan) to Section I.E. Definitions; amending the citations in Section II.I.4 and II.I.6; deleting Section II.I.7 from the Central Business District section; amending Section VI.E.2.e; and inserting a new Section VI.F.10. as set forth in the background materials, which show those portions of the Zoning Bylaw to be deleted, changed, or - in the handout on Amended Motions, Part 2 (pages B-26 to B-27) places on the back table of Annual Town Meeting. 110 voting in favor, 2 opposed, 0 abstentions. Approved by the Attorney General on September 8, 2016. A28ATCO RTICLE TTACHMENT ON FILE AT OWN LERKSFFICE A29 RTICLE To see if Town Meeting will vote to amend Section VI D1 of the Zoning Bylaws by increasing the number of members of the Zoning Board of Appeals from three to five, by decreasing the minimum number of associate members from four to three; and by amending the Table in Article I, Section 1.3 of the General Bylaws to reflect such changes. Pass any vote or take any action relative thereto. Sponsor: Citizen Petition () M. Warshaw May 24, 2016 Voted: That Article 29 be referred back to Sponsor with the permission of the Sponsor. A29AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 24, 2016 Motion not voted on due to refer back: I move that Town Meeting increase the number of members of the Zoning Board of Appeals from three to five and decrease the minimum number of associate members from four to three by: 1. 2. insertin Amending the Table under Article I, Section 1.3 of the General Bylaws by increasing the number of decreasing the number of Associate Members of the Zoning Board of Appeals from William LaBarge, Precinct 16 A30 RTICLE Town Meeting295 Town of Framingham2016 Annual Town Report To see if the Town will authorize the Board of Selectmen to acquire by gift and to accept a 090-45- 4154-000, and to acquire by gift and accept the deed to the Town of a fee simple interest in all of the -54-2985-000, now or formerly owned by Francis L. Coolidge and Edward P. Lawrence, as they are Trustees of the Janet Stone Wiggins Trust established November 2, 1997, as amended December 6, 1985, under the terms of the Will of Janet Stone Wiggins (a/k/a Janet S. Wiggins and Janet S. Wiggins) Middlesex South District Probate Docket N. MI 08P-4862-EP1, upon such terms and conditions as the Board of Selectmen shall determine to be appropriate, the land at 18 Auburn Street to the TOWN OF FRAMINGHAM, through its Conservation Commission, for administration, control, and maintenance under the provisions of M.G.L., Chapter 40, §8C; said parcel of land being described as follows: The land in said FRAMINGHAM in that part thereof called Framingham Centre, with the buildings thereon, bounded and described as follows: Southerly by Auburn Street and Auburn Street Extension by two lines, one hundred eighty and 67/100 (180.67) feet and four hundred twenty-nine and 91/100 (429.91) feet; Westerly by land of the Puffer Estate, there measuring one hundred fifty-five and 81/100 (155.81) feet; Northerly by land formerly of Charles H. Thurber and now believed to be of one Newhall, there measuring twenty-nine and 4/100 (29.04) feet; and again Westerly by last named land, one hundred thirty-six and 37/100 (136.37) feet; Northerly by last named land, four hundred fifty-one and 78/100 (451.78) feet; and again Northerly by the Sudbury River to the thread thereof; Easterly by the thread of the Sudbury River on hundred twenty (120) feet, more or less; Southeasterly by the Sudbury River from its thread to the westerly bank thereof; and again Southeasterly by land formerly of the Mutual Real Estate Company and now believed to be of one Senecal, one hundred seventy-two (172) feet. The granted premises are shown as Lot B on plan entitled "Framingham, Mass. Plan of Land owned by Arthur K. Stone, Scale l" = 40', May, 1928, Edward H. Howard, Cons. Engineer", it being the intention of the grantors to convey all of said property shown as Lot B, however the same may be bounded or described. Excepting from the above-described property that certain parcel of land situated on Auburn Street Extension, in Framingham, Middlesex County, Massachusetts being shown as Parcel A on a plan entitled "Plan of Land in Framingham, Massachusetts, prepared for Janet Stone Wiggins," dated 19 July, 2002, by Schofield Brothers of New England, Inc., and recorded as Plan No 1137 of 2002, containing 5,140 square feet, more or less, according to said plan. And further to see if the Town will authorize the Board of Selectmen to grant to the Sudbury Valley Trustees, Inc. a Conservation Restriction to encumber the premises described above at 18 Auburn Street, And, further to see if the Town will vote to authorize the Board of Selectmen and Town officers to take all related actions necessary or appropriate to carry out this acquisition, including the submission, on behalf of the town, of any and all applications deemed necessary for grants and/or reimbursements from any state or federal programs and to receive and accept such grants or reimbursements for this purpose, and/or any other purposes in any way connected with the scope of this Article. Pass any vote or take any action relative thereto. Town Meeting296 Town of Framingham2016 Annual Town Report Sponsor: Board of Selectmen May 10, 2016 Voted: That the Board of Selectmen be authorized to accept a conservation -45-4154-000, and to acquire by gift and to accept the deed to the Town of a fee simple interest in all of the 3.6 acre parcel -54-2985-000, now or formerly owned by Francis L. Coolidge and Edward P. Lawrence, as they are Trustees of the Janet Stone Wiggins Trust established November 2, 1997, as amended December 6, 1985, under the terms of the Will of Janet Stone Wiggins (a/k/a Janet S. Wiggins and Janet S. Wiggins) Middlesex South District Probate Docket N. MI 08P-4862-EP1, upon such terms and conditions as the Board of Selectmen shall determine to be appropriate, the land at 18 Auburn Street through its Conservation Commission, for administration, control, and maintenance under the provisions of MGL, Chapter 40, §8C and that the Board of Selectmen grant to the Sudbury Valley Trustees, Inc. a Conservation Restriction to encumber the premises described above, and that the Board of Selectmen and Town officers be authorized to take all related actions necessary or appropriate to carry out this acquisition, including the submission, on behalf of the Town, of any and all applications deemed necessary for grants and/or reimbursements from any state or federal programs and to receive and accept such grants or reimbursements for this purpose, and/or any other purposes in any way connected with the scope of this article, or to take any action related thereto. Unanimously passed. A31 RTICLE To see if the Town will authorize the Board of Selectmen to acquire by purchase and to accept a Conservation Restriction from JOHNSON FAMILY VENTURES, LLC, a Massachusetts limited liability company having a usual place of business at 936 Central Street, Framingham, Massachusetts for consideration of Two Hundred Thirty-Seven Thousand and 00/100 ($237,000.00) Dollars to be granted to the Town of Framingham acting by and through its Conservation Commission, by exclusively for conservation purposes, the said Conservation Restriction to encumber a portion of the land located in the Town of Fram prepared by Samiotes Consultants, Inc. A plan of the premises described above depicting the limits of the Conservation Restriction to be And, further to see if the Town will vote to authorize the Board of Selectmen and Town officers to take all related actions necessary or appropriate to carry out this acquisition, including the submission, on behalf of the town, of any and all applications deemed necessary for grants and/or reimbursements from any state or federal programs and to receive and accept such grants or reimbursements for this purpose, and/or any other purposes in any way connected with the scope of this Article. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen Town Meeting297 Town of Framingham2016 Annual Town Report May 10, 2016 Voted: That the Board of Selectmen be authorized to acquire by purchase and to accept a Conservation Restriction from JOHNSON FAMILY VENTURES, LLC, a Massachusetts limited liability company having a usual place of business at 936 Central Street, Framingham, Massachusetts for consideration of Two Hundred Thirty-Seven Thousand and 00/100 ($237,000.00) Dollars to be granted to the Town of Framingham acting by and through its Conservation Commission, by authority of GL.c. 40, §8C, and its permitted perpetuity and exclusively for conservation purposes, the said Conservation Restriction to encumber CENTRAL STREET Area = February 19, 2015 prepared by Samiotes Consultants, Inc., and that the Board of Selectmen and Town officers be authorized to take all related actions necessary or appropriate to carry out this acquisition, including the submission, on behalf of the Town, of any and all applications deemed necessary for grants and/or reimbursements from any state or federal programs and to receive and accept such grants or reimbursements for this purpose, and/or any other purposes in any way connected with the scope of the article, or to take any action related thereto. 137 voting in favor, 3 opposed, 0 abstentions. A32 RTICLE To see if the Town will vote to hear a report of the Board of Selectmen relative to the laying out, the widening of, or the alteration to, and acceptance of the following streets, pursuant to Chapter 82 of the General Laws as affected by Chapter 410 of the Acts of 2014; and to see if the Town will vote to accept said streets or the widening or alteration of said streets as a public way, as laid out by the Board of Selectmen and as shown on a plan or plans on file in the Office of the Town Clerk: A.Lavelle Drive extending from Grove Street to its terminus; B.Surro Drive extending from Lavelle Drive to its terminus; C.Doeskin Drive extending from Mountainview Drive to its terminus; D.Mountainview Drive extending from Woodstock Drive to its terminus; E.Woodstock Drive extending from Carter Drive to Nobscot Drive; F. G.Wayside Circle from Wayside Inn Road to its terminus. And, further, to authorize the Board of Selectmen to acquire by gift, purchase, eminent domain, or otherwise, and to accept a deed or deeds to the Town of a fee simple interest or easements in any land necessary for said laying out, and any associated drainage, utility or other easements for said streets, and to authorize the Board of Selectmen and Town officers to take all related actions necessary or appropriate to carry out the purposes of this article. Pass any vote or take any action relative thereto. Sponsor:Board of Selectmen / Department of Public Works Town Meeting298 Town of Framingham2016 Annual Town Report May 11, 2016 Voted: That a report of the Board of Selectmen be heard relative to the laying out Woodstock Drive and Wayside Circle pursuant to Chapter 82 of the General Laws as affected by Chapter 410 of the Acts of 2014; and that said streets be accepted as public ways, as laid out by the Board of Selectmen and as shown on plans on file in the Office of the Town Clerk; Further, that the Board of Selectmen be authorized to acquire by gift, purchase, eminent domain, or otherwise, and to accept a deed or deeds to the Town of easements in any land necessary for said laying out, and any associated drainage, utility or other easements for said streets, and that the Board of Selectmen and town officers be authorized to take all related actions necessary or appropriate to carry out the purposes of this article. 125 voting in favor, 3 opposed, 0 abstentions. A32AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 11, 2016 Failed: I move that Wayside Circle be deleted from the list of streets to be accepted in Article 32. Stephen Shull, Precinct 2 A33 RTICLE To see if the Town will vote to hear a report of the Board of Selectmen relative to the laying out, the widening of, or the alteration to a portion of Hartford Street at Intersection of Concord Street to include within the layout of said Hartford Street at Intersection of Concord Street that area identified as "Easement Plan for 493 Concord Street" pursuant to Chapter 82 of the General Laws; and to see if the Town will vote to accept said streets or the widening or alteration of said streets as a public way, as laid out by the Board of Selectmen and as shown on a plan or plans on file in the Office of the Town Clerk. And, further, to authorize the Board of Selectmen to acquire by gift, purchase, eminent domain, or otherwise, and to accept a deed or deeds to the Town of a fee simple interest or easements in any land necessary for said laying out, and any associated drainage, utility or other easements for said streets, and to authorize the Board of Selectmen and town officers to take all related actions necessary or appropriate to carry out the purposes of this article. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen / Department of Public Works May 11, 2016 Voted: That a report of the Board of Selectmen be heard relative to the laying out, the widening of, or the alteration to a portion of Hartford Street at Intersection of Concord Street to include within the layout of said Hartford Street at Intersection of Concord Street that area identified streets or the widening or alteration of said streets as a public way, as laid out by the Board of Selectmen and as shown on a plan or plans on file in the Office of the Town Clerk; Further, that the Board of Selectmen be authorized to acquire by gift, purchase, eminent domain, or otherwise, and to accept a deed or deeds to the Town of a fee simple interest or easements in any land necessary for said laying out, and any associated drainage, utility or other easements for said Town Meeting299 Town of Framingham2016 Annual Town Report streets, and that the Board of Selectmen and town officers be authorized to take all related actions necessary or appropriate to carry out the purposes of this article. 125 voting in favor, 3 opposed, 0 abstentions. A34 RTICLE To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase, eminent domain o n file FRAMINGHAM WATER TANK EASEMENT DEED BOOK 1262, PAGE 154 CERT.#22854 LAND COURT PLAN 4869- officers to take all related actions necessary or appropriate to carry out the purposes of this article. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen / Department of Public Works May 11, 2016 Voted: That the Board of Selectmen be authorized to acquire by gift, purchase, plan dated March 27, 2015 prepared by Bruce K. Kinsman, P.L.S. for the water tank FRAMINGHAM WATER TANK EASEMENT DEED BOOK 1262, PAGE 154 CERT. #22854 LAND COURT PLAN 4869- authorized to take all related actions necessary or appropriate to carry out the purposes of this article. 125 voting in favor, 3 opposed, 0 abstentions. A35 RTICLE To see if the Town will vote to hear a report of the Board of Selectmen relative to the alteration of Sealtest Drive of a portion of the layout of Sealtest Drive made by the Board of Selectmen on pursuant to the vote under Article 13 of the 1969 Framingham Annual Town Meeting on March 25, 1969 and to see if the Town will vote to abandon and discontinue the remaining portion that layout of said way pursuant to Chapter 82 of the General Laws, which portion is shown on a plan or plans on file in the Office of the Town Clerk. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen / Department of Public Works May 11, 2016 Voted: That the Town hear a report of the Board of Selectmen relative to the alteration of Sealtest Drive of a portion of the layout of Sealtest Drive made by the Board of Selectmen pursuant to the vote under Article 13 of the 1969 Framingham Annual Town Meeting on March 25, 1969 and that the Town abandon and discontinue the remaining portion of that layout of Town Meeting300 Town of Framingham2016 Annual Town Report said way pursuant to Chapter 82 of the General Laws, which portion is shown on a plan or plans on file in the Office of the Town Clerk. Unanimously passed. A36 RTICLE To see if the Town will vote to amend Article III of the General Bylaws to add a new section 1.18 as follows: Town Meeting shall not consider, whether by citizens petition or otherwise, articles relating to the reputation, character, physical condition, mental health, professional competence, job performance, discipline, dismissal, or removal of individual town employees, inasmuch as personnel authority over town employees (with the exception of school department, library and planning board employees), is vested within the exclusive authority of the Town Manager pursuant to Chapter 27 of the Acts of 1996. Pass any vote or take any action thereto. Sponsor: Board of Selectmen May 11, 2016 Voted: That the Board of Selectmen be authorized to petition the General Court to enact legislation for Framingham providing that, notwithstanding Chapter 143 of the Acts of 1949, Massachusetts General Laws, Chapter 39, Section 10, or other special act or general law, that (a) the Board of Selectmen shall not accept a warrant article, whether by citizens petition or otherwise, relating to the reputation, character, physical condition, mental health, professional competence, job performance, discipline, dismissal, or removal or individual town employees, and (b) the Framingham Town Meeting shall not consider motions under any warrant article relating to the above described situations. The Legislature may make clerical or editorial changes to the form of the bill provided that the Board of Selectmen approve such changes as being within the scope of the general public objectives of this petition. 100 voting in favor, 25 opposed, 4 abstentions. A37 RTICLE I move that Town Meeting vote to amend General By Law Article II Functions and Authority of Permanent Officers, Boards and Committees of Town , section 2.7 (b) and section 19.5.1 (a) by inserting words that will limit annual Town Operating Budget increases to 2.0% over the previous (LY) approved Town Operating Budget. Amend General By Law Article II, Section 2.7 (b) by deleting present wording in section 2.7 (b) (preparing and submitting, after consultation with all town departments , an annual operating budget and capital improvement program for town departments.) Replace with the following wording: Prepare and submit, after consultation with all town departments, an annual operating budget THAT WILL NOT EXCEED A 2.O% INCREASE OVER THE PREVIOUS YEARS APPROVED TOTAL OPERATING BUDGET (bottom line). Also prepare and submit a capital improvement program for the town. And, amend General By Law Article II , section 19.5.1 (a) by deleting presenting wording section 19.5.1 (a) (to coordinate and manage the town wide annual operating and capital budget process for Town Meeting301 Town of Framingham2016 Annual Town Report all town departments, officers, boards, committees and commissions, in cooperation with those Replace with the following wording: entities.) coordinate and manage the town wide LIMITED 2.0%ANNUAL INCREASE OPERATING BUDGET, and Capital budget process for all town departments, officers, boards, committees and commissions, in cooperation with those entities. Sponsor: Citizen Petition () P. Pleshaw May 11, 2016 Failed: That the General Bylaw, Article II Functions and Authority of Permanent Officers, Boards and Committees of Town, section 2.7(b) and section 9.5.1(a) be amended by limit annual Town Operating Budget increases to 2.0% inserting words that will over the previous (LY) approved Town Operating Budget. That the General Bylaw, Article II, Section 2.7(b) be amended by adding the text in red bold: Preparing and submitting, after consultation with all town departments, an annual operation that will not exceed a 2.0% increase over the previous years approved total budget operating budget (bottom line). Also prepare and submit a capital improvement program for the town. That the General Bylaw, Article II, Section 19.5.1(a) be amended by adding the text in bold: limited 2.0% annual increase Section 19.5.1(a) coordinate and manage the town-wide operating budget, and Capital budget process for all town departments, officers, boards, committees and corporation A38 RTICLE To see if the Town will vote to amend the Town bylaws Article III Section 1.6.1 regarding procedures for re-voting a previously voted motion. Pass any vote or take any action relative thereto. Sponsor: Rules Committee May 11, 2016 Voted: That the Town Bylaws, Article III, Section 1.6.1 be amended by deleting the underlined words as shown as strikeout and adding the words shown as on the attached and on the handout. Approved by the Attorney General on September 8, 2016. A38-A RTICLE TTACHMENT Article 38 Reconsideration Procedures 5-11-2106 Rules Committee REVISED Motion: Town Meeting302 Town of Framingham2016 Annual Town Report Additional changes made in section (c). I move that the Town amend the Town bylaws Article III Section 1.6.1 by deleting the words underlined. shown below as strikeout and adding the words shown below as 1.6.1 A motion to reconsider a vote on any question shall be in order if any one of the following four conditions is met: (a) If the motion is made during the session the original vote was made. to reconsider Debate and a vote on the motion however, shall be tabled to the first order of business of the next session, unless by majority vote debate and a vote on the motion is tabled to the first order of business of a definite designated session. (b) If the motion is made with seventy-five percent consent of all Town Meeting Members present at any session after the session at which the original vote was taken. to reconsider Debate and a vote on the motion however, shall be tabled to the first order of business of the next session, unless by majority vote debate and a vote on the motion is tabled to the first order of business of a definite designated session. (c) If the motion is made after the session the original vote was taken, provided written notice of such intention was given to the Town Clerk on the day after the original vote. The Town Clerk shall give immediate notice of pending reconsideration by notifying the local daily newspaper. At the first session following such publication, when the motion to reconsider is made, debate and a vote on the motion to reconsider is taken; Debate and a vote on the motion made under this condition shall be taken on the motion when made, at the first session following such publication; unless by a majority vote, debate and to reconsider a vote on the motion is tabled to the first order of business of a definite designated session. (d) If in_the case of a final session a motion is made for reconsideration of any matter previously voted during the same session or during a session on the immediately preceding day. to reconsider However, a debate and a vote on this motion may be taken only after all other articles have been acted upon unless in the Moderator's discretion debate and a vote on the motion at any other point in the session would expedite the conduct of Town Meeting. Background Material: Town Meeting303 Town of Framingham2016 Annual Town Report These changes are proposed to make it clear when the motion to reconsider can be made and to when the motion to be re-voted is to be made and voted upon. A39 RTICLE To see if the Town will vote to revise the Town Bylaws Article III, Section 2 on Standing Committees. Pass any vote or take any action thereto. Sponsor: Rules Committee May 11, 2016 Voted: That the Bylaws, Article III, Section 2 Standing Committees, be amended as shown in the warrant and attached. Approved by the Attorney General on September 8, 2016. A39-A RTICLE TTACHMENT Bylaws Article III, Section 2 Standing Committees In section 2.1.3(a) regarding the Public Works Standing Committee replace with In section 2.1.3(c) regarding the Community Services Standing Committee replace: Community Development Block Grant Committee, Council on Aging, Human Relations, with the Veteran Services Department, al Affairs Division, the appropriations, Edgell Grove Cemetery, the Community Development Block Grant In section 2.1.3(d) regarding the Public Safety Standing Committee replace: Veterans Service), the Fire Division, and the Inspection Services Division excluding the Town with the Public ision, the Inspection Services Division, and A40 RTICLE Town Meeting304 Town of Framingham2016 Annual Town Report To see if Town Meeting will vote to amend Article III, Section 3.2 of the General Bylaws by take any action relative thereto. Sponsor: Government Study Committee April 26, 2016 Voted: That the General Bylaws, Article III, Section 3.2 be amended by deleting Approved by the Attorney General on September 8, 2016. A41 RTICLE To see if the Town will vote to amend Article V, Section 9 of the General By-Laws as follows, with deleted text shown as strikeout and added text in bold, underlined print. Pass any vote or take any action thereto. Sponsor: Disability Commission May 11, 2016 Voted: That the General Bylaws, Article V, Section 9 be amended as it appears in Meeting and as attached, with deleted text shown as strikeout and added words shown as underlined. Approved by the Attorney General on September 8, 2016. A41-ATCO RTICLE TTACHMENT ON FILE AT OWN LERKSFFICE A41AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 11, 2016 Failed: Imove to refer back Article 41 to be brought back at the Fall Town Meeting. William McCarthy, Precinct 10 A42 RTICLE To see if the Town will vote to amend the Town Bylaws by adding a PLASTIC BAG REDUCTION BYLAW. Motion: I Move to amend the bylaws by adding Section 8 Plastic Bag Reduction Bylaw to article VIII as follows: 8.1 Purpose and Intent The production and use of thin-film single-use plastic checkout bags have significant impacts on the environment, including, but not limited to: contributing to the potential death of marine animals through ingestion and entanglement; contributing to pollution of the land environment; creating a burden to solid waste collection and recycling facilities; clogging storm drainage systems; and requiring the use of millions of barrels of crude oil nationally for their manufacture. The purpose of this bylaw is to eliminate the usage of thin-film single-use plastic bags by all retail and grocery stores in the Town of Framingham, on or after January 1, 2017. Town Meeting305 Town of Framingham2016 Annual Town Report 8.2 Definitions Checkout bag: 8.2.1 A carryout bag provided by a store to a customer at the point of sale. Checkout bags shall not include bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or checkout area of the store. Grocery Store: 8.2.2 A retail establishment where more than fifty percent (50%) of the gross floor area is devoted to the sale of food products for home preparation and consumption, which typically also offers home care and personal care products. Retail Store: 8.2.3 An establishment that offers the sale and display of merchandise within a building. Reusable checkout bag: 8.2.4 A bag, with handles, that is specifically designed for multiple use and is made of thick plastic, cloth, fabric or other durable materials. Thin-film single-use plastic bags: 8.2.5 Typically with plastic handles, these are bags with a thickness of 2.5 mils or less and are intended for single-use transport of purchased products. 8.3 Use Regulations 8.3.1 Thin-film single-use plastic bags shall not be distributed, used, or sold for checkout or other purposes at any retail or grocery store within the Town of Concord. 8.3.2 Customers are encouraged to bring their own reusable or biodegradable shopping bags to stores. Retail or grocery stores are strongly encouraged to make reusable checkout bags available for sale to customers at a reasonable price. 8.3.3 Thin-film plastic bags used to contain dry cleaning, newspapers, produce, meat, bulk foods, wet items and other similar merchandise, typically without handles, are still permissible. 8.4. Enforcement Process Enforcement of this bylaw shall be the responsibility of the Town Manager or his/her designee. The Town Manager shall determine the inspection process to be followed, incorporating the process into other town duties as appropriate. Any retail or grocery store distributing plastic grocery bags in violation of this bylaw shall be subject to a non-criminal disposition fine as specified in Appendix A of the Regulations for Enforcement of Town Bylaws under M.G.L. Chapter 40, §21D. Any such fines shall be paid to the Town of Framingham. Take any other action relative thereto. Sponsor: Citizen Petition () K. Weiss May 11, 2016 Voted: That the bylaws be amended by adding Section 8 Plastic Bag Reduction Background Approved by the Attorney General on September 8, 2016. A42ATCO RTICLE TTACHMENT ON FILE AT OWN LERKSFFICE Town Meeting306 Town of Framingham2016 Annual Town Report A42AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 12, 2016 Failed: I make a motion to refer Article 42 back to Sponsor. Robert Case, Precinct 8 A43 RTICLE To see if Town Meeting will vote to delete Article V, Section 29 of the General Bylaws in its Pass any vote or take any action thereto. Sponsor: Government Study Committee May 12, 2016 Voted: That Article V, Section 29 of the General Bylaws be deleted, including all Approved by the Attorney General on September 8, 2016. A44 RTICLE To see if Town Meeting will request a special act for Framingham to set the number of signatures required to call a Special Town Meeting to be 500 signatures. Pass any vote or take any action thereto. Sponsor: Rules Committee May 12, 2016 Failed: That Town Meeting request a special act for Framingham to set the number of signatures required to call a Special Town Meeting to be 500 signatures. A44AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 12, 2016 Failed: I move to amend Article 44 to change the required signatures from 500 to 350. Audrey Hall, Precinct 3 A45 RTICLE To se M.G.L. ch. 115 assistance must conduct from a maximum of ten (10) to a maximum of three (3). Pass any vote or take any action relative thereto. Sponsor: Citizen Petition () D. Butler May 12, 2016 Voted as amended: Be it resolved that it is the will of Town Meeting that the number of job searches that a veteran receiving M.G.L. ch. 115 assistance be minimum of three (3) job searches per week. Town Meeting307 Town of Framingham2016 Annual Town Report A45AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 12, 2016 Original motion not voted on due to passed amendment: Be it resolved that it is the will of Town Meeting that the number of job searches that a veteran receiving M.G.L. ch. 115 assistance be fixed at three (3) job searches per week. Deborah Butler, Precinct 7 _________________________________________________________________________________ May 12, 2016 Passed: Deborah Butler, Precinct 7 _________________________________________________________________________________ May 12, 2016 Failed: I move to refer Article 45 back to the Sponsor because of flawed language. C. Patrick Dunne, Precinct 9 A46 RTICLE To see if Town Meeting will vote to refer disallowances reflected in Massachusetts Department of -7 reports from May 2008 to March 2015 to the Standing Committee on Ways and Means for review and itemized report back at the Fall 2016 Special Town Meeting. Pass any vote, or take any action relative thereto. Sponsor: Citizen Petition () D. Butler May 12, 2016 Voted: That Article 46 be referred back to Sponsor. A46AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 12, 2016 Original motion not voted on due to refer back: I move that Town Meeting vote to -7 reports from May 2008 to March 2015 to the Standing Committee on Ways and Means for review and itemized report back at the Fall 2016 Special Town Meeting. Deborah Butler, Precinct 7 A47 RTICLE To see if Town Meeting will vote to restore compliance with the Massachusetts Veterans Bill of Rights by eliminating collection of private information from veterans seeking ch. 115 benefits by the Department of Veterans Services and Benefits. Pass any vote, or take any action relative thereto. Sponsor: Citizen Petition () D. Butler Town Meeting308 Town of Framingham2016 Annual Town Report May 12, 2016 Voted: That Article 47 be referred back to Sponsor. A47AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 12, 2016 Original motion not voted on due to refer back: Be it resolved that it is the will of Town Meeting to vote to restore compliance with the Massachusetts Veterans Bill of Rights by eliminating collection of private information from veterans who seek ch. 115 benefits by the Department of Veterans Services and Benefits. Deborah Butler, Precinct 7 A48 RTICLE To see if Town Meeting will vote to prohibit the Director of Veterans Services and Benefits from placing veterans terminated from placing veterans terminated from M.G.L. ch. 115 assistance on Sponsor: Citizen Petition () D. Butler May 12, 2016 Voted: That Article 48 be referred back to Sponsor. A48AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 12, 2016 Original motion not voted on due to refer back: Be it resolved that it is the will of Town Meeting to vote to prohibit the Director of Veterans Services and Benefits from placing veterans term the Chief Financial Officer. Deborah Butler, Precinct 7 A49 RTICLE To see if Town Meeting will vote to authorize funding for a research committee to review plans to branch of the United States military service. Pass any vote, or take any action relative thereto. Sponsor: Citizen Petition () D. Butler May 12, 2016 Failed as amended: That the Town create a five (5) member committee of Town Meeting Members, appointed by the Moderator with a budget of $500, approved by the Chief Financial Officer on April 21, 2016, for the purpose of reviewing ways to honor the service of women from Framingham who served in a branch of the United States military service and report back to Town Meeting at the 2016 Fall Special Town Meeting. A49AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 12, 2016 Original motion not voted on due to passed amendment: That the Town create a five (5) member committee of Town Meeting Members, appointed by the Moderator with a budget of $500, approved by the Chief Financial Officer on April 21, 2016, for the purpose of reviewing Town Meeting309 Town of Framingham2016 Annual Town Report ways to honor the service of women from Framingham who served during WWII in a branch of the United States military service and report back to Town Meeting at the 2016 Fall Special Town Meeting. Deborah Butler, Precinct 7 _________________________________________________________________________________ May 12, 2016 Passed: William LaBarge, Precinct 16 A49RA RTICLE ESOLUTION May 12, 2016 Passed: ommendation to honor women veterans as presented by the Chairman of the BOS. Audrey Hall, Precinct 3 Town Meeting310 Town of Framingham2016 Annual Town Report M24,2016STM AY PECIAL OWN EETING A1 RTICLE To see if Town Meeting will vote to amend the Framingham Zoning By-Law by deleting the existing definition for Receiving Parcel and replacing it with a new definition for Receiving Parcel (Section I.E.) and amending the table in section V.O.2.b.5., amending Section V.O.2.c.4.; and amending the Framingham Zoning Map by creating new Transfer of Development Rights (TDR) Overlay Districts as presented on two maps contained in the background information showing an Eastern TDR Overlay District and a Western TDR Overlay District. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen/Planning Board May 24, 2016 Voted: That Article 1 be referred back to Sponsor. A1AM/A RTICLE DDITIONAL OTIONSMENDMENTS May 24, 2016 Original motion not voted on due to refer back: I move that Town Meeting vote to amend the Framingham Zoning Bylaw by amending the table in Section V.O.2.b.5. and further amending Section V.O.2.c.4. as presented in the attached background information placed on the back Kevin P. Crotty, Precinct 7 A1-A RTICLE TTACHMENT O.TDR RANSFER OF EVELOPMENT IGHTS 1.Purpose The purpose of the Transfer of Development Right (TDR) By-law is to provide an alternative for the preservation of Developable Farm and/or Developable Open Space Parcels; while encouraging economic development through an increase in the development potential within designated parcels. Through a TDR special permit a Developable Farm and/or Developable Open Space Parcel can sell its potential Development Rights to a Receiving Parcel; thereby allowing the Receiving Parcel to an economic development tool while promoting the preservation of Developable Farm and/or Developable Open Space parcel in exchange. The intent of the TDR special p and Open Space & Recreation Plan. 2.Applicability a.The Giving Parcel 1. The Planning Board shall determine the allowable Development Rights that may be transferred to a Receiving Parcel. To determine the total Development Rights allowed to be transferred, the owner of the Giving Parcel shall prepare a Transfer of Development Rights Yield Plan (TDR Yield Plan). Town Meeting311 Town of Framingham2016 Annual Town Report 2. The owner of the Giving Parcel shall submit the TDR Yield Plan and an application to the Planning Board for review. The Planning Board may retain a Peer Review Consultant at the expense of the owner of the Giving Parcel to ensure the TDR Yield Plan represents a true and accurate representation of the Giving Parcel. 3. The TDR Yield Plan will be reviewed during a posted public hearing; notice of the public hearing shall be made in accordance with G.L. c. 40A, §11. 4. The total allowable Development Rights that the Giving Parcel is eligible to transfer shall be the total square footage of the residential building allowed as denoted in the Transfer of Development Rights Residential Building Size Chart within the specific zoning district that the Giving Parcel is located in. The size of the residential building as denoted in the Transfer of Development Rights Residential Building Size Chart shall be multiplied by the total number of building lots allowed by-right to determine the total area to be transferred to a Receiving Parcel and placed under an APR and/or CR. Transfer of Development Rights Residential Building Size Chart Giving Parcel Zoning DistrictResidential Building Size Single Family Residential (R-4)6,500 square feet Single Family Residential (R-3)6,000 square feet Single Family Residential (R-2)5,500 square feet Single Family Residential (R-1)5,000 square feet General Residential (G)4,500 square feet 5. The APR and/or CR placed on the Giving Parcel shall be as follows: For Giving Parcels transferring all Development Rights: At the expense of the owner of the Giving Parcel, the entire Developable Farm and/or Developable Open Space Parcel shall be placed under an APR and/or CR in perpetuity. The entire Giving Parcel shall include all areas identified as non-buildable areas which include wetlands, wetland buffers, and Moderate Slopes, in addition to the buildable lots as identified in the TDR Yield Plan. For Giving Parcels transferring a portion of Development Rights: At the expense of the owner of the Giving Parcel the portion of the Developable Farm and/or Developable Open Space Parcel associated with the square footage to be transferred shall be placed under an APR and/or CR. This shall include all building lot areas associated with the residential building unit square footage, infrastructure and roadways associated with the building lots, and all non-buildable areas including wetlands, wetland buffers, and Moderate Slopes as identified in the TDR Yield Plan. For fractions of residential building unit square footage, all fractions shall be rounded up to the nearest whole number. The portion of the land to be placed under an APR and/or CR shall be selected with the intent of Town Meeting312 Town of Framingham2016 Annual Town Report creating contiguous tracks of land and where possible contiguous with abutting farm land and open space land. 6. All lands deemed non-buildable on the Giving Parcel, such as wetlands, wetland buffers, and Moderate Slopes as identified in the TDR Yield Plan, shall be placed under an APR and/or CR at the same time as the first Development Rights are placed under an APR and/or CR. Development Rights on a Giving Parcel that have not been transferred to a Receiving Parcel shall remain eligible for future transfer or development. b.The Receiving Parcel 1.The owner of the Receiving Parcel shall file an application for a TDR special permit with the Planning Board. 2.The owner of the Receiving Parcel shall enter into an agreement with the owner of the Giving Parcel for the transfer of the Development Rights prior to applying for a TDR special permit. 3.The Planning Board Administrator shall ensure that the APR and/or CR has been placed on the Giving Parcel by the Receiving Parcel prior to the issuance of any occupancy and use permit. 4.The owner of the Receiving Parcel may assemble Development Rights from multiple Giving Parcels. The resulting development on a Receiving Parcel shall not exceed the allowable dimensional requirement increases stated herein. Parcels of land that are pre-existing non-conforming lots that exceed allowed densities or that have received variances for building height, number of additional floors, lot coverage, and/or FAR are not eligible to receive transferred Development Rights. 5.The transferred Development Rights from the Giving Parcel may be used in a 1:1 ratio on a Receiving Parcel. Development Rights from the Giving Parcel that are used on a Receiving Parcel may be applied on the Receiving Parcel to increase the following dimensional regulations from those stated in Section IV.E.2. Table of Dimensional Regulations allowed by-right. Allowed increases as permitted in Section IV.E.2. should not create the need for an increase in parking that exceeds the capacity of the Receiving Parcel. If the increase as permitted in Section IV.E.2. requires more additional parking than the site can support, then the Receiving Parcel shall construct structured parking or establish alternative transportation options to the site such as carpool incentives, transportation from local public transportation hubs, etc. Maximum Increase in Maximum Maximum Building Increase in Lot Increase in Height/Additional Floors CoverageFAR Receiving Parcel 4*15%*1.0 Development Rights 35%*[50%*] Chapter 43D Priority Development Sites Town Meeting313 Town of Framingham2016 Annual Town Report * per additional floor* total height shall not exceed the allowed maximum for all structures, including roof top mechanical equipment or penthouses. 6.In the event of unused Development Rights the owner of the Receiving Parcel may be permitted to sell any unused Development Rights to another Receiving Parcel. The secondary Receiving Parcel shall be required to seek a Special Permit for the Transfer of Development Rights from the Planning Board prior to the use of the purchased Development Rights. c.Agriculture Preservation Restriction or Conservation Restriction Process The Giving Parcel must meet the following requirements: 1.Such parcel shall be placed under an APR and/or CR in perpetuity pursuant to state statute Chapter 184 Section 32 to ensure that said parcel will remain as agricultural land or open space. Once an APR and/or CR has been placed on the Giving Parcel no additional buildings can be built on nor can any land be used to yield additional Development Rights in the future, except as per c.2., below; 2.No buildings are allowed within the APR and/or CR area, except for existing buildings that have been constructed prior to the TDR Yield Plan. Farms shall be allowed to construct structures associated with the operations of the farm on up to 5 percent of the APR area. Structures associated with the farm may include: barns, farm store, housing for farm help, etc.; 3.The APR and/or CR may be held by the Town of Framingham, a land trust, or the Commonwealth of Massachusetts. The APR and/or CR is prohibited from being held by the owner of the Giving Parcel or the owner of the Receiving Parcel. The terms of the APR and/or CR shall be reviewed by Town Counsel at the expense of the owner of the Giving Parcel and approved by the Planning Board; 4.Trails systems for public access for passive recreational use may be developed within APR and/or CR-encumbered land of the Giving Parcel(s).The Giving Parcel may develop a trail system within the APR and/or CR lands, which may be accessible for public use; 5.Farming rights on any land subject to the APR and/or CR may be sold or leased to another farmer for the purpose of continuing or creating Agricultural and/or Farm use of the land; 6.Developable Open Space may be utilized at a future date for Agriculture and/or Farm uses; and 7.All of the above restrictions shall be made part of and included as additional provisions contained within the APR and CR documentation. 3.Application Review The review procedure for the TDR special permit application shall be in conformance with M.G.L. ch. 40A, Sections 9 and 11 and Section VI.E., and other permitting and approval processes as may be applicable. The Planning Board may require the Applicant to fund a Peer Review Consultant to assist in the technical Administrative Rules and Regulations and M.G.L. ch. 44, Section 53D. Town Meeting314 Town of Framingham2016 Annual Town Report 4.Variance Limitation The Planning Board may issue a TDR special permit in accordance with the additional requirements and standards specified within Section V.O., only if the receiving parcel is not a pre-existing non-conforming property and a variance has not ever been issued from the requirements of this Section V.O for the Receiving Parcel. A pre-existing non-conformity or a variance from the provisions of Section V.O. shall render a property ineligible for the filing of a TDR special permit application and TDR special permit. A1RA RTICLE ESOLUTION May 24, 2016 Passed: Be it resolved that it is the will of this Town Meeting, given the expressed concerns about the impacts of expanding the number of receiving parcels for the Transfer of Development Rights zoning bylaw, and given the expressed concerns about the impacts of other recent Manager, in conjunction with the Planning Board and such other Town departments, boards and commissions as he deems appropriate, prepare a proposal to fully fund a Town wide comprehensive study of: 1.Potential traffic impacts of possible future economic development projects and how to mitiage them, 2.Other potential impacts of possible future economic development projects and how to mitigate them, 3.Potential impacts of possible future multifamily dwelling unit economic development projects and how to mitigate them. Possible future economic development projects shall include all economic development projects which e Board of Selectmen. It is the will of this Town Meeting that this study shall include a listing of the advantages and disadvantages of each recommendation made in the study, and take into account the character of the Town as a whole and its neighborhoods. It is the will of this Town Meeting that the Town Manager, through the Board of Selectmen and the Planning Board, put this proposal to fully fund such a Town wide comprehensive study on the warrant for the October 2016 Special Town Meeting. When this study is completed, it is the will of this Town Meeting that the complete study report and all background material created by or used by the study be easily available to the public. Stephen Shull, Precinct 2 Standing Committee on Planning and Zoning Town Meeting315 Town of Framingham2016 Annual Town Report S1,2016STM EPTEMBER PECIAL OWN EETING A1 RTICLE To see if the Town will vote to raise and appropriate, transfer from available funds or borrow the sum of five and one half million dollars ($5,500,000.00) for the purpose of acquiring by purchase the land located at Millwood Farms Golf Course, 818 Grove Street and 175 Millwood Street, Framingham, Massachusetts described in deeds recorded with the Middlesex South District Registry of Deeds in Book 13166, Page 662 (50.4 acres); Book 13166, Page 664 (1.43 acres); and Book 13166, Page 666 (14.38 acres) for general municipal purposes, on such terms and conditions that may be established by the Board of Selectmen, and further to authorize the Board of Selectmen to take all necessary and related actions to carry out the purposes of the Article. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen September 1, 2016 Failed: That the Town raise and appropriate, transfer from available funds, or borrow the sum of five and one half million dollars ($5,500,000.00) for the purpose of acquiring by purchase for general municipal purposes the land located at Millwood Farms Golf Course, 818 Grove Street and 175 Millwood Street, Framingham, Massachusetts described in deeds recorded with the Middlesex South District Registry of Deeds in Book 13166, Page 662 (50.4 acres); Book 13166, Page 664 (1.43 acres); and Book 13166, Page 666 (14.38 acres) on such terms and conditions as may be established by the Board of Selectmen, and further, that the Board of Selectmen be authorized to take all necessary and related actions to carry out the purposes of this article. 69 voting in favor, 85 opposed. A1RA RTICLE ESOLUTION September 1, 2016 Not voted on due to failed original motion: Be it resolved that the Standing Committee on Ways and Means moves that a report be made at the next two consecutive town meetings by the Board of Selectmen on the status of the process to consider the use of and/or disposition of the land known as the Millwood Golf Course. Audrey Hall, Precinct 3 Chair of Standing Committee on Ways and Means Town Meeting316 Town of Framingham2016 Annual Town Report O18,2016FTM CTOBER ALL OWN EETING A1 RTICLE To see if the Town will hear a report from the Board of Selectmen on actions by the Selectmen and the Town Manager since the report to Town Meeting at the 2016 Annual Town Meeting. Pass any vote or take any action relative thereto. Sponsor: Standing Committee on Rules October 18, 2016 Voted: That the Town hear a report from the Board of Selectmen on actions by the Selectmen and the Town Manager since the report to Town Meeting at the 2016 Annual Town Meeting. Further, that after the report is given, the article be disposed. A2 RTICLE To see if the Town will vote to receive reports from various Departments, Boards, Committees and Commissions listed in this warrant article. Said reports should be posted on the Town website before Town Meeting begins and provided for Town Meeting Members in hard copy, bound together, and placed on the table at Town Meeting. The requested reports are listed below with the reference to a Town bylaw, a Mass. General Law (MGL) or a Town Meeting article (ATM = Annual Town Meeting, STM = Special Town Meeting): 1.Report from the Planning Board on the status of Zoning Bylaw changes approved by Town Meeting and sent to the Attorney since the previous Annual Town Meeting (Bylaws Article III Section 1.13.5.b). Changes were approved under Article 27 and 28 of the 2016 ATM. 2.Report from the Town Clerk on the status of Town bylaws passed under Articles at the 2016 ATM and an update on the status of other bylaws, as appropriate (Bylaws Article III Section 1.13.5.a). Changes were approved under Article 38 through 43 of the 2016 ATM. 3.Report from the Board of Selectmen on the following: a.A bill to allow funding for vocational education to follow a student to an out-of-district school when an in-district vocational school does not have the capacity to enroll the student (2015 ATM Article 15 Resolution E) b.A bill regarding the acceptance by the Selectmen and consideration by Town Meeting of a warrant article relating to the reputation, character, physical condition, mental health, professional competence, job performance, discipline, dismissal, or removal or individual town employees (2016 ATM Article 36) c.Resolution regarding honoring women veterans (2016 ATM Article 49) d.Request for a study of the impacts of possible future economic development projects (May 24, 2016 STM Article 1 Resolution A) 4.Report from the School Superintendent on the overall plan and status for incorporating technology into the schools, including the integration of computers into the curriculum (2015 ATM Article 12, Resolution B) Town Meeting317 Town of Framingham2016 Annual Town Report 5.Report from the Director of Public Works on the following special projects: a.Birch Road wells project b.Update on current construction projects 6.Report from the Skate Park Advisory Committee on the plans for a Skate Park (2015 ATM Article 26) 7.Report form the Chief Financial Officer on the following standard reports for the Fall Town Meeting: a.A report on the long-term financial forecast of revenue and major expense increases b.Transfers made by the Finance Committee from the Reserve Fund during the previous fiscal year c.Transfers made during the previous fiscal year from the budget of one department to the budget for another department by the Division Director responsible for both departments d.The final budget and actual expenses for each budget category for the 2016 fiscal year e.The count of Full-Time Equivalent (FTE) staff employed in each department as of the end of the 2016 fiscal year f.All revenue received during the 2016 fiscal year by each department, including the School Department, from all grants or other funding sources not included in the operating budget g.The fund balance at the end of FY2016 on all revolving funds and other funds not part of a department budget h.For each special account (not a department account) the amount accumulated in the special account over many years but not yet expended (not including grant revenue). The report should also include the number of town employees funded and whether these employees received town benefits. The non-departments should include but are not limited to the following Cultural Council, Elderly Disabled Committee, Conservation, Media Services, Parking Meter, and Edgell Cemetery. i.Update on the OPEB account including the incremental impact of new collective bargaining agreements and current liabilities 8.Report from the Chief Financial Officer on the indirect expenses associated with operating the Loring Arena. Currently only the direct salary and operating expenses are budgeted for the Loring Arena and the actuals expenses reported but the costs for employee benefits and payment of bonding debt are not included with the cost of operating Loring Arena. (2015 ATM Article 15 Resolution C) 9.Report from the Chief Financial Officer providing an assessment of the budgetary needs of the Town for the next fiscal year and the anticipated change in the curr 10.Report from the Selectmen on the estimated total of real estate assessments for the current year and estimated tax rate for the following year (2014 ATM Article 36) 11.Report from the Town Manager on the following: a.update on the Comprehensive Municipal Building Plan and Memorial Building b.status of the green energy projects previously approved by Town Meeting. The report should include the number of Green Community grants which the Town has applied for Town Meeting318 Town of Framingham2016 Annual Town Report and the value of the grants received (2015 ATM Article 24 Resolution A) 12.Report from the Director of Community and Economic Development and the Director of Public Works on the Comprehensive Economic Development and Transportation Plan 13.Any other reports recommended by the Board of Selectmen or requested by a committee And after all requested reports from a Town official are received this article shall be disposed. Sponsor: Standing Committee on Rules October 18, 2016 Voted: That the Town receive reports from various departments, boards, committees, and commissions listed in the warrant article and when these reports are received, the article is disposed. A3 RTICLE To see if the town will vote to authorize the Board of Selectmen to acquire by gift or nominal consideration permanent easements for water, sewer, drainage and utility purposes as shown on plans recorded with the Middlesex Registry of Deed or Registry District of the Land Court on such terms and conditions as the Board of Selectmen shall determine to be appropriate, and further to authorize the Board of Selectmen and town officers to take all actions to carry out the purposes of this article. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen / Department of Public Works October 18, 2016 Voted: That the Board of Selectmen be authorized to acquire by gift or nominal consideration permanent easements for water, sewer, drainage and utility purposes as shown on plans recorded with the Middlesex Registry of Deed or Registry District of the Land Court as described in the warrant article, on such terms and conditions as the Board of Selectmen shall determine to be appropriate, and further, that the Board of Selectmen and town officers be authorized to take all actions to carry out the purposes of this article. A4 RTICLE To see if the Town will vote to dispose of that portion of the layout of Sealtest Drive that was abandoned and discontinued pursuant to the vote under Article 35 of the 2016 Annual Town Meeting on April 26, 2016 pursuant to Chapter 82 of the General Laws, which portion is shown on a plan or plans on file in the Office of the Town Clerk; And, further, to authorize the Board of Selectmen to the fee in the abandoned and discontinued portion of Sealtest Drive, and to authorize the Board of Selectmen and town officers to take all related actions necessary or appropriate to carry out the purposes of this article. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen / Department of Public Works October 18, 2016 Voted: That the portion of the layout of Sealtest Drive that was abandoned and discontinued pursuant to the vote under Article 35 of the 2016 Annual Town Meeting on April 26, Town Meeting319 Town of Framingham2016 Annual Town Report 2016 pursuant to Chapter 82 of the General Laws, which portion is shown on a plan or plans on file in the Office of the Town Clerk be disposed of; Further, that the Board of Selectmen be au the fee in the abandoned and discontinued portion of Sealtest Drive, and that the Board of Selectmen and town officers be authorized to take all related actions necessary or appropriate to carry out the purposes of this article. Pass unanimously. A5 RTICLE To see if the Town will vote to hear a report of the Board of Selectmen relative to the laying out, the widening of, or the alteration to, and acceptance of, the following streets pursuant to Chapter 82 of the General Laws as affected by Chapter 410 of the Acts of 2014; and to see if the Town will vote to accept said streets or the widening or alteration of said streets as public ways, as laid out by the Board of Selectmen and as shown on a plan or plans on file in the Office of the Town Clerk: DiTullio DriveMajor Hale Drive A. extending from to its terminus; Hancock LaneDiTullio Drive B. extending from to its terminus; Eaton Pines LaneEaton Road C. extending from to its terminus; Rolling DriveLanewood Avenue D. extending from to its terminus; and a Portion of Pierce Street E. extending from the layout of Ordway Street dated May 4, 1999 to the layout of Pierce Street dated June 24, 1959; And, further, to authorize the Board of Selectmen to acquire by gift, purchase, eminent domain, or otherwise, and to accept a deed or deeds to the Town of a fee simple interest or easements in any land necessary for said laying out and any associated drainage, utility or other easements for said streets, and to authorize the Board of Selectmen and Town officers to take all related actions necessary or appropriate to carry out the purposes of this article. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen / Department of Public Works October 18, 2016 Voted: That a report of the Board of Selectmen be heard relative to the laying out and acceptance of DiTullio Drive, Hancock Lane, Eaton Pines Lane, Rolling Drive and a portion of Pierce Street pursuant to Chapter 82 of the General laws as affected by Chapter 410 of the Acts of 2014; and that the Town accept said streets as public ways, as laid out by the Board of Selectmen and as shown on plans on file in the Office of the Town Clerk. Further, that the Board of Selectmen be authorized to acquire by gift, purchase, eminent domain, or otherwise, and to accept a deed or deeds to the Town for a fee simple interest or easements in any land necessary for said laying out, and any associated drainage, utility or other easements for said streets, and that the Board of Selectmen and town officers be authorized to take all related actions necessary or appropriate to carry out the purposes of this article. A6 RTICLE Town Meeting320 Town of Framingham2016 Annual Town Report To see whether the Town Meeting will approve the appropriation of $100,000.00 to fund an engineering study of the municipal sewer system in the Northwest Quadrant of the Town of Framingham being that section of the Town of Framingham described as follows: Bounded to the north by the Town of Sudbury, Bounded to the east by Edgell Road; Bounded to the south by the Interstate 90 and Pleasant Street; Bounded to the west by the Town of Southborough and the City of Marlborough, dated September 20, 2016, prepared by Stantec for the purposes of evaluating the current and future: capacity of the existing sewer system serving the Northwest Quadrant; wastewater flows and downstream effects; need for pump station(s); preferred sewer main(s) configuration and connection point(s); required easements for sewer mains and pump stations; necessary sewer system improvements and design taking into account subsurface conditions and interests in real estate; and construction costs. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen / Department of Public Works October 18, 2016 Voted: That this article be referred back to Sponsor. A7 RTICLE To see if the Town will vote to establish a new Disability Commission Education and Training Revolving Fund as defined by Mass General Laws Chapter 44, Section 53E ½ for Fiscal Year 2017 beginning July 1, 2016; for the purpose of collecting revenues for the purposes of providing educational trainings, seminars or workshops for the benefit of the Town and the community, hosted by the Disability Commission. Such funds to be used for conducting and/or attending such training. Anticipated revenue collections for FY16 are $10,000. Funds are to be managed by the Disability Commission. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer October 19, 2016 Voted: That the Town establish a new revolving fund as defined by MGL, Chapter 44, Section 53E ½ for FY17 beginning July 1, 2016 as follows: FundManagerPurposeFY17SpendingDisposition CeilingofFY16Fund Disability Disability To receive registration fees for providing $10,000 Commission Commission educational training, seminars and Education workshops, and any related expenses, and and Training authorize the expense of funds for attending Fund or conducting training, for the benefit of the Town and disabled community. A8 RTICLE Town Meeting321 Town of Framingham2016 Annual Town Report To see if the Town will vote to appropriate the proceeds of any insurance policy reimbursements of costs incurred as a result of any covered loss, including without limitation any liability insurance, disability insurance, automobile insurance, police and fire injury and medical costs, and any other insurance of any name and nature whatsoever. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer October 18, 2016 Voted: That the Town appropriate $483,678.69 from the Receipt Reserve for Appropriation of Insurance Proceeds Greater than $20,000 to the School Department budget for reimbursement of a portion of the costs incurred to repair damage to the McCarthy School and appropriate $117,498.17 from the Receipt Reserve for Appropriation of Insurance Proceeds Greater than $20,000 to the Library budget for reimbursement of a portion of the costs incurred to repair damage to the Main Library. A9 RTICLE To see if the Town will vote to authorize payments of unpaid bills of prior years of the Town to be paid from the Fiscal Year 2017 departmental budgets in which they were incurred. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer October 19, 2016 Voted: That the Town authorize payment of the following unpaid bills of prior years of the Town. These bills are to be paid from the FY2017 departmental budget in which they incurred. School Department Fitchburg State University $ 1,530.00 School Department David Powell $ 132.00 A10 RTICLE To see if the Town will vote to transfer the sum of $4,378.00 from the handicapped parking fines receipt for appropriation fund, for expenditure by the Disability Commission on projects for the benefit of persons with disabilities. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer / Disability Commission October 18, 2016 Voted: That the Town transfer the sum of $4,378.00 from the handicap parking fines receipt reserved for appropriation fund, to be expended by the Disability Commission on projects for the benefit of people with disabilities. A11 RTICLE To see if the Town will vote to appropriate $12,000 for off-site mitigation improvements or as otherwise agreed upon by the Town of Framingham Planning board and Project Applicant(s) pursuant to recorded Planning Board decision(s) for 88 Blandin Avenue, dated April 8, 2002; to be Town Meeting322 Town of Framingham2016 Annual Town Report managed by the Town Manger or designee in consultation with the Planning Board and consistent with said decision(s). Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer October 18, 2016 Voted: That the Town appropriate $12,000 of off-site mitigation funds for the construction of pedestrian and bicycle improvements relative to or as otherwise agreed upon by the Town of Framingham Planning Board and Project Applicant(s) pursuant to recorded Planning Board decision(s) for the immediate area of 88 Blandin Avenue, dated April 8, 2002; to be managed by the Town Manager or designee in consultation with the Planning Board and consistent with said decision(s). A12 RTICLE To see if the Town will vote to approve collective bargaining agreements for unions if they settle in advance of Town Meeting. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer / Human Resources October 18, 2016 Voted: That this article be referred back to Sponsor with concurrence of the Sponsor. A13 RTICLE To see if the Town will vote to approve the Compensation & Classification Plan for Non-Union Municipal Employees and adopt the corresponding Salary Schedules. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer / Human Resources October 27, 2016 Voted: That the Town amend the Personnel Bylaw of the Town by adopting the Compensation & Classification Plan for Non-Union Municipal Employees and associated Salary Schedule, as provided in the background material and attached. Further, that the Town appropriate $293,092 as follows: Public Works Division $50,395 Library $ 8,391 Planning Board $ 9,780 Town Clerk/Elections $ 9,214 General Government $37,596 Parks Division $25,662 Finance Division $64,414 Public Health $ 5,808 Inspectional Services $14,767 Economic Development $11,722 Technology Division $ 8,865 Human Resources $18,781 Town Meeting323 Town of Framingham2016 Annual Town Report Fire $ 7,449 Police $20,248 101 voting in favor, 6 opposed. A13ATCO RTICLE TTACHMENT ON FILE AT OWN LERKSFFICE A13AM/A RTICLE DDITIONAL OTIONSMENDMENTS October 27, 2016 Failed: I move to return Article to Sponsor, the Human Resources Department. Gerald L. Bloomfield, Precinct 1 November 1, 2016 Failed: I move reconsideration of Article 13. Deborah Butler, Precinct 7 A13RA RTICLE ESOLUTION October 27, 2016 Failed: Be it resolved that a preference in hiring decision shall be given to residents of Framingham. Deborah Butler, Precinct 7 A14 RTICLE To see if the Town will vote to approve the FY2017 COLA for Non-Union Municipal Employees and further, adopt any necessary changes to the corresponding Salary Schedules. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer / Human Resources October 27, 2016 Voted: That Article 14 be referred back to Sponsor with the concurrence of the Sponsor. A15 RTICLE To see if the Town will vote to raise and appropriate or transfer from available funds for the FY2017 General Fund Operating Budget. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer October 27, 2016 Voted as amended: That the Town raise and appropriate or transfer from available funds $435,160 as follows: School Department$182,000 Fire Department$151,000 Library$ 31,000 Town Meeting324 Town of Framingham2016 Annual Town Report Miscellaneous/Unclassified Salary Reserve$ 29,900 Capital Stabilization Fund$ 23,760 Charter Commission$ 17,000 Framingham Amateur Radio Assoc. (FARA)$ 500 Further, that $93,341 be transferred as follows: TransferToFrom Planning Board (PT Salary)$12,141 Technology Services (PT $12,141 Salary) Selectmen/Town Manager $81,200 (Salary) Technology Services$81,200 TOTAL$93,341$93,341 Further, that the Transfer from Free Cash voted at the 2016 Annual Town Meeting be reduced to support the FY2017 General Fund Operating Budget by $600,000. Unanimously passed. A15AM/A RTICLE DDITIONAL OTIONSMENDMENTS October 27, 2016 Failed: I move to amend Article 15 reducing it by $128,000 dollars. Gerald L. Bloomfield, Precinct 1 ------------------------------------------------------------------------------------------------------------------------- October 27, 2016Failed: I move to reduce the Charter Commission New Appropriation to zero dollars. Kevin P. Crotty, Precinct 7 ------------------------------------------------------------------------------------------------------------------------- October 27, 2016Passed: I move to amend Article 15 to include a $500 appropriation for the Framingham Amateur Radio Assoc. (FARA). Audrey Hall, Precinct 3 A16 RTICLE To see if the Town will vote to supplement the existing $5.66 million capital authorization for the Loring Arena renovation project. Town Meeting325 Town of Framingham2016 Annual Town Report Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer October 19, 2016 Voted: That the Town to raise and appropriate, transfer from available funds or borrow the sum of $388,700 for the project known as Loring Arena Renovations, to be spent under the direction of the Town Manager or his designee, and further, that the Town Manager shall be allowed to exceed the appropriation for individual capital projects to be spent under his direction as long as the total amount to be spent does not exceed the total amount appropriated and that such adjustments are in compliance with M.G.L., Chapter 44 for the purpose of the design and construction, including any related engineering, personnel and legal services; And, further, that the Board of Selectmen be authorized to acquire by gift, purchase or eminent domain, permanent easements and temporary construction easements or other interests in land for said projects, and further that the Board of Selectmen be authorized to take all actions necessary to carry out the purposes of this article. And, further, that the Treasurer be authorized, with the approval of the Board of Selectmen, to issue from time to time bonds or notes in the amount of $388,700 pursuant to the provisions of M.G.L., Chapter 44, Section 7 and 8 or any other enabling authority. 93 voting in favor, 20 opposed A16RA RTICLE ESOLUTION October 19, 2016 Failed: Be it resolved that the Town Manager verify all existing building and oper excellent condition with a long remaining life cycle anticipated. Also, that the 5 percent contingency bid price be the be all and end all of any unforeseen work to complete the entire Loring Arena Project as now presented and all of this be fully documented prior to any contracts being signed. Gerald L. Bloomfield, Precinct 1 A16RB RTICLE ESOLUTION October 19, 2016 Failed: Be it resolved that to defray costs above the previously approved amount to secure a bid to renovate Loring Arena, Town Meeting authorize the Town Manager or appointee(s) to offer corporations naming rights to Loring Arena. Laura Keith, Precinct 17 A17 RTICLE To see if the Town will vote to appropriate, borrow or transfer from available funds, an amount of money to be expended under the direction of the School Building Committee for a feasibility study for potential renovations and additions or full replacement to Fuller Middle School, 31 Flagg Drive, Framingham, MA, for which feasibility study the Town may be eligible for a grant from the -entitlement, discretionary program based on need, as determined by Town Meeting326 Town of Framingham2016 Annual Town Report the MSBA, and any costs the Town incurs in connection with the feasibility study in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer October 20, 2016 Voted: That the Town appropriate the amount of One Million Dollars ($1,000,000) for the purpose of paying costs of a Fuller School Feasibility Study at the Fuller School Site located at 31 Flagg Drive, Framingham, Massachusetts, including the payment of all costs incidental or related thereto, and for which the Town may be eligible for a grant from the under the direction of the Framingham School Building Committee. To meet this appropriation, the Treasurer, with the approval of the Board of Selectmen be authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, or pursuant to any other enabling authority. The Town -entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Feasibility Study Agreement that may be executed between the Town and the MSBA. Unanimously passed. A18 RTICLE To see if the Town will vote to rescind various authorized, but unissued borrowing vote of the town. Pass any vote or take any action relative thereto. Sponsor: Chief Financial Officer October 18, 2016 Voted: That the following various authorized, but unissued borrowing votes of the Town be rescinded: AMOUNT TO TOWN BE MEETINGPROJECT #ARTICLERESCINDED May 2013323295/13 ATM A18BB Fuller/Farley MSBA Feasibility Study$400,000 A19 RTICLE To see if the Town will hear a report from the Town Manager presenting an assessment of the advice to the Town Manager on the amount of the maximum increase in the property tax levy which should be used in preparing the Fiscal Year 2018 budget for the Town to be presented at the 2017 Annual Town Meeting; or act in relation thereto. Pass any vote or take any action relative thereto. Sponsor: Town Manager October 20, 2016 Voted: That the Town hear a report from the Town Manager presenting an Town Meeting327 Town of Framingham2016 Annual Town Report advice to the Town Manager on the amount of the amount of the maximum increase in the property tax levy which should be used in preparing the Fiscal Year 2018 budget for the Town to be presented at the 2017 Annual Town Meeting. A20 RTICLE To see if the Town will vote to appropriate funds needed to secure a temporary boiler to keep the Danforth Building habitable until September 2017. (D. Butler) October 20, 2016 Voted: That this article be referred back. A20AM/A RTICLE DDITIONAL OTIONSMENDMENTS October 20, 2016 Not voted on due to refer back: I move that the Town vote to appropriate funds needed to secure a temporary boiler to keep the Danforth Building habitable until September 2017. Deborah Butler, Precinct 7 ------------------------------------------------------------------------------------------------------------------------- October 27, 2016 Failed: I move reconsideration of Article 20. Deborah Butler, Precinct 7 A21 RTICLE To see if the Town will vote to amend the General By-laws of the Town, Article VII, Section 5.7, 5.7.1, numbers 22 and 25 to read as follows: 22.The Whitney-Wiggins House, 10 Auburn Street, built 1826 25.The Train-Vernon House, 20 Vernon Street, c. 1848 Pass any vote or take any action relative thereto. Sponsor: Historic District Commission October 18, 2016 Voted: That the General Bylaws of the Town, Article VII, Section 5.7, amending Section 5.7.1, numbers 22 and 25 to read as follows: 22.The Whitney-Wiggins House, 10 Auburn Street, built 1826 25.The Train-Vernon House, 20 Vernon Street, c. 1848 89 voting in favor, 6 opposed, 4 abstentions. Approved by the Attorney General on March 3, 2017. A22 RTICLE To see if the Town will vote to amend the General By-laws of the Town, Article VII, Section 5, by amending Section 5.2 to establish a new Historic District to be known as the Pike-Haven-Foster Town Meeting328 Town of Framingham2016 Annual Town Report House Historic District bounded and described as shown on the map e-Haven-Foster -Haven- the following property to be listed in that district: 1.The Pike-Haven-Foster House, 161 Belknap Road Pass any vote or take any action relative thereto. Sponsor: Historic District Commission October 19, 2016 Voted: That the General Bylaws of the Town, Article VII, Section 5 be amended by amending Section 5.2 to establish a new Historic District to be known as the Pike-Haven-Foster - Haven-ty to be listed in that district: 7KH3LNH+DYHQ)RVWHU+RXVH%HONQDS5RDG Unanimously passed. Approved by the Attorney General on March 3, 2017. A23 RTICLE To see if the Town will vote to amend the General By-laws of the Town, Article VII, Section 5, by amending Section 5.2 to establish a new Historic District to be known as the H. H. Richardson Depot t of the Town; and by adding a new Section following property to be listed in that district: 1.The H. H. Richardson Depot and Luggage House, 417 Waverly Street Pass any vote or take any action relative thereto. Sponsor: Historic District Commission October 19, 2016 Voted: That the General Bylaws of the Town, Article VII, Section 5 be amended by amending Section 5.2 to establish a new Historic District to be known as the H. H. Richardson 1. The H. H. Richardson Depot and Luggage House, 417 Waverly Street Unanimously passed. Approved by the Attorney General on March 3, 2017. A24 RTICLE To see if the Town will vote to amend the General By-laws of the Town, Article VII, Section 5, Historic Districts 5.8.1, by adding unde - Vacant Lot, 56 Pleasant Street - Vacant Lot, 204 Pleasant Street - Vacant Lot, 205 Pleasant Street Town Meeting329 Town of Framingham2016 Annual Town Report Pass any vote or take any action relative thereto. Sponsor: Historic District Commission October 19, 2016 Voted: That the General Bylaws of the Town , Article VII, Section 5, Historic 38. Vacant Lot, 56 Pleasant Street 39. Vacant Lot, 204 Pleasant Street 40. Vacant Lot, 205 Pleasant Street Unanimously passed. Approved by the Attorney General on March 3, 2017. A25 RTICLE To see if the Town will vote to amend the Framingham General By-Law Article VI, Section 10.6.2 Curb Cuts as presented in the background information of the Fall Special Town Meeting Warrant book. Pass any vote or take any action relative thereto. Sponsor: Planning Board October 25, 2016 Voted: That the Framingham General Bylaw be amended by amending Article VI, - text is underlined and deleted text is stricken through), as shown in the attached document. Approved by the Attorney General on March 3, 2017. A25AFTCO RTICLE TTACHMENT ON ILE AT OWN LERKSFFICE A26 RTICLE To see if the Town will vote to amend the Framingham Zoning Map to add the Corporate Mixed-use I District and the Corporate Mixed-use II Zoning District, as presented in the background information of the Fall Special Town Meeting Warrant book. Pass any vote or take any action relative thereto. Sponsor: Planning Board October 25, 2016 Voted: That Article 26 be referred back to its Sponsor. A26-A RTICLE TTACHMENT CURRENT PROPOSED PARCEL ID ADDRESS ZONING ZONING Notes 095-83-4571 0 PLEASANT ST CONN M CMU I Town Meeting330 Town of Framingham2016 Annual Town Report 095-92-1953 100 CROSSING BLVD M-1 & B CMU I 095-92-8682 100 STAPLES DR M-1 & B CMU I 11 PLEASANT ST 095-83-5616 CONN M CMU I 105-81-6817 149 CROSSING BLVD M-1 CMU I 15 PLEASANT ST 095-83-3846 CONN TP CMU I 095-82-8750 150 CROSSING BLVD M-1 CMU I 096-02-2602 150 GATES ST M-1 CMU I 16 PLEASANT ST 095-83-2486 CONN M CMU I 096-23-0526 1651 WORCESTER RD M CMU II 096-13-4150 1656 WORCESTER RD B CMU II 096-13-2133 1660 WORCESTER RD B CMU II 096-13-3582 1661 WORCESTER RD M CMU II 096-13-1688 1667 WORCESTER RD M CMU II 096-13-0068 1668 WORCESTER RD B CMU II 096-03-8130 1670 WORCESTER RD B CMU II 096-03-8595 1671 WORCESTER RD M CMU II 096-03-4041 1672 WORCESTER RD B CMU II 096-03-5415 1699 WORCESTER RD M CMU II 096-03-3359 1701 WORCESTER RD M CMU II 095-82-3492 175 CROSSING BLVD M-1 CMU I B & small sliver of 095-93-9181 1800 WORCESTER RD M-1 CMU II 095-92-3565 1824 WORCESTER RD M-1 & B CMU I 095-93-5200 1830 WORCESTER RD B CMU I Town Meeting331 Town of Framingham2016 Annual Town Report 095-93-4004 1832 WORCESTER RD M-1 & B CMU I 095-93-3138 1834 WORCESTER RD B CMU I 096-03-0525 1891 WORCESTER RD M CMU II 1898RR WORCESTER 095-72-5051 RD M-1 CMU I 1898RR WORCESTER 105-70-1819 RD M-1 CMU I 1898RR WORCESTER 105-71-2395 RD M-1 CMU I 1900R WORCESTER 105-71-6310 RD M-1 CMU I 1900RR WORCESTER 095-72-8721 RD M-1 & B CMU I 096-03-5657 2 CALIFORNIA AVE M CMU II 095-82-5945 200 CROSSING BLVD M-1 CMU I 095-92-9352 200 STAPLES DR M-1 & B CMU I 105-71-9725 225 CROSSING BLVD M-1 & B CMU I 096-02-2181 400 STAPLES DR M-1 CMU I 105-80-8966 500 STAPLES DR M-1 CMU I 095-83-5965 86R NEW YORK AVE TP CMU I 095-83-6715 9 PLEASANT ST CONN TP CMU I CMU I /CMU 095-93-8362 M, M-1, B, NONE II Only the portion that runs from the Southborough Town Line to the Mass M, R-1, R-3, R-4, CMU I/ CMU 097-33-3914 TurnPike TP, NONE II Town Meeting332 Town of Framingham2016 Annual Town Report Town Meeting333 Town of Framingham2016 Annual Town Report A26AM/A RTICLE DDITIONAL OTIONSMENDMENTS October 25, 2016 Not voted on due to refer back: I move that Town Meeting amend the Framingham Zoning Map to add the Corporate Mixed-use I District and the Corporate Mixed-use II Zoning District, as shown in the attached document. Kevin P. Crotty, Precinct 7 ------------------------------------------------------------------------------------------------------------------------- November 1, 2016 Failed: I make the motion to reconsider Article 26. Judith Grove, Precinct 15 A27 RTICLE To see if the Town will vote to amend the Framingham Zoning By-Law by: adding new language and modifying existing language in Section I.D.8; amending existing sections of Section I.E. Definitions related to consistency and clarification; amending the citations in Section II.D for consistency; renumbering Section II.I.; amending Section IV.B.a, IV.B.3.c, IV.B.4.b. IV.B.5.a for clarification, consistency, and renumbering; adding a new section IV.B.5.b related to parking structures; amending Section IV.E.2 Table of Dimensional Regulations related to clarification, consistency, and Building Height clarification; amending Section V.J.4 for spelling; amending Section V.L.1.e and V.M.1.f for consistency; amending Section V.L.2.b.i and V.M.2.b.i for clarification; amend Section V.L.3.a and V.M.3.a for consistency related to Maximum Building Height; amending Appendices 2, 3, 4, 5, 8, 9, 10, and 11 by deleting dated language and replace with a reference directing to the Framingham General By-Laws, all of which is set forth in the background materials, which show those portions of the Zoning By-Law to be deleted, changed, or - presented in the Fall Special Town Meeting Warrant book. Pass any vote or take any action relative thereto. Sponsor: Planning Board October 25, 2016 Voted with amendment: That the Town amend the Framingham Zoning Bylaw, - is stricken through) by: (1) adding new language and modifying existing language in Section I.D.8; (2) amending existing sections of Section I.E. Definitions related to consistency and clarification; (3) amending the citations in Section II.D for consistency; (4) renumbering Section II.I.; (5) amending Section IV.B.2, IV.B.3.c, IV.B.4.b. IV.B.5.a for clarification, consistency, and renumbering; (6) adding a new section IV.B.5.b related to parking structures; (7) amending Section IV.E.2 Table of Dimensional Regulations related to clarification, consistency, and Building Height clarification; (8) amending Section V.J.4 for spelling; (9) amending Section V.L.1.e and V.M.1.f for consistency; (10) amending Section V.L.2.b and V.M.2.b for clarification; and (11) amending Appendices 2,3,4,5,8,9,10 and 11 by deleting dated language and replace with a reference directing to the Framingham General Bylaws, as shown in the attached document. 109 voting in favor, 5 opposed. Town Meeting334 Town of Framingham2016 Annual Town Report Approved by the Attorney General on March 3, 2017. A27ATCO RTICLE TTACHMENT ON FILE AT OWN LERKSFFICE A27AM/A RTICLE DDITIONAL OTIONSMENDMENTS October 25, 2016 Failed: I move that Article 27 be referred back because a large amount of paperwork on this article was put on the table tonight and there are differences between what was passed out tonight and what we previously received. Jeanne Bullock, Precinct 5  October 25, 2016 Passed: I move that the main motion under Article 27 be amended as follows: 1.In the chart on pages 85 and 86 (Section IV.E.2) of the Zoning Bylaw, for each zoning district on the chart, continue to indicate the maximum number of stories that a building can have using the current maximum story numbers in the bylaw. Stephen Shull, Precinct 2 A28 RTICLE To see if the Town will vote to amend the Framingham Zoning By-Law Section II A. Use Regulations, Classes of Districts to add Section II.A.9.a Corporate Mixed-use District I (CMU I) and II.A.9.b. Corporate Mixed-use District II (CMU II); to amend the Section II.B Table of Uses to add a Corporate Mixed-use District I (CMU I) and a Corporate Mixed-use District II (CMU II); to add a new Section II.J Use Regulations (Corporate Mixed-use I & II Districts); to amend Section IV.E Dimensional Regulations to add the new Corporate Mixed-use District I (CMU I) and a Corporate Mixed-use District II (CMU II); and to amend Section VI.G.1. related to the CMU I and CMU II, as presented in the background information of the Fall Special Town Meeting Warrant book. Pass any vote or take any action relative thereto. Sponsor: Planning Board October 25, 2016 Voted: That Article 28 be referred back to its Sponsor. A28ATCO RTICLE TTACHMENT ON FILE AT OWN LERKSFFICE A28AM/A RTICLE DDITIONAL OTIONSMENDMENTS November 1, 2016 Failed: I make the motion to reconsider Article 28. Judith Grove, Precinct 15 A29 RTICLE To see if the Town will vote to amend the Framingham Zoning By-Law by deleting the Mixed-use and Mixed-use Complex definitions and replacing with two new Mixed-use Building and Mixed-use Complex definitions in Section I.E. Definitions; and further deleting the existing Section V.G. Town Meeting335 Town of Framingham2016 Annual Town Report Mixed-use By-Law and replacing it with a new Section V.G. Mixed-use By-law, as presented in the background information of the Fall Special Town Meeting Warrant book. Pass any vote or take any action relative thereto. Sponsor: Planning Board October 18, 2016 Voted: That Article 29 be referred back to Sponsor. A30 RTICLE To see if the Town will vote to amend the Framingham Zoning By-Law by adding new definitions to Section I.E. related to the Land Disturbance and Stormwater Management By-Law; and further deleting the existing Section V.F. Land Disturbance By-Law and replacing it with a new Section V.F. Land Disturbance and Stormwater Management By-Law, as presented in the background information of the Fall Special Town Meeting Warrant book. Pass any vote or take any action relative thereto. Sponsor: Planning Board October 25, 2016 Voted: That the Framingham Zoning Bylaw be amended with deleted, changed, - by: (1) adding new definitions to Section I.E. related to the Land Disturbance and Stormwater Management Bylaw; and (2) further deleting the existing Section V.F. Land Disturbance Bylaw and replacing it with a new Section V.F. Land Disturbance and Stormwater Management Bylaw, with background information as attached. 116 voting in favor, 1 opposed. A30-A RTICLE TTACHMENT Motion Article 30: Amend the Framingham Zoning By-law Special Permit for Land Disturbance and Stormwater Management I move that Town Meeting vote to amend the Framingham Zoning By-Law - underlined and deleted text is stricken through) by: (1) adding new definitions to Section I.E. related to the Land Disturbance and Stormwater Management By-Law; and (2) further deleting the existing Section V.F. Land Disturbance By-Law and replacing it with a new Section V.F. Land Disturbance and Stormwater Management By-Law, with background information as attached. ^ƉŽŶƐŽƌ͗WůĂŶŶŝŶŐŽĂƌĚ ARTICLE LANGUAGE SI.ED ECTION EFINITIONS Town Meeting336 Town of Framingham2016 Annual Town Report Best Management Practice (BMP): The use of structural, nonstructural, or vegetative measures designed to reduce erosion, control the movement of sedimentation, decrease peak storm material discharge, and/or improve the quality of stormwater runoff as well as maintain Stormwater Management Handbook and any other applicable local regulations. Disturbed Area: Disturbance to an area and/or soils where the existing condition has been or is proposed to be altered. Erosion: is detached and moved away by the action of water, wind, ice, gravity or other natural environmental means. Fill: Any Fill used in connection with a project shall be clean Fill and shall not contain any hazardous waste material, trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, asphalt, concrete, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. Low Impact Development (LID): A system and/or practice that uses and/or mimics natural processes that result in the infiltration, evapotranspiration, and/or use of stormwater and precipitation in order to protect water quality while maintaining the natural hydrology of a site. Surface flows and groundwater recharge are the key aspects of LID that consider quantity as well as quality. LID is often referenc weather flows that employ these processes and refers to the patchwork of natural areas that provide habitat, flood protection, cleaner air and water. Both LID and green infrastructure practices aim to preserve, restore, and create green space using soils, vegetation, and/or rainwater harvest techniques. Examples of LID and green infrastructure include but are not limited to the following: bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements. SV.F.Land Disturbance and Stormwater Management ECTION 1. Purpose and Intent The purpose of the Land Disturbance and Stormwater Management (LDSM) By-Law is to provide a thorough review of construction, development, and/or redevelopment projects that have the potential to adversely impact natural resources, man-made structures, abutting -Law shall be designed so as not to impact water quality, or surface flows; shall protect all properties, storm drainage systems, public roadways, natural water bodies from potential flooding, overloading, and/or clogging resulting from development; and shall not cause any significant alteration to topography or significant clearing of land. Moreover, projects shall be designed so as not to create adverse conditions during or after construction that would alter and/or destroy aquatic or wildlife habitat, and/or cause environmental degradation. This By-Law shall provide review and oversight of the following, as applicable: a.Stormwater Management (Section V.F.3.a) b.Topographical Alterations (Section V.F.3.b) Town Meeting337 Town of Framingham2016 Annual Town Report c.Tree Removal (Section V.F.3.c) d.Earth Removal and Fill (Section V.F.3.d) The intent of the LDSM By-Law is to ensure that development projects incorporate and utilize Best Management Practices (BMP) and Low Impact Development (LID) techniques to the maximum extent feasible. All development and/or redevelopment projects shall be designed to ensure the following: a.Protection of surface and groundwater resources, wetlands, and vernal pools; b.Infiltration, recharge, and on-site management of stormwater on-site; c.Management of erosion, stormwater runoff, and sedimentation through BMPs and LID techniques; d.Minimization of alteration to the natural topography to the maximum extent possible; e.Control and proper site management of construction waste such as discarded building material; concrete truck washout; limiting on-site idling, fueling, and maintenance of construction equipment/vehicles; chemicals; litter; and sanitary waste during and post-construction; f.Compliance that exceeds the regulations set forth in federal, state, and local statutes and those regulations that relate to stormwater discharge and management and include but are not limited to the following: the Massachusetts Department of Environmental Protection (MassDEP) Stormwater Management Standards. The revised Stormwater Management Standards have been incorporated in the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k) and the Water Quality Certification Regulations, 314 CMR 9.06(6)(a); Massachusetts Stormwater Handbook (http://www.mass.gov/eea/agencies/massdep/water/regulations/massachusetts- stormwater-handbook.html), as amended; the NPDES Municipal Separate Storm Sewer System (MS4) regulations; and local regulations set forth by the Department of Public Works (DPW); and g.Protection of local hydrologic conditions, sensitive areas of land and water, natural areas and topographical features, and unique topography, in addition to the protection of wells and wetlands on-site and abutting properties. a.Purpose The purpose of this by-law is to protect natural resources including but not limited to land, water, wetlands, trees and vegetation, wildlife, and scenic vistas and historic resources and to prevent or minimize the negative impacts of Erosion, Sedimentation, Clearing, Earth Removal and Fill, Earth Moving and Stormwater Runoff both on and off of the project site. b.Definitions Best Management Practice (BMP): A structural, nonstructural, or vegetative measure which reduces Erosion, Sediment, peak storm discharge, and/or improves the quality of Stormwater Runoff as described in the Stormwater Management Handbook and any other applicable local regulations. Town Meeting338 Town of Framingham2016 Annual Town Report Clearing: Removal or causing to be removed or destroyed, through either direct or be Clearing include, but are not limited to: causing irreversible damage to roots or trunks; destroying the structural integrity of vegetation; and/or any Filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage. Diameter Breast Height (DBH): The diameter of the trunk of a tree four and a half feet Disturbed Area: An area, man-made or natural, where the existing condition has been or is proposed to be altered. Earth Fill: The addition of earth materials to a Lot or parcel, including but not limited to, sand, gravel, stone, soil, loam, sod, clay and mineral products. Earth Moving: The addition, removal or relocation of earth materials within the boundaries of a Lot or parcel, including but not limited to, sand, gravel, stone, soil, loam, sod, clay and mineral products. Earth Removal: The removal of earth materials from a Lot or parcel, including but not limited to, sand, gravel, stone, soil, loam, sod, clay and mineral products. Erosion: fragment, is detached and moved away by the action of water, wind, ice, gravity or other natural means. Fill: Any Fill used in connection with this project shall be clean Fill and may not contain any trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, asphalt, concrete, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. Hazardous Tree: A tree with a structural defect or disease, or that impedes safe sight distance or traffic flow, or otherwise currently poses a threat to life or property as verified by a certified arborist or Town Tree Warden. Landscaping: Improvements made to a Lot or parcel through treatment of the ground surface with planting materials including but not limited to trees, shrubs, grass, ground cover or other growing horticultural material, as well as wood chips, stone or decorative rock. Lot: For the purposes of this Land Disturbance By-Law, Lot shall be defined as an area of land in one ownership, with definite boundaries ascertainable by recorded deed or recorded plan and not divided by a public street or public way, including land under the control of the same person and land under the ownership of related or jointly owned entities, in existence as of the effective date of this Land Disturbance By-Law. Sediment: Solid material, whether mineral or organic, that is in suspension, is transported or has been moved from its site of origin by Erosion. Significant Forest Community: Unfragmented forests including forest types that provide habitat for rare species, unusual ecological processes, highly diverse forest communities, rare forest types, and those forest types which maintain connections between similar or different habitat areas. Town Meeting339 Town of Framingham2016 Annual Town Report Slope: Any elevation change across a horizontal distance of one hundred feet, as measured perpendicular to the contour line. For Lots lacking a horizontal distance of one hundred feet, the Slope will be calculated as any elevation change across a horizontal distance of fifty feet, as measured perpendicular to the contour line. Soil Disturbance: Clearing, grading, regrading, excavation, stockpiling or Filling of six inches or more. Specimen Tree: A native, introduced or naturalized tree which is important because of its impact on community character, its significance in the historic or cultural landscape or its value in enhancing the effects of wildlife habitat. Any tree with a diameter of eighteen inches at DBH or larger is presumed to be a Specimen Tree. Trees that have a small height at maturity or are slow growing, such as Flowering Dogwood or American Holly, with a diameter of six inches at two feet above the ground or larger are presumed to be considered Specimen Trees. Stabilization: The elimination and prevention of Erosion. Stormwater Management Handbook: prepared by the Massachusetts Department of Environmental Protection and the Massachusetts Office of Coastal Zone Management as the same may be from time to time revised. Stormwater Runoff: Water from precipitation or snow melt that does not evaporate or infiltrate into the ground. 2.Applicability and Procedure a.Land Use Activities Requiring Review The LDSM By-Law shall apply to the following construction, development, and/or redevelopment projects: i.The disturbance of land area equal to or greater than one acre; ii.The disturbance of land as part of a larger common plan of development with a total disturbance area equal to or greater than one acre; iii.The clearing of land that results in 50 percent or more of the lot being cleared of trees. Lots with an area of 20,000sf or less shall be exempt from this requirement; and/or iv.Construction, development, and/or redevelopment activities that occur within a IV.E.3.e. b.Land Use Activities Exempt from Review The following construction, development and/or redevelopment projects shall be exempt from the LDSM By-Law, but not exempt from other laws, regulations, and by-law of the Town: i.Any normal maintenance of Town owned public lands, ways, and/or appurtenances. ii.Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways, (including widening less than a single lane, Town Meeting340 Town of Framingham2016 Annual Town Report adding shoulders, correcting substandard intersections, improving existing water, sewer or drainage systems, and repaving projects). iii.Activities undertaken in connection with an existing public athletic field; the management of Town-owned park or cemetery; or the management and operation of a golf course. iv.Work in connection with an agricultural use classified under M.G.L. c. 61A, including: planting, cultivating harvesting, and/or the raising and/or caring of animals; agricultural operations in accordance with an approved Natural Resource Conservation Service Agricultural Plan; agricultural uses on parcels of land of more than five acres as specified in M.G.L. c. 40A, Section 3; and/or the harvesting of trees on a property classified and good standing under M.G.L. c. 61 and in accordance with a forest management plan or cutting plan as set forth in M.G.L. c. 61, Section 1. v.Activities conducted in accordance with a Forest Stewardship Plan approved by the Massachusetts Department of Conservation and Recreation. vi.Temporary work relative to emergency storm events or emergency repairs to any utilities (gas, water, sewer, electric, telephone, etc.), including situations that pose an immediate danger to life and/or property. vii.Construction of utilities (gas, water, sewer, electric, telephone, etc.) other than drainage, which will not alter terrain, ground cover, or drainage patterns. c.Minimum Standards The LDSM By-Law shall serve as the minimum standards for activities that fall under LDSM review. Applicants are expected to exceed these minimum standards through the use of BMPs, LID techniques, increased vegetation, the preservation of land, and/or development within previously disturbed areas. Furthermore, previously developed sites shall be expected to exceed existing conditions, in addition to minimum federal, state, and local standards for stormwater management, erosion, infiltration, sedimentation, and Total Suspended Solids (TSS). d.Permit Granting Authority and Permit Procedure The Planning Board shall be the SPGA for the LDSM By-Law. All applications subject to the LDSM By-Law shall follow the special permit procedures for an application submittal pursuant to Section VI.E, herein. e. Non-Avoidance by Phasing or Segmentation A construction, development and/or redevelopment project shall not be phased and/or segmented in such a manner so as to avoid compliance with the LDSM By-Law. The Planning Board shall not approve any application for construction, development, and/or redevelopment, where individual parcels and/or multiple parcels of land are held in common ownership (including ownership by related or jointly controlled persons or entities) with the intent to segment project phases. All phases of a project shall be considered as part of a single development project if located either on a single parcel or contiguous parcels of land that have been in the same common ownership at any time subsequent to the date of adoption of this Section V.F Land Disturbance and Stormwater Management. Town Meeting341 Town of Framingham2016 Annual Town Report i.Any project permitted under the Framingham Subdivision Rules and Regulations, which was not subject to review under the LDSM By-Law at the time it was permitted, shall be subject to review if at a later date such project is expanded and triggers any of requirements set forth in Section V.F.2.a. All phases of a project shall be considered to be a single development project. f. Submittal Requirements Applications for LDSM shall submit plan sets and supporting documentation in accordance with the requirements set forth in Article 24: Land Disturbance and Stormwater Management Documentation Submittal of the Framingham Planning Board Rules & Regulations. g. Waivers Strict compliance with the LDSM By-Law is required to the greatest extent feasible. The Planning Board may grant waivers for Land Disturbance and Stormwater Management Documentation Submittal and/or design standards, by a four-fifths vote, where such action is not inconsistent with the purposes of the LDSM By-Law or the other associated Regulations. c.Applicability (1) Land Disturbance Permit This By-Law shall apply to any proposed Land Disturbance activity on all existing Lots and new Lots created by plan as follows: (a) Any Soil Disturbance greater than 4,000 square feet on an existing or proposed Slope of more than fifteen percent (15%); (b) Any Earth Removal or Earth Fill of more than 400 cubic yards; (c) Any Earth Moving activity of more than 1,000 cubic yards; (d) 40,000 square feet, whichever square footage is less, but not including Lots with an area of 10,000 square feet or less. (2) Exemptions The provisions of this by-law shall not apply to the following activities: (a) Construction of walkways, patios, driveways, gardens, Landscaping, walls, swimming pools, or replacement of wells or septic systems on Lots having an existing dwelling providing the activity is on an existing or proposed Slope of fifteen percent (15%) or less; (b) Construction, reconstruction, maintenance or resurfacing of any public way or the installation of drainage structures or utilities within roadway layouts and easements, provided the activity is undertaken by the Town of Framingham, or the stockpiling of sand, gravel, stone, soil and salt at facilities operated by the Town of Framingham; (c) Activities undertaken in connection with the refurbishing of an existing athletic field, or with the management of town owned park, or with the management of privately owned lands held by non-profit conservation organizations, or in connection with the management and operation of golf courses; Town Meeting342 Town of Framingham2016 Annual Town Report (d) Activities undertaken in connection with any existing sand and gravel operation or similar enterprise where such activity is allowed by zoning, but shall not include expanded operations; (e) Work in connection with an agricultural use directly related to planting, cultivating or harvesting or the raising or care of animals, or conducted in accordance with an approved Natural Resource Conservation Service Agricultural Plan, or agricultural uses on parcels of land of more than five acres as specified in M.G.L. Ch. 40A, §3, or harvesting of trees on property under M.G.L. Ch. 61 approved by a State Forester; (f) Activities in accordance with the terms of an Order of Conditions issued by the Conservation Commission pursuant to M.G.L. Ch. 131 §40, or Framingham Wetlands Protection By-Law, Article V, §18 of the Framingham General By- Laws or mosquito control projects under the jurisdiction of the United States Army Corps of Engineers, except for land disturbance activities on uplands adjacent to a wetland resource area; (g) Removal of Hazardous Trees, as defined herein; (h) Removal of a tree following a tree removal public hearing, pursuant to the Public Shade Tree Act M.G.L. Ch. 87, when required; (i) Routine maintenance of vegetation, removal of dead or diseased limbs and/or trees necessary to maintain the health of cultivated plants, containment of invasive or noxious weeds and/or vines in accordance with a Department of Environmental Management (DEM) approved Forest Management Activities, or Conservation Commission Order of Conditions, or remediation of an identified fire or health hazard or threat to public safety or property; (j) Non-commercial cutting for fuel, provided that clear-cutting does not occur as provided herein. (3) Non-Avoidance of Provisions of By-Law The provisions of this By-Law shall apply to all Lots in existence on (May 2, 2007). Any segmentation or phasing of a development, or the subdivision or division of land subsequent to the effective date of this By-Law, unless otherwise exempted by law, shall be subject to and must comply with the provisions herein. All thresholds established in Section(c) of this By-Law shall be calculated based upon the Lot(s) in existence as of the effective date of this By-Law. The Planning Board shall not approve any Land Disturbance application if the land or parcels of land were deemed one Lot on the effective date of this By-Law or at any time subsequent thereto, except after considering the compliance of the entire Lot with the provisions of this By-Law. d.Special Permit Application and Procedure The Planning Board shall be the SPGA for the issuance of a Special Permit for Land Disturbance. Such special permit application shall be submitted, considered, and issued only in accordance with the provisions of this Section and M.G.L. Ch. 40A, § 9. Prior to filing an Application for Special Permit for Land Disturbance, potential Applicants are strongly encouraged to meet in a pre-application conference with the Planning Board to discuss the review process. (1) Any person who desires a Land Disturbance Special Permit shall submit a plan prepared and stamped by a Professional Engineer and a Professional Land Surveyor Town Meeting343 Town of Framingham2016 Annual Town Report each registered in the Commonwealth of Massachusetts, at a scale of one inch equals (a) North arrow, scale, and date; (b) Locus map showing the parcel in relation to the surrounding properties; (c) Name of record owner(s) of land shown on the plan; (d) Boundaries and existing and proposed topography of the property, including contours at a 2-foot interval, using (National Geodetic Vertical Datum 1929) NGVD29 as it may be updated from time to time and specifying NGVD29 on all elevation drawings, specifically indicating the areas on which the activity is proposed to occur, and clearly noting if the activity is on an area greater than 4,000 square feet or on Slopes 15% or greater; (e) The size and location of all existing and proposed buildings, structures, utilities, roads, driveways, parking areas, and areas of cut and fill on the site and the location of all structures on abutting properties within 100 feet of the property lines of the parcel; (f) Property lines, easements and/or other legal rights within the property lines; (g) All wetlands and wetland resource areas as defined in M.G.L. Ch. 131, §40, and the Framingham Wetlands Protection Bylaw, Article V, §18 of the General By- laws, drainage patterns, and watershed boundaries. Also include a delineation of the 100-year floodplain and all bodies of water, including vernal pools, streams, ponds, and coastal waters within 125-feet of the project site/limit of work and the delineation of a 30-foot no-cut/no alteration zone; (h) Submission of a scaled landscape plan that delineates on a single sheet the existing vegetation both on the Lot and in the right-of-way, the vegetation to be removed or relocated, the re-vegetation and the limit of work. The limit of work shall include all building, parking, and vehicular use areas, and any grading associated with the proposed development. Include a planting plan to ensure permanent re-vegetation of the site except for Disturbed Areas that will be covered by gravel, hardscape or a building or structure. If applicable, include: (i) Upland vegetational communities, including trees, shrub layer, ground cover and herbaceous vegetation; (ii) Size and height of trees, of Specimen Trees and/or significant forest communities; (iii) Location of any rare and endangered species as mapped by the Massachusetts Natural Heritage Program; (i) The location of any proposed stockpile locations; (j) Detailed drawings and design calculations of all temporary and permanent stormwater management and Erosion and Sediment control structures and devices; (2) Applications for a Land Disturbance Special Permit must be accompanied by a narrative containing the following elements: Town Meeting344 Town of Framingham2016 Annual Town Report (a) A narrative description of the methods to be employed and the means proposed to provide Erosion and Sedimentation control, to protect groundwater, to control dust and to protect abutting properties and/or adjacent areas; (b) a tabulated sequence of construction and a construction schedule which must include the inspection and maintenance of Erosion Control Measures for the project throughout the construction period and the timing of vegetation Clearing, transplanting or replacement in relation to other construction activities; (c) A description of BMP as they relate to Erosion control to be employed as the standard of performance in development of the project site; (d) A narrative description of pre and post-construction Stormwater Runoff Analysis showing that Stormwater Runoff will be controlled as required by the Findings and Conditions of Approval, accompanied by design calculations using generally accepted analytical tools; (e) Information on predominant soil types and Erosion potential on the site from the Natural Resource Conservation Service; (f) A detailed description of the type of Fill to be used on site; (g) A narrative documenting the species and quantities of Specimen Trees and/or other vegetation to be removed or relocated within the project area; (h) If applicable, include a statement prepared by a certified arborist for the proposed relocation of any existing Specimen Tree explaining how said tree is to be relocated and maintained. (3) Photographs of the site prior to disturbance shall accompany the application. (4) Based upon the size or character of the project including the scope of activity, area of disturbance and the percent slopes on which the work is to occur, the Planning Board may require additional information or may waive some or all of the requirements of the Land Disturbance application. (5) size, scale, complexity or potential impact warrants the use of outside consultants. Such consultants shall provide comment upon the project in plan review, impact analysis, inspection or other technical or legal assistance necessary to ensure compliance with all relevant laws and regulations. Such assistance may include, but shall not be limited to, analyzing an application, providing legal counsel for decisions and covenants, and monitoring or inspecting a project or site during construction or post- regulations. Such consultants shall be selected and retained by the Planning Board, with the actual and reasonable costs for their services to be paid by the applicant in accordance with Article 16 of the Planning Board Rules and Regulations. (6) The applicant shall make all requests for waivers in writing. The Planning Board may require the applicant to submit supporting technical information and documentation to demonstrate why such waivers should be granted. The Planning reasons for the grant or denial. Town Meeting345 Town of Framingham2016 Annual Town Report 3.Land Disturbance and Stormwater Management Guidance a.Stormwater Management Stormwater Management and erosion control shall exceed the regulations set forth in federal, and state statutes and regulations promulgated thereunder that related to stormwater discharge and management and include but are not limited to the following: the Massachusetts Department of Environmental Protection (MassDEP) Stormwater Management Standards; Massachusetts Stormwater Handbook (http://www.mass.gov/eea/agencies/ massdep/water/regulations/Massachusetts- stormwater-handbook.html) as amended; the NPDES Municipal Separated Storm Sewer System (MS4) Permit and regulations; and local regulations set forth by the Department of Public Works (DPW). i.Any permitted topographical alterations, tree removal, earth removal/fill, and/or site improvements associated with the LDSM By-Law shall incorporate LID techniques and BMPs to the greatest extent feasible. Such features may include rain gardens, rain water harvesting, green roofs, curb breaks, native/hybrid plantings, etc. ii.Stormwater shall not be directed towards sensitive areas, wetlands, habitats, or be permitted to sheet flow causing erosion and sedimentation movement. iii.Wheneverpossible, all buildings, roadways, parking lots/areas, detention/retention facilities, and other site improvements shall be located in previously developed, cleared, disturbed, and/or improved areas before an applicant proposes to disturb an area that presents existing natural topography. iv.Natural hydrology and water quality shall be maintained during and post construction. v.Projects that alter natural stormwater and drainage systems shall replicate natural conditions with respect to infiltration, evapotranspiration, and stormwater runoff. vi.The use of hay bales are not permitted for erosion and sediment control. Erosion standards. vii.Under certain circumstances where on-site options for stormwater mitigation are limited, infeasible, and/or where off-site options provide better protection, the Planning Board may allow the applicant to contribute to the implementation of off-site stormwater mitigation or to contribute to a Town of Framingham Stormwater Mitigation Fund in lieu of an on-site stormwater BMPs. This may be allowed at the discretion of the Planning Board only where a net public benefit is clearly demonstrated and documented by meeting or exceeding the purpose and intent of the LDSM By-Law. viii.Projects that propose dewatering shall submit a dewatering plan for review to the Conservation Commission, the Department of Public Works, and the Planning Board, and shall be accompanied by a detailed description of the methods proposed to mitigate impacts. Town Meeting346 Town of Framingham2016 Annual Town Report ix.Projects shall be designed to disturb the minimal amount of land possible and to manage the maximum amount of stormwater on-site. b.Topographical Alterations i.Where possible, development shall not occur on those areas defined as Moderate f development is proposed within an area identified as Moderate Slope or within report, prepared by a professional geotechnical engineer. The Planning Board and the Department of Public Works (DPW) shall review submitted document to ensure such topographical alternation will not adversely impact direct abutters, structures, and/or the stability of the land. ii.Any development that is authorized to occur on an identified Moderate Slope existing vegetation to the greatest extent feasible. iii. ensure the protection of the root zone or w (Section IV.E.3.e). iv.In the event that topographical alternation within land identified as Moderate applicant shall mitigate all impacts that result in stormwater runoff, erosion, and/or the movement of sedimentation through BMPs and LID techniques. The Applicant shall further establish a vegetated berm to prevent negative impacts to abutting properties and/or roadways. v.The applicant may be required to mitigate topographical alternations as outlined in Section V.F.3.a.vii, herein. c.Tree Removal i.The removal of trees shall not be permitted within the side/rear setbacks as en to be caliper within the front yard setback, as set forth in Section IV.E.2. Furthermore, trees may be removed for the construction of a driveway or subdivision roadway, but shall be such removal shall be at the minimum width as required by the Department of Public Works (DPW), Fire Department, and Police Department. ii. total number of replacement trees shall be as follows: 1 tree per caliper per inch of a deciduous tree and 1 tree per inch of height for an evergreen tree. for evergreen trees. iii.If the applicant can demonstrate that the required number of replacement trees cannot be properly placed on-site, then the applicant may offer the Town an equal number of trees comparable in size to the Department of Public Works Town Meeting347 Town of Framingham2016 Annual Town Report and/or the Parks and Recreation Department to be planted at their discretion elsewhere in Town. iv.During construction the drip line of the designated tree to be saved post- construction shall serve as the protection boundary. The applicant shall install a barrier around this area. v.Land clearance shall be proh of land that is protected by an Agricultural Preservation Restriction (APR) or a Conservation Restriction (CR). d.Earth Removal and Fill i.Earth removal shall be limited to areas that have been previously disturbed and/or impervious. Where earth removal is required in an area that has not previously been disturbed then the applicant shall submit a geotechnical report, prepared by a professional geotechnical engineer. ii.Soil removed from the property shall be stockpiled and reused on-site where possible. Such stockpiles shall be seeded and/or covered, and protected with erosion controls around the base of the pile, until such soils are needed. iii.When new fill is required to be brought onto the site, the use of clean fill shall only be permitted. Prior to fill being brought onto site, the applicant shall provide a written notarized affidavit to the Planning Board, Department of Public Works (DPW), and the Conservation Commission that includes the name of the company, the location where the fill is coming from, the type of fill, and any additional information to certify that all fill is clean. 4. Findings and Conditions of Approval Project review pursuant to the LDSM By-Law shall be based on the information provided in the LDSM Development Impact Report, the LDSM Site Plan, and a Long Term LDSM Plan. The Planning Board shall render written findings prior to granting an approval or disapproval of the application. Such findings shall pertain to the entire proposed project that is subject to review. The Planning Board may modify the site plan or project as a condition of its approval, which may include either on-site or off-site mitigation measures to offset any negative impacts created by the project. a.Filing and Document Review i.All documents and plans required in Section V.F herein have been submitted in accordance with these regulations and Town standards. b.Federal, state, and local regulations i.A minimum compliance with all applicable federal, state, and local regulations and guidelines, including but not limited to, the most current edition of the MassDEP Stormwater Management Standards, the Massachusetts Stormwater Handbook, the NPDES MS4 permit; and Department of Public Works (DPW) regulations related to stormwater/erosion/etc. c.Site Management and Control Town Meeting348 Town of Framingham2016 Annual Town Report i.Building envelopes for structures, driveways, wastewater disposal, lawn areas, and utility work shall be designed and delineated in a manner to limit erosion, land disturbance, and stormwater runoff to the greatest extent possible. ii.The site shall contain designated areas for temporary uses such as the parking of construction vehicles, trailers, and/or stockpiling of equipment and materials. iii.All waste products, grubbed stumps, slash, construction materials, etc., shall be lawfully disposed of and shall not be incorporated into the project site with the exception of the reduction of stumps and slash to mulch. iv.During construction, temporary erosion and sedimentation control measures shall be employed in accordance with the approved plan and the BMP until a disturbed area is permanently stabilized. v.Permanent erosion control and vegetative measures are in accordance with the BMP and LID techniques. vi.Dust control measures are used throughout construction. vii.Throughout the duration of construction, a gravel apron of at least fifteen feet wide and at least twenty-five feet long is required at any site access from a paved public way to prevent unstable material from being transported onto the roadway by vehicle tires. d.Control of Stormwater Runoff i.Whenever possible, the natural topography of a site shall be preserved so as to reduce unnecessary erosion, land disturbance, stormwater runoff, and/or to preserve natural drainage patterns and infiltration on the site. ii.The project as designed does not increase the rate, concentration, and/or velocity of runoff from the site. iii.There will be no adverse impact to abutting properties from any change in volume of stormwater runoff resulting from land disturbance activities including but not limited to erosion, silting, flooding, sedimentation, subsidence or impacts to wetland, groundwater resources, septic systems, wells, and/or lack of long term maintenance of the BMP and LID techniques. iv.There will be no adverse impacts to groundwater resources in terms of quantity or quality. e.Protection of Natural Features and Vegetation i.Endangered species and wildlife habitats and corridors, natural landscape features, and scenic vistas and views shall be protected to the maximum extent feasible. Buildings, structures, and/or parking facilities are sited away from the ii.Open space, native trees, and specimen trees are preserved to the greatest velopment placing priority on the retention of an existing tree, existing stands of trees, trees at the site perimeter, Town Meeting349 Town of Framingham2016 Annual Town Report and contiguous vegetation with adjacent sites (particularly existing sites protected through conservation restrictions). iii.Forested areas, wetlands, waterbodies, critical wildlife habitat areas and Moderate Slopes as defined in Section IV.E.3.e, herein are preserved to the maximum extent feasible. iv.The applicant shall demonstrated that all vegetation that shall be retained will be surrounded by temporary protective fencing or other measures before any Land Clearing or grading occurs, and shall be maintained as such until all construction and site work is completed and all construction equipment and debris is removed from the site. v.Grading shall be designed to maintain the area around the trunks of trees so that the ground level is not raised over the root area. vi.Requirements shall be met for screening of the adjoining premises or screening from the street by walls, fences, plantings, and/or other devices to mitigate adverse impacts of the project. f.Protection of Historic Resources i.Reasonable measures shall be employed to protect historic, unique topographical, and archaeological resources including, but not limited to, historic landscape features both above and below ground, buildings, structures, objects, stone walls, foundations, designed landscapes and gardens. e. Findings and Conditions of Approval The Board shall not approve any application for a Land Disturbance Special Permit unless it finds that, where applicable, the following requirementsshall be met: (1) Site Management and Control (a) Building envelopes for structures, driveways, wastewater disposal, lawn areas and utility work are designed and delineated in a manner to limit land disturbance to the greatest extent possible; (b) Suitable areas are designated for temporary uses such as the parking of construction vehicles, trailers and stockpiling of equipment and materials; (c) All waste products, grubbed stumps, slash, construction materials, etc., shall be lawfully disposed of and shall not be in any manner incorporated into the project site with the exception of the reduction of stumps and slash to mulch; (d) During construction, temporary Erosion and Sedimentation control measures are employed in accordance with the approved plan and the BMP until a Disturbed Area is permanently stabilized; (e) Permanent Erosion control and vegetative measures are in accordance with the BMP; (f) The duration of disturbance is set forth in a written timetable; (g) Dust control is used throughout construction; (h) Throughout the duration of construction, a gravel apron of at least fifteen feet wide and at least twenty-five feet long is required at any site access from a paved Town Meeting350 Town of Framingham2016 Annual Town Report public way to prevent unstable material from being transported onto the roadway by vehicle tires. (2) Control of Stormwater Runoff (a) Whenever possible, the natural topography of a site is preserved so as to reduce unnecessary land disturbance and to preserve natural drainage patterns on the site; (b) The project does not increase the rate, concentration or velocity of runoff from the site, and the project shall minimize the volume increase of runoff from the site to adjoining properties; (c) There is no adverse impact to abutting properties from any change in volume of Stormwater Runoff resulting from land disturbance activities including but not limited to Erosion, silting, flooding, Sedimentation, subsidence or impacts to wetland, groundwater resources, septic systems or wells; (d) There is no adverse impact to groundwater resources in terms of quantity or quality. (3) Protection of Natural Features and Vegetation (a)Endangered species and wildlife habitats and corridors, natural landscape features, and scenic vistas and views are protected to the maximum extent feasible. Buildings, structures or parking facilities are sited away from the crest (b) development, giving priority to retention of existing stands of trees, trees at the site perimeter, and contiguous vegetation with adjacent sites (particularly existing sites protected through conservation restrictions); (c)Forested areas are preserved to the maximum extent feasible if they are associated with significant forest communities as defined herein; wetlands, waterbodies and their buffers; critical wildlife habitat areas; and Slopes over 15%; (d)During Clearing and/or construction activities, all vegetation to be retained will be surrounded by temporary protective fencing or other measures before any Clearing or grading occurs, and maintained until all construction and site work is completed and all construction equipment and debris is removed from the site; (e)Where the site is not proposed to be covered with gravel, hardscape or a building or structure, a planting plan to ensure permanent re-vegetation of the site, including but not limited to providing a loam depth of not less than six inches for areas to be planted, has been provided by means of adequate revegetation techniques; (f)Existing grade will be maintained around trees such that the ground level is not raised over the root area. (4)Protection of Historic Resources (a) Reasonable measures are employed to protect historic resources including but not limited to historic landscape features both above and below ground, buildings, structures, objects, stone walls, foundations, designed landscapes and gardens. 5. Additional Requirements, Conditions, Limitations and Safeguards Town Meeting351 Town of Framingham2016 Annual Town Report The Planning Board may impose additional requirements, conditions, limitations, and/or safeguards in granting approval of an application which shall be incorporated in writing as part of the Decision. a.Long Term LDSM Plan i. Master Deed; property deed; and/or Declaration of Trust documents as applicable, which shall provide reference to the Long Term LDSM Plan for all permanent erosion control and stormwater management measures as conditioned by the Planning Board. ii.The Applicant/landowner shall notify the Planning Board when the initial BMPs for erosion, land disturbance, and stormwater management measures have been installed in accordance with the Long Term LDSM Plan. b.Construction Maintenance Bond i.Prior to the issuance of a building permit, the Applicant shall provide a Construction Performance Bond in the amount of $5,000.00 or equal to 20 percent, whichever amount is greater, of the expected values of the BMPs for erosion control and stormwater management during construction of the project. The Planning Board shall hold such Construction Performance Bond until the issuance of a use and occupancy permit from the Building Department. c.Construction Procedure i.No land disturbance activities shall begin prior to the written approval by the Planning Board Administrator, Department of Public Works (Town Engineer), and the Conservation Commission Administrator. ii.Maintenance of BMPs for erosion control, land disturbance, and/or stormwater management during construction shall be maintained in good order and in compliance with the NPDES Construction General Permit (if applicable). d.Post-Construction Review A special permit for LDSM shall not close until a final inspection and approval of the site being stabilized and restored in accordance with the approved plan of the Planning Board and the LDSM Performance Bond has been placed by the Applicant/landowner. i.Removal of all non-permanent BMPs for erosion control, land disturbance, and/or stormwater management. ii.Onsite improvements such as landscaping, parking lots, driveways and roadways, sidewalks and trails, and all BMP and LID techniques have been installed and fully functioning. e.LDSM Performance Bond i.The Applicant and/or landowner shall provide a LDSM Performance Bond prior to the issuance of a use and occupancy permit. The total amount of the bond shall equal $5,000.00 or 20 percent, whichever is greater for the total amount of the BMPs and LID techniques installed on-site for erosion control and stormwater management. Town Meeting352 Town of Framingham2016 Annual Town Report ii.The Applicant and/or landowner shall submit an annual maintenance report to the Planning Board and the Department of Public Works for the purposes of monitoring such BMPs. iii.Such LDSM Performance Bond shall be returned after five years. At the end of every two years, the Applicant can request 50 percent of the Bond be returned. f. Additional Requirements, Conditions, Limitations and Safeguards In granting approval of an application the Planning Board may impose additional requirements, conditions, limitations and safeguards which shall be in writing and shall be a part of such approval. Such conditions may include but are not limited to: (1) Controls on the location and type of access to the site during all site activity; (2) Controls on the number of vehicles that arrive or depart during the morning and/or evening peak hours during all site activity (including controls on the maximum number of vehicles which may use the off-street parking areas during said periods); (3) Conditions to minimize off-site impacts on traffic and environmental quality during site activity; (4) Requirements for screening from adjoining premises or from the street by walls, fences, plantings or other devices to mitigate adverse impacts; (5) Conditions to mitigate adverse impacts to the neighborhood and abutters, including but not limited to adverse impacts caused by noise, dust, fumes, odors, lighting, headlight glare, hours of operation or snow storage; (6) Compliance with all applicable federal, state and local regulations and guidelines, including but not limited to the Stormwater Management Handbook as it may be amended; (7) Submission of a response from the Massachusetts Historical Commission (MHC) and the Framingham Historical Commission regarding the potential for archaeological or historical resources on the site, as may be applicable; (8) for the long term operation and maintenance of all permanent erosion control and stormwater management measures; (9) Requirement of a cash performance guarantee to ensure compliance with these requirements. With the approval of the Board, the applicant may substitute an irrevocable letter of credit or performance bond from a bond company or financial institution acceptable to the Town of Framingham in lieu of the cash performance guarantee. Any performance bond or letter of credit shall be executed and maintained by a financial institution, surety, or Guarantee Company qualified to do business in the Commonwealth of Massachusetts. (10) Requirement to record the Special Permit decision with the Registry of Deeds or Registry District of the Land Court prior to commencement of any land disturbing activity authorized under this Special Permit, the applicant shall submit to the Planning Board written proof of such recording. (11) Submission in writing of the name and contact information of the person who is responsible at all times for the land disturbing activity that is the subject of the Town Meeting353 Town of Framingham2016 Annual Town Report application. Said person shall ensure that the approved activity takes place in accordance with the application, plan and special permit requirements. The applicant, when other than the owner(s), and the owner(s) of land will be responsible for conditions which are required as part of a favorable decision for issuance of the Special Permit. 6. The Planning Board may deny a Land Disturbance and Stormwater Management Special Permit if it determines that: a.The requirements of Section V.F herein are not met, or b.The project violates or circumvents other provisions of the Zoning By-Law or regulation, or c.The project received a variance issued by the Zoning Board of Appeals from the requirements of Section V.F. herein without first receiving a favorable recommendation from the Planning Board. 7. Enforcement a.To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Department of Inspectional Services, the Planning Board, Department of Public Works, and/or Town designee may enter upon privately owned property for the purpose of performing their duties under the LDSM By-Law and associated permits and may make or cause to be made inspections, surveys, or sampling as the Planning Board, Department of Public Works, and/or Town designee deems reasonably necessary. b.When the Department of Inspectional Services, the Planning Board, Department of Public Works, and/or Town designee determines that an activity is not being carried out in accordance with the requirements of the LDSM By-Law, it shall issue a written notice of violation to the owner of the property. Persons receiving a notice of violation may be required to: i. Planning Board, Department of Public Works, and/or Town designee confirms that the activity is in compliance and the violation has been satisfactorily addressed. ii.Maintain, install or perform additional erosion and sedimentation control measures; iii.Monitor, analyze, and report to the Department of Inspectional Services, the Planning Board, Department of Public Works, and/or Town designee; and/or iv.Remediate erosion and sedimentation resulting directly or indirectly from the activity. Failure to address a notice of violation in the time specified therein may result in penalties in accordance with the enforcement measures authorized in the LDSM By-Law. c.Penalty. Any person, who violates any provision of the LDSM By-Law or permit issued thereunder, may be punished by a fine. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each Town Meeting354 Town of Framingham2016 Annual Town Report provision of the bylaw, regulations or permits violated, shall constitute a separate offense. d.Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the non-criminal disposition procedure set forth in M.G.L. c. 40, Section 21D in which case the Department of Inspectional Services, the Planning Board, Department of Public Works, and/or Town designee shall be the enforcing person. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of the bylaw, regulations or permits violated, shall constitute a separate offense. A31 RTICLE To see if the Town will vote to amend the Framingham Zoning By-Law by adding new definitions to Section I.E. related to the Historic Reuse By-Law; and further deleting the existing Section V.B. Historic Reuse By-Law and replacing it with a new Section V.B. Historic Reuse By-Law, as presented in the background information of the Fall Special Town Meeting Warrant book. Pass any vote or take any action relative thereto. Sponsor: Planning Board October 26, 2016 Voted with amendments: That the Framingham Bylaw be amended with deleted, changed, or a- stricken through) by deleting the existing Section V.B. Historic Reuse Bylaw and replacing it with a new Section V.B. Historic Reuse Bylaw, with background information as attached. Unanimously passed. Approved by the Attorney General on March 3, 2017. A31-A RTICLE TTACHMENT MOTION ARTICLE 31: Amend the Framingham Zoning By-law Section V.B Historic Reuse I move that Town Meeting vote to amend the Framingham Zoning By-Law with deleted, - stricken through) by deleting the existing Section V.B. Historic Reuse By-Law and replacing it with a new Section V.B. Historic Reuse By-Law, with background information as attached. Sponsor: Planning Board ARTICLE LANGUAGE B.HR- ISTORIC EUSE 1.Purpose and Intent The purpose of the Historic Reuse By-Law is to preserve and enhance historically significant buildings and/or properties while maintaining the integrity of the neighborhood in which they were built. Historic preservation is encouraged through the redevelopment Town Meeting355 Town of Framingham2016 Annual Town Report and/or reuse of such historic properties by allowing a variety of uses and incentives for such efforts. An Historic Reuse project shall be developed with the following intent: a.Preserve historically significant buildings through redevelopment and/or reuse that provides a variety of allowed uses. b.Maximize the retention of distinctive materials, features, spaces, and/or spatial relationships of the building and/or buildings. c.Provide incentives for a project that maintains and preserves an historic building that otherwise might be demolished. Maintain the historic character of a property while providing incentives for preservation rather than razing an historic building. d.Preserve architectural, cultural, and unique features common to an historic building and the time periods it represents, while utilizing distinctive materials, features, finishes, and construction techniques that emphasize the particular character of the property. e.Provide a variety of residential housing options that encourage and enhance residential opportunities to attract and retain residences. f.Comply with the design standards set forth by the Secretary of the Interi Standards for Rehabilitation (36 CFR 67). g.Support the Master Land Use Plan, Housing Plan, Historic Preservation Plan, and other associated planning efforts of the Town. (1) Purpose and Intent The purpose of this section is to promote the preservation of significant historic appearance and safeguarding our common architectural legacy for future generations. The intent of this section is to enable by special permit from the Planning Board the creation of alternative uses while maintaining strict controls to preserve all exterior features; to insure sensitivity and compatibility with the surrounding neighborhoods; and to provide an economic incentive to maintain and rehabilitate historic structures. This section is designed to encourage the adaptive reuse of such structure(s) where such reuse would more effectively preserve and enhance the architectural character of the surrounding neighborhood than would the redevelopment of the site following the demolition or significant exterior modification of these landmark structures. 2. Applicability and Procedure for Historic Reuse Projects a. Applicability and Allowed Uses i.Structures to be considered for historic reuse and preservation under the Historic Reuse By-Law shall be a minimum of 75 years of age and deemed historically significant by the Historical Commission or Historic District Commission. ii.Such structures that have been deemed historically significant shall be located within the R-1, R-2, R-3, R-4, B-1, B-2, B-3, B-4, B, and CB. iii.Historically significant buildings may be utilized for the following uses: uses permitted within the underlying zoning district; Two-family Dwelling, (Section II.B.1.B); Multi- family Dwelling (Section II.B.1.C); Home Occupation (Sections II.B.B.2.a and II.D); Business or Professional Office (Section II.B.5.A); Artist Live/Work/Gallery (Section Town Meeting356 Town of Framingham2016 Annual Town Report II.B.1.D); Bed and Breakfast; anda mixture of uses as allowed within this Section V.B.2.a.iii. a)Bed and Breakfast: A Human Habitation that has been deemed historically significant in accordance with General Bylaw Section V.B where rooms are let for not more than 14 consecutive days in any one-year period, a breakfast is included in the rent, and all accommodations are reserved in advance. A Bed and Breakfast shall have the characteristics set forth in Zoning Bylaw Section V.B.4 (i)-(xi). b)Innkeeper: The owner, or person(s) employed by the owner residing within the living quarters of the Bed and Breakfast, separate cooking, bathroom, and sleeping facilities. The Innkeeper shall be responsible for recordkeeping, maintenance, preparation of food served to guests, and the overall operation of the Bed and Breakfast. iv.Renovation of existing carriage houses, barns, and other historic outbuildings is strongly encouraged. b. Permit Granting Authority and Permit Procedure i.The Applicant shall seek a determination of historic significance from either the Historical Commission or Historic District Commission prior to filing with the Planning Board. a)Structures shall be a minimum of 75 years of age to be considered for historical significance and use of this By-Law. b)The historic significance of properties in any of the T as defined by the General By-Laws Article VII, Section 5, shall be determined by the Historic District Commission. The Historic District Commission shall grant a Certificate of Appropriateness or Certificate of Non-Applicability for any proposed work that falls under General By-Laws Article VII, Section 5, before the Applicant can utilize Section V.B In the event that modifications are made to the project after the Certificate of Appropriateness or Certificate of Non-Applicability is granted, the Applicant shall seek approval for said modifications from the Historic District Commission. c) General Bylaws Article VII, Section 5, the Historical Commission shall make a Determination of Significance and shall provide a list of historic features to be maintained. In the event that modifications are made to the project after the Determination of Significance and list of historic features is provided, the Applicant shall seek approval for said modifications from the Historical Commission. The Historical Commission or the Historic District Commission may utilize Peer Review Consultants for the architectural review. ii.The Planning Board shall be the SPGA for the Historic Reuse By-Law. iii.All Historic Reuse applications shall be subject to the written procedures outlined in Special Permits (Section VI.E); Site Plan Review (Section VI.F); the allowed use identified in Section V.B.2.a.ii; and the Historic Reuse By-Law (Section V.B). Furthermore, residential projects shall comply with all provisions of the Inclusionary Housing By-Law (Section V.H), except for projects with less than 20 residential units, which shall be exempt. (2) Applicability Town Meeting357 Town of Framingham2016 Annual Town Report The provisions of this section shall apply to allstructures 50 years old or older together with any detached accessory structures 50 years old or older on the same lot as the principle structure in conformance with the provisions of this Section herein, provided that said structures are located in a zoning district that allows residential use and that said structures are found at a public hearing before the Historical Commission to be historically or architecturally significant pursuant to the procedures and criteria under Article V: Section 21 of the General By-Laws. (3) Use and Dimensional Requirements The reuse of an existing eligible structure(s) must conform to the following requirements: (a) the existing uses of the property on which the historic structure(s) is located conform to the requirements of this Zoning By-Law or are lawfully existing non-conforming uses; (b) the existing structure(s) on the property conform to the requirements of this Zoning By-Law or are lawfully existing nonconforming structures; (c) the minimum lot area on which the structure is located is 20,000 square feet or more; (d) the existing structure(s) including any attached additions that are considered by the Planning Board an integral part of the principle structure has a minimum floor area of 4,500 square feet or more, excluding any attic or basement areas or porches, decks and patio areas; (e) the existing detached structure(s) historically or architecturally significant may be used for the purposes of this Section but shall not be included in the calculation of the minimum floor area of 4,500 square feet; and (f) the existing gross floor area of the structure(s) may not be increased by more than 10%. 3.Historic Project Requirements a.Project Design and Redevelopment i.Projects shall conform, at a minimum, to the standards set forth in the Secretary ii.The original qualities and character, the distinctive architectural features, and the craftsmanship of the historic building shall be maintained through the redevelopment and/or reuse of the property. iii.Alterations, infill, and/or additions shall be compatible in scale and design to the historic portion of the project. Such additions shall complement the historic nature of the property and shall not destroy, damage, and/or derogate from the historic integrity of the building. iv.Additions shall only be constructed on the side and/or rear of any building deemed to have historic significance. Town Meeting358 Town of Framingham2016 Annual Town Report v.Alterations, infill, and/or additions shall be expressly designed to retain the essential original form and integrity of the historic structure without detriment in the event that such new portions of the historic building were to be removed. vi.All reasonable efforts shall be made to minimize alterations to the defining characteristics of an historic structure. Moreover, compatible sustainable materials shall be used when making such alterations. vii.All efforts shall be made to the greatest extent feasible to restore and repair deteriorated and/or missing historically significant features and characteristics that define the time period which they represent. All replacement materials shall match the materials being replaced in composition, design, color, and texture to replicate the original construction of the structure. viii.All rehabilitated structures shall conform to the requirements set forth in Section IV.E Dimensional Regulations. ix.The reuse and rehabilitation of historic carriage houses, barns, and other outbuildings is encouraged. Any historic, character-defining features on these buildings shall be retained and rehabilitated. b. Off-street Parking and Site Improvements i.Off-street parking shall not be located within the front setback and shall be located to the side and rear of the building. ii.Off-street parking shall be screened and buffered by landscaping, fencing, and/or other natural features. iii.Off-street parking shall be in compliance with Section IV.B.1.a iv.All utilities shall be located underground; mechanical equipment shall be screened with fencing and landscaping; HVAC units shall be located to the rear of the building. v.Any new construction shall be sited to maintain historic viewsheds and other gardens, fields, or stone walls. c. Residential Units i.Residential units shall not be less than 600 square feet of area. ii.Entrances shall be separate where an historic reuse project contains both residential and non-residential uses. (4) Allowed Uses (a) Condominiums are allowed subject to the following limitations: (i) The minimum condominium unit size schedule is 1 Bedroom 900 square feet, 2 Bedrooms 1,200 square feet, and 3 Bedrooms 1,500 square feet. (ii) Studio/Efficiency units are expressly prohibited. (iii) Parking Requirement - There shall be one parking space per proposed bedroom (including both indoor and outdoor parking spaces), plus 0.5 parking spaces per unit for visitor parking.For all other uses on the premises the number of parking spaces provided shall be accordance with the Section IV.B. of the Zoning By-Law. Town Meeting359 Town of Framingham2016 Annual Town Report (iv) Location of Parking Areas - No parking space shall be constructed forward of an imaginary line drawn through the front façade plane farthest from any front lot line. The Planning Board may waive this requirement if it determines that the site layout or location of the structure(s) makes this requirement unfeasible or that a better plan will result from such a waiver. (v) Waiver of the Required Number of Parking Spaces In accordance with Section IV.B.1.e., the Planning Board may by Special Permit reduce the total number of required parking spaces if it deems appropriate and beneficial to the proposed modification or reuse of the structure(s). (vi) Condominium Association - The applicant shall establish a condominium association for the residents of the structure. The condominium association shall operate in accordance with a Condominium Association Agreement which, along with the Master Deed, Unit Deeds, Bylaws and Rules and Regulations, shall be submitted to the Planning Board and Town Counsel for review to ensure it complies with this By-Law. The Condominium Association Agreement, along with the Master Deed, Unit Deeds, By-Laws and Rules and Regulation shall not be adopted or recorded until approved by the Planning Board and Town Counsel under this provision. The condominium association documents shall provide for the maintenance in perpetuity of the common area land and common facilities including but not limited to any sewage system, water supply, parking facility or lot, landscape feature, common use area, and drainage system including any detention or retention basin. Snow-plowing within the project limits shall be in perpetuity the responsibility of the project owner/developer or subsequent condominium association and not of the Town. (b) Bed and Breakfast is an allowed use subject to the following limitations: (i) the Bed and Breakfast shall be the legal residence of the owner and be owner occupied; (ii) the Bed and Breakfast shall be subordinate and incidental to the main residential use of the principle structure; (iii) individual guests are prohibited from any single stay at a particular Bed and Breakfast establishment for more than fourteen consecutive days; (iv) rooms used for sleeping shall be part of the existing principle structure and shall not have been specifically constructed for rental purposes; (v) the primary structure shall contain full living quarters for the property owner; (vi) the Bed and Breakfast operation shall not use more than fifty percent (50%) of the principle structure for rental sleeping accommodation purposes. Common areas such as the kitchen, living room or dining room shall not be included in this calculation; (vii) the only meal to be provided guests shall be breakfast, and it shall only be served to guests taking lodging in the facility; (viii) signs shall be as allowed for other uses in the zoning district; Town Meeting360 Town of Framingham2016 Annual Town Report (ix) the parking requirement shall be one space per guestroom plus two spaces for the primary residence; (x) other uses on the premises shall require parking spaces in accordance with Section IV.B. of the Zoning Bylaw; and (xi) the Bed and Breakfast shall be licensed by the Town and shall specifically comply with all of the requirements of the Board of Health. 5.Historic Reuse Provisions Once an Applicant has applied to the Historical Commission or the Historic District Commission for a structure to be deemed historically significant, then no structure shall be erected, enlarged, or modified; and no land shall be divided, subdivided, or modified prior to the granting or denial of said Special Permit. (5) Historic Reuse Special Permit Provisions (a) Requirement In all instances once a Historic Reuse Special Permit application is filed under this Section, no structure shall be erected, enlarged, or modified and no land shall be divided or subdivided or modified prior to the granting or denial of said Permit. (b) Special Permit Application Review Procedure (i) The Planning Board shall be the SPGA for the issuance of a Historic Reuse Special Permit. Such special permit application shall be submitted, considered, and issued in accordance with the provisions herein and with Section VI.E. of the Framingham Zoning By- Law and all other applicable regulations. (ii) Prior to the filing of an application for Historic Reuse Special Permit, the applicant shall submit plans to the Building Commissioner, who shall advise the applicant as to the pertinent sections of the Zoning By-Law in accordance with Section VI.E.2.a. (iii) Following the Building Commissioner review and prior to the filing of a Historic Reuse Special Permit application, the Applicant shall submit copies of the draft application submittal to the Planning Board, the Historical Commission, and the Historic District Commission. (iv) Within sixty days of receipt of the draft application submittal and pursuant to Article V: Section 21. of the General By-Laws, the Historical Commission shall hold a public hearing to determine if the structure(s) intended for Historic Reuse is historically or architecturally significant as defined in Article V: Section 21.2.6. of the General By-Laws and shall provide a written report of its findings to the Planning Board. (v) Any person intending to submit a Historic Reuse Special Permit application shall have a pre-application conference with the full Planning Board that has been noticed by a community notice sign posted on the property and noticed in the local newspaper, at which time the applicant shall describe the proposed plan and any impacts to the parcel of land that will be required in order to file a complete application. No tree removal, no utility installation, no ditching, no soil or percolation testing, no well testing, no grading or construction of roads (temporary or otherwise), no grading of land or lots, no excavation, no dredging or filling, and no demolition or construction of structures shall be done on any Town Meeting361 Town of Framingham2016 Annual Town Report part of the development site until the proposal has been reviewed at the pre- application conference and the Board has given its approval for the required work. (vi) If the Historical Commission finds the structures historically and architecturally significant and following the pre-application conference and receipt by the Planning Board of a formal submittal conforming to the submittal requirements herein and as specified on the application, the Planning Board shall hold a public hearing in accordance with the conduct and notification of public hearings and decisions for all special permits pursuant to M.G.L., c.40A., sect. 9 and Section VI.E. of the Framingham Zoning By-Law. (vii) All boards, commissions, and departments shall, within thirty-five days of receiving a copy of said plan, submit a written report containing recommendations and the reasons therefore to the Planning Board, and may recommend conditions deemed appropriate for the proposed use. In addition to attending the municipal staff review meeting, the Applicant shall meet separately with the Historic District Commission to solicit their input on the Historic Reuse Special Permit application. The Historic District Commission shall review the design elements of the structure(s) and site considering the design standards of Section V.B.(5)(d) herein. Following said meeting, the Historic District Commission may submit a written recommendation on the Historic Reuse Special Permit application to the Planning Board for consideration during the public hearing. The Planning Board shall not render a decision on any such application until said recommendations have been received and considered or until the thirty-five day period has expired, whichever is earlier. Failure of such agencies to submit their respective recommendations shall be deemed lack of opposition thereto. (viii) The Planning Board, at its discretion and based upon the pre-application conference and preliminary assessment of the scale of the development proposed, may modify or waive the application requirements for submission herein. Such modifications or waivers from the application submission requirements shall be requested in writing with supporting reasons. Any such preliminary waivers granted at the pre-application or preliminary level of review is a preliminary assessment by the Planning Board and such waivers shall not be binding upon the Planning Board. (c) Contents and Scope of Applications The contents and scope for all Applications for Special Permit for Historic Reuse shall include the information listed in Section VI.F.4. All plans shall be prepared by a Professional Engineer, Architect, or Landscape Architect Registered in the Commonwealth of Massachusetts. Applications shall include all information unless waived in conformance with Section VI.F.4.c. To assist the Planning Board in rendering its decision on the application, said application shall also include the following: (i) a narrative stating the historical significance of the structures and/or site, and an architectural description of the structures; Town Meeting362 Town of Framingham2016 Annual Town Report (ii) photographs of all existing elevations; (iii) interior floor plan(s) showing the proposed uses of interior space with the gross floor area for each use; (iv) if new construction or additions are proposed, a perspective drawing showing the new construction or additions in relation to existing structure(s) on the site and on adjacent land; (v) a plan showing existing and proposed landscaping on the site; (vi) a list of any requested waivers with the justification for each; and (vii) based upon the scope of the project and physical characteristics of the parcel, the Planning Board may require additional information or supplemental impact statement(s). (d) Design Standards for Exterior Changes to Structures and Site All proposed changes to structure(s) exteriors and to the site shall meet the following Design Criteria: ScaleAll exterior structural changes shall relate well to the pedestrian scale. Form and BulkFacades and rooflines shall be designed to be compatible with the historic style of structure(s). FaçadeFaçade materials shall be compatible with the historic style of the structure(s). Traditional materials such as masonry and wood are encouraged for the exterior facades. The architectural vocabulary should include appropriate, materials, details, lighting fixtures, and signage (if any). The use of blank walls on the front façade(s) (where the structure(s) fronts on a street or streets) shall be discouraged. WindowsWindow styles shall be compatible with the historic style of the structure(s) Windows shall be arranged to give the façade a sense of balance and to compliment the historic fabric of the existing structure. DoorwaysExteriordoors shall be compatible with the historic style of the structure(s). Doorways shall be arranged to give the façade a sense of balance and to compliment the historic fabric of the existing structure. Service Areas, Utilities Service, loading and trash disposal areas and mechanical equipment and Equipmentand utilities shall be unobtrusive or sufficiently screened and shall incorporate effective techniques for visual and noise buffering from adjacent uses. Exterior LightingOutdoor lighting, includinglighting on the exterior of the structure(s) or lighting in parking areas, shall be designed and located to minimize glare and light spillover to neighboring properties and shall be at a residential scale and in keeping with the historic architectural style of the structure(s). Town Meeting363 Town of Framingham2016 Annual Town Report LandscapingAll proposed landscaping plans shall preserve to the greatest extent possible existing old growth vegetation and shall be designed to buffer all parking areas and any degrading features from abutters and the public viewand to enhance the structural fabric or historical character defining features of the structures by reinforcing or recapturing the historical context of the property. (e) Findings and Conditions of Approval The Planning Board shall approve only those applications that meet the Conditions of Approval of a special permit pursuant to Section VI.E.3.a. and the following conditions: (i) the proposal provides for the harmonious relationship of proposed structures and additions to the terrain and to the use, scale, materials, historic character and architecture of existing structure(s) on the site or in the vicinity that have functional or visual relationship to the proposed structures and any additions; (ii) the proposal protects Framingham's heritage by minimizing demolition or alteration of historically or architecturally significant uses, structures or architectural elements; (iii) the proposal enhances the historic character, streetscapes, open space, trees, plantings, and other natural features of the site; (iv) the proposal ensures that the project retains an amount of land substantial enough subdivision of land or construction of additional structures is proposed; (v) the proposal meets the requirements of the table of design standards, Section V.B.(5)(d) Design Standards herein; (vi) the Historical Commission has determined the structure(s) to be of substantial historic or architectural significance and suitable for preservation and further that the proposal is consistent with the written recommendations of the Historical Commission; and (vii) the Historic District Commission has made a favorable written recommendation regarding the proposed design. (f) Conditions, Limitations and Safeguard In granting approval of a Historic Reuse Special Permit application the Planning Board may impose conditions, limitations and safeguards which shall be in writing and shall be a part of such approval. In addition to the conditions specified under Section VI.E.3.b., such conditions may include, but are not limited to, among other matters and subjects: (i) requirement for a preservation restriction on the façade or structure(s) sufficient to preserve the historic and architectural merit of the property; and (ii) future development of property subject to a Historic Reuse Special Permit is expressly prohibited without an amendment to said special permit, which shall be upon filing a written petition to the Planning Board and following a public hearing and written finding by the Planning Board that the proposed change or changes do not substantially derogate from the Town Meeting364 Town of Framingham2016 Annual Town Report intent and purpose herein and for the purposes of this section. Future development shall mean the creation of additional lots by deed, division, or subdivision as defined under law, a change in use, a change in the exterior of the structure, or a change in the location of a structure or use on the property. 6.Procedure for Waiver An Historic Reuse project shall comply with Section V.B. in its entirety to the greatest extent feasible. However, the Planning Board may waive the requirements for Section V.B.3 by a four-fifth vote where such waivers will allow for better design and/or improved protection of historic resources. In no event shall the architectural conditions granted by the Historical Commission or the Historic District Commission be waived. 7.Variance A variance authorizing a use or activity not otherwise permitted in the Zoning District or allowed by the Historic Reuse By-Law shall be prohibited from the use of this By-Law. A31AM/A RTICLE DDITIONAL OTIONSMENDMENTS October 26, 2016 Passed: I move that the main motion in Article 31 be amended by: DELETING current definition of Bed and Breakfast in Section I.E.1, of the zoning bylaw. DELETING the following wording from Section V.B.2.a.iii. of Article 31: accordance with General Bylaw Section V.B. where rooms are let for not more than 14 consecutive days in any one-year period, a breakfast is included in the rent, and all accommodations are reserved in advance. A Bed and Breakfast shall have the characteristics set forth in Zoning Bylaw Section V.B.4 (i)-(xi). b)Innkeeper: The owner, or person(s) employed by the owner residing within the living cooking, bathroom, and sleeping facilities. The Innkeeper shall be responsible for recordkeeping, maintenance preparation of food served to guests, and the overall operation INSERTING the following definitions of Bed and Breakfast and Innkeeper into Section I.E.1 of the zoning bylaw: Bed and Breakfast: A Human Habitation that has been deemed historically significant in accordance with General Bylaw Section V.B where rooms are let for not more than 14 consecutive days in any one-year period, a breakfast is included in the rent, and all accommodations are reserved in advance. A Bed and Breakfast shall have the characteristics set forth in Zoning Bylaw Section V.B.3 (i)-(ix). {NOTE: this reference would change to Section V.B.3. (i)-(x) if Amendment 4, below, is approved.} Innkeeper: The owner or person(s) employed by the owner residing within the living cooking, bathroom, and sleeping facilities. The Innkeeper shall be responsible for Town Meeting365 Town of Framingham2016 Annual Town Report recordkeeping, maintenance, preparation of food served to guests, and the overall operation Stephen Shull, Precinct 2 _________________________________________________________________________________ October 26, 2016 Passed: I move that the main motion in Article 31 be amended by: Stephen Shull, Precinct 2 _________________________________________________________________________________ October 26, 2016 Passed: I move that the main motion in Article 31 be amended by: Stephen Shull, Precinct 2 _________________________________________________________________________________ October 26, 2016 Passed: I move that the main motion in Article 31 be amended by: INSERTING a new sub-section V.B.3.a.(x)., in Section V.B.3.a. of Article 31, with the following ll efforts shall be made to the greatest extent feasible to protect the abutters and the neighborhood from any negative impacts caused by an increase in size of the building(s) and/or the new use(s) of the building(s) and property allowed by the Historic R Stephen Shull, Precinct 2 _________________________________________________________________________________ October 26, 2016 Passed: I move that the main motion in Article 31 be amended by: DELETING the current wording of Section V.B.3.b.i. of Article 31 and INSERTING instead the -street parking shall not be located forward of an imaginary line drawn through the front façade farthest from any front lot line. The Planning Board may waive this requirement if it determines that the site layout or location of the structure(s) makes this requirement Stephen Shull, Precinct 2 A32 RTICLE To see if the Town will vote to amend the Framingham Zoning By-Law by deleting the existing Section VI.E., Special Permits By-Law and replacing it with a new Section VI.E., Special Permits By-Law, as presented in the background information of the Fall Special Town Meeting Warrant book. Pass any vote or take any action relative thereto. Sponsor: Planning Board Town Meeting366 Town of Framingham2016 Annual Town Report October 26, 2016 Voted with 2 amendments: That the Town amend the Framingham Zoning - deleted text is stricken through) by deleting the existing Section VI.E., Special Permits Bylaw and replacing it with a new Section VI.E., Special Permits Bylaw, with background information as attached. Unanimously passed. A32-A RTICLE TTACHMENT ARTICLE LANGUAGE E.SP PECIAL ERMITS l.Special Permit Granting Authority a. The SPGA shall be the Zoning Board of Appeals (ZBA), the Planning Board (PB), or other board/officer as specified in Section II.B Table of Uses, other special permit By-Law, and/or designated herein. l.Special Permit Granting Authority a. The SPGA shall be the Board of Appeals, except where another Board or officer is specifically designated as the SPGA for a particular type of special permit. b. The Planning Board as the SPGA: (1) There shall be one Associate Member of the Planning Board in cases where the Planning Board acts as the SPGA. Such position of Associate Member shall be subject to the following: (a) The Associate Member shall serve by appointment made jointly by the Planning Board and the Board of Selectmen. (b) The Board of Selectmen and the Planning Board shall appoint an Associate Member by majority vote of the combined membership of both Boards. The term of office shall expire on July 1, or until a successor is appointed and qualified. Thereafter, an Associate Member shall be appointed on an annual basis by the Board of Selectmen and Planning Board acting jointly. (c) In the event of a vacancy in the position of Associate Member, the position shall be filled in the same manner as in the case of the original appointment. (d) The Chairperson of the Planning Board may require such Associate Member to be in attendance at special permit hearings, and may designate such Associate Member to sit on the Board for the purpose of acting on a special permit application in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board, or in the event of a vacancy on the Board. 2.Procedure for Special Permit a.Determination by the Building Commissioner Prior to filing an application for Special Permit the Petitioner shall submit plans to the Building Commissioner for project determination. The Building Commissioner shall have two weeks to make a project determination. Accordingly, plans should be Town Meeting367 Town of Framingham2016 Annual Town Report submitted a minimum of two weeks prior to the expected filing date of a project. The Building Commissioner shall advise the Petitioner in writing as to the pertinent sections of the Zoning By-Law and General By-Laws and shall determine which board is the appropriate SPGA. b.Pre-Application Submission to Technical Review Team Special permits that require the Planning Board to be the SPGA - i.Prior to the filing of an application for a special permit, the Petitioner shall also meet with the Technical Review Team (TRT) after having submitted to the TRT a cover letter enclosing site plans, colored renderings, and any other documentation prepared for the project,which shall be known as a TRT Preliminary Review Package, usedto assist in the review of the project prior to the official filing. Within two weeks of having received the TRT Preliminary Review Package, the TRT shall hold a Preliminary Project Review Meeting (PPRM) with the petitioner to review and discuss the proposed application. A TRT Report shall be provided to the Petitioner and the SPGA as determined in Section VI.E.2.b. The TRT Report shall include, but shall not be limited to: a list of submitted documents, the minutes from the TRT PPRM, and comments/recommendations for the proposed project. Special Permits that require the Zoning Board of Appeals to be the ii. SPGA a)Petitioners that only require special permits from the ZBA shall work with the ZBA Administrator to determine if a TRT meeting is necessary. In the event that a TRT meeting is determined to be necessary, the Petitioner shall follow the requirements set forth in Section VI.F.2.b.i. b)Petitioners that require permits from both the Planning Board and the Zoning Board of Appeals shall be required to comply with Section VI.F.2.b.i. c.Filing of an Application(s) Once the requirements of Section VI.E.2.a. and b. have been satisfied, the Petitioner shall submit the following documentation to the SPGA: i.One original copy of the application(s); ii.Full and half size paper site plans that have been prepared by a Professional Engineer and/or Land Surveyor licensed in the Commonwealth of Massachusetts (plans must be signed and stamped); iii.Full and half size paper architectural plans prepared by a Professional Engineer and/or Professional Architect licensed in the Commonwealth of Massachusetts (plans must be signed and stamped). Architectural plans shall bear the seal of the registered design professional unless exempted by M.G.L. c.143 s. 54A.; Town Meeting368 Town of Framingham2016 Annual Town Report iv.Copies of supporting documentation (number determined by the SPGA); v.Any other documentation specified in the SPGA Rules and Regulations; and vi.One electronic copy of all materials submitted, all of which shall be known as the Application Package. If the submitted documentation has been deemed complete with the SPGA, the SPGA will file one copy of the application with the Town Clerk. d.Application Distribution The SPGA shall transmit copies of the Application Package that have been deemed complete to TRT Departments, Building Commissioner, and such other appropriate Town departments, boards, and offices as determined by the SPGA, for review and comment. e.Board and Department Comment i.Prior to the first public hearing, the TRT shall hold a second plan review meeting, if applicable. A TRT Report shall be generated and submitted to the SPGA as part of the record. ii.When a Petitioner provides revised/modified plans and/or documentation for a project, the Petitioner shall provide the revisions to the SPGA a minimum of 5 business days prior to the next scheduled public hearing for the project. The Petitioner shall provide either a written description highlighting the changes made to the plan and/or a marked-up version of the site plans to easily identify changes made since the last edition. iii.Questions, comments, and/or modifications from the TRT, Building Commissioner and other appropriate departments, boards, and offices shall be provided to the SPGA within 35 days. The SPGA shall not close a public hearing until all TRT departments have provided questions, comments, modifications, and/or statements of no comment, or until the 35-day comment period has lapsed, whichever is sooner. a.Application Prior to the filing of an application for a special permit, the Applicant shall submit plans to the Building Commissioner. The Building Commissioner shall advise the applicant in writing as to the pertinent sections of the Zoning By-Law and shall determine which board is the appropriate SPGA. The applicant shall then submit four or more copies (as may be required) of the application and plans to the designated SPGA and shall forthwith file one copy with the Town Clerk. The SPGA shall transmit copies thereof to the Building Commissioner and other appropriate Town Boards and offices, as determined by the SPGA. If the Board of Appeals is the SPGA, it shall forthwith transmit copies to the Planning Board which may, within 35 days of the date of filing with the Town Clerk, submit a report to the Board of Appeals and to the applicant containing recommendations and reasons therefor to aid the Board of Appeals in judging the application. The Board of Appeals shall not hold a hearing or render a decision on any application until said report has been received and considered, or until the 35-day period has expired, whichever is earlier. Failure Town Meeting369 Town of Framingham2016 Annual Town Report of the Planning Board or other Town Boards and offices to submit said report within the specified time period shall be deemed concurrence thereto. f.Public Hearing Procedures Public Hearing: i. The SPGA shall hold a hearing on said application in accordance with M.G.L. c. 40A, Section 9 and 11, within 65 days of filing with the Town Clerk. Notice and Publication of Public Hearing: ii. Notice of such hearings shall be published in accordance with M.G.L. c. 40A, Section 11 and Section VI.C of this By-Law, in addition to any other parties that the SPGA deems appropriate for notification. Audio/Video Recording of the Public Hearing: iii. The SPGA shall make an audible audio and/or video recording of all its proceedings and deliberations. Such recordings shall be kept in the offices of the SPGA and/or by the Town for a period of two years, and shall be made available to any person for listening, viewing, and/or copying purposes during regular business hours in the offices of the SPGA. Minutes: iv. The SPGA shall also keep a detailed written record of the proceedings as required by law. Copies of the minutes shall be filed within 14 days with the Town Clerk. A copy of the minutes shall be posted to the . b.Hearings The SPGA shall hold a hearing on said application in accordance with G. L. Ch. 40A, Section ll, within 65 days of filing with the Town Clerk. Notice of such hearings shall be published by the SPGA as provided in chapter 40A and Section VI.C of this By-law. g.Peer Review Consultant If, in the discretion of the SPGA, a peer review of the Application is required to evaluate the impacts of a proposed project, the SPGA may require the Petitioner to retain a Peer Review Consultant approved by the SPGA. In the event that the Petitioner requires review by both the ZBA and the PB, the ZBA and PB may jointly ensure consistency and adequacy of review. h.Decisions The decision of the SPGA shall be made within 90 days following the close of a public hearing for a special permit, unless an extension is granted by the Petitioner. A special permit issued by an SPGA shall require a two-thirds vote of boards with more than five members, a vote of at least four members of a five-member board and a unanimous vote of a three-member board. i.Notice of Decision: Mailings: a) Notice of a SPGA decision shall be sent to interested parties as required in M.G.L. c. 40A, Section 9 and following the same procedure outlined in Section VI.E.2.f.ii, herein. Said notice of of the project, special permits applied for, the date of the Decision Town Meeting370 Town of Framingham2016 Annual Town Report made by the SPGA, the nature and vote of the decision, the reasons therefor, and any conditions and safeguards prescribed by the SPGA in said decision, and the date the decision was filed with the Town Clerk. Publication: b) once in a newspaper of general circulation in the Town, at the expense of the Petitioner. Said publication shall to occur no more than twelve calendar days after the filing of the decision with the Town Clerk. c.Decisions The decision of the SPGA shall be made within 90 days following the public hearing for a special permit. A special permit issued by an SPGA shall require a two-thirds vote of boards with more than five members, a vote of at least four members of a five-member board and a unanimous vote of a three-member board. The Board shall make an audible audio tape recording of all its proceedings and deliberations. Such recordings shall be kept in the offices of the SPGA for a period of two years, and shall be made available to any person for listening or copying purposes during regular business hours in the offices of the SPGA. The SPGA shall also keep a detailed written record of the proceedings as required by law, copies of which shall be filed within 14 days with the Town Clerk, and notices of decisions sent to the appropriate persons as required in G.L. 40A, Section 11. Said notices shall set forth the nature and vote of the decision, the reasons therefor, and any conditions and safeguards prescribed by the Board in said decision. Notice of the nature and vote of the decision shall be published once by the SPGA in a newspaper of general circulation in the Town, at the expense of the applicant, said publication to occur no more than twelve calendar days after the filing of the decision with the Town Clerk. Said notices shall also be mailed to the chairperson of the precinct in which the property is located, as well as the chairperson of the Town Meeting Standing Committee on Planning and Zoning, whose names shall be provided to the SPGA by the Town Clerk following their election. i.Failure to Act In accordance with M.G.L. c. 40A, Section 9, failure by the SPGA to take final action within 90 days following the public hearing and/or any granted extension of time, if applicable, shall be deemed to be a grant of the special permit. Such grant of a special permit by failure of the SPGA to act within 90 days shall be known as a Petitioner who seeks such approval by reason of the failure of the SPGA to act within such time prescribed, shall notify the Town Clerk within 14 days in writing from the expiration of said 90 days or granted extension of time, if applicable, of such constructive approval. The Petitioner shall also send notice of such constructive approval to parties in interest by mail, and each such notice shall specify that appeals, if any, shall be made pursuant to M.G.L. c. 40A, Section 17 and shall be filed within 20 days after the date the Town Clerk received such written notice from the Petitioner that the SPGA failed to act within the time prescribed. Town Meeting371 Town of Framingham2016 Annual Town Report d.Failure to Act As provided in G.L. c. 40A, Section 9, failure by the special permit granting authority to take final action within ninety days following the public hearing or extended time, if applicable, shall be deemed to be a grant of the special permit. The petitioner who seeks such approval by reason of the failure of the special permit granting authority to act within such time prescribed, shall notify the town clerk, in writing within fourteen days from the expiration of said ninety days or extended time, if applicable, of such approval and that notice has been sent by the petitioner to parties in interest. The petitioner shall send such notice to parties in interest by mail and each such notice shall specify that appeals, if any, shall be made pursuant to section seventeen and shall be filed within twenty days after the date the town clerk received such written notice from the petitioner that the special permit granting authority failed to act within the time prescribed. ej. Change, Extension or Modification of a Special Permit Any change, extension, corrections, additions, substitutions, alterations, or modification of a special permit that is deemed material by the SPGA shall require a vote by a two-thirds vote of a board with more than five members, a vote of at least four members of a five-member board and a unanimous vote of a three-member board at a public meeting in accordance with M.G.L. c. 40A, Section 11. 3.Conditions of Approval of Special Permit a. The SPGA shall not approve any application for a special permit unless it finds that in its judgment all of the following conditions are met: i.The property and the neighborhood are appropriate for such a use and/or structure. ii.The use and property can support and/or will provide adequate and appropriate facilities for the proposed use, and that the special permit application meets the dimensional requirements set forth in Section IV.E, unless a dimensional variance is granted. The use and property shall provide safe and viable access to and from the site, and beconsistent with the Master Land Use Plan and other Town Plans. iii.The use and/or structure(s) as developed will not create a hazard to abutters, pedestrians,vehicles, and/or the environment. iv.The use and/or structure(s) are consistent with the intent of the Zoning District as outlined in Section II.A, and with the Purpose and Intent of appropriate By-Laws associated with the special permit application. v.The utilities and other public services to the site are adequate. vi.The use and/or structure(s) will not create an undue burden on abutting properties, the neighborhood, and/or the Town. vii.Traffic and pedestrians can access and circulate the project safely without conflict. Town Meeting372 Town of Framingham2016 Annual Town Report viii.The use and/or structure will not have substantial adverse impacts to the natural environment, the historic character of the neighborhood, and/or the visual environment. ix.The Petitioner provides proper mitigation for impacts to traffic, infrastructure, Town services, and/or undue impacts created in Section VI.E.3.a.vi. b. In approving a special permit, the SPGA may attach such conditions, safeguards, limitations, and/or requirements forperformance guarantees as it deems necessary to serve the purposes of the Zoning By-Law, to protect the Town, and tomaintain the character of the associated neighborhood. Such conditions may include, but are not limited to, the following: i.Screening and buffering of the use, structures, and/or other parts of the premises for the purposes of safety, light and/or noise pollution, stormwater run-off/erosion, etc. through the use of fences, plantings, and/or other buffering techniques. ii.Requirements that front, side, and/or rear setbacks be greater than the minimum requirements as provided in Section IV.E. iii.Modification of the exterior features, façade, and/or appearance of the structure. iv.Limitation of size, number of occupants, method or time of operation, and/or extent of facilities. v.Regulation of number, design, and/or location of access drives or other traffic features. vi.Provision of a bond and/or other security to insure compliance with the conditions of authorization. vii.Mitigation of traffic and/or infrastructure mitigation to ensure that the petitioner properly mitigates its impacts on the Town and/or neighborhood. viii.Inclusion of information and/or conditions prepared by a Peer Review Consultant ensuring the project is consistent with the Zoning By-Law, the requirements of the Town, and that the Petitioner mitigates its impacts on the Town and/or neighborhood. In the event that the Petitioner is not the owner of the land, the Petitioner shall provide an affidavit signed by the party, e.g., the Petitioner and/or the land owner, who shall be responsible for mitigation measures and/or conditions contained within the Decision. Such statement of responsibility shall be part of the Decision as an exhibit/appendix that is recorded with Registry of Deeds or filed with Registry District of the Land Court, as applicable. 3.Conditions of Approval of Special Permit a. The SPGA shall not approve any application for a special permit unless it finds that in its judgment all of the following conditions are met: (l) The specific site is an appropriate one for such a use or structure. Town Meeting373 Town of Framingham2016 Annual Town Report (2) Adequate and appropriate facilities will be provided for the proper operation of the proposed use, including adequate off-street parking. Except for residences requiring fewer than five stalls, adequacy of proposed off-street parking facilities shall be determined by the Planning Board, in accordance with the provisions of Section IV.A., IV.B., IV.C. and VI.E. of this By-Law. (3) The use or structure as developed will not create a hazard to abutters, vehicles, or pedestrians. (4) The use or structure is consistent with the Intent of the district in which the use is proposed, and with the Purpose and Intent of this By-Law. (5) All municipal services necessary to meet the needs of the proposed use must be adequate and sufficient. b. In approving a special permit, the SPGA may attach such conditions and safeguards as are deemed necessary to protect the neighborhood, such as: (l) Requirement of screened parking areas or other parts of the premises from adjoining premises or from the street by walls, fences, planting, or other devices. (2) Modification of the exterior features or appearance of the structure. (3) Limitation of size, number of occupants, method or time of operation, or extent of facilities. (4) Regulation of number, design, and location of access drives or other traffic features. (5) A bond or other security to insure compliance with the conditions of authorization. The Applicant, when other than the owner(s), and the owner(s) of land will be responsible for mitigation measures or conditions which are required as part of a favorable decision for issuance of a special permit. 4.Repetitive Application No appeal, application, and/or petition that hasbeen unfavorably and finally acted upon by the SPGA shall be reconsidered within two years after the date of final unfavorable action unless the SPGA finds that there have been specific and material changes in the conditions upon which the previous unfavorable action was based. Such reconsideration of an application shall include: a.The SPGA by a supermajority vote must consent to such reconsideration of the application. b.Notice is given to interested parties of the time and place of the proceedings when the question of such consent is considered. c.The application review procedure shall be in accordance with the procedures for all special permits specified in Section VI.E.2. herein. d.The SPGA shall weigh the reapplication to determine the specific and material changes that have occurred in the conditions upon which the unfavorable decision was based and shall describe such changes in the record of its proceedings. 4.Repetitive Application No application which has been unfavorably and finally acted upon by the SPGA shall be reconsidered within two years after the date of final unfavorable action, unless said Town Meeting374 Town of Framingham2016 Annual Town Report authority finds specific and material changes in the conditions upon which the previous unfavorable action is based, and only after notice is given to interested parties of the time and place of the proceedings when the question of such consent is considered. Four out of five members of the Planning Board must consent to such reconsideration. The application procedure and the consent shall be in accordance with the procedures for all special permits specified in Section VI.E.2. herein. 5.Expiration of Special Permit Pursuant to M.G.L. c. 40A, Section 9, a special permit granted under this section shall lapse within three years, not including such time required to pursue or await the determination of an appeal as referred to in M.G.L. c. 40A, Section17. Request for an Extension of Time: a.Prior to the expiration of a special permit granted by a SPGA, a Petitioner may request an Extension of Time. The Petitioner must show good cause for such request and/or in the case of a permit for construction, if construction was not begun by such date expect for good cause. A request for an Extension of Time shall follow the procedures outlined in Sections VI.E.2.c-f, h, and i. 5.Expiration of Special Permit Pursuant to MGL , Chapter 40A §9, a special permit granted under this section shall lapse within two years, not including such time required to pursue or await the determination of an appeal as referred to in MGL , Chapter 40A §17, from the grant thereof, if a substantial use thereof has not sooner commenced expect for good cause, or in the case of a permit for construction, if construction was not begun by such date expect for good cause. A32AM/A RTICLE DDITIONAL OTIONSMENDMENTS October 26, 2016 Passed: I move that Paragraph 2, subparagraph (h.) Decisions i(b) be amended TO occur no more than Robert Snider, Precinct 11 _________________________________________________________________________________ October 26, 2016 Passed: I move that the Zoning Bylaw, Section VI.E.2.f.ii. as presented in all Town Meeting Members in the precinct where the property is located, and the chairperson of the Town Meeting Standing R. Kathy Vassar, Precinct 1 A33  RTICLE To see if the Town will vote to amend the provisions of the Zoning Bylaws under Section VI. G. 1. by prohibiting use variances in all zoning districts, or take any action relative thereto. Town Meeting375 Town of Framingham2016 Annual Town Report Pass any vote or take any action relative thereto. (S. Bernstein) October 26, 2016 Failed: That Section VI.G.VARIANCES 1. Limitation of Use Variances in its entirety and substitute the following language: A variance authorizing a use or activity not otherwise permitted in the district in which the land is located shall be prohibited in all zoning districts including, but not limited to, all of the uses listed in Section II.C. of this Bylaw as expressly prohibited. A34  RTICLE To see if the Town will vote to amend Article V, Section 9 of the General By-laws as follows, with deleted text shown as strikeout and added text in bold, underlined print. Pass any vote or take any action thereto. Sponsor: Disability Commission October 20, 2016 Voted: That Article V, section 9 of the General Bylaws be amended as follows, with deleted text shown as strikeout and added text in bold, underlined print, as printed in the warrant book and attached. Approved by the Attorney General on March 3, 2017. A34-A  RTICLE TTACHMENT Section 9. Accessible Parking 9.1 Designated parking spaces shall be provided in public and private off street parking areas for with disabilities vehicles owned and operated by disabled veterans , or by persons with disabilities, or for any vehicle transporting a person with a disability. Such vehicle shall bear the distinctive number plates or placard authorized by Massachusetts General Law Chapter 90, Section 2. 9.1.1 Any person or body who has lawful control of a public or private way, or of improved or enclosed property used as off street parking areas for businesses, shopping, malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, or for any other place where the public has the right of access as invitees or licensees, shall reserve parking spaces in said off street parking areas for any vehicle owned and/or operated by a veteran with a disability, or person with a disability whose vehicle bears the distinguishing license plate or placard authorized by Chapter 90, Section 2 according to the following formula: Total SpacesRequired Accessible Spaces 1-251 Space 26-502 Spaces 51-753 Spaces Town Meeting376 Town of Framingham2016 Annual Town Report 76-1004 Spaces 101-1505 Spaces 151-2006 Spaces 201-3007 Spaces 301-4008 Spaces 401-5009 Spaces 501-1,0002% of Total Spaces 1,001 and over20 plus 1 for each 100 over 1000 O ne in six (6) designated accessible spaces but not less than one shall be van accessible. Outpatient Medical Facilities: 10% of Total Spaces Facilities specializing in the treatment or services for people with mobility impairments: 20% of Total Spaces multiple Parking for liple dwellings, including residential condominiums, are subject to all provisions of the Architectural Access Board regulations (521 CMR) and this bylaw. 9.1.2 Each parking space designated as reserved under the provisions of subsection 9.1.1. shall be identified by the use of an above grade sign located at the head of each space and no more than ten feet away, and be permanently affixed to the ground or The top of the sign shall not be lower than 5 feet from the ground, nor structure. more than 8 feet from the ground. Signs shall show the "International Symbol of Access" and may have the words "Accessible Parking: Special Plate Required, Unauthorized Vehicles May Be Removed At Owners Expense" in white on a blue background. The top of the sign shall not be lower than 5 feet from the ground, nor more than 8 feet from the ground.A smaller sign may be added indicating the fine .2, amount in Section 9.3 third paragraph. The spaces shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructive methods permitting sidewalk access to a person with a disability, and shall be eight feet wide plus a 5 foot aisle with diagonal striping. Two accessible spaces may share a common access aisle. Van accessible spaces shall be 8 feet wide with a striped access aisle 8 feet wide allowing a van to operate a lift. Each such space shall have a sign designating it van In addition, centered at the head of the eight (8) foot striped access accessible. aisle an addition shall not obstruct the accessible route at the head of the access aisle Alternatively, all spaces may be universal spaces, 11 feet wide with an access aisle 5 feet wide. Accessible spaces shall be marked by high contrast painted lines or other high contrast delineation. Access aisles shall be clearly marked by means of diagonal stripes. The signs and pavement marking shall be maintained in a timely manner. Town Meeting377 Town of Framingham2016 Annual Town Report 9.2 No person shall leave any unauthorized vehicle within parking spaces designated for use by veterans with disabilities or persons with disabilities as authorized by Section 9. 1 hereof or with in such a manner as to obstruct a curb ramp designated for use by handicapped persons disabilitiesn as a means of egress to a street or public way. The cross hatch area abutting a Accessible Parking space shall, for the purposes of this section, be considered a part of the Accessible Parking space. Furthermore, any person or body who has lawful control of a public or private way or of improved or enclosed property used as off street parking for authorized vehicles bearing HP plates or placards shall be responsible for exercising reasonable care to see that the spaces and access ramps be kept clear of, but not limited to, snow, debris, refuse and shopping carts If snow stops falling after sunrise (during so the spaces are accessible and usable. daylight hours), property owners will have until 10 p.m. that same day to clear the HP parking spaces, sidewalks, and curb cuts. If snow stops falling after sunset (overnight), property owners will have until 10 a.m. the next day to clear the HP parking spaces, sidewalks, and curb cuts. 9.3 The penalty for violation of this Bylaw shall be as follows: 9.3.1 Violations of Section 9.1.1 or 9.1.2 shall be fifty dollars ($50) dollars per day per violation after the person or body having lawful control of the ways or property has been given written notice and not less than 30 days to comply. 9.3.2 Violations of Section 9.2 shall be three hundred dollars ($300) for each offense, and the vehicle may be removed according to the provisions of Massachusetts General Law Chapter 266, Section 120D. 9.4 Violations of Section 9.1.1 and 9.1.2 shall be enforced by the Building Commissioner. Violations of Section 9.2 shall be enforced by the Police Department. 9.5 Appeals may be made to the Board of Selectmen or its designees and shall be granted in accordance with current Americans with Disabilities Act (ADA) and Mass. Architectural Access Board (AAB) regulations. 9.6 One half of all funds received from fines for Accessible Parking violations shall be deposited by the Town Treasurer into a separate account and shall be solely used for the benefit of persons with disabilities. Said account shall be established by the Town Treasurer and kept separate and apart from all other funds. Expenditures from said account, including all interest, if any, shall be made upon the recommendation of the Disability Commission with approval of the Board of Selectmen and Town Manager. The Town Accountant shall submit annually a report of said account to the Town Manager and Board of Selectmen for review. A35  RTICLE To see if the Town will vote to authorize and approve the filing of a petition with the General Court of the Commonwealth under the so- 3, of the Acts of 1949 by reducing the number of town meeting members elected in each precinct from twelve to nine so that after three elections the total number of town meeting members shall equal nine times the number of precincts, or take any action relative thereto. Pass any vote or take any action relative thereto. Town Meeting378 Town of Framingham2016 Annual Town Report Sponsor: Government Study Committee October 20, 2016 Voted: That the Town authorize and approve the filing of a petition with the General Court of the Commonwealth under the so- Chapter 143, Section 3, of the Acts of 1949 by reducing the number of town meeting members elected in each precinct from twelve to nine so that after three elections the total number of town meeting members shall equal nine times the number of precincts. Such change shall be implemented over a three-year period by reducing the number of town meeting members elected annually from each precinct from four to three. 55 voting in favor, 52 opposed. A35AM/A  RTICLE DDITIONAL OTIONSMENDMENTS October 20, 2016 Failed: I move that Article 35 be indefinitely postponed. Allan Smith, Precinct 12 _________________________________________________________________________________ October 20, 2016 Failed: - vote getters shall receive three year seats, following three shall receive 2 year seats and the R. Kathy Vassar, Precinct 1 _________________________________________________________________________________ October 27, 2016 Failed: I move reconsideration of Article 35. Kevin P. Crotty, Precinct 7 A36  RTICLE To see if the Town will vote to authorize and approve the filing of a petition with the General Court of the Commonwealth under the so- 6, of the Acts of 1949 by amending the number of town meeting members that constitute a quorum for doing business from eighty to a majority of elected town meeting members, or take any action relative thereto. Pass any vote or take any action relative thereto. Sponsor: Government Study Committee October 27, 2016 Voted: That the Town authorize and approve the filing of a petition with the General Court of the Commonwealth under the so- Chapter 143, Section 6, of the Acts of 1949 by amending the number of town meeting members that constitute a quorum for doing business from eighty to a majority of those serving as town meeting members. Unanimously passed. A37  RTICLE Town Meeting379 Town of Framingham2016 Annual Town Report To see if the Town will vote to amend Article III of the General Bylaws by adding a provision to prevent Town Meeting Members from participating in the consideration of articles in which they have a financial conflict of interest, and by providing for the filing and publication of such potential conflicts, or take any action relative thereto. Pass any vote or take any action relative thereto. Sponsor: Government Study Committee November 1, 2016 Voted: That Article III of the General Bylaws be amended by adding the following Section and Subsections: 1.18 A Town Meeting Member or his or her immediate family member who has a financial interest in any matter that is the subject of a Town Meeting Warrant Article or serves as an officer, director, partner or employee in any business or organization that has an interest in any matter that is the subject of a Town Meeting Warrant Article, such Town Meeting Member shall file a written Notice of Conflict of Interest with the Town Clerk at least seven (7) days prior to the start of a Town Meeting session indicating the Warrant Article and/or line item and the financial interest in which the relationship or financial interest exists. 1.18.1 spouse, parents, children, brothers and sisters of the Town Meeting Member and the 1.18.2 A Town Meeting Member shall abstain from voting on any Article or line item in which he or she has a financial interest. Nothing in this Section 1.18 shall prohibit a Town Meeting Member from voting on the overall budget appropriation for his or her department or business or organization despite the inclusion of a line item where there is such a conflict, or from participating in the consideration of articles involving a determination of general policy where the interest of the Town Meeting Member or his or her immediate family members is shared with a substantial segment of the population of the Town. 1.18.3 The Town Clerk shall maintain a list of all notices of conflict of interest filed by Town Meeting Members and make copies of it available on the Town Meeting literature table at least 30 minutes before the posted starting time of the first Town Meeting session. 1.18.4 Town Meeting Members wishing to speak on an Article or line item shall first disclose any financial conflict of interest to Town Meeting. Approved by the Attorney General on March 3, 2017. A38  RTICLE To see if the Town will vote to amend Article III, Sections 1.4 and 1.13.6 of the General Bylaws by providing for a Winter Special Town Meeting, or take any action relative thereto. Pass any vote or take any action relative thereto. Sponsor: Government Study Committee November 1, 2016 Failed: That Article III, Section 1.4 of the General Bylaws be amended by Town Meeting380 Town of Framingham2016 Annual Town Report Town Meeting to be held on the third Tuesday of October and a Winter Special Town Meeting to be A39  RTICLE To see if the Town will vote to amend Article III of the General Bylaws by deleting the requirement in Section 2.2 that members of Standing Committees be elected during the Annual Town Meeting, deleting Section 2.8 in its entirety, and adding a Section 5 describing how Town Meeting Members are organized by precinct, how and when members of Standing Committees are chosen, and defining the duties and responsibilities of precinct officers. Pass any vote or take any action relative thereto. Sponsor: Government Study Committee November 1, 2016 Voted: That this article be referred back to Sponsor. A39AM/A  RTICLE DDITIONAL OTIONSMENDMENTS November 1, 2016 Not voted on due to refer back: I move that Town Meeting amend Article III of the General Bylaws by deleting the first sentence of Section 2.2 and inserting in place thereof the tee shall consist of Town Meeting Members, one from its entirety and adding the following Section: Section 5: Precinct Organization and Responsibilities 5.1 Precinct organization prior to Annual Town Meeting After the annual Town elections and prior to the first session of the Annual Town Meeting, the chair of each precinct shall convene a meeting of elected Town Meeting members from that precinct to: (a)Elect from their number a precinct chair, vice-chair and clerk, which shall become effective at the conclusion of the Annual Town Meeting; (b)Appoint a precinct representative to each of the Standing Committees with approval from the precinct members in attendance, which shall become effective at the final adjournment of the Annual Town Meeting and expire at the final adjournment of the following Annual Town Meeting; (c)Review the Articles in the Warrant and hear reports from the precinct representatives to Standing Committees and others in attendance. 5.2 Precinct meetings in advance of each Special Town Meeting Prior to each Annual Town Meeting and, if practicable, prior to each Special Town Meeting, the precinct chair shall convene a meeting of elected Town Meeting members from that precinct to review the Articles in the Warrant and hear reports from the precinct representatives to Standing Committees or others in attendance. Town Meeting381 Town of Framingham2016 Annual Town Report 5.3 Reporting The precinct clerk shall report in writing to the Town Clerk the names of the officers of the precinct, the appointed precinct representatives to each of the Standing Committees, and any resident designated to fill a vacancy in the precinct delegation no later than 48 hours prior to when the ensuing Town Meeting is scheduled to convene. 5.4 Designating a Precinct Chair for Precinct Meetings If none of the precinct officers are available or no longer serving as elected Town Meeting members from that precinct, the Town Clerk shall notify the Town Moderator who shall appoint an elected Town Meeting member from that precinct to convene the precinct meeting. 5.5 Designated Date and Time for Precinct Meetings To ensure that Town Meeting Members are prepared for their duties to appropriate funds and act on changes to Town bylaws, precinct meetings shall be held on the Wednesday of the week hold a meeting on Precinct Night. 5.6 Joint Precinct Meetings Precinct chairs, at their discretion, may convene precinct meetings required under this Section with one or more other precinct delegations to review Warrant Articles. Bradley Bauler, Precinct 12 A40  RTICLE To see if the Town will vote to Amend Bylaw Article III, Section 1.8.2 regarding distribution of literature at Town Meeting. Pass any vote or take any action relative thereto. Sponsor: Standing Committee on Rules November 1, 2016 Voted: That the Bylaw, Article III, Section 1.8.2(a) and (d) be amended by replacing these sections with the following: (a) literature shall be placed on the table 30 minutes before the posted starting time of a Town Meeting session, preferably at a session before the session when the article for which the literature refers is discussed, and (d) the number of the article to which it refers and the date the document was prepared be clearly indicated at the top of each page and if literature is included for different articles the literature for each article shall begin on a separate page, and Approved by the Attorney General on March 3, 2017. A41  RTICLE To see if the Town will vote to Amend Bylaw Article I, Section 5.10.2 regarding the minutes of meetings of a board, committee or commission. Town Meeting382 Town of Framingham2016 Annual Town Report Pass any vote or take any action relative thereto. Sponsor: Standing Committee on Rules November 1, 2016 Voted: That the Bylaw Article I, Section 5.10.2 be amended by replacing this bold section with the following words shown as strike-out deleted and the words shown in underlined added: of a board, committee, or commission The minutes of each public meeting shall be prepared by the clerk or his or her designee of the respective board, commission or committee, and sent to the Town within ten (10) days, not including weekend days or Clerk within 45 days of the meeting. holidays, following the next meeting of the board, committee, or commission; but not later than 45 days after the date when the meeting was held. The minutes shall indicate whether they have or have not been approved by the board, committee or commission when submitted to the Town Clerk. If a meeting is cancelled, or if no quorum is present at a scheduled meeting, the Town Clerk shall be and minutes do not have to be provided notified . Approved by the Attorney General on March 3, 2017. A41AM/A  RTICLE DDITIONAL OTIONSMENDMENTS November 1, 2016 Failed: On behalf of the Government Study Committee, that Article 41 be referred back to the Rules Committee for further refinement and reintroduction to town meeting at the 2017 Annual Town Meeting. Bradley Bauler, Precinct 12 A42  RTICLE To see if the Town will vote to Amend Bylaw Article III, Section 1.6.1 regarding Town Meeting procedures for reconsidering a warrant article at Town Meeting. Pass any vote or take any action relative thereto. Sponsor: Standing Committee on Rules October 18, 2016 Voted: That the Town bylaws, Article III Section 1.6.1 be amended by deleting underlined the words shown below as strikeout and adding the words shown below as . 1.6.1 A motion to reconsider a voteon any question shall be in order if any one of the following four conditions is met: (a) reconsideration If the motion is made during the session the original vote was taken made. Debate and a vote on the motion to reconsider however, shall be tabled , to the first order of business of the next session, unless by majority vote, debate and reconsideration a vote on the motion is tabled to the first order of business of a definite designated session. (b)reconsiderationthe If the motion is made with seventy-five percent consent of all voting on the reconsideration motion at the Town Meeting Members present at any session after the session at which the original vote was taken. Debate and a vote Town Meeting383 Town of Framingham2016 Annual Town Report on the motion to reconsider however, shall be tabled to the first order of business of the next session, unless by majority vote debate and a vote on the motion is tabled to the first order of business of a definite designated session. (c) reconsideration If the motion is made after the session the original vote was taken, provided written notice of such intention was given to the Town Clerk on the day after the original vote. The Town Clerk shall give immediate notice of pending reconsideration by notifying the local daily newspaper. At the first session following such publication, when the motion to reconsider is made, debate and a vote on the motion to reconsider shall be taken when the motion is made;unless,, Unless by a majority vote debate and a vote on the motion to reconsider is tabled to the first order of business of a definite designated session. (d)the reconsiderationis made during the If in the case of a final session a motion final session for reconsideration of any matter previously voted during the same the immediately previous session. session or during a session on the immediately preceding day. only However, a debate and a vote on this motion to reconsider may be taken only ,, after all other articles have been acted upon unless in the Moderator's discretion reconsidermadeanother debate and a vote on the motion at any other point in the session would expedite the conduct of Town Meeting. Approved by the Attorney General on March 3, 2017. A43  RTICLE To see if the Town will vote to amend Bylaw Article II, Section 2.7 and Article III, Section 1.13.3 relating to a report by the CFO at the Fall Town Meeting on the anticipated levy increase for the next fiscal year. Pass any vote or take any action relative thereto. Sponsor: Standing Committee on Rules November 1, 2016 Voted: That the Bylaw Article II, Section 2.7 be amended by deleting paragraph (g) which states: (g) prepare and submit annually a warrant article for the Fall Town Meeting to present an assessment of the budgetary needs of the town for the next fiscal year; and requesting the Meeting such a budget shall be presented as an option for the annual town meeting. Further, that Bylaw Article III, Section 1.13.3 be amended by deleting the words using strike-out shown below. At each Fall Town Meeting the Chief Financial Officer shall report to the Town Meeting on the . The Chief Financial Officer long-term financial forecast of revenue and major expense increases shall also present an assessment of the budgetary needs of the Town for the next fiscal year Town Meeting384 Town of Framingham2016 Annual Town Report including the anticipated change in t Approved by the Attorney General on March 3, 2017. A44  RTICLE To see if the Town will vote to Amend Bylaw Article III, Section 1.1 and Section 1.2 with the text of the existing Section 1.2 incorporated into Section 1.1 and new text for Section 1.2 replacing the existing text to describe the period for opening and closing a warrant. Pass any vote or take any action relative thereto. Sponsor: Standing Committee on Rules November 1, 2016 Failed: That the Bylaw Article III, Section 1.1 and Section 1.2 be amended as follows. The text of Sections 1.2 which states: The polls shall be opened at 7:00 a.m. and shall remain open until 8:00 p.m. shall be placed as the last sentence in Section 1.1 and new text for Section 1.2 shall be as follows: 1.2 Whenever the Board of Selectmen calls a town meeting, either the Annual Town Meeting or a Special Town Meeting, after the warrant has been openedfor the submission of articles the warrant shall not be closed in fewer than 3 days, not including weekend days or holidays. A45  RTICLE To see if the Town will vote to amend the Town Bylaws Article III, Section 2 on Standing Committees. Pass any vote or take any action relative thereto. Sponsor: Standing Committee on Rules October 18, 2016 Voted: That the bylaws Article III, Section 2 Standing Committees be amended as follows: In section 2.1.2 (a) regarding the Public Works Standing Committee replace with . In section 2.1.2 (c) regarding the Community Services Standing Committee replace: Community Development Block Grant Committee, Council on Aging, Human Relations, with: Department, the appropriations Edgell Grove Cemetery, the Community Development Block Grant , Commission, Committee Council on Aging, Human Relations and Fair Housing Town Meeting385 Town of Framingham2016 Annual Town Report In section 2.1.2 (d) regarding the Public Safety Standing Committee replace: Veterans Service), the Fire Division, and the Inspection Services Division excluding the with: the Public Health Division Approved by the Attorney General on March 3, 2017. A46  RTICLE To see if the Town will vote to amend Article VIII, Section 8.4 Enforcement of the Plastic Bag Reduction By-law as reflected in the background material printed in the complete Fall Special Town Meeting warrant book. Pass any vote or take any action relative thereto. Sponsor: Town Clerk on behalf of Kenneth Weiss October 18, 2016 Voted: That the bylaws be amended by adding Section 8 Plastic Bag Reduction Bylaw to article VIII as follows, with deleted text shown as strikeout and added text in bold, underlined print: 8.4. Enforcement Process Enforcement of this bylaw shall be the responsibility of the Town Manager or his/her designee. The Town Manager shall determine the inspection process to be followed, incorporating the process into other town duties as appropriate. Any retail or grocery store distributing plastic grocery bags in violation of this bylaw shall be subject to a non-criminal disposition fine as specified in Appendix A Article X of the of the Regulations for Enforcement of Town Bylaws under M.G.L. Chapter 40, §21D. Any such fines shall be paid to the Town of Framingham. Approved by the Attorney General on March 3, 2017. Town Meeting386 Town of Framingham2016 Annual Town Report O18,2016STM CTOBER PECIAL OWN EETING A1 RTICLE To see if the Town will raise and appropriate, transfer from available funds, or otherwise provide $243,000 to settle potential litigation arising under a June 17, 2008 lease for 154 Pearl Street between the Town of Framingham and the Boys and Girls Club of Metrowest, Inc., pursuant to Article II, Section 1.4 of the General Bylaws. Pass any vote or take any action relative thereto. Sponsor: Board of Selectmen / Planning Board October 18, 2016 Voted: That the Town raise and appropriate, transfer from available funds, or otherwise provide $243,000 to settle claims arising under a lease for 154 Pearl Street dated June 17, 2008 between the Town of Framingham and the Boys and Girls Club of MetroWest, Inc. 102 voting in favor, 34 opposed 5 abstentions. A1AM/A RTICLE DDITIONAL OTIONSMENDMENTS October 18, 2016 Failed: I move to amend Article 1 to read the additional language to the main article as follows: Boys and Girls Club of MetroWest, $10,000 per month for lease space at the church of Saint Stephen- Framingham until the entire $100,000 is spent and that these payments start August 1, 2017. Gerald Bloomfield, Precinct 1 ___________________________________________________________________________________ October 18, 2016 Failed: I move that the dollar amount of the agreement in article 1 be changed from $243,000 to $121,500, which is exactly a 50% decrease. The two disbursements indicated in the background information will accordingly be reduced by 50%. The $143,000 payment will be changed to $71,500, and the final proposed payment of $100,000 be reduced to $50,000. William G. McCarthy, Precinct 10 Town Meeting387