Belmont Town Meeting, 2013, Day 1

Welcome to the first night of Belmont's Town Meeting 2013. 

While this year's warrant is a bit longer then previous years, tonight will be a "short" night as the Town Moderator, Mike Widmer, is taking tomorrow's state primary election into consideration so if Town Meeting has reached article 18 at 9 p.m., then he will move on to read articles 25 and 27. But if 9 p.m. comes by and 18 hasn't been completed, then articles 25 and 27 will start Wednesday's second night. 

And here is the order of articles for the first night of Town Meeting: 1, 2, 16, 17, 19, 14, 15, 13, 18 and maybe 25 and 27.

It's 6:48 p.m. and the crowd is coming in. 

As you have heard, the Demo Delay article has been pushed back to June due to a lot of work that now needs to be done. 

The meeting starts at 7:10 p.m., for the third time in as many years. It is now officially a tradition.

A wonderful speech by Rabbi Jonathan Kraus to open the Town Meeting. 

A moment of silence by Widmer for the victims of the Boston Marathon bombing. 

Sandy Kendall is at the piano to play "God Bless America." 

7:25 p.m.: The formalities are done and Selectmen Ralph Jones is reading a proclamation honoring Walter Flewelling who died recently, a seven-term Selectmen, a Town Meeting member from 1965 to 2006 and just about every other committee and board in the town. Truely a great man of Belmont. 

7:33 p.m.: The first article, "an easy one," said Anne Marie Mahoney, chairwoman of the Capital Budget Committee, a clarifying article that will recodify the general bylaws to the letter of the law. George Hall, town consel, explains it; it's known as a tag.

Unlike past years, it's actually quite cool in the auditorium.

7:40 p.m.: Belmont Historic District Commission's Mike Smith is reading article 17 which establishes the 10-acre Richardson Farm Historic District, which everyone is in favor of because it involves "Belmont Grand Dame, Lydia Ogilby." A big ovation for Lydia - who receives roses from Smith - and her son for preserving this land as open land restricted to farming. A big hand as the article is passed unanimously. 

7:52 p.m.: Article 19, which cleans up the appointing powers of the Police Chief. It was a special act three years ago so now changing the bylaw to follow the state law. Approved unanimously. 

7:52 p.m.: The first significant article will be article 14, the special act to double the number of restaruant liquor licenses to 16 establishments with 39 to 125 seats. The licenses will cost $2,500. Andy Rojas said its all about economic development, asked constantly by those who want to come to town.

Maryann Scali of Pct 2 wants to let the owners know that these licenses are not allowing the establishment to create a bar at the front door. Bob Mercier of Pct. 8 suggests that when they are given an $8 drink they are given a $25 bill so the rest going to the meal to prevent people from coming in. Kim Becker of Pct. 6 said that Selectmen should be aware that parking and noise can effect businesses already in the area. "We are just doubling the number for the developers and that's unsettling," said Becker, to a smattering of applause. Sara Oaklander of Pct. 8 is delighted with the article. 

No nays so approved unanimously.

8:07 p.m.: Andy is back up for Article 15 that would add another retail liquor license. While Andrea Serra Masciari, Pct. 5, will continue to be a fan of the existing liquor places but liquor stores are magnet for crime, quoting Susan Cheever and police reports. The last thing we need is place for young people to act badly. Vote no on this article so not to create a problem in Belmont. Mark Paolillo will take seriously who they give a license to not to bring a "package store."

Bob Mercier, Pct. 8, 10 years from now we could have different Selectmen so looked at very carefully so push aside. Vincent Stanton, Pct. 3, will vote in favor but remember that in 2009 to tax meals so increase licenses in restaurants we win but not with retail. Once granted, if the business owner alters their business plan, can they withdraw the license. "I don't know the answer, great question," said Paolillo. Hall said there needs to be cause. Roy Epstein, Pct. 6, said he lives near Spirited Gourmet is a "splendid success." Joe White, Pct. 4, can there be more regulations/more restrictive on this new applicant? Hall said Selectmen said maybe. Paolillo said yes, there can be restrictions. Susan Robotham, Pct. 2, asks if the town can be sued if they are rejected for being too restrictive? Hall said state can not order a license, the town has that control. Rojas said the town takes in $41,000 annually. Lisa Oteri, pct. 3, can there be something in Waverley Square but there is proximity to schools - we could use guidelines rather then just leave it up to Selectmen. Very few places that these places can work. "We are very careful with that," said Rojas. A few nays but overwhelming approval. 

8:31 p.m.: We are now at article 13 the special act that will give the Town Administrator to become the town's CEO. Amendments include removing the word "policy" since the BOS changes its minds and it no longer want to become a simply "policy" board. Others include keeping the Health Department independent from the administrator's prying eyes on hiring the town's Health Director or other employees. This is due to David Alper, the vice chairman of the Health Board, and his insistence that the board needs its independence as it creates its own regulations so it was more like the police department. Alper said clearly, the legislature has given health boards regulatory powers. "Sometimes you need a separate silo to separate the wheat and the corn." 

Paul Solomon, the chairman of the Government Structure Review Committee, said the article is all about efficiency, creating a town's Chief Administrative Officer, appropriate for a town of a $90 million budget. The TA will have appointment powers over all in town with big exceptions for police, fire, clerk, treasurer and now the health board and, if passed, the Board of Library of Trustees. 

Jennie Fallon, pct. 1, said she would rather vote for the original article without amendments. Is there something that the TM is accomplishing by passing the article? asked Fallon. Solomon said the committee was "persuaded" to approve the Health Board, What's left? It sends a message that TA is chief administrator officer of the town. Vincent Stanton, pct. 3, said the Town Meeting would have a better understanding if there was an organizational chart to show the changes. Sorry, we don't have it and it wouldn't really have much of an effect, said Solomon. He also said many town's have very strong Town Managers.

Bob McLaughlin, pct. 2 and a member of the Gov't Review Committee, said there is now right or wrong in government structure. "For me, we need a five member policy board of selectmen and a "czar" to run the place," said McLaughlin, to applause. But so much in terms of compromise, the article is now "a symbolic" act. The silos - every department selects own directors - remains so the Administrator has some power in running the town. Paolillo said that the Selectmen still has control of the board. "He can't make a move without us," he said. The person should run the town. 

Andy Rojas said he was the person who wanted policy removed, by creating a strong administrator, the voters don't feel as close to that person as opposed to the selectmen who they voted for. "I just don't want to make policy. I want to make decisions," he said. 

Alper now brings Donna Moultrup, the long-time former Health Director, says the health department is working very well so the Town Administrator should be a good negotiator. "Belmont elects good people with medical knowledge and hires good people" so there should not have another layer of oversight. Moultrup suggests that silos are OK as long as Town Administrator can handle it all. 

Ralph Jones said, yes, this is not what the committee wanted. And Assessors' understood that the Town Administrator would have appointing powers only with the advise and consent of the department. "This is not a huge power grab," said Jones.The question is moved on Alper's amendment. It passes. 

Now Matt Lowrie, head of the Board of Library Trustees, will ask for the same consideration as Alper got with his amendment. "Thanks, but no thanks." The Trustees knows more about hiring the director as they know about the day-to-day operations. The library is the one elected body that the town wants to take away our power." Only found out a month ago, which is not a way to talk about a "silo." 

There is this silo question and I have a hard time with, no language for the management silo issue.

And instant message from a Town Meeting rep: "A bit too much protesting. State the facts and off." 

Solomon to Lowrie: We are not picking on the library. There will be no change on who runs the library - they are answerable to the board and nothing in the language in the article that says that."  

Sue Bass, pct. 3, asks a good question: how does "advice and consent" work? Solomon said no impact of the library director or function of the library. Not so, said Bass, it wouldn't be before us. Bass now agrees with the Trustees because of first amendment/civil liberties issues, to be in the silo "to be independent to the political winds."

Tomi Olson, pct. 5, said that it's important for the independence of departments that elected bodies are allowed to keep their hiring ability. 

Jack Weis, pct. 1, wonders if the Town Administrator and boards have equal say in appointing employees. Yes, said Solomon. Well, how about if you change it around; have the board run the process and have the Town Administrator have the final sign off. Solomon doesn't see the issue as Weis does, but he didn't think a TA would hire someone without the board at his elbow, "it's a collaborative effort." Lowrie said the trustees will be more than happy to have a collaborative, all he has to do is show up for meetings. "It's not equal." 

It's a quarter to 10 p.m. This is the final article for the night. 

Librarian Judy McSwain, pct. 2, says department heads are very important so how can the Town Administrator have a better idea of who would be best for the job than the elected board. 

OK, the amendment will be voted on after Mr. Mercier is heard ... again. 

Fred Paulsen, pct. 1, says we will vote yes on the library amendment but also the amended article. He suggests meetings with the Town Administrator and department heads and elected boards to understand how to be efficient. 

Ralph Jones said it is up to Town Meeting to direct the selectmen and committees in what direction it should take.

Liz Allison, pct. 3, and Warrant Committee, said this article should have been taken up after the budgets are debated, to see the impact of the silos.

The article is moved and ... too close, a stand vote has been called.

The library amendment passes by four votes: 114 to 110.

Moderator Mike Widmer asks if the hall would like to vote on the amended article. A deep grumbling and Widmer says "sorry" and Joe White starts off the final set of questions. 

It's a quarter after 10 p.m., 15 minutes after what was expected to be the drop dead time for the first night. 

And the vote: overwhelmingly approved. 

The snow removal article is dismissed until the Special Town Meeting, the meeting is adjourned and the first thing on Wednesday will be the CPA. 

See you Wednesday for day 2.