LIVE BLOG: Framingham Town Meeting - Night 10

Framingham Patch will be live blogging during tonight’s Town Meeting session on May 19.

During the live blog please excuse any typos.

Framingham Patch will try to refresh as often as possible during the live blog.

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Town Meeting is expected to begin at 7:30 p.m. in Nevins Hall or when a quorum is reached.

Test question -- will Town Meeting finish this week?

VOTE 66-16-7

I’m sure hope you are right with this one - Moderator

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Article 20

Payment of Keefe Tech roof - Framingham share

CFO - no presentation

project completed

came in under budget

paying for under certified free cash

Committee reports

Fin Com - Betty Funk speak - 5-0-0 in favor

Critical matter to fix that roof - our share of the 5 communities

Harold Gellar - chair of ways & means speaking -- free cash is an appropriate use

vote - in favor 11-0-0

Dick Weader - chair of the education committee

project came in for half of what it was predicted to cost

30 year warranty

not wanting to use up bonding capacity

vote in favor $709,000 - 9-0

7:40 p.m. Town Meeting discussion

Bloomfield - TMM1 - speaking

have some issues with this article

paying cash for a capital project does not sit well with me.

where I come from Cash is king

we should preserve as much free cash as we can

always better to have free cash and not spend on a roof

we have historical low interest rates

The fact that the roof is already completed is irrelevant

free cash is no longer free nor cash -- as the CFO says all the time

We should not pay for capital projects under a checking account

This is just another bond out of many many bonds the town has issued

there is a solution to this out of taking out of free cash

never to late to bond a bondable item

FinCom and Ways & Means should hit this harder

why is it coming to Town Meeting after the fact.

Moderator -- you have 30 seconds left

Bloomfield -- this pattern we find ourselves

Like a motion -- Bloomfield

Moderator -- will not recognize the motion

Bloomfield -- you are not going to allow me to make a motion

Moderator - no I will not you spoke 5 minutes.

Karl Rookey -- more debt is more debt

personally like to have more paid for in cash and less paid for in credit

speaker spoken multiple times on this topic

Ray Marchand -- TMM14 -- rise to oppose this.

Don’t believe the Town Meeting can authorize to pay on a capital budget for a facility for which they do not own. Keefe Tech owned by the South Middlesex Vocational School.

I will challenge this with DOR (dept of revenue)

Town Counsel - Chris Petrini speaking -- funding formula with Keefe.

statute will allow this

Motion to move the question -- hand vote - 2/3rd needed passed

Main Motion

Electronic vote - request on a point of order

Editor’s Note: 110 TMM present

• VOTE -105-9-2 - PASSED

ARTICLE 21

CFO motion -- move as written in financial warrant book

Open space & conservation special purpose account

CFO -- no presentation - this is an operating account - extend beyond the fiscal year.

Letter of support from open space conservation working group

Fincom report - Betty Funk speaking - in favor of this minimal flexibility - 6-0- in favor

Harold Gellar - TMM2 - chair of ways & means - will support maintenance and passive open space

flexibility is important -- voted 11-0-0 in favor

Steval Shoal - TMM2 - chair of planing & zoning committee

we were confused by this bylaw

was not sure who would control the spending and what it would be for?

money could be used for a lot of purposes

could be used on private land an not just public land

we have a lot of questions about it

motion to refer back

motion failed 3-4

took an affirmative vote to do nothing 5-0-2

Yes -- 2 people abstain on doing nothing

Christine Long -- Planning Board chair speaking -- we are in favor of this 5-0

we also want to make sure it is coming out of free cash and not planning board mitigation money

good use of money if it comes from free cash

well needed and well used

hand vote -- about 5 hand in opposition ( moderator says 3) - PASSED

8:01 p.m.

Article 22

Salary schedule and classification plan

CFO Mary Ellen Kelley speaking

no presentation

T schedule salary to increase to apply to minimum wage law

Fin Com report - Betty Funk speaking - TMM6 -- 5-0-0 in favor

Ways & Means chair - Gellar speaking - TMM2 - two schedule T-schedule lower steps are below minimum wage have to be adjusted by law.

In terms of the PMS scale -- only 4 people on a different scale -- should be done for equity

11-0-1 in favor

Personnel Board on the screen - handout was on the back table says moderator

Discussion - none

hand vote - passed

8:04 p.m.

Article 23 was refer back to sponsor

Article 24

CFO -- motion as written in the financial warrant book

Payment in lieu of taxes for solar energy installation

CFO speaking -- agreement -- providing a structure tax agreement

allows the solar project to map out the savings it will generate

fixed payment for taxes

$42,600

right now we get nothing - as it state owned land

it is still state own land but we will not get new money for the town

Ways & means chair Gellar speaking this is not what you might think of for a pilot program

the entity Mass Solar Highway is obligated to pay taxes

town has determined the contract agreement amount of $42.000

actuality this is a win-win-win situation

MassDOT receives money

Town receives money for property previously untaxed

Framingham-based company Ameresco is making money

reducing carbon footprint to the town

11-0-0 in support

DISCUSSION

Bob Boyce - TMM5 - rise in favor of this article

Resolution -- Town Manager give a report on the green communities grants and grant received and update on green communities in town. Report due at October Town Meeting

Ned Price - TMM17 speaking - did Town of Framingham participate in negotiations?

About 17 years ago - on Exit 12 -- Mass Pike -- we rezoned exit 12 so Boston properties was able to potentially hotel complex on the oval near exit 12. Wondering what is the zoning down there? Does Framingham have an power on what is put there?

CFO speaking -- negotiations between Ameresco and Mass Turnpike was between them as it was state owned land. Ameresco tried to get waiver on taxes of solar panels but state said you have to negotiate with the town.

Town Counsel Chris Petrini -- speaking -- Mass Pike is exempt from local zoning. as a state entitry.

Ned Price -- folo up question -- why did we re-zone land at Exit 12

Petrini -- I believe there was some non Massachusetts owned land as part of the project.

Ken Weiss - TMM4 speaking our children need clean energy we should not be taxing it. solar in Massachusetts is till less than one percent. Encourage growth and jobs in this area. i will vote against this.

Dick Weader - TMM4 speaking I see one giant loophole with this - I am in favor of this in general.

Town Manager Bob Halpin speaking -- developer of this facility

Condition for the bank closing is the 20-year

Bank will not finance without the 20-year tax agreement

developer needs this to secure bank financing

MOVE the question -- hand vote -- passed

Motion to move -- hand vote - 2 hands in opposition -- passed says moderator

Resolution by Boyce -- hand vote -- passed

8:17 p.m.

Article 25

Citizen petition by Deb Butler - TMM7

Act supporting efforts to request a ruling regarding property tax valuation

Request a court ruling

Vote by resolution to request superior court decide the legality of evaluation between residential, commercial and industrial properties says Butler.

Assessor makes complex and important decisions without back up.

Many of the commercial valuations set in 2012 remainly largely unchanged today.

in 2012 residential property valued based on the sales method - what it would sell for.

2012 commercial/industrial valued differently

Not

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Chair of Board of Selectmen speaking -- I don’t think of any of you can remember when Town Meeting is asked to not defend the Town in a lawsuit

the presentation speaks primarily about the merits of the case

we can’t do that as it is in litigation

the article is directly the board of selectmen to not defend the Town.

Selectmen voted 4-0 to reject this.

Chris Petrini speaking -- while this is solely a resolution - we need to be careful that Town Meeting get involved in a lawsuit against the town.

once it happens once -- it will set a precedent

not support this

Discussion

Brad Bauer -- TMM12 -- question anything in curent bylaws - prevent Town Meeting from having an opinion in a litigation case?

Petrini -- it is a resolution. Town Meeting can give its opinion. Selectmen handle litigation. Advising that Town Meeting to not do so in this case - for unintentional future negative consequences.

Mark McClellan -- TMm12 -- speaking - concerned about the dangerous precedent

Town Meeting shown willingness to get involved

let’s not open the flood gates

we want an efficient effective Town Meeting

Patrick Dunne - TMM9 -- speaking - opposed to this resolution but 2 questions

who was on this ad hoc committe and what was their qualifications?

Butler -- Matt Calder - Audrey Hall and Carol sanchez

Norma Shulam - TMM5 - rise in opposition

is there financial implication with this resolution?

Butler -- there is no monetary benefit to be personally

Audrey Hall - TMM3 -- rose to speak - make a clarification

slide gave the impression that the committee found fault with the split rate - and that was not the committee’s finding at all.

Many of those issues have changed with changed with personnal and management changes

no concern by the ad hoc committee on the split rate

concern more to have to do with management and operational issues which have since been addressed.

8:33 p.m.

Moderator anyone in favor of this question?

Bloomfield -- I speak in favor of this but I have a question

Trying to understand the sponsors point?

Very high taxes for the town of Framingham.

Butler speaking -- unless Framingham increases the values of commercial properties the residentrial taxes will increase.

Ray Marchand -TMM14 - rise in strong opposition to this.

ask question to the article sponsor?

have all the administrative remedies appeal been exhausted before this court case?

Butler -- not required

Lloyd Kaye - Tmm16 - speaking - I was on that committee for 2 weeks. I was a banker for 30 years.

I am strongly against this article.

Motion made to move question hand vote - passed

resolution - electronic vote - majority vote needed and non-binding

Editor’s note: 121 Town Meeting members present

VOTE: 13-103-10 FAILS

8:38 p.m. Article 26

Judith Grove making motion - TMM15 speaking

Raise $50,000 for a Framingham Skate Park

Grove speaking -- chair of the skate park committee

70% of children over the age 13 drop off youth sports

skateparks are places where local youth meet and socialze and develop friendships

instead of coaches they have each othger

older kids teach the younger kids

It is low cost - child can skateboard with a $60 skateboard and a helmet

no gym membership or uniform

many kids don’t have parents to drive them

Grove talking about the physical and health benefits of skateboarding

there are schools that have skateboarding in their gyms

skateboard can fight obesity

kids will skate in empty lots - better to have a skate park.

parents will drive to other towns to skateboard

Marlboro is building its third park

Sherborn has 4,000 people have a skate park.

Melrose where I grew up has a skate park

she said none of the town who have skateparks have had a lawsuit said Grove

Framingham’s open space master plan does include building a skatepark.

some of the skate park committee teens are here tonight

we have had 17 meetings since October

Grove -- basketball produces more injuries and yet we have lots of basketball courts

Where will it be built?

If you build it in the wrong place it will fail.

Skatepark design must be made of concrete

maintenance almost non-existent

estimate design $350,000 including the site and buuilding

be the size of the double tennis courrts says Grove

Grove - 3 skateparks are being built every day

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Committee reports

FinCom - Betty Funk speaking - I got involved - replacement motion suggested

supported by the petitioner

adopted unanimously by the FinCom 5-0-0

why we decided to approach the petitioner in an amended motion

not gone through the traditional capital procedure

Place responsibility under Parks & Recreation

conform with MGL - chapter 45

advisory committee created for imput into process

plans to design & construct - no later than 2016 Town Meeting

• Location: advisory committee will decide on that
• Cost of design:2 national firms and range of costs - $50,000 is a compromise betwen a higher and a lower number
• size of committee - why so large? 11 people --this is a specific recommendation for all entities in town. Collaboration and cooperation model. tWhat is more important than an athletic opportunity for kids.
• right thing to do at a right town.

Harold Gellar - Ways & Means chair speaking -- this park is long in coming

sponsor explained the benefits and addressed the concerns

insurance and liability issues was addressed to our satisfaction

11-0-1 in favor

Resolution -- Gellar speaking -- sponsor be appointed as one of the three members to the skate park committee. Vote 9-0-2.

Jeanne Bullock - Capital Budget committee speaking originally did not pass

discussed again when FinCom made an amendment motion

Voted in favor

Planning Board chair speaking Christine Long - met with sponsor - planning board voted 5-0-0 in favor

very much supports this article

very much wants to see this get done

hope Town Meting will support this

Chair of Board of Selectmen Charlie Sisitsky speaking -- May 5th - review the revised motion and voted 4-0-0 in favor for the study - modest amount of money - calls for a comprehensive study

William Labarge -- TMM16 -- community services committee report speaking

voted 7-0-1 in favor

DISCUSSION

Jim Rizzoli - TMM14 speaking - very unusual for everybody to be in favor of it before they get to Town Meeting

Moderator - only based on the amount based on the amount in the motion

Rizzoli - making a motion -- Town of Framingham has a lot of assets hang around and do nothing. Town of Framingham should have a garage sale.

Wants to get rid of police command center - need to go out in the gargage center. and pay of the skate park.

Moderator - I will not accept the resolution

Bob Boyce - TMM5 -- rise in support

Motion -- add to members to the school administration to be appointed to the 11-member committee

The School committee will appoint the school administration members

Kross - TMM12 speaking

No one can question the dedication of the sponsor to this project

revised motion is the proper way to do this.

it is a process but it is the rightw ay to go about spending money in this town.

Moderator -- are you proposing to make this a 13-member committee?

Boyce not in the hall.

Maureen Dunne speaking - TM9 - rise in support

skate park will be an asset to our community

a well-thought out motion by FinCom

Motion to move the question - 2/3rd vote required -- question moved

The public was NOT allowed to speak. Several teens and children wanted to speak.

***

9;11 p.m.

Boyce -- yes want it to be a 13-member committee

Vote on Boyce motion -- hand vote -- moderator in question

electronic vote now being taken

majority vote needed

Point of clarification -- Joel Winett

Moderator read motion again

VOTE: 50-59-21 - FAILS

9:14 p.m.Committee will be 11 members

Vote on main motion article 26

moderator wanted hand vote

Town Meeting said no

Electronic vote

VOTE: 125-4-1 in favor

PASSED

Clapping in Town Meeting

Point of order -- Judy Grove - can I recognuize the parents?

Moderator - No - it passed overwhelimingly

Ways & Means resolution - Judy Grove get appointd to the committee

hand vote - passed

***

9:17 p.m.

Article 27 - referred back

• Article 28 - as printed in the warrant book citizens petition - K, Weiss.
  
• Presentation by the sponsor
  

Municipal aggregation

collective bargaining

00% renewable energy

allows town to buy energy for residents and small businesses

Moderator -- this is a resolution and is not binding

Ways & means chair speaking committee had concerns about the article

Likely more expensive that rates by NStar or Eversource

Hand vote -- FAILS

9:30 p.m.

Motion Article 34 taken up after Article 29 - Crotty 0 TMM7

hand vote - passed

Article 29 --

Complete Streets

Planning Director Amanda Loomis presentation

why complete streets?

cleaner air

increase safety transportation costs

decrease individual

not able to comfortable walk - it is not a complete streets

lack of sidewalks

no curb cuts

$20 million for complete streets between 20016-19

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Committee reports

Kevin Gatlin - chair of public safety speaking

I work in Somerville and they have adopted this ...

really innovative what Somerville has done.

Moderator -- you are giving the committee report

Gatlin - 6-0-2 in favor

Planning Board Christine Long speaking -- this relates to the quality of life for all users

healthy and walkable community

safe and multi-mode transportation

reduce carbon footprint

economic development tool

attract and retain companies and employees

VOTE 5-0-0 to support

Steven Shoal -- chair planning & zoning speaking TMM2: 30 pages of information in warrantbook for this article

6-2-3 in favor

DISCUSSION

• Richard Barritz - TMM17 - ask presenter question - do you have to have a crossway? Ever street can not be a complete street>? what is the plan?

Planning Board administrator speaking -- tool ranked all the streets - positive or eligible for complete streets

Karl Rookey - TMM14 speaking -- point of information -- explanation - on motion

Moderator -- there is an amendment motion

Jim Rizzoli - TMM14 -- whenever I hear someone say free money - my antennae goes up says no way.

some town are doing this -- there are no towns with a train in the middle of it.

Try dealing with that situation

In Framingham we have some serious issues

the money is not really free.

it will hog tie this town for another 10 years

I’;m against this as it will cause more problems in this town with traffic.

Jake Bajakeian speaking -- if we opt into this we can not opt out

remember that

question -- cost to make Salem End Road a complete street?

Peter Sellers - DPW director speaking - not likely Salem End Road would ever be qualified for a complete street. Historic character. likely not acceptable for complete street

• Bob Halpin Town Manager speaking - Selectmen established a complete street policy for the town. consider the needs of pedestrians and cyslist with equal footing as cars. Add to walkability and bikability of our community.
• I think we can all agree there i no free money
• communities across the commonwealth and country are adopting this
• translate into increased property values with increased walkability

Joe Rizzoli - TMM14 -- speaking - I am against this

You are not telling the negative impact about this

taking people’s front yards by eminent domain

have to wide the road to put a bike path

This is part of Agenda 21 -- smart streets

the costs could be astronomical

can this be referred back to sponsor.

MOTION -- refer back to sponsor so we can all sit and look up Agenda21 and smartStreets.

People do more research on this

• Halpin speaking -- complete street example -- 2017 - Union Avenue - can accommodate a bike lane, improvement and access to downtown.

Audrey Hall - TMM3 - speaking -- ask presenter - is there a plan to take property through homeowners via eminent domain?

Planning administrator -- ie bishop street - very wide - constructed to move large trucks - do a road diet - shrink the lanes and put bike lanes in that area and increase landscaping. Without any eminent domain.

Hollis Andrews - TMM11 -

moderator -- need to identify who you are

Andrews - I support the complete streets. Creating streets usable and safe for everybody.

This will make the streets usable by everybody

Motion to move the question -- hand vote - 2.3rd vote needed PASSED

Rizzoli motion - refer back -- hand vote -- FAILS

Main motion - article 29 - electronic vote

101 Town Meeting members present

VOTE: 88-13-3 - PASSES

Pillsbury motion to adjorun

hand vote - passed

10:02 p.n.