Updated 10.29.13 19:31am

by Frank Schroth

Town Meeting made it through Article 8 before calling it a night at about 10:00pm giving members time to catch the end of game5 of the World Series. Of the articles taken up: One passed as written, two passed after being amended, 3 were defeated, and 2 were referred back for further study.

Articles 1 was a citizens petition that requested a town study government committee be appointed by the town moderator. Currently there is a committee that  has been appointed by the Board of Selectmen (BoS). Steven Morash, Town Meeting Member (YMM) Precinct 2, a proponent of the article spoke to amend the article as written. The amendment requested that existing committee have 5 members appointed by the Moderator and 4 by the Board of Selectmen and report to the Board of Selectmen, Town Moderator and Tow Meeting by December 1 of each year for the term of the committee as initially determined by the Board of Selectmen. In his remarks Mr Morash acknowledged the word done by the existing committee and said there was no desire for two committee. However, he spoke of the Selectmen’s action to appoint the committee as abrogating the right of a town meeting member to bring an issue before town meeting (the BoS appointed the committee after receiving a Citizens Petition from TMM Mike Joyce to have moderator appoint a committee).

Selectman Tom Hurley spoke to the issue. He said the BoS supported the amendment and wanted to ensure the work done to date was built upon. He also stated that the BoS had been considering the appointment of the board prior to Mr. Joyce filing his petition. The Warrant Committee also supported the change and the motion as amended passed. (Note – I was a signatory of the petition)

Article 2 was submitted by the Selectmen based on a recommendation from the Town Government Study Committee that requested adding language to the tow bylaws stipulating the Town Clerk to take advantage of media outlets to promote the importance of and participation in Town Meeting and to work cooperatively with the schools to educate the students on the town meeting form of government. The article passed but was amended to remove the language pertaining to cooperating the schools. Lynda Lee Sheridan, Chair of the School Committee offered a friendly amendment asking that language be deleted. It was not taken as a friendly amendment and after discussion resulted in a voice vote that was too close to call. The Warrant Committee did not support the motion to amend. Mary McNamra and Leroy Walker of the Twon Government Study Committee also spoke against the amendment. Mr. Walker, all a member of the school committee, said, “It is beyond me how you can find fault with working cooperatively with the schools . . .it is exactly what we need to do.”  Sue Galvin, the Town Clerk, spoke in support of the amendment saying “education belongs with teachers.” The amendment to remove the language passed by a standing vote of 104 – 98. The article itself was passed by a voice vote.

Article 3 sought to have the Board of Selectmen appoint a 5 member audit committee. The Dept of Revenue financial management report also discussed this and the Selectmen and Warrant Committee agree that in light of that a more comprehensive article that takes into consideration that reports recommendations is warranted.

Article 4 which sought a revolving fund for traffic commission expenses was defeated. The warrant committee had recommended a no vote based on the input of Chief Wells, Chair of the Traffic Commission. Ted Hays, Chair of the Warrant Committee, also spoke of concerns the committee had with the somewhat convoluted financial process being suggested (i.e. money being collected through Police Department being put in a fund controlled by Traffic Commission to pay for expenses int the DPW.) In his brief remarks Chief Wells said the commission requested a No vote as they wanted to take a more strategic look at the issue. Selectman Hurley argued hat the monies would support costs associated with public safety and were needed. Hays disagreed saying public safety was not the issue as the traffic commission had never been denied funds, that the money requested was in excess of need, and that it was an “unnecessary balkanization of funds.”

Article 5 was the one article to pass through as written. It approved the water and sewer rates as recommended by the director of the DPW and approved by the Board of Selectmen.

Articles 6 and 7 were both defeated. Article 6 would have enabled the Building Commissioner to levy multiple fines for subsequent violations for a zoning offense. In speaking the the Planning Boards’ support of the article Chairman Whiteside said the change was “quite draconian .  .  . but it is the best we can do.” TMM Buddy Packer characterized that as “outrageous” and that the change put “way to much authority” in a civil servant. Chair of the Selectmen supported the change saying the goal was to get violators to pay by compounding the penalty and relieve need of the Building Commissioner to spend time chasing them in court. There was also discussion of whether the Building Commissioner could exercise discretion in cases where penalties would be a significant hardship or there were mitigating circumstances. TMM Bob Sheffield suggested that there be a cap when a certain amount was reached and cited a homeowner who was faced with a $275,000 fine for failing to completely remove a fence. Article 7 would have permitted the town to put a lien on a homeowner’s property for failing to pay fines or bylaw violations. The Warrant Committee recommended a no vote in part because it removed the “expectation of due process.” Neither article passed.

Article 8 pertained to bylaw changes related to signage in town. Alex Whiteside, Chair of Planning Board, requested this be referred back to the board for further study. And so it was.

In other business:

• Town Moderator Brian Walsh said there would be two changes in process beginning with the fall town meeting. Town Meeting members would be limited to speaking once on an article if another member was waiting to speak who had not been heard. Speaking a second time would be at the discretion of the moderator. Also a town meeting member would be limited to 10 minutes for making remarks on an article.
• Town Meeting Member Maritta Cronin rose to acknowledge the service of Joseph M. Cunningham Jr, Town Meeting Member, Precinct 8. Mr. Cunningham is leaving town after 75 years. In her remarks, Ms. Cronin noted that Joseph M Cunningham, Jr is attending his last Milton Town Meeting. He has been serving as a member since March 1960. He was elected to the Milton Board of Park Commissioners in 1964, appointed by the Board of Selectmen to the Conservation Commission and in recent years has been on the Milton Historical Commission. “It is with appreciation that we recognize the contributions that Joe Cunningham, has made to the Town Meeting and the Town of Milton,” said Cronin. Town Meeting gave him a standing ovation in gratitude for his long service to the town.