Milton wants to build a wind turbine and last night Town Meeting approved article 44 which allows the Board of Selectmen to use eminent domain to acquire access to the town land where the turbine is to be constructed. The principal issue is use of the access road which leads from Randolph Avenue to the construction site. Quarry Hills, owners of the Granite Links golf course, have chained it off to town officials and employees. Quarry Hills has signaled their intent to oppose the construction.

Mr. Kleiman, chairman of the Wind Energy Committee, presented to Town Meeting and said, “[Quarry Hills] wants to keep us out of our own land. Tonight we are going to take back that land.” He was applauded.

Peter Mullin of Precinct 3 raised the key issue: the nature of litigation and its cost. However, he did not oppose the article. One option he suggested was, “get some bolt cutters and let them take us to court.”  Town Counsel noted that this was a “serious dispute about a commercial lease.” He said that using eminent domain was the clearest option that offered the town ” a level of comfort [and] control.”

Cost of litigation was also a concern expressed by Rick Ward of Precinct 9 who was “puzzled” by the last paragraph of the article which reads in part, “to determine what sum of money to appropriate for the purposes of this article, and to determine whether such appropriation shall be raised by transfer from available funds.”  The amount involved in the eminent domain is “ambiguous” according to Mullin and he would have liked an “estimate of potential exposure .”

Ned Corcoran, Precinct 3 member, an attorney with past eminent domain experience said town meeting “ought not be afraid.” He acknowledged there would be legal costs whichever way the town goes. Regarding eminent domain, an appraisal would need to be performed that would establish a value prior to the taking but this would be a “short number”. Corcoran argued that this would “leave it to them to prove the amount of damages.”

Selectman McEttrick reiterated Mr. Corcoran. She stated that this strategy shifts the burden onto Quarry Hills, puts the town in a stronger position, and enables the town to control the property. She said the selectmen are aware of the need for an appraisal and will “move forward cautiously.”

The article passed.

Town Meeting then resumed discussion of Article 12. TMM Ward had expressed concerns about the article. Specifically, he argued that passing the article would compromise the ability of the town to negotiate with the unions. Unions are not currently part of the Group Insurance Commission, a state insurance plan. It has been estimated that the town could save $591,207 in FY11 if unions participated in the plan. As Ward explained, after a couple of years. “that’s practically the cost of an override.”

What made this article confusing was the fact that it pertained to Chapter 13 employees who are not currently members of a union but intend to be or at least some of them do. Chapter 13 employees are largely department heads such as the Director of the Council on Aging, Director of Parks and Recreation etc. As originally written, the article, if passed, might have diminished the town’s negotiating strength at the collective bargaining table. If it failed to pass Chapter 13 employees who were not part of a collective bargaining group would “get nothing” according to Ann White, Chairman of the Personnel Board. The language as amended to provide those employees who were not part of a union an opportunity for an increase. The article passed.

In other town meeting business:

• Jim McAuliffe, Town Treasurer, reported to Town Meeting on status of residents delinquent in paying their property tax bills per a request from Rick Ward during the prior session. there are 51 outstanding, 16 are land parcels and 35 homeowners. This constitutes .42% of the tax base.
• Superintendent Gormley addressed a question from James Mullen, Precinct 5 TMM, regarding out-of-town children attending Milton schools. She reported that in 2008-09 107 cases were reported and 47 children were put out. n 2009 – 10, 88 cases were reported and 41 students were excluded. Assistant Superintendent Phelan was tasked with this effort. We met with Mr. Phelan to discuss the issue several months ago. You can find that post here.
• Town Meeting restored $500 to the Park and Rec budget after an argument made by TMM Earl Fay. Heargued that it was not about the money but “about the town” and its expression of support.
• All articles 1 – 27 have passed by solid, frequently unanimous, majorities. Town Meeting will reconvene on Thursday and will commence with two articles related to the establishment and funding of a consolidated facilities department.

You can find the full text of the 2010 Warrant here.