LIVE BLOG: 2013 Framingham Town Meeting - Day 9

Framingham Town Meeting resumes at 7:30 in Nevins Hall in the Memorial Building. Framingham Patch will be live blogging.

To see what you have missed since Town Meeting began, check out our live blogs from Day 1, Day 2, Day 3, Day 4, Day 5,  Day 7 and Day 8.

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7:34 p.m. quroum

Moment of silence for Oklahoma tornado victims

Test question -- do you have plans for memorial day weekend???

VOTE: 60-10-22

Editor's Note: I will update Bruins scores during this live blogging sessionof Town Meeting

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Town Meeting will start with Article #28 tonight

Bruno Brito - Town Meeting member #7  - making the motion

I move article to refer back to sponsor

Moderator says the sponsor does have a 5-minute presentation even though referred back

Point of Order -- Kevin Crotty - TMM7 speaking: Why having discussion if referred back to counsel?

Town Counsel speaking - heather White -- refer back is debatable -- so presentation can take place.

Moderator -- clock is running ... one minute has passed she tells the sponsor.

Brazilian American Center is a non-profit at the old St. Tarcisus ...

Point of Order -- Jeff Cox - TMM14 speaking -- motion refer back to sponsor .. sponsor be asked to defend  .. request presentation not be given..

Moderator -- I have agreed toallow 5 minutes to explain why they are referring back

Sponsor speaking --

Point of order -- Michael Cannon TMM9 -- rises to  question the presentation

Moderator - said presenter wasted 2 minutes and only has 3 minutes left

Editor's Note: It does seem like this would move quicker - if less point of orders questioning the 5-minute presentation.

TMM 12 Ed Kross makes a motion to move the question

Moderator calls for a hand vote --  Question is MOVED

Article 28 -- refer back to sponsor -- approved to move back to sponsor

***

Point of order -- Jeff Cox - TMM14 speaking -- since all the committee in town have committed all them as one item -- couldn't have a motion to have them all as one item??

Moderator -- each motion has to made individually

Article 29 -- TMM16 - William LaBarge making the motion on a citizen's petition proposal for community gardens to raise and appropriate $3,000 for purpose creating & managing community gardens -- spent fund under direction of town manager.

Moderator -- who is the name of the sponsor??

LaBarge  says herb Chasan is the spokesperson

Town Meeting member Herb Chasan (TMM4) says Maria Rosada, who is not a  resident of the town of Framingham will give the presentation

Point of information -- Richard Barritz -- TMM  speaking -- I don't understand  - what is a community garden? and what community is the garden for???

Moderator - that is what the presenter is going to explain.

Rosado says she manages Pelham Apartments in precinct 17 of Framingham

Point of order Jake Bajakian - TMM speaking -- He tells moderator he didn;t hear the presenter identify herself.

Moderator tells him she did but asks her tos peak directly into microphone and say it again.

Maria Rosado  says she manager of Pelhan Apartments in Framingha but lives in Worcester

Located at Pelham Apartment in south Framingham - involve youth families and seniors who reside in our communities -- two plots with flowers and vegetables -- more than 50 individuals -- improve nutritious food locally grown ...

benefits -- improve the quality of live, beautify the neighborhood, reduce family food budget, create opportunity for inter-generational and cross-cultural connections to be made with this type of program.

Moderator -- I don't have the motion on this article

TMM16 LaBarge  says he is still writing it

Rosado continues with her power point presentation ...location would be 95 Taralli Terrace off of Waverly Street in precinct 17. Over 540 units at this one complex -- 90 units for elderly and senior housing

Rosado showing a video presentation at Town Meeting -- elderly resident showing where the gardens would be. Said it would benefit the kids in the neighborhood and people like her.

7:55 p.m.

Moderator: Committee reports requested

FINCOM Chair Dan Lampl speaking -- articles 28-31 we all voted 7-0-0 to refer back to sponsor.

Ways & Means chair Audrey Hall speaking -- TMM3 -- I know that not everyone was hear last Thursday .. I'll reiterate a couple of key point. Committee met with the spokesperson (Chasan) but not the sponsor.

Asked a lot of questions. When came time to discuss Article 29 -- presentor did a good job -- met with spokesperson on May 6 -- build raised beds and plant a vegetable garden. On May 6 -- there was no sponsor .. There was possibly an Eagle Scout interested in taking the project on .. we didn't know at the time there was a sponsor...

talked about the security of this endeavor ... problem with nice ripe tomatoes disappearing off the vine. Who will manage and oversee it -- there was no answers...

may not seem like a lot of money for taxpayers

If build a garden in back of one complex in town - could be an issue as there  are many apartment complexes in town ...

Committee refer back to sponsor -- 10-0--0 -- MOTION

TMM4 Chasan speaking: standing committee on community services chair Voted May 19 voted 5-1 to support this article.

Talked about the management -- these gardens are right outside the office of the women who made the presentation - who is the manager of the gardens.

They have been there for 19 years doing wonderful community service at that locations. Keep kids busy and off the streets ad homegrown food.

8 p.m. Town Meeting member discussion

Gloria Geller - TMM2 -- familiar with program like this in Lawrence -- this one is volunteer in Lawrence .. we have a program in Framingham -- MetroWest Health Foundation .. have been known to sponsor programs .. known about diet, growing, respectfully suggest -- people look to that foundation ... health and well-being.

I don't approve spending he money at Town Meeting but support the program in other avenues of funding ...

Renee Faubert -- TMM14 - speaking -- on ways & means speaking for myself -- agree with the previous speaker .. I am an avid gardener -- have plots at two community gardens, I have my own garden .. it is a lot of work .. I work 40-50 hours a week to provide enough food for my family .. can anticipate a couple of raised beds can make a difference for the lives of these people...

community garden involved in --people make the commitment to take responsibility for the plots - invest time and money .. I have been tutoring a few people in gardening this year .. without years of knowledge you don't get much out of a plot...

wonderful intentions -- fresh vegetables for children -- way being done not appropriate

TMM12 Mark McClennan makes motion to move the question

Moderator calls for a hand vote - she says questions is moved

First vote is to refer back to sponsor

Moderator calls for a hand vote. Motion to refer back to sponsor passes.

***

8:05 p.m. Article 30

Town Meeting member to make motion

TMM15 - Judith Grove making the motion & presentation

$97,000 -- multi-court -- in precinct 17

Moderator says TMM17 Agustin Rivera De Jesus is the sponsor listed.

Growth speaking & making the presentation. Says this is her first term as TMMM don't know how many of you have been there -- low income housing but very well kept up .. significant -- size of it ...

some of the precincts are very large -- this precinct --smallest one for good reason .. It borders Natick. and one border is Waverly and one is beaver street.

Transfer  station, car places, streets were neat ... in the precinct

housing apartment -- 1750- children in this area... proposal for court for them -- need a safe place to play ... they play in the streets and they play in the parking lots ... they need to be kept away from the drug dealers.

Playground there is for little kids - it is not for older kids ... not for 8 or 12

Why don't they go to Mary Dennison Park??

They wanted a court -- building beautiful $600,000 addition to Cushing

This is a shape of a new games on this new court ..the children in this neighborhood don't have access to the amenities in this town .. kids can't afford to sign them up for little league or play hockey.

Apartment complex is giving the land to the town, the parents will do the coaching, the complex will maintain it ...

Moderator requesting Committee reports

Ways & means - Audrey Hall speaking --  met with spokesperson on May 6 and at that time no sponsor. No real explanation or where money - $97,000 - wold be coming from. told no conversation with property owner or condo association. asked who owns

Editor's Note: NO SCORE after first period in Bruins game.

Hall -- vote refer back to sponsor 10-0-0 -- MOTION

Town Meeting member discussion

Amy Weader -- TMM4 -- I believe in rules. I can not support the various proposal made tonight .. I have Town Report from 1985 ... (first year in household collection) She states in 1985 there was a Youth Service Commission -- we had a youth services commission ... Youth coordinators office offers services 12-21 ... programs for troubled adolescent and preventive ... encourage participation by any Framingham .. Youth Commission -- 5-member board appointed by Selectmen.

12 high school students assisted with the Youth Service Coordinator...

Perhaps -- what I am hearing from this various articles -- we need a youth commission again .. can vet these projects .. bring to you tonight

TMM17 Rich Barritz speaking -- regrettable I have to stand against this article. This idea is great. precinct 17 needs something like this ... this has to be done through the proper channels. .. so there is new a youth commission .. maybe this could be a parks & recreation issue .. great project .. and only if the condo give the ultimate ownership of he property to the town and grant Right of way 99 years .. this hasn't been worked out yet ...

Bill McCarthy TMM10 speaking -- someone asked why tax rate increased?  Town wanted level service budgets -- didn't go up the maximum except for a couple of budgets -- schools and public safety.

We already passed a budget .. tonight being asked to vote on several petitions ... where is that money going to come from??

Town Meeting members can not become and request funds with no solution on where the funds will come from .. to do so would be fiscally irresponsible!

where did the sponsor think the $318,000 could come from???

Now it is up to us to do our job .. we need to vote against these articles -- we can not appropriate funds we don't have.

TMM2 Stephen Shull -- speaking -- troubled that committees had trouble figuring out who the sponsor was  .. question .. was there a sponsor when it was listed and put in the warrant? and how can that be changing?

Town Manager Bob Halpin -- we were not able to learn name of the sponsor

Shull speaking: Needs to be a specific sponsor before article on Town Meeting warrant -- resolution made ...

Moderator -- resolution -- non-binding

Halpin speaking -- in case of citizen petition -- have no choice but to place in the warrant if there are 10 signatures ...state law.

Shoal -- speaking -- I stand by the resolution. 10 identified people who signed it are the sponsors.

Chasan speaking -- TMM4 -- I am listed as the contact person - when these forms - signatures -- there is a place for the sponsor and the contact person. Those forms show both the contact person and the sponsor. These were done months ago. one by the rules and by the books.

Haberman -- proposes to move the question - 2/3rd vote needed

Moderator calls for a hand vote - question is moved.

First vote is on the referred back --moderator

Hand vote -- PASSED -- about 8 opposed says moderator

Now motion on resolution ...

VOTE -- Passed -- with a few opposed

8:34 p.m.

Article 31 -- TMM4 Herb Chasan making the motion

Teen Center -- $79,000 - purposes teen advisory group funds for teen group for activities all over town ...

Chsan making a power point presentaton: Need - Keep kids out of trouble

Activities not sports related. Something for kids ages 13-17. goals avoided temptations of he streets

Point of order -- Richard Barritz TMM17 speaking:  I'm confused ... Teen Center and nothing about teen advisory ...I don't know what is going on.

Moderator: This is within the scope of the original article -- I will allow the change

Point of information Mark McClellan -- TMM12 -- I rise to show my ignorance ..  aren't changes supposed to be on a handout in the back of the room the night before?

Moderator: the changes are within the scope of the article.

Moderator -- are you finished with presentation?

Editor's Note: Chasan was just 1-minute into his 5-minute presentation, although with the point of order we had gone past the 5-minutes.

Chasan -- No

Chasan -- 17 members on teen advisory, 6 teens,  Idea is to award grants to run programs all over town.... much better idea than to have one teen center.

Types of programs .. projects down by other teen centers, science programs, cooking jewerly, knitting, outside games, ...

Funding -- $79,000

It costs $1900 per teen per year in typically program ...

daily cost - $5.20 per teen per day to run these programs Program run for 40 teenagers.

What happens in th future -- there is a one time deal .. need a track record .. to get this thing going and then work on grants and donations .. there are federal program for this type of program.

It cost $82,00 to keep teen out of detention

***

Moderator calling for Committee reports

Hall- Ways & means chair -- told still working for a sponsor...new foundation -- no information about who what where when and why.

Ways & means voted 10-0-0 to refer make to sponsor.

Town Meeting member discussion

Crotty - TMM7 -- I have to salute the sponsor or lack of sponsors for wasting Town Meeting members time for a day and a half.

Clapping in Nevins Hall

Moderator: no outbursts

Crotty - I don't think the intention were bad .. road to hell paved with good intentions.

More clapping.

Moderator again reminding Town Meeting members no outbursts.

Crotty: we have wasted time. I think you have bent the rules a bit with all this kangaroo court here he tells the moderator.

Moderator: This is a citizenspetition and citizens petition is allowed in the town of Framingham

William LaBarge -- TMM16 speaking:  I don't think that any citizen's petition is a waste of time ... I may not think the petition was well planned or well written ...  rise refer back to sponsor ...and please lets be civil.

Moerator motion to refer back already been made

William Osborn  TMM6 speaking:  this is really a kind of embarrassment to us ... at some point it does have to end .. the money doesn't just keep coming and coming .. I don't think we should refer it back. I think we should vote it down. I say vote on it and shut him (referring to Chasan) down now.

CFO -- Kelley -- speak on the slide that has been show to Town Meeting members for he last 5 minutes. Didn't want to chase after revenue number of the day ... senate budget came out and $380,000 higher han what we planned in our budget. House number is $805,000 less in the budget. If the conference committee makes a compromise budget ... if split number down the middle we will be short the revenue target.

POINT of order -- McClennan TMM12 speaking - questioned why the presenattion is still on the screen for Town Meeting. he said rules statesonly motion should be on screen after presentation.

Moderator agrees

Editor's Note: 1-0 RANGERS

Dick Weader TMM4 speaking: been on Town Meeting since 1988 except for 12 years on the School Committee .. used to be first person who signed and et al in warrant book.

Sean Donovan TMM2 speaking:  water torture ... I think we do need to take control and vote this down as a message.

Maureen Dunne - TMM9 - precinct 9 -- there is a process all Town Meeting member knows -- go to the appropriate department -- capital item -- go to the committee and answer questions -- go through the process .. we all have limited needs for money. We have to go down the pecking order ... who will manage. who is liable?

$79,000 is a position. Ideas are good. There is a home within the government for these.

Kathi McCarthy TMM10 - speaking -- I rise to vote against this article. I think there is a misconception with these articles -- you have to do your homework .. doesn't mean it fits into the plan of the town ... not appropriate to bring a citizen petition without any vetting or anyone take ownership ... I have done one on a rules .. we have to be responsible .. doesn't mean someone has an idea .. we should not be funding private corporations and grants

You keep a kid out of trouble -- do something for something else .. put the kids to work on the community gardens .. give them an opportunity to be proud of what they are doing .. there are plenty of kids out there who will feed off the good kids too .. good ideas does not stop crime.

We should stop the citizen petitions to pay for things ...

Wants sponsors to be proud of their citizen petition

Kathy Vassar TMM1  asks to move the question ... 2/3rd vote needed

Moderator calls for a hand vote

Modertor says question is moved

moderator calls for a hand vote to refer back to sposnor.

She says it does not pass.

Town Meeting members question the her call.

Electronic Vote -- requested -- 7 townmeeting members standing

Point of order by Ed Kross  TMM12: We asked for electronic vote to refer back.

VOTE to refer back to sponsor via electronic vote taking place now.

70-45-5 PASSED -- to refer back

9:02 p.m.

Moderator calls for a 10 minute break

9:18 p.m. Town Meeting back in session

Article #32 - Town Meeting member TMM& - Kevin Crotty making the motion - move to raise & appropriate $250,000 - safety in schools, etc...

School Committee Chair Beverly Hugo -- School Department working with fire and police department for emergency protocols for preparedness for any emergency.

Number of effective systems are in place but need to enhance our current systems - so school environment safest place for students, staff etc...

Matthew Torti - director buildings and grounds for Framingham Public Schools - speaking ...

Moderator asks speaker to speak into the microphone

Torti -- joint effort to improve security town wide, security camera, emergency response team training, security badges, scanning equipment.

Framingham Police Chief Steven Carl speaking -- police department worked with building services and school department -- enhance security and municipal buildings. ..panic alarms at some locations ...

Moderator calls for Committee reports

Dan Lampl - Fincom Chair speaking -- favorable action 6-0-1

Standing Committee on education chair Melanie Goddard speaking -- 10-00 voting in favor

Dennis Giombetti - sleectmen chair speaking -- 4-0-0 in favor

Kathi McCarthy -- standing committee on public safety -- chair speaking --society has changed ..communication is very important ... votd unanimously 6-0-0 in favor. It is 3 phases as well...

Town Meeting member discussion

TMM11 Yael Steinsaltz speaking -- rise in opposition - don't believe this money will provide security. Grew up in (Israel). Our schools are wide open . You can lock the door. They would blow the door right through. I have a daughter going into the high school next year .. don't think this will make it safe. High school has 15 doors. Students let you anybody in.

Roxana Sanchez TMM4  asking question -- why this article presented separately form the school budget?

Ed Gotgart - Business manager for schools speaking -- security is provided in the operating budgetandin the capital budget -- I want to dispel that budget.

Bob Synder - TMM11 - I support this article -- improvements suggested are architectual improvements and physical security ...enhance safety of the students and faculty.

Editor's Note: Bruins scored 1-1 in the third period Goal by Boychuk

9:38 p.m.

Nancy Cooper TMM2 - speaking - how it will affect our tax base?

CFO speaking -- this dollar value -- calculated into the overall spending plan of the town. Already calculated into our spending level.

Adam Steiner - TMM4 - I rise in support of this - $250,000 is a reasonable investment - can't guarantee safety - but can make reasonable accommodations and adjustment.

MOTION -- electronic vote ...92-15-6 - PASSED

***

9:42 p.m. Article 33 - Danforth Museum article ...

Kevin Crotty - TMM7 -  making the motion.

Bob Halpin -- Town Manager speaking -- give a brief overview -- built in 1914 - used as school until 1970. Bd of selectmen authorized - museum only constructive bidder to submit a proposal.

Each submitted an independent appraised value.

Value at about $1.5 million - began negotiations in July 2012.

Negotiating committee -- Funk, Giombetti, Price, Jim Gordon and halpin

Million in cash will come to the town.

$250,000 at date of closing.

$750,000 over 25 years.

Museum committed to  minimum of $500,000 for in-kind community benefits to residents and schools.

Negotiated with Danforth Art board of trustees.

Katherine French -- executive director of Danforth Art museum and school

French speaking - Danforth art located in former Framingham High School

Have a Unique collection and work with contemporary artists.

steady grown in revenue -- membership, tuition, grants, and giving and corporate support

What benefits are in the $500,000 in kind benefits

native American program, language art program, Sunday drop into art, needs based scholarship, community outreach ...

new next year -- meta warrick fuller program, discounted membership for framingham residents, free family passes for all K students, community collaborations, free resident days, etc... valued at $64,000

9:53 p.m. Moderator calling for Committee reports

Dan Lampl - fincomchair -- speaking -- most fincom members were supported, none of the members liked all the terms of the sale -- 6-1-0 in favor of the sale.

Harold Geller -- ways & means vice chair speaking - TMM2 - it is important to maintain town owed buildings -- lesson learned

this is a win-win situation for the town and the museum. Represents a partnership for the town and the museum.

Third grade program in the schools.

proposed location - great benefit for the town on the Village green.

Well-crafted agreement

ways & means voted unanimously 9-0-0

Melanie Goddard -- chair of the education committee -- speaking - it was noted a higher price could have been possible with an outright sale ...but the town would lose control of the building.

Restore Framingham centre Common area -- Danforth needed a new building .. dire need of renovations and repair and not in financial situation to fix it.

danforth could move out of Framingham ...

Sale includes more than $500,000 worthof inkind programs

Danforth museum gets awell located building.

Vote 10-0-0 in favor

Herb Chasan -- community services chair speaking -- existing building in bad shape. Museum needs to own the building to get grants. Some concern about the museum abandoning donwtown .. the $500,000 in kind services was the good news .. looking forward to work the museum on art programs .. which will be all around downtown ... library, boys & girls club, Brazilian American Center and Callahan Center, Amazing Things, etc..

Moderator cutting Chasan off.

 TMM2 -- chair of the standing committee on planning & zoning speaking -- vote 6-3-2 recommend you support this article.

Ned Price - TMM17 - real property committee speaking --

Editor's Note: Bruins scored and up 2-1

Dennis Gionbetti - selectmen chair speaking -- proud sponsors -- firmly believe outstanding opportunity for the town - 5-0-0 in support.

Town Meeting member discussion starting at 10:05 p.m

Cannon - TMM9 -- rise enthusiastically and passionately support this article

Danforth takes stewardship of a town owned property ...

in these economic towns -- they have grown revenue in every area

Editor's Note 3 minutes to go in Bruins game with Bruins ahead 2-1

Ed Kross - TMM12 - speaking - I will support but I have a question -- on inkind services ...how did they arrive at these figures? Is there any data to back up these numbers -- that they will be delivered.

French speaking -- do have data to back up. Costed out how much programs to produce.

Halpin speaking -- museum can produce these benefits and could do a second 5-year period of benefits.

Kross - followup question - is there data to back this up - will town take advantage of this??

French speaking -- speak to current program -- are continually are over subscribed. Serve about 8 00 third graders in native Americans. On free open days have very high numbers. Track how many Framingham residents are there.

Halpin -- speaking -- annual report that can be verified each year that there are $100,000 worth of benefits provided.

Lloyd Kaye -- TMM10 -- speaking -- not enthusiastic about voting for this .. there are issues -- I have a motion. ..

Deal appraised via letters and bot a full appraisal.

In kind is nice -- but does not go towards the general fund.

as one person said before -- the payments are backed up ... motion will try to correct that - did commercial lending for 25-30 years.

Editor's Note: BRUINS WIN -- up 3-0 in the series!!

Kaye -- motion in 4 parts

amend article -- Cash deposit increase from $250,000 to $350,000

Change payments structure

Third part -- $350,000 deposited - municipal bonded debt - so we don't pay interest in debt -- dedicated to that.

Fourth -- in-kind portion of $500,000 is a lot. In-kind citizens of Framingham, patrons - $250,000 for first 10 years and remaining $250,000 for the final 15 years.

Moderator not sure she can accept the motion - speaking with Town Counsel.

Heather White -- town counsel is speaking --

Halpin speaking -- first 5 years at $25,00, then $28,000 for 5 years, then $30,000 and then $32,00 and then $35,000 for every 5 years -- total $814,000

Ted Anthony -  TMM1 speaking -- I can think of no better tenant for the school than the Danforth Museum. It is a landmark building for the town of Framingham. I would have like dto have seen a long-term lease as opposed the sale. I still have concerns selling one of the last remaining landmark buildings the town owns.

Concerned we did not hear from the Historic District Commission???

Halpin -- there was a communication that was favorable on this article.

Bill McCarthy - TMM10 - speaking -- heard a lot of people talk about the numbers -- if just look at the numbers it is a terrible deal. You really can't look at this deal ... I am in favor of this

One question -- town free of all costs - maintenance, insurance, landscaping? Any town resources spent after we sell it.??

Halpin speak -- no further town expenditures on this building. Motivation on sale to outsource this building

Jeff Cox TMM14 -- point of information -- how much more discussion???

Motion to move the question -- 5-6 people still wanted to speak

2/3rd vote needed to move the question

Moderator calls for a hand vote -- PASSED decided the moderator

Point of order John Dwyer -- I doubt the vote -- 7 members stood up.

Now an electronic vote -- 65-28-3 -- Motion to move the question has passed

First vote on amendment by Kaye --

Moderator suggest to Kaye that ifuture motions should be on a slide.

Moderator is reading the motion

Point of information -- TMM18 -- if this amendment passes we don't have an agreement with the sale and it would have to be re-negotiated? Moderator agrees.

Vote electronically -- issue with the electronic vote

Moderator now decided to do a Hand vote amendment fails

On the main motion -- electronic vote calld for by moderator.

Point of Order - is this a 2/3rd vote?? - Joel Winett asked

Moderator says no

Town Counsel -- says yes

2/3rd vote needed - as it is a sale of a building

Electronic Vote -- 89-6-3 -- Motion Passed - sales agreement approved.

MOTION to adjourn --

Town Meeting has finished for the night and will resume Wednesday night.