HomeMy WebLinkAbout2002-12-16-STM-min SPECIAL TOWN MEETING
December 16, 2002
(See Warrant File for Warrant)
Moderator Margery M. Battin called the Special Town Meeting of December 16, 2002 to
order at 8:05 p.m. at the Clarke Middle School, 17 Stedman Road. A quorum of 163
Town Meeting Members was present.
The Moderator requested members to sign in and be seated and offered opening
comments. The Moderator appointed precinct clerks to serve as tellers and Paul
Hamburger for members at- large. The Moderator reviewed procedures and rules of
conduct.
8:13 p.m. Town Clerk, Donna M. Hooper, read the Warrant for the meeting until further
reading was waived. The Town Clerk read the Constable's Return of the Warrant.
ARTICLE 1: REPORTS OF COMMITTEES
8:15 p.m. Town Manager Richard White reviewed proposed FY04 Budget Brief and
sought comments from the members.
8:17 p.m. Deborah Brown moved the Report of the Appropriation Committee be
Accepted and Placed on File. Following a voice vote, the Moderator
declared the Motion Adopted.
ARTICLE 2: PAYT REIMBURSEMENT
8:17 p.m. Presented by Selectman Leo McSweeney.
MOTION: That an amount not to exceed $327,000 of the amount
appropriated under Line Item 3000 of Article 4 of the Warrant for the 2002
Annual Town Meeting may be used to reimburse residents in connection
with the FY2002 pay -as- you -throw program, as determined by the Board
of Selectmen, and such refund program to include the following
restrictions:
(1) per - household refund not to exceed $32.50;
(2) refund period to last two months, ending no later than March 1, 2003;
(3) bag tags issued free -of- charge will not be eligible for refund.
Selectman McSweeney summarized the pay -as- you -throw program history and explained
the proposed refund. Selectman McSweeney reported the Selectmen voted 4 in favor and
1 opposed to reimburse the citizens up to a maximum of $32.50 for tags and labels
purchased, and summarized the impact of the pay -as- you -throw program on lowering the
tax levy.
Selectman Peter Enrich explained his intent to vote in support of the motion and urged
support of the meeting to put the issue to rest.
Selectman Dawn McKenna presented a minority report, addressed her difficulties with the
proposed refund plan, and urged passage of the proposal as put forth.
8:31 p.m. Chairman Deborah Brown presented the Report of the Appropriation
Committee, with a vote of 4 supporting and 5 opposing any refund, and outlined the
Committee's rationale.
8:38 p.m. Appropriation Committee member Eric Michelson presented a Minority
Report of the Appropriation Committee, stating 4 members did support some sort of
refund to residents.
8:40 p.m. Ephraim Weiss, pr. 5, moved the following:
AMENDMENT: Remove section (1) in its entirety.
Mr. Weiss spoke against restrictions of the main motion and of the need to compensate for
all purchases to be equitable.
December 16, 2002 Special Town Meeting
8:42 p.m. David Kanter, pr.7, inquired about the impact of the amendment if the total
amount is not changed. Mr. Weiss responded.
Mr. Kanter inquired about any legal requirement that the total amount be related to
households.
8:44 p.m. Town Manager Richard White explained the authorization would be to
expend to the gross amount, and that some residents would receive refunds and others
may not.
8:44 p.m. Paul Chernick, pr.5, questioned the months Mr. Weiss intended be
included for refund. Ephraim Weiss explained his intent is not to tell the Selectmen how
to run the program.
8:46 p.m. George Burnell, pr.7, questioned any estimate of outstanding tags and
liability should the cap be lifted. Town Manager Richard White reviewed available
records for barrel label and tag purchases.
8:47 p.m. Elaine Dratch, pr.5, questioned the Appropriation Committee on revenue
collected and maximum refund. Town Manager Richard White reviewed estimated fees
collected and sale of unused tonnage, totaling approximately $986,000.
8:49 p.m. Moderator Margery Battin declared a recess for the Appropriation
Committee to caucus.
9:03 p.m. Moderator Margery Battin declared the meeting back in session and
Ephraim Weiss, pr.5, clarified his amendment language.
9:04 p.m. Deborah Brown reported the Appropriation Committee rejects Mr. Weiss's
amendment and summarized some revenue collection data.
9:06 p.m. Selectman Leo McSweeney reported the Selectmen's opposition to Mr.
Weiss' Amendment, on a vote of 4 opposed and 1 in favor.
9:06 p.m. Following a voice vote on Mr. Weiss' Amendment, the Moderator declared
the AMENDMENT NOT ADOPTED.
9:07 p.m. Loren Wood, pr.3, spoke in favor of the main motion.
9:08 P.M. Neal Boyle, pr.7, questioned what would happen if the motion were to be
defeated.
9:09 P.M. Selectman Leo McSweeney spoke on the need for a refund, and of his
hopes that Town Meeting supports the majority of the Board of Selectmen.
9:11 P.M. Thomas Griffiths, pr.7, spoke in favor of the main motion.
9:13 p.m. Paul Lapointe, pr.2, spoke in opposition of the motion, stating he viewed
the bigger picture calling for defeat.
9:15 p.m. James Barry, pr. 1, spoke in favor and requested a roll call vote on the main
motion. With insufficient members rising to support, a roll call was
deemed by the Moderator to be not in order.
9:16 p.m. Patrick Mehr, pr.3, questioned the legal implications of compensation and
possible financial liability. Selectman Peter Enrich saw no legal obligation
and no precedent set.
9:18 P.M. Robert Rotberg, pr.3, spoke in opposition.
9:20 p.m. Paul Chernick, pr.6, prepared comments before moving the following:
9:23 p.m. AMENDMENT: The main motion be amended by adding to the end:
The reimbursement to any household shall not be greater than (1)
the household's payment for tags
and labels under the pay -as- you -throw program minus (2) the
reduction in the household's property
tax due to the pay -as- you -throw program.
Mr. Chernick spoke on the merits of the amendment and provided
information compiled on program expenses.
December 16, 2002 Special Town Meeting
9:24 p.m. Selectman Leo McSweeney reported the Board of Selectmen's unanimous
opposition.
9:25 p.m. Deborah Brown reported, on a vote 8 opposed and 1 abstention, the
Appropriation Committee's opposition.
9:26 p.m. Following a voice vote on Mr. Chernick's amendment, the Moderator
declared the Motion NOT ADOPTED.
9:26 p.m. Lorraine Fournier, pr.8, spoke in opposition.
9:28 p.m. Charles Lamb, pr.4, spoke in favor.
9:29 p.m. Albert Zabin, pr. 1, spoke in opposition.
9:32 p.m. Rodney Cole, pr.9, called the question.
Following a voice vote on the question to now be put, the Moderator
declared the motion adopted, the question now before the membership, and
three minutes left to the presenter.
9:33 p.m. Selectman Peter Enrich clarified a point made earlier on household
qualification for refunds.
9:33 p.m. The Moderator called a standing vote on the MAIN MOTION as
presented, tallied as follows:
Precinct Yes No
1 14 2
2 7 7
3 4 10
4 11 3
5 13 3
6 9 6
7 11 4
8 12 4
9 12 6
AL 8 4
TOTAL 101 49
9:38 p.m. With 101 having voted in the affirmative and 49 in the negative, the
Moderator declared the MAIN MOTION ADOPTED.
9:39 p.m. Selectman Leo McSweeney moved the December 16, 2002 Special Town
Meeting be DISSOLVED.
9:39 p.m. Following a voice vote, the Moderator declared the MOTION ADOPTED.
A true copy.
Attest:
Donna M. Hooper, Town Clerk