Hamilton Select Board Passes on Town Hall Accessibility

By Barbara Smith,

Blogger and Social Justice Activist,

https://www.facebook.com/HWdemocrats/

Hamilton Select Board 8.1.22 – YouTube

Please click on the above link to watch the Hamilton Select Board meeting discussion on whether or not to table funding for Town Hall renovations at this time and instead have a feasibility study, again.

The transcription service for this video was turned off, so I am unable to provide a transcription without spending an inordinate amount of time ….. so please listen carefully.

The discussion starts at 2 hours: 35 minutes. They voted against exploring additional funding for Town Hall renovation. They don’t want to give up on it, but they feel that it is not the right time to fund…. I’m confused, because I thought that the voters at the last Town Meeting voted to find funding for renovations or a new location because Hamilton is not in compliance with ADA…

So, with the 2 newly elected, Anna chosen Select Board(SB) members….

we have a SB that has lost interest in Town Hall ADA compliance and therefore, risks town lawsuits. However, they do not have the authority to say no to Town Hall Restoration…….because the Hamilton Legislature at many Town Meetings over the years have mandated that it go through. We, the residents, voters and attendants at All Town Meetings are the legislators. The SB are the executors of what is legislated.

Most of the Town Hall Restoration funding is still valid. We voted at Town Meeting for Community Preservation Commission (CPC) funding secured through our CPC grant mechanism. The CPC distributes our real estate tax monies based on the 2% surcharge added to real estate tax bills every quarter…..The CPC must give grant monies only for 3 things according to Mass. General Law:

  1. Open Space/Recreation
  2. Affordable Housing, and
  3. Historic Restoration/Renovation.

Money is supposed to be spent on all three “buckets” equally over time, according to law. Yet, Hamilton has spent lots of our tax money on Open Space and Affordable Housing, but almost nothing on Historic Restoration. 

Hamilton has already spent $1.3 Million on preparation for Town Hall plans over the last 4-5 years as mandated by Town Meeting. The CPC money earmarked for Town Hall Restoration with ADA Universal Access cannot be used for anything else. Hamilton officials already funded most of this Town Hall initiative through the CPC funding grants and at the time about $1.8 to $2 Million was needed to fund the final leg which accounts for about roughly 35% – which can be bonded, or we could use a combination of bonding and using some free cash and some ARPA money. The original goal was to minimize asking more money from already stressed tax payers in order to keep the tax rate as low as possible and to become ADA compliant and to meet building codes, etc. The previous SB member Darcy Dale and Rosemary Kennedy worked on finding such reasonable options that have now been dismissed.

OK, voters did not approve funding at the ballot….

The last effort at the ballot (ballot initiatives are not treated like Town Meeting votes) was to get the final leg of funding through bonding, but that last bit did not pass at the ballot box. That does not mean that the Town Hall project failed – because that passed at the earlier Town Meeting – and when the Legislature votes, it is binding upon the SB to figure out how to execute the mandate to move forward with ADA Compliance and Town Hall Restoration. The only thing that failed was the final piece of funding at the ballot box. That did not kill  our vote to restore Town Hall, nothing can kill the Town Hall vote, except another Town Meeting warrant article specifying that we do not want to continue with Town Hall restoration. That did not happen, so now the SB needs to find ways to get the funding……The previous SB members, Darcy Dale and Rosemary Kennedy worked on finding such reasonable options that have now been dismissed.

Bottom Line:

The SB does not have the power to unilaterally change the past votes of the Hamilton Legislature. No Commission or Board or Committee can do that. Town Meeting is the only mechanism that can compel the SB to act one way or the other on this Town Hall initiative. That is why it is so dangerous to see this SB act in such a reckless and anti-democratic way. They WANT more executive power to minimize the checks and balances required for a direct democracy. This is dangerous and can lead to a breakdown in our local  democratic government.

Good News….

(at 2 hours, 55 minutes and 54 seconds)……There is discussion regarding Town Hall funding sources – which will not be on the ballot as a warrant article. Apparently, a 2-year extension from the Community Preservation Commission is forthcoming at their next meeting. This two year extension that preserves the funding for Town Hall will give some breathing room to explore additional funding mechanisms to work in conjunction with the CPC funding already secured and safe.

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