ARTICLE 21 is now open: APPROPRIATE TO REIMBURSE RESIDENT FOR SEWER BACK UP To see if the Town will vote to raise and appropriate a sum of money to compensate Robert Daniel
McGrath, 11 Cherry Street, Lexington MA, for damages incurred due to a sewer back up resulting from a
failure of the Cherry Street sewer main to drain on the 17th June 2017 that resulted in backing raw sewage from
the main into his home; determine whether the money shall be provided by the tax levy, by transfer from
available funds, by borrowing, or by any combination of these methods; or act in any other manner in
relation thereof.
(Inserted by Robert Daniel McGrath and 9 or more registered voters)
This Article seeks funding to compensate Robert Daniel McGrath for
damages incurred due to a sewer back up that resulted in backing raw sewage from the main
in his home. He is appealing to Town Meeting to consider whether they will reimburse the
direct damages of sewage mitigation and repair required to return his house to its previous
condition.
MOTION That the Town appropriate $30,553 to compensate Robert Daniel McGrath, 11
Cherry St., Lexington, MA, for damages incurred due to a sewer back up resulting
from a failure of the Cherry St sewer main to drain on 17th June 2017 that
resulted in backing raw sewage from the main into his home and that to raise such
amount, $30,553 be appropriated from Wastewater Enterprise Retained Earnings.
Mr. McGrath is presenting - his presentation is HERE
Asks, what would you do if it were your home and you were seeking redress.
RECOMMENDATIONS
BOS: Unanimously opposed (5-0)
AC: 8-1 Opposed
Question Mic TMM/P4 Is it legal if TM votes to pay?
A: Hard to determine if Town Meeting should act as judge and jury.
Citizen Mic: Surprised to hear that I need to take out additional insurance
YES MIC: TMMP1
NO MIC: TMM/P7
Question Mic: TMM/P6 Want to ask BoS/Town Manager if the owner is responsible for this?
A: The answer is no
Q:What is the current balance in the line item, uninsured settlements?
A: Between $700,000- 900,000
Q: I'm wondering if anyone took a look at the amount and determined if that was the value?
A: We did not analyze it.
Citizen Mic: I live across the street - quite a disruption - $30,000, wow. Different from potholes, holes in sidewalk.
YES MIC: TMM/P8
NO MIC: TMM/P3
Question Mic: TMM/P6 DPW - does the Town have a way to monitor flow?
A: In certain parts
Q: Can we find out, as homeowners, where those parts are?
A: We actually don't monitor flow, we monitor areas where there have been problems.
Q: Given state law, could BOS come up with a policy for this situation, not negligence?
A: It may not serve the public purpose; it may serve a hypothetical situation.
YES MIC: TMM/P3
NO MIC: TMM/P8
Question Mic: TMM/P9 Are we typically covered?
A: I had the rider, $5,000.
TMM I have dismay. I'm struggling with this.
YES MIC: TMM/P1 Calls the Question
Voice Vote - inconclusive
RECORDED VOTE TO CLOSE DEBATE (simple majority)
YES: 79
NO: 65
ABSTAIN: 7
MOTION CARRIES
Two minutes to the maker of the MOTION
VOTE of TOWN MEETING (simple majority)
YES: 55
NO: 80
ABSTAIN: 15
The MOTION FAILS
The Meeting is now open on Article 12
Notice of Reconsideration is served.