Town counsel: Ted Williams Camp motion is nonbinding; town meeting expresses sentiment supporting recreational use

A motion asking that the former Ted Williams Camp property be managed for outdoor recreational and athletic facilities and that any new structures serve as support facilities for outdoor recreation passed by show of hands at the Town of Lakeville meeting, but town counsel told town meeting the vote would have no legal effect.

The motion, presented from the floor, described the property as generally bounded by Bedford Street, Precinct Street, and Moo Pond and cited assessor map references (map 30, Block 5, Lot 3, and map 27, Block 2, Lot 28) and recorded deeds at the Plymouth County Registry of Deeds. The motion also included language expressing support for the completion of the town library and asked that current buildings on the property be operated, maintained and repaired to preserve open space and recreational areas.

Town Counsel addressed the meeting before a second or formal vote was called and advised that the motion as presented did not state a purpose that town meeting had the power to enact. Town Counsel said the motion in part restated the existing status of the parcel and, insofar as it sought to direct officers or to impose duties, exceeded town meeting's authority. In the meeting transcript Town Counsel said, in part: "This article does not ... state a purpose that's within the power of town meeting. ... To a certain extent, this repeats the status quo. ... It is a statement of sentiment. And whether it's voted up or it's voted down, it will not change the status quo."

After hearing Town Counsel's advice, the moderator proceeded with a show-of-hands count. The moderator reported that "generally two thirds of the house supports it and one third does not." The moderator also summarized Town Counsel's advice on the floor: that the vote was best understood as a resolution or statement of sentiment and would not legally alter custodial authority over the parcel.

The property was described in the motion as containing "130 acres more or less" and ownership was stated as Lakeville Baseball Camp Incorporated with deed citations read into the record. Town Counsel noted the parcel already had a designated custodian (selectmen) and that town meeting cannot direct an officer's performance of duty by majority vote.

Because Town Counsel advised the motion lacked legal effect, the result is procedural: the meeting recorded a show-of-hands expression of support for the sentiment but no binding change to property custody or management was enacted.

The moderator moved on to later articles after the show-of-hands count.