Tuesday, April 25, 2023

2023 Annual Town Meeting - Night One

Welcome Back to Town Meeting at Town Hall!!  It has been three years since we were here last, and the hall is buzzing.  Saying "hello" to people we haven't seen in years.  A great vibe.  It took some effort for the Moderator to bring us to order so we could get started.  The Moderator welcomed us back to Town Hall.  He joked that after last year's 13 session Town Meeting, he is now one of the longest serving moderators around.  It is well known that Arlingtonians like to debate.  The Moderator will make decisions about how the meeting runs, trying to make it smooth and efficient.  A few basic rules.  Do not vote until the green voting light is on.   Press 9 on the remote to request to be added to the speaker's queue.  Speak directly into the microphone from no more than six to eight inches away.  Don't turn your head to the side, or you won't be heard.  He offered a huge note of thanks to town staff for making this night possible.  He concluded with a moment of silence for meeting members who have passed away over the last year.  It was quite a list.

The Moderator recognized Jean Flanagan, the town's recently appointed  Poet Laureate to deliver the invocation.  She noted she felt honored to be here at Town Meeting.  She quoted Sam Becket, "All poetry is prayer."  It is a Sacred art To bless the space between us ... Think about your job to turn differences into solutions ... A new beginning is quietly forming ... healing at last ... sometimes the greatest risk is starting something new ... now is the time to unfurl yourself ... find ease in risk.  She concluded quoting John O'Donohue, "May all that is unlived in you, blossom in you."

The Moderator led the swearing in of new members.  We were then to proceed to a vote to accept the format of the meeting, with members being in three separate areas.  We started with the test vote, stopped amid confusion to explain how to vote using the remotes (1 for yes, 2 for no, 3 to abstain), then continued on the test vote instead.  The question was whether we would finish in 5 nights, and the result was really close:  101 in favor, 102 opposed with 11 abstentions.  The Moderator noted that we will only cycle through all the voting screens if the votes are close.  Otherwise, we will only see the totals.  Next was vote to consent to using Town Hall and the satellite room for this year's meeting.  With that affirmative vote we were on to the pomp.

The Menotomy Minutemen marched in to drum and fife, played the National Anthem while we sang, and marched out.  It was really great to have them back.

The Moderator recognized the Chair of Select Board, Mr. Helmuth to propose the rule for who may be present on the floor of Town Hall during the meeting.  This was approved.  The Town Clerk was asked by the Moderator if the meeting was properly called, and she agreed.  Mr. Helmuth moved that if we don't finish all 69 articles tonight, the meeting would adjourn to Wednesday, April 26.  This was approved.  The Town Manager was invited to introduce the town's department heads.  Mr. Pooler introduced everyone ... with a little prompting.  There was a call for announcements and resolutions.  Amy Hampe from the library board of trustees provided an update on the sale of the library's collection of artwork.  In 2019, Town Meeting voted to allow the library to sell off its surplus art collection.  The library has hired Museum and Collection Resource to catalog, appraise, and sell the collection.  Libraries are vital resources, and these funds will be put to good use.  She said she looked forward to seeing us at the Robbins and Fox Libraries.  There were no further announcements.

Mr. Helmuth delivered the State of the Town Address.  (This is Article 2.)  He is proud to serve as chair.  It has been four long years since we could last look around to see neighbors, volunteers, and community.  We're here to make our town better for all.  Marie Krepelka served for 63 years.  She still serves as an inspiration and is still considered the unofficial Mayor of Arlington.  He thanked Jeff Chunglo, the retiring Director of Veteran Services.  His legacy will be the rebuilding of the Town's Memorial Park near Broadway Plaza.  He thanked other retiring long term staff.  He offered a special thanks to Sandy Pooler for his steadfast leadership.  He announced that Jim Feeney will take over as Town Manager in August after Mr. Pooler retires.  Mr Helmuth noted the Town is keeping its fiscal promises while maintaining services.  Hard work and the skill of staff and volunteers has kept us on track.  The AHS rebuild is on budget and on schedule.  Phase 2 opens this fall.  There are improvements to public spaces including the Community Center, the Reservoir, parks, playgrounds, and the new DPW yard to open this spring.
 
We are at our best when looking out for those with barriers to progress.  The Town's Equity Audit shows a gap between ideals and reality.  We need to hold ourselves accountable.  The Affordable Housing Action Plan has strategies for creating and funding affordable housing.  In Arlington, everyone belongs.  We need more housing in the right places.  The MBTA Communities plans are underway and will be before Town Meeting in the fall.  Arlington continues to be a state leader in energy and environmental issues.  Arlington Community Electricity's base plan now has 30% renewable energy.  Mr. Helmuth noted that one of his favorite memories from the past year was for the town to come back together for Town Day.  We were encouraged to refer to Annual Town Report for more information.  Reading it will make you proud.

However, he continued, maintaining a high level of service will be difficult with rough seas ahead. Significant deficits are coming and we must address them while maintaining our core services.  There will very likely need to be an override vote in the fall.  We need to stick together and in the words of Kevin Greeley, "we can disagree without being disagreeable."  The state of our town is strong.

The Annual State of the Town Address was accepted.  Article 3 was opened for the acceptance of reports.  Mr. Helmuth introduced the Select Board's report, with thanks to Town Counsel Doug Heim and Select Board Administrator Ashley Maher.  The report of Finance Committee was submitted by its chair, Christine Deshler.  She noted a correction in their report:  Article 47 on page 23; paragraph G should have a value of $10,810.  The report of the Arlington Redevelopment Board was submitted by its chair, Rachel Zsembery.  The report of the Community Preservation Act committee was received from Clarissa Rowe.  Ms. Deshler than moved that the recommended votes in the reports before Town Meeting be accepted as the votes on the articles without further action.  After this was approved, Article 3 was laid upon the table.

Article 4 is the annual appointment of a Measurer of Wood and Bark.  an TMM Foskett nominated TMM Worden, the longest serving member of Town Meeting to serve.  His nomination was unanimously accepted.

Article 5 is the annual appointment of an Assistant Town Moderator, should the Moderator be unable to serve.  TMM Stamps nominated TMM Adam Auster.  His nomination was unanimously accepted.

This brought up the consent agenda.  This is the annual list of articles which in the opinion of the Moderator are simple and uncontroversial, so we can vote on the whole list in a single vote to save time.  There is a list of votes requiring a simple majority, a list needing a 2/3 vote to be passed, and a shorter third set of legislative articles.  It took a little time to locate the list and project it on the screens.  Some of the articles had already been removed from the list at the request of members.  The Moderator then asked if any other articles were to come off.  In the end, only three articles remained on the majority consent agenda:  (50, 54, 55) and two on the legislative consent agenda (18, 68).  The first passed 224-1, and the second passed 217-2.  When asked to address one of the articles after the vote, the Moderator noted, "If you wanted to debate, you should have held."

Article 6 was introduced by Mr. Helmuth.  There was a unanimous vote of the Select Board in favor of allowing self-serve gas stations in Town.  There was substantive discussion on this topic last year, and those lessons were incorporated into the new proposal.  There is a clear need to have full service as an option for those who need the assistance.  Mr. Leone, acting as counsel to the owner's of Eli's Service, presented the proposal.  First, he acknowledged a financial interest, as he is representing the service station owner.  The proposal would require an attendant to pump gas upon request.  At Eli's Service Station, mainly retirees pump gas as the youth don't want to do it.  There are ten service stations in Arlington.  Of the nine he spoke with, only 3 are interested in converting. It costs $200K-$300K to upgrade pumps and other systems.  Local and national owners are liable to react differently.  Mr. Leone showed his client's service station in Revere.  He noted there are no full service electric charging stations in town; they are all self serve.  Service stations offer repairs as well as serve gas.  The service bays would remain.  A service station only receives 8-12 cents per gallon of gas sold.  A station must sell 200 gal/hr to pay for an attendant.  This article would allow the attendant to perform other tasks between calls to pump gas.  A station must provide equal access to disabled persons as required by law.  This article would help small locally owned businesses.

TMM Loreti was recognized to present his amendment.  It took the staff some time to locate the presentation, so we all had to wait.  The speaker queue was posing some issues, with either too many or too few people.  A Point of Order (PoO) was raised to ask if the speaker queue could be displayed.  The Moderator said yes, but only intermittently.  TMM Loreti moved to amend the recommended vote.  His amendment would require one service bay to remain.  He wants gas stations to remain as a service station and not be converted into mini-marts.  Markets make money, so there is a lot of incentive to make that change.  He wants to protect the small service stations.  This amendment would allow all current stations to convert, but would deny the ability to open a mini-mart,  He warned that all new stations are likely to be mini-marts.  TMM Loreti noted that there is no requirement that the same price be posted for self- and full-service.  The main article is unlikely to lower prices.  Fresh Pond Parkway service stations in Cambridge are more expensive.  Self serve adds premium to fuel prices.  We should prevent mini-marts.  There is no reason to think gas will cost less.

Town Counsel was asked to address a question about whether the TMM Loreti amendment should be a zoning bylaw amendment, because it addresses a business use.  Counsel noted that state law allows a local bylaw to supplement a zoning bylaw, but it cannot contradict the zoning bylaw.  TMM Maher said he tries to spend excess funds in town.  He thinks self serve is typically less expensive, but he has to go out of town.  He strongly suggested support for main motion, but he was not sure on the amendment.  Moderator realized the proposed amendment still needed to be seconded, which it promptly was.
 
TMM Pretzer encouraged us to think about what the employees want.  They spoke to several of them, and the employees are worried about losing their jobs should this pass.  TMM Pretzer was worried that full service may not be available all the time.  They recommend a vote for the amendment but against the main motion.  To TMM Preston, this article came as a surprise.  The amendment seems to want to maintain full-service, but self-service could mean lower prices.  Arlington's rates are already competitive.  Self-service doesn't provide a benefit.  This is an issue of equity.  The local stations would continue to provide full-service while the national chains would switch to self-serve.  Full service always costs more.  Mini-marts will be replacing service bays.  Her local station is in danger of closing.  Many customers are seniors from across the street.  PoO to request stricter adherence to speaker time.

TMM Holman though this proposal would give business owners some latitude, but we should see what we want in the proposal.  He doesn't want to see another low-budget market.  Moderator called scope on discussion on employees.  He supports the TMM Loreti amendment.  At this point, we stopped for our mid-session break.

Upon our return, TMM Schlichtman noted corporations can build big stations with markets and make large profits.  Local stores cannot.  Cars are portable devices.  If you want to have self service you can leave Arlington.  Passing this article will put those who need full service at a disadvantage.  He supports the TMM Loreti amendment as a check against markets, but plans to vote against the main motion.  TMM Jamieson raised a PoO that his name was removed from the speakers list without his own action.  TMM Fisher offered thanks to TMM Loreti. He plans to vote for his amendment.  He is opposed to risk posed by having more mini-marts.  TMM Wagner noted he was the original opponent in 2013, because he thought his article would do better.  The vast majority of residents want some full service.  The TMM Loreti amendment would protect the businesses we need.  TMM Newton motioned to terminate debate, which passed easily.  The vote to adopt the TMM Loreti amendment passed 156-64.  The vote on main motion as amended was delayed while the voting screens were corrected.  What are we voting on?  There was another PoO regarding which screen was displayed during the vote on the amendment.  Main motion was finally before us, and it passed 122-107.  Get ready to pump your own gas!

The Moderator paused to review of when to open the speaker queue.  He decided that when the timer starts for the person presenting the article, that is when the speaker queue is to open.
 
Article 7 was introduced by Mr. Helmuth to report no action.  Two members requested to speak, although there was nothing to discuss.  Both opted to pass.  The motion for no action was approved on a voice vote.

Article 8 was introduced by Mr. Helmuth to report no action.  The first "speaker" passed.  TMM Kaepplein moved to postpone until after consideration of article 65.  He had just submitted a substitute motion, and he wanted to allow it to be discussed at a future date.  After his motion was seconded, it was soundly rejected on a voice vote.  There were a couple of other members to speak on the article, but they passed.  TMM  Schlichtman rose to terminate debate on an article that could not be debated.  That motion passed on a voice vote.  The vote on main motion of no action was 217-6.

Article 9 was introduced by Mr. Helmuth.  He said this article spoke to the reality that a stenographer is superfluous given the recording and voting technologies employed at Town Meeting.  A stenographer isn't present anymore anyway; they work remotely.  Requests for transcripts are rare according to the Town Clerk.  The Manager called on several members whose names were on the speaker's list despite their having done nothing to be added to the list.  They didn't press a button.  Neither did next speaker.  Neither did next speaker.  TMM Wagner raised a PoO to note he pressed 5 and got on the list.  The Moderator quipped you need to press 9, but your mileage may vary if you use other buttons.  TMM Revilak  has transcripts, has favorite transcripts, and agrees with the cost-benefit analysis.  He asked that any transcripts prepared be posted to the town website.  TMM Loreti is in opposition.  It is important to keep a record.  Recommended vote removes the record but doesn't replace it with anything.  ACMi recordings are not a permanent record.  We need a process for creating a record going forward with a retention policy.  He also finds the record valuable.  Articles tend to come back again, and it is helpful to see them in context.  Who knows how long Youtube is going to maintain a record.  He asked the Select Board to come back next year with an article that allows records to be maintained in perpetuity.  TMM Fisher said an archivist who spoke at the library said a printed record is the only permanent record.  He also keeps transcripts.  TMM Ruderman references transcripts to determine the nuance behind the interpretation of articles. They are only available if the discussion is captured.  You don't know you need one, until you go looking for one and cannot find it.  It is almost automatic based on current technology.  It is worth the cost.  Please vote no.  The Town Manager noted paper is going away.  The Town is trying to scan files and remove file cabinets from the building.  Paper in the basement of Town Hall gets eaten by rats.  That's just what happens.  ACMi records proceedings, and paper transcripts can be prepared when needed. Mass courts do not look for transcripts, only for votes.  We are going electronic.  Please support the article.

TMM Foskett uses transcripts and finds them invaluable.  He agrees that digital is the future, but we need a plan before we transition away from paper.  Please vote against.  TMM Worden  asked what the cost is.  The Town Manager noted it has been $4K-$13K in recent years.  TMM Worden noted this is a stick in the ocean related to the overall budget.  Technology is great short term, but it moves on and old recordings can no longer be accessed.  We have usable paper records from incorporation in 1807.  If the basement is insecure, secure the basement; don't further destroy the records.  This is a small cost.  He urged the meeting to oppose the article.
 
TMM Badik  recommended taking no action to remove the record without any new bylaw requiring  one.  He proposed an amendment from the floor to strike just the word "stenographic", but continue to require a record of the proceedings.  He asked whether there is any requirement to maintain a recording.  Town Counsel noted that the only required record is a record of the votes.  There is no other requirement for a written record of the proceedings.  The Moderator clarified what was being requested, striking the single work in two places.  There were multiple PoOs related to the proposed change.  TMM Kaepplein noted this amendment wasn't submitted in advance, and it should not be considered.  The Moderator clarified the rule is that substitute motions and substantial amendments need to be submitted in advance.  The Moderator indicated the proposed Badik amendment was too complex, so TMM Badik requested a no vote on the main article.  TMM Newton moved that the debate on the article be postponed to Monday, May 1 to allow the TMM Badik amendment to be submitted properly.  The voice vote was not definitive, so we had an electronic vote.  The vote was 174-52 to postpone.

Article 10 calls for the Town to adopt the new Specialized energy code.  This would allow Arlington continue to be a leader in state with a thoughtful and intentional approach to sustainability.  This is a smart thing to do, since the cost difference will be minimal, but it will significantly impact the carbon footprint of new construction.  It was requested we refer to the Select Board report.  Mr.  Katosfsky from the Clean Energy Future Committee (CEFC) spoke in favor of the Specialized stretch energy code.  The town is on a path, and this is the next step.  We need to change to all-electric and focus on the adoption of the net zero energy code, the Specialized code.   Talia Fox, the town's Sustainability Manager provided some technical details.  There are now three energy codes in Massachusetts:  base, stretch, and specialized.  The last one aligns with the state's climate goals.  Amendments in the future will be adopted automatically.  Eight communities have adopted it so far, and 20 others are currently considering it.  Arlington builds 20-30 new 1-2 family homes per year.  Starting Jan 1, 2024, this proposal would greatly increase their efficiency.  TMM Murray is a project executive for a major commercial contractor.  She has been asked by clients whether everyone in the industry is prepared.  Emphatically Yes, and she is proud to support the article.  TMM Meeks noted that the ninth community passed this same article tonight.  This is just the beginning, trying to not dig the hole deeper.  Retrofit of existing building still needs to be considered.  TMM DiTuillo from CEFC asked the meeting to support this article and support of the town's energy conservation goals.  He referred us to Pat Hanlon's letter in the annotated warrant.  He noted that if you are in support of the 2050 date, you must support this article.  Electrification is critical.  Large new homes will need to be net-zero or ready for electrification.  He gave an analogy of running the Boston Marathon.  At this point, we've left Hopkinton, but there is a long way to go, including Heartbreak Hill somewhere in the future. This article must pass it.

TMM Kelleher (K) supports and speaks from the affordable housing perspective.  The passive house standard is incentivized for multi-family developments.  This aligns with affordable housing guidelines.  TMM Wagner motion to terminate debate, and the voice vote was unanimous.  "Thank you Mr. Wagner", said the Moderator.  The main motion passed 204-11.
 
There were no notices of reconsideration, and we adjourned.

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It is 2:30am, so I am posting this and going to bed.  If you have any notes, please kindly email them to me - emphasis on kindly.  As always, this is not meant to be authoritative, I am not a journalist, and I am not the most perfect note taker.  If you want more detail, come watch the proceedings.

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