Thursday, April 27, 2023

2023 Annual Town Meeting - Night Two

Welcome back.  The Moderator started the night by acknowledging that the first night was a little rough.  He noted that we did vote on one article while a different item was being displayed on the screens.  He encouraged the members to let him know if that is about to happen again.  He promised to give gold stars to anyone who let him know.

The Moderator then brought up the question of the Star Spangled Banner and whether we should sing the National Anthem before every session.  He has decided against it, but he is encouraging the members to find some local musical acts to perform instead.

There was a call for announcements and resolutions.  TMM Olszewski spoke on behalf of the Semiquincentenial Committee or Menotomy250.  They are looking for volunteers to serve in a variety of roles and capacities.  If you are interested, they can be reached at menotomy250@gmail.com.  There were no other announcements or resolutions.

The Moderator asked for reports, and almost accepted one before remembering to take the article off the table.  TMM Deshler moved to take Article 3 off the table, which was seconded and approved on a voice vote.  TMM Moore (C) submitted the report of the Capital Planning Committee.  There were no other reports, so TMM Deshler moved to put Article 3 back on the table, which was seconded and approved on a voice vote.

This brought up Article 12, the proposed study committee and moratorium on artificial turf.  Mr. Helmuth, the Chair of the Select Board announced that by mutual agreement of all parties, he was moving to postpone discussion on the article until May 8.  This would allow Town Meeting to attend the town forum on artificial turf on May 2 before we considered the article.  The motion was seconded and approved by an affirmative voice vote.

It was at this point that the Moderator realized we hadn't held a test vote yet.  The question for tonight was "Should the satellite room be allowed beverage and desert service?"  It passed by a wide margin, to which the Moderator noted it only let them have the service, but it wouldn't be provided.  When the vote screens were displayed, they were not in the usual precinct order, but alphabetical by first name.  This was the first of several technical glitches.  The technical crew promised to fix it for the next vote.

Article 13  was introduced by Mr. Helmuth.  This article would authorize a question on next year's town election ballot asking the voters if the position of Town Clerk should remain an elected position or be changed to an appointed one.  Both the Town Clerk and Town Manager are in favor of this action.  This is worth putting before the town.  The position is a professional administrative position only available to a town resident.  Making the position an appointed one would allow candidates from out of town to be considered.  Many towns have made this change, and pointedly, none have converted back.

TMM Worden raised a Point of Order (PoO).  He noted that last year, Town Meeting authorized money be spent on a report evaluating the merits of this proposal.  He asked where the report is, as we cannot proceed without the report.  Mr. Helmuth responded that the report is in the annotated warrant, and had been publicly available for some time.

The technical crew was working on getting the speaker queue up and running.  Mr. Pooler, the Town Manager spoke in favor of the article.  Town Clerk is a very important position, maintaining all the town's records and running our elections.  As the Town Manager, he sees to need for a professional position to be accountable to the Town Manager.  The duties do not require electoral accountability.  None of the Town's other department heads are elected.  The Town has had very good luck with the formerly elected positions which have been changed to be appointed:  assessor, comptroller, and treasurer.  This transition has increased their professionalism.  Serving under the Town Manager has increased budget control, staff accountability, and training.  There were deficiencies in the past.  This is a vote in favor of transparency and accountability.  The provided report has 17 findings and recommends the position be an appointed one.  It will allow more services to be provided by the Town Clerk’s office.  This is not a power grab by the Town Manager.  His position already has more than enough in their lap.  (The Moderator interrupted to note the speaker queue was now open.)  TMM Wagner  rose but was superseded by a PoO from TMM Rosenthal, asking to display the list of speakers for verification.  TMM Wagner noted the Town Clerk has specific power over election lists, precinct boundaries, and elections.  Competitive elections allow for an option to choose someone else.  This position is an important control point.  He encouraged a vote against the article.

There was a PoO on behalf of TMM Worden, noting that his name had not appeared on the list at the start.  TMM Moore (S) had a PoO requesting that the text on the speaker's list be enlarged.  TMM Moore (C) was up next, and he requested to hear from the Town Clerk, Ms. Brazile.  She is emphatically in favor of the change.  She is in favor of asking us Town Meeting to let voters take away her autonomy.  It is tough to measure accountability.  Past Town Clerks have not been very accountable.  Early voting in Arlington didn’t include weekends, because the Town Clerk didn’t want to do it, even though it was allowed.  It is important to give the Town Clerk a boss who can insist that things be done.  TMM Moore (C) noted that the transition had worked very well for the Treasurer's position.  Currently, the Town Clerk is only accountable every three years.  The position needs professional supervision.  Having a larger pool of applicants is better.  

TMM Kaepplein focused on power grab; we’ve seen this over Magliozzi Way.  That was a power grab by the Select Board ... (interrupted by multiple calls of "SCOPE").  PoO called to start the speaker clock.  TMM Kaepplein continued that democracy doesn’t work well in the dark.  Past performance has been kept under wraps.  The Building Inspector’s office ... (interrupted again with "SCOPE").  Only one-third of municipalities in the state have adopted an appointed Town Clerk.  Two-thirds still have not.  Democracy is important.  Residents have control over town.  He was not sure what else he could, or would be allowed to say.  It is important to have choice.  If we had known about the past issues, a change could have happened sooner.  The town leaders should share their concerns with the residents

TMM LaCourt (interrupted by PoO to reset clock) raised a salient point.  Town Meeting is not being asked to vote on this; we are voting whether to allow the town to vote on this question.  The article will allow voters to determine how their town is run.  Accountability for the Select Board comes at elections and every other week during public meetings with public comment.  The Town Clerk is elected but that is the only time they are held accountable.  They hold no meetings, no public reporting, no policy making.  no accountability.  The Select Board cannot demand the Town Clerk attend their meetings.  An appointed Town Clerk can be brought before the Select Board.  Right now, all cooperation with the Select Board is voluntary, not required.  In the past, many of the responsibilities for town elections were removed from Town Clerk and given to the Select Board.  Those responsibilities have now been returned.  It makes sense to include this on the ballot.  Then that time comes, TMM LaCourt will vote in favor, but tonight we are just deciding if we want the voters to have the choice.


The Moderator explained that speakers must limit their comments to the scope of the article.  The determination is up to him, but you must be able to draw a line between what you say and the article.  TMM Carmen, the last elected treasurer apologized for his appearance; he came straight from soccer practice, and he was still wearing his track suit.  He is speaking in favor of the article, and will rebut the counterpoint.  The opposition will say this is a loss of democracy.  When the question of an appointed treasurer went on ballot before, same arguments were made.  We don’t need to worry about predicting the future; it is here in Treasurer’s office.  No one, not even himself can say the elected treasurer was more competent than the appointed one.  That change allowed the creation of the Finance Department.  No one is wanting the different financial managers acting independently.  The job is more complex now.  Don’t be scared by the hypothetical, look at what we did.  Otherwise, a guy in a tracksuit will do it.

TMM Geenspon motioned to terminate debate, which was seconded.  There was some confusion over whether taking an electronic vote would erase the speaker list.  It was decided to try a voice vote, but the Moderator didn't feel comfortable declaring it a two-thirds vote to end debate.  The decided to take a picture of the speaker list and call for an electronic vote.  The devices usually provide confirmation that a vote has been cast, but not this time.  After reviewing a few vote screens, the Moderator cancelled the vote.  A standing vote was recommended while the technology tried to fix the voting gear again.  It took a while to divide the seating areas into smaller sections for counting.  People were selected to count.  We held the standing vote, and after extensive kindergarten math skills, we have a vote of 186-32 ending debate.  This brought up the vote on main motion.  (Numerous PoO's to change the display to the proper screen, but no one received a gold star!)  This time, the voting devices worked - lots of little “yea” from all around the room. The vote was 186-31

During the standing vote, while our votes were being tallied, I was reminded or the recent passing of Harry Belafonte ... "Come Mr. Tallyman, tally me Town Meeting Members..." 

Article 14 was introduced by Mr. Helmuth.  There was a PoO to show the voting screens.  After some back-and-forth, the Moderator noted that the policy was not to do so if there was a wide vote margin, but in this case, he would do so for the confidence of the members.  (While we waited, Mr. Helmuth offered to sing a song, but the Moderator insisted it be on scope, and he wasn't sure how to sing "no action".  Mr. Helmuth then continued that this was an unusual article as it was presented to the Select Board by a member of that board acting as a resident.  The Select Board opposed the article, as did the Department of Planning and Community Development and the Arlington Redevelopment Board.  This article, to create a committee to study possible sources of new growth in town would overlap and duplicate the efforts of several departments.  Mr. Helmuth agreed that new growth is a critical issue, but the question is how do we investigate it.  Studying this topic will be a part of the master plan, will be reviewed next year.  This plan will get input from same people on same subjects.  What would happen if the results are contradictory.  There is concern that this cannot be done without town resources.  Can it be truly effective without professional staff.  This is good in spirit, but without town resources, how can it succeed?  However important this topic is, we should leave this to the actual town process.

Mr. Diggins proposed a substitute motion, which was seconded.  He was speaking as resident with a policy geek t-shirt.  (“Policy is my love language”)  The purpose of this committee is to gain unexpected knowledge that might not be captured through the normal process.  This is not retribution; he respects his colleagues.  It was correct to turn down original motion which used departments and boards to come up with policy and bylaw changes.  However, this substitute is voluntary and just to come up with ideas.  He removed mandatory participation.  It can engage with residents and look for opportunities.  It can then encourage staff to build upon what has been discovered.  There is no conflict here, just a desire to learn more.  Town Meeting should avail itself of an opportunity to learn.  In regards to duplication of effort, the substitute motion is intended to avoid that.  Data received would be sent to the town via the Select Board representative.  Conflicting data is a good thing.  Maybe it would indicate something isn’t done right if it conflicted.  Matching would increase confidence in the result.  

TMM Jamieson, the Chair of the Board of Assessors noted the director works on new growth every year.  People in Arlington used to talk against growth.  This is a see-saw:  if you don’t like growth, you better love overrides.  This proposal has merit on one side - we are engaging in the discussion.  However, other groups are busy with tasks like the MBTA Communities act.  He recommended a vote against.  TMM Loreti asked the Moderator, as the appointing authority under the proposed bylaw, what it would mean to him to appoint "in cooperation" with the Envision Arlington standing committee .  The Moderator said he would try to come to an equitable position.  The term "cooperate" is vague.  TMM Loreti asked if Envision Arlington is going to make the decision, why isn’t this one of their task groups?  He agrees with the Select Board that it is better to wait for discussion on the Master Plan.  The Moderator concluded that “cooperate” to him means to approach in good faith, and he would hope others do same.


TMM Hamlin noted that the Town Manager can suspend the operations of the committee.  Why is this important?  Mr. Diggins said it was a stopgap so if there is a detrimental impact on a department, the Manager can suspend the committee to end the interference.  TMM Hamlin asked if the Master Plan was forthcoming?  Ms. Ricker, the DPCD Director said the process was starting up after the MBTA Communities and fossil fuel bans have passed.  Mr. Hamlin is neutral on the substitute motion.  TMM Holman had questions on the substitute motion.  He had mixed emotions about having a red team v. blue team dynamic.  There was possible contradiction.  He wouldn't want the committee to get in the way of the Town.  The committee has members from many boards; how is it not tied to the Town? Mr. Diggins indicated that membership was optional, not required.  TMM Holman was temporarily paused by the Town Manager.  The town can ask for information and be accommodating.  TMM Holman noted the unequal status of the two committees. How can it be “educational only” and pot recommend policy?  Mr. Diggins noted this was intentional.  This committee is to supplement and provide basic science.  TMM Holman asked if the committee will not make explicit recommendations, why not?   Who are we educating?  Mr. Diggins said Town Meeting will receive facts but they will not be translated into policy.

TMM Newton moved to terminate debate, which was seconded.  The vote to end debate was 189-2 in favor.  This brought up the vote to adopt the substitute motion, which failed 75-142.  This brought up the main motion of "no action".  The Moderator indicated we could vote yes to do nothing or vote no to "not do nothing but not do nothing in particular."  IT passed on a voice vote.

Article 14 was introduced by Mr. Helmuth.  The article was requested by the Board of Youth Services which was formed 61 years ago.  The Arlington Youth Counseling Center (AYCC) is now their primary work.  Mr. Heim, the Town Counsel provided details.  This request comes directly from the board.  It has evolved over the years from being general to being more directed.  Last year, they provided 5000+ hours of counseling services to the youth of the town.  This article includes a change name, more flexibility in membership, allowing up to five members to be professionals from outside of town, imposes term limits, and proposes a suite of administrative updates.  TMM Grunko asked whether this would omit residents who don’t vote.  Town Council noted that was in the original vote language but was not an issue.  TMM Rosenthal thought it sounds like good idea, but he doesn’t understand why the list doesn’t mention disbanding the board as is referenced in Warrant.  Town Counsel indicated the only action is the vote.  There was some initial discussion of becoming a non-profit.  TMM Boyle, a past board member thought this was common sense.  It has been a long time coming.  We should vote for it.  TMM Wagner moved to terminate debate, which was seconded and approved on a voice vote.  The main motion passed 217-1.  The Moderator called for our break.

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When we came back, we picked up with Article 16.  Mr. Helmuth explained that he would be recusing himself from the articles which included home-rule, as he works for a state senator.  Mr. Hurd, the Vice Chair of the Select Board introduced the article which would change the Town Manager Act to address how the Town addresses town manager vacancies in the middle of a term. He noted that our last manager left about 3 minutes into his term.  The Act requires finding a permanent replacement within 90 days to carry out the remainder of the full term.  This is older language from when there was a residency requirement and the position was less complicated.  The proposal would double the time to find a candidate and allow flexibility on the length of the initial term.  No one wanted to speak on the article, so we moved directly to the vote.  (After the earlier issue with the speaker list, we even had people add and remove their name to prove it worked.) The article passed 213-1.

Article 17 was introduced by Mr. Hurd.  The Select Board had voted to endorse a home rule petition to allow the town to publish legal notices through digital means.  Currently, a legal notice must be in a print publication.  The town is losing newspapers, and consolidation is raising the publication rates.  TMM Ruderman serves on the ACMi board, a locally sourced and created news outlet.  However, they cannot publish legal notices.  If it passes, this article would be a great benefit to them.  TMM Slotnick, the original proponent of the article said the article was designed to allow the town to publish legal notices.  We are currently limited to a paper of general circulation.  The Advocate & Star is the closest.  Gannett, its owner terminated 19 papers merged nine others down to four.  Currently, a legal notice in the Advocate & Star costs $190.  Should they be shutdown, the Boston Globe charges $900, a  four-fold increase.  So few people receive a print paper, and legal notices are not being seen.  This denigrates the legal notice process.  In this article, the Select Board is able to pick two notice options out of five:  print newspaper, newspaper website, digital publication, state website, and town website.  TMM Holland rose in support.  Moving legal notices online aligns better with actual current publication processes.  We might as well do it.  TMM Loreti spoke in opposition.  He doesn’t disagree with the facts presented; of the 350 cities and towns in the state, 300 may have same problem.  Passing special legislation to help only Arlington is piecemeal.  We should work towards a state-wide solution.  

TMM Thornton briefly rose in support.  This article helps us find a local source of information and support the local organizations that support us.  TMM Hamlin fully supports the article.  He has worked in Malden and is familiar with their struggles with public notices in city's last paper.  TMM Pretzer moved to terminate debate.  That was seconded and passed on a voice vote.  The main motion passed 205-10.

Article 19 was introduced by Mr. Hurd.  This article requests state action to repeal a home rule petition from the 1970's.  TMM Schlichtman was asked to introduce his article.  He asked, what is at the heart and soul of transportation in Arlington?  That there can be no infrastructure within 75 yards of Arlington Catholic High School.  It is written into state law.  He went back to the archives of the Arlington Advocate in the Robbins Library.  In 1976, opponents of the Red Line extension opposed a parking garage for the Russell Common Lot.  When the final vote came, the garage was already out of the plan.  That was part of a compromise which reduced the radius from the initial 150 yards.  It would have allowed a station without a garage.  The compromise fell apart.  This was the second most consequential action taken by the town,  after separating from Cambridge in 1807.  Arlington has changed and it deserves the opportunity to revisit the record.  We should consider our current needs and our priorities.  TMM Fiore said he has been "blessed and burdened" with all his mother's papers from her years in Town Meeting.  He has an original copy of the Red Line Extension Report, and he doesn’t agree with TMM Schlichtman.  In the Town Manager's report from 1977, after President Carter took office, the president talked about busses instead of subways.  In October of 1976, federal funding of the subway ended at Alewife Brook.  A copy of the plan is available on the Malden Public Library website.  Cambridge voted down a garage and bus station at Porter Square.  There was a lawsuit over the station at Alewife.  There could have been a mini-Alewife at Arlington Heights.  TMM Fiore asked if anyone had spoken to Arlington Catholic about this article.  TMM Schlichtman gave an emphatic "No".  TMM Babiarz spoke to the principal of Arlington Catholic.  He is worried that bus service would be taken away.  He was concerned the bus route used by students and teachers would be eliminated.  TMM Fiore indicated he was looking for wanted a current conversation about the 1977 law.  TMM Babiarz reiterated that the school is worried about losing bus routes.  TMM Fiore said the school should have been consulted.  He is worried a student will find out and think it happened because he was catholic.  (This remark was wholly out of line.)

TMM Loreti was baffled by the whole thing.  Is the town being harmed by this legislation today?  TMM Schlichtman noted he is a proponent of better public transit, but everywhere he goes, everyone says Arlington killed the Red Line.  This is what everyone thinks of us regionally, and this continues to this day.  TMM Loreti clarified by asking whether we missed any grant opportunities?  He is not interested in re-litigating the past.  There has been no harm.  Mr. Hurd was unaware of any grants we may have missed.  The Select Board viewed this as a cleanup.  TMM Loreti is worried about the amount of time spent on symbolic actions.  We should leave the past in the past.  TMM Revilak wholeheartedly supported the article.  The town’s action was the sentiment of the day.  He thinks it needs to be changed.  We need new growth.  This closed the possibility of development seen in other communities.  The town is still considered the Red Line Killer.  He hopes we could have rail back in Arlington.

Before calling on the next speaker, the Moderator noted that if you are going to repeat something already said, it is OK to just pass.  TMM Gibson noted that he had lots of thoughts, but he just wanted to terminate debate.  The Moderator said he was oh so sorry, but he had to deny the motion.  In order to terminate debate, you cannot make any other comments.  TMM Jalkut moved to terminate debate.  It was seconded and passed on a voice vote. The main motion passed 169-41.

Mr. Helmuth was glad to have the Town Manager explain Article 20.   Mr. Pooler noted this is an acceptance of state law regarding how we handle other Post Employee Benefit (OPEB) funds.  Arlington has been ahead of the game with its own system to bank funds for retirement.  Now we are in a situation where state law has caught up, and we now need o accept this law to create an OPEB board, to allow access to investments in the state pension fund.  This will get us better returns in the relatively safe Pension Reserves Investment Management (PRIM) fund.  The town will keep doing what its been  doing, only better.  TMM Jamieson noted, the town was proactive on this in the past.  He asked over time, how costs would be paid.  There is currently a line item in the budget; is that going away?  Mr. Pooler noted the town will continue to make annual appropriations from general funds.  TMM Jamieson asked whether there would be any change in how we pay from the OPEB fund.  Mr. Pooler don’t know.  Mr. Hewes from the Retirement Board said nothing will change.  Last year, the board was looking to increase investment opportunities.  PRIM said no, because we had a parallel local option bylaw.  Passing this article will give the town better options.  If we do nothing, nothing changes, but we also won’t have access to PRIM.  TMM Jamieson wrested his time back.  Does this include unions?  (Mr. Pooler - no.)  Will there be teacher retirees on board?  (Mr. Pooler - only if town appoints.)  Does the retirement fund include teachers.  What is proper representation.  TMM Hamlin moved the question.  The motion was seconded and approved by voice vote.  The main motion passed 209-0.

Articles 21, 22, and 23 were introduced together.  Mr. Helmuth said he was initially curious about why the Arlington Redevelopment Board (ARB) had custody of these buildings.  He introduced the Town Manager.  Mr. Pooler noted all three articles move property from the ARB to the town.  The was requested because the ARB should not be a landlord, and the facilities department is better suited to manage and maintain the buildings.  The Central School building is half town offices and half non-profits.  The ARB doesn’t raise enough funds on rent from non-profits, so town pays ARB rent on its space to provide for the maintenance of the building.  The Town Manager has agreed to a memorandum of understanding regarding who the buildings may be rented to.  The town would confer with the ARB.  TMM Howard passed.   TMM Blandy passed.   TMM Loreti opposes the article.  He used to serve on ARB, and he doesn’t want spend much time on this.  The buildings are basically run by town anyway.  The ARB has authority as a redevelopment board.  The issue relates to the tenants.  There was debate when the buildings were first transferred to ARB.  The plan was to go to a private developer, but there were no takers.  Those buildings were supposed to have commercial tenants.  There has been a lack of transparency.  The town has pushed to rent to non-profits for little rent.  By keeping these buildings under the control of the ARB, it will be clearer who the tenants are and what the rent is.  He tried but couldn't get information through a public request.  The town isn’t sufficiently transparent to discern whether they are being operated efficiently.

TMM Worden noted he was here when the buildings were given to the custody of ARB.  They have done a very good job of managing these properties.  He agrees with some of the tenants, not with others.  He noted that members of the ARB must be residents of the town.  The Town Manager does not need to be a resident.  It was a mistake (SCOPE)  These are historic structures and should be under the jurisdiction of the residents of the town.  Mr. Helmuth said, in full respect to the Select Board's vote, the ARB did vote in favor of this article.  TMM Pretzer moved to terminate debate. The motion was seconded and passed on a voice vote.  The main motion on Article 21 passed 184-24.

Mr. Helmuth introduced Article 22 and urged positive action.  TMM Ampe moved to terminate debate (Normally the Moderator wouldn’t allow this motion until there has been a debate, but in this case, he'll allow it.)  The motion was seconded and passed on a voice vote.  The main motion on Article 22 passed 183-25.

Mr. Helmuth introduced Article 23 and urged positive action.  (He was speaking really quickly, since it was 10:58)  TMM Saunders passed.  TMM Blandy moved to terminate debate.  The motion was seconded and passed on a voice vote.  The main motion on Article 23 passed 186-21.

The Moderator noted it was only 10:59.  We were reminded to return our handsets.  There were no notices of reconsideration.  We adjourned by voice vote.

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