2022 Annual Town Meeting - Night Five

 Welcome to Night Five of the 2022 Annual Town Meeting.  We made some progress over the last four nights, but not a lot of progress.  Tonight should be high hijinks as we resume our deliberations on the phase-out of gas powered leaf blowers.  TMM Schlichtman had a concise email on the Arlington List explaining the history of this topic before Town Meeting.  It was contentious in the past, and I don't anticipate it to be any different tonight.

We opened tonight's meeting with the attendance vote, followed by the Star Spangled Banner performed by TMM Helmuth.  The Moderator made some opening remarks.  Tonight is Minuteman High School night, when we invite the superintendent in to speak to their budget appropriation from the town.  We would take that article up first, then return to Article 16.  May 11 will be the Spring Special Town Meeting for consideration of six articles.  (These are typically articles which require expedited action.  The special meeting is opened and close quickly so the results can be certified by the AG's Office before the end of the fiscal year on June 30.)  The Moderator expressed his concern about the pace of our deliberations.  He has added projections for length of time it will take to complete the meeting based on the time we have been spending so far discussing articles.  Based on past performance, we will not finish before the end of June.  He has some ideas on how to make things run smoother.  The members were encouraged to be tight and focused with their comments.  He promised we will try something new on Wednesday.

New members who have not been sworn in now need to go to the Town Clerk to be sworn in.  (Where have you been the last tow weeks?  We've missing you.)  SBC Diggins moved that the meeting will continue to Wednesday, May 11 upon adjourning.  Article 3 was taken off the table to receive reports.  TMM Exton moved acceptance of the Arlington Public Schools report.  They are holding the presentation of the report until the discussion on budgets.  Article 3 was laid back upon the table.  Articles 16-54 were tabled to bring up Article 55, the appropriation for the Minuteman Regional Vocational Technical High School.  This is the last time we will receive the report from Dr. Bouquillon, the superintendent of the school, as he is retiring from the position.  TMM Foskett presented many of the accomplishments Dr. Bouquillon has made during his tenure.  The school is in much better shape today than when he started.  TMM Foskett thanked Dr. Bouquillon for his commitment on behalf of the town.  TMM Ruderman, the town's representative to the Minuteman School Committee, also thanked the superintendent.  He complimented the construction of the new school.  Student enrollments are at an all-time high, and we can take pride in that accomplishment.  He commended the excellent administrative team at the school.  Dr. Bouquillon thanked everyone for the kind remarks.  During his tenure, Arlington has been the most consistent supporter of Minuteman.  He looks forward to introducing his successor to the town.  The district budget is up a little less than 5%.  He reviewed the objectives for the year.  (Review the report on the Town website for details.)  Enrollment is shifting towards more in-district placements, reducing out-of-district contributions.  Over 400 applications were received this year, 97 of them from Arlington.  So far 57 Arlington students have accepted out of a total class of 175 students.  Per pupil assessment is decreasing, but higher participation is increasing allotment.  There are new programs being offered in Animal Science and Logistics Engineering. Forty-six percent of the school's students are on Individual Education Plans.  The Moderator thanked him for the report and his time as superintendent.

The Moderator called on TMM L_Heigham who asked what the percentage of students are work-bound versus college-bound.  Dr. Bouquillon noted that often changes for students as they progress through the school, but currently, 30-35% of graduated go directly to work.  She asked if the wait list is for a particular program.  Dr. Bouquillon noted that it is across the board and not for specific programs.  She lastly noted that many students who are eager to be students at Minuteman are low performing in a traditional school setting.  This has resulted in poor past performance, which reduces their chance of being accepted to Minuteman.  She hoped the school could increase its outreach to serve these children.  TMM Foskett asked about a past construction program regarding sports fields.  Dr. Bouquillon noted that some of the remaining school rebuilding funds were used to rebuild the athletic fields.  They will all be open in a few weeks and available for students and member communities.  He noted that the Arlington Children's Theater had used the school's theater.  TMM Jamieson thanked the superintendent for his great service.  He agreed with TMM L_Heigham regarding the wait list.  He asked about the increase in the minimum contribution.  Dr. Bouquillon noted it is set by the State varies year-to-year.  The percentage is up slightly this year.  In the past, credentialing costs for students were covered by grants.  Due to the variability of receiving grants, those costs will be brought within the operating budget.  TMM Phelan thanked the superintendent and expressed her appreciation for the new facilities.  She wanted to understand the difference between qualified students and the number of positions offered.  What is the procedure?  Dr. Bouquillon noted the state required a change in the admissions process.  The definition of "qualified" has changed, so it now only means that the application is complete.  The number of places offered is based on slot allocation formula set in the district agreement, and any leftover slots are redistributed.  TMM Phelan thought the process didn't sound fixed and had some fungability in assigning slots.  Dr. Bouquillon stated the process is more open, as more students are qualified, but there were over 400 applications for only 175 slots.  He wishes all could be accommodated, but that is not practical.  TMM Ruderman noted the Minuteman School Committee has put into a place a program to increase the overall enrollment to 800.  They are expanding the educational spaces to accommodate those additional students.

The speaker queue was empty, so we moved directly to the vote on the appropriation.  It was approved 235-0 with two abstentions, unanimous support!  TMM Foskett moved to take articles 16-54 back off the table.  The Moderator noted that notices and announcements would take place after break.  That portion of the meeting was moved to get to the Minuteman vote as early as possible.

Article 16 was now back before the meeting.  The Moderator noted that the article and four amendments were presented last time.  TMM Diggins introduced his amendment to clarify that after the transition period, all users would be able to use an electric leaf blower during set hours 7 days a week, all year long.  (He explained that this was not a change, just a clarification of the intent of the article.)  The Moderator created a multicolored "red-line" to indicate the effect of the various amendments on the main motion.  TMM Friedman raised a Point of Order to note to confirm that the speaker list did not change from the previous session.  However, she noted her name was dropped from its position on the list.  The Moderator noted that was not intentional.  There appears to be someone with a screenshot from last time, and the Moderator will try to get a copy.  TMM Bloom raised a Point of Order to ask whether TMM Diggins' amendment which allows weekend hours is in conflict with the Brown amendment.  The Moderator ruled that a question, and said it could be discussed in the normal discussion.  Counsel Heim sought to clarify a previously mentioned administrative correction which extended the dates for residential user transition to 2026 in all places. The Moderator asked if that was included in the annotated warrant.  The Clerk noted that the change will be made via Goodwin 1.  If that fails, the administrative change will be made before the final vote.

The technical team is still working on correcting the speaker list to match last week's list.  TMM White passed on speaking, as he was only on the list to introduce the article, which he did last session.  TMM Trembley said he used to work for an electric car company.  (Scope call by Moderator)  Cars back then were not ready for prime time.  He thinks electric leaf blowers are far along the timeline, but they are not there yet.  Electric blowers move only half the air, cost more, and run-out sooner.  This greatly increases the costs to the contractors and residents.  He is uncomfortable about government requirements to stop using something that still works.  Electric cars are more practical now, and the same will happen with leaf blowers.  The regulation is unnecessary, because everyone will adopt them when they are practical and better than gas models.  Don't force this.  If you are concerned about global warning... (Scope call by Moderator)  If you are concerned about the noise, ask your landscaper to use hand tools, and pay the extra cost.  Vote against the article, and let progress proceed at natural pace.  TMM Muldoon spoke in support of main article and the two Goodman amendments.  She is a homeowner who does not use blowers.  She is at the mercy of her neighbors.  There are dangers to our health based on the high decibel level.  She reported the World Health Organization has come out against them.  It is a challenge for the residents, the contractors, but especially, the workers.  The noise causes stress, headaches, sleep issues, stress, and anxiety.  The danger to our health is pretty intense.  The climate crisis... (Scope call by the Moderator)  Speaking as a homeowner with an electric leaf blower, she does not see this as being an issue, especially with the phase-in period.  A landscaper in Concord has been using electric blowers for 8 years without issue.  More than 100 cities and towns have limited or banned the use of gas-powered blowers.  Now is the time to address our health and the health of the world.

TMM Kerble introduced Mr. Tibbets, a past town meeting member and a landscaper in town.  He is not presently a town resident, so the meeting was asked to vote to allow him to speak.  There were only four objections, so he was allowed to address the meeting.  Mr. Tibbets is not against the change to electric leaf blowers.  He just feels it is just too early.  The current research is into electric cars, not yard equipment.  His company is trying out electric blowers.  They have found the batteries only last 30-35 minutes, and they take several hours to recharge.  It also takes longer to complete a project.  The batteries go stupid; they stop holding a charge.  The labor is predominantly Latino, including new business ownership.  Several Latino workers he met are wondering what is going on in Arlington.  The guys who use gas-powered models are not concerned about their use, as they use the proper ear protection.  They can get four yards done per day using gas powered blowers, but they can only do three with electric.  Mr. Tibbets noted this went through town meeting before, and it was rejected by the town.  (That was a very different article.)  The Moderator noted that noise and impacts are considered within scope, but other topics may not be included.  TMM Farrell supported article 16 because it would reduce the noise and pollution levels in the areas.  Electric models have no emissions.  (scope check)  She thought TMM Muldoon presented the noise issues well.  TMM Kaepplein raised a Point of Order asking about the Moderator's bias, as the previous speaker was able to speak about pollution before being checked.  The Moderator disagreed with the assertion and noted that was not a proper use of a Point of Order.  TMM Carr-Jones says she loves her neighbors, but what happens in one yard effects many yards.  Gas-powered leaf blower regulations are not well followed and not well enforced.    People may be uncomfortable calling the police on a neighbor's contractor.  The proposed bylaw would not rely on real-time enforcement, as reports would be filed with the Health Department.  This article is reserved in scope and moderate in timeline.  Please support it.  The Moderator noted that the tech team has resurrected the prior speaker list.  TMM Friedman will be reinserted into the queue in her former position.  We're now on break.

Back from break, the Moderator noted it appears that raising a Point of Order will take you off the speaker queue.  It is a quirk in the software.  He noted that there are many people on the speaker list, so he asked if people could please be brief and not repeat the same points.  He then remembered to ask for announcements.  SBC Diggins noted that the application for Town Day is open.  If you want a booth, don't forget to sign up.

TMM Mandal spoke in favor of the article.  She has received more positive responses from constituents on this article than responses to any other article.  She has a constituent in subsidized housing who wrote to her.  There is a lot of noise from gas leaf blowers in the development.  She gathered letters in support of the article.  We can vote to limit the impact on residents.  Electric leaf blowers are viable today.  She asked everyone to support the article on behalf of residents who are most vulnerable to the impacts.  We were reminded by the Moderator to stay on scope.  TMM L_Heigham raised a motion to terminate debate.  The vote was 188-41 with two abstentions, so debate was ended.  The Moderator asked to vote on the Goodwin Amendment 1 first.  After voting started, the Moderator asked to display the text of the amendment.  This is a hard amendment to summarize, as it does several simultaneous things.  At the close of voting, the amendment passed 183-48 without abstention.  The other amendments will be considered in relation to the now amended main motion.  Next is Goodwin Amendment 2 to only allow the town to use gas powered leaf blowers on properties over an acre in size.  This amendment passed as well, 178-55 with one abstention.

The next amendment to be voted on is the Friedman Amendment.  This would allow residents to use gas-powered leaf blowers everyday during the transition period, rather than just in the spring and fall.  The Moderator realized this is not as simple a change to make in light of the previously approved amendments, but since voting had been opened, he needed to make all the corrections on the fly.  It was not overly clear what the final text would be. TMM Weinstein raised a Point of Order seeking clarification as had a previous speaker.  He noted that if the Friedman Amendment had gone first, this confusion would not have occurred.  Where one negates another, the advantage is given to the amendment which is considered last.  He is very uncomfortable with how we are proceeding.  The Moderator noted is concern is valid.  However, we need to vote in a linear fashion, so regardless of the order, there will always be amendments which are voted before others.  He volunteered to speak with anyone afterwards in regards to how to address the semantics of the vote order.  The vote failed 45-183 with six abstentions.  This brought up the Brown Amendment to disallow the use of gas-powered leaf blowers on Saturdays when it is not allowed on a Sunday.  TMM Gibson raised a Point of Order to clarify that this amendment would only apply to gas blowers during the Commercial and Municipal user transition period.  It passed 151-81 with three abstentions.  This brought up the Diggins Amendment which "clarifies" that electric leaf blowers are allowed all days of the week within specific hours.  TMM Rosenthal raised a Point of Order asking whether the amendment would really be an explicit reading of an implicit rule as had been stated previously.  He believes that the Diggins Amendment would allow weekend use of electric blowers, which would not otherwise be allowed.  TMM Bloom raised a Point of Order to clarify whether the Diggins Amendment is a change, as the previous amendments applied to gas blowers, rather than electric blowers.  TMM Auster raised a Point of Order to note that his understanding was that the Diggins Amendment makes no changes.  Counsel Heim addressed a couple of these points to try to remove ambiguity, but did not do so unambiguously.  TMM Zhu Raised a Point of Order that the Diggins Amendment will extend commercial use to weekends.  The Moderator referred members to the text of the amendment.  The vote passed 169-62 with three abstentions.  The final vote on the main motion as amended by the Goodwin 1, Goodwin 2, Brown, and Diggins Amendments passed 187-44 without abstention.

The brought up Article 17, which would remove the section of the bylaw prohibiting the self service of gas.  SBC Diggins noted the Select Board voted unanimously to remove the restriction, as gas station owners are having trouble attracting employees, and pumps are far better and safer than they used to be.  TMM Revilak was going to introduce someone to speak to the article, but they were striken with a health emergency and are in the hospital.  He moved to table the article.  The Moderator asked that we take a formal vote, when it was noted that the vote tab listed the incorrect voting threshold.  TMM Wagner raised a Point of Order noting that there are two past moderators who could address the question.  TMM L_Heigham recommended proceeding with the vote while the technicalities are addressed.  TMM Zimmer raised a Point of Order asking if tabling was to a specific time or indeterminate.  TMM Foskett commented that postponing to a date certain is a majority vote, but tabling to a indeterminate date requires a 2/3 vote.  Counsel noted that there is no question as to the required vote (2/3), but the issue is with the voting software.  The voting portal was finally prepared, so we voted on whether to table the article.  The motion passed 192-25 with five abstentions.

This brought up Article 19, which would rename a very short piece of street between the Route 2 Access Road and Spring Street after Tom and Ray Magliozzi.  The Select Board recommended no action, but the original proponent has submitted a substitute motion.  SBC Diggins explained that the town has a procedure for naming things, and the Select Board is opposed to bypassing that process.  TMM Schlichtman moved his substitute motion, which was seconded.  He then moved to adjourn, which was also seconded.  TMM Auster, TMM Schlichtman, and TMM Jalkut filed notice of reconsideration on Article 16.  TMM Foskett filed notice of reconsideration on Article 55.  We then adjourned with four objections.  We will reconvene on Wednesday with the Spring Special Town Meeting.

>>  I had really hoped we would get farther tonight.  We only voted on two articles.  We really need to move along.  I had really hoped that we would be done before the 18th, as I have to be away that evening.    Now it looks like we could be barely into Zoning by then.  I hope the Moderator has something up his sleeve, or we're looking at many, many more sessions.

>> I was sad to see Dr. Bouquillon give his final report to Town Meeting.  He has been a fixture since I started, always calm, always clear, and always advocating to better his school.  Some years, the members were really opposed to the budget request.  Other years, we discussed enrollment, or the reconstruction, or any other number of articles.  He was always professional and courteous.  Minuteman is an important resource for our town, and he has left it far better and stronger than when he found it.  I wish Dr. Dawson, his successor well in her new position.

>> I supported the reasoning behind Article 16.  We had leaf blower "reform" years ago, and the problem still persists.  How many people remember Mr. Tibbets rising at town meeting back then, requesting that any compliance issues be brought to his attention, and he would address them on behalf of all landscapers?  Given the number of people for this article, either the noise issues have not been resolved, or people voted on the environmental benefits.  I supported the Goodwin Amendments and the Brown Amendment.  I opposed the Friedman Amendment.  I was for the Diggins Amendment, but after presenting it as essentially a statement of what was in the bylaw anyway, that became very muddied under multiple Points of Order.  In the end, I voted against it, because I wasn't at all convinced that it wasn't a change.  We now have several years to transition to all-electric.  I suppose that there could be a vote at a future town meeting to adjust the timing of the transition if things are not working out.  I was also surprised that the topic of plug-in leaf blowers was not discussed.  Could a landscaper request that clients provide access to an outlet so they could use line voltage devices?

>> I hope the proponent of Article 17 is OK.  It was surprising to hear that he had been taken to the hospital with a medical emergency.  I hope he is OK, and we are able to return to this article without much delay.

>> We covered Article 18 during the Consent Agenda, so it does not appear here.

>> Article 19 is a fun little interlude.  The road in question is the second right off the Route 2 access road between Pleasant and Park, between Venner and Highland.  It is only 60 ft long.  I'm not sure why TMM Schlichtman is proposing to name this street after the Car Talk brothers, but we will find out after we dispose of the Special Town Meeting.