Friday, May 12, 2023

2023 Annual Town Meeting - Night Five

Welcome to Night Five. Due to technical issues, the start of the meeting was delayed by twenty minutes. We were all happy to chat while additional cables were run. There was a sense of relief when the connection to the Satellite Room was restored. The Moderator called us to order, noting, "It has been that kind of night."

The Moderator had a few comments before we started. The Moderator's job is to moderate the discussion and be a moderating force. That is the most serious part of the job. Unchecked passions are the danger.  Maintaining decorum is very important.  Members are reminded to refrain from cheering, booing, or intimidating during open debate.  He watched last week's debate on artificial turf, and he emphasized that our debate will not be run that way.  Calling into question people's motives are right out.  The Moderator reminded everyone that only he gets to call on people.  He will take no position on artificial turf, but he does on how we conduct the discussion.  Our responsibility is to embody and transfer the will of the voters to the laws of the town.  We were cautioned to consider our words carefully.

Mr. Helmuth, Chair of the Select Board thanked the Moderator for wise words, and he hoped we heed them.  He moved that should the business of the meeting not be completed tonight, we will adjourn to Wednesday.  The motion was seconded and passed on a voice vote.

The Moderator called for the test vote.  Today's question was whether the members agreed with the statement "I support free speech for people I disagree with."  The Moderator reminded the members that there will be a record of how they voted.  The question was endorsed 202-13.

Mr. Helmuth played the National Anthem.  The Moderator called for announcements and resolutions.  TMM Foskett asked that Paul Buckley, a resident of the town be allowed to address the meeting.  As president of the local Rotary Club, his organization is organizing the annual Flags for Heroes display.  It has been at the Park Circle Water Tower since the start of the AHS rebuild.  People interested in supporting the project can sponsor a flag for $40.  A flag can be dedicated for up to two people, and the proceeds go towards scholarships at local schools.  The flags are displayed Memorial Day to Flag Day.  We were encouraged to go to www.arlingtonmarotary.com for more information.

TMM Maher noted his appreciation for the Moderator's words.  This is his 48th year on Town Meeting.  He is the director of the Symmes Memorial Fund, which is the successor to the Symmes Medical Use Fund.  They are able to grant around $50K per year for local needs.  For more information, please contact TMM Maher.

TMM Jones announced that June 24 is Prince Hall Day in Arlington.  The date commemorates a speech Prince Hall had delivered in Arlington.  There will be a celebration at the Mason Hall featuring a talk by Rosemarie Smurzynski on June 24.  The annual holiday was approved by Town Meeting 2021 through the efforts of TMM Melofchik.  There were no other announcements or resolutions.

TMM Deshler, Chair of the Finance Committee moved to take Article 3 from the table.  The motion was seconded and passed on a voice vote.  Allen Reedy, Chair of the town's Permanent Building Committee moved that their report be accepted.  He noted that the full report is available on the town website.  The committee was created by Town Meeting to oversee major construction projects undertaken by the town.  They currently have two major projects, the Community Center and the Town (DPW) Yard.  (The AHS Rebuild has its own separate committee.)  The Community Center in the old Central School building is a $9M project.  It included renovation to first three levels.  The building has been occupied for a year while the contractor is performing final closeout tasks.  The Town Yard / Municipal Services complex includes renovations to four historic buildings and the construction of several new buildings along Grove Street.  The $47M project includes extensive site work.  It is the future home for the DPW, ISD, IT, and Facilities.  It has been a difficult site to work.  It is the former site of a coal gasification plant, now contaminated with hazardous materials and heavy metals.  They are unearthing something new every day while trying to deliver the project relatively on time and as close to on budget as possible.  The are now starting to renovate the oldest buildings, so there is some concern over what they might encounter.  Mr. Reedy expressed the committee's appreciation for our support for these projects.  There being no other reports, TMM Deshler moved to put Article 3 back on table.  The motion was seconded and passed on a voice vote.

The leadership team from Minuteman High School is present this evening to present their budget under Article 44.  TMM Deshler moved that Articles 30-43 be laid upon the table.  The motion was seconded and passed on a voice vote.  TMM Deshler presented that the Finance Committee report is recommending $8.9M be approved for the Town's share of Minuteman operations.  TMM Ruderman, Arlington's member on the Minuteman School Committee noted that this is a nine town regional school district, and he has been our representative for the past three years.  The full report is available on the town's webpage.  The school district sought to save funds by not printing copies of the report for all the member towns.  He introduced the new Superintendent Dr. Kathleen Dawson who started at the end of last year.  She is a graduate of the University of Wisconsin, with a Masters degree from Harvard and a PhD from UPenn.  He can answer questions, as can the superintendent and the finance director.

Dr. Dawson, presented a high level review of the budget.  Her focus is on improving teaching and learning.  This year's request is a 4.5% increase over last year in support of a 6% increase in costs.  Arlington's share is $7.1M towards education, with the rest supporting the debt service on the school rebuild.  Dr. Dawson noted that shifts in enrollments were impacting fees.  She is proposing to add three teachers.  She noted that 10.3% of the school's budget is grant funded.  The schools obligations to fully support its pensions requires an increase in funding for that purpose.  She recommended approval of this budget.

TMM Mandal offered a warm welcome to Dr. Dawson and to parents of Minuteman students.  Arlington residents are very passionate about Minuteman.  She is concerned about recent developments at the school.  She has submitted a letter, but she won't discuss it tonight (The Moderator asked not to discuss what you're not going to discuss, and only discuss what you’re going to discuss.)  She asked if there was any comment regarding any administrative changes due to parental feedback.  Dr. Dawson (The Moderator asked if this was a budget question.)  TMM Mandal said she had received information over the weekend.  As the budget was being presented, she wanted to know whether the Superintendent anticipated any changes that might impact the budget.  An example would be outreach to hire new staff.  Dr. Dawson said she was unclear on the question.  TMM Mandal started rephrasing her question when she was called out of scope.  She asked if the school would be looking for new administrator.   Dr. Dawson indicated the presented budget meets all the staffing needs of the school, including a search committee.  TMM Mandal said Arlington loves its teachers, and she has some concerns about the recent no confidence vote.  Does the Superintendent have any concerns about her ability to negotiate with the unions?  TMM Ruderman is a member of the negotiation subcommittee.  They have concluded contract negotiations within the last month.  They are "done and dusted."  TMM Mandal asked about enrollment numbers, and asked about the wait list.  Dr. Dawson said it was too early to address at this time.  Currently, Arlington has 46 acceptances with an additional 6 students on wait list.  That is likely going to change as more students finalize their plans.  Enrollment from other towns is increasing. (The Moderator thanked the member for her "tour around the borders of scope.")  TMM Kaepplein said that in the past, there had been a better opportunity to learn about what the school does, but that was missing this year.  He asked whether the Superintendent could speak to differences between what Minuteman offers versus what Arlington Public Schools could provide for vocational training.  Dr. Dawson said the current budget sets up for a responsible future budget.  She looks forward to collaborating with all public schools.  Minuteman just hosted classes from the Arlington Public Schools,  TMM Kaepplein noted that enrollment is up 10%, but the budget is up 20%.  Dr. Dawson noted that most of the teacher salaries (2/3 of staff) are on the top tier of the salary scale.  Nikki Andrade, the Assistant Business Manager said that costs for new hires, new contracts, and consumables were all up.  TMM Kaepplein asked about the costs for recruitment and for replacing teachers and the principal.  Dr. Dawson said she had an internal team for recruitment and retention.  They post vacancies, but do not plan on conducting a national search.  They expect the open positions to be filled soon.  TMM Hamlin moved to terminate debate.  The motion was seconded and motion failed on a voice vote:  "The no’s have it."

TMM Carme asked whether there were any pending lawsuits or liabilities (The Moderator asked how this relates to the budget.)  She said those costs will need to be accounted for in the budget.  Dr. Dawson said there is no current litigation.  She could not comment on other possible legal issues on the advice of counsel.  TMM Orfanos had been looking into the financials.  You can have no great schools without great teachers.  However, the faculty held a unanimous vote of no confidence.  We need to open a passionate debate.  What is the financial impact of this vote by the staff?  She discussed the financial impact with TMM Ruderman.  It was an historic vote, leading to four 4 resignations.  When asked how those staff members will be replaced, TMM Ruderman responded with four words, "they will be replaced."  There are 9 open positions between teachers and the principal.  The costs of replacement can be very high.  The cost of the vacancies is critical.  TMM Orfanos asked whether the Superintendent was aware of financial implications?  Turnover can negatively impact morale.  (Calls to stay in scope)  How does the student walkout effect enrollment  (The Moderator called for order.)  How does no confidence impact recruitment?  Too many questions are before us about the budget.  We don't want to send good money after bad policy.  (The Manager reminded the members to address all questions to the Moderator, and he will decide who will address the questions.  The Moderator is here to moderate.)  TMM Tosti noted a hard act to follow.  He was looking at a nice chart last week.  It included all schools and per person costs, but he could not submit it to the Manager for display during the debate.   Minuteman is the most expensive vocational school in state at $34K/student.  Greater Lawrence only costs $31K/student, and others are all lower.  We need great schools, but also affordable schools.  What can Minuteman do to reduce these costs?  Dr. Dawson admitted Minuteman is "one of the highest", but continued that they also have one of the highest staff budgets, since most teachers are on the top salary step.  She could only lower assessments by lowering staff salaries.  She doesn't have any current plans to address this issue.  She concluded that 77% of the budget goes towards towards employees.

TMM Heigham said she is critical of Minuteman because of the per student cost.  She asked whether all programs have the same cost per student?  Do some programs need more money than others?  Dr. Dawson confirmed the funding is not equal as different programs have different needs.  The funding is equitable.  The different departments make their own requests for what support they need.  TMM Heigham asked whether more students are coming to the school to study the expensive subjects.  Dr. Dawson said incoming students not accepted by what they are interested in studying.  The first year is an exploration of all the options the school has to offer.  The only time they look at the distribution of students was when a student requests a change their selected program.  It doesn’t impact the budget. TMM Heigham noted a previous preference for higher achieving students.  Can the school look into true vocational pathways.  In the past, it looked like computer science and robotics candidates were preferred.  Vocational schools used to be school-to-work programs.  Now, they seem to be more school-to-college.

TMM Schlichtman was on the Minuteman School Committee back in 1997-2001.  He asked how many individual towns need to approve the budget before it is approved?   Dr. Dawson confirmed that was six of nine.  TMM Schlichtman asked if that threshold had been achieved, and the Superintendent said it had.  TMM Schlichtman noted that this budget is approved no matter what we do, so let’s just approve it.  (The Moderator asked no to cast aspersions on other towns.)  The only thing before Town Meeting  is approving the budget amount put forward by the Finance Committee or not. Minuteman is now a good school with a wait list.  Per the state's school reform act, employment is solely at discretion of the Superintendent.  That covered the four corners of the issue.  (The Moderator commented that "four corners" implies flat Euclidean space, but he won't hold that against the speaker.)  TMM Greenspon said as a physicist would debate whether that was true, but he moved to terminate debate instead.  The Moderator denied the motion, since he had commented first, even if it was just a joke.  Debate must continue.

TM Logan rose to introduce a resident.  (There was notice that members in the balcony were having trouble hearing to speakers.  It was different from earlier days.)  Claudia Annette, parent of a Minuteman student was surprised at the things going on at the school.  She was wondering how this might effect the projected number of students entering Minuteman.  Parents talked about how culture was so beneficial in the past.  She does not know if the numbers are still correct.  She has advised parents to consider the school, but she is not sure how that will look once people know about the ongoing issues.  She didn't think we were ready to discuss the real budget.  We might be talking abut feelings, but those feelings affect the number of students attending the school.  TMM Granucci, moved to terminate debate.  The motion was seconded and passed on a voice vote.  The main motion on the Minuteman budget passed 203-20.  TMM Ruderman thanked Town Meeting for its support.  We started our break.


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Back from break, the Moderator was reminded that budgets are presented in tables, which literally are rectangles.  The "four corners" remark made earlier was appropriate.  (We're getting a little punchy.)


TMM Deshler, moved to take Article 12 from the table.  The motion was seconded and passed on a voice vote.  TMM Helmuth noted the Select Board strongly encourages support for their vote of no action.  The Town has bodies that deal with these issues.  They are confident that the process has been fair and balanced an inclusive.  The potential hazards are real, and the science is evolving.  There is no full agreement on the risks.  The best policy is not a blanket moratorium, but site-by-site analysis by the Town to determine the best approach for each location.  He trusts the current process and supports town staff.  He urges the meeting to support the recommended vote of no action.  (The Moderator noted we have more amendments to this one article than some towns have articles on their warrant.)  TMM Melofchik introduced her substitute motion to implement a moratorium and establish a study committee to be in effect until a report is filed at or before the 2025Annual Town Meeting.  Artificial turf fields use crumb rubber as a loose infill.  It is a dangerous material, containing toxins.  The materials contain PFAS, a class of persistent, bio-accumulative chemicals. The existing artificial turf field at Arlington Catholic sheds 480 lbs of particles are shed every year.  These chemicals are hormone interrupters.  There are no safe levels.  The recommended maximum exposure is 4 ppt.  The chemicals leach off fields into waterways.  The fields contribute to climate change.  They shed microplastics.  They are not recycled in the US.  It is a disposal nightmare.  There could be huge liabilities.  Four states, including Massachusetts are looking at banning artificial turf.   TMM Melofchik asked members to vote yes on her substitute, but vote no on the other substitute and amendments.  Plastic fields are not safe.  She said her group has brought the science to the members.  They did it for us.  There are no artificial turf products that do not contain PFAS.


The Moderator interjected that he would allow some commentary regarding motions not yet presented.  This would not usually be his practice.  TMM Melofchik move her substitute motion, which was seconded.  TMM Vakil said he had been researching the material, and he had learned many things.  PFAS are really bad.  He threw out his non-stick pans.  Incremental exposure is real, but small in scale.  Access to outdoor spaces where we can be active is more valuable than the danger of exposure.  He was looking to provide some clear guidance with a path forward.  He encouraged voting against the substitute motion, or a positive vote with his amendment.  He moved acceptance of the motion, which was seconded.  (The Moderator said he would be following the Ross Rule for considering and ordering amendments.  This starts with broad strokes, moving towards finer detail.  It is named after Bob Ross, the famed television painter.)  TMM Greenspon presented his amendment.  The Belmont Hill School (BHS) has pulled out of negotiations with the town.  Poets Corner is in very poor repair.  The former landfill is not properly capped.  He is not sure what the Archdiocese will do with their land.  Maybe the Town could purchase it.  He doesn’t want a moratorium to stop pursuing a possible development.  A blanket ban could be bad.  The Conservation Commission would weigh in anyway.  He is not sure about moratorium, so his amendment would allow the Town to proceed with negotiations.  The Town should be prepared should this land proposal move forward. His amendment was moved and seconded.

TMM Schlichtman rose to present his amendment.  Last week, in Town Hall, two groups were sharply divided and presented very different narratives.  (There was another reference to topography, and the Moderator noted that he has the authority and ability to make policy.  The speaker offered trapezoids as a possible alternative, and the Moderator agreed to allow it.  You kind-of had to be there...)  Our playing fields lack well maintained grass.  Our responsibility as we approve budgets is to consider the best options for our constituents.  Artificial turf has its uses, including capping a toxic site behind AHS.  This site is excepted from the original substitute.  The Town can set specifics,.  That might not be in scope this evening.  His amendment proposes reducing the period for the study committee and moratorium to one year, until the 2024 Town Meeting.  The committee would come with a report, which would allow for the preparation of articles and budgets.  The majority of town is between banning artificial turf and allowing its unregulated use.  Please vote yes on his amendment.  The amendment was moved and seconded.

TMM Pagliasotti introduced her amendment whereby all study committee members proposed by the Melofchik substitute motion would be made voting members.   (The Moderator noted that if members are clicking in now to be added to the speaker list, given the length of the list, you will not likely be called to speak until after the expiration of the Schlichtman amendment.)  TMM Pagliasotti noted that the ex-officio and non voting members added to the committee in the substitute motion have critical expertise, and they must be part of the voting.  Her amendment was moved and seconded.

TMM Dennis moved that his two amendments be received.  They were seconded.  He sees the substitute motion as having three flaws.  First, denying voting to some committee members builds inequity.  The committee must be more inclusive.  The Pagliasotti amendment leaves an even number of members on the committee.  The Dennis (#1) amendment removed one member, so it is an odd number.  The chair, who is assigned by the Moderator, must be neutral.  The Dennis (#2) acknowledges that the committee must not just look at problems, but also look into best practices.  The moratorium is an issue.  Without further development, Poets Corner will remain an eyesore and the church will sell their land.  TMM Dennis supports the Greenspon amendment as a symbolic statement.  Not all the communities noted to have banned artificial turn have actually done so.  Springfield and Belmont both have recently installed artificial turf.  Brookline has an Athletic Surface Task Force.  Many other communities are still installing artificial turf.  How did this get so complicated?  The proponents started with the moratorium.  The plan for a review committee came later.  We should approve the amendment, and vote down the substitute motion.  We can then come back in the fall with a better proposal.

TMM Benson proposed an alternate substitute motion with TMM Stamps.  In response to the BHC withdrawal, he noted there are no agreements or payments.  There are some arguments about Poets Corner, but this proposal is not about that; it is about artificial turf.  Putting poisons on the ground is not a good idea.  He moved his substitute motion, which was seconded.  This motion is similar to the Melofchik motion but better.  The committee will prepare a report for the 2024 town meeting.  The one-year moratorium exempts AHS athletic fields.  This motion was filed, because they went to the forum last week, and both sides were there talking across each other.  This needs to be a town meeting committee that is fair and balanced.  As representatives, we will know what to do.  This motion changes the composition of the committee to have seven voting members and two non-voting members.  The committee needs to talk together, so there will be no industry involvement, no lobbyists, and no legal involvement.  This will be the best committee for its composition.  It has conflict of interest rules.  The composition will allow the members to talk together rather against each other.  A field covered in rubber ... SCOPE.  That was the last of the proposals.


The Moderator explained that an article is like a platter you can stack things upon.  The two substitute motions are two plates on the platter. One of the plates has six saucers stacked on it.  That is the Melofchik substitute motion.  The other is the Benson / Stamps substitute motion.  The Moderator requested Mr. Pooler address the meeting.  TMM Weinstein had a Point of Order to object.  The Moderator said they had talked about it before, and it was his choice as moderator.  Mr. Pooler was glad to have found is town meeting button.  He hopes that it will make things go smoother.  The Town received written notice from BHS indicating they were pulling out of any projects at Poets Corner.  He hopes Town Meeting supports the Select Board.  TMM Weinstein again raised a Point of Order to object to Mr. Pooler addressing the meeting.  He said it was undemocratic, and he should have spoken during the Select Board's presentation.  The Moderator said Mr. Pooler wasn't there to debate.  He would provide information regarding what would happen if the substitute motions were not adopted.  He asked when would Town Meeting want to hear from the Town Manager.  TMM Weinstein quipped "after we vote!"  The Moderator asked him to stop.  Mr. Pooler would be available for questions.

TMM Goldsmith, speaking with one month of experience on Town Meeting thought parents of children should do what they believe is best for their children.  We need to evaluate the options.  BHS was willing to pay good money.  The  Archdiocese wants to sell the land.  How attractive is the poorly capped landfill.  It is a sketchy site.  Arlington has a better hand to play  than we think.  He supports the Benson / Stamps substitute motion.  He thinks this will allow things to keep moving forward. A moratorium is an OK compromise.  We are the adults in the room, and we should be making the best decision.  TMM Weinstein apologized for his earlier outburst.  This is a stressful time.  The Moderator appreciated his apology.  TMM Weinstein appreciates everyone who put forward motions and amendments.  He commented on the other amendments.  The Vakil amendment makes the case for study committee for him.  It does not address precursor chemicals to PFAS.  EPA 537 only detects a portion of the dangerous chemicals.  It does not address all the other problems.  It will lead to increased stormwater issues.  Exposure is cumulative.  Artificial turf gets degraded over time, made smaller and inhale-able.  The  Pagliasotti amendment is not controversial.  It would make the non-voting members voting.  He thought this could make it more unbiased.  Dennis (#1) removes the ability of the study committee to choose its own chair.  A chair is imposed by the Town Moderator, which is very autocratic.  Dennis (#2) increases the scope of the committee to explore best practices for artificial turf, but not for natural grass.  This will lead to skewed results.  It changes the focus from looking at determining if turf is safe.  The Melofchik substitute motion is still the best.

The Moderator noted that being called autocratic didn’t sting as much as he thought it would.  TMM Bergman, as a proponent, wanted to explain why this is so important.  Artificial turf is personal.  He has been reading and studying.  All the chemicals are from one class and are regulated one-by-one.  When one is banned, the industry just tweaks the formula to have a new unregulated chemical.  There are now over 12K varieties.  We have grown up in a plastics era.  There was a cancer cluster in her neighborhood.  It became a superfund site. Her mother had five separate cancers,  Only a few friends have no cancers.  Chemicals similar to those in artificial turf were in that site.  This will only create new toxic sites.  There is new research daily.  There are no safe levels.  There are emerging clusters of cancers among goalies and baseball players.  Why ban plastic bags and bottles, only to install plastic over fields. She is disappointed and puzzled about why environmental leaders are seeking to cover fields in plastic.  She asks for a yes vote for the Melofchik substitute motion and no on the others. TMM Moore (C) said this is a moment in the history of understanding the science.  There are strong arguments on both sides, and we don’t know how to move with so many amendments.  (The Moderator compared them to a smorgasbord.)  He appreciates the work it took to get here.  What happens if we have no action vote?  Mr. Pooler said if that happened, it would be his intention to appoint a study committee.  The forum answered some questions, but posed several others.  The Town would form a Town Manager committee to perform a similar scope of research, look into testing, impacts, chemicals, health, environment, recreation use, lifecycle costs, and the feasibility of going organic.  The committee would report responses by the end of the year.  TMM Moore (C) said this was a sign that things are working.  Both sides have spoken, and he likes the Town Manager's proposal.  It has a mix of staff, committee members, and public residents.  It would follow a straight-forward path, not because the public isn’t heard, but because they are reflected in the town's proposal.

TMM Greenspon raised a Point of Order to ask if the main motion is divisible.  The Moderator said he will make that decision when it comes up.  TMM Hurd said he doesn't want to repeat what has been said at the hearing, but wants to reiterate a few points.  As a town meeting member and a select board member, he is always amazed at the environmental focus of the town.  He comes at this question as a parent with kids who play on the town's fields.  The state is researching this same question.  This is a state issue.  They have the resources to make a more informed decision.  State action levels the field for all athletes. There has been a devaluing of the need for sufficient playing fields for our children.  He has supported things that burden adults.  This would burden our children.  The main town sports organizations agreed to put forward a joint letter saying we need more fields.  His child has only played 2 of 7 games this year due to field closures.  It takes two days for the fields to dry at Poets Corner.  Imposing a moratorium is not fair to the kids.  Even with today's news, we may still have another proposal.  Please vote yes on the Dennis Amendments, but no on the main article.  TMM Hurd asked to bring forward a resident to speak.  Phil Lasker,  Chair of the Park and Recreation Commission said he was devastated that BHS has withdrawn from negotiations.  There are financial concerns.  The Commission opposes any ban or moratorium.  He believes natural turf will not solve the town's field access issues.  Artificial turf is the solution.  He thanked the user groups for their support. The Commission will continue to work with local residents, with BHC, and with the Archdiocese.  He thanked Joe Connelly, the Director of Recreation for his commitment to the town.  There is more information at the PRC website.

TMM Trembly had an experience a while ago, picking up an artificial turf field in Weston or Sudbury.  They bought a new field and the rainwater rubbed the crumb rubber out and field ... and the field floated away.  We haven't talked about the problem of the field floating away.  He would like to see the Town purchase the church land.  (The Moderator noted he was out of scope.)  He would like town to have natural turf to place snow upon in the winter.  (The Moderator asked if this was coming around to road salt.) (No, that is the DPW budget.)  TMM Kelleher passed.  There was a motion to adjourn.  The Moderator asked for notices of reconsideration.  There being none,the motion to adjourn was seconded and passed on a voice vote.

Monday, May 8, 2023

2023 Annual Town Meeting - Night Four

The Moderator started the night reviewing the "48 Hour Rule."  All amendments must be submitted 48 hours (2 business days) before the meeting where the article is discussed.  He also declared that all amendments and substitute motions would need to be submitted ahead.  We were told that if we are doing "something interesting" with Article 12, it must be submitted in writing before 8:00pm Thursday.  TMM Worden raised a Point of Order.  What happened to the weekend?  Forty-eight hours is Saturday night.  The Moderator clarified that it was business days only.  After some back-and-forth, TMM Worden said, "your rule doesn’t make it right."  The Moderator quipped back, "it makes it the rule."

TMM Weinstein raised a Point of Order.  He requested that the Moderator not start the vote clock until after he is done explaining the vote.  There were several times last session where the vote clock ended before the vote was fully explained.  The Moderator agreed, and would try to do better.

Mr. Helmuth, Chair of the Select Board moved to adjourn the Annual Town Meeting until immediately after the conclusion of the Special Town Meeting, or Monday, whichever came first.  The motion was seconded and passed on a voice vote.


TMM Wagner raised a Point of Order that we didn't sing.  Did we forget to play the national anthem?   The Moderator reiterated his statement from opening night that he wasn't going to have it sung every night.  TMM Wagner pushed his point, and the Moderator ruled him out of order.


The Moderator brought the Special Town Meeting to order.  Mr. Helmuth motioned who can be in the enclosure during the meeting.  It was seconded and passed on a voice vote.

The Moderator asked the Town Clerk whether the meeting had been properly called, and Ms. Brazile agreed that it was.  Mr. Helmuth moved that if we didn't finish, we would continue on Monday.  That was seconded and approved on a voice vote.  He then called for announcements and resolutions.


TMM Foskett asked to have a resident of the town make an announcement.  Nancy Feeney announced a fundraiser  for Metastatic Breast Cancer research and prevention.  The foundation is named after a friend of hers who passed away from the disease.  The event will be May 14. There is a "hot pink" flyer in the back of the hall with more information.

TMM Helmuth indicated the Select Board report to the Special Town Meeting was on the chairs.  He also announced that applications to join the Arlington Civilian Police Advisory Panel were available on the town website.  Applications must be received by May 31.

TMM Wiener announced the Housing Corporation of Arlington (HCA) Walk for Affordable Housing would be on May 21.  TMM Ford-Weems thanked the Moderator for the opportunity to address the meeting.  She asked "what steps can you take to support affordable housing?"  Support the HCA.  There are two services provided by the  HCA:  working with residents who could lose their housing and build more affordable housing.  She encouraged everyone to come to the walk and meet the HCA staff, tenants, and board members.  A link to the walk page is at their website.


TMM Pooler announced that after discussion with Chief Flaherty, they have agreed that the town won’t purchase Bolo Wraps. They will refer the task of finding an appropriate deescalation strategy to the police advisory panel.

TMM Ruderman, the Minuteman School Committee representative for Arlington announced that the Minuteman superintendent would be here on Monday for the presentation on Article 44.  The presentation is available on the Annotated Warrant.

There being no other announcements or resolutions, Article 1 was before the meeting.  Mr. Helmuth submitted the Select Board report and asked that it be accepted.  This was seconded and approved on a voice vote.  TMM Deshler, Chair of the Finance Committee moved that the recommended votes in the report be before the meeting.  This was seconded and approved on a voice vote.  TMM Deshler moved that Article 1 be tabled.  This was seconded and approved on a voice vote.

Article 2 was introduced by Mr. Helmuth who recommended positive action to create a hybrid meeting study committee for Town Meeting.  TMM Rosenthal has a Point of Order requesting a test vote.  The  Moderator apologized for not doing it sooner.  The test question was  whether there were more voting precincts in Arlington or keys on a stenographic typewriter.  The vote was 99-87 in favor of the number of precincts, but that was incorrect.  The keyboard has 22 keys.  TMM Gruber from the Town Meeting Procedures Committee said the article proposed forming a committee to study holding future Town Meetings in a hybrid format.  The final report would include a process for implementation and support. She encouraged a positive vote.  TMM Sullivan passed.  TMM Hamlin "is … interested" in this committee.  He sets up hybrid meetings for work.  He noted this will involve a lot of effort. The committee will need to consider costs and procedures.  TMM Radoccia passed.  TMM Leone, the former town moderator urged a vote against the proposal.  We all saw how Town Meeting was on Zoom.  Going back will be a disaster.  It will be disrespectful to those who are not in person.  It takes 8-10 staff to run an online town meeting.  They last much longer.  Town Meeting lost many seasoned members who didn’t want to do it again online.  It is so much better in person.  Just because we can consider hybrid doesn’t mean we should.  It will have different classes of participants.  TMM Pretzer is in favor of the article.  The core of the issue is democracy.  We need to remove barriers to participation.  If it is easier to run, there will be more contested elections.  There should be no barriers leading to inequality because of how one needs to participate.  This would allow other people to run and participate in town meeting, maximizing opportunities to better represent the town. Study committee will do a good job weighing options.

TMM Rudick (5) jogged up to the podium.  He is a parent of three kids under 5.  He was late tonight, because his kids go to bed at 8:00.  The study will be good.  There are upsides to being in person.  Yelling "SCOPE" at a screen doesn’t work. (The Moderator concurred, "No.  it doesn’t.")  TMM Newton moved to terminate debate.  This was seconded and after an inconclusive voice vote, approved 172-46.  TMM Badik raised a Point of Order about the vote language.  After a little back-and-forth with the Moderator, all was OK.  The Moderator reviewed the main motion and the article passed 183-33.

Article 3 was introduced by Mr. Pooler.  He was stopped, and the article was introduced by Ms. Mahon from the Select Board.  Mr. Helmuth was recused.  It is important that this article regarding hiring procedures for the police department be heard at town meeting.  Mr. Pooler requested 10 minutes for the presentation.  TMM Rosenthal asked how we know when to add our names to the speaker queue if you don’t tell us the queue is open. The Moderator apologized, and reset the queue.  The motion was seconded and approved on a voice vote.  The article will authorize a home rule petition allowing the town to hire police officers outside of Civil Service.  Civil Service is not working for town now.  This petition, if approved, would allow the department to accept candidates from outside of Civil Service. There would be no effect other departments.  Civil Service has written and physical exams.  Interviews are limited in number, and the department must hire highest scoring qualified candidate.  It is a lengthy process to hire the number 2 candidate instead.  This change will allow the town to administer its own exam and/or assessment and a physical exam.  There would be no limit on the number of interviews, and the police department could hire anyone who was interviewed.  There would be no preference for Arlington residents, nor would there be a preference for veterans.  After they are hired, the new employees would retain the protections afforded under Civil Service.  Chief  Flaherty spoke to the benefits of the article.  There has been a reduction in the number of residents taking the Civil Service exam.  The town will be able to pursue a much wider pool of candidates without it.  The town could administer its own test multiple times a year.  The Civil Service bypass process to exclude a candidate would no longer be needed.  This change would make it much easier to address diversity issues. It would allow the town to direct its own recruitment.  We are trying to fix a problem, and this article will fix it.  Civil Service was created a century ago to get rid of the old patronage system.  It doesn’t work well today and the administration of the program isn’t properly funded at state level.  Every year, more communities are leaving Civil Service.  While Arlington is still in discussions with its unions, we are proposing a half step.  The Chief requested our support.

The Moderator decided to bounce around the speaker list.  TMM Harrelson works with an organization that does non-civil service exams.  What types of exams will the Town use, and regarding diversity, how will the Town address protected classes.  Chief Flaherty said the department would be conducting research on testing and set policy similar to other communities.  The department would likely hire a consultant.  The goal is to be able to choose candidates from wider pool with more diversity.  TMM Ryan-Vollmar asked how many women are on the Arlington police force.  Chief Flaherty responded that 8 of 61 officers are women.  When asked how many are colored, she responded 5.  TMM Ryan-Lollmar asked the Chief, based on her experience, how important is it to mirror the diversity of community in the force.  Chief Flaherty responded that it builds trust with the community and is very important.  This article will further that goal by opening up positions to a larger pool of applicants.  She noted that several other towns are passing similar bills.  When asked how this would effect existing officers, the Chief said it would not.  It would offer residents a more diverse force in the future.

TMM Kaepplein said he had looked at the civil service website, and noted that there are many people waiting to be hired.  There should be no issue in finding candidates.  He started asking about the Fire Department, but was stopped by the Moderator forgoing out of scope.  TMM Kaepplein asked what sort of police interactions don’t match demographically, where is the gap between minority residents and police. Chief Flaherty noted that for minorities, only only 5 people on the force look like their community.  TMM Kaepplein asked what gaps needed to be filled.  The Chief noted there was nothing specific.  When TMM Kaepplein asked what the need was, the Moderator asked about the granularity of the match between town and police.  The Chief said Arlington is more diverse than its police.  TMM Kaepplein thought the response was too vague.  Chief Flaherty replied that there are currently 16 residents on the Civil Service list.  When the department hires people from outside of town, they very often leave as soon as a position opens up in their town.  The department tries to stay with  Arlington candidates in order to retain them.  TMM Kaepplein again brought up the fire department and was again stopped for being outside the scope of the article.  TMM Prokosch moved to terminate debate.  The Moderator decided that the voice vote failed, but after five members rose to request a count, the vote by handset showed it passed 151-59.  Debate was terminated. (The Moderator noted that the "No’s are just louder.")  After fully explaining the vote, the Moderator opened voting.  Th main motion passed 199-17.

TMM Deshler moved to take Article 1 from table.  That was seconded and passed on a voice vote.  She then moved to dissolve the special town meeting.  That was seconded and passed on a voice vote.  We were back to the regular meeting.

TMM Deshler moved that articles 9 and articles 24-36 be taken from the table.  That was seconded and passed on a voice vote.

Article 9 had been tabled by the Meeting to allow an amendment to the substitute motion be filed by TMM Badik.  Mr. Helmuth said that earlier this week, the Select Board met and voted to endorse the substitute motion which would allow a permanent record to be created, but allow the Town Clerk to have options for how to do that. He said that was the intent of the Board, but the vote language didn’t reflect that.  The Badik amendment restores original language, removes the term “stenographic”, and added “of proceedings“.  That was seconded and passed on a voice vote.  TMM Baudoin understands term “complete stenographic record”, but what does “complete record” actually mean.  Doug Heim, Town Counsel responded that the current bylaw requires a licensed stenographer be present, prepare a draft copy, and after reviewing comments, issue a final copy.  The proposed amendment would allow for automatic transcription or some other technology to be employed.  TMM Greenspon passed.

TMM Rosenthal asked what the town loses if the motion passes.  We would not only lose the stenographer, but the only requirement for a record of town meeting.  Creating a record shouldn't be left to the goodwill of volunteers.  We need a record of our deliberations.  Without that, there could incorrect interpretations of what has been passed.  The proposed cost savings are not enough to matter.  The stenographer has only been absent three times in three years.  There are problems with a paper record, but computers have issues too.  Digital records don’t last.  Data storage devices and file formats change all the time.  Companies protect their formats against soft ware changes.  The Moderator interrupted to ask the speaker to move past his long windup, and get to the point.  TMM Rosenthal continued that big companies can go under too.  He proposed requiring a method for the Clerk to incorporate was ruled out of scope.  The substitute motion doesn’t call for digital storage, just a method for creating a record.  TMM Foskett raised a Point of Order, asking whether this should be considered in scope.  The Moderator said, " I disagree."  TMM Rosenthal urged a vote against the main motion; we should wait until this can be discussed by technologists.  TMM Moore (C) felt tangled up here. Whether the record is "stenographic" or "complete", doesn’t address how the Clerk performs her duties.  A stenographic record might be stored digitally.  Rats might be eating paper copies.  If we want to address how the Clerk does her job, draft an article for next year.  Vote yes on this article.  TMM Tosti moved to terminate.  That was seconded and passed on a voice vote.  The substitute motion passed 204-12, and the main motion as substituted passed 184-40.  There was a question about why the speaker queue was filling right before the vote, but it was just people voting before voting was opened.  There was a delay because the support staff were diligently waiting on the Moderator to open voting.

Article 24 was introduced by Mr. Helmuth.  It is the annual endorsement of federal funding through the Community Development Block Grant (CDBG) program.  Mr. Pooler referred the Meeting to the report.  This year, the amount of money received will be $1.06M.  Applications for funding were reviewed, ranked, and are presented as a recommendation.  There are four categories: housing, public facilities and improvements, public services, and administration.  This supports many positions and initiatives within the Department of Planning and Community Development (DPCD).  He requested endorsement of the endorsement.  TMM Elliott urged support of the article.  She called attention to the fact that nearly one-third of the funds were going to repair the Houser Building, which is under the authority of the Arlington Housing Authority (AHA).  These are important upgrades, but they are supposed to be funded by the State.  The State is not meeting its obligations to our low income residents.  The state budget is set by Governor, the level funding is proposed this year, which is about half  of what would be adequate funding.  She urged support for the article, but the town could be doing more if the Commonwealth made good on its obligations.  Please call you representatives and senators.  TMM Moore (C) passed.  TMM Jalkut moved to terminate debate.  That was seconded and passed on a voice vote.  The endorsement passed 218-0.  We were released for a ten minute break.

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After break, Article 25 was introduced by Mr. Helmuth.  He in turn introduced Alex Magee, our new Deputy Town Manager.  Mr. Magee explained that revolving funds are accounts to support operations and require annual re-authorization.  They are designed to accept fees and dispense them.  He would be happy to take questions.  TMM Loreti noted that the white goods recycling account has a balance of $8K.  Why is it taking in so much more than it is expending?  Mr. Pooler noted the fees are set to meet differing policies under state law.  TMM Loreti said that fees are supposed to match costs.  Increasing the costs pushes recycling to other trash streams.  We want to make sure white goods are processed properly.  The high cost of disposal led him to fix a broken television rather than discarding it.  TMM Benson passed.  TMM Kaepplein was concerned about cleaning fees for un-rented spaces.  Mr. Pooler asked if he could clarify his question.  TMM Kaepplein noted that rental spaces have associated cleaning fees.  Are those long-term contracted?  They should apply whether a facility is rented or not.  Mr. Pooler was not sure which revolving fund was in question.  The Town does rent spaces and cleaners are paid on overtime.  TMM Kaepplein said during COVID, there should not be cleaning fees.  Mr. Pooler was interrupted by the Moderator because this was outside the scope of revolving funds.  TMM Foskett asked how the ambulance fund was doing against prior years?   Mr. Magee said that there was a change in how life support services are funded, and the town now collects more revenues from basic life services, so revenues for ambulance services are lower.  To a question about the 53g fund, Town Counsel explained that this line item was redundant.  There was a change in how the town administers Section 53g funds.  Historically, such funds went into a revolving fund.  They do not need to be handled that way, so the fund was closed.  TMM Schlichtman moved to terminate debate.  That was seconded and passed on a voice vote.  The main motion passed 207-1.

This brought us up to the Zoning Articles.  Article 26 was introduced by Rachel Zsembery, Chair of the Arlington Redevelopment Board (ARB).  It addressed a deficiency in the Industrial District Development Standards added by a 2021 article.  That article allowed more building height in exchange for for higher stormwater management standards, which was vague and ambiguous.  The ARB worked with the Town Engineer and Conservation Agent to set actual standards.  This article provides clarity without changing the intended effect.  TMM Drey passed.  TMM Schwartz did not respond.  There were no other speakers, so we moved straight to the vote, which passed 203-3.

Article 27 was introduced by Ms. Zsembery.  This was brought forward to address compliance differences between two sections of the Zoning Bylaw.  The solar standards and industrial district standards are not aligned.  This article aligns those sections without changing the intent.  TMM Miller passed.  TMM Ferola passed.  There were no other speakers, so we moved straight to the vote, which passed 207-2.

Article 28 was introduced  by Ms. Zsembery.  At the 2020 Annual Town Meeting, there was an article which required the Building Inspector to hold off issuing a building permit until the applicant had complied with a town bylaw, the Good Neighbor agreement.  At the time, the ARB had recommended no action, as this would put a local bylaw ahead of a state law.  Town meeting passed a substitute motion to include the requirement anyway.  The Attorney General ruled that the local bylaw is unenforceable. The ARB now seeks to remove that unenforceable provision. (I admired the restraint to not just say "We told you so.")  TMM Gruber passed.  TMM DiTullio passed.  There were no other speakers, so we moved straight to the vote, which passed 203-1.

Article 29 was introduced by Ms. Zsembery.  This article was prepared by a town resident, and would change the required minimum parking count for the Downtown Business district.  TMM Baudoin introduced James Flemming, a town resident, to present his article.  The town zoning bylaw requires a minimum amount of parking based on use and floor area.  This article would remove the current parking minimum in Arlington Center, which is the Downtown Business (B5) district.  The current rule requires almost equal area between interior space and parking area in order to comply.  Most businesses don’t have any parking now.  Meters help  lower demand for parking.  How is it possible they don't have parking now?  The parking requirement can be reduced by Environmental Design Review (EDR) a special permit process administered by the ARB.  Under this article, anyone seeking to develop space in the B5 district could do so without EDR for parking.  This will be more efficient.  TMM Kenney passed.  TMM Rudick noted he has commercial real estate experience.  A big part of borrowing money for a development project is a parking study to determine what is economically possible.  No lender is going to endorse a project that has too little parking to succeed.  Don't be worried about there being too little parking.  TMM Granucci moved to terminate debate.  That was seconded and the Moderator declared it on a voice vote.  Five members rose, so we moved to voting by handset.  That vote failed 125-80, so debate continued.


TMM Greenspon rose in support.  He worked in Somerville in Union Square.  Banks know how much parking is needed.  A project won’t get financing if the parking isn’t available.  He walks to the center all the time and knows all the vacant storefronts.  Anything we can do to reduce that number is helpful.  TMM Gibson passed.  TMM Trembly noted that the proponent included municipal parking lots in their reasoning for not needing additional parking.  He wanted to know how many of those spaces are currently leased and not available.  Mr. Pooler agreed that some of the spaces are leased via the Select Board.  TMM Trembly asked if he know how many spaces were leased.  Mr. Pooler did not know, but he thought they were mostly adjacent to Arlington Catholic, so just a fraction of the total spaces.  There could be some in the Railroad Lot, but he did not know.  TMMs Heigham, Tosti, and Thornton all passed.  TMM Preston said banks shouldn’t make these decisions for us.  Senior residents shop in the Center, but don’t ride bicycles there.  They need parking near stores.  This is really a social policy.  TMM Pretzer rose in support.  It is not a big change.  There is no parking now, and no one is likely to create new parking.  Shared parking is more efficient and supports local businesses by removing barriers to development.  TMM Hamlin moved to terminate debate.  That was seconded and declared terminated on a voice vote.  Five members rose to request a handset vote.  The Moderator reminded us to "vote 1 for yes, 2 for no, and 3 for chaos."  The motion to terminate debate passed 167-44.  The vote on the main motion passed 177-29.

Article 30 was introduced by Ms. Zsembery.  This article would remove the Usable Open Space requirement for single- and two-family dwellings.  This is proposed, because the proponent and ARB believe there are sufficient overlapping requirements to limit development.  TMM Baudoin introduced James Flemming, a resident of the town to introduce his article.  Mr. Fleming noted this would be a long presentation, so we should settle in.  (The Moderator admonished us, "don’t get too comfortable.")  Usable Open Space is land area set aside for the enjoyable use of yard space.  Removing the requirement for Usable Open Space allows residents to decide how to use their land.   They could build an addition or add parking areas.  TMM Evans noted that the current bylaw requires 30% of the Gross Floor Area (GFA) of the house be set aside as Usable Open Space.  No opinion has been submitted by the ZBA.  This regulation is guardrail against over-development.  Other towns have much larger yards.  This just requires an applicant to file for a special permit.  Rather than eliminate the requirement, we could make it a percentage of the lot area, but that is not in scope for this article.  We should make it better to conform to current practice.  TMM Garber was concerned about a property in  her district where someone is requesting to locate a parking lot in their back yard.  Does current bylaw really act as sufficient guardrail?  Mike Ciampa, the Inspector of Buildings noted that the bylaw only allows a 20’ maximum width for a driveway.  If a permit is requesting to increase the impervious area by 350 square feet or more, they require Engineering Division stormwater review.  They still could not pave their rear yard.  TMM Anderson thought the proposed article could incentivize the conversion of business uses on small lots to two-unit luxury residential condos.  She presented a list of possibly subject properties.  Businesses exist because we make space for them.  Arlington needs more businesses.  She encouraged a vote against the article.  TMM Weinstein passed.

TMM Kepka introduced Tanya Hewes, a resident of the town.  She lives down the street from where a developer proposes to pave the rear yard.  They are waiting to see what Town Meeting does to decide if they will continue to try and pave rear yard.  If this passes, residents could loose their right to comment on projects like this.  Many lots could be subject to this.  There would be no green space, just parking lots.  Sufficient parking exists in existing driveways.  The current bylaw doesn't impact too many improvements.  Don’t eliminate the requirement.  This should continue to be considered on a case-by-case basis.  Mr. Ciampa is very familiar with the property.  The applicant is seeking a variance for open space open space and a special permit for exceeding the 20 foot maximum driveway width.  TMM Litowski noted that we all value the idea of open space.  However, Usable Open Space doesn’t appear to do that.  Someone could convert their attic to living space, and now they are nonconforming.  This just adds expense to an already expensive process.  It adds complications and stress.  She urged a vote against.  TMM Susse spoke to the unfairness of the existing bylaw.  It matters whether you have it or not.  Does this hurt small businesses on Broadway?  TMM Benson, a member of the ARB noted that the proposal only applies to single and two family districts.  TMM Evans asked for a clarification that this applies to single- and two-family use, not district.  [Ms. Zsembery confirmed that Usable Open Space relates to the single- and two-family used, which can occur in residential and business districts.]  TMM Holman rose to speak in opposition.  He had a  few comments.  We are referring to what homeowners want to do, but realistically, this is about  what developers want to do.  In his presentation, Mr. Flemming had noted that adding space can make it nonconforming.  It is a limitation on how much you can add. (The Moderator warned against reading into the intentions of others.)   TMM Holman was just addressing points raised by proponent. TMM Wagner noted that we are 250 people making a radical change affecting 44K people.  This will impact so many residents.  We should address problems.  Someone can go get a variance.  We should remember that the Master Plan talks about proper size of building on a lot.  Members of the Zoning Boar of Appeals (ZBA) said this is a bad idea.  TMM Klein, Chair of the ZBA told the Meeting that the applicant had appeared before the Board to discuss his proposal.  This was done at the recommendation of the ARB to solicit additional feedback on the proposal.  The Board discussed this, and individual members had individual opinions, but the Board took no formal position on this article.  TMM Baron passed.  There was a motion to adjourn, which was seconded. There were no notices of reconsideration.  We adjourned on a voice vote.

Wednesday, May 3, 2023

2023 Annual Town Meeting - Night Three

The Moderator started the evening with an apology. At the end of the previous meeting, he had intended to tell the members that tonight's session would be for the discussion of the Town Budget and the Capital Budget, but that announcement was not made. So surprise ... tonight is all about budgets.  Given the limited announcement, the usual 24 hour rule related to submitting amendments and motions is being waived.

We were reminded that Town Meeting is intended to be a participation sport.  All members are encouraged to participate in the debate.  If you are sometimes wondering why no one is terminating debate, no one put their name in early enough.  Plan accordingly.  You can always pass if the conversation is still progressing well.

Rieko Tanaka played the Star Spangled Banner, at a good clip.  Mr. Helmuth made the motion that should all the business before the Town Meeting is not concluded this evening, we are continued to Wednesday.  That was seconded and approved.  We were reminded that May 3 will start with the Special Town Meeting with three articles.

The Moderator opened the meeting to announcements and resolutions.  Mr. Helmuth noted that not all heroes wear capes.  The Select Board voted earlier this evening to recognize Ann LeRoyer for her numerous contributions to this town. She has served on the Open Space Committee since 1999, mostly as Chair, as well as many other Town Boards and Commissions. They declared May 1, 2023 as "Ann LeRoyer Day", at least for the next few hours.  Ms. LeRoyer accepted her recognition noting, "so embarrassing, thank you."She noted that so many people have done so much for so long, and she offered her thanks to them.  "We all love Arlington."  They deserve it as much as I do

Mr. Pooler, Town Manager announced that tomorrow night is forum on artificial turf cosponsored by the Conservation Commission and the Park & Recreation Commission.  It will be informative and related to Article 12. It will be in the Town Hall Auditorium at 7:00pm and later on ACMi. There will not be a Zoom option.

TMM Baudoir has concerns about having safe streets along the Broadway corridor.  These streets ave many transit modes and many businesses.  He has started to identify some concerns and some actions to improve safety.  He would like to see a safe and prosperous Broadway corridor that aligns with the Sustainable Transit Plan.  If you would like to assist, please take the Broadway Neighbor's Coalition flyer at the back.

TMM Chhabra welcomed students from Nagaokakyo, our sister city in Japan.  This program started in the 70’s, with the first student exchange in 2005.  The Mayor of Nagaokakyo will come next year in celebration of 20 years of exchanges.  Leaders from our town will also be traveling to Japan.  The program was started by Dick Smith, and was suspended for 3 years due to COVID.  This year, the students are here for 10 days.  They went to a Red Sox game this past weekend.  The meeting members thanked the students for being here. TMM Chhabra read a letter from the Mayor of Nagaokakyo, which was graciously received by the Town Manager.

TMM Fuller announced the Arlington Education Foundation 5K to be held on May 21.  There are spaces for 200 runners, and it will sell out.  Please support.  The meeting was closed to announcements and resolutions.

The test vote question for the night was, "Do you enjoy discussing budgets?"  The vote passed 122-71, which is a good thing, since that is the plan for tonight.

The Moderator called for reports, then was reminded to take Article 3 off the table.  This was motioned by TMM Deshler, seconded, and approved on a voice vote.  TMM Varoglu submitted the report of the Remote Participation Study Committee.  They were formed by Town Meeting in 2021 and tasked with trying to improve access to public meetings.  The initial executive order which allowed remote meetings was to expire in '21 and '23, and has now been extended to '25.  There continues to be interest in meeting remotely.  The committee explored hybrid formats  and assisted public bodies by providing contingency assistance.  A pilot program with technology available in several locations was rolled out in conjunction with the town.  Eleven public bodies expressed interest, and 8 participated.  In the end, it appeared to work better for working groups without public comment.  The ARB and ZBA passed on going hybrid due to logistical challenges.  One opted to return to be fully in-person, and the other remained fully remote.  While successful, hybrid meetings are challenging. The town now has several rooms to support hybrid meetings.TMM Varoglu hoped that his committee's work will help the town.  The committee will dissolve at the end of Town Meeting.  He thanked the members of the committee and all the respondents and participants.  The report was accepted on a voice vote.

TMM Thielman submitted the report of the AHS Building Committee.  He thanked everyone for supporting the funding.  The project will support 1,755 student when complete.  The project remains on budget.  There are 4 phases to the project.  The first is complete.  The second is underway (Humanities Wing), and will be done this fall.  The administration area will be delivered in December.  This phase includes 44 classrooms and over 1,000 student lockers, the library, a learning courtyard, and the preschool.  Phase 3 will include the gym, black box theater, and the outdoor amphitheater.  Phase 4 includes the remainder of the exterior work.  There has been a great deal of public engagement.  There will be a new round of tours after Phase 2 is complete.  TMM Thielman thanked the members of the committee and others.  He offered a remembrance of Brian Rehrig.  The report was accepted voice vote

TMM Allison-Ampe, Chair of the School Committee submitted the Report of the Arlington Public Schools, which was accepted on a voice vote.  The presentation was held until the discussion of the budget.

TMM Deshler moved that recommended votes contained in the reports be before the meeting, which was seconded and approved on a voice vote.  She then moved that Article 3 be put back on the table, which was seconded and approved on a voice vote.

In order to begin the discussion on the Town Budgets contained in Article 37, TMM Deshler moved to table Articles 9, 12, and 24-36.  This was seconded and approved on a voice vote.  TMM Deshler noted one clarification in the rink budget. Transfer funds are retained earnings.  Ms. Wayman , the Budget Director addressed salary increases in the report.  They come from contract settlements, position reclassification, changes in staff, and changes in hours.  Timing of contract settlements make the numbers look far larger than they are.  AFSME settled its contract which included adjustments to prior years.  Those all appear at once, inflating the increase.  SEIU salary increases are included in Article. 36 on Collective Bargaining, so next year, we will see jump in those salaries.

The Moderator said we would proceed as we usually do on the budgets.  He will list the budgets, and members will need to rise and request an individual budget be held.  Some have already been held at the request of various members.  Amendments will be voted budget-by-budget, but the main motion will vote for all budgets.  Members may move to terminate debate for individual budgets. He apologized for a boring slide with the budget list.  Next year, he offered to make a word cloud by value (Schools would be huge, and everything else small.)  The following Articles were held: 3, 10, 14, 17, 18, 19, 20, 21, 22, 24, 25, 27, and Fund A.

First up was the Town Manager Budget (#3).  Mr. Pooler declared that he was "excited to talk about budgets."  He didn't understand the 71 members who voted against the test vote.  He volunteered to ask any questions on the budgets.  In particular, he noted that the Manager's budget included an extra month until his contract expires at end of July.  TMM Friedman noted that there was a new position for one year paid using ARPA funds.  The Manager noted the position will disappear when the funds disappear.  The position would need to be reauthorized next year.

Next was the Legal Budget (10).  TMM Kaepplein asked what legal liabilities the town has, including workman's compensation and lawsuits over bad building inspections.  Mr. Heim, Town Counsel sait there were no notices of claims on bad inspections.  In general, the law is generous to towns.  He introduced Mr. Cunningham, Deputy Counsel explained that workers compensation is under the Insurance Budget, not the Legal Budget.  H confirmed that there claims, of which the town pays 60% per State Law.  That works out to about $6,600 per week.

This was followed by the Department of Planning and Community Development (DPCD) Budget (#14).  TMM Loreti noted that  the line for personnel services was significantly lower in the past.  (2.5x lower corrected for inflation)  Mr. Pooler justified the increased DPCD budget noting that the department provides essential services requested for by residents.  They are the primary department on the topics of zoning, transportation, economic development, conservation, and energy conservation; an enormous scope.  The department also serves many boards and committees.  This year, the salary increases were less than 2.5%, which is not out of proportion.  TMM Loreti said the needs haven't changed, but the department got by on a lower budget in the past.  These increases are not sustainable, and is one of the reasons for frequent overrides.  For comparison, the Assessing Department's budget is 20% less.  He will vote against the budgets, because we need to reign in the town budgets.  TMM LaCourt noted that many positions that were covered by Community Development Block Grant (CDBG) funding in the past are now paid by general taxation instead.  They didn't used to be listed in the DPCD budget.  There are new positions on sustainability and energy conservation.  Mr. Pooler confirmed that positions listed under the CDBG budget are now listed here.  That didn’t happen before the last few years.   The energy position is shared with schools and helps with grants.  We get great return from the environmental planner and the economic development staff.  Ms. Ricker, Director of DPCD wouldn't qualify it as a good budget or a bad budget.  This is her first year in Arlington.  In the time she has been here, they have brought in more than this amount in grants.  They bring value to the town to support what we do.  The CDBG funding is an offset.  Arlington is a very involved and knowledgeable community that requires a smart and dedicated staff.

TMM Auster asked how much the town receives in grants?  Ms. Ricker said she doesn't have the figures on hand, but since she got here, they have received over $300k in transportation funds,  $1M for pathways, and additional grants for Electrify Arlington.  TMM Auster concluded the department is a grant powerhouse.  Funding is still coming for the Appleton and Mass Ave intersection project.  Mr. Pooler referred members to page 102 of  the town's Financial Plan on town website includes a list of grants.  TMM Schlichtman referred to the DPCD as a high value department.  The safety improvements on Chestnut Street for which the construction is underway.  The Senior Transportation Planner helped make that happen.  Is that position still vacant?  Ms. Ricker noted that as of last week, it has been filled by John Alesi.  The department will make a formal announcement next week after he is settled into the position.  TMM Wagner said there is a way to do more and save more.  The department is increasingly reliant on expensive studies.  These are things that the staff can do themselves.  He asks the director to perform more work in-house.  He is in support of this budget.

TMM Mandal thanks the DPCD for their work in the Chestnut Manor area.  It is good to hear about the recent hire.  It is important to the town that we be inviting to new businesses.  She asked what th department is doing?  TMM Ricker noted that they had made a hire for Economic Development, but the person left right away.  That said, they were very successful in their short tenure.  Ms. Ricker said the department will work diligently on this question, as the issue is first and foremost in her mind.  She is working with the Chamber of Commerce, and will be reviewing candidates to fill the position.  TMM Mandal asked what kinds of businesses are being considered?  Will there be support for women and minority owned businesses (WME)?  Ms. Ricker said that everything is on the table.  They are working to identify key development sites, master-planning several business centers, considering improvements to zoning to facilitate development, and put processes in place to encourage WME's to locate here.  The Boston Women’s Market does a pop-up market in town.  We have lost a few businesses, but there are still great opportunities.  We have many smaller spaces which don't need the capital of an established business to be successful/  TMM Mandal hopes the town will continue to encourage diversity.  TMM Jalkut moved to terminate debate, which was seconded and approved on a voice vote.

The next budget was Public Works (#17)  TMM Friedman noted the large percentage increases in salaries, and thanked the Budget Director for explaining the reason earlier in the meeting.  She noted that "unless other people have questions", but she was cut-off by the Moderator who volunteered to take care of that possibility.  TMM Worden noted that leaf collection last fall was delayed and bags were often in street for a very long time.  The vendor didn't collect the bags promptly, and they need to be more responsive.  Mr. Rademacher, the Director of the Department of Public Works (DPW) responded that last fall was the first for a new vendor, and it was a learning experience.  It is hard to predict the amount of yard waste to be produced in a given week, and many times, the truck got filled too quickly. Th vendor does the best they can, but their emphasis is on trash and recycling pick-up.  TMM Worden also commented on the condition of the sidewalks on Jason Street.  He noted ten spots where a person could trip, fall, or disappear into hole.  He asked what could be done to get these addressed.  Mr. Rademacher admitted sidewalk maintenance is a challenge. The DPW does the best it can with the funds available.  They need to prioritize repairs by location and usage.  It will take a long time to make a significant improvement.  TMM Worden asked when they would get to Jason Street.  Mr. Rademacher don’t know.

TMM Stamps represents East Arlington.  She noted that the recently renovated Broadway Plaza is beautiful, but it is a heat island.  Residents avoid it due to the heat.  Other communities have shade structures which were suggested during the planning process.  Does the DPW have any plans for adding shade structures?  Mr. Rademacher said "no," there isn't funding for such a structure.  TMM Stamps encouraged the town to apply for a grant, maybe through the DPCD.  TMM Newton moved to terminate debate, which was seconded and approved on a voice vote.


The next budget was Facilities (#18)  TMM Thornton had worked on the Maintenance Committee, and in 2015, the town formed a new Facilities Department.  It started from nothing, gathering data from around town to plan for capital expenses.  At that time, the value of Arlington's buildings was $300M of which the high school was $78M).  The expectation was that progress reports would be provided to the town.  Instead, despite five different department heads, there has been no report.  Will the Town Manager’s office be able to provide a report?  The requested budget is focused on custodial services which is important in the short term, but the budget appears to be missing longer term funding.  Mr. Pooler thanked TMM [Thornton] for her key contributions in the establishment of the department.  The town does provide an annual facilities report in the annual Town Report.  There are also details in the Financial Report on the Town Website, which includes goals and objectives.   The Facilities Director meets regularly with the Capital Planning Committee.  Most of the additions have been in preventive maintenance.  They will be hiring consultants to review and plan for buildings.  Mr. Behrent, the Director of Facilities explained that they are conducting condition assessments to predict where the town will need additional focus.  That database is complete and being utilized.  The Moderator noted the speaker queue was empty, and since it was 9:29, we took out break.

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Returning to the meeting, the next budget was Police Services (#19).  TMM Mansfield thought the social work line looked low.  (TMM Friedman asked to pass.)  It was explained that the salary for that social worker is split between the police budget and the health department.  TMM Jamieson asked what the police detail fulfillment rate was?  Chief Flaherty said that depends on time of year, the weather conditions, and whether the asphalt plants are open.  In general, the rate is 80-100%.  They still need to go to other towns in winter for additional positions; not as much in summer. TMM Jamieson noted that if we want to support new growth, we want to make sure that developers can get a detail when requested.  He asked about the  number of fire arm licenses.  Chief Flaherty reported 229 new and renewed licenses with a total of around 1,300 licensed gun owners.  TMM Jamieson asked after the risk quotient?   Chief Flaherty said they were class A licenses

TMM Carlton-Gysan wanted to follow-up on the social worker.  Does that person address homelessness and plan for mental distress?  Chief Flaherty noted that there are two social workers.  One is embedded in the department and the other is shared with the Health and Human Services (HHS) department.  The embedded counselor works with substance abuse and family support.  TMM Carlton-Gysan asked if that was sufficient?  Chief Flaherty noted that person is stretched, and she is trying to get second counselor.  The current counselor only works days.  TMM Carlton-Gysan sought an update on body cameras?  Chief Flaherty said they are not employed yet, as they are still in negotiation.  She hoped it would be resolved soon.  TMM Carlton-Gysan asked why it was taking so long?  Mr. Pooler noted the town was in arbitration with patrolman's union, and until that was complete, everything is in limbo.  TMM Miller passed.  TMM Wagner moved to terminate debate, which was seconded and passed on a voice vote.

The next budget was for Fire Services (#20).  TMM Ballin passed, and there were no other speakers.

This brought up Inspections (#21).  TMM Kaepplein presented an amendment to both the Inspections and the Health and Human Services budgets.  The Moderator explained that both budgets would now need to be discussed together to maintain a balanced budget.  TMM Kaepplein  introduced his amendment.  It would be a start to cut back on spending and hopefully delay the need for an override which hurts diversity due to the high cost of living in town.  He proposed to eliminate the Diversity, Equity & Inclusion (DEI) Director position and transfer the savings to Inspections.  He said that department is still recovering from difficult conditions under the past director.  Mr. Kaepplein said we’re a town with city spending habits.  Without a split tax rate, we should act more like a town.  Our more homogeneous population is not well reflected in our employees, so the need is less urgent here. He noted that the rules to transfer funds are strict. It is up to the department heads to decide how to reallocate funds budgeted to their departments.  The Moderator explained that Town Meeting can only adjust top level number in each budget.  Town Meeting cannot make a fine-grained change in a budget.  That is up to the individual department heads.  TMM Kaepplein said the department heads know their contracts.  His motion would remove $184,624 from HHS and add $95,962 to ISD.  The remainder would come off the overall budget.  The Moderator reiterated that we are discussing these two budgets together.  We will then vote on the amendment.

Mr. Pooler urges vote against the motion.  He felt that a reading of the comments was indicative of the proponent's intentions.  "DEI is just one of those services."  "We have survived 400 years without them."  "There are too few male teachers for our young children."  Arlington has one of the first DEI Directors, hired before George Floyd was killed.  She has helped other towns, and it is his honor and pleasure to work with her.  Inspections doesn’t need the funds.  He is sure we will vote against it.  TMM Deshler said it is true that the Finance Committee doesn’t micromanage department budgets and neither can Town Meeting.  She added that it was presented that Finance Committee vote on the proposed HHS budget (including DEI) received the most “no” votes, but same number of members voted against field maintenance.  She supports the original budgets.  TMM Prokosch passed.  TMM Newton moved to terminate debate, which was seconded.  The voice vote was inconclusive, so we used the handsets. (We are running long tonight) The motion passed 146-54, and debate was terminated.  The vote on the Kaepplein amendment was 8-199 against, and it failed.

This brought up the Education budget.  TMM Allison-Ampe, Chair of the School Committee requested 10 minutes for the presentation, which was granted.  She noted that the prior Moderator didn't like written letters to be read, so we could read her letter in the report.  She introduced Dr. Homan, Superintendent of Schools.  Dr. Homan said it was her pleasure to be our proud superintendent.  She thanked students for the art on the report cover.  She thanked everyone for their support.  She presented the strategic plan with priorities and new vision and mission statements.  Enrollment is following track, despite the COVID dip.  Chapter 70 funding from the state is increasing.  The largest funding source is town appropriation.  Educators are the biggest spend.  There is a 3.57% increase in revenue from all sources, and a 14% increase in out-of district placements.  They have worked to identify efficiencies (cuts) including reductions to paraprofessionals and instructional coaches.  She thanked us for our support with 5 seconds to spare.  TMM Waxman passed.  TMM Ferola passed.  TMM Friedman asked whether some numbers in the Finance Committee report were transposed?   Mr. Mason, Assistant Superintendent for Finance and Operations said that was indeed true.  Two lines under FY 23 were transposed, but FY 24 was correct.  TMM Maher asked how we are doing with salary averages.  In the past, we have lagged behind other towns.  Are there plans to catch them up?  Dr. Homan noted the department is increasing salaries, but we are still lagging behind.  She is aiming for the 60th percentile to help with recruitment and retention.  TMM Tosti passed.  TMM Slotnick passed.  TMM Hickman passed.  TMM Moore (C) moved to terminate debate, which was seconded, and approved on a voice vote.

Moving on the Retirement (#25).  TMM Jamieson asked why don’t we get a report on $50M in spending for  retirements.  There is now a page on the OPEB fund, but further progress is still needed.  There were no other speakers.

No one chose to speak regarding the Reserve fund.

The last held budget was the Water and Sewer Enterprise Fund (A)  TMM Jamieson noted a large portion of water bill used to be included in our taxes.  That has now been moved into the water rates.  What used to be artificially cheap is now full price.  Mr. Rademacher said it was too soon to see how consumption to be impacted by this change.  It will still be a few years.  TMM Jamieson noted that conservation would lead to savings relative to other towns.  Mr. Rademacher said selling less water brings in less revenue while we have the same costs.  Rates sometimes need to be raised to offset the reduction.  TMM Elliott passed.  TMM Kaepplein reiterated that conservation leads to higher rates.  It is a crap shoot when infrastructure costs dominate.  That is your reward for saving.  There were no other speakers.

This brought up the main motion and vote on Article 37, Town Budgets.  The article passed 200-8.

Next up was Article 38, the Capital Budget.  TMM Yontar spoke on behalf of the Capital Planning Committee.  He noted the plan is the result of a group effort.  He gave thanks to the committee and town staff.  The recommended vote is in the report. The full five-year capital plan is also included in the report, but Town Meeting is only voting on next year's budget. It includes $3.7M in new bonds and $19.2M in debt service, which is the principal and interest on past bonds.  The total request of $9.5M is no more than 5% of town budget which is the annual target to protect the town's bond rating.  He encouraged us to please vote "yes."

The Moderator noted there is an amendment by TMM Garber to reduce the amount being requested in Section 2 by $15K and encourage the Town Manager to apply that reduction against the $15K request from the Police Department for "Bolo Wraps".  TMM Garber stated that she didn't think the purchase was taken lightly, but it was not fully discussed with residents.  The device would be used to ensnare people, but it will be detrimental, and it needs further discussion. Individual members of the Human Rights Commission oppose it.  It was previously mentioned no one wants this tool; they want more counselors.  The Moderator asked whether the Town Manager of Chief of Police could address this question.  Mr. Pooler noted that the budget is just the bottom line.  The town could still purchase this device if it wanted to.  He would defer to the Chief of Police.  TMM Yontar explained when this item was raised as an option by Chief  Flaherty, the committee encouraged moving it up in the budgeting cycle.  There is a continuum of deescalation, and this is a good step.  Chief Flaherty started to speak, but TMM Stamps had a Point of Order.  She asked for an explanation of the device.  Chief Flaherty described the bolo wrap as a device to be used to help restrain a non-compliant person.  It is aimed at the feet or legs, and cords shoot out to ensnare the person.  The Arlington Police Department (APD) does not employ the Taser.  The Bolo Wrap is safer than a bean bag gun and safer than a baton.  It does not inflict pain.  TMM Ford-Weems passed.  TMM Henkin has been researching the Bolo Wrap.  It has hooks which can cut through clothes.  A person could require stitches, could be strangled, or could loose an eye.  A person could sustain an injury if they fall. This is not painless.  She understands the need to bridge the gap, but this device is not appropriate for Arlington.  It is a  dehumanizing tool, often used against the deaf, because they cannot respond to verbal commands they cannot hear.  She is glad the Police are trying to address issue, but new tools are not the way.  TMM Culverhouse has worked with children with developmental delays and adults with substance abuse issues.  This will not help deescalate people in a crisis.  It will increase their fear.  What is needed is to have a person trained counselor connect with them to talk them down.  A lasso fired by a person in a uniform could cause them to freak out.  This might be OK for animals, but not for people

TMM McKinnon asked if there were any questions about what it looks like.  It is supposed to attach to clothing and wrap around the body.  The discharge is very loud.  It is only to be used below the  elbows.  It is as loud as a gunshot.  This is not the deescalation she would like to see in town.  This is not how we want to meet scared and confused people. The same money could go towards training or other ways to keep the public safe.  She is worried about people in short sleeves and short pants.  People in motion are not well constrained by this device.  The LAPD used them 9 times, 8 of which failed.  We can do better.  

TMM Jamieson noted that if read the report correctly, the full cost of AHS on on the tax rate.  Is that correct?  Mr. Pooler noted there is still more borrowing to come - approximately $12M.  TMM Jamieson asked why there are  capital expenses on recently improved buildings.  TMM Yontar explained that the Park Circle Station renovation was more than 10 years ago. The cooling tower was not replaced in the previous project. TMM Jamieson asked about the Central School exterior work.  TMM Yontar noted that work to the envelope, air handler, and elevator were not in the earlier project scope.  TMM Jamieson asked if the DPW was expecting increased longevity of their trucks due to wash bays being included in the new DPW yard.  TMM Yontar said they were looking towards savings.  TMM Jamieson asked about the Bishop School roof replacement.  TMM Yontar noted that Bishop was one of the first elementary schools to be renovated, and its roof is now 20 years old.

TMM Pretzer asked for a vote in favor of the amendment.  The Bolo Wrap is not the right way to build public trust.  People are reluctant to call police in case of escalation.  These devices tend to escalate.  The manufacturer agrees that it can be dangerous if used on a moving target.  The Town needs unarmed responders.  TMM Newton asked whether section 2 of the recommended vote were just suggestions? Mr. Pooler said they were "good ideas", and he would direct towards those spending goals, but sometimes he needs some flexibility.  Mr. Heim, Town Counsel agreed.  Town Meeting does not get to choose how the money is spent.  TMM Newton asked how much training would be provided.  Chief Flaherty said there would be four hours of training annually.  TMM Newton said those funds could be better spent.

TMM LaCourt (at 11:02) asked in section 4 which grants are supporting which purchases.  TMM Yontar very quickly ran down the list.  TMM LaCourt thanked him and was impressed by the quickness of the response.  TMM Wagner moved to terminate debate, which was seconded and passed on a voice vote.  The Garber amendment passed 107-85.  The main motion as amended passed 204-7.

Notices of reconsideration were given on Articles 37 and 38.  There was a motion to adjourn, which was seconded and passed on a voice vote.