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.

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