Welcome to Night Six - Let’s get ready to rum-ble! Tonight is all about artificial turf and usable open space, two topics which have already proven to be volatile.
The Moderator called the meeting to order. Before delivering his opening remarks, he had to ask the members a few times to "settle down." He reminded the members that when / if we get to Article 31, he will recuse himself, and his assistant, TMM Auster will serve as moderator. The Moderator announced that on May 15, we would start with Article 36, so the advocates could be present. He asked that no more handouts be left on seats. Finally, he discussed the institution of Town Meeting. Passion is like rocket fuel, it makes things move. The meeting needs cogent active deliberation. If the discussion is not disciplined, like a rocket, we can explode. The role of the moderator is to try and keep the flames in check, to ... moderate. He needs the cooperation of the members to make it happen. He promised to come up with a better metaphor next time.
For the singing of the National Anthem, the Moderator introduced AHS Freshman Charlie Martin. She is a member of the AHS Concert Choir, Bella Voce, and the Drama Guild. She was phenomenal.
Mr. Helmuth, Chair of the Select Board moved that if the business of the meeting was not concluded this evening, the meeting would continue to Monday, May 15. The motion was seconded and passed on a voice vote. For this evening's test vote, we had the following question: Is it true that the square of the hypotenuse of a right triangle is equal to the sum of the squares of the other two sides in a euclidean flat plane? The meeting decided the statement was true by a vote of 125-26. (I am not sure how much further the "four corners" statement for a couple of meetings ago.)
The Moderator called for announcements and resolutions. Mr. Pooler, the Town Manager announced that on Thursday 5/18, the Town is hosting a "Rodent Forum" to be led by the Health Department. (He clarified the session was "about, not for" the rodents.) It will address how to control rodents without using dangerous pesticides or rodenticides. The forum is at 5:30pm in the Town Hall Auditorium. TMM Worden reminded the meeting that we passed a home rule to remove legal notices from having to be filed with a "local paper of general circulation." He placed a call to the "Advocate and Star" to ask what there response was to this change, which would greatly impact their income from legal notices. He reported that the paper was not distressed. They took his contact information, but they could not promise a return call. "When the phone didn’t ring, I knew it was him." TMM Moore (S) from the town's Tree Committee announced the town's Adopt-a-Tree program. They are seeking volunteers to water new town trees around town. This would also include trees planted within the previous two years. All you need to do is put water in the green bag around the tree's trunk once a week. Please volunteer at arlingtontrees.org. Please help if you can.
The Moderator called for reports of committees, but there were no volunteers. Article 3 remained on the table. In regards to Article 12., the Moderator said he had a copy of the speaker list on his cell phone. He said that if we run through all the speakers, he will open a new speaker queue at that time
This brought us back to the discussion on a proposed study committee and moratorium on the installation of artificial turf fields. TMM Kelleher passed. TMM Holman said he supports the original Melofchik substitute motion, but none of the other amendments. Accepting those amendments could lead to splitting the motion. TMM Pyle said her daughter plays soccer and she would like more well draining fields. She is in favor of the Melofchik substitute motion without amendment. It would be a shame if we were to install a new artificial turf field and find out later that the science is against it. She supports an unadulterated motion. TMM Pyle noted she is against the Vakil amendment and its testing requirement. It would be better to have a committee decide. The proposed tests are not sufficient. The other amendments are not better, and they might split the vote. She appreciates that the Town Manager is willing to have a study committee. However, it is important that the committee should be from and report to Town Meeting. She wants to make sure we get this right. Poets Corner is now off the table, so lets take the time to have a study committee. TMM Pyle continued asking why some are saying that if artificial turf is a problem, why don’t we see more lawsuits? She responded that the law takes a long time to collect evidence and be heard in a courtroom. There are many things we thought to be safe but later were found to be harmful. We ought to follow the cautionary principle. She has seen lots of signs about believing in the science. Those who support the Melofchik substitute motion also believe in science. They cannot believe it when it only impacts others. Town Meeting must make difficult decisions. If we want to stop climate change, we must stop using plastics. She thanked the meeting.
TMM Hansen thanked Christa Kelleher for her comments. She understands that the town has limited playing fields. She was a boys soccer coach for thirteen years. The landscape surrounding this article has changed. The Belmont Hill School (BHS) is out. We need to come together to figure out the best way forward. She was less concerned about whether certain committee members are voting or non-voting. What is the scope for the committee? What is the deadline? Who reports to whom? To do this well, it must be in a way that brings us together as a town. How do we address health concerns and the need for more fields. We must find shared interests to use as a basis to move forward. The town's residents like open spaces and spending time outdoors. They support conservation and protection of the environment. Arlington is a leader on sustainability. There are not enough fields for today or for the future. There is very limited space for new fields. We should have a moratorium until the Town Manager retires. Then, we can do what is responsible for the town. The Arlington High School (AHS) fields have been offline during the construction, but they are coming back. There will be two new fields. TMM Hansen continued that there have been no comprehensive studies on field conditions and field maintenance needs. There have been studies of playgrounds. We have spent many years paying $500K per year to study and perform updates. Why are we not doing this for our playing fields. Town Meeting has five-and-a-half square miles to protect. It is reasonable to form a group with relevant experience to discuss the issue, consider the costs, gather data on the quality of our existing fields, and fund replacements and upgrades. A study committee should be formed no matter what. We need to come together to make smart decisions.
TMM Newton moved to terminate debate. The motion was seconded, but it failed on a voice vote. Enough members rose to require a handset vote. That vote passed 156-61 passed, so debate was terminated.
Now started the great cavalcade of voting. The Melofchik substitute motion was already before the meeting. We started with Vakil amendment. TMM Loreti raised a Point of Order asking to see the slide showing the order of the votes. He asked if after 7-8 votes, if the Melofchik motion stands, what will vote after that? The Moderator explained the each vote moves down, "clobbering" the previous one as it goes. He agreed that there is a lot to unpack here. He also thanked TMM Loreti for raising an actual Point of Order; it was exactly the right kind of point to raise. The vote on the Vakil amendment was 88-135 against, and it was not adopted
Next was the Greenspon amendment. TMM Jamieson raised a Point of Order. After commending the Moderator for holding this all together, he asked whether passing this amendment would protect the Peirce Field at AHS. The response was "Yes". TMM Gersh had a Point of Order asking whether votes on amendments required a majority or two-thirds vote. The Moderator clarified that they are all majority votes. The vote on the Greenspon amendment was 96-129 against, and it was not adopted.
This brought up the Schlichtman amendment. TMM Rosenthal raised a Point of Order asking whether this amendment would also change the number of members on the study on committee. The response was "No". TMM Weinstein raised a Point of Order to make a correction on the term of the study committee under the Melofchik substitute motion. The term would be up-to-two years, not two whole years. The Moderator noted that he was correct. He also clarified that the moratorium would be for the same period of time as the work of the study committee. Passing the Schlichtman amendment would allow the main motion to be divided. TMM LaCourt was recognized for a Point of Order. The thanked the Moderator for reading my mind and already addressing her question. The vote on the Schlichtman amendment was 132-96 in favor, and the amendment was adopted.
This brought up the Pagliosotti amendment. TMM Jamieson raised a Point of Order that he only sees five amendments in the displayed text. The Moderator confirmed that there were eight, but he agreed that it is hard to read as the markup includes all the possible changes, including those the Meeting hasn't yet voted on. The vote on the Pagliosotti amendment was 147-80 in favor, and it was adopted.
The Moderator apologized that revising the markup was taking a long time. He didn’t have chance to take all 60 voting permutations into account and provide a separate text for each. The vote on the Dennis Amendment #1 was 118-104 in favor, so it was adopted. The vote on the Dennis Amendment #2 wass paused by a Point of Order from TMM Bloom who wanted to know if the term "turf" implied artificial turf, or could the term also include natural turf? Town Counsel said he didn't want to speak on behalf of proponent, but he is providing broad discretion. The Moderator does not want to reopen debate to get a response from the proponent. Town Counsel was in favor of broadening the scale, whereby the amendment would look at best practice for all types of "turf" surfaces. The phrase "site specific" implies that the committee would be looking at multiple options. He cannot be completely certain whether it is just speaking one way or another. TMM Prokosch raised a Point of Order noting that the section displayed on the screen appears to limit the discussion to artificial turf. When it was pointed out that the language also notes natural turf, he shrugged and walked back to his seat. Town Counsel reiterated his point from before. TMM Weinstein raised a Point of Order saying he didn't understand why TMM Dennis wasn’t up here explaining his amendment. "Turf" means "artificial turf." This was ruled out of order. The Moderator explained that was a Point of Information which is not appropriate at this point in the proceedings. TMM Schlichtman raised his own Point of Order noting that we’re stuck with the language before us. Town Meeting cannot staple TMM Dennis to the bylaw to provide future interpretations. That was also ruled a Point of Information. TMM Litowski raised a Point of Order asking if there was anything in the text preventing what the Dennis Amendment is proposing to happen? Do we even need it. The Moderator ruled that as being on the edge of scope. He didn't see anything limiting a study committee. Town Counsel thought there was clear overall language in which alternatives are contemplated within the study committee amendments to allow a search both turf options. ("What is wrong with a committee of 252 to make a decision.") The Moderator concluded that best practices requires looking at best practices. Town Counsel agreed. TMM Rosenthal raised a Point of Order to note that a term used in amendment was one he had not encountered. He asked what “downcycling” was? The Moderator sought someone to provide a definition. TMM Slotnick noted that most materials are not recycled (equivalent product produced from the provided material) but downcycled (product produced is of a lower grade than the provided material). TMM Friedman raised a Point of Order asking how you interpret the term "site specific". The Moderator noted you just do. The vote on the Dennis Amendment #2 was 126-95 in favor, and the amendment was adopted.
A TMM from Precinct 15 raised a Point of Order to ask how to raise a Point of Order from the balcony. There was no good answer. TMM Lobel raised a Point of Order asking if the Benson/Stamps Substitute Motion was divisible. The Moderator noted that we haven’t gotten there yet, but it could be divisible if it was adopted. TMM Elliot raised a Point of Order asking what we are doing by adopting amendments. Will those need to be voted again? The Moderator responded yes, we need to vote to substitute Melofchik, then approve the final motion. When asked if we then go on to the Benson/Stamps Substitute Motion, the answer was yes. (An audible "oh my god" from the floor). A Point of Order was raised to confirm that you cannot raise a Point of Order during a Point of Order. A Point of Order from the Satellite Room was withdrawn. A TMM from Precinct 11 asked what a divided motion was. The Moderator noted that a motion can be divided if it contains two portions which are independent of each other. It can be split to simplify the vote. The Moderator can split a vote without a motion from the floor. TMM Stamps raised a Point of Order to clarify that after the meeting votes on whether to make the Melofchik Substitute Motion the main motion, then we would vote on whether to make the Benson/Stamps Substitute Motion the min motion. The Moderator concurred. TMM Stamps started asking the meeting to vote for her motion, but it was cut off in a cavalcade of boos. (Very bad form, debating after the close of debate.)
The Moderator offered to have us take our break while he edited the voting language document. We all just want to vote. The Moderator noted that the Meeting would now have to wait for him to edit the document, and now he would deliberately go really slowly to share the pain with everybody. TMM Crowder raised a Point of Order to confirm that he remove the correct parts. The Moderator noted she called his bluff. The editing didn’t take long, and he was now scrolling through whole Substitute Motion as amended. The Moderator was about to explain the Melofchik Substitute Motion when there was a Point of Order asking whether the Benson/Stamps Substitute Motion was going to need to be amended in the same way? The Moderator clearly said no. The Melofchik Substitute Motion as amended failed 110-116 and was not substituted.
This brought up the Benson/Stamps Substitute Motion. TMM Stamps rose to apologize to the Meeting for her earlier outburst. The Moderator noted he had missed the conflict of interest rules in the first reading, so he read it again. The vote to adopt the Benson/Stamps Substitute Motion passed 117-110, and it was adopted. The Moderator declared that the main motion was to be divided. There would be one vote for the study committee, and a separate vote for the moratorium. TMM Jamieson raised a Point of Order that an amendment cannot be divided. The Moderator clarified that a substitute motion cannot be divided, but since the Benson/Stamps Substitute Motion was now the main motion, it can be divided. A followup question of if both parts of the divided motion are voted down, do we then need to vote on no action? The Moderator clarified no, because it is just like voting no on anything else. TMM Bergman raised a Point of Order asking why there was no vote on the division? The Moderator pulled out his copy of "Town Meeting Time". "...the moderator should divide the question, without waiting for a motion, if division will serve some constructive or valuable purpose. This is the better rule." TMM Maher raised a Point of Order to clarify that the substitute motion was now the main motion. The Moderator confirmed he had divided the main motion. TMM Weinstein raised a Point of Order asking why the body doesn’t have an opportunity to vote on the division. As soon as it had been submitted, couldn't the submitted motion have been divided then? The Moderator explained that the substitute motion could only be divided after it became the main motion. He chose to divide the motion to save some time. He noted that it doesn’t seem to have helped. TMM Loreti raised a Point of Order asking if the two parts could be adopted independent of each other. TMM Auster raised a Point of Order to note that these recent points of order were, in fact out-of-order. We should just vote. TMM Moore (c) raised a Point of Order asking whether this would require a majority or a two-thirds vote. The Moderator said it was just a majority vote. TMM Worden raised a Point of Order to ask, whether divided or otherwise, once it is done, do we still need to take another vote, which is what we have always done. The Moderator clarified that when the vote on the two parts was done, no further vote would be required. Finally, we got to the vote on Part One of the main motion regarding the proposed Study Committee. TMM Leone noted that the first paragraph mentions a moratorium. Would the be stricken for this vote. The Moderator thanked him for the very astute reading. He agreed that sentence two would be stricken for this first vote. He further declared that from here on out on this article, he would only respond to former town meeting moderators. We moved to voting, ignoring other calls to raise points. The vote on Part One (study committee) passed 143-81, and the vote on Part Two (moratorium) failed 106-122. Article 12 was done.
We took our break at 9:57, a little late, but at least, we managed to end the first period cleanly.
TMM Deshler moved to take Articles 30-42 off the table. The motion was seconded and approved by a voice vote.
Article 30 regarding Usable Open Space had initially been debated a while ago. The Moderator interrupted his opening to have the speaker queue displayed and cleared. It hadn't been opened yet. He asked that speakers not repeat anything anyone has already said. TMM Baudoin thanked Mr. Flemming for his work on this article. Usable Open Space requires open area be left open. His concern is about parking, which the Director of Inspections, Mr. Ciampa had addressed concern during the Meeting and by memo. His concern is about businesses. The Director of Planning and Community Development, Ms. Ricker, in her memo, indicated there were safeguards. We are balancing the best use of property between the owner and the neighbors. TMM Baudoin recommended letting the balance swing towards the owners to decide what is best. TMM Loreti raised a Point of Order, asking whether someone speaking for a second time was limited to only five minutes. The Moderator said he didn't have that list, so he couldn't be certain. (He could have asked me.) TMM Prokosch wanted to add that the complexity in the zoning code has a cost for East Arlington neighbors. With a baby on the way, someone can either build or move, which could take years. Complexity in the code is a problem If it can be simplified with little or no issue, we should do so. TMM Badik motioned to move the question. The motion was seconded, but the Moderator ruled it failed on a voice vote. Five members rose, so we moved to a handset vote. On a vote of 150-59, debate was terminated. We proceeded to the main motion, when TMM Wagner raised a Point of Order to confirm the vote needed to pass the article. The Moderator noted he would cover that in his summary. He continued to say it would require a two-thirds vote of the Meeting to pass. The tallied vote was 121-84, which failed to meet that threshold, and the article was not adopted.
This brought up Article 31. The Moderator recused himself, and TMM Auster, his assistant, took the big chair. Ms. Zsembery, Chair of the Arlington Redevelopment Board (ARB) introduced the article, noting it addressed animal daycare uses in the Industrial Districts. The ARB recommended favorable action. TMM Anderson, the proponent of the article has a business in an Industrial Zone. The appreciated the support from the ARB. During lockdown, many were forced to stay at home. The loneliness led to getting a pet. Now that many are back to work, their pets are left alone at home. There is only one pet day care in Arlington. The use is not allowed in the Industrial District. Many local business owners have tried to to expand their pet-oriented business into the the Industrial District, but it is not allowed. Some of these owners are leaving town to continue to grow their businesses. This has a negative impact on both businesses and residents. Arlington needs to better support local business through zoning. We need space for current and future businesses. She asked for the Meeting to please vote yes. TMM Rosenthal said his inclination was to support the article. He asked the Assistant Moderator if there was a legitimate reason for this use being excluded from the Industrial District. Ms. Zsembery noted that Town Meeting passed a major revision to the Industrial District zoning regulations two years ago. This use was not added or even considered at the time. The focus was on creative uses. TMM Rosenthal sought to confirm that it had just not considered. Ms Zsembery confirmed it was not contemplated. TMM Moore (C) passed. TMM Heigham (L) moved to terminate debate. This motion was seconded and passed on a voice vote. The Moderator noted this article would require a two-thirds majority to be incorporated. The vote was 210-1 in favor, and the article was adopted. The gavel was returned to the Moderator.
Article 32 had a recommended vote of no action, but someone took it off the consent agenda on the first night. Ms. Zsembery recommended no action. TMM Mozina passed as there was no substitute motion filed. The motion of no action was seconded and passed on a voice vote. This brought an end to the zoning articles.
Article 33 was introduced be TMM Deshler. The article is an endorsement of the parking benefit district financing. It would be the first of many annual articles submitted by the Finance Committee where the Meeting was being asked to endorse expenditures from expected revenues. The Finance Committee recommends a positive vote. Mr. Pooler interjected at the request of the Moderator trying to preempt a question. Progress on replacing the parking meters was progressing slowly. In the meantime, the Town is not charging for parking. He initially thought they would be repaired in five days, but he thinks it will more likely be the end of the month. There is sufficient income to support the endorsement. TMM Friedman, TMM Moore (C), and TMM Jalkut all passed. The motion was seconded and adopted on a vote of 207-5.
Article 34 was introduced by TMM Deshler. The article is an endorsement of PEG (public, education, and government) funds to support public access television. She recommended support of the article. TMM White did not respond. TMM Leone, the President of ACMi, noted that several board members were present at the meeting. ACMi gets its funding from a charge on our cable bill. Those fees are used to fund ACMi, which provides coverage for many of the town's boards and committees. Up until two years ago, this funding was a pass-through. The State now requires a vote of Town Meeting. Revenues are going down due to increased use of streaming services. ACMi may need to seek alternate funding. TMM Kaepplein asked how much money was involved, how it would be expended, and what programs are available. TMM Deshler noted the amount is in the report. TMM Kaepplein asked that the services and their value be provided. The Moderator called on TMM Leone. He noted that ACMi provides many benefits including being able to watch this (Town Meeting) at home. The funding goes towards the new studio at AHS and training for interns. Several local colleges send their interns here. The station has the latest technology. They have a satellite studio in Town Hall to facilitate broadcasting meetings. There is a sub-studio in the Arlington Food Link building. They transfer equipment to cover events. Unfortunately, they cannot broadcast school plays because of copyright issues. The Executive Director, Norm McLeod does a good job. Adults can join and be trained to produce a program. It may need to be shown in the middle of the night. TMM Moore (C) moved to terminate debate. The motion was seconded and passed on a voice vote. The article was adopted 209-1.
Article 35 was introduced by TMM Deshler. This article is to approve position reclassifications to better match staff positions with the appropriate pay scale. The reclassifications can be appealed. The list of proposed reclassifications are in the FinCom report. She asked for the Meeting's support for the proposed vote as amended. TMM Loreti asked what the codes for the different categories mean? Does a higher number after a grade mean it tops out at a higher salary? Mr. Pooler said each position has a range of steps with higher grades having higher pay. There are usually 8 steps. TMM Newton passed. The article passed 208-1.
Article 36 was introduced by TMM Deshler. This article is to appropriate funds into the salary reserve fund for collective bargaining and approve completed collective bargaining agreements. She recommended a positive vote. There were no requests to speak. The article passed 206-5.
Article 39 was introduced by TMM Deshler. The article was included on the warrant in case a fund transfer was required. No transfer was needed, so she recommended a vote for no action. TMM Bloom raised a Point of Order that the wrong article was being displayed. The motion for no action was passed on a voice vote.
Article 40 was introduced by TMM Deshler. This article authorized funds to change water meters. A positive vote was required to remove borrowing authority. TMM Carlton-Gysan passed. TMM Mandal passed. TMM Mara passed. TMM Newton passed. TMM Loreti had a question about the water meter program. He asked whether data would still be made available to residents. Mr. Pooler noted the revocation of prior authorized debt will not effect the program which allows residents to view their own water use in real time. The article was approved 202-1.
The Moderator called for notices of reconsideration. TMM Deshler noticed all the finance articles. A motion to adjourn was presented, seconded, and approved on a voice vote.
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