Me too. Anyone in the audience here to speak on this license? Further discussion? All those in favor, please say aye. Three zero. Thank you very much. Next up, request, wine and malt license, change of manager for Zocalo. Hello, Janet Federico. How are you today? Good. Good. After tonight, maybe I want to withdraw now. Sorry? After tonight, I might want to withdraw now. Yeah. Well, you know. There's some easy things you can do. They will keep this from ever being a propable. Well, we're on. What's your alcohol policy? No, under 35. Actually, this is what I do now. I've been doing for the last three years for the manager. I come in on Friday and Saturday night, just as a second set of eyes. So I walk around from six to nine o'clock and just check each one that they are doing their job, the waitresses. So you're moving to a full time now? Yeah, she wants to take a little time off, so I'm going to go into a position. But I'm still going to keep my Friday and Saturday days as a second eyes on the liquor. Okay. I'll move approval. Second. Any further questions? No. All those in favor, please say aye. Aye. Aye, 3-0. Thank you for coming in. All right. Item number seven, request, common victual or license, a new one, Whole Foods Market Group doing business, Whole Foods, 808 Mass Ave. Who do we have to join us today? Good evening, how are you? Very well, thank you. Mr. Chair, members of the board, my name is Mike Scott with Madam McClendon and Fish. With me is Jim Strange, I'm a project manager for Whole Foods and KB. The NAICS, who has a store manager and team leader for the Whole Foods in Arlington. We're here tonight to talk about the post changes from the Johnny's to the Whole Foods. Yeah.  And since the seating is within a grocery store, I thought it'd be helpful to have a plan that shows what the seating is located in the front of the store along Arlington Street. Is that? Oh, sorry. No, I apologize. Yeah, keep going. I thought I saw an easel there, but I realized now it's a tripod. It is though. Sorry, I keep going. I have one delay, but you can see the seating at the front. The seating is 30 seats with five cables. Whole Foods has a seating at 26 of stores of CV licenses, without any adverse effects with community. It's something that the customers find helpful to be able to consume with their foods on the premises. There's no wait staff. It's all self-service. You probably know it's been a similar whole foods. So it's something that they've been successful with at other locations and like to do it here in our home as well. Kate is here to answer the question about the operations of the work. James knows her safety instructions and we have to answer the questions about that as well. Any questions? Thank you. So I've used, so I've been to Whole Foods, I guess, do you have two in Cambridge or more? I've been to two of them in Cambridge. And I think I've been to one up in Wuburn. So the seating I've seen has been on the outside of the cash register and between the cash register and the public, so to speak. Is there anything about the Arlington configuration that would be different from the other ones that I've seen? It's really not. It's the opposite of the cash registers between the cash registers and the front wall of the building. Yeah. Okay. I'll move approval. I'll second. Let's just, I just want to ask one question. I mean, usually we have a fixed menu, typically just out of curiosity. Did I understand this is a rotating, you'll have rotating selections. So this is buffet style for the most. That's correct. We don't have a. Or some of it's served directly. So you can see an exhibit D of the application. There's a discussion about the menu items and there's 500 menu items. There's not a set menu. It changes with the seasons. It changes with the days. Some are served and some are just, you select yourself. Okay. Okay. I think out of 500, I think we're good. Did you make a second there, Mr. Kara? Yeah, I second. Okay. I think this is the first time Whole Foods has come before the Board of Selectments since you've come to town and I want to welcome you to town. I'm very excited to have you here.  Food master was a big part of our community and you know, a lot of people worked there or shopped there and so on and so forth. And so you're a different store and a different place but I think you'll like it here. And I'm really glad that you've chosen to come and do business here in Arlington. Thank you. I think it's also noting that my understanding is that Whole Foods had extended jobs to most, if not all of the staff who had been at Johnny's at other stores around the area. And I want to thank you for that. That's correct. As well. Great. Any comment from the public on this license? Mr. Kaplan, do you want to come to the mic? I'm just curious if you could give us a anticipated opening date. I'm sorry, do you mind coming up to the mic? Okay. Thank you. We have millions of people at home and they can't hear you. The opening date is in public yet but I can tell you it'll be before our fiscal year end and our fiscal year end is the end of September. So it will be before then. All right, thank you. Quick.  Yes. 500. Any other public comment on this license? Any further discussion from the board? All those in favor please say aye. 3-0. Welcome to Arlington. Thank you very much. Thank you. Next up, Citizens Open Forum. Expect, except in unusual circumstances any matter presented for consideration of the board shall neither be acted upon, nor a decision made the night of the presentation in accordance with the policy under which the open forum was established. There's a three minute time limit to present a concern or request. Mr. Harrington. Thank you. Stephen Harrington, Columbia Road. I noticed earlier I came in late that you were punishing people for bylaw violations and of the alcohol licenses. And tonight I'm here to hold you accountable for bylaw violations. And it's something that's near and dear to my heart. I was here two years ago and most of you weren't on the board at that time so I'll be gentle. But I think it's atrocious that the town of Arlington is using Mount Pleasant Cemetery as a municipal parking lot. You've been doing this now for four or five years. The manager, after I showed him a picture of a fire engine and the track across someone's grave site told me that this would continue until 2015. Now because of the construction on the public safety building and because of the construction on that section of the street there are 40 or 50 vehicles parked in the Mount Pleasant Cemetery every day. That's against the town bylaw. And it has a sign right there. Two years ago I came because it's personal to me because when you come into Sacha Maav across from the public safety building my parents, two of my aunts, two of my nieces are buried in that cemetery and they had been encroaching on the graves. Today I happen to be going by and the usual 40 or 50 vehicles are parked all the way down, Sacha Maav and on the side and there was a service. And the people of that service should be appalled at the town of Arlington allowing their municipal employees and contractors to use that cemetery where our loved ones are buried to park all day long because you're not gonna use Summer Street which is totally open for parking and just as close to the public safety building they could use along the bike path there's municipal parking there, give them permits. You have a need, you have a responsibility, you have a responsibility to make sure that your employees and you ask the manager to tell them in no uncertain terms that they should not be parking in the cemetery. Thank you. Thank you Mr. Arrington. Is there anyone else who's here for Citizens Open Forum? Mr. Kaplan. Thank you. I had some specific questions related to easements in item 14, is it better, should I wait till that time to ask them? Yeah, I'll give you a brief opportunity to ask then. I mean, I'll give you a brief. Okay, they're very focused on and primarily on the financial aspect, so. Sorry, I'd rather do it under then. So like, I'll give you a, I'll give you a shot at the mic then. Thank you very much. Anyone else who's here for Open Forum? Mr. Chair, can I respectfully request a five minute recess? Yes, it has, we've had a busy meeting. We're gonna do a quick five minute recess. We'll be back, it is the dot of nine o'clock. We'll be back at nine o' five. Okay, we are back from our recess. Thank you very much everyone for your patience. Next up is item number nine, request for stop sign at the intersection of Woodside Lane and Oak Hill Drive. Jake Upton. Yes, I'm Jake Upton, I'm with Arlington 360. We are developing the Arlington 360 project. As part of the special conditions for the project, the traffic advisory committee to the ARB had been involved with kind of reviewing the traffic studies that were done and making recommendation during the permitting phase of the project. And there were special conditions put in place to do some traffic improvements to offsite locations to help with the overall traffic flows. The areas that, one of the areas that was identified was at the bottom of Woodside Lane where it comes into Oak Hill Road. There was sort of a tendency for people because of the wide curbing to sort of not really stop and kind of merge into traffic. And that had created some potentially dangerous situations and the traffic advisory committee had recommended in that area in their study to bring in the curb lines. So to restrict the entrances in the egress from those roads to slow them down. And they also suggested that we consider putting a stop sign in. And obviously, that would be at the discretion of the Arlington Board of Selectment. So they suggested that we come for a vote to have the stop sign done. It was really on their recommendation. So that the board is aware the curb, the pinching into the curbs and the ADA sidewalk entry points of those curbs have already been installed. So the new curbs are in. All of the work is done on this except for the striping of the crosswalk, I believe. And so we're just holding off on doing that until we have final clearances as to whether we're adding a striping for the stop sign and the actual stop sign itself. So I have a diagram here. The board would like to take a... I think we got a, you know, we got a small version. See it, it's sort of small type and everything. Yeah, I can see it. But again, it's just a normal stop sign. It's all engineered through our traffic design group and it's really at the discretion. So we've been encouraging neighbors to have opinions one way or the other to, you know, weigh in on the decision. And from our perspective, it's really a town decision. We're ready to go either way. Questions? Well, since this came from TAC and I truly respect all their recommendations, I'll move approval. I don't think that's subject to all conditions, but I know thank you for a very in-depth presentation and I look forward to getting this going. I'll second the motion. I'm very familiar with the area. This is a heavily trafficked pedestrian area for students going to Bishop as well as to the high school in particular. And it can be tough when you're coming down that hill. I think it's very appropriate. It'll be an amenity. I mean, I know there were a few off-site amenities that were part of the project and I'm glad to see this going forward. Anyone in the audience who wanted to comment on this stop sign? Any further discussion? All those in favor, please say aye. Aye. Aye. 3-0. Thank you for your patience. Okay, and also wanted just to extend an invitation to the board of selectmen to come have a tour whenever is convenient for you. Just give me a call or contact me and we'll set it up. We'd love to do it. I know you give a tour to a previous version of this board and I couldn't make it so I'd really love to see what's going on up there. Okay, well I'll send a note around or post my email address with Marie. That'd be great. And we'll make a plan. I'd be really excited to do that. Appreciate it. Thank you very much. Thanks, Jake. All right. Next up, vote special municipal employees as related to the Arlington Historic District Commissions. Stephen McCut, McCowden Chair. Is he here or are we doing this on the basis of the memo from Liz Rice? I'm gonna see him here. I did receive a request from the district commission for information on the special municipal employee designation. This board has made that designation on other occasions for other volunteer boards. I've provided the same explanatory information and Mr. Bacowka has provided a letter on behalf of the commission indicating that the commissioners and the executive secretary do meet the requirements for designation as a special municipal employees. I'm happy to answer any questions. But basically the root of this is that you can, if we designate someone as a special municipal employee, we can only do that if they are, let's say two, not compensated or compensated a fewer than 800 hours per year. Correct. And then we do this, we give them, once we make this designation for this position, people hold this position, can then both work like they can appear before the town basically, it's like lawyers or architects or whatever, they can be contracted and do this volunteer work. And if we didn't do this, they'd have to choose between one or the other. Correct, some of these boards are staffed with professionals with sort of specialized areas. This one in particular, you have architects, landscape architects, other boards you have attorneys, accountants, other architects, people who represent clients. So if they're locally based, which of course you need to be on these boards, without the special municipal employee designation, they're somewhat hampered in their ability to carry on their livelihood before other boards. This designation does not permit them to appear before the board on which they serve, but just other ones. Unless they're appearing on behalf of themselves, is that correct? Yes. Yeah, okay. I think that's fine, it makes sense. Could you get, do you have a sense? We don't have actually a comprehensive list of all of the previous positions that have been designated special municipal employees in the town. Right, there have been more since, I have been here, I know that the school committee was done many years ago, but since I've been here of the redevelopment board, and the assessors, and I think this is the third one. Okay, great. Go ahead and motion. Yeah, I move, I move the problem. I'll second. I'm sorry, I think the retirement board as well. I'll second and just say on the basis that we really rely on our volunteers for quite a bit of work and to limit our volunteer force. Absolutely. To be as cool as shown in our part, in my opinion. All those in favor, please say aye. Aye. 3-0. Next up, on number 11, four approval policies of town owned property for publicity and promotion, and time allowed for banner. So we have a draft policy that is, Ms. Rice, I know you refined this for us since our last meeting. That's correct. I incorporated the changes that the board had requested at the June, 27th, 17th meeting. Any comments, motion? No, I move approval of the policy. I'll second. And I just wanna say thank you very much Ms. Rice for all of the work in this. I mean, I've talked quite a bit with the manager. As I've been going around to different meetings and groups, it seems to be a lot of pent up demand out there for use of banners. And they are a great amenity if they're used properly. So I'm glad that we're putting some structure around this and I'll be bringing, as we have on the agenda, the next item I'll be bringing something to you to utilize this policy right off the bat. So, is that the 11B or is that something else? What's that? 11B. 11B. Okay, that's correct. All right. I'll second. Yeah, all right. For those, I guess so the key to this policy is that if anyone wants to put up banners, as you have to find a group within the town, a committee or commission within the town, you will, who will be your, Mr. Werber, I'm losing already, the endorser. Sponsor. Sponsor, thank you. So if you don't want your banners, do you have to find a sponsor within the town? And then come to Oscar approval. And then come to the board selection. That's really two steps. So the board selection could be the sponsors, but it feels like in general, we want to reserve that for unusual occasions. So to me it seems like town day is one of our logical sponsors, but there aren't too many after that. Yeah. I agree. I'm actually listed out for the manager, maybe, I don't know if it's appropriate, we could put that in a form for the packets. I listed out for the manager, some that I'm aware of that are hanging out to have potential and pending requests that I've heard. And I'm sure that there are a lot more because I'm just one of five members here. Any further discussion? All those in favor of approving the new policy, please say aye. Aye. All right, three, zero, that's done. Mr. Curator, would you be? Yeah, this should be very simple. You'll recall that at our last meeting, this board approved the hanging of banners to promote the Arlington Live Summer Arts Block Party, which I will say was an astounding success and you can read all about it in the Advocate, our new reporter, had a great story in the front page of the Advocate about it. Maybe I'll talk about it in new business depending on how late we are. But those banners, which as you will call, were sponsored by ATED, were very specifically designed such that the event-specific information could be removed. It's a lower portion of the banner. The Arlington Live is really a broader initiative for the town, generic branding, if you will, of the cultural offerings of the town. So my motion is to permit the top Arlington Live portion to remain in place until the next set of banners rotates into place, which is likely to be, town day is likely to come with a request. But would you like me to make that request specifically? Okay. I'm at August 19th to see, and we'll hang them before we get approved. Okay. So my motion is to permit the Arlington Live portion of the banners to remain in place until the next set of banners is rotated in. Second? Arlington. I'll second for discussion for the time being. I have one on, from, I agree that I like the signs up. I think they look great in what they stand for. One thing with setting this policy that, I do have one question about is that, I think I'd like to put a specific date on when they would come down. Specifically because moving forward, setting a policy that just says banners can stay up for the time being until something else comes. I don't know if that's an appropriate policy step to take, or there might be Christmas banners hanging out there in the middle of winter. Oh, absolutely. We allow policy like that. Well, let me tell you some of what I've learned about banners, I learned more about banners than I ever wanted to learn. So we, very appropriately in this policy, we set, said that the town must be the ones to put them up, put them down. There's a cost associated with that, and that can't always be scheduled within a shift. I mean, so there is a cost that has to be levied. So in the scheduling, I think it's helpful to have a sense of what the queue is of requests that are coming in, because it's possible for the organizations then to partner with one another and to make it easier on our DPW so that when one set is coming down, the others are going up at the same time, and you're not, crews aren't going through twice. You are absolutely correct though. And I had a brief discussion with the manager about this as to whether or not it should be enshrined in our policy or should just be an operational guideline to have actually a regular rotation so that an expectation can be set. This is like the last time that the chair said that he would like to see some procedures around this in addition to the policy. So one way, Mike, is that you can set, say, a date of, say, September 30th or whatever. So no later than September 30th. We're gonna make it to be the future decision. Yeah, I'd be comfortable. So that's fine. So no later than September 30th or until such earlier time that we might approve. Okay. I'll second that. So we got a motion to be second in the other discussion? No. Mr. Manager. All right. All those in favor please say aye. Aye. Okay. Next up is update on utility poll resolution. Mr. Leonard is here and he's requested, and I know that Mr. Leonard came into the office and requested an update on the utility poll resolution. So as many of you will remember, Mr. Leonard came to us with a 10 motor petition in the spring. And we agreed with what he was trying to do that we didn't agree with the specific mechanism that he was trying to choose. We created a utility poll working group which we recruited three people successfully for that we approved for. And that group has held at least two meetings. And I think that they've had a couple other informal ones. They've gone out and they've surveyed a number of polls and they've given themselves kind of an interim reporting back on those polls. And I indicated to them that I thought it'd be healthy if they came back and reported to the board as a whole shortly after Labor Day. And so that is my current, so that's where that particular project is at this time. Mr. Leonard, is that the update you're looking for? Yeah. Looking for three? Please do. Good evening, John Leonard, Precinct 17. As most of us are aware, there was an incident of the utility polls coming down on June 2nd of this year. At that particular time, there was no actual real idea on what brought these polls down. At that particular time, according to the newspaper article, Town Manager was informed by public works that it appeared Rott could have been involved. I was just wondering where it's over a month now, how that, for lack of a better word, investigation turned out in regards to was any new information discovered? Either by way of the Town Manager, I have talked a couple of times to DPW, micro-automaker, he's been very helpful. Unfortunately though, it appears that he, as I would call it in my language, he's being stonewalled by the usual it happens. And I know that doesn't satisfy me and I don't think it satisfies many of the residents of Wellington with all the work that has been going on to basically say, hey, if a poll falls, that it happens. I wonder if there's any way he could elaborate. Is there any more information? Come on to the scene. I have, so I know that we didn't know that the utility poll working group, we did, that had just happened when we were meeting and we did definitely note that. Mr. Adams, did you have any particular update on that that you thought? Well, so I guess I'll say, Bear's mentioning there was very strong winds that day. Poll didn't just fall down, but on-site DPW staff that did see the poll, as you mentioned, saw rot, but there was no further forensic investigation into the material contained in the poll, so there's no further information. But the suspicion is that the poll was rotted. The reason I mentioned this is because there was some questions that quoted you, Adam, that basically said you weren't sure how often Verizon investigates their polls, but that a way of the article, which I have a copy of, that questions would still be asked that the investigation would continue as to try and look at all aspects of this. Again, like I say, we just basically say it had happened and that's it, or is there anything more questions being asked? Should we just basically say that if a poll falls and our length of it falls and that's it? I think that that's a good... I hadn't framed that specific question about that particular rotting to Verizon. I know that the Utility Poll Workgroup was talking about public safety and looking at that ball in general, like it was one of the things, I will make sure that I pursue that specific question with the Verizon guy. I haven't asked him that specific one. Have you had a meeting with the Verizon people since the incident? In another article in the same newspaper dated 3, 14, 13 of this year, it states that John Leonard gave 20 problematic polls to the Board of Selectment, which will then be addressed one by one with Verizon's help. I don't know where that idea came up that I was going to be involved, but I'm curious of the 20 somewhat pictures that I presented to the Board of Selectment back in February. Has any of them been bought up to Verizon? And the reason I mentioned this is because I personally went out and looked at all 25 locations yesterday and nothing's been done. Oh, Mr. Leonard, I'm not sure if that's true. In fact, I'm fairly certain. I think that I'm not sure exactly what the quote was, but definitely you did help hold, thank you, provided us with pictures of the ones you thought were, and those were definitely the starting point that I used with the Utility Poll Working Group. And I didn't, if there's an intimation there that you were gonna help with that group, then I didn't mean to make that. And I would have to double check, but that was definitely the first set of polls that the Utility Group worked at, and there were definitely a number of them that they looked at and they thought were fine. So I don't have that, unfortunately, I probably shouldn't have, but I don't have their first review with me. When I mentioned these causes, like some of them done at Edgerton Road, is blatantly obvious because that double poll tilted has been there, whatever, but it is a number of factors. In other words, it's not just because the poll was straight. I brought out in the pictures a number of factors, cables hanging, cables cut off, not protected, old equipment left up. So if the individuals, meaning no offense to them at all, are basically just looking going out and looking at the structure of the poll, that's not what that picture is supposed to be given, the message I've been given. Mr. Leonard, there are still seats available on the working group, and if you want to help out, your help will be most appreciated. As I mentioned before, I mean no disrespect to anybody in this room, but I can't work with it. We've lost 14 years, and again, meaning no disrespect, you did vote against my original motion. I mentioned that I'm better off working independently on this because I'm getting much more accomplished than another comedian possibly losing another 14 years. Some of the other highlights that have come up that I have found about on my own investigation is that I have talked to members both active and retired from Verizon. At least one of whom is on our working group. And some of them have laughed when I mentioned, could you please tell me how many poll inspectors Verizon has and how often the polls are inspected? Just using Verizon as an example. And the comments that I have gotten is, John, give it a break. Verizon hasn't had poll inspectors for 10 or 15 years. If we haven't had 10 or 15 years of poll inspectors and the majority of the polls in the town of Verizon, then I mean, I'm not saying we're sitting on a time bomb, but what are we waiting for? In regards to like, it's just waiting for an accident to happen. Other examples I've come across is, I talked to a member of EnStar just the other day. And they basically said that in an area such as Verizon has in Arlington, they wouldn't necessarily inspect the polls belonging to EnStar. They have what they call it to me as a walking group where in an area where there is a lot of EnStar polls, they would designate a certain time and their walking group would go out and check their polls. But in an area such as Arlington, where Arlington basically has a lot of Verizon polls, they would not have a walking group. I contacted, I believe it was ICN. ICN basically stated we don't have poll inspectors. We don't test the polls. All we basically do is we just go up a poll and maybe test a foreign voltage. But as far as the structure of the poll, Mr. Leonard, we don't have anybody. The general impression I seem to be getting is that if it's another utilities poll, why bother? Because if it hits the fan, it's gonna be their problem. Other things I have discovered, up in five corners, they replaced a couple of polls up there over a certain period of months, I guess. When they went to check the polls to see who the ownership is of the polls, they put nine X stickers on the polls, a spalf thing. But nine X stickers, nine X hasn't been around since 1997.  But yet in the same right, where this accident happened on Mass Avenue last month, they put Verizon stickers on the polls. There's no rhyme, there's no reason. There's no set of rules here. Other locations have also, other conversations I've had. Every poll in a town of Allington, every utility poll, has to be grounded. Whether it's done by a Verizon and an Insta or an ICN, every poll has to be grounded. Shortly before tonight's afternoon, I checked out the three polls that were replaced on Mass Avenue, none of the three are grounded. These three polls just went in. There's no grounds on them. But there's a nice Verizon tag on them. I'm wondering, again, what on board is the board of selection possibly need of a town of Allington need to say, how long is this gonna go on? Mr. Leonard, we've heard what you had to say. We've adopted a policy that we think that in the long run it's gonna change, or it's going to help change the behavior of the companies that have polls in Arlington. We're gonna, unless this board sees fit to make a change in the short term, we're going to let that policy run and see if it works. And I don't see, you're not telling anything that's gonna make me change my mind or change the way that I'm tackling this. Why am I having a problem understanding then as I proposed with the resolution that the Massachusetts general will always give the town the authority that the board of selection doesn't want to use that authority? Because as we told you at the Selections hearing, because as we talked about at the town meeting, we do not read the law the way that you read the law. That law does not give us the authority that you think it does. But yet town meeting overwhelmingly sends you a message that it does. No, town meetings have a message that they think that there's a problem that needs to be resolved. But with all due respect for town meeting, I'm a member of town meeting and I have high respect for that institution, it is not a lawyer either. Mr. Kerr. Mr. Chair, I think I've raised this previously. I mean, I think it was properly stated at town meeting. I went through the transcript that was provided to us and our packet was properly stated that the problem is that local boards, local municipalities do not have tools given to them in the law to specifically enforce and penalize the utilities. I mean, if you just sat here, you just saw we do have specific authority and for example, liquor licensing. I think you just saw us exercising that because the law gives us specific ways in which we can penalize those establishments. We don't license the polls, we don't have that authority. Now, several years in a row, the general court has had pending legislation to try to give authority. And there is probably maybe one action that we can take tonight. I looked it up today to see the current status. House number 2952, it's currently, I think it's still with the joint committee on telecommunications, utilities, and energy. I'll read it because it's very short. It just says section 34B of chapter 164 of the general laws is appearing in the 2010 official edition is hereby amended by inserting after the word poll in line five, the following, provided further that a city or town may enforce this section by the enactment of a local ordinance or bylaw, prohibiting double polls beyond 90 days authorized by this section, violation of which may be punishable by a fine not to exceed a maximum of $1,000 per occurrence. Now, this was favorably reported out of committee last year. It didn't make it all the way through the legislature. It's making its way through again this year. Mass Municipal Association has it as one of the top legislative priorities and they update us on it. If the MMA felt that communities had the authority already to regulate this, I don't think they'd be making it one of their top priorities. They realized that we need this ability. I'd like to move that this board write a letter to the committee, the joint committee on telecommunications, utilities, and energy expressing our support for this bill and giving local communities the authority to. I will second that. I actually attended that hearing at the state house and there were several other bills that also dealt with different fines for double polls. Yeah, I know there are similar ones and this just seems to be the one that the MMA has. Yeah, and hopefully it does move forward. And it's something I'll hope to pay attention to as well. But I think writing a letter is a good step. So just to clear things up for the record, no matter what I presented to you and those mass juices, general laws, you're saying that you can't use them at all. I'm saying that though, I do not agree with your interpretation of those laws. Okay, I just wanted that for the record. Finally, there is a couple of organizations which you might be aware of, but I thought I'd bring you to your attention. The ANSI, which is the American National Standard Institute, is the institute which measures the strength of telephone poles or utility poles. NESTIC, N-E-S-C, National Electric Safety Code which put the design for poles for ice, wind, et cetera. The reason I bring this up is because on any of the poles that I've examined in the town, there is nothing on the pole that would be, and they're probably not required the utilities to do this, that would label for the common man to basically see this is the type of pole this is. And what I'm getting at is that, let us say if I put up an average pole in the town of Allenton and then do it or whatever, kept adding, kept putting stuff on it, there's nobody that could prove that that pole cannot handle that because the type of pole, class of pole as they call it, is not marked on the pole and the records are not available for any town. So I guess what I'm getting at is it's interesting to go around Allenton or even other towns and just look up at a pole and wonder, my God, look at all that stuff up there. And there's nothing on the pole that basically says, that's okay, I can handle it. So, and there's nothing that were basically the owner of the pole to stop saying to, as I said before, tenants, come on, sure. Pay me so much. And I'll let you use that as an access to get to your location. There's nothing at all, even on the poles, the new poles that went up that basically says, this is to let you know, 20, 30 years down the road, I can't take much more. There's just too much weight. Mr. Chair. So I think again, I mean, this is a state issue. Interestingly, this shows you how boring I am. Some of my summer reading, I pulled a book out of Robbins called The Age of Edison, which was trace the history of the electric light, electric lighting. This brought an awful lot of the book, an awful lot of it. Talked about this problem of wires being strung everywhere on poles, issues with poles. In the early days, telegraph operators were getting zapped because they were stringing electrical lines with telegraph lines and telephone lines and everything else. So it's not a new problem. Unfortunately, this goes back 120 years, but we have to rely on the state. The state's put in some regulatory frameworks around this, but they didn't see fit in their wisdom to give us a lot of tools. That's why I think that this one step here of trying to put a line in the sand and getting the ability to actually levy some finds actually gives us some concrete force. I'm not gonna care otherwise. It's only when you hit the pocketbook that... Well, against Mr. Currow that they say, these requirements, for lack of a better word, are in effect now. But what's the punishment? What's the penalty that's in there? Are we allowed to find? We aren't. What I'm getting at is there's nothing maybe that says, okay, it says standards that they should live by, okay? Right. And maybe there's nothing that says that they, they're out of the find. But I guess what I'm getting at is just, there's no watchdog effect on this. That's right. So... We're in agreement. How does a town of 300 and some odd towns determine, is that a safe poll that's going up even tomorrow in some locations? We're in agreement. This is what I've been trying to get across from the very beginning, that somehow, if you're gonna come into our town, you're gonna do business our way. But that's why I'm proposing that we vote to express our, and join, you know, we're joining other communities. Other communities have expressed their support for this to allow communities to levy fines and adopt local. Lastly, and then I'll leave you alone. I noticed that last Thursday when I was making my rounds, there was an organization called Waveguide, a waveguide stringing cable up Mass Avenue from pole to pole. And as far as I can determine, it seems like they've gone all the way to Lowell Street. Some of them came to this line at least to Lowell Street. They might just be an organization that it's a contract that it's been hired. Yeah. Could I maybe members of the town be enlightened? Is there, they would have had to come through your office. They did, they did the hearing. I forget exactly what it was. Is it fiber optic or? I try to remember what it was. I thought it was an internet, it is data, like a mini is data, yeah, yeah. I don't remember up top of my head, but I remember the gentleman came and he saw, he was in fact, he's here twice over the course of a month or six weeks. He had work plans for us. They went through our building approval. Okay, because I have noticed in two locations, one is pole 111 on Mass Avenue, which is right in front of Marble Tile. And I think another one is pole 98. That basically, if you let me finish, as I say, every pole is supposed to be grounded, the grounds are gone. Mr. Leonard, I appreciate your attention to these details, but there are more efficient ways to report them. I have nonetheless, I'm sure having heard your suggestion to look into them, I mean, we'll follow up and make sure to look into those, but I invite you to keep giving us that information, but I'm not sure we have to get a, yeah. I'm not sure that now is necessarily the right moment. I hope it's not the right moment when somebody touches a pole and there's no ground on it. Thank you. Thank you, Mr. Leonard. So we have a motion on the table. Is there any further discussion on it? No. I agree, I think I would like that power too. I think that would be very comfortable. Other than, I think. We'll write a letter. We'll, the motion is, write a letter of support to the joint committee on telecommunications. I imagine utilities and energy. Which in general, when we write these letters, we're smart enough to CC our delegation and so on and so forth. Exactly, other than saying that, hopefully I wish Mr. Leonard would coordinate his efforts a little more with the working group, as opposed to just coming before us and dealing with that, I think that's the right funnel of communications. Yeah, I agree with him. I continue to agree with him on the root issue, but I don't necessarily agree with him. I think that the policy, the process, the policy that we've adopted is the right, the best tools that we have to tackle the problem, as you described. All right, with that, is there a motion, all those in favor, please say aye. Aye. 3-0. Ms. Rice. Thank you, Mr. Dunn. Oh, pardon me. I should say. We were not talking about the vote, but taking the instrument on the Mass Ave corridor project. That's correct, Mr. Dunn, and that instrument has been provided to the members of the board, two originals you're being asked to generate, and in those two orders of taking, which will be recorded at the Registry of Deeds, they contain all of the temporary and permanent easements necessary for conducting the renovation and improvement work on the sidewalks in connection with the Mass Ave corridor project. As you know, the town meeting voted in 2011 to authorize the exercise of this authority. We've been working closely with Mass DOT to have the takings appraised and to calibrate the timing so that it wasn't done too early because the temporary easements, which are three years, do begin to run as soon as those instruments are recorded. So because now my understanding is that the advertising date is expected to be in the fall. This was the appropriate time to have the board execute those instruments, get them recorded at the Registry of Deeds, send out the communications to the property owners. We have already sent out two rounds of communications. Most recent, July 1st, honor about July 1st. At the behest of Mass DOT, suggested we send out what was called an offer letter where we set forth what we expect the appraisals to date to show and explaining about the project. We included an FAQ page. We provided contact information for the planning department for anyone who had questions. I understand some people have called up and had some questions or needed more information. There would be another more formal round of notices of taking that will go out after the instruments are recorded and people can take those along with the W9 form, which we did provide in this most recent mailing and will provide access to in the website to come in and seek damages associated with those takings and those are damages that have been appraised by a qualified appraiser that we selected and retained. I'm just regretting not asking this earlier. I don't see the actual vote that we lost to taking. Yes, I'm sorry, I didn't write one out, but I would just ask that you vote to execute the instrument of taking in the form that's been provided to you or substantially the same form in case some changes have to happen. I don't expect that there will be any. We were making last minute changes up until about three o'clock today, but I think it is complete. But so I would just say if the board would vote to execute the instrument of taking or something in substantially similar form for recording at the registry of deeds. So moved. All right, so we'll go to the second. The second, Ms. Kaplan, I've forgotten you. Is there any board discussion? Ms. Kaplan. Thank you, Chairman Dunn. There's some questions in the interest of the public. How many total parcels or deeds are affected by this? The number of parcels is around, and I'm sorry, I don't have the spreadsheet with me, but the number of parcels is around 130. The number of total easements is around 225. Okay, have all the... Or 230, if you include the permanent ones. Yeah, have all the appraisals been completed? Except for, yes, all of the appraisals have been completed. There are a handful that will need to be redone. Okay, when these appraisals were done where the property owners offered to walk the property by the appraiser. They were. Okay, do you have signatures to that effect or people declining? We don't require people to sign. The appraiser handled that and has certified in connection with each of his appraisals that that opportunity was afforded. Okay, I've heard at least one report where the owners just weren't contacted or offered that. And so what's the total value for all the appraisals? It's approximately $82,000. Okay. And then the costs associated with the takings and the registry of deeds, fees and everything together. What's that total? The registry of deeds, fees are $75 per recorded instrument. So that's $150 plus $75 per page for the plans, which are 14 pages. 14 times 75. Okay. All right.  You know, some people have already made donations of the damages amount. Some others may choose to. They certainly don't need to. 20, 85,000 clients. Okay. How many donations do you have so far? I don't know. I think around a dozen. Okay. And these are revocable so people can change their mind. Okay. All right. And so these funds are coming out of Chapter 90 state funds that would otherwise be used for road repair and sidewalk repair. Is that right? They're coming out of Chapter 90 funds. I can't address the rest of your statement. Well, Chapter 90 funds are usually used to fund road repairs and maintenance, right? I don't know that these funds are coming at the expense of other funds. Yeah. Is there any supplemental funds coming from the state then just for these takings? I think you could safely say that yes, we would have used this money for other things. Okay. All right. And how much would it cost to just fix the bad sidewalk? Say 40 or 50 feet or so that. I've never seen an estimate that 40 or 50 feet. I think Mike. Mike, so we're honest with you. I show you've done those been very on point constructive questions. I've thought about this. Okay. All right. So thank you. I guess the total sum then is what eight? You said 85,000? Approximately. Okay. And that includes hours of legal work and everything or are you doing having to do all that? I'm doing a legal work. Wow. Okay. Thank you very much. Is there anyone else who wanted to discuss the vote and the takings on the takings? Thank you very much. All right. Mr. Jayver, please say aye. Aye. Before that is a three, zero vote in the affirmative. Thank you. Correspondent received Jane Howell who would like to thank the board for the receiving of our award of the Board of Circus Award or two per which I'm sure we thank her for thank you but she was the one who did all the hard work in this case. She was. Yeah, do I have a motion for a seat? So moved. Second. All those who are in position. Aye. Aye. Three, zero. New business. Right. I would just like to introduce what the avenue is. Spencer, I'm sorry, I don't know you last night so I'm just wondering if there's gonna be a new board. Bill. Welcome Spencer. Welcome to Arlington. I'll be back on the 19th for my request for a candidate. We look with breathless anticipation. To Ianna. And nothing new, Mr. Chair. Thank you. Adam. I have a few things. First, I wanna thank the board for their participation in our goal setting session in June. I know when we come back together in September we'll be once again furthering and finalizing those goals so thank you for spending a Saturday morning with me in June. In the board's packet there was a letter of grant award from the DEP from Commissioner Ken Kimmel in regards to a Mystic River Watershed grant we received. That was received in partnership with the Mystic River Watershed Association, the town of Arlington and the town of Belmont. The grant amount was $39,580. And that's gonna allow the towns along with the Mystic River Watershed Association to conduct research and analysis and review characteristic runoff criteria, surface and soil conditions that should hopefully result in identifying sites that could be used for future low-impact development projects that can provide additional water quality improvements. So I know our own town engineer, Wayne Schwinnard, put a lot of effort into getting this grant put together and will also be putting effort into seeing the grant expended. So I thank him for that. I also wanted to let the board know in their packet was a report based on the public website survey we had released as the board knows we're currently redeveloping and redesigning the town's website. And as part of that we asked citizens or really anybody who utilizes the website for feedback. So we had a nine-question survey. Just over 1,300 people took the survey and our public information officer, Joan Roman, condensed all of those results into a report which was provided to the board and will also make available on the town's website for anybody who took the survey to see the results. Some interesting results came back. Most people seemed to look at the site for what you would expect, town service information, contact information, emergency information, election information and so on and so forth. And the number one thing people would like to see added to the site or enhance that we currently don't have is online payment or permit transactions. So though that's not part of the website design, it's also something that's currently underway. So I think that was some interesting information we received back from the public in that regard. Want to let the board know and the public know that through the good work of our legislative delegation we did receive an earmark of $307,450 in reimbursement for last year's microburst. I believe the microburst was a year ago last Thursday or Friday, so it's just about a year since the microburst that we learned of that funding. So again, it seems like a long time coming but really due to the good work of our delegation staying on top of that and having it included in a supplemental budget. So I'm very happy about that. And finally, the board was provided with a memo on their desks tonight. We have five new police officers who graduated from the police academy on Friday. We're sworn in officially today in the selectments hearing room. And I had the opportunity to go to the graduation on Friday and I know Selectman Byrne was there and he might want to talk about it a little bit as well. And it was a real class act and I was proud to have five of Arlington's newest officers graduating from a class of 46. And that's all I have. Thank you, Mr. Andrew, Mr. Kirak. Thank you. I just, I think I just wanted to thank an awful lot of our town departments and employees for their support and help with the Arlington Live, the Summer Arts Block Party. In particular, the DPW, the police and fire did a lot. The fire department was great, helping us to stage a lot of the supplies and materials and tap into the electricity and they rolled out an engine which was for the children who attended, which was really a huge, huge hit, really made a big difference. And I want to particularly thank Mr. Chaptilane and Ms. Kruppelker and our office staff who gave us a lot of help and Ms. Rice also advised us on various aspects of this. And again, like I say, a number of our other departments and the building inspector and health department and such. It really was a great event. It was interesting to see Broadway Plaza used the way I think it was envisioned to be used with people congregating and using it. And I since then talked to a lot of the merchants in the area and they said it was just a huge shot in the arm for them. The summers are slow and they had just steady traffic coming through throughout the day. There are a lot of families with young kids, a lot of families with young kids came through that day. But some of the businesses told me that they were even seeing an uptick later in the week. People who had kind of gone quickly into their shops maybe and then wanted to come back and explore more. And I think you know this was an initiative that was really kind of jointly spearheaded by ATED and the Arlington Center for the Arts with also some serious involvement from the Regent Theater as well. And I think as kind of an experiment and a pilot project to see what we could do with the creative economy to try to marry some of those aspects, it really was a great day and a great experiment. And we learned a lot from it. And I wanna thank this board for the support for some of the various measures that we had to take as well to close the street and such. It was great. Yeah, I'll be quick. I just wanna follow up with Adam's comments about the police officer graduation that we attended on Friday. Just like to recognize John Costa, Thomas Kelly, Jess Scarbo, Bobby Smith and Alex Stodik who are new firefighters, are new police officers. They don't know, and what a ceremony that they had in Old Vanu Hall. This particular class they were going through when the Marathon bombings took place. So I think they had a little different experience than some of the classes before them. They all did the run to remember which was a half marathon that was completed by the entire class and they ran in form which was pretty cool to hear. And they also all graduated with a GPA over 90%. So that also makes you feel a little safer. And a couple other tidbits. We did see officer Dick Donahue from the Transit Police gave a pretty spectacular speech at the ceremony. And one thing I was, I guess I shouldn't be surprised to hear but just a other tidbit of information was officer Sean Collier had the highest GPA out of anyone who's ever gone through the Transit Police Academy and they have a new award named after him starting this year. But other than that it was excellent and we're lucky to have them. Thank you. All right. I do have a couple items that won't be too long. First off I want to just thank the town manager and our delegation again for the work on my first funding. It's a big deal and I'm really appreciative of the work that got that done. Received a letter and email this week from a gentleman who parked his trailer for two nights in the town parking lot who spent approximately 3,000 words seeing the praises of Marie Copoka. And so Marie converting school principals across the country one by one into fans where I like to mess chooses. You gave an excellent service and he was really glad to receive it. And my last item is about the CBA when we took the vote last month. I had originally planned on scheduling appointments tonight and I confess that I got nervous when we didn't have a lot of appointees. We're getting, or excuse me, applications as we're getting close to the deadline. And so I asked the office to extend the deadline and re-advertise which they did we then proceeded to get enough applications that I think were in great shape. We have had our first application that came in so the clock, so to speak, has started ticking. There needs to be a hearing. I have to double check my math to really be sure but it's approximately September 19th that the hearing has to happen by. So I have every expectation that we'll be able to make appointments at our next meeting which leaves sufficient time for them to schedule and act on a hearing before that does. So I just wanted to keep the board update on that since I changed my schedule. Okay, thank you. That was my last item. Do we have a program? I think that would be good, I think. All those in favor, please say aye. Aye. We are adjourned. Good evening and welcome to the Selectments meeting for Monday, August 19th, 2013. It's 7.15, I call the meeting to order and it's been brought to my attention that I don't usually make the announcement and I should that this meeting is being recorded and by members of the audience and by ACMI. So expect that that's why we have all the cameras and the microphones. All right, first up is the consent agenda. We have a number of items. The minutes from July 22nd, we have four approval paperwork corrections related to the update and transfer of issue, excuse me, updates, excuse me, we're updating the issuance of stock for monotony beer and wine. We're doing an approval for automatic amusement devices at the VFW on Mass Ave. We have a request to waive parking restrictions at Tufts and Foster Streets for the school year from Leslie Ellis School. And we have a request for the Center for the Arts, the 14th annual Arlington Open Studios, which is on October 20th. And we have approval of the annual Town Day Road Race on September 21st. And we have reappointments to the Tree Committee, Mary Ellen Orano, Eliza Burden, Lisa Decker, Patty Muldoon, Sally Nation, Ed Trembly. Is anyone who's on the consent agenda wish to speak? Mr. Greeley. I move approval for B through G. Second. Any discussion on B through G? All those in favor, please say aye. Aye. Aye. Could I have a motion on A? I move approval of A. Minutes of meeting, July 22nd, 2013. Second. All those in favor, please say aye. Aye. Abstain. Abstain. So that is three in favor and two abstentions. The end of one. Number two, vote authorized notices of taking on the Mass Ave. Corridor Project. Ms. Rice. Yes, thank you, Mr. Chair. Board's been provided with a memo explaining that sort of the, not sure what number step, the fourth step in the taking process after the approval of the orders of taking, which this board approved at its meeting on July 19th, is the issuance of notices of taking, which go to every affected property owner. And the notices of taking need to be sent out after the instruments of taking are recorded. So because there will be 170 or something of those instruments, what I've done is requested that the board authorize your staff to execute those instruments with your signature stamps. And the draft vote that I've provided for you would effectuate that authorization. And that is an appropriate way to execute these documents. Mr. Chair, I move that the Board of Sluckman hereby approves the issuance of the notices of taking to be issued in connection with Massachusetts Avenue Corridor Project and authorizes the use of its signature stamps by Board staff to execute said notices. Second. Mr. Mohan. I have a question. Mm-hmm. When we mail them all, are we gonna do certified mail, return receipts? Not, no, the expense would be prohibitive, but we- Legally, we can just send it out in the regular mail. Yes, we can. It's really, yes. Thrilled to have with us this evening a deputy town manager, Andrew Flanagan. Andrew, how are you? Good, Mr. Grayley. Where are we on this MSF project at this point in time? It's gone through 100% design and we're hoping to put it out to bid either late fall. But has highway approved, federal? I don't know the absolute status, but I can get your answer on that. I think that's what we're still waiting for, right? Julianne, do you know any different? I'm not aware that there's any formal approval process beyond what MassDOT is already working on with us. Yeah, well they've approved, but what I understood is we're still waiting for federal highway. Certainly the federal highway has sent back comments and things like that and the town is working with federal highway to provide them information they've requested for, but they've requested, but I'm not sure if there's sort of a switch that flips on before advertising. My hair was a dark, deep chestnut when we started this process. Hopefully I have some left when we get that final approval. Thank you, Mr. Chairman. Any further questions? All those in favor, please say aye. Aye. I'll post. Thank you. Next up, for approval, Skugmese revocation of common victual and wine and malt licenses. In our packets as boards, we have a letter from the former attorney of Skugmese. In part he says that he is aware that his client has relocated to Mexico. He's aware of some unpaid rent and he says neither Mr. Martini nor, neither of the names on the license are currently operating. And so we do not think that, he does not believe that the current operators are licensed to operate the restaurant. Is there anyone from Skugmese or any of these individuals here to speak? Mr. Chair, move we revoke the license. The common victual is the wine and malt beverage licenses. Second. It's moved and seconded. Is there any discussion? All those in favor, please say aye. Aye. 5-0. Next up, for approval, draft liquor license suspension decision and preventative steps. We have, so at our last meeting a month ago, we heard from six different restaurants on, and we found each of the six having violated their liquor license. And Ms. Rice has provided for us drafts of the final decisions for us to approve. So, and just for those of you who aren't here, three of us were president at the meeting. Two were out of town because they were unavailable partly because we rescheduled the meeting. I don't know where, this is behind. Apologies for not being here. And I did speak just very briefly with the chair on this issue. If I had been here, and I don't know if my colleagues want to entertain this, just as a court reporter and doing this over the years, I really like consistency in terms of how we treat each business establishment. And I understand from viewing the tape and the material submitted for the first offense violators. Not your average Joe's got one day less. They get their choice of days. And I know they made statements that they put a lot of money into the restaurant and the like. However, I feel small business owners, it's just as hard if not harder. So I was wondering if my colleagues, A would entertain, treat them all the same, including what we've done in the past. And I'm not sure Julianne Rice can correct me if this is something that I believe it's the police chief in town council or something from ABCC. But in the past, I always thought that the night that they committed the offense is included in the suspension. Or is that just, I'm thinking of ABCC? I traditionally, and the police chief also traditionally makes the recommendation that the suspension should begin on the day of the week when the violation took place. And I would advocate for that. And having worked in Boston at ABCC for about 12 years as part of the reason for inconsistency, but also including the night of the offense, that's sort of like, that's their punishment. That's their penalty to help you learn a lesson.  If you pay for it, I really didn't learn my lesson as well as, so I was wondering if there's any appetite amongst my colleagues on the first offense violators that they all receive the same suspension with the night of the offense to be included. I'd make that motion just for discussion. I'll second the discussion a little bit. I appreciate your search for consistency throughout these punishments. But if we're gonna hand out the same punishment to every single restaurant, why even have them come in? We have a hearing, we listen, they prepare presentations. We listened and discussed. And I think that the precedent we set at our last meeting was that if you prepare, you are ready to take corrective steps and you have those policies in place that you will, I guess, get a little bit more leniency because our main goal is to make sure this never happens again. And I think that's exactly what the punishments we handed out did. So I won't be ready to change that. Do you mind if I, or do you want to go, Mr. Carrar? If I could just say just a few words. I think that you zeroed in on not sure if it shows. Actually, for my own part, the vote wasn't based on the amount of investment. The vote was based on the track record of that restaurant of 13 years of no previous violations and the establishment brought in real voluminous amount of material. I mean, really impressive amount of material as to their policies, the measures that they're taking, as well as they specifically described actions they had taken with the specific employee in question. There was really a level of seriousness that went above and beyond in that case. And that's why perhaps it seems a little unusual, but it was, I think, given the amount of material we were given around that, that's what guided that specific one. But we did really take into account, I think, and through a deliberative process, we determined how serious the measures had been, were that had been proposed to remediate the situations in each case. And that's why we utilize the discretion in our policy. Mr. Greeley. Well, then I'd ask Mr. Kearrow, why Shanghai First Offense in 30 years was given four days? What's the rationale? First in 30 versus first in 13. What's your rationale for giving them four over three? Well, the rationale there was that we didn't feel that there was nothing that was presented to us in terms of a remediation plan. It was nothing that was brought in really in terms of. Well, you're arguing it was one in 13, so I'm going to your argument. Yeah, I understand that. I understand that. So they're punished twice. That was only part of my argument. Wait a minute. So they're punished twice, four days, and they have to start on September 5th. Isn't tonight an opportunity for them to come in and say, here's our remediation plan? Do we want to hear it before we make that kind of decision? I'm absolutely planning on hearing from the various plans, but one of my questions, actually, I want to clarify your motion. Is your motion to make them literally identical, or was your motion to simply change Shanghai and Sichuan from three day to four day? And I'm particularly talking about was it your intent to remove the submit preventative steps? Definitely not that. Okay, so you're only trying to change the number of days? Yes, I was trying to, since it's all their first offense in 30 years, 13 years, and then the other. And then the only other thing I would add, and I can split my motion is I really think it's important as part of what we give out in our penalty, that it includes the night of offense as town council and the police chief. And I know, working over the ABCC, that's consistent. And then the only other thing that I did discuss with the chair, and this is just my observation, is I believe perhaps some of the information that the corporate people from not your average Joe's were very well prepared, came in with a lot of materials, took it seriously and addressed it. But I think perhaps with some of the other business owners, just from viewing the tape and knowing them, I was saying like hackney licenses, sometimes I say to people, what's your insignia going to be? And sometimes when they come to the microphone, I always say, okay, what are you gonna paint on the side of your door? So I don't know if there was, I only speak one language. Some of them speak English as their second language. So I was afraid maybe some of the not seeing that they're coming forth. And I don't know if there was 100% understanding on both sides.  No, no, I should turn it over. And that will be it. Yeah. So, several thoughts about this process. And I'm gonna address what I think is probably, to me, one of the less relevant ones, but I'll tell you, the day that it starts on, I think that is up, we didn't, I agree, I know, and I listened to our council when she suggests that particular day. However, we didn't bother, we did not choose to write that into our guidelines. And it is up to our discretion. So it's to me, I don't, if we're doing it for a good reason, I don't mind changing that specific day. To me, and let me address now what I think is the bigger issues of this, which is, so last year, we sat here and we had four restaurants who came before us with violations. Three of them, and we asked them to make changes. We asked them to never come back, under the circumstances, and three of them did. And so the lesson I learned from last year is, we didn't do enough last year. Like the steps that we took weren't enough. And so I thought for a while about what that would be. And to me, it was I want to see these, someone who violated the liquor license, come forward with a set of substantive steps that will make a difference in how the outcome will be the next time. And so that's why we attached, or I recommended, or for what I supported, attaching, submitting the preventative steps to the board. And I definitely am looking forward to hearing from some of the people who have that step to come forward and hear about those things. I will also say that on the Shanghai House, at the time during our conversation, I misunderstood the woman who was speaking from Shanghai, and I only learned that after the meeting and I regret that that miscommunication happened, I don't regret still requiring preventative steps because I really think that those are a thing, but I know that at the time I was more upset than I needed to be because I had misunderstood and for that I'm sorry about that. And towards the discussion that Mr. Greeley and Mr. Currier was just having about not your average Joe's, I was impressed with their dedication to preventing a recurrence. And there was no one else who stepped to that microphone last month that had that dedication to preventing the recurrence. And that was why I was willing to support what is clearly a lesser punishment for them.  Now I agree, the size of business enabled them the resources to treat it more, but at the same time, some of the things that we heard of that microphone made my jaw drop in terms of failure to understand that we have to do things differently. So all that said, I'm inclined to hear from the various people and then talk about Mrs. Mahan's motion and everyone else's that, okay? All right, is there anyone here from not your average Joe's who wants to talk right now, given what they heard? Is there anyone from Shanghai who'd like to talk right now? Do I see you out there?  And just so that people at home know that in our packets, we received a copy with Shanghai of, let's see, from this day on, the manager will remind waitstaff of the alcohol serving guidelines every day. It is required to staff to check the ID of customers under the age of 35. And there is a policy that every employee, I'm assuming, has to sign and there are some pictures of signage in the restaurant. You already on it. Okay. Thank you for this package. Is there anything else you wanna add? And I do apologize for misunderstanding you at the last month. Oh, that's okay. It was only afterwards that I understood that I... I was confused at the time too, you know. So it's all right, yeah. What else would you like to, is there anything else you'd like to share about this packet? Well, just wanna repeat again, okay? Well, after my family and myself was very, we take it very serious about this matter.  If the person that was 1992, right? So you have to see if the month, not just the year, because, you know, 92, if it's in October, it's not over 21 yet. So that's why, you know, now we teach them more, you know, and the press, you know, make sure the date is not expired.  So, thank you. Any, thank you. Any other questions from the board? Mr. Kerrell? Yeah, hi, thank you. Thank you for coming back and for providing the information. Yeah, I just had a question on the policy you caused. I see that has a signature line and such. Is it the intention to give this to each employee and review it with each employee? Yes, we post on the, we post on the, you know, the waitress station, yeah. But I see there's a signature line, so are you intending to review it personally with each employee and ask them to sign? Thank you. Okay, any other questions from the board? Thank you very much. Thank you. All right, next up, Szechuan Dumpling. Is there anyone here from Szechuan Dumpling? And so for Szechuan Dumpling in our packet, we have a copy of a policy and some signage on the bar. There's one thing that I don't see explicit. Oh no, here it is. If you're in any doubt about the, no, that's not it either. I guess my question for you about the policy is who are you checking? You mean the customer or? Yep. We checking, I told my employee, is we checking every customer, they look like 35 or under. Okay. Yep, and then I got one policy over there and they post one on the, like a waitress station and after the other paperwork of that day, I have, you know, like a conversation with all of my waitress staff after work to require them to learn at least like one time and then read it and then I have another one in Chinese letting know, have to be checked, have to check all the customer, look like 35 or under. Otherwise we're gonna be like legal to serve alcohol, like in a restaurant. Yep. Questions? This is mine. Just cause I don't hear very well. I just wanna double check that I heard you say you had, you had placed a poster at the wait station. Yes ma'am. I'm just a little definite here, I wasn't sure. Any other questions for the board? I do have one which is, so I just recommend that the 35 isn't on this policy. You didn't write that part on there. I told you, but I'd write it in Chinese but I never asked. Okay. Put it in the English. Of course. I mean because it's a good to have a policy but if you don't remind people when to use the policy it's a positive part. Yep, yep, exactly. Any further questions from the board? So I would be carded then. Oh, right. Of course. I was waiting. I was waiting. I had to use it, it's okay. Chestnut brown. I dance. All right, thank you very much. And then I have like a little question over here. Sure. Is it possible, can I appeal, appeal like we have like a four days, like a liquid license expansion from September 3rd to 6th. And then I just curious, I was here like last month on July 22nd. Three gentlemen from not your average girls. They also like a first offense but they only have like three day expansion instead four. So here I appeal if it's possible to have three instead four. You're saying you're doing an expansion on September 3rd to September 6th? Six.  Yes, it's a possible two. Okay. So Mrs. Mohan has made a motion to do exactly what you are requesting. And I think we're gonna finish hearing from everybody else and then we're gonna take a vote and consider what you're asking for. All right, thank you so much. Thank you, Dan. Thank you everybody, thanks. Next up is Metahouse. And from Metahouse we have a letter from the owner and some pictures of signs that are on the serving, on the bar, excuse me, the refrigerator where the drinks are and signage that's actually on the table. It says ordering a drink, I'm going to have to check your ID. Thank you. Do you wanna, any other comments or thoughts about this? No, honestly, I think the visual really is gonna help. No more forgetting, none of that. Questions from members of the board? Nope, thank you. Okay, thank you. Thank you. Is anyone from Sobsi here? Sobsi did not, had already provided their items. Is anyone from Sweet Chili here? Okay, neither the, just so we're clear, those two were not obligated to appear, neither was not your average Joe's. So if they had chosen to, they were certainly welcome, but they weren't obligated to be here. So we have a motion from Mrs. Mohan on the table, Mr. Greeley. So have we received notification from not your average Joe's? We went to notify us. They did. They did. In September 2nd through the 4th, which is. They chose three consecutive days, which mooted one of the elements of the recommended punishment, which would they have, or yes, which they had separate days. Well, just a couple of points. First of all, Mr. Chairman, I strongly support your position with having three of them here a year ago that have now returned, and perhaps for us to be even more, you know, trying for a different result. These are serious offenses and we recognize that this is what leads to unfortunate accidents and problems, but I very much support Mrs. Mohan's motion that we change Shanghai and Sichuan dumpling from four days to three days with all due respect to my colleagues who were at these regional hearings that I was not. So your view is certainly more important than mine in this case, but I've sat through a lot of these and we have often had people here who don't come prepared with a very solid plan in place, and I think you have made it clear they better from now on. We have also, in a number of instances, allowed the owners to choose the date. So Mrs. Mohan's point, maybe when we review these, we look at that again about, we wait them all do it on the same night or we let them all choose. I mean, this is a big hit for businesses. This is many restaurants, in my opinion, their money is made at least as much on alcohol, that the margin is greater on alcohol than it is on food, and others of them, it's just a service they provide and food is their main business, but I really think that I would like the message to go out. I understand we have the three to five day leeway here, but I really think we, once in 30 years for Shanghai, I'm not as familiar with seshuang dumpling. You know, I feel we should give them a little break even when we add language as an issue. I'm sure the corporate boys from Not Your Average Joe's didn't struggle with the English language when they were before us, but I wasn't here again, so. But I would ask for leniency in this case, and it's not leniency, we're removing their license, their license to serve alcohol for three days, and again, I respect my board and what you've done and where I hear, I'm pretty sure I would have thought for the same thing, I want it clear to people, your first offense, you're losing your license for three days, period. And I can certainly understand if you don't, as the chairman has now warned, come in here with a nice attitude of where darn sorry it should not have happened, and here's why it won't happen again, there probably will be more stringent suspensions in the future, but I just support Mrs. Mohan 100, yours was basically both of these to three days, am I correct? Just that, and on the issue of the night of the offense, I feel having this discussion, you all already had the hearings and there's an action plan in place, and it would be unfair to change that, but I do take the chair's suggestion that in the future, looking at our guidelines, first have the discussion, I'm not saying three of the five of us agree with that, but I think it would be unfair, where you've already given it out. So my motion would be, as Mr. Grayley said, to treat all three and give them all three days, instead of one, a three day and two or four day. Mr. Brown? I am not going to support Ms. Mohan's motion. I'm not going to support it because in the guidelines, we have to look at, we can do three to five days, and what that is based on is the presentation that's given to us, and in my opinion, it became very clear, you know, where not Travis Schoes did have a substantially better presentation, and you know, whether or not that comes down to their resources, I'm not sure, but I think that if we're just going to give out the same punishment to every single first offense, why even have them come in? You know, we are, our job is to, you know, kind of weed through the presentations and see what we're comfortable with, and I think that the three of us, I'm not speaking for them right now, but at the last meeting, we made it clear, we listened very intently, we had an in-depth discussion, and I'm still comfortable with our conclusions at the last meeting. Mr. Kira? I'm inclined to support Steve's position on this as well. Sorry, I see that, but you in the swing seat, but I agree, there was just, it's a level of preparation, and we actually, the next set, the second offense is we also see the same, where we did not give the same sanction in each case, and it was related to the level of, unbelievable. Of preparation. You don't see language as a barrier in giving people, what about the presentation tonight? Did they not come forward with plans? Wasn't that what tonight was to give them the chance to do? If people want to do it. And if you're really going by presentation, it means everybody better hire a lawyer to come in here, and I don't really want to get into that on this. Hey, sure, but I, boy, your compassion on a language issue here, because two corporate guys come in who speak English well, and two Asians who come before us who don't speak it so well, maybe had some misunderstanding, but have come forward with plans, you're sticking it to them, in my opinion, unfairly. I have some, I have a comment, but if you wish to reply, then. Go ahead, Mr. Chair. I, what I wanted to, the parts that I felt most passionately about this, we got, which is the, what I, at least a studying and interest from the parties of how to change the behavior, whether they can actually commit to it, whether or not they can actually execute it, is something that only time will tell, but we at least got better than I'm gonna train, you know, I'm gonna train them better. Towards the point of, on the first offenses, and something you said earlier, Mr. Early, which was, if there's a first offense, then, you know, and we get, then there should be a three days and we can go from there, and also towards the question about whether or not the presentation was good enough. I'm, given where we, I'm willing to look at where we are now, as opposed to where we were a month ago, and so, well, the attitudes, the present, not just the, when I say presentation, and I don't mean, you know, what are they wearing suits? I mean, what was the content of it, and what did they actually talk about substantive issues? Those things do matter to me, but at the same time, we got to where I think we needed to be, and given that their first offenses, I'm willing to say that they're all three in the same place at this point, because I think that they have all three gotten to the same place. Two of them took longer than the other, but they got there. So, I'm going to support Mrs. Mahan's motion. The starting dates, I think, are still, because the not-your-average shows would have been an interesting argument, but it's been mooted by the three days they changed, so I'm glad that we don't have to argue that one. Mr. Burr, no, Mr. Currow, sorry. I need to ask a clarifying point of the chair. Please. Because I feel that you had put this proposal out on the table around using the indefinite suspension until preventative steps were presented as kind of the lever, and now we're saying that actually the trade-off for presenting the preventative steps is not just to avoid the indefinite suspension, but also to reduce the original. Honestly, if I think back to where we were... But I'm willing to be flexible. I just want to understand better where your thinking is on this. Where we were a month ago, the question of three versus four, I just didn't think about it that much because it didn't concern me as much. And I don't remember which one of you made the motion, and given that the motion was there, I didn't care passionately enough about four versus three. Perhaps I should have said something at that time, but the parts that I really cared about got into the motion, and so the three versus four I didn't worry about. Clearly, Mrs. Mahan and Mr. Greeley are passionate about the three days and the precedents that they've set in previous administrations, so to speak. And they're persuasive to me. They clearly are passionate about three versus four, and that is persuasive to me. Just to be clear, because I am willing to be flexible, I just want to understand, because this proposal on the indefinite term of the suspension was presented as the lever. But if... I'm not sure I'm understanding this. My recollection, though, was that this was kind of a creative proposal that you had placed on the table during the deliberations. And I think that if you feel confident that... Oh. It still meets the spirit of it. I do. Oh yeah, so I think... I am willing to be flexible on this. I think that the preventative steps that we've seen in these packets meets what I was shooting for last month. And it's definitely more than we got a year ago.  Only time will tell. But I feel better about it now with those steps in front of me. I just had briefly on the last three where we do have two different terms. I totally agree with that because I did view the tape and I felt those three second offenders were all on the same playing field, did all their presentation that night. There wasn't... And I'm in agreement with two at 10 and one at eight because I listened to what you took in the evidence and that made sense to me. Mr. Curell. Oh, sorry. Where was the second offense? That's where I'm at. Yeah, I understand and I'm also willing to reconsider but I think that changing this right now says, moving forward, if you're caught one time, don't even bother come in. Just send the policy to the board and we won't have a discussion on it. And that's what I think we're essentially doing now. And I don't think that's a strong way to move forward. So I'm not going to change. Mr. Curell. Well, I actually, I would agree with you if somebody didn't show up, but we, I think the goal that we were shooting for is to have a policy. And so if that is the result, that's fine. I'm willing to be flexible in this and to, I'm sorry, but to swing to our other members' position on this, I guess for three reasons. One, because the chair, you seem, you had put this creative solution out during the hearings. You seem to feel confident that this is satisfied. The fact that, I don't think it was presented to us that how, just how, I don't think it was clear to me that with Shanghai Village that they had been in business for so long without an offense. And there is the matter of misunderstanding, I think, during the hearing. Also, a piece of information that wasn't in the written pack at some Shenzhuang dumpling that they are actually going to take proactive measures to address any potential language misunderstandings within their staff. I'm willing to go along with the motion. But I just want my colleagues to know that, that these decisions last month were taken in good faith. With Mr. Greeley, which I've said, I respect my colleagues and this is my only chance to discuss it, so I wasn't here. So I would have made these points. To me, as I looked at it, two of these first offenses are being double hit, four days versus three, and they have to start on a particular day. So I think all we're doing here, we're still slapping them more than we are not your average Joe's. But, you know, and I think, Steven, we are now discussing it, and sorry I wasn't here for the last time to discuss it. But if we're doing this, where we're giving people a chance to come back to present their plan, I think they've done so and I think it's reasonable. All right, any further discussion? So we've got a motion on the table that would have the effect of reducing Shanghai's suspension from four days to three, reducing Cezuan dumplings from four days to three, and it also has the effect of accepting the preventative steps in writing, which we had said must be delivered to the board. Seeing nodding, so I think we're ready for a vote. All those in favor, please say aye. All those opposed? So vote four to one, the matter is disposed of. Okay, next up, transfer of common victual or license. Mr. Pang, Ms. Pang, of Dragon Pang's Ink, doing business as Golden Taste Restaurant. Ms. Pang, I apologize. Yeah, that's fine. Hi, good evening. My name is... Oh, I'm sorry. I apologize. Don't worry. Chair or Madam Council, did we not have to also adopt a motion to approve the drafts that Ms. Rice had prepared for us? I kind of assumed that I was implicit in the vote. Would you like another vote? No, that's fine. I have by hand made changes on those two decisions, which your staff will input tomorrow, and then they'll be finalized as voted. Yeah, I, okay. Okay, I'm sorry. If there are any other changes that the Board wants to vote, I'm happy to take it. I apologize. Please start. Don't worry, thank you. Let me introduce myself. My name is Andrea Kuo. I'm the power legal of Attorney Court's common service. Tonight I represent the clients, Mr. Quen So Ping. He is the president of the Dragon Pang's Ink, doing business as Golden Taste Restaurant at 14 Meffel Street. Our application is basically for the change of ownership of an existing restaurant serving food only low alcohol. The new owner and operator will keep the same name, Golden Taste Restaurant, same sitting capacity. The only change he's looking for is to extend the business hour to 1 a.m. Seven days a week from Monday to Sunday. So beside that everything at the restaurant, the layout, the design, and the food nature is going to be the same, Chinese takeout. What are the current hours? I think they open until 11. I have some comments, but I guess on that last point to Town Council, do we have, why do I have 12 a.m. in my head that don't grant later than that? There is a town by-law, and I'm sorry, I don't have it in front of me. I didn't realize that this was the issue that was being requested, but there is a town by-law that limits the hours of restaurants that can be, when they can be in operation. And I wanna say it's a different, an hour shorter on Sunday. It may be. So when we take the vote, can we make it contingent that your hours of operation will give you as late as we can under our town by-law? I understand, for some restaurants with legal license, they have a lay open on Sunday at 12 noon? Right. Yeah. The thing about Sunday is that it has to close earlier. I think, but we have to double check the hours. All right. So what I'm saying is our vote will be contingent, will be based on, has to be consistent with what our town by-law says, how late you can stay open. We'll give you whatever we can under our by-law, but I'm pretty sure 1 a.m. is a little too late. So I'll just let you work with Town Council and the selectman's office. All right. So our vote will be contingent on that. You have to comply with that. That's all right. And then I just had two questions if my colleagues don't, or if my colleagues wanna go first, right? No, you're up first, go for it. Okay, I just wanted to just double check in terms of your maintenance plan. The waste management company, have they been the same waste management company that has been servicing the restaurant before? I think before they have another majority serving, providing to Yathomstab, and now they're trying to compare the price. Okay, I was gonna say, yeah, which one the price better, which better service better, they will definitely do it. Fine, because I've never seen them here before, but can you just make sure you are the manager? Sure. Make sure the trash maintenance company knows. We also have a by-law of when they can come to pick it up Monday through Saturday, and then I don't think this pick up on Sunday, but that's another thing you'll have to check to make sure waste management is familiar with it and JRM and stuff, but I don't know that McGogan is. And then the other thing, if you or the manager could also check on the lawn care company that you have, if you can just make sure they know that the town of Wellington had a long discussion, about a year and a half about leaf blowers and lawn companies, and tail meeting came up with a compromise of how and when and how long you could use the leaf blowers. So can you make sure, maybe through the selectman's office, you can get a copy of that and give it to your landscaping company as well as this one. I don't think the building is right in the center. There's no green land. No, but there's certain things, certain times you can operate them. There's certain, tail meeting agreed to a compromise, no more than 30 minutes. They said per square feet, one leaf blower per 6,000. All the landscape companies in Arlington participated in this compromise, but I don't remember seeing pro-tech. So I just want to make sure that they're aware of it so that you don't get a call from a neighbor or whoever because a lot of people in Arlington are aware of what the new rules are. I just don't want you to have, so just check those two things in terms of make sure the trash company knows when they can come, not too early, as well as make sure the landscaping company, and they may already be aware, just because they weren't at that group of meetings, make sure they know the new bylaws. You can get that through the selectman's office. Thank you. If that's that would be it for me. I saw Mr. Currow's hand up today. No, I apologize. The approval subject conditions are set forth. Second from Mr. Mohan. Any further discussion? So we had a number of conditions. The hours are specified as set by the bylaws and the other conditions are from the various departments and I think the points that Mrs. Mohan made are very well received, or well-spoken. Any further discussion? All those in favor say aye. Thank you very much. Welcome, good luck. Thank you. Make sure you card. All right, next up, request outside seating, sidewalk at Yummies, which is 474 Massachusetts Avenue. Would you mind stepping over to the microphone please? Thank you. Welcome. I'm Martha Penzenic. I'm the architect of Yummies and I'm here to represent my clients and I have expanded packages here that I would like to. Okay. Thank you. I am not. Thank you. Thank you very much. Good to see you again.  I'm just back from a weekend with her. I'd like to start with the drawings and these are two slightly different proposals. The package that you received first was just of the outside and then I had a request from the building inspector to show the seating that would be removed inside during the time that the outside seating is being used. So that's why you have a bigger drawing here. One drawing, which would be the first one in your packet, shows retractable belt barrier at the outside edge of the seating next to the curb and then the second one shows planters there instead. So I wanted to speak to both of those things as we go along. As you can see, in each case there are three outside tables, two seats at each one for a total of six and we're proposing to have an umbrella at each of the two outside tables because we wanted to keep the umbrella canopy small at six feet and couldn't really put a third one in the middle because there's not that much room. We've got an expanse of 16 feet nine inches for the storefront width. As you can see, we have four feet 10 inches between the storefront face and the edge of the canopy. It's greater to the table. It's six feet six and a half inches and this more than meets the town bylaw requirement for sidewalk width, for people walking on the sidewalk. The sidewalk there is 10 feet 10 inches from the face of the storefront to the inside face of the curb. We decided to put the tables to the outside edge instead of right in front of the store because there's kind of a natural barrier set up there by the tree grates so that this way people can just continue walking straight on the sidewalk. They don't have to kind of weave around the tables. In the other package that you have, there are in the photographs of the umbrella, the table, the chair that you've seen before and I've added in the retractable barrier but there are also two photographs and one of them shows a retractable barrier at a restaurant and then the second one shows planters, low planters which in responding to comments that we got about the first package and a problem with the higher planters, we would propose putting in short ones much as you see here. This is at Barismo in East Arlington. I saw those this weekend. Yeah. Don't peek at them. Yeah, yeah. Move approval of the presentation. Sorry, I just want one moment. So just to, if I remember correctly, the sidewalk here at Barismo is wider, right? It is wider. Just wanted to double check that it wasn't. I think it's probably around 12 feet. There are three, probably four foot sections and then there's a little brick strip and then the curb. Okay. Mrs. Mulan. Move approval. All right, we will move. Love to draw a condition. Is there a second? Second, but I do have some questions. Seconds. Mr. Cura. If I, thank you for all of this material. We did get some, I think you know we got some comments back from the planning department. So it appears that you've addressed the issue of the planters because the concern there is the ability for cars to open their doors when they went by. The umbrella span, I'm looking at this material, I don't see how tall the umbrella is that they said that you would need an eight foot height on that. Yeah. And yeah. We would make sure that's the case. Okay. I think that that's important also for the same reasons, obviously for passing pedestrians. And it looks like when I compare the Barismo to your plan that you're actually planning to only have two seats on each table. Correct. Correct. So that you're not taking up quite as much width. Right. Okay. Mrs. Mohan, did you mean to move the planters or the barrier or either? What the, in accordance with what the planning department recommended. Oh, do they say that the planning department says- Doesn't it say in there? I'm going to find it. They actually said they weren't prepared to. Yeah, they didn't actually. Yeah. Mr. Chair, that was going to be my question. Which way are you going? You've shown us two options. Right. Well, it's for discussion. If you felt that one was better than the other from your standpoint. So. Okay. Well, then could we pass this and ask that it be referred to let her speak with planning and let them because I feel they haven't- Well, I'd like them to weigh in on the second one. Just on that, but we approve the tables. I was approving what was originally before us. Let's go for it. I apologize. So I feel I'm comfortable supporting the retractables. I'm not comfortable with the planters as currently described. Oh, okay. So I definitely could be persuaded that especially if the planning department came back and said, oh no, actually now I'm totally fine with the planters. That changed my mind. But I actually really get their point about, because the other thing about this picture as you see is, sorry, we just- Well, you may not show me the point that I made Mr. Chairman about parking and opening doors. Exactly. Yeah, that definitely really did concern me. And in the example with barismo, those planters are, you know, that looks like a couple feet off the curb, whereas the diagram of the planters in this big thing, the planters are really right on the curb. They're not literally on the curb. They're on the edge of the curb. And so part of me is like, you know, if I see it and it has the, if it works out really well, and it actually turns out there's more room that I can visualize right now, then maybe I'd be okay. So maybe you're right. Maybe I would rather just defer to the planning department. May I ask a question? Sure. I had located everything such that it would be keeping the available sidewalk to its maximum width. We can reduce that down to four feet. I feel- Yeah, no, I like the sidewalk too. Yeah. Sorry, yeah. So actually the reason for me that this one is relatively easy for me to approve is because you have so much sidewalk space there.  And I think that that's a, I like it. I think it's a really- Thank you. Mr. Deputy Town Manager, would you be comfortable with us leaving this in the hand of the planning department? Absolutely. Okay. Yeah, I was just going to, on this picture, these chairs would be removed. So if you can picture these three tables being pushed over. It makes a nice little- It's very nice. Yeah. All right. I don't know. I just want to make sure planning is okay with that. Whatever the final plan is, it complies with everything America with Disabilities Act as well as it says in here that the sidewalk use services can only involve the sidewalk and if we get into, it's also not taking out one or two parking spots. That's why, so if we can refer this to plan, I'm comfortable with that. Any further comments or discussion or are we comfortable with that? No. Please say aye. Aye. Thank you very much. So should I schedule an appointment with Carol Kowalski to discuss this? Yeah, and I'm sure you'll be able to get it done one way or the other. It's just a matter of making sure they're happy with the parking. Okay. Thank you very much. Is that good? Thank you. I like it. I think it's going to be neat. So I, yeah. They're live. All right. Next up, Officer Ratau. He's going to talk to us and we've got a couple of different items for you. For us. First up is parking regulations on Field Road, Billy Road, Loughlin Avenue, Churchill Avenue, and Newman Way. Thank you for joining us. Thank you for having me. Good evening, everyone. Basically, we've been receiving complaints about the people parking in excess of the time limits in that area of Bailey Field, Newman, Churchill during the day. And we've been getting calls to enforced parking there and they've really started to come in towards the end of the school year. As you understand, it's probably mostly high school kids and rather than trying to just start off with only a couple of weeks of school left, try to say, you know, explain to the person, you know, it'll alleviate itself in a little bit and we'll address it prior to school starting. One of the things that we would like is to have consistency in the area as there's some areas that it's one hour parking, some areas two hour parking through research. Some of these things I found out have been up for 25 to 30 years, but they were only supposed to be trials, but they've been there all the time. So what we're hoping is that being that the signs have been there that long and so that we can truly enforce these complaints when the people come in that we have it consistent in the area, because it seems a little backwards that a long mass abbe can park for two hours, but in front of the residences you can only park for one in some of the areas. So that was what's asked. I laid it out each street took measurements of where it should be just to change the signs. The ones that are already one hour parking change to two hours, make sure that the other ones that are still supposed to be a trial period for 30 years that they're in the traffic rules and orders in article five section two, schedule one. And then also along that island in Lachlan they actually allow parking is posted for parking on both sides of the island to remove that parking alongside the island so that it really makes an hour roadway. So I think it's a little safer if we take out the parking along the island. It's pretty much it if you have any questions. Mr. Greeley move approval second. Second by Mr. Byrne. Any discussion Mrs. Mahon? Just one question. I gathered that you're going to be coordinating with the superintendent and the principal so that everybody's not surprised when they come back in the fall as well as I can, I can hear the. That's calling me now. That's what that's why I when it was asked to me to try and get signs that were faded and replaced and everything and I was so close to the end of school year. So it's going to be coordinated with the school resource officer, the principal and so forth so that, you know, they know they know it's coming because we mentioned it to him at the end of the year but it's going to be reminded to him again before school starts. Okay, good. I'm going to be hiding on the football. I understand. Any further discussion? All those in favor please say aye. 5-0, thank you. Thank you. Officer Tobe, Bates Road traffic. I don't have my nose with me. I thought this was going to be pushed off till the next meeting. Oh, would you, if you want us to. And I, oh, you have a copy? I'm here. Thank you. In a nutshell, this was a matter that came before the board, before with Bates Road looking for traffic calming and measures and also asking for time parking limits on the roadway to alleviate some commuter parking. I had originally wrote an opinion and they came back and they asked that it be addressed with the Transportation Advisory Committee, which I'm also on. And since I had already been working with it, I said I would take the lead on it and also in the interim, the two petitioners, Ms. Romano and Ms. Baron. She can't, both of them came in the meet with me and the chief of police since I had already been familiar with the area. Over the past 10 years, I've been fielding complaints about speeding on the roadway. I had done numerous traffic studies on the roadway and it appeared to be more of a visual and perceived problem than an actual problem because all the data always came back that the speeds weren't as fast as they always assumed. And even as part of the massive corridor project, accurate counts came in and took counts and their speeds that they received were pretty much about the same. But nonetheless, I said I would take it on again and took some measures. One of the things they were concerned about was a crosswalk by Raleigh. So I had a crosswalk warning signs placed up there. Prior to doing any kind of counts, I did place a portable traffic trailer to it's a speed awareness monitor so people would understand how fast they were going. I had it out there for about a month or so, both directions just to alert people they've actually commented that it appeared that it had an effect. And then I waited to the spring when we had good weather as this came about towards the end of fall and I put out more counters again and I took my third set of counts in 10 years and the data pretty much came back the same that there's no significant speeding on the roadway. And as you can even see in your packets there where I put in like a enforcement estimator and it came back listed as a low reason for enforcement on the roadway. And I was giving it a pretty generous margin of saying I believe I said 36 any car going over 36 miles an hour which isn't most police officers won't stop someone going 30, you know, five, six miles over but I gave it such a low one and it kind of show you that it's really a low percentage. And also there was complaints of truck traffic where there's signs posted saying no trucks. I'm not sure if you're aware or not but only mass DOT can impose a truck restriction. Those signs have been there for ages. And there's no truck restriction. I've double checked this with mass DOT so the signs should not be there and most truckers who drive around locally usually know when restrictions exist so you might get some trucks going through there but nonetheless it wasn't really any significant trucking going through there. Believe I didn't review but I think it accounted for about 1% of the traffic traveling through there. And so I'm sorry, sir. No, I just wanted to the chairman and I'd like to speak only after you're done. Okay, basically in a nutshell, in conclusion, my feeling was that there was no need for traffic calming on the roadway as traffic is moving as it should be within, you know, tolerable with intolerance of the posted speed limit. However, the posted speed limit sign that's on the road is another sign that's not supposed to be posted because it's an absolute speed limit sign and there's been no speed assessment that's been submitted and approved by mass DOT to have a speed limit sign on that road so it should be a thickly settled area like pretty much every other side street in town. So my suggestion, because since it is illegally posted by law it's supposed to come down but just so that they wouldn't lose a sign there we could put an advisory speed limit of 30 with a thickly settled over it and that would kind of still have, it still would have a sign on the roadway. It just would be the proper sign to have posted on there. And also since the truck restriction does not exist and the low volume of truck traffic will probably negate any chance of mass DOT saying we need to put in a truck restriction that the sign should come down. Mr. Greeley. So I move that we remove that truck sign and that we place the 30 mile per hour speed limit sign with the thickly settled sign. Advisory speed limit sign, yes. Advisory speed limit sign. And it's so interesting to me that the two who complain about speed on that street are yet opposed to a traffic signal being placed on Mass Avenue which to me clearly would slow down traffic but perhaps not. Maybe I'm wrong. I've been wrong before. It is worth commenting that the two of those they did after having those conversations they did withdraw some of their requests. They learned a lot I think through this process. Second. Second, is there a further discussion? Thank you for this. I forgot they also after discussing with them they withdrew their request for two hour parking. Right. And the speed table they took off that too. Yeah. I would just say thank you for this. It's a thorough memo. I mean this is a key point. Very well done. Thank you. Any further discussion? All those in favor please say aye. 5-0. Unprepared to everything. All right next up we have a request. One space on street overnight parking at 72 Newport Street. And it is from Omkar Vartek. Come on up. We've got a letter in our packet from Mr. Vartek and we also have a recommendation from Officer Roteau to not grant this because it doesn't meet the criteria that we usually use. So you're swimming upstream but go for it. Sure. Good evening ladies and gentlemen. As stated in the letter, I'm resident of 72 Newport which is listed as condominium. And it comes with two parking spaces. The other two parking spaces granted in the driveway belong to the other unit at that location. And we have three vehicles unfortunately. And I currently park at the Bracket School which is a 10 minute walk up a 40 degree incline. And I need to remove my vehicle from there before 7 a.m. So that's the reason we submitted a request to allow us for one parking space in front of 72 Newport. And Newport Street is a low thoroughfare street. There's not much through traffic through that street. And I do not believe it would be an inconvenience to the general public. And it would cause, it would really alleviate a lot of inconvenience that we're currently facing with this situation. Thank you. Mrs. Mohan. I did go by there and viewed it from the street. And I understand your dilemma because I live at 23 Howard Street. I have the same issue. I have a handicapped parent. I have anywhere from four to six cars. Viewing it from the street, I'm going to be recommending no action. I want to explain why. If I look at it from the street, there's a very big garage that if you had three combat cars, you could put them in there, but you could definitely put two. Then there's a long driveway that you could put four or five. And then there's also, and I have the same thing, you can also put another car because the driveway goes like this. There's the big garage, but then there's also some paved land here. And I have the same situation at my house. And I get up at 4.35 in the morning because I have to move my mother's car, my daughter's car, my car. So I don't want to set a precedent that we're granting overnight parking. One of the things is hardship case and parking doesn't exist. And it is a condo association 72 and 74. I believe it's for the two residents to work out with their condo agreement that they have. You can definitely park six, seven cars and they're easy. And I don't, it isn't really hardship. It's a pain if it's not a hardship when you have to get up and move cars around. And we do have a piece of correspondence from another neighbor on Newport Street, not 72 or 74, another neighbor saying, this situation exists everywhere, please don't grant this. And I don't think this fits our criteria in terms of when we do grant overnight hardship. Was that a motion? If I may make a comment? I'm sorry, we're gonna go through everybody and then I'll give you another chance. Mr. Really? Well, I wanted to ask you a question. So when you moved in, did you know you had three cars and only two spaces? Yes, as Madam explained, we were hoping to utilize existing parking spaces there. But the thing is that our neighbors have a young child and there's one more on the way. So that's the reason we cannot block the driveway at any time at all. And because they are gonna have young children and God forbid if they need to have an emergency in the night and they need to leave, we wouldn't want, if you're not home or anything like that, we wouldn't want anything that to be an issue. And probably that's the reason they will also not agree to us propose. We proposed this to them, but they were not ready to do that due to this particular reason. So you're asking for this until the woman has the baby? Am I understanding you? You're only asking for it so they can get out in the middle of the night? No, I mean, I don't think they would be ready to do that because they're gonna have young children and I don't know if it's their paragraph that since we do not have more than four spaces allowed by the condo association, that is not something they would be agreeable to given their situation as well. Thank you, Mr. Chairman. Can I just add there are only two registered vehicles for this address, according to the DMV and only two registered drivers. So there is no third car. I would. And there's a condom or something. I'd actually like to hear this comment. You're up, Mr. Chairman. Could you comment on what you were just about to say about the two registered vehicles and two cars? I can provide registrations of all three cars which state the address of the new port as supporting documents. No, thank you for that. But also I'm gonna support Ms. Mohan's motion here. And I think that or I understand that parking is a difficult issue and I think we all do and we've tried to deal with it to the best of our ability. I would urge you to speak to some of your neighbors and see if maybe they might have some room that you could potentially rent a spot. And I think that's the best way to move forward. I think you're gonna have to get a little creative, unfortunately. Right. So I'm sorry about that. Thank you. I have distributed flyers all through the neighborhood but I didn't get a single response. I've spoken to the immediate neighbors on Newport and the federal speed bar. None of them have even one space pending. Mr. Curator, do you have a comment? Yes, I will also be supporting the motion in favor of the two of no action. I mean, you said you have documentation of three registered vehicles but you only have two licensed drivers. Is that correct? No, there are three licensed drivers. There are three licensed drivers. Well, I mean, unfortunately this is a situation we need. I mean, I'd recommend also talking to other neighbors about potentially sharing keys or whatnot. That's coming down. Yeah, well, it's unfortunate but we did receive negative recommendations from the police department, from the fire department and also from the butters and certainly the police and fire are concerned about the public safety as well. My comment is, so the town has chosen pretty emphatically to have a no parking on the street rule. I was the last year at the ballot box I've got 66 or 64%, I forget what it was and I have no problem overturning that the will of the voters when there is a hardship case but unfortunately I don't think you're meeting our criteria of hardship. So Mrs. Mahan has made a motion. I don't think it had a second. Is there a second? Second. And having been moved in second is there any further discussion? All those in favor of Mrs. Mahan's motion of no action, please say aye. Aye. I'm sorry, it's a tough but it's a dead town and we have a, the parking is a real challenge. All right, thank you for your time. Thank you. Okay, next up we have a vote to approve the 55, excuse me, $550,000 MRA loan or assistance grant. The town treasurer is unfortunately unable to be here because of a family issue and so he asked that we approve this in his absence. The show moved. Is there any, is there a discussion? Second, any further discussion? No. Thank you. All those in favor, please say aye. Aye. That's four zero. I think Mr. Kiro has briefly asked himself because I did not call us a break, which evidently I should have done. The other thing I should have done, Officer Rutoas, thank you. Yes, thank you. I confess that I get like this thing, I'm like, okay, that one's done and I move on to the next one and I forget to say thank you. And I thank you for your time and coming in. I'd like to thank you, Mr. Chairman, for thanking. I'm in the middle of these two. Can I just, why Officer Rutoas is still here? When I get to new business, the board of selectmen we all received an email from a gentleman who did the request answer center was contacted by Dan Warren. I'll be happy to give you this. Regarding Warren and Franklin and Dan Warren, no relation to Warren Street, suggested that this issue is more appropriately addressed by the board of selectmen. So we didn't get it through the request answer. That was his response. So what I'm gonna do, you don't have to take it now. We're gonna talk about it in new business and probably refer to TAC and it will get in the cycle. I just wanted you to be aware of that. I actually, so just so you know, I emailed the chairman of the TAC this afternoon and I asked him if they wanted it. I haven't checked my email yet, see if there's a problem. Okay, cool. We're tap dancing for a moment while we wait for our fifth member before we move on. Yes. Is it already? Okay. Can I give Corey a copy of this just so you know what we're talking? Corey, do you want to check? I'm not asking you to do anything official until the official person asks you, Joe. Joe, I'm sorry, I would apologize. I forgot, I didn't cause a break. That's fine, okay. We've just been dancing. We have. We haven't done anything. Next up is item 11, National Grid Petition, Sunnyside Avenue, Fremont Street, Dennis Regan. Good evening, my name is Dennis Regan and I'm the permit representative of National Grid. And tonight, National Grid respectfully request your consent to install and maintain 152 feet more or less of four inch gas main in Sunnyside Ave, Arlington. From the existing four inch gas main at house number 59-61, northerly to Fremont Street and approximately 78 feet more or less of four inch gas main in Fremont Street from the proposed four inch gain in gas main in Sunnyside Ave, westerly to the existing six inch gas main. Both approval, nothing to do with our conditions, we'll set forth. Second, and thank you for notifying the butters. That's the Mahana. And just one question under your additional conditions, under number six, when you talk about any disturbances and sidewalk, roadway, that would include if it should happen any driveways of the residents. I know you don't anticipate that to be happening, but I just want to make sure that that's included there. It's not just the town and land, the curb. It's if that gets disturbed. I'm not saying it would, but you're committing to it. I held to very high restoration standards here in Allington, and I'm sure we'll hear that. Careful cutting trees. Okay. Any further discussion? But there are butters here, right? Thank you. Oh, sorry. No, you were absolutely right, Miss Freely. I would have screwed that up, and I thank you for catching it. Are there any butters here on Fremont Street who wish to speak to this issue it being a public hearing? Thank you for the more reminder, Miss Freely. I would have sailed right through it. Rightly so, as it turns out, Mr. Chairman. Any further discussion? All those in favor, please say aye. Aye. Next up, same public hearing, Dennis Regan, National Grid, Grove Street. Grove Street Place. Oh, thank you. Yes, Grove Street Place, thank you. National Grid hereby respectfully request your consent to install and maintain approximately 188 feet, more or less of two inch gas main in Grove Street Place, Allington. From the existing two inch gas main to House Number 22, Westerly, to Serve House 29. Second. Move to site, Mrs. Mahon. Same understanding under Number 6. And then just as an aside, because we have you here, we do have a utility company that the Chair, I don't know if you want to speak anything to this. Sure. Yeah, I'm not sure it's relevant to your company at this time, but we have a problem with double poles, unsightly poles, and unsafe poles, as in power lines. You do pipes. I'm on the pipe side, I'm on the gas side. I understand. But, so just in- Is National Grid, the electric analysis? No, it's, well, sorry, it is, but it's Verizon. And so, most of the poles are Verizon, and Verizon is the company, let me take a step back. Because of this problem with the poles, we've adopted a policy that says that when individuals from utilities come before us, if that utility has a problem pole, we're going to talk to them about it, and perhaps not approve anything for that. And I guess I'll be surprised if we come to that with your company, but at the same time. I just wanted to let them know, because the utilities say it's not just us on there. Yes, before we start these jobs, we have to go for a street opening permit. And with that goes a pre-construction conference with the Public Works Director. And everything is... It probably won't happen in your case, if it doesn't be very rare, but I just want as the utilities come forward, let them know that we're embarking on this journey. I think you're, I think, yes. I hope, I suspect we'll never need to have this conversation. But just in case, there is a policy, and we'll talk about it if we get there. I understand. All right. Thank you, thanks. We have a motion and a... I'm sorry. Oops, yep. Excuse me. Thank you. I did, I almost forgot. I just forgot to get sidetracked. Do you want to come on up to the microphone, please? No, you were not rude at all, sir. If you could come on up to the mic, introduce yourself, and let us know what your thoughts are. Dennis Regan, you're the one that represents the gas company. Yes. We're in the road street place. Sir, if you do mind just address us. Oh, excuse me. Any questions, I'll be happy to refer through again. Order of Selectment, and Rika Palka, who I know, the manager and deputy manager, and Mrs. Rice. Appreciate just speaking on this because we have a street that's small. It's a dead end with a turnaround, and it's been really caught up with repairs from the gas company at the moment who has done exceptional repairs. But there's been previous ones, and the place was paved in 76. The asphalt is very tough, dry, and very bad condition. It actually looks very messy. We're just wondering how it will be addressed. We're not stopping the gas company, gas companies, as their rights, and so forth. But there's no plans that we have to see how the mains will go up. It's just stated that it's going to be 188 feet, and so forth, to the abodus. Do I have a map of your feelings, primarily on the even-numbered side, if possible, off the edge of pavement? So that's what the plan is. But things could change when whatever happens out there with the pre-construction conference, or with issues with the digging, or whatever, but that's the plan. And we, bound by state law, if it's more than five years old, by the way that we repair it, by the compaction, we normally backfill three-foot deep hole in what they call six-inch lifts. Plastic pipe will probably be installed here, and they put it in a bed of sand, and then they put six inches of the fill, and they pack it down. Additional six inches, they pack it down, come right up about a half foot before, and they put the rough asphalt in, and then they put the finished asphalt in at the end. Yeah, I'm aware of that, but they did have, they have already done some lines to different, they already have put in some lines to different abutters, and the main now has decided that it has to be bought up, and we understand that. But if there's some manholes or whatever that, we don't know where they're gonna be. Now Mr. Regan is mentioning that it's going to be a shot way off the sidewalk, but we also have a stream there that comes, it's an old brook that is between properties and crosses streets and comes up very high. So there's a lot of things that have changed plans as well, I'm aware of that, but that's why it's been cut up so much. It was, original cuts were made, and then they found that it wasn't, there was no main there at all, and then when they got through they found out that they didn't feed another house that should have been. So one way we could possibly go forward is that we've talked to Mr. Regan fairly frequently, and you can look over his plans and make any recommendations, and we can approve it, and then you'll get a chance to talk about it, and if there's something that hasn't done up to code, then we can talk to him about it again. We can invite him back to a meeting and ask him to talk about it again. Our options right now, however, though would be to say we could disapprove the permit, which doesn't sound like the right things for us to do. So I guess I'm inclined to say that perhaps you two could exchange phone numbers, go outside and walk through the plan, and then if there's any future conversations, and you have something that you're not satisfied, you know how to get ahold of Marie, and Marie knows how to get ahold of us. Well, how's the town going to handle the street though that has more paving put in by gas company than by the town of Allenton? In other words, the ratio there of other trenches that are already in, it really needs to be paid. And I just want to double check. This is a town road, not a private way. It's a town road. It is, okay. Mr. Deputy Town Manager, Acting Town Manager, can you review with the DPW Director what the schedule is for the repaving of that road? Right, we have a pavement management program, and each road in Allenton is assigned a pavement management index, and we'll pretty quickly be able to see where it is in terms of future plans. So the answer is I think we'll let the DPW Director and the Town Manager handle that answer. A few years back, I don't know whether it's, well, a few years, it could be 10 years or 12 years back, they put liquid on and then just put stones, and that is not a great surface. It's a short time of six months. It was 12 or 15 years. No, no, we'll definitely follow up on that, and if it's not going that way, just call Marie and we'll get it back on track. I think that's right. Thank you. Very good. Are there any other butters who wish to speak, seeing as I've screwed this up twice now? No, no. All right. Any further discussion from the board? All those in favor, please say aye. Aye. 5-0. Thank you, Mr. Regan. Very much. Thanks. All right, next up we have an appointment. Cynthia L. Hamilton for the Arlington Historic District Commission. Hi. Hello. I'm Cynthia. I'm Cynthia Hamilton. Thank you. I should have eaten dinner before I came. I just want to share a few sentences about yourself. We have your letter, I think, and a note from Mr. Ward. And tell us about why you're here and what brings you. I was born in Arlington at Sims Hospital. Went to school in Arlington. And five years ago, I bought my childhood home back at 45 Jason Street and loving every minute of it and very interested in historic things in the neighborhood. And I thought I'm almost historic myself. So I'll give some time to it. Questions from the board? Do I have a motion? So I'll move approval. Second. Second. Any questions? Thank you. Thank you very much for serving. Volunteers make the town great. And we really thank you for your time. Look forward to it. All those in favor, please say aye. Aye. Aye. 5-0. Thank you. Next up, zoning board of appeals. So as the board knows, we have two vacancies from resignations on the board. And I asked the board to recommend a process where I interview the applicants and come forward with recommendations. We had four applicants. And I met with them all. I'm really happy to say that we got a really good crop of candidates. It's also worth noting t