Good evening everybody welcome to the board of selectmen meeting for Monday, June 20th, 2016 If I could the board of selectmen in our town manager Adam chapter lane Would like to open the meeting with a moment of silence and recognition of the many lives lost in the senseless strategy tragedy as well as Victims injured in the in Orlando last week Thank you so much. Appreciate that first item on the agenda Vote preliminary denial of the Comcast license first. I turn it over to our town manager. Mr. Chapter Lane Thank You madam chair So we have here tonight three members of the team that's been bargaining with Comcast myself Town council dug I'm former town council and chair of the cable advisory committee John Maher And we also are represented by attorney Peter Epstein who has a specialty in Cable license negotiations This is tonight what we're asking you for is really more of a formality to allow us to continue to negotiate with Comcast But I'll let mr. Maher attorney Maher speak to you in more detail. Thank you, mr. Manager the the light excuse me a little bit of horse because of a cold Because the Comcast license expires on July 21st, and you won't be meeting Presumably before that we do we do need to take some action. You simply can't let it expire So because we have not as the manager indicated because we have not reached an agreement It's really a formality a preliminary denial is not that uncommon when you have it reached agreement We continue we will continue to meet the customer base for Comcast. We'll see no changes that the programming will continue I don't want to go in too much detail about the issues in dispute, but I think it's common knowledge they rate essentially a relate to ACMI and what Sort of programming public access access could be provide which is a very valuable resource for the town I should I might add We're very disappointed with Comcast position with regard to making a you know ACMI continue to be a vibrant Community resource None of the items that we're requesting would add a dime Or detract the dime from Comcast Bottom line these are all pass-throughs pennies literally pennies on the dollar And it's very unfortunate the Comcast position is really retrogressive from the existing contract They're not even willing to provide the existing contract So we're very disappointed, but at some point I assume we're reaching agreement But this is a preliminary denial and we would respectfully ask that you make that vote before I sit a personal note Every time I come here Be it Even when I'm not here on 715 on Monday night B. I'm laying on the beach in Churro Rat pull up at the Kentwood. I always say to myself Johnny. There's only one place. I'd really rather be Bless you here And one third note if I could and I really feel strongly about this much more seriously I want to congratulate the Board of Select been the town manager for running a very first-class operation in this town and I think it nothing could be more evident after the vote of the Taxpayers and the voters of the town it was a reflection of what we want for our school system but it would the Quantum of the vote speaks to something else and I think along with the school committee and my colleagues on the Permanent Billing Committee who continue to bring projects in under budget and on time everything starts with the town manager and the Board of Select and and kudos to all of the leaders of the of the override The debt exclusion effort but it begins with the Board of Select and and my hats off to you and Congratulations. Yes Thank you John, I personally can take very little credit for this but it is It's it's overwhelming. You know, we keep talking about old and new Arlington and all of this well New Arlington was out there and and very well-led might I say by many In this room as well But when I think of what it took us to pass the first overrides and debt exclusions. It's it's just it's It's it's a tribute to this community But that said on this Comcast license take me through the worst-case scenario So we go all the way to okay. We're not going to renew your license. What happens that? I mean that is always a possibility. It happens very rarely But if that would be the case that we have a final denial Then Comcast would appeal directly to the licensing authority and we would have a hearing for you It would be a formal adjudicatory hearing. You'd be well apprised of the framework for that in the ground rules but it's very that would be very serious matter and It's likely they would be taking testimony It's likely that Comcast would present the bevy of attorneys flying up from New Jersey It is a most serious matter It is not a place that any of us want to go but until But if until we get from Comcast a legitimate fear to both sides license Mr. Greeley it is a possibility Has it happened in a community? It's not happened in any community in Massachusetts that I'm aware of but it has happened in some communities Well may have had actually may have happened once in Massachusetts and I'm sorry to bring this up so late in the game But I'd like to add something to ask you three to negotiate with Comcast is I really would like us to see a Senior rate many other communities Comcast And we actually have one here and we have one with RCN as it is I see and so it's a modest one But there is one it is a recognition that some people are on fixed incomes and it's a legitimate request and The manager is the head of our bargaining team But I think how we could safely say we recommend to him that we'll include it in the next round of negotiations Thank you, and so I move to now is that what's my what's my vote John the the vote is Move the proposed vote is by as it's provided in the Tom manager is on the board of select men in it I moved the board of it select men in its role a statutory issuing authority for the town of Arlington is here by issuing a preliminary assessment of denial of Comcast in Massachusetts one inks cable television renewal proposal to the town of Arlington dated February 11 2016 the board of select men will issue a written statement of reasons in accordance with to a seven Samara 3.06 Three something like that detailing the reason church preliminary assessment of denial and hereby authorizes the chair to sign said statement second Motion by mr. Greeley seconded by mr. Burn And I just want to say on the Other matter that you brought up I do want to highlight and thank many citizens including like former town council John Maher Precinct 14 rocks who really was out there We had a lot and you know parents of school-aged children who were involved in this effort But I can tell you from my precinct all the way up until election night John Maher Once again was out there involved and actively canvassing and I think that's also a good testament when we talk about new Arlington that as old Arlington's Really are still Staying involved, and I think we're reaching that base and we're all coming together So I want to thank you John for you know like you said we Johnny on the Cape We followed your leadership madam chair and that of Clarissa and the other chair of the committee I just want to highlight and as we go forward over the next two years that We take the dead exclusion seriously and our fiduciary responsibility around that And I was able to co-chair this effort as well as the 2011 override with mr. Fosk it shally Fosk it where Myself and the board of select men and the town manager said we wouldn't come back for three years It's now been six years. It's looking like we probably won't come back nine years perhaps even more than that and I only say that as a declaration to to the voters of Arlington that we take it very seriously That when we go to the voters for a dead exclusion or an override that we've looked at every other option possible that This is something that we need To to move forward as well as we don't just do it Expeditiously that that's our first and last response to solve any operating costs or Renovation rebuild costs. It's really our last resort and I think also reflection in that vote I'm I think and I hope that that the voters also recognize that and we have such an overwhelming Yes on all three questions. It's a well run town. Thank you on a motion by mr. Greeley seconded by mr. Burn and you further questions if not all those in favor say aye those opposed unanimous vote good to see you Excuse me next we have a discussion conservation restriction Washington Street Brattle Terrace We have our former colleagues like men emeritus Clarissa Rowe and Ms. Nellie Akinhead and some others Yes, and the people that own the land Thank you We're here tonight only as an informational session. We're not asking for a vote. It's just a preliminary Discussions so you can ask About this parcel of land that you had on your desk about five minutes before the meeting our apologies we're representing the Arlington Land Trust and If this works out, this would be the third conservation restriction in Arlington the first one was put on Home on Brantwood Road by John and Patricia Warden many many moons ago The second one was up at Sims and that was quite a large one and and this would be the third and I'm going to turn it over to Nellie and Laura and George to answer any of your questions and go through it, but we're not looking for a vote tonight just informational So I think most of the information is actually in front of you But I thought I'd just give you a two-second summary and then if you have questions You can ask me or here we have the property owners themselves. They would have all the answers I'm sure the conservation restriction would protect The bulk of their property which in six parcels totals an acre and a half, which is a lot of land for Arlington It's very woodsy on the slopes There's open fields and lawns on the top so it's good habitat for a variety of animals And also it's right along the bike path So it provides a nice woodsy buffer there and it can be seen from a lot of points in town Like if you cross Mast Ave and look back you can see it because it's up on a hill So it's our two zoning. There's 600 feet of frontage 63,000 square feet and it's a mix of habitat Our hope is that we could get the CR done and recorded by the end of the year It's a pretty ambitious, but doable timetable if we do that You'd probably have a draft in front of you sometime in July or sometime in August We'd try to get it to the state by September and then there's you know There's turnaround with every every time we put it out there's turnaround and edits And the conservation Commission, of course would be involved It requires approval of the grand tours the Arlington land trust the board of selectmen the conservation Commission and the Commonwealth of Massachusetts We've reached out to the conservation Commission in a similar way and expect to be meeting with them relatively soon Mr. Dunn What's the role of the Arlington land trust Well, there's always a grantor and a grantee and the Arlington land trust will be a grantee in other words We would hold the conservation restriction jointly with the town of Arlington So we would co-hold it. Okay, and what would is what if this goes through? What would be the impact in terms of like, you know taxes and all that stuff? How does that work? Well, as you know, it's a town by town basis a lot of this land Right now there's six parcels the total assessed value is around two million dollars I would say these are just rough figures But around a million of one point no around one point five is in the two houses in the house lots So that presumably wouldn't really change the most of the rest of the land is assessed as undeveloped There's one parcel that's a set assess a develop a bowl So presumably when you put a CR on it it becomes undevelopable so that might have a slight change It depends on how the assessor reassesses it after the CR okay, thank you Mr. Carol The orange and the orange is this the more slow map that the slope map So the orange is the steepest slopes everything in the red squares is included the red yeah There would be a building envelope So not the entire 1.5 wouldn't be protected There's a building envelope in the middle where they have their house in their garage and all that and where there's another house That's just gonna remain as is and it appears from this map that it does directly a but an existing conservation parcel as well Right right and the bike path which I tried to write in the bike past right there Basically the bottom of Washington Street's kind of a dirt road. Yeah, right it kind of a bus the bike path in the way Mr. Grilly so I'm colorblind, but I'll Whatever But what what what if they want to sell that so does this mean the houses can't be touched or sold or rebuilt or They can transfer what basically what happens is there'll be a building envelope Which has yet to be established around the houses and they'll be certain they can do whatever they want in the building envelope But it's gonna be pretty neck limited The rest of the land will be protected and then there are prescribed things they can and can't do Out there like they probably can garden and that you know, it's all written out in a long complicated document But it would be defined the town would have to agree the owners would have to agree I say we have the owners Laura Morissette and George I I don't know if there's anything you want to say I certainly want to So Preserving it the way it is that's our main objective really We learned that we can actually say some money was surprised by that But there was a primary goal One time we looked outside of something yellow But to see and it was some people camping the finest secret area They and they did believe that it was a public member they were just camping they were all set up So we say sure you can stay there because it doesn't affect us just clean up after yourself Just want to commend you and thank you for your initial steps in terms of generosity to making sure that this parcel for the environmental and other reasons stated that that can be Safeguarded in the future as well as what you just said in terms of Love of the town of Arlington and Almost for the years in that place and then before we lived in Arlington as well. Well, I On behalf of the board we all commend you for your generosity and thinking long term when we're perhaps none of us will Will be but a memory, but this will be something that lasts longer than me So I know you don't need to vote tonight, but I just wanted to wish you Much success on the journey ahead of you and let's see what we can do to get everything done To get this done by the end of the year and thank you so much for this Generous contribution. Thank you. Thank you for having us Okay, next we have Think keeps it going off. So I'm gonna go back to paper. Sorry consent agenda. We had the minutes of the meeting June 6 2016 we have revised Minutes on our desk here tonight reappointments all these terms terms to expire June 30th 2019 the Cemetery Commission William McCarthy Conservation Commission Curtis Connors and Nathaniel Stevens Chow's Turone Constable Richard Boyle Human Rights Commission Sherry Barron Mel Goldspeed Goldsype. I apologize Mel Library Board of Trustees Joyce Radocha Open Space Committee and La Roya David Wright Park and Recreation Commission Leslie Mayor Trust Fund Commission Augusta Haydeck We have appointments of new election workers Megan D'Corsi seven Cheswick Road Democrat precinct 15 Cal Proctor 291 Appleton Street unenrolled precinct 19 Teresa Proctor 291 Appleton Street Democrat precinct 19 Joy Spaff Adora Spaff Spador Rafa Spador Rafa, sorry 33 Lennon Road Democrat precinct 21 we have for approval Allington Center for the arts open Studios pole banners linda showmaker on behalf of the Allington Center for the arts its executive director approval Zah alteration of premise for sidewalk cafe permit permit at Zah restaurant 138 Mass Ave, and we also have from our town manager at Adam chapter lane f y 2016 year-end transfers Is there a motion move by mr. Burn? seconded by mr. Curell Is there anyone here to speak to any of these consent agenda items if you could just come up to the microphone and Just for I'm sorry We're there Look how efficient we are. Thank you. I'm Pam Shanley, and I'm Arlington Open Studios for the last 17 years so having these pole banners is really helpful to get the word out And just in case you don't know it's the second weekend it's the weekend after Columbus Day weekend in October and we'll have over 80 artists visual artists selling their work We'll have about four Musical groups playing we'll have food from area restaurants, and you all invited and it's two days Saturday and Sunday 12 to 5 and having these banners is so helpful to get the word out because as you know That people need reminders, so this is a great reminder, so thank you. Thank you Good I really just do you know when when you'd like them like from when to when dates wise Um, September would be great to have them up in beginning of September and through the event How do we figure out? We always I think we generally defer to the office. This is Cropelka Yeah, yeah, well soon as we can obviously the more time the better, but whatever it is within your Okay, great. Thank you. Thanks, Pam Hey on a motion by mr. Burns seconded by mr. Kiro any further questions if not all those that say aye all those opposed unanimous vote Next we have agenda item 9 Wellington cultural council Gabrielle Maraugh term How are you? I'm good. Thank you I've lived in Arlington for 10 years. I've never been to anything like this. It's very impressive I've served on boards before I work in corporate America, and I just wanted to make a contribution To my community and join the Arlington cultural center Cultural council, so thank you for the opportunity if you have any questions for me Okay, and thank you for coming tonight We just ask for initial appointments that we get to see the person face-to-face as well as definitely God bless you for Doing this because it's quite a task. You're about to embark on that's what I've heard, but that's okay I work in corporate America yet to find a committee or task force in Arlington That is a name only you're gonna be doing a lot of work, but certainly have perused to look through your curriculum vitae resume You have a lot of attributes that definitely will complement the committee And I really do appreciate you doing this because this is part of the reason why the fabric of what Arlington is Thank you for the opportunity. I appreciate it, and this was very interesting. Thank you for letting me sit in No worries First we have to have a motion of approval by hurry second Mr.. Burns seconded by mr. Grilly any further questions or comments if not all those in favor say aye. Thank you. Have a unanimous Oh, thank you. I love their energy as she jumps up Has it applied up for citizens open forum, okay, I'll then I'll read the preamble and then Except in unusual circumstances any matter presented for consideration of the board should neither be acted upon or a decision made the night of the Presentation in accordance with the policy under which the open forum was established It should be noted that there is a three-minute time limit to present a concern or a quest And I believe we have If you could just come to the microphone, we know who you are But if you could just say your name for the record for everyone else watching Hello, my name is Darcy Devney. I live at 110 Thorn Dyke Street and In your correspondence received you have the letter from my husband and myself about eliminating the basketball court from Magnolia Park Plans, I would like to start by saying I think there are lots of positive things about the Magnolia Park Plans But I think that the residents of the neighborhood have been Really ignored and disrespected in this whole process, and I'm hoping there's something we can do about it Or rather you can do about it. I Want to clearly outline the lack of communication from the Parks and Rec Department to the Magnolia Park neighborhood parks and recs have talked Repeatedly about how this was an open and inclusive process. It was neither The PRC director claims that there were quote months of public meeting and consultation with the park's users end quotes I'm sure that putting the words Magnolia Park on a department's regular monthly meeting agenda Satisfies the minimum legal requirement of being called a public meeting But I think we can all agree that it certainly doesn't satisfy even minimum even minimal ethical or democratic standards Since those regular PRC meetings never had more than four members of the public and only two of those people were there for Magnolia Park After the decisions had already been made those were not public meetings There were three real public meetings and ideas meeting a drafts meeting in a final meeting But residents were not notified of any of these meetings The only people who were notified who attended the first meeting and the friends of Magnolia Park How are the butters supposed to know that they needed to check the agenda of a specific department? No one was warned the department was making long-term decisions about the park next door Is every resident of Arlington expected to subscribe by email to every single department's monthly agendas and read them closely To make sure that the town is not planning to make permanent changes to an abutting town property It's in the bylaws that a person seeking a special permit from the ARB Notify all a butters It's in the bylaws that the conservation commission must notify any direct to butters And in fact that is the first official notification that the direct to butters got was from the conservation commission about The hearing that was held last week for Magnolia Park So how can a town department get away with making changes that affect residents including property values rental values? Without a single notification to the people who actually live next to the park let alone Residents of the general neighborhood who use the park. I'm not going to go down the list of all the places that There weren't any notifications But I will say the first public input meeting was held on 27 October 2015 The final designs were presented at the third public input meeting on the 26th of January 2016 So this was a 90-day process start to finish Most proximal stakeholders were left in the dark It's a catch-22 isn't it anyone who protests now is told it's too late You had your chance, but if homeowners were never notified about the meetings They had basically zero chance of finding out in time to have any input whatsoever So because residents were never notified in time that they have no rights when they finally do find out I am appealing to you tonight because that is not a fair way to treat citizens of Arlington As a neighbor said it seems that if you don't play soccer have a dog or when the garden plot lottery There's less and less room for you in our parks another example Arlington spending $75,000 for a basketball court that is unnecessary and unwanted Because a few people at the first meeting said they would use it more if it were in better condition Arlington's using up 2,300 plus square feet for a basketball court in the second smallest court in Arlington a Park that is also asked to be one of only two community gardens in Arlington Which is why the dawn redwood was slated for destruction. I presume at this point everybody knows about the dawn redwood problem The proof that many resident many many residents were and are interested in exactly what gets done during the Magnolia Park Renovations is in the dawn redwood petition This petition was started June 5th when locals noticed that the tree suddenly had an orange X spray painted on it Less than two weeks later more than 400 people had signed that petition That's 400 people who felt they should have been notified about the changes planned to Magnolia Park and had many ideas No one ever heard Versus the 32 people who actually found out about the meetings in time to attend them as Long-term residents of Arlington. We feel completely Disrespected as regular voters of Arlington. We feel completely ignored as taxpayers whose property values are affected by neighborhood Adminities such as Magnolia Park our rights were abrogated by being completely left out of the process Whether inadvertently or not Now the residents of the Magnolia neighborhood must endure the ongoing and permanent consequences good or bad without any recourse Unless you do something Thank You Darcy You have any questions Nope Well, I would have to one is So, I mean I hear what you're saying and You know notifications, etc. But why are you specifically against the basketball court? What is what are your reasons for not wanting a basketball court there? Well as as I showed you in that diagram There's plenty of them already as amenities go in Arlington So it's a very small park and if you look at the the designs You'll see that everything's kind of shoehorned in there in an effort to have it done the community gardens For example could have expanded in a different direction and there wouldn't have been the dawn redwood problem at all Which hasn't actually been solved? If there was a little more room in the park to move around further more The backboard is now going to be a little farther away from me Thank you and right next to still right next to My neighbor's bedroom window and she was never consulted never told Nothing and I think that's that's just disrespectful. I can't understand how you cannot tell direct about her is what's going on Okay, thank you and Chair to Town Council. What actually is our authority here on this? the Board of Selected so I Think this is a little bit far-field for a meeting ironically, but this wasn't noticed as a part of the discussion but the You know parks and rec permission has general jurisdiction over their Properties and the decisions that are made there and the Board of Selected can comment on anything the Board of Selected wants to comment on but I Wouldn't think that this is something that would come under the purview of of the board and under ordinary circumstances They don't have final authority. I'm going we're not going to go back and forth. I gave you more I gave you close to six minutes. So and I would just I'm gonna call my oh you done I just want to finish with so I certainly would would before I'd make any comment want to meet with the parks and recs commission and See if there's neighbors in I just say I'm somewhat cognizant of this issue as well as Park and rec commission meetings having followed them myself and I'm just gonna respectfully disagree in terms of They're getting notice out. I want to say just since I've been following it. It might be close to two years Little over a year and a half that they've been going through this process Getting out proper notification Having public meetings, which you did site and I respect the fact that use you say we And if you have any names of people butters of likewise beside yourself talk to my neighbors I agree But but I have followed along in this process and I know that Joe Conley and the park and rec commissioners Have spent close to two years on this issue and gotten the word out as much as they can had public meetings Having another one upcoming And I know they take their duties and responsibilities as serious as we all do on boards and commissions and Certainly will work towards whatever the common good is in the end But I'm gonna again respectfully really disagree with probably 75% of your your characterizations in my opinion mischaracterizations of the process as well as Park and rec commission. We do choose these individuals and I Will call on my colleague mr. Dunn and then if I could ask mr. Chapter Lane if he has any comment Just having dealt with you know parks and the like Getting renovated. I know there's nobody out there not trying to get information out. Is it a perfect? Layout that you can reach everybody all the time. No, it's not but I really feel that You've you've cited at least a year's worth of meetings that have occurred Yourself and your neighbors certainly could have gone to those. I think it might be sometimes you see all these meetings and you're like Perhaps don't not yourself, but neighbors understand the importance and of Going to these things, but there's been close to two years energy spent on this and discussions and public meetings So I feel confident. I would not want to send any sort of Individual message on behalf of myself to the park and rec commission because I really feel that they lived up to the standard that We asked them to and conducting matters like this But mr. Dunn and then if I could mr. Chapter Lane, I just want to say that so You appear to be disappointed when I didn't have a question for you Well, you usually do Dan Actually, well, the thing is is that like so one of the things that I like is to hear both sides of a conversation And I haven't had that opportunity here And so I've heard I've read and so what I do from here is I you know I make a couple phone calls I look at a couple things so I don't have a reaction for you because I don't feel like I know enough yet so I Heard you but I don't have a response or an action at this time. Mr. Carol and I'd also like to say that, you know, I Don't have a question for you right now much the same reason But also there's the chair said you know except in extraordinary circumstances We don't usually engage him back and forth during citizens open forum It's a time for people to raise their their concerns. I will say that on principle I'm generally very hesitant to to try to Direct the way that other boards and commissions carry out their there That you know the commission of their duties. We certainly have the opportunity to Affirm or not affirm that the manager's appointments as as there's turnover on those boards when they come up But I on principle. I'm generally very hesitant to do that But we certainly do have sometimes conversations with our colleagues on other boards and I'm hesitant to Criticize final word Informational piece I was going to add for the board is construction is slated to start this week. So any Action would really cancel the project for this whole year to go back to design the design would I Would assume would be to such that we'd have to rebid the project And delay a year. I obviously, you know if the Parks and Rec Commission felt that was necessary That could be done, but there would be there would be a great deal of upheaval involved in stopping this and changing it Okay, thank you. Thanks for coming out Okay with that we'll go to agenda item 10 Request for a third space on Street overnight parking at 20 Sutherland Road is Adela Mamani How are you? Okay My name is Adela Mamani I've been living here in the city of Arlington for almost 11 years and the reason that I'm here is because I would like to have I don't know if you permit a third space for overnight parking We don't have a driveway and we are allowed only to have Two spaces to park in front of the house And the third space would be for my daughter that she went back from college. So Oh, we don't have my space Just let you know and you may be aware we have a report from the Allington Police Department recognized Recommending not supporting granting this third request. I will tell you it's Extremely rare, and I'm trying to think myself of where we've actually Supported three requests because one of the sort of tenants besides, you know no possibility of a driveway and Topographical issues The area that the house occupies is also not granting overnight parking beyond the actual physical Footprint of where that house is so that you don't You won't be overnight parking to the left or the right in front of another residence as well as we also take into account What impacts of any this would have on the property across the street, which does have a handicap Parking space delineate delineated there for someone that has handicapped residents in that home as well As they have a larger not just your standard car that they're parking in that handicapped spot. They're parking the larger It's not a bus but a larger vehicle there and Having this directly across the street Definitely would affect that so I Can't make a motion because I am the chairman, but I just want to explain to you just my years having served on the board It's very rare, and I can't think of one case where we've granted three overnight parking to one residence And then all those other issues that I brought up that as long as they're in front of the actual residence Which this would not be as long as they're not impeding any safety concerns, which we do have the handicapped Parking spot across the street with the lodge vehicle for several Individuals who live there, but I would look to my colleagues and mr. Burn So I agree with everything that Miss Mahan said I don't worry Who would we call a boat or who should she call about potentially renting a spot at herd field parking lot? Okay, so I think that that's probably So what what a officer roto recommended was potentially seeing if there was a space torrent at herd field overnight Which is not too far away, so I would so I will move no action And I wish there was a better way forward for you to have a spot outside But I think that I'm going down and trying to get a spot at herd field might be Might be an appropriate place for that third car So I will move no action, and I hope that you'll take us up on that, and I hope there's a spot there Motion no action by mr. Burn seconded by mr. Greeley any further questions or discussion if not all those in favor say aye All those opposed, so if you call the selectman's office tomorrow She'll get the information. Okay Thank you Just want to point one thing out on the letter from Marie Bell She quotes previous owners of number 20 So the limbo were granted a permit under a hardship as they were having difficulty selling the house without parking Absolutely is not true. This board does not grant overnight parking spaces to help the sale of a house That that's just a little inaccurate Thank you Agenda item 11 approval draft alcohol license suspension decision common ground 319 Broadway We have our town council attorney Heim who I want to thank for working with all members of the board on this I Won't say complicated issue But certainly an issue that had many different parameters to it and being able to sort of encapsulate it and Bring our thoughts and votes to Pen and paper so if I could first attorney Heim Thank You madam chair The decision the draft decision before you I know there were a few iterations that were communicated the board of selectmen it was a Complicated discussion only in so far as the board put a lot of thought and had a lot of back and forth as to what they thought was the most appropriate Form of discipline and the extent of discipline after it made its findings So I tried to encapsulate the board's discussion as Far as I understood it. I understand that there might be some Different recollections about what the final motion was in terms of Days to be total days served. I'm sorry not total days served But total days on the suspension But there is agreement that there's a 14-day suspension that there's a Three additional days to be served my understanding is that there's a little bit of disagreement about whether there's a Five-day suspension with two of those to run concurrent with the 14 days or not But otherwise, I think this encompasses the consensus of the board in terms of the evidence the board from probative the boards Received in treatment of the license holders Arguments as well as the license holder stated intent to serve all 17 ultimate days that they must have their Their alcohol service shut down Consecutively even though that's not necessarily What was moved upon by the board so any questions or comments? I'd be happy to modify the decision as the board thinks is appropriate But if this encapsulates the board's understanding and perspective on this It's ready to go and before I call on mr. Grilly. I do want to note that I've heard from many residents I'm an honest goodness. I have in terms of you know common ground this being a second offense The seriousness with which this board and our town officials take this matter and I just want to commend Attorney Hyme our police chief Fred Ryan as well as Inspector de Francisco because Quite a few people noted that When they watched the hearing that a term attorney Hyme and others Conducted that evening and it certainly covered every single gamut certainly recognized the seriousness of The issue before this board for a second offense certainly covered the gamut in terms of affording everybody their ample in their due process and Quite a few people you know from going into Dunkin Donuts Starbucks, etc. Have really commented on and complimented The hearing that this board held under the auspices of attorney Hyme as well as The seriousness with which this matter was discussed deliberated and decided upon So I really wanted to pass that on because you know, it's I Won't say very rare that a good number of people bring up a certain agenda item at the board of select men But it wasn't just that the hearing we held but it was working with our Town officials that allowed us to effectuate the end result mr. Grilly. Yeah I also got a lot of comments actually on both sides of things but certainly that We are being very strict about this. We need to clear up the discrepancy between the minutes. We've already approved Mr. Cura recommended 14 days suspension within six weeks and Voted with three days additional suspension for underage serving to be served within 30 days and This says a five-day suspension. So I'm pretty sure mr. Cura withdrew that Five days to two days served concurrently and we voted on just plain three days suspension mr. Cura Yeah, I actually never put the motion of the five with the two days concurrent I put it out as a matter of discussion, but I didn't feel any traction So I think I said let's just keep it clean just to keep it straightforward So my motion as I recall that the stood with the 14 and 3 Okay, then then I misunderstood because I Took the conversation as When we have a violation for serving to underage Patrons it's a three to five day suspension that we wanted to take the position that we took this very seriously It would be five days and then several of my colleagues had said that You know adding up the total number of days That that might be quite cumbersome and I said that I was content with Going on the record with the five-day suspension and I know I stated this with two of them two of the five to be Served concurrently with the original 14-day suspension and the remaining three of the five to be Served at Mr. Oguin's request from August 1st August 17th Immediately thereafter, but that I wanted to make it clear that with this second offense But technically it's a first offense. The first offense was the issue with the gentleman and when he was drinking and Leaving the establishment and as a result of drunk driving lost his life But that with in terms of this first offense for underage Serving underage minors alcohol that instead of giving the three days, which we have done in other cases We would give the five but only impose three actual days So I guess I would ask mr. Greeley what I would like to do is just to have on the books if We see them before us again with the warm weather and the outdoor cafe that We have memorialized that on their second offense It was the five days which was the max we could give them three to five But we only imposed an actual additional three days on the 14-day suspension And that was kind of how I went along With just with my remarks saying they would be back before us again and lo and behold they were so How do you feel about that? Well, I feel that mr. Kira just told us what he what the vote was and that's what I agreed with that I don't know that the board remembers. I didn't agree that we should give them additional suspension Additional day suspension. I felt 14 days was a very serious suspension So I understood clearly on this what you just said we'd certainly discussed But I understood mr. Kira to say that what he just said that he he did away with that Two days concurrent and made it a three-day additional suspension. So now they have to be closed for 17 days So that's what I agree with but 105 so That's how I remembered it as well Mr. Dunn My understanding is consistent with what mr. Kira said We certainly could reopen it and re-vote, but I definitely I know I my recollection was that Mr.. Kiro had been leaning towards five days and Some of us weren't ready to go to five days And so we came down to three and then he briefly suggested that we could do the two days concurrent And I remember I mean I think probably my facial expression told him that he wasn't getting any traction on that idea though You all you three can't see the facial expressions that I send to mr. Kiro sometimes Because and I don't and I believe if I remember correctly that when Mr.. Heim repeated that back to us. I heard the 14 and 3 I did not hear the 14 and 5 So I feel like I voted on 14 and 3 and we could certainly retake the vote I think and you know resolve it and then we you know that was certainly You know rather than talk about what we talked about we could just do it again. I would think would be one option Is that it for my colleagues or? Yeah, that's it. I what I it was in the course of discussion. It seemed clear that we didn't have Any traction and so I do recall saying let's just keep it clean and I didn't actually put put the Five with two concurrent in it as a motion But it was part of the discussion. I have passed the gavel to the vice chairman who will now we're on the meeting sure miss Amon, I'd like to make a motion that on the second offense by common ground We'll be talking about a third soon in my opinion that for the second offense where it's under our rules and regulations We can impose three to five days that I move we impose a five Day suspension two of those days to be served concurrently with the initial 14-day Substantion suspension that we held an abeyance when they came in and said they took this matter extremely seriously And we're chagrined and ashamed and would not be back again, and they were so my motion would be to impose on the second offense for serving underage minors the maximum five day Suspension two of those days to be served concurrently with the initial 14-day Suspension and the remaining three to be served Consecutively through it thereafter at the end of the 14-day suspension And the other terms as written relatively the same correct. Thank you. I will second the motion motion by mrs. Mahan second by mr. cura question if we So if we don't approve this motion does a default back to what we have in front of us I think the mr. Burn. I think the best way I would articulate Our posture right now is that I put a draft decision in front of you There's disagreement about whether that draft decision reflects the vote of the board and miss And the chair has essentially said if the board does not agree that this is What's the vote? She's essentially saying let's amend it to make this the vote if If if so that that's what I think the posture is Otherwise absent that I think what you would have to do is vote to say I want the town council to amend To change what he's written up. So that's my understanding of the chair's motion Ms. Mahan's motion Would make if the board adopts it would make the motion consistent with the draft that's before you. Yeah I would put it this way Steve to me I think the very important thing is that the will of this body be done I say that when town meeting is meeting it's the will of the body And it's the will of the board this board that's done and we currently have disagreement over what happened And so therefore it's simply appropriate for us to make a motion if mrs. Mahan's motion carries You know it gets to three that it's the motion and if her motion should fail I think we should have a different motion that goes the other way and see if we can get to three with that one So I think basically we're re we're redoing this conversation But you know that's you know, sometimes that's the right thing to do I mean, I guess I would say if we are going to am I Yeah, you're still there. I think that if we are we're going to reopen this discussion I think that having all parties were here would be an appropriate way forward and I just want to be sure that if I Do vote against mrs. Mahan's motion that there the fault won't be no penalty at all I Think no matter what Mr.. I'm getting correct me if I want no matter what this board has to finalize a draft So until we finalize a draft one way or the other there is no penalty, okay Mr.. I may I'm sorry, I want to be crystal clear what we're voting on though Are we voting the actual penalty that we would like to see or are we voting on what we believe? The decision was last time around I'll speak to my motion. Okay, I have the chance So does that answer your question that answers my question I'm going to go with the discussion unless you have a legal point you want to make this really well You know, I just feel four of us said here tonight. We believe this is what we voted and it's in the minutes of the meeting And it's absolutely unfair for us to add any additional pen and penalties Without having now the owner here that the town the council who was here We've already gone through all of that and four of us remember it one way, so I'm going to vote against mr.. Mahan's motion I Think one of the things that I really try to pride myself on one run in these meetings as well as I know that night I really struggle with the decision of once again in my opinion kowtowing to mr. Oguin for whatever reason and in my opinion going lenient on him I Remember saying that I would be amenable to instead of opposing the actual five days to The discussion that was had by this board to make it only three and sort of grandfathered the other two And I don't know why this is such a sticking point if it is for some of my colleagues In the sense that it's still the same punishment. It's 17 days It's 14 and 3 it's not changing anything. Nobody's being treated unfairly. I'm feeling a bit frustrated that when this Gentleman came in initially and in my opinion and I've said this to his counsel and to himself was arrogant Didn't take myself seriously as a member of the board I'm not going to speak to my colleagues and I said from the get-go from that night forward to my colleagues He will be back because he's going to offend again I'm still of that position and the reason why I am advocating for this position, which does not change the punishment It's still 17 days closed in August but that we show that where other people have come in and committed this Offense and we've given three verses four or five that we go strongly on record Because we take this matter seriously because there is no affinity for common ground or anything else They are a repeat violator and I want to go down so that if they do come back a third time And we need to lay the framework for possible revocation for their next serious offense Which I feel confident will occur that we have on record. We gave them the most severe five but we also acquiesced and Grandfathered two of those days in which was the discussion that we had and I summarized at the end of the statement It's still a seven days 17 day suspension in the end However, if I can't garner the votes for that because for whatever reason I Have less credence or standing than this repeat offender does Mr. O'Quinn and his staff and he still hasn't fired the general manager in my opinion He fired the people low on the totem pole and still has that management team in place then obviously Mr. O'Quinn and His employees and representatives Make a better case to a majority of the colleagues that I do so I just want to go on it on record that that was my opinion That's why I agreed to in my opinion going light on them and not giving the full five days actually served It's still the same penalty. It's 17 days that he agreed to that would be easiest for him So he can close down August 1st through 17th, which Arlington is very slow in the summer We all know that and he knows that the true victims here are his employees that he pays whatever it is $2 of 35 cents is a waiter a waitress They're gonna lose those 17 days. I think he's not gonna take that much of a hit So I guess I would implore if I could get at least two of my colleagues I want to send a very loud clear message of the seriousness of this repeat offender So when he appears before us for a third time, we have solid standing if revocation is What the majority of the board wants to do we've laid the framework for that and I won't say anything else to this Yeah, this girl so I will vote for Ms. Mahan's motion I'm gonna vote for it just because I had put the discussion out there in the in the first place and And I feel that I kind of contributed to some of the confusion by doing that not Clear making it clear whether it's motion or not. I suspect it's gonna go the same way It's the same reason that I didn't I didn't put it as a motion in the first place I'll vote my conscience now that the motion is on the table but I Suspected the same result If people don't consider a 17 day suspension of a licensed or a business a serious serious matter for this board to undertake It's just wrong to now take this vote and change things on this punishment for these people in my opinion, but Yeah, I Missed on I'm I'm not gonna be able to support your motion in the same but I do want to be very clear We're spied despite a couple of things that I may have inferred from your speech that it's not because I don't have respect for you Or or because I don't have respect for the other people It's because I think it's the right choice, and that's where I'm gonna be Is there any further discussion on a motion from Mrs. Mahan second by mr. Currow all those in favor, please say aye aye all those opposed nay, but I vote of two to three that vote is defeated We follow the minutes of the meeting and it's a three-day suspension Made by mr. Motion made by mr. Really seconded by mr. Currow any discussion from the board I Believe we need to have a unanimous vote on any penalty that we oppose impose upon Common ground so that when we do see them again We can stand as a united front so I just want to explain for anybody following this That it's not that I'm switching Changing the stream. I'm doing what I think is the best we need to do for this board of select men when we do deal With mr. Oguin and common ground again in the future. I appreciate that explanation. Thank you Mr.. Hyde you have everything you need If the board is so inclined for this sake and there's no member of the board who has an objection I I Think of when the board takes a vote it can speak and sign the decision tonight And I can make the administrative changes to reflect three days Actual service three days actual suspension versus five with to serve concurrent and all that kind of stuff I can do that if the board is comfortable Is everyone comfortable with that if they're not it's not a rush on my part. So moved. I mean, yeah, mr. Mahan is I would you rather we could revisit or would you rather administratively move? I want to get this done tonight. Thank you. I can count. This is Okay And can I just tonight this is one question at our last hearing when mr. Oguin for over a year and a half has blatantly ignored us because he doesn't take us seriously Did he notify us that he no did he notify us as he said he would or did one of us drive by and not see the Guinness up Because I asked him for in writing because he can take it down that night But he can put it back another day So did he comply with what he agreed to do anything in writing, but I did go by and it was down right No, but did he comply with notifying us in writing? I would say he did not The seriousness he takes this board. Thank you. Any further discussion all those in favor, please say aye. All right Five vote five zero vote Anything else the issue? I Guess I would just say if you could follow up with the letter to the stroke when if he could comply with what he agreed to or Maybe town council with his attorney actually if it's appropriate mr. Chaplain Where he agreed that he would do that and would officially notify us and writing that he's complied with that I just wanted in writing that he did that so if and when he puts that Guinness or other Alcoholic banners umbrellas back up we can say hey you said it was down as of this date And now they're back up again because I have a family with the lax attitude over there some of them are going to go back up That's just my personal request nobody else agenda item 12 for approval 1207 massav Disabled veterans RFP if I could turn it over to attorney Heim our town council. Thank you madam chair What you have before you is a draft RFP for 1207 the sale of 1207 Massachusetts Avenue What was long known for a long time is the DAV club? this board will recall per the Directive of this board the town manager had issued a RFP for a lease of the building based on some public feedback We didn't get any responsive bids for leasing the space and so Accordingly we developed the RFP for the sale of the building Trying to implement the criteria as far as we understood it the major feature of this RFP is the minimum price that's set as well as Based on our best understanding of the boards Thinking on these issues and in consultation with the playing director in the town manager and others the requirement Well, not the requirement, but the advantage is bitter Committing to a deed restriction for mixed use in other words when we sell the property we can put conditions on the sale one of the conditions that seemed to be most Attractive to the town was the idea that this wouldn't just be committed to residential or even potentially just to commercial that the highly advantageous bitter would commit to Mixed use in furtherance of some of the recent zoning by-law changes in the master plan It may be a little bit more complicated because the property is one property sandwiched in between two other commercial properties but We've structured in a way that advantageous bidders would maybe preso present an alternative way of Achieving a sim of assuring us of a similar type of end I do have I should note that the planning director who's going on vacation tomorrow has been working very hard to try to attend to a lot of different things Did give me some informal notes that if the board was so inclined to approve this RFP I could make a few technical changes She would like the definition of mixed use to be a little bit more specific in the goals section I don't think that's a problem because I have defined mixed use elsewhere and I could easily insert that in instead of I believe my Maybe not so muscular language was myriad of uses under mixed use She'd also like to add a little bit more clarity to the community benefits in terms of what we would be looking for So she wanted me to include a little note on that an advantageous bitter would increase foot traffic provide jobs in Arlington and Then finally she noted that She just wanted us to double check and make sure that we had sufficient means in the supplemental documents that usually get attached To these types of RFPs to outline how we would be assessing people's Financial posture to suitably bid on the building Sometimes we don't want somebody to bid on and be the successful bidder and then not end up being able to pay for it The documents that we ask as a standard part of this are usually sufficient But we could add you know one or two type of things that if the board was so calling so inclined about financial statements portfolio Things like that. So with that if you have any questions, I'd be happy to answer them I know that the town manager has also worked on this and directed the development of the RFP in terms of some of the substantive pieces Mr. Byrne I Just want to say that I want I I'll move approval of this language as amended Through Doug's comments. I really like the process that we used for this. I know it's going back quite a while now it feels like it's been a Since we had our open hearing here about potential leasing it. I still think that was the right way to go We listen to the community and I'm really excited about seeing the responses to this particularly in terms of the mixed use on the property. I think that it is it could really liven up that area and I'm excited to see what it yields. So, thank you Motion by mr. Burns seconded by Mr. Dunn mr. Dunn So I'm curious in the comparative quality evaluation section, you know We're the mixed use things you're talking about this highly advantageous and advantageous not advantageous all that stuff Then we talk about like when it says This is just me not knowing enough. I think about how RFPs was but it's a purchase price evaluation criteria It says it's gonna be based on the highest proposed price So how does how does the you know these qualitative ones versus the price interplay? So when we issue an RFP unlike an invitation for bid We're saying that price isn't the only thing that matters so that in theory someone could offer a higher price But if the rest of their proposal was basically not advantageous, we wouldn't go with that And I've described the process obviously selecting will have the final say on the disposition of property along with the the town manager in terms of selecting the most responsive and advantageous proposals, but The minimum price is set $750,000, but let's say someone offers $900,000, but they don't intend to dedicate anything to mixed use they want to their firm commitment is to you know a basic residential development and You know, they're really not they didn't want to partake in the optional presentation all that kind of stuff We could say well, it's great that they offered that but we've got an offer at 850 that we think better suits the town of Arlington Would impact the neighborhood more positively instead of negatively that's essentially what that means you could in theory set up an RFP Where the price proposal is completely separate and you basically score it without any regard to price But that's not the way that we've set this up for reasons that I think the board can well appreciate So the answer is basically that we Am I can I correctly interpret this then we get to apply our judgment and just do what we think is right? And they would essentially without limitation except for the 750 and the other minimum criteria, but yes, okay. Thank you Mr. Greeley.  So on the bottom of page one Oh The bottom of page one it it talks about the structure the growth structure the area Right. Yep. So it grows structure basement 13 389 what's SF does that mean square footage? Oh? My goodness, I think I'm sorry. This must be an error. How can the whole no 4600 feet but the basement is 13,000 and there's a second floor and a one-story brick and stuff No, no, I'm sorry. That's that's my fault. I was using a template that we have Buildings, and I apologize. That's a sloppy mistake. I apologize. No, no, so the the lot area is is 4,645 square feet, okay, and then the Total area I want to say is it's about 2700 square feet of usable space. It's one story in a basement I'm so sorry. No, no, that's okay. No problem. Okay. Thank you madam chair Just Perhaps two questions Just sort of the first preamble that attorney Hyme spoke of regarding and I was half paying attention. I apologize In terms of I think you said the planning director or planning department asked you to incorporate More definitive or explanatory Language regarding mixed use under the goals section C Do you know what it is is it is it the mixed use Multi-use is it the pedestrian oriented or she wants that whole Recitation further on in the document to be included under item C So I think what the madam chair I think what the planning director would like is to in that definition There's examples of the types of things that are allowable under mixed use And I think she'd like me to insert some of those in the goal section so it's clear on what that would be And I'm fine with that. I just would be curious if she wants to Incorporate the entirety of the mixed use explanation or if there's a particular facet or facets of it that she wanted to include So after this is drawn up I'll make it a point along with my colleagues to see what it is. That's highlighted because it's sort of three Tenants of that that's discussed what mixed use one is, you know, at least two mixed uses and the other one is pedestrian oriented And I'm blanking on the third and fourth point so and then my only other question would be just because this was brought up to me Under I think it's a goals again when we're talking about Restriction agreeing subject to the 40-year deed restriction regarding the development is there is that hot and firm hot and fast in terms of that restriction or My thing is I'm hoping it's hot and firm in terms of that restriction Or is there a scenario where somebody could come in say this is what I want to do pie in the sky It's going to do everything that you all asked for I'll agree to the restriction 40 years And then they come back before the board 357 years down the road and say well I no longer can abide by that and you need to allow me to do something else Do you know what I'm saying on that I do Madam chair generally speaking once you've got a deed a restriction recorded with the deed It's very very very difficult to upend that restriction. How of course, you know Some of that has to go along with the permitting process and the sale of property and all that kind of stuff I mean, there's different levels of due diligence that would have to be done when you're talking about something that would last 40 years You know, let's say 25 years from now somebody wants to change the use to a single use There has to be some level of diligence with respect to that Whether it's from, you know a permitting perspective or from another perspective and generally speaking. I think we've You know got an excellent track record in Arlington with respect to those types of things But it's always a risk that you know, when you have any type of restriction that you know, if somebody Doesn't pay attention to the restriction and it's not caught. I guess in this particular circumstance I Think what we'd probably be looking at is that we're hoping to find in the town ranger Correct me if I'm wrong is an applicant who wants to do something with this space That's probably gonna be investment that would keep that physical redevelopment of the space you know within a 30-year range of its own The type of investment that's gonna be needed in this property is gonna be one 40 with the restriction would be for 40 I'm just trying to be practical about, you know, if you put the money into Redoing that space madam chair. I think that it would be very difficult to see somebody, you know Trying to convert it back to purely residential or purely commercial within that time frame given how much money would have been invested in Putting it that way and am I correct? I don't see any sort of inherent or subvert liability in here For a future board of select men that if that case and point did come up and they Stood firm and fast and denied along with other town bodies And say no we need to hold you to the letter of this I don't see any liability under what's contained here in this agreement that would fall upon the town of Allenton So we're not do you know what I'm saying? I think I do I think what you're madam chair. Let me correct me from wrong I think what your Concern is like let's say we put a restriction like this on this property and somebody comes along 20 years later And says to that board of select men you need to let me do something different with this This is you know a constructive taking or something crazy That would be a very very very hard legal argument to make I just I'm not even sure you know you accept the restriction It's got a time frame on it You know once it's recorded with the deed It's very very difficult again to say that you didn't know what you were getting into because anybody who buys that property subsequently it's gonna find that recorded with the deed and You know, they would be out of luck if they tried to assert that it that they didn't know or something of that nature All right And I want to thank my colleagues I wanted just to have this discussion on the record that if a future board of select men years down the road Needed to sort of have Foundation sort of established Similar to when we get referred back to something the board voted on in 1997 when I was sitting in the audience and not appear that we've sort of done that just to not tie the hands of Future our future colleagues. Mr. Cureau. Thank you. I just want to be crystal clear And we have the comparative criteria which are which are all graded Obviously in there so in effect each of those goals becomes Optional if you only had one bid and you know or what not that met the minimal Purchase price, but it looks like under the disposition terms the purchase and sale does have to have the restrictive covenant that Bless you the points to that Concerning mixed-use Development so in essence why why is that even included as a comparative? So I'm sorry. Yeah, I mean I have sort of toyed around a little bit with how to best articulate that under the RFP obviously You know when we issue an RFP, we don't want there to be we want it to be as clear as we can But You know there would be obviously some wiggle room with something like that as a condition of sale if we didn't get anybody who was willing to accept a restriction and we Decided that they were responsive. Obviously that wouldn't be a required condition of the sale You just don't I'm saying so basically when we issue the RFP We're trying to have there be as little ambiguity as possible, but it's not a minimum criteria to accept the restriction so As a condition of sale that would obviously be something that would be Negotiated out of the condition of sale. Well, I I understand that but it says the purchase and sale so include a Restrictive covenant meeting the description set forth and points to the mixed-use clause I'd be happy to edit it. So I says as a condition of sale as appropriate Or as as as determined by the the just trying to make sure it's clear. Is it a requirement or is it a comparative? Okay, criteria. Thank you, sir Okay, any further questions clarifications if not on a motion by mr. Burn Seconded by mr. Dunn all those in favor approval, please say aye those opposed unanimous vote now go to agenda item 13 Vote approval opening of community choice aggregation public record review period mr. Chapter lane our town manager. Thank you madam chair So as the board recalls the board voted favorably and then town meeting voted favorably to Accept the community choice aggregation program and that's how meeting I have walked through the steps that would need to be followed And the next step after town meetings action was the drafting of Aggregation plan and then the steps after that began a regulatory process with do we are and DPU state state-level agencies So the an aggregation plan has been drafted by good energy the consultant that the town has Hired after being part of the MAPC regional procurement And what the town needs to do next is open up a public review period Before officially submitting the aggregation plan to the DPU the do we are already has a draft plan Their review is more advisory the DPU has an official review before they allow the town to move forward with the actual aggregation So What I'm asking for the board of select me to do tonight is announced that there will be a three-week period to submit written comments The statute only requires a two-week period But we're gonna offer a three-week period to commence tomorrow, June 21st and end on Tuesday, July 12th And during that time period. We will have a special public hearing In the lion's room next Wednesday June 29th at 7 o'clock to receive any oral comments that citizens might have Also citizens can submit written comment to town manager at town down Arlington dot ma dot us We'll make a copy of the aggregation plan available on the website We'll make a paper copy available in the board's office the town clerk's office the town manager's office and the library And I think I started by saying the website when that's all done when the public review period is closed We've received any comments We may make any edits as necessary and then be back before the board at its meeting of July 18th to officially adopt the aggregation plan Inefficially send it to the DPU Just a housekeeping question for the three-week common period to Commence June 21st 8 a.m. And close July 12th 4 p.m. Sounds fair Is there motion by my colleagues first off move approval mr. Dunn second second and by mr. Byrne Any further questions mr. Curel? Yeah, I just had one one question. I noticed that we're Seeking a waiver of a quarterly Mailing or the quarterly notification It looks like quite a few other towns and cities so on this is on page five of the plan Says the department is determined that the municipal aggregators distribution normally be made by Individual mailings to customers Yeah, if this is something the boys not comfortable with we can certainly remove I'm not necessarily not comfortable I just I was wondering what kind of discussion there had been about that because it's obviously it's it's outreach and I Don't know if the law requires us to have Independent mailings concerning this or can it be an insert for example in the water bill or in the property tax bill? Those are hard slots to come by space I Can inquire the the team from good energy before we finalize it. Yeah Mr. Dunn Adam were you planning on including this in one of the town emails tomorrow tomorrow? Okay, excellent Thank you, perhaps our friends at the ad kick and let some people know, too Okay on a motion by mr. Dunn seconded by mr. Burn to open a three-week common period June 21st 2016 8 a.m. To close July 12th 2016 4 p.m. As well as the public meeting on June 29th and any Emailed snail mailed et cetera mailed public comment until then any further discussion or questions if not all those in favor say aye All those opposed unanimous vote. We now have correspondence. Oh, sorry correspondence received resignation from tree committee Sally Nash Recommendation from our chair Howard Muse of our transportation advisory committee regarding Highland avid high-heath Road as well as a Correspondence by miss Devaney and mr. Kuhn regarding The best well court in the Magnolia Park plans is a motion to receive by Mr. Burn seconded by mr. Dunn any discussion on any of these items, mr. Curell, yeah, I'd like to move that we refer the correspondence concerning Magnolia Park to Park and Recreation Commission And I think Unless my colleagues are the town manager corrects me the Recommendations from tack are pretty self-explanatory and everything's in the works to effectuate those recommendations On a motion by mr. Burn seconded by mr. Dunn with a friendly amendment to move to forward the Correspondence from Mrs. Devaney and mr. Kuhn to our colleagues in the park and rec commission any further discussion of questions if not all those in favor say All those pose unanimous vote. We now come to new business. This is corpalka Journey Hyde no new business. Thank you Our town manager mr. Chapter Lane just a few brief pieces of new business Had a quite a few public meetings last week, but one in particular want to mention we had the mass av phase 2 Presentation of conceptual plans. We held it in the senior center in the main gathering room I'd say we probably had 40 or 50 people in attendance the team from VHB planning DPW I think did a good job presenting answering questions. There was great feedback From those in attendance. I noted to others attending the meeting that there was very I felt positive engagement where Criticisms were offer of the concepts that were presented, but also support of different aspects So it was a very sort of good push and pull about how we can get to a project that everybody can get their head around So we'll We'll continue working on that and have something more final in terms of a concept in the fall in the interim If the board I can forward a copy to the board It's also on the website, but if the board has any feedback about any of the alternatives Please let us know so we can incorporate them as the concept is Is finalized Next I wanted to let the board know The management analyst position in my office had been posted internally And we actually moved Amy Fidalgo who had been serving as the CDBG administrator in the planning office for just a very short period of time Had she very clearly expressed to me that had the management analyst position been open when she went for that job She would have been interested in that she's been part of the MMA Suffolk MPA program has an interest in municipal management So we'll be bringing her upstairs in a couple weeks. So very excited about that She's demonstrated herself as being very talented helped us get through the budget preparation process over the past year When the then deputy manager Andrew Flanagan left so very excited about that And then finally this is kind of an interesting one We'll be sending out notice via the town notices tomorrow this the local company Boston Dynamics Is going to be testing one of their bipedal robots on the bike path on Wednesday They needed a straight stretch of asphalt to test this robot So they'll be doing it off peak hours not during morning rush or afternoon rush They'll have a team of engineers a front and front and back and around it and people can come and go So won't impede traffic But they'll be testing it to see if it can go about five K's under its own power So if you're on the bike path between nine and three young On Wednesday, don't be surprised if you see robot walking down like that So they've actually I don't know if you that company has been getting a lot of press in the last big dog Right, so I don't know how many of you saw this YouTube video that they've got like this robot And then they've got a guy with a pole who like tries to knock it over and stuff like that And but and like it is fairly and how it operates relatively autonomously. So that's a It's an interesting company for sure I so could really jump on that and have a great line But I'm not going to even go there in terms of where the go-bot may want to stop or whatever Anything else? Thank you, Mr. Guerrilla Nothing other than we co-send our sympathies out to our excellent Marianne Sullivan and Fran for the loss of her father-in-law which has happened since our last meeting And we just hope She and all those elements are doing well my god of mercy on his soul Mr. Burn So since we last met the Argentinian soccer team was in town yesterday, which is pretty cool I wish I I draw I went and drove by and saw a massive bus in front of tango and chose not to stop unfortunately But in more serious business. We had a parking implementation and governance committee Meeting last week or yeah last the 7th. So last Tuesday We got a response to our RFP We got a couple responses to our RFP for single space meters and where it looks like we're going to go with IPS who Installed our multi-space meters. It was you could just tell by the responses. It was the right choice And we're hoping to have those single space meters installed by the end of October You know don't don't mark it on mark on any calendar and pencil just in case anything comes up, but that's what we're aiming for And yeah, no, it's been so everything's moving along pretty smoothly on that front And I think with the Arlington Center study you'll see Some potential changes of the layout and we're looking at you know Maybe there'll be some funding from the creation of this business district to kind of alleviate some of those costs otherwise We're still Thank you, I don't I don't have much I don't mr. Grilly and yourself already had a chance to thank the voters for the extraordinary turn out on Tuesday and anyone who was down at the feast of the east this weekend the sidewalks were just totally alive with little teeny kids everywhere underfoot and young families and it was a really a Visible reminder of why this is so important and it's just so wonderful that the voters, you know stepped up Yeah, you're part of it. I see I see the manager smile on there You have a teeny tiny. Yeah, it's so great that the voters stepped up with generosity so that these young families can You know raise their their children here the way so many other generations have been able to do and Speaking of festivals so the feast of the east was I think the third of you know every single weekend in June We have a major festival in Arlington this month Which is extraordinary at the Greek festival though We had porch fest which was phenomenal despite the weather feast the east and then the I don't come live some rats block party We'll round it up This weekend so some folks and come out of they aren't all a festival doubt Mr. Dunn two things one is that I did I wanted to also to comment on the election Or the debt exclusion which is just that that was quite a result and I think it talks a lot about You know the case that was put forward and talks a lot about the merit of the project But I think it does also talk about how Arlington is continuing to evolve as a town and exactly like you said, Mr. Greeley, you know like losing overrides winning them 51 49 winning them 54 46, you know winning them 70 to 30 There's there's you know, we've talked about how that was the first step of you know, two more overrides and frankly I'm fairly heartened that we you know, we made the case for this last one We're gonna make the case for the ones going forward and I think it's worth acknowledging that my second item is Of course minute man so Adam and I hosted a meeting of the 16 towns here in the hearing room and We had select men and town managers and finance committee and war committees, you know depending like a variety I'm not sure if we actually got to 16 towns. I was too busy to actually take attendance to make sure yeah I don't forget Weston. We don't have okay But we had it. It was definitely well represented. Yeah, it was well. It's definitely well represented Belmont did not change its mind. Belmont has not changed its mind and What was interesting was that I would say that the largest consensus coming out of that meeting was that rather than do What they did already again, which is called the 16d which is where they vote it and they send it to the 16 town meetings is that they should just go straight to the 16 n which is the ballot question and The reason to do that is simply because it's like, you know If you're not gonna Belmont is signaling quite clearly that their town meeting is not going to change its mind So why you know do that exercise again? And then 16 and you do the ballot question and if it carries in all 16 towns Then the project is enabled to go forward. The hitches is that if a town votes no at the ballot box Then they could also Convene a special town meeting and try to leave the district Which is presumably what Belmont would do and presumably what we would be you know Given the result that we had Tuesday unlikely. So I would say You know the Minuteman School Committee meets next I think it's July 12th And I would not be surprised if they don't work to set a vote to be held sometime in you know They could do it in August. They could do it in September. They could do it in November No, they couldn't do it. Sorry, they couldn't do it. They have to have everything wrapped up by November 30th The one really inconvenient thing about that ballot is that state law says that you can only have the ballot open for eight hours which is just Barking mad and so And so that's right, that was the same thing wasn't it yeah, I had forgotten that yeah also barking mad So we I'm actually trying to work with to see if we can school You know race thump something through the legislature to get that law updated such that we can do 13 hours Because I think that's really that issue deserves, you know, 13 hours a ballot access not eat. So actually If I had had time to get it on the agenda for today I would have because I'd like this board's support in changing that law from eight hours to 13 hours Those was indicated to me by the staff that that would like the support of various boards It's like one of the type of thing that we're going to move this through the finish line so can I take that as a Why don't you read the motion right now? July If I would further legislative process itself the with the session ending in July 31st So it would probably it would have to wait till next January anyway. Well, they filed it today. Oh, great Sometimes Yeah, so yeah, I agree. It's a tough call. I think Senate's easier than a house in this case. Yeah, yeah, okay I'm just asking you yeah, yeah, I guess I Move that we that we get a sense of the board whether or not we want to support Moving through 13 hours sec second. Are we okay with that? Yes, ma'am chair Excuse me. Yeah Yeah So this state law which is also I recall I will point out is barking mad They have ten days. They technically only have to give us ten days warning Thankfully, I think they they have a good sense to know that that is not feasible And I think that they also know that doing it in August would be really hard for turnout reasons and stuff like that But I don't there. There's no Conversation those conversations haven't really happened yet, but so I'd say September ish. I'm sure I'm sorry, I'm sorry madam chair Are you asking are we making motion to put this on the future agenda you making motion to I was trying to get a sense of the board Yeah, I don't know that we can do that on an issue like this if it was more housekeeping or yep I appreciate that I thought you were trying to place it on the agenda for July Sitting here today. Is there anyone who would oppose that motion? I don't know how much we could Discuss on that. I mean I'll let everyone else discuss on it. I think you might know where I will not in any way Represent that this is an official vote of the board And I will I'll just I'm asking if there's anyone who's a bad idea you can represent. I officially support you on this Thank you I'm just not gonna engage in the discussion. All right, just because my profession Our next meeting is and you're not done yet. Mr. Don our next meeting is Our next meeting is July 16th for the goal setting. That's why I was gonna ask the next meeting is Jais the goal setting That doesn't help you It's okay. I mean the thing is I understand what we're the conversation.  I'm sorry. Mr. Dunn I'm not trying to be I guess I am a stickler whatever Was already discussed about the debt exclusion we do anticipate Having spoken with spoken with several members today staying with the commitment as well as Not necessarily closing out the campaign but sort of Furthering it in terms of keeping communication open With town and school officials to the residents of this town along the process in terms of input as well as anybody Who's been adversely affected by that? I do know that We had talked about, you know sort of gathering all the information in terms of not just circuit breaker But there's probably ten or eleven other Ways that we can help voters who might be impacted by this financially whether it's Sanborn the widows fund the Harry Bobber Memorial fund that we put in place and My goal will be working with the town manager compiling all that information having it online as well as having it in written form here at The Selectman's office so that we can refer people to that Half of the board of select man and town manager would like to extend our condolences to the family of author loud Husband of our former library director Mary Ellen remit loud Author served on many committees Throughout the town town meeting permanent town building etc. And I'm blanking on I believe Burial was private, but there will be a celebration of his life I want to say this Sunday in June June 26th coming up So I just want to again extend our condolences on that the last two things that I have one both are Conversations one initial one ongoing the initial conversation that I've had with the town manager Was asking him to explore whether through our police department and or board of health Since one of the I think great things that Arlington and this board of Selectman is encouraging and approving our outdoor seating applications Probably coming no surprise to my colleagues, I certainly have a concern about one establishment The same anecdotal history that I got that preceded this particular establishments first and second offenses From a variety of people over a dozen I'm hearing Loud and clear once again, so I did ask the manager to explore I think it's a difficult test to do if there's any sort of In comport with what we do for when we go in to do our Underage patrons Check on Restaurants and they get a pass or fail if there is some sort of procedure that either a could be implemented for All outdoor cafe seating Establishments but more importantly what I'm looking for is if there's any recourse that if there's a particular establishment That doesn't have a great track record, so I'm anticipating I'm going to get a no on both But I just wanted to let my colleagues. I've asked the town manager to look into that I'm just unclear Related to underage drinking no related to not adhering to our rule Especially with outdoor seating allowing people to sit there and take two three four five drinks and no food being ordered or served And once again similar to the veracity I had With the same people You know and I honestly have not gone down because of family circumstances, and it's not appropriate, but it's kind of like People I really trust that from the whole range that that's going on and then the other thing is One of the things that I know is ongoing and Had conversations with the town manager. We do have our new department and position of facilities director when we were talking about the override and excuse me the debt Exclusion thinking override of 21 we were talking about the debt exclusion and the commitment to our schools and maintenance and the like I did hear quite a few times in terms of and Some of it's based on fact and some of it's just perception and sometimes the twain shall meet and they're the same in terms of What it is that we're going to do in terms of the maintenance schedule So I had had just very brief conversations probably a month or two ago and brought it up under new business once with the town manager That once the facility director kind of gets her feet wet and gets on board. I would be interested in sort of a What I would call a maintenance matrix in terms of you know the facilities that she and her department oversee and how she sort of is going to set up the framework for that and I just based that on 25 years ago when I worked for the phone company and we just had D base 3 a lotus 1 2 3 I set up every trunk sender alignment that went outside 90 something of them as well as the trades people that worked inside Which were 161 every piece of equipment, you know and back then that technology wasn't like it was now So to answer the question that yes, we're going to give you this money to renovate rebuild What is it that we're putting in place I'd be interested to hear from this Venice Bennett Bennett I apologize. I won't say that wrong again miss Bennett I'm not looking for any big long spreadsheet or anything like that But just something that I and my colleagues can either be told about or Actually emailed so that I can say oh, no, this is what we're doing. This is how we're tracking it This is what the maintenance program is so when people say to me they were saying well We're going to rebuild this and are you going to? Stick to the upkeep, you know what I'm saying welcome present to the board. Okay. I don't mean to I'm just trying to you know With that with that. I'll take a motion to adjourn by mr. Really seconded by mr. Cure all those in favor say aye aye opposed unanimous vote. Thank you