Arlington Town Meeting

01 May 2003


Business:

  • The Moderator promised that on Monday next there would be a discussion on the TM start time.
  • Article 2 - Committee Reports: Received report of the Affordable Housing Task Force.
  • Article 20 - Health Insurance: Mr. Fischer, the prime proponent, offered an amendment to the BoS recommendation to increase the committee to 7, with the additional members being a TMM appointed by the Moderator and someone appointed by Vision 2020. The BoS were in favor of the amendment. Amendment approved on a voice vote, BoS recommendation as amended approved unanimously on a voice vote.
  • Article 15 - Joint Power Agreement: Removed from the table. Ms. Dias said it is to formalize an existing relationship with Belmont and Cambridge, that it does not require us to spend any money, can be terminated at will, but will allow the three communities to apply for grants as a group. Approved unanimously on a voice vote.
  • Article 13 - Bylaw/Health Fees: Removed from the table. BoS withdrew their original motion and offered a properly-drafted substitute. Town Counsel Maher apologized for the bad drafting. Mr. Tosti said FinComm "overwhelmingly" supported the vote and offered an amendment to increase the proposed fine from $50/day to $100/day. Mr. Kohl asked if that was legal, in light of the restriction that municipalities can only charge fees to cover their costs, and was told by Mr. Maher that the rule covers fees, not fines, and that the Town can charge up to $300/day fines for a by-law violation. Mr. Foskett rhetorically asked why non-profits are exempted from the fees. Mr. Leone offered an amendment to add the non-profit exclusion to the non-Arlington caterers provision, which resulted in much confusion. Mr. Tosti's amendment was approved, Mr. Leone's was voted down, and the substitute motion as amended was approved on a voice vote.
  • Article 19 - Inspection of Vacated Rental Units: Removed from table. BoS withdrew their original motion and substituted a motion to establish a study committee. Mr. Lyons said that the BoS had heard many concerns about the proposed by-law amendment and realized that more study of the problem is needed. The committee is to consist of the Building Inspector, Fire Chief, Town Counsel, and two persons appointed by the Moderator and is to report back to TM next year. The Building Inspector said that 1/2/3-family homes are currently not inspected at all and that apartment buildings are inspected every five years, but only as to common areas, stairs, etc., not dwelling units.
  • Article 21 - Community-Based Property Insurace: BoS recommendation of no action approved unanimously on a voice vote.
  • Article 22 - George White Exception: MA municipalities have a choice. They can either accept MGL Chapter 31, Section 58 and be able to hire any police force applicant up to retirement age, or they can choose not to accept it, in which case they are barred from hiring any police force applicant over the age of 32. Because in the town administration's views the wellness standards program the law calls for are not well-implemented, the town has refused to accept the law and therefore subject to the age 32 threshold. A Mr. George R. White, age 42, a Harvard University police officer for 13 years, asked TM to request the BoS to file a home rule petition asking The Great and General Court of the Commonwealth of Massachusetts to pass a special law exempting him from the age requirement. The primary issues to speakers were the propriety of making an exception to the rule vs. denying Mr. White a chance at the job solely because of his age. Some commented that the Town should accept the law. The recommended vote passed 120-38.
  • Article 23 - Symmes Site Plan: BoS recommended no action, as this will be taken up in the May 5th Special Town Meeting. BoS recommendation approved on a unanimous voice vote.
  • Article 24 - News Racks: BoS recommended a vote to "encourage" the News Racks Study Committee to present a multi-year plan to the Capital Planning Committee. Mr. Maher said that the current by-law has had mixed success. It has done well regulating placement, but news rack appearance is horrible. Mr. Adams asked if there was a point to the vote since it was only a vote to "encourage." Approved on a voice vote.
  • Article 25 - Power Aggregation: Mr. Quinn moved to table since the Power Company Feasibility Committee was not set up to give their presentation.
  • Article 26 - Gibbs: BoS recommended that the current temporary transfer of the Gibbs from SchoolComm to the Redevelopment Board, originally carried out in 1989, be extended another 10 years to 2014. Mr. McClennan said that both the tenants and the Redevelopment Board are in favor of this since neither side wants the building sold and because they work well together. He said that when the leases expire next year, the law requires an RFP and an open bid for new leases, so there can be no guarantees that all the tenants will remain in place. He also said that from 1970 to now, Arlington has gone from 10,000 school-aged children out of a total population of 54,000 to 4,200 school-aged children (which he believes is a peak that will begin to decline) out of a total population of 42,000. Mr. Bloom pointed out a possible drafting error, and as 23:00 was nigh, Meeting adjourned to 20:00 (no typo) on Monday, 5 May.

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