[Rich, 09:17]
The Horizon is Now in Sight

• Called to order at 20:02.
• Mini-concert from Ottoson Select Chorus.
• Ms. Mahon read the BoS's seatbelt week resolution and reminded everyone that DPW Day is this Sunday.
• Article 2 removed from the table.
• Article 2 - Reports of Committees:
  • Mr. Cole, chair of the Permanent Town Building Committee (PTBC), presented the PTBC's report. The key points were that the Brackett noise work will be done with $35,000 to spare, that the Hardy noise work will cost $207,558, and that the Dallin rebuild will be $11,975,865. With respect to the Dallin, the state will not base reimbursements on more than $11,096,580. Also, since the existing appropriation is $9,200,000, an additional $2,775,865 is needed. He also mentioned a number of "green" features in the Dallin design, such as automatic faucets and flushers, occupant sensors for light and ventilation, and an energy-efficient roof and HVAC system. He said the Thompson and Stratton submittals are complete and will be submitted once the Commonwealth removes the submission moratorium,
  • Article 2 tabled.
• Mr. Moderator declared Annual Town Meeting in recess.
• 19 May Special Town Meeting opened and called to order.
• STM Article 1 - Reports of Committees:
  • BoS report received.
  • FinComm report received.
  • Article 1 tabled.
• STM Article 2 - Dallin Appropriation:
  • FinComm recommended an additional appropriation of (and to issue bonds for) $2,775,865 to fund the Dallin rebuild.
  • Mr. Cole again noted that the state will not reimburse our costs in excess of $11,096,580 which has the effect of reducing the remaining capacity under the debt exclusion to fund Thompson and Stratton rebuilds.
  • Mr. Tosti explained level vs. declining principal debt service options and explained the how the Town's share of the cost is calculated (see pp. D1 and D2 in FinComm report). He said the Town will eventually have to decide whether to try to do Thompson and Stratton within the normal budgets or ask for another debt exclusion. He said FinComm recommendation was unanimous.
  • Town Treasurer Bilafer said last year he was too worried about the state of the SBA program to be willing to support the Dallin work, but that since the governor and legislature both have plans to clear the backlog, he is much more confident that timelines will work out and now supports the rebuild. He said he wants the Town to honor the 37% promise and that he might convert the BANs to bonds before state reimbursement starts if interest rates move adversely.
  • Mr. Lyons congratulated people for the effort they put in to making this happen. He said the governor's and legislature's plans impose a three year moratorium on new submissions, which is being fought by the Massachusetts Municipal Association. He said a similar level of effort is needed on behalf of Thompson and Stratton and praised Superintendant Donovan for her work on Dallin.
  • Ms. Gormley, a Dallin parent, said she was happy this was happening and asked SchoolComm why it voted for the work this year. Mr. Schlichtman said the situation was too uncertain last year, but has become much more positive, allowing SchoolComm to feel comfortable with moving ahead this year.
  • Mr. Chaput noted the "green" elements in the design and said the PTBC went beyond what the Redevelopment Board asked of it.
  • Mr. Kohl moved the previous question - debate terminated.
  • FinComm recommendation approved unanimously.
• STM Article 3 - Hardy Appropriation:
  • FinComm recommended an appropriation of $207,558 for the Hardy noise work.
  • Mr. Cole said a substantial portion of this should be repaid to us by the architect and builder, though the exact amount is subject to mediation. He said the Town will pay $50,000 which is the cost of equipment that should have been installed in the first place, but that the Town will not pay the costs of said equipment being installed out of sequence.
  • Mr. Tosti said the FinComm recommendation was unanimous and that $120,300 is being borrowed, $35,000 will come from unspent Brackett funds, and $52,258 will come from the Elementary School Interest Account (an account funded by the interest on school project bond proceeds that had not yet been spent).
  • (???????) asked why the Town is paying for work it should not be paying for. Mr. Tosti said that the Town could not wait to settle. He said the work had to be done now and the Town will seek reimbursement for it.
  • Mr. Dumyahn said this was the second school with noise problems and asked why the PTBC let it happen. Mr. Cole said the PTBC was well aware of the Brackett problems and told the architect of its concerns and received assurances from the architect and builder than there would be no problems. He said that the PTBC believes the architect and builder made errors of omission but could not elaborate as this may become a subject of litigation. Mr. Dumyahn asked if the Town was paying for the noise equipment twice. Mr. Cole and Mr. Maher again explained that the equipment was omitted, that the Town did not pay for it then, but that the Town will pay what it would have cost if the equipment had been installed when it should have been.
  • Mr. Loreti said the Town should specify decibel standards and not equipment. Mr. Cole said that is what the PTBC does. Mr. Loreti asked if the Hardy afterschool revolving fund could be tapped. Mr. Maher said it could not. Mr. Cole said the PTBC has developed a detailed anti-noise specification which was included in the Dallin bid papers.
  • Mr. Hurd asked if there were plans to resolve the Hardy trim issue. Mr. Cole said no one had asked the PTBC about it.
  • Mr. Rosselli moved the previous question - debate terminated.
  • FinComm recommendation approved, but since it was not unanimous and needed a 2/3rds vote due to the bonding provisions, a standing vote was called and the recommendation was approved 176-3.
• STM Article 4 - Additional Appropriation for FY04 School Budget:
  • Mr. Tosti said FinComm was still crunching numbers and did not have a recommendation ready. He moved to table.
  • Tabled.
• STM Article 5 - Exception to Title VI, Article 6 of the By-laws:
  • BoS recommended a vote of no action.
  • Ms. Mahon said the BoS report did not go into much detail because the proponents represented they would not make a substitute motion. She said they went back on their representation and that she would explain further during debate.
  • Mr. McCabe presented a substitute motion to create a general appeals procedure (with the ZBA as the appellate board) from the provisions of the Historically and Architecturally Significant Buildings by-law.
  • Rising to a point of order, Mr. O'Conor asked if the substitute motion was in the scope of the article. Mr. Moderator, after first complaining about the motion not being available 24 hours in advance so that these sorts of issues could be worked out, ruled the motion out-of-scope on the grounds that the article mentioned an exemption for a specific property while the substitute motion sought to create an appeals process and to make it generally available. Mr. Maher conceded that the Moderator has the final decision but said it was his opinion that the article was within the scope because it creates a legal method by which the 193-195 Forest Street owners could get an exception. He said the courts are only strict on zoning articles and that the outside-the-scope rationale is weak in the case of representative town meetings.
  • Rising to a point of order, Mr. Rosselli asked the Moderator to put his ruling to the floor for its decision. Mr. Moderator refused, noting that state law says the decision is his alone.
  • Mr. McCabe moved to table. Motion was defeated.
  • Mr. Judd moved to postpone to 26 May. Motion was defeated.
  • BoS recommendation of no action approved.
  • Mr. Abbott moved for reconsideration and asked that the motion be voted down in order to make final the vote of no action.
  • Mr. McCabe tried to make a substitute motion but Mr. Moderator rule him out of order because while the underlying merits can be debated during a motion to reconsider, a substitute motion under the article can only be made once reconsideration is approved.
  • Mr. Gilligan moved the previous question - debate terminated.
  • Abbott motion to reconsider defeated.
• STM Article 6 - FY04 Revision to Water and Sewer Enterprise Fund:
  • Mr. Tosti said FinComm recommended a vote of no action. He thanked Mr. Jamieson and Ms. Dunn for pointing out that the indirect charges being billed to the fund have not gone up even though health and pension costs have skyrocketed. He said a $250,000 change will be made in the FY05 main budgets which will cover FY04 as well and therefore that no action was needed here.
  • FinComm recommendation approved.
• Special Town Meeting adjourned to 26 May, 2004.
• Annual Town Meeting recalled from recess.
• Article 74 - Position Reclassification:
  • FinComm recommended a vote as set forth in its report.
  • FinComm recommendation approved unanimously.
• Article 75 - Transfer of Appropriations/Parking:
  • FinComm recommended a vote of no action as set forth in its report.
  • FinComm recommendation approved unanimously.
• Article 76 - Transfer of Appropriations/Weed Treatment:
  • FinComm recommended a vote of no action as set forth in its report.
  • FinComm recommendation approved unanimously.
• Article 77 - Appropriation/Library Way:
  • FinComm recommended a vote of no action as set forth in its report.
  • Mr. Judd moved to postpone to 24 May.
  • Motion to postpone approved.
• Article 78 - Field User Fees:
  • Mr. Tosti said FinComm did not have a full recommendation yet, but that its recommendation would include not charging childrens' groups, probably charging adult groups, and setting up a task force to more fully examine the numbers. He moved to table.
  • Motion to table approved.
• Article 79 - Appropriation/Park Ave Bridge:
  • FinComm recommended a vote of no action as set forth in its report.
  • Mr. Judd moved to postpone to 24 May.
  • Motion to postpone approved.
• Mr. Jamieson moved to table Articles 80-82.
• Motion to table approved.
• Article 83 - Permissive Legislation:
  • BoS recommended a vote of no action as set forth in its report.
  • BoS recommendation approved unanimously.
• Article 84 - Local Option Taxes:
  • BoS recommended a vote of no action as set forth in its report.
  • BoS recommendation approved unanimously.
• Article 85 - Create Webmaster Position:
  • BoS recommended a vote of no action as set forth in its report.
  • Ms. Mahon said this was one of the things the ITAC would look into.
  • BoS recommendation approved unanimously.
• Article 86 - Appropriation/Retiree Healthcare Trust Fund:
  • FinComm recommended a vote as set forth in its report.
  • FinComm recommendation approved unanimously.
• Article 87 - Appropriation/Tip Fee Stabilization Fund:
  • FinComm recommended a vote as set forth in its report.
  • Mr. Judd asked if the appropriation has been going up or down and if there was a trendline. Mr. Tosti said the goal is to have the fund zeroed out when the NESWC contract expires.
  • Ms. Harrington asked the Town Manager if he would assure the Town that there would be enough money left in the fund to pay any last NESWC obligations. Town Manager Sullivan said there would be.
  • FinComm recommendation approved unanimously.
• Article 88 - Transfer of Funds/Cemetery:
  • FinComm recommended a vote of no action as set forth in its report.
  • Mr. Tosti said that after the report went to print it turned out that a transfer might be necessary and so moved to table.
  • Motion to table approved.
• Article 89 - Appropriation/Overlay Reserve:
  • FinComm recommended a vote as set forth in its report.
  • FinComm recommendation approved unanimously.
• Article 90 - Appropriation/Stabilization Fund:
  • FinComm recommended a vote of no action as set forth in its report.
  • Mr. Abbott asked if it would be better to appropriate $0 instead of no action if a change turns out to be needed. Mr. Tosti said that if there was money left over in the budget to go back into the stabilization fund he would pull a Roger Barnaby and buy ice cream for all. He said he would move reconsideration if there was any money left over that could go into the fund.
  • Ms. Harrington said the insurance trust fund had $400,000 less than we thought and asked if that was a problem. Mr. Tosti said the Town could always appropriate back into that fund some of the money transferred out of it and into the stabilization fund.
  • Mr. McCabe asked what the stabilization fund balance would be after this year's action. Mr. Tosti said it would be around $700,000. Mr. McCabe asked if that included the $1,500,000 transfer. Mr. Tosti said it did not and including that would put the fund at around $2,200,000 after this year's actions.
  • FinComm recommendation approved unanimously.
• Article 91 - Use of Free Cash:
  • Mr. Tosti moved to table since the exact motion here would depend on the budget outcome.
  • Motion to table approved.
• Article 92 - Resolution/Affordable Housing:
  • BoS recommended a vote as set forth in its report.
  • Mr. Lyons said the resolution asks for a number of changes to MGL Chapter 40B. He said many of the requested changes are in various amendments and that the Senate is considering several innovative incentive programs. He said the resolution is consistent with the goals of the BoS and the MMA to improve 40B.
  • Mr. Belskis, chair of the Coalition to Reform 40B, said that the resolution is to encourage reform. He said Arlington's "inclusionary zoning" by-law is a model to other towns but much be vulnerable to constitutional challenge. He said that afforability restrictions currently time out and should be made perpetual. He said that Arlington is safe from 40B developments because 1.5% of the Town's land area is covered with affordable housing.
  • Mr. Dunn said he agreed with sending a message on 40B's problems but that he disagreed with the one-size-fits-all approach the resolution calls for.
  • Mr. Kohl asked how the Time Olds site development got out of the Town's "inclusionary zoning" rules. Mr. Lyons said that the resolution would not change the Town's rules but merely sends a message to the legislature. He said he believes the Town's rules would stand up in court.
  • Ms. Weaver asked what clause (c) in the final paragraph of the resolution means. Mr. Belskis said it is moot as the legislature is no longer planning to change the "Consistent With Local Needs" part of the law. He said that sections lists the criteria by which a town can be exempt from a 40B development.
  • Mr. Judd agreed with Mr. Dunn that one-size-fits-all is bad.
  • Mr. O'Riordan moved the previous question - debate terminated.
  • BoS recommendation approved.
• Article 93 - Resolution/Public School Education Principles:
  • Ms. Mayer moved to table as the proponents were not present.
  • Motion to table defeated.
• Motion to adjourn approved.
• Mr. Moderator warned that he plans to call up all the tables articles at the next session, so all proponents should be ready to present.
• Adjourned at 22:57 to 24 May at 20:00.