 Good evening, everyone. This is the board of selection meeting for Monday, December 19th, 2016 First item on our agenda is for a request by our treasurer Stephen Gilligan. I'll let you Give the preamble what you're asking us to vote on Welcome back from last week. Thank you, madam chairman members of the board I promise to be extra brief take half the amount of time. I usually do 15 16 minutes I want to thank you for allowing me to come before you again Before you you have a bond anticipation note certificate As well as relative documents that need to be signed by the board which includes a vote of the board a Disclosure document a tax certificate that the IRS is chomping at the bit to get you should have read all 32 pages of that Document before signing it because if anybody goes to jail, it's not going to be me. Thank you very much Just to let you know the we had the bond sale just several days ago There were four bidders and the top bidder was Century Bank it included a premium of $9,800 on a On a four million dollar note Which is pretty good because again This is a short-term 12 month note with a net interest cost of 1.14% So we are doing very well so far even though the Fed open markets committee is Inching nudging up interest rates. We're still doing very well so This note will allow the first invoices for the Thompson School construction project to be paid As well as ongoing invoices and we will permanently finance this note Next fall when we permanently finance other capital projects for the town. So we're doing quite well So it just requires a vote of the board to approve the sale and authorize the signing of the certificate and We're good to go So moved to by mr. Burns seconded by second mr. Kuro any questions comments mr. Grayley to me Steve I'm just curious Do you do the banks literally come here for a meeting or is this kind of the phone? No? Well, this there's several ways to do it basically we've done this fire. It's a bond auction Database and this was done online and my understanding is that this go around took probably about 97 seconds for the bids to come in Typically, it's longer. It is done online. It can be done as an open meeting, but it's done online with an underwriters database Tool and it's note the notices go out well in advance So all the underwriters all the banks all the financial houses Are aware of it and then at the date and the start time They're all online and they just start bidding and they apply a premium and We see what happens and they just can't change a bit right once they They cannot they can lower a bid they can come back and bid again. They do not see what others are bidding So they do have the opportunity to come back and and better up their bid But usually we find that they give their best shot Upfront we did not have this note rated So there is no bond rating for this note We actually saved money by not having The certificate rated we would have probably saved 15 basis points On the borrowing, but it would have cost us much more than that In borrowing costs to go through that process. So we opted not to do that It's still regarded Ellington's unrated note is still regarded in the marketplace as quality paper Sweet Any further questions comments from my colleagues on a motion by mr. Burns seconded by mr. Cure all those in favor say aye Hi, I was unanimous vote. I thank the board for its its time its consideration in its vote And I'll be happy to pick the documents up first thing in the morning. Thank you very much and Merry Christmas happy Hanukkah and a super sad and earlier to one and all Thank you Next we have our consent agenda minutes of the meeting December 12th 2016 And a request by the RA Franchi Corporation out of Newton Mounds for a contractor drain layer license. Is there a motion? Mr. Greeley seconded by mr. Burn Any questions or comments? If not an emotion by mr. Greeley seconded by mr. Burn all those in favor say aye I'll those opposed unanimous vote next we have Under licenses and permits license renewals mr. Greeley I'm just wondering Yeah, I was gonna yes, is that under license renewals? I believe mr. Duffy. You're here to speak under license No, but I see John. I wanted I think you're here Right there. Okay. All right Okay, thanks. Sorry. Okay With my colleague's permission mr. Duffy. Would you like to? We're speaking on all license on lice all license renewals there before us right now, which I'm not gonna name them all The categories. All right. I'm here to name the numbers for the rocket. Sorry. I'm Richard Duffy And I am here to speak with regard to our signed bylaws and The fact that I think we should be enforcing our signed bylaws for all applicants who hold licenses here in the town of Arlington and most especially for Those businesses that are for which there's a very limited supply We have a very small supply of all alcohol packaged or licenses wine and beer licenses and the same go for the restaurants And I think it is an extremely easy matter for these businesses to keep themselves in compliance With the signed bylaws and in fact they have to make considerable effort to get themselves out of compliance And I think that it is up to the authorities in the town who license these businesses To make that very simple truth plain to them and to have it be reflected in their Decisions regarding the licenses that they grant It's also my feeling especially where alcoholic beverages are concerned and other types of controlled substances if you will that if you can't manage something as simple as Keeping your premises in compliance with the ordinary bylaws of the town How are you going to manage the more complex and safety issues? so I think it is a deeper reflection on the type of responsible management or lack of responsible management and I Personally cannot separate those two things so I would ask that if it be known to you or if it's been brought up before in this meeting that you Consider carefully whether the applicant should have his or her license renewed and if so What conditions you are able to attach to that in order that the person bring themselves into compliance not when they feel like it but Put themselves into compliance. Thank you. Thank you. Mr. Taffy, Trini Hine Thank you, Chairman. One thing I just like to speak to you very quickly on what the general the issues the gentleman has Raised is that one of the things that's always been difficult about Arlington's sign bylaws There's a lot of the types of violations that people are most concerned about unfortunately are codified in our zoning bylaw and there's been some progressive changes towards zoning bylaw which I think have made improvements, but the law on signage has also been Something that's been constantly changing and been very fluid in the zoning recodification process One of the things that the zoning recodification committee is looking at is how To deal with things like signs and sign bylaws more effectively including potentially taking them out of the zoning bylaw So they can be more readily amended and better reflect An enforcement mechanism that's more feasible for the town So I just wanted to note that this board has oftentimes raised these types of issues when applicants have been specifically before the board including at least one recent circumstance where a Package store was In violation of their license and this board noted that it's concerns about things like signage and made that a requirement to address those issues But outside of that it's been difficult in part because of the way our zoning bylaws address sign Signage for this board and to some degree many other folks in town didn't force the zoning bylaws I think in an efficient manner and we are Actively working on trying to improve that so that we don't have some of the issues that I think Some everybody can agree can be problematic Mr. Kero I I do wonder though when when a situation has been specifically brought to this board's attention So you reference a recent hearing that we had on another Matter if they are out of compliance Just in terms of general upkeep now this might be a part from the sign bylaws We were given some certain assurances. I think when when this particular business was was in front of us over a month ago regarding repair to Gentlemen came in with nine issues and he added three and I personally I personally have seen because I drive there every single day that It has not I think you're talking about different ones. Okay, Summer Street. Summer Street. I'm discussing summer street Yeah, oh, I'm I'm discussing Arlington Lakers Okay, yeah, and and we were given some assurances about upkeep to the property that that things are in order And they're going to be addressed hasn't been addressed. It's been more than a month So I'm just wondering what recourse does this board have in a situation like that? Well first of all, I mean I'd be happy to assist in the enforcement of that previous Determination made by this board. Yeah, I can certainly do that with respect to reminding folks that their Penalty in that particular circumstances contingent upon at least in part upon cooperation and abiding by Local rules regarding just about everything when you're in that type of situation Otherwise, I think that it's important to keep in mind that this is not the body that ultimately Decides and enforces the zoning bylaws. So with respect to signs and actually finding a violation The zoning bylaws, this is part of what I'm saying about trying to recodify our bylaws in a way that makes it a little more efficient This isn't the body that determines. There's been a zoning violation But that being said, you know, of course this body has the ability in the right to act upon any license that's before and to either ask folks to come back in and Show us why we why they're in compliance with your previous directives or to determine that they haven't been in compliance with the previous directives and Take action accordingly with respect to a license. The difficulty in part is that this board's Authority is kind of extreme when it comes to this these matters, you know, not renewing a license for a sign bylaw violation is tricky because I Think as folks are sort of discussing generally, they're not all that uncommon and we want to in theory have you know more appropriate Discussions and potentially penalties or other in other enforcement than just saying we're not renewing your license That's one of the tricky parts for the select men right is is making a decision We're gonna not renew a license because of a sign bylaw violation. That's difficult matter I guess my question is, you know, we we placed that license on probation pending, you know Other violations of and obviously we didn't have this in mind. I don't think we were talking about violations You know relating to service and and and the prime business but in that state of probation what what recourse do we have to Bring folks back. I mean can we renew the license with a specific request that that the applicant appear before us? Mr. Curie, I think and I think we've got a timing issue here, too I recognize because it's our last meeting of the year and these renew Mr. Curie, I think you have two options that would be functional one is To renew the license with the condition that all previous Conditions discussed by this board will be rectified by date certain So I think that's one thing that the board could do another thing the board could do is ask a license holder to come in at any time to Affirm that they're abiding by the rules and regulations of Arlington with respect to the way that the law is phrased with respect to alcohol license in theory in theory any violation could Impact a license in other words a violation of you know more serious things like underage drinking Could would obviously affect the license in theory violations of other town ordinances and regulations could also impact the license But I think that we would want to be careful that we don't Go right to like a license suspension for something like a sign. I'm not suggesting that Could I ask a question Joe? I don't mean to interrupt you, but so learning counsel Can we issue a one-month license? We're not renewing it for the year. In other words, we renew it for one month with a letter that states What we want done within that one. I'm just asking can we Miss really have a beat to be to be honest deal. I'm not sure. I think what I would recommend I'll do can we are all powerful we could do that if you're contemplating that kind of action what I would say is if there's a specific of License holder that you're concerned about I would say that the I would make their renewal contingent upon abiding by the set of conditions that I think we all have already previously discussed and You know if they haven't met them by a certain a date certain that their renewal will be because the board has the ability to Suspend or revoke a license at any time Sorry, thank you, Joe Could I I just want to clarify a mr. Dunn was correct? I'm thinking of a different business on summer Street The restaurant across from right Ed Burns arena Robolod field I'm gonna I can't remember the Q zine. I think I know the name. I'm not gonna say it But a gentleman a neighbor came in I think he was a veteran also and there was something else about the date night that he came in I remember as a little Yeah, Jim sickles. Yeah, and he had a list of nine issues and by the time he finished there were 12 And I think we left that night that the ones that were enforceable by the board That that would follow up on those but a lot of them, you know would have to go through the town Department so That's the case in point I was thinking of when I heard summer Street because I'm just wondering I would ask the town manager or town council I'm mrs. Cropelka on that particular establishment, which I think you all I think I know the name of it But I don't want to say it wrong if I say it wrong. So no, so no, right Would it be applicable to take the same action on that or is that something that's still? Working its way through the system like I don't want that gentleman to think that we have had forgotten about that And if he sees this says well, how come when I came up with my issues, so Should that be also help me out here, you know, so the assistant town manager Jim Feeney I believe the day after or two days after mr. Sickles's visit to the board of select ones meeting went up visited with mr. Sickles at his home to go over the issues and discuss them with him and then met with the owners of So no to discuss a number of the issues to my recollection the only item that was a violation of any law was when the Grease contractor that the restaurant hired was caught pouring grease into a catch basin and they were advised that is Extremely illegal and cannot be done again I think the rest of them were more on the just good neighbor side of things as opposed to any violation of any zoning or town bylaw I Don't have an update on what steps they've made to quiet down the fan Into limit access to the back door to access the dumpster and also to have their delivery drivers not have their radio Blasting or idle when they park in the in the lot in the back, but I Maybe you couldn't at your convenience within the next week or two just Ask mr. Feeney the assistant If there's any other update and so so I don't think this is the same case in point that mr. Carol was making mr. Dunn so I think just as a practical suggestion I think that what we can do tonight um is we can improve all the licenses And then if there is a particular business that any member is concerned about we should ask the chair and to schedule a hearing for consideration of that license and so That means so we can approve everything and then you're worried about one and you can as far as I'm concerned you can You can ask a chair and set like that tonight and say you know we've got meetings on the 9th and the 23rd And maybe one of those is people should come and if you want it sounds to me like the son of one Maybe a little bit more productive with the town manager first, but right that would might be a path forward sounds like a great practical path Okay, I'll mr. Dunn's motion to have a second approval of all the licenses subject to all conditions second second by mr. Burn And thank you mr. Dunn for picking up that we were talking from about two separate mountains, and I'm happy with Waiting to see where there's sort of been a different recourse on so no, and I would say Just because of the way January 9th is looking Maybe if we do do it it would be the January 23rd or the first one in February so we can ten and I'll have that in my tickle file and make sure Follow up with the selectments office. So and then so what like the week before the 23rd? Make sure we touch base with each other, and you can let me know what yeah, I don't think I have to make a motion Yeah, okay Mr. Burn I'm wondering if you know if anyone has tried to actually make contact with the owner since then like I know you said you Driven by several times But have you had any conversations with any works there because I'm thinking that maybe you know You could probably have an offline conversation as opposed to host You know hearing here, and then if you don't get the answers that you're satisfied with we could probably bring them for us Yeah, if you're good use of everyone's time really well So we're going to inform this one over right that there's going to be a hearing Can we send in the health inspector? Prior to this to explain what we want done As long as the town manager approves Are we talking about the sign? Violation on some street so correct me from where we'd be the building inspector as that's correct It would be the building building for zoning enforcement We see of anything else to do But I want to say you know I didn't give him a chance get this done And we're going to have a hearing on the 23rd, and we may revoke your license if it's not done And whoever and then I'm going to haul on mr. Chow Whoever's the appropriate person to go down and give the information just because it's been brought to our attention, especially about signs I Purposely this to one other place that when I drive by I don't look because it has always baffled me But I haven't looked in the past two three months that there's a neon sign with an American Indian Advertising and smoking a cigar or cigarette for some reason I thought that we didn't allow that in our zoning bylaw that kind of Taking the you know Native American peace out of it So whoever that person that does go out I can't imagine the building inspector I apologize if it is or if it's someone from the zoning or someone from planning if they could just take note of that Only because they're going down there anyways You know it's and I've had people over the years ask me about it And I said well unless you want to make an official complaint Let me know but this isn't the same business which on summer street. That's on probation the a package store. Yes, and I think it's still there But my thing is and if mr. Cura wants to work with mr. Chattelain on this issue like Sometimes people tell me things and I don't act on it if I'm acting on it myself like if I get unless it's something That's like okay This is really bad breaking the law versus you have an Indian smoke and a cigar or a cigarette that advertises Marlboro or whatever it is But now since it's been brought to my attention if I could just pass that along and then mr. Chattelain help us out of you So what what I would suggest is if the board is so inclined town council and I will meet with the building inspector and the planning director Assess the storefront decide what the proper plan of action is and then we can report back to the board Perhaps by the January 9th meeting in the January 9th the board can decide if it wants to take any further steps to bring To bring the applicant or excuse me the license holder back before the board Yeah, and I just wanted to clarify one reason I didn't go in there is I don't want to misrepresent You know, you know the thing I'm representing the board. Yeah on this second reason is also because I was so angry My daughter told me don't you dare I went in there when I got reports of activity before it actually happened But I just noted it and couldn't say anything because I don't want people to say I'm Selected you know abusing my power or whatever and then on on the so no you'll just I'll get it on that as well I'm correct. Okay, so any further questions any Mr.. Don's I am yeah, did they want to say I thought is only if When an attorney says I only want to speak if I'm Needed to as a court reporter. I'm going to tell you he's going to wait until So unless I hear anything from attorney hind any further questions from my colleagues on a motion by mr. Dunn's Seconded by mr. Burn if not all those in favor say aye. All those opposed unanimous vote We now have no executive session and just for the I just want to say the attorney scared us so We knew to behave John It's not attorney lingo, so I got I got this kind of like when you play cards and you throw low and you throw it too And you know the other ones got the ace New business mr. Skripalk. I have a good holiday. Bye-bye. No, I think that Kevin will talk about No new business, thank you When is the school? When is the next school enrollment Wednesday evening the 21st 6 p.m. I just wanted Just a couple pieces one I just wanted to point out the letter that was on the board's desk For the fifth year in a row We have placed in the annual town report awards from the MMA, but it seems I'm sorry, and how many years that you've been town manager? It seems the MMA has taken a different approach. Usually they tell us what place we won right with this letter Now they're saying we have to go or someone has to go to the awards ceremony On the Saturday evening at the MMA to find out what place we won So there's a little bit of suspense mark because when they tell you you came in third or fifth There's a legal maxim that you've got to be in it to win it So this is just a great recognition of a lot of hard work by Joan Roman and really all departments and committees who contribute to the annual report every year as part of our total communication Package to the town and the only other thing I wanted to mention was Went to a nice retirement party today for two police administrative staff Maria Biacella and Linda Bernier Maria 17 years working for the town Linda 19 years And it was a nice nice retirement get together with the folks from both police and fire Who worked with Maria and Linda over the years so it's very nice to to be able to wish them well and you know They're great town employees and they'll both be hard to replace That's all I have How's the pipe thought insulated not leaking So to fit your appetite Wednesday night is the Select tones with the magical singers in the Allington Jazz Band The only thing we're missing is Richard Duffy, but we only get him once every hundred years or something But so here's the program for those of you who may be interested But it's 7 30 in the town hall And it is free Although as a Tino Dagestino says we let you in for free, but we charge you to get out We would accept any donations and they'll go to the Allington food pantry and the Allington high school music program but a lot of work by a lot of people so and I know all of you will be there because you all have solos Actually be there for mr. Kuro solo. It's worth it, but otherwise happy holidays everybody Long-range planning meeting met this morning. We got information from The schools about their budgeting process and what it's looking like with their population growth and so on and we looked at an updated long-range plan from the town manager and the deputy town manager and You know no news flashes. We're going to run out of money in 2021