 Welcome everyone calling to order the meeting board of select in the town of Arlington Monday, July 22nd 2013, thank you all for coming I'd like to open this For them for a moment of silence town meeting member Nancy Sweeney Who's also a member of the Human Rights Commission and a longtime volunteer at the Jason Russell house passed away last week? Our thoughts are with her family and friends. Could we have a moment of silence, please? Thank you Just a quick note about tonight's agenda. I'm going to be moving one item up the memorandum of understanding I'm going to move up after the treasurer and another element is just in case anyone was working from the original agenda We issued an addendum today that has an additional borrowing on it And so we're going to be covering that with the treasurer when we talk about his item Okay, first up consent agenda. We have the minutes of the meeting from June 17 We have a whole series of reappointments. These generally get bundled into every six months at this point But these are reappointments that come from the town manager board of health. Dr. Michael Fitzpatrick Board of Youth Services and Horgan Cemetery Commission Michelle Hasler Conservation Commission Curtis Connors Nathaniel Stevens Charles Tyrone Constable Richard Boyle Disabilities Commission D. Heidi Hampel Human Rights Commission Sherry Barron library toys trustees Joyce Rodosha Open Space Committee David White and LaRoyer Park and Recreation Commission Leslie mayor personnel board Richard Terry trust fund Commission Augusta Haydock For the trust front commission sorry vision 2020 Mary A. Harrison all of those with terms to expire on June 30 2016 sorry, mr. Chair also William McCarthy for Cemetery Commission. I knew I missed something there. Thank you William McCarthy under the Cemetery Commission. Sorry about that under Park and Recreation Commission James Robillard terms to expire 630 14 Donald Vitters and Jennifer Rothenberg terms to expire 630 15 And those were all reappointments and new appointments of new election workers Barbara Gardner Martin Caldwell and David Fuller. Do I have a motion? I move approval. Second. Any discussion or is anyone of those people I just named here who wishes to speak or be able to hear Yes, I saw someone move Thank you for your service. Was that mr. Stevens? Come on up and say hi Take you take the praise for all of the committee members who do the town's work. Thanks very much on the conservation commission We appreciate the board of selectments support the town manager support with all our issues and at least but not last Juliana Rice for helping us with any of the issues when we need support So thanks very much and the other commission members could not make it tonight, but they thank you as well We are delighted for your service and thank you for coming up and accepting the the reappointments of so many people Thank you. Any other comment? All those in favor, please say aye. Aye. Aye three zero. I should also have mentioned Mrs. Mahon and Mr. Greely are both out of town tonight this meeting had originally been scheduled for last week And then I asked it to be moved and the so that caused some scheduled commission collisions They regret that they can't be here with us Next up is item number two appointment. This is a new appointment as opposed to the reappointments We just did to redevelopment board Andrew G. Bunnell. Mr. Bunnell Come on up to the microphone. You can tilt it up a little bit. It's very flexible Tell us a couple sentences about you why you're interested in this board. Thank you. And of course, thank you for joining us Thank you for having me. I'm a four-year resident of Arlington looking to expand my involvement in the community I'm an attorney. I've been office in Wuburn Practice in the area. I have some experience before becoming an attorney in redevelopment economic development land use planning and When I saw that the position was open it really piqued my interest and seemed like the perfect opportunity for me to really Get involved with Arlington and help the town move forward particularly with some of the things are happening in town right now Thank you Mr. Kira did I understand part of your practice currently is property law? Yes. Yes property and real estate development No, thank you. Yeah, my only comment is welcome to the hot seat a little bit You know some of the board that board handles some of the controversial issues that really shape what Arlington is going to be like So I understand I'm looking forward to it, but you know, it's It's all good. It's all a good debate All right, any further comment or discussion no motion. I move approval of the of the recommended appointment second all those in favor Please say aye. Thank you very much. Thank you very much. I look forward to working with it. Thanks All right, Mr. Gilligan next up requests for borrowing We have requests for to proceed for the capital projects vote to extend equipment and the late agenda item to town manager To accept the Prince launch from the MWA. Thank you, Mr. Chairman members of the board here to ask you To allow the town to proceed to borrow over seven million dollars That meant seven million dollars is for capital projects authorized by the 2013 annual town meeting it is for one point two million dollars in sewer projects $650,000 in water facility projects and two point four million dollars to permanently finance The last phase of the construction of the Thompson school In addition to that, I'm also asking the board to vote to Extend the useful life of certain equipment which was spelled out in the in the memo that I forwarded to the board Last week not all equipment within These projects is being requested to have its useful life extended The request is to allow For the borrowing to be more advantageous to the town and also allow us to have an extended coupon Which means we will not start to make a first payment until into the next fiscal year. It's advantageous to the town financially Do you want to talk about all three or one at a time or how do you want to do it whichever whatever you prefer, Mr. Chairman, let's go through all three. Okay, so we've got the capital projects Which is over three million dollars those are spelled out in the excel Excel spreadsheet that I forwarded to you which were all voted by town meeting Again the water project and the sewer project. I'll touch upon the water facilities main project That is the emergency addendum item that also you mentioned earlier Unbeknownst to the town at the writing of this memo the MW RA has included the town in a local water sewer assistance program project where we will receive an interest fee free loan of $550,000 which only leaves the town Having to borrow a hundred thousand dollars for that water project if it was not on the agenda tonight It would not have been able to be on the agenda until your August meeting Which then would have delayed the issuance of those water bonds for another 30 days into September Hence the request to have it discussed tonight And also part and parcel of that vote is for your authorization for the town manager to act as agent for the town in authorizing that loan Questions No, no, it's very straightforward. Thank you. Thank you so much chair. I I move to Make sure I've got the language right. I know I have to be very specific on this I moved to proceed with borrowing is outlined in this recommendation for the town of Arlington to issue general obligation bonds geo bonds capital projects totaling three million five hundred seventy five thousand three hundred fifty dollars school construction geo bonds totaling two million four hundred forty three thousand seven hundred fifty dollars and four cents Permanently financing current bond anticipation notes bans for Thompson School construction general obligation bonds of one million two hundred $50,000 for construction of sewers and six hundred fifty thousand dollars for construction of water facilities Any further discussion all those favor, please say aye Mr. Chairman you did that in one breath Yeah, and I have a question for council actually as I make this next motion Do I need to read out all of these lines or can I can I reference it in the motion? Oh, no, you can reference I don't have that many breaths tonight. Okay, I move to it's all right I move to vote to extend the useful life of certain equipment within borrowing a stipulator under GL chapter 44 section seven nine and seven three a The recommended vote for useful life of equipment as provided by bond council being Enumerated in the memo provided to us by the treasurer dated July 16th 2013 Second any further discussion all those in favor aye aye three zero. All right. We're two for three Last one I'll grab it go for it. I'm not going to be as in depth as you are This is the motion that would like that's it perfect and and the administrator to the board has the full vote Yeah, excellent. I Move that the board of selectmen authorized the town manager to Act on behalf of the town as its agent and executing agreements in performing any and all actions necessary Secondary In regard and that's in regard to the mwr. Yeah, excellent Any further discussion? All those in favor, please say aye Mr. Treasure anything else? Thank you very much, mr. Chairman. I just like as I stated in my memo I will be appearing before the board in either late September or early October Having proceeded with the bond sale and we will time that in the best interest of the town with respect to a sale Date, and I thank the board. Thank you for your time. Thank you very much All right one item to be taken We are going to take item number 13 for approval draft memorandum of understanding battle road scenic byway Hello, thank you. This is Clarissa row and Angela old news scheme And I just There is a there was a four-page memorandum in your packet Both the town manager and the town council have reviewed it It's between the town of our towns of Arlington Lexington Lincoln and Concord It's setting up a management structure for the scenic byway The battle road scenic byway I think the things that would concern you the most or what kinds of powers you're giving away There are no powers being given away the Any money request would have to come back to the board of selectmen the way I read this and Obviously Adam and Juliana can talk about it The ultimate power really resides in the form select boards But it is a way of setting a program for the management of the scenic byway The four towns are members the National Park is a member and the membership is spelled out I think it's pretty self-evident Pretty flexible and not too rigid Anything to add Reading through this, I think this is very straightforward. I think it's very exciting that we're fine I know this has been on hold for a while, you know pending the availability of some funds to push forward with the battle world scenic Byway project and I'm very excited. I know we have the right people also representing the town In this so I will move to approve the mo you pointing out the need for one small clerical change in The first page under Roman numeral one Number two the first line that the spelling of funds at the end of the line that seems to yes I've dropped a lot of funds Would love fun would love to disperse fun That sounds great funds, so I also move yeah, I'll second and I'm excited about this as well I think about like my early days in town meeting and how we were talking about like how you know Lexington conquered everyone talks About them and you know we need to make sure that our link gets involved and so on and so forth and this feels to me Like you know it's been years of work But this feels to me like some of the articulation of that progress and I think it's really exciting I think this is this is going to I believe that this is going to be an organization That's going to help you know ATED and others really drive a lot of economic development for the town I'm very excited about it, too. Thank you very much. Can I make one other point? One thing I'm excited about and this is that it's always struck me that as we try to compete With our neighboring communities that the presence of the National Park Service There gives them a great Advantage compared to us. I'm glad that we are now in an agreement like this Well, we do have some kind of a formal relationship with the Park Service and the National Historic site. Yeah, and one of the things I actually asked the representative from the National Park Service about was Trying when the maps are republished and of course, they're just about to be republished this fall But in the next publication to include Arlington in the map and I think that would help tremendously and He promised me before but I think this time. He'll keep this promise Excellent for the discussion all those in favor, please say aye. Aye. Three zero. Thank you very much Next item on the agenda are public hearings scheduled for 715 it being after 715 We can start the public hearing and these are discussion of the alcohol compliance report So I am going to invite our detective to run so we have six restaurant or licensees that we Are going to discuss. I'm going to invite the detective to talk about the process of the procedure and The events related to all six And then we're going to go forward and hear each one of the go through each one of the six Licensees one by one as listed in the order of the agenda buying anything unexpected I It's also worth noting that the board has previously adopted a set of What's the word I'm looking for the Guidelines. Thank you. So we have a we have a template of Response we first we are going to be doing essentially finding a fact to see if we think the reports are accurate And if we think that there is a violation then we can follow those guidelines But the guidelines do give us flexibility if we think that Given violation was particularly Strong, you know egregious or minor So I guess with that I'm gonna if you could introduce yourself and talk to us and walk us through all six the process procedure So on and so forth. Okay. Good evening. My my name is Gregory Foley. I'm an inspector with the Allington police department On Tuesday and Thursday June 11th and 13th The Allington police department conducted alcohol compliance checks on Various restaurants and liquor stores in the town We utilize to underage operatives Prior to going out on the street and checking the businesses for their compliance We take all their personal property. I secure it in an evidence envelope. I keep it at the station They have no cash or anything in their pockets all the cash that's used during the compliance checks are provided by me Prior to going out we also take the underage operatives to our booking room and we give them a breathalyzer Prior to going out on both nights. They both operatives scored 0.00 which is no alcohol at all And at the end of both nights, we do it as well and on the end of both nights They both came back 0.00 So there was no alcohol consumed during these checks They signed off on the town of Arlington guidelines the town of Arlington release forms prior to going out and we went over the Commonwealth the mass compliance guidelines Through the ABCC the alcohol beverages control commission where they understood what their role was in the in the operation We like I said we used to underage operatives we took photos of what they were wearing prior to going out on both nights I also conducted the checks last year in 2012 as well Thank you. Can you and then just so You went through essentially half of the checks on one night and then half of them on another. Yes, just to Kind of break it up a little bit not get overwhelmed doing all the establishments in one night Yeah, on Tuesday the 11th. We did 17 checks and on Thursday the 13th We did 19 checks on the first night Tuesday the 11th. We had two violations And on Thursday that we during the 19 checks. We had four violations Mr. Kara and just to elucidate on that that point just so everyone here and at home is clear checks were performed on every single liquor store and Other restaurant which serves alcohol in the town of Arlington Well, they're correct. There was two places in town La Posada up in the Heights. They it's bring your own Alcohol, which we don't we're not going to supply the kids to go in the restaurant And the other one was the Arlington diner which had changed their hours for the summer And they closed at three in the afternoon. So both nights. We went out. We left at four Okay, but there's been no violations there right at 3 p.m. As far as I know But but they should they should be aware that that they're subject to a check just like any other because this could happen And you know on a different day next year when it'd be open for business And just to so the people at home and I mean the audience know what we have in front of us So we have the report From the like the written report from inspector Foley and it describes in the cases of the ones that where there was You know, it says no sale asked for ID no sale asked for ID for most of them But then for some of them you get a description like the two operatives sat at the table close It's a coke refrigerator in order to bottles of blood light the waiter brought two bottles long and so on and so forth So we've got a written description of what the operatives saw as reported by the inspector Foley And so that's part of what we're looking at and talking about when we talk to these Licensees Okay, any other questions or comments? All right, if you could stick with us to see if we have any future questions we go along First up is Manahouse from 9a Medford Street and it should be noted. This is I you were This is a second offense. You came before us last year and we thought we found you had violated the policy Can you talk what could you talk to us about this report? I will translate for him. Okay. Thank you Can you give both of your names? Just I'm sorry if I my name's Ena Choi My name is the song just joy. Yeah, thank you So I do remember exactly what happened that night there are two people was a man and a woman they came in and They sat down and we gave them a new and they were looking at what to eat and I heard them what they wanted So while that was happening. I was taking care of another table and then when it came back They just wanted beer. So I said, you know, we can't just give beer. It's a restaurant You need to order at least you know something so They're like, okay. Well, can you give us like another minute? And I said, okay So then I came back and they just wanted miso soup. So at that point I was like, okay Well, I guess that's fine. So I gave them miso soup. But while I was doing that Like I gave them the beer first. I opened it for them But then when I went to kitchen to the music soup at that point, I just remembered that I was supposed to check their IDs The owner did remind me to did you check their IDs and I was like, oh, I forgot I should go check and then but at that point the other waitress already gave them the check and they already paid and they just left so Yeah, and then At that point I pretty much expected that I would come here Because he has been warning me about this and but other days. I did not forget. It was just that one time I forgot questions or comments start When So after You came last year. Oh, it wasn't me. I came last. It was my sister But after sorry your establishment was here last year as a restaurant. Oh, yeah, the restaurant. Yes You we Candidote a penalty of what I believe two days is three three days Not serving I'll call what type of impact did that have on Your restaurant and do you know, do you think that that didn't I guess that punishment didn't you know prepare? You guys well enough to make sure it wouldn't come here again. No, it definitely did prepare It actually You know losing that three days, you know cause us to want lose money and that really affected, you know, the owner and Yeah, I got in deep trouble right after from the owner. So right after I always checked So just that time I just forgot through split second Carol what specific measures were taken after last year to To ensure that employees I mean how many employees are there at the establishment to Serving just to to And what specific measures were taken to? You know ensure that the compliance checks were that the people didn't forget The owner would always tell me or the other waitress. I'm sorry The owner would tell me like remind me yeah every day well not every day But only when I work I work Tuesday Thursdays and Friday nights. So Yeah, if he knows I'm taking out alcohol. He was Did you make sure you checked and I always check right after or right before I give it to them I go back out and then I say oh man check your ID, please They always give it out So mr. Chair, how are you proposing to proceed this evening? Would you like to are we going to hear from all I was thinking As we go yeah, I have some comments But you want to hold off making that's fine. I was just I was thinking that we should take unless there's a specific reason I'd be inclined to handle each one as we go. I agree. I think they're all individuals, so I can sense this So From what I hear what I hear is we've got two checks and two failures We've got a failure that we came here We talked about processes and implementation to make it such that we wouldn't have a failure again Clearly whatever processes we we talked about and did not work What changes will you make to make sure that there isn't a strike three? Yeah, like no matter the age I'm always going to check it's the law I'm not gonna Forget this time So I guess I'm not satisfied with that because people come people go. It's not one person forgetting It's not one person remembering you like you've got a systematic problem here It isn't just a single person like I guess one of the things that you that you know I'm an engineer in engineering backgrounds. You talk about you don't have you can't You can't plan for the next time someone being smarter. We don't get smarter. We have to we have to build a system around that Yeah, I am I mean frankly. I'm unconvinced that you can That you know how to stop this from happening again I need to hear that you can adopt a process that's going to change that's going to make a different result Well, I mean it's common sense that I have to check it. It's the rule. So we're over to yeah common sense is not prevailing Yeah So you were here for our last hearing You heard the steps that a number of the other restaurants were taking to avoid repeats They include things like documentation training checklists signage. There's a whole bunch of things like that. Have you adopted any of those? Get done restaurant Yeah, he did it all for could you elucidate? For the most part remember he would always just tell me Or not when I'm working, but during break time like right before I work you'd say can you please make sure you check your IDs? like that so that we don't have to get in trouble and All right, I'm gonna ask my question again. Then what are you going to do differently to prevent this from happening again? Because I just so you're clear I will not vote for you to have a license if you're gonna do if unless you promise changes There you clearly aren't the process you're using is not acceptable You have to come up with a new one and if you don't commit to a new one I'm gonna personally be supporting revoking your license You can't tell me what to do with my mom and dad I'm not talking about it I'm talking about something else They don't believe that They'll give me a license I think I should give it a try Okay That would be nice Because we're not really sure exactly what we can do can do, because I know that forgetting is not, you know, like intentionally either, but what do you suggest that we could do? Because I don't know. Mr. Kira, is your staff tips trained? Sorry. Is your staff tips trained? Yeah. So the training should have given you some, some guidance around, around what to do. I mean, I think perhaps one suggestion might be to take the training. I mean, it's just. But I do have a question for you. I mean, what is your pop? Did you set any policies and any expectations with your with your customers after the last time? I mean, what is the expectation? Is the expectation that you will be carted if you appear to be underage? So ever since that time, the thing I got annoyed was, like, when I would check their IDs, they would find it kind of ridiculous, even though it's a rule and it's a small restaurant. So I don't know if that's why either. But I would explain to them, like, you know, this week, you know, we got a penalty like a few months ago and we don't want that again. So we need to check the IDs. It's not because, like, you know, you know, you're over 80 and I don't believe you. It's because it's the rule and I have to do that because I don't want to get in trouble. But and I would check it every day. It was just that one night. Yeah, just first one second. I just forgot. OK, so could I continue this question? I want to believe it's just one night, but we have no way of establishing that. It's a big coincidence. And we just do the checks once once a year that that that would happen. I tend to be on the same page with with Mr. Dunn on on this. Our guidelines say that as a guideline, as a guideline for a first offense, the guideline is to suspend the license for three to five nights for a second offense, six to 10 nights. We always have the option, though, to revoke the license. Within that, we have discretion and we're going to have to make that decision tonight. The way I think about this is I take this extremely seriously. And I and I think starting from the from the harshest penalty and then work back and if somebody didn't show at all, I'd say forget it. That's a lost cause. If somebody shows but is not able to demonstrate a real clear plan, as Mr. Dunn stated, that also for me is a strike against them. Things that are that help and we've seen this and we will see this in some of the other hearings are when licensees provide us with plans. A couple of licensees proactively provided us with plans and procedures for how to avoid this other things that I'll be taking into consideration tonight for you and for the other licensees. So if anyone else is listening is whether or not there are repeat violations in successive years. This is a real problem that there are repeat violations in successive years and I think we have now a number of repeat violations tonight. Regardless of what we do with the other licensees and the others, three strikes definitely is out for me and two maybe if I'm not convinced that there's a proactive plan to address this. Yeah, going off of that plan, I think that what I would do if I was in your shoes would probably be have a card, every one policy moving forward and I know other restaurants have really put up signs to instruct their employees on how to kind of go about this and I do agree with my colleagues that we're not really, you're not explaining that process to us and it does give, it does make me a little hesitant on how to move forward in this circumstance but just saying that you're not going to forget is, that's not what I'm looking for at least and I don't think that's what anyone else up here is looking for either. I don't know if you want motions yet. I've got a thought for a motion that perhaps one of you might want to make that I would come in and that is, so the way the town council has asked us to work is whatever motions in the memo that she provided us is one of the, is that whatever decisions we make would kick in after our next meeting so that she has time to write up the formal results of these hearings and I would be interested in supporting a motion that is something that's happening 10 days or whatever but is actually indefinite until we receive a written plan for mitigation of prevention and I'm sure that our offices, Marie and Marianne will be able to help them put together, show examples that we've received from other things and the answer and if they come back. You're saying no less than 10 days. I'm saying no less than 10 days and indefinite until we get a plan that we as a board approve. So that gives them the option of they come back with a plan and we approve it on August 19th which is our next scheduled meeting then that would be the suspension where we vote. If they fail to come back with a plan that is satisfactory then that suspension is indefinite. I think we'd be on a solid legal ground on that. Is that correct, Ms. Rice? Yeah, I just, I guess we'd want to better understand about indefinite, would it be indefinite until such time as they've provided a plan in the future? Until we approve one. Okay, yeah, that's fine. And do you want 10 consecutive days? Yeah. I think that's the way, I think we kind of have to do it. I mean, yeah. Okay. But that's my suggestion in the image. I think that's a fine suggestion. So I want me to try to frame it. I move to suspend the restaurant liquor license for Manahouse for 10 consecutive days. Starting on, and I know the recommendation was the same day of the week. Mm-hmm, they were a Thursday. Yes, to commence on a Thursday, and to keep the said suspension in effect until such time as the licensee is able to produce a plan that meets with the board's, a plan, a mitigation plan that will meet with the board's approval. Do we have to give a specific date and that motion that this will start or just the Thursday? Well, I think what we were saying is that this would be following the... Yeah, but let's say we should, let's put a date that would be the start. What is the start of the suspension? The 23rd, would that be 19th? If we say Thursday, it would be Thursday, the 22nd, Thursday, August 22nd, August 29th, September 5th, or the Thursdays? September 5th. That way it gives the licensee an opportunity to come in in August and cap it. I second that. Any comment, Ms. Rice? So do you understand what we're proposing? So you're giving us, so we're not going to talk over 10 days? So we are suspending your license for 10 days. 10 days. Starting September 5th. Okay. And that suspension is more than 10 days. It is indefinite until we receive a written policy that you adopt. That meets our approval. So you have to get us something, which presumably if you give it to us, our next meeting is August 19th. The deadline for you to get our agenda for August 19th is the previous Thursday. If you get us something by that Thursday, we'll consider it on August 19th. And if we approve it, then you have a 10 day suspension. If we fail to approve it, your suspension starts on September 5th and it continues until we approve the plan. There's a lot of good samples from some of the other restaurants in town. And there's a lot of process stuff that you can do. Putting signage on the liquor cabinet, having employee trainings, having refresher courses, redoing tips trainings. You can see we're pretty skeptical. I forgot to split second. You're over two. Like we've only checked twice. You haven't gotten it right once. I'm pretty skeptical. So I might make a suggestion that, although I know it's probably somewhat uncomfortable, you might want to stay and listen to some of the other licensees and see if there are some ideas that they're bringing forth that you could adopt also. Good idea. Okay. Any further discussion? We have a motion from Mr. Kerro, seconded by Mr. Byrne. All those in favor, please say aye. Aye. Aye. Thank you. Thank you for coming. All right. Next up, not your average Joe's. 645 Massachusetts Avenue, first offense. And I guess I should have said at the previous one that our first offense are recommended to is three to five. Three to five, thank you. And our second offense are recommended six to 10. So we just handed out a punishment that is on the heavy end of the second offense. Gentlemen, could you introduce yourselves and talk to us? My name is Steve Silverstein. I'm the founder and CEO of Not Your Ever's Joe's. With me is Joe Gottlin, Senior Vice President of Operations. And John Forbush, who's the general manager of the Arlington Restaurant. Thank you. I saw that you dropped off this envelope, but unfortunately it was too late. I reviewed it just a minute before the meeting, but I haven't read it closely. I can walk you through that. Listen carefully to the previous hearing. We regret and embarrass that we're here. We've been in Arlington for 12 years. I've served over a million and a half people. I'm not sure how many previous things were conducted in our operation, but this is our first offense. It's unfortunately, Joe will explain to you the process that we went through. Joe actually said, well, why don't we offer it to help? And I said, yeah, but we're here too. So we admit clearly the cases written up by the inspector. We had a young lady who was trained, and I think you'll hear about an extensive process that we go through. And I'd say beyond that, we've served over 25 million people in the state of Massachusetts, and we've never had a meaningful, whatever exactly that means, liquor issue in the state of Massachusetts. So we had a young lady who was trained, who signed that she was trained, but she didn't follow the policy. So maybe if you would like me to ask Joe to take you through our process. Thank you, please do. Thank you, Mr. Chairman and Board. And what you have in front of you, and I'll just walk you through it quickly, on the green tabs, the first tab will be our policy book, our book of Joe, as we call it. And the tab that's highlighted there specifically states our policy as it relates to alcohol service. And if you look at that, it specifically goes to the point of carding potential underage guests. We set a policy and we set our buyer. We felt at a reasonable place where if anyone looks 35 years or younger, we require our staff to card that person. And I can tell you, we receive a fair amount of email complaints from guests who have been over the age of 21, but did not have their proper identification. And we refused alcohol service and it took exception, but we don't sway on our position there. The second tab gives you a signed document that will require every new employee at their orientation and training to sign off, that they acknowledge the policy and specifically rewrite the policy, again for them stating that they are required to card anyone 35 years, who appears to be 35 years or younger, and sign that document understanding, and it's also written in that document that failure to do so will result in immediate termination of their employment. Something, by the way, we take to heart providing job opportunities for people throughout this community, for example, and to terminate someone we don't take lightly, but we believe this kind of violation is serious enough that would require that immediate action. The third tab is their acknowledgement that they read the book of Joe and accept all the findings there, so it's another second document that we require their signature to further make the point that they understand our policies and procedures. The fourth tab shows you in our training materials how this subject is covered and not only do we discuss the carding process, but also the topic of over serving, looking for behavior on guests who might come in who have been drinking elsewhere and the responsible policies and procedures that go along with that. And then the final tab is our final exam that we require for any employee, server, or bartender to be allowed onto the floor. It's a 50 question quiz, I believe, and it shows in the tab that one of the questions is to write out the policy specifically rates to carding, all of which this employee who had this violation completed. On top of that, we've submitted to you the signed documentations of these policies from the employee in question. And furthermore, we show documentation whereby once we looked into this, once we were notified by the board at what happened, we did in fact terminate the employee immediately. There's one other page there on the back that shows a list of 25 employees. Those are all of our employees in Arlington who are responsible for serving alcohol, either as servers or bartenders. Our liquor license in the town of Arlington does not require us to have all employees serve, say, certified, some other towns do. They do require our management team to be served, say, certified, all of which are and we have documentation to support it. When we were notified of what happened, it was a wake up call and as Steve said, and someone who's responsible for operations certainly disappointed and embarrassed that we are even having to be here, we immediately took steps to have every single employee in our Arlington restaurant, serve, say, certified. They have completed that certification. I believe there's two additional employees that were on vacation that were required to complete it before they come back on the floor. And furthermore, Stephen has gone so far as to mandate that not only in Arlington, but in every one of our 18 restaurants, we will require all employees to be served, say, certified as a requirement of employment. We take this very seriously. As Steve said, we've been in business in this town for over 12 years. We take pride in what we do and the jobs we provide, but when it comes to alcohol serving, we understand how serious this is and how important it is. I'd just like to introduce John Forbush, our general manager, if you had any questions for him. Thank you. Do you have anything you wanted to add? I just wanted to mention that I have been with Not Trevor Jones for over 12 years, hired hundreds of employees, have never had an issue with this in the past. I go through the same orientation with every single employee that's brought into any one of our locations, and I haven't had an issue up till this past June. And I do have that additional list if you don't have it in your packets there of all the certifications. Thank you. Questions on the board? This is extensive. Yeah. Well, I definitely appreciate the professional manner that you're dealing with this and the steps that you've taken to ensure this won't happen again. I think you've heard before that that's something we're pretty keen on and it's for the safety of our town and of course you understand that. So, you know, last time we did, for a first offense, we'd suspend the license for three days and I would be comfortable moving forward to that after I hear my colleagues' discussion. So, that's. Thank you. I'll support that motion when you make it. So I appreciate you coming forward. I appreciate you taking responsibility and you guys have done what we would, what we really ask for in a situation like this. I mean, because we don't want the mistakes to happen but at the same time when they do happen to figure out what changes you're gonna make to keep them from repeating is obviously the key to future success. And I really, I do support still that we enforce our policy. I think that we should give you a suspension and I will support that. At the same time, I think you're, I'm quite confident with the steps you're taking. We won't have to worry about round two. And I will also be supporting Steve's motion. I do think the steps that you take and go above and beyond and well, but I think just as you take this seriously and feel that you have to have a no tolerance policy and your own enforcement and internally, I think that we also just for consistency's sake, also have to be consistent with our policies as well as we go forward. So that is the lowest end of our guideline. And I appreciate that. Obviously I would like to challenge that, but if I understand your basis for that, I can't, I'm sure there are other good operators it sounds like the past violators received three days. It just seems a million and a half people later, you're going to affect 25 people's paychecks. I think we have an outstanding record. I can't imagine with the documentation what we could have done differently. You have a young lady who chose, we don't escort them to their tables. One thing is we operate in Virginia, Maryland, is that they have fines for the employees also. And I'm sitting here saying, God, I hope this never happens again, but it might be something you want to consider is to put some skin in the game for the employee who not only was terminated, but has a monetary fine because I can see a scenario, unfortunately, despite all these efforts, I don't know what else we could have done better, to be honest with you, where we could find ourselves in a situation and we're the ones that are penalized, we did everything that I think would be reasonably expected of us. That's an interesting question. Ms. Rice, do you know, does state law permit our rules to administer punishment to the server as well, or are we constrained? Well, the way the Massachusetts law is written is purely in terms of the licensee and actions that can be taken against the license itself rather than individual fines. Under Massachusetts law, as it currently stands, this board doesn't actually even have the authority to administer fines to the licensee. Only the ABCC can do that. So you understand, is that we've taken all these steps. I honestly, I guess I would challenge, not at this moment, we have other, you have other business to conduct tonight, what we could have done differently. I am going back to that point about, potentially financially charging an employee, I think of it more as a team atmosphere. While you do institute all these steps, which I think are fabulous, looking at it from the outside looking in or from my perspective is that, we're not looking at this one individual, we're looking at the team as a whole and the whole operation. But, Ms. Guerra? I do agree that the establishment though has gone above and beyond and I would be willing to entertain the three day suspension being non-consecutive rights. Three Tuesdays, three consecutive Tuesdays. I wasn't quite willing to go that far but I was thinking, let them choose the three consecutive days. Of their Tuesdays? Yeah. No? I think that we have a policy in place that we've kept intact and wild. So we have changed the start date in the past. But we've also, we've had the last, but at the last time we were handing out these punishments, we did, people did come to us with steps as well and we didn't seem ready to. Yeah, I guess I would say that this has been of all the times, all those people we've talked to so far, this has been the most convincing. So, one of you two gets to make a motion. It would, it would. You know, obviously as Steve stated it, we would have loved to not have any suspension but I also understand your point of view. To be able to choose the dates would be helpful. As you might have seen, we've made a sizable investment in our Arlington restaurant on New Orleans. If any of you have been in there, the entire interior is being redone. We're really excited to roll out this new prototype to the town of Arlington. There's a lot of excitement and enthusiasm with changing our uniforms. Just a lot of nice things going on and so the timing of this could be detrimental to the business and to the employees and I guess having some control over when that happens could be helpful. And maybe I won't get a second but I would move to suspend Dr. Average Joe's license for three days in the month of September to be designated by the licensee provided that the licensee informs the selectman's office of the chosen dates by August 50th. I will second that semi begrudgingly but I'm. It's probably where we are. Yeah. Any comments before we take that vote? I mean, you don't have to. I'm just, if there was a last question. No, we understand your perspective. I think you understand my perspective and I appreciate your willingness to dialogue it. Okay. Thank you. Any further discussion? No. Ms. Rice, any comments? I don't recommend it but it is within the board's purview to take this action if it chooses. Any particular, just because it's a violation, it's a deviation from our guidelines or is there anything else? My recommendation is always that the suspension run consecutively starting on the day of the week in which the violation occurred. Okay. I'm personally prepared to run a file of Ms. Rice's guidance on this one. Yeah, I think I am too. Okay. Further discussion? Sorry. All those in favor, please say aye. Aye. Opposed? Double checking. Three, zero. Thank you very much. Thank you. We will not be here again for this. Go ahead. Thank you. I will wait back at your place though. So, all right. Next up, Sabzi. 352A Massachusetts Avenue, second offense. Aye. Introduce yourself, please. Mayor Ron Costa Rodette. Aye. Joan Sabzi. I'm disgusted and embarrassed, disappointed to be in front of you again, obviously. Since the last time I was here, you know, tried to do the checklist. I took the suggestion of one of the board members that we ID everyone, it's signed up. The Hirees, Jose, the gentleman, was tip certified, surf-safe certified. He's not with us anymore at the restaurant. Every precaution, I mean now since then, again, you know, what I can do next is, you know, I put signage on the cooler, where they pour the wine. I put a monitor in the kitchen so I can watch them and be careful. Just hired a new guy. I had my wife go in, secretly order a drink. Thank God, you know, just whatever I can do, even like, I don't have to wait a year or whenever this thing operations are, I'm gonna do my own. Make sure that they follow it. Again, it's, but it is my responsibility and what the, you know, what the staff does. Any suggestions or any things? I mean, we have a guideline that, you know, when they hire, they sign off on it. It's brought up. I mean, we don't have meetings every day. It's a small restaurant. We have, you know, three staff. I mean, I see them every day. But I mean, I make a memo now in my cell phone to just be, to remind them again, check ID. Don't risk it. I mean, I mean, but then at the end, it's a human nature and you wish that people, you count on their good judgment and that they follow up on it and my job is to help them and make it easy for them and that's it. I mean, I really feel terrible to be here. I know it looks terrible. We've been open two years and twice. I know your face is, it's terrible. I don't want to, but I'm in it in the long run with a license or without. We live in Arlington, married in Arlington, put so much money into a little place and whatever it takes, I'm gonna move forward. Now, can I guarantee you 100% I'll never see you again. I'll be lying if I say yes, but I can guarantee you 110% I will do my best, whatever I can, whatever I can do to not be here, that's in my control, absolutely. I just want to note that before the meeting, you provided, in fact, last week, you provided us with some documentation. Yeah, by the way, I just did that. Just, I mean, and then I think at night, what else can I do so it's not repetitive? I'm gonna change the paper on the cooler so it's not always the same color. It's green and then it's blue and then it's yellow so it shows up on it. I particularly like this one, which is on the front of the fridge. You've got something that reminds people at the moment. Yeah, before they pull it out, it's like, hey, go back and just check again. It's, I mean, they're kids and for them, it's just a job. You'd be lucky if they stay six months a year, but whatever I can do to let them know that they're doing me a favor to do their job right. Mr. Cura, and what is your standard for ID checks? What's the expectation you set up for the customers? Just to take the guessing work out of it, ID everyone. I mean, if they get insulted, that's the customer we don't even want. If they don't get it, it's because that customer, if they're old and they have a kid, I think they would appreciate it if they go to an establishment and their ID is checked. Funny part is the waitress that's still with us, Bahar, who was the waitress last time. She almost checked, you know, she checked a couple that was way older and the guy was a little bit upset and he pulled up his wallet and he was a cop. He showed his badge, but she was like, I'm sorry, your wife. But that's what you want. But on that day, I know it seems terrible because it's two times and we did that. Jose, tip certified, Cersei, mental lapse and here we are. But it's my job to, next time he opens the fridge or he's about to do something, help him out. Help me out. I'll put a monitor in the kitchen so I can see it. So if I can see somebody at a table and doesn't check ID, at least I can ring the bell. Hey, what are you doing? My inclination on this one is to do a straight 10 day suspension, but to accept the measures that have been presented to us as a good faith effort to prevent recurrences. I did appreciate that they were provided to us ahead of time so that we had a chance to review them. I note that there is a log in here of when employees received the uphaul training and guidelines. We do have examples of the signed policies and pictures as well of the signage that is around the restaurant to remind staff as well as a full-size blow up here. We ID everyone, which really goes to the heart of the question I've been asking the other licensees. What's the expectation that's set up with customers? I think especially, we heard with the last licensee that they have confidence and they have demonstrated that they are able to use some kind of discretion but I think that with a second violation I think it is important to take, as you say, take the guesswork out of it. So I appreciate that. I'm willing to accept this as a good faith effort and not have an indefinite suspension after the 10 days, but it is a second violation two years in a row and I think we do take this seriously. I'd lean more towards sex myself, which I think. So I think that Steve means that you get to call the shots. I was thinking, I think that eight might be appropriate if we came and met in the middle. But just because I do think that having a second fence we have to show that we are very serious about this. And I'm not saying that you're not. I think that you have made a lot of points to show us how committed you are to running your business well and that's something we appreciate. And unfortunately, we do have to take a measure and I'm sure you understand that. Absolutely. So I'll move that the alcohol license of Sabzi restaurant will be suspended for eight consecutive days starting Thursday the 25th, September 5th. Thursday, September 5th and with no further actions needed after that. Second. Any comment? Any further discussion? No. Is it ready? Bye. All those in favor please say aye. Aye. We zero. Thank you. I'll see you again, but again, not here. Exactly. Next up, Shushay. 434-46 Massachusetts Avenue, first offense. Hi, could you introduce yourselves? Okay, sure. My name is Wendy and this is my mom, Mrs. Lowe, and she owns a restaurant and a manager here. You're the manager at the restaurant? Yes. So could you tell us about your reaction to the violate to the report, whether you think it's accurate, what steps you've taken, and so on and so forth? Sure. Well, the restaurant we have been here is about over 30 years and I think we are the first restaurant, Chinese restaurant in Huntington, too. And this is our first time, too. So hopefully this will be our last time, too. And I will change our guideline and will be more carefully and to train my staff more carefully. And the time, I think the time may come to check I was away with my mom. So I think we had a new service person. So that's why, you know, I don't know what. I asked the bartender, who's just my brother, and he told me he was, I think he went to deliver. So the new person, they didn't care for me. He think he's older enough. The age, I asked her, she told me, you know, they look like over 21 because I think she asked those two, I don't know, 21 because I think she asked those two men for the license, for the ID, but they said they don't have. And she was thinking, she's just, from her, look like, you know, she'd say, look like over 21. So she serviced the two, I think, a lot, a lot wiser for the two men, you know. So that's why, how that happens. So I will, you know, more carefully in the future, you know, to, you know, train my staff, you know. Yeah, when I was reading this, I did find it interesting that IDs were asked for, and then that was just kind of disregarded. Yeah, they did ask for ID, but I think they said they don't have ID. So she just stood by herself, she think, you know, because time my brother's not there, I think he went to deliver. But, you know, either way, the fact that she's new, or she could have been there for 20 years, that really doesn't come into play here. Yeah, I understand. So, and I, as, you know, I guess I'll ask, as we did the other, the other individuals who came up, what type of, like, overall policies have been implemented since this has taken place? And what, to make sure that this won't happen again? Well, we probably had to have the, you know, just, you know, have the class or something, you know, for the, you know, for them to, you know, taking some class, you know. Mm-hmm. The Y and B, you know, class, you know. Or we have just have hired someone to train them, you know. Yeah, well, I think, you know, you saw, you've been here and you saw some of the other people before you, and they've, you know, put up signs. They've, you know, taken real proactive steps, and it doesn't, you know, real concrete, you know, steps, and you just, I'm not getting that you're prepared to do so. Well, well, the last thing I want to, I can say is no ID and no service, you know. That's why I would tell my staff, you know. Mm-hmm, yeah, I think that's how it should be. Yeah, that's why I'm going to tell them like that, you know. So don't look from outside, you know, the age, you know. Just think, guessing the age, you know. Mr. Cure, do you mind if I go? Please. So, I'm definitely concerned that you're not making structural change, that you're not recommending that you're going to make structural changes. Saying that you'll train them more isn't a structural change. That's doing the same thing again. Mm-hmm. So we've seen three people come before you. Two of them brought real concrete steps. They said, you know, we're doing this change in the policy. We're doing this change in the signage. They're doing this difference in their training. This in terms of their, you know, each, the two of them had very specific steps. One of them did not. And, you know, I was very unimpressed with that first one that didn't make any commitments. Whereas on the other two that are making commitments to make changes, you know, I believe that they're not going to come back. The first, you know, the first group that we had here was going to make any checks. We're going to see them again, because they're going to make the same mistakes again, unless they, or actually we won't, because they won't get their license change. So for me to support continuing your license, I'd like to hear you commit to making concrete steps in your process. We'll keep this from happening again. You get to choose them. They're your business. But I mean, some of the things that other team, other work with is written training, periodic checks, like monthly refresher courses, tips training, serve safe training, signage for your customers, signage for your employees. Like these are all things that are very specific and some, like their process changes that are significantly different from saying, I'm going to train them better. Are there anything that you're prepared to commit to? I think a way to follow up is older, you know, the one you told us. I'm sorry to say it again. I'm going to follow up and just tell them to do the things more, tell everyone to be in training for this. Yeah, I'm not satisfied. It's not concrete enough. Do you understand what I mean when I say it? Yes, I do. Are you unwilling to do any concrete steps? Yes. Yeah. Mr. Cura. I'm inclined to take the same formula that we took on the first one this evening, to recommend a five-day suspension that continues indefinitely until we receive a plan that the board can approve. And I recognize it's the first offense. And that, for me, that's somewhat of a mitigating factor, but I don't have a lot of confidence that there are concrete steps being taken. But I probably won't be supporting that. I thought that, you know, that was appropriate for Mana House at the beginning, strictly because that was a second offense. And we didn't see, we didn't hear any steps to get better. And at the last time we handed out punishment, you know, we went through this process. I think that would have been, that what you just recommended would have been the strictest punishment that we gave out throughout the whole last process. Sure. And so I just don't think that that really evens out at this point. It makes sense to me. I don't think that, after a first offense, you know, while I hope that concrete steps will be taken, and, you know, I'm sure that I'm confident that they will after, you know, no one wants to go through this process, which, why would you? But just having a first offense, I do think that, you know, a five-day suspension is appropriate, but I don't think that, you know, we have to, or I wouldn't be inclined to add, you know, extending circumstances to that penalty. I think that five days is, you know, it shows that we do mean business, and we're very serious about this, and we're not, you know, we're not taking this lightly at all. But being that it's a first offense, that's how I feel. So I'm more inclined, I support Mr. Carrow, and I can't support just a simple suspension. And my reason, and so I agree completely with your statement that I'm behaving differently than I did the last time, but I also feel like I learned from the last time. And the answer is, is I feel like we stepped up, we talked with each one of the people who came up there, and we talked to them about, you know, the steps that they needed to take, we got a lot of lip service, and then they showed back up again. And I feel like what I learned from that is, I need to see from the license holder that they're committed to changing behavior, and I believe I just asked, will you commit to making any concrete changes? And the answer I got was no, which I'm frankly quite flabbergasted. And until that answer changes, I do not think that they should hold the license. Okay. No, I don't see that though. And what, why with say, Sabzi who we just dealt with, even last time they did bring very concrete, they brought, you know, it was actually very impressive what they were willing to do. And that, you know, so I don't think that even just showing those concrete steps means... It does not guarantee success, I agree with that. No, and I don't think anything actually guarantees success, but... Well, obviously we need a second for anything, so... It looks like it's two to one, and I'm willing to... Well, yeah. So we get what, I mean, one of us can hold the gavel until we get a second, so we should just come to agreement on what we want to do and make that motion. I'm feeling pretty strong. And so, you guys... I mean, yeah, I think that we do have to require some steps. I mean, I'd be willing to go a little shorter on the duration, even just to four, just in deference to the fact that this has been a long-standing business that hasn't had other violations, four with an indefinite suspension until we approve a plan. I'm confident with that. Okay. So I move that we suspend the liquor license for Shanghai Village for four consecutive days to commence on Thursday, September 5th, and that said suspension shall remain in effect indefinitely thereafter until such time as the board is presented with a mitigation plan and approves it. So the motion that we're about to take a vote on, just so we're clear, is so it's four days. Our next meeting is August 19th. We invite you to provide a written plan for how you're going to prevent this from happening in the future. Okay. Thursday before August 19th is our deadline to get everything on the agenda beforehand. If we see that plan and we approve it on August 19th, it's a four-day suspension. Until we receive that plan and approve it, it's an indefinite suspension, but it starts on Thursday, September 5th. That's the vote we're about to take. Okay. All right. Any particular comment you want to make right now before we take our vote? Well, I don't think so. I had a choice, right? I don't think at this point you do. Okay. Ms. Rice? Go ahead. All those in favor, please say aye. Aye. Aye. 3-0. Thank you. Okay. Next up, sweet chili 474-72, Mass Av, second offense. My name is Verde Khairarati Khan. I'm a manager of sweet chili. Last year I was here. I felt embarrassed. And I also hire a tip training instructor come in to teach my waste staff. And this year has happened again. I'm going to rehire the tips training person to come to teach my waste staff again. And then I will also put up the sign for the customers and for my waste staff to remind them that before they're serving, they have to check the ID. And I always tell them that, you know, from what I learned from the tips in our training class, anybody under 40 years old, just check their ID. I've been open to business for 16 years. Comments, questions? So where do you think this went wrong this time? Because this is two years in a row now. My wet twist. She's had a bad day with her personal problem. And then she never checked the ID. You're reasonably certain you know which employee this was? Yes, I do know. As soon as I got the letter, you know, I told them, see, I told you guys many times to check the ID. And, you know, last year I got one. And this year I get it again. I don't know what's going to happen. And, you know, they say sorry. I say sometimes sorry doesn't cut it. I'm in trouble, not you. And, you know, I say, you know, I'm coming for the hearing tonight. I don't know what's going to happen. But I can promise you I won't be here next year. I will do my best to not going to let the third time happen. I will rehire the tips training person again and then put up the sign for the customer and at the service bar station. So thank you for coming in. I get how serious you're taking this and that's, you know, truly noted. I will recommend a 10-day suspension as with no circumstances following that. I think you realize what has to be done and you're trying your best to do that. So I guess I'll go ahead and move a 10-day suspension of Sweet Chili's license starting on September 5th. I'll second that. I mean, I would prefer it to see it in writing the plan but it sounds like you've definitely thought about this and you've stepped through a number of specific actions that you plan to take and I feel satisfied with that and I will second the motion. I agree with your assessment. I support that as well. So we're about to take a motion, vote on a 10-day suspension starting September 5th and with the sincerest hopes, the changes you're making keep us from seeing you here. Any further comment? All those in favor, please say aye. Aye. 3-0. Thank you. Thank you. Thank you. Don Lee, Szechuan Dumpling, 1360, Masao. First. Good evening. My name is Kwan, I'm the Szechuan Dumpling owner and I just own the restaurant like five, almost five months we knew in Arlington and then unfortunately I got a letter from the product selection a couple of weeks ago about, I knew that we got a violation of, about my employee and they never checked the customer ID maybe under age four, like a BNY. After a fight out, I know that was on June 11th, which is Tuesday, was my day off. Unfortunately, it happened, you know, and then I have a very serious like training and then warning to the two waiters who worked on that day about, I tell them need to know that they have a right and they need to check every customer ID like 35 or under. And then I definitely like, I believe they not gonna do that again and because they know that there's like a, there's like a last change if they really want to work to my restaurant. And here I promise that it's not gonna happen again in my restaurant before I really need my employee to check every customer ID in the future to keep away, you know, the violation or trouble. That's all, yeah. Would you like me to start? Please. So I guess, thank you for taking this seriously. What I didn't understand exactly and what you just described is, was there any part of what you just described like a new policy that's happened since, or was that all stuff that happened before June like the training or is this a new training that you just described or? Well, actually I have two waiter, they just knew here in my restaurant. Yeah. And yeah, unfortunately I never, you know, or maybe talk to them about like, they need to ID every customer look like 35 or under. And that's why maybe the problem happened and then I read, after I got the letter, I know we got a violation. I have a restaurant just talk with them about have to ID all the customers in the future. When do you anticipate hiring your next employee? I'm sorry? When do you think you'll hire your next employee? Right now or next? Like when do you think you're, when are you hiring a new waitress or waiter, do you think? Like later this year maybe? Well, as soon as they... What I'm trying to get at is, how are you going to train the new ones differently? Well, in the future if I have like every new, like waiter or waitress working in my restaurant, I have to talk to them first and then make sure they, they will check the ID, customer ID, like wherever customer look like 35 years or under. They have a right to do that and they have to do that. Is your training only verbal? There's no written, no test or anything like that? No. Have you considered putting in things like that? Yeah, I will. Okay, so if you look at some of these other restaurants that have come up that have had problems, some of the ways that they've mitigated it in the future is by adopting a more rigorous training program. And so one of the people who just came up said, didn't indicate that they were willing to change their training. And I found that pretty frustrating. So are you saying that you're willing to change your training for the future to make it more rigorous? Yes. Okay. I'd like to hear, could you tell me, yeah I guess, do you follow what I'm, like the more concrete things that you can say that you're willing to commit to doing make me feel a lot better about us not seeing you for a future offense? Yeah, well definitely we will do more training to my employee and then definitely we're not going to do that, make that evaluation again. Do your employees go through tips training? Yes, they do. I'm not quite there. Yeah, I feel like there's a definite will to make improvements but I would like to see them really more concretely. And I'm leaning towards the same measure that we took with two of the other licenses. Yeah, do you think like, as we've talked about, like putting some signs up on the beer chest, is that something that you'd be willing to do? Yes, I would. And you'd be willing to maybe ensure that if everyone who's even gone through tips certification would be willing to go through that again. And so I think those are the type of, that's what we want to hear up here is what I've, I don't want to speak for my colleagues, but I think that's kind of what we're looking for to hear from you so we know how to move forward. So if you could give like a brief guideline if you'd be willing to do that or in what else other steps you might take, let's just, oh. Well, I will, I will try to talk with my, we stop or we wait for interest about have to check all the ID to all the customer in the future to make sure we're not serving like customer underage. So definitely we're not going to make that happen again in the future. I'm leaning towards four with an indefinite suspension pending, a written plan, similar to what we just did with Shanghai Village, I think. Just, we would just want to see in writing what you're, just a summary, just some of the things that you're thinking about now putting into place for controlling this. If you could get it to us within the next couple of weeks, then on August 19th we could take that up. I'll second that. I think you're committed to this. I do. I think that you definitely don't, it's clear you don't want this to happen again. And I do think that just for our sake, seeing something written out would be really helpful. So if you could get that to us, I will support this. And I'm sure we won't see you here again. All right. Sorry, did you want to make a motion? I'll make a motion. I'll move to suspend the liquor license for Sichuan's dumpling before consecutive days, commencing on Tuesday, September 3rd, said suspension to be for an indefinite period of time until such time as we, the board receives and approves a written mitigation plan. Is there a second? I'll second that. Do you understand? Yeah, so we're about to take a vote. They'll suspend your license for four days starting on September 3rd. We need to see a written plan for the changes that you're making in your process, whether they're new signage, whether they're written training, written tests, whatever processes that you are willing to commit to that you think will keep this from happening in the future. You submit those in writing. Our next board meeting is August 19th. Okay. But we need you to submit them the Thursday before, the Thursday before that. So talk to, come into the office, or call up the office, talk to Marie and talk to Mary Ann, and they'll help you. But it has to be things you're committing to do. If we approve that plan, then it's a four day suspension. If you don't submit anything in writing, and if you choose, or if we're not satisfied with your plan, the suspension is indefinite until we get a plan that we approve. Okay. All right. Thank you. Thank you. Comments? All those in favor, please say aye. Aye. 3-0. Thank you. Thank you. All right. Well, that was number four. Number five. Outdoor seating. Thank you, Inspector. Thank you. Oh, I apologize, Inspector. On behalf of Chief Ryan and the members of the Yalink the police department, I thank you for your time. This is obviously an issue that we take very serious. I apologize for that. I was thinking of saying it to myself. I was going to call on you, and then I moved right on. No worries at all. All right. Thank you for having me. Thank you, Inspector. Thank you for being with us. Sorry about that. Next up, my fault. Outside seating permits. Answi, Barismo. So what punishment would you like? So, Hong is here, but I'm going to be doing the speaking. Sure. Do you want to point him out to us? Thank you. My name is Jamie Vincendale. I'm the manager of Brismo, and we're applying for an outdoor seating permit. As part of the due diligence, we took some time to put out a draft of the same materials we gave you, and we put it out and tried to get some signatures just to collect some information, let people know about 140 signatures. We are looking to expand the seating, not expand the seating, sorry, to add seats outside. It would be six seats inside and additional eight seats with tables and four seats roughly on two little benches. It would be a small barrier of planters about two feet in height to separate the road, and what you can't see on the plan is there's actually a tree right at our neighbor's space, so it just kind of nice shade gives it a nice divide there, too. So we chose to put it to the edge there, but still giving up room for people to open doors. The only comments that I had coming back from customers or about it was, what are we going to do for bike parking, which I don't have an answer to that, but as far as what the plan is, I think we're hoping to make the neighborhood a little nicer and achieve more of a cafe feel. So, just I want to note from the planning, the report for the planning department, the public sidewalk of the site is 15 feet wide. Applicants propose to use 11 feet of sidewalk for outside dining, leaving four feet for pedestrian travel, which is a minimum amount required by the town. Applicants have also demonstrated sufficient insurance coverage, and that was in addition to, that was just a part of a memo we received from one department and from other departments. That was particularly helpful. Comments? Questions? Mr. Carroll? Yeah, I just wanted to note, for the board's sake, that as I did with the last application for outdoor seating, I did visit the site and take a look. And, you know, it does seem to square with all of the reports that we received that there is sufficient space there for this. I think it would actually be an amenity to the place. And ironically, I think the last application we were outdoor seating, the bicycle parking was there and actually impeded the ability to have the furniture without constraining the passage on the sideway, in my view. But I didn't see that there. I think that this would be a, you know, a positive amenity, and I'd like to move approval subject to all conditions as set forth. I have a question. Do you want a second for the question? Yeah, I will second. Although my question is maybe for Marie, I know this best. When we were giving out the outdoor furniture to the capital creamery, do you remember how much space they had on the sidewalk? So they had four feet as well? Okay. No, I was just curious. I was trying to picture what there is to hear. No, I think this will be a great addition to the neighborhood. So I'm looking forward to supporting it. Me too. Anyone in the audience here to speak on this license? Further discussion? All those in favor, please say aye. Aye. 3-0. Thank you very much. Next up, request. Wine and malt license. Change of manager for Zocalo. Hello. Janet Federico. How are you today? Good. Good? After tonight, maybe I want to withdraw now. Sorry? After tonight, I want to withdraw now. Well, you know. There's some easy things you can do that will keep this from ever being a problem. What's your alcohol policy? No, under 35. Actually, this is what I do now. I've been doing for the last three years for the manager. I come in on Friday and Saturday night just as a second set of eyes. So I walk around from 6 to 9 o'clock and just check each one that they're doing their job, the waitresses. So you're moving to a full time now? Yeah. She wants to take a little time off. So I'm going to go into business. But I'm still going to keep my Friday and Saturday days as the second eyes on the liquor. Okay. I'll move approval. Second. Any further questions? No. All those in favor, please say aye. Aye. Thank you. Thank you for coming in. All right. Item number seven, request. Common Victuarial License, a new one. Whole Foods Market Group doing business Whole Foods. 808 Mass Ave. Who do we have to join us today? Good evening. How are you? Very well. Thank you. Mr. Chair, members of the board. My name is Mike Scott with Madam McLean and Fish. My name is Jim Strain. I'm a project manager for Whole Foods and KB. KB is the store manager and team leader for the Whole Foods in Arlington. We're here tonight to talk about post changes from the Johnny's to the Whole Foods. Yeah. And as part of those changes, we'd like to propose some indoor seating at the front of the store. And since the seating is within a grocery store, I thought it would be helpful to have a plan that shows where the seating is located. Yep. It's in the front of the store along our on-street. Is that you? No, no, no. Sorry, no. I apologize. Yeah. That's a tripod. It is. Sorry. Keep going. I don't want to delay, but you can see the seating is 30 seats with five tables. Whole Foods has seating at 26 of stores, with seating licenses, without any adverse effects to the community. It's something that the customers find helpful to be able to consume prepared foods on the premises. There's no wait staff. It's all self-service. You probably know depending on similar Whole Foods. So it's something that they've been successful with at other locations. And I'd like to do it here at all of them as well. Kate's here to answer the question about the operation of the store. James and others are seeing instructions. And we have to answer the questions about that as well. Any questions? Thank you. So I have used, so I've been to Whole Foods. I guess, do you have two in Cambridge or more? I've been to two of them in Cambridge. Correct. I've been to two of them in Cambridge. So I've understood. The seating I've seen has been on the outside of the cash register and between the cash register and the public, so to speak. Is there anything about the Arlington configuration that would be different from the other ones that I've seen? It's really not. It's the opposite of the cash registers between the cash registers and the front wall of the building. I'll move approval. I'll second. I just want to ask one question. I mean, usually we have a fixed menu typically just out of curiosity. Did I understand this is a rotating, you'll have rotating selections. So this is buffet style. That's correct. We don't have a or some of it served directly. So you can see an exhibit D of the application. There's a discussion about the menu items and there's 500 menu items. There's not a set menu. It changes with the seasons. It changes with the days. Some are served and some are just you select yourself. Okay. I think out of 500. Did you make a second there, Mr. Cara? So I think this is the first time Whole Foods has come before the Board of Selectments since you've come to town. I want to welcome you to town. I'm very excited to have you here. It's been a big part of our community and a lot of people worked there and shop there and so on and so forth. And so you're a different store and a different place, but I think you'll like it here. And I'm really glad that you've chosen to come and do business here in Arlington. Thank you. I think it's also noting that my understanding is that Whole Foods had extended jobs to most, if not all of the staff who had been at Johnny's at other stores in the community. That's correct as well. Great. Any comment from the public on this license? Mr. Kaplan, do you want to come to the mic? I'm just curious if you could give us an anticipated opening date. I'm sorry, do you mind coming up to the mic? Thank you. We have millions of people at home and they can't hear you. The opening date isn't public yet, but I can tell you it will be before then. Thank you. I guess you're lucky Mr. Greenlee isn't here for example. Five hundred percent. Any other public comment on this license? Any further discussion from the board? All those in favor, please say aye. Aye. Welcome to Arlington. Thank you. Next up, Citizens Open Forum. Except in unusual circumstances any matter presented for consideration of the board shall neither be acted upon nor a decision made the night of the presentation in accordance with the policy under which the open forum was established. There's a three minute time limit to present a concern or request. Mr. Harrington. Steven Harrington, Columbia Road. I noticed earlier I came in late that you were punishing people for bylaw violations of the alcohol licenses and tonight I'm here to hold accountable for bylaw violations. And it's something that's near and dear to my heart. I was here two years ago and most of you weren't on the board at that time so I'll be gentle. But I think it's atrocious that the town of Arlington is using Mount Pleasant Cemetery as a municipal parking lot. You've been doing this now for four or five years. The manager after I showed him a picture of a fire engine and a track across someone's grave site told me that this would continue until 2015. Now because of the construction on the public safety building and because of the construction on that section of the street there are 40 or 50 vehicles parked in the Mount Pleasant Cemetery every day that's against the town bylaw. This has a sign right there two years ago I came because it's personal to me because when you come into Sacha Mav across from the public safety building my parents two of my aunts two of my nieces buried in that cemetery and they had been encroaching on the graves. Today I happen to be going by and the usual 40 or 50 vehicles parked all the way down Sacha Mav and on the side there was a service and the people of that service should be appalled at the town of Arlington allowing the municipal employees and contractors to use that cemetery where our loved ones are buried to park all day long because you're not going to use Summer Street which is totally open for parking and just as close to the public safety building they could use along the bike path there's municipal parking there and if you're in permits you have a need you have a responsibility to make sure that your employees and you ask the manager to tell them in no uncertain terms that they should not be parking in the cemetery. Thank you. Thank you Mr. Arrington. Mr. Arrington is here for Citizens Open Forum. Mr. Kaplan. Thank you. I had some specific questions for you. Is it better? Should I wait till that time to ask them? I'll give you a brief opportunity to ask then. They're very focused on primarily in the financial aspect. I'd rather do it under then. I'll give you your shot at the mic then. Thank you very much. Anyone else who's here for Open Forum? Mr. Chair, can I respectfully request a five minute recess? We're going to do a quick five minute recess. It is the dot of nine o'clock. We'll be back in 905. Okay, we are back from our recess. Thank you very much everyone for your patience. Next up is item number nine. Request for stop sign at the intersection of Woodside Lane and Oak Hill Drive. Jake Upton. Yes, I'm Jake Upton. I'm with Arlington 360. We are developing the Arlington 360 project as part of the special conditions for the project. The traffic advisory committee to the ARB had been involved with reviewing the traffic studies that were done and making recommendation during the permitting phase of the project. There were special conditions put in place to do some traffic improvements to offsite locations to help with the overall traffic flows. The areas that one of the areas that was identified was at the bottom of Woodside Lane where it comes into Oak Hill Road. There was sort of a tendency for people because of the wide curbing to sort of not really stop and kind of merge into traffic and that had created some potentially dangerous situations and the traffic advisory committee had recommended in that area in their study to bring in the curb lines to restrict the entrances in the egress from those roads to slow them down and they also suggested that we consider putting a stop sign in and obviously that would be at the discretion of the Arlington Board of Selectment. So they suggested that we come for a vote to have the stop sign done. It was really on their recommendation so that the board is aware the curb the pinching into the curbs and the ADA sidewalk entering points of those curbs have already been installed. So the new curbs are in all of the work is done on this except for the striping of the crosswalk I believe and so we're just holding off on doing that until we have final clearances to whether we're adding a striping for the stop sign and the actual stop sign itself. So I have a diagram here if the board would like to take a... I think we got a small version. It's sort of small type and everything. But again it's just a normal stop sign. It's all engineered through our traffic design group and it's really at the discretion. So we've been encouraging neighbors to have opinions one way or the other to weigh in on the decision and from our perspective it's really a town decision. We're ready to go either way. Questions? Since this came from TAC and I truly respect all their recommendations. I'll move approval. I don't think that's subject to all conditions but thank you for a very in-depth presentation and I look forward to getting this going. I'll second the motion. I'm very familiar with the area. This is a heavily trafficked pedestrian area for students going to Bishop as well as to the school in particular. And it can be tough when you're coming down that hill. I think it's very appropriate. It'll be an amenity. I know there were a few off-site amenities that were part of the project and I'm glad to see this going forward. Anyone in the audience who wanted to comment on this stop sign? Any further discussion? All those in favor please say aye. Aye. Okay. And also want to just extend an invitation to the Board of Selectment to come have a tour whenever it's convenient for you. Just give me a call or contact me and we'll set it up. We'd love to do it. I know you give a tour to a previous version of this board and I couldn't make it so I'd really love to see what's going on up there. Okay. I'll send a note around or post my email address with Marie . All right. Next up. Vote Special Municipal Employees as it relates to the Arlington Historic District Commissions. Steven McCut, the chair. Is he here or are we doing this on the basis of the memo from Ms. Rice? I don't see him here. I did receive a request from the Special Municipal Employee Designation. This board has made that designation on other occasions for other volunteer boards. I've provided the same explanatory information and Mr. Bacowka has provided a letter on behalf of the commission indicating that the commissioners and the executive secretary do meet the requirements for designation as a Special Municipal Employees. I'm happy to answer any questions. But basically the root of this is that you can if we designate someone as a Special Municipal Employee we can only do that if they are not compensated or compensated a fewer than 800 hours per year. And then we do this we give them, once we make this designation for this position, people hold this position, you can then both work like they can appear before the town basically as like lawyers or contractors and do this volunteer work. And if we didn't do this they would have to choose between one or the other. Correct. Some of these boards are staffed with professionals with sort of specialized areas. This one in particular you have architects, landscape architects, other boards you have attorneys, accountants, other architects, people who represent clients. So if they're locally based, which of course you need to understand, they're somewhat hampered in their ability to carry on their livelihood before other boards. This designation does not permit them to appear before the board on which they serve, but just other ones. Unless they're appearing on behalf of themselves. Is that correct? Yes. Yeah. I think that's fine. It makes sense. Could you have a sense, we don't have to do all of the previous positions that have been designated special municipal employees. There have been more since I have been here. I know that the school committee was done many years ago, but since I've been here of the redevelopment board and the assessors, and I think this is the third one. Great. Go ahead. I'll second. I'm sorry, I think the retirement board as well. I'll second and just say on the basis that we really rely on our volunteers for quite a bit of work and to limit our volunteer force to be the coolest on our part. In my opinion. All those in favor, please say aye. Next up, on number 11, for approval, policies of town owned publicity and promotion and time allowed for banners. So we have a draft policy that is Miss Rice, I know you refined this since our last meeting. That's correct. I incorporated the changes that the board had requested at the June 20 17 meeting. Any comments? Motion. I move approval of the policy. I'll second. And I just want to say thank you very much to Miss Rice for all of the work in this. I've talked quite a bit with the manager as I've been going around to different meetings and groups. It seems to be a lot of pent up demand out there for use of banners. They are a great amenity if they're used properly. So I'm glad that we're putting some structure around this. I'll be bringing, as we have on the agenda, the next item I'll be bringing something to you to utilize this policy right off the bat. Is that the 11 B or is that something else? 11 B. That's correct. I'll second. I guess so the key to this policy is that if anyone wants to put up banners and have to find a group within the town, a committee or commission within the town who will be your endorser. Sponsor. Sponsor. So if you don't want your banners, do you have to find a sponsor within the town? And then come to us for approval. That's really two steps. So the board selection could be the sponsors, but it feels like in the county it's one more logical sponsors, but there aren't too many after that. I actually listed out for the manager, maybe, I don't know if it's appropriate, we could put that in a form for the packets. I listed out for the manager some that I'm aware of that are hanging out to have potential and pending requests that I've heard and I'm sure that there are a lot more because I'm just one of five members here. Any further discussion? All those questions? The new policy, please say aye. Aye. All right. This should be very simple. You'll recall that at our last meeting, this board approved the hanging of banners to promote the Allington Live summer arts block party, which I will say was an astounding success and you can read all about it in the advocate, our new reporter had a great story on the front page of the project. Maybe I'll talk about it in new business depending on how late we are. Those banners, which as you will recall were sponsored by ATED, were very specifically designed such that the event specific information could be removed. It's a lower portion of the banner. The Allington Live is really a broader initiative for the town to generate branding if you will of the cultural offerings of the town. So my motion is to permit the top Allington Live portion to remain in place until the next set of banners rotates into place which is likely to be town day is likely to come with a request. Would you like me to make that request specifically? Okay. Okay. So my motion is to permit the Allington Live portion of the banners to remain in place until the next set of banners is rotated in. Second? I'll second for discussion for the time being. I have one on from I agree that I like the signs up. I think they look great and what they stand for. One thing with setting this policy that I do have one question about is that I think I'd like to put a specific date on when they would come down specifically because moving forward setting a policy that just says banners can stay up for the time being until something else comes. I don't know if that's an appropriate policy step to take or there might be Christmas banners hanging out there in the middle of winter. Let me tell you some of what I've learned about banners. I've learned more about banners than I ever wanted to learn. So we very appropriately in this policy we set the town must be the ones to put them up. There's a cost associated with that and that can't always be scheduled within a shift. So there is a cost that has to be levied. The scheduling I think it's helpful to have a sense of what the queue is of requests that are coming in because it's possible for the organizations then to partner with one another and to make it easier on our DPW so that when one set is coming down the others are going up at the same time and you're not just crews aren't going through twice. You are absolutely correct though and there's a discussion with the manager about this as to whether or not it should be enshrined in our policy or should just be an operational guideline to have actually a regular rotation so that an expectation can be set. This is like the last time the chair said that you would like to see some procedures around this in addition to the policy. So one way Mike is that you can set say a date of say September 30th or whatever so no later than September 30 that we're going to make the future decision. So that's fine. So no later than September 30th or until such time at such earlier time that we might approve. I'll second that. So we have a motion to second the other discussion. No. Mr. Manager. All those in favor please say aye. Okay. Next up is update on the utility poll resolution. Mr. Leonard is here and he's requested and I know that Mr. Leonard came to the office and requested update on the utility poll resolution. So as many of you will remember, Mr. Leonard came to us with a 10 motor petition in the spring and we agreed with what he was trying to do though we didn't agree with the specific mechanism that he was trying to choose. So the utility poll working group which we recruited three people successfully for and we approved for and that group has held at least two meetings and I think they've had a couple other informal ones. They've gone out and they've surveyed a number of polls and they've given themselves kind of an interim reporting back on those polls and I indicated to them that I thought it would be healthy if they came back and reported to the board as a whole with my current so that's where that particular project is at this time. Mr. Leonard is that the update you're looking for? Yeah. Please do. Good evening John Leonard Precinct 17. As most of us are aware there was an incident of the utility polls coming down on June 2nd of this year at that particular time there was no actual real idea on what what these polls down at that particular time according to the newspaper radical town manager was informed by public works that it appeared Rot could have been involved I was just wondering where it's over a month now how that for lack of a better word investigation turned out in regards to was any new information discovered either by way of the town manager I have talked a couple of times to DPW micro automaker he's been very helpful unfortunately though it appears that he as I would call it in my language he's being stone walled by the usual it happens and I know that doesn't satisfy me and I don't think it satisfies many of the residents of Wellington with all the work that has been going on to basically say hey if a poll falls that it happens I wonder if there's any way he could elaborate there's any more information I have so I know that we didn't note the utility poll working group we did that had just happened when we were meeting and we did definitely note that Adam did you have any particular update on that well so I guess I'll say it bears mentioning there was very strong winds that day poll didn't just fall down but on site DPW staff that did see the poll as you mentioned saw rot but there was no so there's no further information but the suspicion is that the poll was rotted the reason I mentioned this is because there was some questions that quoted you Adam that basically said you weren't sure how often Verizon investigates their polls but that a way of the article which I have a copy of that questions would still be asked that the investigation would continue as to try and look at all aspects of this again like I say we just basically say it happened and that's it or is there anything that more questions being asked should we just basically say that if a poll falls and our internet falls and that's it I think that I hadn't framed that specific question about the to Verizon I know that the utility poll was talking about public safety and looking at that ball in general like it was one of the things I will make sure that I pursue that specific question with the Verizon guy I haven't asked that specific one have you had a meeting with the Verizon people since the incident in another article in the same newspaper dated 314-13 of this year it states that John Leonard gave 20 problematic polls to the Board of Select which will then be addressed one by one with Verizon's help I don't know where that idea came up that I was going to be involved but I'm curious of the 20 some odd pictures that I presented to the Board of Select back in February has any of them been bought up to Verizon and the reason I mentioned this is because I personally went out and looked at all 25 locations yesterday and nothing's been done Mr. Leonard I'm not sure if that's true in fact I'm fairly certain among I think I'm not sure exactly what the quote was but definitely you did that helpful you were thankfully provided us with pictures of the ones you thought were and those were definitely the starting point that I used with the utility poll working group and I didn't if there's an intimation there that you were going to help with that group then I didn't need to make that and double check but that was definitely the first set of polls that the utility group worked at and there were definitely a number of them that they looked at and they thought were fine but I don't have that unfortunately I probably should but I don't have that with their first review with me when I mentioned these causes like some of them done at Edgerton Road is blatantly obvious because that double poll tilted has been there whatever number of factors in other words like it's not just because the poll was straight and I brought out in the pictures a number of factors cables hanging cables cut off not protected old equipment left up so if the individuals meaning no offense to them at all basically just looking going out looking at the structure of the poll that's not what that picture is supposed to be giving the message I've been given there are still seats available in the working group and if you want to help out your help will be most appreciated as I mentioned before I mean no disrespect to anybody in this room but I can't work with it we've lost 14 years and again meaning no disrespect you did vote against my original motion I mentioned that I'm better off working independently on this because I'm getting much more accomplished than another comedian possibly losing another 14 years some of the other highlights that have come up that I have found about my own investigation is that I have talked to members both active and retired from Verizon at least one of whom is on our working group and some of them have laughed when I mentioned could you please tell me how many poll inspectors Verizon has and how often the polls are inspected just using Verizon as an example and the comments that I have gotten is John give it a break Verizon hasn't had poll inspectors for 10 or 15 years if we haven't had 10 or 15 years of poll inspectors and the majority of the polls in the town of Verizon then I mean I'm not saying we're sitting on a time bomb but what are we waiting for in regards to like we're just waiting for an accident to happen other examples I've come across is I talked to a member of N-Star just the other day and they basically said that in an area such as Verizon has in Arlington they wouldn't necessarily inspect the polls belonging to N-Star they have what they call to me is a walking group where in an area where there is a lot of N-Star polls they would designate a certain time and their walking group would go out and check their polls but in an area such as Arlington where Arlington basically has a lot of Verizon polls they would not have a walking group I contacted and I believe it was ICN ICN basically stated we don't have poll inspectors we don't test the polls all we basically do is we just go up a poll and maybe test a foreign voltage but as far as the structure of the poll Mr. Lunded we don't have anybody the general impression I seem to be getting is that if it's another utilities poll why bother? because if it hits the fan it's going to be their problem other things they have discovered up in five corners they replaced a couple of polls up there over a certain period of months I guess when they went to check the polls to see who the ownership is of the polls they put 9x stickers on the polls a small thing but 9x stickers 9x hasn't been around since 1997 God forbid by the time all of us are going people are going to assume that 9x owns those polls but yet in the same right where this accident happened on Mass Avenue last month they put Verizon stickers on the polls there's no rhyme there's no reason there's no set of rules here other locations other conversations I've had every poll in a town of Allington every utility poll has to be grounded whether it's done by Verizon and Insta or ICN every poll has to be grounded shortly before tonight this afternoon I checked out the three polls that were replaced on Mass Avenue none of the three are grounded these three polls just went in there's no grounds on them but there's a nice Verizon tag on them I'm wondering again what board is the board of selection possibly need or the town of Allington need to say how long is this going to go on? Mr. Leonard we've heard what you had to say we've adopted a policy that we think that in the long run it's going to change it's going to help change the behavior of the companies that have polls in Arlington unless this board sees fit to make a change in the short term we're going to let that policy run and see if it works and I don't see you're not telling anything that's going to make me change my mind and change the way that I'm tackling this why am I having a problem understanding then that as I proposed with the resolution that the Massachusetts general will always give the town the authority that the board of selection doesn't want to use that authority because as we told you at the Selections hearing because as we talked about at the town meeting we don't think we do not read the law the way that you read the law that law does not give us the authority that you think it does but yet town meeting over a well only sent you a message that it does no town meetings are a message that they think that there's a problem that needs to be resolved but with all due respect for town meeting and I'm a member of town meeting and I have high respect for that institution it is not a lawyer either Mr. Chair I think I've raised this I think it was properly stated at town meeting I went through the the transcript that was provided to us in our packet it was properly stated that the problem is that local boards, local municipalities do not have tools given to them in the law to specifically enforce and penalize the utilities I mean if you just sat here you just saw we do have specific authority for local liquor licensing I think you just saw exercising that because the law gives us specific ways in which we can penalize those establishments we're not we don't license the polls we don't have that authority now several years in a row the general court has had pending legislation to try to give authority and there is probably maybe one action that we can take tonight I looked it up today to see the current status house number 2952 it's currently I think it's still with the joint committee on telecommunications utilities and energy I'll read it because it's very short it just says section 34b of chapter 164 of the general laws is appearing in the 2010 official edition is hereby amended by inserting after the word poll in line 5 the following provided further that a city or town may enforce this section by the enactment of a local ordinance or bylaw prohibiting double polls beyond 90 days authorized by this section violation of which may be punishable by a fine not to exceed a maximum of $1,000 per occurrence now this was favorably reported out of committee last year they didn't make it all the way through the legislature it's making its way through again this year Mass Municipal Association has it as one of their top legislative priorities and they update us on it if the MMA felt that communities had the authority already to regulate this I don't think they'd be making it one of their top priorities they realize that we need this ability I'd like to move that this board write a letter to the committee the joint committee on telecommunications utilities and energy expressing our support for this bill giving local communities the authority to I will second that I actually attended that hearing at the state house and there were several other bills that also dealt with different fines for double polls yeah I know there are similar ones and this seems to be the one that the MMA is hopefully it does move forward and it's something I'll hope to pay attention to as well but I think writing a letter is a good step so just to clear things up for the record no matter what I presented to you and those mass juices general laws you're saying that you can't use them at all I'm saying that though I do not agree with your interpretation of those laws okay I just wanted that for the record finally there is a couple of organizations which you might be aware of but I thought I'd bring it to your attention the ANSI which is the American National Standard Institute is the institute which measures the strength of telephone poles or utility poles NESTIC N-E-S-C National Electric Safety Code is for the design for poles for ice, wind, etc the reason I bring this up is because on any of the poles that I've examined in the town there is nothing on the pole that would they probably not require facilities to do this that would label for the common man to basically see this is the type of pole this is and what I'm getting at is that let us say if I put up an average pole in the town of Allenton and then do it or whatever kept adding kept putting stuff on it there's nobody that could prove that that pole cannot handle that because the type of pole class of pole as they call it is not marked on the pole and the records are not available for any town so I guess what I'm getting at is it's interesting to go around Allenton or even other towns and just look up at a pole and wonder my god look at all that stuff up there and there's nothing on the pole that basically says that's okay I can handle it so and there's nothing different basically the owner of the pole to stop saying to as I said before tenants come on sure pay me so much I'll let you use that as an access to get to your location there's nothing at all even on the poles the new poles that went up that basically says this is to let you know 20 30 years down the road I can't take much more there's just too much weight Mr. Chair so I think again this is a state issue interestingly this shows you how boring I am for some of my summer reading I pulled a book out of Robbins called The Age of Edison which was trace the history of the electric light electric lighting an awful lot of the book an awful lot of it talked about this problem of wires being strung everywhere on poles issues with poles in the early days telegraph operators were getting zapped because they were stringing electrical lines with telegraph lines and telephone lines and everything else so it's not a new problem unfortunately this goes back 120 years but we have to rely on the state the state's put in some regulatory frameworks around this but they didn't see fit in their wisdom to give us a lot of tools that's why I think that this one step here of trying to put a line in the sand and getting the ability to actually levy some fines actually gives us some concrete force not going to care otherwise it's only when you hit the pocketbook against Mr. Currow that they say these requirements for lack of a better word are in effect now what's the punishment penalty that's in there are we allowed to fine we aren't what I'm getting at is there's nothing maybe that says okay it says standards that they should live by okay and maybe there's nothing that says you know the amount of the fine but I guess what I'm getting at is there's no watchdog effect on this that's right so how does a town of 300 in some of our towns determine is that a safe poll that's going up even tomorrow in some locations we're in agreement this is what I've been trying to get across from the very beginning that somehow if you're going to come into our town you're going to do business our way that's why I'm proposing that we vote to express our we're joining other communities other communities have expressed their support for this to allow communities to live e-fines and adopt local lastly then I'll leave you alone I noticed that last Thursday when I was making my rounds there was an organization called Waveguide a waveguide String and Cable up Mass Avenue and as far as I can determine it seems like they've gone all the way to Lowell street some came to the line at least to Lowell street They might just be an organization that it's a contract that it's been hired Could could I maybe members of the town being lightened is there they would have had to come through your office Is it fiber optic or That was an internet it is data like I'm meeting his dad Yeah, I don't remember up top my head, but I remember the gentleman came he saw he was in fact He's here twice over the course a month or six weeks. He had to work plans for us Okay, because I have noticed in two locations one is pole 111 On Mass Avenue, which is right in front of marble tile and I think another one is pole 98 That basically if you let me finish As they say every pole is supposed to be grounded the grounds are gone Mr. Leonard, I appreciate your attention to these details, but there are more efficient ways to report them I'm nonetheless. I'm sure we'll having heard your suggestion I'm ready to look into them. Well, I mean we'll follow up and make sure to look into those But I invite you to keep giving us that information, but I'm not sure we have to get a Yeah, I'm not sure that now is this I hope it's not the right moment when somebody touches the pole and there's no ground on it Thank you. Thank you, Mr. Leonard Is ready for the discussion on it We'll the motion is right a letter support to the joint the joint committee on telecommunications Which in general when we write these letters are smart enough to CC our delegation Other than saying that hopefully I wish mr. Leonard would coordinate his efforts a little more with the working group as opposed to just coming Before us and dealing with that. I think that's the right funnel of communications. Yeah, I agree with them I continue to agree with them on the root issue But I don't necessarily agree with I think that the policy in the process the policy that we've adopted is the right The best tools that we have to tackle the problem is great All right, that's their motion of all those in favor, please say hi This rice Thank You mr. Dunn I should say we're not talking about the boat the taking the instrument on the massive corridor That's correct mr. Dunn and that instrument has been provided to the members of the board two originals You're being asked to generate And in those two orders of taking which will be recorded at the registry of deeds They contain all of the temporary and permanent easements necessary for Conducting the renovation and improvement work on the sidewalks In connection with the massive corridor project as you know the town meeting voted in 2011 to authorize The exercise of this authority. We've been working closely with mass DOT to have the taking's appraised and to Calibrate the timing so that it wasn't done too early Because the temporary easements which are three years do begin to run as soon as those instruments are recorded so Because now my understanding is that the advertising Date is expected to be in the fall This was the appropriate time to have the board execute those instruments get them recorded at the registry of deeds send out The communications to the property owners We have already sent out two rounds of communications the most recent July 1st honor about July 1st at the best of Mass DOT suggested we send out what was called an offer letter where we set forth what we expect the the appraisals to date to show And Explaining about the project we included an FAQ page We provided contact information for the planning department for anyone who had questions Understand some people have called up and had some questions or needed more information. There would be another more formal round of notices of taking that will go out after the Instruments are recorded and people can take those along with the W9 form which we did provide in this most recent mailing and will provide access to in the website to come in and Seek the damages associated with those takings and those are damages that have been appraised By a qualified appraiser that we selected and retained Yes, I'm sorry, I didn't I didn't write one out, but I would just ask that you vote to execute the instrument of taking in The form that's been provided to you or substantially the same form in case Some changes have to happen. I don't expect that there will be any We were making last-minute changes up until about three o'clock today, but I think it is complete But so I would just say if the board would vote to execute the instrument of taking or Something in substantially similar form for recording at the registry of deeds Thank you Chairman Dunn, there's some questions in the interest of the public. Oh, how many total Parcels or deeds are affected by this the number of parcels is around and I'm sorry. I don't have I Don't have the spreadsheet with me But the number parcels is around 130 the number of total easements is around 225 Okay Have all the or 230 Yeah, have all the appraisals been completed Except for yes, all of the appraisals have been completed. There are a Handful that will need to be redone Okay When these appraisals were done where the property owners offered To walk the prop by the appraiser They were Okay, do you have signatures to that effect or people declining? We didn't require people to sign the appraiser handle that and has certified in connection with each of his appraisals That that opportunity was okay. I've heard at least one report where the owners just weren't contacted or offered that And so what's the total value for all the appraisals? It's approximately $82,000 Okay And then the costs associated with the takings and The registry of deeds fees and everything together. What's that total? The registry of deeds fees are $75 per Recorded instrument, so that's a hundred and fifty plus $75 per page for the plans which are 14 pages 14 times 75 Okay All right, how much is all this gonna cost? 158 plus 14 times 75 plus 82,000 assuming everyone Demands, you know, some people have already made donations of the damages amount Some others may choose to they certainly don't need to Okay, how many donations do you have so far I don't know Okay, and these are revocable so people can change their mind Okay All right, and so the these funds are coming out of chapter 90 state funds that would otherwise be used for road repair and sidewalk repair Is that right? They're coming out of chapter 90 funds. I can't address the rest of your statement Well chapter 90 funds are usually used to fund road repairs and maintenance, right? I don't know that these funds are coming at the expense of other funds I Is there any supplemental funds coming from the state then just for these takings? Okay, all right, and how much would it cost to just fix the bad sidewalk? Say 40 or 50 feet or so that I've never seen an estimate that 40 or 50 feet. I think Mike I've thought about this All right, so Thank you. I guess the total sum then is what a you said 85,000 Okay That includes ours illegal work and everything or are you doing having to do all that? Wow, okay, thank you very much All right, all those favor, please say I Thank you Correspondent received Jane would like to thank the board for The receiver are one of the board of psychics water to her Which I'm sure we thank her for thank you, but she was the one who did all the hard work in this case Some of You welcome Spencer welcome to Arlington We look with breathless anticipation To Anna and nothing new mr. Chair, thank you I have a few things first I want to thank the board for their participation in our goal setting session in June I know when we come back together in September will be once again furthering and finalizing those Goals, so thank you for spending a Saturday morning with me in June In the board's packet there was a letter of grant award from the DEP from commissioner Ken Kimmel in regards to a mystic river Watershed grant we received that was received in partnership with the mystic River Watershed Association the town of Arlington and the town of Belmont The grant amount was thirty nine thousand five hundred and eighty dollars And that's going to allow the towns along with the mystic River Watershed Association to conduct research and analysis and review Characteristic run-off criteria surface and soil conditions that should hopefully result in identifying sites that could be used for future low-impact Development projects that can provide additional water quality improvements So I know our own town engineer Wayne Schwinnard put a lot of effort into getting this grant put together And we'll also be putting effort into seeing the grant expended so I thank him for that I also wanted to let the board know in their packet Was a report based on the public website survey We had released as the board knows we're currently redeveloping and redesigning the town's website and as part of that We asked citizens or really anybody who utilizes the website for feedback So we had a nine-question survey just over 1,300 people took the survey and our public information officer Joan Roman Condensed all of those results into a report which was provided to the board and will also make available On the town's website for anybody who took the survey to see the results some interesting results came back Most people seem to look at the site for what you would expect town service information contact information Emergency information election information and so on and so forth And the number one thing people would like to see added to the site or enhance that we currently don't have is online payment or permit transactions So though that's not part of the website design. It's also something that's currently underway. So I think that was Some interesting information we received back from the public in that regard Want to let the board know and the public know that through the good work of our legislative delegation We did receive an earmark of three hundred seven thousand four hundred fifty dollars in reimbursement for last year's microburst Believe the microburst was a year ago last Thursday or Friday So it's just about a year since the microburst that we learned of that funding so that again, that's Seems like a long time coming but really due to the good work of our delegation staying on top of that and having it included in a supplemental budget So I'm very happy about that And finally the board was provided with a memo on their desks tonight We have five new police officers who graduated from the police academy on Friday We're sworn in officially today in the selectman's hearing room and I had the opportunity to go To the graduation on Friday, and I know selectman burn was there He might want to talk about it a little bit as well It was a real class act and I was proud to have five of Arlington's newest office was graduating from a class of 46 And that's all I have Thank you, I just I think I just wanted to thank an awful lot of our town departments and employees for their support and help with the Arlington live the summer arts block party You know in particular the the DPW the police and fire did a lot The fire department was great helping us to stage a lot of the The supplies materials and you tap into the electricity and they rolled out an engine which was for the the Children who attended which was really a huge huge hit Really made a big difference, and I want to particularly thank You know mr. Chapter Lane and mr. Kruppelker and our office staff who gave us a lot of help and this race also advised us on various aspects of this And again like I say a number of other departments and the building inspector and health department such it really was a great Event it was interesting to see Broadway Plaza used the way I think it was envisioned to be used with people congregating and using it and I Since then talked to a lot of the merchants in the area, and they said it was just a huge Shot in the arm for them the summers are slow and They had just steady traffic coming through throughout the day There are a lot of families with young kids a lot of families with young kids came came through on that day But some of the businesses told me that they were even Seeing an uptick later in the week people who had kind of Gone quickly into their shops maybe and then wanted to come back and explore more and I think you know this was an initiative that was Really kind of jointly spearheaded by a Ted in the Arlington Center for the arts with also some serious involvement from the region theater as well and I Think as kind of an experiment in a pilot project to see what we could do with the creative economy to try to marry some of those aspects it really was a Great day and a great experiment and We learned a lot from it and I want to thank this this board for the support for some of the various measures that we had to take as well to You know close the street and and such it was It's great Yeah, I'll be quick. I just want to follow up with Adam's comment both the Police officer graduation that we attended on Friday Just like to recognize John Costa Tom's Kelly just Scarbo Bobby Smith and Alec Stotik who are our new firefighters our new police officers they own um and What what a ceremony that they had an old venue hall? This particular class they were going through when the marathon bombings took place So that I think they had a little different experience then You know some of the classes before of them One they all did the run to remember which was a half marathon That was completed by the entire class and they ran ran in form Which was pretty cool to hear and they also all graduated with a GPA over 90% So that also makes you feel a little safer and a couple other tidbits we did see Officer Dikdonahue from the transit police gave it gave a pretty spectacular speech at the ceremony and One thing I was I guess I should be surprised to hear but I'm just a other tidbit of information was officer Sean Collier was had the highest GPA out of anyone who's ever gone through the transit police academy And they have a new award named after him starting this year But other than that it was excellent, and we're lucky to have Thank you First up I want to just thank the town manager and our delegation again for the work on my first funding it's a big deal Really appreciative of the work that got that Received a letter an email this week from a gentleman who parked his trailer for two nights in the town parking lot who spent Approximately 3,000 words seeing the praises of Marie Kupoka and so Marie Converting school principals across the country one by one into fans where I like to mess chooses You gave an excellent service, and he was really glad to receive it and My last item is about the CBA when we took the vote last month I had originally planned on scheduling appointments tonight, and I confessed that I got nervous when we didn't have a lot Appointees we're getting or excuse me applications as we're getting close to the deadline, and so I asked the office to extend the deadline and Readvertise which they did we then proceeded to get enough applications that I think were a great shape We have had our first application that came in so the clock so to speak has started ticking The there needs to be a hearing I have to don't don't I have to double check my math to really be sure But it's approximately September 19th with the hearing has to happen by so I have every expectation That we'll be able to make appointments at our next meeting which leaves sufficient time for them to schedule and act on a hearing Before that so I just wanted to keep the board update on that since I you know change their schedule That was my last Oh It's a high