 Good evening everyone and welcome to the Board of Selected Meeting for June 3rd, 2013. Call the meeting to order. First thing I want to say is that towards the end of this meeting, I'm going to make a motion that we go into executive session that's not on the agenda. We received a letter from the Attorney General earlier today that we think deserves a timely response and requires a timely response. We could not have reasonably anticipated it arriving, so that's why it's not on the agenda. It is. Sorry? We always put it out. Well, the specific reason for this executive session is not on the agenda. But anyway, so that will be at the end of the meeting. Also before we start, it's been an exciting week in Arlington, not necessarily in a good way. Town Manager, will you tell us about tree poles and fuel oil? Yes, absolutely. So I wanted to call to the Board's attention two memos that I placed on the Board's desk. First memo is from Chief Jefferson, outlining the three events in the past week that you're referring to. First, a fire on Webster Street last Wednesday, the tanker truck rollover at the Rotary at Route 60 on Friday evening, and then the toppling of several telephone poles and mass avs near the intersection of Grove Street on Sunday afternoon. Arlington Fire, Police, and DPW reported to all of those scenes to help out while DPW didn't go to the fire scene. So a lot of great work by our staff for three very difficult situations, all that happened at odd times for people to be reporting, especially DPW. I want to give some detail in regards to the fuel spill that was a result of the tanker rollover. So that was a 10,000 gallon tanker truck that rolled over. Almost all of the 10,000 gallons exited the truck based on the holes that were punctured in the truck. But Chief Jefferson got an update from DEP as of 3.45 this afternoon. So I want to let the board know, and anybody watching know that over 90% of the spill has been recovered as of this afternoon. About 7,200 gallons were recovered in liquid form through vacuuming the river. Approximately 1,000 gallons were recovered in absorbent pads and booms that were placed in the river. Approximately another 1,000 gallons were estimated to have been removed in the road surface. So they don't believe any oil made it past the booms that were set up at the river street bridge. And they're going to continue to work the cleanup and we're going to continue to monitor and work with DEP to see what further cleanup efforts are being undertaken. So I wanted to let the board and the public know of that progress. Thank you. Any questions? No, just I've been by there a couple of times. It's very impressive what clean harbors has there in terms of equipment. Three large, I assume there's some sort of generators or something, but then a couple of tanker trucks that were pumped in there. Thank you. Yeah, as always, our compliments to the people who work for the town. Like you say, you have an off-duty police officer who's assisting with a fire and a fairly dramatic rescue. And then you have the truck overturning and helping up and cleaning up the gas. And then you have in the middle of what would otherwise be just a hot, sunny day, telephone poles falling over and closing mass have. I know I speak for all of us, everyone when we say thank you to everybody for the work that they do for us. And I do have comments, but I'm going to save it to when we get to the utility whole working group agenda item, because I think it's best to mesh. Sounds good to me. All right, thank you. All right, that takes us to item one on the agenda, which is our consent agenda. We have the minutes for the meetings of May 13th and May 20th of this year. And we have for approval the Department of Housing and Community Development submission. The Arlington 360, also known as the SIM site. Laura, do you want to talk to that for her? Yes, good evening. I'm here to talk to you about the affordable housing at SIMs, particularly because the town and the developer are getting ready to submit materials related to the affordable housing to the State Department of Housing and Community Development, which is the keeper of the list of affordable housing in the state, which counts towards your 40B inventory. So, as a result of the town's inclusionary zoning, 15% of the units at Sims will be affordable to households at or below 80% of median income. That's 26 units. Also, because we negotiated a sale with the property, the town bought the property and then negotiated a sale. We have an additional 5% of the units for middle income families, which we define as 80 to 120% of median. Those units will not go on to the affordable housing inventory and therefore DHCD doesn't care at all about those units. So, this application is just about the low and moderate income. We need to submit all of our paperwork. They're very concerned about the affirmative marketing of the units, the 10 selection plan, and the affordable housing restriction. The units will be affordable in perpetuity. So, they will forever be affordable, whether they convert to condo or stay as rental. So, the schedule is that we'll be marketing the units in the summer. The lottery for the tenant selection will take place in the fall. Occupancy will begin in the fall. Probably we'll roll out through the winter, maybe even into the spring. And so, well, we'll be choosing the tenants. I'm going to guess around September, give or take a month. So, I'm here to answer any questions you might have about the affordable housing. We'll be publicizing it in the advocate. It'll be all over the 10 website. I have a list of people who've contacted me in the past asking about it and I'll be sending them notice and then many local organizations, churches, schools, will be notified. And we'll particularly want to tell 10 employees, teachers, police, fire about the opportunity. Dan? Just a couple of questions. First, thanks for getting us this information. I know I get this and my colleagues question just about weekly. Really? Especially from town employees. So, my first question to you is, this is draft right now. I should not distribute it. I can give the information out by the phone. But the official applications and the like. Wait till you send the board the final document. Are you talking about the rents and the income limits are real? Okay, so what is missing from this, this is a sample ad. Okay. Is the dates. We don't know when we're going to start marketing. We need DHCD to approve everything before we can start marketing. So, if someone asks for a copy of this now, can I give it to them or should I wait? That's what I'm asking. I guess you should wait. Okay, so you'll let us know. Right. I can tell people verbally, but. Yes, and also you can have them call me at my office. And I'm already telling people about the rents and the income. And then the second question I had, and I'm sorry, I wasn't quite paying attention as much as I should have because I might have misheard you. I know we've had conversation with previous board about some people think we're at the 1.5% for you that we need to be at. There was discussion that John Belskis and Ms. Wiener, the other Adam GIS. And I remember the discussion being almost there, we're close, but there was pretty much agreement when Sims came online that that would get us to that number. Did I just hear you that you said we're not submitting the 26 units to be counted that way? No, no, no, the 26 units will be counted. Sims is already counted. And we are really very, very close, but we are still shy of the 1.5%. I'm just hearing this with the past five years. The ones that won't be counted, we're the ones that are middle income. Right, right. Yeah, I'll add all the calculations that we talked about maybe six months or even longer ago back included Sims and Brigham's as part of that affordable unit calculation. So I think it's 0.02% short at this point. It's just an acre or so. Very small, it is a very limited. I know, notice just my frustration for five years I've been here and it's very small, we're almost there, it's very small. Another great project comes online, it's still very small. So what's the figure right now, point? I think it's 1.48, we're right, is that? Yeah. Did that calculation include capital square? Yes, it did. And just so where the board is clear, or at least the way I understand this and we should clarify, so by putting this on the consent agenda, there's something in the packet, there's something there to be signed by the chair. And Marie has it waiting for me, and then we're going to send it to the state. So the consent agenda is that we're endorsing my signature on this document to send it to the state. I just have a question, do we properly vote this under the consent agenda or is this a separate? It's a separate item, we should take two separate, I think. Do you want to do it separately? Yeah, just because it's listed that way and that. Actually, that is one of them. Yeah, well I guess it wasn't paying attention to his agenda closely enough. I apologize everyone. Bad chair. Yeah, exactly. So just so everyone else can follow along. I just inadvertently merged items one and two together and really we should be voting them separately. Because for some reason I thought that this was under the consent agenda, so I apologize. So we haven't taken a vote on the consent agenda and we haven't taken a vote on the item number two, which is what Laura's talking to us about. I apologize to everyone for the confusion. Sorry, I was trying to say that delicately. Yeah, it's not the last mistake on me for sure then. Any other, let's continue the conversation. Any other questions for Laura or questions about that? So does anyone want to make a motion on either one or two? I move approval of the consent agenda. Second. All right, any discussion on the consent agenda? All those in favor, please say aye. Aye. 5-0. Do I have a motion on number two talking about the Department of Housing and Community Development Submission? So moved receipt. Actually, it's more than receipt in this case, I think. To authorize the chairman to sign. So moved. Second. All right, moved and seconded. Any further discussion? All those in favor, please say aye. Aye. 5-0. Thank you, Laura. Thank you. Excellent. Sorry, everyone for being a little more confusing than needed to be. Thank you. Next up is item number three, if I can count to three today. And it is appointment to the Human Rights Commission, Mel Goldspee. Gold site. I'm sorry, come on up to the mic. I apologize, say it again for me. Gold site. Thank you very much. Welcome. Tell us a little bit about yourself. OK. I have lived in Arlington since July of 1999. I moved here so my husband could go to MIT. He now works at MathWorks. Could as well go there, you know. Oh, awesome. You're wearing your brass rat. I worked at MIT Press for 12 years. And then I resigned my position to help with caregiving for my grandmother. And now I work about half time for the Massachusetts Transgender Political Coalition. And I thought that would align pretty well with the Human Rights Commission and that I would have something to offer for that. Questions from the board? So moved and. Dan? Move approval. Thank you for volunteering and bringing your expertise. You certainly will complement our current Human Rights Commission. I want to know, do you or your husband know the actual MIT school song? I only do. I only say that because Chairman is a graduate of MIT. Are you going to sing it? Are you going to sing it now? How about the cheer? OK. E to the U, D, UDX, E to the X, DX, Coastal and Seeking Intangible and 3.14159, Integral, Radical, and UDV, Slipstick, Slide Rule, MIT. Nice. I had to get that taken. Good job, Mr. Chairman. I hope that was recorded. Don't spoil you. But thank you. I really do appreciate everything else you're doing. Your caregiver, your family, and you're now giving to your Arlington family. So thank you so much for doing this. I appreciate the opportunity. Kevin? Mr. Chairman, I went to Emerson College that specialized in the communication arts. Yes? Could you translate what you just said, please? Yes. And I tried grad level statistics, but still, any of them. I just want to thank you very much for your willingness to serve, as I've often said, volunteers of the lifeblood of this community. We're glad to have you. Thank you. Great. Thank you. Joe? As a former Human Rights Commissioner myself, and a former chair, I just want to also thank you. I assure you that you will not have to do that. But communication is incredibly important in the role on the Human Rights Commission. And I'm really glad to see the experience that you're bringing forward from your professional life. So thank you. All right. Seeing any further discussion, all those in favor, please say aye. Aye. Aye. 5-0. Thank you very much. Great. Welcome. All right. Next up, item number four, utility poll working group. We have applications nomination from Julie Venio, Robert Fridu, and Richard Oren. Any of those three here tonight? You want to come on up to the microphone, all three? Or two or three? Yes. Watch out for the TV. Don't hit your head on the TV as you come on up. That's the test, first test. Thank you all for volunteering. If I could ask you each just to come up to the mic and just tell us briefly why the committee introduced you. And then I'm sure we'll have a few questions to ask you about. Ladies first. Hi, I'm Julie Venio. And I've only lived in Allington for about 15 years. But since retiring from WGBH a couple of years ago, I've become more involved in community activities. I'm a volunteer on Budsman at the Park Avenue Nursing Home. And I've really been interested in the utility poll working group in an odd sort of way. And that I think infrastructure is invisible when it works well. And when it doesn't, as we saw over the past weekend, it becomes a major problem for all of us. And so I would like to help with this working committee to make sure that it continues to be invisible to the residents of Arlington. Thank you. I'm Bob Perdue. I moved here in 1980. I became interested in the polls when I moved a house through Arlington and had to move a lot of wires and had to learn what all the levels were and stuff. So I'm very interested in it. And I've been watching them ever since. And I like the Arlington Advocate thing for a while where they were showing various polls. So I've paid a lot of attention to that. Monica, you hear that part? Yeah. All right. Who's this guy? Dick Horan. I grew up in Arlington. I moved to Wolban. And I moved back to Arlington about 22 years ago. I volunteered for the beef blower committee. You have to make that noise before you say it. And at that celebration, he volunteered for this committee. Exactly. I had a little fun there, anyway. And I'm vaguely familiar with telephone. I spent 40 years there and all of it in what we call the Arlington Cambridge Construction District. So I thought I might have some knowledge of what is happening with them. So that's what I volunteered. Diane, you indicated it. Oh, sorry, Kevin. Well, just again, you three, thank you very much for your willingness to serve. I know a couple of us have worked together before. And I look forward to work with you as well. So thank you very much for your willingness. Sorry, I moved approval. Second, and I want to say Bob Purdue and Rosemary Schultz have been longtime friends of mine also. When they moved to Arlington, brand new, they got involved right away and have been ever since, including with Jason Russell and a few other projects. And when I saw all the WGBH experience, even though we're talking utility polls and all the other work that you've done, I'm like, that's a lot of coordination. That's somebody who can multitask five, six things. Dick met you on the leaf lower committee meeting. And anyone who survived those, I think we need t-shirts or something after that. But really got to know you very well. And you bring a lot to the leaf lower discussion and certainly well to the utility polls with your 40 years experience. And I like how he puts down. I worked there for 40 years, the names changed, but I didn't, so I'm very familiar with that. Since you're all here as a captured audience, we have another piece of correspondence from Chief Jefferson. And I wanted to leave this with you all, two points. I met with a utility company executive about a week, week and a half ago, talking about this very issue. And how can we start chipping away at it? So unlike you all possibly to do, not to define your discussion, but there was the suggestion that pick a poll and pick a number. Coming in for one poll and Star Verizon, come up with a sheet of all the polls and the order of priority and say, we're gonna do this, but we want you here and now tonight to commit to putting up one poll, these three polls. I'll let you all figure that out. I was told we should use that, we shouldn't really be denying service because people want that when they move into the town, but kind of told me some of the cities and towns have been doing that. It ticks away at it, it's a little part of the answer and then maybe the floodgate will open along with whatever else you all come up with. So I'm not saying that should be the answer, but I wanted to leave that as one. And then the second, I spoke to the town manager today and had spoken to a few people who were down the scene who weren't speaking officially, but, and I was on the perimeter, I did not go on the actual scene because they're busy there. But afterwards, you know, the following night, next morning, I don't know if this is the case and the town manager has provided some of the information, but if you all could also look into and the town manager will continue to, I was told that one of the possible reasons, because we've had a microburst go through and all these other things, and I guess it was windy. I was meeting with Mr. Belskis, so I didn't even know anything was going on outside. I guess it was very windy. And I don't know if the town manager can speak to this, but I don't think so. He provided us the information. Who owned the polls? And what I was told was that a lot of the polls on Mass Ave, I'm not saying this is the case, just people tell you things. When they built the foundation to put the poll in and the polls are getting older, there's some line in that foundation and line eats away at the polls, I'm told. So people were saying to me, so whatever way, whether it's through this utility poll committee and through the town manager, he did identify the chief was able to say who the actual owners of the polls were. And I don't know how we figure that out if that really is the case. You know how you're talking to guys in the street, and they say, I know it's gonna happen again. And just on the case, so I just wanted to leave that on your plate, and I spoke to the town manager about it this morning. So I'm not saying that's the case, but I'd like to eliminate that. Joe. Thank you very much. Thank you for volunteering for your service. We're really looking to you to help us do our job better. Just to step back, you know, you may be familiar with this, some folks watching may not be as familiar kind of the genesis of the working group. And as I think we kind of conceived of it, there was a concerned citizen who brought forward a warrant article for town meeting this year because of problems that he had been seeing around town with utility poles that were not kept in his view in safe water. Double poles, but also others that were in unsafe conditions. It had brought forward a town meeting warrant article, trying to get town meeting to step forward to try to enforce better maintenance of these if we could. Unfortunately, local municipalities don't have a lot of tools in their tool chest. There's actually a hearing up at the state house on June 18th on a double pole bill to try to give local communities more tools, but we don't have a lot of formal tools right now. So one of the things that this board had discussed was if we had a working group of citizens who could help us put together an inventory of problem poles and problem locations, we could then ask the utilities on an annual or semi-annual basis to come forward and actually respond to the list that you put together and the catalog of problems that you've noted. My understanding is that when there's an imminent problem, like a very apparent safety threat, that the utilities have generally been cooperative, although we saw our failure, obviously, this last weekend in the windstorms, and we know that there's some others that are out there that other residents have reported, but we're looking for your help in helping us put together that inventory so that we do have a tool that we can give to the utilities on an annual or semi-annual basis here in public before the mic to respond to these and hopefully get some results in that way. It's a form of leverage, lacking the form of legal tools. It's a form of leverage and that's why it's so important what we're looking for your assistance in doing and really appreciate all the professional background that you bring to this in the background you've had in dealing with the utilities and moving these and communications as Ms. Mullins. Steve? I am, again, I appreciate your willingness to serve and I like the makeup of the group. You all bring different expertise to it and I look forward to working with you. I guess the question I have is, I'd like to pose to my board members. Now, when we talked about appointments and reappointments last week, we decided that we would kind of address, I'm not sure if you followed the zoning board, discussion about how we would kind of change up the process before. We had open up, even when someone wanted to be reappointed we chose to open up that discussion and how are we gonna move forward when these positions are up, are we gonna just reappoint or are we gonna open and vet other candidates? I think it's only fair that we kind of speak to that while we have our new volunteers here. So my answer would be is, to my knowledge, that process is set mostly by the chair and I obviously won't be chair when their reappointments roll around. My expectation is that, and my answer as chair is that by default, reappointments go out to the consent agenda. If a member of the board or myself thinks that we shouldn't, like doesn't want to put it on the consent agenda, I mean it does not consent and wants to propose a different process for a specific reappointment, I think we should evaluate it like at that time. So, yeah. That was just curious. Thank you. And thank you again for your volunteering. So my thing, I think what we'll do for next steps is so we've got two things to think about. One is with the selection, we wrote a process and when we created this, or we wrote a goal and we created this committee, town meeting weighed in with some opinions on what they think the committee should do. And Maria, I'm gonna impose upon you to schedule and post a meeting of the utility working group that we could schedule and unless someone else is excited to do it, I will be delighted to join them and walk us through like that kickoff and then we'll have our first meeting and work out some next steps on how to meet the goals of what the group is. And so certainly in the next week or two, if calendars permit, I'd love to have our first meeting. All right. Thank you. Any further discussion? All those in favor, please say aye. Aye. All right. Thank you. Thank you. Thank you very much. Next up, appointments, zoning board of appeals. And I put some notes so I wouldn't forget everything. So I just wanna talk briefly about how I wanna manage this item. First, I'm gonna go, I'm gonna explain my recommendation. Let's bring up any candidates for questions from the boards. Then let's have a round of board discussion. If there's anyone in the public who is here at the meeting who wants to talk, I'm gonna ask, I intend to let anyone who wants to talk but I'm gonna ask that everyone keep it civil, keep it non-repetitive and try to keep it short. I am gonna work with a kind of unofficial timer and move people along if it goes along. Then we'll have a round of any final board discussions that people want to talk about in closing and then we will, and then we'll take a vote. Is that process some reason? When do you want motions? Mr. Greeley, you seem very excited. No, no, no, no, I'm seriously asked how why do you wanna run it, sir? You wanna wait till all the discussion? I'd say let's bring the candidates, either before or after the candidates. I've got a recommendation, so I've provided the board with a written recommendation. I guess I think my answer is let's do in the first round of discussion right after we talk to the candidates. Okay, is that okay? Yep. So first off, I'm gonna explain my recommendation. I recommended Paul Malloy and Roger Dupont to the ZVA. I interviewed five people last week. I was very happy with the quality of the candidates. I talked to a number of excellent people who could serve us well in that but I thought that they were the best choice. And I think that that's, yeah, I think that I'll leave it at that. So Mr. Dupont, do you wanna come on up and talk to us briefly about your experience and why you're interested in the board? Thank you, Mr. Chairman, members of the board. As I had explained when we met together initially, I moved to Arlington in 2000 and I now have an eighth grader and a fourth grader at Audison and at Brackett. And after I've become out of my depth as far as soccer coaching and baseball coaching goes and I feel like I have a little bit more freedom, the kids are a little bit more independent now. And so I wanted to become involved in the town on a more sustained basis. And because I've been a practicing attorney since 1985 and much of my work has been done in real estate, I thought that this was probably the best fit for me and the best way to help the town. Not to sound like a wonk, but I've always actually enjoyed real estate. But I like the law because I think real estate is unique. I mean, every home, every parcel, and so all of the attendant questions that might be raised about a particular parcel with regard to the zoning law actually really appeals to me. So that's essentially why I thought that it would be something I'd like to do. Questions from the board? Diane? I guess more so of a statement. Thank you for, as Mr. Greeley would say, your willingness to serve. I was really impressed with your brief outline that we received in terms of your legal background. And I really think, I'm not saying it's a requirement, but one of the things that's helped me on the board is I'm not an attorney, I'm a court reporter, I'm not looking for any business. But one of the things I think that's helped me run meetings and participate in meetings and show the respect as well as allow people to have their say is also similar to a few of our board meetings, and I've been to ZBA and you cited in there, you do recognize that some people come in and they're very passionate and there's a lot of emotions. And it takes somebody who's really tempered, who's representing the town, sometimes not take things personally and to try to keep everybody on track and knowing the law. And I started out in Land Court many, many, many years ago, I'm now MedMal, so I'm not soliciting for that. But I was really impressed with that feature of your background and expertise. Joe. Thank you very much. Thank you very much, Mr. DePont. I don't know if Mr. DePont remembers or not, but actually our paths crossed probably 16 or 17 years ago. Sure do. Oh, we want to hear this. My wife worked for mediation practice and there were a number of trained mediators who were contracting. I know that Mr. DePont was one of the mediators who was particularly difficult issues of division of assets. And actually, full disclosure, Mr. DePont handled the closing of my home in 1997. And what you say actually rings true. We had like so many lots in Arlington, we had issues with it was old on a private way. The town had started taking actions in 1928 that were not fully consummated. And there were a lot of technical difficulties there that we had in describing the property and such. And I was very appreciative of Mr. DePont's patience and technical expertise there. I didn't realize you had moved to Arlington. And I was thrilled to see the recommendation of the chair. It strikes me that your experience as a trained mediator is very relevant. Zoning Board of Appeals hearings can obviously become rather contentious. There are generally a number of interests at play when something gets to the ZBA. And I was wondering if you could speak a little bit to that and the relevance of that. Even before that, without trying to be clever, I worked in the restaurant business for about 10 years. And as I said to Mr. Dunn when we met, I was always sort of steeped in that philosophy that the customer is always right. And so the way that I've always approached my law practice has been that you pay attention to the people who come to talk to you. And even the people who you're dealing with on the opposite side, I think you really have to listen to people. And I think that that's the skill that's most useful in law, in being a waiter, or in mediation. And in mediation in particular, you are listening to people who had opposite interests. And you're trying to reconcile those interests, help people reconcile. You didn't do it yourself. So I really think that that's the process. And in my experience with boards, zoning boards, I've just found that I think that showing civility and respect to people who are before you, even if you're going to have to rule against what their request might be, is paramount. Because I think it's really critical that people come into that type of a setting and realize that at least they're getting a good, fair hearing, and that they're being treated the way that they want to be treated. And that even if they walk out without getting what it was they were looking for, they feel like the process actually worked. It may not have worked in that particular way for them. But so that's really what's at the heart of it. I think it's listening and just being civil and respecting the people who come in before you. Thank you. Are there questions? Yeah, one thing that I think, or where I intend to work as closely with the ZBA in the next, the very near future, I guess, would be throughout the master planning committee. And that's something we're taking very seriously in town. And I think it's something that we're all looking forward to. And I was wondering if you might be able to say a few things about your thoughts on the master plan, if you've been involved in any in the past, if you've seen what we've been doing in town the last few months, and how you think you might be able to add to that? I have to be honest with you. I haven't really seen it in depth, so I really can't comment on it. But I would be, of course, happy to get up to speed on that and to work with whoever was involved. Great. Thank you. All right. Oh, Mr. Gore, go ahead. No, I'm sorry. Thank you very much for your willingness to serve. You clearly are an excellent applicant. Thank you very much. You're very welcome. Thanks. And if I could just leave one last line and parting line, which I do think I glean from your many resumes, many CVL, I'll call it, is definitely knowing the difference when writing a special permit and a variance. And I know just from reading everything and the interface that you need to have, not only with the zoning board, your colleagues, but also the planning department. And I think some of the questions around Mr. Byrne's master plan, which he's our liaison to that, if you should be appointed, that's something you may want to either Google or contact anyone up here, contact the planner, and kind of get up to speed on that. Because that's where I could say you've got a good ZBA member, which we do, when you know the difference not only between this variance and the special permit, but how to write which one and what needs to go in there. I'd be happy to do that. Thanks. Thank you. You're welcome. Mr. Malloy. Mr. Dupont, you can take a seat. I think it'll probably be a bit of a speech. How you doing? Same question. A little bit about yourself. You've been on the board for three years. Approximately three years. My term expired and I'm up for reappointment. My name's Paul Malloy. I work for Mass DOT for 22 plus years. Engineering background, registered civil, instructional engineer. I work with the public pretty much every day. I'm District 4 up in Allington. It's a construction engineer. So we used to work with the public. I enjoy my term on the board so far. So I've applied for reappointment. Questions from the board? Mrs. Malloy. First, I want to say I want to thank you for your service on the ZBA. Certainly with the remarks up here, you've certainly conducted yourself that way. And working for Mass DOT, you're used to people coming up in your face. Not that that happens. I'm just saying I've been to some ZBA meetings. They're fine. And then you get that one in a blue moon that everything just goes. And I do appreciate your service. And I want to make sure the remarks that we're stating is we want to continue on with the zoning board of appeals the way we have in the past. It's not that we're doing anything new or different. Because we hear from different people. I've always heard stellar remarks about your service. When people take the time to do it, always felt professional, felt heard. So I want to thank you for your service pending your reappointment. Questions? I just want to thank you for your service, too. I was just wondering, could you give us an example of maybe one of the toughest decisions you've had to take as a member of the ZBA? I haven't had too many real controversies. I was telling Dan the last three years, a couple, maybe with a guy with a shed that was on his property line. And one of the neighbors didn't really want it. And he was pretty adamant. And he was upset when we voted for the petition. And how did you work through that? We went through the process where typically we call them up and they get to present the situation. And then we reach out to the people in the audience there if anyone supports it or objects to the thing. We listen to both sides and then we vote. I thought it was fair. But that was one instance. Sure. Great. Thanks. For the questions? OK. Thank you very much. You're welcome. So discussions or motions before we hear from the public? Mr. Chara? Yeah, Mr. Chara. Yeah, I moved to accept the chair's recommendations of Roger DuPont and Paul Malloy for terms on the Zoning Board of Appeals. To 24-15. But I need direction from town council on the term. October 1st, 2015. October 1st, 2015. Second. We have a motion and a second discussion. A couple of things. Are the other candidates, were they invited to be here tonight to be questioned by us? I told them when it was, but I did not specifically invite them to attend. I said the way I phrased it was the nominees. I said, you know, you have to be here. And the ones who I did not choose were notified. But I did not put the same weight on the invitation. OK. I'd like to start by apologizing to Mr. DuPont because I'm going to oppose his nomination. And it's nothing personal. I think you are an excellent candidate. And I think you're probably going to be appointed anyhow. And if not, I'm sure we will find a way to use someone of your quality. But I'm pretty clear in open meetings what my position is here, that we should reappoint the two members of this board who are up for reappointment. Individuals who volunteer for this community and want to continue to volunteer for this community and have served it well, I believe, should be allowed to continue to. This is quite a controversial appointment. Mr. Maloy is recommended, so I certainly will be supporting him. But I also would support the reappointment of Mr. Tula Mary. I believe he's given more than 50 years of service to this community. And I know there are those who don't like some of his decisions or perhaps at one point didn't like the way his style or whatever. But if you look at the record of this individual and the number of people who have come before us to speak for us, we have five letters before us tonight. One is against Mr. Tula Mary's appointment. Four of them are for Mr. Tula Mary's appointment. And by not appointing him, we lose another member of the zoning board of appeals. Mr. Lucarelli has sent us a letter making it clear he will resign if Mr. Tula Mary is not reappointed. I understand there are issues in Cambridge. And I appreciate the chair. And certainly I provided a lot of information to us. But in my opinion, those are issues in Cambridge that are being dealt with through the legal system. But nothing like that exists here in Arlington, all the work that Mr. Tula Mary has done for this town. So to that end, I move that we reappoint both. But it's probably too late. Mr. Curell's motion obviously would be voted on first. I believe so, yes. Thank you. Mr. Byrne. I echo Mr. Greerly's sentiments. I do apologize to Mr. Pond. I will not be supporting your appointment tonight. And I'm not going to support it because I do feel like Mr. Greerly feels that reappointments should be reappointed. I do believe the system or process was flawed. And I made that, I think, very clear at our last meeting. And just to open up an appointment process when we have a candidate that served diligently, given quite a lot of his time, he's volunteered for many, many, many years in town. That just wasn't right, in my opinion. We had a real asset in Mr. Tula Mary, someone that understood, had a keen understanding of the history of Arlington. He essentially helped to form the original zoning list. That's something that cannot be replaced on this board. And this is not something that I'm comfortable with. And quite frankly, if I was a volunteer in town, one that were a town that relies heavily upon volunteers, I wouldn't feel comfortable realizing that I could commit so much to the town and then have this kind of, it was not a very, I don't want to say messy process, but I don't think it went incredibly smoothly. I wouldn't want to be a part of that. And for those reasons, I would support Mr. Molloy's candidacy. I will not be supporting Mr. Dupont's. Thank you. Could I ask Mr. Kerro, do you want to split your motion? Since two of our colleagues are saying on Mr. Molloy. I'm happy to split my motion. So we'll do them one at a time. I'm happy to split my motion. OK. I would just state, I understand and recognize that the previous remarks. I know for me, reappointment doesn't guarantee you, just like me, getting elected as a selectman. I have to run every three years. And there have been very few times in our Lenten's history where some have felt someone, I have a good friend of mine who's been a long, long-term town meeting member. She was on the conservation commission and for conditions that happened at the time, perhaps her outspokenness or whatever. I won't go into that. She wasn't reappointed. And I know it's a very painful process. And I understand it hasn't happened to me, thankfully. But I've seen it happen to someone that I worked with and have great respect for and really felt it was a big loss. Although Lenten did go on the conservation commission and everybody else. But I do understand and respect Mr. Grilly and Mr. Burns. Remarks about the current individual that's serving on that it appears prior to our vote will not be reappointed. But I feel most comfortable with moving forward. I want to thank Mr. Tumuleri if that be the case, if we have the votes for his service. And I do recognize that he's spent many years volunteering for Lenten. So are you going to split the motions? Yeah, I'm happy to split them. And I just want to speak just briefly to it. I don't want to belabor the point in supporting the chair. I mean, I supported the process having the chair vet this. I support the chair's recommendations. I don't take anything away from Mr. Tumuleri's service. Honestly, I've had tangential interaction with him through some processes in the town. I think where I have to just respectfully have a difference of opinion with Mr. Grilly is just on my personal feeling about whether or not events that have transpired in neighboring jurisdiction are relevant or not. And in my decision making, they are relevant. And so that's really what I base my decision upon. We're charged with making these appointments. They have fiduciary responsibility. And I think that it is, in my view, when I make that decision, I consider it fair to look at other positions of public responsibility when I take that into account. I'm debating whether I should let you go or whether I should talk next. Whatever you think. In the chair. I could give my comments before I go around. So I obviously considered Mr. Tumuleri when I did the first round of interviews. And last week, I met with all five candidates, including Mr. Tumuleri. And I do want to say that I didn't support his reappointment. My decision has nothing to do with stylistic reasons. And it has everything to do with ethical reasons. And I also share Mr. Burns' concern about what not reappointing someone does to volunteerism and what it does to this board also. Because we're obviously in a very tense and uncomfortable situation about this decision. And I have worked, I'm sure I've made mistakes, but I've worked to make it as clean and not as messy as possible. But we are at this point where we have nothing left to discuss except for whether or not we want to reappoint him. And it comes down for me to this memo from his former employer in Cambridge where they believe that he had made several errors in judgment that are ethical in nature. And whether he was in Cambridge when he made those mistakes or whether he made those mistakes when he was in Arlington, it's the same individual making those choices in both towns. And I'm not comfortable reappointing someone with those who would make those decisions. And so that is why I've chosen not to support Mr. Tumuleri. I regret every element of the discomfort and unpleasantness that is associated with this. But I'm willing to step into this messiness simply because I think the town is better off if we don't reappoint it. Mr. Byrd. Just to follow up on while there, I've certainly seen there were questions that were brought up. I haven't seen any, I don't want to say real evidence, but I haven't seen any conclusive decision that the city of Cambridge has brought down upon Mr. Tumuleri that he, in fact, did something legal. And I would also say that there, while looking at what may have happened in Cambridge, there is also a town manager and a comptroller that would also be responsible for what took place there. And I do think that that should be brought up and put into the record. Because I don't think we should just start casting direct stones at this point. I will respond to that explicitly because the thing I'm basing on is not hearsay and it's not a pressed article. His employer believes that he aired. And they've said that on the record. And that's what I'm basing. So it is not that it hasn't gone to court. And who knows, maybe it will, maybe it won't. But his employer has made a statement. And Mr. Tumuleri has failed to convince me that his employer, his version of events is dramatically incorrect. Mr. Greenlee. I would just like to add a couple of things. I don't blame you, Mr. Chairman, but what if in court it's ruled that he was not guilty of these things? However, I understand. But we're his employer here, and that's what I'm looking at. And I have not seen any ethical behavior here. But it has been messy. But I want all of that messiness removed from the chairman and put on me. These appointments came up in October while I was chairman. And to be honest, as we all can feel in this room tonight, it was going to be pretty clear this was going to be a tough, free appointment. And so the decision we made openly was to ask for applicants for the job. And I really applaud the chairman. He interviewed all of them, including Mr. Tumuleri. I think he did so very fairly. And I think he has come up with two excellent candidates. I just disagree. I believe Mr. Tumuleri should be allowed to continue. But you deserve no blames here, sir. Thank you, Mr. Greenlee, but I don't think you. I don't think there's any. We need not blame anyone. But people do think it's messy. We did back room. That's baloney. Oh, yeah. So I'm going to, the board of intelligence, I'm going to invite everyone from the audience who wishes to speak. Then I'll invite anyone at the board who wishes to speak. And then we'll take a vote. One suggestion. Let's split it right now and ask people if they'd like to speak on Mr. Molloy. Because I have a feeling the only comments we're going to hear are on Mr. Tumuleri. I suspect you're right. You don't want to just take the vote on Mr. Molloy? Well, if someone's here, I'd like to speak about them. Let's just go through it. Mr. McChurk. Yeah, right. Is there anyone here who wishes to speak on this issue? Mr. Belskis, your hand was up first. So Mr. Belskis, you're the first up. And I'll indulge myself to repeat my comments from earlier, which is I invite you to be civil and be brief. Absolutely. I've never been any other way, if you recall. As the lone dissenting letter, I thought maybe just a few words of why I provided that information to the board. I've had two occasions, probably the most difficult thing the zoning board can deal with is a comprehensive permit. In this state, it happens to be a disaster. I've worked with over 200 towns in this state. You know, we've only got around at 52, so there aren't many that I haven't seen. And I've seen how the boards function. And I've participated in two zoning board hearings here in Allington dealing with comprehensive permits. And the thing that kind of bothered me greatly was the way Mr. Tulumari carries the meeting and kind of favors the developer as opposed to the citizens participating. And it really bothered me when, subsequently, we found out that despite input from citizens at the comprehensive hearing for Brattle Street, the permit was approved with no reflection whatsoever on some of the information that was provided by citizens that in subsequent investigations by the state inspector general said, wait a minute. You violated many of the rules of the game as far as comprehensive permits. Now, he's been on the business long enough, though I've had many state legislators in my conversations up on Beacon Hill say, comprehensive permits don't really belong with ZBA. ZBA deals with setbacks, area, type, style, color, whatever. Comprehensive permits really belong in the realm of planning boards. But that's not the way it's written. So we have to live with what it is. I'll tell you, many ZBAs are very supportive of what the town's position is as far as comprehensive permits. I just got done working with people in Woolman. There's ZBA turned down a comprehensive permit. The board of counselors supported the decision, provided the funding to hire expertise legal people to go before the Housing Appeals Committee because they know it's going to go back before them. That's the kind of action I like to see out of a zoning board. And I don't get that sense here in Allington. The second one was the Winter Street Project, which there again, the attitude towards the people that were supplying input from the abutters, they were treated lightly. If I hadn't brought up the fact that the filer of the petition wasn't even incorporated in Massachusetts, which you should have recognized. And oh, by the way, early on, the meeting was kind of illegal because it wasn't published properly. I expect my zoning board chief to understand that the CMR changed a year before. And he published it with the incorrect CMR. He could have stopped the meeting and republished it. But he leaned in favor of the developer. So I guess my feeling is we need a kinder, gentler, and maybe someone that has the best interests of the town. We have potential of $700,000 missing in excess profits from the Brattle Street job. I don't know where that's gone, what's been done with it. The letters went to the board at the time. Mr. Tulia Mare, Massachusetts Housing. But I haven't seen anything happen here in town. So I don't know what the consequences are. But if you'd like to find somewhere in the order of $700,000 or something close to that, those are the kind of things that bother me as a taxpayer and a resident here in Allington. And I'll remain the dissenting vote. I think you can do better. The two individuals I heard here this evening, I think represent a good opportunity. And if Mr. Luccarelli chooses to resign, I didn't put my name in for the ZBA job, I'll make myself available. At least I understand all the chapter 40 and chapter 40B implications. And I know background in zoning. I've appeared before the Cambridge Zoning Board. I sued the Cambridge Zoning Board. And the chairman of the Cambridge Zoning Board said, gee, why aren't you on this board? I said, because I don't live in Cambridge. So the voters in your hands, folks, that's why I wrote the letter. Thank you. Thank you, Mr. Bielskis. You're the one of your items, the 700,000 dollars. We're going to discuss it in correspondence received later tonight. Mrs. Fiori, your hand was up next. Mrs. Fiori, you came and talked to us about this already. So I'm sure you're going to be brief. You don't really know that. It was a hint. I decided that I would qualify myself not for the job and the zoning board of appeals. But I have been a town meeting member for 50 years, as you all know. And I'm much older than probably most of the people in this room. But I have to run for reelection every three years. I'm a firm believer in the elective process. It was one of the reasons I supported that finance, not having the treasurer on board, not elected. But so I'm going to give you my qualifications. As a person, I'm not just Elsie Fiori that people recognize going down the street. I did go to business school. I went to Hickok Secretarial School. I got one of the eight honors out of 200 students. I finished the course in nine months instead of two years. After a while, I decided, and I had good jobs. I'm a certified legal assistant. I had good jobs in the biggest law firms in Boston. And then I decided I would like to die degree. So I went to UMass. And I got a certificate in community planning. And then I decided, well, maybe I should go to law school, which I did do for three semesters. Now I haven't finished that. I've got to go down the road. I saw somebody nine years old just got a law degree a little while ago. So I have just a few years left to finish that. But I want you to know that when I'm at town meeting, it isn't because I just want to sit there and just want to be reelected. It's because politics has been my life in Erlington. I live not here. I have a home in Quincy, our family home. I can leave and go there anytime I want. It's very comfortable, however I like being here. And so that's enough of that. You know I did speak against a, I was here before and spoke briefly. I forgot to bring all the papers from the Cambridge Chronicle this thick to tell all about the money matters that Mr. Tomeri has been involved in. And I'm just repeating what I said that night. I was here, I think it would be a complete embarrassment to the town of Erlington now that we know all of these things to have him reappointed to the zoning board of appeals. And I think probably I've said enough. I've worked with the people in Cambridge. I belong to what's called the North Cambridge Stabilization Committee. It's like three streets down North Cambridge. They're all concerned about that. The area, I've been down to city council meetings and spoken. As a matter of fact, if any of you drive as much as I do and go down to the fresh pond area and see what a mess they've made with all the apartments and all the buildings and everything, they were speaking about it one night at a city council meeting I went to. And somebody said, how wonderful it is when we now have all these stores. And so I spoke and I identified myself as a resident of Erlington who is involved in politics. And I said, if you go down there, I said, you can't get out again. I said, the roads are just terrible because there is no way to turn here or there. Well, it didn't take very long before they've made some of them one way. I like to think that I had made an impression that night. So I feel very strongly, and I've known Mr. Tolmeri for many, many years, not really personally as a person like that. I knew his father-in-law when he was the chairman of the Redevelopment Board when it was the planning department because we went to change from the Planning Department to Redevelopment Board, his father-in-law only stayed on a couple of years. So I've been around a long time. But I really pay attention. The things that come to my house, I read every word. And I would say that I would be very disappointed if Mr. Tolmeri is reappointed. Thank you. Mr. Franco-Mont, as far as I know, you're Mary Margaret. I'm Mary Margaret Finance Committee for 17 years and recently had the experience of going before the ZBA as in a butter. I am appalled at the way the process worked. I'm appalled at the way the meetings were run. They were not run in any kind of order. They were not, there was nothing ethical about it. There was nothing considered about it. And worst of all, at the very end of the meeting, the man threatened me. Now, when I went and talked to other people about this, you'd be surprised how many people had that same experience. I do not think this man is ethical. Whether you consider Cambridge or not, this man is not ethical. He, well, you read the letter that I sent to you, so I won't go through that again. But when I talk to other people about their experiences at the ZBA, they're very similar, but so many of them have been cowed or intimidated by Mr. Tolmeri that they won't come forward. And I think at the very least, those meetings have to be taped no matter who is in charge of those meetings now. They have to be taped because it is amazing to me, not just in my situation, but the other two things that were going on there while the other two hearings. They have to be taped because I think the town is blissfully unaware of the way things are handled and the things that are said. And I can't say strongly enough how much I want those meetings taped so the public can see what's going on and that in no way could I recommend that Mr. Tolmeri be reinstated. It was appalling, thanks. Senator Nelson, the audience who wishes to speak on this issue. Seeing none, anyone on the board? Any final comments? All right, I think we'll take a vote first on Mr. Malloy. All those in favor, please say aye. Aye. All those opposed? Five, zero. On the appointment of Mr. DuPont. All those in favor, please say aye. Aye. All those opposed? Nay, three to two. Again, with apologies, sir. I want to thank all of the applicants and I want to particularly appreciate, thank them for their forbearance and patience during what has been one of the more difficult appointment processes that I have ever been a part of. Mr. Greer. Can I just ask if the other candidates were just the names, if you don't mind? Sure. Mr. Tula Mary. Yep, Mr. Malloy, Mr. DuPont. Walt Fye and, oh my God, Steve Reynolds, Steve Reynolds would have come to me in a second. Thank you. Because just if what Mr. Luccarelli has threatened and we do have another appointment, that certainly should come from those other candidates, I think. I hope that Mr. Yeah. I hope he doesn't too. Me too, I did not want to lose it. All right. I'm going to move on to item six unless there's any further discussion. All right. Request, outside furniture permit extension, Capitol Theater. Mr. Framon. So Mr. Framon, would you ask for an outdoor furniture permit we gave you, was it a nine month one basically? Like a kind of a temporary one while we evaluate it and we asked you to come back before July 1st? That is correct. Before July 1st. That is correct. So what do you have to say? Seems like yesterday that I was standing here before you to talk about this topic. And the time has passed and summer is upon us. We've put the outdoor furniture, the three little bistro tables, and we've had, as you know, very summer like weather and they've been used and our patrons have enjoyed them immensely. And so we're here again requesting an extension or something more permanent so that we don't have to take up your valuable time, the board's valuable time for a very non-controversial issue, I presume. And the Capitol Creamery, which is the ice cream parlor of the Capitol Theater, has become a very popular destination as I'm sure many know. So we would like to see this continue. It's really. Move approval, although I'm not sure if anybody else to see or any of the neighbors or anything to speak on this. But I believe Mr. Frayman's outstanding businessmen in this town. And I haven't heard any complaints about it at all. Thank you very much. Sarah, second? Second. Mr. Bird, second. Questions? Discussion? Mr. Kuro? Yes. Thank you. Thank you. I agree with Mr. Agrily. You're an outstanding businessman and we appreciate your presence there. I did, however, take up the chair's invitation and his exhortation to go down and take a look over the weekend. And now usually. And try the ice cream, sir? Wow, this is the thing. You see, usually my kids, they complain. Like I say, you've got to come along with me while I do some selectman's business. Where we going today, dad? We're going to inspect the ice cream store. It was very good. It was very good. I did have a few observations, though. I did want to note. Now, in the application packet you gave us, you show four tables and chairs. When I went down yesterday, and I took a few pictures, but I think you had three tables and chairs out, as well as a sandwich board sign, which I don't recall being subject of the previous permit, but that's neither here nor there. Although it may be. We may have to make that part of the motion. So there were only three out. And unfortunately, I hit it at a time when nobody was using the tables. I guess it was too hot and everybody had taken refuge inside. I'm concerned about one of the table locations. And that's the one that's directly across from the bike rack. And when I went down, and my colleagues have some pictures I took. I think we have some extras here. I think it was Helika. Framon, do you want to grab? I'm sorry. Somebody had locked their bike to the rack, and it had fallen down, and it was left unattended. So it was halfway across the sidewalk. The combination of that with the table made passage somewhat difficult, potentially. So that was a concern on my part. And the other concern was that it was a very windy day yesterday, and some of the tables actually blew over. So I would actually be happy to support a revised motion permitting three tables, providing that one is not set up across from that bike rack, but allowing the sandwich board to be displayed at that bike rack, because people won't be there obstructing the passage there, but also requesting that the table somehow be weighted so that they're not blowing into the street, and then subject to all other conditions there too. And one of the conditions I just wanted to mention, and you may not have seen this yet, but the Board of Health did give us feedback that there does have to be a no smoking sign placed on the outside there for the area. That's when the health department's requirements for this. So when we say subject to all conditions, that's one of the conditions. And I just have one question. I did notice you do have an alcove there where there used to be a door. It's no longer used as a door. Is there a reason that one of the tables can't be pushed back into the alcove? Not really. I think on occasion a table was put there. Yeah. As far as the bike rack is concerned, oh, here's the picture of the alcove. But it is a little cramped there, but it could conceive of it. I think we've had an occasion. Sometimes the customers will move a table themselves. Right. So that's the thinking that just a weight tied to the bottom, if you just a chain with a light weight on the bottom would keep them from blowing over and would also probably act as a deterrent to customers trying to move them around. Well, the windy conditions are unusual. I mean, yesterday was the branches were blowing off of trees and all sorts of things. I suppose we could put something the way the table's down when it's windy. But usually, I haven't seen that as being a problem. As far as the bike rack is concerned, I mean, these bike racks were installed, I don't know according to what criteria, they were just put down there on the street anywhere. Right. I guess if the, you know. I just want to understand, I support having the tables there, but that one particular location I have an issue with passing through the bike rack. And especially when I came, that blue one was down on its side. Did the wind blow it over, do you think? Yeah, obviously the customer had gone off somewhere in the district, but if people had been there, it would have made passage a little bit more difficult at that choke point. And I think if you want the sandwich board sign, we could include that in the permit, I would think. Correct? No, Mrs. Rice. No. Now do you part of the zoning bylaw? Oh, OK. All right, so, sorry, are you? Yeah, so I'm willing to vote for three tables provided that one is not across from the bike rack. Mr. Greely, do you want to change your motion or do you want to stick to your guns? I want to stick to my guns. As I'm looking at this picture, if this is a bike you're talking about that's tipped over, I can't believe you think that isn't passable. I mean, I think two people could walk by there right now. That's what you mean by a bike. And his making him responsible for who's parking what bikes, how people are parking their bikes. If he wants four tables in this room for them, I think you should have four tables. Thank you, Mr. Greely. Mr. Mohan. I'm going to be supporting, first, we have to vote on the first motion by Mr. Greely. But Mr. Carroll's recommendations, I went down. Must have been similar time. There were two people there and there were bikes. And I had that issue just saying, can we just shift this table down a little bit so that we can keep that clear passageway. And you are not responsible for how people position their bikes and if they fall over. But it is a condition that does exist. That was my only thing. As well as, I'm a bit confused and I think I don't want to state something I shouldn't. So I guess that's town council or the town manager. In terms of, I know when other applicants have come for us, blue ribbon, barbecue and the like, and they've asked for outside furniture, I'm going to call this, we tell them they have to work through the planning department. And the town of Allington has certain pieces of outside furniture in terms of what they are, what they consist of, and how they are secured. Is my memory correct? I'm not familiar with this, I'm sorry. Well, I know when blue ribbon came in and requested, they said you have to work with planning to make sure you have, to help solve the dilemma of, I understand you don't control the wind and we don't control the wind, but the wind happens. And we can't just say, well, it's a condition, we know that is happening and we need to address it. So I guess I would leave it to Mr. Freeman and the town manager or whoever you think is appropriate. But I'm pretty sure, I remember Alan McClendon coming up, unless the rules have changed, he said to me, anybody who wants to put anything outside, the planning department has a set of guidelines. Well, the planning department is one of the departmental sign offs on his application and they have approved this application. Okay, but then I need to follow up on that, because maybe with the transitions of, not TPW, planning directors that somehow, I want to see what the current planning director wants to do in that vein, because this is going years back when they come in. And then in terms of the sandwich board, I think that's something, and again, I think it was the same thing when you went through ZBA, there were certain requirements. It's illegal. Is it against the something by law? It's against, okay. All right, then I'm not gonna, maybe it's when we allow the blood drive and the legal women voters, we do give them a set of guidelines of how they have to secure it on the island. So I must be confusing that. So there's no sandwich report. Okay, but I would, after Mr. Grilly's motion be. Mr. Brown. This seems to be a theme tonight, but I'm gonna be supporting Kevin's agreement. Kevin's motion. I agree that we are lucky to have Mr. Freeman as a business owner in town, especially, you know, the capital as we talk about, you know, developing business districts, the capital is gonna play is and has is and will continue to play a large role in that, you know, in East Arlington. We, I'm happy to support him and, you know, all the customers he serves. I mean, I'm looking at this picture with the bike down and I believe ADA requirements are three feet that you need. And I, that's certainly, you know, enough for people to pass through. So I appreciate all the work that Mr. Freeman does for the town. And I'm sure that there will be many customers this summer who will enjoy sitting outside. Mr. Greeley has, can I just ask a question to Mr. Freeman? Yeah. Does it matter to you whether it's three or four tables? Do you really want the four? Is that important? It gives us a little more flexibility to, you know, depending on if the weather is really nice and people want to sit out there. There is room for four. Okay. I would, I would just add that, you know, common sense would require anybody. It doesn't, it doesn't have to be a theater with a bistro tables, it could be your own house. If it's a windy day, people should secure the tables. And, you know, I think that maybe we will take a closer look at that next time that we see that it's going to be very windy. As far as the bicycle is concerned, I mean, that doesn't happen that often. I mean, you took a picture when it did happen. Maybe a kid didn't park his bike correctly. I mean, anybody could just straighten it out and there's, there's plenty of room here. So I don't know if we have to micro-regulate, regulate something on this level. I want to, I want to just be clear. I'm not suggesting all the, I'm pointing out some issues that I saw. The only thing that I'm suggesting as far as amending the motion is to go to three tables. And when I went down, I only saw three out and that that third table will not be across from the bike, from the bike rack. So that's, I just want to be clear on that. Are there, is there anyone from the public who's here to talk about this particular issue? Seeing none. I'm implying to support Mr. Greeley's original motion. And I'm not, is there any, so it feels like we're ready for a vote unless there's some other creative alternative or compromise or innovative sense. We have a motion from Mr. Greeley that was seconded by Mrs. Brown. Any further discussion? All those in favor, please say aye. Aye. All those opposed? No. Three to two. And can I just add to that, recognizing the vote of the board, if you could, I understand you're saying all the people need to use common sense. I totally get that. But you're also the business owner and your employees. I think the first burden falls upon you all in terms of, and I'm sure, I hope not, if somebody hurt themselves out there, we have it on the record that we informed you that the wind hits it and it goes into a car, you would be liable for that. It wouldn't be the person who didn't sit in the chair right or put the bike right. Obviously, we want to have a situation. I think as a business owner, you'd want to address that. And I really don't think, maybe you still can do this with the four tables. Try to position them so that you can leave some clearance there. Because I went down on a different time and saw the bikes there. It's obviously not something that you have to do, but I would just ask you as a business owner, just since it was raised to you. And you say yourself that people pull it when there's a lot of bikes there and it gets tight. So if you could just, you know, in the spirit of the discussion, that's all. Of course. Which was three to two in favor of four tables. Yeah. I share some of what Ms. Lohan says and that obviously we want people to be happy in the capital square. And so I'm sure you'll demonstrate the flexibility necessary to make that work. Okay. Anything else? All right. All done. Thank you. Thank you very much. Welcome. Next up, Citizens Open Forum. Accept it on usual 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. It should be noted that there's a three minute time limit to present a concern or request. Is there anyone here tonight who wishes to speak under Citizens Open Forum? Doesn't look like it. All right. Next up item number eight, approval for the 15th annual Feast of the East. Who do we have here to speak to that tonight? Jan Woodard from Artbeat and Capital Square. Welcome. Thank you. Tell us about all the exciting events. Saturday, June 15th. We've moved the time in the past. We've had it in the afternoon, but the festival started 11, I'm going from 11 to three this year, which makes a nice lunch time. Lots of restaurants participating. Lots of entertainment and activities. Trinity Baptist Church on the lawn extending up to the Capitol Theater Block. And we, Cleveland Street from Mass Ave to back to Waldo is just closed off right there at Mass Ave so that we can have some entertainment there and seating. So we've got a motion, we need a motion to for the traffic and parking changes that are the. Move the program. Second. Are there any questions or comments? I want to remind everyone what day this is. June 15th. Saturday, June 15th from 11 to three. Okay. I do a question. I'm sorry. Maybe you said I'm just concerned. Did you say Mass Ave is going to remain open? Yes, it always is. Wow. Yes, what we do is we widen the sidewalks, restrict parking for several blocks. Okay. So that there's more room. So that people can be on the sidewalk and the tents are put up right where the parking would be. And we have the public safety officers there at several crosswalks. Great. No, I'm looking forward to it. Thank you. I've never closed down Mass Ave. Yeah. Any further conversation? Only Marie does that. Yeah. Mr. Fiora, this is the public hearing. I'm sorry. I wanted to give credit to my church that I've been home to for the past 50 years. Trinity Baptist, I didn't hear it mentioned. All right. Okay. All right. Is there any further discussion? All those in favor, please say aye. Aye. Five zero. Thank you. Look at that. We can be. I also felt good to say that. All right. I felt like I was back on my beginning days on the board. Next, Arlington Public Art Mural Project 2014, Adria Arch. Talk to us, Adria. First of all, I want to ask if you, do you all have this one? And you also have the. Yes. Okay. In color. Thank you. I mean, never mind. Well, so first of all, I just want to say that you know, I'm cheerful where you sit is coming up. Number two. So thank you all for giving us permission to do the first one last year, which was so successful that we funded this pipeline mural project. And this year, we're raising money to do a new project, which is the utility box or transformer box mural project. So this is another fairly low cost and visible and cooperatively done kind of a project that we think will again set the tone for the community to start embracing public garden and seeing how it can really beautify and enrich the daily life of everyone who lives in Arlington. So, yes, thank you, Jane. So on the left, we have current transformer boxes in Arlington, two of very attractive ones that have had graffiti on them. They're just, you know, kind of worn. And on the right are photographs from other towns that have done similar kinds of projects. This has been done in many other places. And so it's often inspired by the surrounding businesses or events that happen around that area. Sometimes they're just beautiful designs, but so we plan to offer competition to Arlington residents and people who work here as well to submit designs. And with your permission and, you know, sort of making the right choices, pick five to 10 of these boxes that would be our first ones that we would do. So we're asking for your permission to do that. Excellent. Ms. Rice, did you have a comment you wanted to make? Oh, I think there was a document that was circulated and sort of overview of how that process would work. I did have some initial comments on that, mostly clarification that I think it has been circulated to you. No, I didn't make it into the agenda. I'm sorry. I can certainly provide it to you at nothing or shattering, but some questions I had about how it would work. And I'd be certainly happy to work with Ms. Archer or... Would you consider it appropriate for us to approve it in principle and work out details later? Sure. That would be fine. Steve. Thank you. I think this is really cool, especially if you look at the pictures that were provided and how awful they currently look. And one thing I really like, and actually Ms. Howard pointed this out to me over the weekend, that there is a anti-graffiti clear coat going on, which is pretty neat as well. And I really like the sound of that. I was curious if there was any process to address kind of the wear and tear of the boxes as a, say, two years goes by and they deal with the winter if there is any or if the town would be responsible for that. Well, this clear coat anti-graffiti paint protects it and is UV resistant. So these are not permanent pieces. They just aren't. And with a very small budget of volunteer fundraising, I don't know. I mean, I think this could be an ongoing project. What does typically happen in other towns is that when things get too bad, they have another artist coming in and redo it, another design. Great. No, I'm gonna support this. Thank you. Ms. Mohawk. Could I ask as part of that process, and Attorney Rice may have already put it in there, but that before, depending on how the board votes, it seems to be heading a certain way, before we paint over, provide good art to these transformer boxes, that we can check with the police department that I know in their ongoing investigation of tagging and the like, that they keep files on them. So before we paint them over, like this one tagger down there on the bottom, I'm so familiar with it, it's not even funny. So if we could just make sure that step is in there, that they, cause sometimes, the tagging's been there for a year and they have it, and it might be, it was a month ago then. So if I could ask you all to make sure that's, I know the town will make sure that step is taken care of, but having been a high school coach down at the high school, I'm very familiar with tagging and some of them express themselves that way, but I do know we do keep a rocket of it so that when we do find the individual, we can work with them and say, here's everything you did, let's work with us. Maybe some of them could, Exactly. Some of them could actually be encouraged to submit a design. I mean, who knows? Anyway, this is that kind of, Just before you do all that, but that's fine. That's a quick check with the town manager or town council. That's fine. Ms. Greeley, I'm sorry. Well, I was just, no, go ahead. You want to respond as quick as possible? What we could do is the APA could recommend the ones that we would like to do and come back to you and say, these are the ones we want to do or, yeah. I don't want to make, I don't want to make any art decisions. I really, oh. Just which transformers? Maybe that's a pin. Do you mean with boxes? Yeah, two boxes. Which boxes? Sure, yeah. Just what information? Or do you want us to just... No, let's hear about which boxes. I thought you were asking us to choose which artists. No, that's all right. That's us. We've had enough controversy on this topic. Sorry, I apologize for cutting you off. Have a good one. Mr. Greeley. I just would like to know where I'm going to submit my particular design idea. Is paint by the number allowed on these boxes? You know, a couple of things. It's an excellent idea. Two things. Are you going to give them a theme like historical Arlington or the future? Or I don't know. Are you going to give them a theme or you're just, it's totally wide open? Whatever you want to paint on the box. The proposal that you all have was a draft. And it was drafted from another town, a couple of different towns that already wrote the thing. And so it was, so we took that template. And I think the APA needs to sit down and discuss what exactly we do really want to do. This was just an idea. So it could be all of those things. It could be submit designs. Take a look at the transformer box that you are really interested in doing. If it happens to be by the fire department then maybe your design, you know, just have a really, a real interest in doing something historical for that piece. Or maybe it's by the dog park and something fun and canine oriented. So I don't know, that needs to be worked out. Right, life in Arlington. Life in Arlington. But you know, two years from today, you might want a new theme out there because so that we refresh them or whatever. The other thing I was wondering about, are any of these near schools, and if they are, can we turn over to give the school the opportunity for the kids to have a design project contest within the school and then let the kids paint it? So here's the thing. Two of them are by schools. One is across the street from Hardy School. I'm sure there more. You know, I really only documented 11 of them. It took two hours. The other one is right by the high school. And Dave Ardido is very interested in the high school doing one. But our idea is that we really want this to be well done artwork and well executed. It's really important. These are big. All of them about four feet by four feet. I measured them or so. And it's a significant effort. It's gonna have to be done by somebody who really, and that's one of the things that we're gonna be looking at. Can this person actually carry it out? You know, can they take it to completion and do it well? So with the help of a teacher mentor, yes. And a teacher could submit on the behalf of her students in an elementary school. Sure, and we could certainly consider that. But all of them would be considered together, yeah. Thank you, Mr. Chairman. Mr. Kerr. Thank you. I'm very enthusiastic about this. I think like Mr. Byrne, I was very impressed with the list of technical specifications for how to prepare the surfaces. I don't know if that's been reviewed by DPW. Ask the manager. DPW has reviewed and still comments. And it does. Oh, okay. So commenting and making sure the access is still there. But I also just want to say that I'm very pleased to see this so fast. I think we've been in contact about there's been a lot of upset in the last month or two about one of the last big temporary public pieces up in the heights and how that, unfortunately, has been transformed. It's something else positive, but still something we've lost. I'm very happy to see that we have something positive to move forward with so quickly. And if it's in order, I would like to move to approve this concept in principle and with our great expectations for the return of the public art committee with some proposal for specific boxes and specifics. Is there a second? Second. Mr. Byrne, is there any further discussion? I want to see Mr. Greeley's paint by number. By the dog park, Mr. Greeley. Did I mention him colorblind, by the way? All those who think can say aye. Aye. Great. Thank you. Thank you. Looking forward to it. And to make this happen, support, chair for, you sit. So we're looking to have 60 chairs for sale, for donation, and that money will be used to give each artist a stipend and also pay for the paints and the clear coat stuff. Great. Thank you. Excuse me. OK. Next up, approval. Summer concert series, June 19th and August 21st, Jennifer Tripp from the Ireland to Change Over Commerce. Thank you for your patience through our not so brief agenda this evening. Last time, we were also on. Yeah. Really? I didn't even. Oh. Yeah. The first period's just ending right now. We've finished school yet? There are people at DVR. We don't want to be mean to them. Oh, yeah. All right. OK. No, wait. For us. For us. Yeah. Sorry. I'm sorry. Do you have this? Yes, we do. Yes. Yes, we do. Thank you. Thank you. You've got pictures of last year's event. That's the last concert back in 2005. Not last year. Not last year. So it's been a while. So we're going to bring back the summer concerts. We're going to have two, one on June 19th, one on August 21st, in front of the Jefferson Cutter House, starting at 6.30. The 19th is Karen Cain the Jitterbugs, a kid's show. She's very popular. And then on August 21st, we have Dave Sanmarco. So two local artists, and they'll probably be on for about an hour, hour and a half, in front of the Jefferson Cutter House. Excellent. Did you say you have rain dates? Did I hear you say that? Yeah, the next day. OK. And if it rains the next day, we're just... Sponsored by the Chamber of Commerce? And Leader Bank. Leader Bank. Yeah. And we are going to have one or two food vendors available on the green, selling food. And we're going to work with the Board of Health for permitting for that. It's also right up to the farmers market. So hopefully people will come to the farmers market and stay for the concert and stay in town and shop and eat. I recognize Ms. Rice. Thank you, Mr. Chair. I noted that in the request, there was a request to hang a banner. Yes. That's probably something that would have to go before the ZBA as a sign permit, a temporary sign permit. OK. I think I'll have to check with my Michael, but I think that she can get a temporary sign permit for 30 days, about $20. That's not a question. I need 90 days. So I think then that sounds like we're not going to take a vote on the sign portion of this, but we can take, we'll take a sign on the other, vote on other elements of it. Mr. Creely. Yes, I noticed that the gig is open in July. Are you looking for like an open mic kind of performer? No. I'm going to be on vacation. OK. And we think with the block party on July 13, we just kind of spread them out. That's great. We're going to start off slow. Next year we'll bring back. Soft opening. Yes, soft opening. Mr. Carol. I would like to thank Ms. Tripp. She has also been helping with some logistics around the Arlington Live Block Party. And I think that some of the scheduling was specifically to bookend that so that we do have things going on throughout the summer here in Arlington. And while you're here, I would like to also just congratulate you on your recent honor from the Center for Cancer Support. Education. Thank you very much. You do a lot of great work with Shoot for the Cure. Thank you. I'm sorry. Tell me more. Every year I do a woman's hockey fundraiser, the Shoot for the Cure. Oh yeah. And this year we raised $25,000. Yes. And every year we give money to the Center for Cancer Support and Education, the Children's Room. And we sponsor Avon Walkers. And this week I'll be delivering three $1,000 scholarships to three graduating high school students in Arlington. Fantastic. Thank you very much. You have a motion? I move approval. Mr. Greeley was a millisecond faster. Is there a second? Second. Mr. Cura. Any further discussion? All those in favor please say aye. Aye. 5-0. Thank you very much. Go Bruins. Yes. Yes. Of course. All right. We have a slew of correspondence received. Move receipt. Second. One parking problem. Two conversations related to Appleton Street. Four related to the Z-Beer Chair, which we've already discussed. And the one item is going to come back up right now, I'm sure. And Broadway and Palmer Street. So I briefly emailed with Jeff Mcstudies of TACC. And he thought it was appropriate for TACC to hear both the Appleton and Broadway and Palmer. So moved. We refer to TACC. Second. Second. All those in favor please say aye. Thank you for moving off our last meeting with them. You're all well done. I think I got an email from Jeff's reply. Were you expecting us to be there? And I'm like, no. I'm not expecting you to be there. I just want you to know that we're going to talk about it. And sorry. About those ones? Oh, no. Well, yeah. I will say the TACC considered Appleton in January 2006. And we did mention that to them. But, you know, that just gives them warmth. Yeah. TACC will look at it. And if they've got stuff to add, they will. They'll be thorough. Okay. Next next step is Bailey Road parking. Was there a specific disposition that made sense for that? We're going to refer it out into the town manager for either enforcement or signage update. Yeah. Well, I'll have the traffic enforce me and take a look and make a recommendation. Thank you. That's good. So moved. Second. Second. All those in favor please say aye. Aye. Aye. Okay. Mrs. Mahan, did you want to talk about Mr. Guskas? Yes, I did. I'm hoping what comes out of this is the town manager continues along the road of where this goes. We did receive correspondence from Mr. Belskas and he spoke about it when he was at the microphone about possibly the town recouping some money that it might be owed. And the way I understand the chronology and I tried to provide some documentation to my colleagues by email and you have it tonight. But basically back in October of 2005, from what I understand going back for the history and the documents I have, a matter was brought forth regarding the Brattle Street 40B saying that it needs to be reviewed in the town as a result of this submission to the inspector general. It could possibly be due owed around $700,000. And the points that were cited basically were that, and I'm not going to go into it. I have a six page document. I'll provide it to everybody. But basically there was a claim that indicated on the property. The deed for the property was not as the applicant claimed. The claim of the 6800 square feet, 24% of the site at the time the claimant responded was overstated and then goes into the town's bylaw. And then the claim size of the taut lot, the claim was overstated. It was doubled. It was $2,800 when it was $1,200. Then I understand that October 2005, a letter of submission went and found its way and took, you know, first it went to Joe Tumilieri and then it went to everybody else in town, got to the inspector general who provided the executive director of mass housing on July 11, 2008 basically saying if some of these things were true, it basically says in conclusion the appropriate land evaluation development should be $750,000. But from what I understand, the inspector general, when he contacted Mr. Gleason, the executive director of mass housing said, okay, take town of Allington, rectify this. I am told that, and this is where I need the town manager, I am told that the planning, that MassHUD received a response from the town and I know as a citizen activist, never is a member of the board of Selectman because my first month on is a member of the board. I had a very unfortunate experience. And so what I am told is that the town possibly through its planning department or the then ZBH chair provided some sort of, they had to respond to the executive director of MassHUD and I haven't been able to get a copy of that or find that. So A, I would like to ask the town manager with my colleague's approval that he follow up what became after the July 11, 2008 if we can, as Mr. Belska says, you know, go through the exercise. And again, this was me last minute of research. I apologize. Other cities and towns that have pursued a similar process regarding 40B have been town of Boxborough. They were awarded 1.8 million. Town of Braintree 2.275 million. Afton 763. Currently, right now, the town of Grafton is suing for 17 million plus 40 million. And they're about to begin a trial. So what I'm saying is I'd like to at least go down the road if it's an appropriate road to go because I feel like it's kind of been left hanging there. Find out if there was resolution of this. And if it is the case that we can recoup some monies, you know, the town manager can present all that back to the Board of Selectment with any recommendations on lack thereof. And if we choose to proceed forward and is an area that we can recoup money, I'd like to do that. So I'd like to make a motion to direct the town manager and I'll provide all this other correspondence to everybody else to kind of finish where this trail went. And we do this money. Is there a second? Is it okay with the town manager? I'll do it without a motion. I'll gladly look into it. I suspect that we're going to find the Adam's predecessor hunted it down to the end. I'm pretty sure of that. But let's find that out. I won't go on the record with what I've been trying to get for this. I was ready to second it, but I just want to make sure I'm clear on the language of the motion. I mean, if Mr. Chaplin's going to do it without a motion. Yeah, if he's into it without a motion, that's fine. I just wanted the Board to be aware that I'm having these conversations and, you know, I don't want to be saying, you know, how come Mahan's directing somebody? That's all. We've done several motions in a row where we referred something. Do you want to make a motion to refer to the town manager? Is there a second? All those in favor? Aye. 5-0. Okay. So I think we've disposed of everything that needs to be disposed of, but we still have three items that we should move receipt on, which Mr. Greely did and Mrs. Mahan seconded early on. Is there anything else we'd like to single out? All those in favor of the receipt of the remaining items, please say aye. Aye. Thank you. All right. So just a reminder. I opened the meeting saying we're going to go into executive session. I think that we will expect, depending upon the vote of the board, that we will come out of the executive session with a statement. So I just want to remind people of that. But say, having said that, let's do new business. This is a proposal. Yes. I'm sure Mr. Greely is going to talk more about that. Yes, I am. Ms. Reitz. Nothing new, Mr. Chair. Thank you. Mr. Town Manager. I have no new business. Mr. Greely. I hate to break the cycle here, but just what Marie was saying, we just still want to encourage people. The 100th anniversary of Town Hall celebration of the Town Hall and Gardens is Friday night. It starts at 5.30. With hors d'oeuvres in the garden, please God. And there is talk, there might be rain in the forecast. We just want people to know it's still at 5.30. But we would hold the reception part of it up here in the selectments in this hallway, really, and in the hearing room. And tickets are available through Marie. They're available online through Patsy Kramer or at any of the leader bank branches throughout the town of Arlington. And we are giving a discount to town employees, any volunteer to a committee or board in the town of Arlington. I consider town meeting members to be volunteers, for example. And seniors, it's $30 for the ticket. But we would encourage as many people to participate as possible. If for no other reason, then to come to see Mr. Kuro saying, and Mr. Adam Chapter-Lean do his version of Mac the Knife. Thank you, sir. Well, Carrie and the spelling bee giggled a little far, but we'll go with it. This is Mahana. Believe it or not, a lot of my new business actually got taken care of. So I just have two things. First, where we opened the meeting where the town manager reported on the three incidents, the fire, the spill and the pull. Mr. Burn is also singing that night. I'm sorry. Oh, I don't know. Excuse me. I thought he was lip-syncing. Well, I might be lip-syncing, but that's okay. I'll still be there. There were three guys in the picture. The guy has been to every rehearsal he deserves credit. Sorry. Returning to our regular scheduled new business in Mahana. I just want to, and I'll leave it to the town manager and the department heads and how it proceeds forward, but really proud of all of our employees, DPW, police, fire, emergency, the, I'm blanking on that, not explorers, but the emergency. Emergency management? Management. The stellar job that they did, but I do want to let my colleagues know I've had a conversation with the town manager and with the police chief that when I called up officer Mike Hogan on the fire and he was off duty, along with Captain Flynn's brother who assisted with that. And then again, when officer Hogan was off duty on the spill and said, you know, a lot of heroes in Arlington town employees, he did point out that, you know, he was doing his job, but they were on the day of the oil spill, feeding oil number two, that there were three witnesses, people right there on the street. It was like 100 degree weather. The truck is completely emptying. I have no idea why people kept driving through. So, and the victim, the driver was in very poor condition. And he said, three people stopped knowing that. He said to me, the first time I was a little bit afraid doing my job. You know, we're not afraid running, because he really thought that tanker emptied so much. And I guess the victim just kept saying number two, the oil spill, so everybody would know what it was. But he said for them to stop, and he said they were, you know, really there was a lot of injury. So with that comes a lot of, he was saying, you know, go in here and get a pair of gloves. He did get the name of one individual, an Arlington resident on Water Street. He didn't get the names of the other two, a Belmont town employee and another Arlington resident. So the police chief, his officer Hogan, and the rest of the officers on the scene, were really impressed that these people stopped and stayed versus, you know, that truck could have gone any minute. And people, if you see a truck overturned and oils flowing out, don't drive over it. That makes no sense to me. So he wanted to make sure that those three people, and so Fred, Chief Ryan said he and the town manager would handle that part of it. And then my second piece of new business, which I think I've started to talk to the town manager about, and I don't know if we have an appointee liaison to the Bicycle Advisory Committee. I wasn't able to do this today, but I will. I'm going to call from Rose Khazaza, who's the traffic supervisor down at Hardy School, and she was saying how it's really getting very dangerous down there. She's working with Officer Corey Ratau, because people are just running, because, you know, that traffic, everybody, they want to go through. And then she had been told, and I've asked the town manager, and I'm going to try to call Phil Goff or Christopher Tonklin tomorrow. She was of the understanding that, and a couple other people in town said they heard that this might be happening right at the corner of, I'm going to say it right, Brooks and Lake, that there may be plans to put a bike rack right there. And do you know anything about this? There's no finalized plans, but there are discussions about it. If you could, whoever the decision makers are on that, I mean, if you go down to that corner, I mean, it's cramped enough, and I want to say it has some sort of, I don't know if it's a transformer box or something else. We moved the bike rack closer down to the bike path where we have that little lot. Or somewhere else, just not right on the corner where all the kids queue up in the carriages and the things like that. She said, you know, she spoke to Officer Ratau, who said, you know, I'll let him give his opinion, but he did indicate to her it wasn't him making the decision. He couldn't sell these away. So I have asked the town manager to look into that. And I am going to call... You have a picture of Brooks and Lake. There was a transformer box, which will be beautifully transformed. I would definitely would be. Chris Hawkins is definitely going to be their chair. Okay. I should have called him today, my day got away. But that's it. That's all I've been up to. All right. Mr. Hero. No new business other than to note that also Ms. Fiore, who's still in the audience with us, will also be singing with us this Friday. Maybe. One more plug. I might have a graduation. Oh. In spirit. She's been at all the rehearsals with us. She's been at all the rehearsals. She's a true select tone. Mr. Burr. I have two things and one funny note about what's going to take place on Friday night. So as everyone knows, Adam's singing Mac the Knife. And when I was talking to Adam, I'm like, you know, a little show is my age. I said, you know, I thought you were singing Return of the Mac. Five Mark Morris. Which does show you, Reggie, because I don't know what you're talking about. Other than that, I, Ms. Mahon, Ms. Crollup, Ms. Crollup and I attended a special needs dinner and dance on Friday night. And I saw one of the best renditions of an Elvis dance I've ever seen by Frank. I forget it. I can see him and I can see his girlfriend. Yeah. Reggie. Oh, Reggie. And, but it was absolutely excellent. And also I'd like to thank everyone who came out to the high school on Saturday at 12 30, which was obviously not an ideal to be sitting in a high school cafeteria. But over over 60 people attended the master planning advisor meeting. And it was, you know, a very informed discussion. I think a lot of good came out of it. There was a great lunch provided. And they're having two more this week, the dates. I am slipping my mind. June 5th morning. The third is well in the morning or at night. Maybe tomorrow and the fifth. But one is at Cambridge savings. And the other is at Harvey school. Highly recommend anyone who can attend. Does it was a great discussion. And that is that's it for me. Two items. First up is. We have a meeting scheduled for July 15. And I'd ask the board to move it. I propose July 22nd. When we set the schedule, I had my vacations wrong. Is a, are we okay making that move? I probably will not be here. But the meeting can go on without me. All right. I'll be on vacation. I believe sort of look for the mind. My next item was just to give people a little bit of preview of some of the items we have coming up on our agenda. We've been. You're going to tease me now when I tell you camera. You're going to cancel your vacation when you hear about what we're doing until July 22nd. So June 29th. We're going to do our goal setting meeting. A special Saturday morning meeting. That I'm sorry. June 17th is our upcoming one. And I suspect we're going to be setting in the water rates. And the town manager is going to come forward with a memo. Because you're right. We have a consultant who's been working and so on and so forth. There's some, I've seen it. I've been talking to them. There's some interesting proposals and changes. So that's our, coming up on our agenda for the 17th. Then June 29th is our goal setting meeting. And then this July 22nd meeting, we will be doing a series of takings related to the Mass Ave corridor project, which how many times are we going to have to sign our names? About 130. Are you sure you want to miss it? You're breaking my heart. And the other thing that I said in town meeting, and I think I said it also here, is we have to revisit the parking, the overnight parking fee. I said that we would at least discuss that. And I'm at least thinking about doing that at our next meeting on June 17th. Because I think it fits. So that sounds like fun. It does that though. So you could talk about, we could do water rates and overnight parking on. Miss Freely. So the takings, does that mean we have approval? It's, can we take without doing a project? We still anticipate final project approval by the time the takings will actually be effectuated. Do you have that stamp with all our signatures, Murray? Thank you. Evidently we can't use it on that now. I got to look for my town council. Thank you, Mr. Chair. All right. That was it under new business. All right. So I'd like to take a motion that make all you have. I've got a long-winded motion of it. Pass me the gavel if you're going to make it. I just want to be legal legit. Actually, I can never make it. I move that the board enter executive session to discuss strategy with respect to litigation at number one, holding this discussion in open session would have a detrimental effect on the litigating position of the board. And two, holding this discussion in open session would destroy the confidentiality of certain documents. I further move that the board reconvene in open session at the close of this executive session. In support of this motion, I state the matter to be discussed as the board's response to a communication from the Attorney General's office in connection with an open meeting law complaint filed by Christopher Loretty on or about May 3rd, 2013. This matter is not number two. This matter is not listed in the agenda for tonight's meeting because I could not reasonably have known about it at the time the meeting was posted. The correspondence was received by town council only this afternoon. It is not recommended that we wait until our next meeting June 17th to discuss this correspondence because that is running up against the due date for the board's response. Is there a second? Second. Second. Ms. Krupalka, roll call. Yes. Yes. Yes. Yes. Yes. Yes. We are. Yeah, actually one before. All right, so cable question for you. So we are going to come back into session to make an announcement. Are you going to go back live or are you going to take it down? I think you should say, I think you should put us to hold music or whatever. I think that's appropriate. All right, so thank you. So if you're waiting at home in some time that I anticipate not being too much longer in the future, we'll come back, make a brief announcement and then adjourn. We are in executive session. Thank you, everybody. Welcome back. We are continuing the public session of Monday, June 3rd, 2013. We've just come, I voted to come out of executive session. I recognize Mrs. Mahon. Yes, I'd like to make a motion that the board of selectmen authorizes town council to respond to the attorney general's request. Is there a second? Second. Is there any further discussion? All those in favor, please say aye. Aye. Aye. Aye. All those opposed, none. Five-zero vote. Move to adjourn. I wanted to make one quick comment if I made to the millions watching at home. It is our tradition to go casual for the board of selectmen meetings from June through Labor Day. So in case I was wondering why Mr. Chapter Lane is the only one in the full business uniform looking good tonight. He refuses to be bullied. What can we say? Hey, we have a bullying policy that we have to sign up. That's cool. Move to adjourn. All those in favor? Aye. Aye. We are adjourned.