 Good evening everybody. Welcome to the Board of Selection Meeting for Monday, November 28, 2016. Approximately 7.15 p.m. First item on our agenda for approval, Arlington Public Art Youth Banners. We have some correspondents here. Is there anyone here to speak to this? If you could name an address for the microphone? For the record? Hi, Martina Tanga. I'm my address is 45 Magazine Street in Cambridge. Thank you. If you want to just say something about the project. Yes, please. So this is the second year running that we're planning on doing this project. The first year was this past year and in April and May of 2016 along Mass Ave, we put up some banners. So this is an Arlington Public Art Initiative to engage teens in our community to create artwork that then is digitized and printed and hung up on banners along the street. I have some photos from from last year to show you it was met with enormous success. We had over 90 applicants and we selected 30 designs that we then digitized and hung up on as banners. And it really brought the community together and gave teens an opportunity to have their work on display, which we also then displayed the original artworks in the foyer of the Town Hall. We want to change the format a little bit this year and select about 20 and then install them just in the Town Centre as opposed to having them spread out along Mass Ave in East Arlington Centre in the Heights. And we're thinking of doing them across two different side-by-side banners so that the design they can work around this design concept of having them on both sides of the light posts. But we already have a number of schools that are working on this project through the really dedicated art teachers and we are really excited. So I'm asking for approval for it to be up March, April and May of 2017. Yep. Mr. Grilly. Move approval. Second. If you don't mind, may I ask what happened to the banners from last year? So the company that made them Arlington Flag and Banner has a really neat recycling concept and we've turned them into bike bags that we aim to sell. In those three months, I don't think we have anything that that would conflict with. You did work it out. Okay. On a motion by Mr. Grilly, seconded by Mr. Curell. Any further questions? If not, all those in favor say aye. Aye. All those opposed, unanimous vote. Thank you so much. We look forward to seeing it. Thank you. Agenda item two, Arlington Jazz Festival banners. Is Mr. Fox, our name and address for the record? Sorry. I never assume. Dan Fox, 50 Melvin Road. Thank you. If you want to just give a brief explanation of your Jazz Festival banner request? Yes. So we're going on the sixth year for the Jazz Festival and last year was the first year we had banners, had one banner out and I was a little late in the game getting that done. So I'm planning a lot more in advance now. This is like going to be the festival is four days long in the end of april at a number of different venues around town, the final concert being in town hall and I'd like to make two banners this year and put them up in at the corner of Mass Ave Pleasant if possible. And you said in april of next year? Yeah, so I'm hoping to get them up a couple months in advance of the festival if possible. Okay, I only say that because I think there's going to have to be some coordination because we've uh, Mr. Dunn, sorry. Approval with date coordination to be done by the segment's office. Second. Thanks, Murray. Okay, thank you. The 30 by 60 banners hung from the polls. All right, so with a little bit of coordination on a motion by Mr. Dunn, seconded by Mr. Burn, any further questions? If not, all those in favor say aye. Aye. All those opposed, unanimous vote. Thank you. Good luck to both of you. Thanks for coming in. And next we have Anna Colosso, two sandwich boards for sarcoma foundation of america's Akat Pella festival to belt out cancer. Name and address for the record. Anna Colosso, six Lawrence Lane, Arlington, Massachusetts. And we are here to petition the board. Jen Malatester, Jen Goodwin and I to petition the board for two sandwich boards, which we would like to place on islands. They would be approximately, they would be two feet by three feet. They would be secured tightly to the polls so that in the event of storms, bad weather, which we do tend to have in january, they won't blow over and cause any problems. We have a picture of, um, this is a small version. This is a, um, not the festival, um, the proceeds of which will benefit the sarcoma foundation of america and, um, the capitol has a scholarship on it. This is actually a bad rendering because my printer colors ran out today, but this is what it will look like on the sandwich board. And then these are our promotional posters that will be around town as well. And the two places we were thinking was the intersection of the island at the intersection westbound of massave and pleasant street. And then the mystic, uh, street and chestnut street. There's a little island there. We would attach them to the polls that were, they are not blocking anything. We're asking permission to have them up for a week from january 13th to the 20th. The 20th is the evening of the acapela festival. In the event we sell out, we'll take them right down. So we won't have to worry and we will be sure to take them down the very next day. These will be custom made to fit around the polls. So they will be pretty sturdy. So we are requesting the board's approval for that. Mr. Currow move, move approval with the, uh, good wishes that you do sell out. Second seconded by Mr. Byrne, Mr. Dunn. Yeah, I'm going to be the fly in the ointment on this one. Um, town council, do we have the legal authority to say this? I remember it's been an issue in the past. Sure. Uh, what the, uh, board has the legal authority to do is grant the board's permission to use the, um, public islands as the, uh, body that control of public ways. Uh, what you'll need to do is follow up with the zoning board of appeals to, um, get the permission from a zoning standpoint to display the sandwich board signs. So you can grant approval subject to the further approval of the zoning board of appeals. Okay. Then we will get right on that. Thank you very much. Thank you, Mr. Dunn. Uh, a motion by Mr. Currow, seconded by Mr. Byrne with that clarification by my colleague, Mr. Dunn. Any further questions from my colleagues? If not, all those in favor say aye. Aye. All those opposed, unanimous vote. Thank you so much for doing this. Thank you. Thank you. Thank you, everyone. Sorry, I just have a tickle. Uh, consent agenda. We have three items, the minutes of the meeting, November 14, 2016. We have a request for first lights. Butamore Park at Jefferson Cutter House December 1st and free parking Saturdays for holiday shopping and also for approval cause and event Arlington 2017 5k race May 21st, 2017. Is there anyone here to speak about first lights? I keep saying first nights. Um, okay. Is there anyone here who wants to speak to the cause and event 5k race? Just name an address for the record, please. Um, Julie Vakage, 36 Effing Street. Robin Olinsky, 6B can play Somerville. So we just wanted to update you. We had the second annual race last year. We had great growth. We went from 650 runners to 1,000 runners. We sold out a month in advance and We raised more than twice what we had raised the previous year, $23,000 With more than half of that going to Arlington nonprofits. Um, so we want to do the race again this year So after speaking with the Arlington police department, we have come up with a few requests for the 2017 running of the race based on their suggestions For better traffic flow and safety for the runners and the spectators so, um The first one of those requests is to restrict parking on mass av the morning of the race from 5 a.m To 9 a.m on the westbound side from mill street to lulz street In doing so we would provide the barricades And we'll allow the runners in the outbound direction of the race To run in the parking lane in addition to the sidewalk so that they don't spill out into the road Arlington police department said that they would provide the sign inch for that And then the second request is to close the minuteman path from bow street to mill street from 8 a.m to 9 a.m Where we turn onto the path got a little congested last year And this would sort of divert anybody who's not participating in the race from being on that section as the bulk of the runners are coming through Um, so those are our two requests for this year Otherwise the police signed off on the plan We're using their route again all of the other details of the race will remain the same But they are just in the interest of safety and making sure that everything goes smoothly Asked us to make those requests to you Okay, um first. Oh, mr. Grayley move approval We'll approve of three items for consent agenda seconded by mr. Carroll. Um any questions mr. Grayley I wonder whether mr. Byrne could represent the board and make it a thousand and one runners this year We'll see what we can do I could drive the 5k I don't know if I want to see your cars going down the bike path Okay, hi Kevin Mr. Dunn no, no, that's wrong Um I'm I guess two things one is I don't think we have the power to close the bike path. I think it's the town manager Second, I'm not sure I'd ask the town manager to close the bike path. I'm a little concerned about that one Yeah, if I may I thank you madam chair. Yeah, I don't particularly Love that recommendation of closing the bike path just for fear of having Bicyclists get to that point in the path and have nowhere to go to get to their destination If the board was so inclined I would suggest if They would consider approving it but giving me an opportunity to work with the police department And the organizers a little bit further to make a final decision on that piece. That was my motion madam chair On a motion by mr. Grayley second about oh mr. Byrne. I'm sorry This is actually not about the race but with The parking spaces and uh removing or making them free for those days. I'm happy to do it under this case I think it will definitely help the businesses. I do think with the meters In and functioning that you know, we will have to look further into requests I know that we've been pretty lenient with those in the past I'm definitely going to support this and I think this is a great cause But I think we're going to have to consider the strategy around these requests moving forward Mr. Don I totally agree with you, Steve I will say that then One of the things I'm thinking about is that parking study which said those hours There's no one parking there anyway, so it doesn't matter too. Yeah Thank you. Thank you Any further questions on a motion by mr. Grayley seconded by mr. Carol for a consent agenda of not Item on the agenda. We're talking about now. Yeah, if not, all we're talking about sorry If not all those in favor say aye. All those opposed unanimous vote. Thank you so much. Good luck So yields Contact mr. Chapter lane at the town manages Thank you. Thank you. Did you have anything else, mr. Chapter? Yeah, I'm sorry in regards to mr. Burns I thought you were speaking about the race too To be clear the chamber's request is just for the lots not not for the street. Oh street spaces. Excellent Sorry about that Next under appointments Gen item seven islanding commission on arts and culture Is it marja varia a maga varia If you want to just come to the microphone say your name and address for the record even though I have half of it Hi, it's margarita varia at 37 Henderson street Okay, and you are here to be appointed to the islanding commission on arts and culture Do you want to just give a brief what your interest is how you found this group how they found you? sure so I have a background a professional and personal background in the arts I've worked in a film for 20 years now a screenwriter producer and now impact producer for documentary films I've also have a very long history personal history of interesting the arts through my family Who have always been involved with artists painters sculptors and all kind of things I grew up with that love and interest for the arts in my Time in Arlington for the past seven or eight seven years. I think no I lost the account I've naturally been involved in Meeting people working on this area in Arlington I two years ago I started managing the Arlington alive summer arts block party through a dead And that got me even further involved and allowed me to met more people in Arlington who work in this area. So I'm very excited to see Arlington being a place where the arts are welcome. I want to see more of that I think is for the better of Everyone I have little kids. I want them to live in that environment. So I ultimately Knew most of the members of the commission through different options. I'm also a judge at the Arlington international film festival so That's another branch. How I met one of those people and So they they mentioned that they might have some openings. I thought about it And I just I'd like to help, you know with whatever knowledge and time I have to Make the arts a little better in town. Thank you so much I'm happy to move approval. I I think it's an exciting time for this commission And I'm sure they're better off with you on it. So thank you. Thank you Move to approve by mr. Burns seconded by mr. Kuro And this is another this is a situation where I know marga from her work with ated But as so often happens with these appointments when we get to see People's full resumes and we think we know them. We didn't know them. I never realized that the depth of And and length of experience that you have in this area. So I know that you'll be a great addition to the commission Thank you. Thank you. Mr. Greeley. Yeah, thank you for your willingness to serve And an audience engagement strategist It's how to draw a crowd It's just a new trend. It's a new thing it's very big in documentary films right now and It's it's new but very exciting way to really Bring these documentaries to a wider audience and to really Measure their impact as why it's called Impact strategist. Thank you very much Thank you on a motion by mr. Burns seconded by mr. Kuro any further questions if not all those in favor say I Thank you so much. Thank you. Thank you Next another appointment to the board of library trustees lowest row slowest here My colleagues pleasure Move we table Move by mr. Greeley the table seconded by Mr. Dunn all those in favor say I I all those opposed your name Through you madam. Did we hear from her? Maybe she that didn't know how expeditious we're going to be and we'll show up. Yeah, maybe she anyone sees they might know her Next we'll go to licenses and permit Request wine and malt license jr foods llc doing business as commune kitchen 203a and b Broadway Richard nid Zuecky and Justin Demers co-owners either those gentlemen here or their representative if you could just microphone Name an address for the record, please Who wants to go first? So i'm Richard nid Zuecky One of the owners of commune kitchen Justin Demers and the other owner Okay, and this is Or mr. Dunn So you're going to see you're seeking to serve wine and beer. Is that right? Right? What's your briefly serving experience like as if you run a restaurant or served or Um Excuse me served wine or uh before I've been a chef in restaurants for about 10 years now And I certainly haven't been on the serving end of it, but I've been in the world and have Been a big part of the hospitality industry in that sense Um, so I think uh, we'll have a very limited menu. Um, it's definitely not a bar by any means Just something to uh pair with our smaller food menu as well. Okay Uh, then you'll get you're about to get the speech that everyone up here has heard many times But you haven't or unless you watch our You know, you watch us on tv. So Arlington does um Conducts operations to make sure that restaurants are following the underage drinking laws Every year I mean every new restaurant passes just fine They even pass just fine in their second year What happens is when we have a small most often not every time but most often you have a small restaurant Who their first staff begins to change over and they hire somebody new and they forget to train that person Then that person serves someone underage So the best solution that I know of to that is for you to have a training program And to make sure that everyone you hire goes through that training program and have a like a written version of it And not let someone actually work on the floor until you actually have done that training problem Because the way it'll go down will be you'll have someone quit. You'll be shorthanded You'll be crazy. You'll get someone to start they can start really soon You get them out there, and then they serve and then you're gonna lose your license. Totally. Okay. Thank you. Welcome to Arlington Was that a motion Move approval subject to conditions second I'm moved by mr. Dunn seconded by uh, mr. Burn And mr. Grayley Just curious There's no menu here. What I know you say a limited menu Yeah, so we do all everything is totally artisan by hand our experience in the last Four or five years has been in Artisan bread making And european sourdough is and stuff like that. So we make all of our own pizza dough by hand And a small menu of pizzas that are specialty We also make all our own sourdough and do open-face sandwiches and Pastries and goodies like that, but very small cafe bistro kind of even a small like bakery department When do you hope to open by? Oh, we're already open. We just don't have a The beer and wine. Exactly. Yeah, well, I have been there, but obviously I will get there. Thank you for choosing Arlington. Good work Thank you. Thank you And just to piggyback on what my colleague mr. Dunn said We in no way can tell you how to Oversee alcohol and training and things like that But just as a suggestion, you know, sometimes we get in the packet not that it's a requirement But sometimes people attach their training program alcohol training program whether servers bartenders manager will be tip certified One of the things that I really Kind of stand by my favorites in the restaurant business. I'm a court reporter So from both hats and also thinking in terms of liability things that I've seen work with all restaurants, you know, all the way from You know, really small mom and pop to a chili's or the national chain is if your manager if he or she has some sort of annual or bi-annual Review, you know right at the beginning of each shift five ten minutes sit down and have the employee sign And I'm not saying you have to do that. I'm just saying where it has worked best. I have seen that so Yeah, sure. Well Sorry, we did draft something that we would give to employees Um about checking IDs and over serving stuff like that and I did the tip certification training I haven't served in restaurants or but I did working stores where we sold alcohol so checking IDs and stuff like that and You know making sure they're not Fake A lot of it lies with your manager because exactly what mr. Dunn said I would say 90 of you know when restaurants appear before us It's pretty much verbatim case in point the scenario he out Layed out before you so with that an emotion by mr. Dunn seconded by mr. Burn any further questions? If not all those in favor say aye. All those opposed unanimous vote. We're really very friendly. I hope you Have a good night Excuse me next we have agenda item 10 request all alcohol Licensed change of stock holder and change of manager y plus y ink doing business's fusion taste 308 Broadway Attorney way gia Tell me how I should have said that attorney very close Good evening. Uh wage as my name might with office in boston and Representing y plus y ink We have two amendment applications before the board this evening. One is a change Uh amendment application for transfer of a stock Basically, uh, mr. Years cousin is departing shareholder transfer He's a 20% that have been from the corporation To mr. Year jason year. So he's now a 65 percent shareholder of the corporation and then Shoji shoji is going to be a new manager as a second amendment application change of manager And change in the u.s. Citizen and she has been working for y plus y fusion taste For about 10 years since 2006 As a bartender Which is put with the past 10 years. So we're here to request to approve of these two amendment applications Approval burned seconded by mr. Curell Mr Sure done. How's your training program? Uh, how's your training program doing the training program We're treating about a like the bar To the uh, phone up with the witches and Now how to sell the how to service the about a Hall or the 21 years or the people coming the customer coming To my knowledge that the two bartenders Show and the other girls been there working for many years. So, you know, they are very experienced Okay Thank you. Thank you Okay, uh, the motion by mr. Burns seconded by mr. Curell for the change of stockholder and change of manager Um on any further questions. If not, all those in favor say aye. I Oppose unanimous vote. Thank you attorney. Thank you. Thank you Citizens open forum, did we have anyone signed in? Okay, then I'll read okay citizens open forum except in unusual circumstances any matter presented for consideration of the board Shall neither be acted upon nor decision made the night of the presentation in accordance with the policy under which the open forum was established It should be noticed noticed It should be noted that there is a three-minute time limit to present a concern or request name and address for the record, please Hi, um, hopefully uh, this this will take less than three minutes I'm a parishioner of st. John's church in arlington And 74 boys and street and in the new year in february We expect to Have the first visit of our diocesan bishop Allen gates to come To visit us and my purpose here tonight Is not only to thank you For all the wonderful work that the selectman do because today happens to be my 67th birthday So, um, but to see if the if the selectman still issue Uh, if they proclaim certain days uh in honor of uh visiting dignitaries Um, because his visit is scheduled for february and I figured well I might as well go down to the board of selectmen and see what they say if their policy has changed or I need to start paperwork or whatever Hope that didn't take three minutes. You share a birthday with our chair You share your birthday with our chair. Oh Very good. It's also her birthday So I think mr. Burn baked a pie in the back Mr. Greeley, so uh, this is a big deal It's a it's a big deal for us. Um, we've uh been a congregation in arlington for 140 years and uh, We um move from where's now the friends of the drama to our present uh present location and we have our first, um A priest in charge who comes to us with uh many years of experience. So we're hoping As time goes on uh to grow Our early services started to uh To grow and we're getting back into the town. We hope to uh We're on the shortlist with a food pantry to to provide them to be one of the persons places where they might provide temporary Location until they their, um location finalizes So we wouldn't expect to know a whole big turnout of dignitaries or anything like that But I was just thinking well, we might be able to give a pleasant surprise and a photo op for everybody Well, uh, what we do is we we write proclamations and they're all done in the old english whereas whereas and now therefore And uh, you know, I certainly believe that's something we could put together for you Uh, what we need you to do is the young woman closest to you. Okay, who's younger than you Okay, say 67 But marie, uh, so, you know, i don't but i'm willing to help you with that or i don't want to Okay, take over for the board. We could come and read it that day. You tell us Okay, or just give you the proclamation a hand to this dignitary whatever you'd like would be okay More than glad and thank you for giving us so much advance notice Okay, thank you very much. Just contact mrs. Kruppelka in the select man's office. Okay, and we can help coordinate that. Um I don't believe there's anyone else here for citizens open forum. I believe maybe mr. Burn might have seen miss row Come in Okay, um, mr. Greeley, could you move to take your uh, yes, I move that we take The appointment to the board of library trustees off the table Move by mr. Greeley seconded by mr. Dunn all those in favor say aye. All those opposed We now have before us agenda item eight board of library trustees If you could just come to the microphone name and address for the record Hi, lois row How are you we we're moving along that the only reason we tabled it is we wanted to hold it to you Absolutely, and I apologize for for being late If you wanted to sort of give us a brief Some you know description of who you are what your interest is what brought you to the board of library trustees Did they bring you to the board? Sure, uh, sure. So, uh My family my two, uh children are under the age of four and my husband and I are heavy users of our libraries And very proud residents of Arlington Um, so I have become interested in in serving as a board member as a way to give back To the community they that I care for and I'm deeply committed to So I think I I want to serve um to support the libraries and also to advocate for the libraries Um, so that will continue to be an invaluable resource for our uh residents and also for the community And particularly for the newcomers to our our town and and to the local community here Um as someone who personally in my childhood has benefited Um abundantly from the local system or from the local library to be connected to The rest of the community. Uh, it's a critical resource for that particular purpose. I think and so that's something that I also, uh will be Uh, uh, that's a cause that I would be supporting as well through our local Library system. So really excited to be a part of this, uh, uh, this board I'm happy to move approval Seconded by mr. Currow Any further discussion if not on a motion by mr. Burns seconded by mr. Currow all those in favor say I As opposed unanimous vote. Thank you so much. Thank you for your willingness to serve And thank you for getting out of Lehman brothers early Sorry Lehman brothers as part of her background What was that signal like, you know, um, if I could with my colleagues, um Approval I'd like to uh, take something that I think maybe A few people are here for um agenda item 12 An update from our town council attorney heim status of the mu ghar 40 b. Um application Uh, attorney heim or attorney mr. Shafferlain. No, it's really Thank you, madam chair. Um at the outset I want to emphasize that there's no action for the board to take tonight And I also know that many folks are very interested in all the developments within this Lengthy process, which is why this is on the agenda in short As the board will recall The zoning board of appeals voted uh to assert that the town had achieved safe harbor status under the general laws and the regulations pertinent to chapter 40 b That the town was had one and a half percent of its developable land Reserved for affordable did restricted affordable housing The developers appealed that Vote by the zba essentially saying that the town Did not have sufficient grounds. They disagreed with our methodology and our ultimate and uh calculation, uh and Uh Appeal that to the department of housing and community development They assert that we're somewhere in the 1.3 to 1.4 Uh range So it gives you an idea of how close this is Unfortunately, uh, the department of housing and community development on november 17th Agreed with the developers essentially Asserting that they don't believe what we're in safe harbor status that we're at one and a half percent and The what's now before the zba tomorrow night is a decision as to whether to further appeal this Typically speaking i've consulted with our special counsel and attorney witton as well as a number of other town staff typically speaking The dhcd process is essentially just two submissions our submission of the basis of why we think we're at one and a half percent The appellants Assertions as to why they think we're not The housing appeals committee is the next stage of essentially litigating this issue And that's a much more involved process It's a denover review Which means that we sort of start all over again in terms of asserting the basis that we think we're at one and a half percent there is More forms of evidence that are acceptable in that format including uh testimony. It's a much more formal and robust process so, uh Nothing in the decision from dhcd is surprising With perhaps the exception of the assertion that they didn't think that we had provided enough evidence Neither myself or attorney witton are really sure of what kind of evidence they're talking about And don't find this blanket assertion that we haven't provided enough evidence consistent with the regulations that they've adopted Nonetheless, um, it's ultimately up to the zba To decide whether or not they will continue to assert the one and a half percent safe arbor status And whether or not we will appeal and essentially litigate this issue further in more depth before the housing appeals committee Uh, we haven't had a lot of time. They only have until december 6 to assert this. Unfortunately, uh, dhcd Only let us know on i believe thursday or friday Right before the week of thanksgiving So we've had a limited amount of time and i'm grateful that the zba has scrambled to essentially Find some time To have this Basically vote. I mean this is i believe the major substance of their agenda tomorrow There may be some other things going on But i wanted to keep the board apprised answer any questions that you have let folks know that We're as far as the town is concerned Continuing to believe that our posture while aggressive is in good faith And should continue to be asserted and is in keeping with what we've heard from This board and from a lot of residents of arlington I don't know if the town manager has anything to add But again, this is up to the zba. They must do it in an open meeting consistent with the open meeting While they're a body So, uh, either myself or attorney witton will be present tomorrow to Answer any questions that they have but i think our submissions as well as the decision from dhcd speaks for themselves And we're hopeful that it'll be a relatively quick hearing for them to make a decision Mr. Joplin, I couldn't have said it better myself And um, all of us have had conversations With the town manager and attorney heim and Um Basic modus operandi is um, we do have a town manager and two learned counsel that are guiding us through this process Um, but ultimately, um, i'm looking to the town manager any expertise, um You need to sort of uh Continue on with the town strategy adjust accordingly. Um, I have had conversations along with my colleagues for me the two glaring Um discrepancies that I read from dchd and we've discussed this probably too much but the water body calculation Going by how they said we did it the way we did it according to state law and I'm sort of reading from that. They're saying well, you didn't do it, right? So I that that's but If zba chooses to file the appeal, I believe at the next step will have an avenue to um Explore that and and find out exactly My reading is state law dictates, you know, how you submit something to dchd and they said no, you didn't do it, right? You did it wrong, but We can't get the details on that and what they said we did wrong when I think we did it according to state law Now it could be the state law is confusing and a bit ambivalent But that's a story for another day and then the other thing that really Left me scratching my head and kind of frustrated Along with other issues that my colleagues and I have is the Sort of contradiction on the calculations for Developmentally disabled To me we're really kind of hamstrung whether it's in terms of HIPAA state law or anything else It's it's sort of we needed to submit information to dchd so they could further verify But under HIPAA and other laws In order for us to get that information the state agencies entities that could give it to us say they can't So that's something that if zba Attorney hymn am I encapsulating that wrong if I if I may add a little bit of commentary if if the board will allow me I know that we're trying to proceed very efficiently tonight, but I do want to mention something about both the points that you've raised, which is that these are not mistakes There's no it may be characterized that way by some folks, but these are not mistakes. These are tensions in terms of how to read the regulations and harmony with the statute And what the town is essentially allowed to assert in terms of arguments about its status in supporting sufficient amount of affordable housing To allow us to retain a timey about how we go about processing 40 b applications This is not about denying a 40 b application. It is about retaining the ability for the zba's decision Whether it's to grant an application Deny an application or to place conditions on an application for them to be the final word The safe harbor status essentially means that they can't appeal their ultimate substantive decision on the permit to the hac Now some of the tensions that are at work here the tensions over how to account for town municipal water bodies tensions over how to account for Essentially dmh housing Um Our tensions that are not unique to arlington and have been litigated and these issues have not yet been resolved So these are not mistakes in terms of the way that we're conducting calculations. These are uh legal strategies Some people can call them aggressive or not aggressive But the point is we feel like these are good faith ways that we're trying to capture the reality of What the situation is in arlington with respect to development and how much we have supported and dedicated ourselves to affordable housing here in arlington the As I said, the only thing that was unexpected Was the assertion that we hadn't provided enough evidence. I don't quite understand that argument. We've provided The evidence that we would think would be standard in any one of these situations Obviously attorney witton has litigated many many of these issues before dhcd and the housing appeals committee I think he was surprised to have that argument be part of this the other issues were perhaps more anticipated okay, so I think this is an update sort of a Beginning timeline in terms of but everything is contingent upon zoning border of appeal zba meeting tomorrow night So we're right now sort of in limbo in terms of how we proceed forward Although I know the town manager and learner council have strategies for whatever path that is I don't know if any of my colleagues have any questions Okay, if not I'm sorry, mr. Bond. No, I I don't have a question. I do have a comment I'm definitely disheartened by the dhcd's Insight that there's a lack of information just you know based on the application that oak tree filed was full as you know, I guess full of missing or It was lacking so much information that It's really Disheartening to hear that that's what they're claiming for you know the work that we've done Um, I you know is there you know anything that we can do to you know help the zba at this point To you know give them any guidance they might need or you know any support that you can think of in my opinion The board has been clear that it supports the zba Having whatever resources it needs to make to exercise its independent judgment that essentially these are decisions that the zba has been tasked to make And that this board Wants the zba to avail itself of any and all resources that it needs and part of that is this the special Specialized legal knowledge of attorney winton At this stage of the game, but just to be clear if the zba chooses to further pursue the safe harbor status The application itself will continue to be substantively stayed while that matter is Pending if they decide not to appeal then they would begin the process of actually hearing the substance of the application And start examining the issues that this board has talked about previously with respect to making sure that we do the expert independent analysis To verify their claims with respect to engineering or wetlands resources areas or any other matter traffic studies things like that But so if the zba votes to continue the appeals process Those matters will continue to be on hold if they decide not to appeal then we will start the substantive Examination of the 40 b application Thank you, and i'm definitely very grateful for the zba members in their efforts I know it's definitely not an easy time to Be a member of the zba and they're working quite hard and that's great for all of us in our Thank you. Thank you attorney haim. Okay, we will now go to Agenda item 11 under traffic rules and orders decision With respect to ollington liquors liquorers attorney haim Yeah, briefly. I I so I received a little bit of feedback on this I I am I I note that I Forgot to plug in the police report number. I apologize about that. I'll make sure that that's And that I got some feedback about whether an individual feedback about whether or not the suspension was For five days or more or it was five days In terms of having a decision that would meet the bounds of sort of clarity I just would say that any decision that involves a sort of suspended sentence or a sentence held in a Punishment held in abeyance It's got to be for a defined period That does not mean and I can make this clearer in the decision that there would not be additional penalty On top of that based on whatever new violation there was And one thing that the board obviously takes into account In deciding what the punishment will be for a violation is have there been any past violations? So Again, what i'm trying to reflect there and if it's not clear, I will certainly make any edits the board would like Is that my understanding is that There's a one-year probationary period if there's another violation They automatically have a five-day suspension Along with whatever further Suspension would be merited by the second violation Also, again keeping in mind that there would have just been a violation previously So that's what I was trying to capture if the board has any further comments or edits Of course, I will make them if I wasn't clear on that. I apologize Mr. Dunn, uh, I move approval with addition of the edit of the police report number second On motion by mr. Dunn seconded by mr. Byrne just one question and I don't want to Throw this a skewer or anything like that. But is it inherently implied? That during the probationary period if there is a violation and at the very minimal would be this five-day suspension similar to when we have Um Meeted out this punishment penalty before it sort of has language or maybe it's inherently applied that that five-day suspension would commence Commensure it with the Night or day of the actual offense, which in this case being friday. Do you know what I'm saying? Yeah, I thought uh, madam chair I thought I had inserted that in there, but if it's not clear I will double check and make sure that that is reflected in there. It's there. It is we're under the section labeled order Because I certainly understand that that is towards the board. Okay. I looked at the beginning where it just said the violation Okay, that's fine. Then um, and and the motion by mr. Dunn Seconded by mr. Byrne. Is that correct? Yes Any further questions from my colleagues? If not all those in favor say I I as opposed unanimous vote Thank you so much agenda. Just uh, just uh to Thank you. You know, this was on my motion And again an excellent excellent job. Thank you very much. Thank you, mr gritty Uh for approval referral to transportation advisory committee tack local speed limits and local speed safety zones Our town manager mr. Chapter lane. Thank you, madam chair So this is really just follow up on the board's Vote to refer these matters to town meeting town meeting voted affirmatively on both of these on october 19th Uh, and I believe I had said to the board and then I uh, also said the town meeting on october 19th that I would then If uh, if they passed suggested the board for these to tack For consideration Um, I think they they are to be considered. Um, you know, probably at least somewhat, um Together but separately, uh, and I also think that there's the possibility That the local speed limit the statutory speed limit could be a more broad recommended change as opposed to a process for considering street by street Uh changes. I think we've seen both boston and summerville change their city wide speed limits to 25 miles per hour Since this um went into effect Uh, so with that said, um, I would uh, very much like for the board to consider Uh, referring both of these matters to tack for their consideration. So moved by mr. Burns seconded by Mr. Kiro, uh, any further questions comments if not on a motion by mr. Burns seconded by mr. Kiro All those in favor say aye aye all those opposed unanimous vote The much awaited Anticipative discussion for the future board of selectmen meetings. This is where everyone gets out there iPhone smartphone How far have we scheduled just to summer? Yes, correct So we Have january We could do Mrs. Kruppalka, how do you feel about Since the war and closes on Friday the 27th it is monday the 30th sort of tight for you or does it not matter either way? So i'll hear from my colleagues. I'm just assuming it would be nine and 23 or nine and 30 Does everyone agree on nine? Yeah, okay. Um, what say you on 23 or 30? Does anyone have a Which which one is uh That's the seven 16 16 16 is montanluther king So it would be nine and 23 or nine and 30. Does anyone have a conflict or preference? No problem I lightly prefer the 23rd, but it's not a big deal Does nine and 23 work for the rest of the board? Yes. Okay, so january night january 23rd 2017 We now go to February We're in february. Okay. Um, I would put out either six and 27 or 13 and 27 Um, it's first of all monday the 6th in february Does anyone have a conflict or a previously scheduled engagement? That works for me. Okay, so definitely february 6th and then our second meeting could be um, how does it 27th look? Unless somebody guide me for some reason I should look at a different date, but I just figured stack in a week after week Yeah, 27 so february 6th and february 27th Go into march, I guess I just put before us Mrs. Kruppalka, how do you feel about the last monday in march? Is that conflict with you in any way? And do we know local election, um, it's gonna be able to it's gonna be april okay for one so how about 13 and 27 First of all, how about the 13th? Does that work for everybody in march? My family is due to expand that last week of march So whenever the date is I may not be able to be there. Will you sky? Wait, wait, wait, wait a birth of a child is more important than the meeting with the select I'll be here forget I said Yeah, I only say the 13th because we're meeting february 27th, so can we do yeah, I think so 13th and then The 27th of march With the caveat that if for some reason the warren articles are so voluminous We do have the leeway of we have monday the 20th and or if we have to meet on an alternate night And I think we should stop there We should schedule just all the organizational meeting in april So the uh monday the 3rd april 3rd And that will be first agenda item organizational meeting And then we'll stop there Oh my goodness you all are so efficient and I lost my agenda I'll go back to the paper form. Okay, so with that new business. This is a corrupt mrs. Cropelka I just wanted to remind you all that you have your invitation for the fight apartment holiday party It's coming friday night Seven seven to eleven That's it journey high Just a reminder that warrant season is quickly approaching. I've already had one or two People Provide the courtesy to the town of consulting with me about potential warrant articles that they like to file and that's much appreciated Because it helps the process go much smoother if there's an article that's outside the scope of the town's powers I promise i'll try to let you know So that you're not wasting your time and that we can you know all proceed efficiently. Thank you. Thank you I'm mr. Towne manager. Yeah a few few quick ones Found out today that the league of cyclists has awarded Arlington as a bike friendly community at the bronze level. I think we've been awarded that in the past So I was happy to see that and you know and also know that we're continuing to keep getting better So hopefully we'll see that in proven years to come Wanted to mention that the week before thanksgiving Was out at the mass managers conference in amherst And the whole organization had the luxury of having our esteemed town council dug high Moderate a panel on the public records law and he was very well received by those in attendance And that was on the thursday and on the friday morning sandy pooler the deputy town manager gave a presentation on putting together the gfo a Distinguished budget service award budget document, which is also very well received. So prongton was very Well represented and I was very very proud to sit there and watch watch them do it not have to do it myself And then finally just I want to say thank you to the dpw for the great work they've done Making the heights the center and the east I think look great for this Upcoming holiday season. They've done a great job And I specifically do want to point out that In the east some of the garland the lit garlands weren't working when they were plugged in So mike rada macher himself after dark went down with a step ladder and individually Hit the the breaker switch on each of the little plugs and got the He needed a ladder. Yeah, I know So the whole the whole dpw team put it together and I want to just say thank you to them for Making that happen. That's all I have. Mr. Grayling Well, first I want to wish you a very happy birthday, madam chair Thank you, mr. Thank you. It must be a time for birthdays in arlington because The longest serving member of town meeting turned 90 on the 22nd And with the board's permission, I'd like to invite elsey fiori to our december 12th meeting Where I would like to read a proclamation Celebrating her many years of service here to the town if that's okay with the rest of the board It certainly is thank you madam chair. Shall we bring some wood and bark? Yeah, I know Well, how about she was a tap dancer for the uso in the second world war She entertained troops dancing It's amazing her history, but I'm putting together a proclamation. It'll be the first three page proclamation No, I won't I'm kidding Thank you, madam chair. Mr. Barn. No new business. Thank you. Mr. Carroll Just one thing. I just noticed on our desks here. We have A request for assistance from a couple of the officers of the arlington cultural if I could on that That is something we definitely have gotten correspondence on and Correct me if I'm wrong Have begun speaking with mr. Chapter lane and we'll probably report back at the next meeting Is that the way you wanted to or I just noticed that the top one said please take no action But the the rest of them I like to sort it out just because this is an issue that a Kind of a veritable if it if it's appropriate and you don't mind if I could ask Colleague mr. Cureau to speak with mr. Chapter lane and or mrs. Kruppelka tomorrow and perhaps with attorney heim Indicate to the board what our next step should be In terms of agenda item or exactly I can read what the request is, but if you could come up with an action plan or plan for recommendation. Is that okay? Absolutely, okay, but I agree with you on that Is that okay? I didn't mean to cut you off. It's just I kind of had a previous comment. Absolutely. That's I just want to make sure that we respond somehow That's it for new business. I I believe so Yeah You're going to handle the appointment. Yes. Mr. Dunn Nothing, okay. I only have 17. No Actually, I have just first I want to um I had the board polled on on several Board liaison positions as well as as a result of this some may also Become vacant And or if there's anyone who's sitting on a committee on my apologies I probably should have done this sooner in my tenure But I was assuming sort of with you know, cdvg and all the other committees if it ain't broke don't fix it but first I'd just like to announce two Selectment liaison positions And then here from any of my colleagues If as a result of that another position on another committee may remain open And and that's for any board member to say that and then lastly if If not tonight if you know During the course of the next two weeks somebody feels that um, there's a committee they're on and they've they've done everything They can do and they'd like to go to something else. Let me know But I'm not suggesting anyone should which is why I didn't do this right at the very very beginning when I was chair first I would like to Um, announce that mr. Greeley will be the board of selectmen liaison to the town day committee I am going to do my best to join mr. Greeley Thursday, what time is the meeting this is 12 o'clock here at town hall So mr. Greeley will you accept that? This meeting Thursday is to kind of review this past town day if any of our colleagues have Anything you'd like to say about this past town day or ideas for next year, please let us Direct that to mr. Greeley Second we had a request for a council on aging appointment And there was interest by Several of my colleagues, but I've asked mr. Kirow if he would step into and Fulfill that request and the council on aging mr. Greeley appointed out to me that You have already been working On various efforts through the senior center and council on aging So this sort of seemed like a natural I don't want to say marriage, but If you could if you could accept that I'd be happy to accept that I I would cover requests that to be to rotate At least one of my other responsibilities out though I feel you know the one that has taken the most attention has has been ATED and I'm not sure that I could give the the proper attention that's needed to the coa liaison appointment Saying with that if there is another colleague who is you know willing to Take on that liaison spot Okay, so we would now have the ATED position open unless somebody here tonight Is indicated well, I'm willing but I think mr. Dunn is also are you also interested? I'm definitely willing I wonder it would be a point both of us because I know I can't make all of the meetings and whether we I could either stay in touch and trade off in terms of so hopefully we could eat Definitely because that that committee is doing a lot of work. It has you know many meetings up to april if you can That's all right because I think that's better especially for that position is that so I think there is one meeting This one is there which I have a few things to wrap up with and it's probably appropriate for me to go At that point let them know that there's a transition But in terms of representing the board of selectmen with allington's tourism and economic development ated Mr's Dunning grilly, um Any comments to that? Yes, that's fine with me. Fine with me. Okay, and then anything else right now I'm going to leave all the other committee appointments as they are if anybody Decides they Want to move on to something else, but please don't But if you do let mrs. Kruppelka know with that. I'll entertain a motion to adjourn by Mr. Burns seconded by Mr. Cure all those in favor say aye. I although suppose we are adjourned