 Good evening. I'm calling to order the meeting of the Allenton Select Board from Monday, December 6, 2021. This is Select Board Chair Steve DeCorsi. Permit me to confirm that all members and persons anticipated on the agenda are present and can hear me. Members, when I call your name, please respond in the affirmative. Diane Mahan. Yes, thank you. John Hurd. Yes. Len Diggins. Yes. Eric Helman. Yes. Okay, thank you. Staff, when I call your name, please respond in the affirmative. Sandy Pooler. Yes. Doug Heim. Yes, thank you. And Board Administrator Ashley Maher is participating remotely. Tonight's meeting of the Allenton Select Board is being conducted remotely consistent with an act signed into law on June 16, 2021, that extends certain COVID-19 measures adopted during the state of emergency. The act includes an extension until April 1, 2022 of the remote meeting provisions of Governor Baker's March 12, 2020 executive order, suspending certain provisions of the open meeting law. The governor's order, which is referenced with agenda materials on the town's website for this meeting, allows public bodies to meet entirely remotely so long as reasonable public access is afforded so that the public can follow along with the deliberations of the meeting. Before we begin, permit me to offer a few notes. First, this meeting is being conducted via Zoom, is being recorded and is also being simultaneously broadcast on ACMI. Persons wishing to join the meeting by Zoom may find information on how to do so on the town's website. Persons participating by Zoom are reminded that they may be visible to others and that if you wish to participate, you are asked to provide your full name in the interest of developing a record of the meeting. All participants are advised that people may be listening who do not provide comment, and those persons are not required to identify themselves. Both Zoom participants and persons watching on ACMI can follow the posted agenda materials also found on the town's website using the Novus agenda platform. Finally, each vote tonight will be taken by roll call. We have six items and an executive session on our agenda. Let's see how much of the town's business we can get done tonight. Before I turn to the consent agenda, I just want to note that our town manager, Adam Chaplain, is not with us tonight. He is participating with the Minuteman School Committee. He's actually on the new superintendent search committee. They have several interviews. One of them was scheduled for tonight and in the interest of continuity and for him being able to participate in the deliberations on recommendations to the whole Minuteman School Committee. He is attending that meeting tonight. We're happy to have our deputy town manager, Sandy Puller with us this evening. So I now, now we'll turn to items two and three. They are on the consent agenda item two minutes of meeting November 22 2021 and November 29 2021. Item three is a vote for chapter 268A section 20B3 certification for David Jera. And I will turn to the board on the consent agenda items and start with Mrs. Mahan. Thank you, Mr. Chair. I'd like to move approval. Thank you. Mr. Hurd. Second. Mr. Diggins. I would like to say like as last year, I hope Mr. Jera does not need all five hours. Mr. Helman. I'll second Mr. Diggins sentiments. Thank you. And I have no comments on a motion by Mrs. Mahan seconded by Mr. Hurd attorney. Yes. Mr. Diggins. Yes. Mr. Helman. Yes. Mrs. Mahan. Yes, thank you. Mr. Diggins. Thank you, Mr. Diggins. Yes, my pleasure. Thank you. Thank you. Thank you. This is unanimous vote. Okay. Second item tonight is open forum. And I know that last month we got to open forum at about 10 30. Tonight we're doing a lot better. Except in unusual circumstances any matter presented for consideration of the board. Shall neither be acted upon, nor a decision made the night of the presentation. In accordance with the policy under which the open forum was concern or request. We are at the beginning of the meeting. I don't know if there's any hands that have been raised, Mr. Puller for open forum. There's one hand raised John Leone. Okay. I will allow him in. Mr. Leone, you should be in this meeting by now. Hey, good evening, Mr. Leone evening. If you hear me, give me a thumbs up or something. Yep. All right. I'm here to see me. I know you have received my correspondence. I'm the correspondence received. Usually one doesn't get to speak. So I'm kind of going around the rules a little bit and speaking on behalf of the building owner, Richard Mega-Ditchin of 635 Mass Ave. Richard wants me to let the board know that he's owned that building for 40 years and paying taxes to the town of Arlington. Currently, his tax bill is $39,300 per year. Richard maintains that building, maintains the sidewalks around it, shovels the sidewalk. Where the bike, blue bike rack has been moved to is I wish you will take a very hard look at the photographs that I sent you and my correspondence. It is a public nuisance in that it's in the way of people trying to traverse that stretch of sidewalk. When the snow comes, Mr. Mega-Ditchin is not going to really be able to clear that stretch of sidewalk as he has done for the last 40 years. Where the bike rack is put is a depression in the sidewalk and it turns into a sheet of ice. We work in the past able to navigate around that puddle, but with the bike rack where it is, we're not going to be able to and that section is walkway is always heavily trafficked by the folks that live in Winslow Tower going to Mass Al. So, they walk that section that he has cleared in the winter time as well. I've given two other photographs where the bike rack could be moved to. We did meet with a nice gentleman from the Planning Department whose name I now remember yet and I believe and he said that he was going to be getting back to us and didn't and the bike rack moved. Richard, Mega-Ditchin is epileptic detective word. He is pretty angry that it got moved and he really wishes that the board would reopen the hearing on this matter so that he and I can come down and speak to you in person and that a better result would be if the bike rack just got moved to one of the other two locations, both of which would fit the rack and would make it a safer area for the town. That's all I really want to say because I know you can't vote on it and you won't give us any comments. So, thank you very much for hearing me out. Thank you, Mr. Leone. Thank you, Mr. Corsi. Thank you, members of the board. Thank you, Mr. Cooler. Okay. Is there anybody else who wishes to speak for open forum? Okay. Thank you, Mr. Puller. That concludes open forum tonight. Item four under traffic rules and orders of other business, discussion and endorsement, upper investment in parks and open spaces, proposed expenditures plan. This will be Mr. Cooler and Joseph Connolly, the director of recreation. Then allowing Mr. Connolly into the meeting and he will go forward with the presentation. Hi, everybody. Can you hear me? Yes. Good evening, Mr. Connolly. Hi, how are you? So, as you all know, investing in our parks and open spaces is eligible for our funding and what I'm proposing is really a, certainly once in a lifetime opportunity to get our, some of our playgrounds up to a safe and usable standard. Some of you might know back in 2019, the town did a playground audit and the results of those audits came back with the number of our playgrounds being classified as a level one hazard, which has certain criteria, which could be certain items could be life threatening in the playground and that could certainly be as simple as just not having enough surfacing, but could also be some more serious issues with some of the playground equipment having entrapment and entanglement issues. At that time, the Department of Public Works and Robert Jefferson made a point to go out and repair to the best of their ability and make safe and usable those playgrounds that had certainly those level one items. Recently this fall, we conducted a round of safety audits. We hired an outside playground inspector and those results came back with us having to close a number of our playgrounds, including at least two of our school playgrounds being pierced temporarily Stratton continues to be closed in Bishop had to have one of the playgrounds though, as we refer to it as the old red playground behind the backstop actually removed number of other playgrounds around town were temporarily fenced off until the Department of Public Works and we could contract out and get those repairs made. And I think we're in just a situation where we just have playgrounds that are aging out playgrounds have about a, you know, 15 year lifespan on the playgrounds and certainly my day when they were just, you know, these metal structures would last a lot longer. But now the playgrounds are very complex and they, you know, have plastic components and they all of their, you know, separate intricacies, which quite frankly don't make them quite last as long. So with all that said, in the 2019 in the latest on safety audits, I think that we could make a significant improvement and quite frankly, yet a number of playgrounds up to a usable safe standard with the use of this funding. I think certainly Pierce, Pierce School, Pierce School and Stratton, they are really one, two, three in priority. And then looking at the report, we have approximately seven to eight playgrounds that would fit in this kind of phase one level of improvement based on kind of recent capital improvements and based on our knowledge of having done this for quite a few years, you know, we were able to look at what these approximately may cost if we were to do all eight of these playgrounds in a phase one. If you were to look at like a small little pocket park, we're estimating those playgrounds approximately $400,000. A schoolyard playground is approximately $600,000, $650,000. And then certainly some of the larger playgrounds, which would be like a Robin's playground, you know, there may be more around $900,000. So looking at those estimates, I think in this first round of phase one improvements, you know, you'd be looking at approximately $4 million to get us through this list of seven to eight. A lot of that will come down to the bid cycle. As we all know, costs are continuing to escalate. So, you know, certainly a lot of this is to be determined based on, you know, how we do on the bids. But I think we could at least get through quite a few of these top level one priority playgrounds with with the use of these upper funding. Great. Thank you, Mr. Connolly. I don't know, Mr. Pool, if you wanted to add anything to that presentation or No, I think he pretty much covered it. Either of us being happy to answer questions. Okay, great. Thank you. I'll start with we'll turn to the board then, Mr. Heard. So just so we're clear, are we looking for motion to approve anything or is this a receipt? Mr. Chair, if I may. Yes, sure. Go ahead, Mr. Pool. So in the memo that Joe Connolly presented to you, there's a list of phase one projects and tonight we would like the board's endorsement of going forward on those phase one projects listed in the memo. Okay. And that's the total of those projects is the four million dollars. That is correct. And I don't have the original ARPA presentation. But is that within the range of what was set aside for playgrounds? Okay. Sorry, then I'll I'm happy to support investment in playgrounds. I did have a few people reaching out to me about the Bishop playground when that came out. And I know there was safety reasons, but a lot of parents rely on their playgrounds to allow their kids to get out some energy. So I think this is a really smart and well worth investment for us and glad to be able to use the ARPA funds. And it's glad to could to actually have to talk about ARPA funds starting to see some in action. So I'll move approval. Thank you. Thank you, Mr. Mr. Diggins. I'll be happy to second that. And just a comment is first that even before the pandemic, I was hearing me about the need to do put some resources into our playgrounds. And so I'm happy to see that it means always enjoyable to walk past them and see the kids having fun. But also the parents getting together is a nice way for parents to interact. But a couple of questions. So what is the what's going to happen with the state's ARPA spending with respect to playgrounds? Do you have any any sense? I know that the the bill is on the governor's desk. I mean, do we have a sense of anything that's going to any moneys that are going to perhaps go to playgrounds from that budget or from that expenditure? Mr. Puller. There was a $250,000 designated for the town of Arlington for playground improvements in that bill. And I think it is likely that what we'll do is use that money for the design portion of some of these playgrounds and then use the ARPA money for the actual construction. Great. Okay. Thank you. Thank you. And just a curiosity question on the phase two one for it for Thompson. It's eight years old. It wasn't reviewed and it wasn't inspected. I mean, I'm fine with with approving it, but I'm just kind of curious as to why it was neither reviewed in 2019 or inspected in 2021. Sure. So the because that is a school property playground and we originally looked at just playgrounds that are under park commission jurisdiction, but I did get together with the assistant superintendent and we walked many of the school playgrounds in town playgrounds that are adjacent to schools. And I will tell you the playground adjacent to the school that as you call it the probably more the taught playground because as you know, we just did not the union playground over which the school probably has the main use for it needs a lot of work. So that's why it was added into into the existing plan. Right. Well, thank you. Thank you very much. I appreciate all your work and the and the the commission's work. You know, thank you. Thank you, Mr. Diggins. Mr. Helmuth. Thank you. Of course, I'll support this and you know, I'm glad this is an ARPA category and I'm glad that the town is jumping on this. This really is a public health investment that playgrounds in open space are good for the health of our children for exercise, but also just as a healthy alternative place to gather as we have learned in the pandemic that outdoors is is valuable and making those spaces safe and inviting is the really good public health strategy on top of all the other benefits and we do have such a longstanding backlog in need. So this is this is a real opportunity and Mr. Connolly, we are thrilled to have you back as leading the recreation team you in the Park and Recreation Commission and your staff do an incredible job. I think your work represents a tremendous value for the town and I wanted to take the opportunity to thank you for that and thank you for thinking this through and I'm delighted that you're at the helm for this really exciting set of projects that we were able to undertake. Thank you. Thank you. Appreciate that. Thank you, Miss Town with Mrs. Mahon. Okay, I'm trying to think which one I'm going to go with first. First, I just want to clarify something that I'll bring up on the new business, but this is a vote before the board to endorse what the manager has recommended. But ultimately, I'd like to ask town council, our vote is an endorsement or a recommendation that is not binding to the town manager. Ultimately, he has the final decision on how to spend these opera funds. Turn around. That's my understanding. I mean, I think the manager has well, actually, I'm not, I think that you approved a larger sort of appropriation scheme and that the manager is making more specific decisions within those numbers. Mr. Puller, do I have that correct? Yes, I believe that is correct. I would actually say that under the US Treasury federal opera funding of opera monies. The only role that the select board has is to vote to approve, to accept the monies out of the opera act through the US Treasury. Am I correct? Attorney Heim or our deputy town manager? I believe that it is the board's role to allow the manager to accept those funds. That is the vote that you previously took. And now we are in a more internal political process of having the board's input and conversation about how those things move forward. Okay, and I'm only laying the ground work for this for my new business later on when we get to it, which is the only role that the select board has is to accept the opera funding from the federal government. The town manager can ask for recommendations or endorsements, but ultimately it's his decision on how to spend something. So if this board takes a vote to recommend or endorse, it does not mean that the town manager is bound to do that. Am I correct on that, Attorney Heim or Mr. Puller? Mr. Puller is like me to respond. I'm sorry. I think I understand your point. Yes. I mean, generally speaking, the the it's a little bit different than CDBG funding. You know, there's been an internal decision made how to sort of block off different pieces of these funds, but ultimately the manager is deciding how to expend these grants in terms of individual contracts, which he has the authority to enter for, say, a playground project. The specific project doesn't have to come back to the board to enter into a contract and to pay for it. Does that is that consistent with what I think your point is, Mrs. Vaughn? It definitely is. And I only say to my colleagues the reason I say that is when I speak on the new business, it's going to be on the full million dollars for essential workers, premium pay that we recommended to the town manager. He is not bound to that. And I'll I'll have further conversations on that under new business, but I just wanted to make clear the point that, you know, we're taking these votes in the town manager and tonight through the deputy town manager is asking us to endorse and support, which is all well and good, but in term of opera funding, our role ended when our only legal role was to accept the money and transfer that issuance power to the town manager. And then I am thrilled to have our recreational director, Joe Conley back at the helm, kind of guiding everything that we're going along. Since he's here, he's sort of a captive, captured audience. I just wanted to bring up and if he doesn't have any response tonight, that's fine because this is kind of cold call on this. I've heard from some right of street neighbors in terms of the town's compost department and some issues around that, if that could be tightened up or go somewhere else. In terms of how that that program is going, I don't know if Joe Conley is really well versed on that, but there have been some neighbors that have called me from the right of street area that really have some concerns around that. So I guess I would ask Joe, if I could, through the chair, in terms of the, which is a firefield from the agenda item, so maybe one or two sentences to that and maybe the sentences, you'll look into it, but there's been some concern with, I've been told that the compost effort is sort of located behind the skating rink. Mr. Conley, I don't know if you have an answer for that. Yeah, okay. That's the part. So yeah, so certainly I mean, one of the first things I did when I got back was do a walk around with one of the residents of the area. And that certainly came up as a discussion of potential concern. And so I will continue to look into that. To be honest with you, Diane, I'm not even sure who put it in and whether that was something through Charlotte Milan's office, but I will look into that and we'll see if we can get some of those concerns addressed. I believe the concerns centered around rats and odor, but I will certainly continue to look into that. And I'll call you tomorrow with a resident's name and maybe you follow up with that person and we don't have to get resolved and we don't have to discuss this at a meeting again. Absolutely. Thank you, Joe. Thank you, Mrs. Mohan. Yeah, and I also want to echo comments of the other members. We haven't had a chance to have Mr. Connolly before us since he came back and it's great to have him back before I was on the board. I was involved with my kids with different recreation programs and saw firsthand the outstanding job that Mr. Connolly did and is currently doing and trying circumstances and really expanding programs, finding new ways to deliver services. So we're really grateful for all the work that you do, Mr. Connolly. Thank you. Sure. And just that clarification on the phase one items here, maybe this question from Mr. Poor, I don't think any of these playgrounds are already in the capital, the capital plan or have been identified for funding through the Community Preservation Act. Is that right? I can answer that if you want. Okay, sure. So, no, the only one that is up for discussion through CPA is Robbins Farm, which is in a phase one. However, although, you know, we certainly haven't had our final conversation with the CPA. Initial indication is that they most likely will not be able to fund the entire request. And that is why I included it into this potential request to maybe split the funding. Okay. All right. And I think, you know, that the town manager through in his framework did set aside $4 million for investments in Park and Open Space. This clearly is a desperate need to get some of these playgrounds done. So I will support the endorsement motion as well on this. And again, thank you, Mr. Connolly for the presentation tonight. So on a motion to endorse by Mr. Herd, seconded by Mr. Diggins attorney. Hi, Mr. Herd. Yes. Mr. Diggins. Yes, Mr. Helman. Yes, Mrs. Mahan. Yes. Thank you, Mr. DeCoursey. Yes. Yeah, it looks like we have some visitors in front of the select board office tonight. Thank you. Sorry about that. Oh, don't worry about it. That concludes item four. Thank you for joining us, Mr. Connolly. I will now move to item five for approval. Declaration of trust for the Arlington affordable housing trust fund. Kelly Linema, assistant director, Department of Planning and Community Development and Karen Kelleher, the chair of the affordable housing trust fund. And I just before I introduce Ms. Keller and recognize Ms. Linema too. This is this follows from our earlier vote earlier this year where we approve the trustees to the affordable housing trust fund title two of our bylaws states that a declaration of trust needs to be approved by the select board and then recorded at the middle sex registry of deeds. And that's what they're here before us tonight. So I will turn to I believe Ms. Kelleher is going to start the presentation. So I will begin with her. Thank you very much, Mr. Chair. Can you Yes, I can. Hear me. Thank you. Yeah, this is really relatively administrative. The declaration of trust, I would say is about 85 percent verbatim from the bylaw that was approved by town meeting. It was prepared by staff in consultation with town council and we discussed it at our second meeting of the affordable housing trust fund recently. That's the additional language in here is mostly administrative. Some mechanics of officer elections and timing. Some process for terminating the trust at some point in the hopefully very distant future and for trustees to resign. There's some boilerplate regarding governance and construction of the trust language and limitation of liability, but it's relatively administrative. The additional language. So that's what we are offering for your approval this evening and it would then be recorded with the registry as indicated. Kelly, did you add anything? Sure, I can add. So as Karen mentioned, this is the declaration of trust. It must align with the bylaw and so that's what we've done in pretty much most cases. There are areas that could be updated by the trust in the future if certain things aren't working, but mainly like removal of members or number of meetings, et cetera. But again, that's largely administrative. If the trust determined a year now or a year or so from now that certain adjustments needed to be made concordant with the bylaw, we would bring that the trust would vote on that and we would bring that before you again for review and approval. If there were any more substantive changes that needed that had to be changed in the bylaw, obviously that would have to go before term meeting. So it's really as Karen mentioned, it's an administrative document. The next major step for the trust is the development of the action plan and that will actually guide the for the trust for several years of operations. It's going to set forth the goals and priorities and initiatives that the trust will pursue before advancing its purpose of preserving and creating low and moderate income housing for individuals and families. So they will be discussing the the action plan at their next meeting. But before they do that, we really wanted to get this document before you for administrative review and approval. Thank you. Thank you, Miss Linema. And I will now turn to the board. I'll start with the boards. The trustee from the select board, Mr. Helmut. Thank you, Mr. Chair. Thank you, Ms. Killeher and Ms. Linema. Yeah, it is my privilege to represent the select board as a all-in-tent affordable housing trust trustee. I we've had two meetings so far. I have to say it is an exceptionally qualified and articulate group of people who are committed to affordable housing, who are a lot smarter than I am on these issues. And Arlington is really, really lucky to have every single one of these members. So I want to thank them all for their service. And I'm very excited about having a small part to play in developing that action plan. I think it's going to be a really good opportunity to think big, to think long-term. And and I would therefore move approval for the select board's endorsement and approval of the trust so we can get to work. Thank you, Mr. Helmut. Mrs. Mahon. Thank you, Mr. Chair. I would like to second Mr. Helmut's motion and I have two questions. One on members and one on appointments. The first question I have is I believe I'm correct. Please correct me if I'm wrong that the select board has six members that they can appoint and of those six members, there are two members that are specifically specified of who they will be. One is a someone who resides in subsidized housing as well as some other caveats who has knowledge of federal housing or or demonstrates knowledge of tenant issues. And then the other one is a representative of local housing. I would like to hear from whomever exactly who who those two appointees are. Are they really that wide open or is it someone that has affiliation with a housing authority or housing corporation and be someone who resides in subsidized housing or if it can be someone else and then I have a follow-up question. Ms. Kelliher, I don't know if you can answer that. Certainly, I think there are two trustees that meet these qualifications. Mrs. Mahon, Mary Ann Donovan is a tenant at Drake Village and is a representative of the housing authority. And then Neil Mongold is on the board of the Housing Corporation of Arlington and he is also representing a local housing organization as such. And those both are very, very good candidates. So I'm kind of hearing that. So I'm okay with that. And then I'm just curious about the trustee staggered appointments of two years and one year with regard to the board of selectmen. What are you recommending in that regard? Because that kind of seems ambivalent to me and maybe I'm not reading the language provided correctly, but I see that there's two proposed terms, not to exceed two years or one year. Yeah, and someone explained that to me a little bit more. I'll give it my best shot. I believe there are two trustees who have a one year term so that when that expires at the end of one year and I believe I'm one of them, we will potentially receive in a new two year term or our replacement would receive a new two year term that would be staggered with the other five. If I'm correct, there's also the ex-officio appointee of the time manager. So we did have some discussion at our last meeting about the timing of those appointments and I want to refer to the declaration, but I believe or Kelly correct me if I get it wrong, but I believe what we decided was that we wanted to align the election of officers and those appointments all at the time of appointment at one year from the initial appointment that occurred earlier this year. That is correct. And maybe last question on that if I could ask Kelly or Karen, I know the board has six appointees that can be a one or two year term if someone could as briefly as possible. Tell me of those six appointees that the select board has what their term will be? I will. This is Kelly line. I'm a miss mahan. I will have to read out to come back to you with that specific that specific information. I'll follow up immediately. Okay, thank you. And the only reason I ask that question is under the housing trust fund explanation of the six board appointees. I just want to make sure we're out there on six appointees. They can be one or two year appointees and I just want to make sure that especially for myself as well as my colleagues, but definitely myself. Because I haven't looked into it enough. Who's the one year who's a two year so that the board, whoever the chair is can kind of get the synchronicity of what needs to happen. Starting next year in year one, year two and going forward from there. So my question would be of the six select board appointees in terms of their length of service. Who how many are one year? How many are two year? So I'll leave it leave it to the chair and Miss line Emma and Miss Kellogg are to kind of flush that out and we'll discuss that a future board meeting and thank you, Mr. Chair. Thank you, Mrs. Mahoney. And I think when we appointed the trustees, we just appointed the six trustees and that night we were aware who the ex official member was, but we didn't know about the term. So so thank you for that question and we'll look forward to hearing from this line tomorrow on that the staggered terms that were created. I next is Mr. Herd. Thank you, Mr. Chair. I'm happy to second that. No questions. I've seen a few trust in my life. Attorney. Hi, I will ask you. Did you review this to make sure it doesn't violate the rule against perpetuities? 21 years plus a life of being was three lawyers cringe as we hear that term. I'm a real estate lawyer and I still don't understand it. But no, I'm all joking aside. I'm happy to see this finally come for tuition and know that the that the trust has been meeting and moving this forward towards its goal. This has been something that's been coming down the pike for a few years. And I think it's something that is really important to the town that a lot of time residents have been looking forward to. And now it's good to go from design foot phase to implementation phase and start seeing the benefits of the trust. So happy to see what comes out of it. Thank you, Mr. Herd. I still have nightmares about the rule against perpetuities, but I now will turn to Mr. Diggins. Thank you, Mr. Chair. So so yeah, I'm looking forward to seeing the action plan on this one. And I have to say, I hope in a few years the money comes rolling in so quickly that you'll have to meet once a month instead of just once a quarter. But a quick question about the length of term. So the bylaws locked us into two years max. That's to whomever through you, Mr. Chair. I can answer that. Sure, Mr. Chair. Sure, Karen Kelleher. Yes, it's a max to your term as set forth in the bylaw. OK, that's all. Thank you very much. And Mr. Diggins, we actually are meeting monthly because we're eager to get to work, though the bylaw only requires us to meet quarterly because at some point in the future, perhaps we won't need to meet that often. Oh, hopefully the money will come running and you'll have to, like I said, meet at least once a month. There's much money coming in. So thank you, Mr. Chair. Thank you, Mr. Kelleher. Thank you, Mr. Diggins. Yeah, and I also support the approval of the Declaration of Trust. I did want to thank Miss Kelleher for her willingness to serve as chair and for being selected as chair of the Affordable Housing Trust Fund. When we had the trustees at our earlier meeting, we didn't we didn't have an opportunity to recognize each member individually. So thank you for your for your dedication and your work. And thank you, Ms. Lanema, for the technical assistance that you're providing to the trust fund as well. So on a motion by Mr. Helmuth, seconded by Mrs. Mahan for approval of the Declaration of Trust. Attorney Heim. Mr. Heard. I forgot. Mr. Helmuth spoke first. So you can ignore my second. I yes. Mr. Diggins. Yes. Mr. Helmuth. Yes. This is Mahan. Yes. Thank you. Mr. DeCorsi. Yes. Yes. Great. Thank you. Thank you very much. Thank you. Have a good evening tonight. You too. Item six under correspondence received. We got a little preview of it earlier tonight. Blue Bikes Rack and Pedestrian Safety at Railroad Parking Lot. John D. Leone. And I will turn to Mr. Diggins. I like to move acceptance of the letter in and maybe discuss with me how we deal with it. You know, if that's appropriate now. Well, I think what we could do maybe is is move it. Receive the letter. Maybe we ask the town manager for a report at our next meeting on that. Okay. Thank you. Yeah, and I know I I think there are some things he's not here tonight. Mr. Heimstutz isn't here. So I'd like to have an opportunity to hear from them. But I think it's certainly appropriate to try to resolve this issue as quickly as possible. Yes. And that's that's really what I'm getting at. So so that's the way we'll handle it. So I'm fine with that. So I'm just really getting direction or anything else. So I'm happy to move received. Okay. Thank you. Mr. Diggins. Mr. Helmer. Thank you. I like to second that. And if I could offer a friendly friendly amendment, perhaps to move receipt and refer to the town manager ask for a report at our future meeting. Or perhaps if the sheriff refers. Yeah, is that acceptable? Mr. Diggins for the amendment there? Yes, it is. Thank you very much. Okay. Sure. Okay. Mrs. Mahan. Happy to support. No questions. Mr. Heard. No question. Yeah. And I'm happy to support this as well. So on a motion for receipt and referral to the town manager made by Mr. Diggins seconded by Mr. Helmeth attorney. Mr. Heard. Yes. Mr. Diggins. Yes. Mr. Helmeth. Yes. Mrs. Mahan. Yes. Thank you. Mr. D'Corsi. Yes. Mr. Yanomizov. Okay. Thank you. Next is new business. Attorney Heim. No new business. Mr. Poole. No new business. Thank you. Okay. Mr. Helmeth. Thank you. You know, I just like to to explain, I think my point of view about the board's role with ARPA since, you know, I think we may be hearing some more about that and I'm always happy to hear my colleagues' views. You know, my understanding in the process is that whereas the board's legal role was to accept the funds, my experience of the process as a town manager has been very transparent with us and has asked for clear top-line approvals for categories and been very transparent about that and we've taken votes in my expectation and my confidence is that the town manager would would do what he says that he's going to do and do what we have approved. I think that there are levels of specificity and implementation that we do necessarily need to leave to the town manager. But speaking for myself, I think that it's healthy for the board to be engaged as we were earlier tonight. I think it's informative for the community but I also really feel that you know, from an internal point of view as we supervise the town manager that if we comes to us with a proposal and we say yes to it and take a vote to it that that's what I would expect would happen and I have total confidence that at the level that we are being asked to approve something that that's what our town manager will do. I think he has a track record of doing that. So, you know, that's my view on this. I feel that we are playing a relevant role. I think town managers being straight with us and you know, I think that's just kind of where I sit with that and I look forward to seeing the process continue with some really good investments in all kinds of categories. Thank you. Thank you, Mr. Helmeth. Mr. Diggins. Thank you, Chair. Three quick things. First, I was reelected to my third term as the chair of the Regional Transportation Advisory Council. This happened back in early November and I am so thrilled about that. I've really enjoyed being chair over the organization and being on the board of the Boston MPO of the Metropolitan Planning Organization. And I'll say that I sit on that board with two other Arlingtonians in Mr. Amson from Planning who represents Arlington as the at-large town and one of the at-large towns and Eric Barassa who is I forget the exact role at MAPC but he's pretty high up there. He's the vice chair of the board, and the deal with the MPO is that it really is a regional entity, and we all realize me that all the towns in this area means sink or swim together, and there's such camaraderie in the group being and it's such a just enjoyable group to work with. So I'm happy to be the chair of the Advisory Council and the same goes for the Advisory Council. And the second thing is I had to leave early last time to host well, Quasi chair the first meeting of the youth and young adult study group or the study group to study whether we'll have a group in and the representative from the high school there which is really a great bunch of kids being in. It's a really good group. I came out of that me so energized. I was a little I would say demoralized but let's just say frustrated by how long it took us to get to this first meeting. But but we're there and I think we're going to make really good progress in and and this is a great chance to collaborate with some more people in town. And the third thing is that the civic engagement group along with Envision Arlington is doing something a little new this time with respect to the annual town survey and and we are going to offer collect questions means to anyone submit a question through the the Google form. We came out in the town survey. If this was the right form I throw a link into the chat but but look at them. The one of the town emails mean and you can submit a question and we will throw them all to Kelly linema and and Scott LeVer LeVer Lever and and they'll choose a question that will go into the town survey. So it's a good way to get the people thinking about the survey and maybe making plain little role in the creation of it. So that's it. Thank you. Mr. Chair. Thank you. Mr. Diggins Mr. Heard Um if some thoughts on opera, but I'm going to save them because I think we'll hear more. Um the only thing that I want to bring up was now that we're about a month into the Appleton and Mass Ave implementation of our recommendations. I do drive through there all the time and it does really seem to be making a big difference. We said this before that it's not. It doesn't make it 100% safe. There's no way we can do that. But it is certainly a major improvement. I think it's slowing down. A lot of vehicles going in and out of there. So kudos to I guess us and everyone else that was involved and the the boards and the town staff and the architects that helped us out because I think that was a good result and a tough problem. And so it's good to see the implementation of some of the decisions we make right away and and the how it affects people's lives. So that was it for me. Thank you, Mr. Hurd. Mrs. Mahan. Okay. God bless you, Mr. Helmuth for being right or die for the town manager on the app for funding. But I'm very sensitive about that. This is going to be the fourth meeting. Yeah, I'm going to ask who the chair and the deputy town manager on premium pay for essential workers. This board took a vote to recommend four million dollars and Mr. Helmuth said words to the effect of I trust the manager to take our recommendations or anything else that that's what he's going to do. Legally the town manager does not have to take a recommendation of four million dollars for premium pay for essential workers. He can accept that as a recommendation, but that's not binding. Is that correct? Attorney High or Mr. Deputy town manager. I think it is not legally binding, but it is what he's doing. I disagree and I've asked this is going to be the fourth meeting and I asked after this meeting that I actually get this. I have asked through the chair from the town manager that he provide the formula that he is using with our town unions not our M schedule employees that we've already tacked away hybrid remote working as of August. No, no issue with that. I would like to see the formula that the town manager is using on how he anticipates expending the board's recommendation which is not binding please sound correct me if that's wrong. I would love it to be binding but I don't think it is the four million dollars that this board recommended. I would like to see the formula that the town manager is using for town essential workers. It's a basic math equation so that I can get myself and my colleagues can get that mathematical formula and plug in the numbers and see if it adds up to four million or if it adds up to two million which I think is probably more the case. So I really want that by the next meeting. I'm very frustrated that this is the fourth time that I'm asking for this. I understand that the town manager can say the board made a recommendation and I'm not bound by that and I accept that because that's the law under the opera funding in U.S. Treasury funds. But this board led by Mr. Heard and others had recommended and the town manager said he accepted four million for our town not talking about residents which was another 500,000 for essential workers. The board recommended and the town manager said he accepted four million dollars going to our town essential workers for premium pay. I don't believe that's the case. I would like to see once again, it's a simple formula. Just give me what it is the town manager because it's ultimately his decision. How he's going to apply that funding and then we can all plug in the numbers and see if it adds up to the recommended vote of the select board of four million which I don't think it does or if it adds up to what the town manager really wanted to do from the beginning which is two million. So I really want that by the next meeting. I'm really upset about that. And I see the deputy town manager has to stand up. If I could through you, Mr. Chair, unless the chair has something else he'd like to add first. No, did you have your hand up? Mr. Poole or I go right ahead. Did you want to say anything else? Mrs. Mahan before maybe in response to what the deputy town manager might say. Okay, Mr. Poole. Thank you, Mr. Chair. Thank you, Mrs. Mahan and other members of the board. I doubt that you will have the formula by next meeting because we are going through the process of meeting individually with the unions. We have had some of those meetings already. We have another one, another union coming up this Friday. I am the person along with the HR director who sits in on those meetings with the unions to describe our general bargaining strategy and our ARPA strategy. And I think it is essential that we have those discussions with all the unions first so they and we get their feedback and work through what sometimes can be some excruciating detail. However, I would also say I can represent to the board that the numbers and the formulas we are discussing with those unions I believe will add up to the $4 million that has been discussed and that at the end once we've concluded our conversations with the unions and present information to you you will be able to see that too. Before I turn back to Mrs. Mahan Attorney Hyme, you had your hand up. Did you want to add anything? I just wanted to add two things. Number one that I appreciate that Select Board Vice Chair Mahan is asking for something for information under new business and I just want to make sure that that's clear to everybody that's what's going on here. There's been some commentary about something under new business for something that the board wants to discuss at a later date in the way that it receives that. So I just want to put that out there. Second of all, I also just wanted for folks who maybe aren't as familiar with what's being discussed just to make it clear that yes, Select Board role was to essentially accept the ARPA funding and town managers as long as this is town manager form of government are the ones who are going to administer these funds consistent with what they've sort of laid out. I think I hear and understand what everybody is sort of saying about this with respect to whether or not every piece of information that's been requested has been provided yet and you know whether or not and what the timeline is for that. So I just I know we're under new business so I just wanted to highlight for folks to make clear that we're talking about when and what the Select Board can expect in future meetings in terms of information with respect to ARPA. Thank you, Mr. Chair. Okay, thank you attorney. I'm Mrs. Mahan. I don't think you've completed your new business. No, I didn't. Thank you, Mr. Chair. Um, first off in attorney Hine with the chair or the deputy town manager who sits in a labor negotiations can correct me if I'm wrong, but to use ARPA funding along with collective bargaining. It's not appropriate. It is an unfair labor practice in the sense that ARPA funding is what it is. The board has made a recommendation of four million dollars. I myself personally think the town manager only wants to spend two million and it's up to him if he decides to do that. But am I correct? Attorney Heim or deputy town manager or anyone else that it is an unfair labor practice to tie ARPA funding to collective bargaining negotiations. Mr. Poor. Do not believe that it is an unfair labor practice. There certainly has not been any record of a ruling in that regard. And I would say at this point we are having productive conversations with our unions. They're moving forward and I do not see a problem in those negotiations at this point. Okay, so can I ask the deputy town manager? So you are using ARPA funding as a tactic in collective bargaining negotiations even though ARPA funding is federal and collective bargaining is municipal. What we have said is that we are not discussing ARPA funding as part of collective bargaining but we are linking the two. So you are discussing it as a link? We are discussing them simultaneously. Yes. So you are discussing it as a link? Yes, we would like to have Okay, and I think I think that's illegal. I think that ARPA funding the board voted to accept the federal monies. The town manager said he'd like our recommendations and he would act upon them, which is four million dollars. And I think that under collective bargaining it should not be an issue that's being discussed in concert with it. And I think it is being discussed and it's not even close to what this board has voted. So I want to say again and I don't want to say this in another meeting. I know this was said at the first meeting. I know Mr. Herd asked for I'm not going to characterize what he asked for but he did ask for some follow-up. I want the formula. I basically want to know from the town manager are you accepting the select board's recommendation which is non-binding for four million of the 31 to 34 million dollars to go to premium pay for town essential workers. If that's being accepted and if not what that number is because I think it's two million and if the deputy town manager wants to go on the record right now and say no, it's four million. I'll accept that. And I don't need backup documentation. So will you say that? Yes, it is four million. The town essential workers. Yes. Okay. Pardon me if I don't trust that. And then my pardon me, Mr. Chair. Yeah. I don't know what the usual practice here is on the board about people saying that they don't trust what other people have said, but I take that as a personal offense and I'd like to object to that. Okay. Thank you, Mr. Paul. I think when the when the figures come back, I mean to be fair to Mr. Poole and Mr. Chapterline, we don't know what they're coming back with. And so until they do it's unfair to speculate whether it's less a lesser amount or I know, but I didn't ask the proof is in the pudding though. This is what they come back with. This is my understanding that I've asked for the formula. Can I just get that? It's great that the deputy town manager says yes, that's what we're offering. I don't believe that whatever's the nicest way for me to say that I've asked since the get go. I just want to see the formula. You give me the formula. I know the ultimate number is four million. I plug in the number of employees on the town side for essential workers. If it comes out close to four million is 3.7 3.8 3.5. I'll accept that, but I can't get that formula. So I want to get it by the next meeting. I've been dodged by that. I've been told yes, that's what we're doing. I'm insulted by that. I want that formula. Is that really hard to give to me? Just give me what it is that the town through the town manager, the deputy town manager who's very offended by what I said. So I will whatever way apologize. Just give me that formula. It's four million dollars. Give me what it is you're approximating. You can offer. I can plug in the number of employees and I can see if that adds up to four million, which is what the town is saying to the town manager and deputy town manager, which I don't trust because what I'm hearing is is more like two million. So can I get a commitment by the next meeting? I get that formula. I think the request has been made. I'll interrupt for a second. Mr. Poehler and I think Mr. Poehler was unclear. I'm sure whether that would come back at the next meeting. The request has been made. It will be forward to Mr. Chapter Lane. I think there should be discussions between now and the next meeting in terms of the timing, but just like tonight. And again, I don't want to equate the two, but we set aside or accepted the framework of four million dollars for parks and playgrounds. And tonight we got here's how the money is going to be spent. I think at some point we're going to get something back for Mr. Chapter Lane and Mr. Poehler that this is how the four million dollars in premium pay is going to be allocated, but they're not ready to do that yet. And maybe they'll be ready by December 20th. Maybe they won't, but the request is out there. I understand your frustration not getting that back. This is behind, but I think we've got to allow them some time to complete that process and come back to us. But what did what you did hear from Mr. Poehler tonight is the numbers four million and they'll come back. So your question has been received. It will be forwarded to Mr. Chapter Lane. Mr. Poehler heard it. I think that's all we can do for tonight through the new business segment. I don't. I want it back. I'm tired of getting stonewalled on this. Seriously, I'm a member of the board. I should be treated with that respect. We voted it six weeks ago. We were told at that meeting. I'm not going to characterize what Mr. Hurd asked for, but I know what I asked for. It's a very simple request. I want to buy the next meeting. I don't want to hear because it's not a collective bargaining, negotiable, but negotiable item. The board voted four million, which is only recommendation. It's non-binding. The town manager said, oh, yes, I'm going to accept that. Then I want to see the formula that adds up to four million has nothing to do with what he meets with whatever union. I know I believe he's only met with one and he has the other ones to meet with. I just want to see that. And I want to be respected as a member of this board. Just give me that. If the manager gets me back, you know what? The board voted four million. I'm only doing two. I don't accept, oh, yes, that's what we're doing, but we're negotiating it. There's no negotiation. The board recommended four to the manager, except that or not. That's what I want. Okay. Thank you. And I know, okay, I'm just very frustrated. That's all. Oh, my gosh. All right. And I want that by the next meeting. And if the answer is, I'm going to continue get stolen while then that's the answer I want to get. The next thing I have, which I've spoken with the town manager about in the chair is request by a town meeting member, Allenton resident, Kristen Anderson, which I understand the chair wants to talk to before it can be on the agenda. I would expect as a member of the board, I could get something on the agenda without having to back it up. But I'm going to respect the board's position that he needs to speak to. Sanderson, it has to do with the nifty's permit around the ally flooding and the CSO combined sewage overfall overfalls, which is coming up. I'd like to see that in on a future board agenda item. I will respect the board's request that he needs to speak to this Allenton resident in town meeting member. Apotome would say as a member of the board, I should be granted the courtesy to request an item on the agenda that it should be on. But I'm going to honor that because once again, similar to the premium pay issue, I will live by a different standard. I asked at the last board meeting if this pool could fall, Mr. Pool could follow up on. I asked the town manager about future booster clinic. A town hall schedules if that will be happening because I know we've had at least I believe 600 or 1800 people that were able. I think 1800 people that were able to take advantage of the first three clinics. If there will be future clinics, I have not heard back from the town manager. So if the deputy town manager could follow up on that and then the other thing that was very concerned about, but I know the chair has I believe already scheduled is a meeting of the long range planning committee. Perhaps a very briefly the chairman, if there has been a meeting scheduled, if we could just announce that and where we're going with that. Okay. Yeah, that that meeting is going to take place on December 17th. Is that it for new businesses, Mrs. Monne? Yes. Okay. Thank you. I have a couple of items, but I do want to address one thing with with Miss Anderson. This is my on it. I did speak about that. I said that's a great idea. It should go on the agenda. This is my hand suggested that maybe it would be a good idea for me to talk to Miss Anderson to learn more about the issue before we put it on. And I certainly will do that and I'll put it on the agenda for December 20th. So this is I totally heard Mrs. Monne and that request. It will go on. I think we talked about it going on for one of the December meetings and it will go on for one of the meeting. So and there will be a discussion between now in the 20th. I did want to talk briefly about an event that I attended last Thursday for the Housing Corporation of Arlington. They had their opening of the Downing Square Broadway Initiative buildings. Mr. Helmuth was with me that day. I think Mr. Diggins may have been there through Zoom and the town manager was there and this was a 48 units of affordable housing that will be opening hopefully for tenants later this month if not in January 34 are up at Downing Square and 14 are on Broadway. In addition to creating affordable housing, there is space as people know on the at the Broadway site for Arlington eats. And there are also five of the 48 units that are being set aside for formerly homeless individuals through collaboration with the Greater Summable Homeless Coalition. So it was a great event. The the project is very impressive and just a real long process that the Housing Corporation went through and we're really happy as a community to see these see these units come online later this month. I contrast that with a decision that came out recently and was filed on the new guard property and I will have more to say about that on December 20th. The comprehensive permit was approved with conditions. It was filed at the clerk's office and now we're in a period where either the applicant or the butters can choose to appeal that decision. We won't know that until later in this month. Not withstanding the approval, which I think to each member of the ZBA did the best that they could given the limitations of Chapter 40 B. I still have significant concerns as I believe most members of the board do with the proposed project. I do want to correct one item that was in the decision. There is a line item paragraph 79 of the decision that states that the six duplex units at the site were brought back to the plan at the request of the select board that that is not the case. The select board has consistently opposed this project. We brought up the duplex in the context of a what we believed was a material change to the project early this year. Unfortunately, that line made it into the into the decision. It wasn't determinative of the decision, but I wanted to correct the record on that. Last thing I wanted to say was that to ask for people's continued patience with JRM. I know the town is working with them on the yard waste, which this is supposed to be the last week of yard waste. We're a Monday date. I didn't expect my yard waste to be picked up today, but I did expect my trash to be picked up in our street. All the barrels are still up for trash. So I think the town has said don't contact JRM if your yard waste isn't picked up, but I think it's appropriate to contact them if your trash isn't. So we'll hopefully be following up on that tomorrow yard waste up today. Okay, good. Okay, that's good. That's all my new business. We will be moving on to an executive session, and I believe we will be coming out of that executive session only for purposes of adjournment. So I will read the three items and executive session and then ask for a motion from the board. The three items are A to conduct a strategy session in preparation for contract negotiations with non-union personnel, the town manager, and or conduct contract negotiations with same B to comply with or act under the authority of any general or special law or federal grant and aid requirements approval of executive session minutes of November 1, 2021 and November 8, 2021 and C to discuss the open meeting law complaint of Mr. Patrick Higgins pursuant to mass general laws chapter 30A section 21A1. Do I have a motion for the executive session? Mr. Chair. Yes. This is mine. Move that we go into an executive session to conduct a strategy session in preparation for contract negotiations negotiations with non-union personnel to town manager and or conduct contract negotiations with said as well as to comply with under the authority of any general special law by act the grant aid requirements of the executive session minutes of November 1 and November 8 as well as to discuss the open meeting law complaint of Mr. Patrick Higgins pursuant MGL chapter 30A section 21A1 and when we come out of executive session unless someone else advises me differently, it will be to come out for the purposes to adjourn. Okay, Mrs. Mahan. Do we have a second second? Okay, on a motion by Mrs. Mahan seconded by Mr. Herd turning high Mr. Herd. Yes. Mr. Diggins. Yes. Mr. Helman. Yes. Mrs. Mahan. Yes, thank you. Mr. Dacorsi. Yes. We're in executive session. Okay, great. That concludes the public portion of our meeting.