Expected to be held before AG’s decision known
Arlington will have a Special Town Meeting this fall about its leaf-blower bylaw, as Stephen Harrington and more than 200 others want, and there may be another one next spring, as Selectmen Chairman Kevin Greeley has proposed.
The meeting is expected to be Oct. 10, before the deadline that the state attorney general’s office has set in deciding whether the bylaw will fly. That date is Thursday, Oct. 18, a press spokeswoman has told YourArlington.
If a decision comes on that date, it would be three days after proposed restrictions could take effect. The bylaw, which Town Meeting passed last May 14, 95-85, would prohibit the use of gas-powered leaf blowers on private property between May 15 and Oct. 15.
Thus, if the bylaw is approved, the restrictions would not occur until next May 15. If the bylaw is not approved, the issue would go back to Town Meeting for reconsideration.
Lack of AG ruling does not prevent special session, counsel says
Whatever the case, a special meeting will be set for this fall. Town Counsel Juliana Rice wrote in an email Wednesday, Sept. 5, that “the attorney general’s decision on the bylaw does not need to be received before the Special Town Meeting can be scheduled.
“If the Special Town Meeting votes to reverse the vote of the annual Town Meeting to amend the bylaw, the Attorney General’s Office will simply treat the annual Town Meeting vote as moot and will not act on the request to approve the bylaw.”
She added, separately: “As with the special election held on July 19, the Board [of Selectmen] has no discretion not to call the requested Special Town Meeting if the requisite 200 signatures are submitted in support of that request.”
At its meeting set for Monday, Sept. 10, the selectmen expect to discuss the issue and set the Town Meeting date. The agenda lists the date as Oct. 10.
Holding a separate Special Town Meeting costs an estimated $5,000; if held at the annual spring meeting, a special session is included in the cost.
204 of 249 signatures approved
The clerk’s office said Tuesday, Sept. 4, it had approved 204 signatures of the 249 Harrington, a Precinct 13 Town Meeting member, presented Aug. 28, clearing the way for a fall special meeting.
Once the signatures are certified, state law binds the selectmen to call for a meeting within 45 days, Rice confirmed.
Town Clerk Stephanie Lucarelli said Sept. 4 that all bylaws submitted to the attorney general in May after the 2012 Town Meeting ended had been approved, except for the leaf-blower measure. She said all were filed electronically, and all but that one were supported. She added Sept. 14 that the leafe-blower measure was not filed until after the July 19 election.
Emalie Gainey, who represents the press office for the attorney general, was asked Sept. 5 when the leaf-blower bylaw might be approved. She said the office has 90 days after it was submitted. In this case, the clock began ticking after the July 19 special election. Those days are up Oct. 18.
On July 19, no votes topped the yes by an almost 2-to-1 margin, but the number of no votes, 5,589, did not reach the 20-percent benchmark required by state law. They fell 191 short.
Gainey provided this statement: “Whenever a town adopts or amends its general bylaws or zoning bylaws, within 30 days of adjournment of Town Meeting, the town clerk is required to submit them to the attorney general for review and approval. The attorney general then has 90 days in which to decide whether the proposed amendments are consistent with the constitution and the laws of the Commonwealth.
“If the attorney General finds an inconsistency between the proposed amendments and state law, the amendments or portions thereof will be disapproved. The Municipal Law Unit is responsible for undertaking this review and for issuing a written decision approving or disapproving bylaw amendments.”
About 3:15 p.m. Aug. 28, Harrington presented a petition requesting a Special Town Meeting to see whether the town will vote to amend its bylaws to remove the seasonal restrictions on gas-powered leaf blowers. In an email to various officials, Harrington wrote:
“I’ve included Town Counsel Juliana Rice on this email so that she may inform you of your responsibilities under the law, which includes calling for a Special Town Meeting within 45 days.”
That means the selectmen must call for a special session by Oct. 11, which could be before the attorney general has ruled.
The Advocate reported Sept. 6 that Harrington’s effort caught Arlington landscapers by surprise. The story quotes Joseph Cusce Jr. of Black Diamond Landscapes as saying the organized group did not seek a Special Town Meeting.
Committee composition questioned
Meanwhile, in a related issue, Precinct 7 Town Meeting member Chris Loreti says the committee Greeley has proposed for dealing with the leaf-blower issue “appears to be inconsistent with Arlington’s Town Manager Act.”
In an Aug. 30 email to John Leone, Town Meeting moderator, Loreti wrote that Section 9 of the act “clearly indicates that members of the Board of Selectmen (as well as School Committee and Finance Committee members) cannot hold membership on other committees ‘except membership on a committee, board or commission when participation of such member is required by Town Bylaw or by a vote of the Town Meeting.’ “
Greeley has proposed that two selectmen would serve on the committee.
July 20, 2012: No tops yes, but leaf-blower bylaw stands
This story was pubnlished Wednesday, Sept. 5, 2012, and was updated the next day to include a report that the landscapers’ group did not pursue a Special Town Meeting. It was also updated Sept. 14 to clarify when the leaf-blower bylaw was filed with the state.
