Arlington 360 at night, on the former Symmes site, as seen from Gray Street on Dec. 5. / Benn Craig photo
UPDATED: The selectmen have voted to release minutes of closed meetings held in April 2011 following a state decision that they had violated the Open Meeting Law.
The minutes in question were emailed to the complainant on Dec. 23. You may read the minutes below.
“The plain language of the decision of the Attorney General’s Office reflects that the board well respects the Open Meeting Law and appropriate and functional transparency in government generally,” Town Counsel Douglas Heim wrote Tuesday, Dec. 17, after his first meeting on the job.
“While the Board inadvertently entered executive session for a purpose which the Attorney General’s Office determined should have been kept in open session, members believed that they entered executive session for a proper purpose. As such, the board’s decision was not to appeal and move forward.”
The board had 20 days decide whether to appeal following the Dec. 2 ruling by the state Division of Open Government.
Asked when the minutes would be available, Heim wrote: “The executive session minutes are available upon request. Technically, the Board’s Office has 10 days to provide them in response to any formal request.”
Chris Loreti, the Precinct 7 Town Meeting member who filed the complaint with the state about minutes dealing with the former Symmes site and current Mugar property along Route 2, wrote Dec. 18 that he expected to receive the minutes in response to his request made last January.
“Now that that the selectmen finally seem to understand that they entered executive session improperly,” he wrote, “I expect them to provide me with a copy of those minutes.
“In addition, I expect the selectmen to post those minutes — and any other executive session minutes they have released–to the town website as required by Arlington’s bylaw on minutes.”
As documented in the first news story about this issue, Loreti’s pursuit of closed-session minutes of April 11, 2011, provide an initial, rare glimpse behind the scenes of some discussions about two large tracts of town land. These are the Mugar site, 17 acres between Thorndike Field at Route 2 that is the town’s largest undeveloped property, and the former Symmes site, 18 acres where homes now rise.
Just one set of minutes released
The Advocate reported in a front-page story Dec. 19: “All minutes from Board of Selectmen executive session meetings will soon be released for public review after a unanimous vote Monday night.”
That was in error. Marie Krepelka, the selectmen’s administrator, wrote Thursday, Dec. 19: “The only minutes that the board voted to release were [those of] April 11, 2011.
“The board also approved the executive session minutes of January 28, 2013, March 18, 2013 and June 3, 2013.”
Heim added Dec. 19: “[T]he Board of Selectmen voted to release specific executive session minutes, not all executive session minutes past or future.
“The town does not have to publish released executive session minutes, but it must make them available to anyone who requests them (as opposed to executive session minutes that remain sealed).”
Selectmen closed-meeting minutes, April 11, 2011
The following minutes were sent to Chris Loreti in December 2013 after the state Attorney General’s Office decided favorably on his complaint. He said the reference to the Mugar properties had been redacted and now it is not:
TOWN OF ARLINGTON
BOARD OF SELECTMEN
Executive Session Minutes
Monday, April 11, 2011
9:10 p.m.
Present: Ms. Rowe, Chair, Mr. Greeley, Vice Chair, Mrs. Mahon, Ms. LaCourt and Mr. Dunn
Also present: Mr. Sullivan, Ms. Rice and Mrs. Krepelka
Executive Session
Ms. Rowe moved to convene in executive session at 9:10 p.m. regarding Symmes and Mugar properties for the purpose to consider the purchase, exchange, taking, lease, or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body. The Board will come out of executive session only for the purpose of adjourning.
Roll Call:
On Ms. Rowe’s motion:
Mr. Dunn: yes
Ms.LaCourt: yes
Ms. Rowe: yes
Mrs. Mahon: yes
Mr. Greeley: yes
Mr. Sullivan updated the Board regarding the latest developments with the Symmes
Property. He stated that Upton, Pulte and others were interested in purchasing the property. Jefferson Apartment Group (JAG) is a partnership of former JPI people who were under contract to purchase the note from PNC Bank on the Symmes site. He noted that JAG would need to amend the land disposition agreement.
Ms. Rowe updated the Board that a residential developer is interested in talking to the Mugar owners regarding their desire to develop some of the land at said site.
Mr. Greeley made a motion to adjourn executive session. SO VOTED (5-0)
Roll Call: On Mr. Greeley’s motion:
Mr. Dunn: yes
Ms. LaCourt: yes
Ms. Rowe: yes
Mrs. Mahon: yes
Mr. Greeley: yes
The Board returned to open session at 9:50 p.m. in the Selectmen’s Chambers.
A True record: Attest:
Marie A. Krepelka
Board Administrator
Next meeting of BoS April 25, 2011.
RELATED LINKS
Dec. 10, 2013: State says selectmen violated meeting law in 2011 Symmes, Mugar discussions
Dec. 26, 2012: Symmes’ developer records released after 17 months
Aug. 6, 2012: Ex-board member makes case that Symmes records are public after town counsel says no
July 16, 2012: State orders board to turn over Symmes project information
July 5, 2011: Redevelopment Board to choose Symmes developer after selectmen recommend Upton
This story was published Wednesday, Dec. 18, 2013, and updated the next day as well as Dec. 23.
