Town Meeting logo
Town Meeting logo

Session 1 speeds from private ways to dogs to vacant storefronts to arts

April 24, 2018

With efficiency, the 2018 Town Meeting voted to approve all articles through No. 18 (comptroller) before adjourning its first session on Monday, April 23. 

Lopsided votes for approval were cast in favor of articles changing how to deal with private ways, the arts, capital planning, animal control, vacant storefronts, protection for trees and the comptroller.

Here is a summary of the actions taken at the town’s 211th Town Meeting, its 81st as a representative body. The number in parentheses is the precinct the meeting member represents. 

Before consideration of articles — a relatively few 47 this spring; some meeting have had more than 90 — Finance Committee Alan Tosti had news: The Fincom had just voted to add $150,703 in increased Chapter 70 funding to the school budget.

Quote of the night

Town Meeting’s first night had one memorable quote. Near the end of a discussion of updating animal-control bylaws, Chief Fred Ryan was asked what he would have done at the Starbucks in Philadelphia in which two black men were arrested. “I’d buy them a cup of coffee,” he said to applause.

The article drawing the most discussion was 12 (improving private ways), but many of the comments were deemed beyond the scope of the limited changes sought.

Selectmen Chair Dan Dunn, who lives on Alpine, a private way, said the article’s main aim is to resolve several ambiguities and that further changes to the process were likely to be targeted in the future.

A private way is street that has not been legally accepted by the town as its own; it gets limited town services. Neighbors who live on private ways can get together and seek improvements. 

When private ways affect public ones

Dan Ruiz (15) wanted to know what happens when private way affects public ways. In his neighborhood, debris from a private way washes down during storms and clogs catch basins, leading to floods on a public way.

Town Counsel Doug Heim said the town could seek relief, but not under the betterment bylaw under discussion.

“I have video and photos to send you,” Ruiz said, as members laughed.

Jordan Weinstein (21) described a parallel problem: Nearby neighbors annually cover their private way with gravel, which ends up on the public way during storms.

Weinstein asked whether there were options to block the private way or ameliorate damage. Dunn responded that the short answer is “no” under Article 12, but this might be addressed in the future.

He asked whether the three towns could get together and share costs for improvements. Town Manager Adam Chapdelaine called it “very doubtful,” citing “no legal lever.”

George McGinnity (18) pointed to the main entrance to Arlmont, a private way used by Arlington, Belmont and Lexington.

From cooperation, McGinnity moved to a blunter tool: “Can we shut off Lexington?”

Moderator John Leone chimed in, laughing: “Put up a toll gate.”

Town Counsel Heim added his joke, saying he “favors socking it to Lexington when we can.” In all seriousness, he added that Arlington has no obligation to provide surfacing.

The article was approved, 203-5-0.

Issues with animals

Article 10 (animal control) drew a number of comments.

Asked about how many animals are left inside vehicles, Chief Ryan said he did not have that data.

Asked how resolving such issues by talking to those involved, Ryan said the overwhelming number of cases conclude through problem-solving efforts.

Ed Trembley (19) asked that if such issues are covered under state laws, why does Arlington need a bylaw?

Heim responded that a local laws in one place improve transparency and another method of enforcement.

Trembley wondered whether the bylaw might encourage police to break a car window and rescue a dog.

If the animal-control officer sees dog in distress, she contacts the owner, Heim said, adding that the town does not first resort to smashing windows.

Trembley expressed concern that the article is unneeded and may lead to pitting one neighbor against another.

John Leone, in his new chair, has a laugh. / Bob Sprague photoJohn Leone, in his new chair, was honored in March as the Chamber of Commerce Citizen of the Year. / Bob Sprague photo 

Zarina Memon (21) said she found “all these regulations” upsetting and hope the animal-control officer was present to explain them.

Annie LaCourt (15) asked about the ability of town officers to use the bylaws.

“Sometime I think we have become over-regulated society,” Ryan said to laughs. He noted that, in general, officers aim to apply the “reasonable-person standard.”

That led to his response to the question about the Starbucks case, adding that his officers are driven by values, not statutes.

To a query by Sophie Migliazzo (8) about unheated outside shelters, Heim said bylaws can’t anticipate every issue.

The vote to terminate debate was 204-13-0. The vote on the article was 201-17-0.

A few are exempted

Dunn called Article 11 (vacant storefronts) an attempt to improve a successful bylaw by extending the current period under which a landlord must notify the town about a vacancy from the current 21 days to 90.

Asked why 90 days is better, Chapdelaine said Ali Carter, the town economic-development coordinator, has found 21 impractical and the longer period more realistic.

David Levy (18) asked about the process of exempting landlords from the bylaw. Jenny Raitt, director of planning and community development, said three were granted waivers in past year — two for providing window space for art and one for hardship.

Levy ask about specifics. Chapdelaine suggested planning could issue a report annually reporting general information, but not those reporting health or finances.

The vote for the article was 212-5-2.

Arts’ website coming

Article 13 (ACAC) aims to corral the town’s arts groups under one umbrella. Dunn commended each of arts groups for work together for a single organization.

Bill Berkowitz (8) asked why the long-promised arts website had not yet gone live. Raitt said it is under development and would be launched by end of fiscal year, or by June 30.

Tom Michelman (7) asked how the new organization is structured and how it is supposed to work.

Heim called it a “complicated operation,” that had to maintain the long-established Arlington Cultural Council as the grant-making body, which it must be under state law.

LaCourt asked why it could not be just a cultural council. Heim said that the commission was required for state cultural-district membership, a process outlined by state law.

Ted Peluso (6) said the economic-development aspect of this article has not been emphasized enough. “This town has too many committees,” he said. “You got to get workers on the committee,” and that means finding the right members.

The vote was 209-2-1.

Trees, other issues

Article 14 (tree preservation) aims to improve a 2016 bylaw, which Dunn said “has not has impact we hoped.” The costs of the trees replaced far exceeds fines collected, he said, so the amendment increases fines to reflect a tree’s diameter.

John Ellis (3), of the tree committee, spoke in support, noting how the town’s tree canopy aids carbon sequestration

Paul Schlichtman (9) wanted to what DBH stands for. Heim spelled it out: A tree’s diameter at breast height

The vote was 197-4-0.

Article 18 (comptroller) is among a series of steps aimed at modernizing the town’s municipal finance.

Hayner (2) wanted to know would evaluated the comptroller. Chapdelaine said the deputy town manager/finance director will.

LaCourt asked whether, under the article, someone can act as a whisteblower? “Yes,” Heim said.

A Precinct 18 member asked which three Finance Committee members did not vote to support this article. Tosti declined to name them but characterized their views as believing the current system is better.

Charles Foskett (8) identified himself as one of the three.

Tosti made clear that the Fincom, as a whole, supports the move.

The vote was 197-10-1.

Article 6 (Capital Planning) would expand the body by two when required. The vote to support it was 212-2.

On a vote of 187-3-1, Article 7 (Town Meeting warrant delivery) was referred ton the Vision 2020 governance group for study.

The vote for Article 8 (fees on liens) was 240-10.

Article 9 (financial information) was voted 207-7-1.

The following articles, all recommended for no action, will not go forward as per voice votes for each:

Article 15 (noise abatement)

Article 16 (time of Town Meeting)

Article 17 (demolition of historic structures).

Tosti that he expected all budgets, except for capital, as well as Minuteman expect to be taken up Monday, April 28. 

Here are the votes from Session No. 1, according to the town website >>

Watch Town Meeting on ACMi

The general public can watch from the balcony or on ACMi, which broadcasts sessions live and provides videos >> 

In a preview to spring meetings statewide, The Globe’s Thomas Farragher reports in a column April 22 quotes John Leone, who runs Arlington’s Town Meeting and is president of the Massachusetts Moderators Association:

“You always pretend you know what you’re doing even if you’re not sure. You don’t let the crowd know.” (Now many of us know.)

“You have to maintain your authority,” Leone told The Globe. “The moderator does have the power to remove someone from the hall and have them detained for the duration of the meeting. But I’ve known of no one who’s ever invoked it.”

Not here, but elsewhere in the Bay State, as the column, a hymn to a New England tradition, goes on to detail.

Town Meeting meets every Monday and Wednesday at Town Hall until all articles in the warrant (agenda) are voted on. Each session begins at 8 p.m. and, in most cases, ends at 11. The official warrant showing meeting articles is here >> 


Reports to Town Meeting include: Board of Selectmen, Finance Committee, Community Preservation Committee and Vision 2020
 For all 2018 Town Meeting information, including members, visit arlingtonma.gov/townmeeting.
To sign up for the Town Meeting email list, subscribe here >> At the bottom of the page, select the “Town Meeting Members” box to subscribe. 

 This news summary was published Monday, April 23, 2018, and updated April 24.

Events

Free newsletter

Weather

Obituaries

Please Support Our Generous Sponsors

Judy Weinbger Leading Edge Real Estate logoIntelligent Labor and Moving logoArts Arlington logo
Go toTop