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one. Good evening. I'm Bernard Green, chair of the Brooklyn Select Board, and this is the meeting of the select board for April 29th, 20125. Uh let's start off with announcements and updates from the select board. I'd like to just uh give
my appreciation to Mike Sandman who will be uh attending his final meeting of the select board before he goes off into retirement from town uh uh town government. and we appreciate uh your your your insightful understanding of
complex issues facing the town particularly financial issues and and those related to um organizations and businesses and transportation and etc. Uh so you know thank you for all you've done. Um thank you for the uh little
gift here but curse you for that. I may eat it all tonight, but okay. Anyway, um yeah, I I hope you stay around and and uh provide your your uh understanding expertise um
to other projects around town other than the select board. Now, you you may see a public comment on Oh, welcome that. Complimenting us on uh actually Mike Will you move the mic to you? He's still learning. Last
reminder. Still learning all these years. Um uh I do have a couple things. I'd like to Okay. I'd like to say thank you to a couple of people. Before that, I do have an announcement in the usual form. Um uh I think I think um some of you
know, but in any case, members of the public town school partnership committee agreed yesterday on a way to close the school's uh budget gap. It still leaves the schools with a 1.18 one basically $1.2 million amount that um can be
covered by tapping uh FY27 state circuit breaker funds uh in using those funds in FY26. That use of next year's circuit breaker funds will need to be offset next year probably as one part of an override on the May 2027 ballot. that it
does close the gap un unless of course the school committee goes back and looks at some other measures that it's perfectly uh um perfectly entitled to take. Um on a somewhat different note, there was a ribbon cutting today at the grand opening of the New England pharmacy at
1655 Beacon Street that uh I attended. It's in Washington Square uh very close to Golden Temple. It's not often that a new independent pharmacy opens up anywhere. Um there is a similar um very successful independent pharmacy in Newton Center and that's a good model. I
think that there they appear to be following that and uh wish uh New England Pharmacy great success. Great. Thank you. Um and this is the last thing I want to say is this is my last select board meeting as a member. Um although I
may as I say reappear from time to time. Uh I made a list of the things that we all accomplished together uh in the last three years, but don't be afraid. I won't read the whole list. Um I do want to highlight two uh accomplishments. Uh one was hiring Chaz and the other was
retaining Melissa Goff as our um deputy uh town administrator for uh finance, administration of finance. Um, I want to say thank you to the voters who elected me three years ago, to all of you on the select board, my colleagues past and present for being uh agreeable most of
the time. Um, uh, even though when we uh, we disagreed. Uh, and to Chaz, Melissa, Charlie Young, Tiffany, and Kate McGovery, and to the department heads and staff who really are devoted to making Brookline uh, work. Um, a few people have told me that I'll be missed,
and that means I'm leaving at the right time. So, thank you very much. Thank you, Mike. Don, um, I just want to add a note of my own. And, uh, I want to thank Mike once again for somehow
miraculously wearing nearly the same pattern of shirt as I am wearing. or maybe I'm wearing nearly the same pattern of shirt that you and to people who have asked um over time, no, we do not consult with each other before the meeting to make sure that we dress
alike. Um and um yes um it's okay to mistake Mike for me or me for Mike as long as when you mistake me for Mike, you're remembering all the good things you like about Mike. Um and he probably feels the same way about when people
mistake, you know, um him for me. So, um, uh, I'll miss I'll miss you, Mike. Um, not sure I'll miss having someone else on the board that people keep confusing me with, but, uh, you probably won't miss that part either. So, uh,
best of luck in your endeavors. I I the my favorite part of what you've said so far and what Bernard said as well is that this is far from an ending. um you know it's a beginning of a different chapter in which we'll be no doubt um
engaging you and hearing from you many times in the future which is is going to always be welcome. Thank you. If I can add, many years ago, I think you may know, um, I was confused with Ben Franco, member of the select board, and
I must say, every time I tell the story, you both had bald heads. That's about the all only thing we had in common. But, uh, it was always fun to, um, people confusing the two of us. You all, you can always tell that story
because yours is even better than mine than Mike's. So, okay. So, uh let's move on to unless anyone else has any comments or just a one quick update. Um you may have noticed if you go online today that the
town's website has been updated. Um there's a new um color scheme and redesign um and a new logo at the top. It is not a replacement of the town seal. It is an addition to the town seal. It's a design that was uh uh
worked out over many months. um of public engagement. Uh we had hundreds of public comments and responses to it. We talked with department heads. Uh we had the very helpful input of select board member David Pearlman. Thank you for your leadership on this. And then Tiffany Oliva and Christina Metaf, our
communications officer, who took point on this and really did a great job with it. Um I know one of the things that we always get when we announce something that is aesthetic is well, you know, is that the highest and best use of your time and money? Um, I would say in this instance, we are very careful budgeters
on our end in the select board office on how we spend our limited resources for development. And I will say that one of the most important things in Brookline's long-term stability is to make itself a welcoming and modern place to come and live and do business and be seen as that
sort of uh open and engaged place and doing the branding work necessary, updating the website, making it better. and we're that's a continuing effort to make the website better, more open, make the licensing processes better and more open. The logo design is part and parcel
of that. Um the investment was minor and the payoff from it I would hope is that we are going to have uh wider um and hopefully better public presence to project out uh into you know Massachusetts and beyond uh as a place
that people want to come and live and work and do business. So, I do appreciate when folks reach out and say, "Is that really what you could spend your money on?" The answer is we budget very carefully to make sure that for things like this, we have money available to take the opportunity when
we can. Um, and we think the payoff for it is really important. Um, so I do just want to be sure that folks know that we absolutely hear your concerns on that. Um, but we also thank you for your engagement in the process. You made this really a beautiful um, upgrade and we're
very happy to have it. So, thanks to the whole team to make it. Thanks to the community who um provided all the input and um we look forward to continuing to project our our brand outward um as a great
place to come and live and work. Right. Okay. Um next public comment. Uh Tiffany, would you read the rules for public comment section? Thank you for joining us for public comment. This is an opportunity for us to hear your perspective on the issues in Brookline
that matter to you. Each person speaking tonight is limited to three minutes. You don't need to use the entire time, but you may if you like. Once has been met, there is an opportunity at the conclusion of the select board's business for additional comments. Members of the public sometimes raise
questions during public comment. We may be able to provide a quick answer to a question, but are more likely to work with staff to get a more thorough answer and respond over email. The on-screen timer will flash orange when you have 30 seconds remaining and when your time is nearly up. Please conclude your remarks at that time. If you have more to say,
you're welcome to send an email to board members expressing your thoughts in greater detail. Any person speaking must begin their comment by identifying themselves with their full name and either their Brooklyn precinct number or street address. And the first speaker is Daniel Lipton.
Good evening. My name is Daniel Lipton. I'm a Brooklyn resident in precinct 10, a Brooklyn teacher and parent, and I'm here to advocate for our schools. Uh, once again, through a song, uh, please excuse my singing. How many times must
our schools face the threat? Before we stand up and show we won't forget, how many cuts must community learning endure before we protect what we truly adore? The answer, my friend, is we need fully funded schools. The answer is fully
funded schools. Brookline's adult and community education. A gem bright and clear, enriching all ages, bringing knowledge so dear. Vacations bring students, many on scholarships with potential so bright. But budget cuts threaten to dim their true light. The
answer, my friend, is we need fully funded schools. The answer is fully funded schools. Equity matters and on this Brooklyn adult ed is strong. The hardworking based staff shouldn't be treated wrong. Forwardthinking programs
that help people grow. Pausing means losing what we've come to know. The answer, my friend, is we need fully funded schools. The answer is fully funded schools. How many voices must rise up as one to protect learning
before the damage is done? Our schools are our future, our hope and our pride. We'll fight for base with passion inside. The answer, my friend, is we need fully funded schools. The answer is fully funded schools. The problems we
face are unfortunately quite clear. We keep making the same mistakes over and over each year. Cutting class sections such as grade two at FRR because sizes seem small. But the data shows many kids always moving over the summer. After all, the answer, my friend, is not to
cut staff now that will be needed in the fall. Don't cut staff that will be needed in the fall. We can't keep playing the same song over and over again. If we don't solve it now, then when the school's problems need to be fixed now, we come to the select board
to ask you to think of how. Making FR5 sections and keeping base are parts of the issues we face. But the overall budget needs to be fixed and remedies put into place. Keep social workers and all of our staff so our school quality isn't fading. Do we care more about our
kids or our bond rating? Are we about money or are we about heart? Will we let our schools fall apart? What are all these cuts saying about Brookline? Is the almighty dollar truly our bottom line? The answer, my friend, is fully
funding our schools. The answer is fully funding our schools. Our schools need your help. We're begging on our knees. Find a way for us forward. Please think outside the box. Do what you must do to bring in more revenue. Daniel, that's
time. Thank you. The next speaker is Janice Khan. Okay. Thank you very much. Um, I wasn't actually planning to speak tonight and um and um but I was moved actually to follow town administrator K's comments
earlier is that I was a skeptic about rebranding Brookline. I was um but I have to say that I'm so impressed with the result that happened that um I really feel that it fits so well with
our comprehensive planning effort that it unites South Brooklyn with um an image from Lars Anderson with North Brooklyn. It emphasizes our um our green
initiatives. Um, so I have to say that I am I'm really delighted with the outcome and I hope it doesn't indeed um do what it's setting out to be which is to create a a sense of wholeness and and
community. I will um do also since I have more time I do also want to address um adult ed. I really feel that as a community this size that we are, it's really important for us to have a robust um adult and community education program
and I hope that we can find a proper home for it here in Brooklyn with proper um support that it's something that um that people of all ages can participate in. And I think that's really really
important again as a holistic part to our community. So thank you very much for the opportunity to comment. Thank you Janice. Um there are no other speakers who signed up in advance of the meeting. Uh is there anyone else in the
room who wishes to speak during public comment or online? If so, please raise your hand using the r the hand feature or make your presence known. Okay, it looks like no one else is indicating their desire to speak. Thank you. Next, our miscellaneous calendar
starting off with minutes for April 8 and April 15, 2025. Any corrections or additions to the minutes? Seeing none, I move approval of the meeting minutes for April 8th and April 15, 2025. All in favor, please
indicate by saying I. John Vansek, I. Michael Sandman, I. Paul Warren, I. David Pearlman I votes I. Next I'd like to move approval of items 3B to 3N in omnibus fashion after taking
item 3B out for a reading and 3J out for questions and discussions uh and discussion as requested by John Vancoyak. Um so first of all item 3B is a proclamation
uh that um we were asked to prepare um by a Taiwanese civic organization. Um, I just want to note that I actually had to negotiate uh this proclamation with them to make sure that
um we did not sort of find ourselves in the middle of contentious geopolitical uh issues and struggles. And going forward uh we will be working on a policy for these countrysp specific
proclamations that are uh appropriate uh especially where we have residents from the country uh here in Brooklyn. So with that uh our introduction I'm going to read the proclamation of the Brooklyn Select Board uh regarding Taiwanese
American Heritage Week. Whereas America is continually renewed and enriched by the many different people who have chosen to immigrate to America. And whereas each person has brought part of their own heritage which over time became part of our common American
heritage. And whereas generations of Asian immigrants including Thai Taiwanese immigrants have helped make America today what it is. And whereas there are more than uh more than 500,000
Taiwanese Americans in the United States with a significant Taiwanese American population in Brooklyn, Massachusetts. And whereas Taiwanese Americans have made enormous contributions to the culture, diversity, and prosperity of American
society. And whereas Taiwanese Americans have consistently contributed to the promotion of democracy. And whereas Taiwanese Americans have succeeded in America as successful and notable artists, Nobel laureates, scientists, researchers,
scholars, professors, human rights activists, and business leaders. And whereas Taiwanese Americans are proud of their roots and of the vital role they have played in the growth of America. And whereas the year 2025 marks the 46th
anniversary of the enactment into law of the 1979 Taiwanese Relations Act, which together with the 1982 six asurances forms a cornerstone of US Taiwan political relations. And whereas the
Taiwan Relations Act among other things highlights the importance of commercial, cultural, and other relations between the people of the United States and the people of Taiwan. And whereas Taiwanese American Heritage
Week is celebrated during Asian-American Pacific Islander Heritage Month each year by Taiwanese civic and cultural organizations. And whereas Taiwanese American Heritage Week recognizes the rich cultural heritage and long-standing
friendship between the United States and Taiwan. And whereas during this special week, Taiwanese Americans are able to embrace America's uh diversity and celebrate the spirit of community that binds us together. Now therefore, on this 29th
day of May, 2025, the select board of the town of Brooklyn, Massachusetts does hereby proclaim May 11 through May 18, 2025 to be Taiwanese American Heritage Week in
Brooklyn and encourages all residents to observe this week by learning about Taiwan, its people, and their contributions to America, and to Brooklyn, and by participating in appropriate programs, ceremonies, and
activities. So, um I think it's very important to, you know, each of these proclamations to sort of recognize um the diversity of uh our residents and and their heritage and and to
um to really uh what am I trying to say? to really uh speak up uh for for their culture and heritages, especially in this period when there's such an attack on uh
diversity and um both political diversity as well as cultural uh diversity. And um you we need to stand up and make it clear that uh we respect and honor uh the differences of people
in our community because those differences make us strong. Um and matter of fact, failure to to recognize those differences weakens us in so many so many ways. So, um, next, John, do you want to talk
about, uh, I I would like I would like to, as it happens, um, there was a a late note that I sent to Tiffany. I just want to mention it. It's nothing not a huge deal, but in 3H, um, there's a cover letter that refers to the contract
that we're asked to approve in 3H um, as being for work. Um, and I'm I'm quoting here, uh, on Chestnut Hill Avenue from Route 9 to the Newton line and and I I'm quite certain that was meant to say Boston line. Um, so if the, you know,
staff could check into that and just make sure that that's corrected. U, but that's not the main reason I asked to speak and that's not the item I asked to speak on. Um, the item I I asked to speak on uh, is was it 3J, I guess. Um,
and I I prepared my comments um, in writing and I'm just going to read them so that the record will reflect, you know, that I'm being consistent between what I sent to my fellow board members and what I'm saying at this meeting. And so here goes. Um, I wish to seek
consensus on a modification of our procedures regarding consultant contracts such as this one under 3J 3J. Uh the immediate concern is the KDson contract under 3J but the broader
concerns are these and I've listed two. Number one um for all consultant contracts funded from operational budgets uh I believe we should seek an assessment by the requesting department as to whether the consultant contract
connects clearly to an operational need. That's the important word operational need. And further that the operational need can be met only by an outside consultant. That's number one. And number two is for all outside funded
consultant contracts, we need to have um outside sources identified, outside funding sources identified, are they um a a grant of some kind, a state um appropriation, a federal appropriation? Um, and we need to do that in order to
assess if acceptance of the grant will commit us to matching funds, including future matching funds. Now, here's my explanation of these two um requests. Um, in the case of the KDson contract under 3J, uh, there are two ongoing
processes currently that could come to very different conclusions as to the desired and buildable, in other words, feasible future development of Chestnut Hill West. Um the Chestnut Hill working group process which Mike has been a very
important part of um seems focused on an outcome that could be significantly different than the EDAB um economic development advisory board subcommittee process. They appointed a special subcommittee just to look at Chestnut Hill West. The two results would likely
require very different traffic handling and it's possible that neither result or both would hinge on elaborate transportation network reinvisioning in order to move forward. How? However, there's no urgency for now in doing a
study of trans of capacity of the existing transportation network by KDson because we don't know if it will be responsive to the future path of development because we don't know what that future path is. Nor do we know if
the study would need to be repeated um because of outdated findings. These studies once done, you know, tend to sit for a while before their results are taken into consideration. And of when you're looking at traffic transportation
network capacity, um that could be a very different thing two or three years from now. In general, this is my final point. If the dollars spent are grant specific and and come from outside funding and will be lost if not used for the requested purpose, we will need to
know this. If the dollars are from operational funds budgeted for consultant studies, we need to know if they could instead be used for alternative purposes of a clearer operational benefit in the year that they are spent. if deemed essential in
order to accomplish some future purpose, we need to hear the the case made so that we can get the best use of dollars invested in future purposes. And forgive me if that isn't clear. What I'm saying there is that
um there are many possible future needs for us to do some you know consultant-based planning at this point. But what are the other, you know, um, future needs for consultant-based planning that, uh, maybe aren't getting funded, whereas this one is? And have we
had any chance to kind of compare them and prioritize them? Um, and, um, in conclusion, I don't believe that the KDson contract in front of us meets these above thresholds. And so, we'll see how, you know, what the other members of the board think about this, but I thank you for your attention to
these concerns, Bernard. Yes, Mike. Yeah. So, uh, John and I have exchanged, um, a couple of emails on this and, um, I think it's actually beneficial to have this discussion. Um, and I think you're right that
indeed, um, we should know when grants come in whether a grant is for 90% of something or 100% of something and what it obligates us to and so forth. I It's very appropriate. Um, Edab's uh, subcommittee um, started
off looking at the question that was asked by both Edab and people in the neighborhood about Chesn Hill West. Um if you look at the current zoning, is it uh economically feasible to uh develop that project within that envelope within
that zoning envelope which is currently restricted to office only uh and I believe um maximum height of six stories uh and an F I forget the F uh 1.25 something of that sort. Uh anyway uh and they looked at it and they
came back and said no it's not. Uh so that was their primary uh task and now they've gone on to say um well let's think about what kinds of densities might be uh economically viable what sort of f um and and from that you
derive ultimately derive height the chestnill west study group is with the staff's help looking at zoning and unless we and for that matter EDAB understand what the traffic capacity is
of Route 9 in particular uh and Tully Street um is a is an important piece of that as well. Um unless we understand uh what the traffic capacity is and uh uh whether uh whether X amount or Y
amount of density will um uh will work basically on that uh on that stretch. um it's really not possible to do a proper job setting up zoning. So uh the question is what's the cart and what's
the horse uh and the view of the staff I believe and I think the the view of the neighbors who have asked for this and the view of the developers who not just city realy but also uh the growth companies which owns property on both
sides of Ty Street uh and other land owners is we have to have a transportation study before we can sensibly do any sort of um planning. that will result in um uh result in allowing a higher level of density than
the uh current zoning does. Also note that Meredith Mooney from economic development and Amy Engles from transportation are both online if you have any questions there. Do they want to comment? I wonder. Meredith or Amy, would you like to just comment? Certainly. Um good evening.
Meredith Mooney, economic development director, um, managing the Chestnut Hill commercial area project. I would, uh, thank you for the raising the question. I would just refer the select board back to the project scope for the Chestnut Hill commercial area study um, which the
select board approved back in November 2023. So, the final deliverable for this project is a report that includes a set of recommendations and implementation measures. Um, and so I just wanted to quickly run through and kind of connect the dots between the scope of work in
the transportation study that you're considering the contract for this evening and that original project scope for Chesnut Hill. So the final report will include uh to the select board will include um recommendations, implementation measures and if appropriate a reszoning proposal and design guidelines for town meetings
consideration. And in terms of the study process, we did set the expectation that in terms of collecting and analyzing data, staff would review existing conditions, including amongst other things, infrastructure capacity, pedestrian and bike safety, connectivity, and other issues related
to the built environment and user experience in the Chescent Hill commercial area. And then in terms of formulating strategies based on that analysis, um staff will study the feasibility of different policy recommendations, redevelopment scenarios and infrastructure improvements aimed at improving the appearance, function,
connectivity and safety of the corridor. Um and then in terms of the methodology standards, expectations, we did set the expectation that qualified consultants would be hired to advance this work. So I I do feel that um you know the the scope particularly
for phases one and two which is what the contract before you is for this evening um a lot of that was contemplated and explicitly addressed in the overall study. Um so we do feel that this is important and budgeted in terms of um the resources we had available within the economic development division and
planning department in terms of consulting dollars. You know these were prioritized for this transportation study. Yes. May I ask a question? Sure. Thank you. Um, thank you, Meredith. So, um, I I want to admit that when I, uh, when I read this, I had I didn't have John's
broader concern about how we're handling these types of things and funding. But I did I did have a question similar to maybe John raised as part of his memo, which was, and Mike, as you mentioned, the cart before the horse a little bit here. Um, you know, phase one seems
logical. what's the existing conditions so we know you know current patterns and volumes and stuff like that phase two seems dependent upon whatever comes out of the Chestnut Hill quarter study group and I I don't where can you tell us
where that's at Meredith um with respect to the design how far are we 10% along 50% along 80% along how far along are we with an agreement as to what will be done up there So, uh, in late March, um, we presented
a, uh, draft resoning framework to the Chesn Hill Community Advisory Group where we presented three proposed overlay zones, um, and introduced the concept of maybe exploring a plan development area, which would be a new tool in the town zoning and process um,
toolbox um, to address some of the concerns and issues we've been grappling with as we work our way through the study. and we received good feedback from the community advisory group. We also presented sort of the broader scope of this proposed transportation study um to the community advisory group as well and they felt that this was moving in
the right direction and encourage us to move forward with um consulting with the economic development um advisory board subcommittee for Chestnut Hill um and do some additional staff work to flesh out that resoning framework. Um so that's an encouraging update. Um I you know it's a
staffled exercise. So you know what EDAB was discussing in the subcommittee is directly in response to the draft resoning framework that we presented to the community advisory group. Um in terms of you know I think we always and it's been very clear
given route 9 is such a central part of the study area. Um, and there is certainly consensus that there could be tremendous upgrades in terms of pedestrian safety um, and making the area safer and more comfortable for all multimmoal users because it's really
important to support the economic development potential of the other side of um, Chestnut Hill that you have that connectivity between, you know, the street and Brooklyn side of um, Route 9. So, um, you know, the phase 2 recommendations, that's what we said we
were going to set out to provide within the scope of this study that will identify infrastructure improvements that we need today in order to make the area safer. Um, and then sort of uh as the the other thought was, you know, this is different in terms of other
reasonzoning efforts that the town has undertaken because we're not talking about just one specific project. We're talking about the entire commercial area um with many different commercial property owners and the potential for many redevelopment projects. So I think Can I do a time can I do a timeout Meredith for just a second because I
you're I'm sorry I'm not sure you answered my question but I appreciate the information that you provided. Um I asked what percent complete is the current proposal uh for the Chestnut Hill study area? Do we have a proposal in place? Is it it it sounded like we were maybe going back to
the drawing board? I think but I don't know if that's completely true and the reason why I asked that question let me connect the dots for you and phase two is about really what designs are needed for multimmodal transportation and walkability based on what's going to be
what's the vision for that area. We don't have the vision yet. So how can we initiate a study of safety multimotal capacity and safety improvement plans if we don't yet know what's going to be there? If it's residential, that's much different than mixed use or 100%
commercial. And right now, we don't know what's going to be there. Correct. I think uh Go ahead, Meredith. So, I mean, in terms of the potential uses and for commercial redevelopment in the
section of the study area closest to the new line, um you know, there's it's going to be a mixeduse redevelopment project. Um, and there are going to be certain parts of the study area that lend themselves better to certain types of commercial uses than others. We have a sense of all of that at this point in
terms of um, really fleshing out the comprehensive zoning details and dimensions for every one of those overlay zones. We're still working on that. That's a work in progress. Um, but I I do feel that the, you know, the the transportation part and in gathering
community input, we have a sense of sort of what the needs are. And phase two would provide some more specific re recommendations and design concepts to um you know set out that priority of here are the changes that need to be
made along Route 9. Uh basically I think whatever you do whatever is done um in along Chestn Hill West one of the if you look at the uh the flow of traffic there and the difficulty that pedestrians have
going across um that's certainly something that will emerge from phase two is what kinds of solutions might make sense there and whatever we do we know that there is or we hope that there will be substantial development especially on the west end of of the
site and then in the middle of the site additional development. Um so we know that there will be u more density and presumably more people wanting uh to uh to cross. And Mike, you've been really close to this. So this and I appreciate
um having the opportunity to ask you a question about this. So yeah, Route 9 g given that that's a state, right? We have no control over that, right? So I mean you list you look at all the partners here that are listed mass department of of transportation mass department of recreation uh Newton on
the development side if we do a study and we have a plan what is the ability of us to even affect change there okay I'd like to answer okay I I think I can answer that but go ahead chass um I think it's you know as as with anything
if we don't go to them with a proposal if we don't have anything then the answer is zero um but if we go to them saying we have a knowledge of how we're going to reszone this. We have a knowledge of what even as Meredith said more generally is going to go in place here which is additional mixeduse development that will increase the
density in the overall neighborhood that we then also have phase one which is the current state the current state assessment analysis there which I'm fine with. Yep. Phase two you got to remember is this overall is projected to take around seven months. So if you figure phase one is going to be a couple of
months before it's done at which time parallel to this we're still we're going through this we're going through this process we're going to have increased feedback and we're going to have an even sharper sense of what's there this allows us to proceed to phase two and make sure that the traffic development
is proceeding part and parcel with the zoning development. Jess have we have we sorry I I want to add to that if you don't mind. Sure. Um uh you mentioned um department state department of trans you know transportation and Newton and in fact we've been in touch that was my
next question uh with uh because and I must say that it's very fortunate that Newton's attitude is yeah let's get together on this and we can work together to get to persuade the state to do what we both both communities need. That was my next question is have we approached Newton asked to do it
jointly? Yeah. And they've said yeah. So they're a part of this. Absolutely. We're we're spending on this. It's our side of the line, but they're committed to being a partner with us and going to the state and asking for improvements to Route 9 after we do the study. Yeah. But they're not helping to do the study. No,
they're not helping to fund it. Okay. Of course. Their their end of the line is in better shape than our end of the line. Uh since this is my might I offer a few thoughts on what has been said or or David. Yeah. Well, I I have a question actually
about phase one. So, in reading through exhibit A, and I appreciate its inclusion, that's very helpful in terms of scope of services. It references the CTPS 2020 Route 9 corridor study, and there's some specific language about
incorporating collected counts of traffic from that 2020 study. It also mentions adopting the modeling of the 2020 study. Uh, and I'm just wondering about how how much of the 2020 study would we be repeating? Why would we be
adding the 2020 count? Is it for comparative purposes to what would be counted in 2025 to try to measure if there's been any change uh one way or the other and in which direction or are we just doing the same study twice? Definitely not doing the same study
twice. For one, for one thing, a lot of the roadways that are on this new advanced study are not part were not part of the original 2020 study. But I'll let Meredith or Amy talk a bit more about how the, you know, what the purpose is here and how that informs but doesn't necessarily duplicate that work.
So the 2020 um CTP essay for Route 9, it in it included the entire stretch of Route 9. Um, and I think the data might have actually been collected in 2018. So at that at this point, you know, we're several years out from that data collection. And in our initial
conversations with Mass DOT as we were kicking off the Chesn Hill commercial area study um and wanted to get a sense of um you know the viability of some of the recommendations uh initial recommendations included in the CTPS work. We were given the feedback of some of those recommendations are already
outdated and mass DOT policies have changed. So, um, not only do we need sort of a scope of transportation study that reflects the broader commercial area, um, that extends beyond just the Route 9 corridor, um, I think it was important that we get fresh data, um,
and that we, um, you know, the recommendations are aligned with existing policies at Mass DOT, that we would be able to work with them to advance. Um, and I I do think we did want to make note and u make sure that the consultant was aware that that data and those recommendations were resourced
so that um there could be points of comparison drawn um and maybe identify any trends if in comparing the fresh data um there's some interesting takeaways from those comparisons. All right. Right. And then just in terms of the geographic scope, uh, so Woodland
Road is included as a part of this study and also even the intersection of Hammond and Woodland. And that seems like quite a bit of a distance from the commercial area. So I'm wondering if you could speak to that. Certainly. in the community input process and during
public comment um throughout the community advisory group meetings, there's been a lot of reference to um Heath Street traffic and sort of how traffic connects from H and Palm Parkway um and flows through the study area and the residential areas abuing um the
Chesn Hill commercial area and connects to Route 9. Um, so we thought it was important to capture that um other potential connection and uh a cut through um that people might use as an alternative to Route 9. Yeah, John.
So I do want to thank others for the comments that they uh made, but I I fear um if I don't say a few words about this, people might lose sight of the big picture here. Um what what we've heard described in these comments is very
familiar. It is an approach to development that takes uh situations such as the availability of commercial land um at a key spot on Route 9 in Chestnut Hill and the
potential to develop that land to the benefit of the town. And it's an opportunity to be seized. It's an opportunity not to be missed because we desperately need commercial development and I put the emphasis on commercial. the the other committee, not
Mike's, but the other the EDAB committee that is working on this. Uh it's the first time in a long time that I've seen a committee of really top level development professionals. Everybody on that committee is a top level
development professional get excited about the development potential of a of a parcel in Brooklyn. And there, if people would go to the tape of that committee's most recent meeting, they would hear people say things like, "This
is the most excited I've been in a long time." You'll also hear them specify that they they want to if they can come up with a plan for that area that is extremely ambitious in terms of the amount of commercial space, which is the
part of development that we need the most in Brooklyn. Got to say that over and again. um they want it to be by far the greater portion of the development on that parcel. They think that the amount of square footage that might be
developable on those parcels uh is very significant, more ambitious, I think, than um what has been contemplated by Mike's committee. Um, and they would they they intend to go forward to do the best job they can of presenting the town
with a proposal for viable, economically feasible development that would spur the developer to develop and also provide benefits to the town. What tends to over time and if you look historically at
development processes in Brooklyn, what kills them is when we go outside the parameters of what do we need on these parcels? What is developable on these parcels? What would be of interest to
the developer? And you know cause them to say yes, I'll take the risk. I'll do the development. And then we expand it to oh while we're doing that why don't we solve the traffic congestion problems on Route 9. As as Paul points out Route
9 is a state highway. I was on I was chair of the lower boilston study committee which came to sort of a dead end. One of the major reasons we came to a dead end was because everything that we looked at in
terms of how changes to Route 9 might actually improve the chances of development adjacent to Route 9 hinged on the Department of Transportation at the state level. And every time we brought that up, the answer would come
back. We have no idea how many years it's going to take for them to come through with their commitment to re restoring and improving that part of Route 9. So waiting for the state to get
involved is a sure way to just bring bring a project to a screeching halt. partnering with neighboring communities and becoming dependent on that partnership. It's another way to bring them to a screeching halt. Trying to figure out how MBTA uh services in that
corridor might be improved. That's another way to bring a project to a screeching halt. Um Mike said, you know, we don't want to put the cart before the horse. We don't know what the horse is. EDAB has the potential to, you know, come up with a really exciting horse.
Maybe Mike's committee does too. Once we see those proposals, we may come to the conclusion we can't take on all of these improvements to the transportation corridor. Um, and we don't have to. You know, most developments go forward
without tackling the entire network of transportation in the area and solving all of their particular problems. the Heath Sheath development is going forward without any of this being burden burden being placed on it. The
development at the corner of uh Boilston and Hammond is twothirds of the way up and and it went forward without any of this being put on their back. Um I I don't think this study is going to in any way improve the chances of us
getting some some uh real uh consequential development at the at that site. So, actually you have it backwards because we've been told by um the land owners, the commercial land owners plural, that they want to understand
what can be done before they're able to make a commitment to develop anything because they're concerned that whatever development they do will cause Route 9 to choke and that people will avoid it. So basically I you said something that
is right on target. Most developments go forward without solving the traffic problems. That's correct and that's a problem uh that develop subsequently that that that that creates uh creates problems. Here you have a situation
where the land owners know that and it's not just a corner uh development but rather the whole stretch from basically the Newton town line Newton City line all the way over past
Hammond Street another block that whole stretch needs to be considered as a unit. Um as Paul has talked about you need a vision for the whole thing. In fact, u we have a I think it we have a pretty good sense of the vision. The
vision varies depending on where you are in that section, but uh a vision for how that should all be developed. But we need to know that um we'll be able to convince somebody to build something uh in in that corresponds to that vision um without freaking them out about the
ability of their customers to get there and get out. Did he say this at a public meeting or just in a private conversation with you? I've heard from someone on your committee and I've heard from the chair of the EDAP committee that neither of them thinks this is a a
necessary element of their work. Um, and it makes me wonder once again, why are we going ahead and approving this? I I don't know who you've been speaking to, but all I can tell you is that the committee itself has discussed the need and the urgency actually of having a traffic study. Yeah, we've been pushing
as a group. One individual may disagree, but uh as a group that committee has been uh has been very very very interested in getting this study done. John, are you asking for a separate vote on this um contract? Well, I I think that would be a good way to proceed.
Yeah. And if people vote for it, they vote for it. I'm going to vote against it. Yeah. Paul. Yeah. So, um this first of all, I I want to thank John for for pulling this out and this isn't important. These types of contracts that often we approve as part of the consent
agenda are really important to have in-depth discussions because they have a long-term implication. I I really appreciate David uh pointing out uh that the study area um in attachment exhibit A is actually beyond Route 9. Um it it's
it's the surrounding area. And what um what I I I think I'm realizing is that this is about what would the what are the what's the potential and how would you integrate development at that entire site into the neighborhood. Um I'm I I appreciate John raising EDAB. Um I'm not
a big top- down uh uh uh approach to development where I I don't think ED eB can make recommendations but I think we need a bottoms up uh vision for the from the community as to what should be done here including the partnership with the develop with the developer including partnership with planning including
partnership with EDAB for their input um but you know um I I don't think EDAB should be the key driver here uh for what happens in in this area. Um, and I so I at this point I think I'm inclined to support it because it it really is a
study that's meant to figure out how do you integrate the proposal into the neighborhood so that so that it's it works and it's feasible. Um, I appreciate John the issues that you're raising also from a longer term perspective how we should consider these types of proposals but for this
particular one I think I'm I'm probably inclined to support it. Okay. Uh, with that, why don't we move on to U items uh 3B through 3N excluding 3J and I'd like to move approval of those items
excluding 3J. Uh, all in favor, please indicate by saying I. John Voyette, I Michael Sandman I, Paul Warren, I. David Pearlman, I chair votes I. Uh, so next, uh, item 3J. Um, taking no further discussion. I'd
like to have no further discussion. I think we figure out what where we are. So, um I move approval of item 3J, question of approving contract PW2534 Chestnut Hill Commercial Area Transportation Study with KDSON
Associates in the amount of 132,469 for phases 1 and two of the study. All in favor, please indicate by saying I. John Vancoyak and no. Um Michael Sam, I. Paul Warren, I. David Pearlman I and chair votes eye. Thank
you John. Thank you. Okay. Next uh our regular calendar boards and commissions interviews. Uh first we have an interview uh with the um with an applicant for the tenant uh uh slot on the board of trustees of the
Brooklyn Housing Authority. And that is Karen Rojos. Is she in the room? Karen is online. Karen, you've been promoted now. You should be able to start your video. Um, can you hear me? Yep. So, um, first I'd like you to sort of introduce
yourself and why you're interested in being on the board of the housing authority. And then I'm going to ask you a couple questions which I I'm trying to make consistent with all of the applicants so that it's a fair we have a fair way of uh of um assessing people.
Um so tell us about yourself and why you want to be on the board. Sure. So my name is Karen Patina Roas. Um I have a bachelor's in economics. Um I did an internship for the governor's
office. Um and that um made me realize that I have a passion for my community. Um I've been a Brooklyn resident for four years now. two years ago, I did um a leadership
internship with Women's Thriving and um it allowed me to um uh do work with Brooklyn Housing Authority and I'm very familiar with um um how it works in the
back end. So, I'm very interested in um um um being able being part of the Brooklyn Housing Authority um which is why um I decided to to um apply. Great. Thank you. So, have you attended
meetings of the housing authority trustees and what is your impression of those meetings? Um I like them. I think they are very informative. Um and um right now I'm just learning taking everything in and
and see how um um I can move forward a contribute to to my community. Right. So in uh in your introduction you did talk about some of your outside experiences that would be useful in serving as a trustee. Is there anything that you'd like us to focus on in terms of your
experiences um that uh will be valuable on the board of trustees of the housing authority? I'm sorry I have um some noise in the background here. Do you mind repeating the question? In your introduction, you talked about uh some of your experiences which are
relevant to serving as a member of the board of the housing authority. Are there any experiences um that you'd like to emphasize to us as as uh examples of your um your skills and ability to serve
on the housing authority board? Um, sure. So, I noticed um while working for the Brooklyn housing that um um there are a lot of issues out there um
and um a lot of miscommunications um um what's the word? um complain a lot and say that um there's really nothing being done to Brookline Housing, but I I've seen the work behind the scene. And
I I do see that there are a lot of things that um that Brookline is doing for Brookline Housing. It's just it everything takes time. There are grants that need to be approved and it's not just um like a one thing and done. Um it
it takes time. So, I I feel like I can help advocate for that, especially because I'm um very well involved with the um with the tenants at Brookline Housing. Great. Thank you. Um my final question
before select board members may want to ask you some questions are how how familiar are you with the uh rules and regulations and bylaws that govern the housing authority? Um, I would say, um, I'm very familiar
with them. Um, and, um, I I consider myself a very educated person. Um, if there's, um, anything that I need to educate myself on, um, I'm more than happy to, um, read read them.
Great. Any other questions from the select board? John, uh, Karen, thank you so much for applying and, um, forgive me. I'm just going to ask a question uh forformational purposes and I think maybe um our u town administrator can
answer it. Um so this is a this is not like any other seat on the BHA board. Um which you know those who follow these matters will recognize that we actually have elections and then you know the voters vote for members of the BHA board
except for this seat. Correct. Which has to go to someone who is a tenant. Correct. Um, and I just want to be absolutely clear that we that we make that clear in the application process because for reasons of privacy,
addresses are crossed out on the resumes of those who apply. Yes. And I have no way of knowing, you know, 100% certainty that I'm speaking to or in this case or any other case, someone who actually is a tenant. Yes, we verify with BHA. Yeah. So, that's all been verified. Okay. Um
car Karen, that was my only reason for uh raising my hand and and thank you very much for applying. Thank you. Any other questions? Well, thank you for your application and appearing before us and answering our
questions. Um the process will probably entail u making a decision uh the next I guess our next meeting is two weeks from now. Um and of course we'll be in touch with you uh at that point. So, thank you for applying and sorry, thank you. Thank
you so much for your time. I appreciate it. Okay. Thank you. And Bernard, at this point, we've had two applicants for this. Yes. And so, she'd be the third. She'd be the third. Okay. Thank you. It'll be great to have the That's going to be in our next packet. Yeah, we'll get you the full list. Okay. Thank you.
Full list and a summary of uh our interviews and other information. So, we want to make sure that we have everything before us. make a good decision. Okay. Uh next we have the conservation commission and um Prior
Grand. Is that how you pronounce it? Yes. Hello. And I apologize if I didn't pronounce your name correctly, but bear with me. No worries. So, introduce yourself and tell us why you're interested in uh being a member of the
conservation commission. Sure. Uh my name is Priya Gunpier. Um I am an attorney at Conservation Law Foundation in downtown Boston. Uh where I serve as director of clean power. Just closer to the mic. It's hard to move. Oh, sorry.
Um I'm an attorney at Conservation Law Foundation where I serve as director of clean power on our uh clean energy and climate change program. Um I have a fair amount of experience uh with regard to
municipal issues and uh wetlands. Um I served on the Framingham Conservation Commission for 6 years. I am a director on the Massachusetts Association of Conservation Commissions. Um one of my fellow directors is actually on the
Brookline uh Conservation Commission. Um, and I formerly served as municipal council for a city in central Massachusetts. Okay. And my partner wants to stay in Brooklyn forever, so I figure might as
well put those skills to use. So, um, the question of of uh I assume you've attended meetings of our local conservation commission. Um, or maybe the question is, have you attended meetings? And since you were on the
conservation commission in Framingham, give me a sense of, you know, how you would uh compare your experiences in Framingham with what you anticipate your experiences in Brooklyn would be. Sure. I actually haven't seen
a Brookline Commission meeting, but I do know a couple of commissioners um and have, you know, exchanged stories uh between my experiences in Framingham and um what what they usually uh encounter
here from what I've heard. Um because Firmingham is uh experiencing kind of like a development hike, um we would often have meetings that would go way past 10:00. Um we would be there were
times where uh the custodial services would come around town hall and tell us to get out or we were going to get locked in. Um I hear that that's not the case in Brooklyn, which makes me really happy. Um, but overall, I mean, I'm familiar with the State Lens Protection
Act and, um, the, you know, just general kind of environment of, um, Brooklyn. There's definitely more urban areas or more um I'd say like
centralized neighborhoods in Brooklyn versus what we had in Framingham where it was a lot more sprawled out. Um, also 50% of Framingham was jurisdictional for the conservation commission. Um, in terms of the the bylaw and
whether a project was likely to be uh was likely to require conservation commission approval, not sure in Brooklyn what you know whether it's the same amount, but um yeah.
So, so it's difficult to interview you because you really have a lot of experience that answers all the questions that you I typically ask of uh of candidates like yourself, but you have some expertise and experience in Framingham and elsewhere. um which you
know is very good, but it also means you come to Brookline with um with some preset ideas and and um and uh approaches to the work of the conservation commission. Uh tell me how you would um sort of integrate yourself
into Brook Lines conservation commission after the extensive experience you've had elsewhere. Yeah, I imagine that I would at first uh take kind of a a listening role uh
see how the rest of the commission interacts um get to know you know any staff um and the matters that the commission uh is seeing. For example, in Framingham, we would often get
um subdivision, like requests for subdivisions um that were in development. And that was in part because of uh a zoning bylaw that allowed for um 55 plus housing to
um not have to meet uh the 1acre zoning uh in certain parts of Framingham. Um, I imagine that there would be fewer of those types of matters in Brooklyn because it does have it's more developed overall. Um, I know that climate is a
major uh consideration for the Brooklyn Comom from what I've seen online and um you know on like sign boards around where um you know like I take my dog to Amory Park and I've seen like signs for
uh events from uh the town and so I know climate is a is a big issue for the town and given my uh background in climate and energy issues I think that that would be one area where I would probably be more confident uh speaking up at
first um just because that's what I do daytoday. So other than climate, what are the what are the in your opinion hot issues facing Brooklyn's conservation commission? I would definitely say environmental justice, uh, access to
green space is a huge indicator of, uh, community health. Um, and protecting what, uh, open space is available in, uh, Berkeley is definitely something that comes to top of mind as
as something that should be a priority and that I would prioritize. How How would you follow up on that a little bit? How H what what would environmental justice look like in Brooklyn in your view?
Sure. Definitely um as I mentioned uh protecting access to green space. Um also ensuring that in uh areas such as um you know Coach Corner or any of the kind of more um
developed areas where there are maybe it's more challenging to get to a park or uh there's more renters and tenants who don't have their own lawn or yard that they can use that they have uh
you know the ability to easily access. uh parks and green spaces. Um especially I mean it's 80 degrees in April. I think we're going to have a rough summer. Um so I think especially for for folks who want to be able to get out and you know get
into shaded areas. Uh there's a I'm blanking out on the name of it, but right by Amory there's like a a nature area that's shaded that's nice to walk in. Um, protecting spaces like that I think is is huge. Great. Any other
questions from the select board? Uh, Paul, that's David. David, I'm sorry. You uh mentioned in your resume that you're the assistant city solicitor for gardener and that included representing the Gardener Conservation Commission.
Can you uh provide some examples as to the type of representation you provided? Yeah. Uh so I was actually uh worked in gardener until 2020. Um and then I left for conservation law foundation. Most of my work with the conservation commission
in gardener uh centered on uh helping them put together conservation restrictions. Um, I never really had to get m involved in uh like a individual matter or appeals or anything but um I have been on the other side of that as a
commissioner. Any other questions in question? Thank you. Thank you. We appreciate your application to the conservation commission and we will be making our decision next couple weeks. So Okay, great. Thank you very much. Very much.
Next, the uh Brooklyn Commission on Disability, Elizabeth Tri Strier. By the way, uh Tiffany uh the there's not there's nothing on our website for the Disability Commission and I couldn't find it. Oh,
there's a Yes, this page. Well, okay. Well, let's look right now. Under boards and commissions. There should be Yeah, it's on the bend boards and commissions. I was Yeah, it should be under there, but it's under um the letter B, Brooklyn Commission on
Disability. Ah, letter B. Yes. I thought that you're making these or listing these uh boards and commissions alphabetically. How silly of me. Well, if you looked under C, you wouldn't have found it there. So, no, not under or D. Yes. Or under D. So, but yes, it is
there. Um and Elizabeth is online. Okay. So, um, good evening and thank you for applying to the, uh, uh, Commission on Disability. Please introduce yourself and tell us why you're interested in being a member of the commission. Sure.
Um, my name is Elizabeth Strier. I've lived in Brooklyn for the past 5 years with my family. Um, I worked in financial services for 11 years and for the past six years, I've been a stay-at-home caretaker of my three children. Um, I love Brooklyn. I think
it's an amazing place to raise a family. Um, and I also am visually impaired, which is fabulous for me because I don't have to drive anywhere. Um, I can walk my kids to school or I can walk them to the doctor's office. Um, and I'm interested in this position because I
want to keep Brookline accessible to all people with mobility impairments, visual impairments, and make sure that everyone can travel safely and effectively throughout our community. Okay. Um,
you I wonder if I could just interrupt and I apologize for but um uh I'm the liazison to the commission on disabilities and I I think it's important to say that the uh chair is very supportive of this application. Oh great.
Um so we don't have to interview her. Oh you do. But I think I think it's important to know. Okay. Um, I'm gonna interview you anyway. Um, so have you attended meetings of the
uh disability commission in person or via Zoom? I have not. What are your what are your thoughts? Okay. So, u tell me a little bit about your background and experience that u is particularly valuable would be
particularly valuable on the commission for disability. Sure. Um well I am a very active pedestrian. Um I walk I I visit many parks um throughout the day. Um I walk in busy areas and Coolage Corner and Brooklyn Village. Um and I am
partially cighted so I can see some things and I can see places where there can be improvements. Um, I'm also a stroller user. So, um, it's obvious to me when I encounter a curb that's, you know, not a ramp, um, a place where it
would be very challenging for a person with a mobility impairment, um, to travel safely. Give us some examples of mobil or accessibility problems in Brooklyn that people probably aren't aware of or don't
think about. Um, Sure. you know, the obvious ones, you know, I think everyone understands, but you know, what what what are the nonobvious ones that we should know about? Um, I mean it it's slightly obvious, but
it might not be obvious to cighted folks um or you know people without a mobility impairment, but um the the recycle bins that know tend to just block sidewalks and passages um for pedestrians. Um, I
noticed last week there was a a porta potty at the intersection of Harvard and Beacon Street, which I know was there for the marathon, but it was in a place where if you were in a wheelchair or you had a mobility impairment, it would be very difficult to pass um that area. So,
I I do see obstructions and I do see places like that um where, you know, someone would just walk around it, no big deal, but um someone like me might bump into it or someone with a wheelchair might have a difficult time
getting around it. Great. Thank you. Any question, Paul? Yep. Thank you, Bernard. Uh Elizabeth, thank you for your application. Um, I'm curious about your experience with our uh, audible pedestrian signals. Are you dependent upon them? Do you use them?
And what's your sense of the level of effectiveness uh, or or opportunity within within Brookline? I think they're great. Um, I I like I said, I am partially cited, so I don't rely on them 100%. Um, but it is a great little
nudge. Like if I'm, you know, not looking directly at the crosswalk and I hear the thing go off, I'm like, "Oh, great. Now I can look up, make sure it says it's time to cross and I can cross the street." So, I think they are effective. I know that in the blind community, um, there are people that are
against them, but I think they're only helpful. I don't think they hurt at all. So, I think they're great. Why would I'm curious why why would someone in the blind community be against an audible pedestrian signal? So, there's people in the blind community that say that people should learn how to listen to traffic
patterns and not rely on signals like that. Um, it was slightly controversial however many years ago when they came out. I've, you know, I've been reading books and listening to podcasts and stuff and stuff that mention it, but they they're telling people that they will become too reliant on it. So, if
they do encounter a crosswalk without that, then, you know, they would not be able to cross on their own without being able to listen to traffic patterns. Interesting. Thank you. I hadn't I had not heard of that before. That's you just educate me a bit. Thank you. Any other questions, Mike? Oh, I'm
sorry. You just No, I I I made my comment. Okay. Uh thank you uh for your application to the Disability Commission. You come well recommended, but nonetheless, we will be
making our decision at a later meeting. Great. Thank you so much for having me. Okay. Okay. Uh, next, declaration of an emergency. Uh, actually a policy with respect to declarations of emergencies. Uh, Chaz, you want to present this to
us? Sure. Um, and I also note that Chief Sullivan, who is our emergency management director, is online. Um, uh, Chief, do you want to, uh, give a brief overview here? Sure. Thank you. Uh, John Sullivan, fire chief emergency management director. Um so uh in our
comprehensive emergency management plan uh which we uh intend to put before you all uh in the next couple of weeks um one of the pieces that we've been waiting for the town council to uh give us uh his draft was for this uh
declaration uh authority uh to make declarations of emergency in a more nimble fashion than uh the select board who has the authority can possibly do. Um it is it is pretty standard language that uh the town council has put before you. Uh and it is part of uh most
emergency management plans that have u do not have a top central uh authority like a mayor or a strong town man uh city manager uh who has the uh authority by by definition in their charter. Uh in
in our charter the select board would have to meet uh they would have to give public notice. there's a there's a process and so in order to be able to be more nimble in an emergency uh the the select board would uh essentially delegate authorized personnel uh the in
this case the town administrator and or the emergency management director uh to do a temporary emergency um declaration uh in the case of the emergency manager it is uh limited to a partial declaration of of the town. So it would
be a kind of a geofenced area of the town um in in the event of a uh you know some sort of a um natural or man-made disaster. Uh and then the the same applies to the um town administrator
although the town administrator is uh a little more latitude and gets to do the entire town. Uh and it is only intended uh to bridge the gap between the time that the select board would be notified by the town administrator, be able to um do all the process to be able to have
a public meeting uh and and and then get together and declare the emergency either continue it or um or or or bring it um to a conclusion based on you know the events. So that's that's why we're here today looking for this authorization to be part of that
comprehensive emergency management plan. Uh Paul. Yep. Uh thank you chief. I have a question and I have a a recommendation edit to exhibit A. So, um, can you give an example as to the last time we had to declare an emergency like this and what,
uh, you know, how was it all? Is the entire town was it a portion? And just help me help educate me because I'm not familiar with if we've had an emergency before. So, the the last emergency was COVID. Uh and uh that you know obviously
um was more of a gradual if you will over the course of several days and week uh whereby the um the town administrator um brought it to the select board. The select board had an opportunity to be able to meet and to declare this state
of emergency piggybacking on the state's state of emergency if you will. Um, I don't have an example personally of when it had to be used in Brookline. Um, I can I can, you know, give you examples of when it might be used, whether we had
a a flooded area or whether we had a um um a tornado or or or a small um whatever I I guess a zephr or a tornado whereby we we wanted to make sure that we had control of an area.
could be civil unrest. Um there's a number of different opportunities where it would come into play or chemical spill or something like that. So generally speaking, it it it falls most of the time it will fall on the back end of a state or regional emergency being
declared. Okay. And I just I just wanted to make a suggested uh edit or just clarification. Item number four in exhibit A says the select board may extend these declarations for long periods of time. You may have meant longer. um or beyond 72 hours. I just I
wasn't sure what long means. Uh in the one that I have, it says longer, so I'm not really sure. Okay, that's not the version I Yeah, longer is the right is the right Okay, great. Okay. Okay. Further discussion? Y uh Okay. So, um we're ready to vote.
Mhm. I move approval of the um declarations of policy on declarations of emergency. Um with that edit with with that edit. Um all in favor please indicate by saying I. John Vancoyak. I Michael Sam. Hi. Paul Warren. Hi. David
Borman. I chair votes I. Thank you. Next, continue discussion and possible vote on warrant articles for the May 27, 2025 annual town meeting. Let's start off with article 20, create a new general bylaw banning the sale of
fuagua. Um, okay. So, let's have a discussion of this and then vote. Uh, we we we had a hearing and and you know, detailed discussion last time. I'd like to start off by saying that um you I was leaning towards supporting this Warren article
because the way that Freud grow is produced is pretty troubling. Um but the production of other animal foods is troubling as is the hunting of wild games by animals and by animals. But I don't think my tender feelings are
really relevant here. I would support a national ban which would not force Brooklyn to carry the burden of being what I consider possibly inhospitable town for certain types of businesses. I've had a conversation with with some
of our local business leaders recently and their concern is that we are not just making it more difficult uh for businesses to operate in Brooklyn, especially restaurants, but making it difficult for businesses to
uh anticipate the future um future bans of various sorts. I know we we had banned a number of things in the past, plastic bags for example. Uh that that that that is true, but I think that this is a ban
that sort of sends a message that Brookline is not as open and hospitalitable to certain businesses as maybe we want to be. Since, you know, commercial development is so important to us, um, I'm a little concerned about
the effect that something like this uh, could have on our business community. I also note that I was told that Lavoir, L A V O I L E L, okay, uh, at Washington Square, which also has a
restaurant in Boston, uh, closed down. It's hard to say whether this ban had anything to do with it, but I think it's an example of um the fact that we are losing uh businesses, particularly restaurants, and other restaurants are
just probably considering whether they have a long-term uh future here in Brooklyn. So, for that reason, I'm going to be voting no action on this Warren article. Mike, sorry. Yeah. So, uh, I I agree with you on on all counts. Uh, Bernard,
in addition, I think sometimes we're told, uh, by people who come up with these sorts of things, uh, the best will in the world that, um, they're hoping that Brooklyn will serve as an example and certainly with plastic bags and smoking and so forth, um, things that
are really, uh, plagues on humanity. Um uh we did we have served as an example although not certainly not every community has picked up on the plastic bag ban. Um but uh this is a situation where I as I I I
I've said at the presentation of the by the petitioners um if we look at what's going on around us look at the the national scene um there are um there is a division in this country uh a group of
a group of people are in control of our government who believe that the coastal elites have uh have gone too far uh have ceased control and you see that in the absolutely ridiculous set of demands that the Trump administration made on Harvard University and like no masks on
campus, you know, things that are just ridiculous. Um, this is ridiculous on the other side. Uh, this is the sort of thing which if it comes to the attention of Fox News or somebody of that sort makes Brookline look ridiculous and similarly makes it possible for them to
paint us coastal elites. we the coastal elites uh as being as they being being completely out of touch with reality. I just think that um this is not the time or the place for this kind of thing. Uh there's too much at stake way way beyond
fagra. Uh Paul. Yeah. Um thanks Mike for your comments. I I I want to pick up on something that you said which was um about kind of I think predictability. So when a when someone comes to Brooklyn
to invest, they're investing. Um it it's expensive to open a business in Brooklyn, um from the the permitting process, the licensing process, the buildout process, the inspections, etc., etc. Um it's a and the type of businesses that we really love and
thrive on are typically independent businesses. Um and it's getting increasingly difficult for independent businesses to to participate in our our economy in Brooklyn due to due to the expense. Um but it it is the independent businesses that make our commercial areas unique um and attractive I think
and offering a variety of products and services. Predictability is key for an investment. You need to know that your investment is going to uh stand the the test of time and bands is is one issue. Um, zoning is another issue.
Redevelopment is a third issue. How we uh treat our streets and and how often we dig them up and take parking away and make it make it impossible for customers uh to arrive uh and participate in our our commercial areas impact the bottom
line of our businesses. And we need to look holistically at at how we are presenting ourselves to the business community as a place for opportunity and and uh being welcome. And I think bands is an issue like this is certainly one
part of it. Um and I think we need to be very very cautious about um becoming a a town where the business the investor cannot predict the future. They don't feel stability. Um, and I think um, for
that reason I'll be voting no against this. Oh god, David. Uh, so I'm going to very likely be in the minority on this. I do appreciate what Paul just said and I'm largely in agreement. I think that our businesses certainly want
predictability, but the main factors that I think make for a successful business and in particular uh, restaurants in the context of this Warren article is that they can have expanded business hours. they can have outdoor dining that they are able to uh
have other amenities that make it attractive to bring in customers including ample parking. I think those are the main concerns. Not so much banning Fugra which uh impacts five now four businesses in Brooklyn and even
those four at a very minor level. Uh we have always prided ourselves in being leaders in setting examples for others. It's not just the coasts. Uh yes, California has a statewide ban on this, but we also heard about Pittsburgh has a ban on this. Uh Chicago had a ban on it
for a period of time that for legal reasons didn't hold. Uh this was structured in such a way that it likely would uh hold up to legal scrutiny. I think that the uh Warren article petitioners were very thoughtful in how
they crafted it. uh it does not um it it does not negate the possibility that there could be a more humane way of producing fugra. So the band is not necessarily on fugra but on how it's currently produced. And to the extent that someone uh else out there learns
from bands such as in California, Pittsburgh and Brooklyn, if it passes here, uh develops a more humane way to produce fogra, it could still be produced. And that's how you have favorable changes in terms of uh animal
safety and uh having less cruelty in the food market. Uh, and so I would support this Warren article as currently written. Uh, and certainly in terms of the line drawing argument, that's for future town meetings to decide if there's some proposal that comes that
would go too far. Um, just a little bit of background on this. Um, but I'll say upfront, um, uh, I'm with Bernard and Mike, uh, and Paul, right, on, um, in terms of, um, th this
not being, this, this one is not like some of the other, um, bands that Brookline has adopted. Uh, and I think people need to think very carefully about that. Um we we adopted um some
kind of prohibition on sales of uh furs. Um but that was you know because we were told nobody has you know in is in the business of selling furs in Brooklyn. Um and as far as we know nobody was planning on going into the business of selling furs in Brooklyn. Um and at the
time it was conceded even by the um sponsors that um that nothing in that ban prohibited people from getting furs delivered to their door, you know, by from sources outside of Brooklyn. So decide for yourself if that's truly a
ban um or um decide for yourself if uh banning uh fagra which is which is a food item uh which gets us into the whole area of casting judgment on food production which which was not involved
um in in the prior um instance. Um and uh furthermore, it proposes a bylaw uh banning quagra. Um years ago there was a resolution urging stores in Brooklyn not to sell ve um that's a resolution. Um
this is a proposal that by bylaw um you know because there were some people who for very understandable reasons um uh that it's easy to sympathize with um uh discovered that they are really that they abhore um the
method of production of fagra that is sometimes um behind the sales of fuagra not always um I won't go into um instance after instance instance after instance, but um I will I will mention one that caught me
by surprise um because it had a provocative headline. It was covered in the New York Times, a reliable source, and everybody was talking about the price of eggs. And this author's point was the issue with eggs isn't the price. and went on to
explain that as a routine part of egg production um all uh male uh hens chicks um are basically tossed into a grinder and killed. That's like half of all of the
you know born chicks in this country because they're of no use in egg production. And has anybody sort of s thought through the difference between our tolerance of egg production versus our tolerance of bwa production? I can't
parse that question. And to David's point um that this does not impact um this will not impact more than you know four or five businesses in Brooklyn. No, the point of the Chamber of Commerce, it will impact all businesses in Brooklyn
because they will never know if the next item is going to be an item that they sell. And when they are considering doing business in Brooklyn, which we dearly want people to want to come to Brooklyn to do business, um they will
have to decide, do I want to do business in Brooklyn if it's the kind of community that might decide tomorrow to condemn me, you know, morally and furthermore to ban the sale of my product because of a difference of opinion over the finer points of food
production in this country. So, uh, I'm with the Chamber of Commerce on this. I had had hopes, um, that we could adopt some sort of a grandfathering amendment, um, that would permit the existing businesses not to fall under the ban.
They feel so strongly about this that, you know, after working with me to craft a amendment that would permit the existing businesses to remain but prohibit all future businesses, they feel so strongly that this will be a disincentive to future businesses in
Brooklyn that they said, "We're no longer for this amendment. We've thought it over. We've discussed it. We're we're going we're going to advocate at town meeting that that town meeting members vote no um on this proposed bylaw, you know, banning this particular food
product. Um and uh I'm with them. I think they have the right position on this. Okay. Well, let's vote. Um might add there's a new restaurant in town up on JFK Crossing area uh that sells both
pagua and caviar. caviar produced in caviar shop. Caviar shop. Yeah. Yeah. Produced in a way that uh to your point results in the sacrifice of all the male sturgeon fish. Uhhuh. So because you don't know which one is male
and one female to kill them both and find out who has the egg. Anyway, that's that's just an interesting little side thing. Uh okay. I move no action on warrant article number 20. Uh, all in favor, please
indicate by I. No action. John, I Paul app. Mike. Mike S. I. You're on my mind, Paul. I don't know why. Uh, Paul, in a good way, I hope. Hi, David
Pearl. No. Uh, chair Bai. Okay. Next question. Could we take article nine, which is the budget, out of order? Just Melissa Goff is with us, but she needs to go back to the advisory committee. Okay. Ah. on the Okay. Um the budget. Melissa,
talk to us. Good evening. Uh so when we spoke last week, we talked about where we were uh in relation to how the advisory committee had taken some of their subcommittee votes. Um the board will not have an a full AC vote um in time
for their the combined reports since you're not meeting next week. The deadline for the combined reports is next week. Um, but I thought it was best to have the board take a position on the budget and then we can react to whatever advisory committee does uh when they take their vote next week. Um, so I have
uh in your packet the conditions of appropriation. We can run through those fairly quickly. Uh, and then I have the budget table which is also in your packet and we can just talk about um where we are uh especially around the school budget as well. So uh if I could
share my screen I can start doing that. Yep. You should be able to see your screen. Thank you. Just got to call it up first though. So, hold on a minute. Okay. So, these are the conditions of appropriation. They essentially set the
parameters around the way the accounts are set up uh throughout the town uh for the budget. So the the first part of the uh conditions of appropriation uh are around transfers and so this basically sets the rules for appropriation transfers who you need to see to move
money around in a particular budget um and when you need to go visit advisory for that. I will say that um around the DPW budget uh there is a potential uh condition that would be added that would essentially um create a firewall around
the sanitation function so that um the the structure that the subcommittee is recommending um would get preserved um and and no appropriation transfers would be allowed without advisory committee approval. So we'll be seeing something about that um probably in two weeks.
Uh the next is just uh contracts around 30B and uh procurement officer authorization. Then we have um voting of salaries of elected officials and um al allocating the collective bargaining reserve. Um this is the condition that
uh requires uh any benefit eligible position go in front of the board for approval. Then we separately vote the golf enterprise fund, the water and sewer enterprise fund. Uh we have a series of revolving funds. Those are all covered through here. Uh rec revolving
being the largest. Uh our new revolving fund that we're creating through town meeting this this May uh for electrical vehicle charging. Just highlighting that as an addition to the to the vote um from years past. Um we've talked about the repair maintenance and the building
department. This will need to be amended if the board supports the recommendation of the town administrator around revising the building department appropriation. Uh snow and ice is segregated from the rest of TPW. Uh and then we also have some fund transfers coming from the cemetery fund and then
the recreation revolving fund to support um both the cemetery operations and then the the benefits associated with employees in the recreation revolving fund. Um we are still utilizing some host community funds and uh opioid uh stabilization funds to support uh work
in the public health department. Um we have budgetary reporting that we provide to the advisory committee and then we begin with our special appropriations and these are all the items within the CIP. Um so no major changes from what was initially presented in the CIP um
with a couple of exceptions. So, we uh initially had an appropriation for a school street lighting project that um after the advisory committee reviewed that appropriation, it was determined that the Pier School could actually um had actually planned for most of the
work that was contemplated there. So, it was a $60,000 appropriation that was no longer needed. What the subcommittee chose to do, and we agreed that this was a a good course of action, is roll that money into the street uh rehabilitation. So this is actually 60,000 higher than
what it was originally when it was uh when the financial plan was first presented. Um then you have the rest of the projects within the CIP highlighting um the 970,000 that we'll be talking about uh in the context of the school department budget. We yesterday with
Town School Partnership talked about providing additional relief to the schools by potentially um shifting additional CIP um from the from the CIP to the operating budget and talking about which course of action whether we transfer it to the schools, whether we
leave it unappropriated, whether we put it in the reserve fund. Um we'll talk about that when we go through the actual budget tables and um look at the scenarios that we've um set up in the budget tables for you. So then you have um the rest of the CIP.
The only other um condition that has not been voted by the full advisory committee but is recommended by the subcommittee is to make it clear that the furniture allocation for the school should be spent exclusively on educational and administrative furniture. I think there had been a little bit of scope creep that they're
looking to tighten up uh next year. And then uh after the CIP um revenue finance CIP, we have our bond financed items. These are still getting reviewed by bond council. So if there are any changes, we'll need to fold that into a final
vote. And then we have our allocation of free cash. So that is part of um the overall vote within the condition of appropriation. So now I'm going to call up the budget tables. get my Excel to work for me. Okay. So, we have um the original uh
fiscal 26 budget which is here. Um and the only changes from the initial financial plan have been um two items that I uh have provided memos to both the board and the advisory committee. um the allocation of uh group health uh
with revised numbers uh after the GIC set their final rates. And then um there was a memo a couple of weeks ago around uh finalized free cash number and then also um using the ways and means budget of uh the ways and means version of the
state budget. So that's all incorporated in what you see in the fiscal 26 column. And then we have items that we've discussed with town school partnership and um would like the board to make a re recommendation on. And so um the first item and I think you've also seen the
memo provided by the town administrator that re recommends um the school committee initially was looking to reduce the building department budget by $600,000. Um that was not something that we felt was um something that we could recommend. Um, we did recommend a slight
reduction uh of 162,000 and um uh Chaz's memo kind of outlines what that would mean in terms of what services would not be able to be achieved uh in the next year. This adjustment would reduce that amount in the building department budget
which then would provide additional funding to the school department appropriation. Uh so those two adjustments I'm highlighting on this uh sheet as well that will likely need a revised group health number based on the some of the decisions that have already been made uh by the school committee
that will be reducing their headcount and then ultimately um some of the benefits associated with those positions. Uh there'll be some group health savings that then we can apply and redirect towards the schools. um we've talked about that any savings that they could um derive from um you know
reductions that they would be able to see the full benefit of um I just need to um you know reconfirm what they've done um and get a full you know measure that against the the budget that we provided for group health and then um we have uh 970 where
the options that we talked about um with the new Lincoln school grounds it would be reduced from the CIP which then would free additional funding in the general fund. Um we are looking to put that in the contingency fund. So um the options
that we had previously discussed were potentially putting it in the reserve fund. That would leave it under the control of the advisory committee. It could get transferred before town meeting. Um but if you put it in the contingency fund, you would you wouldn't be able to transfer it until you had a
town meeting. So that is why we were looking to recommend um putting it in the contingency fund because there would be the only option would be a town meeting in order to reallocate. So all in all um you have appropriations uh expenditures of $418
million, appropriated expenses of $48 million. Um and then happy to answer any questions the board may have. Uh Melissa, could you go back to the contingency fund? So this is this is the 970 that would be for the design of the
Lincoln school park playground. And so we're putting it into the contingency fund. And what is what's the gate that how does that work? So the contingency fund is controlled by the town administrator's office. And the thought there is that it wouldn't need to go through town meeting. It does need to go through town meeting because I can't
spend that money directly on the schools. It would need to be reappropriated through town meeting. The thought here is when we talked about this at town school partnership, we said let's find a way to leave this unappropriated in some way. The issue with leaving it unappropriated is then the budget isn't balanced. There's there's there's revenue that's
unaccounted for and we could you know one thing that we could do to balance the budget is you know reduce our revenue projections and then increase them in if we if need be. But I felt like that was disingenuous. Uh so the so the 970 is in the contingency fund and we would need to appropriate it or
transfer it at maybe the November uh special town meeting or another special town meeting. Correct. In order to make that happen, right? Yeah. This is this is the this this is it gives it a place to sit that's not in the ether while until the schools need it. If it's not needed, it falls to free. And this is
and I'm sorry, just one more follow-up question, Bernard. And this 970 is a way to reduce I think the gap was 2.3 because we added back in the building or maybe it was a little bit less 2.2 2.1. So the gap of the schools was 2.1. This
reduces it by 970,000. Y where's the rest of the money coming from? So we the discussion at town school partnership was that we would the school committee is going to take another look at some of the options in front of them including an option they had not previously considered which is spending the
upcoming fiscal year money that they receive from the state for special education in their circuit breaker fund on the current year's expenses and that's like four or five million isn't it they're projecting that to be around $4.2 $2 million. Okay. So, they wouldn't need to spend all of it, right? And that
money is based on their expenses in 2024, right? Correct. So, pardon me. 25 for 26. And yeah, it's not needed in 20. Well, it's not needed in 25 because they fixed their budget gap through other means. Correct.
Different revolving. Correct. They spent other one time. So, it's not as risky a a move as it may seem at first glance. But I I do want to say to it's not Yeah. free of of risk. Right. To Mike's point, right, this is this is the school
department treats circuit breaker funding as recurring revenue and not onetime expenditures because it's reliable. It's he's relatively it's consistent to project. They know what they're going to get by from the state on a regular basis and the state allows them to spend it on a lagging basis.
That is to say, if you you get the money in FY26, you don't have to spend it until FY27. And so, as a best practice, what they do is they take that money as it comes in over FY26. They say, "Okay, this is what's going into the FY27 budget for special education. It helps
contribute to and solve their special education issues. So in doing this, I think we just need to be clear that it does create a budgetary gap because you are reducing the amount of funds that are available for the schools in FY27 that they would otherwise be drawing on
the FY26 circuit breaker funds to solve. So to Mike's point, there has to be a reckoning if if the schools decide to use the circuit breaker in the current fiscal year. It is likely that at least some of that is going to form the basis of any ask they bring to the expenditures and revenues committee to
make up that difference. Essentially, they're pulling future revenue into the current that's what they're doing. It's an accounting trick. Yeah. Yeah. Okay, Mike. Um, so an accounting trick is not quite fair. It's a it it's but it it maybe it is. Um, so I have two
questions. You got to watch the mic, uh, the microphone. Yeah. Thank you. Uh, I have two questions. One is, um, one of the questions that was raised at Town School Partnership by, uh, Susan Given, the, um, basically CFO of the, uh, of,
um, schools for schools. is uh if we take that $970,000 and don't put it into the school budget, does that um leave her with an unbalanced budget unable to cover um uh her her salaries, which she
needs to needs to be able to say? I don't think so. Um again, we're we're working with them to figure that out. Um you know, with in the same way that, for example, they covered $2 million of shortfall this year with onetime funds. Yeah. We're going to look at similar similar way similar ways of thinking
about it there. Um you know we know that they have a huge amount of special education costs. We know that those costs are the drive some of the drivers of their overage. So we'll we'll you know we want to be collaborative with them and figure out how to put that into practice. Right. Right. Okay. The only thing I I I'm you know I was supportive
of this of the of doing this but um I just want to make sure that we don't leave her hanging in some fashion that that but you're coordinating with her. Yes. Okay. Fine. And the other thing is a very small thing. The group health um savings from um uh any reduction in the number of uh staff in the school
department that money comes out of the non-EP departmental budget and that does not go through the town school split. Correct. Okay. All right. Thank you, John. Um I'm glad Mike brought that up. I I had a question about that exact same uh
when I heard the reduction in headcount, my my ears sort of perked up there. So, and I also am uh um aware of the fact that um our town administrator um quite correctly and and with my great um
support um mentioned at the most recent rec recent town school partnership meeting uh the question of whether there has yet been uh put on the record um from um the school department um the
number that is the number of full-time equivalent teachers um in their FY26 budget. So that for example, we might compare it to their FY25 budget. We might compare it to the number of uh personnel in the budget that are not
teachers. Uh we might compare it to enrollment to see what it works out to in terms of students per teacher, etc., etc., etc. Uh have we received any um response to your urging that they provide that number? No. And we're
following up. Okay. Um but what is the what is the meaning of the reduction in headcount number that was referenced in terms of the reduction in the appropriation for the
uh health. So, for example, sorry. No, as they as they've been vetting um options to reduce their deficit from $8 million to where they are now, some of the recommendations that they made had uh positions associated with it that
were uh that pulled benefits. So Susan, as she was going through the exercise with the school committee, had a copy of um the group health database that I used to build the budget and then could determine what amount would be saved from those changes. And so I just need
to validate the savings that she's captured through that exercise. So, if I if I understand correctly, and I'm sorry to be putting the burden on you to explain this, um um there there was a number that they were carrying um as a as a headcount that was covered
under the insurance program and now there's a lesser number. So, each each proposal had an associated savings and the savings was a combination of position reductions and benefit savings. And so the group health number um will need to change to reflect the savings
that they're capturing from from those changes. And so once they're done with their their vote, I'm would expect that I would get something from Susan that would articulate um where where those savings are and then we can reduce the group health budget. Thank you. Um John
the um the there are reductions in staff uh in the in the central office and admin and some the school has the schools school committee has worked very very hard to make sure that there were no reductions in what they called studentf facing staff but there are
reductions in staff. Yes I knew that Mike um but but those that's where the that's where the headcount reduction savings comes from. Well, maybe it is, but or or maybe those were already being counted and they've now made a decision on reduction in the teacher FTEEs.
That's why I'm asking these question. No, I don't I don't believe they have. Yeah. Well, I'm I'm looking forward to hearing from department. Yeah. Okay. So chair, maybe you can help me with saying um the issue is the DESIE numbers um are
different from the numbers that we're asking for. Um because among other reasons, uh the Desi numbers may include certain um full-time equivalents that are not teaching or what what what is the difference between what we're asking
for and what DESIE provides? because their numbers do provide a number for licensed uh professionals, right, which I assume are teachers. Yes. But I think you know there are licensed professionals who are not who are you know on reserve or substitute or so forth. If we're talking about how many
people are in the classrooms, how many people are in each each building in each classroom teaching on a full-time day in dayout basis, um that number the to the total rolled up number uh sorry I'm sorry uh the the current
that that rolled up number is what we haven't received yet. Um so we'll work with the schools to get that number. I think it's worth having in front of us before town meeting. Any public discussion? Okay. Do you want to vote? Can we just
talk briefly about DPW? Yes, please. Um, so the advisory committee continues to review the issue of the sanitation contract that was approved by the select board and the solid waste advisory committee. Um I understand there is a
potential amendment that is still under is still being drafted that will be considered uh at Thursday's advisory vote. Um and that would have the practical impact of disapproving uh the contract the sanitation contract
from being funded the proposed sanitation contract from being funded. Um I I understand that there will be recommendations made in that uh amendment uh about what to do instead. Uh detailed recommendations. Um but
again uh that the decision on how to operate the department of public works is the decision for the director of public the commissioner of public works and the select board as as the executive of the town. And so the advisory committee and the town meeting does not
have the ability to direct the DPW commissioner and the performance of her duties. What they can do is they can disapprove of a contract uh or dis or set a condition of appropriation that prevents us from uh spending on that contract. Can you ch can you speak specifically around what is the
mechanism uh budgetarywise because they're putting the budget forward they can put a condition on the budget. what mechanically explain how would that work? I can I I can describe that if Thank you. Um so we we fund our uh
programs within certain classes of expenditures. So personnel, services, supplies, other. So the way that it would work is that they would create a condition that would take the money that was previously used in services, which would be funding the contract, moving
that up into personnel, and then creating a condition that won't allow you to move it down. Um, so that that way you wouldn't be able to fund the contract. You would only be able to fund the personnel. So they're moving they're moving the money from person from from services to personnel and you couldn't
move it back without I assume an approval by them or is there a it would be yeah it would be select board and advisory committee. Okay. And Chaz could you describe the practical implications of where we are in the process. this this committee has already
the select board has already approved uh the privatization of DPW the further privatization of DPW um and you know a number of associated actions I think with respect to refuge fees and stuff what are the practical matters of of this action being let's
just say approved by Tom because Tom would have to approve it if advisory could recommend it but we'd have to decide at town meeting correct um if the contract were not funded we would be in a precarious place. Um we have our
current contract is expiring with Cassella Waste Management. They currently do our recycling services and they haul everything away from the transfer station. So they pick up the recycling and everything including trash that goes to the transfer station gets taken out by Cassella. So, if we were to
lose the ability to sign this contract, I know one of the things that the propos the proponents of this amendment are recommending is that we sign a one-year extension with Cassella. There is no one-year extension with Cassella. There's no authority in the current contract to do that. Uh so, we would
have to negotiate with Cassella to secure a one-year extension. Uh there's no guarantee that they would say yes. Cassella has already bought four trucks to accommodate Brookline. And I would imagine that as a baseline they would insist that we pay for those drugs um
and that we uh make them whole uh for the investment that they've already made in the additional services that they intend to provide us. So we will start out already probably owing more to do what we were trying to what we would do
we were doing previously um and more than we were probably uh more than we would have spent had we continued in the uh without moving to privatized sanitation. So you're saying if if when does the Bernard is it okay if I continue this? So when does the contract
expire with them? June 30th. June 30th and then that and then that expiration had a renewal which was the expansion of of we negotiated a new right. So if we didn't if if town meeting approved this change as recommended by a subcommittee
of the advisor an ad hoc subcommittee the advisory committee and the and the advisory committee approved it and town meeting approved it effectively eliminating the ability to execute on that contract or canceling it. we'd have to renegotiate and they're recommending apparently that the experts on advisory
are recommending a one-year extension uh for for for uh refues, right? Um does that you're saying that that contract would most likely be more expensive than the one than the the contract that we currently negotiated? I can't imagine it wouldn't be. Yeah. Okay. And then the
one after the one-year extension, um where where do the employees come from? because we have we've had a problem with hiring and retaining employees for this function. Correct. Yes. So again, I think the again the ad hoc subcommittee has made recommendations. They've said,
well, you know, you could change the way you do business. You could restore um early release for these employees, which we have already tried. What is early release? So early release is when you're done with your job, when you're done with the sanitation route, you can go home early. Uh so if you worked five
hours and you completed your route, you could go home instead of working eight hours. Yes. Um and we had that for many years and it wound up being a point of contention among the other bargainers. Is there any other is there any other employee uh group in Brooklyn that has that? Not that I'm aware of, but again I
I I I haven't you know I'll get back to you on that. Um but you know what happened there was that the other units the other bargaining the other uh divisions in DPW complained and said it's not fair. Why do why does this group get to work five hours and receive
eight hours pay? The union actually brought it up to us and so we had to we went back and forth on this for So was that done without out of collective bargaining? Was that was that taken out through collective bargaining? Yes. So can can advisory reinsert it without collective bargaining? No.
And I would note that because this was a point of contention and sanitation services were suffering with the DPW together with the union created a pilot program to bring it back. um and it worked for about 3 weeks and then it fell apart. Um we really wanted that
pilot program to work. We had every hope that it would um but unfortunately it didn't. And again I understand and respect that members of the advisory committee and that subject think that they could do it better. But I I I fail
to see how people with five decades of experience in public works could fail to somehow fail to solve this problem and an ad hoc subcommittee can solve it overnight. It's not possible. One more question if I may, Bernard. So um I also understand that compensation has been an
issue that um we haven't been able to attract perhaps because we don't pay as much as the private sector. I don't know. Um, is that also a recommendation from the ad hoc subcommittee that we increase compensation for this particular group? Yes. And are we able to do that without collective bargaining? And what would it mean to
other contracts? No, we'd have to go back. We'd have to bargain it with the union. Okay. I think Paul um asks some very good questions. Um, you know, I I feel the need to say something to my friends, and I I mean
that sincerely, um, friends, uh, on the advisory committee and friends, many of them at town meeting. Um, every now and then, uh, Brookline reaches some kind of a, uh, important, um, decision point having
to do with the proper delegation of responsibilities and authority among our various branches of government. This is one of those moments. um uh your select board, you know, which represents five people who face election
before the entire town um and then have to face election again after three years. Um is responsible for u overseeing the actions of our town administrator and he is responsible for overseeing the actions of our department
heads. Um all of those a all of the departmental operations of the town are very complex. Um there's lots of moving parts. They have to be equipped if they involve labor. Um they the labor has to be offered at attractive uh wages um and
pay scales for for those in management. Um the contracts have to be negotiated and signed. Um it creates an I would frankly say um an impossible situation for the select board to have to be
looking over its shoulders uh collectively um on every single decision that is made about approving a negotiated contract. every single decision that is made on the on the best advice of the experts in our departments
as to the feasible way of continuing to meet the needs for services of the residents of the town of Brooklyn. Um, and we take responsibility for those decisions. Um, and if a decision is unpopular, there's a there's a avenue of
redress, which is um, you know, take it out on us when we next run for election. Um but please do not assume um the um prerogative of deciding that you'll be doing the job of the select board
instead of the select board. Um do express yourself at town meeting when you have opinions on whatever the topic of the day is. Do express yourself um when it comes to bylaws. Um and do
express yourself obviously um when it comes to the budget, but um say yes or no to you know a budget uh in terms of whether it delivers the service that it pays for
efficiently and reliably. But please don't assume um that it'll become your prerogative um going forward to take the place of town management and department head expertise
and select board wisdom, if that's what you want to call it, in um assuming responsibility for the decisions of uh whether a service should be provided by a private contractor or provided by um
people um on the town payroll. um it it leads to chaos and um I hope that um wise heads will prevail when this goes to to well at the at the crucial moment in the advisory committee process and at town meeting as well.
Mike, um two two quick things. One uh just to expand on what Paul on what you were asking about um indeed um would have to go you can't just increase somebody's pay and expect that oh well they'll take it. Um the curious thing is if you give them something they ask you what else you're going to give them in
order to accept it. So there's a ripple effect. What happens is that if you change the pay of one group the other group the other members of that same uh uh union will come back and say well what about us and then every other union does as well. So it's like dropping a
very large stone into a pond right? Um the question I have is uh and I think the public needs to understand I know you understand that. Um the uh other thing is um what are the alter what is the alternative if the
advisory committee does uh present a budget to town meeting uh that has the condition of appropriation that we're not happy with. What what choice do we have? We have to amend offer an amendment to town meeting. You have to offer an amendment to town meeting. Okay. Again, I think as we discussed at the town school partnership last night,
the goal is to have a united front here between select board advisory committee and school committee so that there's one budget that shows up on the floor of town meeting. Um, and then if there are amendments from the floor, so be it. But to have a unified front here means we
have to come to some consensus on this DPW question. So if you're not able to, then you'll need to make a you'll need to move to amend it. Okay. Thank you. Any other discussion? I think that the
message from the select board has been uh clear and hopefully the advisory committee hears it. Well, can I can I can I say one thing about that? I know that the town administrator has um shared a memo to advisory strongly encouraging helping to
educate them as to what the implications are of of of taking an action which would essentially um defund the contract. um you know that that came from the town administrator. I wonder if if a similar communication from this
board to the advisory committee, from us um communicating our our deep reservations uh or disagreement that uh they take action to defund uh the the DPW contract for sanitation. um would be a an
additional stronger, more clear directive from us or or or explanation that we think that uh they should not undo. Um what what our professionals have recommended, what this board has
deliberated and agreed upon. Um uh and staff has negotiated and executed a contract which of course advisory and town meeting have the ultimate authority to defund this contract if they want to. They do have the ability they have the authority. They condition the contract says that
you know can't it's not executed until such time that it's funded by town meeting. So they do have the authority. Executing your authority um appropriately and judiciously at the right time um with a lot of thought and consideration is is what's appropriate.
So my ask is should we cons should we send a communication perhaps from the chair uh to uh the chair of the advisory committee sharing our our deep reservations with an action that would undo the contract? Um, if I could make a recommendation, it would be that you
would wait to see how the full advisory committee reacts to the proposal and if they adopt that proposal that that might be best um relayed via your narrative in the supplemental report that you would file uh with your amendment. Well, my so I you know, one thing is is once the
train leaves the station here, an advisory undoes it, you're now doing a fight on on the floor of town meeting. This would be a um a request from this board via the chair of the board that uh
that advisory while we appreciate their concerns um in consideration that they not take an action to defund uh the DPW contract for sanitation. um it would be best if advisory didn't amend the appropriations uh and and create a a
significant conflict um in crisis I believe on the floor town meeting I mean something like that would should probably include detailed list of the consequences of of their action because I mean the fact that we don't agree with them means nothing to to committ put
dollars and cents on it well that's on it I think I think the other the hard part of this is you know we I you know and again I understand and respect the advice you know members of the advisory committee's position on this you know they're saying in so many words look you know when you look at it dollar for
dollar there's not a lot of different and you talked about this it was part of your deliberations dollar for dollar there's not a lot of difference between trying to keep going as we're going now or moving over to this uh model where more of the trash is picked up by Cassella um in fact there may be
you know uh total on the bottom line around $60,000 worth in money to spare if we were to try and limp along the way we're currently doing. Um the thing that's hard to quantify is the opportunity cost that we're losing from trying to do this because remember we're
having such a hard time filling these positions. We get people from other divisions to go out and do the work if we can. Um and that means that sidewalks are un undone. That means that you know other essential DPW functions are
impacted by this. I think it would be difficult for us to quantify the monetary impact of the opportunity cost that is lost there but it is substantial and it's one of the reasons why the recommendation was made and this board adopted the move towards this is because
otherwise these other vital services that we're pulling people out of to go on the sanitation trucks do the work don't get done. Um, so it's hard for us to put a number on that and we've explained that to advisory and I think members of the advisory some members of
the advisory committee have grasped it and made that point. You know, we're not just talking about it's hard to quantify the exact dollars and cents, but the opportunity costs here are enormous and and the the breakdown in services that that results in that that can't be quantified, but it can be explained. And
I I I think that's when I went to advisory and again you know when I went to advisory and talked this through I know you know one of the things that I apologize for to advisory is the me the messaging of this how this was rolled out. I think some advisory committee members even though I thought we had a robust process here still felt caught
out by it and so a lesson learned on our end is to be more um um is to be better communicators with advisory when these things come earlier. It was earlier and we're doing that. Um, but the other thing that I mentioned there, which I think is to Bernard's point, is
sometimes we get too close to these issues and we go back and forth. At the end of the day, the trash has to get picked up. And right now, we're in a position where the trash is not getting picked up. We just had a day where blocks of trash collection were missed
because no one would do the work. Um, and you know, sometimes people ask, well, you know, you're in government, what do you believe in if you're just an administrator? I believe in picking up the trash. Me too. That is my job. Um when it doesn't happen, it makes me very unhappy. You know, I'd also there is
something else that David just a question about that. So, uh there was some discussion on the list serve that we're all a part of as well where uh someone raised that the reason why the trash couldn't be picked up is because a truck was decommissioned for the day.
Can you can you get into decommissioned for the day because no one could no one would drive it? No drive. Exactly. Okay. And it's that's not so to to frame it as a mechanical issue is inaccurate. Yeah. All right. Another question I have uh a concern that the advisory committee or some members of the advisory committee
has raised is that moving toward privatization may be irreversible from the perspective of selling off our own fleet. Yeah. Uh sort of what would you say in response to that? It is it is it's it would be hard to reverse. That's true.
It's one of the costbenefit analysis that we had to do here. Uh I don't want to hide the football with this. It's there there are benefits and drawbacks to it. And one of the drawbacks is that when you privatize services, it's hard to unprivatize them. Um you know, we take your mandate to create good
well-paying union jobs very seriously. Um and we try and do that. And you can see in our efforts in collective bargaining, for example, with the police department that we've been successful in those areas in some cases. here. You know, we are we are at a point where the
provision of essential town functions is starting to fray. Uh and we are the last community in the greater Boston area other than Cambridge that provides this level of in-house services. Um when I spoke about this to a colleague in another community, he said, "What took
you so long?" Um you know, it's it's it is difficult uh the costbenefit analysis there. I don't want to discount that. I don't want to discount even though no one is losing their job that this is a reduction in available positions. But what I would say is we
presented all of the benefits and the drawbacks to you and to SWAC and now to advisory. And we've said in weighing those out, it's our professional recommendation that this is the way we have to go in order to be sure that the level of service that the community expects from us is provided.
Uh Paul, yeah, just I I'm glad you brought up uh policing. Um you you brought that up and it just a moment ago and it and it and it I want to relate a number of years ago we had a small group of advocates essentially dismantle the police
department by by right they tried they tried but it had a significant impact on morale. We had people leave um we had leadership that didn't want to be here anymore. Um, and it it's taken years for us to rebuild
um our police department to the point where people want to come work here, where they feel good about working here, where they feel that they're supported, um, that their leadership is supported, the command staff, right down to the patrol the patrol person. Um, I'm really
concerned that the the messaging that's coming out from a very small group of of of individuals um is is is going to have a similar chilling effect on the leadership of our DPW. Um, they that that that I I've sat
through some of the meetings. I've watched them. Um, I'm I'm hearing the message on social media from at least one person who seems to be championing this like a zealot. Um I'm really concerned that this is going to be a
repeat of what occurred with our police department and it will occur with the DPW. Um the way that u we are undermining we not us a small group of individuals is undermining the the professional staff that we've have
that's been that have worked in in in the DPW for decades. They're professionals. They know what they're doing. They know how to operate. um they know the market, they know the conditions, they know the service. Um and we have a very very small group of individuals that is leading the charge
to undermine that department. Um and I think it's going to have if they're successful, it's going to have a very chilling effect. Um I would question whether I'd want to work here. um if someone on advisory that doesn't know anything about uh the DPW or the
functions of the DPW um and has some other motivation uh to be able to undo and undermine our professional staff is very very concerning to me. Um and I think that we can't under we we cannot underemphasize that portion of it. It's
not just a dollars and cents thing. If you're going to come and be a professional and lead and make recommendations through your chain of of of of command or hierarchy to the elected body um and it's supported to have it be undone by a few people um is
very very concerning to me. Okay. Made our points. You made point. Okay. Um okay. The idea of a communication from the select board where where should we go on that? Um Yeah, John. Yeah, just in answer to your
question, um I I want to pay a compliment to our town administrator, not for the first time. Um I've heard so many people say in the aftermath of the town school partnership meeting that they've so appreciated the clarity um
and the um uh careful um point by point um uh explanation that he offered of what's at stake in terms of decisions about how to close the budget gap for the schools. options available. Uh his description of the background made
everyone understand it better. His um presentation of options um helped everyone to get their heads around like what kind of decision are we facing here? Um what are the possible um ways to deal with this? And so my recommendation would be um he has
himself conceded that there was at least one initial message that ticked off some people made them think that we're questioning their you know prerogatives and so on and it wasn't artfully done. Um I I think on second opportunity um given his skills at you know putting
into writing and presenting um the big the picture of the situation we're in in a way that they will fully grasp um what's in front of them and I hope have a little bit more sympathetic view of of why we think it would be disastrous and that's not too strong a word um to run
into um a situation at town meeting where we can't even agree in Brooklyn on how our trash should be picked up. Uh that that that would be a really awful situation. Perhaps we could send them the draft minutes and therefore they have it from you. They have your comments reflected in the record and
it's not there's no accusation that I'm filtering your comments or you know arguing that they have it directly from your words. I have to say not all of our comments will be wellreceived and you did such a good job at the town school partnership meeting. It might it
might work best just coming through you. I don't know. Well, but he's already he's already sent us I feel bad. Yeah, I think the idea of of of sending a certified copy of our me minutes to them is is probably the easiest um you way of
doing this and Okay. Yeah, we're very clear. Or just they can just read Sam Mince's summation. Well, we can we can append the summation or the article that he's writing to to the minutes. Wait till we see the article. Well, yeah, depending what it said.
So, uh, why don't we do that? Um, okay. And and they're meeting Thursday, so we don't really have a whole lot of time and to do whatever we But I know, you know, Kate, for example, is working on the always works on the minutes now. Thank you, Kate. And, you know, it's just an extract of the minutes. It's not
the full minute. So, so Okay, good. Let's do it. And let's vote on um article vote vote on the article article nine as that's proposed tonight by the deputy town administrator. Yeah. Yeah. Yeah. Um so I move of approval of uh
foreign article 9 uh as presented by the deputy town administrator um with the um um changes on uh tables one and two um attached to
the original let me get it straight here. Well, attached to the original um uh article. Uh all in favor, please indicate by saying I. John Vancoyak. I. Um Michael Sandman. I. Paul Warren. I.
David Pearlman. I chair votes. I hope that was clear. Okay. Good. Okay. Uh let's go back to the order of uh our articles. Next one is let's see. who did
fogwa warrant article 17 uh amend article 6.6 of the town's general bylaws to restrict the possession of firearms in medical healthc care settings in places that serve alcohol for consumption on site and other medical health care settings.
Uh I may add that there is a recent Supreme Court decision that actually approved these types of uh prohibitions that that should be a factor in our inspiration here. Any discussion? Just to flag our hearing before. Yep. And the subcommittee, the advisory subcommittee on public safety
proposed a friendly amendment that talked about um uh the just some tightening of the language about removing some language about parking lots and adding some language about public establishments that sell alcohol. Clarifying that um was accepted as a friendly amendment. Um and uh ACPH also
concurred with the amendments. Yeah. Okay. So, um, any discussion? We're going to vote on the warrant article 17 as amended by by the advisory committee. Okay. All in favor, please indicate by
saying I. Jancoyak. Hi. Michael Samman. Hi. Paul Warren. Hi. David Borman. Hi. Both. I. Next. Warren. Article 23. Amend article 3.4 of the town's general bylaws to require the town clerk to timely update the general bylaws
following amendment. Okay. What what is the situation here? We we had a negotiation between um Mike Toffel and and the town clerk that resulted in amendment to theou. Correct. So I mean is this is this um Warren article really
it's been converted into a petition um a resolution a resolution. I'm sorry. A resolution not a petition. My fault. Um um that indicates support for it and encourages all the parties to it to prioritize its timely implementation. um urging us to be aware of the staffing
needs of the town clerk's office um and providing you know asking the town clerk to provide updates um and so uh we also I do want to flag and thank the petitioners on this um we are going to post the updated version of that I apologize that got caught up a bit in
the um the broader website redesign but we are on that and we will make sure that happens um thank you for that flag um and so um the that is the sum of the current resolution. So we I'm sorry. No, go ahead. We should be voting on the
resolution as on the on the one article as amended to a resolution. Correct. Okay. All right. So what is the effect of the if if theou has been updated and adopted and the resolution says the select board
should adopt theou and what what it's not it should adopt it should it should continue it should you know prioritize the implementation of theou okay okay so it still has value it's not like what this is thing is doing what we've already it talks about things like you know staffing of the town clerk's office
you know more regular updates from the town clerk it has it has requests but it does not create a bylaw mandate. Okay. Okay. And the clerk is comfortable with that. That's that's my main concern. Yes. All the parties have spoken and I want to thank everyone involved in that.
The clerk petitioners um all Warren who negotiated helped negotiate this original umou. So thank you to everyone who worked on this. Okay. Uh anyone object to voting on this? Nope. No, no objection. Article 23.
Um, all in favor, please indicate by saying I. John Vanco. Uh, I with thanks to Mike Toffel and Ben and everyone else for the way this has turned out. So, how are you voting? I,
Michael. I Paul Warren. Hi, David Broman. I guess I vote I too. Okay. U, we did warn article nine. Warrant Article 14, zoning bylaw to create an
administrative review process for requests for reasonable accommodation for individuals with disabilities. We probably should take that up with Warren article 15 also. Correct. Um to allow the building commissioner to exempt from the demolition delay those permits necessary for reasonable accommodations
for individuals with disabilities. Right. Um I will note that it's not in the packet but I believe it was circulated late a draft um recommendation from the committee on town organization and structure that this be referred to the select board for further review and implementation
outlining concerns with that department with from from that committee um uh regarding that by regarding these two bylaws um and saying that their preference would be that it be referred back to you um for expedious implementation of policy and procedure
So we'd have to set up committee to do that. Um I mean the the work, you know, I I think the big the big issue here is that the work is ongoing, right? You know, staff is doing that work now. Um and as you can see in the cos draft, there's a pretty
wide distance between the petitioners and you know, members of the you know that that committee um some of whom are lawyers themselves about what's required here. um and what the what the issues are. Um
so and you can also see that the staff memo from regarding 14 and 15 does raise some concerns on that front. Um with that said, I don't think anyone is anyone on staff is suggesting that the aim of this these warrant articles is not something we should be doing. We
should be doing it and we're trying to do it as quickly as we can. um you know we've we tried to make this work on an ad hoc basis and we had a court reject it because it was too ad hoc. So now we have to come up with a process and unfortunately process takes time. Um
that's we we recognize and we are absolutely supportive that disability rights are civil rights. Um they're not things to be played with or challenged or subject to a heckler's veto. None of those things is true. Um those are the touchstones with which we do this work
and we're trying to make it happen. Um so so if it gets referred to the select board, can we set up a working group of of staff and you know one or two individuals um with an interest in this to to work work through this and come up
with um a warrant article for the future. Sure. I also think you know you're w I think you're welcome and within your right I mean John Joe Kalan town council is online. Um, I know John Bukhite, assistant town council, has been working on this for some time. You know, we're happy to provide you with a
report and an update of the progress of where we are and how far much farther we have to go. You know, whatever we can do to demonstrate that this is something we take very seriously. Okay. Uh oh, I was just going to say uh I'm I'm uh I'm very supportive of a referral
uh from the select board and to let staff continue the work that they're doing uh for all all the reasons that CTS have outlined. Um and you know there's I think that's the the correct course of action. So I'm I'm ready to support that type of motion.
Any other discussion, David? So I I guess I'll be on the minority on this one again. I think that civil rights are critically important. These warrant articles were crafted in such a manner that the definitions are simply taking verbatim definitions from
federal law. Uh and I worry that when we set up committees that can, and I don't think this will be the intention, but that can unintentionally lead to very lengthy delays. And I have concerns about whether this will really be addressed meaningfully and quickly if it
ends up in a select board committee. And so I would like to see it pass or at least voted on as currently constructed. What what what would happen if it were to pass as currently constructed? And h how how would we actually implement? We
would implement it as as written, right? You know, it's it's bylaw. Um you know, we will we will implement we will implement. Is it workable? I guess is a question. It's it's workable. Yes. Um but I think that some of the concerns that people have raised are concerns
that we should be addressing. Um so and you know again whether that is through this town meeting process now and if it gets resolved there so be it. um or if it's part of this. I I just want to say to David's point, I think it's important too that have town council if this is
referred back to have the firm guidance from town council on this because you cannot subject civil rights to that sort of you know well maybe you know I don't I don't want there to be a process that treats civil rights as something other than essential. Um so that should not be the
outcome here. Uh I Mike, you have your hand up. Yes, I do. Yeah. Um I would uh most assurely support referral. The difficulty with while the the purpose is as absolutely appropriate, not just admirable, it's absolutely appropriate that we have a
bylaw that explains a mechanis that provides a mechanism uh for um uh someone to u to obtain relief based on on disability. the um the way it's it's it's set up, that
process uh essentially gives no opportunity whatsoever for anyone else um uh like a an abuter uh to uh to um get an understanding of what's going on until it's already been until something
has already been approved and basically a bulldozer shows up next door. Uh and I think that's um uh as as a practical matter, I think that's really unfortunate. Uh and I think uh you don't want an abuter to have veto uh on the
one hand. On the other hand, you want some opportunity for input so that uh and the butter can make their their concerns known so that something can be perhaps modified um so that it completely satisfies what the um what a
um what someone is looking for for relief uh and uh still has a the a an impact on u butters on neighbors and so forth.
that uh is not beyond what's necessary. Hey David, I very uncomfortable with the idea of a Butters having essentially veto authority and I don't I know that's not what I said to that. All right. It's not what you're saying, but that would be what a butters are looking
for. The reason for a butter participation is to try to block whatever the accommodation would be. Yeah, that's that's really unfair to the to Butters. I I object to that. I'm sorry. Every aut and a butter may say, "Gee, this is
fine, but can you do this?" Uh, it still gives the uh the issuing authority the opportunity to say, "Well, no, they don't want to do that, so here there's the it's a reasonable accommodation." Yeah. Which the building commissioner is going to either say yes or no on. We just finished a discussion about let's
trust our professionals at DPW. Why can't we trust our building commissioner? So, it's not just that the person who applies for the accommodation automatically gets it approved. There's still a process. The building commissioner has to approve it. The building commissioner can consult someone at planning. That would all get
done. Uh and and yes, I I don't want to create the impression that all of Butters are looking to block everything just to refine that a bit. What I meant is that their participation is to at least influence what ends up happening with the accommodation in some manner, not necessarily to completely block it.
And I'm not sure that's really appropriate for the abuter to be doing. The building commissioner can do that with consultation from other staff. If we're going to say that we trust our staff at DPW, we should trust the staff in the building department as well. Well, actually, David, our staff our
staff is recommending that we that we work on this more, right? So, town council is advising us to we heard it from the from the public hearing. You know, we have a process. We're working on it. We're going to refine it and we're going to implement it. So, staff is let's trust staff that we hire,
right? That's the staff that's making a recommendation to us that they're working on it. Let's if we want to put a time frame on that, I'm fine with that. But that's actually the staff we should be listening to, not projecting something in the future that we should listen to potentially the building commissioner should, you know, he he be
approved through an action of town meeting uh to to be the sole arbiter uh an overseer of a process that has no visibility or transparency or ability to be appealed. Go ahead. Uh yeah, I I think there's a context to
this which is also important to keep in mind. Um, granted, these are not easy issues to resolve. Um, uh, people tend to want you to think they're very easily resolved, but but they're not. Um, uh,
reasonable accommodation, absolutely. What is reasonable? Should should a in a case where the reasonable or the requested accommodation has impacts on a neighboring property that no um other
person uh would be um allowed to uh impose without there being some kind of process for the neighbor to at least weigh in as to whether this is uh reasonable u to be offered by by our building department. um you know that
that's a very different matter. And the last time that our building commissioner um was you know under his his own authority um w was involved in making a decision as to granting an accommodation to the very person who is the sponsor
petitioner of these articles. Um the neighbors sued and guess what? The courts agreed with the neighbors um that the process that was followed had not given sufficient um was not sufficiently clear was was not sufficiently um
described and and I think there's an implication there that it that that if it once again results in the same kind of a um process by which neighbors have no access to even weigh in on what is a
what is a reasonable accommodation. Um there will be another lawsuit and and perhaps we'll be right back where we started from. By the way, who is recommending referral to this liquid? Is that why you say cos? Oh, I'm sorry. COS.
Has the AC taken this one up? Not yet. I don't believe actually I I don't have anything in the packet from them. I'm I'm not entirely sure that this that it needs that it should well if it comes back to the site board basically it it
it goes to staff to to do the work and that that that would be that's okay. I was thinking originally that it might go to the planning board but uh I I think maybe COS is right. Okay. So, um, what's
your what's your we move referral? Let's I move referral to the select board. Okay. Uh, move approval of a of referral of warrant article 14 and 15 to the select board. All in favor, please indicate by saying I. John Vancoy. I.
Michael Sam. I. Paul Warren. Hi. David Corman. Nay. And chair votes I. Okay. It is 8:15. Do you want to take a break? Yeah, I do. What if you guys do? Sure. We can can eat some candy that I just
happen to have. We only have courtesy of a member of the board. You got six. Yeah, we have six items. Six easy items, right? Yeah. [Music] [Music]
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[Music] [Music] [Music] Um, and the amendment I'm going to uh submit u basically says uh be it I mean
it it adds a cont Um I mean it's responding to something I said that GBT is that GBT disagrees with you. So my amendment would say be it resolved
that Brooklyn Town Meeting expresses its support for H104S588 an act establishing a climate change super fund to build polluter accountability and fund climate resilience. And here's what I add. Provided, however, that the Brooklyn
town meeting does not support section 2T of said new chapter 21P of the general laws relating to the requirement that structural iron and steel used in any public work contract be produced or made in whole or substantial part in the
United States from the initial melting stage through the application of coatings for the reason that said subsection is not gerine to the bill and would place significant financial and other burdens on such public projects in
Brooklyn. That's my position. So, um I move um uh favorable action on article 25 as uh amended by the chair. Oh, okay. Anyone else have any thoughts?
Well, I'm I'm just curious what led you to the discovery of of this partic because it, you know, hearing you describe in detail why you feel it's important to take that part out. I'm wondering what else is in there that I I have I have not from the beginning viewed this resolution as, you know,
being sort of hanging on our our thoughts on HD 3369 SD1674. um in in that um that's a question to be resolved if and when there ever is a climate super fund bill um um
established by our Congress which um the reason we're facing this petition is they haven't yet succeeded and precisely because of issues that I'm sure like the one you just raised and um you know I I'm I'm willing to defer to the wisdom
of our Congress as to what should be in a um make polluters pay type of legislation. Um, and this is just a show of support that we think um we urge them to towards succeeding in that effort. Right. Well, it it's the state
legislature, not Yeah, it's not. Well, we turn we turn to the state legislature because Congress and so we're sort of saying all right let's pass it at the state level even though that raises all kinds of questions of overlapping you know um uh how can Massachusetts sue I
mean stop a company in Arkansas you know from and require them to pay into it but this is only for projects funded by the super fund uh in Brooklyn so you know we would be required to use American American iron and steel
couldn't use for example Canadian iron and steel but it doesn't exist the super fun doesn't exist but it's referencing a specific article John how right it's referencing a a specific bill that is that is being debated in Congress legis but it started with a
bill in Congress I'm told by the spot of this um and uh the the legislature will have to sort out all kinds of questions um including the question whether it's it's frustrating frustrating that Congress hasn't adopted this, but does that mean the state can adopt it um and
assume the same kind of authority over um corporations u that is that is behind the push for the congressional bill? Um that that's a separate question. Um and I don't know the answer to that. It's probably unknowable. But uh the the
section that I'm talking about regarding um by American iron iron and steel Yeah. um is sort of comes out of nowhere basically. The the rest of the bill um talks about setting up the fund, what it be used for, etc. And then suddenly on
section 2T, it says uh any projects must have biome oppose what's what's being proposed. It's just raises questions for actually made a motion and I appreciate it. I did it before there was debate. Mike's right. Mike's right. Uh perhaps
we could I'll second the motion. Okay. I move approval of uh the amended warrant article 25. Uh as amended by my um language. Uh all in favor please indicate by saying I. John Vancoak. Hi.
Michael Sanders. Hi. Paul Warren. I. David Crowman. I. And chair votes I. Okay. Thank you. Next uh resolution expressing support for back from the brink of nuclear war resolutions and other associated efforts
to eliminate nuclear weapons. Uh any discussion of that? I think there are much better ways of eliminating the threat of Herman Khan's mega death. Um but this is nothing more than virtue signaling. But
since it's harmless, I will join the crowd display my great virtue on this issue. Any David, I still quibble a bit with the uh language saying that we are also going to move forward removing the
president's sole unchecked power for nuclear war. Again, I'm not saying that because I support nuclear war or because I support any particular president and the exercise of that discretion, but typically I think a resolution should
try to be at least somewhat narrowly tailored to a singular issue. And this one seems to be to move away from nuclear war. But that clause is essentially saying, and let's also change our constitution while we're at it. Article 2, section two very clearly has that the president is
commander-in-chief. It is the president's decision whether to um take military how to use the military. That's just the reality of our constitution. And I worry that the way this language is written, it's mixing two separate issues. Do you want to amend it? Yes. I
would like to move that we remove that clause but otherwise approve uh this. What's the clause article? Is it a whereas David or is it a try to find where? Yeah. Okay. It's the resolve. Do you want to right be it
resolved thou therefore be it resolved and it's the second page first paragraph uh third to last line fourth to last line ending the president's sole unchecked authority to launch a nuclear attack.
Okay, let's uh move that we um recommend favorable action sub uh as amended. Okay, all in favor please indicate by saying nine. John Vancoyak. Hi. Michael Samman. Hi. Paul Warren. Hi. David Pearlman. Hi. And Jeros. I bomb
them back into the stone age. By the way, there's another person who has sole authority to use a nuclear weapons and that's the commander of NORAD. Um, which is a North American air defense sector, which may be kaput now that uh Trump wants to make
Canada the um 51st state. Oh, that's right. We have a joint defense arrangement with Canada. That one next. Next. I wonder if they Okay. So, when is um Orin article 28 resolution affirming the town's
commitment to democracy. I'd like to make a little statement on this. Uh if you don't mind, I'll make it quick. The threat to democracy is a clear and present danger, and this resolution can help people realize the immediiacy of that threat.
I wish I wish the resolution talked about the oath that each government official, police officer, military person, lawyer, and others take to the Constitution of the United States, including to uphold and protect the right to due process of law. I take
credit for changing the oath that new Brooklyn police officers take to uphold and defend the Constitution of the United States, not just the town bylaws and the state constitution, which was what the oath previously said, uh, which my policing reform committee proposed
following the January 6, 2021 attempted coup. These oaths demand that we resist and fight illegal acts even under the color of law, such as arrest without a warrant or an opportunity to be heard or defend oneself or what we call a
kidnapping or arrest for exercising the right to speak freely even if the government opposes the content of your speech such as happened to the TUS graduate student uh Romesa Uzer. All of us are likely going to have to
decide whether and how to act to uphold our oaths when confronted with unconstitutional actions from the administration in Washington. I don't have any ideas as to how we do that, but it's something we should think about. Anyway, uh I would move a favorable
action on foreign article 28. Any other as as amended by the advisory committee? Yes. Right. I'm sorry. And and wait, I I guess I don't know what it it cleaned it clean some stuff up. Oh, okay. I know about that. Yeah. Yeah.
More readable. Clean it clean it up a lot actually. Okay. There's a lot of red lines in here. Yeah. It's still the message is the same. Okay. All in favor please indicate by saying I. John Bencoyak I. Michael Sam.
I Paul Warren I. David Corman. I chair both side. Okay. Uh resolution providing support for transgender non-binary and gender diverse people. Um any discussion on that? That that is an important
resolution. Um and that's that's as amended. That's there's minor amendments there. Yeah. No no major stuff. Um with the death of um Pope Francis um we we think about you know things
like this because you remember it was at the church where his uh coffin was taken after the um uh whatever the ritual was where there were a number of people including
non-binary individuals greeting him reading him often. Uh so you know we're losing someone who could have really helped um uh on on this issue which is becoming a hot political issue in this country and of course around the world.
That's just my opinion. Um all in favor of uh favorable action on foreign article 29 please indicate by saying I. John Vancoyak I. Michael Samman. I Paul Warren. Hi. David Pearlman. Hi. Both.
Okay. um warrant article 30 resolution regarding the work of the moderators committee on forms of government and what is is I I see that Marty was on on our Zoom. It's you want to make a
presentation or something? Oh, I mean it's it's we've already had a public hearing. Yeah. Yeah. This is a not a hearing. Okay. Um I'll move favorable action. All in favor, please indicate by saying I. John,
I'm sorry. We're going ahead so quickly. I'm I'm confused as to where we are. What we're article 30 up up or down on uh moderator the uh resolution regarding the work of the moderators committee on government to continue. Yeah, I'm a no.
You're a no? No. Okay. Um Michael Simon abstain. I'm a member of the uh charter charter committee and I've been asked to recuse myself which I will not do but I will abstain. Okay. Paul Warren I um David from I am and
chairside. Okay. We have one other warrant article um that's on my let's see you've already voted on this one. So you'd have to reopen and Okay. And why are we revoting it? Oh, we I thought the 5050 slip
between the housing fund and uh we we adopted that. We approved that. We adopted that. Yeah, we adopted that. So, what are we reconsidering? Um I'm double let me double check. Looks like there was an amendment filed. Yes. The amendment effectively
um I think there's a couple of amendments. one makes the tax apply uh only I I think um looking at the settlement the closing statement I don't want to read all this but basically taking out if you have
fees that are charged to the sale of the home that would be you wouldn't pay on that and if you have a mortgage I think that was also um uh would be reduced you'd only you'd only pay on the kind of the net the net proceeds right is that is that am I reading that right Chaz yes
my understanding. Yeah, those those are the two additional amendments. I my concern about the the the mortgage loan is that people will game the system and go load up their load up their property, right? I get a mortgage from my brother-in-law and Well, I don't know about a brother-in-law, but I could see
um I understand the the intent, although there's not an I don't know if there's an explanation here. I can understand the intent. Um but I I could I could see it really Yeah. being people want to open up our our vote or reconsider our vote.
No. Leave things as as they are. Well, our vote was on a 50/50, right? But not these new these two proposed amendments. Yeah. Yeah. Okay. So, we'll we'll just not do anything. Yeah. And that is the
end of our agenda. Yay. Okay. And it is 8:40. Wow. Holy mackerel. I looked at this. Is there anyone? And I thought we're going to be out of here. Anyone who would like to make a comment, public comment. No, Regina. Thank you, Regina. Looking
at you. All right. Okay. Thank you. to come.