That's where you have a lot of windows in the south. No, actually, that's passive solar. And passive solar is something that was developed and designed in the 1960s and 70s, and it was a great thing for what it was at the time. But it's not a passive house.
 was passed in the last legislative session.
 very complex, really hard to get through.
 This is a passive house.
 had a hydronic heating, a baseboard heating.
 Yeah, well no, I've built it out.
 Never mind the word.
 So it's its own paper.
 They just love it. It's a great place to raise a family.
 is the amount of moisture that will let in.
 Here's the window bucks that we put in using this nice jig.
 This is actual data from actual houses in Vermont.
 So the first thing you notice is that the temperatures inside this house are very even.
 We like using expanded polystyrene, which is what we know as styrofoam.
 It's not me. I have a chimney outside the house.
 I've been to their house.
 How do I have six inches sticking out, but the window starts here? How do I actually make that work in the new, I just decided to rip it out.
 So a lot of people who've heard about Passive Out say it's really expensive.
 This is the solar hot water tank, and this is the backup because Vermont does not have enough sun in the winter, and we have very cold winters, to give you all of your hot water through that system. People were worried that because we're only putting heat into this room without any distribution system or duct works, that this room up here would be cold.
 There's no heating system on in this house.
 What we're seeing here is the nice warm inside.
 I cannot say to you, build a house with these walls and you'll have a passive house because there are too many factors involved.
 much it.
 And this is the path that we're working on. PH is just my abbreviation for passive house.
 And nobody knew then that they were creating a convective pathway. Because it's not more expensive or take more time to put the sheetrock up first, it's just something they didn't do. Because the sheetrock guy came next week and that was easier.
 and the thermal bridging is insignificant.
 they're the best thing around. So I said, well, you're the expert.
 There's a lot of work.
 I have houses that I've helped design that if you invite 15 friends over, you're heating your house.
 last two are passive houses.
 So that's the standard.
 Unfortunately, the basement was not all that finished, so I have an opportunity.
 Don't let them build a house that is going to cost them $3,500 a year to heat when we can build them a house for almost no more money. Well, 15% more down, but no more out-of-pocket-per-month money that they'll be able to heat for $400 a month in the winter.
 and water is conductive.
 Every one of these hungry, cold mice are thinking, nirvana.
 Here's my house. Here's my deck.
 gaseous water can move into the wall and move out of the wall.
 They even have grades of installation, installation one, two, and three, where one is the best and three is the worst.
 So that's the first presentation.
 There are four things you have to hit on Passive House.
 I am a Passive House Consultant.
 cost was all the work that had to be done.
 If you build a house and someone says, let's put Tyvek on the outside and make sure that when you put the fiberglass on the wall, make sure you put a thing of poly of that clear plastic on the inside, that's death to a wall.
 And then I wanted that bay window replaced with a flat window and that cost me another $4,000.
 So I said instead of doing that, I'm going to put a bunch of 4x4s on stilts into the ground.
 I just make up a number.
 Now I'm going to ask the question.
 And as soon as the energy that you're using goes up in price, then because your passive house is using 90% less than that house, your incremental increase in cost is smaller.
 work with a contractor who does energy audits, and we walk around with a thermal imaging camera.
 What does it cost for this person who's living in this house? Now this is a habitat house like a
 There's a maximum overheating of 12%.
 seemed like a good idea at the time.
 Every time I've undone a wall, like in the garage or somewhere, and looked at that, in the basement too, looked at that stuff, it's black with dirt.
 When I'm doing my air sealing, when I am in a passive house or in a house that I'm trying to make really tight, every hole in your wall is going to increase your air changes per hour.
 I'm also adding 7 1⁄2 inches of rockwool downstairs on the inside because you know you have that bump out with the cinder block wall, and I decided I just wanted to fill that up.
 I was amazed, I thought that I had a great view with this window, with the 5 by 5 and then the two side windows.
 You have a very nice house, feeling-wise.
 You can build a passive house with lots of foam, either the blue boards that you see at Lowe's or with poly ISO.
 A lot of houses have thermal bridging, and in passive house, we need to eliminate that thermal bridging in order to get to a super energy efficient house.
 And we found through studies that people are comfortable at a lower set temperature if all the surfaces are radiating the same temperature.
 And what that means is that we're actually drawing air through the house the whole time. That gives a nice fresh air all the way through.
 And what did the 20th century bring us? Well, it brought us a lot of machines, and it brought us cheap oil, which is basically what we've been running on as a country for 100 plus years.
 Net zero means that your house uses a certain amount of energy and you have a certain amount of renewable energy that covers the amount of energy your house uses.
 You have a right as a person who is selling that to go to the bank and say, I'm selling a horse farm.
 This is all the spray foam that he did against that OSB that you just saw, giving me an R-value here.
 got a walkout basement which is where the garage is.
 you ain't for me.
 We've also done button-up workshops.
 And these slides are just to show you the variety of what a pass-file is going to look like.
 So the energy triangle says the first thing we do is we reduce the load that we have.
 Energy Star is a Department of Energy program.
 There are some buying groups appropriate.
 This is the actual blower door test, it was 4.25.
 Now we like our bedrooms a little chilly, but we didn't like them that chilly.
 Something I did myself because I happened to have had the time to do it is that I bought myself a tag along backhoe for three grand because renting them was $150 a day.
 And if you get there, then you do this.
 This is an intelligent membrane.
 The other thing we'll notice is that this orange dot is the room that has that heat pump blowing that warm air in.
 We like cellulose, which is recycled newspapers.
 your refrigerator, your washing machine, your television, all of your electronics, your light bulbs, everything, your dog, everything that you have in that house that's giving off heat is a heat source.
 So that cost me another $3,000. I wasn't expecting that. It brought me up to my about $50,000 that I paid Jim to do the work.
 And...
 Why PolyIso? PolyIso's CR-Net board has a very high R-value and you can buy it used very cheaply, which means that I'm saving it from going into a landfill, I'm not causing them to make more for me, and I'm getting a high R-value.
 that stuff out in the rain, a week later you can just squeeze the water out of it.
 This is the code house and what the mortgage would have been and the energy costs.
 What's fascinating about Vermont is that it's got a very democratic legislature overall, but there's also a very deep libertarian democratic bent, which says we cannot force things on people because that's not what we do. And every time they appoint someone and say, look, what we'd really like to do is to say you cannot sell a house unless you have an energy audit.
 heat goes
 Now I have to explain something about that.
 be a little worse than a Passive Assessor.
 First of all, if you see black, when you open up a wall, if you see black in your fiberglass, you have air washing.
 As a matter of fact, I had a Pendleton Avalon and I thought that I could buy an outside air unit for it and I found out afterwards that I couldn't. So I had to get rid of my wood stove and buy a brand new wood stove.
 I took 6 inches of that styrofoam outside, I put 2 inches on the inside, and I'm building the whole wall out to meet that.
 It's tied to something called the International Energy Commission Code, which is the minimum that you can build to.
 If you're jumping around, you can give off more, but you're putting off as much as a 100 watt light bulb.
 Why, however, is that so high? Why is this one using three times the heating energy of that? It happens that that family is being lived in by, the family that lives there is from the Sudan, and they'd like to heat their house at 90 degrees.
 You gotta be careful.
 I put another stud on, just a 2x4 stud, so I could get two layers of 3.5-inch rockwool in there, making 7 inches.
 don't have any access to the house.
 questions.
 So there's your $4,500. What do you do? Here's the modified chainsaw. So here's my wall coming up, and here's my ceiling joist coming out, and that's my roof joist, my truss, my, it's actually gusseted. This is called a gusset.
 package says our value of 3.3 per inch.
 Those two garages are under my bedrooms.
 And that source means that the energy they have to put in at the fuel plant, the coal plant that sends you that fuel, that electricity, or in Saudi Arabia, what energy it takes to pump that out, ship it here, and put it in. So the source energy that you use. And air tightness.
 Today we bring you Chris West.
 We ripped all of the siding off.
 So there are value, especially if you know you have rodent activity, because what's happening then is that the feces and urine are becoming blown throughout the house and you're getting that in your house.
 My final wall value is an R66, which is passive house standard.
 How is the indoor air quality? Very important question.
 So we like to make small houses if we can.
 That's where the Sudanese family is.
 not very fond of the look, but it's on peers.
 Conductance is the heat that goes through a material and out into the cold heat.
 Better building by design. I started going to better building by design.
 So it's kind of like, OK, we're going to do whatever we think is the next thing, and in two years, we'll just make Energy Star 4.0, and that'll have some of the stuff we did in Building America. And then we have Passive House.
 And a heat pump, like I said, is 250% efficient.
 So let's get off of that by making our houses, once again, that triangle. Reduce first. Reduce your load first.
 actually more like 8 kbps per year and I got mine to something on the order of 20.
 We're going to be building that back.
 place in the country that doesn't work. And we're just very thankful for that.
 So when you think about where we're putting our efficiency, things like LEED and the National Green Building Standard are very into sourcing locally and doing all of that.
 There are the two other losses.
 Although I must say when we go and we do an audit it's almost always the case that we tell the people you've got to get this insulation out of here. It's full of mice rodent droppings and it's not functioning and it's not sitting properly. Like I said in the beginning, you cannot install fiberglass to our 3.3 that they say on the box. It's impossible.
 gives me an R88 up there.
 So I can't make that air changes of point.
 that's the best time to do it.
 There are air exchangers that just bring the cold air in and take the warm air out and don't do a heat transfer.
 Rockwool is the name of the actual stuff. RockSoul is the company that makes it.
 What we did is we did it in two courses. And these are washers and we used screws.
 If you were to go to Home Depot right now and buy windows, Anderson's super low E windows, they have a U value of.29, which is almost double what you need as a requirement for the passive house. And they have a solar heat gain coefficient.
 through the year, she's spending $67 a year for everything.
 The closer you get to the outside wall, the colder it gets.
 Here's the south elevation, not a greenhouse.
 So this is my thumb, that's my mouth.
 and I got used to it.
 And the science is now showing that EPS loses its R value at about a half an inch a year because it exchanges the gases that are in it for the water that's pushing up against it.
 So in the 20th century, we didn't fix the shell.
 But the Jericho Energy Task Force meets once a month, generally on the second Thursday of the month.
 passive house, it'll just take a lot more effort to get there.
 You can go to the Jericho Town Hall, you can register that as your house, and you can build it yourself.
 That's less than one an hour.
 This house is only being heated by the sun at this particular time.
 There's a forced choice, that's not a choice on purpose.
 So this is the first course of that three inch poly I put on the house.
 So these are the numbers, which I'm more than happy to let you stare at, but it doesn't help the pain, the fact that it costs so much.
 You know?
 If you see when they break this out that the heating is only a third or a quarter of this, they're spending about $20 a month to heat this house on average in Vermont for a family of three.
 And then my heat pump, my heating system, heats from 60 to 70 instead of from 0 to 70. And that is key.
 and then 15 minutes later, it's happened all over again.
 engineers are in the function of reform in general.
 This is the tube, this is me making it all.
 Now that's not the EPS, right? Because the EPS was only attached to the cinder block.
 I blew 24 inches of cellulose into my attic.
 For the builder it was a good idea because they wanted the cheapest house they could build.
 and I learned that these things stink.
 I already did it.
 And if you've ever been in a hotel and you've seen those kind of things on the wall, some people call it a wall wart, that's the inside unit.
 and we're going to, and you know, and then we make it a baseline for people to say when they're buying a house, well I want to know, you know, what's the building performance like? People should know what building performance is and people don't know what building performance is.
 There's a loss there because you're bringing in cold air.
 The seller can say, look, I know that this is wrong with this house and I'll fix these things before I sell it to you because I know I can do it well and cheaply or whatever. Or I'll take my price down by what the difference is. But I'm making the price up anyway.
 cutting down on the heating load.
 And what's important about this is this orange slice right here.
 Building Performance Institute certified auditor will do.
 attached deck is a, you have your banjo's going around your house, right, that your floor members are sitting on top of, and then to make a deck they just stick a plate to the side of it, they call it a ledger board.
 triple glazed with a thermally broken frame, the whole thing, but didn't. Okay, so in my renovation plan, I decided I'm not going to replace these windows I just bought. I'm
 So I decided to keep it, but I decided to wrap it.
 The exterior sheathing is homosode except in the corners where they thought we need a little structure so we're gonna put some some half-inch you know plywood that's it.
 cost about $5,500 and I'm doing the installation myself and my budget is $70,000.
 Because every time you have a change in geometry, every time you have a dormer sticking out, you have a potential for a thermal bridge.
 This is the actual house.
 we look for in the passive house, we look for 0.5 or higher on the solar heat gain coefficient.
 If I stop that pressure coming in, isn't it going to be sick? Aren't I going to not have enough oxygen? And the answer is if you don't bring the air in on purpose, yes. But what we have is a new technology.
 And if you're going to do that, then please talk to me and I'll give you some ideas.
 Instead of having that step that you often have downstairs where everybody puts their books, I decided I'd just run to the wall.
 If you want to do that, you can.
 Outdoor air has 450 parts per million CO2.
 It doesn't have to be small.
 If you're interested in doing something to your house, go to the green building advisor, look it up, see what the experts are talking about.
 That's the beauty of efficiency of a monofilament.
 is, it's when someone builds a house, puts it on the market and lets it sell.
 And we can, using the application of modern building science, we can build houses that use almost no energy to heat and cool.
 Yeah, into a stupor.
 I pulled it away, I'm gonna put it on still.
 We had a 21 degree day the other day. My HRV isn't even working, so it's not redistributing the heat in the house. My house was
 you
 This is not being lived in for a year round.
 And what heat recovery ventilation system does is it has a heat exchanger in it.
 I needed to keep wood in the mix because sometimes a pile goes out for days at a time, maybe a week at a time, and I don't have a passive house that I can be sure will be at that 60 degrees with no heat at minus 10 degrees for a week.
 When you make a house really energy efficient, you don't have mouse problems. Speaking of mice, we have lots of mice that come in, especially around this season.
 If you have a leaky house, it's creating a negative, when you're burning your wood stove, it's actually creating a negative pressure, sucking air from the outside in to give you air to go up the chimney.
 Now that does mean, however, that if it's a 40 mile per hour wind, that's happening a lot faster.
 Here are the guys.
 And as soon as I finished having them installed, I took the passive house course and I fell over dead.
 And it is all sitting on top of the EPS as you can see here.
 The banker was like, people still not go for it. He happens to be a neighbor of mine, very nice guy, Dave Adams, works for the Vermont Federal Housing Agency.
 And in Vermont, because we're in one of the coldest climates in America, we're in climate zone 6, a cold and humid climate, we need an R50 to R60 wall, R80 to R100 ceiling, and R50 to R60 under the slab.
 That's what happens when you're building a passive house, to get that R40, 50, 60 outside wall.
 Now you all know what a raised ranch is, right? You've got about two to three feet of cinderblock wall in the bottom.
 And now what I'm doing is I'm cutting out this mouth so I can shove the insulation up here and I'm going to have other insulation, blown cellulose, that's going to meet it right here.
 I was using between 500 and 700 gallons of oil and three cords of wood to heat that house.
 Now we're in the 21st century.
 I need a special appraiser for this because my house is unlike any other house.
 So one of the things that we try to do, if you have that situation, four air changes per hour, five, ten, I've seen more, then you are heating the outside. And you need a really big furnace to keep heating that cold air that's coming into your house.
 See, the HRV is not even running.
 So when we're talking about building energy standards in America and in Vermont, we really have to just know what the playing field is before we can understand where Pacifast fits into it.
 So if you add my time, I'm estimating around $85,000 for this project.
 Okay.
 It also gives me a handy place to run wires and stuff.
 This is a vapor barrier and an air barrier and I used this high efficiency tape and I went from 8.25 air changes per hour, 50 pascals, to 2 air changes per hour. It's a 77% reduction.
 That's the passive house.
 So it's 72 in that living room and it's 68 in that bedroom without any distribution ducts except for the HRV.
 But the passive house community is also into less is more.
 The vinyl siding was beginning to crack anyway, and my wife hated the light blue.
 It's just unhealthy.
 Here's the build out.
 You saw that 4.75 with retrofits.
 And right here, I have a gap of about a foot right now.
 that becomes because it has a...
 Any other questions? Thank you so much for your attention.
 You all know about that. This is a yearly conference that Efficiency Vermont puts on for building industry members, builders, architects, et cetera, at the Sheraton in Burlington in February.
 So building a vendor is 15% more efficient than that, but Passive House is 90% more efficient than the RVs in the New York, Vermont Energy Code, and costs approximately 15% more to make.
 Not my favorite house.
 It loses it through conductance.
 They say you can only spray it if it's 80 degrees and there's no dust and there's no moisture.
 They do it in a factory laboratory and there it's possible.
 And because I had him foam all the top plates and all the recessed lights, all that heat is staying in my house instead of going up and through my cellulose, making it worthless.
 Now with the retrofits, it's one air change per hour instead of 0.6, but I can't hit that.
 One is a ventilation loss, which is the air that you purposely bring into your house to bring fresh air into your house.
 We have a wonderful environment for cooling in Vermont because you have these 85 degree days, you have these 65 degree nights, and you just open up your windows and it cools your house off and you close them up in the daytime. That's called night flushing and it really works here.
 And the 43.5% is the energy we use to sustain them after they're built.
 That's why we put our radiators under our windows and our outside walls.
 It's not only windows.
 high performance windows, windows with a U value of 0.16 or less, with a high solar heat gain coefficient.
 That is her heating, her hot water, her cooking, her televisions, her computers, the Xboxes for both of the children, and lighting.
 In boilers, they wrap boilers in this stuff.
 you're talking about this stuff
 That's why we have heat recovery ventilation, HRV, and enthalpy recovery ventilation, ERV, which also brings the humidity and keeps the humidity between the two places balanced.
 And I don't focus on global warming in this presentation, because although I personally think it's very important to cut down on our emissions of these gases, it's not that important to the story.
 I don't really have to introduce Chris because he's got his credentials up there, which is nice because I didn't memorize anything.
 You can make something with all kinds of dormers and wings and everything.
 Oh, XPS is waterproof. Absolute malarkey. Anyone who's ever been to a beach and been on a floating deck and had to haul one of those floating decks that used EPS as a float knows that that stuff gets waterlogged.
 And this is what I did to my joist.
 I even like it now, it's kind of cool.
 I'm doing my calculations, I'd like to paint a rosy picture and say I'm expecting a 5% increase or a 7% or even historically a 7.5% increase. That brings my payback down to about 7 years, which is pretty good at that point.
 You have a big house.
 Right.
 There's the two inches and around the windows, I decided not to move the windows out to the outside plane. I decided to leave them in, personal choice.
 That means that every hour and a half or hour and 20 minutes, that fresh air has been blown in, that cold fresh air has been blown through the gaps in your house.
 Here's the outside ambient air temperature.
 You can write on a napkin what you want your house to look like.
 Okay, now that's a good question.
 So I want the thing to work well. I don't care so much about the aesthetics.
 my daughter, helping me out.
 $67 a month through the year.
 Now it's not heated to the 70 degrees you want in your house, but some of these European systems are 85 and 90 percent efficient, which means that if I have a house and it's zero degrees outside and it's 70 degrees inside, my heat recovery ventilation system is bringing in cold, fresh air at 58 to 60 degrees.
 So when it's zero degrees outside and it's 68 or 70 degrees inside your house and it's blowing 22 and a half miles per hour against your house, if you have a house that's ACH4, that means every 15 minutes all of the air that your furnace had worked really hard to heat up has been blown out of your house and is now outside. And you've got a whole bunch of new, fresh, freezing cold air in your house that your furnace has to heat.
 And something that the Vermont Green House Alliance, which is a trade group that's also got members from all different branches, is working on is trying to push from the appraisal side to say, look, if you have a house that's really energy efficient, there's a provision in the appraisal rules that say if it's really super efficient, then it's not like any house on the market. And you can call it a
 And then you have the real demon, the infiltration loss. And infiltration is the uncontrolled ventilation of your house through gaps in your house somewhere around the windows, at the soffits, at gaps where this sill plate sits on top of your foundation. They're all over the place.
 It's just a suitcase-sized unit outside.
 What I have to do, so I took the class, the CHPC, that's the Certified Passive House Consultant, it's actually PHC, I was spelling it wrong, it's the Certified Passive House Consultant Test.
 So I'm not replacing my windows.
 I wanted 30, but 24 is enough.
 So they went through and they found the studs and they actually had to go and buy a 10 inch screw even though it's only 6 inches of insulation because the 8 inch screw was just not getting into the stud enough.
 and that is directly attached to my band joist.
 I'm just going to live with the fact that I have these windows.
 And that's what any good BPI that's building, no, it's been a long day.
 And what you notice with all of these is what's being reduced in general is that red bit.
 And what we see in this graph is US energy consumption by sector.
 So if you're making the price up and you say, I bought this house for $200,000 and I want to sell it for $260,000 and then you get the audit and you know that it needs $30,000 worth of work to really be energy efficient in a way that someone would be happy with it, then you can just say, okay, I'm asking $290,000. Right? We're making these numbers up. It's complete fiction.
 Those windows are designed for Georgia, where you want to keep the heat, the warmth of that heat from the sun out of your house.
 I'm getting that fresh air in my house.
 What do we get when we do all this? We have a 90% reduction in heating and cooling compared to the Vermont code.
 You can see it's got solar domestic hot water panels on the top.
 Sorry? Heat recovery ventilation. That was it.
 I'm pretty sure it would be above freezing, but I don't think we'd be there.
 So it is sound board.
 So if we were to make this graph, show it to where the actual limit is for safe air, we'd be up by the ceiling.
 That is a big deal.
 You can still build a super energy efficient house.
 You can do what I did, which is rip the outside of the house out and add a whole bunch of insulation.
 I sacrificed the extra square footage.
 The heat pump was set at 72.
 I don't want to lull you all with my sonorous tones into too deep a...
 There's a little deck.
 I'm saying expecting because nobody has built a spec passive house.
 the last 15 years we've had huge advances in building science and building energy science
 They poo-pooed Passive House in the beginning and now they're always referencing it.
 Fishies Vermont is an amazing resource.
 So the walls are four inch walls.
 Sealed combustion means that you have a pipe that brings fresh air to the unit and then out the chimney so you have a complete circuit that does not include the indoor air.
 or had a deep need to get up there and knock the bricks out. But I decided that as a part of my mix.
 This is in Norwich.
 It's like 20 years old. It's called a heat recovery ventilation system.
 It's 1,050 square feet on the inside, it's 1,200 square feet on the outside, just because you have 16 inch walls.
 And the real estate people don't want it for a reason that I can't possibly fathom, because it only gives them something to sell about the house.
 Now why do I have the other numbers here? Because it really depends on your siting of the house and how much solar heat gain you get as to what you need.
 Because I was like, ah, for $7,000 more, I could have had the best windows in the world.
 so it's not just hanging there.
 That means with a 22.5 mph wind and 0 degree air outside and 68 to 72 degree air inside my house, every 7 minutes my furnace had to turn on to reheat the air that was just blown into my house.
 So the first thing I did was get rid of the garage.
 So you're just burning a lot more, but who cares? It's really cheap.
 Well, if you have a house that uses a tenth of the energy that a normal house uses, you have a special case, and you can argue that to the bank and say, look, there's a real estate agent
 So there's no point at which this piece of wood that is then sticking out is going directly to the wood that's in my ceiling causing that thermal bridge and allowing heat to escape that way.
 My first move there, I said, I've been living in a house that always had natural gas because I lived in a city and I didn't really feel like heating with wood. And then I got the oil bill because I used a tank a month. And I was like, wait a second.
 I was heating the outside, literally.
 I decided that I was going to turn my chimney into a sealed combustion.
 The strapping is on there because when we do all this work, we actually want to have a plane for drying.
 It cost me $70,000 to do this work and I wasn't paying myself for my time.
 Okay
 So people, even people who don't like it are talking about passive house. Oh, that passive house. There's even a group who decided to call their thing an active house. Which is beautiful right on because you're pushing against passive house. Wonderful.
 Passive house has a minimum requirement for new buildings.
 It didn't get below 50 degrees with no heat on.
 I mean, put it together.
 That's what the house looks like now.
 I went from my furnace, I had a
 Yeah
 A lot of these standards that you hear about, LEED and the National Green Building Standard, they're really not focused on energy. LEED is about 15% interested in energy. But more importantly, there are pages and pages and pages and pages of these checklists.
 So Peter Schneider, who has given me all this data and who works for Efficiency Vermont, built this as an experiment.
 passive house does use passive solar heat gain.
 The next step down is energy star.
 you get this up and down and up and down on the inside temperature.
 We like using foam underground, below grade.
 The first five are Energy Star houses.
 And when I pulled down the insulation in my house, I had a mask on and I was using a HEPA filter vacuum cleaner because the HUNTA virus, although we don't have it in our area, is caused by dried rodent feces.
 And when it fills the vapor drive from the inside of the wall, it opens up and has a permeating of 34.
 That's what it looks like on, and then they framed it around with a nice trim.
 recognize this graph now.
 And what you see here is a picture of a thermal image of a house in a cold day.
 And what we found in Vermont, because there have been eight built in Vermont, and there are four more that are in the process of getting certified, and there are like seven or eight almost passive houses, that they cost between 10 and 50 percent to build brand new,
 But what we found, and this chart shows it, what we found is that that heat recovery ventilation system is so efficient, 85% efficient, that it's actually taking the heat from that room and blowing it up into the furthest bedroom.
 I ripped my oil burner out.
 Some of us are lucky enough to have a chimney inside the house, where it heats the house as it gets warm.
 Because you have that old cast iron radiator in the upstairs rooms and you're putting your heat pump water through there.
 So air sealing in the attic, you can see here my contractor, Jim Bradley from Kaleb Construction, who isn't someone who I sent away after I hired him.
 I just moved here.
 I mean, this part of the project was $42,000.
 They frame the walls and then they put the sheetrock on and then you have these pathways through these walls into your attic, which is what creates that convective current which we see in every house we go to.
 In the 19th century and before the 19th century, we built houses to keep the weather out.
 However, the other path is to make a super energy efficient house, put a lot of money into building a house that's really energy efficient and have a couple of panels to get to your net zero.
 When you get to a super energy efficient house, a house that uses almost nothing to heat, every loss, every gain has to be taken into account.
 So not only are you losing the R value, but you're bringing water against your house when you do that.
 They are. And I can't tell you how many times we go into a house that has supposedly insulated walls and we look and you just see these squirrely little pathways where the mice or squirrels or whatever, voles, shrews, all these little rodents get in there and they love it.
 So I went into closets as much as possible.
 And I, if you're interested, please, if you know someone who is planning to build a house, have them talk to me before they do.
 A 2x4 wall filled with fiberglass in between is about an R11.
 We orient our houses and we get those high solar heat gain windows so that when the sun is up in the winter and we want to capture it, we can hold those solar heat gains.
 Actually, this is a passive house, and this is a near passive house.
 And net zero energy is easiest to reach by using the passive house standard.
 Passive house is simple.
 So my name is Chris West.
 As long as it doesn't get to the point where the dew point is met inside the wall, you have no problem.
 And they even say in some of the standards, you cannot get fiberglass to class one for installation. It's impossible.
 So here I, some friends are helping me do that, and that's the gap now.
 and what the energy costs were and what the extra mortgage was. And it shows that the out-of-pocket from day one is exactly the same.
 So add 5.
 Does heat rise? No.
 and the taping took more time than they were expecting. With high par you just go...
 That's one of the holes that we dug. And that's my nephew.
 That's not the cost.
 He didn't even know we shouldn't be using Tyvig anymore.
 It's
 So I need to catalog every hole in the wall, I need to talk to every contractor, every subcontractor and say, look, we worked our butts off to make sure this was going to have a very low air changes per hour.
 You seem like a good athlete.
 eliminate thermal bridging.
 It's not going to kill you, but it will make you groggy and it will make you lethargic. And our kids have to suffer this too.
 So we use things like overhangs and shading to make sure that your house doesn't overheat.
 We can heat our houses to 68 degrees and that's not cold.
 And what we have here is the heat pump in kilowatts hours, the outside temperature, and the temperatures in the rooms.
 We use materials with low embodied energy.
 The wood studs are conducting heat from inside the house, outside the house, just like the fins on a lawnmower are cooling the lawnmower off by letting that surface area radiate.
 There's my window. I ripped it out and now it looks like that.
 But if you did this to it and got rid of that garage and made that garage conditioned space, you would have a really nice house, warmth wise.
 So after the insulation is on the outside I wanted to air seal the whole house.
 It was amazing how much that changed it. Because then the air was not escaping through the top, it wasn't creating a negative pressure plane that was sucking in cold air from the bottom, it just changed the way the whole house operated.
 and he's then going to go ahead and fill that with cellulose. And not a little bit of cellulose, this is my nephew.
 and then it's all framed going up.
 I need an appraiser who understands the valuation of a horse farm. And they get someone who's had that experience.
 Then came along the 20th century.
 And a lot of people have, and I run into this every day in my normal business, have ideas about what net zero is, okay? I'm going to tell you what net zero is.
 The first winter we had frozen feet whenever we walked from the conditioned space below over to our bedrooms.
 So I ripped it off, I broke it up, and when I was done, I am rebuilding it back on, but not attached to the house.
 You can get propane moderately cheaply, but that's going to change.
 We actually got it down to 3.95 and we're going to do another Bloridor test when we're done and hopefully we'll be down in the 3.5 range, which will bring my air changes per hour down to 1.7 or something, which is awesome.
 And the second thing we do is we use renewables to take care of as much of whatever the first one couldn't get rid of.
 makes a house that's 30% more efficient than code.
 We work on a whole slew of things, but one of the things we like to do is bring some public presentations to educate people.
 This is a 3,200 square foot pass faucet and stove.
 Every one of us gives off 100 watts of heat at rest.
 the inside temperature is barely changing at all.
 So we prefer natural products if possible and where we can use them.
 you buy cheap insulation, you hire Jim and his guys come and they do the whole job.
 This is a membrane that senses where the vapor drive is coming from.
 So you can't do that.
 from hot to cold.
 And then we have people who say, yeah, but I got to have my marble kitchen top. Well, what's the payback on a marble kitchen top? People are always saying, how quickly is my investment in Passive House paid back? Well, what are you investing in? What are you interested in? This is actual data from a project here in Vermont.
 I was going to add a six-inch sweater of poly isofoam to the outside.
 seen it.
 Isn't that kind of the moral of the story though, that the more detail you put on the insulating, the better off you are? Air tightness. If you're going to do anything to your house, make it air tight first.
 It has a couple of good things going on.
 Decided that I was going to add two inches of insulate, so I have six
 Air washing is where there's air infiltrating into your wall and blowing cold air through your insulation and taking that insulated value and making it zero.
 bought a hearthstone that had that attached to it.
 She has herself and two teenage children living there, and her monthly utility cost in January
 It just won't hit the pass-fail standard.
 I have access to the gable lens now.
 I hope I was lively enough that you're not all falling asleep.
 So,
 And this is what it looks like.
 we're all old enough to remember what a 100 watt light bulb is.
 So they're keeping their house at 90 degrees.
 allowed until ARA, until we took that money and we said to them, okay, we'll implement a building standard. And we now have what's called the ARBES, that's the Residential Building Energy Standard.
 We have a maximum total energy demand.
 We brought the home energy makeover trailer to the Underhill Harvest Market.
 So when I bought this house four years ago, I have these two garages.
 And so this is a 2 by 4 coming out that way.
 But if you go like that to fiberglass, it's got an R value of one or two.
 publicity is still publicity.
 Then we have the Building America, which is a program that the Department of Energy uses to showcase new building energy standards that will then be rolled into the next version of Energy Star.
 decided that they didn't want to build it with a basement or slab or anything.
 So it's three times as bad as a passive house. But I did get my house from 110,000 BTU per hour heating system to 24,000 BTUs per hour.
 there is no connection between my deck and my house.
 Amen, heaven.
 I mean, it's one of those wonderful circles that we call fishes.
 I wanted to attach to this installation.
 Yes, David.
 You can rip all the drywall in your house out and start again.
 This is the original stud wall.
 The only heat is what that HRV is blowing back into the house, throughout the house.
 You can build an 8,000 square foot, why you'd want to, an 8,000 square foot passive house because it's about how many, once again, just to run back, it's about the load per square foot per year.
 And then I wrapped it again and in the end it also has siding around it up to that point.
 And Jim, he had an opportunity because my basement was on drywall, it had no sheetrock.
 An air exchanger unit does not have to have heat recovery in it.
 the inside of the house.
 And when you are in your normal Vermont vernacular house, I live in a 1970 raised ranch, the feeling of comfort changes from when you're standing in the middle of the room to when you walk towards the window.
 You can also make it look like a contemporary house.
 That means the amount of heat that gets through the window into your house is 0.36 or 3.6
 So we can say with certainty that if we're going to look at Vermont baseline, which is that house that they were building before they adopted the federally required Arby's, that it was using this much heating.
 The two slices together give you the amount of energy that we've put into our buildings together. It's about 49% of the energy that we use goes into our buildings.
 As soon as the epoxy that's holding it together is gone, it's worthless.
 You don't live in a factory laboratory, you live in the house.
 I had an attached deck.
 They have a u value of 0.29, which is like a r value of 3.
 When you get a super energy efficient house, you are heating your house.
 The HRV is not even on.
 The blue diamond at the bottom is the furthest upstairs bedroom.
 So as a part of the Americans for Recovery Act, the hour of money that Vermont got, and we got something like $90 million, we had to, as a state, implement a building code that is based on energy.
 That is a third of the value of my house.
 I feel bad for you.
 Then I use this high quality European barrier.
 don't have this and then a break and then that because that point will allow heat to get out.
 and okay I'm going to learn how to stoke wood in my wood stove. And I did and I went through 700 gallons of oil and three cords of wood and I learned that you spend an hour a day tending a fire when you have a wood stove at home and that's life.
 So what's happened is that nobody is building coal-fired plants anymore.
 Actually, the air changes, five air changes per hour instead of four, which is kind of odd. But it is 30% more efficient.
 We didn't add insulation to any great effect until the 1970s and 80s, which is not that long ago. Speaking just historically.
 just to confuse people. This month we're doing the second Tuesday.
 So Vermont is a climate zone six, cold, humid, with 7,200 heating degree days.
 get an audit.
 I wouldn't want to bring that humidity into my house.
 So that's how they did it.
 You can't just get Joe, nice guy over here, appraiser who's never appraised a horse farm before.
 So the first thing we're attacking is that conductive loss.
 So we have all of these new machines, these boilers, these hydronic systems, forced hot air, that are not efficient because they don't have to be because fuel oil is 15 cents a gallon, 20 cents a gallon, and we can waste it and who cares.
 Right here, next to this couch, is the only heating source in the whole house.
 And we now have data that has been collected in this house for almost two years, and it is still operating this way.
 That is what Passive House can do.
 And when you put all of these things together, including a very small heat source in our environment here in Vermont, because it's just too cold to do without it, you have a super insulated house.
 you know I'm an engineer.
 This is from the outside going through the rock wall.
 I bought myself a really expensive but very good HR vehicle.
 They wanted to use that inch and a half nail. And we said, no, you're using that three quarter inch nail because we don't want to go through our air barrier. Electrical sockets, well water supply hose, outside garden hose, floor drains in the garage, fresh air supply for the wood sofa, all had to be air sealed. My cat decided that my very expensive membrane was a scratching post.
 So I wrapped it with Roxul.
 Yeah, you can crumble it in your fingers.
 and there are companies that can give you.6 and.61.
 And also houses that are not crazy designs with a lot of bumps out here and there.
 the north elevation has small windows.
 So you're basically making money from day one.
 But you can see here I've got Arby's, Vermont Energy Code.
 I like this slide, I like starting off with it because people usually don't have a good understanding of what the energy mix is in America.
 That's a great place for water to get into and to rot, but it's also a thermal bridge allowing heat to come out.
 double hung so that they're very leaky.
 I did a modified chainsaw retrofit, which means that I was trying to eliminate thermal bridging.
 I know lots of construction sites that have no dust and no moisture and it's 80 degrees, yeah, perfect.
 people are, as clients, having these houses built, and they're moving in, and they're living there.
 Green Building Advisor, which is something, it's an industry website with lots of blogs about how to build stuff. And I recommend it highly.
 All of these graphs are based on actual data from Efficiency Vermont.
 I have my heat pump on now.
 No insulation on the cinder block wall, a beloved blowgrade. No insulation on my slab. And 12 inches of blown cellulose in the attic. But my top plates are completely unsealed.
 Bye!
 But I did, I know that a lot of people have houses and they want to know what it takes to make a house that you already have into a passive house.
 not going to be attached to my house.
 and all the smells of that food are going out into the world.
 It's just a personal thing.
 So here's the end.
 A lot of people have just a standard 2x4 wall with some fiberglass in the middle, and that's an R11.
 First of all about this graph, you need to know that the limit for air quality is 1,200 parts per million.
 Short runs for your domestic hot water, which means when we design a house, we want all the bathrooms and kitchens pretty much near each other so you don't go from here all the way to here in your house and lose all that heat so you have to run your hot water longer.
 put another layer on top of the bigger screws and just longer screws.
 CFM is cubic feet per minute.
 I got 20 years with these stupid windows.
 This is something I learned when I was in the Netherlands. It's called the energy triangle and it's based on the recycling triangle, which is reuse, reduce, reuse, recycle.
 This is the first pacifist that was ever built in Vermont.
 So if we talk about how we need to know what our housing stock is like and we need to make sure our homes are safe and durable.
 The passive valve system is not proscriptive.
 People come up on the weekends.
 And in that heat exchanger are, it's kind of a bunch of straws that pass each other.
 But what we found, interestingly enough, is that the out-of-pocket cost for a passive house is not more from day one than building a code house.
 It's warm and it's a place where we have our happy family and our dog and our two cats and our mouse. That's the mouse that we have on purpose, by the way.
 My house is too tight for that.
 I have pictures of it.
 The blue board is something called extruded polystyrene and it has an enormous global warming potential which means the gases that it gives off are bad for the environment and it takes a lot of energy to make.
 This last year, every session that was talking about building energy talked about passive housing.
 We're talking about new buildings of 0.6 air changes per hour at 50 Pascals.
 So when we look at the energy that houses are using, this is more that data that efficiency of Vermont has given us.
 So I put strapping, 3 quarter inch strapping in and then I put the vinyl siding back on top of that.
 So this heat pump works down to minus 18, but it gives off less BTUs.
 So where do I get the bulldozer?
 This is the house, there's the Tyvac.
 What do I have? I've got a 30-year-old oil burner that was about 80% efficient.
 He was going to try to do it in December, but I'm leaving in December and we want to make it work.
 In the 21st century, they've really gotten into the science of how buildings work.
 new rules coming up in the appraisals and I might touch on that later if we get back to it. But why don't I turn it over to...
 A passive house has become more and more a part of the vernacular of building industry in America. And only the eight years that it's been here, it is now the target for the Department of Energy.
 I know your house and I know that at some point you guys will probably be well off taking the siding off and putting new siding on.
 I did on top of that, is I put 2x3 stringers on top of this so that I have a 2 1⁄2 inch gap between this and my wall, allowing a drying plane so the moisture can get out.
 Although
 What you're noticing first of all is that that red line is all over the place.
 We like rockwool, which is recycled slag from the steel process.
 This is 10% less worse than a passive valve, and that's 15% worse than a passive valve.
 Passive house, now a lot of people confuse passive house with passive solar and a lot of people who have been talking about the introduction of passive house which came to the United States in about 2005, started in 1995 in Germany, say, oh passive house, I've heard of that.
 So that's what they have to build to, even though until recently it was not required that the certificate saying that you built that was in any way filed anywhere. But we've been working on that.
 you usually get a 30% savings on your fuel use and most of us are spending what, $3,000, $4,000 a year on fuel oil? Easy.
 So you could actually say, well, that's a thermal bridge, and you're right, but it's this thick.
 Just us, the cooking, and things like that were heating the house.
 I went into my daughter's room, then into this garage, and then into my son's room, and then into my bedroom, and then back into the garage, and then into my bathroom.
 This is the same thing.
 People are still using the same amount of water, but it's the amount of energy you have to put in to get that water.
 That means that you can have a huge, wasteful, horrible house and have a field of solar panels and you have an S0 house.
 does the best work I've ever seen, his crew is great.
 get them for me and put them in because they're better than single pane. And he did. And it cost me $15,000, which is what, you know, a set of windows will cost you.
 I hired a local contractor who I'd never hire again.
 Because the way people build houses, I hate to drone on, please stop me if you're getting bored, but when you build a house, what they should do is they should build the house, before they build any internal walls, they should put sheetrock up. And then they should build the internal walls.
 is.
 And if I'm going to put six inches onto my house, then suddenly that bay window has got this really weird detail.
 Not only outside the house, but on the north side of the house. Great.
 and that radiator is not rated for that.
 The bread is warm, so the inside is nice and warm.
 lower annual energy costs, hello, and smaller carbon footprint.
 This is a ground source system that actually preheats the air before it gets in during the winter so that the core doesn't freeze.
 What's the difference? Moisture is droplets that you can actually see on the surface of something. Vapor, there's vapor in this room, that's just gaseous water.
 No one, even the best installers cannot install fiberglass to the rating it's given in the factory. Impossible.
 You have a maximum heating load.
 a bachelor's degree in mechanical engineering that I got living in the Netherlands and I worked as a mechanical engineer at the bachelor's level in the Netherlands teaching and also doing energy audits on schools.
 We have actual real-time data on 100 houses in Vermont, something like that, with monitoring systems.
 and that's an R, I'm going to be using R values.
 So this graph is showing, except for some outliers here when there's some cooking done, and you can see when people cook in these because the indoor air quality meters can see the rise in the volatile organic compounds, that the indoor air quality is hovering around 550 parts per million, showing that the indoor air quality in this house is better than any house in Vermont that was built to any other standard.
 small picture windows so that you're not stuck in a room with no light, but not big windows.
 certainly a lot less heating that red bit.
 Oh, they do.
 This is a drain in what was the garage that had to get covered up.
 So if you're interested in seeing my renovation, you can make an appointment just to come and see me or you can wait for the tour.
 said it was given to this woman.
 That means that something like eight or nine days in the summer, your house can go over 77 degrees according to the Passive House Standard.
 These are the mechanicals for the house, except for the heat pump.
 Bye.
 12 hour burn time instead of 6 which means that instead of an hour maybe I can spend only 50 minutes doing my wood stove.
 And when we went through and I had them use this super Mento 1000, this amazing European, this German air barrier, they had to spend much more time with the taping than they thought they were going to.
 They'll say the low hanging fruit is air sealing. Make your house tight and any insulation that's in there is good.
 I found a guy who told a guy who sent it over.
 isn't going to be great, and then you just at the end, you're like, I never, here's the money, I'm not going to argue about it, but I never want to see you again. Not a bad guy. He just doesn't know any better.
 And this is almost Paz-Vell's act.
 There is in the passive house, this green bit gets very small at the end, because passive house also likes to put passive solar hot water up and that cuts down, or a heat pump water heater which uses about a fifth of the energy of a regular water heater.
 And that gives the buyer something to bargain with and it gives the seller something to bargain with.
 hot air right
 rain outside, you didn't want the rain inside. So they built houses that kept the weather out for the most part, right, because you had these big gaps and sometimes rain got in, sometimes snow got in, but in general the weather was outside. And you built a big fireplace in the middle of the house and you stoked that with lots and lots of wood.
 The Vermont State Comprehensive Energy Plan, which the Vermont State Legislature passed a number of years ago, says that by 2030, 100% of the new homes that are built, somewhere between 1,000 and 3,000 depending on the year, should be net zero houses.
 The air is blowing out into that room right there. I'll bring that back up in a minute.
 So if you just had a crew that put a thing of sheetrock up on your ceiling before they put the internal walls in, you wouldn't have to have someone crawling in and taking your cellulose away and spraying the top plates to make sure they're sealed.
 Never buy them. Talk to me first.
 That's my son. Yeah, there you go.
 I said, what are the best windows you can find me? And he said, oh, Anderson, super low E.
 The second that this window was put on, we were all like, wow, what a beautiful view. I have Mount Mansfield right in front of my house.
 Yes.
 That's the fresh air supply.
 So I cut a bit out and made sure that when I put that six inches of insulation in, it made a continuous insulation layer with the cellulose in my attic.
 This room has more than six sides, but in general, six-sided rooms, that they're all radiating the same temperature tune.
 our kitchens, our bathrooms, and our mudrooms.
 air tightness. I'm going to be throwing out this term air changes per hour and what does that mean. I said that the Arby's has a four air changes per hour at 50 pascals. That's ACH 50.
 I happen to be very fortunate that I had a lot of equity in the house.
 You do it anyway, but you're living in that house at 55 degrees, which is okay, you can make that choice, but that's not the choice.
 It closes down and has a perm rating of 4.
 outside temperatures fluctuating wildly.
 The thing about foams is that they take a lot of energy to make.
 You need a plumber who's registered, a licensed plumber, you need a licensed electrician,
 But the third part always uses more energy than just not using it in the first place or using it without recycling it.
 And if you built it how we were building before the Arby's, you were probably spending $4,000, $4,500 a year to heat that house.
 It doesn't have to look like anything.
 So I have a northwest orientation with the ridge, which means I have east-west orientation with the main axis of my building. Exactly the wrong orientation.
 I figure I'm going to need it for a couple of weeks. And I dug down to the foundation of my house and I put six inches of EPS around the entire foundation and then I put this stuff, this is a bituminous coating with a vinyl cover that actually protects the EPS from water.
 And we're at a point where oil is not going to get cheaper. And we don't have enough people getting access to natural gas.
 So I have one bathroom fan that is not continuous but I can turn it on and it does 120 CFM
 That's why it can be above 100% because you put 1 kilowatt of energy and you get 2.5 kilowatts of heat out of it.
 that's a more comfortable level than your outside wall, which is actually taking heat from you.
 That is her total electric bill.
 I call them near passive house. And I love near passive house houses because if you're going to try to hit passive house and just not make it, you still have a super energy efficient house.
 in a very humid environment.
 So the R value is probably down from 11 to about half or something.
 So when the wood stove asks for air, the air doesn't come from the room, it comes from outside. Yeah?
 So what was I going to do? First thing I was going to do was remove the garage.
 What you're doing is you're ensuring that any moisture that gets trapped in that wall never gets out.
 and increases it. The second you stop that air washing, you're saving the value of that insulation.
 I've lived in it for seven years. I'm expecting this return on it. If I don't get this, I'm an unhappy puppy.
 only hot air rises, right? So when we're dealing about with trying to cut down the conductive losses, we make very thick walls.
 And when you build a passive house with that.6 air changes per hour, you have to have a builder who builds it so well that you have a much higher quality construction.
 But if you look at the proportion that that actually saves, if you're going to look for savings in energy, that is only 4.5% of all the energy we use, while the building operations, heating, cooling, and other things like that, is 43.5%.
 refrigerant boils at minus 54 degrees Fahrenheit.
 So it's $3,900 for the entire project, but it was $500 for delivery.
 Now as a person studying auditing, I have learned that you cannot install fiberglass so that you get the number rated on the package.
 I went there and I was like, well, Passive House. And people were like, I've heard of Passive House, a little bit of this. Two years ago, it was like, okay, we've got a table, we've got the Passive House Alliance, which is a group of Passive House consultants and other people interested in Passive House. And every now and then in one of the sessions, you'd hear someone say Passive House.
 In the passive house, we start by making the envelope really, really good as far as a thermal transmittance.
 If anyone has any questions about the task force, feel free to contact me afterwards if I'm not in a brownie-eating stupor.
 And we used to use those in the incubation for the chicks to warm them up. So when you get a super-insulated house, every one of these people is giving off 100 watts.
 That's actually this house here.
 You don't need a builder.
 And in Europe, you have a family of four living very happily in 1,200 square feet and thinking they have a lot of room.
 So I realized that and stopped her from doing it and then I had to fill it up.
 Any questions? I know it's a lot to take in.
 It's nice having people who like collecting big tools, you know?
 And if you were living in a coat house, you'd expect these things, which are the inside temperatures, to be following that. Because it gets cold and your house loses heat and your thermostat says, turn my furnace on. It turns the furnace on and brings the heat back up and then it all goes away and it goes back up.
 a leftover from the steel process.
 So I must say that if you want a house that is really going to be super energy efficient, the only way to do it is to build it new. Or do what I did, which is throw money at it.
 So it's not just kind of bad for you, it's really bad for you.
 So moisture that's inside the wall can very easily transparate into the house.
 By the time that circuit got to the bathroom, there was no heat left in it.
 The guy who I bought the house from had this concrete precast stairs that he thought were ugly, so he built something on top of it, but it's attached to the house.
 You're spending the money that you'll save from the work that you'll get done in the audit, maybe $5,000, $6,000 worth of work, will be paid back within the first four years.
 And here you see just the mouths that I cut, and here's the OSB I put on the inside so that I could blow insulation.
 When it was 45 degrees out, I didn't have to heat my house.
 And then if we can't completely fulfill the requirement that that load is with renewables, then we use fossil fuels as sparingly as possible.
 I'll explain that in a minute, what that means.
 just wanted to see what he could do.
 Doesn't that happen? You hire a contractor and you say, boy, we're going to do this project.
 That's your air barrier into the attic. But they don't do that.
 He's the best contractor I've ever seen, honest to a fault.
 living in Europe for 10 years.
 So how does passive house get from this Arby's, right, this, what I consider to be a horrible, wasteful thing, but is the minimum energy standard you have to use in the state? Well, let's talk about the history of houses first, just a second.
 That's the truth, because it's all about balancing it out.
 You don't need it at 72 because you're not getting this change in temperature as you move away from the center wall.
 This is the heat recovery ventilation system.
 You're losing a lot through the windows because windows in general are not very good thermally. But these ribs here, those are actually the wood studs.
 I decided that I didn't want to break it off.
 And the water is in the right temperature to bring that room up to anywhere near comfortable levels.
 had what's the
 It had a bay window in the front, which was a horrible, leaky thing that was just hemorrhaging air.
 They have a lot of data they've collected from houses and how they work.
 You have a maximum cooling load, like I said in Vermont, it's not such a big deal.
 And I'm going to give you tonight a basis, a basic understanding of what Passive House is because a lot of people have heard the name. It's really, if you're interested at all in energy efficiency, it is the most energy efficient building standard in the world and it's all based on building science and
 We allow the moisture to get in when it has to, not moisture, vapor.
 And who doesn't do that with fiberglass? And if you do that with fiberglass and then try to pull it apart, you're still not doing it.
 And I had to get the HRV installed, which in a house that is being lived in is hard.
 If you're interested in seeing the Olmos Passive House in Shelburne, you can let me know about that and we can arrange that and you can come with a group through the Energy Committee.
 have to have a moisture barrier.
 So more windows in the South, not crazy, not greenhouse number, but more windows in the South, fewer on the East and the West, and almost none in the North.
 And you notice immediately that the pacifist is using a lot of less of everything.
 you all know what an R-value is. R-value is the resistance to heat passing through a wall.
 When you go into your bedroom at night in your standard house, you close the door. If you add a CO2 meter when you woke up, sometimes you're hovering around 2,000, which is dangerous.
 fiberglass insulation pads.
 a larger burn box or I decided just to upgrade altogether since I had it anyway.
 It's a nice looking house. It doesn't look crazy.
 She has a mortgage on it as well, but she was given to her.
 When we make a house really, really tight, I said 0.6 air changes per hour. So everybody says, well, wait a second.
 $500 to that number and you've got a professional BPI or $400, whatever it is, a building performance institute professional giving you the lowdown on your house before you sell it.
 I'm here.
 Actually, it's not a passive house.
 And that's how we can get that water heating demand down.
 And that includes getting up into the attic and all of the framing.
 I got all of my insulation, external insulation for this job for $4,700.
 So you saw at the very beginning of the thing, there's my garage, there's my garage gone.
 Nobody tapes Typar or Tybeck and it does nothing if you don't tape it.
 Sorry, I lost that.
 When I moved in, it was originally single-pane windows, and I just moved here from the Netherlands where they have pretty good windows, and I said to the local contractor, whose name I will not divulge because I don't think he deserves to be beat up about this because he just didn't know any better.
 I gotta say, once we had it done in stages and the first thing we had done was the top plates were sealed, the house was instantly more comfortable.
 I will get you more expensive but awesome windows.
 And even with that, you still had your outside clothes on inside to stay warm enough and be comfortable.
 30% of all new homes built by 2020 need to be net zero to fulfill the requirements of the comprehensive energy plan.
 A passive house can look like anything.
 50 pascals is the amount of pressure that a 22.5 mph wind blows against your house.
 In a passive house, we strive to have all six sides of the room you're in.
 In Passive House we use something called whole house ventilation, which is where we blow fresh air into our living spaces and we extract air from our moist spaces.
 And this is what it looks like in the end.
 Well this bit that sticks out, that's actually a fin allowing heat to go up and out of your house, and I want to eliminate that.
 chimney. We all have chimneys.
 No, to the sheathing.
 We're down here, we're going from 40 degrees down to 12 degrees.
 So you're using a lot of energy to make them and part of the whole pacifist concept is to use as little energy as possible to make your house and to run your house.
 Don't need an architect.
 go up in your attic and they seal it all up and then you can heat your house with with your ground source heat pump which is what you should be one is what you want you
 When the vapor drive is coming from inside the room towards the material,
 we bought the house we had a big down payment and I could take the equity out.
 That's it right there, you're saving it.
 But at the beginning I was like, ah!
 That means that even at minus 15 degrees Fahrenheit, there's enough heat in the air to boil that refrigerant, and that's where the efficiency comes in.
 I have a heated garage. It was wonderful.
 Now a lot of builders will say, oh, EPS is waterproof.
 You can decide what it looks like.
 the last of it, you put it back into the system and they churn it around and make it into something we can use again.
 So if you build an Arby's house, 2,000 square foot house, you're probably spending $3,500 a year to heat that house. Pretty standard.
 I don't like that.
 full of mouse tunnels and everything.
 that is attached on the inside to my wood stove.
 She only used electricity.
 We want to make sure that when your house is really well heated by the sun in the winter, it's not overheating the summer.
 That means that the wall in the middle of your house is actually radiating heat that
 not going to have water infiltration into the house. We've thought about if moisture gets in, how it gets back out. We've thought about that air tightness. And when you get to that point where you need that air tightness, then you get a house that has a much longer lifespan than a standard house, more durable.
 So if we can cut down on the energy that our buildings use, we have a much bigger influence on overall energy use.
 It'll ruin the sale. And my response was, when I sell a house, and I've sold two houses, I've lived in houses and sold them, I just made a number up what I was asking for. It's not like there was a calculation I went through.
 If you're in a warm room and it's colder below you, the heat is going down.
 It takes whatever the R value is of your insulation, except of course mice are not insulative.
 is going to frame the garage out.
 And if we're sheathing our houses with OSB-oriented strand board, that's pre-digested wood, which means as soon as it gets wet, it turns to mush.
 There are three ways that a house loses energy.
 I'll leave my stubert till afterwards.
 And I went the first year, we just set up the Passive House Alliance, the first year before we set up the Passive House Alliance.
 Part of the heating mechanism is that it boils a refrigerant.
 Here's the insulation.
 It has some fiberglass in the walls, the 2x4 walls.
 So I put in a fresh perimeter drain around the whole thing and here's me putting it back in with my friend's Kubota.
 There's the pump, that's my old access hatch.
 I apologize for being wordy.
 You just need a Home Depot card with enough credit to buy the stuff and go and get it and build it yourself.
 And in America, that same family has a feeling they need 3,200 square feet.
 So there are certainly children in school who don't. But every one of us is like a 100 watt light bulb.
 Yes, they are spending four times what this family who was keeping their house at 68 degrees is, but that's still only $60 a month to heat their house at 90 degrees.
 coldest bedroom was 70 degrees.
 everybody's building natural gas fired plants, which means that this glut that we have in natural gas is going to be used by all these industries that see how cheap natural gas is and the glut's going to disappear and we're going to have a rise in the price, which is going to make more fracking, which is going to
 I didn't want the insulation that I was going to have here.
 So I've reduced my load by 75%.
 I had the front stairs, the same thing.
 So in conclusion, with Passive House you get a high quality home, a healthy living environment, slightly more expensive to build, payback in three to seven years depending on the fuel you're tracking, and it's just got a, we're expecting a high resale value.
 Even if they're saying it stinks because of this, they're still talking about it.
 You also have to buy all ENERGY STAR appliances inside, all CFLs, compact fluorescent light lamps.
 The temperature differential between the warmest room and the coldest room is 4 degrees.
 As long as you hit that, you have a passive house.
 In that situation, there are a couple of things that you can do.
 This is just one of the walls.
 I first did an audit in our house, which is probably two or three times the size of your house. I was feeling really bad afterwards, but now I don't feel so bad.
 Those windows are not designed for Vermont.
 We have a 70 to 80% reduction in total energy demand. Superior indoor air quality. I'll explain that in a minute. Occupant comfort. This is a big one.
 This is a Vermont vernacular house.
 that thing that passes the heat over.
 It's as if it was empty because the house had to heat that back up and then it's getting washed again and heating it up.
 This is that cinder block wall.
 You'd go in and say, there's a stud here, there's a stud here, there's a stud here. And when we pulled the sheathing off, we saw that the sheathing they put on my house was homosuit.
 What's my son doing here?
 The other thing is that they have a horrible solar heat gain coefficient, that 0.3.
 We are now building houses that have what we call double vapor open walls.
 It's just like the spray foam.
 Energy heating is the red, water heating is the green, ventilation is orange, cooling is the blue, which in Vermont is almost non-existent, and you have lights and appliances on the top.
 The smaller slice, this 5.5%, is the energy we put into actually building our buildings.
 And there's my bay window, you see? It's gone. I ripped it out.
 My payback, if I'm looking at oil, which is what I already placed, is somewhere on the order of 10 to 13 years, depending on, that's with a 2% increase in oil, because I want to be conservative.
 Oh, God.
 There's no heat in this bedroom.
 Vermont does not have a building code.
 So you need a much smaller heat source to heat that back up.
 Here are the inside air temperatures.
 And we just have these honking machines that they oversize because the plumber doesn't want to get called back. The HVAC persons don't want to get called back and say, oh, my house is cold. So they make it 150% more powerful than it has to be.
 We are a task force, which means that people can come or not come whenever they want.
 And that means slightly better walls, slightly better roof.
 So I have a complete insulation wrap around the house.
 This stuff costs $3 a gallon.
 It's very important in my industry to know what's happening with natural gas prices because fracking has made natural gas very cheap.
 There was no concept of putting out too much CO2 or CO or any of the other pollutants.
 It's an air-to-air heat pump, which means that it doesn't have any holes in the ground.
 For instance, you have a horse farm that you're selling.
 They'll order the house and leak you the house.
 So in the places where the screw wandered and didn't get in and I was on the inside, I had basically a 2 inch end of a screw sticking out that I broke off.
 Heating degree days are based on the amount of time and the number of degrees that it is below 68 degrees that you have to heat for.
 Really, it's $400.
 prefer an HRV.
 It's a great house. I love this house.
 In order to do that, I had to hire a company to do that.
 This is a second home.
 So the Pazos concept, heat recovery ventilation that uses almost no energy in and of itself, triple glazed windows with a firmly broken window frame, so that the whole window has an R value of 7 or better.
 This is actual data from this house from December 2011.
 So we're trying to get people to design houses.
 This is the west elevation, the east elevation, and the north elevation.
 have even seen as high as.64.
 So like I said, it's made from the slag, slag from the steel industry, which means that it is fireproof.
 got an R value, but it's got absolutely no air stopping power at all and it's not structural and it should never have been used there. But it was really common in the 1970's because it was really cheap to put plywood on the corners and homosote the whole thing. And that's what they did in my house.
 I was like dancing. It was one of my happiest days ever.
 If you make a hole in the wall, tell me and I will seal it." And we had a real problem at the beginning when we had the vinyl ciders come up.
 ceiling is, if you have a flat ceiling, a cathedral ceiling is different, you have your 2x4s running along like this, and you have a top plate, and then you have the ceiling joist that goes like that and actually sticks out to make your eave.
 But yes, I suggest spend your time and effort making it airtight first.
 That is the floor joist going around the perimeter of the house.
 There are two bad downsides to these windows.
 I'm going to give you a case study so you understand the history in Vermont.
 I've got Vermont Energy Code Plus, which is like adding a little more R value. And then you have Energy Star there, and then you have passive.
 This is from Architecture 2030, which is a group that's pushing for energy efficiency in buildings.
 Now my house isn't a passive house.
 I like the deck, I use it daily, but I don't want it to cause this problem.
 But here's the key, I've reduced my heat load by 75%. Three times worse than the Passive House retrofit numbers, but I don't care.
 I'm saying that I've got an R11 wall, but I know that it's really like an R7 or R8. Best case scenario.
 Thank you.
 The Department of Energy says, okay, we're trying to be like Passive House. And the Journal of Light Construction, when they have someone talking about air sealing in the Journal of Light Construction, or they're talking about insulation, they said, well, we're not going to go as far as Passive House. But that word is still there. Passive House is still the gold standard.
 I'm going to be showing a number of graphs during this presentation.
 So we don't have any houses that have been sold in the open market.
 So the RB says an R20 wall, R40 in the roof, two inches of foam under the slab, and four air changes per hour.
 This group maxes out at 585 parts per million.
 And we try to keep our houses compactly designed.
 have a heating plant 55,000 BTU wood stove and a 22,500 BTU heat pump, which works at that efficiency, 250% efficient, to 5 degrees Fahrenheit. And then it loses output down to negative 18.
 The reason that mice come into your house is because there's access, it's warm, and they can smell food. Because your house is just blowing, when the wind blows this way, it's blowing it out this way.
 I don't care, I want a straight wall downstairs.
 So what we're going to talk about from now on is instead of why the real estate people don't want it, what all the benefits are.
 size of the house and those things all have an effect.
 Reduce first, right? Stop using stuff and then reuse what you can before you recycle it.
 This is a Habitat for Humanity house. It was built in Charlotte.
 The initial blower door test, which I've actually done at your house and I've done at her house, and I actually recommend that anyone who's interested in doing any upgrades to your house first have a professional come and do a real audit with a blower door test, was 8.25 air changes per hour.
 unless some rich relative that I don't know dies, I'm stuck with them.
 And that's how they did it.
 It's a raised ranch. Is it pretty? Are raised ranches pretty? No, not in my opinion. But I don't care.
 You all know the difference between atmospherically vented and sealed combustion. Atmospherically vented means that if you have a wood stove or an oil furnace or an oil boiler, it takes the combustion air from the room and it uses that for the combustion process and then sends it to the chimney.
 The other day a guy came and took my oil tank away.
 Retrofits, they're expensive. They're about 30% of the value of house. And I'll get into that later.
 This is more data.
 And it sucks the warm, stale air out of the house and sucks the cold, fresh air and it passes them along each other so that the heat from the stale air is transferred to the colder coming in and comes into your house fresh but warmed.
 So it's expensive.
 Well there are some people who I would suggest if you want to work on your house, sometimes the best way to work on your house is to sell it and build a passive house.
 We want to allow any moisture that gets in to have somewhere to dry to.
 Right now I'm talking about
 The only thing heating this house at this particular moment is the sun. On the coldest day in January of last year. Brand new data.
 Foam is where you must and we try to use natural products when we can.
 It is what we're trying to get to.
 And that's really important, but it's not the main part of it.
 And I'm about to give you the story of what that is. Because this is this one person with really thick walls capturing solar heat gains and using a couple of small but very efficient mechanical systems.
 get some more people.
 My joist comes out.
 So as my hot air rises, right, that's what we were talking about that. As my hot air rises, it hits the ceiling and my roof, goes through the holes and gaps in my ceiling, goes through my insulation, making it absolutely worthless, creating a negative pressure plane, sucking cold air through the holes in the bottom of my house, just creating this convective current, which is just spilling energy out of my house.
 And JC, who is, JC Earl, who is a member of the group, the energy committee, is going to be setting up a tour of my house and also of the Shelburne almost passive house that I helped design and build with Tom Moore down in Shelburne. And we're going to try to get that together in January.
 That's fine also.
 I mean, if one hotel goes in, if it's allowable in that area, I don't believe that this is allowable.
 Can I just summarize what I heard and let me know if it's correct?
 And they're just living upstairs
 You've got a front door and then what's the third? We have one that goes straight out the back and then we have one that goes down the stairs to the back, the other back.
 I guess we defied the lawsuit set.
 Okay.
 I mean, I'm not going to be able to get a job.
 And then we've got the minutes that were circulated.
 then the hours are eight to five.
 That's what the application is for.
 I
 Just a few questions.
 So in fact, the hotel is not successful, but the rooms are there.
 What is the longest stay? All we can tell you, anecdotally, Mr. Colombo has another facility in Walden that is similar to this.
 There will be some food products delivered, which will happen from Mr. Columbus' commissary in Waltham.
 questions members the extra two feet are on the first floor only
 It's at the far end from the doctor. It's near Allen.
 So the minute they said like, you know, we don't live in the house, it totally changes the character of the daycare into a commercial daycare, which still they're allowed to buy zoning.
 License yeah
 So the situation here is, you know, we talked to some of the neighbors, some of whom weren't able to make it.
 I mean that is that is I didn't think about that issue and it seems to me that I Think the point of those residents obviously they don't want purely commercial properties but where you have people living in the same building a lot of
 We are now proposing going down to 25.1.
 This is not an apartments complex.
 So there would be four units that could only be for 30 day stays? Four units will have a full kitchen.
 Even though, Andy Rojas, even though the Ascentec report says that the rooftop units on their own do not generate excessive decibels at the property line, we're still putting them in an acoustic enclosure connected to the elevator penthouse.
 We wouldn't object to that.
 You can't use it for an apartment building.
 Can a permanent restriction be placed on the special permit for the building? I would suggest talking to an attorney before you enter into some agreement on that.
 My name is Scott Harper.
 I have always asked them for the floor plan, for pictures, for their hours, everything had been asked.
 I guess I would just suggest, is there anybody here who wants to speak to, in support of, or in opposition to this? I just want to find out. Is there anyone else here for this application concerning 155 Beach Street? In that case, I'd suggest we just continue it to find out if they want to appear next time, they can appear next time.
 And then this one-story volume is the new proposed one-story addition.
 So I'm going to go through the process of how I got to the point where I'm going to
 We have this large decade, that is up to 10 is the capacity, operating on that site from
 He lives in Watertown, a mile from, a mile and a half from our place.
 with that concern and maybe some staggered pickup times where they address their clientele's drop-off needs to restrict the number of cars that were there at any one time, I'd be supportive of the application.
 So do I hear a number of conditions?
 And we asked BEC to make a note that not to renew any licenses before they came with us, that they have it.
 The only thing I have is, is this going to be an all Japanese school? It wasn't a concern, but everything is written in Japanese.
 So Tino's going to write it.
 Let's see here, I just want to ask some questions.
 I'm gonna do a
 Something that we approve and then kick to the planning board and say now fix it. What's the timeline? I mean there but it's certainly And on top of that if we do vote and it goes either way I mean if it goes the wrong way for the applicant does that mean there it's two years out before they can do anything again? Well, you know, I know I mean it seems to me that if we were to vote on this ground I and town meeting were to say the hotels admitted the planning board
 Does anybody else have any thoughts on that issue?
 It's actually three special permits to convert the existing two-story retail office building at 330 Republic Street into a hotel located in the local business 3 zoning district.
 So clearly it's contemplated there.
 And that's what I think we should all be after.
 So as the applicant said, they're relying on section 3.2, which is a use not classifiable under any listed category, which can be allowed only by special permit from the Board of Appeals upon the Board's determination that the use is similar in its impacts on the neighborhood, the environments, and the town to a use which is permitted or allowed on special permit.
 Kevin House, yes.
 This one, in terms of what they should be submitting, yes.
 Sir, if you could.
 I have this delivered to you on behalf of the team at McKenna's.
 Just have one quick question about the, is there any change in the rooftop HVAC units from the earlier presentation to this one? No, I didn't think so.
 And as I said, there just won't be a problem.
 What why did you think that this would be a good spot for you? Well because this company it's more the Belmont, you know community For me to walk. I mean what a town is what 10 miles 10 miles for me to watertown for where that is, you know
 Generally speaking, what we do is we hear the applications.
 We'll see you.
 Somebody took a pencil and wrote out a floor plan. We need a regular floor plan.
 It's the business, which is allowed, but they need to do the modeling for $100,000 to add bedrooms and everything else.
 I'm talking about 16 families, because they're all two-family houses.
 I think if the restriction were passed that required that those not be utilized during the times of by permanent parkers at the residence during the times of drop-off and pick-up, then
 make a periodic check of smoke and fire things.
 Obviously they could not move someplace else, rent out the upper floor, and then continue to use the lower floor. That would be a problem.
 Is there anybody actually living in 120 right now? Yes. Yes, we live we are
 And then that created a situation for all the different cars having to do the shuffle back and forth in the driveways.
 I
 So I was expecting them. But both Nikai Inouye and Tina Lachoco have watched the tapes of the last meeting's presentation.
 And that will compensate for the added lot coverage of the proposed addition.
 There is a greater turnover rate than you would see in an apartment house.
 You can't have an exercise facility, and a restaurant needs a special permit.
 Mr. Keller.
 It's the same manufacturer, the same basic fixture, yes.
 If you say, OK, they're not going to have any equipment, but they put a stove and they don't cook.
 So at least we have some reference.
 Is there anyone here to speak in support of this application? Is there anyone here to speak in opposition or express concern about the application? Thank you. We'll take it under the president.
 You can't go over 10.
 So those are good for you.
 If you put a number on it now, 10 years down the line there's a violation.
 So anyway, the problem that we find is that not as the project stands, because we still do not believe that this hotel use is something that should be permitted.
 All right, so the next one.
 First will be.
 Okay.
 times the drop-off from the
 There's about 10 or 15- There's at least 10, maybe 20- Daycares. Daycares on Sycamore and the surrounding streets.
 of that we use no more than 30 minutes in the backyard.
 a lot shaped like a T.
 We just continue this way?
 I think that we, I asked them that question actually.
 There are light fixtures on the sides of the building that are compliant with the dark sky guidelines and will not radiate illumination above the horizontal plane of the fixture shield.
 And in fact, getting rid of the garage structure, which is right here, is going to open things up a lot on Tenery Terrace in terms of the visibility.
 which is pretty specific to this use.
 It is a second floor extension above an existing space, and then it is a new one-story volume behind that.
 That means that in order for you to prevail on the special permit, you would have to have the votes of all of the members. You have either the option of- I think we prefer to come back if we can and spend
 So I'll just kick it off by saying that I don't think this is something that we can approve under the bylaw.
 out of any number.
 That can be mitigated.
 eventually sections of opposition.
 between Cambridge and Wapuski.
 Welcome to the Belmont Zoning Board of Appeals meeting of April 4th, 2016. Just by a brief way of introduction,
 Thank you.
 If the sidewalk and easement were maintained free of leaves and snow, people could drop off safely without extending into the street side.
 a special permit is personal to the applicant, can't be transferred, and
 Out of the way.
 So they're replying as if they do live in the house. That is what they said.
 And you are now, you're asking for an application for 10, a large family daycare.
 So you staggered the site, and they have to be on the same side as the traffic goes. Who's going to enforce it? What do we do? Yeah, I mean, if it's written, we're not going to have the guys at 7.30 in the morning there just.
 So this is the front of that.
 I was a student at the University of New York.
 All in favor? Aye.
 And that also relieves the pressure on the backyard and say some possible stress on the neighbors by way of noise and all. Because children are there, they will play, there will be some noise.
 And also there was one person who had a circular driveway that we made them block off their circular driveway on Sycamore.
 just right now when you understand that to have if you were to be granted a special permit so you could keep operating yeah you need to have yeah there's not only one licensed person you need to have an assistant
 Number one, the parking and traffic situation that is caused by the size of the operation. And number two, some real consequence to that that we've experienced over the last few years as well due to the traffic and parking situations.
 So should we have a vote on this preliminary issue and then if this preliminary issue is an obstacle, then we end here. And if it's not an obstacle, then we proceed to decide.
 And here we've got it's an overnight use, which is an activity which is not otherwise permitted in town generally.
 I made you proud.
 The play area outside is it fenced I? Watched by it. So it's the area down in the back Okay, and how do you get from the inside of the house to that fenced area? I
 Thank you very much.
 I'm not sure if that's what you're talking about.
 Thank you.
 That's good
 So there has been no concern about that in general terms.
 These properties, when they have a business, or a daycare, they pay the same amount of taxes as a regular property? I don't know.
 I'll second.
 to give them more.
 I mean, I think it sounds like many of the stores in downtown Belmont, but it doesn't sound like Belmont Town. So it sounds like the service of providing food is the example they give.
 As a result of this analysis, there are a couple of the units we will be putting an architectural barrier around to help damper the sound. There will be a faux balcony around them which will block it.
 Correct.
 Otherwise only a few units have a full kitchen.
 We're going to change views they need to come back this would be a small
 If we put a 30 day or whatever you see the maximum occupancy of that, it's going to tighten it down
 My name is Brian Kemmerer.
 That means that the parking is now gonna be, the overflow is gonna be on the residential streets.
 Does anyone want to get Eric? Where is Eric? I was pretty good, wasn't I?
 required for four affirmative votes to get. Chapter 48 seconds. We voted to deny. Pass it.
 personal to her and she has to submit her OCC license.
 defense jury.
 so I can pull out with good visibility of the north and south traffic on that street.
 be an HVAC. There are three HVAC units.
 Okay, if there's nobody else then.
 When I say full kitchen, you know, just as full-size refrigerator, a little bit of cabinetry.
 Yes.
 There's nothing special.
 generally favor small neighborhood daycare
 need to know that would give us enough time and
 All in favor? Aye.
 I can send a copy but nobody said that we are supposed to do it that
 There's only one other space and that's dedicated to the daycare.
 Any questions members? Okay, we'll take it under advisement.
 Of course, I can't preclude other people's parking, so it's not a sure fix.
 I'm not really, you know, again, a little bit of corporate, a little bit of, you know, personal residence, business, all of the things that we mentioned last week.
 The overall height of the house in terms of the linear dimension is 24.1 feet, which is actually about 12 feet lower than what the height requirement would be.
 under the Schedule of Use regulations.
 be allowed, we then move on to consideration of the application.
 I know it's on the agenda. Is this something that we move in that direction?
 So the drop-offs would be within the age of six, right? You're not having people pick up after six.
 license going to be issued to this young lady?
 for the licenses.
 And for a modification, if we're going to put some other utilities or heating equipment, and at that time it will be open to a public hearing for people to comment on.
 So I really.
 spoke of a month ago to support it.
 You see a building now that is deteriorating in its use because it was not successful for what it was built for.
 I really appreciate it.
 It's similar to a hotel use, but it's a hotel, a private use.
 The building code now forces them to take more measures. Like 42 Sycamore Street is coming, well they're not going to, they're coming for parking. Now you're kind of on a slippery slope because what if it's a triple-decker?
 So you're going to ask her for a license too?
 I'm just asking what you have to do. I mean, I can work both ways.
 I'm kind of wasting our time here because it doesn't have the license. So we don't have a copy of the license.
 Maybe there's one slot for a car, but when you think about how congested it is in the morning with the pickup and the drop-off, there are cars on both sides.
 So I read somewhere that if you don't get the hotel, you're going to have it go back to a convenience store again?
 kickoff meeting is tonight.
 She was under the impression that the hearing on this was tomorrow night, and support her opposition to it.
 I think it's a great location because it's only about a block and a half from an underutilized park.
 first person dropped off and the last person picked up?
 one we can obviously stagger which is something we would want to condition
 seconds.
 My other comment is that I think the fair way to assess the proper use of the 118 unit is to ask, from a tax perspective, how much they claim as a business expense and how much they claim as a residential expense.
 Right, so this is a case where they're in the same building.
 And then we had, not the agenda, but the hours, the curriculum, like, you know, and it was always nice to see all of that. And the assistants.
 awesome.
 Okay, so we have a vote of three in favor of denial.
 more loons.
 And I don't think that we want to put any more heavy load on the town.
 can't comment on those.
 If this hotel does not generate and do things that they would like to see done.
 So the insurance company put him up in El Taf for a month, six weeks, until the house was repaired.
 Thank you.
 I do, however, have a concern that at some time in the future, an HVAC unit to create noise could be put on the roof.
 So this is for renewal of the same level of existing use. The issue here is that they had the state, as I understand it, they've had the state licenses for it. They have not had a special permit, which is why we're
 So we always look for a way that kids can escape from the backyard. We don't want to do it that way.
 in this case that you're recusing yourself.
 And the current license is from 2015 to 2018.
 when you don't question a family with six kids or like three kids at a time.
 I'm afraid English isn't that well, she speaks Japanese.
 Do you want a shorter review period?
 Give me a good call.
 However, a few things working in our favor are that the slope is high at both of the streets.
 the reason that the general regulations including for off-street parking include a category
 I'll ask if there's anybody in the audience who wishes to speak in support of the application.
 You did changes.
 Available for the daycare and we talked
 I don't think lodging is a retail service, and especially in the context of the most analogous use, in my view, which is the apartment house use, evidently for longer periods of time, being prohibited.
 I was just curious.
 This
 Nobody has come so far to say that we have made a lot of noise or they have any kind
 another immediate abutter that had submitted a letter.
 How many people are here in connection with this matter, may I just ask? And obviously a lot of other, how many people are here for other matters? Okay, I think we need to keep going.
 you're proposing to comply with his recommendation. Yes. And I believe that those are the outstanding issues that were left open at the last meeting.
 And then the other side, set back.
 can you please move on to your next point? We've discussed funds.
 Where are those people going to park? We're opposed to this project.
 Just like this, so this is aiming on this side, you know, so you get very little clay on that side.
 So you'd like to continue it to the next meeting? Yes. OK.
 There's too many attorneys sitting at this table.
 than that of the usual conditions.
 a close friend and church member of mine.
 I'm not sure.
 And then, assuming that all the materials have been presented and the record is finished, we would take it under advisement.
 you look at it there's there's a stairway that goes in so they can't actually drive up the driveway.
 I go to the fire department, what do I give the fire department to show them?
 So after three years, from 2009 to 2012, we got licensed for this space, this site.
 This is because they're living in the houses.
 I know people's work schedules generally require that there be a flurry of drop-offs.
 have in the past granted subject to the filing of the license.
 Who would like to write this one? John McManus will write.
 to grant a special permit requires a permit of relief of four.
 you'll just notify the applicant.
 The suggestions I'm making is you have a maximum stay of 30 days.
 as far as the length of the stay, under the MAS law, any stay over 90 days would trigger the cessation of any room tax being paid.
 Is there two modes of egress? Just ask. I don't know.
 We'll take a motion.
 And an A is to proceed with the procedure.
 drafting and drafting and you know they were revising the parking permits and lifting it from some other child's bylaw.
 I'm Jack Juris.
 I think you have a condition on that point subject to further board review in the event you wish to. You don't want an absolute, what you're saying is I think you don't want an absolute prohibition on putting a decision, you would be okay with having to come back here.
 The lighting engineer did not find an issue with that.
 So they're up to speed on matters.
 And for, I'm not sure if you listened to the last hearing, we discussed about what would be the typical guest that we perceive we're going to have.
 Why is this case before us tonight? We don't have the license.
 We're talking about a block between Fairview and Elm, which are both high traffic roads, completely occupied on both sides by two family houses.
 There are not that many rooms on either floor.
 Well, it is a zoning issue because I think there's, isn't there a definition of family daycare that says that... It says in a residential property, if I recall correctly. So...
 I'll give him another three.
 Anything else will not be suitable for a very extended stay.
 to get this used.
 report by Acentech dated March 22, which concludes that both those units, P-TECH units, will not exceed the bylaw of 55 dBAs daytime and 45 dBAs nighttime.
 But with that again, you're not proposing to change that so
 So with all of the changes, motion to approve.
 That's that's what they asked for yes, okay
 Do we have a definition for that? Section 1.4 talks about other retail sales and services. As an establishment primarily engaged in the retail sale of goods, services, and or products, including baked products, ice cream, and or candy for consumption off-site with no additional seating provided on-site. Such uses may include incidental food service.
 We have asked the EEC not to issue or renew any licenses unless they have proof that they do have a special permit from us.
 So we have a good deal of space.
 You have a dog, use the pot, use the rolls.
 John.
 We only sit in four, I mean, only five people in any application.
 Yeah, I'll take some of these.
 side.
 I live at 283 Fitzmaurer Circle, which is the house immediately behind the proposed hotel from Brighton Street.
 I mean, they have 19 rooms. They have 18 parking spots.
 If this hotel is not successful, I don't want them to have permissions to go through some other type of occupancy without a permit.
 And I don't think my own opinion, and I have some familiarity with the larger daycare operated at Plymouth Congregational Church,
 before the end of the week for this review.
 The case number 1607, the applicant is seeking a special permit, 21 Jason Road.
 First of all, we have not seen any of the opposition, any of the letters that are presented to you.
 Again, there's only one bed.
 I take her to and from, I go slow, pause in traffic, and back into her driveway.
 Now the developer doesn't propose one at all.
 And then in terms of the front yard setback, it's a corner lot, as I had mentioned.
 There was no itemized item for hotels.
 19 units.
 And that is in the paper.
 In my view, because as long as they're living in the building, it shouldn't be an issue.
 Thank you.
 And that if you're living there, the occupant shouldn't be parked in front.
 If we hear complaints, then they know they've got a problem.
 Thank you all.
 So I'll be brief, but we still are in support of revised plan. We think it's a good plan. It's
 I would suggest if we had to come back and alter the plan, we'd have to come back before this board.
 it's supposed to spread that out.
 How many hours are you planning on operating?
 Okay, so then we've got number 1605, which is 137 Sycamore Street.
 I have four out of like six that I think that needs to have a different list, and this is one of them.
 It's one of those negative motions.
 It seems to me that if it were if if if Bill wants going to have hotels I think Tom meeting should say just see
 So I think we were talking about this.
 Yes, they have an indentation there, but most of the time it's parked by people who are operating the daycare.
 In my view, it's not a zoning issue.
 Yes.
 I feel like this should be an offline discussion. We clearly need to have a summary of what is needed for each of these applications.
 don't want to see that again, particularly allowing somebody to convert into another use because they've already got these permits going through here.
 So I'm Diane Miller from Miller Design.
 So the two main distinguishing factors you see are the transitory nature of a hotel and the presence of a pool service. There's other amenities to it.
 It seems to me that this was a situation where I've walked by it and looked at it. I mean, there are things they could do.
 make a motion to approve the special permit.
 Thank you.
 removing somebody's cells, that would be a different story.
 And I think they do utilize that park for recreation of the children.
 We close the door at 5.20, definitely, if not 5.15.
 My direct interest and knowledge is from providing her rides to and from church on occasions where I utilize that street to speak to the traffic issues involved.
 last month.
 With that, I've received a request from Diane Miller, the architect for the applicant to number case number 16-203, to go first rather than second because she's got a Belmont High School building committee there.
 and more lumens coming out of those.
 And I think there should be no cooking at all in these premises, particularly in the rooms. And this will make sure that we don't have these.
 a couple quick comments.
 and I've been here for a while.
 one two three all opposed yeah it needs to go to the planning board
 I think the assistant doesn't the assistant have to be licensed. Yeah, yes, right
 That's why we want the picture in the backyard.
 We have four members, we won't have a quorum on it.
 of the day.
 It sounds like you've already assessed some of those traffic impacts, but I would just say that my concern directly would be concerning any traffic effects on the street.
 furnace is currently in the basement.
 You have to be very careful of what they might do under what decision that you give them.
 people relocating from other parts of the country for jobs, you know, parents visiting, you know, I would have a lot of parents come for the summer visiting their students, you know, their children from, you know, Saudi Arabia, Europe, Asia, whatever, you know.
 The board may ask some questions at that point.
 So those are the high points of the site.
 5.1.2c which specifically regulates for parking purposes hotels.
 concerned about it as well but I just I think we could just deny that
 All in favor?
 And then again 2012 to 2015, that was the period of license.
 It's considered to be safe, like a family kind of.
 Hey, I'm Sean.
 So I see that the the Ascentec Acoustic Consulting recommendations include the architectural barriers. That's correct.
 Okay, so we're now looking for three special permits, one for lot coverage, which is now supposed to be at 25.1. The size setback is the same as the existing, which is really the Golden Street, not the Golden Street, excuse me, it's the Chenery Terrace frontage.
 Story height and front yard setback were both relative to the second floor addition.
 Okay, the next matter is case number 1604.
 I meant to ask because I just wonder.
 We're not trying to create a catch-22 here.
 is
 don't require a professional engineer to do all these things.
 If I may, initially we send them the letter that you know they need a special permit,
 It's overnight, which is something different from anything else.
 Normally we have three other board members at a minimum.
 if I make a motion to approve, you and I are yes, they're gonna say no, it's three to zero, right? Is that safe to say? So it's the same thing.
 I've got a fence, the hours were 8 to 6 requested.
 And it's less than that.
 That's my main thing.
 is Antoine Hayes.
 My wife, who is a teacher in the Belmont Public Schools, is often leaving for work at about 5 to 8.
 And obviously that would be if we were to grant this one, it would be a condition here.
 The reason for this is that the driveway is not really a usable driveway.
 Since the maximum occupancy is less than 15, which is like even like with the large families, anything less than 15, even one is more than sufficient.
 And at that time, we were renting on Concord Avenue.
 As a building code, unless they're living in the house, occupying the house, it would be a daycare as a commercial use which needs handicap accessibility, handicap bathrooms, lifts, elevators, the whole nine yards.
 I mean, I have a lot of people that are waiting for this issue so that I, you know, that they would rent it and put a convenience store back in there.
 We'd ask people to speak if they were in opposition to the application. There may be some more questions from the board.
 on the congregational church, who lives only four doors in a historic house.
 if you start going over or use that concept.
 anyway, saying for the first 90 days, room taxes due.
 We need to be here.
 And second, Nick moved.
 That's what I'm trying to figure out with you.
 change but we would certainly want to come back for the board
 But the potential for direct glare is the same because the reflectors are the same.
 I live at 82 Golden Street with my wife.
 I hear a motion to deny the application as a hotel use is not contemplated by the bylaw.
 I just think it seems to me that 3.3 is where you would put a use and a hotel is such a distinctive kind of use that if it were contemplated being permitted, it would have been mentioned.
 So, let's go.
 In that case, I entertain a motion to approve.
 So we live on both floors.
 For a single it would have been very clear, but for two families it's tricky. They're living there, so
 All right.
 and she's a very good worker.
 not occupied by the operators of the daycare.
 And they filed the appropriate certifications with RF so that they will be participating on this one tonight.
 have in this is people coming in visiting residents, coming in for graduations, coming in to go to medical centers and the like.
 coming from another town.
 We're not using that one. We're using the other one that comes out to the back.
 of us here and Nick and Tino both watch the tapes.
 All right.
 The landscape plan that we submitted for last meeting has those trees on it and we're fully committed to providing those. And those are on our property? Those are on our property, correct.
 I'm only going from my own experience as a property manager of commercial property, some of the things that I deal with.
 He's in the business of construction and development.
 There won't be laundry trucks delivering.
 Thank you.
 You can come back to your people to decide what you want to do with the building.
 I was a tough one.
 I mean, normally, I would have to go to the bank to get a loan.
 So no one's bothered by this? No.
 So do you and your wife live at 118? It's a two-family home. We live on both floors.
 I hate to see that a lot of unimproved.
 I'm excited anyway.
 have the usual conditions in addition to the ones we just discussed.
 I don't think we need to re-debate.
 So from 25.3 down to 25.1.
 And we believe that since typically most ordinances do have separate hotel uses, I'll concede that.
 people.
 How close to Fairview is it?
 Correct
 and family bumps.
 And with people who are also leaving out from work, coming in and out during the day, during high traffic times.
 They didn't provide it. It is not for me.
 Otherwise, we'll just dismiss it by presidency.
 there is traffic in the area and there's concerns about the traffic.
 So when you're talking about the business use and how you can think of this property being able to be used for an overnight stay, you can't use it for a hospital.
 I mean, this really doesn't hold much weight.
 So it will be much less than what the code allows.
 I
 I hear a motion to approve subject to those conditions. I take a motion to approve subject to the conditions that we discussed.
 I don't know which way to go. Should I ask for a license or not? In this case, I was told it's going to be just a home daycare, not a large family.
 I don't know.
 She is Renu Lamichandran.
 And I think if that concern were addressed, I think 10 is a reasonable number of children
 So I can pass that around for the jury. I think we see it. Can you just perhaps focus on the changes from the last application? Sure. Okay. So it was three special permits, story height, front yard setback, and lot coverage.
 Only about 5% would be there more than a month.
 So six years plus, and we have been doing it.
 You've heard opposition that said we should deny it because Belmont has no overnight business kinds of models. Your rebuttal, it seems like, is that people have, as of right, without a special permit, the ability to rent anyway.
 And I think last time one of the concerns was what are the foot candle readings, what do they mean on the photometric plan at the property line. I think the engineer specifically deals with that, which he said basically it's zero. It's zero at the property line.
 Thank you, Mr. Chairman. My name is Robert Levy, an attorney for the applicant.
 The minute that bylaw became effective, we would be right back here.
 very odd that that exists but there's nothing in the table, in any of those columns in the table that talks about where these hotels are allowed.
 You want to write it? It sounds like a fun one to write.
 here I think we just so you've got if we were to grant it we obviously would ask you have to file a copy of the license with
 appreciate it.
 Donald
 I have a very lady issue.
 And
 I think it's somewhat different though because I mean obviously there was some some genuine concerns about drop-off of traffic.
 even if there were replicable, it's of concern to rental, if not more than three rooms without separate cooking facilities.
 I wanted a hotel.
 And those two spaces would be available for people to pull in and discharge their children in a much safer manner.
 We do drill once a month. We do those things.
 It's fine.
 And this to me is not a floor plan.
 to be daycare for which you need to have an accessibility ramp, etc.
 The entire streets up there because they're very narrow so the drop-offs and the pick-ups must be very difficult.
 You studied this area before you put the hotel in. Did you realize there was a large roomed hotel going in on Arsenal Street in Watertown as well? Yeah, actually I tried to buy that years and years. I'm familiar with it.
 Just give a brief introduction.
 Anyone else who wants to speak in support? Anyone who wishes to speak in opposition?
 And so what we have in your packet here is basically a, one other thing that they're doing, in agreeing to remove the garage, they had some storage needs that they needed to address.
 other than the only similarity is that there's people sleeping there at night.
 And Geng Zhao, who is present, is also not here tonight.
 I just want to understand, I understand it's 120 is the proposed space for the child care,
 We've also had issues during the snow season that was mentioned by the operators where, you know, after shoveling out, then they couldn't use their own space.
 Five-oh, I believe. Five-oh, I think.
 I would just said that they don't require the license for application because they have to have the special permit
 means up to 10 in inclusion.
 If they're an existing operation, it wouldn't be helpful to have.
 Okay, the next case number is 1606, which is the application of a Maribel coverage off,
 And the reflectors that are inside of it are the same? Yes, and it's shielded. This one has the fixture shield, which for the Dark Skies Initiative and also to prevent, it cuts off so that it does not spill excessively.
 They were vying by one war, but make sure there's no equipment in there.
 You can't use it for a recreational facility.
 I would also request that construction not start until 7.30 a.m. in the morning.
 Let me answer your question.
 why don't we just take these in the order that we've...
 left
 need an inflation adjustment on any of
 This was first permitted back in the 80s when the Manfredis owned the property as a mixed-use office retail. That's what it was.
 So after they're installed, the shields can actually be redirected so that no clay will be going outside the property line.
 But I think you could restrict it to the number of days of occupancy of anybody going in there.
 So I have the model with me again.
 The next submittal we have is a lighting report from MEA Engineering Associates dealing with
 So it's not really going to block much.
 street.
 the other members of the committee.
 Do you see it's earlier hours?
 to pick up a picture of the layout itself or the layout, what the backyard looked like.
 So it does work staggered.
 and we do more than one hour in the park.
 They said after it's installed, they can come in at night and they can mitigate all that by aiming or closing the shields.
 And then we also received a letter this afternoon from Ms. Claire Stone expressing opposition
 So it seems to me those are worthwhile addressing separately.
 forward out of a one-on-five person board.
 Okay.
 I understand that, but I think it doesn't matter.
 And when they said they live in walls, I couldn't say you can't apply anymore.
 typically proposed obviously to be granted a special permit the applicant which would be your wife needs to have the OCC license yeah and
 and your financial situation.
 Road is one block off of School Street and
 And also we want to make sure that you've got in addition to the fencing in the backyard, fire. Yes. Yes.
 The production was only on the heating unit of the booth.
 Again, I'm serving the Beaumont, Arlington, Lexington community.
 Good evening.
 Anyway, my question is.
 So I'd like to talk about two things.
 So we got a few.
 So we use that park to the maximum extent. And we live in the backyard in the forenoon. We are required for one hour outdoor time.
 So she couldn't use it so that it wouldn't be like the speedway over there.
 House. This is Godin Street, Chenery Terrace.
 I expect it to be even less over here because I'm only going to have what, three units I think? Only three units have a kitchen.
 Is there anyone in opposition to the proposal? Okay, that means it's up to you. In that case, we'll take it under revisal. Okay, thank you.
 Okay, thank you.
 where these have a shield on one side, they can literally just shine on this side and not on the back side, or they can be controlled.
 Very quick.
 Do they have a license from the OCC? Yes.
 3.3
 So I don't see anything analogous and I don't think that it falls within the
 Anyone else wishes to express due support and then we will turn to opposition.
 They don't even have enough parking for their employees and their visitors.
 Okay.
 to just denying it doesn't pass.
 She says she has an assistant.
 the
 One, two, three.
 So first of all, I'm a working mother.
 Yeah, 530, but normally it's the eight o'clock hours aren't what normally people do.
 There's also the fundamental logical inconsistency with the fact that in the context of this hotel, long-term, a state tenancy is bad, whereas in the context of Airbnbs and that sort of thing, it's the opposite. It's hard to sort of intellectually reconcile those two theories.
 So I want to know how we're going to proceed going forward.
 So we go to park as often as we can.
 We need to have a ban on authority, we need to talk about it.
 compressors. I have a standard rating of a 73 dB.
 The zoning compliance checklist shows that as being the site set by 8.5, but that was actually to the garage.
 Nobody said that. I can do it. I can send it tomorrow.
 Next is case number 16-05.
 say well I'd say a year okay we need to
 Most of you guys?
 So many people come up and if they see the light is red, they'll take a left on Lewis and go racing down several blocks down Lewis.
 it kind of hunkers down.
 whether you find it convincing is another question. But if you wish to ask him to address that point, feel free.
 And this is usually, you know, I would say that a lot of the long-term stays were people that had, for example, a snowstorm that caused damage to their house.
 She currently does not drive herself.
 And the side setback of the building should be 20 feet, but it's only 2 feet.
 storing for.
 I see.
 If the trees weren't, we made her put trees in on the corner there. Up in Belmont.
 is 23.8 and proposed is 17.5 at 21 Jason Road located in a single residency zoning district. Is Mr. Ketchum here? Okay, why don't you, Mr. Ketchum, we only have four members. Eric had to recuse himself. So
 And just to recap from last month, what we are proposing is a two-story rear addition.
 short-term housing for guests of your residence.
 That report is dated March 21 and is part of your package. Insofar as any lighting on Brighton Street or Pleasant Street, those lines will not exceed normal street lighting levels for public ways.
 don't have any information that we need.
 They said that the 8 was fine, but they said 520 was quite often they closed the door.
 And so I've also investigated large family daycare centers.
 In other words, if there's nobody living in the unit, we could still grant a special permit for it, but they would have to do additional things to it.
 It's at least a little wider. It's wider but it's a cut.
 And you understand we usually have a bunch of conditions, which I've already mentioned, so I'm not going to go through them again. But it'll be personal to you. And condition smoke detectors, things of that sort.
 I would allow the case to proceed.
 I think that's a good point.
 The 74, we have a similar house.
 You know, I was I know the man Freedies and we went through that same process when they were building it Because I lived in the house on the street behind it on Fitzmaurice Circle. So
 not anticipated that other than the three air conditioning units that is going to be in the other facilities, you know, on the roof.
 Is there an issue with the one in Belmont Center? I don't know if there's an issue with these folks here, but I have an issue. You do? Yeah.
 This is case number 15-44, which is 334 Pleasant Street.
 that I is to deny.
 So I don't think there should be any cooking or the equipment.
 And that's allowed as a matter of right without a special permit.
 So I'm trying to figure out how this property could even come up to be a hotel.
 didn't come here tonight anticipating to speak to this, but she has urged me over several weeks to come tomorrow night.
 don't believe that.
 I can't sit on it forever.
 So if the city board has any issues with proceeding that way, that's what I would propose to do.
 And we could also say drop off only on the side of the street where they are, which is the right-hand side. So that you don't have people dropping off on the far side of the street crossing.
 All in favor? Aye.
 You're saying they're living in the unit.
 I have not experienced any noise issues.
 You were looking for 9 to 5?
 if he's going to make the decision to have, just to not to say that you know, presented the following day or.
 Okay, any more questions board members? Is there anyone here to express support for this application? Is there anyone here to express opposition or concerns about this application? My name is Robert Croy.
 Cars being hit, you know, driveways being blocked, stuff like that.
 watch
 it is at my place.
 So we had to request a special permit for daycare, a license of 10.
 We talked about those in terms of story height because it's three and a half stories existing. Mainly that's driven by the basement, which is because of the steep slope, the topography on Golden Street.
 We've also believed that it was certainly contemplated when the bylaw was enacted that hotels would be allowed in the city by law.
 Scott Harper.
 I suggested to her that perhaps the hotel would be less of a traffic burden than a convenience store, because much of the traffic might be going right back to Pleasant Street and on to Route 2.
 I have given some thought to the noise from the air conditioner on the roof.
 People come over and use this as a base while they were visiting with their kids. People move to Florida from Denmark who come back to visit their children who just had a baby or a new marriage. A lot of personal use for having a place to stay temporarily.
 I would like to come to that.
 I'm recusing myself for the next application.
 We believe also that the section 7.3 special permit criteria test is met.
 I will note that during their current operation, I'm not sure what the size of the operation is at present.
 And any fees to be paid should be paid by the property owner, not the operator, because the property will have equity.
 of service people.
 First, the middle deals with the delivery, the trash pickup and delivery, which was an issue we discussed last time.
 I mean, there's no sale of goods, but there's that service.
 Got a motion motion over second all those in favor
 Were you yes or no? On the motion to deny on the grounds that it's just not in the bylaws, yes, reluctantly.
 I write all the daycare ones.
 I mean we were one of three municipalities. I believe that you know require special permits
 So we say we went straight. Everybody went happily after that.
 I'll second it.
 she watched it.
 So the space that's used as a daycare, nobody lives there?
 I mean, yes.
 and the engineer opines that they will be well below the 45 dBA required by the noise ordinance.
 So on this roof here, this hip roof, we'll just extend out two more feet.
 My name is Sachida. Ranjana is my wife and the daycare is named after her. She is here present there.
 I live at 96 Lewis Road, which is about four houses down from 120, for the applicant.
 James seconds
 closed.
 I have, and they thought that this might.
 is going to cost the town money to service them.
 We don't anticipate that in any event. As Mr. Columba said, the duty is usually the maximum. If they wanted to put a condition that says it can't be more than 90 days, any single tenant, we would not.
 At rush hour, it was lower.
 If it is taken under advisement, we attempt to vote on it at the end of the evening.
 My interest arises out of my acquaintance with Athena McGinnis, who's a professor at
 I also just wanted to note that the open space is at about 75%.
 I don't know if there's a way to restrict the number of cars there at any one time.
 presented what survey did like that.
 So 120 Lewis, how close is it to the main road on the bottom?
 Okay
 That's why EEC gives them the permit for a large family daycare because they live in the house.
 So on the plans that I submitted, I have revision bubbles showing the dimensions.
 Thank you very much for accommodating my schedule tonight.
 to some of us.
 honor of that.
 I do. There is one with all conditions, but we're going to have one for applications too.
 I really don't, I mean I was in the neighborhood to see the Crescent and I drove by there and I went back in the parking lot and I wasn't seeing a car back there.
 I worked as a policy is a green card holder.
 issues on the minutes there were the minutes of
 makes it very hard to back out when their car is also driving through and commuting.
 So an I is to the.
 And I think that the 5.2, 1.2 reference is, frankly speaking, an error.
 Is there supposed to be two more divisions?
 I'm sorry, just one other question before you wrap up. With Mr. Kemmerer's agreement with respect to the request for screening, I take it you don't have any problem with our wood making condition?
 I honestly can't respond to that. I don't know.
 Okay.
 Can you move on to your next point, please?
 the day looked like, an agenda of the day, what was going to go on during the day, the
 So there are two bedrooms there.
 I mean, we turned it down to the Fondameric, but that was because it was a grandfathered, they were arguing a grandfathered type of use of building.
 you're talking about most of those houses are also in tandem parking situations as well.
 The other two were, oh, the person who didn't show up, yeah, we heard.
 on submission of the license, in this case, since it's a large family, they have to submit a license for the assistant as well. So you've got two
 And you'll see there's a letter from Belmont Suites Hotel, signed by Mr. Colombo, saying that he proposes to have two trash pickups a week, no earlier than 10 a.m. and no later than 3 p.m., which will ensure the pickups do not occur during high traffic areas times.
 So that's basically the change that we made.
 be converting it into something else.
 I'll go through it and whatever you can use fine, what you can't use
 So that is opening up Belmont to a new avenue.
 seconds.
 Okay
 This was one where the concern was expressed last time principally about the lot coverage, which I think was, but they've made just that by removing the garage and therefore the lot coverage is now reducing and otherwise the application is more or less the same other than the kicking out the back two feet.
 I
 I'm here, my father is 84 years old, unable to come out in the snow, and I was unable to come to the last meeting.
 realize you want to get anything
 I'm reading the MEA's report here. Is this fixture the same one that lines the streets in downtown Central Belmont? I thought I heard that.
 Yeah.
 Motion seconded all in favor aye
 Okay.
 You made the motion to deny, correct? Yep.
 Yeah.
 And she has expressed some concern about that being
 We have it, guys.
 My mother, when she was living down the street, had a situation where her car was actually backed into and hit by one of the customers of the daycare. The neighbor right across from us, right across from the daycare and next door to us, also had his car hit.
 But the net result of these changes is that the existing lot coverage right now is 25.3. We were previously proposing 29%.
 Why do you think you fall into the other category more than you fit into the apartment category? Because I think typically apartment use and hotel use are two separate uses other than the fact that people are living there.
 Where is that 5.2 or something? 5.1.2.
 It just seems to be hotel is not something that was inadvertently admitted from the scheduled uses, although I acknowledge that section 5.1.2 does contain a sort of mysterious free-floating mention of hotels in the context of discussing parking spaces.
 So you are looking for an application that's up to and including six. You've got the license.
 Secondly, there's that section 5 Or something in the zoning ordinance that talks about parking for hotels which the implication of which is well Must have been contemplated. Is that that's corrected. We're
 I can't. I don't know what zero means to the lighting engineer here.
 meeting member, Christine Day.
 The next application is another continued case, case number 15-44. It's 334 Pleasant Street. The applicant is Michael Columba, seeking, was initially for special permits, but the building hijacked compliance.
 Any questions?
 We have one neighbor who I believe is here again to speak in favor.
 From time to time you would have somebody who was relocating you for a job.
 Seconds.
 I just, you know.
 That's not what the Bible says.
 who are your assistants? You have them currently? Yeah, we have one assistant.
 your suggestion that they essentially be required to to drop off children only on the sidewalk side?
 I think it's a little less than that.
 We ask the applicant to make a brief presentation. We now have a podium which will ask the applicant and anybody else who wishes to speak to speak from.
 Let's see.
 Just heating that creates more noise and
 There are two on this property, there are two spaces that are indented from the street, a parking area.
 I think that the fact that there wasn't police before is now they have a reason to pay a little more attention.
 So it is there, and we have a log.
 I mean, I think that's a good point.
 So they sent me another letter saying that no, they do live in both units.
 So there has to be been a normal good day.
 Context being that neither lodging or hotel is described used in section 3.3 The closest that I can see in the sex schedule 3.3 in terms of analogous uses would be other apartment house, which is defined as a dwelling condition
 If there's three in favor of denial, then that fails to meet the, because you're going to need four to get affirmative relief.
 Hi, my name is Debra Bardi.
 I'm concerned about this part of here.
 I think it's just seeing this, it's just a...
 brighter.
 You can't use the first senior center.
 I'm not concerned about that.
 I live on Stults Road, which is, I'm not an abutter, but I'm in the direct neighborhood.
 And so it's Jim, so it'll be the five of us who vote.
 So we had a license, floor plan, a picture of the backyard.
 Is the applicant here? Okay, if the applicant's not here, that's a first.
 kitchen, we have office, we
 And so we feel that this is a problem that is not a future problem, but one that's already experienced by the daycare that's been operating for a good number of years and has not been solved yet.
 So on if they're living in the same building, I think in my view that would be acceptable I'm
 Is the backyard fenced? I mean I walked by and I could see that you had fenced it. Yes, backyard is fenced.
 It's always been a concern of myself and others at my church who provide Miss McGinnis rides to and from church and assist her otherwise. Getting in and out of her driveway there,
 And so after doing some soul searching, what my clients agreed to do is to remove their existing garage structure.
 Can you elaborate on the differences you see between hotel use and apartment use? Well, obviously hotel use is more transitory. People are coming there for shorter periods of time than someone living there.
 And then in the places where it was discussed by you, it's just missing.
 So that one was a 5-0.
 He's not even four hours.
 We don't.
 We usually before this got a copy of the license as well now. We don't get a copy of them
 Any other thing that you will say that I should do, we'll be happy to try.
 And particularly in the unit that he has the new kitchen facilities in. We get other people coming in there for living there permanently because they have no other place to live. The rents are going to be adjusted accordingly.
 That will be several times a week.
 So that's significantly more than the 50% open space that's required.
 think it's a good plan for that house?
 I'm throwing out a number here, a $300 a day penalty and adjust it for inflation.
 I understand that. Sure
 that road.
 Case number 16-03, 74 Golden Street.
 Now I understand why they don't have the license I have prepared the list
 And only because it's an overnight thing.
 So if that were a side yard setback, it would be 3.5 feet more than what would be required.
 was definitely suggested by my attorney and I'm satisfied with it.
 It's a concentrated area.
 We are still waiting for a couple of members who are expected to appear, but we have a quorum and we can proceed.
 Someone showed up in the past and it was called the Montessori School.
 quibbling.
 So if we hear from the neighbors of Vietnam, hearing to the conditions,
 There were three cars in front of that space dropping off at once. That would be a total of five cars dropping off at once.
 First of all, it's not a condition set B.
 First is whether this is something that can be granted at all.
 you can't.
 I think if they're well run, it's more personal care.
 I'm focusing on the changes to the plan.
 I looked at the earlier variance decision from 1983 and I must admit it doesn't seem to me to bear on the issues here.
 And I thought about those.
 I noticed that there was a railing missing on the side.
 it shows and obviously this if we were to grant it I would certainly propose a number of conditions but it seems to me that I just can't get to the point of reaching so
 renting rooms is not selling in the retail sales sense.
 I'd like that to be reflected in any special permit that is issued.
 So we hope you look at it favorably. Thank you.
 Mr. Mercer, if you've got one more quick question, please be quick.
 Aim the light so that it doesn't spill outside the property and they
 It's just taking the gambrel roof and extending it back a little bit.
 I'm going to be sending a copy.
 And the number of stores is three and a half, but it was three and a half before. Right? All right. Okay. If there are any more questions, in that case, let me just ask if there's anybody who would like to speak in support of the application. Sir, if you could go to the podium and identify yourself for the record, please.
 which means that you need to have an assistant.
 Thank you.
 I can't really vote on the March 7th because I will.
 It could be like hair salon, manicure, pedicure, massage, therapy or those which is like a service.
 Sure.
 Does anybody have any concerns about the 137 SIGMAR application?
 want that to be cut off.
 Second, there was an issue as to deliveries, as was noted and stated in the letter, there will be an in-house laundry service.
 So we're hoping that that will satisfy the board's concerns.
 here it's a new use.
 So you're talking about 16 two-family houses on an average-sized, high-density residential block.
 And then I get the other ones
 licenses and then they've
 Normally we got for these applications
 We keep one more like our guest room or so.
 I don't know.
 Do I have any concerns over this one?
 The first one is we're now moving on to case number 1604, which is the application for a large family daycare at 120 Lewis Road.
 motion by John, do I hear a second? Second.
 I think the town bylaws cover whatever can be covered with respect to fines.
 There is no 24-hour for-profit business in Belmont.
 My concern is that you could have a 15 or 20.
 You voted against your motion. Just making sure I got it right.
 I mean, it is not my fault that I haven't mentioned it.
 Continue this one until the next meeting.
 And also, instead of using one big commercial unit, which is a higher decibel, I went with three smaller residential units, which would be a lot less noisy and they would each time out different, so it would be a lot less noisy.
 Our issue with the property that's in question is that in Belmont, for this particular piece of property, there is no special use allowed for an overnight stay.
 I'm not giving you legal advice here, but you might want to get anything in writing concerning your property recorded at the Registry of Deeds or something on the deed, the restriction on the property.
 So the main, the one story portion of the addition would get two feet bigger so that they would have a little bit more storage space in that back basement room.
 So we suggest that falls into other.
 We have a license running from 2000.
 The neighbors at 112 and 114 told us that they've had their driveway blocked.
 So if after a year we have a lot of these complaints, then they're going to have a problem.
 She has commented on a number of occasions about how when people drop off at this daycare, they come up heading north on Lewis Road, pull over to the left side, facing oncoming traffic and unload children in the street.
 I live on 38th Avenue.
 Thank you very much.
 On that issue
 Less than 0.1 lumens. Foot candles. Less than 0.1 foot candles.
 Do you have any assistance?
 So I would hope to believe that there would be some crack in this poorly put together document here that would say, yeah, we could allow that to be an improvement, which I think would benefit the neighborhood.
 And this is, in my view, a situation where if it's being permitted, I think town meeting would need to decide it would be a permitted use.
 need to live in the house on the way
 Assistant works 8 to 5 and then
 on the sidewalk side, which is the side where the building is. Or in the indented permanent parking space on the property.
 I'm gonna sign in.
 I'm not going to talk about that today.
 We just to remind you guys we have the signatures from the 12 neighbors.
 95% would be a week or less, two, three days a week and that nature.
 and that was not an SP in that column for this. Did that ever get resolved? I didn't hear that.
 I'm not sure.
 I mean, that's why I included everything we had.
 Usually one person is parking up five or six.
 a safety issue.
 I
 This time it was renewed for a fourth time in August and the Department of Early Education and Care people came and saw that.
 There is not.
 Correct.
 I crossed from the mall.
 And we ask the applicant to make a brief presentation. The members have read the written material submitted to the board, so you just need to hit the highlights, mostly for the benefit of the audience.
 Tommy and I have been living in this precinct and I've been a resident of Belmont for many years and I've seen different changes and different projects in
 Thank you very much.
 long-term resident of Belmont, Diane Mabardi.
 containing no fewer than five dwelling units, but that use is actually prohibited in LB3 districts and most other districts in the town. Lodging and boarding is permitted as a use in LB3, but it's permitted only as an accessory use, which requires that to be a principal residential use, so that doesn't apply here.
 So in that case, I think the vote of three in favor of denial carries the bill.
 on an application.
 get that right, for a special permit under section 3.3 of the zoning bylaw to operate a family daycare home at 155 Beach Street, located in the general residence district.
 And so I'm concerned about what large means in terms of large daycare.
 me to sort of two questions here.
 You can't use it for senior living.
 they don't cause any noise problems.
 Is that different than what we have in the town center? I think it's the same as what we have in the town center, except that the ones in the town center have higher voltage lighting.
 That's an extremely busy street.
 So that brings us to the issue that you guys really were concerned about last time. The first two were things that I think were largely acceptable, but the concern was about the lot coverage.
 Since Belmont does not, whether that was intentionally or by omission, our belief is that the only, the closest square hole for the square peg is in other use.
 People who've had two families have made it into one family.
 That's how we do it.
 We live there sometimes, sometimes we live upstairs.
 And we don't see that they are making any attempt to solve that as well.
 And again, those deliveries will be at off-peak traffic times.
 And even with the one-story rear addition, once this proposed addition were built, it would align pretty closely with their neighbor's house, the folks that are here this evening. So their house sticks out currently much more so than this existing structure.
 And the other thing is that we're on a slippery slope and if you get past 30 days it starts to become a de facto apartment.
 Excuse me. Yeah, but normally what you got was all of that.
 So we are taking every care to take care of the neighbors' concerns, needs, and their position.
 We entertained that warehouse and turned it down for reasons of...
 That wasn't, we didn't have a. No. No.
 Usually it's earlier.
 And grant the license if you wanted to. There's no, I don't think there's a floor plan.
 It seems to me for us to allow a hotel as an other retail sales and services stretching the bylaw beyond its.
 as long as you're registered with the town of Belmont.
 that was expressed on the procedure who's gonna sit on this one.
 I just hadn't sent it out because I thought I had all the cases covered.
 It's certainly compatible with our house and we feel with the neighborhood.
 And as a suggestion, I would also propose a fine for any violations of these things.
 He's in the business of building a hotel and selling it.
 additional logistic emphasis that people should be driving in the proper direction to pull over to that curb.
 And obviously there's a number of conditions that are usually imposed like it's
 It doesn't have anything.
 Seems a little too family.
 Six months review? I don't know. It seems to me that we have to put, if we're going to grant it, we post things, you know, staggering drop-offs, drop-off only on the side of the street adjacent to the 218-120.
 I'm not carrying a national flag.
 me is Tino Lachowko, John McManus, Associate Member. I'm Eric Smith, Jim Zaccardes, and Nick Iannuzzi.
 And so it's a 13.25 front setback to Chenery Terrace, which is the secondary street. The house faces Godin.
 Now I'm talking about the trees.
 Those will be as quiet as the two that I have, these 10 feet from my bedroom window.
 Any other questions? All right, let me ask if there's anybody, obviously the plan is essentially the same as last time, but with the changes that have been described, does anybody have any wishes to express support? And by the way, just so you know, we obviously, we were here last time, so you've already expressed general support or something, you don't need to do it again.
 As she noted, there was an earlier variance application.
 And if it were to be granted, it should be granted under certain conditions.
 need a vote of
 a preferred alternative to transporting children longer distances to larger institutions.
 I want to make sure we lean heavily on the duration of an occupant.
 can actually mitigate that with a little wattage or less lumens so that they can achieve the desired design criteria that they want.
 I've come to an agreement with the developer to provide shielding in the way of five shrubs between the landing and my property.
 conservative but it adds what it needs.
 And I must say, I think the applicants did a great deal of work on this application.
 The notice suggests that the similar use might be other retail sales and services, but lodging I think is different from sales.
 You talking about on the farm?
 May I have a question?
 But it works, it works.
 Yeah, that is there. Large decade is from 2009.
 Hi, I'm Yolanda Lu and I own the two-family house that is diagonal across from this daycare that's been operating without the special permit from the town for the last five or six years.
 Yeah.
 If this is our collective view, then we don't need to reach the question of whether or not there should be a lot of conditions imposed.
 I'm not sure.
 The second floor addition is this portion here.
 one of the most handicapped I believe.
 The vote would be, I guess, to deny on the ground that the hotel uses not contemplated by the by-law.
 I did well, Eric. I did well.
 But either way, even if we went the other way, it still would be, there wouldn't be enough holes.
 So I'd like to see the assistance license as well.
 I don't want to put any economic load on the town.
 So our issue is the transient.
 It will be located on the roof, as I said. And insofar as the P-TECH units are concerned, it should be located closer to the street lines.
 The principal dwelling was 10.
 But then you would have to tighten a number of days down.
 So if we're going to ask for a license to be attached to their application, that means we're going to ask them first to get their license there, which is what we told them not to.
 We have an excellent park in the back.
 John's change.
 I know there are lots of dual working families in the neighborhood.
 I was doing it was normally like the 7.15 and the 7.30s, like the 8 o'clocks weren't good for hitting the school traffic.
 What would you call a retail service? Things like a dentist?
 And the Gambrell roof is actually, it makes it feel much lower because the second floor space has low roof, low ceiling and eave space with the Gambrell.
 So we made a presentation with respect to the zoning by-law.
 you after six months or a year.
 The second was yours, sir. Yeah
 It is a frequent high-speed cut-through for people trying to avoid the light at School Street and Belmont Street.
 There's a number of conditions that we assuming we were to grant it we
 the application of RICO-ACUQUE for a special permit under section 3.3 of the zoning bylaw to operate a family daycare home at 137 Sycamore Street located in the general residence district.
 And remember one we had where an area didn't have trees. I have to do that decision actually.
 applicant is Robert C Ketchum and is seeking a special permit under section 1.5 of the zoning bylaw to construct a one-story rear addition minimum required rear setback is twenty eight point three
 If he had 10 sitting, 4 would be enough.
 I think generally my opinion.
 Although I think she continues to be licensed, but backing out of her driveway onto Bright Street is extremely hazardous.
 So I would request that permanent restriction be placed on any heating unit on the roof.
 So it's only good for a single or a couple.
 It's a building code issue.
 And we'll have staggered drop-offs because Sycamore is as bad as any street. Very busy street.
 How can we make a decision on this tonight? Our one thing we've been talking about doing is you're going to make those lists of things that should be submitted because each of the ones that are before us tonight, none of them are submitted to licenses, which is an issue, obviously.
 but it probably should be a 530.
 Most of them had more parking than what's available at this particular residence or this particular house.
 We're also providing some product data for the air conditioning compressors, which will be located on the roof.
 with me here tonight are Joya Ramchandani and George Young, the homeowners.
 it's also providing another service for the town than you would see in an apartment.
 but I've been doing this long enough to say never say never.
 The shield can be controlled.
 of the uphill, upgoad street neighbors.
 I was here.
 would have been, you know, if they wanted to go and ask the plaintiff or to recommend change to Tom Mead and they could, and the case would, if we were to go that way, then the case would end.
 Thank you.
 Members, any questions?
 There is a problem with the transient business coming in.
 to convert this into a long-term use.
 First of all, as far as the overnight use, your use regulations do permit, as an accessory use, lodging and boarding for daily, weekly, or longer periods.
 And on this one, again, the five officer presence.
 So all in favor say aye.
 I think this one has been generally well run.
 So to go back to the questions.
 First thing I'll do tomorrow ask them to make sure they have it I'll copy Nick if
 And then we could also say that the applicant, I mean, I heard the point about the, the applicant apparently parking in front of the house, which is where people would want to drop off.
 That was fun.
 Otherwise, we can't issue that dispersion.
 You know, I mean I would rent those offices upstairs and rent the first floor.
 I note that this was initially presented at the last meeting on March 7th. And Craig White, who is present, is not here.
 I don't know the exact address.
 And I think that's a good point.
 Real quickly, we talked about the
 closest thing that we could fit into, we believe, on the business district is in other retail sales and services and the hotel use, we suggest is allowed as an ancillary use in that district.
 much.
 It is supposed to be displaced at the conspeakers' place.
 This is an application for a family day care home which is up to six, including six, not ten.
 And are there any children living at 118 or 120 at this point? Any children living there under the ages of seven? No.
 Our office is not going to have the time to go there every morning to see if it complies or not. But whatever we hear from neighbors, we'll keep it a record.
 Okay
 I don't see any permitted use that's similar in its impact to a hotel.
 Is it up to 10 right now? Can anybody inform me of that?
 I'll send what I have, just add to it.
 I've got a quorum, but I think you have to ask them whether they want to proceed or not.
 Those would be the long extended step.
 I don't know.
 I don't think it will be a problem at all.
 Thank you.
 how someone else wants to write it, I'll write it.
 I'm gonna just blow them all out.
 So given that, I would just classify them under other retail sales and services. The reasoning being that, well, it is a service providing a room.
 I'm just asking if you can move on to your next point.
 They have staff, they have maids, they have cleaning people.
 was a submittal made to the board over a week ago to address certain issues that were raised at the last meeting.
 application of Ranjan Ijaf for a special permit under section 3.3 of the zoning bylaw to operate a child care large family at 120 Lewis Road located in the general residence zoning district.
 I believe those are the, and there's also a new elevation which shows the screening that will be on the building for the P-TECH units.
 This piece.
 with the changes of Eric and Craig.
 Does she have experience? She has a lot. She's a grandmother. She has a lot.
 His testimony was equivocal, shall we say. So he lives on one floor of a two-family, and the other floor is unclear.
 I would say that it's logic.
 That seems to be the definition.
 lot of snow. We worked with a neighbor who expressed this thing that the bus should be allowed to come.
 But if you go over there, you might have residents in there.
 So I assume that it's contemplated that a 90-day stay is not an excessive length of stay under a hotel use.
 I don't know. Just a thought. Well, I don't think it's a serious problem because there's no proposal to put a furnace on the roof.
 So I'm not an immediate abutterer.
 All in favor?
 So 3 in favor of denial.
 It's between Fairview and Elm.
 We've asked them to inspect the smoke detectors.
 That's how they're allowed to, by the building code, by the EC.
 I haven't heard complaints from my neighbors about noise of the children disturbing them. My only concern, which I share with my wife and another neighbor at 88 Lewis Road, Kathy Johnson and Bill Wilson, is the issue of traffic.
 We had presented pictures.
 I'm not an abutter or a nearby neighbor of this development.
 So we're reducing the lot coverage with this sort of compromise with the garage.
 four cars.
 if you go to all the public hearings first.
 I'm not saying that nobody goes to your hotel. I'm just suggesting that traffic is not what one might think it might be in that area.
 have checked all those things, eligibility and
 I'll make a motion to approve the minutes of December 7th, 2015, February 1st, 2016, and March 7th, 2016.
 Most people choose not to park in the one parking space available.
 Even they sleep down there like you know once a week or cook something in their kitchen that kitchen
 templates.
 With that, Mr. Miller, I believe we have revised plans which made a number of changes, and
 I'm sure there was one speaker who pointed out that this did provide service that was not present in the case of an apartment, namely the ability to not have to have a house guest.
 It's basically taking that mudroom and playroom and making it a playroom.
 You don't have to do it right now. There's a sign up sheet if you could also sign up.
 make sure that any of those fines are paid, that the legal and collection fees are paid by the property owner.
 It's reflected in the landscape plan already.
 It's the same reflector, but it's supposed to be a non-glare reflector. That's why it's got the refracted finish to it.
 We actually had three, but one right now, the railing fell off on the back steps.
 This would be a motion to deny.
 So otherwise, how do you reconcile that stray hotel mentioned in the parking rule? It seems to me that section 3.3 is where uses are allowed.
 This program is designed for all ages, but be aware of the late time, it needs to be dark to spot them.
 The negatives are that you need good odor control because if something goes wrong with the odor control, it'll smell.
 Joanna, thank you for joining us here on Belmont.
 First of all, the new carts that you'll be using for the collection program, they're going to be delivered during the last week in June and in the first week of July.
 Well this particular week we're trying to get the water cleared up and running properly and balanced so that the pool can open on Saturday.
 So she was there with her idea.
 which to me sounds like some advice you get from your health club instructor. Do you know what it is? I do not, but I'm hoping you can explain it to me and our audience.
 There's been a variety of them, you know, budget we challenge with every year, but also just the growth and the culture shifts for the building.
 Better tales are there for the writing.
 That's right, it was a recommendation by the superintendent's vocational education options working group, that has an acronym.
 I grew up in a rural part of Massachusetts where we had our own compost pile.
 And that would pay for about a year's worth of composting for Chenery.
 That made us, well that made me feel good about it.
 To keep that rolling has been a challenge.
 It really looked at everything that Belmont students need, whether it's social, emotional, and extracurricular, and what type of education they're going to receive.
 It's a big Swedish company.
 It takes about 10 to 12 weeks to prepare the pool.
 Yeah, that's an option.
 Thank you.
 Thank you very much.
 It's nice to be outside on a nice day.
 Social Documentary Network and Digital Silver Imaging present Documentary Matters Community Night.
 I promise this segment will not be a waste of your time.
 My name is Todd Bloniaris.
 is fully ADA compliant.
 We're here at the community farms in Waltham.
 Well, for more on all these stories, don't forget to follow the Belmont-Ontarian on both Facebook and Twitter.
 And I just wish everyone the very best in creating an environment that people absolutely thrive and love to come to every day.
 So maybe that's something we can look for in our high school.
 Sorry.
 Yeah, there's not that much of it right now.
 Exactly.
 Thanks for coming and letting me talk about this.
 She lays out things in a very clear and concise and logical way, which I really respond to.
 And then they're eventually going to vote on the top one.
 If you'd like your event featured in Belmont Journal's community calendar, you can send your event info to jane at belmontmedia.org.
 If you're interested in signing up, you can learn more on their Facebook page, or on, and they can sign up on Black Earth's website.
 They're going to be moving faster than most people think because that's when they'll really begin starting the first construction.
 Nice to have you as our host today.
 I think that's what that means.
 It's interesting though, the resident that brought it to the selectmen's attention, his name is Bruce Haskell, and he works for an environmental consulting firm called Langdon.
 So I was very impressed by that and I was thinking why aren't we doing this? Sure.
 maintain a bacteria level checks daily.
 It's an enclosed facility for organic waste.
 It's been fun giving us the shots.
 And then it will likely go to town meeting, probably not in a special town meeting in the fall, but probably in the annual town meeting because a decision does not have to be made until September of 2020.
 I feel pretty good about this, it's really fun.
 It really makes me appreciate what I do have.
 be even less than that, but they have designs already done, it's beautiful, it looks
 Can people contact you if they're interested? If they have any questions? Yep, they certainly can. They can contact me.
 We work really hard and I'm the leader of an amazing group of people.
 Belmont compost.
 now in Lincoln, but it's just feet away.
 And it's going online in 2019.
 We love to garden and so we've always had our own compost pile in the back.
 and has been Belmont's town clerk since 2010.
 The Powers Music School presents a Pow Wow Session 2 performance of Cows in the Kitchen on Friday at 9am at the First Church in Belmont.
 It was used for an incinerator, and there's actually a building on there. The actual incinerator is still on the land.
 Exactly.
 classrooms out in the mods.
 I'm like being helpful because you know I feel like their first priority isn't like oh like today We have to like clean out all of our stuff. It's like
 It turns out that Black Earth gives a referral discount.
 Remember that the success of Belmont Journal depends on you, the viewers, and your support.
 and we try to maintain those ranges consistently throughout the year.
 You would pay a fee, like if you're a commercial business that collects waste and you need somewhere to dispose of it, you would bring it to our anaerobic digester and you would pay a fee.
 And let's say the selectmen do vote because they collected all these ideas and now they're going to study the ideas and decide which ones might be the top three.
 So, yeah, so we recently founded Belmont Composts, which is a group that's mission is to increase curbside composting and decrease Belmont's trash by increasing awareness of the different curbside composting options and also making it possible to have low-cost composting for the citizens and also businesses and schools.
 I had a lot of fun working with her and I believe that work, good work, should be recognized.
 And that's it for this week.
 So we're talking very quickly.
 if they're interested in joining in on that program.
 So with Meg and Nancy and Dan together, we're a pretty formidable team.
 my old neck of the woods right where I grew up.
 Yeah, well, it's been fun.
 great.
 The main thing we do is to try to keep as much debris out of the water as possible.
 From what I understand, it's used to collect organic waste.
 So, and let's talk about it's been a busy week. I guess there was a public meeting earlier this week to discuss something that you had spoke about last week, the results of the incinerator site over at Concord Avenue.
 While we're on the subject of high schools, the Belmont High School, you actually have some official dates as to when the new high school is going to be built.
 So we're at the Belmont Public Library and we're working with two members of the Garden Club and we have been digging out what they call a hell strip.
 Well, I think it's a really great mission and it's great to be educating people about it in the first place and to be signing up for these programs to kind of incentivize people to hopefully sign up for some of these programs.
 mopping the floors and cleaning the kitchen and we're gonna help them too.
 So they're familiar with Belmont. They've come out with a four-year plan. Starting as soon as, well, first of all, the money has to be paid for. They have to, the town has to pay for the debt exclusion, which could be up to $120 million.
 right now.
 know it's a huge honor for not just me for my office.
 We have a conversation with Julie Wu from a group called
 This past winter, when we closed down the compost pile, I just felt terrible about throwing food waste into the trash.
 In this segment, Town Administrator Patrice Garvin tells Belmont Journal why she submitted Ellen's name and what Ellen herself thinks about receiving this honor.
 But surprisingly enough, it's being built faster than I ever thought it was going to be built.
 You can join the discussion on Thursday from 7 to 8 30 at VHS.
 It's now just used mostly for public works storage of leaf composting and concrete waste and stuff like that.
 And that closeness will also allow them to take extracurricular, such as sports, which is always important for kids.
 And as that growth happens, culture shifts along the way. And taking that culture and aiming it in a direction of creativity, innovation, risk-taking, as they adapt to tighter spaces,
 know what I have to take for granted.
 Please email your story ideas to executive producer Frederic Rigolo at fred at Belmont media dot org.
 And then I found out that actually at Chenery, they are trying to start a composting pilot there.
 The ideal range for the TH level is between 75 and 80.
 There's two ways it would generate income.
 Fireflies are a natural joy of summer. Learn about them and search for them around Belmont Habitat on Tuesday from 815 to 945.
 journal. Thank you, Todd.
 So over the next couple of weeks, if you're not going to be home during that time, just make sure you make the necessary arrangements so that the carts will be placed on your property.
 And there are some negatives.
 I'm gonna do my best to do that before
 much time we need to prepare for the opening.
 So all that comes to mind when I hear composting is rats. But I'm sure Julie would know of a way to prevent that from happening.
 CollegeWise brings an essay writing workshop to the library on Monday at 7 to show you what admissions officers really look for in a great essay and offer suggestions for finding and sharing your best stories.
 Richard talks to Belmont Journal about the challenges that lay ahead for the high school.
 And I guess there was a meeting of a task force in town this week with some big decisions coming out.
 Yeah, no, I smell really bad
 and that's about $3,000.
 And as we were painting the wall, a lot of the neighbors walked by with their little kids and their families and they said thank you.
 But I will say that it's a challenge that I'm really proud of and that the faculty and staff have embraced and that we're on the way to being innovative, creative, and
 And it just turned out that Minuteman was the best buy for the dollar.
 Journal's Frederic Rigolo talks with Frank Satori about keeping the pristine pool clean.
 All these ideas was written down, playing fields.
 They have been talking with the architects, which is Perkin and Will, and Skanka is the firm that built the Wellington Elementary School.
 Thanks for joining us this week, Franklin.
 I love it.
 And with that, we're going to bring you next week's events on the Community Calendar.
 Artists and Miller will share specific collage making techniques. Materials will be provided, but feel free to bring your own clippings, photos, textures, or painting and drawing materials.
 we use less chemicals that way.
 see what I did there.
 for the opportunity to take a turn in the host chair this week. As I've been a volunteer here at the Belmont Media Center for over 25 years, that goes back to a time when there was only one local access channel and the studio was working under a different name in a much smaller space over at the high school.
 It's a senior service day.
 And they'll be building that and not touching the high school that it is.
 Time now for this week in the Belmont Citizen Herald with Joanna Juvalis, the senior multimedia journalist for the Belmont Citizen Herald and Wicked Local Belmont.
 But so we go back to the task force and what they decided is that after doing a lot of reviewing and looking at other options, including programs such as a collaborative among Cambridge and Somerville and Waltham, where they have vocational programs, and also looking at Shawsheen Tech as another option, they decided that the best thing for our 30 to 40 kids who go each year to vocational education
 to make everybody happy and accommodate everyone.
 So it could potentially cause some traffic on Concord Avenue, which is where this site is located.
 get the ball rolling.
 Students ages 5-11 will perform the musical theater piece that they have learned over the two-week program.
 Yeah, and then otherwise you can check out our Facebook site, which is Belmont Composts with an exclamation mark. And let's see, we'll be at the Payson Park Music Festival concerts. And in July and August we'll be at the farmers markets as well.
 Thank you so much for being here today on the show.
 She's smart, she's dedicated.
 And that's really what that means to me.
 So if this makes it to the top, there is some more evaluation of the land that needs to be done to make sure it's even feasible.
 will be the new high school section will be the 9 to 12.
 again, almost a third of the way there.
 We used automated vacuums in the evening to clean some of the sediment around the bottom of the pool.
 And what happens is the organic waste turns into electricity in this anaerobic digester.
 Julie is the founder of the Belmont Compost Group in town.
 Because actually you can put in meats and dairy products and cooked foods. You can put in paper products of all kinds.
 having a ball out here and I definitely recommend it.
 You know what, unfortunately, Joanna, we're going to have to save this.
 A lot of it is wetlands.
 Skanska, which is the construction company that is building the... Is that another acronym? No, no, no, no. That's a big... It sounds like one.
 I put in a couple of things that I've observed even in my short time being here and
 You want to hear about some of the other ideas?
 and
 great.
 Following a discussion of the current state of affairs on climate policy and possible solutions,
 So can you give us just a quick rundown of the difference between curbside composting versus home composting? Yeah, so actually we started out with home composting.
 the best at her job out of 351 worthy candidates.
 Hear stories about his days as a sports writer, and enjoy baseball and classic songs from yesteryear.
 We just have to keep giving out food.
 A lot of interesting suggestions came out of the public meeting. A bike and skate park, a hockey rink, and an anaerobic digester,
 Again, it's just a recommendation. They don't have to follow it. But it is, like I said, a very thorough look at this need that we have.
 in these state requirements for the clarity levels and the balancing of the pH and chlorine
 Now time for a fun fact.
 Parks division checks it five times a day.
 and then it would turn into electricity, which is also revenue for the town.
 I'm Todd Bolognaire saying thanks again for the opportunity and so long for now.
 townwide, so I started looking around to see if there were companies that could do citywide composting and also would give a group rate.
 Sign up for this and other programs on the Mass Audubon website.
 appreciate that. For more on this story, don't forget to read the Belmont Citizen Herald or you can go online to wickedlocalbelmont.org.
 We begin this week's show with an important reminder about the upcoming trash and recycling collection program here in town.
 If you sign up as a resident, then January will get a $10 credit off of their composting.
 If you're looking for feedback on your documentary work or a place to meet with others involved or interested in documentary photography, you can apply to present your work for critique and discussion on Tuesday from 6.30 to 9 at Digital Silver Imaging.
 Essays about life lessons learned from football or how my trip to Europe broadened my cultural horizons.
 When I started we were about 950.
 We begin around the first week of April.
 And we do have a rat issue in Belmont.
 we got 300 people to sign up and if they all named Chenery as their refer.
 And so we tried that this winter and I was really impressed by how much more you can compost in a professional facility than you can compost at home.
 which we don't have enough time and i think that i can tell you what
 in clothes something could go wrong with those controls.
 This new building coming on board is a huge opportunity for them to expand on what they're doing.
 That's another big thing. You can basically take kids and put them on a bus and bring them to, I guess now the school is no longer in Lexington.
 There's definitely citizens here in town that want to really push for the, you know, the...
 I felt like I was helping the community.
 After six years on the job, Belmont High School Principal Daniel Richards is stepping down at the end of this month to pursue similar opportunities closer to his home on the North Shore.
 your house. Thanks very much for coming. And for talking about this really great group.
 For many Belmont residents, the opening of the Underwood Pool marks the official start to summer.
 Another gentleman had a lot of great ideas, a pet cemetery, a dog park, a driving range.
 At first, she talks with Julie Wu of Belmont Composts, a newly formed group that wants to reduce Belmont's trash by developing a low-cost curbside composting option.
 door. One stop destination for hyper local news and community information.
 Newman spent years covering baseball for the Lynn Item, Lowell Sun, Patriot Ledger, and Boston Globe.
 And we hope that we take care of the people in the town of Belmont, that they come to us with their issues and they just sometimes need a little bit of extra guidance or hand-holding and they can come to us and also rely on us for the more predictable parts of our job, like running, helping to run town meeting or the elections and produce their vital records and marry them, et cetera.
 Nice to be here.
 But this has been a very thoughtful.
 We are cleaning some buckets to fill fresh produce with to give back to the local citizens.
 Thank you so much for being here.
 Up next, a story on BHS Senior Service Day, where students give something back to the community through volunteering.
 So we really want the Chenery to succeed because all the other schools are looking at Chenery and seeing how they do.
 Time now for this week in the Belmontonian with editor and publisher Franklin Tucker.
 I mean, there's never really been traffic issues on that part of the road there.
 So I submitted her name.
 I will definitely keep you updated.
 I also produce and co-host my own show, Time Out for Sports Talk, which just like Belmont Journal, airs on the BMC Public Access Channel and can also be viewed on demand at belmontmedia.org.
 So I started this campaign, you know, hoping to get 300 people in Belmont signed up.
 you can register on Social Documentary Network's website.
 We're over 1,300 right now.
 Many great kids write average or even bad college essays.
 The parks division comes in and does an initial inspection to see how badly the winter has affected our pool. That pretty much governs how much work we have to do in the beginning,
 So are you aware of that? I was not, no.
 Yeah, it looks so huge.
 And it was established after Belmont decided back in October of 2016 to leave the Minuteman out of the school district because of differences in what they should be paying in terms of the capital costs for building the new school.
 The other thing is traffic. They're commercial vehicles that will be delivering this waste.
 So we started up with city compost and then once a week they come and they take away the food waste and they take it to a composting facility.
 In fact, Julie Wu was at that meeting and she said, why don't we just use it for composting for food and leaf waste. But I'm not sure how that would work.
 Keep in that direction, creativity, innovation.
 Some of it come down to location as well, just the fact Minute Man's a little bit closer than some of the other options.
 We are out here volunteering at a soup kitchen in Watertown.
 Thank you very much.
 He leaves his office on Concord Ave.
 The new Underwood public swimming pool opens for its fourth season on Saturday, June 23.
 That sounds like fun.
 Up next, Belmont's own Jane Peters brings us this week's installment of the Belmont Community Calendar.
 Hello everyone and welcome to Belmont Journal.
 We're all artists at heart, and collage lets us express ourselves with our choice of materials as well as design. Make a beautiful and meaningful piece of artwork in a fun and social setting with other Beat Street members on Tuesday at 2.30.
 Hello, Joanna. Nice to see you.
 Now, I don't know how people are going to react to that.
 I mean, it's a pretty big deal that people put their trust in us to do that.
 And don't forget to refer Chenery if you do sign up so that they get that credit.
 The service was at Peace and Hope and we painted around the wall, the wall outside the park.
 Here's how they felt about it.
 And if Tenere's project with composting goes well, then they might start.
 And when the nomination papers came through, I couldn't find any reason not to.
 Franklin, good to see you once again.
 All right, so those are some of the negatives.
 You can register your children now for Pow Wow sessions three and four at powersmusic.org.
 So people can talk to you at any one of those events. Yes, we'll be there.
 Your goal is to increase composting within Belmont and also you have some other initiatives going on.
 Firstly, Ellen Cushman is by far the best clerk I've ever seen.
 I obviously we all know anybody who works in an office that has more than one person because the town clerk is not just the town clerk. It's the town clerk's office.
 And from what I understand, an anaerobic digester, they don't really exist around towns like Belmont. They're more in farm kind of towns, like Western Mass, and more farm-like.
 So we wish you tons of luck.
 And that will be basically from where the gym is, where the field house is, all the way out to about where Harris Field is.
 We're here with Julie.
 It's a Neptune Benson Sim bottom filtration system with an ultraviolet disinfection backup system which helps break down bacteria in the water.
 It's a process. And that actually could generate income for the town.
 And so actually, it really dramatically reduced our trash.
 I would definitely do it again.
 So the selectmen wanted to get ideas from the public for uses for the incinerator site, which is about 25 acres of town-owned land.
 That's right.
 off to talk about it.
 And that was enough to get the denomination committee to notice Alan and recognize her in this great way.
 might be a push for this anaerobic digester, because in a segment we're going to have coming up a little bit later on Belmont Journal, we're
 If the money is approved, then they will be putting pilings into the ground in April next year.
 more. Yep, great.
 Questions will be taken from the audience.
 the next couple of days. We'll
 Did you know that there are 351 town clerks that work all across this Commonwealth? I bring that up because earlier this month, the Massachusetts Town Clerks Association awarded Belmont's own Ellen O'Brien Cushman as the Massachusetts Town Clerk of the Year.
 it's nice to do little things for them and make it a little bit easier.
 Play baseball trivia and enjoy singing baseball songs with Howie Newman at the Beach Street Center on Tuesday at 115.
 So the ideal range for the chlorine level is between one and three parts per million.
 And it'll continue to need to be used by public works, even after they determine what the use is.
 So now what's going to go forward is that the superintendent, John Fallon, will be bringing this to the Board of Selectmen.
 We also have lifeguards that check the chemical levels several times a day. And we have spot inspections from the health department.
 It's very scientific, it's very technical.
 And if you're looking to purchase any overflow bags for the collection program, you can get those at Hollingsworth 5 and 10 located on Trapella Road, the Hillside Garden True Value on Blanchard Road, and also at the DPW office on Moore Street.
 And I found this one company, Black Earth, that gives like 50% discounts for groups of over 300.
 Join U.S. Senator Ed Markey and the leading climate change experts for a summit on one of the greatest crises of our time.
 We conclude this week's show with BMC's program scheduled, accompanied by some smooth jazz. For all of our contributors and the entire crew here at Belmont Journal,
 Look out! That slithering death is right on you! He'll crush your bones into jelly! Look out, boy! Look out! Quick, now, quick! The helmet and boots! They're too heavy! Get on!
 You got him again.
 Like a fish-eye view of things.
 Ben point gun invented by a Scandinavian of that name come on
 I'm gonna freak you.
 Silent, vast, mystic, unreal.
 must be cruel only to be kind.
 Instinct of course
 These things are strange creatures.
 How would you like to run a handbook on this event? The fish knows that his only chance is to leap and turn in the air and try to follow the line so that he can double back on it and snap it off.
 A crew of a fishing smack brings news of giant octopus nearby.
 Something that looks interesting.
 Well, there can be only one end to this fight.
 can look so much farther afield.
 signal a commercial whaler way off to Lewin as there's no hope of salvaging the valuable oils and fats of the huge windfall.
 news
 There he goes again. Impossible, you say? Well, there it is, the Countess.
 It wasn't always a camera so handy to record the battle.
 in the air.
 After ages of poking into other people's business, this fellow's nose has lengthened out until in big fish it attains a length of five or six feet.
 Now! ZAM! This new irrigation sends the giant off on a new task.
 certainly had a lot of nerve tackling the big strong butter.
 Well this diver's rig isn't the easiest thing in the world to handle.
 Each time the human adversary must be on his toes, ready to reel in, to slack off, to play this brute as you would a mountain trout.
 The cameraman ever on the watch sees a great hammerhead shark circling about too close behind the diver for safety.
 Yes, sir, this is a real battle.
 pumping them full of air.
 The race is not always to the swift, nor is the battle always to the strong.
 Everybody happy and raring to go.
 There he goes.
 And there goes one now. Straight for the whale's vulnerable belly he goes.
 When touched, they close up into a compact ball.
 Many of them will die.
 That doesn't stop a shark unless by chance one happens to sever the spinal column.
 The captain is bringing the floundering demon closer and closer to the boat.
 His only defense is his mighty tail.
 deserves to be sworn at.
 the real singing its protest.
 with a rotten reel. That ought to be some sport.
 The swordfish rolled with a punch.
 Same old story.
 But they're going to do it.
 You know what?
 just one desperate leap after another.
 600 pounds against 240,000.
 A black-hearted scoundrel, of course, but you've got to hand it to him for the fighting spirit. Yes, sir.
 get him up and destroy the menace so everybody takes a hand.
 What a mess you made of it, you.
 Remember David and Goliath.
 Two days out from Acapulco, dragged offshore by a good tug,
 Anybody who hasn't a firm grip on his emotions had better not look anymore for something's going to happen around here, and I don't mean maybe.
 Like the giant ray, it lives by scooping in its prey and sucking it to pieces.
 His greatest enemy is the swordfish, a monster mackerel.
 Remember this whale weighs not less than 120 tons.
 One clean blow with that two-ton sledge and even this terrific scabber would be put out of commission.
 The barb and heavy line don't do the trick fast enough. The captain puts a few slugs of lead into it.
 Looks to me as if he just about shot his bolt now.
 Let's call this fellow names, too.
 600 pounds or so of the fight in his maddest fish that ever snapped a hook. He's out there on the end of that slapping line with the big fish.
 Sir, when you talk about thrills, this game of fighting the monster swordfish with a rod and line certainly takes the penance.
 Well, they spar for a moment at long range.
 devils dying.
 Look underneath the boat and see the propeller in action.
 What a chance he takes! Good man, make him see! Oh, strange indeed are the wonders of the... Eight great, immensely powerful arms, each with its two rows of deftly suckers.
 You're going clean out of your class, old chap.
 The sailor's fish captain gets ready his harpoon gun.
 Only Beyond Words.
 Get up, get up quick now. Up he goes again. Don't let him trick you, mister, don't let him.
 Now, give it to him! And all the while they're towing in the gigantic captive, the harpy is still battening on his enthral.
 A swordfish will charge a ship and drive its snout into the planking until it breaks short off.
 120 feet long.
 But what a mighty surge that was to carry a quarter of a ton of fish clear out of the water. Would I say the shore fish was game? Now it's settled down into a battle of wits.
 There's some
 I can't afford to miss a chance to photograph one of these elephant spiders of the ocean floor.
 which at the touch of the diver's foot become animate and scuttle away.
 No snozzer, no schnozz, no darn fish that ever swum can get the best of me. Whoopee! And that is that.
 The boys decide to put the gallant old monster out of his misery, for this attack might go on for days.
 Even when our boys have captured the whale, the villain still pursued her.
 Hmm, interesting. I should say it is. Big deal.
 Preservation.
 times this happens no one will ever know. There is a
 Let him sink now.
 enough to drive straight through the side of a small boat. What a slob!
 Well, it's all right, diver.
 murdering on that leap surpasses them all and to
 He comes and out he goes. Look out for sharks, boy. Poor old whale. Why?
 The study period is rudely interrupted.
 I'm going out and get you.
 dangerously wounded.
 The only thing that couldn't be replaced was the diver's rig.
 old boys who can remember the thrill that came when first you felt a tug at the cork on your line in the old mill pond when a six ounce perch grabbed your worm. Let me you
 We've seen little ones on the rocks at low tide, long tentacles like the petals of a lovely flower.
 family takes many queer forms.
 He's got to end some time.
 This is risky work.
 Majesty all its own.
 You old cephalopod! That's you! Octopus! Bunktodus! Accent on the punk!
 Bring him up, bring him up, bring him up! Reel in, reel in! If he doubles on that line, you'll lose him! Rests of iron are certainly needed for this work.
 to show you a most unusual camera shot.
 What a battle! Threw him clean out of the ocean. Friends, no one has ever been lucky enough to photograph any such fight as this before.
 Get out of there! Oh, thank goodness!
 Come on, man. Come on, get in.
 What's this eerie shape? There it is. Look out, octopus! The crawling, irresistible, slimy, death-dealing monster of the sea floor. In the ocean.
 under a seat.
 The ocean floor is a dream world.
 The airline out boys. Bump it.
 What a fight! The swordfish has all the advantage of quicker turning, sharper weapons, the way
 Now this is going to be something else again, Morris.
 Animals, originally land animals.
 How does he know it? Well, how does he know how to swim in the first place? Instinct!
 The spirit of adventure is unquenched.
 Tell her to come a-running before the prize collapses and sinks.
 Strange fish peer out of unexpected corners.
 I'm French and he's Norweigan.
 newspaper man would call a whale of a story.
 I can't lie, but he's a good man.
 Spoil all the fun.
 Moving isn't hard, but progress is retarded, like a slow motion picture because of the water resistance.
 from hell, that's what you are.
 It goes after whales like a terrier after a bull.
 over with.
 behind the diver. There's no phone in his helmet. His pal to warn him.
 Boy stick to him lips taken over now he's away. Oh great you're
 The driver is going to try and locate the octopus and pose him for the camera.
 all well enough to hook him and play him in close but what kind of man is this who thinks he can gap this demon don't lose him fella don't lose him dig in your toes boy get your
 This Christmas present is worth at least $3,000 to the wailer.
 Just imagine what it must do to a fish, even one with so tough a hide as the whale.
 They're warm-blooded, breathing air by lungs, having babies, not eggs, and nursing them with milk.
 The primal instinct of all created things.
 been a lot worse at that. But the
 Once the breathing ceases, the huge body can no longer stay afloat.
 forests of gently undulating seaweed, gorgeous
 Cowboy now look out for his heels. Yeah, no
 This shark business is getting on their nerves.
 This is a real whale.
 He's a desperate thing.
 Look at those great gaping wounds made by that demon of a swordfish. Fish!
 What a schnaz! This swordfish is without doubt the gamest fish that swims the ocean.
 In this submerged world, queer, unreal lights play across the ocean floor.
 got him out of the way.
 You would think that this little trifling lion is expected to control such a stupendous battering ram as the swordfish has proved himself to be.
 What a tragedy of the sea.
 watch how quickly the fish that our boys throw down is enclosed in that living sepulcher.
 The boys say... we'll give you a break, Mr. Schnozzle.
 This is terrible! Leviathan in range!
 He's probably decorating the parlor of some mermaid by now.
 configure this drill.
 inhabited by strange, weird creatures like this great sea anemone, so named because it looks like the wind flower.
 The summer head is about the strangest and one of the most dangerous.
 He's bound to tire himself out at that rate.
 It's a bit of a snerve to go in under those terrifically slapping tails and put a harpoon into the poor old beaten monster.
 That was a close call.
 What a leap! Oh, another mad leap! Take up the slack! Take the slack!
 that haunts one.
 Oh, well.
 Hey, watch.
 Back goes the old staff. Cease fire!
 And I think that's a good point.
 always
 It's crossing that threshold that we're talking about.
 props.
 two different departments there.
 is the probable cause issue, which in keeping with the detective's determination, about two hours after that, the fire was set.
 start with that issue. Do you believe you properly preserved it? Yes, it was fully briefed and a suppression hearing was held and that was going on. It was
 He shares that apartment with his partner, Philip Robinson.
 And the jury obviously accepted that.
 of guilt, changing the clothes, walking past her thinning
 And again, I request this court to look at the evidence in the light most favorable to the prosecution and not employ a reasonable hypothesis of innocence, which the defendant is seeking for this court to do.
 I think the whole world of the defendant's knowledge at that point is based on Mr. Ceniceros fingering the defendant off the video, right? Well, the detective, when he appeared on the scene, he was able to view the video.
 So there's no information which Fossey discussed about knowing a specific weapon or a homicide or a violent beating taking place, which are the nature of the cases discussed when they mean violent in nature.
 There's a jury note saying that we're split. That's not the evidence I'm asking for.
 I'd like to address the first issue that the defendant raised in his brief, which is the sufficiency of the evidence.
 The floor will be taken as last up for advisement and the court will stand adjourned.
 I agree the president should be
 And I think that's a good point.
 lower standard that a police officer has to have in this case.
 weren't even contacted until the fire marshal got in there and said that it's an arson and there's been an incendiary source.
 And the light most favorable to the state seems to me to be that you've got Cisneros saying the person in that video is the defendant.
 And again.
 from its verdict obviously founds consistent with that.
 We have the testimony from Craig Martin.
 not what the Constitution allows for or protects against.
 Even if the school agrees that there was probable cause for the detective.
 We have a series of videos in this case.
 I would welcome direction from the court if there is any particular issue or nuance of Mr. Gatch's appeal that you'd like me to focus on first. Otherwise, my plan is to initially rest on our briefs on our first issue, that the evidence was insufficient to sustain the conviction.
 Okay.
 I don't think that.
 He's the one who identifies the, says, I looked at the video, I recognize the defendant, right?
 wasn't worried enough to actually check for the fire, which is reason and rationale for going in.
 He goes down to the lobby and he spends a significant amount of time with the two maintenance workers who are trying to remedy this situation and watches them as they're viewing the videos of this case. All of this evidence, 20 minutes after he sets the fire, actually shows his consciousness of guilt.
 I understand. I understand.
 You're saying that that rises the level of speculation.
 to
 All right.
 So the jury could see if the defendant matched the size and the shape and the frame of the arsonist in this case from the videos.
 I think what happened in this case is the arson investigator got there after an investigation was done by the fire department.
 And it's one of those things, again, this is a process of elimination, okay?
 If it's so overwhelming, there's an indication they wouldn't need to ask about something.
 There's no doubt Mr. Gatch is in that stairwell approximately 20 minutes after the file.
 I
 on the third floor, had access to the stairway, and was identified on the surveillance video by a caretaker in the building who was familiar with the defendant.
 That is true, Your Honor.
 The error was not giving this precise instruction.
 I suppose what I'm having difficulty with is you can't see anybody's face on the video. It could have come from one of two apartments, so they say.
 exception circumstances exception
 got Mr. Barker, the owner, who wasn't there. Correct.
 forensic evidence.
 The states own authorities that they quoted or stated in their briefs, so talking about Bauer and James, talk about much more specifics. In both of those cases, a specific defendant fought or argued with the victim of the arson only 20-30 minutes before the arson was set.
 There's a lot of missing leaps of logic to get that as necessary to go in without a warrant is what we're asking this court to find today.
 And the defendant lived in that apartment by himself.
 So the fact that we're talking so much about whether it was sufficient or not feeds into the idea that it is close to the balance, even if you ultimately reject our first issue there.
 I think he has to hear.
 So the only person.
 And the maintenance worker said yes. He couldn't identify the defendant from that still shot from the video, but the defendant was the same shape, size, and height as the arsonist in this case.
 so the
 My name is Chris.
 The defendants in this case established the defendants' guilt for aggravated arson beyond a reasonable doubt.
 Yes.
 and they were
 I wanted to say here is that I want to thank you for your time.
 At trial, Mr. Stenisaros, the building manager, expressly said, I do not know who is in, though, People's Exhibit 8 and People's Exhibit 9, which are stills from the first and third video clips of the unknown person entering there.
 But given the authority that deals with circumstantial cases, there was no threat for Mr. Gatch.
 And that is a leap too far based on the information that he has.
 I saw Mr. Thomas Gash in his face right there.
 And I think that's a good point.
 This is a very specific limited exception which did not exist under the facts of this case.
 How do you assert that the video demonstrates the race of the suspect? The video is terrible quality and maybe for a millisecond you might see a shadow of a face.
 That's the
 Still, we could come to the conclusion the case was a closely balanced case. Correct.
 think that we could actually establish that.
 It's a reasonable impression on the record.
 It's the defendant who is doing all of those actions that establishes consciousness of guilt in this case.
 You've got...
 Court, call the next witness please.
 The jury B is occupied and released by the defendant himself.
 So then we have to look at, obviously, defendant didn't preserve the issue.
 else.
 the building manager saying that that's Mr. Gatch.
 There is absolutely no evidence that there was anyone else in the apartment with the defendant.
 that the parties were present for, that they decided what to send back or not, is
 And so choosing not to search for it, I'm just saying, is demonstrating that maybe it wasn't as pressing of a concern as possible.
 And again, staying with that issue. Yes.
 The level of favorability to the prosecution is all reasonable inferences, but it's not taking all the evidence the way the state wants you to take it.
 the
 I don't know whether the suspect was reasonably believed to be armed.
 I suppose as to Philip, the jurors are inquiring, well, why isn't there any evidence that somebody else did this crime? Well, and let me just say, he didn't admonish them during voir dire about the fact that the defendant doesn't have to present any evidence. But there were jury instructions in this case provided to the jury, which would have informed the jury that the defendant didn't have to present any evidence. First of all, if it is a 431B violation,
 And approximately 20 minutes later, we know the defendant was in his apartment. 20 minutes later after setting the fire, because he changes clothes and
 the detective is looking at the exact same video.
 somebody from 3A.
 We established the defense skill.
 So, because it's a problem, it's part of a cost. It's not proof beyond a reasonable doubt.
 Here though, the circuit court in its findings seemed to focus exclusively on a single sentence about that he was upset or sadder than day before, which the detective learned from the two building managers. Some indeterminate time, talking about the loss of a lady friend and their words, who had taken her own life.
 ask about the clothes, the dark clothes, they wanted to know what was going on with that.
 conscience of guilt. That's the first thing I've heard about that. Also,
 For this video, the unknown person goes in the direction of 3B and 3A.
 There was no clear identification.
 I just kind of jumped into God.
 So we submit that the evidence is established.
 Yes.
 The idea of just being upset the day before also doesn't seem to suggest that, yes, this person is going to be setting another fire two hours after the first one.
 I mean, I
 Officer Granada, who also didn't get to the scene until after everything happened.
 It's a process of elimination where we're narrowing the focus onto the defendant.
 from the Office of the State Appellate Defender representing the appellate, Mr. Thomas Gatch.
 Videos in this case obviously narrow the focus.
 Not the video that's setting on fire.
 I want to say a few things about the evidentiary facts, but there are multiple review standards here for the insufficient evidence versus the closely balanced.
 He hasn't established that there was a reasonable alternative theory out there.
 The detective testified, those two people identified the defendant from the video, okay?
 goes to the factors that I listed first in the Illinois Supreme Court in Foskey, the one
 We're talking about, as Mr. Saniceros admitted, he doesn't know who the person in the dark clothing is.
 that's enough to find insufficiency. The evidence certainly makes it closely balanced when they put a large focus on that.
 the state make up a narrative? They did, absolutely, I understand that.
 In terms of starting the fire, you don't see a face at all, right? Correct. Correct. So the only time you see, even remotely, you see a face in the video is between the two of them. From my view of it, it's consistent with someone who's Caucasian.
 The truth is,
 And so what the prosecution argued at the trial there was that there was an interesting circumstance.
 There was a strong reason to believe that the suspect was still on the premises because the two maintenance workers informed the detective that he was still there.
 I'm not sure that's a reasonable inference. But the fact of the matter is, that makes all the more difficult in dealing with the fact that this trial judge never told these jurors that this defendant wasn't required to present any evidence. Correct?
 pointing towards the defendant.
 And so, I think that's a good point.
 So I'm going to set up, flip side around.
 Mr. Martin who was asleep with Philip. Yes.
 did not meet the requirements that have been set by this court.
 Yeah.
 There's no evidence that anyone else ever came or left that apartment that night.
 If there's no additional questions from your honors, I will resume my time. Thank you.
 that. But there's kind of a jump to judgment there. The bill is
 And that is what the circuit court expressly said when finding those evident circumstances.
 So, video evidence, the video evidence.
 And I think that's a very important point.
 you
 Okay, that's, that I'm gonna want you to
 You've got to be kidding me.
 We also have the testimony from the maintenance worker. He watched the video from camera 8 and he was able to determine that the person walked towards the defendant's apartment upon returning from setting the fire.
 the extent of what we know.
 I don't think there's any evidence that the defendant was armed in this case.
 a reversal and a remand for a new trial.
 But at this juncture, he has a burden here.
 They found that there was probable cause in that case in the absence of any eyewitness testimony saying that's the defendant.
 Now on appeal he asserts for the first time that it could have been there was someone perhaps in his apartment at the time that the fire broke out.
 Those are the later video clips 9 through 11, I believe, your honor.
 This is a process of elimination case.
 That was some unknown time in the future.
 asked about the testimony of Mr. Sani Serra to get a transcript of that was sent back.
 Well, did he have to have a continuing concern when he went into the room and or the apartment and found the defendant asleep on the couch? He had to have a concern to go through the door without permission from Mr. Gatch.
 Those are issues that the jury have to resolve in this case.
 if you look at the evidence in the White House paper.
 And we would ask you to find that the conviction was insufficient to be sustained. But ultimately, he does require a new trial for multiple errors that took place. Thank you, Your Honor.
 One person in the dark clothes went off screen on the clips 1 and 3, basically somewhere between 3B and 3A. That is multiple people there.
 Two points, please.
 And it clearly looks like a lot of people are going to be
 It was not necessarily mentioned in the motion when we were trial, but under Enoch it was a constitutional issue.
 Martin testified that he, neither he nor Philip Robertson left the apartment at any point.
 he walks down to the same exact stairwell where he just set the fire and the firemen are still there.
 is a guy, the defendant, wearing a light-colored jacket and a baseball cap walked down the stairs and walked past the firehouse.
 If we're going to the motion, there is testimony from the detective who spoke to him and from the detective testified that the two maintenance workers both told him that's the defendant.
 I'm an assistant state's attorney and I represent the people of the state of Illinois in this case.
 Anything?
 the
 It's a demonstration that the evidence itself wasn't as clear cut.
 And we submit that the evidence was not closely balanced in this case because the defense
 Again, it's probable cause, it's not proof beyond a reasonable doubt.
 The prosecutor took pains in closing on him to argue the person who set the fire was white. That's not clear.
 believe that it was the defendant in the video to begin with.
 And the jury got to be able to view that.
 I don't know what time the fire department did their investigation and contacted the police department. That's not in the record.
 was the jury's
 The only balance can't mean that it has to be evidence from both sides.
 The idea is that apartment 3B and 3A, not knowing who all the residents of 3B might be, were arguing was insufficient for the probable cause finding.
 Martin is the occupant of apartment 3A.
 And the alternative, our third issue, that the trial court's error of not giving the proper foreinstructions to the jury during voir dire under Rule 431B mandates that he get a new trial. But I want to focus on the second issue we raised. Mr. Gaffney.
 And there's evidence that his partner is African American and defendant in this case and the video would submit that it was not someone who is African American.
 This is a process of elimination because we don't have just one good example.
 No, I don't think so.
 the maintenance worker.
 He was there.
 And in conclusion, we ask that this court find that the evidence in this case establishes the defendant's guilt beyond a reasonable doubt, that the trial court's decisions in this case regarding the motion to suppress was proper,
 So that being some concern, I have to go in there without a warrant, even though getting a warrant in the city of Chicago, there's a 24-hour felony route to get that process started.
 I know it wasn't Philip, my partner. But I didn't wake up until this fire was already set, the fire number was already there.
 You've got, it's the middle of the night, there is clearly a fire that occurred in the stairwell. Everyone agrees to that. Set by an unknown person, okay, and a neighbor identifies this defendant as being the likely person who started the fire. After watching the video.
 And as far as the amount of time that transpired between the fire and the time that they actually entered the defendant's apartment, the fire occurred at 1.50 approximately.
 There's no evidence.
 In for a minute.
 The jury had that before that.
 the court.
 Given that there's only 12 people who truly know how they're going back and forth, the reason I brought up the jury instruction is because it's the only little insight we have.
 The detective said is that they told him they saw Mr. Gashin knew him.
 The video itself shows that the individual there kind of put a small plastic bag down that you could get in any drug store and a fire started.
 The jury itself was talking about evidence that wasn't presented.
 Here we know that the person that they identified lived in the building.
 You've got
 The only thing you have to say is could a reasonable jury based upon this evidence have made a determination that the state failed to meet its burden of proof even if we accept all the evidence in its light most favorable to the state?
 I would actually occur, all right, which was the existence.
 Alright.
 We consider the note from the jury in our determination as to whether we believe this case was a closely balanced case. Yes, Your Honor. It's something that took place.
 You've got one person who is, I think, unaccountable, and that's Philip.
 Under Foskey and other cases discussed by that, none of those situations rise to the edge of the circumstance.
 your position then that on your third issue, following up to Justice Hoffman's question, the evidence doesn't necessarily have to be closely balanced in the sense that there's evidence on one side and contradictory evidence on the other side, as opposed to just being very weak.
 And there were two apartments accessible by that person in unknown, dark clothes that came off there.
 The arson was set in a very specific area that the defendant was known of access to, in which case his own townhouse, but not away from him but towards the two other residents, or an apartment of the victim that he had a key to but had gotten to the building without permission.
 V as in Victor, E-R-S. Thank you.
 The videos in this case, they clearly show that the arsonist came from the area of apartment 3A and 3B.
 a third decision.
 it under the lens of forfeiture, and the defendant has the burden of showing that the evidence was closely balanced under the first prong.
 But there's still a lot of people who are going to be in the same situation.
 Exactly, but it's one again.
 The person left is Mr. Senaceros.
 And the court elevated that unknown emotional setting of the individual, of Mr. Gatch, at best, to the must go into the apartment right now because the detective testified. Basically, he's going to start another fire to either harm himself or try to set this whole building on fire.
 The question I have for you is, you suggest that this is a closely balanced case. Why?
 At the suppression hearing, the detective testified, I was told by the building workers, while we were watching the video clips, not the first one, not the second one, just the videos in general, that is Mr. Gatch, which is not disputed that he is in the later videos coming down there.
 I understand that's what the law is, but we're submitting that the evidence in this case wasn't closely balanced.
 Here's the option.
 there was a likelihood that the suspect would have escaped if not swiftly apprehended.
 There's no evidence that Philip did not commit this arson, other than your interpretation that the person in the video is not an African American.
 That's the linchpin of like, oh, we win? But that's one of those, it's all a matter of steps that are taken and all the reasonable inferences that can be made from the evidence in this case.
 in the time remaining to just briefly address the first issue. Of course, Your Honor. I mean, this case is a little bit like a game of Clue, and it's all circumstantial. Yes.
 first time.
 The issue is whether the police have the ability and right to go through the door of Mr. Gadget's apartment in 3B with no warrant.
 allegedly improper jury admonitions.
 Good morning.
 There's no one else coming from that area.
 I don't think we know that the defendant, from the evidence of the case, that the defendant changed his clothes.
 So the arson investigator who was on the scene after it all happened.
 There's no unjustifiable delay on the part of the detective in this case where he could have secured a search warrant.
 And as far as the exigent circumstances, there's a multitude of factors that our viewing court will look at to determine whether or not there is exigent circumstances in this case.
 Well, if the only concern that's been expressed in that the court found that a fire was going to be started, seeing Mr. Gaff sleeping there doesn't belay that concern.
 said he did not see anybody else come and go from that area.
 Mr. Gash has no responsibility to introduce any evidence goes to their mindset on the very error that took place there.
 May I please the court, counsel?
 So if I have to say, you can't see the individual's face,
 He was scared or feared for the worship even more when he docked at 4 o'clock in the morning and no one answered, which is not an uncommon experience.
 Then he walks out of the hallway.
 I would submit that it was recently committed. While a grave offense is involved, particularly one of violence, arson, I don't know if it's under the definition of a violent offense in the statute, but I would consider it to be a violent offense with the potential for a huge loss of life in this case.
 So now we've got a jury sitting there that hasn't been told, this defendant doesn't have to present the evidence.
 Where did the evidence establish that?
 And we have a rather stringent standard of view. We have to review this in the light most favorable to prosecution.
 time.
 So firefighters responded, we're making a lot of noise not far from this apartment. And that's not an uncommon response to what is going on there.
 Here's a little bit of a story about the stuff that we do.
 The jury themselves are telling us that.
 That's what I would think the focus would be.
 I think it's important to say that there is a closely balanced case.
 defendant is looking at the video that you can't identify anybody in that video.
 So the idea that we don't have a clear identification, we have no forensic evidence, the only way
 This is not a matter of five or six minutes and the police are there.
 that they don't have, that shows that it is potentially closely balanced in the jurors' mind.
 doesn't rise to the level of action circumstances from the cases discussed in Frosky.
 as a burden now.
 And I think that's a good point.
 One does not necessarily preclude the other.
 You're not making the argument that any time we look at the evidence of the like most favorable to the prosecution,
 Correct okay
 I mean, that's it. If it's not a closely balanced case, this case goes back for a new trial. You know that and I know that.
 Okay.
 That's what we're focusing on here.
 something that is appropriate for this court to hear on appeal as you are sort of reviewing a full transcript of this and can make that determination.
 How would he know whether she left the apartment or not? Correct. If he was asleep, when he woke up, his partner was right there.
 The burden is established if from the record, even viewing the evidence in a light most favorable to the state, a reasonable jury could have come to the conclusion that you failed to meet your burden of proof on the issue of identification.
 The judge would have signed a search warrant on this? Do I think the judge absolutely-
 Everyone in that apartment building had the same means to start a small fire, assuming that they had a lighter, matches, or any other common household item.
 It's not worth suggesting we can read jury notes to determine whether it's closely balanced. Well, I'm saying that it's certainly something that the jury is communicating.
 It's close to balanced. The jury is really agonizing, for lack of a better term, to what the decisions are going to make for that.
 That connection is not as specific as the cases cited by the state that I've been discussing here.
 And I think that's a very important point.
 there was any inexcusable unjustifiable delay on the part of the police officers, they had to wait until the fire department conducted their investigation.
 And your honor, obviously understands that what we have to do at this juncture is view the evidence in the light most favorable to the prosecution.
 and the
 And I think that's a good point.
 Well, are you taking-
 and there were no circumstances that would have authorized a warrantless entry into his house.
 How do you get to the other side of the room?
 That's it.
 community caretaker exception.
 evidence of that.
 handling the cases decided by the state, and we even talk about the Brown layer, is that there's a lot more for the circumstantial evidence. Because you can create a story, because you can create a narrative and want the jury to adopt it, doesn't necessarily mean that that's sufficient circumstantial evidence that this is something the court should allow it to stand.
 Why do you contend that that was not sufficient for the police to enter the apartment of that individual?
 No, it's not 3A, and the jury accepted that.
 Thank you.
 He forgot to check for fire when he went inside.
 You have to remember, they just saw the defendant coming down 20 minutes later.
 So yes, it's weak, it's not clear.
 So where do you go from there? I guess part of it is the identification aspect.
 The only thing you've got is, what's his name, Cisneros? Yeah, the maintenance worker.
 It was hard for us to meet that burden.
 Right, right.
 And that's exactly what the maintenance worker did in this case.
 And in order to find that the evidence was close to balance, I think you have to engage with some type of speculation. And that's not viewing the evidence in the light most favorable to the prosecution.
 So it's a totality of the circumstances that the officer has.
 The third issue, the 431B violation,
 He wasn't armed, but he possibly had the capability to set another fire. That's what's more specific to this case.
 But closely balanced doesn't mean there has to be two equal competing narratives.
 And given that the admonition that was not provided, the defendant has no obligation to present any evidence at all.
 The only other person who testified who wasn't a police officer or a fire marshal has a motive and even contradicts themselves.
 So the probable cause issue, some of the best evidence of that is the idea that a person of reasonable caution would have committed that offense.
 They saw his testimony and they could determine from his testimony whether or not he could have been the offender.
 Right, right.
 And it's not enough to overcome the powerful protection of the Fourth Amendment for someone's own home to going in without a warrant.
 But at this point, he has the burden of establishing something.
 Sebi and in People v. Thomas.
 necessarily means the case is not closely balanced.
 And then he also spoke with the two maintenance workers who he relied upon their statements to him that that's the defendant.
 discussed and this is
 Your opponent would say that makes no sense because he testified he was asleep so I'm
 The first video shows someone leaving either from apartment 3A or 3B.
 speculation.
 Correct
 Yes. Yes.
 There's not cans of gasoline being thrown around, not an incendiary device.
 That's really the issue for classroom.
 the nature of criminal prosecutions that our Constitution allows, the defendant doesn't have to present evidence.
 I understand that this is a narrowing here.
 And the detective entered the defendant's apartment.
 I don't think the evidence establishes that Philip is out of the woods, other than your interpretation that the person in the video is not an African American.
 We don't have a description of Craig Martin and what his make and size and everything like that was from the record.
 It's not the measure for closely balanced.
 At the motion.
 In the time you have left, let me ask you to address, go back to Justice Hoffman's question about the closely balanced evidence. Sure.
 No, I mean no, and I don't just think that is and I know actually what I think is there's a lot again
 And they were clearly going into arrest. That's a police investigation.
 And I think that's a good point.
 Oh, the giant.
 That's the argument we're making here there.
 a few minutes of when all this really occurred.
 to a variety of factors, not all need to be there, but Mr. Gatch was not armed.
 That's the detective's testimony.
 So their suspicions were, they were, I should say, they were suspicious of the defendant at that point.
 And I think that's a good point.
 And we ask that this court affirm the defendant's conviction in this case. Thank you. Thank you.
 error mattered in how the jury reached their decision.
 keep saying identification, the detective said that.
 saying that's him.
 And I think that's a good point.
 It doesn't apply if you're investigating a crime, which is what they were doing.
 of the same video.
 think he was engaged in speculation. The only
 And what we have to look to is an objective standard for that, for Fourth Amendment purposes, what a reasonable officer would do in that circumstance based upon what someone is telling them.
 The rest of the time, I'm going to be talking about the
 One of the things they look at the most is the grave nature of the crime, the violent nature of the crime.
 If they didn't need other questions or have a bunch of questions, they wouldn't ask for that.
 And you've got Cisneros saying the person in the video is the defendant.
 It was such a leap there.
 Look, you only had, I think you only had five people testify. Correct.
 and the Justice DeLorean has put in the form.
 And given that, that doesn't rise to the reasonable doubt standard that we want to put someone in jail or prison for a period of time.
 a narrowing that's more
 And given that there is no straightforward identification, there is no forensic evidence that exists in some of the other reasonable doubt cases that are discussed by both parties earlier in our briefs, is it
 Yes. Mr. Hoffman, to answer your question, I do believe it is close to balance.
 What is yellow? It's grainy and very, very difficult videos. The face cannot be determined
 I'm sorry, Evers, E-vers.
 It's more a case in which we try to eliminate the possibilities of other people who have access and living in that apartment building to have committed this offense.
 And I think it's one of those things where you have to narrow the focus. And also, in that scenario, you're not appreciating the fact the defendant afterwards went, changed his clothes, went down, walked past the fireman as they're trying to still put out the fire, and goes down.
 Let's just talk about him.
 There is no evidence that either of the people in 3A committed this arson.
 the lobby videos you're talking about. Well, Mr. Gatch is seen leaving from behind the camera of 3A through B, walking down the corridor and then talking to the building workers in the lobby.
 approximately two hours after the fire was set.
 The remedy that's available is dependent upon whether this was a closely balanced case or not.
 Right, and the defendant has established his burden of establishing that.
 And the position then that probable cause existed because someone who didn't see the arson being set went to a detective and said, I think, oh, it was probably that neighbor, Mr. Gatch, because he was upset about his girlfriend, and that's sufficient. Or was there more? I don't, when you say probably, I mean, I don't know. He doesn't cite the exact words of what the two maintenance workers told him.
 We have his testimony.
 The police officer was acting on a clear assurance of probable cause. We submit there was a clear assurance of probable cause.
 no evidence that they didn't act.
 You know, we do have some things recording on video. Yes.
 is cool and warm.
 We're ready when you are.
 The maintenance worker who testified at trial testified. He reviewed the videos.
 And that's one of our most highly protected things under the Constitution for Europe.
 Obviously, we have conceded that the jury admonitions in this case were improper.
 We do know that when the officer, the detective arrived at 335, that he spent that time between, I'm sorry, 339, between 339 and 405, that he spent that time viewing the videos and speaking to the two maintenance workers.
 unless we
 Damn it.
 The video was looked at by the maintenance worker.
 And it's not competing narratives about the specific error involved for that argument that they were not told.
 court correctly ascertained that the community caretaker exception applied? I didn't feel like, let's just say the community caretaking exception is something that I didn't find that was
 And the reason for that is that the fire is not a fire.
 She was
 My name is Clara Wesley Connelly.
 clothing is different for that.
 The other factors that you look at is whether the offense under investigation was recently committed.
 So
 time he's not so disguised.
 If you're suggesting the evidence established that Philip didn't commit the crime because his roommate who said he was sleeping said he never left the apartment.
 Why do you contend that when you view it in that light, the jury couldn't put all these pieces of the puzzle together and say it must have been him?
 the second time that I have really
 That's not what the community caretaker provision is about.
 have reached to that conclusion.
 I don't know if that's evidence of one way or the other. But ultimately, come back, under all three of the issues we've raised here, there is some weighing of the information to the detective or to the jurors there.
 Now you seem to say that he needed to have a continuing concern when he got in the apartment.
 I'm not saying he has to do the trial.
 How does he have sufficient knowledge to bust in the door? Because he, because, and if you're concerned about the fact that there's not an ID of the defendant from those videos, and I would submit that you look at the two cases that I cited to, which is James and Bauer. In neither of those cases, there was an eyewitness identification of a defendant, in fact, that he committed the arson.
 I would be in locations in local businesses around the town, if Holland.
 But they could, if they were interested in doing so, they could use the suck less live more slogan as pretty much an advertisement for any other program they saw.
 said they were planning on doing that.
 Good afternoon.
 It can save the environment for future generations. But ultimately, it comes down to the consumer.
 It's not Mr. Tanis' fault that he didn't use this program since obviously it's hit its maximum capacity of 230 households per year, right?
 We did this by changing the perception. Instead of offering it as a program that is free to everyone, we decided to change it into a prize, a highly coveted prize that could be won in the form of a raffle.
 Let me tell you where Suck Less Live More came from.
 As you can see here, Mr. Tanis' bills are quite high. Especially in the month of January.
 You just got a $125 hold on it for free. You can also get all these cool free gifts.
 We got five people to sign up.
 You could almost even use it as a political statement.
 Oh, this hurts.
 It only costs about $1,500 to $2,000 to go through the certification process for the BPI certification, which is what they need.
 of things and so on, you see all the t-shirts and every, you just look at the back of all the run t-shirts and everything else and they've got 20 different logos on the back. But you know there's a real value to this thing, to be in the back of it.
 So first we had to go onto the BPW website and navigate our way to actually find the program.
 right?
 We loved our driving questions so much.
 Very well.
 We presented our idea to BPW last Wednesday afternoon.
 So our proposal for a raffle will suck less money on advertising. As I mentioned before, about $1,000 is spent advertising this program through various ways.
 So I'd like you to meet Peter. Peter, the BPI certified inspector who was contracted through the Community Action Agency and then through the BPW.
 right?
 So what is the Holland BPW exactly? They provide utilities to the city of Holland including water, electricity, and sewage.
 The objective for this is to see who can foster innovative approaches towards energy efficiency to educate the public and students about energy issues and
 Suck Less Live More as a way to get Han excited about this energy prize and want to win. And also, if you look on the paper this Sunday, front page, you'll also see this picture.
 What was crazy is that people from the community started to respond to our Twitter post.
 So that would raise money for further implementation.
 Then we toured the wastewater treatment plant and we learned how the water flows into the plant, it's purified using primary and secondary treatment, and then it's sent out into Lake Meketawa so it can be reused in the ecosystem.
 We also created a short video that allows people to lose some of the fears of it.
 Also, the t-shirts were, I believe Jason had placed an order with Ambrose, but then it got cancelled.
 you
 How can we make our homes suck less? Two simple words that have so much meaning. Suck less energy, suck less from the environment, suck less from my dad's wallet, and so on.
 Very cool.
 and also to increase the usage of energy efficient products and services.
 And we received a call from Peter, the inspector, the next day, and he was able to perform for us on Wednesday this free audit.
 It will suck less of the BPW employees' time, which I'm sure they would love to hear. If the city of Holland commits to sucking less, they have a chance at winning an energy prize, a $5 million prize, which would be awesome.
 So there's time to get this, the word out.
 help Holland win the $5 million prize that goes to the winner of this competition. How cool would that be if Holland won $5 million? Well, you might be asking, well, what is the Georgetown University Energy Prize? Well, it's a competition between cities all over to see who can be the most energy efficient.
 Our job at the Holland Beach PW was to solve the question of how can we make our homes suck less, focusing on the Lower My Build program and how to get more people to use this service. And we were also given a budget of zero dollars to make this happen.
 We also loved our idea so much that they wanted to use our campaign to
 I love that shirt!
 Thank you.
 And finally, we toured the power plant. And here we learned how the energy of Holland is created and then shipped to your houses. And we also learned about a new power plant that they're making in the near future.
 and just explains kind of what this program is.
 So with the zero budget, how did we get bragged with these? So no, seriously though, as you are developing marketing pieces without much of a budget, what did you do to come up with the marketing materials you've come up with? We were given a $100 gift card for this program, which we used on the globes and stuff at Dollar Tree.
 To prove that this would work, we
 well to just bring awareness to what BPW does for our community as well.
 you anticipate if people are saying I want these t-shirts what do you anticipate how do you anticipate that this is going to take off what do you think you will need to invest in order to get these homes audited? Well it sounds like one of the people seem pretty darn geeked about getting t-shirts and some of these sorts of things I'm wondering I guess a better question would be are you anticipating continuing on marketing with like t-shirts and these sorts of things for the suck less
 Now that's a good view.
 And if the city of Harlem commits to sucking less,
 This raffle consists of the two gloves that come with signs in English and Spanish.
 About $1,000 is spent advertising this program annually through magazine ads and bill stuffers, so it's not Mr.
 You must take long showers. Sarah, I'm gonna get you.
 It is the slogan to our campaign.
 Also, in my experience, I will give you a few tips on where you can save energy in your house.
 That's 5 people interested in winning this prize. 5 times the 52 weeks in a year, that's over the 230 audits that Peter can provide.
 I'm not from home, but I know the whole power plant is something we hear about outside of the city
 I'm working on my job.
 We're given permission from your what? So is there any way to increase the number of audits that could be done if you're successful? We were thinking about asking the BPW in a
 So our driving question that the BPW gave us was how do we make our homes suck less. And coming in last week Monday, we wanted to try out this Lower My Bill program.
 Have you thought about that? On how you could raise money through this thing? Well, the BPW could get sponsors to be put on the back of their t-shirt, and then you would have to pay the BPW to be sponsored on your t-shirt for the campaign. So the suck less theme is, you were mostly trying to tackle the lower my bill, but the suck less is pretty broad.
 And when we found it and the phone number that went with it, we called it. And that connected us to the Community Action Agency, who is partnering with the BPW to perform these audits.
 We decided and we put it on our t-shirt and we posted it on Twitter.
 you got in the front. It's kind of a funny thing, but you know when you go down to, let's say, performance, you know, East Street performance,
 They loved our idea so much that they asked us to present it again the next morning at the Georgetown University Energy Prize Breakfast in Holland State.
 Mr. Tannis would have also saved $10 a month with just the free items the inspector would have given him.
 So, the breakfast that we also presented this to was to get together the local businesses and city leaders to get on board about being more energy efficient and want to help out with this.
 She also said it was probably going to be six to eight weeks before we would even get a call back.
 Quick question for you guys, how many of you here by show of hands have heard of the Lower My Bill program? So most of you, like us, had never heard of it until we were assigned to the BPW.
 So I'm going to show you how to do it.
 How can we get the lower-middle bill to be attracted and cause a buzz in our community?
 We would also like to use these shirts to help kick off the Georgetown Energy Prize.
 The first day we toured the water treatment plant and we learned how the water is sucked in from Lake Michigan, purified, and sent to your homes for you to drink, take a shower, etc.
 there was extra money there that we could use.
 But we figured that some people may feel uncomfortable even having Peter come into their household.
 Okay, so this past weekend we put out the two globes, one in Los Angeles and one in La Providencia, a Hispanic grocery store.
 can save you up to $120 a year.
 So why us? We came up with an idea that's crazy enough that it just might work.
 Come on in.
 If Mr. Tanis was willing to invest, he could have saved hundreds more per year.
 If they suck less, they'll be able to live more. But don't just take our word for it.
 He was just like given up to us by his wife unbeknownst to him.
 So how did your internal heat infection go? It was great. He said... Some cheap and easy changes you can make are changing to CFL and LED light bulbs, caulking your windows, and using the smart power strip to plug all your devices into. Some long-term suggestions could be adding more insulation in your walls and buying Energy Star products.
 We suggested to BPW to contact that they could cycle through the year.
 and wanted us to look at more of the Lower My Bill program that they have and try to get more people to use it.
 Mr. Tannis also could have gotten some.
 Well, the numbers don't lie. In red here are the number of households that have taken advantage of this program each year. While in black are the number of evaluations that are available, but that go unused each year.
 So we were thinking that maybe if people love the service so much, there's a more expensive version of the service that you can actually buy for about $400. So if people buy that enough, then they'll be able to train someone. And then based on how important it is to them, put them on staff.
 And if you're willing to invest, you can save even more, like hundreds of dollars.
 We did an experiment this weekend. Nicole?
 So, I'm going to walk through your house and point this red camera to see where you would be listening out to.
 From all these tours, we learned just how huge the Holland Board of Public Works is in Holland, and how important it is for the community.
 So let me talk a little bit more about the Lower Back Bone Program.
 Suck less, live more. Suck less, live more. Suck less, live more. Suck less, live more. Suck less, live more. Suck less, live more. Suck less, live more. Suck less, live more. Suck less, live more. Suck less, live more.
 So, Mr. Tannis here obviously has not used the Lower My Bill program, as you can see.
 So, after getting feedback from the BPW, they told us a little bit more about the Georgetown University Energy Pipe. And our solution could fit into it and it's a great idea.
 Here is a list of local businesses we
 What other initiatives do you think this will be connected to? And is the BPW on board with that kind of direction of fulfilling this more than just saying we've got an audit program? Well, the driving question was how can we make our homes suck less? And with that, they didn't want us to look at more of a broad thing.
 Mr. Danis could have had the inspection done by a qualified inspector who would come into his home and show him exactly where he's wasting money on water and energy.
 That's really sad because this program could help a lot of people people like Mr.. Tammy's
 So we're back to the ground.
 We loved it so much we wanted to put it on a t-shirt. But we wanted something catchy that everyone wanted to see. Less is more is what we were thinking. Less is more. Suck less, live more. That was it.
 you gonna charge yeah that's pretty expensive real estate
 But some of the questions that the receptionist asked could feel intimidating to some people, such as age, race, marital status, and income.
 Mr. Tanis also could have gotten specific recommendations on how he could fix these things.
 What this is is a breakfast with major businesses and Holland leaders from all over. As you can see, it's Dave Koster, the general manager of BPW, Ryan Cotton, the city manager of Holland, and Kurt Dykstra, the mayor of Holland.
 We ask the question always on the likelihood of implementation. Do you want to ask it? I think they already started. I know.
 Luckily that did not happen.
 Hello everyone, as Jason said, we are Team VPW and we're so happy that you're here.
 So, suck less, live more isn't even our solution.
 Where can I get one? I want one. Where can I buy one? And this leads us to our program.
 well Holland City also would like their local back here because they
 So we started this program, we knew absolutely nothing about the Holland BPW, so we toured all the facilities there.
 So using existing resources to get this rolling.
 So we created a website, and on this website, it has a short bio of
 Would you, just for clarity for folks, what BOD stands for? It's Biodynamic Oxygen Demand. Is that correct? Correct. Thank you.
 Either to a farm or to a distribution.
 Sounds great.
 I haven't thought about it.
 Any further discussion? Move to vote? All in favor say aye. Aye.
 Thank you.
 And if his operation is as is supposed, there would be no problem. It would be just like everybody else.
 The wild card for them is they currently have a water system and a sewer system, which have had some deficiencies in the past and represent some cost to them.
 I have a question for Katie Mormon.
 State planning loan and water storage tank superintendents report
 Okay.
 My peers are 0.07 million out of me.
 We're in.
 just like, you know, scrutinize a contract and consider things like inevitable cost overruns and...
 that was essentially the West Main extension update includes that element and
 they'll probably count and recount and check and double check and come up with an end tally and that'll be the result.
 So philosophically, doing less with more, protecting the waterways, and saving energy are all part of our core operating philosophy.
 I
 So we maintain, you know, cautious optimism that we can negotiate something that's mutually beneficial for phase 1, 2, and 3.
 Thank you.
 Second. All in favor? Aye.
 So if there's a deal cut, I'd really like to know what that deal is and have a chance for public comment before you sign anything.
 Probably part of their permit will involve some sampling, a way to check the actual strength and stuff for wastewater that comes to the facility.
 Distributed to the board.
 essentially once a week for three to four weeks.
 Right now I'm asking that you approve for the planning
 Thank you.
 Hi.
 effective all the while.
 This assumes that we basically do all of the steps of brewing from grain to glass or grain to keg in one day.
 architectural in terms of sort of engineering architecture, our strategy can
 three actually.
 Could we do an addendum to the allocation? You must have everything you just said to us summarized in writing, correct? I do, yeah.
 answer.
 And you would be filling him off of his sewer as an industry.
 So it'd be nice to know if we're solving a problem that can't be solved there or whether it's a real need that we take this on.
 Our attorney Marksbury says that there's no hour set for the end of the day, but the common consensus is that a day ends at midnight.
 OK, do you want these in forms of motions one at a time? Well, the first one I think is pretty simple, because we've been rolling on that for a while, and there really shouldn't be any questions on it.
 Oh yeah, it's true.
 cost to the system for the sewer meter? He's going to have a pretreatment permit probably from the state that's going to require testing and sampling and a contingency plan and a whole bunch of stuff.
 partial forgiveness.
 11 7 p.m.
 We did get the permission to do it to be a multi-million dollar outfitter.
 How on earth can people living in the mobile homes be expected to come up with the incredible fees associated with hooking on water and or sewer? We, the village people, could not afford the increases in our water sewer bills, and many of us live on our own patch of land.
 Thank you.
 It's somewhere around $9.85 or $9.65.
 Item B is foreman water allocation and brewery.
 This is a recount not a revote, yeah
 I mean, at this point, I think you're going to have to talk with your engineer and have a good conversation with the state.
 else we had, although we're out of time, is the review of the to review the budget again.
 So I guess what we need to come to terms with is what's the right number. If we assume that, as I tend to, that everybody's wrong, and that models are bracketing reality somehow, my guess is that what we need is something like in between where we think we'll be and where the state says we will be,
 And the reason you want, the reason you were concerned about that is because we're dumping that waste into a waterway.
 And then it would be measurable because we know what's going in off the water there. Exactly.
 about the future days.
 be a motion to approve the construction engineering contract with Green Mountain Engineering, an amount not to exceed $99,700 for the water storage tank.
 Yeah, I know.
 anybody have a chance to start looking at warrants here? Any volunteers? Whoever gets that's not my problem.
 I'm just curious, what kind of emergency would cause you to dump a tank? Yeah, I mean, if there was a safety issue with a failed hose or failed valve, certainly if there were a vessel of hot liquid that was leaking, we'd want to deal with that quickly before somebody got hurt.
 So it's obviously a range of things.
 All that has high value as nutritious animal feed.
 Sure.
 The questions about the mobile home part is the neat reel. What I saw from the state was that the problem really is that the design was a bed design rather than a trench design for the subject.
 has scheduled the board of civil authority to meet this Thursday evening at six.
 Thank you.
 The warrants? Yes, but we're not there yet.
 We wish you well.
 Let people know.
 For those of you who weren't here, we were in executive session to discuss potential contract with Riverview Commons.
 But see, that's two different things.
 See you in a bit.
 Thank you.
 that frozen sewer, we've made the offer to pump their tanks.
 I have a second. Second.
 So at a previous meeting, we had approved a water allocation.
 So in terms of BOD.
 Well, the state told me that we probably have to reduce substation integrity.
 Do we need to set the annual meeting date today? We're getting pretty close.
 Thank you very much.
 currently. When was the last time we were close to capacity? The Kreamery, way, way back.
 for the Town of Richmond Water and Sewer Commission meeting.
 Thank you.
 So anything you want to add as the operator? Just that this is exactly what we're looking for.
 in the evening and take a lesser quality fermented product and decide to clean the drain with it, that content has a high impact on the wastewater treatment plant.
 a lot of cleaning that happens.
 They're basing it that we're doing this every day.
 Yes.
 I think we tend to rely on Kendall's professional opinion here.
 So where to begin. The wastewater permitting process we're currently in with the state has been a little bit on the dynamic side.
 It's not possible to empty a tank by opening a valve and have the contents go straight to the city drain.
 I'm going to go back to the first one.
 Yeah.
 The next one is the
 I can't, it'll have to be here.
 up with another tally.
 to something they have versus hooking up with us.
 It's stop spending money, find free money somewhere, or get more users on.
 Yeah
 and a sewer part.
 So they say we need 1,100 gallons per day.
 to empty a tank quickly, it has a safe place to go.
 You know, you'd have to look at individual bills to figure out the base versus flow rates. And I'm not prepared to analyze any individual bill.
 I think those are sort of the major, equipment failure and contamination.
 Thank you.
 And one thing I think to analyze is to look at what are the foreseeable future needs. And I think we should hear from people like, you know, what's the future needs of the gateway? What are the people that own that property think they're going to need? What about potential infill projects in the village, whether Pete's wants to develop a space behind and rescue parks, whether they're
 We have a first and a second.
 Actually, it's the other way around. We go from water to wastewater.
 Yeah. Trickling head. I saw it trickling in the water.
 Maybe for 10 years or something.
 I think it would be a fair decision. It would cost a little bit more than it does now.
 I think all businesses that come into Richmond really have to jump through all kinds of hoops.
 It's kind of like when it was an emergency.
 If not necessary, it will be returned.
 We did get that.
 wasn't 100 to zero or zero to 100.
 Do I understand correctly that one of the things you do is create infrastructure to reduce the both volume and density or the quality of the effluent?
 rather not have to pay up front for water and waste water that we're not going to use and generate.
 Well, it strikes me that the catastrophe tank is intended to avoid that.
 You write my name down? So yes.
 center
 in part by introducing at least the philosophy and some of the basic mechanisms in our wastewater reduction plan.
 I am very impressed with the tone of the correspondence back and forth.
 That agreement is $99,700.
 11th or 25th.
 Our first agenda item.
 And at that point, we'd be able to talk in more detail.
 is we passed a resolution that we would not extend the line unless it represented a rate benefit to the existing users.
 I understand.
 Help me out with the second half again, if you would, please.
 I was told by the state could be hundreds of thousands up to maybe 1.2 million to do the phosphorus upgrade.
 And a well run brewery can easily meet a 1500 value for BOD which is comparable to your restaurant.
 what percent capacity we can use and how far we are from that. Maybe just to put that on the record.
 Before you get underway, I'm walking through the.
 run water through that into another kettle and
 So is there something beyond that?
 With the space that we have, realistically, and the market that we have, to be frank about it, we're going to start out brewing one day a week.
 So if we're looking for an 1100 approval, and then we'll revisit this in the future when the dust settles, so to speak. What's that? Yes? I just want to comment that I think it's important. Could you state five months ago who you are?
 Oh
 So it really is just a wild card.
 Well, not so much.
 I believe it's a force of nature.
 Will you have a moment?
 and then there's sort of daily operating procedure.
 If we split that, we end up with about 900, which I think is where we are.
 One for water, one for sewer.
 We've got through everything even though we're kind of rapid on the last couple of items.
 But I have no incentive to lower my usage.
 So first of all, I guess I would challenge that assumption that 1,100 gallons is the right number.
 Those are the main things.
 This is, for those of you who followed this, the full phase one, two, three extension of water sewer.
 Are there a lot more? I'm sorry to interrupt, but are there a lot more?
 Alright.
 And whoever sent that rumor around last week, do not stop running your water.
 unanimously.
 Should we go back here since we have more people? Did you say hi to? I did.
 I did send out an email.
 So not just a hundred percent of maximum engineered capacity we were less we are less than 50% of the allowed capacity
 30 on March 16, 2015.
 I think if we said the second or fourth Monday in May, that would give us enough time.
 much.
 future.
 And in the past, almost all of the cleaning water has hit the sewer drain.
 We're going to be taking in and putting out that same lottery that much and we just don't need
 Beer has a BOD impact of 60,000.
 The next meeting, is that reasonable? Kendall, can I ask you and Jeff to do that? It's not just the pumping cost.
 There has to be a hose involved or a person to actually connect the hose and direct the waste where it's going to go.
 One person out of the blue can request a recount.
 So what I have here in paper is graphic heavy and data light, but I can provide the supporting data behind these graphs.
 for having us here.
 and the details remain to be seen.
 get more flow, more users.
 We'll see if it's a yes or a no.
 Pete, you're here.
 If I can, it will be there.
 there's commercial.
 projections for long-term for wastewater are a little over half of what the state is saying.
 that we worked out with Pete and Heidi Borman and Kendall was we're going to actually locate a 500 gallon, what we're calling a calamity tank on the site.
 There are two parts of it. There's a water.
 A lot of stuff going down the hill.
 I can't imagine finding enough places to waste water to use what I mean, if we use if we use the sort of city formula, like if we know we need 1100 gallons of wastewater and then if there's a multiplier to get to water.
 We should put that out for the folks on the TV audience.
 Any further discussion? All in favor? Aye.
 What if somebody drops the wrong chemical or something in the wrong place and it ends up somehow in the product?
 Sure.
 that have an interest in developing, can we predict how many houses are going to be flipped into duplexes, what's going to happen to the creamery, is it likely to expand down the road, and how much, how much reserve capacity should we be looking at keeping before we commit to some other, like, putting it in the formal home park?
 pay us to use their money.
 It's been an emergency all across the town, and it quickly became apparent with most of the towns that none of the towns took the position of, well, it's yours and it's not ours. It was just a very short period of time before all the towns and the managers and everything were saying, just take care of the problem. It's irrelevant whether it's private or public.
 If it is necessary, they'll have to pay for it.
 That's my feeling.
 And my concern is that long term, we may be reducing our chances to have a really vibrant village if we take on the park.
 We are negotiating the cost of hooking up the town, but we're in a position of not knowing what their costs are in terms of operating their own system.
 So those are the next steps.
 Yeah, absolutely.
 Are there issues with our allocation, Kendall? Are we driven to allocate what the state has said we should allocate? I think essentially that argument will come down to Brett and the state based on the information and whether we support it or we don't.
 I'm inclined to think we're going to end up paying them anyway.
 Yes.
 We understand that there's also concern about concentration of wastewater from the treatment perspective and wanted to address that.
 I know.
 I'll take comments on anything.
 the people in the village can take on what to me feels like a subsidy to support what might be a good cause. But if, could I answer that one, which we addressed I think in our last meeting, which
 have scheduled half an hour to go into executive session to discuss, in fact, Morning's comment about the potential contract with Riverview Commons.
 So a couple of concerns and then just one other response.
 First is the construction engineering, the inspections, and that sort of thing for the water storage tank.
 Man.
 But Kendall, maybe illustrate again where we are with current water sewage capacity.
 Before we get underway, tonight's agenda, we have an executive session to talk about the, yes, before
 I'm sorry to interrupt, but we had like one minute for public comment.
 He's got it set up. I think you should probably not worry about high strength weights to begin with.
 Thank you.
 Do you want to explain that?
 be doing everything all at once.
 from there into a heat exchanger, into another. So there's a whole series of tanks. So you
 Well, I mean, initially the request for allocation was the state said he needs X gallons more in order to proceed with his permit.
 It's beyond anybody's control.
 to do first hit first.
 Richmond, once again, is lucky, lucky, lucky.
 I have some questions I hope that you will answer.
 It might be less, more, or the same.
 I just want to say I think it would be great for our community to have a business like this.
 Stone Crab Brewery has begun essentially in a sugar house where we move water by the bucket.
 Is that correct?
 We might eventually be able to get up to where we're brewing three days a week, but we're not bottling and doing wash down and cleaning out fermenters and dumping yeast all at the same time that we're brewing.
 one other strategy.
 my bill so high on the stand, not the usage part, but the other part.
 Do we have anything else from you, Kendall?
 I need to be split up because it's two separate planning.
 Thank you, Pete and three months.
 All in favor.
 It's almost done.
 And we remain cautiously optimistic that we'll be able to execute a contract, but we won't know until we get through the details of negotiation.
 Let's see.
 And then just spent it.
 We want to have a sound plan in place for unforeseen events.
 Christmas.
 So.
 So that's my...
 I
 If it did turn out to be a little bit more than I expected, I would have to go back and
 So the cost of those systems compared to the cost of hooking up to the town.
 So it's 15-8.
 Further questions?
 All right, let me return back to the public comments before we get back into the agenda. All right.
 Can you hear me, Ruth? Absolutely.
 Thank you.
 contract for the construction phase engineering for the water storage tank.
 He's way upset with me.
 Anything else from a superintendent's report? Why don't we pass around the warrants for approval? Is there anything else we can do? Just to keep the water running.
 Yeah, it's not a big difference.
 It's only two weeks or so since the bond.
 What time does that start the recount starts at 630 the
 architecturally. One, there are two strategies in our wastewater management plan.
 that number. This is the preliminary. Right. So
 I think we should practice.
 So we've offered as of a certain point that we were going to pump those tanks until the thought.
 Aye.
 I think all the terms of the contract in terms of the length of agreement, whether it's permanent or term to year, how future entries are going to be handled, how bond loads are going to be handled should be answered.
 tested for a year or so.
 Well, so the state has told us that we need 1100 gallons of wastewater capacity.
 accidental discharge. If there's any accidental discharge, it's going to be on the floor before it's in the drain.
 another back in. Yes.
 I will see you now inside.
 Yeah.
 work mentioning here.
 If you could do an addendum to your allocation with the supporting documentation of that report with a clause in there that you would be responsible for any cleanup costs for high BOD.
 Nice to meet you, Della. I've never seen you before.
 fixed and then all of a sudden, and it's not these people's fault.
 And
 And then the second contract we can talk about is the contract for the preliminary engineering report that's required for the USDA loan.
 either zig out the bed system or find a new location on site.
 And for those of you know the bond pass, any news on the bond recount, Jeff? A recount was requested late Friday afternoon.
 The water is the water.
 Thank you, that's an excellent question and that is in fact the subject of negotiations with the mobile home park.
 I'm Judy.
 I learned that under the new regulations of cleaning up the lake, it may be very difficult to do upgrades on a plant.
 Was there any grants that came in on that? There's no grant.
 So we have a date anyway.
 What else?
 Thank you.
 As far as the state says X and we say Y. Unfortunately, these conversations are happening in parallel.
 that 1100 number like can we get a sort of conditional approval or a provisional approval for the 1100 if it's needed? Well how about if we did this a provisional what's our current approval remind me who was
 Item
 going to deplete the oxygen in the streams or the rivers, which is going to basically kill wildlife and pollute the water.
 So that's another... we talked a little bit this morning about actually metering the sewer. Because ours...
 We're already there.
 spoilage happens.
 So if you have it in written format and you want to give it to us, we could do that. I can share that with the rest of the commission as well.
 Again, I can't remember off the top of my head what those numbers were. I apologize.
 approval of warrants.
 I can almost guarantee it.
 to move back.
 Another solid waste-ish flow, spent yeast and actually what otherwise might be considered spilt beer, can also be directed toward farms for either soil supplement or animal feed.
 needed do we need to make a decision here today? I guess my two cents would be to give them an approval for the allocation they need if it turns out they need more.
 Good morning.
 Did you see the as far as the email yes?
 Yep.
 Thank you.
 So I guess here's just kind of a list of some things I'd like to know.
 Saturday was the last day to be able to enter it.
 Thank you
 So.
 April
 I will now entertain a motion to exit executive session.
 I think it should be the same rate down there as it is in the first.
 That is one of our sort of our our headroom capacities to reduce septage intake which is voluntary not required
 pressure.
 full of beer.
 expended.
 So traditionally brewing is very water intensive.
 My question is that we don't have a formula.
 We're running short on time.
 Memorial Day, correct?
 Yeah, so.
 As I mentioned in the email, the current structure does not differentiate between office buildings or restaurants or any of the other facilities.
 So please, very quietly.
 Good evening.
 The next item is state planning loan water storage tank construction engineering GME, 10 minutes.
 Okay.
 Yes, we do.
 So it's not a question of nothing versus something.
 You know, we were talking about the basic ways that we can alleviate rates for the current users.
 Yeah.
 Yeah.
 Hamilton Stone Corral Brewery.
 This is what's going on. Can you help us?
 I will just make a comment and then return to any other public comments that we continue negotiations with the mobile home park in terms of affordability, feasibility.
 So, we're going to go ahead and get started.
 the next agenda and adjourn.
 Further discussion?
 Yeah.
 Water phase is 5,410 and the sewer phase is 10,425.
 Mine's been 33 degrees, 33.4, 33.6 for three weeks.
 Change the.
 So I understand you met with Kendall earlier today to review sort of your design and what would come out of it.
 I think we're fine at about 600 for the brewery.
 That volume of material could then be stored until it can be safely either removed from the site in a truck to a farm or even dosed into the septic system at an acceptable rate over time.
 their philosophical strategies.
 metering and VOD testing that would influence future permits? I don't think so.
 We have talked about this, so maybe if you want to come forward and we can talk about why you're here and what the context of conversation is.
 like to see the board work with them and kind of be easy on them because I
 It's not lost on us, of course, that the mobile home park has a water system and a sewer system.
 From what I've learned recently is that in the state, it may be very difficult to expand this plant where we need more flow.
 Well, we don't know that.
 I'll speak up and say that we should cover them.
 I propose the motion would be move that account allocation up to sewer allocation up to 1100 gallons per day provisionally.
 I don't know.
 to be covered under the loan that was approved recently.
 So we're talking May 11th? May 11th. And we should, just for the record, have that time?
 Other comments from the public? All right.
 know, the executive session is do we get to the point of a contract that we're both willing to sign and
 Again.
 I mean, just being pragmatic about it.
 are developing as we all learn about the project and learn about state regulations.
 What's your name again?
 know if they've already paid these or not.
 But this can include everything from, basically when you're making beer, the very first thing you do is steep grain in water and basically makes a very sticky mess.
 that importance.
 If we got closer to where we're reaching the capacity, perhaps there would be an incentive for using less water.
 Superintendents report the budget and annual meeting, sewer freezing, approval of warrants.
 And I also had to put the construction portion for that loan together, too.
 They had some costs to try to thaw their private sewer lines first.
 The goal for the mobile home park is somewhat different than a goal of supporting responsible development in the gateway.
 Hello?
 Additional charges or fees to start with.
 Has anybody here done a water temperature test lately? I do it every now and then.
 And then we can revisit it.
 I've spent my entire adult working life working in energy efficiency and conservation.
 And if we find that we're going drastically past, measurably past what we're allocated, we'd be open to revisiting it.
 And I just like to lay out some of those questions, because they're saying
 It's the down card in your hand.
 does use an industry standard.
 and sort of transparency, accountability.
 Somebody's done, either them or us.
 second what he said.
 that one-year room if we do 200 more houses.
 Maureen asked a question earlier public comment about how they can afford it the
 can't take care of future needs in the village.
 I have more water than we know what to do with.
 Everybody
 I think we
 And that planning loan we've discussed before is a five-year no-interest loan if it doesn't get lumped into the rural development funding.
 The second thing is what I alluded to earlier, which is we have a pretty efficient process where we have been located because of necessity, frankly.
 Philosophically, we're really into conserving water and reducing waste.
 If we were reaching that capacity, then the local users could really make an effect by putting low flush toilets and have less use.
 you might need more.
 The motion passes.
 How do we want to phrase this, Jeff? Help me out if you would.
 It's unanimous.
 I
 other businesses, West Main Extension, Borman Water Allocation.
 Just a little bit.
 capacity on the wastewater treatment plant to the tune of tens or even hundreds of times the strength of regular household waste.
 because most of our water consumption is going to be leaving on, almost half our water will be leaving on trucks.
 Move.
 pretty close.
 So we've just accomplished what might be the West Main extension update.
 I thought we dodged that one.
 I think we're going to have to kick that forward.
 That's happy.
 I'm sorry.
 I'm probably going to suffer for saying that.
 the public. Yes, please.
 And also I have concerns because I live adjacent to the park and I'm not a big fan of Peter Brown.
 and shader.
 I'm a city person.
 because that's how larger breweries operate.
 Kendall and I have been brainstorming a little bit on good ways to avoid what might be considered a worst-case scenario.
 If there's no wastewater management, either architecture or planning in place, then there's a lot of sticky, sugary water that can get washed down the drain.
 I know.
 agenda though.
 We will be in executive session with extended staff, including Pete Poshop, Taylor Yates, who is also a representative on the negotiating group, and Jeff N. Kendall.
 We do go over the 80% load on the bus.
 much I appreciate
 They essentially have a septic tank. Once it raises to a certain level of pump, it pumps it into the force main on Cochran Road. It's all frozen.
 I'd like to know what the increased cost of the mobile home park user is going to be.
 So we're considering the recount request a valid request.
 We're going to exact your session.
 Oh, you plan to meter the sewer anyways? Pardon? Are you planning to meter the sewer out? If he has a pretreatment permit in that industry, they probably will require metering. Because I would think, to be fair to him, if we meter his sewer and his water and there's a significant difference, we're getting a better deal with him.
 thought it was a little bit much for not doing, granted they didn't fix the problem, but it was come back, oh yeah it's fixed, come
 Does that make sense? It does.
 That would be a good place to start.
 spent grains, initial wash down of all of the sticky sugary mess that I described earlier,
 the question generally.
 there were mixed opinions in the town.
 Oh yeah, okay.
 If we're unable to do that, we'll revisit our.
 There was a significant amount of cost that, yeah.
 Because of the negative negative interest loans
 Any big leaks? No. Okay.
 In light of those comments, might I ask, end of time, might I ask that we bring that forward as an agenda item at our next meeting to entertain that as a topic and potential motion? Do we have the luxury of waiting? I don't know. I don't think we have the luxury of waiting.
 Thank you very much.
 With power comes responsibility.
 Can you tell us who asked for the recount? Christie Witters.
 just because it warmed up a little bit.
 All right.
 I'll move it.
 to calamity.
 It would raise the flow by 150 to 250 users. And how close are we going to be? According to Pete's... I guess I'll say, I can't, I won't be able to quote that off the top of my head, but all those numbers are in the report that is on the website.
 review of the budget and annual meeting and the sewer freezing issues.
 Thank you.
 metabolize the waste into something that's less harmful, less harmful on the environment.
 And I think that's a good thing.
 And you're right, the comments reflect that there are somewhat different goals in mind
 neighbor. Thank you.
 Because without the trench design allowing oxygen in and the spaces where there aren't trenches, sometimes there is a problem.
 And the recount will start at 6.30.
 Okay.
 Yes.
 Yeah, yeah.
 The textual components have to do with the fact that the brewery equipment doesn't have physical connection to a drain.
 This is a question to the board and to you.
 If you're supporting the $1,100,000. Yeah, the issue is not with the allocation.
 For the
 So that's what we're doing.
 There was still a headroom according to the report
 question is this for additional water or for water treatment or sewage? Sewer allocation.
 back to the technical piece, household wastewater has a BOD of 300 mg per liter.
 Okay.
 Those people should pay the same rate.
 Which is one of the things that's driven rates, again, with a modest number of users paying for, with a modest flow paying for the entire system.
 and please keep us.
 in the car. That's still frozen? Yeah.
 After they had their business chance to get up and going and get established and stuff, we can talk about additional surcharges and stuff.
 I don't have that with me, but it seemed like we had one in the room. Yes, correct.
 I don't know if we should be calling it Borman or a brewery, but for now, we'll call it both
 Thank you very much.
 35 total. Yes.
 questions or discussions on this one? So we want to approve this.
 there's nothing else I guess we'll entertain a motion to close the meeting.
 it's at a very high concentration or high demand for BOD.
 Sewerage is going to be a much smaller volume than the typical user with relation to our water consumption.
 Annual meeting set.
 The BCA is reorganizing it, six.
 120 gallons
 continue negotiations with the mobile home park.
 public comment.
 I second some of Gary's concerns, particularly about infill, whether that would make more sense from economic strength of the village.
 water tank. Yeah, we were approved for the loans through the state. That they reduce. Right.
 Yeah, there are leaks everywhere, but we have not had any more lately.
 first.
 sticky, sugary liquid flowing at different temperatures from tank to tank throughout the process.
 She's been looking for this.
 They're basically...
 Something goes horribly wrong and we need to empty a tank quickly.
 Bruce, you're moving to 50 and he 35.
 Second.
 you're reaching out to Kendall and getting her done.
 We're fairly certain it's our force main that's frozen and is causing them the problems.
 To unanimous, we are now in Executive Session.
 Questions about the sewer plant?
 potential contract with Riverview Commons.
 that these people have gotten in charge? Yes.
 So with that caveat, maybe put this in the form of Motion 1100 with the water and sewer meters associated.
 So I'll entertain a motion to go into executive session.
 Yes, sir.
 And the flip side of that is I'd like to know what the current users are going to be paying to allow that lower rate to go to the users down there.
 timely.
 One is that we want to divert all of our high-strength waste off-site to farms.
 Is that something we can do? I don't know.
 folks on the commission maybe back up and
 to the next meeting.
 So I guess what we're looking for is something concrete between the currently approved number and a blank check.
 Are there possibilities of making this work through just phases one and two? Any other comments, questions? All right, let's move on.
 So it was a close vote, clearly.
 And I'd like to see new businesses greeted with a, we'll work with you attitude from the board.
 Okay.
 Are there other public comments? Yes, in the back.
 So any of these costs might be on as a talent recovery.
 Okay.
 Anything
 And I think that was discussed in other meetings also.
 or follow up on that.
 So if there's something that's just unacceptable from a quality control standpoint, that might be a Brewer's calamity.
 When the dust settles.
 We spent it. We just need to.
 How are we doing with sewer freezings?
 The commercial rate structure is different from residential rate structure.
 essentially the amount of oxygen that's required to metabolize for the bacteria in the treatment plant to
 we would like to have addressed is that we don't
 And that's really what's in front of the board.
 If we grow down the road, that's going to get a lot more complicated.
 The fix might be to put in a new trench system either
 and they'll do a hand recount to look at every ballot.
 And so the mobile home park and the gateway were viewed as two different ways of getting more users.
 I want to say I appreciate your good stewardship and coming to us with the issues as you see them.
 have it.
 a number of different acceptable uses for that waste stream.
 wellness.
 There's some reason to say that.
 So the
 This is amendment number 300.
 that much sooner.
 I'm just wondering if that's a concern.
 Thank you.
 discussion.
 it posted on your programs.
 Can we transition into that real quick? Yes.
 So there are some tensions here.
 So moved.
 in terms of one mobile home versus one apartment.
 describe the effluent of brewery and what might anticipate comes out of the brewery as opposed to I think we all understand generally what comes out of a residential user center system.
 contesting that.
 The last one, the 80% you're required to claim for an upgrade.
 Good afternoon.
 There's a lot of discussion about the high strength waste and the potential for potentially 10 times or more than a domestic waste.
 It's a Fourth Mondays.
 didn't feel good. All right, our second half. Yeah.
 We have about 11 minutes and about 25 minutes of topic.
 it's not clear that they can afford what they have as opposed to the alternative, which is hooking up to the town.
 It is interesting to me that in my relatively short time on the commission, people have been talking about the significant need to get more users on after the closing of the Creamery 16, 17 years ago. And so to get more users on now to alleviate rates,
 Life gets more complicated.
 So basically we have two contracts from GME.
 So we'll have to work more on the agenda for that.
 And I'm thinking in terms of time, so to get into the detail, then we could have it organized and be able to carry it forward as a motion.
 and the manager to that effect.
 are coming.
 Jack could you tell us your name again? Oh, excuse me, Jack.
 I guess it depends whose numbers you believe.
 Do we believe that the trickling of water had a positive effect? Absolutely.
 So back to the top.
 So we exit executive session.
 All right.
 And then another couple of hundred for wash water for the tasting room.
 Thanks.
 Base rate
 So we want to avoid that.
 We're running 40 degrees, Council.
 That's basically $1,835.
 So if you could introduce yourself and what you represent.
 architectural or mechanical strategies.
 Okay.
 pray.
 to approve the 1100.
 And even though it looks like we have way more flow capacity than we want to have, I think we should find out if that's true.
 favorable.
 especially the impact that it will help with the water and sewer.
 So we'll see.
 If it's not affordable, it, in my opinion, won't happen.
 That would be our intent.
 in the sewer is the sewer.
 So we really should authorize that.
 Why don't we say 7 o'clock p.m. Is that here next door? I will have to see if I can reserve the library.
 I just, I didn't like what I saw.
 What bills I saw said pay.
 and the welcome and public comment is revisited.
 Okay.
 We're going to need, according to the state's engineers, we're going to need more wastewater allocation than we currently have.
 In more recent times, that's improved.
 at a catastrophic influx of heavily loaded.
 Really good.
 rotational level if you want.
 and perhaps other areas in town.
 Welcome members of the commission and members of the public members of the town staff
 And a few homeowners, or actually two homeowners, have said they want us to pay for those thawing attempts and pumps prior to us making our offer.
 We are pretty short on time.
 for the planning portions of that loan.
 and loose water both.
 So I think part of this conversation is about what's the right number. And as Kendall said, we're open to the notion of metering.
 If it proves to be easier to just buy the water allocation and then fight the state, then we'll probably just come back and do that.
 My house was right close to the main.
 Somebody's stuck.
 state says they absolutely have to have it.
 He has a pretty good case that he might prevail with the state because the state
 So I've heard a couple of comments about the country.
 I'd like to know before we take, sign a contract with the park.
 We don't know what the value of that card is.
 6 inches
 Yeah, that's a good point.
 really hinges on the details, including cost.
 So I guess my real concern is that if we use up space down there, we may find ourselves that we can't expand in the village.
 250.
 There's no incentive for me to cut down on water use right now because the water bills have shut down.
 You know we might have to revisit this down the road
 We generate a lot of wastewater, we have to deal with it.
 And that's a good thing.
 be first.
 Any questions on the warrants, David? No, that's good.
 And that requested 110,000 feet for license plate reader stationary on intersections.
 It runs through the county and they break it up and disperse it to the ABCs within the county.
 This will be coming under budget from what we have projected would be for these vehicles with the fit out.
 Item on the agenda, 2015 State Homeland Security Grant Program.
 And then we have a 171 miles.
 Yeah, I mean...
 Any questions? No? I'll entertain a motion to approve it. Okay.
 you
 Any questions?
 Okay.
 So we're protecting our greenhouses, which are very, very important. And again, a group of citizens that have gotten together on their own time to work really hard to protect an important part of the city. So I would just like to have that recognized.
 everything that Miss Giementier can meet the needs and the service requirement that we have in
 Very good
 All in favor?
 Their bid was about $11,000 more.
 All right. And I'll entertain a motion to recess.
 All in favor?
 We haven't really kind of designated which exactly works.
 This is a.
 So we don't have to use this in three days.
 We have a lot of people who are going to be in the greenhouse.
 Anyone?
 The first item on the agenda is the adoption of various sections of streets to be incorporated into consolidated local street and highway improvement programs. Ms. Wong.
 Thank you. And final review for the electric vehicle charging stations. Again, don't have any comments.
 play readers. That's more that much more data and Intel on an incident and prospect policing.
 Any other questions?
 the property.
 questions.
 intersections we want to do, but it may only do a couple intersections.
 So the plan is to use a hundred and ten thousand for the license plate reader? Twenty thousand.
 His baby, his efforts.
 That's what it is, between those areas.
 And the city moved forward to do that earlier this year.
 So this is kind of looks like near humans and looks like they look so
 the roof line would actually fall on the adjacent houses sidewalks.
 We have to build some infrastructure. I can't answer because it depends on the intersection.
 and participate in the state of extreme versus for overtime for those.
 What exactly are the components that have to be installed? The lighting system, communication system.
 Okay? Second.
 the first time.
 the city.
 This is going to be a, I'll put a check mark, eight for equal.
 I'm going to second it.
 We also picked up a couple of smaller alleys and roads.
 3 bids were received, with the lowest being $71,360.20, as shown in your legislative request.
 was a metro PCS. The tenant is now relocating down the road from the building that they were in.
 But they're more from the higher crimes.
 Thank you.
 I'm going to follow that with my voice again.
 I
 All those in favor?
 the city. And we're going to have to do something about that. And since we couldn't find a history of adoption of the streets by the council, we needed to pass something that we could put with our paperwork to say that the city.
 I was in favor.
 Last time we used approximately $100,000 or so.
 the street. And the
 Thanks, Lee.
 They get between, depending on the year and the weather, anywhere between 30 and 100 motorcyclists that deliver toys from his shop on Kings Road down to the St. James Square Plaza.
 different intersections in the city.
 for the portable rangers.
 That's the one that makes the wheels turn.
 the first time.
 And in 2015, the city determined that eight new police vehicles were to be acquired.
 questions. Entertain a motion to approve it. Okay. Mr. Ferrari. Do you have a question? I'm sorry.
 Also, any time mobile cameras that we get, we can add onto the system.
 And it was a very odd situation.
 think they're capable of doing because it's pretty extensive work, isn't it? It is, but the vendor has received training in certain areas regarding the installation of some of the components.
 No. I'll move it.
 This is a year of the grant. The amount has gone up every year. I credit Lieutenant Stichtings with this thing.
 to us from this perspective and determine that it would be appropriate to move forward.
 Thank you.
 The list that you have in front of you is what we found to be either changes or omissions.
 reconvene city development and planning and ask for a motion to go into executive session.
 the street. And so in some cases to the street might have been recognized. But the ends were
 like the light bars and that type of thing.
 Second one? Second, number 599, is for a sign that you might recognize.
 This one here, kind of earmarked towards entry spaces, cities. It's Homeland Security for bridges and infrastructure and so forth. That would be just to collect data for any major incidents and so forth. And again, the portable radios. They've kind of replaced some old ones.
 Oh, yeah.
 Next item on the agenda, the 2016 NYS Special Traffic Options Program. Staff, do you have your line?
 Thank you.
 So we can't just have them on paper like this. So the resolution that you're concerned with would be the adoption or the recognition that these particular segments of city streets are in fact owned and maintained by the city.
 Homeland Security first yes
 Second.
 And it was a very odd parcel, probably one of the most unique parcels in the city, as it was in, it appeared to be in the road.
 How many readers do you think we're going to get for the album?
 say publicly where they are, it's fine. But we can share.
 house we're doing the painting and the decals.
 This is his seventh annual Boys for Tots run and he really organizes it all himself.
 and 20,000... Sorry, my voice.
 against the participate in statewide DWI saturations throughout the year. I kind of marked
 was determined that they can.
 safety for a site that for a
 just to have this as accurate. So like we said, we
 Physical overview of what's before you
 for the application.
 for not issuing it.
 Thank you.
 Very good. Good funds.
 that they either repaired or replaced or screwed in tighter or, you know.
 Bye bye.
 Thank you.
 So Anthony Ferrari, Richard, and these two gentlemen, Mr. Falvo and Mr. Stickney, worked together to kick the tires, pardon the pun, and make sure that everybody
 don't have a vendor in the city that does this type of work or their bid came in higher? Historically, the city had worked with another vendor which is in the local area also, but they came in as the second bid. Their
 Okay, so I'll entertain a motion to approve this. Okay, moved, seconded. All in favor? Aye.
 Any other questions?
 It's just such a big intersection
 Restore County Troy Albany feeding
 We can't trust us.
 the
 to approve. Second. All in favor. Aye.
 Spoke at public hearings.
 So the item in front of you is kind of a general housekeeping item.
 materials and craftsmanship.
 to two revocable permits, number
 Go ahead, Mr. Chief.
 We're going to have some meetings on it.
 All in favor?
 All in favor? Aye. Thank you.
 the county.
 favor.
 specifically got delivery around May of 2015. And certain fit out of the vehicles needed to be done outside of the city.
 It was there now and it's moving further down.
 the street. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that. And so we're going to be doing that
 So.
 Thank you.
 So I thought it would just be a nice recognition of some grassroots efforts.
 One of your son.
 So the roof.
 bag.
 Bye.
 Any other business to come before the finance committee today?
 the state.
 No speakers, straight music.
 for misc unit hire and service of
 However, the insurance and all the permits are address specific.
 I'm going to go get a drink.
 Okay, begin.
 on the agenda, Ceremonial Resolution, Center for Greenhouse and Garza.
 Oh yeah.
 Next item on the agenda is a police vehicle without bid to Neskayuna Tire and Service.
 All right.
 Okay
 I'll move it. Second.
 the streets. And the
 the system. In our video, actually requires a separate certification. We're still under warranty with that.
 The first item is a ceremonial resolution for the annual toy run by Lee Sykes and Broadway Choppers.
 the city.
 we had to build a server, we had to spend some infrastructure money on it.
 So again, the place in the fleet readers we have some out there right now.
 It's 2016
 Now I understand there's a problem with decals and that adhering though.
 And that's what goes into the evaluation of our CHIPS money.
 the
 And we're requesting that you consider such an award.
 I'm sorry, I apologize.
 Thank you.
 it.
 Yeah
 This is a former cafe being repurposed as a restaurant.
 Okay.
 this is a for public safety, I will be a jerk second all
 did have some glass breakage last winter and I understand that they were there today.
 So yeah, you see it says 1.62 as there is a change in length.
 Yeah.
 All in favor? Aye. Aye.
 And it's really sort of a good thing from the perspective of in the past we haven't really seen a lot of activity, but we've had quite a few downloads of the bid.
 planning and do executive session later.
 the city.
 All in favor? Aye.
 the
 things that issues go up on holidays and so forth.
 The house is now down.
 We have a final review of the DSAD 2016 budget.
 call to order public service and utilities.
 So a group of volunteers have gotten together and done the owners work at the greenhouse under the leadership of Mr. Soren.
 to do five-hour sessions.
 So that it now is part of the road and that these two houses, parcels 45 and 46, will be on Arch Street.
 Some of the vehicles that had had some peeling of stuff are older vehicles.
 You're a cheat, man.
 No, sir. No problem. No, we've had in the past, but nothing recent.
 $20,000 for more portable radios for the apartment.
 calendar year long.
 So it's not going to change much.
 questions.
 I thought we were further down the agenda. So we don't want to get in.
 So let's just take the
 All in favor? Aye.
 Thank you.
 I don't know if it was the back of the truck.
 has gone through to the Ombudsman's approval.
 So any questions or comments? No? So I will ask for a motion then.
 Any other questions?
 And was it 36 panels I thought I saw? 30-something, yeah.
 the other.
 Thank you.
 All right, I'll call city
 And then 3 people that did respond and staff was able to take a look at this new vendor.
 Okay. Moved and seconded. All in favor, say aye. Aye.
 with us. It's a yearly application we make to Homeland Security for, let's say, infrastructure needs.
 It's it's for a year and again as you are usually the joint initiatives that we hope you see some
 revocable permit for Yahya's house, Mr. Wallen.
 Google Street View it, it's a very odd situation.
 We need to order
 I'd like to order.
 They've done regular cleanups every Thursday throughout the summer.
 So the idea is that we would like to incorporate that as part of Arch Street.
 can present that to you at a later date if need be. But that's what we're having.
 So, we're going to have to do a lot of work to get that done.
 This is the first.
 license plate readers really enhance our arcade builds from the neighborhood camera projects that we have.
 I have a motion. I'll second.
 Thank you.
 Every year the New York State Department of Transportation sends the Department of Engineering our local inventory of highway and streets and we review it.
 were a few things that were done inside of the city, some painting and that type of thing, correct? And so we've gone out to bid for the rest of the fit-out that's
 Okay.
 That's a good question. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I
 I know you checked out this Kiona tire.
 Okay, any questions?
 and it was actually in front of two houses.
 section we did we need like five cameras.
 Second item on the agenda is a call for public hearing to incorporate 810 Arch Street.
 Okay.
 life.
 We only added up to about a half a mile of road, but we wanted this to be our...
 vendor that from this perspective is new to the city for this type of work.
 So they needed to apply for a new revocable permit for the new address.
 And the Upper Union Street bid in the 2016 budget.
 Second? I'll second.
 beginning and revised end.
 and recreation.
 the field on favor.
 stockpile some of the little ones so if we have a major instance we can share them with other people and so forth.
 Thank you.
 Okay. Motion to adjourn.
 similar to last year.
 The reason that it is in front of you today as a council is that checking our historic books and
 They went out on their own to be certified to be able to install the items that we currently have.
 the city.
 so we can add more cameras on the road.
 the city. We didn't have any
 Bye.
 I don't disagree that Mr. Silvestri is in a unique position to contribute, but I think it would be somewhat inappropriate to not talk to the other people. That would be my only concern.
 Next agenda items, which would be on the purpose of the press, a holiday, January 2nd.
 And there was an addition of a utility sink and the plumbing to accommodate.
 It was 90 degrees out every day. It was a tough week.
 taken the time to go to these competitions and compete. And every time they compete, they wear our gear.
 I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
 What is the competition? I can only show you the video. I can't explain it.
 That motion carries 7-0.
 I certainly want to thank the other members of the Council for their indulgence. We've had a very busy year.
 I think you were the one who actually pointed that out to us in the initial aspect.
 He arranged for the Secretary, for the department to come and visit us.
 I do believe, as I've told council, particularly since we've taken on additional debt service this year, that in 2018, we should anticipate in Peters Township that there will be a property tax increase.
 reflects what happened at that meeting.
 And those people living in newer homes may well find that their taxes are going down.
 have one more ordinance to adopt, the 2017-2021 capital improvement program. I'd like to
 The first race of the year will be at the Tarth Permanent Circus contest in conference in April.
 He's done a human's job in terms of representing the community. And as a result of that, you have this grant.
 I really want to thank Brian and Tom because they kind of stepped up and helped a whole lot to get this to where it was at.
 to approve the new budget.
 The donations are $5, and kids are free, so I would encourage anyone that would like something to do on a non-stormy night, Wednesday, I think would be a great gesture to fill the place.
 It really gives you the idea of the basic firefighter skills between dragging, and lifting, and hitting that we take advantage of all the time.
 should hold up better than outdoors.
 I mean, the question that everybody seems to be asking, at least that I keep hearing, is, OK, I understand this is our township tax, municipal tax, but what's my total tax bill? And I keep telling them I'm going to go to the district. I keep referring to Mr. Belzik over at the school district to make that decision.
 We're also doing some work on the park lands, and some of that will be paid for with some of the borrowed funds.
 I know his initial thought was renovating the buildings, what he wanted to do.
 Mr. Ball.
 I would make a motion to appoint Mike Silvestri.
 You're absolutely correct.
 Second.
 The net effect is that there's a change order deducting $256 off of the construction cost.
 We've met a lot of great firefighters there.
 Bye.
 I have a few things.
 I don't know.
 And there's a copy here, there's a copy on the website.
 The photos will be there.
 and
 Mr. Lauer, normally we equate a dollar value to a mil.
 Somebody ran through the garage? Is that what they saw? Yeah, a little accident with a neighbor losing control of the vehicle and crossing into the neighbor's property and into their garage.
 It's an ambitious program for next year.
 The next opportunity here is to congratulate two of our firefighters.
 I guess Ryan was in charge of this project.
 Can you tell us what the awards are that you have and what they're for?
 No, there's a question with regard to the other item there, that possible workshop.
 I never noticed them in these particular areas before.
 second.
 I move that we approve ordinance number 811 approving the 2017 Peters Township operating budget.
 One of the things that we did learn is that the Zoning Hearing Board would like to have a second alternate. So we need to fill that position.
 I agree with you.
 Motion carries 6-0-1.
 everything is under time and because it's such a close time, they have to be precise with their movements as well.
 And I'm assuming that at least some of those are being appealed to common place.
 So what we did was to go back and pull the video that was shot by the community television, check the areas that were concerned to Mr. Ball where they needed to be corrected. They were corrected and those that were stated as they were were lacked. So this
 Presume that means there's no audience comments.
 Bye.
 Okay.
 People are normally used to hearing a certain number equals one mil, but that's not the way we can work it out anymore.
 This is actually going to, I believe, be a fundraiser for the hockey club. But the jerseys must work. They've used them in one game and won that game.
 I don't think they're in a position to know that yet. We certainly aren't in a position to speculate on it.
 Merrill.
 Anyone opposed would be an aye.
 Mister Grimes.
 We were approached by the Peter Soundship Hockey Club.
 In addition to that, we have some key earned income taxpayers, the top 10 payers. And in the revenues from those individuals alone, there's a decrease of about $95,000 in earned income tax receipts.
 Our expenditures exceed our revenue in part. That's because we're going to be spending some of the funds that we borrowed this year and we'll be buying a, hopefully be buying an aerial fire truck.
 a piece of steel that she's hitting.
 Now, as we have discussed at workshops, in many regards, this is a guess because what we don't know is that the aggregate assessment for Peter's Township is a moving target. And appeals are coming in every day to court.
 Hi.
 All please with our runs.
 you're doing is 1.52 cents, about 50 times whatever the.
 I had cause to speak to Mister Sylvester E.
 And I think we can accomplish that by pairing the project back some.
 I'm going to pose, please say your name.
 Mr. Curry.
 It's the Peters Tachet Alumni Hockey Game against Cannon Mac alumni. It'll be at South Point.
 Do we have any discussion items relative to the marriage reports that were included in the document?
 be celebrating his 102nd birthday and we're gonna be presenting him a key to Peters Township.
 I believe that it's largely tied to the oil and gas industry, the downturn in that industry.
 I was somewhat surprised with the number of them in the short period of one week.
 Anthony Farms playing Watts Phase 3.
 fire department is generally a very humble organization.
 In the past, we could make a statement that $1 mil equals X amount of dollars for the township, and that is not the same anymore.
 Next is a deduct change order, something we're not familiar with here.
 and Brittany have done a phenomenal job not only at the fire station and what we do, but also representing the township and the fire department abroad. So thank you guys.
 Do you have someone that has a speech or am I going to remind myself? Well, we've got Deborah McLaughlin. We also have Firefighter Ghan and Firefighter Hopkins with us.
 And we approve the ordinance 8.12, adopting the Peters Township Capital Improvement Program.
 But I mean, do we want to do the interviews on the 9th so we can get the boards all up to? I think that's appropriate.
 Okay.
 I just genuinely feel that way myself, that with a lot of anxiety going into the year,
 I'm gonna lose.
 you
 We still have positions to fill in the Environmental Quality Board.
 There were a number of proposed suggested comments and or edits.
 have to touch every stair on the way down.
 Yes. Again, not so much concerned about the residential appeals, but we do not have a clear understanding yet of how many commercial appeals will be taken.
 to approve the discussion. All those in favor, please say aye.
 Harry's busy scribing memories.
 And we're going to need to elaborate.
 discussion.
 They will reset their rate in late May or early June. And what I will tell council is what I've been telling everybody who calls up, because we've been getting a number of calls about what's the school district billage going to be.
 Now that we're all here, we have a roll call.
 So I just wanted you to be aware of that.
 Motion carries, 7-0.
 I think until the oil and gas industry turns the corner, I think it's gonna be a challenge. And that's why earned income tax receipts for next year are budgeted to be flat from this year.
 One thing that I feel so comfortable with is, and this is in part the wisdom of council's decision making, the people who you have hired to replace really long-term department heads has been outstanding.
 I just wanted to point this out to you.
 rubber mallet
 And so what the ultimate aggregate assessed value of Peter's Township will be will be something that will change.
 Although it does bear some bad news, right? Which is our expenditures exceed our revenue.
 The point I was trying to make is it's variable.
 All those in favor, please say aye.
 We both made the finals in individual tandem and relays.
 He was asking about the township and I was explaining to him the need with regard to the Peter Stanton Sanitary Authority. And he has suggested that if council thought there would be value to his service, he would be willing to serve on that board. So I just put that out for you.
 I'm just driving around the township. It just seems like we've got a lot of areas where, I talked to Mr. Zucker about this today, where we've got water running over the roads, creating a lot of icy conditions.
 I believe, and help me Tom, it was a 7.30, although I'm not certain of the time I gave that to you.
 Alright.
 Mr. Lewis, your.
 The one item that I did make note of in the reports, and it's really not part of the reports itself, but we have been notified by Representative Maher's office that we will be receiving a $250,000 grant to do improvements at the shelter and the playground in Petersburg Park.
 There you go.
 I think that has directly impacted our earned income tax receipts as well as in speaking with Keystone, we're seeing this throughout Washington County.
 Let me know when Mr. Zook is here.
 I reviewed the invoices and the documents and the postage.
 don't toot our own horn, but when people toot a force, we thank you in appreciating us for that.
 It would be a different amount.
 I also talked to him a little bit about his thoughts related to the position. We don't normally discuss board appointments.
 all coming in that day.
 All those in favor, please say aye.
 They represent Township Fire Department and all the residents of the township as well.
 I have a question. Is this a change to the rafters? There's actually a couple things. There's the rafters. We had some additional supply lines for the water extended to the outside. Chris is going to put an outdoor drinking fountain there.
 He ran you're in the top on the final and they ended up with the gold medal It's probably one of the most fun races to watch because it was a pretty much it was a pretty tight finish But they won the gold and they just missed the world record by three tenths of a second
 I've watched it in person. I've tried to do it myself. It's not easy. They can't do it.
 Next item, a little more of consequence, I guess.
 Please rise and join us for the pledge of allegiance.
 He's lobbied with them directly.
 In return for that, we've picked up about 50 acres of new property that we hope to develop to everybody's benefit.
 I think there's council.
 I think that's a good point.
 Any other discussion? Very difficult to really...
 there's not a direct correlation to a number.
 We'll start then and pick three or four races throughout the year, just to make sure we qualify all of those and then get invited back.
 Motion carries 7-0.
 you can extend an invitation to him to come in and present a check to us so we can personally thank you for all of his efforts.
 I just have one last thing. One of the things I put in front of you, if you're interested, we have from Mr. Beresaguin a report as to the payoff at the Rolling Hills Country Club. That's to be filed in court shortly after Christmas, I understand.
 Certainly, this year was a little bit more interesting from the staff side because we have a lot of new people involved in the process.
 Two sets of minutes to review are approved.
 And the other thing is even for those ones that have not been settled, they'll at least have some idea of what the scope of the appeals are. So I think they're going to be in a little bit better position than us.
 So Mr. Lauer, if you would please.
 other comments? We have a motion, a second? Second. I thought somebody made a motion. I did. It was seconded. It was seconded, yeah. Now at this end of the hall. All those in favor, please say aye.
 He's been given access to the building and he's going to get back to us.
 Mr. Kozner. Aye.
 But yes, there is a gap between the amount of money we're spending and the amount of money we're taking in.
 I understand that, sir.
 You saw more of that this morning than you would normally see.
 There were a couple minor changes that were required during construction.
 up with a silver medal. So we're pleased with that.
 Any further discussion? All those in favor, please say aye.
 I want to pose with Vinay.
 All right.
 I'm going to go ahead and move on.
 Bye.
 Look at my little air bubbles.
 All those in favor, please say aye.
 I think last year it was 314,000 or something like that for one mil.
 In addition to that, in the manager's report, I provided you a summary of the 2017 projects that are being proposed.
 injuries.
 Thank you very much and congratulations.
 That's something that council wants to do.
 I was a kid.
 You want to pose, Rene?
 Thank you for your support in this.
 is the individual who renovated the matching school to this. And so his bid is $25,500, which would pretty much cover our cost.
 If they don't drop the hose in the box, there's penalties.
 like a lot of the appeals, at least the ones that we've seen initially, have been no change.
 And these were difficult positions to step into given that somebody's occupied them for so long and done so well. But each of them has been met that challenge.
 Mr. Stiglitz.
 All those in favor, please say aye.
 The woman that Brittany ran in the preliminary video you saw is a captain with the Greensboro, North Carolina, Fire Department.
 Well thank you for taking the time tonight to recognize us.
 The new one's submitted.
 Close and be named.
 There is not.
 We have anyone in the audience wishing to address a non-agenda item? We're losing all but two people in the audience, and they're both writing diligently.
 occurred.
 In the reports, there are several.
 When they get closer to the time when they need to set their millage, just like the county provided us the aggregate assessment, they will provide them as well.
 Mr. Stiegl?
 They're lifting a hose, a roll of hose up, the roll of hose is another 40 pounds and everything is
 And they wanted to share with you what that jersey looks like.
 The weight of that sled is 185 pounds. That's 130 pounds of sled.
 The intent of this millage raid is to put the township in a position not to realize a windfall, but simply to be in a position to collect the same amount of property tax that we would have received had not there been a reassessment.
 I'm not sure.
 Paul, my hat's off to you and the whole members out here for
 Other questions?
 The other thing, we are out still searching for candidates for the Peters Township Sanitary Authority.
 going to go back and look at the streetscape project and try to arrange it in a way that we can do it within the funds that we've got budgeted.
 And we've approved the Anthony Farms plan of Waste, Waste, Thrift, and Lodge Drawing.
 week. You're running every day and even though you're invited, you qualify for the challenge,
 But in this particular case, that grant, as much as Ms. Harmel did a wonderful job in putting that application together, the receipt of that grant has a lot to do with Representative Maher's intercession on our behalf.
 I think it's a great opportunity for us to have a chance to do something that we've
 What is being proposed is to set the millage at 1.522 mils.
 It is a charity event for funds for the Scott Fashion family.
 Motion carries 7-0.
 Mr. Ball.
 Chief Bill and Brittany have done that throughout the entire year in 2016.
 That's what I was trying to say.
 It had to do with the ability to get the materials. And given where they are located, the architect didn't feel that it made any substantial difference in the structure in terms of its integrity.
 And then in addition to that, Mr. Rogers is going to be here. Joseph Rogers, he's 102 years old.
 business and
 I guess we have a motion to approve.
 make a motion that we approve change order number one.
 And we both ended up with relay medals. Brittany ran that.
 In seriousness, I don't know that you could find a more qualified individual to put on board than right now is struggling to hire a new manager of the department. We've got a couple of board members, one who will be leaving relatively soon, but a new addition to it. I think we ought to take action and take the motion to appoint Michael.
 Okay, thank you.
 And I'm going to ask that you please stand and be recognized.
 Yes, I think we have a pretty good idea of what's happening. There isn't a solution to this, though.
 His concern is the structural stability of the building.
 Mr. Lewis and I exchanged an email about this.
 So it all started in April of 2016 when they went to FDIC to compete and both of them ran so well throughout their competitions in the year that they got invited to the World Challenge where over, as you've seen in your notes, 450 firefighters from 12 different countries and 20 United States came together to compete in this competition.
 I'm gonna pose with me name
 car.
 you'll be in Kentucky, right?
 And we have one other individual who I'm not familiar with who has submitted an application.
 didn't bring that binder with us, but we were provided that.
 I'm not going to do anything other than accept them.
 I mean, like I said, it would be easy to do.
 We ended up with a bronze medal in the female tandem, running with a firefighter from Canada. She's from Alberta.
 I would encourage you to.
 six feet.
 And of course, you know, council's role in this whole process and the amount of time that you spend is really kind of remarkable.
 Second.
 to further miscellaneous.
 the club is a high school club. But at one point in time that wasn't true.
 One of the things that we've asked him to do is to take a good look at the building and to be able to give council some idea of whether or not he thinks it can be renovated. Because we took bids two ways.
 of the consequences of not taking action here. And the opportunity to get Mike's participation in whom they might hire as a manager is
 One of the discussions I'm going to be having with department heads on Wednesday is to get them to begin to think in terms of not only their department, but the community as a whole, and find a saving so that in fact by the end of the year that gap is somewhat closed.
 Is it a sport? Well, we're competing for things.
 Pressurized wood, yeah.
 I think everyone would agree it's a dramatic improvement over the prior stage.
 along with two, but we started with three.
 I've been working with him for 40 years.
 We would have more accidents there. It comes around that turn and it's right there.
 copy in the library so it's available friendly to the public.
 Motion carries 7-0.
 interested in reading.
 We're still in a period of time where people are filing appeals to court.
 and look forward to, you know.
 you this now, but you're going to see this again on January 2nd, but highlighted other people who are up for reappointment and you can make a judgment as to whether or not their service is adequate to be reappointed.
 Again, we're going to be meeting amongst ourselves on Wednesday morning to talk about how it is we're going to get this program implemented for next year.
 It was an interesting evening.
 19 coming down toward the... past Bowser, I guess I would say, the water running down the center of the church where it crosses, you know, public works.
 had a chance to see the new stage structure. You know, this is its current condition. There's
 Even if I'm staying, I wasn't out of meaning.
 What people are going to discover is what we predicted was people who live in older homes who were here in 1981 will find that their tax burden, local tax burden, and school district tax burden will go up.
 Thank you, Your Honor.
 And when it's a relay, it's all those six stations are split up between four and five firefighters.
 I don't think we'll have to have the Sylvester guy come in so we can interview him.
 And I know the guys were, although they spent a lot of hours doing snow and ice removal over the weekend, they were out bursting this morning, hitting those icy spots.
 This is a simple plan that is not creating new lots. All it is doing is re-recording store easements on lots 304 and 305 and re-recording the sanitary sewer easement through here to new easements are centered over the as-built lines they discovered when they were doing the construction that the easements were off. So this plan simply corrects that.
 I'd like to take a few moments to reflect on what we've gone through this year.
 I just would like to have a conversation with Mr. Silvestri before I vote in his favor. But since you've made a motion and there's a second on the floor, feel free.
 of the budget.
 They wear Peters Township proud. They're very appreciative of the opportunity they got to do this in Peters Township.
 Bye.
 I got time at 6.50 PM.
 actually in the back section of the budget there's a complete listing in
 Cedar Denver 450 pounds and Brittany Bader.
 we had any other applicants for that position? Mr. Comey, who is the chairman of the Peters Creek Sanitary Authority, who actually lives in the service area for the Peters Township Sanitary Authority, has offered to serve on both boards.
 And sometimes when you're a smaller department like ours, as opposed to big departments that may send 10 or 11 people, you're looking to build teams out of other departments.
 make a motion that we approve the
 I didn't do that calculation.
 And one of the things that I'm very thankful for is one of the things I got from council was very clear direction, which made the process of putting this together a little bit easier than it might have been otherwise. And so I thank you for that.
 need for discussion. If not, all those in favor, please say aye.
 What time? 6.50. 6.50. I think you had to do with Ace Time.
 Finally the dummy dragon 185 pounds.
 When I first started here, the hockey club was actually a club of the township.
 Okay, we can do that.
 It's going to create a challenge for us in terms of monitoring the budget as the year goes on.
 One, renovating the building and maintaining the facade, and two, tearing the structure down. And I thought it might be important to council to understand what his intention was before we award the bid.
 We have a roll call, please. Sure.
 They call it the fastest two minutes in sports.
 Or they treated wood I would imagine that you treat it so there's
 The construction on the project is done.
 We ended up having to run in the finals without only with, we started with four, one guy got injured. So we had to run, one of us, me, had to run an extra leg. But we ended up just coming in second in New Zealand in the men's master relay.
 I think that's a good thing.
 I was on the phone this morning early and I watched it.
 It's on the bottom. It's the last thing.
 the county and I think that again they have individuals have 30 days from the time they receive a decision to make those appeals and
 thing I would like to say is that, you know, the budget itself is the reflection of work from a lot of different groups and individuals.
 And I think that's a good thing.
 In your docket, there is a record of attendance
 Anybody else have any comments? We did not receive an LSA grant. And we, you know, the grant was for the streetscape project.
 We were on duty last night. I could hear your voice up in the old trails, I guess.
 There's going to be reoccurring problems throughout this whole interview.
 And would the list of capital projects be in the handout that's been made available to you? Yes. Discussion? All right. We need another person to move a motion.
 I love
 So does this calculation equate to that or is there another number that we would describe to it? Well, it's relatively easy now because we're at 100% of valuation. So for every dollar that your, every thousand dollars that your house is assessed, it's $1.52 that you would apply to that.
 some paving that still needs to be done when the spring comes.
 I was expecting a younger person to be in the midst of that, but not necessarily.
 And so my question to you is I have tentatively on the schedule to do interviews on the 9th of January.
 I saw one today on Center Church Road, right past Center Church.
 Motion carries 7-0.
 We appreciate your recognition, but honestly, you're recognizing these two.
 And the other thing, the last item, we opened the bids today on the Bauer Hill School. We've received one bid. It's from Tom Robinson.
 If they miss stairs on the way down, there's penalties.
 But this is our best attempt to create a situation where the township has left whole after the reassessment.
 to have more discussion.
 And I can tell you, working with Ryan, he picks it up quick. You give him a project, it gets done. So we've got a good team in place right now.
 Mrs. Merrill. I'll abstain.
 Mr. McLaughlin has some things he'd like to say, but we're going to show you a video of exactly what this comment is.
 make a motion that we approve ordinance what's this 810
 also a world champion powerlifter.
 discussion.
 in this meeting is audience comments.
 The motion carries 7-0.
 There was none.
 to the floor.
 Firefighter Hoffman is on the right hand side here.
 They wanted to come up with a throwback jersey and they needed our permission since our logo shows up on it.
 One advantage that they will have over us is that by that point in time, some of the appeals will have been settled.
 Mr. Berkwist. Finally here.
 This next maneuver is called the Kaiser Sledge to simulate forcible entry.
 When the information was sent out to council, Mr. Ball correctly identified that we had a typographical error and we corrected that in that ordinance that's in front of you.
 need to recite all the people that we've had to replace? Well, we don't need to recite all of them, but I can tell you this. The
 miscellaneous.
 on a positive note, we have a few businesses that have come into the township potentially
 Okay.
 They had a second application in with the state of Pennsylvania and that was not funded either.
 Second.
 running you run every day proceeding and for up to see whether you made the finals and we all
 I think that hopefully the township doesn't ever have to face to this degree again.
 And I will tell you this, on many occasions the DCED simply uses the representative's office as a way to pass that message along.
 Anything else? That's it. Meeting's adjourned. And if it hadn't been me carrying it on, it could have been a record meeting. So, thank you very much.
 I think, Paul, is the school district tax rate the same as it has been? Do they reset their rate in whatever their fiscal year is?
 Mr. Koser.
 It is an ordinance levying the tax on real property in Peters Township in the year 2017.
 And thank you, I'll use that as a jumping off point for an event that takes place on Wednesday.
 I'm not sure that it's going to make a difference given where this is located in the structure.
 When people go above and beyond what we normally do, we try to recognize those things.
 You'd look at this in tens of mils at this point.
 removed.
 And at that meeting, we'll be recognizing two individuals. One is Sergeant Collins will be here. He presented his medal for heroism.
 The next part is unfinished business, which we can discuss with, because there is none.
 When I'm not...
 I had a couple of dogs that developed fungal infections.
 When you see the turnaround from bad health or poor health into wellness, you just want to tell everybody.
 Get that nervous heel.
 I know. I know. Raw milk. Yeah.
 So you had Ron Paul who said absolutely no to all this stuff, stop this, stop the TSA tyranny, and the only one that's actually an honest person.
 because here's a guy who says stop the anti-dietary supplement.
 But mercury is a toxin. It should never be used.
 Morris Fishbein, working for the Rockefellers and therefore the Rothschilds, descended on him and said, you either give us the formula or we'll destroy you. And they did.
 This eliminates that from happening.
 those tentacles pillow forms and they actually poke holes in your intestinal tract and cause that dysbiosis or leaking gut.
 There is a podiatrist, Dr. Fish, who I quote.
 Pasteurized milk has more...
 It's crushing us and it has already crushed us.
 You want everybody to experience what you did. And you do a wonderful job of it.
 It's rarefied, it's bound to water, and water is the solvent that delivers our oxygen through the blood.
 You know, it grows on the mountains up to 12,000 feet above sea level, above the tree line, on white rockets.
 You can put it on a toothache.
 endotoxins and theoesters and all of these endo, mycotoxins that do the damage.
 So yeah, I got run into and run over a few times.
 See that's why I put up also here on this show this rightinrevolution.com.
 They kept going down with the broncoscopes and taking cultures.
 It's absolutely amazing.
 We are 70% water and we thrive with oxygen.
 And the reason it's important is that the oxygen from the water is bound to the oregano, the oregano chemicals, and then that goes into the fat.
 I'll tell you what I find, and I've talked to many people about this.
 So I happen to have a anal gland appointment at the vet.
 definitely cheated me.
 I had one Canadian guy who was a lobbyist for the military industrial complex who said, we're going to get rid of you and put you out on the curb with a tin can.
 What do I do I pound this I drink a bottle of this a day for a couple days I drink
 Yeah.
 I must say that whenever I talk about this, it's my personal view. It's just me exuding my enthusiasm about how great this is and how it can save people.
 No, they fought it and they keep fighting it.
 This obliterates all of this, but the Sineo Reg is great because it's a water-soluble, saline, isotonic, ideal for the ears.
 It was used in ancient Greece, Islamic Empire, ancient Rome to sedate and even they used it to eliminate any consciousness post-surgically so people could stay like laying there for a week and heal.
 got a system in place.
 and take it aggressively.
 And you might even notice that after a shot of this, even the doctor got more lively.
 I gave them the idea, the concept that oregano oil is a germicide, but yet the same federal government has been trying to attach me to oregano oil sales, to making money, and going around saying they want to crush companies and destroy me.
 and they give it for so long to half the population that they're testing and then they reverse it.
 Five of the dogs had diarrhea and vomiting.
 government to do something as well.
 I mean, I'm totally empowered by this.
 This of course is my personal bottle.
 And those enzymes putrefy our tissues, basically the best way to describe it.
 Clean as a bat
 If I bathe them, you can always get a little water in there. I put that in because that stagnant water can cause the fungus to flourish.
 Again, I'm not telling you to do it. You want to talk about it with your vet, go ahead and do it.
 And I wish I invented it.
 He opened up a pharmaceutical lab that was producing this and he was getting dramatic results in curing cancers.
 Thanks so much.
 I was never given a study in school.
 Welcome back. I'm Dr. Edmund Sulkowski and this is Let's Talk Healthy Pets. We're here with our very special guest.
 I don't care if it's cancer.
 Okay.
 And the humankind has lost because of tyranny.
 And over a period, I think it was 10 years.
 Even though she's monthly squeezed and so forth, but she gets them and they puff up pretty rapidly.
 Ehhh...
 But here is one of my favorite products. And this is called Sinu Orega.
 the bad guy.
 When the Mayo's looked in 1999 at 280 people, they found that these are chronic sinusitis.
 So I saved all those blunted ones.
 And you know what? We'll keep the government in check. That's what voting is about.
 I avoid it, but...
 I suppose somebody's gonna probably try to slap me down.
 If they even do the studies, as you say,
 I had a dog that was having a tooth issue.
 going to go where it's needed. It's energetic. Exactly.
 These dogs have the cleanest, healthiest ears.
 But I will say that any time there's something shot with the nervous system, how could you get better than something like this to get that molecular oxygen or the oregano oxygen, the antiseptic, into the brain and into the other tissues? Case history me, I got a tick right here behind the ear and he's on for a few days, you know, hunting around the wilderness for stuff, right, for good things.
 membranes.
 And he ended up winning.
 It does big damage to inflammation.
 This is a sinus spray.
 right after it was wiped off, Prozac came along.
 That's for sure.
 and you have a certain pH that your cells function at normally.
 Have you had any issues with, I don't want to say, let's say government authorities or the medical profession? Because you're talking outside the dogma that we're trained with.
 It's all money-based, everything.
 Well, if you read the studies, if you gain access to the studies, and you arm yourself, and I always preach this, we need to take charge of ourselves, not put ourselves in the hands of somebody with a scientific medical degree.
 government, non-government, layperson, professional, medical, non-medical.
 So they then quantify and qualify it at the end.
 The dog that I was giving the regular oil to did not.
 They drop enzymes.
 I'm finished.
 This is wonderful for skin infections, for hot spots on pets.
 I have no stake in North American spice whatsoever, but it's a product that I firmly believe in.
 fungus. And these infections aren't bacterial, they're fungal.
 But every single time without antibiotic use, which takes days for those to come down. And the protocol, veterinary protocol, is we'll try an antibiotic if it doesn't work because it's a very hard area for the antibiotic to get to. They do surgery and they remove the anal gland, which is traumatic forever after that point, plus expensive.
 And we'll be back for segment part three.
 I know it doesn't. I've read the studies.
 And drug companies, pharmaceutical industry, and the political industry, even though they gave him permission, went after him.
 Remember the situation with Al Tryptophan? Yes, that was Shrandenko's mistake with the GMOs.
 It's an honor for me to have Dr. Cass Ingram here just extruding with information and energy regarding your wellness and the wellness of your animals.
 I don't care if it's anything. When you're acidic, they love it.
 down to Mexico, you know.
 little sweetheart, Miniature Doxin, audience knows her, who chronically gets anal gland infections.
 I may be wrong in that, but I think it was ten years.
 And then I'm going to take a shot of the juice, which is the hydrosol that comes out of the other spigot when they steam distill it.
 That's how much I believe in it.
 had surgery.
 And I put the sine and regular in an empty bottle, a regular bottle.
 And if there's a little bit of burn to the lightning, okay, but it's not going to burn your tissues.
 It is saving lives and it will continue to save lives to the end of time.
 Well, we're soaking in information when we're in school, and we take it as gospel, and it is not.
 As you know, Rosen was prosecuted for faking 20 studies on Vioxx, and Vioxx killed 100,000, 150,000 people and ruined another half million.
 I was giving her oregano oil directly in her mouth and in her food and everything, but
 Well, I can say the oregano gives me so much energy.
 And the arm and the, on the opposite side, the arm and the leg are paralyzed.
 I get this sudden burn that I haven't felt.
 So once a month, I drop a drop in their ears.
 He ended up winning, and the pharmaceutical companies were trying to take his process from him illegally.
 So I say, okay, sinus, sinuoriga, sinuses, ears.
 We end up getting sick because we get this abundance of a pathogen and then they do their damage.
 I keep them when I travel. I leave the house and I'm using these things.
 And he's sold for years now, since what, 96? Well, I got sick in 89. And since about 1994, because of the oregano oil, I got back on planet Earth.
 And I've talked about this in previous shows.
 You can get it now, but it was wiped off.
 You're promoting this wellness and you've written a number of books all promoting wellness.
 And we know how our political system is and what's happening with it, sadly.
 You become almost an oracle, if you want to use that word.
 do a spray off and on, use the oregano oil itself orally.
 I'll tell you, I use this on my dogs in so many different ways.
 So people are still saying, yeah, he was our focus, so I'm telling them, make him your focus and make the future. Stop the cheating by doing write-in votes. You see, we could slowly, peacefully get the country back by bringing in handfuls of honest people, but the way we couldn't do it is because they'd cheat us in the machines or in the caucuses.
 Allow people to say what turmeric does. Allow companies to say what oregano does.
 Tucker and just got to keep going here.
 proven to be carcinogenic, to be undigestible, to be toxic, yet we're not even allowed to be told anymore whether it's a GMO product or not.
 And they did.
 after me.
 the crones, the irritable bowel, spastic colon, as well as sinusitis. You are 100% accurate on that.
 I believe in the Cures in the Cupboard, if not that, he's in The Miracle of Wild Oregano, but they're both important books.
 take hold and they grow.
 You could sustain yourself on raw milk and never have to eat and you would function and be healthy, yet they're going, especially the state of Maryland, going after farmers who are attempting to sell raw milk.
 Well, I'll tell you this, that there was no way I could be with you today and be productive without the oregano oil. Especially this.
 And man, this stuff goes right into the head, into the nerves, into the internal organs, and just oxygenates the whole system.
 And then they got it. I don't know why I even bother sending it, because it's that same federal autocracy that we need to eliminate.
 This is energy.
 Orally, dogs have traditionally a poor oral health condition. And a drop of this in the mouth really cuts down on the bacterial effect that's happening and slows the process down. And you can even put it on a toothache.
 you're going outside the paradigm.
 So, you know, it isn't really the bacteria that hurts us or it's the funguses so much it's the byproducts the waste products these
 Exactly.
 Let's talk about why that's important, and I'll make mention first.
 they were always getting fungi, no bacteria.
 And it's got the sage and bay leaf in it along with the oregano.
 of cook it out if you will. But no danger to us.
 in and it's full of fungus.
 So that goes into the brain, it goes into the spinal cord, and
 I can't move them, I can't walk, right? Tick paralysis.
 Well, what's interesting is we should be...
 and that's all you're gonna be is a beggar.
 Yeah, sometimes I've noticed that and people say, can I put that in an open wound? And I say, well, be gentle. I say, maybe start off a little clodal solar first. Actually, it's less burny than water.
 I'm a...
 that bronchitis and many cases of pneumonia, even colds, chorizat, congestion, clear drippy runny nose, and you have something so simple, hay fever as well.
 Are you familiar with Dr. Stanislav Brzezinski? Very quickly I'll tell a brief story.
 And then, of course, even there is medical use for marijuana.
 who have monopoly over coal tar drugs or petrochemical drugs.
 It's a film that you wrap luncheon meats in that's got oregano oil in it.
 In my case, I had to take about 100 drops a day, the juice, and also the OregaMax.
 oxygen gives you energy.
 And what I'm thinking here is, you know, bacteria, fungi, viral, they don't have teeth, but they eat off of us.
 It's safe for your sinus, it's got to be safe for your ear.
 And both the Canadian government and the U.S. government have directly said to my face, we're trying to find you, we're watching you, we're
 that changed my life and saved my life saved your life. But it didn't happen that way.
 So they give a double blind study is they take a placebo and a placebo, I'm drawing out here, and their new drug.
 and I made a batch of food that had some bad meat in it.
 Let's do it. Dr. Egan, we're going to go to a break right now.
 Exactly, you know, and I talk about this.
 Nobody wants to put anything irritating in the ears and this is against the irritation. It fights the irritation.
 50th of a cent a month or something.
 And I just drop it in.
 If we would just have an openness to allow us to learn about culture, civilization, instead of destroying anything that's in our way, then this would cost the human race tremendous.
 Whether we want to go and have a different treatment if we for some reason develop a malignancy, to go have access to our way of thinking or our beliefs, but we're denied that.
 Aspirin kills about 60 people a year.
 So I said, you know, they have a fungal infection. She said, oh, we'll put some of the solution in there and you wash it out. So I'm doing it for six weeks and getting worse. And I'm religiously doing it. So I get a little light bulb comes on.
 Absolutely. And this man comes from a point of view of being ill at one time and going outside this allopathic method of treatment and going into what nature's provided and the change in his life was dramatic.
 So something, this is called oregano, is something that can help balance that in the other direction.
 That bites good.
 And these two products I never leave home without.
 If anybody doesn't know about Doug Coughlin, take a look at his website. He's a real anti-fungal guy.
 I will preface this by saying oregano oil does not belong in the eyes. All right, so that's the one place, no matter what form of oregano oil you have, avoid the eyes.
 Right in Revolution.com. Right, which is basically right in Ron2012.com, which is great for Pennsylvania, for instance.
 Exactly.
 went on without skipping.
 It was just, it was.
 You get a secondary at some point bacterial infection possibly, but they're fungal in origin.
 I take, I get a, now usually the oregano oil comes with a pointed dropper, glass dropper, but I, some of them came for a while with blunted.
 don't even notice a burn.
 I sit there and go, sinew oregano. Who knew? I've never heard anybody say use sinew oregano in somebody's ears. It's the ideal way to do it.
 You just have to say, we have such and such. New formula. And then it's hit on you.
 We're just about to wrap up this segment.
 It's extremely high in this Hertz energy, this electrical energy. It charges the body.
 that it's an escharotic agent, oregano, or P7-3.
 When this takes care of those, it reduces that load and then we don't get sick.
 Most of these airborne pathogens come in through both our mouth and our nostrils.
 Yeah, I know he's helped some people I know of, but that's how it was with Hoxie.
 Well, a little light bulb again.
 You can't say that now.
 industry.
 It's amazing and it happened with myself as well.
 Disease does not grow, develop, proliferate in an oxygenated environment.
 GMOs, which is critical.
 I'm going to use the word infested.
 interventions, the bombing and killing, the depleted uranium, put a stop to it all.
 And therefore, the Ron Paul, let all of Pennsylvania cast a vote of redress for him, for example, as an example, as a fight.
 And we are going to do that because I've been diligently working for the last four and a half years to get him up and walking again and not do the damage of a basically almost incompetent medical person.
 Yeah, fluoride, exactly.
 If I do this as a preventative, so I take it in the morning, I'll
 And you travel on an airplane, you're in a group of people, whatever. Spray this before you go.
 In other words, it's like a disease, infecting the nasal cavity, the sinus cavities with fungal tentacles, penicillium, black mold, all that.
 I gotta tell you, I always advise everybody on that first initial squirt, go gentle. Do a few times because it is a burning sensation. But you know what's interesting? It burns good.
 That's all the rectum is, is a mucous membrane.
 I don't do this or that. I'm a chopping block.
 You can take it daily.
 just a chemical fact.
 Even when I take them to the vet for a checkup, yours look wonderful.
 Well, you're just a theorist, and so am I, trying to find out who's behind these conspiracies and the fact that they really do exist.
 Nobody even did the studies. And I got approved with a fake study.
 It becomes a protein that's toxic to us.
 I mean, it would benefit everybody to use oregano oil, to use the P7-3, to use the juice, to use this OregaMax, which saved me and continues to keep me going.
 If I was in practice and you came into my office and I said, I don't believe in fluoride,
 He always says fungus among us. Well, it is among us.
 found in like 250 out of 280, 90% of them had fungal infestation.
 The flower is a brilliant white. Every bee, every insect, every gnat descends on those flowers.
 And of course, we're not telling you to do that.
 Bronchitis is 99% fungal.
 Everybody that I've told about Sinu Orega comes back to me and they tell ten other people.
 go after you to do
 take out 150 drops of this P-73 and kaput. It eliminated it.
 Heated he might have been.
 to make people well.
 means that it burns the fungus.
 They were almost like overnight. Their ears were great.
 I think you got your voice across there.
 Very damaging.
 He was under the guise and the permission of the FDA.
 burns and irritates an open scratch, a contusion, an abrasion more than the irregularity.
 not connected financially to trying to endorse it.
 Exactly. So I drop this in there, and when I say within a half a day to a day, gone. And she may get it once or twice a year. So every once in a while, you know what I do? As a preventative. So do I love sinu orega? You bet I love sinu orega.
 And I think while that process is going on, that's where that extra burn comes from. It could be, and there's all that inflammation.
 So they got the stuff and they ended up patenting the
 So let me tell you about, well, I'm going to finish up on this with oregano oil.
 This is big oxygen because this is 12,000 feet above sea level.
 There should be no prohibition about the strategic use if the states allow that.
 She did not vomit, she did not have diarrhea.
 But anyway, you kind of triggered something in my mind over here.
 I mean, we could vote for someone that says we have every right to have raw milk, we should stop the raw milk police, get the feds out of our life, get the feds out of the so-called drug war, the war on tyranny, the war on terror that they claim, which is they're creating tyranny and terror.
 and we're going to take over the oregano oil business. I didn't know herbal medicine was going to be such a dangerous profession. Well, they're trying to stop with that codex to stop our access to therapeutic doses of natural things.
 So is that a conspiracy? I don't know.
 I'll take it throughout the day.
 Spray this before you go, no sickness as far as my opinion is concerned.
 They called it pathogenic.
 Sage is very soothing to the membrane.
 same origins.
 What if I was a spy for the American Dental Association? They'd go after you.
 Even just once a month, that's amazing.
 It sounds like a conspiracy, but the USDA asked me years ago, can you send some oregano oil and rosemary oil? We're interested in this.
 This oregano material is totally edible.
 And that's not a medical claim.
 and the X is anthenoxidase enzyme, and the skim milk, how dangerous that is.
 And they were fake.
 don't use fluoride toothpaste.
 are from the earth, you know, so you always get fungus, but it's the proliferation of fungus that's the problem, the mycotoxins that it produces.
 Apparently so.
 It's white lightning and it has that kind of power in your body.
 These are personal things that we do that we know that work.
 It had multiple years of antibiotics.
 It is amazing how much damage fungus does to our body.
 Do I advocate it? Again, everybody knows I have nothing to do with North American urban spice.
 something towards you.
 they did with Ron Paul. They cheated him out of Iowa.
 So we can destroy you and destroy your efforts.
 We've got to get the juice for the doggy.
 You need something for toenail fungus, for athlete's foot, for ringworm, and for the mucous membranes that will root it out.
 Then I saw them go like this, and I looked in, I have a scope, I looked in, and I saw
 This man was given authority by the FDA to investigate a non-chemical way using amino acids to fight cancer.
 Thanks.
 The fact that almost 100% of sinus is fungal, the fact that chronic earaches in adults is always fungal, and in animals, fungal.
 of that whole situation.
 and hydrogen peroxide should never be used because it's a carcinogen and it stops the healing process actually.
 Yeah, everybody knows that's the same with me.
 Those were the three products that put me back on the planet.
 I take chlorophyll all the time for that reason. It's oxygenated.
 If you have even an inflamed skin or a burn or a cut, initially when you put the oregano oil on, you get a little bit of that burn more than you would if there's no wound. Sometimes or not. But then it goes away.
 They put a patent on an oil of oregano based food processing product.
 You triggered that with that rap of a regular. She did not get sex.
 If the state representatives say, no, we'd love to have our farmers provide raw milk, there shouldn't be no federal cops involved.
 feet off of us.
 So I put this in their ear a few drops several times a day within one day.
 trying to associate you with oregano oil, making money and this type of thing.
 And it's so interesting is the drug companies have to go through double blind studies to bring a new drug on.
 I hadn't been giving it for a while to the other five dogs.
 energy didn't translate into those who are in power who have the monopoly who
 Please stay tuned to Let's Talk Healthy Pets with Dr. Cass Ingram and my little Tucker and myself.
 If I was in practice and told, I try to eliminate as much fluoride as I can, even though I was given the dogma that fluoride does blah, blah, blah.
 I'm going to take it a step further, and I'm not advising anybody to do this, but I'm going to tell you this is what I personally do.
 That's all I do.
 I use that blended dropper and I go half an inch up her rectum.
 Like who gives us this right? We should be able to choose whether we want whole milk, pasteurized milk, raw milk.
 See when you follow the money you find the reasons.
 They're the same and
 And we're not meant to be acidic, but our diets, the things we consume, our lifestyles tend to push us, our water even, our drinking water tends to push us through this acidic thing.
 minimum.
 mucosa in your sinuses, not so different from the mucosa in your ear.
 But what they say is, well, you know, fungus is among us all the time, as Doug Kaufman says.
 That's great stuff for physical stamina and energy. It's delivering oxygen. It is, because the water from the steam binds the oxygenated molecules from the mountain oregano.
 Even in my center console, I
 Our government spent $60 million of your taxpayer dollars to fight this man, put him in bankruptcy spending $2 million, even though they said no harm was being done.
 But I have a dog, Abby.
 Why should we select one of these lackadaisical, apathy-inducing, same old, same old, tweedledee, tweedledum, and think we're going to vote strategically when we've got a
 It's a life saver.
 It gives this, it does this.
 Even sinus infections, fungal, not bacterial.
 Okay, let's try it.
 But when I'm starting to feel a little funny or...
 So once a month as a maintenance, because medicine has become reactive. We need to be proactive.
 I thought everybody would get excited.
 The chemicals used for cancer does not have to be done.
 To end on the oregano oil and so forth, I just have a thought came in my head.
 So tell us, what is this? Well, I'm going to take a couple of drops, five or ten drops right there, of the oil.
 The blood supply is so rich there that when they come in, if our immune system is suppressed for whatever reason, we may talk about that.
 I would recommend them both to study oregano.
 I say, well, to me it's almost irrelevant whether it's fungal or bacterial, because I have a product here that works.
 He's in function today.
 GMOs, for example, genetically modified organisms.
 Oregano oil is a germicide.
 I'll chip the fan wiped off accessibility.
 If I'm not infested with any type of pathogen, it doesn't burn so much.
 a
 So for that millivoltage that they function normally at, you need oxygen for that to happen.
 McQuillan said representatives in charge of leasing for both Boylston and Wilder are out all the time talking to potential candidates and trying to figure out who the right folks are for the development. According to McQuillan, Arsenal Yards is hoping to bring as many local tenants as possible.
 In Massachusetts, the number totaled about one warrant for every 17 people.
 At press time, neither candidate turned in their nomination papers.
 Elmont is lucky to have her," wrote Caputo in an email to the Citizen Herald.
 Incumbents Andrea Prestwich and Jill Norton have pulled papers.
 This is something I feel drawn to," said Bennett.
 Thanks, Bob.
 Spice Delight, featuring North Indian cuisine, is now officially open under the leadership of owner Rusty Gill and his business partners Rahul Baga, Rajbir Singh, and Tony Padam.
 Anton Zopoulos said he voted in favor of the grade 7 to 12 school because he knows it will help solve the space issues.
 Watch and listen to the Talking News every day at 12 noon and 6 pm on Channel 96 Comcast Xfinity and Channel 30 Verizon Fios.
 That's the way it is," said Sgt. Joseph Escugino of the Waltham Police Department.
 In 2017, Brain Free Police Officer Donald Delaney was wounded trying to serve a restraining order to a Boston man who had an active warrant for domestic assault and battery, kidnapping, and threatening to commit a crime.
 Spice Delights menu, created by Executive Chef Singh, features items inspired by the cuisine of Punjab, where the men grew up.
 Norton, who was appointed to the school committee to fill the seat vacated by Tom Caputo, who won the selectman's seat last year, said she is unsure what seat she will run for.
 There's a long list of big questions that are on the horizon.
 Law enforcement agencies say they try to prioritize cases, but it's easy for some to fall through the cracks if warrants aren't served in the first few days or weeks.
 realized that to gain an in-depth understanding of town issues, you need to be willing to have your butt in a chair during a meeting, to dig for the right reports, and to reach out and ask questions. Town issues, she said, that she is most concerned about currently are traffic and communication.
 He became a town meeting member in 2003 and joined the Warrant Committee a few years later because he was impressed at how town meeting looked to the Warrant Committee for guidance when a significant question came up.
 as long as they don't cross paths with law enforcement.
 recently announced he will not seek re-election to a fourth term.
 I want people to enjoy coming to work because they'll want to work.
 She approaches every issue in a thoughtful way and dedicates her efforts to finding a solution that is in the best interest of our town.
 Judges are buried under their own caseloads and rarely have time to pick up the phone to call detectives on individual cases.
 He said that he hopes that the close relationship he has with his partners extends to the guests of the restaurant.
 He feels gratified by the support that he has received so far from people he has told about his decision to run.
 He frequently attends school committee meetings as a spectator.
 Selectman Vice Chairman Mark Pellielilio said Garvin has had a positive impact on town affairs.
 Along with my colleagues, Claire and Max, we thank you for listening to The Talking News and hope you've enjoyed the show.
 plans in store at Watertown's Arsenal Yards by Angela Toma.
 The father was caught in 2006 and convicted of voluntary manslaughter and sentenced to 15 to 20 years in prison.
 I love serving the people of the town," said Garvin.
 Open warrants have been a problem in the Massachusetts court system for decades, explained retired Judge Raymond Dugan, who served as an associate justice at Boston Municipal Court from 1991 to 2014.
 Bill said that he wants the staff at Spice Delight to be authentically happy to promote a welcoming energy in the restaurant.
 There will be 40 tenants in total.
 He owned another restaurant, Zahika, Taste of India, in Medford until just last year when a Wegmans supermarket moved in, taking over the space.
 I want to make sure Belmont remains a community that's affordable for a wide swath of people, at a place where people feel welcome and valued, she said.
 Enough to fill every state prison cell in Texas, Michigan, and Virginia.
 Santanzopolis said he is concerned about access to after school care in Belmont.
 Finding the right tenants for Arsenal Yards is a challenge according to Boylston Properties Principal Bill McQuillan.
 Her top priority in her new position was to listen before making any changes.
 Thank you, Max.
 Public Works Director Jay Marcotte said Garvin has been supportive to his department, particularly with the new trash and recycling contract, the new smart water meter program and snow ice trees operations, and has made several recommendations that they have implemented to better serve the community.
 I honestly don't think that will happen.
 mentioned both Roach brothers and Condesa Restaurante Mexicano as examples.
 I try to approach everything with an open mind and rigor and dig in.
 Many cases stay open for years, even decades, often forgotten as law enforcers and judges struggle to keep up with new warrants filed in courthouses across the nation each day.
 According to a report by the Worcester Telegram and Gazette, a Wicked Local sister publication, suspected killer and New York City native Omar Nunez fled along with his father Calvin Nunez after the fatal confrontation.
 She said there was never a typical day.
 Belmont's Town Administrative reflects on past year by Joanna Kay Zavala.
 wrote court administrator Jonathan S. Williams in a response to the record's request. Citing undue burden or expense, Massachusetts would not break down the warrants by original offense or provide any biographic information about the accused.
 Thanks, Flair.
 Peter Pantesopoulos filed nomination papers for the three-year school committee seat on January 14.
 His history of service to the town he has lived in for 24 years also includes being a member of the Major Capital Projects Working Group, Municipal Light Temporary Net Metering Working Group as the chairman, Town Administrator Search Committee, and Town Accounted Search Committee, and Belmont Light Substation Site Committee.
 Police since August 2017 have been looking for Cornell Bell, suspected of killing Michelle Clark of Weymouth.
 and over to my colleague, Claire.
 The trick is to attract tenants who are also new, fresh, and interesting, and provide consumers with a reason to look up from their screens and to go out shopping.
 Within her first week on the job, she saw opportunities for grants and she was able to enter Belmont into a community compact agreement with the state.
 She's very interested in moving projects and decisions forward, not letting them stagnate," wrote Cushman.
 That's what I've always wanted to do.
 Wilder Companies and Boylston Properties are the developers.
 warrants cross socioeconomic levels, but disproportionately affect poorer communities and racial and ethnic minorities.
 Madame said that the restaurant's management will be posting on Instagram, Facebook, and Twitter to engage with customers.
 Her professional experience is in non-profits.
 Most jurisdictions around the nation are doing nothing with warrants like this.
 Gill first entered the food industry selling wholesale pizzas to New England schools after leaving his job pricing mutual funds at State Street in the early 1990s.
 He wants all Belmont parents to have access and not have to rely on winning a lottery.
 The developers are looking for tenants who fit two needs.
 I needed to get an understanding of how the town is run before making any significant impactful changes," she said.
 And now over to Claire.
 Over to you, Bob.
 I'm hopeful something will come up and justice will be served.
 So far, McQuillan believes the request for local retailers has been successful.
 Stanford Graham was shot and killed in Worcester in 2002 after an argument with two other men.
 I try to get under what gloss people are putting on an issue and try to see what's really going on," said Bennett.
 An investigation by Wicked Local, Gatehouse Media, and the Columbus Dispatch found more than 5.7 million cases in 27 states with open arrest warrants, enough to lock up 83.1% of all Massachusetts residents.
 Her goals for this new year include creating a capital improvement plan and working with the town's new financial task force on a plan to address structural deficits.
 As warrants are issued, the majority are closed, but a number remain open for various reasons, such as individuals are in jail, have not been apprehended, have been deported, have moved out of state, or are currently incarcerated out of state.
 And now over to Max.
 Twenty years ago, on January 16th, Patrice Garvin became Belmont's first female town administrator.
 He also serves on the Public Works Police Department Building Committee, Community Path Project Committee, and Belmont Light Board Advisory Committee.
 Chantezopoulos has lived in Belmont for 18 years with his wife Olga.
 continuing with the same story, waiting for justice.
 Currently they operate 20 stores throughout greater Boston, Metro West, and Southern Massachusetts.
 retail business is very challenging.
 A total of $30,000 from the program is being used for comprehensive financial planning and long-term financial planning.
 She's skilled and interested in bringing separate parts or interests together to collaborate.
 Overall, records collected by Gatehouse Media showed one case with an open arrest warrant for every 32 people in the state providing data.
 To be nominated, each candidate must collect signatures from at least 50 registered voters of the town to be certified by the town clerk.
 While we have great respect for national and regional retailers, we hope to curate local retailers and restaurants into the property, he said.
 She is very effective at moving the town's priorities forward and has shown a real skill at identifying creative solutions to complex problems.
 Presswich said she plans to run for one of the three-year seats.
 Spice Delight will be located at 63 Concord Ave by Rachel Kelly.
 When we are trying to hammer out thorny issues like trash issues and traffic problems, we need to be approaching it with intellectual curiosity and rigor and a readiness to engage.
 Justice remains unserved. Special report.
 He also said he believes there is the potential to create a revenue stream for Belmont by managing its own aftercare program.
 It can also be heard Mondays and Tuesdays at 4.30pm and Wednesdays at 12.30pm on Channel 9 Xfinity and Channel 29 Fios.
 It's tough to find the time for some of these warrants or cold cases because police work is non-stop.
 And while many open warrants are related to non-violent offenses, serving warrants can be dangerous.
 The restaurant is located at 63 Concord Ave, occupying the space where Chinese restaurant Golden Garden closed in late 2017.
 He said he also supported selectman Tom Caputo, who ran uncontested last year.
 Ann Zopoulos currently works as a global portfolio manager for Apps Associates.
 She believes the current board has made a lot of progress and hopes to keep the momentum going.
 Epstein and his wife Joanna raised their two sons, Martin and Jacob, in Belmont, who both attended the public schools.
 Those responsible for serving warrants in Massachusetts law enforcement agencies often are drowning in other duties, taking time away from tracking down offenders. And new cases with fresher leads come into police departments every day.
 I'm trying to be more light-hearted and fun," said Garvin.
 Most people, especially those wanted for minor offenses, remain free.
 Bennett is the first woman to consider running since Alexandra Rubin ran against Selectman Vice Chairman Mark Paolillo in 2016.
 She is smart, hardworking, and a talented town administrator.
 When judges issue bench warrants for probation violators or for those who fail to appear in court, police often don't know about it.
 The food is going to be nice, of course, but there is a lot more to this experience than just the food," he said.
 He said his work experience would allow him to feel comfortable challenging budget line items that he has the expertise needed to evaluate actual spending and budget forecasts.
 I feel more than maybe almost anybody right now has been involved in so many of these areas that I thought it would be irresponsible not to at least try, said Epstein.
 Now that she has more familiarity with the town, we look forward to even better things in 2019 and beyond, wrote Dash, in an email to the Citizen Herald.
 Now here we go to Bob.
 For the coming of the new year, residents can look forward to the opening of some new shops and eateries nearby at Arsenal Yards in Watertown.
 according to the TNG. Omar Nunez was never found and an open murder warrant is still waiting for him in Worcester Superior Court.
 Without the charges, it's impossible to separate which Massachusetts warrants are related to violent charges.
 Padam, who is Gil's college roommate, said that he hopes to target Spice Delight's marketing strategies and social media posts to the interests of the people in and around Belmont to make guests feel personally connected to the restaurant.
 Selectman Chairman Adam Dash said that he is impressed with Garvin's ability to obtain grants and state funding and her ability to work with people and come up with solutions, such as the new location for the Belmont food pantry.
 I think the town is better off with a contested race.
 Bennett said she grew up in a working-class family and understands how tight money can get.
 Among those warrants, reporters identified nearly 240,000 cases involving violence, a weapon, or sexual misconduct.
 What this means, McQuillan said, is prospective retailers must meet a certain creditworthiness and have a record of reliability and longevity.
 She did this by implementing an open door policy with all department heads and planning events such as the Halloween Trick or Treat at Town Hall and an ugly sweater day for town employees.
 Bennett has lived in Belmont with her wife Stephanie Burt for 11 years, and their two children, ages 13 and 8, who attend the public schools in Belmont.
 We need to be really thoughtful about what our next steps are. Bennett said she wants to be a part of leading policy changes needed to help with the traffic situation and infrastructure.
 It just doesn't seem like much is happening. Bell was wanted on outstanding warrants for other violent crimes at the time he is suspected to have killed Clark.
 Broach Brothers is a local chain of supermarkets headquartered in Wellesley.
 Newcomer files papers for school committee. Peter Pantazopoulos filed nomination papers for the three-year school committee seat on January 14 by Joanna K. Zavellas.
 The reality is, I respect we all have different views.
 She currently freelances as a web designer and social media consultant.
 In Massachusetts, there are more than 390,000 open warrants.
 As of August 20, 2018, open warrants in Massachusetts accumulated to 390,383, dating back to 1970, according to data compiled by the Mass. Executive Office of the Trial Court.
 There are a lot of places with decent food, but it's the atmosphere which makes you want to keep coming back, he said.
 There are good days and bad.
 The 33-year-old mother, who had dated Bell in the past, shared a son with Andley Cribb, who was hopeful an arrest would be made.
 Thank you, Bob.
 Editors note, this is first of a two-part series.
 another candidate for the position, Roy Epstein.
 There will be two three-year and one one-year school committee positions on the town election ballot April 2nd.
 Now here's Max.
 Our job is to create a mix of people who satisfy the banks, who have lent us a lot of money, as well as satisfy the customer who is going to make the property and the project a success. So far, there are 13 confirmed tenants, including City Works Eatery and Pool House, Condesa Restaurante Mexicano, European Wax Center, Gap Outlet, Hampton Inn,
 Marvin was Shirley's town administrator for about four years before coming to Belmont.
 Town Clerk Ellen O'Brien Cushman said Garvin has been a wonderful addition to the town, its residents and its employees. In an email to the Citizen Herald, she wrote what Garvin has particularly brought to Belmont. She has created a general spirit of optimism and pride in working for the town of Belmont.
 People are stunned when they're stopped for a traffic ticket and then taken into custody," said Peter Ehrlich-Kahn, a Massachusetts defense attorney.
 Once the news of Mark Paolillo not running for re-election to a fourth term on the board of selectmen broke, within a few days two prospective candidates pulled papers for the seat.
 Burnett was also part of the steering committee for the Yes for Belmont 7-12 campaign and the 2015 Override campaign.
 And now over to my colleague, Claire.
 Epstein said that he has been thinking about running for the past few years.
 Potential race for a selectment seat.
 And now on to the talking news.
 Thank you, Max.
 long as the older students are kept separate from the younger students.
 The hours are long and the pay is low, and it's a big responsibility. Epstein would have supported payer Lillio if he had run again.
 A lot of people have asked me since I have a finance background to run for school committee, he said.
 Delaney lived.
 Chaga said that North Indian dishes such as chicken tikka and kebabs are often based on meats and breads instead of rice and lentils.
 I hope that serves me well.
 I had to be ready to engage with people in person and online about their concerns and questions.
 Epstein works as an economic consultant in complex commercial litigation and as an adjutant professor of finance at Boston College.
 She is a very skilled problem solver, wrote Peleliu in an email to the Citizen Herald.
 Many people face warrants because they were charged with a crime or even given a traffic ticket, but didn't appear for a court date.
 about Jesse Bennett.
 I think that's what I can bring," he said.
 Just to start with, the high school, DPW, police station, community path, are building projects that need to be completed and they need to be completed well because they involve a huge amount of money and they will have a huge effect, said Epstein.
 warrants pile up.
 Judges may have a hundred cases called in the course of a day, Dukin said.
 I don't really run this like it's a business, but more like a family.
 The development consists of more than a million square feet and will be comprised of shops, eateries, office space, 425 residences, fitness services, a Hilton hotel, a green space and a bike path.
 The courts are overwhelmed. The police are overwhelmed.
 to a warrant.
 We will return next week for another edition of Local News Happenings Around Belmont.
 She is very customer resident focused to provide a high level of customer service.
 If you're arrested on a Friday evening and court doesn't open till Monday, you could be sitting in lockup for three days.
 Town meeting member Jesse Bennett pulled papers on January 9th, and Warrant Committee Chairman Roy Epstein pulled papers January 11th.
 Bennett was also recently appointed to the Transportation Advisory Committee.
 He received his Bachelor of Arts degree in Economics from Wesleyan University and his PhD in Economics from Yale University.
 It's a big step, he said.
 Listen anytime on the BMC Podcast Network on SoundCloud and iTunes. Just search for the Belmont Media Podcast Network.
 over to you, Bob.
 Two prospective candidates, town meeting member Jesse Bennett and Warrant Committee Chairman Roy Epstein, pulled papers for the seat by Joanna Cates of Ellis.
 However, he is concerned about the open campus policy, safety and security for students in the new building, as well as safety of students walking and biking to the new school.
 He said he has been thinking about running for two years and believes his finance background would benefit the school committee.
 Had Ma continued, I would have been delighted, he said.
 She considers herself a pragmatic progressive who knows how to talk to people, listen to people, and think for herself.
 A year later, Yarmouth Police Officer Sean Gannon, a 32-year-old K-9 officer, was killed trying to serve a warrant in Barnstable.
 Gill said that the restaurant projects a simple elegance with its clean modern style and traditional Indian instrumental music playing in the background.
 I hope that those are some of the qualities I'll bring to it if I'm chosen for the job. She said her work on the marketing side of the override and debt exclusion campaigns helped her get to know the issues inside out and upside down.
 candidates a better in a contested race, he said.
 Selectman Tom Caputo said Garvin has been a wonderful addition to the team at Town Hall.
 Others were convicted but violated their probation.
 Jesse Bennett, town meeting member, precinct one, pulled papers on January 9th for the selectment seat.
 In addition to these projects, he said there's a very long list ranging from school to capital projects to town budget and much more.
 You need someone who is confident and has that knowledge and is fiscally responsible.
 It's very unlikely that judges sitting in sessions day after day are going to remember all the stuff that comes up.
 That's what my approach to life in general is, based on, he said.
 nothing," said David Kennedy, professor of criminal justice at John Jay College of Criminal Justice in New York City and director of the college's National Network for Safe Communities.
 Authorities issued a warrant when they have evidenced someone committed a crime but haven't yet located or arrested the suspect.
 Arsenal Yards is a mixed-use development located at the former Arsenal Mall site.
 Law enforcement officers across the nation say the best window to catch a fugitive is within the first few days of the arrest warrant being filed. Judges, police, lawyers, and reformers use words like flood and fire hose to describe the torrent of warrants.
 Interviews with judges, attorneys, and law enforcement officials from across Massachusetts show a large portion of the unserved warrants stem from minor offenses, such as not paying a parking ticket,
 We want people in here to be looking less at their phones and instead to be having conversations with their families and also with the staff, he said.
 Her creativity and management style has allowed Belmont to move forward in 2018 at a staggering pace.
 has been a problem attracting candidates even for town meeting and I think it's unfortunate.
 She also wants to be part of addressing other infrastructure issues in town that are so important and is very focused on the quality of life issues.
 We put in records from all 50 states, but 23 did not provide usable data.
 In addition to her experience with Town Meeting, she is a member of the High School Traffic Working Group, Burbank PTA, Chenery PTO, part of the Townwide Safe Routes to School Group, a board member of the Foundation for Belmont Education and the Belmont Afterschool Enrichment Collaborative, BASEC,
 First they have to keep the banks happy.
 Another goal she had was to change the staff culture.
 The search continues, but Cribb says it feels to him like the effort to find Bell has deteriorated.
 Locals Ed and Rick Roach co-own the company.
 We are at a moment ripe with possibility.
 We all have to work together on the things that really matter," said Bennett.
 Thank you, Bob.
 She was in the marketing department of Beacon Press for six years, and prior to that helped run a literary magazine and book festival in Minnesota.
 Millions of Americans are wanted on criminal arrest warrants, including hundreds of thousands accused of murder, rape, robbery, or assault, while victims wait for justice.
 The data was provided in response to a public records request by Wicked Local.
 Spice Delight is open Monday through Saturday from 11am to 9.30pm and Sundays from 11am to 9pm.
 I like coming in knowing I'm going to make a difference to improve people's lives.
 Criminals run free while authorities drown in open arrest warrants by Mike Wagner, Doug Caruso, Daphne Chin, John Fute, and Eli Sherman.
 I'm not giving up, he said.
 North Indian cuisine comes to Belmont.
 They have a five-year-old son, Elias, at Wellington Elementary School, and a one-year-old son, Evan.
 In addition to serving on the Warren Committee since 2007 and as its chairman for the past three years, Epstein has been a town meeting member, Precinct 6, for more than 10 years.
 this world of e-commerce, we have to work very hard to find the right people in the right stores," McCullin said.
 Accomplishments in Garvin's first year include finding a new home for the Belmont food pantry inside Town Hall, applying for a grant of up to $400,000 annually from the state to fix sidewalks and streets with the Complete Streets Policy, applying for community preservation funds to design a community path, hiring Assistant Town Administrator John Marshall, who will focus 90% of his time
 Thank you, Claire.
 with a very large bill and still a dog that I needed to know because I love this dog, part of our family. What was wrong with her? What caused this to happen? And how do I prevent it from happening again? So what did I do? I called you. And we started a whole routine for her and she's become healthier. She's
 into that. I call it now Frankenstein medicine and I'm not knocking it.
 Exactly.
 So cats are even more particular to the protein source that they're getting.
 I did the research.
 We ingest pathogens, bad bacteria, viruses, fungus. That stomach acid kills them and actually is part of your protective mechanism.
 It actually alkalizes your body, which is important, but it adds stomach acid.
 They need to be hydrated. Dehydration is one of the worst things we can get into.
 If you are low on acid, you are not making that buffering component.
 We're kind of going back and forth between good health for people, good health for pets.
 and we're consuming it.
 Let's talk about, you and I have talked a lot about good health.
 But see
 I don't read any documentation on literature-wise at all.
 I love to have fun in those forms.
 It is well, a fair injury.
 If you were to add too much, what you end up getting is a little soft stool.
 at millivolts.
 We eat cows fed by corn. Besides it being GMO corn, we're eating starch in the meat because the cows can't digest it.
 Potatoes are not good for your dogs.
 These bugs don't come out of the... We catch viruses in the air and in the drinking water and food and bacteria.
 oxygen to your organs and your tissues and so forth.
 I want to fight for life.
 I don't want to repeat any behavior that may have caused my dog a problem in the first place.
 up the label somebody puts you under, you are that. And you're not a diabetic. You're
 And five years later I walk in to my primary care physician, an internist, and he says,
 And I'm
 talking about taking your vitamins, taking your supplements, those are all important things that they need because they're in a very crucial time.
 water called real water that they infuse with ions that are stabilized. It's an 8.0.
 So you're actually sealing your cells off from nutrients going in and out. Never touch it.
 You have a disease that you're diagnosed with and you're doing these conventional treatments, whatever, whether they work or not.
 And we're going to talk about how it even implies the next topic, relates to the next topic.
 pay for them. When I made my own food, I would throw in sometimes carrots, sometimes kale, every once in a while a little bit of rice. They can handle it.
 to school and I get this dogma that says fluoride, Tucker's saying hi to the camera crew, fluoride prevents cavities. I don't
 I saw him on a Saturday from a pond.
 They want you to maintain a healthy lifestyle outside of their office.
 When you have chronic pain, you are at like... It doesn't stop.
 What I would suggest you do is, if you have coconut oil and it's liquefied because of room temperature.
 I never knew that. I never do that. That's.
 then I eat a steak. Because of our needs and the reconstruction of these amino acids. Without stomach acid, you do not break those down into amino acids.
 It's off-gassing, undigested food.
 to your coughing child upstairs.
 You have to be go.
 Okay. Now it can be deceptive.
 And today there are new vaccines that could save millions of more kids.
 So when the body adjusts to what it's consuming, even though that stuff may be not so good for you,
 He's going to the bathroom all the time.
 And I do want to, we're going to have some interesting topics that we're going to be discussing in this show.
 you know, all that stuff.
 But if you look at it, you have to really know how, just like for your own food, you have to know how to read the label.
 when we come back from that break. There's plenty more to discuss. There always is with you. My goodness. I guess
 electrical energy machine.
 you really not a lot of fruit, but they can eat some vegetables. So there can be
 80% of us are zinc deficient.
 you are putting your hands into someone else, and that's okay.
 That's right.
 Why would you turn something over to somebody else and say, take care of me? It makes no sense to me whatsoever.
 That's exactly right.
 And we can't do it now because we've got like two minutes left probably.
 During World War II, when the Nazis were in control of everything, they were adding fluoride for mind control.
 I want to make sure that nothing takes that dog down or takes my child down or my husband down.
 And the dogs like them, right? And the dogs like them. Yeah, it's not like you're feeding a kid. The dog is going to eat. We're talking about dogs that eat just about anything, right?
 are a few products where they use more choice meats and they freeze dry it, grind it up
 And if you were to ask me,
 things that you had me do was to introduce some oils and we started with a fish oil.
 Should it be like the solid or is it?
 little bit over top of their shoes.
 So, you can talk about raw food and cooked food.
 for you.
 And it
 Right.
 This show was about inspiring you, inspiring you to take charge and to look at things.
 of the prosper.
 sent me home and said, get your affairs in order. You need to. Wow. Five years
 Or I'm surely not going to go into the politics of all that's probably.
 That's the key. That is. The key is taking charge of your own health.
 then you start defining yourself as such. And then, you know, that's almost a defeat of attitude.
 own your health.
 of cells is food filled with ionic solution, liquid solution. What is a.
 you
 International disasters occur frequently. Compared to donated goods, financial
 as much as you can. One of the ways is using pH water, meaning water that's at 8.0 and 8.5 and 9.0. How is that determined and how do we know? I've actually done self-testing on many bottles of water because I bought an electronic pH meter in my research.
 Canola oil is, besides being toxic,
 I love doing this with you. You know, one of the things that's so important is good health. And whether we're talking about our good health or our pets' good health, it's all relatable. I mean,
 course but it all made sense.
 How are you living? What are you doing? Sometimes we do things that abuse ourselves.
 You said it to your dog's water or your cat's water.
 Wow.
 I don't care if it's cancer, I don't care if it's diabetes, I don't care what it is.
 saying, and it's absolute truth, you
 an answer to how you do that.
 He's not the best meat for us either.
 really into this.
 My friend Ed Sokowski.
 to have a little bit of fun when I go to the doctor's office because I mean they do they have these files on you and they can't possibly get to all of that and
 Thank you so much.
 You know.
 I called him because I asked the nurses at Allegheny General Hospital, who do the doctors go to? And right away, I made the appointment. I was in my dying state.
 In fact, Europe doesn't use fluoride in their drinking water. And there's no difference whatsoever in the amount of cavities in the United States and in Europe.
 No, it's actually taught to us in medical school. All right
 brought the final thing on.
 don't even think about it. Exactly.
 If you look at us, for example, we have teeth that tear.
 I don't want to label myself, and I'm not going to allow someone else to label me either.
 with the money in the medical system.
 have the utmost respect for anybody in the medical field.
 It's a toxic waste thing that when it's hauled down the road, it says toxic, yet they throw it away.
 And that's really what we're trying to do.
 You sound like a country music song.
 I'm sorry, I never.
 I had that experience myself over the summer.
 and
 have to use some form of meals. So it has to be.
 I think it's critical.
 Cook him in again, vet said distemper, nothing we could do.
 We're very fortunate here, especially in Pittsburgh, to have some of the, I think, greatest doctors in the country.
 the reverse can be said as well.
 That is your cells going down to a minus 50.
 And you need a little bit of omega-6, but omega-6 is actually inflammatory. And where there's inflammation, there eventually is disease.
 with an apple.
 I've got my own problems to worry about. Those people in Africa don't want to help themselves.
 just an adjustment.
 diet makes us deficient in stomach acid.
 So, yeah.
 What we have to say is important and our voice does matter.
 Ion donator, you know positive is really bad. That's a
 We're gonna do a kind of a different show today.
 the disease and sickness, everybody knows. They know.
 She said, dad's in the hospital, and he's had some.
 is a vegetarian healthy?
 for that.
 So, you know, you take the old food and you integrate the new food in smaller amounts and then over a few days, five, seven days, you start increasing the new food.
 writing a book maybe to clear out my mind.
 So if you're in trouble, have somebody around that can speak for you sometimes.
 attention more to you than someone that loves you or yourself.
 exactly as you said.
 all the way back to the drug companies, to the food manufacturers, to the water suppliers, all
 At one point, our dog was very sick.
 Your physician doesn't know you. They see you for three minutes.
 There's a wonderful supplement that you can add to any water to take it to an alkaline state.
 So every other day I take those to increase the amount of my stomach acid.
 So you need stomach.
 corn is the worst because most corn is GMO, genetically modified organism.
 You can help us. Give $10 by texting OXFAM to 257-425-4255.
 If you have time for all of that, you certainly need to make time for your good health.
 At the time, I was living off of fluids.
 being forced to say that I have to wear my seatbelt. All right, same thing with
 I have maybe a total of five minutes of memory that are bits and pieces.
 You want to cure cancer if you're sucking in that much money? Well, I understand. Where's the incentive?
 I found the data.
 But I did things like that.
 and I mean meat, you can use chicken, you can use fish, whatever.
 You'll say why what why because it's one of the ingredients in brownies. Well brownie canola oil. There's no such thing
 breath of air shouldn't have a price tag on it.
 So there's a purpose for those minerals, take you to an alkaline state. Amino acids take you to an alkaline state.
 I tend to stay away from products that say the word meal.
 The very first ingredient is beef, and it goes on. It's more than just that. It's the beef liver, beef kidney. Then there's apples in here, chickpeas, a lot of protein.
 balance of six.
 knowing that I'm doing the best thing I can for my dog, my cat, myself.
 are what you eat, you are what you accept.
 call from a lady in California.
 You want to be a responsible person. You can't look to blame a doctor or a facility.
 I want to be a professional actor in movies and in plays.
 Because sometimes
 My name is Rose. I'm a friend of Ed's.
 So as far as I'm concerned, even a human should eat very small amounts of grain.
 Not all water is quality water.
 A bunch of things go awry as a result of that.
 hopefully you will look into some of the things that we're talking about today.
 Sounds like a conspiracy.
 I say, from two different doctors, she says, no, from the same doctor. You can't take them together, tell.
 Let's talk healthy pets.
 Yeah, Yvette was certain Yeager would not make it.
 Once that happens, they kind of change their views a little bit, although they are so cautious because they can be reprimanded and hand slapped.
 walking around with candy bars and yeah exactly well brains and all of that stuff
 I've come across what's behind everything.
 I remember as a child feeding my, the first dog that I was old enough to remember, we bought these hamburgers that were pink and had yellow cheese lines in there.
 is actually in the skin.
 He tells me to do that all the time.
 It's basically a lie.
 Personally, I say allopathic and traditional, what we call...
 I thank you so much for giving me an opportunity to talk.
 And I have a ton of restrictions because my immune system is destroyed.
 Absolutely. What's important about fish oil, same thing for us, same thing for them. You have DHA and, uh, uh oh, DHA.
 You have an electric potential.
 sense.
 I used to harp on you all the time.
 Wow.
 It's putrid stuff that's rancid and rotted and everything that they throw at the floor where they're cutting meats and then they put it into your pet food.
 Now we need to talk about how you do that.
 When you're low on stomach acid, you're more vulnerable to these pathogens.
 If you start feeding grains and corns and things that they're not supposed to eat, they can't handle it.
 The country uses geothermal steam to heat homes and outdoor swimming pools, which leaves the air clean and clear.
 While you're detoxing, you can go take liver enzyme tests, kidney enzyme tests, and they'll all be elevated.
 shocked me because it was difficult to get.
 I'm not sure.
 sick as I was, I went, what? Now here's me, you took out the diseased area and the trauma area and I'm fine.
 Exactly.
 And the whole time though, what I did was I went outside of what I've been trained to do, you know, what I call now Frankenstein medicine.
 for the case of trauma or for diseases that get out of control.
 Because there is mercury that can get into this.
 of asthma and hospitalizations and respiratory problems.
 I do the same thing. Eating greens, dark greens, chlorophyll.
 I will tell you that I own my illness to a certain degree because my lifestyle was not great.
 certainly more corn in that ingredient, in that product, than meat. Because in the cooking process it dries out and you have less meat in there. But for the most part, and it's not 100% the case, they're not taking the quality meats that we might eat and putting it in that food.
 The MRI actually, which I don't know if that's really that healthy, reverses those poles temporarily.
 And then here is a salmon bite. It's Alaskan wild salmon.
 Did I say olive oil was a negative six?
 true for humans as well.
 you can do.
 probably don't even get a day of nutritional training.
 So.
 I wanted to say something, too, about the doctors. We were talking about doctors.
 to gradually introduce.
 11 to 19 percent, depending on what study you read, you can't get it from a vegetable source.
 Protein is actually a foreign body to us that can offend us and cause symptoms of allergies, flu.
 I know a lot of physicians, a lot of people in the medical field. They come in initially with the idea to help.
 And then when we looked at her and said, how can you be a nutritionist? Basically, our eyes were bawled out. To be 150 pounds overweight and you're telling me how to eat. And she said, don't do what I do, do what I say. Oh, well, that's a bad picture there. But we are in a center of good health care.
 if that's possible. But so in the end, and that goes back to what I had called you about, I so much wanted you to
 healthcare system that's coming up?
 Naturally, we took her, because it's a Sunday night, we took her to a facility to have her looked at.
 for saying that.
 giving totally my opinion.
 studies are, we're not told that. And we're told genetically modified food is good for you.
 filling out so great. When you get
 It's proactive.
 Tennessee State
 stomach. And it's really interesting.
 You go down, you go up.
 time to study and I wanted to save my life.
 I have not been in practice for a while.
 Reiki, I'm at a loss right now, acupuncture.
 So you ever heard this word, lie food? That's part of what lie food is.
 these fillers that are in there.
 That's not quick. It is taking effect.
 Yeah.
 And that stomach could be grasses and leaves and greens and whatever.
 And when we come back, we'll have a lot more.
 Let's see. Oh, yeah.
 point two, they actually go higher than that.
 So why do you hand that over? Why do you, you know? It's like you would hold on to that and never let go, really. Think about it.
 In that moment, when you have added up, when you added up, you say you did five blood tests and over a period of two years and you see this constant marker, then you start to suspect, okay,
 As far as I'm concerned, my pet is a part of my family.
 So kind of crossing over today, talking about staying healthy as a human being, but also keeping our pets as healthy as well.
 learn things differently.
 get to a minus 20 you're in a chronic disease state. When you get, I mean not the minus 20, a plus 20.
 amount.
 they are and we believe everyone should have the opportunity to realize their full potential.
 In fact, it was just an adjustment.
 an uncle, my aunt calls me and says, Uncle Max is in the hospital, he is dying. What is the matter? They do not know. What is his medication? She gives me the medication. I say, and Jane, you cannot prescribe this medication with this, they are contraindicated. She says, well he has taken them, and I said, by two different doctors? Because sometimes we are so compartmented, specialized in everything,
 Basically what I'm doing is giving my opinion, not advice.
 don't like the idea of fooling around with life.
 Call me crazy, but somewhere in that canine brain, he knows that we saved him. He's a loyal, wonderful dog.
 What I found is that any physician, any medical person that is into the holistic or the more natural side of it has had trauma themselves in one way or another that didn't get addressed. Or someone they care about.
 study it.
 and she had health problems all along as a result of it.
 Here's the interesting thing, a baked potato is nothing but starch. That's all it is.
 you need to really address it.
 hear anybody talk about it.
 safely.
 Yager beat this in two weeks.
 I, in conversation, told Rose I was writing a book. And I wasn't necessarily writing a book to be published.
 You need an advocate for yourself.
 I recommend all the time that when you make changes, you do them gradually.
 you know. Is a vegan healthy? I would tell you
 Alright, so listen to what happens when you shut down your stomach acid. You consume protein.
 when they wanted to put me on those junk calcium building pills.
 really shouldn't get any.
 of them children under the age of five. But Oxfam is there in East Africa saving lives with emergency food and water and you
 I mean, you know, when you think about it, we have time for our emails and the texting and the television show that we can't miss every week.
 Okay.
 digesting my foods, making the proper amino acids.
 She was motionless, she was not responding.
 of times a physician's assistant sees you longer, you know?
 money and illness. Follow the track of money.
 restaurants fry, fry their food or vegetable oil should never be consumed.
 For more info, go to CIDI.org.
 You can go online and Google alkaline foods and acidic foods. And it'll give you a list. Meat products are acidic, but you need a certain amount. But you do want to have a good vegetarian diet on top of that, of these dark green leafy things. And then supplement yourself with, most supplements take you to the alkaline state.
 Yeah, they're raw
 I did things sports wise that were hard on my body, tearing cartridges, breaking knees, doing things like that.
 What I say the first ingredient should be meat.
 memory is my, the surgeon that saved my life and doing the surgery that he did with my situation in my intestines, he came in and I said, when I'm able, and mind you I was in no condition at the time, I said,
 the incentive.
 So I took charge of myself and I started investigating what my body needed to survive.
 I resent that.
 Someone that's been in the hospital for a while.
 Really, it starts with you. Yes.
 saying that's absolutely true.
 All right.
 I know, all the time.
 when you buy a package, let's say in a health food store, because there's a lot of health food stores that you have come to trust over the years, and you buy an Omega 369, they put the right
 to pay it to the veterinarian or you're going to pay it in grief. So I'd rather pay it up front and be happy about it.
 the emergency room doctor that he's on these two medications. The guy says, you can't take those two medications, takes them off of it. Wow. He walks home. Wow.
 just kind of giving this as information to make you more aware or to enlighten you in
 Let's see that
 We'll be right back with Let's Talk Healthy Pets.
 But that change is dramatic, and you see it in the coat. You see it in the reduction of hot spots and so forth.
 As you go, minus 5, minus 10, minus 15, minus 20, you have chronic disease. Alright, that makes sense. So how do we keep this voltage? Well, number one, you have to be hydrated. And you have to drink quality water.
 you don't have stomach acid you can't have the electrical potential.
 so they can be anything they want to be.
 it upsets their stomach and I was wondering, and that's what stopped me actually.
 it up into the pet food industry.
 of the kids stay.
 I don't know if you were doing that, Ana.
 So we in America do things to shut down our stomach acid.
 firmly believe the dog would have been dead if we
 So they are, and that's the separate they do, their hands are tied.
 Right.
 Thank you so much for watching.
 requires more. All right and that makes
 what you want to look for even in a treat because you know I was talking to you before I had changed my dog's diet and so but then I didn't change the treat which
 My dogs personally get a product called the original dog food company and it's organic, free range, grass fed beef.
 Look for me to give you the answer.
 about that hopefully in the next segment. But electrical potential is stored in
 And it's always a pleasure to see you, of course.
 90% of your immune system is your intestinal tract, a healthy intestinal tract.
 I don't use fluoride. I avoid it like the plague. But as a dentist, if you came in my practice and I said don't do fluoride treatments or don't use fluoride, I'm suddenly in hot water with the powers that be, yet there's no basis for the use of fluoride.
 looked to another angle, see, personally, and it worked.
 Suddenly you're masked as a problem with liver and kidney.
 I had someone who told me that I was going in for an x-ray and they said, can you wait? We have to plug the x-ray machine in and wait for it to heat up.
 of walls that I hit was I have three weeks of memory loss.
 to eat meat. Their intestinal tract and their stomach is designed to process that meat. So when you
 Reykjavik is a charming and safe city to walk with a small town flavor and warmth and cultural richness.
 If you see the word meal like chicken meal, it's usually not the best quality.
 critical.
 So they have a higher amount of stomach acid because what do they eat? Roadkill, live animals that may have diseases and so forth.
 a M&M's and potato chips and drink a Coke for many a lunch.
 it's the waste products. So you have to really study the packaging and see what's in there.
 We are electrical energy.
 There are two things that you essentially need. Dogs need it as well. But while we're on the subject of fats, you have to get a quality fish oil while you're at it.
 My lungs are shot, my hands are numb.
 a bottle of water.
 And you know.
 Healthcare insurance is not healthcare insurance.
 night he said
 We're giving more control of ourselves and our health and our wellness and our life into the hands of perfect strangers.
 The documentation is there, but let me tell you, Prozac, based on fluoride. There's fluoride in Prozac. Why does there need to be fluoride in Prozac? Because they know that fluoride does something with your mental capacity.
 keep him comfortable and I'll read what she said.
 I think I prefer quality of life. And I have to say, too, that I have put a lot of this into practice, things that you and I have talked about over the years, and I can see a difference. And even with the supplements, if I miss a week or if I was away on vacation and forgot to bring them with me, I can feel the difference.
 It's reactive, not proactive. And we need to be proactive.
 and some lettuce in it and things like that.
 So anyway.
 say this about the animals.
 In some cases.
 Yeah, you do.
 Somehow the track changes because they are mandated by licensing laws. The ADA, the medical society, they all put these guidelines forced on you.
 But then again it's all based on chasing the dollar.
 if you're not eating animal products and quality animal products, you're not getting the aniro...acro...acro...okay.
 What happens is our stomach acid breaks those proteins down into amino acids, then you're
 you this new food.
 I can understand that for a human being.
 absolutely amazing.
 the results are finding that they're toxic.
 So when you start going up the scale toward the positive side, you go from a, let's say, minus 25 and you get to a minus 5.
 So, one, two, three opinions, go for it. I don't say you look at a yellow pages to find someone, you talk to someone who is going to these people and ask what their experience has been and how things turned out.
 And I'm not speaking as a medical professional.
 You know, in my opinion, they did save her life because of the
 Yes.
 But what I want to stress is that, yeah, it's one more step. It's one more thing.
 When we talk about pets and their need for fats and oils, is it because they're not out there in the wild and killing and getting those natural fats and oils from?
 You lose it.
 the pure protein. They're not getting
 So, persons in the medical profession such as myself that has this degree and this licensorship, and I want to put this out.
 care, nutrition, supplementation.
 to the change in your hair, your skin, everything.
 Allopathic traditional medicine was not saving it for me.
 yeah, there's kidney damage.
 I want us all to be healthy and doing well.
 say that the dog likes this one a lot.
 But our diet that we've been feeding them has changed a lot of that.
 important. Exactly. It's something that you
 If a cat kills an animal, it doesn't eat the stomach contents. A dog may.
 We're going to go ahead and go to rake.
 I am saying to you, the audience, that you're welcome to investigate what I talk about, to run with it, to ignore it, to talk to your medical professionals about it.
 talking about life.
 One doesn't know what the other one's doing.
 proud to launch to have
 I think people need to know that, that there is an adjustment period sometimes.
 It's so important that you stay healthy so that those that you love stay healthy as well, whether they are your spouse, your children, or your pets.
 taught different ways.
 to minus 10, you start feeling sick. When you
 and absorb it, you just expel them.
 Narcodenic acid only has, and it's.
 they were called, but it was like feeding her clay and garbage.
 You nuke a potato and you've lost any value.
 So I would tell you that a majority of people are misdiagnosed as to their health of their thyroid.
 take other people's word for it.
 Okay.
 in allopathic medicine.
 acidic.
 When food moves into your small intestine, the process is reversed. It goes to an age where you're paying attention.
 I didn't know that.
 you add up and say you do the pros and cons. Well, this may work, this sounds better, this
 One of the things about acid that's so critical, you know.
 thing that I always recommend is Bragg's Raw Apple Cider Vinegar.
 want to make sure that they are getting the best possible opinions and attention. Really, it's attention.
 doing much she's 100% better right now and again
 There are times you need surgery.
 I'm waiting for the guy that notices or the woman that notices that. That's what I'm waiting for.
 This is the sweetest little dog and Tucker has been very very sick. I mean
 there is something. The allopathic medical field said nothing we can do, go home and die. They said I want to try to do something and they
 dogma that's passed down to me.
 And also, when you eat organic, it gives you the food that you were meant to eat.
 and how a lot of it really can have to do with your stomach and stomach acids.
 want to take care of those that you love, whether it's your pet or your children or a spouse, then you need to be healthy as well.
 And the thing is, when it's somebody that you care about, again, most people want to fight.
 It's not like they're you're under attack all the time. You're under
 I was doing all this stuff. And he tells me, well, if you take too much vitamin C, you'll get kidney stones. Well, so somebody along the line had mentioned that to him.
 If you add too much, like for example you have fish oil, I would say a teaspoon to every 25 pounds of your animal.
 actually
 make from it is starch that goes into the meat.
 They're freeze-dried. They're grain-free, which means they're gluten-free. They're potato-free.
 In the end, if you were to pass and cross over, your position goes on. It feels bad and goes on.
 But zinc is extremely important for all our functions in our body.
 So you look at the first ingredient being a meat product.
 And when you talk to teenagers too, I mean, we're talking about our pets and how we care for them and our children as well. What we're telling them to put in, you know,
 advertise it as like a 9-4.
 plastics and pesticides are at the lower wall.
 about that. Every six days, every five days I was going to a physician.
 I probably believe we have a creator and I believe we were created in a certain way. When we support that way, we prosper.
 for you for that matter.
 You're not a cancer victim. You're not those people.
 So, and we're going to talk in the next segment about this electrical potential I keep wanting to talk about, but it's too little premature to talk about it now.
 they come up to the normal regeneration state after they've regenerated? The throbbing stops.
 So if you want to begin to introduce fats and oils into your pet's diet...
 It's amazing how it's combined with the bitter and the sweet so that you go for it and you're getting the minerals that you need.
 I don't read a study.
 about 10 months, a German Sherwood-haired pointer mix.
 I wanna see you in there all the time.
 And I'm going to turn the show over to a very special guest host. There you go. And my close friend Rose Tennant.
 And if you start to even investigate things online, and you know, of course online you have the things, you have to discern what's right, what's bogus.
 So they're putting him, they're now prescribing him a pill to stop him from going to the bathroom.
 Go to one.org and join the movement.
 And then all of a sudden you have receptor cells, you have different enzymes and different bacteria within the structure of the intestines and so forth.
 stomach acid reflux is not amounts of acid back upping under your esophagus, it's
 I just think that every day we're threatened.
 The more negative you are, the better you are. To regenerate an injured cell,
 So when you're looking at a bag, let's talk about that, and I want to talk about organic versus any other type of food, but when you're looking at a bag, what are they looking for? What should we be looking for? Well, for the dogs, you're looking at the first ingredient, which should be meat.
 you need to take some responsibility yourself.
 Because what we say about the dogs, we pretty much say about the humans.
 So how do you take charge of yourself? You educate yourself.
 you can do an EKG. That's why
 some vegetables in that mix. It's okay.
 We will not absorb zinc without stomach acid.
 And I forgot to bring them.
 And we have certainly a lot more information to bring to you. We are going to take a break.
 If you remember for my dog, for Spike, I would use an eyedropper and put some oil on top of her food before she ate it.
 Depending on room temperature, it'll solidify or if it's warm it becomes liquid.
 When you give a healthy tree, the tree is nutrition.
 Now, there
 Anyway, add it slowly.
 put it in a lot of food. But here's the weird thing. In the research that I've been doing for quite a long time,
 fight for it.
 So about 85% of my immune system is gone.
 So I would tell you to start investigating it, start investigating why we shouldn't consume fluoride, why we shouldn't consume chlorine, and then look into supplements. Just pick a supplement and start reading about it.
 maintain.
 He said, I don't know what you're doing, but it's working for you. Well, he can't know what I'm doing because he'd be in trouble if he said, hey, you go take vitamin C, go take
 Don't take my word for it.
 called fluoride is a toxic waste product from the aluminum industry.
 And I know that you can get some of these things in a dropper. And it doesn't, as you said, it doesn't require a lot. It's just a tiny bit.
 as much as I can because you're not meant to consume pesticides.
 blinded I can't even see it right now.
 and we will certainly be back with a lot more after this break.
 So, you have to keep your body as alkaline, which is a 7.35 to 7.45.
 It's a nice Italian name. Let's have some canola.
 That's right. No one else does.
 battery. Positive pole, negative pole, ionic solution. Sounds a little welco? Maybe
 So, there's a lot of things that we can do to help people.
 Yes, there are a lot of knowledgeable people out there. I
 Yeah, yeah.
 What happened to me when I had the trauma that I lost my small intestine and so forth, they saved my life. But they had no idea how to keep me alive and basically sent me home to die.
 I was thinking about how that all relates to even animals. I mean, we're talking about the, did we talk enough about the politics of all of this and the money that's involved when you consider the healthcare system as a whole and maybe where it's headed and what we can do ourselves?
 disease lives in an oxygenated environment.
 I expected to see results or see them that quickly. Let's put them that way.
 need to embrace and to not let go of.
 You have to do a measurement.
 And I think too, and we can talk about this more after the break, but I think too that some people will say, well, you know, I'm not eating that well, and I'm not worried about my stomach acid, and I seem to be fine. But what they're doing right now is going to affect them later.
 for you to take charge or not take charge. That's right.
 Sometimes we're not eating properly and we're listening to what other people are telling us to eat. What I've come to learn in the years of researching this, my approach to all of this, Rose, is I don't... Well, maybe I should tell my story a little bit first.
 Ed, it's so nice to see you again.
 I told him what I was doing and his comment to me,
 I would say United States has more because we have a sugar-based diet, a carbohydrate-based
 next time. Roast it!
 I have to just throw something in here.
 What got me into the pet field was I had two dogs that were aging and I kept going to the veterinarians and their model is the same as our model.
 My name is Rose and I'm with my longtime friend, I used to say my old friend, but I'm just not digging that anymore.
 See, organic food doesn't necessarily give you more nutrition, but what it
 It's not a new thing.
 If you don't follow the money, then you don't know why the medication is what it is.
 When you receive your training and your education, it's really intense.
 We are so, us as bodies, as humans, them as animals, they are designed so specifically for food source.
 I just know that I don't want to ever have to worry again like I did this summer. I want to take control.
 And we, we, we defined the Krebs center, a cycle and how ATP works and that's how we get.
 So we share this responsibility. Yes, we do.
 And we were talking about, now these are treats, I didn't bring pet food, and these are treats I give my dogs.
 But all dry food, in the process of making dry food, you have to make it dry.
 You stay up nights. You could talk about organic food.
 But it's important that, you know, it becomes a routine after a while.
 one of the two things that it has in there that are critical is loric acid and caprylic acid.
 my wife, my dog, my husband. If I could sing, maybe I'd do it. And my gallbladder. And the gallbladder is important because you can't digest fats without a gallbladder.
 I could my entire life.
 And when they process the production of aluminum, it goes up the smokestacks. And they scrape it because they have to clean the smokestacks.
 medical profession labels you. They label you as a cancer victim, they label you as a diabetic, they
 yourself, let's say, your finger with a thumb, your thumb with a hammer, you get that instant pain.
 You can put a little bit of olive oil because olive oil is is omega sixes. All right
 You shouldn't toil your potato, you should clean it and eat the skin.
 the years of lecturing for humans and animals, I'll
 said we would know when we bring him home.
 And I particularly like my doctors. But here's why I like them. Because I tell them how I approach things.
 It was a pleasure.
 some heart issues, they put him on LASIK.
 I'm Dr. Edmund Sokolsky, and this is Let's Talk Healthy Pets.
 a drug, as you said, to suppress rather than to explain. I mean, they're not solving the problem. You know, they haven't even found the, they don't even know what the solution to the problem is, but they are suppressing it so that it doesn't appear to you to be an issue anymore.
 Now, you can normally make stomach acid if you're taking the right supplements, because I think we're all deficient.
 If the animal is not eating properly, they're not going to be healthy.
 there's stories just like ours all over this country.
 enough, our cells, a healthy cell, runs between a minus 20 millivolts and a minus 25 millivolts. An injured cell needs to go to a minus 50. Minus is good. It's a
 What's the point? Where's the proof? Actually, smart programs are saving lives.
 And here I thought that I was doing okay too with the name brand dog food that I had because it said on the bag that there was chicken in the bag.
 what you just talked about in terms of seeking out health care. And you said if it's an accident or it's a life-threatening event, then naturally you've got to get yourself to a hospital. Case in point.
 today, you're
 they're taking animals, they're taking other plants, and they're changing the genetics of that plant.
 That's what this has been about on this program is our good health and how to maintain it, how to anticipate what might be coming down the road and to prepare for it.
 taught me how to look at the ingredients and just how much chicken was in there, or was chicken even a great idea?
 If we're concerned about the electrical energy of our pet, how are we handling that? Are we giving them bottled water? They're meant to be a little more acidic than we are, so they're not as sensitive to it. But I put 8-0, 9-0 water.
 Those things, and there's a couple more, make stomach acid.
 them.
 So you don't want to overload it. But you need omega 3s, omega 9s.
 What's good for our dog is good for us.
 And we think we're absorbing that protein.
 It's bam, bam, bam, see a man.
 to get that book done because I realized, it's like I had this great awakening, and I realized that, oh my gosh, I'm the one who's going to keep myself out of the hospital. Well, and you're right.
 So I always tell people you need an advocate.
 And this is another product I give and they love it and it's a
 I generally do, yes.
 is high. The cost is high. It is high. Whether it's a veterinary, a veteran's fee or it is the grief.
 Cook in coconut oil. Salads, extra virgin, organic olive oil.
 I've got to read this, this was an email sent to me.
 The burden of it all is on us. Really it is.
 We're not there yet. Just like that. Wow.
 cut it away, we sew it back on, we sew it back on.
 and this is a health show.
 and you have to read through the lines on some of these things. But here are two important factors.
 Difficulties in shipping and storing donated goods can sometimes interfere with relief efforts, but relief efforts can purchase exactly what is needed with cash donations. Cash prevents all types of inappropriate giving.
 We have teeth that chew, we have teeth that grind.
 Okay.
 I was able to own a little bit, but most of my condition was misdiagnosis and bad surgeries.
 So if you have a grain food that they add grain, the grain could be, you could say corn, the second ingredient, but it actually, there's probably more corn, in fact,
 Here's a great dog today.
 This is a wonderful guy.
 I was getting, take this medication, all the dogs throwing up the medication, well we'll change this medication, not seeing any improvement.
 Remember, a healthy pet is a happy pet. And take care of yourself.
 Yeah.
 You could drink a can of soda pop full of sugar and have the same effect.
 A normal blood test only tells you if you have too much thyroid being produced or you have not enough being produced. It can give you, most of the times, a false reading.
 for a very long time and guest hosting today.
 Also, the pH, that's the hydrogen potential, potential hydrogen pH, that's the electricity in that cell.
 So let's say you don't have a stomach acid and you're taking supplements, calcium, magnesium, zinc, which are all important things that consume.
 recognize it or realize it.
 The ARC has been advocating for people with intellectual and developmental disabilities, standing up for those in need, connecting people just like Adrian with the services and support they deserve.
 adding a supplement, whether you're changing the food, you know, all of that.
 and you shouldn't have to go to somebody else to take charge. The problem here is medicine has become where we diagnose a test. I could give you a bunch of detox supplements and
 That's right.
 with great pleasure.
 And it could be.
 a certain length that processes the food. Dogs are the same way.
 donations are the best ways to help disaster victims.
 Yeah. Look forward to it.
 of your cells has a positive pole and a negative pole.
 Their stomach acid is higher than even ours because we go to
 You know, so it's a photograph, a picture in time.
 I remember calling you afterwards and saying, oh my gosh, the only way I can be sure of being in good hands is to put myself and my family in my hands and take care of ourselves to make sure we're healthy.
 probably a year's worth of shows.
 I thank you so much for watching Let's Talk Healthy Pets.
 In the end, my dog is doing really, really well because I took her health care into my own hands.
 but they weren't able to make me prosper and develop and be the healthy human being I am now. I have restrictions caused by the trauma of the surgery.
 Why? Well, follow the money.
 Traditional medicine is the alternative medicine.
 So, they're getting, and you don't have to feed very much.
 It's just something that you do, and in the end, it pays off in many, many ways.
 eat natural stuff, not the stuff that's synthesized, that's made or made from things that we shouldn't be consuming. So, what's the big thing about fats?
 had those hot spots, a lot of hot spots, they began
 And
 No, you didn't.
 pay it one way or another. You're going to
 You know, because these things that I'm doing that I've learned to do basically on my own and studying studies after study and listening to people talk and taking these bits of pieces and adding them all together, I'm healthier than any physician I know.
 he had to stumper.
 So the knowledge isn't there because in the medical schools there's no natural.
 According to the standard, I wasn't.
 healthcare. I'm forced to buy healthcare insurance.
 At that time, I then realized I had to get me where I needed to be.
 about why that's wrong.
 can eat a little bit of vegetables. I would tell
 EPA, but that sounds like a government agency. I think it is.
 The river here is already contaminated with mercury.
 I could spend hours on the phone with you talking about these kind of things because they're important.
 to go to the alkaline mode.
 We put you on a pill called Lysix that makes you go to the bathroom.
 I had no idea what was wrong with her.
 And you're young enough to remember that. They knew who you were.
 a glass of wine.
 It's a waste and you're not getting the benefit of them.
 We're asking for your voice.
 not good for you.
 I'm going to take
 So what happens here is you don't have an intact cell wall. And things that should be moving in and out, whether they be nutrition, vitamins, minerals, oxygen, fluid, isn't happening because you don't have the right structured cell wall.
 You can eat a steak and get something totally different out of it.
 And once I stopped doing that, things began to change.
 at this plus side and it doesn't go away until you change it.
 interesting.
 us when you're sick and we'll make you miserable until you die.
 you can't speak.
 speaking as somebody with a doctor of medical dentistry, okay?
 We mentioned this, we only touched on it, electrical energy in the body and how important it is to produce that and maintain that.
 So stomach acid is so critical to our overall health.
 can handle a little more than a cat.
 That's actually 8.1 when I read it. Average bottle water, 6.3, 6.2.
 And that's why we bring you this program.
 oils and fats should you touch? Well, I would tell you coconut oil and fat.
 says to me, I can finally tell you, every time you came in, I thought that was the last time I was going to see you.
 cause of it all.
 Now I know I had talked to you not too long ago in the summer, I was in Hawaii and I had to experience first hand a different kind of government run healthcare system and it
 I am licensed. I do not.
 exercise.
 It is his show.
 That's the worst thing you can get from it.
 I couldn't do much of anything else. I had the
 I mean, you saw the effects rather quickly.
 Oh, rats, because I was going to say, yeah, I think I've got that covered. Let's not worry about that. You know, these partially hydrogenated fats and so forth, like canola oil, you know, bad for you. The good fats, olive oil, coconut oil.
 add corn and wheat and stuff, your animals can't even process.
 because they don't see them.
 not that hard.
 I made suggestions, in my opinion, whether they took charge or not and did it was totally up to them.
 And this is the case for me as well.
 and was wrapped in cellophane and it looked like a human hamburger.
 Part of why raw food is so good for you is because it has that energy and we're nothing but energy.
 Vitamin D is the introductory regulating hormone, because it's not a vitamin, it's mislabeled, to every hormone that your body makes. When you're not making thyroid, your adrenals take over and then you start to get a little bit of a headache.
 So we're back, Ed. Let's talk about food. Because this is, Ed yelled at me recently.
 Some people might think Adrian would be totally dependent on his parents the rest of his life, that he'd never be able to go to college like his brother, that he'd never be able to achieve his dream of being an actor. We couldn't disagree more.
 I thought it was something wrong with the food, the new food, the better food.
 stops the cell process, it stops regeneration.
 You're talking about stomach acid and how important that is to maintain that balance and how your entire health depends upon it, not just yours, but your pets as well.
 I mean, did I say that? I'm thinking and talking and it's hard to do these days.
 So, should we be shutting down stomach acid? Absolutely not.
 diagnosing.
 And that brings us all the way back to what we started this conversation with, and that
 medications on short-term use can save your life.
 I mean, this is an example of what happens.
 All of our cells in our body have a substance in them called arachidonic acid. You never hear of it.
 This is your new thing.
 So the food industry for pets is improving, but you've really got to be the discerning consumer. And you have to read it, and you have to look things up.
 You know, I just wanted to point something out that we're doing something a little different today.
 and even before they walk in the door to talk to you. So every time they ask you to mark off what's wrong with you or do you have any hearing loss, I always write what? With a question mark, no.
 Yeah.
 In research, no studies say that. There is not a study that says fluoride prevents cavities.
 that we were given medication and that was it and sent home.
 Having a medical degree that I worked hard for and gave up a lot for, I bought
 And then I always add that water right to their dog food.
 What does that mean? It means dis-ease.
 Oh wow.
 to be a meat product.
 has a probability of greater success, you know, whatever.
 over a five-year period I was seeing
 I have all these restrictions and limitations because I support my body.
 there and
 Yeah, exactly.
 You'll see a word like meal, M-E-A-L.
 What happens is we wait to the disease process, then we.
 I want to double check even the research that I've been reading on water.
 But a cat will not eat the stomach of that animal, eats the flesh.
 It's
 for our convenience. You know, the food industry didn't start until the early 50s. Everybody fed their dogs scraps from what they ate.
 And then you just bend it.
 electrical energy in that potato.
 you'll see potatoes in dog food. They have a little bit of added vitamins and minerals, but that's really minute. But I just got blinded by the light, so now I can't see.
 you know, and the change, even the veterinarian, what are you doing? You know, and when you support your body on how it's meant to eat and, and sleep and drink and everything, you, you have a wellness.
 The reason I was taking tons of vitamin C is it's an oxygenator, it's an alkalizer, it produces nitric acid, boosts your immune system, dilates your blood vessels, you get
 How's that?
 At the time that your stomach acid comes up to a 2, it sends a buffering agent into your blood so your blood can't get to the 2.
 That's my favorite term, out of whack. You're out of whack, get it back in whack. Put it back in whack.
 And that's why
 You wonder, should I be living here? We need to make the transition. Yesterday.
 body has to take that injured area to a minus 50. To regenerate a malignant cell has to
 And I do want to give a little bit of disclaimer information.
 When you follow the deniers, you find that the money, they're selling a product or selling a drug or something like that to counteract what the good stuff does.
 but his enzymes are up.
 She was septic. But the thing is, they did help her. It was a very large bill. And as you said earlier, suppressing. So there was medication to suppress it.
 I think we need it even more.
 I'm reading this as it was sent to me. He got prescribed meds, but just thought he was sick. Days later, he was worse.
 It really doesn't make sense.
 Is that right?
 You can take the chemical structure of water and you wouldn't want to eat it. You wouldn't want to drink it. Because chemically, it's names we can't pronounce. But food, really you should be able to pronounce and know what it is.
 that is.
 that sounds pretty wacko. Yeah it does.
 to fight for them.
 So you cannot eat what you want.
 for wellness. You know, you could live to be 100 and be sick and not be happy 100, you know what I mean? But you could live to be 70 and be healthy and have quality of life.
 Hi Ed, here's a little story about Jaeger.
 It's not something that is so overwhelming as it may seem when you initially start to do some of these things.
 I can get into all theories about that, and that's true. But what happens with coconut oil, and you want extra virgin organic coconut oil, and they actually make a sugar from coconut oil.
 up into a meal and then they eat.
 you can do an MRI.
 And yet, as I said before, it may seem overwhelming at first, but once it becomes a routine and once it becomes habit in your life, then it's that much easier.
 I generally grab a bag of good can or bag of dog food and a bad or usual one that everybody buys. Store brand.
 And that's.
 children that are ending up in the emergency room not being able to breathe.
 Healthcare is the prevention of disease and nowhere in this healthcare format that they have is prevention addressed.
 If you don't look at the source, you're never going to resolve the problem.
 which that alone is an issue.
 And then you start living that way.
 And I'm certainly not saying don't go to these facilities.
 living evidence of it.
 spoiled nature is nearby, abundant and breathtaking.
 period, developing period.
 any bacterium, they all go to sleep in an oxygenated environment.
 That oil is extracted from the seed of a weed called the rape seed.
 Right? I mean, who needs that on top of everything else? It's yours and yours alone.
 All right, so that's.
 dog a little more.
 The only difference is raw food has digestive enzymes, cooked food does not.
 that it could be any of the ingredients are beef with ground bone.
 DHA affects the brain.
 That's right.
 At the time I was on some medications. I got myself off the medications.
 I'm missing my tonsils, my adenoids, my appendix, all part of your immune system.
 the vitamins and minerals are. Also a little bit fungus, aflatoxin, beef fungus at the eyes of those potatoes. So you have to really cut that out.
 Welcome back to Let's Talk Healthy Pets.
 time I can't see I cannot
 GMO foods are actually being designed and engineered to have natural pesticides in them.
 In my research that I've been doing extensively,
 find in Europe.
 a book just to make you think. A book of my experience basically.
 And people know the story of Tucker. A vet made him paralyzed and I was told to put him down and he's almost walking now.
 you a pin my opinion what I would do if this was my dog
 And some of them, even though we think they're accurate, they're not. You look at a person and you ask questions.
 These things happen.
 are what you eat. So your cells absorb those nutrients.
 education. You have to educate yourself and you have to not take things as dogma.
 out of Phoenix.
 I achieved my dream of being an actress.
 If you mess up at the beginning, you are way messed up at the end.
 My gallbladder.
 reactive care. Get sick, eat junk, do whatever you want, come back.
 And we can't go into detail as a...
 throw it in our drinking water if they
 what they see you as.
 be either meat meal, chicken meal, fish meal, whatever.
 But like Ed said earlier, that saves you the grief or the bill from the veterinarian that can sometimes be really, really high.
 I make my eggs in it every morning.
 thing as a canola seed.
 Alcohol takes you to an acidic state.
 A lot of them are kind of deceptive.
 So, I mean, it's always just you have so much information and just I have learned from you too firsthand.
 all part of this electrical energy.
 I'm just showing you what I use.
 cancer, $80 million a year in treatment, $60 million a year in diagnose, you want to cure cancer? Would you
 And you learn the systems of the body, but then somehow things went afoul. And you should be in charge of your, arm yourself and be in charge of your health.
 Wow.
 we take things that suppress stomach acid.
 12 million people are at risk of starvation in East Africa due to the worst drought in 60 years.
 ion stiller.
 If you need help or if you want to help, visit us at www.theark.org.
 called IONP.
 Everybody says, oh, what's going on here? And then it starts showing some symptoms of what you might think of as being a problem.
 My cousin called me who lives in California, her mother and dad live in Pittsburgh, and
 this medication, you need whatever. And they're basing everything on a test. Well, test
 It's kind of one of the favorite type of shows I like to do.
 It's not, it's not.
 told us how much and how often and we
 I think that good doctors appreciate that.
 I was journaling and documenting all of this, my collection of knowledge that I'd gained over 20 years of being well, going from being close to death to actually being well, healthy. Not on one medication, not on anything. I was journaling and I thought, make an interesting book, and I started telling Rhodes, well you're going to publish that book.
 is absolutely amazing.
 not to create a shock because the body does adjust to the junk that you eat.
 take a fork, load the fork up and let it dribble on the food.
 And there's minerals that are found in sweet products.
 doctor now, fluoride treatments, toothpaste with fluoride, drink fluoride in your water because it makes your teeth stronger, prevents cavities.
 No one has ever said anything or noticed that I do that.
 And look a little tucker though.
 understand it, look at it.
 What we're doing is like a crossover program where we talk about the good health of your pet, but not just your pet, as a person too. You need to be in good health always.
 that you were meant to eat. And it's important, like eggs are extremely important for you to consume.
 That's something that you talk about all the time with me anymore.
 I think one of the things I found most interesting when I changed the food for my dog was the immediate results I began to see.
 human beings for all
 There's so much of each liquid that you put in, two ounces of water.
 Let's say you're in a disease state.
 doesn't become acidic.
 quite sure what was wrong with this dog.
 It's a fascinating story.
 react and why do I have stomach acid reflux? Why do I have diabetes? Why do I have cancer? And sometimes it's a little late to counter all of those things.
 There are some natural waters that have good pH, like Fiji water tested out to be almost a 9.0 for me.
 will not touch the sun.
 It actually wraps your cells in almost like a saran wrap.
 Well, you go on, but you don't go on the way you are now.
 And then let's
 And the minute that gets into your head, it stays there.
 three physicians twice a month.
 And certainly this is not a show of faith, religion, or anything like that.
 I started giving them the approach that I gave me.
 In fact, I was taking tons of vitamin C.
 back off a little bit.
 freeze the potato or you microwave the potato.
 can't read this but let's let's see what's in here a little bit of
 their natural diet until they destroyed it.
 It's damaging his kidneys a little bit.
 At that point, she was exhibiting... She was suffering.
 So a lot of things I'm going to be talking about that are outside of what we call traditional allopathic medicine.
 And there's a push to get supplements off the market and therapeutic.
 So when you take a teaspoon of Bragg's, suddenly your heartburn goes away.
 me people's lives as it were.
 go to a minus 60.
 In just 10 years, over 15 million more kids are alive. All for less than 1% of the total.
 I want to make sure not to run over. But when you consume something, your stomach acid comes up.
 It's a body out of whack.
 And that's why it's that throbbing pain.
 The purest form.
 of it as the sweet thing that attracts you. Oh, really? Yeah. So it's amazing how nature puts, because minerals can be bitter. Right. It's amazing.
 Two days later, he got sick and we took him to the vet.
 I know a lot of them that don't maintain their own lifestyles because they're not really... We're not told. I was told... I got a week on nutrition by a lady that was 150 pounds overweight who taught me the pyramid.
 I mean I think that's a really
 have to say the word and we all.
 It might seem like you're taking extra steps and you're doing a lot more for your pet than you were before, but in the end, it pays off and it just becomes a routine.
 Yeah, and they're finding that coconut oil is quite remarkable, especially for people that are beginning stages of dementia and what's happening.
 You take your gallbladder, eat what you want.
 start reading about it and you learn how they interact and what they do, you'll start taking them because it's a quest for health.
 Jager's picture is probably up right now.
 But the doctor
 That's exactly what this person, you know, she was given a death sentence and she said, no, I don't accept it. And that's, see, you bring up this great point, Rose.
 say about the humans in this, we're talking about the animals as well.
 If you look at this new system that's being thrust upon us, whether we want it or not,
 And you make a good point.
 let's put it that way, and our big box brand.
 That's what we talked about this entire segment on this program, is just taking control and recognizing that you and you alone are responsible for your good health, and you and you alone are responsible for your child's good health, your pet's good health.
 I'm tired of people in my church dying from all kinds of cancer.
 you can do an EEG. And you have magnetic poles, that's why you
 There's so much to think about.
 Nobody else even wants it.
 animal byproducts or animal byproduct meal.
 This is Iceland, pure, natural, unspoiled.
 growth. So we are talking let's talk healthy pets with Ed Sulkowski and I'm filling as a guest host today. My name is
 When you get to an acidic environment, they wake up.
 Well, if you were told to consume rapeseed, it's not a very nice name, and you probably wouldn't consume it, but they gave it this name, canola, almost Italian.
 But what I've come to learn by my own personal experience was that the medical field knows nothing about keeping you alive or keeping you well and making you healthy.
 You really are, and as you said, you saved your own life.
 It creates this cognitive dissonance where you start to own up to it and you believe it.
 to get sick when you're off center.
 If it helps think it could hurt you, do what you want to do.
 half of my small intestine.
 Just ran out of my head, but there are two ingredients that you need.
 Okay, a larger...
 cook food in a microwave, it's dead food.
 And that's the first ingredient in this product.
 But yeah, anyway.
 I'm giving great effort.
 But you don't find in Europe, I can tell you that.
 What it gives you is a lack of pesticides, and pesticides are a killer.
 in my research.
 But it's interesting what nature does. You need vitamins and minerals. Right.
 I am serving as a guest host today.
 I see that mercury. I don't care.
 Google that.
 I'm Noah Potter and you probably know me as Becky or Glee.
 So, the pancreas throws in a buffering agent, at the same time it throws a little bit of acid in your blood to balance it out.
 a little later, Rose, if we can, about how that process works. What does protein do and how it works and what we need to make it work.
 When somebody tells me, well my physician says I have to do this, I say go talk to another physician. Go get a third opinion. They all may be different.
 I didn't tell you what to do. I told you what to do.
 aren't always accurate.
 All right. Wow.
 Sometimes it seems like it's time consuming or there's one more step now to this whole process that you didn't have before.
 is very dependent on room temperature.
 canned food doesn't have to be.
 They put it in our toothpaste. They put it in a lot of medicines.
 You are what you accept.
 My god, this is like a soap opera.
 to tell exactly what the temperature is.
 Mandated health care is not, and what they're mandating is not health care.
 and not eating solid food for years. But I started to investigate supplements and what they did.
 why everything is set up the way it is. When you follow the money, you know, there's these races for the cure of this, and the races, and the walk for this, and the, it's a cash kind
 It takes a lot from you and a lot out of you. Great expense on top of that.
 our energy and everything.
 This one is, and I'm not recommending them, I'm just
 What is canola oil I don't know
 Why are you saying it like that?
 You look at something, first of all let me say, your animal should not be eating grains of any kind, whether that be corn, wheat, barley, oats, whatever.
 So anything that we're talking about right now is something that I have also experienced.
 I'm going to be the guest, actually.
 the causes of the disease. But we set out all these things out here to distract it because there's no money in the wellness.
 This is an example.
 So you don't know the person that's suddenly saying, well, you need this surgery, you need this prescription, you need this.
 Our arc helps make dreams come true.
 and it does it dramatically.
 you're making that change in the body.
 That's why after a very short time on things like Prilosec and so forth, you know these anti-acids, whatever they are, you can go into osteopenia, osteoporosis. I've heard that. Happened to me. Wow. And I had to reverse it as a result of it.
 At Dabh refugee camp I met people desperate for food and water. But already over tens of thousands have died.
 Okay.
 actually tests done where they took cells, had the voltage between that minus 20 and minus 25, raised it up to plus 30, those cells went to cancer, raised it down to a minus 60, and the cancer cells dies and new cells regenerated. When you hit
 and then when you start to get the better quality food, it has to make another adjustment.
 All of what?
 And what nature does is puts these minerals in the outside of the housing of this fruit or vegetable that's sweet.
 I don't know if it's really going to be published. Yeah, she's going to do it. But it may be there.
 and when it was time to put him down. We called you and you told us, again I gave my opinion, of oregano oil, oil silver, colostrum, and other stuff,
 support me in that.
 They had chicken in there.
 can figure that out.
 What makes stomach acid? Iodine, which we're all deficient in. Vitamin B1. Salt. Water, which is incredibly important to be fluid.
 and they're fine.
 Same as with your animal.
 actually relate this.
 People
 the book.
 Good for your little dog.
 So you sit here and you look and you wonder like these physicians come in and sometimes they're almost stoic.
 really know, you know what I mean, because you need arachidonic acid. But you want to get it sourced from grass-fed, free-range eggs, raw milk.
 consume meat or legumes as protein.
 comment first that it's kind of fun and strange being in the hot seat for a change.
 So,
 I'm going to cite an example, and if we could bring that graphic up. This was about five years ago, I believe.
 I think so it comes back to us.
 They are antifungal, antiviral, they are non-toxic, actually helps with epilepsy because a lot of epilepsies that aren't from trauma are from fungal overgrowth and they are toxins and this controls the fungus.
 It has a few berries in it, has some berries in it.
 Yeah.
 And even just knowing that your pet is not well is very difficult.
 We bring a lot of that stuff on.
 It's a little deceptive because meat is weighed wet.
 You should never eat canola oil, consume canola oil.
 Remember, cash is always best.
 intestinal tract, or most of us do, that it's a
 things take you. In fact, you can
 and they would suppress it. So it's basically just what they did to create the monster.
 So my issue with what they're doing is, first of all, I wear my seatbelt every day.
 I want to give you a hug for saving my life. And he looked at me, he said,
 And then suddenly, you know, this market was created and it was, it was products that were being thrown away that.
 same thing.
 And I know we don't have enough time to get into it, but that underarm test of your basal metabolic temperature is the best way to do it.
 I thought, they're really not that different.
 animals we'll see you
 we hadn't called you.
 So let me tell you a couple of stories.
 and let's talk healthy pets over to my friend, Rhodes.
 For me, it's very, very sad because we're talking about life here.
 And I had to take charge because no one else was doing it for me.
 I forget. I've had patients come in and I say, are you on medication? No. Well, do you have any heart problems? Yes. Well, do you take medication for your heart? Oh, yeah, I take this, this, and this. And that's an exact scenario.
 It's probably now and they don't even recognize it.
 over 60 years.
 When I rescued my dogs, the change was like turning on a light switch. Never had an issue, but I'm well versed in how to do it. As someone that may be new to making these changes, it's always best to do slowly.
 One of the things that we've been talking about, well, we've been talking about a lot of things, but really we can just narrow it down to this.
 So when you take, let me make a statement.
 break them down. You can't break them down. You can't
 But the
 but in fact, your body is clearing itself.
 But it's very frightening when it's people that you care about and you're trying to get them good health care and you're having a difficult time finding it.
 are a battery.
 their history is.
 teeth or tearing teeth.
 Even small cash donations can have a far greater impact.
 If you are looking for a vacation escape from the pressures of modern life, Iceland has much to offer.
 and you care about your family, you care about your pet.
 It's
 little more expensive, but you don't have to feed very much because they're going
 what we call the
 medicine is all this other stuff.
 when you come to the set and do this. Thank you. I do appreciate it.
 that's one of the things.
 You know, they saved it.
 Do you know me to be sick? Never.
 that I knew, and she had rescued a new dog, took him home, and the dog got real sick, took him to the vet, the vet said,
 always take it to bowel tolerance anyway.
 and really nothing else, a little bit of meat in there. And you're getting healthy treats.
 I don't think he did.
 to pay it with the food and the supplements to keep your dog well?
 And again, I started seeing a difference in her after that. Her hair was different.
 off but that helps your cells and your coat and so forth.
 My water was kind of yellow and it has a rusty smell.
 should be number one in your life.
 You've heard me talk many times about chlorophyll. Well, I use that. I put that in.
 I don't see anything wrong with that. My favorite foods, it just so happens.
 You look at the first ingredient as a meat product.
 were not there yet. I was like, oh my. Devastating.
 for you to die, basically.
 The model was incorrect.
 researching it and you will touch genetically modified food.
 It's a lot of work and it is a big deal, but it is your life after all.
 that to me.
 all these supplements that you know that I take. Otherwise it's a waste.
 What I stole for your money?
 me.
 and get up and walk.
 In the old days, your physician knew you.
 For example, I'm going to talk about myself.
 make you comfortable until you die.
 hospital I couldn't speak. So you need that.
 overnight, can you? You can't just suddenly say, okay, you're not going to get that brand name food anymore. We're going to give you a new name.
 What are some of the other things that are really important? Thyroid. Our thyroid is the voltage regulator of every cell in our body.
 I want to talk about something else too that you had me do for my dog. One of the things I want to stress is that when you're taking care of a pet, it's the same as taking care of someone that you love. When you're taking care of a pet, yes,
 the gas. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I'm not going to do that. I
 your body reconfigures those amino acids in the proportions that you need specifically to you.
 But in this society, we don't look at the cause.
 One of the things a lot of people are anticipating right now is some changes, some very strong, big changes in healthcare and the providing of healthcare in this country.
 That hit me like running into a wall because here I think I'm doing well and of course
 That should never have anything but pure meat.
 reverse osmosis, filtered water, low, they're acidic, so they take you to the acidic mode.
 some of the information that we are bringing you.
 I have told you, coconut oil.
 we were talking about stomach acids. And we also were talking earlier, we just
 They'll drop a few drops of Bragg's, the raw apple cider vinegar, into one of their meals a day to help that digestive. I give them digestive enzymes.
 In fact, they feed vegetables, corn, to cows. Cows cannot process it.
 disappear.
 Your body should be about 20% fat, but the right kind of fat.
 So not the case. If you take too much calcium, you can. If the ratio of magnesium to dissolved isn't there. Your body eliminates, I thought, the extra Cs. It does. And you can end up having diarrhea or loose bowels.
 We were actually running out of time, Ro, so I'm gonna take the show back from...
 Basically, like Abraham Lincoln learned, I learned naturopathic health care on my own by constantly studying.
 I am not talking here as a dentist or as a dental physician.
 things that really continue to build up the immune system to make you stronger.
 I forget what that is.
 Great.
 You stretch your adrenals out, you raise your core. It's a vicious cycle.
 He did it in a very nice way, but he did have to take me to task because I was feeding my dog a brand name dog food and we were having a lot of issues with our dog.
 I'm saying this because it's something that I did.
 you know, which is
 start to move toward wellness for you, for your family, for your animals.
 I can have as much fun as I want.
 If I have an accident, please take me to a trauma hospital. They can save your life.
 And then we put you on a pill to stop you from going to the bathroom, but we're not stopping the Lasix.
 Iím not telling you to do what I say to do.
 is that if you care about someone, whether it's your pet, it's a child, or a spouse, you care about that person, then you
 Exactly. And especially in your pet's rows, actually their stomach produces more acid than we do.
 From minus 5 to minus 10, then you go up to a plus 30, you have cancer.
 I take things to make stomach acid.
 See for yourself.
 I started to introduce a new food early on, years ago, and I saw that it upset her stomach,
 It stops digestion.
 And he's being backed up by somebody we've brought in as a part-timer to handle special chores.
 If you go to the FairfaxSaysNo.com website, you'll find that all the figures are available directly on the website.
 We can get through the crisis if we work together.
 on average the town of Fairfax earns an additional $459,000 per year than they expect. In fact, if you chart it out, you will notice that every single year the town has brought in more revenue than they expected.
 And we are going to be talking about Measure D, a half cent sales tax for Fairfax, which is on the ballot November 8.
 We're in a financial crisis.
 that the arguments of the town sound believable on the surface, but when looked at with a critical eye, it's obvious the justifications are not only false, they're based on a complete lack of fiscal responsibility or accurate financial reporting from town staff and our elected representatives. So that's the claim made by the no group. And obviously, the yes on D camp has a very different view of the management of the town.
 Now if you look at the actual audit for 2009, you'll see that Fairfax actually received about $3.453 million in property tax.
 From 2005 to 2010, the town spent $909,000 more than they expected to spend.
 They claim that sales tax and property tax revenues have decreased.
 So there is a tremendous amount of support within the community and the folks that the citizens count on to represent them who have been elected and are hired in order to analyze.
 So my question to Jory is, are all these groups wrong? Are all these bargaining units wrong that have looked at the budget and made these concessions for Fairfax? Are the sacrifices being made by these employees simply in vain or for no reason? The fact of the matter is, is that property taxes throughout Marin County have been declining for two years.
 It's a thriving, resilient town and it goes to its own beat.
 So we don't say that the firefighters and town employees are wrong. What we're saying is that the information that's being presented to them is not transparent. It's not necessarily accurate.
 The flood has nothing to do with this. It's accounted for in a totally separate fund.
 That was actually noted in the town manager's budget statement for the year 2006 at page 3 of her budget statement.
 We have charted it out so people can see it. We're not skewing the numbers.
 It's just a denial of the crisis that we're in.
 The flood did happen, of course, that was very costly.
 And as a result of that fact, property taxes have actually gone down in Fairfax.
 Jory, I'd like to cite a number that you've put in your website that's absolutely incorrect.
 And just to call out the folks who have endorsed Measure D.
 The town administration has done that.
 and choose numbers? Fine, go ahead.
 property taxes pay for most of our general fund. And the fact of the matter is that since 2009, our property taxes have declined by over $200,000.
 So in response to the town's assertions that property taxes and sales taxes are down, we don't disagree that they have fallen over the last three years.
 because we love this town, we appreciate that people are taking a chance to actually find out more about this issue, appreciate that the media center is covering this issue in such depth, and we hope that you will do some research and learn more about it yourself before you go to the polls.
 While the Town claims to have spent 4% less in all departments, when you look at the overall information presented by the Town's official audits, you find out that actually spending is up 24.5% in all departments.
 Hi, my name is Matt Hartwell-Herrera. I'm the campaign manager for Yes for Measure D.
 It's a general audit. It does not cover the actual budget. It does not cover payroll.
 Thank you.
 Property taxes are down over the last couple of years and expenses have continued to rise driven by spiraling health care costs and pension costs.
 Okay, well, I thought I was summarizing before, so I'll just continue on.
 We have not distorted any of the numbers.
 But it has been paid for by FEMA, OES, and insurance, and the town is still negotiating to get some of those funds back, so it's not a final say.
 But it's a disservice to the truth to tell people that Fairfax is not facing reduced general funds from a reduction in its property tax base.
 for it.
 Well, Fairfax, like most towns in California, is facing a financial crisis because of the housing bubble popping in California and throughout the country.
 This is why Measure D is a good compromise and will be good for Fairfax.
 And we're not going to be able to deal with it unless we first recognize the facts.
 point of it is the town's budget has been underestimated by over 2.7 million dollars.
 That's just a fact, you can look it up at the county assessor's office if you don't believe the numbers that we're posting in Fairfax.
 We've concluded after many discussions that the fairest way to handle this is a modest sales tax proposal of half a cent.
 I'm going to show you, I don't know if you can focus on this, but this is the No on D website that shows this $4.6 million figure, okay? Now I'm going to hold up the actual audit, which shows property tax revenue of $3.43 million.
 and find out how this might affect you and then how to vote.
 Most recently I was told by town officials that that was as a result of flood spending. And despite the argument about FEMA OES and insurance, if we take that argument at face value, it doesn't explain why general government spending is up 75%, but public works, the folks who actually do the repairs around town, are only up 1.68% overall.
 It only covers the audit of expenditures and revenues. And we agree that that generally is true and correct.
 And the reason we're supporting this is because we have a simple challenge within Fairfax.
 I think together, if the voters agree, we can and will get through this crisis, but not unless we all understand what's happening around us.
 I don't know where you're getting your numbers from, but if I can look it up in the audit, I would imagine that anybody can and find it on the town's website.
 All employee groups in Fairfax have agreed to a continuing wage freeze.
 If we work together to pass Measure D,
 We're here today with Larry Bragman, current mayor of Fairfax, and Jory Pruem.
 They also spend more money than they expected.
 And Measure D is a modest proposal to get us through it as a town.
 I'm going to read something from the No Camp.
 In the No on D website, it claims that Fairfax obtained in property tax for the year 2009 approximately $4.6 million
 And even with that $2.7 million budget surplus, the town managed to spend a $2.3 million deficit.
 And while the proponents of the Measure D sales tax are making a lot of claims as to why it's necessary and what they've done to avoid it, we've found that when looking at these claims critically, that they actually don't hold up.
 Last year, the assessor reduced property assessments on 21% of the properties here in Marin.
 majority of businesses within Fairfax as well as many individual folks within the community, Mark Squire, Gary Graham, and others.
 And I know Measure D is part of that.
 When you look at the information in a larger scope, rather than just the last couple of years, you find that the information being provided is very easy to question and easy to find holes with.
 The town's expenses have been more than $900,000 over budget.
 The town has stated repeatedly that when we first received FEMA funds back in 2006, those funds were reported as part of the general fund.
 The state money grabs is another one of their arguments, except that while they happened, the state was required to give all the funds back according to the 2010 audit.
 And you can look all those numbers up for yourself, and we hope that you will.
 They claim that they've cut all departmental spending by 4%, and we find that none of these actually hold up.
 This has a devastating effect on local government because we depend on property assessments for property taxes.
 We have the unanimous town council of Fairfax, the town finance director, the town treasurer, Supervisor Hal Brown from the Marin Board of Supervisors.
 We've frozen salaries. We've frozen budgets.
 The town of Fairfax, they do have an audit.
 They claimed that the state grabbed money from local governments.
 In normal times, property taxes go up about 2.5%.
 And so those don't actually affect the general fund spending.
 document.
 What we find when we analyze those audits is that from 2005 to 2010, the Town of Fairfax brought in $2.7 million more revenue than they expected.
 The town has taken lots of steps in order to make those other costs that we can contain go lower, but we have not been able to bridge the gap, and we simply must live within our means. And the town chose a half-cent sales tax because it was the fairest way to balance that budget.
 Larry I'm looking at the 2009 fiscal year budget and it's our audits. Sorry
 And that's my vision for Fairfax.
 We've frozen the management position of planning director for the last year. That's being handled by the manager.
 Welcome everybody.
 So it's up for us as citizens to look at what is really going on here.
 So in other words, the NoAnd website is off about a million dollars.
 So we don't feel that they're actually doing quite everything they can or that the whole story is being told.
 So if you take a larger view, you'll actually see that there was a bubble, and the bubble has corrected itself.
 4.2% overall.
 Here's Jory first.
 He's counting one, we're counting the other.
 In addition to that, all employee groups have agreed to a 5% pay reduction because they're going to be picking up 5% of their pensions.
 Thank you.
 We can show it and we can show, if you go to the website, you can see the town's actual words explaining the town flood fund.
 Now those funds, plus the million dollars that you've misstated on your website, might account for that $2.7 million.
 Fairfax will not only survive, it will thrive.
 The town of Fairfax has had a frozen police position for the last four years.
 This is Community Media Center of Marin TV, CMCM TV, and my name is Craig Slater.
 Town also claims that they've left unfilled positions vacant, kind of insinuating that, inferring that they're not hiring, but then again this year they created a whole new position.
 There is clearly a disagreement in the perception of the numbers. And I think it really gets down to each of us doing our job as voters and finding out about the issues. Talk to people who are opponents. Talk to people who are proponents.
 Now let's go back to your figure about $2.7 million being unaccounted for.
 We don't disagree that over the last two years that the tax revenues are decreasing overall, but over the last five years they are increased completely.
 And if you look at overall revenues of the town of Fairfax from 2005 to 2010, you'll find that revenues have actually increased over 13%.
 My name is Joey prune. I'm with the committee to oppose measure D and
 in property tax revenue, that difference is precisely caused by the pension tax override, which is property tax based.
 Wages have been frozen in Fairfax for the last two years, and under the new collective bargaining agreements we entered into this year, they'll continue to be frozen for two more years.
 We hope that the Fairfax voters will do some research for themselves, they'll look at the information we've provided, which is all cited and sourced, and no one has so far been able to tell us that with any actual proof that the numbers we are citing are actually incorrect.
 later again.
 I don't really know.
 If you adjust that for inflation, it actually comes out that the town is up by 4.2% in overall revenues.
 We site exactly where those numbers come from using footnotes.
 When studying the town's audits, we actually find that they tell a very different story.
 We have the Fairfax police, we have the Fairfax firefighters, we have the Fairfax Chamber of Commerce.
 Town employees have done that by taking a salary freeze and a reduction on pensions.
 This year he reduced assessments for 27% of the properties here in Marin County.
 They claim that the flood was very costly, which it was, but whether it contributed to the town's financial situation is a whole different story.
 But I might add, all the numbers that we post in Fairfax have been audited and approved by independent outside auditors.
 For the last three years, unfortunately for Fairfax, our assessed valuation has gone down, while the operating costs of operating the town of Fairfax have gone up.
 But additionally, those funds come from a different account, also known as the Storm Capital Fund.
 So here's the truth in numbers. Here's the truth in numbers.
 And we are using the numbers that come from those audits, those official documents from the town of Fairfax.
 It allows visitors from outside Fairfax to contribute. It doesn't apply to groceries. It's a small half cent that replaces a one cent tax that was retired by California, so our taxes will still be lower.
 and this is general revenues property taxes four point six million dollars
 Ask to visit during mealtimes and test the food.
 Now on to the talking news.
 Greek Easter traditions come to life at Agora by Joanna K. Zouvelos.
 The set said that paying bills online has dramatically increased opportunities for hackers to swipe debit or credit card numbers.
 There is a few things Medicaid does not allow in the funeral bill, including flowers and after-funeral meal expenses, but pretty much everything else is covered, he said.
 Grinnell said Narcan, thanks to the grant, was also provided to a number of social service agencies as well.
 family husband read two children Noah eight and Ben three
 Along with my colleagues, Claire and Max, we thank you for listening to The Talking News, and we hope you've enjoyed the show.
 If you do this before a crisis strikes, you won't be compelled to make a decision quickly and under pressure.
 Retirees who want greater flexibility may choose to start renting. Reasons not to downsize?
 living will, spells out exact wishes for medical treatment in the event of certain scenarios.
 newcomers Tara Donner and Jill Norton, and incumbent Susan Burgess Cox.
 As one financial crimes investigator stated, I recommend having all the protection you can, said Detective Paul Bessette of the Cranston, Rhode Island Police Department.
 Over to you, Bob.
 That money helps out with inflation in cemetery money or engraving the stones.
 And firefighters who are able to go out with outreach workers to people who have overdosed to help provide treatment resources to them and their families.
 and Wednesdays at 12 30 PM
 Since opening eight years ago, the business has grown so much.
 Before retirement, you made a budget to decide which retirement savings options were best for you.
 it's easier to move while you're still in good health and less of a burden to your children.
 family husband Michael children Maggie and Matthew seven.
 Members who sign up get identity protection services from Experian, including daily credit report monitoring, suspicious activity alerts, resolution support, and more.
 If that's not an option, look into nearby hotels.
 A safe withdrawal rate is the percentage of money you can withdraw each year to ensure your money will last for the rest of your life.
 State deaths, both estimated and confirmed, totaled 1,470 through September, down from 1,637 through the same period in 2016.
 The candles are lit and children, supervised by their parents, raise the candles up and down as they sing the traditional Anastasi hymn, Christos Anesti, which means Christ is risen.
 While Medicare and Medicaid typically don't cover these expenses,
 Her education is a Bachelor's of Wesley College, Master's of Education, Lesley University.
 Some housing communities have set up kiosks or mini grocery stores where you can buy food and snacks to bring into your room, Gallant says.
 Sarah Grinnell, Executive Director of the Healthy Peabody Collaborative, part of the Peabody Police Department, said that when it comes to the City of Peabody, a number of partnerships have formed to combat the opioid epidemic while also working to create a city everyone can be proud of.
 As a AAA member, she had the advantage of free identity theft protection plan from Experian simply by signing up.
 Avid Walden Pond Swimmer and Cargo Biker.
 And now here's Max.
 Most films will screen at 7.30pm Mondays with an exception of opening night on March 18th.
 range long-term care.
 Family. Wife, Abby. Two daughters at Wellington Elementary, ages 6 and 9.
 It's always useful to have a gatekeeper, a proponent, an advocate on your side," Gallant said.
 In historic Salem, the number continued to escalate from 5 in 2012 to 7 in 2013 and 13 each in 2014-2015, before rising to 19 in 2016.
 change your Medicare.
 A triple-A Northeast member in Rhode Island recently received some unwelcome news.
 Retirees who want to age in place at home may find that safety modifications and in-home care can be cost prohibitive.
 Fentanyl is known to be 50 to 100 times more potent than morphine, according to a recent DEA national drug assessment.
 Avengers superheroes are very popular for the boys this year as our Patriots themed decorations.
 school committee candidates by Joanna Cazorvales. There are three candidates running for the two three-year Belmont school committee seats.
 Medicare Advantage plans have a cap on your out-of-pocket expenses of $6,700 or lower.
 is Jill Norton, 16 years in Belmont.
 Senior living facilities have come a long way from the nursing homes of yesteryear. From meatless meals to relaxing rocking chairs, bountiful barbecues and bonfires,
 Our goal is to see less people using drugs in the first place while providing others with access to treatment and recovery options, said Grinnell.
 All but one film is either a North American, East Coast, or New England premiere, and several others are also their country's submission to the Academy Awards Best Foreign Language Film category.
 Prices vary, but average about $3,100 monthly per person in an independent living situation, $4,800 in assisted living, and $6,400 in memory care, according to Stephen Gallant, a gerontologist and professor in the geography department at the University of Florida in Gainesville.
 According to Massachusetts Department of Public Health, the confirmed opiate death numbers across the state, though slightly waning, were still staggering, with 710 males, 222 females falling victim, 67 in the 15 to 24 year old category, 281 in the 25 to 34 year old category, 26 in the 35 to 44 range,
 Every God parent wants to have something special for their God child.
 Residents don't just eat in the dining room anymore.
 In small towns and big cities, the numbers vary greatly.
 Town Meeting Member since 2007.
 What do I do now?" Experion was there with the answer.
 Volunteer and Youth Leader, El Hogar Ministries, Tegucigalpa, Honduras.
 One such organization is Learn to Cope, with a chapter in Salem, a non-profit support network that offers education, resources, peer support, and hope for parents and family members coping with a loved one addicted to opiates or other drugs. Founded by Joanne Peterson in 2004, a woman whose siblings and son suffered from addiction, according to its website, is an organization that has grown to include
 Nine films from the world's top international film festivals will premiere at Belmont World Films' 17th Annual International Film Series, which runs March 19th through May 14th at the Studio Cinema, 376 Trapella Road, Belmont.
 As you reach your 80s and 90s, you might need the level of care provided in an assisted living or long-term care facility.
 Another, volunteer for curriculum development and steering committee for English curriculum, the acceptance and inclusion committee, chairperson for several years, and the emergency incident management team at McCall Middle School in Winchester, served town meeting member in Milton, where she grew up.
 As your health care needs increase, you'll want to consider switching from your original Medicare plan to a Medicare Advantage plan.
 Not only is management likely to be more responsive to your needs, it helps to call for emotional support and to request something you may need delivered.
 In the fishing town of Gloucester, two deaths in 2012 gave way to six each through 2013 and 14, peaking at 11 in 2015 before dropping to nine in 2016.
 After ID theft, member praises experience service.
 Massachusetts saw the second highest number of seizures and arrests, 3,911 in 2016 for drugs, second only to Ohio, almost double Massachusetts at 7,000.
 He uses flowers to decorate candles for older girls or simpler nautical and cross decorations for older boys.
 With great activities and amenities, a retirement community might be a perfect environment for you to stay active and meet new friends.
 Thank you, Bob.
 Once you reach that limit, you'll pay nothing for the rest of the year.
 Director of Education Policy for ABT Associates.
 Senior Living Options Evolve, by Susan Krimer.
 When asked about the decrease of opioid deaths in the town and overall the state, Grinnell pointed to the increase in Narcan availability and worked to educate people to the dangers of opioids pose even after just one use.
 This year's series, Bound by Beliefs, features films that show how difficult it is to implement change in the face of long-held societal or community beliefs.
 Opiate Use on the North Shore by J. Petito.
 Hundreds of candles decorated with different themes for children celebrating Greek Easter, April 8th, are being made by the hands of Marlboro resident Dave Mettalino.
 And if an illness develops or progresses, can you still help care for me? What does that look like as I need more assistance?" Taking a tour of a facility is the best way to get a feel for its surroundings, Reeves said.
 According to the 2018 Identity Fraud Study by Javelin Strategy and Research, thieves stole $16.8 billion from 16.7 million victims.
 Vestry and the Board of Directors member at Trinity Church in Copley Square, Boston.
 It is allowed by Medicaid and that way the funeral money is set aside and protected for the family.
 Although Peabody saw a slight decrease in opioid deaths over the past few years, after a high of 14 in 2014, work on the crisis continues for all departments.
 Here's Bob again.
 talk with residents, participate in some activities, and evaluate if the employees are attentive and friendly.
 Profits from selling your home can be invested and become a late game savings option.
 Trust gives you greater control to specify who will inherit your assets and ensures a quicker transition.
 Susan Burgess Cox is 30 years in Belmont, occupation attorney, hearing officer for the Mass Health Board of Hearings.
 Programs like Protect My ID and preventive measures like shredding old bills are good practices to keep personal information secure.
 as an addition to the trust.
 We've been able to do a lot through the grant with all first responders now equipped with Narcan, said Grinnell.
 Thank you, Max.
 As you reach different phases of retirement, you'll have important decisions to make. Re-evaluate your withdrawals.
 Channel 9 Xfinity and Channel 29 Fios.
 Metalides, who is practicing loia, has been working full-time to create the products they sell for Greek Orthodox events.
 your estate in order.
 Other troop leader, Brownie Troop, Secretary for Wynbrook, PTA, room parent for Wynbrook, member of Butler PTA, member of Wellington PTA.
 It's called Protect My ID Essential.
 Some senior living communities rent guest rooms.
 Now that you've retired and have transitioned to spending, you should re-evaluate a safe withdrawal rate from your retirement accounts.
 Massachusetts also has the fourth highest overdose death rate by any state in the nation behind Ohio, Connecticut, and West Virginia.
 When Greek Orthodox churches reenact the resurrection of Christ, many children also bring them to church for the Agape service, meaning love, on Easter Sunday.
 Experian alerted her to the phony applications by email, and within an hour, a fraud resolution specialist was on the phone talking her through the next steps, like contacting the police and credit bureaus.
 Long-term care insurance may help subsidize the costs.
 In nearby puberty, the numbers are dropping slightly from a low of 3 in 2012 to 12 in 2013 and 14 in 2014 before having 11 deaths in both 2015 and 2016.
 Thank you, Claire.
 And now over to Max.
 Thank you, Claire.
 Artificial flowers, stuffed animals, princess figurines, superhero toys, ribbons and soccer balls are some of the ornaments Mitalides uses to decorate the candles.
 Other directors also note that pre-planning allows the future deceased family member to have their wishes carried out.
 If you move to an independent living community while still in good health, you may be able to transition to an associated assisted living facility.
 Children's Religious Education teacher at First Church, Belmont.
 someone was using her name to file online loan applications with several banks in the Midwest.
 Whether you're allowed to drink alcoholic beverages in the facility's public areas and in your private quarters, or not at all, may be a factor to weigh before signing on the dotted line, he said.
 In the North Shore's biggest cities, the town's opiate deaths still are mostly trending up, with no town data yet available for 2017.
 a second consecutive drop, though the deathly opiate fentanyl use continues to rise. According to DPH, fentanyl is a synthetic opiate that affects similar to heroin that works quick and results that leave you just as quickly and are often prescribed for severe pain.
 The candles range in price for $20 to $30.
 so costs can easily rise to tens of thousands of dollars.
 Her town service, Wellington Elementary Room Parent, PTO 3rd grade in Richmond Coordinated.
 Strategic planning sessions are working on education and providing the resources needed for prevention, said Grinnell.
 All films will be followed by discussions led by expert speakers and occasionally cultural performances.
 The rich, poor, middle class, jobless and well employed. But there's hope.
 There are many amenities and unique offerings to take into consideration in choosing a place to live for yourself or a loved one.
 Our goal is for nobody to use drugs, and that would be ideal. But we're here to provide support for people suffering as well as their families.
 As in the last several years, a third of the films are directed by women.
 search for the Belmont Media Podcast Network.
 Thank you, Bob.
 pre-planning a funeral to spend down Medicaid by correspondent Jeffrey D. Wagner.
 Follow up is key to many officials who will often worry about the people that are lost in between the cracks, which may have overdosed and then revived, only to relive a vicious cycle of drugs if people with resources don't step in to intervene.
 Also large-scale data breaches have compromised millions of social security numbers and other personal information.
 Now here's Max.
 Even better, go and stay there for a few days, said John Pinos, professor of gerontology, policy and planning, and director of the National Resource Center on Supportive Housing and Home Modification at the University of Southern California in Los Angeles. Try it out.
 staying in your home can make sense if you paid off your mortgage and expect to pay little on taxes or repairs, plan to use a reverse mortgage to fund your retirement, or want to pass the home on to your children.
 The characters in each of the nine films are not always successful in standing up to their society's belief
 A dynasty trust will allow you to transfer wealth to children and grandchildren while minimizing transfer taxes.
 Town Service, School Committee member since April 2015, Secretary of Belmont School Committee, member of Belmont Capital Budget Committee, member of Belmont Special Education Advisory Council, Secretary of Senior Center Building Committee, member Belmont Disability Access Commission.
 Back to you, Bob.
 That everything else includes vaults, burial plots, cremation and cremation urns, embalming, transportation of the body, and other services offered by the funeral director and staff.
 Thank you, Bob.
 He didn't handle this member's case, but he's dealt with many like it, and they're becoming more frequent.
 It can also be heard Mondays and Tuesdays at 4.30pm.
 Agora is the Greek word for market, which is what the business originally was when it started by Metelliti's wife, Desi, as a Greek grocery store in Brighton.
 The Healthy Puberty Collaborative, formed in March of 2008 under Mayor Michael J. Bonfanti, and a collaboration between the mayor's office, health department, and police department, has a focus of addressing substance abuse issues in the city of Puberty, working to reduce underage substance abuse while creating a healthier community.
 Power of Attorney designates a person you trust to make financial and health decisions on your behalf if you are incapacitated.
 She is 17 years in Belmont, occupation English teacher, Winchester Public Schools.
 Think about the amount of interaction you want with other residents.
 Financial planners commonly recommend 4% as a safe withdrawal rate if you need your nest egg to last more than 30 years.
 In the race category, 753 were white, 104 Hispanic, 49 black, and 8 Asian.
 We will return next week for another edition of Local News Happenings Around Belmont.
 We don't have to look much farther than the Hollywood sexual harassment scandal to understand how long it takes or how hard it is to change the status quo," said Belmont World Film Executive Director Ellen Gittleman.
 Listen anytime on the BMC Podcast Network, on SoundCloud and iTunes.
 and now over to my colleague Claire.
 Before a person runs out of money, the individual comes in, or the family comes in, and we set up a prepaid irrevocable trust in that person's name.
 Rennell said it's an all in atmosphere for all city departments as they work to change the trend of increasing opioid deaths.
 credit card skimmers at ATMs and stolen purses and wallets remain real threats. And over to Claire.
 It's probably a good investment.
 to a retirement community.
 When it's not the Easter season, Agora sells everything else customers need for Greek christenings and wedding, such as christening gowns and suits, favors, witness pins, wedding crowns, wedding trays, icons, and larger candles.
 And even when they are, it is often an uphill battle.
 Thank you, Max.
 There are many types of trusts.
 Higher education, bachelors from Hobart and William Smith Colleges, justice from the Catholic University of America, certificate in law, and public policy from the Catholic University of America.
 Medicaid allows the family to set up another funeral account at a local bank for up to $1,500.
 Part two, Grinnell noted that a three city grant with Lynn and Salem has gone a long way in providing resources for all three cities to work toward curbing the opioid crisis through education and prevention of use.
 The number of identity fraud victims reached an all-time high in 2017.
 Watch and listen to the talking news every day at 12 noon and 6pm on Channel 96, Comcast Xfinity and Channel 30, Verizon Fios.
 The Metaledes owns Whispers of Spring and Agora, 7 Cushing Ave, Belmont.
 A will should always be part of your retirement plan, but there are additional documents to consider.
 Here's Taradonna.
 hand over to Claire.
 But even in older citizens, with 117 dying between the ages of 55 to 64, and 28 dying that were over the age
 I would try to understand what my preferences are overall, whether you want to live in a totally senior complex or environment where you value most. Privacy versus sociability, Pinos said. And contemplate whether an urban or suburban or rural setting and scenery suit you most.
 downsizing your house. Moving somewhere with a lower cost of living can help you save on property taxes, maintenance costs, and mortgage payments.
 just ahead of Pennsylvania's 2,355.
 The candles are traditionally given by Godparents to their Godchildren to bring to church for the midnight service on April 7th called Anastasi, which means risen.
 I was a nervous wreck, she said, but Experian put me at ease. All AAA members need to know about this service.
 Although meals are often included, senior living facilities have evolved to give residents more control over their food choices and activities.
 Finally, in Amesbury, a single death in 2012 has led to six in 2015 and eight in 2016.
 International Film Festival to be held in Belmont.
 Greek Easter is one of their busiest times of year.
 Thanks, Claire.
 retirement spending by Joanna Kutrara.
 Ensure that your needs are best met by researching and visiting facilities before you need care.
 Select a student representative to the school committee in Milton for two terms when she was in high school. Playing softball, gardening, backyard chicken, and beekeeping.
 It also relieves some of the last minute stress and possible disagreements over what that individual would have wanted.
 After asking herself how such a thing could happen, she faced the question identity theft victims know all too well.
 Also, whenever possible, selecting a facility near a family member would be ideal.
 In Beverly, there were seven deaths in 2012, spiking up to 13 in 2015 and 18 in 2016.
 Recent statistics across the state show a 10% drop in opiate deaths.
 So we have to do a lot of custom work and we have to have a big selection," he said.
 It's been extremely difficult to get ahead of this, but we are doing as much as we can.
 Original Medicare plans have no limit.
 education, bachelor's in elementary education from Michigan State, Montessori early childhood certificate from the Montessori Institute, New England, master's of education policy management from Harvard Graduate School of Education.
 The opening and closing night films are preceded by dinner receptions featuring culturally relevant cuisine at the theater.
 But first, it's important to ponder, what are my care needs and who can meet those needs, said Rachel Reeves, spokeswoman for the National Center for Assisted Living, an advocacy organization based in Washington, D.C.
 While the focus can sometimes be solely on the person taking the drugs, Grinnell said there's a number of organizations that help provide support and education to the family members left behind to cope with a loved one they can't control or even reason with at times.
 The state has never seen an epidemic quite like the opiate deaths, an epidemic that hits everyone.
 With regard to this can we talk about that other matter that I discussed with you? Is that an executive session? Like secret code, this is like secret code negotiations, you know
 Can we re-read that? And just so that everyone knows, although I think we've mentioned it before, there is another, and I'm not sure if it's all alcohol license or not, but the distillery over on Brighton Street sells their product.
 I thought it was a capital budget committee project, no.
 Oh, that hurts.
 And on that committee, I actually vote, so I do deliberate with them. On the OPEB committee, for example, I don't deliberate with them.
 I love this idea and I thank you.
 I think we've covered everything, but you just don't know, right? We've tried to reach out to a lot of towns, but a good consulting actuary who's been doing 30 or 40 of these may have something we haven't thought about. OK.
 It means
 see two reports both looking very similar, but one uses the gas beheaded and the other uses cow dung.
 That's why.
 I also understand in terms of announcements that the selectmen have been briefed by the HR director on December 2nd about EGWP, the acronym for Employee Group Waiver Plan.
 those of you that are interested in running for annual election. Renew your pet license, okay. Make sure your pet license is renewed. You need to contact the town clerk's office with any questions for pet license renewals, the annual renewal. So
 Do I have a second? Second.
 Now, I know there's been some objections in certain circles to the idea of scoring different alternatives.
 So to ensure that we have all the bases covered.
 I'm going to grab you a son.
 Okay.
 So then.
 in your office.
 So let me just mention again, we established this group in February of last year.
 Let me win.
 I thought you knew the secret. It's Uber.
 Okay.
 I think David has heard from other folks as well.
 So that's what I started. And then I started the Belmont track team that meets on Tuesday mornings at 5.
 CPIC will vote on, because again, PAIR works for the town supporting CPIC's efforts.
 No, no, that's fine.
 If it's all the same with whomever wants to serve on Capitol, I'd like to remain on that.
 there's not abuse there.
 What I can say is that my information was that the speed limit for the train at the Brighton Street crossing was 75 miles an hour. And this is the limit.
 committee.
 to approve those minutes.
 I think July 1 is when we decided to push it out, too.
 Yeah.
 I also went to the Selectmen's Association and attended the General Assembly.
 Constantly training.
 Bye.
 CPAC or the CPA committee.
 So this will probably cause us to take another look at that before we submit some draft recommendations.
 We've identified an individual, so we will engage them.
 So Wednesday, January 25th at 6.30 p.m. No, 7 p.m.
 We will have to.
 I like that a lot.
 All right.
 How much did you say that once Wayland did this analysis that their estimated future estimated liability went down?
 It's beautiful, going back home.
 I'm on an RFQ.
 I actually read them. Appreciate that. I know you do.
 Okay, anything further on this? Okay, great.
 Secondly.
 But I thought it was a great question because I think what came out of that is I forget who the representative was on the panel. And we talked about, and perhaps this can be, what would be helpful from us is legislatively we need some support on this. And I know that Senator Bronsberger and Representative Rogers are aware of that. And I've read the OPEB, you know, the state OPEB study task force report and a lot of things that we can do.
 That's it for me.
 Today's begins on Sunday but you guys start Saturday.
 What you said is that we're going for the...
 Yeah, what we had done is switch the roles.
 Is the report as of January 1st of this year, so when you say fiscal 16, is it as of January 1st? The biannual report is? It's fiscal year, I think, so it's 7-1-16.
 I mean, that's fine.
 Absolutely.
 Thank you. Just your work alone, David, in the financial task force, I mean, was incredible.
 Go back on the $40 million error.
 going to be a no.
 Okay, all right.
 I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea. I'm not sure if that's a good idea
 Does it have to be the chair? I believe that statutorily. I can't say that I know that for a fact.
 part of the challenge of course is we have four major building projects.
 Thank you, David, for pursuing that.
 So there are not joint chairs or House or Senate chairs at this point. They will be coming.
 While the warrant is open, the draft article language from departments should be submitted to the bylaw review committee, the planning board, the capital budget committee, and the warrant committee around the 17th of February.
 the way they've broken this down is they'll have recommended paths, recommendation for path on the western end, central area, eastern end. And perhaps it's one and two in terms of recommendations on
 So that's a big, wide variety group of people from Delaware.
 You've worked tirelessly for the four and a half years that you've been with us, and I wish you could stay longer, but I completely understand you're accepting this new role.
 This basically asked the actuary to do two things.
 was there Friday and Saturday.
 I have done the Brennan Grant.
 I think the town has a lot to be proud of.
 Any questions from town residents? So we have the OPEB, the Post-Employment Benefits Committee that's with us this evening to present their either intro report or final report or at least their comments on what work they're doing. And Ralph, you're the chair, you want to join us and perhaps other members as well? Everyone can join us, you're all welcome to join.
 the chair.
 I'm sorry.
 It could be.
 Anyway.
 this water along the way.
 articles after that.
 Yeah, I...
 I don't agree with that.
 Police station. Police station. Police and I believe public works.
 So I guess in terms of schedule, we will receive feedback from Senate Council and final feedback from House Council on the language that was provided.
 You
 You can use a higher discount rate, but you have to have cash in the fund, which we only have
 I have a motion to approve as amended the December 12, 2016 regular session and December 28, 2016 working session.
 Say that one more time, please.
 I tell them the permits are always terrific.
 I know that the police chief has been in contact with the transit police representatives, and I know that's something that's been communicated to them. And we're in the process of receiving verification that Keolis will be implementing a slower speed from the Belmont
 ABCC has.
 The second thing is, the executive session we were referring to, can that be scheduled for February 2nd? What executive session? The one David was talking about.
 that in that was the firm select yeah that was
 I know you consulted the BASBICS on getting the actual data and moving forward as quickly as possible.
 I think that we've employed a lot of the tactics that have been suggested to manage our liability.
 Welcome to the team.
 It's a great event and hopefully you'll be able to attend.
 April 4th is the election.
 That's
 Start on Saturday, finish on Sunday. Okay.
 But does this mean that the CPIAC will actually select their recommended scenarios? Or are they going to come to the board of selectmen and say, well, you know, here's nine different ways to look at it?
 Under the statutes, they are required, once they submit their remediation plan, have a 20-day commenting period, which they have submitted and we'll discuss tomorrow.
 We'll have many more opportunities to thank David for his service to the town, but we will continue to do business and we'll have to decide an approach that works for this community in terms of identifying a replacement.
 Where is the number?
 We've asked Harvard Pilgrim to recalculate the anticipated cost and savings.
 And when would they have, once we've decided on a firm, when would they have a report?
 be mindful like Beth is when she runs.
 So Mr. Chair is the chair.
 reshuffle the deck.
 The only thing on schedule is that I've heard informally that folks may want to call a special town meeting to move this forward more quickly.
 Warren articles will be submitted during this time frame
 I actually asked David to take a look at it. Mark.
 How long do they run at 730 at the middle school?
 Hilliard High School is right in front of us.
 provide comments during the 20-day comment period.
 No.
 see many in the audience here.
 about a proponent for local government so we certainly support their association.
 Is that what that license restricts them to their own product? So it's not like a package store that it's, and that's a separate alcohol license that we don't have authority over.
 Look, I'm not an expert in these areas.
 Think about how they've broken the stand
 So we will engage that individual that we received a
 Last time we approved a run, the last question we asked was how many people they expected, and they said 15,000.
 With that, gentlemen, do I have a motion to approve the request from Belmont Boosters to hold the second annual Becker-Peasy Family Fun Run on Sunday, April 30, 2017 at 9 a.m.?
 We've also implemented cost reductions that have been recently.
 Most important in terms of using the actuary was that the Wayland Committee could get the results of employee-specific information because the actuary was HIPAA certified.
 We have some committee appointment discussions.
 Other comments from the committee members?
 You can post an executive session if you're not prepared, then we won't read on it.
 Okay, so but you've spoken to.
 which year it was.
 I'm appreciative of it.
 it, perhaps the moratorium should remain as no one has requested a license during that time.
 Can you go to the mic there, please?
 we can prevent transit, I mean if we want to.
 So I've asked not to be the warrant committee liaison.
 not as aggressive as we were in 2008.
 had to be given to us in terms of subgroups of various types.
 Okay.
 That's fine.
 audience.
 a lot of motivational speaking.
 So it's a complex matrix approach that they've, in fact, it might be helpful to provide that
 They couldn't turn left so they had to turn right.
 Yeah, there's a comment period by statute and for us to hire a peer review consultant to provide comments on behalf of the town.
 Maybe you'll get you.
 All right, so we have a lot of minutes here, gentlemen, that we prepare to move forward with these, I hope.
 I think Jim's got a lot on his plate.
 I designate that Mr. Leckman and Jim Williams participate on the MBTA Advisory Board in lieu of my participation as chair. And do I have a motion to appoint Matt Newhaskill, Administrative Assistant in the Town Administrator's Office, to serve as the alternate representative for Belmont on the MBTA Advisory Board?
 If you have a license to serve, can folks bring in their own beer and wine?
 We also don't forget the GASB regulations are changing with regard to the fiscal 18 audits.
 And then my second question is.
 Bye.
 will help inform.
 Thanks.
 So it has been an ad hoc working group that grew out of sort of this whole identification of the need to look at capital major building projects.
 you saying now it's expanded to pizza places and what is that or was it always I think also but I and again I'm doing this from last week is I think it was taverns or breakfast places or those kinds of places
 different from the real facts.
 I'll just go to the traditional route, and I'm not trying to keep anything from you on the work on that major.
 what was your table? School funding. It was school funding, so was mine.
 for yeah.
 The only thing that might trigger all of this is when the FY18 numbers start coming out, because I think they're going to be very interesting.
 Isn't that the joint meeting, David?
 So it's great, all essentially as Becca really wants and we're kind of just following her lead is all the funds that basically go back into the athletic program at the high school.
 I want to thank Dave. I mean, we'll have plenty more to say about this, but David's been with us since August 2, 2020.
 the chapter 70 may be a little bit more than that.
 Okay David what's going on with the home petition so whatever else you want to report out in the town of ministry town of ministry support. I'm sorry David sure
 all the known benefits.
 Basically the license site professional is required to provide a plan that adheres to DEP regulations and that gets submitted to DEP and basically gets filed.
 the bottlenecks
 So still, still.
 we can do that at the end of the meeting.
 Next meeting.
 There's more that we can think about from a funding point of view.
 I'm advised it should be in the executive session.
 Do I have a...
 Jeff, thanks for the time you've spent. No problem.
 It's going to be beerables, yeah.
 Unless, do you want to serve on capital budget? I mean, you've been pushing for a capital budget planning process, which I think is-
 We voted favorably on all the projects that are proposed. They'll come before us.
 Appreciate that.
 that will be at the meeting tomorrow night.
 Last week, Lord help us. And they are now scheduling...
 didn't comply with the rules and regulations.
 It was.
 how clear it will be.
 Thanks.
 I'm going to go ahead and close the meeting.
 We're going to issue an RFP so we can do our next biennial OPEB actuarial study dated 7-1-2016.
 Is it at nine or eight, David? Is it nine? That's fine, nine works.
 I'm joined by Vice Chair Sammy Vagdati, Selectman Jim Williams, Town Administrator David Kale, Assistant Town Administrator Phyllis Marshall, and our recorder Lisa Giubilario.
 No, I think that's fine.
 So the CBIAC has to, they have to make their recommendation.
 open the warrant on Monday, February 6, 2017 at 9 AM, and to close the warrant on Monday, March 6, 2017 at 3 PM.
 you do.
 the War Committee.
 feasibility studies.
 Starting at 645, right?
 Obviously, the RFQ has to be developed by the official party here in the town who has the authority to do procurement.
 Hopefully it's the first and only. Right, David? As I remind everybody, this is good. If you click on behind the link, there's information on how to contact the town and how to get notifications.
 I'm not quite going yet, but thank you for the opportunity to wish everybody.
 You know right, you know right it down.
 up where we basically on page three we had an extra zero.
 So it's interesting to see this dichotomy and the issues that they wrestle with.
 The
 I think it's a great approach.
 high school and it was just so great giving those out and I felt like it was a great day for the community and everybody came together and it was a really fun day and very well organized I think that's
 The second liquor license is a one-day liquor license application from Paulette Black of the Beth-El Temple Center requesting to serve all alcohol at their gala event on April 1, 2017 from 6 p.m. to 11 p.m. at the Beth-El Temple Center.
 That's separate from the capital.
 What committees look at it, do we know what the...
 I think we have plenty to do between now and whenever. And I also think that if the issue comes up, and it comes before the liquor authority, we have our purview there as well.
 Anything further, Mr. Town Administrator?
 So they've expanded that to other kinds of eating establishments, which is what we sent you last week.
 Okay, thank you.
 the budget presentation. There will be a joint meeting with the Warrant Committee and School Committee here in the Board of Selectmen meeting room.
 I think this is.
 will entice the jury.
 We had established a search committee.
 I thought Governor Baker's remarks about the number of people having experience as selectmen in the government is interesting.
 Wonderful, that's terrific.
 So, 10.
 We have
 We will receive feedback from both houses already weighed in.
 recommendation.
 I don't think I can attend all of them, but if both of you are available, John, that might be helpful to listen in.
 This is for all.
 the cost.
 So those of you that are interested, I'm sure it will be packed from 6.30 to 8.00 p.m. tomorrow night. I plan to attend myself. And then finally, with mixed emotions, and I think the word's already out, David, hit the newspaper. I didn't read the articles yet.
 distilling process.
 Good to see you.
 I know our health department receives the reports from the LSP as well as we do as well.
 amendments or anything else can be done after the 6th of March? No the amendments are scheduled are in the schedule and the amendments are after the warrant is voted
 So, if anything's happening.
 Sure.
 different kinds of restaurants.
 You don't have to run it.
 We haven't at this point here heard any negative feedback on that.
 make a motion that we accept the recommendation of the OPEB committee that we employ or issue an RFQ to investigate our... help me out David.
 Thank you committee for your time and efforts and I guess we'll move forward expeditiously on this table.
 So, we're going to go ahead and get started.
 guy.
 started at 7.30 and then leave a little earlier. Yes. Okay.
 And I might add, Mr. Chair, the other one is the community path, in some ways, has an impact on some of the projects, such as the high school and public works.
 I don't understand.
 Take care.
 We do a kids run every Friday at 7.30 in the morning.
 When I approached David
 So Ralph, I'll turn it to you to introduce yourself and all members can do that as well. Thank you. I'm Ralph Johns. I'm chair of the committee.
 For example, there are some possible modifications to our health plan.
 And a copy of this residential and commercial snow removal bylaws attached also.
 Ralph graciously invited me to Thursday night's meeting when all of this was discussed.
 start and talk about this event.
 Small mistake, big consequence.
 So because we have 93.5 million on the balance sheet now, and we're accruing 11 million a year.
 There have been some comments about it wasn't enough. It's going to be increased by $20 per student. More to come on that.
 I mean, is this a formal committee or just a working group?
 It's really up to the chairs.
 So I have a motion to approve.
 I was a town meeting member when I made the motion.
 motion to approve the following minutes, Lisa, they're in your agenda, right? Right. I'll just take the December 12th and 28th and write as amended.
 Who pays what? Would that be something that we could hear? Maybe at the next meeting? Yeah, because if you're a new employee, you come and they say, OK, here's your deal.
 some of the members of the board
 We did, Mr. Chairman, get an email concerning the bring your own.
 It's not part of capital budget committee, it's just a group.
 We did have one dissenting vote on that, so you'll have to judge for yourself.
 Oh yeah, sure.
 So I believe that is some of the things that we've heard.
 Thank you.
 I think David was aware of this and also was talking to Angela Braun in the health department.
 I think there's a lot of objectivity associated with this process. I support it.
 What do we need to think about that?
 I'll tell you why.
 Okay.
 If you could just get closer to the mic.
 At our last meeting, we reported that we were working with the town administrator and the HR director to get more detailed information on the actual cost of health care for retirees in Belmont.
 Did you get that, Lisa?
 present alternatives that would sort of rise to the top based on the evaluation criteria that they've employed.
 Oh, yeah.
 My understanding is that DEP per se doesn't really sign off on any sort of re-emissions.
 Reviewed by Tom Meading.
 That's great.
 schedule meet is it
 You were not at the 50-50% split for employees. They went to that.
 It took the burden, I think, this summer of really working on that task. And he got some good data, although it was not, it didn't go very far back, and it could not be released down to the individual level at
 Basically, as the notice says, their schedule, their plan of attack with regard to dealing with the required DEP notifications, the 20-day public commenting period, discussing what their remediation plan will be, which will then allow folks to make comments to their licensed site professional in the 20-day commenting period.
 I don't think it's wasted.
 time.
 We were anticipating some suggestions from the OPEB working group that we can incorporate into the RFP.
 Bye.
 Second.
 So I think two motions. One is to, because I, do I just designate, do we have to do that point too? I think you either can designate or you can.
 do.
 to double it.
 I had two small comments.
 I can.
 at the point meeting with the is no that's the 13th I believe okay
 lot of buzz and discussion around school funding.
 Appreciate that comment, of course.
 Generally, the people we've talked to don't think there'll be any immediate action by the legislature.
 you want to go, we'll go the traditional route.
 If you recall, certainly if you were on the board at the time, Jim, but the Board of Selectmen tasked the Capital Budget Committee to put together a priority matrix and scheme. They did that. They provided it back to us.
 that you can't.
 But whatever it is, I think we'll get feedback.
 So what are you doing these days? If we don't mind you answering.
 Do you need to vote this article? Do you need to sign it?
 store.
 When you do 10...
 to be able to do that.
 next. I mean it's really a lot of criteria, a lot
 was part of the board when we went through an extensive search and decided on David Kiel. And David, you've been an outstanding town administrator and you've really brought professionalism, integrity, and you've updated our team as well to the town administrator position and the budget process and all of that good stuff as well.
 So that was a great conference and I was happy to be able to go.
 The plan is this year is kind of the same formula for any of the net proceeds.
 What's the thinking on that? So right now we don't have a bylaw that restricts folks from bringing their own beer and wine to local establishments that don't have licenses.
 We're going to talk about that.
 The PQ.
 It's a wonderful event and it's a great cause and supports Becca Pease's ongoing aspirations.
 Sorry that we had to spend that time.
 Let's go through the minutes quickly then, gentlemen. It's 8.30.
 Okay, dude.
 Wait a second, I don't even know what executive section you're talking about. No, no, no, that's the topic that you wanted raised tonight.
 I think we have, but we don't know, right?
 That was Thursday, February 2nd.
 I've been struggling in terms of what I should use there.
 I mean, certainly that would be okay with me. So go ahead, Ralph.
 There's actually two there's two things there's a public information plan and then there's a remedial action plan
 either one of our basic
 $15,000.
 point of view of them, of Paris, that the matrix will then present
 30
 to suggest that they're not going to do their job because they're licensed.
 I think the state has changed, David.
 So there's a way to enforce it.
 And as I said, it's a bittersweet decision, but I really enjoy the town of Belmont and working for it, and I'm going to miss it. So, thank you.
 So something like that we might want to try out and see if it has any benefits for our health costs.
 We only have one storm.
 And that's been strategically paused, waiting for the high school.
 So it might be helpful to look at that.
 So if you think about it, it's not pear per se, although pear works for us.
 This is only the annual time, correct?
 We appreciate that.
 I mean, that's what the bylaw says.
 So I'd like to stay on that working group since we've made it ready to headway. And then after this spring, we can decide what to do.
 The only thing I would just say is, based upon our conversations, there's not a guarantee that if you do something sooner that that's going to necessarily translate into faster action by the joint committees.
 reviewed by all relevant departments and they have no concerns. I have a motion to approve.
 I think this is something that can carry us forward to the future. I'd also like to give a selectman Jim Williams credit because I think this is what he's been asking for all along is this type of analysis and data from a professional consultant. As a matter of fact, do you have any comments, Jim? Well,
 The next meeting is February 2, 2017, at 9 a.m. here in the Board of Selectmen room. It's a working session. And then we have a meeting on Monday evening, February 6. That's 7 p.m.
 I think we were pretty happy with home.
 regular session?
 depends
 It's surprising, not surprising, but the colleagues at the table, other selectmen from other communities who are in the western part of the state and their budgets were a lot smaller than ours and they were dealing with issues that are a lot different than ours.
 Exactly.
 because there's also going to be reduced discount rate.
 Okay.
 Now when we get to the meeting minutes, we have a couple small changes.
 and bring a bottle of wine or something for breakfast? Is that what you're saying? I'm saying that under the ABC ruling you could go to different establishments and have a bill.
 This other matter about the discussion of the select malaisant to the War Committee,
 Well, I think we need the information that David's referring to.
 Senate is about to within the next week or so.
 whatever we provide. It's a peer review.
 What can you tell us about the process? What happens after March 8? So I think after March 8 is that once they've gotten the feedback from the community, I think they'll start to formulate their recommendations.
 non-financial articles.
 and I'm running 10 marathons in 2000 this year.
 Okay, we have two.
 Last year the net was $7,000.
 We made some decisions around interim appointments.
 That was very interesting.
 Well, this is place for art
 Still down there?
 So this is
 Thank you so much.
 So we can.
 That was basically part of our analysis plan.
 and discuss that.
 retirement board actually.
 I mean, do you really need a camera, you know, to involve the EMC in that? I've been asked.
 Okay, I need M&S.
 to
 Great
 Are you going to walk it? Yeah, you can. Of course you can walk around my car. I'm going to suggest.
 Yeah. Okay.
 Right.
 No, no, no.
 So what we'd like to do, and what we met last week, we'd like to ask that the town follow the basic format of the RFQ used by Wayland. And also, if possible, perhaps add a few additional tasks, not unlike the sort of tasks you give to Siegel on the pension plan.
 And we have a very good reverse 911 that, in terms of when there's a parking van.
 I think you've met everyone here at the last meeting.
 All right, Jim, you better start training.
 That's fine.
 We've been doing that for a long time.
 Yes.
 Those were acquired by Toll Brothers.
 So we'll see.
 been a subgroup of the Capital, but not a quorum subgroup, because it's been Anne-Marie, myself, Pat Bruch, which is not a quorum, and David Kale that's been discussing these matters.
 I think we were advised that there are several variables that take place when home rule petitions are passed by towns. And it doesn't necessarily, it's not a one for one thing where if you did it in March that it gets treated any faster or any slower than if you did it in May.
 So, and then on.
 Just the accrued liability.
 the increase in unrestricted government, and this will aid, was going to mirror that. And there was also an announcement by the governor that he was going to, his administration was going to increase Chapter 78, although
 I strongly support this idea and I don't know what enabling motion we need to take but I'd like to see us do that Mr. Chairman tonight.
 So I was embarrassed.
 I'll be
 of individuals that are doing that.
 Okay.
 So that's disclosed. And then also I was wondering, do you feel that you have a good understanding of the health care plan itself as it is? Or can we ask Jessica to give us a quick overview of what's available? I think that helps.
 Another point, Jim, I think that was raised at the meeting, now that I'm remembering the
 I remember that, and I remember that our committee supported that as well, so thank you.
 So I will do those separately.
 In terms of our report, I think we've had a real breakthrough. And let me just explain what happened.
 Okay.
 9 AM, 9 AM.
 well as Franklin Tucker from Balmintonian. We have other representatives as well. So we have a fairly light agenda this evening.
 Sure
 several emails from members of the public that have talked about the RAM and talked about what the town's ability
 It's difficult and challenging not to try to jump to a conclusion.
 It's thinner.
 many people will be right together and how long so last year it was just this last minute
 So I think that, depending upon what the potential recommendations are, that they would be considered seriously.
 Take care, Chris.
 Folks can attend the meeting, you know, they don't have to have their BMC come out.
 Okay.
 I'm glad you supported as well, so I fully support.
 I want to thank my colleague, Selectman Williams, for pushing this issue forward as he has over the past several months. I think we're in a good spot.
 It's sort of chaired by Anne Marie and Pat Bruch is involved and now Roy Epstein is going to be participating as David Koehler and myself and not Paul Karmann.
 Lord I know about a shape but yes, sir
 I'm just the liaison and I stay away from deliberation on that committee.
 Thank you.
 different kinds of aesthetic.
 take positions after you've built the final warrant article.
 You need to let us know that. The more that we can do as a board to support efforts. You're inspirational. Ten marathons is just phenomenal. Almost one a month is incredible.
 Community Path and Location Advisory Committee, that's advisory to this board that we formed, to advise us and recommend to us their recommended route segments.
 It may be prudent to engage a consultant that we have identified to take a look at the RAM and to make suggestions to the license site professional for a toll.
 140 adult runners.
 Okay.
 have been available since December 9, 2016, and they are due back to the town clerk for certification by February 14, 2017 at 5 p.m.
 much did you say?
 That's right.
 I think it's something that they will.
 Great.
 I think CPIC will then be presented with PEAR's recommendations and they'll take a vote.
 But your working group is coming up with a financing plan.
 in the year before that.
 Right, and the League of Women Voters is scheduled for March 24th.
 We did the over 60 for the Dan Sharfman Memorial.
 That may be true.
 you had an interim report to us February of last year, right? February 2016. But the purpose and duties under the direction of Boa Sackman, this temporary working group will evaluate and make recommendations on the town of Belmont's OPEB strategy.
 And we also want to make sure we implement it so we maximize our savings to both the retirees and to the town.
 discount rate we use for...
 I also attended housing on Saturday.
 So moved.
 I don't think we should look at, at least my point of view, is a bylaw to restrict it.
 and taking the travel up to that.
 We're going to tour all the major building committees of buildings. So police station, we're going to look at the...
 he's going to be part of that as well.
 All in favor? Aye.
 This is an unanticipated but unique opportunity and I've been asked to join the city manager's leadership team as the assistant city manager for fiscal affairs.
 and put you up.
 I think we've done a lot to address this issue by getting a professional point of view in terms of other matters that we can do, another strategy we can.
 a ten minute discussion?
 We can't have a bylaw that prevents that, can we? I think you as the licensing board can have rules and regs.
 So do I have a motion?
 These are all going to be held in the Town Hall Auditorium.
 I mean obviously you still have to train like you do?
 All in favor?
 Any other liaison reports?
 No report.
 That's perfect.
 more restrictive language.
 that we had.
 Thank you.
 Goobheavenous.
 Okay.
 That's why I know that when I approve them, I know you've read them.
 we use our EW.
 I don't know, Jim, whether you want to serve in this capacity because I haven't been able to attend any of these meetings. I know Matt will attend, but perhaps more active involvement from the board of selectors might be helpful. It's up to you.
 Yeah.
 I mean earlier than that, like an off cycle meeting.
 to see you.
 I'll rate those at 4.
 28th
 if it's necessary, but that's fine.
 716.
 Hi, Becca.
 But I think what you'll find is that I think this is the sort of RFQ we should use when we hire our actuary for the FY16 biennial report on OPEB obligations.
 Chairman, I don't know if you were able to attend, Sammy, the National Missile Association events on Friday.
 I guess I'll say a few things if I may, just because as March 13th gets close, you really wouldn't want to have to listen to me.
 In addition to that, and just doing some conversations, I guess it's unclear whether having the Home Rule petition presented to the House and Senate sooner than the anticipated May annual town meeting necessarily results in faster action.
 Mark closes for later and your notice explains that warrant articles proposed by citizen petition must be received by the town clerk no later than March 6th. Those are required.
 I don't know, I think they're gonna try to formulate from this process a record.
 I
 I don't really post the meetings, but I'm happy to listen. There's nothing there that we just discussed.
 Bye.
 Yeah
 Okay
 We've been there
 Good.
 Sometimes after March 8th, then, obviously.
 You need to take a vote? I don't think so.
 I would be remiss if I did not thank the town administrator's staff for their hard work and their support and their teamwork.
 Introduce yourselves, put the mics on, and we appreciate you coming.
 Thank you for coming.
 So moved.
 So once that analysis is complete, we'll provide you a recommendation to allow us to implement.
 There's got to be some towns that are going to be.
 None of the joint committee chairs or memberships have been appointed yet.
 I mean, I.
 So we're in discussion with Keolis on the matter? Yes.
 I think Phil sent a copy of the schedule.
 I get to make the motion. Yeah, Jim, and I wonder the other point I want to make is I'm fine with the study committee plus Jim, my colleague Jim Williams, helping to identify along with David and the town administrator's office who we send the RFP to.
 they look at that as well to ensure that we haven't missed anything? I think we can include that.
 The
 The report said from Odyssey that's in our binders dated December 14th.
 Selectman Williams was inquiring if the MBTA was in the process of possibly considering when they leave the Belmont Center train station to be able to reduce their speed from what they are able to travel at.
 Yes.
 Because we don't have a bylaw.
 This is a wonderful.
 I'm going to go to bed.
 I think that's really the way to do it.
 And the next thing to report, Mr. Chair, as you noted earlier in the meeting, Toll Brothers is having a public meeting to discuss their remediation plan for the site and to talk about schedule and other topics with the public tomorrow evening.
 Okay, that's right.
 That's good for her. So she's on the count down.
 except for Timothy Lara who has joined us.
 Clayton M. Christensen, Lisa Elie, Alfie Cohn, and Rupal Patel.
 in which case I'll gladly do it.
 The board then can basically finalize that so that we can include it on a warrant. And based upon what I just told you in terms of schedule,
 You're appointed to be the primary contact for the MBTA advisory board meetings, but we have typically appointed an alternate in case your schedule doesn't allow you to attend.
 It's actually a pretty perfunctory basis with these components that may add some time, but generally we've already drafted an RFP.
 She's a pro, so. Anyway, we're thrilled that she's joining us this evening.
 Thank you.
 The next to last what? Paragraph on page 3 of the December 12th meeting notes.
 Anyway, did we agree to move forward like we did, right? What we're doing is because some of the calculations were a little bit dated,
 Okay.
 I have shared the RFQ that the town of Wayland used with the town administrator, and I want to give copies of it to you because what I am proposing tonight
 So I'll do community announcements first and then we'll see if there's any questions from town residents.
 So how do we approach this? What's the plan in terms of moving forward over the next 10, 15, 20 years? And I think this is what this group is hoping to provide, the recommendations to this board, to the Capital Budget Committee, Warrant Committee, and hopefully a presentation at town meeting in terms of thinking about a way forward.
 brothers.
 Sure.
 Mark
 So they do two times around the reservoir.
 Probably have some discussion on the town administrator's report on the home rule petition license transfer. I think we're all anxious to hear about that, David. And some liaison reports, both on the Community Pathways and Reputation Committee, which is doing a lot of work.
 Hi, Jeff Levine, member of the committee.
 But we should spend ten minutes deciding that we're not prepared, because the three of us need to discuss.
 I think it's been adjusted.
 We thought they had done it all by themselves, but in fact, they had asked their actuary to do it. And as Jeff said, he almost cried when he heard that because he'd been working alone by himself. And in fact, it looks as if our actuary could very well get the information we need to model real cost.
 Yeah.
 Okay, cool.
 athletic.
 So is that something, David, because it's been an expansion, you think we need to take a look at, or just leave it as it is?
 some of the stuff that will be presented might require someone who has that background.
 It really is logical. And then finally, on Wednesday, February 15, they will have a public meeting to present the evaluation criteria for the eastern end, which is Belmont Center to the railroad bridge, Brighton Street, that connects it to, of course, the Cambridge Community Path. And then finally, on March 8, it's a summary
 Do you have a question? No, I just want to introduce myself and my company, Lux Express Janitorial Service.
 So I don't know if anything's on the schedule or not, but I think it's prudent given everything that's going on to work within the schedule of the legislature.
 It's your, just like you designated Jim to take your spot on the MBTA advisory committee, I think.
 When you play golf, you don't celebrate your good shots and you don't get down on your bad shots. You just- Steady as you go.
 The change is no longer needed.
 which we should not disclose unless we're in executive session.
 to encourage them to look at these issues and help provide legislative relief, no different than they did.
 Would you mind? No.
 Yeah.
 You'll have two more members of the board that will be there.
 Mr. Williams.
 Thank you very much.
 Beautiful.
 We would go for a request for proposal.
 I mean, it's really more of a working session, Jim, so it's really not a formal meeting per se.
 Is it 2012, I can't remember, Ralph.
 one. Thank you.
 we can get them.
 Last week, Jeff and I met with representatives from the Wayland OPEB committee, whose work we shared with you last year.
 that that will be.
 I think we got those materials.
 I think it's a prudent
 I know this has been posted on the website, I believe, right? So it's a lot of work. Evaluation criteria, the matrix, it's very complicated.
 say the final articles.
 Oh great.
 So I think, colleagues, what I'd like to suggest as part of this announcement is David and I have been already started our discussions about a transition plan. And having gone through this once before with my colleague Ralph Jones and Angel Frenzy was on the board as well.
 I think we should continue to be active in it. We do get a lot of information from the MMA and the Arab.
 which $4,000 went into scholarships for two student athletes.
 other than the topics discussed. So community announcements. I'll begin with the winter weather information. It looks kind of nasty out there. Tonight,
 Oh, that's wonderful.
 facing with a significant debt exclusion sometime in the near future.
 Two one-day liquor licenses.
 So both have been, both Representative Rogers and Senator Brownsburg have submitted those languages in each of those potential home rule petitions to the respective councils, both the House Council and the Senate Council.
 I'd like to know who asked us to do this.
 I plan to try to attend some of these meetings.
 of building projects, I already talked about that.
 David, what are you saying then? I mean the traditional use has been kitchen on the common.
 I'm not sure.
 We can expand it to include some of the points that you made Jeff and Ralph as well that you know So the nature out other than just sort of calculating a number for us that maybe is more refined We appreciate the the willingness of the town administrator and the HR director to have us help
 I'm sorry, the 13th will be presenting the budget.
 I know, you're right.
 Bye.
 3
 5,600 people registered.
 Thanks.
 for your support.
 I want to suggest that Gold Brothers has hired Sage Consulting Inc.
 Last week.
 then they wouldn't get a conviction or license, right?
 I'm indisposed.
 Thank you, Lisa.
 of the.
 Incorporating
 So those are the two amendments we received.
 just like to, I mean, wouldn't it make sense to remind us ourselves of that? Yeah, that's fine. Yeah.
 I will have a chance to read this as well, I'm assuming, Ralph. But are these consulting
 that we've had initial conversations.
 That is true.
 But if it's okay with both of you, I want to remain on that.
 Everything was settled up on that. And the Sons of Italy, the records preservation, everything.
 I think it's a great idea.
 for family.
 You said you had something, David?
 talked about that and then I was able to talk to go to the annual meeting in which Senator Elizabeth Warren, Senator Ed Markey, and Governor Charlie Baker spoke and they were all, three of them were phenomenal in terms of their speeches and outlined, and particularly Governor Baker outlined his commitment as evidenced by some of the work he's currently done with the Municipal Modernization Bill and sort of their approach in terms of appointment of their administration of local officials, how they're committed, which is great to hear, about continuing to
 It is absolutely separate.
 I think it's joint committee of municipalities and regional items.
 So whether it's true or not, I have no idea.
 Aye.
 We should revisit that at some point, David.
 I did a number of times with my son.
 Is it their requirement to do that? I think they started with the public information plan, but they will be releasing that.
 include the financial means or that's
 Did you start that at General? The cross country at General?
 One that we heard from Wayland was that, as you know, Belmont just has a family plan and an individual plan. Those are the two options.
 other resources, visit www.belmont-mass.gov.
 Curtis Cole with Belmont Boosters.
 The first is do the standard GASB 45 report using all of the assumptions that are proposed by GASB. And as you heard in our previous reports, they don't really very well reflect what's actually going on in the town.
 Mr. David, congratulations again.
 Yeah, I think he did say that. Unrestricted government in this village.
 I would just also note that in the course of the conversations, the legislature is in the organizational phase of appointing committee chairs and the like currently.
 So basically
 selectmen for, they'll recommend, I'm assuming they'll have a recommended, let's
 Yeah, running marathons and climbing.
 I'm going to attend this meeting tomorrow night, and I'm obviously going to sit in the back of the audience just to listen, but we'll just see what comes out of that meeting.
 All in favor?
 Yeah.
 630.
 different kinds of establishments other than, and I'm trying to think of pubs and to breakfast places and stuff like that.
 Yeah, a little bit more active participation from the board I think might be helpful.
 I mean, if you're-
 I think they need to do anyway.
 So we're here to hear more about the second annual, correct? Oh, Becapese Family Fun Run to be held on April 30, 2017. So I'll allow you and introduce yourself.
 meeting on it. When you say the financials, what does that mean? That is to report to the board where we are prior to budget submission to inform you about where we're at in terms of the budget process.
 Just like an hour head start.
 So assuming that, they both can attend these meetings and that would just support Jim's efforts.
 It's been expanded than the typical, as you say, kitchen on the common floor.
 I looked at the list, though, so one is, of course, SMS, which we use, right? KMS. KMS, excuse me.
 open meeting.
 Celebrate your good shots or get down on your bad shots.
 Day as well, so
 to an RFP for this.
 Have a good evening. Thank you, Ralph.
 get the real cost and then work from there.
 Our town administrator, David Keel, has submitted a designation from the position of town administrator, which is effective March 13, 2017. And David, can you describe the position? It sounds like a wonderful opportunity for you that you'd be taking in Cambridge.
 But also in addition to that, looking at our funding strategy, looking at other things that we can do to sort of impact this estimated liability in the future. That's what the Wayland RFQ did and that's what their actuary does.
 be what?
 So the financials, as you know, are usually taken up in the June time meeting. But the warrant will include general...
 I still own my daycare and I still manage Muzi's.
 peer review.
 Adios.
 to privatize the process that's in place.
 So it should have been $400,000 instead of 4 million.
 So Jim, I don't know if you want to have anything to share from the meetings.
 It is one of the things I've been concerned about.
 I think a lot of people know you, Curtis, as well.
 But also the ABC has issued new regulations to expand that to, I believe,
 going to look at a DPW facility, the high school and...
 by all town departments.
 informal work.
 session end? There's an informal session after they close, but which is where we happened last year,
 We'll go back up the agenda to vote, open and close the annual town meeting warrant.
 the kids that come out.
 to see what the footprint may or may not be.
 Other questions, gentlemen? There's a motion to open and close the intertown meeting warrant on Monday, February 6, 2017 at 9 AM, to close the warrant on Monday, March 6, 2017 at 3 PM.
 being sponsored by the board or anything.
 and actual data versus estimates.
 Okay, great.
 Jim won by a nose.
 I mean, I didn't source it completely.
 Some of that's subjective, of course, but looking at all of the root segments and options broken down between the West, the Central, and the East, and also having criteria for those and grading those. And so from that, what you're likely to see is top three root segments for each of those particular areas of town.
 So when do the citizen petitions close down? The same date as the warrant.
 I can't bring you more beer.
 You may have three or four.
 Thank you.
 July 1st of 2016.
 Is it 9 AM because it's after the VHSBC meeting?
 important person in the room.
 Any comments from other members?
 So would it be different than that, then? I will tell you the calculation and the methodology will change with GASB 75 in terms of how they report it. So it will be different.
 There may be other strategies that we can employ as we approach our collective bargaining season as well.
 I really like the idea a lot.
 do these all at once. Let's do it all at once.
 Bring your own booze, I guess.
 It's a capital, it's a.
 Great.
 and that's a state license.
 Yes.
 So those of you that need to do that, please contact the town administrator's office.
 We're going to vote to open and close the annual town meeting warrant.
 Just to vote to include, not to vote on them.
 So to that end, they are scheduling three public meetings.
 Is there more that we can do besides approving this fund run to support some of your efforts in town?
 But
 A licensed site professional can or cannot include them in their RAM plan.
 We had people doing it for the first time and it came together.
 on that.
 they've issued regulations to allow the expansion.
 I was actually very surprised.
 who wear a tie.
 But that's the one in which it has a breakdown on actual cost.
 November 7, 2016, joint meeting with the Warren Committee, the November 14, 2016, regular session, the December 2, 2016, working session and executive session, December 12, 2016, executive session, and the December 19, 2016, regular session.
 moving forward with this type of an RFP, incorporating some of the things you just discussed.
 plus the board committee.
 So I think it's a quality of life issue for our community.
 So we will provide you information once we receive confirmation and conclusion from
 the committee that
 What can you say about GASB 75? Are we going to tell Craig to do something about that in connection with the 2017 financials? Yes? Yes.
 That was because of Floyd.
 And then here's a change for December 28th, one copy down.
 Bye.
 I think that's a wonderful idea and I think we should have members of the study group review the proposal work in conjunction with our town administrator's office and constructing it.
 Okay.
 It's the same route right same route other other routes for like the over 60 crowd Jim and I did the over 60
 I would also like to say that part of that enjoyment has been able to work with talented and dedicated and hard-working group of department heads, employees, elected officials, and the various committees in town. And we've achieved a lot collaboratively, and we've done that within a limited framework of financial resources.
 and met with us almost a year ago, and you're back in front of us again.
 David, along with the health department, has also chatted about this.
 I think that's what we heard, right? I don't know what the timing is, Jim, but...
 All right. Okay. Thank you.
 only two entrants. You came in first, I came in second.
 But the schedule outlines when amendments can be submitted.
 So that sort of intermingled.
 Yes we have.
 We're talking about school funding, the gym raised OPEB.
 Great catch.
 My name is John Higgins.
 shorter, more restrictive language.
 going to be hard on me.
 motion for that so moved second
 We've been doing a review of our rules and regulations.
 So do I have a motion to engage someone specifically or to pursue, sort of investigate?
 I'm assuming that you spend time within our schools as well. I do I was just
 schedule.
 So it's easier for me to just be training all the time.
 to see you again.
 percent.
 Is Becca Pusey coming in or just members of the boosters to authorize the...
 And so I think that's helpful given the fact that this is something that's going to evolve and live for years to come.
 It's something that the three of us have to discuss.
 folks are aware of that, they have the citizens petition, they have to submit it by March 6th.
 Yeah, I love it.
 library for the library
 So moved.
 I'm just checking them out. I'm doing the 50 states.
 I'm just bringing it to you tonight.
 Can we get those photos so I can announce those under that section there?
 So we never would have made it through without you. And I know he would have made it through as chair on that task force.
 Also under the taxi cab.
 basically do both at the same time so that you have it reflect in 1718, I think has been generally the advice that we've received.
 Dr. Ngo, busy as your schedule is, appreciate it. It's an honor to have you here today.
 I think Matthew is looking forward to this and will be able to receive and communicate all information received.
 know Sammy you've addressed some, not concern, but you requested.
 Do you want to serve on capital and I'll serve on the warrant? Or if Jim wants to serve on capital, that's fine.
 their own pace and their own schedule.
 can't do that.
 We don't really gain a lot of advantage by roaring through the intersection at 75, and there's probably a more reasonable speed limit that could be assigned.
 All in favor?
 we're touring
 I'm going to introduce.
 All in favor?
 You allowed it you've you endorsed us to move forward which we are doing we'll update our information We'll give you an implementation date, which I think fills we decided should be 7 June I think July 1 of 18 and
 fully fund the ARC in order to use the higher discount rate.
 So again, thank you for the opportunity.
 So I'm just going to, before you announce your...
 We understand that. All that we're requesting is the opportunity to work with that person and help shape that RFQ, help shape the scope of work and evaluation criteria.
 I think you had good weather yesterday, I don't remember. I wasn't able to attend, but...
 Yeah.
 I have done this route.
 The period for the warrant articles to be submitted is February 6th to March 6th.
 David, I think you've heard from other.
 I think
 It's fine.
 Every two years we're going to get a new report, hopefully with new town-specific information, and we're going to have to look again at what our options are and what our funding procedures should be.
 One of my announcements is that Liz Allison, who had held that position, resigned because of the workload of the planning board, and she was kind enough to recommend a replacement who was very qualified, as you've seen in his resume, and we're glad to have him.
 already announced our local election polls open from 7 to 8 p.m. and tomorrow evening January 21st 24th excuse me I'm sorry at the Beach Street Center located at 266 Beach Street from 630 to 830 p.m.
 I mean, I don't think that would be productive if they did that, because then it's back to, like, well, how do we decide? So I think CPIAC, based on the work that PEAR will be doing, and again, I think PEAR has been, having attended a couple of these meetings,
 We've been asked to think about providing a town-sponsored licensed site professional to review the plan and to make potential recommendations as part of the 20-day commenting period.
 third.
 Well, we've been asked to review and comment, and we're making that review meaningful.
 My daughter and I are going to Disney this weekend.
 All right.
 Remember the other day when I spoke with you on that other matter, that other day at that time, that other time?
 So beer and wine then.
 Thank you for saying that.
 had his hands around the data more than anyone else.
 I think that's it.
 Humbly I don't believe you're going to have enough time to do all you need to do on the second.
 Perhaps part of that, would Jessica be in a position to give us an update on any sort of collective bargaining matters?
 Accidentally got more than they initially asked for in their RFQ
 Okay.
 of the high school that were in the middle of a feasibility study for that we're looking at you know in conjunction with the mass building MSBA Mass School Building Authority the
 review of the WAM plan that will be issued by Sage Consulting Inc. on
 We've included the schedule in our account in our book here.
 And then they'll all come to the room.
 Okay, that's wonderful, that's terrific.
 None of us are HIPAA certified and therefore the town administrator and the HR director in the town could only give us aggregated data.
 We can do it in the community now.
 We're waiting to issue the RFP and we've started to collect the directory data to provide to
 That's a good recommendation. I always celebrate my good shots and get down on my bad shots constantly.
 Okay, so the first order of business, are there any questions from town residents in the meantime? Oh, I'm sorry, Jim, we wanted to do one of the community announcements just a little bit on the MMA meeting, right? I attended the MMA meeting, I only attended on Saturdays.
 the 12th on page 3.
 giving you the option.
 I would say that if we wait till the spring town meeting, you can have a special town meeting as part of the annual meeting.
 Floyd Karman is not a member per se, but will be providing information on financial projections, debts, and all of that.
 Okay, Committee Appointments and BTA Advisory Board, David.
 or other establishments you're saying?
 And then on page 3 of the December 28th, there's a small change in the wording. With regard to the taxi cab moratorium report provided by Vice Chairman Baggio.
 Those have to be incorporated because that will be a reporting requirement that needs to be reflected.
 Go for it.
 It would be helpful maybe with the consultant or your input as well, collectively.
 I don't believe so.
 That's okay. Great.
 Thank you.
 I'd like to serve in the warrant at least through, you know, the next few months. If you want to serve on capital, we can just flip the roles.
 How is that American?
 Since you ran, you should make the move.
 But they don't sell beer and wine, do they, David? They just sell their own product, right?
 bringing on some of these issues.
 vote to include the final articles in the warrant will be April 3rd.
 Then on February 8th, at the same time, 7pm in the Town Hall Auditorium, they were presenting the matrix criteria for the central area, which is the eastern end of the DPW property to Belmont Center.
 Okay, cool.
 So Ralph, if I may.
 That'd be helpful. I think I know the topic.
 Thank you.
 Like you, and what you reflected in your comments, I'm always attracted to scenarios.
 But I think that we've had conversations with Toll and they are, again, looking to be collaborative and trying to be cooperative.
 You will receive a draft of the articles shortly after March.
 Payer has allowed CPIC to really take a very deliberate approach in terms of how they look at this.
 Coming from PTO in Wellington.
 We have an update from the OPEB, the Post Employment Benefits Committee, looking forward to that. They're all here this evening.
 And I think that's an important development because of the estimate that it may very well eliminate $13 billion of our assumed obligation for OPEC.
 I think I announced this the last time, David. This is a terrific event being sponsored by the Belmont Vision 21 Implementation Committee. Talk of the Town, sharing the passions of notable Belmont residents, is scheduled for March 21, 2017 from 7 to 9 p.m. in the Chelmere Middle School Auditorium,
 I think we've heard from all three of us.
 to approve the July 11, 2016, regular session, the August 22, 2016, regular session, the September 12, 2016, regular session, the October 24, 2016, executive session, the October 28, 2016, working session, the
 I think that we would never have fully investigated this issue I don't think without this committee we wouldn't have really looked into this issue and begun to understand it as well as we now do without that motion.
 And dress as casually as you do. Go ahead.
 I was very surprised.
 some other discussions.
 All in favor? Aye.
 beer and wine.
 that last year the town in your office was unbelievable and helping us pull this together because we had a short period of time we
 Absolutely, Jim. I support that.
 All in favor?
 And does that put the entire $171 million on the balance sheet? Do you know? I believe it puts what your accrued liability is on the balance sheet.
 So I may be okay.
 You know, Waylon still uses the 7th, so I mean, they're going to...
 You used to do it. Full disclosure, I was on the Kitchen Uncommon, which I'm sad to have seen the doors closed, and buy a bottle of wine from Spirit of Gourmet, and my wife and I would have a nice dinner there.
 So I don't want to say it's been fully implemented, but I know the conversations that have been had about making sure or asking that if the speeds of the train leaving Belmont Center Station and crossing on Brighton Street can be at a slower speed than what is allowed.
 So the working group.
 We won the year before, but there's only one entry.
 amendments to the articles.
 Speaking of that, Community Path Implementation Advisory Committee has been hard at work with our consultants pair, and I went to a meeting last
 President concerned.
 different than before will be presented to this board for our consideration.
 We're part as part of it. We're doing tours and I'm going to report out on that in a moment.
 I would just say this is a bittersweet decision and that I would like to thank the Board of Selectmen, both past and present members, for the wonderful opportunity to be Belmont's town administrator and for the support that you have all provided to me and to our team. It's greatly appreciated and I will always be grateful for the positive professional and personal experiences that I've enjoyed during my tenure.
 We've employed to date, what more we can do. Members will be asked to evaluate the current policy and consider whether it is prudent to adopt alternative operating funding alternatives for the town. Towns unfunded, OPEB liability.
 The nomination papers are available for annual town election, which is scheduled for April 4, 2017.
 Take an Uber back.
 Thank you.
 All right, any other matters David minutes. Yeah minutes. I'm here for purpose, sir Meet with the selectman myself
 That's the only thing that we've been sharing with them.
 And I, as vice chair, have been serving on the warrant committee and you've been serving on capital budget. But my time commitments over the next few months are going to prevent me from taking on that role.
 great kids
 Okay, fine.
 That is a may.
 We have some one day liquor licenses to approve.
 The only other thing just to highlight is that Wayland really partnered with the actuary that they hired to do a more consultative relationship after these two reports were generated to look at policy options, to look at changes in scenarios.
 prepared by then? If you're not going to be prepared? I don't know yet.
 I don't know what that is.
 Last year I thought it would be really special just to do the World Marathon Challenge in Boston and nothing else, but now I feel like I'm ready to race again.
 Thank you for your support.
 That is literally hot off the press.
 you
 your downtime.
 I think the Wednesday, January 25th, has that changed? I thought it did.
 You don't need to read it all right now.
 up a budget, major building projects, what we're working on there.
 You can come if you want.
 Second. All in favor?
 Bless you.
 We're we're all we're allowed we will allow that information be posted on our website or in support
 I love it.
 Why don't we do that because there's only a few months left unless you're too busy to do it and
 I don't know, Carmina, what you think about that?
 We did appoint Glenn Castro to do that, but we feel that now that we have Matthew Haskell joining the team in our office that this would be a good opportunity for him to be the alternate instead of Glenn, especially during budget time and during this time of transition.
 traditionally it's been the chair that serves in the Warren community and the vice chair that serves in the Capital Budget community.
 So be.
 So I would ask Dr. Puzzi and Curtis Cole to join us on.
 of time enough you put into that and how you structured it and the report that was written was just outstanding work.
 on December.
 So we will be doing that shortly so that we can, as we noted, it's the implementation and the communication and the ability to answer questions with retirees with regard to their prescription drugs that's going to require HR to spend a lot of time. So we want to do it right.
 Which frankly is just you use a high discount rate and really underestimate your mutual. You're not gonna get that kind of return on asset typically.
 Much was raised.
 Thank you.
 can do that.
 Yeah, that doesn't say that they're going 75 miles an hour, but I thought it probably made sense, since the distance between Belmont and Alewife is only a mile.
 We'll move.
 have scheduled a number of tours beginning this Friday.
 No, no, I don't think.
 Yeah, sometimes you have to march it.
 That's no different than the designation.
 odd hours.
 It's not an easy road for those of us that don't run as often as you do, Becca, of course.
 So after March 6, there can be no... That's the deadline, yes.
 This breakthrough, I think, is very important.
 Damn it.
 with our department heads and our employees are an extraordinary group of people and I will miss interacting with them on a daily basis. And as I've said many times, our department heads and our employees are the town's biggest assets and we should never forget that because they really are a bunch of dedicated and hard-working individuals that we should appreciate.
 We've been waiting for.
 you'll receive a draft of the articles in... I thought we changed that date, isn't that...
 But I think it's good government for us to provide our independent point of view, hiring someone to do a peer review for a fairly small amount of money, whatever the cost might be, debit.
 family in the world doing what I love and bringing back and showing my daughter, you know, everything.
 Maybe we need to think about that a little bit more.
 It's difficult, as we would all do, to not reach conclusions. Meaning that, well, how about this? What about that? Why doesn't this make sense? Rather, what PEAR has, because they've done this a number of times, has consulted with us and really worked with CPIA on is ensuring that it's a very deliberate, logical process, where they're really looking at evaluation criteria and the matrix.
 While the process yields that the licensed site professional does have a public commenting period and absorbs and collects comments from the public to potentially incorporate those into the plan,
 Thank you.
 whole brothers will be, are they presenting their remedial action? I don't know if it's called remedial action.
 One final thing, I think what our committee did at the end of our meeting and a long discussion was realize that this is going to be a long-term process of evaluation.
 It's important.
 you can.
 Once they had hired the person, they found out that that particular party was quite willing to give them back and forth information on ideas, advice, suggestions, and so they found him very helpful.
 Jeff work on it then yes
 Yes.
 the fire, it was great.
 code
 So the legislature has expeed.
 This event is being held on April 30th.
 But using a HIPAA certified actuary, we can get much more granular data and therefore have a much more robust picture of what our costs are.
 You want to just comment briefly about that. And that's it.
 And then the schedule after the warrant closes on the 6th of March, just to sort of highlight
 Oh, great.
 I
 library trustees of course have a feasibility study group as well that's looking at the library and so we have major building projects that if you collectively put them together cost this town several hundred million dollars. So
 on the Christian Village site.
 to sort of provide it back to us, that. And then we asked the Capital Budget Committee to start to think about a plan for it. And what grew out of that is an ad hoc working group, if you will, not appointed by the Capital Budget Committee, but members of the Capital Budget Committee, which included myself, Pat Brugge, and Anne Marie Mahoney. David, of course, joined us. And then it's been expanded now to include Roy Epstein, the chair of the Warrant Committee.
 Bye.
 can just bring in a beer or wine.
 Just serving capital.
 understand that.
 select an association breakout, Jim was there as well.
 minutes are wonderful. I don't have any comments usually.
 So we haven't yet proceeded. KMS is not doing that for us.
 That was the golf coach at Duke.
 Okay, we can do that after the meeting.
 So David, by the next meeting perhaps we'll know, have feedback, and we can decide then.
 I mean, if it's all the same to both you and Jim, I'd
 And it's not all alcohol either.
 Frankly, probably in our 17 and 18 because most people have said you should just do it once and not have a split. Gatsby 45 and the new Gatsby, which for the moment I've forgotten the number.
 We're going to talk about that, David. I did talk to you about one item last week.
 What more can we do to, or our legislators can do, and I'm sure Will is very much familiar with this stuff in particular,
 look at him at a high level.
 Yes.
 I believe they've been notified they plan on sending a representative.
 So this is probably going to be an ongoing process for a couple of decades until the pension plan is fully funded.
 I mean, why don't we plan to meet in an executive session to understand what Jim is thinking about?
 That is correct.
 I mean, I think by
 So the draft articles will be submitted to but to town council for them to review if they need to not And then they will be the your schedule to vote the articles that will be on the final warrant will be April 3rd
 will discuss the valuation criteria for the Western end, Waverly Square to the DPW property.
 The train
 Okay, so moved.
 We've got one drafted.
 We had the plan designed that was lobbied heavily by MMA that resulted in whatever millions of savings.
 although we are meeting formally.
 Take yours and pass it down, please.
 All right, good.
 I think it'll help the actual I think
 That's great.
 Sure
 I didn't think about this until just this very moment.
 So maybe we should take a look at that. And we want to be pro-business, obviously.
 The purpose of the meetings will be to present the consultant's conceptual design of the alternatives carried forward from CPAC as well as potential alternatives for each segment discussed at the meeting.
 This is not for
 with a John Hancock who will be one of our biggest sponsors most likely.
 I think both of you copied on it, right? You copied on Jeffy Will's emails?
 idea.
 Doris Doyle had made contact, and we just hadn't ever gone out and sat down and talked with them directly. And we were rather astounded to learn that the Whalen Committee had actually contracted out the data collection task that Jeff had been working on to their actuary.
 We discussed this in the town administrator's report in terms of some thinking that at least I had on whether we need to consider a peer review. This is just announcements. We can do it under that of their RE-EM plan and may provide comments in that 20-day comment period.
 Do you have the meetings, David, that they posted? I forgot to bring those.
 So I have had conversations with Representative Rogers and Senator Brownsberger on the draft home rule petitions with regard to the transferability of pouring and retail licenses, and specifically the ones that will require all licenses to come to the board for transfer to either new owners, even at the same location, and the like.
 Unless I hear something different.
 I really want to thank members of the CPIUC and the amount of time and effort they put into this.
 fun, they all get medals and that was fun.
 Beyond that, those other three buildings are in desperate need of upkeep and repair. And of course, we have the skating rink that's part of that, although we're not looking at that per se, because the skating rink
 First is from what?
 the high school they were awarded senior day with the balance of the scholarships and then the other proceeds went into the booster fund which you know funds grants. The
 So for, this is on our website, David?
 I think we'll have a lot more to say, but I'm going to miss you desperately and want to congratulate you on this new position because it sounds wonderful for you.
 It's a great event.
 Thank you.
 18, extrovert old numbers, you mean? Yeah.
 I like him not for it.
 Okay, then on February 13th.
 started working on directory data to provide to the
 I think I already, just on liaison reports and maybe others, there's two that I want to report out on.
 Can a restaurant restrict that as a matter of policy? I think they can. I'm not sure they can.
 t
 the recommendations of the OPEB Working Committee.
 Because we had tried Friday, we changed it because you weren't available.
 Selectmen. I'd like to call this board of selectmen meeting to order on Monday evening January 23rd 2017 at what time is it back there? 7.05.
 I think you were going to ask if someone from the committee or you or someone could be on the, participate in the review of the, I don't know if that's appropriate in your town policy, but the review of the RFQ. Of the RFQ. Of the RFQ.
 Congratulations and thanks so much for continuing to inspire all of us.
 I mean, it's not to say that, I'm not sure that it sets precedent. This is a significant build. There's a concern in that neighborhood about the environmental issues.
 Thursday. Thursday, I think, was it? Was it Thursday? It's all blending in. Either Wednesday
 regulations that have statutory effect. If we have that, then you have from 6 p.m. to 10 p.m.
 Okay, did I say 15,000 you did I mean 5600 was still a lot of how much
 Thank you.
 my understanding is because we don't they can't.
 are we?
 playground.
 The police chief is following up.
 Yeah.
 I think we always say we've done as much as we can.
 Okay?
 David asked me where I got the information on the 75 mile speed limit and I told him I got it from the media.
 Second. All in favor?
 It's been nothing.
 Like I said, I think the committees are not, I just looked on the webpage today.
 Yeah, so Selectman Bagdadi, Vice Chair Bagdadi, had a good catch on December 12th's meeting where we had the
 announced and actually hit the globe. An increase, David, I think it was three level funding or at least an increase, whatever the increase in tax receipts were going to be
 if I may.
 I'm Rebecca Pizzi from Belmont and we had this first event last year and had so much fun and the proceeds went to the foundation.
 A lot of our corporations that we work for have family plans, individual plans, and plans for couples. And since a lot of people are simply couples and have no children, you can get a reduced cost and they don't have to have a family plan. So it's a cost-saving option. And Wayland even took it one step further and started giving couples two individual plans, which apparently even had a lower cost.
 Okay, that makes sense. And follow official social media accounts on social-media. And there's a snow emergency hotline, 617-993-2698, we're going to call it.
 to include the meetings in May, I thought.
 I look forward to seeing you on the 30th of April. Right, Jim? Yeah, I see the Chenery runners.
 was. If you recall, there was a public-private partnership thought about that one.
 kids race too, which is a mile around the track.
 I haven't fully read that plan that was sent to all of us.
 done any since the last time I saw you? April was the last but in February I'm going to New Orleans and Texas to run those two marathons. Wonderful.
 Thank you, David.
 Bye.
 So we will then make sure that what we have presented doesn't have any fundamental flaws before we submit it as a Warren article to town meeting.
 provide our comments but whatever the RAM is the RAM is they can decide to incorporate it or not right?
 And then do we have a... Oh yeah, they're gonna present to this board.
 So if it's okay with both of you, I'd like to suggest that perhaps I lay out a plan for that by the next meeting to talk about whether that is consistent with what you're thinking about the matter.
 Because it really does make a difference. It's not at all what you expect until you actually do it. And I believe the increase in local aid, he mentioned 3.9%.
 Thank you.
 The second part of the RFQ says, do that same report, but this time use our data on our health costs, our assumptions about experience with health care, our assumptions about future trends. And so they got a second and much more town-specific and much more realistic picture of what their OPEB obligations are. And as we heard last year, they were about 30% lower than what the GASB 45.
 How are you?
 further business to have a motion to adjourn well I'd like to ask that the working session be on camera because it's going to be about the financials and I think in the spirit of open transparency it would be good to have that
 As Baker said, if you're an elected public official, we're all in this together.
 some charges.
 I don't care.
 So I think 630.
 the corking.
 Okay. Well, I think you're working with...
 to basically go out to...
 Thank you.
 Seagulls involved there are not something that Jim has suggested before.
 It's happening.
 All right, we have a motion. Anything further? Adjourn?
 I do both actually.
 Great.
 establishments as well.
 going to suggest that you create an over 60 category for these two people.
 Thank you.
 Although there is rules and regulations and statutory oversight of LSP, DEP might be able
 Even if even if a state license is permitted, what are we talking about the distillery now? No, we're talking about the expansion of the
 This does not include the financial articles, correct? It will include a draft of financial articles as subject to revision as we finalize them.
 It's just been so much fun.
 to approve the town administrator engaging a licensed sites professional to provide
 I think what you're suggesting here is that the RFQ can be brought and then just providing us a report on our unfunded liability and what the assumptions are. It would be based on actual data.
 Jeff Lubian.
 Yeah, I
 I know Roy Epstein in the Warrant Committee has expressed interest, and we actually met with Roy on some budgetary matters and asked whether he wanted to just sort of join forces, because it didn't seem to us, or at least to me, that the Warrant Committee, I think the Warrant Committee was just, I think Roy was just expressing an interest in it, no different than we are interested in it, and I said, why don't we just ensure that we're teaming on this, and if you want to designate someone from your Warrant Committee to work with us in the working group, he said, I'd like to do it.
 Basically the Home Rule petition was passed at Springtown meeting, and I believe we went to testify in the fall to the joint committee responsible for reviewing Home Rule petitions with regard to liquor licenses.
 Is that why that was circulated? Was for us to think about it? I think it had come up in some of our deliberations.
 at the incinerator site.
 We have a one day liquor license application from the patrons of the Belmont Performing Arts Company to serve wine and malt at their trivia night fundraising event held on February 10, 2017 at the Beats Street Center from 6.30pm to 9.30pm.
 Thank you, Sammy, for that.
 introduce yourself for the viewing audience.
 So that's a typo.
 I did go Friday as well. I attended the Department of Revenue, the budgetary discussion.
 Exactly.
 we have to do a snow emergency parking ban. And it's useful information.
 I've won three times in a row now.
 Yeah.
 So,
 No.
 Okay, we have to
 But you would not believe it.
 Let me just look.
 recorder or recorder of the minutes.
 This means that Jeff can stop working on those data, trying to interpolate and make assumptions about how all these groups fit together, and instead we can get a very robust actuarial report that we can then use as a model and then going forward use as a basis for estimating what our OPEB policies ought to be.
 Okay.
 people
 Take care.
 talking about this.
 Three public meetings, and they're primarily focused on right now is continuing to introduce, I think what they've done, PAIR has done in conjunction with CPIAC is introduce a very objective process where they have criteria for matrix.
 for you.
 Rules and regulations that say you can't... Maybe limit hours.
 as a state license, that doesn't come under the local license.
 Yeah.
 Oh, okay.
 wasn't unanimous but all the other projects were unanimous.
 motion to approve.
 So we're not going to see that in the 2016 report. And there is something in the 2016 management analysis, or no, in the footnotes that describes the GASB changes.
 in terms of impacting future costs. I mean, one of the things that you and I did, a member of the board, when we had the opportunity to adjust plan design, had a traumatic impact on future estimated liability. And I know some of this is collectively bargained.
 So when are we scheduled to go out for ROQ?
 Now this doesn't excuse a shareholder from doing that once that point in time is achieved. But nonetheless, in terms of culpability, in terms of that analysis. Does that go to the issue of punitive damages and attorney fees? The issue of punitive damages and attorney fees, there is no substantive basis for attorney fees in this case. It doesn't exist.
 felt at the pretrial that our claims and the evidence that we are going to see would sustain our action or our claim for punitive damages.
 He acknowledged in his findings of fact that Mr. Gorder was unschooled in accounting and law, that he relied on his professionals, and that without his loans, this company would not have survived.
 I'm here today on behalf of Rapid Displays.
 had lost money, hundreds of thousands of dollars, in every year prior to that.
 That's the purpose of Antinbind.
 And the result of it, your honor, was TAPS 105. And that was the basic list of all the things that we found that were transferred improperly.
 So in terms of the statute, it doesn't apply.
 so i have to tell me whether you think the houston case that i don't have
 I note that my colleague states that the fundamental error was that the trial court held that the timing in this matter was July 31, 2001.
 So whether you term it the breach of fiduciary duty or you call it improper dissolution of the assets when you're dissolving a corporation, those duties are the same.
 You said that punitive damages wasn't applied and yet I'm looking at the
 It's our principle position on this appeal, but it was a fact-bound case that had two critical factual underpinnings to it.
 There was $568,000 in accounts receivable not accounted for.
 It's not there.
 This is not a fraudulent transfer under Oregon state statutes because there was contemporaneous value given the loans that occurred.
 And that dates back all the way to 1997.
 And one of the interesting things that I hope the panel found it interesting, but on page 32 of our brief we took the trouble to actually do a pro-rata distribution that had the court
 the point of the Fraudulent Transfer Act. At any point that you're running a company that's insolvent, you have these duties to act properly.
 Here Mr. Gorder gave us an indication of his net worth.
 Most of the time I'm dealing with cases where people are trying to save their own skin. But here Mr. Gorder is continuing to place money into the corporation.
 equitable subordination argument. I have only seen advance ever in an admiralty case.
 There was a Ray loan file that Penny Kelly said she maintained which she never produced.
 Right then it's
 that is simply not there.
 And at that point a meeting was held with the outside accountant, Mr. Mack, who testified, with the corporate counsel, Mr. DeSilvia.
 Mr. Corder was a fiduciary.
 and there was never any...
 Okay, you did raise that.
 That means this court, as a matter of law, because there was no accounting for these transfers, can enter the judgment in full for us.
 One can be a shareholder loan as a capital contribution if it is made to an initially capitalized corporation.
 And as I was trying to case, and it's reflected in the record, the trial judge looked at it and he smiled.
 You don't have any problem with the disgorgement of $188,000 for the boat and the beach house, do you? No. And what happened there was that it was improperly on the balance sheet in the first place.
 Do you think, is your position that that case does or doesn't apply? I think it certainly applies because the plaintiff in that case brought some of the same claims that we dealt with.
 suggested ways that this court can. Why don't you save your time? I think we have the idea. Yes, sir. Thank you.
 point in terms of generating.
 believe that the beach house and the boat were taken off prior to May 1st, 2001 in the books of the
 and any further money he's giving is to an insolvent corporation.
 When we sued him, he started up a new company and shut down the old one. New Corp.
 statement of towards five nine.
 And that simply did not occur.
 that any monies after that date that Mr. Gorder loaned to the corporation, which I understood to be about $100,000,000 would be treated as a capital contribution, contrary to what Judge Geldreich found.
 We made all of the arguments, but we did not cite that specific case.
 And I think that's a good point.
 Gantt and Bime doesn't deal with the issue of loans versus capital contributions.
 I don't know the answer to that question and I'd be happy to look into it and provide the court with a short brief on that.
 The trial court made numerous errors of fact and clear errors.
 fact the trial court said it was clearly not.
 Were there improper shareholder distributions if loans were repaid after that were made after the date when Mr. Gorder knew of insolvency? Because I believe in that instance, the distributions have to be because of Mr. Gorder's
 What fiduciary duty does he admit he breached? Well, the trial court's finding, your honor, was that Mr. Gorder breached his fiduciary duty for failing to properly liquidate his corporation, which was Insolvent.
 If I understand you correctly, at that point, he should have if you realize he was in Sava, he should have stopped operations, marshal the assets and and distribute them on an adequate per share.
 But here we have a trial court who misinterpreted the law on how to do the pro-rata distribution, misinterpreted the law on what the fiduciary duty meant, and misinterpreted the law on how Mr. Gorder was required to account. Well, if we said what the law was, is there any reason to think the district court couldn't follow the law as we stated it? Well, that's why we've also maintained that there are clear errors of fact, and there are a lot of non-findings, but the fundamental error here is calling it a day on July 1st.
 I'm sorry.
 You can be under-capitalized from the get-go.
 company had significant assets.
 In fact, the fiduciary duty, Judge Sheldrick's found that Mr. Gorder was not told of his obligations under, to Marshall Assets and to do an orderly liquidation.
 if a pretrial order said punitive damages, once that happened, even if they weren't in the complaint. I don't believe there was a pretrial order here. I
 What the combine in the fraudulent transfer acts and everything else tells us is that when we proved our case, Mr. Gorter had a burden to come in and establish the good faith of his transactions because he was the sole shareholder, director, and officer of the company, both during times it was being dissolved and while it was being operated as an insolvent company nonetheless.
 All right. I think we have your point.
 The fundamental error that the trial court made was limiting RAPID to what it deemed to be transfers taking place after July of 2001.
 When they entered into the contract with Rapid Display, it gave them a balance sheet which displayed accurately what their financial situation was, including a reference to a note payable shareholder of over $495,000.
 I want to save my quirk some time having to track them down.
 Now, it's also, the trial judge puts assets back into the pot so that they- Before you go to that. Sure.
 I'm not concerned with the ways in which he breached his duty.
 answer Judge Gould's question, you mean unless the repayment were stamped dividend, then it's not an improper distribution of shareholders if he's the sole shareholder? I don't think that these were shareholder distributions in the sense of the definition.
 The trial judge had an analysis by the chief financial officer that he used. I'm still trying to understand how you want us to end Ron Houston and that principle and say that anything, any capital contribution made after he was aware should not be treated as, excuse me, any advancement of money, loan, whatever, should be treated as other than as a capital contribution.
 But in May 2001, Key Bank decided they gave the note over to special assets.
 So if the court here is looking for an alternative, it should find that the district court, if it wanted to do a pro-rata distribution, should have done it as of May 4, 2000.
 I think that's... You equate the undercapitalized and insolvent... Well, in terms of undercapitalization, the term undercapitalization implies that from the beginning of time when the company is formed, it was undercapitalized.
 relief you wish on your cross appeal? Cross appeal, the judgment against Mr. Gorder personally should be reduced by slightly over $4,000.
 It was taken off after that balance sheet had been given to Rapid Display.
 We've got no equity here unless we get our expenses from this case.
 Mr. Tobey came back and said the entire amount of rents due, they tried to offset that claim with rents.
 And I think that's a distinction that the district court confused.
 You know, I don't know what the views of the panel will be and I haven't decided the principles yet myself, but normally, even if we agreed with you on the law, we would not get into a kind of a fact intensive calculation as an appellate court.
 and the findings of fact.
 Okay, so.
 If you can imagine that his company of 20 years is now going down the drain, and he's still trying to put money into it to save it. And Judge Shelders found, the trial court found that he didn't. But under the Hinton rule, the second rule, if he has reason to believe that the company is insolvent at that point, he's got a duty to marshal up the assets as of that point.
 And what was improper about his liquidation? Well, as we pointed out in the trial court and thoroughly in our briefs, we identified hundreds and hundreds of thousands of dollars worth of assets belonging to his first company, which we've called Old Corp, that were either transferred to himself or transferred to his new company
 These were loans that were paid.
 about that. Can buy was it was the was front and center in the district court.
 trials are made for
 The Gandbind case also specifies that when you are operating the company in an insolvent state, although it's a going concern, the sole director, shareholder, or officer is still going to be required to properly account for and establish the good faith of his dealings with the company.
 Bentonbine deals with the issue of at what point does your obligation as a fiduciary kick in. When does that occur? The issue of loans versus capital contribution was front and center in front of the trial judge. That was an issue that he had to determine that was critical. Because if in fact these were not loans, then Mr. Gorder would not be repaid any of the amounts
 Our only point in cross appeal is that if you're going to put that back in, you need to correspondingly put the debt back into GORD as well.
 you're a shareholder, therefore I'm going to distribute X dollars to you, given your status.
 I
 Otherwise no one would do any business with a going concern that it's operating as an insolvent.
 So therefore, your contract would never have become a contract.
 That's what the court fundamentally got wrong.
 he also admitted in the trial court.
 There was not an overwhelming amount of secure debt.
 You want us to do a pro-rata distribution a year before your contract was entered into? No, our contract was entered on May 4, 2000.
 the same as being undercapitalized.
 got involved just before the trial.
 which Gelbrich I think went out of his way to indicate that this conduct was not inequitable.
 Sorry.
 Now we have lots of exhibits and I know we've probably overloaded this matter with facts and documents, but there's some important ones.
 In a sense, we know that the district court attempted to do some sort of bankruptcy analysis as of July 2001 because that's what the district court has said.
 Now the trial court here made two pivotal factual findings. One, were these infusions of bimest order, were they loans or were they capital contributions? That's a fact issue.
 From that point forward, then, his fiduciary duty occurred.
 Very well.
 Hoxton Holt versus Lederle.
 that way down.
 your theory again why given your acknowledgement that as of May 10, 2000. No, no, May 10, 2001, your honor.
 And we actually used Mr. Gorder's numbers for all of his receivables and what he paid. And when we added it all together, we would have been paid 97.1%.
 It has a balance sheet install and see.
 that myth collects the note.
 have a couple minutes so I'm going to go as quickly as I can.
 And also, I'd like to point out that ORS 95.261C allows for any other relief the circumstances require.
 The reference for that is tab 1069 and Duncan's testimony.
 trial trial court said hey rapids place all this on their
 And then in his decision, it was that sequence in May that triggered that finding that Mr. Gorder knew insolvency of his company occurred in May 10th.
 Mr. Gorder, because his company was insolvent when he contracted with us, had the particular responsibility to deal with his company in good faith.
 All we would do is declare the law and remand it to the district court for further proceedings consistent with our opinion.
 on Oregon common law, nor in the statutes.
 Mr. Children saw Mr. Gordon.
 Morning, your honor.
 in fact, reach a- So that's all you've got, is just what you said, that you thought you had a punitive damage claim and-
 If on May 4th, 2001, at the time you contracted with, as you call it, Old Corp and Gorder, you had the financial statements of Old Corp which showed losses and operating as a loss.
 says the test is, the fact test is, that the company must discontinue business by reason of its insolvency.
 This was not an asset because the materials and assets of the company were encumbered by the key bank loan.
 The amounts of these transfers, and these are things that were really never accounted for, the accounting, the entire accounting that we got in the district court is a document which was produced at trial, not in discovery, by Mr. Tobey, who is the controller of both Old Corp and New Corp, and that's at tab 116.
 Yes, I do actually believe it is the same duty because as the court will see in the Gantenbein case, it's cited to the precursor of 60.637 which is the improper distributions to shareholders case.
 Sir.
 In fact, the trial court held that Mr. Gorder knew that the company was insolvent on May 10, 2001, not late July.
 That's globally what happened and we are entitled to have a pro-rata distribution.
 transcript of the pretrial trial before you bifurcated the trial. Mr. Gantz is saying we pleaded the right to recover attorney's fees as well as punitive damages.
 1. These were loans rather than capital contributions.
 The countervailing evidence was prepared by a paralegal that was admitted simply to, as the trial judge says, to try to make the record make sense, but not for, as I understand it, the proof of the underlying calculations or the information.
 Well, the pretrial conference seemed to think
 and they recovered in full.
 You don't read the statement from that case that Gorta relies upon that it only applies in the case of an undercapitalized company that's undercapitalized from the get-go? No, and that's the point of the Gantenbein case.
 certainly by the admission of Mr. Gorder in this case, on May 4th, 2000, the day that we contracted with Mr. Gorder's company, they were also insolvent.
 He had a vested interest in keeping his company going and there are many companies that people do business with who are in precisely that state.
 be placed over $200,000 into the corporation in the year 2001 alone.
 One amazing example is that there was never any accounting for over $500,000 of personal expenses where we found things just in the three-year period of time that we had records that had been milked out of Old Corp because Mr. Gorder was paying his personal bills or non-Old Corp business bills through the company.
 These in fact were launched.
 And we don't believe that occurred.
 So the record in terms of Mr. Gorder's culpability is closed. Penalty damages were never pledged. There's no substantive basis for an award of attorney fees here.
 As far as attorney fees, what's your basis for attorney fees? Attorney's fees, your honor, in a couple cases I'd like to cite two.
 was a demand of.
 They had a claim, they brought a suit, and they were confronted with what can only be deemed as the classic shell game, which the courts have seen in many, many instances, and which many cases have incited to the court.
 I don't recall specifically. And you said there was no organic basis for an attorney fees claim?
 the record it says you may wonder why I'm smiling because this is an unusual case.
 He had transfers well above that that Mr. Gorder didn't account for.
 The Euston case has a two-pronged test.
 And the analysis here is the defendants in that case, or the parent company and the officers, had given advances in the form of inventory and goods.
 place the court date
 and I believe that that's... I didn't mean to stop you on the other one.
 Well he made two loans after, oh pardon me, no, you're
 Didn't even roll.
 And certainly if you're talking about a first in first out analysis, we're never repaid. Because the trial judge found that Mr. Gorter was still owed over $395,000 at the end of the day.
 Was there, it's not in the, punitives are not in the first amendment of the complaint, not specifically anyway.
 And that's precisely what the district court in this case actually made one correct finding, in fact, that I agree with, when he found that Mr. Gorder's money kept the company afloat.
 corn versus hay, which adopted the restated
 So he may be trying to save his name, but he shouldn't be expecting to see it back.
 Essentially our suit was to set aside these transfers and to get back the money that Old Corp should have had in its coffers to pay us.
 set forth in 95.230 and 95.240.
 Mr. Gorder loaned this company over $1.3 million over the course of its activities.
 Or, when no disinterested lender would have extended credit. Correct? That's correct.
 no formal pre-trial order. I wondered is there a formal pre-trial order? And it's a good question.
 He certainly did argue that the loans were not properly documented, that they could not be called loans, that he was simply advancing money to keep the company alive.
 I don't recall how Judge Shelders treated those monies post-May 2001.
 cited the desire to reach your honest.
 that's why we ask for certain precautions but that doesn't go back to excuse him for the manner in which he actually ran his corporation.
 I agree that the findings of fact are subject to the clear error standard and there must be a fundamental mistake.
 Thus, the debt given by Mr. Gorder was when he knew the company was insolvent.
 One last question, counsel.
 That's a broad definition. It covers any type of distribution.
 That was Mr. Gorder's justification for taking the money and doing all these things that he did and commingling.
 So that is
 And the evidence provided by Mr. Gorder and using the trial court's findings of fact would have put us in a situation where just under the breach of fiduciary duty claim, we would have gotten 97.1%.
 Now, is there any evidence in this record, and if so, please point out to me, that the corporation, i.e., what you call the old corporation, was undercapitalized, and if so, when? Again, your honor, based upon the admissions and the balance sheets and the financial statements and the long history. No, that's not what I, that's circumstantial evidence.
 I just wanted to see if we used the district court's actual factual findings, we used Mr. Gorder's actual findings for what he paid his creditors over time.
 What was ignored in the trial court was the way in which the company was run while it was insolvent.
 and we've heard that at least one of the relevant Oregon cases and the federal cases, neither of those was cited, it was all under Gannon.
 The trial judge had, accounted by the chief financial officer, and the trial judge had spent a significant period of time, as cited in our supplemental record, examining directly as his power to do so.
 out.
 That's correct.
 of the time when Gorder knew that his company was insolvent, any loans that he made after that time should be treated as capital importations, correct? Well, they certainly... You don't agree with that? I think as a strict construct of law, perhaps, that's correct.
 I'd like you to state what the duty was.
 case involved, interesting exhibits. Mr. Gorder, who is the president and shareholder of Interesting Exhibits, a company that lasted over 20 years, had excellent
 Okay, got that.
 uh... for those reasons your honor we believe that with the exception of our issue in cross appeal the judgment of the trial court should be sustained.
 That's tab 112.
 to
 And your honor, I think that there's a distinction to be made here between operating a company and the time when it becomes so bad that you must shut down the company.
 We don't ever really know what time the end of time is because there was no real liquidation and the district court actually didn't find when he specifically turned it down.
 I'm sorry, there are a couple more.
 One is on page 12 of the conclusions of law and findings of fact, the court finds that there were overpayments on leases, that Old Corp didn't receive revenues, and it paid for repairs for properties that Gorter owned.
 Not that it was a fraudulent misrepresentation.
 So in fact when Mr. DeSilvia, the outside counsel, was testifying, the trial judge says, now this time period may be important to me.
 We are here today because although the trial court got some of the things right, particularly the decision as to breach of judiciary duty, the result in the end was unjust and inequal.
 We filed an amendment complaint.
 you follow we did file a supplemental brief with the court your honor
 By his testimony, it was 96,000.
 In fact, when the trial counsel said, let's bifurcate this, I said to the trial judge, punitive damages aren't played in this case.
 This was not an improper shareholder distribution because it wasn't a distribution.
 We went through them and we provided affidavits.
 means a direct or indirect transfer of money or other property.
 We don't have that information from Mr. Gorter's company because it had been in existence for 20 plus years.
 Why didn't you realize the company was insolvent? Well, your honor, as the court in Gant and Vine and numerous other, in fact, the fraudulent transfer statute contemplates, there are many corporations which have a balance sheet insolvency but are going concerns.
 approximately $50,000 worth of equity on that line of credit.
 $300,000 plus that would have been available to us.
 was early May 2001.
 I neglected to mention I would like to reserve three minutes.
 This was a fact intensive case tried by US magistrate.
 I'm
 This is what happened in the multiple cases such as Houston's.
 The decision in Houston is actually right on point here because where you are putting in money to keep it afloat, you are actually gambling on the outcome.
 the First Amendment complaint.
 We were the bloodhounds in this.
 never got information about when, where, how, who, for what reason, any of that basic information.
 and that's the only time we've ever seen it occur.
 So we did take certain precautions, but essentially Mr. Gorder displayed that he had a net worth of three point some.
 When the trust fund theory kicks in at that point.
 I'm sorry, Your Honor, I misspoke.
 That's the state of the record.
 And it was also a misunderstanding of the law to try to do a faux bankruptcy.
 And at that point, Mr. Gorter was told, in essence, this company can no longer survive.
 breached his duty.
 I have a question on one of your earlier points.
 necessary rules.
 What would you have us do? Your Honor, we would have you on multiple theories because we produced hundreds and hundreds of thousands of dollars of transfers in excess of what we were owed, in excess of what the other creditors were owed, and in fact in excess of what Mr. Gorder, the district court, found he was owed.
 In fact, the Houston case was interesting because it didn't specify that the shareholder had to deal in good faith and establish that based upon a breach of fiduciary duty.
 to judge that by saying, your honor, there are no punitive damages that I'm aware of that have been pled in the case.
 to avoid at the suggestion of Judge Gould getting into details like that. Leave that to the trial judge.
 The case is argued and submitted.
 There was a receivable for $43,000 that his, Mr. Gorder, Judy Walsh, acknowledged was received, but it vanished into thin air.
 second prong about disinterest of lender to that case.
 it's a mistake of law and this court can reverse that de novo.
 So what's the status of the record on first punitive damage? There was no pretrial order.
 One of the recent decisions that the panel has asked us for a supplemental brief on, the Houston's case. I don't have a copy of it. I don't know if my colleagues do.
 make sure I understand the sequence in Mac.
 did everything right.
 terms of punitive damages, punitive damages were never pled in this case.
 There was no finding in our favor as to the differential.
 Mr. Gorder dumped his documents on us in Discovery.
 The definition of distribution under the transfer of the distribution act is 60.017.
 It wasn't in regards to a shareholder.
 Then you had Gorder's personal financial statements.
 And what happened in May 2001 that the trial judge was looking at to make this determination, what happened was that there was in fact outside financing for this company, unlike the Houston case. And it was from Key Bank.
 What we do know is that it was insolvent at all times that he was dealing with us.
 to that in fact, under Gantenbein and under common law principles, the trial judge made a very clear analysis of when that fiduciary responsibility occurred.
 The issue here is not what came in and out.
 I'll be happy to provide more copies. I have a 28J letter where you raised Hamilton. Yes. That was today. That was today, your honor. We discovered Judge Gould's opinion in this regard.
 Dave Sweeney for Respondent, Cross Appellant Ray Gorder.
 One last thing.
 The defrauded and the disappointed judgment creditor proves that there are assets that were transferred vastly in excess of what they were owed.
 And if the company does well, you'll take a reward in its operations.
 The court says okay without prejudice, with either attorney's fees or punitive damages, I'll allow you to reserve putting on any testimony or making any argument on those two issues until the underlying liability issues have been resolved.
 What did we do? We got a bunch of documents and we went through all the documents and ledgers and we tried to guess and come about transactions and transfers
 requires inequitable conduct and that inequitable conduct did not occur.
 There was never any explanation or accounting for any of the claimed loans.
 May 4, 2000 was our date of contract.
 So he gave us also, we also required that we got a third down before we started the job.
 Judge, the trial judge held it on early May, May 10, 2001. Mr. Gorder knew that the company was insolvent. So that's
 It was that May period of time that Judge Shelders determined that Mr. Gorder then knew that the company was insolvent.
 admitted that he breached his duty and he has not appealed that finding.
 when the challenge, you said you'd have to go back and take a look.
 So that was clear error.
 Okay.
 vindication of a constitutional right, creation of a pool of assets for others to share in, the right to attorney fees. In some instances, if you're seeking the attorney fees, you spend it in prior litigation. But the prior litigation was against the corporation, not against Mr. Gorder.
 All of that adds up to about $890,000.
 I wasn't even raised by the plaintiff in that case.
 I was, if that was the conference immediately before trial, I believe I stated, and I was inserted in this case late, I think I told the court that I was going to be a judge.
 The trial court's problem is that it didn't make proper findings of fact and it missed. It missed the boat.
 Did he make a loan of $229,000 between 1231, 2005, 10, 01? I'm going to have to rely on the record, your honor. I don't have it in front of me.
 The opponent says it doesn't apply because they were not undercapitalized from from
 That's a misunderstanding of the law.
 But you do ask for a training piece.
 In fact, the loans or the monies that went in in late 2001
 In this situation, I believe Judge Gelders would have applied that rubric.
 addition your honor as as we've cited I may have not phrased my question yes
 Here Mr. Gorder gave certain advances to keep the company afloat and keep it a going concern.
 in there.
 The second prong applies here.
 That part of Gant and Vine correlates to the rules that are set forth in the Uniform Fraudulent Transfer Act, which Oregon's adopted.
 those would not have been appropriate.
 but in light of the law, that would seem to be pretty much have to be given what you acknowledge, that the trust fund duty applied at that point. Absolutely, Your Honor.
 cable see what is there was a bifurcation order issue right. The order that you. That's what I recall the court doing the transcripts.
 was this uh... or in case law provided the court in this case the houston's case regrettably was not your honor
 new cases that have been cited previously? These are cases that we cited in our, we never got an opportunity to even brief the issue in the trial court. To us, to us. Have you
 In essence, we knew what the condition were, of course, because he gave us the information.
 I'm running short on time, but I'd like to respond.
 As to punitive damages, at the end of the evidence, did you make a motion to amend your complaint to include a punitive damages based on the proof? No, I did not, Your Honor. It was never challenged after we started the trial.
 The idea that my clients have waived the protections of the Fraudulent Transfer Act or the fiduciary duties because we knew that the company had a negative balance sheet isn't square with the law.
 That's the only issue. The debt issued after May 1st, 2001? Pardon me? You mean the debt issued after 2001? That if the trial judge, and our point on cross-appeal is, is if you stick that beach house and the boat back in the pot for creditors, then it has a corresponding debt at the same time to Mr. Gorder that should go on his side of the debt column.
 Those amounts exceeded the amount that the district court ultimately even found as loans.
 there is a lot I think at least there used to be when I. Did litigation number years back. That a pretrial order supersedes the plea sure.
 and we probably wouldn't have been here except for the issues that we have raised on our attorney's fees.
 I suppose what I should have said more precisely was, did you have an expert witness, an economist or an accountant testify that on a date certain based on the financial statements, a business of this volume was undercapitalized for the purposes under which it was incorporated? No, your honor. Mr. Gorder admitted as of May 4th that his company was insolvent.
 As we pointed out in our brief, the four or five things that the court agreed with us on on transfers were all transfers taking place after Mr. Gorder got our suits, started up New Corp, and transferred assets.
 And the trial court heard testimony from Mr. Gorder. They heard testimony from the chief financial officer of the company. They heard testimony from the outside accountant of the company. They heard testimony from the chief corporate counsel for the company. They had documentary evidence showing that the loans were in fact evidence on the books of the corporations. Excuse me, did anybody argue to the judge that these were capital contributions? Oh, absolutely.
 You may remember, and I'll give you the tab number, but Mr. Tobey set out to determine and prove on behalf of Mr. Gorder that from May 1 of 2000, just three days before we contracted, they actually paid all of their other creditors 95 plus percent on the dollar.
 that also? Hardman I do not believe was presented to the district court.
 chief financial officer as to how the accounting records work, how the loans were booked to Mr. Gordon, and the trial judge was entitled to rely on that testimony.
 was a distribution to the only shareholder.
 There were two pivotal factual findings that occurred in this case.
 vs. hay.
 apply a loose construct? Well, no, I guess I'm going to make it my counsels arguing equity and here's a here's a fellow if you
 Was it a fiduciary duty owed by him to the creditors to marshal the assets upon his recognition that the company was insolvent? Is that the same duty as the directors owed under Oregon state law? That's what I'm getting at.
 I should know the answer but I don't think that there was.
 We added our receivable back in. We used the actual findings of fact for the approximately $300,000 that the district court did find was improperly transferred.
 If you read the Houston case with the Gantenbein case and the fraudulent transfer statutes, whether the company is insolvent or undercapitalized at a particular moment means that it's unable to pay its debts.
 Well, I guess looking retrospectively that's possible, but he did enter into the contract with us and he did give us a down payment.
 They provided the evidence that showed that they paid 95% on the dollar from May 1 of 2000 until the end of time.
 So you're stopped from saying it wasn't there.
 Issig vs. Umpqua and Medford irrigation.
 We identified $488,000 worth of, that had added up to $488,000.
 This overall actually EPA is one of the better actors in terms of compliance with the RFA in general.
 The public would.
 And now the lime industry as a whole is reluctant to expand or modernize its plants until the permitting uncertainties caused by these GHG rules have been resolved.
 well recognized.
 They invest time in training them.
 for all rules that are expected to have a significant economic impact on a substantial number of small entities, EPA must conduct sub-BRIFA panels to assess the impact of the proposed rule on small entities and to consider less burdensome alternatives.
 I do have a question for Mr. Holman and then a general question, I think, for you.
 The agency is taking a common sense approach to meet our Clean Air Act obligations to reduce carbon pollution.
 We were not satisfied that that took place, which is why we wrote four public letters to EPA saying you must do a panel before you proceed with these rulemakings. So in your role as advocate for small business in front of the EPA, they did not follow, in your mind, what the law requires them to follow? It was our belief that EPA did not follow the Regulatory Flexibility Act. They
 Oh no, I'm sorry.
 So you could foresee what was coming.
 That's the problem with CO2 if there is one. And climatologists looked at the Waxman-Markey bill, which was more comprehensive than the current EPA regulations.
 Final panel reports must be signed by the Chief Counsel for Advocacy, the Administrator of the Office of Information and Regulatory Affairs, and the Administrator of the EPA.
 do need to move along. And I apologize for the schedule.
 didn't think it would happen because it is out of the norm.
 Do please provide that to the committee.
 We actually won that case, and we have never, ever lost a case.
 A lot of times you do develop relationships with different people and agencies.
 Thank you, Mr. Doniger.
 I am addressing is carbon dioxide regulation.
 NLA is the trade association for manufacturers of calcium oxide and calcium hydroxide, commonly known as lime.
 rule of this magnitude in light of the debate that took place in the United States Congress dealing with cap and trade, this issue that has been front and center for the American people, a process that you both indicate works, why didn't you follow it for something, again, of this magnitude, of this importance, with the debate the way it is, with the concerns expressed by small business owners in front of this committee today?
 There will be some warming from manmade emissions probably.
 As soon as we get you situated, we'll get started here.
 Misconceptions about the effects of EPA programs are unfortunately no surprise.
 That restricts economic activity.
 I was referring to a phony storyline about small businesses that is generally told by others, by lobbyists for larger entities.
 new individuals does not make a substantive peer review process when we have repeatedly asked for the underlying data and have not been provided it by crane and crane or by the SBA.
 We will do that.
 We had 11 volumes of response to comment on this rule.
 And yet, when you go and talk to the largest of the large who have very homogenous, streamlined operational models, they run one truck, one type of trailer, it fails to take into account the multiple dual-purpose uses that small businesses actually engage in.
 But when you don't have a lot of contact with an agency, you are an outsider, and it's really tough to crack that egg.
 I know Mr. Doniger's testimony is that most of the small businesses
 Thank you.
 was to show that small businesses feel the effect of regulations differently than large businesses.
 I would disagree, respectfully.
 what I am explaining to you is that we did not impose a cost on our business.
 There was a lot of discussion between the Office of Advocacy and EPA on the tailoring rule.
 We'll get ready for our second panel.
 The economy of the United States has tripled in size since 1970, while we have been able to cut the emissions of most pollutants by 60 percent or more. So we can do these two things at once.
 that objection.
 Thank you, Mr. Chairman.
 While advocacy does occasionally have disagreements with EPA on procedure and policy, we are also very proud of the work we have done with EPA to improve regulations and reduce the burdens on small businesses.
 is deregulating small businesses.
 kind of a staggering figure.
 Ms. Rogers, does your office have the data used in the crane study? If so, will you please make that data available to us? I will check and see if our office has the data we would make available to you.
 At that point in time, SBA also indicated to us that we should convene a panel.
 It's still much cheaper than wind or solar. It changes the number some.
 Mr. Holman, you are now recognized for your opening speech.
 I wonder if you could expand upon that a little bit.
 Most of the 5 million jobs created are standard jobs for accountants, engineers, computer analysts, clerks, factory workers, et cetera, and the classic environmental job, environmental engineer, ecologist, et cetera, constitutes only a small portion of the jobs created.
 I think in your testimony.
 Ms. Rogers, what, if anything, was done to address this concern that was raised during the peer review process? We did have the document, the study peer reviewed, and it came back with actually excellent reviews during the peer review process.
 We also don't know.
 In bypassing the panel process, EPA lost its best chance to meet with actual small businesses face to face and exchange information with them.
 you could actually monetize the costs in terms of adverse health and the adverse impact on the environment.
 EPA adopted regulations last year that exempt small sources for at least the next five years, and we cannot include them, absent a future rulemaking with public comment that would do so.
 This one I want to be clear on.
 There was an effort to repeal that.
 Dr. Koruch, let me first ask you about the
 The next rule to come about was the vehicle emissions rule, of course.
 the mandate for these impacts.
 So it is an awesome.
 When I say they didn't include it, within their regulatory impact analysis, they specifically stated that the rulemaking would not have a significant economic impact on a substantial number of small entities.
 He asked five business owners, he said, if you knew and most of these guys started their business 25, 30 years ago, all very successful.
 Let me explain when that happened.
 We have done that, we will continue to do that.
 you quote, the ability to regulate greenhouse gases should not be limited. Do you know how many members, what the membership is in the small business majority? Do you know that number?
 Do you intend on always exempting small business? No. When it is appropriate, we do.
 Okay.
 We got their input.
 That's what EPA relies on.
 Ford, Motor Company, Chevrolet, every one of the auto manufacturers are embracing all of the clean air standards and creating electric cars and hybrid cars, and the public is embracing them as well.
 What it is going to mean is that you have to go to get a permit to do that expansion. In the process of getting that permit, it could be that every aspect of your operations will wind up being looked at by EPA or a State under what is known as best available control technology review.
 We'll look forward to visiting you again.
 I would submit to you that we both are extremely concerned that EPA get appropriate information and feedback on small businesses and impacts to small businesses relative to those that we are regulating through a rule, yes.
 If he wants a little longer time, we'll be happy to do that.
 Okay, so yeah, we have a problem where to make the investments in power industry, to build the power plants we're gonna need, for firms that are in energy intensive industries are reluctant to go forward if they think the regulations are gonna be burdensome.
 And we also have Ms. Claudia Rogers, who is the Deputy Chief Counsel at the Small Business Administration's Office of Advocacy.
 need fewer people to make that, so employment goes down as well.
 Thank you.
 In the 80s, people claimed that the proposed Clean Air Act amendments would cause a quiet death for businesses across the country, but instead the U.S. economy actually grew by 64 percent, even as the implementation of Clean Air Act amendments cut acid rain pollution in half.
 In due time, we will respond appropriately.
 Did the EPA allow for comments from private industry, including small businesses, on a greenhouse gas endangerment finding? We did. It went
 Air Act, greenhouse gas, pretty important stuff that they feel is going to have a real impact on small business.
 In conclusion, while EPA has expressed its desire to reach out to small entities and has provided temporary relief to small businesses, advocacy remains concerned that EPA has not fully complied with both the spirit and the requirements of the RFA on the greenhouse gas rules.
 Taylor and Wilt does that, but not for everybody, certainly not for the lime industry. BRICS, small utilities, municipal utilities, rural electric cooperatives, foundries,
 was in the room.
 right down the list of the row here.
 And yet they just couldn't see it.
 Ms. Rogers, do you think that they have really lived up to the spirit of that?
 And Ms. McCarthy, why?
 As far as I know, the study was reviewed by two individuals.
 You're going to have those costs.
 NLA and the other trade associations that were present had virtually no opportunity to have a dialogue with the agency about the actual design of the rules.
 I didn't get to my question, Mr. Holman, but we will have another round and I will get to that one next time. Thank you.
 I think you can make the case, if you look at the cost of running Congress, it's
 In this instance, we made a decision that we did not need to convene a panel because the tailoring rule was a deregulation rule.
 In the minute that I have left, I just want to ask Mr. Donninger, can you explain how the tailoring rule works to prevent harm to small businesses?
 The FDA convened the LIME Panel in January of 2002.
 Just let me follow up then real quick.
 would not have done it. Has that been the experience with some of the folks that you deal with? Or their attitude? Mr. Daly. What I hear from our members is they are basically on regulatory overload. I
 letter that she just entered into the record and EPA's closing quote relies on the small business majority.
 working on ones for the projected EPA regulations.
 does not challenge EPA's authority to implement the Clean Air Act.
 suggested that you do it.
 Thank you. Mr. Rokhab.
 That means eventually this rule affects millions of small businesses.
 In fact, Clean Air Act programs adopted since 1990 are expected to provide $2 trillion in benefits in 2020 alone, over $30 in benefits for every dollar spent.
 wouldn't you conclude that there has got to be something there that you could relook at that would help get burden off the backs of small business and maybe even not small business that, in fact, on a tradeoff of costbenefit, is not the best regulation out there? Ms. Blanken. Mr. Issa, I would suggest to you that we continually look at those issues and we are working with the small business constituents. Mr. Issa. Okay. Well, maybe you could explain something to me.
 entities, including the World Health Organization, International Monetary Fund, and the U.S. Global Change Research Program, a program mandated by Congress to integrate climate change, federal research, all definitively identified climate change as a real danger.
 It is basically the same methodology, a new version of the same study with an updated cost on how these costs are affecting small businesses.
 of the rulemaking that is public information and is in the docket.
 Thank the gentlelady.
 right ahead.
 I would very much appreciate it.
 Thank you, Mr. Chairman.
 some regulation could be bad.
 The report we released in October of last year found that the benefits of the law have far outweighed the costs.
 Could you clarify just once more, do any of the current greenhouse gas permitting regulations burden small sources of greenhouse gas emissions?
 Correct me if I'm saying your name incorrectly.
 in the same community.
 Ms. McCarthy, if EPA funded a study, would the agency expect to have access to the underlying data?
 The brief has been 1996.
 With that, I would yield to the Chairman of the full committee.
 Ms. Rogers, did the SBA Office of Advocacy contract with Nicole Crane and Mark Crane, and did they ask the authors to evaluate the benefits of regulation or only the costs?
 But this is important.
 And that uncertainty exists only because there is a limit on how long EPA is allowed to make an exemption under the court doctrines that EPA is using to justify these exemptions.
 But the next day they're pulling a flatbed or a drop deck. And in that, now that technology is working against them.
 My time has expired, but the Chair has just said that he is going to ask one more question. He has been kind enough to let me ask another question.
 Nearly half of NLA's members are small businesses.
 Can you comment in general, that's specific to that piece of legislation, but what regulations are doing? Our country has had 20 plus months of unemployment hovering at 9 to 10 percent.
 When EPA issued its endangerment finding in 2009, advocacy again filed public comments advising EPA to conduct sub-refer panels to explore potential impacts of greenhouse gas regulation on small entities.
 for the record, and if I may recite just one paragraph of his findings. Contrary to conventional wisdom, environmental protection, economic growth and jobs creation are complementary and compatible.
 No, you should take Ms. Speier.
 So there was no way in which we could apply this rule.
 Thank you.
 don't have accelerating warming.
 Thank you for the opportunity to address such an important issue for small business.
 Unlike the BACT process that has existed for criteria pollutants for 35 years, we are in a totally new arena here when it comes to greenhouse gases. Nobody knows exactly what is going to be required.
 And at the end of the process, you end with a panel report that has the recommendations from actual small businesses on various alternatives that get put into the docket.
 what was coming.
 Okay, so when Ms. McCarthy answered the Ranking Member's questions about there was
 for QIADAVA studies have analytic consistency, rigor, real peer review, transparency. The
 argued that it was not required to conduct a panel for these rulemakings.
 Dr. Kreutzer, I read your testimony.
 Thank you. I have about a minute and a half left and I'd like to give each of the other three members of the panel the opportunity to respond to that.
 The endangerment finding, no, did not directly regulate small businesses.
 I'm not going to insult you twice in 30 seconds.
 you take that into consideration?
 Mr. Holman, would you like to maybe pick up where these guys just left off? Let me start with you by asking this.
 got to take away any uncertainty out there. I just want to know which way is it.
 It failed miserably.
 Okay, thank you.
 Others might have a different opinion.
 Virtually all of the buildings, the small businesses that own those buildings are untouched by this regulation.
 You bet.
 So when she sort of implies that one side of your two positions must be good and the other is ill conceived and doesn't care about the same things that we all saw President Obama elected for, at least, Ms. Rogers, I suspect you object to some idea that you don't care to get it right or that somehow your mandate is different in some way.
 three times.
 Thank you, Mr. Chairman, and I look forward to your questions.
 In the course of the hearing, I guess I sort of picked up on this and asked him this general question.
 Just for Title V permits, 6 million new entities will have to be permitted. So the tailing rule is just putting it off for a few years.
 And is this a notable exception or is this the only exception to when you suggested you move in this way and go through the process that the law spells out? Is this a notable exception? Is this one of a few that's been done this way or is this the only one that's been done this way?
 adjourned.
 specific issue is the Boilermact rule went through a public process.
 In his written testimony, Mr. Doniger cited the National Academy of Sciences, which concluded, and I quote, climate change is occurring, is caused largely by human activities and poses significant risks for, and in many cases already affecting, a broad range of human and natural systems, unquote.
 I'm not sure what the perfect answer is.
 So strong.
 been pretty flat. So, you know, we don't know for sure what it is. But more importantly, let's say it is the 4.5 degrees C that they're talking about at the high end of the IPCC model.
 because advocacy is an independent body within SBA, my testimony does not necessarily reflect the position of the administration or the SBA.
 In my written testimony, I did a cost comparison showing that the renewables are 80 to 280 percent more expensive.
 609C of the RFA does allow an agency to reach out to small businesses, but we don't feel that this relieves them of their duty to hold a SBREFA panel.
 we have.
 I didn't know if the ranking member was here.
 solemnly swear or affirm the testimony you are about to give this Committee will be the truth, the whole truth, nothing but the truth.
 EPA did conduct public outreach.
 There are a number of businesses that are not going to be entirely shielded by the tailoring role.
 The meeting was in reality little more than EPA giving attendees a broad brush overview of the proposed rules.
 It is under, oftentimes, under the guise of safety and where that's appropriate, obviously.
 with regulation, it's even more costly, because you have the compliance of the administrative costs as well, and the 6 million permits that the EPA said they would have to issue for Title V permits.
 I would emphasize that EPA certainly follows both the letter and the spirit of the RFA as it has been amended by SBREFA.
 The sum total of one of the individual's comments was, and I quote, I looked it over and it's terrific.
 Thank you, my time's expired.
 If you knew then what you know now, would you have started your business? And every single one of them said, wouldn't have done it.
 As I said in my testimony and in response to Ms. Buerkle, the purpose of the tailoring rule is to focus the permit requirement, the requirement that big new plants and big expanded plants examine whether they have the opportunity to control pollution at an affordable and achievable cost.
 Seven of the nine Lime companies potentially affected by the rule participated in the panel process. These small Lime companies met with EPA twice, including a face-to-face meeting in Washington, D.C.
 One of these flaws of the study was that they looked at costs of regulation without looking at the benefits.
 EPA generally goes above and beyond and we always meet both the letter and the spirit of the law.
 You may not have thought it was absolutely necessary, but why not do it again when they are saying this makes sense to do, when business owners are saying it makes sense to do? We have heard testimony of the concerns they have.
 Can you shed some light on that?
 In four years of greenhouse gas regulatory activity, EPA has not evaluated the economic effects that its initial endangerment finding and mobile source emission standards have had on small businesses.
 Good times.
 Ms. McCarthy, do you have any concerns with the peer review process used to evaluate the crane and crane study?
 Now, Ms. McCarthy, wouldn't you agree that somewhere in $1.75 trillion, if that is an accurate number, that some of that should be reviewed and reconsidered to see if, in fact, changes could save much of that burden and free up those dollars for other uses, even if they are uses to help clean the environment, that not every regulation has accomplished what you wanted it to in a sound science way? Wouldn't you agree?
 Thomas McCarthy, as you know, the National Academy of Sciences is far from the only organization that has reached legitimate, compelling scientific conclusions that illustrate the real danger caused by climate change.
 These Clean Air Act tools have proven their worth over and over in these years to improve public health.
 Pretty close? Yes. Let me ask you this.
 Thank you. Mr. Holman?
 Thank you very much. I yield back.
 Rogers, you're up first.
 Thank the Chair.
 see no reason why they would take that exemption away.
 Okay, but that's not what you said.
 The Office of Management and Budget predicts that the total economic benefits of the Clean Air Act to be more than four to eight times the cost of compliance.
 I would have yielded, but I have constituents who are waiting in the wings to talk with me. So I would like to take my opportunity now.
 prepared to do that? Oh, we certainly will. Okay.
 about 15 years, that's what I have.
 Thank you, Mr. Chairman. I am sorry that my colleague from California left.
 Let me suggest to you that from a public perspective, if you are using taxpayer funds, we deserve to have the underlying data so we can, in fact, determine whether or not it is accurate.
 At this point, I'm going to yield myself five minutes and see if some of the other subcommittee members join us.
 To no one they may liberate.
 I've got a follow-up task of you, Mr. Doniger, so I go back to the chair.
 These small lime companies face intense competition, and they are particularly sensitive to increases in regulatory costs.
 Several of the people here have suggested, well, that may not be true in the future. Well, if Congress was going to do something that would be constructive and help create the regulatory certainty we need, it would be to lock in the tailoring rule the way it is now and take away any uncertainty about how it develops in the future.
 We don't deny that these technologies will work where appropriate.
 Unless you all want to retire or resign at this point in time.
 I think where we disagree is that the tailoring rule, which seems to be the issue at hand, is a burden reduction rule.
 I apologize, Mr. Chairman.
 Mr. President, I have a question.
 Investments in environmental protection create jobs and displace jobs, but the net effect on employment is positive,
 Thank you. In your testimony you talk about the cost of cap and trade and the cost to our GDP as well as a number of employees.
 In 2008, when EPA issued an advance notice of proposed rulemaking indicating it might regulate greenhouse gases, advocacy filed public comments asking EPA to hold subriffa panels on any greenhouse gas regulation to ensure the effects of small entities could be considered.
 You had to do this.
 I'll add another question to this round if I can, since I think we've got a little time here.
 I appreciate your work in the interest of advocacy, in the Office of Advocacy, and I'm happy to answer any questions you may have.
 So when you say, you know, what is the magnitude of this impact on smalls, the moment we don't really know.
 Certainly from the standpoint of looking at what the impacts are of that program, EPA has done not a particularly good job.
 The data so far, we look at the last 15 years.
 If the tailing rule is followed and allowed, it would provide an exemption for some small emitters of CO2 for a few years. But even the EPA says that eventually it is going to cover entities requiring just
 However, instead of convening a panel, EPA simply chose to have a public outreach meeting, and only after it had proposed three rules under GHG program, the first, the endangerment finding, the vehicle tailpipe rule, and the so-called tailoring rule.
 Thank you very much, Madam Chair.
 a process that was undertaken with small business owners.
 The last report that EPA went out and contracted for and worked through was peer reviewed by 34 economists and technical individuals.
 I'm here to present the case that what's being done now makes perfect common sense
 Californians recognize that we all have a responsibility to be stewards of this planet.
 Thank you.
 The next test was the effects on consumer costs.
 However, it did set the greenhouse gas regulations in motion.
 Ladies first, please.
 Well, we explained each of those rules, and I can go through them if you'd like, but we still believe we took the appropriate action under the law.
 I appreciate the gentleman. Thank you.
 that be true?
 Thank you, Mr. Holman.
 Have you picked up on any of that in your dealings with the Federal Government, whether it be EPA, OSHA, or any other agency?
 Are most small businesses spewing out 75,000 tons? No, they are not.
 Okay, what part of it was inaccurate? Tell me in specificity.
 Ms. McCarthy, in hearing about the impacts of greenhouse gas regulations, I think it is important to discuss the reason why these regulations exist.
 However, certainly over the years, over 15 years and 40 panels, we're bound to have disagreements over their certifications on some rules, but it's really one of the very few.
 like your thoughts as to how you see the small business folks that you work with, how they might feel about this.
 Thank you. Go ahead.
 would hamper the growth of the clean energy sector of the economy, a sector that a majority of small business owners view as essential to their ability to compete.
 kind of hit the 1999 level.
 In the interest of time, I will summarize my prepared testimony and ask that my full statement be included in the record.
 50% of our electricity comes from coal, 20% from natural gas.
 Was it unanimous we need to move with this panel?
 We certainly sent you a series of letters.
 are the key to their success, making a profit.
 Many of the implementation difficulties now facing EPA, the States, and industry might have been avoided if EPA had taken the time to listen to small business before writing its GHG rules.
 In a way, the sulfur dioxide byproducts can exacerbate pulmonary problems.
 When we were developing a training program back in 2002, we had to go to agencies to find out those who do it best to help us develop the program. We went to EPA. So you have a good relationship, good track record with EPA in all these except the one that is at issue today, is that right? Yes, we are concerned about the greenhouse gas regulations. So the normal process was not done with the greenhouse gas issue and its effect on small business.
 All right, I think that makes sense.
 one part of the Clean Air Act automatically triggered the greenhouse gas regulation or regulating greenhouse gases under the entire Clean Air Act, thereby subjecting small businesses to permitting requirements under the Clean Air Act.
 believe that the requirements and the rule are achievable.
 Our focus now is not on small sources at all, but on the largest polluters.
 certified the rule and went with what they considered to be a compromise under Section 609C of the Regulatory Flexibility
 The RFA, as amended by the Small Business Regulatory Enforcement Fairness Act, gives small entities a voice in the federal rulemaking process.
 If you can elaborate on that, I'd appreciate that.
 And yet you still said this is important to have this panel. Give me why you were so focused on that and why you have expressed comments after the fact why it was important to have that panel.
 as I said, or just one of those weeks around Congress.
 I was responding to Congressman Kucinich asking me if I believed in global warming. And I said, yeah, we're warming. The question, though, is more than are we having warming and is it caused by humanmade emissions. We're looking at a set of regulations. And if we're going to do costbenefit, we need to look at what's the cost of the regulation compared to how much benefit you get from reduced global warming.
 These panels allow for small business to give direct feedback on the potential cost of the proposed rules and to suggest and develop less burdensome alternatives.
 We already have an extraordinary amount.
 Just to clear up any misconceptions, we are not the green little citrus fruit and we are not associated with Lyme disease.
 It depends a lot.
 economy grows because we protect our environment.
 And the reason that was done for the cost, not the benefits, because the costs are what affect small businesses most, and it's what the Regulatory Flexibility Act requires our office to oversee, which asks agencies to review the cost of their regulation. All right. How much did that study cost? I don't know that answer.
 The D.C. Circuit said that SBA's interpretation of the RFA doesn't carry any more weight than EPA's, and they disagreed with SBA and found that our interpretation of the RFS was persuasive.
 So I will, it's close to a man on the street interview now.
 Welcome.
 I would not.
 during the public comment process, because of comments we heard from industry, many of them small businesses, we made substantial changes from proposal to final which warranted additional legal underpinnings to a public comment process.
 We had more than 350,000 comments which we addressed individually.
 Thank you.
 It means consumers have less money to spend on other things once they have paid their utility bills.
 And the common storyline is that EPA's regulations affect apartment houses, hot dog stands, donut shops, small entities. And they don't.
 Our proposed standards for medium and heavy duty vehicles would net operators of semi-trucks savings of up to $74,000 over the truck's useful life.
 The purpose of the study is not to show regulations are bad and not to show that regulations are all of them are overburdensome for small business. The purpose
 that the rules would not necessarily apply to them.
 She makes a good suggestion. Let me just set Paul.
 nearly 96 percent of motor carriers operating registered motor carriers in this country have 20 or fewer trucks that they operate.
 That's a very important thing, that working with these folks and developing relationships.
 move through that as quickly as we possibly can.
 And I would just call your attention to a study by three economists.
 I guess I appreciate that comment.
 of the regulatory impact assessment was to look at all costs.
 We will yield to the ranking member, or ranking member, to the chair of the full committee, the gentleman from California.
 It doesn't mean we don't appreciate the input of small business, and we try to get that input into the process.
 Yet in February of this year, Professors Sid Shapiro and Ruth Ruttenberg released a critique of the Crane and Crane study, calling setting the record straight. And the Shapiro-Ruttenberg report found that the Crane and Crane report had severe flaws, quote, unquote.
 I have one more round from Ms. Buerkle.
 The brief of panels have saved billions of dollars for small businesses due to changes and improvements that were made to proposed rules while still allowing EPA to achieve their statutory objective.
 Furthermore, I'm amused because when the Clean Air Act in 1990 was being considered, Ford Motor Company claimed that, quote, we just do not have the technology to comply. And yet, look where we are today.
 In your testimony, you mentioned the EPA taking a one-size-fits-all approach.
 Second, environmental protection has grown rapidly to become a major sales generating, job creating industry. $300 billion a year and 5 million jobs in 2003.
 It doesn't flip any of them around.
 Thank you.
 garbage in, garbage out, is the way I look at things.
 had to do with the ozone and fine particle standards that we issued in 1997.
 The EPA's reliance on the public outreach approach as a substitute for the panel process is wrong for several reasons.
 know this from the Midwest, that coal-burning plants in the Midwest end up with the condensate polluting rivers and lakes in the Northeast. And we have a process of eutrophication there.
 EPA is interested in writing other programs that are going to apply to small businesses. So we are in a very large, comprehensive and wide-reaching regulatory program in the climate arena.
 I'm sure you said you had like five underway right now.
 As I mentioned, it's one in four studies.
 probably been brought up, but I will just bring it up again.
 The foreseeable impact of these rules on small businesses certainly were there.
 maybe California really is on another planet. But we did pass AB 32.
 Let me again thank you all for being here. I apologize, all my notes are at Marie's desk. Let me just do a couple of things.
 I know some of your constituents are concerned about what has been called a cow tax.
 My understanding is the law requires them to give serious consideration, due diligence to your recommendations.
 will act deliberately and smart and use a common sense approach.
 Well, according to a New York Times story, July 8, 2009, small business majority has no membership.
 I believe the disagreement is one that we have had in the past before. In particular-. Do you believe or do you know? Oh, I do know. Yes. Okay.
 not all more regulations, sir.
 Yes, we fundamentally believe without having included small business motor carriers, owner operators in the discussion.
 the full committee, we had one of the members of the committee, a freshman member, Congressman Ginta from New Hampshire.
 So imagine that you are required to comply with GHG permitting and you want to do some sort of modernization or expansion of your plant.
 Good question.
 So I guess my question to you is, Mr. Doniger, is there some level of exaggeration going on here? Thank you, Congresswoman.
 EPA looks at costs and looks at getting some briefer penalties.
 What we are not agreeing to is that this rule, and there is a requirement for panels to be developed when we have a rule like the endangerment finding that isn't directly regulating small businesses, like the tailoring rule that
 effects on competition with respect to small business? Ms. Blumenauer. The rule exempted small business, Mr. Issa, so we probably did not need to go into much detail there.
 I think Dennis will be fine and we'll give him.
 And there's some uncertainty that's really bad. You still don't want to invest, but when it comes through horrible, that's even worse.
 Welcome Ms. McCarthy.
 But to the specific question, the SBREFA panels work. The process works.
 Thank you both for attending today, and again, I want to apologize for the schedule.
 It would seem to me you would want to follow the standard procedure and go through what has been the custom and the practice. So why not in this situation? We did follow the appropriate procedure.
 know what we will what we intend to do is reconsider the rule in
 All of the agencies that we rely on to provide the best science to this country and internationally have told us that the simple fact is that greenhouse gases are endangering public health and the environment, and it's time to take action now to reduce those pollutants.
 Instead, the requirement gave birth to a global market for catalytic converters and enthroned American manufacturers at the pinnacle of that market.
 Doesn't matter if it's a tax, that you do it.
 Mr. Doniger, in your comments earlier, before we adjourned, you made the statement that you hoped that members of Congress wouldn't fall prey to the phony storylines of small businesses when it comes to EPA burdens placed on them. It could
 Mr. Rogers just testified that it has been a great relationship. You have worked things out. The process has been followed almost all the time. And yet here we have a pretty important rule. Clean air
 EPA is required to do peer review analysis of its studies.
 will be legally sound and it is already scientifically credible.
 In the 90s, when we took steps to phase out chemicals that deplete the ozone layer, a refrigeration industry representative testified that we'll see shutdowns of refrigeration equipment in supermarkets, in air conditioners, in large office buildings, hotels, and hospitals.
 Whether or not EPA could legally choose not to convene a panel, it was clearly wrong not to do so.
 I mean, I said 15 rulemakings in the last four months, and they are major rulemakings that will change the industry's productivity.
 Certainly that.
 However, advocacy believes EPA should have done a Subriva panel, which would have better reflected the views of small businesses and improved the rule.
 From the standpoint of the Office of Advocacy, we wanted a tailoring rule or something that would at least temporarily soften the blow, which tailoring
 Do you still stand behind that? Yes.
 Unfortunately, no.
 The concern by most of the industrial sources and even some of the small ones is that that process could wind up requiring you to install nonrelated things, things that have nothing to do with emissions but have to do with energy efficiency or some other improvement in your plant that would be very expensive.
 We're concerned about that.
 Advocacy has been clear and consistent in its public comment letters and other communications with EPA about our positions on these issues.
 We had a panel.
 While the gentlelady from California's point is good, the close of your testimony cites a group, at least according to the New York Times, that has no membership and yet portrays itself as an organization representing small business.
 staggering, but some would argue that there is some benefit associated with running Congress.
 In fact, it reduced the burden for 6 million small businesses to have to deal with greenhouse gas permitting. And in that instance, we did not convene a panel.
 which is it? Earlier you said that more regulation has been good, it has added to the economy, it has been growth, and now you are saying they should lock in the tailoring rule, take away any uncertainty and not expand it.
 These are the benefits of focusing on protecting clean air. So I would just like to put this into the record.
 NLA wanted EPA to have the opportunity to meet with small lime companies, understand their needs, and design the rule with those needs in mind.
 Chairman.
 You sent me back a response on February 4th informing me the agency's decision was to move forward at that time.
 Do you wish to ask this panel some questions? You are welcome to.
 Mr. Chairman, Ranking Member, members of the subcommittee, my name is Claudia Rogers, and I am Deputy Chief Counsel for the Office of Advocacy at the U.S. Small Business Administration.
 Instead, they're based on studies, and many of them are severely flawed, of economy-wide cap-and-trade programs that bear absolutely no relationship to EPA's actions.
 I just wanted to share that thought with you because I think it's really important that when we're in a discussion, the essence of which is what does this cost?
 Instead the phase out happened five years faster and cost 30% less.
 We had a Mr. Michaels from OSHA. I asked him this question.
 We don't know what EPA is going to do at the end of the period of deferral, which will end in a few years.
 Isn't it true you could both be right, that Ms. McCarthy, with a mandate to essentially have the cleanest possible air and water, can in fact in good conscience make every effort to be as pure as possible? We used to say driven snow, but I have seen what it looks like when it melts, so I won't go there.
 National Academy of Sciences continued to explain that the scientific basis for reaching this conclusion has, and I quote, been so thoroughly examined and tested and supported by so many independent observations and results that their likelihood of subsequently being found to be wrong is vanishingly small.
 It's.
 there are always exceptions, but I asked him, I said, wouldn't you agree that in most situations employers care deeply about the well-being of their employees? And I was struck by the gentleman's response.
 I've just got a few minutes left, and I'm going to have to go on. But thank you.
 30 years.
 should make sure in your testimony your quote from a source that actually might reflect something of the interest of small business.
 The report estimated the annual cost of regulation was more than $1.75 trillion.
 effects on energy use. Did you take that into effect?
 We currently have five SBREFA panels underway on EPA rules, and we will continue to work with EPA in a constructive way to make sure the RFA and SBREFA are being followed and the impacts of regulations on small businesses are being taken into account.
 Mr. Doniger, we know that these exemptions are expected to be reconsidered by the EPA in 2013.
 always says they're bad, and you said that's not the case. It's good. So you made this general statement that regulation was good for business, good for the economy, and now you're saying, no, we should limit the tailoring rule, it shouldn't expand it.
 These are encouraging numbers and cannot be ignored.
 This will have less impact than that. So we can't compare the cost here to stopping tsunamis.
 However, we do believe a more thorough analysis was needed, including some briefer panels, to fully consider the impacts greenhouse gas regulation would have on small businesses.
 Obviously, we don't want clean air and clean water only for big companies.
 folks who work for her are intelligent people.
 We did not ask them to evaluate the benefits as well, and the reason is this.
 keep saying you follow the normal procedure, but Ms. Rogers says out of the ordinary. The gentleman before us.
 are looking for some words from you that would indicate that you are trying to do everything you can to make sure people can stay in business, at the same time trying to protect the environment.
 This will not be so.
 The U.S. lime industry is comprised of some 20 companies operating about 50 commercial lime plants.
 Congress, of course, can make those exemptions permanent.
 We believe we did the most thorough job that the agency could and that the science is indisputable.
 Correct. Okay.
 What I have here holding is a double-sided copy of just their last comments that they submitted to us during the peer review process.
 Several improvements to the rule were only made possible because small lime companies were able to meet face to face with EPA and provide critical information.
 Thank you, Mr. Jordan.
 We look forward to continuing to work with EPA on these and other important regulations.
 this process is not cut and dried.
 I'm pleased to recognize our chairman from Ohio.
 Yes, we could.
 The advantages of the panels that you don't get from outreach are at the preproposal stage, you have the threemember panel, our office, EPA, and the Office of Information and Regulatory Affairs at the White House.
 they are asked specific questions like, what is the reporting and recordkeeping and compliance? What are the Federal rules that might duplicate it? What alternatives do you have to the proposed rule? We did not enjoin a panel because the rules that you are talking about did not immediately or directly regulate small business.
 Lime plants generate CO2 emissions both from the fuel that they use and from what you could call the roasting process that converts limestone into lime.
 At this time, without objection, I'd like to enter into the record.
 I have been dealing with roughly 15 different Federal rulemakings in the last four months.
 I want to thank the Chairman for indulging me with this opportunity to go first. Thank you.
 Ms. Rogers, Ms. McCarthy, you are both working for departments headed by President Obama political appointees, right?
 Cost was part of the consideration.
 I didn't see the gentlelady walk in from California. So California is going to get covered nonetheless, one way or the other.
 Any further questions for the first panel? I want to thank you all for joining us today.
 Mr. Chairman, for the record, I would like to submit a letter and document from the small business majority that basically says the following. Our research has continually shown that the Clean Air Act is good for small business,
 Their estimates were that by 2050, if you use the largest sensitivity of temperature to CO2, the high end, the maximum change moderation from Waxman-Markey,
 The one thing that is in place that actually helps small businesses so far are these standards for vehicles, both light duty and heavy duty, that will save thousands of dollars for small businesses to buy cars and trucks.
 Christina? Sorry, am I wrong? We have requested that.
 So didn't follow normal practice, took an action never done before on an issue that you told them was going to impact small business owners in a negative way. Is that accurate?
 What does any of this regulation do? If all it does is impose costs and make us feel like we're doing something but we're not, then we're getting the warming anyway and unemployment and lower income.
 Congress established the Office of Advocacy to represent the views of small entities before federal agencies in Congress.
 said, Mr. Michaels, would you agree with me that the vast majority of cases, employers care pretty deeply about their employees?
 As I stated, most of them are small businesses.
 Thank you for the opportunity to testify today.
 Just last year, these programs are estimated to have reduced premature mortality, equivalent to saving over 160,000 lives, and to have enhanced productivity by preventing 13 million lost workdays.
 in Boilermact. You have a standard that can't be adhered to, and you have gone to the courts asking them to give you relief, and they have said we can't relieve you from your stupidity.
 and then we'll finish up.
 I appreciate today's opportunity to try to set that record straight.
 And do you think that took place? That is the question.
 If you cut CO2 emissions, if you force them to be reduced, you are going to cut fossil fuel use.
 I couldn't, though.
 No, no, I'm talking about the actual technology.
 No, I'm looking at the outcome.
 We felt that the Office of Advocacy, yes, felt that taken as a whole or separately, the greenhouse gas regulations clearly had a significant economic impact on a substantial number of small entities and, therefore, a sub-briefer panel should have been held.
 Mercatus Center raised concerns that the report's regulatory quality index may not measure what the authors say it measures, and even if it does, it may overstate the cost of regulation when used in conjunction with other measures.
 The panel process also establishes a context for EPA, Avax-Z and OMB to meet, discuss the issues and reach consensus on flexible solutions.
 Otherwise, we're not really understanding the societal impact.
 Thank you both for your testimony and your time.
 Another flaw in this study identified by Shapiro and Ruttenberg was that the SBA's Office of Advocacy never had access to the underlying data used in the report. A little astonishing to me.
 Yes, we did, Congressman.
 Let me ask you both a question.
 I agree. I don't think anybody here is talking about undoing the Clean Air Act back to 1966.
 My name is Keith Holman, and I am the Deputy Director of the National Lyme Association.
 One final question, and this has probably been addressed already earlier in the hearing, but this is supposed to be focusing in on small business and the impacts on small business.
 Dr. Kreutzer, you had started to answer a question about global warming, and I have a feeling you didn't finish your answer. And I wondered if you could just explain that.
 Advocacy and EPA have a long and productive working relationship.
 You were a former Assistant Chief Counsel of Energy and Environment at the SB Office of Advocacy, is that right?
 One of the reasons the.
 have consumers with less money and you're forcing you have to have higher cost products, they're going to buy less of it.
 don't apply to the kinds of sources that emit less than 75,000 tons a year of carbon pollution. And as a result, this storyline that millions of sources are being, of tiny sources, are being roped into a government bureaucracy is the very opposite of what is true.
 In sharp contrast to these concerns, the only greenhouse gas standard EPA has issued under its existing Clean Air Act authority will save small businesses money.
 particularly interested in the chart with the high cost of renewable energy systems, where you chart the monthly and annual costs.
 ideas than one.
 and through a rulemaking process.
 Did EPA conduct a Section 317 economic impact assessment before any of its greenhouse gas rulings were made? It did conduct a regulatory impact assessment associated with the light duty vehicle rule.
 Now, I come back to what I asked you earlier.
 Chairman Jordan Rankin, Member Kucinich, and members of the subcommittee, I want to thank you for inviting me here today, and I'm honored to be sitting here with Ms. Rogers.
 there are some models that show some offsetting. But the CO2 by itself, if it doubles, will lead to a doubling excuse me, will lead to a degree and a half of warming.
 We are pleased to welcome our second panel of witnesses.
 No, no. Do you expect that this rule would never change, that in some future time you wouldn't do it? If the rule changes, we will have to go through a rulemaking process. So you carved out small business
 I was ranking.
 It might be worth entering into the record.
 I'd be happy to supply this for.
 Both eight and nine, good.
 In EPA's subsequent proposed regulation of motor vehicle greenhouse gas emission standards and the proposed tailoring rule, EPA again certified under the RFA that such standards would have no significant impact on a substantial number of small entities.
 That would be great if I could.
 We have many members that operate a couple of trailers.
 Answer another question.
 I think we have to be concerned about small business communicating their difficulties.
 And certainly the data should be available to us and to the taxpayers of this country. So I would hope that as we look at ways of making sure that government operates effectively, that we require that moving forward. Thank you.
 think we are up to about 38 now.
 told that it is available through Crane and Crane on their website or through their website that they have made it available.
 We indicated that that rule was not subject to a panel requirement.
 Most of the persons employed in the jobs created may not even realize that they owe their livelihood to protecting the environment.
 If you want to look at the impact of carbon dioxide on the cost benefit, I think some of the estimates have been exaggerated. But if you take the estimates of the social cost of carbon, add that to the coal cost, that's about 2 cents per kilowatt hour.
 I apologize for the delay for all of you.
 times you told them.
 In 15 years of SBREFA panels, advocacy has found that the panel process is a useful way for small businesses to provide valuable input into the rulemaking process.
 You understood that?
 in our opinion, has been requested previously and is long overdue.
 Talk to me a little bit more about the cap and trade bill and what EPA may be doing and how that relates.
 Contrary to the most commonly heard claims, small sources are not currently covered by the permitting program.
 EPA was not really interested in alternatives, was not really interested in listening to what the smalls had to say.
 I just have one other question and will be happy to yield back if the chairman has anything additional.
 We appreciate your having that opinion under oath.
 They were regulating large automobile manufacturers.
 Okay. And you believe these have been positive?
 We've done it in 1995, 2001, 2005, and 2010.
 Ms. McCarthy, do you agree that the science that provides the impetus for greenhouse gas regulation is indisputable? And if you do, why?
 because there is no known way to avoid generating CO2 when limestone is heated and converted to lime. NLA asked that EPA consider excluding these process-related GHG emissions from counting against the tailoring rules applicability thresholds.
 asthma, emphysema.
 what I would indicate to you is that is Well, again, we have the advocates for small business, both of them saying you didn't.
 If so, did the analysis assess the following, which are required by statute, the cost of compliance?
 And there is no doubt that the tailoring rule is a help to many small businesses because it does delay the permitting requirements that would otherwise be falling on small businesses the way it has fallen on the lime industry even now.
 But one of the things that happens when you have an environment where you say we might impose this, we might impose this, it makes it very difficult to make investment.
 What?
 And then we move on a little bit more in time, and those regulations become embraced. Because, as your examples show, the benefits are proven, the economic costs turn out to be much smaller than were forecasted by lobbyists up here, and life goes on.
 As we started looking at that, we were aware that they were talking with large motor carrier interests, and this gets to the heart of the problem in terms of looking at the truck industry.
 said, if you knew then what you know now, would you have started, relative to regulation? If you knew back then all the things you have to deal with, I think you would have started.
 Because of the panel process, the final rule was tough, but something that our small lime plants could live with.
 We are doing the same thing to regulate greenhouse gases as we have successfully done with other pollutants under the Clean Air Act, and we will look at the economic impacts.
 I will close with a statement by the small business majority.
 Over the last 40 years, similar unsupported claims have been made nearly every time EPA has taken significant steps to protect the American public.
 LA followed up the meeting with written comments to EPA about the design of the tailoring rule.
 It doesn't matter if you come up with a complex set of regulations to force the same reduction.
 What were you referring to? If I may.
 Why wouldn't you just pull the rule? There was no need to do that, and we were under a court order to deliver a final rule within a given point in time, which we did.
 That is what the administrator said in making her endangerment finding.
 Ms. McCarthy, would you agree with what Mrs. Rogers' testimony, what she said in her testimony, that these panels work and that it is a good process?
 I just want to go back to your previous answer to the first question I asked you.
 If you were here for the first panel, we have a practice here.
 Speaking from my own perspective as an individual, my sense was that EPA was in a rush to get this rule completed.
 So it's actually a final rule.
 Did you have any, in your team, who suggests this, was there any disagreement as to, was
 fossil fuel is the affordable energy right now.
 I hear repeatedly from members that small business constituents are very concerned about EPA updating its Clean Air Act programs to address greenhouse gases. But when I listen to the concerns, I'm most struck by the fact that what they think we are doing bears little or no relationship to what we are actually doing.
 that accurate?
 The public outreach approach taken by EPA does not and cannot take the place of a panel.
 When I look at coal in particular, I don't think that anyone could argue that coal, the use of coal, the burning of coal, and the after effects on the environment of coal does have adverse environmental impact.
 I'm going to let the ranking member go because he has to run to another meeting.
 All the other times have been fine, when you recommended, when you went through it, except for this one particular one.
 In addition, Shapiro and Rutenberg, one of the peer reviewers, Richard Williams from the
 Is the science attainable today?
 The EPA tailoring rule which has come forward would suggest that you have to spew out 75,000 tons a year to be subject to any kind of regulation by EPA.
 I just wanted to share that with you.
 I guess sitting in for Chairman Jordan and members of the subcommittee, good afternoon and thank you for giving me the opportunity to testify today.
 We want to make that point as well.
 If you can't look at the underlying data, then, you know.
 all three. And, Ms. McCarthy, you decline to do it for each of those?
 I'd be happy to.
 expand on that.
 Since SBREFA was signed into law in 1996, EPA has conducted nearly 40 SBREFA panels to assess the impact of proposed rules on small entities and to consider less burdensome alternatives.
 And you authored the comments that SBA submitted to the EPA in 2009 that expressed concern about the EPA's endangerment finding and greenhouse gas tailoring rules. Is that right? Yes, the comments in 2008 and 2009.
 Why did you ask the court for relief? Because we believe that it deserved reconsideration because some of the legal underpinnings
 was one of the most thorough of the agencies.
 The average American purchasing a new passenger vehicle that meets our greenhouse gas standards would net savings of $3,000.
 My part in this discussion about regulation has always been that you can assign costs, but if you want to get a clear picture, you have to look at costs and benefits simultaneously.
 means producers have higher costs of production. So if you
 there is a specific exemption, as I explained and I'm sure you'll hear from EPA and as Mr. Kucinich explained, that the permit requirements don't apply to 95 percent of the sources in the country.
 The argument is all about, are there feedback loops? The models have lots of them.
 of the Honorable Gina McCarthy, who is the Assistant Administrator at the U.S. Environmental Protection Agency.
 Thank you, Ms. Rogers, Ms. McCarthy.
 Section 317 of the Clean Air Act requires EPA to complete an economic impact assessment for any regulations propagated under Section 202 of the Act, which applies to the car rule,
 It has worked very well, yes.
 Now, so in your former capacity, can you give us some insight into the discussion that just took place and the impact that this stuff will have on small business? It seems to me you are pretty darn uniquely positioned to comment on the conversation we just heard.
 did acknowledge some of the potential burdens on small businesses and established a phase in compliance program with the tailoring rule.
 Thank you all.
 Roger Bezdek is the first name.
 Excuse me.
 carved out small business in order to essentially keep yourself from having to do that assessment, or that assessment simply wasn't necessary and that was never part of the consideration?
 You heard the testimony of the witnesses in the previous panel, did you not? I did.
 Mr. Chairman, I know my time has expired, but I would just like to suggest to all of us that taxpayer funds should be spent on studies that really give us good data.
 may one day pull a drive-in trailer, for instance, where aerodynamic technologies would be appropriate and work.
 This came out in a hearing a few weeks back.
 Thank you, Mr. Chairman.
 Maybe we need more, I'm not here to debate that, regulation for sulfur dioxide and other criterion pollutants.
 afternoon we'll resume our hearing.
 This is a big business and it's a big contribution to our economy.
 When we contract out studies, our office is not required to ask for that data and make it publicly available.
 That was actually taken to court.
 And how many SBAR panels have you been involved with the EPA at that time frame?
 I'm getting head shaking.
 Ms. Rogers, you understood when you suggested to the panel that the EPA could, in fact, take the route that they took.
 Okay. Thank you, Mr. Holman. I appreciate that.
 In short, the panel process works.
 However, just by beginning that process and starting to regulate greenhouse gases under the Clean Air Act on one
 I just
 Thank you.
 Perhaps the most repeated misinformation about greenhouse gas regulations in small businesses relates to greenhouse gas air permits.
 I mentioned in my testimony, we wanted EPA to stop or to slow down, consider what the impacts were going to be on smalls and try to come up with a way to design the rules so that it would protect them.
 You mentioned this some in your testimony, but if you can
 EPA's single paragraph response failed to meaningfully respond to EPA's request.
 sulfur dioxide when it travels over many miles, as we
 And that is because the best available peer-reviewed science that we have found indicates that greenhouse gas emissions threaten the health and welfare of the American people.
 5 currently.
 been involved, the author has been involved in many of our studies previously, which have not had and use the exact same methodology, have not had complaints before then.
 majority has no membership.
 It seems as though wherever we are in time, the regulations of the past are embraced and the regulations of the future are treated like Armageddon.
 And I can first address what are those impacts that are falling on us and on some other smalls and that ultimately will fall on all small businesses potentially, and that is uncertainty because of GHG permitting.
 Now, some on the other side would say that's why we need to have the regulations. But that's when you say we know for certain it's going to be really bad.
 potential inflationary or recessionary effects?
 Why not on something this important, something of this magnitude, why not do the standard practice? Why go through this? Why just to cite this decision, that, and here is why. Why not just do what the advocacy group that is in the law and follow the process that is designed to be followed? We did follow the process that is designed to be followed.
 I would tell them that we are taking reasonable, common sense steps to address greenhouse gases under the Clean Air Act in the way that Congress intended, in a way that protects the interests of the small businesses, in a way that will continue to allow the economy to grow, to continue to allow jobs to happen.
 following up on that, Ms. McCarthy, in the closing of your testimony, you say,
 The companies were able to talk directly to EPA, as well as with representatives of the Office of Advocacy and with the White House Office of Management and Budget.
 industry is predominantly dominated by small business motor carriers.
 think you mentioned 15 was the number of different regulators you have to deal with, agencies you have to deal with.
 So now we have something for which you've asked the court for relief and they can't give you relief.
 It is backed not just by EPA research, but by the full breadth of all of the agencies and the federal government who address these types of issues, including the National Academy of Sciences, including NASA, including NOAA.
 It doesn't matter if it's a cap.
 Could you expand?
 In the 1970s, we were told that by using the Clean Air Act to phase in catalytic converters for new cars and trucks, that entire industries might collapse.
 The tailoring rule proposed to defer GHG permitting requirements for plants that had GHG emissions below a certain threshold.
 So when you put this together and you gave your comments and recommendations to the EPA, and yet you just talk about entities who you think are impacted in a negative way, did you think EPA followed your comments? Did they follow the statutory requirements they were supposed to follow? Did they listen? Talk about that process.
 in your opinion, what is the connection between this CO2 emission and global warming?
 Please rise and raise your right hands.
 In your testimony, Ms. Rogers, you indicated that the panels work. The panels work and you feel like you have a good relationship with Ms. McCarthy and anyone and everyone else that you work with. It is a process that makes sense and that has been effective.
 None of that happened.
 The EPA held the panel meeting in November of 2009, well after the three GHG rules had been proposed.
 People are generally fed up with what they think is an over-regulated environment.
 but not currently available.
 one second.
 nothing to add, congrats. If this is the quality of the peer review of that study, then I would suggest to you it's a study that EPA could certainly not put its weight behind.
 I see we have no further questions for the panel.
 You indicated that your outreach under 609C fully satisfied EPA's obligation to assess the impact and actions on small business.
 This action led to significant cost savings for small businesses, and EPA deserves credit for its implementation.
 it is very open ended, and that has uncertainty which, as you know, business people hate.
 I'll ask a few questions.
 Why not just do it? Why not be safe rather than sorry?
 and it has a chilling effect, because imagine you go to a bank and you say, I want to get financing for a project that I am going to do at my facility. Well, when do you have to put it in? I don't know. What is it going to be? I am not sure.
 We want to get government out of the way so businesses can succeed.
 We believe EPA should have held some briefer panels and conducted thorough RFA analysis to explore potential impacts of greenhouse gas regulations on small entities.
 I would just like to submit for the record, Mr. Chairman, a study that shows in terms of benefits and costs that the proposed rules that we have been promoting would avoid up to 17,000 premature deaths, 4,500 cases of chronic bronchitis, 1,100 nonfatal heart attacks.
 For this reason, when EPA planned a Clean Air Act rulemaking back in 2002 that would impose stringent new requirements on line plants, NLA was able to persuade EPA to convene what is known as a Small Business Advocacy Review Panel under the Regulatory Flexibility Act.
 So I mean, which way is it? Mr. Meehan. The way it is, Congressman. Mr. Jordan. But I mean, your premise to the first question of hers was more regulation is good.
 case.
 Now we did get comment from SPA indicating that they thought we should.
 Its founder, Mr. John Ahrensmeyer, says it can no longer objectively represent small business if it had membership.
 So let me reassure you that the agency has no intention or desire to impose taxes on cows, pigs, chickens, or any other livestock. And while we routinely hear concerns that our greenhouse gas standards will cause incredible increases in gas prices and electricity rates, none of these estimates are actually based on the analysis of our programs.
 Thank you, Mr. Chairman.
 I am pleased to have the opportunity to appear before this committee on behalf of Chief Counsel, Dr. Winslow Sargent.
 I think if you look through the series of letters, you will find that that was certainly something we had expectation of getting, we haven't gotten. But I appreciate your willingness to give to us today and yield back. Thank you.
 Last year, I sent the Administrator Jackson a letter requesting the EPA suspend finalization of its greenhouse gas proposals until after the agency complied with the Office of Advocacy demand.
 And isn't it possible, Ms. Rogers, that you, when you go out and you get a study that shows $1.75 trillion, that you are not saying that you can save all of it and still have the level of clean air and clean water the American people expect? Couldn't you both be right? I would absolutely agree.
 Such conclusions and theories are then regarded as settled facts."
 up in a hearing we had in this room a couple of weeks ago.
 I would agree that the tailoring rule is only a partial, temporary solution for small businesses.
 and your chart, taken within its own context, you make your argument, but when you look at the cost of that technology, there is an expense that's offloaded onto the society.
 EPA is using the same Clean Air Act tools that we've been using for these past 40 years to protect public health to now address the public health threat that is posed by carbon pollution.
 Ms. Rogers, the SBREFA Act's been around for about 15 years, is that right? Since 1980, 30 years.
 I think both points are well taken.
 We want to look at the costs and benefits. What benefit in terms of global warming mitigation do you get from this? Even with a full-blown Waxman-Markey cabinet trade? Do you think there is such a thing as global warming? Yeah, the world is warmer.
 Thank you.
 he said, I would like to think so. And it just struck me that sometimes we have this attitude amongst Federal employees who are supposed to, I understand, regulate business, but also probably educate and help them, and yet they have this attitude that somehow the employer is the bad guy.
 said regulation was good, it added to the economy, it was wonderful.
 The report also found that the law has spurred important technological innovations such as the catalytic converter, and exports of these and other environmental technologies were valued at $30 billion in 2004.
 With respect to regulation of greenhouse gases, advocacy disagrees with EPA on whether the impacts on small businesses were properly considered.
 Do you think the EPA is going to keep this exemption for small sources of greenhouse gas emissions?
 To the extent that EPA has conducted any economic impact analysis, I respectfully request that you provide that to the committee.
 Ms. Rogers, Chairman Issa circulated a dear colleague letter to House members yesterday, I believe, that cites a September 2010 report issued by the SBA Office of Advocacy authored by Crane and Crane.
 Ms. Rogers is an intelligent lady.
 want clean air and clean water. So in your decision to exempt small business, wouldn't you need a cost reason to do so? Ms. Blum. Actually, we did provide a thorough assessment of why it was appropriate to exempt
 have to compare the cost here to what actually what impact it will have on moderating world temperatures. And it's pretty minimal in 50 years, not even measurable.
 These concerns were noted in Advocacy's four public comment letters attached to my testimony.
 If you lock in the tailoring rule, we will have the certainty, the focus on the big pollution sources, get the technology on them, and leave the small fries alone.
 It limits this requirement to very big sources, and it excludes the 95, maybe 97, 99 percent of the so-called 6 million sources that Mr. Kreutzer and others keep saying would be subject to Clean Air Act requirements.
 All lime plants are now subject to greenhouse gas permitting requirements when they are modified. So even though the GHG rules took effect only 3 months ago, we are already seeing a chilling effect on plans to modernize or expand lime plants because of great uncertainty surrounding GHG permitting.
 But I think for those to whom they do apply,
 This is the fourth in a series of studies we have done on the same issue, which is the impact of those regulations on small businesses.
 you saw where Mr. Holman talked and said, out of the ordinary, not the normal process. So there are a variety of ways to comply with the law.
 Not surprisingly, when EPA announced in 2008 that it planned to regulate GHGs under the Clean Air Act, many industries, including the lime industry, wanted EPA to convene a panel.
 I now yield five minutes to Mr. Kucinich.
 It wasn't the normal process.
 We had a thorough public comment process.
 What do you say then to the small businesses who are continuing to express concern that EPA is not paying attention to them and EPA is endangering their businesses? What do you say to them? I would tell them that the EPA understands that our obligation under the Clean Air Act is to regulate greenhouse gases and that they pose a substantial public health problem.
 I said in my testimony, outreach to small business is not the same thing as it is to brief a panel.
 I would do it exactly the same way. And that is because these panels are designed to address issues relative to a rulemaking that sets a standard or establishes a requirement on a business sector, a small business entity.
 proved right based on the testimony we got from the first panel.
 I yield you five minutes.
 However, public outreach is not a substitute for the concrete feedback agencies get from small businesses during the panel process.
 because EPA can't really tell me what it is, we will only know at the end of the process. And even then, we might not know because that is subject to being challenged in court and potentially being changed. So there is a lot of uncertainty just in terms of
 Is that a fair characterization? That is correct.
 Let me just make something clear for the record.
 We've got testimony from the National Association of Home Builders, the Farm Bureau Federation, and the Small Business and Entrepreneurship Council, without objection, so ordered.
 It's somewhat overwhelming for a lot of us in the industry to keep up with it.
 For the lime industry, particularly our smaller companies, EPA's greenhouse gas rules are having a big impact.
 That is, how much difference would Waxman-Markey make? Thousands of a degree in 2050, maybe a few tenths of a degree in 2100.
 So bottom line, what is the impact of the current greenhouse gas regulations on small businesses? It is probably helpful to small businesses as a whole.
 What EPA has done is to make sure that the small businesses are not burdened by the kinds of regulations that don't make sense.
 Having said that, small business in California has spoken up very strongly in favor of AB 32, which would limit greenhouse gases.
 I didn't see.
 lead time was part of the consideration because you are asking significant improvements in cars, and many of the smaller manufacturers would not be able to produce and comply with the rules in the same way that large industries or large manufacturers were able to do that.
 Whether you believe IPCC or not, this is not a solution.
 The Office of Advocacy is charged with oversight of agency compliance with the Regulatory Flexibility Act.
 Have that ever been done before? No, it has never been done before.
 and
 go to Congress. Now, isn't that slightly vulgar, but pretty much the exact truth, that you have got something that does not exist, you have created a rule that cannot presently be done, you have gone to the courts trying to get temporary relief in hopes that someday it will be able to be complied with, rather than saying, what is it that exists that can be complied with? Wouldn't that be a fair characterization?
 Thank you very much, Mr. Chairman.
 I'd be happy to answer any questions you have.
 I will close with a statement by the small business majority and the Main Street Alliance. Any step to delay or limit EPA's ability to regulate greenhouse gases and other pollution has negative implications for many businesses, whether they are large or small.
 I asked the gentleman the question.
 As far as affecting small businesses, EPA's rulemaking goes through in its current form. There are millions, literally millions of trucks that operate interstate commerce in this country.
 As my last name being Perez, I like concur.
 order claims committee.
 We have a separate fund, it's called the M fund, not the T fund.
 What do you, I mean, and Gary said that we'd still be going through MVP with that.
 I believe that a new one was used and it's the appropriated new budget. It was submitted to the council.
 Great.
 It's not that that board of trustees decides what the benefits are. They just kind of gear, you know, and bring the trust into different areas that may be relevant in the industry as far as what we offer.
 We have to do, get a more aggressive citywide campaign to up the recycling.
 I was blessed, okay.
 All right.
 The fire department budget has an increase of $740,000.
 Send it.
 And most likely, at least with ALCO, I believe they will probably be coming in with an overlay for Penn Mixed Use District.
 There's a letter from New York State, the Office of Parks and Historic Preservation, requesting that that be removed.
 It's in the channel.
 in these areas as well.
 Troy, our good friends in Troy, nice people. There's 16,000 people less in Troy. They get a full million dollars more.
 Well, that's the PROAC component, but yes.
 It generally takes about, once council approves it, another 30 to 90 days to get it done.
 ProAct and CanterX actually work together.
 Any other questions?
 And I think that's a good point.
 And where people don't comply, you have to pay the fines. And this is the number where we're in today sitting here where there's $2,300,000 and some thousand dollars outstanding.
 there's always a transition period.
 The
 I'm going to call the quorum.
 Yeah, basically, right, in the form of a deduction, so I believe that this is what. Okay. Good.
 The second summary is our overall tax levy, which has been fairly stable, but there's been an upward trend in that.
 Cheers.
 If you want me to go step by step on the savings, I can.
 Sounds simple.
 Planning Commission has held public hearings on four cases of zoning violations.
 So that's the first change, and then there's just a few minor changes.
 So you can't take as a trust any commissions. You're saving money there. Obviously, what I said before, by going self-insured, you're saving on the insurance tax, because when you're an insured product, you have to pay the state and your own insurance tax, which is typically about 2% of premium. You're saving that. And that's where some of that savings is generated.
 It's a conservative number.
 Are we going to be able to see what the city uses as an existing plan right now, the cost-benefit analysis, side-by-side with the CSEA plan?
 On the delinquent parking fines, I told the police department it's grossly inept that we're not doing the follow-up.
 So you have to be able to switch from one.
 The proposed cost in the police department this year down $264,000. The overall employee salary is down $121,000. Our debt service is down $85,000. We've seen an increase in unemployment insurance, about $132,000. We're looking to budget a $225,000 increase for judgment and claims.
 It's a disincentive for anybody who wants to become registered, basically. And actually they have stated in a letter that I think I included with your copy.
 As my
 That includes all my services.
 There's a two-year window that was suspended.
 Somebody who has a claim in December, somebody who has a claim in January, wouldn't see any difference.
 And it puts the city of Schenectady at just an inherent disadvantage.
 We should have people from the Sons of Beth there.
 I'll entertain a motion to adjourn.
 have a generic
 Okay.
 It's not, you know, yes, there's a third party, NBP or PROACT or whomever, but it really becomes your data that you can go through and find, you know, what are your percentages of diabetics, what are your chronic conditions, and then how do you go in with the wellness program to try to help those folks and then reduce the overall expense.
 I believe they have had a few firefighters and then obviously there was contractual increases.
 I believe our per employee administrative cost is now about double what you said.
 is a substantial number that we have no control over. It's determined at the state level.
 As you go forward in negotiations, if those benefits should change, we can just follow suit and change them with the carriers.
 I apologize for the confusion.
 So that will also produce a savings.
 Okay.
 I came up with that answer right.
 Oh, boy.
 Our interest in penalties on real property tax, projecting an increase of 400,000. The sale of properties that we're taking in room foreclosure and doing rehab projecting approximately $300,000 on those. Again, Eric and the code office, we still have such a high rate of non-compliance from the rental certificate fees and just getting rental certificates in place.
 the class.
 There's no additional charge.
 then would be able to go out to get the quote and finalize those numbers.
 Does everybody love you?
 Sometimes you have preferred drugs and then non-preferred drugs.
 As the mayor indicated my name is Laura Belaga.
 So it's the ones, you know, people that are getting through that first month, 36,000.
 with tag numbers on this that DMV could hold their registrations like they do? I have had that discussion with people in the state where
 There's nothing else to do.
 The next page has really the big problem is our collectibles. We have outstanding property tax, 12 and a half million, and there's an excessive $2 million out of the police department for parking fines and other summonses.
 are things and I don't know that this
 That saves you money on taxes, it saves administrative fees. There are various components in an insured arrangements versus a self-insured arrangements that can bring money to the table.
 I have one more question before you go.
 It's part of the budget review.
 Okay.
 It was CSCA's initiative, although it is a separate and distinct entity from the labor union.
 a ceremonial for the month of October being domestic violence month, so we'd like to have a resolution for Monday night.
 them plus the processing fee, right? You're paying them and an administrative fee which we've knocked down from the company.
 So basically it's just changing the whole thing to C2 commercial. And the final one is just technical corrections.
 Okay.
 employees to send a 200, 2000 covered letter.
 state traffic law enforcement terrorism prevention program.
 Anything else before our finance committee? I was just going to say, did anybody have any general questions about the budget?
 This is just the statutory elevation of the public hearing for the public panel.
 last benefit management folks that we have is now first night first
 They will get new cards to show that it's the trust, but as far as re-enrolling, no, because it's the same exact two plans.
 How many years were the amortized? 10 years.
 to historic district review.
 There may be, and we're going to look at this in the very near future, there may be a very slight change in the formulary, which happens every year in every prescription plan, no matter if you change a PBM or not. Just because, that means like Lipitor for example, recently went generic.
 I already gave it to her.
 Some of them it's more of a challenge, but I believe that we cannot just leave the blighted property and pretend that these problems don't exist.
 can look at that and get it some, like we could do a more detailed presentation, kind of do an analysis on that.
 I'm gonna address.
 So part of it.
 year I'm recommending that we amortize it.
 approximately 578 covered lives, or participants I should say.
 I'm requesting a call for public hearing and I remember it's October 22nd, however,
 And then the other thing for the rental certificate fees and the joint parking fines Do we have a number on that in terms of percentage of compliance with the rental certificates? So we you know, I think in terms of measuring it we're at 10% compliance We say hey, we have a goal to say we want to get to 50% compliance by one year. You know, I
 Can we get something though that kind of shows our savings from this to this? Yes.
 You currently have stop-loss for your city plan. So this would just be an extension of that before
 not the budget goes to the school.
 that loss again ensures the county for claims over a certain threshold.
 County sales tax agreement with the money for the demolition gives us an additional 719,000. Our trash and refuge charges go up by over 400,000.
 Sorry, I've been done.
 Next page says a summary of the difference in using the house based on a $100,000 assessment.
 I'm sorry.
 Okay, I'll second on the...
 Yeah.
 So you'll see a 15 to 18% cash flow savings, which is just about over a million dollars that will be put into reserves to pay your future claims.
 or a month.
 computers for many, many cars.
 the unions have been fairly open and willing to discuss scenarios that give better health care, manage health problems better, and just ensure the wellness of the employees, retirees, and dependents.
 We have to pay it.
 We tend to have the greatest wear and tear on our roads.
 ProAct has a relationship with the already international drug vendor that's used under the city plan, Canaverx, for the international drug benefit.
 And I think that's a good point.
 I'm amazed.
 retirees or maybe who have lost a spouse in their retirement and yet they're still able to get an employment? Well, there is a thing that you can do which is called eligibility audit and what that does is it looks at dependents
 Seconded.
 I'll start with that.
 Bye.
 So we're kind of the intermediary there and we also help in tracking that and reporting it and working with the city through their health care committee or however in the future.
 Proact also is very, not to be redundant, proactive. When a person is on a medication and there is a generic available to steer them towards that generic, because it's a generic equivalent, it's the same drug. And when they need to be on a brand name drug, they'll steer them towards the brand name drug. And if it's a brand name drug that's handled in the international drug program, they'll steer them towards that. Because that not only, that has a savings of about
 Right now we have a current height restriction of 35 feet within 200 feet of the river and 56 feet, which is four stories beyond.
 employee or okay.
 So that looking to be more aggressive in that.
 I mean, I certainly trust what you're saying, but it would just be nice to have it there, too.
 I can give you a copy of...
 medical loss ratio you may have heard in the press recently with health care reform.
 The sewer fund projected expenses going up by $287,000.
 This is just changing the zoning on half of the parcels on Kings Road.
 People are paying those every day.
 So they do real-time DUR, so there's an extra safety precaution there. And also, by taking the plan and going fully self-insured, everybody will be extended the voluntary benefit of the international drug benefit.
 Move to second.
 Is there a motion?
 And so we did we put that you know, we may not run everybody that's got a $10 ticket outstanding Number games, but you know pick a threshold of $100 or more Put it up and get that out
 I can't wait.
 And that's my work. I was just making a summary, but I'm not sure.
 What we have proposed is to self-insure that.
 for a motion to enter an agreement with CSEA Trust. Is that what we're looking for? Yes.
 We will have a presentation on some of those correction techniques that we're looking to implement two weeks from tonight.
 Does the city offer a buyout currently?
 I know I'm supposed to be coming for public safety. That was just given to me tonight.
 So whatever they end up paying the doctor's office, we pay them.
 We are allowed under this filing as a trust to bring in the various unions that are represented in the city as well as throughout the state.
 is a dynamic process and we always look for ideas and concepts to try and do things better and more efficiently.
 Second.
 We have that summary done by Monday Council you know again most of its outlined here, but we'll get it down so that you can I
 during the use of the composite was, kind of line by line.
 It's a family of four, it's 60 for each person. No, just for the employee.
 What is it? Whatever.
 55 zones, Marshall, when the 55 zoning ordinance changed it somehow and split it in half and it took us another 55 years to figure that out. And it was the same ownership all that time.
 Someone to move that.
 When we passed the comprehensive plan in 2008, we added in requiring a review of any state or nationally registered property.
 Will employees be required to have re-enrollment now too? You just talked about how the card's changing. So, Armstrong's going to have to complete new forms to get this new insurance? No, what they'll do is go through your typical option transfer period that you have.
 So, I think that's a good point.
 Snagga.
 resolution?
 You get some people that do it, but it's not this big tidal wave of people realizing their civic responsibility and all of a sudden showing up Monday morning and wanting to pay.
 Some of those we will do well on.
 So when you have
 came in late.
 All right.
 Major expenses, last year we paid our retirement bill in full.
 Your EPO plan though has twice as many members in it.
 And I apologize, this is Eric Lentola, he's our senior consultant for the trust, just so that you know who's talking.
 And then with a definitely parking fine similar, you know, we write a hundred tickets to 20 they get paid or the certificates
 Okay, great.
 I just found out I cannot be at that meeting, but I'd like to have the public hearing on November 12th.
 $1,391.
 The jury did it.
 Would you get a copy of the document? I got a copy of the document, yes.
 Changing the prescriptions or the vendor to PROACT as well as extending the Canorex option to the remaining employees that don't currently have it will result in additional savings. Reduction in the staff loss expenses.
 so that there's a greater amount that's paid. And it's also so that it's because of the GE pilot agreement is in place.
 As an employee.
 May I have that? May I have that?
 that changed I was gonna do this summary again if you wanted it
 claims tend to come in a lot slower.
 Okay
 Any other business to come before government operations? We adjourn.
 There's also a fairly steep vine structure in place there where the revenue goes to the localities.
 We want to try and start this as early as we can so we get as much information out. And it's what I also call this dynamic review of health care on an ongoing basis.
 We don't have any. It's no discretion.
 The 2013 budget has a reduction of 22 positions.
 The state of New York actually undertook a huge study
 The other thing that's a little bit different, but it's not a change in benefit, is that we're going to carve out the existing prescription drug component, which is now covered under MVP through Medco, and we're going to transition that benefit to a Syracuse-based PBM called PROACT.
 I think amortizing it isn't necessarily solving.
 that the drugs purchased internationally are 40% cheaper.
 Any questions about that?
 We submit the claim, the doctor submits the claim to MVP, MVP processes it, and MVP then bills us. We bill the city.
 Bay River journey.
 All in favor?
 I'm just joking.
 All right, thank you.
 $100,000 limit.
 The intent of waterfront zoning, in addition to preserving the character of the waterfront, doing appropriate development there, was also to create some new urbanist higher development density there, and limiting the heights to really four stories did not make sense, especially as you get 200 feet, it's pretty far away.
 Hold it.
 Actually a bond issue that was paid off this year so that there's more money in the sewer fund to be able to deal with that.
 I can give you a package.
 An increase in the medical loss ratio.
 And I think that's a good point.
 Second.
 So that's going to generate some savings as well.
 All in favor?
 We're down, as of the end of August, we're down 12.5 million.
 Hopefully it comes right out.
 And I think that's a good point.
 I think you switch over to CSUSB.
 So, we've been creating these T-lines, or T, I put it, all T-lines within our budget. It'll have this separate line for our grants. And then every time we draw a dollar on it, we draw right the currency out of the T-line.
 get sick and we pay the bill, we pay the premium, just like your car insurance.
 And I think that's a great way to end the meeting.
 I believe this is executive section.
 When you do the recycling, you reduce the tipping fees, which drops our overall cost.
 So 80 plus the 60, right, it's $140 per employee on top of whatever medical expenses I have.
 Again, we don't have, we've got a group that's big enough so that you can stand alone on it, but it's still small enough so that you can do some of these creative things and, again, better control the costs.
 And we have a lot of flexibility as a trust. It's also a labor management trust, so there is a board of trustees with both labor and management sitting on it.
 not definite yet, but planning commission will be reviewing the whole site together as one comprehensive unit, most likely.
 All in favor? Aye.
 As far as the Canorex is concerned, right now we are offering Canorex only to the employees who are in the city plan on a voluntary basis, but now we're extending it on a voluntary basis to everyone who's in the EDO plan as well.
 And that's why I believe shifting to this format gives us better controls. And again, if you want some of those, the more detailed numbers, Matt can provide those to you. We've just gone out for quotes with MVP and other vendors.
 And so,
 and schools in general will order.
 PowerPoint and everything.
 It's a ongoing problem here in Schenectady where you just compare the state aid formula, our friends in state government, you look for some rationale in the formula. Schenectady gets a little over 11 million, 11 million too.
 I have a copy of the record for those of you who don't know about it.
 Okay
 If you're filling drugs through a drugstore and then through the international program, they can't always tell if it's going to have a side effect or maybe you shouldn't be on it.
 I'm gonna go ahead and end.
 would like to say that we would not have to do it. And it really becomes a component of the growth rate.
 Actually pays your business.
 October is Italian American cultural month so I'd like to propose that we honor the Italian Americans for the month of October.
 So if you're on something that's going to go to the next higher tier, you'll have at least 90 days to continue to use that medication, talk to your doctor, and find a different medication that works.
 budgeted is presented to council, incorporates approximately a half million dollars in savings that is projected through shifting to the CSEA trust. And again, that is being done in a manner to maintain benefits at the same level. And I have Clark Plow here from CSEA who can, hey, Wilbur, just a quick summary of it, and then
 Again, we have some of the traffic enforcement, the positive benefit is reduction in auto accidents, you get a higher compliance for just vehicle and traffic safety and rules, and you get a safety
 Thank you.
 Makes sense to me.
 The actual budget proposal is a reduction in overall spending of $378,000 for a little
 Okay.
 So it's a win-win, but it saves the city money.
 That number has grown to what's owed us is in excess of $2 million. And I believe also with confidence that a police department with a more aggressive inspection on truck and some other vehicle and traffic enforcement activities, we can bring in an additional $100,000 on that.
 I said that.
 I like to call it an administrative service credit.
 You can see there, funeral homes changed to not permitted, nursing homes changed from not permitted to special use permit, and OTB parlors, I'm not even sure why that's its own thing in the zoning ordinance, is permitted.
 Who currently, MVP provides the processing, who currently provides the stop gap insurer that limit, that liability limit insurance? Is that MVP as well or is it a different insurance company? It's HM Life. HM Life is the provider of the stop loss. We're looking at renegotiating that as well because we have a competitor's quote that's lost.
 And I think that's a good point.
 This number is roughly just 10 cents on the dollar.
 This really becomes a seamless transition in terms of the employee viewing this.
 There doesn't seem to be any rationale in that formula.
 That's what they get paid out of the project.
 There's no extension to the grant.
 And New York State has come back to us and asked us to remove that.
 Okay.
 We go for it separately in a separate fund and try to separate it.
 and to encourage you to pay the claim.
 It depends on how it's set up.
 You're gonna take care of that terrific the display
 So...
 Bill this year will be 11% higher than last year.
 You have an EPO and a PPO, and I see you do have my sheet, so you do have some information in front of you. And switch that into the trust without, as the mayor said, changing any of the benefit structures.
 proposing the increase in the waste collection.
 I thought that kind of got lost. I think that's important too.
 Thank you.
 I move to approve the motion to call for the public hearing on November 12th.
 Maybe Gary can go over that a little bit afterwards, but we are calling for a public hearing on the 22nd of this month.
 has stood true since the day we implemented in Schenectady County many, many years ago.
 included.
 a full year ago we had Tom Wilson come in and reorganize that, put controls in place, better objectives, put measurables there.
 Yeah, we can.
 water enhanced activity I guess.
 I mean, even though we don't have the exact given the dealt with prices.
 Our total contribution for the retirement is
 come before city development and planning on it.
 There's no way to get there.
 And Carl, this is the summary of some of the numbers from parking tickets.
 And I think that's a really good point.
 I am the fund manager for what is called the CSEA Strategic Benefit Trust.
 Anything else to come before the finance committee?
 Aye.
 looking to make that part of a formal presentation.
 Thank you.
 So MVP then takes that $100 bill from the doctor's office, they mark it up to a hundred and...
 So our proposal, effective 1-1-13, is to bring your benefits under the trust. Again, no change in the benefit design. Convert the current EPO over to a self-insured arrangement with the appropriate stop-loss insurance. And stop-loss insurance protects the city, because when you self-insure, you're taking the risk, OK? But you're large enough to do that. But you also want to prevent any high-cost claims.
 Those again are the swimming pools, individual departments, physician here and there. That full summary is available.
 Is there a way to determine that city is not paying, certainly not twice, but somebody's already insured under a spouse's insurance or a family plan, is there a way to determine that wouldn't include that person? That they're already insured? Quite honestly, that's probably something that would have to be negotiated.
 It does cost money.
 We can either pay the full amount or can they have allowed local governments this mechanism to amortize some of it so it levels those payments off a little bit and minimizes the impact of these years when we've had, again, double digit increases.
 Again, look forward to the ongoing discussion.
 One of them is off-premise sign and on-premise sign have the same definition, so we just have to add a word in there, and the rest are just corrections of numbers that are referred to in zoning ordinance.
 Second, I was a.
 I should have one.
 I'm sorry, I'm not sure.
 The agenda is Chief Sieber,
 That is where that number may vary a little bit, where the projection is $83 and change or something coming down from the $120.
 That results in a net savings of about.
 other questions.
 Any other questions?
 And as we go through the next round of foreclosures, John, how many houses are on that potentially?
 Thank you.
 Bye.
 The, yes.
 It's already on the website.
 There was some reductions in expenses there. With a total savings on this sheet, I think shows about $800,000 conservative, probably over five. That's what we're carrying in the budget is roughly $500,000. Right. Again, as we start this up, there is some transition, some little bit unknown. But there's a lot of opportunity to better manage our care and do some of the wellness things.
 In this case, they're trying to shorten the window. Even the signature of the page, there's no order. We have to mail it in, and we do it electronically, and they'll send it back to us. So it expedites the whole process of use.
 This on the budget I'm submitting would increase the tax rate to $13.91.
 The four changes include number one, waterfront zoning.
 I'm not sure.
 $100,000 per employee.
 We're on a blank.
 going to be helpful because there may be questions coming up from other individuals about why this company and not that company. And just so we have the figures in work, have to convince us the right way to go.
 So this is basically $60 per employee, that's our total cost on top of whatever medical expenses anybody claims.
 So.
 In some years, the city's contribution was pretty close to zero, where the fund was aggressively managed, properly managed. Aggressively may be the wrong term for pension funds.
 We never we never move forward with it, but it was it they were selling they're trying to sell the building and like half of his own commercial and half of his own residential
 in favor? Aye.
 So $60 per month per employee.
 and wireless connections for our MEPs, our police officers.
 who was out of town.
 All right, I will call to order government operations.
 The other item on the agenda is this is Disability Awareness Month, so I thought it would be appropriate to address that.
 And this budget predicts collecting 10% of that. I hope I can sit here next year at this time and tell you that that was a very conservative number.
 Are you going to turn the lights on tonight, as I understand? I don't know if they did it today or if it's going to be going on tomorrow.
 doing the processing of the bill.
 I'm not sure.
 I would advise you to take advantage of that.
 PROACT has a relationship with them, which is a positive relationship because what they do is they interchange their data.
 Each of the, what vendor meaning doctor's office?
 brought actually a package for you.
 That basically is for every dollar spent in premium, you expect something in return. In this case, for every dollar in premium, what we saw was about an 80, I believe it was an 81% of that dollar being spent on medical care. The rest, administrative, whatever.
 Water fund proposed budget is actually a slight decrease of $84,000.
 We are moving into executive session.
 Anything over that requires planning commission review with a special use permit.
 pilot could you provide a detail of the pilot breakdowns yeah we can do the full summary of that
 Do we have any questions? I'll move that we enter into contract with the CSCA Benefit Trust.
 that is being done, though, where those staffing increases would offset some overtime costs. And again, the command staff and the fire department will be able to explain and articulate the reasoning behind those as we get into the individual budget reviews of the council.
 And then you have the medical loss, I guess the stop loss, which is kind of the, if there's a huge claim, someone falls out of an airplane and it's $10 million worth of expenses, right?
 It's the right thing to do
 I'd like to get it down by better managing some of this.
 The other slide farther down may answer your question on the parking.
 It'll be the same benefits as Medco? You'll still have your retail pharmacy network. You'll still have your mail order, domestic, 90-day. Plus you'll have the voluntary option of doing the international drug through CanRx, which is a 90-day brand medication only plan.
 Next thing up, CSEA benefits trust discussion.
 But now- What are you bringing in? I mean, what are you adding to that relationship? The trust brings in the ability, because MVP has formed a relationship with us, to reduce their administrative fees and to work with us closely as we work with our clients, in this case, the city, to try to steer the population into healthier lifestyles, better claims experience, better utilization of the health care dollar.
 actual numbers there are fairly low on each year because we've sold a lot of those to ATF. And, again, we had some people cleared those up as we went into the foreclosure process. You can see the balances that are outstanding.
 at this point I'm more skeptical of it, but more than willing to discuss it or look at it.
 They're still not seeing the level of compliance in terms of our recycling.
 83 and change.
 In the case of the city, we were asked to come in and meet with the mayor, the various unions, and propose some suggestions to save the city some money without changing benefits, because we do recognize that you have different unions within the county that negotiate their own contracts and have their own benefit structures.
 The next page deals with, again, property tax rates, where, again, it reflects relative stability but an upward trend.
 I'm gonna make a little tie.
 go to the exercise station.
 Okay, so is this revenue then that will be recorded in our budget? Is it in the budget? No, it's not.
 I have just a couple questions that I'm not understanding fully.
 They say we would have to basically designate anything locally anyways to be able to review a complete purpose door
 It's in our packet.
 I know in the past we had a discussion of the laterals and ownership. Now we have that.
 choosing the generic versus the name brand, things like that.
 Is this for, how soon do we spend, 2012 or is this for next year?
 You know, Utica, a sister city, which is more comparable in size, even though there's 4,000 people less, gets a full $5 million more. And Niagara Falls, which had some rough times like all upstate cities, they get $17 million.
 I would say that looking for a long term relationship with this only in terms of flexibility that is afforded under this scenario.
 And our hospital and medical insurance, again, even we're rejecting the half million dollars in savings from CSCA, we'll still see a $680,000 increase in our hospital and medical insurance.
 I don't see a major disruption at all. So it's a really, it's a positive thing.
 Thank you.
 And some of our actual writing of tickets have dropped a little bit.
 Seeing nothing else to come before public safety, I will adjourn.
 I like this.
 So everybody we took a while had to be put back on. But there are, I'm not sure that we could find a company that would do it for you. It's a very specific, focused type of study. And you have some HIPAA stuff that you need to be careful of. But there are studies out there.
 Do we need to move anything on this? Do we just... I need a resolution to...
 And I think that's a good point.
 Another water on that one.
 You have, like anything in life, you have people who engage in a high level of compliance and people who kind of push the edge. You get a lot of trucks that are overweight and are non-compliant.
 I'm gonna get the fries.
 to get 60 bucks and they're going to give a portion of that 60 dollars to you? Okay.
 And I think that's a good thing.
 to put some kind of things in such a state of the art. So, as far as I'm concerned.
 All in favor? Call the order of finance committee. We'll set him up for hearing concerning the proposed 2013 budget.
 And I think that's a really important point.
 It's done somewhat humorously, but this is the 2% tax cap.
 and have a time-fair day group.
 Oh, look at that.
 at revenue items that increase payment in lieu of taxes goes up by
 And that's what they mark up, or that's their processing fee.
 This goes to 2014 now.
 And I think that's a good thing.
 we think we're gonna run it out.
 we've actually feel as we can reduce that amount drastically to maybe it's gonna be in the $40 range per employee you know we won't know that we actually right right
 So basically right now the city has an EPO plan that is insured.
 We're not going to see savings in overtime. I mean, is the overtime budget going to get cut by equal amount? There's some of it is and some of it is a net increase with staffing. We've done more in terms of the arson investigations.
 It's fun to bring to light you think we kind of glanced by it
 and Dolores Cruz, I think, was gonna put them all, yeah.
 All in favor? Aye.
 Yes.
 benefits are still going to be paid out, but we're going to have the opportunity going down the road to have better just review of our actual costs and how do you manage that? How do you keep employees healthier? How do you take advantages of what I will call the dynamic changes that are occurring in healthcare? None of us know what's going to happen in Washington election November, what's going to happen in January.
 have to deal with them one way or the other. And it's getting that message out that we're going to be aggressive on this.
 if you approve this.
 program.
 You have the opportunity.
 The outstanding issues from parking fines and related citations out of the police department, 10% of that is $200,000.
 So these are the estimated changes, like in stop loss, with the prescription change, medical loss ratio. We're going to pick up the cash flow of the roughly 15% in the lag in that first 30 to 65 days.
 a lot of town, but I miss the people.
 The last thing that I think we're pretty excited about is the wellness initiatives through MVP.
 I was a mom car employee.
 I will not deal with any questions over there.
 those cases we want to continue that message we want to work with homeowners trying to do it but you have a high percentage of this where they are absentee landlords their property owners who I believe largely just should not be in the business of owning property they
 So what is that administrative fee, do we know? Is it consistent or is it variable? It's a consistent fee per member per month.
 the grandfather and those folks that are on those drugs that might have a change in what tier they go in, would you grandfather them in altogether? But in any event, if you decide that you're going to change the formulary, which again would have changed anyways under Med-Cal, I need to stress that because I don't want you to think that it wasn't going to change, there's a way to communicate that.
 It does state CSEA in the name.
 Maybe that somebody was ticketed at one level, a court may adjudicate it and say they had some reason for it, it was a lower fine or other things.
 Okay.
 to be able to do that.
 The next page looks at the delinquent property taxes from 2001 through 2007.
 We can actually take your current existing plans through MVP.
 about 38 cents a week.
 It would be something.
 This one is not.
 So I understand right now, I think just from a basic perspective, we pay MVP premium, they insure our employees.
 repeat.
 Yes.
 after the reval, which is, new numbers were used in 2010.
 It's a huge chunk above what ours is in the $11 million.
 And from there it goes to you, right? You are then adding a functionality in terms of helping send our employees to the right direction, right?
 No match.
 Some of that's just the old aging infrastructure. And then again, with the golf fund, projecting revenue growth of approximately $100,000 and no projected increase in fees there.
 I believe we talked about this already once but we didn't hold a public hearing.
 It's right here, it says.
 I just would like to clarify one thing.
 It's good for having that. It claims just medical expenses.
 Partially paid.
 because some of the staffing is down, some of the call volume has gone up in other areas, so that looking to refocus some of this effort with the traffic enforcement, with the truck interdiction in some of these other areas to make sure that we're not losing
 All right.
 So that's discussions that we'll be having with the city.
 I just wanted people to start understanding the process that we're looking to go through.
 Okay.
 That's kind of an unsustainable.
 And so, I think that's a good point.
 Bye.
 So we're looking to do it January 1st through December 31st.
 Those are primarily vehicles that exceed the weight limit.
 are going to be exactly the same for one.
 A waterfront, yes.
 There is a component of that that is part of this budget, but it is done within the existing fee structure.
 As you know, that mayor proposed presented his proposed 2013 budget yesterday, and everybody has a package.
 not really a savings. What it is is that you don't incur claims right away on your medical side. Your prescription drug you do because that's real time at the drug store. When you fill a prescription, they slide that card. That's real time.
 Yeah.
 Okay.
 We are in the process of switching EV cars as well. So when we get EV cars out, we also like to put the new configuration in the mobile engineering.
 from some of the pilots that are in place and they ramp up each year.
 In there? No.
 the information.
 even though we have negotiations open with some of the unions. And there's discussions on how to just better use the wellness plan through MVP, how do you do things with Ellis Medicine that are not directly dealing with the benefits, so that everybody still gets the same level of coverage. But it's somewhat just the added discussion of how do you better help the employees, how do you manage chronic conditions, and how do you avoid conditions?
 And I think that's a good point.
 now it's 125 right and so you said you said about 80
 to
 you
 You already have the city plan, which is self-insured.
 is not going to be part of the general fund.
 It really gives us the city in working with us a lot more quality control over your claims. You dissect them much easier because it's your, you are the one, a claim is a claim.
 We want to work with people. The council's been very sympathetic. Donor-occupied properties,
 Yeah
 I'm so sorry.
 that we can bring in so he's all of that additional $280,000 in rentals these rental certificate fees these
 do the summary of that. And actually, some of it is it's summarized here without the cost being on the other side.
 So let's.
 It's a payable debt.
 So we're going to have an OTB parlor on the waterfront. Riverboat camp? I think she's going to have a good time. It's a lab now.
 to take the prior fiscal year tax levy minus the reserve amount including interest earned, multiply that times the tax base growth factor, then you add the pilots receivable in the prior fiscal year minus the tort exclusion amount prior fiscal year, and then you multiply all that by the allowable levy growth factor minus the pilots receivable in the coming fiscal year, and then plus any available carryover.
 Okay
 The budget president.
 they have that live well, work well program. But as you may know, the city has been talking, MVP has been talking to the Ellis Health Hospital System about not only promoting some wellness initiatives, but possibly arranging some initiatives with MVP directly for care. Meaning that there might be some arrangements, and I've seen this personally out in Lewis County, whereas if you can steer members to what you feel are quality programs through your local hospital system,
 I just didn't know what it stood for at the time.
 So your formularies do change no matter what, but we're going to look at this and talk with the city to see what the actual disruption is. And we can do a couple of different things.
 It's a 501c5 Taft-Hartley Welfare Fund.
 They don't maintain it, they don't keep it up, and people who haven't paid their taxes for three, five, six years. There's no other message that we can send out except that we don't want you here.
 Oh, man.
 We have scheduled for the first day.
 Alright.
 I don't know.
 Thank you.
 negotiate down.
 There are some mechanisms to tag your registration or your license renewal. We're really looking for stuff that is more comprehensive. In the past, we had somebody who ran up a lot of parking tickets. They would put the car, register it in the spouse's name, the sibling's name, child's name. And we're looking to find ways to avoid that and actually hold individuals accountable.
 Any questions?
 All in favor?
 $180,000.
 Is this a function of this trust? Would they be looking at an audit of employee insurance? People who may have double insurance, as an employer said. They both have insurance, the way it works. Somebody works for the state, somebody works for the city of San Diego. Both are insured through their...
 you have what's called stop loss insurance. So if that claim reaches a certain threshold, there's a third party insurance company that insures that claim for you so that the city is at risk for that high cost claim.
 I don't know what the ROI would be for return on investment would be for a group of your size But it's if it's something that you've never undertaken It might be something that you want to talk about consider in the future because sometimes there are savings there
 Is there interest associated with that? Yes.
 You have a bell.
 Contour, public safety.
 It was my understanding that the mayor was giving his presentation again tonight as well.
 questions.
 I.
 for doing that with us.
 Absolutely.
 So that may vary a little bit based on the actual quote, but it's still a significant number of dollars on the table.
 Again that cost has gone up
 that being considered at all? We've done that a couple years ago and the net result was not as positive as we thought you'd
 pharmacy benefit
 22nd of October called for public hearing
 Okay.
 So there's another round where we start out with a large number of houses, people come in and pay up. And if they don't, then we're going to take the houses, go through the process to convert them back to some level of productive use, and hopeful that what we've lost in property taxes, that we'll be able to recoup in the value of the property.
 In the 2012 year, we're looking at tax returns 1330.
 I'm going to be a little bit more specific.
 was put on the website.
 Again, to emphasize that we would still stay with MVP.
 If you asked me that a week ago, I could have told you the number.
 I think that's
 Typically not the whole plan.
 And what does the cost of that insurance mean for us? Do we have an estimate? Currently, your stop loss on your city plan, which is already partially self-imposed on you, is $125 per employee that participates per month. And currently, our quotes on that are significantly less than the $80 range per employee.
 and about two weeks after that.
 right plan.
 So during the option transfer period, we'll be around doing employee information days and what have you just to explain the change of administration, but there is no change in benefit or plan.
 Again, now the assumptions there, I believe, are overly conservative.
 the
 Just so I could fix that
 I'm going to be doing a homeless security grant.
 So they got the variants in 50.
 I call City Development and Planning to order.
 What is the partial PD slash DSI? What's DSI? D-I-S-I.
 Okay.
 And then the other thing is, you know, the process of the claim.
 We're adjourned.
 Hi.
 So there's what's called DUR, Drug Utilization Review, which has always been somewhat of a criticism of the International Drug Program because if the PBM and the International Drug Benefit don't know what drugs you're on,
 So
 I'll buy out all the single number and
 And I think that's a good point.
 we're going to get into executive session.
 includes everything.
 What we're proposing is that we can increase that medical loss ratio to about 89-90% which will generate some savings.
 So then what is the... With each of the vendors there is a built in administrative fee that will come to us.
 So what you're saying is the offset is not the unit area.
 But some high dollar metal, one time unusual circumstances, very costly, that limits us to, kind of limits our liabilities for a spade, right? That's a $500,000 limit? It's a $100,000 limit.
 things.
 you should have.
 So what we're requesting to do instead of making it require variance is basically just allow for 56 feet any
 see the opportunity some of the stuff that Jim Kelly's talking about at Ellis Medicine some of the things that are in place with MVP it's all here within the community and
 Thank you.
 And that is something that I look forward to working with the council on to deal with that.
 And I think that's a good point. I think that's a good point. I think that's a good point.
 So MVP is still on the backside paying the claims because it's their network.
 You know, beginning of this year, we had 18 million outstanding.
 or without being so, no problem with the 90 day prescriptions being built around it.
 Thanks.
 So that's really why we moved along this path. I think, and maybe Jeff, you can talk more to the water and the reasoning behind the two kind of going along the same path and wanting to do them along the same time.
 You don't want to get off the highway and have a McDonald's, a Burger King, a McDonald's,
 The reason that the gateway looks the way it does, and there's been relatively little change there, is probably primarily due to three things.
 Good, good.
 So your question is, what's the impact if the zoning amendments are not brought forth?
 So the only reason to extend it is to, from the Water Sewer Commission perspective, is to reduce rates in the near term.
 So that wasn't as big a concern. We wanted to allow some flexibility to
 So, you know, if you go past the Thompson House to where Black Fork Towing is, the topography there very much restricts the type of building and the places you can place other buildings.
 Sure. Jeff, do you want to jump in? So the schedule from two years ago when we did the big zone rewrite, we wanted to put those in front of the voters and we had a specific deadline.
 So let's just point people out that it's a small place.
 I don't have a problem with 17,000, 20,000, 25,000 because I think there's sufficient amount of land there that could fit, but I do have a problem with flat roof.
 And I was wondering whether that could potentially change their expansion or not based on their own sort of capabilities.
 The proposed zoning from a couple of years ago that got defeated, the Planning Commission tried to deal with this issue by not allowing franchises to come in. But it could, if you change the name, for example, Parkside and Kitchen Table,
 the most.
 Yes, a clarification though. The ability to have an additional meeting in January, it's essentially an additional meeting in January, right, in order to stay on the March timeline?
 Any other questions on that section on any of the other uses? Yes.
 You can hopefully get this thing moving quickly so that the reaps aren't held out, you know, dangling for longer.
 the footprint is roughly 10,000 square feet.
 I didn't learn to study or anything, but that that traffic would be traveling in the opposite direction.
 So the economic tipping point on the extension of the water and sewer lines, because they're kind of separate.
 I think we could be smart about who we do approach and attract. And there is some benefit to the Economic Development Committee and
 I agree.
 A private club is like a tavern, but for private people.
 So one, two, three, and then the board's going to make a decision here. Yes?
 This 40,000 one is a large supermarket.
 A majority of the business activity shall take place off-site.
 and to blow through that timeline I think would be the wrong thing to do because the changes that we have made, again, are the best use for that land out there.
 And then following a conditional use approval, the DRB would issue their decision.
 None of these changes affect any property.
 area and that's where it includes information about including commercial and residential
 So they did talk to some different people that were interested in developing, and there's only a few areas that can be developed.
 We have a nice little walkable downtown here.
 I guess it could from the standpoint of competition, right? So the first person to build good commercial space might lock up that commercial space, that market.
 I was under the impression that it still impacts potentially the water on to and some of the development that would make, really support those water users and help decrease their rates.
 That's not accurate.
 This is the way it's supposed to happen, I guess.
 I just want to use the Richmond market as an example.
 But isn't it the case that the most important factor is whether or not water and sewer gets extended to the property, and that that's at least a year until that.
 And I find when I'm driving in from the interstate, your eye is not looking at that side of the road at all.
 We're more of a rectangle.
 Anything else? Other questions or comments on that? Great.
 Any questions or comments on those? The town plan says that the building shall be in character of what's found in the village.
 We're appealing to the same hotels we see in thousands of interchanges as we drive around the country.
 We should also think about the fact that cheap stuff to build in and we have development there will quickly lose value and set a bad precedent for the entry of the car.
 set back more than 200 feet from the edge of the Route 2 right-of-way and 30 feet from the edge.
 You couldn't do a tear down and build a single family house without equity business.
 You can make a regulation where you say we're not going to allow buildings over a certain size.
 In reality, the mobile station shouldn't be there, but that was done years ago.
 had to have a special meeting to make an Australian ballot.
 So that's kind of why we're at where we're at.
 that there's a problem.
 As far as just town services are concerned, I think when you have more children going to the school and things of that nature, the taxes tend to increase on the property value taxes.
 So you
 I mean there's certain areas and communities they get one that looks like that. But it has to be in keeping with the town plan that talks about the character of the village and McDonald's' non-character with the rest of the village.
 Is there any comment or question on that section? Okay. In section 3.4.4, dimensional limitations for structures on lots in the Gateway District.
 And we were getting into thinking about tradable development permits, all kinds of things that basically I have no idea how we would actually administer.
 comment on the traffic and the
 It was happening at the building itself, guys.
 This one here is about 10,000 square feet.
 Thank you all for coming out in the snowy weather to this public hearing on gateway rezoning.
 Gary?
 We have not set a time for that.
 Right.
 And the additional things you brought up I think can still happen when we talked about two phases.
 Does that make sense?
 the intent was and what why.
 I mean, it's going to take two years to build water and sewer out to that area.
 Are there any other questions on this section we're in?
 So that would be the
 There's a ski boot manufacturer, a brewery, a preschool, a cabinet maker.
 But not all the way into the four corners intersection that is such a massive.
 I have five backbones, but I part them there.
 I can see that there was an answer about any screening or setback.
 I
 I'm not necessarily so thrilled with the idea of the business yard as sort of open, so open as that.
 actually be able to see, oh, here's what the intention is.
 So that big square in the upper left is deep pole size.
 cottage Thompson and this this represents a 15,000 square foot building and
 if the setback requirements are met, and there's quite a few setback requirements.
 Thank you.
 I don't think anyone wants the strip mall, the McDonald's and all of those other things.
 And to such that I think we'd like to see it, I think what I'm hearing in general is that there's maybe a two-phase approach is appropriate.
 Those franchises could have come in prior to this.
 And I think that's a really good point.
 What does that do to the rest of the property? What? $50,000. Or $17,000. $17,000. Give her a chance.
 So the question is, and I know the select board wants and the town plan states we want
 Let me just go to the select board first
 where you could have 17,000 square foot on one floor and then 17,000 on another floor.
 undergone a renovation recently.
 and barely see the Thompson College.
 correct yeah
 So that's not something we could say, no franchises.
 I don't think that the cheese plant is going to get redeveloped anytime in the near future.
 alter what's in the system.
 Absolutely, if we extended phase three all the way to the mobile home part, it reduces rates on current users as well as future users.
 So when water and sewer goes down there, everything's going to change.
 The only flat roof building is probably on Main Street, and it's the main block. But all the other commercial, even the grocery store, is sloped.
 And I think that's a good point.
 regardless of what type of story it is. So that's like a defensible zoning regulation you can do if you're just saying square footage.
 And I would think that that would attract even more of that kind of business.
 But if a funny question gives you a proposal, you guys debate it and make the decision.
 So I think that's a good point.
 And then the last one was Tavern and the Planning Commission actually took a second look at that and added the sentence provided is associated with on-site distillery, brewery, or winery.
 contractor I think I don't want to store there I don't think the reefs intend to do it but I think having that in there as an allowable use might not be something we want to consider
 So the way that this has been interpreted is that any individual development in the gateway must meet this requirement.
 So there's a new requirement which states that before the local board would review it, they have to go to the state and get a state preliminary approval on that curb cut and that access point before they issue the local approval.
 I have quite a few of these.
 One of the.
 It's in the eye of the beholder, but that it go to popular vote.
 McDonald's, it would be in a small house with a fish roof.
 So this dashed dark line represents that 200 feet, so that will give you some sense of that distance that I'm speaking of.
 questions and answers, right?
 Three pages, the public has to understand three pages.
 it's considered one of the conditional uses that has to comply with the other rules in the area. I don't see applied, they apply it in set up structure, limitations for structures. If you see the limitation applicable to lots, you can free that for us.
 Can we narrow the focus of these changes within what has come from the Planning Commission to achieve that? Or is there another way to achieve that? Thank you, Mr. Chair.
 Did you have a question about the textures? Yes.
 So that's allowable uses on issues of a zoning permit.
 and it talks about state or community owned and operated institutions and facilities are allowed.
 That's where I'm at.
 So maybe the town needs more time to talk this through.
 It sets up, it sets the framework for the whole development in a bad light.
 was at our last meeting where we discussed this, I pointed out that due to changing circumstances, in fact, the urgency about, at least in my opinion, the
 the water.
 Any questions about those?
 commercial development. Lastly, the new development must have at least 40% of the gross floor area in commercial use.
 But yours.
 to be some little Richmond business that wants to be out there.
 Just to clarify, so the dotted line on the map is the 200, the 200, the 200, the 200,
 I don't know if there's a lot of residential that would maybe be impacted by someone, as opposed to, but it could impact those that are currently there.
 we eliminate the molly or do we continue to restrict the size? So a lot of the 5,000 square foot sizes were removed for other things and
 doing the town plan is important and that would give us the opportunity when that's done to make further revisions in the future.
 I wonder if it's right.
 There could be.
 Now, after going through the location change for this meeting and talking to the attorney this afternoon, he's pointed out a section in the law
 correct.
 or make modifications to existing single family houses where you couldn't build a new single family house out there.
 I would be nervous if we had some big uptown developer coming in and just wanting to push through.
 provide information and have a discussion about some of those very specific changes that were suggested.
 So based on analysis we did, we found that there's about 26 acres of developable land that's in the gateways.
 we really want restaurants and retail business out there, we're really looking at businesses.
 must be located at the side or rear of the building with the exception of buildings that are set back more than 150 feet from the edge of route two.
 It's not an either or situation, I guess.
 Thank you.
 And a couple weeks before the vote came, we saw signs going up saying, vote it down, we want less regulation.
 Correct.
 You go, go, and you got it totally.
 And what you want to do is make it as open to different kinds of businesses as falls within the guidance of the town plan.
 I guess my caution is that we need to be realistic about the market as the economy picks up.
 that that is one of the limiting factors.
 They've proven that they have, you know, all the...
 And we're not, the Planning Commission is not proposing changes to the overall boundaries.
 So there's no longer that interim meeting step.
 it
 I don't know if anybody was here in the 70s, the Delta, Long Island days.
 So there are.
 obviously affects your planning as well, but it's not that immediate one about investing in water, how you invest in water and sewer.
 So if they're meeting all the requirements, and if it's McDonald's versus Joe's Diner, we can't pick or choose one or the other.
 Many of you know those in town, their water rates have increased.
 So we put up some maps up here, and we had hoped to pass them all out, but at least they're up here.
 Thank you, Chris.
 But it's how do we do things in a way that meets the character of our town, but also in those zoned areas for economic development that we've actually developed something.
 about our property.
 I speak for myself here and the rest of the select board can do that, but I think part of this is that the select board would like to encourage some kinds of commercial development in the gateway.
 And definitely to me seems like something that's appropriate for an Australian ballot.
 their requirements were for 15,050 or something, something like that.
 That's accurate. That's 100% accurate.
 That's great.
 We did a study on...
 Yeah
 So within the conditional use criteria, one of those does include screening and landscaping.
 I'll say, I read the last big Zorin poll, like I voted down.
 I'm just wondering, it would be helpful for me, by the way, my name is Marshall. It would be helpful for me in terms of putting pictures and boxes and squares and rectangles in context to just that. What's the footprint of the barn that's on the property now? You know that?
 that a select board issue, who's the body that we should pay attention to and feed into regarding development. But then to the select board, planning commission, everybody working on it.
 And if you flip the page, tavern provided is associated with an on-site distillery, brewery, or winery.
 Wonderful job.
 I'm not sure if technically the market is a franchise, but they have other stores in other towns.
 And I thought, personally, I thought that it was appropriate to leave the restrictions and size in there.
 We have two.
 But Mark, some of the other people can kind of give us some time.
 and some of the suggestions that they gathered from that and other people really helped them, informed them on the changes that we're going to be talking about today.
 We intend to do a big public outreach process and we're actually looking for volunteers to serve on a steering committee.
 Any other comments or questions on those? Yes.
 I'm just trying to take it out.
 Correct. So basically the opinion from the attorney this afternoon is that holding another hearing in January, if we made changes, say, on Monday or the next meeting after, would be an appropriate time to hold that hearing and again decide, you know, is this going to march ballot or is this not going to march ballot.
 If you go on to the next page, we talk about the roof pitch.
 We spent a lot of time discussing that in the zoning regulations that were discussed.
 of its instrumentality.
 I haven't attended all the meetings, but I appreciate all the work.
 So I don't have any updates.
 That's like a three-year process.
 I believe in the planning commissioner.
 And without any kind of setback, and I don't think 50 feet or something like that is adequate for screening.
 thing we asked for was get rid of the 5,000 square foot business location.
 Right now there's nothing that would prevent a tin building with a 1.5 on 12 roof.
 Do you want to see whether we should continue? Yeah, I mean, folks, stay in the talk? Yes.
 Right.
 The gateway is a whole series of parcels.
 shifts.
 that there's clear support from the town in Australian ballot.
 Any other discussion on 3.4 point
 That's not what we can do right now.
 any kind of pressure.
 if you wanted to address the entire select board, send your comments to Jeff. He forwards them on to us.
 So that, there are some labels here looking at general sizes.
 And for the last 20 years it's been closed and there's some big adjustments had to be made.
 It's a good point.
 You know the old manor machine and out to the park and ride essentially.
 that there's a clear advantage to commercial development over additional residential development in the town. Remember, we have declining population in our schools, which has tended to make them oversized and has been a contributing factor to the cost trends there.
 think Harrington's is actually over 20,000 square feet.
 And may bring, you know, help support the town, the future of the town, increase the tax rates.
 with the town plan.
 But let me just.
 I'm wondering where the 17,000 number came from. If it was based on the agriculture lab or just a random number you chose?
 It's really about what have we been doing with the areas that are zoned for economic development. We haven't been able to develop those.
 I think that in some ways the private commission went too far when we found it at the meetings.
 I think it would be in the town's interest to encourage the state in lieu of a formal alternative path, but to widen Route 2 as much as possible and promote, if not formal bike lanes because those aren't legally wide enough in stretches of Route 2.
 So no.
 We can think of everything we don't want and we could have really big zoning regulations, but we may miss some opportunities for some things we do want.
 and kind of giving a sense of if you were on the road, what that size would look like in compared to the farmhouse in the front.
 And I think that's a good thing.
 Thank you, everybody.
 Those meetings happen an hour before each select board meeting.
 business you have a yard, but if you're a contractor you have a chance for a clean operation and
 Maybe if you could expand just a little bit on conditional use and what that means.
 I think there's a lot more we can think about.
 We do have the Green Sea in town.
 I just want to make a comment that there was a change to that FI, the first subsection of FI.
 that is still, I would have to say, my preference. However, the...
 So there is a 50 foot, if we go to the next page, there would be a 50 foot lot frontage. Correct me if I'm wrong, Claire.
 Previously, before that, there was inquiries, I don't know if it was before or after the Reeps purchased the property, but development of the state police barracks there, which required a business area.
 You're not going to be helping the public or meeting their needs by trying to cook something up and bringing it to a vote.
 That's about 50 feet off the road.
 And then as you move down you have the two cemeteries and then a couple of smaller parcels.
 So if we do that, it is probably important to change the zoning so that we don't end up with things that people don't want to see there.
 And then there's removing of the 5,000 square foot maximum requirement for light manufacturing business and professional offices and research laboratory.
 a half a billion of it was 70 or 50 workers.
 And I think the value of that public water and sewer goes down if you're not allowed to take advantage of that.
 Pardon me, Claire could walk us through. Let's play that out.
 of those kind of flexible numbers where, you know, between 10,000 and 17,000 feet, we felt that was something adequate to build good commercial space or put some sort of use that we're allowing into it, but still restricted from being the size of Home Depot.
 I don't really think that that's.
 But that's not what's in there. It makes sense. We don't want big box stores in the regulations.
 Food processing was one of those water sewer uses that could use a lot of water sewer of water mainly that was added.
 State police, I mean, they usually have a parking lot.
 is that was modeled at 30 feet.
 still fit at the top, huh?
 I
 much as we reached out to the community for feedback and guideline in the six months that we were focused on this district. We didn't go that far because we didn't have the impetus,
 They operate under these revised rules.
 So there will be access capacity to be used somewhere, whether it's in town, in the gateway, or all the way out there.
 And the worst thing that could happen is for this.
 But to be clear, we're talking about maybe two parcels that have the potential to do so. But I think it's a good point. Thank you.
 So we've uncovered there's a lot that we are concerned about, about our zoning that hasn't existed a long time.
 back
 maybe decrease.
 You know.
 That's where we're getting to the setback.
 town website does have a lot of all the postings of the meetings and
 And when we're looking at, well, what does the big box store mean? And that can be some guiding information that you use to kind of judge, are we staying within the vision of the town plan? Based on this diagram here, a big box store would be considered this size, which is the size of a Home Depot.
 not just now, but in the future. And in doing so, how do we also ensure that we can have more water users? And in doing so, also, there was a lot of time that was taken by the planning commission to look at the current zoning laws,
 So to the question about employment, you can just show your hand up.
 And that not having a bunch of new residential developments when there's other areas you could do with it.
 This is, I think, a good process and good points brought up.
 It's my own fault.
 and the need for parking.
 So there's a lot of thoughtful process that did occur.
 And when the planning commission draws the changes, they have to ensure that it conforms with the town plan.
 I mean, we don't want that, and it's very clear that we don't want that. But I think we'd be hard-pressed, even if somebody did try to put that in there, doing that there.
 So, you know, basically the question is, do we talk about it on Monday with the intent of considering changes and staying on the March town meeting day valid timeline, or do we decide to drop that timeline? And really there's no
 So anything that's up closer to the road has to have the truth.
 There's a statement there about creating.
 fit three stories into that height restriction.
 If they do expand, it has potential to lower rates for everybody on the system because of the extra flow and the hookup charges.
 could have been better.
 I see.
 But what we did want to do is encourage the type of development, business offices and those kinds of things, and facilitate that type of development to make it preferable to some of the other possible developments that could come in there.
 Correct.
 business yard can change from one day to the next in a candid, very messy.
 And then I'm not sure how that fits with the time.
 That is certainly part of the discussion.
 And then a lot of those things, and then the few.
 Before we make a comment, please state your name so it is on the record. And tonight we'll keep it to two minutes, and then once everyone's gone, we'll come back and let you go again.
 a retail business that's going to add a lot of traffic along Route 2 and pull away from our downtown.
 So the next section is 3.4.5, and this has to do with parking, so changes are on A, where parking located to the
 So it's not an.
 Yeah, there's the doggy daycare. They have it in the front.
 The question about whether zoning gets changed in that is different.
 That's what the DRB is required to base their decision on.
 So we actually have a few more weeks to be able to make changes, warn another public hearing, and move the measure to town meeting to be voted on by Australian ballot.
 There's nothing here that restricts numbers of buildings necessarily.
 And everybody tried to fight it back then.
 the major landowners, they have proven that they have a strong staff in this community.
 So the gateway isn't expanding in any way.
 is one of the last areas in the town where we can add significant development that has the potential not just to have the benefits that Ellen described for the water and sewer system, which honestly we need, but also to add to the tax base of the town as well.
 Correct.
 I'm principal, I try never to disagree with Marie Thomas. And I'm not going to, I mean I think that you're
 But something like this, as numerous people have talked about, raises all kinds of questions about the town plan and the revision thereof.
 I have a couple of options.
 So that was kind of our thinking as the Economic Development Committee.
 It wasn't us.
 you can see where it is. And can someone describe, it goes all the way over to the mobile home parks on 117th.
 Do you have anything? OK.
 So the primary reason for some of the amendments that were proposed really had to do with the water extension and really the combination of the two at the same time.
 So the bond is now 6,000.
 And just to speak to a couple of those, reasons behind them.
 I just don't know where that input should go. But I think the most immediate one is the water, since this was parallel and the water, I think,
 What would prevent someone from putting a bunch of backhoes and we'll say Caterpillar moved over there and EJ Prescott put some pipe there and what would prevent that?
 I think that this commitment to bringing in the town board is causing you more troubles than it's going to solve.
 These are all uses that would have to go before the development review board and meet the conditional use criteria.
 Now, there is studies in room two is in the midst of a lot.
 We could add units now.
 I think it's nice to have people that know the character of our town.
 So this was a two-pronged approach.
 So if any of you are at all interested in helping guide the new town plan and ensuring that we get a lot of participation, please contact me because we are looking for volunteers.
 How many people could be employed and save the living with a footprint of 17,000 per story? Assuming it could go three because the Pete Drew thing is way into that size.
 So there was some thought into why the encouragement for commercial was important there rather than somewhere else where maybe residential would be better suited.
 Erica doesn't have that, Underhill doesn't have that.
 And there is a local pharmacy in the town that I live in, and you love your local pharmacy, but they actually own stores in other towns.
 It's also my belief that there's not the market for a certain franchise like Panera Bread in that area.
 especially Mark.
 And that was really being spearheaded by a nonprofit, the Senior Center nonprofit. And at this point, it stalled.
 had some that were eventually defeated and we had some some town-based
 25 inches.
 So, you know, given the time, it feels like we've exhausted comments from the public right now. I'm asking the board if they would like to drop this onto our agenda on Monday, which is our next scheduled meeting, to discuss many of the ideas that have come forward today.
 And I just want to add a little, and I have been learning as I go as well, that in talking to some developers, if you do have a building over 10,000 square feet, a pitched roof is really not, I don't know, economically good idea. So as you get bigger, to have a pitched roof is not something really that's reasonable for a developer that would maybe want to build here.
 It's still pretty low, but there is some line there that could be improved if some of the rents would be taken.
 So that's the maximum size that we allow.
 I'm fine if the review people, you know, like the grocery store, I think is great, but I hate to see a minting...
 First of all, I think we should do a time check.
 I'll just observe, there are some timing issues on the specific, on the REAP property.
 So there's interest.
 You can stop me if there's another opinion on it, but business yard is used often by construction workers, construction companies, other companies that may have large pieces of equipment.
 If there was screening there, I really wouldn't have a problem.
 But that wouldn't allow us to do what Gary was talking about and sort of engage in the vision of the town plan.
 I mean, I consider the uses in 3.4.2 to all be subject to the other requirements in the document.
 And then they get.
 So I think for the purpose of the gateway, a little bit bigger than this blue box is the size they're looking at compared to what's generally considered a big box.
 was a creamery site and the system used to have a creamery that used to use the water which balanced off the rates and kept them lower.
 And the question is how, to me, in the role that we have, is to bring it forward in such a way that it is
 Thank you, Murray.
 If we want other changes, we can do that.
 If you don't put water out there, none of this really matters.
 I'll say it's unprocedurally if, say, someone comes in and says, I want to develop and do a 100% commercial.
 Yeah.
 So we're charged with the economic development committee to really see if we can attract those businesses that would support our town. And also maybe even bring in more business into town.
 So a lot of you weren't there for those, but we just want everyone to know that's how this all happened.
 would like to just find the right kind of development in the areas that are zoned for economic growth that haven't been developed.
 would be consistent.
 I'd like to say no to the alternative design of the stove.
 Yes.
 The 10,000 square feet is approximately the size of the market that's here in the village. And we did look at some other buildings.
 And and just along with that when we talk about water and those two are together in this we're proposing that would go along The extension of the water line would go along that to all the way up to the mobile home park, which I mentioned yes
 So it's not a black or white situation to me, but obviously it would be great to have a mix if we can get it.
 say this is the art of definition. I understand what if you learn
 not necessarily specifically stated or doesn't have its own specific standard within that district.
 So that's some of the information that the Planning Commission has used as they went through their process.
 Thank you.
 I
 It's definitely appropriate to discuss them there with the select board as well.
 No, so they run their own plant, and I don't want to get back to this, but they run their own water sewer system now.
 was trying to get that balance, and hopefully that's what we'll get.
 However, the state is intending to do significant work on RID to
 People were voting based on who posts something extraordinary to Front Porch Forum.
 And when you're driving out, once you get past the cemeteries, you see the Willis House, which is 50 feet off the road.
 There is a buffer
 So those two.
 That's a no drive-thru.
 was more entrepreneurial type business.
 And also striking structures shall be built of or have the appearance of wood or brick.
 And that was, that.
 I have just a question about not necessarily the corner space where the roofs are, but the spaces further out.
 that could happen here.
 Because we
 And car fans, really, there are a few cars there in the time of the recession.
 So even if it ran by their property, it may not be financially feasible if they don't have the sort of commercial density to be able to take advantage of it, because it's expensive.
 I think it's an excellent question that we actually haven't gone through it.
 So, I think that's a really good point.
 and we'll talk about that as well.
 and who are known entities, I don't think that there's a lot of risk.
 The prime focus of where future development can go, predominantly looking in here. There was the mention of the 200 foot setback.
 I guess my question was more, is the limitation on what the mobile home park, is it purely sewage and water or is it something else?
 Thank you.
 don't have the opportunity as
 So I guess I would observe that if the reap zone is property, they're either working on the current under the current zoning and that has certain implications.
 I'm not sure you need to revise the talent plan if you're changing changes.
 Garage and repair was kind of the same thing as automobile service station when you look at the definitions in our zoning bylaws.
 I think of a business yard, I generally think of construction. And as this gentleman here mentioned, there can be all kinds of equipment there.
 That would be two stories.
 I'm not sure.
 So there are other larger buildings and so I'll just stand over here. These were some representations of building sizes, not necessarily building style.
 So there's a combination of wanting to work with the town people and those on the water to really look at how we can make it more affordable.
 And I think you'll find that across the entire zone of documents.
 Thank you.
 Where else can we do this?
 wanted to reflect the will of the town.
 I said, these machines.
 Let me just add something quickly before we do.
 Right.
 There were public hearings, but we understand there's a lot of people here that we need to listen to some more of what people in town have to say about the proposed changes.
 So that gives some parameters to what we have to stay within because that's our guiding document.
 And since the biggest parcels are owned by people who have a lot of investment in this community.
 Yes?
 My understanding, or I thought I heard a rumor, is that the select board could approve these zoning changes and not go to the voters.
 restrictions in terms of there's no specific excavation requirements or limitations
 I was so
 Given the limitations on commercial in our town and
 is no current zoning in Richmond that bans franchises, those types of things.
 to be a
 If they don't expand, it's sort of borderline, but probably still makes economic sense.
 We did get feedback that their experience when they first tried to open up in town was
 I'm going to change the name to become the original.
 So there's some.
 Yeah, in this picture, yeah.
 There's no reason not to stay on the timeline if we can do it in a thoughtful way.
 I think it's 5000 feet and less has to have a picture.
 condition, you know, you come up to the highway there.
 We were under the impression at the time to have an Australian ballot.
 We don't have very many places to go.
 I think those two.
 A clear majority of the Water Sewer Commission will not approve extension of the lines if it raises rates for current users.
 I'm not sure if that's a very specific language about shielding parking.
 I think that, and please, I want to hear from people who may have been involved in issues with the gateway in the past, but probably for about the last 10 years.
 I'm also going to be using the book right, not the entire building.
 because it makes sense financially if we're gonna expand the water to also do some of the rezoning at a parallel track.
 I keep thinking of getting off in Littleton, New Hampshire, and you go and it's like, it's McDonald's, it's Burger King, it's
 And just to get a better sense, do you know how big this building is that we're in right now? Yes, that was, I think we looked at it and it was just over 10, I believe.
 is not going to do that as a vote. And I think you can accommodate some of the requests here.
 Well, it could be at our regular meeting, yeah.
 eagles.
 why that was inserted. That's the first new addition. Is there a reasoning why suddenly this is an insert?
 Thank you.
 Okay, while we're talking about the sewer being extended out, we live adjacent to the multiple apartments.
 So we're going to go to Gary.
 Customary accessory uses for the business are small office space and vehicle or equipment repair.
 So any application that would come under one of these conditional uses would be reviewed by the board in a public hearing where neighbors could come and voice concerns or support for a project.
 The reason I'm committed to the March timeline is that there's going to be development out there. And I think that the changes, many of the changes that have been proposed today are good ways to properly utilize the land that we have out there.
 So no action to be taken today.
 I would just add that I think possibly you could get consensus and you could actually avoid this.
 So that's like an Elks Club.
 And then when you come down to the teal one that's the 13,000 square feet, that's your average size of a chain drugstore.
 But if you extend them both, the economics really balances when you get as far as the existing mobile home park because you get a large number of users in one location.
 and the select board supporting it that we do attract what we want. And I think that's possible.
 you think about the jobs that would be created there, the traffic impact from that, I have the strong sense that that would be a great idea.
 So that's where we're going.
 Thank you.
 The water barrier is close to having it.
 So, just spinning that out, does that, does that does or does not negatively affect other potential developers along the parcel with their opportunities for new masonry?
 Do we have time to get to where we need to be politically for there to be the kind of support that I think the town needs to have for these kinds of changes?
 definitions of it in here, is zoned for economic development in certain areas.
 That would be those fields or about three acres where the chiropractic office is right now.
 their shape of the buildings. We'll reflect those down in the village.
 And I just feel like we're being terribly naive about what's going to happen there.
 Thank you.
 long term that that is an option under these rules.
 So before the train was, there must be both an entrance and windows facing route two, and now it's one or the other.
 So I think everybody's got concerns and that's appropriate that people have concerns and people pay attention, but we're really talking about a really small area there.
 So that's the turquoise or the red.
 is not wood or brick.
 If it is extended until that it'll take a while. Yeah
 And we realized too, and I have to tell you, I learned a lot about the gateway in this whole process. And I know, you know, even starting from where is it? What is it? Has it been zoned for commercial? Right now it can be used for commercial and residential currently.
 And here it's going to be conserved by the land trust as a sledding hill.
 And so big box store tends to have its.
 So I'm not all that nervous, and I think it's important for us to keep it in perspective as to what really could happen there.
 there's an additional deadline for that.
 We'll read that out loud. No building shall have a footprint exceeding 10,000 square feet, with the exception of buildings that are set back more than 200 feet from the edge of Route 2 right-of-way and 30 feet from the edge of all other right-of-ways.
 I use the same book.
 So that'll give you a sense of how big of a footprint would be able to go out along on these properties.
 Okay, good evening.
 get it out to all five of us.
 The yard part.
 So I think what this is going to come down to is that when a developer brings something to the DRB, this will be something that gets put.
 there is a new requirement where if an applicant is seeking to either put in a new curb cut or I think this would also apply to modifying an existing curb cut,
 Whenever you have residential, you always need to balance it with some economic development for your tax base.
 So we could potentially do that in early January. Or if you don't want to make any changes, you could move it forward now. Or if you don't like the measure at all, you could wait a longer period of time or not enact it.
 But I don't know if we generate the kind of.
 So if we move on to section 3.4.3, which is dimensional requirements applicable to lots in the Gateway District, there were no changes to this section from what currently existed.
.5
 If it turns out that water sewer is feasible, that there is commitment from the trailer park etc. to be participating in this, then we need to immediately begin another round of regulatory changes or review.
 not going to be used why do you need to put a door there?
 But that's not going to happen overnight, folks.
 I would hate to leave old rules that don't allow us the flexibility of good and smart economic development and then have developers out there run with them.
 Should we? Would you like to? Just in the interest of public safety and avoiding exhaustion and everything, I would propose that we plan to run for 90 minutes total. And if everybody still wants to go and we're hot and heavy, we can reconsider. But should we try and keep it to that? Should I give us approximately an hour? No, 90 minutes from the beginning at 7, so to go to 8.30.
 So specifically with a state lab, that state facilities can go in there and they could be defined as a state facility, but then looking at well what about a private lab and being able to allow for that also?
 But in section 3.4.5, the second or last line of that section, subsection F, item 3, I, I, I, I, says there must be landscaping between the building and Route 2 of 50 feet. So there is a landscaping piece there.
 I think we are obligated to do it. And it's fine to let it season for a few days and say, how are we doing?
 So I would ask you very carefully.
 I'm
 So we have something to look to to say that that's what it is.
 Thank you. Yes, sir.
 Those aren't going to be radically changed by a building going in off of Route 2. But the flow of employees going to that building would be coming off of the interstate and going towards town.
 That's one of the.
 and
 And I think that's what's coming out now, but it's not so much 10,000 square feet or 17,000 square feet.
 it's going to detract from it. And there has to be some development somewhere.
 just to play this out, the 50,000 square foot building potential that's all commercial,
 And that's going to determine the look of Richmond much more than these rules about building sites.
 We also have heard from some business developers that sometimes it's very difficult to develop.
 where some of the current zoning changes are tailored a little bit more towards this project, assuming that water and sewer can go forward.
 I don't know if they have the setback requirements right in here, but I think we have some people from the planning commission.
 the
 And then we did some modeling where we were looking at this is the REAP property in the
 that idea is developed, we've discovered
 Phase 1, Phase 2, and Phase 3 development extension.
 Until now, not much has happened there because of water and sewer, not because of the limitations.
 When I look at that and you look at the topography over there, I think
 So what you're saying, so because personally for me, I give up some of those other things. If you could just keep telling McDonald's and Dunkin Donuts and Jimmy Moon, because I don't really want that in my house.
 not definitely not going to take up the kind of water that it used to and we need to do something
 So that's the last prompt in the gateway.
 can't see the toe in place because it's way up in back.
 Do we want to open it up for any comment?
 you would have the possibility of building to 35 feet.
 That was actually a very good addition and really would hopefully be in the character of the town and provide that kind of more of a destination versus just parking a bar out on the gateway.
 With the DRP process that fits with the character of our town, are there some other mechanisms in place that might prevent certain things from being done? I think it goes back to if all the conditional uses do have to adhere to the conditional use criteria, which is a different section.
 And then you guys go to the five.
 include the area that's been given? The conserved area?
 I just think if you're driving by Lear Estate, you're going to see rooftop units, you're going to see… it's not the character.
 Chris, I felt similar to you that this might be the beginning of changes, and this has actually been a great discussion to bring so many people to hear some of the things that weren't even addressed in this.
 And that's
 see here we've got some really nice
 I don't see the house frontage, frontage conditions, doesn't have setback or scale.
 And if you are 200 feet back from the road, you could have a larger 17,000 square foot building.
 So if we want to go there first, we would like to open the meeting just by turning to the second page and discussing what's on this and why we're doing what we're doing.
 It's not like it's a 50 page document.
 I guess I'd like to hear from maybe Al, because this is your area maybe.
 something that was really satisfying with the DEC Lab and more, and seemed reasonable.
 That's the legal analysis. The political one is that after the defeat of the omnibus zoning proposal two years ago, I certainly made a commitment to Richmond voters that if we were gonna consider significant changes to zoning, and significant I know is open to
 because we don't have the ability to take and share.
 So we tend to think of it now as the existing parcels, but suppose a developer comes in and buys up a number of those parcels and consolidates them.
 I think that's just to make sure that the state is overseeing traffic flows on their own highway system.
 I was hearing Chris say earlier that the worst thing is to push this through, have it get defeated.
 So first step, putting the parking, moving the parking from where it had to be, the rear, to up front, and what sort of gives an area, strict development feel more than anything else, is the sea of parking lots in front of the building.
 and many thanks to them. But at...
 related but different.
 So if you told us...
 There are changes in conditional uses.
 And that's certainly why the state didn't put in either of those utilities that were just mentioned under that section.
 And in the next few days, we can have that discussion.
 rather requirements. So you're right, there's a potential to fill in, say, to flatten things out. But again, the topography out there, if you walk back there, we're talking about rock and talking about some pretty narrow areas to combine lots and that would work for a building for squeezing a lot of things together.
 me the discussion was do we
 I think doing the.
 So I think overall what I see here is a huge missed opportunity to stand back and look at this as a piece of land, 26 acres.
 So this would be for buildings that are to the left, right? In the park.
 residential development, it only is no longer allowable.
 But...
 I'm going to go through the whole thing.
 Thank you.
 I mean, we all saw what happened in Rolleston.
 So if you go through the Q&A, number two, we kind of skipped forward to number two.
 that's about the amount of land that could be developed over
 So just for point of history, that new item F is a new item, but also it was modified from 50% to 40%.
 that selling of a single-family house to a new owner can still happen and you can still
 Now, there's a super line that goes out there, and it's going to happen fast. We may or may not have the luxury of going through this whole process to make it better.
 Buildings like that.
 It basically says a bylaw or an amendment or a repeal shall be adopted by a majority of the members of the legislative body at a meeting that is held after the final public hearing, and shall be effective 21 days after adoption.
 I'm not all that nervous.
 And I know that this has been a topic in the past, but just to sort of put that in context,
 is the limit.
 Yes.
 They're really the only ones that have any plans.
 in the last month.
 Let's say McDonald's decides they want to say enrichment. What would happen? Currently the way our zoning is written and the way lots of them is written is that we cannot deny a permit to somebody just because of their franchise name and
 Is there no thought to try to restrict the building density more than just by saying 40%? So the building densities are also governed by the setbacks in the next section, but other than that, you're right.
 You certainly don't want to be Williston.
 Was there any consideration for that? Because it sounds like that would address a lot of that strip model, franchisee development.
 In which case, parking can be in the front of the building.
 And what we could do is see this as the beginning of a discussion where a lot of these issues get brought out, but then we continue to work on moving forward.
 To the roadside.
 So more lines with the town plan. But I do also know when you do residential growth and you don't have any commercial to balance it, sometimes that can cause a problem with just providing the regular services you need to provide to new residents and families and not having the additional income to do so.
 This is the one.
 Mark, is it fair to say that in the zoning, since the deliberations, that on one hand, having a commercial component requirement, on one hand, there was an attempt to balance that by giving flexibility to the types of commercial businesses that could be cited there. Again, given that the propensity of developers is going to want to be put residences on that,
 say in the days that were...
 And if it's going to go to Australia in the ballot, it doesn't have to be at the March meeting, right? It could be in November?
 and construction for commercial development in town might actually promote residents and people living in the town to take alternatives.
 I would much prefer to see parking in back.
 system of chaos or do it yourself kind of thing.
 So I do think we can zone out a lot of things.
 What's being proposed is roughly three times the footprint of the barbershop.
 So what's the form for that and what's the one for the general plan, the gateway, how much development do we want where someone said it would have been a town plan, is
 And I think that's a good thing.
 There's a 50 foot setback requirement that includes a landscaping requirement.
 So if an application was to come to the development review board and there was a business yard which would essentially, the basis of that would be a parking lot, then it would be required to meet those standards which have to meet the setback requirements.
 Do we want to talk a little bit more about it? Can you? You might just point to the map and, you know, a reminder that that's the gateway.
 and really contribute to the town would be a very positive outcome and possible outcome of this process.
 cables.
 That's one of the.
 on the planning commission decided to move for the elevator into that 15,000 plus and that will be up to 70,000.
 they would have to get the blessing of agency of transportation to ensure that they wasn't going to create any, you know, traffic, severe traffic impacts.
 So are there things that could be out there that may attract more business into town during the day? So if you did have, I think the Vermont State Police, the thinking was they'll come get their haircut, they'll come to the restaurants, and then they'll leave.
 We never asked for it.
 Anything from us? Questions and comments about the proposed changes or anything in the allowable uses? Yes, sir.
 well, not after March, but without the implication of still considering the March timeline.
 So when you increase the square footage, I think there was concern, but we still maintain that no big box store.
 And I've been actively thinking about it as I drive up and down the route too every day.
 But the months you have to wait for a public vote is going to cost you and the decisions
 We don't define number of stories, we just say the building can not exceed 35 feet.
 next meeting I'm hopeful because on the 17th we will have some really nice businesses in town like in the Goodman Baker building, you have the Rainforest Alliance, you have HNC, you have
 and are certainly hoping for a lot of community participation in it. But isn't something that the planning commission was ready to go full barrel down the path of doing that?
 The last part the yes, the building step back that allows parking in front is 150 feet so
 Other questions on that? Yes, sir.
 If these zoning amendments aren't really considered at this point, would it impact current development opportunities? Delay current development opportunities?
 And there was some discussion of that.
 Fullerston was a town much like Richmond until water and sewer got pushed around the streets.
 Some of them maybe are things we don't like, but there are probably franchises that are owned by local people, and they're a great local business.
 I'm going to proceed to questions.
 So that leaves a lot of leeway for the review board, development review board, to ensure that whatever does go out there does fit with the character of our town.
 mentioned the gateway districts from the mobile station down to basically the last property there is the multifamily unit building that's
 Two stories.
 I think something like this you don't want it to be close.
 We can't, we're not right now, that will take another process and I think we're at the beginning of maybe starting that process.
 There's no we look at seven last eight years no
 in line with the town plan.
 curiosity at least 40% gross area of development must be
 Oh boy.
 200.
 I'm just going to say that the limits of a construction yard would not allow the parking in a building setback. I think certainly the intention was that the setback requirement would apply.
 At this point, these zoning changes are with the select board and they're gonna stay with the select board until the end.
 This is a 17,000 square foot two floor building.
 And we're kind of at a point now, we have an opportunity maybe to increase the water line out to route two.
 So that is something that would need to be included in the area.
 What are the appropriate forms for the two underlying issues? The one that probably has the most immediate impact is the sewers. The water, can it go out there or not? What determines that? What's the input? I think that's going to have the single biggest change on what this looks like.
 Thank you.
 still happen.
 I have not read them. I think this question remains that. So if you just fill it up, up to the road, it's not a structure.
 I think getting business in town is great.
 the directive from the town to take it to that nth level.
 traffic for residents in town or in Bolton, et cetera, are already going to be moving out towards the interstate anyway.
 It wouldn't have to be decided by March, maybe.
 I don't know that that's actually…
 Okay.
 was a study performed, I should say, on improving traffic flow and alternative transportation along Route 2 out to the parking lot.
 if in fact the Water and Sewer Commission moves forward on that, which I think there's a good chance that they will.
 Thank you.
 So there are additional standards that all projects that go for conditional use regardless of their district would have to meet.
 Thank you.
 Good night.
 where did those two things press the gas through? So the water sewer planning of the extension is still going on at the Water Sewer Commission, those
 So it's between.
 that there are
 There isn't some rush to really grow the town.
 I'm not sure if you're aware of this, but we have a lot of students who have been in
 Does this prohibit a single family residential owner selling their property to someone who also wants to build a single family residence on a single parcel? It does that.
 And that would be consistent with the town plan.
 Mark I guess it
 So one of these factors is changing now. We see the change in the economy.
 Can you tell us a sense for how big 17,000 square feet is? We will. Why don't we just walk through these and then we'll come up to those pictures over there with Clare, yeah.
 You know all these people who lived here for a while
 restrictions here talk about 40% of the area being used for building structures, pavement, etc.
 Three years ago, there was a proposed truck wash there. That can't happen.
 Yeah.
 So I agree with that mostly.
 So in that case, I think you could.
 And do we really?
 It did come up before, because I know we were concerned as well.
 And Kristi Witter.
 Ah, yes, sorry.
 You also have to, and I do, respect that politics is messy and that a lot of people spend a lot of time working on this already and it's never going to be perfect.
 proposal was to reduce levels of regulation.
 Yeah, the screening that would be included would be the normal screening.
 One of them was a laboratory for the state of Vermont, D.C., which would have been nice, but the zoning wasn't in place to allow it.
 I'm just thinking the conjecture there has to do with maybe some of those people would use the walls to mine. It's just an additional...
 to keep the cool side.
 of
 for everybody involved, the REAPS, other developers, for this to go up too soon and be defeated. Because if it's defeated, then doing the right thing becomes almost impossible in the time frame that we're talking about.
 So what we've done is some amendments to what currently exists and what was brought up is these amendments may not be the biggest concern we're hearing right now.
 to zoning.
 Please come to our meetings.
 And then the 40,000 square feet is this red box.
 Look at the town plan and be very thoughtful over the last six months about how they can make some changes to encourage some business that still fits with the character of our town.
 So that's some of the guiding information that is being used to guide the zoning.
 I mean, I think it's a good point if there's ambiguity about it. But if you go down to 3.4.4, that's where we're talking.
 The only question I have is the town meeting is when most people vote and you want to get as many people voting on something like this.
 No assembly is involved or allowed.
 I can't speak to private club.
 Motion to do so.
 And, okay, six months from now, it still doesn't work, and it's still there. Or materials that are coming off-site from somewhere else, being temporarily stored there.
 There's nothing in here that I would see that would be preventive.
 But I don't think that current circumstances allow that kind of window of time.
 their issues for them, they will face forks in the road.
 I don't know if that means that someone with a 2 foot high hedge can say, OK, you're done.
 the
 Mark do you want to speak to that?
 Can I ask a question?
 So you have to follow the setbacks.
 that are not easily and frankly addressed in any zoning regulation.
 And the parking lot would be between that and the red line.
 So we're trying to be, in some ways, more welcoming when someone is interested in doing a little economic development within our town.
 There are many franchises out there that are franchises that we would probably like because
 Can the select board make changes and just make minor changes and just go ahead and review it? We should lay out for everybody exactly where we are in that process.
 I'm going to stop the speech now.
 So there's been a lot of talk about that we're concerned about the work of the town and we want to develop it the way we want it to be.
 I stand corrected.
 One is the poor state of the economy, at least after 2007.
 So we're hoping tonight we can inform people more about what the changes are, what they might mean, and have a real fruitful discussion about where we go, because what's great about our town is people are concerned and they're so involved.
 This is a side note, we will be updating our town plan starting next year and we've received municipal planning grant funding to do so.
 would be closer to the road.
 If you look at the underwear factory, that's sloped. Even Harrington has a sloped roof in the front.
 I don't know if that's a limitation on them or whether you guys could maybe adjust that. Yeah, just on that point, not to get too far into it, but essentially what the Water and Tour Commission has looked at is a number of different scenarios.
 You could say it's a franchise. It's two businesses by the same owners, but it has a different name.
 It's too detailed.
 the VFW Hall, the...
 they would look at that, you know, when an application is before them.
 10,000 feet or less.
 did you want to?
 that it needs to be set back from Route 2.
 Duncan Jonas is three.
 We'll leave it for argument.
 pay those high water rates. But I feel really bad for everybody who does.
 So I guess I want to hear from Jeff, or if anyone can tell me if that's no longer the case, that those are kind of a parallel track.
 And that's largely because we have excess capacity in both sewage and water.
 Well, at the time when the agricultural laboratory was looking for new space and they were looking for 17,000 square foot footprint, two story building, they were saying that they would have 15 buildings.
 There's not as many buildings that would go that far back in the first place.
 And there are a lot of different committees that meet, and they're really looking for public comment.
 It's on your right.
 So the statement from our town plan includes basically this paragraph which references the gateway area, which kind of sets the vision for the gateway area.
 It's a good claim.
 the water. So we're not going to be able to do that. But can we balance that in a way where we get what we want and we're reasonable about it.
 Keep them going.
 because somebody takes an interest.
 We've got some great places, some great businesses.
 We've got a parcel.
 to our 80% maximum capacity.
 property
 comments and questions in this section? I just have a question about where that part about the doors and the windows came from and what that's all about. Yeah so you know for me and discussions with the Planning Commissioner, Mark, you can jump in, is
 Those are really the two options right now.
 Okay.
 So I'll read it out loud for you.
 It has to be publicly warned.
 Both cancer and transplants.
 Coming up here
 questions about the pictures we're talking about sizes just and just before you say your question you just state your name please structure two stories which which one it is
 we have the ability to regulate building a square footprint.
 And that would have made the deadline to make any change to approve the ordinance, December 15th.
 Mark, do you want to provide any insight from the conversations that you folks had on this topic about parking?
 This is where there were two changes.
 without adding a business. 40%.
 Because I would say the single family homes, I've said this before, I don't think there's any value for them to hook on right now if all it's ever going to be is a single family home.
 And then the 5,000 maximum is retained for retail and restaurant uses.
 So we want to have.
 This property here will be conserved.
 And I bet you if you canvassed everybody in here, you couldn't even describe what all the buildings look like there because there is a lot of landscaping, there's a lot of
 So, I'm going to go ahead and get started.
 The reason the select board is given the power to approve zoning changes is because, like with the legislature, we don't ask for state, we don't ask for state, we don't
 The exterior building, it was required wood or brick, and now it's the appearance of wood or brick.
 process for any developer probably starts before that.
 So there's a 50 foot requirement from the, there's a.
 There are lots that are farther out, that are more appealing to franchise restaurants,
 Yes, there could be some other good materials to build with beyond that brick, so they should be added, not have a whole piece removed. We can all visualize that other materials could be good.
 I'm wondering, is anybody here who's the liaison for the economic development committee? Is that you, Ellen? Yes.
 So the conditional use is a specific approval that has to be sought by the development review board.
 we make some changes now that allows for some property to be developed but then continue on the path of making additional changes that can be presented again to the town we'd be
 One goes hand in hand with the other.
 So there are no changes in the first section. We're looking at 3.4.1.
 Yeah, I'm still on the business yard.
 There could be significant improvements to bike travel along Route 2 that the town should be pushing, besides, above and beyond what we're talking about here with this development.
 So to some extent, I think there might be a lot more comfort if people knew that phase one is to basically find out what is required to develop this one piece of property that's actually an opportunity for us in many ways.
 I think the original, in my opinion, the original intent was to kind of preserve that character of an actual building and not a huge monstrosity.
 The urgency about putting a vote on the proposed zoning changes before the voters at the March town meeting is no longer there for a variety of reasons.
 And what if it's a zone, I mean a phase development over time? There are issues with actual enforcement
 We tend to pick on the reefs for better or worse, but this.
 And I think that's a good thing.
 I don't know if you can add.
 You basically have 120 days from November 17th to be able to make that decision.
 Maybe we have to...
 So it's just reference.
 Before we begin, if you haven't found these, they're over by the table. And you should have the proposed changes discussion, which is the actual language of what will be on the ballot if this goes forward.
 happens most of them right sure
 So the business yard would have to go for the DRV, it would have to meet the buildings at max.
 But it is important to note that it's only that green area.
 So the maximum building size, and right now the square footage maximum size was 10,000 square feet, and it's increased to 17,000 square feet.
 And for people who don't know, this is Claire Rock, the town planner.
 further dissecting our farmland out there.
 Okay, all right, fair enough.
 And if you look at the Richmond market if you look at some of the restaurants here I'm very proud of what we have here.
 How does that work? Chris, Chris will talk about this.
 in many ways a great opportunity for development in this area. But the zoning is something that in some ways goes too far, and in other ways it doesn't go far enough.
 Ask him.
 current flow of traffic now to Richmond.
 clip.
 So, the people that have been talking to us and were the first reasons that we came to the Planning Commission asking them to change.
 The agenda has mostly budget items on it and a couple of contracts.
 I mean, the last planning commission set itself up, or the last planning commission hearing kind of set itself up for a firing line because there wasn't enough information for people to actually digest that data.
 Okay, so an example of, so yes, I mentioned that this teal box is the size of a Home Depot.
 Within the definitions section of the zoning regulations it provides definitions for the uses.
 And from there, the applicant would have up to two years to then seek a specific zoning and building permit from the zoning administrator to actually physically do what they received the approval from the development review board to do.
 To me, a roof is a big thing.
 And if this is a first step to some of those other things, we've got a great start to that.
 So we could have the 17,000 squared plus one d pi.
 If we had 10 years before we had to decide, maybe it would be a great thing to fully revisit the town plan, structure all of that, and then only change zoning regulations on the revision of the town plan.
 The restaurant is currently at 5,000, a private club, and might be bigger.
 could store other construction equipment.
 some of the desires for water and sewer development if you
 So to me, none of us wanted us to have this place become every place you said.
 So there was some consideration, I believe, to ensure that there would be some commercial in that area.
 Thank you.
 So
 correct.
 we've had several scenarios about and it gets really into the wheat so it's
 I do understand that a lot of things that people are concerned about aren't necessarily the changes, but what's in the end of the line of zoning that isn't being changed.
 that also restricts it.
 We have a wonderful math academy, but other places don't have.
 They include addition of business yard, food processing establishment, garage and repair, private club,
 of other views.
 I
 Yeah, it's in the definitions.
 I would like to take a look at the recommendations that are prohibited. And if we do have another meeting, can we...
 I was originally written that way, I believe.
 The point that Gary raises an important point with that
 Will it decrease the property taxes for the people in the village? I've heard from the planning commission that the water line would not pay for itself and it wouldn't reduce the water bills for the residents.
 And we have this.
 They don't do that.
 This is a great question.
 And so I think that's a really important question. And I think that's a really important question.
 I have to go to the agency of transportation because this curb cut is on a state highway.
 Yes
 We'll take a step-by-step through the changes and invite questions and comments, but before we do that, Claire, if you would do your thing.
 There was a question about how large the building was. This rectangle here represents 17,000 square feet.
 I can give a little history on why we're doing this.
 I really think this needs to be a public vote.
 That permit if we did deny them purely because we don't want to McDonald's would be appealed and it would go to the courts and they would win. And we would get McDonald's anyway. This is how we got Cumberland farms. And this is the point I was making about what you said earlier.
 All other right of ways shall not have a footprint exceeding 17,000 square feet. And then the second change was the next one, which is the residential mixed use requirement.
 Alright, so you move this, yeah.
 I think with the statement on the prohibition of big box store, that is a
 And the attorney says what that means is that the select board could approve it automatically for a vote of the municipality by Australian ballot.
 And that's allowing for some increased flexibility and location of new buildings.
 mobile sits within the floodplain so they have restrictions on any new development they can do there.
 And whether we like it or not, I think the real estate industry sees Richmond as bedroom community.
 We still have the character of the town and we can still include the appearance of wooden brick, but that came up as there are some other materials out there that look nice, but they're not wood or brick, less maintenance and such.
 So I think it's double J.
 You have the ability to make some changes, hold another hearing,
 talking about two major landowners there.
 That's the one with the crossouts says Gateway Commercial District on them.
 Well, but...
 So who's going to be there with the deep pockets to buy up those lots and combine them?
 Yes.
 BFW.
 And in that conditional use criteria, screening is one of the conditional use criteria that an applicant would have to demonstrate appropriate screening.
 10,000 feet.
 You're the ones who have the oversight and responsibility, have the opportunity for oversight because you have the responsibility of going a little deeper.
 So I would like the Planning Commission and the Select Board to consider adding a requirement that it be a mansard roof or something.
 And the one that makes economic sense is to build water into or out to the mobile home
 And we thought that would keep the whole thing going.
 would be within that hundred and...
 And then my other question is, the last time the zoning was defeated, wasn't there a really long process with public hearings prior to the zoning? Am I wrong? Was that?
 So you have to have enough users when you get out there to more than pay for itself.
 Fifth year.
 The 50-foot buffer of landscaping, I think, with the intent of hiding parking goes a long way in eliminating that strip mall development that folks would be concerned about.
 So that moves buildings forward and you end up with a fairly narrow area to build.
 I don't feel really bad. I don't live in jail. I don't have to go to jail.
 It's this three.
 Just a couple quick comments.
 So just to clarify. And I want to, yes.
 I don't think this can only enhance it out there.
 But as far as the whole gateway is concerned, that doesn't preclude another owner from also building that type of...
 and for multiple reasons.
 But you know, we've...
 This is the way that things change.
 So if you're coming into Richmond, it's on your left.
 One of the conversations that the planning commission had and that is also relevant for this evening is that the zoning changes that are being put forth have to conform with the town plan.
 So you could clarify it in the gateway, but that ambiguity would still remain in all the other districts, and that would be a reliable use.
 It's depending on what you want to comment on.
 have a couple of decisions.
 All right.
 Not greatly over 10,000
 which may include structures, indoor and outdoor storage of materials, equipment or vehicles.
 All the neighbors have to receive notice of the application, there's a public hearing.
 that with parking requirements mostly on the side of the building anyway, that it was cumbersome and burdensome to have to add a door and windows to the front side of the building where, you know, in my opinion, windows look kind of the same as if you have a door in there.
 In the near term, I don't see another approach given our political process through the Planning Commission to come up with a new idea that's going to be refined and vetted and voted on in the next few months.
 And the location where that property is.
 Once you build a line and you have excess capacity, anyone along the line can ask to hook up for additional use.
 Yes.
 A lot of the things that we've heard that people are nervous about could already go in right now.
 So that would be.
 And there's a statement in there which remains a statement of prohibiting big box stores.
 I think the Planning Commission's perspective on that, and certainly the citizens as well, was that at 150 feet off of the road as it is, there's a bit of a setback.
 First is the 10,000 square foot building and the 17,000 square foot building.
 He is the
 So we decided to write a letter to the sub board rather than to speak about every one of these issues that you all brought up.
 That's the base on a building square footprint.
 For the gateway zoning this year, I went along the same path, and we were on a deadline to warn a meeting for considering questions as Australian ballot on January 14th.
 of businesses have expressed an interest in coming to the agenda? Have you guys gotten that far as to talking to see if you get any interest from businesses? So there was an evening where they had a tech night where they had some tech people come and that
 going to undergo huge changes. The changes I think the reefs are going to do, I have less concern.
 I'd also say that completely waiving the materials that would be used for the development is a bad mistake. I certainly agree with what Madam Warren said, whether it's the roof and just the materials alone will have a big effect on what could be put there.
 So if you're over 10,000, the pitched roof requirement is you do not have to have it. But 10,000 and under remains pitched roof.
 The only buffer would be the buffer required in the parking space.
 to the plan.
 things that prevent not drawing your eye to there.
 We don't vote on bills that our state legislature wants to approve because it's too technical.
 So when you're looking comparatively to here, yeah.
 I just want to add, is there a new parking ride going into Williston?
 And phase two is very quickly before.
 And I think that it can be done with windows or with doors or one or the other, not necessarily requiring it to be there.
 As I said at the beginning of the meeting, I believe that if we do extend water and sewer service out to the Gateway area, we probably definitely do want to revise the zoning because the current zoning, if left the way it is, opens the door to all the kinds of things that everybody's said that they don't want to have.
 All right.
 since, as you can tell, they're very much related.
 Any other questions on these uses? Yes sir.
 ongoing process.
 And that requires an applicant to submit a conditional use and site plan application to the development review board.
 true in which case even though it goes before the DRD, it's still not in compliance with all the other structured uses of the job.
 17.
 I'm going to jump over here to these pictures.
 And then also kind of a question and answer section.
 So, you know if you have more information you need to send our way all the contact information is online and also go through that
 So the idea was there's very few areas, and the Economic Development Committee doesn't necessarily want to increase the areas of development.
 So that's the.
 Yes
 But Matt would.
 It wasn't all us.
 And I think that's a good thing.
 development in the way that we wanted to.
 next post-general line have a skew for their development proposals or a skew to maintain this maximum
 It seems like as things are unfolding here tonight, that what we're seeing is an opportunity that we...
 So let's just mic the audience.
 your way to
 So are there any questions just about what area we're talking about? Okay. And then if we just move on to number three, these are the specific changes that are being recommended by the planning commission.
 You have some pictures here for us, and if you could just kind of talk about the process the planning commission took and tell us what you have.
 So the business yard does have a defined use.
 There's another layer of criteria and public hearings and review that goes along with any application that would come for review for a conditional use.
 Yeah.
 And I think that's a good point.
 And you said the red one is 40,000, but you didn't give us an example.
 So are you saying that they would expand size-wise? Yes.
 I mean, who's the person that's going to be the one to do it?
 All right.
 And I think that's a good thing.
 If you go through a process with the planning commission as well.
 The difference there, you know, sometimes you think of that as a restaurant, but the private club would not have the same restrictions on size as a restaurant would in these zoning proposals.
 You can store back coats.
 But to try and piecemeal that together into a specific zoning regulation we thought was beyond the bounds and the scope of what we were trying to do with this district in the short term.
 That's one comment, and I'd like to thank you guys for all the work and
 So that's how I'm looking at it.
 workable business model for them. Gary? Let's go to Gary.
 That restricts.
 And I think that's a really important thing.
 Okay.
 Our original plan was these were on a parallel track that if we were going to extend water and sewer, it made sense to be able to allow the potential users to take advantage of that through additional development, partially to offset the cost.
 I was trying to skip over it pretty quickly.
 There's no reason not to be concerned about it, just because it's already there.
 So there's additional conditional uses, business yards, food processing establishments, repair garage, private club and tavern have been added to the list within the district.
 Please, if I misrepresent something, please raise your hand and add in. Yes, so the footprint would be the size of the building on the ground.
 And then you really, you might see one of the other houses there.
 Are we allowed to make some of those? Yes, we are. So go ahead, and then I'll speak.
 And I think that's a good point.
 Going through the whole history of how we got to where we are today. The planning commission was given a charge by the select board several months ago in order to meet a schedule, which they did.
 I would like to see that.
 Let's go.
 So that would be uses that must appear before the Development Review Board for approval. And those were already listed for you.
 I think it was the building signs.
 to scale with the map.
 And then we're going to add in with the different expertise on the select board.
 It's just too important. And I don't think it's...
 So the United Fire would also have to meet the building setbacks.
 to
 a very spirited conversation about this.
 And can we do a better job? Now the Economic Development Committee just started up again two years ago.
 switching a current platform of residential use to a commercial use.
 Are we looking for more services for the people in town to have? So why does the town, why would the town want to get bigger and deal with the growing pains that that brings with it? I don't know if it's, so there's several issues, and I'll address them and I'll ask Jeff to also add in as well as far as the tax base is concerned.
 The select board has voted to make some specific changes, mostly about the floodplain, which I think was appropriate.
 that because they have a certain corporate look that they insist upon.
 And the demand what what developers want to build in Richmond is more housing.
 it really talks about the primary purpose of the amendments is to increase the potential for commercial development within the mixed use zone.
 And predominantly that land is within this area.
 And you know, so why couldn't that be?
 unless by action of the legislative body, the bylaws are warned for adoption by the municipality by Australian ballot at a special or regular meeting of the municipality.
 It's got to be something that's consistent because
 In the Gateway Commercial District, at least 40% of the gross floor area of new development must be in commercial use.
 But it wouldn't preclude you from selling your single family house to a new owner.
 You know that when the sewer goes out there, water and sewer, the hookup fees for those families is going to drive some of those families out of there.
 Okay.
 I don't think you're wrong.
 And then there's three small parcels that currently have single family homes on them that are very, in the very narrowest part there.
 And with that, what we do is we go step by step through them, discussing the changes, and requesting your comments and questions.
 So in trying to make sure we don't get certain things, sometimes we may hinder development.
 you are. Other questions? Yes.
 Can I just ask a question?
 So you can almost see somebody stacking two or three buildings immediately adjacent to each other on a small sidewalk in between them on some of those sites over there.
 be beautiful farmland there.
 And we have examples currently there with parking.
 I would like to invite the REAPS to comment on this too, is that the REAPS made a decision about whether water and sewer is being extended out there.
 questions and comments on that section.
 Meeting all the other requirements in our zoning regulations. We have that level of
 I see this as a very positive discussion for the town.
 So a reminder that height limit is partly based on fire protection and the absence of a ladder truck in the town of Richmond.
 So I don't know.
 the planning Commission help many meetings, neighborhood meetings, and went in person to different landowners.
 And there's been this kind of falls in line with the commercial development for this area and the town plan.
 I have a concern there because there is nothing when you talk about setbacks and screening and like that, but there's nothing for the business yard.
 I thought we were both good assets to the town, and we thought we were reasonable assets to the town, considering the possibilities.
 in front.
 So Mark, we can go to you if you want to talk about it.
 And then the next change is down to F number two. The roof pitch requirement may be waived for buildings with footprints that exceed 10,000 square feet.
 And without throwing the baby out with backwater and just saying that we're going back to the square one and we're not going to do anything until we get the town plan done, I think that's a bad idea.
 Is there a clear definition of what a business shard is versus?
 your right would be the only buffer for that business here.
 Okay.
 from a cat plant in a parking lot to a cat plant parking lot and a bunch of other stuff you're going to want.
 So that's kind of where we're at with that extension. Do you have any other questions?
 being approached by certain things that might fit.
 I mean, there's other options.
 wouldn't necessarily be compelled to take a vehicle if they could like to their job.
 I think that's a critical change that should be, or that this change should not be adopted.
 So that would be a form of checks and balances for any major development on the gateway that
 So some of the people on the Economic Development Committee have businesses in town.
 I would really like everyone to know that we didn't ask for all of these changes.
 That's why we're having this meeting.
 It wasn't a hard scientific number.
 what we want to do here. I would suggest bringing this to Monday's meeting.
 I think it comes through in the parking lot requirements that are in the parking section of the zoning regulations, which in that section it does state that all parking areas do need to meet the district setbacks.
 It's just within the gateway there's some expansion.
 But I think flexibility and being able to respond to the developer community and to be a good partner so that we end up with development and businesses in the gateway that people are proud to drive by as they come in and out of town.
 Those are zoning changes that are fundamental to the core of the town that maybe could be addressed in a rework and revisit of the town plan, which we will be doing.
 So the parking setback that allows
 else group and say the stuff that we're reading.
 And if you look at it, especially with that 200 foot line there, there's what, 26 acres overall when you take up.
 So generally speaking that equates to two.
 in the window, not on the sub-surface. Thank you.
 Or the other two options are to drop it altogether and bring it up after March.
 So I do invite any select board members who want to chime in on those, and then we'll go to the public.
 I think that's a big concern for all of us and that remains in the zoning, that that's not allowed.
 stories.
 is really looking at the burden of water costs on people in town and how can we look towards our future, how can we increase the water line in an area where we know we have an opportunity for some economic growth in a very thoughtful way. I want to be clear that it says in the zoning that any development needs to fit within the character of our town so
 The map here is the Gateway District.
 And so there's also, so it's one of those things where franchises I think can take on many different faces.
 So that's where I was at with that.
 You have a question?
 And we've talked to the reefs and they have to have a plan for private well accepting or for public water and sewer.
 Just even given where it's at, it might not really be prone to big residential communities because of 2 and then 89 really cutting it in that little triangle.
 So I think it's great to hear some nice cabinet shop wants to go in and some uses that we would all love to see there. But really what's going to happen is that the deep pockets at McDonald's are going to buy up those lots on the end.
 Comments, questions should all go through Jeff.
 This is a 4,500 square foot building and it's a picture of the village market as the example.
 In order to do so, though, we also need users to come on to that line.
 for the 17,000 square foot building if want someone should build something like that I believe it's 200
 I just have a question. If you were to make a minor change, would it be considered minor to add? To clarify that?
 but then in light of the fact that with water and sewer going forward, we could see an intense pressure and opportunity for additional development in the gateway that would require a lot more definition of regulations.
 Just a quick question.
 Bye.
 don't want it to be contentious.
 Are we okay with these amendments and are we now identifying some other things that you'd like to bring back to the zoning planning, sorry, commission and that we need to start a new process to look at some other things before some of these other things can happen?
 And so that's the kind of thing that we're trying to do.
 I appreciate what the Reeps are doing. But roof, and I'm a little concerned about taking the wood or brick.
 So we did try to maintain a lot of the zoning that was there now and make moderate changes that we hoped wouldn't be too controversial and still held to a lot of the vision of what the town plan is and what the current zoning regulations are.
 those increases wouldn't necessarily be impacted by construction or commercial development off of Route 2.
 It doesn't have to be on the town meeting date ballot.
 and then we'll just clean it in a second.
 still happen.
 If you do put this up for vote, write out all those things, those assumptions and those justifications, so that we know what the subset actually is describing.
 At the time, there was a discussion about having the state use the property for their equipment.
 what I'm hearing here, the reasons for this are a lot narrower than what this is allowing.
 Can I ask a question? Related to the pictures? Okay.
 All those in favor say aye.
 where the emergency came from. And I don't think this is the exact form, but this is how they found out about the sewer going up there.
 Thank you. Yes.
 So that would be something that DRB would look at.
 We didn't really come up with a practical alternative.
 And that gives time for the process that Gary described to take place.
 could expand that water sewer system and add units now.
 I think there's probably a number of people that want to offer some ideas.
 going to move us along just because when the lights go out we don't have a lot of time before there are literally no lights left and we can't exit safely.
 It did come pretty much from the...
 So maybe we could redo some of the sidewalks and really have some additional funding to make our town look the way we want in the character that we wanted.
 We have people literally stop our employees in the airport and say, oh, the Reeps are going to turn it into Williston. This isn't about us. We didn't ask for a lot of these things. And actually, we don't want some of these things to happen.
 It's leverage. It's basically leverage for the town to get a commercial component to any specific development that goes in there.
 to the parking right essentially.
 And it's not clear to me that there is.
 I think the scale of that is pretty different though.
 If they don't have the ability to have more development on their lot, the public water and sewer becomes less attractive to them.
 There's a provision in the bylaw that says like say if your house burns down you have the right to rebuild it on the same foot.
 does the planning commission, the DRB, whatever, really have the control? They can't really pick and choose, can they? If McDonald's, franchises, or whatever, hear that in Richmond, yes, the water and sewer line is going to be extended, can they just go in and start making very attractive offers to landowners and go ahead and buy property before the line is even laid yet?
 Assuming that at some point those did get joined together at some point.
 We've got the floodplain zone, you can't build there.
 So that's just my perspective.
 There's renewed interest in the REAPS purchase of the Willis Farm property and they're bringing this issue to the Water and Sewer Commission this afternoon.
 But I just, I want to clarify, there's currently only two locations that could likely have a building of that size.
 So I'm not saying it's not of good use. I'm saying there's nothing in here that I see that requires any kind of setback or screening.
 And one of the things that came up, there was two properties or two development options that had come up in discussion about the gate.
 When you bring something complex like this to the public, it's going to be boiled down to a lot of misinformation.
 was there any consideration given to eliminating the conditional uses of restaurant and retail business? It sounds like those are two uses that would be promoting the Panera that Claire has as an example as a 5,000 square foot restaurant.
 single principal structure must have an entrance or windows facing route 2.
 And another way to look at it is we can do this now and then improve it over the next two years too.
 I don't know if the Planning Commission could talk to us about the limitations on square footage to prevent certain things that we don't want there.
 suburban strip development and big box stores will be prohibited.
 And just because it's a yard doesn't necessarily, just because it looks like a yard doesn't necessarily exclude it from these other setback requirements.
 Next meeting is on the 15th, which is on Monday at 7 p.m. here.
 And then 13,000 square feet is this smaller box.
 but also would bring some economic development in a zone that's zoned, the gateway zone.
 So that's it all on the table for me, you know, and that I think we're headed in the right direction, but our
 So the amendments now are what we're talking about, but we're hearing, and which is great because we're going to be doing our town planning.
 I think the big deciding factor is whether the water goes out or not.
 I mean, I'm not sure.
 No longer.
 Yeah, okay.
 I'd put a caterpillar building down there. And I think that would be wrong.
 We just don't have it.
 So if you're a developer, you're not going to sit on a piece of land for three years while the town sorts it out.
 And then the tavern. Tavern was added and I skipped one, private club.
 But also, there can be a collection over time of broken down equipment that worked the other day and didn't work today.
 In that case, the only matter of business is to close the public hearing.
 So if you do a separate vote, you may not get a full town in, and then you have to probably wait another year before you present a total rezoning with some more significant changes.
 So I think the answer to your question is yes.
 As far as the creamery site's concerned, there were some conversations with the developer and some interest.
 When you talk about a big hotel and things of that nature can they really fit the 17,000? But certainly some of our hopes with those are very real concerns Gary has and they do
 It's closer to the road.
 and what was the intention, and besides the intention, what are the allows? So this came from somewhere, and I think we ought to allow what we want to allow if we want it, but this is not clear at this point.
 And I think that we're doing that right now.
 But there are setback requirements, and if you have a building closer to the road, you still have to have a pitched roof.
 Good.
 Other questions?
 And there's also some misinformation out there as well.
 The town plan language was written back in 2007 and the town plan was re-adopted in 2012.
 current zoning and the lack of connection to the town water and sewage meant that anything that went in there had to have a septic system and that was a limited size.
 And you get three stories and 35, three times.
 But Gary's point really kind of raised a lot of red flags for me.
 So you couldn't take a three acre lot, split it into three separate one acre lots and build two additional homes.
 I think they're a franchise.
 So that's number one. Hang a sec.
 These are school board appointments, right?
 If not, then I will entertain motion to approve the consent agenda.
 Part of it is the.
 Next item will be, thank you for your time.
 And then we just opened up the standard trust agreement, the trust accounts with the bank under the resolution here.
 And more importantly, I believe it's helping to protect the kids involved in our programs.
 So we have a motion and a second.
 I cannot find anything.
 case, since you had been nice enough to mediate at least a little bit the last time.
 They're not at the entrance signs on 19.
 So it's just a different coverage.
 What we found when we did this was, first of all, nobody would provide us what we had at the price we had it, period.
 Council did approve two lots with a 40 foot building lots.
 Okay.
 Think about it.
 So if we can go first, because I know that we discussed the dollar thing first to show you what we found when we went out into the market.
 So we have a motion and a second. Do we have any further discussion? We just still don't really address the concern that Mr. Silvestri had with the proper staggering of the terms that were put.
 You tell me.
 second.
 So I think that would be a good move for us.
 Practically, like I said, on my way here, I finally got a number, which kind of floored me, to be honest with you. I didn't think it was going to be a problem.
 So it's already in its own, like a slab underneath.
 further discussion. I just like a clarification.
 I'm 85.
 Unless it involved the city of Pittsburgh and Peters Township, I don't ever see that happening.
 the north designation here, where this sign is located at.
 I think you should do that.
 I'm going to go ahead and move the motion.
 I think that Ms. Noble, who has agreed to come on board as a regular member, should be appointed for the position that expires in 2017.
 I didn't know if you'd be prepared to talk about that then.
 And what's Thursday specifically? Just findings.
 Hi.
 council facility.
 This is, as Mr. May said, this was approved by the Park and Recreation Board.
 payroll bills.
 And if you really feel it's an opinion thing and it wasn't a medical fact, then you can go ahead and refuse it.
 This would necessitate getting additional property outside of the right of way to do this.
 The board also discussed and approved a new flag poll policy for the Parks and Recreation Department.
 I had varying levels of just standing on the sideline being a parent.
 I mean, I... Since you've taken up time, I just wanted another question as far as the discussion.
 I've not been able to find anything that actually deeds it.
 Chairman, I've addressed a letter to you back in April, beginning of May.
 Because the other side of the coin is, if council, if you give it some serious thought and we get Mark's input, what would be the risk compared to the $35,000 a year you're going to spend on insurance? Is it really worth it? How many of these projects does he do a year? How often does he do it? How much are we really exposing ourselves to this BIPD risk? So I think that needs to be discussed further, because I think that maybe it's not as big of a risk, or maybe it's a bigger
 Mr. Ball, I think the second word, township, should be county in the end of the sentence.
 Okay
 And then the last one, which has been here for a while, has been...
 to
 Bye.
 Any other questions for us? Anybody have any questions? Anybody want to make a motion? Well, this is being done without the expenditure of township funds. Is that clear? Correct. I don't know that it would have been to everybody that was listening.
 I really don't have a problem with what they do with the resisting church sign.
 Thank you.
 After I did that, I ended up with a few concerns.
 All the lots are half acre plus.
 we can open the valves and get that water pressure down.
 I absolutely agree.
 Well, I think the more people involved the better, let's put it that way.
 That's true.
 Furthermore, in terms of the question as to Arcalino and raising an objection or putting a sign, there is absolutely no way that they have any claim to this.
 The next section, since we did correspondence, would be reports.
 Sorry.
 gives us 14, 15, 16, 17, 18.
 And again, if you've been up there, it's quite impressive to see the number of kids and families that are there in the evening.
 So we have to wait to hear from them before we can approve their appointment.
 exactly what you're looking at here.
 Just to...
 Like I said, we do have some coverage for Mark.
 Up until the time that that sign was placed, there had been signs for the schoolhouse and Arcolino had simply put the sign on themselves.
 What are they doing with all the attorneys?
 Wow.
 there because in the springtime if you come up the trail you see the softball kids in the spring the summer you
 And then they would, they had a little, a little, a little, a little, a little, a little
 And the fact that we've had so many truly qualified people makes the choice very hard.
 I'm sorry.
 we'd like to get permission to start the process so we can be in a position to include that in the paving program.
 It's not real good for me.
 I'm
 They're using it, but it's...
 First is Mr. Zafiro once off. Correct.
 This is the time for any member of the audience who so desires can get up here and discuss a non-agenda item for at least, for no more than five minutes.
 motion and a second. Is there any further discussion? Seeing none, all in favor of the motion say aye. Aye.
 The other point I wanted to bring up was deductibles.
 Coverage triggers what determines what policy responds to what claim.
 correct.
 I'm gonna
 I'm sorry.
 The one thing I would like to say about it is in my business, the act goes on forever.
 And this was a survey that was prepared for the property that was in January 27th of 1964.
 design shows an existing deck and is that connecting the two buildings or are you can
 Okay, so that's completely off the table.
 been on the auto side.
 I'm just an ordinary guy trying to do some political organizing.
 Does anybody have anything for the next agenda?
 January 30 sessions.
 Okay.
 And I think that's really the big issue with Valley View right now is the garbage trucks
 The last item I would raise is the, seeing if there's a possibility of getting a meeting with PennDOT next week, either on the 4th, 5th, or 7th.
 Thank you.
 And there were some adjustments that were suggested by our maintenance supervisor and the project was approved.
 live on Fireside Drive and I just wanted to make a correction to that statement.
 that it was the program cost that made it cost prohibitive.
 them in order and move that we pay them.
 When I inquired about that from Mr. Silvestri, he indicated to me that our policy does not provide for us to say, we're not paying a nickel and you have to defend it.
 I was on the most complicated appointment yet. I know.
 on May the 3rd, I addressed to them a letter saying, let's resolve this matter. We
 But a check with Rhodes for the council shows no, that they don't have a claim to it of any sort either.
 Not that you don't do important things, but he's not doing a lot of design, and that's usually what costs all the money.
 So I think there's a lot of confusion going on because there's...
 So we have a motion and a second. Is there any further discussion? Hearing none, all in favor of the motion say aye.
 We have a motion and a second. Any further discussion? All in favor of the motion say aye. Aye.
 So that pass is 6-0.
 the coverage that we had, we really didn't have a, I guess it's a hammer clause or whatever,
 how many applications for the park and rec board do we have besides Mr. Bell?
 would be as the resolution you announced for number two.
 I think that there's definitely signage they could use, but the idea of putting a lot of signs out in public areas is kind of not.
 He also owned three or four properties on the other side of the road, on the other side of 19.
 I don't see anything else that the Brown Council can do.
 There's two stormwater management facilities that will be dedicated to Peters Township.
 In previous years, you had the entire $8 million for the dam exposure.
 Well, 24, yeah.
 and
 So that was the first thing we learned immediately was what we had was gone and we weren't going to find that again.
 We need to determine what the status of Mr. Farron and Mr. Dixon is before anybody can be appointed.
 could team up and get something more effective.
 motion.
 which full time.
 I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
 and that was intended to be for a period of approximately six months.
 Mr. Harbison doesn't use that for his own signage, does he? I don't remember ever seeing anything.
 I think there was more than a month.
 What council did by setting six months time period to allow the sign, it was either for some conclusion by some group, either themselves or the court to determine who owned the property or for some agreement to occur.
 so I would like to interview the other person.
 Yeah. And this was who again? This was Sloan Agency through the Brit Insurance Group. Their premium
 We can wait.
 Wait a minute, what about the...
 In the spring, you see the lacrosse, then you go past the other field by the
 a 9 a.m. to 11 a.m., a 12 to 2, a 3 to 5, and a 7 to 9 session.
 we just accept his resignation with regrets? The question was about the reason this all came up and we didn't reappoint last meeting was about the attendance.
 Hey, Pat.
 At 4 o'clock in the afternoon.
 Bye.
 If you've got any other bids, and I'm not suggesting I'm going to tell you how to spend your money either, but I just think that you're maybe taking an easy way out here and you ought to be looking at something else.
 And that's something Mike's working on right now. He's signing people up for driver training courses.
 surprised when they did.
 you
 will be acted with one motion.
 See that that just
 There was one change, I think, or one correction.
 We have
 We would look at it from the standpoint of the amount of the speeds and the amount of traffic.
 I would point out, as Maury has, that our current carrier is not renewing our coverage.
 In the old program, it covered Mark for, I
 It's 10 foot by 25.
 No one but Travelers is offering that at this point, and the Travelers program is quite a bit more expensive.
 I feel better.
 Why don't we just table it and then, you know, maybe they can come in and provide a little bit more. Maybe they can narrow these locations down to something that's a little bit more palatable to the board, council.
 And he does very little, if any, design. And there's always someone else involved, too. There's going to be a subcontractor and a contractor.
 Did you file a statement of claim? No. Okay. Are you going to?
 actually come in.
 record owner is a person by the name of Robert Roach.
 Last year I kind of took you on a bicycle trip and I'd like to try to mention that again.
 I'm not sure what you're asking, what the...
 Yeah, roast the wood thing.
 across the columns, the one that is not included is beside the skate park.
 So we'll try to make this short and sweet.
 There's a number of people in the audience that are here to deal with it. I think it accommodates.
 We did address that, and because of the square footage, it is not required, no.
 That policy will still cover Mark.
 What it's called is an error or omission.
 Okay, so I studied this every way I could.
 Mr. Farrand would stay as a regular member with a term that expired 2014.
 I'm very nervous, my knees are shaking.
 I'm
 Anyway, I'll be there, Michael, whatever you tell me.
 We have two dates now that are available.
 Okay, good.
 But now with the new section of the park being opened up, I ask all of you to maybe as a group or even individuals, ride a bike, take a walk up through
 6-0.
 I think that's a good point.
 It'll be snowing.
 Good, now come down.
 We have this same discussion every year.
 At this point it appears we're claiming it by adverse possession.
 I mean, you know, there's another street that accesses that restaurant right up the block.
 What I've found, I've been on a lot of different boards with the school district and also with WPL.
 I think we're going to have to do a lot of work to get this done.
 the board. Most of the people on the board have some association with sports associations.
 6-0, Mr. Silverstein.
 If you make a turn right above the rec center, you look down at the baseball fields and you see those fields being used.
 And Mr. Lewis, I don't know if you have either, but I've never seen a policy that would allow you to pay or to say don't pay.
 They have had an additional seven or eight months in order to speak or enter in negotiations, and nothing has been done.
 be that high.
 That seems like a lot for a little sign. Again, I agree. But the prior sign, which was more extensive. I understand that. And that was taken down.
 but this is hard.
 Let's go ahead and announce.
 If you go to the, um, premium page again, you'll see that the lowest proposal was from the Campbell Agency with Great American Insurance Company and CNA.
 The body of your recommendation, you say something about the auto being with a different carrier.
 could better serve the children in other ways.
 What's the exposure that we worry about most with Mark? From a bodily injury and property damage standpoint, we sort of came to the conclusion it would probably be if there was a storm drain that was designed improperly, and if you want to add something to this,
 The space in this plan provides a buffer between existing neighborhoods and their new neighborhood.
 And I think that's a good point.
 I'm going to leave it at that.
 And then we'll have a slot to fill and let's fill it with Ms. Noble and then go from there.
 especially in regards to shopping and personal family needs.
 We did contact Ms. Noble. She's currently an alternate and is willing to be a full member.
 I'm surprised the garbage truck can't handle the hammerhead though. It's not big enough. It's only a 40 foot right of way. So, you know, if we go to plan B and we're not trying not to affect those property owners, we're still confined to that 40 feet. It's not a 50 foot right of way.
 I'm not sure.
 So when the property was transferred, that just was omitted from any conversation? Is that what happened? That the new owners of the restaurant didn't realize that the
 But I think it's something that, I mean.
 I think you guys are the best. Thank you.
 And again, we addressed that issue.
 they both came in that year.
 until we figure out, I guess, somebody's up though in January, right?
 I hope it snows and we can't see it.
 And counsel was vehemently opposed to paying a nickel.
 were the best price the last time we looked at this to have this done.
 We have a list of people that we know are interested in filling in on those roles.
 Okay, do we need a motion?
 Mr. Axe.
 Pose, say yes.
 can't forego the coverage for the price.
 We've always been lucky enough to get it covered.
 Some of which have been completed, some of which have not been completed.
 like in the beginning of the meeting. But anyway, we'll try to make it simple tonight.
 have a church for multiple signs for their multi-week fish fry.
 Amen.
 I don't know.
 most of the county voting in this district is Allegheny County.
 Thank you.
 And I think that's a good thing.
 discussion. Hearing none, all in favor of the motion say aye.
 splitting this parcel 300 into two pieces.
 to get all the way from there to carry pads and equipment down there to store when we can just keep them right there.
 Okay, so. The sprinkler. Oh, the sprinkler system. That's right.
 Is any of it usable?
 And that was part of what you did, correct?
 I know it's called the
 was part of the problem.
 Bye.
 Look at that.
 And so, again, the defense is going to be able to make a decision on whether or not to take the case.
 my premiums. Yeah, let me see. I just wanted to say that that coverage was available. Oh yeah, let me see. I'm sorry. Yeah, that's
 There are some drawings in your docket.
 The next appointments we need to address are the zoning hearing board.
 We hope to see you there. I think we put some things on your desk.
 I think that's a good point.
 But every time I go past there on a bicycle or if I'm walking, I have a feeling of pride that I have a small part as being a member of the rec board.
 Sure, if you want to do it, Monica, Mr. Burkett.
 Is there any further discussion? All in favor of the motion, then say aye.
 But when you look at the policy conditions, all through the policy conditions, it talks about your obligations as an insured versus an insurer.
 only her, but Becky and the rest of the staff.
 All right.
 we have a couple of candidates.
 cheap. But it was the only quote that I was able to get to.
 But at this point, I have received absolutely no response to negotiations, not so much as a phone call at all from Mr. Kamin.
 Mr. Haynes. Yes.
 So there were two people that were opposed.
 So, you know, when you look at that, the insurance company is eventually going to catch up with that and say, whoa, you know.
 I think that's a good point.
 actually have to convey that property under belief that it is yours.
 at 180.
 And because of what happened in Ivan.
 I feel that Peter's Township no longer goes north for all of its shopping.
 to be better for me. But that may not be enough.
 We never did get it all straightened out. We only went from three to five members.
 the garbage truck going up and down backwards or?
 as well as other recreation association projects. But the key is that once the building is constructed, it's owned by the township, and then we would be responsible for it.
 I'm supposed to be an internal review, but we can make a call.
 You need the address or?
 I think I have to stay at the permit or I'll get my story to stay at the DMV on planet
 And these are all the responses we got.
 500-year flood.
 This is a re-approval of this plan.
 I was pregnant.
 second? Reluctantly, yes.
 If I can come, I'll be there.
 Once we find a replacement, then he would resign.
 of the things we're required to include in our financial reports as well as just for purposes of budgeting is the actuarial value of our post-retirement benefits.
 I'm just going to read off my paper, if you don't mind.
 that they didn't want to have.
 That's on everybody.
 Aye.
 Is that who we have, Farron and Dixon?
 And that's their privilege to do that.
 Okay, well, I guess the ball's in your court, then.
 They took the position that for what was involved, they didn't want to get in, enter into such a gamut.
 The property next to it has been owned for a period of at least 60 years by Mr. Harbison and his predecessor, Mr. Niedermeyer.
 I mean, the equity is... I really think... I mean, council tried to facilitate a resolution some time ago by saying, fine, put the sign up for six months.
 Where does he want them to be? Did he tell them that they're jealous? Yeah. It's in his letter. Or in the attachment, I guess.
 Yes.
 I move for the mover to withdraw the previous motions and start over. I withdraw my motions and defer to the chairman to make a motion.
 Okay. And I'm here to talk about, you know, the redistricting and why it should be important for Peters Township.
 I mean, you can carry a $1,000 deductible right now.
 It was apparently by a parent.
 Okay, because he could, maybe he wouldn't. We have to nail that down because we can't have him exposed.
 The Planning Commission did review this at their January 10 meeting and recommended council approve it subject to five conditions, all of which have been addressed.
 Currently we are tapped out of storage.
 We believe and we're in the position that they have zero rights, title, interest at all in the property, in the area in where our sign is located.
 We believe in furthermore in regards to the discussion of adverse possession, this is not the proper forum to determine whether or not they may or may not own this by adverse possession.
 And I'm not going to go into that.
 Okay.
 I'm not sure.
 Say nay.
 Thanks very much for giving me the opportunity to say that.
 I'm sorry, this is a problem. I just wanted to ask, when you were reading my form in the liability about the professional coverage for engineers and surveyors, does it not
 What's the one?
 Thank you.
 and it's not because the fact that that is a major intersection and that the township probably at some point used it for the construction either of 19 or old 19 as it were.
 I think properly so because it was a dispute that we assumed was going to be resolved between the property owners, which apparently hasn't occurred at this point.
 I'm not.
 $40,000.
 It's the road you're covered and you can't.
 it makes it a difficult risk.
 In December, again, they continued to work on the fitness trail and also the football association made a proposal to build an additional storage up at Hofbauer Field and the Parks and Recreation Board approved that building as presented.
 I spoke with Mr. Belzik, the Secretary, and they seemed to be, I think, somewhat confused as to, you know, what their role was and the
 None in the past.
 I'd like to have a roll call, Mr. Silvestri.
 to the Zoning Hearing Board and no longer be an alternate.
 But we do need to get an appraisal or an actuarial study done about every two years.
 I think that given those discussions and the fact that this issue was raised, that it'd probably be a good idea to like at least interview a couple of candidates.
 Okay.
 drawing by J.R. Gale, an associate revised
 So it's
 there were several issues.
 So I think you should give that consideration because there's other savings to be had by taking that higher deductible.
 This year was different because your current carrier declined to renew your insurance coverage.
 It works.
 Let me win.
 Mr. Dixon, I would suggest become an alternate based on his attendance, and his term would expire 2014.
 And don't be nervous.
 Well, it's a...
 Now you're going to have a deductible.
 Pardon me? Yes.
 I have no problem doing that.
 We did address that with the building inspector when I met with him.
 Okay, so we do have partial coverage for them right now.
 At this point, we have simply come to council to advise that we are not going to allow the sign to remain there at this point without some sort of compensation for the sign or a direct order from council telling us that we have to.
 You know, I mean, there's got to be some give and take here.
 And this is the first time St. David's actually came in and asked.
 I just wanted to make it clear that there's a little note in here that Ms. Schafala is in service to why she was not appointed.
 I will make, I'll amend the motion to make that corruption.
 Last year we did it on the third.
 We need to clear.
 I do know about professional liability and engineers.
 day passes
 this an opportunity if you ever go through that area you see all age groups doing all types of healthy activities.
 This is simply a situation where they apparently feel that they can take the space and use the space.
 It came in at $10,475, okay, and has a $25,000 deductible, which if you look at that, you have to hit $35,000 period before it even pays for itself.
 That was taken down, that was 300. And we were of the assumption, to be honest, that if something was worked out, maybe a more permanent sign was going to go up.
 person's property.
 and then the field next to the rec center you also see that field being used by softball, baseball.
 Could I ask a clarifying question? Sure.
 Because believe me, there are a lot of people feel this way because the claims sometimes are ridiculous.
 I've actually had like just seeing the property owners in the past and I've already mentioned
 I'd like to thank council for the opportunity to present our quarterly report for October, November, and December.
 And I was the one who made that motion because I wanted to try to see if we could have some variety as far as diversity and representation right now.
 With so much growth in Peters Township and Canonsburg, I think the two are more blended,
 Mr. Zephro has asked if someone replaces him, he would like to resign because his work schedule has made it difficult for this upcoming year to attend meetings.
 I just don't think they're going to be able to make that.
 If the Council finds it acceptable, we would enter into our standard facility improvement agreement.
 You should
 That would be the first order of business.
 I thought the money could be better.
 Mike and I have talked about the most
 We'll be able to spend
 Let them have the same restraints.
 There's another part to that that I failed to put on there.
 Yes. It is with Great American. It's with CNA's, the auto.
 better life.
 I know what you're talking about.
 And one of the issues we did have to deal with that I think came to you also was the use of spikes on field five.
 And the reason that happened was when council expanded the size of the board, they gave the district two additional recommendations.
 I suggest we just leave those the way they are for the time being.
 And I thought it's a courtesy that I should advise that this is where it was proceeding.
 And I think that's a good point.
 Arrangement.
 I think it's something we should pursue a little further just to see, like I said, maybe the association has something because you know how association programs have special rates for their members and
 The next one is a special permit request by Saint Benedict the Apostle.
 Bye.
 We can't do that.
 This year, what happened, though, was there's only one program that's offering us the catastrophic coverage on the dam.
 We approve the plan.
 What we did, I was hired and retained by Peters Township to manage the insurance renewal proposal for Peters Township.
 Well, just to authorize us to do the study.
 Mr. Hare, Mrs. Merrill.
 Okay.
 be authorized to enter into an agreement with Machenhoff Associates, who did the last two.
 I think at least in my mind, I think it's nice to have a list of people in our back pocket in case somebody does need to step down.
 The ones we've had have been lightning strikes at the radio tower and I believe we've had a couple snow and ice things.
 the open space, has there been a discussion about what that's going to be? Or is that basically the scrub area with really no useful purpose? I guess right now, currently, the only open space is back in here along phase one.
 And it caused somebody's home to be completely flooded. That would be a property damage claim. OK? Assuming he designed it. Right. Yes.
 This piece here, parcel 300A, will be purchased by PT Land Company from the Anthony Estate, and it will be consumed by Phase II Lots and Public Improvements.
 And the president of the Football Association indicated at our meeting that he is currently storing a good deal of equipment and supplies in his office at home.
 We like to propose that it's the minimum amount that we can get at garbage trucks.
 I'm trying.
 That doesn't sound logical at all.
 Essentially, we're the odd man out.
 Can you answer that? Actually, yeah, I'm from football, and I have no idea what the original cost is.
 We've been email blasting and the next one's all day at the library.
 Okay, but we don't know who may be interested in that
 But I also want to compliment you because many of you have been here for many, many years. And with your foresight and Mr. Silvestri's leadership, you've provided outstanding facilities and programs for the community members.
 I think it covered his... Well, I think... Let me see all my coverage comparisons because I think it said it was covered, but it's your premium that made it cost...
 And I was going to have Mark.
 The motion then, 6-0.
 It's always better to be safe than sorry.
 And again, this is the exact same survey that was included in the 1964 survey. It's exactly the same.
 Congratulations.
 And we did get a couple of standalone quotes, but we were able to negotiate apples to apples quotes, and the Great American Program now contains everything we need.
 Thank you.
 So but I think that also had to do with people telling me it was covered, and it wasn't until I read the coverage forms I realized that gap was there.
 It seemed to me that the economics of the issue ought to be able to be
 the harvest and use and maintain the property, what do they use it for? Well, they have used it on occasion for storage vehicles, but they are the ones that have been required to keep the cuts. Okay. It seems pretty steep. That's why I was asking. I
 In fact, we sent a letter to the council indicating our support and what a great job she does.
 Council tabled action on Mr. Chavelle's appointment and asked us to advertise and
 I don't mean to interrupt.
 Yes.
 and you're obligated to do what they say.
 And I'll put.
 I don't have it with me right now, but it's something we worked up with Mr. Johnson. We used when we did the original building there.
 Hi, my name is Eric Rillard and I live on Buffalo Ridge Road.
 And I think that's a good thing.
 As long as Mr. Atkinson's here, I'm happy because I know... It's more of a meeting to brief you on what's happening with the project, the likelihood of it occurring, as well as to update you on this whole situation with the variance request. That'll be it.
 For example, this Christmas, not once did I go to South Hills Village to buy gifts.
 Okay.
 Well, if you want to say 1300 feet.
 That is not included within this deed itself.
 That is 185. But the one that was just standing out is different. Oh, yeah, that's another revision.
 If it was going to have a failure, that's probably when it was going to happen.
 Yes, I'm aware of an objection, but we voted as an organization 14 to 2 to pass this.
 I think we've totaled one or two vehicles already.
 Okay.
 And then Stacey Noble would become a regular member with a term that ended 2017. And we would search for another full-time regular member to replace Mr. Zephyro when he can.
 This is my first visit, so I'm kind of nervous.
 I want one other item that I wanted to bring up. One of the things that we've we failed to include in our on our budget process and and but we we think we need to do it is the post retirement benefit actuarial study.
 I'd be careful, Frank, now there may be decimal points involved and I would fail.
 I'm not sure that's a good idea.
 So I'm not really totally overly concerned about this excess exposure on the dam.
 Council did approve this plan back in April 2012.
 I have a question.
 I'm not sure.
 So if you would just go briefly to the Risk Management Resources Actually Marketing Report, these are all the agents that we had approached, or that actually approached us via a request through the newspaper.
 about ten locations.
 go backwards. This property has been owned.
 And I understand that.
 I would move that we reappoint Mr. Ferrin to the...
 All right.
 What will happen is it will come to a point for the insurance company where they're going to say, look, it's cheaper for us to pay this than to keep fighting this.
 We originally submitted a trust agreement to the Charlotte Bank and it basically included everything that's in this agreement, in this resolution.
 skate parks, you have all sorts of things.
 I can't answer that. I know some of the people did.
 So, Sinead, come here.
 So this is basically a financial agreement because they're buying it in pieces.
 We lost some space whenever the lights went in there because there's some gates that have that area blocked off currently.
 So I'm making the recommendation we definitely get those deductibles up so that at least as we move forward, this frequency thing isn't showing up all the time on your lost funds. And I think we should do the same thing on property.
 What were the objections to the construction of this? I wasn't at that parks and rec meeting.
 So, you know, and once again, because it's vague,
 Can we ask the...
 No, that's fine.
 and we authorized him to do the evaluation.
 Hi Scar, how are you? Nice to meet you.
 Yeah.
 Why move that we table any motions until we interview the final candidate?
 We got out of it about a week ago, a week and a half ago.
 Thank you.
 Nice job.
 There has been nobody use, claim, or pay taxes on the property for a period of at least 60 years.
 I think unless my other council members have a different opinion, I believe that Mr. Lewis's suggestion that we jump down to item seven under correspondence to address the Attorney Haines's and the Archuleno, Archino off-premise sign.
 My name is Ryan Wotuson, I'm an attorney with the law firm of Goldberg, Kamen and Garvin. And to address a lot of the issues that have just been raised by Mr. Harbison's counsel,
 And furthermore, that the product that's located within that survey itself is what he actually owns.
 We also had discussions about having another Sports Associated Board Dinner, and that has been established as a date of Tuesday, February 19th.
 And I think that's a good thing.
 That sounds like a...
 Is there any other questions? I have a question.
 I mean, I think you guys just do what you want to do.
 Does that document exist?
 Well, that's what I'm saying.
 What I actually thought at some point was that the township may have taken this, but we have checked.
 It was proposed for storage.
 Now if you go back to the original insurance, no, the major coverage comparisons, I'm sorry,
 And since you're looking at this transition year where you're going to a, you know, almost, what, $46,000 increase, it's probably a good time to take that deductible savings.
 that created a problem because you've been with the same carrier, I think, since 2007.
 Person A
 The next one is final plan of the Anthony Farms, plan of lots, partial plan for Peter Stottschek Land Company.
 We've actually been budgeting money annually towards this, which a lot of municipalities haven't.
 And I don't know about the other members, but I can speak for myself that I would have no problem whatsoever reappointing her.
 See no reason
 Mr. Ball? Present. Mr. Lewis?
 She's an alternate now, correct? Okay. And she would fill out, um, I guess Mr. Zephyro's term through 2015, January of 2015.
 I'm going to be a real bad deal.
 I have done extensive search to the point of I have pulled all the tax books clear back into the 1880s for Washington County to see if this piece has ever been actually possessed by anybody other than Robert Roach.
 I really sent the letter as a courtesy.
 That's a 6-0, Mr. Silvestri.
 I think it's made it easier for our volunteers.
 So the other option was for us to adopt a resolution establishing the trust.
 So it works.
 I think this is ours. One is one is.
 The Valley View Drive, call it, sir.
 I'll make a motion to approve the consent agenda.
 Okay, so we want to make that motion. I move that we accept Mr. Zephyrus resignation as soon as we find an alternate regular member and ask that he serve until that time.
 And I believe we would get that done better if we were all included in Washington County. And I believe that's the district, Senate District 46.
 If you do
 Tell me what it is and I'll see what I can do.
 It's 219 and 220, I think are the ones before.
 Basically what we did was I went through and I actually did a comparison of all the coverages and I came up with major coverage points.
 Think about it.
 And I think that this proposal that you see on the insurance renewal premium proposals as proposed January 2013, Gallagher was your expiring carrier.
 and it's also picked up under the umbrellas.
 And we got competitive proposals against that.
 Two things, you had mentioned in one of the prior meetings about the new performance review system.
 Is there any further discussion? All in favor say aye.
 and then talk about what's going to happen the following two days.
 I'm going to be a little bit more specific.
 Did I get out of this information that you could do the hammerhead without impinging on anybody? We could. That would be like playing through the...
 I didn't know if you want to act on any of them tonight.
 would make a motion for that. Do you want to do that?
 Okay, so you.
 have to be some horribly catastrophic thing before I think those bodies would consider it a terrorist act under the act.
 you look here where Brushy Run actually comes through, the property that we're located on
 So I went in search of coverage for that gap.
 There's a garage door here.
 second
 Has there been a discussion of paying a lease? Is there a problem with the number? Is there a problem with the concept? I had not been involved in any of those prior discussions.
 As I said, at one point, Mr. Roach owned this property. He owned clear over to here. And in reality, after doing a review of the surveys, Mr. Harbison actually owns over into here.
 A discussion was had with council about a sign which was asked to be placed on property by Barcolinas.
 I don't know that it sounds like.
 We also met with one of the associations, and we're very pleased that the Wrestling Association with new president has really done an outstanding job of things that Michelle needed to continue their program.
 not the current standard of 80 feet diameter, but 60 feet diameter, which would be adequate enough for a garbage truck to turn, public works vehicles, and any emergency vehicles.
 And my kids played in lots of different sports.
 reviewed the payroll and bills, the large pile of them.
 And now before council to determine if there's any issues with it.
 The only thing I've ever seen in insurance policy that gave you any kind of control over that was a waiver of governmental immunity clause,
 Thank you.
 As far as the premium goes, the Great American Program does give you what you need at a reasonable price.
 All 18 of the 20 lots use a 50-foot building line.
 We had Hurricane Ivan and it handled Hurricane Ivan.
 Yeah.
 perhaps.
 All unpaid taxes have been liened with the Washington County Tax Claim Bureau as required by state law.
 Yeah, actually I think it's about 28.
 It's on page 11 of the minutes. I'm sorry. I neglected to say that.
 Right now, if you point Ms. Snowball to 2015, it still gives you the option of correcting the rest of them.
 Maple.
 Mr. Dixon to the term expiring 2017.
 The other thing that happened this past fall was Field 5, the opening of that complex and
 you
 in the late hour, is there anything in there, Mr. Silvestri, that you feel strongly that we need to discuss? No. Okay.
 should be included.
 gives more money or more money available to spread around.
 I know Mr. Haynes was all jumping up and down. I understand what you're saying and I agree with you.
 an adverse possession question, the question would be who else might have a better claim than us? Who else might have done something to maintain the property? They of course are clear up in this area.
 And it's between you, between the two parties. And, you know, to me, you do what you need to do, and hopefully it gets resolved.
 This is probably the biggest field that we've had for any group that we appoint.
 was a camp where I was.
 and we would have to contact the property owners. And it could very well get, if we couldn't work it out, we may get to the point of eminent domain.
 I move to appoint Mr. Farron to the term expiring in 2018.
 You see them in the fall. And then all of a sudden you make that turn, you come up to the field five, and there are hundreds of kids all ages with parents and grandparents watching practices and games.
 They have two different options. They can see how they want to see the township develop, and then they can put down chips as to where they want to see things happen.
 It's just the BIPD portion that I'm concerned about, and I think we should pursue this and see if we can get a better, a better premium and a quote.
 Until that time, there was a rental situation with it.
 Well, that's a good idea.
 This is the picture that was just placed up there for
 Just to
 that didn't develop, that would not be landlocked or anything like that, right? No, it doesn't.
 20 square feet, 240.
 Okay.
 dark, you know, so it's not really something you can control exactly.
 What that means is, and I'm sure Mr. Johnson can back me up on this.
 There are representatives from the football association here. What's our standard agreement say? That they have to take care of it or what? No, it becomes a township's property.
 So Mr.
 The next item is audience comments.
 Are you
 Yes.
 It's just not safe.
 Any further audience comment? Seeing none, we'll move on to unfinished business.
 Fourth or seventh is best for me.
 I'd like to make a motion that we reclassify Stacey Noble to a regular member with the term to expire 2017.
 I was a little bit worried about that.
 How many times have I wanted to do something or escalate something? And it's very hard to get anything done. And I'm not municipal or anything.
 Peace.
 Why not?
 I had two questions about it.
 we did and we were denied.
 And I think that based on your last history, that's not where your problems have really been.
 Yes, that's the most latest revision that I got practically on my way here.
 Okay, so to make it a short explanation, the thing that you need to know is before you can collect any money, because we had discussed this.
 And if you look at the way this property, this was also just recently confirmed by Mr. Harbison's counsel, where it comes to the lower portion that is actually on the other side of Route 19 there, which he had just shown on the prior overhead.
 We feel that we own it. Your previous person paid $300 per month in order to be here. Time has passed.
 So we have maintained this property at least 60 years. And we intend to act like we are the owner of the property, which Mr. Arcuri and Mr. Johnson, of course, will tell you is necessary for our adverse claim.
 So that kind of threw everything for a loop.
 Thank you.
 Next is the Parks and Recreation Board.
 And if we wanted that, that it would be more expensive.
 to plant trees at the tennis center to serve as a wind barrier.
 It wasn't that it wasn't available.
 I'm on the Parks and Rec Board.
 Mr. Roach owned a large piece of property there which was split off.
 So, you know, having some directional sign would be advantageous and, you know, try to facilitate it, you know, and that's really about all that we can do.
 want the point.
 you
 I don't know, practice, so I keep that.
 Yep.
 The one that's not up there, the 177.
 they weren't sure, the interaction with the board.
 I'm gonna go.
 post say name.
 The first item on the agenda is the approval of the minutes of the reorganization meeting of January 7, 2013.
 Would you be available or are you not sure?
 And I'll defer to Mr. Johnson, but I mean right now, I guess we...
 He's a
 can get another municipality to help us.
 Does anybody have any other questions? This situation that you're talking about, I'm doing the umbrella coverage.
 as compared to our expiring framing over here at $138,000.
 All the runoff from phase two gets directed to those two facilities.
 you had it on the primary and you had it on the umbrella.
 240 square feet. Yes.
 13. This is 13. This is 13, January 13.
 You see the restrooms and I think field three, four we call it.
 to see. Attendance at all is not required. They can pick one.
 I would like to first
 He's a good guy, but he's just too funny.
 And I think that's a good thing.
 you can either stare at the wall or look at the ceiling.
 When this came to council last year, a lot of these arguments were being made and there was, at least it seemed like it was the potential of an agreement or an understanding that would be made.
 Six months have long passed. They would have passed in November or December.
 Um...
 OK, on the auto portion too.
 because the prior carrier was so broad with their coverage form, nobody included it. It just was like they threw it in.
 So like pretty much a million dollars to our funders.
 Oppose say nay.
 It's actually $100 per foot.
 afternoon.
 So if we take him off, we'll still have enough to conduct business, right? Correct. All right.
 Oh say,
 All right.
 And it's sure a good cause.
 So we are in a position that we must have a new carrier at the beginning of the month.
 I know, I hate to even say it out loud. It covered Mark for bodily injury and property damage claims.
 But 20.
 So when you look at the risk, we've discussed this at length also.
 was in the section 8B.
 14.
 And then if it does qualify, then it would go to the traffic comment committee to review.
 The purpose of the consent agenda is to improve the efficiency of our meetings and to avoid having people wait for items that apparently require little or no discussion.
 Yeah.
 I think it was the second? Yeah, March 2nd.
 Is that an omission or is that?
 able to share those facilities.
 There was so much change in personality.
 The last
 A lot of other parties that will all get sued with us, so we can all be in there together and it will work itself out eventually, but we wouldn't be
 Absolutely.
 Thank you.
 You're going to have to.
 I just want to make sure that we're getting the right information.
 that would end in January 2017 and then January 2018.
 I appreciate your opinion.
 Any further discussion? All in favor of the motion say aye.
 I don't remember when it was here before.
 You know, they can maybe get a sign off of that property on it.
 There was one up there near Center Church. We had to tell them to remove this.
 That's right. And Mr. Sveshy's being called back under his attack.
 It's very rare that it would be for a project that we designed in the house.
 You want a motion and a table? I'll make a motion and a table if that's what you're after.
 One of the major cover differences that the old program had that we don't have this year is your law enforcement liability was covered under your general liability insurance.
 We're going to be doing a lot of work on this.
 What are the dimensions of these buildings? I mean, you've got an elevation there. There's no plan view or anything. And I'll get off that kick, but there's just not a lot of information here. That's my point.
 My cycle never did learn any decimals, I can tell you that. Never did.
 Mr. Dixon would be coming off of the committee as the regular member.
 you please state your name and where you live?
 Yes, his proposal.
 It's not just scrub.
 Excuse me.
 So at that point, what my concern was to make sure that we had the best price matched, excuse me, with the best coverage.
 Let me continue to pursue this gap in the E&O, and I would recommend the Campbell Agency with Great American and CNA.
 to ask the chair to consider changing the agenda here to deal with the off-premise
 My point is that I feel that there has been a clear dividing line between Bethel Park and Peters Township and the rest of what is considered South Hills area.
 they didn't have to appoint a hearing officer.
 How many homes are on that? How many other people are affected by living on that road and happen to potentially be, you know, see
 As in the terms that the facility once constructed is owned by the township.
 to.
 Anything else? Meeting's adjourned.
 See you later.
 I've never seen a policy that.
 Good evening. My name is Joe Mays.
 You want to interrupt?
 Our position is, or our responsibility is, when someone wants to put a directional sign on a corner property, they have to have permission from the owner.
 This one came out of Lloyd's London, okay, and Lloyd's is a
 understanding that they probably also did not want to invest a whole bunch of money in a sign when there was a possibility that they were going to lose or we were going to cut it down.
 Okay. They've come across, and again, this is a much flatter area, okay. And they have maintained, they have kept that cut down forever, 60 years.
 I think you're up.
 everyone please rise and join us for the Pledge of Allegiance.
 And I'm going to make a motion that we appoint Ms. Noble
 up $5,000 just under
 Let me then start from the beginning.
 You know, we may end up just back at square one anyway, but, and that would be fine, but I don't want her to take it the wrong way.
 Pass 6-0, Mr. Silvestri.
 So anyway, we went through and we requested the premiums for everything.
 We'll be in motion in a second.
 did get a lot of people interested.
 And there's something called an umbrella that goes over that to provide another $5 million
 and to get competitive proposals.
 Mr. Curry's also right.
 I know I have that with me right now.
 And then when you add the premium into the deductible, you're looking at $35,000 before the insurance responds. And really, what is our risk here? He's not worth it.
 All vote yes.
 If it's snowing, we would cancel.
 And because of that,
 Bye.
 We listened to all the groups that were concerned.
 They'd like to see if it's like one each year so they could have one to vote on every year.
 And furthermore, we believe that we would have rights to this property for its continual usage over the past, I believe it's almost 30 years or so that this sign has existed there.
 This was dated February 25, 1994.
 Thank you very much.
 from our evening, 7 to 9, right here in the council chambers is session number one.
 Okay, so we should advertise and then we'll try to fill those. Okay.
 it's going to get better. But again, without your leadership, these things wouldn't happen for the residents, our community.
 discussion? Hearing none, all in favor of the motion say aye. Aye.
 There's a point you're trying to make.
 One of the things we've been talking about is we have a number of streets that are long, dead ends.
 pleased that the fitness trail equipment's arrived and they are working on that during the winter months in the spring and
 on federal motion say aye.
 I got a check.
 And that passes 6-0.
 We got an email today from Sharon on that subject, yeah.
 Well, I'm going to make a motion that we already have a motion on the floor of the second.
 get
 about that one.
 Yeah, you know we don't design a heck of a lot of new storm sewer systems
 It's simply parceling off and splitting parcel 300 that was created when phase one was recorded.
 It was just impractical for community members like myself and stuff.
 That was really the key to this time.
 None of this was actually provided to him, which would be required by a thief in order to have adverse possession.
 doors.
 Okay, which is a substantial increase over your expiring, but it was the lowest of all the proposals. Okay.
 I just don't see the dam creating much of a problem that we won't know about before it becomes a catastrophic failure because of the way that it's maintained.
 It says in the manual.
 Does the plan provide right in, right out? Yes.
 You might have missed it, Mike, but what is the proposed cost of this thing? Anyone say it? The cost is just under $25,000 that's being proposed.
 I expected to have an executive session. There was a follow-up to a request by Chief Frucht.
 Over the last 14 years, I have watched an amazing amount of development of so many areas in Washington County.
 We do need to change some of the term dates so that it conforms with the ordinance we
 Yeah
 nobody that wouldn't be good.
 I found that this recreation board that has been together for quite a few years, almost every one of us have been there for more than one term, has worked very well together.
 Correct.
 Thank you.
 seen it go that way, I've never seen it go the other way. Because there's a right and duty to defend both
 But tomorrow night is somewhat of an overview of what has already been covered.
 I think we can solve it.
 We have a lot more money.
 And the actual portion of the property that is Harbison's, it's very steeped right here.
 This is Mr.
 and
 You haven't paid a penny but you've been
 The next item is a resolution establishing a trust for drop pensions.
 That would probably be another topic for a meeting, Mr. Lewis.
 Okay, is there any further discussion? Okay, all in favor of the consent agenda say aye.
 I don't know if you want to table this until he has an opportunity to be here. If we're going to table it, I think we need to discourage the concept of all these multiple signs and suggest that he come back with at least a more reasonable proposition.
 Random rules.
 They do not have any type of a chain of title right to the property.
 They have used this and in fact, Council Peters Township has addressed them and asked them to maintain that property on occasion, which they have done.
 That hasn't worked, apparently.
 It's simply re-approving the plan that was approved back in April. It's 20 lots.
 I mean, I don't want to get in a situation where, you know, we do this and then somebody complains that they can't get up there because they're handicapped.
 He has it for everything else.
 I'm not opposed to it.
 studied it from increased deductibles, premiums, deductible options, and
 3, approval of resolution 010413, amending the police pension plan to eliminate the killed in service provision.
 I would suggest that we ask Mr. Federline if we could revise his term to end 2015.
 Is there anyone else from the audience that would like to talk about a non-agenda item? Ma'am?
 on a scheduler.
 we we we went out there and took additional counts to see if it still did it actually flip flop this.
 Mr. Haynes, how are you, sir? I'm fine, sir, and you? Good.
 I was just going to ask you if you heard from Mr. Kamen, but I guess you've heard from somebody else.
 Again, this is his own admission.
 I think your representation that Ms. Schoerer is the only person who has no affiliation to the Youth Sports Association is incorrect.
 cover his
 I'm going to go back to the other side of the room.
 Please, if you do some sort of summary, keep them in the order that we interviewed you.
 I don't know if I can or not opt to see, because the way it was set, I'm not sure I can do
 It would flood. It flooded the same house. But the insurance policy would not allow them to pay it.
 Is that not filled or?
 The next item on the new business is a request by the Junior Football Association to construct a building at Hofbauer Field.
 I'm going to make a motion that we accept Mr. Zaffiro's resignation with regrets.
 you've noticed where the
 to next meeting? Yeah, sure.
 Motion in a second.
 I know it's in the docket, but I personally think I need a little bit more time, but I don't know how everybody else feels.
 So most of my municipal clients do not purchase it.
 It's simply a plan that parcels off the property that PT Land Company is purchasing from the Anthony Estate.
 We are...
 And the next document I included in here as well is the actual deed, which was in April of 1994, which now gave title to Mr. Harbison. Included in here and explained is the actual property that's included within that survey itself.
 I think we should bump that up to 5,000.
 Or if we do have the exposure, we need to know it and absorb it. Okay? So what happened was, like I said, if he's sued for a wrongful act specifically, okay, and it doesn't mention bodily injury or property damage, we have coverage.
 Thank you.
 I don't know how many years.
 certain activities that maybe aren't traditional sporting type situations that we wanted to try to address.
 And I guess what I'd like to do at least is get a proposal from TPD to see what that would cost to do a study there, and then come back to council.
 What did we have?
 will not be here. Mr. Arcuri? Here. Mr. Stott?
 So you ready?
 What I did was I honed in on the major coverage points. Once I had the premiums established, the next thing to do is to make sure that this is a cheap price, but does it have what we need? You'll see from this sheet, they don't have this
 That's always been a stick in the program.
 And so it did present a bit of a problem at renormal.
 that we concur with the project subject to the execution of the standard facility agreement.
 He is picked up and he's also picked up for bodily injury as is anybody that works for the township has bodily injury and property damage.
 Okay, fast.
 It doesn't look like we were going to get any more.
 that was under a lease.
 It's the missing piece.
 I mean, he's...
 One of the other things we spent a lot of time on last year, which I think is a critical component of the recreation programs, is this volunteer coaches and how they can get their criminal history checks and the child abuse clearances.
 terms. One of the things they were asking was if, you know, there's...
 Thank you.
 You know, shoot for the second. Let's shoot for the second. If it doesn't work out, we'll just reschedule. Okey-doke.
 I think it's a good thing that we're doing this.
 I don't know where your school district is going, which is an idea.
 All the other aspects of the plan, dedication of open space will occur in phase two. There
 It's too slow.
 The date revised January 3rd, 2013.
 Why is it that the issue that we have with Mark isn't something that falls under that umbrella? Well, Mark is covered under the umbrella. It's a different coverage.
 That's the one that is no longer going to be providing a quote.
 We have a motion in two seconds.
 when we have to team up with Allegheny County, they figure if we don't get anything, maybe they get more.
 All right.
 Bye.
 I think that's a good thing.
 further discussion. All in favor, say aye.
 Good job.
 Does anyone here wish to remove an item? If so, we'll handle that item at the end of new business.
 can't come to an amicable resolution of it, then some judge will come with a decision
 he be able to come back to the next? Yeah, the fish fry doesn't start until the 16th, I believe.
 His name appears on four different surveys of the property, but it appears just to have been repeated each time, okay, by the surveyor and just added to it.
 And I think that's a good point.
 been very busy this entire year, 2012.
 I don't have any children that are in youth sports.
 Mr. Sylvester.
 And that would be obvious because if you're a doctor, your reputation could get ruined.
 I'm not sure where that is. Maybe he can shed some light on. It seems like something that should be able to be amiably.
 has not been since at least 1920.
 Mark and I discussed what he does, which is why I didn't really think that it was going to cost that much money.
 This would actually have to be something that would be adjudicated and determined by a court of law.
 So you have the 177, is that what you have up there?
 So it has to be subdivided so they can buy the next piece.
 I don't and let
 That would actually be the east looking at the...
 already being walked under currently.
 There was a question on whether or not the developer was going to attempt to solicit from PennDOT the ability for a left turn in.
 I had...
 that. Plus we're going to talk about what other communities are facing and how they've resolved some issues. We're talking about
 And I think that's a good point.
 I'm not sure.
 There's five potential openings on the Youth Commission. The board can help the nine currently.
 I read what Mr. Silvestri recommended and I would make an alternate recommendation.
 Does that sound like a pleasant ordeal?
 And I also remember, if I'm not mistaken, that in the past, the permission from that sign was from Harbison. Harbison or Niedermeyer, one of the two.
 That's it right there.
 Also, our board, I think, would like to compliment Michelle and the athletic director at the school district as they continue to improve the sharing of facilities.
 We went back to the PNC.
 All right.
 Road tour day.
 Next item is Park and Recreation Board Update Report. And we have a suit coming up.
 It is a big deal, believe me this.
 Any item can be taken off this agenda and acted separately if any council member or audience member desires.
 25
 on board, Mr. Zafesky?
 Is that a motion? I move that the minutes be approved with that one correction.
 That's true.
 One, that we will be doing additional traffic counts in the spring, which is Center Church, because that was a payroll until after the stoplight was in.
 Okay, we went out and solicited proposals for insurance bids and Mari Murphy, a risk consultant, Risk Resources, was our consultant to handle this project and she is here.
 part of the coverage for the engineer.
 Was that a hundred or 500 year? I forget.
 Now you can see by looking at this, we did get a nice spread of people that were interested and they were all approaching quite a variety of insurance companies, but we did get a lot of declinations.
 I'm sorry.
 certainly could ask for the Bebo Bridge and the Valley Brook Bridge.
 Okay. And how many people do we have on there now? Forget about the alternates, just regularly.
 Anybody? There you go. Come on up.
 I think we're good.
 There's the gene.
 move that we approve the request for division of the Anthony forms parcel 300 a That I have a question that parcel 300 be that's for anticipated for the next phase.
 I didn't know you had the newest revision. I was going to hand it over to you.
 That's a hundred he's saying.
 I think one of the reasons why our losses look so bad here at Peters is because we submit things in the $500 range, in the $1,000 range. Okay, right now our auto deductibles are 500 comp, 500 collision.
 So if someone sues Peters, Township, and Mark for a wrongful act, that will be covered by the public officials policy because that's what public officials covers.
 The council decided at that point to allow them to put a temporary sign up and
 The first picture that I have included in a... I can wait until it gets down.
 So I don't believe that he actually has standing to raise the issue whether or not we have this sign here or not.
 I think most members of council would find it helpful if we had a summary of the resumes that were presented to us.
 One last clarification.
 So we're very, very supportive of that.
 be thrilled that you're doing that. It'd be easier for the turn.
 Do we have a motion? Do we have a second? Second. Okay.
 came off the bench at our retirement.
 In the fall, you see the football and the cheerleaders.
 That's where the
 day. Tell people that it's like two hour sessions.
 a bunch of them this time.
 And
 We had a booster group of racketeers propose to buy umbrellas and provide shade for spectators on the hillside at the tennis bubble.
 I just want my.
 Yes, we're trying to.
 That was my fault.
 $350 per month.
 position now is its biased position.
 One of the reasons why everybody declined your quote was because of the auto problem.
 Can you walk underneath that? Is that what the proposal is? Yes, there will be space underneath that.
 off the table, it's right in and right out.
 One second.
 I'm not opposed to it. I don't want to be an obstructionist, but I just think that's a ridiculously high price and I don't
 the, uh, terrorism coverage. We've not taken that in the past. No. And I have an explanation for terrorism.
 I'm going to go ahead and get the second picture that I've included. This goes back in their chain of title of Mr. Harbison.
 60 foot is not our standard cul-de-sac, but it's the same diameter.
 Thank you.
 Why not make it the one that expires in 2018? Is there some reason why? Well, I was going to recommend that we advertise for a new appointee who would start this year and have his or her five-year term end in 2018.
 I'm going to go back to the board of trustees and see if we can get a motion to approve
 Resolve.
 What did he
 Right.
 was just not going to happen.
 I'm not sure that, um, I had made a couple of phone calls into the person requesting it.
 Planning Commission did recommend the plan be approved back in March of 2012 subject to 18 conditions.
 square foot.
 Mr. Paul seconded it.
 It's not good either.
 I'm not so sure that's what Mr. Silvestri was asking for.
 I'm sure Democrats have the same problem where they want to get something done and then they have to sometime appeal to a higher up and they can't get anything done.
 I personally didn't consider it to be a tackle on this issue at all.
 I appreciate you correcting that for me. Thank you, Melissa.
 Holy cow
 to continue to negotiate the terms and conditions.
 as opposed to having an agreement with the bank for trust.
 If anybody wants to make a motion with respect to the...
 And it appears that this piece was a leftover piece after several subdivisions.
 And I think that's a good point.
 I can't possibly tell you what went on between Marcolino and the schoolhouse.
 I would agree with Mr. Lewis's point.
 I agree with you. I think that premium is atrocious.
 I don't feel any affinity at all with either Bethel Park or Mount Lebanon, for that matter.
 life.
 I mean, I don't...
 Is that all right?
 Passes 6-0.
 Unfortunately here in Peters Township, and I can say because I hate driving out here at night, especially in the rain,
 So when we got to this renewal, I was.
 This was actually prepared for harvest and auto.
 So we have a motion and a second. Is there any further discussion? All in favor of the motion say aye.
 Okay. They were the same standalone quotes.
 That's the whole point I was trying to make. A lot of money.
 Thank you very much.
 Go ahead, Mike.
 Immediately following the construction of the sign on May 3rd of 2012, I did address a letter to them requesting that they enter into negotiations as to the placement of a sign.
 So we have a motion. Is there a second? Would you repeat your motion, Mr. Bull? I was afraid you were going to miss that. Yeah.
 And all your costs have been in defending the thing.
 you see again the football players.
 It's a workshop all day, beginning 9 a.m.
 Mr. Silvestri, when the gentleman who applied but wasn't able to come tonight, do we know when he might be available this week? I think he can be available before the next meeting, you know, at the beginning of the next meeting.
 was at 191,742.
 And I was hoping, aside from Mrs. Schwarha, who now is sort of in limbo also, was hoping that we would get some people who would represent some of the other residential users of the recreational facilities.
 So
 That was nowhere near what I thought it was going to cost. Because normally, it's the design portion that is the risk.
 Excuse me.
 And, and, and quite frankly, I mean, you know, this survey shows what he actually owns, but it doesn't show what he took, what he may or may not have taken by Everest possession.
 Our signage is right behind our building on 19.
 I don't know.
 I just think that, you know, over the last year or so, we've had discussions directly and indirectly in respect to various issues that have come before us about the park and certain programs that should be there.
 I'm sorry, you mean there should be a word included? Yes, it is included. I'm sorry.
 One of the things I do in the fall and also in the spring and summer is ride Arrowhead
 can help us with Mark. I would move that we award the Campbell Insurance Company the
 that you're gonna be hooking to.
 First paragraph, third line from the bottom.
 Okay, let me.
 Zephyrus of 15
 There was a petition with sufficient names to meet the minimum criteria to have us investigate to determine if it would qualify for study.
 Alright, moving on.
 I think it's 12 or so.
 Turn that microphone down so you can speak. Can you hear me now? That's good. That's good.
 That's two for.
 It's there.
 I know well about what you're saying. That's my business.
 work for risk management resources. And usually insurance is one of the more difficult things we do, I think. But maybe tonight that's not so.
 Same thing that covers everybody here on the board.
 There's an ability to lower the water if we know there's going to be an issue with flooding.
 You can do it.
 Is there any further discussion? Just to point of order, I think you probably should accept the resignation of Mr. Zephyr first so that at least then there is already a vacancy on the board.
 It's one of those games that needs to be played and we have to figure out where we want to be and who we want to be to team up with to get things done.
 I'm going to explain this briefly.
 In other words, the public official's coverage is the primary part of the coverage that he's covered under.
 We put an ad in the paper. Anybody that was interested responded. I did a set of specifications based on last year's policy because I had been working with that policy structure since 2007, and it was a good policy structure.
 I remember this.
 The two-story building.
 assessed? Is it being assessed? I don't think that it's being assessed.
 And we recognize that that particular business is not exactly right on 19.
 I mean, it seems to me that if you think that you own the property and you're going to take the side down, that's going to force this into court.
 And if we begin to make too big of a gesture to allowing this, I'm not sure it wouldn't encourage other people to do the same.
 Why don't we just interview those two people and then go from there? This is not up to a school board interview.
 If anyone...
 Say nay.
 We need to get these things established.
 Bye.
 not, you know, this cannot be adjudicated by counsel itself to determine whether or not he has this by adverse possession, whether he's met all the key elements for attacking and furthermore, the necessary requirements.
 Jonathan came in from my office that would have had those discussions.
 There is no record owner of this property.
 a lot of what Aunt Marcia
 Six years.
 I'm not, I don't know that it's available. Okay. Any professional person, a doctor, a lawyer, because it is a professional person, the insurance company extends the obligate, or the, the courtesy, I would say, of allowing you to refuse to settle.
 And during the month of October, the tennis Hartreau Court renovation project was completed and the bubble was installed once again for our township residents interested in tennis to be able to use that during the winter months.
 haven't for six years.
 Yeah. It's the property owner. Well, that's a fallback though.
 The first section thereof is the Youth Commission.
 if we have it the way I proposed it as far as terms.
 Please.
 about traffic and we'll talk about the status quo gross scenario findings.
 I don't know.
 In the minutes of the Park and Rec Committee board meeting, there apparently were some objections.
 Yes, Kim Gills from JR Gills and Associates.
 Okay, so.
 Okay.
 Like what if somebody came into the township and even if it was a domestic terrorist act and did whatever they did? It has to be declared an act of terrorism by the Secretary of State, the Secretary of the Treasury, and the Attorney General before it's considered an act of terrorism.
 But if you look at this picture in conjunction with the first actual overhead aerial view, you can see that where the property comes over, the line is actually... Brush Run runs well to the north.
 Passes 6-0, Mr. Silvestri.
 Is there anybody else on council that would like to discuss anything that appears under the report section? No, there wasn't. Anybody? Okey-doke. Let's move to item number nine, which is miscellaneous
 Because that's a big deal too.
 PNC was willing to do such and at this point we still don't have a response that
 think that helps not only the school district's activities but also the community activities being
 There's some issue about they want to stacker them now instead of one and two they want it one one one, right?
 the only person standing.
 So the whole idea was for a council, what the council had was to allow some time for it to get worked out or be determined definitively, and the interim design would be kept.
 I'm gonna have to do the shower overall.
 So once we got that done, we did come up with several proposals that were viable.
 That's your one mistake this year. It's all about feeling good.
 at times perhaps.
 All right, we're gonna go back to under new business, item G, award bids for liability and casualty insurance coverage.
 There are some things that we don't have anymore, and one of those things we don't have anymore is coverage.
 So that was what I was.
 I agree, Mr. Ball. That's fine.
 Yeah, but I know it's just not 2015 in your staggering language.
 addition, we do have two outstanding ones.
 The items on the consent agenda are, one, exonerate Paul Lauer and the Jordan Tax Service for the 2012 liened real estate tax.
 Anything else under miscellaneous that I know we're getting some police cars and
 I'm not too sure I know whether that works or not.
 Every time you hit a deer, you pay the 500, and then the insurance company pays the rest.
 But if the result of the wrongful act was bodily injury or property damage, that's picked up under a different policy on the general liability side, and that's where we lost the coverage.
 correct.
 Did you give them the new revision?
 All right.
 After I read your dissertation, I was not sure we had a straight night yet, Michael.
 either of the other two better or is...
 Fine.
 Name and address, and you're on your way.
 Mr. Dixon to the term expiring in 2017.
 you make a right, you go past Hoffbeier Field.
 So, you know, it's just part of the duties of the vice chair. That's why I wondered.
 Correct.
 we can go back and refresh our minds.
 Mr. Lewis.
 I know one property on our, seemed amenable, but I'm not sure about the other one yet.
 also realize what our role is as board members and just providing input and realizing that she's in charge of the program.
 Does everyone have a copy?
 May I interrupt for a second?
 There has been no agreement to any sort of rent.
 It should be 350, which of course, that's called negotiation.
 I'm not sure that's a good idea.
 So I will say that we can move ahead with the rest of this, but I think we need to continue to pursue that. The second point I just wanted to bring up was the auto exposure.
 I'll just go.
 In November, we also had another proposal from
 My name is Melissa Sickman.
 The Council had questions about attendance and spoke with Mr. Federline, the Chairman, and he sent a history of attendance.
 stop in there if you can and then the last ones right in here on Thursday January 31st.
 on.
 And you know, if I say don't settle a malpractice case, then insurance carrier can't do that.
 I think what happened was we had a project in, Montotro had a project in, and they decided, okay, 500, we'll give half to you, half to you.
 Awesome.
 original one cost? I don't know.
 So we'd like to, in the.
 When the people I network with for business ask me where I live, I tell them Peters Township in Washington County.
 them all separately, Mr. Chairman? I don't have a preference.
 You have 187 in your hand.
 he says he's not always going to have that available. So.
 So we went with what Campbell originally gave us.
 that is actually outside of this triangle located in this area that's across the stream that's located there.
 Okay. So the safety requirements for the height of that are all met. There's already a walk-in. Like the existing building, if I move over here, the existing building is here. The
 One other question, and I'm going to keep asking this about the open space and different developments.
 I thought you wanted to accept his resignation.
 So I think if we were with the rest of Washington County, we could get a county commissioner to help us.
 So just see what's out there. Okay.
 on the couch.
 I'm not sure.
 There will be a traffic impact fee paid for each one of these lots, $1,100 per lot at the time of building permit approval.
 $1,000 a share.
 So, I'm going to go ahead and do that.
 As you can see from the proposals we did get, they're sort of within the realm of each other.
 I'm not sure if he's around or not, but I.
 I don't know what I'm...
 We always have the same discussion, this time it's just beforehand.
 we might be able to do something that way.
 It is a small piece that sits right in the jointure of the road and does not appear that it has ever been deeded out.
 Absolutely, as I said, and I sent the letter because it was actually a thank you to the council for having tried before.
 Well, yeah, this will be the number that we'll be using. And then. 177? Yeah.
 we adopt resolution
 I guess who else is left there?
 And Joe Mays is also not on a youth sports board of any kind.
 Thank you.
 And I would also just like to go on to the last document that we have there as well.
 frontage on two public streets.
 a different carrier. And Erie also offered a standalone quote.
 I don't know what you've done in a way of checking for audited bids, but that's a lot of money for that structure.
 We've had like 17 deer strikes since 2007, and that's just, what can you do? It's very rural out here.
 I was surprised that everybody told me it was covered, but they didn't understand the difference between the errors and omissions professional exposure he gives us versus a regular BI and PD, which might be too much detail. But the bottom line is we need to fill that gap.
 I understand that, but I mean, if Mr. Zephra wants to resign, then I think we should let him resign.
 Mr. Silvestri, special reports, do we have any? No. Okay.
 Mr. Chiffrin passed it out.
 Yeah.
 excuse me, blended more now than ever before.
 I know he's out of town. I'm not sure if he's out of town all week.
 and the Park and Rec Board.
 So it is your position and recommendation. Stand as you put it up here.
 and repeat
 have two I can think of which I won't speak of right now. They're absolutely ridiculous.
 Okay, expiring.
 And now you see the usage of baseball and softball using that in the fall.
 January 30th in the library, public library multipurpose room.
 And we have given notice to counsel as well as notice to the attorney for Arcalinos that we intend to remove the sign at this point.
 It might be good to have one for Don. It might be good to have one for me, too.
 refresh your memory.
 I think that's a jewel of a township.
 So right now, the school board has not made a recommendation on that position.
 I don't know whether it's exactly if there's 177, 159 or some amount that there's less
 I can't
 Is that, what does that mean? Oh, it's included.
 It wasn't anything, at least in my mind, that was personal or something that she did or didn't do.
 I don't see the risk that he presents that it deserves that kind of premium.
 Oh, there you go.
 don't need a deed for adverse possession.
 Hello, Mr. Harvest.
 I'm going to go through the proposal. Yes. Hi. My name is Mari Murphy. I work
 as well as public officials' claims, which basically is a wrongful act.
 you do maintain the dam very, very well.
 All right. Okay.
 I mean, I'm not going to say that I'm against it.
 I'm saying is, you know, the E and O portion of the claim under the general liability is what I'm worried about.
 This word of new business, and that's the consent agenda.
 lived in Peters Township since 1999. And my comment is also in regards to Peters Township potentially moving from Senate District 37 to Senate District 46. I'm
 the end.
 I'm not sure.
 Mr. Bowles' proposed resolution regarding Peters requesting a change in our assigned senatorial district.
 Thank you.
 Next item is petition received for Barhill Road traffic calming study.
 last year
 bottom line is, is I see this and I might be wrong, but we don't really have a stake in this.
 I was not clear as to who I was.
 So you got to worry 350 a month, but close to zero a month. Right now we're getting zero
 Do we know whether they want to stay on?
 Don't get the impression I know anything at all about insurance.
 I ain't saying that.
 So we're tabling, I guess, any action on the school board.
 Should be a 103.
 Why don't I tell you the whole deal? Yeah, do the whole thing. Okay. I'm like real confused now.
 My name is Angela Carrier and I live on East Highland Drive.
 You'll be okay.
 I think we should get through this F though, which is the final plan. No, we only did the first part. I think I have no problem jumping around to do that. Let's, um, I'm sorry. I thought we were moving. The next item is the final plan of the Anthony Farms plan of lot space two.
 Thank you.
 I mean, I think that's a good point.
 Really?
 therefore you didn't have any deductible.
 provides for requirements for insurances and that the association is authorized to do the work.
 I asked a couple weeks ago about that.
 This year I shopped in Washington at Kohl's, Tanger Outlets, Toys R Us, and several other stores in the North Sturbane and the Trinity Point area for everything I needed.
 They have not had any meetings in the last couple of years where there wasn't at least three board members.
 Did you know how
 Therefore, there was.
 They all have different premiums.
 So based on all that information, I'm making a recommendation that you increase the deductibles to $5,000. Take a $1,000 deductible on your auto. Take all the reductions that they're offering you.
 Pass is 6-0.
 was to put that money towards turfing the field, which $25,000 is a long way from, it's
 provides a necessary buffer.
 So, this part of the coverage, we can move ahead with this insurance program and I'm going to continue to work with Mike on this open issue because I was thinking on my way here actually that, do you belong to an association of any kind? Okay, they may be able to provide him with an insurance quote that would be more reasonable.
 Okay.
 I understand that.
 As a staff, we could not confirm yes or no who owned the property.
 I live at 251 Teepee Road and I'm a member of the Parks and Recreation Board.
 you
 potion
 The only time I know that that's different, like I said, is in a professional situation.
 So as I said, we had a lot of declinations.
 What I mean by that is you have the first $1 million, $3 million on your primary insurance,
 We do this on a routine basis, usually every three years, to see what the market will bear, what's happening in the insurance market.
 Let's see. You're in the hot seat for the next one.
 And we also wanted to look at deductibles, too, because in a lot of these proposals, what you retain yourself went up in a lot of instances.
 All in favor say aye. Aye.
 I'm done.
 move that we appoint Mr. Dixon to a term as an alternate through the year 2014 with a term expiring 2014.
 personal about her, something she did or did not do.
 to honor that unless somebody has one.
 presents
 That passes 6-0.
 recommendation to council to prohibit the use of those spikes on field five with that artificial turf.
 and A.
 And then they were, they were.
 It's also weather permitting
 Mr. Silvestri's. It should be 03, yeah.
 I know.
 And I think that's a good point.
 My dad does have a signed agreement.
 We need to go further with that because I don't know that there's really much risk there.
 Yes, his program with Britt did include that exposure.
 And it looks like that's going to be able to be used later in the spring for our residents.
 without any adequate turnaround. Valley View, Longview, Ammons,
 Aye.
 the township with our flyers on the workshop that begins tomorrow on the comprehensive plan.
 and how we charge our employees.
 motion to second.
 And I just think it's going to continue to get...
 6-0
 And I do have a couple documents that I'd like to pass out or if council would prefer that I just utilize.
 and then it was revised on May 5th of 1992.
 The CT Land Company, developers of the Anthony Farms plan, along with the Stanley B. Anthony Estate, are filing this Anthony Farms parcel plan.
 We used to store some stuff on a route 88 storage and we gave that up.
 What we've been trying to do is ever since these proposals came in, once we had the bids and we knew who the low proposals were and who we could work with, we've been trying to work our way through this to make sure we had all the coverages we needed.
 So, you know, that part of it, I think that, that the, that Peter's Tongue has the ability to absorb that $5,000 per claim.
 I'm not sure.
 We have two motions on the floor, though.
 Okay.
 They don't get most of the attention. I think they get all the attention.
 Take care.
 Egg.
 I believe Peterson Township has an affinity for Washington County and not Allegheny.
 Mr. Ferron and Mr. Dixon would both like to attend.
 Right, so there's probably about 24, 26 lots on there. So we couldn't ask them to bring their garbage up to the main intersection.
 numbers that were received from the Football Association.
 I'm not sure.
 I think it's a good thing that we're here.
 approving.
 does not include any of this language.
 But it's two fours.
 And their premium came in at $185,864.
 I think that the $1 million, $3 million is probably sufficient.
 is actually located up in this northern Pacific.
 Okay, so that was sort of why that got delayed a little bit. But it can be solved.
 be resolved without a court.
 I couldn't see how it would be. No, it is steep in here.
 Mr. Ball, will you be doing that all the time or were you just subbing for Mr. Berkowitz?
 would go to their governmental immunity clause and say, we're immune from this liability, we're not paying it. Well, I found a policy or we found a policy that did allow that waiver.
 And that'll be then looked at by the consultant to come up with scenarios and will be discussed at the following meeting.
 We just need to find what we think are the best of them.
 And we have a lot of confidence in our recreation director, Michelle Harmel.
 And then, cow.
 They have cleared it, they have constructed on it, and they have completely treated it as their own.
 I think at this point we're pretty much out of it.
 I don't see him here this evening.
 Can I ask a question from the audience?
 And I think that's a good point.
 Thank you.
 Take it. There's a second.
 to defer into the term expiring 2018.
 you know, there's a big reserve sitting there for defense of an idiotic claim. But there's nothing you can do.
 Please pass the plan.
 I
 Lane. When we did the original studies, one portion of Maple Lane qualified from the speed standpoint, going past Jewel Ridge, and the other part before Jewel Ridge did not. When
 confirming action taken in 2010 as the state now provides for this benefit.
 We have Mr. Stasek as 2016 already and that would stay the same.
 Good evening.
 And I think that's a good thing.
 What do you need, Mike, a motion to concur with this? I'm glad I did.
 And then, of course, the coverages, because we had to have those core coverages and sort of start there.
 The plan did not get recorded within the 90 days for reasons maybe PT Land Company can explain.
 to the city.
 electronically then?
 So that's five, one.
 where if you had immunity and you wanted to waive it, because of some reason, I have a water authority, for example, that had a bad pipe and they knew it, and every time
 Okay.
 Thanks.
 In fact, I think a couple of other, other members no longer are on boards of the sports associations in which their children participate.
 And we discussed this in-house and we thought the best approach would be to try to do them incrementally. And since Valley View is going to be paid this year, we're recommending that we look at putting in a turnaround of
 Some of these people are going back to December 3rd, so it's been a while.
 I'm actually here on Mr. Kamin's stead. He unfortunately had a prior obligation this evening, so was not able to attend.
 in 1994 providing that this is not his property.
 If we could, I'd like to save some time.
 We haven't had very many property claims.
 But if we get that strange claim where they do ask for bodily injury or property damage, that's where we have this little gap.
 So the only clients I have that normally purchase that are water and sewer authorities because they're high risk targets and they only purchase it on the property normally.
 plan in addition to parceling off parcel 300, it establishes all the necessary easements and rights of way to facilitate phase two for being constructed.
 Correct, that's for additional storage.
 So it's well outside the survey area of the property that is actually now currently owned by Mr. Hargison.
 I know personally, um, since there were so many candidates, I think I would appreciate a little bit more time to think about that and to review, um, you know, some of the, uh, uh, documentation that they supplied.
 second I'm seconded
 Second.
 And then
 way it's designed and the way the Senate district is drawn. Other people have talked about it.
 second. We have a motion and a second. Is there any further discussion? All in favor of the motion, say aye. Aye.
 He just doesn't have it as it relates to his engineering duties.
 6-0.
 That's a separate chart.
 Dam exposure was another issue that
 It provided us with very good coverage and a very good price, as you can see from these Renault premiums. We're going to go over here shortly.
 The section before George now is over the speed and the section after George is under the speed.
 Mr. Burkwood.
 Anything else that we need to talk about in our miscellaneous?
 Does that sound right? Second.
 And we're recommending that we
 So,
 I just think that the happenstance is that that issue got raised in regards to this appointment
 That's a good day, I guess we should just go.
 So we have potentially three people that we would consider for our one appointment.
 Yes, you came out.
 Michelle has done an outstanding job throughout the year of getting that into place.
 The next.
 Currently, the way it's structured is there's one of the school board recommendations in one year and two in another.
 I'm not sure if that's the right way to do it.
 I understand my recollection from the discussion was that the classroom designed for the classroom, which was the prior restaurant had been there for years.
 does have the wrongful act coverage up here, and he has it on the primary and the umbrella.
 Some of these aren't really objectionable, at least in my mind.
 Look, Madam Speaker, I believe that a strong nation can do both.
 Madam Speaker, as Congress begins to examine the President's latest war funding bill, we will once again demand that the President change course in Iraq and to get a responsible plan to bring our troops home within the year. Thank you.
 This one must step aside to allow Belarus to join the modern world rather than to suffer under the oppressive and selfish rule of one man. I applaud, Madam Speaker, I applaud.
 Madam Speaker, SCHIP continues to be used as a political game by Washington liberals. Sensible, effective compromise does exist to bring meaningful bipartisan support for this necessary program.
 It's our money, and we deserve to know how it's being used.
 The President believes it's acceptable to spend billions of dollars in Iraq while important domestic priorities here in our own country go unmet.
 then bring a bill back to this floor that restores the ability of the United States to find out about our enemies before they attack.
 I'm happy to report that the Senate letter of infamy was auctioned for $2.1 million, an amount Rush says he will generously match.
 Four of the soldiers were killed and three others were taken hostage.
 The health of our nation's children is more valuable than making more of a mess in Iraq. My friends, enough is enough.
 and so that we are no longer sending more than $2 billion there every week.
 reflect back on last week when we had a most important vote scheduled for this floor that somehow was removed. It was called the FISA vote.
 Thank you, Madam Speaker. President Bush and about 10 House Republicans are all that stand between 10 million children and the health care they need and deserve.
 strengthens the middle class by cutting interest rates in half and subsidizes student loans over the next five years.
 I offer a privilege resolution that is at the desk.
 One thing that we're seeing is that the alternative minimum tax, Madam Speaker, is set to rise at a level so unprecedented the American economy has not experienced anything like this in the last 40 years. Right now, the tax burden for the average American and to the economy is about 18.5 percent of GDP.
 yields back for what?
 today to acknowledge the pro-democracy rally that took place in Belarus on the 7th of October.
 In tribute to their brave service, seven members of the brigade were awarded the Silver Star, the United States' third highest award for combat value.
 What purpose does the gentleman from Wisconsin rise? That objection, the gentleman's recognized.
 Madam Speaker, when will it end with Blackwater? Probably not soon enough. Just yesterday, the Committee on Oversight and Government Reform released findings that show that Blackwater has potentially misclassified hundreds of workers in Iraq and Afghanistan, evading taxes and costing the taxpayers in the United States at least $30 million.
 was a two-time city councilman.
 And here are some facts to keep in mind. SCHIP saves tax dollars by sending children in need to the doctor's office, not to the costly emergency room. And over 90 percent of those in SCHIP earn less than $41,000 a year.
 domestic violence is an issue which too often is swept under the rug or ignored.
 We can't afford spending for health insurance for our children, but billions of dollars of spending and no-bid contracts for Halliburton. We've increased the debt, we're putting it on our kids' shoulders, and now we're telling our kids we can't afford to help them with the x-rays. I thank the Speaker and yield back the balance of my time.
 A sufficient number having risen, the yeas and nays are ordered.
 here today to voice my support for everyone impacted by this horrible nightmare. This
 this means this money will come out of the pockets of the American taxpayer and will
 Whereas the member from California, Mr. Stark, engaged in personally abusive language toward the President and members of the House, including the use of language that impugns their motives.
 The Children's Health Care Bill is on its way, either with or without you.
 The Arrowhead Brigade has been a trailblazer for the Army, as the first brigade to be outfitted with the Stryker combat vehicles, the first Stryker brigade to serve in Iraq,
 The President's irresponsible, open-ended commitment to the occupation in Iraq continues, while the number of American children without access to health care keeps climbing. Madam Speaker, yesterday, the President asked Congress to borrow another $196 billion to continue his failed, blank check, no-plan policy in Iraq. But he and his Republican friends in this body apparently feel that spending $35 billion on a highly successful program that provides health care to one insured
 saw a higher calling and a need to address a higher subject, he ran against an incumbent city councilman at the time unheard of and was elected at large, one of the first African Americans elected at large to the Memphis City Council.
 taking control of Congress, Democrats have worked to pass legislation that will help families once again live the American dream.
 world must not tolerate evil dictators.
 momentum behind this historic bill is growing exponentially and will not be stopped. To those
 Since then, the church has grown from just over 200 Sunday school to over 2,000, placing it among the fastest growing Sunday schools in Arkansas and the nation.
 He was a supporter of mine who although he had a stroke and had difficulty walking, came down and did a political ad for me when he could hardly get up the stairs. And on television it was like an angel speaking.
 The resolution qualifies for
 Members, this is a gentleman from California, rise. Gentleman's recognized.
 on the other side of the aisle to join us in this compromise approach to help put our poor children first. And I yield back, I announce my time.
 their contribution and sacrifice will not be forgotten.
 Speaker, I will close with the fact that this year we're looking at 23 million Americans impacted. I thank you.
 Our FISA law, as the President has requested, needs reform, not the flawed bill the Democrats are seeking to pass here.
 The Pledge of Allegiance will be led by the gentleman from Arkansas, Mr. Boosman.
 purposes the gentleman from Iowa rise. Without objection the gentleman is recognized.
 makes S-CHIP a program for those who it was intended for.
 For what purpose is the gentleman from New Hampshire raised? The position you addressed the House for one minute, advise and extend my remarks. Gentleman's recognized.
 Differences that they spent on the wrong things no spending we can't afford health care for children But billions of dollars in tax cuts for the most profitable oil companies on earth
 His son, Kenneth Jr., is a pastor and a member of the school board. His son, Kirk Whalum, is a world-renowned saxophonist, and his other son, Kevin, is a musician with a contract and a poet.
 purposes the gentleman from Missouri rise. That objection the gentleman's recognized.
 Madam Speaker, recently Congress passed House Resolution 590, supporting the goals of Domestic Violence Awareness Month while raising awareness of domestic violence throughout our country.
 have never seen this level of taxation in our GDP.
 Whereas the member from California, Mr. Stark, dishonors not only the Commander in Chief, but the thousands of courageous men and women in America's armed forces who believe in their mission and are putting their lives on the line for our freedom and security.
 CHIP supporters are even more determined than ever to get this done by the mid-November deadline.
 the first Stryker Brigade to complete two tours in Iraq. During their recent deployment, the Arrowhead Brigade supported operations in Mosul, Baghdad, Bukuba, and other critical areas.
 Thank you, Madam Speaker, I yield back.
 It is time for this dictator, who cheated his way into office by stealing the elections last year, to step aside, to step down, and let the people decide who should lead their country through legitimate and clean elections.
 He was also a Postal Service employee and had a career there and rose to the ranks of Director of Personnel.
 And over the last six years, college costs have shot up 40%, putting higher education out of reach for most Americans.
 Madam Speaker, it's my pleasure to introduce a good friend, a man who ministers to the men and women of Western Arkansas, a man of God, our guest chaplain, the Reverend Bobby L. Johnson of Van Buren, Arkansas. He has been pastor of First Assembly of God in Van Buren since June 1980.
 I share his loss greatly.
 Those blocking the S-CHIP reauthorization from becoming law, I say either get on board, get out of the way, or get run over.
 What purpose does the gentleman from Mississippi rise? Madam Speaker, I move to lay the resolution on the table.
 Thank you very much Madam Speaker.
 purpose does the gentleman from Washington State rise? That objection, gentleman's recognized.
 I want to express my deep condolences to the 3-2 Brigade and the families of those fallen soldiers.
 that I'm very concerned about as I know most of the members in this chamber are as well. In 1969 when alternative minimum tax came in it was 155 people.
 back.
 Thank you.
 Pursuant to clause one of rule one, the journal stands approved.
 We've lost a great leader. Thank you, Madam Speaker.
 Thank you, Madam Speaker. Last week, the rubber-stamp Republicans in this House once again held true to their name by voting to stand with the President and rejecting health care coverage for 10 million American children.
 many great families in the city of Memphis to get involved in politics, but none greater than the Whalums. The hair of the hypocrite never was upon this family,
 Speaker, I
 And I will say, Madam Speaker, that I was struck by some of the mispriorities that I heard about. The same people who said that we can't afford health insurance for our children increased spending 7 percent a year since 2001 and voted to increase our debt limit four out of the past five years.
 We listen to the argument that we can't afford providing health care for our children, despite the fact that our S-CHIP program was entirely paid for.
 While the President was crafting his $196 billion war supplement, the Democratic House approved appropriation bills that included targeted investments in our priorities here at home, education, health care for veterans, more police on the streets, caring for American families.
 I applaud the courage of the protesters who took to the streets in Belarus, and I stand with them in their quest for freedom, democracy, and the rule of law. Thank you, Madam Speaker.
 The Kids First bill, of which I'm a co-sponsor, adds 1.3 million new children to the SCHIP program by 2012. It encourages the states to move children to private coverage.
 my colleagues to join me in supporting this common sense legislation.
 purposes the gentleman from Tennessee raise. Gentleman's recognized for one moment, one minute. Thank
 That brings the total to $4.2 million.
 have to tell the President not a nickel more for this war. Since the beginning of the year, congressional Democrats have been trying to change our war policy from one where our troops will stay there for more than a decade to one where we have a responsible redeployment and bring the troops home next year.
 What happened next is a travesty and a failure of our public policy in support of the troops in the field.
 It's a question of how we enable ourselves to protect us and our children and our grandchildren against the attacks of those who are terrorists around the world.
 President asked for permission to spend $200 billion in Iraq. Well, it's OK to ask, and it's OK to respond by saying, no, thank you.
 Instead, we support a responsible redeployment out of Iraq so that the Iraqis can finally take control of their own fate.
 I am deeply disappointed in the President's dumbfounding veto of the S-CHIP bill, and the reneged on his pledge he made when running for re-election in 2004.
 also able in this bill to increase the maximum Pell Grant scholarships by 500
 The clerk will report the resolution.
 we don't scale back on the alternative minimum tax, we're looking at the tax burden of GDP being almost 24 percent by mid-century. We
 As part of the Domestic Violence Awareness Month, I'm wearing a purple ribbon to raise awareness about the crime of domestic abuse as we work toward ending this violence. Thank you, Madam Speaker. I yield back.
 Speaker, I rise.
 The chair will now entertain requests for one minute speeches.
 objection. Gentleman's recognized.
 the Arrowhead Brigade lost 48 of their comrades, with another 700 wounded.
 One out of five women and one out of 14 men have been domestically assaulted at some point in their lives. In my home state of Nebraska, there are more than 5,800 protection orders needed for those living in fear of violence.
 He was a father.
 is a better way of doing things in America, and by working together, we will find it and guarantee access to health care for all those in need. And I yield back.
 Yeas and nays are requested. Those favoring a vote by the yays and nays will rise.
 Justice the gentleman from Pennsylvania, with that objection, the gentleman's record.
 This is an issue which affects millions in urban and rural areas alike. It crosses economic lines, geographic lines, and ethnic lines.
 go into the coffers of the federal government. This is
 a leader in our community. For 30 years he was the pastor at Allabette Baptist Church and very highly respected in the community and the clergy. And for
 This comes a few weeks after the same committee discovered that Blackwater is raking in potentially $100 million in profit off of their government contracts.
 forth the goal on the one-yard line. Working together, we can overpower anyone left blocking the way. I yield back.
 In addition, the Arrowhead Brigade constantly remained prepared to mobilize and deploy anywhere in Iraq for any number of contingencies within 24 hours.
 as on October 18, 2007, in a press release, Representative Pete Stark is quoted as saying, I respect neither the commander in chief who keeps them in harm's way, nor the chicken hawks in Congress.
 time as a district councilman, community known as Orange Mound, and then when he
 excited to be a Democrat and I always take pleasure in giving reasons for why I am a member of the Democratic Party.
 Madam Speaker, I want to bring before the body this morning an issue that needs more attention, not less, and that's the issue of the huge blob that ate the American dream called the alternative minimum tax.
 The member from California, Mr. Stark, stated, you don't have money to fund a war on children, but you're going to spend it to blow up innocent people if we
 everyone join me, including those in the gallery. I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Ladies and gentlemen. Without objection, the gentleman from Arkansas, Mr. Boosman, is recognized for one minute. Thank you, Madam.
 was a leader in being bipartisan as well.
 And you kind of wonder why they are doing this.
 On October 11th, the last of the roughly 3,800 men and women of the 3rd Brigade, 2nd Infantry Division, returned home to Fort Lewis after completing their second deployment in Iraq.
 to spend our tax dollars right here at home.
 Resolved, that the member from California, Mr. Stark, by his despicable conduct has dishonored himself and brought discredit to the House and merits that censor the House for the same. Resolved, that the member from California, Mr. Stark, is hereby so censored.
 charitable organization provides financial assistance to the children of fallen Marines and law enforcement officers. I wish
 Men and women of the 3-2 Brigade have done everything our country has asked of them and more. We all should have the utmost respect and admiration for their service and sacrifice.
 For what purpose is the gentlelady from New Hampshire raised? Gentlelady is recognized.
 come humbly and thankfully to you, humbly for allowing each of us to be in our positions, and thankfully for your guidance to this time. None of us knows what this day holds, but we trust you to see us through every decision we make. Help us to realize that it is by your hand that we are free and well. Grant us wisdom to know the right thing to do in every decision, and give us the strength to follow through with what is right regardless of
 When John Conyers came to Memphis in February, he made it up a whole flight of stairs to see John Conyers, and a happier man I have not seen.
 had a family which the city of Memphis is proud.
 In conclusion, God bless our troops, and we'll never forget September 11th.
 In fact, the 86% of Americans who support this bipartisan CHIP reauthorization might be interested to know that for the cost of just 37 days in Iraq, we could provide health care coverage to 10 million children.
 was a leader in biracial politics and activities in the city of Memphis. He
 be fiscally responsible, and you can take care of your children.
 Thank you.
 just isn't right for execu
 For what purpose does the gentleman from Missouri Rice? That objection, gentleman's recognized.
 I support SCHIP and I'm committed to ensuring that it's a successful program, that it helps children who need it and the children for whom it was really intended for, those who are in poverty.
 Mr. Speaker, it is clear that President Bush has no intention of changing the course in Iraq in any way before he leaves office in January 2009. In fact, both the President and the Pentagon have recently said that they expect American combat troops to be in Iraq for another 10 years. And just yesterday, the President requested an additional $196 billion to fund the war in Iraq for the upcoming year. The
 search for a kidnapped U.S. soldier was halted so that lawyers could find grounds to have the Attorney General grant special permission to listen in on the communications between individuals in Iraq.
 Members will record their votes by electronic device.
 actually gave greater protection to Osama bin Laden in a telephone conversation than an American citizen in the United States accused of a crime. Restore. What does it mean? Repeal effective surveillance techniques opposing real enemies. Go out to NASA and see what they're doing. Understand what we need to do in this country.
 letter to Limbaugh's employer, a tack rush for comments blatantly distorted by media matters regarding persons who had lied about their service in the military.
 Madam Speaker, our nation's values are reflected in how we spend taxpayers' hard-earned money.
 the Iraqi government knows that we're going to be there for 10 years, they have absolutely no reason to make any of the tough political compromises that they promised they would make when the
 All in favor say aye. Opposed say no.
 What purpose does the gentleman from Ohio raise? Madam Speaker, on behalf of the courageous men and women of our armed forces who are putting their lives on the line for our freedom and security,
 mission is bringing the word to the people through his extensive outreach from mobile ministry to television and over the internet. A graduate of both the University of Central Arkansas and Evangel College in Missouri,
 program continues to focus on low and moderate income families who earn too much for the Medicaid program but can't afford private health care. The
 This gentleman from Louisiana. That objection, gentleman's recognized.
 What purpose does the gentleman from New York rise? That objection. Gentleman's recognized.
 In this event, thousands of protesters flooded the streets of the capital city in support of democracy and to demand free and fair elections.
 law is the single largest increase in college age since the GI Bill.
 It is my honor to welcome Pastor Johnson to the House of Representatives and thank him for his service to his calling and to the people of Arkansas. I yield back.
 Speaker, House Democrats are committed to bringing our troops home, but we can't do it alone.
 The opinion of the chair, the ayes have it.
 Sometime before dawn, heavily armed Al-Qaeda gunmen made coordinated surprise attacks on the soldiers.
 Whalum Sr. Kenneth Whalum Sr. passed away last night. He was a pastor, he was
 It's a matter of how long it will take.
 families manage to be fiscally responsible and take care of their children. It's just a matter of priorities.
 purposes, the gentleman from Florida, rise.
 The idea of discrimination and bigotry or intolerance never graced them either.
 That is why I, along with Mr. Welsh and Chairman Waxman, have introduced legislation to require that private government contractors receiving more than 80 percent of their revenue from federal contracts, like Blackwater, must disclose the salaries of their most highly compensated employees.
 Democratic Congress rejects the notion that our troops are needed in Iraq for the next decade.
 yields back.
 States First provides $14 billion in new S-CHIP allotments, and it includes $400 million in grants for outreach and enrollment. This is a sensible approach.
 A 15 minute vote.
 A search to rescue the men began immediately, but was brought to a halt because of our FISA law by the need for military lawyers to jump through legal hoops in order to gain approval to conduct surveillance of terrorist communications. Ten hours passed before they were granted such permission.
 We do it in many ways, but absolutely essential is intelligence. The FISA bill, the Foreign Intelligence Surveillance Act, would have been destroyed by the bill placed on the floor last week by the majority, the so-called Restore Act.
 Speaker, last week, America's number one radio personality, Rush Limbaugh, auctioned off for charity a letter shamefully signed by a group of 41 Democrat senators.
 rather than encouraging us to invest in the good health of our children here at home, the President
 troop escalation began earlier this year.
 All in favor?
 yields back.
 The bill to reauthorize SCHIP continues coverage for 6 million kids currently covered and provides incentives for another 4 million kids who have been falling through the cracks of the health care system.
 Madam Speaker, I am pleased, I am excited to be a Democrat.
 Pastor Johnson has taught public high school and pastored three other churches in Arkansas.
 one son in college today and I can tell you that I'm excited over the fact that we passed and the president did in fact sign the College Cost Reduction Act of 2007. This
 Mr. Speaker, last week, despite the best efforts of the Democratic majority and about 44 Republicans, we were unable to override the President's veto of health insurance for the children of poor and working families.
 The protesters shouted Belarus and Europe and they waved European Union flags to express her outrage against Alexander Lukashenko. That's the person who the State Department has labeled the last dictator of Europe.
 The gentleman yields back the chair.
 I hope this outrageous funding request serves as a wake-up call to my Republican friends and starts a new dialogue to bring our troops home. I yield back the balance of my time.
 Speaker, in the early hours of May 11th, seven U.S. soldiers were on lookout near a patrol base in Iraq.
 On that, I ask for the yeas and nays.
 Thank you, Madam Speaker. The City of Memphis, Tennessee has lost one of its finest citizens,
 This issue is not going away. We will prevail.
 a family man, he was
 no segment of our population is immune.
 is a big concern, Madam Speaker.
 Let's go all finish this job for children's health care in America.
 On several occasions, they were asked to secure downed US aircraft in the sites of numerous suicide attacks.
 We've got to get this situation under control.
 can get enough kids to grow old enough for you to send to Iraq to get their heads blown off for the President's amusement.
 For eight years he was a city councilman.
 I am very pleased to have the opportunity to address the House.
 For what purpose is the gentlelady from Minnesota raised? To address the house for one minute and to revise it. Gentle ladies recognize. Thank you.
 resolution 767, whereas United States soldiers and personnel in Iraq are fighting to protect innocent Americans from being attacked by Al Qaeda and radical jihadists who are determined to kill the American people. Whereas on October 18, 2007, in debate of HR 976, Children's Health Insurance Program Reauthorization Act,
 chair
 few people like Kenneth Whalum Sr. in the City of Memphis, there will be few to come.
 Last week, 44 Republicans joined the Democratic majority in attempting to override the President's veto of the state children's health insurance program, known as S-CHIP.
 We listened to the comments of our colleagues on the other side of the aisle. It is obvious that what they intend to do is to make this S-CHIP week, S-CHIP month.
 Thank you, Madam Speaker. I rise today to pay tribute to a U.S. Army brigade from Fort Lewis, Washington, that has served with distinction in Iraq.
 whereas the member from California, Mr. Stark, has failed to retract his statement and apologize to the members of the House, our Commander-in-Chief, and the families of our soldiers and commanders fighting terror overseas.
 yields back. For what purpose does the gentleman from Nebraska rise? That objection, gentlemen, is recognized.
 Yesterday, President Bush asked Congress to rubber stamp his plan to spend $196 billion next year on the war in Iraq.
 The money will be donated to the Marine Corps Law Enforcement Foundation.
 The chair has examined the journal of the last day's proceedings and announces to the house her approval thereof.
 He knew the post office was being named for him before he passed. I'm happy he knew that. I'm happy I knew him.
 For that reason, this House and this week with the President's action, the post office of 3rd Street in Memphis, Tennessee, will be named the Kenneth T. Whalum, Sr. Postal Building. That is a tribute to his work and to all postal employees.
 to commend Rush for overcoming what was clearly a political ploy to chill his First Amendment rights of free speech. Rush took an abuse of power by Democrat leadership and turned it into something positive. Between Rush Limbaugh and Senate Democrats, America knows who really supports our troops.
 The spending priorities of the President's Republican allies in the House are simply out of line with the priorities of the American people.
 I do think I'm stumbling.
 In terms of all the analysis, including the materiality,
 I think is critical to this. The acquittal, the argument would have certainly been stronger as to the burgeoning testimony had he been convicted, but thankfully.
 every reason to believe that they are. What do you say about the barricades? Well, first I would say it's not preserved.
 know was actually false or did they know it was inconsistent? Let the jury sort it out.
 this, you take away the murder indictment that's between me and all of eternity, I'm your man.
 Show me where in the record, where the agreement, the government was required to give the 5K. Mandatory language.
 or which one?
 Okay, please.
 I agree.
 You can't say, well, there's an acquittal on this, but Mr. McAfee, Martin Lewis, was convicted of it.
 This is the sentencing challenge.
 Mr. President.
 Thank you.
 saying version of the offense that simply are not correct.
 not relying on those arguments here.
 to the government.
 Thank you.
 that the whole system rests upon.
 The government submitted it. I've got nothing specific to rebut as far as argument, and we'll submit it.
 I have not heard any argument linking any of the counts of conviction that either of these defendants faced to Cartwright's statement.
 cross-examined by Mark Lewis Council, who at that point raised the issue of the abduction
 Mr. Cartwright, he did not change his testimony.
 Can I just talk to you on the first floor? Yes. Is that right?
 We do not need to address whether there was a period of violation of the confinement of prejudice.
 And that mitigates this, but it doesn't give us back our opening statement.
 And I think that's a very important point.
 I don't need to.
 will benefit us
 Stengel, McAfee, and Simmons for appellants.
 Now we're actually Clinton-less on the appeal.
 And Brady asked, going back to Judge Marbley's initial question, did we disclose in time for the defense to make effective use of this at trial? Now, on the point of crafting opening and closing arguments, this court in Vex says, well, when we're looking at Brady prejudice and materiality, we're looking at issues of guilt or innocence, not matters of trial strategy.
 I
 Why was this not disclosed?
 Also my friend on the other side, Clinton Lewis, focused on the testimony related to the Turner kidnapping.
 He is the critical witness against Clifton Lewis.
 Go ahead.
 to show that a variance only occurs when the trial evidence can only be construed as showing multiple conspiracies.
 that your severance argument receives only plain error review, and as much as the most not read?
 said at the outset of our brief that as a matter of our own expectations and our own policy, we should have disclosed sooner. And we've been completely candid about it.
 that's what they come out as inconsistencies and it doesn't prove anything ahead of time.
 Thank you.
 Okay.
 One person taking the bus from Cincinnati to Columbus to get there at 4 o'clock. Another person taking a car that gets to Columbus at 4 o'clock.
 and our child.
 I was trying to address that.
 So yes, I think he is saying that Clinton Lewis was not involved in that gun and that
 And I think that's a good point.
 I don't make the call.
 It means when you discover that you don't have it when it's asked for, but you later come into possession of it, that's ceasable disclosure.
 And Mr. Spangl, Mr. Mack, Mr. Simmons, I see you're all three-quarter pointed, which we really are grateful for.
 these small discrepancies.
 So wouldn't we be in essentially the same position once again, even with the 5K made, that the government adhere to the same position that it was not going to recommend a particular sentence? No, because the potential 5K language in this plea agreement specifically stated that if the government moved for a 5K, it would recommend a sentence of 20 years or less.
 Wouldn't you, I'm gonna respectfully disagree on that.
 Yes.
 I'm not reading those questions.
 Your son might think it's great just to go to school and we
 charge him with that or alleged he was participating in that.
 setting. The center position, again, it was plane error. We're not
 I've been sawing for you for a little while.
 It's not good enough to say, well, I know they had a lot to look at over that six and a half weeks, but the jury blessed it, so we're done. And it's just inconsistencies. Yes, that is good enough when it's, well, I can't remember if his suit was, was it navy, was it dark blue, or was it black? That's an inconsistency, but
 With this, most of the really good variances that matter for me, for Martin Lewis's case, the government can't make it without Marcus Brandon.
 You've done opening statements without having been given jinks material before trial, right? But I can't get jinks material after a witness that I'm going to cross-
 in terms of different things.
 So I'm just gonna look.
 these discrepancies regarding the testimony cutting, excuse me, what discrepancies
 at this stage on a field up to the other side to come in yeah
 that everything's irrelevant.
 The materiality problem being defendants must show a reasonable probability that had we disclosed this sooner, the result of the proceeding would have been different.
 them, actually slapped the victim, and then I walked away. So that is the discrepancy, it's a degree of participation.
 Somebody's lying to me.
 It's a lot.
 You know, this plea agreement vests discretion.
 That's how conspiracies are tried, right? At least in my book.
 I was told over and over pre-trial, you've been given the decision. You've got it. We were told over and over prior to the trial, we've turned over all the Brady.
 And that's the test of Brady and the requirements of Brady don't ever set under your paradigm.
 And I.
 I will be addressing the claims related to the two Lewis defendants.
 And when you look at all the testimony regarding Martin Lewis, you find just weeks and weeks and weeks where there's no testimony.
 make it without Carlos Whitelow because their testimony is essentially that Carlos Whitelow sees Mario McNeil, says he's over here and he waits in a certain place until Martin Lewis is directed, driven over and kills Mario McNeil.
 One person may be involved in drug trafficking, one person.
 So
 When you look at all of the different testimony on this, first you have to look at Marcus Brannan because the government withheld information until after Marcus Brannan had testified.
 the steep hill that you have to climb here today.
 not involved in the killing. All of those things have to do with Marcus Turner's abduction, and they are, every one of them, trying to minimize what they themselves did when it comes to this horrendous crime to Marcus Turner.
 not James will do, he will break it.
 You had it when they asked for it, you made a tactical decision not to disclose it because it gave you a benefit to disclose it later as a jinx, and you withheld it.
 So all of them have to be errors? Yes. If they're not errors, then it's not going to be a cumulative error.
 That's a discrepancy.
 He was naked, he was bloody, he was...
 didn't call cut right to the stand.
 Bye.
 So even if the government had moved for a 5K, sometimes the government can move for a 5K and not suggest the extent to which the court would have to move.
 The statement in Banks was, if it's covered by the Jancks Act, the Jancks Act overrides Brady with respect to the timing of the disclosure.
 I would suggest from reading this court's cases that it's not always easy to determine whether you have that.
 They admitted it and they were thoroughly cross-examined as to their expectation of receiving some benefit for their testimony.
 those two things is both inconsistent and perjury.
 And since there was no actual harm, or at least no harm that you pointed out thus far from you getting the brain material and you were given the opportunity to cure him, what's the prejudice? We were prevented from curing him by not being allowed to put on Detective McKenzie, who could say, we had probable cause to indict Marcus Bramman, Terry Peet, and Clinton Lewis.
 That's correct.
 We've got to keep them straight ahead.
 Are you sure that it was Clinton Lewis who abducted Mr. Turner?
 shouldn't you be trapped together? I mean, I realize that conspiracies have bigger players and smaller players, and I get that, but it's still a conspiracy.
 decision of the trial counsel which we think could take it back and do an effective cross-examination.
 the final point of any purge on any claim that the government's one person that we knew that we were doing this and again
 really said well calling the witness it doesn't matter so
 Those are inconsistent too.
 for substantial assistance.
 What does Mr. Brody say? He says, Clinton Lewis, Bechavon, Marcus Brandon abducted this man, hauled him to a van.
 Okay.
 The question in this case is did our mid-trial disclosure violate the standards of Brady? And the answer is no.
 that this should have been disclosed earlier.
 is why Brady matters so much here and it's why the Perjury Testimony matters so much here because that's really the only way we really have a trial.
 Yeah.
 Okay, thank you, Secretary.
 here had a common goal they were working for the organization to traffic drugs throughout the southeastern United States the nation.
 Those are very unique.
 But when you look at, when you break down what those three, really what all those witnesses around that murderer had to say, they're not consistent. And clearly, the government knew about that prior to trial.
 I wasn't there during the torture of him and I wasn't there during the killing.
 I think we understand your argument as to the Lewis's.
 Yes, sir.
 It's all in the brain too, that it's an heir.
 make it without Terry P.
 But if one of you says, Mr. McAfee argued before me today, the other one says, well, he didn't make much of an argument, and the other of you says, he wasn't there at all, that's not inconsistent. It's wrong. One of them's wrong.
 statement or directly on count three, the murder of Turner and Ada Rappaport. And the jury acquitted on that.
 You spend hours proving that Martin Lewis was involved in this far flung.
 The prejudice in here in the delay itself, you also got the braver materials and you were able to cross-examine Cartwright or examine Cartwright and you were given the opportunity to cross-examine Bramden and detect a George, which is the same thing you would have been able to do had you gotten the braver material in time, right? You would have had the opportunity, but I think to effectively cross-examine him after he has already been cross-examined and the correct examination is a greater advantage at that point.
 what to ease discrepancies or how do these discrepancies affect the verdict? And the answer is it's very hard to see in this case because
 Brandon says, I was there at the initial abduction but I wasn't a part of it. I saw
 Mr. Brandon cannot be telling the truth when he says I have nothing else to do with it.
 And
 I could
 there was no Brady problem issue. The test of Brady is did we disclose in time for the defendants to make effective use of the trial. That's the question of whether a Brady violation occurred.
 say shell or will like we had in Lewinsky, isn't that right? That's correct.
 I think in this case it's different because usually the conspiracy is a triangle. We didn't cooperate and witness this plus.
 and I appreciate it.
 like Judge Sutton just said.
 I will now ask the court to please call the witness, David Lieberman, to the podium.
 I think I got most of it.
 is a single chain or is this a web. When Congress passed RICO, it was designed to target conspiracies to engage in enterprises that were involved in multifaceted racketeering activities.
 Lewis did this or did that or was involved or was there or was guarding or saw it, was delivering, dealing, any of that.
 over by Terry Peete and then confesses about his actions to Marcus Rand.
 These are also witnesses that are essential to the government's case against Martin Lewis.
 That is the tribe.
 So you're
 and then withholding the aggregate, you do not have a fair trial.
 And so, you know, it, and pre-trial is, I think, by all accounts, a critical period, because you have to be able to get the right people to do the right thing.
 So what do we do when you do something like that? Discourage you from doing it again, because I know that you know Mr. Lieberman.
 Nothing in my brief and nothing in my argument today is relying on the Jake sound.
 he played a minor role in it and did not otherwise participate in it.
 campus the biggest one.
 What's very unique in Mr. Fields' situation is that there was a stipulation that Mr. Fields provided substantial assistance to the United States, which the district court ultimately, in sentencing, described as extraordinary.
 I think cross-examining cures a lot of that because then the jury has an opportunity to evaluate whether we trust that testimony, right? That's correct, but I'm going to go back and talk.
 Yes, on more than one occasion.
 So we needed to cross-examine the witness.
 Okay, I agree that that would just be inconsistent.
 I asked the jury to do that throughout the six and a half week trial.
 It's not like, you know, this is kind of analogous to the Brady situation, right?
 give the judge a basis to depart out with it.
 If we're going to believe that this system is going to make sense, we have to rely upon the stock cameras.
 given an opportunity also to, then you get a chance to cross-examine Cartwright once you've got the new braided stuff. Cartwright was called in the way that survived Clayton Lewis.
 And again, courts have been very clear that the fact that we have witnesses who offer inconsistent statements will not impute knowledge of perjury, knowledge of falsity to the government.
 And I think that's a good point.
 I mean, if there's enough to have an indictment that there was an agreement to do criminal business with somebody, I don't know.
 he turned Turner over to Clinton Lewis, Marcus Brandon, and Terry Peete. Mr. Whitelow admitted that he participated in the abduction, released Turner to Terry Peete and Marcus Brandon.
 that our trial team gave was based on statements that this court had made in press or in banks in Brazil.
 Lewis was acquitted of that and yet he was convicted by the jury verdict with the conspiracy behavior surrounding that.
 What was the words? Need not fascist.
 The second is that the defendant is not a defendant.
 So the situation, and it could be misremembering, but the situation that we have here is actually very similar to the facts in banks.
 So a difficult harmlessness argument gets a little easier the more I have a second.
 But just on service and say this, the only way we get to your but then I thought about this is if you believe the witnesses they put on.
 I don't want to see us eviscerate Braven with death by a thousand cuts.
 and undoing prejudice by failure to bring up a set of words. And we would want that issue to be considered.
 those guideposts and under a variance standard, a sufficiency standard, this and under plain error review, this conviction on count one should stand.
 Mr. Pete is lying or these other witnesses are lying.
 days of testimony, 75 witnesses, 350 witnesses.
 Is inconsistency the equivalent of falsity to equate to perjury?
 The question is have we connected it back up the line to the enterprise? And the answer here is clearly yes by all of this court's guideposts.
 was a big deal.
 There's no claim at trial without variance.
 I was not renewed at that.
 So how, what can we do to ensure that this doesn't happen again? Your Honor, when you write your opinion, you're completely free to repeat the government's concession here, that we should have disclosed this earlier, and that our failure to do so, while regrettable, did not violate Brady.
 So you're focused on Turner. I'm looking at that.
 if you can say Mr. McAfee, if you will say ABC and of course I can't prove that they said that and I don't think they said that, but I will say
 The government was not required to give him a bi-pay.
 If the question is, was the bite yellow or was it red, that's inconsistent.
 Okay.
 My name is Jim.
 I
 When you can show to a jury inconsistencies, and you are entitled to do that before we should honor this jury verdict.
 Thank you.
 The question under, and I know we're engaging that. Can I just ask you something? Why can't, tell me what is wrong with this way of thinking about the case?
 I can also say that this is something that the department and the U.S. Train, in this case, treats very seriously, and the U.S. Train has individually addressed this episode with members of the trial team.
 and
 and get rebuttal.
 Thank you.
 I don't know, I felt like that had a really great caption, but then when you read it, you realized your theory of perjured testimony is the government's putting on witnesses, and I guess it probably does count as perjured testimony if they're both saying opposite things. But what you had was the only time they were saying opposites was as to immaterial points.
 in a lighted state.
 And I have not heard any fact, any argument, any piece of evidence or testimony that was not presented to the jury as a result of our mid-trial disclosure.
 cross-examined by Mr. Lewis Counsel, Clint Lewis Counsel, who read his no issues regarding the abduction.
 That's an explanation. We're going to put someone on the stand. I understand why that helps you.
 the rear down.
 I traded that gun with Mr. Brannon. And that is my— Doesn't he say Clinton Lewis was there? Pardon me? Doesn't he say Clinton Lewis was there? In other words, even when he changes his testimony, it's not completely ex-copy.
 me to minimize anything anyone did in this.
 And the jury take that away from her. Were you getting a chance to put the witness back in the stand? Yes, sir. We were.
 Mr. President.
 only breathing.
 concededly both a steep and a high field for Mr. Fields to climb.
 Good morning, your honors.
 I was listening to the argument, and why is this case different? And I think there's something that makes this case different from your typical conspiracy case in that it's a statement made by Marcus Brown. It said, on cross-examination, why do 10 when you can do a 3? That's what his father told him.
 clients are grateful for.
 I could move on to the claim that the government presented perjured testimony.
 did everything together with Clinton Lewis.
 I would encourage the court to take a look at the transcript of the Brady hearing, that's document 1360.
 Whether or not the government is correct
 This relates to the pretrial statement of DeMarcus Hartwright. The defense argues that our disclosure was unduly delayed in volatile or breaking.
 The point is that the court has a right to decide whether or not to acquit a person.
 Sort of like a sufficiency standard
 didn't want to concede it because I don't want you to ignore it because the government did oppose what was clearly relevant promise.
 This gets to the same places like
 I thought to myself, but wait, this is a conspiracy case.
 knew about it before the trial.
 It was a murder weapon.
 he lays out in full its explanation.
 I'm putting a question. I get my question.
 Brannon says, well, I witnessed the abduction. Sir Clinton. Do we need to be one person? In your theory, is it one person who did all of those steps? Well, if you listen to the different versions. You said somebody did it. No, no, you're right. You're right.
 We appreciate it. Thank you for the briefs.
 matter.
 to be quite frank with overbound efforts.
 argue that. But Cecil, the disclosure, is not related to government trial tactics and strategy.
 You just inconsistent.
 anything to add.
 You're saying it's a complete, quote, variance response to show that there was sufficient evidence to show the global big conspiracy. Yes.
 So there would have been a recommendation and a commitment.
 I think if you, and I'm going to tell you, this is a sea of information.
 was not in any way inculcated in that episode.
 So I think I'll just.
 And I'm sorry.
 Well
 The government did not call Mr. Cartwright.
 materiality. What did
 I'm cold, Brian. I might think it's green.
 We know what Brady means and we will continue to follow that obligation.
 Is this a distinction that you were buried in the park? Is that what this all comes down to? Is this a distinction without a difference? Is that what this comes down to? This court may well conclude that.
 That's the discussion.
 I am not the type of person to ask.
 Because Brady is pre-trial disclosure and they filed a Brady motion.
 Mr. Fields' position that once the government stipulated that he had provided substantial assistance, that they had an obligation in good faith to either make the motion or prove by a preponderance that there was a breach of the plea agreement?
 I said all these witnesses.
 We did not create the problem.
 put into the back of the van. And Mr. Brangham was present, participated.
 And the logical sequence is that whoever traded the gun was also the one who committed the murder.
 I had a son.
 I better stop there.
 towards the variance from the... Okay, well, on the severance, I will say, I'm thinking about this case, I did have this point where there was a stage where I was saying to myself, it really does seem prejudicial to have these cases all together.
 That is a separate murder in the government's vast conspiracy theory.
 Is there anything else you feel compelled to say based on what your friend on the other side has said? I am happy to rest on my beef for all the other claims that you've made over to my colleague. Okay, thank you.
 I have a question.
 Richard will be dressing the sentencing claim by Demetrius Feens.
 It's really hard.
 Do you mean that you could have, you know, something counts as reversible there and scalable in 10 months, 9 or over?
 The government had two main witnesses, Clarence Brody and Demetrius Fugles, which walked through each step of how Turner was abducted from the streets of Memphis, driven around for two days in a van, and then dropped off at his stash house and was later killed.
 could have used these materials for the preparation of their opening.
 And that's why we've been candid with the court at the outset.
 had a DEA 6 where one of their witnesses, Marcus Cartwright, said that...
 the one that Judge Marley's focused upon, but we have to overcome the presumption?
 And that's the mindset of the vast majority of these witnesses, because this case was based almost entirely on cooperating witnesses.
 was released to Clinton Lewis and Marcus Brannan, I was
 Marty isn't here, one of you is wrong. Thank you.
 says, well, I witnessed the abduction, saw Clinton beaten, never heard of him.
 Sorry.
 the witnesses to testify based upon their expectations of our campaign.
 I'm turning down.
 Brody and Fields thought that Brandon was centrally involved.
 It does go to the heart.
 I think that was it.
 There's no discrepancy on that.
 It's strange to have separate trials when there's, well, one conspiracy, or one set of conspiracies among a bunch of the same people.
 Thank you.
 The only thing you can do is to take what jury's find with sworn testimony, because it's supposed to be meaningful when you put your hand on the Bible and swear to it. And that's only meaningful if we are sifting before we ask the jury to just sift through these things.
 You don't know what's in the James material.
 The judge say that because of this extraordinary cooperation, I will depart downward. Did he vary downward instead of giving him life imprisonment? He did vary downward.
 The defense did not have those disclosed as pretrial.
 And that's where the entire line of arguments that our trial team was relying on came out of the bank's case.
 I think that we've got
 every detail.
 You have that.
 And regardless of that, yes, it had to do with a murder that Martin Lewis was not even accused of.
 It's presumed reasonable, this sentence, is it not? It is presumed reasonable.
 Now, anyone that's ever practiced law dealing with U.S. attorneys knows that that usually means you're invited to leave with your client when they are minimizing their conduct.
 And, respectfully, it's more likely that this was more likely many concentric conspiracies that the government would have to prove.
 There was a murder to explain here.
 person may be involved in kidnapping.
 There is not mandatory language in the plea.
 determined, detailed work, each defendant in this case, where they fell into that line.
 And I'm sure you've considered Mr. Brandon's alcohol false testimony, inconsistent testimony, but Brandon was the key witness in this case.
 Because the court, the district court was sage enough to kind of remedy the mistake that you created by this late-rated disclosure.
 Here's the gun.
 I wasn't there during the induction.
 The nature of the scheme was incredibly complex and interlocking to get the drugs from Mexico, across the border to Memphis, via Texas.
 that was we will take care of them and they did take care of them and the
 different vehicles but you got to the same place at the same time.
 the events at the kidnapping where we have the conflicting testimonies.
 the jury as to how to evaluate credibility and their ability to do so.
 Get some
 The Brady violation, I'd like to go back to that because this is, again, it's the sequence of events where Mr. Cartwright was interviewed back in June of 08. According to the government, he said he gave a gun, traded a gun with Clinton Lewis.
 have been very forthright that this was a sculpture and that we should have disclosed pre-trial.
 I mean, that's his mindset. That's the mindset of everybody.
 So what's the sentencing challenge?
 Okay.
 I agree.
 Sometimes our witnesses do not, their memories do not align completely.
 through both of their sentences, one by one.
 And then the court allowed the proof to be reopened and proof put in, which would not have come in in a second trial, as to Clinton Lewis and his culpability in the abduction and the murder.
 Martin Lewis in this case, not Clinton Lewis in this case.
 to whether someone was in the car at that point in time.
 He did indict them in Mississippi and the government said, don't bring up that.
 I think it is.
 That's fine.
 If you take the issue of the perjury testimony, is that inconsistent or is it perjury?
 the credibility that we need before a jury when we're going into a trial, trying to guide the jury through six and a half weeks of testimony.
 And indeed, that was something that bothered the government a lot.
 But maybe a different person did this aspect, we know the slapping occurred. No, you are right.
 where this court has said that where a statement falls under the Jancks Act and where the government intends to call that witness at trial, the timing of the disclosure is defined by the Jancks Act.
 And the other part seems incredibly easy.
 That is something that defendants are allowed to use, and they did use, to try to impeach Marcus Brandon's credibility at trial.
 was attacked a murder weapon.
 move on to another issue.
 this entire three, eight week trial. Brandon was the childhood person, childhood buddy,
 different about their point that this is one person they have to know ahead of time that there's falseness.
 We did this when we were in practice and realized how little we paid for it.
 that point of time
 30 minutes to be shared by appellants and 30 minutes to be shared by appellees.
 I had to leave before the trial started.
 And when you put a witness on that you know is telling something false, then you're supporting
 I was at Eastern Country.
 And that was our theory during this trial, and we're entitled to exploit it in every single way we could.
 But in this case, the plea agreement provided that the government would make a specific sentencing recommendation as to a cap if it made the 5K1.
 It was brought up countless, countless, countless times pre-trial. It was brought up.
 Okay, sure.
 I would say about variance is that the standard for defendants is exceedingly high.
 Because rarely, if you're going to give an opening statement for what you know to be a six-week trial, are you going to deal with such minutiae as to say, well, Mr. Jones here will be impeached seven times on cross-examination. You aren't going to tip your head like that.
 However, I would simply suggest that with respect to traveling to Cincinnati by bus or by plane, the only thing that I can say is without the 5K1 and without the government's recommendation, which was required in the plea agreement if the 5K1 was made, and the judges two or three times soliciting
 I'm kind of a former district court judge, Mr. Baker. What's the point? I would disagree that he got the benefits of the five counties.
 Somebody abducted him, held him, hurt him, and killed him.
 So, somebody is not on the step, is not on this perception.
 I did not say that to the agency. The agency did, so who do you believe the agency is? I'm just saying the final version is still one that's not completely exculpating. That is not the way I break the record.
 Number two, they thought that his pretrial statements were covered by Jenks.
 you can focus entirely on the materiality problem to resolve the disputes here.
 the statement is unquestionably irrelevant to the jury's assessment of his culpability.
 I think over and over again you say the adversity between Clinton Lewis and Martin Lewis counsel.
 I see you're late, but I wanted to give you guys some flexibility.
 They come at different times in the calculation, but wouldn't we all say commons? Not under the facts of this case, in my view.
 And the third, just to, so if here there's a global conspiracy alleged, the claim of variance is no, there wasn't. There were lots of people who were.
 Thank you, Mr. Sandoval.
 I'm gonna be a spam.
 So I wonder if you've heard some of the questioning from the bench on the fields of appeal.
 The truck drivers, people to unload the trucks, people to distribute the money to stash houses and get it out to the community, security like Martin Luther's to protect the organization's interests, and then get the money back to Mexico.
 And the jury was entitled to know that they took care of them in that way.
 I'm still struggling with what the issue is here because he got what he wanted anyway.
 And if it is, Mr. McAfee, were you there holding the pistol, and one says yes and one says no, that's not an inconsistency anymore.
 Here we go.
 And the court is he was convicted of the kidnapping that resulted in murder. And that got him the last sentence.
 case and we leave it up to the jury to decide.
 arrangements that gun then to be put in the hands of law enforcement.
 And I'm not sure what more I can offer you.
 But what's critical is the conflicting testimony that you had at the time of the abduction.
 I agree, Your Honor.
 I stand to look at the men who have aspired here on behalf of Demetrius Fields.
 Yes, sir.
 the car-wreck statement addressed the.45 caliber handgun used to kill Turner.
 The other is facial balm.
 This is what trials are for.
 All right.
 say that they were indicted and the reason that that's important is that it's yet another obligation that these witnesses owed to the government because the United States government went down to Mississippi and said let them go, we'll take care of them. And Mississippi thought that what they meant was we will prosecute them.
 is very much a class-based citizen's test.
 Please, the court. My name is Marty McAfee, and I'm with the Memphis Bar.
 Points in the story that really didn't go to whether someone murdered somebody else in someone's direction.
 No, no, no, you're right.
 a lot of which we should have this kind of.
 I'm going to go back for a moment to the point that you made about maybe he gets a different sense of the 5K.
 And in many cases, I'm arguing cumulative error because I don't think you can take each individual issue that's raised and say, that's reversible error.
 it does not establish virginity.
 And he re-interviewed prior to trial in December, January, and again in February. And he says, no, I did not trade that gun with Clinton Lewis.
 So, with the trial team looking at where a series of cases that this court has issued, Presser, Banks, and the one discussed below is an unpublished decision called Brazil,
 why something you're asking is to split a lot of hairs lines I'm not are intuitive to me
 Thank you, Your Honor.
 together.
 is 135150, 5685, and 5907, United States of America versus Demetrius Fields, Clinton Lewis and Martin Lewis.
 I'm from the National Bar Act.
 Okay.
 Thanks very much for what you guys did.
 So when you ask why does this matter when these inconsistencies, as the government puts them, one of them is telling the truth about it and one of them is not.
 the only witness you who could have testified to that that you excluded from calling? Except we, well there's also Billy Ray Miles we were limited on that but frankly we did anyway and once I looked at the record I admit the government's right that there's not much prejudice there I just
 This was a situation where the court on two occasions, knowing there was no 5K1, and finding that the court determined that the only reason there was no 5K1 was because of this government's conclusion that there had been continued criminal conduct.
 Thank you.
 put it on.
 We have five more minutes.
 And so we're here after plane error.
 Not really.
 What really happened to Marcus Turner? He was abducted, beaten, hauled to a house in a car, driven around for two days, and then he was tied up, ridiculed, beaten some more, left on the floor, and ultimately put into a van again by someone, taken to Mississippi or killed in Tennessee and taken to Mississippi, or taken to Mississippi and killed.
 So it was always understood that the government had discretion as to whether to file a 5K, but you got the benefits of the 5K anyway.
 You just gonna say, ladies and gentlemen, evaluate the credibility of the witnesses. You're gonna throw a teaser out there.
 I would also say that without the drug dealing from prison, you'd get a different result, too.
 Number one, they had initially planned to call Cartwright to the stand.
 You don't have to bother with it.
 is somebody is lying and the government, in this case, offering five Ks to everybody, is in fact vouching for the credibility of each of these witnesses.
 he said is that it was Mr. Brady who had to go and that it was traded with Mr. Cartwright, not Mr. Lewis.
 Yes, he did have the opportunity, but our position is it would not have had the same effect with the jury.
 Clinton Lewis, this was one of the members of the panel brought up earlier.
 The two examples of Mr. Whitelow who was recalled after he had been examined by the government did not raise any issues pertaining to Mr. Lewis.
 I did. I don't really have any.
 And again, that's one of the unique situations about this.
 This is a record to tackle and for y'all to get to it.
 In most cases, I would say that they would.
 conspiracies.
 at the conclusion of the government program.
 the inconsistency, of course, including this court has said that inconsistencies in government testimony do not amount to perjury. The defendants have an additional burden.
 And honestly, I had allotted, at least in my planning, to spend perhaps 14 or 15 seconds on severance.
 Yet, for three and a half months, the change in tomorrow's car rides.
 fields will disagree in part that means you say that it's harmless
 It's actually really hard to find a successful variance objection in a RICO case.
 I'm not sure.
 the prosecutor agreed that was a fair description.
 the
 You are under an obligation not only to disclose who did, but to disclose the season.
 I'm going to go ahead and close the meeting.
 Marcus Branch in the stand. Marcus.
 And Mr. Brandon says, I slapped him and I never saw him again. The testimony was he was in Arkansas and getting back to the possession of Mr. Brandon.
 I mean, I think that's a good question.
 Thank you.
 the case against Martin Lewis when it comes to real witnesses and facts regarding one of the several murders involved. It goes towards both the severance, it goes
 Now, you're going to see the theme of those three names, Brandon, Pete, and Clinton Lewis, over and over in the testimony regarding Marcus Turner.
 That's because this is not an ordinary 841 drug distribution.
 It's gone. We've got about a minute.
 not met that burden.
 I have a different concern, however.
 I need to start off first with Judge Marbley's invitation to address the Brady Group.
 you prepare, you know, most of the persuasion is done or a great deal of it is done over in state mess.
 you know that that was wrong.
 You're saying you just get a bunch of sevens, you have four seven arguments, and that gets you cumulative error, even though none of them rose to 9 or 10? That is my understanding of the law, Your Honor, is that you can have a series of errors in and among themselves individually and do not amount to a noticeable error.
 Both Brody and Fields implicated Marcus Brandon in the abduction.
 Pete says, not involved in the abduction.
 to your cross-examination.
 I didn't represent Clint Lewis.
 It is a sentence that's below that. It is.
 I'm not at all relying on those cases. I'm not adopting the arguments in those cases. I'm... Isn't this all a prejudice? I just would have thought this is a prejudice issue, not a...
 I think that that's the issue is whether we have that or not.
 This case is very low cost.
 What I want to do is point out that that's what each of these people are testifying to.
 All right.
 and admits he was there.
 These are not misperceptions of details.
 set of conspiracies that gets terrible. When you prove for ten days that Mr. Capone did this and for another ten days that this gangster did that and another ten days that this gangster did that and then you
 Once you've given the opportunity to recross, move, and take the drill, then we're giving the opportunity here and the offer not to do so.
 although we had a number of witnesses and some of them had individual discrepancies as to who were these secondary players were, everybody said that Clinton Lewis was involved.
 So
 didn't bind the judge to whatever the government recommended.
 We don't have it.
 and I think we're going to go to the next. Thank you, everyone.
 I think that's logical.
 What's tricky about this?
 Just a little. Here is one of my concerns about the timing of the disclosure.
 I believe in that case there was a pretrial statement given by one of the government's witnesses saying that he did not remember the defendant being involved in the drug deal.
 saw Turner again. Law enforcement prior to trial did confront Mr. Brannon with the fact that the other witnesses were saying different things.
 But these are all witnesses that are shared among this murderer and this murderer and this murderer.
 It is presumably reasonable.
 And very simply, the current law is fairly clear that you look to the plea agreement to determine whether the United States Reserve sold discretion on whether it made a 5K1
 the third point is similar to the same that the participants overlap here because this is all about moving the product down the line to the consumer.
 whole list of them in the statute.
 It says the government need not.
 The government portrayed this as a vast conspiracy.
 inconsistency is where did I leave those keys? Was it in my blue suit or was it in the tan suit? That's an inconsistency.
 So as a district judge, I, and I think as a court of appeal, we have an interest in not, in Braves not being eviscerated.
 I'm sorry.
 that the jury considered these.
 So I think that argument can be dismissed with as well.
 tried to add the same claim in that lawsuit, the district court said, please, just do it somewhere else.
 was justified in filing suit as retaliation for SAP's prior patent office proceedings against the asserted $275 payout patent.
 It seems incorrect.
 And by the time the second suit happened, we had the declaration of Greenspun basically saying everything is present in there but web enablement and sets that out. And that is SAP's own doing.
 And on August 31, 2018, SAP reminded Big Baboon of the evidence and the law, showing that the accused product was sold prior to the critical date. But Big Baboon does not know when to stop.
 That's simply not true.
 Good morning, your honors.
 and doesn't discuss how the mapping of the claims of SAP onto Claims 15 started this, and basically then adopts its own narrative of the facts to try to find litigation misconduct or improper behavior.
 So they've since filed a summary judgment motion backing that up.
 Mr. Hamm, the case is submitted.
 And again, I don't believe it's reasonable to say that you just have to take someone's word for it before they have to show it to you.
 Big Baboon also argued its litigation position was reasonable because it accused a different R33.1
 And then the.
 So that's not a lawsuit or a patent lawsuit against anybody.
 They had never heard prior to.
 The district court also found Big Baboon's litigation conduct unreasonable because it filed a meritless motion for partial summary judgment.
 Thank you, Mr. Wright.
 no matter how weak its position. The district court correctly held Big Baboon's case on the merits was exceptionally weak. And under Octane Fitness, the substantive strength of the party's litigation position is all that's needed to award fees and to find a case exceptional.
 SAP requested a stay on August 31st, 2018 when it sent Big Baboon that letter connecting all of the dots about why the court would grant summary judgment. But Big Baboon didn't agree to the first of the three extensions until January 2019. That's four months.
 and be able to at least call the hand and that they say, okay, you say that and prove it.
 And it's that expenditure which makes up most of the court's fee award.
 On appeal, Big Baboon insists it is not a serial litigant that it filed only one patent suit.
 So they produced these records basically alongside of their summary judgment motion.
 Thank you, Your Honor.
 That would seem very unreasonable to say that that's litigation misconduct if you push forward on that.
 And you have, the one party wants to wait and see if the doctrine is legitimate or not, shouldn't, in and of itself, be unreasonable.
 just didn't take advantage of it.
 August 31, 2018 forward is the only time period for which the district court awarded fees.
 litigation misconduct is required before fees can be awarded.
 The district court's opinion is crystal clear that it awarded fees for 196.5 hours on these motions, not 458.1 hours.
 changes did proceed. But what's troubling is in the report and recommendation, all
 Okay. Thank you, Mr. Wright. Thank you.
 Okay, hearing no further questions.
 At its core, this case is exceptional because Big Baboon does not know when to stop, no
 During those four months, SAP was forced to spend a significant amount on this case.
 And so by the time Big Bad Zoom actually sees all this evidence and these declarations and things like that, you're at the summary judgment stage, at which case Big Bad Zoom begins to start saying everything and saying discovery and not pushing forward to see what the judge is going to do.
 Finally, Big Baboon argues the fee award is too high.
 They did offer to provide declines and whatnot right now and people to depose in a very short time period.
 Big Baboon abusively filed serial suits on the same patent because Big Baboon does not know when to stop.
 Should the planters take the word of SAP?
 to write.
 So, if there are no further questions, I'll yield my opening time.
 to the extent they say they should have had that opportunity.
 And as you've pointed out, at least by August 31st, 2018, Big Baboon well knew the facts and the law that invalidated its patent.
 I don't understand your statement that...
 And I also wanted to respond to a couple of things that came up in Mr. Reich's argument.
 So with that, unless there's any further questions, I yield my time.
 All of a sudden the magistrate starts giving a unique narrative of the facts, calling Big Baboon a serial litigant, which had had one case, and wanted to...
 And it's, as you've pointed out, they didn't try to take any discovery on the 3.1 products.
 Mr.
 now big baboon argues on appeal it
 And again, the...
 In June 18, it was Big Baboon who introduced Evans cooling to this action by featuring the case in its failed motion for partial summary judgment. In mid-August 2018, Big Baboon acknowledged to the district court that absolutely, if it accused a pre-critical date product of infringement, it should be out of court.
 Let's assume for the moment that we reject your position about Greenspun. And we conclude that that provides no contrary evidence to the invoices and the characterization of the invoices as offering the web-enabled product for sale in October 1996.
 It filed one suit on the 275 patent in the central district of California, and when that suit was over, it filed a different suit on the 275 patent in the northern district of California.
 And interestingly, the report and recommendation doesn't mention any of this type of history regarding reexamination of SAP or CDM petition of SAP.
 may it please the court, the federal circuit should affirm the district court's finding that this is an exceptional case and its resulting attorney fee award.
 And then right after that, when the summary adjustment was filed, the plaintiff consented to all extensions and stopped everything while this was adjudicated.
 So, and in fact, referring again to the opinion, the magistrate's report, even though they said that arbitrary dates in 2018 that somehow that the veterans should have known, it was still some time before they did see a declaration or any testimony from Logan Campus saying what is going on in October of 1996.
 evidence we believe. As you've discussed this morning, Big Baboon insists the Phillips Greenspun Declaration states the accused product was not sold until 1997 after the critical date, but the declaration doesn't say that and it doesn't suggest that.
 awarded fees based on some arbitrary line in the sand where we were, Big Bad Moon should have known that this, the patent would be invalidated in the manner that the court did so, basically on, based on secret sales, things that were filed under seal that would, if the patent were to be held invalid, that we would have no, Big Bad Moon would have no idea about.
 He only awarded fees for the time after which you became aware of this, right? Yes.
 It's a completely different matter and different procedure for trying to undo a rule.
 The motion was meritless because Big Baboon sought summary judgment based on evidence about a different product, R33.0E, than the product it accused of infringement, which was R33.1.
 You didn't do any discovery to dispute all those documents that were provided to you, did you? There was no discovery to be had. It was not in discovery. The case was still in claim, initial claim construction, in claim discovery.
 So several quick responses to Mr. Hamm.
 It does not need to be unreasonable conduct even though there was in this case. This is a unique case in which Big Baboon's own accusation created its patent in validity. Big Baboon accused the product of infringing its patent but that product was sold before the patent's critical date.
 So again, the mere fact that one party says, I have this, I got to gotcha.
 The Judiciary judge specifically found that you had been told in 2018 about records that had previously been produced in 2010 showing the pre-critical date shipments.
 to go forward.
 Again, Big Baboon is just not being up front.
 number 20-1165 Big Baboon,
 Damn.
 So in conclusion, the district court did not abuse its discretion in any way, and the Federal Circuit should affirm all challenge aspects of its decision.
 Big Baboon knew the facts. It knew it accused R33.1 because it made that accusation. And Big Baboon knew that SAP sold this product before the critical date because Big Baboon had uncontested pre-critical date sales records, which Big Baboon first received way back in 2010, and which SAP reminded Big Baboon of on August 31, 2018.
 So this is a parallel case involving the award of attorney's fees under 35 U.S.C. 285 to SAP and HP for litigation from the infringement suit, which we discussed earlier. And basically to justify an award of attorney's fees under opt-in fitness, I guess the court needs to weigh the totality of the circumstances
 are not on sale in October of 1996.
 It was in discovery.
 wasn't raised in the first suit.
 Retaliation is not an acceptable reason under any standard for refusing to stop suing on a plainly invalid patent.
 So the qualification that somehow Big Bad Moon is a serial is again, it does not, it
 That's under Octane Fitness, your honor.
 And you were told that the invoices were for a web-enabled product.
 three patent suits, not one.
 It's one in the earlier case, the first case, where there were records that discussed sales, but again, 3.1 and all that was also in the re-exam.
 And it's again, totality of all the circumstances in a case, and including those parties' conduct, including the improper conduct of the move-in for attorneys to. So here, that would be SAP in April.
 And that party doesn't show it, and that party hasn't brought it.
 brought up discovery, plain discovery was open, but not full discovery.
 than the prior R33.1, but Big Baboon provides no evidence in support of this dual identity theory.
 What the court found was that the pursuit of litigation was objectively unreasonable, right? Yes, yes, Your Honor.
 Big Baboon's extensions were too little, too late.
 Although this was unaware to the plaintiff.
 And then that first case, to add points of steam, the judge said no, filed a second case, which Big Bad Boom did. And then in the meantime, SAT repeatedly twice attacked the patents of Big Bad Boom.
 So the Big Badoon had to then bring action against SAT and HP in the Northern District of California because T.C. Heartland was becoming clear that jurisdiction is going to have to be with people of residence, even within the field. And that is the law now, too.
 Big Baboon also argues on appeal that its position on the merits of patent validity was reasonable, but Big Baboon waived this argument by not making it to the district court. In any event, Big Baboon's argument is based on misrepresenting the evidence.
 What's wrong with the district court's conclusion that it was unreasonable of you to continue to litigate after the invoices were called to your attention and
 So you need to have some, you know, there has to be something of either unprofessional or improper conduct or litigation misconduct in the system.
 And as SAP noted in its response brief, on top of that, Big Baboon sued the Patent Office in the Western District of Washington to challenge its reexamination decision against the 275 patent, while Big Baboon was simultaneously appealing that same decision to this court.
 It could, it would be two things.
 And as you are aware from the earlier case, there is quite a history between the two parties here leading to this case.
 It's a position that just because one party merely tells another party, hey, I've got evidence that invalidates, drop it right now.
 Basically, the fact that, again,
 In addition to Big Baboon's exceptionally weak position on the merits, as an alternative ground, the district court found this case exceptional because Big Baboon litigated in an unreasonable manner, which is the second path that Octane Fitness sets out for showing that a case is exceptional.
 Correct.
 Big Baboon also argues on appeal that its litigation conduct was reasonable because three times it agreed to discovery extensions.
 Is there anything wrong under those circumstances with the award of attorney's fees? So basically, your honor, where is the unreasonable conduct from the plaintiff to perceive the fees to see if these secret sales are in fact secret sales? All of this is produced under seal.
 So first and foremost, I'm unaware why SAP brings up the patent office lawsuit challenging the reexamination.
 This makes the patent invalid under Evans cooling.
 significant amount of fees and for a wide range of activities, basically for the case going forward.
 That was the case, Your Honor, then it would have been in the reexamination.
 So that, to me, that is reasonable litigation conduct and certainly not wasting the court's resources.
 So the full discovery had not even opened in this case.
 It argues that it is not reasonable that SAP spent 458.1 hours briefing its motions for summary judgment and attorneys' fees.
 versus FAP America Inc.
 Okay, hearing no further questions, let's hear from Mr. Hansen.
 If there are any questions, I'll try to provide a response, and otherwise I'll yield the rest of my time. Thank you.
 Big Baboon also knew the law.
 And in this case, the district court had a magistrate prepare a report and recommendation on the attorney's fees. And the district court basically just adopted it.
 But in view of the prior actions of FAT, the testimony of Greenspun, the literature that showed that, hey, this is not, there is evidence saying this is not correct.
 He said that the case wasn't in discovery during the summary judgment phase, but that's not true.
 Clerk will report the title of the bill.
 my colleague an extra minute.
 Thank you for the support on this motion to instruct.
 providing us with an opportunity to get the information that may be necessary and may be helpful in keeping America safe.
 I just wanted to bring the members up to snuff on that matter.
 I reserve the balance of my time.
 The vote on the motion to suspend the rules with regard to HR 552 will be taken tomorrow.
 returning them to their homes is simply not acceptable.
 But the reason, Mr. Speaker, that I present these two anecdotal stories is simply this. These people are not nice people.
 the State's Attorney, the Attorney General of the State of New York, Mr. Cuomo, brought them to the nation's attention with his investigation of some of the large lending institutions and these practices and entered into a number of consent agreements with them.
 was a wise decision.
 and at Guantanamo. We should obviously say which options are not acceptable.
 Our penal system as we envision it is one of rehabilitation.
 Honorable Speaker, House of Representatives, Madam, this is to formally notify you pursuant to Rule 8 of the Rules of the House of Representatives that I have been served with a judicial subpoena for documents issued by the United States District Court for the Middle District of Pennsylvania.
 When the subway bombings killed 200, injured 2,000 people, this
 The question is on the motion to instruct.
 I'll be the last speaker and I'll close as soon as my colleague yields.
 On the day in July when my state celebrates the arrival of the pioneers into Salt Lake Valley in a remote Pakistani town, the Pakistani police were closing in on one house that had been given as an intelligence tip that a top Taliban leader was inside.
 They're murderers of the worst sort.
 I request that all
 For that, I appreciate what the gentleman from Michigan has done in bringing this once again to our attention so that we can join the Senate in making sure that this is very clear of what is not our policy option. With that, Mr. Speaker, I yield back the balance of my time.
 at hand, which is the significant proposal, the motion to instruct, made by the gentleman from Michigan.
 I cannot imagine anyone honestly believing it's a good idea to close Guantanamo and bring these individuals into our neighborhoods and into our backyards, nor to release them back to their country of origin where they'd be free to reorganize themselves.
 I hope that we stand with them tonight.
 Obviously, these people have not been rehabilitated.
 After consulting with the Office of General Counsel, I have determined that compliance with the subpoena is consistent with the privileges and rights of the House.
 It's memorable or reminds one of the extravagances that took place in March of 2004 in Madrid.
 The previous question is ordered.
 The gentleman has no further speakers. Mr. Speaker, if I might yield myself such time as I may consume.
 As a member of the Armed Services Committee, as well as the Education Committee, I strongly support this extremely important motion that has been given to us today.
 ideologically driven to kill. And they would stop at nothing to try and kill as many men, women, and children, if possible, in their goals of maximizing the amount of pain and destruction, especially those relating to us. They
 All those in favor of taking this vote by the yeas and nays will rise and remain standing until counted.
 Thank you Mr. Speaker. Allow me rhetorically if I can just to concentrate on one issue, the one
 Gentleman from California. I reserve the balance of my time.
 a good decision, a good direction that was put forward by the members of the other body.
 As Mr. McConnell said in the floor debate, this is not a motion simply for the status quo.
 HR 694, a bill to establish a digital and wireless network technology program and
 The gentleman is recognized for an extra minute.
 I compliment my colleague.
 keeping terrorists, these terrorists, away from the homeland.
 The 15 minute vote.
 With that, I yield back the balance of my time.
 conference in the coming days.
 The first electronic vote will be conducted as a 15-minute vote.
 Destroying the intelligence value we have at Guantanamo is simply not acceptable.
 those individuals. We had hearings on this matter and the failure of oversight by both the Congress and the Department.
 as the police closed in upon them. They pushed the button, not only blowing themselves up, but also almost imploding the entire building, which would have killed hundreds of other innocent victims.
 Moving any of these prisoners to the United States is simply not acceptable.
 The Senate rejected transferring al-Qaeda terrorists from Gitmo to our homeland.
 Chairman lays before the house the following communications.
 the
 al-Qaeda-inspired terrorist activity were, and the leaders of that, were tracked down by Spanish authorities.
 To that I yield back the balance of my time.
 I'll reserve the balance of my time.
 During the Washington Post, this Taliban leader, Abdullah Massoud, if I pronounce that properly, was a very short, round man in his early 30s, who had been active in the Taliban commander in Pakistan for many years. Amazingly, though, this same man had been among the first military detainees at Guantanamo and had been released in 2004.
 from Michigan.
 I ask for the ayes and nays.
 Senate acted, they acted overwhelmingly, 94 to 3, to say make sure that these individuals do not come to the United States.
 motion to instruct asks this conference to accept the language passed in a similar bill in the Senate on an overwhelming 94-3 vote that rejects transferring a terrorist detained in Guantanamo to the United States soil.
 does clearly say that the one option that is not acceptable would be a closing of Guantanamo Base with the only option being of removing these people and bringing them back into our neighborhoods, back into our homes, and back on American soil. And for
 safer keeping these terrorists in Guantanamo Bay, Cuba, 538 miles or 528 miles away from
 The question is, will the House suspend the rules and pass the bill as amended? Those in favor will vote aye.
 The sense of the Congress resolution simply is one of those things that this body, the people's body, the House of Representatives should overwhelmingly support.
 unfinished business is on the motion of the gentleman from Washington, Mr. Baird, to suspend the rules and pass H.R. 694 as amended, on which the yeas and nays are ordered.
 With that, I would also then like to yield three minutes to my colleague from Utah, Mr. Bishop.
 That is a decision that my colleagues here in the House should support tonight.
 Those opposed will vote no.
 I think these two things are connected in the terms of our now removing the excessive subsidies that were used in many instances to grease these relationships for the benefit of the lenders and not for the benefit of the students and of their families who are borrowing the money to pay for their college education.
 I just want to point out for a number of members who have asked about what's the relationship of this reconciliation to the loan scandals that the nation was witness to earlier this year. This legislation does not contain the language of the Sunshine Act that we passed overwhelmingly in May of this year. That will be contained in the Higher Education Act that the House and the Senate plan to do soon.
 This is John Moore from Michigan.
 The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game is over. The game
 Those in favor, please say aye.
 suspend the rules with regard to HR 694 and HR 3020 and motion to instruct conferees on HR 2669 in each case by the yeas and
 In some cases they've been brought to the attention of the Department of Education by the Inspector General. They were not properly dealt with.
 Pursuant to clause eight of rule 20, proceedings will resume on questions previously postponed.
 Speaker, I'll yield myself as much time as I shall consume.
 Thank you.
 Remaining electronic votes will be conducted as five minute votes.
 is recognized for three minutes.
 HITMO is a facility that is working in many different ways.
 Members will record their votes by electronic device.
 passed the Sunshine Act in reaction to that, to those hearings that we had that again it was passed on a strong bipartisan vote.
 Mr. Speaker, thank you.
 California is recognized.
 Those opposed, please say no.
 A sense of the Congress resolution, may I?
 will be taken in the following order.
 These practices have gone on for a considerable period of time.
 Sincerely, John E. Peterson, Member of Congress.
 Gentlemen's recognized
 Sufficient number having risen, the ayes and nays are ordered. Pursuant to clause eight of rule 20, further proceedings on this motion will be postponed.
 as we discuss what we will do as our options.
 But as they surrounded the apartment where they were, they had… the terrorists, the al Qaeda terrorists had preplanned their own self-martyrdom by having wired their own apartment.
 While time has expired, without objection,
 reserves to bounce at this time.
 of years back.
 Upon his release, what did he do? He's go back to Pakistan, once again working with the Taliban, helping Al Qaeda infiltrators coming into the rugged mountains area of Pakistan. But on this fateful day, back in July, with the Pakistani police closing in, this top Taliban leader, who only the year before had been leading terrorist activities against mosques, had kidnapped a couple of Chinese engineers and who knows what else, pulled a pin on a hand grenade and blew himself up rather than resubmit to the authorities.
 Ayes have it in the opinion of the chair.
 do not belong on American soil, nor do they belong to be released back to their own countries where they can reorganize again in this war, not just again on terror, but also the war against civilization and basic humanity.
 provides us with the alternatives and the flexibility that as we move forward in defeating radical jihadists, that we will have the strategies in place to keep us safe, to get the information that we need, to provide us with the background to implement the correct strategies.
 the stability of what our choices will be would still be allowed.
 I encourage my colleagues to vote for this motion to instruct conferees. It is a good motion.
 other purposes.
 Selectman Chairman Mark Pellillo said, it's a real loss for Belmont's community, but it's a wonderful job for CAIL.
 The most recent confirmed death was January 2016.
 The Boston Sparks Association, a club that provides food and rehab support to firefighters at blazes around the Boston area, also responded.
 This year, 550 people are expected.
 Hundreds of Chinese Belmont residents will be celebrating Chinese New Year with a gala at the Chenry Middle School on January 28.
 Dash is currently vice chair of the Warrant Committee, which he has been a member of since 2009.
 According to Burbank Principal Trisha Clifford, Marc Antonio's wife, Geri, said he is doing well, has no broken bones, is bruised but is home and should make a good recovery.
 There was a strong feeling that we needed an organization to better promote Chinese culture in the town of Belmont," she said.
 In that role, his prime responsibility was to develop the City's annual performance-based operating and capital budgets.
 REMAC's leading edge in Belmont Center will partner with Belmont High School's Belmontonian Community Service Club for a charitable endeavor.
 V-Day is a global movement that's mission is to stop violence against women and girls.
 Limited resources hinder fight.
 It's not yet known how many people are homeless due to the blaze.
 The assistant town administrate, Phyllis Marshall, will be considered for appointment as the interim town administrator while they search for a replacement for Cale, and she will also have the opportunity to apply for the position if she desires," said Polillo.
 She was not able to avoid the collision.
 The stigma surrounding substance abuse and mental health is a barrier to action and privacy and pride are also prevalent characteristics of life in Belmont, which inhibits discussion about such issues.
 The fire began around 3.45 a.m.
 This campaign is timed to coincide with the 10th annual Boston Bruins PJ Drive to benefit Cradles to Crayons clients, low-income and homeless children ages newborn to 12 years in Massachusetts.
 A Memory, a Monologue, a Rant, and a Prayer. Presented by V. Day Belmont will be held at 7.30 p.m. Feb. 17-18 at First Church of Belmont Unitarian Universalist 404 Concord Ave. Belmont.
 He complained of soreness to the hip, extremities, and head.
 The first loss is Cambridge's gain. Cambridge City Manager Louis Di Pasquale announced on January 20th that David Kale has been appointed Cambridge's new Assistant City Manager for Finance, effective March 13th. His last day in Belmont will be March 3rd.
 He is in the process of planning the budget for fiscal 2018 and expects to submit it to the Selectmen by February 13th.
 Narcan is a medication squirted into the nose during an overdose that blocks the effects of opioid and allows the person to begin breathing again.
 DHS Principal Dan Richards said enrollment has increased from 1,106 to 1,264 students over the past six years, an uptick of 14%.
 This is a challenge," said Kale.
 These changes will allow us to allocate three additional sections of music at the high school," he said.
 It is the season for pulling papers if you want to run for town office in the upcoming town election on April 4th, and it looks like there may be a race for the seat on the Board of Selectmen, currently occupied by Sammy Bagdadi.
 Karen Sexton, residential sales manager at RE-MAX Leading Edge, said,
 The board is trying to work on other major capital projects to see if we can come up with a phasing plan and share what the vision is going forward, knowing the high school project is front and center.
 According to the Belmont Police Report, at approximately 8.18 on January 11, a 2006 Honda driven by a Belmont woman was heading west on School Street when it struck the crossing guard in the crosswalk at School Street and Sharp Road in front of the Burbank School.
 According to Cathy Gao, one of the organizers of the gala, it is the most important and widely celebrated festival of all in China.
 At the high school, participants will be eligible for door prizes to be donated by local merchants.
 Initial reports were that everybody was out of the house, said Frizzell.
 The V-Day Belmont event is co-sponsored by the First Church of Belmont Social Action Committee, Belmont Human Rights Committee, Belmont Religious Council, Belmont Against Racism, and League of Women Voters Belmont. Jonathan?
 The Belmont School Building Committee formed last April and is currently working on Module 2.
 As of press time, Bagdadi could not be reached to comment on whether he plans to run for re-election.
 Locke said the key findings of the assessment to date are the need for better promotion of existing resources in Belmont and that the state level and community education on opioids must be improved to increase awareness and understanding, including the development of curriculum for substance abuse prevention in Belmont schools.
 The cause of the fire is under investigation by five agencies, including the Belmont Police and fire investigators, the State Fire Marshal, State Police CPAC team, and the State Fire Marshal Code Enforced Officer, according to Mooney.
 Vermont supports women's safety with V-Day performance.
 There's something I'm proud of.
 Alice Melnikoff, the BHS Community Service Coordinator, expressed her appreciation. We are so grateful to RE-MAX Leading Edge for supporting us in this project.
 Blazet 606 Trapelo Road at the intersection with Agassiz Avenue has claimed the life of one man.
 Marianne. Parents and children react to crossing guard accident by Joanna Zouvelos.
 The different groups of performers have been rehearsing for several weeks at the Plymouth Congregational Church and the Cambridge Centre for Chinese Culture in Waltham.
 Block also said 40% of the interviewees were unaware of the confidential drug drop box at the Belmont Police Station for the safe disposal of medications.
 School committee member Elise Schuster asked, what is the impact? Have we hired more teachers? Richard said, one additional guidance counselor has been added to staff to accommodate the addition of 158 students, and an additional teachers have been funded through annual tax overrides.
 I am very appreciative of the great experiences I've had in Belmont and all the great people I've been able to interact with. He said he will always be grateful for the team of talented, dedicated, and hard-working department heads, employees, elected officials, and various committees he had the opportunity to work with to achieve many accomplishments while working within a framework of limited resources.
 He is proud of the team of staff he's worked with and helped build. Over the last four and a half years,
 This year, three schools, Burbank, Wellington, and Chenery, will join BHS to hold PJ Days, where students and staff may wear pajamas in exchange for a donation.
 We have over 600 students enrolled in instrumental music in grades 3 through 5.
 We will be reading local news and happenings from the community newspaper. Patty.
 We have a lot of things in the fire, but we also have to run the store.
 Many of them even made noise as drivers went by, ringing cowbells and clappers.
 Chinese New Year, also called Spring Festival, is celebrated for 15 days beginning January 28.
 Belmontonian members will collect monetary donations from the community at Star Market on Trapella Road from 10 a.m. to 2 p.m. February 4th, and fundraisers will be held at two Fresh Pond restaurants, Chipotle, March 7th, and Bertucci's,
 A primary search for victims was conducted on the first and second floors, but due to the fire conditions and a big hole in the floor between the second and third floors, firefighters had to evacuate the building because the fire took over the third floor, said Mooney.
 The MSBA building process is comprised of eight modules.
 The town clerk's office needs to certify 50 of the signatures before his cannacy is official.
 firefighters helped battle fatal blaze by Joanna Suvalis.
 We have been working on these concerns over many years, and many parents have helped advocate, along with the staff at Burbank, for improvements. This will continue, and I appreciate your support in this work. Patty.
 Crucially important is a point-person task force or unifying coalition to spearhead opioid prevention activities in Belmont. Bloch said no one is viewed as taking leadership on the issue.
 Are you?
 We had a strong team when I came, and I think it's even stronger four and a half years later, and we'll serve the town well moving forward," said Kale.
 It really does take a village, and they have stepped up to support two of our causes this year.
 Belmont Fire Incident Commander Captain John Mooney believes the victim was in his 30s.
 As assistant city manager, he will work to strengthen connections and expand opportunities to enable residents to engage in and understand the city's budgetary processes and other public processes while ensuring that Cambridge retains its distinct distinction as an innovative community with a strong tax base that allows a high level of public services and amenities.
 Families would come together for dinner in the Chenry Middle School cafeteria on January 28th, followed by a lineup of 16 performances by Chinese Belmont residents of all ages, including traditional dancing, folk songs, kung fu, comedy, and rituals.
 He is a great numbers guy, a man of integrity, works extremely hard.
 The first was held at the Beach Street Center last year with more than 300 people.
 She added that in 2012, 134 Belmont High School students reported taking prescription drugs not prescribed to them to get high.
 In a series of tweets posted on the early hours of Monday morning, the Cambridge Fire Department announced that Engines 1 and 9, Lighter 1 and the paramedics of Squad 4 were assisting the Belmont crews battling the blaze.
 He served as Belmont's representative to the MWRA for 10 years, 1993 to 2003, and also served on the Noise Bylaw Committee for Belmont.
 The gala, which quickly sold out within the first week of publicizing, is organized by the Belmont Chinese American Association, founded in 2016.
 The driver was issued a citation for failure to yield to a pedestrian in the crosswalk.
 After last year's gala, Gauss and many Belmont Chinese-American families had an even stronger sense of community and wanted to raise their voice to the larger Belmont community.
 Mr. Kale has a strong understanding of the unique characteristics of Cambridge and has existing working relationships with most of our current department heads and familiarity with the many community organizations and neighborhood groups in the city," Deep Asquale wrote.
 Monetary and pajama donations for boys and girls will be accepted at the RE-MAX Leading Edge office Monday through Friday from 9 a.m. to 5 p.m. February 1st to the 28th at 84 Leonard Street.
 V-Season is February 1st through March 8th, when V-Day events are held around the world to advocate for, change, and bring awareness to the continuing issue of violence and abuse against women and girls.
 Mooney said they are now staying at a hotel, but he did not know which one.
 Jonathan.
 Dale said the new town administrator should be patient and diplomatic and able to perform the four C's, collaborate, cooperate, communicate, and coordinate. His greatest challenges over the past four years has been trying to move things forward in a strategic and sustainable way with limited resources.
 Other interview findings included mental health resources were perceived as limited and frequently cost prohibitive.
 The original 911 call went to the Waltham Fire Department reporting a fire at 610 Trapella Road in Waltham, according to Mooney.
 Her speed was roughly 5 mph.
 New, with tags, pairs of warm pajamas in sizes newborn to children's 18 are needed.
 MMRP is a collection of essays solicited by Eve Ensler and Molly Doyle that tell the stories of women who have experienced violence and abuse.
 Officers spoke to the victim at Mount Auburn Hospital.
 Belmont Town Administrator David Kale accepts new position by Joanna Suvalis.
 town is in good place in terms of having stability.
 Captain David DeMarco, the fire department's EMS coordinator, explained that Belmont firefighters are currently the only first responders that carry Narcan.
 Based on the most recent enrollment data presented at the January 24th school committee meeting, the renovation of Belmont High School can't come soon enough.
 In the meantime, Richards pointed out the recent purchase of hallway benches so that students do not have to sit on the floor when the library and cafeteria are at seating capacity.
 Welcome to Talking News.
 Concerned that no collaborative group exists to take on a community response.
 The driver said she slowed down because she saw a child on the left side of the road waiting to cross.
 This is a time for family reunions, visiting relatives and friends, and exchanging greetings for the coming new year.
 This year marks the first time that the club will have a pajama drop-off point for the community.
 Many of the building's residents were alerted to the blaze by others banging on their doors.
 The Belmont Board of Health convened a public forum January 10th at Town Hall on the status of Belmont's opioid needs assessment.
 Previously, the MSBA passed over Belmont's building proposal for 10 years straight.
 Adam Dasch and Guy Carbone have both pulled papers to run for the seat.
 He is a lifelong resident and prior to the four-year stint in Belmont, he was the city's director and deputy finance budget director from 2003 through to 2012.
 We're getting hundreds and hundreds of pounds of prescription drugs which are very difficult to store and then destroy, he said.
 The Department warned of major delays in Waverly Square and Belmont Center on Pleasant Street, Mill Street, and Trapella Road.
 Belmont's Chinese New Year celebration will be bigger than ever. By Joanna Tzouzoulis.
 Mooney believes he may have suffered from smoke inhalation and was also burned.
 Burbank Elementary School parents and children lined School Street the morning of January 12th to show their love for Crossing Guard Jim Marcantonio, also a Belmont resident, who was injured while on duty the morning of January 11th.
 Belmont's Chinese New Year celebration will be bigger than ever.
 Around 6 a.m., the Belmont Police Department announced via Twitter that Trapella Road was closed as crews dealt with the blaze.
 Gathering data from numerous Belmont and statewide data sources, Block said 11 Belmont residences have died from overdoses since 2010.
 The early morning three-alarm fire in Belmont drew supporting crews from surrounding communities including Arlington, Cambridge, Watertown, Waltham, and Lexington.
 He said the selectmen will lay out a transition and timeline for the search by their next meeting on February 6th.
 Both prospective selectmen candidates are attorneys for their own private practices.
 Through the years, many improvements have been made to the walking infrastructure around Burbank, including on Gale Road and, most recently, Sharp Road.
 Thirteen volunteers established a preparatory committee to set up the Belmont Chinese American Association.
 Newtonian Community Service Club seeking children's donations.
 The deadline to turn in nomination papers is February 14th. The deadline for current town meeting members to notify the town clerk if they are running for re-election is January 24th.
 The office will also accept monetary donations for the cause.
 It's the first of its kind in Massachusetts and will offer a fully comprehensive residential program with services.
 Thank you for joining us for this episode of Talking News.
 His first experience with Belmont politics was when he was appointed to serve on the Community Preservation Act Study Committee, which was 2007 to 2009.
 She said both school-based and community-wide prevention education were perceived as limited.
 The fast-moving fire went through the entire building and out through the roof. The blaze was largely out as of 7 a.m.
 We need to be able to provide services for the growing enrollment. The high school project will have to move forward.
 The tags must still be on each donation.
 Tickets are available on eBright, Eventbrite, or at the door and cost $15.
 The changes are based on two factors according to Asadorian. Resources for the third grade beginning string instruction classes currently in place result in class sizes of 30 or more students per music teacher, resulting in a less than effective learning setting.
 As previously reported, the Massachusetts School Building Authority Board, MSBA, of directors tapped Belmont last January, thus beginning a process that will eventually lead to a completely revamped BHS, including the construction of additional space to the existing 257,120 square foot building.
 He said he was going to assist the child on the other side of the street when he was hit on his left side by the vehicle and only remembers being on the ground in pain.
 It's a bittersweet decision, said Kale.
 Jill Block, a public health consultant with experience conducting studies for Mount Auburn and Emerson hospitals, and the town of Concord, was hired to conduct the opioid assessment which began last fall.
 The Belmont Fire Department received the second 911 call.
 We will miss him terribly and are sorry to see him go," said Pollillo.
 Harbony's local government experience includes serving on the Watertown School Committee for 12 years and as Watertown Selectman for six years.
 Are you?
 Clifford stated in an email to parents on January 11, there is still more that hopefully will be done and can be done as both pedestrians and vehicles increase in number around the Burbank school. As always, safety is the main concern and focus.
 The goal of this association is to organize a variety of cultural activities, encourage more Chinese-American residents to be involved in community service, and set the model for the younger generations at Gall. Jonathan,
 For the entire month of February, the real estate company will serve as a drop-off point for new winter pajamas for the children served by Cradles to Crayons.
 The designated beneficiary for the proceeds will be New Beginnings Reentry Services, Inc., a program for women leaving prison based in the Boston area.
 Signed nomination papers are due by 4 p.m. on February 14th for newcomers and town office positions.
 Please join us again next week.
 Since then, he has been a town meeting member for Precinct 1 since 2008, served on the Zoning Board of Appeals, was vice chairman of this Underwood Pool Building Committee, and a member of the YES Override Committee in 2015.
 Several findings emerged from the 20 interviews Block conducted with Belmont School staff, treatment and medical professionals, family members of substance users, and community leaders.
 According to the Belmont Board of Assessors property database, the home is a two-family house owned by Ceretti family of New
 The greatest future challenge Belmont is facing is the growing enrollment in the schools, said Kale.
 The fifth grade band and string class schedule results in students who are not enrolled in instrumental music to have study hall periods rather than other instruction, which led to a parent meeting to discuss educational inequity last year.
 Cradles to crayons cannot used or nearly new pajamas.
 These stories will be performed by local residents including a Belmont selectman, a Belmont police officer, a professional dancer, a vice principal, members of First Church of Belmont Unitarian Universalists, and semi-professional performers.
 He said he never saw the vehicle coming down the road.
 Belmont is my second home.
 He said 32 high school teachers shared space in 2010, whereas 36 share space now.
 we've been able to strengthen the town's bench and attract and hire more and very good department heads and support staff.
 And there is strong support for greater availability of Narcon among all first responders and in schools.
 of Belmont High School's Growing Enrollment by Chris Warren Belmont at wickedlocal.com
 Earlier in the meeting, Arto Asadorian previewed proposed changes to grades 3 to 5, beginning instrumental music program for strings and band instruments next school year.
 We are delighted to have you with us listening to our presentation by members of the Beach Street Center, Patty, Marion, and Jonathan.
 She saw the crossing guard on the sidewalk and thought he was going to wait for her to pass before entering the street.
 It is also a time to wring out the old and wring in the new," she said.
 greater involvement from McLean Hospital was expected.
 The purpose of the meeting was to provide an overview of the opioid epidemic, review the findings of the town's ongoing opioid needs assessment funded by Mount Auburn Hospital Community Health Department, describe local efforts and the resources to combat the epidemic, strengthen local and state collaborations, and discuss what is required from the town and its residents to battle the crisis.
 Cars at Belmont Car Wash as its final event in this campaign.
 The firefighters went into defensive mode and used ladder pipes for about 35 minutes to knock the bulk of the heavy fire down, he said.
 The high school building renovation is estimated to cost $100 million, which could be eligible for millions in reimbursement from the MSBA.
 Dash is still in the process of collecting signatures and Karbarni has turned in his signed nomination papers with 96 signatures the morning of January 17th.
 Dale himself is no stranger to Cambridge.
 Police Chief Richard McLaughlin said he does not have adequate space to hold all the drugs that are brought to the drop box at the police station.
 The road had reopened, but congestion remained.
 First, the fight against breast cancer, and now the needs of local children who live in poverty and or are homeless. Patty?
 The man's body was found on the floor of the front room of the third floor after firefighters conducted a secondary search of the home as the blaze was extinguished.
 The crew of Cambridge's Engine 5 stood by to respond to any additional conflagrations in Belmont while the town's crews were occupied.
 They also held signs to pleading with motorists to stay alert and slow down.
 This is the second Chinese New Year Gala celebration in Belmont.
 And so I urge its adoption and I yield back the balance of my time.
 Clerk will report the title of the bill.
 That's why I recently joined with a number of my colleagues in supporting Title VIII funding to provide loans and grants to our nation's nursing students.
 Mr. Speaker, I call the question.
 Mr. Speaker, at a time when many Americans are facing a slowing economy and increasing cost of food and fuel, it is imperative that Congress put aside any differences we may have and work together to promote the interests of U.S. entrepreneurs and industry.
 I'd like to thank my colleagues and former nurses, Congresswoman Eddie Bernice Johnson, Congresswoman Carolyn McCarthy, and Congresswoman Lois Capps for their leadership on this issue.
 As a cosponsor of this resolution, I am proud to speak out in honor of our valiant, committed nurses who make our Nation and our loved ones safe and well.
 from Texas.
 I want to thank the distinguished chairman of the Judiciary Committee, distinguished chairman of the Foreign Affairs Committee, our distinguished ranking member, who has joined us in a very important and historic step that is being made on the floor of the House today.
 myself such time as I may consume.
 Please be recognized for three minutes.
 And now I would yield the rest of our time to the gentleman from Tennessee, Steve Cohen.
 Pursuant to clause eight of rule 20 and the chair's prior announcement, further proceedings on this motion will be postponed.
 I rise today in support of HR 1086 recognizing today May 6th through May 12th as National Nurses Week.
 14 years since he was elected president of South Africa.
 because they have been freedom fighters, somewhat the way that Dr. Martin Luther King stood nonviolently for rights here in this country, these individuals had to be in the midst of an encounter, if you will, to provide the safety and security for their people.
 are to bring it to the House floor by Thursday.
 latest estimates indicate that U.S. businesses lose up to $250 billion a year due to intellectual property theft.
 The bill would also give discretionary authority to secretaries of the state and homeland security to admit individuals regardless of activities undertaken in opposition to apartheid rule in South Africa.
 The question is, will the house suspend the rules and pass HR 4279 as amended? Those in favor say aye.
 I yield myself to your...
 There's too little data on illegal immigrants imprisoned in the United States.
 I want to take a moment just to compliment again the ranking member of the Judiciary Committee, who has very strong and passionate views on the issues of immigration.
 The apartheid government banned membership and political activity in the ANC and forced its leaders underground or into exile.
 recognized for three minutes.
 I would like to yield two minutes to one of our physicians in the House of Representatives, the gentleman from Georgia.
 Chairman Conyers outlined a number of those organizations and the broad sweep that they cover and their strong endorsement.
 Pursuant to the rule of the gentleman from Michigan, Mr. Conyers, and the gentleman from Texas, Mr. Smith, each will control 20 minutes.
 Votes will be taken in the following order.
 extraneous material and I yield myself as much time as I may consume.
 Therefore, protecting our intellectual property must be among our highest priorities.
 First, the Prioritizing Resources and Organization for Intellectual Property Act of 2008 reflects a bipartisan recognition and shared commitment to the strengthening of our nation's intellectual property laws.
 We led the fight in California against apartheid and I think we were one of the first states to impose sanctions.
 Law enforcement agencies and coalitions from all over the country, including the U.S.-Mexico Border Counties Coalition, the National Association of Counties, the California State Association of Counties, the Sheriff's Association of Texas, and the Virginia Sheriff's Association support this bipartisan legislation.
 and have our public policy identified by how we might side, whom we might side with, rather than how we might analyze the Constitution or the law.
 I stand here, Mr. Speaker, and applaud the gentlelady from California for bringing this legislation, because I think this is a constructive change to our policy, and the language very simply adds the words charge with or to the existing language of compensation for those convicted of.
 The opinion of the chair, two-thirds being in the affirmative, the rules are suspended.
 And I have two outstanding colleagues that we have found to have something in common.
 And just to be able to help a patient in their greatest need, but also to work with their families to comfort them as they saw their loved one going through a traumatic injury. We need to make sure that this country has a supply of nurses continuously.
 To and to the rule, the gentleman from Michigan, Mr. Conyers, and the gentleman from Texas, Mr. Smith, each will control 20 minutes.
 Speaker, I ask you to announce consent that all members may have five legislative days to revise, extend their remarks, and extend extraneous material on the resolution under consideration.
 forgiveness and educational incentive programs can help.
 Bill Speck, gentleman from Michigan.
 Last December I traveled to South Africa for World AIDS Day with our colleague Congresswoman Donna Christian Christensen.
 President Mbeki, former President Mandela, Father Mandela as he is called.
 of four votes, suspension bills, bills debated yesterday.
 Many of us were arrested during the anti-apartheid movement, myself included.
 In addition to authorizing the Office of the United States Intellectual Property Enforcement Representative, H.R. 4279 also raises the profile of IP enforcement within the Department of Justice through the creation of a new IP Enforcement Division.
 American inventors, artists, and businesses rely on intellectual property rights to protect the value of their creative works.
 And I would like to insert into the record at this point an exchange of letters between our two committees. I ask unanimous consent that they be included in the record.
 as they might, states simply can't fix failures in federal immigration policy on their own.
 Many ANC officials are now in fact officials of South Africa's government.
 Thank you Mr. Speaker, I yield myself such time as I may consume.
 The act devotes more resources to investigate and prosecute intellectual property crimes.
 May 12th being the birthday of Florence Nightingale, the founder of Modern Nursing, there is not a more appropriate time to celebrate the work done by nurses.
 Today's resolution honors the good work for all nurses.
 their primary function is to care for our aging population or to provide immediate aid to the sick, injured and injured. Our nurses provide quality patient care and support to keep our health care system running. As the
 Along with other health care professionals, a nurse is responsible for the treatment, safety and recovery of acutely or chronically ill or injured people. They
 I would certainly like to invite the distinguished gentleman, Mr. King, to consider joining us on such a codel.
 Introduced by myself, H.R. 1512 will help states obtain much needed reimbursement for the cost of detaining deportable illegal immigrants charged with or convicted of certain criminal offenses.
 This bill, Mr. Speaker, rightfully enjoys broad support from a wide range of industries, including the entertainment, pharmaceutical, food, automobile parts, and software industries. It has
 the Ranking Member of the Intellectual Property Subcommittee and a former Chairman of the Intellectual Property Subcommittee, as much time as he may consume.
 is 13 percent of our labor force and accounts for half of all the United States exports, driving 40 percent of the country's growth. As a result of less than effective enforcement,
 Arizona County Supervisors recently stated, this is a huge problem because we can't keep up with fixing roads, the other costs of law enforcement, and keeping up with health agencies.
 This was a bill that my predecessor, a great warrior, now the mayor of Oakland, California, Ron Dellums, had introduced for 12 long years.
 from Texas.
 reassured me that that would be the case. And I pointed out to him that it's difficult for us in this country to reach an objective position on these issues that are racially charged because it's so much wrapped up in who we are.
 is not the job of a political subdivision. It's essentially the job of the federal government.
 Specifically, I'd like to note the efforts of the Coalition Against Counterfeiting and Piracy, which has been so ably led by Mr. Rick Cotton, and the U.S. Chamber of Commerce, which of course is led by President Tom Donahue, and the Congressional International Anti-Piracy Caucus, which is led by Representative Adam Schiff of California and Bob Goodlatte of Virginia.
 Speaker, I yield five minutes to my good friend and colleague from Texas, Congresswoman Eddie Bernice Johnson, who literally we served with since 1973 with just a little break in the service.
 That is not acceptable, mainly because you have to be totally alert at all times.
 However, that report came back not quite apples to apples. There are conclusions that can be drawn. There are also gaps to our knowledge base.
 Increasingly stringent security measures passed by Congress since 2001 have further ensnared ANC members. Because the ANC used armed force as part of its campaign against the repressive apartheid regime in South Africa,
 Gentleman yields back. Gentleman from Michigan.
 I sit on the education committee and what I've been working on since I came here was making sure that our nurses get every opportunity to increase our numbers.
 Along with my many supportive colleagues, I want to thank the House leadership for bringing this important resolution to the floor. I urge your support and I reserve the balance of my time.
 In 1994, the country held its first democratic elections in which full enfranchisement was granted.
 jeopardizing our ability to provide the best quality care which each individual and each family deserves in this country of ours.
 and probably most importantly, H.R. 4279 provides a permanent and effective means of coordinating intellectual property enforcement activities.
 Objection sorted and the gentleman is recognized.
 Mr. Speaker.
 When I first joined nursing over 30 years ago, I worked in the intensive care unit and I spent most of my life there.
 In addition to the immediate care they provide to patients, they also have helped to educate, inform, and improve education and retention of nurses.
 1.8 million is the number of nursing, psychiatric, and home health aides.
 to have an open dialogue and be frank about our problems and be open in our discussion
 Due to clause 8 of rule 20 and the chair's prior announcement, further proceedings on this motion will be postponed.
 applaud the gentlelady for bringing H.R. 1512 and I support the expansion of SCAP funding to those who have been also charged with the crime.
 Such a list was created to shield certain organizations from the broad reach of the Immigration Act of 1990.
 Given the current state of the economy, preventing these crimes and enforcing IP laws must be a top priority for the federal government.
 Know that nurses advocate for their patients and provide personal care at the bedside.
 Notwithstanding this peaceful transition, the United States had not gotten around to giving ANC leaders the opportunity to enter this country. Because of certain provisions in the Immigration and Nationality Act currently require us to consider them still as terrorists.
 This coalition that supports pro-IP is indicative of the broad support and the need for passage of such legislation.
 Mr. Speaker, I urge my colleagues to support this bill, H.R. 4279, and I reserve the balance of my time.
 been used against those who used armed resistance to defend themselves against brutal and repressive regimes such as those in Cuba and Burma. They've
 once again encourage our side of the aisle to vote yes on this measure. We have
 Due to the rule, the gentleman from Texas, Mr. Green, and the gentleman from Nebraska, Mr. Terry, each will control 20 minutes.
 The bill is designed to harmonize the forfeiture provisions in Title II of the bill.
 Not everyone can be a nurse. It is a calling. And I salute those women and men that go into nursing.
 I think we could learn a heck of a lot in our own country by the leadership of President Mandela and how the people of South Africa, black and white, have come together to reconcile and to move forward to take South Africa into this new millennium, into a new South Africa.
 I close by simply saying good day for the freedom fighters of South Africa and the ANC.
 Staten and Trademark offices stationed representatives in foreign countries to advocate for better enforcement.
 Opposed say no.
 I asked for the A's and A's.
 into this negotiation also will be the formal request for the GAO study to look further at the effect of crime on the United States of America by criminal aliens.
 Mr. Speaker, I'll yield as much time as he may consume to the gentleman from Iowa, Mr. King, the ranking member of the Immigration Subcommittee of the Judiciary Committee.
 Moreover, the reimbursement must be requested in the year in which the conviction takes place and is limited to that one year, regardless of how long the expenses are incurred.
 These programs have trained thousands of nurses, but we are in desperate need of so many more.
 They serve in lead roles as part of the unified healthcare system. The Navy Nurse Corps practices progressive patient care.
 updated to reflect any waivers granted.
 hadn't been involved in this war of liberation, apartheid would still be existing in South Africa.
 it clear in the committee that I do not compare this to the things we see going on in Zimbabwe,
 H.R. 1512 corrects the current administration's errant reinterpretation of the law and provides states and localities burdened by the cost of jailing criminal aliens the opportunity to apply for and receive much needed reimbursement for the cost they bear from detaining deportable criminal alien immigrants charged with crimes.
 Although more than 2.5 million nurses work in the United States, our nation has suffered from a nursing shortage.
 no greater, in my opinion, profession than to be a nurse.
 Thank you, Mr. Speaker.
 The United States Chamber of Commerce has done an excellent job of documenting the extent of this problem.
 Throughout the process of developing this bill, we heard many expressions of support as well as a number of expressions of concern.
 means that state and local governments are left to pick up the tab.
 And let me thank you Chairman Conyers for yielding and for those kind words, but also for your leadership on so many issues.
 It's been 18 years since Nelson Mandela was released from prison.
 must make it increasingly difficult and costly for counterfeiters and traffickers, some of
 We all know how Mr. Mandela and other ANC leaders suffered unjust incarceration for decades at the hands of the apartheid regime.
 Mr. Speaker, in considering why we should take steps to improve the enforcement of USIP rights, members should be aware that United States' losses from global copyright piracy and counterfeiting cost our innovators and entrepreneurs from 200,000 to 200,000, strike that, from
 This is absolutely necessary in my opinion.
 Nurses are a key component of our nurses' health care system. Whether on the battlefield or at sea, in a skilled nursing facility, in a hospital or even in a patient's own home, the care that a nurse provides is very valuable.
 Thank you Mr. Speaker. In closing, I join my colleague from Nebraska in encouraging all our members to support this resolution in recognition of nurses for this week and I yield back my time.
 Speaker, I move to suspend the rules and agree to the resolution HR 1086.
 from Michigan.
 does give the ability to admit these individuals but to renew the stigma, if you will, of the name of terrorists because they were freedom fighters to save and preserve and to free South Africans so that they too might live in a democracy.
 I rise today in support of House Resolution 1086, acknowledging May 6th through May 12, 2008, as National Nurses Week.
 In closing, I wish to thank my colleagues, again, Congresswoman Johnson, Congresswoman Capps, Congresswoman McCarthy, for their leadership on this issue.
 I'd like to thank the gentlelady from Texas, Representative Eddie Bernice Johnson, Nurse Johnson, for advancing this legislation to help educate the American people about the critical role that nurses play in health care delivery.
 remind also the body that the record of post-colonial Africa is not a stellar record and there are
 H.R. 1512, a bill to amend the Immigration and Nationality Act to provide for compensation to states incarcerating undocumented aliens charged with a felony or two or more misdemeanors.
 I reserve the right to close, so if the gentleman would like to... Gentleman from Iowa. I thank the gentleman. I yield myself, so much time as it may consume.
 I thank my colleague for yielding and Madam Speaker, I rise in support of House Resolution 1086.
 in your spec.
 Second, the administration is granted the authority to waive the criminal grounds of admissibility with respect to aliens for activities undertaken in opposition to apartheid rule in South Africa.
 These thieves not only steal the creations of others, but also reap the monetary benefits by reproducing and distributing the products themselves.
 I offered an amendment to the Judiciary Committee before this bill, and the purpose of it was to send a message because I have traveled to South Africa and I have met with people there who expressed to me some concerns.
 A man from Iowa.
 and we need to ensure that we do the right thing. And as we look to make this country and to give this country a different face on terrorism, let us likewise be assured that we recognize that there are other groups that are similarly situated that we should take a look at.
 Nurses are recognized as the patient's primary advocate and every poll shows that nurses are always very trusted by the patients.
 inquire into how much time Mr. Green has. Gentleman from Nebraska has 17 minutes remaining. Mr. Green has 10 and a half minutes remaining.
 in support of H.R. 4279, the Prioritizing Resources and Organization for Intellectual Property Act of 2007, or the PRO IP Act.
 And that's in addition to the support we've already had from the Teamsters, the Directors Guild of America, SEIU, AFTRA, UNITE HERE, AFM, OPEIU, the Coalition Against Counterfeiting and Piracy, the Motor Equipment Manufacturing Association, the Motion Picture Association of America, even Pharma and NBC Universal.
 The amendment yields back as
 impact in America has been widespread.
 voted to authorize a subpoena for Vice President Dick Cheney's Chief of Staff as part of an investigation into the legality of controversial Bush administration counterterrorism policies. The Subcommittee on the Constitution, by a voice vote, authorized the subpoena of David S. Addington, who served as Vice President Cheney's legal counsel before becoming his Chief of Staff in 2005. That
 Mr. Speaker, I rise to recognize the gentlelady from Oakland, California, Barbara Lee, who for many years worked as Chief of Staff with our former colleague Ron Dellums on this subject.
 However, in 2003, the Department of Justice reinterpreted the SCAP statute and caused a drastic drop in every state's reimbursement.
 Even in the difficult economic times we find ourselves in, it is much more important that we address these problems quickly and effectively.
 Pursuant to clause eight of rule 20 and the chair's prior announcement, further proceedings on this motion will be postponed to
 Speaker, I yield three minutes to a colleague on the Energy and Commerce Committee and a good friend, Congressman Lois Capps, and also a nurse.
 The question is, will the House suspend the rules and pass the bill? So many of us are in favor say aye.
 so that South Africa could be the reconciled nation that it is today.
 Some commit crimes, and some of those crimes that are committed are of a very heinous nature.
 Once enacted, the ANC will be removed from terrorist watch lists. The ANC will receive the treatment befitting its status as a leading party and a close ally of the United States.
 Mr. Speaker, I'm proud now to recognize the subcommittee chairman from which this bill came and the chairman of the Foreign Affairs Committee, Howard Berman, for as much time as he may consume.
 Now as our baby boomers retire and our demand for nurses soars, let us use this week as an opportunity to reinforce our commitment to our current and our future nurses and thereby to a safer and healthier nation.
 Nearly 100 years before Congress formally established the Navy Nurse Corps in 1908, women worked as nurses aboard Navy ships and in Navy hospitals. As early as the War of 1812,
 been devastating to the continent.
 Mr. Speaker, I object to the vote on the ground that a quorum is not present and make a point of order that a quorum is not present.
 like to thank the author of this resolution, Mrs. Eddie Bernice Johnson of Texas, for her leadership in honoring nurses that have helped promote health, prevent disease, and help other Americans cope with illnesses. I
 We cannot do without them.
 This thing can be demanding, it can be tiring, it can be physically draining, but it couldn't be a better career.
 it is life-saving care.
 After the attacks on 9-11, Congress sought to exclude and remove terrorists from the United States by strengthening the terrorism bars in our immigration laws.
 the ANC is added to the list of organizations not considered terrorist organizations for immigration purposes.
 The theft of intellectual property has also cost nearly 750,000 Americans their jobs.
 think this bill is a healthy step in the right direction. I think it's a prudent thing to do and I think it says the right thing to the people in America, Mr. Speaker.
 Mr. Speaker, I rise now to yield to my dear friend and chairman of the Intellectual Property Committee, who has worked on this subject matter for so many years.
 been even used against women who were raped and enslaved by armed militia in Liberia.
 listen and we've listened well and need to pass this bill.
 So let me just thank again Chairman Conyers and Chairman Berman for bringing this bill to the floor today. It's really the right thing to do.
 Good day for Father Mandela who led the fight on reconciliation and peace along with Bishop Tutu. Good day for all of them as we stand here acknowledging that they are heroes, freedom fighters fighting for democracy and equality to the
 Second, in Section 301, places an affirmative limitation on the authority of the new IP enforcement representative that makes clear the official has no authority to control or direct law enforcement agencies in the exercise of their respective investigative or prosecutorial direction in particular cases.
 And I also salute the women and men that are fighting in Iraq and Afghanistan and taking their nursing care to the soldiers and giving them comfort when they need it.
 Caps from California, McCarthy from New York, and
 recognizing National Nurses Week on May 6th through May 12th, 2008.
 Mr. Speaker. Gentleman from New Jersey.
 However, despite these efforts, intellectual property theft is on the rise.
 The opinion of the chair, two-thirds being in the affirmative, the rules are suspended. The bill is passed and without objection, the motion to reconsider is laid on the table.
 Mr. Speaker, I urge my colleagues to support this bill, and again I want to thank Mr. Berman and Chairman Conyers and Chairman Lofgren for working in good faith to address concerns with the bill as it was introduced.
 co-chair of our House Nursing Caucus, and I was honored to be joined by 155 of our colleagues in a letter to the Appropriations Committee requesting additional funding for nurse education programs.
 contribute to relief efforts in all corners of the globe.
 In 2003, however, DOJ reinterpreted the SCAP statute to require that a criminal alien be actually convicted of a felony or two misdemeanors.
 And the question has got to be constantly before us, since we're charged with the responsibility of protecting the American people, and it's very much
 The amendment is recognized.
 currently in the profession are beginning to retire.
 With that being said, I hope my colleagues will support H Resolution 1086 and recognize National Nurses Week.
 as part of the federal policy of South Africa to transfer a significant portion of the land from right now under the deeds held by white South Africans into the deeds of black South Africans. I may
 States and localities would be reimbursed for the cost of incarcerating criminal aliens who are either charged with or convicted of a felony or two misdemeanors regardless of when the incarceration and conviction occur.
 So instead of continuing to penalize the ANC for their political struggle against apartheid, we really should be commending them for their work in transforming South Africa into a beacon of democracy and just look at how they have moved forward in their peace and reconciliation process.
 Thank you very much, Mr. Speaker.
 Every dollar reduction in SCAP reimbursement sends one less dollar that law enforcement agencies have to hire new officers, provide essential training, make critical equipment purchases, and detain other, perhaps more violent, inmates.
 We've been able to work out these issues on a bipartisan basis at every step of the process.
 I urge my colleagues to heed the words and vote in favor of this important legislation.
 toothpaste, medicines, cigarettes, fake auto parts are but a small sample of the virtually unlimited supply of goods that have been counterfeited.
 This is accomplished by providing focused and accountable strategic leadership in the executive office of the president and at key enforcement agencies.
 Some of whom are connected to organized crime to steal and profit from American innovations.
 how the apartheid regime labeled its opponents as terrorists, as communists, and anything else they could invent to accuse them of that was negative, in an attempt to deflect criticism of their own institutions of repression and racial separation.
 Many of us had to go to Europe just to meet the members of the ANC to talk about how we could help in the brutal regime of apartheid which was killing so many people, dehumanizing the whole country, and was one of the most ruthless systems that we have ever known.
 subcommittee met earlier today and again you'll have a chance to see it later in our program schedule.
 No further requests for time. I thank the gentlelady Barbara Lee of Oakland, California for closing our statement and I return all unused time.
 That is what this legislation does and I appreciate all of the hard work that is going on.
 from Texas.
 from Texas.
 The bill creates an additional 10 attachés at the United States Patent and Trademark Office who will be assigned to work with foreign countries to better coordinate our international enforcement efforts.
 Nurses are intelligent individuals who must often make quick decisions in an effort to save the life of a patient, even before the physician arrives.
 I rise today, Mr. Speaker, to support this bill and to encourage open dialogue globally and continuing communication and interchange with the people of South Africa and people of all nations on the earth.
 Clerk will report the title of the bill.
 proud to be a co-sponsor of this bill.
 In addition to kicking off National Nurses Week today, we are also celebrating the comforts and care that nurses provide by recognizing May 6th as National Nurses Day.
 And I urge my colleagues to join me in supporting this resolution.
 understandable that the ANC be added to that list.
 Unfortunately, the tremendous success of these innovators, creators, and rights holders has made them prime targets for thieves who seek out items protected by patent, copyright, trademark, or trade secret designation.
 and in support of National Nurses Week. I commend my friend and fellow nurse, Ms. Johnson, for introducing this resolution.
 Texas.
 Mr. Speaker, may I inquire how many more speakers Mr. King has remaining? I have no further speakers.
 They are tasked with closely monitoring even small changes in a patient's health and they are some tough, directed, decision-making people under stress and in difficult situations.
 no further speakers, I continue to reserve.
 nation's intellectual property as the basis for economic success and security.
 I rise to support this legislation Mr. Chairman, Mr. Speaker, because it is an important step forward.
 I believe it's a sin against humanity to maintain those policies whether they are in the United States or South Africa or anywhere else.
 I urge my colleagues to support this bill and I reserve the balance of my time.
 states no longer receive reimbursements unless first the criminal alien is convicted of a felony or two misdemeanors.
 We covered earlier a hearing that you'll see later in our program schedule. A congressional quarterly writing about the Judiciary Subcommittee hearing today.
 yields back his time.
 I would also like to say we have no further speakers on this side, so I will yield back the balance of my time.
 $200 to $250 billion each
 Intellectual property protection is among the key issues that will determine American competitiveness in the 21st century.
 H.R. 3658, a bill to amend the Foreign Service Act of 1980 to permit rest and recuperation travel to United States territories for members of the Foreign Service.
 aware of the recent efforts the administration has taken to stem the tide of counterfeit and pirated products.
 point of no quorum is withdrawn.
 This woman from California is recognized for three minutes.
 These conditions are directly contributing to our inability to retain many qualified nurses in the hospital setting.
 Nursing is a career that has been valued for a long time and it is fitting to recognize the Navy Nurse Corps on its 100th anniversary this year.
 The gentleman is recognized.
 the cost of those crimes can be quantified if we c of crimes that are being aliens and in what catego
 I urge my colleagues to support the legislation and yield back the balance of my time.
 fighters against apartheid in South Africa who shed their blood.
 Mr. Speaker, I thank you and I yield myself such time as I may consume.
 each of whom I've enjoyed working with in developing and advancing this legislation.
 H.R. 5690, a bill to exempt the African National Congress from treatment as a terrorist organization for certain acts or events, provide relief for certain members of the African National Congress regarding admissibility and for other purposes.
 I urge all my colleagues to support the goals of National Nurses Week, and I yield back the balance of my time.
 any jails in my district that will be beneficiaries of this piece of legislation.
 I thank the Speaker and ask unanimous consent to revise and extend.
 Objection sorted.
 We have no further speakers.
 Again, I reiterate, they are former nurses, although I don't know if you're ever a former nurse.
 I pay special tribute to my esteemed colleagues in Congress who introduced this resolution and who are themselves nurses.
 This year he will turn 90 years old. Yet to this day, to this day, despite his legacy as a hero of the anti-apartheid movement, despite the fact that he is a Nobel Peace Prize recipient, he received the Peace Prize in 1993,
 This particular legislation is an important step forward, but I might suggest to my colleagues that I hope that on the floor today we're making a legislative statement and providing legislative history so that the Department of Homeland Security and the Secretary of State or the State Department will not dilly-dally around because
 Mr. Speaker, I object to the vote on the ground that a quorum is not present and I make a point of order that a quorum is not present.
 The gentleman from Texas is recognized.
 Thank you very much, Mr. Speaker.
 Thank you, Mr. Chairman.
 time has been yielded back.
 level of counterfeiting and piracy of U.S. intellectual property rights translates to job losses, lower tax receipts, and a greater trade deficit.
 The bill finally would require the Secretary of State, in coordination with other agencies, to ensure that government databases are updated so that they are consistent with exemptions provided in the bill.
 And on the Republican side, as they are upset about the Democrats bringing the Iraq funding bill, the additional spending in Iraq and Afghanistan, to the House floor, plans
 Mr. Speaker, I yield three minutes to our colleague from New York, Carolyn McCarthy.
 I'm the gentleman from Nebraska.
 The direct result of that ban was that under U.S. law, individuals convicted of crimes, including the Nobel Laureate and former President of South Africa, Nelson Mandela, were deemed inadmissible for entry to the United States.
 We don't really know how many there are or what crimes they are charged with or convicted of or how long time they spend in our prison systems.
 And obviously also, as we all do in this chamber, on the issue of terrorist organizations and inadmissibility for those organizations.
 Thank you Mr. Speaker. I ask unanimous consent that all members have five legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.
 Pursuant to Clause 8 of Rule 20, proceedings will resume on questions previously postponed.
 I'm also pleased to say that the amendments adopted in the bill before us go a long way to alleviating concerns raised over the operational independence of agencies like the USTR and the Department of Justice without compromising the underlying reforms.
 The gentleman from Michigan, Mr. Conyers.
 Lastly, I want to offer thanks and gratitude to my colleagues on both sides of the aisle for passing this bill unanimously through the Judiciary Committee and for bringing it to the floor today without any amendments.
 Honourable Congresswoman Maxine Waters, a great leader who just recently received, as did Mayor Ron Dellums, one of the highest honours by the South African government.
 is something that can't be undermined by cheap labor prices overseas. It's an American product.
 I, too, want to recognize and express thanks to Judiciary Chairman John Conyers, Ranking Member Lamar Smith, and Subcommittee Chairman Howard Berman for having made every effort to address all concerns raised during the development of this legislation.
 Gentlemen is recognized ladies
 Congresswoman Lewis Capps and Congresswoman Carolyn McCarthy who are also nurses and champions of this resolution and of the profession.
 We have many young people that want to go to nursing school, but what we have found over the years, we don't have enough professors to be able to teach them to be nurses.
 The bill is passed and without objection, the motion to reconsider is laid on the table.
 And so I challenge the Ambassador Nalopo that that is a very difficult standard, that we can't meet it here in this country. As long as our as old as our traditions are for freedom, as much sweat and toil and blood has been spilled to keep people free, make them free and keep them free, we still can't extricate ourselves from being wrapped up in that debate.
 HR 1512 expands the state criminal alien assistance program to compensate states for incarcerating illegal immigrants who are charged with and not only convicted, which is under the current program, charged with a felony or two or more misdemeanors.
 And we were asked by many people many times over and over and over again why President Nelson Mandela was still on the terrorist list. Well, we were quite frankly very embarrassed and shocked and we were determined that we would do everything we could to finally again put our country on the right side of history.
 many of the seniors who are now in their retiring years, who when they come to the United States are detained, interrogated, and embarrassed by our own treatment of these heroes.
 Congress must do more to encourage bright young minds toward nursing.
 Mr. Speaker, I think I have only one speaker left, but might I say a word about the distinguished ranking member, Lamar Smith of Texas, who's worked with us incredibly with deliberation, he's brought parties together.
 SBR 4279, a bill to enhance remedies for violations of intellectual property laws and for other purposes.
 I recognize the gentleman from Texas.
 works, unfortunately, are being ripped off around the world.
 And thanks again to the ranking member from Texas, Lamar Smith, whose bipartisan discussions have enabled us to reach this point. This is
 In recent years, the federal government has made progress in improving both our domestic and global enforcement efforts, but it is also clear that achieving success in the fight against piracy and counterfeiting requires government-wide coordination and cooperation.
 Members will record their votes by electronic device. This will be a 15 minute vote to be followed by five minute votes.
 As a co-sponsor with this legislation and a long advocate against apartheid, I am especially pleased that we are taking this important step to finally right this inexcusable wrong.
 The Act also provides more resources for the U.S. government to work with other governments to improve intellectual property enforcement abroad.
 OBGYN physician for almost 30 years, I was fortunate to work with intelligent, hardworking, compassionate nurses and they were indeed a cornerstone of the high quality health care that we provided.
 Through a largely peaceful transfer of power, apartheid is a thing of the past, and South Africa now has a representative democratic government.
 The gentleman from Texas.
 Thank you Mr. Speaker. You know, immigration is probably the signature federal policy issue.
 I rise to recognize the distinguished gentlelady from Texas, Sheila Jackson Lee, who's worked with Steve King and suggest that there may be a codel going to this part of the globe in
 Mr. Speaker, today we act to restore the State Criminal Alien Assistance Program, or SCAP, to its original meaning, that which Congress originally intended it to have.
 The nation continues to face a nursing shortage with a projected one million new nurses needed by 2016. It's especially important that everyone is aware of the sacrifices nurses make on a daily basis for our country.
 also help to maintain a patient's health and provide treatment to those who are facing life-threatening emergencies.
 proud to especially recognize the Navy Nurse Corps for its centuries of outstanding service for our military men and women.
 It wasn't until the mid-80s that finally Congress put our country on the right side of history by overriding President Reagan's veto to impose sanctions.
 While this bill on its own won't solve the fiscal crisis many states now face, it will help in the long term by covering a greater share of costs that properly belong to the federal government.
 However, counterfeiting and piracy cost the United States economy somewhere in the neighborhood of $250 billion a year and creates the loss of about 750,000 American
 The Pro-IP Act will help strengthen enforcement of intellectual property rights domestically and internationally through enhanced criminal and civil penalties for intellectual property crimes, better high-level coordination among Federal Government agencies, and increase resources to domestic and foreign law enforcement authorities.
 Mr. Speaker, I yield to the gentleman from North Carolina, Mr. Coble.
 I urge my colleagues to support HR 4279 and I yield the balance of my time back and I thank the distinguished gentleman from Texas for having yielded to me.
 Congresswoman Johnson.
 I certainly tip my cap to my fellow nurses that go through this every single day.
 I voice my concern about that.
 that the federal government's job it is to guard and protect our borders.
 I have no further speakers on this side. Now you are back to balancing my time.
 Today the ANC serves as the majority party in a diverse ruling coalition.
 I spent over 30 years as a nurse, and it was mentioned earlier, someone said, once a nurse. Well, let me say, once a nurse, always a nurse. We carry our duties even here to the House of Representatives.
 One, it recognizes significant contributions of nurses to the healthcare system of the U.S., supports the goals and ideals of National Nurse Week as founded by the American Nurses Association, and encourages the people of this nation to observe National Nurse Week with appropriate recognition, ceremonies, activities, and programs to demonstrate the importance of nurses to the everyday lives of patients.
 I certainly support this and I yield back the balance of my time.
 And because of the inspiration that's brought forward because of this bill of Ms. Sanchez, H.R. 1512, we engaged in the Judiciary Committee in dialogue about how we can better gather that information.
 The current law continues to regard the ANC as a terrorist organization and to deny entry to members based on their affiliation with the ANC.
 In the opinion of the chair, two-thirds being in the affirmative, the rules are suspended. The bill is passed, and without objection, the motion to reconsider it is laid upon the table.
 As a registered nurse currently serving in Congress, I feel it is my duty to advocate not only on behalf of my patients, but also on behalf of my fellow nurses.
 This includes the creation of an intellectual property enforcement representative in the Executive Office of the President and requiring that a national strategic plan to counter intellectual property theft be created, complete with clear goals and benchmarks that will facilitate accountability.
 Members of the House, the American National Congress is a rare example of an oppressed people fighting for their freedom and then leading a successful and peaceful transition to a modern nation.
 are released, we need to released into the hands o been processed for deport to be the law or if they'r the streets and they're g
 We are facing a terrible shortage of nurses.
 deadly bombings of civilians. There were so-called necklaces in which car tires were put around persons' necks and set on fire. I am
 And the losses attributed to counterfeiting and piracy affect more than the inventor.
 Leaders such as Nelson Mandela, Walter Sassuolo, Govan Mbeki, the father of President Thabo Mbeki, were continually barred from entry to the U.S. and had to apply for special waivers to gain entry.
 This is a week to recognize nurses as being the largest single component of health care profession with over 2.5 million registered nurses in the United States and a critical role they play in providing care not only to the citizens of America but are also serving our nation in both Iraq and Afghanistan.
 Five hundred and thirty one thousand is the number of licensed vocational nurses.
 And hiding our dialogue because we're afraid we might hurt someone's feelings only pushes the problem further downward instead of letting it surface so that we can all address it together with open eyes, open ears, and open dialogue.
 of no quorum is withdrawn.
 I look forward to working with Ms. Lofgren and Mr. Smith and others on this particular subject matter.
 Finally, Mr. Speaker, I want to recognize some of the stakeholders who have worked so diligently on this effort.
 A gentleman from Nebraska.
 The clerk will report the title of the resolution.
 we fail to do our job, when we don't have sufficient constraints in place at our borders or at our airports or our ports of entry, then the result of it is that this burden of law enforcement falls upon the political subdivisions on the states, on the cities, and on the counties to enforce the law. And when they do, they incur these costs. This
 Thank you very much, Mr. Conyers.
 back.
 It will elevate IP enforcement within the Department of Justice and provide more resources for investigating and prosecuting IP crimes.
 In supporting the pro-IP bill, the House will send a clear message that there is a bipartisan commitment to ensure the next President and succeeding administrations have the resources, organizations, and strategies required to protect our vital national and economic interests.
 These bars have been used against the brave men and women who fought side by side with the United States forces in Southeast Asia.
 And as we move forward with this piece of legislation that I believe is a constructive move in the right direction that helps to compensate, and it won't be all, but it'll be at least in part help compensate the political subdivisions for their costs incurred to enforce laws against criminal aliens, it adds to it those charged with the crime, not just those convicted of a crime or two serious misdemeanors. But
 Mr. Speaker, first of all, I'd like to say that it's always nice when the gentleman from California, Mr. Berman, and I can agree on immigration issues, as we did in this particular instance.
 Today there are 2.4 million registered nurses in the United States.
 Finally, the bill directs the administration to ensure that government databases used to determine admissibility to the U.S.
 And the very fact that we are funding Title VIII nurse education at the same exact amount that we did over 30 years ago is quite frankly inexcusable.
 enjoys a rich heritage accompanied by high-tech training.
 The Act strengthens our civil and criminal laws in ways that attack the organizational structures intellectual property thieves are using and reduce the economic incentives that thieves have to engage in commercial-scale counterfeiting and piracy.
 For what reason does the gentleman from the address arise? I object to the vote on the ground that a quorum is not present and make a point of order that a quorum is not present.
 South Africa provides hope that genuine reconciliation between historically opposed groups can in fact be achieved.
 The opposed say no.
 When we fall down on the job, states, cities, and counties bear the burden for an immigration system that simply isn't working.
 It closes the books on the evils of apartheid, and so I'm very proud to bring this to the floor with the members that I have mentioned.
 And it will increase penalties for IP violations that endanger public health and safety.
 The gentleman from Texas.
 encourage anyone interested in learning about these issues to visit the Chamber's website for additional information or to take the time to watch the documentary, Illicit, which was produced by the National Geographic and the Chamber.
 a true warrior and we would never be at this place today had it not been for yourself.
 In that insult to injury, President Bush has zeroed out SCAP and his budget proposals for the last six years.
 And because of that, I've also dug a little deeper into the readings and the current events.
 Not surprisingly, this novel reinterpretation, which contradicted Congress's clear intent as well as DOJ's consistent interpretation from 1994 to 2003, caused every state's reimbursement to fall dramatically.
 Nursing schools need help attracting well-prepared faculty to recruit the best and brightest for the educational programs.
 I'm from Nebraska.
 The chair recognizes the gentleman from Michigan.
 no further request for time, so Mr. Speaker, I yield back all of our time.
 The ayes and nays are ordered or on which the vote is objected to under clause six of rule 20.
 Before closing, Mr. Speaker, I'd like to note for the record three final amendments that the managers agreed to incorporate into the bill.
 All say no.
 a statement in the record.
 difficult here in the United States with our traditions. It's far more difficult in South Africa. We
 I urge my colleagues to support their local law enforcement agencies by voting for this bill, and I yield back the remainder of my time.
 And while our government agencies are doing more today to protect intellectual property than ever before, the reality is that we must do much more.
 has had profound effects, preventing us from protecting vulnerable refugees and asylum seekers, and resulting in embarrassing denials of visas for Nelson Mandela himself and other foreign heads of state. We
 I would reserve the balance of my time.
 Motion to suspend the rules with regard to HR 3658, H Con Res 317, H Res 1109, S 2929, in each case de novo, and motion to instruct on HR 2419 by the yeas and
 1990 legislation, any guerrilla group would find itself within the definition of a terrorist organization.
 American technology, entertainment, and productivity-based enterprises serve as the cornerstone of our economic and export strength.
 and the important impact that nurses make to the lives of patients and their role in the arena of public health. This is central to our delivery of health care.
 The gentleman is recognized.
 I look forward to working with members of the associations, academia and others in making certain that we continue to increase the amount of nurses,
 And I do want to affirm one point that he raised.
 many problems in the continent, many of those in the southern part of the continent of Africa,
 Pursuant to the rule, the gentlewoman from California, Ms. Sanchez, and the gentleman from Iowa, Mr. King, each will control 20 minutes.
 Gentlemen from Michigan.
 More than 750,000 Americans in communities across our land have lost their jobs due to counterfeiting and piracy.
 economic threat and safety problems that counterfeit and pirated products pose for U.S. businesses and consumers must be dealt with.
 And so now as a result, the measure is supported by the Consumers Electronics Association, the Digital Media Association, the Net Coalition, the Internet Commerce Coalition, the Coalition for Consumers' Pictures Rights, and the Printing Industries Association, and more.
 adverting a tidal wave of expenses that could have overwhelmed those state and local budgets.
 in her capacity as member of Congress and former staffer she has stayed on the course for all of these years and I yield her as much time as she may consume.
 And for me, I come to this debate with more concern than many because I still maintain vivid memories of what went on in the streets of South Africa during those anti-apartheid riots and demonstrations and strategic actions that took place, black against white, white against black.
 has broad bipartisan support and the support of many respected law enforcement groups. I would
 co-sponsors resolution, I'm proud to lend my voice in support of our nation's nurses.
 The work was challenging but fulfilling and thatís why I still remain very interested in quality care for all of our veterans.
 I yield three minutes to our fellow engine commerce member and Congressman Towns from New York.
 And the result is some get through, through the borders, through our ports of entry.
 should also, I think, take into account as we decide what to do on this, the very powerful and legally binding truth and reconciliation process in South Africa, which provided a restorative justice process that solved many of the wounds of the apartheid era.
 I yield back and thank you.
 Volunteers performed nursing duty in places that were often dangerous and required courage in the face of adversity.
 Texas reserves this time, the gentleman from Nebraska.
 Gentlemen from Michigan.
 Over the past 25 years, perhaps no group of industries has contributed more to the tremendous and sustained growth in our economy than those who rely on strong patent, trademark, and copyright protections.
 The Department of Justice is prosecuting and convicting more intellectual property thieves.
 I move to suspend the rules and pass H.R. 5690 as amended, removing the African National Congress from treatment as a terrorist organization.
 The remaining electronic votes will be conducted as a five-minute vote.
 The resolution before us encourages all Americans to observe this week as National Nurses Week by showing appropriate recognition to nurses and creating programs and activities during the week to demonstrate the importance of nurses.
 congratulate him on that. And I rise today in support of H. Res. 1086, recognizing National Nurses Week on May 6 through May 12.
 honor to be being part of the debate on a bill being managed by the chairman of the Judiciary Committee who perhaps is one of the first members of Congress to speak out and lead the effort against the old apartheid regime going way back into the late 60s and early 1970s and who along with Congressman Ron Dellum and many others led the effort in 1986 I believe it was to
 they're released from a m county jail or a state p
 I appreciate my good friend from Iowa who has given us a global overview, but I want to remind my colleagues that this is a pointed and focused legislative initiative, along with the leadership of Chairwoman Zoe Loughran, that we have gotten to a point that is long overdue.
 The woman is recognized.
 And it's important that we compensate political subdivisions when
 I reserve the balance of my time.
 recognized.
 A gentleman from Texas.
 We've seen a couple of procedural votes so far in the U.S. House.
 counterfeit and pirated products may account for up to 8% of world trade, and a significant portion of this illicit trade are knockoffs of American products.
 Today we do the same for the ANC and its members, in addition to specifying that the ANC is not on the list of terrorist organizations under the Immigration and Naturalization Act.
 This committee of ours, the Judiciary Committee, has given these items involved in the measure extensive consideration, lots of compromise back and forth, and we feel that this bill will make important contributions to the fight against counterfeiting and piracy.
 The opinion of the chair, two-thirds being in the affirmative, the rules are suspended. The resolution is agreed to.
 objection.
 I want to thank the Chairman and the Chairman-Chairman for the work they've done and for the Ranking Member on this bill.
 is just plain wrong.
 And so we are trusting in them, we're entrusting to them this noble responsibility to do well by Father Mandela, to do well by President Mbeki, or former President Mbeki.
 Mr. Speaker, I yield myself so much time as I may consume.
 Congress already granted the administration waiver authority for the terrorism-related grounds in last year's omnibus spending bill.
 I urge support of the bill and I yield back.
 I ask unanimous consent that all members have five legislative days to revise and extend their remarks and incorporate extraneous material on the bill under consideration and yield myself as much time as I may consume.
 The gentleman is recognized.
 what purpose does a gentleman from New Jersey rise? I object to the vote on the ground that a quorum is not present and make a point of order that a quorum is not present.
 both believe the available statistics on criminal illegal immigrants in the United States leave much to be desired.
 The bill, as mentioned, specifically removes the ANC from treatment as a terrorist organization and grants the Secretary of State and the Secretary of Homeland Security the discretionary authority to determine that certain criminal and security-related grounds of inadmissibility do not apply to an alien with respect to activities undertaken in opposition to apartheid rule in South Africa.
 Thank you, Mr. Speaker.
 from Georgia is recognized for two minutes.
 The United States throughout the 1970s and 1980s had a much too cozy relationship with the apartheid government of South Africa, which had labeled the ANC as a terrorist organization.
 On that note, Mr. Speaker, I yield back the balance of my time.
 And I would point out, Mr. Speaker, for the observation of the body, that to listen to an analysis of the political campaigns that are going on now, and in fact today, to listen to an analysis of the predictions of those going to the polls in the Democrat primary in places like Indiana and North Carolina, which are taking place right now, you
 Mr. Speaker, the Federal Government, under the State Criminal Alien Assistance Program, which we refer to as SCAP, reimburses part of the expenses that States and localities incur in incarcerating illegal immigrants who have been convicted of a felony or of two or more misdemeanors.
 All time has expired. The question is, will the House suspend the rules and agree to House Resolution 1086? Those in favor say aye.
 The Congressional Nurses Caucus was also helpful in promoting the legislation and I appreciate the members' efforts to rally for the support of H.R. 1086.
 When we look at the future, we're seeing today in our hospitals such a shortage of nurses that a lot of the nurses are doing a lot of overtime. When they take a day off, they're always called to come back in.
 In addition to undermining our global economic primacy, counterfeit and pirated products can threaten the health and safety of American consumers, American pet owners, steal income from legitimate businesses, deprive American workers of good jobs, and undermine the necessary incentive for innovation and creativity which has made America the great country that it is.
 A comprehensive measure, it is not confined to making marginal improvements in the available civil and criminal authorities.
 Without objection, so ordered.
 So that's where this measure comes in.
 This federal investment will allow state and local enforcement agencies to devote more resources to important public safety programs.
 All of us who were involved during that time, you had to take risks.
 This wrapped up debate on four or so suspension bills dealing with issues like intellectual property, National Nurses Week, and also the African National Congress exempting that group as treatment as a terrorist organization in the recent last week's State Department annual report on terrorist organizations.
 This means the neighborhoods I represent in Southern California are at risk.
 rise today in support of H.R. 4279.
 Then in memorial, I'd like to remember the chairman that preceded Mr. Berman, Tom Lantos, for their work on this bill.
 Thank him publicly.
 Mr. Speaker, for what purpose does the gentleman from Michigan rise? I move to suspend the rules and pass H.R. 4279 as amended.
 Come to order.
 is
 The ANC was fundamentally involved in a war of liberation against the oppressive apartheid regime in South Africa for over four decades.
 not necessarily a strict immigration bill, it is people who are coming into the country legally, but
 attending to the wounded abroad, nurses are also on the front lines of our health care system here at home.
 Additionally, I wish to pay special tribute to the nurses who are serving in Iraq and Afghanistan and the nurses who generously tend to those who suffer wounds from these conflicts.
 I yield the gentlelady from Texas at least three and a half minutes.
 The gap was created in 1994 to reimburse states and localities for arrest, incarceration, and transportation costs incurred in detaining criminal aliens.
 First, I want to point out that I believe there has been a constructive compromise that has been reached across this aisle that has not necessarily closed loopholes, but made some clarifications that help protect this country from kind of a blanket waiver, so to speak, with any of those formerly potentially violent members of the ANC.
 The ayes and nays are requested. Those favoring a vote by the ayes and nays will rise.
 yields back.
 Therefore, because we are relying on our nurses so heavily, and because we currently are experiencing a shortage of nurses, it is critical to support nurse training programs.
 Mr. Speaker, the African National Congress has played a significant role in history.
 reported by voice with strong bipartisan statements of support.
 came to my office yesterday. We sat down in my office for a good strong hour and discussed these issues.
 recognizes that there's significant cost involved in processing criminal aliens and the investigation, the arrest stage, and the indictment stage.
 Let me thank my colleague and friend of longstanding, also thank the minority side for their assistance, and both Chairman Dingell and Ranking Member Barton. As a registered nurse with a master's degree, it is a privilege and a delight to offer a resolution recognizing National Nurses Week, which is May 6th through 12th.
 stay in the profession because it is a calling.
 will come to order.
 so much unpleasant economic news in the headlines, the measure before us, H.R. 4279, puts resources toward aiding a sector of the economy that employs an estimated 18 million workers
 All in favor?
 such diverse partners as the Chamber of Commerce and the Teamsters. When the
 The gentleman is recognized.
 can remember during that period, the ILWU for example, protested. In fact,
 Across the country, the SCAP reimbursement cuts have had a domino effect, where funding for anti-gang activities, homicide investigations, anti-terrorism activities, and even basic maintenance is cut to pay for expenses associated with incarcerating criminal aliens and suspected criminal aliens.
 hard work shows in both the scope of the reforms and in the strong support for the bill by U.S. businesses and labor groups.
 And once they prevailed, their response to gaining political power was not retribution and reprisals, but truth and reconciliation.
 CHR 4279, the Prioritizing Resources and Organization for Intellectual Property Act of 2008, which is also known as PRO-IP, is a measure designed to respond directly to these challenges.
 The vote time has expired, the question is will the House suspend the rules and pass HR 1512. Those in favor say aye.
 I thought in that study I would get the answers to the percentages of our inmate populations that are criminal aliens, what crimes they might have convicted, and quite a list of things that would help us establish our policy, both law enforcement policy and our immigration policy.
 Despite recognizing two decades ago that America's place was on the side of those oppressed by apartheid, Congress has never resolved the inconsistency in our immigration code that treats many of those who actively oppose apartheid in South Africa as terrorists and criminals, in part because the apartheid regime labeled them as such.
 Much has changed for South Africa since those dark times. President de Klerk and Nelson Mandela negotiated an end to the conflict and an end to the apartheid system on behalf of the National Party and the African National Congress.
 The gentleman from Nebraska reserves his time. The gentleman from Texas.
 As has been mentioned before by both of my colleagues, the nursing shortage in this country is at a crisis point.
 I yield the balance of my time.
 Good friends, the Congresswoman Barbara Lee and Congressman Don Payne were part of those who initiated this effort. And it is pointedly to focus on really what we would call heroes.
 you.
 in
 continue to encourage more young people and those seeking a change in career to join the nursing profession.
 First of all, I rise to support my colleague for bringing this resolution forward. I want
 Thank you, Mr. Speaker.
 from Georgia yields back his time until
 Gentleman from Texas.
 Mr. Speaker, at the outset, I want to recognize Chairman Conyers, Subcommittee Chairman Berman, and Ranking Member Howard Coppola of the Subcommittee.
 and the federal government's not doing the job they need to be doing. This is a natural result of it and I expect that this has come from a request of those political subdivisions, although they aren't making this request necessarily in my district, there are
 rampant counterfeiting and piracy of U.S. products is having a devastating impact on our economy.
 Congress has begun to take corrective action, and last year we removed a number of freedom-fighting groups from treatment as terrorist organizations.
 The ability to create, innovate, and generate the best artistic, technological, and knowledge-based intellectual property is the formula for continued growth in the global economy, fundamental to the promotion of human progress.
 While
 is recognized.
 Despite his election as president, we still require Nelson Mandela to apply for a visa waiver to enter into the United States just for a visit.
 because unlike the previous legislation, this does not order it to be done. It gives those departments the discretion to be done as they have requested.
 Thank you, Mr. Chairman, for the time.
 Without objection, the motion to reconsider is laid on the table.
 I yield myself as much time as I may consume.
 Just in summation, Mr. Speaker, this is a component of taking this legislation in the right direction.
 Consequently to clause eight of rule 20 and the chair's prior announcement, further proceedings on this motion will be postponed. The point of no quorum is withdrawn.
 H.R. 4279 will bolster US efforts to combat counterfeiting and piracy.
 Thank you, Mr. Speaker.
 the bill contains a sense of Congress that the administration should immediately exercise, in appropriate instances, the authority granted under the bill to waive grounds of inadmissibility for the anti-apartheid activities of aliens who are current or former officials of the Government of South Africa. I am
 Mr. Speaker, this bill is a long overdue one, and it's the direct result of a stunning and frankly embarrassing story for the United States.
 want to thank you very much, my colleague from Texas, of course, Mr. Green, and of course others who have been involved in this resolution.
 And I'd like to thank Lois Capps and Bernice Johnson for bringing this forward on House Resolution 1086, recognizing National Nurses Week.
 Madam Speaker, I rise today in strong support of H. Resolution 1086, recognizing National Nurses Week, which is May 6th through May 12th of this year.
 Smith, the ranking member of the full Judiciary Committee, and I
 The intent of H.R. 5690 is to purge the United States of any residual effect of its former policies with regard to the South African government and to update U.S. law with regard to the ANC.
 I thank them for their efforts to encourage more than 110 congressional colleagues to co-sponsor this bill honoring nurses.
 So in the Higher Education Act, there is money in there, there's going to be funding in there to make sure that those that want to go into a higher education to be able to teach nursing, it can work out for us.
 Those opposed say no.
 cannot hear a political pundit talking head analysis without race and gender coming into that debate.
 In fact, I would bring the Chamber's attention, Mr. Speaker, to a report that was issued by the GAO in April 2005 that identifies that the Federal Government is reimbursing 25 percent of the costs of the incarceration of criminal aliens within the institutions in the United States. But
 ANC couldn't even travel outside of New York, couldn't come to Washington, D.C. because they were considered a terrorist organization.
 H.R. 1512 amends the SCAP statute so that states and localities can be reimbursed for the cost of incarcerating aliens who are either charged with or convicted of a felony or two misdemeanors, just like it was before the DOJ's reinterpretation in 2003.
 I ask unanimous consent that all members have five legislative days to revise and extend their remarks.
 And yet these people who steadfastly fought for freedom and chose the path of peace once they came to power are now blocked from entry to the United States.
 For these reasons, I am an original cosponsor of the Pro-IP Act.
 This standard incorporates bold and urgently needed provisions that will permanently elevate the importance of intellectual property IP enforcement in the future administrations.
 Thank you Mr. Speaker and thank you Chairman Conyers for those kind words.
 I'd like to thank Committee Chairman of the Judiciary, Howard Berman, but also in his capacity as a chair of the Foreign Relations Committee,
 Following the SCAP funding cuts in 2003, the LA County Sheriff's Department implemented a new early release policy for inmates convicted of misdemeanors.
 15-minute vote here on the House floor, and we've seen some procedural votes already today.
 So I am pleased and I'm excited that we are taking this step today.
 goes to the very point of the expanded use in the United States of the word terrorism and the utilization of it by preventing innocent people, people who have been heroes, to come into this country. This is
 also want to point out, and I promised Ambassador Walili Nalopo, who is the ambassador to the United States from South Africa, that I would make this statement. And he
 Clark will report the title of the bill.
 and staff will remove their conversations from the floor.
 been an enormous amount of work behind the scenes for which nobody knows how much he's done to make this possible.
 Mr. Speaker, I thank Mr. Smith, the Ranking Member of the Immigration Subcommittee, for yielding and appreciate the privilege to address this issue before this Congress.
 I'm going to recognize for at least three and a half minutes.
 From the program's inception until 2003, states were able to obtain reimbursement for the costs of detaining deportable illegal immigrants charged with a felony or two or more misdemeanors.
 brave men and women place themselves at risk in war zones including conflicts in Afghanistan and Iraq to tend our injured soldiers.
 Honorable Eddie Bernice Johnson of Texas, the Honorable Lois Capps of California, and the Honorable Carolyn McCarthy of my home state, New York.
 Nelson Mandela and the ANC for many years fought against the unjust apartheid system in South Africa.
 And I urge my colleagues to vote for its passage. And Mr. Speaker, I reserve the balance of my time.
 Madam Speaker, nurses are on the front lines of health care delivery not only here at home, but also in Iraq and Afghanistan.
 A sufficient number is in the ayes and nays are ordered.
 woman from California.
 Members and staff will remove their conversations from the floor.
 Thank you very much, Madam Speaker.
 They stay in the profession because they love the profession.
 And he assured me that there are constitutional protections that exist and statutory protections that exist to protect all property owners in South Africa and that there will not be a transfer of real estate property into the hands of black South Africans at the expense of white South Africans without due process of law and constitutional protections.
 And as those costs mount and are incurred, we need to be sure that we take this position.
 Sadly, these communities are not alone.
 I was arrested with them also, the unloading of ships from South Africa, which kicked off much of the anti-apartheid movement.
 The Chamber of Commerce and the Teamsters come together, it's like EF Hutton.
 I'd like the gentleman from Texas and Mr. Speaker to outset.
 Ladies and gentlemen, today we move to dramatically step up our nation's intellectual property laws and enforcement efforts.
 Howard Berman has been a bellwether in bringing together the groups, and I'm happy to yield him as much time as he may consume.
 All say no.
 Specifically, the bill strengthens our laws against counterfeiting and piracy, provides new resources to key agencies involved in the enforcement of IP rights, and mandates a new and unprecedented level of coordination and leadership on IP enforcement issues from the White House.
 I'd like very much to thank Chairman Conyers, Ranking Member Smith, Ranking Member of the Subcommittee Coble, and all of their staffs, as well as mine, for the hard work they have put into crafting this bill.
 The fight went on for years, underground and in exile against the morally bankrupt apartheid system in South Africa.
 see our nurses today are a lot older, they're at the retirement age, and we must do everything that we can to make sure that we have our young people coming into a very, very awarding career.
 woman yields back the balance of her time.
 along with individuals labeled as terrorists by the former South African government.
 I encourage all of my colleagues to vote in favor of this resolution and I reserve the balance of our time.
 And I particularly can speak to that since I asked for the GAO study that was completed in April of 2005.
 Even more embarrassing than the original U.S. embrace of apartheid policies was the fact that few of those who opposed apartheid in the United States government, including many of us in Congress, were even aware of the residual terrorist designations against ANC members.
 I am pleased that the bill's sponsors, Mr. Berman and Ms. Lofgren and Chairman Conyers, were willing to ensure that this bill will provide appropriate relief to the African National Congress without excusing the perpetrators of terrorist or criminal acts.
 According to the U.S. government, American businesses lose approximately $250 billion each year to pirated and counterfeited goods.
 They are also community educators, primary care providers, and they serve in our military, so often putting themselves in harm's way to carry out their duties.
 if they are, we need to ask the question, are they committing further crimes? So what is the level of effectiveness in our law enforcement system? How many, what percentage of our overall crimes are being committed by criminal aliens? What are those crimes? What's the price against society? And how does this break down into all of these categories that I've mentioned in a fashion that will allow us, as a Congress, to prudently step back, take the empirical data that we are expecting to receive from the General Accountability Office after the submission of this request, and process that into
 I'm really pleased that Ms. Lofgren, the chair of the Immigration Subcommittee, of which I'm the ranking member, and Mr. Smith, the ranking member of the full Judiciary Committee, have agreed to send a joint request to the General Accountability Office to develop additional statistics on criminal alien immigrants.
 So
 purposes general woman from California rise? Mr. Speaker I move to suspend the rules and pass HR 1512.
 But astonishingly, while South Africa completed its monumental political transition, the U.S. position regarding entry for ANC's leaders remained frozen in time.
 This tradition started in 1982 when President Ronald Reagan signed a proclamation making today National Recognition Day for Nurses.
 92% of the registered nurses are women.
 And for those of us who have been so long involved in the anti-apartheid movement and now of course in the movement to stop the genocide that's taking place in Darfur, this is a day that we have been waiting for for a long time. This is the only thing that we can do now to say, first of all, that we understand that this should not have taken so long, but at least better late than never.
 Secretary of State, the Secretary of Homeland Security, act now once this bill is passed.
 bill is H.R. 1512 seeks to lift off some of that burden and it certainly wouldn't be all of it.
 Thank you Mr. Speaker. In our closing, let me just once again reiterate our appreciation to the authors of this bill, Mrs. Johnson from Texas and Caps from Los
 resolution 1086.
 And the third, which amends section 323 of the bill, simply contains technical and conforming changes to make the text of the bill clearer.
 So HR 4279 will do these important things. It will prioritize intellectual property protection to the highest level of our government by creating an office in the White House that will be responsible for coordinating the intellectual property efforts of eight diverse agencies and producing a national joint strategic plan for IP enforcement.
 Because intellectual property is such an important asset to both the inventor and the economy as a whole, Congress has a responsibility to ensure that IP enforcement is made a permanent priority of every administration.
 In doing so, however, we inadvertently covered groups and individuals whom we did not intend to, including allies and even victims of terrorism.
 In addition, nurses face difficult conditions in the workplace, such as mandatory overtime, unsafe staffing numbers, and hazardous lifting and other workplace settings.
 A registered nurse in the Navy is also a respected officer serving in modern facilities at home, at sea, and around the country and around the globe.
 Like 9-1-1 and Hurricane Katrina, nurses are also involved in medical and nursing research and perform a wide range of non-clinical functions.
 confident that any administration will use this power wisely.
 And this is something we vitally need that provides statistics that will help us establish a better immigration policy.
 Gentleman from Texas.
 opinion of the chair, two-thirds of those being in the affirmative, the rules are suspended.
 While Congress is working on a comprehensive solution to our broken immigration system, we must not forget about the local governments who are paying an extremely high cost as a result of our inaction.
 However, real terrorist acts were committed as part of the struggle against apartheid.
 More must be done. HR 4279 is more.
 Mr. Speaker.
 and second, the arrest and conviction occur in the same year.
 I also want to thank Chairman Berman, I want to thank our subcommittee chairman Don Payne and Chairman Benny Thompson for their leadership on so many issues and for making sure that this bill came today to this floor in a bipartisan fashion.
 Mr. Speaker, first of all I'd like to thank the Chairman of the Judiciary Committee, Mr. Conyers, for his earlier and very generous comments.
 Mr. Speaker, fighting piracy and counterfeiting, as you all know, is easier said than done because most of the illicit activity occurs outside our borders.
 is a non-controversial bill that repairs something that should have been taken care of earlier.
 make changes to both civil and criminal IP laws to enhance the ability of intellectual property owners to effectively protect their rights.
 Thank you, Mr. Speaker.
 There are fewer individuals entering the profession. The nursing shortage is unprecedented in the depth and duration, with a projection of over one million new and replacement nurses are needed by 2016.
 With that, I yield back the balance of my time.
 It will be not a surprise to the members of the committee that I'm concerned about the land transfer.
 H.R. 1512 would amend the Immigration and Nationality Act to return SCAP to its originally intended meaning.
 had that discussion. It was a constructive discussion.
 All time has expired. The question is, will the House suspend the rules and pass HR 5690 as amended? Those in favor say aye.
 me, just as an aside, indicate that I was not here for H.R. 4279 on the intellectual property, and I support it enthusiastically.
 The bill enhances existing anti-piracy and counterfeiting criminal statutes, authorizes grants to assist local anti-piracy and counterfeiting efforts, and directs the Justice Department to refine its policies for investigating and prosecuting piracy and counterfeiting operations.
 The gentleman yields back his remaining time.
 Supported votes on postponed questions will be taken later.
 Mr. Speaker, the incentive to innovate and the ability to profit from the creation of new intellectual property cannot be sustained without enforcing the rights that protect the ownership of such valuable, intangible property.
 As we recognize today, they've been used against members of the African National Congress, including the great leader Nelson Mandela.
 We may not agree on many aspects of immigration policy, but this bill accomplishes a larger goal, making our communities safer, and for that reason, I appreciate your support.
 As we observe National Nurses Week, I hope we can work together to raise awareness about important issues facing our nursing community.
 Groups currently on the exempt list include the Hmong who fought alongside U.S. soldiers in the Vietnam War and groups that are fighting against the repressive Burmese government today.
 Because of the important role IP industries play in our economy, we cannot take these innovations or the creativity and investment required to bring them to life for granted.
 Reserves, gentleman from California.
 The first electronic vote will be conducted as a 15 minute vote.
 And as I travel and visit there and go into the AIDS orphanages in particular, and can step into villages where there isn't a single adult of reproductive age unless they're there and a missionary,
 Chair now recognizes the gentlewoman from California, Ms. Sanchez.
 He has truly understood and internalized the historic transition here and the unfairness of the present situation.
 myself as much time as I may consume.
 greatly commend the American Nurses Association and the American Academy of Nurses, practitioners, and all of the nursing associations and academic institutions who train nurses and promote the advancement of the profession.
 woman is recognized. Thank you.
 In 1994, Congress passed the State Criminal Alien Assistance Program, SCAP, to reimburse states and localities for the arrest, incarceration, and transportation costs associated with criminal aliens.
 It has also led to public health and safety threats ranging from exploding batteries to toxic pharmaceuticals and sawdust brake pads.
 I congratulate the distinguished members of the Judiciary Committee, both Republicans and Democrats, for their cooperation in this process.
 Speaker, I follow suit and yield back any time remaining on this side.
 CONTROL AND CAN BE DANGEROUS. TWO KIDS WERE KILLED IN A
 For 15 years I provided hands-on patient care as a psychiatric nurse at the Veterans Administration Hospital in Dallas.
 from Texas.
 Continuing in the illustrious tradition of Florence Nightingale, the founder of modern nursing, nurses today continue to attend our armed forces overseas.
 I also have vivid memories, Mr. Speaker, of actions taken in this country and positions taken politically and the divesting of investments within South Africa by many American companies as an incentive to end apartheid, which was, I believe, a sin against humanity to have a policy that identified some people as being more equal than others. And I
 I would like to especially commend Zoe Lofgren, Chair of the Immigration Subcommittee, and Steve King, the Subcommittee Ranking Member, for their leadership in helping bring this bill to the floor today.
 I encourage my colleagues on both sides of the aisle to join me in support of the resolution and its adoption. And I reserve the balance of my time.
 I reserve the balance of my time.
 A gentleman from Nebraska.
 members of the esteemed Navy Nurse Corps care for those brave men and women who fight for our freedoms.
 a constitutional responsibility. We're also constitutionally charged with the responsibility of establishing immigration policy. The executive branch is charged with the responsibility of enforcing that policy, however aggressive or lack of aggressivity they might have.
 bill does not have anyone close their eyes to acts committed by the ANC or by the apartheid government, and nothing here would preclude the Secretary, as she exercises her discretion, from considering whether or not civilians were targeted by an individual actor. Civilians.
 unfinished business is the question of suspending the rules and passing H.R. 3658, which the clerk will report by title.
 The Department of Homeland Security has seized record numbers of counterfeit and pirated goods coming through the border.
 Mr. Speaker, I move to suspend the rules and pass H.R.
 American intellectual property industries, including entertainment, high-tech, and pharmaceutical industries, account for over half of all U.S. exports, represent 40 percent of the country's economic growth, and employ 18 million American workers.
 Why did you write this book? The opioid problem is so huge right now.
 The Belmont estimated contribution is now $218,910,222. A reduction of around $9.8 million from $228,693,977.
 Yard waste pickup will remain the same as it is currently, but Christmas trees will only be collected during the first two weeks of January.
 Article 9, 3% sales tax.
 Upcoming meetings are April 26, Design Update and Workshop, 7 p.m. in the Wellington Elementary Cafeteria.
 Out of the 95% of textiles that can be donated or recycled, only 15% achieve this result.
 bringing the total project estimated cost to $295,824,624.
 Listen anytime on the BMC Podcast Network on SoundCloud and iTunes. Just search for the Belmont Media Podcast Network.
 You should just really be very open with them about it, how dangerous it could be, as
 I think that's one of the messages of the book, because you do what you can.
 Other funds would integrate the memorial into the intergenerational walking path at Clay Pit Pond.
 A city or town could hold a local vote to determine whether to permit the selling of marijuana and marijuana products for consumption on the premises at commercial establishments.
 Regulations permit no more than one marijuana retailer to open in Belmont at this time.
 Massachusetts state law requires cities and towns take responsibilities for the burial of their dead. With an anticipated spike in demand for cemetery space in the coming 10 to 15 years, municipalities around the region are looking at their cemeteries and making plans for the long term.
 Town Meeting to Decide Future of Marijuana in Belmont by Joanna Cates-Valas.
 We need trucks to come in and can't have cars in the way. Residents should follow the recycling instructions for each type of item.
 Genovese will host a book signing at the Watertown Free Public Library at 6.30 p.m. on Wednesday, June 13, 2018.
 Design tweaks in discussions. Instead of individual practice rooms for music students, the new school is being designed to have space for small group practices instead of small practice rooms, wrote Lovallo.
 Residents will be limited to throwing away one bulky item, like a mattress or furniture, per week.
 Think twice about buying balloons and helium tanks. Both are not environmentally friendly.
 He ended up in jail and that was horrible.
 The Belmont Housing Trust is requesting $250,000 to pursue affordable housing opportunities.
 along with my colleagues, Claire and Max.
 Over to you, Bob.
 Here's a preview of the warrant articles expected to be voted on for the town meeting and special town meeting.
 She had lost her son, too.
 Watertown native Genovese chronicles her son's life in opioid addiction in a book called Hat Tricks from Heaven, the story of an athlete in his own prison of addiction. The book took her over a year to write and was officially released in November of 2017.
 Jay Marcotte, Belmont's Public Works Director, recently hosted a community conversation about the new trash and recycling program at Town Hall on April 10th to inform the public of what the changes are and how they will be implemented.
 The local author's new book details her son's addiction and death. By Carrie Feltner.
 Thank you, Bob.
 If town meeting votes yes, then the Belmont Board of Selectmen will decide if there is going to be a town-wide election for Belmont voters to decide.
 Propane tanks over 20 pounds or other types of gas tanks will not be accepted.
 Note that the listed recyclables are the only items we can accept, also no early birds.
 whichever is later.
 weren't paying attention.
 We're looking at ways to be efficient and respectful of those that need their privacy, said Lovello.
 The way we collect our trash right now is the most expensive way to collect trash.
 The citizen's position is an all-or-nothing opt-out for an issue that is exponentially more nuanced than that.
 The purpose of the article, according to Eager, is to let Belmont voters decide whether or not to permit marijuana establishments in Belmont.
 The doctor said to me, you don't know how serious his shoulder is, and, quote, stop being a helicopter mother. I was kind of intimidated over 20 years ago. I was younger and not as bold.
 A majority vote will be required for passage of this article.
 In the November 2016 state election, Massachusetts voters approved ballot Question 4, approving a law permitting the possession, use, distribution, and cultivation of marijuana in limited amounts by persons age 21 and older, removing criminal penalties for such activities, and providing for the regulation and commerce in marijuana, marijuana accessories, and marijuana products, and for the taxation of proceeds from sales of these items.
 to clean out your home office and safely get rid of all your sensitive documents that have been accumulating and taking up space. Boxes of your unwanted documents are shredded on-site in seconds. Voluntary cash donations are accepted to benefit the Belmont sport for this service.
 Talking Trash. Automated trash and recycling pickup will begin July 1st. By Christy Armstrong.
 Tanks that store helium can't be put in the trash or collected by the town. Need to find a scrap metal recycler for that.
 For the past two months, the committee has been refining the design in an effort to get the total project cost down.
 Article 8, Temporary Moratorium.
 Over to you, Bob.
 I want to point out that this disease can come from all walks of life.
 This will require two-thirds vote for passage.
 Electronic recycling, anything with a plug, excluding large appliances, air conditioners, refrigerators of any size, gas yard, and power equipment.
 He went to private school with a scholarship.
 This article will require a majority vote for passage.
 He just was very charismatic and he loved us.
 There is a lot of trash talking going on.
 Thank you, Bob.
 And now we'll declare.
 According to Town Council George Hall, the selectmen will have the final say on whether or not there will be a special election for voters to decide.
 Save the town money.
 It's that time of year when residents have the chance to recycle textiles, electronics, and paper shredding from 9 a.m. to 1 p.m. May the 12th at the Town Yard, 37 C Street.
 We're not going to build individual bathrooms for every person that needs a bathroom.
 For retail establishments with a net floor area equal to or exceeding 30,000 square feet, such as Star Market and Belmont.
 It is just not enough help.
 My amendments simply give town meeting non-binary options for prohibiting the recreational marijuana establishments, Thurston explained in an email to the Citizen Herald on April 24th.
 Our collection costs for this year, fiscal year 2018, are $1,104,000.
 I don't think he needs more.
 and the lot is 12,486 square feet.
 If town meeting members vote no, then there will be no town-wide election and non-medical marijuana establishments will be allowed in Belmont.
 In Belmont, Question 4 passed by a 717 vote margin. 52.48% voted in favor and 47.52% voted against it.
 reusable eyeglasses.
 Thank you, Claire.
 Once on the ground, they can harm wildlife and marine animals before they slowly break down.
 The committee has been meeting frequently with project designer Perkins and Will as they prepare for the preferred schematic design to be submitted to the Massachusetts School Building Authority in July for the new grade 7 through 12 high school building to accommodate 2,200
 Thank you, Max.
 Depending on the outcome of the By-law Review Committee meeting April 25th, Special Town Meeting may have amendments to the Citizens' Petition to vote on.
 paper shredding limited to five boxes sponsored by the Watertown Savings.
 kept getting surgery.
 There is also an article that revises special permit requirements for alteration of non-conforming structures in the General Residence Zoning District, allocating projects less than 300 square feet to the Zoning Board of Appeals.
 Thaddeus Frosthouse.
 He loved his dog Frankie. It's just so sad.
 traveled all over the place with his hockey.
 Kate Genovese sat down to discuss the book and her son's story.
 from $309,045,915.
 Excess trash will need to be put in an official Town Overflow trash bag, which will be sold for $3 each at select locations in town.
 This article will require a two-thirds vote for passage, and town meeting is expected to vote on it May 2nd.
 May 8, design update and virtual reality presentation, 7 p.m., Chenery Middle School Community Room. And May 16, traffic solutions discussion, 7 p.m., Wellington Elementary Cafeteria.
 The other 85% end up in the trash. When textiles are donated, 45% are reused and repurposed mostly as exports. 30% are converted into rags, 20% are used as fiber and home insulation, and carpet padding. Only 5% ends up as waste.
 Now on to the talking news.
 especially if it runs in your family.
 The cost per square foot has also been reduced from $549.53 to $533.80.
 Emma Thurston, town meeting member for Precinct 1, filed six amendments to the citizens' petition to be discussed by the By-law Review Committee April 25.
 We did a lot of things correct, too, but parents shouldn't feel guilty like it's their fault.
 The Veterans Memorial Committee is asking for $103,000 to restore the existing monument at Clay Pit Pond to its original condition.
 Thomas Daly, a National Cemetery Consultant with Cemetery Helpful Solutions, said even in areas where burial space is not an issue in the foreseeable future, town planners are addressing cemetery space in their master plans.
 This town meeting article would allow a 3% local sales tax on retail sales by a marijuana retailer located in Belmont.
 Pam Eger is the Belmont Town meeting member for Precinct 8 behind a citizen's petition that would let voters decide if they want to stop non-medical marijuana businesses from opening in Belmont.
 Textiles must be dry and clean, includes clothing, linens, footwear, purses, belts, and stuffed animals.
 Today Genovese is on the Massachusetts Organization of Addiction Recovery Committee and the Central Massachusetts Opioid Committee.
 Core space on the first floor of the building will be shared, which will include a pre-function area for the auditorium, theater, and gymnasiums.
 so two family houses will receive two sets of barrels.
 And instead of him doing something, the court would say, quote, give us $300. That's all they did.
 In the future, when the town determines an appropriate use for the barn, the project sponsor would develop a funding mechanism to support the rehabilitation, estimated to cost $2 million.
 Balloons, even biodegradable ones, cause litter when they are released outside, eventually falling back down into waterways, fields, and forests.
 A majority vote will be required for passage and town meeting is expected to vote on it May 2nd.
 We thank you for listening to The Talking News and hope that you've enjoyed the show.
 Gino died at age 30 in 2016 from an overdose.
 plastic bag general bylaw.
 What advice do you have to other families that are dealing with this issue? I would just say, start talking to children at an early age about it.
 Kate Genovese traces it back to sports. Between his hockey and football careers, her son Chris, known as Geno, had six surgeries, four for his knees and two for his shoulders.
 Schematic Design Plans for the New Belmont High School Taking Shape by Jovanna K. Zavellas.
 Public Works and its recycling coordinator will have the authority to administer and enforce this article.
 When the director of Public Works talks trash, people listen.
 Monies will be expended per a housing trust agreement to be developed with the selectmen. Possible uses of funding include purchasing land or affordable units, working with developers to promote the affordable housing, or leveraging state and private funds to increase the number of affordable units.
 supported question four.
 Note that helium tanks will not be accepted.
 The article will take effect six months after posting and publicizing or on November 1st,
 They had a lot to do with it.
 The doctors thought nothing of giving him prescriptions.
 The Thaddeus Frost House was built in 1827 and is one of the few remaining examples of Federal period architecture in Belmont that survives virtually unchanged.
 These amendments give multiple options for allowing or disallowing various types of marijuana establishments in our town.
 our costs, explained Barcott.
 Wording in the question also stated cities and towns would be authorized to adopt reasonable restrictions on the time, place, and manner of operating marijuana businesses and to limit the number of marijuana establishments in their communities.
 Books, hard and soft cover books, audio books, movies, music, game CDs and DVDs will be recycled by Recycle That.
 It's just crazy.
 He was captain of his teams. He was well liked.
 Scrap metal. Items must be all metal, no wood or concrete attached. Examples are bed rails, metal filing cabinets, pipes, tire rims, not the tire, metal furniture, chairs, wrought iron, cast iron, non-coated pots and pans, etc.
 At the most recent meeting, April 11th, the total project cost was reviewed.
 It only gets worse.
 So he got through school, and he got a really good job and had a girlfriend. But he kept slipping.
 General Residence Zoning By-law Amendment. Approval of this article will eliminate the sunset clause for the zoning by-law for non-conforming single and two-family residential structures, making it a permanent amendment.
 Marcott said automation is preferred because, since everything is standardized, costs can be controlled.
 This town meeting article is for a moratorium on marijuana establishments to last through December 31, 2018 and requires a two-thirds vote for passage.
 Recycling will now be single streams.
 The article will take effect nine months after publicizing and posting, or on February 1, 2019, whichever is later.
 He was very social and he helped others.
 Everything else must fit into the trash or recycling barrels.
 Athena McGinnis, owner of the home, knew Ernest Frost, the grandson of Thaddeus Frost, personally, and does not want to see the home have the same fate as the Thomas Clark House, which was moved from its original location on Common Street to a temporary location on Concord Avenue and ultimately torn down on August 21, 2014.
 He seemed like the most unlikely kid that would overdose.
 bow tie design.
 Thanks, Claire.
 No bulky, rigid plastics will be taken this year.
 second FY19 community preservation projects.
 But certainly as death comes for all, the end of cemetery space is on the horizon for many communities. Fortunately for Belmont, Highland Meadow Cemetery opened in 2007 after Belmont Cemetery ran out of plots for purchase in 1988.
 It can also be heard Mondays and Tuesdays at 4.30pm and Wednesday at 12.30pm on Channel 9 Xfinity and Channel 29 Fios.
 because then they hit middle school and there's so much going on.
 As mentioned, there would not have been adequate space to meet the needs of Belmont residents, just as the aging baby boom generation is expected to cause a spike in burial needs.
 The 53% tax would go into the town coffers.
 At that point he said, I need help, I know I do. What surprised you about Gino's situation? I just didn't think he would die. For some reason I didn't think he would.
 The highest ticket item is $780,000 and $87 to construct a walking path around Grove Street Park.
 We didn't really see him every day to know what he was doing.
 This bylaw, if approved at special town meeting, would not apply to a registered marijuana debt dispensary.
 the average US citizen throws away 70 pounds of clothing each year.
 Every household will receive a black 64-gallon wheeled trash barrel and a blue 96-gallon wheeled recycling barrel.
 Proceeds from the book will be put towards opening a sober house called Geno's House somewhere in New England.
 Gender neutral bathrooms were discussed at the April 11 meeting.
 It's a tough disease to deal with.
 Thank you, Max.
 Now we'll hear from Bob to wrap it up.
 He got into legal trouble and the legal system was equally as horrible.
 Our Committee to Restore Town Field Playground is requesting $25,000 for design documents for new equipment and improvements.
 This will be town moderator Michael Windmers 11th annual town meeting in his role and he expects there will be a lot of debate on the articles related to plastic bags, marijuana and the number of selectmen.
 How did you find the writing experience? It was very therapeutic and I wrote it with my editor.
 We are trying to advertise the new trash system that will be in place starting this July, Marcotte said at the presentation.
 Pick up of the bulky item will need to be scheduled in advance by calling public works by noon the day before trash pickup.
 He was an athlete, really smart, and had tons of friends.
 On January 23rd, the school committee voted unanimously in favor of a grade 7 through 12 option, which will change the lower school configurations to kindergarten through third grade for the Butler, Burbank, Wellington, and Winbrook schools, and grades 4 through 6 for the Chenery Middle School. The school committee board of selectmen and BHS building committee also voted
 This article established 291 Brighton Street, a historic district. If approved, the building shall not be altered in any way that affects the exterior architectural features.
 There are six community preservation projects seeking approval by town meeting for FY19 on May 2nd.
 now to Max.
 Keep towels and sheets separate to donate to the Animal Rescue League.
 Cities, Towns, Prepare for Future Cemetery Needs by Melissa Russell
 Watch and listen to the Talking News every day at 12 noon and 6pm on Channel 96 Comcast Xfinity and Channel 30 Verizon Fios.
 Fifth grade, no later, really.
 according to Selectman Chairman Adam Dash.
 and is not expected to reach capacity for at least another 20 years.
 My husband and I felt like we did a lot of things wrong.
 and for other park improvements. Payson Park Music Festival is requesting the lowest ticket item, $5,000, for structural drawings for a performance stage to be added at Payson Park.
 Action on this article requires a special town meeting which is taking place May 2nd.
 items can be ripped and stained.
 When did you know he had a problem? His roommate from college called us one day and told us he was really addicted and needed help.
 In multifamily dwellings, each unit will receive its own set of barrels,
 they get burnt out.
 So far, the book has raised $5,000 toward this effort.
 Perkins and Will presented options to consider such as a gender neutral bathroom with a common sink area in the center.
 And now over to Claire.
 Items to bring to the Belmont Recycling Event by Mary Beth Kallman.
 he'd break probation and have to go to court.
 The Land Management Committee is requesting $175,000 for repairs to the former McLean Barn at Rock Meadow to prevent further deterioration of this historic structure.
 Major decisions to be made by town meeting by Joanna K. Zuvallis.
 He had no control over it.
 We tried to look at every single option and alternative. The option that was approved unanimously by the Board of Selectmen in February is for Belmont to switch over to an automated trash and recycling service.
 The purpose of this article is to reduce the number of single-use plastic checkout bags distributed by businesses and to promote the use of reusable bags or recyclable paper bags. Thin film plastic bags without handles used for laundry, dry cleaning, newspapers, produce, meat, bulk foods, wet items, and similar merchandise would not be prohibited
 Those surgeries brought pain medication into his life, an amount of drugs that never left his life and only got worse after his sporting pursuits ended.
 If residents haven't been paying attention to the work of the Belmont High School Building Committee, they may want to start.
 And with big changes coming to how Belmont's waste is handled,
 We will return next week for another edition of Local News Happenings Around Belmont.
 This article will require a majority vote for passage.
 If you just have a propane tank to dispose and no hazardous waste, bring to the DPW recycle days instead of HHW days.
 A majority vote is required for passage of this article.
 Violators will receive a written warning for the first offense, a penalty of $50 for the next violation, a penalty of $200 for the third violation, and each additional violation.
 comments. I'm really mad at the system.
 One time I spoke to the doctor about it and I said, I think he's had enough.
 The living area is 2,712 square feet.
 Several attendees of the April 10th presentation expressed their support for this shift to single stream recycling and the simplifying of the process.
 If the sunset clauses address the fact that this is an entirely new industry for the state and should be voted upon bylaws, not address the needs or wants of the town in three years, perhaps this would be a more efficient way to revisit those bylaws instead of the messy way in which we had to walk back our alcohol ban.
 I could see in his eyes there was something wrong.
 turnout in the election was high. 82.41 percent of registered voters went to the polls.
 Lions Club will be collecting usable eyeglasses for their Recycle for Sight program.
 now over to Claire.
 The total square footage of the building has been reduced by 6,475 feet from 451,575 to 445,100 square feet.
 If you're bummed out and depressed, it takes away everything, all feeling.
 is a variety of things that lead to it. Now, over to Max.
 How did his multiple surgeries exacerbate the problem? It was mainly his shoulder. It was really bad.
 The amendment required homeowners in the General Residence District to go before the Planning Board for design and site plan review for additions or new construction. This will require two-thirds vote for passage.
 During the moratorium, the town would consider adopting a new zone, the adoption of new zoning bylaws relevant to marijuana establishments.
 With this new five-year contract, Soup to Nuts, our automated collection, including the cost of the barrels, will be $1,015,060 per year.
 so residents will no longer have to sort plastics, paper, and cardboard separately.
 retail establishments less than 30,000 square feet of net floor area.
 He had a lot of friends. He had a girlfriend.
 While it is undoubtedly the most ingenious, the Roto-Lecter is but one of the many important developments designed to provide you with better, purer milk.
 Silliness is the watchword, and everything from the barns and attendants to the cows themselves is under rigid inspection.
 Arriving at the plant in the city, the milk is pasteurized for 30 minutes at a temperature of 143 degrees Fahrenheit as a final guarantee of safety.
 It's their observations that make the milk you drink the safest, purest, and most healthful food you can buy.
 Breakfast is the meal that sets us up for the rigors of city life, the continuous energy-draining effort to keep up with the pace and throb of the city itself.
 In this time of need, it is strong men who give America its strength.
 iron to feed blast furnaces, turning out the huge quantities of steel necessary to arms production.
 Although this fact seems obvious to us now, he had to fight farmers tooth and nail to get his views accepted.
 If the milk is up to the established high standard, the cow is then ready for the milker.
 The adventure car originated in Scotland.
 The planes of every type and design are being built by the thousands.
 One, two, one, two, the pace never slackens, movement never stops.
 The dry milk vibes have sprung up everywhere.
 Well before the cow is ready for milking, she is carefully washed down by attendants who know, as does everyone else in the milk business, that you just can't be too clean where milk is concerned.
 the laboratory serves a two-fold purpose.
 While the plane is being assembled, other workmen are building and testing the new powerful motors that will carry the plane into the sky.
 The milk boxes are furnished by the thousands to families whose milk would otherwise be exposed to the elements.
 A very careful record is kept of each farmer's product, a sample of which is sent to the laboratory for detailed analysis, from which the amount of money due each farmer is computed.
 Today, milk is a featured item in food stores.
 materials from everywhere.
 from the car stand point far more gentle.
 It's reddish brown and white in color and produces a very high quality of milk.
 The work is then weighed, or farmers are paid by the pound, not by the court.
 The vials are first thoroughly washed by the attendants. The receptacle, too, is sterilized with scalding water before it is used.
 We all take the bottle of milk for granted, but very few of us appreciate the long and intricate process that has made it possible to bring the magic fluid from the farm to our doorstep.
 are made up of the finest breeds of dairy cows.
 The wood elector affords the utmost in protection for the purity of milk.
 You can't be sick and have anything to do with milk.
 America learns the milk drinking habit early.
 Hundreds of sleek planes are guarding the skies over our homeland, while countless others are battling a treacherous foe.
 He manufactures white ammunition.
 The containers are filled and packed in exactly the same manner as the bottles.
 The black and white marking of this cow identified as a Holstein, originally developed in Holland.
 Now after a full day's grazing, the cows are on their way back to their spotless stalls.
 is then chilled before shipment.
 As a result, a highly personalized container that is used only once.
 But far behind the actual battlefronts, another war is being waged. The war of production and still more production.
 In frequent intervals, a large laboratory off the milking room takes samples of the milk for examination.
 Now that no other food supplies as many helpful elements.
 a powerful defender in the constant fight for better health.
 This small, fawn-colored car is a Jersey, originating on the Isle of Jersey in the English Channel.
 Meanwhile the cans and lids are sent through a washing machine where they are thoroughly sterilized.
 The cow enters at one end of the machine into its own separate enclosure, each complete with a milking machine and a receptacle for the milk.
 Now the milk is on the home stretch. In their refrigerated trucks, a silent army of milkmen set out in the wee hours of the morning to deliver their bottled milk. Down every street, along every avenue, rolls the dawn patrol.
 The cows have nothing to do but graze in the sun all day and sup up the health and vitality of the countryside so that it may be passed on in their milk to the people who are cooped up in the cities.
 Then as the cows move around, the attendants attach the milking machine.
 For milk with its bone-building calcium and health-building vitamins fortifies the body and makes America strong by making her citizens strong.
 After a thorough examination, the doctor then takes a sample of the cow's milk.
 Here in the peaceful surroundings of the dairy country is Mother Nature's arsenal, where
 floating fortresses arranging the seven seas, relentlessly hunting down the enemy and the
 popular in stores because of the ease of handling and because there's no deposit required.
 The Frenzy is a medium-sized car, golden brown and white, producing a rich milk, yellow and creamy in color.
 far cry from the conditions prevalent in 1851 when Gail Borden was experimenting with milk preservation.
 In other localities, the milk is brought to large receiving stations by the farmers themselves.
 Foreign forces must constantly be supplied and reinforced.
 Once the container is formed, it is coated inside and out with scalding paraffin.
 Further safeguard is effected by taking the entire machine apart several times each day for thorough sterilization of every part.
 When the filled bottles are placed in their cases, watchful attendants again examine them for imperfections and pass on only perfect bottles for delivery.
 That's why smart mothers start their children off right each morning with a brimming glass of milk.
 As each cow steps off the rotolector, another one steps on.
 While milk is more than just a business today, it is a public responsibility.
 The automatic graph keeps a constant record of each individual pasteurization tank.
 Every step of pasteurization and bottling is carefully watched by scores of skilled technicians utilizing every type of modern testing equipment and laboratory apparatus.
 More and more people are beginning to realize the importance of cream on their cereals and butter on bread topped off with a glass of milk.
 the things for which he fought have become the standards of the milk business.
 The famous general once said, the more milk you put into a soldier, the more fight you get out of it. For milk, with its healthful vitamins and mineral elements, builds strong men.
 More production means greater supplies of raw materials, materials that come from everywhere.
 Nitsi carefully checks for color and flakiness.
 fighters capable of doing over 400 miles an hour. Dive bombers that can swoop down on their prey at a speed of over 600 miles an hour.
 was developed in Switzerland and imported to this country after the Civil War in 1869.
 of the twin quart bottles, stepping up for their double helping of white ammunition.
 That's why many large department stores have set up milk bars where the tired shopper and the children may pause a moment and replenish their store of energy.
 And now it's ready for one of her regular visits by the doctor.
 by assuring the absolute purity of today's milk, and at the same time, investigating and discovering the means of making tomorrow's milk even finer.
 packed into a quart of milk are a lot of essential food values that would be more difficult and far more expensive to secure otherwise.
 Especially important to the all-out war effort is production of tanks.
 Not only does milk go to homes, but every morning a huge fleet of these heavy-duty, refrigerated wholesale delivery vehicles rolls out of the branches on their way to serve the stores, restaurants, hotels, and hospitals of the metropolitan area.
 that comes from the plantations of the tropics.
 These tests also give the farmer valuable information on cow feeding and diets that will further raise the quality of milk from his farm.
 These mechanical milkers, for example, are both cleaner and faster than the old milking by hand process.
 Like leather, for example, so important to the production of ammunition belts, holsters, and gas masks.
 The world's best-known car, Elcett, is a purebred Jersey.
 laboratory, every known testing device is employed to check the appearance, purity, and quality of the milk.
 A process involving selected herds of cattle, scientific farming, constant inspection, laboratory research, modern production machinery, and mechanized transportation.
 a grandzy car.
 ready to take their place in the fight for freedom.
 That's his contribution to national defense. And his cousin, the cow, does her bit too, by providing
 The human hand has so little to do with the milking process.
 Monica, rising quickly from the climb of Pearl Harbor, answered the challenge to liberty and freedom.
 This machine manufactures flake ice, which is used to keep the milk cold while it is being delivered.
 There are more Polsteins in the United States than any other breed.
 Mr. Borden realized that cleanliness was of utmost importance in the handling of cows and milk.
 This milk tool is carefully tested by trained technicians who sample each and every can of milk that is brought in.
 The huge juggernauts of American design and manufacture are rumbling along many foreign terrains in ever-increasing numbers.
 My young buddies are constantly using up energy in the variety of activities that make up the day of the typical healthy youngster.
 Constant supervision of milk quality assures a uniformly pure product.
 When she's thirsty, she need only press her mouth into the basin of this automatic fountain right beside her.
 Like an army of glass soldiers, they march up at the rate of 120 every minute to each machine to receive their quota of white ammunition.
 what is true for the children is even truer for adults.
 Along both shipyards are humming with activity day and night.
 Another method of packaging milk is the single service container.
 The speed up in our daily activities is greater than ever before.
 modern day, milk production is as highly mechanized and efficient as any other large industry.
 In many self-service markets, these visual refrigerators permit a customer to select her own milk, cream, buttermilk, and other dairy products.
 While tanks and planes and ships are most important,
 Behind the guarded doors of giant plants throughout the country,
 The milk must be rushed from the cow to your table in the shortest possible time.
 Surprise men and women realize that now is the time for all of us to be at the peak of our productive capacity. And milk at lunchtime supplies the extra pep and vitality that we need to work more efficiently under the increasing tension.
 This doctor is one of the staff who is paid to keep cars well.
 bringing the freshness and healthfulness of the air and sunshine of the country to the city dweller.
 Every part must be fitted with microscopic accuracy.
 The greatest advance in mechanical milk production that has ever been made is undoubtedly the rotolacter.
 Incidentally, the man who made this box never saw it.
 iron, copper, aluminum, coal, pouring from the caverns of the earth.
 The tension and pace of these nerve-wracking days take a toll of our energies that is potentially dangerous unless we take extra care in the choice of proper food.
 After the cows are being fed, carefully prepared vitamin-rich silage and grain as a sort of dessert to top off their day in the pasture.
 For the health-giving ways of ultraviolet lights, some of the milk is irradiated before pasteurization, and thus important vitamin D is added to the many food elements milk already contains. In the filling room, the bottles come out of the washing machine where they've been thoroughly scoured and sterilized for a period of 22 minutes, onto a conveyor that carries them directly to the filling machine.
 manufactured entirely by automatic machines. From start to finish, no hand ever touches it.
 And consequently, we are more in need of a midday pick-me-up.
 facilitating an industrial output, many times our normal peacetime capacity.
 still makes the milk, but then modern efficient machinery steps in.
 Today, milk is playing an important part in the training of the greatest armed forces in our history.
 There are but a few of the thousands of varied articles and products necessary for defense.
 Thousands of new workers have been added to the payrolls, skilled men to fashion the battleships, destroyers, and submarines that are making our fleet the greatest in the world.
 Whereas everywhere in the process of milk production, the laboratory plays an important part.
 Or, working as they do in towers of concrete and stone, that glass of milk is their only chance to capture the healthful elements that come from broad green fields, bright sunshine, and fresh country air.
 Well, there's nothing wrong with her.
 After preliminary refrigeration, the milk is then rushed to the city in large stainless steel glass-lined tank trucks, insulated to keep the milk ice cold.
 Thus the skeleton of the plane is speedily formed by scores of skilled specialists.
 Applying the principle of the assembly line, this large merry-go-round type of machine saves time by bringing the cow to the attendant instead of making it necessary for the attendant to go to each cow.
 He is one of a shop full of blind men who are kept gainfully employed the year round making these boxes.
 for the tires on which rolled the modern mechanized army, and for a thousand other uses.
 This cow produces a small quantity of an exceptionally rich milk.
 The farmer picks up only the cans that bear his number and he keeps them securely sealed until ready for use again.
 Where does it come from? Why, from the Western steers, of course.
 These Titans, some of which weigh over 50 tons and contain more than 40,000 specially made parts, are now rolling off the assembly lines at a fantastic rate.
 It is far more important for us to appreciate the fact that milk is the foundation on which to build family meals.
 The flag was brought to America in 1818 from the Isle of Guernsey in the English Channel.
 providing the country with the most important factor in personal defense, pure wholesome milk.
 The milk leaves the cow and is pumped directly into the sterilized glass containers.
 1942.
 Refrigeration is essential because milk is a very perishable food and must be protected on every step of its journey.
 These large rugged brown cars are brown Swiss.
 At that time, cars were kept in dirty, unhealthful surroundings.
 advised about the sanitary precautions that must be taken, not only in the production of milk, but in the transportation as well.
 at the same time, watching over the vital supply lanes to our allies.
 Running and skating and football are great fun and the children love them, but they are energy burners and this energy must be replaced by nourishing foods.
 After five minutes, the milking process is completed.
 Here is the rich and hearty green of alfalfa.
 These young women are handling the correspondence made necessary by the hundreds of thousands of men and women who avail themselves of neutralite food supplement.
 The milk then goes through the hammer mill to bring it to a flour-like fineness and is poured from the hoppers into barrels.
 airtight automatically by a machine that firmly affixes the screw cap.
 Here is produced the exclusive Nutrilite concentrate.
 Harmless inert gas is introduced into the mixture to prevent oxidation.
 releases the tablets into cellophane bags, which are then placed in boxes.
 Chopped alfalfa is then carried mechanically to this tray loader, which spreads the alfalfa on trays evenly and in the right amount.
 The minerals derived from alfalfa, watercress, and parsley by neutralite processes and the added minerals used in neutralite food supplements are here carefully weighed and measured.
 The count is automatic.
 The electrolyte plant is large and modern.
 a neutralized distributor.
 It has been determined that the mineral tablets and the vitamin capsules have met the rigid neutralite requirements. Both are brought to this room for packaging.
 Neutralite concentrate, processed by methods known only to neutralite and obtainable only in neutralite products, was developed by Mr. Renborg.
 The package is then sealed in cellophane, packed one dozen to a carton, and the operation at the Nutrilite product plant is complete.
 that many phases of the neutralite operation may be performed within the confines of this one area.
 After several weeks, when the compost has gone through a period of desired decomposition, it is turned.
 And here again is further evidence of neutralite's constant control.
 The remainder is then cut for the compost pile.
 The equipment here is some of the most recently developed and most unique in its field.
 Before we bring to a close the story of the preparation of neutralite food supplement from its start in the alfalfa fields of the beautiful Hemet Valley,
 Alfalfa, watercress, and parsley meal is now ready for the next phase in the long neutralite process.
 Several times during the processing of each batch, samplings are made, and an extremely sensitive and delicate scale is used to ensure the correct weight for every batch of material processed.
 valuable in the type of analysis carried on in the laboratory.
 To ensure proper consistency, the mixture is spread on trays and placed in a drying room.
 The capsules are automatically uncapped.
 The effectiveness of the compost as a fertilizer is shown by the quality and size of the fruit and flowers at the Nutrilite farms, which have been grown with this specially prepared mixture.
 to be used as part of the compost.
 has devoted many years to study and work in the field of nutrition.
 is weighed and the weight and the batch number recorded by the operator.
 ultimate destination of which is your home.
 General tablets are emptied into a hopper and then are fed into automatic counters.
 truly a distinguished product among food supplements.
 The barrel is then sealed.
 Then the natural bacteria found in the various materials start the necessary decomposition.
 sets of plungers work together to compress the mixture into tablet form under several tons of pressure per square inch.
 The finest and most definitive mineral analysis is ensured by the use of the spectrograph.
 Cutting for dehydration. Nutrilite products takes only the upper few inches of the plant.
 These two men provide leadership and inspiration to the many thousands of distributors of Nutrilite food supplements.
 This is but one of the accurate records, kept even long after the finished product has been eaten, possibly at some far distant point.
 plus more rigid control.
 The Neutralite Laboratory is not only evidence of the thoroughness and care which is lavished on the preparation of Neutralite food supplement, but it is a constant reminder of the unceasing efforts in the direction of further progress in the field of food supplementation made by this highly competent, carefully trained staff.
 All the mineral ingredients are placed in this machine and thoroughly mixed.
 earthworms aerate the soil and help to work the compost into the ground.
 The machine then fills the lower part of the capsule with the neutralite compound, which has been fed into a hopper on the machine.
 Here is the man who developed Nutrilite food supplement.
 Other materials used in the compost include, in addition to the alfalfa cuttings, animal manures, limestone rock, phosphate rock, red rock, and other mineral compounds.
 we see another step in the rigid control exercised by neutralite products.
 Here in Long Beach, California are located the offices of Meitinger and Castleberry.
 The tools are affixed to the bottles mechanically and the bottles are now ready for packaging.
 each step of rigid control which assures you of the greatest accuracy and the highest quality.
 At the same time, the container is flushed with a harmless inert gas.
 Many years ago, farmers in this beautiful area found that the soil and climate were ideal for raising the finest alfalfa. And only the finest will do here, because this is part of one of the famous neutralite products, alfalfa farms.
 When the dehydrated alfalfa is removed from the dehydrator, it is emptied into a large hopper.
 In turn, the entire sales organization was made possible by the founders and chief executives of Meitinger and Castleberry Incorporated, Mr. Lee Meitinger and Dr. William Castleberry.
 Guarded against oxidation, this machine draws off the air and forces a harmless inert gas into each bottle.
 Only Carl Rennborg and his immediate assistants are admitted to this building, for these exclusive extraction processes are a closely guarded secret.
 After thorough mixing and blending, the neutralite compound is ready for encapsulating.
 visual inspection is made here also.
 step in the rigid control.
 Fresh alfalfa is put into this chopper and is cut into pieces small enough to ensure quick, easy, and efficient dehydration.
 Filled capsules are emptied into hoppers from which they are drawn by slotted trays into bottles.
 The factual story has its beginning in one of the loveliest spots in America. Approximately 100 miles east of the city of Long Beach, California are some of America's most beautiful valleys.
 Here in Buena Park is the home of Neutralite Products, Incorporated.
 These samples also go to the quality control laboratory for analysis to assure that the high standards are maintained.
 This is where the neutralite capsule compound, composed of the neutralite concentrate and added crystalline vitamins and vitamin concentrates, is mixed.
 By the time the barreled alfalfa, watercress, and parsley meal left the Nutrilite Products farms, through the extracting, adding of minerals, crystalline vitamins, and vitamin concentrates, measuring, boxing, and weighing, a constant check has been made and a constant control maintained.
 The scope of activity here is indicated by the amount of space required.
 materials are spread, they are thoroughly mixed to ensure the most uniform decomposition.
 After being cut and thoroughly composted, the fields are irrigated by overhead sprinklers, and each field is thoroughly watered twice between cuttings.
 Throughout this stage of the operation, the tablets are sampled frequently and weighed on these very delicate scales.
 the precise scientific compounding of the neutralite concentrate and the added crystalline vitamins, vitamin concentrates, and minerals that neutralite products incorporate.
 numbered, and recorded. The containers are sent by truck to the processing plant.
 Processing of the minerals is also done with great care.
 Here we have seen the preparation of the neutralite food supplement,
 compost is ready for use. It is deposited in liberal amounts on the alfalfa field.
 Following the drying process, the mixture is placed in an oscillator, which sifts the material into a fine granular form ready for tableting.
 After the top alfalfa has been cut for dehydration, this machine cuts a further portion of the stalk.
 Select watercress and parsley, which are contained in neutralite food supplement, are processed here in the same manner.
 the finished capsules are ready for packaging.
 building and the large, highly trained staff are needed to meet the tremendous demand for neutralite food supplement.
 The purpose of the inert gas is to displace air, which has an oxidizing effect on the alfalfa, watercress, and parsley meal.
 A very important step is the preparation of a high-grade compost to use on the soil.
 Acre after acre of apricots and peaches adorn the valley like living jewels.
 are now ready for labeling.
 The workmen then load the trays into a drying rack and check to make sure the trays are properly loaded for dehydration.
 This is a concentrate chemically and mechanically extracted from alfalfa, watercress, parsley, and yeast, and is found only in neutralite food supplements.
 This machine places empty capsules into a circular metal disk.
 Once again, we notice that each is identified with its batch number.
 Operation also permits a last visual inspection.
 The process of dehydration is an interesting one.
 booklet, facts about vitamins, minerals, and neutralite food supplement. And the person who presents the story is a member of your own community, your
 The electrolyte concentrate is placed in the mixer together with the added crystalline vitamins and vitamin concentrates in proper proportion.
 The activity of the neutralite laboratories is divided into research and control.
 Once the alfalfa is harvested, it is carried up by the conveyor belt and dropped into a wagon.
 During these processes, the compost is kept moist at all times.
 The size of this storage building gives us an idea of the activities of the entire plant. Materials used in compounding neutralite are stored here until the neutralite control laboratory has checked and approved their quality and potency to ensure that they meet the high standards set by neutralite products.
 Enter the tall, majestic peaks of the San Jacinto Mountains, tower above one of the richest valleys in the entire west.
 Here the final operation takes place.
 Once the racks of fresh alfalfa are put into the dehydrator, racks of alfalfa which have been dehydrated under rigidly controlled temperature are removed.
 should meet Karl Rennbohr.
 The encapsulating process takes place here.
 A bottle of capsules and the box of tablets are packed into one box.
 As the filled bottles move along the line, a special machine stuffs cotton into each bottle to ensure a firm pack.
 follow it.
 More and more often these days, an interesting story is being presented to men and women in homes and offices all over America.
 the alfalfa is cut, gathered, and loaded in one operation without touching the ground and is quickly taken from the field to the dehydration area.
 All possible care is taken to ensure the highest quality finished product.
 Headquarters for the complete control plan are the Neutralite Products Laboratories, also located in Buena Park.
 building is the extraction laboratory.
 In several more weeks, these piles of compost are ready for use.
 All proper ingredients for a compost pile have been assembled. They are loaded by this power lift into a specially constructed mixer.
 soil, special compost, proper irrigation, sunshine, and fresh air. Produce this top-grade alfalfa, now ready for dehydration.
 and batch number are recorded.
 the unceasing research and analysis at the Neutralite Laboratory.
 Lena Park, California is a thriving community some 20 miles northeast of Long Beach.
 The samples also go to the quality control laboratory for analysis to make certain that the neutralite rigid standards are maintained.
 Let's return now to the Neutralite plant.
 Compost is used in conjunction with hybrid earthworms cultivated at the Nutrilite farms.
 The mineral mixture is fed into a hopper in the tableting machine and is drawn down onto a revolving plate which contains indentations, each of which is filled automatically.
 This machine is called a fox chopper.
 The filled disk is now returned to the machine for capping of the capsule.
 The Heinegger and Castleberry Incorporated is the exclusive international distributor of Nutrilite food supplements.
 When the barrel is full, it is weighed and the weight recorded.
 It is interesting to see what steps are taken to ensure such a high-quality alfalfa.
 The number put on this barrel is one of the steps of constant control, quality control.
 on the substance as opposed to just the concerning filing of this at the very last minute.
 It was your honor at 6pm last night the government attempted to amend its medical declaration
 There have been no new COVID cases in the detention center where Rosal is since April 20th.
 I know that that is a recent update as the government's medical declaration itself acknowledges COVID-19 is still a new disease with evolving information.
 But it is not just the pandemic and its effects on normal life that make these circumstances extraordinary.
 That's not incorrect, Your Honor.
 These are chronic conditions that are found widely in the general population.
 First on the method of administration of the flu mesolide.
 I'd like to ask you, are they easing up generally or is it in prisons that currently there is still much to be worried about? That is, it certainly has eased up in my state, for instance.
 And one of those studies confirms that the specific corticosteroid that Mr. Rassell uses is absorbed into the circulatory system when it is administered nasally.
 the answer to that question, but I would gladly, I can find out and file an amended statement from the director of the facility if you'd like.
 The white blood cell counts the government put forward a new CBC test from
 If I may just very briefly, I just like to quickly address the government's extraordinary attempts last night to put forward a new medical declaration in reply to our arguments.
 It's a very new requirement that they are now required to wear the mask, not all the time when they're outside of their housing unit.
 Let me ask you another question.
 But the point is that Mr. Russell is not the average detainee.
 If you answer both questions affirmatively, then you should exercise your authority to release him.
 Mr. Roussel has challenged the nature and length of his detention more than once in the district court.
 Thank you.
 The CDC guidelines explicitly describe corticosteroid use as a risk factor in saying, and I quote, the use of oral or intravenous corticosteroids or other medications causing immunosuppression can put a patient at risk of an affected immune system.
 What is an extraordinary risk for one kind of person may not be sufficient for another one. Shouldn't we look at the whole thing together? Your Honor, again, I'm not sure I'm in the position to answer that.
 Yes, sure. Go ahead.
 So if I may, I'd like to request one minute for rebuttal.
 The weight.
 Let me interrupt for just a second, please.
 So Dr. Keller, a medical expert with over 20 years of expertise in diagnosis and treating people and also in work alongside ICE, has opined that Mr. Roussel's particular medical conditions, and that does include both his long-term immunosuppressant use and his weight and all of these, and his depression, anxiety, his long-term detention in the facility,
 even if the test comes back negative.
 And Raffle has not met those criteria. And so he is in one of the more standard housing units.
 And he has actually won one of his habeas petitions in part and is entitled by July of this year to receive a more individualized hearing on his continued detention status.
 Thank you.
 I'm sorry.
 Bye.
 And so, not only has the detention center gotten better since the Jones litigation, but the detention center is a much safer place for razzle to be than the epicenter of the pandemic which remains in the United States to be New York City.
 that each unit is under 50% capacity.
 I'd like to start very quickly with the various CDC guidelines that the petitioner has cited in support of her claim that Rosalind's use of corticosteroids puts him at risk.
 And may it please the Court.
 That's it. Thank you. Thank you.
 I would like to point the court to the CDC guidelines that the petitioner cite explicitly as saying that Mr. Rossell's use of these corticosteroids that he takes the nasal spray which is a localized corticosteroid affects his immune system and puts him at greater risk.
 Again, there are so few of these cases, but I think you're right in saying that this is a totality of the circumstances sort of consideration.
 Go ahead and you can do that.
 Meaning that the fact that over the course of six months, someone's white blood cells haven't changed very much doesn't tell us anything about the importance of that test.
 You can have one minute.
 No problem, your honor.
 I guess we have open still the question regarding the amended statement that has to do with medical information about the import of Mr. Rozell's white blood cell count.
 Every person that comes into the detention center, every new intake is tested and quarantined for 14 days each.
 There are only a few single unit housing cells in this detention center and those are being used per the Jones litigation for detainees that are determined to be at high risk.
 And so the nature of this sort of motion, and again, they're so rare, but we're seeing them in this pandemic context.
 hear the rebuttal.
 those exact CDC guidelines actually say, and I quote, that the use of oral or intravenous corticosteroids may affect patient's immune system. And so- Could you speak a little more slowly, please?
 Could you just clarify one thing for me? So the status of the mask requirement is what with regard to prisoners?
 By the way, you have one minute left of your four minutes.
 housing unit itself to the extent it can be made more safe is being made more safe in
 My name is Denisha Backus and alongside my colleague Gregory Dubinsky.
 Good afternoon, your honors. Sarah Pergolese for the government and may it please the court.
 And if we, the panel decides to consider that, if that's something you would want an opportunity to respond to.
 I actually haven't seen that was something was filed last night.
 The facility is below 50% capacity to ensure that detainees can maintain social distance.
 Thankfully, the CDC guidelines are not the only evidence that we have to this point.
 is Mr. Russell's severe medical vulnerabilities.
 Mr. Rosal was housed in a dormitory-style kind of open area where there was space for people, but where he could be then affected by someone else's mask-wearing practices and be the victim of a transmission.
 The government is correct that currently the CDC's guidelines do distinguish between different methods of administration of corticosteroids.
 You also, the gastroesophageal reflux, chronic cough, exercise-induced asthma, all seem to be relatively common ailments, rather than, this is not something like lupus or cancer that has been diagnosed.
 But the guidelines that we had in my state are that prisons are now becoming what nursing homes were in an earlier part. Is that so? You have one minute, by the way. Thank you.
 On the point about his criminal history, we want to just reiterate that he has no criminal history.
 What about what about the staff are they tested daily or how often are they tested. Your honor I don't know the answer.
 on his white blood cell count and notably on his weight, which they don't actually mention in their affirmative motion.
 And so that that is respectfully what we put forward on the relevance of the medication.
 When I was looking at the Jones litigation, it seemed to me that people were, inmates were requested to wear masks, but it was not required.
 But was it still such a great emergency. It is your honor and to be clear we applaud all efforts to make the Buffalo facility safer for the average detainee.
 to opposing counsel, the presiders said, aren't things easing up?
 Does that not make this an unusual case, an extraordinary case, really? Your Honor, it's our position that it doesn't.
 On the first question, the government doesn't dispute that Mr. Rissell raises substantial claims, which we preview in this motion and will brief in full in our forthcoming petition.
 Court will reserve decision.
 And so the CDC guidelines that the petitioner cites themselves, they're actually not prohibitive of the claim that they're making. That is that this localized steroid, which acts differently than intravenous or oral corticosteroids in the bloodstream and in its effect on a person's immune system.
 And that bumps this case away from being an extreme circumstance in the way that they're arguing.
 I'll do it as quickly as I can. Thank you.
 I understand from your deputy that rebuttals are not the default in the motion context, so
 Otherwise, detainees are screened for symptoms and tested if they display symptoms.
 Sorry, I used your...
 Shouldn't we be considering what is a danger from respect to the virus, also consider why the person is being retained, detained, and how much? I mean, the two things really go together.
 A few quick points.
 government are accused of...
 There are many of these applications now, we're getting them in the criminal context. The facilities do seem to do better.
 We only have five minutes.
 I understood you to be representing that the incidence is low right now of COVID in this facility.
 Are you confident that these are really this kind of dual in the prison population, that they would distinguish Mr. Razzell just on their own? I mean, there may be other aspects of his circumstances, having been held for so long, for example, that make his case extraordinary.
 Good afternoon, your honors.
 That is correct, Your Honor.
 And what we contend is an almost a concession of our points on their of our challenges to their medical deprecation.
 And all employees that interact with the detainees must wear masks at all times.
 studies by the National Institutes of Health, namely the National Library of Medicine that does not distinguish between the immunosuppressant effects of corticosteroids that are administered nasally versus in any other fashion.
 There can be no doubt that we live in extraordinary times, evidence in part by our discussing this motion by phone.
 of the medical.
 I'm correct, okay.
 That is the point we are not.
 There has been no, I've confirmed this today.
 government does not argue that he is a flight risk?
 September 2019 long after Mr. Roussel had already began his corticosteroid therapy based on the studies that we cite.
 I think it probably goes without saying that you cannot surprise the court and your opponent with new evidence on the oral argument.
 But go ahead.
 they're doing better.
 anytime they go to court, anytime they go to a medical visit, anytime they leave their housing unit, they are required to wear a mask.
 Thank you, your honor, this emergency motion asked two simple questions, whether Mr. Estelle raises substantial claims and whether extraordinary circumstances justify his release.
 I would say here that based on us having less than 24 hours to review it, we believe that Mr. Rissell would still prevail even if the court were to wait that verified declaration. We would still believe that Mr. Rissell prevails. He tries to, the government tries to make two new arguments.
 All right, we'll find it and take a look at it, but we'll hear from the government.
 Despite petitioner's contentions in their reply brief, detainees are required to wear masks anytime they are outside of their housing unit.
 site cases, excuse me, not cases.
 His second question on whether extraordinary circumstances justify his release comes out in our favor.
 Let me let me question you about that because I'm familiar with these corticosteroids that are used for allergies, have a number of family members who use them.
 There aren't, there aren't, yeah, sorry. That is more precise.
 Your Honor, that's not supported by the declarations that I've received from the detention center.
 has never been arrested.
 arguing that any one separately would necessarily affect what would be enough. But we do believe that combined and we have evidence both here and in the CDC guidelines that these conditions affect his vulnerability. On the CDC guidelines, your honor, the CDC does recognize that immunosuppressant use, excuse me, that corticosteroid use does lead to immunosuppression.
 you're only going to get four.
 A relevant comparison are baseline levels, i.e. levels before a patient begins corticosteroid therapy to levels after the patient is on corticosteroid therapy.
 The
 And so just from a couple of months ago, I mean, the numbers are down.
 I'm sorry.
 understood, Your Honor.
 I was troubled by some of the other aspects of the case, including that even though he does not have a criminal record, he's been in detention for two years.
 But I would say that the medical allegations that the petitioner is making are not supported by the record.
 And then the other side can respond if it wishes, but I would do it relatively soon.
 I am pro bono appointed counsel for petitioner Mohamed Rousseau.
 And any detainee, symptomatic or not, can request to be tested and they will be tested.
 time.
 I guess he's had one cold and a respiratory infection while in immigration detention.
 but they appear to be baptized.
 Thank you, your honor.
 I'm so sorry, that doesn't help.
 Among them, his long-term use of an immunosuppressant medication and his symptoms
 But it was not clear to me what the testing rate was. Has everyone tested?
 But I do wonder about your reliance so heavily on his use of the corticosteroid, as well as his other relatively minimal conditions in my experience.
 We'll begin with the motion, Raycel versus Barr.
 The roll from Ohio's time has expired. Members are reminded to address the remarks of the chair for what
 20,000 jobs lost last month, our economy has now shed 260,000 jobs so far this year.
 In recognition of Kayla's heroism, American Heritage Girls has created the Angel Among Us Award, which Kayla will receive during the regional award ceremony on May 16.
 Let's invest in American oil.
 so in the whole of creation.
 to celebrate the 60th anniversary of truly an important time in Jewish history.
 Only 7% said that they are fair.
 and will gain enormous wealth and political influence.
 objection, the gentleman is recognized for one minute.
 back the balance of my time.
 they just happen to be the firms the Fed has been rewarding handsomely by injecting billions and billions of dollars to rescue them.
 Co-ops of America, led by National President Jack Wolf, are leading the way.
 Many of my constituents are having a hard time just making their own mortgage payment.
 Under her guidance, this class embarked on a campaign called Pennies for Piedras to raise money toward this effort.
 from Iowa yields back his time for
 As a result of that action, 150 million taxpayers began receiving rebate checks last week.
 What purpose is the gentleman...
 Also this week, we're going to begin to put together a second economic recovery effort directed at rebuilding America's infrastructure, first by enacting a housing package to help establish the floor in the housing market, and
 The Bush administration is eager to give tax breaks to the wealthiest of Americans and assist Wall Street firms like Bear Stearns. It does little to help middle-income families.
 Supreme Court decided last week in a 6-3 decision that Indiana's law requiring photo identification to vote is constitutional.
 Why won't the Democratic leadership bring for a vote H.R. 3058, which is a bipartisan four-year reauthorization of the county payments timber program, keeping a hundred-year-old commitment from this government to these counties? It's been 112 days since H.R. 3058 was made eligible for a vote.
 If they can't make good decisions, we won't have a democracy.
 Mr. Speaker, we have a situation today where the Americans are paying almost $4 a gallon for gasoline.
 Federal Reserve Chairman Ben Bernanke says Congress should do more to address the housing foreclosure crisis.
 Experts believe that tapping the reserve could lower our gas prices by as much as 5 to 25 cents per gallon.
 This process is saving pollution from ending up in the Chesapeake Bay.
 didn't matter that the legislation would reduce our dependence on foreign oil, lower prices at the pump and create new green jobs.
 not responding to Ohioans witnessing foreclosure,
 Spring rains, make us mindful of your presence in our lives.
 President of the State continues today to have discussions with Israeli researchers and industry on how to extend and beneficial use of the world's ever-shrinking supply of water for the important purpose of feeding our world.
 display of courage and maturity and composure that far exceeded her 10 years of age, Kayla responded to the emergency quickly and effectively. She
 first hand some of the problems that the real estate industry and the housing industry is facing today.
 This is a 15 minute vote.
 losing more jobs even as the middle class is struggling just to keep their heads above water.
 Democrats are calling on President Bush to stop filling the Strategic Petroleum Reserve.
 Seven years of President Bush's economic policies have put a tremendous strain on middle-class families.
 Indiana's time is expired
 Without objection the gentleman is recognized for one minute. Thank you madam
 Are some people having a hard time making these mortgage payments? Of course they are.
 So we refuse to give more blank checks to Iraq.
 Democrats passed the Energy Price Gouging Act to punish those who take advantage of these record prices by increasing them even further. Republicans overwhelmingly voted no.
 purposes, the gentleman from New York rise.
 Our country is blessed to have teachers like Mrs. Anderson who spark students' passions, encouraging them to get involved in the world around them.
 So into clause one of rule one, the journal stands approved.
 I rise today to ask this House, why do we continue to punish Illinois and U.S. manufacturers and farmers? In the 531 days since the U.S.-Columbia Trade Promotion Agreement was signed, U.S. products exported to Columbia have suffered over a billion dollars in taxes and tariffs because they were exported from the United States to Columbia.
 home state of New Hampshire foreclosures have increased nearly 96 percent.
 I asked the administration, do they get it? And so that's why it's important for us to support an amendment in the emergency supplemental that says we will bring our troops home with honor.
 have it.
 from Texas. This time is expired for what?
 look at other countries or in our own backyard, we must embrace alternative energy sources as one of the ways to reduce our dependency on Middle Eastern oil and combat skyrocketing energy prices.
 purposes, a gentleman from Ohio rise.
 Over the past seven years, President Bush has been delivering an energy policy that has resulted in the highest increase in the cost of energy in the history of this country.
 help nearly 1.5 million Americans in need.
 The Pledge of Allegiance will be led by the gentleman from Virginia, Mr. Moran.
 Speaker, the price of gasoline is now averaging over $3.60 a gallon.
 And let's not give a $500 million development of hotels and restaurants.
 bring up for a vote the U.S.-Colombia Trade Promotion Agreement. Thank you.
 Madam Speaker, Americans are paying the price at the pump for inaction of this majority.
 Madam Speaker. For what purpose does the gentleman from Texas rise?
 300 square miles larger than the entire state of Delaware.
 not going to do anything about price of the pump now, it's not going to do anything about price of the pump later.
 it is disposing of waste at the same time.
 Gentlemen from Wisconsin's time has expired for what purpose?
 here on the Union calendar of the House.
 Iran has plans to build 40 nuclear power plants in the next 15 years, investing approximately $50 billion in these reactors.
 I certainly hope that my colleagues on the other side of the aisle understand the urgent need and that we will receive bipartisan support for this proposal.
 The audience is now adjourned.
 back is time for what we call
 purposes the gentleman from Colorado rise.
 The gentleman is recognized for one minute.
 others respond with a depth of spirituality and service not easily recognized.
 This Columbia trade agreement is good for states like Illinois.
 This lawless trespasser had already been deported for indecency with a child in 1998, but he snuck across the border again to continue a crime spree.
 On February 13, 2008, Kayla distinguished herself when her father, Patrick Bass, a Desert Storm veteran, suffered a seizure.
 speaker to rest the house for one minute revise and extend
 The reality is that we have actions we can take on the short term, the Strategic Petroleum Reserve, the Enron loophole, and in the long term to reduce our reliance on carbon.
 Madam Speaker.
 and the gentleman is recognized for one minute.
 Speaker on this National Teacher Day, I rise to single out just one of the many talented teachers in my congressional district.
 Last year, over 342,000 tons of waste were processed at the facility. And I'm told that something like 30,000 tons of trash a day is trucked out of New York City to landfills.
 That objection, then, gentlemen, is recognized for one minute.
 Tucker yields back it's time for a personal
 The effect of these rising prices is felt not just when we fill up our tank. We see the rising price of the grocery store because our food is shipped in trucks all across this country.
 in the next couple of weeks will contribute almost $170 million.
 And that is why it is so important that Congress pass the comprehensive housing package that is coming to the floor this week.
 This will go into effect one month after this legislation is passed.
 The chair has examined the journal of the last day's proceedings and announces to the house her approval thereof.
 Thank you Madam Speaker.
 purposes the gentleman from Wisconsin rise.
 no.
 The gentleman is recognized for one minute.
 Northwest Ohio, alternative energy is abundant with the only wind turbines in the state, solar panel production, and coal liquefaction technology all adding to our energy production.
 The package would also offer assistance to states and localities to purchase and rehabilitate foreclosed properties.
 I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
 Thank you, Madam Speaker.
 Illinois time has expired for what
 And the gentleman from Iowa is recognized for one minute.
 I now choose home with honor, vote for this amendment.
 Democrats promised the American people two years ago last week that they had a plan to address rising gas prices.
 objection, the gentleman is recognized for one minute.
 Refusing to renew the county payments program, Congress has broken its pledge to rural areas all across this country like Grant County, Oregon, where federal land covers 61% of the county.
 Last week, the President continued his call for more of the same when he touted an old plan for domestic drilling in the Arctic that would produce a six-month supply of oil ten years from now.
 plant burns solid waste at very hot temperatures using the heat to turn water into steam which is used to turn a turbine and create electricity.
 No relief in sight for the American public as they continue to endure the cost of skyrocketing energy costs. It is once again time to look at alternative energy sources to combat this problem.
 Mr. Harper, this is the gentleman from Pennsylvania Rise.
 We had 51 legislative days when it could have been brought up for a vote to help secure rural schools.
 With that, I yield back.
 Thank you Madam Speaker, I yield back.
 have it the journal stands approved.
 yet another the art of compromise.
 an agreement with Colombia to eliminate those tariffs. And every day we delay, it costs almost $2 million and higher, excuse me, $190 million a week in higher tariffs on U.S.-made products.
 objection, the gentleman is recognized for one minute.
 May
 Speaker, I rise to recognize Miss Kayla Bass of Florence, Kentucky.
 after coming to Houston, Quintero finally confessed to murdering one of Houston's finest.
 purposes the gentleman from Indiana rise of the gentleman from Oregon
 This year, in fact, the Democratic Congress has passed energy legislation. It's getting nowhere because it's being held hostage in the Senate, and it has no support from the President of the United States.
 Mr. Speaker, today America's eyes are turning to Indiana and North Carolina as tens of thousands of Americans are making their decision in primary election days.
 Speaker yesterday
 ton of solid waste has the energy equivalent of one barrel of oil.
 for what purpose does the gentleman from New Jersey rise?
 Andy Anderson teaches second grade at Grover Heights Elementary School in Grover Beach.
 for
 American people do not expect a quick fix, but they do expect us to work toward energy independence rather than simply pointing fingers in blame.
 And yet we are paying to pick up the garbage and train the security forces in Iraq when
 This week we also learned that April was the fourth month in a row that our economy lost jobs.
 purpose of the gentleman from Texas rise. Request permission to address the house for one minute.
 One in the tree, another in the rose bush, still another in the vine.
 Today we have an opportunity to significant milestone in Israel's history.
 Self-control during this event is impressive.
 advanced American energy exploration.
 purposes the gentleman from South Carolina rise. Madam Speaker I ask permission to address the House one minute revising Stenmaier remarks.
 This is an amazing result, but not a surprising one, since slanted coverage pervades much of the news Americans get every day.
 will get even more revenue than the 72 billion dollars they anticipated this year.
 him use his considerable power to bring to the table the very big banks that aren't coming to foreclosure workouts at the local level.
 THE CENTRAL OHIO YIELDS BACK ITS TIME FOR A
 In conclusion, God bless our troops and we will never forget September 11th.
 What we shouldn't be doing is taking their tax money to pay their neighbors' payment.
 back.
 particularly troublesome considering that experts say the economy must create 150,000 jobs a month just to keep up with the number of Americans entering the job market. And all of these red flags show why it's so important that we work together in a bipartisan fashion early this year to pass the economic stimulus package. As a
 By the end of that school year, the students had raised $1,337.30 in pennies.
 I ask for the yeas and nays.
 we intend to invest in higher wage construction jobs that will stimulate local economies nationwide.
 these increases and paychecks that have on the average fallen, it's no wonder the majority of Americans say their economic situation has not improved in the last five years.
 Again thanks to the United States Supreme Court decision in Crawford versus Marion County Election Board, Hoosiers will be voting today with greater confidence than ever before.
 national media need to let the American people make up their own minds, not tell them what to think.
 This morning Goldman Sachs announced that oil is going to go up to $150 to $200 a barrel, which means that it's not going to stop at $4, it'll be about $5 or $6.
 Our speaker has said she'd like this to be the Children's Congress.
 Right now, Americans need help. They're hurting.
 saving land by reducing the need for landfills and it's creating clean energy in the process.
 Thank you, Madam Speaker.
 I will
 Democrats voted to repeal unnecessary subsidies to big oil companies so we could instead invest in clean, renewable energy. Republicans overwhelmingly voted no.
 She administered first aid, called her mother and grandfather, while simultaneously caring for her younger brother and two cousins who were at home at the time of the emergency.
 24% of the American homeowners are paying their mortgage payments on time and in full.
 Eternal Father, drawing us ever closer to you.
 The National State has a long history in working with many leading drip and micro-irrigation equipment manufacturers in Israel, and the University has a long history of exchange of information on the Agricultural Research Organization and the Volcani Center in Israel, including exchange programs that have brought research scientists to work on water and salinity issues.
 We're in this mess because the Bush administration and its followers have failed to establish a fiscally responsible budget policy and are continuing to borrow and spend our nation into the poorhouse.
 reserve is 97% full, which is more than enough to meet any emergency we would have.
 Good afternoon, Madam Speaker.
 Indiana's laws had its critics in this body, but I rise to extol the Supreme Court and all of those in Indiana and North Carolina who, with greater confidence today, will exercise their franchise and guide America's future.
 Madam Speaker.
 Can the government help? Yes, in some cases. But I urge my colleagues to be very careful here.
 thank our soldiers on the front lines of Iraq and Afghanistan, the war we should win. Bring
 back.
 still preferred the status quo.
 The family from New Jersey's time has expired.
 Mexico is meddling in the U.S. court system, but Juan Contreras cannot miss his judgment day and his day with his maker, because justice is what we do in America, even if the Mexican government doesn't like it, and that's just the way it is.
 purposes the gentleman from Ohio rise.
 This kind of war cannot be an unending war.
 respond to this plenitude and accomplish great deeds for this nation, revealing your glory at work in the world now and forever.
 purposes, the gentleman from Illinois rise.
 will give relief to the millions of working families struggling to pay their mortgage with the rising price of gas and food.
 Pursuant to Clause 8 of Rule 20, further proceedings on this question are postponed.
 For seven years he has sat on the sidelines and even last week at a press conference in the Rose Garden he concluded that I'm quoting here the cost-benefit analysis of immediate action for consumers were not persuasive enough for him to act.
 States has not licensed a nuclear power plant in 30 years, while current congressional leadership refuses to even consider the notion of a nuclear power as a viable alternative energy source.
 That's a shame because right now Americans are paying nearly $4 a gallon for gas.
 a home builder, a land developer, and even a mortgage lender.
 For this and many other reasons, we recognize and celebrate the 60th anniversary of the Nation of Israel.
 Let's be competitive, let's eliminate those tariffs.
 Democrats are working to provide some relief, but we face stiff opposition from the White House and congressional Republicans who have opposed every single energy bill that we've brought to the floor this year. When it
 we are we thinking about? I yield back.
 Glass and plastics are recycled out in the process.
 purposes, the gentleman from California rise.
 Children of Grant County rely on the federal government to be a good neighbor.
 said the President is blaming congressional Democrats for not addressing the problem. But it's the President who won't suspend purchases of the Strategic Petroleum Reserve, which would bring down prices 25 cents immediately.
 a bold proposal to take decisive action.
 favor say aye.
 objection, the gentleman from Ohio is recognized for one minute.
 When will the Democrat leadership of the House keep its commitment to rural communities?
 Johnson would still be alive today enjoying time with his five children and his wife, Jocelyn, a fellow Houston police officer if our border was protected. This
 spirit makes one a teacher of honest facts, another visionary of the future, to an
 During that period of time, Colombian products entering the United States come in duty-free.
 Mr. Speaker, I rise today to ask the administration to recognize that this unending war must end. And in the backdrop of a newspaper article that suggests that the administration is looking at a $500 million development of hotels and restaurants and amusement parks in Baghdad,
 know the names, city group
 This facility is a great example of the kind of ingenuity that we need to put America on a path towards energy independence.
 The gentleman from Oregon is recognized.
 back to balance.
 And yet Americans have already contributed over half a trillion dollars to Iraq's economy,
 remaining essentially the same, the rain adapts itself to the needs of each creature that receives it with the openness of absorbing life.
 start by promoting American alternative energy.
 It's a chump in this man.
 Maybe our state and community leaders should take a cue from the people of Lancaster County as we search for more energy to meet our needs.
 Mr. Speaker, as the first quarter of 2008 ended last week, it was clear that things are not getting any better for American families struggling to make ends meet.
 The gentlewoman from California is recognized for one minute.
 Speaker, Houston Police Officer Rodney Johnson was the best of the best, but he was taken by the worst of the worst.
 Water comes down from the heavens as rain.
 The gentleman is recognized for one minute.
 Speaker, I ask you to join me in commending Kayla Bass for her outstanding service and character, and I yield back.
 She's one of those gifted teachers with a truly unique way of igniting the interest of her students.
 Thank you, Madam Speaker.
 I agree.
 The gentleman is recognized for one minute. Thank you, ma'am.
 Mr. Speaker, during a telephone town meeting last night, I asked my constituents, do you think the media are fair and objective in their news coverage? Ninety-one percent of the almost 400 respondents said the media are not fair.
 This is a tremendous boon to Iran and Iraq.
 purposes, the gentleman from Kentucky rise.
 That was a good start, but more needs to be done.
 Through that project, one student learned of the federal efforts to restore the Piedras Blancas Lighthouse in my district.
 represent a state that's dependent on exports.
 purposes the gentleman from New Hampshire rise.
 time has expired.
 Speaker, the Democratic House recognizes the immediate need to help middle-class families, and that is why our budget prioritized middle-class tax relief, and why we are proposing a second economic stimulus package.
 In this opinion, the Supreme Court noted, quote, there is no question about the legitimacy or importance of a state's interest in counting only eligible votes.
 purposes of the gentleman from Texas rise.
 The ayes have it.
 And that, furthermore, the President will understand how important this is and sign the bill we intend to enact.
 Once again, House Democrats urge the President to reconsider.
 purposes, the gentleman from Ohio rise.
 The American people don't get the facts. They can't make good decisions.
 The gentleman is recognized for one minute.
 American Heritage Girls is dedicated to developing young women through service to God, family, community, and country.
 will be in order.
 My district, the San Joaquin Valley, is the breadbasket of the nation, but we have a unique relationship between California State University at Fresno and the University of the Negev.
 Here's a list of the firms you can invite right now.
 The chair will entertain up to 15 requests for one-minute speeches on each side of the aisle.
 Since 2001, health care premiums have gone up almost $6,000.
 purposes the gentleman from Vermont rise.
 Today we're holding an economic summit to determine how best to restore our ailing economy.
 back. Thank you.
 Speaker, last week the Labor Department reported that for the fourth month in a row, our jobs are going south. We are
 This is just one example of the many exceptional ways this teacher touched the lives of her students and expanded their awareness of their communities.
 Madam Speaker, Democrats understand the hardship that families are facing every time they go to the gas station. And that is why we've passed six bills that would provide real relief to consumers.
 is on the motion.
 Last week we learned that the number of homes facing foreclosure more than doubled from last year.
 It's not fair to penalize those folks that made good decisions and played by the rules by taking their tax money and rewarding those who didn't.
 purposes the gentleman from Ohio seek recognition.
 We're proud of you.
 though it is always the same itself, it produces so many different effects.
 Thank you very much, Madam Speaker.
 National Blue Ribbon School.
 We'll put all the names in the record and we'll come back again.
 purposes the gentleman from Indiana rise.
 However, let me respectfully suggest to the Fed Chairman that he, too, can do much more to help.
 objection, the gentleman from Texas is recognized for one minute.
 Now, think about this.
 Two years ago, she led a class project where each student picked a lighthouse to study from around the country.
 objection the gentleman is recognized for one minute.
 Mr. Speaker, with so many Americans struggling and the bad economic news continuing to amount, we urge the President and the Republicans to join us to pass a second economic stimulus package.
 from South Carolina yields back his time for what?
 Madam Speaker, I encourage folks to be very cautious about these bailout programs.
 biggest product we produce in the district I represent, we have 8,000 union workers who produce yellow bulldozers and construction equipment.
 Gentleman from New Hampshire's time is expired.
 It's time for President Bush to put the middle class ahead of the wealthiest few.
 further stated, ìIndianaís interest in protecting public confidence in elections while closely related to its interest in preventing voter fraud has independent significance because such confidence encourages citizen participation in the democratic process.î
 As are requested, those favoring the ayes and nays will rise.
 I hope my colleagues in both parties will join us in this effort to build a better nation here at home.
 objection, the gentleman from Ohio is recognized for 1 minute.
 President Bush could take action today that would provide immediate relief to consumers at the pump, but he refuses to act.
 And the greatest threats America faces is a biased media.
 purposes the gentleman from Virginia rise.
 The chair will be offered by the chaplain, Father Coughlin.
 My constituents for years have been partnering with the counterparts in Israel to research water, irrigation, technologies, and agricultural solutions that problems that face our world.
 She really attributes her quick thinking and first aid proficiency to the skills she learned in American Heritage Girls Troop Kentucky 727.
 Mr. Bernacchi, let me help you out.
 College tuition has increased by $2,500 and gas prices have more than doubled.
 The gentleman from Vermont is recognized for one minute.
 Amen.
 3
 response to this downturn, Democrats are taking action.
 time Republicans realized that no is not an energy strategy.
 It's on the motion to adjourn. Those in favor say aye.
 The gentleman is recognized for one minute.
 I'm happy to say that our students have gone on to lead support for continued restoration of this special place.
 clause one rule one I demand a vote on agreeing to the speaker's approval of the journal.
 There's no doubt that the housing crisis and the consumer credit crunch are getting worse.
 We do not need for the federal government to be the piggy bank for folks that made poor decisions or to bail out the lenders that made loans to people that really didn't have the capacity to pay it back.
 Quintero is in trial for capital murder in Houston. But the Mexican government, rather than pay restitution to the Johnson family, is paying for the battery of defense lawyers representing this cold-blooded cop killer.
 3
 Amen.
 The gentleman from Illinois is recognized for one minute.
 Seven months, deadliest, April, troops dying.
 Legislation is the most innovative and comprehensive solution to the housing crisis yet.
 object to the vote on the grounds that a quorum is not present and make the point of order that a quorum is not present.
 we don't have to leave my home state of Ohio to find additional ways to increase domestic energy production.
 Speaker, as gas prices have once again hit record highs, congressional Democrats are urging President Bush to take action.
 Tell them California's time has expired for what
 It appears that plan was nothing more than election year politics.
 Speaker, before I came to Congress, I had an opportunity to serve my constituents in a different way. I was
 comes to energy, the GOP doesn't want to work with us. They simply want to say no.
 What time?
 than it's in common in places like, in need in places like Columbia.
 90% of that electricity is sold to the local electric utility.
 During my most recent visit to Prairie City School in the 8th grade class of Andy Demko, I was told by the school superintendent, Noel Cleaver, that only the county payments funds through the road department have kept the schools going.
 It's the President who won't work with us to get rid of the Enron loophole, which is enriching speculators and clobbering middle-class families.
 from Texas yields back his time for what?
 Madam Speaker, our economy cannot rebound unless we act now to give relief to millions of Americans in need.
 The motion is on agreeing to the speaker's approval of the journal.
 the leadership of this House refuses to even schedule it for a vote on the House floor.
 Madam Speaker, with no
 The illegal outlaw from Mexico, Juan Leonardo Quintero Perez, shot Officer Johnson four times in the back of the head after a routine traffic stop.
 May 1st, just last Thursday, was the fifth anniversary of the famous words, mission accomplished. What a tragedy, when April was the most deadliest month in Iraq that we have seen in a number of months.
 another the ability to remove obstacles.
 doesn't seem fair.
 I visited a waste energy facility in Lancaster County, Pennsylvania, and concluded once again, Lancaster County gets it right.
 like countrywide don't even show up when borrowers at the local level try to renegotiate their loans. Yet the Federal Reserve has been rewarding them by putting them on their list of select primary dealers. Fancy that.
 a hundred billion dollars over the last couple years. Much of it, our money.
 Thank you, Madam Speaker.
 my time.
 We live in a global market and many nations are competing for oil.
 They've got surplus they don't even know what to do with.
 same way your spirit, Lord, remaining absolutely simple in its integrity, apportions its grace upon each member of Congress.
 purposes, the gentleman from California rise.
 objection, the gentleman from Texas is recognized.
 time has expired. For what purpose is the gentleman from Iowa Rise? Without objection
 Americans continue to face higher costs for basic necessities. Millions of families have lost their homes due to the troubled real estate market. And 7 million more Americans are uninsured.
 The DNL tree service who was awarded the contract on January 26th has been unable to secure a performance bond for the contract.
 So again, the county and the city are positioned.
 still make changes.
 So if everyone had a chance to review that, entertain questions or comments.
 Any questions?
 I mean, I'm not sure. Yeah, absolutely.
 Maybe there are other people that have not asked for them because they don't need them.
 the county. And in some instances we engaged in services where other municipalities save money. I County
 So Mr. Kocher, do you want to speak to this? Yeah, and if I can, again, I think it's a very important committee, again, as Ms. King spoke.
 that's not on the agenda to bring to the committee. And that is Wednesday night. The board's own appeals will meet. And there are a couple of advertising companies that are seeking a variance.
 But I still think that the way it's written is just not necessarily a good thing for the residents of the city.
 Yep.
 Very good.
 Yes. Mr. Kojo.
 This is an old committee.
 And the UCC is the United Communications Center. Central dispatch for those of you who are trying to figure out what UCC is.
 We as the, really the only countywide municipality are in a good position to assist other municipalities when we can, to coordinate, to facilitate, to take part in.
 All in favor?
 Thank you. Thank you.
 Department's perspective and just our inability to keep up the ongoing maintenance and utilization of it over time has dropped dramatically.
 And I'm just hoping that we can move it forward and continue to work with the county and the school districts and other agencies through this commit.
 So they're doing that.
 The D clearly says after 96 hours, you can do something.
 And maybe we should make a recommendation that if they could hold it for two weeks until we get to see what may be presented that night, because otherwise it could be voted on that night, so we have no call on it whatsoever.
 I just think it's such an important topic that the few of us that were not able to make it, I would just like to give them a very brief overview, maybe perhaps talk about the timeline and where we go from there.
 Thank you to council for having me. Thank you Ed and Gary for initiating me coming down.
 This is a committee that still exists.
 is king. Present.
 Obviously it took a very long time to get the UCC up and running. It is now, so it's time to look again and to look forward into how we can continue to share services.
 I might ask that you give me the authority to designate a chair for the first appointment.
 Great.
 I can speak at the public hearing?
 Reach out.
 So we've gone to the next highest bidder. Correct.
 First is the Ancient Order of Hibernians.
 The next item on the agenda, I did not put in a committee.
 So I think, you know, my own feeling is I think I would like to see it reactivated.
 But in general, just going to park in your neighbor's driveway, not a nice thing to do, really may not give rise to the criminal activity where our police department would get involved, pay for the cost of the tow, instead of the homeowner doing it themselves.
 We've had several requests to actually close it.
 So Mr. Falcico is looking into that. He wasn't sure if that was something we could do because it would be kind of similar to what Albany did with the residential parking thing, but really quite different.
 I'll second, all in favor.
 MHA board to we limit them to two years everywhere. It's just a change of leadership a change of direction and
 Which makes sense because if you have people that don't know one another, how do you decide who chairs it? Yes, Ms. Portsfield.
 Okay.
 It's a typical sign with a local permit for Velski Boat Bistro.
 I can address that. We previously asked the council to award a bid for removal of some trees at the golf course.
 Second by Ms. Porterfield. All in favor?
 should take it out.
 So if you have to cycle out and be reappointed, then you would have to reappoint a chair, right? Does that cover it?
 Delivered 227 to 2015.
 That's coming up by June 1st.
 So again, Mr. Fullerman or Mr. Hughes?
 There's nothing else to come before this special city council meeting. I'll entertain a motion to adjourn. I'll make the motion.
 It says after 96 hours, the person can do something.
 end bringing this to the council's awareness because I believe that there are other billboard companies also putting up billboards that are adhering to the zoning regulations of removing two.
 that just make sense to really honestly look at things.
 I also don't think that we should apply something to one committee that doesn't apply to all committees.
 Just a final reason that Jennifer Lawrence is our Youth Build Director of the Year throughout the entire United States.
 Breakfast in the morning, Mr. Mayor. I think you're ready to get up.
 The abandoned extended parking
 Other questions or comments? Another thought too is whether to do a letter just saying that, you know, we, unless it's a really unusual request or special situation that they, you know, so in other words, we're not saying don't award it, but just make sure if you're awarding it, it's a really, you know, special reason or unique need or something to that effect.
 It wouldn't really have any effect either way. When this was written, there was another board, a multiple residence board, that already was in existence, so it's just handling the fact that there are people who are on that board who are going to be coming onto this one. This one, since it's been dormant, that clause wouldn't have any effect.
 Yes.
 the city of Sioux Falls. And
 We've had some mechanical contractors come and repair the boilers. However, from all accounts of purposes, they are on their last legs.
 Mr. Riggi? Here.
 I think this is Iranians as well as other Persians speaking community, Afghan, several things I can't pronounce.
 Obviously the big thing over the past year has been the UCC, which has been a tremendous success.
 I've worked on a few things we have with other members of the council as well.
 At this point, I would entertain a motion to approve the resolution to award the bid and contract for the golf course tree removal to Wicks Arborist.
 McCarthy.
 We have it. It's our home.
 And I think it's a crucial time in our city of growth that we need to be cognizant of what our city looks like, especially if we have a lot of electronic billboards going up. And we have these zoning changes or these zoning requirements in effect for a reason. I feel strongly that we don't want the city covered more than it already is.
 Thank you.
 also down where it says chairman, these are the only two things I saw. Chairman, can we limit the chairship to two years? There should be some limit to how long an individual can sit as a chair of a committee. We do it at all at MHA, it's two years. Here, as council presidents, two years.
 Chairman, if I could address that.
 Is there any way we can hold this for two more weeks just so we can review this? And again, because he might have some changes that he might want to include or take out of this, and then we have to have another public hearing? Or would we not have to have another public hearing? Because the public hearing is on what we're including in this document as it is, correct? Right, but that would be for Monday night's vote. It's calling for a public hearing. You're holding a public hearing. Two weeks after.
 The second.
 Any questions or comments? And I think, Ms. King, another important thing that came out of the meeting that we had was to engage the public as well.
 questions.
 I'll also forward Mr. Palacios our correspondence.
 In that case, then, I recommend we reactivate it.
 So I appreciate the President's concern and I just hope that we can move on with this committee forward.
 Alright, I'm going to quit.
 I just think recognizing the effort to put all of this together, a local man who teaches at Siena, I just think it would be nice to heighten awareness of his efforts and maybe bring additional people to the film festival.
 and I appreciate the support from the council on that resolution.
 This is ridiculous.
 A new resolution will be introduced at Monday night's committee meeting and needs to be acted upon at a special council meeting on the same night.
 I filled Denise's... But you aren't... We don't... We aren't... The same chair can be reappointed. Right. Yeah, we don't have anything written to the effect that it's gonna change every two years. Just things I can understand.
 I know we understand that, but it must be a city resident that's not in there.
 Is there anything else that needs to come before public service and utilities? I'd like to entertain a motion to close.
 Charlie
 It doesn't make, it doesn't have any effect, does it? It needs to be there.
 I'm just bringing up a suggestion
 So at this point I'll entertain a motion to recess city development and planning.
 Don Mute-Tavarin, delivered 227, 15, 11, 14.
 We had our meeting on the 17th. We're having another meeting coming up on the 10th, March 10th at 10 a.m. for supervisors and your designee to really come and first decide at what level of the plan are we going to go in together for June 1st, which has to be certified by the CEO and the CFY of each municipality.
 Thank you, Councilman Kosher, it's always a pleasure to meet with the City Council.
 Mr. Kosher.
 Why couldn't we just change the time frame? It doesn't say we can never do anything.
 In this particular case, there are electronic billboards.
 over 250 applicants that applied and Jennifer won the nationwide recognition as executive director of the year for youth bill.
 I'd like to call for the House Health and Recreation Committee.
 helps every single municipality.
 Yeah
 You can take it out if you'd like to.
 I will call to order government operations.
 The deed will be done. Right? Right. And you know, point being also that, and I respect Ms. Porterfield's point, but anyone can go for a variance, right? I mean, you can't, you know, anybody can go for a variance. So you have some, you know, other people that are putting up billboards that may not think they'd get the variance, but they're taking a chance on it. So, a good point.
 We have had the boilers checked for asbestos. We do have a little bit, but we'll be addressing that.
 Yeah
 If you don't mind.
 Connectivity alone is saving $249,000 for the year.
 Mr. Ferreri? Present.
 And it will run on Friday, March 20th, the 21st and 22nd. Screenable to 20 person films in all genres.
 The impetus this year is some changes in the Governor's proposed budget in the way that the property tax rebate would be administered and requiring communities to reach certain thresholds in terms of savings.
 and supporter field seconds it.
 there's no opposition that as I said I would like to reactivate it and we'll kind of see where we go with it.
 is there anything legally that they can change for that because it's a private property?
 So prior to the public hearing, you want us to, this hearing on Wednesday, you want us to, to draft a recommendation that they stick by that before we even hear what they have to say? Right. I feel like my thing is, you know, we have other companies coming in, they're adhering to these rules.
 Mr. Wall and I'll put about a discussion about the possible closing of pedestrian tunnel.
 questions, comments? Council had strong feelings the other way. I would first consider it. It was just an inquiry. No feelings about it. Okay. So if I could have a motion to call for public hearing. Thank you. I second. All in favor? Aye.
 are other standing committees, do we have limits on them? Well that's what I don't know and that's
 I'm a man. In respect of general to very customary was not here this evening again. I just received this myself.
 Chopped orange city clerk
 My phone is always open. If anybody has an idea or a comment or wants to talk to me, please give me a call. Thank you.
 property, right?
 Okay.
 And next we are going to call Mr. Wallen forward about the award, the bidding contract for the City Hall boiler replacement to Campito Plumbing and Heating.
 We're adjourned.
 We saw that at our last council meeting.
 I think that's a good point.
 Number two, the contractor needs to be ready to go as soon as possible.
 your turn.
 Move it in seconds.
 Hold breakfast
 Thank you.
 the meeting. Nikki Thomas at the meeting.
 I know the mayor always insists that we appoint folks who live in the city, but I think that whoever we're appointing must be a resident of the city of Schenectady.
 Emergency City Council meeting has been requested for Monday, March 2nd to accept the bid and award the contract for golf course tree removal.
 be able to count that every year under the governor's tax plan.
 That was easy.
 the public hearing. You might.
 does include the change that we had proposed of having a multi-unit property owner on there, and outlines the council as it would function for our discussion.
 Because it doesn't make sense if you can just park in somebody's driveway and say, hey, do something. It just doesn't make sense.
 I think as a professor of counsel, we say no before they even make their case. It just doesn't seem like it's very fair to make that decision before they've made their case.
 And we're really just here at Chair Kosher's request tonight to start a dialogue.
 with all the incentives that are out there and regulations regarding the governor's budget and the tax cap and so on. And with my previous experience as a county legislator and chairing the Shared Services Committee with Schenectady County, I just think it's a very important committee that we reestablish and bring it back to light because
 have four council members that want to see a change at least. And I may need more support than that if we get to a place of, you know, legal good standing and a good solution for all without with it being trackable and all of that. So we're still working on it. Stay tuned. I'm happy to receive any input from anyone else on this as we go forward.
 quickly and be agreeable to us asking them to hold the decision here.
 they are putting up new billboards and wish to not adhere by the zoning requirement of removing two existing billboards before they put up the one billboard.
 So chair instead of chairman, and he slash she, that kind of thing.
 But again, working together, I think it's an important piece as well.
 that Mr. Frye, second by Ms. Porterfield. All in favor? Aye.
 Thank you.
 So
 appreciate it and we look forward to our continued work in relationship with the county.
 the county. We have engaged in shared services arrangements that have saved the county money and
 I understand what you're saying, but I just think this is a very important committee that it's a stand-alone committee. There's just so many opportunities that we have out there that we need to work on. And again, I just think it's something that we really have to have a separate committee for.
 That would be my preference, to hear what people have to say, as opposed to, because we're offering the opportunity to hear. If you need a variance, come and ask us for it.
 just by going back and forth.
 I think we should take a look at it because
 Mr.. Rady can the CBA vote on that that night to allow the variance absolutely so that
 So again, as Ms. King had said, there was a few of us that came to the, went to the forum that was held by the county.
 I chair the county level committee on intergovernmental cooperation. Just as Gary mentioned, the
 It was active for many years.
 Mister Crosier.
 So what's next is the big question.
 I think like you mentioned earlier, if a person is on there for a two year term, has to be reappointed, then I would think yes, you also would have to. That would be the opportunity to make a change in leadership if one was needed.
 Yes, move forward.
 Okay.
 I think this is probably good to go.
 Secretary Cohen and I have had some conversation about reinstituting the Intergovernmental Relations Committee.
 they're not able to meet the terms and conditions of the bid package.
 We have a number of ceremonial resolutions.
 The tunnel now is not in the best of shape. It becomes subject to ongoing vandalism where there's been lights there in the entranceways.
 Does it make sense to make it part of the existing government ops committee? That's certainly a possibility, but I guess my thinking is more calling it intergovernmental really to me addresses very specifically what we're trying to do here.
 So in those cases, the police would be obligated to go there and remove the vehicle because we have the obligation as a municipality to remove abandoned vehicles.
 Well, Peggy's at her second.
 But it would still allow people who live there to park for more than 48 hours.
 Anything else to come before our government operation? I'll ask for a motion to adjourn.
 Also, if you can do operate 96 J Street, which is across the street on the corner of J and Liberty.
 The bidder that the city had attempted to award the contract to was unable to obtain a bid bond with sufficient credibility for the city.
 we were, we, according to the reconstitute environmental, or the energy advisory board, reappointed that. And if you were questioning kind of, they're supposed to elect their chair on their own, or who's going to be the chair. And so that board is kind of languished. So that they're not looking to take any more of the board, but we put some organizational structure and responsibility in as we're looking to ramp it up and get it started initially.
 Vincent Riggi, delivered 2-27-2015, 11-14-8.
 I have no issues with it.
 Marian Porterfield, delivered to 2715, 1114 AM.
 I believe somewhere around May, May 15th, you know, we'll need to know from the city, from the towns, from the villages, what extent we will be coming together for a joint plan. But
 function
 We've done it here at the city council, though.
 Okay.
 Bye.
 I'm not sure that why.
 And after discussion or questions, if we agree as a council, I would like to consider that we draft a memo to the Board of Zoning Appeals asking them to please stand by our zoning in that if these companies want to put up a billboard that they remove two others.
 I think both the city and Schenectady County have been very good partners for a number of years.
 The next question is, what is the most important thing that you have learned in the past year?
 Okay, move by Ms. Porterfield.
 I'm gonna go.
 So I'm going to go ahead and sign off.
 But anyway, I'll entertain a motion to approve that.
 We have a youth build program here every week and every month, but it's a great honor.
 For you.
 that's the case we need to take a look at all the communities and what the length of the care.
 I've ordered a special city council meeting for this evening, if the clerk would call the roll.
 The second one is the ceremonial resolution for the Persian Film Festival.
 We've had a consultant come evaluate the boilers.
 Rory is the chair of the shared services and government cooperation with Skunky County and
 matter who gets to tow the car.
 this court.
 I just think having a public hearing is a really good way to get people aware that we're talking about this and get their input.
 Okay.
 Legislator Fluman resides in Scotia and represents District 3, which is Scotia, Glenville, and Niskayuna, and chairs the county's Intergovernmental Cooperation Committee.
 Opposed? Okay, motion is carried. So there
 recipient, Ed Kocher, delivered 227, 2015.
 And I perhaps have something we can work on with the mayor in the future is to have some public meetings regarding shared services and cooperation to get some input from our neighbors, from our communities.
 One who's going to receive this is the RIA WICS. Is that who it is? That's who it is?
 Bye bye.
 So unless there's any questions or comments on that, we'll just move along. Excellent.
 One more thing.
 the term of office limit is two years.
 Thank you, Sarah.
 India, Pakistan, but
 So and I know several of us attended the meeting that the county held and Mr. Hughes is here. Mr. Fuhman is here to talk a little bit about that.
 Mambos exited through that tunnel. It's been a problem for a long time.
 I'd like to entertain a motion to move this.
 I think doing something like that just kind of sends a message to the board. I think that we should just wait to hear because that kind of whether it's intention, whatever the letter says, the fact that it comes from the council, it kind of, you know, sends a message.
 Yes, that's fine.
 So we expect a lot of folks here for that.
 All right.
 That's what I'm saying.
 questions.
 As long as Councilman Moten-Vernon will be able to insert whatever comments that he has wanted and concerns that he had regarding this legislation, I think it will be fine.
 the city. And I just got this this afternoon. So with the changes. So we'll move in a cyber. Just a couple of other things. I think we really to add in
 The awarding of a new contract is time sensitive for the listed reasons.
 So really what we're talking about is just looking forward.
 and Women's History Month, Ms. Porterfield.
 I'll entertain a motion to approve this. Okay, Ms. Porterfield, second by Mr. Ferrari. All in favor?
 Thank you, curator.
 And I would just like to make sure that we as a city council have a seat at that table and we can continue to work with the county, local businesses, including the school districts and municipal housing authority as well, which is another entity that we want to make sure we bring into this.
 Yes.
 This group feels that they need it for whatever the business.
 Other questions or comments? Now, the next step is to call for a public hearing on this.
 I'll take care of getting the information and putting that together. Okay.
 And they want to be able to run it off course while the frost is still in the ground so it minimizes the potential for any damage for moving the trucks across the fairways or anything.
 There's a tunnel that runs under IE, IE to go to the last three-wheel crint and grout park.
 But some of the same legal, like, okay, well, if you reside in this neighborhood kind of thing.
 we're acting as a single person. So I think the discussion was to act as a council, and that's only if everybody's in agreement, right? So let me, I'll work with
 Any thoughts? Yeah, please.
 I'm going to pass this around. The letter we sent to Governor Cuomo at the event of his father, we've all seen the letter we got, but this was also the program from the service.
 the staff is making a recommendation that we probably should close it.
 original estimate but higher than what we were going to go with.
 Again, that was a long time coming.
 with the governor's initiatives, we are all well positioned for the upcoming June 1st deadline of having a 1% proof of a shared services plan on your total budget. I believe for you folks that's going to be about $330,000 or $330,000 approving in years 17, 18, and 19 how you're going to take 1% off your budget through shared services.
 And now with I think everything going on in terms of the governor's expectations of, you know, that we're going to be looking at consolidation and all of that, Mr. Kocher thought it would be appropriate to maybe get it moving active again.
 Mr. Porterfield? Here.
 believe that the bid is in good standing and that we would like to move forward with this as soon as possible.
 So my recommendation is that be a lot fewer hours.
 Next question.
 Then should that be changed to the name it's going to be? Right.
 There was an email sent around with proposed changes, as discussed in prior council meetings.
 I sent a couple of scenarios to Mr. Palatico this week, one of which was, what if we change it to read, you know, if the car is impeding entry or egress, that it be decided by the chief of police, that the car can be removed, or hardship. And Mr. Palatico didn't like the word hardship. He wanted more of a definition of hardship.
 any further discussion on the Brandywine and State Street project and zoning changes? We had the public hearing. We had two people speak in favor.
 Okay.
 And if the clerk would also read the notice of the meeting and proof of service.
 County itself wasn't a dispatcher.
 the other.
 I understand about the name, but what I'm saying is could we make it government slash intergovernmental? Is it so different in terms of the government operations that it doesn't make sense to have it all one? Is it that different? That's really basically the question I'm asking.
 is nearly double what the other bid was.
 Thank you very much.
 You see?
 The first item on the agenda for the golf course pre-roll, Mr. Morales.
 This is really a question, so are you just asking when the board initially right just in this get started? You know should the council move ahead with this we're going to discuss the names make the appointment of designee somebody's the chair for that initial One year to your term whatever the council on it and then revert back to the prerogative board Yeah
 My second suggestion was still the entry or egress, but then, or if a resident didn't live within 200 feet of the vehicle. Because what I thought in this case, the owner of the car didn't reside within 200 feet of the vehicle.
 And I'll get it out to everybody before we actually formally send it to the chair also. So that everybody's in agreement if we're acting as one voice.
 to make them shorter.
 I got you.
 can do that but then we're not acting as a council.
 All in favor?
 All in favor? Aye.
 time period contractors must honor their pricing is expiring.
 prior to the UCC coming into formation, it's really, you know, the talks started 6, 8, you talk to some people up to 15 years ago that those talks were started.
 With that, I'd like to introduce my friend and colleague from Scotia, Murray Fulman.
 there is so many great things happening here in the city and the county.
 All right.
 It was some private property.
 I'd like to be able to hear those reasons.
 Well, as we all know, it's March, it's Women's History Month, so I just thought it was important that we recognize that and have a ceremonial resolution for that.
 And so I'm asking the council now to go back to the list of bidders. We will go to the second lowest bidder. And I appreciate the council's consideration of a special meeting, because this is somewhat time sensitive. While it may be hard to imagine today, the frost will eventually go out of the ground.
 So, yes.
 This tunnel is owned by the state of New York.
 So still working on it, not willing to give up on it.
 And if anything, I'll ask Mr. Streichman if this is time sensitive in any way. And if we draft anything, it will be a memo simply asking them to hold their decision until we can review the circumstances.
 second all in favor? Aye.
 So DOT had requested that if we were going to close it, that we have a public hearing and just get people's input on it.
 to proposed committee members for the committee? Not at this point, but we will be looking, assuming we do reactivate it. And we will definitely look at that.
 Any other questions? I'll entertain a motion.
 Any other questions of the gentleman? Again, thank you very, very much for coming.
 Mr. Barrazo.
 the city and the county have a long history of many successes with shared services, whether it's the sales tax agreement, the salt shed, different services being able to be traded back and forth. And we've already have a proven track record of saving money.
 when inactive a number of years ago.
 definitely I'd like to talk more about that.
 So if they could hold it for two weeks instead of ranting at that night to hear from us.
 We did put out a spec, have the boiler replaced, and it was awarded some Campito plumbing.
 So I'll turn to my colleagues in the next couple of weeks to see if we can get that nailed down.
 I had another gentleman come up who owns property right in that area, come up to me after the meeting and say he's very enthusiastic about it.
 16.3 for terms of office where it talks about the members currently serving on the municipal residence board. Multiple residence board, what is that? That's this board which would, the old title which we're looking to reconstitute.
 And next up, how's the standard review board?
 Notice of meeting dated Friday, February 27th to the council.
 We weren't really in the business of having a dispatch center, but guess what? It's revenue neutral for us.
 No, we're going to do the committee, then we're going to go right to the council meeting.
 If I may, the government operation is really concerning the city services for the most part.
 The agreement is it's maintained by the city of Schenectady.
 we're still comfortable with that Gary? It is under our original estimates. But it is again, the first one was
 the next meeting.
 I would like, I'm comfortable with that, but I would like it at a year, because after a year the board will know each other enough, and if they feel there's a change in leadership, it should be their prerogative to be able to change it, you know, before a two-year term. Anyone else? My only other comment, and I'll pass this on, is to make, when we're doing things like this, to make sure it's gender neutral.
 And a revocable permit for Belcebo Bistro.
 Health and Recreation Committee.
 So that somebody could still park on the street for 48 hours legally without any issue. It would address the issue that Mr. Raby brought up of garages parking their cars that had been fixed and waiting for the owners to pick them up on residential streets and hindering other people from parking there.
 Okay.
 Maggie King delivered 227.15, 11.14 a.m.
 If not, that's okay too, because again, the second purpose of this meeting is looking forward again. What can we do next to share these services? Obviously, between group purchasing or looking at public works or whatever we are doing, how can we save? How can we go forward in the future and work together? So again, I appreciate everybody having me. Gary, thanks for having me. Ed, thanks for having me.
 It's a restaurant that's relocating from J Street, looking to put a sign on the existing overhang, as shown in the renderings.
 And last is 126 Robinson Street, but I see that we're going to be holding that for executive session.
 So moved.
 In terms of membership it does I mean it states who but will any city staff be a part of this board I'm not looking to appoint any city staff
 I don't know if that's good or bad. I'm just... Because if someone's doing a job that everybody's appreciating, you know, why wouldn't you reappoint someone that is... The leadership works. Exactly.
 on that tomorrow and we'll talk about it. If there's something that I'm missing that we can do something with, we'll definitely go in that direction. And from my review of it, if somebody's parking it, like if they abandon the car on somebody else's property, and it meets the legal definition of an abandoned vehicle, that's actually a misdemeanor.
 So I'm open to questions and comments on that.
 All in favor? Aye.
 We won't take much of your time tonight, but as prologue, we're all aware that there is increasing pressure on municipalities to reduce their operating costs by finding ways to share services, by finding ways to consolidate
 Second by Ms. Porterfield. All in favor? Aye. All right.
 All in favor?
 We could weigh in that way, otherwise we can't weigh in.
 Second. All in favor? Aye.
 And I would love to hear from you.
 And the third ceremonial resolution is for Jennifer Lawrence, the Northeast Parent and Child.
 Saturday, if anybody's interested.
 Mr. Bukmu, DeBaron, excused.
 My name's not on the agenda. The film festival is to mark the spring equinox in Persian New Year.
 And Gary, of course, is the county legislator representing District 2.
 As you may or may not be aware, the boilers at City Hall are outdated and in a state of disrepair.
 And Groton Park was, in fact, a middle school and city school district. There's probably more traffic there that no longer exists. And so asking the council to consider holding a public hearing to just allow people to comment one way or the other. If they want to have it open, then we can review that. Or if they want to close it, we close it in some way that would be acceptable to DOD.
 Well, now, the way it's currently written in D is after 96 hours you can do something.
 Well, I think that there's a reason that we have variances and we allow people to come and make their case. So I personally would say we should hear what their case is and what their reasoning is before we would recommend, make that recommendation.
 I believe we're both in very good shape in that area. I know the county is, and I believe the city is as well. But there are opportunities out there that we can and should explore.
 discussion? If not, all in favor, signify by saying aye. Aye.
 Is there anything else coming for health and recreation? If not, I'll entertain a motion to adjourn.
 So the
 John Ferrari, delivered 2-27-15, 11-14 a.m.
 Because again, it's not just the folks sitting at this table that really have the good ideas. Sometimes it's the folks that are in the neighborhoods that really can lead us in the right direction on the project, particular savings.
 Okay.
 That's why we're in discussion here, so that's why I was just asking.
 call to order public service and utilities.
 I also brought up the logisticality of D, the issue of people parking in the driveway.
 Thank you.
 I think this is a really wonderful effort in light of what a diverse community that we live in.
 for years that's why I think that building got burned in Trout Park.
 If we can, we can have them both come up.
 All in favor?
 I think we should just kind of be hands off until we hear whatever it is that they're asking for.
 So I think it's certainly a wonderful honor. And it's always good to have her back with her students and staff.
 introduces it and take a vote.
 I don't see why that shouldn't continue.
 Hopefully it's sometime first week in November, hopefully.
 Oh.
 No vacancy
 is a great idea and we're going to start on. We have scheduled for November. Philip Morris from Proctors has agreed to come in and be the first presentation.
 So would you like us to officially change that? At this point, it's the priority of the council. It's up to Ray to determine who's going to say it.
 moved.
 parking
 I would just recommend we do that.
 to ask questions.
 Okay. Same.
 one or two, what would be the rate that would, the procedure to change the rate? If we wanted to change the rate, would the mayor have said we want to change it quickly? Or would it be a resolution or a council? So what we're talking, what's on the table right now is that the council is sending it.
 the.
 entertain a motion to recess.
 the budget.
 I think it was 2007, if I remember right.
 So that's what's in the intent, but when you get into the actual language there, there's no mechanism by how you do this or anything that says, sets guidelines.
 You hear that?
 actually handling all the bypass pumping.
 saying, hey, we'll
 put an escalator in there.
 going forward for regular parking and a limit to be set at this amount for special events.
 I'll be back.
 I went out to the site and examined where the awning currently is, if you see.
 All those in favor?
 We usually get 12 or 13 storms that we have to go out.
 because that's at the highest rate that I've ever paid anywhere in the city.
 So we just thought it would be nice to recognize him with a ceremonial resolution.
 questions or comments? Not. I'll entertain a motion.
 Okay.
 we get more of the pay stations in place, our ability to just program in-house would evolve with those.
 have been great. So as the chair of the government operations committee mayor can I ask that you put a proposal together of what you would like to see happen with the parking and we'll get it ready for council. We've gone back and forth a couple times, you know, the hearing, the decision of the council.
 That's my next question.
 would like the opportunity to be able to hire more women and minorities. If you
 there, we're getting higher turnover, and again, trying to create a user-friendly atmosphere.
 I will second.
 And it's wonderful, I'd love to move that.
 intensity or is it just the light?
 Presentations would feature locally based leaders in corporation industry, area business districts, healthcare, education, and non-profits.
 to shoot the side of the court of the house, man.
 We always
 criteria and then we go down the road and modify it based on new data.
 Mental health and recreation, breast cancer awareness month.
 Take a motion.
 So we're fortunate that we have a bidder that has that capability.
 Okay.
 The Woodlawn Preserve Committee came up to me and said, you know, it would be great if we could get that money. And I said, well, we happily will give you that money.
 I'm not sure there's money left, Ms.
 Call for a public hearing regarding a zoning change
 This is the recommendation of the League of Women Voters.
 Yeah, I agree with you.
 I mean I think just in the conversation here I'm hearing like maybe $10 limit for special events and $1.50 for the meters and
 trying everything to try to minimize the claim that exists in your raw
 So not that this should stop the council if you wanted to do something other than this, but the grant has been exhausted.
 I'm so glad you're here.
 All right, I'm going to call the Board of City Development and Planning Committee.
 personally i think you know it's not actively in a million dollars and a half oh my goodness you know it's been different with our new parking system right but my personal opinion is that twenty five
 did. The 600,000.
 I think we always want the department leaders and the mayor to come to us and say this is what we propose and this is why. Not necessarily that we want to make it up from scratch.
 not completely solve the issue of flooding on Weber Street or the San
 Mars.
 Higher. Okay.
 One of the discussions was about getting the, what was the.
 afford to close that section of Weaver Street for an extended period of time without really hurting anyone.
 to be able to do two different situations. One is for events and one is for regular non-event days.
 Yeah.
 was 20.
 So do we want to handle both of them? Do we want to address both in tonight? Regular parking days and then special length parking rates? What are we going to do with the existing meters right now? Are you talking about setting all of the meters that way?
 I lost track of the team.
 That culvert runs underneath the railroad down on Big Eyesling Avenue.
 Oh
 all of Kings Road across from the Trilongo development, the Serafini development, and the McPartland senior housing.
 which isn't much of a new convenience.
 that was supposed to imply was that you didn't have to come in twice. You could
 Okay, Italian American heritage month, Mr. Riggs.
 takes about four to six weeks to get the precast material for the sections of call or BV.
 We're talking about these kiosks.
 that came up before was something that Bruce Dueschreit and I had talked about.
 The advantage of the river street is it's only an 8 foot 9 inch overpass.
 So someone just needs to roll down a number.
 And also Friendship Baptist Church sent a letter, I believe they're having their 74th anniversary, and they want a ceremony and a resolution, but to be given at the church, not at the city council meeting.
 Yep, everything is generally the exact same size.
 anything I don't know
 We do two weeks, I'll make sure.
 He's back in Saudi Arabia, but he's coming home tomorrow for a week.
 A dollar an hour? A dollar?
 That's the first piece.
 I now feel very powerful and
 So we are talking about premium parking space on State Street.
 up those stormwater leads in front of 795 and 845 Broadway.
 We're putting enough flexibility into that specific rate where we can find the balance. The new meters will allow us to zone the city a little bit easier.
 downtown
 I'll
 Unfortunately, it's that time of year.
 We've already cripped that.
 Yes.
 Mr. Riggi, did you want to make a comment?
 So it sounds like we are looking at a maximum rate per hour on non-special event time.
 match our systems together as well.
 So if we set a maximum rate, why would we have to have a different rate for special events? I mean, it would be that it would be at your discretion to adjust the meters, whether it was an event or not an event or everyday parking. If we set the maximum... If you set it at $1.25 an hour and we decide we want to charge in the evening where it's now free parking, we want to charge for an event or on a Saturday or something else,
 Mr. Wiebel, recover.
 anything else come before health and recreation?
 Is there a specific area that you're talking about right now? Is there a specific area that has to be developed? Well, this one here, I mean it came to light because of the R3 district, which is the area around Waibupee Towers on Cambridge, over by the stadium golf course.
 I'm going to try to get a better look at the steps now.
 So there are two different scenarios we have. With special events, there are clearly times where the rate is probably going to be higher.
 That's good.
 All those in favor? Aye. Excellent.
 will not completely solve that issue.
 Okay.
 I
 right now but going without
 easily bypass that.
 I mean, if they weren't, did we always anticipate that being tied in? No. We saved a bunch of money by having them do the bypass. No.
 Now I will entertain a motion to recess city development planning.
 We need to find out the exact amount of that line item.
 whatever those numbers are, I guess we'd have to figure that out.
 So,
 So...
 Not every time, but there's no guarantee.
 I think the existing meters will just leave as is, as we phase them out and put the pay stations in to adapt to new flexibility. Are there pay stations in already? No. Okay, when do we
 We had a balance hanging out there but that was probably based on the $30,000.
 Mr.
 Again with the 2008 ordinance, the special permit changed from the zoning board to the planning commission and language was put in there that basically says in any case where a special use permit is required, no separate site plan review shall be required. What that
 fire department. With their pink shirts and also from their foundation to accept.
 Any other questions? Okay, I'll entertain a motion.
 similar to the work that we did on that scenario.
 in the amount of time that you want in your credit card.
 So
 Okay.
 I've changed it five times a day.
 club. It would be similar to Edison Avenue where we had to close the road.
 Do we want to limit it to only two chairs? What if there's a third situation?
 something to explain. I know that Mr. Erickson was just looking for maybe some more specific costs associated with the closing of the streets so we can make sure that proposed fee is in line. We're looking at keeping it somewhere around $200 or so in line to make sure that we are at least covering our costs. And then the park
 questions?
 If anybody has questions on that before I get to the second piece.
 Excellent.
 wait for Denise to just get started. Michael will be home tomorrow. Actually
 What is our current highest area?
 want clear passage of that water into the culvert.
 that particular zone is where we're seeing a lot of low-term. In other areas, we're going to be able to probably keep the rate from that.
 And keep in mind that the parking garage for that night is always open.
 We issued a bid specification again this year for assistance from private contractors with our snowfall. Covered construction was not only the lowest bidder but the only bidder. And the rates I believe are the same as last year.
 within the guidelines, but this also allows for higher development than R3.
 you
 And I'll see you in a minute.
 We have budgeted for it. We had $660,000.
 $1.50 that takes it up 50 cents more than what we're currently charging.
 sure the dollar 25 wouldn't.
 Okay, so.
 And we are taking advantage of the fact that National Grid will be providing a bypass pumping of that credit, which is significant. That's a lot, a lot of money.
 The legislative request for me had a funding for the Weaver Street project. The recommendation is to award the contract to Carver Construction. It go out to bid. We had three responsible bidders respond. Carver Construction was the lowest responsible bid of $755,990 to replace
 I'll open it.
 multiple there are many multiple family zoning areas in Netherlands village, Netherlands Sheridan village area. There's
 This is going to be her conversation with this particular contractor.
 and nobody knows what price you want to set until you have some experience that you should probably set it a little bit higher than it's a maximum rate.
 Takes 46 minutes.
 Okay.
 at this point in time, the council's address has been setting an upper limit for what the parking meter rates could be, either set by the mayor or his deputy.
 It would be a good chance to show off some of the positive things that are happening and highlight some of the good stuff.
 I forget which the other one was. Between the police chief and the finance chief, even though the legislation was worded so it would be me or my designee, that seemed to generate a level of controversy, just the nature of doing business here.
 have you thought in terms of what you would recommend as a range?
 All in favor? Aye. Okay. The next two items deal with the alcohol waivers that we've had a public hearing about that and just needed to get it back on the agenda.
 So.
 Yeah.
 This was a budget that was done a couple years ago.
 Mr. Wallen.
 to be ordered.
 I just wanted to put it in there for you to review because it is technically money that's earmarked for the Woodlawn Preserve and the committee has been doing a tremendous amount of work.
 with the planning commission about it and they made a recommendation that basically and the other thing to say is that the R3 district which is supposed to be a higher density the density is the same density as what's allowed in the two-family district. Okay so basically the proposal that the planning commission would like to do is keep the residential density at 2250 per dwelling unit the same as the two-family but also allow it to go for lots that are larger than a half acre up to one unit
 somebody else do it if we want the mayor to do it if that's more efficient as long as we set the limit.
 $10 flat fee
 years now. We have an advantage of doing it this year because National Group is doing their portion of the culvert in their property up to River Street. So they're
 just under 600,000 for today's prices 60
 because right now we don't have a combination for special effects.
 This averages across eight years.
 were existing, however they will be new now due to the building's name change and ownership change.
 Okay, second.
 favor?
 call for a public hearing.
 my thought is you know we can do it this way to have kind of a two-tiered rate one is the general rates right any day of the week you want to go down there we should set a limit of like you said $1.25 whatever our current downtown premium rates are maybe a
 So I
 the ability to be able to charge up to $10 and at this rate it wouldn't get you there.
 The good part is that we can close the project.
 Second?
 Right now, we set up where the vendor would have to program. We're looking to have them put in place.
 So that means they're doing things.
 like I said the time you sit down discuss that with either here's HR people but he did offer that to marry him quite some time ago.
 Okay.
 The presentations would take place at the beginning of the City Council meeting once a month and last about 10 minutes or so.
 I personally think it should be the mayor, the council.
 second that.
 They can do that. They can do it.
 national grid doing the bypassing of brick and all that kind of stuff? No, they're under a consent order to box that brick in on their property because of the contamination on the property.
 I just think that this whole conversation started with this request we had the public hearing.
 This is an annual resolution we do.
 I'm Miss Carraso, all on paper.
 we have another topic but it's going to be coming under health and wellness. So Ms. Peraza. >>:OK. If you remember, we...this city is holding some grant monies that belong to the Woodlawn Preserve and the Woodlawn Preserve plan, strategic plan and things of that nature. And
 What good news is, we're only here a few desk days this year, like three.
 So
 Did you know if I was looking into that? Did you? Yes.
 Thank you.
 Thanks to all the requests.
 I mean
 There's also a restriction currently that runs through the culvert of a sanitary main, which is a 36-inch sanitary main. In addition to the replacement of the culvert, a sunken basin was put in for the sanitary so we could make more room in the culvert for the flow of water.
 what would you like to partner with me today? So my opinion is we set the maximum because it is a function as council and then allow the mayor or his designee as he sees fit as the business person overseeing the city to change the rate within that structure.
 if we say money.
 I for one feel like the council certainly isn't, you know, our specialty is not parking breaks, right? But our specialty is oversight so that we make sure everything's fair.
 Is there any other discussion? Does that 125 comedy do for MS? Because I know there was a concern with the special needs.
 bang bang bang bang bang
 that might be true
 And the only one item on the agenda is the...
 that way the resident and community people that were coming here are assured that we're not going to jack up the rates to three bucks a minute or something ridiculous because hey, we got up to five. So maybe
 Yeah.
 I appreciate you bringing this to us a little bit earlier than we were, like, snow is right on.
 Oh
 are you know much destruction that's my next question
 the rack.
 I think the mayor would have the ability to make adjustments as needed, right? That's the job. I don't know.
 Thank you very much.
 There was talk of doing residential, right?
 say.
 In fact, Gary, you and I saw that pipe in Indiana one night. You can only just get so much water through there, which does cause it to back up. These improvements will help. They will
 This is just for regular parking for the group, for business.
 I have a question.
 Three months.
 Is this in the capital budget? Is this a capital budget project?
 the amount you're getting could be you're getting 15 right again the first phase these have to be programmed
 come in at the same meeting, but what it implies is if you come in for a special use permit, you don't need to come in for site plan review.
 Yeah.
 People have to take us in Amador than Weaver Street to cut over to G.
 and then a special evaporator
 We had originally talked about setting a maximum and letting the parking people use their professional discretion as to anything up to that maximum.
 is what we're talking about before. The situation is kind of different.
 second. All in favor.
 The council would set the maximum rate and then the mayor could use his discretion up to that maximum rate.
 in from the one side for the transportation and local traffic on the other there's only
 We have leads that go into that crick that are silted in and we can't do the maintenance at the end of our outfalls, the end of our pipes.
 people coming in, it's not meant for people to just be communicators. So you have to find that balance.
 I'll stop.
 We'll probably get out of here in plenty of time.
 when you're putting five quarters in and you're watching it chink up 12 minutes, you know?
 I'm sorry.
 know enough about them that they have post offices. I don't know. I can't answer that. It might be for you.
 until it would set the maximum.
 Okay.
 have an update, Mr. Palacico, on her? You were going to go a bit more specific, on the Central Park Pavilion, Alcoa Window, and also the closing the streets off. We've already been blindsided. I thought you saw that on the agenda.
 for higher development than our grade.
 favor. Aye. Okay, domestic violence awareness month, Ms. Kaye.
 call to order government operations.
 that this would be, this would impact the larger areas.
 And we're working on finalizing plans to have Transfinder come in and speak to City Council in December. So, run for a bit. Okay, I just wanted this for information purposes. Good.
 you have to do something or we're going to have meters that are programmed with the existing rates. Then we're going to have to turn around and have them reprogrammed for something different.
 Okay.
 And we are looking for special event rates of $10 for a flat fee.
 it is the if there's ever a time to do it
 Okay, call to order public service and utilities. A couple of contracts. Mr. Olson, Mr. LaFont.
 The presentations would focus on the industry or businesses generated revenue, the number of jobs the business or corporation creates or offers here in the local area, the innovation and production that's taking place, along with the review of the business's history and future planning.
 And...
 we're talking about right now.
 Thank you.
 we're going to revisit this with Mr. Wild as we go forward. Well, I mean, you're going to come and we're going to get feedback. Yes, Mr. French. I mean, I know everybody wants to keep it low, but the maximum rate is $1.25 right now.
 That's already been passed.
 So it's gone with $1.25 an hour and then special event $10.
 is this going to start with this project? Hopefully first part of November.
 people picked it up but we didn't get any additional bids.
 Have you?
 I will move it.
 we did anticipate them putting their culvert in when Paul Cassillo originally set the budget but that was some time ago
 it's our job.
 I'm okay with it because we do have all of our labs, our labs are charging. The premium ones, in-state treaters, premium parking.
 You don't have to do any bypass pumping.
 It's hard to expand it.
 wanted to go to a higher density than we are in three, but all they could do was the same that was allowed in a two-family district.
 Oh
 Anything to come before public service and utilities?
 Sure.
 contract we usually activate our private on average about five times a year.
 Here there is lighting already installed and
 Okay.
 came in and then we also did the engineering came out of that budget which was not allocated for in the original budget.
 I said it before that.
 don't get a lot of traffic through there.
 you're talking about off-hour events. It's the total utilization of the meter so if we want to do an event evening or sometime when there's multiple things happening, I think some places are getting about $10 for off-street parking.
 take four or five weeks.
 And then the 108 Brandywine, we'll hold that for executive session.
 like in the theater district right around Capitol Rap it's $1.25 for an hour
 you had asked for that yes we just recently got an email that was just me see which is one of the founding partners of synthesis with the retiree after many years of service in the community and you know also commitment to the community and
 Thanks, Faith.
 and the Aussie house decision making decision.
 Motion to adjourn.
 I know that this contractor has offered to have a
 we phase those stations across the downtown we will better be able to see some of those points that Dwan was talking about where people are staying
 Um...
 This is a revocable permit for the Thai Thai Bistro, formerly the Bangkok Bistro in the corner of Erie and State.
 you to please provide us with some documentation as to what points have been used for, what was going on at the reserve, that kind of thing. Not just saying, well, here you go, this is for draft. So in your packet is a tremendous amount of documentation as to what they've accomplished, along with receipts and
 We're holding this for two weeks then? Three weeks. Okay.
 that if we do get a big storm or when we get a big storm similar to that we had about 12 years ago we have the opportunity to be able to mobilize equipment very quickly to remove snow from city streets which is really important.
 The word was that occupancy rate, but you wanted a certain vacancy rate. And you don't want the downtown in front of the property at that vacancy rate.
 We're going to just piggyback on that bypass pumping and do our job.
 And then we said, hey, let's, instead of changing it every other moment to, you know, as we try to figure things out, we said, hey, let's do a limit. And so at this point, short of what it's set at today, we need somebody from the administration to say, we suggest the limit to be set at this number.
 And again, we can go back and revisit this as we get more data.
 forward.
 that it seems like the special event issue is something different, correct? So do we need to take a vote on this and then put a special event on for two weeks? Is it something we want to talk about tonight and put legislation together for? I would prefer the council make a recommendation for legislation so that we can put those offer limits into place and go forward. Again,
 the mayor is going to designate someone who has the ability to set it in a proper manner. He's not going to say, you know, hey.
 item on the agenda is entitled Schenectady's Economic Strengths and this was the brainchild of our deputy clerk, Chad Putman, and I'm
 And this city actually on behalf along with supporting Woodlawn dispersed $29,500 already using some of its own funds.
 The R3 district, which is multiple family district, basically, and you can see in what I handed out, it's intended to accommodate new and existing residential development at a moderately higher density. And it's intended to permit, subject to a special permit, higher density residential development when we
 So it's an opportunity to bring in a lot of the great economic strengths that we have and have them do a quick presentation at the beginning of the City Council meeting over the next 12 months.
 The other thing in conversation with the mayor, he said rather than designating him or his designee, that he would, correct me if I'm wrong, that you would like finance commissioner and
 All in favor? Aye. Adjourned.
 the parking limitations I was going to have to be saying from April morning until 6 at
 I've been in the works for about two years now.
 So I think what I'm hearing is that we're looking to pass a resolution that maximizes the parking rate at $1.25 an hour.
 That would be my next move.
 We got to get shop drawings in, shop drawings turned around and approved.
 I just wanted to remind you that we'll go on to 15.
 put this on VidNet and we had a couple of people, we had like seven people view it, a couple
 If you just tell us what you were thinking for an upper limit, you could rewrite the legislation.
 I will entertain a motion to approve that.
 what is behind the other the service line down the end
 Please move on this project.
 this is the methodology that they chose and negotiated with the EC for their consent to work.
 The mayor of the town should be doing it right now.
 Thanks, Jill.
 So I wanted to put forth the council consideration to reimburse the committee for your work.
 for larger lots and I should also state at the same time this came to light when there was a proposal to redevelop the lot across from Home Depot on Cambridge.
 looks kind of kind of bad right now because it's not covered by that so this is to replace it like you see in the rendering with a a new front awning and then a new sign on the Erie Boulevard side where there originally was a sign that said the previous business
 Okay, and actually, the woodlawn reserve, they...
 I mean, there could conceivably be times they'd be free, too.
 This also includes bidding for snow removal.
 Thank you.
 traffic goes on Edison now.
 There's a inverted siphon in that road, which is going to be a little bit of extra work.
 need to accommodate federal funds.
 All in favor? Aye. Thank you. Thanks.
 properties are downtown.
 This will go on into the winter.
 I don't think there was, off the top of my head, how many times it would actually go up that high.
 All right, ceremonial resolution for Johnson-Easy. Ms. Brown.
 favor?
 approach, Peggy. The idea is to have the City Council at the direction of the City Council President would host an economic strengths review in a public, structured, and scheduled way.
 I don't know.
 I'd like to know how that's been addressed in this particular contract. And the next one as well. We'll just talk about it all. They have affirmative action requirements with this contract. I know
 we're phasing this in so we have a call a small footprint which will initially utilize the pay station where we have the pay stations we will have a lot more empirical data in terms of utilization of those parking spaces so it's
 of just what we propose to do going forward with that.
 The bigger advantage to this is the pre-bid removal contract and the volume of equipment necessary.
 A little unique to the TaiTai Bistro is that it is on a corner and that this is for both a sign and an eye.
 I think it actually exceeds the amount of the grant money you need.
 we'll talk about what happened at the other meeting.
 put the runoff. So what they have to do is they have to bypass to put that precast in as they go through their property.
 there's some of the books that the council said to change and
 constantly flow.
 I feel comfortable with that.
 I think that we have the mayor or his designee is it.
 I think it's...
 that has been an issue in the past.
 So Anthony Ferrari actually took a look at this and it appears that the grant was applied for a while ago and the city did apply for Mr. Rittner, particularly, did apply for a $30,000 grant but the state only allowed for $23,600
 When we adopted the new zoning ordinance in 2008, we made a change in the way the information was presented in the zoning ordinance.
 going to ask him to tell you about what this involves.
 So
 want to make sure that we can bring it to where we can find our past.
 All right.
 I'll come to order public safety.
 Pizza.
 an average Tuesday at noon might be too hot.
 Special events can be no more than X number, X amount.
 Yeah
 Well, you're getting the forecast.
 and I'm sure that we can get back to you.
 We've got an email regarding downtown specifically, the main corridor of State Street.
 that section of road that you can
 Okay. Thank you.
 No, Alco is a mixed use development and that's already allowed in a higher density. The 1050 has a great
 know if I'd be comfortable delegating that to you know somebody one layer two layers below the mayor on the hierarchy I think
 The wording and title you have to do separately.
 So, I mean, he's trying.
 Okay.
 not completely solve the problem. But they will help.
 is Eric Selberg, of course.
 So that's how you get the amount of time that you want.
 I'm sorry.
 So it'll just, the only inconvenience will be people.
 We have a little bit of room for movement on that.
 We just want to strike that language, which means you're going to be doing both.
 We did that last year for the first time in a while, I think, so it will be the same resolution designating October as American Heritage and Culture Month.
 Second.
 I think a two-thirds approach might be maybe more appropriate.
 I don't have any specific information about that today.
 If you want to go back.
 businesses the machine shop there and small car will be able to access their businesses so we'll
 All right.
 did anticipate we've been looking for them to make this improvement for nine or ten years now.
 And what I would like is doing this with the mayor and his designee being able to set the rates would be if we move it up just in that particular area, then we're seeing a lot of camping out parking to a limit of $1.25 and then observed for four months and possibly $1.50 and observed until we're getting that opening and internal because that parking is meant for two hours, it's meant for
 Oh
 I'm just throwing it out there.
 Anything else to come before government operations? I ask for a motion to adjourn.
 Excuse me.
 to some remaining money and some of the old capital.
 We can revisit that after we see. I'm not going to throw that out there. I've not thought twice about it. How do you program it for a minimum? For 15 minutes, I'm going to the post office to buy stamps.
 And the other one is just a cleanup of uses requiring
 That's another one. I think we've done we do any
 I will move the work.
 anything else you wanted to say on those? No, actually it's funny because I was just about to email and say, well I'm going to have to do this and I opened the agenda and it was there. So do you have
 Thank you.
 Hi, I'm Jeremy.
 also along the Union Street corridor multiple family districts but most of those wouldn't be allowed because those are smaller lots under a half acre.
 everybody understands.
 construction would begin.
 participate from the ballgame.
 You want to give some flexibility that's higher than what it is now.
 So sentencing hearing in this case was not a typical sentencing hearing, and this is not a typical appeal from a sentencing.
 frankly from being there in person it did appear that all of these troubling comments related to the sentence.
 know nothing about them.
 And I think the reason why there isn't a significant dispute as to whether 30,000 Mexicans have died as a result of cartel-related violence or whether Mexican military personnel have died as a result of cartel-related violence is because those inferences were supported by the evidence that were presented at the sentencing hearing.
 that I'm running into my rebuttal time, so I'll save the rest.
 was an effort to steer the discussion back to the issue regarding the torture. And so there was some general agreement, but yes, Mexican military people have been killed and so have people in Mexico, but the numbers were never agreed to.
 We don't know if some of them were before Mr. Beltran was born.
 But the district court chose not to credit some of that.
 And when literally, as the record reflects, waving around undisclosed statistics about the severity of the drug cartel behavior in Mexico, implying that the reason that the torture took place was revenge, not just to get information.
 I think the primary difference between our brief and the government's brief is the government suggests that it knows the reasons or the basis for the sentencing and believes that the ones that we're complaining about were not basis for the sentencing.
 One article from Amnesty International presented reasons for why torture occurs. And the reasons were to get information from people and for public confidence.
 It's because so many members of the SEMAR group have been killed.
 Next, in the case of United States against Beltran Leone.
 I agree that the district court did not actually find that he committed that murder.
 was well justified in light of the section 3553A factors expressly considered by the district court.
 That would completely rule out the requirement of avoiding unwarranted sentencing disparities.
 Let me respond to your first point.
 I've certainly never been involved in a case where a judge referenced its own ethnicity and the personal hurt that it felt as a result of cartel violence.
 He says something along the lines of, he's presented some evidence of that, but it'll take a greater power than me to decide if it happened or not.
 If a court wasn't crediting him based on his torture argument, there's nothing else here that would account for that seven-year break.
 he's certainly not saying, I waive the right to see whatever it is you're relying on.
 was considered partners with Chao.
 I was going to say what Judge Brokner has already said, which is there is no consensus in the defense bar as to why you don't call your client in a case in every instance. There is no one thing that all lawyers know.
 And frankly, I think my personal view is that a judge who accepts the allegations of the serious psychological and physical terrible torture here, and also engages in comparative sentencing, particularly with regard to Mr. Valencia, could very well come to a lower sentence.
 And so when the explanation is consistent, if the judge Castillo asked defense counsel whether the principal arguments in mitigation had been addressed, we've warned courts repeatedly to do so.
 And the district court referenced that violence in Mexico in the course of referencing his own personal backgrounds and experience.
 And judge, I believe what you're referring to our line of cases, Figueroa, Smith. There's a Wilson case as well.
 cases taken under advisement.
 I think here what Judge Castillo was trying to do is draw attention to the number of Mexicans who have died as a result of cartel related violence.
 One of the individuals who testified at Mr. Beltran's sentencing was Manuel Valencia.
 And the judge never retracted that adverse inference.
 But we have discussed that with Mr. Beltran.
 Mr. Beltran was convicted and found to have distributed a large quantity of drugs.
 I'm a lawyer in the business, I don't know who he's talking about.
 And in particular, exactly what we're not allowed to do.
 One of the thoughts he expresses right before sentencing the judge is,
 I think that the district court in particular and his colleague we with the second defense lawyer understood expressed agreement understanding that the argument defendant was advancing was that the torture he experienced should be analogized to an argument that a mitigating factor could be the conditions of confinement.
 I agree with you in that respect in the sentencing transcript. But when all was said and done, the district court gave Mr. Beltran-Leon a sentence of, if I'm remembering, 300 months.
 It seems fairly clear that the court was willing to give him some break, even though it found the claim not entirely credible.
 If you read that part of the transcript, the judge is hammering him. A defense counsel is trying to placate him, saying, yeah, there's a big problem.
 He was a much higher member of the cartel.
 The Fifth Amendment issue was frankly stunning.
 I think we're right here.
 It credited the defendants allegations torture, it treated it as mitigation, despite the lack of testimony, and the holes in the affidavit, and it then awarded him a downward departure as a result of that mitigation.
 Thank you, Mr. Blagen.
 This court has found that the
 I understand, again, the court's concern, but the sentencing here differed from those cases. And in particular, it's because of the nature of the offense the defendant here committed.
 I don't disagree with that, Judge.
 But the other reason that our position was he should have gotten less than the 28 years that he got was because of relative comparative sentencing for defendants and the need to avoid unwarranted sentencing disparities.
 volume.
 And particularly in the sense of one of the issues here is there are, of course, all of these troubling comments. And we don't know the defense takes the position that while it's clear from the records that these troubling comments impacted the sentence, we don't know the extent to which they did or the extent to which the judge either accepted or rejected the allegations of torture.
 And I agree, Judge that the district court wasn't clear did not clarify that comment in that instance.
 I think I would disagree. Why is it any different from the judge who said, you know, you've been dealing drugs in my neighborhood and I used to walk down the street and people like you have ruined it? You know, that was bringing personal experience.
 Mr. Beltran's acceptance of responsibility maybe wasn't as good as the judge had hoped for.
 And I wonder if you have alerted your client to the fact that if he wins, as it were, resentencing, he might be worse off.
 But things like the personal hurt that the judge feels every day based on his ethnicity, which is in the same section.
 I do believe, though, that Judge Castillo did address the principal argument in mitigation, which was the defendant's experience or allegations, excuse me, the defendant's allegations of torture.
 sentencing that I don't think there's any better term for it than it went off the rails. So much so that as part of the sentencing hearing, the district court considered inappropriate and irrelevant information as part of the sentencing.
 position is that you cannot tell from all appearances from the transfer and
 Some of them were when he was 10 years old.
 There was evidence that was presented at the sentencing hearing regarding the violent nature of the cartel.
 And I think that's what should happen here.
 There was no concession by the defense that the specific numbers being quoted by Judge Castillo were correct.
 And despite the fact that the district court didn't rely on the alleged murder in, I forget which city, you know, your brief keeps mentioning it as though it was a fact the district court found.
 These are not your daily fare for sentencing review.
 These conditions have been read and of course the government's prompting. These facts that the judge was relying on are waving around these numbers.
 And it also brings up a salient point here, which is we cannot get into the mind of Judge Castillo.
 And I will point out that the judge did attach some articles to his ruling that the case could not be dismissed as a result of torture.
 says no, you know, blah, blah, blah, you
 extra blanket.
 What Judge Castillo says is, well, I can't get into the mind of Judge Guzman.
 The district court did make findings that the cartel of which the defendant he also found was a high ranking leader.
 This was not a sentencing hearing that went off the rails, and we can tell what the district court considered when he sentenced Mr Beltran looking at the express language that the court used.
 I've never been involved in a case where a judge waved around some unknown piece of paper that he was relying on for sentencing.
 You can read it in the judge's conclusion.
 Of course, we can if the court would like us to be doubly sure to speak to Mr. Beltran about that issue again.
 And then also says, I'm going to give a modest downward adjustment or a modest modification of the sentence for what may have happened. The judge never decided whether it happened or not.
 one of those judges could give him life.
 was so influential and wealthy that he loaned $3 million to Chaco.
 will tell you the primary reason is that it's been a trial because you think your argument is better that the government didn't prove the case.
 district court did find that Mr. Beltran was a high-ranking leader of the cartel, that this was a sophisticated, those were the district court's words, a sophisticated drug trafficking transnational operation.
 supposed to take judicial notice of that? Is that something that's so far beyond dispute that he can wave an article around that he never shows anybody? I think, Your Honor, here, Defense Counsel agreed with the court's proposition.
 says well disregard that as a just a side comment about that.
 I'm prompted by the government, as I recall. That is true, Judge.
 And so from there, I think it's a fair inference that the district court drew to conclude from those findings that the cartel, of which again the defendant was a high ranking member, was responsible for violence in Mexico.
 That's not the way we try to achieve the best we can impartial justice in this country.
 Judge, if I could address each of those concerns in turn.
 That gentleman received a sentence of less than Mr. Beltran, and had not cooperated at that time. He entered a blind plea without a cooperation plea.
 course it was he didn't make a comment about the Fifth Amendment saying I didn't hold that against him.
 You wouldn't want a judge of a particular ethnicity saying, I'm going to impose a sentence because I'm one of that group.
 The government asked for 35 years on a guideline sentence of life. And the court then sentenced Beltran-Leon to 28 years.
 Mr. Blayen, Ms. Alexakis.
 And I think that is why even today, the Defense Council has yet to truly contest that. What evidence supported those statements of the district court judge? I'm sorry, Judge, I didn't hear you.
 Where did the court correct its improper inference that Beltran did not testify for reasons, quote, known to any lawyer in the business?
 From the government's perspective, the court was bringing in his personal experience as a way to highlight the severity of the offense.
 All of those things the government says, of course, that was the basis for the sentencing.
 I just didn't see that inquiry in the record.
 So Mr. Blanken, can I ask you a question though? What really bothers me about this, there's some very troubling things.
 So I think the record is clear that the district court did consider that argument in mitigation.
 The defense counsel response, the first defense lawyer responds by agreeing with that proposition.
 And he says that he understands that he has a right not to testify.
 Why do I say that? They were all part of the same statement about sentencing.
 government complains that we haven't contributed.
 So I understand the court's concerns.
 anything further mr. Blanken
 There was evidence, though, that the cartel was engaged in violent operations. The district court credited testimony that armed bodyguards appeared at business meetings, that Sicarios were employed, hitmen were employed by the cartel, that one of Mr. Beltran's co-conspirators ordered the murder of 13 to 15 individuals as a result of his drug trafficking operations.
 I feel personal hurt when I see this, number one.
 I know what you're talking about, but I just I don't read it that way.
 I frankly don't know how they know that.
 There's no—so the idea of it's done as revenge for Mexican Marines getting killed is not even in the one article that the judge cited in something that he published.
 get anywhere with this, you have to admit that that remark was out of line, that you can't be. Let's take today's world, you know, where there are occasionally riots that get out of hand when certain incidents happen, the murder of George Floyd or whatever you want to say.
 Mr. Beltran was not a very high ranking member of the cartel.
 please support.
 I believe the government's position is that there was evidence that indicated that Mr Beltran was involved in a murder that took place in Kliakan.
 This court should affirm the defendant's below guideline sentence.
 Judge, I think if it was one offhand comment by one defense lawyer, I might be inclined to agree.
 All of these were extraneous issues.
 But notably, the effort was to steer the court back to a somewhat more reasonable thought about why Mexican officials might use a lot of force when arresting someone.
 Unless there are any further questions at this time, the government would ask that the defendant's sentence be affirmed.
 For example, the district court considered the number of people that it stated, 30,000 people in Mexico killed during related to drug violence in general, speculated about the murders of members of the media by cartels, although not specifically identifying even the cartel that the defendant was associated with.
 The second defense lawyer responds by agreeing with that proposition again.
 The judge listed several things that were in his head in the whatever three pages it is that he announces the sentence, such as Mr. Beltran did not cooperate.
 We don't know the source of it
 Later on, however, in the transcript and it's in particular on page 293 of the transcript, the district court expressly says that he did not hold the defendants decision to testify against him.
 And like I said, we can discuss that with Mr. Beltran again, but this is a case that cries out for a resentencing.
 So the court is correct.
 There was no evidence that those particular numbers were supported by it.
 Ms. Alexakis, I have to say, going over the line to say, in effect, I'm of Mexican descent,
 The judge is really hammering him when defense counsel tries to say, for instance, when he says, why do you think the torture happened? The defense counsel says, to get information.
 In the case
 haven't taken the position that we know definitively are
 I see that my time is up, and I thank the court for its attention.
 your honors, counsel, the attorney general.
 He was found to have engaged in suggestion that he was the kind of person who could have ordered cartels or cartel people to engage in violence against the government.
 Judge, I apologize if that was the impression that the government's brief left.
 My name is Georgia Alexakis and I represent the United States.
 hear Mr. Beltran was represented by at least two different lawyers at the sentencing hearing.
 I've been doing this for a while now.
 The district court never concluded whether or not Mr. Beltran was tortured.
 What more do you think the court was required to say? And I really want to second Judge Wood's first question to you, because it is very possible that this could go back, and of course it will go back to a different judge, because Judge Castillo isn't there any longer.
 And that's one of the ways that we, it's of course impossible to tell whether all these other extraneous comments affected it.
 I'm not sure why defense counsel disputes that.
 And when we argued to the district court that of course Mr. Beltran's sentence should start lower than his, based solely on unwarranted sentencing disparities and comparative sentencing,
 is no consensus among the bar that, oh, I know my client is lying or he's going to lie.
 arrest.
 And they say that disregard the issues about the Mexican media members who may have been killed and all of those sorts of things or holding Mr. Beltran accountable for all drug violence in Mexico for some unknown period of time.
 But I think that this court can still credit that explanation that because, in particular because the district court acted consistent with this explanation.
 district court found that the use of firearms was used by the cartel for quote safety and protection.
 We said that's out of the record.
 And he, on the witness stand before Judge Castillo, admitted to thousands and thousands more kilograms of drugs of all kinds than Mr. Beltran.
 was after the sentence had been proposed, all of the supervisory
 I find them all terribly troubling.
 That's not the way we do it.
 May it please the court.
 I think it's pretty easy to figure that one out to be honest.
 evidence supported those estimates of the situation in Mexico, assuming for the sake of argument right now that the situation in Mexico was relevant to Mr. Beltran-Leon's sentencing?
 The court clearly implied that Beltran did not testify about the torture because counsel was unwilling to put him on the stand where he might lie or hide the truth.
 First, with respect to the comment that the judge made the reference to his own heritage and the personal hurt that he felt.
 And that's where the judge relied on.
 I don't, I don't believe it is in the record either judge Rovner.
 she instituted new reading programs for children and for low-income families.
 recognizes the gentleman from Colorado, Mr. Salazar, for 5 minutes.
 they posted comments on our blog or called my office and spoke with my staff, these individuals taught Lisa and me about how hardworking Americans manage to provide for themselves and their families in spite of inadequate food stamp benefit levels.
 The question is, do we have the political will? I hope we do.
 I recognize the gentlewoman from California, Mrs. Allard, for 5 minutes.
 graduated from Pueblo Central High School and attended Southern Colorado State College.
 Everyone who had the privilege of knowing her has a wonderful story to tell.
 On average, every day in our country, more than three women are murdered by their husband or boyfriend, and nearly one-third of American women report being physically or sexually abused by a husband or boyfriend at some point in their lives.
 Mr. Speaker, America can and should do more for low-income individuals and families working hard to survive each and every day.
 Today, 250 children attend Evahar Baca Elementary School.
 also indexes current benefit levels to the rate of inflation, ensuring that the purchasing power of food stamps remains constant.
 He was a fearless educator and a dear friend.
 $3 a day or $1 per meal.
 Specifically, the SAFE Act would enable the survivors of domestic violence to pursue legal assistance, medical care, and meet other immediate needs associated with violence in their lives without the fear of losing their job.
 She went on to get her principal's certification, and in 1972, she took her first administrative position at the new Eastwood Heights Elementary School.
 I could not agree more.
 So added to clause 12A of rule 1, the chair declares the house in recess until noon today.
 The SAFE Act helps businesses save money by helping to reduce absenteeism and lost productivity and by enabling businesses to retain valuable and experienced employees, thereby avoiding the high costs associated with training new staff.
 Although we may be less energetic and perhaps crankier than when we started the challenge nearly a week ago, each of us has learned a great deal.
 tribute to a woman who has spent her life focused on those around her.
 raises the minimum benefit from $10 a month, an amount that has not increased since the 1970s, to about $30 a month. It
 Mr. Speaker, today is my final day on the food stamp challenge, an initiative where public officials eat for one week on a food stamp budget, $21 for the week.
 In 1993, Eastwood Heights Elementary School, the school that she gave so many years of her life, was renamed in her honor.
 On graduation, Ms. Baca taught at Lakeview and Halepek Elementary Schools. She
 When survivors of abuse are fired or forced to leave their job as a result of the abuse, the SAFE Act makes them eligible for unemployment benefits.
 Sunday, May 13, Mother's Day, the New York Times editorial stated that, and I quote, ''Bolstering food stamps must be Congress' top priority in this year's Farm Bill.'' End quote.
 In summary, the SAFE Act empowers survivors of domestic violence, it protects the bottom line of business, and it improves the quality of life of our American society.
 Three of my esteemed colleagues, Representatives Joanne Emerson, Jan Schakowsky, and Tim Ryan, joined me in taking this challenge over the past week.
 Baca was a strong advocate for the community in which she lived and worked to provide opportunities and increased accessibility of Pueblo's isolated east side neighborhoods.
 I yield back the balance of my time.
 Yet truly our most valuable lesson came from the scores of individuals who reached out to us to share their personal experiences struggling to put food on the table for their families.
 Allard.
 there is a very clear way.
 Child of a Mexican immigrant, Eva Arbaca was born on January 1, 1929, in Pueblo, Colorado.
 Most recently, she received the Lifetime Achievement Award by the Pueblo Latino Chamber of Commerce for her outstanding educational leadership and contributions to the lives of countless children in her community.
 physical and psychological consequences of domestic violence are exacerbated by the less obvious economic consequences.
 kinds of tradeoffs are unfair and unacceptable.
 One way we can do that is through the Feeding America's Families Act, a bill that I introduced earlier this month with my colleague, Congresswoman Joanne Emerson.
 back.
 Furthermore, because access to the food stamp program should be the right of every lawfully residing person in this country, the
 As a result of the abuse, employed women often lose their jobs due to frequent tardiness or absenteeism or because their abuser stalks and harasses them at work.
 to feel back the balance of my time.
 The SAFE Act would provide employed survivors of domestic violence with greater employment protections and increased economic stability.
 My week on the Food Stamp Challenge has not only strengthened my conviction, I encourage all of my colleagues to co-sponsor H.R. 2129, Feeding America's Families Act, and other legislative efforts to bolster and improve our federal hunger and nutrition programs.
 While it is true that domestic violence is a personal tragedy, it is also true that it has costly negative consequences to employers who pay an estimated $3 to $13 billion a year for sick leave, absenteeism, and lost productivity.
 This amount reflects the national average food stamp benefit.
 Baca has been recognized throughout Colorado and across the country with various honors and awards.
 Certainly, my wife Lisa and I have gained valuable insights from our experience on a very tight budget.
 I sincerely thank Representative Poe for his co-sponsorship, and I look forward to working with him and my colleagues in Congress to pass the SAFE Act and empower women against the violence in their life.
 Mr. Speaker.
 I can imagine the worry and pain of parents if we had to feed our children on this kind of budget.
 where we will alternate recognition between the parties, with each party limited to 30 minutes and each member, other than the majority and minority leaders and the minority whip, limited to 5 minutes.
 Baca as a member of the first graduating class in 1965.
 was a loving mother to Joyce and Robert Anderson, Gilbert Baca, a cherished grandmother to Carl, Megan, Lindsay, and Nick.
 Domestic violence is a personal and social tragedy that negatively impacts all of our society.
 talked about having to make tough tradeoffs between paying utility bills, buying clothes for their children, addressing medical needs, and purchasing food. They
 We have much more sympathy over how the lack of energy and the hard choices on how to stretch the budget and put food on the table might also stretch one's patience and stress a marriage.
 In 1983, Eva Baca was named director of Title I programs for Pueblo School District No. 60, a position she held for a decade until her retirement.
 Mr. Speaker, this morning, as we stand here in our nation's capital, family and friends in Colorado are gathered together to celebrate the life of a truly great American, a wonderful human being.
 Mr. Speaker, I thank the many advocacy groups for their support of the SAFE Act and for the work they do every day to end domestic and sexual violence in our country.
 just a few of our reflections over the past week.
 members for lists submitted by the majority and minority leaders for the morning hour debate.
 widowed mother of two, she balanced motherhood and her studies while attending Adams State College and receiving her master's in education in 1968.
 On Thursday, Eva Baca passed away in Pueblo.
 Mr. Speaker, to help address domestic violence in our country, I rise to announce the reintroduction of the Security and Financial Empowerment Act, or as it is better known, the SAFE Act.
 also describe the tradeoff between eating to be healthy or eating to be full.
 law book wrote, the important thing is not so much that every child should be taught as that every child should be given the wish to learn. For the countless children that Eva Baca has given the wish to learn, we thank her.
 Feeding America's Families Act would strengthen the food stamp program to better meet the needs of low-income Americans.
 For example, one of the key reasons survivors stay in or return to an abusive environment is because they are financially dependent upon their abuser to provide for them and their children.
 bill restores eligibility to all legal immigrants, a provision that was removed in 1996.
 I recognize this gentleman from Massachusetts, Mr. McGovern, for five minutes.
 To help break this cycle of violence, I have introduced the SAFE Act with Representative Ted Poe.
 Cliche tells us that where there's a will, there's a way.
 Safe Act also helps employers address the negative impact of domestic violence in the workplace.
 Mr. Speaker, the purpose of the food stamp challenge is to raise awareness of the crucial role the food stamp program serves in the lives of 26 million Americans each month, including over 450,000 in my state of Massachusetts.
 The question when we're looking at a battery claim is whether the defendant owes a duty to protect the plaintiff from an injury.
 I do think there's a contract and a covenant of good faith and fair dealing here.
 And I think this is a completely different situation, specifically because the UFC contractually guaranteed that this was not a risk that he was going to have to assume.
 The first fight that he gets scheduled for under the new promotional agreement is with Mr. Lesner.
 We have a slew of things included, but they typically are statements Mr. Hunt made himself, statements that were made during the party's contract negotiations, which now Mr. Hunt says, well, I would have wanted this, that, or the other thing in the contract. Well, you didn't agree to that ultimately, but you did agree to the contract. Nevada Supreme Court in the road and highway builders case teaches us that you can't have a fraud claim based on allegations that contradict the contract.
 Traveling expenses were never an issue below anywhere.
 And one can then at least there's a fairly clean road in terms of damages and what that might have meant as opposed to sort of betting on the outcome of a fight with this, you know, these uncertainties.
 I am not certain that on the pleadings one could say that he consented to fight someone who had consumed performance enhancing drugs because his inquiries were to ensure that that hadn't happened.
 there is a misrepresentation or an assurance that was knowingly false, that's enough.
 Is there an exemption sought from any of the testing requirements? Yes. So typically when a fighter has been in the program and retires or leaves the sport for a period of time, when he or she comes back, they have to be in the program for a period of four months.
 The next reason, and I think this is probably the most important reason why the contract claim fails, is because reliance damages, your honors, are meant to put the complaining party in the position he, she, or it would have been in had the contract never been performed or had never come into fruition.
 and pay the nominal monetary fine for it.
 There were five tests.
 and
 see
 The lower courts seem to indicate no.
 The end of the day, the damages that Mark Hunt suffered in addition to consequential damages that UFC has pointed out are barred.
 Mr. White's statements reflect that USADA, the independent testing agency, was testing Mr. White.
 Okay, so any representations to the contrary are pointless.
 What we see is Mr. Hunt gets blocked on a particular argument and then seeks to expand it.
 That just strikes me as being pretty speculative.
 my client complied with the contract he signed, expended tens of thousands of dollars of personal expense, training, traveling, doing everything he was required to do to fight in the manner that UFC guaranteed him,
 So it's incorporated by reference we submit.
 don't know the answer to that question. I will ultimately it was the UFC's decision correct? Correct and they
 And he does hereby clearly, unambiguously, and explicitly accept all risks. All risks means all risks.
 representation was never made.
 Mr. Lesner, Mr. Olsen.
 was suspended. It was fined $500,000 out of $2.5 million.
 your client got I believe $700,000.
 And again, I would argue that to the extent that there's any ambiguity at all, it has to be conveyed against the drafters of the contract.
 My name is Colby Williams. I represent Zufa LLC, which we'll sometimes refer to as the UFC, and Mr. Dana White, the president of the company.
 So that's in the record, and it too contains the express consent that Judge Dorsey found.
 They include standard medications, they include over-the-counter medications, they include substances that may occur in food that you buy from the grocery store, packaged food, processed food.
 matter should be remanded because he does have claims and those claims were properly alleged and he was wrong.
 And it may require me, I want to try carefully and then the court can tell me how to proceed.
 Not here, not where Zufa has fully performed and paid every cent owed under the contract.
 And he relied upon that to his detriment, and the breach of contract caused him actual damages.
 And I can't think of a better way to say it. That analysis is just wrong.
 I thought that he had been tested. The test came out positive.
 No question that the contract provides that fighters are to honor the provisions requiring them to comply with all Nevada Athletic Commission regulations, including rules prohibiting the use of certain substances.
 Again, I would point out that this is UFC's contract.
 I don't think that's part of the game. You know, yeah, it happens and people do it. But you tell me that you can line up four batters and the pitcher can deliberately throw at each one of their heads and that's part of the assumption of the risk. No, I don't think so.
 And the UFC knew he was going to do it.
 Go ahead, Mr. Willing. Do you have a point you want to make? This is it.
 Were the results revealed prior to the ballot? The results were revealed for his first five tests.
 And with us, we're supposed to interpret the pleadings in the light most favorable to the pleader.
 I'm going to try to blend three minutes into one.
 and that's why it's unfair to criticize her for addressing only consequential damages, was that he lost his training expenses for UFC Fight Night 121.
 is entitled to more money under their contract if he fights for a title in
 And what I will represent to the court is that reflects far more testing than has been represented by Mr. Boshi.
 that
 So typically those types of positive tests are rare because fighters are always tested the night of the fight.
 I'm sorry, Judge Pius, I didn't hear you. Can the fighters themselves assume that it's going to be a clean fight in light of under the rules of the association, they got to follow the Nevada?
 Had that not happened. Can I ask you a question? If you're still answering Judge Rawlinson's question, I apologize. You can continue.
 He knew there was no assurance when he got into the fighting cage. He knew that it had happened before. He knew that it's likely to happen again. He knew that it was a part of the sport.
 Preliminarily, I would like to point out that in addition to all the other things we're going to talk about this morning and all the claims and the elements of the claims,
 If you look at the allegations in the complaint, and the Sprewell case from this court teaches us, sometimes a plaintiff can plead himself out of a claim by providing too much detail.
 that would be the night of or for a particular fight fighters not only sign their promotional agreement they sang bout agreements for the specific fight at issue the
 If there had been no exemption granted, wouldn't Mr. Lesner have been tested prior to the bout? Mr. Lesner was in fact tested prior to the bout on multiple occasions. That's what I'm telling you.
 That's a quote from his own complaint.
 That's the reality of what happened.
 that's right and that's all the other tests that preceded the fight how far in advance of the fight were those all throughout the month of June
 They take away their batting championships.
 And he relied upon the representations in both his contract and specifically, and I don't want to quote it because it's filed under seal,
 There is no dispute in this record that Mr. Hunt was paid for UFC 200.
 contract provides that my client was going to get paid $700,000 for the first fight regardless of who he fought.
 That would have been even more inequitable than fighting Brock Lesnar. But had he fought someone else, he would have gotten the same $700,000, and the contract provides that there would have been other opportunities.
 think most people would but when you go to the plate you know that there's a chance that you can get hit whether it's intentional or negligent or otherwise.
 It is pure speculation as to whether my client would have defeated Brock Lesnar had he not cheated.
 There's no evidence that where the... Go ahead, Judge Pragerson.
 Thank you, Judge.
 can tell you Mr. Lesnar has not fought for the UFC since this fight.
 Your Honor, this is Brian Bocci on behalf of the appellant. As I've watched lawyer after lawyer go over their time, I've
 How does this argument relate to the fraud claim? How does it relate to the fraud claim? Yes.
 He knew there wouldn't be a guarantee like that.
 That is our position, your honor. Yes.
 Okay, there were two positive tests prior to the fight.
 mister white that he was not going to step into the ring with a doping fighter
 This case provides an example of it, your honor. Mr. Hunt's entire complaint, the RICO complaint that was such the focus below, is premised on the fact that he had previously fought two fighters who came back testing positive for a prohibited substance.
 but the damages incurred because he had to fight brock lesnar
 I happen to know Mr. Williams drafted it.
 So I'm kind of surprised you go there.
 Most respectfully, that is not correct.
 Mr. Lesner took performance-enhancing drugs against the policies of the UFC and the Nevada Athletic Commission for the sole purpose of getting bigger, stronger, faster, and potentially irreparably hurting my client, and that's battery.
 I have a hard time thinking that that is part of the assumption of the risk when you're dealing with this context. That's all.
 So how do we make the inference that you're telling us is compelled from that complaint? We make the inference because although he admits that he sought insurance, that there would be no doping or no violation of the anti-doping policy.
 The council's argument about Mr. Lesner and there's no guarantee of anti-doping, he took steroids. He took performance enhancing drugs and got caught taking performance enhancing drugs.
 put into the record.
 I don't want to go any further unless the court has specific questions.
 The argument that was presented to Judge Dorsey and
 There are performance bonuses.
 But in fact this one came back positive and he was fined for it.
 And Mr. Hunt did not assume reasonable amount of risk just because he's a UFC fighter.
 that
 what they should have never been in that fight
 My client, Mark Hunt, is the only party to this action who did not commit wrongdoing in this matter.
 And I would submit that's what Mr. Hunt did here, because he recounts his repeated communications with Mr. White, where he is raising questions about Mr. Lesner and his compliance with the testing program.
 And we're saying that if we look at the allegations in his own pleading, we take those allegations as true.
 It's clear that he knew that there may be an issue with Mr. Lesner and there's one additional place where I believe consent is evidenced and the judge didn't rely on this but I believe that this court can because you can rely on on anything in the record that supports this issue and
 Let me ask you this.
 but the results for that would not have come back before the fight.
 Isn't there something qualitatively different between doping and this history of baseball that we have with batters and pitchers and that rivalry? I mean, when baseball players are found to be doped, they strip them of their titles.
 admitted that he suspected Lesnar of cheating, of juicing, of doping prior to the fight.
 And the analogy, and I'll go to Judge Pregerson's point with baseball.
 The fighter is only entitled to recover his purses.
 here here's why it is significant that he fought Brock Lesnar who was a doping fighter.
 But if you look at sub 06 through 08 and the guarantees that are in the contract that my client is going to get a clean fight in all of his contractual fights,
 I don't know, and I don't think anybody knows.
 That's point one.
 refer to and Judge Gregersen sounds like you're a baseball fan.
 Yes. Thank you. Thank you, Council. We appreciate your arguments.
 that
 There is no evidence at the record, your honor.
 There's no guarantee that there will never be a violation.
 I guess I better reserve three minutes for rebuttal.
 So the argument on the fraud claim is that people... Go ahead. Judge Dorsey found that there was no proximate cause for the fraud claim, and that was tied because, again, the focus below was on the RICO claims.
 Mr. Williams, I just have one last question for you. Switching over to the battery claim. Do I understand your position to be that the plaintiff consented to fight a fighter who had doped up?
 And Mr. Hunt did not assume a reasonable amount of risk stepping into the ring with Mr. Lesnar because he had a contract and specific representations, and that goes more to the fraud claim a little bit.
 that what you said? One prior, one the night of.
 certainly ZUFAs goal to eliminate... Why would it be unreasonable? Why would it be unreasonable? Well I think this
 That is absolute speculation.
 David Olson on behalf of Brock Lesnar. Since we're talking about battery, I think we have to put this into focus.
 So he's clearly aware that that takes place.
 And I think that their contract sets forth damages that are recoverable by my client for the breach, irrespective of whether he was paid for the fight with Mr. Lesnar or not.
 I'm a little over my time, but I'm happy to follow up on that question.
 What you've heard Mr. Boshie arguing is that he was deprived of training expenses and traveling expenses.
 And I simply wouldn't have gone forward with this fight.
 And then next. Can you have a fraud claim based on non-disclosure? You can if there's a duty. Of course you can, your honor. You certainly can have a, but there's no allegation that there was a non-disclosure here because Mr. White isn't alleged to have known that Mr. Lesner was, was testing positive.
 Was there an exemption sought from any of the testing requirements? Was there? I didn't hear the question, Judge Rawlinson.
 That's inconsistent to say he consented to something that he was assiduously seeking to avoid.
 doesn't have to be a guarantee.
 There is no dispute about that whatsoever.
 tested positive twice and was suspended.
 When we're talking about assumption of the risk in a UFC fight, UFC and ZUFA contractually guarantees in their agreement that fighters are not going to have to assume that risk against doping fighters, that they are going to get fights against clean fighters.
 I just want my question answered.
 Okay, so between July, between June 28th and July 9th, there was no testing? That's what the record reflects, Your Honor.
 Okay.
 That's just the reality of this moment.
 Mr. Hunt expended tens of thousands of dollars training, traveling for one event where he was ice skating uphill for lack of a better term.
 Wasn't there some inference that the tests were delayed sufficiently so that the results would not come back before the bout?
 And yet somehow after the lower court's decision, he is left without recourse. And candidly, among all the other reasons I'm going to cite to in this argument, that cannot be the right answer.
 There was never a claim that that wasn't done.
 And it seems to me that once you get into well, he would have won or he would have done better and he might have not lost endorsements because he might have done better.
 So it's your, it's your position that that consent encompassed illegal doping. It's my position that that consent encompassed any injury he might receive in the ring, whether it's a fighter who has violated the anti-doping policy or not.
 Okay, thank you, council. Thank you.
 Mr. Hunt included the Bout Agreement as part of his complaint.
 requested the exemption? Whether it came from Mr. Lesner or the UFC decided to grant it unilaterally, I
 I believe I think it was $250,000, Your Honor.
 Thank you, your honor.
 but but mister let her if you would not have what had to fight rocker if mister i would not have been quite mister let her he would not have expended the money in the training the the other the other things that he did to fight that fight
 I'm sharing time with my colleague, Mr. Olson, who will be arguing on behalf of Mr. Olson.
 It just seemed to me that the breach of contract claim is a tough one, is an uphill battle.
 We also submitted the compelled agreement for UFC 200 in our motion to dismiss briefing as well as in the summary judgment briefing.
 Eliminarily, yes.
 Allegation has been made that the first time Mr. Lesner was tested was on June 28th, and
 These compounds are not all performance enhancing drugs.
 That's a situation where reliance damages may be appropriate.
 didn't get that.
 Those results could have been available prior to the fight.
 I don't disagree that it's a hard analysis and it's a little bit of a burden to overcome, but I will suggest to your honor that I think the contract and I think expert testimony to your point adds to the doping advantage, but certainly there are damages recoverable for the breach of contract and certainly for the battery. I look at the battery and the aiding and abetting battery claims, and I'm jumping to this right now because I see four and a half minutes left. The district court relied on Avila and relied on the Avila case
 and one of the reasons that baseball tests so diligently for performance enhancing drugs is because that situation creates a life threatening possibility.
 Go ahead, I'm done.
 The guts of what I think was alleged and what stems from UFC's contract.
 I mean, what happens is the benches get cleared, you throw a 100-mile-an-hour fastball at somebody's head.
 The issue of reliance damages was never presented.
 he was going to get that money whether he fought Brock Lesnar, whether he fought another fighter, whether he fought someone else.
 as he did. But didn't he also say that was the reason he was trying to get some reassurance that that had not occurred in this case?
 Okay.
 All of which were negative. But not all of them.
 So let me.
 Your Honor, I think that's
 I didn't want to, um, I, it seemed to me just my question already. Oh.
 he did receive his purse, he was fined.
 So the assumption of risk analysis that Judge Dorsey took looking at Avila as compared to this situation, in our opinion, is misplaced.
 I'll give the plaintiff's appellant's lawyer one minute. But you need to turn on your mic.
 The promotional agreement is longer term.
 was going to cost them tens of millions of dollars.
 We ultimately can't control what a fighter puts in his or her body, either knowingly or not knowingly.
 So I just want to clarify that for the record. There are three independent reasons why the contract claim fails.
 I'm not a guarantee and assurance.
 in
 That occurred after UFC 200 and thus Judge Dorsey viewed it as something occurring after UFC 200 and thus was a consequential damage barred by the contractual language.
 I would direct your honor to, and again, it's under seal.
 was the most recent one when was the latest one in June prior to the one the night of the fight June 28th and what
 He admitted that doping is an unfortunate reality in MMA.
 He was caught cheating to get bigger, stronger, faster, so that he could put my client in a life-threatening situation.
 but that Mr. Lesner was going to be tested.
 they turn the other way and that's eating in a betting battery.
 there are significant consequences.
 What I'm saying is he would have gotten the $700,000 regardless of who he fought. He could have fought me.
 So I don't know what in Avila, what was going through their minds.
 Very quickly, the judge found below that there was expressed consent through their promotional agreement.
 In fact, he did consent to potentially fight a fighter who will fail a drug test.
 So I just like your reaction to my sort of parried down version of what I think maybe is left in this case.
 The fighting contracts say that the fighters will adhere to the anti-doping policy.
 Thank you.
 And that is, none of the statements identified in the complaint constitute an actionable misrepresentation that could have been relied on by Mr. Hunt.
 But that last fight was against Frank Mir in March of 2016.
 We had to fight a fighter who had been cheating, are absolutely not consequential, and they are absolutely not speculative.
 know if that completely answer your question Judge Pregerson but if you have any follow up to that I'd be happy to address that.
 Consent of course negates the duty, the existence of a duty because the absence of a consent is an element of the claim of battery.
 So this to me is not comparable to the Avila decision.
 you know you're going to be tested the night of the fight.
 So I think that while I agree with you that certainly the fraud claim and in my opinion, the battery claim, which I'm going to get to in a second, are much cleaner.
 I would submit that under Avila, when you play baseball generally, whether it's intentional or negligent, you know that there's a possibility that you could get hit.
 set out to have five minutes. So I'll give it to you, but I've got to hold you to it.
 Mr. Lesner was, as is contemplated under the doping program.
 there's at least in terms of the pleading on the pleadings.
 doesn't have to be a guarantee.
 Speaking up with the contract issue, because both Judge Rawlinson and Judge Pregerson asked about it, let me see if I can quickly knock that out, because something has occurred in the oral argument that has continued to happen in this case, both in the district proceedings below and in the opening brief.
 What seems fairly clean to me, however, is the argument that if I knew that this other person was doping, I simply wouldn't have gone forward because it would have been bad for my reputation.
 I coach, when I'm not doing this, I spend a lot of time managing baseball. And every one of my kids that goes up and goes to that bat in our games knows that there's a chance that they're gonna get hit. That the pitcher is gonna either miss or is gonna be mad at them and throw at their head or is gonna throw at some other, that they could get hit with a baseball.
 I don't know how long that would have taken.
 You typically see this in the context of a contract to negotiate in good faith, where the parties negotiate for a period of time.
 But at the end of the day, it was my client who suffered.
 And those guys all went up to the batter's box. And the Astros players, one by one, had a pretty good idea that someone was going to throw at them. And eventually, it happened.
 fighter can never be sure that he will pass a test no matter how vigilant he is in
 I will go further and tell you as part of our summary judgment briefing, it is also clear we provided every single bout agreement.
 he had shed a light on what UFC had done in the Lesnar fight and
 That's certainly something that Mr. Hunt has argued, and I'm glad you raised it because I want to get to that point.
 Well, the lower court relied on, for that portion of the consent finding, relied on AVIA, the California Supreme Court case.
 and
 If you look at exhibit B to his own supplemental complaint, it's the promotional and ancillary rights agreement. At paragraph 12, he specifically says, fighter fully understands and agrees that the professional sport of mixed martial arts is an inherently and abnormally dangerous activity that can result in severe and permanent physical injury, including death.
 There is no representation made by Brock Lesnar in any agreement that provides any assurance that he will not fail the test.
 They were questioned about that by the Nevada State Athletic Commission. They provided a written response.
 And there's a reason for that.
 thought. He says, you know, had I known that there was doping and I wouldn't have, you know, that the contract was therefore breached.
 That's his own pleading, that's what he said.
 And it doesn't say that for a reason.
 Good morning, your honors.
 Okay.
 I'm sorry, I just have to interrupt you.
 error about the determination that all of the damages he saw were consequential damages that were barred by the contract? Because all the damages that were alleged were not consequential damages. I was going to deal with that in the contract section, but I'm happy to deal with it now, Judge Rawlinson.
 The record will reflect below as part of our motion to dismiss briefing, we submitted a request for judicial notice where we submitted all of Mr. Lesner's testing.
 even in the face of making multiple requests, is he clean, has he been tested, or words to that effect.
 and if he becomes a champion, he's entitled to more money after that.
 contract for a guarantee.
 The last point I'll make, and it touches on something Mr. – But does Nevada law permit those kinds of waivers? Excuse me, your honor? Does Nevada law permit parties to waive liability for intentional torts as an assumption of the risk?
 Yeah.
 I mean, just thinking, I don't want to take too much time, but just thinking this through a little further, maybe an expert could testify that the doping provides some percentage of an advantage, 50%, 40%. And maybe I'm wrong that it would have to be his only remedy is to not have fought at all.
 I understand that.
 It is a very good contract for UFC, but it is their contract.
 So unless there's any further question on reliance damages, I will go ahead and move on to what the next focus of Mr. Boshi's argument was, and that was the battery claim.
 lost appearance fees that were booked before the fight based upon reliance that he was going to have a fair fight with Mr. Lesner and he did.
 He certainly would not have expended the time, money, effort, tens of thousands of dollars in travel to be on the UFC 121 card that he was ultimately pulled off of because he complained about the Brock Lesnar situation.
 and joe kelly because he's not very good but he he threw the ball behind one of the batter's head and that was something but the after players knew that that was a possibility when they when they stepped into the batter's box that night
 Thank you, your honor.
 He accepted the risk of death and serious bodily injury. He's not allergic. That would be true if the death came by virtue of combat with someone who had not been doping. But the problem is the doping brings a new wrinkle into it.
 keep using the word guarantee, but that's not the standard.
 Mr. Lesner was granted an exemption to that four-month testing window.
 And that is Mr. Hunt's claims morph.
 doping is, you know, very effective in terms of giving unfair advantage to folks if that's the evidence.
 The two tests that came back positive, first was June 28th. Could it have been expedited? There is a procedure for expediting. The part I can't answer, your honor, is whether it would have come back before the fight. That's up to USADA, the independent testing agency.
 It's a fundamental part of the game. So when my kids are playing baseball, or the college kids in Avila are playing baseball, when they go to home plate with that bat and that helmet, they know right then and there that they could get hit at any moment with a pitch ball.
 The Astros played the Dodgers earlier this season.
 One may do due diligence, spend money on fees, and the deal doesn't come to fruition.
 So these are not, and I know that Judge Dorsey was very hard on that in her decision, and candidly I disagree with it, that these are all consequential damages.
 he was beaten before he walked into the ring against Brock Lesnar and another event that he was pulled out of primarily for the allegations of the complaint
 Yes, Judge Rawlinson.
 no matter how much care he takes with what he puts into his body. There will never be a guarantee, no matter what the rules say, no matter what UFC does, no matter what WADA or USADA does, never be a guarantee that a fighter will pass a test.
 Mr. Hunt was paid every purse for all six fights.
 the picture for the dodgers a number of years ago with a nice picture
 That's the baseball case.
 We also included that in our request for judicial notice. That was in exhibit five to our request for judicial notice.
 First, he expressly consented to accept the risk of injury and even death when he got into the MMA fighting cage.
 If we look at the pleading, there is no representation made by Brock Lesnar to Mr. Hunt.
 The contract between the parties in section 7.1, which is in the record, provides that ZUFA pays the traveling expenses for Mr. Hunt, and that was done here.
 I suppose it would require that your client remit the $700,000 he received and seek some consequential damages. But, you know, it just struck me that it's almost more of a tort theory and it's either fraud and the inducement or just, you know, a garden variety fraud claim, which you've already pled.
 make it sound like it's completely pointless for any fighter to rely on testing or that any other fighter is not going to be doped.
 And when we're talking about categories of damages that can or cannot be recovered under this contract, it doesn't say reliance damages in there.
 Alright let's go over to the other side opposing counsel.
 Let's hear from Mr. your co-counsel.
 You know, I watch a lot of baseball too, you coach.
 Well in a sense your honor it is pointless because although not in the record one has to put this in perspective and understand the nature of the sport and the anti-doping policy. The World Anti-Doping Association publishes a list that has literally hundreds of compounds on it.
 And then he's entitled potentially to a piece of the paper views.
 What was
 And that's the test that came back positive on July 15th after the fight.
 Your Honor, there isn't that I'm aware of a Nevada Supreme Court that addresses that question.
 never got that insurance. He never got a guarantee.
 I don't know. I don't know. It just seems tough.
 And all I would say is I think the analogy could apply across a number of sports, whether it's a doping hockey player, a football player, or an MMA fighter in this context. If a particularly hard hit is leveled during one of those types of games, is the recipient of that hit going to be able to go back and seek to use the tort liability to police those types of incidents within the sport? And I would respectfully submit the answer is no, Your Honor.
 could have been, whether the word is expedited or whatever, they could have been made available prior to the fight, then the positive result, but it was not. Is that correct? In part, your honor, if I may quickly elaborate.
 Mr. Boshie says that the contract and Mr. White both guaranteed that Mr. Hunt would fight a clean fighter.
 I mean, and the record is, I mean, I don't think there's, we're at the pleading stage, so when I say the record is clear, Mr. Lesner got caught.
 He did a very fine job drafting it for his client.
 you've got someone on performance enhancing drugs that can kill someone. That's what happened here.
 I was just saying that it just seems to me that if a fighter conceals the fact that they're taking a performance enhancing drug that potentially will not only cause them to win but perhaps do more damage to an opponent, I
 point
 I don't think that deliberately trying to bean somebody is within the assumption of the risk of Major League Baseball.
 Mr. Hunt never once argued that he was entitled to quote-unquote reliance damages.
 Later in the contract, in paragraph in sub 2, sub 3, and then eventually in 6.2, there are incentive clauses where my client, had he had the opportunity to fight for a title, had he gone in with a legitimate fighter in his first fight,
 How long before the fight was his last test? He was tested the night of the fight, July 9, 2016.
 with all of that knowledge, he chose to get in that fighting cage anyway.
 You need to unmute.
 that's certainly the goal.
 Thank you.
 plan to argue for nine minutes.
 And it is a completely different standard.
 But it really didn't matter because he still got his purse basically with a small amount deducted for the positive test.
 about agreement is for the particular fight in question.
 Thank you.
 first, and I won't spend a lot of time on it, but it's emblematic of what I was just talking about.
 That's different than a guarantee.
 of
 And so I think in this case, Mr. Hunt absolutely consented to this fight. But while it may be an aspiration and one we tried very hard to accomplish, that fighters are not going to test positive.
 can never guarantee that they will not fail a test.
 That section is section 10.5. It clearly bars consequential damages.
 supplement 06, 07, and 08 as to the contract.
 admitted in his own complaint that on multiple occasions before he fought Brock Lesnar, he had fought fighters who in turn tested positive.
 was a supplement dietary all up side of the wrong over-the-counter drug
 What was the night of the fight? July 9th.
 and what happened? Not only was he not tested until a week before the fight, he was tested and the results were held until after the fight was over so that, candidly, UFC 200 wasn't going to lose another draw because they'd already lost Jon Jones for a doping violation and they didn't want to lose Mr. Lesnar on top of it.
 I've used up my minute, so.
 So are you saying they're the same thing? I'm saying that there are significant consequences for doping, your honor, absolutely.
 So when I say that he should not have fought Brock Lesnar at all, certainly he would not have been entitled to the $700,000 and then another $700,000 for another fight.
 Okay, and to that point, I think that Avila doesn't necessarily talk only, and I'm more referring to the dissent, which I tended to agree with more than the decision, in that an intentional pitch ball at someone's head or a negligent pitch ball at someone's head, candidly, when you're a batter, when you're going up, and these are college-aged kids,
 position that the pleadings are just the opposite of that.
 She also found that there was consent based on consenting to the inherent risks in the sport. And given the nature of the complaint that we were here on, and given the specific representations that went back and forth between Mr. Lesner, excuse me, Mr. White and Mr. Hunt,
 Thank you.
 And when she found no proximate cause on the RICO claims, she found no proximate cause on the fraud claims. But we would submit, Your Honor, that there is an additional basis upon which this court could affirm on the fraud claims.
 And Judge Perkinson, I agree with most of, I actually agree with most of what you said.
 That's all they say.
 think that there are damages above and beyond that $700,000 in the contract and outside of the $700,000 that are recoverable for their breach.
 The very next month is when he signed his current promotional agreement with the company.
 should never been in the ring with brock lesnar
 All fighters are tested the night of because if it turns out that typically the way this works with a fight is if you're going to be doping, you're doing it farther in advance prior to a fight.
 Here Hunt has definitely pled in his own complaint that he consented to whatever injuries he received in the fighting cage.
 This is a clear-cut case of battery, aiding and abetting battery, and damages that ensued from the battery.
 the district sales manager for KeyBank here in Albany.
 He wanted to come to this city so that he could have his own young children join in this school system and experience what an urban school system of this diversity and outstanding programs could offer.
 They knew about the program because we announced it publicly.
 So that no, it's not all your fault, but if it the old saying if it bleeds it leads the
 I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure.
 and again, make it a monthly event that markets connectivity and attracts owner-occupied individuals to our great housing stock.
 We're going to be able to
 That's exactly correct. We don't want people
 This will help you with the tour today.
 We know the involvement of banks in the disaster in this country today.
 Today is the day that key to the city comes home.
 Can you expand on the program with the learning in the school district? Probably the superintendent might be better to actually deal with that or the president of the school board.
 Unfortunately, we don't have quite as many public employees to send out to every house today, but we will have different people at different places.
 So we're not only educating them on how to pay their bills, we're also educating them on how to maintain the home, pay the bills after they close in the mortgage, and stay in the home.
 It's a wonderful place.
 And with that, I would open it up for any questions that individuals may have before we start the formal tour.
 We're glad you could all be here today.
 questions or should we yes, sir? There are some in some of the package and Mr. Amad Yousafi who's right here can also talk to individuals on specific questions that they may have.
 Schenectady is a very important community to us and we appreciate everything the mayor continues to do to promote this terrific city.
 Thankful to our partners in Key Bank and their Key to the City mortgage initiative,
 As a long-time educator, I see up close what's really positive about this school district.
 and it was due to these 100% loans that they gave to people and selling the mortgages out and so on.
 those kind words.
 That's six more since our meeting here this past January.
 The number of outstanding students who graduate and go on to the finest universities and colleges in this land and do it successfully is evidence to how well they're prepared.
 And people look at that and they say, oh, it's too high, we don't want to live here. But when you break it down, if you buy a house and you look at your cost of home ownership, the mortgage, taxes, insurance, and other related fees, in fact, home ownership in the city of Schenectady is far more competitive than any of the other communities in the region.
 But again, we're fortunate to have key and prudential be the point persons on this.
 course offering booklet for our high school I would stack up against any in the state.
 you're trying to cast negative dispersions on what is a good program it's
 Good afternoon. Good afternoon, everyone.
 I appreciate everybody's interest, their participation.
 We have a great park system. We have just a number of opportunities here that Forest Connected continues to get better every day.
 to bring many years of experience and professionalism, as well as an outstanding selection of homes here within Schenectady.
 So, oil or papaya, I've not qualified for that.
 That's why you had the collapse.
 Next speaker is a good friend, a great leader.
 I just want to say, I'm not sure what the question is over here.
 And if people want to move here, want to take advantage of the school district, you're going to find that there's opportunities and educational excitement that, again, is unequaled and unparalleled in the region.
 The City also brings to bear the expertise of many City departments demonstrating a commitment to providing a high quality of life for the City residents.
 We're glad to all the homeowners that are in a position to take advantage of this unique financing.
 And I am truly thankful, appreciative of the efforts of KeyBank and look forward to working with you in the future.
 analysis and some of this is available in the packets we have realtors and some of the individuals from key can talk to you
 I would say that this is somewhat of a much more conservative package.
 When I think about keys to the city, this city or any other city, among the keys are the school systems. I came here just about two years ago when a lot of attention was on adults and adult-related problems.
 We've had 17 closings since inception of this program started at the end of September.
 breath of offerings is impressive.
 It is not exclusive to any bank or any real estate firm.
 And as a result of that, some of the taxes and fees represent a greater proportion than in some of our suburban locations or other communities.
 It's an incentive that makes Connect2D more competitive in this market.
 I'd like to thank Mayor McCarthy and KeyBank for making us a part of today's event.
 We have just a wide range of offerings.
 I had made the commitment to make city staff available at homes.
 like a kind of an almost desperate marketing attempt to get people to live in a city that, you must admit, doesn't have a great reputation.
 The New Prudential Manor Home has been a great partner from the start.
 So if there's any tax break or anything, because I already have a supremacy in the city of Schenectady.
 is for credit qualified, owner occupied, one and two family houses.
 And as we go through a transition phase in the school district that we are truly have been blessed to have the expertise and knowledge of John you go ski. He really
 The City of Schenectady brings leadership in attracting new residents to its town.
 However, I just feel that this situation has to be a two-part thing.
 And that if people sort through kind of the rhetoric, some of the disinformation, Schenectady is the opportunity, the place people should be. We should look at Schenectady, and I want people to live here, move here, and participate in this community.
 We welcome you to see the fine values of the homes here in Schenectady. Thank you.
 It is an opportunity here that is, I believe, unparalleled. We talk about high taxes, we talk about some of the urban problems, and why people tend to discount the city of Schenectady in other communities. And if you do that,
 We continue to make this city a great place to live and work.
 There's often a negative connotation with 100% financing.
 No one can speak louder about this school district than someone who would make that kind of commitment.
 Homebuyers here had to take our word for it.
 I will tell you, I believe that reputation is propagated primarily by the media.
 This is the largest open house undertaking that I believe has ever happened in the city of Schenectady, and I thank Prudential Realty for focusing on this and being the initiative and all our partners that are joining as we look to build on today's success.
 JoelBesigner
 It's a unique product in this market where other banks are looking for 20% down, higher participation by the owner.
 I'm also a member of Artifice Connected.
 to be in homes that they cannot afford.
 available in the app stores on any smartphone and it will show you where all the properties in the area are listed and give you more information.
 Thank you, thank you everyone for coming today.
 those kids there that are taking advantage of it, they're really going to be great leaders for the future. And it's part of this effort today is get that message out that there are a lot of good things that are happening here that aren't necessarily newsworthy every day, but it is a good community and we want people to participate in it.
 And if people have questions, we'll follow up as best we can today and get back to people on Tuesday and Wednesday so that we will convince people that this is the best community. We want people to be here and want them to take pride in Schenectady.
 The question is, if they already qualify, you don't need to teach them those things. They already qualify. Why 100%? Because they're just a customer. You don't need to give them that.
 You want evidence of that? We just recently, the board just recently, completed a process of looking for a new superintendent.
 The simple summary of key bank
 to thank everybody for coming today and appreciate your time consideration and
 We will have associates at all of the homes that are open on today's tour to answer any of the questions that you may have.
 So you can see the program is working and it's taking effect here in Schenectady.
 We have more offerings for our students than any of the other school districts in this area.
 I want to welcome everybody to Schenectady City Hall in our first of what we hope will be a monthly open house program in Schenectady.
 Those are the things that were wrong.
 we have a wonderful school system that gets lost in some of the noise.
 We've had over 98 new inquiries since January 3rd in reference to this program, bringing the total interest of prospective homebuyers over 270 since November.
 feedback on program.
 The market has overly compensated for some of those perceived conditions that exist in the market.
 Chief Delarocco, Chief Chairs, Assistant Chief Kilcullen.
 And we have ongoing discussions with banks, realtors to expand and build on this program.
 He is kind of a good term to use today.
 And KeyBank is proud to provide affordable financing that enables homebuyers, including first-time homebuyers, to join those who already know what a great community the City of Schenectady is to raise a family in.
 This program is for owner-occupied housing and that's the push that we're trying to do is attract owner-occupied individuals here to this community.
 Thank you.
 I want to recognize some of my colleagues here, Council Member Peggy King, Lisa Perrazzo, Carl Erickson, our colleagues in the Schenectady City School District, School Board President Kathy Lewis, School Board Member Ron Lindsey.
 of the other things, it is far more competitive than other instruments that are available in the market today.
 John, thank you for being here today and participating in this.
 We clearly see that it's been far more successful than I thought.
 Yes, ma'am.
 is, I believe, second to none in the Capital District.
 Welcome also, and we'll hear briefly from our school superintendent in a few minutes.
 We're offering pre and post purchase counseling to our clients.
 Now one of our key partners, Joseph Reedhammer from KeyBank. It is a unique product that Key has put together in this market.
 However, today they can take a tour of a remarkable selection of high quality affordable homes that are available in the welcoming neighborhoods of Schenectady.
 The good things, the incremental things that are happening every day are not necessarily those things that are newsworthy.
 which means if you don't understand something, you have to ask.
 Which in this market is a unique product which I believe makes the city of Schenectady more competitive and creates greater opportunity for home ownership in our community.
 and going back to what you're saying, I think it's a two-fold thing.
 I invite you to download the Prudential Manor mobile app today.
 got a great school district. We're seeing investment by General Electric.
 Our company, Prudential Manor Homes Realtors, started 90 years ago right up the street.
 Today, homebuyers can see for themselves the exceptional quality of homes this program makes affordable here in the City of Schenectady.
 We have, as an example, in our high school a number of wonderful offerings that are not available in other places.
 You know, it's just the same thing over and over.
 a fact, the gentleman who was selected specifically responded to questions around why he came,
 Some of the questions come up about the school district. We acknowledge there have been problems in the past, but there's a team in place that is committed to changing that.
 So again, I'm proud to have KeyBank as a partner in this undertaking.
 started about 90 years ago, right up the street where Pinhead Sousan's now stands.
 So a homeowner can go in, make repairs, modifications to a home.
 They're awesome.
 However, we're responsible lending.
 So we've really got a great school system and it is one of the keys to this city. And it should attract more and more people to come and live here. Thank you.
 And as the bank takes you through these steps, as the consumer, you have to advocate yourself and ask the questions and find out where you're going to be with this before you sign.
 Key to the City is a true partnership that works as partnerships should, with everyone bringing something unique to the table.
 program delivery in the school district. Isn't that something that you read about?
 I do thank our partners at KeyBank.
 We're so complacent and we sit back and want the bank to figure everything out for us, but you know what? We need to be proactive.
 Associate Broker Mary D'Alessandro will be here to answer questions and Donna Riccitello will be on the bus this afternoon.
 So it's just creative financing.
 We've been very pleased with the response this program has had among homebuyers in Schenectady.
 an example, International Baccalaureate program. We have an outstanding Fine Arts program. We have an outstanding Cisco program that's recognized by Cisco and sends many people to us.
 We look forward to continuing this type of promotion with the city of Schenectady for many years to come.
 We're fortunate to have John Ugelski as the interim superintendent working with Kathy Lewis and the other members of the school board.
 I'm saying this is just a marketing pitch or something you know this is about one bank and one real estate agent trying to get a lot of people here and the bank is going to rip you off again I
 we were able to attract accomplished educators to apply for the city because they see what's here already and the potential to take it even further.
 But it's a it's an opt one of the key things to this financing program again is the ongoing education program so that people learn to manage money better learn to look at other opportunities for retirement investments other things and it becomes the total financial package and
 There we go, a little bit better.
 I think at this time they will write a note at 100% to value, really with $500 down. They will loan up to $50,000 above that.
 Good afternoon!
 I know that the acronyms that used to exist in the market were NINJA loans, no income, no asset, no job, but you could qualify for a $250,000 mortgage, not once, but twice, but three times.
 happy to tell you we're focusing now on students, on learning, and on teaching.
 We have seven loans currently in progress that we expect to be wrapping up here shortly in February.
 Is there any other incentive in place? Because when I look at the listing of some of these properties, the price for a three bedroom home, I mean, is high.
 If you have questions, comments, we have staff here and we'll be available throughout the day. Thank you.
 I mean that our housing prices are far lower than they should be.
 Commissioner Olsen is here.
 City stands ready, willing, able to work with other realty agencies and other banks.
 And it's with that I'd like to introduce one of our partners, Jay Christiana, President of Prudential Manor Homes, who has been a key driver in putting this together.
 Just thank you again, and we look forward to a great event today. Thank you.
 The numbers of the programs speak for themselves.
 Sir.
 It's in fact a fairly conservative mortgage package with the down payment.
 the city school district to what we all know it can be should be and will continue to grow and
 Anybody else? Oh, sure.
 the next few months. So the
 And I'm proud to stand here and have Key as a partner today.
 They are changing that, dealing with the past problems, and reinforcing what is really an unparalleled offering of courses in this school district.
 But we need responsible homeowners in the city of Schenectady. And I want to do everything in my power in utilizing city staff and resources to attract people to this community.
 Winbrook, Grove Street, Paquoset and Town Field.
 Belmont Story Project encourages Belmont residents to record and share their stories, preserving them for future generations.
 One of her mantras is, chin high, work hard, smile.
 According to Marion Larson, Chief Information and Education Officer at the state's Division of Fisheries and Wildlife, moose are more common in central and western Massachusetts, which is part of the reason the moose in Belmont drew such a big reaction.
 The Selectmen Warrant Committee and Planning Board announced they had voted unfavorable action on all four amendments.
 although start time in August is earlier due to less sunlight.
 Within six months of the opening store's day, they expanded their flagship location at 438 Common Street to add additional space next door at 436 Common Street, and while doing so, incorporated an adjoining door into Revolve, a women's boutique consignment store forming Belmont's first indoor market.
 As young gymnasts, my teammates and I would stand in a line, shins held high, tummies tucked in, and big smiles on each of our faces.
 Taste of Thai Food, a Tattoo, by Joanna Souvelis.
 Many of the ingredients used are imported from Thailand, such as the curry spice, and in the summer all the produce is purchased at Belmont Farmers Market.
 Jonathan?
 To me it was humongous, because I thought it had to be a deer," said Manjikian.
 In case of rain, the kiddie concerts will move inside the library.
 Many years ago, Tomajohn and her sisters envisioned opening an upscale, old-style general store, offering a unique selection of gifts, home decor, artisan goods, and one-of-a-kind vintage finds in a nostalgic atmosphere.
 Belmont's newest visitor evaded local and state authorities all last week.
 Marmalade customers who didn't realize Westcott was moving in were pleasantly surprised when they saw Mary and Lynn's familiar faces behind the register.
 Program Benefits Dogs by Bram Berkowitz.
 To listen to the recordings already contributed to the Belmont Story Project, go to soundcloud.com slash Belmont-story-project. Cindy?
 People who came here 10 years ago can get the same curry. Things never change here, said Tia Bet.
 Most notable was the approval of Article 6 concerning the construction of oversized dwellings in Belmont's single-residence C zoning districts.
 and then later in the morning again on Juniper Road near Mass Audubon Habitat Education Center and Wildlife Sanctuary.
 But oftentimes this grit, which has been so ingrained, can prove challenging, especially after retiring from sport.
 This is why we did not close and reopen as something new.
 The book currently works for the audio brand, Skullcandy, as their manager of sport and human potential.
 Owners must clean up after their pets, accept responsibility for their dog's behavior, and must not allow their dog within 150 feet of tot lots, areas designated for young children.
 The project is estimated to cost $250,000.
 Although these research projects do help to contribute to the new product development process, Cook says the main goal is to drive an important part of Skullcandy's overall mission as a company, which is to encourage people to live life at full volume.
 It also involves going over the rules, like how to report incidents where one dog may have bitten another, he said.
 Article 6 contains proposed amendments to the existing bylaw on single residency zoning. Among other stipulations, the amendments would require applicants to seek, seeking to construct, quote, a very large addition or a new house on a non-conforming lot, i.e. less than 9,000 square feet, that increases gross floor area by more than 30% to obtain a special permit from the planning board.
 might very well move north.
 Cindy.
 We have been told that our customers feel like they're on vacation when they step inside the Cushing Square location, said Tomajohn.
 those who served, those who died, an educational place at Sid Lyon.
 Outdoor seating is also available in the warmer months.
 The article explicitly requires consideration of the impact on the neighborhood of the proposed construction.
 Currently, his popular seasonal menu item is soft-shell crab, lightly battered and topped with mango pico de gallo, available from April to September.
 and currently serves on the board of the U.S. Ski and Snowboard Association, spending extra time coaching U.S. development athletes who are looking to break through on the World Cup circuit.
 But Majorana said the program did not have a lot of oversight and permits were pretty much issued to anyone.
 and as of press time on Tuesday, June 7, was still on the loose.
 Residents can pick up permits which must be renewed annually from Town Hall.
 His daughter-in-law, Paula, is also a commander.
 The Tattoo is owned by the Little Lotus Corporation, which also owns Siam Lotus in Norwood.
 I'm not surprised at all we have a moose and wouldn't be surprised if we soon have a bear. Spainbrook said it's not unprecedented to see a moose within the I-495 corridor, but that this moose went a little further in than normal.
 Another seasonal favorite dessert item on the menu is sweet and sticky rice with fresh mango and cream of coconut.
 We worked closely with the citizen petitioners and the Belmont residents who provided their inputs and ideas in the nine public hearings on this article.
 six-time U.S. champion and nine-time World Cup medalist, including three gold.
 Lee felt she found in Wescott Mercantile an owner and store that would continue to be the home for her curly girl's designs, products, while maintaining a similar flavor and vibe that would carry on in the Marmalade vision for its loyal fans and customers, said Tomajan.
 The memorial benches are $25,000.
 The town uses the money earned from the program to hire a dog trainer to provide lessons to dog owners about everything from park etiquette to understanding a dog's behavior.
 Working with the same designer as the conservation committee for the Clay Pit Pond walking path, the Veterans Memorial Committee developed plans to repair the rock wall surrounding the flag and stone, improve the paths leading to and around the site, and add individual granite stones noting each of the nine wars around the site with memorial benches to inscribe brick pavers with messages honoring veterans who served in the country's wars and conflicts.
 Although the majority of her work takes place in Skullcandy's high-performance lab working with local and elite level athletes,
 Widmer opened the deliberation in Article VI by saying, it is the single most complex issue of his nine-year tender as town moderator.
 She also manages programming for the non-profit Classroom Champions, which matches athletes with underserved classrooms around the country and coaches young athletes at the Utah Olympic Park.
 Majorana said he has had to turn away some dogs, but it is very infrequent.
 The female moose, which Spainbrook said is likely a yearling, was first seen on the sidewalks of Main and Prescott streets in Watertown just after 5 a.m. Wednesday, June 1.
 Belmont High School alumna gives back by Harry Lane.
 The Belmont Center location will have a more modern, feminine appeal, said Szymanski, with unique gifts, fashion, and home decor.
 The committee has raised about $4,000 so far toward the design work.
 The restaurant has a section in the U.P. where private events such as surprise birthday parties, showers, or book clubs.
 It would also restrict the building height of a house to 30 feet to the midpoint and 34 feet to the highest point, limit the placement and require screening of heating, ventilation, air conditioning, equipment and propane tanks, and limit the house to the average of the setbacks of the adjacent houses.
 Summer concerts begin June 22nd.
 Now, he said, dogs must be licensed and have all of the proper vaccinations before they are eligible for a permit.
 He has been told by many customers that Pad Thai is the best they ever had.
 The state's environmental police, who had been hot on the moose's trail at the end of last week in hopes of tranquilizing the moose and getting it out of the populated area for safety reasons, have called off their search.
 The word patu is derived from the Sanskrit language used in Buddhist prayer and means darling, sweetheart, or beloved, said Tanavad.
 The dogs that are well socialized with people and other dogs and get the opportunity to run and play and burn energy, those are the dogs that go home and sleep and relax.
 His son Peter is a lieutenant commander in the U.S. Navy.
 Some of these interstates tend to limit their movement, he said. If their traveling is taking place at 3 a.m. without a lot of traffic, they might feel comfortable crossing the interstates. Spanbrook said the moose is most likely in this area because of natural dispersal.
 Beef short ribs with curry are a popular year-round menu item.
 Planning Board Chairman Elizabeth Allison said, we, the Planning Board, have worked hard to develop a revised single residency zoning plan to address redevelopment in a fair and equitable fashion.
 Born in Belmont, she began skiing when she was four years old, started to compete in the sport of freestyle at 14, and made the U.S. freestyle team at 17.
 said each of her Belmont stores will be unique and only a small portion of products will be cross-merchandise.
 If you are interested in purchasing a brick for sponsoring the project, contact Frenzy at angelorfrenzy at gmail.com. Irene? Thank you for joining us for this episode of Talking News.
 This attitude developed in her days as a young athlete.
 Dogs can run off the leash at fields at the Belmont High School minus the turf field or running track
 Belmont Story Project is a local oral history project modeled after National Public Radio's Story Corps.
 It's not very common for them to show up this close to Boston, she stated.
 For Young Lemonade Stand entrepreneurs, the event offers the opportunity to manage the PPMF Popsicle Stand with 11 current openings for popsicle vendors.
 They have now opened a second location in Belmont Center at 63 Leonard Street, former the home of Marmalade and still the hub for curly girl designs owned by Lee Standley.
 In other words, 10 feet from the front of the house adjacent to the house and minimizing the visibility, Amendment 2. And installation 5 feet back, 10 feet from the front of the house, Amendment 6.
 Whether we had just had our best performance, were injured, or had trouble at home, we would do everything in our power while at practice and competition to hold this pose.
 There is no need to travel 24 hours to Thailand in order to taste the Southeast Asian countries' food.
 The Thai food is a balance between salty, sweet, sour and spicy.
 Although it is not exactly clear what triggers a moose to disperse or where this moose may have come from, younger moose tend to leave their families and travel to new areas to prevent inbreeding with family members, he said.
 The moose was estimated in the 7 to 9 foot range and Manjikian's husband, Rafi, said the moose could poke its head over the family's 6 foot fence.
 Others reportedly thought they saw a large deer or a horse. But no, it was a moose, and a slippery one at that.
 In total, the series produces between 15 and 16 concerts each summer.
 Bransky signed on to be Chief Mercantile Officer and that dream became a reality when she and Tomogen opened the doors to Westcott Mercantile's flagship location at 438 Common Street in Belmont in April 2014.
 We will be reading local news and happenings from the community newspaper.
 For more information, go to Belmont Public Library.
 Our customers are happy to know that this was a mutual merger done amicably between two local business owners.
 Bedevette believes the secret to his restaurant's 13-year success has been good food, great service, and consistency.
 The business at hand for the approximately 300 town meeting members attending was Segment B, Financial and Budget Articles.
 The moose again made appearances late in the morning of June 3rd near Robinwood Road and was last seen as of press time on Concord Avenue at 4.45am Saturday, June 4th.
 As an athlete at the Olympic level, it's easy to define yourself by your sport.
 It's a nice community-based story, said Tomajan.
 The maximum of four dogs is allowed per owner-walker, including professional dog walkers.
 But in 2017, the committee behind the efforts to create a Belmont Veterans Memorial at Claypit Pond hopes to make the site a reality.
 On June 2nd, the moose was again sighted early in the morning on Summit Avenue and Mill Street.
 One of the things we've noticed is that people with Alzheimer's have far more vitality, happiness, and just have a better day when they're listening to music.
 This involves a trial off the leash session to see how a dog behaves with other dogs.
 The reason I'm passionate about this project is I want a place for future generations in Belmont to go where they can reflect on the veterans and people who volunteer in the service for their country.
 The fundraising underway for New Veterans Memorial by Joanna Sulis.
 is a freestyle skier and aerialist who was a three-time Olympian 2006, 2010, 2014, and
 The two-level Belmont Center store will offer whimsical garden and home decor on the lower level.
 Irene?
 Article 6 is a direct result of a citizen's petition approved by the town at the April 2015 town meeting for a moratorium scheduled to expire on June 30, 2016, on the construction of houses over 32 feet high.
 Jonathan?
 The best thing is to try and let it move on its way.
 has also spent time on the board of the Speedy Foundation, the philanthropic organization dedicated to understanding mental illness through education, research, and advocacy, founded in honor of her friend and Olympic medalist, aerialist, Jarette Speedy Peterson, and
 Prior to 2011, Belmont had a similar program in place called Goosebusters,
 The thing I really want to stress to people is that the program doesn't just benefit dogs and dog owners.
 I had a lot of friends that went to Vietnam and suffered.
 According to Tomagen, Stanley approached her to discuss a merger between Westcott and Marmalade that would allow Tomagen to fully transition into owning the store over a three-month period.
 also offers items on the menu for people allergic to nuts, seafood, gluten, and protein.
 Before voting on the article, members deliberated on four recently proposed and contentious amendments to subsections of the article.
 Single brick is $100, double is $175.
 He currently lives in Park City, Utah.
 Cushing Square store will continue to have more of an old-style general store flavor.
 The program is currently at its most successful, having issued 112 permits this year, the most to date, according to June Howell, program supervisor at Belmont Recreation Department.
 Is your dog barking at the window whenever people or other dogs walk by? Does it try to attack the mailman when he or she comes around? If so, there is a good chance that the dog has lots of pent-up energy and is yearning for some more exercise and playtime with other dogs.
 seeking fathers and sons for interviews.
 The concert will be offered every Wednesday evening at approximately 6.45pm.
 Lynn and I have worked diligently to promote all of the unique local businesses in Cushing Square, said Tomajan, founding the Cushing Square Merchants Association in 2015.
 To me, that's the real story, he said.
 kept us strong and resilient and was vital when obstacles got in our way. Positive things that come out of sport, perseverance, dedication, and unwillingness to give up.
 The co-owner Dan Tanabat of Dedham is originally from Thailand and has been managing the restaurant since it opened in 2003.
 They are both currently stationed in Washington, D.C.
 The first concert this season, Battle of the Bands, is set for 6.45pm June 22nd.
 One of the best favorite items on the menu is the whole red snapper, head and bone included, with chili sauce.
 Changes approved for zoning bylaws in single residents by Jack Kelly.
 Beginning July 8, PPMF will produce four children's concerts at 10.30 a.m. Fridays.
 Home-Owned Residents Mary Wescott-Tomajohn and Lynn Simansky have found a way to combine their creative talents into a refreshingly new retail concept.
 satirical Twitter account called at the Belmont Moose was created and had masked 370 followers as of press time.
 Welcome to Talking News.
 schedule a recording session at the Belmont Public Library, contact
 He takes pride in the low turnover of his staff of eight, many of whom have been with him for more than seven years.
 After nearly four hours of presentations, comments, and debate, the meeting
 Jonathan.
 I think it's a great program and I support it 100% said Maduranis.
 What has Cook been doing since she retired from skiing competitively? Perhaps her updated mantra should be, chin high, work hard, smile, and give back.
 Cindy?
 In 2011, Belmont established the Off the Leash program to meet this need, allowing residents and non-residents to purchase permits so their dogs could run without a leash at select parks in town.
 This June and July, the Belmont Story Project will allow fathers and children to celebrate their relationship by recording an interview with each other.
 This event is sponsored by Belmont Savings Bank.
 Despite many construction woes in Cushing Square, the lack of movement on the Cushing Village project, and the ongoing work being done on the Trapelo Road Corridor project, Westcott Mercantile has managed to maintain a steady, loyal consumer base and even expand amid these constraints.
 We don't have records per se on this, but it's been a few years that I can remember a moose in this close to Boston. Belmont Animal Control Officer John Madgeranis said he thinks a moose in Belmont is a result of all the recent development and demolishing of trees in the area, which is destroying the habitats of wild animals.
 Brigadier General Kevin Ryan, Chairman of the Veterans Memorial Committee, said he hopes it will be a place where residents of all ages visit to play, run, jog, walk, or reflect.
 This armor protected us.
 Simply drive to Patu at 69 Leonard Street in Belmont Center.
 Many people come here for that, and not many Thai restaurants carry this item, he said.
 Town meeting moderator Mike Widmer brought the second night of the annual town meeting to order at 7 p.m. Monday evening at the Chenery Middle School.
 Payson Park Music Festival announced its 26th summer concert season at the corner of Elm Street and Payson Road.
 children will receive a stipend.
 Westcott Mercantile Expanse for Second Time in Belmont by Joanna Suvalis.
 Soon after its first sighting on June 1st, the moose had gained a large following, with regional and national media outlets following the story.
 We are delighted to have you with us listening to our presentation by members of the Beach Street Center, Cindy, Jonathan, and Irene.
 schedule a session at the Belmont Media Center, contact Patty Mihalik at 617-422-9332.
 He also said if dogs are not 100% ready to be off the leash, owners typically have the opportunity to work with the trainer hired by the town to get them ready.
 The atmosphere is casual and comfortable with upscale decor imported from Thailand, such as the lighting with silk pendants in the shape of hot air balloons and artifacts such as statues and a carving table.
 concluded at approximately 11 p.m.
 When you retire, who are you? The challenges of major transition in life can be tough for all of us, not just athletes.
 Westcott Mercantile was recently voted number one choice for gift shop in Belmont and received silver recognition, second place, for gift shop in the region including Belmont, Arlington, Watertown, Waltham, Alston, Cambridge, Brookline in the 2016 Reader's Choice.
 who said a good group of dog owners is typically at Pequoset Park between 8 and 9.30 a.m. on most days.
 and the program will issue up to 200 permits.
 The current Veterans Memorial at Clay Pit Pond is a small plaque mounted on a stone dedicated May 10, 1940 with a flagpole and is located near the corner of Concord Avenue and Huntworth Street.
 From there, it was seen galloping through the streets of Belmont, making appearances throughout the day on Waverly Avenue, Trapello Road, Concord Avenue, Juniper Road by Mass Audubon Habitat Education Center and Wildlife Sanctuary, Prospect Street, Crestview Road, and Woodfall Road.
 role also led her to work closely with scientists who study Alzheimer's disease and memory loss.
 They must also adhere to a pet behavior assessment and review of the regulations with Majoranis.
 He wants it to be as inclusive as possible and doesn't want people to feel left out.
 Can Emily cook, ski, soar, flip, and land on her feet? She sure can.
 Promigence said they also plan to fully stock their British Cadbury candy products in Belmont Centre along with their fan-favourite taffy and artisan old-fashioned hard candies.
 Belmont does not have one location in town commemorating all Belmont veterans from all the wars since the Civil War, including the war with Spain, World War I, World War II, the Korean War, Vietnam War, the Persian Gulf War, the Iraq War, and the Afghanistan War.
 All this is sponsored without any financial burden to the Town through the contributions of Belmont neighbors and friends, local businesses, members of several Town departments, and the support of the Belmont Selectmen.
 Moose Still on the Loose by Bram Berkowitz. Lori Manjikian of Pearl Street said she first thought she was following a human.
 This petition, spearheaded by Steven Pinkerton and Peg Kalinan, town meeting members, precinct 7, was a result of the alarm caused by the growing number of demolitions and construction of oversized houses in single-residence C zoning districts.
 Letting it be and move into more forested areas and go on its way is the best thing that can happen, said David Spainbrook, a deer and moose biologist with the state's Division of Fisheries and Wildlife.
 She is an ambassador for Right to Play and Kids Play International and has traveled to Rwanda, Jordan, and Tanzania to help bring the life lessons of sport to the world's most disadvantaged children.
 The dogs get to know each other and the people get to know each other. They have a blast.
 It benefits everyone," said Belmont Animal Control Officer John Maduranis.
 This is a way of giving back to those who deserve to be recognized, need to be recognized, and should have recognition. It's time for Belmont to have a Vets Memorial recognizing all the wars collectively in one location, said Ferenczi, who served in the U.S. Army Reserves.
 They will custom make dishes for people with allergies, Tanabat said.
 These included elimination of design as a consideration in the special permit review process, Amendment 7, allowing the addition of a second story by right, Amendment 8, installation placement of the air conditioning equipment and propane tank replacement five feet back,
 People are really excited about it, remarked Tomajohn.
 I hope to raise the remainder of the funds through appropriate sponsorship and group sales.
 An informational meeting will be held to further discuss the program and allow people to provide feedback on June 20.
 She attended Belmont High School, Carabasset Valley Academy in Maine, and the University of Utah.
 Both will offer gift baskets for any occasion.
 State legislators are working to lay the groundwork for a new retail pot industry, and lawmakers in July passed a new law that tweaks the measure of voters approved last year.
 Last autumn, a storm slammed 8 million gallons of wastewater into the Merrimack River when a Lawrence sewage treatment plant lost power, and 32 million gallons of untreated sewage spilled into the river after the heavy rains overwhelmed a Lowell filtration system.
 His department did a representative sample of all the water in the Belmont Public School buildings to test the lead when the issue was first in the news.
 The town received a bronze award for design of the Belmont Street and Trapelo Road Transportation Improvement Project.
 Even under stress, he is very respectful to people and tries to juggle all the projects at once and give everybody the same attention, which is difficult," said Papa.
 About 2.8 billion gallons of untreated wastewater runs into the state's rivers every year, despite decades of efforts to fix antiquated drainage systems.
 Included in the renovations would be reworking the park's main entrance to make it ADA compliant and accessible to people with mobility issues. Implementing a new landscaping plan to provide more shade and creating more integrated ways for people to socialize, including a six foot wide walking path, benches, and a seating area.
 Now on to Max.
 Thanks, Claire.
 The wall is falling, stones are discolored, and mortar is chipping out.
 Elmont's housing prices have increased by more than 40 percent since 2009.
 future uses will be determined.
 Special home rule legislation prohibited alcohol license transfer was approved.
 Legislation filed by State Senator Patricia D. Gellin, a Democrat from Somerville, would require DEP to alert residents whenever an overflow occurs and publicly post overflow data on daily basis and maintain that information for at least 10 years.
 Community preservation funds are sought for six projects by Joanna Kay Zovellis and Kristi Armstrong.
 The Belmont Citizen Herald asked interim town administrator Phyllis Marshall to reflect on what she believes Belmont's major accomplishments were in 2017 and what future major initiatives and issues the town will address in 2018.
 Now here's part two with Max.
 Listen anytime on the BMC Podcast Network on SoundCloud and iTunes. Just search for the Belmont Media Podcast Network.
 Although the topic is most often discussed in relation to poor countries, modern-day slavery, also known as human trafficking, exists in the United States, too.
 The flagpole will be replaced with a historically accurate pole and then an identical bronze plaque will replace the one that cannot be restored.
 And now over to Claire.
 town adopted and implemented the 25 mile per hour speed limit.
 An advertising video for the gun has become popular recently in social networks because of its humor.
 The grant will fund a significant portion of the $350,000 project to restore and enhance the Veterans Memorial at Clay Pit Pond.
 Veterans Memorial Restoration and Enhancement.
 The memorial is for the entire Belmont community, said Morrissey.
 You can have up to 10 ounces of pot in your primary home, but it has to be locked in a secure location.
 After attending a human trafficking conference, Finneran realized this was an area of great need she had not been tuned into before.
 The stone wall is largely concrete patches.
 They cannot be visible from a public place with an unaided eye or without the use of an aircraft.
 He was hired four years ago with 30 years of previous experience in the field, most recently for the town of Winthrop.
 The Community Path Implementation Committee worked with PARE, P-A-R-E, Consulting, to present a recommendation on the feasibility of optional routes for the community path from the Cambridge line through Belmont to the Waltham line, and possible funding options that may be available.
 Bug Assault, spelled the way it sounds, which fires regular table salt, sells for at least $40 on Amazon and its own webpage.
 This year, Grant Money helped fund the boiler replacement at the Burbank in Wynbrook and ceiling insulation at the library.
 Belmont's Office of Community Development, Historic District Commission, and Land Management Committee for Lone Tree Hill jointly filed the application seeking $200,000 of CPA funds to implement emergency work to stabilize the building envelope, ensuring it is protected and arrest further deterioration.
 And they realized they were in a challenging spot when they submitted applications for grants.
 Once the design study is complete, the project will be costed out and Olson will come back to the CPA next year for project funding.
 Boyle describes himself as a stickler for details, a fast learner, and good at juggling multiple projects.
 A concrete slab for the performers was put in about 13 years ago, but the issue remains that last-minute cancellations due to weather are problematic and costly, according to Olson.
 And new memorial stones will honor the contributions of Belmont veterans in each individual military conflict since the town's founding in 1859.
 The state law, however, does not allow landlords to bar tenants from consuming smoke-free marijuana products, such as edibles, on the property unless failing to ban such consumption would cause the landlord to violate federal law.
 Skel Inc., which sells the product, hit the market in 2012 after Maggiore launched a fundraising campaign on Indiegogo.com.
 The owner's project manager is Daedalus Projects, Inc., and the designer is Perkins and Will.
 When retail sales begin, pot will be subject to up to 20% in combined state and local taxes.
 Despite this, she told me she knows where her trafficker lives, and if he asked her to come with him today, she might do so.
 The wall will be taken down, stones preserved and cleaned where possible, and the walls will be rebuilt to the same specifications.
 The former incinerator site located on Concord Avenue was conveyed to the town by the state, was convened to the town by the state.
 11 evening concerts and 4 Friday morning concerts, bringing in 300 to 400 residents for each evening event.
 When you have too many projects to manage, you really can't give each one the appropriate amount of effort that it should have, and you sort of end up running from spinning a plate and spinning a plate and just getting it before it falls apart.
 Doyle faced many challenges in his career with Belmont, such as updating the fire alarm system at the Belmont High School, adding six modular classrooms at the Chenery Middle School, and most recently working on the contract for four additional modular classrooms at the Burbank Elementary School.
 The playground at Townfield last had an update in 1997. And with so many people using Townfield, especially during the spring and fall soccer seasons, a group led by Belmont resident Courtney Eldridge is requesting $180,000 to replace the old playground with new ADA compliant equipment.
 An agreement was made and the organization gained ownership of on January 30th of this year, naming the home Lila Mae's House after the donor.
 Five quarters collectively weigh approximately one ounce, and a nickel weighs five grams.
 She said she felt compelled to do more, so helped form the Siouxland Coalition Against Human Trafficking.
 Bob Morrissey, chairman of the Foundation Board, pointed to the vision of the Veterans Memorial Committee as the inspiration behind the $100,000 matching grant.
 His biggest responsibility has been maintaining the buildings and managing capital improvements for the town and Belmont Public Schools.
 At 77 years old, the existing Veterans Memorial at Clay Pit Pond is showing its age.
 The plants must be grown in an area that is equipped with a lock or secure device.
 Its latest model includes a laser scope to improve the shooter's aim.
 The Blair Pond Substation Project was completed at the end of 2016.
 He said one of the greatest highlights during this time has been helping Belmont become part of the state green community program, which has helped the town become eligible for up to $250,000 in grants annually.
 McLean Barn.
 Four immediate tasks were to develop a board of directors, locate a potential site, raise money, and file paperwork as a non-profit organization, and incorporate as the same.
 Over to you, Bob.
 He uses the analogy of spinning plates on sticks from the Ed Sullivan show to describe his position.
 The memorial project will restore the historical monument to its original condition.
 Landlords are allowed through lease agreements to explicitly prohibit smoking and growing marijuana on their property.
 This Belmont concert series has been going on for 27 years with a large number of concerts per season.
 The Belmont High School Building Committee formed the project team as required to complete Module 2 of the Massachusetts School Building Authority MSBA building process.
 His video attracted clients and media reports around the world.
 The funds will restore the existing monument to its original condition.
 In cities and towns where the majority of voters oppose the 2016 ballot question to legalize marijuana, the municipal council or board of selectmen can ban retail sales.
 I was in shock and disbelief, but it helped me begin to understand the deep control and trauma that victims and survivors experience. After praying about what path to take, Finneran felt called to form a safe home for survivors, laying the groundwork, mapping out a plan.
 Signage was installed in the Cafflin Street parking lot with instruction and fee information.
 The bandstand structure would go over the existing concrete slab and would have a woodland look to keep the area as park-like as possible.
 And that's been the biggest burden we've had here is that we just haven't had the people to give the full effort of management.
 challenges.
 Town Field Playground Restoration.
 In late October 2016, a homeowner interested in donating a house and 35-acre property contracted Finneran.
 He said the pools should be drained and cleaned every five years. Another challenge Boyle dealt with most recently was lead testing of all the fixtures in the Belmont Public School buildings.
 Here are five things to know about the legal status of marijuana one year after the 2016 vote.
 And now over to Claire.
 renewal of the cable television license with Verizon New England Incorporated for a five-year term was executed.
 The state keeps mostly paper records that are not readily accessible on when and where millions of gallons of raw sewage pours into Bay State rivers. A public health failure that needs to be fixed, clean water advocates said.
 We'd like to create improvements while preserving as much open space as possible, said Ruvolo.
 She said Boyle is definitely one of the best managers she has had. Accomplishments. Boyle feels gratified about what he was able to accomplish in four years, understanding that there is still a lot more to do.
 Finneran said the goal is to start construction soon and accept up to seven survivors.
 And now he is Max.
 The historic memorial shows the wear and tear of its 77 years.
 Fines said the housing production plan also identifies locations throughout Belmont where development opportunities exist to meet these housing needs, fit within the town's neighborhoods, support economic development, and preserve open space.
 The town needs to pay for the capping of the site.
 The construction of a new press box at Harris Field was completed.
 Marshall provided the following list of highlights for 2017.
 Most of those reports are submitted in paper form and that information is not currently aggredized, said DEP spokesman Edmund Coletta. Mass Department is, the Mass DEP is reviewing ways that the information can be aggredized.
 Thank you, Bob.
 Now on to the talking news.
 Because of its secretive nature, it is difficult to know exactly how many victims human trafficking imparts each year, although estimates are in the tens of thousands.
 In 2005, McLean Hospital transferred the property to the town of Belmont.
 Housing Trust.
 Thank you, Bob.
 The Belmont Water Department, for the third year in a row, has received an award from the Massachusetts Department of Environmental Protection for its outstanding performance as a public water system.
 Killing flies and cockroaches is no longer a disagreeable task after the invention of the bug assault, a plastic shotgun that fires salt at the bugs, knocking them out and leaving them ready for the garbage.
 Last month, a $100,000 check was given to the Belmont Veterans Memorial Committee when the committee successfully raised another $100,000 to match the Foundation's challenge grant.
 Thanks, Claire.
 Adults 21 and older can legally possess up to one ounce of marijuana on their person, but no more than five grams of a marijuana concentrate.
 Recognizing a need, understanding the complexities.
 The short commercial pokes fun at absurd television infomercials and action movies.
 Those are the last sales numbers made public.
 The result of their work was presented to the Board of Selectmen for approval.
 The project is bringing people together to pay tribute to Belmont's veterans and create an important public space for Belmont residents.
 State law allows adults to grow their own marijuana at home.
 In July 2015, she invited community members to discuss the idea and how best to move forward.
 The project is being led by Sister Shirley Finneran, licensed social worker and assistant professor of social work at Briarcliff University in Sioux City, Iowa.
 His office has also helped apply for a grant for electrical vehicles from the state, which are currently being used by his departments, the health and water departments, for in-town trips.
 The McLean Barn, located on 4.6 acres on Mill Street, directly south of Rock Meadow, is a historic structure, built circa 1915 and formerly part of the McLean Farm.
 look at the highlights of 2017. Interim Town Administrator reflects on the major accomplishments in 2017 by Joanna K. Zuvalli.
 The first one would start to wobble and slow down, and he used to go back and wiggle the stick to make it spin again.
 Providing that critical information needs to happen as soon as possible, said Gabby Queenan of the Massachusetts Rivers Alliance.
 These firms are experienced in working with the MSBA process and have been working with Belmont officials and the community as we move forward through the feasibility study process with the MSBA Module 3 for the Belmont High School, said Marshall.
 All these shots end with a slow motion sequence of the insects being knocked out.
 This structure is compromised and the brass plaque is beyond repair.
 Employees are allowed to ban marijuana use at the workplace.
 as long as no compensation is received.
 She had been left for dead when she was found by the police, Finneran explains.
 Belmont's Recreation Commission and Belmont Youth Baseball have also been involved in plans for a batting cage and warm-up box.
 Olson is requesting $5,000 for an architectural design study and will seek community input to create a design that Abutters can support.
 Cindy Papa has been working as Boyle's Administrative Coordinator for the Facilities Department since 2014. Quote, I'm going to miss his sense of humor, his consistency, and the ease about him.
 Without an existing house, they couldn't get support. But without support, they couldn't afford a house.
 When chloramine levels at the Belmont High School Higginbottom Pool were tested high the summer of 2013, the entire pool needed to be drained, cleaned, and repaired.
 Eldridge said that the scope of the project will be kept small with the renovations happening only within the footprint of the existing playground area and the fence being replaced on three sides as the fourth side has existing tennis court fencing.
 Since the Cannabis Control Commission is still setting regulations, retail sales aren't expected to begin until July of 2018.
 House and property sit on a hill at the outskirts of our small city.
 One year after Massachusetts voters passed a ballot question legalizing marijuana, legal pot sales remained several months away.
 Unfortunately, DEP has staffing and resource limitations, which we're sympathetic to, but this can't sit on the back burner any longer.
 Thank you, Max.
 There are six applications seeking funding from the Belmont Community Preservation Committee for fiscal year 2018, ranging from $5,000 for designs for a Payson Park musical festival bandstand to $780,000 to construct an intergenerational walking path at Grove Street Park. Grove Street intergenerational walking path.
 Belmont Center parking management plan was implemented.
 Veterans Memorial receives $100,000 matching grant by Ellen Schreiber.
 brush is also growing over the structure and could compromise the integrity of the wall.
 She set a goal of 2 and 1 1⁄2 years.
 Currently, they are working to raise $300,000 to finish the basement, adding five bedrooms and two bathrooms.
 The enhanced memorial will also be a focal point along the soon-to-be-built intergenerational walking path around Clay Pit Pond, with benches for quiet rest and contemplation.
 Tommy Olson, founder of the Payson Park Music Festival, is requesting funds for a design study to construct a bandstand for the Payson Park Music Festival to provide performers with coverage and electricity, and to protect their instruments and equipment from sudden changes in weather.
 And at the top of his list is the more than 50% reduction of the OPEB liability by $96.7 million, thanks to the hard work and efforts of the Accounting Department and OPEB Study Committee, led by retired Selectman Ralph Jones and Siegel Consulting.
 The State Department of Environmental Protection collects annual reports on how much tainted water has passed through more than 180 combined sewer overflows, pipes that allow waste water to dump right into rivers.
 It is also against the law to have an open container or unsealed package of marijuana or marijuana products in a car, unless it is in the trunk.
 Going forward, all alcohol licenses will return to the Board of Selectmen.
 It can also be heard Mondays and Tuesdays at 4.30pm and Wednesday at 12.30pm on Channel 9 Xfinity and Channel 29 Fios.
 Social Worker Nun Starts Home for Sex-Trafficked Survivors, by Maureen Dale, news contributor.
 Along with my colleagues, Claire and Max, we thank you for listening to The Talking News and hope you've enjoyed the show.
 More than 40% of renters and nearly 30% of current homeowners are cost burdened, meaning they pay more than 30% of their income for housing.
 Director of Facilities Gerald Boyle, 62, officially retired on December 29th from his position created after the consolidation of the Town and School Facility Departments.
 People processing their homegrown pot at home to make an extract cannot legally use a liquid or gas other than alcohol. That has a flashpoint below 100 degrees.
 State law prohibits people from using the drug in places that have banned tobacco use.
 and with the matching donations, it puts the committee well past the halfway point.
 The Belmont Veterans Memorial Committee is seeking $103,000 to help restore and enhance the memorial dedicated in 1940 located at Clay Pit Pond in the park designed by Loring Underwood.
 Thanks, Claire.
 It is a place of healing," Finneran said.
 Five Things to Know About Marijuana in Massachusetts by Jerry Toofty
 Having this information in a more transparent way on DEP's website needs to be prioritized," Queenan said.
 Clean Water Advocate, Flow of Info, a Public Health Risk by Dan Atkinson and Jordan Graham.
 Donna Ruvalo is spearheading a proposal for revitalizing the Grove Street Park to improve the overall look and feel for everyone in the community to enjoy.
 Solar parking meters are now being used along Leonard Street.
 As a social work leader, Finneran had the background necessary to move the project forward, but knew it would take time and hard work.
 Once again, the Belmont Savings Bank Foundation has left an indelible mark on the town.
 The flagpole is also aging and the bronze plaque is pitted.
 Although funding has been challenging, resources are coming in from a variety of sources, including foundations, generous individuals, and fundraisers.
 the Jason Park Music Festival Bandstand.
 Board of Selectmen Chairman Jim Williams also weighed in on the major happenings for Belmont in 2017.
 Over to you, Bob.
 But that data is organized in one central – not organized in one central place.
 And now we'll declare.
 Building committees were appointed for a schematic design for short-term solutions at the public works and police station facilities and a new library building.
 We return next week for another edition of local news happenings around Belmont.
 Watch and listen to the Talking News every day at 12 noon and 6pm on Channel 96, Comcast Xfinity, and Channel 30, Verizon Fios.
 Thank you, Bob.
 Back to you, Bob.
 Smoking pot while driving or operating a vehicle while under the influence of marijuana products, including edibles, remains illegal.
 According to Judith Fiennes of the Belmont Housing Trust, a draft housing production plan was recently completed which shows that nearly 25% of Belmont's current households are eligible for affordable housing.
 Town and Schools Facility Director Retires by Joanna K. Zavalas.
 The Belmont Savings Bank Foundation understood the importance of the memorial for Belmont's veterans, their families, and the entire Belmont community," said Angelo Firenz, chairman of the Belmont Veterans Memorial Committee and a former Belmont selectman.
 It is one of several veterans' memorials in Belmont, but it is the only one located in an area suited for quiet contemplation.
 The public consumption of pot is illegal, period.
 Launch Assault on Bugs with Plastic Shotgun by Johanna Alvarez.
 In communities where the majority of voters favored legislation in 2016, a popular referendum is required to ban or limit retail pot sales.
 She has taught social work for more than 25 years and has been an active volunteer in peace, justice, and women's issues for more than 50 years as a Catholic nun.
 The video shows inventor Lorenzo Maggiore firing the plastic shotgun from various positions, including from behind a tree.
 funding will be required for the next steps.
 By the end of that year, the California-based company had received orders for more than 20,000 units and raised $570,000.
 We are a community bank with a long history in the Belmont community, and this is exactly the kind of project we want to support.
 There's a limit of six plants per adult over 21 or 12 per household.
 The group consisted of domestic abuse shelter social workers, trauma therapists, law enforcement, community activists, residential care social work managers, child advocacy center staff, and others who wanted to help.
 There are many other projects he helped with, including the Harris Field Press Box and currently the restoration at the fire station.
 It is listed on the National Register of Historic Places as part of the McLean Farm National Register District, according to Lauren Meyer, co-chairman of the Historic District Commission.
 One new program designed to help women survivors of sex trafficking is a residential healing home that will soon open near Sioux City, Iowa.
 This is a public health risk.
 Thank you, Max.
 He compares it to how the guy would spin one plate, then put the second one on and spin it, and the third one on and spin it.
 But the product's real job is to kill flies without damaging anything around them.
 Belmont Municipal Light continues to plan the work to complete transmission line work and retirement of the three substations located at 450 Concord Avenue, Hittinger Street, and next to the Chenery Middle School over the next five years.
 In its current shape, the memorial does not properly honor the memories of our servicemen and women.
 You can legally smoke pot on your own property, but it can get complicated if you rent.
 It's legal under state law to give up an ounce of marijuana as a gift.
 Shortly after, she met a woman who was sex trafficked at age 15 and is now a social worker in her 50s who helps other victims.
 would include an acoustical ceiling and have handicap access.
 And it's been a real struggle to have to run from plate to plate, said Boyle.
 The $35,000 construction site plan was approved last year by the CPC and the Grove Street Renovation Committee has been working with the Belmont Department of Public Works to bring the project to fruition.
 Mays house.
 Possession of limited quantities of marijuana has been legal in Massachusetts since last December, but it remains against the law for anyone without a retail license to sell pot for recreational use.
 An ultraviolet filter was added to the water line for the pool, which has helped reduce the chloramine levels.
 The Recreation Department and the Community Preservation Committee are supportive of the proposal.
 There are other ways to address people not showing up in court.
 Those are the highlights.
 Because the study was done, it made getting that fence down the middle and making the walkway for the students safe, and pretty much proved that while there has been some impact to the business owners there, it still works down there with the part of the road shut down.
 And as I said earlier, one of the goals is to submit an application for accreditation by year's end.
 to try to spread the task amongst the entire command staff.
 One of my first requests really is to find some powerful training, because mine was only anything like that.
 I didn't do.
 We're actually down 35.1%.
 But again, we went through the training provided through mixed organization back in April. And our RIPPAC grant actually is up in the contract period of July 1st.
 of the existing larger more established trees being reserved? Yes.
 So the pedestrian axes is really enhanced with more detail. We use ornamental grasses in the sculpture, celebrating Schenectady's, the arts movement that's helping to revitalize Schenectady, and also a lot of the history in the city. And using plants that are relatively low maintenance, and the DSIC has had a lot of success with it that don't require a lot of extra work.
 And so that's how we talk about the grasses because they're very simple plants and maintain that they have a rich texture and multi-season.
 media relations was formally under an assistant chief. I'll keep that.
 It will be on the resolution on Wednesday.
 So we're going to do this training in March.
 Okay, second.
 Also, we keep in mind that if we do do some mixed-use infill behind it, we need to raise the finished floor, which actually creates a great opportunity for being able to incorporate parking below the buildings so that you could meet that city requirement and not lose those valuable parking spaces.
 Phase two, a lot more money, and it's further out.
 And in this particular case, the good news was, yes, one of the peasants.
 doesn't commit to anything.
 and the corner parcel there. And Water Street, which has now been closed down now that the dormitories have been completed and students are going up to the intersection.
 I'm asking for what we passed asking for is a bridge loan for about three weeks and
 They talked about Liberty Park, the calls received early in the summer, halfway through the summer. The calls for service down there was astronomical.
 I've been always familiar with it being done every two years. And apparently last year when they did the resolution, it was only for one year.
 The most recent was again in April, which connected the Albany, Troy, Berkermere, and other sheriffs and state police agencies.
 One of our focus points was Carl Isis.
 Two years ago we had about 100 hours of analysis a week.
 usually when we have grants and we have these drawdowns we create these budget lines that pay up front and then get reimbursed later.
 And we get more to over here too that are also large trees.
 So now that we have a fence, if it seems like there's enough traffic, that can be revisited.
 We went to a neighborhood association meeting in November.
 So as you can see, that's phase one, which, because the way that the axis is tapered, allows a nice buffer between the existing buildings and the pedestrian way, so you would feel like you were in the park and less like it just stopped right at the edge.
 That was not inclusive of buildings which are on the list.
 through their experience, typically tickets that are one to five years old, or 20 to 25% of the tickets that are one to five years old are collected on through any sort of collection efforts.
 So this is one thing we're looking at.
 move the fleet management to that bureau.
 I would say named Brian Kilcullen, the new police chief. And Chief Kilcullen is here tonight.
 Any of this land designated parkland? Liberty Park is designated parkland. I don't know where the rest of it is.
 We had an intensive three day workshop to kick it off where we looked at existing conditions and brainstormed about some potential design ideas and then worked over the next couple of months in developing those and also had two public meetings as part of the process, getting feedback on the existing conditions and preliminary ideas and then final feedback on the final design. It was a very positive process and great to be engaged with all the people who participated.
 Questions?
 We started this about September.
 So again having the misuse on the back we think would really bridge that gap between the college and the downtown sort of encouraging people to come, you know, this is a place to be.
 This year, 25 new and revised policies, meaning accreditation standards,
 can't see them.
 the
 I'll second.
 We have an annual round table with the number of impacted, with half the impacted agencies go to one meeting, the other half goes to the other.
 nothing's nothing's fine
 business to come before government operations. Now we'll read you.
 It wouldn't have formal steps or seating, but it would be slightly sloped so it could function as an amphitheater. And again, some quiet seating areas.
 The next one is just a call for public hearing to abandon paper streets in certain city-owned properties.
 to be a lot of the vegetation that's been cleaned up, which has definitely improved the conditions, but the berms still create limited visibility and if nothing else, the perception that the park is not a safe and inviting place.
 Thanks.
 Yeah, apparently we are. We just got up today, so.
 And because it would be slightly elevated and overlooked apart, it would be a great opportunity for some interesting restaurants with overlooks.
 So what's the plans for that in terms of redeveloping or adding onto existing park land? There's no out of existing grants that we have.
 This is shown to be successful in Chicago and some other areas around the country.
 motion to go to the reclamation.
 Anything else? Okay, thank you very much.
 You almost feel like a fountain, but not come with the maneness of a fountain, just a quiet place to sit.
 Our car crashes, again, through VDACs, we actually decreased our car crashes by 13.5% down from 3,515 to 3,041.
 And Albany's just getting going with it, and they actually really took the reports that we're doing, kind of doing exactly what we're doing. It's a real good report. We were showing a number of reports, a number of thousands of products produced really throughout the country. And Matt Douglas did a great job kind of taking it, taking it, and then making his own. And it's a great, it's a great job.
 I mean, it has to have a body line in it, most likely.
 I think it's a good idea to partner with different organizations.
 So this is just a call to abandon those paper streets.
 Nobody has money to spend on the bridge.
 All in favor? Aye.
 We have 18 furloughs.
 So I don't want to lose anyone there.
 I just wanted to say that I attended both public meetings that Mary Moore kind of glanced over quickly, but they were very, very well attended meetings.
 We're back up to about 60 hours of analysis a week.
 As I said earlier, we respond to 85,000 calls for service. So we want to exploit that.
 I
 funded by Metroplex and Capital District Transportation Committee. And I'd just like to recognize Teresa LaSalle in the back corner who is our staff, is their staff person who helped us through this.
 Any other questions?
 But right now it's so dense, you can't see five feet into the tarp.
 us in Syracuse that are participating in the study.
 So we can use it kind of both ends of the spectrum.
 Second item is Northside neighborhood designated survey area.
 And that's where we're also proposing to relocate the Statue of Liberty so she's a little more in scale with her context and so she's more visible.
 I understand that, but I just don't know where it's coming from.
 I apologize.
 It's a flexible operational model to reduce social harm in communities.
 And a big emphasis of this is that the majority of the plants are really geared to being sort of like heights are kept below the knee and well above the head so you have that open middle section around the heart.
 But going forward into 2013, we'll continue to have a field services bureau with an assistant chief, investigative services bureau with an assistant chief, and an administrative services bureau with an assistant chief.
 Oh well.
 So that's what we're doing.
 step to this business and another step to the next business.
 what our next steps. Well, next step is to work with some partners.
 So there's no other business to come before government operations.
 So today, a lot of these things aren't necessarily situations that we can arrest someone for, but it may be a problem location.
 I do not know the procedure for this.
 I was neglected to introduce Nick Mascherone, who is with the New York State Association of Chief of Police. And Nick serves as the law enforcement liaison with the Governor's Traffic Safety Committee. And he's been working with the department in terms of some of this data driven analysis that we do in the deployment of the department. And we're thankful that you're here tonight.
 So then the four rooms that this divided into, at the top you have the bus area, which is kind of the busy street-scape room in the park. And really, by having the two axes also takes some of the pressure off that. Walking down the street with all the people waiting for the bus can be quite busy.
 But again, the idea is, like a customer service survey almost. How are we doing? And the idea is, look, if the level of satisfaction increases, then the general population tends to cooperate with the police more, tends to obey the law when the police aren't present. And that's the whole idea.
 Mary Marwallinger.
 City Council has approved previously funding through Empire State Development $87,000 for the renovation of 18 Alden Street, which is just about done now.
 And if you ever wanted to do anything in the public parks, you could certainly put new streets in different locations or the same locations.
 And then the last was green separated, which would be a bridge.
 so it would be a combination of the city and GSIC.
 And at the end of the year, we actually had a 9.2% reduction.
 You're going to be lighting throughout the pedestrian access in particular and then you have lighting along all the sidewalks on the edge of the streets as well.
 All favor I have it
 We had enough, okay, enough of the gun violence. It's gotta stop.
 And again, we're very, very pleased with that. And that's it.
 to make daily, or the daily newspapers.
 All in favor? Aye. Opposed?
 So the message from the U.S. Attorney's Office really hits home.
 So the trail is terminal because it is still in the park and it's going to stay there. We thought it would be a great opportunity for them to include a newsstand or a coffee shop just so if you're a student you can grab a coffee or if you're catching the bus or changing buses there's a place right there.
 We're not alienating anything, getting rid of anything.
 At the same time, we think it's going to open it up and make it lighter and make it more inviting, but you'll still have the sense that there's a really nice, well-established canopy over the park.
 And so there would be kind of a quiet plaza at the bottom where you have a sculpture.
 resolution almost like we have that line in it.
 We responded to 85,000 calls for service over the course of the year.
 easy to read, it clearly identifies the target areas, shows everyone where to be and when, and it's worked for us.
 The attempt here is just to consolidate all the lots into one lot and make a Cheltenham Avenue landfill instead of 34 parcels and this area between Kailburg Park and Steinmetz Park.
 So we felt like, well, the fence is also the cheapest option.
 It was like 400,000 for one, and 1.6 million, roughly, for phase two.
 And again, I tried to take some things from that year because again, that's where accreditation falls. And we definitely want to finish, as I said before, we've been talking about this for over 20 years and we've made more progress in the last three than we did in the previous 17.
 I agree.
 Information
 It's us, it's US Attorney's Office, the District Attorney's Office, and ex-offenders who've been there.
 I spoke with Eric Schilling, he's going to participate in our in-service training.
 discussion or questions? Okay, I'll sign in.
 And again, we're the first ones in the state to use this.
 actually a relatively small and so three big trees is going to give you a nice ceiling effect.
 It's not finalized yet.
 So for a quick presentation, I'm just going to hand it off to Mary Moore from Synthesis.
 I think it's on.
 So the good news for that group would be, hey, look, things are relatively quiet here. But for that reason, we can't necessarily be here any more than we already are.
 I waited until he had a quiet night to present all these things.
 So this gives you a chance to go slightly off route without having to go too much out of your way and allows that area with less objects to have its own space.
 I'll go through some of these and then the last bill actually is D-X. Nick, if you want to talk a little bit more in a second.
 a proven operational model that's taken place going across the country.
 I mean, we were certainly talking minimal amount of money.
 So by going to this format, even though you're going to have a larger area, it's conceivable we could do it with the same amount of manpower and resources that we're doing on a much smaller format.
 Thank you again for restoring the 30th as a chief position.
 You have to designate that paper so you can solicit bids well and get things but you have to give it to the Daily Gazette
 I'm going to
 We really see that as something that can really be market driven.
 We've been having some discussions about getting phase one rolling.
 And us, Albany, maybe two more places we're selected to participate.
 in Nick Lee, there's some information that he has also, compliment things that the chief is talking about.
 Press the button, does it work? If it's not, it's a violation. We'll refer.
 I'm a bar member.
 Just to start with, a few years back, we started doing a few studies on the Lower State Street area to get ahead of the development that's now starting to occur there.
 Looks beautiful.
 We thought that an interesting idea for that might be to use a sculptural wind turbine that would celebrate the arts as well as connect to these role in sustainable technologies. It might also be an interesting opportunity for looking for sponsorship perhaps from GE or someone who'd be willing to financially contribute to the project.
 And this was a big thing. We participated in an NIJ-funded police legitimacy project with the Finn Institute. This was highlighted at a national conference in Washington. We call it our customer service project.
 Right now DSIC does a lot of the maintaining the sidewalks and weeds growing in the pedestrian way, and there's certain beds that they maintain. And then the city really handles any of the mowing.
 will never be the development of the part of the dom.
 We also looked at at-grade crossings where you might have a crosswalk in the middle of the road as opposed to at the intersection.
 Thank you.
 You're here because you were identified as a violent offender.
 And again, the goal earlier in the year, 10% reduction in part one crime.
 Yes
 We're looking to do some other things with towing and some other things, but I'm not ready to talk too much about that yet. But we do some things differently over the course of the year.
 If anyone has any questions, I'd be happy to try and answer them.
 of budgetary figures for phase one and phase two?
 We've got a number of, take traffic bylaws for example, or even traffic misdemeanors. Warrants are being issued. We talked about possibly suspending a licensed driver that issued a warrant. Anything we do to reduce the number of warrants being issued.
 I'll keep that in mind.
 He can do one of his shows with his hands.
 Now even though we were short of our goal by eight-tenths of a percent, crime was actually up slightly in New York City and down just slightly in other, throughout the state. There were actually some impact sites that had some slight increases.
 So maybe start an application again.
 Okay?
 looking at the picture and it was beautiful.
 And so we created a series of two cross axes using Water Street as the main pedestrian axes and used these as sort of two contrasting walks that would divide the park into a series of rooms.
 This is just a public hearing, right? A public hearing.
 And this too was training, funds for this training provided by the state to RIMPAC.
 We've worked with DSXE on a lot of other plantings downtown. We've tried to create some of the beds so that they're more maintainable and also so that if you do get the occasional weed, it's not really noticeable.
 Some of the functions I had as an assistant chief I'll keep as the chief, budget, procurement.
 The initial thing right now to do is start working to try and do phase one because
 I'm going to do a little bit.
 So having a park there is actually a perfect use for that space.
 There are four buildings within the study area, the two AAA buildings which are currently owned by Metroplex, the Scout Hub Insurance Agency which is currently for sale, and the Trailways Terminal building where the grant process stops. So the project was looked at in two phases.
 And my application, we're talking about $20,000, but actually it's only $11,199.
 And the good thing about this is we can go to the neighborhood association meetings and everyone wants more of a police presence. We'd all like that. But we can tell neighborhoods why we can't be in their neighborhood more than we already are.
 So what I'd like to do is basically just designate a survey area.
 And again, when I saw your article in the paper about your Mount Pleasant neighborhood and the impact it's been having on that and the number of reduced calls for service, and talking to the assistant chief who was at the workshop along with his team, I was really impressed, reached out and said, yeah, we're utilizing it, we're moving it forward, and we're there to support that in any way we can.
 We work with the many identified stakeholders we think should count.
 It's usually we always do it every two years.
 And where exactly is that money coming from to give the bridge loan? Where is the money from the city coming from? Out of what line? From where? Well, that would be something I'd have to create in the resolution and ask ISMAT for the exact line item. It's just basically going to come out of the general fund as a
 We have a lot of car lawsuits over the course of the year.
 We're down about 40.
 So we kept that, so you'll still have that really wonderful sense of the canopy and it'll make the park seem more established and less barren.
 The idea of a mid-block crossing, surprisingly, was actually something that DOT was receptive to, but they felt like it needed further study.
 And then the other thing I mentioned with Nick here, if you can allow me to look at one, Nick, it's we instituted a data-driven approach to crime and traffic safety. And the idea is, what we do is we map out our crime throughout the city, we map out our crashes, overlay the two, and where they overlap, that's where we do our enforcement. And that, it's shown to reduce crime in those areas.
 There's a cost associated with that, obviously, about 20% commission.
 This was prepared last month and we met a few times trying to identify an agency who might help us on the collections.
 And phase one is certainly very doable, especially since Water Street has already been closed and the city already owns the park.
 I think that was the thing.
 But most of the needs are easily communicated to the Bureau Commander of those using the cars.
 Wait a second.
 got to one of them.
 was one of the hot spots.
 This is a rendering of what the vehicular view corridor would look like with the sculpture, drawing your eye to the sculpture in the center of the park.
 So as Steve mentioned, it really grew out of the Route 5 Transit Gateway study.
 Is there any chance that the bridge loan, they wouldn't get the money within the three weeks? And what are the risks? I don't really believe there's a problem.
 That's where they're pretty much camping out right in there.
 be the first formal meeting of the council will be next Monday.
 We've received over a million dollars in grant funding over the course of the year.
 Yes, I see a lot of the flowering as well.
 or any other
 All in favor? Aye.
 We've, they like what we're doing, and for that reason I think we've been successful in leveraging more resources from them.
 Okay.
 And as Mr. Stregman mentioned, the park now, with the berms and the vegetation, it really isn't as safe as it could or should be.
 And the historic railroad street, we thought it would be interesting to make some kind of tribute to that, just with a decorative pavement or something that would allude to the history of the subgrade railroad that used to run through the site.
 Because once they get in a felony and then they possess a gun or even a bullet or a part of a gun, an inoperable gun,
 and the area between Steinman Park and Kaleberg Park, which has six tax parcels and four paper streets.
 And then with the open lawn, being able to use it for outdoor classroom space, just for playing a ball game, for having events that the city or the college could even host, sort of an after five type thing, that would have a lot of use.
 And we didn't come across any outstanding conditions that were there, requirements from previous grants that we needed to keep in place.
 Cheers.
 It wasn't expanded over further, but over to 2013.
 our official city newspaper, and I will second that.
 And one other program we're participating in is, again, it's a federally funded project sponsored through DCJS, called Ceasefire, really.
 to be.
 It was pretty well secluded.
 We expanded our neighborhood camera system by 27 cameras.
 I just got to say that we're extremely impressed with the way that Schenectady is using data, collecting and analyzing their data, directing their resources more efficiently and effectively.
 Thank you.
 And then you have in the center, the large open green, which since this Seneca County Community College doesn't really have a big, flat, open green, we think it would be a really great way to draw the college into the city and to provide a place also for people from the stockade to come and potentially to host different events in that area.
 They just sent us money and are ready to do that other process, that other one rapidly.
 I would say probably somewhere between 40 and 60 people, both meetings. Then a lot of input was given, and a lot of back and forth.
 Thank you.
 And so we're targeting parolees coming out of prison who are identified as violent offenders. We're bringing them in for a meeting as they get out. And the first meeting was actually last Monday.
 have all these tax parcels out there.
 So looking at all these, we came to the conclusion that regardless of which option you go with, you would still need to have a fence because the temptation is too great to just run across the shortest point.
 So we, again, as of December, I forget the exact date of December, as of last month when we prepared this, there was $952,389 in tickets that were one to five years old.
 Again, we're hoping that the
 So this study, which is the outgrowth of a previous Lower State Street study, was funded, did not cost the city anything other than our staff time.
 And then eventually, I'll be doing the same thing in Woodlawn Preserves, except in Woodlawn Preserves we're foreclosing on three properties right now that would create that problem.
 And as one of our early meetings, I've given you a copy of pretty much what we just talked about.
 It is Sprocker.
 is Matt's not here.
 We actually had over 6,000 arrests resulting in over 10,000 offenses over the course of the year.
 done four workshops in a year.
 So you have to modify it, but it will be in there.
 We're gonna make that Metro main.
 So this is just an aerial view of the park the way it is now and a couple of close-ups of some of the structures.
 I remember in July, Mayor McCarthy discussed his Northside initiative and we were looking at potential other funding sources that we'd like to look into, one of which was tax increment financing.
 Then the area to the left would be more of a quiet.
 to the executive session.
 And it also might be a great location for the college to consider including its bookstore or again another way to, especially with student housing and having over 240 beds there, it seems like a very easy fit for a pizza shop or a place to do your laundry or just any of those kind of college uses that would help bridge that gap to the downtown and also add some nightlife.
 So we talked with Central Pikes about potentially doing some funding.
 And again, we've been one of the few areas in the state that have selected to participate in this.
 So these were just some of the key concepts we looked at really providing visual safety, pedestrian connectivity, accessibility, flexibility of uses, creating an important gateway that would welcome people to the city.
 So this one says Chief. This one says Assistant Chief.
 which actually meant to do this last year, which was their 175th year of existence.
 And rather than combining two and giving it all to one person, what I did is I took some responsibilities from the two that were combined and moved them where I
 and that's that's
 Item on the agenda is a presentation about Gateway Plaza
 Okay, and my final item is MCTAT, Minority Contractor Technical Assistance Program.
 done mostly at EIU.
 We don't know necessarily what we're looking for in the house, what the code issues are. But Eric's going to come to our in-service training that we're starting this month, our annual in-service training, and kind of give us some ideas what to look for.
 It's just Denise.
 I'll move that.
 It's your community, it's our community.
 When you got further into design you had to decide exactly what style to wear and what style.
 I hope you all have a successful year and talk about next year, what a success it has been and all these goals that we've been setting.
 Once they're abandoned, then we would do a consolidation of the lots.
 And so the three main options that we looked at, we worked with Craig Manning, who really specialized in transportation planning and engineering. And so they really studied it and looked at traffic counts.
 I'll tell you, the message from the US Attorney's Office, you see the jaws drop.
 As I said, generally, field services will stay the same.
 But I think most of you did see it today.
 So are you saying that they would kind of do something the entire part of it or just? Well, they as well as the city were part of the steering committee. So there was a lot of discussion about how do we create something that's maintainable and is not going to draw too much.
 I think it's inclusive.
 and
 No one else standing in the warrants has been up. Haven't come down a whole lot.
 But even after that commission, we expect to collect between $247,000 and $353,000.
 Empire State Development has been funding us the money.
 So this tree here is the really big arching tree that you see from also we
 So then the vehicular access would contrast with that in that it would be a very clean, open lawn, directing your eye directly to the focal point in the center of the park.
 Chief Head of New York J.U.
 Because we're producing a number of intelligent products with our crying mouse now.
 So we can't do anything about it in terms of the rest. Well, what else can you do? So again, explore the fact that we're in these houses all the time, especially problem locations.
 So I don't think there's any risk.
 Now, as far as our goals, again, we're going to continue to target part one crime, reducing it by 10% again.
 We have been doing work since July and we should be back in a couple weeks with just some presentations on how redevelopment could work, how it could be funded.
 So really looking for ways to open up the park and make it much more user friendly and to cater to a whole range of audiences.
 all the information.
 We're dedicating a lot of resources to that one area, again, which could have been avoided had that design been proper.
 And it's easy to, when you plant them, you can plant them so they don't catch a bunch of trash and that sort of thing.
 Well, could you say it again?
 training, the Crime Prevention for Environmental Design.
 Last year was only prior year.
 This is the existing conditions area.
 So since the work is done, Empire State needs to see the receipts for payment. MCAT needs the money to make the payment.
 because it happens to be one of the hot spots.
 But the rest, obviously in phase two, there's really not many crews over there now. It's all here.
 But at this time, defense seems to be actually working very well, even with the temporary measures that have been put in place.
 Thank you for everything on this study.
 And appointment of the official city newspaper.
 I can submit that back to you.
 And I know some of you have some in your neighborhoods.
 But by deploying this strategy through our impact application, we're able to leverage more resources from them to provide another half-time person.
 The estimated service would pretty much stay the same.
 We did a presentation at the announcement today, kind of summarizing some of the things the department has done last year, the last several years, and outlined some of the goals and objectives for the coming year. We wanted to make them available to the Council tonight to answer any questions or comments and just start the ongoing dialogue.
 Order government operations and first item is election of new council president
 And so why don't we start with this medicine since we're going to have to have it anyway and see how it works and then determine whether something else would be necessary.
 We're going to go through and reduce housing warrants by at least 30% this year, again, by doing a number of different things.
 But even that being said, there's still plenty of spaces within phase one where you have sort of smaller, informal, similar events.
 actually delayed this presentation by about a month and a half because of all the budget issues and we understand that the city doesn't have money to do this so we're going to have to leverage as much as we can to get some kind of services and grant funding.
 And so, if you're going to be able to do that, you're going to have to be able to
 It is just a haven for activity.
 We thought this was usually done at a first of the year reading.
 At the time, crime was down about 7% in the city, and in Mount Pleasant it was down 12.5%.
 We work with a great large group of study, the steering committee organization, and we work together very closely.
 Once the money comes in, it will be paid and the voucher will be submitted to Empire State Development Corporation.
 Move.
 favor? Aye.
 a lot of history within the park day all the way back to the founding of the city and including more recent things like the Statue of Liberty that was dedicated by the Boy Scouts and
 Obviously we'd be looking for partners to see if any of the community college or another developer in the area might want to adopt a piece.
 So you'll move that, Ken? Yes.
 I like what we're doing.
 Fleet management formally under support service will come under the field services bureau partly because most of the cars are patrol cars.
 But briefly, I can go through and again talk about some of the activity results from last year.
 This continues, this is what's going to happen.
 So that's one thing we'll be doing.
 City owns the lots though.
 So I've already discussed what we can do with some of the agencies involved, one being the court.
 In terms of the park maintenance of the park you mentioned DSIC so
 Phase two was, phase two I think was about 1.899.
 We wanted to keep that because we feel like it's a big part of the park and it looked like the grades would work fine because a lot of the barns are built over a lot of the prunes and that area is in an area that's actually the base of the trees roughly at the grade that the amusement park would be at.
 So as a vehicular user coming into the city, you would automatically be directed to this big icon that would welcome you into the city. And that would join the two axes in the middle.
 getting applications now to start getting tenants in that their board has to approve.
 So we're gonna work more closely with codes and the other city department.
 It might be in one, but I think it really should be gone in two weeks.
 which is one of 17 states where non-New York City crime occurs. And we had some pretty good successes over the course of the year.
 But to go through this training, so let's use this strategy. But to use this strategy, we're going to need to leverage more resources from the state to provide more analysis, right?
 We're doing the right things, I think, with some of our strategies, with our DDACs and expanding that to scope.
 Questions? If not, I'll entertain a motion.
 So another layer is, as you may remember from Hurricane, or Tropical Storm Lee and Irene, that area gets a lot of water.
 It's somewhere where the design that's in place now at the berms is very labor intensive to maintain it.
 Thank you.
 And until we had made, we actually made a few arrests, we were there regularly.
 approving it pending the information.
 We've got the training scheduled for the last week in March.
 I'm sure it wasn't a great little joke.
 It also goes to neighborhood associations, and when they ask for the same request, we tell them, unfortunately, we are trying to do more with less. We're using this approach to really pinpoint where we need to be and what we need to be there.
 We propose a gateway park to be located at this important intersection in the city and to include some mixed-use infill around the park to help bridge the gap between the community college and the downtown.
 Because this is the last drawdown, they will not front us the money. They like to hold something back.
 and excellent work with you.
 It looks big because it's been opened up here.
 So we took as a basic concept this idea that the park had to cater to two very different users. The behavior user who is driving by the park at a very fast speed and the pedestrian who is lingering and walking through the park and looking for a more detailed experience.
 We were actually down by 35%.
 So he was really at his max.
 So same motion.
 what we're going to lose on interest in two or three weeks.
 Okay, thanks.
 And other than that, like I said, the administrative services bureau will generally be what was formerly our personal management bureau and our support services bureau.
 He's ready to do a PowerPoint presentation, but they've taken all the equipment away.
 So we expect to collect between $390,000 and $440,000.
 Phase two, the really big gain would be that we would have that great lawn, which would add more flexibility to the uses of the park and might be a really strong selling point for the college to engage with the park more.
 applied for a grant through and we did not receive one this year so we'll probably apply again next year to tweak it through the consolidated funding application. Using some of the buildings as matches, using some of our work as matches. We know
 And, I mean, for example, people don't really want to have to go up the extra steps or down the extra steps and how do you control the injuries. I think that was kind of the least realistic option.
 And one other thing, one of our goals is to, and I may have hurried through this, but I'll expand that a little bit. I mentioned today, reduce our outstanding tax by 25%.
 You may have seen some panhandlers down there between the park and the college.
 the organizational meeting.
 It's been a great project to work on.
 ready to go.
 3% so a few months after we had started at Mount Pleasant. And not just Mount Pleasant, but one of the target areas was Mount Pleasant.
 Just go.
 This is kind of interesting, there happened to be an article just before the study about how there's a time capsule under the Statue of Liberty and some people were kind of looking forward to finding out what's under there. So that could be another interesting component of improving the park.
 Just a second.
 All right.
 develop a very good relationship with those who are on impact.
 in terms of plans and things that have worked well.
 Second. All those in favor? Aye.
 And so a way to integrate the building into the park and really create more use of the park through that building seemed like a natural fit if the owner was ever inclined to do that.
 So expanding apart is not a problem.
 But what's as good as a drunk family?
 This is just a record keeping problem.
 We'll continue to do that.
 And again, I thank everyone today for what wasn't there.
 All those in favor? Aye.
 We implemented an online reporting system for minor offenses, which really outweighed the need to respond to certain minor offenses to free us up to do other things.
 So Nick, if you want to elaborate on that further.
 I'll tell you, I have no idea.
 in there drinking, doing other things, were down there regularly.
 We've been working with Empire State on this and it's tough because it's an old program getting them back up to speed on this program, but they're working with us right now in up to speed.
 Mr. Strykman has got us all the rest of the items on the agenda, so.
 So this is just a rendering of what the pedestrian way would look like if you were coming out near the end of the student housing.
 Okay, if there's nothing else to come before City Development and Planning, I'll entertain a motion to adjourn.
 ideas to minimize gun violence in the community.
 So I think the citizens of Schenectady are well represented in this design, because it was more than one design initially.
 the
 We know that students are famous for taking the quickest route to class their way forward.
 We expect to be able to collect 20 to 25% of that.
 The second phase of it was looking at Liberty Park, and if you were at Chief Cook Collins' swearing in this morning, you were talking about the design of Liberty Park, and one of the things we looked at was that it really wasn't very user-friendly and wasn't very safe, and we wanted to see if we could do some kind of redevelopment there that would basically enhance the redevelopment efforts downtown.
 There's no question of that there's a lot of life that has no access.
 The idea is satisfied general public is more cooperative with us, helps us to solve crimes and do all the other things we want to do.
 And as I said, I want to expand that a little bit more to incorporate, to really take the records of code enforcement, get them more involved, and came up with another program called SCOPE. And again, it's connected to co-operations and police enforcement, and it's using the D-X model, kind of mapping out code issues, the crime issues, and concentrating on enforcement there. And then going further and having monthly Comstock-like meetings that we're already having, but including code enforcement and the other city department that has a
 Well, I would just move that put forth Council Member King as the new Council President through our committee and that would go on the consent agenda for Monday night.
 We'll lose about $10.76 on interest.
 know that we can without the figures.
 I would, yeah, I would probably suggest that.
 I'm going to take it over to Coach D.
 We're really happy to see our tri-city partners moving this forward. Probably the first agencies in New York State to do that.
 favor
 And at the time, we discussed and it sounded like everybody was in agreement that we would designate the area founded by the bike trail, Knott Street, Seneca, and almost to Van Branken, actually the rare properties on Van Branken, as a survey area just for us to look at. It doesn't commit anybody to anything to look at the potential of doing some redevelopment in an area. Does it work? Can you use it? How could you do so? And then I went on vacation and we never did the resolution designating the survey area.
 This is a bird's eye of what the park would look like.
 The yellow area is phase one, was designed as phase one of the park, which would include the closing of Water Street and incorporating that into the new park. And then phase two would include the area where the four buildings are between phase one and roughly where the edge of the student housing is constructed.
 I have money to buy two badges.
 Actually, back in April, the mayor, we were out at the Capitol when this was first presented. And he was competitive about assessing.
 Another big part of the study was really looking at how do we get people from the college to the student housing and to the downtown safely, because it is a really big intersection.
 So if there was a developer who wanted to build it today, that would be great. Or if it was something that waited until there was more of a need, that would be another possibility.
 Phase one is easy to do, it's implementable, the city can do a lot of work removing the farm.
 and check some.
 Yes, I'll make the motion.
 One other thing that I didn't put on here that I would like us to do is a resolution recognizing buyer for a company there.
 And actually I was on her panel down in Washington with one of the professors from Yale who did a lot of research on this.
 Let's call city development and planning to order for
 favor aye
 by a smoke detector.
 No, it's just Denise.
 But yes, certainly it's time to be complaining.
 And I think it's one of the oldest businesses in the city, it would be appropriate to just recognize that.
 bringing them in and sound, look, this is our community.
 We would never use those streets in that configuration.
 And so the three options that we looked at was channelization, which basically would use a fence or a structure to direct people to the appropriate intersection.
 Any questions?
 begin the ordeal.
 You have cars, put your kids to college, those types of things. And they're not all gone.
 and it takes four weeks.
 There's a lot of them, I know it's hard.
 And I said to him, fear, this is the United States of America.
 And we do as well.
 And the whole principle, of course, behind Davis-Bacon was to level the playing field, if you will, from a wage standpoint.
 So we can go back to Washington and begin to create an environment where businesses can do well, be successful, and not be penalized for all of their hard work and their efforts.
 That's what I've done through living it.
 So I want to tell you that this subcommittee and our entire oversight government reform committee is committed to doing that.
 And in truth, these audits were put there really in compliance issues.
 So I appreciate it.
 And so it's a, we're probably $5 million worth of business a year that we're just turning our back on because of it.
 So having said that, the remedial process is the one I think is lacking in all these audits.
 This is for, we're an OEM manufacturer, so we quote things. So we ran about 25% of all the quote.
 focusing on finding worksite violations and issuing substantial fines instead of working collaboratively with us as employers to promote the overall safety of our workplaces.
 Now it's not only the case that there's plenty of compliance issues going on at the federal level. There's lots of audits going on at the federal level.
 So I have a little bit of an idea of what it's like to deal with OSHA and everybody else that comes into our business that has absolutely no investment but is a partner that we really don't need to have on our back.
 We have had a number of these hearings in Washington, D.C. and I have been so, and I know my colleague Mr. Kelly as well, we've been so profoundly affected when you listen to a group of witnesses who have run small businesses
 There are a lot of very smart people who don't have green cards, who are not US citizens, that could really help generate wealth in this country that we can't hire because we would have to put these infrastructures in.
 I appreciate you.
 And if you can, because I know you're very concerned.
 Thank you very much.
 to work hard and be successful.
 At which point in time we got a letter from them which said that there were no findings and that everything was fine.
 We can manufacture things that are sold competitively all over China and Taiwan and Japan and Korea and Singapore and other places.
 So thank you very much for the opportunity to be here today.
 How long are you going to be here? He said six months.
 the adversaries the global market space
 So we were struck by the fact that it has changed from being a partnership where we're both trying to work together to ensure safety to this punitive, trying to look for and find for offenses.
 And in truth, every single governmental job that we've ever done, someone has guaranteed that we were audited.
 And I think the bottom line of this whole thing is that you're in a business that you have an opportunity to sell a certain product or pieces for a product that's going to be assembled.
 And I think that's a good thing.
 difficult
 Out on the list is fine.
 So, we had 130 people working at OptiMix and one was a part-time consultant Canadian.
 We're not asking for support above and beyond.
 I think what really disturbs all of us is who is it that makes up these lists and what's the criteria for somebody being on the list or not being on the list?
 What are you using this for? What's the end product? Who's your customer?
 to pull them back a little bit.
 If you find something wrong in my workplace, I want to make sure it's safe for my guys.
 We had an OSHA inspector who has been on a number of job sites and we are a very safe contractor.
 We're bringing up 24 young men and women into the trades.
 and then they can say no.
 Is that a person? Okay.
 I sent an email to my vice president and said, you know, it's really not worth it. We should just give it up.
 I think many people involved in small business are survivors and very creative in their entrepreneurial
 You can all answer and you can start.
 they do double and triple and quadruple what anybody would ever even consider reasonable in order to maintain the company.
 This is now another list of questions that you now have to process.
 Can we bid it? Absolutely. We can.
 So that's, you just draw the dots, everything goes everywhere.
 I do just want to point out, Vice Chairwoman Burkle, you're my congressional representative, and I'm thrilled that you are.
 This is an ocean specter that we have seen on other job sites.
 plus waiting for the licensing, waiting for the okay.
 And I would certainly think that we're interested in it. And I've got to tell you, I have friends on both sides of it.
 only what you're going through with ITAR, but the other regulations.
 So I think the first piece that has to come down is we have to look at every regulation and say, is this reasonable, is it practical, but then above and beyond that, how many auditors have been hired, how large has the government bureaucracy been grown in terms of IRS and OSHA and other people in order to force compliance.
 So that puts us in the manufacturing sector.
 because we're being asked to do it.
 that we had seven days to produce 28 documents and answer four pages of questions.
 I mean, everybody needs jobs.
 And there's a mindset that's put into these auditors as they're trained that businesses are essentially criminals.
 And when we have to put people who have absolutely no vested interest in the success of our business, and in fact have a vested interest in the shutting down of our business to eliminate us as competition to their signatory contractors,
 I understand the reason for it.
 Thank you all very much.
 decided we do almost $20 million worth of business a year.
 They are now simply looking for ways to generate revenue.
 that as well.
 We have seven days to respond to this or we're going to be subpoenaed in violation.
 certainly the migration of manufacturing jobs overseas in this country is appalling.
 The other issue is right now when OSHA finds a violation on a work site, only the employer is fined for that violation.
 And then we have to have the two firms duke it out is what really says in the regulations.
 It's just better for you.
 Good morning.
 Thank you.
 I get the feeling when I hear folks talk that the government comes in, the idea isn't to fix it, it's to find you.
 And then you halt the job.
 creating those types of programs instead of seeking to financially cripple businesses to coerce safety,
 I just want to ask a question.
 You don't have to wait until you can move on the order.
 We do not have a lot of issues. But this OSHA inspector confided in us that the directive from above, from Washington, D.C., is that these inspectors are to go on to job sites and find violations that can result in fines.
 We're one of nine out of a hundred and something apprenticeship programs that's non-union in New York State.
 Now, at that point in time, when I got that letter, I will be honest with you, that was the first time I actually seriously considered throwing in the towel.
 just looking for some assistance in making it a little easier to do what we do.
 So, for example, that could be that it goes into a laser welding machine that is made in France, and then it is sold to China, and you can use laser welding equipment to make
 Explain what the list is.
 sure.
 We have to deal with the Department of Labor and
 And I will honestly tell you that if we see PLA language in a bid, we aren't going to take the time to even bid it.
 In fact, I will tell you that we recently had an OSHA inspector show up on one of our job sites.
 So it's like, well, ultimately you can make weapons with a lot of things.
 And I remember in your campaign, you ran on the statement that government does not create jobs, business does.
 process you have to go through would be a lot different than maybe a foreign competitor would have to go through.
 I think that that's done a tremendous disservice to both sides.
 That time had been freed up to do marketing and sales and work with clients. We could have created six, eight, ten additional jobs instead of just dodging government bullets.
 That's the one thing that we're finding out on a daily basis. We have to find some way of amplifying this problem so that people understand this isn't just you coming here and complaining because you can't compete.
 We are in the business of designing and building factories.
 it would create impediments to our growth and we may not be successful. That's just the nature of an entrepreneur.
 And if I can be a catalyst to help that happen, then I'll get into it.
 It must be doing something wrong.
 Now when I read that, basically what it said was that they were there coming to audit our health care plan.
 There is, certainly there's reasons before it, but the way it's structured is so ridiculous, it's actually impeding U.S. export.
 develop processes and procedures to make us the most effective and cost-effective contractor that we can be.
 To me, that's counterproductive.
 We like RADAC, we are a non-union contractor.
 Thank you.
 It's an absolute craft shoot.
 I would encourage OSHA to look for collaborative ways to work with employers and employees who do have a level of responsibility in their own safety and the safety of those who they work with to come up with programs that will help to encourage that level of safety.
 Now we have to take all the books, read through, become experts of the health care plan.
 as the odds are stacked against them, or those that actually are successful become fewer and fewer.
 It's the old story, you know. Don't worry about the mule, just load the wagon.
 One, to provide counsel so that we can make sure we're in compliance when the audit firm comes in.
 Mr. Pollack?
 so we're able to define those positions.
 If you think it's, well, then you can't actually get the license for it until you get the order.
 really I believe would result in safer workplaces overall.
 And I think that's a good thing.
 I have one last question, then I'm not sure if you have anything left.
 So meanwhile, you've gone through the whole dance of going back and forth, you've done the bid, you somehow miraculously got an order. They have to wait to see if you can move on. The order is
 command.
 These are career jobs.
 We shouldn't be fearing government agencies.
 But quite frankly, in this economy, the private sector has not been building as much as they used to.
 And what agency do you work with? Who is responsible for the ITAR? Who does it go through?
 In fact, if we do bid a job that is a federal job, we're required by law to follow Davis-Bacon rules, which in essence means that we're paying union-scale wages and benefits.
 We know that you're the job creators and we hope you'll work with us to continue giving us the information we need.
 to recognizing and understanding the impediments that stand in the way of businesses and their success.
 It may have been looking to find money, as Becky has implied, but they didn't find anything from us.
 Mr. Mendina, I think it's important because the general public doesn't understand. I'm an automobile dealer.
 I get it, and I gotta tell you, it is the scope of overreach and over-involvement that's killing all of us.
 It takes way too much extra work on our end.
 I'm excited to talk about something.
 This is pretty clear in the construction industry specifically.
 I think you can set guidelines, but at the end of the day, I don't know how you get one of the people that works for you to actually look out for their own good.
 And in the letter they had lots of big words and they talk about administration and enforcement, Title I and how they were established there to make sure that compliance was held.
 And I think that's a good thing.
 And it's most technology manufacturers, certainly in optics, in many machine shops and other places, do some level of defense work.
 And thank you to all three of our witnesses this morning for your very compelling comments.
 as we go forward. And I think we would all agree that bargaining is part of the practice, but bankrupting an entity is not.
 With that, we'll conclude panel number one and we'll seek our second panel this morning.
 One more thing, there's another part to that restriction as to employment.
 And if you look at the statistics, of course you know that Monroe County is a great exporter of all kinds of manufactured goods around the world.
 Because that's the American way.
 And in truth, we got through the Department of Labor audit as well.
 you could peruse through and start looking for things.
 And it's not, we are not the adversary in this.
 Thank you very much for your comments.
 Because we're not doing it, it's out of my mind. I'm into growth in the domestic market space.
 people understand Davis bacon
 But I do think to a certain degree it goes back to the mentality that seems to be pervasive in government now that employers are bad and they are looking to profit on the backs of their workers at any cost.
 the tax fan was pretty humongous.
 So it is a good place to be here.
 So, we're going to form a layer beyond this.
 We don't pass for handouts.
 because that person did not have a green card and was not a US citizen, we had to put locked cabinets and create a whole infrastructure of security for this dangerous Canadian consultant that we had working. Otherwise we were in violation.
 And I think that's a good thing.
 remedial action would be something in my mind
 I'm not going to go into that.
 Lastly, I just want to touch on OSHA.
 We ask for an extension.
 And I don't think that he would not be an owner of a business simply because of the ability that being a business owner allows you to contribute to your overall community through job creation and things like that.
 So meanwhile your customer has gone 8 weeks through a cycle and they have to start over again because the US government said that this manufacturer could not sell this to you.
 Nothing is more important to us.
 We have a New York State certified apprenticeship program.
 I mean, it's kind of like asking me to swim through a pool of alligators and hope I don't get bit.
 whether or not you would be in this business if you knew then what you know now.
 Otherwise, how can they be so successful? And I'll tell you that the reason we are successful is because our employees have my back all day, every day.
 to do both.
 Well then I think a good way to end our first panel here is to say to you, to all of you, and to all of the businesses in upstate New York, that we appreciate you.
 So let me know. Am I reading this wrong? Am I in the corner of the world?
 We're competing against countries with policies that make it very easy to manufacture.
 And so, you know, I think that's a good question.
 And I can't thank you enough for allowing us to bring some of these things to light in hopes that we can resolve them and work together to help to restore our economy.
 During the period from 2000 to late 2008, we grew the company from 50 employees to 350 employees.
 Thank you.
 So with that, I would just like to talk a little bit about your testimony.
 So it isn't a simple business running a small business anymore.
 Thank you.
 Unfortunately, it's your own country.
 PLA literally, as I said in my testimony, tells me that I cannot use my own workers.
 And the question was asked to all of them, if you knew then what you know now regarding regulations and all of the impediments to job creation, would you have gone into business and would you have done what you've done? And each one of the members of that panel said, no, we would not.
 And really the rewarding part is the employees and the company team.
 But when our energy is sucked off to do things which are counterproductive to the business, essentially audits are just there to poke around and see what you've done wrong.
 And of course, we buy the health care plan from MVP or Excellus.
 That's why they're doing what they're doing.
 We used to have something called the Voluntary Protection Plan, which makes sense when you sit down and you talk about these possible problems and how to fix them.
 So it's a complete reversal from, quite frankly, what OSHA used to be in terms of being a collaborative agency.
 Right.
 We do almost zero overseas, and we could sell overseas. We get inquiries all the time.
 you're very good at staying compliant.
 and thank you for inviting me.
 With that, I'll yield my colleague, Mr. Kelly.
 excuse me, but I appreciate your testimony and I can tell you, the American public really has absolutely no idea what you're going through on this.
 OSHA and other regulations. Sorbaines actually has lowered down the very, very small businesses
 So when we bid and perform work at the federal level, we do pay Davis-Bacon wages.
 And I think that's a good thing.
 Go ahead, I'll be over there.
 and they can say no.
 Again, I want to thank you for the opportunity to share some of these issues.
 It's just, this is wrong, this is wrong, this is wrong.
 I would go down and he would ask questions and we would produce more documents.
 He mentioned the fact that employers will comply with OSHA regulations in order to prevent a visit because they fear OSHA going on site to visit their business.
 So our position maybe is different than theirs, but similar. We just find other work.
 I'm sorry.
 And then began, we gave them an office, we gave them a job.
 because manufacturing jobs are really generating on the order of seven other jobs.
 It's the private sector that does the job hirings and expands businesses and buys more equipment and improves their technology.
 He had no fines and no punitive actions.
 I read your testimony with the PLAs. Explain a little bit what that does to you and your ability to bid on a job.
 We appreciate your sacrifice.
 So, if it's Israel, we now have to look at, go through the list, and ask questions about what is the use of this object. So, we have to look at our customers. And in the technology space, a lot of times they don't want to tell you because it's competitive information.
 really creates a level of financial uncertainty for us that really requires us to hold back in terms of any sort of expansion.
 And certainly manufacturing can be profitable and it can grow in this country.
 I think that's a good point.
 We had OSHA in and we did hear their testimony and we were able to ask them questions.
 Don't give us a bonus word.
 So there's a lot of cost around this.
 So let's be a little practical about how we go about this.
 I am not the company owner actually but I'll speak for him.
 This letter was announcing an out of the occupation technology medical health care plan.
 this
 that is to create and grow business.
 It did stay for five and a half months.
 And how much of that money is being spent is counterproductive to growing the economy. Because not only are those people sucking off of tax dollars in order to get their paychecks,
 people say come on these Republicans don't like Union so
 I want to thank all three of you on behalf of Mr. Kelly and myself.
 You now have, because of this overreach, have decided not to bid that business. It's not worth the aggravation.
 Nolan cares more about the employees than the employers. Not OSHA, but the employers.
 It's just that it's not cost effective to stay in line.
 and you're absolutely correct.
 We were in the middle of an IRS audit that had begun in May.
 are here and they're actually growing.
 But it sets up a scenario that from a business standpoint is completely and utterly impractical for us.
 I appreciate you listening to us.
 Now, most companies in technology, manufacturing companies, will not hire anyone who does not have a green card or is a US citizen.
 I can remember distinctly the morning of July 12th, 2010, and that was the morning I came into work early as usual, ready to get going.
 I'm also hoping to try and...
 So with health care with 401k audits with ESOP audits with the Census Bureau sending endless forms to be filled out under penalty if you don't withdraw
 This letter was the seventh audit we had received from a governmental agency in 2010.
 And I've always been a little bit disappointed.
 And the idea is, if you would, because most people don't understand this, the idea is at the end of the assembly, this product could possibly be used by a terrorist country or be used in a militarized fashion. So you're responsible for every little piece that goes out somewhere in the world as to finding out where its actual end use is going to be.
 but they have very publicly advertised a much different approach which is really enforcement driven.
 And it would be like me selling a car, and before I sell the car I'd have to ask that person, is there any time in the future that you think anybody could possibly be getting in or out of this car that could maybe be a problem for the country? And if I couldn't answer that, I couldn't sell the car.
 And our principle and practice based on regulations is that we simply do not bid any governmental jobs, whether they're local, state, or federal. We find our business entirely elsewhere because the compliance issues are immense.
 I'll tell you what, I was really fresh on this a year and a half, two years ago, we decided not to do this.
 We were really struck by the fact that one of the members from OSHA was there.
 So we backed away from it.
 copy
 So here are their high paying, optimum exits, high paying jobs.
 It is the private sector that's going to get this economy back on track.
 all the other rodents.
 We can bid a job using Davis Bacon, but with the PLAs, that's a little different. That's more exclusive, is it not?
 We appreciate your entrepreneurial spirit.
 have to have some fortitude and we have to have some policies that help support that.
 I don't know that you can mandate or legislate common sense in the workplace.
 I think there's a process, and I have to decide what you want to do to work on it. 75% of inquiries that you know you're not going to win.
 This new approach is just another costly burden that we as a business have to deal with and
 I've got to quit to get it fixed.
 We
 Thank you very much.
 If you do some level of defense work, you have this other barrier now that's in place.
 The Secretary shall have the power in order to determine which person, if any person, has violated or is about to violate any provision of the title of a regulation.
 walk us through what ITAR is and what you have to do in order to compete and why it makes it so difficult for you.
 Thank you.
 we will do everything in our power to help small businesses do what they do best.
 He said, no, we've talked this over. We'd like to audit another tax year.
 They are also sucking off of our backs and taking us away from the opportunity to grow our own companies and do other things.
 So the two guys started and they're both Republicans.
 Thank you for being here this morning and sharing your testimony with us.
 should be working with them, as you said, to find and to ensure safe workplaces for our employees.
 It's not that we couldn't do it.
 I would assume that, like everything else in business and time, is of the essence, the
 As an employer, safety is paramount to us.
 When the IRS auditor arrived, I said to him, first thing, we gave him 40,000 pages of transaction files.
 But we have to support that.
 Canadian quit because she didn't feel it was appropriate that we go through all that expense in order to keep her employed.
 So we close the specifications and we throw them in the garbage.
 I don't have any great expectations, but we're going to survive one way or the other.
 These are at the state level, of course, as well as the federal level with the IRS, with the
 I opened my mail from the day before and there was a registered letter there from the U.S. Department of Labor.
 of Israel, I thought, are the nations. They're on the list.
 But the other
 OSHA has in the past been somewhat collaborative in how they work with employers to ensure job site safety.
 We're only in July.
 I've been through some MSHA reports and I've looked at it.
 one of the others.
 So I really, I.
 We were told that three days was the maximum extension you could have.
 I think we as a company are very proud of what we do.
 We want to make sure that every one of our people goes home every night to their family.
 We have over 200 journeymen.
 in the world.
 It's ridiculous and
 And so I'd like to just start with the same question to all of you.
 must keep using their employees.
 And I think until we change that mindset, quite frankly, partnerships and collaboration between government and business is going to be hard to accomplish.
 PLAs are something that a lot of people don't understand.
 You need rubber bands to hold the paper together. Where do you stop? You go through that process.
 And it really is paramount that government realize that they are there to create the type of environment that we as businesses need to grow and prosper and contribute to the economy.
 Exactly, correctly.
 And I certainly wouldn't be, I can speak for myself and my partner, we would absolutely do what we're doing with OptiMax in spite of whatever the rules were, how ridiculous they were.
 And that's the American dream for why many of you have gone into business.
 All we have discovered is that even when manufacturing isn't as strong as it could be if you have good automation and good tools, that you can keep competitive manufacturing going in the United States.
 I just do want to comment, Mr. Pollack, if this gives you any peace of mind, the continued resolution that we voted on last week did stop the IRS from hiring 10,000 additional employees.
 We're coming here talking about the situation that makes it impossible for you to compete.
 I estimate that even on that IRS audit myself last year, I spent 200 hours of my own time
 And quite frankly, we have crews that are supervised by very experienced foremen who work with these people day in and day out.
 And so we have reached a point in this country, and when I listen to your testimony, Mr. Pollack, what you went through with all of your audits, we begin to wonder what's happened to the United States of America and our free enterprise system and our capitalist system, where we have an understanding that the government can't create jobs.
 The answer is yes, I would.
 very good at creating jobs and creating factories as well.
 don't create the healthier plan.
 So certainly, no matter the odds, I think most would attempt to be successful.
 But I know with MSHA, when they come in and they do an audit, one of the most of these
 And we said no because we don't want to have to deal with the government, the uncertainty of the government.
 because my understanding is that it's because OSHA is sort of self-funding and they need to generate the revenue to support all these additional inspectors and things that they have decided will be their approach to safety as opposed to the programs like the VPP program and things like that.
 And unfortunately, that takes away opportunities from our current employees and takes away our opportunity to grow our business using taxpayer funded projects to do it.
 I'm the president of Optimation Technology, which is a privately held ESOP-owned company
 Thank you.
 are very good at responding to audits.
 hired two accounting firms.
 You don't need a PLA to level the playing field from a wage standpoint because you already have Davis-Bacon or if we're talking New York State, we have New York State prevailing wage.
 at this time, the mule is about ready to walk away.
 And I know right now, because of the events in Wisconsin and around the country, there's a renewed interest and often it's become too polarizing between organized labor and the private sector.
 So in many cases, we're forced to look to markets that we might otherwise avoid simply to stay in business.
 Fine, fine, fine.
 I will say at the end of the IRS audit, well, partway through, I thought we were almost wrapping up.
 And then once you get the order, you then go in and ask for permission to sell if they're on that list.
 So I would encourage Congress again to look at ways to help OSHA to return to their collaborative and cooperative spirit of working with employers instead of the punitive approach that they are currently taking.
 Distinguished California colleague of yield.
 what? Later never come.
 Instead of having the President's timetable, we have the timetable of the House of Representatives.
 urge my colleagues to vote no. And with that, I reserve the balance of my time.
 Thank you, Mr. Speaker.
 People are losing their jobs, fuel prices are at a record high, food prices have dramatically increased, confidence in the economy is at an all-time low.
 many reasons why what the majority is doing today is gravely harmful to our security.
 be a giant leap forward in solidifying their attempts to take back their country from the violent and lawless groups that tore it apart for decades.
 I have the greatest respect for President Uribe.
 Colombia is a close ally, fighting our common enemy of drugs and anti-democratic regimes in the region.
 educate and train American workers to better compete in the global economy.
 It seems to me the House today is doing two things that this Congress has done too often.
 Gentlemen's time has expired.
 Mr. Speaker, Congress must insist upon improvements in human rights in Colombia and not paint a rosy picture simply to secure a trade agreement.
 immediately would have no tariff.
 And a woman from New York continues to reserve her time.
 declaring that strong-arming Congress will not work.
 timetable should be our table.
 running for president.
 have to have a strong commitment to the education of our people, whether we're talking about tax credits for our energy bill, which we passed here, which would immediately create jobs.
 Mr. Speaker, I need to put on the record the fact that America is not the manufacturing giant. China is the manufacturing giant, followed by India.
 We can stay here all day.
 have problems in every major city.
 Washington state is the most trade dependent state in the nation.
 Mr. Speaker, when we're talking about our ally Colombia, Hugo Chavez wants this trade agreement to never see the light of day and our Democrat colleagues agree with that.
 is the wrong signal to send not just to Colombia, but anybody who's thinking about working with the United States of America.
 The vast majority of cases of murders of labor leaders remain unsolved.
 Today's action would.
 simply turns off the clock entirely.
 I begin by expressing my appreciation to my very good friend, the distinguished chair of the Committee on Rules, for yielding me the customary 30 minutes.
 Under TPA, the House has, as I said, 60 days to debate and work together to reach consensus.
 If we are to try to arrive at a place where the concerns of the American people are addressed, we need more time to do that.
 There are some who have called into question whether Congress has the right to suspend fast-track procedures for trade agreements.
 people I mean the joblessness numbers of last week again pointed to a steeper downturn in our economy.
 the median household income in this country shrunk $1,100.
 traveled to Columbia last weekend to see first-hand the progress that country is making. I
 Members and staff are encouraged to take their conversations off the House floor.
 I've seen for myself the transformation that has taken place. I've seen the safe and orderly streets of Bogota and Medellin.
 The answer is it will have no effect.
 Yeas and nays are requested.
 Prime Minister of Canada said it best, if the United States turns its back on its friends in Colombia, this will set back our cause far more than any Latin American dictator could hope to achieve. Our friends in Democratic majorities say this is all about election year politics, but we must understand that turning our back on Colombia will have long-term
 infrastructure. If we don't
 The 8,600 Caterpillar jobs in Illinois would be sending their products to Columbia without the 15% tariff.
 our friends on the other side of the aisle, gentlemen from Oregon, Mr. DeFazio talked about the fact that we were the manufacturing giant in 1974, 34 years ago, when Fast Track Authority was put into place.
 we're gonna go in and and cheat we're gonna
 mystified as to why any member would oppose this agreement when all it does is level the playing field for American workers.
 happy to yield two minutes to the gentleman from Vermont, a valued member of the Rules Committee, Mr. Welch.
 California.
 I met with the Constitutional Court, religious and labor leaders, with indigenous peoples and Afro-Colombians and dozens of government and military officials.
 The administration kept on insisting that the status quo was good enough and has done nothing to address these concerns.
 strongly support the right of the Speaker of the House to take up trade agreements when it makes the most sense to do so.
 Mr. Speaker, the policies of the Bush administration have produced an American economy in crisis.
 urge my colleagues to join me in voting no.
 woman yields back the balance for a time. The gentleman
 They are not. They're not.
 73% of Colombians say they feel more secure and more safe than they did prior to President Uribe six years ago.
 We need to recognize that if we as a nation are going to maintain our leadership role, we have to be...
 her time, a gentleman from California.
 Speaker may declare that she has her agenda.
 If the issue is the economy, what better way to stimulate our nation's economy than to level the playing field and wipe out unfair trade barriers for our farmers?
 staff as well.
 the gentleman one more minute.
 And they think we should do more of the same.
 relationship between Colombia and the United States is an important one.
 I will yield, gentlemen, an additional 30 seconds.
 Mr. Speaker, the Democratic leadership is determined to isolate our greatest ally in South America and weaken the region's strongest advocate for democracy, flouting national security and our international credibility.
 myself such time as I may consider.
 Apart from the fact that it would be a breach of protocol, let's just talk about that.
 Let's examine these claims, Mr. Speaker.
 have no plan to help 45 million Americans get health insurance.
 from California.
 That's the very point of requiring the requirement we're being asked to waive today.
 The gentleman from Connecticut is recognized.
 yield a minute to my good friend from Auburn, Washington.
 And Mr. Speaker, I deeply regret the effort today to postpone timely action on the U.S.-Colombia Free Trade Agreement for
 This is an ally that faces a hostile neighbor on its border, which threatens not just Colombia, but the very ideals of democracy and free markets.
 However, in a country whose economy has been devastated by ill-conceived trade deals, it can only be expected that the American people will remain wary.
 Could he be doing more? But the real question, could I have...
 all the Congress' prerogatives going to the Executive Department, that has to stop.
 Today this House will vote to set Columbia aside.
 The projects are in the pipeline.
 The question is on adoption of the resolution.
 nothing more and nothing less.
 about middle class jobs and of
 Unfortunately, our colleagues on the other side have put forward some, well, let's say some inaccuracies.
 What can we do to resolve the issues that force members to be against it? So I appreciate the words of my friend from California, but you have to do that.
 At that time, Democrats made clear that Colombia was different from Peru, with the level of violence against workers, impunity from prosecution, and laws that did not meet international standards.
 I agree with Chairman Rangel's assessment last month that denying a vote on this agreement wouldn't help address the concerns about labor violence in Colombia.
 I'll go back my time.
 As I prepare to yield to the Republican whip, I'd like
 Why don't we create more jobs? Why don't we level this playing field? And when it comes to our friend, Colombia, Hugo Chavez wants his trade agreement to never see the light of day.
 I hope we do everything we can to defeat this rule.
 Members should be keenly aware of the very negative foreign policy ramifications of this vote.
 Colombia will buy tractors, mining equipment, and fertilizer from Canada, France, and Germany instead of from Illinois, Georgia, and Texas.
 is
 administration followed the established protocol of congressional consultation relating to the submission of any free trade agreement, we would not have to take this action today.
 You forgot to consult with the Ways and Means Committee.
 No one was quicker to condemn the President's decision to send this FTA-implementing legislation to Congress than Hugo Chavez himself.
 just making up this nonsense as they go along.
 with the Labor minister.
 concerned about losing their homes.
 We're talking about Colombia, but what we really are talking about is the effects of globalization on the American economy.
 So I'll do my Democratic colleagues the favor of reviewing the details of Trade Promotion Authority.
 He has stated quite clearly that we want to continue to work with President Uribe to make
 I think it's important to put it in context because I've heard our colleagues talk about the merits of the bill or talk about any precedent on rules.
 Mobilization can be a good thing if you
 I'm delighted to yield one and a half minutes to the gentlewoman from California, Ms. Capps.
 I want to thank the gentlelady from New York and I am so much in favor of this process that I had to bring two constitutional books to the floor and to be seen by my colleagues.
 The general manager of the
 1974, we were the manufacturing colossus of the world.
 took a while for the president and his administration to accept that fact.
 have concerns about their economic security.
 What I have to say applies whether you're Democrat or Republican.
 To outsource that very basic legislative responsibility is to abdicate the duties constitutionally prescribed to our branch and raises questions as to why we are here in the first place.
 is a very important point.
 And at the same time, we have to address the concerns of those who have lost their jobs,
 And certainly the job market has slowed.
 despicable.
 today, our speaker backed up by this house says stop.
 The nays are 3, 2 thirds being the affirmative.
 Hugo Chavez, I go to sleep every night wondering what he's going to do. And Kashtan, oh my God, we should vote for the people of Colombia and make him against them and make him a big threat in the community. I'm not
 left to Democrats to negotiate with governments of those countries to bring their laws into compliance with international labor standards before a congressional vote, with no help from the administration.
 Just the first 12 weeks of 2008, 17 trade unionists have already been assassinated.
 we talk about tough economic times, we ought to learn the lessons of history.
 imagine the world's largest economy cowering from Columbia behind the walls of protectionism? Who could imagine the world's greatest democracy too frightened to even debate, even consider this agreement? Who could imagine that this Congress would send a signal to the world that we are not just an unreliable leader in trade, we are an unreliable negotiator in trade. It is embarrassing and it is dangerous and it
 This is a huge mistake today.
 The rule suspends the timeline for House consideration that are the fast-track law with respect to consideration of this specific trade agreement.
 soon as we address the concerns of America's working people and others who will never be for it.
 makes the Columbia Free Trade Agreement hard to justify, giving the continued violence against the union leaders, subsistence farmers, indigenous peoples and Afro-Columbians.
 To say that the administration has not upheld their end of the bargain is outright laughable.
 Not only can we help poor people here in the United States of America, but this is designed to help poor people, struggling people in Colombia.
 Let's have a timetable on our consideration of a trade bill that addresses the concerns and is compatible with the needs of America's working families.
 why we are trying to make sure that in fact American people have a retirement security and a universal 401K.
 No argument about process niceties can change the meaning of those words.
 Mr. Speaker, I rise in strong support of House Resolution 1092.
 Farm manufacturers and farmers need this agreement to sell their products, create jobs, and compete against foreign producers.
 from Shreveport, Mr. McQuarrie.
 So that must change.
 I think it's time to set the record straight on exactly what has occurred.
 wants to deal with you if they don't think you're dealing in good faith.
 is the wrong choice.
 Okay, gentlemen's recognized.
 gentleman yields back the balance of his time. Gentlewoman from New York. I'm pleased to yield four minutes to the gentleman from Massachusetts, an expert in this issue and a member of the Committee on Rules, Mr. McGovern.
 The gentleman yields back the balance of his time.
 And the Speaker, in her judgment, and I support this, stood up for the prerogatives of this legislative branch where we have the responsibility to be the final voice of the people who sent us here.
 decry what they call our unilateralism and our disregard for the concerns for our allies.
 simply not the right time to move forward with this trade agreement.
 House Calendar No. 202, House Resolution 1092, resolved.
 Mr. Speaker, I rise in opposition to this rule.
 control of the time, I will retain the control of the time.
 These checks again are not out in the marketplace.
 exactly as many of these contenders for the Democrat nomination points that they have made.
 I happen to represent an economy that has been greatly affected by trade policies that did nothing for the American workers, that did nothing to produce more jobs.
 Thank you Mr. Speaker.
 Houses in order.
 We did not deal with some of the issues we have.
 secure a more responsible enlightened trade policy but we won't secure it until we traded for a new president.
 war with narco-terrorists armed to the teeth by drug money and given sanctuary by neighboring governments.
 from Michigan is recognized for two minutes.
 travel to San Jose, Deer Park, Dodo, and to Arauca.
 So, as was said by the Republican leader, Mr. Boehner, this is a no-brainer. As Mr. McCrary said, this is a no-brainer economically.
 talking about a trade agreement to where over 90% of Colombian goods come into our country duty-free, yet
 They've reduced violence.
 The UN, the Red Cross, and US and Colombian human rights groups all describe a worsening humanitarian crisis in Colombia.
 woman from California, the Speaker of the House is recognized for one minute.
 requires notification 90 days before entering into negotiations.
 If we look at the month of March, the third month of declining numbers of U.S. jobs, with losses widespread across all sectors,
 I'd be happy to use the five minutes if the gentlewoman would like to yield me the five minutes.
 Gentlemen from Illinois is recognized for 30 seconds.
 May I inquire of my friend, so I assume there are no further speakers then on... My last speaker has not yet shown up, so...
 you don't have an agenda to make sure Americans win in that globalization, you're going to get a squeeze on the middle class where they resist the attempts to open up markets to American-made products.
 of Oregon is recognized for one and a half minutes.
 And as the president has said, has not gone into effect yet.
 The former chair of the Fed has said we're in the throes of a recession.
 could not disagree with my friend from California more.
 Mr. Speaker, I think it's important to dispel a few myths about the action that we take today.
 17 years ago we opened our market to them.
 In fact, American workers would benefit from the provisions in this agreement much more than their Colombian brothers and sisters.
 The reason this bill was sent up here this week was because not one time over these six weeks has the Speaker agreed or made a commitment to the administration that this bill will be considered this year.
 We certainly do need a balanced, enlightened trade policy. But this debate is not about trade.
 watched with dismay as a citizen, seeing Congress year after year relinquish its authority, turn that over to the executive, not do its job of accountability and oversight, not do its job on trade.
 And the gentlewoman from New York has 11 and a half minutes remaining.
 You've voted, not once, twice, overwhelmingly, to support your brave president and his government and the Colombian armed forces as they fight the narco-terrorists and defend your rule of law.
 Do you believe they can change the rules and then we say that they dictate the legislative calendar of the House of Representatives? I think not.
 accomplish so much.
 Speaker, there is yet another reason why this free trade agreement is untimely and requires additional consideration moving toward passage.
 minute vote on the House floor on changing the rules for debating the Columbia Free Trade Agreement.
 The house is growing a spine today.
 we can do something about, what we haven't done enough about, is to send a positive economic agenda forth.
 problem for me for a long time.
 push forward in a time of economic insecurity is simply irresponsible for working families at home.
 All of this is designed to ensure that the concerns and prerogatives of the United States Congress are met.
 Thank you and thank
 I said, Mr. President, you shouldn't send it for two reasons.
 Some have concerns about the content of the agreement.
 That means when health care costs are up like that, we make sure there's health care security for the American people, which is
 woman from New York.
 I think that's it.
 and more than 400 over the last six years.
 500 days since this treaty was, this agreement was negotiated in good faith. Changes made since then and elements that dealt with the environment and labor that the Columbians went back at our request and made. 16 months of talking to the leaders on, of the majority about what was the best day to bring this agreement.
 woman from New York.
 The gentleman from California is recognized for two minutes.
 Congress first gave trade promotion authority to the President in 1974 in order to allow him to engage directly with our competitors around the world to level the playing field,
 Without objection.
 Thank you very much for the honor.
 have an agenda. And just trade alone is not an agenda to make sure that the middle class of this country that built this country since World War II are strengthened to compete and win in this globalized economy.
 my colleague, Mr.
 progress on improving human rights, the rule of law, ending impunity, breaking Colombia's political and military ties to drug lords and paramilitary groups, and protecting and promoting basic labor rights.
 heard them talk about different things, but I think it's important to know what brought us here today.
 As a result, the argument in this case has found an overly credulous audience in this body and proven persuasive to the uninformed.
 The President has violated protocol in terms of not fulfilling the outlines that we've been using historically.
 Mr. Speaker, we in Congress have a fiduciary obligation to ensure that the legislation passed through this chamber represents the best interests of those that sent us here, the American people.
 purchasing power of the income that people have is either stagnant or going down, they
 We ran trade surpluses.
 And when they did, we could talk.
 the
 I'm not saying these things shouldn't be considered. But how many people, Republican or Democrat, has the slightest idea what's in the trade bill? Why not give them an opportunity to make this decision, not based on 40 days, 50 days, or 90 days, but for us to bring up these things?
 going to push and push and push until some larger force makes us stop, he said.
 and businesses are dealing with a rising cost of living.
 I think that it's regrettable, it's
 perfectly entitled to do it under the law.
 Whether it's unemployment insurance, summer jobs programs for their children, or other initiatives.
 the last decade has worked closely with us to try to solve their problems and the problems of this hemisphere.
 One of the lessons of history is that starting a trade war can bring about a recession.
 Today, Columbia can sell their products into America with no tariffs, no restrictions. But when we try to sell our products, we find barriers and costs.
 The approach of the administration and the then Republican majority in Congress was to go their own way and dismiss bipartisan effort, starting with a side letter to the Jordan FTA thwarting enforcement of worker rights provisions negotiated by the Clinton administration. In the cases of Morocco, Bahrain, and Oman FTAs,
 Even then, Colombia had the highest rate of trade union murders in the world. But death threats, attacks, and disappearances skyrocketed. But this one year hiatus in the murder rate may be over.
 So let's have a timetable for the American people.
 wrong to allow that tax credit to end.
 Human rights, ladies and gentlemen, is worldwide. When we give them jobs, we give them hope.
 President Uribe has made some progress. Systematic killings are still far too prevalent to warrant the passage of this bill.
 What is Congress's end of the bargain under TPA? To hold an up or down vote within 60 days in the House and 90 days in the Senate.
 H. Res. 1092 relates to the consideration of H.R. 5724, the United States-Columbia Trade Promotion Agreement.
 And in the Congress, we have people who share your view, or others who share your view that we should pass it as
 The Speaker of the House has the right to prioritize legislation.
 Colombian workers and producers already have free access to the U.S. market, but we don't have reciprocity.
 I yield three minutes to the distinguished ranking member of the Committee on Ways and Means, who is a strong opponent of the Zugo Chavez rule.
 supposed to be a deadline for a vote in the House.
 Colombia is an ally and a friend, and I commend President Uribe for reducing violence and unrest in Colombia.
 woman from New York.
 bottom line question is will Congress assert the authority that it has under the Constitution? We can exercise it. Best circumstances, we do it in cooperation and in consultation with the executive. But if
 Are the gentlemen recognized for how long? No period of time at all.
 despite this day of legislative action that will live in infamy.
 We had no trade agreements before we went to the process of Trade Promotion Authority because nobody wants to trade with you if they don't think you're dealing in good faith.
 Legislating like elections is about choices and changing the rules.
 There have been hundreds and hundreds of meetings over the last 15 months trying to come to an agreement on how this bill shall be considered.
 Why is Latin America all today watching this debate in this House? Because today the House of Representatives is going to tell the world how we treat our best friends, how we
 And the important point here is, whether it's the substance of the bill, whether it's the conditions in Columbia, they are to be, obviously, major considerations.
 Section 151E1 and section 151F1 of the Trade Act of 1974 shall not apply in the case of the bill HR 5724 to implement the United States Columbia Trade Promotion Agreement.
 common theme I've heard from my Democratic colleagues throughout this testimony is concern for America's lost prestige abroad. They
 for millions financial ruin is just around the corner.
 now Mr. Bush's recession.
 members, if you can kindly clear the well.
 And so as you've changed the rule and just sending it over saying it's your responsibility in the House,
 idea that we would again continue to follow that failed policy, but the most important thing today, we are not debating the Columbia US Free Trade Committee.
 my colleague for lending me time.
 The checks will be going out to Americans here beginning in the middle of May and will continue to go on through the end of July.
 a message that we can send not only to Colombia but to the rest of South America that we want to engage in them.
 only 3% of our goods go into their country duty free.
 embraced rule of law.
 Today we have a $14.1 trillion economy.
 Speaker, what the majority leadership of this Congress, what this rule is saying to Columbia today is, you voted to tie your economy to the United States, but sorry, we don't care.
 Mr. Speaker, I'm pleased to yield two minutes to the gentleman from Michigan, Chairman of the Waste Committee Subcommittee on Trade, Mr. Levin.
 I've been to Baranca Bermeja, Sincilio, and Popayán.
 Thank you.
 So I guess I should infer from that that there won't be any more speakers other than your close I presume.
 I ask my colleagues to recognize that we have an obligation to the American people.
 I reserved my time.
 demands that the administration closely consult with Congress prior to, during, and after the negotiating process.
 The number of internally displaced grew by 27% over the past year due to increasing violence throughout the country.
 Thank you.
 This bill's been around for a while, and matters have only gotten worse in our economy.
 Thank you so much, Madam Chairlady, for giving me this opportunity.
 He sent Congress the Columbia Free Trade Agreement in an attempt to force consideration of the measure within 60 days by using a provision known as Trade Promotion Authority or Fast Track.
 For a Republican minority, and particularly the gentleman from California who whined day in and day out about their inability to offer amendments to even the most minor of bills, I've never seen a group so eager to give up their right.
 When it does, I know it will have inject demand into the economy, create jobs, and I think stimulate the economy.
 Weight can be a good thing.
 The gentleman from California has 13 minutes remaining.
 We don't care.
 about the guiding principle of the Bush administration, arrogance.
 essentially not exercise the constitutional authority that we are custodians of, each and every one of the 435 members who have been elected.
 been willing to work with the Congress.
 How much more middle class jobs could you try to provide than you provide when we open their market to us?
 reverse truth underlying the political battle lines over trade, that this action would harm American interests at home and abroad.
 This is a great day and the beginning of a new trade policy for the American people.
 These are not difficult.
 has not affected their economies, they're very lucky.
 will be a 15-minute vote.
 I find it shocking that the Democratic leadership would turn their backs on our friend and ally,
 By passing the rule today, we will no longer be bound by arbitrary deadlines and the House can bring up the agreement at the appropriate time and under the appropriate conditions.
 change the procedure, we
 Mr. Speaker, may I inquire from my colleague how many requests for time he has remaining?
 pledge to this body as Speaker of the House that at the appropriate time, if many of these concerns are addressed in terms of America's working families, that we can take up legislation for such a trade agreement.
 we need here and what we are seeking here is a new deal for the new economy for the American workers.
 The gentleman from New York is recognized for three minutes without objection.
 against it.
 push forward in the midst of gross violations of human rights in Colombia is simply wrong.
 The administration, Mr. Speaker, upheld both the letter and the spirit of the law at every single step.
 Speaker, to speak in opposition to the Zugo-Chavez rule, I'm happy to yield two minutes to my good friend from Marysville, California, the ranking member of the Trade Subcommittee, Mr. Herger.
 I strongly oppose this extraordinary, unprecedented, and I believe dangerous change to the House rules.
 I'm delighted to yield one minute to the gentlewoman from California, the distinguished Speaker of the House of Representatives, Ms. Pelosi.
 keep up with it. Gentlemen from Virginia is recognized. One minute. Well,
 Hardly any of these murders have been investigated or prosecuted.
 500 days old to the floor of the House and it's not going to happen today or it's apparently not going to happen anytime in the near future.
 Mr. Speaker, this rule must be defeated. For the sake of our national security interests, our leadership in the international community, and our responsibilities as an institution, I
 woman from New York is recognized for one hour.
 Because this Congress until today has never had a spine to stand up to the special interests that are pushing failed trade policies, policies that fail the American people, to
 a timetable for America's working families. And nothing that we are doing here now should be misconstrued in terms of our attitude toward Bolivia, excuse me, Colombia.
 Let's see how we can work together to make that change.
 President had a choice.
 One is, if you don't like the rules, you change the rules.
 standing up for the workers in Colombia.
 can make a difference not only here at home, but in Colombia and throughout the hemisphere as well.
 Government of Colombia, its business leaders, and its private sector unions all strongly support this agreement for the very reasons that it is opposed by the region's most nefarious forces. It would
 Maybe this is a radical idea, Mr. Speaker, but shouldn't the energy, passion, and focus of the administration be on fixing these problems?
 Colombia is a close ally under siege, and as the Washington Post points out today, score this action as a boost to Venezuela's agenda of destabilizing democracy in Colombia.
 from California.
 a vote for American workers and their families, a vote for human rights.
 agreement would let our workers send products there with no tariff.
 This rule reflects the Speaker's response to assert a Congressional role on international trade under the Constitution of the United States of America.
 There is so much more to Colombia than the administration's day and a half excursion tours to Medellin and Cartagena.
 Mr. Speaker, we need to stop this unprecedented attempt to rewrite trade laws and jeopardize fair trade for America's farmers.
 And if the gentlewoman would, suspend until we have order in the House.
 Why don't you allow us to share with you some of the techniques we have, some of the technology, work with your law enforcement, so at the end of the day, those who claim that it's murder that stops us from voting on a trade bill, that we will be able to say that we're working with them.
 No, if we don't do it, we will lose jobs that exist now.
 No, thank you.
 We are the people's house.
 That is not the way to deal with our trading partners around the world.
 President Uribe made it very clear that the best way to support Colombia's struggle for economic and political security is to pass this agreement.
 It doesn't guarantee a vote by any time certain. It doesn't push the vote off until after the election.
 true Mr. Speaker that murderers of trade unionists in 2007 were about half of what they were in 2006.
 With that, I yield back the balance of my time.
 We've got to deal with countries in good faith.
 met with union members who support this agreement.
 current Chair of the Federal Reserve last week, the end of last week, testified to Congress that there is a possible recession.
 Energy is up nearly $2 a gallon since 2001. Nearly $2 up. Healthcare costs have doubled. College costs are up 64%.
 As I said, just from a practical standpoint, Mr. President, you simply don't have the votes.
 gives the House of Representatives the right to schedule when the agreement is undertaken.
 The
 60 days to work in a bipartisan way.
 consequences throughout Latin America.
 If we don't make those investments, projects will have to discontinue.
 I request the A's and A's.
 I've gone to Colombia twice in the past few months, once with Commerce Secretary Gutierrez and once with the Speaker's House Democracy Assistance Commission.
 You've also heard some raise questions about what consequences our action here today will have on the Senate's consideration of the Columbia Free Trade Agreement.
 Members and staff who wish to remain on the House floor are encouraged to take a seat.
 The game's time has expired.
 I've spent hours in meetings with human rights groups, with families whose loved ones are held in brutal captivity by the FARC, and with victims of violence by the paramilitaries and the Colombian Army.
 Today American workers compete against imports from Colombia that enter our country virtually duty-free.
 A gentleman from Vermont is recognized for two minutes.
 to change the rules under which the consideration of this free trade agreement should operate between the House and the Senate.
 quickly 100% would have no tariff.
 The notion that pursuing these FTAs somehow costs us jobs is preposterous and the facts don't hold it up.
 Mr. Speaker, I'd again inquire the distinguished chair of the committee on rules if in fact there are going to be any other speakers on the other side of the aisle.
 time has expired.
 from California.
 And that sustainable progress was required before consideration.
 never advocate walking away from Columbia.
 rise in strong support of this rule.
 What purpose does the gentlewoman from New York rise?
 Gentleman from New York.
 This agreement would immediately eliminate tariffs for Washington State apples, cherries, pears, potatoes, wheat, beef and more.
 Gentlewoman yields back the balance of the court.
 action today is nothing short of political blackmail.
 Columbia today is safer than Washington, D.C.
 The next time is expired.
 Las Vegas Review-Journal says that what we are doing is stabbing our trading partners in the back.
 Objection. So ordered.
 you send that bill to the Congress under these circumstances.
 an additional 30 seconds.
 I've heard this and played this game before.
 We have concerns about workers in Colombia and we respect the leadership of President Uribe.
 back.
 for the time.
 The supposed failure to consult is just the latest pretext for the shameless politicization of free trade policy and the abandonment of a key ally.
 unanimous consent to revise and extend my remarks in opposition to this resolution.
 even opposed expanding health benefits to children.
 This time I'm happy to yield 30 seconds to my very good friend, my California colleague, the ranking member of the Trade Subcommittee of the Foreign Affairs Committee, Mr. Royce.
 regularly make the argument that process is substance.
 objection the previous question is ordered.
 I would like to regain some of the abilities that we have lost already to represent the people who send us here.
 turn our back on our best friend in Latin America.
 is a way to create good paying jobs right here in America.
 Time has expired.
 It's sabotaging our relationship with our best and closest ally in South America.
 Mr. Speaker, the American people have been promised a lot when it comes to trade.
 In fact, this agreement would help Colombian labor unions.
 Gentlemen yields back the balance of his time the gentleman
 defend the rules of the House. And what are we giving up? We are giving us an opportunity, one, to find out what's in the trade bill, and three, which is most important, what
 When Democrats pressed for Peru to bring into compliance with the language of the agreement, the administration attacked Democrats and refused to even participate in the changes that Peru made in its legal structure.
 union jobs.
 Mr. Speaker, let me yield myself the balance of the time to simply say that this has been a very interesting debate.
 The speaker points out, well, the president did this and frankly there are other priorities in the house.
 President informed me that he would be sending the bill over the next day.
 Democratic leadership through this rule has firmly shut the door to any discussions.
 As a result, they will gain a competitive advantage over American products.
 I would like to yield for unanimous consent to my good friend from Connecticut, Mr.
 The gentleman's time is expired.
 back.
 The fact is, as I said to the President, many people in America now are concerned about losing their jobs.
 We're having a conversation here about trade and globalization and about how to make sure that in fact globalization is a win-win strategy for the American people.
 with the Attorney General there.
 So that's why, Mr. Speaker, what we're considering today is nothing more than the Hugo Chavez rule.
 Speaker, ironically on Wednesday morning when the Democratic leadership was announcing their intention to take this highly divisive, partisan, and unprecedented action, I was sending a letter to several of my Democratic colleagues.
 successful trade agenda depends on joint partnership between the Congress and the administration, as was the case recently in the Peru Free Trade Agreement.
 If you don't do anything in 90 days, it is the House of Representatives that killed a bill designed to help our friends in this area. Or to say, Mr. President, you forgot to consult with us.
 to talk about human rights.
 One Republican pointed out, yeah, it's been the policy since 1974.
 In fact, the whole idea that we were going into recession is nothing new to most families across America.
 So naturally it is vehemently opposed to someone who is systematically dismantling representative democracy and free markets and resorting to corruption and crony capitalism to enrich government coffers at the expense of the working poor.
 If in the rules that the distinguished chairman of the Rules Committee has outlined to us, there's an area of consultation before the President actually sends a complex piece of legislation to the House, which is more conducive of bringing us together?
 The situation we find ourselves in today deals directly with that issue.
 I have repeatedly told the Colombian government that I am always willing to reassess my position. But when it comes to issues like human rights, I refuse to be a cheap date.
 always an honor to receive a call from the President.
 Mr. Speaker, over the last few years, we've witnessed a number of struggles between the first two branches of government.
 Chairman Rangel, my good friend, said, well, nobody's talking about the economic benefits.
 by
 We've got lots of people who feel strongly about that.
 We today are making sure that there's a win-win strategy to that globalization.
 standards included with the strong support of the Democratic leadership to require Columbia to continue the tremendous progress it has made to improve labor rights.
 We all remember CAFTA, where the administration's approach was go it alone from the beginning through the end, with false claims that the other nations were already in compliance with international standards.
 Mr. Speaker, like many of my House colleagues, I have travelled to Colombia several times over the past seven years.
 The Colombian Free Trade Agreement will allow U.S. manufacturers and U.S. workers who produce these goods to send our goods to Colombia virtually tariff-free.
 could be more fair. And Mr. Speaker, I had an opportunity to sit down with the Fed Chairman this week and it's
 America's status in the world has never been smaller than this day.
 The minority leader is recognized for one minute.
 What does this say to Colombia? What does it say to South America? And what does it say about free and fair trade around the world? This is a precipitous step in the wrong direction.
 I am proud to say that our prerogatives, which have been slipping away from us for the past 12 years,
 With that objection, the motion is reconsidered. It's laid on the table.
 Columbia. The question we may ask is that is you really doing a man that I respect as much as he should? Should
 that lone decider has unleashed one divisive, disastrous decision after another on our land.
 The promise of good-paying work on the horizon has consistently been dashed by the reality of job loss.
 A gentleman from Washington State is recognized for one minute.
 This is the vote.
 According to Human Rights Watch, 17 have been killed this year alone.
 Mr. Speaker
 Thank you Mr. Speaker, I ask unanimous consent to revise and extend my remarks.
 The argument has been made that by sending up the implementing legislation without an invitation, the president has violated the rules set forth by the Trade Act of 1974.
 and also because of the number of trade unionists who have been murdered.
 held nearly 450 meetings since August of 2007 and taken 55 members of Congress to Columbia to see the situation there for themselves, to see
 Let's just talk about where the possibilities are for passing it.
 That is, I think, the only fair thing to do.
 Those who work full time, 75 million Americans who do not have a savings plan outside of Social Security have, in fact, a 401k like the rest of us.
 When you do, I hope you will also tell him we congratulate him on his excellent representation in the United States in the Ambassador's service here.
 the people that we can help with this agreement.
 who ask for our continued help in accomplishing even more.
 yet another indicator of the worsening economic situation facing millions of America's families.
 Mr. Speaker, representatives and senators are elected to vote.
 The Speaker, I yield myself 10 seconds before I yield to the leader to say that I had hoped to ask the Speaker if in fact the votes are not there, why it is that we had to do this the day after the President set this message up, why we could not have waited 45 days. It was my hope that the Speaker could answer that question for us. Unfortunately, she has not.
 That's second in a series of votes on the House floor today.
 Who is America's most reliable partner in counter-narcotics and counter-terrorism in Latin America? The democracy of Colombia. Which elected national leader is the most popular elected official in all of this hemisphere? The President of Colombia, President Uribe. Why? Because he succeeded in reducing violence.
 certainly can address the provisions in the bill. But I'm not here to talk about that now.
 This is about jobs.
 Time has expired.
 from Texas is recognized for one minute.
 The speaker earlier went on about the fact that the typical protocol here was not followed. That the president sent this bill to the congress without the approval of the speaker of the house.
 No on this rule.
 against the advice of the Speaker, against the advice of the Senate Majority Leader, the President did what he could do, and that is send over on his own timetable a trade agreement when it wasn't ready to be considered.
 The gentleman from Massachusetts is recognized for four minutes.
 Without objection.
 The violence from all armed actors reigns supreme and community leaders are murdered like flies.
 a fundamental issue that we face in this role.
 Mr. Speaker, I find it fascinating that the Democrat majority this week can find time to rename post offices, but somehow cannot find the time to vote on a trade agreement to help create more American jobs.
 Colombia is a strong trading partner.
 and that it's responsibility for scheduling matters that come to the floor for consideration.
 But at a time like this, we should be working together.
 favoring a vote by the yeas and nays will rise.
 probably no place that's more important for us to reach out than South America.
 Go it alone, disdain for allies, dismissal of anyone who has a different point of view, has left this White House isolated.
 seen the new opportunities and economic growth.
 Members are asked to take their conversation off the House floor and those members remaining on the floor are encouraged to take a seat.
 It is really strange that the ranking member of the Rules Committee has presented us a speech this morning that is so similar that I don't remember the last time anyone in the administration has talked about the bill.
 Mr. Speaker, I'm pleased to yield one and a half minutes to the gentleman from Oregon, Mr. Defazio.
 could work together, as Mr. Boehner and I did, with the Secretary of the Treasury to put together a stimulus package that had strong bipartisan support.
 And there's no one in this House that I believe that the administration has not spoken to more in concerns of four pieces of trade legislation.
 The rule we're taking up today does not in any way affect the Columbia Free Trade Agreement.
 Unfortunately, the Democratic leadership has cut off this substantive process before it could even begin.
 The statute outlines very clearly the responsibilities of the administration.
 gentleman from California.
 violence against trade unions continues at an extremely high level.
 Mr. Speaker, the reason that we are here today is one that I wish could have been avoided.
 about the standard of living of the middle class in this country.
 I support this initiative because it restores the constitutional authority to this floor and to the Speaker of the House.
 The gentlewoman from New York has five minutes.
 I have sat down with former members of the paramilitaries whose leaders have gone to jail and who are now struggling to reintegrate into society with the help of government-funded social programs.
 American people deserve an agreement that actually responds to the needs of the American worker.
 The vote is recognized for one and a half minutes.
 Whether we're talking about rebuilding the infrastructure of America, whether we're talking about investments in an innovation agenda, our commitment to competitiveness to keep America number one, and that innovation begins in the classroom.
 We've talked about the fact the United States needs to be more willing to engage the rest of the world.
 A's are ordered.
 from Texas is recognized for one minute.
 Over the course of the last six or eight weeks, there have been serious conversations between the administration and the Speaker of the House about the consideration of the Columbia Free Trade Agreement.
 This is not a debate about whether we can compete with Colombian products or whether their workers are being treated fair.
 India already has access to U.S. market under the Indian Free Trade Agreement.
 We don't care.
 Someone from Texas is recognized for one minute.
 Congress cede its authority under the Constitution to the Executive, or does it exercise it? Mr. Speaker, from a distance, I have only been here a little over a year. I
 oppose this resolution strongly, Mr. Speaker. We call this fast-track authority for a reason.
 How can we trade away jobs when unemployment is climbing and our economy is in recession? We need to expand and strengthen trade adjustment assistance.
 We must take a stand for our national security and against the growing influence of Iran and other rogue states in the hemisphere.
 The man yields back to balance his time.
 Gentleman from Louisiana is recognized for three minutes.
 send it and we take it up, it will lose.
 Awarding the Colombian government with this bill under those conditions eliminates any leverage the U.S. government has to improve the respect for human rights and the rule of law in the future.
 Ninety days after signing, an International Trade Commission report is due.
 This is about Main Street.
 This time has expired.
 Others have concerns about the treatment of labor organizers in Colombia, and it's a real concern.
 why it was wrong to veto a children's health care bill for American children to give 10 million children's parents who work full-time health care. It is
 eliminate barriers to American exports, and create jobs for American workers.
 That is the legacy of Hugo Chavez.
 the opposed efforts to extend unemployment benefits.
 This agreement would cut tariffs 80% on U.S. beef, 15% on U.S. built tractors and so on.
 change the rules, other countries just simply won't don't want to deal with you.
 One former Labor Secretary has also uttered the word depression.
 For over a year, advocates of this agreement have worked tirelessly with our counterparts to bring it to the floor for an up and down vote.
 You can't fail us now. Yeah, it's got big problems, but we'll fix them later.
 It's all possible in the days that are before us.
 a long list of people here, Mr. Speaker, I would say to my friend, the distinguished chair of the Committee on Rules, and may I inquire how much time we have remaining, Mr. Speaker? The gentleman from California has four and three-quarters minutes remaining,
 woman from New York.
 for the purpose of debate only I yield the customary 30 minutes to the gentleman from California Mr. Dreyer. All time yielded during consideration of the rule is for debate only. I ask
 By passing the rule today, we are re-establishing the House of Representatives as co-equal to the President. And in doing so, we are standing up for America's working families and our
 People who talk, again today, who talk about free trade never mention fair trade.
 this isn't about ending anything. It's about
 She wants the president to deal with her on her agenda.
 been promised time after time in trade legislation that there would be the side agreements protecting the life and the work of labor, that there would be environmental safeguards, that there would no longer be child labor.
 Gentlemen from Washington State recognized for one and a half minutes.
 Members desiring to stay on the House floor are encouraged to take a seat.
 This vote is going to apply to every president, every Speaker of the House that deals with us.
 The gentleman from California.
 U.S. policy must take responsibility for the behavior of Colombian security forces trained with U.S. tax dollars, take into account the continued suffering of the civilian population in the midst of an ongoing conflict, and support the rights of victims after a decade of atrocities.
 This president, personally proclaiming himself to be a uniter, not a divider at the beginning, quickly transformed himself into the decider.
 to
 Today he is getting that vote.
 think the president had any choice but to bring to send that free trade agreement to the Congress and force Congress to act. And so
 I've also said what I've said many times to the President.
 from California
 colleagues who have gone to the country for ourselves, I was hoping that we could come together to simply share what we had seen firsthand in Columbia.
 representative from the State of Washington, the most dependent State on trade in the Nation, I strongly urge my colleagues to reject this unprecedented rule and allow the Colombian Free Trade Agreement to come to the floor to a vote.
 We certainly should do more for our economy.
 Speaker Yale. No, you have, you control your time with all due respect to the gentleman.
 middle class are feeling
 seeks recognition. I will continue to reserve.
 dealing with our own workers in good faith.
 And the biggest losses coming in construction and manufacturing.
 Prior to signing, it requires notice of potential changes to trade remedy laws 180 days in advance.
 This rule would be cheered by belligerent leftist guerrillas abetted by Venezuelan strongman Hugo Chavez, who seek to undermine the democratically elected Colombian government with menacing ramifications.
 I heard it said that this rule will allow us to consider this agreement this year after the election.
 don't try in a bipartisan way to move this agreement.
 deserve an up or down vote.
 wouldn't we want to give those 8,600 labor union workers a 15% advantage that they don't have today? When you change the rules, bad things can happen. This is
 And I will tell him today, we are still the world's manufacturing giant.
 Speaker, this time I'm very happy to yield two minutes to a hard-working fighter for freedom, member of the Rules Committee, the gentleman from Miami, Mr. Diaz-Balart.
 And besides, the reason we're not talking about it all that much is because it's a no-brainer from an economic standpoint.
 Thank you, Mr. Speaker.
 The gentleman's time has expired.
 ally faces an even graver daily threat within its borders.
 need look no further than the Trade Act of 1974.
 from Illinois is recognized for two minutes.
 is ready to fly.
 those in favor say aye all those opposed say no the noes have it
 We hope they'll be out there soon.
 I urge our colleagues to support the rule. Thank
 doing nothing here but hurting American workers and American businesses.
 I yield back the balance of my time. Thank you.
 will report the resolution.
 The real question I think we should ask a friend is that we know you have a problem.
 today they propose to flagrantly commit what the Colombian Vice President has called a slap in the face. Editorial boards across this country have similarly slammed this action. The White
 One in three Washington jobs is tied to international trade.
 the balance of my time.
 Urged by both the House and Senate Democratic leadership not to proceed with the Columbia FTA under present circumstances,
 I urge my colleagues to adopt this rule and to remain engaged with Columbia on these important issues.
 The Colombian FTA, American businesses will benefit greatly. Our ally will be strengthened and our interest in the hemisphere will be secured.
 vote back.
 takes my breath away.
 Thank you Mr. Speaker.
 They vote for this rule as they vote against American workers, period.
 And yet here we are today considering a rule that blocks consideration of the agreement under the rules of the Trade Promotion Authority, which were established over 30 years ago.
 forward to working on legislation that addresses the labor concerns, working class, indigenous Colombians, and that this is a two-way street.
 woman from Florida is recognized for one minute.
 The gentleman from Missouri is recognized for three minutes.
 borrowing $2 billion a day from the rest of the world, including communist China, to buy things that we used to make here in America.
 Columbia is our friend, is a neighbor in the hemisphere.
 Congress gets the final say, but it has the responsibility to not let a complicated and time-consuming negotiation to go to waste or languish indefinitely.
 The damage to our interests and our leadership will be significant and lasting.
 from New York is recognized.
 And of course, it's about our closest ally in South America, the Senate.
 The fact of the matter is, over the last four years, when this process began, the administration has been working very closely with hundreds and hundreds of meetings in a bipartisan way to come together so that we can do what both Democrats and Republicans alike have said that they want to do. Strengthen our ties within this hemisphere and do what we can to ensure that we bring about an agreement which will work to create jobs right here in the United States.
 This vote today is a vote to kill the Columbia Free Trade Agreement.
 People are struggling to make their paychecks stretch.
 agreement eliminates those obstacles to our goods and services and supports American jobs.
 I urge my colleagues to vote no on the Hugo Chavez rule.
 Thank you.
 any hope of bipartisanship on this issue.
 today was necessitated by the partisan and irresponsible actions of the President.
 If we're going to have a vote here, why don't we put the Columbian Free Trade Bill up for a vote? Let the House work its will on that bill, because the fact is, I think it would pass.
 I urge everyone to vote yes on this rules change today.
 can't defeat President Uribe at the ballot box, but they want to in this Congress.
 Vehicles are there for us to do it.
 No one was quicker.
 Now after all of this, all of this consultation, all this time, the Democratic leadership wants to make an unprecedented, never before has this done, an unprecedented rule change to allow them to abrogate their role under TPA all the time while blaming the administration and claiming it's to blame, that the administration is somehow to blame for a broken process. They are
 By his actions on Tuesday, the President abandoned the traditions of consultation that have governed past agreements.
 Most people won't.
 In fact, today, if you take a look at the Washington Post business page, a new survey out showing the middle class feeling worse in this period of time than ever before, more
 with President Uribe.
 It was bad policy then, but after 24 years of that bad trade policy, our manufacturing's cut in half. The middle class is losing ground.
 Well, Mr. California is recognized. I thought I offered as a possibility for consideration.
 from Texas is recognized for 15 seconds.
 woman from New York.
 reached a bipartisan consensus nearly a year ago to ensure congressional consideration of this agreement.
 Even postponing congressional consideration of this agreement does tremendous damage to America's competitiveness.
 This is an opportunity for us to be able to establish our authority on the floor to work through legislation and to ask the question of my friends on the other side of the aisle, if trade bills are so effective, why are we losing jobs? Why are people without employment? Why are we in this economic crisis? And so we're standing up for American workers.
 We have the power to make a difference.
 Two is we continue to take actions that reduce confidence in dealing with the United States.
 This administration has turned a cold shoulder to the plight of American workers.
 By all accounts, the Colombian agreement is a big plus for American exports and American employment. What the majority is doing is giving near complete free market access to Colombia and taking nothing for our workers.
 Passing this rule would undermine that authority and damage United States credibility abroad because our trading partners could rightfully question the commitments of our government in negotiating trade agreements.
 Naturally, this agreement is also vehemently opposed by a terrorist organization that simply cannot continue to survive in a thriving, stable, and transparent democracy with strong institutions and an increasingly prosperous population.
 is the prerogative of Congress to suspend fast track if the timing necessitates it, and only when it is in the best interest of the American people.
 Mr. Speaker, I'm pleased to yield three minutes to the gentleman from New York, the Chairman of the Committee on Ways and Means, Mr. Rangel.
 unanimous consent that all members have five legislative days within which to revise and extend their remarks and exert extraneous materials into the record. Without a
 voted for one. But every president since I've been here, Republican and Democrat, says, hey we negotiated this deal in secret. You can't
 We certainly should do more for our economy before we pass another trade agreement.
 We have, let's see, I have.
 members and staff are encouraged to take their conversations off the house floor. Those
 I hope that you rethink the vote.
 None of that has come true.
 Thank you Mr. Speaker and I thank my friend from California for yielding.
 It's about having a timetable that respects the concerns, the aspirations, the challenges faced by the American people.
 We're not going to move this bill until the president deals with her agenda.
 I'd like to have my time to close.
 The gentlewoman from New York.
 He chose to force a vote.
 Conversations again have gone on for 15 months. But not one time during that 15 months was there ever a commitment by the Democrat majority to bring this bill to the floor for a vote in the House.
 arrogance that has served our country so poorly.
 how much time is remaining on each side.
 I remain dedicated to the Columbia people.
 mine.
 Mobilization can be a good thing.
 Thank you, Mr. Speaker.
 Since we did that, matters have only become worse, necessitating the need for us to do more.
 I reserve the balance of my time.
 reaching out to them in hopes that they would join me in a special order next week to talk about Colombia.
 we are going to be successful in passing a trade agreement, we have to first tell the American people that we have an economic, positive economic agenda that addresses their aspirations, addresses their concerns about their economic security.
 notification of intent to sign 90 days in advance, followed by advisory committee reports within 30 days.
 This rule is a public slap in the face to a loyal ally at the epicenter of a philosophical war between democracy and totalitarianism, capitalism, and socialism.
 What this rule would do is to eliminate the certainty under TPA that Congress will vote on this agreement.
 experts, including Federal Chairman Ben Bernanke and former Fed Chairman Alan Greenspan, have confirmed the serious challenges to the United States economy.
 The gentleman yields back the balance of his time.
 We are not doing that.
 Well, my good friend knows that that's not the case.
 woman from New York.
 Florida is recognized for two minutes.
 about manufacturing jobs, it's about
 In 1974, we had a $1.5 trillion economy.
 So what do we do? We don't go try to work to see if we can get the votes.
 a strong ally.
 on that rise for the Asian-Asian women from New York.
 hope that will help revive our struggling economy.
 I'm pleased to yield two minutes to the gentleman from Illinois, member of the Ways and Means Committee and chair of the Democrat caucus, Mr. Emanuel.
 Many more are ready.
 I'm happy to yield one and a half minutes to my Rules Committee colleague, the gentleman from Pasco, Washington, who's vigorously opposed to this Hugo Chavez rule.
 a threat that has been weakened by President Uribe's brave efforts, but one that still exists.
 legislation that establishes fast track to see that the very statute itself allows that like any rule of the house fast track procedures can be suspended.
 Washington Post compared to telling Columbia to drop dead.
 Since 1991, Columbia has had open, free entry into the U.S. for many of their products, while steep tariffs block our farmers' access into Columbia.
 speaker by direction of the committee on rules I call up house resolution 1092 and ask for its immediate consideration.
 The fireworks recognized for one minute.
 no on this horrible Hugo Chavez rule, Mr. Speaker.
 announced.
 I think the speaker made it very clear.
 This rule change is nothing but an abdication of responsibility and a decision to leave the hard decisions for another day.
 I urge my colleagues to vote yes and stand up for working families both here at home and in Colombia.
 The administration decided once again to go its own way.
 Speaker, for unanimous consent request in opposition to this Hugo Chavez rule, I yield my friend from Michigan, Mr. Camp. Thank you, gentlemen. Gentlemen from Michigan is recognized for how long? I ask unanimous consent to revise and extend my remarks. I'm sorry.
 If it's a unilateral, my-way-or-the-highway approach that has been so often employed by this Chief Executive, then it comes incumbent on us to stand up and assert the constitutional responsibility we have.
 Speaker, with that I'd like to yield three minutes to my good friend from Springfield, Missouri, who will vigorously oppose this Hugo Chavez rule.
 My friends on the other side of the aisle cannot prove that ignoring the Constitution will get us jobs. Vote for this revolutionary yield.
 I thank the gentlemen.
 Since the agreement was signed nearly 500 days ago, congressional Republicans in the White House have tried to work with the Democratic majority to approve this agreement.
 Many supporters of this Hugo Chavez rule like to argue that this rule is as much about process as it is substance.
 Your absolute indifference towards our fellow citizens is stunning.
 A gentleman from California is recognized for 30 seconds.
 Our friends and allies will realize that our word at the negotiating table cannot be trusted and the rules can be changed in the middle of the game according to the whims of electoral politics.
 Thank you, Mr. Speaker.
 That's the deal. Close consultation followed by a timely vote.
 unemployed.
 too, but Colombia.
 when I had to say things that I had to say. Let's work together on this.
 while our exports going to Colombia face high tariffs.
 The House is now considering is an effort to delay, to hide, to slam the door and shut the door on free and fair trade that millions of Americans' jobs depend on.
 to even give it a chance. And anybody that thinks that, well, we're just going to push this off for a couple of months, that is nonsense.
 And that's what we see the Democrats doing.
 second biggest country in South America, a country that for 17 years has had access for our markets and
 Distinguished Ranking Member of the Ways and Means Committee has just reminded me of the fact that every country with which we have a free trade agreement, every single country, we enjoy a surplus of trade, a trade surplus.
 Why again is Latin America watching? Because leftist Hugo Chavez and his proxies, the narco-trafficking FARC, have declared they want to defeat the U.S.-Colombia trade promotion agreement.
 We passed the legislation.
 yields back the balance of his time.
 I move the previous question.
 Mr. Speaker, their actions are causing even more damage abroad.
 Instead of working with Congress to reach agreements on this accord, he instead took the unprecedented step of sending the Columbia trade deal to Congress over the objection of congressional leaders.
 with union members who oppose this agreement.
 We had a robust middle class in America.
 Most people are concerned about losing their living standard when the cost of groceries and gasoline and the cost of health care and education and other staples continues to go up.
 squeezed by rising costs, energy
 In fact, the action the House takes today is more in keeping with the spirit of the rules than the White House's move to force a vote.
 U.S.-Colombia Free Trade Agreement would deliver a significant blow to Chavez's authoritarian designs for the region and the FARC's terrorist agenda.
 We have a negotiation that was launched four years ago, concluded two years ago, and signed a year and a half ago.
 In sending up the agreement, the President said that he was open to continuing discussions with the Democrats.
 Right now, Canada, the European Union, are completing trade agreements with Colombia.
 seconds.
 The game is over.
 Why don't I, Mr. Speaker, yield one minute to my very good friend from Miami, who is the distinguished ranking member of the Committee on Foreign Affairs, Ms. Ross Leighton.
 staying to the house that you have 90 days.
 The President has attempted to dictate the legislative schedule of the Congress according to his political calendar. Over the objections of congressional leadership,
 The agreement that we hope very much we could see this institution pass would help to strengthen democratic institutions, provide real economic opportunity for the Colombian people, and solidify the rule of law.
 with people who have been disarmed and have left the paramilitary organizations. I've met with shantytown residents. You want
 the right of every member of this house to offer an amendment to this trade agreement in a rush to rubber stamp yet another failed so-called free trade agreement.
 So this is nothing new.
 And what we're ensuring today is that when we have, in fact, a trade deal that is not seen as a cost to the American people, but seen as an opportunity to succeed in that world.
 woman from Texas is recognized for one and a half minutes.
 we can expand our thoughts on this with your five minutes. I think I'll reserve it. Thank you.
 Congressional prerogative is a familiar theme these days and I'm a strong supporter of congressional prerogative.
 talking about Hugo Chavez.
 Mr. Speaker, if the Colombian FDA came up today for a vote, I would strongly oppose it.
 On Monday, I received a call from the President of the United States.
 Let me tell you what, when we passed the Andean Trade Preferences Act earlier this year, virtually everything that comes from Colombia to the United States comes here duty-free.
 trying to level the playing field here, Mr. Speaker. We're trying to create more American jobs.
 Thank you, Mr. Chairman.
 Last year, with the loss of a congressional majority, the Bush administration was forced to include fully enforceable labor and environmental standards in the pro-FTA.
 gone to Putumayo, not just to fly over fumigated territory, but to meet with hundreds of human rights victims and campesinos on the ground.
 The agreement includes robust, enforceable, international labor organization core labor standards.
 Cheney's current chief of staff, he summed up this situation very directly.
 Last Friday's unemployment rate was 5.1 percent and more jobs, over 80,000, were lost last month alone.
 solution is agreed to.
 And when has anyone ever heard that they didn't have a crisis in terms of peace and tranquility against terrorism and assassination?
 affects the Senate, not a wit.
 Thank you.
 We are sending a very bad message to our partners around the world, all in the name of election year politics.
 Speaker, this procedural vote, if it's successful, Congress would be rebuffing the Columbia Agreement through technical gimmicks and rejecting a level playing field for American workers.
 objections the world's biggest
 Congress must take special action to assert its role.
 administration has been talking and talking and we think that if we didn't bring this forward it would never come up for a vote at all.
 However, Colombia still leads the world in trade unionist murders.
 for Yale.
 And as I said to the Ambassador yesterday, I hope you will convey that message to the President and
 people are the poorest people in the world.
 ignored those concerns and sent the bill over.
 agenda to make sure there's an economic security plan for the American.
 those possibilities are greatly diminished.
 And that certainly makes one suspicious on this trade bill.
 ranking officials met with Congress 160 times prior to and during the negotiations. They've
 treat our best friend in Latin America? And who is our best friend in Latin America? The democracy of Colombia. Who is
 What we're saying to the President, we can't do everything, much about some of these things.
 I yield one minute to the distinguished Republican leader, our friend from Westchester, Mr. Boehner.
 for about an hour of debate between members of the House over this change in the rules. Congressional quarterly reported the debate like this late yesterday. The House
 Last week, we've all heard the lengthy testimony of General Petraeus and Ambassador Crocker,
 Each day, it becomes clearer that our country is teetering on the edge of economic disaster
 Let's do our job and vote on the Columbia Agreement.
 I thank the gentlelady for her leadership on this important debate.
 plead with my colleagues today, do not make a vote which will undermine the credibility of the United States, making it more difficult for any future administration to eliminate barriers to the sale of products made by us.
 The President exercised his prerogative under a rule that was enacted by this House in 1974, but
 Mr. Speaker, at this time I'm happy to yield a minute to one of the greatest proponents of free trade, the member of the Ways and Means Committee, a gentleman from Woodlands, Texas, Mr. Brady.
 But the action that's being taken here today is going to do nothing more than to hurt American businesses and American workers.
 about middle class jobs that my good friend from Illinois just talked about. I mean.
 Sixth recognition. Gentleman from California.
 Thank the gentleman for yielding.
 Mine workers in Texas want to know why can they buy products in Columbia at the local mall but we can't sell our products around this world.
 Mr. Speaker, I thank our distinguished chair.
 policy under the Bush administration has been badly off track.
 visited the slums of Bogota where the poor and the internally displaced struggled to survive.
 is in order.
 we're saying is that let's give the House more time and not a timetable to see what can we do to facilitate an atmosphere that would allow the members at least to know what's in the bill.
 left us with a disastrous war and
 met with the Attorney General and discussed extensively his efforts to prosecute violent offenders and end the days of impunity for murderers.
 As the Speaker said, she and I came together and our members came together on both sides of the aisle earlier this year to pass an economic growth package.
 number having risen the
 we have a country in South America that's doing their best to fight off terrorists in their own country.
 are debating today is whether or not the House of Representatives is going to take back what it is entitled to take back
 I thought that our special order describing our experiences would be a constructive and congenial way to begin.
 I doubt whether there's anyone that has the compassion and concern more than I about the people of Colombia who I've learned to admire and respect and work with over the years, not only with their political problems, but certainly their fight with narcotics and trying to preserve democracy in that country.
 simply removes the timeline for considering it.
 a young male woman from New York.
 When they did, we could talk.
 for someone who has voted for trade bills that are fair.
 I have one more who is not presently on the floor, so I'll let her speak.
 What we are talking about, because no conversation about trade is ever about trade, it's about
 Over each of the past three years, murders of civilians by the Colombian Army have been increasing.
 commend her for her very distinguished leadership of the Rules Committee and for bringing this very important rule to the floor today.
 sets forth a number of negotiating principles.
 I urge a no vote. Gentlewoman from California.
 we need to listen, that we need to reach out to countries around the world.
 Members will record their votes by electronic device.
 Speaker, to speak in opposition to the Sugo-Chavez rule, I'm happy to yield a minute and a half to my very good friend from Morris, Illinois.
 Most of what we're talking to the President about are part of what has passed this Congress in mostly an overwhelming bipartisan way.
 This is a country that has come miraculously far in just a few short years and has so far to go.
 makes promises that will not be met.
 Mr. Speaker, I'm pleased to yield one minute to the gentleman from Texas, a member of the Committee on Wage and Means, Mr. Doggett.
 this.
 Well I say to the people of Columbia, Mr. Speaker, like the President of the United States, many of us here in Congress are with you. And you are not alone.
 Our workers already make products that come in here every day with virtually no tariff.
 opens 80% of Colombian markets that currently are closed, have high tariffs to American farmers and American manufacturers.
 Speaker, at this time I'm happy to yield a minute to my very good friend and a passionate free trader, the gentleman from Texas, Mr. Hensarling.
 been changes made. There have been side agreements that have come forth as a result of this. And
 One from California.
 Thank you, Mr. Speaker.
 choice is clear.
 Thank you.
 is not only about human rights, this is about domestic responsibility. How
 want to admit it to by the administration and the Colombian government, their differences of opinion as to how this is changing.
 why it is wrong that when we have an extension of the Hope and Lifetime College Credit so Americans can get to community colleges, can get the chances for their kids to go to college, it is
 benefit a few on Wall Street.
 Thank you Mr. Speaker I yield.
 Persecution of trade unionists is well known because since the beginning of this year, 12 have already been murdered.
 60 days after signing a list of laws changes is due.
 Now you think it's very important to pass a Columbia Free Trade Agreement.
 Let's start.
 H, intermittent or reduced schedule leave.
 Questions? I just have one. I'm sorry.
 getting tired then. All right. No, I actually don't have that. So bed read it in is that I just should be given a copy of this policy during the course of their senior year to ensure their knowledge of their obligations to perform under this policy. Thank
 That's awesome, very generous.
 Rather than relying on all their member districts to have their own transition night or in partnership like we do regionally, they are now starting to run their own so that they fill the gap in case they have member communities that don't and families that need that information.
 You actually are going to have a choice of two different weeks this year.
 All in favor?
 My eyes are failing me.
 you and all of the other candidates.
 Checks payable to individual members of the graduating class are not permitted.
 leave more than five weeks prior to end of term.
 Thank you.
 And I think that's what really struck me in Amy's introduction was we're not doing that anymore. We're actually just highlighting the wonderful ways that technology supports our staff and our students in the process. So for me, that was the big takeaway. Amy did all the work, so I'll let her talk to you about it.
 second that. Is that okay? Yes, all
 So it will be interesting to see what they have to say tomorrow as to the latest.
 I call the tent.
 Student activity checking account shall be audited annually in accordance with DESE guidelines.
 Right. Where is he?
 have changed.
 and they're able to think critically and collaborate with all of the tools that we have through Office 365 and to communicate and to have all that creativity with being able to produce things, not just consume.
 So it is engaging.
 Office 360 provides our community with Office applications such as Word, Excel, PowerPoint, OneNote, Outlook, and Sway.
 I have no criticism of it at all.
 And if the event giving rise to the need for leave is not foreseeable, then the employee must give such notice as is practicable under the circumstances.
 We do a lot of work before we get here and after we get here and while we're leaving here. So thanks to our friends at Fox Pro Cable Access.
 bigger than any other year.
 So many of you are familiar with the tower garden project that we have at the Taylor School, where we're growing our own food. You should go to the Taylor School to see it.
 So it's donated to her school, where she is a member of the faculty, for their use, for whatever way the school would like to use that to honor her.
 But I felt we were still apologizing for where we weren't.
 under J, sick leave, workers' compensation leave, or other absences.
 825 acceptance of donations
 Thank you.
 I don't want to thank you.
 Maryland. Do you want to give us an update on the DECA? Have you heard from your son? I've heard from him. They're having fun. Lauren and Elena from American Idol did a concert for the 18,000 students.
 These funds will then be allocated by a vote of the school committee.
 We currently have nothing in our policy on graduating class funds.
 All right, thank you.
 We're also commonly known as the Drama Club.
 The only comment I will make on this that I'm uncomfortable with, but it's state law, so we will obviously have to deal with it.
 I see, elective A type things. Right, it's not talking about an emergency surgery or a need that way.
 Thank you.
 The employer shall not interfere with, restrain, or deny the exercise of any right provided under the FMLA, and shall not take any adverse employment action against an employee for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA.
 They have tried to begin some parent education programs, which typically doesn't exist in a collaborative that big. But they, for example, they mentioned Signs of Suicide, Information Night, which is a program that's used in most of our schools, us included.
 Thank you.
 830 now entertain a motion to go into executive session for the purpose of discussing negotiation strategies with union personnel for extended day staff the committee
 right there.
 In addition, Office 365 provides online storage with OneDrive and video call using Skype.
 We hold that.
 Yes.
 Very thoughtful.
 Thank you.
 Bring Your Own Device, also known as BYOD, allows students to bring personally owned mobile devices including laptops, tablets, and smartphones to school for educational use.
 our first readings.
 That's right.
 Their school gets a donation
 with the symphony between last meeting this one did and the symphony on April 16th our Hearn school students and our high school students it was magnificent I was there
 So this should be on our radar for annually.
 I move to accept the long range strategic planning with the amendments made.
 She teaches sixth grade math and science.
 We had a phenomenal lunch last year when we went.
 I think it's just a question of let us do a little bit more digging about how other people are handling that and how do you advise the kids how to best take control of the money without impacting yourself as an individual college student.
 And based on all of those different ways that technology is being used, we wanted to try to capture that across the district.
 And I think that's a really good point.
 You may remember that back in December, Mr. Yukna brought to our attention the need to set some limits on the funds to be included in the student activity accounts.
 they must share the available time if they're both employees.
 reduced leave schedule, a leave schedule that reduces the usual number of hours per work week or hours per work day of an employee. Secretary, the Secretary of Labor.
 Okay.
 Yeah, I can still make that stuff happen.
 I want to thank the world language staff for their world language and culture night, which was the most successful one yet.
 actually gave us five towers which we happily took.
 Employees on leave are entitled to the continuance of group health coverage under the same conditions they received coverage prior to the leave.
 The employer will not provide paid leave in any situation where it would not normally provide such paid leave.
 So that is the first one. And you have in your packets the current policy, which is quite short. And our, Bevy and I met and discussed this and went through the very lengthy family leave policy.
 Thank you, Madam Chair.
 This is the time where I say, oh, thanks for you for remembering it.
 That's okay as long as we all are aware of it.
 Bye.
 Absolutely.
 I just want to thank everyone.
 We have one more policy.
 of being consistent.
 There's always more to do. But you made me have a thought, actually, that because they have a vision, Erin and Bill, for the procurement of the things that we need, we actually haven't increased our capital technology. We've just repurposed it more flexibly so that we're not buying as many as what you would think of the standard desktop, but we're buying the things we'll really use in the capacity that we believe they should be used.
 And it's what the teacher is doing with our curriculum.
 Do we have a motion? I will motion that we accept the $1,000 so graciously donated by Partners in Patriotism for the Massachusetts Educational Theater Guild.
 And thank you.
 So just to elaborate on a couple of those there. Referrals and enrollment are continuing to increase, so they're back up in terms of the collaborative to where they typically are at this time every year, which is close to 200. They have 196 students.
 contract again so that
 That is the version that your attorney is recommending for your consideration.
 Thank you.
 I'm going to call her in a few minutes.
 Let's just say we need a new initiative called technology, we're going to buy stuff.
 So there's some great resources that go with it.
 Alright.
 And then they go to Ellington. I'm thinking about the Ellington leave date.
 So you could effectively use their own wording if this is valid. You could use their own wording to just keep it there.
 That's why we moved here, for the schools.
 It says, whatever the name of the organization you just changed. I'm sorry. A little blurry on that one.
 Before we go on to visitors, first we would like to offer our condolences to Joseph Garrity in the loss of your Mimi.
 way, 610 way.
 Debbie Spinelli brought it up earlier, but I think it bears mentioning again or more that aside from the curriculum that we've done and the excellent work of the implementation and hopefully good adoption among the faculty,
 Employees returning from FMLA leave in accordance with this policy will be restored to their original positions or to equivalent positions with equivalent pay and benefits.
 That's probably the Laura and Alayna.
 Yeah
 I've talked to a lot of the towns around us and they're the same exact situation.
 Oh, Joe.
 And I wanted to compliment once again the art department on this incredible monument.
 to have a vote on the proposed 2016-2019 Foxboro extended day staff memorandum of agreement.
 It's the, anyway, it's the theater guild.
 to
 It said we'll comply with it.
 Okay, I'm gonna write it.
 I don't know why.
 It looks
 Long-range strategic planning is the primary process for effecting long-term direction.
 It makes me think so
 human resource support that must come with the efficient and effective use of the things
 I also had the pleasure of attending the district wide parent technology night. That was very good.
 Now, procedural requirements.
 If anyone has a question about how we would deal with these issues, it does delineate everything.
 If the employee begins leave with less than three weeks remaining in the academic term, the employer may require the employee to continue to take leave until the end of such term.
 We've got a lot of policy coming up.
 I know.
 We did get the donation.
 was here she could tell.
 not controlled by anybody on the school side.
 And is it captured somewhere else or?
 a member of the armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness, or a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness, or who was a member of the armed forces, including a member of the National Guard or Reserves,
 I like to use Koot in my classroom because I think it's a great way to have the kids engage in their own review for a test or a quiz.
 Thank you.
 to see you there.
 that would be going into their gift account.
 agents.
 And we strike this second, the B, and insert B, a draft will be submitted to the school committee for review and final approval.
 It's just one every three years is actually done by an outside firm.
 Thank you.
 The letter says that the finalists, the $5,000 will be used for STEM education.
 And that's what we see each day.
 I'm
 In compliance with Massachusetts General Law, Chapter 71, Section 47, the Foxborough School Committee, 1, authorizes the principals to accept money for organized student activity organizations which currently exist or, as from time to time, may be revised.
 It's all, well, there's the two funds that exist.
 I make a motion that we reopen our regular session.
 I move to accept the check in the amount of 3,400 for the Tower Garden Project from the Partners in Patriotism Fund with gratitude.
 The benefits based upon the length of service will be calculated as of the last paid workday prior to the start of the FMLA leave of absence.
 We get it, we send it right.
 C, eligibility 1, 1250 hours in previous 12 months to be eligible for leave under this policy.
 It's been a hard thing.
 I'm going to be a little bit more of a talker.
 requests should be made 30 days in advance of the commencement of the leave, but in any event, as soon as practicable.
 Our vision really is to make it to where it is a compelling learning environment and one where kids are engaged.
 Okay, so but we are doing it so
 It's not in our control anymore.
 the registration.
 I saw that the Burl School is doing a walk-a-thon tomorrow to raise funds for DIPG research and to honor Jenny Nickerson.
 I promise.
 here to ask for a new textbook adoption for the AP European History.
 I know that some of us are a stickler for spelling. I don't know how that's a past me, but I'm so glad you're fixing that.
 so many good things.
 She is quite a talented individual.
 I could get some feedback from our student, our class advisor.
 Because the policy basically for us has just been put in place.
 They'll support theater programs, they support healthy foods in our food service and recreation through recess equipment.
 We will return to open session.
 to move to accept this? Yes.
 Two, incapacity due to pregnancy, prenatal, medical care, or childbirth.
 3
 It works on all the Wi-Fi. It helps me get stuff done faster. I really like carrying it around.
 of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country, and the duty to provide assistance to the member in the event of a
 right to answer my question. Yeah, the page two, if I may, Madam Chair.
 qualifying as defined by the Secretary of Labor, injury or illness that was incurred by the member in line of duty on active duty in the armed forces or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the armed forces and that manifested itself before or after the member became a veteran.
 And we're going to switch it up to cold drinks and some pastry rather than the decaffeinated coffee and the donut holes.
 We have a seconder, all in favor?
 Roll call vote.
 It really was for me and my family. The heart and soul and character in this town is incredible.
 I just don't think they thought through the effect on the individual.
 The winner will be announced in an honored shape.
 Reimbursements to personal credit card holders shall require the prior authorization of the superintendent.
 The superintendent will provide the school committee with an annual update on the plan's progress.
 Student account activities. File JJF. Student funds may be raised to finance the activities of authorized student organizations.
 And Deann Ambrosio, our middle school technology integration specialist, took all of this raw footage and put it together in a video. And I think that you'll be quite amazed of what is taking place across the district.
 So when you think about online and the badges that you can earn in different ways, whether it's social media or different games and things, those are the things that our students are doing here at the high school.
 So this is file ADAA, long-range strategic planning.
 Spell it out fully. What's the department of elementary and secondary education?
 you could decide not to do anything with it for five years and then disperse it.
 saw on Twitter the opening ceremonies was looks so exciting.
 I think the committee has supported the last few years the addition of the technology integration specialist and the supervisor and that has really led our teachers to be able to blossom in their use of technology.
 And one of the things that I thought was definitely one of the one of the best ever wait till she gets it up but
 Great job. Thanks, Tom.
 In its discretion, the employer may require a second medical opinion and periodic recertification at its own expense.
 If the employee begins leave more than five weeks prior to the end of the academic term, the employer may require the employee to continue taking leave until the end of such term, if the leave is of at least three weeks' duration and the return to employment would occur during the three-week period before the end of such term.
 I can't say enough about this program.
 And that's the one that has the limitations of the 20 to 25.
 We do have several, and several of them are from the Partners in Patriotism Fund.
 Remember we were talking about flip-flopping in the morning and afternoon? And so the intermediate level, 9 to 14, 1 to 4 p.m., Minecraft modding. And that will run, you'll have a choice of those two weeks as well.
 Let's see.
 Maryland seconded.
 And the beautiful thing about that is they're exposed to different ways as they go through each of the grades to technology and really become proficient in so many different tools as well as software programs.
 And I think at some point they'll say, oh, oh gee.
 saying recommends that you consider.
 I would just like to sincerely thank the public for electing me.
 and I just wanted to mention that because I thought it was a very wonderful way to recognize their classmate and to do community service.
 So those are very helpful family events where you can learn about all kinds of things that you need to set your child up for adulthood and transition to future career.
 We all do. Very generous.
 Bye.
 type in their answers on their devices.
 That helps. And so they're in the bubble. The contracts are year-round, just that the work year is shorter than the contractual year. But this actually is the federal law, that you have to have been employed for at least 12 months and have to work at least that minimum number of hours in order to be eligible for FMLA.
 This is an exception to the 12 week maximum for reference throughout policy.
 All great questions. Great questions.
 Are we ready? We are ready.
 Thank you.
 And then finally, Madam Chair, page five, item L. It references that the request should be made 30 days in advance with the commencement and leave, but any of it as soon as practicable and the employer will provide.
 Employees may take no more than 12 weeks of leave in a 12 month period.
 Why don't they get the individual, that's the way the law is. That's the state law?
 This one's a monster. It's just long.
 great night.
 Maybe we should take them in date order.
 We started with McKinley, we went right up to the president.
 Just now going back to that whole morning-afternoon flip.
 has been an excellent chair over the years and an excellent contributor to our town.
 This whole next section is new and was recommended by MASC. Graduating class funds, funds held on behalf of graduating classes are to be held within the student activity checking account for the high school.
 It's an excellent lunch.
 But the problem I have with that is in many cases we have graduating classes that are graduating with $5,000 to $10,000 which they are specifically graduating with to have for their five-year reunion.
 It's the human
 I'll give you a moment to get over there.
 The employer reserves the right to send an employee to the employer's physician for a second opinion regarding the employee's fitness to work.
 The Foxborough School Department is committed to the concept of long-range strategic planning.
 Well, and this was the 2008...
 I was working off a different copy.
 It's a miracle.
 Education.
 That is where the primary source of money is supposed to be.
 We are back on schedule.
 the math camp I think we're going to bring it in as a donation.
 little ahead of schedule but that's all
 F certification, employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection.
 intermittent or reduced schedule leave.
 All right.
 Motion to accept with much gratitude.
 4-0.
 Is there flexibility with, say, the administration, whoever is the stakeholder, on helping the employee work through what scheduled, planned medical treatments are with regard for the employer's operational needs? So I'm not going to mention any fictional medical conditions, but there's got to be something in the human condition where the person has to go for it.
 And in the case of a member of the reserve component of the armed forces, duty during the deployment of the member with the armed forces to a foreign country under a call or order to active duty under a provision of law referred to as Section 101A.13.B of Title X United States Code.
 use it as online bulletin boards, chat rooms, online work submission, as well as web posts. It is double click, and there they're able to submit files from their computer or links that they can get in.
 The superintendent will ensure that annually all principals and student organizations receive a copy of this policy as well as a copy of established procedures for control of receipts and expenditures that meet or exceed DESE guidelines.
 And that's what parents were able to see, whether they visited the classrooms for presentations or whether they came in here into the media center and visited poster sessions where they could see snippets of what takes place in classrooms.
 I agree with the giant leaps. Having gone to all five of the last five parent technology nights, the progress from the first year to this year is just amazing.
 Okay, I didn't know if the project was shallow to use your power.
 doing this. Thanks very much.
 Bye.
 Ms. New, payments for expenditures shall be made whenever possible by check, debit, or EFT directly from the student activity, that should say agency account, not checking agency account.
 to strike the original A and insert A, six months prior to the expiration of the current three-year plan, the superintendent will form a strategic planning work group consisting of administrators, staff, and community members.
 The cover form says you are or are not eligible.
 It is.
 Employees do not accrue sick, vacation, or personal time while on leave in excess of 30 days.
 One is the agency fund, which is actually controlled by the town's treasurer collector.
 So I can continue it
 Thank you.
 But this is what went home to families.
 And I just thought...
 now going to be a footnote that you're not doing it.
 At which point, obviously I have no concerns that it's gone.
 Employees returning, requesting, excuse me, I'm beginning again. Employees requesting an FMLA leave must submit the request in writing to their department head.
 simply stated.
 Maybe a brief moment of silence.
 That's a great point.
 Very impressive.
 I was going to say the class advisors.
 won't do that probably for another year.
 That's all I have.
 Yes.
 second sentence from the bottom and courier vehicle
 And before I get to the video to show what this looks like across, I think that this one particular quote here from Bill Gates actually, where technology is just a tool, in terms of getting the kids working together and motivating them, the teacher is the most important.
 I have all my school download websites on here like all the Office 365, OneNote, it's extremely helpful, it's really good for handling work done and stuff.
 spouse, an individual's legal husband or wife,
 Three, the employee is needed to care for his or her child, spouse, or parent who has a serious health condition.
 This was 08, and we're in 16, but I think this is a thorough delineation of everybody's rights.
 Could I just ask a quick question? Of course. The last item was the transitions Expo. I was
 Just before we move on, those three alone from Partners in May, it's so nice to see how many, what a variety of things they support.
 We're going to go into executive session.
 My roll call though.
 So come one, come all. Actually, so Dr. Burris and I always do that together for whoever wants to show up from our parent family group.
 or zero
 Thank you. I think you got me right in there, Debbie.
 serious injury or illness in the case of a member of the armed forces, including a member of the National Guard or Reserves, an injury or illness that was incurred by the member in the line of duty on active duty in the armed forces or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the armed forces, and that may render the member medically unfit to perform the duties of the member's office, grade,
 Welcome to the 5th Annual Parent Technology Night. Thank you for coming.
 So it really is some amazing things that they're exposed to and then what they end up creating in the end. And it really is what's enhancing learning.
 And I guess we'll just start. Do you want to start? Sure. And this one is the long range strategic plan. No, it's not. All right.
 catch by Bill.
 going to strike the sentence the plan will be reviewed and revised yearly.
 and what we've seen over the last three years with students and faculty that have come and gone. A lot of people in the public don't see what goes on in the background, all within propriety of ethics, but there's a lot of heart in this group, and I can't thank you all enough for the kindness you showed me and my family when my parents passed, and I will really miss this group a lot.
 could even affect somebody's financial aid, for example, you don't know. So I think that that's definitely part of it, that until the scenarios actually happen and
 She wasn't the winner, but I guess we may consider her a semifinalist.
 means or an activity or an initiative in and of itself, that we really have achieved that goal over time.
 I would have given that.
 Isn't it under our purview if we realize that that is really happening that we could recommend under this particular circumstance that it stays until the five year? No. It's not the state law. Well, what's interesting is I think you might get away. I kept rereading this when you got to it, but where it basically says that you will take control of it and put it into a general sub fund portion of the student activity account, which technically doesn't exist by state law, but anyways, we put it there.
 Those few little words I get here and there.
 The key element of effective management of a school system is the use of long-range plans,
 Well, we should probably spell it out in the first reference, which is up at the top in the first paragraph.
 have several.
 So maybe they decided not to flip flop.
 I think it's terrific and I think they do a great job.
 That is strictly in a checking account that's interest bearing, not being invested other than the interest on the account.
 The employer will inform employees requesting leave whether they are eligible under the FMLA.
 five weeks prior to the end of term.
 And the kid who ran with it, he was awesome.
 I agree.
 to fix that right so but at least we have we have the the phrase that of the sub whatever it was the sub account
 And so basically what they're saying is this is good practice.
 It was a big win. The ticker tape parade was the most exciting part. It truly was one of the most meaningful things that I've ever been able to do in my adult life.
 The one that you saw at the beginning where it was the, they were creating badges.
 want to stay there? Sure. Stay here and come on out.
 I just need a second, but thank you for pointing that out.
 Six, the employee needs leave due to a qualifying ex-agency arising out of his, her child, spouse, or parent who is also a military member being called to or serving on covered active duty.
 Yeah, really.
 I like it for getting good accurate measurements. If I'm in a surveying class, I'm kind of an exit ticket. We can do it digitally.
 Okay
 I think profusely. Yes, exactly.
 I
 And I think those things that they've been doing certainly have expanded the services for all of us who belong.
 That's the rule.
 So it's kind of those situations that it's mutually agreeable. Like this would work for you, this would work for us, let's come up with something that seems to be of mutual benefit.
 conditions, one 12 weeks.
 So we are still
 So just for example, certain specialized lights are required. So the towers have been great, we have to purchase them, but as we all know, green things require light.
 Good point, Steve.
 Marilyn and I will be attending with Mrs. Pinelli the mask day on the Hill tomorrow.
 I believe it's actually down to either six or nine months.
 So I guess I'm not flipping because I don't see it in there.
 And I'm sorry he can't be here tonight, but he means a lot to me too.
 We have the April 4th, 2016 minutes.
 which is the kids actively involved. The kids get to vote through Kahoot. So every kid is involved in this whole process, and it's not me who's making the decision. It's the class who's making the decision. It's really been a game changer from that to PowerPoint. When one person used to have to develop a PowerPoint, then everybody else would take credit for it. It's totally different now that everybody actively participates, and everybody, because it's online. So you can't kind of fudge your way out of it.
 me to take off. Sure.
 work of many.
 So we already have our own.
 I've been back and forth with them and they are running.
 Thank you, Beth.
 So once again, from the New England Patriots Partners in Patriotism Fund, they have made a donation to Foxborough High School in the amount of $1,000 to the Foxborough High School Theatre Guild
 If medically necessary for a serious health condition or qualifying exigency of the employee or his or her spouse, child or parent, will may be taken on the intermittent or reduced leave schedule.
 I know. Don't apologize.
 So, Debbie, do you want to start?
 The following rules shall apply with respect to periods of leave near the conclusion of an academic term in the case of any eligible employee employed principally in an instructional capacity.
 So definitely that is a big part of it, is to have that vision of what is the priority and what can we do without, or how does that philosophy shift what we hope to get versus what we've traditionally purchased. So that's been a big help.
 And so we always had to offer the caveat, okay, these are all the great things, but here's also where we're going, and we know we need more of this, and we know we don't have any mobile devices, and we know. So I felt the first two years we were still offering that balance of what we have that we're proud of, where we honestly acknowledge where we need to go.
 Well, good luck to you.
 When requested and once all outstanding financial obligations of the graduating class have been met, the remaining balance should be removed from the fund by check transfer payable to the class of
 or zero
 strike two to it just every three years.
 So speaking to where we've been in the last five years, this was our fifth annual technology night planned for parents.
 It's exciting for them what they're learning in different classrooms.
 These regulations have changed.
 there.
 Steve, all in favor?
 All in favor?
 We'll get to hear about it at our next meeting.
 But ironically, they also put it, if you don't do it, they'll put it in your annual audit.
 So this is in honor of that.
 Motion to adjourn tonight's meeting
 I know, it grows every year.
 They've been doing that for almost two years now.
 We took a runner-up award for Massachusetts Aggression Reduction Center, and I was very proud of the students.
 That's good to clarify. Steve? Yes, this is rich and thorough, and thank you for all the work you both did on it.
 to
 Should the class officers not request to have their funds removed from the student activity checking account within two years of their graduating, the funds will be forfeited by the class and transferred into the general sub fund portion of the student activity agency account.
 This was the language that was recommended from MASC.
 I have had the pleasure of sitting at a table with you for the last seven years, three on the advisory committee and the last three here with you.
 Wow
 The school committee will go into executive session for the purpose of discussing negotiation strategies with union personnel, the Foxborough Extended Day staff.
 Thank you.
 And I will just have one thing to say, because there's so much that you can say after. But I felt the difference between the first few, and this, our fifth, was that the first one or two, and I said this to Amy on that evening, that the first couple of years, we spent a lot of time in that introductory message saying, we want to highlight all the good things we're doing related to technology integration and how technology supports the learning, the teaching and learning.
 employees will not forfeit any employment benefits that accrued prior to the start of the FMLA leave of absence.
 you want to take over.
 on that one, though, I think to answer your question on the last sentence, planned medical treatments are like if I'm going to have knee surgery where it's at my schedule, my wish to have done
 That's a good cache, and it must have just dropped out in our editing, but I'm so glad that you remembered that.
 all your hard work on the contract negotiations, Mrs. Finelli and Bill Yutina.
 for their METG performance.
 And I actually think, and I apologize because I don't have my copy with me right here, but I don't believe the state law allows for the two-year holding of the money.
 Mrs. Pinelli pointed out that somehow in our transition we dropped out a sentence that is important to include. There is one sentence missing. The next to the last sentence should say, and the reason I know.
 Thank you.
 know but it really does spell it all out.
 These apps can be installed across multiple devices including PCs, Macs, tablets and phones.
 Massachusetts Educational Theater Guild and it's on the internet so it must be true.
 Okay, it being.
 And they are now using that for that.
 Yes
 So we'll maybe all give this some.
 throughout.
 of a thousand. Well I'd like to accept with gratitude the Raytheon donation of $1,000 in support of the STEM program at the Rehearsal.
 This is my reverse brink exploration of the day.
 I think that speaks to being really thorough and thinking through what exactly do we need in order to make sure that we're best meeting the needs of the students. And we're doing it in a timely fashion, but we're not jumping into it at the same time based on the changes that have happened with the AP College Board.
 Does anybody have any changes to those? Motion to accept as presented.
 The next policy is student activity accounts, JJAC.
 And we've spent the last several months, our three technology integration specialists, really capturing snippets of video from elementary classrooms, middle, and high, what it looks like on a daily basis, and how it really does spread across the curriculum.
 And what I found is very pleasing is that some of the most structured students end up seeing their name on the board and having to
 She was in 8th grade science and she moved down to 6th to do both math and science at the middle school.
 Good day.
 So maybe we'll have more information a month from now, but I just don't know if people will figure it out.
 So I have a question.
 It's a housekeeping thing and a tweaking just to make sure what we say we're doing is based on what we're actually doing.
 And thanks to our friends back there, yeah
 And there were up to 19 restaurants and food places around that helped contributed that.
 And now this is also, there are other equipment pieces needed for the towers.
 Yes, we will. We shall return.
 That's true.
 parent, the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter.
 No, that's the one we should be.
 back in.
 So I think, you know, if some families couldn't make hours, they could go to this one. But it's typically for families of students who are attending the BICO program, although we have our own, and they can come to us.
 No one can say that Foxborough does nothing for enrichment for their young people.
 Who else to thank?
 Employees who contribute to their health insurance premiums via payroll deduction must arrange to pay the premium contributions during the period of unpaid absence if they wish to retain coverage.
 For at least seven days in advance, the employee shall submit to the employer a written notice of his or her intent to take small necessities leave and the date and expected duration of the leave.
 I think a lot of credit needs to go to Bill Yukna and to Aaron Heyer, who are under your administration, who have produced a lot of the behind-the-scenes, very important and highly technical and sometimes financially complicated implementations of this. These laptops don't grow on trees and we have to be able to buy them and we've been able to get there in the absence of
 Because the point of the evening really is to show how we're using technology in classrooms.
 Well actually I would like to recommend that the student activity accounts file JJF be moved forward for a second reading with the additions of our corrections and amendments.
 The Massachusetts Department of Education is now called the Massachusetts Department of Elementary and Secondary Education.
 What do we do with that? I've actually put a call into our state legislators just to say you really need to really think this one out because I think this is a problem.
 amazing.
 So in other words, we're on top of it.
 They have a giant like a giant mural to work on
 It addresses and that comes before.
 We vote on that tonight.
 They have had more growth in the elementary programs that they run.
 I never thought of that actually.
 Congratulations.
 just wouldn't be under the class of 98, but we would keep track of what the class of 98 had, type of thing.
 And a lot of regional iced coffee stores that are very close by. Two very important things. But thank you all.
 They use the verb recommends that the districts my question is do we do that or are we going to do that or do we not know yet at this time the guidelines basically state that I'm to do an internal review for the first two years and
 Oh, and come back in.
 And the reason why this is going to be such a great textbook is they adopted this textbook as they made the changes to the test itself.
 zero.
 So by maybe taking it a little bit slow the first couple of years, back before, say going over the last nine years, taking it a little bit slowly really helped us preserve that idea that it's to serve up the curriculum.
 It's not going to be the same seeing you all the time, my friend, but we love you here very much.
 The art show. And I mean, they carry the whole theme totally through, and the monumental award certificates match the artwork. It's just amazing.
 It looked like a rock concert. I'll show you
 You skipped one last sentence there. I did?
 I personally don't think that if you were thinking that these kids are graduating with a $500 thing, that's not the case. And that's not, and Foxborough's not unusual.
 So I think that's, I couldn't be prouder.
 K, return to work.
 I can speak for the whole committee, I'm sure, in saying we offer you our sincere sympathy and deepest condolences, Joe, on your loss.
 Anybody have any additional questions, comments? No, I'll make a motion that we appropriate $6,048 for the purchase of the 50 copies of the new history textbook, Advanced Placement European History Textbook.
 So, as you can see, so it's just that our policy sort of just referenced it.
 Okay
 The employees who have accumulated sick, personal, or vacation time must choose such time as part of the 24 hours before becoming eligible for unpaid time.
 I would like to make that motion. I will make that motion that we accept the contract as agreed upon between the administration and the extended day staff.
 You just can't call up the E.
 Do you want me to take over the next bit of reading or sure like to continue? Well, why don't you do and then we'll swap back and forth, okay?
 Thank you.
 medical certification must set forth the date on which serious health condition commenced, the probable duration of the condition, and the appropriate medical facts within the knowledge of the health care provider regarding the condition.
 and small necessities. One, the Small Necessities Act, Massachusetts General Law, Chapter 149, Section 52D, became effective on August 4, 1998.
 The student activity checking account is what's actually under the control of the principal or assistant principal within the building.
 4-0 to accept the BICO quarterly update. Thank you.
 Great.
 Foxborough School Committee and Superintendent share the responsibility for setting direction for Foxborough Public Schools.
 I have read this once, but as you're reading it aloud, I hear it.
 So exciting, I couldn't want to be there. Right, and it looked it.
 I'm not going to make it to something new like here you go. I see Tom's been around for a while. That's what we didn't do, which I think is a mistake often because it's kind of exciting and interesting. We didn't make that mistake.
 The fifth one, I thought was wonderful.
 Maybe we could take a brief moment. I know it's just been a hard week for all of us who knew Pat very well.
 We all care and the quality of schools is why I'm here and why other people come here.
 That's the winner though.
 The interest that is earned on such accounts shall be maintained by the agency account and distributed annually among the student activity checking accounts as directed by the regulations established by the Foxborough School Committee policy.
 superintendent will ensure appropriate staff and community participation in the development of the plan.
 So you're ready for the teaching and learning highlight?
 Student activity funds are considered a part of the total fiscal operation of the Foxboro Public Schools and are subject to policies established by the Foxboro School Committee and of the Office of the Superintendent.
 It was captured from our three technology integration specialists as well as some of our teachers coming together.
 One of the things that makes me the happiest is that not only have we really come leaps and bounds, thanks really to this committee and the community who has supported all of our requests to add technology and different pieces, but we've done all that while preserving our focus on teaching and learning.
 I don't know. I don't know that it needs to be because we have several people, a few people a year that take FMLA and the way it actually works is more straightforward than some of the detailed language may lead one to believe.
 Next of kin, with respect to an individual, next of kin is the nearest blood relative of that individual.
 their own serious illness.
 So- That's at 630? It is, 630, 8 o'clock at the Boyden Library.
 So this is, I'm asking the committee to accept a donation from the Partners in Patriotism Fund in the amount of $500 to the John J. Ahern Middle School for recess equipment.
 The employer will provide an employee with a certification of health care provider form.
 You have so many people here that care about you and the whole town.
 We are hearing that a lot. The student engagement comes a little bit more naturally without the teacher having to work hard on student engagement, harder than you have to because they want to be involved with it.
 they messed it under typing so...
 Elementary and secondary education.
 I just had a couple other things to add to the other matters.
 So the law itself doesn't force you to, but what they're saying is you better do what it is.
 But I think the state law really does not anticipate that some of these classes will have the size balances they have.
 Aye. Aye.
 or zero.
 Do we have a motion? Do we have a second?
 I know. Is there any language that we need or have already that once the employee submits whatever submission it is to the administration, that the administration is required to act within 24, 48, 36 days, weeks, hours, whatever? Yes, the cover form.
 One voice will not drone on.
 Great.
 Anything else and that's you know that grant was written by Allison Johnson our food service director.
 They're really very generous in a variety of things.
 10 of 9 something like that well depending on
 I
 One, to care for the employee's child after birth or placement of a child with an employee through adoption or foster care.
 We do it. Well, we're not getting rid of it that we're amending at length. Said the superintendent shall issue and from time to time amend regulations setting forth the rights and procedures granted by the act. That's really what we're doing.
 which you know Mr. Murray is our department chair for social studies at the high school.
 I just
 I'm sure they'll agree with us.
 It does not force you to do it though.
 you're going to review, sort of like you do the curriculum use, like you're going to revisit what are the maximum balances allowed on each student activity checking account. Do you want to keep them the same? Do you want to expand them? So every year they're going to revisit that.
 And I also, our history department trip to Italy and France was a success. From my sources tell me they had a wonderful time. I know we talked a lot about that trip. And they went, they came back, they had a great time. And it's all good.
 I should say Student Activity Agency account.
 We have a lot of kids doing similar things.
 A long-range strategic plan will be developed to include a three, change from five to three-year period.
 you can still come talk to us.
 So the winner clearly got $5,000, but the semifinalists, if you will.
 This environment leverages technology to provide access to authentic learning experiences that maximize student achievement and prepare students to be productive citizens in a competitive global society.
 Right, leaps.
 Thank you.
 I think that's reflected in what the suggested language from MISC is.
 All in favor?
 them to
 Okay.
 The last superintendents evening coffee of the year is tomorrow night Tuesday at the Boyden library in the fuller room and
 I think we accept them separately, yes.
 That was April 6th, so this is already gone by.
 All right.
 employees will be notified of the approval or denial of the leave and the reasons therefore.
 leave less than three weeks prior to end of term.
 it. Thank you.
 It was John F. Kennedy.
 Awesome.
 And then, hmm.
 Thank you.
 I didn't get that.
 So we're just trying to bring this policy in line with what we have actually been doing over the last five years now, I think. Five years.
 So change Massachusetts Department of Education to DESE because that is what we've referenced.
 Thank you for everything.
 He's just telling you all the fun stuff.
 Thank you.
 So adding those positions has really been critical to maximizing the potential.
 But I thought, which is why we kind of wanted to show this tonight, is the video. This is the part of the welcome in the auditorium.
 Speaking of generous.
 Bye.
 Good night.
 So I hope that they do run that every year because I think a lot of people are interested in that. And they do get that type of information when we have transition night that we run. They are running their own transition night, as you also see. But we do transition night in collaboration with area districts as well.
 There are a couple of things I want to sign up.
 Five, the employee is next of kin to or needed to care for a covered service member who incurred a serious injury or illness in the line of duty up to 26 weeks of leave.
 everybody. Appreciate it.
 immediately instead of having to wait until you get home.
 little bit more.
 a great man.
 with
 Okay.
 to do that annually instead of other community service type things that the school did and I think
 Right, so we can massage that a little bit.
 So that's really what they're saying.
 Now, do we have any visitors who wish to be heard? Seeing none, we'll move on to approval of minutes.
 I'm just at a presidential, who was the best president?
 Some rules specific to teachers.
 Such funds shall be designated by the class's year of graduation, such as class of 1998, etc. Once a class has graduated from high school, their funds should be removed from the high school student activity checking account no later than two years from the date of graduation.
 And I have a real problem personally giving $5,000 to $10,000 to an 18-year-old that basically would have to open an account under their Social Security number, because it can no longer be under any of the town-valued accounts, and disbursing it.
 very generously.
 I wish Bruce was here and I'll give him a call, not in a serial fashion, but I will give him a call.
 One more, this one's short and sweet.
 That's great.
 You have to have a role call, Boatwin. Yeah, I forget.
 that was fascinating.
 All right, suggested new policy, GCCC slash GDCC, family leave policy, family medical and small necessities leaves of absence.
 I was thinking, well, like, if the band dates fall off and they have to go, right.
 employee must have been employed by the employer for a total of at least 12 months and must have worked at least 1,250 hours during the 12-month period preceding the commencement of the leave.
 I can't get it.
 Thank you.
 For accounts with limits that exceed $25,000 the Massachusetts Department of Education recommends that districts consider an audit constructed by an outside Conducted by an outside accounting firm
 No, I recommend that we accept these as presented.
 That was great.
 Well it took a village truly to put it together and what I wanted to just recap was the PowerPoint presentation that we had in the auditorium, just a couple of slides to set the stage here.
 Five benefits, one health coverage.
 So they're saying for husband and wife had a baby, they can only do a combined 12 weeks?
 I think it looks to me that when the policy handbook was initially adopted, this was probably put in as a placeholder. It sort of just references the Family and Medical Leave Act.
 12-month period is a rolling 12 months beginning 12 months prior to the proposed commencement of the requested leave.
 We do have a lot of
 I'm sure I'll be seeing you soon.
 I had a different copy that I was working on.
 Employees are required to use certain types of accrued or available paid leave first as part of the FMLA leave before commencing the unpaid portion of the leave.
 Just a couple questions.
 Employees must schedule planned medical treatments with due regard for the employer's operational needs.
 Keep the show going and keeping the records.
 That is very true. It was wonderful.
 Also from the Wingling Patriots Partners in Patriotism Fund, a donation to Foxborough High School in the amount of $3,400 for their tower garden project.
 and assistant principal.
 move it forward for a second reading?
 She has been teaching in Massachusetts for 13 years.
 Steve, do you have anything for other matters? No, this is my last meeting. Yes, you're on my list.
 so many different pieces.
 We might use technology in one way in one classroom and meet that same standard a different way in another classroom.
 And we voted in December to have a $25,000 limit at the high school and $20,000 at the middle school.
 All in favor of approving the minutes? 4-0.
 This was on me.
 So it's an important program that we run and extend today. Important for families, important to children for the continuity of their day, the safety of being in one place.
 I feel like I should know what the letters stand for. Theater Guild is, you know what, I think it's N-E-M-S-A-T-U-S-I-T-S. It's something of Theater Guild.
 And so if you were an employee looking to see what the benefits were, you would have to then go somewhere else.
 do it once more, please.
 820 p.m. the by county collaborative quarterly report with miss finale
 Thank you.
 Employees who are out of work for reasons that would qualify for leave under this policy, irrespective of whether the leave has been requested under this policy, are required, upon request, to provide to the employer the information and certifications required by this policy.
 The source is MASC, March 2016. The legal references are Mass General Laws, Chapter 71, Section 47, as amended.
 So I think for, I mean, at least absent a change in the law, this is, and maybe MASC put the two years in, thinking along the same lines that you did.
 buddy. Thank you.
 And we can just refer to DESE group.
 We'll look at student artwork. Forget our blue for a few weeks.
 The professor who wrote this actually, Mr. Kayser, had as a professor at Penn State University, which was only a coincidence, but the fact is this is an outstanding textbook. We're very excited to hopefully adopt this for next year.
 Alright, so those are done.
 I honestly can't keep up with that.
 Signatory authorization for student activity checking accounts shall be restricted to the principal and it should say assistant principal and then strike the parenthetical reference to superintendent or treasurer.
 So far it's been really fun.
 chair on the same item if I may and and bill maybe you can answer this it
 Thank you, Steve.
 Roll call. Yes, roll call.
 for the donation of $500 for recess equipment. See your harm.
 And some examples of that have been that they've been providing some sheltered English immersion training, special education content training, and other similar things that our faculty is looking for as well.
 Employees would take leave because of their own serious illness must use all accrued sick, personal, and vacation time in that order.
 What I would like to do is I'd like to make a motion that we move this policy family leave policy as amended forward for a second reading.
 Office 365, in case you want to email your teacher about a question on homework or anything like that. And then you can use OneDrive to go in and save projects. You can just save it one way and you can use it, but you can access it on OneDrive from anywhere.
 Right, at the same employer.
 serious health condition, an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility, or continuing treatment by a health care provider.
 It's a lot of work. Thank you.
 So this is the first time they're co-hosting their own with their own vendors and everything. But Foxborough actually runs their own and we move it around sometimes. It's in Attleboro, Norton, Foxborough.
 I'll miss your little left-handed backward checks on all those warrants. It's nice to know that they've been well-vetted.
 Okay, I want...
 And we actually did get a donation of some of the towers about a year ago from Patriot Place, who used to have them up near where tastings used to be. And they weren't being used.
 She is also a STEM instructor at Milton Academy Saturday Program for Gift and Talent students in grades four to eight. And she was the 2013 Norfolk County Teacher of the Year.
 A lot of really things that do impact our district as well as any district.
 kids are leaving on Wednesday.
 Four, directs principals to provide the treasurer with a bond in an amount agreeable to the treasurer.
 we're not doing because we went to the three-year plan which is is working for us I think a more effective way to plan.
 zero.
 This has been proposed from two summers ago when we finished off the social studies evaluation, and one of our needs was to find a European history textbook.
 focus on technology integration, the actual standards, but it is embedded within our current curriculum, so it plays out daily.
 So lots of different ways technology is used, from the instructional videos, from recording for fluency. And when the first graders are there recording their voices and reading, and they hear themselves, they go back and want to read again and continue with that.
 Well, anyway, we're running computer science camp two separate weeks because we had such great interest.
 Yes. All good points on that.
 So...
 So just as a matter of that, that language was always in there. That language was always in there. So just as a matter of that.
 for a wonderful year and I'm hoping to get reelected next Monday because I don't want this to be my last meeting.
 So I think that's important to note. It's not that we've necessarily asked for extra on top of what we already have.
 And we always go back to the strategic plan and our technology plan being really the purpose and the intent.
 I'd be interested in who they did think was the most effective president.
 I don't know who. Title C is Family and Medical Leave.
 And it says you are.
 to other benefits.
 The reference is 29 U.S.C. section 2601 at seek, 29 C.F.R. part 825 at seek, and Massachusetts General Law chapter 149 section 52D.
 One more question, Madam Chair, for the subject matter experts, probably Bill or Deb. Is there any language we need to have, or is it an accounting practice already in place that defines the accounts that the monies are held in so that, say, principal being the monies, are not at risk for loss, like instead of, you know, investment accounts or something like that, just as checking?
 It's good to see other organizations again rise to the Foxboro standard.
 It's a fabulous program.
 He's been using the same textbook throughout.
 Maryland.
 This is new. Quote, all funds received for the student activities must be deposited into the student activity agency account and no funds shall be directly deposited to a student activity checking account except for the student activity agency account. Unquote.
 Okay.
 So effectively it's being audited each year.
 And that is that. And we'll strike C.
 That one is weak.
 I thought you did so much.
 So this particular update contains information regarding referrals and enrollment, status of the budget for BICO for FY16, parent information events, regional training, and an upcoming transition expo.
 I second that.
 Thank you, Dracian, for the donation.
 What we're doing is trying to place these QR codes over the school so we can get more of a schedule.
 So this is a policy recommended by your own school committee attorney. And the sentence that is missing says, contractual family sick leave must be used if an employee is out to care for an ill family member.
 Hopefully.
 All in favor? Aye.
 We know what that is. I'm sorry.
 notice that there was no tuition here.
 Okay, and then finally...
 Janet, do you have that? Yeah. I do.
 So our next agenda item is the first reading of three policies.
 Employees should contact the personnel department and their supervisors at least two weeks before their return date to make arrangements.
 850 we will return to open session vote on the proposed 2016-2017 Foxborough extended day staff memorandum of agreement and then 9 p.m. Other matters
 That would be the high school textbook
 to Janet, the quietest member at our table who does so much for all of us in the background professionally, and Bill and the other team. And Joe.
 This concept will be implemented in the school system as a result of the following process.
 throughout the year.
 Final sense.
 And I'm sure sometimes it's far more than that.
 Thank you, Amy.
 But again, back to Debbie's point, is the video that was put together.
 The Senate has put a corrected version on the table. There's a couple corrections on page 2.
 Thank you.
 And I mean, as long as Bill is satisfied that the two recommended amounts of $25,000 and $20,000, if something changes over the summer, then we can revisit those amounts then. But that's a good catch.
 to all of the candidates. It's an exciting election year.
 We have too many different, I don't know how that happened.
 do all the booth setups. We often run it here.
 I'm glad you brought that up because I think you can see that we're running the math camp that we have for many years now, but we're also for the second year in a row running our computer science summer camps, which we started last year. I'm pretty excited about that.
 The new policy really delineates exactly what our employees are entitled to under the Family and Medical Leave Act.
 If both spouses are employed by the employer, they are together entitled to a total of 12 weeks of leave for the birth or placement of a child or care of a sick parent.
 If leave is requested on this basis, the employer may require the employee to transfer temporarily to a position with equivalent compensation, which better accommodates recurring periods of absence or part-time schedule.
 On page 2, G1.
 Absolutely.
 It seems to get bigger and better every single year.
 All right.
 Page 1, letter C, eligibility. And we can answer these later or in another reading or whatever. I'm not trying to pin anybody down. But when it describes the number of hours, in this case, 1,250, since we have a school year, is it the contracted year of say some members of our school system, say the union members,
 E definitions, healthcare provider, a doctor of medicine or osteopathy who is authorized to practice medicine or surgery as appropriate by the state in which the doctor practices or any other person determined by the secretary to be capable of providing healthcare services.
 B, use paid leave first.
 The MSC had some policy suggestions, changes based on the Massachusetts law so we took a look at the MSAC suggested changes and have incorporated those into our policy on student activity accounts and it's not quite as long. It's a little bit long but not quite as long.
 I should say Mr. Gardner is unable to be here tonight. I forgot to mention that at the start of the meeting, but since I'm here in his chair and he's not here, he's unable to join us tonight. So I will be running the meeting. All right.
 We had more teachers involved with more students involved down to first graders showing how they're using interactive whiteboards in their classrooms to high school as well as what it looks like in the AutoCAD and then classroom as far as computer architecture design to physics software that we're using.
 Some of the parents that evening would ask questions, is this going on in every classroom? We teach the same standards and grade levels, but how we approach that is different.
 You know what would have been nice if I thought of I'm gonna read um, don't die. We know she's a very creative science teacher
 Sounds great.
 period, and then that parenthetical should come out.
 Do we have a second? Second. Thank you.
 So the benefit of having it all here is you can see it right in the Foxwood school committee policy manual
 Actual family sick leave must be used if an employee is out to care for an ill family member.
 And we actually should compliment our extended day staff representatives who give up their time as well to come and do that.
 I think that's the competition performance. Yeah, I just don't know what...
 I forgot to ask about the first one, maybe, it says recess equipment.
 All right.
 So we should meet or exceed Department of Elementary and Secondary Education parentheses DESE.
 So we have nothing, nothing of the school committee can go up and destroy that.
 And this should say, as amended by Chapter 66 of the Acts of 1996.
 I think for now, at least, this is a good way to go. But we should keep an eye on it and make sure we're giving our students the best advice possible when they graduate.
 The employer shall designate all such qualifying leave as family and medical leave, which shall run against the 12 weeks allowed under this policy.
 family and medical leave policy, student activity accounts, and long-range strategic planning.
 Second that. Thank you, Marilyn. All in favor? Aye. 4-0.
 The mattress strategy.
 That's perfect. Oh, thank you.
 I'm gonna ignore my time, actually.
 So I'll sketch the picture.
 And going back to that K-12 social studies review that we did two years ago, actually when you go back to the timeline that we had proposed for this text, it would have been last year.
 next meeting minutes of the April 12, 2006 Policy Subcommittee meeting minutes.
 My dream, instead of having this paper-filled sink, is to have a OneNote notebook filled with all of your ideas, including pictures that you captured your own, something you can keep forever, and you're about science forever. They are powerful. OneNote notebook because it lets you have a giant screen to work on, and they can paraphrase at the margins, and they don't run out of room in the margins, and they're paraphrasing.
 Employees who take leave because of birth or placement of a child or to care for an ill spouse, parent, or child must first use all accrued vacation and personal time in that order.
 No, this is the first read.
 Thank you.
 They have been providing, which I think is a really good thing, they've been expanding other services to districts, other than just here are some programs, do you need to earn a student, you pass tuition, which is the traditional bulk of the activity. But they've really expanded things in the area of home-based services that are really of help to districts, after-school programming, kids who need that for an extended day, and professional development of interest to the member districts.
 Wireless is just coming in handy
 Yeah, yeah, well people
 Are we participating in that as a school district in any way or attending it? No, because we have our own. Okay. This is, by county has, well, there's I think eight, at this point maybe 17 member districts, it's quite big.
 You've been a true gentleman, thank you.
 I had a couple other things. If that would be all, I'll let you.
 So they're growing their own greens and vegetables and all kinds of things right in the cafeteria at the Taylor School. And our goal has been to increase this to other schools.
 No, it's a heavy lift.
 Thank you. I just want to clarify that.
 Child, a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under 18 years of age or 18 years of age or older and incapable of self-care because of a mental or physical disability.
 So, when we look at our journey and what that looks like in the classroom, it really does come down to carrying out that vision. We needed to increase our network infrastructure where the community and this committee has been so supportive in order to be able to have the capacity to do what we needed to do. Building human capacity with our three technology integration specialists, now having Darlene Reed at the elementary level, Deann Ambrosio at the middle school, and Julia Greenstein here at the high school, and being able to work
 one tool to help them engage while also giving a chance to assess and make sure they're where they need to be to meet the data protection goals.
 All right, so we'll move that forward for a second reading at our next meeting.
 Mr. Tarkes has been teaching this class for over 15 years now. I looked up that number. Since Kevin McCarthy left, he's taken this class and he's done some great things with it.
 They are. For their festival of music.
 5, this is new, shall annually, prior to the start of each school year, vote to establish or change the maximum balance that may be on deposit in each student activity checking account.
 Does anybody have any questions? I think it was good tweaking.
 She co-founded her school's robotics program and the Lego League competitive team.
 There's actually several important updates this year on charter school funding, on transportation bills, on Chapter 70 funding and what's happened with that up and down and what hopefully will be happening on pre-K and kindergarten funding.
 Thank you.
 just using the funds that we are lucky enough to get each year in a different way to achieve our goals.
 And focusing on what our goal was, which is really to show how we are leveraging technology in the classroom to improve student learning.
 So, okay.
 All right.
 Well, this is the recommended language here.
 That was it.
 So I now have another question.
 Yes, it is.
 My kids did that several years when they were in first, well, kindergarten through fourth grade.
 All right.
 In the event that an employee elects not to return to work upon completion of an approved unpaid leave of absence, the employer may recover from the employee the cost of any payments made to maintain the employee's coverage unless the failure to return to work was beyond reasons of the employee's control.
 If seven days notice is not possible, the employee shall give notice as soon as practicable.
 thank MASC for the lettering process on that.
 you are not eligible and then it's sent back to the.
 Basically, A, B, and C had to do with five year plans, which were not working.
 Wednesday this Wednesday the 20s coming back
 So we could we can work around this for the benefit of the client. I with this wording you could I think. Okay.
 And then on the third year, the outside auditing firm has to do the audit.
 and he went to a conference, a one week conference two summers ago and he met a lot of people, he got five or six, I think it was five different textbooks we looked at and this is the final one that he and I came down with.
 All right.
 2. Authorizes the Town Treasurer to establish and maintain a Student Activity Agency account or accounts, which is to be audited as part of the Town's annual audit.
 employees who take leave? Correct.
 With the inclusion of that one sentence, I think we've gone through and vetted the new policy.
 One of the online platforms that I enjoy using for my class is called Padlet.
 All in favor? Aye.
 Good. Okay.
 I just have Steve.
 So four times a year, hence the name quarterly update, get an update from our bi-county collaborative, which is our member collaborative for special education programming that we do send a few kids to every year, and we are a member district.
 because FMLA has been a federal law for a few decades.
 Thank you.
 The first one is policy GCCC.
 We weren't sure, you know, Schneider Electric and Vences. No, it hasn't come in.
 Second that. Any discussion? Okay.
 I usually am good at acronyms, but...
 the final sentence.
 You know.
 I love you all very much and thank you all very much.
 This planning is focused on the major components of the school system as recommended by the superintendent.
 Very good.
 Committee will return to open session.
 Yeah.
 Employees may be required to provide a medical opinion from a physician certifying their fitness for duty.
 Thank you, Mrs. Finale.
 And then I did have one other little thing.
 for all deposits go to.
 In the anticipated timing and duration of the leave, employees requesting FMLA leave must provide medical certification to support a claim for leave for an employee's own serious health condition or to care for a seriously ill child, spouse, or parent.
 In any case in which an eligible employee employed principally in an instructional capacity requests intermittent or reduced schedule leave that is foreseeable based on planned medical treatment and the employee would be on leave for greater than 20% of the total number of working days in the period during which the leave would extend, the agency or school may require that such employee elect either to take leave for periods of a particular duration,
 I'm sorry.
 Thank you. All right.
 Thank you. You're welcome.
 might have taken us a little bit longer than we'd hoped, but we got to where we wanted without selling our souls of what we believe in.
 I thought it was the best ever, actually.
 And I know that.
 Long range strategic planning is strongly supported in the research related to the management of education.
 These things over and over again
 So just to fast forward here to the video, again, this video was captured over several months.
 Even the difference in what my now 10th grader was doing in 8th grade and what my now 8th grader is doing in 8th grade with the same teachers, same curriculum, but the technology has evolved so much in two years. It's very exciting what is happening, I think, on a daily basis.
 I'm actually going to move over to the guest table so I can access the laptop there.
 The fund shall be, this is added, only for the benefit of the students and, that's inserted in our old language, manage in accordance with the sound of business practices, which include accepted budgetary, this is new, and internal control practices.
 Vivian, I'm going to jump in with this next one because Bill had given me a couple changes and I've had them on my copy here, so I might as well jump in with the reading. Three, authorizes student activity checking accounts for use by the principals with specific maximum balances established for each school by Foxborough School Committee policy.
 The timeline for development, presentation, and approval of the plan is as follows.
 It's been a pleasure to talk to you about issues important to our kids, and I'm sure we still will.
 Say doesn't specify stem education for this but it does I
 And we are going to have our guest, Allison Mello, our K-8 math science director, coming tomorrow night to follow up on some of the subjects from the last meeting and offer a little bit more detail about that.
 goodness the check says what it is.
 boys who take leave because of
 But basically what that section says is that about scheduled planned medical treatments, that if you have a need or a family member has a need that you know the scheduled, what the schedule of treatment is, then yes, you work with the employer to say, okay, that's actually a better situation than sometimes not knowing what is being faced. So because then you're a little more predictable about what's going to happen and you have a little bit more of a plan to cover.
 Qualifying exigency may include attending certain military events, arranging for alternative child care, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefing.
 Yeah, I was just bringing it home. Thank you.
 It would be different if it was a $500 or $1,000 account, but I have seen $10,000, $12,000 still in some of these accounts.
 could be just a
 education.
 Thank you very much for all of your service.
 And certainly, Joe, you've been conducting yourself just wonderfully.
 I'm not sure if that's a good idea.
 The employee must return the completed form to the employer within 15 days from receipt.
 in baskets somewhere and catch it.
 Okay. So we are on C.
 Thank you, Marilyn. All in favor? Aye.
 Okay, roll call.
 Steve, all in favor?
 employees may take leave for the following reasons.
 What this does it is our old policy that we're getting rid of said that
 I'm really good at your measurement if they do it slow-mo to see exactly how high the wall comes back up I
 Well, in our students in DECA, we accepted a very generous donation from the Partners in Patriotism Fund for that.
 length of our... We'll be back.
 That's great.
 So this is to help with the garden project so that we can start growing food at many or most of our schools.
 It does say prior to the start of each school year. Again, this was the recommended language based on the changes in the law, so we should put it on our calendar for the end of August.
 Yes.
 I think as long as it's the state law now, I don't think it will do any good because we already feel that way. So I just don't know.
 Okay, thank you.
 It's a really seat for you.
 one thing I think it's a spelling thing on page 3 under the FY 16 budget update
 So the total cost for purchasing 50 copies is 6,048? Yes.
 So I asked Bill to take a look at it and give us his thoughts tonight.
 Foxborough Public Schools envisions a compelling pre-K to 12 wearing environment in which students and staff have access to technologies that promote 21st century teaching and learning.
 Does anyone have any questions, comments? Very impressive.
 Thank you.
 So I think...
 Thank you.
 I am gonna say this evening that Steve I will miss you as well
 The plan will be prepared by the superintendent and recommended to the Foxborough School Committee for approval.
 I agree. Other matters?
 Are we doing all three? I would do them separately.
 And I think particular interest of families of students with disabilities is that they're going to be holding a financial family, financial planning night on April.
 Everybody
 Under D, yeah, this is based on my inexperience with this law.
 It's not for the faint-hearted.
 Would anyone like to second that? I will. Thank you.
 No, however, the other money is commingled with all town revenues and sources. So therefore, if they're investing the money out, they're investing this money as well out. But they always obviously keep a liquid portion for us.
 And we are at 825, acceptance of donations.
 I thought we were going to flip-flop morning and afternoon, but I'm looking at this and I don't see that.
 If it's a treatment where you're going to be ill for a few days each time, for example.
 And I didn't think, I thought it would be Teddy Roosevelt first. But it was the kids who did it.
 The employer will also inform employees what, if any, additional information is needed to process their request.
 If the employee begins leave with less than five weeks remaining in the academic term, the employer may require the employee to continue taking leave until the end of such term, if the leave is of greater than two weeks duration and the return to employment would occur during the two-week period before the end of such term.
 It's not just the things.
 But I thought the whole welcome was among the best, so I give Amy all the credit for that and Aaron, higher architect director.
 Hey, have a good night.
 This is a housekeeping matter that as we were flipping through our policy manual, we noticed that our policy on long-range strategic planning was not up to date with our actual practice.
 That's perfect.
 And I am going to miss your valuable input, your questions, your sense of humor. And I thank you for your dedication and hard work on behalf of our citizens and our school children.
 Can you imagine the enthusiasm with that?
 Yes, you need to.
 It's great students use their own devices in my class to film public service announcements on the ramifications and the dangers of bullying.
 4. The employee is unable to perform the functions of his or her position because of a serious health condition.
 Thank you very much.
 All in favor?
 to help families really with topics about guardianship, preservation of eligibility of government benefits and entitlement, building financial solutions, and legal planning.
 I think I would like to compliment Kathy Layden on putting together such an incredible Expanding Horizons enrichment program.
 We have a donation from Raytheon Corporation in the amount of $1,000 to the John J. Ahern Middle School. It says, this is in honor of, they didn't specify exactly what it's for, but Diane McDonough, and she actually has received an award in the past, Diane McDonough, one of our middle school science teachers, was one of six finalists for the 2015 STEM, Science, Technology, Engineering, and Mathematics,
 The committee is.
 We can massage that summit. Remove it from high school and take possession.
 If you don't do it and you have a problem, it's on you.
 Well, we're done with the policy portion of the meeting. Moving on to the BICO quarterly update. This is Finnell.
 I think that's a great way for his school family to remember him.
 speak to it more eloquently than I could, but it would definitely have become more regulated and more accountability is built in, and more clearly defined requirements.
 Mm-hmm.
 Beverly's motion as amended
 But every year they have generously supported the math camp. And as you know, companies change and grow. And we weren't sure if that would continue. And it is going to continue at least this one more summer.
 have been more of a pleasure.
 Okay.
 It is the responsibility of the class officers to arrange for these funds to be removed from the high school activity checking account.
 So we typically have seen that the funds stay in our accounts for the five years, and at the five year time, they usually clear them out. because that's what they're using to do as their seed money for their reunion.
 leave taken near the end of an academic term,
 Okay.
 Thanks again for the technology, because as a classroom teacher, I can't say all the good stuff. It changes the whole dynamic of the classroom.
 A. Purpose. The Family and Medical Leave Act, FMLA, of 1993 allows eligible employees 12 weeks of unpaid leave, 26 weeks for military caregiver leave per year under the circumstances outlined below.
 typically people will pick a Thursday or Friday.
 Certain exceptions may apply if an employee has had a break in service with the employer totaling seven or more years, unless the break was due to certain types of military leave.
 We are back from our executive session.
 I remember the tastings.
 And if you have someone at the beginner level, which is age 7 to 12, video game design, and they're going to have a Star Wars theme one week, July 18 to 22, and they're going to have a superhero theme the second week, July 25 to 29.
 You aren't a skier now. You can be by the time you complete your tour here.
 Since there are some sites that are simply too distant to permit busing of students to U.S. schools, you should advise your sponsor of your children's specific educational needs.
 To protect you, an HRO official in Vicenza is required to review any contract you sign with an Italian landlord, along with a pre- and post-inspection of the quarters.
 The daycare center is operated in Vicenza, at Caserma Ederle, and at Camp Darby, on a schedule that may be handy if your spouse wants to go to work to help supplement the family income.
 The main thing you want when you get orders is peace of mind.
 The PEOs will operate with transformers you can buy at the PX.
 you will get more for your money than in the States. Keep it
 range from pre-high school remedial and refresher studies to college-level and advanced graduate degree programs.
 You'll learn that over here, the main meal is at midday, followed by a period of relaxation or reposal.
 Wherever you end up living, the government will provide you with major appliances such as a refrigerator, stove, washer and dryer.
 to your local ACS center. Learn more.
 Just plug in the TV and turn it on.
 All this sort of thing can be spelled out for you by your local Army Community Service office.
 Despite the fact that work is being done to reduce these costs, the success of your stay may be determined by how well you're prepared to handle the required financial obligations involved in a move abroad.
 Check with your current installation's transportation office to find out about auto safety standards in Italy and Greece so you can make any needed repairs or modifications before you depart. Or make a decision whether to bring a doll.
 That means that your 110 appliances will work there, but any motor-driven appliances will run slower.
 We have lending closets where you can borrow household utensils and other items on a temporary basis.
 The economy apartments and houses are almost always unfurnished.
 On motorized motorways, driving is faster with fewer constraints.
 When the dollar weakens, you can buy less, so you should be prepared to budget carefully.
 Finding economy housing that suits you may take time and effort and a lot of patience, especially if you're assigned to a remote site in or near a popular vacation spot.
 After housing, a major concern most families have is school for the kids.
 be paid in dollars, which you can use for purchases in U.S. facilities, but you must use Italian lira for purchases on the economy.
 Should an emergency occur at home during that period, your family will have to reach you through the Red Cross.
 affects what you should bring.
 Italy and USA CTAF require U.S. private vehicles to pass rigid safety inspections before they are allowed to be driven.
 In fact, once you're here, you can turn to ACS to help you get settled into your new quarters.
 The rooms are usually smaller than stateside.
 Many streets in the towns are very narrow, and handling and parking a car, especially a large one, can be difficult.
 cannot be over emphasized. And the
 Your sponsor will be able to help you both before and after you arrive.
 you may be required to live in a local Italian hotel near your duty station.
 a family stationed at remote sites are taught at American schools in Arellano and Livorno.
 You'll also have plenty of time to participate in a variety of other outdoor recreational activities.
 they offer field trips and learning experiences in the Italian culture.
 Price for economy apartments will vary according to size and location.
 You can converse in Italian, you'll be able to make friends easier, and enjoy your travels in Italy to the fullest.
 Amps are okay with Italian current, they just need 220 volt bulbs and inexpensive adapter plugs for European style outlets.
 Keep in mind, however, that you will be required to pay a security deposit of up to two or three months' rent, plus a utility hookup fee.
 In addition to child-oriented education and daycare, the Army offers a number of continuing education programs for adults in Italy.
 Once you meet the Italian people of Northern Italy, you'll learn that they're generally attractive, intelligent, and well-dressed.
 Basic furniture is provided on a temporary basis of up to 90 days or until your own arrives.
 your ACS orientation package.
 Residents in Villaggio della Pace can also receive programming by cable from the Armed Forces Television Service and the Southern European Broadcasting Network, SEB, without any conversions.
 They have gathered by now that a PCS to Southern Europe can involve some substantial one-time cost to get started.
 all you can about Italy, or Greece or Turkey if you're headed for either of those CTAF commands.
 Public transportation is excellent and inexpensive, but many people still want to have their own private vehicle.
 Plan ahead.
 sponsor can help acquaint you with Italian customs to help you make your stay here more enjoyable.
 they can provide you with all kinds of assistance, services, and information about local facilities and community resources.
 In almost all cases, communities will furnish these items.
 Something else you ought to think about is how you and your family are going to get around while you're in Italy.
 In Turkey, you are not authorized to have a privately owned vehicle.
 The dollar is strong, you get more lira for each dollar, so you're able to buy more Italian goods.
 In other locations, the local command, through your sponsor, will be your primary source of help.
 Chinza American School is an excellent, fully accredited U.S. type school covering grades kindergarten through 12.
 to join regularly scheduled trips to ski resorts in the nearby Dolomite Mountains, arranged by USMCAV, the U.S. military community activity, Vicenza.
 If your family requires special education services, you should contact your local ACS and MILPO and inquire about the Army's Exceptional Family Member Program.
 and record players run slower on 50 cycle current and will have to be modified at the PX.
 Discuss your specific situation with your sponsor or ACS financial counselor and arrive knowing that you will not be overextended financially. Then, you'll be able to do your job as a soldier effectively and efficiently. And, you'll be able to take the fullest advantage of the opportunities open to you in this interesting country.
 The bottom line of a successful experience here in Italy is being able to communicate with the local people, and that begins with attempting to learn the language.
 be required to learn the local laws to qualify for a command-issued driver's license.
 The maximum amount could be lower depending on where you are assigned.
 Every effort is made to help Army spouses find jobs on U.S. military installations.
 and enjoy the famous food and wine of Italy in a variety of different eating places.
 For example, electrical power in Italy is generally 220 volt, 50 cycle, except in Villaggio delle Pace units where there is 110 volt, 50 cycle power.
 Cell phone service in Italy is adequate, but new phones are in short supply.
 Contact your sponsor and let him or her know about your special needs and arrival date.
 and enjoy visits to picture book locales that will take your breath away.
 U.S. schools in Italy have hot lunch programs, club activities, and sports programs similar to those in the States.
 The assignment in Southern Europe will be a satisfying and rewarding experience when you plan ahead for your trip and are prepared to meet your financial obligations.
 If you do not live in Villaggio delle Pace, your U.S. television set can be modified to receive U.S. programs as well as programs from Italian television.
 Army's gateway or head start programs are good places to begin.
 This can total as much as $1,500.
 And you'll also be required to have liability insurance with collision and comprehensive suggested for your peace of mind.
 However, there are usually more applicants than there are jobs available.
 You may especially enjoy the popular sport of Volksmarching, walking in groups, along a specified course through local forests or through historic areas of famous cities or towns.
 As you plan what to bring, remember, the rooms are usually small and not everything you have may fit or be appropriate.
 one may take you several months, even up to a year.
 Local ACS can also provide you with useful information.
 Insurance rates are high and should be considered in your financial planning.
 and studying the appropriate language.
 With this in mind, it'll be a long time before we see you again.
 As you prepare yourself for your PCS in Southern Europe, you will help assure that your arrival here will be the beginning of one of the most positive experiences of your life.
 Since finding appropriate housing on the economy may take several months or even longer, you will probably begin your tour in Italy by living in temporary housing. For example, the guest house at Caserma Ederle.
 Like all other cultures, they have some customs that are different from our own.
 Facilities over here are normally dispersed, so you'll have to make frequent trips, especially if you live on the economy.
 are no closets. And the landlord does not provide any household appliances or light fixtures.
 Living in Italy and in Greece is different than back home.
 Purchasing power off the base depends on the rate of exchange, which changes frequently.
 After assigned to Vicenza, the housing referral office will help you make arrangements once you've found something satisfactory.
 A similar school located in Livorno serves students from Camp Darby.
 And I'm really proud of where we stand here today.
 And in the course of that time, it's become apparent that it's a really important community asset.
 And that's something I do, quite frankly, in my professional life, too. So it's hard for those not to intersect at times, which is, frankly, part of the reason why it makes sense right now, too, to step down just from a professional standpoint, not being able to do both.
 think it's time for Winooski to look the same to reinvest that in infrastructure.
 Yes, yes.
 Thanks for all your work.
 I'm proud for this to be my last action.
 It's very beneficial to see that work from the community's eyes and standpoint.
 And it's your job to then take that and create a workable work plan, a vision that we can actually execute.
 Additionally, another big focus and area that we've tried to work very hard on is coming up with a capital improvement plan that doesn't focus just on gateway districts, but also in our neighborhoods.
 Yeah.
 And the great part, right, is...
 So it comes at no impact to the taxpayers from a net new tax standpoint.
 When you come into an office like this, it's never about your vision and what you're there to accomplish.
 You guys okay too? So good evening and good evening to the live audience via Channel 17 News.
 It's our job to come up with what we think is a sustainable policy path and finance package
 And now we're trying to be stewards to get that to the final destination of sustainability, and we're well on our way.
 I just want to acknowledge that we have a very deep and talented bench in our city in terms of engaged, intelligent people who have leadership qualities.
 they've given us this opportunity to lead and I hope that they feel like we've done well with that vision and moved the community forward in the way that most represents what they want to see. A place that they enjoy living and are proud of.
 And to me right now, this has been a fantastic opportunity.
 So if they agree that this is the correct vision, that this is the right vision, and these are the right steps towards it, and the proposed total 6% increase is something that everybody can get behind.
 And we're really proud of this project and the impact we know it's going to have in the city's future.
 It's not as bad as food and drinks. There's much more. Now had you done this at 6 o'clock, then that might be...
 And it's beautiful.
 It's been my life's passion, something I've done for a decade.
 This includes over $20 million in investment to do a head-to-toe redo of Main Street. All new infrastructure, new streetscape. To again, provide another opportunity for us to have a vibrant gateway into our city.
 We spend a lot of time talking about whether our community needs or wants a pool.
 And we're on the precipice now.
 My name's Seth Leonard, Mayor of Winooski.
 make sure that they get executed.
 We went under with this the state's largest redevelopment project in its history right in the reconstruction of our downtown.
 there won't be a lot of pressure to come up with a lot of big ideas right off the bat.
 I sure am.
 We're really proud of the work that we've done.
 We've done that work, right? The taxpayers still have to vote, right? They have to vote yes on these items if they want us to actually execute them.
 be a main street in an area that fulfills that vision that people who use gifts over and over again we want to be this walkable vibrant destination community.
 That would be pretty bad.
 parts of the budget, right? We're going to service the debt on these two big projects.
 It creates an unbelievable community fabric here that's unlike anywhere else.
 And in the course of getting this opportunity, I can't imagine a better chance that could be available to me right now to make that difference.
 And I specifically want to call out our city manager Jesse Baker who in just two short years has done a tremendous job of leading our staff, bringing a lot of these projects that were long in the thought process to fruition.
 We've spent a lot of time talking about where we want our critical infrastructure investments to be and go, and what our community is going to look like in the future. And we believe this year we're putting forward a budget
 And we've got a couple big projects, right, outlaid right here for folks that I think are wonderful demonstrations of how we've tried to take that vision and turn it into action.
 You've probably followed for quite some time starting with Myers Memorial Pool, right? The pool's been non-operational for about three years now.
 And then from my own, it's been a tremendous experience to see that work through that lens. A great example right now is we're working through affordable housing. We have a housing commission and we're looking at potential updates to zoning that we think are going to better reflect the mix of housing we want to see in the community.
 It's a very typical tax in our area. We're surrounded, Burlington, South Burlington, Colchester, Essex, South Burlington, other communities in our area also have this tax.
 I'm currently the housing program director at USDA Rural Development. So, yeah. The mayor's stipend in Winooski is about $1400 a year.
 people informed and engaged. Anything from you, sir?
 that's going to be very representative of that vision.
 it's looking at how to help a community be successful.
 I'm extremely, extremely proud of the work we've accomplished in the last four years as a mayor.
 So I accepted the position last weekend. The charter and the transition items we needed to work through took us a little time.
 for the next month and a half, I'm going to be talking about this budget.
 they won't see a hike in their taxes as a result of that garage being constructed.
 It's your job to turn back towards the community, understand what it is that they value, the things that they want to see done in their community.
 So with that, we again will be cash-flowing out of the capital budget.
 Serving this community in the capacity of mayor for the last four years has been the greatest privilege and honor that I've had in my life.
 So you'll hear lots more from me there especially. Thank you guys, appreciate it.
 And the addition of this parking garage, we believe, is going to be a wonderful asset for that future. Additionally, it's going to come at no cost to the taxpayers from a tax standpoint. We're going to cash flow the revenues from the garage towards the debt of it.
 then that closes the chapter on these conversations. The projects then go forward. And look in a policy seat,
 We've gotten to the point where we took the community's feedback and vision, we've designed these projects, we've put the finances together, and we're offering forward a budget to execute that vision in the future.
 I can't be more grateful to all of our residents because they make all this happen. They
 So I have a very honest question I ask myself any time there's an opportunity from either a civic or professional direction, and it's how can I use my talents, my abilities to make as much of a difference in as many lives as possible and impact my community in the best way possible?
 In addition to that, we'll be rolling out details very soon in regards to a new parking structure in the downtown.
 you feel your time as when you see Mayor will stay with you in your career moving forward?
 Yeah.
 So again, this has never been about me, and this work's never been about me.
 Great.
 I have a question.
 They're the most diverse, most densely populated, while the rest of Vermont is getting older, we're getting younger, and we have the most diverse demographics in the state.
 And it's to me affordable housing is the foundation of a healthy community, right? So I believe very strongly in that work.
 And I am so immensely proud of the work we've done to do that. And there's no better sense.
 We spent a lot of time developing a master plan.
 We have to engage in a lot of partners to make all this happen, right? There's no project that we do by ourselves.
 not just from an activity standpoint, but from a community building standpoint, for the ability for our community members to build that safe, healthy, connected community.
 Thank you.
 Thank you.
 So we're looking with the Main Street project, we're also going to be proposing to taxpayers and voters that they allow us to do a 1% sales tax on rooms, meals, alcohol, and general sales.
 what progression needed to happen from a process standpoint. So that's why we've delayed it by a few days to try to make sure that we had answers to all those questions we knew would come up.
 I really have appreciated working with all the media in Vermont and you guys do a great job.
 Great question.
 I forgot to turn on my microphone.
 The last thing that I look for just stewarding through is in terms of a community conversation.
 And some of the key elements around that have been about investment and infrastructure, making sure we're taking really good care of the thing we're most visibly responsible for steering, which is the taxpayers' resources, right, those tax dollars, and investing them in a way that people believed in, and investing them in a way that they saw a vision coming into fruition, into reality.
 And I know we're going to have some wonderful people step up, maybe even multiple people step up.
 Yeah.
 Yeah, well thanks again to everybody at Channel 17 to you guys go above and beyond. I'm sure we have access to all these meetings and you've been a tremendous partner.
 it's reasonable to the taxpayers.
 This year we'll be putting forward a proposal to also bond for the reconstruction of Hickok Street, which is a residential neighborhood.
 That's what the last, especially, year has been about.
 very reliant on other funding streams and sources, state, federal, local, regional partnerships to make that work. So certainly, you know, that's something that I hope I've brought to this seat from a professional capacity standpoint and, you know, some knowledge base for the city to just benefit.
 So I measure it in the difference that I can make and it's not to downplay the role here and what we've been able to achieve. But that's the decision I arrived at.
 We are also moving forward with our Main Street reconstruction.
 We believe that's an opportunity for us to share the expense of the Main Street reconstruction project in specifically with the businesses and also with the folks who come into our community and spend dollars every day.
 We wanted to ensure that we could clearly explain to a counselor, should they choose to run for office or for others,
 Thank you guys.
 Well, I am a practitioner in my professional career. In a lot of cases, I'm looking from the lens of a funder.
 So this year's budget's going to have a couple components that I think you're really going
 And so with that, I'll take any questions you guys may have.
 So I'm leaving at an exciting time and we are in an extremely exciting place as a community.
 two years before that as city councilor. When I came into office I talked a lot about the idea that Winooski really needed a plan, a solid path to move forward into our future.
 Couldn't do that again because yeah
 Yeah.
 Yeah.
 that a lot of folks know in the heart of one of our most densely populated residential areas.
 And earlier today, I issued an announcement that I will be resigning the post of Mayor Winooski, effective January the 28th, 2019.
 So it'll be a net neutral impact to taxpayers.
 So I'm not gone yet.
 The city doesn't need me to oversee these projects, right? That's the city manager and the administration's job.
 And I hope in some way that that maybe makes the job for the next person that steps into this role as mayor of Winooski a little easier. They've got some big things that they'll be already working through.
 And I'm so, so proud to have had the opportunity for the last six years to serve the people of Winooski at an elected capacity.
 Yes, sure.
 So.
 And this is our opportunity to shore up the vibrancy down there, right? We've done a lot to create a business community and district in that area that I think we can all be really proud of.
 Yeah, so there's no perfect time, right? I actually think it's a fantastic time because what my role and job coming in to me was to listen to the community, try to craft a vision that included deliverables, right? Projects, things that helped achieve that vision and result in the community that people wanted to see.
 I'll be quick with comments. You guys have got to the written statement and go pretty quickly to your questions.
 about this community. And I have a deep love and passion for our community. It's our job as a government not to create the community that we want to see. It's our job to create what is essentially a canvas for the community to be able to paint on.
 I mean there are a lot of things coming up. Do you feel like this is a good transitional period for you?
 We don't look like any other community in Vermont.
 This is an opportunity to work with resources that impact the entire state of Vermont in a way that is dramatic.
 and stepping away from a position like this than to have extreme confidence in the leadership that you're leaving behind. I can't say enough about the people, the humans that work here in City Hall and execute that vision every day because but for them, none of that work gets done.
 Is there a way to ask the accreditation board for an extension if you got the funding? No. We tried that already. In fact, I went through that process in November to ask for an extension and they basically said the extension would be to August, September of this year.
 Did you guys review the manuals?
 And I can talk, we still haven't been able to hire our part-time person in those districts,
 Next one is the chapter 2.56 Maui County Code of Ethics.
 So we go along with the Department of Public Works and Environmental Management that they put it in.
 I'm not sure if anybody was able to go through that and may have some questions. But what I'd like to do is go over the first report, which is called the standards of cover.
 So based on that information or that request, I will send that information to the Department of Personal Services.
 Yes.
 necessarily go through the fire department. The Department of Personnel Services handles that so you could ask for a request but it's not something handled internally by the department.
 And so we have to take that 90% of all of those calls.
 Chief, you made a question on the line.
 And then two years ago, we had to get the mayor to sign off and support this. So he has supported the process.
 I guess we'll call it, that we've been involved in is the rat lungworm disease.
 So again, we've already been in contact with our partners.
 It's written by Professor Van Dyke.
 read the minutes and make your own
 We want to learn more and we want to be able to provide that information as much as possible.
 I'd like to welcome Mr. Freitas to the meeting.
 Thanks, everyone.
 Item 7A, the department highlights promotions and interviews.
 at the FY18 budget, which kicks in July 1st. But they gave positions that month.
 It takes a lot of work from all of our members within the department wanting to make that happen.
 So I don't know if three months or two months would make it happen. But if we had the funding, we would try very hard to make it happen.
 So they're called in and they're on our call list.
 So if you just want to go over this, the new board and commission member orientation packet.
 the funding, issue of funding, fund the program, finish meeting the eight things that we're not meeting right now.
 Thank you.
 Yeah, that's all.
 So this one is, this report is much more specific to the needs and what our department needs to work on and focus because all of the other core competencies were already met.
 So you can see it starts at level four, normal operation, steady state. So that's today.
 causing such a dramatic change in response time for HANA. Okay, so how that works is they'll take an average, the top 90 percent of all responses during that annual year. So
 We try not to use that in the SMA. But yeah, that's available for us.
 continue to press forward.
 So just for clarification purposes, accreditation is.
 where people are not buying local produce and we just want to stress that it's not that you cannot buy the local produce.
 That's very subjective.
 If you have any questions on the report, I'm happy to take those. Otherwise, I'll move into the piece that Commissioner Tonkayo asked about last week, or last month with the activation levels.
 They'll be flooding and ponding on the roads, but it's not getting into people's homes.
 Yes.
 Now as far as districts and notification and the actions they take, Lanai, Moanai, Lahaina,
 me it comes down to more you guys are all professionals, very well respected people in the community.
 So it's just a habit that we need to retrain ourselves on as a community is wash all produce all the time.
 So, it's...
 projected retirements are 20 for this year.
 You know what they mean.
 mechanics to the operations program and we still don't understand how and why that happened. But the funding was maintained.
 I have a question. I know you provided all of the council people with the information here.
 As far as dialogue with them, where are you, when does that happen? Sure, so the way we have the EOC staff now in our operations section, we have three branches.
 produced by the State Employee Office of Information Practices.
 Thank you.
 So the EOC is not staffed at that time.
 every year, so it's ranged from $80,000 to $2 million.
 They'll break down the areas that we need to work on.
 Every year we've adopted a budget amendment for the shortage.
 So it's really good that we go through the data, the statistics, and really work it out because our constituents need to understand what we are up against.
 Just one question, those false alarms, are they from alarm companies or are they from people actually pulling alarms? Some make some pull.
 All right, and some of the notable items that we'll need more funding moving forward is our helicopter.
 Thank you, Chair.
 Thank you.
 So I don't know how much that will cost us. So that's an added thing moving on to the ninth as well.
 We ask for a budget amendment to move forward to the 30th to handle all of those payroll issues.
 We have a process that we can use to go after those individuals or companies that have false alarms.
 So thank you for that question.
 It's about 16 minutes, 12 to 16 minutes, depending.
 Has there been any discussion with council about should they decide to adopt accreditation? Is there like a big change in pay for the department? No, not at all.
 tsunami and tropical cyclone a watch triggers actions by each of those departments.
 Thank you, Chair.
 First one, new board of commission members.
 So, being shi'i is not very far.
 and those 86 have to be met.
 Generally speaking, I request that, it's a self-policing policy, so I'll ask is try not to talk about board business with other board members outside of board meetings.
 As far as training and exercises, we finished our EOC basic training for our partners, so that was over about a five week period where they were coming in on Mondays to do that. And now we're moving on into hurricane preparedness, what kind of healing things.
 I'll say difficult to.
 So some of the overtime that is brought up goes into that process.
 That's when you'll see that influx and it doesn't just happen to us but police department, civil defense, emergency management.
 So the process goes through a transmittal form which goes from us to the mayor's office, to budget, from budget to the chair of the council, and then from the budget, I mean from the council chair to the budget chair.
 So the only thing that I asked was that it provide and fit the National Fire Protection Agency's associations guidelines.
 First, first.
 It doesn't even take those special things that they're selling at the store, those sprays and things like that.
 If you've got to put it in nuts and bolts to them, right?
 We have that request to add on the agenda a possible letter of support for the standards and cover of accreditation.
 Just unlucky that's what it calls me.
 Personal services has a notification list.
 maybe is a an event that's focused on a specific geographic area. It's not island or county wide.
 A question here.
 Right.
 the origin of the disease itself? Here in Maui or in general? In general. Is there a place where the rats have the disease and that's why it's coming out of that area? Do they know? Not that I'm aware of. I mean, here we can see it obviously in East Maui, but
 anybody can talk about board business with it.
 Is wondering how we can leverage this body to put pressure on the mayor and chair, the county council to take this seriously.
 and hopefully one day we will get the support we need.
 which would probably be about $40,000.
 We've had a lot of repeat personnel who
 So with the tropical cyclone, when the forecaster advisories are issued, we see that coming
 Whereas other departments have people that actually have ability maintenance repairers.
 They have a representative that attends something. They have one that represents private water. Yes.
 And most departments go through this process anyway.
 So what we did was we put a team together and what we call it is a cadre system. So basically like instructors or what have you, but we put together a team to help with this accreditation process.
 So I think they really need, somebody really needs to look at ensuring that the alarm companies service these alarms on a regular basis to prevent this excessive response to false alarms.
 So I'm not sure how that process is going to work.
 So if anybody has any questions on the standards that we covered, this is a quite robust document. So even if it's not at this time, let the chair know or me, and I'll be able to answer the questions for you.
 So we provided the information for them and no money was added to our budget for this fiscal year to handle that.
 This is the report that they provided with us.
 of this commission when I got hired.
 We currently have 17 openings and we will be starting that class July 1st of this year.
 because it does trigger actions in departmental emergency plans.
 Thank you Vice Chair Hirata and Gates.
 can't it's because that's all okay people go home when the recruitment yes so that
 another process that we have to kind of do it all over again.
 staffing all of the emergency support functions in anticipation of something that we know is coming.
 Travis, would you be interested?
 There's other intricate things, I believe there's discussion to go into subcommittees and all that.
 started to front load the process with whatever funding we had nine years ago.
 So you're looking at a dune? I would suggest that for such and all purposes.
 Second wave
 comes down to the consumers
 There is that possibility, but going into that, they'll be fine for the fiscal year, but I believe you have the funding for one year.
 Question Chief.
 optic.
 So that's sort of a shortage of something. And have you thought about going back to county council asking for a special assessment? We did.
 So on the good news is the two battalion chiefs that this commission as well as our administration has been fighting for has been put on for a limited term.
 That's for your first and second.
 Will that grow by the end of the fiscal year? Hopefully not by much.
 We have one that is separate, hours past before the police false alarm bell.
 Sorry, if any of the other members want another packet, I can get you one. I just don't carry them with me.
 Okay.
 I know both of you gentlemen have been on many commissions before, but if you have any questions...
 There's no change in pay. All it's seen is that our environment has met the standards of accreditation, which is higher than a minimum.
 There was a Zika tabletop exercise which seems a little bit odd because the focus has kind of moved away from Zika but as we're getting into the season again where mosquitoes and high travel, we had that particular exercise.
 It's going to be difficult is not the right word.
 I don't...
 It's more as topics come up, I'm typically at these meetings, so please ask if you have any questions.
 update.
 either schedule it or not.
 put teams for all of those things.
 property.
 Okay, so quick announcement, next meeting is Thursday, June 8th at the Fire Prevention Bureau at 10.30 in the morning.
 Because if you say it's only going to cost $200,000 more to be accredited, I mean, what better standard to have?
 minutes
 If you take the time and wash your produce, and it's not just, we should tell folks all produce.
 wasn't a two-year term or anything. No, we're not sure what the total time frame.
 Only 240 departments in the United States are accredited out of the 10,000 or so that exist.
 I think that would be an effective way to get more loci people to apply because they just don't know about it yet.
 Sure.
 So they provided us with a window of opportunity for three years to get it done. And we just are unable, so we're gonna have to start from scratch, literally, the next time we go through this process.
 That's what we have some of our partners in.
 That we are up to snuff with. And we just try to get the whole department as a whole in all of its policies, and all of its standing orders, and standard operating guidelines to be on the same process.
 You guys might want to put that on an agenda item for next month. And that way, give the chief... The problem is every month that this goes by is one less month that he's got to be able to... Just a suggestion, but I would really... If you're going to write that letter from this body, you may want to get more detailed, solid information and numbers from the chief rather than some back of the envelope calculations.
 spot
 We can talk about stuff with members of the public, non-board members.
 Because we have no real means of managing maintenance of our facilities.
 So, when we notify them, they notify us. I know there's some partnerships like with Maui. Yes. So they have a liaison.
 We weren't sure if people would come to each meeting every month, but we've seen a steady participation in that.
 So it starts out with just our staff and maybe we've made a notification for people who have something in their day-to-day operations that they would do then
 Chief, what dollar value are we looking at? What would the funding mechanism, what would the dollars be that you feel you need to finish this out? Well, initially, I would say six out of the eight would come into some overtime.
 And we all know that one person wouldn't be able to compile anything like this at any point, even if they did that 24 hours a day.
 And the batteries weren't being replaced. And when there was a power outage, you're supposed to switch to the battery backup. But if the battery's dead, it triggers the alarm.
 So the real issue here is that we invested a lot of money and time to go through this process of a self-assessment. And that was done in the 8th edition. So starting January of 2018, all assessments done after that will have to be done in the 9th edition.
 All right.
 the first page is composed and written by the four peer assessors that showed up on Maui in January.
 still waiting on the information for that. But our department will be in full cooperation with that audit.
 So a lot of work, about a year and a half of work went into this document.
 So when we call a watch, that's why too we are always in consultation with the weather service when they're going to make that call.
 Our chair has arrived, so I am relieved.
 We did not have the funding to move forward. So it moves us back ahead.
 So I'm just trying to carry out what is asked of me within my means.
 We have all of our county partners and state and other partners in.
 That comes out of our personnel department, but I can't pass that information on.
 So I really was trying to get this done by August of this year, but it's not going to be done.
 We can, for our next meeting date and time, we can have a request to have that item agendized.
 Thank you.
 would just be collected by the Port Secretary.
 The funding that you need to complete the accreditation, was it supported by the county administration? Yes. See, before we started off on this process, we went to the classes, we understood what we needed to do.
 So I guess I would just be disappointed if you hire the two bodies, got them on, and the audit finishes six months later and then those bodies are adjusted.
 All in favor? Aye.
 The farmers are doing what they can and then the intermediary is doing what they can to make sure that it's clean and safe.
 So in our tour of the island, they saw the challenges that we had, and they've given suggestions in their report of how to manage that.
 as long as their email and address information is correct.
 And so that was an issue and a topic and we did not have the funding to pay for the recruits during this fiscal year.
 Those are the ones that are a little bit more challenging for us, but I would recommend similar to what we have here.
 It's kind of dated at this point, but the information still holds true.
 to recite a section.
 we had to have provided all of the information moving forward. If not, we would show no credibility moving forward. So just to get them to show up in January to fly here, we crossed a large hurdle to get to that point.
 to alleviate the unemployment issue.
 That's something that we tried to have discussions with the council and the mayor's office.
 fund for a ladder truck that cut $400,000. So from 1.2 million to 800. So that doesn't get us a sufficient ladder truck. But we're in the process of putting that out to bid and see where it ends up.
 That information is compiled internally by our people.
 So, you know, manipulating the data. So the data is what it is.
 I'm sorry.
 Oh, that's...
 The next packet is an article or I'm not sure what you want to call it but
 Yes.
 Sometimes people forget that we also are participating with the Department of Health during those types of events.
 obviously know it's raining outside.
 every year thus far.
 It's not an issue for us. We have nothing to hide.
 Thank you.
 That's all I could promise you.
 And for us to want to do that.
 current budget.
 Okay, is there anything else that the Corporation Council needs to forward with the new members? I just need a quick presentation.
 You see there we have gone through the process of going through our retreat trainees.
 Any more questions members? Just one more, just a compliment again about this document does it really identifies
 I would say yes, that's an estimate. Yes
 Public and private utilities are part of the infrastructure branch.
 So let Jill know and she can let me know.
 just didn't have our day-to-day operations on there, which is level four.
 Thank you, Chief.
 So one of the real issues is we have a deadline for August of this year. And based on our budgeting and what's set forward, we're not gonna make that deadline.
 equipment. Right. That was one of the areas that we failed is our facilities.
 Any more questions on the standards of cover? Chief, one quick question. Looking at your response times again, and I'm looking for HANA specifically, in 2013 it was 26 minutes. Oh, page 50. 50.5.0. In 2013 the fire response was 26 minutes. In 2015 it goes to 45 minutes.
 So the majority of them do have that.
 Any questions? Okay.
 not endangering life so much as it is maybe properties but not at a higher level.
 But the key for us, again, is because we've seen a little bit of panic with that particular disease.
 During the budget process, I'm sure the objectives were in the conference.
 Yes, that's a good question.
 Any more questions? Thank you, Em.
 Sure.
 Again, if you have any questions on that, please let us know. But essentially, there's a few prohibitions.
 and by taking away those positions would that affect accreditation? Yes.
 these cuts, do they consult with you guys experts on their decision why they're making the cuts when you guys know that something is needed?
 funding maintained, positions maintained, but just moved to operations. So kind of an interesting process, not sure what the whole thoughts were behind that, but it doesn't really affect us. And we're going to manage it the same. So just a clarification to the board.
 When you take them on a tour and you take them around, totally around the island, they know that there's no station, they keep moving.
 The average recruit class lasts six and a half months, so that pushes us into January of 2018.
 be available to the public. At some point we will put it on our website. So
 The budget that's being worked.
 The next question would be as far as the utility companies that are very important, what's your dialogue with them as far as their notifications? Because they can take the same precautionary measures too that they, you know, there's points where a lot of departments, they'll shut down, you know, they'll lock down.
 The next bigger one is the guide to the sunshine lobster.
 So, you know, as we present our budget, those are the things that go into the process from the Mayor's office and then it gets cut during the budget deliberations with Council.
 They also touch on some of the things that we do very well.
 always monitoring for things that might happen with a no-notice event.
 I guess the first four didn't get it. So the first four, every year thus far, this is our fifth year that we've gone in for a budget amendment.
 It's really tough.
 Thank you.
 So right now, they would have allowed us to move forward and have that work in progress.
 Welcome to Kenison. Mr. Lumber, I apologize for not being here last month.
 Now we'll go on to item number seven, fire department.
 Thank you.
 But thank you very much for the discussion and the support.
 And a third party would say that the Maui Fire Department steps in.
 contracts came out and it was slightly higher. Of course, you know, the last contract was done four years ago on an annual cost basis and so that needs to be adjusted at some point in time.
 Is there a standard as far as measures that can be taken once, let's say, they hit a trigger point? For example, you know, of course Molokai, for example, Stephen Arce used to start filling up his trucks. Yeah. Start staging them in critical areas.
 probably refer you to try and get an advisor opinion from the Board of Ethics.
 We're pretty clear on what our needs are. I'm not sure what the whole process of all that decisions are, but this is not the first time that that's happened. So it really puts a damper on the whole process and the whole timing of the contracts when they actually go out.
 You know for the accreditation the response from the station to the scene What is a what is a time for an accrediting like talking? It's all dependent. It's all depending for district and what we provided to the accreditation board so for instance in the city area
 We had the amendment, I believe it's in second reading, if I'm not mistaken, for next week. And hopefully we get that and nothing drastic happens between now and June 30th.
 The number three, enhanced steady state, is something has come up that maybe requires us to pay attention to it a little bit more.
 we put teams for the standard of cover.
 that you can do to reduce this cryo-wolf syndrome.
 It's extremely frustrating to come this far in the process and not being able to finish.
 through the accreditation process cannot send that message stronger to the people than transparency.
 So we'll be full staff if that person takes a position.
 The one that is most
 So there's 264 other ones. We met the majority of those as well, but eight of the core just did not meet.
 That is a really good question. The answer is no.
 Absolutely, yes. So we had some calls running up to five hours.
 Thank you.
 Second.
 So, I'm going to put that in there.
 Try not to do things that are conflicts of interest or improper.
 They will fund that and we'll be in full cooperation with them.
 for you as well as the committee.
 The first one, nice bright color-coded one, is our EOC activation levels.
 on the Big Island it was linked to a cop-out and the slug in there. Well that was just that particular incident. They've had rat lungworm on the Big Island for a long time already.
 But between board members, we ask that all those communications happen in a meeting, down to emails and everything.
 in a way that we would send a letter on behalf of the commission, the chair's signature, strongly voicing our opinion on the accreditation process and what it needs to finish.
 it doesn't go into the Molokai Discman? I can't answer that question.
 right okay so there there's a lot of positives so that whole process right there sounds negative but there's a lot of positives that would learn through the process and we're going to continue
 So item 7C, fire department fiscal year 2018 budget update.
 Level two is a partial activation.
 the comment. I thought this was pretty awesome. A lot of work, you can see that a lot of work went into it and you know being a former member is very impressive to see all this this work of documenting that our department does.
 was when I was working was alarms weren't being serviced.
 The other two would come into some processes and software and what have you for records management.
 We have 15 facilities and we have nobody to take care of them.
 We've been very successful in terms of good turnout.
 That's what you see on that chart there.
 we'd have to have all of their support as well.
 So I guess, what's the trigger point for their activation or recommendation from you to the public works to start preparing? So those would usually start happening at a watch level. And those at the EOC, we're recommending for the departments to activate their own plans.
 Yeah, I don't know. Just a chair right now.
 there was lengthy discussion about that.
 And the findings of an audit that they also approved, that council will pay for, whatever that findings come out, we'll either make those positions permanent or eliminate them completely.
 So you're going to see some different response times in different areas based on the distances and the resources.
 I'm not a good swagger. Keep your eyes out when it comes open.
 When the matters come up, we'll go into that in more detail at that time.
 And that's the one I think that is the most fluid as far as not a warning doesn't automatically bring in the other partners.
 So if there was a motion put on the floor, I don't see it on your agenda today.
 becomes your average for that year.
 So we'll have the emergency support functions in who would be affected by that particular event.
 Can we get that advertisement too as commission members?
 been out approximately five to six years and they're making changes.
 We're wondering how many audits has this organization done with other fire departments? Thousands.
 I guess you can let newspapers on Moloka'i know, have people just sign up for it.
 in the standards of cover, the data and information shows where we need to improve.
 that person would be the one then that would staff and activate either by themselves or with partners in those EOCs.
 they accepted it that in that fashion so I'm very comfortable it doesn't matter who they are.
 Time for orientation.
 That's all it takes is washing it properly.
 Explain a little bit more about why you didn't have the funds. You had to delay the training class because you didn't have funds? Yes, so our department ran into a shortage somewhere around November of 2016. And as we moved forward to move around funding from different programs to make it projected till June 30th, we came with a shortfall
 All right, so countywide funding where they try to put most of the equipment in.
 included those two reports.
 So, I was in the military for a while, and I was in the military for a while, and I was
 Now, at what point do you recommend that they take action or measures to be prepared for a storm? So those are the same as what we do here on this island. So it's a county-wide notification.
 It's kind of a breakdown, it's a different way to
 All positions are only for one year funding because we're an ag budget.
 over on providing you with more hard numbers.
 it gets to the next level that it's possible.
 question.
 The emergent.
 Because during a warning for a flood, it goes from nothing to something pretty quickly.
 So what that says is that their distance to response calls were further than the one that was a 90% that was done the year before.
 So it is looked at on a daily basis throughout our community. Hopefully that helps. Thank you.
 or it's happening or occurring as we are speaking and the response and recovery is going to require additional resources than just one or two particular agencies.
 Those are the kinds of things. Okay, well, it didn't show them on our.
 So let's move on to item number six, volume management.
 Peace.
 some people for our opinions that we have.
 I don't even understand how it's not supporting.
 Yes.
 I'm sorry. All right, so moving from item 7B, a number of incident reports, if you can look in your handouts for the month of June.
 already paid for to a non-profit, which was much less cost-wise, but the council felt that they wanted to do something independently. So that was the decision that was made.
 We used to just have three, but then FEMA and the National Incident Management System had recommended four tier,
 For the most part, we have in excess of 6,000 commercial properties. And all of those have fire alarms. So if we're talking 50 out of those 6,000 that we know of, I think the ratio is really good considering.
 I really had no guts.
 So we're only eight items shy of the total.
 Yeah, they're part of our water department.
 kind of goes over some generally general frequently asked questions. If you
 So we'll see how many people start to come out for the planning piece of it, which is more pencil to the paper kind of stuff.
 It's really, really, really well done. And I think especially if it's not costing any money to the taxpayers, moving forward on this is, in my eyes, is a no-brainer. Job well done.
 It's basically the audit of the department and its full operation.
 we continue to support in terms of coordination and especially with their messaging piece of it.
 So the advisory is what they call nuisance flooding.
 I mean, if you want to look into it personally, but I don't think the chief has an opinion on that.
 these kinds of documents for you.
 All these commercial properties like multiple cook malls, do they all have knock boxes?
 I have a question.
 minor adjustments were taken out of our maintenance program. They moved our four
 five thus far. So we anticipate 15 more.
 I think that's the question to be asked.
 And then things that are a no-notice event, like an earthquake or a mass casualty, they happen when they happen, and then that's an automatic DOC activation level.
 If you have any questions on that, please let us know.
 to submit the request to the budget chair? Yes.
 Okay.
 It's blue because we call it Blue Sky Day.
 We did not pay the accreditation board anything other than to pay for the travel of the individuals coming out because they are non-profit.
 And then when they issue an advisory, that means that heavy rains are occurring in a certain area and flooding may be imminent.
 One of the branches is infrastructure.
 There's a lot of details in the Sunshine Lost.
 And it's a really neat document even for me to go through it and see it. Thank you.
 There's a few little handouts in there.
 entertaining any questions before we move forward. But at any point in time, as we go through each item, you are welcome to ask questions.
 And that's awesome because it's
 standard plan or every district supervisor has their own plan and others aware of that plan? It's a standard plan department-wide so Public Works has their plan when we get into one of these levels.
 You know, nobody wants somebody to come in their backyard and tell them how fucking they are.
 a different category because of its geographical... Yes, it falls under our rural timeline and even those we don't meet because of our roadways and the distance.
 And then, so this information helps us provide what we need in a budget as well, right?
 I believe I spoke, I'm not sure if it was last month or the month before, but anytime we have the alarm companies issue, we go and if it's more than three times, we send them a letter.
 I'm going to talk a little bit about some of the cuts.
 questions on 17. All right, moving forward 17. So the Maui Fire Department standards have covered accreditation report. Last month we handed out a folder that
 So in those areas, we utilize overtime for our training instructors to come in and help with the process of the recruit class.
 It's the other ones like the flood, again, that is happening strictly in a specific district.
 read the Sunshine Law.
 So technically, we got the positions, but we don't have the funding for the positions, so we have to make adjustments for that as well.
 Question here?
 I'll just move down to the response piece.
 So when we go to a warning, our staff automatically goes into the EOC.
 So Chief, I just have one major concern.
 You're pretty close. I mean, you know, I know just like the police department, you go through a review process internally where you kick around, okay, what do we need? And then you put it together and things get cut internally. And then it goes up to the mayor's office and things begin to cut. But that's a final, final problem. It seems like just to get over that hurdle, we just need to work a little bit better with the legislative portion
 That's it. That's tomato.
 they still have to be factored in. So there's no way for us to.
 Thank you.
 The next page, I just made a quick kind of at a glance.
 It's extremely important for our community and our visitors to know that they come into an accredited area.
 How do you do that?
 a performance agility test at the end of March.
 I just mean correctly.
 So you have in front of you our monthly report just
 One of the suggestions we had was that accreditation is a full-blown audit of the department.
 All right, moving over to the next report, which is the accreditation report.
 Do you have any questions? No questions? I just noticed that what it's called, false alarm stays pretty consistent, yeah? Yeah, the alarm, yeah? Sure does.
 You sit here with your...
 So we were hoping to go through this process, provide the information, have the cadres work on all of the information that needs to be assessed and turned in. And then they'll come out and do another assessment. And our hopes are to pass and be accredited officially in March. But that's not gonna happen because we do not have the funding to put the teams together to work on these items.
 which was very much similar to what we had.
 We do anything excessive, we do reach out through our Fire Prevention Bureau and through our inspection process that is on the checklist at all times.
 Any more questions, members? I just want to see.
 And after this month, which is tropical cyclone, they move away from hazard awareness into actual planning.
 No, not all the private water guys
 If you have any questions, feel free to contact myself or Jill, and Jill can get in touch with me.
 Yeah
 So really we're just, we're not the lead on that, Department of Health always remains the lead on that.
 But then when it goes to a warning level, it's more than just nuisance flooding.
 So prior to that, like I said, we front-loaded a lot of things. And one of the areas that we did was our area of certification for our needs and training for our department members.
 Thank you, Commissioner, for that.
 It is a requirement from us, if they start all the meals, we require them to do a lot of box.
 So that might cause us a shortage issue going towards the end of the year.
 And then maybe going back to ask for an amendment for the bid that comes in, the winning bid.
 got put in back in there as well as funding. And so my whole thing was I just wanted to move it from our admin program to the ocean safety program so I could keep all of that money and funding and personnel in that same program.
 Did that answer your question? Yes, it answers a lot of questions, but I still have a few questions.
 Article 10 of the Charter of the Code of Ethics.
 I think the question for me then is to ask the council, do you guys really want to be, our department to be accredited or not? Because if you do, then you need to staff us correctly.
 It's just a nice day.
 But they are the experts in this area of management. So I believe that this process was very effective and efficient.
 A lot of our projections are pretty close to what we need, but then the cuts are made and then we have to go back through this process over and over again.
 It is accreditation report cover page.
 Being a former member, you know, you think, you know, you feel certain ways, but here it is, you know, black and white and some color.
 And the MECO, Department of Water Supply, Wickett County, the telephone company.
 So in my presentations, I generally don't get into hypotheticals of if this, then that.
 So, we're going to be looking at the flood watch.
 we're willing to see, hey, how can we make it better? And it goes for everything. I mean, they came in and helped us with our ocean safety processes as well. They turned us on to more information in that ground. So once we go into the ninth edition, all of that has to be clear as well.
 We're under the assumption that, because it didn't show up on our spreadsheet.
 I can't speak to their personnel as far as how well they know their internal plans.
 I gave you guys a packet a little while ago.
 Good morning members. Before you have our monthly highlights for the month of
 So like I said, we are open arms to the audit from a third party. This was a third party, but we'll do it all over again.
 They usually get on that pretty quickly.
 like the see like because there's a big gap between but yeah and Hana yes
 eliminated in our ocean safety book that I chief that
 Is there like a standard that you know that the public works takes? Yeah
 So that's my presentation in a nutshell.
 That's all we're asking because we want to be able to provide the community the best possible service.
 We hope at some point in time that this can be achieved.
 But this is our fifth year that we've gone in for a budget amendment.
 I know they try to do research with other departments within Hawaii, but one of the measuring points that they have to really consider is specifications. What are the differences and what are the different needs of the other counties as opposed to ours?
 It is all part of the creation process.
 We don't have the EOC staffed really at that point, but our standby person who is on call or on standby throughout the evening hours and off hours is monitoring that actively looking at notifications from the weather service or whatever event it might be.
 put teams for the emergency response areas.
 And a lot of times when we get a rash of this, it's due to bad weather.
 So Jesus is the funniest horse.
 Just a few items, we have received our staff specialist three list and we actually were able to conduct interviews yesterday and we're hoping to make an offer to one of the candidates that we interviewed for that position.
 And then as it escalates from watch to warning, you'll see that activation level then scales up to a two and a one.
 I appreciate you bringing that up because it's really, you know, it's a word that's being tossed around quite often, transparency.
 I feel you.
 So it's really, really interesting.
 So you just put your name on it? So now they have it electronically. So an individual can go on, even if they're not looking for anybody, provide their information on that list. And then when they do send the list out on the first mail out on the newspaper, then it'll come to them on the following Monday. So it usually goes out on a Sunday. And on a Monday, they'll get an email blast.
 Thank you for that question.
 Thank you for the opportunity.
 And if you do believe you have a conflict of interest or something in the code of ethics, there's a question.
 the limitations of the two positions? Based on the findings of the audience.
 Any corrections, deletions, substitutions or otherwise? I make a motion to approve.
 And so that's kind of the subject that we're working on is wash all produce all the time
 I agree.
 And I think when they started to do some more research, there's been individual instances in other counties as well.
 If you're going to have to email the group, please run it through the board secretary, and please do not reply to those emails to the whole group.
 We have two handouts in front of you.
 All right, so out of our 83 items that we put forward through the Mayor's office, only four of those items made it through to Council.
 That's the most common thing that we have after a level 3.
 You do have recruitment for classes. How is it advertised? It is online as well as in the Maui News and I believe the Star Advertiser.
 At least your procedures are accurate.
 And did you put a team together to put this? Yes. So, you know, for about seven years we've been asking for an accreditation manager, just one person.
 Great.
 On the preparedness side, our HAARP program is continuing in West Maui.
 There are some events that automatically trigger a certain activation level.
 How many areas did you succeed in? How many areas did you fail in? So we failed in eight.
 We are not sure what the total cost would be, but even if we estimated it at $100,000 or $150,000, that still wouldn't reach it.
 Public Works has their own triggers for that, and they match up with ours.
 I know both of you guys have been on many commissions before, so you've got to know the drill.
 I have a follow-up question. So if we were able to somehow get the funding to finish Accreditation, would timing still be a factor? Timing still would be a huge factor because there's other departments that we have to work with.
 So what that means is we were able to hire the two people, but they'll be limited, not permanent.
 So this is the final report for that. And it covers every aspect of our response and our emergency areas that we cover for all the districts.
 you're a million and a half short, roughly.
 Our power is in the collective group, it's not in the individual.
 But as we're monitoring the situation and just in contact with our partners, that call of when to, for the standby EMC person to call in other partners is a judgment call, I'll say.
 I had a question and it goes back to the RAP platform.
 but generally speaking, please keep board business discussions at board meetings between board members.
 Okay
 like 8th edition, 9th edition, that's how many years you've been working on? No, it's the editions that the accreditation body comes out with. So they see times
 I'm glad that you picked up on that because those are the things that the accreditation board looks at.
 And then a level one activation is a full activation.
 So through dispatch and all of our report management system, all of those data is provided for you.
 They're the only body that does this internationally as well as in the United States.
 for itself.
 We have any public testimony on any agenda items? Seeing none, move on.
 But as a consumer, it's up to us also to make sure that we're just washing it.
 Well, I guess what I'm looking at is, let's say, you know, a storm is coming in and there are certain measures that district supervisors for the public works can take.
 Do you anticipate the audit being complete? I have no idea because they haven't chosen an auditor firm yet.
 And it is an alternative if speed is the necessity to get something in quickly to conventional bidding.
 wondering.
 Most of this stuff should have been on that list
 Yes, we talked about it.
 And that's what's affecting the floor slabs.
 And we opened up a portion of the wall. And you can see the counter flashing that lets the roof terminate against that wall.
 water into the subgrade which could affect the other systems that are still in good shape drainage wise.
 chances of they get larger as they get closer to the classrooms.
 This was identified as phase two.
 And this is the first time I've ever heard about this.
 I have a number of 46,000 people use that field on average year.
 on the list, too.
 Mrs. Palak and me have been in constant conversation about how we're going to do that at the high school.
 It would be.
 First I'd like to talk about the track surfaces, meaning the track itself and the actual field events.
 Mr. Valsik and myself also accompanied that tour.
 There's a crack in hairline crack you see there.
 Watch your head.
 Are these things all sized correctly or do we need to look at those?
 everywhere.
 to always throw out there and maybe was brought up is that when a lot of the long-range planning and if we did have to do another building where would that building actually be there isn't a lot of space where we could actually go in and buy 30 acres somewhere right now so
 and any competitors of a similar size team.
 Now they each have different systems within themselves that you could shop, but you can't go out and shop different manufacturers.
 that area there's just looking at it with snow on the ground you
 look at.
 On attachment one there you can see many items that were listed.
 The third item would be the D zones.
 So if the water does get through that stone, it doesn't get down into the wall.
 The first of the month physically will be in place.
 I mean, it's just not a matter of building another elementary school. What happens when those kids...
 But then again, some of the stuff that's being brought up.
 Your track surfaces are a five-year warranty.
 this year if we don't have the time to do it.
 There's an awful lot of, as you've received tonight, problems that are going to affect our kids.
 So you will see it in several stages.
 of the track? No, the track would still be the 55 for the track work.
 It's that mechanical room through the stage and over across to the office area and the old kindergarten wing.
 push that aluminum off of there.
 It's causing an irregular surface. It's causing a surface that's inconsistent.
 Any other questions on McMurray? Any topic? You left me speechless.
 I think the best course of action is to open that wall up in small areas and replace that flashing.
 units up there have been changed out, there's 20% more to go.
 I know whenever I was over there, I forget what, I think it was a volleyball game.
 review is not addressing routine maintenance but rather a large district capital projects.
 been trying to figure that out myself since we found these. I think it's a combination of everything.
 similar on page 8.
 We can do that pretty much on our own, I think, as you and I talked about.
 the life of the asphalt.
 So yeah, I mean it would make sense economically to do it when you did track work.
 Once again, these are not all projects that are going to be done, but we're looking at that need to be done at some point.
 on that for budget meetings coming up I'm working with it and
 Now orange
 events and I went over and we met with the township and the planners community plan the long-range planning group that they have and of course one of the questions
 infiltrating into the subgrade, which could affect the drainage from the other systems.
 But I mean I said these are issues that are being looked at by some people not necessarily of the overall township But you know, we threw those those figures and facts into it whenever they we asked them What is projected if we if our growth kept going, you know when we went to school here, there was 4,000 people community. I
 I guess along with that, I'd throw out the generators.
 These the same kind of windows that are used elsewhere in the building and we're not seeing it or there
 He's one of our site civil engineers.
 We've included fire, police, our principals, our director of building and grounds.
 Mr. French, you may want to share with the board the more comprehensive booklet that we did on school security.
 This is another portion of an upper north wall over top of the classroom wing by the gable end, also facing the bus garage.
 about 9 millimeters, I'm sorry, 13 millimeters thick.
 It's our responsibility to maintain it. But if you had any interest along the lines from other groups like the Township Gets, soccer boosters, or football boosters to help them when they put in turf or lights or things. If you had any interest from folks who might be wanting to help us raise some money to do this? I don't think we've put that out there yet.
 I don't think Ed Zook and the township is going to consider this a land development.
 From what I understand, I think IOSinneat is in the area where the high school is, but it was not accessible yet to large companies or large entities.
 That's the design of somebody previous before me.
 more questions to these gentlemen as far as their expertise.
 years ago potentially building on Elm Grove. Yeah but if the growth is all on the other side of the township. Unfortunately
 we're just learning now as to some of the alternatives that to the current system that we have where the three buildings here, the middle school, the district office and the buildings across the street are all on the same system where we may have to just expand our current system to include the high school, Pleasant Valley and Bower Hill.
 to the middle school.
 What Mr. Galt put down is a list of many things.
 good for the wall again.
 for at least 20 hours.
 I'm not sure what the contractor was doing at the time, why it wasn't installed, but that would have helped the situation.
 Some of it, I agree with you.
 It just disturbs me about it. I didn't mean to attack. He's already left. Oh, there he is.
 Thank you, Mr. Thank you.
 Based on what a couple of the board members have said, are you talking about this system as though it's on like a pre-bid list like we have other things on state lists? Is that what you're saying, the time of bidding? In other words, has the state already approved these bidders as they do, for example, when we buy technology hardware and software? It's very similar to that.
 Um...
 So at first thought, we were wondering why this water was even getting into the library. But when we opened the wall up, you could see that the gauge of the copper that was used at the time of construction was very thin.
 But if left unchecked, could certainly cause some drainage issues under the surfaces that are in good shape.
 But when you say things that might show up red flags and you say it should be monitored, when is the next time that you would come out yourself or whoever you have or however this works? How often? Are we thinking in a year, six months, three months? Does Mr. Galt find something else? What do you mean by monitor? The process up to date since 2010 has been every six months.
 It would be within 10 feet, but we can still think about how we're going to lay that out.
 So just going back to the first page, I placed those windows that are in the worst condition as your first priority you want to address sooner than later. And then priority three would be the remainder of the windows in the building when you see fit that that would be an item that you would want to address.
 I think that's why it's a good opportunity to sit down again and go through it pretty thoroughly because there's different options for each school.
 in construction business and having several lumber yards myself.
 will be working as chair of course and then
 I am, there are, not deficient.
 No one has discussed it. It's just wrong.
 So those are numbers that are added up between everybody who uses that field and a
 Is it interrupting the temperature inside the library right now? No, unless you're right at that window and you were to hold your hand up, then you could feel the temperature difference. It's not affecting the
 There's no evidence of delamination, blistering, some of the signs you see of it coming up and needing repairs.
 on the actual track oval.
 The coping joints have failed.
 I was kind of naive to the fact last year when there was some work done on the roof, I thought they were doing the whole roof.
 And we've also had some discussions with the utility companies in the area, the phone service providers, as to what our best options are.
 We do want to touch real briefly on one alternative.
 Motion to adjourn. I second.
 I'm not working properly from what I understand, maybe I misunderstand.
 I'm just going back to last time we did it.
 this happened.
 When they put the progress that was the first all rubber progress field together
 couldn't communicate with the teachers in the building.
 that water after it does rain and it's causing really premature deterioration of those mortar joints.
 Page four at the bottom shows a window completely separate from those library windows.
 Just a little brief history at McMurray.
 Staff did well, kids did well.
 It's slowly, I'm not sure what's under it, but the ground you can physically see. The day that we were out there it was snowing, raining a little bit.
 And I think that's a good thing.
 Of all wires, he got lucky and he picked the right one.
 elementary.
 There's other things on here, but that's a whole other point.
 And that's where they took out all the pyritic material.
 can see that bottom silt from the water compromising that gasketing of the glass. The water gets in behind that aluminum threshold.
 We can come back to this. I'll move into priority two here.
 Let's forget about extending the turf at this point. Let's just say we're going to
 be cheaper than turf? Not that much cheaper. You're going to replace it with something at this point. In my opinion, the D zones need to be replaced.
 These two layers are, I don't know how old that stadium is.
 not saying that everything needs to be done all at one time and that's good and
 So the units are in there and they're not on the in-house network system as far as monitoring them and temperature control. So that is something that needs to be
 Is that correct?
 The sport text will have a comparable system to what's up there. Yes, they have a slit facility
 Okay, jumping through here quick.
 I'm glad you're here.
 So this is what we would describe as a little more long term.
 Thank you.
 They are flat, which they need to be for the high jump.
 We're going to do that.
 All I want to say, I have no idea.
 And that's where you have your problems.
 lot. You'll see some of them, most of them have surface rust on them around the bottom of the poles, as well as there's some upgrading that needs to be taking place on some of the pole lights. Once again, it's not something
 This is an expensive.
 time you come across something like that, if you would email that to me.
 the board could ever end up.
 That's what we identified under priority two.
 doesn't have to be done. I just personally believe that's a safety issue.
 questions about the
 Until we get that completed you're gonna constantly have leaks and we we would like to solve that issue so that's something
 There's some unit vent wiring to network.
 I'm sure they're thermal pain for that matter, but that is something that we need to look at.
 It's really has matted down to the point that it doesn't look like a viable surface anymore. Even to try and groom it up and put an infill in to try and rejuvenate it, I don't think would be cost effective.
 under
 to cover it in ice. We're going to try to move this along as fast as I can.
 page 5, this is an upper north wall.
 bushes are in sad shape and the grass has not taken to my satisfaction.
 We don't have to talk about all that now, but I mean, everybody's doing it.
 Well, Dennis is a salesman so he's willing
 Now with new fields, with properly maintaining them, you're going 10 to 12 to 13 years in some schools with the new fields.
 So I apologize for that.
 Thank you.
 One of the big issues is are we going to try to expand on the present system or are we going to look to put in a whole new system? And that's where we're going to be bringing some cost estimates to the board.
 So it eventually worked its way down in the library.
 you use as far as a quantity, the price may go up a little bit more, correct?
 I don't think the exterior walls are affected by that condition.
 It just needs to be fine-tuned, and so does the staff that operates it.
 Putting enclosures on it
 during the end of summer whenever the volleyball team that was playing and You know, so it was very hot in there. So
 But the cracks are probably what's draining it right now.
 Any
 So the first false was 92 when that stadium was actually used for the first time.
 I think that we have some options to discuss over the next month or two for things that we do have coming up and that maybe we can have a valid list of things in time frame that we need to do this.
 He came from Mon Valley Hospital, dropped everything for me.
 And I know my group was in fact looking at that possibly as a jointure between the township and the school district, purchasing a piece of property that because according to the plan, they're gonna need about 110 extra acres in parks if the plan grows out for the 2000 students and the 10,000 additional people in the community.
 I think at this point, as you decided in the past, I think it's something you can just continue to monitor, be diligent about the situation there, and constantly keep your eyes open for different situations to develop. But it's not something that's going to occur overnight.
 Given that that's that's the condition you have there now
 Did I understand you to say that you were thinking about moving the pool vaulting on the outside of the track? No, just move them. If we moved the turf out six feet, we just would move those events six feet along with it.
 Phase one are more immediate issues.
 The maintenance department, director Ron Galt had two companies come out that day for the generator.
 may have to look at that that's gonna be one of the big issues is where do we actually put the thing so
 You have no proof of that.
 And then if we go outside, we have to have, we have to make sure we have a proper subgrade and we'd have to put in new stone base and new drainage, so yes.
 We did a fairly thorough booklet meant for discussion purposes, but I don't think, like you said, you want to maybe save some of this for later discussion due to the confidentiality of what we found as far as security in each building.
 with why this condition occurred, but it has.
 Also at that time, the board chose to take a path at that time to kind of just wait and see and monitor those findings.
 Last Thursday, first of all, I'm the civil engineer with HHSDR. I've done tracks and
 you'll notice just like if you go out and do emergency patching right now, you'll see the bright, you'll see this red and not the orangish red that you have out there now. So you will see a patch.
 The point of tonight was just to point these out to you and let you make a decision on how you budget when you approach the scope of work.
 But yeah, I mean, it could be a combination of things.
 Moving on, we're going to take a look at the weather.
 The availability of additional seating on the visitor side of the football stadium.
 And then of course we have time between football season and track, so that was the thought I tried to –
 Easy fix.
 The boosters and the swim club actually have both have made a commitment to contribute money to it.
 Matter of fact, I got a return call today and I was just playing phone tag with them.
 One of the slip film only came out about 10 years ago.
 not going to change the appearance of the building, but at least it's going to give a solid surface on the top that the water can't get down.
 and also the stack for the boiler room on the bottom picture there. It's difficult
 I think how I'd like to. We also had a gentleman, excuse me.
 One of the concerns that we have in the district, and we do an annual audit of safety of each building, and obviously, based on some of the events around the country, we've been
 We just replaced the roofs up there and all the flashings, all the coping.
 The other weeks they are on remote starters, exercise clocks.
 I think as we move along with that, there may be issues coming out of that that may impact what we need in our planning.
 So I guess I question whether we get it done this summer or are we looking for possibly doing it during school, forget the football here, or put it into next year.
 We did have a meeting with the vice president of Verizon, and technically, the way we bid our phone services, they are not our provider.
 If we were to just do the field first and do the track at a different time.
 Actually, I have Mr. Dennis O'Donnell working on some numbers just to get them together so we can look at them to see what this would offer us.
 this.
 Okay.
 is out of warranty now, right? Yes. Eight year warranty on the turf and
 THIS IS THE FIRST TIME I'VE HEARD OF ANY OF THIS AND AS SOON AS THEY'RE HOLDING THEIR HEARTS
 We've had a lot of games and I haven't seen one in the shape and the condition that we've gotten out of it that we have right now in our stadium.
 Regal 100 Keystone Court in Venetia.
 time we did this it was never brought up anything about the D zone that that needed to be done.
 It seems like there's along with it and you've probably redone it is looking at some of the emergency procedures that need to be looked at and revised if necessary.
 with a water issue, it's something you want to address as soon as possible.
 It was on
 So I understand why you were presenting these people, trying to get it done. You know their history, been in the business a long time, so I get that.
 So those athletes dead in the middle of their season could not swim in their own pool and actually had a home meet at Can-Am Mac, which they won. But just something that we need to take a look at.
 that we need to phase into this and do some planning because I'm anticipating the budget's going to be very tight again this year.
 wanted me to come out one day late last year and take a look at some of the water leaking in the library and also some windows that were leaking.
 the gutters and your transmission systems of your water for over the time. I don't know if it's acid rain, but the gutters and the downspouts have just rotted through and are leaking water. So probably at this time would be a good time to replace them. Lori.
 I told Brian we could certainly extend the turf to about five feet.
 experience those audits.
 And this is basically an informational meeting. This is not a voting meeting. So while these
 talking about the turf, you were saying the good news was the drainage is terrific and works well.
 answer your question. I haven't completely gone through that.
 feeding your building, only one came back.
 The glazing itself, the glass glazing, has a 20-year warranty, which would have just recently expired.
 We've had your recent round of reports back from the surveyor, and they were done in November of last year, 2012.
 But what's happened here is the stone coping around the perimeter of all the high walls around the roof.
 And this is all a product of that water getting into the top surface of that wall. And then just as it goes through those freeze-thaw cycles, it either pushes that water back out through the wall, or it sucks it in when it's raining and just causes the wall to deteriorate.
 These areas are probably in the most dire need of some kind of, in my opinion, they need to be taken out and redone completely.
 Just to give everybody a little quick scenario on that.
 all in all my summary is that I feel the black matting is in great shape it just needs a restructural spray which they recommend again that you do every five years I
 We wouldn't need that field until the first Friday in September.
 So we're going to pass out the revision.
 And we already talked about the turf on the field. The bus garage, right now they're using a portable pressure washer that causes somewhat of a cumbersome process where they have to fill it with fuel oil and drag it around.
 line striping also.
 And I'm just curious, I know you have some pricing here and you don't usually do that and that really does need to be discussed anyway in detail tonight, but I'm wondering when you think about putting new windows in there, do you think about windows that have any wood in them? I mean, would we use vinyl windows now? What are you thinking? I don't know if you did this or if someone did this price for you. No, what I was planning to do
 This is a safety issue as far as I'm concerned with football, field hockey, and soccer.
 Thank you.
 So we worked our best to try to keep things as operational as we could.
 district administration building. We have a rooftop air conditioning unit that Mr. Murray probably saw it put on.
 I don't know the reason they're not functional right now, but that's been a problem
 example, the hot water system, that was a recent.
 So now the staff is going to abide by the way he did the generators at Duquesne University where they're going to be testing them more often.
 Not the part that's over top of the mind. Welcome to Peter's Township.
 Correct.
 generator start.
 You have a 22-year-old, 21-year-old stadium.
 So if you're replacing it with asphalt and a track surface, or you're going to gut it out and put in the aggregate and the turf system, I think the cost to do one as opposed to the other, you're not going to find a whole lot of difference in that cost, since you're replacing it with something.
 Okay, so that's the four
 independent of the structure. The structure is sound there. It's
 It's not a maintenance item.
 And so I also feel that other people in this room have known about this before, and I did not. So.
 at this point is 20 years old. It's lasted two turfs.
 like to open up for public comment.
 It has a very flat tolerance for the event itself.
 That's one of the things that we're going to do, too.
 All right.
 Board members have any questions on that? Well basically yes this is really just for us to know that this has occurred,
 But I would like to know was this because maintenance wasn't being done these things then or
 So that's a summary, that's going back to the first page.
 There's plenty of room to relocate those field events and to extend the turf system to a more safer distance behind the end zone.
 that we're discovering.
 thank you for that I understand that. You're welcome.
 It must be done right away, but it's something that we need to look at in the future.
 And that some of those items, that's why some of those items there, they're not in.
 And then with the E layer being underneath and the possibility of having a layer of an asphalt underneath the E layer that's out there, I would recommend at this point to look at taking that skin off, seeing the condition of the E layer, more than likely getting rid of the E layer and the asphaltic layer under there, putting sand in its place, which will soften the system, which is a good thing to get for safety.
 Which one is it? Third item, underneath masonry repairs.
 And the McMurray one we actually went into detail already on.
 A lot of them leak.
 I think we should look at.
 We got the high end of this field right now.
 You'll check the oil, you'll check the battery, you'll check the antifreeze, you'll check the belts, and you'll start it. So that we can have a higher degree of response and assurability that these are going to work.
 I know that's stating the obvious, but I just thought I'd say it now.
 So they're working with us directly to try to resolve that and make FIAS available or some other new techniques.
 just so so collect your data on that
 to do the treading and just to show us what the numbers, the real numbers are.
 I think there's only about 60% of the grass that has taken good roots.
 with liberty and justice for all.
 So I'm.
 The generator fleet is a good fleet.
 We talked about or it was talked about a couple years ago, but it was never replaced
 Yeah, I just didn't know if this was if this was talked about or anything like that because I know that I was actually staying with Brian. Yeah, whenever because I was concerned about the doors being blocked open and the reason why there was nothing sucking that all the air out from all the people. I mean it was
 like to talk about next.
 All those exterior walls that you see from the outside, as well as the windows, they're on deep footings, and they go through that pyrite, and they're on caissons, basically, that go into bedrock.
 As soon as a large amount of water entered that wall and built up, it had to release somewhere.
 And it looks to me that we won't even lose any distance of the runways.
 have shared those with the board by the week of review and you'll be seeing some of those items for approval on the February agenda.
 It's nothing to be alarmed or concerned about.
 some reason on that side of the building and the openness of the space driving against that side of the building. Probably a slew of different things I could name, but.
 We can modify the terms of that, get some more money to address some of these.
 I didn't want to spend $2,000 on a maybe. I called another friend of mine who has proprietary rights to those generators.
 excuse me, Tom, being on that committee, that steering committee, some of the folks in the audience were with us the other day when we sat through the three days of process.
 And I think we probably would have to look at maybe even upping that 55 to maybe 60 to put in some drainage to make sure that whatever new system we put in there, that it drains properly.
 And I think what we'll be working on is putting a priority to this list, which I think the board is pretty clearly indicated, and then putting some numbers with that so that we can plan accordingly.
 So we just passed 20 years on it, just to get the time frame when it was.
 area.
 as they develop. You had borrowed money along with your work.
 As Dr. DiImperio said, we did do an evaluation of all the buildings.
 get in and out of on growth to like how that's all situated.
 That's an embarrassment and that's ridiculous.
 So I would say, plus there's stone base in the existing D areas that we're going to be able to reuse, if not keep in place.
 First one came out and said that he troubleshot it down to a start board that roughly would be around $2,000.
 rush to football season.
 go to attachment one.
 which should go to the top of the list is the district phone system which is at the current time maybe Vince will elaborate a little bit on that as far as our priorities with the phone system.
 Moving on to page 8, these are vertical masonry control joints.
 those even be due to some of the movement that we've had in that building due to the what we've about due to the pyrite or the movement of the building because it has shifted some over these couple years since you've been watching that it's been three
 votes.
 a matter of doing the entire track or do just doing lane one and 2. I would recommend that you do the entire track because there's a fade issue you'll
 So that was probably Prograss's first rendition of it.
 for that bullet? Yes.
 picture to make out there, but you can see the staining and the salts pushing out.
 for the district in this pursuit.
 really that simple.
 So that is something we may want to look at.
 What kind of time frame are we talking? First of all, I would recommend that's a good idea to go from inside to out.
 And he's more than willing to come and talk to the board also.
 and he is going to go to all of those units the first week of the month.
 I know that that the administration has met with the township planning group and going along with that so
 is done in a matter of three months.
 I just want to say that I'm not a fan of the fact that there's a lot of people who are in the public eye.
 So we're the first start with safety.
 It might have been one of the larger Hurricanes Sandy at the time, but there was water leaking along the wall in the library.
 also the gentleman that I invited, Dennis O'Donnell, who is currently with Nagel,
 I am here speaking only as a parent and a community member, no other role.
 So, you know, is something changed that it's not nearly as safe now as it was then, or what happened? And John, correct me, but I think the, you see a lot of cracks appearing. Maybe 10 years ago when you did it, you didn't have those cracks because the system was again 10 years newer than it is now.
 Absolutely.
 just collecting information.
 And I think that looking at the field that we have up top, you can tell the difference between the two fields. And I've seen a lot of turf fields.
 Good question. In the priority one, it looks like there's been seven windows in the library and two in the corridor.
 Okay, our next topic is gonna be McMurray Elementary.
 That's been down for 10 years.
 The roof itself is in good shape.
 I'm not sure about the other sports, but I do know that there could be an athlete that could cascade themselves over that turf area.
 That's how he reported them to me.
 keeping meats over there? Well, actually, it was because of the heat.
 They're going to come up with a whole bunch of money they're going to give to us this year.
 When they put the addition on Power Hill, apparently there's water that comes from the roof cable that actually comes back into the building. And once again, with
 I mean regular items it's not routine maintenance but if year to year I can think off the top of my head if we're looking at like having to replace a school bus and all that kind of stuff that's gonna come up in the general capital improvement budget right
 I understand your excitement there.
 This is a different area on the bus side on the bus garage side of the building.
 I have a feeling this isn't the glazing. This is the actual window construction holding the glazing in place. That was a 10-year warranty.
 And basically the findings are pretty much the same as what we've expected. In general, in the same areas that have been suspect in the previous reports.
 And by the good wit of our maintenance staff, they went and turned the power off. Otherwise,
 talking to Verizon about the Fios to try and get that service provided to the high school and P.E. elementary so we won't have to pay for it.
 brought the safety issue up two years ago in Nina's walkthrough when I was buildings and grounds chair and we went to every facility in the district.
 I just wanted to make sure I took appropriate notes.
 It's not designed to operate classes and continue business as usual.
 Bye.
 And there was a suggestion made to have a stationary one that is a natural gas and it's mounted to the wall instead of being dragged around and beat up.
 with graduation being the first Friday in June.
 that's ongoing still unfortunately. We're trying to wrap that up.
 But I think most of that can be taken care of with maybe milling off some asphalt, putting additional asphalt, and then putting a patch of this system on top.
 Again, it's nothing that is a hazard.
 You have large cracks that probably the largest ones about an inch and a half.
 Thank you.
 You know, this occurred 10.30 in the morning and we had concerns about dismissing 1,500 students from the building that early in the day.
 Otherwise it just creates more and more problems down the road.
 units up there.
 I know Brian, one of the first things I noticed out there, and Brian concurs with me, is that there's only four feet of turf from the back line of each end zone to the hard surface.
 divide by 8 we could figure out for ourselves how much it would cost to do lane 1 and 2 or does it differ?
 would you replace them with is an all aluminum type window.
 As I've pointed out in the past, it's not related to the structure of the building, it's all entirely
 gasketing on those windows has failed.
 One other thing about extending the turf system.
 of the building.
 Would that cost more or less to move that out there? You're just going to, what are you going to, what are you proposing to do to the existing D zones if you move the events out? I don't know, it's the options. I mean, grass would be the cheapest, but it would be hard to maintenance it over the other surfaces.
 That's where I'm starting first at.
 starting to show wear, especially in those D areas. And there's some significant cracking going on in the D areas.
 These are kind of like things around the district and two things have to happen to get cost estimates but also to identify a priority with this particular list.
 there and saw the control cabinet stuffed filled with nuts and grass. So to answer your question, right now from my understanding, Mr. Gold is going ahead and instilling some of his maintenance procedures.
 and the only area that was really for that size of a property would be down there along Bebo.
 So we had an independent consultant come in from Cleveland. He's with the International Masonry Institute.
 Again, I think these, I'm pretty sure that both these D-zones have the original substrates that have been down for, again, 25 years.
 The
 we took out the loan for PD, we could have taken out more money, addressed a whole heck of a lot of this stuff.
 for at least two years, yes?
 pre-approved by the state? Correct.
 It looked like there was air handlers there.
 truck we talked about a truck box delivery truck we've talked about school buses.
 when you have interior rooms in the basement where there are no windows.
 it would be more money to move everything outside, because you have to do something to the D zones, just because of the cracks and the drainage infiltration that's occurring right now.
 public discussion.
 all of our games practices and again we're splitting teams between the PV field and in the stadium.
 In general, yes, about 50 windows.
 as mentioned before, I think phase one was addressing some immediate needs at each of the schools and
 Thank you.
 kind of stuck with the two that are offering the cooperative. They also do a
 If they're smart, it just changed.
 I mean, right now we're very contingent on the technology.
 Again, there is no drainage per se inside of them. They're ponding.
 that they have for us is continued population growth in terms of not only residents but also student populations. Will we need to expand on facilities? Will we need to build a new facility? So those are questions that also as future years come the district will have to consider.
 We've also included our architect, H H H H S D R. And we did a complete tour of the facility. Um,
 staining there and the mortar and the brick faces cracking.
 This system here is essentially what you have down here.
 The D zones, for those of you who don't know, are the little, they're called D zones because they're shaped like a D.
 That's a typical detail that's commonplace in practice.
 All of these items were listed by the maintenance. Ron Galt actually put input on this.
 back of the building next to the gymnasium wing and next to the center classroom wing. There's an open courtyard area there where the wings stick out and it's facing the back hillside here.
 But that's something obviously we can look at.
 It's that middle seam of the building that is really being shifted.
 picture on page three you can see how the aluminum trim is pushed away because the wood behind it is swell.
 Thank you.
 $25,000 to do the whole thing.
 And again, that's been down for 10 years.
 So be it, but at least we're here to make an attempt just to get it on your radar.
 And I want you to think ahead and plan, as Mr. McMurray said, I appreciated that, plan for the future.
 It will operate the generators.
 Right.
 So I think some of these things have been coming, and because we were frugal, we kept pushing stuff off.
 there's more units that need to be replaced. So basically 80%
 Thank you, sir.
 review the current needs of the school district facilities.
 best course of action at this point and not knowing exactly where the water's coming in at.
 hard one area, soft the other area.
 Well, I think the good
 We'll start off with the high school.
 And I think I had a discussion with Matt, I wanted to bring.
 I mean, the runways, you'd have track surface on them.
 So just as far as your decision making, working back to that, we'd have to prepare documents, the scope of work to get a contractor on board during those periods of time.
 And every six to seven years, you should have a restructural spray on it to help keep its life, its service life longer, kind of like seal coating on an asphalt parking lot.
 There's been some conditions there, like those copings we're talking about. It's very unusual for a stone coping to be placed on top of a wall without some type of flashing underneath there.
 This is a freestanding wall at the dumpster area.
 I do want you to know that we've been doing inspect inspections of each building in the district.
 Primarily yes.
 And he's been very heavily involved with the fields at Pleasant Valley.
 Now there's 20, almost 23,000.
 Was that a maintenance issue or do we need to upgrade the generating system for the emergencies in the buildings? That was actually a maintenance issue there.
 that with the weather and all the other variables, it was squeezed to get in in order to get football going.
 been thrown out and it could seriously, severely impact what our planning would be.
 to return at this point? No, but it's
 the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the- the-
 Yes, yes, that's
 We work as a team. Does anybody have any
 an area possibly identified where a school could actually be without having to go in and going through. But would we have to build in Venetia? We have land in Elm Grove.
 I know I have people willing to help with projects in the district, more so scoreboards than anything. But I don't think we've got to that point yet.
 I can check with that to make sure, but since it's all resurfacing, it's a maintenance project.
 It's got about 9 millimeters of the black matting and then
 Obviously, we're not going to at this point discuss the details of the safety measures we're taking because there is an element of confidentiality in some of the issues that we're addressing.
 Getting a little closer look, turn the page to six.
 Then on the last page, we did some investigative work to see why this water was actually getting down into the library.
 There was no evidence of any kind of drainage issues on the turf.
 I think that's just a combination of the weather and it being hit by the weather and
 But I was like, okay, then why don't we do the high school field before we did the BBU deal? But I wasn't on the board then, so.
 that up in the end.
 can all be on a centralized phone system.
 You have your surveyor come in, shoot the points, and then I kind of review them and share them with the administration on what the next step would be.
 So he actually designed these walls to, if they do get water into them, there's a way for it to escape.
 into the substrate which hasn't affected the TIR system or the TRAC system but
 And it just falls in with what our prior discussion, if there's anything that we need to have for capital, if we do need to upgrade some generators, it would be good to at least have that on the list to be looked at.
 system, which is the system, and that's an all rubber system. And they have a system very similar to that.
 Yeah.
 I agree with you totally.
 about the field, what disturbs me about the field is just that being a new board member, I didn't realize how needy our turf was at the high school.
 This is enough.
 to use it 15 times that year.
 I certainly understand when you work with somebody, you just feel they're the best.
 and bring that information to the board with Mr. Galt, especially in this next month. Because as Mr. McMurray points out, and Mr. Balesek, I'm sure you'll be involved in it too.
 There are issues that were not life safety issues when they were designed years ago that now I want to bring it up to grade.
 I'm sorry. I'm not sure I'm aware of the cost of these items.
 Well, there's seven in that first phase and
 And obviously each option has a different threshold of cost to try to address the need.
 So that's a question we can ask later.
 And in fact,
 We have been experiencing some outages due to the underground lines out in front of the high school.
 There is no ponding. We were out there in a fairly good rain. It had rained
 If you see the bottom picture there, those are joints that are cocked on top of the wall, holding the two stone pieces together.
 Any other questions?
 The good news is that your rubber matting underneath is in fine shape.
 This is in the courtyard.
 The last time I think I was here, we talked about the pyrite issues at McMurray and some of the expansive soils that have been moving under there.
 a dry day, so it's actually holding.
 I'm afraid you're thinking by doing it. You weren't thinking about it this summer or what are you thinking? We have the time to do it this summer. If we get it, if we can get it through.
 And ironically, I had a generator contractor in my office at 10 o'clock that morning talking about a potential contract maintenance.
 If we make the investment to do this this year, you won't be replacing a turf field for 10 years.
 the power went out to the high school. My understanding is the administrators couldn't even communicate with one another. They
 Thank you.
 But the point is, I would just like to agree with Mr. Dunleavy that of all the things on this attachment one, the district phone system ought to jump to the top.
 This was another finding that we noticed. Going back to my initial introduction here with John, when he brought me out there that day, we had found that there was a driving storm.
 replace the turf as it is.
 On the back side of the building is where they did the most amount of cut to construct the building.
 Look on page three, this is an up close of that library.
 chewed that squirrel or rodent or chipmunk chewed through the start wire of the
 This is projecting into the future.
 before either.
 And we actually got through most of the day, which was kind of a goal.
 was pretty much underwater.
 And obviously, that decision is your decision.
 were worn out and the control wiring was never completed.
 I understand that there's a problem with the vents we have on those on the roof in the gym is
 vortex
 Thank you.
 probably 25 years old since the last system's been down.
 And thank you very much for that.
 And you replace that with some of the track surfacing at that point. Yes.
 on those decisions, but I understand what your thought is. Thank you.
 There's some issues with the outdoor light poles. If you drive through the park and
 This is a very good question.
 can tail off into early fall.
 questions on the pyrite? No. Okay then we'll move on and talk about. Okay. Excuse me I don't have
 Those are the masonry repairs and the first set of items there.
 You could just look at replacing everything in kind out there as it is now, if that would be the preference of the school district.
 two that the ones in the library are larger and the two that are in the corridor are just small, smaller openings.
 have all come up with and then for further discussion in one of your future meetings or something.
 The front of the building is where they put a lot of fill, so there's a lot of overburden.
 or it wasn't that amazing.
 I know. It's the first time I've heard of it too.
 I think if we do this, our field, there is soft spots.
 Getting back to your question.
 Name and address please. Okay. I'm Lisa Brady
 So they were getting lights into the buildings. And things, you know, under the condition that we were under, things went fairly well, understanding that it was a difficult situation.
 It was just basically a briefing of the update of the report that you usually get.
 half the trees have died.
 I'd like you all to try to limit the time on each topic that you want to talk about.
 This is like facing the bus garage to get your bearings.
 operational but we're going through some learning pains.
 Thank you.
 Yeah.
 We've talked a little bit about corporate sponsorship and all sorts of things.
 You're going one step.
 That's nice.
 So that is just, once again, it's something else that doesn't have to be replaced right away, but it's something that in the near future we may want to look at.
 This project really does bow well for what they call a keystone purchasing network where you can actually go through this networking, save a little bit of money, but mostly you save time.
 The good news there, as well as with the track itself, is they both drain great. There is no ponding on
 as well. Instead of just pushing more caulking into that at this time, I think the best course of action is to put a continuous metal top over top of that stone. It's not
 entire space.
 like we've been saying that so much has to be in the next couple of years so we can see what do we need to do, is there things that we need to address sooner than later, is there something since the market's still acceptable to take out a bond,
 I'm not counting the physical education classes.
 John, would you like to give us an explanation of how you plan on testing those? Yeah, this was a difficult day last Tuesday when we had a major power failure, utility lines down, and the generator did not start.
 school now.
 the track? You've moved the pole vaulting on the other side of that track. That would be an independent system out there which would not then in the future potentially affect the football field. Correct.
 Yes.
 You would still have a little bit of interference with one of the sand pits.
 seems like the areas that are affected, those areas are continuing to move.
 know what could have been done to prevent that.
 So, thank you.
 Just doing two lanes will be a little more than linear because you've got the administrative costs you're going to have. Right.
 Not to mention, what are they, 30 years old?
 But it had been so long in all of them, it's always good to look at.
 options.
 But there was no air conditioning, correct? It is not.
 We knew it was coming out of warranty and every year we were given information that let's stretch it out one more year.
 can see that the caulking has failed and that it's letting water into these locations as well.
 Our next speaker will be Mr. John Carley.
 I say you can do it every six or seven years on your system and your life.
 I would say then that that would probably, that could be done in a month.
 Moving along, we have the auditorium overhead house lights, fixtures, and controller. I guess last year we bought some LEDs and started putting them in the auditorium in order to make the longevity of the lights last longer.
 There's actually a revision.
 I think there's a few options out there.
 Why would you say that?
 it'll be cheaper to leave them and fix them inside the D-Zones.
 So their margin of donation, I don't think is all that great.
 So what they did find was the January did not start.
 The sewer system out there, I believe, was put down 10 years ago, along with the turf system.
 We don't frequently specify these windows, and we weren't the architect here just to preface that, but it's very uncommon that that would even happen with this window. I'm not sure.
 And then they measure the change in difference at those different points.
 Yeah, we've been
 strange that there was this water coming in. Upon further evaluation on a drier day, looking at the outside walls of the upper part of the buildings, the walls are very wet.
 We know if they're all the same manufacturer or we don't know that. They are. They are. Yeah, they're original to the building.
 Last Thursday, Mr. Gauth and Brian Geiger and myself went out to the stadium to actually do an evaluation of the existing conditions of the stadium.
 Charlie, what type of window are we talking as far as to remove the existing field and install a new one? Are we talking two months, three months? What kind of duration would that field be out of service? If we did all three phases of the work, meaning the track surfaces, the turf surface, and the D zones, I would consider that to be about a three and a half month project. Three and a half months.
 That's what my students came home and told me, my kids.
 eliminates that three-week bidding period and the award period actually
 That's fine, but at least once a month, if not more, they will be physically looked at.
 one. I think so, yes.
 We're provided through Earthlink and we get Verizon services.
 just created these ponding areas where water is just laying on the ground surface and saturating the ground.
 swimming pool scoreboard. It malfunctioned during the season this year.
 This is the same with the structural spray on a track system of this kind.
 That 10-year-old turf system, to me, looks like it's about 17 years old.
 design problem, a construction problem, or a material problem? Well, that's a good question.
 This season we lost the heater for the swimming pool for 12 days.
 And we've got some money there and we haven't even gotten into costing some of these that are, the phone system's probably gonna pop up as a priority also.
 Thank you for that.
 Underneath the priority two, when it says masonry repairs, the one that's next to the bottom. Remove, reinstall new through-wall counter flashing on north side of building.
 be able to get six feet additional turf area behind those end zones, which would make it a safer situation for all the athletes and the users of the facility.
 As far as the actual skin itself, the pro grass, it looks like that was a slit film.
 The first thing that John handed out there was a list of priorities that we've established. And this was initiated by Mr. Mejia.
 Same thing with page four, you can see on the upper part of that trim on that bottom window, the gaskening is pushed out of it.
 $100 a window at seven. They're a little cheaper than
 I don't want to steal any of your thunder, but we did talk about phasing this project as well.
 There's a little bit of a rumor going around that there is a half million dollar expenditure on athletics going on. And that's partially why the rumor got me here. But I'm also here because I do want you to plan ahead.
 and we're
 I thought we were talking about the maintenance of buildings tonight.
 We had to stop games in the middle of games to replace areas of turf that have lifted up.
 They will go ahead.
 fields for about 15 years.
 evaluation there are some repairs that would need to be done but I think if you just go out and have a restructural spray on top of the existing surface they may have to come and put some filler in in some locations particularly the javelin runway which is underwater it has some gradient
 that this continues, it's only going to get worse and become more costly once you do finally address it.
 I think so.
 That's not something we're going to move forward on.
 We had issues with PV.
 can see high and low spots in those areas.
 And that could get the price close to where these folks are at.
 and what they call a single phase condition.
 gentlemen are here. We want to.
 So that's only under the turf.
 We did some investigation on the warranty that was in place probably when it was constructed.
 So tonight, just real briefly to touch on that.
 fix the cracks.
 There's some chunking going on in there as well, where it's actually pulling apart.
 The issue with McMurray.
 True, I heard that.
 So they're looking at it also from purchasing a large track of land for additional parks in the community.
 heard about first time I've heard of it that there is on all of it there's a safety concern as far as I'm concerned.
 a real hazard.
 for whatever reason that's on a weathered side of the building.
 I think, though, that the drainage we can minimize, I think we could put in a few bleeder drains and just slope the stone itself in that six-foot area, that we wouldn't have to incur a lot of cost if we wanted to extend that, the turf.
 Any questions on the track surface? An eight lane track typically would be I would say around 50 to 55,000 to do the structural recoding of the spraying and that would include the
 two separate issues.
 I don't think any of us expected it to be on this list. I mean we didn't know.
 And as we saw, one problem, another one turned up.
 How many years has this unit been on top? That thing was like a jet engine for so long.
 functional or you're just you don't know what I'm not sure or not there
 It's localized to the floor slab and anything that's constructed off of that first floor slab.
 That's what's down in priority three, summer 2014 or later.
 you look at it yourself. It may be a little confusing.
 way they were set up there I you know we had them in and we misread them.
 do that and make that happen in a foreseeable future.
 I mean it may have been on its last leg, but it recently became unfunctional. Well, you're going to have those every year.
 That's enough. That's my opinion.
 We're talking about the same one. That's not real. Well, I know, but whenever that's the only game in town, as far as that size of property, that's the problem with it.
 I do. Mr. Guy.
 What capital expenditures do we have? We did walk-throughs a couple years.
 I don't know if you all realized how needy the high school field was before mine was put into the PV field.
 No, but there is some price breaks on that too, right? Well, correct. I don't want to be repetitive, but in my husband's companies in his building supply yards, we have buying groups, and it can save you a lot of money as well as time. Oh, absolutely.
 And then you can actually see the through wall flashing, it's that copper color.
 My recommendation on these would be to take out what's there and either come back with an asphalt surface or more preferably for safety reasons come back with an asphalt surface with a track system on top of it.
 that seam right through the middle where it was closest to the cut, not enough was removed, and that's what has become expansive.
 aluminum windows similar to these here.
 and flexibility obviously with the PV to move other sports up there temporarily.
 There's a storm water drainage issue on the back of it.
 sure they're not heaters opposed to being cooling during the summer. There is no air conditioning in the right.
 There was some paperwork, final paperwork, mainly with the conservation district that required an as-built that I finally had issued to me.
 are at your triple jump, your high jump, and your pole vault.
 Sometimes it is, sometimes it isn't. But when I go out in the field, it doesn't look like it's really installed anywhere.
 I think what you're going to see is there are going to be some immediate things done in the district to improve security and we're also
 Is that still facing the bus garage or is that in a different direction? This is facing the bus garage. All these walls, yes.
 is talk about it in three different aspects, my evaluation.
 It's approximately about a quarter of an inch more.
 school field right in front of the high school not both PV and the high school. That's just the stadium.
 The downside to that is you're stuck with the two manufacturers.
 mentioned the meeting that we had with the Vice President of Verizon. Last one.
 Because when those were sized to high school 10 years ago, I'm sure you didn't have the technology that you had in the building. But again, an emergency generator has one function in a building of this nature and institution.
 So in the planning with that group, there needs to be consideration as the expansion is all towards the Venetia area.
 warps, it's got undulations in it, it's
 Okay.
 That cost there is to replace those windows for
 So before we move on to like the middle school, McMurray, does anybody have any questions of those particular items? Will we see all of these items on the estimate for the capital expenditure budget, Tom, in your finance meetings?
 So that's kind of a substantial little project that has to take place up at Pleasant Valley.
 The room inside of the gym got very hot.
 discussion.
 I've gotten here.
 safety issues.
 So it was the perfect storm.
 I have these students to map.
 they said they're planning 2,000 additional students in the next 10 to 15 years.
 I think we can do this.
 it's still mostly on the one in the one area that's not the whole floor right it's mostly just that one side still correct the
 and just basically soaks that wood until it rots.
 And do you have a cost for those? These are all estimates, but I would say to do each E zone, D zone, would be about, I think it was 53, I'm going to say 55 to do each one, 55,000. 110,000 to do both. That's correct.
 Unless we just start adjusting again, you know, that's the problem
 Thank you.
 extending it because the curb work is what takes some time there.
 through the entire planning.
 Yes.
 So it leads me to believe that it might be something related to the process of fabricating the windows at some point. But whatever it is, that's the condition that exists there.
 And just to start off, I don't know how familiar everybody is with John, but John, he was an engineer in our office.
 bit of the history of that. So he's very well.
 It's outside work, so it could occur while students are inside of the building.
 There certainly are a few areas that do need some full depth repairs, but all in all, the rubber matting is in good shape.
 There's also a fuel tank that has a screen wall around it as well that looks very similar to this.
 actually many water leaks in the high school. I was
 Some of the discussions with the utility companies in the area have been very productive.
 I think we got $750 from the booster group, which is a very cash-tight group, just like all the booster groups are.
 they will be in conflict with how far we feel we should go back with the turf.
 He was supposed to be there.
 I didn't think this was something new.
 So it's just a matter of dealing with the issue of the E-layer and the surface of the turf system.
 the mortar get wet and seeping into the wall.
 As you will see, Lane 1 and 2 will be more brighter than the other lanes.
 And then it has, it's about 13 inches thick.
 in a similar condition, deteriorating to a point where they'll all be like this.
 Thank you.
 And then on the bottom of page six, you can see the wet joints. There's actually mildew inside, making those joints black on the outside of the building.
 I don't know if that has changed.
 years in all the buildings sized appropriately. We've had high school for a long, it's been several years since the renovation.
 We have buses, but is it property we own or property that we have to go buy that now people know we need it, the price is going to go up. Exactly.
 Actually, they have a picture of it. I actually saw it.
 I know there's a school district.
 don't have actually have a general contractor overseeing them which then again I would recommend that we oversee them so they don't police themselves but it does help in time as far as getting purchases getting deliveries the design and this since this project really we're not changing anything that is going to involve any permitting I do
 40 or 50 in the remainder of the building.
 Mister Francis distributing the booklets remember this is phase 2 phase
 If you look at the first photograph there, it kind of describes to you, shows you where we're at on the building. These are the seven windows that are in front of the building facing the parking lot. This is the upper library.
 So, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so, so,
 And he got up there and he tore into it and looked at it from a different perspective than the first technician.
 Again, some of those are duplicates.
 Will you be working on that? Yes, we will.
 working on that to ensure that that happens.
 could probably tell you a little bit more about it.
 disturbing that we didn't get the appropriate information we should have.
 Thank you.
 If anybody has any questions about the pyrite, as I said, I think it's something you want to monitor. And I'm sure that Mr. Galt has full control of this and knows what to look for.
 It was put on by Progress.
 any droppings from the mortar when they laid the brick up could have easily nicked it or what have you.
 showing signs of blistering, decay.
 a lot of planning done to start literally the day after graduation.
 Again, as John said, that was the initial version.
 Do you need to change the film? Okay, cool.
 know four or five thousand every ten years so.
 were using them.
 Just as a side note, aside from those windows, I wanted to take a look at the rest of the windows inside the building as well.
 I think he's also going to be here for the discussion later about the athletic complex.
 above on the top picture there.
 Ron and give him an example of a spec that he could you could put out and Vince you just put advertise yourselves or get quotes on to get those addressed but then if you replace the windows later that would be a larger scope you probably want to follow
 What my evaluation showed is it's showing somewhat normal where particularly in lanes one and two which are the lanes that are used the most there
 Last summer, we put some unit ventilators.
 $10,000 we cut in our bond refinancing isn't going to last long between windows.
 have areas in the roof that have not been done and that need to be done.
 Okay.
 And under that E layer, we suspect, and hopefully we're gonna get some courts done to verify that there's probably an asphaltic layer under that too.
 So it gives us some options on when things have to be done.
 needs to be addressed. And that was actually phase one.
 I know nothing of that.
 for the next step what may occur and when. Basically all these items we've talked about and other ones that may come up won't be brought forward in the budget process.
 The things that we have planned was the items that I gave the board a couple weeks ago. You're right.
 and we don't know what type of road was.
 I didn't say other people know about it. Well, you know, there just seemed to be some strategically placed questions that had magically come up. Oh, for goodness sake.
 kids get to the high school that can't support what we have now.
 See mortar coming out of a building exactly. I mean really I think that
 D zones too.
 Whenever we do it, eventually you're going to have to do it, just based off of the age of the system.
 probably talking about 400,000 to do that work.
 If you recall our discussions at one time the way that building was constructed There was a lot of cut and there was a lot of fill on there. And if you look at the topography
 These are areas that are failing.
 That's right.
 Sometimes you need to keep your opinions to yourself.
 So, but that is an issue that we've been, and that's one of the issues I had brought up to the board about why we have to meet with the council because there are issues that they're trying to see down the future that is going to affect us in so many ways.
 between
 the dump truck. No, that's okay.
 So I want to see a light in every one of those rooms and we can do that.
 Sorry.
 And then what you'll find here with further explanation later is the next step you would want to take a look at.
 upper floors are completely safe. Um, as is the first floor.
 wasn't disturbed.
 It's very similar to what we did over at your middle school in 08.
 colored on the bottom picture that would let the water, any water that would get into the wall, it would let it drain out through the bottom of the wall.
 Those are the three areas that I evaluate as far as concerns.
 look at too.
 I guess that would bring up where I'm sitting here listening and the people that this is directed at aren't here anymore. But we have gone every budget season, we've said,
 Knowing how much money we put into the PV field, I'm sorry.
 behind the goal line and the oval.
 It's shown that way sometimes on the design documents that this building was constructed from.
 reviewing it currently. So we should be able to wrap up the paperwork.
 Well, keep in mind, extending that turf back six feet, we have to address the pole vault and one of the long jump runways.
 I'm not sure that's a good thing. I think it's a good thing. I think it's a good thing. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank
 I'm not sure if they're heaters.
 I mean, that is who we're talking to.
 It's designed to operate, start, and provide life safety, exercise lights for people to move and to congregate and possibly leave.
 All right, there needs to be.
 I'm just talking about what I know from our sports internally, from rec sports who also use the field on a permanent basis.
 So there is no real permitting or submittals that we would need to do so we could get this on a faster track if we at least explored the purchasing network.
 familiar with the existing, the original system, turf system that was down at the stadium.
 It's still moving in those areas too.
 going to be involved in some long-range planning to improve security around the school district building by building.
 Looking at page 7.
 Bower Hill has a roof gable leak.
 And so the people were forcing the doors open so they get some ventilation.
 If you have anything that you think we want to go into as far as a capital expenditure, since we are going to be going into the budget process, now would be a good time to bring it forward.
 Yeah, actually it's a wonderful facility they have there.
 That E layer is saturated at this point, it's showing.
 don't have that vinyl covering on that always ends up flopping in the wind anyway.
 What we found was some of the windows in the existing building are leaking air and water. The most significant areas are in the library. I've identified that as priority one here.
 No, the D zones, we haven't addressed that.
 The front of the building is okay and the back of the building is okay.
 And then the window has failed at that point.
 But as Mr. Donleavy said, I've instituted today, I've met with my staff, there are new procedures in place.
 Yeah. What was the question? How many student athletes use the field?
 We're in this planning committee meeting right that includes everybody right in the meeting you have counsel there and well
 hired a new machine to come up and comb the synthetic grass.
 part of it been underwater. The one part that he mentioned was underwater.
 Well, and that goes back to some of the things Ron alluded to.
 And although it's not as severe, I just wanted to point out that you can still see that gasketing failing along that trim line of the bottom of that window again.
 John's passing out a handout that summarizes some of the priorities we identified at McMurray.
 He's also formally been with Turf Systems last AT&T, which was a formerly Southwest track or Turf Surfaces, who was the first system you had down at the stadium prior to the ProGras system that was put down 10 years ago.
 process bidding much less how we're going to pay for this. I don't see how you're ever going to get
 Brian, did you want to add anything? Looking at our terms, we put the TV deal in last year. Brian, you probably need to be at a mic. Stay with you.
 you're talking about four buildings.
 That's a good point.
 number one. To do that turf system, that could be without extending it? I would say with extending it.
 And I think it was 1,500 from the swim club.
 spring. Yes.
 And we look at the roof over the main gym and the science wing.
 one of the engineers and see what we have and what is our best way to go.
 This is also one of a few conditions that happens over by that dumpster area.
 It won't be, it shouldn't be that disruptive.
 It's a 20 year system, UGI, telephone.
 With the striping, you can do it so that you have the actual lane striping right at the difference between the old and the new.
 system, which is a high ticket item underneath the turf, looks to be operating terrifically.
 For whatever reason, the mortar that was used maybe was a soft mortar compared to the brick and it's just letting it in the water.
 It would have been nice to get another couple years out of it.
 That's why I just questioned the devil.
 another guy come in and he troubleshotted further and said, yeah, it was a starboard, but there actually was a rodent that actually lived in it.
 Thank you, Mr. Geier.
 This is a purchasing program that again kind of cuts out some of the overhead.
 That may have been the phone call.
 And there's been changes with what's being part.
 and none of the diseases.
 Just real briefly, I know this wasn't a main topic tonight.
 water is getting inside of that face of that wall and pushing the salts from the mortar out. You can see some white
 This black portion at the bottom is a rubber base sheet.
 And
 the time for us to know about whatever we need to know about so we can get it into the budget process we
 For instance, some emergency lighting in classrooms without windows.
 What can happen in a public venue?
 and there was a woven inside of the control board was a nest.
 know if there's 20 kids on the freshman soccer team.
 These are
 I think there was a...
 With that, I think I'm just going to pass this booklet out and then you guys can think about it a little bit until we get together again.
 and they're overlapped every eight feet as well.
 The one area, the one side, I think it's the north side, is a complete track surface on top. The other side, other than the pole vault, I believe, it's just a painted asphalt surface.
 The information that John Carley handed out here with all the photos of what looks like some damage, that has nothing to do with the pyrite, does it? Is that a second topic? That's a second topic, yeah.
 We have again a 10 year system there.
 So to me it's very
 you
 I've only dealt with a purchasing network once before on a project.
 you could even do internally as far as bidding out on your own and getting quotes on because of the dollar amount associated with it.
 if you have any questions with that, John can answer that.
 I mean, you've gone like one step farther.
 So there's a big difference just in those years, but it didn't go up 10,000 in 10 years. It went up, you know,
 And they do.
 And even then with all
 Estimated use was 8 to 10 years.
 Because of budget regions, it's broken up into different sections.
 And we want to go away from that and do something that is more permanent, looking at files, maybe some use of the internet to change the phone system to a more acceptable use.
 We replaced some existing unit ventilators. They needed to be replaced.
 I'm gonna bring this.
 that same protocol.
 There is some deterioration, almost complete deterioration of the structural spray.
 Once that joint has failed, the water actually gets down inside that face of that wall, and then when it freezes and thaws, it just blows those faces of those bricks off, and that's what you're seeing above.
 That's considered like a longer distance of phase two.
 want as far as putting the units in. There's a phase two.
 Mr. Gault, are you aware of that issue at all? Mr. Gault is a new employee and actually we're kind of all going through this together. There's many issues.
 I'd like to go up to the first item where we had an objective.
 Originally there was a southwest system on there when the Progress came and took off the old system and put on this new system, they lift in what we call an e-layer.
 the report.
 of the site, you can actually see the profile of how they carved out the hillside to place the building there.
 There's also two windows on the upper corridor at the second floor that also have this condition.
 We are looking at probably $400,000 to get rid of the old, get rid of the E-layer, put in two inches of sand in place of that E-layer, and then putting down a new synthetic turf with the infill.
 been patched for years, but I think the asphalt needs to be replaced in that area just to re-stabilize it.
 I think that we were just brought here to explain the issue that we have.
 suspect somebody that liked walnuts because the walnuts were all throughout the unit.
 Sue, Sue, Sue, that's crazy. We've never, Sue, Sue, not at this meeting.
 So that's what, you know, he said.
 That's inexcusable.
 The items I did not have photos of was also the metal roof.
 two years ago when Dr. Zeddy did the walkthrough of all the facilities, that was an item that was raised at that point because you run off the end of the field and the surface is so slick like concrete that if you're wearing cleats or something, you run off the end of the turf, you go flying across the hard surface at the end.
 If you're thinking about jumping into any of these projects, just looking ahead, this is probably work that you want to plan for summer.
 Thank you.
 So that was a noble effort on their part to try to help us resolve that problem.
 We're talking some big bucks in here.
 company to do this under the network is FieldTurf? FieldTurf and Nagel. Track surfacing.
 and people patiently waiting through the whole meeting.
 And police and fire were on hand, and they had portable generators.
 I mean, all of these, yeah.
 So Mr. Geyer, Mr. Carley, I really appreciate all the work and time you've put into it. But I have to say personally, there are so many other capital improvement projects that I would rather see before this happened.
 There are hard spots and it's more related to E layer broken down.
 Yes, I guess again, I'll say that when we get into budget, I think we should have a bit of a plan like
 over top of the pyrite that was still buried so it's safe it wasn't
 sizes too you can see on that page.
 you what you
 But obviously that's something that we can at least put out there and see what we can get.
 more expertly about this system.
 I'm learning what my staff has the capabilities of doing and what they don't have.
 Anyone else? Okay.
 I think of all the safety issues we've discussed here tonight, I think the phone system is the biggest safety issue.
 We're going to bounce around the agenda a little bit because of the inclement weather. We want to get right to safety and then let our friends from HHSDR do their presentation to get on their way.
 And then on bottom of page five, as we get closer to the wall, you can see how some of the mortar joints are wet. And this was actually a
 I think the last time I was here was back in January of last year.
 items outstanding on the site are mostly the landscaping,
 Thank you, Mr. Frantz.
 and then look at putting a new skin on top of it.
 mention that stone coping that has been compromised and the head joints of that stone are leaking water down into the wall.
 cost on it.
 Classroom windows are original in that building.
 as far as the design is concerned. They would need some drawing layout that can show them quantities, but it comes actually through an agency out in Eugene, Oregon, who they buddy up, in this case, with Nagel Track Surfacing and Field Turf, who are two of the most outstanding manufacturers in the field of turf and track.
 It's not drastic.
 It almost seems like it's a combination of the manufacturing of the window and a combination of the weather, just the harsh conditions on it for some reason.
 The runways could all stay the same length that they are.
 outside of the track, then any, I mean, any future potential then would be eliminated. Is that correct? Near the track itself.
 Any questions for the gentleman? No, but I don't have any questions, but I do have something I'd like to say to Mr. Carley.
 haven't completed our last bond issue maybe there's
 I'm not counting anybody from the community who just shows up and uses the field on their own.
 What we found as Mr. Dunleavy said we had two generator mechanics come in.
 you know, getting in and out and all that congestion.
 Some of it, for example, talk about the high school field turf.
 I'm sure that's on your list of things to make sure.
 when I was here in 2008.
 There's air handlers in the gym. There's
 I would suggest to continue that.
 Fair enough, I think.
 Reasonable Visibly on that one area. Where was that in the corner at the back? But I think that yeah the back door. Yeah that corridor significantly moving
 An attachment one.
 actually investigating the district phone system.
 would be
 as far as the dimming capability of the existing system.
 He also is from HHSTR.
 we had it done in the ten years we've been here. No you haven't. No. It is an
 are typically caulked.
 4 millimeters of what they call a structural spray coating on top.
 It's going to be our expense.
 have a monitoring come in, you have Elliott surveying that comes in and establishes points throughout the building.
 I know our booster groups, they raise some money, but they also spend some money.
 your three-phase equipment would have burned up and would have caused quite a bit of damage, you know, a lot more expense.
 Smith.
 possibility of having the same kind of issues in the future? No, not if we drain it, not if we put in proper drainage.
 It's just like your car.
 heard some of the things that
 Now why wouldn't we go directly to Verizon? Because we're able to bid it and it's at a much cheaper cost. But Verizon is recognizing that a school, particularly like some of our school buildings, when we lose phone service, which was lost in many places throughout the district, that this creates huge issues for us.
 the next meeting, we'll be asking you about it.
 What took place there was a great misunderstanding where people thought that the generator came on and then it ran out of gas.
 The trouble with that is the bidding period.
 all a wood clad window.
 So the contractor will be coming out here in the spring to replant, replace the dead plantings also. And that should hopefully wrap up the project at that point in time.
 more concerned about that issue.
 Let's just go through some of these photos here.
 You know, anytime you get the first of it from a company of that nature, you find out that they come out with second and third and fourth generations because they improved upon their first one.
 Yes, yeah, that's a similar picture showing that coping top. Yes.
 You also have to restripe obviously when that occurs, but it can actually make a 20 year system into a 30 year system.
 I think with some minor topsoil grading, there is a yard drain in that area that we can manipulate that soil to get it to flow and drain out of there.
 And as it currently is being used, it does not give score. But they have an interface box that takes a digital signal to an analog signal, and they've been having problems with it.
 It looks atrocious if you get up close to it also.
 So let's start on those there.
 bottom picture on page 10 does that mean that we're going to open up the brick all along that wall and replace all that copper flashing that's in there? Exactly that's what I think the
 It would mean that we would have to move the pole vault, which would be no big issue, whether we, it's the sand pit on the other side that would be a little bit more of a cost endeavor to relocate that.
 It's one of those things. You know who you know. And when you know who they're the best, that's it.
 Also, back to the swimming pool, there's a swimming pool hot water system and monitoring devices.
 Our capital reserve fund that we can address some of these up to a certain point, but there's other things, right? But when we're talking millions of dollars already, we're up over $2 million just between McMurray and the other items at the stadium. So, you know,
 Yes, anyway, to answer your question before the camera went off, this has not been discussed.
 That's how bad some of this is last year during our soccer season in particular.
 I'm going to train an individual starting Wednesday morning.
 I just want to say there is kind of a feeling in the community.
 a parent call me and ask me if it wouldn't be appropriate at this point in time until something gets done if you just don't keep a- now granted you can get up and walk away, but a wall-mounted flashlight charged in every classroom so at least you've got a flashlight.
 Yes.
 And once again, Mr. France is going to be giving us a little dissertation of what our issues are.
 So all those pictures there I just noticed, those are at the library. And I've identified those as if that's something you want to address at this time. It can be taken care of for the cost that I've estimated there. I think it's something you
 graduation is usually the first week of June. In football, if Brian is nice and schedules our first two home games away, you could have half of June, all of July, and a little part of August, right? Our first home football game is the first Friday in September, which gives us, I believe, a three-month window to put turf down.
 It looks like just a process of erosion and settlement since the building was built.
 I'll cut that.
 Once again, that's just something that is an item that might be a possibility.
 not bricks falling, but it is something that you'll want to address sooner than later.
 As Matt had alluded to earlier, I was highly involved with the PV field project.
 issues whether it's settled or wasn't installed correctly but there's actually water floating on top of it.
 when it was constructed in 93.
 You had identified at Pleasant Valley at the time and set it aside in case it got to a point where it was needed to further address.
 We want to use all the resources. You're taking away valuable time from these gentlemen who've come here with an expertise.
 D zones have a problem with their drainage? Yes, they do.
 scoreboards too as part of their co-op. Yeah, the alternative would be to go out competitively bid it, which means that we could get different products, different manufacturers involved and get the prices between Chevy and Ford so to speak.
 actually took place was they lost the power, the power came back on.
 There is a curb in there that would have to be taken out and another curb report.
 we need to be aware of.
 exposed to a lot of rain and wind. And the gasketing on the windows, they're wood windows and they have aluminum cladding on the outside of them.
 That's why we did do the phasing plan. And the issue with the safety, we did a phasing plan.
 It's absolute truth. I actually went there.
 group and I brought that up in the Venetia area also of looking possibly getting with the township looking at a piece of property and joining with them to putting it like in one area
 If in fact there is a safety issue, then we may have to address it.
 We could just make it asphalt and keep the bleachers on it, which would be sufficient for that.
 It's taken a lot of the track surface with it, not the track where the eight lanes are, but the track inside those D areas.
 So it is also going to give us an opportunity to revisit a lot of our procedures.
 Yes. A couple years ago. It wasn't replaced a couple years ago? No.
 there
 We knew it needed help.
 My recommendation would be to do the entire structural spray.
 internal to the building, it's just the floor slabs that are floating over that, those areas of the pyrite. So I don't, I think there's
 analogue sediment.
 And ultimately they've made, I think, four measurements where methane is just a little bit above the background of the instrument.
 There was a very detailed selection process that chose a place where they thought they knew a significant amount of the geology.
 no use looking in sand in the Sahara Desert that's
 They were the first, they were the organisms that invented the ability to do photosynthesis and produce oxygen.
 So it's a really
 Yes, that's right. All right. Go there.
 Welcome to the Science for the Public lecture series.
 Taphonomy is the science of understanding where best to look for well-preserved material.
 So therefore that's what you're looking for. We're looking for molecules that are very difficult for organisms to digest.
 But it really is international and it really is a spectacular scientific and engineering accomplishment.
 I remember
 I don't know.
 Obviously a lot of cross-checking among the scientists themselves, correct?
 problem, but it's also an enigma.
 and we can compare that fingerprint with molecules that we can make in the laboratory or molecules you can buy off the shelf from somebody.
 and deleteriously, if you will,
 And now we're
 Not only that, it was not there in the early part of the mission.
 And
 And of course, curiosity is just one theme in a long history of exploration of planets
 another feature to it and that is a handedness.
 So they have elements.
 and didn't develop the cycles that the earth has developed that help us preserve the water.
 And on the left, we have amino acids.
 So you pick a rock and you know you have to dig for this, correct? Yes.
 Your whole job there is to do good work, but also to prove someone else wrong. And to get people to do that in a constructive way is a remarkable achievement.
 and O, or O2.
 I'd like to ask to start with what's geobiology? What do you do? Geobiology is the study of how life on this planet has co-evolved with the planet.
 They're using data that's collected by the rover itself.
 Molecules have a story to tell and that's what I've been very fortunate to be able to work on for the last 40 years of my career.
 Has that gone on for a long time and the rest of us just don't know it, that you've known this about fossil residuals?
 I'm Yvonne Stapp for Science for the Public and I welcome you to tonight's Contemporary Science program, Looking for Signatures of Life on Mars.
 would ultimately disappear.
 The leadership of the mission has been spectacular.
 Okay.
 is why I would recommend that science is a career for young people.
 Can you tell us about this and what's lipid? What's lipid? This picture shows some chemicals that we might find on Mars.
 fixes everything.
 So for any rock that we look at on Mars, we might look at it, do six or seven experiments based on a combination of the results that came from Mars, but also the results that came from Earth.
 Bye.
 I see, yes.
 also laminated sediments, layered sediments that have been put down over a period of time.
 it's determined the minerals that we can find in rocks.
 People want to find life out there in the worst way.
 Okay.
 Even though Mars is a little bit further away from the sun than Earth, that radiation
 I see.
 And we live on a very, very complex planet, and it is very complex, largely to do with the presence of life.
 The fact that there's some methane still there tells us that there must, if it's true, if the measurement is real, that there must be some process still generating the methane, and that is even more intriguing.
 evaluating the context of the samples that we're analyzing.
 And so you do this sort of chemically with looking for markers.
 off for a couple of days off for curiosity and
 many aspects of the behaviour of materials on Mars that are different to Earth.
 And we don't find it in a sandstone because the grains are so big, anything that was in there would leak out.
 So it's minuscule compared to the amount of methane that's in the air we're breathing.
 determine the structure.
 curiosity and of course the team of scientists that runs the mission is to evaluate the biological potential of that place, to understand the geology and geochemistry and their interrelationships,
 us.
 That's a very, very different thing to the sort of nondescript, well that's a bad word, but less informative characteristics of molecules on the top row.
 you look at a particular place on Mars.
 that is a very fine-grained sedimentary rock.
 And for most of Earth's history, that life was entirely microbial, that is.
 used to estimate before they had real data.
 So H2O goes to H2O.
 I mean, they would need to be a certain size before it could resolve them from the rest of the rock, but with a hand lens, you could see a moderately sized small fossil, if they existed.
 truthy.
 So the difference between the signal layer looking for is teeny weeny on top of a much larger signal from our own atmosphere.
 polar mass spectrometer which is used to identify those molecules.
 through biological activity but they're not diagnostic for
 tells you that the organic matter has something to do with biology.
 His distinctions include an appointment as a fellow of the Royal Society.
 when the mission first started it was 24 hours a day.
 highly defined organic matter on Mars might be interpreted as the absence of a biosignature.
 amazing this machinery by itself is.
 on ground.
 we wouldn't be here without cholesterol.
 using an instrument that's almost identical to the one that was flown. And that way they can test the software, they can test many, many more aspects of how the experiment works and check them for truth.
 I see.
 be able to understand why that is.
 think we see fossils.
 I don't know.
 I think there's altogether nine cameras.
 But again, we think it's a strong radiation environment and the presence of these oxidizing materials like sulfate and perchlorate.
 SAM collects data on soil samples, on sediment that would be drilled by the drill.
 So
 In a remarkable career, he's developed analytical techniques and made discoveries that are today essentials in the field of geobiology.
 and Earth has an atmosphere we call one atmosphere.
 And those sorts of molecules can be made by all sorts of processes, not necessarily involving biology.
 They're stable over that sort of time scale, but they're not stable over billion-year time scales, which is what we're looking at in Mars.
 dinoflagellates. You can see those transitions in the fossil record, but you can also see those transitions in the molecular record.
 The SAM instrument is really three instruments.
 So they're not particularly informative about the processes that made them.
 Yes, it's part of the whole process of ground-truthing.
 We are very honored to welcome Roger Summons.
 And then they develop a list of priorities.
 We started
 landing system.
 place the rover in a position where they might find an interesting rock.
 have dominated the planet for most of its history.
 It doesn't appear to correlate with the amount of radiation.
 paleontology, geology, geophysics.
 you try to find fault with it.
 Of course, there had been reports of methane on Mars in the past.
 Aw.
 can't go deep enough.
 So there's an ongoing process every day.
 on Mars and that's the experiment that I was selected to work on.
 wood coming out of an oil well, it's black stuff.
 protein, DNA, sugars.
 So it's a very faithful marker of the evolutionary process. And it's totally complementary to the visible fossil record, the micro fossil record.
 You have written about the difficulty, I think you just mentioned it also, on a planet like Mars.
 So now I'm showing a picture of Sam.
 Okay.
 Yes, and that's the other thing, that sort of a real community, maybe peace will break out or something in this community because there seems to be a fair amount of sharing.
 and this is a lipid as opposed to the protein.
 processes overwhelm the formation of methane from non-biological processes.
 for example, has a hand lens. Yes.
 This is the
 correlate with what month of the year.
 So it would be consumed, eaten, oxidized.
 from uranium lead decomposition.
 And on Earth, the typical place we would look would be in a shale.
 And a lot of the changes that we know took place on the surface of the Earth have been driven by life.
 And all science relies on ground truth.
 So if you're using a telescope...
 were there microscopic organisms on Mars, that hand lens would be able to see them.
 molecules.
 to you.
 and hopefully it continues for a few more years, the rover stays alive.
 Dr. Summons is particularly known for his investigations of biological traces in very ancient earth sediments and oil shale.
 Now they've...
 a molecule called a porphyrin which has got the centre of a chlorophyll, that's found in the centre of a chlorophyll.
 Yeah.
 ways of soft diplomacy. Yes, exactly. That's why I love being a scientist because you can interact with people in any country in the world on
 Yeah.
 The best way to think about the MSL mission, I think, is think of it as a geologist, a robotic geologist.
 So the MarsCam takes big images, it's stereoscopic, and color images.
 You should, if it comes and it goes, you should
 You've worked on oil and coal and oil shale and things where we don't
 And so it appears that it's coming from somewhere, but in very small whiffs.
 Along the way, he's received many prestigious awards.
 So if you get the information about what minerals, quartz, olivine, carbonate, those sorts of things, it helps you evaluate the information that you're going to get from SAM.
 All the organic matter, practically all the organic matter we have on the planet, is a consequence of the activity of life.
 oxygen itself.
 because Gale Crater we think was formed about 3.5 billion years ago, 3,500 million.
 is amazing.
 It's an atmosphere that's very thin.
 There's a straight chain hydrocarbon, simple hydrocarbon that you might find in gasoline, for example. And then the compounds with the rings called polyaromatic hydrocarbons.
 Okay, okay.
 that land on the earth or in interplanetary dust that's always landing on the earth.
 So here's some data that looks interesting.
 and developing the rover itself, the delivery system,
 Not only that, the type of life on earth has evolved over time.
 Thank you.
 That is what I would say.
 all of it, it seems like.
 a combination of information on the ground using the cameras and information from above using the satellites to
 Microsoft.
 doesn't correlate with day-night.
 The primary mission is not about detecting life.
 Your job is to disprove yourself.
 based on information from telescopes on Earth, as well as orbiting telescopes or combination of telescope with a spectrometer.
 One of them is called SAM, sample analysis.
 black liquid.
 members of the science team are looking at the images, evaluating where the rover is, evaluating targets to look at in the future.
 that where you might find material that's been separated from these nasty... Right.
 Yes, yes, I guess so.
 What do you think of that, and first of all, though, about the methane itself?
 All of those sorts of molecules.
 So we have colleagues.
 Everybody's in the game. But it's all about sharing knowledge.
 It's a very complex molecule and it's made by a complex series of reactions in our cells, biochemical or biosynthetic reactions.
 And the signal they're getting from methane on Mars is very tiny.
 got a lot of oxygen in the environment, organic matter is good food for bacteria.
 hand lens produces beautiful photographs.
 and another cartoon of curiosity and it's got the various instruments labelled such as Mastcam, Chemcam, Marty. These are
 On Earth, a lot of the methane comes from biological processes.
 But
 We take the information that we got from the rover about the mineral composition and we make a similar mixture in our lab and we run the experiment.
 In all of this work you're looking for a signal on top of inevitable background.
 So he was right about the deep biosphere.
 There's no way there's enough of it to get any other information that would tell us whether this is biological or non-biological.
 It's one of the main factors that we look for on Earth to find organic matter, whether we're doing it to find coal or oil or whatever.
 We have an atmosphere with 21% oxygen and we know that oxygen was formed by the photosynthetic organisms that we can see around us, but mostly from the cyanobacteria in the ocean.
 Thomas Gold, a scientist here, speculating that the earth very deep down was full of bacterial life.
 Russian scientists and there's French scientists working on this mission.
 That is quite interesting.
 Science for the Public is an organization committed to bringing science information and issues to the general public.
 and we apply.
 there has been this controversy around methane.
 and
 One of the most profound changes that people recognize is that the earth was formed with no oxygen in the atmosphere.
 amount.
 So it's a lot of comparison.
 If we get too much solar radiation, it's not good.
 interesting and intriguing scientific problem.
 That's the sort of logic that Curiosity is trying to develop.
 that 20 that make up life here on earth? It's one of the 20. Okay.
 One of the things we do is make a mineral or a mixture of minerals that we call an analog soil, for example.
 Yes, the whole mission is spectacular.
 of the structures that are formed by biology.
 So that's one thing, so that you would have to go internally.
 in them that microbes like to eat.
 17
 They
 So the structure of a single compound can tell you an awful lot about the organism that made it and the process that organism was using to make a living, whether it was photosynthesis or it was eating something else or eating somebody else.
 We know that Earth has changed over geological time, over the four and a half billion years that it's existed.
 And the hydrogen, because the gravity is lower, the hydrogen can be lost to space, leaving the surface enriched in oxygen.
 And that's leadership.
 To explain how that search is conducted, we have Roger Summons, professor of geobiology at the Massachusetts Institute of Technology and a participating scientist in the NASA Mars Science Laboratory mission.
 So we're looking for places where organic carbon and other things are preserved.
 All right. That is quite interesting.
 So for every 100 molecules in Earth's atmosphere, there's one molecule on Mars. And that atmosphere is not dense enough to stop or to inhibit the radiation.
 And I think it's one of the great joys of being a scientist.
 look at lipids.
 is actually a SAM instrument, testbed instrument, that is operating under Mars atmospheric conditions in a chamber at Goddard Space Flight Centre.
 able to measure it in situ in Mars
 Right, right.
 Do scientists sort of, are they optimistic, pessimistic, or just totally bewildered, like it's too hard to reconstruct?
 Will it appear and disappear?
 It's very fine, muddy, silty sediments that best preserve organic matter.
 And that oxygen has determined how the way rocks have weathered.
 But it's much, much more difficult to eat a molecule like cholesterol.
 and the history of the country.
 And it's been used to, largely to evaluate the atmosphere, but if we heat a soil up or crushed up rock and heat that in the system, the gases that are evolved can be looked at in the TLS.
 and consequently the surface of Mars is getting a full dose of solar radiation.
 for the scientists.
 The mission is not just about looking for organic molecules, but a very
 But again, I think most of us are just not aware that you could look at oil and coal and find a history like this.
 Some people would like to think it's biology, but there's no evidence. Of course, everybody wants to think it's biology.
 Once we've determined the structure, then we have a chain of connections that we can make through biochemistry, basically.
 particularly to try to understand the role of water in that particular
 I see.
 it works out to be about seven parts per billion.
 So you were not speculating on it even.
 So there was a lot of controversy about how real was the little signal when it sits on top of a much bigger noisy signal.
 What we're trying to do is understand something about the very early history of Mars.
 and all the amino acids have the same configuration.
 experiment, and then you query that experiment.
 Earth, you're hoping to see through the atmosphere, but there will be methane in that, and seeing a little bit more signal when
 The molecules on the bottom row have structural complexity that can only be imparted by biology.
 It's a brilliant, a brilliant camera.
 When the rover drills a hole in a rock or in the soil in Mars, you can really look at this.
 We don't find organic matter typically in the bath salt.
 Green slime.
 to date rocks precisely.
 Tonight, Dr. Summons explains how organic matter leaves its signature in the form of biomarkers and how that information can be decoded millions or billions of years later.
 a couple of days.
 Is that the idea of traces? We use a technique called gas chromatography combined with mass spectrometry.
 gentleman by the name of Alfred Tribes identified a molecule in rock that he could relate to chlorophyll.
 What we're finding out is Mars is very, very different in all sorts of interesting ways.
 I often use the example that when we're dead and buried and we sit in a coffin for, I don't know, a couple of hundred years, most of our biomass will have been consumed.
 and it's a tunable laser spectrometer, TLS is the acronym,
 biological activity.
 And there's no really solid understanding of what those WIFs mean.
 And again, it's taken hundreds of years for us as scientists and particularly geologists to understand and put together some history of the Earth.
 So.
 Yeah.
 But that was the same as the experiments when they detected it using Earth-based telescopes.
 a lot of selection went on to choose a place where they thought they would have rocks that could preserve life signatures had they been formed at the time.
 I think science as well, like arts and music.
 And the molecule on the right, large complex molecules with three-dimensional qualities
 Older by gourds for example, places where people are looking for early hominids.
 And just the same as they see rocks dominated by cyanobacteria, for example, and later, at some later time, rocks with green algae, and then at some later time, more complex algae like diatoms and...
 Mars has an atmosphere of about 1% of Earth's atmosphere.
 and the principal scientist John Grossinger, who used to be a professor at MIT, led that
 So the drill can only go in a couple of centimetres.
 The field really took off, well it was started in the 40s and 50s in a little way.
 Okay.
 Could you please tell us about it? Well, the fossil fuel that we're burning to power our cars and our homes is organic matter.
 They're also using data, imagery from satellites that are orbiting Mars and taking high resolution images of the surface of the planet.
 And then for the next 50 years, people explored that idea in greater and greater detail.
 And...
 So it's ongoing.
 And it speaks in a spectacular way to the engineering skills of
 and
 by NASA but increasingly by ESA, the European Space Agency.
 That's amazing.
 people in Houston, Johnson Space Center, all doing analog experiments and testing various aspects of the results that are coming down.
 atmosphere.
 and there's no point in looking at any old rock. We're interested in those rocks that best preserve organic matter.
 And are you saying that the geology wouldn't have developed in the same way if it had not been for biology and maybe vice versa? Exactly.
 So that's the mission.
 Radiation is a really serious destroyer.
 Also, it would be true for Earth, when you are looking back three billion years on Earth at what you hope are fossils or something, you emphasize these lipids as opposed to the protein, right? The protein, I just need to understand, doesn't last so well.
 composition of oil has also changed over geological time, corresponding to the way the plankton in the ocean has changed over geological time.
 people want to have life under the surface of something or other.
 And it also shows the instruments that are inside the rover, the main chemistry instruments.
 You look at a piece of coal, it's a piece of black stuff.
 Thanks.
 There's no other measurement that Curiosity's made that bears any relationship to the appearance and the disappearance of the methane.
 And the MSL or the Curiosity rover has a whole suite of tools that a geologist would normally have.
 life to see if life could have existed.
 now China and India.
 cholesterol
 exposed to the atmosphere that wasn't deposited underwater.
 at the same time.
 and take some mosaics.
 He also said that fossil fuels aren't formed by biological...
 Yes, it's very, very difficult.
 The molecules on the left, amino acids, because they have, the chemistry makes those amino acids rather unstable over billion year time scales.
 And those experiments then determine or inform how the experiment might be done on Mars better than it was last time.
 what we call it, signal to noise ratio.
 whether it's controversy, but that methane can be, they're always careful with the modal, can be an indicator of life, but it isn't necessarily
 One of the most interesting things that I read about your work with looking at fossil life is that DNA and other proteins don't preserve well and certainly would not do on Mars.
 they're unstable for several reasons.
 The thing that of us or the part of us that's the most recalcitrant type of material are our lipids.
 But really,
 Good evening.
 I see.
 And a lot of those songs are
 And when it still might have had a magnetic field and might have had an atmosphere, might have had an
 and the one shown there is alanine.
 Our primary mission is about determining whether life could have existed in the past at some place on Mars.
 at this point.
 The rover got to a certain place and suddenly they made four measurements, four or five measurements, where they got this small amount. Just as quickly as it appeared, it disappeared.
 the mass spectrometry part is an approach to getting a fingerprint of those molecules.
 And because life is profoundly affected by radiation, both beneficial and harmful,
 And strictly speaking, the processes that form those minerals should also destroy the methane.
 It's just a spectacular. It's a real tribute to humanity, I must say. Absolutely.
 Okay.
 It's individual compounds that we can use chemistry to determine the structures of those molecules.
 out with mostly bacteria. Those bacteria or parts of them were incorporated in more complex
 get the samples and the project is sending you the data, sending this enormous team of people all this data, you have machines in your lab to do, I think you said, analog kinds of experiments.
 They have what we call functional groups that are easily attacked by bacteria. But they're also good to eat because they have nitrogen and phosphorus.
 It may well have had as much water in the beginning as Earth had, but that radiation from the sun and the smallness of the planet means it lost its heat more quickly than the Earth did.
 and be critical of each other without cutting each other's... In a positive way, yeah, a productive way I should say.
 too.
 WELL SAID.
 And on the top row,
 And before joining MIT in 2001, he held appointments at Stanford, Australian Iron and Steel, the Australian National University, and Geoscience Australia.
 Taphonomy is understanding all the processes that lead to the preservation of a fossil, whether it's a molecule, or a microbe, or a bone, or a human skull.
 other organisms to eat.
 SAM also has the capability of looking at the gases in the atmosphere.
 Yeah.
 There are hazard cameras on the wheels that the rover drivers can use to evaluate danger.
 If the cameras can show us a layered sediment, that's another indication that the sediment was deposited underwater.
 So there's very definite evidence that the activities of microbes have profoundly affected the surface environment and probably the subsurface environment as well.
 in any case.
 place where analog experiments are done.
 And so the instrument takes in a sample of atmospheric gas, freezes out the carbon dioxide and some of the other components to enrich the sample.
 There's no point
 and we're not concerned about our differences.
 the planet. Organic matter on the Earth is a biosignature.
 water vapour, a little bit of oxygen, argon, some nitrogen.
 So it's this combination of chemistry and biology.
 Why didn't someone eat it in the years of years that have passed?
 and making sense of the phenomena we experience.
 and is not stopped by the atmosphere.
 Dr. Summitt, thank you ever so much for being with us.
 probably had a magnetic field very early on, but also lost that.
 Well,
 One of the things is Mars surface environment is very oxidizing.
 And in that case, we have to do a lot of chemical experiments to determine.
 And within Gale Crater, then, the tasks that Curiosity was charged to perform.
 breathing.
 Incidentally, it turned out that he was laughed out of the room when he first mentioned that, I think.
 It's just the most spectacular instrument. It takes real selfies.
 looking for fine-grained sediments deposited underwater that stayed or had low concentrations of oxygen.
 Right.
 experiment as close as we can to the way it's being run on Mars.
 see.
 Right, right.
 stable over our lifetime.
 The
 Can you explain that to us? And then in the last several weeks, sometime in the last several weeks, it was sort of confirmed, a methane-like cycle on Mars.
 Yes.
 of US-based, but there are also a lot of them based in other countries.
 Visit our website for our program listings and blog.
 the science of taphonomy to looking for the ideal places on Mars where something useful or interesting might be.
 So our cholesterol is going to last a lot longer than we do.
 it's individual molecules.
 motion.
 So it's part of our proteins, for example.
 can't explore the whole of Narset.
 So you can separate molecules that only have very, very subtle differences in chemical structure.
 environment.
 And the appearance and the disappearance of the methane does not correlate with any other measurements that Curiosity has made.
 Right.
 And that same series of streams of logic and knowledge are being applied to Mars.
 It's an ongoing evaluation process.
 And the structure of those molecules are clearly related to the different organisms that have made the molecules. And those organisms are making their living in different ways.
 complex organisms to form algae.
 Yeah.
 And that oxygen is mostly tied up in minerals like sulfates and perchlorates, strongly oxidizing minerals.
 And I think his way of getting people to work together.
 is a chemical reason.
 The history of Earth is very, very different now, we now know, to the history of Mars. Largely as a consequence of Mars being smaller than the Earth and Mars having lost its water.
 Could you tell us what you're doing?
 back to Mars for a minute.
 a very, very simple molecules, acetic acid, vinegar,
 Yeah, because that's a very accurate, I guess, kind of markers. It makes sense.
 one other important aspect.
 but they would still clearly signify biological or, I don't know, prebiotic, but something along those lines, right? Not, okay, not. They would preserve the qualities that we associate with biologics.
 gases in the atmosphere comprise carbon dioxide,
 Roger Summons received his PhD in Chemistry from the University of Wollongong in Australia.
 It's called the science of taphonomy. It's a long word.
 I'm very wrong about a few other things.
 is a line.
 When we see, say, documentaries or books about fossils, we see these things, sometimes very problematic little fragments and so on, and it is your field and you, substantially, who developed other ways to trace this early life.
 Uh huh.
 going to a place where you have no context.
 concern about our common ideals and our common hopes.
 And that's the main
 atmosphere on the surface of Mars was considered to be a much more reliable measurement.
 And those gases and their isotopic compositions can tell you an awful lot about the history of the atmosphere.
 I don't know what else.
 I have to let you talk to the audience here very soon, but is there anything that you would speculate on about Mars in terms of this project that you'd like to tell us about? It's proved very, very difficult to find any organic matter on Mars.
 I have to leave it there so that you can talk to the audience.
 Okay.
 So if you found an amino acid in a very old rock, you'd have to be really suspicious.
 is about making sense of the environment around you.
 So it lost the ingredients that would have made the plant habitable. We know that.
 what we call homochirality.
 very small.
 Sometimes we find molecules in rocks that we've never seen before.
 the latest.
 For its history, the water has been what we call photolyzed to hydrogen and oxygen.
 Okay.
 And
 hypothesis, you do an experiment.
 I see, I see.
 required all sorts of scientific inputs. The discovery of radioactivity gave us a tool
 or a granite or an igneous rock.
 Yeah.
 the organisms that made those compounds.
 and ultimately people will come to an understanding of those processes through this mission and
 And to explain that a bit more, gas chromatography is a way you can separate molecules with incredibly high resolutions.
 Because we wouldn't be here without chlorophyll.
 His contributions to the identification of earliest life on our own planet are now applied to the analysis of sediments on Mars.
 gone down to five days a week, so 12 hours a day.
 They can look at gases and it can measure the spectrum of gases.
 We find those molecules, for example, in meteorites.
 I hope so.
 That was interference, yeah.
 You don't have to see the fragments in a rock, as we are usually shown with fossils when we think of fossils.
 all imaging systems.
 so bewildered.
 Okay.
 As a consequence they chose Gale Crater as the base.
 The
 and the one I'm showing there is cholesterol.
 atmosphere.
 and we could find them in fossil humans from all over the world.
 who study microscopic organisms in sediments and they can see the evolution in plankton through time.
 Yeah.
 another one called KEMIN, which is an X-ray instrument that can determine the minerals that are present. The minerals that are present give you a lot of context.
 organic carbon compounds that have been formed in the past by living organisms.
 destroyed it.
 mission for the seven years, the most critical seven years.
 of all the people that worked.
 Thanks very much.
 priorities are uploaded to Curiosity and it goes through its steps doing the experiments one after the other that the science team have determined is going to optimise the data that they're going to get down.
 I see.
 and you can ultimately show that every molecule in every drop of oil on this planet was formed by life at some time in the past.
 Water and the atmosphere are what's blanketing us and protecting us in a large degree from solar radiation, as well as the magnetic field.
 gas chromatograph, which I explained is used to separate
 The second row of molecules are typically
 And so there are many people on the SAM team doing these experiments daily, not just at MIT, but there's a large group of people at the Goddard Space Flight Center in Greenbelt, Maryland.
 So it has this equipment, it can identify, and presumably it was instrumental in determining this thing. But what is the issue then with the methane? Well, the issue with the methane is that it had been detected from Earth, but when you look through Earth's atmosphere, there's methane in air.
 Right.
 Well I've got a cartoon of the rover and the cartoon explains what the primary mission is.
 It's a very long iterative process to understand the history of the earth.
 So evaluating potential for life to exist really depends on understanding the entire environment, including the radiation environment.
 Uh huh.
 All right.
 That's a lot different to a human timescale.
 algae evolve into more complex organisms we call plants. And that process of evolution can be traced in oil,
 So how do you get around that? First of all, I think you mentioned there's not really an atmosphere like we think of atmosphere now, so it would be, is it worse?
 two of them.
 I'm looking.
 A lot of
 Yes.
 Yes.
 So that bothers people.
 Even though you can identify a small amount in Mars' atmosphere,
 Everybody will be in on it.
 is essential to making our membranes work.
 to
 sort of intertwined in terms of time.
 When you look at the defense counsel's cross-examination, he got the victim to admit that she received thousands of dollars from the defendant.
 to whatever degree the judge did engage in analysis, his conclusion was incorrect given the nature of the evidence that was of the other crimes evidence.
 Defense counsel reached into the breach and filled in all the gaps and elicited all of his testimony from the complainant in order to prove him guilty of all these offenses.
 There is no order of protection related to the other crimes evidence that was admitted.
 What did the judge say to me when he said that it would help the defendant? Defending you is a time in the dates of the other crimes because they occurred before, they occurred right after she was served with a civil lawsuit and to support his theory that she just made these up in order to avoid paying him in the lawsuit.
 The evidence was the other crimes evidence and the evidence that was actually listed against him by his own attorney.
 This means that the state elicited, on November 26, 2012,
 as I stated, rebutting defendant's theory of defense. What about the court saying that it goes to the weight as opposed to the admissibility? Well, I think the court was referring to that with respect to defense counsel's objection to the lack of evidence corroborating these two incidences. It was not referring to weighing the prejudice versus the probative value.
 harassment of a witness by telephone, aggravated stalking by telephone, texting, and that kind of thing.
 was count 10 of 6898 and then the call that was issued in the other case.
 the same with talking about the line of showing breaking into the apartment allegedly and throwing about a line of the complainant.
 The date ranges between November 26, 2012 to March 10, 2013. And on page 135, the victim testified that she got harassing calls during November 26, 2012.
 The state acknowledges in its brief by citing the evidence that was elicited by defense counsel, the state did not elicit very much evidence against Mark Schelling in this case. In fact, most of the most damaging evidence was elicited by his own defense counsel.
 So because of the highly damaging testimony that he was able to elicit, as well as the highly prejudicial nature of the other crimes evidence, we've asked that this court reverse on all charges and remand for a new trial.
 The objection could have been re-raised after he heard it if there was a concern as to his understanding of the prior judge's ruling. But frankly, even if he didn't understand it, the prior judge ruled and then he heard it.
 And then I think any competent attorney would then say, I better try a different strategy.
 Thank you.
 that were unable to produce any evidence related to either of these.
 If we look at the record, there's plenty of evidence that counsel elicited to challenge the victim's credibility, and this was a reasonable trial strategy.
 And when he made his ruling on the admissibility, was that before or after the testimony came into trial? It was before the testimony came into trial.
 Why would the state's attorney's office indict the defendant for these offenses, drop the charges, and then use them in a potentially prejudicial way in a case where they have two more indictments pending?
 There were 21 different charges in this case, all of them related to contact by phone, whether it was calls or texts, sometimes when Mr. Schelling was subject to an order of protection.
 a question between our calls from June 7, 2012 to September 25, 2012. What's the other count?
 I think it was two questions that elicited that element and led to a reversal.
 So presumably the judge wasn't relying on those in finding him guilty because they acquitted him of those two charges.
 Then there is the first ever crimes incident, then count eight, then the next ever crimes evidence, and then everything else.
 My name is Deborah Pugh and I represent the appellant Mark Schelling.
 But even if this Court finds that it was a mistake in asking these specific questions, it was still not constitutionally deficient.
 to that confusion, but this was a case that one judge ruled on the motion and then the trial judge heard it at trial. Right? What happened was first one judge ruled on it and then the other judge was actually given another opportunity to rule on it as well. So it was actually
 That strongly corroborates that her testimony that the defendant was calling her was truthful and it strongly rebuts defendant's theory of defense.
 But this case was also about defendants theory of defense where he claims that the victim made up these crimes in order to force or blackmail defendant to drop the civil lawsuit that he filed against her.
 What you have is your
 defense as well. And I think that's a really important point.
 The relationship between the complainant and Mark Shelling went on from 2010 to 2011 and involved a lot of money going one way. That Mark Shelling was loaning her money or giving her money, it's sort of unclear what was exactly happening. But after they broke up, he filed a civil lawsuit against her attempting to get the money back.
 bring other evidence in.
 the people of the state of Illinois and I'll be asking for my allotted time.
 What that shows is that he looked at the evidence as to each count and determined whether the defendant was guilty or not.
 shown that the introduction of other crimes evidence was error, much less plain error.
 But the range of dates discussed here is November 26 to March 10.
 and it's a
 That was really the focus of his finding.
 I'll make this for 30 pages.
 The statute of issue here, as well as common law, requires a general similarity, especially when modus operandi is not at play, and that is not at play here.
 And the other piece of other crimes evidence was from about a month later that he allegedly slashed all the tires on her car and then left the knife protruding from one of the tires.
 when the first judge was ruling on it, he said this probably meets the threshold of Donahoe.
 And so because this other crimes evidence loomed so large over the case in terms of all the questions the state was asking to the complainant, the opening argument, the closing argument, and the judge's finding, this court should remand for new trial on all of those charges because they were so infected by the other crimes evidence. And all of that is tightly wound with what defense counsel did in this case.
 So there's a big difference between Mark Shelling sitting at home on his couch at night watching TV, calling, texting, versus actually going out into the world and doing these violent things.
 And so because of these other crimes evidence being so dissimilar and so much more prejudicial, given both their nature and the extremity of what they're like, it was clear to introduce these other crimes. First, the evidence was closely balanced. As the state... It's a simple moment that we find that the other crimes evidence should not have been admitted. The next question is whether or not the evidence was harmless beyond a reasonable doubt.
 Even if the evidence is not closely balanced, our analysis also requires us to look at the seriousness of the error.
 He didn't stop with property crimes, but he continued to call and harass the victim.
 And so, I think that's a good question. I think that's a good question.
 I was going straight to looking at closely balanced and fair trial. But in terms of being harmful, it was definitely harmful because of the way the judge relied on it in finding Sheldon guilty.
 I'd like to invite our Director, Chris, to tie up to October 21st.
 And the text was introduced regarding to the tires because the text connected the defendant to the slashing of the tires, the victim was slashing the tires.
 involved breaking into the complainant's apartment or slashing her tires. These were
 Some of those text messages are tied to dates for which Shelling was actually acquitted.
 And here the court did rely on it.
 to leave some time for rebuttal, about 10 minutes for rebuttal.
 the
 So I would ask this court to consider the arguments I made today and the arguments contained in my argument in my brief and affirm defendant's convictions in both cases.
 So that strong piece of evidence takes this case out of the coastally balanced bond.
 So both the defendants' past crimes and the victims' past bad acts were at the heart of this case and were both relevant and probative.
 of the judge.
 said that this evidence, this violent other crime
 that had very serious credibility issues.
 did show the history of money, but he also refused to rely on the state's requirement to prove him guilty beyond a reasonable doubt and instead decided to
 This case was about a past domestic relationship and a continuing series of crimes the defendant committed against the victim after their breakup.
 I'm Assistant State's Attorney, Veronica Calderon-Malavia.
 evidence.
 There was never any specific testimony about November 26.
 So the focus of this finding was on this other crimes evidence. So assuming it was wrongly admitted, it was not harmless because the judge relied on it.
 I just finally I'm reading the conclusion of your reply.
 It totally meets the general similarity requirement of the statute and common law. It was the same victim, they all occurred after the breakup, and they're all forms of aggression.
 were sort of very violent and imperson and scary.
 And if you call her on August 8th, how many times? 20 to 50. Boom. That charge, that assuming credibility, that charge is proved.
 And the second judge looked at it at trial.
 Not only was the evidence closely balanced, it's typically a violation of the defendant's right to a fair trial whenever other crimes evidence is improperly admitted.
 Even if there was a hearing on the other crimes evidence, it was still extremely prejudicial.
 Let's kind of move through the analysis.
 In terms of the admission of the other crimes, the evidence is just as clear.
 This was not about him getting his money back because he could have relied on a civil lawsuit for that.
 so they were actually admitted for that reason.
 there is no evidence at all.
 didn't talk about the evidence that was specifically related to these phone calls. It didn't talk
 Isn't that all kind of speculative as to the judge's decision-making process? Well, to what end? He spoke on the record. I mean, the record sort of rebuts the idea that he didn't, I mean, any idea that he didn't rely on it. Because one of the things that he says in Finding Shell and Guilty, he reads aloud four text messages.
 did not see that incident.
 or in-person violent offenses.
 My name is Deborah Pugh and I represent the appellant Mark Schelling for the Office of the State Appellate Defender.
 And now we will concentrate on the counts 1 through 6 because we have conceded that the other counts are merged. And the Fenton's Hall ineffective assistance of counsel claim is based on the allegation that the state did not present any evidence that he committed offenses 1 through 6 which covered the dates between November 26, 2012. Which case are you talking about? 1 through 6 in? In Mendemone 1.
 And one of the things that's important to remember here
 Thank you.
 It was actually all seven counts. I'm sorry, it was count 10 in the first case, 6898, which was harassment by phone after an order of protection had been imposed against Mark Schelling. And then also all of the counts in 12014 because those were all related to one specific phone call.
 Now this other crime's evidence was wrongly weighed both because of its low probative value and its highly prejudicial nature.
 The victim was forced to explain why the defendant's checks had the word loan written on them.
 still amounts to plain error because of the negative effect of this improper evidence at trial, because of its prejudicial nature.
 Okay.
 There's also a suggestion that the state needed the other crimes evidence so that the defense, so that they could prove why the complainant felt scared.
 There are two different sets of, two different but intertwined sets of improper evidence that deprive Mark Schelling of a fair trial.
 She also stated that the calls were becoming progressively more scary and threatening.
 So the other crime's evidence also speaks to the victim's state of mind. Because the female had previously crossed the line between verbal aggression to physical aggression, it was reasonable for her to fear for her safety and for her to suffer emotional distress through these telephone calls in which he threatened to hurt her or kill her.
 The state brought those 21 charges, but was asking about, and some of them involved ranges of dates, but the state was asking about ranges of dates that were not even in the indictment, and actually only asked her about two specific phone calls that were directly tied to the indictment.
 The first judge who considered it, it stated that the other crimes evidence complies with the threshold requirement in the statute and Donahoe, and both mandate that the court weigh the probative value against the prejudicial value, indicating that the first trial judge did too.
 And then with case 12-014, these were seven charges all related to conduct on one day, April 11, 2013.
 However, November 26, 1998,
 The judge in making the ruling was very terse and he really didn't say very much about why he was making these findings, but everything that he said went back to the other crimes evidence.
 to whatever degree this comes down to an issue of credibility.
 Thank you.
 So he said he had just been assigned to the case. He said there were a lot of pleadings. I've talked to the attorneys, but it was actually unclear from the record that he was aware of what exactly the other crimes evidence was in relation to what the charge offenses were.
 If it was trial strategy, the time to stop that strategy would be the time that you've realized, oh, wow, I just proved my client guilty of a count against him. He's starting to get a little bit more serious.
 Good afternoon.
 of these events or to produce a witness that they alleged existed.
 I would say no, the evidence is not closely balanced.
 I mean, what sense does that make? Why would the state insist on injecting potentially reversible error into a trial where they have all this evidence of 21 incidences of telephone harassment, texting
 And as a state acknowledges, all of those charges allege just verbal threats.
 And then in filing luxury and guilty, there is a sort of commingling of discussions of the other crimes evidence and evidence of the actual charges.
 we have 30 pages of that.
 was a text message that wasn't tied to any date at all.
 I look to the record on direct, right, I think 26 through 27.
 If the state had been trying to focus on everything chronologically and not front loading this highly damaging violent test evidence, they would have done it that way starting with count 7.
 rolled on twice and then
 You. Good afternoon. My name is.
 The defense counsel record shows that defense counsel pushed the victim to ask specific questions in order to challenge her credibility, her truthfulness, and her motive, especially where the victim at times was vague and imprecise.
 Second, they spoke to defendants through the mind.
 And this sort of confusion came to a head when the judge was finding that Sean guilty.
 This counsel did not just elicit damaging evidence and move on for no tactical reason.
 After the filing of the first indictment,
 This case is actually quite a bit like Jackson, which I cite in my brief, which is a case in which defense counsel elicited one element of one offense and served
 It's not in the record that there were, the underlining which were misdemeanors, they were charged as felonies.
 And it's very difficult to imagine how, when you're talking about all these telephone charges, how these violent in-person other offenses could help the defense.
 And then it was only after she was served in that civil lawsuit six days later that she brought this charge against him relating to dates prior to when the civil lawsuit was brought. But she was sort of sitting on any complaints that she might have had and then once the civil lawsuit happened, then she decided to complain about these alleged incidents.
 to talk to her gutless parents. That call occurred after the order of protection, it occurred after the defendant was repeatedly arrested for illegal contacting the victim, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order of protection, it occurred after the order
 So there has been a lot of talk up here about the ranges of dates in 6898 and the state did ask for complaint about the range of dates of November 7th to November 26th.
 Let's say 20 minutes and we'll see how it goes.
 evidence in the record that he did so.
 Well, this
 that he was trying to steal her television and also that he threw a bottle of wine at her, injuring her.
 so to argue this plain error under both prongs. First, the evidence was closely balanced.
 This case is different from the case decided by a defendant, where attorneys there elicited indisputable evidence, like a police, like a contents of a police report, or elicited unchallenged damaging evidence. Here, defense counsel runners aggressively challenged the victim's testimony for credibility and motive, presented an unidentifiable theory of defense regarding all the counts.
 And the only count, another count that there was no direct evidence was count 7, which the defendant was found not guilty of.
 Not that he was completely incompetent, he just
 But he said that any concerns about dissimilarity or prejudice goes to weight and not admissibility. But in fact, he was required to make a meaningful assessment of prejudice. And then the second judge, when looking at whether or not the evidence should be admitted, he said a couple of things that were sort of concerning.
 The state concedes that the prosecutors in this case really didn't provide much specific evidence about the 21 charges that they brought against Mark Schelling. And in fact, the majority of evidence was brought, was elicited by defense counsel.
 The other crimes evidence in this case was of a completely different nature.
 This is a very important point.
 The defendant had the benefit of two trial judges reviewing his objection to the other crimes, and the record clearly indicates that the meaningful weighing of the defense counsel's opinion on the other crimes is not a good thing.
 And so, I think that's a good point.
 that's not something where we don't believe a complainant. If she says she's getting these terrifying, these harassing calls or texts, that she needs to corroborate in some way with some violence. That's not the kind of justice system we run here. And that was not necessary.
 So good.
 So when you look at the record, it was properly considered, nor was it improperly focused on by the state or the trial judge.
 The crimes evidence was of a completely different sort.
 Text messages were never tied up to that date.
 about these text messages and he talked about him throwing the wine bottle down the street.
 And so.
 Nice.
 And there is absolutely no abuse in this case, and we ask that you affirm the trial court's ruling.
 The record shows that immediately after asking the victim about these time periods, the defense counsel pursued a line of questioning that he attempted to connect these calls, block calls which the victim attributed to defendant, to 309 numbers that were linked to the victim's childhood friend, Nick, and his company. And incidentally, the defense counsel also presented a witness to attempt to prove out this theory of block calls.
 The ineffective only focuses on that indictment.
 For all of these reasons, I would ask that this court reverse Mark Shelling's convictions and remand for a new trial. Thank you very much.
 What would the effect of this, the fact that it was a bench trial have on your argument? Well, it does have an effect, of course, because there's a slightly different approach to it if there's a bench trial. But here, and as there's a couple of good cases for this that with Alford saying that if the judge relies on the other crimes evidence, that's wrongly admitted. And in Merrill, the Illinois Supreme Court was saying if the defense objects to the admission of certain evidence and the court so allows it, you can assume that the court relied on it.
 And then the way that the judge, in finding Schelling guilty, relied on it exacerbated any harm of the admission of the other crimes evidence.
 What about the state's argument that it was a trial?
 In fact, this is a bench trial and it's presumed that the judge followed the law and considered the other crimes evidence for only its limited purpose.
 The plan is to only discuss arguments one and two.
 It's not accurate that there was no evidence submitted by the state. Although I missed it in my brief, I admit, on page 35 of the record, the state asked, between November 7th of 2012 and November 26th of 2012, how many times did the defendant call you?
 Additionally, order of protection was not granted until December 2012.
 No, I disagree.
 Okay, count 11, direct, there's testimony without cause on page Y34, and 11, and 12, November 26 was discussed on Y35, and what other count? The only- 12, 13, 14.
 He talked about how Shelly had broken into the apartment and threw the wine bottle and he was very disturbed by the violent nature of that offense, which was not one of the crimes that was actually at issue. He was really focusing on that in order to find Shelly guilty of these 19 other offenses for which he was found guilty.
 Since the other crimes evidence speaks to both defendants' intent and the victim's state of mind, they were relevant in the case.
 That was 14 different counts, mostly in 2002 going, or 2012 going into 2013. It is for
 In fact, the state actually did indict him on the two counts of other crimes evidence, but it seems that they eventually dropped the case.
 The project really didn't properly write prejudice.
 He also had better stop asking questions like, did he call you on August 8th, yes or no, rather than asking a question like, if he was actually trying to prove that she had very little recollection, he could have asked a question like, describe anything that happened between you and Mark Shelling in August 2012.
 We're briefing an argument on this matter. We'll take it under advisement.
 the people of the state of Illinois respectfully request that the Senate will court in 13 CR 6898, reverse defendant's convictions and remand the case for a new trial.
 And he also wished to explain a drafted settlement agreement that was prepared for an attorney. And finally, the defense counsel also presented a witness that witnesses who attempted to establish that the defendant could not have called the victim on November 26, 2012.
 And so the state did ask about the 7 to the 26, but those are actually not tied to any specific counts in the indictment.
 The subpoena has now been issued.
 Count 7 happened before the first other crimes evidence, then there was count 8, then other crimes evidence, and then everything else.
 Very well.
 So if he's focusing on his text messages, two of which the client was acquitted, and then one of which wasn't tied to any date, presumably he's focusing on the other crimes evidence.
 As I stated, it was relevant to establish her state of mind of how she reacted. It was relevant to rebut his theory of defense that this was just about money and about her not having to pay him money back. I think it was very relevant and there was no abuse of discretion. But going back to defense counsel's performance, his performance was totally unlike the cases that defendants have been
 And...
 going to talk briefly about this so that we all know where we are.
 If you want to be heard by all your fans in the audience, keep your voice up, please.
 one of the dates covered in counts one through six.
 7 came before any of the other crimes evidence.
 He had his questions about November 26, 2012 and March 10, 2013 to Syria Defense that the victim fabricated these charges against him to force him to drop his civil service.
 about those two phone calls, the one on April 11 and the one on September 25.
 I mean, the proximity of time is there in terms of looking at probative value. There's no denying that.
 So, counts 1 through 6 cover the dates between November 26, 2012 and March 10, 2013.
 And there's also nothing in the record to show that the trial court improperly considered this.
 Oh
 strategy
 So if this court has any questions related to the other arguments, of course, I'll be happy to answer those.
 The victim answered hundreds and
 and chronological.
 And I think that's a good point.
 So he talked about other crimes evidence and also to go into issue two, also evidence elicited by defense counsel.
 12, block the date of discussion of block calls on Direct Number 35, and count 13,
 It explains why she repeatedly called the police, why she was constantly on guard changing her route to work, and also explains why she was concerned for her parents.
 There's case 6898, as I call it.
 And even if he had a way, this is not a preserved issue.
 And so she would have had to explain what happened on that date. Instead, he asks her these very leading questions.
 And I think that's a good point.
 And I would ask this Court to look at the content and the substance of my argument.
 Thank you.
 She was also forced to explain a promissory note that she allegedly signed, a document that she signed and drafted where a defendant would promise not to sue her and ask for his money back,
 just endless range of dates, March 7th to the 26th were their calls and she said that there were. But there was never anything to tie it specifically to the 26th or certainly nothing to tie it to the 26th of November through March 10th. There was just no, there was no testimony whatsoever about those, about those dates.
 Remember, the microphone is for recording purposes, not for amplification.
 County Assistant State's Attorney, Veronica Calderon-Malavia, representing the people of the State of Illinois.
 So he was first indicted on those and then he was indicted on the crimes in 6898. But there was a lot of overlap.
 Is there any, did the state provide any evidence other than 9, 11, 12, 13, and 14? Okay, on count 9, right?
 And there is a very abusive text message related to the entire issue, which was the other crimes evidence.
 The second judge explicitly stated that this was more provative than prejudicial.
 First, as for the other crimes evidence, there are a lot of charges in this case and it becomes very confusing and jumbled.
 Okay
 Because there was some evidence that the state elicited such evidence during the direct examination of the victim, it was reasonable for defense counsel to ask about this period of time since it dealt with the most serious allegations in the indictment.
 And as for the claim that the state started discussing the other crimes evidence first because it came chronologically, that is not true.
 He challenged that evidence.
 Specifically, the defendants' other crimes, they were relevant on several grounds. First, they were part of a continuing narrative that led to the instant charges. In fact, the other crimes were the underlining basis for the order of protection the defendant was charged here with violating.
 The state really focused on the other crimes evidence at trial so much so that they didn't even elicit evidence related to 13 of the 14 charges against them in one of the cases.
 occurred after misdemeanor charges, it occurred.
 elicited evidence.
 So that suggests that he did not engage in the meaningful prejudice analysis that he was required to.
 Mark's prior lawyer said that the complaint told him that none of this would be happening if Mark hadn't sued me. And she also claimed to not know anything about a settlement agreement that her attorney drafted saying that she would drop the cases against him if he dropped a civil lawsuit. And she also came up with a lot of things on the stand that the state had clearly never heard of. For instance, that she claimed that she had a videotape showing Mark breaking the front door of a condo building, but that she personally decided not to show the police or the state's attorney because she decided it wasn't appropriate.
 Well, what is in the record is a row of misdemeanor counts charged and they were elevated to a felony.
 I know that there are two different accounts here, but the strongest collaborating piece of evidence in this record is the April, the recording of the defendant's call to the victim in April of 2013, where he's heard aggressively demanding to listen to his, her gutless parents, you know,
 There's pure gold.
 Hi, I'm
 The trial judge acquitted the defendant on two of those counts.
 And the other crime's evidence is not injecting reversible error because it was commonly admitted. It is when the crimes are so dissimilar that the prejudicial effect far outweighs the probative value. That's the problem.
 So the first part of all the crimes evidence was alleging that Mark Shelling broke into the complainants apartment.
 So looking at the totality of counsel's performance, which Strickland mandates, defense counsel who was partially successful was not constitutionally deficient.
 It depends on whether Council fails to preserve this issue.
 And as for counsel's questions, he could have relied on the State's vote to prove her guilty, to prove Mark Shelling guilty beyond a reasonable doubt.
 And it was found out guilty of because not only was the man direct,
 This was also harassment of a witness and contact by telephone, harassment by telephone.
 One of the other things was that he said that it's generally admissible in this type of case, not in this case, but sort of saying it's generally okay to allow the context. But then he said something strange that made it seem that he hadn't done the proper analysis of prejudice.
 The state asked the complainants some very vague questions and there was a flurry of dates and allegations, but very little to tie anything to the specific dates in the indictment.
 to engage in meaningful analysis here? Yes, it does. And we have a very good understanding of the nature of the crime.
 So even if he did do that, I think he would have a lot of
 court should vacate his convictions and remand for a new trial.
 This is not required to corroborate her own fear.
 Even if it's not sacred.
 whether it's verbal aggression or physical aggression aimed at intimidating the victim because she would refuse to have any more contact with him.
 The state acknowledges that all the charges here were just verbal threats.
 talk about the things that the state was actually intending to prove Shelly guilty of. We talked
 I remember, did I recall the text messages?
 That's kind of what I thought.
 parties who are going to argue the case, please approach the podium, identify yourselves and who you represent, and indicate to the court how much time you would like to argue the case.
 position that the defense attorney proving the defendant guilty beyond a reasonable doubt on six or eight counts where the state presented no evidence to support those counts but on cross-examination the defense lawyer did.
 So MMU has a very strong reputation for the program.
 Unfortunately, I think for some people that is the whole point.
 experiments.
 Delaware.
 But that one, it really does would impact this board and would impact this union.
 We're in abstention.
 It's your fault.
 And they understood that there, unfortunately, there might be a need. And the kind of the consensus was, we don't have an issue with it, and let's put them in and hope we never have to use them.
 It's probably a mystery.
 Yeah. Okay.
 There certainly would be some, with some of the vandalism.
 the process of being directed.
 because, I don't know.
 then you lose the ability, which I think is one of the big points about this, is having a consistent curriculum through all of the elementary schools.
 and see them a lot.
 particle
 I think it's fair.
 25 years in a small school, the only people that came to that school during the school day were parents, which was sometimes 18% of the population.
 I think I'm pretty sure, almost positive that the elementary districts would want to know, well, what does the MMU board think? This could have a big impact on them.
 If they didn't pass this course, or they weren't part of our middle school, they
 No, it totally has a name.
 That's correct.
 in New York.
 I believe you.
 know, without all the towns choosing to participate. But for the same token, you're losing out on some of the things that really would work if all the schools were involved.
 There is at least one board that has a lot of questions and there are probably about three others that I know of that are interested in looking at at least conceptually a school district merger.
 want to run it through their website.
 I'm still not clear on how that would solve the problem that you're describing for the elementary schools. Well, their equalized pupil would go up immediately.
 I just don't think that argument resonates.
 It's just kind of like an honor, but it's Nelson Mandela and I believe the Prince of Wales.
 Some of them, they have no control over it.
 I'm
 I'm sorry.
 And they decline, too.
 You're right.
 and moves a table.
 Which sounds fair.
 It's different across the board.
 All of that aside, because there's a whole lot of emotion and a lot of concern about sort of everyone's private town and private school and everything.
 went to the school and I think right everybody talked to the principal
 It's really a substitute motion, but do what you want with it.
 I really grew and I like to expand on that
 Not sure that's happened.
 However, I think part of the reason that we can have that kind of trust is because we do that work thoroughly throughout our communities.
 Oh.
 I think that as much as I appreciate what your sentiment is, but I
 and no point did he touch either student's.
 I didn't ask for the abstain.
 We need a motion to vote on it.
 But they do need to have cups because everybody has to.
 Thanks.
 I'm not sure if this will be Connor's last or not, but Connor, could you fill them in on... I was going to wait for other business, but sure.
 care as much about the kids from
 So if, for example, four of our elementary schools wanted to merge, would that be merging into one elementary district so we would have three elementary and one middle high? Is that how that would work? Well, potentially you could have, say, four elementary districts in Chittenden East that merged.
 In late August, I will be leaving for two years and be getting an IB diploma, which credits can be transferred to colleges.
 much more resistant.
 Well, it feels like the legislation, and again, this is me talking.
 doesn't that create at that new board an unequal representation? Because the towns that choose not to join in actuality would probably have greater representation. I mean, you take a town that currently has two members on this board,
 $2,141,517.99.
 Maybe they have a little bit of stock on the way in.
 trying to raise money
 That would be great.
 sort of self taping.
 So those are the things that I see as benefits.
 It is true that the curriculums of elementary schools have been much more standardized so that there is less challenge from school to school.
 It's a very prestigious institution and program.
 that if something happens they really don't have wiggle room in their budget.
 Each of the school districts that would want to merge must vote to approve the Union Elementary District.
 I mean, we're not talking about saving a tremendous amount of money.
 You will get some benefit just because it will influence the tax rate a bit for them.
 I don't want to get ahead of myself.
 At the end of 1314.
 I wonder why we didn't hear from the principals and if during this discussion, what benefit that might have to community members to hear what the principals feel about. There were some that spoke.
 He's there.
 But I think that this discussion has been very, very helpful.
 The way it has been prior to the one-to-one was
 You can see what the incentives are.
 I suppose to Angry Birds, I'm not sure.
 or
 history, maybe they would look at PowerPoint presentations and
 I think it's the...
 buildings still there for the use by the community.
 not say necessarily endorse it, but you wouldn't stand in the way.
 We do have a choice.
 Okay.
 You may have to lay someone off, and at another school you're hiring someone, you know,
 getting this from people I talk to and what I read and the interactions that I have.
 I'm just going to follow up on the question.
 But that to me is not a decision because it only is a couple of years.
 The term is really high school.
 they're not funding those qualified school construction bonds so
 And recently, I'd say over the last couple of months, really after the budget process, there's been some interest from our elementary boards in looking at what the options are and discussing within boards whether or not they want to look at one of those merger options, school district merger options.
 And how are they distributed? Two in jazz, and then I think we had eight
 2017 is
 No, yes, non-debatable
 Does that sound right?
 And if you're thirsty, you go to the table and you pour yourself a cup of water and you have it with your meal.
 We have to see what the budgets are.
 So if you get a chance.
 And so
 It could be things that they have no control over.
 It just looked like we had so many more options if we could form a group together.
 are eligible for some of the red incentives as well.
 Thank you.
 Okay?
 And I can speak from the student perspective.
 Thank you for the discussion.
 We have a second in motion.
 These would be installed only in the main corridor? Yes, main corridors and lobbies.
 Because that was that resolution that we dissolved the red. The committee.
 That doesn't mean that that's not what should happen.
 That's crazy.
 So is this
 So does this mean that all of the people that participate in this, so it all
 And I think that when you have a law that is supposed to further education, it sounds like it's about education, but it has these kinds of problems and implications in it.
 really right now it's Bolton and Underhill ID which you had Act 82 that applied to ID
 Yes.
 in the same way.
 near or in.
 I'm thinking of the Harvard example. They would be, my only experience with cameras is really what happened seven years ago.
 white uh... all the news is in the news for the last week
 The skills in this class are currently being embedded in the K-8 curriculum.
 Okay. Thank you.
 So we've got these qualified school construction models.
 district does pertain to this legislation I think
 NID as well.
 I hope people...
 I appreciate the point about local and you can understand the historical way this developed.
 Sorry, set up isn't ideal, but we should. It's our only game in town.
 States across the country that and some Internationally, they're really struggling to fund some of the small schools because they are expensive, right?
 This may sound like a very ignorant question, but what is the mechanism of that vote? Do the elementary boards initiate the vote in that town? Yes.
 That's
 The senior play production is the only one that I've done.
 This is based on a $100,000 house and then with a red.
 Perfect. Thank you.
 piece of paper that was given them, that graduation plan they've been working on would be consistent.
 Sorry?
 Let's go ahead and get this discussion now.
 to be that one town just decides not to hold a vote? No.
 It's more resources than curriculum
 And for that reason, I think it's unethical to try to bring this matter to a vote in this community at this time.
 What's important to understand is there are so many different school districts in the state of Vermont.
 review, you know.
 And I do think, my memory is even in the ballpark, we need to pass something up.
 approval of the post-term taxes as those are still waiting for definition.
 I didn't speak up.
 Thank you.
 have to look at what the formation would look like.
 Curriculum committee discussed it
 Thank you.
 I'm assuming she's not going to come on the 13th since that's senior banquet night. She's been with us for two years.
 That's all I'm saying.
 working at a central office because we did do a pretty in-depth investigation of it.
 I just asked if there was more discussion and no one said anything.
 Okay.
 don't want to deal with it anymore.
 anything's possible until all that's designated and figured out.
 This really allows for elementary districts that feed into the same union high school to merge as an elementary district if they want to. And districts that don't, they don't have to.
 It's been really fun.
 Some of the technical problems regarding this newly, this modified grant, which is the Section 17 of this law that we're talking about.
 But this is just the way we feel at this point in time with this information, after this discussion tonight.
 doesn't make it any easier.
 According to the free press,
 Yeah.
 That's all I've got to do.
 Yes, that's correct.
 doesn't happen.
 The way you phrased your example is that town that is out doesn't really have a stake in that particular decision.
 In other words, if you vote as a town not to participate in this, you lose your assets in the high school.
 They started yesterday and they proceed through Saturday.
 And the voting, it's not like we're voting on a Mount Mansfield or a Chittenden East budget.
 A financial reward for a predetermined result of research renders the research invalid.
 That's really cool.
 So that was the point of the committee.
 Can I ask a question?
 looking at the requirements.
 Mm-hmm.
 involved and I think that's true for everybody in this room.
 It's harder to teach that classroom, you know, kids that have had all of the extras and kids that have not.
 Wishing ruin board and basic living expenses, okay
 They're tied to a contract that is much different than you would see in Washington West, which is right across the line, or in Addison, or in Franklin.
 but I think would like to get some direction or some information from the board whether or not they could support school district merger of some of our elementary districts.
 So I wanted to I wasn't sure
 do a show of hands. Those in favor indicate by raising your hand please.
 So supporting that.
 Yeah.
 So as we move toward each student having their own computer, the technology skills are going to be used throughout the entire curriculum.
 daughter, Moro's fifth grader at Brown's River.
 There are two issues there.
 Recon!
 The other thing that struck me as we were talking about this is I, like probably many of you, did not grow up in a state that had any kind of system like this, where there was a single board.
 Go ahead and do it and if you like the idea
 I just kind of find that interesting.
 I mean the same overall agenda but not the same lesson plan every day.
 But that we're not able to go the full measure because we're not sure whether that trust is going to extend to the full thing.
 If you had a majority of the boards that want to put together a committee,
 were clear.
 So John will check that out for you and you'll hear from him.
 We only had cameras in for two months in the history of the school.
 And there's no additional cost except for installation because the machinery and the equipment is already paid for.
 you can take a look at what I provided you.
 or that you don't have a position.
 representation would stay the same.
 taking away that smaller step, I think there are things that would be lost as well.
 expression my father used to use, lack of intent and fortitude, that the legislators in Vermont are not grappling with the essential question, which is funding of education.
 they'd have to decide on what the configuration of the board was like.
 So I still think it's all about what we can do for the kids and how we can be creative and be ahead of the game.
 I'm trying to start to learn Italian.
 She went running to Montpelier and found out that it couldn't be corrected until the next session, which is taking place now.
 Okay. So that would put it back into the other category, the Union Elementary District. Like maybe I'm not, maybe I'm misunderstanding what you're asking.
 They're talking about getting rid of the small schools grant.
 I guess I have to disagree.
 So not assessing isn't by that.
 Those in favor of the seconded amendment brought to us from the curriculum committee. Indicate by saying aye.
 I've forgotten the parliamentary procedure for offering a friendly amendment.
 it more public.
 Are you asking us to tell the elementary school districts, yeah, we think it's a good idea you go ahead? As opposed to letting the public, each school board, talk to their members.
 It's not on the schedule, Virginia, but.
 In your opinion, what is the benefit or the state is seeing to push these things? I mean, it sounds like money-wise, right, they are looking to save themselves money and not spend it.
 A MUSD is formed.
 There are students who.
 So,
 So I have a couple more slides.
 It's part of the rubrics. We're doing that really grade 2 through grade 12 because it seems kids apply the skills better when they're in context.
 All those in favor, yes, Clint.
 But sometimes with 15, 16, 17 year old students, it's written down. You have to do it. It works better than it's good for you.
 When they come to the high school, the high school becomes the center of their lives.
 Bye.
 That's why I asked configuration, there's a water line there.
 digital but it deletes or records over itself.
 Kevin's not here, I can follow up with him.
 I don't think we need to dive into that.
 it works is you hyper focus in three subjects and then you kind of like minor in three and then you have a fun one. I'm thinking about majoring in an
 interested in the taxpayers' money and their education.
 We have done it and school districts have done it in our system and across the state and I just don't think that's possible anymore.
 It's inconceivable to me that the town of Hannibal would have eight separate school districts with eight separate funding mechanisms, eight separate tax calculations.
 It's obviously a very important component of the SU and two-thirds of the entire SU.
 There's a conflict with the next one with strategic planning and finance.
 there's another option as well.
 sure we can do better and that's our aspiration. But we're a community that works.
 You've got communities and you've got boards and you've got systems that are really trying to look for ways that they can preserve what they have.
 And our taxes, on the slide John will show you, instead of going up $236 would have gone down $77. Because when you've got a pupil count of 68, it's hard to lower your pupil spending.
 If it's possible, I think that might be useful information to the executive committee.
 We had a presentation a week ago from Eric Hall, who is a technology integration specialist,
 And the choice is milk or a pinky little bottle of water for beverage.
 in favor of pursuing the motion indicate by raising your hands please
 The middle and the elementary's change of last couple years to address this.
 So the community is not, we tend to think because this is what we know that it's linked to the size that we have existing and that's the state of mind.
 I think that would be important information for our local school boards. I see this just as a sort of a sense of the meeting vote here.
 Maybe we should focus just on the date.
 It's probably not here.
 There are roughly 15 to 18 students who did not pass it when the middle school was assessing and are with us now.
 There are some efficiencies and there are some structural pieces that over time might save money. It's hard to define what those are.
 Wait a minute.
 So I think you're sort of shortchanging the district, David, when you... Have I been bad to calling you David? I know. That just slipped out.
 I'm just saying, what was more arbitrary was the Brigham decision because that came down from the Supreme Court and that was about equal access to education.
 Our dance team just had a car wash that was extremely successful.
 I'm not quite sure how I want to word this, but I would like to see this requirement removed as a graduation requirement effective at the close of the 2012-2013 year, but that the course be offered as an elective in the 2013-14 year.
 Only certain delegates.
 I think that this school system can run perfectly well without any of us.
 This is a tool that
 So there would have to be some procedural pieces that are put in place so that if it was something that pertains solely to pre-K to four, that I don't want to pick on Huntington, but Bolton, they couldn't vote on if they had their own independent district.
 And there's going to have to be some guidance legally around.
 And that is acknowledging that I respect everybody's opinion too.
 So the declining tax incentives, the union school district merger are not eligible for those.
 I keep thinking about the successful experiments that have been done.
 How can we do that? And then the other side of that is the law that was passed, supposedly, to permit this, or to encourage it, has some very serious legal flaws in it.
 And then we would have the Mount Mansfield Union School District, which would be 5 to 8.
 reasons to be weary.
 band in Russia and
 So I just want to clarify that, too.
 And then we'll continue to talk about what children need and what is appropriate for education.
 Bye!
 Thanks.
 So we will go back to item number two, graduation credits and computer applications.
 It's about 70 miles northeast of Venice.
 And then Bolton, they had a budget that failed, which is the first time I think anybody can remember.
 The towns that vote against MSUSD still participate in the union, still have representation on the board, still send their either 9-12 or 5-12 students to the union district,
 Thank you.
 They're having those discussions.
 All right.
 understand completely.
 But going by the spirit of the graduation requirements put forth in policy was that students need to demonstrate.
 that you did.
 against it no but it'd be good to get in the minutes to say what the position of the board is no
 years of increasing tax incentives.
 I'm going to tell you.
 So my follow-up question is because many of the students sort of tested out of it and did not require it.
 If you have something that you'd like to discuss, we'd be happy to hear it.
 I don't know who it's directed to, but who has access to the video? How long is the video stored? And is it streamed online? Access to the video is principal and designee.
 And then you have another school district down the road that is debating, oh my gosh, we need to hire another teacher.
 Since as Michael points out, we're already consolidated after that.
 Right now, Bolton is the number one school in the state for excess spending.
 off the bat without doing anything.
 Trying to learn Italian. It's rough. I can't
 Not necessarily RADS, which is the Region Educational District, which is what we voted on two years ago.
 Richmond Elementary has the capacity now.
 was done seven years ago.
 I think that I agree with Michael and all these concerns that you folks all have.
 I just want to make sure that we're getting the right people.
 questions? If not, could we have the motion that we need to vote? So those in favor of the motion presented by the Facilities Committee indicate by saying aye. Aye.
 that situation would the merged elementary school district be part of this board? No.
 It's really important, I think, to separate the issues of what can we do as a community
 A lot of graduates do go to work in UN-type fields.
 You could.
 I think that's a valid point to think about.
 The one thing that, you know, the legislation
 some citizens might favor a red while not favoring a modified red.
 I'm gonna call it a MUSD, I don't like the M-U-U-S-D.
 So you couldn't have one town that said, no, we're not going to hold the bowl.
 But here's a couple of the realities that are setting in right now that I think it's important for me to share with you.
 Yeah
 I mean the various options.
 I thought I had an in with the MMU.
 Someone who at Browns River learned about SketchUp and Photoshop and all that good stuff has been keyboarding since first grade or something or other.
 No, I did not.
 I mean, you can table this for another time, but I think that the elementary boards would want to know is could the MMU board, a majority, at least support this? Or support the electorate voting on a modified unified union school district?
 The reality is one of the things that frustrates me about our current organizational structure is we in this board are not talking about and never talked about the pre-K through grade 4 issues that at some point are going to impact the success of our students.
 We used to call that stealing.
 You just said forces the vote for the other towns.
 So if two voted yes and one voted no, it
 Which I think is pretty good for a day of car washing.
 I should say I want to offer.
 Does anybody remember the content of the resolution we passed that instructed our executive committee members on the positions they could take on this issue? Because we did pass a resolution.
 I come down on the trust issue and that's where we need to work because that's what's going to happen going forward.
 I think that's a footnote. According to the free press this morning, CVU doesn't have any of these, and they seem to have survived.
 to support the formation of a merger committee and study if the majority of elementary boards vote to do so.
 So if there are a bunch of cups available in the cafeteria, that would be okay? Just drinking cups?
 But we're not saying we want one less credit or two less credits. It's just it raises
 research obtained in this manner is used to persuade voters and administrators, then it's frightening to think of the implications this could have on the merits of the issue.
 That's great.
 And that's where we tried to focus as best we could on.
 I'm not sure if that's a good thing.
 you're a Union School District, you're not a municipality.
 You've had a lot of questions.
 middle schools no longer test for these skills and the elements of this requirement are embedded all throughout the elementary and middle school academics.
 You ought to tell us who you are.
 of cabling.
 I would speak against the amendment for the reasons of my mic.
 Is that really an option that this board has, seeing as we aren't a voting unit?
 was at a special vote in Bolton at our last meeting.
 I know from just listening to you on the board, you care as much about the kids from Underhill and Huntington.
 And I think that's a really important point.
 I'm a Davis scholarship recipient.
 They are in Chittenden County.
 and start the statutory process.
 No, seriously. I mean, if Richmond decides they don't want to participate, that decision is made by five people for the town to not participate in a vote.
 Every fifth grader in Burlington is not studying, does not have the same agenda, does not, I
 can analyze it, voicing some skepticism as to taking that to the next level.
 building still there for the use by the community.
 Just as you know, I think it's a smile.
 raised two issues.
 Um...
 It has to be really based on the electorette, the portion of the electorette.
 Whether or not they're going to throw incentives at us, to me, is not the point.
 I just request, Connor, would you tell this board a little bit about United World College? Sure. It is a program that is trying to, the
 this board potentially would expand its role to pre-K-12 for some schools.
 Having both, I believe, provides a synergy.
 And it's dismaying to me, and it shows a lack of emotion.
 Which goes to my question is
 We're in the informational gathering engagement part of this.
 There would be eight cameras placed in the common hallways.
 That's my concern.
 answered the questions without hemming and hawing.
 I hope it can happen quickly because of course water is an essential thing for the human body but also it's getting warmer, these are outside more.
 I think that we should ask the principals to go public about their views on how it will affect their schools, because that would sway the popular opinion on the benefits of this.
 each one of them.
 It's their school districts that are voting on it and paying for it.
 means we're not having a letter grade on the report card to speak directly to the course.
 I spent 25 years working in small schools and I've heard this argument over and over and over that the school is the center of town.
 Aye.
 Because it looks to me, and Anne O'Brien, the Richmond representative, when she read this, she was absolutely horrified.
 Okay.
 And they're talking about lowering that, and it's gonna catch up to every one of our small school districts soon, very soon.
 amended version.
 When the kids come to the fifth grade, the middle school becomes the center of their life.
 So I understand the point, I get it.
 The presentation that was given to the curriculum committee dealt with that group of students who have, who's getting the one to one, having a different education in middle school than some of these other students.
 Would somebody like to make a motion to that effect? So moved. Wait, could you? Yeah. Slow down. Yeah, but he's saying it.
 we've already made, that's going to continue next year.
 Let's do it.
 Why are we going here? What's going on?
 It becomes the pre-K district for the towns of Oak to approve it, and it operates the union schools.
 Is that going to create more conflict?
 So we're going to have to really be looking at resource allocation.
 separate staffing arrangements and so it doesn't work that way.
 It follows the IB curriculum, which
 For example, if you had two small districts that were running their own transportation system, they might be able to enter into a joint agreement and run their transportation system together. Or facilities management, or some shared staffing, or actually even enter into an agreement to run a school.
 Why don't we have one board for the whole state? All the boards, right, all care about all their kids as equally as we care about ours.
 It'll be a meaty topic.
 Okay.
 It allows that installation. So I was just wondering if that was the case for Browns River. I believe there's a water fountain in there. That's what they hooked them up to.
 was posed? No.
 It's not streamed online, but it can be accessed through the internet.
 One, two, three, four, five, six.
 That's a good point.
 I think
 We have a second in motion also.
 At the beginning of the year, we started buying hot water.
 So this is one of the options.
 And I think the reason I can say it's worked is I think all of us know we're not perfect, but that this school district does a good job educating students, and it does a good job managing tax dollars.
 It's not good for anybody.
 There's no school in the state that spends more over the base amount than Bolton.
 I'm not sure exactly what would happen if the FMMU said, yeah, no.
 There's some members that are on both committees.
 I just find it interesting, that's all.
 I think that as we've talked about professional development, you know, the consistent curriculums in math, the consistent curriculums in language arts are being built in to our curriculum. There's a lot of focus on that.
 I'm not saying I have an answer.
 But really the way the Ed funding system is set up is sort of what and some of the incentives I think are part of it that are influencing and impacting communities.
 I forget what I said about the elective.
 And it was like, oh, look at that.
 And if you all want to change this, I'm fine with that.
 same PTO, the same complaining about things, the same involvement in cleaning up and caring about coming to field days and participating.
 I'm really sure that they're going to want to know does the MMU think this is a bad idea, we should not be doing this, and that they don't want to change the structure.
 I mean, when you have a one district that may have a surplus and it could have been used in some different ways to help offset a deficit in another place, there's some real benefits to that to the taxpayer. And those are some of the hidden, I think,
 Whichever is less, it can't go over $150,000. But none of the tax incentives.
 whether we saved money along the way, whatever the laws were, were really not in the forefront, certainly of my mind, when I saw what we could do.
 Yes.
 When I asked that question, okay, do the towns, the independent districts that are part of the union, do they hold the assets that they hold in 512, they said yes.
 So I have no trouble with the motion.
 And probably, you know, that would be very freeing.
 For me, if the worst thing possible happened, this is something that allows us to deal with that situation better.
 I'll read the sign when I go pick up my students.
 motion against society.
 Let me try one more thing.
 And on the agenda it says graduation credit.
 All right.
 I think we should stay out of it and let them decide.
 Okay, more discussion? I'm not hearing those in favor indicate by saying aye.
 Saturday afternoon, 2 o'clock is the orchestra concert.
 A majority of the elementary boards wanted to, but we definitely want to know what folks think.
 some real snags, which actually I think are constitutionally threatened.
 And that
 But focusing on that for me is just looking at the wrong question.
 So these students are not, these might.
 Not that it's binding, but it gives some historical information for the public and it gives Judy some feedback that she can bring to the executive committee.
 I'm putting those...
 folks know that for some of the merger options the Union merger districts can receive a transitional facilitation grant of up to $150,000 or 5% of the base set amount multiplied by the combined enrollment of the merging districts.
 All right.
 And they should be coming here, and then we could have that little talk that we've been missing. But in terms of moving forward, I would want to know that that was up for the discussion and be present, you know, in my town.
 Yeah, my observation after we discussed the 2017, and then I was listening to what Mike was saying,
 Allah
 And I think right behind them is going to be Underhill Center, and Huntington, and Jericho, and then Richmond.
 However, they maintain their own independent school boards.
 And I have a slide in here I'll get to that shows what some of the savings would have looked like for some of the smaller school districts.
 And so you have this district that right off the bat, they've got to raise the percentage of their budget and their tax rate.
 I'm not 100% sure yet.
 So in the 2012 session, the legislature expanded some of the options and incentives for voluntary school district mergers.
 And yes, there would have to be some reconfiguration. But, and this is just me saying this, and this is from my perspective.
 This seems like an odd camel that's been constructed.
 Okay
 stored, this is an estimate.
 Any other committee reports?
 We're going to offer the course one more time and we won't have to offer it again.
 So this is where I think it could get complicated.
 free flowing.
 Okay.
 would have their own board.
 How can we work together to provide the best education? How can we utilize our resources in the most efficient way so that everybody can benefit to the maximum amount that's possible?
 There are campuses from all over the world.
 I just wanted to say, for those of you that weren't aware last Thursday, John, Mike, myself, and Haley and Connor were speaking with Molly Walsh in regards to the camera issue.
 Those opposed? Abstain? Thank you very much.
 We've talked to the state police, and it could be a local police that could be a useful tool.
 And what's changed? When were they removed? About two months after they were installed.
 My main concern, I know I come off as being very emotional about this, which I guess is true.
 Does that actually show up on the transcript? Because I know if you take French 1 in 8th grade, that shows up on the transcript. It doesn't show up in your grade.
 I'm not saying you support the concept.
 I will agree with that.
 Reverse John Boyd.
 Under drama Stephanie was there last night. She couldn't find it. I think
 know, if we go back out and do another study, people are going to say, why are we doing this? And, you know, just also that people can be better informed about what all of this means, because it is complicated.
 Those who voted for it will by default wind up in a modified red.
 This is if all the towns that belong to a union high school district vote to form a modified unified union school district and the merger is approved by the majority of the towns but not all,
 has to be voted on in every town.
 I understand that this is a very important discussion and that there are people that are very passionate about it.
 It only seems like that.
 There hasn't been from either Cougar House and
 Any abstentions?
 I'm not sure about the gentleman directing the jazz group, but all the others are from colleges.
 It's the modified unified union school district.
 They accept 50 Americans, 25 of which go to New Mexico and the other 25 are kind of dispersed around the world.
 I was in Montpelier today and I had a discussion with a few senators about exactly the thing that Dave Clark was talking about.
 they've done in Burlington with having unique academies.
 Now for the modified union school district.
 which would put them into the category of independent boards.
 that when they enter the middle schools, each of the kids has had this equal education opportunities up to that point. Because they're fairly disparate now.
 I'm not sure.
 for.
 That's what you're talking about, right?
 something to be said about having your element
 It involves a magnifying glass.
 Now I understand why the current freshman grade would have to keep that requirement, but why couldn't we introduce a new policy to the upcoming freshman grade? Yes, that's what we're talking about.
 statewide community that wouldn't work in.
 That's my understanding.
 I understand this allows people, they believe, a voice to do something on their own.
 that those towns don't get the taxes they don't they won't get the taxes they will
 They had to take the basic computer applications course with us that focused on these skills.
 It's been great.
 It can't exist without it.
 can we say if the others if the communities voted for this we can't opt out and we can't opt out but
 Yeah, so the middle schools are moving away from these standalone classes where they're teaching some of these
 There you go.
 When the students came into the high school, they're given their... They tested out of it? They're given their... This is what you get to pass to graduate.
 I'm not sure I'm liking the way you go out of the room and then back.
 I wouldn't want the public to be or misunderstand that those tax incentives are only lasting just for a short amount of time.
 All right, no, but if we formed a REDD or an MUST,
 We're going to make you responsible for everybody who is pre-K through 4 because we think that serves local control or it's the way we've done it.
 The honorary president is...
 And so you've got these districts that are running these deficits.
 We had a good discussion.
 Okay.
 And I feel like having that smaller step is part of what makes you trustworthy for the rest of the town.
 least it does on the computer system.
 So we have the Allstate Music Festival.
 Right.
 if they weren't coming. We did that.
 If we hadn't done that, we couldn't even bring it to the statutory steps, but forming a committee and talking about what this would mean for the districts that merge and what the articles of agreement might look like and what the structure of the district would look like, stipulating that.
 The districts that don't want to, they don't have to participate in the committee, but the vote still has to happen in the towns.
 It's really about the resources and implementation and the differences in the amount of money that can go to professional development and embedded professional development and technology.
 So that's the position of some board members in our elementary districts.
 And if somebody were coming to me and saying, the suggestion is that all of our schools be merged into a Chittenden County School District, or that the Chittenden County School District supervisory unions be arbitrarily reduced by half and that you have to join one of those bigger supervisory unions,
 And that's not a way to effect change in education.
 Yes.
 even though we're representatives of Richmond.
 That would be one district.
 and some cannot, I might just be a very old freshman.
 announcements we don't need an executive session we do we do it should be pretty brief
 comments from community members yes just wondering what the configuration difference would be then between the Campbell's Hub and the cafeteria because last time I was at Campbell's Hub cafeteria there's a water fountain literally with a you know shape of a water bottle and you can fill a water bottle at the water fountain
 This is exciting.
 I think that's premature.
 the camera it was shown that the bus driver went back and talked to the students.
 Do we have a motion? This comes as a second.
 And we get it.
 So it's a very.
 And we're going to have six other communities with disparate resources, different abilities to deal with circumstances, and relatively small amounts of dollars.
 They're eligible for study reimbursements, incentives, and a transitional grant.
 I think that's a good point.
 But to the point of the student that's elementary school was every single year not sure if their teachers would have a job, I think there would have an implication.
 Chris? It's going in the minutes. You've got to have it.
 of the classes here to purchase one of those.
 That's a good example. Chip is the...
 So, drink the milk. They have nothing to drink. And we have to wait until they're completely through our milk.
 30.
 And I think we're getting to a point where we're kind of tired of the financial part and we're really looking at how this is going to benefit our community and our kids.
 Good?
 The students were taking a course in middle school that focused on these information technology skills.
 Students who already have a pass on their transcript because they have to.
 You want to change it, you'd want to sunset it in...
 Is there a second? We're looking for a second.
 I didn't hear the principal step up and say, this is how it will affect our school.
 I do have the problem, I'll start with.
 talk about economies of scale, but that's certainly not on the order. Based on your array, I mean,
 So they will get some benefit even by...
 People are looking at an economy of scale. And it's not just Vermont.
 We're in that no man's land right now.
 I asked, what if one town says no, we're not doing this?
 If you don't have all the schools involved, then that gets limited as well.
 doesn't change whether it's one board for the school or one board for the district.
 So, you know, I think it's important for you folks to
 take computer apps as an elective.
 Science, they would look at spreadsheets.
 The 31st and 1st.
 Thanks.
 As a conservative, there's no explanation on water. Or, like the other schools that I've seen, in terms of water and pups.
 If especially you say that we don't even know that they'll be lower once the incentives go away, right? Right.
 would be the first class that it doesn't apply.
 Right.
 So we met about a month ago with all of the elementary boards, and I showed them most of the slides that I'm going to be presenting to you tonight.
 neat
 If we kept the structure just like we have now, there isn't a ton of money to be saved.
 It would be nice for somebody who is pressed on property taxes to see some savings for a couple of years.
 This is if a majority of elementary school districts that belong to the same union school district,
 doesn't affect Elm Manfield. But it does affect Jericho and Richmond that they were supposed to get a zero or really low interest loan on their qualified school construction loans.
 He's really good.
 Do we have a motion on this? We do. A second? Motion.
 And this is Haley's last meeting.
 Thank you.
 We've given the student body multiple opportunities to voice their opinions on the installation of cameras.
 And then you'll have another district that will maybe be able to reduce the impact of the tax rate.
 And the other piece of it is regardless of how much we've done with the curriculum, I
 consultation reimbursement, the transitional grant, or 5% of the base ed amount really multiplied by the students in both of the districts, up to a max of $150,000,
 It's really, it's quite impressive.
 There are some other options in here. It's almost unidirectional in a way. Yes, but there are some other options in here.
 your point.
 that they do currently.
 I guess a menu, the thinking was a menu might work for more people.
 I think that's a form of corruption.
 So they're in a really tough spot.
 I'll email you.
 Yeah, thank you.
 So the notion that first responders can see whether some distant wing is clear or not doesn't apply. Yes, it does.
 Yes.
 doesn't mean that's not what's best for the kids.
 I've said that over and over again, that we wouldn't see a huge savings. There are some savings that we could not define, and the committee was real clear about that as well.
 There's no longer an elementary school on Upper English Settlement Road or on Irish Settlement Road.
 But it's a great program and I think that a lot of people should hear about it because I kind of heard about it through a fluke.
 real example, sequestration.
 ours is 5'8", so it's middle high.
 Merging would really have a big impact on their equalized pupil spending pretty close to immediately and
 announcements or other business. Ken. John, I just have a question for you.
 The Information Technology graduation requirement will be sunsetted effective 2017.
 don't have the exact parameters.
 I became a little bit of an expert for that thing.
 would need the Sheraton for that I think.
 I can get everything I need done. But we did that to be, I thought, consistent to students when they came in.
 So if it's seconded, then I would want to say something.
 opening date i know it's late may but mister weston you know that
 That's okay.
 Yes
 I have the same question, why 2017, why not next week? It would free up from students' calendars so they could do physics. Which is a great class, by the way.
 But they're still going to have a small school, right, in red. Yes, potentially.
 If one elementary school board decided that they did not want to participate and hold a vote, then this could not even happen.
 School district merger options.
 It just didn't come to that.
 articles of agreement they
 And I believe that's it.
 Okay.
 I'll bring it in June.
 Otherwise, they continue to be bound by that resolution.
 So that was my question.
 I think that the standards and I think the core curriculum will address some of that as well.
 I think this is a danger to our democracy, and I think we need to ask the legislature for a better law.
 There are a number of options.
 So I sent all this as a PDF to folks.
 And through the people who I hear who are applying for my position, I'm leaving you in good hands.
 way the law reads, the majority of towns vote for the red and a minority vote against it.
 MR.
 And it really bothers me that they just don't seem to have the political courage or the educational vision to deal with it that way. Because what they're talking about, they're just talking about dollars and they're trying to move that off their plate.
 and how many members and all of that. It's possible.
 saying that you could support the electorate if a majority of the school boards want to move forward with this merger option.
 I mean, that's just one I know of from the.
 We have to pull them.
 data and I may have a position on that.
 As soon as the room is cleared, we will enter into a brief executive session.
 Thanks a lot, Ailey.
 I'm familiar with some people from those states who think that it was a paranoid mistake.
 There's reason to be wary when state government says, here's the money, this is what we want you to do.
 That's great.
 I guess I wasn't aware of that.
 I understand I'm 60 and not a taxpayer, so you can kind of take it with a grain of salt.
 But I mean if you're going to say they maintain the representation, then I'm presuming they're maintaining their current representation.
 So that's the way the motion works.
 Oh, okay, good job.
 We'll be back in a few minutes.
 We can have a vote. Those in favor of going into executive session for the purpose of discussing a student issue, indicate by saying aye.
 Thank you.
 Spring sports are now in full swing and now even some sports are looking towards playoffs or state meets or state matches.
 want them to go to. They have a lot. They have a lot.
 That's all I've got to do in that motion.
 that there were limits on what they could bring up or support.
 If not, do we have to second this friendly amendment? We do have to have a second on the friendly amendment.
 To be clear, for me, it's not about trust.
 The core of the story is that the
 Part of the reason that I think we ought to be thinking very hard about organizing a single school district that is responsible for all our children and all our tax dollars throughout the communities that are now part of Mount Mansfield School District is that we all have an equal stake in that education of kids from pre-K through 12 being successful.
 questions yes I'm not aware of any
 Yes, is this the one where they could combine also with? The Mount Mansfield Union High School District. No, that's another one great
 It was a county system.
 I'm the admin.
 And it also doesn't conflict or preempt getting the public involved, getting the other boards here.
 Maybe we should focus just on the date.
 So for me the real question is, four years, what would the tax savings be? You know, when the incentives are gone. Are there any tax savings at all? Hard to say.
 I don't know what to do about that.
 town doesn't vote is made by, that decision is made by five people.
 But I think you're shortchanging the district when you talk about the district curriculums.
 It was about two years ago when we had a vote to look at, ask the electorate whether or not they wanted to form a regional education district or a REDD. That did not pass.
 That being of trust, in terms of a 40 year relationship with five towns, that we trust each other to act in each other's interest.
 I think we'd have to cross that bridge when we come to it.
 In fact, we've got one that runs north and south of the whole district.
 I'm sorry.
 That was, I think, at the time that it happened. There's probably no institutional memory here.
 So I think that we're looking at dollars, too, but we need to look at that.
 have a demographic in their staffing that is at a place in their career that their salaries are higher on average than other districts.
 point.
 So do you want me to read the second emotion that we came up with?
 Act I went into effect in 2011 and it very clearly says that the school board of a school district shall ensure that all adults have been trained
 Yeah.
 and it's not in the cafeteria becomes a catch-22.
 One, two, three, four, five.
 I'm glad that it's going away for the kids who really need it to go away, but there are plenty of kids probably, you're absolutely right.
 have to separate what those assets are.
 The Constitution says that elections shall be free from corruption.
 If we have four of our elementary boards that wanted to pursue this,
 They're talking about getting super majorities if budgets exceed inflation plus 1%.
 None of them said that they were against the merger.
 It seems like it was... we're jumping a little too quickly here.
 So each wing would be covered by a camera.
 and we'll continue to roll it out as the one-to-one marches its way forward.
 Because there were discussions about that.
 It's in common areas where because it's web-based, the police can see certain spots of the buildings.
 Do you have information or do you? This actually comes as a seconded motion from the Facilities Committee.
 You do not have a position at this time.
 So thank you.
 Thank you.
 This is any merger of two or more school districts.
 It's very large in diplomacy.
 I think the board
 The point is, is there is a value of having a small unit access for your town to access government, be involved in that tight, local, granular way.
 To me, it's unfortunate in one aspect, because the legislation is looking more at dollars and cents than it is looking at the quality of education. Because the quality of education in the state of Vermont is very good.
 Even if you get a chance tomorrow, just stop by and I'll walk you around and you can just sit in and listen to some. There's not much on the website you wrote about it.
 And then we can, that will be an agenda, an item for our next June meeting.
 There's so many unknowns in life.
 It'll end in 2000.
 from the lunch line, so it's in the cafeteria.
 it automatically deletes.
 I think sustaining 10 kids in a classroom is not possible anymore.
 eight orchestra.
 about the size of my father's hometown of Hannibal, Missouri, which has one high school, one middle school.
 It's kind of like majoring.
 you
 And again, I mean, I talk to you, please talk to you, legislators. This is just
 All the incentives that were read apply to this merger as well.
 We can still choose not to do it, but we do have a choice.
 work that out so we don't have any overlap. I'll pass these out.
 The answer I got was they can't.
 The Information Technology graduation requirement will be sunsetted effective 2012-2013.
 I have 15 students I'm pretty sure would really benefit from this course next year.
 gladly take another course.
 we're voting, are we voting to endorse the reactivation of the study committees, or are we voting to endorse creation of the? I think my recommendation would be voting to
 I'd just like to put a little structure into this so that we can see a conclusion to this discussion.
 So we're no longer assessing these skills, right? We're no longer assessing to ensure that our students are meeting these requirements. We are, yeah. We just... We are assessing. So the way it is, the way
 I don't know about the study, but...
 That was on the front cover, it was pretty sweet.
 It's a bit of physicality, but it's also a state of mind, and it can be expanded.
 have the friendly amendment seconded
 Doesn't mind anybody.
 That's their job. That we talk about as the.
 The conversation about professional development has focused on consistent curriculum from kindergarten, when there were, before there were kindergartens, first grade through twelfth grade, across the district and focusing on the transitions.
 can say, well we've got cave through four under our control.
 Now why, why? Given that we know this community works for our students' grades 5 through 12,
 I just wanted to point out, we're talking a lot of dollars here, too.
 Really tough and there's some other things all along
 And I think for Judy and Diane as to whether or not the MMU board can support school district merger.
 I mean, we every year, and this is an example.
 passing those around.
 I've got to think that if there were cameras that would help in finding out exactly what happened.
 more discussion of that.
 I'm not sure what the goal of us is then. Yes, Conor? Is there something that's changing like next year in the integration with the middle school so next year we won't have 15 students that would benefit from this course? Yes, what the middle school is doing is changing.
 It's an important topic to several school districts in our community.
 and he basically walked us through the educational process for technology. He basically came through
 Recently I learned that the big yellow bottle of water is only available
 It's pushing some of this because what isn't healthy is when you have budgets that don't pass.
 Tonight is a scholarship concert.
 I think we want to know here what the thoughts are of the board.
 There is an accumulation of $550,000 in rewards for research which favors redistricting, which is also paid for by public funds.
 one community for that and we're one community for managing tax dollars
 to do it again.
 We're looking at adjusting the credits.
 opposed? Nay.
 And so it helped to find the facts.
 Cindy?
 I actually went to MMU first thinking it was there and there was just like so many kids outside.
 However it shakes out, I think we will continue to have a successful school.
 talked about at that facilities committee meeting.
 I believe I heard it was 210.
 I think we need another discussion about this.
 I don't know if it's going to disappear as an elective or not.
 And this merger, again, if you had two school districts or three that wanted to pursue this, they would have to, the towns that wanted to do it or bringing it to the electorate
 it wouldn't be fair for necessarily Huntington to be voting on that.
 what it says here.
 We were just discussing water availability for students in the cafeteria at Browns River.
 I've got a few questions.
 Test.
 I can't roll R's. It's a challenging exercise.
 some other options and some joint agreements or mergers of services.
 And then the next year, it looks like they're going to have a tick in their population.
 I've had a really communication with Vol and Ultimus at the Agency of Education and asked some questions about the merger legislation.
 It just seems to me that although I would not want a statewide school board, that in this situation, the efficiencies, the relief of pressure on small schools which are scarcely viable, 68 students, vastly outweigh considerations of locality for the pre-K to 4.
 You may have to do it on a different night.
 Since I've been on the board, which has been since the rightful others, yeah.
 So there are things that are happening that are beyond the control of boards that are really pushing this conversation.
 So if this had been available two years ago, the outcome would have been a red except for Richmond and Huntington, which would have had their normal stores.
 If not, aren't part of the one-to-one initiative.
 People are going to
 I'm just going to keep going.
 Go ahead
 Bye.
 This is very confusing to the voter and creates an ethical dilemma because of the unfair division of assets.
 Okay, I mean it's I just all right
 We have some of our small school districts that are really, they're in a really tough position. And they're going to be forced to either do some sort of merger or, you know, God forbid, in my opinion, you know, tuitioning of students or something because their budgets will be dismantled over the long term because of our ed funding structure and some of the legislation
 But unless you have everyone involved, if you still continue to have some elementary schools that are not part of it, then you don't have the ability to create a curriculum throughout the entire Chittenden East District that would give you a consistent education, a uniform education.
 I'm just confused about procedures, so.
 Okay, I'm happy to withdraw my friendly amendment.
 David? Dave? Sorry, Dave.
 I mean, tell people this is going to be the main article for discussion at this meeting, and we really want you to come and listen and participate.
 They were articulate.
 But for me, if that worst thing happened, this helps.
 Okay.
 I agree with you.
 There would have to obviously be some procedural, structural requirements around what's voted on and what isn't.
 So I'm going to share the details as I know them and as I've learned about them over the last two years.
 May I respond just briefly and then I'll yield or do you not want me to?
 we decide they belong better in the elementary school. If every school district that we have now was part of the unified union. Yes.
 So they have to be articles of agreement.
 We've had two students in the last two or three years who have been accepted to the New Mexico campus.
 We talk to kids.
 I think that'll come from the executive committee, but I know.
 in a way that if it was removed, it's going to be very detrimental to them.
 or just as a peer.
 It is, of some sort.
 By 2017, the graduation year.
 I
 We're not going to use that term.
 All the towns belong to one district, RID, whatever you want to call it, MUSD.
 That's
 I'm just gonna...
 We spent time walking around, listening.
 I don't think that that's something that anybody even, I wouldn't dismiss it.
 But one of them is the, and this is a mouthful.
 I don't know just what will be done to try to change that.
 And so that we could have options for our kids that maybe don't do as well in a traditional setting or would like to be in the arts academy or like to be in more of a sustainability or science academy.
 I'll follow up with Kevin and see if I can get to the bottom of that.
 Okay.
 seven years ago.
 There we go.
 I'm old.
 I think what makes sense for us is to think hard about what really ought to be one community for all those students, whether it's pre-K through 12.
 Who could have predicted that? Nobody.
 and Ken and Michael are talking about two sides of the same coin.
 So I haven't tallied where we are with all of the boards.
 They will, they will.
 She has this year's diplomas.
 Bye, guys.
 So we're going to move to item three of the discussion of the inside security cameras installation at Mount Mansfield.
 To adjust that on them one way or the other does not seem like the right thing to do.
 I've already gone through the proper channels in school here and haven't really gotten a satisfactory answer about why the school can't provide water to all kids at lunchtime.
 We've not rescinded, we've sunsetted a lot of smaller policies that are really subsumed into the contracts.
 I mean, so I would just request when we talk about this and present it to the public or whoever does, that's a really important issue.
 So here's a chart, trying to help you just see a summary of what the reimbursements and the incentives look like in the merger type.
 We put it into, you know, in English class they talk about folders.
 It's on the website.
 And I quite agree with that, that we could be losing some students who really didn't get what they were supposed to in middle school.
 The rest of the town did not come through that school when the school was in session.
 And then they could pursue a modified elementary district, possibly.
 We'll schedule one for May.
 the gold towns, all the multiple formulas. And over time it's changed.
 I'm just wondering the political process where a bunch of towns can force a vote in another town altogether.
 You can't move people around, which has advantages and disadvantages to the teaching staff.
 So there might be some employees that were hired during the school year that haven't had that training, but folks that when we started the school year have been trained. And we can do it again.
 campus that I was offered is in Duino, Italy.
 I think that a vote about this might be misunderstood by the public.
 Yeah, John and I had a discussion about this and one case where the cameras were installed in the buses and
 That's the plan.
 All of our political towns have already formed that one community where we work together.
 And then 4.30 on Saturday is the choral concert.
 They are saying, well, this is going to be forced on the districts.
 do now.
 They were standalone independent school districts.
 But thank you so much for everyone on the board for the experience to help serve with you.
 Reading that, it's really not what that says, but I don't know.
 So there are differences and that does affect student learning.
 And I really go along with what Michael had said earlier.
 says the redditor.
 Requirement met
 Ladies first.
 I don't have many times to go back to the tape to see who started the fight. We don't have many fights.
 I was a member of the red group last time.
 like they have to follow the statutory steps.
 said they all have to have. No, no, I meant in the ones where you had an option of. You're trying to create a majority or. Yeah, of not. Right.
 So you had Stratton paying $19,000 a kid and Whiting having $3,000.
 Oh great.
 There are
 reading it says if all the towns that belong to the district vote.
 I think that would be so important. The only thing I fear if we go right to a study is that we lose these bigger voices because we consolidate down to a smaller group.
 It's not really a red.
 Isn't there just some way we can get rid of this requirement and grandfather them in? They still get credit for it, it's not taken away.
 It's your choice.
 What year are we changing it to? 2013?
 I'm just wondering if the configuration is different. I don't know if they have one of those automatic water dispensers.
 So you never turn them off.
 next year seniors. I'm already up.
 even a straw poll to say that if a majority of the school districts, elementary districts want to pursue a modified union, a unified union school district that the board would not be lobbying against that or that they could live with that.
 none we will approve them as written and
 I know that I will be coming back on some breaks and I'm hoping to try to organize a way that I can give kind of a pitch to the student body after.
 This is something a school district wants to do.
 The Plainance Committee has been scheduled for that for almost a year or so.
 Those are the things that I think are the big benefits from a merger.
 that in school, the Mount Mancefield.
 It did not pass in Huntington and it did not pass in Richmond.
 19
 If we went to an MMU-USSD opportunity, would that also allow us to determine the placement of fifth graders easily? Can we say that fifth graders belong?
 still not clear about really what the formation of the district would serve in that case of the modified Union School District. So we're not going to save a lot of money. But you're saying that the reason to do this is because of these sort of impending financial
 So to me the real question is does it make sense to have this Mount Mansfield community really assume responsibility for all our students so that we really are not divided in that anymore. So that's the way I look at it.
 So they're going to have interest that they have to pay that they didn't know about.
 Why 2017? Why not earlier? Because those kids have already met the requirement.
 So the question is, why can't that happen at Brownsville Middle School? Saves money, cuts waste. Reasonable.
 Right, yeah.
 So just to go back to the date.
 would give the state police a
 So those in favor of cabling the motion as presented indicate by saying aye.
 I just don't see this, the town, this for the school.
 You could support it and support bringing it to the electorate if a majority of the school districts, elementary districts, want to pursue this.
 I withdraw from them.
 So it's not being directly assessed as a hang-alone grade, but you can't complete the assignment unless you can do it.
 I think it's called a single play
 There's some semantics here, but support a merger, the formation of a merger committee, a merger study, if a majority of the elementary school boards want to move forward in such a manner.
 There's no way that would work in New York at any level, at any subset.
 I'm gonna go to my ass.
 And then also you lose the ability, you know, from the aspect of, you know, like sometimes you have to reduce staff in one school and, you know,
 You are your standing board
 I buy the sign every darn day.
 Is this currently embedded in all of our sending elementary schools curriculum?
 Keep going.
 Everybody.
 But if it's dissolved and this is his new start then we can know I did it was
 opposed to the rest of us. That's all.
 And that's really what would be my goal to pursue this because I think that we're missing a lot of opportunities to improve how we think about educating our students and also to be efficient in that as well.
 still hold the asset.
 the districts that participate in this vote would have to say that they want to be emerged or else it doesn't happen. That's correct.
 I don't know who's Allison.
 We still have disparities on how we reach our kids.
 One of the big 10 schools, I've suddenly blanked on it.
 They run away from it consistently instead of looking at some sort of broad-based income tax.
 I never actually gave that any thought.
 I
 to what you know how many instances have there been when you would have needed these things?
 Yeah.
 The reason was it was presented somewhat shortly after Newtown.
 do we shift resources? We just take them out of high school to keep those little ones afloat, or we close them, right? I mean, those are the options.
 I'm going to ask that question today to Vaughn.
 dealing with individuals.
 I want everybody to pay close attention.
 I'm happy if you want to change it just one.
 BRENDA, JOHN, WE HAVE TWO.
 I don't know what you said, Cindy. Yeah, he did a good job of repeating it, I thought.
 The most important part I would say is really, for you to focus on what would probably make the most sense would be here and here with the non-red.
 Yeah.
 Okay.
 But it will be installed in the cafeteria?
 I don't want it to be surveillance, but I don't have an issue with it as being an arbiter as to what really happened.
 We wouldn't see a huge savings in the overall budget.
 And we could still make decisions on towns that eventually will impact the board that already is in the state.
 Technically, I think if the majority of the districts wanted an option, especially one of them,
 When you do come back, we will...
 did check that out.
 I don't know if you're familiar with the US.
 was in one of the corridors.
 Okay.
 I move that we go into executive session for the purpose of dealing with a student issue.
 I'm not
 Is it time to ask questions or do we wait until the end? You can ask as we go along. It probably will be helpful because the information is dense. There's a lot to it.
 That's certainly.
 I think that's a really good point.
 voting would be done town by town by town.
 And I understand that that's not going to be changed in the next two years, but that's the question.
 would still contain it at two members but in the new board a town may only have one member that may be of equal size.
 And I think that's a good thing.
 Not if a majority of the school districts want to pursue this.
 I would say it's the resources that are different.
 First, thank you, Allison.
 I think the public needs to hear that.
 Well, they have to do
 It's there because we
 Okay, and we are eliminating number four.
 One of the issues I see is the fact that unless you have all the elementary school boards involved in the district,
 If you vote no, you're entitled to vote against the MUSD, still participate in the MUSD by sending children to the municipals, and are represented on the school board.
 Well, somebody called him mud today.
 I'm on the website too, and I'm not bribing anyone.
 I know that this discussion is sort of free-flowing and everything.
 Oh, OK. I thought you meant that was the start of it. Starting next year, they won't need to do it.
 In that seven years, how many occasions have there been when having those security cameras there might have been useful? I'm not sure. Because without them, we have to use other methods to try to figure things out.
 I just want to be sure that we don't create that.
 shows up as a requirement met.
 that might be the focus or, I might be wrong, but it seems like in Bolton, that elementary school is central to their community there.
 with that message to the executive committee.
 We're going to put in seven-year-old cameras that still work?
 not an unusual or unreasonable request.
 And maybe Mr. Westman can say that through lunch with administrators, the only thing is they're saying questions about where would they go, when would they be used, how long, just similar questions that the board has been asking.
 And I think that's a really important point.
 kind of the magnet schools that could teach in a different way, that could meet different needs.
 As...
 folks directing are all.
 What drives me though to reach the conclusion I have is that I kind of think this Mount Mansfield Union School District is in some respects the Just Right size.
 I've heard somebody call it mud, but.
 There are very few students we're talking about.
 Are there additions or corrections to the minutes of the previous meeting?
 It would be a simple matter of buying enough art and clothes.
 goes to what Allison was saying.
 I'm already two next year.
 We're going to change the agenda a little bit because Linda has graciously offered to house some of the music students and has to go and pick them up.
 Excuse me.
 I think it's just an observation.
 We also brought it to the executive committee and the executive committee really asked boards if they would talk about it and their local boards to see if they were interested in pursuing some sort of a merger.
 Yeah, they don't give us much.
 with the incentives and
 And really want to have the ability to provide all of them with the opportunities and provide all of the efficiencies that I think are in that model. And that's really what drives me in all of this.
 And then you have another district in the same SU that is going to be running a surplus.
 I appreciate it.
 was the community.
 That's what happens.
 I mean, those are the things to think about.
 Yeah, it's a nice building to use for the rec league at night, and for your meetings, etc, etc, etc.
 And that would be important. And I'm glad to see that it's only about 15 students have
 So we have the right, or we should be attending those elementary school board meetings because we are town taxpayers and we can.
 With the one-to-one rollout this year, we designed to make sure the students knew the skills when they needed them. We didn't have to wait.
 There's a $150,000 transitional grant for some other merger options and $5,000 for early exploration or feasibility studies for two districts that might want to merge but don't know if it's viable.
 It's something that's going to be a part of my life.
 And then you would have two that didn't they
 I think the two years in Italy will be worth it.
 I think it's a model that we know can work on all of our political things.
 It's outstanding.
 and make you do this in some fashion if you don't do it voluntarily.
 And so there would have to be a separation between the 5-12 and the pre-K to 12.
 I would not like to see us get in the situation of the classic, Mommy, can I go to the store? Ask your father.
 and there was an allegation made that students had been shaken or touched on a bus.
 Alright, good.
 Have we done that? Yes.
 I was recently just accepted to the United World College program.
 I actually went and talked to principals at the schools and brought their opinions to
 It wouldn't have to be a full-blown governance study, but you've already done that.
 Yeah.
 You're up.
 day-to-day stuff. I mean, I'm going to knock on wood, we have great kids.
 because they're represented.
 It says if all the towns have belonged to the district vote. Well, they all have to vote.
 affect student success over the long run.
 This always for me was about how we can expand the opportunities for our kids with these small schools set in separate spots.
 What Mike's saying is really one year.
 the 2012-13 school year.
 MS. NULAND I just want to say that this is just really, really important discussion and that if we do nothing else and if we have to schedule another hour so that everyone can really delve into this and express their opinions, express their concerns,
 The red is on the top.
 school or whatever.
 We looked at it. There isn't going to be a windfall of money by merging and the structure that we have right now. Yeah
 even by holding their independent or maintaining their independent school district.
 I just think it's, yeah. They don't have to participate in the committee or they can.
 I was arbitrate.
 I get it from the hearing today.
 to talk with Chip and see if we can't get the strategic planning meeting moved.
 What I see as the benefit is expanding some student opportunities for students, flexibility in the way we use our building.
 But because all of these elementary schools do eventually funnel into this one board, the decisions that are made on these local towns do eventually impact
 I haven't talked to Mr. Wasserman about that.
 For example, if four of our elementary districts wanted to merge, they could, but each one of the districts, the town would have to approve it.
 I guess it's in point of order.
 the words
 So I
 experts with cameras say once they're on, they're always on.
 15 or 16 students, are they all seniors? In which case, there's a lot of them.
 skills and what we've done is we've embedded them into rubrics that are actually happening in math and social studies and science and language arts.
 you or your designate by anyone who's got anyone who's got a password we could break. The password essentially would live with the two of us and I assume the state police would
 And it takes precedence.
 as soon as I've showed.
 water to all the kids who are thirsty, including the kids who are bringing lunch from home.
 So I think it's just an important thing that people, that the public knows when we discuss it. That's all.
 Well, some of the legislature is perpetuating it, for sure.
 I feel like in a way that's kind of arbitrary, because if we follow that train, that argument to its final conclusion,
 And while I haven't seen the final end of year estimate, but MMU is probably going to have a surplus.
 did pass in four of the six towns that did
 protected.
 So do you want to go to 26 students or 30 students or do you want to have class sizes of 15? Those are some of the questions, or 14 or 13 that we're going to be grappling with over the long haul.
 So the question is, where do we extend the trust? Are we going to trust that we're going to, this board or any board is going to work in the interest of all the kids based on an existing bond? If we didn't have that, I think it would be, this would be a massive leap, but we're in that,
 specific question today.
 And that was pointed out as one of the advantages.
 it became part of the instruction of the material.
 To support
 It's 31st and 1st.
 Parents who have kids in the school when the kids are in the school is the center of their life when
 I mean, but it's been seconded. I'm not sure.
 Do we actually have the opportunity to say we would not participate? I mean, being the local high school and middle school, as it were,
 workspace.
 I think the greatest frustration with our organizational structure right now is we don't sit down as a community and talk about these issues with pre-K.
 they would be sitting members on that board as well, which is what it says right here.
 I've got more.
 to take that to the executive committee from this board and say that.
 Those opposed? Those abstaining? Thank you, Cindy.
 doesn't mean, I'm just saying they should be the ones to decide what's right for that.
 It is
 So it's pretty important that if you say we cannot live with a modified unified union school district, that Judy brings that back to the other elementary boards. Because potentially what could happen is that this board could take on some pre-cated four school districts.
 The President is there now.
 Duvall
 And there has not been any organized opposal.
 I'm going to make a suggestion that we table the Vision 2.0 calendar for our next June meeting.
 It was a harassment case where there were two very different stories.
 in a school in Virginia.
 instead of sticking with something that was created around in the middle ages, you know, in terms of how we fund education.
 It sounds like it really is the case that all the elementary school boards would really merge with this board rather than, specifically, rather than just all the boards are merged together.
 So maybe it comes out in the wash, but it really makes it, it's getting more and more difficult for our small school districts to present budgets that don't look like there's a huge increase in the rate, tax rate increase from year to year.
 I think I have read that some of the Bolton kids were coming into the middle school less prepared.
 He said so moved, I'll second.
 And I included this slide just as an example of what it might have looked like with an 8-cent tax incentive.
 Which is a great class, by the way.
 Just give me one more year with it.
 So the second is, right?
 I really need individual teachers.
 So
 potentially.
 No. Okay.
 like to invite you to come and tell us about it.
 If they want to form a Union Elementary District, they can merge and voluntarily.
 which would, I'm just trying to clarify, and that would essentially just address the tax issue. Okay.
 And because we're the size that we could have all the students that would become part of this one group come together realistically,
 Technically, I don't believe so.
 hasn't been installed yet.
 as long as the review of what they're recording only occurs in an emergency or for using to ferret out what the truth of the matter is.
 Any questions or objections to the words as presented? We will approve those.
 I think that's a valid point for us to think about.
 Okay.
 I mean, that's the question that needs to be addressed.
 So isn't it possible then that the representation becomes disparate as a result?
 Mm-hmm.
 Thank you. Congratulations.
 It's a student issue.
 Thank you.
 I agree with Diane.
 And I think it probably would have helped us find the truth in that particular situation.
 it comes to the second motion I don't think we need we don't have to have any approval now we can just discuss and and then vote on it yes
 we know they've met it.
 I'm gonna go get my parents.
 They should have it I had the opportunity
 would have to do with a
 I'm sorry.
 The curriculum is common and pretty solid and it has been for the last several years.
 What some of our board members are also saying is this, that their community voted for it, and they have a duty to bring it back to their electorate.
 Whether or not my community has voted for some form of a unified school district, I still believe that my real community, which is the Mount Mansfield School District, because we really are a community dedicated to educating all of our children together and managing all of our tax dollars together,
 Do we have a vote on it?
 So John will get back.
 Right now it is a requirement of graduation.
 It's been seven years.
 I'm out.
 That's really cool.
 you said our board is in a voting unit well it's it's not a voting unit in terms of
 But to your point about if you take the same logic and apply it to the state, I think the education that happens in Rutland doesn't directly affect Mount Mansfield.
 I think I don't
 Now I don't know of what research is available that we can find, but I'm working on it to find what has happened to the quality of education in some of the states that have already done redistricting, like Maine and Massachusetts.
 I share some, not all, but some of Allison's instincts about this.
 Next page.
 I don't want to divert you, but I do want to comment on your example because I think it's something we should all think hard about.
 But if a majority of the elementary districts wanted to pursue this, then one town couldn't say, we're not going to hold a vote.
 And it did bind them to a, to a, specifically limit them, I believe, but I'm working from a faulty memory.
 We're going to need to trust each other.
 Okay
 have some small lobbies in different parts of the building.
 I'm not sure what tennis, does it state match?
 Yes.
 I didn't hear any of the principles.
 I mean, I think probably people might still come out and vote.
 If you have a central school district like Burlington where you have a number of elementary schools.
 Here's what the bolt count is.
 is that, correct me if I'm wrong, Ken's...
 Whenever I see this, I always wonder, these tax incentives go away in a few years.
 One is the sunset date and the other was an elective issue.
 We have a ton of senior stuff that's coming up, but it doesn't really apply to everyone.
 My one concern with this is once it's no longer required, some students who may benefit from taking that course will choose not to take it.
 I feel like my education, where it got me, how involved my parents were in the community, how involved we were with the school, was the same.
 I was even thinking about a massive meeting of all eight boards.
 One, two, three, four, five.
 The only thing is, yeah, if kids are not allowed to leave the cafeteria.
 Having had a student that was in AP classes and was told in senior year never pass the keyboarding exam and had to take that.
 Here's a link.
 Okay.
 and my concern is about water.
 It's bus drivers, cafeteria workers, everybody in the district.
 That was probably a bold experiment for those people because they were getting together outside their towns to form this district. But it's work.
 I'll give you another example.
 So those are some of the things that they're influenced by that they don't really have any control over.
 And all the other school districts, or at least the majority of them, said we want to
 populations change, transportation corridors change.
 So that would be 9.
 Because every main, every main, every point. So they would point down the wings. Right.
 And we're having some in-service time in June for all ninth and tenth grade teachers to continue this.
 Now we are back to the original seconded amendment which indicates this will sunset in 2017.
 In some ways it would make their life more efficient and help them to focus more on what's going on in their school instead of what's going on at the board level. Well, you know, I asked Cindy Mack at the time to speak up and she said that she's not been asked to, so she won't.
 Wouldn't it be that the elementary schools are the ones who have to decide if they want to go ahead?
 When you use public funds to reward people who vote for a certain agenda, that's bribing votes essentially.
 Two boards can't say we're not going to hold the vote in the town.
 And you understand that when you have a small budget, there's volatility. And there's volatility based on a few kids that move in and out because of head spending per equalized pupil.
 But they wouldn't
 It's my understanding, it's different than a red, that the board would remain as it is.
 And there is also a benefit to what you're saying where we come together as a high school and we share things and we go back and forth through our time.
 You know, to compare us to other states is unfair because we do a much better job. And yes, it does cost more money.
 He doesn't have time.
 and a union school district merger.
 The idea is to bring everyone from around the world together that are leaders and give them an academic atmosphere to really further develop.
 And you both deserve a lot of credit for doing that.
 Thank you.
 So if there was a threat and they knew where it was, then they can go directly to try to eliminate the threat.
 after discussing at our committee meeting, getting the feedback that we had asked for, and that we are, as a seconded motion, bringing forward the ability of the high school to reinstall the cameras that they have.
 I think that should be stated in the minutes.
 advanced math, physics, and to be determined.
 So one of the new options is a Union Elementary District.
 Somebody that has followed and been involved in school district budgets for the last 15 years with boards I think
 or eights, whatever is left.
 I'm a big city kid, but I have some small town experience, and I think the population of our five towns is on the order of what, 17 or 18,000? Right around. Okay.
 That does not apply to someone.
 The one in Campbell's Home is probably the opposite.
 It's around 20 days.
 People came with that.
 based on what happens at the legislature.
 That's why we didn't push for it to be immediately, but that's what folks want to do. I'm sure those 15 kids would
 I have a clarification question.
 I guess, where are we going? I mean, this could go on for a long time, and I'm not as young as I used to be.
 The skills in this class are currently being embedded in the K-8 curriculum.
 I am worried probably not losing all of them, but losing five of them, because when they find out that they don't have to take it, they won't.
 I think that puts us in a unique position to weigh all these factors.
 We talked about having facilities in May as well.
 Conversely, simple as that.
 There's a big movement in the
 to earn voluntary merger reimbursement.
 MS.
 There was a time when it was a very difficult transition for kids going from elementary schools to the middle schools and the middle schools to the high schools.
 That's really the important developmental age and then we'll allow it to go to the greater common good, if you will.
 I think something that was missing from the previous discussions of the red were the comments from the principals.
 Yeah.
 those in favor of the amendment as read indicate by saying aye.
 So now it is a friendly amendment.
 But we have prom coming up on the 18th.
 I'm not sure.
 I'm not sure you have a real direction. So do we need to take a position as a board?
 Mike Weston, Eric, and Jen Botsijorns brought to our attention that this requirement is really no longer relevant.
 And so now, only milk is offered at that luncheon. And even though the price has stayed the same,
 I came to mind, and we didn't even really know about that, was the incident that happened at Hirewood Union, where
 back to the motion that was originally presented.
 Sometimes called Mark.
 Tonight the purpose of this is to get some get some directions from the MMU board and
 That's a big deal that would help a lot of our students.
 I wasn't able to attend, but we have the committee assignments.
 We have one community to handle everybody grades 5-12.
 And to merge the districts would help the students.
 I wouldn't say defend, but really outline some of the things that Bolton can't control.
 Okay, I think the eyes have it, clearly.
 I mean, I don't have any objection to these cameras being turned on.
 they refill their own water bottles from those pictures? Would that be all right, too? I can't tell you that, but they need to have the water.
 it's really a graduation requirement.
 I have written a little piece on it, a one-page piece on it, that I wrote a little while ago, but I'd like to point out a few things about this law.
 For over 40 years, all of our communities have formed one community for the purpose of educating our children between grades 5 and 12.
 year after year. That's not healthy for a school community. That's not good for your property values.
 Tomorrow night, 7 o'clock, is the jazz concert.
 Technically, I don't believe that they could stop a merger if
 This is what we've come to. Underhill Center, hypothetically, merged into a district and they wanted to start a public preschool.
 they're still represented.
 would have to pass in all those towns for it to happen.
 The reason I think we need another discussion is A, so that we can get the public involved.
 $10
 I don't know.
 So we've had like 400 extra kids in our school, which is cool, but I don't know.
 It's just a smile directed at the elementary boards.
 So what
 different about MMU? This was something that came out of the you know the January 3rd facilities committee.
 Every year or not every year, but often we'll have a school system one of our districts that they They're on the edge of whether they want or they need a RIFA teacher or not and they're looking at the next year and
 folks asked a lot of questions.
 My cousins tell me it works just fine the way it is with one school board, you know, for 18,000 people.
 Thank you.
 I'm going to be referring to Act 156 tonight and it offers some supports for supervisory union mergers and some joint agreements between two or more school districts.
 I don't know.
 Hello.
 There's extensive amount of damage, not to mention the impact on the educational program.
 Yeah
 Yeah.
 These are students who don't have.
 If we take a poll or a vote, is it a binding?
 And we'll go to it.
 Richmond is probably in the best position right now.
 This allows for the creation of something that would look like a REDD, a pre-K-12 district, but also allows the districts that don't want to participate to hold their independent boards and still maintain their assets in the Union School District and representation on the board.
 Okay.
 The conversation has been about professional development.
 That's not even my real name.
 so that we can get some public feedback on this because it's going to be a contentious issue.
 I'm sorry.
 The person who seconded also has to withdraw their second.
 And I'm going to go ahead and close the meeting.
 either in losing one of their hometown assets, which I think you're not interpreting the law the way it says, or in taking assets from the neighboring town.
 But they could still vote no yeah, they can vote no we
 Excess spending threshold is it is punitive
 And they would have to follow a lot of the statutory steps or almost all of them that we did in the red.
 The American campus is in New Mexico.
 because here's an example.
 And then hopefully we can have a discussion and see what the thoughts are of folks on this board.
 I don't think anybody's in charge.
 of four are the six words, then no.
 In law enforcement as well.
 Any questions for the Facilities Committee? What were the cameras used for before? They were installed and there was enough people objecting to it at the time that they were removed from the interior areas, but they were still kept in the exterior to help cut down on vandalism with the buses.
 I think we have the wrong legislative structure in which to walk.
 But I want everyone to realize what amazing student reps we have.
 Listen anytime on the BMC Podcast Network on SoundCloud and iTunes.
 She mentioned how the results of the study called Age-Friendly Belmont support the COA findings about how many seniors are struggling in the town.
 The list included many of the annual events the bank sponsors, which helped bring business to Belmont Center, such as Town Day and Turn on the Town, the Beca Pisa Run Payson Park Music Festival, Cushing Square Fall Festival, Belmont Porch Fest, and much more.
 Dee makes the ganache filling for all their truffles, cutting and hand dipping each one.
 Belmont World Film's 18th annual international film series, Making Peace, will run for five Monday nights through April 29th at the Studio Cinema in Belmont with films beginning at 7.30pm.
 Thank you, Bob.
 Yvv Vogel mentioned that the group has advocated for an additional social worker to better treat and follow up on these cases and provide outreach to students who are residents who are quote under the wire unquote.
 Becca Peser is one of the stars who has been taking lessons donated by Fred Astaire Dance Studios to prepare for the event which takes place Friday, April 5th at 6pm at the Beach Street Center at 266 Beach Street.
 Mahoney will stay on board to assist with the transition until December 31st.
 It's a passive use that will create an enormous benefit to the community, he said.
 Belmont Housing Authority Director Jackie Martin spoke about the lack of apartments for people with mobility problems.
 The location we chose in Cushing Square is ideal because it was not too big and has many other popular stores around it," said Jim.
 Belmont World Film will present The Heiresses, directed by Marcello Martinsi, at 7.30 p.m. on April 1st at the Studio Cinema 376 Trapello Road, Belmont.
 Armed with his feedback and inspiration, I finished the story," said Reimers.
 The final three options being considered were open space, a bike and skate park, or solar.
 He said he had never imagined that this simple book could bring joy to children spending extended periods in hospitals. Then some of my students and associates who are heads of schools around the world adopted the book for a project in which high school students read the book to younger children and then exchange essays on what they learned from the conversation with the little ones, Reimer said.
 AARP is a non-profit, non-partisan organization dedicated to helping people ages 50 and older to improve their quality of life as they age.
 Dash said the bike and skate park is a great idea, but the town can barely take care of the parks it has, and could not afford to maintain it.
 The result of her questioning was that all of the agencies represented at the forum were united in their view that more social service is needed and that having an additional social worker would be a boon for the town.
 However, they too are not in a position to provide the appropriate follow-up.
 Over to you, Bob.
 Firefighters also feel that there are few resources to follow up on the vulnerable elders that they encounter.
 He recommended Belmont get priorities straight and develop a tangible action plan.
 If you do it by being a great place to work and by being a great place to bank and being a great neighbor, they all go together, he said.
 Tick Tock Chocolates is owned by husband and wife team D and Jim Chaplin of Waltham.
 Refreshments will also be served.
 Thank you, Max.
 On March 7th, the Belmont League of Women Voters held a forum.
 The values are illustrated through the stories of Philomena's adventures, said Reimers.
 Reimers, who specializes in education policy, became inspired to write the first book in his series one day when he was sitting at home in his kitchen grading papers and Philomena was staring at him from her cage.
 The signs for Belmont Savings Bank's six locations in Belmont, Leonard Street and Trapella Road, Cambridge, Watertown, Waltham and Newton will be replaced with People's United Bank signs over the weekend of March 30 and 31, in preparation for the day the sale officially closes on April 1.
 Nash said although Belmont is land poor, he did not think using the site as open space would be a good option because it will still be used by public works for storage and wouldn't be the most bucolic place to spend an afternoon.
 Patrick Sullivan, People's United President of Massachusetts and Executive Vice President of Commercial Banking, said that they will be involved in the community as much as Belmont Savings has been, and will continue to sponsor Town Day.
 series takes flight thanks to Local Parakeet by Joanna Kate Cervulles.
 Her dream was to open her own chocolate shop, but was not able to fulfill it on the limited income from food services work.
 Participants can create their own Peeps diorama out of marshmallows.
 The Belmont Council on Aging received an $8,000 grant from the Tufts Foundation to develop a plan for an age-friendly community through a study from the University of Massachusetts Boston Gerotonic
 And now on to Claire.
 She is the main character in a series of children's books written by Belmont resident and Harvard Graduate School of Education professor Fernando Reimers, The Adventures of Philomena.
 According to the Business Journal, the deal is expected to close the second quarter of 2019, making it the eighth largest bank in the state by deposits.
 Joel Samuels, moderator of the event and an attorney and former general counsel of the State Executive Office of Elder Affairs, spoke about the Friends of Belmont COA and their role in the community.
 The first book focuses on empathy, on the importance of developing the discipline to see the world through another's eyes as a foundation for understanding.
 Selectman Chairman Adam Dash said the board will continue its initiatives to help Belmont seniors, such as increasing the amount of the senior tax work write-off, lowering the interest rate on the senior tax deferral program, and passing zoning to allow assisted living on South Pleasant Street.
 They have funds to install fire and carbon monoxide detectors and frequently go into homes for safety checks or to assist in health emergencies.
 We have a bank that has such input into the overall town's success is a tribute to you. Mahoney said that the mission statement written when his journey started with the Belmont Savings Bank in 2010 was to be the most admired bank in the region.
 Home on Savings to Become Peoples United by Joanna K. Zavalas.
 111 Trapella Road in Cushing Square, directly across from the Bradford Development.
 Voting will start at 3pm. The competition is open to all ages and prizes will be awarded to 1st and 2nd place winners in the Child, Teen and Adult categories.
 Thank you, Claire. Belmont League of Women Voters holds forum by Susan Schulman-Pollitt in consultation with Bev Freeman and Nava Nivvogel.
 The fourth book focuses on inclusion.
 I remember wondering what she saw and what sense she made of it, and I wrote a few paragraphs describing how the bird might see her cage and my kitchen," said Reimers.
 Connecticut-based People's United Bank announced on November 27th it is buying Belmont Savings Bank for $327 million, according to the Boston Business Journal.
 Also, Dash said the appraised value of the land would change if it was developed by a third party to generate revenue.
 Since the announcement of the acquisition, the bank's stock has tripled, according to Mahoney.
 She's experience includes working at Blacker's Bake Shop in Newton, Debra's Natural Gourmet in West Concord.
 The Belmont Youth Commission will hold its sixth annual PEEPS diorama contest.
 On School Street near the Burbank School lives a famous parakeet, Philomena.
 Judges include Jimmy Tingle, founder of Humor for Humanity, Sylvia Whitney, acclaimed USO performer, and Frankie Selley, the former owner of Frankie's Fish in Belmont Center. Former radio personality and singer Kandio Terry will be the master of ceremonies.
 The report was completed in March of 2018. And now on to Claire.
 Originally from Venezuela, Reimers has lived in Belmont since 1997 with his wife Eleonora.
 Belmont Savings, NASDAQ symbol BLMT, has $3 billion in assets to People's United's total of $44 billion.
 Those who remain then bear the consequences of a more shrinking social network and isolation.
 According to Reimers, each of the books is focused on values or dispositions which foster inclusion.
 Nava Nivogel, Director of the COA and first speaker on the panel, enumerated on the ways the Beach Street Center and COA are available to the community.
 Just search for the Belmont Media Podcast Network.
 Tick Tock Chocolate specializes in handmade chocolate truffles, chocolate bars, chocolate-covered pretzels, and pâté de fruit.
 Although it takes place in Paraguay, the basic issues are universal.
 is such an important part of the town," said McJaney.
 And now on to my colleague Claire.
 Leah Vogel referenced the Safe and Healthy Planning Group, an interdepartmental group that meets regularly to discuss and problem-solve around complex cases of seniors at risk.
 Ten local celebrities are participating in Dancing with the Belmont Stars to benefit the Belmont Women's Club, the organization responsible for maintaining and restoring the 1853 William Flagg Homer House, known as Belmont's crown jewel, the historic home which sits on a hill at 661 Pleasant Street.
 It has 400 branches in New England and 140 located in stop and shops.
 Belmont Light General Manager Chris Roy said,
 there are many social services needs, interpersonal conflicts, and issues that they cannot address.
 The Burbank Elementary School where Reimer's sons went is depicted on the cover of the first book in the series, The Story of Philomena, illustrated by Russian artist Tanya Yastroba.
 Their truffles are a bit bigger than their competitors and less priced," said Jim.
 Belmont World Film to present The Heiresses.
 After nine months of public discussions, which began with a list of 17 potential post-closure uses for the former incinerator site on Concord Ave, the selectmen on March 18 voted unanimously in favor of a solar farm and battery storage.
 As a member of the age-friendly network, we will have access to support and resources from other communities and will be privy to the best practices and get great ideas," said Niv Vogel.
 When he was leaving the hospital, one of the girls asked him to write more stories because she had enjoyed the book.
 Josh said he thinks solar and battery storage is the best option because it would have the lowest impact on the neighborhood and help the town meet its climate action goals.
 The audience expressed a wide range of concerns, such as unwieldy trash bins, taxes which are out of reach for seniors, unsafe sidewalks, limited transportation options, and a shortage of affordable housing.
 They typically refer the elders to services of the COA, to Springwell and McLean Hospital.
 I am really enjoying knowing that high schoolers in the U.S., in India, in Dubai, in Colombia, in Mexico, are communicating reflections about discussing values with little ones.
 many residents unaware of the services available to them and don't feel connected to it," he said.
 There's a new chocolate shop coming to town.
 Diagrams should be no bigger than a shoe or a boot box.
 The Elmont Savings Bank Foundation will remain independent after April 1.
 The age-friendly movement is an acknowledgment that it's not necessarily about spending money. It's about looking at the truth, that you can have a budget, and if you can take those same dollars and direct them in ways that are appreciative of these needs, then you effectively are creating this age-friendly movement," said Festa.
 Is it crucial to expand support and services for seniors? There were over 50 people in attendance.
 One of his graduates runs a literacy program for hospitalized children in Mexico.
 I drew great joy from reading their feedback and imagining my former students reading to their children the way I had read to my sons when they were that age.
 The bank currently has just under 50 branches in Massachusetts, including a significant number on the North Shore and in the western part of the state.
 The previous tenant was the Green Light, which quietly closed its doors last year.
 Dee began making chocolate goodies for friends and family about 14 years ago.
 Thank you, Bob.
 Sullivan has been with People's United for six years and has 40 years of banking experience.
 If we're all so lucky, it is the one group in town that we will be able to join," he said.
 Back to you, Bob.
 The Lamina, the family pet, was purchased from Belmont Pet Shop 12 years ago.
 Erin McJanian, owner of the toy shop in Belmont, ran through a long list of all the contributions Mahoney helped make possible in his role as the bank president and through the Belmont Savings Bank Foundation.
 He cited some key statistics which illustrated that at least 13% of Belmont residents are over 70.
 This second book focuses on friendship and on the Golden Rule.
 It can also be heard Mondays and Tuesdays at 4.30pm and Wednesdays at 12.30pm on Channel 9 Xfinity and Channel 29 Fios.
 The incinerator site will be used for solar.
 They became incorporated as an LLC in January 2008.
 The film was Paraguay's 2019 submission for the Best Foreign Language Film Oscar. Ximena Casante Matamoros, a queer rights activist and spoken word poetry performer originally from Costa Rica, will lead the discussion following the film.
 Assistant Police Chief James McIsaac, the second panelist, reviewed what his department does to support seniors.
 Other celebrities participating include State Senator William Brownsberger, Middlesex District Attorney Marion Ryan, two-time world champion, two-time world marathon challenge champion Becca Pisa, Town Clerk Ellen O'Brien, Cushman, and Selectman Vice Chairman Mark Paolillo, and Council on Aging Director Nava Niv-Vogel.
 Tick-Tock Chocolates are Coming to Town by Joanna Zavalas.
 She returned to her former employment as an engineer to increase her income with the end goal of starting her own business.
 Thanks, Claire.
 Susan Schulman-Pollitt, social worker with a specialty in working with older people and their families, was on the panel to ask follow-up questions of the speakers and provide a wrap-up of key points made at the end.
 The anaerobic digester and hockey rink were eliminated as options at the February 25th Selectman meeting because a letter from the Division of Capital Asset Management and Maintenance, DCAM, said if the town were to pursue any commercial development of the property, it would first be necessary to obtain amended or new legislation that would allow this to occur.
 Jim helps decorate the truffles and is responsible for prep and cleaning.
 Now over to Max.
 Belmont enters AARP Network of Age-Friendly Communities by Joanna K. Zavalas. AARP's State Director, Michael Festa, presented Belmont Council on Aging Director, Nava Nivfogel, with a plaque certifying Belmont's acceptance as a member of the AARP Network of Age-Friendly Communities on March the 14th in the Selectman Meeting Room.
 Selectman Vice Chairman Mark Paolillo agreed with Dash.
 Former State Rep Ann Paulson stated that funding such a position is warranted, especially since, quote, handling so much of these cases is an inappropriate use of fire and police departments, unquote. Over to you, Bob.
 This event is sponsored by the Belmont Youth Commission, Belmont Youth and Family Services Program, and the Belmont Council on Aging.
 Just to indicate the level of department involvement in these types of situations, and as an example, McIsaac cited that one senior called 22 times just in the last few months.
 Thanks, Max.
 and listen to the talking news every day at 12 noon and 6 p.m. on channel 96 Comcast Xfinity and channel 30 Verizon Fios.
 Selectman also on a retired animal control officer and talk about search for new police chief by Joanna Kay Zovellis.
 Since then, they have been making their chocolate creations in a shared commercial kitchen in Somerville and sell their finished products at a local farmers market, pop-up shops, and events such as Handmade for the Holidays at Gore Place in Waltham.
 The film compellingly explores a number of subjects that are given little exposure in mainstream cinema, including the complexity of sexuality and social status, said Belmont World Film Executive Director Ellen Gittleman.
 Thank you, Bob.
 Police are called into homes where there are health emergencies, suspected cases of abuse and neglect, and seniors with dementia who wander or in other ways can harm themselves.
 Similar to the television show, Dancing with the Stars participating dancers will be competing to win.
 Now, here's Max.
 Unlike housing authorities in many other communities, they don't have a community coordinator to handle such situations.
 In 2017, the chaplains took the plunge to work toward starting their own business making and selling chocolates.
 Selectman Chairman Adam Dash said they don't have time to change the legislation because the designing of the cap needs to start in May.
 VIM said they only use raw chocolates of the highest quality or fair trade and prefer to use local and organic and fair trade ingredients whenever possible.
 Thanks, Claire.
 We will return next week for another edition of Local News Happenings Around Belmont.
 And now on to the talking news.
 For information contact Marissa Melanson, Youth Coordinator at 617-997-4222.
 He said it would be owned and managed by Belmont Light.
 Members of the audience came up to speak in favor of having an additional social worker and that there is such a need.
 Fire Captain Ken Gardner informed the audience of fire prevention efforts, such as ongoing forums on topics such as the File for Life program and tips to avoid fire risks.
 Local stars aim to preserve Homer House through dance by Joanna Kay Zavalas and Wendy Murphy.
 He said it will be important to understand the needs of the Belmont community.
 is hoping to open its doors in April at its new Belmont location.
 Participants can bring their finished diorama to the Peeps Diorama Party from 2.45 to 3.45 p.m. April 11 in the small multipurpose room of the Beach Street Center at 266 Beach Street, Belmont.
 The foundation has donated between $300,000 and $400,000 annually to local causes in Belmont and surrounding communities served by Belmont Savings Bank.
 Kev Freeman of the LWV greeted the audience and opened with a statement that included concerns that older people have been leaving the town.
 She included the book in the program and invited him to read to the children.
 Testa said it comes down to approaching all of the work of town government with a lens that sees people living in that community as they grow older, 20 years from now.
 Now over to Max.
 He asked some of his former students who have young children if they would be interested in reading the story about a parakeet to their children.
 The deal will give Peoples United, on NASDAQ symbol PBCT, a network of branches just west of Boston, filling a gap in its local footprint.
 In 2007, Dee went back to school to become a pastry chef, studying at Cambridge Culinary.
 Belmont Youth Commission to hold PEEP's diorama contest.
 Belmont Savings Bank will bring the number of People's United branches in Massachusetts to 58.
 We do care about our seniors.
 They raised their two sons, Tomas and Pablo, in Belmont.
 The Belmont Center Business Association honored Mahoney at his final meeting with him as the bank president on March 19th.
 Along with my colleagues, Claire and Max, we thank you for listening to the Talking News and hope you've enjoyed the show.
 over one-third of the total population of the town is age 55 and over.
 The third book examines compassion.
 wonderful partnership with the land bank, with Metroplex, SIR and IDA for working in our neighborhoods. We've
 Call to order public
 where things get done on each turn.
 So, we're trying to extract the information for them.
 for health and recreation. The 1950s was connected with the team's 60th anniversary. Mr. Riggi? Yes, the 60th anniversary of Schenectady winning the World Series is the
 is something so we have to discuss.
 That's all my questions.
 Is there any way within the budget, or if we have to look at it because we're coming up to a budget, to have a facility with a person there at least on a regular basis?
 they'll go off and they'll actually look at the meters. The one thing right now is the city doesn't own the meters.
 And how can we safely leverage that? Because to me it's just like we encourage our neighborhood associations to get out into the parks and pick up, you know, litter and, you know, help maintain a healthier city atmosphere overall.
 to move this.
 that over the last year is doing the dog licensing. So that dogs have the tags on and we can identify them when they do get loose and are able to return them to their owner.
 Any other businesses for public safety? Second. All in favor? Aye. Thank you.
 the school district perhaps, maybe turn that vacant building into some housing for seniors or for veterans as we're talking about in some of the other neighborhoods.
 some of them are in the most recent round of foreclosures. I'm not quite sure how final that is.
 recommend you that they always have water. And we have, we checked on them.
 Uniform rental and laundry service bid, Mr. Howard. So this is for the uniform rental that we'd like to enter into an agreement with Universe Corporation, which just went out last year for bid. We have two respondents to the bid.
 This is not going to change the sidewalk at all.
 But instead of hiring additional staff that would tax the budget, we have a default person.
 We hope to demolish, we hope to rehab, and some of them are vacant now. We hope to clean them up and maybe do property next door, maybe do a community garden.
 I'm going to be a little bit more specific.
 only paid if the city doesn't enter into an agreement to do the full meter replacement. These are automated, automatically read meters.
 I have a question. I'm just going to suggest to you that we may want to ask for kind of regular updates as things start to happen.
 Again, I would love to see, we have passionate people who love animals. I would love to see them be able to have the ability to assist the city. Because we have some wonderful programs in our city that people give eagerly of their time and effort.
 All in favor?
 It was a vehicle on the road from every day of the week for 10 months out of the year to a couple of weeks out of the year.
 any questions? I mean, I'm not quite sure what are some of the issues.
 item on the agenda concerns the land bank. Mr. Hoffman is here to talk to us about that.
 certainly an area of need.
 If there's nothing else to come before city development and planning, I'll honor your request.
 So, we're going to go ahead and do that.
 All in favor? Aye.
 this week I'll be conducting interviews to hire
 I don't believe it was ever done with sizing or piping.
 This deck is original from Ben and Jerry's.
 we set it up so that the animal control officer's position defaults to another position within the city? Because I mean, how are we protecting to make sure that one of our full-time animal control officers steps out in the street and gets run over by a bus, God forbid, right? How are we protecting that that defaults somewhere else? Can that be... We have a fail-safe method, right? In other words, if somebody needs to go on vacation, if we lose a partner,
 Also, where we might default the sample control position to another position should we come up in a situation that we're short staffed.
 is about 85 years old.
 Let it start.
 the Attorney General settles with the large foreclosing banks, settles their lawsuits with them, that's the funding.
 I respect that, but I also think there's another contingent of people whose dog digs under the fence with a saws, you know, and they're great owners.
 I think we can live with any without problem.
 Everyone in this apartment people are wearing some type of uniform.
 by Miss Porterfield.
 planned along this neighborhood.
 In the meantime, I'm just going to do a little looking into the feeding thing.
 other questions? Mr. Gillen, did you want to add anything?
 We also have a facade program going in the Eastern Avenue neighborhood right now where homeowners can apply to the land bank for up to $5,000 in assistance to help with the outside of the facade.
 Thank you.
 What happens there of course is you feed them twice a day and then they excrete twice a day.
 resolution of support and a commitment to transfer the properties to the board. We put the application in. We're going to be in a resolution with the city and from the county and from Amsterdam to go along with the application. So that's
 It's something that they would do. They did a very good job in Scotia. I talked to a couple of folks there. Extremely pleased with the work that they did.
 And I think that's a really important point.
 We've been looking at our water meters throughout the city. We have about 1,450 active accounts. The meters range anywhere from 1 year old to 75 year old.
 It's already closed
 That's rare.
 this good price compared to last year? Last year they are right on the same numbers as what we had last year. They've held us to the same numbers as we're
 The reason I ask that is...
 great opportunity as the legislature often said to apply for $3 million.
 volunteers to take care of the people.
 no one to clean up.
 Right on.
 any way at some point partnering with the county to have a county run facility? Or is it mandated that the city has to have its own facility? We can look at those options. That was put in place because our options were eliminated with some facilities just not taking the dogs and the
 Good evening.
 They read 500 meters in less than an hour.
 put our application into the Attorney General for the funding that we're requesting, a million dollars and maybe more, for the land bank for Amsterdam County and the city.
 What you have in front of you is an application for a local permit for I Love New York Pizza.
 let him run outside, he fenced in, caged in the area.
 The other things we can do, we can study, it's mostly just people tell us what groups want to come in and do. We can evaluate what things are possible, what things aren't.
 assisting us in this as is the city.
 This professional development agreement is performance contract based.
 But because of the pandemic, I'm not going to be able to do that.
 I'm sorry that I don't know is it the county function or city function that it looked like it was in the county but I could be wrong.
 Typically, it's a very simple process.
 So you're asking for another update in two weeks? I'd like an update on the possibilities of where that animal control position can default to and what our legal safety zones are in utilizing volunteers, how we might utilize volunteers to go forward.
 know, the county has a couple of things that we may want to ask for too, but we said we hope to get the $3 million for the land bank, it will all go to the city. We're hoping
 Any other questions or comments? If not, I'll entertain a motion to.
 expensive process
 It turns out this is part of the paper street which didn't have an SPL when the resolution was written and the council passed it.
 not even Brad sheer said that
 feet of that deck. The deck goes to the back of the sidewalk.
 But that is God.
 I'm going to need the help because we're not efficient in pulling the guy off the distribution. You know, we need meters and shortsmen for the distribution system.
 Certainly, we're not opposed to that.
 Everybody knows where we came from and the challenges that we've had in the past with the exorbitant amount of dogs that we take into custody every year. And with that, we built the facility. The facility is in nice shape. It's brand new. It's kept clean and neat. And the temperature is fine and adequate for
 money in the budget to do that or is there some way to look at it? Absolutely.
 That's why we really feel that the universe is one of the better quality people that we should know about.
 I'll certainly look into it again.
 forward a strong resolution from the city and from the county.
 Thank you.
 be working on another planned valve replacement.
 Those would be my three priorities right now.
 And you?
 $3 million is coming towards connecting all the
 Thank you.
 fed. We kind of changed that a little bit because we were feeding them twice a day.
 In order to put that application in the way we have it planned right now, we're going to be asking for approximately 31 properties in the Eastern Island neighborhood and maybe some others.
 familiar with that.
 We have a meter reading wall. Take an actual photograph of the meter. It becomes a real
 They should be ready to go.
 And I think that's a really important resource.
 I'm sure we're all aware with the Cemetery City School District.
 Sometimes it's turning into a long-term facility for some of these dogs that have
 you
 So once you hire more staff, which is what you're talking about, will that change? Will they now be able to be fed more than once a day?
 appreciate and we put to good use the $150,000 that you provided us last year, leveraged it with Metroplex dollars and IDA dollars to see real meaningful progress take place on these terms.
 say they could take care of the field.
 And I think that's a good thing.
 Okay.
 Go ahead, this one.
 would like to do is replace their deck that they currently have. The deck
 We're researching that now.
 about 4,000 meters with Johnson controls.
 have on your request form. It's an exciting time for land banks and revitalization. It's connected. It's time to get down to the nitty gritty. We have to
 and again we have been working with other organizations or associations to help us with dogs.
 raise here to answer any questions that Dr. Clark sees.
 And I think that's a really good point.
 and what Jocelyn Controls does is they come in, do an in-depth evaluation of the meters. They do typing and sizing.
 Again, they did almost 4,000 years.
 I'm hoping to Broadway going into the old subway.
 Those are some things I'd like to see on our next committee agenda and not have this linger.
 the lion's share of it, you know, two and a half, two and a quarter.
 really set a solid foundation to work off of and it's exciting to see it starting to really fall into motion but at a critical time of being well organized to move forward and not just willingly suffering.
 Thanks, everyone.
 We're talking about it may be clean now because we're not feeding the dogs enough, but we'll put that aside. It's time
 I'm not sure what Squishy's been, but I could actually find out and send out an email.
 to move forward this project, those positions don't have to be filled with...
 Some of the questions that you have regarding some other volunteers coming in, to me I see there are some legal issues that probably would sit better with Corporation Council.
 However, the property line is in most cases is not the back of the sidewalk.
 by the animal control officers? Yes.
 I've hired more part-timers.
 our departments have had an issue with them and the products that they supply to us, to
 to adopt many dogs or transfer the ownership to them.
 in effect, found money for the state and we've been working very closely with Steve, the land bank, the mayor, and his team to try to bring home this next win, if you will, or this next allocation of dollars. And we're really appreciative of your support.
 Hi.
 Also mentioned they're going to be creating an outdoor run so adults can get out exercise that
 talking about the Metroplex not getting into the neighbors for a long, long time. We know
 safety dog holding facility.
 right idea could be a conversion to housing and it fits right in the whole eastern half of the border. So we've had very plenary discussions at this point, but it is something that
 doesn't have enlisted our 8-inch meter.
 Okay.
 Oh.
 I have an announcement that health and recreation will be meeting this Wednesday morning at 9am here in room 110 of the recreation committee to discuss
 did you do residential? We're limited to commercial and...
 I have a question. You said for the total project, so do you have an estimated cost for the total?
 So I think what came out to me strongest was how can we leverage people who have this as their passion, not necessarily their job. Because we certainly saw that there's people that want to come into the facility, that want to help take care of the dogs, we walk them, they're certainly already donating food and toys.
 Let's sit here?
 Thank you.
 to be closed. I'd really like to see it. And the land bank and continue to work on that Eastern Avenue corridor and with the
 also narrows down the group of owners that probably should not have a pet to begin with.
 especially for water.
 We'll have pictures of Facebook with your party hat on.
 Thank you.
 to do is fill the job in that day as we can.
 So what we would do in this is this moves forward.
 The sidewalk right now is, I believe there's a two foot utility strip and then there's a five foot sidewalk and then they have stairs that are internal. They're not
 I don't know who.
 personal feelings.
 He'll just go she just went through a mean upgrade because
 adjourned
 Follow-up you said that Scotia has 4,000 what I mean to 30 some hundred meters. Yeah, so
 You know, I especially. Sure.
 We evaluate all the dogs prior to transfer and hopefully, in hopes of having the transfer adopted as opposed to euthanizing.
 I'm going to call the order to city development and planning.
 Again, there's many of those buildings that you just said are vacant and just completely need to be taken down.
 motion to adjourn. So moved. Second.
 started giving them some information.
 Sorry.
 So, you know, it's been there for quite some time and we're going to be able to maintain at least five feet of clear space on it.
 And that's one of the challenges right now, especially losing one of the part-timers.
 lost one and I just received four applications.
 I'm not accurate anymore.
 I have a slide. It's from Campbell.
 Give me an extra second, I'm short-handed here today.
 I would like to see us talk about very quickly, because it's possible for us to do so, is having a report from legal on how we might be able to utilize volunteers safely for the city in a police contract.
 You know again, it's of almost no cost to the city to have that website right now
 Once the professional development agreement is signed after next Monday night, and it gets signed by the mayor, it's a walk.
 The inbanks have generated a lot of credibility around the state and not only the Attorney General but some of the other funding sources we hope will be coming forward as
 Hi.
 But I have a budget obviously to work with and I'm not worried about that budget for spending it.
 uniforms and black coats all this so
 So part of the $3 million, they pretty much said they're going to, you know, $3 million is available to each landmate. We may ask for a little more because Amsterdam has some things going.
 Happy 100th anniversary.
 Everyone has a certain either uniform or laundry service that is provided for by Universe. Whether it be uniforms, whether it be towels, mop heads, things like that.
 I'm not sure if it's regarding feeding the dogs, you said you're down to once a day.
 They've informed health departments as well.
 Perfectly in line
 time-consuming, not efficient.
 seven-year-old pipe
 those are immediate things that we have to look into.
 And it's a really good example of how we can use the word, you know,
 Okay.
 and you scale that back to feeding once a day. But they're also giving treats throughout the day as well.
 That's the basics of it all.
 But once you, once the other people are hired that you're talking about hiring for a time, is that going to, is that now because you don't have enough staff? Is that why that is? And then, you know, there's no one to clean up behind the dogs after, after they've gone to staff.
 The state funding that is available, $20 million statewide, is all money that Mayor made this point very well at the event. It's all money that he won in legal actions against these large foreclosing banks.
 it seems to me like the biggest complaint too was interaction. I know this is a short-term facility.
 Yeah, so every pony has a little piece.
 His son's first birthday is today, so we want to get him in and out.
 already do work with us on a daily basis and want to help us more and we're going to be looking at possible an outside lawn for the dogs.
 1450 meters
 was for this area because they thought the SBL encompassed the whole area. So a title insurance company is actually one who saw that and decided that they would really like to see amended resolution in order to insure the title. So there's just been an amended resolution. It's the same exact deal that was described to the council that was passed. Nothing changed in terms of it. It's just the way the resolution was written.
 Obviously, there's people that have it. There's facilities that have it. So we'll tap into them and we'll question them. Just the same way we did when we built this facility.
 So it's a question.
 The cost of this is $52,500.
 Yeah
 What is the policy right now when a dog is brought in as far as when are they fed, how many times are they fed a day? They're fed, they're watered,
 Okay, I'll do a 21 count please.
 It's up to us to work as hard as we can possibly work to make sure this happens as fast as it can possibly happen.
 Five days a week, they're checked on. There's somebody working two shifts.
 all the properties that you're targeting, 31 properties.
 second on this quarter field. All in favor? Aye.
 The crew was good. They get in, they get out, the back truck was there, they already had a crew.
 in two weeks.
 The project moves along, $52,000 is rolled into the cost of the total project.
 I'd like to require the deck to be free of any debris.
 their exercise, they're taking out their wallet. The dangerous dogs are a different story.
 I'm sorry.
 I
 The cost is so high in terms of boarding them and transporting them.
 that we want this money.
 And that's something that was recommended to me that, you know, they only have to eat once a day. And I got it for more than one source. So... I think I got a set of us. I'm not sure we should only eat once a day. I don't find that acceptable myself.
 And yeah, some days, like Sundays into Mondays, it could be a stretch, a period of time where there's no one there. But we make sure we check on them and make sure they have one.
 So there was really no increase at all for that.
 Thank you.
 I'll just sort the exact...
 We don't have a commitment yet on that, but there's some issues with that that we have to be concerned with. And there are diseases and what kind of, you know, is it going to be grass, is it going to be pavement, how are we going to clean it, do we have to seal it? I mean, there's issues in how it's going to be designed. So, I mean, it's early stages that we're looking into that. There's a lot of questions yet.
 25,500? Yes.
 again, my theory is the city is connected to the heart is the downtown. And without the arteries, we are now going to move into the arteries and start working into the neighborhoods.
 Thank you.
 How can we use that to leverage that volunteerism?
 business and company for government operations.
 We'll be inspecting the deck.
 see why we can't incorporate that in this part of the city too.
 how that facility is taken care of, it's worth the waste treatment.
 I'm sorry, we recess.
 about 1.4 or 1.5 million dollars set aside to do meter 3.
 in your budget, would it be possible to hire someone to be there? Because from what I understand, I don't think 24 hours is acceptable by some guidelines. It might be ag and markets. I can't tell you off the top of my head. I thought it was supposed to be 12 hours.
 Bye.
 to just be a wonderful way to partner with the school rather than to wait for a bill to be burned down like we did on Brian E. Wynne for so many years.
 with Steve Caparizzo, we're looking to implement that type of program right after Labor Day, to be able to get photographs of dogs as they come in, be able to post them. And again, the real goal is that we don't have any animals in that facility.
 more conducive having volunteers to come in.
 We're losing revenue every day.
 comments
 That's why I requested permission to hire possibly a couple extra part-timers.
 Is this going to be a unit work problem if volunteers come in? Again, to me, that's a legal question.
 that the city works on a tight budget, right? And you know,
 Thank you everyone.
 Okay, call to order public service and utilities. Energy efficiency and water system improvement project, Mr. McFarland.
 We only have commercial.
 that were better, you know, not to say it was bad, but were better.
 Now move we go into executive session.
 The only thing we realize is the ammunition system is only going up to 6 inch meters.
 Yes
 and they announced another one this year, and they've also indicated that there will more than likely be a third round next year.
 Okay.
 Understand what they don't have really real human interaction as far as something to take about less
 Bye.
 Part time, three part time, two full time.
 We're in the world of information technology now, and that's the way everyone navigates, and it just seems like that's an easy lift for us.
 going to be coming out at all any farther. I believe
 I'm just a little more specific as far as if they came to walk the dogs, is that a problem? I'm not comfortable right now giving the specifics of the different situations. I'd want to sit down and go through the contract and hear what exactly the overposed can have and do and kind of give a case-by-case answer.
 You put a meter in, you just don't put a meter in.
 to hire a couple more and fortunately it looks like I have some good applicants.
 One did not meet the qualifications. And the other came through with everything.
 The pets become victims when it's really the owners that have facilitated that or created an environment that allows it to happen.
 They want to make sure that it's used for revitalization in areas where those foreclosures took place.
 That's something that we're looking into.
 That would be me, I'll second.
 We'll be here in a second.
 downtown and it gets a little bit more crowded.
 Good evening.
 And that's a combination of everything.
 The deck is in the right of way.
 We do work with a lot of other agencies and have and still do as far as some guidance. Because let's face it, this is relatively new to us. And so we've been searching out guidance. We've been attending training sessions to educate ourselves and learn on the best means and best ways to handle situations like this.
 Second. All in favor? Aye. Thank you.
 Additionally, the affirmative action advisory committee will have their first organizational meeting on August 27th at 6.15pm in room 209.
 here
 Yeah.
 So I'd like to see maybe at some point we can talk to the counties who can move this in a partnership and be paid to, to the county, to try to combine and maybe have this facility in another place. And it might be
 Just go
 Thank you very much.
 But I cover some
 again, if we can keep that in the back of our minds, you know, long-range plan to work with, partner with the school district on the next one maybe, and then take a look at that Elmwood Avenue school to utilize it for some potential housing.
 That's not the ideal place for anybody to go. And I know, again, I understand it's a short-term facility. I think the place where that is is an issue.
 The city has no objection to this being in the right of way as long as they are granted this permit.
 what we've been managing, we've been taking care of that.
 know that there's a number of meters 50, 60, 70 years old, they're not
 that all the city workers are super busy.
 Oh
 Is this, and I know it's come up other times with other things we ask for volunteers, is
 We can always be back.
 All clear.
 Take care.
 What's the difference they did in residential as well?
 We have a couple 8-inch meters in the city, we have one in...
 some options
 We have people that are willing to do this.
 questions how often does this application come forward from the state is this something that's a yearly basis or with land banking funding they've announced it last year they announced the first gave hints about another one so then
 All in favor?
 So, we're set.
 full time and hopefully three part.
 that with
 It has to be sized, it has to be cut.
 external so there's stairs that are internal to the deck and it's a flush deck they're not
 and then know what it's exactly going to do.
 So I'm going to hire hopefully two, maybe more, I don't know.
 We'd like to enter into that contract for one year, and then next year we would reach out even further and try to get more bidders to come aboard.
 want to get let us get too far off the dime but they have indicated that there will be continual funding for land banks at least into
 is that they create an environment where the pets and dogs really become vicious and they're not really conducive or ones that we want in the city at all.
 So we're all affected, you know, between facilities, fire, sewer, street, wastewater treatment plant, water department, and between the pump station and the maintenance.
 The land bank is with Amsterdam County in the city.
 All right, second item on the agenda was a ceremonial resolution for Perekes.
 How are you going to start this project? The study?
 I don't know. I don't know what the guidelines are. But I'm willing to do a little bit of research on that too.
 That dog has a tag on it when it gets out underneath the fence. It is very quickly identified and able to be reunited with its owner.
 things will take time, but those who are not in it, and I understand the mayor's working on the website, and that will happen after Labor Day, so that's
 And again, I think one of the volunteer services available to us was somebody who was willing to do web work.
 back to the office. We subtract the last one from the present.
 done within a couple hours.
 The animal control officers we have, we have two full time and one part time.
 Try to answer any questions you have about it.
 I'll move them back here.
 So it is not taxpayer money, it is money that he won through his efforts in legal actions on foreclosure cases.
 That's after consulting with people that are very familiar with dogs. They said that's fine.
 understand that.
 Okay.
 We've already done some attrition over the last couple of years with meter reader at the SIY office.
 First up we have Mr. Wallen for the Isle of Newark for a votable permit.
 we had a meeting recently with the mayor and one of our main societies that is willing to help us out some more. They are
 bit.
 We went out in the field and talked to a lot of people, went to different facilities and figured out what the best way to do it.
 revenues, gain, that should pay for the project.
 questions? Yes, yes. At around 3.30, just a
 hire a professional, somebody that is familiar with this type of facility and manage it. That would be ideal.
 something else I looked into today. I spoke to Carl Olson, who got me some help and he said whatever I can do for you, let me know. So again, we're checking all options here. All options.
 day is water.
 not just on the street but in a couple of neighborhoods up in the back there. The city owns some vacant lots and some other properties.
 We're going to ask for a little more with specific projects in mind. And we're calculating all that and getting the application ready.
 I'm thrilled.
 And then on Sundays, we have a part-timer come in. We had one coming in on Saturdays. Of course, she resigned about three weeks ago.
 They have the hole opened up, they have pump in.
 you
 I think it's been there for quite some time.
 are the ones that are manageable.
 we do have funding set aside over the last few years, but we need a replacement in capital funds that we have put aside. So we'll come out of there.
 that possibility?
 Thank you.
 It isn't. It's a clean facility where we have it, you know, from what I've seen at the time.
 No, I'm not sure.
 I've had some preliminary discussions with the school district on that school.
 this is a manpower issue not a time to sort of... It is and hopefully sooner that would be resolved.
 We have a very reliable vendor for us.
 in California, here in France, Italy, they have trouble with spring frost. So that's just part of grape growing.
 So those paddles are knocking the grapes off the stems and kind of flinging them through those little holes. The stems can't get through and they slowly work their way down the cylinder and then just dump out onto the ground at the end.
 more than a commercial event.
 And then we make one we call late harvest, which is sweeter still.
 And you get a nice flow of visitors. You get a lot.
 Even though you're going to be crushing them.
 And can you go through the vineyard in a clean sweep or do you have to come back as fruit ripens? No, it's a one-time through.
 The organic materials that are available to, you certainly can't do it without spraying anything. And the organic materials that are available to spray are just not effective enough to maintain a healthy vineyard. But it's possible to pick and choose the least toxic, the smallest intervention, and still keep the vineyard healthy.
 So Chris, I really want to thank you for taking the time to talk with us today.
 the new genetics we have, these new varieties.
 The two grapes with the biggest production are Marquette and La Crescent.
 was a combination of things. I mean we'd been doing the strawberries for a lot of years. Our production wasn't quite as good. You know we had a very generous crop rotations but even so we earned
 What are your jobs?
 point we're looking at frost. There's not a lot we can do about frost danger. And then of course from then on throughout the season we're looking at insects and diseases. They have to be controlled. It's impossible to grow grapes without controlling them.
 of them are sort of in the half acre to two acre range, which is sort of commercial, but just borderline. It's certainly a supplemental thing.
 So we pump it over and wet down that cap and let the wine and juice and wine trickle down through those skins at least twice a day.
 But what I'm saying is I think Vermont has the potential, but we sell it all here.
 How is your crop looking this year? Right now the crop looks beautiful.
 Obviously, like every farmer, we like to get the full retail dollar if possible.
 We have a band here and it's free. People can come bring a picnic and we get, well, yeah, it's great. We get fabulous crowds here.
 So you can be going late into the night.
 fungus one of the biggest problems. Fungus is the biggest problem.
 You've just got to get your, first I think the grower has to get their mind wrapped around what's involved in growing grapes.
 Is that a tumbler?
 We make the one we call just the crescent, which is on the dry side with just a small amount of residual sugar.
 And so it's still, and we're allowed to sell our own product on our farm, even though it's not a commercial zone.
 fellow Elmer Swenson I mentioned, a great story, grew up on a little tiny dairy farm in Osceola, Wisconsin.
 Yeah, good question.
 It's instantaneous. You don't store. Oh no, no, it's instantaneous. It's ongoing all the time. And we're paying the crew a piece rate so much per pound. So when the wagon comes in, all the bins are marked. So we run it over a scale, mark how many pounds it is, into the crusher it goes, and right back out.
 How many people do you... Can you go to Middlebury and drag some students out in the afternoon?
 you're cold. Yeah. When you're harvesting. When you're cold, you're cold. Right. But if some... I just want to back up a minute. Sure. I'm thinking about regions of production. Are people doing this over in New York State, across the pond? There are some. I'm not as familiar with what's going on over there.
 year in the season, which is not good for us.
 We add the yeast, the entire grape ferments together for about the first week. During that week, the wine as it's developing is extracting flavors and colors from the skins that are in there with it.
 The main thing is just to taste a lot of different kinds of wines and take the time to pay attention to what you're tasting.
 And you continued to do that as part of the business? We did. We are not doing it any longer, but we did it for about six or seven years.
 that temperature, they're about three quarters frozen. But what freezes is pure water.
 would you like to expand at?
 Those are the challenges and then of course dealing with the weather. You do what you can.
 leaders.
 So we pick them, line up a bunch under the vines, we drive through with a tractor and we just have a little homemade wagon that built just to fit two bins wide.
 Okay, so we
 So we might have eight or nine people working on a given day. And of course, it's busy with the tourists are here for the fall foliage, so it's busy in the shop as well.
 That's not good for us, but that seems to be the only consistent change that I've seen.
 Yeah, right.
 Well, thank you. It's fun.
 always a wine drinker or is this something that you've... No, you know people ask me that and I enjoyed wine but I was not really serious or fanatical about it or really that knowledgeable about it. I
 Can you tell me just a little brief background of the history of Lincoln Peak? Sure.
 So the grapes get a lot more sun. It's all about getting the sun on those grapes.
 For sure.
 It feels like kind of a community gathering.
 got to keep all that going at the same time.
 when people start looking for good land that's suited to grapes. And that really hasn't happened in Vermont yet.
 ever have the opportunity to be here.
 There you go.
 So we go through with the crew and it's just hands on work. We grab those shoots and pull them from here where they're shading the grape clusters and we pull them down so they're out of the way. And then we often rip a few leaves off as we go. So the sun has, you know, right around the grape cluster area, we call it the fruit zone.
 Exactly. We don't want them to crush.
 I would jump in occasionally, but it took him four or five months to get through the whole thing.
 Marketing, you wholesale wine around the state? Yeah, we have a distributor who picks up our wine, takes it to stores and restaurants around the state.
 and I just wanna see it work.
 better grape varieties.
 And so we're kind of pushing a little because we don't always have dry summers.
 So we're shooting for that kind of that perfect balance point where we have a good solid yield but we haven't overshot it to the point where we're compromising the wine quality.
 It's not perfect.
 and keep them happy.
 So if you get ones that are underripe in there, I mean, the main issue, I think, would be that the acid, it would keep pushing the acid level. Because we're right, we're always fighting kind of borderline high acid levels. So we want to do whatever we can to keep that under any kind of threshold.
 continue to really active great breeding program and have developed some wonderful varieties.
 Usually the flavors aren't as delicate. It's a little rougher tasting, but it tends to have more tannins, which is a nice component to wine. So we're sort of tasting that. We might keep it separate, just ferment it separately, then blend it back in later. Or we may be tasting it as it's pressing. And the harder you press it, it changes continuously as you're pressing. We may cut it off at a certain point and say, OK, anything that comes out from now, we'll put into a separate tank. You must be drinking wine every night.
 That same person takes it off, puts it to one side.
 We may lose that title here in the next year or two, but we have been. I think the main thing that sets our business apart from a lot of the other wineries in the state is that we do grow all the grapes right here on our own property. We're not importing grapes, which is great in the sense that we have complete control of the quality, all the decisions that have to be made in terms of growing and harvesting and
 Tell me a little bit about the wine making process. First of all, how many pounds of grape? What's your yield?
 and we'll be back.
 driving down the road you think, oh boy that would be a good spot.
 pretty good balance between the grapes we can produce, the size of our facility, and what we can do in terms of marketing now. Plus I'm 60, so I'm not sure I'm going to be able to
 We pick them the first time it reaches 18 degrees Fahrenheit.
 You know, as far as the growing goes, you know, like anything else, just getting the soil prepared and weed control in the early years, you know, there's pests and diseases, well I'm sure we'll talk about that. Understanding the training and how to train them, how to prune them.
 Once you get into the wine world, you get out of gallons.
 bit like apple harvesting. Yeah, a little bit like that. Sure.
 We start in winter because we prune in the wintertime. It's a very skilled job and it's tens of thousands of individual cuts as we go up and down the rows.
 How many people do you... So we usually end up hiring about six more people. Plus we have our regular employees who are here and sort of change gears into the harvest mode.
 So it's hard to know. If the excessive rainfall is kind of our local version of climate change,
 It very much came to this from the farming side rather than the wine side.
 So I'll sort of work backwards if that's all right.
 correcting your mistakes and finally you've made more good choices than bad choices and you say, yeah, it's working. I'm still working on that piece.
 beautiful facility you have and it's a pleasure to have a little walk out in the vineyard.
 Now what are your hopes and aspirations for the business? You have 12 acres.
 It's just that they don't grow so much.
 Sarah's coming along.
 I just think it's a fabulous thing.
 You have to keep all that double whammy.
 In a year like this year when we had so much rain, the vegetative vigor is just ongoing. And so we've had to go through a second time and do that again.
 And what Elmer realized was to, for the most part, avoid that Vitis labrusca and use Vitis riparia, which is the wild grape that grows in Vermont and grows all across the northern peer estates as kind of his genetic source of cold hardiness. And Vitis riparia has its own challenges. It tends to be high in acid, but it doesn't have those kind of off flavors that the Vitis labrusca brought
 You good?
 Yeah.
 We start in December and finish probably in April.
 It concerns me that those changes are going to accelerate with time, but we just have to do what we can.
 Right now the world center of ice wine production is Ontario, Canada, but it's really, the conditions here are better.
 As far as challenges go, our main challenge is just to keep making the wine quality better and better.
 You think of California or the Mediterranean, they typically grow in a place with dry summers.
 It varies of course from year to year. I would say we're not necessarily shooting for the highest possible yield because with grapes when you get to a really high yield it tends to dilute the flavors and the sugars to some extent and the wine quality wouldn't be as good.
 People think grape picking is more exciting than whatever potato picking or something.
 say our biggest problem here is the soil is just too rich and fertile, which causes all that vegetative growth.
 picked up on what he had done, and then with vastly more resources, of course, and a more scientific rigor, and not just following what he did, bringing in their own ideas, of course.
 wine, we call it, is different from the free wine.
 it up a little bit.
 I mean, we've just talked about the grape growing.
 I hope you enjoyed the conversation.
 And the corker, Eric, today grabs a full bottle, puts it on the corker.
 And I think our customers respond to that.
 will.
 Something like spring frost, of course, is still an issue, but that's an issue any place.
 And is there a washing in that process as well? No, there's no washing.
 Thanks.
 And it's got a little spiciness to go along with the sweetness.
 And of course we're selling wine by the glass, so that's a little more profit margin for us because we're selling it that way.
 So we like to sell it here. But it also is great to have our product spread around where people see it and become aware of us, and maybe then come visit us someday.
 that we reach them gently.
 Yeah, yeah, it's one time through
 So that's the route we go down. So we have to do it.
 It's because of the
 It's been a wonderful educational opportunity for me.
 drive the seasons all, you know, from spring through harvest.
 Marquette is our dry red wine.
 replanting back into the same field even though in most cases we would have had two, two and a half years of cover crops, green manure crops between strawberry plantings, and still the vigor was starting to go down a little bit. And I think personally it was time for kind of a new challenge in life and also we had just heard about the
 I think the answer is probably around 18 to 20.
 cap at the top and then the juice becoming wine in the middle and then the seeds settle to the bottom. But we want to have contact, for the reasons I said, between the wine and the skins.
 you can't be in any way, shape or fashion considered organic. Well, there are people that have tried organic grape growing in Vermont. I admire what they do. I don't think any of them have continued with it. They've tried it. And after a number of years, realize that just can't do
 It's really labor intensive, but in the long run it really makes a huge difference in the quality of the wine.
 And the other third is going through the distributor.
 I'm gonna seal it all right here.
 And then of course we do events. We have every other Friday.
 You can't be going into the night.
 There's really only one serious insect that we have to keep an eye on, but we monitor that closely and only spray when we absolutely have to.
 Is that a problem for you?
 I'm curious about this mechanism that can de-stem the grapes.
 So we're still within the letter of the zoning laws that way.
 is a white wine grape and we actually make three different wines from that.
 We'll pick until about 3 o'clock or so and then we'll have our final pick up. We'll usually have a big load of grapes at the end of the day and we'll process those and hope to get out in time to get some sleep.
 Yeah, so what's changed is really the genetics of the grapevines.
 So I'm still confused. During this process, you're continually adding more from the harvest?
 starting in the Champlain Valley.
 So the harvest time, you've got to try to gather up some competent and enthusiastic harvesters.
 particularly early in the season.
 And all of a sudden you start to see patterns and recognize certain flavors and then it all clicks into place.
 Of course, to get the cuttings for the nursery, we had to have at least a small vineyard to go out and get the wood to propagate. So we were growing grapes almost in spite of ourselves, and then selling grapes to other wineries, and finally we just couldn't stand to see ourselves putting all this effort into this beautiful crop and then loading it in the back of a truck and seeing it go up the road.
 So yeah, and so the red grapes, bring them in on the wagon, put them through the crusher, goes through that must pump into the hose, into the tank.
 Now I'm completely out of my element here.
 Now, Sarah mentioned a little before the interview that we've now had a fairly nice, warm, relatively dry period, which has been perfect for you.
 everything in terms of grams and liters.
 of years to get this up to where it was operating in the black and
 have more consistent cold weather in the early winter.
 The winters are milder, but that's not really, it seems, but that's not really a big issue for us because these grapes are adapted to a cold winter anyway.
 Anything in the Connecticut River Valley? Yeah, there's some vineyards going over there.
 Our lifespan is relatively short to be talking about it.
 We try not to make them wait for empty bins because they're gonna
 Last year I had a key employee who's now gone on to start his own vineyard, but he did the bulk of it himself.
 I don't think he went past eighth grade.
 Yeah.
 So every bottle's been handled at least four times before it goes to sale.
 Once again, my name is John Wright with Taylor Farm and this is Farmers Talk. And today we are in New Haven, Vermont with Chris Granstrom of Lincoln Peak Vineyard.
 to stop for a minute and be forced to step back and look at the big picture.
 He spent a lifetime and for the first 30 years of his grape growing career, really in complete isolation, hybridizing the old-fashioned way with gathering pollen with a little paintbrush and painting it on the flower of the other vine and marking it, saving the seeds, planting out the seeds, watching what develops, choosing the best of those, doing it over and over again.
 You just gotta do it, man, it's tough.
 so the conditions are a little bit better here. But we're still, you know, an emerging grape region goes through a transition. And you can tell when you're sort of starting to be serious. And that goes, and that's from when people plant grapes on the land they happen to own already.
 It's, you know, we've been lucky in terms of being able to pull a local crew together every year.
 Just within Vermont? Just within Vermont, yeah.
 Yeah.
 So we treat them gently and the totes we use will stack on top of each other so they don't crush the ones below.
 The next step is what we call a tie up, you know, and if there's loose arms on the canes, we go through, tie them up to the trellis wires. And then, you know, the weather warms up and we, you know, keep an eye on the buds start
 In fact, it seems like the last 10 years we've had more trouble with wet weather than we have with dry weather.
 So for our 12 acres, you know, kind of a yield number that we would be shooting for would probably be about 85,000 pounds of grapes, you know, 40-some tons.
 We also make a rosé from the Marquette grape, which is the same grape, different winemaking technique.
 perfect with this. Yeah, well we have we have ideal conditions for making ice wine here right now. Talk about that a little bit.
 And so we're always working both on the grape growing techniques and the winemaking techniques to see how we can get a better product.
 day with him.
 get out any residuals.
 How does the harvesting actually work? You snip the grape clusters? We have a little pair of lightweight shears, yellow plastic totes that hold about 28 pounds. You just go along the row, clip, clip, and you get two or three clusters in your hand, put them in the basket.
 I mean we obviously planted grapes on the land we happen to have. It's pretty good for grapes.
 So I think there are good sites in Vermont.
 And this is more of just a pure fruit flavor with a nice mouthfeel to it.
 up for one of your wine tastings or a music night for sure.
 It's a gravity filler.
 For the last few years we've claimed to be the largest grape producer in Vermont.
 know, just to spell it out. I didn't
 And we also make a sweeter version, which we call Ragtime White.
 The only money we're taking in is the sale of our own agricultural product.
 So what are some of the challenges with grape growing?
 And then there's actually another thing.
 Before that, we had a strawberry farm here for about 24 years. So my daughter, Sarah, who we'll meet, grew up in the strawberry business and early on was out dealing with the public in a pretty intensive way. And we actually started this strawberry farm way back in 1981 when my wife and I first moved to this property and built a house and got going.
 So what we're growing here now includes some of Elmer's, Swenson's grapes, and some of the University of Minnesota grapes. But what changed, as to get back to your original question, you know, 15 years ago, was the availability of these new grape varieties that are adapted to this climate.
 Would that alter the flavor of the wine? Yeah, so as grapes ripen, the sugar levels are going up, the acid levels are going down, and the flavors are developing.
 Once it dries out like this, we can cut way back because it's not wet, don't have spray.
 during the harvest season? People curious about that? Yeah, we do. We have our local customers and our tourists, and the tourists are important. We can't do without them. Our local people are our repeat customers, and we want to treat them right, too.
 Yeah.
 make 10 different wines.
 So why strawberries to grapes? I'm sure that's your next question.
 And I think those shaley hilltops in the southern Champlain Valley, I think that is just the perfect environment for a long scrape. So that's the tip of the day, you just spill the beer. There you go.
 I'm surprised at how good it does look after the rain in the beginning of the summer. But we got through that. We've had a couple of nice hot spells that have brought the ripening development along. And we've put in the time and effort and as the business owner the money to do all that shoot positioning and leaf pulling. And right now they're gorgeous. And we could be picking as soon as a week from now, which would be the first week of September, which is really
 And it's just a fabulous product. And that is something that you're working on? Oh, we make it. We make it now.
 Tell me a little bit about Vineyard's history.
 We'll fill up one tank at a time, within a day, whatever we pick that day, we'll fill up a tank. So that tank is a unit and that goes through the winemaking, that ferments together.
 How long does the harvest take? Is this a month? Yeah, a month or a little less. If the weather is all good, three and a half weeks, something like that.
 So midsummer is fairly... So yeah, so midsummer is there's a pretty intensive workload because the key to growing good grapes, to put it in a nutshell, is getting the sunshine to shine on the grape clusters while they're ripening. And of course, the grapes, the shoots tend to grow in any direction and a lot of them will grow right along the wire where in that position they're shading the grape clusters. And the sun's not getting to them, you're not going to make
 She picks up each of the cases of empty bottles and slaps them down on the table. And then, two at a time, she puts them in those little valves, actually give a small squirt of nitrogen in each bottle, which blows out the cardboard dust and actually replaces all the oxygen in the bottle with the nitrogen.
 It's a lot of fun.
 We pay a lot of money for insurance.
 We call that heartwood. That's a new wine for us.
 It's a wonderful thing to know about. It's a whole world of experience.
 There's a lot of little details, a lot of small decisions along the way. There's no one big secret to success. Like most things in life, it's just a lot of very small steps.
 So you dump it into a hopper.
 It sells at a very high price because it takes so many more grapes and there's a lot more risk involved.
 The plant biology class comes out as one of their labs and picks grapes for an afternoon, which is kind of fun. The kids are enthusiastic.
 So, I mean, grapes have this kind of romantic image around them. People love to think of the idea of growing grapes and making wine. So a lot of people have kind of gotten bitten by the bug and decided to put in a half an acre, an acre, and see what happens. And like anything else, some realize it's not romantic at all. It's mostly just hard, repetitive, manual work. And they say it's not for me.
 and after that week, roughly, we'll press it.
 And it's not some great mystery that you have to have some specialized knowledge about.
 We actually started as a nursery, propagating and supplying vines to other vineyards.
 And the one quarter that's not frozen is concentrated of everything else.
 don't know what climate change can do.
 The admission is free.
 And this kind of the southern Champlain Valley, kind of from Shoreham all the way down to like West Haven, on the hilltops there's this shaley soil. I think it's called Farmington for the most part.
 It's not only sweeter, but it's got a little different flavor profile as well.
 We started planting about 2002 in terms of any size. I think we put in about half an acre in 2002.
 For me, we had an extremely challenging wet summer.
 Underneath that there is a pair of matched rubber rollers that you can set the distance on as to how much you want to crush them and they'll go through that and get crushed. And then they come through and at that point it's just, you know, what we call a must. It's massive crushed grapes and we have big three inch hoes that can pump that out.
 We try to, just as the grapes change colors, which is usually early August, we go through the crew that's been doing the shoot positioning and leaf pulling, we go through one more time looking for any clusters that are lagging, that are still green after the other ones have turned color, and cut those off, just drop them on the ground. They will eventually turn color, but they'll be way behind the other ones, and they'll be underripe at harvest time, but there's no way to distinguish them. So we try to get rid of those who are not bringing underripe fruit.
 So in a year like this where it rained a lot in the early summer, we have to spray a little more because the fungus diseases have the perfect conditions to keep spreading.
 And are they well adapted? Are there still challenges here with this climate? As far as winter hardiness, at least in the Champlain Valley, they're perfectly well adapted. There's really no issue with winter damage here.
 was talking about that we have to deal with in the early summer. What a problem to have.
 We build in some incentives for people to come back and give us a repeat business, which is good for them and helps us build loyalty with people.
 This is a look at our range of wines.
 So we've been here, we've been growing things for a long time.
 So people ask me sometimes, how has climate change affected grape growing here? Actually, people say, well, the reason we're growing grapes in Vermont is because the climate's warming up. No.
 So you press the grapes while they're still frozen, you leave the water behind as ice crystals, and you get this super concentrated juice.
 If we're pushed right to the end of the season, then sometimes you're forced into a situation where you have to pick them because you're running out of warmth and there's no point in waiting any longer.
 How many vineyards are there currently in Vermont?
 So during that week, twice a day, we pump the wine off the bottom of the tank and up over the top of the tank because as soon as it starts to ferment, all those little carbon dioxide bubbles grab ahold of the grape skins and push them up to the top, so you get what we call a
 And when we then go to put them on the filler, that just means that the wine doesn't have any oxygen exposure and the nitrogen doesn't really matter at all.
 And
 They have to have some horticulture, some entomology, some chemistry. All those things.
 ♪ I'll feed that juice box a dime at a time ♪ Play the same old song about love gone wrong ♪ Till the blows of time ♪ Two dollars ought to do me, buddy, you buy the wine ♪ And I'll feed that juice box one dime at a time
 been really popular.
 Are there liability challenges with that or does it go? Oh, we have all kinds of insurance.
 I did little mistakes on my end.
 It's got an auger that brings it down to one end. Inside, it's covered, so you don't see it, but there's a cylinder with holes in it. And the holes are big enough for grapes to go through, but not for the grape stems to go through. And it's rolling one way, and there's a shaft down the middle with little paddles off of it, and that's turning the other way. And those are angles, so it kind of pushes it from one end to the other. It kind of moves it along slowly.
 And of course, as I've gotten into it, I've learned a tremendous amount about wine, and it's a wonderful thing.
 list and on just things like the front porch forum and things like that. And year after year we pulled together a good crew.
 production item for us.
 Now what made this all possible? 15 years ago, Vermont wasn't considered a great growing region.
 Then we have just the pure wine and the skins and the seeds we'll separate, just take out and compost.
 And it's been one of the more satisfying parts about doing it. I'm sure it's very rewarding too. Learning all about it.
 Really the most important reason is we just heard about these new grape varieties that have been developed, mostly from the University of Minnesota and also from a private grape breeder out in Wisconsin, a fellow named Elmer Swenson. And we thought, well, this is going to take off in the North. There's never been the possibility of growing good wine grapes in the North before. And now there is. And let's get in on the ground floor.
 All the flavors, sugars are in that one quarter that's not frozen.
 All I can say is looking over the last 8-10 years, what it seems like is that it's just getting more rain. More and more and more rain.
 MR.
 When I go home, we're back to ounces and pounds. But over here, everything is grams and liters. That's the way it all works.
 So we started making wine and then of course gradually, not of course, but gradually the wine took over and we realized we couldn't do both and let the nursery part of the business go.
 So ice wine is a dessert wine. It's made by leaving the grapes on the vines into the early winter.
 frost, you know, if we start getting like early heat waves and then turns back to cold, you know, that could be an issue. But that's kind of always happened, I guess.
 So I'm not really out to conquer the world anymore.
 I feel clearly we are seeing some changes and some pretty dramatic changes.
 And then actually there's a little cluster getting started over in the St. Lawrence Valley, kind of north of Watertown, in that area.
 I don't think he was ever interested in farming or dairy farming or cows, but he was one of these people that was put on earth with a purpose, and his purpose was to work with grapes.
 And then of course, we come down here and as soon as we back the wagon into our processing area that we call, like everyone, we call the crush pad, because we crush the grapes there. We unload them into the crusher, destemmer. They go into the press or into the tank. We hose out the bins and put them right back on the wagon. The crew is out there.
 How many people do you typically have helping you? It changes from year to year.
 ideal grape regions are on this kind of poor, gravelly, bony soil and really there's no magic to that.
 a lot of times like most farmers we just have our heads down and are worried about the next hour so it's it's it's kind of fun just to stop and talk about it with another farmer so I've been
 The corker actually pulls a vacuum in the little two inch space in the neck of the bottle, sucks out all of the air, and then pops the cork in, puts it back in the case.
 All right.
 And finally, you know, into his middle age, people started to realize what this guy was doing. And people realized that he was creating this whole collection of grape varieties that were adapted to the Wisconsin climate. And not to get too technical on you, but people that had previously tried to breed grapes from more northern climates were using as kind of their base material a species called Vitis, the grape.
 I think it's great.
 I think it helps that it's grapes.
 I think the Champlain Valley tends to be a little drier, a little less foggy in the fall.
 We also have our little shop here and in terms of volume I think we sell probably two-thirds of the wine right here out of our shop. Wow.
 Yeah.
 So we get them pruned, clear the brush out of the vineyard, burn the brush in piles just to eliminate a disease source.
 So then at the end of the week, we pump off what we call the free rind, the wine that's separated itself in that middle section, and then we shovel the skins into brass and press those.
 This is overall our biggest selling wine.
 We put up with all the rain in the early summer as best we could. We had to do more disease control, we had to deal with weeds. But once the weather turned around there, it's really been a nice summer for us. Dry and sunny.
 And so what does that turn into in terms of wine? We make about a little over 2,000 cases of wine. A case is 12 bottles, there's three quarters of a liter in a bottle, so that's nine liters in a case of wine.
 I mean, we feel good about where it is, but it can always be better.
 But ice wine is the grapes are actually frozen.
 was in his early 90s at the time and it was fascinating. He was just a great guy. And then as Elmer got, he passed away a few years ago, well in his 90s. As his work got better known, the University of Minnesota picked up on him.
 that out, whatever, and then that press.
 that could happen.
 have to treat them. I've harvested apples.
 are but I'm not going to be the one to go develop them.
 and really delicious as a kind of a dessert line or something with an aged cheese. A nice aged Gouda cheese would be good.
 So then the next person grabs each bottle, pops them on the filler.
 Right now we have about 12 acres of producing vineyard, a little less because we're in the process of replacing some.
 Sounds good.
 If we don't take advantage of it now, that goes away, because that's their rules.
 So basically this has to be approved by the town-wide voters.
 So when's the next time you're dancing publicly around here? Spring.
 We've got a great community.
 All right, so we're here at the Yes for Belmont table.
 and they're both great organizations. And Erica Hartman.
 What would you say? We have students, we do a lot of exchanges where Waldorf students come to Belmont from other countries and those students go to other countries for 6-8 weeks.
 We have music entertainment.
 So if it gets a little warm like it is right now, in a little while, a couple of weeks, we'll be maybe thinking and hoping back to this weather.
 We're just filming and checking in.
 I think the town residents recognize the challenge we have with going in student enrollment.
 Well, all is a big statement to say all, but many of them will be affected by either extreme heat, extreme wet, extreme cold, and conditions that are very changeable.
 Well, thank you so much for talking to us.
 We'll be talking about reducing plastic waste.
 September 27th is our first one.
 That's wonderful.
 It's a very talented group.
 That work has all come together.
 The voters are going to be asked whether or not we want to fund this school.
 So we have plenty of programming that across the board.
 So tell me about
 And usually we have like three to four show runs and then sometimes six months later or five months later we'll do a rerun and bring it, do an encore.
 And the scholarship is given so that it doesn't affect their financial aid. But to go with it, we give a $400 book allowance so that they get a scholarship, in essence, of about $1,000.
 Thank you.
 I am Bob Fellman.
 Okay, so we're here with Therese with Sustainable Belmont.
 come two or three times, weed, water, take the produce home.
 The most we can have is 20 per grade level because of our facility.
 Awesome.
 I don't know if it really has the impact on us. I mean obviously when temperatures rise and things like that people get a little less patient.
 There are some changes in the animal community.
 Hi, this is Bob Fellman from Belmont Media Center.
 We do think the town also is concerned about the cost and the residents are legitimately looking at the expense of this building and saying, is that the most efficient solution for our community and is this something that the community can afford? So I think we're seeing support on that.
 We support the METCO program by providing after school transportation.
 Now we have to go to the voter of Belmont, get their support for the funding that Belmont residents must provide.
 We call it New England for a reason.
 Thank you. You come up and visit us.
 Really?
 talk a little bit about what you're here to talk to the residents about today. Absolutely. We are
 Yeah.
 time.
 You're happy.
 It will also include District Attorney Marion Ryan, Arlington Police Chief Ryan, our own Police Chief Rich McLaughlin, and members of the Community for Restorative Justice.
 And as everybody knows, information technology is really playing a greater role in all of our lives.
 I always thought history was totally taught wrong in this country and that it should be interchanged with sociology and archaeology.
 Good turnout and have a representative answer on the question.
 We have a sign-up sheet for our newsletter that comes out once a month.
 We also are advertising our Belmont Goes Solar, Belmont Drives Electric campaigns.
 Sounds fascinating. And these are broadcast where? Okay, so a couple things.
 Nice to meet you, sir.
 Particularly a certain kind that's called Morris dancing, hence the name.
 solve our problems.
 They try and then they pick and choose for their membership.
 cross-cultural sharing in Belmont.
 We're working closely with the schools to brainstorm ideas about making sure the schools are supported around diversity issues in the school.
 We have all kinds of events, artist talks, concerts, some craft making things and stuff like that.
 We're getting to the same colleges.
 We give them all the instructions they need and meet them there if they want to.
 Two show run.
 I'm sorry
 So we appreciate all the hard work there.
 How scary is it about doing good things?
 we've got an event coming up in October that we're finalizing and we'll be putting up on our
 I live in Newton now. I'm used to the building of high schools, renovation of high schools.
 That was kind of our first project, but we do work in food assistance, getting fresh produce to people in need.
 So tell me what you do at cybersecurity, even though it's sort of a...
 And that reinforces how they learn.
 The building committee is the group that has done a tremendous amount of work.
 I think there is a lot of support out there for it.
 So the Belmont Gallery of Art is on the third floor of the Homer Building, which is one of the government buildings on Moore Street.
 I know you meant September 12th.
 Do you want to talk a little bit about just what your organization is and what you guys do?
 Great, well thank you so much.
 Thank you.
 So there will be a high school wing and a middle school 7-8 wing.
 As are we.
 Anything else in particular that you guys are working on right now? Well, the Velma Food Collaborative is a 501c3 nonprofit.
 We got a financial model from UMass Boston's Collins Center.
 It becomes kind of ingrained in their heads.
 I
 there.
 But I acknowledge it's a big number.
 Thank you so much for being here.
 neighbors.
 And what is your name? My name is Anne Louget and I am a former business manager at Waldorf High School but I live in Belmont.
 Absolutely. All our education programs have some reference to climate change. Often it's subtle. So when you come and walk our trails, you will see over time the evidence of some of the changes. Our property manager will talk about what we're seeing in terms of changes, invasive species, plants and animals that are also affecting the environment.
 for both the farmers and for the recipients so that everyone wins.
 Have a great night.
 So we're not big on tests, and we're not big on home.
 This is a good way to check it out.
 And then the next show coming up is called the Emotion of Color.
 So on November 15th at 730 at the Unitarian Church we're going to have a program on restorative justice and it will include Senator Will Brownsberger.
 The program is actually going very well at this point.
 Thanks, Bob.
 I'm not the newest, but I'm a newish.
 Hopefully we can double and triple it every year because of the wonderful carbon emissions that we still have.
 and now increasingly so in China, as well as the United States.
 And we'll take it, but like I said, it's a great, great community.
 also for all of our neighbors here.
 No, no, no, no, I didn't mean that. I just meant...
 Bob Fellman from Belmont Media and your name? Priscilla Hughes.
 And your name is? Adeen Storm.
 and that will be at the Belmont Gallery of Art.
 You know, we still have to fix the old school.
 But we also dance. The children's team might as well.
 Alright, well thank you so much.
 But I understand what you're saying.
 Thanks for talking to us, guys.
 We have recordings of all of our meetings on that.
 I read about that, 100%. Thank you.
 So it's a fun way to kind of try out the garden and see what's growing and maybe grow something they haven't grown before.
 Very nice looking, yeah.
 This is the Encore.
 What does that mean? I don't know what that means.
 Obviously that's gone into this and lots of people who are involved with trying to get this through.
 Facebook page so you can find us on Facebook and see the latest updates.
 I'm an old real estate developer.
 Here's another good thing.
 And we do a lot more than just the farmers market.
 Nice to Bob Felleman.
 So they're studying the history, but it's incorporating art, it's incorporating religion, and then they create what's called these, well they're like a portfolio, and they convert their notes into
 with Meg. Thank you for talking to us.
 and we do shows again and again and again.
 Does it happen or any second?
 you want to talk a little bit about what might happen if it doesn't go through? So I mean you mentioned that there's been a lot of work the
 You must have a sense of how the town voters are feeling at this point.
 Okay, great.
 And I'd say that's about it.
 Thank you.
 so we can try to figure out where we need to go financially and going forward to make sure that we are being fiscally prudent and see if we can prolong the need for an override as long as possible. So I think things are going really well.
 and they feel such pride and ownership in being able to help do something.
 Why is that? Well, we're on Lexington Street.
 different vendors there.
 And it's, you know, I grew up in Brookline.
 What we are is a non-profit group and we get together and we put up plays year after year
 I
 Do you do any, the things you're saying you do, do you spread any of that material education-wise?
 We are made up of anybody who would like to join us and meet their neighbors in a social environment.
 So I'm here to join the director of admissions.
 So that's one thing, but we also have other things.
 Thank you for talking to us.
 and that's gonna be on September 10th.
 You're big on learning in a new way, in a new format.
 Maybe if you want to get on the waiting list for your own plot or some people have a garden at home that doesn't grow well and it's fun to try out someone else's garden where there's maybe more sun, someone else has already planted stuff.
 Tell me in general how the program is going.
 I'm a hypothetist.
 of the program on November 15th.
 And Waldorf education is something that's very prevalent in Europe and South America.
 Spring also in the beginning.
 What is going on in the town that's of any concern to you or any troubling issues or just normal? Well, there's a lot going on, but I got to say a lot of positive things going on. Getting our community path moving is the thing we're working on very hard now. 25 years in the making, getting that rail trail and
 It just builds awareness.
 Anybody can come and see it.
 We'll keep our eyes out for you. Good luck.
 in Belmont.
 And so this is really crucial. If we want this $80 million, if we want to make it cheaper for Belmont residents, we've got to vote yes now.
 If we don't pass it, then we still have the problem.
 for the spring to go see you? The adult team might have enough people to dance tonight at this event.
 How are you, Dean?
 Tell me about this fire and rain.
 with Ann and Kim.
 And you can find us if you go to YouTube and type in ITAC or Belmont ITAC, you'll find our YouTube channel.
 Let me ask you a crazy question.
 We have right now an opportunity with the state, they're going to give us an $80 million state grant to build this school.
 And now we have a schematic design and a plan to put in front of the voters to ask for their support.
 Are they both?
 Hi Bob, how are you? I'm Naomi Ellenberg-Dukas and I am in the Belmont Art Association and also part of Belmont World Film.
 It seems like, and I'm not from Belmont, but I've been working here about a year and a half.
 I'm joined with Ellen.
 So Waldorf High School is not for any one particular kind of student. It's for a different approach to high school education.
 We've got fruits and vegetables and meats and fish and entertainment, story time for kids. What else do we have? There's more.
 I mean, we're fortunate here in New England where we have the change of seasons.
 I would assume.
 Love it.
 I think they realize the challenges we have with our aging schools.
 We'll be talking about the program to help kids understand reducing greenhouse gas emissions.
 First one is.
 All right.
 We have a wide range of things. We have a programming coming up in November about the social justice issues around the new criminal justice laws.
 that meets the educational needs of our students.
 What would a yes vote mean if people do vote yes? So a yes vote means that we get to build the school.
 It sounds like you do great work.
 We are hoping to take our meetings to the media center so that we can have them for people to
 You're welcome. Thank you.
 They do a really thorough job as far as the script, as far as rehearsals, as far as wardrobe.
 And we also, of course, have a residence scholarship as well.
 Well, we're a small private school that many people don't know we're here.
 We have a garden at Rock Meadow, one small garden plot where people take turns taking care of it. So a family will sign up for a week, they'll
 How many students attend the high school? There are between 60 and 75, so it's small.
 Media Center you are? I'm Harriet Wong representing the Habitat Intergenerational Program.
 That's correct.
 And so that's a fun thing to do.
 Climate change, does it affect law enforcement at all? I know the firefighters say it does.
 here at the festival, the Chenery School, about to talk to some interesting folks about their situations and roles in Belmont.
 I think we're also seeing significant concern. Ultimately, from my perspective as a member of the community, I think it is the right path forward for Belmont.
 We're seeing changes in the plant community.
 So we have the $80 million commitment from the state.
 I got you. And are there groups like you all through the United States? There are a lot of groups in the Boston area, a few up in Minneapolis.
 There are many issues that we've taken on over the years. We've worked very closely with the schools.
 A lot of good people doing a lot of good things.
 talking about the Belmont 7 to 12 school.
 Sounds good. Sounds like you do wonderful things.
 We're going to talk about bringing the restorative justice model to Belmont.
 True.
 We had it.
 flowering trees that bloom in the spring. The garden club maintains and plants the garden next to the library which has been a place that everybody enjoys during the summer time.
 Thank you for your time, sir.
 We have a list of activities that are coming up in the near future.
 And we advise the various town committees, including the selectmen, the school committee, and the library board of trustees, all of whom appoint members to our committee. But really, the other committees in town, and really the population as a whole, we advise them on matters related to information technology.
 But I always thought like history is one of my subjects.
 That's what I was on my police doing these days.
 want to bring those targets in a little bit so that it makes a little more sense. And that's about it really.
 doing a talk this fall on fake news and how to spot fake news, as well as on artificial intelligence and some of the changes that are coming in our economy and our society with machine learning and artificial intelligence.
 so people can stay, students can stay after school and participate in drama or theater or sports or whatever.
 And we have programs for our members, flower arranging.
 We hope that we'll collaborate more with the gallery.
 Old English Dancing Group.
 A yes vote means we build it.
 It's an event that the Belmont Cultural Council funded and it's Portraits in Fabric, February 22nd.
 Hey Tom, Bob Felleman, Belmont Media.
 Old English
 I'm Rich LaPua from Belmont PD.
 It's hard to get in there, right? To get a plot there. It's hard to get your own plot.
 And just for those who might not have stopped by your table today, can you give us just a quick description of what your mission is, what you guys do in town? I mean, I think it's pretty self-explanatory.
 It's abstract art for abstract artists.
 It's a kid-friendly event for parents of school-aged kids.
 Some of that work we do through the food pantry, making fresh products available. But we also provide benefits to the people who are on the SNAP program at the market, so they can use their SNAP benefits, and we match it.
 So I'm the chairman of the IT Advisory Committee or ITAC and we're actually a venerable committee here in Belmont.
 And you're smiling.
 And it's a toughie, but make America great again.
 We already had it.
 So yeah, it's part of everything that we do.
 Our goal is to help Belmont be a sustainable, environmentally friendly community.
 And we're working with the Selectmen to see if there might be interest in making some of our other committees in Belmont, actually working with Belmont Media Center as well, making some of our committee meetings internet accessible, allow people to participate remotely, and also make them available online.
 Tell me about the Belmont Culture Council.
 I'm sorry. I said February, but I meant September.
 been at it for two and a half years.
 In fact, the president is coming around the corner so she can tell more. But this is a group that's been around a long time.
 It's a play or film? It's a play.
 Priscilla.
 moving on that.
 The more they get to experience the interdependency
 Yep, and there's St. Luke's Church, and we're in the top two floors of the old St. Luke's School.
 and that's been a really great opportunity at the market.
 Thank you. Tell me what your name is.
 Nice to meet you. Question.
 How many members are there of the government? 135 members, two of which are honorary, eight of which are provisional.
 We have a car charging station.
 How many people do you have at any one time? We had an event at Conley's a couple months ago. We had about 50 people who joined us that night.
 I said, what is it? She said, I have no idea.
 So our major milestone coming up on November 6th will be an important town vote where the town will decide whether or not they will choose to support the construction of this new project.
 Hi, I'm Bob Thelman from Belmont Media.
 And it's a club that just enhances the town tremendously.
 It will be covered by Belmont Media Center.
 And then we have a special pop-up fundraiser with African arts, like I'm wearing. Where am I here?
 It sounds great, it really does.
 Awesome.
 So do you do things to try to attenuate changes for the animal habitats, or can you? Well, I'm an educator, so I can't speak to the organization as a whole. But we do things that are ecologically sound.
 This play, this particular play, is all female cast.
 But I think this weekend we're doing a performance up in Vermont with a whole bunch of other groups.
 and it's a more holistic approach to education, not just alien, not just keeping subjects separate. They really try and weave in a lot.
 You're a newbie.
 It's wonderful. It's heartening.
 I'm the treasurer of the Art Association.
 Thank you.
 In addition, as a committee, we record and stream live all of our own committee
 still have to fix overcrowding.
 Thank you for talking to us and thank you for having a wonderful club.
 We'll be having a members meeting where somebody will be presenting their artwork.
 Thanks! This is fun!
 I will, definitely. Thank you, nice to meet you.
 Can we talk a little bit about some of the things that you're promoting today? We've got our farmers market that runs every Thursday afternoon through the end of October. We are 2 to 6 starting after Labor Day.
 It is indeed.
 Happy to.
 Correct.
 I think it's in the spring.
 As you can see over here, our-
 might be an example of one thing we're seeing more of that's being attributed to changes in climate.
 The President.
 It's not just for newcomers.
 So I think there's a lot of support for that.
 have breads and pastries and it's just it's a very congenial atmosphere.
 It was great around here.
 Thank you.
 And it's really important. The town desperately needs it because the school is very old and needs a serious renovation because there is tremendous overcrowding in our schools. And this solution solves overcrowding throughout the whole district, all six schools.
 That's
 Sounds wonderful. I like that.
 Yeah, great. Is there been any events in November?
 We'll be talking about safe routes to school.
 So, these fireside chats are covered by Belmont Media Center. They're at the library, usually in the community room at the library.
 Sounds exciting. I used to teach.
 Thank you. Have a good night.
 you
 Sometimes they're men and women. Most of the time they're mixed.
 We give scholarships to both graduates of Belmont High and for residents of Belmont.
 3
 I'm Bob Fellman from Belmont Media.
 And I think we do it in the most cost-effective way that we can.
 I do have questions.
 and tell me about the gardens.
 That is up to the people in November.
 And I went to the farmers market couple weeks ago and
 every town in the world.
 People are out there and about and they take their job very seriously.
 and it's going to be two schools in one.
 I don't know how many people make up the cultural gavel.
 Good to see you, I'm Adam Dash.
 The art is art inspired by music.
 And once that's done in November, if it's successful, we can then begin construction.
 Morris dancing comes from England, we're New England, there are a lot of groups around.
 I hope everybody votes.
 So we have a penny poll. We have 10 pennies for anybody who wants to vote to tell us what issues and what environmental issues they think Sustainable Belmont should be working on this year.
 out what the students do. So for example, there's history. Every day, the first 90 minutes is called the main lesson block.
 This is the encore.
 We do all kinds of things that we feel are very important for the town.
 Education is a big piece of course and what we try to offer is experiential education for children, teenagers, adults and seniors to work together and help to look after the sanctuaries.
 It'll be a very interesting evening.
 I'm exhausted just hearing about it.
 You mentioned the film. Is that part of? No, I'm just the chair of the board and the founder.
 Great, awesome.
 We support all sorts of programming, especially discussions around sometimes books.
 We also on October 3rd, that meeting will be about a road map to meeting our climate action plan.
 So one of the things that we've done in the last couple of years is to do a series of fireside chats on topics related to technology that we think, where we think there's a lot of interest or need in the community for information.
 So if people check out our website, Facebook page, Instagram, there's always something new coming up.
 It sounds good.
 Ellen, thank you so much for talking to us.
 Hey there, I'm Bob Fellman from Belmont Media.
 We have all kinds of different foods.
 Fire in the Rain is a play, all female cast, 28 casts of characters.
 At this point now, the Massachusetts School Building Authority has provided their stamp of approval.
 of the spring.
 What do you folks do for Belmont? What does the neighborhood club do? We're the newcomers and neighbors club.
 And I think there's an acknowledgment that we need to provide 21st century education experiences for our students.
 It's affecting all the animals.
 Our presentations, our women.
 And I think doing that with the younger generations is crucial.
 social and pleasant place and lots of fresh produce. Great local food, a nice place to run into neighbors and catch up.
 We want three months for all, that's all.
 Just jumping in
 This year we were presented with a proclamation by the selectmen for all the work we do in the town of Belmont.
 I'm a printmaker and I wasn't signed up for this.
 So it's a great project.
 be talking about trash bashers based right here at the Chenery.
 And our first one, I believe, is Charlie, September 27th? Tech Talks, yes.
 Nice to meet you.
 Thank you for your answers and your questions.
 Oh, what did you teach? I taught at BU Law School, London School of Economics, et cetera.
 We're here with Miss Elizabeth Warren.
 to worlds.
 A couple of years ago we realized that Belmont was drawing from a larger community, so we decided to revamp our scholarship and give it to anybody who graduated from Belmont High, regardless of residence.
 How is climate change affecting Bas-Audubon and Belmont? Or is it? I think it is, but...
 The Garden Club has been around since 1930.
 How are you? Very good.
 I think with one project, we actually address a lot of those concerns that I mentioned.
 There's a lot of stuff going on.
 Yes, but you know what, I think overall, I don't know if it really does impact us.
 God willing, a new high school will be started very soon.
 But I know that the director of the gallery, Rebecca Richards, is on the cultural council, too.
 the chair of the Belmont Board of Selectmen.
 It's good to hear. Crime's under control. We do a very good job.
 This is the school that is going to be built to replace a lot of the current high school.
 So you're a politician.
 So these are English groups, not Irish groups.
 once every two months. We've got this music show that's pairing up with Borscht Fest.
 and it goes for four weeks. And students do a deep dive.
 I understand.
 Can you tell us a little bit about what you're doing?
 So we hope lots of people could attend.
 Our original run was already back in April, I think. End of April, right?
 maintained many of the Deltas. All the trees on Concord Avenue were bought and purchased by the Garden Club.
 So they're out in the woods, they're helping to maintain the trails, they're pruning and trimming and taking out invasive species. They're doing all kinds of tasks that are part of looking after our environment.
 There's a group called Story Starters that we support that help parents talk about race with their kids.
 I'm assuming there's been lots of research.
 And what that means is you try all the different programs that we offer. Community planting, Garden Club at the Manor, Junior Gardeners, Woodland Garden, all of the different things that you see listed on that form.
 Sounds like a good idea.
 Belmont has a climate action plan with targets for 2050.
 Cyber security has been an area where there are, in which we really feel like there are a lot of people who, a lot of people who need good information about threats that are online, protecting their personal information.
 How many people make up the Belmont Cultural Council? Oh, well, now the Cultural Council, this is the gallery.
 Hello Bob, how are you? Good, and you are a member of the Board of Selectmen. I am a member of the Board of Selectmen and a member of the Belmont High School Building Committee as well.
 English dancing.
 We're going to be having our upcoming show.
 So we're the environmental organization in town.
 should be really interesting to be able to compare.
 I'm Bob Thelman, Belmont Media.
 And is that something that's open to anyone in Belmont? It's open to anyone in Belmont. They just go sign up for their week and then I send them instructions and then they go. So it's a great, fun way to get involved.
 So they get up to $20 a week.
 been around for I think about 20 years if not more.
 We have a garden tour on September 8. Our next meeting, which is going to be September 12, is all about greening your back-to-school experience, so it's for parents
 Now we're doing the answer.
 Sounds like you're doing a lot of good things.
 That's great. Sounds like you're doing good things.
 And so I come at it in a lot of different ways, but all towns are facing very similar situations. Sometimes a little different, but in the end, the generations that are a certain age has to be willing to support the new high school, the new grammar schools, otherwise the next generation gets cheated.
 like to partner with other municipal organizations like the DPW and with the Vision 21 Implementation
 Sounds great. Sounds like you're doing good stuff.
 started in the 70s in response to some of the rioting and race rioting that was going on and the community felt they wanted a way to talk about the discussion and they decided they wanted to work locally to make sure Belmont was a place where families of any race, religion, any orientation to come and be welcomed in Belmont.
 We are trying to help communicate and have a big conversation with voters to understand why this is so important for the town and why we need to vote for it.
 That's great.
 We're also having a members meeting at the Belmont Gallery of Art and that will be February
 The live play is going to be held at Belmont Town Hall Theatre on Saturday, 22nd of September and Sunday, 23rd of September. And is being presented by SETU, which stands for Stage Ensemble Theatre Unit.
 use.
 So we're in a classroom setting with a gym and all of that.
 and then also the underpass of Alexander Avenue to connect the Windberg neighborhood to the rest of the town.
 you get them out the better off it is.
 And you are? Marion Miller from the South Side of Unhabitat.
 And we have to do education, so.
 My name is Paul Roberts.
 So we host events once every couple of months and get all of the neighbors together so that they can meet people that they have not been able to meet in the past.
 I was talking to, I'm not from Belmont, I'm working in Belmont, and I asked someone who's graduating Belmont High School next year, because I saw Waldorf High School, and the thing I said, I think I drive by that, it's a big school.
 When you join the Garden Club, the first two years of your membership are provisional.
 So people with electric vehicles could be viable in our parking lot. And we promote ecological practices to mitigate some of the carbon that's affecting the environment.
 We tried very hard to get it.
 The committee has been working for the last couple of years in developing a design concept and trying to make sure that we've got a plan that meets the environment challenges that we have as a community, that take care of the dilapidated or failing infrastructure in town.
 What do you folks do? We're Bambri Cross Morris.
 Yes, and I would tell you it's actually an old format.
 So it's a great, it's a fun learning opportunity.
 you'll be able to see it on Belmont Cable as well as on the website.
 Very good.
 So we have solar panels that help to generate most of the electricity that we use.
 That's right.
 That's a little far to go, but okay.
 How long have you been on the board? I've been on the board about a year and a half or so, since April of 17.
 I see more and more programs like that.
 As a high school, it starts at 11.50 in the morning, which is already an hour and 20 minutes later than Belmont High.
 and an artist. And you can see my pictures here.
 Okay, so we're here at the Belmont Food Collaborative and Farmers Market table.
 So we're trying to sort of lead by example by making all of our full committee meetings accessible to the public online.
 Okay, so we're here at the Belmont against racism table.
 We try very hard to give back to the community because we love it and we want others to find it lovely too.
 You can see it.
 Any other way of fixing it is more expensive.
 Developing systems to ensure I remain responsive to these students and their families will be challenging work.
 Come on votes to limit the number of marijuana retailers by Joanna K Zavala.
 They would also like to purchase a handicap ramp to make the house accessible.
 He said commuters would pay $150 a month for a parking space if there was a garage built in Belmont, perhaps at the current site of the Municipal Light Building on Concord Ave when it is no longer needed by Belmont Light. The new parking meters in Belmont Center have generated additional revenue for the town, but monthly passes for commuters would generate more revenue, said Karman.
 The Community Preservation Act funds paid by Belmont taxpayers annually are helping maintain historic properties like the 1853 William Flagg Homer House.
 This could potentially mean early morning practice times, possibly at 5am at an off-site location.
 With the fourth grade moved out of the elementary schools, available classroom space will be utilized to provide differentiated educational space for programming, computer, art, etc.
 That's just the nature of the beast," he said.
 The building project will continue moving forward this year.
 Here are the answers to six questions provided by the Belmont High School Building Committee, which were sent via email to the Citizen Herald.
 Mutual aid was provided by the Waltham, Cambridge, and Arlington Fire Departments.
 We are incredibly grateful for the time and resources Belmont Media Center, under the leadership of Jeff Hansel, has put into this video, and we are pleased that the Belmont community will have the opportunity to view the project, the project story, through such an effective medium. Along with my colleagues, Claire and Max, we thank you for listening to the Talking News, and hope you've enjoyed the show.
 The Massachusetts School Building Authority, MSBA, will reimburse the town for $80 million of the eligible costs.
 To ensure a long-term protection of the home from demolition, the Belmont Women's Club listed the home on the National Register of Historic Places as part of the Pleasant Street Historic District.
 back to you, Bob.
 The other seven precincts voted 2-1 in favor of limiting the number of marijuana retailers.
 approximately one dozen of which need to be repaired or reglazed.
 The homeowner would be paying this additional amount annually until 2048.
 We will be able to stave off an operating override for a year or so, but there will be one in 2021 for $4-5 million," he said.
 Facilities and utilities costs are still estimates at this time.
 It was a little bit of stubborn fire.
 And now we'll declare.
 Farman also believes there will be a need for a town operating override in 2021 and possibly another one in 2025, which includes the operating cost of the new school, growing school population, and other town capital project needs.
 Through these jobs, I've experienced the Belmont community from several different perspectives and know this will help me as an assistant principal.
 Public Power Week provides utilities like Belmont Light the opportunity to remind taxpayers that local residents make an important decision about their public power services, said General Manager Chris Roy.
 Cannonbaum, however, resigned from her position as treasurer of the campaign on September 24.
 Frizzell said the majority of the damage is in the nail salon, body trio, and the demagistries' residence.
 As the vote for the debt exclusion to fund the proposed grade 7 to 12 high school building is less than six weeks away, the Belmont Citizen Herald thought it would be helpful for readers to get answers to some questions which may not be available on the building committee's website.
 What is another example of a grade 7 to 12 that would be comparable to what is being proposed in Belmont? It could be anywhere in the country.
 Has anyone ever wondered what the stately, ornate mansion sitting on the hill across from Town Hall at the corner of Concord Avenue and Pleasant Street is? Thousands of people drive by this historic structure daily.
 If BHS project moves forward, alternate pool needed by Joanna Kay Civellis.
 This would add $1,390 to the Homeowner's Annual Real Estate Tax Bill for a home assessed at $1,003,750.
 Belmont High School special education teacher Michael Bruno has a new role this year as the part-time assistant principal at Belmont High School.
 Please see the photo of spreadsheet at the current MSBA projects.
 The Impact of a Debt Exclusion by Joanna Kate Suvellis
 And now on to the talking news.
 She said the recreation department uses the pool every weeknight throughout most of the school year, either for dolphin practice, public swimming, or both.
 It's Monday and all of us usually have not a lot going on Mondays, said Donna Ognebenni, owner of Body Trio.
 This year marks the 32nd annual Public Power Week sponsored by the American Public Power Association.
 Taxpayers will start feeling that in their 2020 real estate tax bills.
 She stated that concerned neighbors have written letters to committee members and the newspaper.
 Upon arrival, Frazell said they discovered a fire inside the wall of Vanti Nail Salon, 86 Leonard Street.
 The opportunities for thoughtful educational connections between grades could include mentoring programs and other cross-grade learning opportunities, as well as access to shared robotics labs, maker spaces, and other educational areas.
 Dr. Vacci Saradarian of the Saradarian Dental Group located on the second floor, 84 Leonard Street, said someone in his office called the fire department when they noticed smoke coming out of the electrical outlets in their office.
 The borrowing will be done in phases over five years and the real estate tax impact would occur in the year of the financing.
 I strive to be a thoughtful listener and remain open to various perspectives in order to use new knowledge to make well-informed decisions that will have a positive impact on the already incredible culture at Belmont High.
 Belmont Light to celebrate Public Power Week.
 That's because public power utilities are consumer-owned and operated and provide reliable, responsive, not-for-profit electric service.
 The committee answers building questions. Grade 7 to 12 building proposal explained by Joanna K. Suvelis.
 The specific issues listed by the committee are current site design for new high school does not adequately address issues of safety for students walking, biking, being dropped off, or for vehicular traffic.
 De Magistris said he was shopping at Whole Foods in Cambridge when he received a call from his son, Lieutenant Darren De Magistris, about the fire.
 The impact is that historic properties and archives of documents and objects are key to our community's identities.
 Thank you, Claire.
 Does a school this size exist anywhere else? Billerica, Duxbury, Scituate and many other regional schools.
 In 2020, Carmen said he would borrow another $85 million at 4.5% for 30 years.
 Meet the new part-time Belmont High School assistant principal by Joanna Kay Zavellas.
 How will students in the lower grades in the new building be kept separate from the students in the higher grades? Will the middle school configuration be 7th and 8th and high school still be 9th through 12th? How is the building being designed to keep the upper and lower grades separate? With lower grades on the Belmont 7 to 12 school campus, careful work will be done to ensure adequate separation between younger and older students.
 Town Treasurer Floyd Carman has had many inquiries about the debt exclusion for the Belmont High School Building Committee's proposed Grade 7-12 High School Building Project from taxpayers who want to know how it will affect their pocketbooks.
 I think it's unusual that most of us were not in the building, having to evacuate clients and get them to safety. Body Trio has been in its Belmont Center location for 10 years.
 Listen anytime on the BMC Podcast Network on SoundCloud and iTunes. Just search for the Belmont Media Podcast Network.
 Where would the students practice and have meets while the Higginbottom pool is out of commission? According to June Howell, Recreation Department Office Manager, approximately 450 swimmers who use the pool through the Recreation and BATS program will be affected.
 To celebrate the benefits of public power, Belmont Light representatives will be at the Belmont Farmers Market on October 11th and will sponsor an ice cream social at 1.15 p.m. on October 12th at the Belmont Senior Center at 266 Beach Street.
 attended scores of meetings, and provided ideas proven in other towns.
 That fire had extended up into the walls and the roof area next to the Vanti nail salon and above the nail salon, he said.
 You're looking at a debt exclusion in November.
 After the fourth grade is moved to Chenery, what will be done with the extra space at the four elementary schools? At this time, it is anticipated that classrooms will be used for their primary purpose.
 As he and his staff left, he said they saw smoke coming out of the HVAC vents that served the nail salon next door.
 Town Treasurer Floyd Carman gives estimates of the annual cost of the new high school to taxpayers at $181 per $100,000 of a homes assessed value.
 What are you looking forward to most about your new part-time role as Assistant Principal at BHS? As I work with students, families, and staff this year, I most look forward to learning from the experiences the members of these groups bring to the BHS community.
 Belmont Light will join more than 2,000 other public power utilities to celebrate the benefits of hometown, community-owned and operated electric utilities during Public Power Week on October 7th through the 14th.
 The overall results of the special town election on September 25th were 63.34% for limiting the number of adult use recreational marijuana retailers to two, which is 20% of the number of licenses issued for retail sale of alcoholic beverages, not to be drunk on the premises where sold, and 36.66% against legalizing
 And now to my colleague, Claire.
 I'll be moving from a caseload of 25 students as a special educator to being responsible for over 400 9th and 12th graders.
 Currently there are only 10 monthly commuter passes available in Belmont Center for people who take the MBTA commuter rail.
 Available space will also be used to support special education, ELL programming, and after-school programs.
 The home is also available for the public to rent for private functions.
 Athletic Director Jim Davis has assured them he will find another pool for students to practice.
 If you increase your capacity, there will be more students coming into the system.
 Thankfully, our highly qualified administrative team and exceptional staff will provide support while I work through this learning curve.
 How much is a building of this size going to cost and operate and will the town be able to afford the operating costs of such a building? The school department budget has increased over the last few years to support increases in enrollment.
 Concern over damage. The owners of the Vanti Nails and Spa and Lavender Wellness Massage were not at the scene.
 We will return next week for another edition of Local News Happenings Around Belmont.
 Murphy has done a lot of research on the property and found a letter dated March the 7th, 1927 from the Belmont Women's Club President, Bell Chaffee, which states,
 However, the cost would be $2-3 million.
 the net to the taxpayer is $215 million.
 This would bring the total to $1,810 added to the Homeowners Real Estate Tax Bill for a single-family home assessed at $1,003,750.
 no one to clear.
 Murphy said it would cost $2,000 per window and plans to submit another application to the Community Preservation Committee to fund this project.
 Karman believes the rising real estate taxes won't end with the operating override in 2021 if it passes.
 This building will cost much less to heat and cool and power per square foot than any other Belmont building.
 It probably took about 45 minutes to an hour to make sure it was all out because we had to open up multiple walls, roof structures, and outside sheathing, he said.
 Thank you, Bob.
 All of these figures are estimates and assumes the high school budget is on the project is on budget and will get reimbursed for all the eligible MSBA costs.
 What do you think is important for parents and students to know about you? I've been with the Belmont Public Schools for 14 years in a variety of roles including wrestling coach, tutor, middle school teacher, BEA membership chairperson, high school teacher, lead special education teacher, and now assistant principal.
 Two Golden Street residents are listed as the chairman, Deborah Chalanian and Amy Tannenbaum.
 Leon de Magistris, owner of Leon and Company, owns the building and lives on the top two floors.
 We're proud that Belmont Light has been part of the community for 120 years and we plan to provide the same level of quality, reliable electric service to our community for many years to come. In addition to Public Power Week, customers of public power utilities have access to programs and services not usually available to customers of private electric utilities, including conservation services,
 The mission to protect, preserve Belmont's historic home by Joanna K. Zuvallis.
 I would like to become an unconditional supporter of the new school building project and could do so as soon as town leaders share a set of commitments in writing, she said.
 In March 2024, he would borrow plus or minus $45 million at 5% for 28 years.
 The Belmont Citizen Herald recently asked Bruno some questions to help readers get to know them and him a little better.
 Campaign Against Debt Exclusion formed by Joanna K. Zavala.
 Thanks, Max.
 Additionally, there are many exciting educational opportunities that exist when 7th and 8th grades are included on a high school campus.
 On November 6, Belmont voters will be asked to approve a debt exclusion of $295 million to help fund the grade 7-12 high school project.
 Watch and listen to the talkie news every day at 12 noon and 6pm on channel 96 Comcast Xfinity and channel 30 Verizon Fios.
 If the debt exclusion to fund the new grade 7 to 12 high school building in Belmont passes on November 6th and the construction project moves forward, the Higginbottom Pool will be out of commission for about two years from the spring of 2019 to the spring of 2021, while the roof is removed and a new level is added onto the building.
 While the leaders of the school building committee and other town committees have spent an extraordinary amount of time hearing suggestions from many stakeholders in the neighborhoods, they have not committed to any actions that will ensure that the four schools neighborhood, the area between Belmont High, Wellington, Burbank, and Chenery, is safe for walkers and bikers, wrote Tannenbaum.
 Belmont Fire Chief David Frizzell said the fire department got a call at approximately 1.45 p.m. from someone at 884 Leonard Street reporting there was an odor of smoke.
 Some of America's largest cities, including Los Angeles, that would be Los Angeles, San Antonio, Seattle, and Orlando, operate publicly owned electric utilities.
 Ensuring that students are situated in spaces meant to be classrooms is a priority.
 Thank you, Claire.
 In 2015, the town meeting approved $100,000 of community preservation funding to be used for rehabilitating and restoring the Homer House.
 fire damages buildings. Two alarm fire breaks out in Belmont Center Monday by Joanna K. Zavellas.
 Garman says if the debt exclusion passes, he would borrow $85 million at an interest rate of 4% for 30 years in March 2019.
 What do you think your greatest challenges will be? I'm quickly learning that there are many components of this new position that pull focus away from the student.
 Thanks, Max.
 Thank you, Max.
 This would pay for repairs to the land from runoff damage and for the removal of trees and parking can be added to the right side of the driveway.
 Belmont Historic District Commission Co-Chairman Lauren Meyer said the Homer House is one of Belmont's most significant historic buildings for its Italianate architectural style and character and its historic association. The Belmont Women's Club has fundraisers throughout the year and relies heavily on its membership dues to keep up with the cost of just running the house
 I will continue to reach out to any place I can see that has a suitable size pool," she said in an email to the Citizen Herald.
 I have since spoken with town leaders who indicate that they are committed to implementing some of these ideas and thus have requested that my name be removed at this time.
 Carmen said he doesn't know what the additional costs will be to operate the new grade 7 to 12 building if the debt exclusion is approved and the building is constructed.
 Part of the attraction of this position was the opportunity to be involved in the many important decisions that will need to be made about the physical space of BHS and the vision-instructional models moving forward.
 The Belmont Media Center and video producer, Lucas Tregos, did a fantastic job of depicting the building conditions at Belmont High School and detailing the Belmont High School building project process, said Bill Lavello, chairman of the building committee.
 Higher staffing levels are needed with or without a new building.
 I'm really grateful no one was there.
 On Saturdays it is used for swimming lessons, including sport, special programs organized for recreation time, clinics and public swimming, and on Sundays for public swim. Howell said she has been actively seeking an alternate pool to be used for Belmont's recreation programs.
 Winslow spent many of his summers at his uncle's house, and much of his work depicts scenes of Belmont people and places, including his uncle's home, according to Belmont Women's Club co-president Wendy Murphy.
 As of press time, Davis has not found an alternate pool. Temporary pool option?
 Garman says if the town increases its parking spaces for commuters, it would help stretch out some of the need for operating overrides.
 Opponents of limiting the number of marijuana retailers only won in precinct 4 by just one vote.
 next project that needs attention in the windows.
 Some may note a sign hanging in front of it that says Belmont Women's Club, but still have no idea what the significance of the building is.
 There are rules in place and professional staff who work to ensure student safety each day.
 Leonard Street and Pleasant Street were temporarily closed between Concord Ave and Leonard Street to allow the crews to work.
 On top of the debt exclusion, we'll have to have another infusion because this is a brand new facility.
 Now he is Max.
 The magistries will not be able to return to his home for at least two months due to the damage.
 Carmen said there aren't more available because the Claflin Street lot parking is reserved for shoppers in Belmont Center. Over to you, Bob.
 Over to you, Bob.
 Murphy said they need at least $400,000 to get the house restored.
 social and educational events planned for members throughout the year.
 If Howell is unable to find an alternate pool space, she said, the Recreation Department's aquatics program will have to be suspended until the new high school is built. At the September 17th Selectmen meeting, Town Administrator Patrice Garvin said she is committed to helping the Recreation Department find an alternate pool.
 He estimates it will cost an additional $1-2 million per year for the additional staff.
 This work will not be easy, but thoughtful decisions made at this point in the process will have a positive impact on the school experience we want for our students for many years.
 They have listened respectfully but taken no action whatsoever.
 The Belmont High School Building Committee recently announced the release of a Belmont Media Center production, Belmont High School Today. The video includes first-hand accounts from Belmont High School teachers and administrators about the impact of deteriorating building conditions, overcrowding, and faculty-related limitations on students and teachers.
 I have called dozens of schools, clubs, and communities to see if there are hours available but have had no success to date.
 We will continue to increase budgets as we grow.
 There were no known injuries.
 If it wasn't for a group of women in 1927 who pooled their funds together to purchase the 1853 William Flagg Homer house, the property would have been demolished by a developer who planned to tear it down and build seven lots on the land, according to Murphy.
 Bill Lovallo, chairman of the Belmont High School Building Committee, said the design and construction team explored a temporary pool option.
 He said there most likely will be a need for a second operating override in 2025. Carmen said all future financial decisions need approval by the Board of Selectmen.
 Voter turnout was 18.22%, with 3,169 out of 17,392 registered voters braving the rain to have their voices heard.
 The cupola project is almost completed and according to Murphy, there may be about 14,000 additional CPA funds that can be used to replace the chimney, repair or replace the exterior molding which recently suffered water damage, scrape and repaint peeling exterior trim, and replace the bulkhead which is made of plywood and has deteriorated significantly over the years.
 How will students be safe in a building of this size and scope? The Belmont Public Schools have established a climate of safety.
 Frizzell thinks the amount of time the businesses will need to be closed will range from a few days to as much as a month or more, depending on the damage.
 American artist Winslow Homer was the nephew of William Flagg Homer, who built the house at 661 Pleasant Street in Belmont in 1853 as a summer residence.
 His German shepherd, Lula, was home when the fire broke out and was beginning to inhale the smoke, but Darren got her out in time.
 The growth isn't going to stop because if you build it, they will come.
 Thanks Claire.
 Safe Schools Neighborhood, a campaign to ensure safe routes to the new Belmont High School building, filed its form for campaign financing with the Town Clerk's Office on September 20th at 3.59 p.m.
 The party trio is located on the second floor at 21 Alexander Ave.
 We're accountable to the people we serve and are committed to serving our ratepayers, keeping rates low and contributing to the economic development and sustainability of the community. Belmont Light employees are committed to providing reliable, safe power and service to all of our ratepayers and have been doing that since 1898, Roy said.
 The issue, preserving and protecting our community's historic resources, requires substantial investment from governments and private donors.
 Now here's Max.
 Thank you, Bob.
 The amount depends on the reimbursement the town receives from the MSBA for eligible costs.
 Here are the responses he sent via email.
 Some strategies may be employed to achieve this include physical separation of classroom wings, adjusting school schedules such that older and younger students arrive and depart at different times, and carefully controlling the flow of students through communal areas.
 Last week he prepared a financing plan to help give people an idea of the financing and the cumulative real estate tax impact and shared it with the Citizen Herald.
 Belmont High School building project video released.
 also be heard Mondays and Tuesdays at 4.30pm and Wednesdays at 12.30pm on Channel 9 Xfinity and Channel 29 Fios.
 When parents of swimmers at the Belmont High School swim teams, who participate in the Belmont Dolphins Recreation Program and the Belmont Aquatics team, BATS, heard this news, they immediately became concerned.
 In an email to the Citizen Herald, Tannenbaum wrote she included her name on the paperwork due to the high frustration with the current situation.
 The Two Alarm Fire Monday damaged several businesses on the corner of Leonard Street and Alexander Avenue in Belmont Center, including Body Trio, Leon & Company, Venti Nails and Spa, Lavender Wellness and Massage, and the law offices of Karen Goldenberg.
 There are more than 2,000 community-owned electric utilities in the U.S. and in five U.S. territories serving over 49 million people and more than 2.8 million business customers.
 particularly restoration of the cup, the cupola, and replacement and restoration of its failed or missing elements.
 Due to overcrowding, alternative spaces are currently being used as classrooms.
 And now, here's Max.
 This would add $674 to the annual real estate tax bill for the average single-family home in Belmont assessed at $1,003,750.
 At the end of the day, we are all here for the students, and I hope to be able to stay focused on them as the first priority.
 Thank you, Bob.
 And we're going to wrap up our third episode, and we thank you for your attention and listening.
 I scheduled a cataract operation for this month, the first day of spring, the 20th.
 And I always remember they were married in 39 because that's when Gone with the Wind was for
 She was a potter, and so kind of an exciting medium because most people probably have never tried to create anything in pottery.
 There were no... They just... So my whole diet changed.
 So the Metro West program, they're going to come and talk about housing. And then what else do I have going? I've got a lot of stuff going.
 Hopefully we'll have them come back because we were talking about not necessarily a prom but like a throwback Thursday party.
 So I used to go over with my mother, who's this? You know, mainly with my mother's family. And now I have all this stuff and occasionally I'll look at them because my daughter wants, she's always looking for missing relatives.
 Now this is way back when, but still, you couldn't get a lot of them.
 like orange juice but it was too fattening.
 And I hated Revere Beach.
 I've never seen you with glasses.
 My camera saw more about that microphone than I did. So my question would be in that ring, how often do you think the day after you took those pictures of the microphone, would you go into your phone and start scanning the pictures? Would you remember or just sort of sit there and say, I want to look at that microphone again a month later? I do go back.
 Yeah, well I believe that if I could sell it ten pounds I'd do it in a minute. Yeah.
 I don't feel thin, I don't feel heavy.
 We're gonna what's going on here anything new I know lots of stuff who
 Yeah, it's great.
 You know, you can participate, you can observe, but we definitely encourage you to come check it out.
 you want. We got a hot on.
 I think it's a wonderful way, if they're comfortable enough, that an older person, where I live in Newton is a senior building and there's a new social work intern actually who I have not met, but they post things.
 Oh my god, you look like you would go to Nantaska Beach. Did you ever go to Nantaska Beach?
 I was always looking for to eat, money to eat.
 So that's coming up.
 I'm keeping my weight.
 that you wanted to say, well, if you had in your house, if you had olive oil, anchovies, garlic, and like three other ingredients, show me what things you could do with adding one or two.
 It's such a strange thing. I have a lot of pictures because I have a brother who does, you know, I'm the one.
 So my parents came down from Boston, New York to pick me up and it was like 8 in the morning.
 Those are the memories of the ice cream.
 Oh, that's true. And our wonderful producer is Jeffrey Hansel.
 very nice bottle. I'm not plugging simply orange I'm just plugging it. I get it. I am a real shopper of food. I'm
 in my right eye.
 From my childhood? Well, from your past. It could be childhood.
 the way they get breakfast night a couple of cheeseburgers at 10 in the morning in southern Connecticut. Well because I want
 Yeah
 of Germany.
 I'd show up again because why not? Exactly. You never know what's going to happen, particularly in the senior center.
 You never know what you're going to get hip with.
 subject.
 Yes, during college I was so thin in the middle of my college years that I went on a crash diet.
 I can't remember where all these, because a lot of recipes can lead you to think if you're a cook, to get to experimentation or another recipe.
 surprised at how little I have.
 I'm encouraging.
 All right. Thank you so much.
 And I found that at various times I think to myself, I didn't even see what I photographed.
 Nobody understands that, I think.
 Tuscan okra.
 All you need is a desire to express yourself, as Madonna would say.
 Yes, we're gonna do it all.
 It was subsidized, it would be 40 cents.
 So that'll be a lot of fun.
 I think there's so many wonderful sensory experiences, whether it's pottery or virtual reality, and I think it stimulates us all to go deeper.
 She's excellent. She showed me... She knew all the rules. Oh my God, she not only knew all the rules, she showed them to me in a way sequentially, step after step, where it was very easy to understand.
 of their people.
 There's gonna be no sand. There's no requirement to wear a bathing suit or flip-flops or you know, no
 Are you my other co-host? Yes, I think so.
 Does it affect your skin? It affects my skin.
 Pictures are important.
 I mean, that's a problem in a different way, because the person wants to get lighter and lighter and lighter. I want to get heavier.
 Yeah.
 I think Plato had some sort of, if I'm recalling correctly, I think it was Plato, he had some sort of world that he imagined where there were primitive shapes, ideal primitive eternal shapes, and
 I'm gonna let, I'm gonna let Sarah go first because Sarah's a newbie at this.
 You don't want to be a knee-magnet.
 carrying a bag of groceries and I almost fell over.
 It was just, I wasn't eating the carbs that I had in the American diet.
 I always have a question
 have to share the children, blah, blah, blah.
 system and also I smoked for a long time.
 So what if you don't know part of what you want to tell Google? I would say start out general, like recipe software, and then some findings will come up, and then you could go to a website, take a look at what it means to the producer of that piece of software to be labeled recipe software.
 I'm excited for that one.
 only a mother could. Yeah.
 if they have beach games, paddle ball or whatnot. It'll just be a lot of fun.
 So if you've given the go-ahead yeah to
 So yeah, I mean, I would 100% support that if people had something that they wanted to bring to tell their story that would invoke that. Yeah.
 You and I are having a tough time. I'm having the same thing.
 Hoodsies, yeah
 This is our third episode.
 guys
 I love that guy.
 I would like to extend to you the offer of collaborating your projects and
 was taking the picture and it's like my ribs were sticking out. Crazy! Absolutely crazy.
 and it's present, whether it's in housing, whether it's here at the center, whether it's an assisted living in a nursing home, bullying doesn't go away.
 I canceled the appointment and I rescheduled.
 It's funny how you look back and as you get older, more experienced, your vision increases.
 That'll be a lot of fun
 People should have them out.
 I lost seven of them, but I kept the seven I should have.
 correlations between ingredients.
 Sarah, I love you.
 I'm in my apartment, I have a picture of my parents at the Copacabana in New York with little beer bottles and champagne things on the table.
 going to talk to glasses you can read something with small print without your glasses well I have a lot of eye problems right now I have a cataract
 I don't know.
 So I went into an emergency session with myself.
 Your uncle was hanging out with him, I heard. You know, in the desert. They were wandering together.
 Two hard boiled eggs will be good.
 Well, you know, the pictures are perhaps the most popular thing to record memories, but
 She says she came over to me my ex-wife. You want to give me some of what you got?
 The other thing I really want to plug is the social bullying program that we have coming
 Yeah, a virtual reality for me is an explosion into the human imagination.
 I would eat scrambled eggs for lunch at school.
 We're going to the service dog graduation this weekend.
 If anybody has any need for a shine counselor concerning Medicare, I would I would recommend her
 Have children.
 The dry.
 We're having an indoor beach party. I was gonna say because we're on Beach Street and because the winter months are long
 And I'm Rich Berger.
 Everyone has them, I think.
 Heavy, heavy.
 But that'll be a lot of fun.
 anything like that. But I think unless you have anything else important that you can think of, maybe we should wrap it up. Let me check my notes here.
 I mean, I didn't even realize that she ate. I didn't think she ate. I mean, I kind of realized something important about teachers. They do eat and they do have a life. They exist.
 You know, talking about imagination and that kind of mind thing...
 Excellent, all right.
 I'm not very technical, but I see these people with their phones, their smartphones, taking like a lot of pictures.
 And she was always a nice figure, blah, blah, blah. But someone said something to her, I said,
 It was strange how thin I got, not realizing it. Because I was still eating.
 We've got a lot of great music programs.
 Because I had forgotten how thin I became in England because there were no sandwiches.
 No, it was my
 He says, I just look, if I want to cook something, I look it up on Google or wherever. I said, but wait a minute. What are you asking Google to tell you? You're giving input or questions.
 do basically anything. Anything we want. Alright. Well,
 It's trying to figure out, and maybe we should, Rich and I should sit with you, or both of you, whatever, depending on schedules, how to think of what the methodology is to approach people.
 I'm telling people
 What you remember as a child eating on the beach.
 Good morning and welcome to Positively Beach Street.
 It's the dry air.
 Thank you very much.
 I'll tell you a funny story.
 pictures of me in my apartment in London and my roommate was from Montreal and his girlfriend was over from Montreal and I had my arm around him.
 Robin is a woman from Jewish Family and Children's Services who's coming to talk about social bullying among older adults.
 Maybe we can have a co-event of some sort. I think that would be a wonderful idea.
 I'm going to reschedule.
 I think I embellished that a little bit, but the heart of it was there.
 15 pounds, 15 pounds all at once.
 might be some people might have invented an app or a program that does a lot with recipes and maybe some of the things you want and
 the music from the Brill building. They were here last Friday and it was quite a jam.
 I want to make for my kids a couple of collages.
 We do.
 I like that one. Oh, okay, Sarah Goldberg.
 That's it.
 I was gonna say it was your son and his daughter right here on your
 Okay.
 called budget on us.
 I canceled the appointment.
 that'll be a really important conversation.
 But in this day and age, we're starting to get to the point where we have other technologies,
 At first I didn't know what she was talking about.
 Thank you very much and we'll see you in the future.
 And then it dawned on me that perhaps I would owe a lot of money on it.
 It's a
 I'm a hamburger guy.
 We're having a great program today to talk about affordable housing, which is important for people here in case you have to move or downsize.
 when you have someone, and when you have an elderly person, and they indicate a willingness to get deeper, and they start creating pottery. It's like, I observed some of her classes, and it was like aha moments, because it was like, wow, the emotional uplifting for some of the people. They just got so into it, they wanted to do pottery every day.
 So we'll have ice cream floats, do like do-up and stuff like that.
 She thinks, why don't I have more relatives around here? Well, Jillian, most of them are dead. But, you know, it's true.
 I did okay, generally.
 I did but I was first dragged to Revere Beach because my mother grew up in a place called Beachmont which is in between Revere and Belmont and overlooking Revere Beach.
 I have glasses in my bag in the office.
 I don't want all the calories.
 I'm at a point now where I think I have a good weight.
 The thing that I'm finding frustrating is finding how, you know, you think, oh I took that picture but how far back was it? My phone is not sophisticated enough so that I can say, you know, such and such a month and, you know, and it will retrieve it for me.
 But I would buy an eighth, ninth, tenth pound.
 It's great.
 It's open to everyone.
 can keep up with you guys. The first thing is I want to put a plug in for the beach party because that's going to be a lot of fun.
 So we'll get, you never know.
 Now we gotta huddle.
 They have more things going on in the day.
 I'm older and you know, I'm getting a little more sedentary, I'm
 But the point is I wanted a, I thought there would be a way to develop collecting recipes that you could have a cookbook that someone could develop an algorithm or whatever so that you don't want to start going through 500 pages of recipes
 It really was tight. So I had three dollars a day for food.
 I'm gonna bring a big inner tube. Yeah? Do it!
 So I'm the depository. And that was that way with stamp collections too, because we were a big stamp collecting family.
 So they had stayed over. And I'll never forget.
 I mean, I know what different markets have, I know what the price is.
 say why not I'll play you know so I didn't start going to Nantaska until I was like 14 or 15.
 That's true.
 And oh you were gonna tell me I gotta interrupt you. Yeah, we're having that conversation
 It could be stories you were told by your family.
 I do. I graduated from Lesley University which specializes in expressive art therapies.
 We stopped.
 That party
 We're gonna move over a little like this.
 I was literally having this conversation last night when I was talking with Nava.
 Yeah, I know, but there are a lot of comedians here.
 It's a reflection of how much your parents probably collected, no? One of my cousins has a, she's kind of like a repository of stuff, photos.
 I mean, we cater to people 55 and older first, you know, they're the priority. But I don't see why not. But I think we'd probably stick to adults only.
 Couldn't keep enough weight on it.
 And the reason I'm bringing this up is because it's a similar concept. And people say, well, everyone's done cookbooks. What do you want to do cookbooks?
 I mean, there's some, like I'm seeing this microphone, and if I really pay attention, I can look at its detail and really see it.
 I think there's a problem.
 I think we just can't wait to see you guys at the center.
 So anyway, I think Medicare is so complicated.
 that going.
 It's an open group for all levels of creative ability.
 Oh, that, you know, it's kind of complicated, but what you need is you need a diagnosis code and a procedure code to find out. Excuse me, but we have a special guest just pulled up. I need to pull over more chairs.
 So it was a revelation.
 nice but I don't think that's gonna happen. Keep it exciting.
 think they're not thin enough.
 Yeah
 a big plate of scrambled eggs with chips, fries, you know. So if you change where you live and you change your food intake, it becomes, it seriously can change your body.
 We'll watch the dogs from Golden Opportunities for Independence. We'll watch them graduate.
 That's good.
 just going one direction.
 crash diet was two meals of pancakes or waffles with butter and syrup and anything else that I could put on top of it to give me caloric intake. And then a bag of malted milk waffles.
 And then I had said, well, if there was a way that we could do it.
 That's why I'm drinking orange juice.
 We're gonna do like a fun punch in a non-alcoholic obviously
 I don't think so.
 And that'll become part of the pictorial history.
 At Thanksgiving I was with my son, I was with Max White.
 Oh my God.
 Sigmund Freud rides again.
 I'm glad you have a yellow pad. That's the color of this.
 Only if you're wandering in the desert. English is a living language. It's very fluent.
 It's such a cool piece of history that would evoke a story and would be able to share.
 She brings her dad, he plays the piano.
 I ate every single malt and milk ball, and I didn't gain an ounce.
 I mean, explore. I bet you'll find something that's interesting.
 I'll give you a suggestion. I'm a big search guy.
 What we need to set, sometime, get into methodology and pictures.
 I remember very specifically, and I should have just complained to my parents, but I didn't.
 I'm gonna get the strawberry shortcake bars, fudgicles. I wish they sold the two ball screwball, you know the ice cream that had the two gumballs at the bottom.
 We are here at the lovely Belmont Senior Center.
 Oh.
 Maybe sometime you and I could sit down. An inventive way to help people who want to cook without necessarily having a recipe, but you have ingredients.
 Mondays 1 to 2 p.m.
 Do you spoke to that woman you were talking about? Yes, yes, I spoke to this shine person here, Alicia Sh...
 I hear you, I hear you.
 But anyway, it's just, it's harder when you're older, but I am losing, so it's...
 So that'll be a really important program that we talk about too.
 or when you took them, or where they're located on the... See, it's like the, to my mind, it's the device that's
 I'm going to try to help people.
 So same prices as the regular
 I have on my right Dana Levitt, who's the assistant director of the Senior Center, and to her right is a social work intern named Deborah Goldberg.
 I think your parents are
 When I gave up smoking, boom.
 of something I go right on the internet and I get a little phrase or a couple of keywords and I follow it.
 fun.
 So I live in virtual reality.
 you can point and look and see rather than having it on a bookshelf in an album that you never take out.
 I don't need to explain it.
 And I've seen some of these.
 you who still know Roach, it's important.
 Well, on behalf of Positively Beach Street, I'm Bob Felleman. Rich Berger.
 constrained by money. And so I didn't realize I weighed like 169 or 170, which is thin for me.
 having a very pal is coming to talk about climate change there
 My specialties are bringing out the more kind of deeper messages that we hope to express in our day-to-day lives that sometimes we just can't find the words for. And I do that through imagery and therapeutic writing and have found it to be a very soothing and enjoyable way to
 She likes to eat, but she gets unhappy and depressed, whatever. She says, give me 10 pounds of yours.
 We do nothing but tell the truth.
 So I found out that without supplemental I would owe some money.
 three years later. So give me a memory.
 I would tell my mother, and I'm incredibly fair and I burn.
 I don't dare wear them because I'll lose them. So I figure if in case I need them, I have them. But I'd be better off not wearing them because then I'll have them for a long time.
 few months ago. I stopped.
 Probably about 37.
 I still have those seven pounds from 30 years ago, like a bank account.
 I was coming up with this thing of pictures shouldn't be kept in albums.
 a great year in Europe and I got my degree and the war was raging, all this craziness was going on. And I come home and I fly into New York because there were a whole bunch of students returning and it was a set flight.
 Oh my God.
 Through art.
 I'm like this, and I put it away and walk away.
 Somebody should work on that technology.
 So now I'll have orange juice.
 In other words, it can influence you. I'll take a recipe and I'll change it to my format and I'll add things.
 Are there going to be any children? Or you know, a beach day you could have children and grandparents. You could have, you know, any number of things.
 Ewww.
 So one of the things Rich and I would like to accomplish is find a medium or a way to get people here to share some memories, some origin type stuff, family situational, maybe even some pictures.
 I love the color orange and this bottle is really cool.
 Younger folks like
 I would get the ice cream. And when is this beach? March 19th from 4.30 to 6.30. We're gonna have a steel drum player, Toby Chobos, so he'll
 areas, twiggling, wiggling, and all that good stuff.
 I'd rather became a stamp collector, but with pictures.
 And my mother, I see her looking at me and she almost fainted.
 Maybe it's how to better organize your recipes.
 Oh wow.
 What are you doing with them? I mean, if they're, you gotta look at a little, can you print them out? Can you show me what, you know? And it's like, oh, they're just there.
 I just wanted the taste more than anything.
 When's the last time you had a root beer float a year ago
 What happened?
 was
 I am a newbie, just doing a little plug for the new group I'm leading on Mondays.
 You're right. We could.
 I was very, very active being a carpenter early on.
 It's an assembly of order put around, or organization put around the pictures.
 This is it.
 who are either shy or who have repressed memories but would want to share. And there are some who it might be too painful to share. But it's hard to try to find a mechanism or medium to approach that
 I don't think there's any transfer.
 It's so good
 It is an expressive arts group, Mondays 1 to 2 p.m.
 Yeah, and also, you know, I found I take photos with my phone too.
 I tell people I've always aspired to be heavy and they're like what? You've always aspired to be heavy. Because you're always thin.
 We're all kids at heart and I think everybody likes to go there.
 I have facilitated groups all around the Boston area related to expressive art.
 She is talking about weight. She can't, she has lost weight and she can't gain weight.
 And she could notice, you know, mothers eyes.
 There are two islands, I couldn't give you the names of them because they're hard to pronounce, but basically what is climate change doing to impact these small islands and the people who are still living on these islands.
 I didn't know if I was fully covered by Medicare.
 So they're married on the 31st and my mother made it through the marriage because my brother was born on January 1st. January 1st. Right.
 Yeah, I know you guys do. You gotta get into the historical truths, you know? That introduction, by the way, of the show, of the podcast, was brilliant.
 Just because I got it from my mother, but like I started buying oranges again a few years ago.
 And it has to be let's see they were married in 39 and this is before they were married so
 And she said, you're six years old, I can't leave you at home.
 So
 But you know, people can't remember who these people are. And I have the memory, but I would never give them the full memory.
 If I had gotten $4 a day for food, I would have changed my mind. It's that close. So I tried to go all over Europe. I was very excited.
 It happens. It happens when you get old.
 I mean so good. You'll have to check it out.
 So it will be a guided group where people can come, I will lead the structure of the group and we'll get to creating based on that.
 But if I say, oh, that's a wonderful microphone.
 It's free, it's a bargain. Take it.
 Do it. That'll be a lot of fun.
 I personally have had the opposite problem in my life.
 So it becomes my recipe in effect, not someone else's.
 I'm going to move this over here.
 So I have a question and it's to both of you. Sure.
 do Caribbean, reggae, Latin, and we're gonna play cornhole.
 And I want to make mention that we have plenty of notepaper because we forget a lot of things. And we have yellow notepaper so we can even see it, right?
 I'm in it for the vitamin C and I love orange.
 Well, I'm going to let Sarah... And that includes Groucho imitations, all kinds of good stuff. There you go.
 Maybe there was a way of searching for those three ingredients. What could you make with this? You never know.
 My grandfather was in the steamship business and he would get letters from all over the world constantly for business my father
 a second floor and I could spot my parents way across on the first floor below.
 It was strange.
 So we're working on that.
 I know a lot of you are interested right now in finding out how to get those smartphones and start signing up for shared driving opportunities such as Lyft and Uber and I am here to help with that.
 And I was with my son and a friend came over and they were talking about their storage capacity and they had like 1500 pictures on there.
 So this group is on right now.
 You're going to tell me you're going to speak to, we need that, I'm sorry.
 Well, one thing that comes to mind is after I graduated, I had an English teacher in high school and one day I came home from a college break
 But anyway, I had just the opposite problem.
 It's like I wanted to do...
 I'd probably find a 55 year old kid.
 It is very complicated.
 I get exhausted just reading the list of things that are planned. But this fellow, Luke, is doing a memory project. And I haven't spoken to him, but I can imagine what it is. And it makes a whole lot of sense.
 I hope I don't look yellow. That's not a good sign when you look yellow.
 So the theme there was kind of a yellow, yellowy green. We're trying to keep that going.
 artistic skill not required.
 It's like the repository is in their hand.
 I would really go, I'd go for maybe like up to 12 pounds.
 I think that everybody likes to go there.
 So.
 Was she able to tell you how much it would cost you out of your parking? I'm just curious.
 and family.
 Yeah, that's for sure.
 So now they're fully completed with their service training and now they're ready to be service dogs for their owners and go out in the world.
 I mean, you know, bulimia and people being seen.
 figure that out.
 There must have been like 6,000 calories in that bag.
 I have a few myself.
 You're starting at the point where you have less pounds.
 Spirited Gourmet is donating a tray of past hors d'oeuvres so we'll have those. Hot dogs, I'm gonna get ice cream like
 last week. So I
 We were talking about someone and their life, their story.
 Yeah.
 The idea has been around for a long time, but a lot of people with their portable devices will record some sort of an event.
 It hasn't gone up to eight pounds at all.
 I mean, you know, if you think of, you know, there's lots of things he did that were great and things people don't agree with, but think of the massive cultural influence he's had on human life since he was in Vienna doing, inventing psychoanalysis.
 Yellow
 I don't think so.
 and Sarah combined maybe you get Deborah
 I know my grandparents, we still have the receipt when they got married at the Waldorf Astoria in New York.
 Didn't gain an ounce.
 Maybe, you know, my son says, Dad, I don't need a bunch of cookbooks. And he cooks those.
 Sarah Gardner trio is coming.
 Thank you. Pleasure.
 to graduate school in England, I think you know. And so I'm over there, I don't have a lot of money.
 I think
 Yeah, well, only because of the way the vocals go.
 I've tried a little of that and I don't think it exists what I'm trying to do, but I don't know.
 was the most fun part but I don't think they sell those by the ball
 I'm one of your co-hosts, Bob Felleman.
 In the interim between now and the rescheduling, I'm going to get a bit of supplemental insurance to help me out.
 I was very shocked to see her in another context.
 I also wanted to let everyone know I'm here Mondays and Fridays. Feel free to come see me and ask about Beach Street's budding phone program.
 I think some cell phones have the capacity. When you get that many photographs and you can't remember where they are or
 I don't want to be so lonely anymore.
 It has to be like a year and a half parcel, you know.
 I got lots of good stuff happening and I want to see everybody.
 And now they're doing 50% less calories to brands, which is significant because it's less sugar. It's what they're cutting out. You still get the orange taste.
 So welcome to the show
 Because saying it is one thing, but doing it is another.
 Yeah, it was a lot of.
 Oh really? Yes.
 I would go to Google, put in some, you know, first do recipe software and see what comes up.
 Just well, you know I would like to I'm the same in the artistic realm I'm about with virtual reality here bringing virtual reality to senior center and
 I used to date a woman who did collages with all these pictures and be framed like a picture.
 I've been on a diet and I've started to lose, I've lost seven pounds, it was after two weeks of the diet and I said I'm going to continue this and go to more plant-based stuff, blah blah blah, it's my diet.
 Get those
 Alone. In virtual reality.
 I forget, given my age, that someone who's like 30, 40 years younger than me, they're not going to know that reference. You know, all the time I say, do you know what I'm talking about? And they go, I think my mother told me about that.
 No on the previous questions so we can address this very important House concurrent resolution.
 That's why I support my colleague Congressman Baird's amendment, which I hope will be incorporated into this bill, to require the Secretary of Education to study and recommend how best to design a loan program targeted at less than half-time students.
 Thank you Mr. Speaker.
 That's not very controversial.
 the ball back to the balance. It's time for what?
 United States should use every tool available to protect our borders from invaders, rock throwers, and drug smugglers.
 from Georgia is recognized for three minutes.
 will record their votes by electronic device.
 As we heard the President last week speak about earmarks in the State of the Union, to my knowledge, no President has ever talked about something that's ordinarily a House and Senate procedure in his State of the Union comments.
 Those two structured rules allowed a total of 22 amendments out of the 113 submitted, fewer than the rule we are offering today.
 This time has expired for what?
 Tom O'Neill is back to bounce at this time for what.
 Remember back in the 1960s when Volkswagens were very popular and they had this wonderful self-deprecating campaign going on for their advertising.
 to this restrictive rule.
 essentially holds colleges and universities accountable for maintaining agreements or contracts with entities that allow this open discrimination.
 Mr. Hastings correctly pointed to the fact that the administration has raised a number of concerns, dozens of new programs that are duplicated, that are included in this bill.
 Mr. Speaker, I am asking my colleagues to vote against the previous question so that I can amend the rule to allow the House to immediately consider House Concurrent Resolution 263, which would establish a joint select committee on earmark reform.
 be proud of the bipartisanship that made this compromise package possible. I would
 Unfortunately, by reporting out a closed rule, the Democrats on the Rules Committee once again chose to deny over 400 members of Congress the opportunity to offer amendments to improve the bill.
 This legislation requires publishers to provide specific information about pricing so that faculty has all full information when making purchasing decisions so students can plan for expenses.
 In 2002, the average state increase in higher education was 1.8%.
 Mr. Speaker, I rise not in opposition to the bill.
 He helped to construct the building that is the Riverton Friends Church in Cherokee County, and he helped to grow the congregation from about 100 to nearly 400 people.
 If the president was concerned about seniors, he would instead go after the vast overpayments made by Medicare to private managed care plans.
 will help jumpstart our economy and will provide real assistance to lower and middle income families.
 President Bush took office, the debt stood at $5.7 trillion, and it's projected to stand at $9.7 trillion by the time President Bush leaves office.
 Mr. Speaker, I'm pleased to yield five minutes to the ranking member of the Education and Workforce Committee, Mr. Keon.
 Only 20 of the Democrats amendments were modified or withdrawn after the submission deadline.
 The legislation also simplifies the federal student aid application process, expands college access and support for low income and minority students, and increases aid for our veterans and military families.
 Mr. Speaker, I understand the gentlelady is prepared to close if I finish mine.
 had presided over those previous Congresses, I would be running away from their reputation just as fast as the minority appears to be today.
 I also ask unanimous consent that all members be given five legislative days in which to revise and extend their remarks on House Resolution 956.
 In fact, the bill was voted out of committee with a vote of 45 to 0.
 So the passage of this crucial bill could not come at a better time.
 fiscal 2006 the administration sent up a budget request for the Army Corps containing 984 projects of the
 from Washington. Mr. Speaker, how much time on both sides? The gentleman from Washington has 13 minutes remaining.
 The chairman of the committee, Mr. Miller, will soften this proposal in a managed amendment.
 I believe a balanced approach is needed, one that increases transparency of higher education costs and targets aid to the neediest students, while simplifying the financial aid process and addressing the growing number of burdensome reporting requirements colleges and universities face.
 objection.
 represent Texas Southern University, a school that has been under siege by its Republican state government, a school that is historically black, received money from the past administration and desegregation settlement, but yet even today it is not receiving the funding that it should receive from the state of Texas.
 we receive a message.
 consistent with their consistent under-investment in our nation's infrastructure.
 today talking about the recent unveiling of the president's budget. I should
 Mr. Speaker, I want to thank the General Lady from Ohio, Mrs. Sutton, for yielding me the customary 30 minutes. I yield myself as much time as I may consume, and I ask unanimous consent to revise and extend my remarks.
 I will reserve the balance of my time.
 have
 Thank you, Mr. Speaker.
 In January, House Republicans united together and called on House Democrats to join us in an immediate moratorium on earmarks and the appointment of a bipartisan, bicameral joint committee to reform the earmark process and eliminate wasteful spending.
 house consideration of fiscal 08 appropriation bills 71 earmark related amendments were debated and voted on the floor including three amendments to eliminate all earmarks from the bill under consideration and 68 amendments to eliminate particular earmarks.
 As I said, the last time we authorized this bill was in 1998, and it was done under a modified open rule.
 The gentleman from Washington reserves the balance of his time.
 I am proud that this bill does that, doubling the maximum Pell Grant amount to $9,000.
 The status quo cannot continue.
 guarantee that no remarks could be discussed or debated while the bill was on the floor of the House of Representatives.
 Most Republicans have adopted already a series of earmark reforms that we will adhere to, including barring members from using taxpayer money to fund projects named after themselves and prohibiting earmarks from being airdropped into bills at the last minute to avoid transparency.
 And investing in our students not only improves their future, but it helps our economy and strengthens our competitive edge in the global marketplace.
 disappointed that the same opportunity was not provided today.
 Black History Month, I give recognition to Dr. Patton for serving as an educated leader of health, for being well known as a caring husband, father, grandfather, and mentor to those in the community.
 As a veteran, as the son-in-law of a veteran, and as the father of four sons in the military, I know firsthand of the education and opportunities provided by military service while promoting freedom.
 These assaults have continued to increase and escalate to the point that Border Patrol recently acted in self-defense and fired tear gas at the unruly mobs.
 We don't have anywhere else clauses that are insulting in here.
 The reality is, Mr. Speaker, we need to have a discussion on earmarks.
 Thank you Mr. Speaker.
 When we, in committee after committee, have major pieces of legislation held close to the vest and only brought only hours or days before the actual markup in a committee, oftentimes we find things within those bills that are surprising.
 Mr. Speaker, I demand the yeas and mays.
 also establishes support centers to help veterans succeed in college and ensures fairness in student aid and housing aid for veterans to make it easier for them to go to college while also fulfilling their military service duties. I am
 Thank you Mr. Speaker.
 Democrats will claim that's how we ran things when Republicans were in charge.
 Mr. Speaker, let me tell you just a little bit about this great new day that we have.
 Democrats took over the House. Until we could reform the process, we suspended earmarks for a year over the fierce objections of as many members of the Republican Party as we saw in my own party.
 Mr. Speaker, I thank
 Mencken once said, there is always an easy solution to every human problem. It's
 back.
 Assuming to clause one of rule one, the journal stands approved.
 Thank you, Mr. Speaker.
 President's budget is fiscally reckless, adding $1.6 trillion in deficit over the next five years instead of becoming balanced over that same period.
 The fitness of effort amendment that was put into this bill requires the states to maintain a five-year rolling average of their funding for higher education.
 strong opposition to this rule, Mr. Speaker. The gentlelady on the Rules Committee of the majority side, the gentlelady from Ohio, has mentioned a couple of things in her remarks, talking about what we did, we Republicans did, when we controlled this body and indeed the Rules Committee, and how restrictive we may have been. But what
 Mr. Speaker, the border war with Mexico continues.
 Thank you.
 such cuts which force cash-strapped states to either reduce benefits or cut provider payments.
 The woman from Ohio Reserve is a balance of her time.
 Last year, we passed the College Cost Reduction Act of 2007, which was the single largest increase in college aid since the GI Bill.
 objection.
 There is a breadth of opportunities available to our graduating high school seniors. Vocational and technical schools, two and four year colleges, and graduate and professional schools.
 fail to see how requiring every single earmark in appropriation bills this year, I fail to see how requiring all of those earmarks to be airdropped rather than debated when we consider the bills is reform.
 to
 Speaker, when Democrats took control of Congress last year, we vowed to work on behalf of all Americans.
 Mr. Speaker, Democrats can simply not afford this fiscal recklessness.
 There are examples all over this country where intellectual diversity, intellectual alternatives are being stymied in the academia.
 We always talk about appropriations, but there's lots of committees that do it.
 Listening to parents from my district, Mr. Speaker, and across the country, I hear about how the ability to send their children to college weighs on their minds.
 45 members of this body is 10%
 And by 2006 that bill had 3,031 earmarks totaling $1.2 billion.
 But that, Mr. Speaker, was just the beginning.
 With passage of this bill, we will increase need-based aid and make the federal Pell grants more available to students.
 And we have seen earmarks reportedly repeatedly air dropped into bills at the last minute that were not subject to transparency or scrutiny.
 the 61 amendments that were submitted to us in the Rules Committee.
 There is great debate in Washington today over the economy and how we are going to provide relief to middle class families.
 This legislation cracks down on that abuse and restores accountability by requiring institutions and lenders to adopt strict codes of conduct and protect students from aggressive marketing by lenders.
 is a plague across this nation that is taking the lives of hundreds of thousands of American citizens. And it is disturbing and upsetting that there is no public outcry over the destruction that it leaves in its path. The
 purposes the gentleman from California rise to address the house for one minute without
 The wealthiest few continue to prosper under the president. The president cuts vital energy, education, and health care investments.
 Democrats and Republicans work together to craft this legislation.
 And I reserve the balance of my time.
 wasn't one of mine and I had a very good amendment, Mr. Speaker.
 in the world when we're having 27 amendments, and this amendment was overwhelmingly supported by our party, we only have out of the 27, four that the majority party, four from Republicans, and two of those the Republicans oppose. If we
 Section 2A. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule, the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill.
 Unfortunately, circumstances surrounding the loan programs have changed in the last several months, and it looks like now is exactly the time when we should be looking at these programs.
 Experience in education and health care has placed him throughout locations in the South, affiliating him with dozens of communities and civic organizations.
 have learned that lesson the hard way.
 puts them in? At least with appropriations right now, you know who puts them in, but
 This is a provision that was added to the Budget Reconciliation Act or attempted to and was removed.
 The men and women serving our country in the military as demonstrated by the Berkeley City Council has no place in our nation's political discourse.
 conclusion, God bless our troops and the United States Marine Corps, and we will never forget September 11th.
 Thank you, Madam Speaker.
 Mr. Speaker.
 allowing 20 Democrat amendments and only four Republican amendments, the Rules Committee has effectively announced that the minority party is not to be a player.
 For the Rules Committee not to make that an order I think is wrong, I yield back the balance of my time.
 time has expired for what
 these your people sharpen one another today as their ideologies clash together, as one philosophy grates against another philosophy different than their own. Help
 leaves most Americans behind and puts this nation further in debt.
 Passing H.R. 4137 and building on the work we started last year is an important and priceless investment in the future of our children, our communities, and our country.
 Mr. Speaker, I rise today to support the College Opportunity and Affordability Act of 2007 and this rule because we are committed to making the cost of attending college more affordable and accessible.
 Section 4, at the conclusion of consideration of the bill for amendment, the committee shall rise and report the bill to the house with such amendments as may have been adopted.
 together it appears our federal loan program may be facing a perfect storm.
 also required that all matters before a conference committee, including earmarks, must be subjected to full and open debate, and that no item might be added to the conference report after the conference committee had adjourned, as has happened many times in the past.
 Thank my friend for yielding.
 However, in 2006, there were 16 projects requested by the administration that did not even qualify for funding based on the administration's own criteria.
 Mr. Speaker, much has been talked about about this unfair closed rule dealing with the underlying issue.
 Over 75 Latinos and American males are killed on a daily basis on in American streets. A number that dwarfs the number of fatalities, Iraqi and American, that are suffered in the war zone.
 In my home state of Florida, unfortunately, we're undergoing a budget crisis. And the funding for higher education, unfortunately, has been targeted for millions and millions of dollars of cuts.
 I have seen first hand the great things these programs can do in Elyria in my district, which is a gear up site, and the University of Akron, which has received TRIO funding.
 The last time that this House considered a comprehensive higher education reauthorization bill was in 1998.
 The Columbus Jefferson High School and the West Jefferson Hills School District also excels in academics, ranking in the top 20 of Pennsylvania's 501 school districts.
 One good thing that people know is the winds of change have been blowing.
 In today's global economy, it's essential that America's workforce remain competitive at an international level.
 Tragedy at Virginia Tech where we lost so many lives was because I think because colleges and universities Misinterpret that law in my amendment would simply say that if a parent List a child a student on their tax return as a dependent even though they might be over age 18 Maybe they're a junior on age 20, but they are dependent as verified by the tax return Then those parents should have access to academic records
 I had an amendment to remove this, to put it back to the status quo until we can have a chance in the committee to discuss this issue, and it was not allowed to be made in order.
 Particularly when you get into government, economics, sociology, philosophy, and so on, increasingly there's a rigidity.
 We increased the minimum wage for the first time in a decade, and we enacted an energy bill that will save the average family anywhere between $700 and $1,000 a year in energy costs and help families better afford college.
 Realistic costs are included, the budget runs into significant deficits over each of the next five years.
 even if this policy worked. We should not do it.
 example, financial disclosure earmarked.
 Mr. Speaker, the benefits of higher education are undeniable for students, their families, and for our country and society at large.
 For the Republican Party leadership to belatedly give us lectures on earmarks is in my view akin to reformed alcoholics giving lectures on temperance.
 All those in favor say aye.
 Mr. Speaker, the American people do not want more of the same.
 rule makes in order the Education and Labor Committee reported substitute as an original bill for the purpose of amendment.
 We're focused on better jobs for the future, so we encourage students' interest in math, science and technology through this bill.
 January 29th, the city of Berkeley passed resolutions that, among other things, state that the United States Marine Corps recruiting office is not welcome in their city.
 The discussion process is wrong.
 final score of 28 to 3 the Jaguars finish a perfect season.
 I'm also proud to support an amendment being offered by my colleague, Congresswoman Susan Davis, that is based on legislation of which I'm a co-sponsor.
 That is the opportunity to give young people a chance for a higher education.
 We humbly bow before you this day to thank you for your mercies being new every morning.
 All points of order against amendments printed in the report of the Committee on Rules or amendments on block described in Section 3 of this resolution are waived, except those arising under Clause 9 or 10 of Rule 21.
 Mr. Speaker, I won't be offering that amendment today.
 can do this by ensuring that all students are prepared for the rigorous demands of higher learning.
 we came pretty doggone close to our goal.
 The team from Ohio continues to reserve for time.
 It also requires the Secretary of Education to publish a higher education price index, providing students with the opportunity to compare institutions by state, sector, and change in tuition and fees from one year to the next.
 time has expired.
 27 amendments, but not one on the Student Bill of Rights. Could it be that it's a difficult vote? David Horowitz, and I'd ask consent to insert into the record an article in defense of intellectual diversity, and it, it, it, that, that, has been a champion of this problem. Now,
 The first reading of the bill shall be dispensed with.
 The other thing that is important is what is the impact of earmarks on the budget. When you take an earmark out of a bill, it does not reduce the bill.
 Of the 48 amendments on which recorded votes were taken, only 13 received the support of more than half the Republicans who voted.
 And yet, it is possible that we often ignore that.
 rule excluding my amendment denies this body the opportunity to reaffirm our strong support for the men and women who so honorably and bravely defend our nation.
 Ambassador Wes Davis, thank you for expanding your porch to the halls of Congress today.
 Fragment wages are not only forcing families to squeeze more out of every dollar, but is also taking a toll on our overall economy.
 purposes, the gentleman from Iowa will rise.
 And the other thing I want to point out, the gentlelady from Ohio, she talked about the bipartisanship of this bill on a 45-0 vote.
 If we allow this amendment to come to the floor, we will set up a joint, bicameral, bipartisan select committee on earmarks that will come up with recommendations on how to do a better job with them.
 In talking to professors, counselors, and administrators at the University of Akron, Lorain County Community College, and other schools across Ohio, I also know that student debt is a tremendous factor in determining which professions our students are choosing to enter.
 amendment would try to protect those rights.
 purpose does a gentleman from New Jersey rise? Without objection.
 continues down the same path by borrowing from our children and our grandchildren.
 proud to rise today in strong support of H.R. 4137, the College Opportunity and Affordability Act.
 So last year, the Congress battled the Bush administration over the ability of first-generation students to attend college and work through the Upward Bound initiative.
 the year 2000 that same bill contained 491 earmarks.
 The plague is urban violence.
 This is great news for hard-working middle-class families and students across America and students in my hometown, which is a college town with thousands and thousands of students enrolled in the community college and at the University of South Florida.
 Those financial aid directors that received kickbacks and payoffs and luxury gifts from private lenders exhibited a spectacular abuse of power and betrayal of the students they serve.
 have to say Mr. Speaker that the process around which we're considering this very important legislation is just plain wrong.
 Time and time again, Republicans have come to the floor advocating for additional earmark reform, including stronger transparency and enforceability.
 I hope that my colleagues on both sides of the aisle will join me in voting for this bill and supporting a brighter future for our students, our families, and our communities.
 many Republican amendments? Four out of 27.
 Now the Rules Committee has thrown this bipartisan effort to the wind and revealed the true partisan colors that are flying there.
 objection.
 time of rising energy costs, the President slashes low-income energy assistance programs.
 again, there are tax loopholes that are basically industry-specific earmarks. Who
 One last point. The resolution introduced by our friends on the other side calls for the suspension of earmarks for six months until yet another group offers their suggestions for change. It is
 all painfully aware of the collapse in the subprime mortgage market.
 As February recognizes Black History Month, I honor Dr. Joseph Patton, who has continuously reached out to provide knowledge, support, and service to benefit those in the community.
 an amendment that we fully debated in committee on student free speech and I wanted to offer it today. But isn't it ironic that while I was trying to argue for a student bill of rights and free speech that we're not allowed to have free speech and a bill of rights in the United States Congress? How
 After general debate, the bill shall be considered for amendment under the five-minute rule.
 first time in American history the Highway Trust Fund is running a deficit this year.
 Mr. Speaker, our economy is in trouble and millions of hard-working American families are feeling the impact as we speak.
 I invite the Berkeley City Council to visit Beaufort, South Carolina, home of Parris Island, the Naval Hospital, and the Marine Corps Air Station, to see how our patriotic community supports the brave men and women who serve as proud Marines.
 The provision to which I object is called maintenance of effort.
 us protect our current service members from the same treatment by showing that the Berkeley City Council's appalling behavior is unacceptable in this great nation.
 time of a slowing economy and Americans increasingly struggling to make ends meet, the President focuses on $1 trillion in tax breaks to the top 1% of Americans.
 balance of my time.
 That's exactly what this House did, and I hope the Senate joins us. Thank you very much.
 Scripture tells us, as iron sharpens iron, so one person sharpens another. May the
 It's an unfair. It's not a democracy.
 And he was back to balance his time.
 beginning of the 110th Congress, the new Democratic majority passed unprecedented new rules that required the listing of the sponsors of every earmark, that required that any member of Congress requesting an earmark disclosed in writing the name and address of the intended recipient, the purpose of the earmark, and required that members certify that he or she had no financial interest in the project. We are
 member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the Committee amendment in the nature of a substitute.
 here we are with a comprehensive higher education renewal that does not consider the student loan programs.
 I want to thank my colleague from Ohio.
 One of the best investments we can make for the future of our great nation is to ensure that the doors to our colleges and universities remain wide open.
 This bill strengthens the proven TRIO and GEAR UP college readiness and support programs for low-income and first-generation students.
 Mr. Speaker, we must break this silence and stop this violence. It's past time to stop the killing, stop the violence.
 seems to be a recurring pattern. I wish that it would change, but I don't hold out any hope that that will happen.
 without objection
 The administration argues that they have a system for selecting projects and that they only select projects that score a 3 or better on their scale.
 is wrong. The proposal is wrong.
 We have seen the necessity of investing in STEM education and this legislation continues the effort we began last year in passing the Innovation Agenda by improving teacher training and development programs and focusing on recruiting teachers into high demand science and technology fields.
 Basically, Mr. Speaker, this amendment deals with FERPA, the Family Education Privacy Rights Act of 1974.
 At that time, the Rules Committee reported a modified open rule, and as a result, all members of the House had an opportunity to pre-print their amendments in the Congressional Record and offer them on the floor.
 Congratulations to coach Bill Chirpek, the Thomas Jefferson High School Jaguars for being champions on the field and champions in the classroom.
 Democratic Congress will restore these and put the priorities of American people first and I
 Does the member have anything at stake to personally gain? Transparency, so that when an earmark is added on a subcommittee or a full committee or a floor level...
 As a nation, we recognize this, having always been a global standard-bearer in our high regard for the merits of higher education.
 This is going to be counterproductive to actually states funding their higher education system.
 We've passed billions of dollars in tax relief to middle class income families.
 He claims that the budget is balanced by 2012, but that's only because he leaves out enormous costs, including the five-year cost of fixing the alternative minimum tax and the full cost of the Iraq war.
 If you disagree, you are harassed, your grades can be altered, your papers can be given back to you, speeches and alternative speakers are shouted down, and yes, there are nominal processes to do it.
 Democratic Congress will propose a budget alternative that takes America in a new direction.
 rule makes an order, the 27 amendments listed in the Rules Committee Report, each of which is debatable for 10 minutes, except the Miller's Manager's Amendment, which is debatable for 20 minutes.
 leadership of Chairman George Miller, who is a hero to college students throughout America, Congressman John Tierney, the Ranking Member Mr. McKeon, Bobby Scott, Lynn Woolsey, all of the members of the Education and Labor Committee, I salute them and thank them for their leadership. Because, Mr. Speaker, this is an important bipartisan milestone for education, and I urge my colleagues to support the rule and the bill.
 Those are the ones that are going to be in the back.
 Mr. Speaker, to listen to the last two speakers, one would think that they had Rip Van Winkled their way through the last year in this House.
 Today Mr. Speaker, the House will address one of the most important issues in America's future.
 Father God, maker of heaven and earth, you are Lord of all things created and sovereign over this great nation.
 Coach Bill Chirpek became just the third head coach in Western Pennsylvania history to achieve a perfect win record in more than one appearance in the state championship game in Hershey.
 Your amendment will prevent interest from accruing for active duty service members and qualifying National Guard members for the duration of their activation up to 60 months when serving in a combat zone.
 If recruiters choose to stay, they do so as uninvited and unwelcome intruders.
 should be, if we're not going to discuss these issues in the committee, it should be the purview of allowing people to come here on the floor and ask these issues, which are not just technical in nature, but philosophical in nature of what the federal government ought to do and what it ought not to do.
 After all the shouting was over last year, we essentially met our promise, cutting non-project earmarks by 43% after negotiations with the Senate, cutting it from $16 billion down to $9 billion.
 to
 Plus, also continue to strive to reduce the achievement gap in higher education between low-income and minority students and their peers.
 Section 3. It shall be in order at any time for the Chairman of the Committee on Education and Labor, or his designee, to offer amendments on block consisting of amendments printed in the report of the Committee on Rules not earlier disposed of.
 was not ruled in order.
 In those 13, the percentage of Republicans who voted yes never exceeded 57 percent.
 under the constitutional concept of equal branches of government, particularly when spending bills originate in the House, we have the right to earmark, but we should all be measured by the same yardstick.
 This is an outrage, an embarrassment, and a humiliation to the Rules Committee.
 House Calendar No. 185, House Resolution 956, resolved that at any time after the adoption of this resolution, Speaker May, pursuant to Clause 2B of Rule 18, declare the House resolved unto the Committee of the whole House on the State of the Union for consideration of the Bill HR 4137, to amend and extend the Higher Education Act of 1965 and for other purposes.
 This will allow students to make wiser decisions in choosing institutions that are a good fit for them and the dreams to which they aspire.
 purpose as a gentleman from South Carolina rise.
 This time has expired for what
 Thank you.
 retailers suffered their worst December shopping season in five years and consumer confidence fell this month to its lowest point on record.
 Amendment gives them that parameter.
 deserve better from us Mr. Speaker.
 The House
 One of the keys to expanding access to our institutions of higher learning is to bring down the exorbitant cost of attending college.
 thank the gentlemen for yielding.
 Mr. Speaker, I urge all of my colleagues to join me today in acting to permanently change the way in which Washington spends taxpayers' money.
 But in it, he declared war, you may say, on earmarks.
 This is a very fair rule and I urge my colleagues to support it and the bill.
 Mr. Speaker, I am pleased to yield three minutes to the gentleman from Georgia, a former member of the Rules Committee, Mr. Gingrey.
 Members, the motion is approved.
 I hope our friends in the Senate will enact this legislation this week.
 Mexico needs to get its lawless house in order and control the disorderly mobs that lurk on the border.
 Students D, students should not be intimidated, harassed, discouraged from speaking out, discriminated against, or subject to official sanction because of their personal, political, ideological, or religious beliefs. Isn't that a terrible, risky, difficult vote? Students should be treated equally and fairly, including evaluation and grading, without regard to or consideration of their personal political views or ideological beliefs. That's just awful.
 Mr. Speaker, during the Vietnam era, and I'm old enough to not only remember it but to have experienced it, many of our service members and veterans received shameful treatment at the hands of those who opposed our nation's foreign policy.
 Thank you Mr. Speaker and I appreciate the gentleman from Washington yielding me the time.
 So again, it's not the bill that I'm opposed to.
 Without purpose, as a gentleman from Pennsylvania, rise.
 purposes, the gentleman from Minnesota rise.
 Mr. Speaker, I am disappointed that this time the Democrat-controlled Rules Committee chose a closed process to consider a long overdue reauthorization of the Higher Education Act.
 Such high costs for textbooks can be the deciding factor which dashes or delays the dream of obtaining a college degree and a better life for many.
 hope that we could bring that same bipartisanship to bear on the continuing war in Iraq.
 The Joint Select Committee on Earmark Reform would hold hearings and make recommendations for the comprehensive reform of the earmark process.
 actually have had Democrats and Republicans, Democrats and Republicans prevented from improving this bill.
 bipartisan economic stimulus plan is the most progressive package this decade. It will
 He did this while sharing his knowledge and faith from around the world, from Haiti to Liberia to Hungary.
 Instead, he has raised premiums on our seniors and focused his cuts on our nation's hospitals, skilled nursing facilities, and other health care providers.
 know that states have cyclical budget years like we do.
 Speaker, I thank the gentleman for yielding.
 With that, I yield back the balance of my time.
 we have the right to close. I'll reserve the time until the gentleman has closed and yielded back his time.
 The listing of amendments on the Rules Committee website was modified at 4.39 p.m. Wednesday, just 21 minutes before the committee met.
 The bill encourages colleges to rein in price increases and provides consumers with helpful information so they can make the best decisions on which school to choose.
 fiscal record ties the hands of the next generation, which faces growing obligations with increasingly limited resources.
 of California is recognized for five minutes.
 For example, the Army Corps budget is by its nature project-based.
 She has a 4.3 grade point average. But because of the budget cuts in the state of Florida and the lack of student financial assistance, she may have to go to college out of state or put her college dreams on hold entirely.
 objections.
 even a bipartisan college access bill, the majority could not bring itself to allow a fair and open debate.
 I hope that on the floor today we'll make a statement to support our schools.
 I see you.
 share the goal of increasing access to higher education, but I have a number of concerns with the college opportunity in a bit
 Mr. Speaker, at a time when more and more Americans are struggling to obtain affordable health care, the President's budget drastically slashes health care for seniors and low-income working Americans.
 One woman from Ohio with 15 and one half minutes remaining.
 That's good, but doesn't go nearly far enough.
 know that this process already has some, that the administration already has some problems with it?
 woman continues to reserve her time. Yes, Speaker.
 California is recognized for two minutes.
 That's why the American Society of Civil Engineers has rated our infrastructure a D- and it will cost us $1.6 trillion over the next five years to repair water, sewer, and transportation infrastructure. A crisis not just for the federal government, but even worse for state and local governments.
 I think we should give the president credit.
 the state of California. And I'm sure that the governor will be happy to take that action. Thank you.
 I hope that we can continue to work together to bring this war to an end. I yield back.
 Mr. Speaker, I urge my colleagues to vote against this closed rule and I reserve the balance of my time.
 A more immediate way to make the possibility of attaining a college degree a reality is to increase the aid available to our students.
 And assuming they did that because an overwhelming number of honorable members on both sides of the aisle believe that members should not lose the ability to fund priority items for their districts because of the scurrilous behavior of a handful of renegade members.
 been more than double, I repeat that more than double the number of closed rules in the first session of the 110th Congress and during this month of January leading up to the 1st of February than we had in the first session and leading up to the 1st of February in the 109th Congress. More than double the number of closed rules. And as
 Democrat leaders were invited to join with Republicans and take the sensible bipartisan course of action to reform the broken earmark process.
 This bill continues this Congress' efforts to strengthen America's workforce by creating programs to improve teacher training and bolster student interest in science, math, and technology.
 Sadly, suppressed debate is all we have known under this majority.
 So Neil's back to balance of his time for what?
 Mr. Speaker, we will do all that we can on our side to challenge the leaders to adopt this resolution. Until a moratorium or bipartisan committee is in place,
 would then give you in spades what our friends on the Republican side said last year they wanted to avoid.
 is one of those things that the Reals Committee will always talk about how these things should be discussed in committee.
 Opposed no. The opinion of the chair the no's have it.
 We do need to stop the practice of air-dropping earmarks into conference committees, earmarks that haven't been debated, discussed, or had hearings held on them on the House or the Senate level.
 I'd like to take this opportunity to refresh the memory of my colleagues on the other side of the aisle on past roles.
 There's nothing in here that's partisan.
 Mr. Speaker, the City of Berkeley, California recently disgraced itself by referring to brave Marines with slander when the City Council voted to tell the Marine Corps to close its recruiting station.
 Mexican side of the border, Mexican nationals hide on rocky hills and throw rocks at American border agents.
 We had four Democrats sit before us on one of the panels last night, and they complimented the Rules Committee members for the hard work. And the very distinguished chair of the Committee on Rules proceeded to talk about how life was tantamount to a living hell when we as Republicans were in control versus this great new day that we have.
 Under the Republican leadership, the cost of earmarks quadrupled, and we were treated to stories about Mr. Cunningham, Mr. Ney, Mr. Abramoff abusing the process, as well as several others.
 For the purpose of debate only, I yield the customary 30 minutes to the gentleman from Washington, Mr. Hastings.
 during this same debate in 2006 when we considered comprehensive higher education reform, more than a third of the amendments considered on the floor were offered by Democrats. This
 This bill also continues the work this Congress has undertaken to support our troops by creating new scholarship and support programs for active duty military personnel, their family members, and veterans.
 Mr. Speaker, I believe that we must do all that we can to make education more affordable so that more Americans can achieve the dream of graduating from college.
 you won't hear that from the president.
 President, I hope that you will recognize that we cannot cut the opportunities of young people. I yield back.
 Chairs examine the journal of the last day's proceedings and announce to the House her approval thereof.
 the gentleman for yielding.
 neat, it's plausible, and it's wrong. Even if this federal stick-to-state was effective, it is wrong.
 The gentlewoman from Kansas, Congresswoman Boyd, is recognized for one minute.
 Mr. Speaker, as our economy continues to face uncertain times, this is the worst time for the President to promote drastic cuts in Medicare and Medicaid.
 Okay.
 This provision was found in this bill and it was not one of those pleasant surprises.
 I know our ranking member, Mr. McKeon, is supportive of the bill.
 from Washington.
 moves exactly in the opposite direction of that which our Republican friends said we should move last year.
 Mr. Speaker, this week the President unveiled his final budget proposal, and like previous budgets, it fails to properly address the needs and concerns that are central to the everyday lives of our constituents.
 Mr. Speaker, the challenge we face today is to ensure that our institutions of higher education are accessible to all, and the legislation we are passing today will make it easier for low-income and middle-class families to achieve the benefits of higher education as they climb up the ladder of success.
 has expired. Gentlewoman from Ohio. I reserve my time.
 Democratic Congress's work to eliminate some of this sticker shock.
 only one speaker on that side, is that correct? That's correct.
 The higher education bill being debated today is funded through the Labor H Appropriation Bill.
 Our nation is blessed to have the finest system of higher education in the world.
 We are focused on better jobs for the future, so we will provide loan forgiveness for graduates who decide to enter public service careers in areas of national need, such as early childhood educators, child welfare workers, and firefighters.
 from Washington.
 And some of that goes with being in a college campus.
 These provisions are as good as dead as they come to Capitol Hill.
 Last year we recognized that middle class families were struggling to make ends meet.
 In the coming months, we will present a fiscally responsible budget that meets our pay as go requirements.
 We believe that earmarking should be reformed on all committee levels. We
 The fact that this bill passed 45-0 out of the Education Committee is a testament to the great work that the committee has done on this bill and to the fact that we care tremendously about the future of our children.
 Unfortunately, the President's final budget is more of the same – missed opportunities and misplaced priorities.
 At a time of rising health care costs, the President proposes devastating Medicare and Medicaid that would reduce affordable access to health care for our seniors.
 objection.
 Mr. Speaker, the Higher Education Act has not been reauthorized in a decade.
 90% of us don't get an opportunity to speak on the bill and to offer what I think are very good amendments.
 The last time that this was successfully authorized, as Mr. Hastings has pointed out to our colleagues, was 10 years ago.
 Questions remain such as what and what is not an earmark? When do earmark rules apply and how are earmark rules enforced? We have seen examples of members trying to challenge earmarks and enforce the earmark rules only to be told they can't because the rules don't apply.
 Mr. Speaker, I come to the floor today to speak about an issue that is very close to my heart, personally as a father, as an American, and as a member of Congress.
 Republicans were blocked from even submitting amendments just three minutes after the deadline Tuesday morning.
 One of the answers is to address the soaring cost of attending college and keep the doors to a higher education open by making college affordable through grants and low rate loans.
 Institutions will also be required to provide students with information about federal and private borrowing options.
 Most of the people in local governments are very surprised to see this effort coming back in here in this particular bill.
 As a graduate of the ROTC program and a 25-year veteran of the Marine Corps, I am profoundly disappointed with the appalling actions of the Berkeley City Council.
 For example, there are earmarks routinely in the transportation bill.
 objection, the gentleman from Oregon is recognized.
 objection.
 can't we vote on this? Why is this opposed? Why is it opposed so much that we're not even allowed to debate it on the floor of Congress? How can we say in a higher education bill that we believe in inquiry, that we believe in searching for knowledge, but when we had an amendment to protect students who might have a difference of opinion, that we wouldn't even allow a vote?
 Along with his service to his region, Dr. Patton has served overseas, is a veteran of the United States Army, and is currently a member of the American Legion and the Veterans of Foreign Wars.
 Thank you, I thank my distinguished friend from Washington State.
 All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of Rule 21.
 transparency. So the earmarks put in and members have an opportunity to ask why is that in there, who put it in there, what does it do, and why should the people of Idaho have their tax dollars go to something that happens in Florida. We want to be able to have that debate. I think
 practical effect of the resolution which our Republican friends want to bring up today, even though it is non-germane to this bill, would be to require the air dropping of every single earmark in the entire federal budget. It would
 original proponent of an amendment included in such amendments on block may insert a statement in the congressional record immediately before the disposition of any amendments on block.
 As we face these market insecurities, the full extent of the cuts enacted through last year's budget reconciliation bill are just beginning to be understood.
 What purpose has the gentleman from Illinois arised?
 we move forward with earmarks last year, I brought a motion to the floor to see if members wanted to eliminate all earmarks. That motion is adopted.
 I am pleased to yield two minutes to the gentleman from Georgia, Mr. Kingston.
 It is a particularly sad statement given the nature of my amendment.
 I have several speakers that want to remark on this.
 gentleman from Washington.
 Economists estimate that each dollar of the rebate will lead to $1.26 in economic growth.
 It is because of your great mercy that we would again ask for your blessing and your favor over these women and men who gather here as representatives of our Congress.
 Speaker a message from the Senate.
 Heels back to balance of his time for what?
 purposes the gentleman from Minnesota race.
 increasing aid and encouraging colleges to rein in tuition, this legislation will enable more students to pursue their passions and give back in service to their communities and our country.
 This is the only opportunity I get to talk about it.
 recognized.
 It's a very important piece of legislation.
 This has resulted in those university and community college doors being kept shut for many students.
 look forward to the expansion of these proven programs so that more students in Ohio and around the country may benefit.
 The documentary went on to say that over 75 African American and Latino males are killed in our inner cities on a daily basis.
 The rule provides one hour of general debate controlled by the Committee on Education and Labor.
 Mr. Speaker, it's my honor to yield the balance of my time to the gentleman from Wisconsin, the distinguished chairman of the Committee on Appropriations, Mr. Obey, who will close for our side.
 Mr. Speaker, let's continue to strengthen our nation's future by passing the College Opportunity and Affordability Act today.
 Our legislation significantly increased the maximum amount that Pell Grant recipients can receive at no new cost to taxpayers and was a strong start to this Congress' efforts to make higher education a reality for America's students.
 from Washington.
 This is a good start, but economic indicators continue to head in the wrong direction.
 This unfortunately is more of the same.
 In fact, next Tuesday, Ben Stein has a movie coming out, Expelled, no intelligence allowed, that will debut about one of those debates in science, where there is an effort to stamp it out.
 Sowa in Greek means porch.
 so many things that we could do that would improve this process.
 There is no arguing with those facts.
 C. Each amendment printed in the report of the Committee on Rules shall be considered only in the order printed in the report, may be offered only by a member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
 Although my amendment did not call for any immediate changes within the credit markets or the loan program structure, a sense of Congress urged the Secretary of Education to closely monitor the student loan marketplace so that if, in the near future, these market insecurities translate into a loss of loan availability, we could act quickly to protect the interests of students.
 Considering and adopting House Concurrent Resolution A is a sensible, bipartisan solution that will bring genuine accountability and transparency to the spending process and will store taxpayer trust and integrity in Congress.
 would have preferred a larger reduction to 50% but 43% reduction is a 43% larger reduction than any Republican Congress ever produced and
 amendment addresses this action by denying federal funding to colleges that contract with an entity that takes action to discriminate or condones discrimination against the military by denying equal public access.
 We should know full well what we are doing to states if we move forward on that area.
 as putting a Volkswagen in a carport and the caption would read, it makes your house look bigger. My favorite one was taking a Volkswagen, ripping off the fenders, putting big tires on it, putting even a spoiler in the back, a painting stripe, jacking it up on the back, and the caption read, is nothing sacred. Sometimes while I've been here in Congress, I've often wondered if nothing is actually sacred.
 purpose as a gentlewoman from Texas rise?
 you
 We need to put this prospect of a college education and a brighter future back in reach.
 Members on both sides of the aisle will be able to offer amendments that they believe will further improve this already very bipartisan bill.
 It is possible to soup up a Volkswagen, but we never should.
 Mr. Speaker, I urge my colleagues to vote against this restrictive rule and I yield back the balance of his time.
 Davis is a man of faith who has made the world his porch, always striving to help others learn God's grace.
 In December, the unemployment rate shot up to a two-year high of 5 percent, with over 900,000 more Americans looking for work over the same period last year.
 we have time for 27 amendments, why can't we have an amendment for free speech? I just don't understand.
 purposes the gentlewoman from Ohio rise. Mr. Speaker by direction of the Committee on Rules I call a pass resolution 956 and ask for its immediate consideration. The clerk
 Mr. Speaker, today I want to honor an individual who has a rich background in managing health care services and agencies within the state of South Carolina.
 majority on both sides. We'll see to that.
 Mr. Speaker, with that I yield back the balance.
 tax earmarks. You do not. The White
 purposes of the gentleman from South Carolina rise.
 If Mexico cries tears about it, too bad.
 This is a fair economic package that gets money to the workers, the people who need it the most, and they're most likely to spend it on necessities like groceries and gas.
 The zone's recognized for one additional minute.
 I urge my colleagues to vote no on this rule so that we can amend it or offer an amendment on earmark reform.
 It too was done under a structured amendment process using two rules.
 Soon to Clause 8 and Clause 9 of Rule 20. This 15-minute vote on ordering the previous question will be followed by five-minute votes on adopting House Resolution 956, suspending the rules, and adopting House Concurrent Resolution 283, suspending the rules, and passing House Resolution 4848.
 Mr. Speaker, I ask unanimous consent to insert the text of the amendment, the letter sent from the Republican leaders to Speaker Pelosi on January 25, 2008, and extraneous materials immediately prior to the vote on the previous question.
 that's something that we should look at. There are all types of things that a bipartisan, bicameral committee could look at that would improve this process.
 We had a very interesting debate in committee that
 This bill enhances transparency in college tuition by requiring colleges to report their reasons for tuition hikes and the plans they have for lowering costs.
 On an issue so important to our nation's continued success, I would expect nothing less than a full and open debate.
 Today I'm going to give all members of the House an opportunity to show their support for a bipartisan solution.
 The president wants to work with us to improve this legislation.
 Furthermore, this rule makes an order five times as many Democrat amendments as Republican amendments.
 In addition, Mr. Speaker, I am proud to support an amendment offered by my colleague from Ohio, Congressman Tim Ryan, along with Representative Jason Altmaier, which will create a pilot grant program to assist colleges in setting up textbook rental programs.
 also won't be considering an amendment to protect students' free right speech on campus or either of two amendments to ensure taxpayers aren't forced to provide assistance under this bill to illegal immigrants.
 plan which was passed here in the House last week will help jumpstart our economy by putting tax rebates in the hands of 117 million hard-working middle and lower-income workers. We should
 HR4137, the College Opportunity and Affordability Act does just that.
 Friday, December 14, 2007, the Varsity football team from Thomas Jefferson High School in Jefferson Hills, Pennsylvania won the Class AAA State Football Championships, clinching the Jaguars' second title in four years.
 Thank you, Mr. Speaker.
 With that, Mr. Speaker, I want to yield three minutes to the gentleman from Utah, Mr. Bishop, a member of the committee.
 This was a very good amendment, Mr. Speaker, and one that I would think that the Democrats would want to join Republicans and vice versa and have unanimous support of that.
 Republican proposals were rejected from consideration some 30 hours and 57 minutes before the Rules Committee met.
 not done.
 The budget also hurts our long-term efforts to prepare Americans for better jobs in the global marketplace by slashing important education and literacy programs.
 The question is on ordering the previous question.
 This time has expired.
 I recognize her for an additional minute.
 2006 was up 9.3%
 I think there's some good things in the bill.
 in the context of institutional mission, a college should promote intellectual plurism and facilitate free and open exchange of ideas. Will the gentleman yield?
 Reverend Wes Davis left the beaches of California in the early 1990s to pastor a small church in Kansas in the town of Riverton.
 The President's budget takes a swipe at their pocketbooks by proposing to save nearly $6 billion by increasing the monthly premiums that seniors pay.
 The gentleman from Minnesota is recognized for three minutes.
 is wrong, it should have been considered.
 And many of us, I'm sure, have had college students where, because of FERPA, we never could find out how our youngsters were doing until they were in dire trouble of maybe flunking out of school or having a substance abuse problem.
 it is in the business of cutting those opportunities for our young people.
 of Allegiance will be led by the gentleman from New Jersey, Congressman Sears.
 And Mr. Speaker, apparently members on both sides of the aisle also share this view because over 60 amendments were submitted to the Rules Committee before the deadline.
 objection.
 I yield myself such time as I may consume.
 Mr. Speaker, we're here to consider a bipartisan bill that I strongly support.
 The final amount provided for the Corps, 86% of the projects were administration requested earmarks.
 There was an attempt two Congresses ago to do it, and when we had a structured rule, it failed.
 earmarked timeout is needed in order to get our fiscal house in order and restore public confidence.
 Section 5, during consideration in the House of HR 4137 pursuant to this resolution, notwithstanding the operation of the previous question, the chair may postpone further consideration of the bill to such time as may be designated by the speaker.
 Democrats do not believe that American troops should be on the ground in Iraq for another decade, and neither do the American people.
 woman from Ohio. Mr. Speaker, at this time I yield three minutes to the distinguished gentlewoman from Florida, member of the Rules Committee, Ms. Castor.
 Beyond the sticker price of tuition, any student will tell you that the cost of textbooks is also a challenging cost they incur.
 time for this Congress to revisit that concept, maybe have a transportation vision for this century.
 In all of his previous budgets, this one does several things.
 to see this diversity not as tearing, for these are not people of sheer fabric, for
 you
 to yield back the balance of my path.
 This will only delay the problem for one year and it will push mass transit into deficit the next year instead of a practical solution to fix the looming highway trust fund crisis.
 There's nothing in here that says campuses are liberal, campuses are conservative.
 In response to Berkeley, Congressman John Campbell has introduced legislation that would remove $2 million in secret earmarks for the city of Berkeley and instead send the money to the Marines.
 See these are the same Mexican nationals that later will illegally sneak into America when the border patrol isn't watching.
 The ayes and nays are requested.
 the White House earmarks all the time.
 from Ohio.
 To be clear, with my motion, every member of this House will have a chance to publicly vote and take a stand on earmark abuse and earmark secrecy.
 These students are often attending school less than half time, and thus they sometimes benefit very little from traditional student aid.
 Because the budget reconciliation bill contained drastic and far-reaching changes to federal student loans, the bill before us pays very little consideration to student lending.
 The committee amendment in the nature of a substitute shall be considered as read.
 The woman from Ohio reserves the balance of her time.
 The bill under consideration today is a product of a multi-year bipartisan effort by the Education and Labor Committee.
 wrong to give them more federal mandates.
 However, with tuition costs on the rise, students and their families continue to face the inevitable question of how to pay for a college education.
 be introducing legislation that will assure that historically black colleges, Hispanic-serving colleges cannot be undermined by state government funding when they come under the supervision of the Department of Education.
 their actions and decisions of today not become future apologies, but may they be a statement of this Congress's character, their firm resolve, and a hope for a better America. Amen.
 from Ohio is recognized for one hour.
 Every six minutes we spend debating Democrat proposals today, the Republican ideas will be given 60 seconds.
 In response to demands from both parties, after we reformed the process, we then resumed the earmarking process with the expressed intention of cutting in half the cost of earmarks in non-project accounts.
 This has led to an erosion of public confidence in Congress and could explain part of the reason why Congress's approval ratings are so low.
 Five largest deficits in American history have all occurred on the President's watch.
 cannot help but ask why are Republicans being shut out of a bipartisan bill? Why is the majority only permitting Republican amendments that align with their policy goals? Is this payback because Republicans plan to demand a vote today on earmarked reform? Mr. Speaker, this is an unreasonable rule that taints the bipartisanship of the underlying bill and I strongly oppose it.
 Mr. Speaker, one of the best ways to expand prosperity for more Americans is to make college more affordable.
 correct yet? The gentlelady has just one. I have a speaker who will who will close.
 Previous Republican leadership was notorious for using earmarks as enticements in order to get their membership to vote for bills that individuals would otherwise not be inclined to vote for.
 a grandstanding attempt to escape the reputation of previous Congresses if
 if they ever go under that five-year average of education, their LEAP funds, which are now renamed in this particular bill, will be yanked from those states. Unless they go to the Department of Education and grovel before the Secretary of Education to try and get some kind of penitence so they can get those monies back.
 What I want to remind her is that I sat on that Rules Committee during that time, and I can remember the comments that were made from the minority, the then Democratic minority, of if they had an opportunity to control this place, then rules would be open and fair and people would be treated fair so that each member would have an opportunity.
 This bill we're passing goes a long way to changing that distressing fact.
 been directed by the Senate to inform the House that the Senate has passed without amendment H.R. 3541 cited as the Do Not Call Improvement Act of 2007.
 Today Medicaid serves 55 million low-income and disabled Americans.
 15-minute vote.
 Thank you very much.
 Last time the Higher Education Reauthorization Bill was considered in the House was just two years ago in the 109th Congress.
 Last week, the House approved a bipartisan economic package that will provide urgent relief to 117 million Americans.
 additional minute.
 objection.
 That's just the way it is.
 Tuition hikes in recent years have been stunning, amounting to a 31 percent increase at a four-year public college in the last five years alone.
 A decade ago, the last time we renewed the Higher Education Act, it was debated under an open rule that allowed every member the opportunity for full participation.
 The chairman of the committee said that some of these students who have been complaining should grow up and cited a case of where he struggled.
 and we'll have more on that as we get to the end of the day.
 I'm urging no vote on the rules so that we can come back and have this opportunity to vote on it.
 Somehow, a sense of the Congress acknowledging the very real challenges facing our nation's largest financial aid program was deemed unfit for consideration.
 President Bush worked with both Democratic and Republican leaders of the House to develop an economic stimulus package that is timely, targeted, and temporary.
 By authorizing the Higher Education Act it is important but by adopting this closed rule an opportunity will be missed to make the underlying bill even better.
 These programs already exist in 25 schools and a pilot test at Bowling Green State University in Ohio last spring saved 151 students $11,000.
 it under the structure that we have today undermines the potential to see that happen.
 the Democrats have remained silent and chosen to continue the broken status quo.
 Utah is recognized for three minutes.
 I'm very disappointed. I'm very disappointed not only for myself but for the American people, my constituents, students and parents all across this country.
 That objection.
 objection.
 It's interesting, however, that the President's budget unfortunately does not recognize that opportunity.
 from Ohio. Mr. Speaker I have only one remaining speaker who will close debate for this side because
 The President
 Bush's budget also hurts Americans struggling to make ends by cutting Medicare and Medicaid and the low-income home energy assistance program.
 Is this a majority that strictly adheres to deadlines no matter what the circumstances? Evidently not. At least not when they stand to benefit from a little flexibility.
 Today we'll vote on the College Opportunity and Affordability Act, which will make college more affordable and accessible.
 if
 Madam Speaker.
 Today, 36 million seniors get health care coverage through Medicare.
 I was a state legislator again, responsible for those budgets, realizing this proposal was in here. When we had a chance to add more money to higher education, knowing we would now be judged on a five-year rolling average, there was no way I would ever put that kind of increase in there.
 former member of the Education and Workforce Committee.
 the gentleman additional one minute.
 And I believe improvements to the bill are needed.
 supplemental education opportunity grants for needy undergraduates is now being cut.
 I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
 I commend Representative Tim Murphy for his work in regard to mental health issues along this same line.
 Mr. Speaker I am pleased to yield three minutes to the gentleman from Minnesota also a member of the Educational Workforce Committee.
 Mr. Herkstra had a perfect compromise amendment that was refused to be considered by the Rules Committee on a technicality.
 The Corps is an interesting example.
 I yield back to the President.
 All time yielded during consideration of the rule is for debate only.
 Or will we take up any of the other Republican amendments that were stifled by a heavy-handed majority?
 The Honorable Mrs. Mulvaney.
 The average student spends about $1,000 per year on textbooks, which is nearly 20% of tuition and fees at a four-year public institution.
 Previous questions shall be considered as ordered on the bill and amendments there to the final passage without intervening motion except one motion to recommit with or without instructions.
 Last month, the Iraqi Defense Minister said that his country will not be able to take full control of its security until 2012 and will not be able to defend its borders from outside threats until at least 2018.
 clear Americans want Congress to act now and fix the broken earmark process.
 Why don't those colleagues of ours who are in charge learn from the mistake of having not done this under an open amendment process? So we continue to hear, Mr. Speaker, that this is a great new day and all these wonderful changes have taken place.
 was done in a bipartisan way and it was done successfully.
 time has expired.
 They have been forged stronger by the rigors of politics and public scrutiny, but help them see this clashing and grating as an opportunity to sharpen thought, to cut through rhetoric, and to pierce conscience for the benefit of humanity.
 A hundred years ago, Teddy Roosevelt had a vision for a national conference to develop a plan to deal with the nation's infrastructure.
 the beast he's consistent like
 We believe in the prerogative of the legislative branch to put things in the budget and take things out of the budget.
 back.
 favoring a vote by the yeas and ayes will rise.
 I believe wholeheartedly in free speech. We owe respect to the very people who are sacrificing so much to defend our freedoms.
 After the most recent tear gas episode, the Mexican government sent a self-righteous statement to the United States that said, even though these incidences are a response to hostile acts against Border Patrol agents by Mexican citizens, the actions by U.S. authorities are unacceptable. The Mexican government seems to arrogantly support its rock-throwing nationals, but doesn't want Americans to defend themselves.
 What's the solution for this administration? Well, instead of having a comprehensive approach to deal with this shortfall, they just want to steal some money from the Mass Transit Administration account and walk away.
 we vote on that in the United States Congress to say there'd be no persecution? There's no where-ends clauses here. There's
 All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule 21.
 We must also recognize and applaud our non-traditional students, those members of our workforce who are seizing the opportunity to continue their education while holding down full-time jobs and sometimes raising families.
 Also disappointed that misuse of the budget reconciliation process last year has left us with a bill that includes many important reforms but does not provide a full review of the largest financial aid programs.
 Every member will vote on whether they believe the earmark process must be reformed.
 bill is a good bill. It's a step forward.
 man.
 Each year alone, over $90 billion in federal financial aid is available to students.
 Mr. Speaker, I rise today in strong opposition to this rule.
 wrong to tell states how they will appropriate their money. It is
 from Washington.
 taxpayers also recognize the earmarked process is broken and are outraged with wasteful spending.
 made no such commitments for accounts that are by their nature project-based because to do so would gut the very purpose of the bills under consideration.
 House Resolution 941 is laid upon the table.
 Just four of the 27 amendments we'll consider today were offered by Republicans, about 15%.
 So as far as I'm concerned, the truth is, this is not serious reform at all. It is
 We'll close for you. Yes.
 For example, newspapers at the time reported that the previous Republican leadership used earmarks in the Transportation Authorization Bill as rewards for several Republican members who switched their votes and agreed to support the Medicare Part D provision that forbade the federal government from negotiating with the drug industry to provide lower costs for seniors under Medicare.
 I'm going to go back to bounce my time.
 Today an education at a private university is close to $50,000 a year, and things aren't much better at public universities, where prices have shot up 40 percent above inflation in the last seven years alone.
 Perhaps most troubling is the fact that the Bush budget continues the President's legacy of fiscal irresponsibility and leaves behind a $407 billion deficit.
 secretary.
 The president also cuts Medicaid by $33 billion over the next five years.
 Nearly two-thirds of all students at four-year colleges nationwide graduate with loan debt these days, with the average amount of debt surpassing $15,000.
 This proposal is counterproductive.
 didn't say, well, when we get the majority, we're going to stick it to you just like you've stuck it to us. So I think they should live by what they said they would do.
 from Indiana is recognized for three minutes.
 This will continue our efforts to make college more affordable and more accessible for America's students, while making investments in critical areas to strengthen our workforce.
 We are focused on better jobs for the future, so we will strengthen the Upward Bound program through this bill today.
 how much time do I have? The gentleman from Washington has four and a half minutes remaining.
 fiscal 1995, the last year I chaired that subcommittee, that bill contained virtually no earmarks. By
 earmarks in trade bills, earmarks all over the place in any tax bills.
 Reaching the American dream of leading a secure and fulfilling life is a goal that we can make achievable when we open the doors of college to all.
 So we work hard to ease that economic crunch.
 purposes, a gentleman from Texas rise. I request permission to address the House for one minute. Without objection.
 Certainly when I was in college in the late 60s and early 70s and wore a button, I'm proud to be a square when most of America wasn't proud to be a square. That I certainly had my share of debates, my share of harassment, my share of being yelled down, trying to offer a differing view than the lemming view that was popular in the late 60s.
 assured that Democrats would not allow these cuts to become law.
 Senate has already passed a reauthorization so we must act expediently to pass this vital bill so the President may sign it into law.
 47 were submitted, 27 were made in order.
 Mr. Speaker, last week this House came together in a bipartisan fashion to address the economic uncertainty that many of our citizens are facing.
 Mr. Speaker, our national budget should invest in our future.
 time of college costs skyrocketing, the budget eliminates nearly $1 billion in grant programs.
 A college diploma is a critical step towards a higher paying job and success in life.
 This bill will also encourage, and make it financially feasible, for students to become public servants by authorizing up to $10,000 in loan forgiveness for military service members, firefighters, law enforcement officers, first responders, nurses, educators, prosecutors, and public defenders.
 Objection.
 is not just a problem of amendments being made in order.
 Mr. Speaker, since House earmark rules were changed just last year, loopholes and concerns have been raised.
 done under a modified open rule.
 The chair will entertain up to 15 one minutes on each side.
 has expired. For what purpose is the gentleman from Florida rise?
 I just read you the guts of the bill.
 think that's the first step. But I think there's a whole lot of other things that we should do.
 It's one of those things that was also not discussed in our committee to any detail.
 Institutions that continue to maintain contracts and agreements with this city are in effect condoning this discriminatory and unjust treatment of our service members.
 It is ironic, indeed, that that delay would force us to do the same thing that the Republican leadership so roundly criticized me for last year when I proposed to delay earmarks one month until we had more time to review them.
 that that is so important.
 a little bit of irony here. I had a
 General debate shall be confined to the bill and shall not exceed one hour, equally divided and controlled by the chairman and ranking minority member of the Committee on Education and Labor.
 of Spartanburg, South Carolina, Dr. Patton is an ordained elder in the Presbyterian Church and holds an honorary doctorate degree for his services to the church and community. Along
 motion failed by a vote of 53 to 369 with the majority of both parties voting against it.
 The amendments on block offered pursuant to this section shall be considered as read, shall be debatable for ten minutes, equally divided and controlled by the chairman and ranking minority member of the Committee on Education and Labor or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the whole.
 Those financial insecurities have spread to higher quality assets, including the asset-backed equities that are often used to finance federal and non-federal student loans.
 Heels back the balance of this time for what?
 Mr. Speaker, economists also say we have to act fast.
 extend to them your mercy and your grace. Remind them that you love them.
 Gentlewoman from Ohio reserves the balance of her time.
 submitted an amendment to the Rules Committee earlier this week, but my colleagues will not even have the chance to consider its merits, because it was not made in order by the Rules Committee.
 I would inquire of the gentleman from Washington if he has any remaining speakers.
 from Georgia is recognized for two minutes.
 I am proud that this bill continues the work of this new direction Congress in making necessary improvements for the workforce of tomorrow.
 bipartisan.
 back.
 yield back.
 Speaker.
 Mr. Speaker, over the Christmas break, I was shocked by a piece of news that I saw on Nightline which detailed how medics who are sent to Iraq are honing their skills by working in urban hospitals, attending to gunshot victims.
 Mr. Speaker, House Resolution 956 provides for consideration of H.R. 4137, the College Opportunity and Affordability Act of 2007, under a structured rule.
 one student in my hometown and at Tampa's Jefferson High School's Gabby Rodriguez. You know,
 This legislation also addresses the disappointment we saw last year as the student loan scandal unfolded.
 know and I was happy to hear my friend from Ohio talk about the importance of our global competitiveness and we have to have the best educated people as we proceed to make sure that we can compete in that global economy. But I
 yield myself the balance of the time.
 Mr. Speaker, last year Congress passed the College Cost Reduction Act to increase college financial aid by $18 billion, the single largest increase in aid in over 60 years.
 Gentleman's time has expired.
 time has expired.
 from Wisconsin is recognized.
 This would require or we would urge a moratorium on air marks until the select committee comes back to Congress with recommendations.
 This bill is one of the most bipartisan products of the 110th Congress, reported from the Education and Labor Committee by a vote of 45 to 0.
 Some of it's from the far left, a lot of it's on the conservative side right now.
 In addition to being pastor, family man, and missionary, Pastor Davis is the Executive Director of Stowa Ministries.
 work with the White House and House Republicans on an economic stimulus package that will provide a real and significant short-term boost to this economy.
 The President took a 10-year, $5.6 trillion surplus that he inherited and turned it into a $3.6 trillion deficit.
 We did it under a reform process.
 The resolution would also prohibit bills, resolutions, and conference reports containing earmarks requested by members or the administration to be considered until the Joint Select Committee has filed its report.
 Notwithstanding clause 11 of rule 18, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the committee on rules accompanying this resolution and amendments on block described in section 3 of this resolution.
 hope to offer an amendment today that would acknowledge the challenges facing the loan program.
 Mr. Speaker, the dream of a college education is moving further and further out of reach for middle and low-income families.
 Jackson.
 will be in order. The prayer will be offered by the guest chaplain, Pastor Wes Davis, Riverton Friends Church, Riverton, Kansas.
 education, even higher education, is still the purview of states.
 appalled.
 This particular provision in here should be discussed.
 In Solomon's day, people gathered on the area porches to discuss theology and their faith.
 Since 2001, the real income of a typical working family has fallen by $2,500, and workers' wages have failed to keep up with the inflation for the fourth time in the past five years.
 It is also possible for us to tell states how to run their policy on education, how to appropriate their money to education, but it never should happen.
 from Washington.
 makes in order 27 amendments on a wide variety of important issues relating to the higher education of our nation's youth and others seeking a post-secondary education.
 of my time.
 THE WHITE HOUSE DOES ALL KINDS OF EAR MARKING...AND WE LET THEM GET AWAY WITH IT...BECAUSE FOR SOME REASON, THEY'RE THE WHITE HOUSE. BUT UNTIL
 Every member knows that even if the House unilaterally suspends earmarks, the Senate will not follow suit.
 objection.
 understood the opposition amendment, but what an insult to the American people that when we want to debate whether there should be a student bill of rights on college campuses, which is being adopted and introduced in many places around the country, that the United States Congress can't even debate on the House floor a free speech amendment and protection for speech in colleges. This
 report the resolution.
 Chenery Arts student teacher, Sarah Libertini, said the Metco Art Show is special for everyone who attends and is an opportunity to connect with the Metco students on a different level.
 Mark had set a high standard of commitment and dedication, which the youth of our town may follow and serve as an inspiration for the citizens of the town of Belmont, states the proclamation from the town of Belmont.
 The response to the BGA's Spring Awakenings call for art has been unprecedented, with over 100 artists sending in close to 300 submissions for consideration.
 The S&P rating report, received by Carmen on March 6, describes Belmont's economy as very strong.
 Some were great, some were okay. He especially thanked his mentor, Ralph Jones.
 wine and light refreshments will be served.
 For information, visit kids.pmc.org.
 The size of the financing triggered the dual rating analysis report.
 She said she did not expect to win.
 On March 14th, hundreds of Belmont High School students streamed into the cafeteria after school to participate in the 17th annual student-led event, Make a Statement Day.
 We are so fortunate to have generous and dedicated employees to enrich our company and the communities in which we all live and work, said Karen Vossi, the president of the Harvard Pilgrim Foundation.
 It is served by the Massachusetts Bay Transit Authority's commuter rail, buses, and trackless trolley lines, in addition to several roads and exits along Route 2, which connected directly to the area's deep and robust economy, he said.
 I hope she will continue to serve as a town meeting member.
 He said he will miss the town employees.
 BGA's Art Fun Shops will be held April 27th and 28th.
 It's what makes this town great. People getting in and getting the work done.
 Thank you, Claire.
 In 2018, 33 PMC Kids Rides attracted over 4,300 cyclists and 1,500 volunteers.
 of Selectmen.
 The Harvard Pilgrim Healthcare Foundation recently announced that two Belmont nonprofit organizations were awarded a total of $1,000 from the foundation's Community Spirit 9-11 mini-grant program.
 proclamation from the town cited Peo Lillo's nine years as selectman as well as his 22 years of service in many other capacities on the Travel Advisory Committee, the Council on Aging, Warrant Committee, Committee Preservation Act Study Committee, Town Meeting, Recreation Commission, Minuteman Study Committee, Municipal Light Board, Financial Tasks Force,
 In February and March of 2020, Carmen said he will go to market for another $100 million bond for the BHS project.
 S&P said the outlook for Belmont is stable as long as Belmont remains proactive in its management of its debt and liability profile, as evidenced by its careful planning and prudent budget decisions.
 Farmer Selectman Mark Pagliolo was at town hall when the results came in.
 AOLILA 1.
 The goal of the event is to promote diversity, creativity, acceptance, and education among Belmont High School students.
 Thank you.
 Senior Jessie Giorgio made a cute shirt in which her name was the basis of an asterisked poem, a snapshot of her personality.
 He is also exhibiting a ceramic sculpt fish sculpture depicting a betta fish he used to have as a pet.
 O'Lillo served three terms as a selectman.
 Focusing just on the Belmont High School debt exclusion project, the Belmont taxpayer will save $5,572,000 on this bond, which he estimates is about $40 on the average homeowner's property tax bill.
 Timothy Flood came in third with 136 votes.
 Letco students showcase art at Grove Hall Library by Joanna Kate Savellas.
 Students make a statement. By Siri Kamshick, Abby Yule, and Chantelle Dunn.
 Many of the people in the film are non-actors who have participated in these thoughtful juricus themselves.
 Newcomer Peter Pantezopoulos received $1,400.
 Make a Statement Day is entirely free to those participating
 town expects to get $80 million reimbursed through the grant from the Massachusetts School Building Authority.
 Epstein said Belmont's chronic problem is expenses that exceed revenue.
 The town will receive $108,100,000 in cash and finance $102,030,000.
 Now over to Mac.
 The election results are in.
 Henry's seventh grade METCO student, Crystal Bella Rudder of Mattapan, is exhibiting her art in the show.
 is excited to be part of the art show for the fourth year in a row.
 Just search for the Belmont Media Podcast Network.
 I know she's passionate about a lot of issues, so we look forward to working with her on those issues and all the changes at the Housing Authority, he said.
 The AAA rating reflects the town's healthy financial operations and reserves, a moderately sized tax base in close proximity to New England's largest employment center, strong resident wealth and income profile, and rising but manageable debt burden, Moody's said in its report.
 I learned a lot from all different points of view, rich, poor, young, old, with different concerns, he said.
 The winning bidder was JP Morgan Securities LLC.
 Our passport includes eight admissions for $75 and can be shared with one other person.
 The first meeting is April 22nd, at which time they will elect a new chairman.
 Celebrate Spring at BGA's new exhibit by Rebecca Richards.
 Kennery 8th grade METCO student, Kadir Davis of Dorchester is exhibiting his two-point perspective of Legos with dragons in the background in coordinating colors made with pencil.
 Mark Paolillo attended his final meeting as Selectman on April 1st and was honored with three proclamations from State Senator William Brownsberger, State Representative David Roger, and the Town of Belmont recognizing his history of service and dedication.
 Others made t-shirts focusing on empowering both women and members of the LGBTQ plus community, current gun and immigration laws and climate change.
 Every dollar counts, he said.
 Thank you, Max.
 The most recent close race for Selectman was in 2012 between Andy Rojas and the late Dan Schaffman.
 METCO students in kindergarten through eighth grade are participating in the fifth annual METCO Art Show through April 11th at the Grove Hall Library in Dorchester.
 Belmont World Films 18th Annual International Film Series, Making Peace, will run through April 29 at the Studio Cinema in Belmont with films beginning at 7.30.
 Shekoway said she cares about the transition to the grade 7-12 school and getting into the community, listening to different perspectives and bringing them to the table.
 In order to purchase the T-shirts, makers, and other supplies necessary for the event to take place, committee members Sherry Koshik, Abby Yu, and Chantel Dunn prepared grant proposals and spent the preceding months planning their annual event.
 The total project will cost $295 million.
 Managing that in a way that people can live with it is the most important challenge facing Belmont. And I believe I'm the best prepared to help do that," he said.
 according to Karman, a savings of around $6 million.
 Epstein wins selectman's seat, Page wins housing authority, Prestwich and Chekaway win school committee seats by Joanna Cazovellis.
 It depicts depression and how it affects the lives of people ages 15 to 24.
 There's so much more to do, and the three members of the board need to move forward together. Unite the town, and let's focus on the issues we need to address and enhance the quality of the life of the residents in our community, said Pea Lillo.
 Lavity will become the acting chairman to fill the vacancy left by Olsen, who was the chairman.
 I made a box that's like a rainbow and a person choosing a path they want to go down and being conflicted, she said.
 Listen anytime on the BMC Podcast Network on SoundCloud and iTunes.
 Although the AAA rating could give the town a premium which could save taxpayers up to $600,000.
 The most important experience of that was meeting all the people who are incredibly diverse, generally very welcoming, very informative.
 The true interest cost of the 30-year bond is 3.310%.
 Now over to Max.
 He said he looks forward to working with Paige and welcomes her with open arms.
 The Belmont Gallery of Art invites visitors to celebrate the joy and beauty of spring with its new exhibit, Birds, Blossoms, and Botanicals, at the Homer Building, 3rd floor, 19 Moore Street.
 The end result is an exhibit filled with work by over 75 artists, featuring not only painting, printmaking, and photography, but other types of art making as well, including textiles, jewelry design, and assemblage, with the common theme of depicting the beauty and joy of spring.
 I think it's cool people get to see my artwork. I work hard on it, he said.
 The proclamation also states he was instrumental in changing how municipal employees communicated with residents, pushing for a stronger web and social media presence.
 The smartest guy I ever served with," said Paolillo.
 The Gallery Talk, Coffee and Conversation with Exhibit Guest Juror Lauren Meyer will be held from 10 a.m. to noon, April 13.
 Credit challenges are the rapid growth of school enrollment driving rising education operations and capital costs and future debt plans over the near term will substantially increase debt burden.
 On March 12th, Karman went out to market for a $100 million bond to fund the Belmont High School grade 7-12 building project.
 The Pan-Mass Challenge has raised more than $654 million for cancer research and patient care at Dana-Farber Cancer Institute since its inception in 1980.
 I didn't think anybody cared.
 missed upbeat music and tasty homemade treats, students packed themselves around the circular tables, littered with shoppies to decorate free white t-shirts purchased using donations for the Belmont PTO, the Youth Activities and DARE, Incorporated program of the Belmont Police Department, and Belmont Against Racism.
 The mini-grant program is a wonderful way to support our employees.
 Quote, the town's economic profile benefits from its location, which has given way to extremely strong and stable wealth and income levels.
 She came incredibly close to winning.
 I will do all of the volunteering I possibly can.
 We had a terrific team of department heads and town employees that do their best every single day.
 opportunity to play, let your imagination run loose, and create something unique and personal for you or for someone you love.
 In 2018, one of those rides took place in Belmont, in which more than 300 local children participated to raise funds for patient care and cancer research at Dana-Farber.
 Triple A Rating to Save Town Money by Joanna Kate Cervellos.
 Local nonprofits receive community grants.
 because you like being the chair, said Dash.
 Epstein said he never ran a campaign before and thinks he knocked on 2,000 doors.
 The vote passing the debt exclusion for the new grade 7-12 high school building in November 2018 authorized Carman to borrow $212.7 million.
 However, we believe overall costs are affordable and the town has been active in managing the overall liability, S&P said in its report.
 I'm not going away any time soon, no matter what," said Bennett.
 Housing Authority.
 Each participant then wears their decorated shirt to school the next day, where they are encouraged to share their statement with their peers and teachers.
 Belmont World Film to present Jirga.
 The film was Australia's 2019 submission for the Best Foreign Language Film Oscar.
 not only in school, but outside of school.
 And now on to the talking news.
 Many predicted it would be a close race between Selectman candidates Roy Epstein and Jesse Bennett, and the results proved just that, with Epstein winning over Bennett by 128 votes.
 Thanks, Claire.
 The other communities are Acton, Boston, Brookline, Cambridge, Hingham, Wellesley, Weston, and Winchester.
 The Belmont Chinese American Association received a $500 grant, and Belmont High School received a $500 grant.
 Her first school committee meeting will be April 9th.
 Thanks, Bob.
 Besides epitomizing this year's theme of making peace, Jirga portrays the people of Afghanistan in a different light from American cinema, said Belmont World Film Executive Director Ellen Gittleman.
 Before this debt exclusion, the town was in debt about $75 million, according to Karman. With the $100 million bond, the debt will be $175 million.
 Getting prepared for the next override is something we have to start thinking about now.
 RSVPs and nominal fee are required to cover supply.
 Thanks, Bob.
 Kennery art teacher Katie Kelly said the art in the show highlights the work done in the curriculum, such as two-point perspective, one-point perspective, clay masks, slab building, screen prints, portraits incorporating the where-I'm-from poem they work on in seventh grade English class.
 The average single-family Belmont home valued at $1,090,000 will see their real estate taxes increased by $760 annually.
 Along with my colleagues, Claire and Max, we thank you for listening to The Talking News and hope you have enjoyed the show.
 likes that the exhibit is close to home.
 Watch and listen to the talking news every day at 12 noon and 6pm on Channel 96 Comcast Xfinity and Channel 30 Verizon Fios.
 If interested in becoming a coordinator, contact Justine Darmanian at 781-343-4012 or Justine
 Leo Lillo is a certified public accountant and works as principal of Abandoned and Unclaimed Property Practice Leader for Ryan of Boston.
 The rating also incorporates the town's aggressive funding of its moderate pension liability.
 He said he believes the experience made him a better candidate and it will make him a better selectman.
 In the race for the two three-year school committee seats, the winners are newcomer Amy Chekaway coming in first with 3,105 votes and incumbent Andrea Prestwich with 2,950 votes.
 One can almost hear the birds singing and smell the flowers in an exhibit that delights the senses.
 In response to the many accolades and applause from the audience, which included Peaulillo's wife Christine and his mother Mary, Mark said, it has been a privilege and honor to serve the residents of the community.
 GBT and WIC cardholders can purchase tickets at half price on the day of the show.
 She hopes to continue studying different forms of art in high school.
 He served as chairman of the Selectmen in 2012, 2013, and 2016.
 mass challenge seeking kids rides coordinator.
 were seven bidders.
 Kids ages 2 to 15 pedaled routes between 1 and 10 miles in mini bike-a-thons, providing them the opportunity to raise money for cancer care and research, just like the adults who participate in the PMC.
 He also thanked the other boards he served with.
 The BGA will host an opening reception for Birds, Blossoms and Botanicals from 6 to 8.30 p.m. on April 12th with many of the artists present.
 Since this community grants program began in 2002, Harvard Pilgrim employees have directed more than $6.3 million to thousands of organizations throughout Connecticut, Maine, Massachusetts, and New Hampshire.
 This is the first time in 28 years a tenant has been elected as a member of the Housing Authority Board, according to Housing Authority Board member Charles Laverty III.
 This year, Officer Horan made a surprise visit to the event, much to the delight of many who had him as a teacher and guide in their 5th grade DARE classes.
 I like that I can do anything I want in the art class.
 It lets students show what they do in school.
 The report also states Belmont's debt and contingent liability profile as weak, but that the costs are manageable given the town's very strong demographic profile.
 She has done wonderful work on the High School Traffic Working Group, and perhaps in the future she'll throw her hat in the ring again," said Pelelo.
 The Pan Mass Challenge, a charitable bike-a-thon held every August, is seeking a coordinator for the Belmont Kids Ride event.
 This was the first time the town has been raided by two raiding agencies, according to Carmen.
 That had nothing to do with it, he said.
 These BGA events are free and open to the public.
 Over to you, Bob.
 Mock's a really, really smart guy, and he's a really, really nice guy, and both of them really matter in public service. That you bring out your intellect, but you also provide fundamental decency as a human being, said Rogers.
 While unlikely if financial performance were to deteriorate significantly, leading to a draw on reserves, or if long-term liabilities increased at a faster pace, leading to budgetary pressures, we could lower the rating, S&P said in its report.
 I hope now that the race is over, the town comes together," he said.
 This is the first three-way race for Selectmen since 2010, when Mark Pagliolo first ran against Daniel LeClerc and Anne Mahan.
 And now over to my colleague, Claire.
 You've done so much for this town and collaborated with so many people, and that's how things get done, is by people collaborating. You're a leader that does collaborate," says Brownsberger.
 Paige was overwhelmed with joy as she learned the results of town hall read by assistant town clerk Meg Picillon.
 When asked about it, Boyle responded that it was to show that he and Cubstead were just two halves of a whole.
 January 7th grade METCO student A.J. Sweet of East Boston will exhibit a picture he created of his dog, Lucky, and a portrait of himself which incorporates the Where I'm From poem he wrote.
 Proclamation states, payolillo was an integral in the creation of the first financial task force, Belmont's first look at a municipal, at a multi-year strategy regarding town finances and capital improvements and bringing the town and schools into one budget, creating the One Belmont, One Budget approach.
 makes clear.
 Together they raised more than $950,000 as part of the PMC's monumental $56 million gift to Dana-Farber and in 2019 PMC KidsRides hopes to raise $1 million as part of the organization's fundraising goal of $58 million.
 $7.4 million to renovate the police and public works buildings, $700,000 for the town's ongoing water main replacement project.
 We're not perfect. We try to serve the community and the way they want services provided," he said.
 Visitors to birds, blossoms, and botanicals will feel truly enveloped in the earth's beauty and renewal at this special time of year.
 This program allows each Harvard Pilgrim employee to award a $500 grant, completely funded by the Foundation, to the local charity of his or her choice for each calendar year.
 I get to choose what I draw and what I make," she said.
 My opponent's been around forever, and she's done so many amazing things for this town, and I just didn't think I had a chance," said Paige.
 Each year, students and staff are invited to decorate these t-shirts with slogans, images, quotes, or symbols expressing whatever it is that they are passionate about.
 In our opinion, a credit weakness is Belmont's exposure to rising costs related to pension and OPEB obligations.
 He thinks it's important for the select men to unite the town.
 It was created using a carving tool and linoleum with rolled ink.
 Town Treasurer Floyd Karmann announced March 7th that the Town of Belmont has been assigned a AAA rating by both Moody's and S&P.
 The organization hosts more than 30 PMC Kids Rides throughout Massachusetts and New England.
 I'm really going to miss the work. People thought I was retiring because of the work and long hours.
 Meyer, a landscape designer and editor of the papers of Frederick Law Olmsted, will give a talk on the legacy of Frederick Law Olmsted.
 Thanks, Max.
 Chairman Adam Dash and Selectman Thomas Caputo presented Peolillo with a wooden rocking chair engraved with the Belmontown seal, his name and years of service.
 Huffman lost by just 35 votes.
 In addition, if the town's tax rate flexibility were to diminish, as evidenced by its electorate no longer willing to support operating overrides and debt exclusions, the rating would also be pressured, particularly given the expected rise in debt and other costs. Over to you, Bob.
 He thinks it took a lot of courage for Bennett to step into the ring without a lot of time spent in town politics.
 They help others to make an impact in their own cities and towns. In 2018, 96% of Harvard Pilgrim employees participated in at least one form of service or giving through volunteering, the mini grant program, or the Harvard Pilgrim's annual employee fundraising campaign.
 Newcomer Cassandra Page won the five year housing authority seat with 384 more votes than incumbent Thomasina Olson.
 This year, sophomore Andrew Cubstead and Thomas Boyle collaborated on their t-shirt and made abstract t-shirts that on their own seemed nonsensical, but when put together resembled a unified t-shirt.
 Rogers said he is sad to see Paolillo go.
 Belmont World Film will present the New England premiere of Jirga, sponsored by the Australian Consulate of New York, at 7.30 p.m. April 8th at the Studio Cinema 376 Trapella Road, Belmont.
 It lets them express themselves and show what they've been going through at home," said Rutter.
 Honored for his service by Joanna K. Zavalas.
 For many, this year's town election was a nail-biter, with a contentious three-way race for the selectman's seat, as well as races for school committee and housing authority.
 And now here's Max.
 Belmont is one of nine communities out of 351 that have both Moody's and S&P AAA ratings.
 She is focused on trying to make sure our students are getting a comprehensive, high-quality education and that teachers in leadership are supported to make positive change in the schools.
 And now over to Claire.
 To commemorate those Harvard Pilgrim members who lost their lives on September 11, 2001, Harvard Pilgrim and the Foundation created the Community Spirit 9-11 Mini-Grant Program.
 Director Benjamin Gilmour will speak after the film via Skype from Australia in a discussion moderated by Zahra Loftfi, a Middle Eastern Studies scholar originally from Afghanistan.
 Working with both found materials and supplies and guidance provided by the BGA, participants in each three-hour long workshop will leave with an original piece of art.
 The following year it will be $275 million.
 I've given some thought to taking this as a moment where we could maybe simultaneously address a tax program for seniors and revisit the business model for town departments to see if money can be saved by restructuring services and rethinking some of the ways the town raises revenue. Before the results came in, Bennett told the Citizen Herald, whether I went or not, I plan to stay involved in the town.
 Now over to my colleague Claire.
 According to Chenery Visual Arts teacher Kathleen Burns, the show originated in response to making sure all students that come to Belmont feel that they are part of the community and to celebrate their art, not just in Belmont, but in the communities where they come from.
 We will return next week for another edition of Local News Happenings Around Belmont.
 On effective January 1, 2020, residents will see the effects of this initial borrowing for the debt exclusion for the BHS project on their property tax bills.
 Second-grader, 8th grade, METCO student, Maima Diakate of Mattapan is exhibiting a screen print she created with a group in bright orange and red and a two-point perspective about social issues including gay rights.
 It can also be heard Mondays and Tuesdays at 4.30pm and Wednesdays at 12.30pm on Channel 9 Xfinity and Channel 29 Fios.
 Back to you, Bob.
 According to the Moody's credit analysis received by Carmen on February 28th, factors that could lead to a downgrade of Belmont's rating are a failure to maintain financially balanced operations as debt service increases, deviations from planned funding of pension liability, and the unwillingness of voters to approve future debt exclusions and overrides.
 Epstein said the biggest issues facing Belmont in the next few years are financial, between completing capital projects successfully and managing a request for an override.
 He also thanked his late father, Anthony, who instilled in him the need to give back to the community by serving it.
 enjoyed every single day and every single year.
 school committee.
 Opening April 12, the exhibit will delight visitors with the many images and vivid colors of the Earth's awakening after the quietness of the winter months.
 Tickets to film screenings are $11 general admission and $9 for students and seniors in advance at http://belmontworldfilm.org and $12 and $10 respectively on day of the show beginning at 7 p.m. with cash.
 a meal service bringing professional chefs into the homes of the 65 and over community.
 Corner properties are required to clear both sidewalks along their corner property.
 Listen anytime on the BMC Podcast Network on SoundCloud and iTunes.
 Thompson fourth grade teacher Sarah Marie Jett wrote the first draft of her novel in three months.
 There are steps we could work on together so it helps both of us.
 First time licenses for new pets must be by paper application with the veterinarian certificate of rabies vaccination.
 Thank you, Bob.
 The purpose of the bylaw is to encourage owners of residential property to remove snow, slush, and ice for abutting sidewalks so that the town's local services and amenities are reasonably accessible by pedestrians via sidewalks.
 The selectmen committed to vote on the 2018 Belmont Farmers Market at the next meeting on February 5th.
 The fire is under investigation, but appears to be accidental in nature," said Fire Chief Frizzell.
 There's meal services, you can call Uber and have them deliver meals. There's senior meal service centers aside from Meals on Wheels. There's more upscale ones.
 It would create an asset for the town and provide breathing room in all the schools.
 The Board of Selectmen approved their application for an all-alcohol liquor license on January 8.
 Seniors or caregivers interested in hiring O'Neill can set up an initial consultation session.
 The novel is inspired by a family Jet nannied for, whose son had epilepsy.
 This is a critical moment for the center.
 Fees applicable are January 1st through March
 Foley said he is not speaking on behalf of all of his tenants.
 The design option narrowed down to major addition with renovated pool and field house by Jovanna K Zovellis.
 We were thinking about a food truck, actually.
 Course space on the first floor of the building will be shared, which will include a pre-function area for the auditorium, theater, and gymnasiums.
 A continuous clear path connecting to abutting property is required.
 The Belmont Housing Trust recently completed a draft housing production plan which determined nearly 25% of Belmont's current households are eligible for affordable housing.
 However, an additional option to right size the middle and elementary schools would cost $18 million to $25 million.
 Two kids later, she dedicated herself to refining the draft, taking advantage of nap time and the evenings after her kids were asleep.
 Over to you, Bob.
 They control the cost of the food, said O'Neill.
 Belle's parents want to love Julian and protect him and keep him safe.
 Companies forced the front door to gain access and fire was visible in the back of the store.
 O'Neill's franchise is the first to hit the Northeast, covering Arlington, Lexington, Winchester, and Belmont.
 He said the Butler and Burbank elementary schools would only be able to have two classes per grade.
 and the novel opens with him having a serious seizure.
 Enforcement is focused on school walking routes and at locations where specific complaints have been filed.
 This is a stepping stone we need to lay the foundation to build on going forward, said Gloria Lebsig.
 To be able to hang out with somebody and engage and build relationships, that's going to be key. How it works.
 They choose four of those entrees, and I'll come in and I'll prepare three to four servings of each entree, so there will be 10 to 12 servings.
 Two new developments, Royal Belmont, which is partly completed, and the Bradford, which is under construction, will add 72 more affordable units to Belmont's inventory.
 On January 23rd, the School Committee, Board of Selectmen, and BHS Building Committee voted in favor of what has been referred to as the bow tie option.
 We suffered some water damage, but you'd never know it today.
 Getting edits really affected me as a teacher, she said. I've seen the other end. Jett showed her students how her draft changed over time, how the deleted chapters and characters made it better in the end.
 The letter includes a bar graph of the average number of parking spaces available in the Claflin Street parking lot at 3 p.m. and 5 p.m. on each day the 2017 farmers market was open.
 Having left the restaurant business for business cafes, O'Neill wasn't looking to get back into the long hours required for that kind of cooking.
 A grade 9 through 12 high school would not solve the capacity issues in the town's lower grades and would require renovations at the middle and elementary schools, costing between $54 million to $64 to $66 million.
 Fire Damages, Three Storefronts by Joanna K. Zavalas.
 Checkout said the BCBA would like the Belmont Food Collaborative to consider changing the day of the market to Monday or Tuesday because it's a slower retail day.
 As a Mexican-American, Jett looked to fill her classroom library with books featuring diverse characters.
 The Wellington Tavern used to be located next to Wellington Station.
 The meals are then packaged and put in the client's fridge or freezer.
 Leipzig said creating affordable house ownership and affordable rental units in Belmont is difficult.
 Shalen said the most important characteristic that makes Belmont a successful district is the culture it builds for each grade configuration.
 The restaurant will serve modern American fare, offer a seasonal menu with locally sourced ingredients, and include vegan and gluten-free options.
 Referring to the minutes from the April 3rd, 2017 Board of Selectmen meeting, Johannit said they were never asked to meet with Locatelli Properties or the Belmont Center Business Association before the 2018 season, just to meet with the Board in the fall.
 Thank you, Bob.
 teach fourth graders.
 It was standard in the UK where she grew up.
 Community Development has two staff members for enforcement of the bylaw.
 Only 6.7% of homes in Belmont are affordable, including apartments, she said.
 Along with my colleagues, Claire and Max, we thank you for listening to The Talking News and hope you've enjoyed the show.
 There will be 3,500 square feet on the first floor where the restaurant will be and a little more than 2,000 square feet in the basement for office, storage space, and restrooms.
 Farmer's market plans delayed.
 You can do three to four clients a day, so I'm not working until twelve at night," he said.
 Capacity issues, cost drive the decision.
 The bylaw does not give the town the ability to compel a property owner to clear their sidewalk.
 Julian has a severe form of epilepsy.
 Finding people is going to be key that are personable and good cooks, said O'Neill.
 Enforcement areas are broadened as more time passes after a storm event.
 Leipzig then said there was three key elements of the plan. An assessment of the town's housing needs, a demographic analysis, goals they are trying to meet, and strategies towards achieving those goals.
 The Belmont Housing Trust would like to work with the planning board to revise the exclusionary zoning bylaw to increase the affordability requirement to be comparable to similar bylaws in neighboring communities, said Lebsig.
 All of which could accommodate a grade 7 through 12 configuration.
 By the time I'm done are four entrees," O'Neill said.
 As a teacher for 10 years, Jett was used to giving her students edits on their work.
 Johannet said she sent a letter to the Selectmen on November 15th, which was never responded to.
 The service master guys came in last night to clean it up.
 It's the same as having a restaurant, said O'Neill.
 and he expects 1,000 additional students through 2020.
 Thank you, Max.
 But we are also concerned about the new businesses in the centre having enough parking for their customers, he said, referring to Cambridgeware, Didricks and Local Root, which opened in the fall, and the Wellington restaurant, which is opening in the spring.
 It's great for kids to see grown-ups doing lots of things, said Jet.
 And now over to Claire.
 After he finishes cooking, O'Neal will sit down with the seniors and discuss the menus for next week.
 It will have 133 seats with 21 at the bar, similar in size to El Casal in Belmont.
 However, 337 units are still needed to meet Belmont's affordable housing quota under the state's Chapter 40B law, which sets as a goal that at least 10% of a town's housing units be set aside for affordable housing.
 I'm confident we can create a great learning environment that matches our vision," he said.
 It's time to license your dogs and cats.
 We believe that even with the businesses that have not yet opened, there is adequate parking on market days," the letter states.
 In this world, Julian has no physical limitations.
 Community staff members are also building inspectors and are required to continue their responsibilities as inspectors even during snow events.
 In 2013, Belmont revised its exclusionary zoning bylaw.
 School committee member, Andrea Prestwich, said she there are huge positives to a grade 7 through 12 configuration.
 And over to you, Bob.
 The Selectman approved the all-alcohol license contingent upon the new restaurant's certificate of occupancy and final inspections and approvals by all necessary departments and issuance of common victuals license.
 Selectman asked Belmont Farmers Market to address concerns of Belmont Center businesses by Joanna K. Suvalis. The Belmont Farmers Market, entering its 13th season, is facing a delay in the approval of plans for its 2018 season.
 I could do as much work as I want per day.
 During the January 23rd meeting, the BHS Building Committee, Board of Selectmen, and School Committee also voted in favor of the design option known as the, quote, Bowtie or 2.4, which is a major addition with a minor renovation of the existing pool and field house.
 If the property is not cleared after the next event, a $50 fine is sent.
 enforcement.
 just search for the Belmont Media Podcast Network.
 people that really liked it and appreciate what I'm doing. With the help of his brother, Christopher McCormick, O'Neill purchased a franchise of chefs for seniors,
 incorporates the magical realism of childhood by Abby Matheson.
 Pet licensing applications, both online renewals and fillable PDF, are available on the town clerk's webpage at www.belmont-matt.
 I want to make sure the new businesses do well.
 Selectman Vice Chairman Mark Pellillo said the market made a commitment in 2017 to have a dialogue with business owners in the fall and it wasn't done.
 Most important, Leipzig said, approval of the CPA grant tells other statewide agencies who may be lenders on affordable housing projects that the Town of Belmont is committed to affordable housing. And now over to Claire.
 Residential snow removal bylaw information.
 The spirited gourmet suffered minor water damage.
 There's nobody else doing this.
 The cost would be $25 million to $34 million to renovate the five buildings for kindergarten through grade six. Phelan said a grade seven through 12 configuration at the high school supports the educational vision for teaching and learning for the entire district.
 Filippo, Dante, and Damien de Magistris, co-owners of Il Casal in Belmont and Il Casal in Lexington and Dante in Cambridge, are opening a new restaurant in Belmont called The Wellington to be located in the newly renovated 75 Leonard Street building, formerly part of Belmont Center's Macy's.
 They will sit down and discuss the seniors' likes and dislikes and dietary needs.
 love between siblings and between parents and their children.
 Kevin Foley, manager of Locatelli Properties, which owns 49 through 89 Leonard Street, said Filene's and Macy's, former tenants, got really hurt by the parking regulations the town implemented over the last 20 years.
 You are here and it makes it seem that foodies is against the farmers market but I know for a fact that they are not," she said.
 Spayed or neutered cats and dogs are $12 or $9 if the owner is 60 years or older.
 When Arlington native John O'Neill lost his job cooking in the Tewksbury Hospital kitchen, he took the opportunity to start his own business.
 A larger entrance will be for the high school grades 9 and 10 or grades 10 through 12.
 After months of public meetings, the Belmont High School Building Committee voted unanimously in favor of a grade 7 through 12 option Tuesday night.
 A grade 7 to 12 school would solve the capacity issues for all the Belmont schools.
 Piling snow on the sidewalk at the property line is not allowed.
 Since 2009, Belmont's housing prices have increased by more than 40%, making the town increasingly inaccessible to households with low and moderate incomes.
 The Belmont resident started her novel, What the Wind Can Tell You, in 2011.
 Thank you, Max.
 So if they want filet mignons or lobster tails, I'll buy whatever they want and cook whatever they want. Seniors select from a list of 12 menu items to rotate through over a five-week period.
 As a parent, you want to protect your kids, said Jet.
 and after further investigation, a fire was seen inside Pilgrim shoe repair.
 we're hanging out telling jokes. Other chefs for seeing his locations include Florida, Georgia, and Wisconsin.
 Phelan also explored the possibility of changing the grade configurations for the middle and elementary school buildings to kindergarten through grade 6 if a grade 7 through 12 high school is built.
 Snow removal enforcement typically occurs in the afternoon.
 On January 10, the Community Preservation Committee approved the Belmont Housing Trust's CPA application for $250,000 to be set aside to help accomplish the goals of the Housing Production Plan.
 thin line between magic and reality.
 They did not count available spaces in the Locatelli lot, only the municipal lot.
 Chris Benoit, owner of the Spirit Gourmet, said he feels very lucky his store was able to open on January the 15th.
 A development with more than 40 units must be 15% affordable.
 The bow tie design option was selected.
 Property owners are subject to fines up to $350 per winter season if they do not clear the sidewalk, but they can choose not to clear the sidewalk.
 In the summer of 2017, Jett signed her deal with Islandport Press, a Maine-based publishing company.
 While listening to the National Public Radio one day, he found his inspiration.
 These costs would not be covered by the grant from the Massachusetts School Building Authority.
 In particular, there's a need for senior housing and housing for young and newly formed families in Belmont.
 I bought the food truck for dummies book.
 grade 7 to 12 option is favored
 Thanks, Claire.
 Growing up, she struggled to find herself represented in literature.
 Here's Max.
 And now over to Claire.
 which is why the November 15th letter was sent asking to open the discussion about the 2018 market.
 60 units of affordable housing will be created at Royal Belmont and 12 at the Bradford.
 Older students can take on supervisory and mentoring roles, she said.
 This will avoid the need to clear a sidewalk twice due to snow plowing of the roadways.
 I think that's a pretty significant statistic," said Leipzig.
 When Julian comes home from the hospital, Isabelle sits with him in his room.
 His department cleared the scene in three hours.
 chose the name because of its significance to the town's history.
 Chairman Jim Williams said the Belmont Food Collaborative needs to meet with the Belmont Center Business Association to address the concerns of Belmont businesses about parking and the day the market is held.
 A sidewalk is defined as any walkway paved with brick, stone, cement, concrete, asphalt, or any other impervious material.
 We will return next week for another edition of local news happenings around Belmont.
 If a property isn't cleared, they receive written notice for this first offense.
 The Department of Public Works determines when the storm ends and notifies community development.
 and then also just being able to help them. That's the biggest thing.
 Superintendent John Phelan recommended the grade 7 to 12 configuration to the school committee and gave a presentation outlining how he reached his recommendation.
 Thanks, Claire.
 Property owners are not required to clear a path to the street, clear accessible ramps, or clear MBTA or school bus stops.
 It can also be heard Mondays and Tuesdays at 4.30pm and Wednesdays at 12.30pm on Channel 9 Xfinity and Channel 29 Fios.
 If we offer funding up front, the developer might make additional units affordable, said Leipzig.
 Now over to Max.
 The convenience fee for a $12 pet license is just $1.22 more.
 The issue we have is the parking the last five years may be very different than parking this spring or next spring or the year after," said Foley.
 13 to 40 unit development must be 12% affordable.
 But they're just dropping off," said O'Neill.
 Financially, he said there is no vehicle for funding for renovations to create more space at the existing middle and elementary schools.
 The line between real and magic is very thin for them," said Jet.
 Upon entering, the automatic fire sprinkler system activated, he said.
 Make sure you license by the March 15 deadline to avoid the automatic increase in fees and the possibility of a $50 enforcement violation.
 After she nannied for the family for several years, they had a second child.
 construction is underway.
 That way, when he purchases groceries for the meals, seniors don't wind up with two of something.
 The CPA grant will give the Belmont Housing Trust the ability to work with developers who might be amiable to adding affordable units if the housing trust offers them additional funds.
 Arlington Native starts in-home chef service for seniors.
 It will have four floors and two separate entrances at each end of the building.
 Business Group suggests New Market Day.
 Beginning March 16, the fees increased significantly.
 The one-alarm fire, which broke out inside Pilgrim Shoe Repair, 448 Common Street in Belmont, and damaged neighboring stores, the Spirited Gourmet and Fred Astaire Dance Studio, was quickly extinguished by the Belmont Fire Department on the evening of January 14.
 it would be another six years before she was offered a book deal.
 sidewalk must be cleared to a width of no less than 36 inches.
 25% of households eligible for affordable housing by Joanna K. Zuvallis.
 But his sister loves him in a different way.
 This option involves a major addition with a minor renovation to the existing pool and field house.
 The DeMagistris brothers' plans for a new restaurant are moving forward.
 Some menu options include lemon chicken, orzo soup, Swedish meatballs, apple sage, pork tenderloin, and classic shepherd's pie.
 For now, O'Neill will be the only chef working for the franchise.
 and the Channery Middle School would have six classes per grade,
 Property owners are cited only once per event.
 According to Belmont Fire Chief David Frizzell, at about 8.23 p.m. on January 14, a Belmont police officer noticed the fire alarm sounding in the business block of 448 Common Street.
 teacher to debut first novel.
 Property owners subject to exemptions established by the Board of Assessors automatically are exempt from the Snow Removal Bylaw.
 Watch and listen to the Talking News every day at 12 noon and 6pm on Channel 96 Comcast Xfinity and Channel 30 Verizon.
 The funds could also be used for pre-development site work to identify areas in the community where an affordable housing development could be built near public transportation.
 Thanks, Claire.
 Alexa Hatziliadis addressed Foley at the meeting, asking if his tenant, Foodie's Market, supports him speaking against the farmers' market.
 If your pet has an up-to-date rabies vaccination currently on file with the town clerk, renewal of the pet license can be accomplished in fewer than two minutes by renewing and paying online.
 We're in there.
 Committee members tout the benefits.
 Currently a development of 6 to 12 units must make 10% of its units affordable.
 For them, it's very real. The rest of the novel explores the contrast between Las Brisas and the real world.
 The fire damage was contained to the Pilgrim's shoe repair and there was smoke damage in the common hallway and water damage to the shoe store and Fred Astaire Dance Studio in the basement directly below the show store.
 On her drive home from visiting the little boy's new sibling, she was struck with the idea and pulled over on the side of the road to write it down on a napkin.
 It's time to do the annual renewal of your pet license, both dogs and cats, to comply with the Massachusetts General Laws, Chapter 140, and the Belmont General Bylaws.
 He might be able to buy down a number of units the developer might normally think of as market rate units.
 said he hopes the restaurant will open in the spring.
 O'Neill will then go through the kitchen and take an inventory of what is already there.
 He'll come to your kitchen and cook for you once a week. By Abby Matheson.
 The smaller entrance will be for the middle school grades 7 and 8 or for grades 7 through 9.
 A paper PET license application will also be included with every census mailing to Belmont households during the months of January.
 Jerry Dickhout, president of the Belmont Center Business Association, BCBA, said his group supports the farmers market and thinks it's good for the town.
 The cause of the fire is under investigation.
 I always wanted to get there, but I wasn't sure if I would," said Jet.
 Snow, slush, and ice must be removed from the sidewalk or treated no later than 8 p.m. on the day following the end of the storm event.
 Now on to the talking news.
 inspiring students.
 All alcohol license approved for Wellington by Joanna Kay Zavalas.
 While menu items don't feature calorie counts, they do know which meal options are best for diabetics, contain low sodium, and are heart healthy.
 it would be a linear construction along the pond, further away from the railroad tracks.
 There are areas, such as along the Route 2 access road, where the town does not do the plowing and therefore enforcement is difficult.
 Over the next few months, he and McCormick will look to bring on more chefs to help expand their team.
 which he said is not educationally sound.
 The Joint Public Safety Dispatch received a call shortly after from the Central Station monitoring company reporting an alarm activation. He said upon arrival smoke was visible from inside the common area where the fire alarm panel was located
 This means they must be available to meet with homeowners, architects, and contractors and perform building inspections.
 The Housing Production Plan identifies locations throughout Belmont where development opportunities exist that would help increase affordable housing options.
 Jet tells the story of two siblings, Isabella and Julian, who both love the wind.
 Had these elements not been in the building, the fire would have been much worse," said Frazell.
 There was an average of 27 open spaces at 3pm and 58 open spaces at 5pm.
 However, a mixed-use development is only required to have 10% of its units affordable.
 There were four options being considered for the new high school building.
 Over to you, Bob.
 novel will be available in May.
 According to Gloria Leipzig, co-chairman of the Belmont Housing Trust, Belmont currently has 365 affordable units of housing, which are considered affordable, but 2,400 households that are eligible for affordable housing.
 I came across this story on NPR about chefs for seniors and I thought, wow, this would be just the perfect fit.
 In grade 8 through 12, school would solve the capacity issues at the middle school, but would still require 39 to 48 million in renovations to the elementary schools to solve the capacity issues.
 Thank you, Bob.
 Now here's Max.
 That's a really young guy's game now.
 Unaltered cats and dogs, $37 or $34 if the owner is 60 years or older.
 Originally from Maine, Jett said she would get excited when a character had brown eyes like her, but there were never any with brown skin.
 Locatelli manager, parking regulations hurt.
 It literally took about a half an hour, he said.
 Someone who is making up to 80% of the area median income will be eligible for subsidized units.
 School committee member Tom Caputo said Belmont could make any configuration work.
 Property owners should wait until a storm ends before clearing sidewalks.
 People think of Belmont as the town of homes and don't realize that 35 to 40 percent of residents are renters and about 25 percent of households are eligible for affordable housing.
 Around them, the room transforms into the magical world of Las Brisas.
 This fire was a great example of how important early detection and activation of a single fire sprinkler head resulted in saving a significant amount of property.
 Sidewalks that do not meet this definition are not required to be cleared under the bylaw.
 I am very happy, very relieved that the selectmen were deliberately ready to move it along and get us on our way to build this restaurant and open up," said Damien.
 Suzanne Johannet, president of the Belmont Food Collaborative, which runs the Belmont Farmers Market, said she was disappointed not to have the group's plans for the 2018 season approved at the January 22nd Board of Selectmen meeting.
 Go Patriots!
 If the property remains unclear after the same event, the owner does not receive an additional citation.
 It's fun to cook for people.
 He said 100 new students have been enrolling in the Belmont Public Schools every year since 2011.
 The Office of Community Development enforces the Snow Removal By-law.
 and based upon the guidance of the river management folks at the state.
 I'll give the commission members to hear and folks to be reminded.
 This is a hydrograph and what this is demonstrating is in a pre-development or an undeveloped natural state, you can see when a storm comes along, the river rises, it still might rise fairly quickly.
 I've gotten very efficient at giving this talk.
 And I think what it illustrates is sort of how short our memories are.
 to the other side of the room.
 And that's something that I really like to point to is this isn't just about the ecology of the stream.
 I don't want to call them down and dirty, but you know, ones where, I mean, because literally the way geomorphic studies have been done is you go walk the stream and I've done it with consultants and you go at the pace of about a mile a day to gather, and that's just to gather the data.
 And basically what you see is the river's back where it wants to be, but it's lowered itself.
 Streams are a product of the land, of their watershed.
 By going to the civic clubs, I'm talking to folks who probably wouldn't do that.
 We work with schools.
 It's typically considered to be about a two-year event.
 You guys been doing any work with invasive removal such as Japanese knotweed?
 But they weren't always successful either. But there were people pushing for it.
 they wouldn't necessarily reimburse the step up.
 So they're like, okay, we don't want to get flooded. So what they did was they built a berm there.
 So you can see what's been calculated is sort of what is that belt width.
 And I think in the last two to three years that that has changed quite a bit.
 But if anybody's worked for a small non-profit, you know you're always chasing money.
 They wanted to put houses in the village, so they pushed it over.
 And it's because everybody from the select board to the conservation commission to public works, we've just found this really fertile working relationship there.
 I think it goes back three or four years now where we are working with the town to find any pollutant discharges that were going through the storm water system that should not have been there.
 I'm sorry, Vermont Natural Resources Council.
 So the Friends, we really have work in three different areas, education and outreach, restoration and protection, and monitoring and assessment.
 And going back, thinking about how the river wants to meander, this is the area that it had to meander in before we began to manipulate it.
 So some of the things that define a stream is the valley slope and width.
 So the state is creating systems to incentivize municipalities to adopt more rigorous standards.
 There's a couple sections of the upper Winooski I've been watching that I think are finally starting to stabilize.
 And when you get back down here, I'd ask you to look at this picture versus this one up
 And they can add on a certain amount of money to those things.
 I'm curious to know if any other members of our planning commission are here. Do you hear this? No. It's a little disappointing to me.
 maybe every five, seven, eight years, and they seem to come more and more frequently.
 And a lot of times when you think about the localized flooding, you know, small urban streams, it's a lot of because we've changed that balance.
 But I think I can take questions as we go.
 Do you work for one of the agencies? Yeah, I work for Fish and Wildlife. We've had a great working relationship with Fish and Wildlife working on this passage.
 Abbott Creamery has funded a lot of work in the headwaters.
 Thank you all for coming.
 But this is again what causes us so many problems in big events is when the amount of water can't make it into that pipe, what's it going to do? It's going to take out the road, it's going to take out the culvert.
 Sorry, I got it interchangeable there.
 I honestly don't know the history of the White versus other rivers.
 We want them to provide habitat.
 So we do a lot of different types of projects.
 So I'll just say July and August. But during the drier period of the year, there's a very distinct low flow channel.
 Water runs off of lawn at a very high rate.
 make the observation or maybe ask a question.
 So here we have a stable stream, and we have this nice flat land next to the stream.
 do have to, sort of going back to the discussion we were just having a little bit, is we have to get more people within those areas that are making those decisions to understand that we're going to be facing more and more of this.
 It takes a while, but every project has to be reviewed to see if there's a mitigation opportunity.
 Go ahead.
 So coming back to that diagram we had earlier, this is the same one we were looking at earlier.
 introduce Anne Smith, who is the executive director of the Friends of the Winooski, which is a non-profit group which is focused on education, conservation, and all things targeted towards the Winooski River Basin.
 Another is to improve stream crossings.
 I did work with, well really through the four towns, to put in a grant application to the Lake Champlain Basin Program to do stormwater education.
 This is a really instructive slide, I think.
 A lot of the Minooski's been done.
 We have floods and we have property damage.
 I'm part-time, and we have a part-time project director.
 These are just some closer pictures there of where we've armored banks, we've dredged, and we've really managed the rivers.
 You can no longer afford to protect it, or it just happens too quickly.
 And FEMA actually produced a little film talking about some of the innovative stuff they did, especially in the Rochester area and working with the Forest Service and some other things to really improve the fish passage.
 And I've seen the ones like that, that I think they come down and they sort of have a concrete pad and then it ties into that.
 So we work a lot with individual landowners.
 And basically, the way that works is we go out and we look at stormwater outfalls during dry weather.
 So let's talk a little bit more about how we've impacted our streams.
 And the headwaters go like north, loop around north of Montpelier into a very rural area. I don't know the exact name.
 It talks about everything from rain barrels and cisterns to rain gardens and vegetated swales.
 We're a small group.
 and it naturally wants to meander.
 We've done some fish passage improvements on culverts and bridges, stormwater related projects.
 And I think that's a really good point.
 It was Irene, but the towns, the hilltop towns were affected mostly by the spring event, where we get the big rains.
 We need to protect it.
 Well, they probably did it under the existing geomorphic program if they did it.
 and then the cycle starts all over again.
 And the next version of it is in 1939.
 We've been most active in the portion of the
 And in big events like Irene, the flood of 27, and the smaller localized events, some of which occurred this year, that's where our damage occurs.
 And a lot of our, they may be set this way or they may become this way.
 I've been going around giving this talk.
 But stormwater is an issue everywhere.
 So it's also better from an ecological standpoint.
 It's time to give back, so maybe you can let people know where to send their donations on Communities Day.
 And the power of water has to go somewhere.
 So 1924 really stands out as being very different.
 and we do river cleanups.
 just a little bit about the friends and then a couple other things here and you can just take them
 But where we have opportunities going forward, we need to think about the economics of doing this.
 I don't know if there's been much progress on that.
 And so, but there were a lot of cases.
 Everett, have you had an experience with those? I don't know if I have much to add, because that's not my area.
 Is there a difference between the invasives and the natural vegetation as far as retention capabilities? Is the knotweed better at holding the soil? No, knotweed is terrible at holding soil.
 Mostly we do planting trees and native trees and shrubs
 And this is where you begin to see those really steep, unstable banks. I'm sure all of you have seen them somewhere.
 Is that- is that-? There are some incentives for reimbursement for highway repair related expenses in the case of flooding events.
 You can see it rises very quickly and to a much greater level.
 A lot of it's groundwater infiltration.
 and typically one of two things, well, some of it gets used up by vegetation, but as far as reaching this stream, it either runs off over the surface, or it sinks in to the ground and it gets there slowly via base flow, via groundwater. And the advantages of, and we're gonna come visit this a little bit later,
 So you can see there the relative amount of surface runoff to base flow. And then the one on the right, you can see we've altered the landscape.
 And she is going to be speaking about her brand new publication, Living in Harmony with Dreams, which is a collaboration between her and other folks throughout the state, and particularly the state of Vermont.
 it's gotta be looked at over the long haul.
 So if we have opportunities to protect that dotted area and keep infrastructure out of there, that will allow the river to flood without doing much damage.
 Yeah, thank you.
 We were involved with a lot of that, not quite of those, but more in the upper part of the Winooski. But I know there were concerns in the southern part of the state that they didn't have as much data captured.
 So we come back in and we spend more money.
 Land use, again, where we have put in our towns, our villages, where we've cleared land for agriculture, we've changed the way water runs off the land.
 I work out of my house in Waterbury.
 We have the roads, we have a railroad going over, and if we want to maintain these roads where they are, you can bet they're going to be armoring and fixing that bank for a long, long time to come.
 and then that's buried a certain amount below the ground.
 So we're very dependent upon willing landowners who, with or without compensation through a state or federal program, would be willing to give up some of their property.
 It's not the traditional inundation flooding, although that certainly does happen, but it's where infrastructure gets overwhelmed.
 And I think our congressional delegation actually provided some assistance in that area. Because it's just so obvious that you do need to have a bigger culvert and not to upgrade when you need to and not back the towns in doing that and back the state.
 It is in cab.
 As I mentioned, that's the major project we've done here in Richmond.
 water that runs over the ground, particularly if it's agricultural or urban or lawn, it's going to pick up a lot of pollutants and a lot of sediments on its way to the streams.
 And in a unimpacted state, meaning that we're not clearing land or building around it, the stream is moving, but it's going to move generally in a slow and a pretty predictable manner.
 We've done a couple of, we've done smaller projects like rain barrels and rain gardens.
 Basically, what it is is techniques that you can use around your home or another smaller property to manage stormwater.
 One of the things that we like to do is similar to the project that Rebecca talked about among the four towns is we really work in collaboration.
 So we spend money to protect it.
 Yeah, I know.
 was in the spring. Yeah, yeah. When the lake was no, but no, it was no, it wasn't. It was
 That was pretty straight.
 Yes they did.
 What we're hopefully starting to get a little bit better about is on the encroachment side and just learning that we can save ourselves a lot of trouble, a lot of money, and make the rivers a lot happier if we stay out of their way where there are opportunities to do so.
 It is our goal to be a friend to the entire Winooski watershed.
 because this is where we really get ourselves in conflict.
 under stormwater permits.
 These also present significant problems from an aquatic organism, a fish passage standpoint.
 This may be my eighth or ninth one that I've given.
 And the other thing for this, from a fish standpoint, that's a natural bottom. And that's going to be a natural flow.
 In that vein, you might point out that tomorrow is Giving Tuesday, which is the new national holiday after Black Friday, Small Business Saturday, Cyber Monday, and now it's Giving Tuesday.
 So it's going to stay contained in the channel.
 We do have a copy of, this is the publication that this is based on.
 not naive enough to think we're going to take all our infrastructure, all our towns out of our valleys.
 And that was because the river was straightened.
 So getting to really the, and I have a publication here I'm just going to hang on to, and I've got some other things over there that people can pick up after the presentation.
 So that's what I heard a lot of. I didn't have a lot of direct contact with FEMA, but when I talked with people in different agencies and representatives in different towns, some of it came down to who they were dealing with in FEMA.
 and to some extent the folks that I work with from the US Fish and Wildlife Service to evaluate what's the best option for a given stream.
 was pre-Irene and Irene both fortunately and unfortunately was a great seller of the importance of protecting fluvial erosion hazards.
 So what it's going to do here, since it can't get out and dissipate that energy, it's going to start digging down.
 And there was some discussion that there would be incentives tied to towns that adopted certain standards.
 It's very shallow rooted.
 We've had one project where we did do bank grading.
 In fact, most of them don't.
 And one is, it rains or the snow melts.
 And again, that's the kind of, you know, when we see damage to our infrastructure.
 And one thing, you know, with any event like Irene, you know, opportunities come. And I know there's been a lot of movement by V-Trans to better size the infrastructure. And a lot of towns have, and I have no idea about any of the towns here, have begun to adopt, you know, these higher standards for when they do replace infrastructure, that they're going to replace it with something that is better sized to the stream.
 a couple of years ago. I'm sorry? Regional Planning Commission came a couple of years ago and talked about food.
 We have to ask, what are we gonna require of landowners, whether they're farmers, developers, smaller landowners? What are we gonna pay for from public funds? Are we gonna incentivize people? Are we gonna require farmers to put buffers in? Or are we gonna incentivize them to do that? And where are we gonna get that money from? And then what are we gonna do voluntarily? Is education enough?
 But it peaks out much, much lower.
 When Rebecca said it was going to be scheduled from 6 to 7.30, I'm like, I don't know what I'm going to talk about for an hour and a half.
 Does anybody know the body of water that it comes out of?
 And basically the river has been moved over to one side of its valley and we're containing it there.
 So let's talk a little bit about how streams work.
 So there needs to be a way.
 You know, it's had to work its way down and re-stabilize at a lower level.
 In education, we do a variety of things from talks like this.
 And that's the flow that occurs with enough frequency that when you look at a river and you think about, well, there's the bed and the banks, that's the flow.
 The downside is I usually have no more than a half an hour, and sometimes less than that.
 Part of those problems, as I understand, came from the way FEMA reimburses, is they would reimburse what was there.
 And then they were getting flooded.
 We do invasive management on sites where we're doing riparian restoration, and we don't go in necessarily with the intent that we're going to eradicate something that's there.
 It only makes sense that you repair it once instead of having to repair it multiple times.
 And there was sort of this sense of this between the two agencies.
 I've also gotten some private foundation funding through Green Mountain Coffee Roasters.
 Where does the river want to move? And then the further line out is the toe or the edge of the valley.
 We did do an outfall monitoring project here in Richmond.
 So the white more than others I don't know, could be.
 So we sort of find project after project to work on in Northfield.
 Feel free.
 And I think most everybody knows where it enters the Lake Champlain, which is under the bike bridge separating Burlington and Colchester.
 So what you know is this lighter shaded area is the flatter area of the valley.
 I think one of the handicaps is what they call the fallovial erosion hazard zones are based upon having done geomorphic studies which are very, very time intensive.
 But this is something that's going to take a lot of years and limiting impacts to what's happening there.
 And then when it gets down to the river valleys, the broader valleys, it's going to start to spread out and meander.
 So now what you can see is the river is starting to sort of shift and move again.
 And there's a whole, it's called hazard mitigation, and there's a formula to that.
 I think our planning commission here in Richmond is working on flood zone regulations, has been for a while.
 that these streams are going to rise very rapidly.
 And the other opportunity that I have is to tell you a little bit more about what the Friends does, which I usually sort of skip and jump into the meat of things.
 I don't know what the average works out to be.
 I do have some publications.
 I would also say that really there's been a really good working relationship in the past decade with various departments in those agencies.
 Our biggest sources for plant material are in the headwaters.
 We've manipulated really a lot of our rivers.
 But we also ask them to work for us.
 And at this low flow condition, it can narrow itself down and make it into that pipe.
 work with both of them.
 So you can see we've really shifted that balance between what runs off and what makes it into the ground and gets to the river slowly.
 Marie, who's here, her and her crew have made us breakfast when we've come through Richmond on our paddling trip.
 course, our summers have become anything but predictable.
 And we need to turn things around pretty quickly.
 That's good to hear.
 And so the application went in, and I think it's February before we find out.
 So if you talk with river scientists, you'll hear them talk a lot about the channel evolution model.
 One area that we spend a lot of time on is improving riparian buffers.
 photo in the upper right is the same one I showed you earlier, which was a round concrete undersized culvert. A lot of movement towards, I mean bridges are ideal, but bridges are expensive.
 Again, it's this idea of what I call it rural stormwater, but the idea that it's not just Burlington and the greater Burlington area, but we need to look at village centers.
 roots aren't very deep.
 Thanks, Rebecca. Well, I appreciate everybody coming out tonight.
 In the monitoring and assessment area, we do water quality monitoring.
 You gotta look at this at the long haul.
 So that's really where we've put a lot of our communities, our industry, our agriculture,
 And then we hire people as we need to.
 Another really chronic problem that we have is we have undersized our stream crossings.
 didn't necessarily have that data at hand.
 We certainly do armoring of banks where we have infrastructure to protect.
 There may be certain sectors within V-Trans that maybe hadn't completely bought in, but I know planning had bought in.
 a deep or woody deep rooted vegetation holds and absorbs water.
 And if you were to go up to Plainfield or Marshfield or Berry and ask them, you know, what was the worst flood event of 2011, it wasn't Irene.
 And then we work with the Chittenden County Stream Team on some of the small urban streams in the Burlington, South Burlington, Williston, Essex area.
 The advantage of the water sinking into the ground is several fold.
 There's a variety of structures as I understand it.
 That is one huge difference between the Winooski and the White, is that there is a lot of state and federally owned land in the White.
 So in this case, the house topples in.
 If you've got steep bedrock, narrow confined valleys, you're going to have a different stream than one down in the inner veil.
 And you have other states like New Hampshire.
 I would point out one thing interesting is that this area was, Richmond was actually affected most severely by the inundation events.
 So let's put it over to the side. And then when you get a really big event like the flood of 27 or Irene or some of the more localized floods that we've had over the years, the river is going to go back to what it naturally wants to do.
 restoration and protection. We do a lot of riparian restoration work, tree planting.
 I know they're looking to reprint this once we can give these all away, and I told them, you've got to have a catchier title than that.
 I always say if you put your thumb on Montpelier and sort of drew more than a half circle, but the North Branch, the Kingsbury, the upper Winooski, the Stevens, and the Dog River. And we've had a couple big projects in Essex and Williston.
 So you can also look here, and this I believe is in the Lamoille.
 But the image I have there is really true of any river system.
 So it's variety of sources. And then broader for the organization.
 And I usually focus on the lower one, the White River.
 I know that was one of the concerns
 And what this is showing here is the gray line is the river. The dotted area here, it's called the falluvial erosion hazard zone because I took this out of a state document. But that's that area that the river wants to meander.
 One of the more frustrating things I saw post Irene, I was out at a site and a culvert had gotten blown out and the old culvert was laying about 40 feet away and
 Question in the back there.
 because if you commit yourself to eradication, it's sort of beyond our means to be perfectly honest.
 And then we get into the flood prone width and of course what people associate with floods and FEMA and flood insurance, the flood plain which is the hundred year flood plain.
 So managing stormwater is another area.
 He has this video that's just very hard to watch of trout trying to get, throwing themselves up against a cover to get through.
 The downside, the other thing with going to like the civic clubs is all of you self-selected to come out on a chilly December evening to hear a talk about rivers.
 And I think that's why a lot of things did get done that way, as well as with the Forest Service.
 And normally a bridge would just be totally outside the budget. And they can carry a fire truck because they can carry a logging truck.
 This is a publication by the state. It has, I think, a horrible name.
 And then looking forward from 1939, you can see the river is moving and changing, but it's sort of staying in the same pattern.
 The biggest one closest to here is we did a bioretentionary in front of the Essex Elementary School that was installed earlier this year.
 Any discharge that's coming out of a storm water outfall in dry weather is automatically suspect.
 So this may seem like a silly question, but let's talk about how water gets to a stream.
 And eventually, you start to get the erosional damage.
 on that question.
 Sorry.
 Good.
 We did do that project here in Richmond.
 In a developed environment where you've got a lot of hard surfaces where the water's going to run off very quickly,
 I also think, I went and put a few slides back in today knowing I had the luxury of time.
 Right size and culverts
 So I think that will be coming soon because chapter 117 does require town plans to now have a fluid erosion section, planning section.
 And this is one of the hardest things in dealing with landowners.
 So some of these photos here you may be familiar with. I think this is somewhere in the Lamoille River.
 I don't think it was as bad after Irene as it was after previous floods, but there's a lot of stuff that got replaced at the same size.
 There needs to be a faster way to get to that information.
 They're incising and they're widening.
 It starts at Coit's Pond, which is a beautiful little spot. Coit's Pond, which is one of those, I can get there, but I can't tell you how you do it. You go to Cabot Village and then you sort of go off that direction. But it's a beautiful little spot.
 This is also about economics and how much money we're going to continue to spend to try to lock our rivers in place.
 However, we always want to work in partnership.
 That's what those little black marks are.
 That's it, I don't know if there's any questions or?
 And Irene in FEMA, the environmental section, was pushing very hard to get these fish passages through and to work with the agencies to get this.
 But we do always try to work in partnership at a smaller scale, because people relate to the Dog River, the North Branch, they don't necessarily relate to the Winooski as a whole.
 And then there's what's called bankful, which is a really important term within the river science.
 And one of the things that's really been recognized I think more recently is what I call rural stormwater, which is coming out of village centers, coming out of developed land,
 I mean you can just see it moving around. And what I speculate, just sort of looking at it there and looking at it upstream, is it got pushed over.
 Greg, one of the places we're really most active now is in Northfield.
 But I think we did learn a great deal.
 to get some funding through the state.
 And you can see the river looks dramatically different.
 I know the state was looking at a way to do, you know, sort of quicker.
 So we've sort of got ourselves in this cycle where we've put infrastructure next to our
 And this diagram is really very, very typical of a Vermont stream or watershed.
 And that followed up again this past year with similar events where we were getting
 Let's go ahead to the next slide.
 I'm sorry, I didn't catch your name. Who's going to help me with the job?
 And now what you see, we've done there, and this is pretty typical, and you see it on 89 between Burlington and Montpelier.
 And this is another way to think about, did I hear someone ask, okay, I thought I heard someone asking a question.
 One question I always like to ask is, does anybody know where the Winooski River starts? It starts in Cabot. In Cabot.
 I think this group here is pretty conscious of things, but the only thing that was unusual about Irene was how widespread it was.
 we were talking about the white, the Tweed is a tributary of the white and that's the topographical map that you see.
 We're looking at, for one structure we are hoping to replace in Marshfield, we're actually looking at a prefab bridge.
 So it's just a matter of how fast and how well versed the FEMA representative is in those things.
 Well, in all fairness, they may have heard this from the Regional Planning Commission.
 you talking about post Irene or just in general? That's a good question, Marie.
 From a recreational and aesthetic standpoint, we want to paddle, fish, you know, just relax along there.
 areas.
 And I think that there is a lot more cooperation between them.
 So we're getting erosion events.
 Precipitation patterns are changing.
 So it's just, you know, it's taking a long time.
 It's also really nice to live next to water.
 We've been doing a lot with stormwater, actually going out and meeting with landowners and talking about issues there.
 So here's another way to look at rivers.
 and then it goes down. And this is the discharge, so this is your flow over here.
 So I think we can take this at a leisurely place.
 So these are things that we can do to get ourselves out of this cycle. But we do have to ask ourselves, I think, some really hard questions.
 And we've done over the years a lot of geomorphic assessments, which is a study of the physical conditions and processes of the river.
 And that gets real expensive, real fast.
 In many cases, sometimes the towns don't understand that and they think they're just going to replace what's there. But they actually have provisions for right sizing. There's a lot of details involved, but if the town has adopted the codes and standards so that they would, if they were doing it themselves, they would upgrade it to the right size and FEMA will pay for that upsizing.
 So it's an important component and one that I think towns are going to be looking at. For no other reason than it's a requirement in the town plan.
 So towns can really adopt it on a stream level.
 And I know from doing a lot of the geomorphic assessments in the Winooski, we have a lot of rivers that are in these stages here.
 I like this picture because first of all, if you're familiar with it, you know it's basically taken from I-89. And it's looking back at the railroad and then of course the hydro dam. And then that's Montpelier over there on the far side.
 And it always happens.
 And the one thing I do want to say to this group here is, like I said, we haven't been active in this part of the watershed.
 And when it leaves Coit's Pond, it's about this wide.
 And now we've certainly committed ourselves in some ways.
 So there's one last slide that I'll just let you read yourselves.
 the environmental section, environmental planning, and maybe some of the structural engineers hadn't completely bought in yet.
 So now the water can't get out and onto the floodplain where it slows down, it loses its energy.
 Josh, could you go ahead and...
 And this is what's called the channel forming flow.
 Dirt roads have been recognized as a significant source of erosion and sedimentation.
 I've found as I walk around, I visited a landowner up in Cabot talking to him about doing riparian restoration and the river behind his house and the adjacent properties is really what we call unstable.
 So if there's a project that, you know, any of you, and I don't know what organizations you might represent or if you thought giving this talk somewhere else would be good, you know, get in contact with me because, you know, where we have a partner and can work with somebody, that's a big boost to us.
 I remember sitting in meetings and we were talking more about fish passage and I was there with the state Fish and Wildlife Department and V-Trans and
 If we can get certain agreements from the landowner, we can get money through US Fish and Wildlife.
 I think most people know what happened.
 It starts up in steep areas that are most often still heavily wooded. And they come down, and you can see it's coming down very straight.
 big rain events in our hilltop towns.
 And I know I've sort of lost track of this.
 Go ahead.
 Josh is going to help me move this forward so I'm not walking back and forth.
 We've put roads in, we've put railroads in.
 And the term that river sciences use is they refer to the river as being in dynamic equilibrium.
 If you look carefully at the dates on that map, you can see that there's a damaging flood event.
 I'm just going to reach over here a little bit. But I think most people here probably know how to read topographical maps.
 And it's also why we're also going to have potentially more drought and low flow conditions during dry periods because water is not making it in to the aquifer and getting to the river slowly.
 So the Friends are dedicated to the restoration and the protection of the Winooski River watershed.
 And I think initially there was some resistance with FEMA to support paying for some of the upsize culverts, but
 There may have been other sources of this information. I don't know.
 A lot of that, or some of that, those newer approaches were pioneered by, I believe, the Forest Service.
 Thank you so much, Natalie.
 a lot of dredging there, a lot of work that the farmers did. It's a white-dirt partnership now that's trying to help it recover. People putting in berms and people dredging out gravel and people doing the same thing.
 So anyway, getting to living in harmony with streams, we really ask a lot of our rivers,
 So that's very heartening to see that.
 And I think that's a good point.
 So somebody built their house there.
 And so it's something that we really need to think about.
 And ever since James Lee Witt was the head of FEMA back in the Clinton era, they've been pushing more hazard mitigation so that you don't have to repair things over and over and over again.
 do on water programs.
 in this cross-section look. The low flow channel, that's where you'd see your typical July-August flows.
 a lot of these bottomless culvert designs that you can see this is much better sized to the size of the stream that we want to send through it.
 We need to look at runoff from private properties in more spread out settings.
 Let's go ahead and go on.
 We actually have three programs active, one in the headwaters, one that we call the Four Rivers, which is really Barrymont, Peelier.
 You know, when I go out and talk to landowners and they're like, oh yeah, we want to get trees because we're losing land. We're not going to solve that problem in the next few years.
 So we've put in some hard surfaces. There's lawn, which lawn is typically very compacted.
 Let's give her your full attention. Thank you.
 And we don't cover the entire watershed.
 So if you look at the photo here, you can really visualize how wide that stream is.
 If you think about where is the flatland in Vermont, it's all in the river valleys.
 going back at least almost 10 years ago.
 We're going to talk more about that later, and that reduces erosion.
 So even if towns wanted to create these zones, they didn't necessarily have, I mean they could still create an exclusion zone, but whether or not it was sort of based on the science of understanding what the river was going to do, they didn't necessarily have.
 We do some dredging, berming.
 It was the end of May.
 We've done stormwater outfall monitoring.
 One, it decreases localized flooding because it goes into the ground and it's also purified that way.
 say it was bought out, and nothing was put in its place.
 the bottomless culvert. Do you know anything about the construction of that? Is there a footing under the edges of the metal?
 of the land in the Winooski is private land.
 So what kind of soils do you have? Are they permeable? Are they very erodible? So forth. And then two things that we've really greatly impacted are land use and vegetation.
 are also adopting standards for fish passage and other things.
 So it was in, let's see, 2011.
 And then this is something that was just produced by the Vermont River Conservancy, which is really a series of essays on different aspects of river management and understanding rivers.
 river was put there.
 And that's really the focus of the presentation tonight is to talk about those physical processes.
 That's an interesting question. I may try to follow up on that.
 To be honest, standing here in Richmond tonight, it's not one of the areas that we've been most active in.
 You can really see how that river is confined in there.
 Richmond also had maps done, fluvial erosion maps done at that time.
 So we do have opportunities, and one is to protect corridors where that opportunity still exists.
 And we do fundraising from individuals, from businesses.
 And you can see this was the river in 19...
 But what we're trying to do, since we're trying to reestablish native vegetation, is we're trying to keep the invasives at bay until our vegetation can get established.
 And it had been replaced with exactly the same size culvert.
 I'm sorry.
 If you look at the one on the lower, your right, I mean if you were a fish and you were trying to move upstream, would you want to encounter that? If you guys are ever looking for another very good speaker, Rich Kern, who's a fish biologist for fish and wildlife.
 A lot of them are very intentionally targeted going to civic organizations, like particularly a lot of rotary clubs, because they have established meetings and they're looking for speakers and it's really easy for me to get there.
 Let's go ahead.
 And I think one of the, you know, there's a lot of focus on stormwater in the greater Burlington area, St. Albans, Rutland, because those are regulated areas.
 And yet going back to your comment about FEMA. But there are some people in FEMA that were pushing for that, for pushing for it to, but all parts of FEMA don't always talk to all the other.
 So usually, to be honest, where we've done fish pass it, well not usually, always, we hire an engineer. And I rely on them.
 The big event that happened between 24 and 39 was the flood of 1927.
 We've done a couple larger bioretention areas.
 called Vermont Low Impact Development Guide for Residential and Small Sites.
 doesn't necessarily end up being a problem.
 and there's really two main pathways.
 So we do try to manage it on those sites so that what we've planted isn't going to get out-competed by what's there.
 We work on, and we all need to work on, is better managing stormwater.
 Most flood damage in Vermont is erosional damage.
 I'm not an insurance lawyer by any stretch of the imagination, but what I understand from talking to Mike Norrick in particular, but also some other people, is basically the following.
 I'm not saying you operate without insurance.
 We're starting to get off the top of it.
 I'm not posting nothing tonight.
 We licensed events at the stadium, and we had the motion attached to it that if insurance coverage was not, I mean, if the insurance issue was not clear,
 And so yesterday was really the first time when we were able to have our insurance consultant go out there and touch the bases and really try to get what we had previously discussed 60 days ago into a more formal position.
 there are a lot of them.
 We are trying our best to make this happen
 And they each had a slightly different variant.
 who the heck's going to be here that day.
 this.
 Well, no, I'm just trying to figure out what type of numbers we're talking about.
 for extending the conditions.
 very, very more time. It's one event, the most under custody event of them all, right? There's Harlini custody, Adam.
 six and 12.
 Can we go in the direction of having the two separate policies, stadium definition, town definition?
 When you have a $50,000 wrongful event coverage, you're not ever looking at millions of dollars of exposure.
 I'm calling the town manager right now under the bus.
 And hopefully that'll be at least helpful as far as schedules are concerned. That's the best I can do.
 never any issues got us.
 You're asking us to do something you don't accept.
 lot more people than just the board.
 to force somebody that said they don't want to do it to hold their own, to put money up
 So at this point in time, I think that you're right that you did require us to obtain insurance and you set it forth in the terms and conditions that were attached to the license.
 don't run into court this week and say unlawful condition. They say, will it
 document that comes with the applications from the stadium for the license, the certificate of liability.
 And I think that's a good thing.
 more like 60 days.
 But when you're trying to calculate, and I think you're absolutely right that that's the question.
 You can let it go for the $50,000 deductible for just those events. Well, this buys you time, frees up everybody for 21 days basically, and I think it's a good
 they do. Over 350 people you need to have a police teacher. But other times they don't.
 And our policy does not, as far as I know, does not go that far.
 but I think that's against the law.
 We collectively don't want to be in a crisis situation.
 The person who is wrongly placed into protective custody has a potential claim for you.
 We found three companies and they were willing to do something and it seemed like each of them offered something that could be interesting to us collectively.
 With that information, I came back to the group and we started talking about other ways of resolving this issue.
 further along, but we're not there yet.
 So you know, I just...
 to the third. So making a motion to extend it to the third, midnight the third, that
 We're a municipality.
 If we can't address it, then we won't. But give us the opportunity to do so.
 And, you know, to be fair, Dick and I have a difference of opinion about why the Red Sox and the Bruins and Celtics operate one way, and we are being asked it. And, you know, I truly like and respect Dick, so I don't want to suggest otherwise. But they don't provide insurance.
 It's also undeniable that if he had, we would have had this resolved a long time ago.
 to stop on the line for the record names please.
 No, the only other thing that, and this is, I think Dick alluded to this, but when we were here last, we got that, there was the issue of that letter that was accomplished the following morning and sent to Mr. Cobury so that that could be accomplished.
 appreciate that that can be, you know, for the catastrophic loss, a better protection for someone, an insured like the town of Foxborough. I think
 I appreciate that.
 We think that what's been going on here is that you're looking for additional coverage because of the change in deductible from the MIA policy.
 What is the action that the board is taking tonight? None.
 And I do really like your idea, Senator McGrew, that if you wouldn't mind having some contingent dates available to us, we'll keep you informed.
 I just don't see that as a big issue with that for that one event.
 Everybody sitting at this table, Deb, is trying to circumvent the bylaws, the laws of the town, and it's not working out.
 You don't, you know... Let's set it for five. But can you give us a... If you're not in status quo, you're not going to be prepared for the meeting. We'll just... No, but I don't want to go in coming back on the third without having an understanding of what direction you might be thinking of going.
 But I think the alternatives that we will be able to get will show you that spectrum and you'll be able to choose where on the risk premium spectrum you want to be.
 We would have decided upon a particular insurance course of action and we would never have the crisis that we have right now.
 so it's sequential, I can't.
 Is there any reason why we wouldn't? Mark, can I suggest that's a totally different topic. We've got a short window to get this thing resolved.
 What's the date of the forum?
 sure whether there is a mechanism, but I have heard of insurers that have said there is a per person deductible, but up to a maximum deductible.
 All right, yeah.
 I'll tell you that well before and you can cancel the third.
 What I'd like to do, if it's okay with you, is I will call Mike first thing tomorrow morning and run this new schedule by him.
 Unfortunately, we can't do that.
 But it only is for so long as we can get ourselves the kind of policy that we should have gotten before tonight.
 I
 So at the end of this exercise, they don't get the permit.
 Does it have to be recorded? No, it doesn't have to.
 And we spent, and when I say we, Dan, John Davis, Cindy, Dick and I started working on this back in December. And spent a lot of time in December, January, February working out a new form of indemnification agreement, which we were able to do.
 So since we have to go this other route in terms of cost, now for this new policy, I'm thinking that the delta in our original policy, which covered us before, we now have a new cost. Whatever the delta is, subtract that from the new cost.
 Okay? And it's got to be in writing.
 I've already asked and been told not those questions.
 with an issue after the fact because they've already said no.
 that to me would exclude actions of the police, the Foxborough police.
 What I'm saying to you is there may not be such a thing.
 Thank you.
 and I, uh, I really...
 So starting in early March, we started really working pretty hard to figure out what we could do to improve that.
 You had mentioned that the insurance company mentioned that they would prefer to have one policy.
 Correct me if I'm wrong, but if the Maya policy will be in effect, however,
 Okay, I just wasn't clear.
 No, I'm not asking to sell insurance.
 I get you on that, sure. And all I have to do is draft that.
 what you guys talked about in the 10 minutes, but if you're fairly confident that you can get from there to there to the third, expedite a little bit, work on a Saturday, Sunday, whatever you gotta do, and we'll wrap this up on the second.
 I mean, I can't speak for Maya, that's just my guess.
 So I'm not quite sure how many, when they say 2,700, I'm not quite sure how many events they're talking about.
 if it's furious that I'm here. But I'm here and he's not.
 of the craft group.
 Everybody can make all the little phone calls they want.
 We've been trying to do that for over six months.
 The town hall's open, Rainey.
 I think we stand back and say we gave them the application contingent upon an insurance agreement that was worked out.
 It's not so much us failing to obtain the coverage that we can reasonably obtain.
 Another way to address this issue is for you to lessen the police detail requirement at that event.
 decision to make a motion tonight to have them have an alternative in place because we're not going to reconvene for some other
 I understand Kevin's not here, the meeting that we were at.
 Well, if we're dealing with it right now, because it's. Mark, one suggestion I have in terms of trying to get us to the fifth is.
 available by phone or by... It's not allowed by our bylaws anyway, so. They didn't adopt that provision, you know, for the open meeting.
 We have that type of coverage and it's routinely extended to our additional insurers.
 So where is steel made? It's business.
 I don't think so.
 So what you're asking, I understand. That's something that we've all thought about.
 We asked for it a number of times, including by email, including in meetings.
 I'm not sure.
 I will send Dick Gellerman the emails that I have and hopefully he'll provide them with you.
 talking about the deductible now in a way that's reasonably reflective of what it would cost us on one side for the town and secondly what it would cost us because of the stadium.
 And I think it's really not fair to throw Kevin under the bus like this and not have him be present to explain why there was a delay.
 questions from the board? Just so I can look at the schedule, the event on the 6th is what? That's the first Revolution game? Yes. That's a Saturday.
 You know, we've got this.
 I see John raising his hand. I've not spoken with Mr. Nork, your consultant, but if the crafts have civil rights coverage, because they have civil rights exposure, so I assume the craft organization would have civil rights coverage, is there
 I heard Mr. Colbree say that they weren't allowed to purchase insurance for them on the town's behalf.
 I anticipated a meeting on the 5th, but you can still have a meeting on the 3rd.
 if I may jump in.
 We cannot, you know, I said earlier that our consultant has gone out there and tried to find any way possible for us to buy law enforcement professional liability insurance on your police force and we cannot.
 So I was pretty emphatic that we really needed to get something pretty quickly.
 All you're going to do is cover the deductible in writing for that one event. It gives everybody almost three weeks to get through this. I don't think it's a lot to ask.
 I think that's fine.
 Any conditions of said application approvals remain in full force in effect.
 And then once again, we'll have about 35 grievances on our table on Monday morning.
 I don't think anyone wants that to happen.
 I want this to anybody having any conversations with anybody but the law and the attorney.
 You alright?
 shows up on that certificate, I don't know.
 A thought is that we continue to disagree about that issue. I hope it doesn't happen.
 It states that the chief of police, Foxboro chief of police is in charge of public safety in town, excluding State Highway.
 It's going to require a little bit of luck and a lot more hard work from this group and from Mike Norick.
 And our insurance consultant, a gentleman named Mike Norick, he went ahead and contacted our insurer.
 You have been exposed to much more money than that, and whatever you do, you're going to have some exposure for a deductible for an insurance policy.
 Yeah, makes sense.
 I think we did it up pretty good here.
 strong and powerful.
 The net effect cost-wise is hard to calculate at this point.
 I just have a couple questions trying to understand the current insurance setup.
 know to get to whether it makes more sense, frankly, to eliminate the Maya law enforcement policy entirely or have it as excess law enforcement coverage over whatever the other
 I'm not suggesting that, that's not a recommendation.
 The other issue is, if you recall, the events that we permitted are contingent upon an indemnification agreement being reached by June 30th.
 Another way to do it, and I actually have a copy of the policy here that's also in place in Massachusetts and used by a lot of municipalities, is to do it on a per-runful event basis.
 That happens a lot. Other license holders, like liquor license holders in town, don't always have to have police details at their bars.
 realize July 3rd is...
 And we are facilitating, in essence. We are really trying hard to find insurance for your police detail so that you can have an acceptable level of risk for the events we hold at the stadium.
 I'm going on Friday.
 And that's some kind of doing.
 It only has to be seven people and then we're ahead of the game. I think I understand where you're coming from and just trying to keep the town whole in terms of, you know, we were existing at a $7,500 deductible because of a certain policy that we had and now because of a changed situation. We're all aware now of a situation that existed for a long time.
 What it doesn't do is cover you for tax and omissions that your employees or your agents, people that we don't control, would result in.
 We're not willing to take that risk. You're not either.
 That's against the law.
 for the new coverage starting July 1st.
 But isn't, are you posting a hearing for? The other thing we do, we do have a hearing.
 Because you're interrupting everybody's family's lives here and it's becoming troublesome.
 if we gave everybody until the 3rd, the outcome is still potentially the same depending on what happens. We will not compromise on the $50,000 deductible and we will have to. And then we have a two-hour meeting. So then on the 3rd, you know, hopefully doing it on the 3rd potentially gives time to work it out so that we don't get to that point.
 I'm simply trying to help him. Well, I am too.
 So the next approach was for our insurance consultant to try to identify opportunities for a town purchased law enforcement professional liability insurance policy, or I'm sorry, for us to purchase a law enforcement professional insurance liability covering the activities of the town police force.
 I think that's a good point.
 And the time manager followed the big process.
 I know that Selectman DeVellis was also in a meeting with me.
 We will do this in a way that does not require a procurement by the town.
 I can guarantee you right now nothing will come out of it.
 I'm wondering if they can discuss this with their entire organization and come back to see if it's palatable. They can go discuss this right now and take five minutes to discuss it.
 going to focus for the next hour on whose fault it was. This is a little bit of uncharted territory.
 be here. I think everybody here is a must.
 professional liabilities have wrongful events limits and I can
 Right, right.
 When we finished that, we turned our attention to the insurance protocol.
 And maybe that's the good thing that will come out of all of this is that we'll have accomplished that.
 I asked them if they would consider imposing the $50,000 deductible only for concerts as opposed to soccer events on the theory that soccer is relatively benign in terms of crowd behavior. They declined to do that.
 I'm just kidding.
 You do have the issue of, you've got a condition that expires on
 We have a room, we don't know. We're saying the FCA would be able to be ready for us until 6.30.
 then the town of Foxborough has the right to take back that license and not have, you know, not
 I just want a motion.
 reason to go to July 3rd is we hope we'll hopefully have more concrete information about the type of policy.
 One might argue that it's more responsible to have a $50,000 deductible than $7,500 if it's for a short period of time and we can go to an occurrence basis.
 from the previous? This was part of the application that we said we would license subject to if we have. Oh no, I understood. Part of the civil rights was that on there before and it got taken away? Is that what you're saying? I didn't see it there before.
 Let me say, I know we're all working hard, but we're getting paid for it.
 Fourth of July holiday would be
 You just have to be aware of the time.
 So municipalities that have a concern about overall exposure, as you just expressed, they like to go for the per wrongful event where you have a cap. And then they decide how much of a premium tolerance they have, and they decide whether to buy a $25,000 cap or a $50,000 cap.
 It's a picture I guess.
 You're saying if you don't have nothing together by Monday or Tuesday, you're not going to ask us to reconvene.
 It doesn't seem like a lot to ask of me.
 Well, I'll be fine.
 I mean, there's nothing they can do about the dates.
 And there are a lot of different ways to buy the insurance.
 and that's fine. We're ha
 Is it enforceable? No, they can just not accept it.
 We've done it before at Christmas.
 procurement and compliance with bylaws.
 Chesney, August 23rd and 24th, 2013.
 So we sent you a new certificate to show that we have insurance coverage effective July 1st.
 to accept it, not file any litigation today over it, but accept that with the understanding that in the event that that does occur, they reserve their rights to challenge that provision. That's a
 Okay.
 because of the public.
 We talked to the Red Sox.
 I think all of us were quite proactive and really mindful of the deadline and trying to make sure that it didn't become a crisis.
 Mike approached a number of insurance companies, all of whom said basically the same thing.
 And one of the conditions that you imposed was that a police detail take effect.
 I mean, I understand the inconvenience.
 But this is a big enough issue that I think we need to go a few days to give them an opportunity to work on.
 The problem being that right now we can't tell you if the Meyer policy is effective, whether or not you're going to be exposed to the $50,000 deductible.
 We've spoken about individual claims versus claims in aggregate.
 to tell you what I'm thinking when I don't know the conversation that's going to come forward.
 the account was at that kind of a liability risk and this just came about because of the Dutton-Wellner case. Why would ever we want to proceed in the future even with that policy if there was going to be a chance that we could have a class-action lawsuit down the road at a thousand people times seventy five hundred bucks to the point of seven point five million dollars and the revenue stream that we receive per year at that at two
 But the one bit of good news from my, and that came in a phone call copied by email today, is that the $50,000 deductible is applicable only to stadium events. It's not applicable town-wide.
 Okay, thank you.
 potential impact is hugely different on the town.
 In order to avoid the exposure of $50,000 per car,
 if I may.
 the first if it doesn't work then the event has to be canceled because we have not come up with an agreeable indemnification clause that the town had said that's okay.
 To be clear, there will be litigation. We will be seeing what's going to happen here. We're going to be in court next week if we can.
 If you will.
 He worked very hard. Late today he sent me an email and I don't know all the details of it yet, but he thinks that he will be able to get some proposals before the 4th of July and that we will be able to present them to you and hopefully get your approval so that we can have a policy bound before the revolution game. But I want to emphasize that it's unfortunate it came down to this last minute crisis. It really is.
 We're going to ask the board, after all of the presentations, to consider putting over your decision on conditions of the license until July
 I don't have that kind of woman now.
 What happened?
 Okay. Okay. Well, looks like we're out of steel man. Anybody else got any?
 under provisions of emergency.
 we'll go in that direction.
 This gives them more time.
 It's really pretty small, yeah.
 It's a very uneventful event.
 Is that what we're saying? If the town is purchasing it.
 We talked about that, but we did talk about it.
 Quite frankly, the insurance companies came back and said they'd prefer to have one policy covering the town as opposed to two policies.
 It's not our responsibility if you think about it for a moment here.
 if not before that, and probably tomorrow morning.
 We are insured.
 what I'm saying to you, we can make the motion tonight to back up what I've said 15 times about now to allow them to proceed and have the event if they will take on the deductible. If they don't want to accept that at that point in time, because you're going to make the board reconvene one way or another for
 The applicant shall provide insurance not later than July 5, 2013 in a form satisfactory to this board.
 Over the past six months, I've actually had the opportunity to learn a lot more about this particular type of insurance than I ever had any interest in learning.
 simply cannot do it. It's just impossible.
 And at that meeting, Kevin told me that he would, that he understood the deadline, understood how important it was to get the authorization letter.
 But I think that we are on the cusp of getting it resolved.
 So step number one was to find out if we could change our general liability insurance policy to extend the coverage to include your employees, the police officers in this case.
 Wow. I'm so stunned here.
 I will ask Mike to point out to me where it is.
 happen, it's a thought, is you issue the licenses and you put in the provision that if there is a deductible imposed upon the town, a cost to the town of $50,000 for something that occurs, that that is a $42,500 of that or some number is payable by the craft of
 If you'd like to give us control over your officers, it would happen automatically, but
 contact with any board members other than through town council or town manager okay nobody I'm
 No, he won't.
 We'll get there but we're just not there tonight.
 the law enforcement policy that's currently part of our existing general liability coverage, is that correct? Yeah, it's part of our general, the town's MIA policy, yes. It's a form to the MIA contract, yeah.
 I don't know.
 If you want to take a couple minutes, like I said, take a recess and think about it.
 It's showing that you're trying to work through this.
 you have been exposed.
 for these events that we're talking about right now. Does that make sense?
 So with all of that in mind, I don't think it would be helpful, if that's what you're asking, to have the motion that you're suggesting.
 If my boss asks me to work, I tell him no.
 And if something happens, we call Chief O'Leary and get people to come down.
 we avoid any 30B issues, or we'll do it in a way that is in compliance with Chapter 30B, depending on the numbers.
 I'm around
 That's one way to do this.
 all kinds of ramifications from that.
 of a vote continuing those things to July 3rd.
 Well, that's the liability of this board is not going to be taken on. We've been through this over and over again.
 I think that's against our bylaws. We've gone over that.
 We don't know about that.
 What that does, plain and simple, is if you are involved in any type of litigation or claim that is the result of our acts or omission, or people that we control's acts or omission, then you would presumably have coverage under our insurance policy.
 We've been told by both Meyer and earlier in talking with Jim that we're really looking at a 30 to 60 day timeline.
 never bothered us, yes, which is why we're here.
 we just get a new policy from Mia? Yes.
 I know that you were in a meeting with me when I spoke with Kevin.
 and we're not able to do that.
 And if we were not to prevail in this class action suit, we're still open to a substantial amount of payment, which the town would have to bear. So it's reinsurance, okay, maybe that's the term. But if there's a reinsurance policy that could be an umbrella over the top that could potentially limit our liability, I think we'd all feel more comfortable. Because even with the $7,500, it's just gonna be going forever, depending on the amount of plaintiffs that come forward.
 at that point today.
 Thank you.
 just work and come back on the 3rd of July? I just want to say this. No. I really don't want to.
 I'm aware that GL policies have per occurrence limits.
 We've got class action suit, we've got a stadium with events coming up.
 This board works well together. Everybody has good insight and good input to put in the conversation.
 What I guess we're going to ask you to do is to put this over until July 3rd, when hopefully by that date we'll have more concrete information.
 The waiting till the 5th. I'm not sure what's going to come out of it. It's unknown.
 I don't know what to do.
 Right
 license that event.
 I would be shocked if a license was pulled that they would simply not hold the event without seeking court intervention.
 posting a meeting for those days.
 And one of the goals here ought to be to place a limit, a cap, on our exposure for any event that occurs up there which is our fault.
 What's happened since Tuesday with regard to Maya is I spoke with them on, yesterday on Wednesday, and asked them to, a couple of things. Would they agree to postpone the increase in the deductible from $7,500 to $50,000? Would they agree to postpone that until we had the opportunity to resolve these insurance issues with the stadium? They declined to do that.
 So potentially you could structure it that if the town kept that existing law enforcement policy in place, that that could apply to all town-related events and then this other policy could strictly cover stadium-related events? I would think so.
 Just so you know what we mean by improve that, the current policy is a $7,500 per person deductible.
 And here you are, two nights out of three.
 basically it comes down to the fifth if we go and
 I don't think you're being irresponsible.
 it on.
 Nice.
 We will do it within the procurement law, and by that I mean, we're not going to purchase it, the town will not be expending its funds for this.
 if you were to reschedule a meeting for the 3rd, if prior to the 3rd, at least on the procurement issue, the bylaw issues, if it's clear to me we're not going to be able to meet, comply with those bylaws and with procurement statutes, I'll tell you, I'll tell you well before the 3rd.
 I'm
 can't reconvene before the 6th, then there's nothing.
 I mean, we just can't do that is what it comes down to.
 So, you know... But that's the difference.
 Those are the issues that you deal with.
 There are a lot of variants on those, but those are in general the ways to do it.
 I just don't think, I think it's a lot to ask.
 In terms of the issue, are we going to solve the problem, which to me the problem is the 50,000, it's not
 I'll make a motion to modify the previous votes taken by the Board of Selectmen, approving the applications for the following concerts at Phillip Stadium.
 I think they've said that they can't that they said for all I think the focus then the ring is on concert events larger venues They're looking to get this fixed up
 The MIA policy that you buy is one way.
 happy to pay the detail rate for them.
 problem that we have right now is that the insurance for your police detail is unacceptable in terms of the risk. Are we really going to go down this road Jim? Which is what? That you don't want us to have our police officers there? No I wouldn't suggest we privately secure them but if and I throw this
 It's not because of the efforts of anyone sitting at this table that it came to this point.
 And so, and that obviously was not acceptable. So we started to check with other insurance companies and see if we could change insurers and get a better insurance policy.
 looking to a procurement.
 Yeah, but this would not be an emergency situation.
 And part of what I've learned over the last six months is that's actually relatively common.
 just sent that in in the past Tuesday.
 possible solution. What we're doing is...
 If there's different options out there and if we can get, you know, maybe, you know, the good news about that it's crisis mode is people work extra diligently because there's a deadline in a couple days versus a couple months.
 That's the limitation.
 We wouldn't cancel them. You're saying not cancel my positive
 I wouldn't be certain that nothing will come out of it. I think something might.
 it. If you're not here in a second, I'm sorry, there's five people. We're going to do it
 You have nothing. If you don't come to a dream, you're nothing.
 I'm trying.
 I got told me can't be this 536. Okay
 The
 I think there's more liability to say we're going to put it on their shoulders.
 Anybody else want to board at this point? Bob, anything to add? I'm just sensitive to the time frame, as Jim already mentioned.
 How do you factor that in? That's one of the issues that we'll certainly have to look at between now and when we see you again on the 5th.
 That's the word I'm hearing out there.
 They declined to do that.
 I think now you're trying to position me, so I respectfully will decline to.
 Unless it's a.
 Anybody have anything to add? If that is a scenario that works.
 if that happens can you bear me?
 And I ask the board to continue its approval of the licenses as long as you get in place by that date a law enforcement policy that provides the coverage to the town in a form acceptable to you with a deductible acceptable to you.
 I think though, the point I'm trying to get at is that if there were not these stadium issues, and starting with the Weldner-Dutton case is really what brought all this to light, that the town would never be faced with that $50,000 deductible. No, but we have been and we are faced with a $7,500 deductible per plane.
 Originally this morning he told me that this was not even possible to do in less than 30 days. Told me I was being too demanding, that this was just completely nuts on my part to think that we could make it in time for the Revolution game.
 If there are two policies, one covering activities at Gillette Stadium and the other covering the rest of the town, the insurers had a concern that there would be what's called the other insurance clause issue, where the insurance companies effectively point at each other and each tries to suggest the other one should really be the primary insurer.
 We made application for an event and you rightfully said there are some conditions, one of which is that we need to have police details for these events.
 That makes it impossible right there.
 And it was six weeks ago, which wasn't a lot of time.
 well under 20,000 people, typically around 15.
 It's either that or nothing at this point.
 It's very small, not like 350 for a football game or more.
 and everyone is at this table.
 I received the letter yesterday because Dick and Cindy and John really put a lot of effort into getting the letter for us.
 And with the Weldner-Dutton case, what happens there is each person who is involved in that case, in the event they prevail, and I don't think they will prevail, but in the event they prevail, they're not likely to get more than $7,500.
 And the reason for that is baked into the detail rate is an overhead component. And I think that's also the case here in Foxborough.
 I'm going to post a meeting. I'll talk to Bob.
 I don't think you are.
 We have fairly robust insurance coverage given the nature of our fairly diverse business portfolio.
 We go forward with insurance.
 No, this is not for a meeting on the 5th.
 I don't think it's too much to ask.
 I think there's one the following weekend. Two soccer events.
 I really don't think that's relevant because the chief is in charge of security and he is not going to agree to this.
 all are familiar with insurance and you know there's premiums and deductibles and self-insurance and every flavor you can possibly imagine.
 If we don't leave this room tonight with some type of a consensus, I wouldn't be too comfortable about Saturday on the 6th.
 So, exactly, I said this at the other meeting.
 We don't have to. We cannot accept that.
 It's a lot of work.
 Do you want this board to make a motion where I am getting repetitive that you can have your event as long as the KO group agrees in writing to cover the difference in the deductible of the $50,000 to have the soccer games, giving us time to work through the rest of the situation? Because we're not going to be, if you don't come
 up the fourth for everybody, pony up the deductible for that one event, gives you another 14 days to work through this, a very
 Do you have any document to prove any of this? I can't take it as hearsay.
 I wouldn't want that to happen.
 But I will also offer the gratuitous comment that when I first looked at your policy, I thought that I would personally prefer to have the per wrongful event coverage because I like the catastrophic protection that you get in that circumstance.
 So just I won't be in town.
 So if something can be placed in time for the first event of July the 6th, that'd be great.
 But how do you do the calculation? You do need to look at the premium cost, certainly.
 They don't agree with the condition, but they accept the license.
 I don't know what document you have in front of you.
 When you look at the Boston Marathon, that was always a peaceful thing, and things change overnight.
 And we think that we've given you an insurance certificate that complies with what's in those terms and conditions.
 The first $7,500 of each one of those claims is for your account, not for the insurer's account.
 So we spoke with Dick Gellerman and Kevin Pagos, and the time frame of this is roughly April time frame.
 I'm going to get really stretched. Nice call.
 I personally made Kevin aware that we don't want to be in that situation.
 The great minds of this table diverge is whether our coverage should extend to also include the X or omissions of your employees.
 good idea and I don't think it's that much to ask.
 And so it's within your power to say, recognizing that soccer games are relatively benign, and recognizing that this is an extraordinary circumstance, we're going to allow you to go forward with your team ops force
 you
 procurement issue.
 They provide an indemnity and the indemnity is very similar to the indemnity that we have now, but there's no insurance requirement there.
 We did originally say that.
 drafted and sent to Jim, a copy to the town manager also, a possible agreement that we could work out.
 If I may.
 And the lack of control was something that they really, all of these insurance companies uniformly had difficulty with.
 So, hold on, so it's clear to me.
 And we are sincerely hopeful that things work out here.
 But after some of the conversation we had here tonight, I think you might see 35 police officers there.
 And we're happy to work with you, we really are.
 And if they can place something within the next 10 days, that is a lot more, that's a lot sooner than we were led to believe by other consultants we had spoken to in the past, including Maya the other day when we spoke to Joe Callahan. He thought 30 days was aggressive, he thought
 I think we have to appreciate here that, at least with respect to the Weldner-Dutton case, the claimants, there are four, currently four plaintiffs,
 And it's undeniable that Kevin could have issued this letter at an earlier point in time.
 I'd like to welcome the attorneys and the craft group to come up to the table in front of us, please.
 And that's not throwing someone under the bus, but that is a statement of fact.
 say. I can't tell the rest of the board, which is what Mark thinks, but I can listen. If
 bit of an anachronism going on with respect to your policy, to your benefit.
 access is the town, the acting town mayor is the finest department, it's all the people who work for the town. It's tripling down.
 I'm not going to watch you say it.
 Are you here or are you gone? I'm here now. Wow.
 If he says it's hopeless, I will send the note to dick and let him know that and then this whole thing is then you can't have an event
 I'm just your boss.
 Frank, hold us up for about 10 minutes, please.
 If I can interject, to answer your question, I'll be comfortable well before the third whether or not the procurement issue is solvable. I'll let you know. If I find out there's no hope, then there's no hope. There's no sense in my coming in on the third telling you that.
 So I think he got to Wednesday, unfortunately.
 I'm going to try to address your issue, Mr. Gray. The per person cap, the per person deductible
 I think that question itself is, I don't think we can get into talking about that.
 So by the end of February, we came to an agreement about a new indemnification.
 I think that's one way of thinking about how to potentially address the cost.
 The permit has not physically been issued to them at this point.
 So
 It's a simple enough thing to litigate and we either win or we lose.
 they give us the 75 but at a higher premium for two months? No, he said they wouldn't do that.
 And I thought we were going to receive something very shortly thereafter. We did not.
 And I think we all agree that there should be some room there to improve that coverage.
 You guys want to take a five minute break and think about this or you want to just sit here and muddle the thoughts?
 And I think that's a good thing.
 keep in mind that it hasn't been very many.
 And what I mean, a couple of the 50,000 will stick to the 7,500, so you're really only at 4,205.
 So, if the premiums are going to come up, the deductibles will come down. And that one month or two months, bring it through to August, would be something that we address on a cash value. I mean, I'd ask that, I'll ask it again.
 going to say no and then we won't deal
 If you're here on the second, we'll do it.
 the event is on the 6th.
 So that's wrong. What do you think, John? Well, you're asking them to self-insure.
 then that's the condition of the board if that's how the board feels and that
 the way this is going? Or are we going to have an overlay policy on our existing policy? It's going toward one law enforcement policy covering the town, townwide as well as
 It'll be subject to a $50,000 deductible.
 Does it have to be recorded? Does it? Well, I think the people deserve the right to see it. I mean, it's... But if it's posted, they can come. Yeah, well, we've
 that it's not worked out.
 that the time for obtaining the coverage that gives you the right risk profile is just, you know, closing so rapidly. That's, you know. And I appreciate that, but the thing is, we cannot let the town be on the hooks in case something happens.
 All right.
 trying to work together.
 This is actually my 15th anniversary.
 Davis and Pierce Davis and Peritano.
 What I'm trying to figure out is a simple formula for calculating this because the impact, certainly we've already made it clear that the $50,000 deductible, we can't do that.
 The higher deductible, I appreciate that the Maya contract right now is at a 7,500.
 Let us look into a way of doing a, I don't know that we can do this, are you a
 Please understand Kevin is working for the town. He's meeting with you on your issue.
 Well, the fifth is out as far as I'm concerned because I can't be here, Jim can't be here.
 Those events are relatively common.
 But then we still can't make it.
 minimum 30 days in
 sitting here today on the 27th of June in crisis mode, and it didn't have to be that way.
 If there were a way to do it, we would certainly do it. But it's just too much money with too little control.
 We had a meeting at Town Hall in Kevin Pecos's office in mid-May where I emphasized to Kevin that we were six weeks away from what I consider to be a deadline, June 30th, end of policy deadline, and I really needed the letter to allow us to get the alternatives reduced to writing so we could resolve this issue.
 And we represent 17,000 people that own the town.
 I'm not going to be able to do that.
 When our employees do something that generates liability and the landlord gets sued as part of that, even though the landlord has done nothing, because they are additional insured in that case, our coverage is extended to them because it's an action or omission of our employee that gave rise to that coverage.
 It's a second.
 about the business. You can talk to them.
 I don't think our stockholders would like it too much.
 And we will try to address, I mean the whole goal is to try to address not having the town exposed to multiple $50,000.
 Anything you have anything to add? Nothing to add.
 don't know the impacts of what the new deductible or what the deductible will be that Jim is going to tell you about.
 I don't know the details of why there was a delay.
 I apologize for that, but we do have civil rights coverage where it's
 If we could never have that cost, that would be nice.
 I would certainly defer to your lawyers on this, but I don't know if that's legal to be perfectly frank.
 How does the stadium ensure the state police for these types of situations?
 But I'm sincerely hopeful we can do that.
 And the insurers said no, that they would not do it.
 ought to think that the cost of the policy should also go down since they no longer would be providing primary coverage for the town for stadium events.
 until such time as we get this. I'll have 350 grievances on my desk on Monday morning. How are the state police insured? If I might, we have a town bylaw that does not allow for that.
 I really do go back to that meeting we had in May that you were both at, and we did talk about this issue, and we did talk about what needed to be done in
 Every municipality with the police force buys this law enforcement professional liability insurance.
 We don't have control over the individuals that we would be asked to indemnify. And the delta between $7,500 and $50,000 is a lot of money. I mean, you'd be talking about hundreds of millions of dollars of potential exposure over people that we don't have any control over.
 If I can figure out another way, I certainly can.
 That's not up to me, that's up to Jim.
 Taylor Swift, July 26th and 27th, 2013, and Bon Jovi, July 20th, 2013.
 come July 1st, it's a potential that those permits are now in void, so we would have to have an extension tonight or up till, I guess, Friday to extend it up till July 4th or 5th or 6th or whenever we do that. I have in anticipation that I drafted a motion for you, but the two of you are going to be away on the 5th.
 If that policy were in place when the Wellner-Dutton claimants came into being, what would happen is each one of those people would be part of the same wrongful event, and they would all fall within the deductible.
 So to jump out of that meeting and say he's going to do something without considering all the other facets that he's dealing with, again, is a very, very difficult decision.
 have them do their own policing of this.
 that. This is insurance that we cannot get at any cost.
 We got Ginny has plans, Jim's away for the week.
 Wednesday before Joe.
 forcing them something to do that they said three times that they don't want to do.
 Monday morning.
 Jim is not acknowledging whether it existed or not, so.
 would you like to start? Thank you. So when
 I will want to get back and talk to you about a motion that we've drafted.
 So if we were to have that policy rewritten where that is no longer included, I would assume there's some change in the overall cost to the town of that hunk of insurance.
 market fits and I believe me I know what you're talking about trying to give up the day before a holiday I don't know what
 I'm sorry.
 So why don't you just, you know, I was fine.
 I agree with that, but I think that's not acceptable.
 And that will be a stage in the town we have to purchase it. We cannot purchase it. So that...
 I stand by my statements.
 we thought about could we get a separate policy that the town would purchase and we would pay for. We're getting a little warmer with that one, but
 he can tell you later, but if I can steal the thunder, they have been able to think they can get in place actually this new policy before the next event, before July 6th.
 Well, even if not, in this case it's times four, could easily without a class action get to be 7,500 times a much bigger number than four, which isn't a class. You do the math, you know,
 we're talking about a potentiality that experience tells us doesn't happen very much.
 Yeah, you would get it.
 things are against the law. The procurement thing would be against the law.
 So we're covered.
 years going on. It's not smart business.
 Because of that increase, which the board has told me they found unacceptable, we're trying to find solutions to that problem.
 And they agree to a common definition so that nothing falls in the cracks.
 And we don't even know where we can have it yet.
 It was very clear when we did vote that that was a possibility if this insurance issue was not resolved.
 Then what good was that, then what good was during the application process that we had that motion? What good was that? If it's not binding, if we can't pull a license because the insurance district hasn't been resolved. No, no, Ginny, you are going to pull a license. Yeah, but if they do litigation, that means they'll have the event anyway.
 Is it responsible for us to expose the taxpayer to that sort of claim? I don't think we can sleep at night.
 would just post it for those days. You don't have to hold.
 Because you know what, it's just, I don't see it happening any other way.
 about the third, not the fifth.
 Mark's suggestion to self
 the
 I think you know what you're trying to work with an ant moving here and you need to do it by the third.
 there'll be some information to respond to. There's a way to resolve this so that there can be a meeting.
 We own the land on those days.
 I think this is no way to be on depth change.
 I understand further that MIA has been evolving their law enforcement coverage to a higher deductible, that you have had the good fortune of keeping the lower deductible for an extended period of time.
 stand out but what time you plan to have this meet is not going to be a seven or eight o'clock meet it's going to be more
 I think that's how we're going.
 I understand the urgency in your aspect, but to pony up a deductible for one soccer event to come through with that and free up everybody, give everybody ample time to get this straightened out.
 are, you always have and you will again. What that means is that you have to be able to
 Bye!
 that was on there before. This is part of, this is pulled from the Country Fest application.
 every chance I get I'll send a note to Dave letting him know what's going well and what's not going well. I can't make any guarantees.
 fallback position that potentially will allow the event to take place. It's a fallback.
 Do you have anything to add? Not at the moment, no.
 Anything at this moment? Not right now.
 It's unfortunate that no one on the board knew that.
 So the Tuesday that I have.
 We talked to the folks at TD Bank North Garden.
 that's been sent over since the application process? Yes. Traditionally, June 30th is the time when insurance policies roll over and ours doesn't.
 They're going to say no, but they could say, if we reach agreement, they could say, we don't agree with that condition.
 Does it mean the meeting has to happen on the 5th?
 We started working on this issue with Kevin in March, well before anything happened with respect to Kevin.
 When you approved the event license, you were acting within your statutory power to impose conditions related to public health and safety.
 I think that all of us, when it became a crisis, really sprang into action and tried to deal with this as professionally as possible and to get this all resolved.
 They are not inclined to do that.
 So, the Wellner-Dutton case is a wonderful example.
 we obtain the general liability insurance.
 There is one piece of legislation.
 Look at the history of the events. Have you ever had any problems? Because I'm about to make a motion in that aspect to the board, and I'm hoping they go with me on it.
 I'll probably tell you on Monday.
 of the relevance of Stadium McKinney-Chesney, Taylor Swift concerts in these dates beyond the third, beyond the fifth.
 And that's one of the lengthy discussions that John and I have had over the past six months.
 I understand that's the beginning of the process, correct? Yes.
 I'm going to go back to that. You said multiple plaintiffs at $7,500 per.
 With John Davis' help, we asked them whether they would consider a prorated premium change to effectively get them to the same place.
 Why don't we post a meeting for Monday and Tuesday and Wednesday and just have it there in case we need to. Just follow that to its logical conclusion, then the event doesn't happen.
 that you provided with your application.
 But as of now, you're going to post a meeting as of Tuesday.
 We don't even know where we're gonna be.
 have obtained that insurance certificate and we've provided it to the town and we have received no word back that the insurance certificate is acceptable or not acceptable.
 I wouldn't be suggesting we go to the third if I thought it was a waste of time.
 But Jim, if on the third we have still a stalemate, then the cancels the game.
 coming back to the table to talk about it anymore than you
 you got something that can prove your point. And if you're going to make statements like that, you need to prove it. That's what I'm saying.
 So if we want to get this thing resolved for an event next Saturday, let's talk about what our options are.
 present at that meeting, an open meeting, for the first time to your colleagues what you're thinking on this issue.
 20.
 Okay.
 Randy? I thought the 12 rang a bell as well, Dan.
 do yet.
 We shouldn't be talking about the numbers.
 And we would work out some arrangement to allocate the premium associated with that policy. And our insurance consultant, informally, because we weren't authorized to do anything officially on your behalf, but informally he went out and contacted insurance companies. And he found three that are active in Massachusetts who were willing to provide that coverage.
 to a bid because it's the town's anchor policy.
 I believe it was at that meeting where Kevin told us that he would issue the letter that week and that he understood the deadline.
 It may be that it's just going to take longer than next week to get this done, to comply with all the laws, rules, etc.
 You don't have an event coming up until July.
 does limit the overall
 never had civil rights coverage. Once again, I think you're trying to position me.
 Just so I'm clear, we have media coverage up until June 30th under the 7 and 9.
 It's all over.
 In the liability portion of our insurance coverage, we have civil rights coverage.
 Yeah, two questions. One is...
 unwilling to do so.
 did make commitments, you were both there.
 to not later than the 5th, but my associate's absolutely right. It doesn't mean you have to meet on the 5th. It gives us to that day.
 This pool has been ample to everybody that's ever asked for one.
 motion.
 I don't mean to cut you off, Jim, but that's really not a part of this discussion.
 Just for point of reference
 Please allow me.
 I can't operate without insurance.
 So I certainly share your concern on that one.
 we've been working very hard on it.
 He's working very, very hard on it.
 There are potentially thousands of plaintiffs in that case.
 We're not, Jim and I have, I guess in the year that I've been working with him for the first time, we're pretty loud with one another, okay? We're not, my sense is, we're just not going to reach agreement on that.
 I have a question about the civil rights coverage after July 1st and the certificates that we have received, you know, that we have, you know, the conditions on that everything has to be acceptable to the town. And, you know, there's language that's different on here from prior years' certificates.
 So we'll do our best the second and third.
 With that lawsuit, we realized that there were some gaps, some areas that we could mutually improve upon, our indemnification and the town's insurance program.
 harder one, for me at least, and we've talked to the acting town manager about trying to get some help on this, is how do you calculate the cost of the town from going from a $7,500 per plaintiff, per claim, where we are now deductible, to a $50,000 per occurrence
 So that's where we are today with Maya.
 And you kind of arrange that.
 And if we don't, basically we have one day, it's the day after the 4th of July, I don't
 see if that works with Maya and whoever the other, I guess whatever the other potential insurers are.
 be looking at more nuisances that you prefer not to deal with but you never get into a situation like Weld or Dutton where you suddenly have potentially a million dollars of exposure.
 Mark, could I take a break and talk to Jim for a minute or two?
 I'm sorry, all I'm suggesting is as soon as I know that it's impossible, I will let you know.
 Don't worry about licenses, soccer, event.
 So we've all been doing a lot of work and we have made some progress. We are not there yet.
 So everyone at this table knew that he was absent for that time.
 for profit business.
 a commitment that they'll pay for it.
 I think what he's saying is extend the conditions, permit
 If I don't pay those, they send a notice to everybody I do business with and they cancel it and I'm out of business.
 We had to have major meetings the two days after Christmas.
 you are one of the additional insurance.
 They accept it, they accept it.
 and number two if something happens you have to call Chief O'Leary and now we're back to bylaws right? Correct.
 And then collectively we can decide which insurance product we want to go forward with. We did not receive that letter.
 My understanding is it will be roughly between $30,000 and $50,000 in premium. That puts us out of the room right there.
 What I am trying to do, though, is let you know that this group has been working very, very diligently.
 I'm gonna be adamant about it.
 I understand that, but if you go back to the original thing, if the letter was written eight weeks ago, you should have been there.
 I certainly understand the inconvenience and I don't want anyone here to be inconvenienced by any stretch of the imagination.
 We would have probably had this meeting in early June.
 I think if I can address that for a second, Mark, is the open meeting law does not prohibit you from talking to me. And you talking to me and what your thoughts are, I can't share that.
 So they're talking about the Bruce Springsteen concert, the country fest events, patriotic
 And I'm here because I have respect for this process.
 welcome to the Foxwell Board of Select and Special Meeting on June 27th, 2020.
 I'm going to go to my through Bob Cutler, Town Council, and they will inform me. I can inform the board we have another meeting.
 I'm not sure.
 And I'm going to try again tomorrow to get Mr. Norek to move even faster than he's already moving. And I'm sincerely hopeful that this could all happen cooperatively.
 talking about.
 But that's really the nature of what we're doing here.
 If I had a guess the events going to go forward and we will deal with it
 What it's all about here is protecting the town and the vote for the voters that put us here.
 You see you're gonna renew it or not, huh?
 accept it, but we're going to reserve our rights in the event that it ever comes to be that there is a $50,000 deductible that we have to face.
 to me and yes you know in the conference call that we had with Joe Callahan the other day that was addressed and he said no. Yeah at least the second part of that whether they would give us a 30-day policy I don't know.
 don't have the exposure in every town.
 I think it does protect all of us much better from situations like the Welner-Dutton case.
 I'm talking about the policy cost, not the deductibles.
 I pray for the whole board not to be here.
 So whether it's five persons or ten claimants, I've heard of insurers that do that.
 Why wouldn't we just change that and sell the land and get all
 I'm going to go ahead and move it.
 Now we're talking about having it a couple of days earlier.
 you another more than 14 days to come through with a plan here. That's all you got to do.
 Okay, we're back. Thanks for waiting.
 public bid process was adhered to.
 With the stadium here, we have these issues.
 until July 6th.
 That's the truth. Are you saying that the license expires on the 30th?
 I mean, everybody here's got a family and they've got things they want to do.
 It's the same group of people.
 event that the board is unable to reach agreement on that date, then in order to obtain a license, go forward, they're going to have to- there's just one soccer event between
 I would also ask them, because I looked at that certificate, and unless the new one is different, that covers acts of the name in short, which would be the craft group.
 So we've drafted a motion that basically puts over, continues the approval until, I say not later than July 3rd, but it may be later than July 3rd.
 that if there's a claim arising out of a stadium event, there's going to be a $50,000 deductible.
 and then you can have your event on the 6th.
 So we're going to give them a permit after the fact that they said no, I don't see that.
 I
 The first step in the process was to find out if we could improve our insurance policy.
 Another rule
 problem we're trying to solve in a way that keeps us whole.
 If we don't have something in the way of a proposal, then let's all enjoy the fourth installment.
 I mean, how many police have that?
 That's
 again caution the board in a
 And that's exactly why we're here, because we can't deal with that either.
 This is a solution.
 If at any point during that period of time he had simply delivered the authorization letter that I sought, we would never have had this crisis.
 Thanks, Mike. I'm dick element our council
 why it's going up to $50,000, and it was conditioned upon that it would stay at $7,500 if alternative insurance was in place.
 Yeah, nobody's gonna be there but us.
 It seems the only way out of this in a temporary basis, and I think the board pretty much stands together on this, is that the deductible will be covered if it needs to be by the craft organization. I think it's the only out.
 Okay.
 discussion before.
 Mr. Chairman? Yeah. Please, I have, and neither one of us have threatened any litigation.
 I do think I can represent that cost. We'll be able to work
 I appreciate you laying out the timeline, Jim, but I think, you know, I see how hard and hear how hard everyone is working right now.
 may or may not occur.
 not later than the fifth.
 Not really.
 Is there no way that the town can be added as an additional insured to the crafts policy that provides them civil rights coverage as the named insured? I've asked that question several times and the answer
 We are not going to purchase, not going to use any public funds for this acquisition.
 last 10 days I've heard, oh, SOC is no big deal, it's a low risk.
 Could we ask Chief O'Leary if he could grant some grace on this?
 I think what you're suggesting is fine.
 We also have, as part of our overall insurance regime, standard endorsements that relate to, among other things, additional insurance coverage. And our endorsement that deals with additional insured coverage says, in essence, and please, once again, I'm well outside of my expertise here, but what I understand it says is, as an additional insured, you are covered in the event that we,
 Motion to adjourn.
 I mean the bidding, the RFP for that? Well, it's a 30-day procurement, right? I don't know what it said.
 We want to have this insurance issue resolved as early in the process as possible.
 First of all to obtain proposals then evaluate them and then find the insurance policy
 forum on the system.
 And I'm not asking you just to go back to your boss and ask me a question. That's all.
 Yeah, I think this too
 I'm wrong, please tell me, because I'm not trying to throw him under the bus.
 Ciao.
 I can't cover that deductible until we get the straight note. It's the simplest way of getting this through.
 as all of us are working very hard on it.
 And so if it is certified as a class and you do get a thousand plus plaintiffs all establishing damages in the $7,500 range, you have a very substantial liability there that's not covered by insurance that would be part of your existing deductible.
 I look at the issue and I say the MIA policy as it's going to take effect on July 1st with the $50,000 per person, I understand your concern about that. That is the same concern that I have about this.
 Between now and then, there's a lot more work to do.
 That's different.
 to its reinstated.
 Anybody on the board feel like my suggestion is a good one? About making them cover the, because I think that's an ample solution to this at this point in time. It's a low risk for your
 I'm going to go ahead and move it.
 Attorney Cobre and I have had more conversations with one another today and yesterday than either of us care for.
 If you don't mind, I'd like to set the context of what we're doing here and what is hopefully going to happen over the next 10 days. The context, very briefly,
 you need to look at what's the new premium going to cost the town, what's our portion of it, what's the savings on the premium if Maya goes from primary to secondary, or primary to nothing. Those are relatively easy calculations to make.
 So to ask a business to take $50,000 liability times 100, 200, 300 people, that's kind of unreal also to self-insure that number.
 What I'm saying is that you issue your licenses, you impose the condition.
 And I don't see the language that says civil rights coverage on here, so I just wanted to ask where that comes in on this policy, on this binder.
 I'm trying to give you an out from a motion tonight because
 My solution here that I want to see happen is you say stated you've all stated soccer events we should just have it don't
 Ladies and gentlemen, take a break.
 And that way, we were able to get a lot of information.
 I'm also a person.
 One more thing.
 We've got to work together on this starting tonight.
 third is I'm not a range of the fifth
 of business I have this thing called workers compensation liability on unemployment taxation
 So I just don't know how you could expect the board to accept that as a solution.
 have to figure out a way that they can do so legally.
 Cindy's been working both days drafting agreements, drafting motions, dealing with Meyer, as I have with Jim Colbry.
 do know that he has been absent for some time.
 Well, could we do a policy for six months and then do another six-month policy? Just to get it under the per key, you know, green city law.
 This group has been very, very focused on the potential crisis that could result if we miss a deadline.
 We basically said, hey, if you can give us a letter that authorizes our consultant, Mike Norick, to review your lost data and also to talk officially with these insurance companies, we will be able to get these informal discussions reduced to formal proposals, which we can present to the town manager and whomever else.
 So how does the board feel about that? Does anybody feel like this is a good solution? Or do we want to sit here and bang heads all night? Can we do that? Yeah, we can make that motion.
 But it doesn't go on beyond that day number one
 It's not general policy for the board to just make special meetings for everybody.
 have that level of coverage.
 If he had done it back then, we would have had the proposals a week later, 10 days later.
 I'm two and a half hours away. If it's a night meeting, I'll drive back.
 And I hope you can understand that.
 and if you'll allow me to be adamant.
 So Michael, let me get back to that.
 If not, someone's called to talk. Can we circle back to the news? Yeah, I mean, one of the solutions we discussed was not having the police, other than what's been done all these years, continue. That's not what we're talking about.
 We're really trying very, very hard to deliver some alternatives to help you on that.
 All right, is that okay? That way it just keeps it from being around Robin.
 The exposure is multiple millions of dollars.
 But please, we're not threatening any litigation.
 I want to get this crisis resolved.
 Tonight's meeting was asked for by the craft group to try and work out some insurance situations between the town and them.
 The counsel for the four plaintiffs has said that there may be in excess of 2,700, and they're talking about more than just one event.
 I think it's a very reasonable document.
 I mean, if I could, calculating the adulter is not as simple as taking $50,000
 and so many talented hold a big value.
 Jim you want to add anything to this now? This could turn into a rug
 I'm sorry Sunday night
 At that time, if it happens, we litigate it.
 Yeah.
 if they see that is the case and they're still saying obviously we live in a real world
 Dick, do you have anything to add? I do.
 I want to let you know, though, that Mike Norick is going out on a limb and saying he will have something for us before the 6th of July.
 everybody says it's no ever any problem at it cover the deductible for that one event.
 I made this statement a long time ago. I don't know if anybody remembers, but the town has a liability because we own the land that's in the lease agreement.
 So, Randy, would you like to say something?
 I just think this is something the whole board, especially you, we all have to offer and it needs to be together as one. And I just don't see that.
 whether that is an option under the Maya policy or under the policies of any of the other insurers that Attorney Cobury is speaking to.
 approval, you have a deadline of, so I'm extending those.
 over dedicate yourself during that causes situations with your family and it's not for the spouse, not for the kids. You've been looking forward to things for a long time including your own I'm sure.
 It's not a constant kind of atmosphere where it's a mixed group of people that go there once a year or whatever. It's a different entity of people.
 Now on the 20s.
 To go back to Mark's statement, if the stadium weren't here, Foxborough would just be a sleepy town in the Boston suburbs.
 isn't a problem.
 This would be an addenda or an amendment to that? Is that? A separate policy, correct? The different insurance company. Yeah. So Maya will not be the insurance company on a standalone policy. Has anybody seen
 I don't think the legislature is meeting over the holidays, are they? No, but I mean, this session would end this week. I'm not sure that's one of the bills that's been running.
 And that's the solution that we're trying to solve.
 I didn't get the letter until yesterday.
 And so right now, we provide you with additional insured coverage under our general liability policy.
 It gives you to the market isn't point to five because it's per it's forty two five per claimant, right?
 No, I agree with you.
 We need to know because it's just a black and white question.
 Okay? But I haven't included the condition that you wanted because it sounds to me like the board is not behind it.
 We have the policy in effect. Policy says...
 it is about accountability.
 It just
 But that is the way it is.
 of logging out. If I could, you could say for that one event, we are going to allow the stadium to provide their own security.
 I understand that, but if I could just continue.
 I think what would probably be most helpful if you wouldn't mind is for me to check in with Mike Norick tomorrow and find out what he thinks about the schedule and then let Dick know and then whatever you feel is appropriate you certainly should do but I don't want to cause you to come in when you don't have to.
 I'll ask Mike Norick, if you don't mind, to tell me where that's in this certificate. There's a new certificate that we've provided that I can certainly send over to you as well.
 Nobody to talk about this with any board member. About what we talked about tonight with the board members.
 want to make that clear.
 I'm not sure.
 I mean, we are responsible. And I don't want to expose the town of Foxborough to the $50,000 deductible just in case something does happen.
 My understanding was that the rationale for increasing it to 50,000 was that the protection that both the town and Maya thought was in place turned out not to be in place.
 I feel badly that Kevin's not here. I'm here.
 of the Indiana town council.
 has always been no, that because we don't have control over your officers, we cannot extend the coverage in that circumstance.
 You get a gift. We have to work those things. But if it is a gift, does it have to also be accepted by the board of selectors? Look, there's a lot of things that have to be figured out and ascertained and determined between now and July 3rd, okay? You can't do that sitting here tonight. We have a
 I could say July 5th, okay, knowing that you're going to meet on the 3rd.
 The issue that John was raising before is, is it civil rights coverage that covers the Kraft Group and its employees, et cetera, or does that coverage extend to the town? And it's a very nuanced answer that would probably bore you.
 going to depend, the resolution of this is going to depend, we first have to know what kind of a policy we can get, what it's going to cost.
 that they
 I mean, at this point, the disagreement that we're having is $50,000. But it's over a $50,000.
 I indicated to Kevin at that time that six weeks was really a pretty short period of time for us to evaluate proposals.
 me out here." That's what you do. You help to.
 And we didn't. We haven't.
 we kick it off at the third.
 So a good example of this is when we are the tenant and the landlord who is purely passive, doesn't do anything but leases us space.
 So move.
 So we're asking you, since it's such a low risk thing that everybody portrayed to me over the last
 and he has made it very clear his policy on security up at the stadium.
 There are a lot of moving parts to it that he'll explain, but I don't know the impact once we have in place a policy provided through the stadium's efforts. I don't know the impact of what that would be on my area, except for certain that that $50,000 deductible will go down to $75,000.
 out and I don't offer any criticism whatsoever, but if your risk profile is such that for 30 days or so you can't do it, I would be willing to go talk to Lieutenant Stewart and see if he could provide the police presence that you would very legitimately request under the event license for the 6th of July and
 And that's really the background of what we're doing here.
 So we reported that back.
 Dan's a solicitor.
 I mean, they're our property, right? Yeah. They're not on your property? No, they're on our property, but we don't insure them. They don't ask for insurance and we don't provide insurance to them.
 So I will tell you this, I don't read these insurance certificates very often.
 disagree with the craft organization as to who ought to be responsible for that cost, should we have that cost.
 would. But unfortunately, we just, as relatively calm as the soccer matches are, we just are not in the insurance business is what it comes down to.
 if he sees it's not going to happen, he'll tell me, I'll tell you. In other words, I don't expect the board to convene on the 3rd without their having the expectation that we've solved the problem.
 and for soccer events by extending the second condition of such approvals regarding obtaining liability insurance for such events insuring both the applicant and the town.
 And what I've learned is basically the following.
 For the exact same reason that an insurance company won't issue that policy, we can't do the indemnity.
 Kevin did make commitments to all of us that he would do the authorization letter at a minimum.
 I'm not supposed to be, but if I have to be, I will be.
 I'm probably being too much of a lawyer and I apologize for that, but I'm really looking at this and saying that we have our insurance and we've provided you with this certificate and I need to provide an answer for you. I will do that.
 It gives you more time, you're pressuring everybody here at the board. I mean, you really are.
 He's also meeting with my end. He's dealing with the Welded Dutton case. He's looking at the town as a whole.
 you know, Jim will tell you an easy solution to the problem, and I'm just repeating, but don't own the police force.
 I'm supposed to be away right now.
 The deductibles on those policies are, generally speaking, and once again, I'm a lawyer, not an insurance consultant, but what I've learned over the last six months is the deductibles on those per run full event policies are usually $25,000 to $50,000. Obviously, higher deductibles generally result in lower premiums and vice versa.
 So I guess I'll stop at that introduction.
 So we have a certain cost to that, to the town right now, correct? Including the law enforcement policy.
 When we met with you just two nights ago, just to reiterate the issue, the issue is that the current insurer for the town for law enforcement policy has advised the town that as of July 1st, the deductible for events that occur under the law enforcement policy
 Hold on, you have been exposed.
 I want to know going forward that it does exist now. And then I'd also like to ask John if you could review the prior binders to this binder just if that's something that we could.
 I mean it's I think that we should make that kind of a motion. Anybody disagree with that? I think I do for the reason if I had the option, they don't want that option. So for
 because we don't control them.
 right there were done.
 I will happily send you the emails that I have exchanged over the last three months.
 Weep.
 We're looking for a solution.
 of free up the board from all the inconvenience.
 How many police officers are there?
 But then what was contemplated when the Crafts agreed to provide the town with civil rights coverage?
 Is there an opportunity for either the coverage that ends on June 30th to extend it another month and work out there where it's not a procurement issue, it's less than 10% of a change, and you can extend it to July 30th on the existing, or take the coverage that's going to start on July 1st and change it for the first two months
 And even with Weldon Dutton, there's no clear evidence that there even is one today.
 I'm sorry.
 Okay.
 I do want to say that he's worked very, very, very diligently to try to help the time resolve this issue.
 Right, if it's determined to be a class action suit.
 I mean, what good is doing anything if the event's going to happen anyway? And what good is trying to halt the movement? And putting the town at risk.
 John I say we
 posted for Tuesday, Wednesday and Friday.
 Yeah.
 Thank you.
 I'm not an insurance consultant as well, but I always thought that there could be a way to define stadium event in such a way that the new policy covers stadium events and the Maya policy covers non-stadium events.
 Do you agree or disagree? I think that's right.
 And we've been working with the craft organization on that.
 Kevin's not here. I just wish we'd get off this subject and focus on today is the
 You know what?
 I
 Which is for one event.
 I hear from him quite a bit.
 can't have the event.
 You know I'm saying is what I just think it's on a fear thing to do
 like a four or five or six o'clock meeting because it's gonna go two hours and... Mark is five o'clock okay with the board? Five o'clock okay with the board? Jim are you
 to anybody else going with it and something with the old boy needs to be together.
 And that's part of what's going on here.
 If there were a meeting on the 5th, at that meeting, I can express on your behalf what you are both thinking.
 Mansfield have the same exposure to that venue they hold? Well, one of the differences Mark is that we own the stadium and we own
 I'll get back.
 So thank you for that.
 direction of putting this off. It's just a very, very tight window, just so you can start to think of that as we discuss in scenario
 And I know they want to do it. It is a problem.
 number is we're trying to limit. But
 We're advising you based on the 10-minute discussion you've had, if there's a way to work it out, we'll do our job and post it for Tuesday.
 The new one.
 I really can't, but we will try our best.
 I wish this were not a crisis, to be perfectly frank with all of you.
 And the reason they're not inclined to do it is because they would be in a situation where they would be insuring some folks' activities and we have no control over them.
 I
 of
 Okay.
 I'm asking for that and they do not.
 But that doesn't mean that you have to have a meeting on the fifth. You can have a meeting on the third. But just in case that some folks say everything's all worked out but logistically you can't get some final detail that you're okay with or any other person's okay with, just to leave it in place so it's not expired.
 You guys get together.
 They don't have an obligation to provide insurance for the police details or the municipality
 Because I really don't want this to go into next week.
 and if it's not the first meeting, you've canceled.
 What's the relevance of stating these? Are they just for... I'm just identifying them. Because they all expire on the 30th. They all expire.
 I want to. What's the next event after the 6th? Bon Jovi on the 12th.
 There is one piece of legislation that's pending. I'm not sure how it's doing to raise those limits to 50,000.
 And what I mean by one way, your deductible is based upon a per claimant.
 You are the ones who obtain the law enforcement professional liability insurance.
 The guy filming.
 license conditions require us, it's condition three, require us to obtain an insurance certificate with certain details.
 And that's exactly what I said three times.
 Thank you.
 Tuesday, Wednesday, and Friday.
 could be many more.
 operation thinking being that we get this resolved relatively quickly and therefore the net cost of the town will go down.
 We have a very few days to try to apply for policy.
 I can't sit here and listen to hearsay.
 If we don't stop working together and stop pointing the fingers, especially when the third party is not here, we're going to be spinning a lot of wheels right now.
 You have a quorum on the fifth.
 together with some plan, then there's nothing.
 I didn't say it inconvenienced you, it's not just the board.
 That's a manual.
 7S go to open bid, John, correct? Yep.
 We discussed what would happen in the crisis situation and what, if anything, we should be doing to protect the town from that crisis.
 Long story, but we eventually settled on the idea that we would try to find a better alternative to your existing BIA insurance policy.
 Really, what are we gonna do?
 or a concert sometime more than a year and a half, right?
 I don't know if there's one in the 12th. Jail Swift is the 20th. I've heard over and over again that there's never any situation in the E-Soc. That they're very low key, very well-organized.
 about the food again?
 I certainly appreciate your efforts.
 I promise to expire it.
 And we have general liability insurance, property insurance, all those different things that you'd expect.
 I'm not.
 already signed and sent in money.
 It's not an effort on my part or Dan's part. It's a universal effort on this side of the table.
 It looks like they've been able to manage that to go down to about 10 days.
 But that's an important distinction, Lorraine. Going from per claim to per occurrence is a big distinction for the time.
 a high level group.
 The case is Pupil versus Hall, 5-17-01.
 Yes.
 challenged on their appropriateness, wasn't willing to accept any of the pushback or feedback from the group on its inappropriateness.
 And in that state retained two experts, Clonch and Young.
 That's my question. Let's suppose he's sexually inappropriate with adult women now.
 It's difficult for jurors.
 unless you have a problem.
 Not my first argument.
 Phase 3 is where you're understanding and applying the principles, and Phase 4 is time for discharge.
 She works in a secure facility and maintains an office there.
 You be there Cliff, don't go.
 There are however publications, happens all the time, that these inmates are caught with child pornography or a Sears catalog that they now say is pornography because it happens to be at the STB program.
 He is a very good man.
 We filed this petition pro se to be released. Yes, in 2016. And that's typically how it happens.
 I'm wondering the relevancy of that.
 an amazingly brilliant man.
 The treatment program is designed to get exactly the result that we've gotten with Mr. Hoffman.
 And yes, he's doing that in the facility that he's at.
 He wrote in his homework that he was struggling with a provider leaving and he couldn't go on without her.
 He's kicked out of that group and he can't ever move forward unless she stops working there.
 This is a recovery petition and appeal from the denial of his recovery petition, alleging that he is no longer a sexually dangerous person.
 Just very very quick council
 in addition to reviewing records, also conducted a two hour interview with defendant, excuse me, respondent reaching his conclusion.
 Not a single time. Not a single time. Not in 14 years has he had any sort of violations.
 Dr. Klouch says, describe what he wanted to see.
 Let me just interrupt you for a moment because I don't want you to think that you've been disrespected. But we have had a judge leave and
 One thing you can do is learn to control it.
 The only time it is an issue is as part of his treatment that he has willfully participated in for all of these years, and that he's required to.
 hanging around outside of our office, which is an option.
 significance than there are far from those things.
 That is, he could not control himself when it came to young girls.
 I'm Eric Bilesman and I'm here at decision and due course.
 So you're asking us to reverse a jury verdict? Yeah. Yeah.
 like in the level 3 sort of thing.
 We know that he shifted his sights on to older people, women, older women.
 trial in 2017.
 How could an officer would be with women?
 Thank you.
 And the uncontested testimony at the hearing was that the understanding of that disorder at this time is that when someone has it, it doesn't go away.
 He did ultimately sexually penetrate a child.
 usually upon a second charge, second or third or fourth charge to some sex-related offense. The state will choose, rather than to proceed on a criminal charge, that they will file a sexually dangerous person's petition instead.
 The history of Mr. Hall was, even as young as 13 or 14, he was fondling younger girls.
 understandable
 and all of a sudden he's short somewhere else. Rather than just taking as gospel their work without looking at why they're reaching those conclusions,
 It only takes a couple years to get to trial.
 Your opinion is the same, that he should not love her either, that it's inappropriate for him to love her.
 I mean, were they instructed as to pedophilia and what the elements of that are?
 What this respondent has not done is been able to identify sufficient interventions to prevent a substantial probability of reoffending outside of the secure detention facility.
 And he has actually, in fact, acted on those in the past.
 and then is evaluated to see if he meets the criteria.
 All of this program is not to turn out perfectly well adjusted, socially skilled individuals.
 She teaches the relapse prevention group, which is a high-level group.
 fantasizes in his head.
 First she
 I'm going to get the house.
 it's a minor piece. In group therapy he did push back on that.
 His testimony was just that he denied that he had any of that interest.
 Thank you.
 be committed and act and that's
 Quite often they charge a lot.
 There's no reason to believe that he has that problem now.
 Oh
 put her on that. Why didn't you put her on that?
 important thing to take away from that. Choose an adult.
 Is that as to children or is that as to sexual offenses generally? Well, I believe based on the language of the statute it would be sexual assault or sexual molestation of children.
 In 2016, he filed a petition alleging that he is no longer a sexually dangerous person.
 You'd be surprised.
 It's just a reality of their limitations, but it's a concern.
 I think the reason is because then they can be committed for a much longer time. Because quite often they are fairly minor sex offenses that lead to this. But in any event, the new defendant is... Is there a minor sex offense? You're right, that was a bad phrase.
 the state meeting their burden if that determination is against the manifest weight of the evidence. Here, the uncontested testimony at the hearing is that defendant suffers from pedophilic disorder.
 people
 The most important thing about a treatment provider is their adults.
 It serves no purpose to even take this to a jury if that's what we're going to do.
 In his case, he found that Mr. Hall still suffered from pedophilic disorder, which was what his original diagnosis was.
 In other words, he would continue treatment and is there a third stage? Yes, there is a third stage. Which of course he is only entitled to get into when these treatment providers say he can get into it.
 They were just instructed generally and asked for reasonable doubt as to what the elements were.
 I was asked to do a presentation on pedophilia.
 I'm not a liar.
 or in other words, that mental disorder causes him to have criminal propensities.
 And generally a trial is held to determine if he is in fact a sexually dangerous person.
 I know a lot of people are going to be like,
 And she teaches, this is an interesting point, she teaches
 If any further questions people ask, this court will affirm the judgment in the circuit court. Thank you.
 He admits it because it's part of his homework and he's required to acknowledge everything that he is thinking sexually.
 She would say he doesn't understand the concepts, but when presented with the homework that showed he did, she acknowledged, well, yes, he did seem to understand them.
 to control with adult women of
 look at what the actual evidence was. And we'd ask that you would find if they did not prove by clear and convincing evidence that he is substantially probable to commit sexual acts in the future. Thank you.
 put on probation for 30 months. And then in 2000, no, maybe it's 97, 99, the petitioner revoked his file and they put him on some more probation for 30 months.
 I do think you kind of hit the nail on the head.
 And that's where I was going with the relapse prevention group.
 Thank you.
 Yes, it was.
 He also testified that in group therapy, he was able to recognize or identify those inappropriate thoughts.
 And then an evaluation is done.
 It's not a car theft, it's not a shoplifting, it's just.
 Does that still make him a sexually dangerous person? I say not. I say not because it is purely by the nature of her relationship and being in this facility as his treatment provider that makes her inappropriate. That's the only way I can answer that.
 I just didn't watch it.
 Phase two is the beginning of sex offender treatment.
 He stimulated to the findings of the evaluators and off he went in about 2002.
 He didn't have an option to hang around her office while he was in a secure facility.
 I'm here on pedophilia
 So in this case we have
 So make us your scaffold.
 He redirected his interest to the most appropriate outlet that he has.
 It did display, additionally, inappropriate attraction towards adult females at Big Money, his care providers.
 as a self-contractor.
 So if we would affirm this.
 He likes the ladies, he likes the adult ladies. An interesting thing that Dr. Clouch did say about, when asked directly, what is the appropriate place for his attraction in the setting in which he resides? Well, there isn't one.
 He's a good guy.
 And guess who it is? The woman he can't be around because he has a crush on her.
 May raise two points in this case.
 I also pointed out that Dr. Clouch met with Mr. Hall for some time to interview him in doing his evaluation. That's part and parcel of doing these evaluations.
 He's not gotten a ticket for inappropriate possessions.
 So did Heather Young. Describe what she wanted to see.
 But that doesn't mean that he has shifted his inappropriate attraction, stopped or plunged in reaching his conclusion that he suffers from pedophilia.
 Sorry.
 And he has shown, according to the testimony of both the State's Section 9 expert and his care provider at Big Money, a very preliminary understanding of what his deviant cycle is.
 And the clout testifies that once you've got it, you've always got it.
 He's not sending her notes to that effect.
 we would take a 10 minute break and then we'd be back in.
 and will proceed on an SDP petition instead.
 controlling that.
 that sex offender treatment is all about.
 And he has told Dr. Clown that he no longer has those fantasies about children.
 I hate to use the term older women because of course I am an older woman.
 the state at that trial is to prove by clear and convincing evidence that Mr. Hall is still sexually dangerous.
 But she could have helped him, theoretically.
 been dealt with.
 Morning, Your Honor. Officer. I please record Assistant Attorney General Garson Fisher for the people.
 Those acts do not qualify as an act to support a pedophilia diagnosis because you have to be more than 16 to be diagnosed as having pedophilic disorder.
 One of his problems before was he stalled girls. He almost seems as if he was someone like developmentally arrested at a very young age.
 My second point.
 Not a good choice? Not something that they recommend and they're against it?
 very much move the ball. You know, whenever you want to accomplish one thing, now is the
 Does he have to show that he won't re-offend as to children or does he have to show he won't re-offend generally? Actually, whose burden is that? Is it yours? The state's? It is the state's burden to prove a substantial probability that he will re-offend.
 it is substantially probable to commit further acts of sexual misconduct.
 That's what this is all about.
 I'm asking you to reverse the jury verdict because the initial diagnosis that Dr. Knoch testified to is not supported by any evidence in the record.
 is a problem with children. Because you can be a sexually dangerous person and they're not going to be a child at all.
 the first argument in the court was that justice is a thing and we have to step up.
 I take this to trial.
 All of this program is to address what got in there.
 The next most important thing about that is he's never done a single thing about it.
 And Heather Young admitted he had made amazing progress.
 It's not as hard for your honors to separate the emotion from what the law says.
 do that.
 he wouldn't accept responsibility for that.
 That's what was the initial petition here.
 I represent William Russell Hall in this case.
 So Dr. Plowman shouldn't talk to him and determine that he had all this based on something Mr. Hall said. None of that. That sort of thing didn't happen.
 Only like six to eight or nine people can be in that group.
 I can't believe they would have that right.
 That's what he's supposed to be learning.
 I don't think that it is a major weight on the state side of the scale. And there is, as I said, the section 9 expert as well as his care providers, undisputed testimony regarding each of the elements that the state has to prove, which is supported by actuarial risk assessments, which showed that a respondent was three times more likely than the average sex offender to be offended in an unsecured
 Helen Young is a treatment provider, she is not an expert.
 acknowledged it and
 still there. Just not.
 And I don't know if you've been here before, but everything is being recorded and is available to the public even. But Justice Moore will be listening after this is all over.
 working the program, which is a four phase program.
 He hasn't committed any acts against children. And to be fair, there aren't any children at Big Money.
 And his biggest problem he's got now is that he has a crush on his treatment provider. It's a sign that this program is working. It's working.
 I'm sure they were instructed about it.
 Generally, this one moved really quickly.
 to get yours.
 We don't look more deeply. It's hard for jurors to do that.
 But there is some relevance in that as Dr. Young, or excuse me, his care provider, Henrietta Young, testified.
 It is remarkable to watch testify.
 which is a little background on the SDP program itself. A person is committed to the Department of Corrections as a sexually dangerous person.
 The report was not admitted into evidence.
 the deviant arousal and thoughts that are associated with pedophilia cannot be cured, they don't go away with time.
 And that's what I'm going to do.
 pornography if you're a big money. Mr. Hall's never had any of that.
 And that is a successful treatment.
 I wasn't doing any of those things that anybody presented any evidence on.
 But the uncontested testimony at the hearing was also that this respondent has not made sufficient progress to avoid a substantial risk of re-offending should he have to operate outside of the secure detention facility, Big Mud.
 The time of promise from all was in phase two.
 support council. I'm Paige Straughn and I
 So how can you say nothing was admitted? Nothing about his interview with him directed towards Mr. Hall's interest in children.
 So he has been committed from 2002 or thereabouts until 2016 when he files his petition.
 once they've been provided.
 The only thing that makes her inappropriate, even according to their witnesses, if she was a person on the street that he had a crush on, as long as he maintained his crush to himself and didn't stalk her and didn't touch her, no harm, no foul.
 But I don't have to remind all of you how heated these cases are, how difficult it is.
 And he does.
 is just one more small weight on the state's side of the scale. And when confronted with all of these pieces of evidence, I don't think the state could say that the jury's conclusion that the state had met its burden of showing by claiming convincing evidence, responding to a sexually dangerous person, was against the manifest weight of all of these pieces of evidence.
 And I think that's a good thing.
 What's him? Crap.
 Okay.
 The first phase is orientation.
 That's one way that you can be diagnosed with pedophilia.
 Mr. Holland's done those things.
 So they have the right to reject the diagnosis as you're asking us to reject it? Yes, totally.
 Especially if he's now admitting that he likes older women as opposed to younger women.
 What is the next stage that would happen with your client? They are allowed to file a petition every two years.
 demonstrates that he inappropriately believes that any time a female is nice to him, that it indicates sexual attraction to him.
 He absolutely has like, he can remember anything that ever happened that he ever read about an inmate. It's remarkable. It doesn't mean his opinions are always right.
 asking for a rubber stamp.
 That does not mean that a sexually dangerous person is condemned to a lifetime of treatment in a secure treatment facility, because they can, with a sex offender specific program, learn to control those urges. And this respondent has made some progress.
 basically pretty straightforward
 And nothing in that evaluation or in that conversation made its way into evidence about Mr. Hall's interest in children, other than a single statement that he denies he has any.
 That's an unfortunate side effect of funding and what's going on in the prisons.
 I'm going to get in trouble with religious documents that have pictures of children.
 have to learn to manage them.
 So he's controlling it to the extent that it's not going to be a problem.
 has begun to understand what his deviation is.
 So it is the state's job to prove that he has pedophilia, that he has this at the time.
 The problem is, at trial, they present absolutely no evidence that Mr. Hall has any sexual urges, fantasies, or troubling thoughts regarding children.
 Yes, so maybe a class 3 as opposed to a class X.
 His interest is now in adult women and he's
 What we know is that he has had, according to the testimony of his care provider and the Section 9 expert, inappropriate sexual attractions towards adult women in big money.
 A sexually dangerous person is someone who has a mental disorder, either congenital or acquired, that affects his ability to control himself, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim of a sexual assault, that he is a victim
 not watching appropriate TV shows.
 He seems to have developed a crush on one treatment provider who was leaving. That sent him into some sort of suicidal spiral and it was a terrible situation.
 Why didn't he put her on to talk about his... Because she didn't like it either. Her opinion was it was inappropriate and we didn't need any more of that talk. That's why.
 And I think that's a good point.
 Mr. Hall just kept it up.
 Now he comes across to me.
 I don't even know Dr. Clouch Testify who wants to see him acknowledge why he does what he does, acknowledge his cycle, his deviant thoughts, manage his arousal, develop interventions, because nobody's ever going to stop the thoughts that go on in their heads.
 So where's your basis to find that he still has pedophilia other than once you've got it, you've always got it. In this case, everybody got distracted by the fact that Mr. Hall has moved his love interest on to the treatment providers, not the patient.
 This doesn't apply them.
 And most importantly, he's not acted on it.
 He will re-offend.
 Those are the four elements.
 What do you think is the answer to that question? Do they have to prove by clear convincing that he's no longer attracted to children or that he no longer is going to act out on sexual fantasies generally? I believe that it should be, it is intended to address his problem.
 Not a single thing, other than that 16 years ago he had Bellamy.
 In this case, Mr. Hall admitted the petition.
 I don't think we're going to need that.
 All right, sorry to interrupt.
 So that suggests he shifted his interest from pedophilia to adult women.
 So not only is there no underlying diagnosis to support this conviction, no evidence to support the diagnosis, even though Dr. Clouch believes that he has not made enough progress so that he is no longer substantially probable to commit these offenses in the future, Mr. Hall has actually shown all of those things that Dr. Clouch wants to see in treatment.
 That's what we're asking you to do here.
 He did have a conviction for child pornography, which was his original conviction in 1999.
 You really can't act out on it and make money.
 There is no provision.
 All right.
 And then also the language in the affinity agreement with respect to the term offer as
 We would respond with three points.
 In that circumstance, the result is that the defendant simply does not recover those mandatory statutory costs.
 wanted the so were that important to get the rate.
 And I think, Judge Tullman, you kind of hit the nail on the head in the impact that such a holding would have on the certainty when people in lending situations enter into an agreement with their customer, if they enter into some sort of, you know, again, global agreement, say, with a senior financer to, you know, extend, you pointed out, car loans in the future at a certain rate, what happened to the certainty and the terms I've entered into with you? And if you can import some sort of nebulous good-faith standard into an agreement that requires you to have a certain amount of certainty,
 You've almost...
 for that? That if you don't state a claim, you don't you're not liable for the fees and so forth? But if you but if you don't state a claim, you don't you're not liable for the fees and so forth? But if you don't state a claim, you don't you're not liable for the fees and so forth? But if you don't state a claim, you don't you're not liable for the fees and so forth? But if you don't state a claim, you don't you're not liable for the fees and so forth? But if you don't state a claim, you don't you're not liable for the fees and so forth? But if you don't state a claim, you don't you're not liable for the fees and so forth? But if you don't state a claim, you don't you're not liable for the fees and so forth? But if you don't state a claim, you don't you're not liable for the fees and so forth? But if you don't state a claim, you don't you're not liable for the fees and so forth? But if you don
 Third, that the Court erred in declining to consider how the parties, America West and Bank of America, interpreted 10 years of prior affinity marketing agreements.
 Let me ask you a question.
 speak
 That sixth factor there is the trial judge.
 In that sense, we think they are primary.
 And within that agreement, it said, here are the interest rates that you will charge these customers in financing.
 I don't want Southwest to know that. No.
 That's for frivolous cases.
 We've got a one-on-one relationship with that cardholder.
 to encourage people to file meritless class actions. I understand that.
 plaintiff brought that basically based on two separate agreements.
 but that they had no authority to charge any rate other than the rate specified in the agreement with America West pursuant to the 90-day notice provision. We have a very clear understanding of the nature of the
 You want to talk about the fees briefly? Yes, thank you.
 of discretion in this? We think it has discretion to award reasonable attorney's fees in a manner which will not cripple the Rule 68 class action litigation device.
 I'm here with Joseph Dolan, and we also represented Mr. Cherry in the trial court.
 The bank supposedly breached some sort of duty of good faith by continuing to charge him the exact interest rate he agreed to pay.
 And again, back to the 90 day notice period.
 the Irwin standard, regardless of whether the plaintiff is advancing a theory of which he originally advanced on the motion to dismiss, that the bank was obligated to unilaterally charge him a particular interest rate or whether the plaintiff is advancing a theory of which he originally advanced on the motion to dismiss.
 Well, at one point he was saying X meant Y on the motion to dismiss.
 And Judge Teelberg specifically found that.
 And this is something which actually brings up a good point, which I would like to raise with you all to clarify.
 And that promise was not made, as I understand this record, to the credit card holder.
 And in that agreement, the owner specifically agreed to purchase insurance.
 which we cite, which is a very similar in this respect, you can see that there's a very similar case.
 But the agreement also says that the rates attached on Exhibit B cannot be changed without prior 90-day written notice.
 I just don't understand the argument that you can bring – I'm not – that a person can bring an utterly frivolous class-action suit, cause a defendant to incur thousands and thousands and thousands of dollars of fees in order to defend it, and then not have any responsibility for it.
 a motion to dismiss and then chose to bring a motion for reconsideration. You know,
 You cannot find anywhere in that credit card or the affinity agreement a direct and clear expression of intent to benefit the cardholder as a beneficiary.
 This agreement is 40-something pages.
 Well, in this case, we're alleging they didn't comply with the terms of the 2001 agreement.
 How do you how the fact that the class is essentially still putative rather than certified strengthen or weaken your argument that an attorney's fee should be awarded on a pro rata basis across the entire class?
 to be applied evenly to plaintiffs and defendants.
 that what they argued below was that their intention in this contract and that they complied with it was... Whose day? Bank of America.
 And I guess I'm trying to, if we rule in your favor, what will that do to the practice of car dealerships that sell cars where the financing rate today is 0.9%?
 Exactly, and that's why the interest rate is of interest.
 Plaintiff has cited cases that have to do with whether or not you can examine the financial background of a plaintiff.
 But isn't there a difference in NAM? Because in NAM, I am a patient or an enrollee of the Blue Cross medical program.
 We don't think that was their commercially reasonable intent.
 They sell these credit cards at the airport.
 And as we point out, under Arizona law, the right to recover fees is not and has been expressly rejected by the Arizona Supreme Court. It's not an ordinary ---- How does this work? If I – suppose I'm out there and I hold one of these cards just like your client.
 Just as in Christianburg, where the Supreme Court held with respect to Title VII that only prevailing plaintiffs should recover attorneys' fees with a neutrally facial statute, we're not advocating that stringent a standard here, because we're not advocating that.
 when you look at section 7 of the affinity agreement, plaintiff has demanded that he's entitled to enforce an obligation upon the bank to communicate him
 found that the claims cannot go forward.
 they said the effect of the agreement was to preclude the hospital from charging more than what they were charging.
 in Arizona, we've also got 12-349 as well as sub C of the statute that's at issue here.
 So the airline does not benefit from the specific interest rate in the sense that they get money directly in their pocket from it.
 The Wright v. Schock case is 133.
 So they asked us actually to confirm in writing that although we would obviously think that's the fair result, and that can be a fair result in terms of costs, as the Rand case stated,
 like to allot nine minutes for the four claims for relief, six minutes for attorneys.
 the fees were incurred after the decision was made.
 The standard on that is an abuse of discretion standard.
 We want people who enter agreements with each other to be certain as to when they're going to owe something to somebody else.
 and I believe it was either the Ninth Circuit or the District of Arizona.
 You know, if you sign up with the First National Bank of South Carolina, you get a better rate than I do.
 Bye.
 But as I understand your argument, the argument is that under the third-party beneficiary theory, that if those rates became more favorable as between Bank of America and America West, that your client was entitled to the lower interest rate, even though he was operating under what I guess is a direct contract between the cardholder and the credit card issuer, which states what the interest rate will be.
 they have to do is ask, right? Well, one of our points is that we think it's relevant and important that an examination be permitted of how America West and Bank of America interpreted their contracts during the previous nine years.
 As Plaintiff has pointed out in his briefs, it is not necessarily a done deal that
 They agreed to implement those safety measures, which frankly, conveyed an absolute benefit to those people working on the job site.
 please the court counsel might
 Those are the portions of the affinity agreement that we had to redact for confidentiality.
 The only disagreement in that regard is the timing.
 of duty of good faith in leaving the agreement exactly the way he agreed to pay the interest. The bank was not going to do that.
 with the cardholder agreement itself, then the 90-day notice provision has no meaning, because Bank of America has sole discretion to do whatever it wants.
 That's not the kind of term the party was anticipating.
 Thank you very much.
 Yes, Your Honor.
 a change of a rate that the cardholder is paying.
 A prorated apportionment results in the same results of the defendant as a successful defendant's recovery of costs.
 for the car two months down the road, the dealer says, I will sell you this car, but the interest rate is going to be at 1.5% or something like that.
 I'm encouraging Judge Teelberg and this Court to look at the prior agreements between the bank and the airline.
 We've got an agreement between a hospital and Blue Cross that has nothing to do directly with the actual patient subscribers. We have a contract with Blue Cross, and we have a contract with Blue Cross.
 And that concludes the court's calendar for this morning.
 name on it.
 discretion in the bank to add terms, the Court said not that kind of term. It's a very, very broad term.
 And there was evidence that that was the way that the rates were communicated to the cardholders? Yes. And we also alleged that the rates that were communicated to cardholders during the approximately ten years of that relationship were the rates that were specified in the agreements between Bank of America and America West. They were not specified in the agreements between Bank of America and America West.
 On page 6566 of ER, it says in its order, we will not consider, I will not consider how the parties implemented their previous contracts.
 The core of operative facts that I think everyone agrees on here is we've got two issues with respect to this third-party beneficiary claim.
 It's tailored towards the circumstances of the case.
 And in that context, the Court looked at that and said, well, these parties clearly intended this owner to purchase this insurance to insulate this third-party li- this third-party subcontractor from liability.
 goes to Bank of America and America West paying each other without the direct, intentional, and primary participation of the cardholders, which is the standard of the three-part test, that
 first and now currently the second restatement talk about examining the surrounding circumstances of the agreement and the subjective intent of the parties.
 I think putting this pro rata share argument also into practice, it really baffles me as to how that would be done in a way that would be fair to a party who successfully defended the claim on the merits.
 will lose revenue, mileage won't be posted.
 use the card or I don't.
 They want to know when the rate changes.
 So I'm a member of the putative class. Yes.
 that we set forth in our brief.
 I think the Wright v. Schott case is directly on point on this issue.
 was specified in the agreement.
 Okay, but it's...
 I think that comes into play when
 tied to the interest rate although it is
 $13,000 claim was a $60,000 cost award that
 We've got Rule 11 for that.
 Defending the individual's claim.
 in essence, is asking this Court to create new law in Arizona in order to protect the
 counsel has informed us that should we try to pay these fees and assume these fees on behalf of Mr. Cherry, we would be in violation of two State bar rules, 1.8e and 1.8j, and that we would be subject to disbarment. So I think that's the way it is.
 Before I answer that, let me back up a second.
 And for that reason, we're going to require this contract on its face to express a clear and direct intent to convey a specific benefit to that third party.
 I forget which.
 We think they're commercial.
 What is this? Are we talking about Arizona law here? Yes, ma'am. Oh, okay.
 as long as he continues.
 Now, what the district court said was that it would not consider that issue.
 My name is Jennifer Hadley, a Deo Guardian.
 And I don't believe that for a couple of reasons.
 An example similar to this one, when the courts have not found a third-party beneficiary right, I would refer the court to the Baserto case, in which a party who was injured on a mining construction-type site tried to sue based on a contract between, again, a similar owner-contractor situation, in which one of the contractors on the job specifically agreed to take safety measures to protect the employees, the public persons on the job site.
 He also sued based on the covenant contained in his card member agreement.
 Yeah, I figured
 because every class action must be filed initially by an individual plaintiff and
 You have about a minute
 As I understand it, your client is claiming rights under the agreement between Bank of America and America West.
 The 90 day notice provision benefits America West.
 Conversely, if you apply that to this situation, the plaintiff is saying that we cannot exercise that grant of discretion to change an interest rate, which was a term that was already in the agreement, and is saying not only can we not exercise we can't exercise that discretion to leave it the same, which is a term that was already in the agreement.
 Now, as to the broader
 And we point out to the court that nowhere below in either the motion to dismiss, responses and replies.
 So I don't have to pay them, but you pay only as if I did pay them. That's correct.
 The case just argued is submitted for decision.
 All right, that's got him.
 What plaintiff is really asking this court to do is to put Arizona back in the camp of the restatement with respect to how third-party beneficiary rights are created.
 Within that agreement, pricing terms were set.
 We need an express waiver of a right to a jury trial here.
 They weren't pulled out of the air.
 because in their previous contracts, they used a term, may be effective, as against intends to offer.
 It's fact specific.
 That agreement also stated that if there was some sort of damage or loss to the property as a result of the conduct of one of these subcontractors, the owner's right to recover was going to be limited to that insurance.
 One, does this card, I'm sorry, not the card member agreement, but what we've been calling the affinity agreement.
 That agreement means nothing.
 specifically rejected that approach nearly 50 years ago in Irwin and has consistently cited Irwin with approval when it comes to the
 Is the bank then to go through and disclose all of the existing cardholders who had a card at a different interest rate as of January 2001, add that up, and then figure out what fractional share plaintiff should be at
 there would be no reason for Bank of America and America West to negotiate a contract where they decided that, okay, how should we handle this? Let's set an interest rate where we're deliberately going to encourage thousands of our customers to cancel their cards, forfeit their fees, and then we're going to have a contract that's going to be a
 And I either buy the car or I don't.
 I think after the oral arguments and reading Judge Spielberg's opinion with respect to looking at the limitations in his card member agreement for how the bank can change his rate,
 provision in the contract between America West and Bank of America that can be meaningfully implemented without the participation of the cardholders. That is the
 Thank you.
 I think what they
 The 90-day notice provision becomes meaningless and illusory if the intent-to-offer provision is only interpreted as an aspirational goal.
 the class is certified. Well, it's or it's a certification process. But it's a process.
 because you can be dismissed for failure to state a claim.
 Second, that the contract is reasonably susceptible to the interpretation proffered by plaintiff.
 The Court in that case was looking at when you retain discretion to change the terms, it's reasonable for the parties to think you're just going to change the existing terms.
 You've got a little over five minutes left.
 involves the strength of the theories, and the person that's best in a position to judge whether this is the type of case that's going to suffer from people bringing valid claims in the future.
 The affinity agreement, I take it, establishes the terms that Bank of America is willing to offer to America West frequent flyer cardholders who apply through America West for the Bank of America credit card.
 Okay.
 Cardholders have to be involved.
 and the Phoenix Suns sent business to that car dealership pursuant to an agreement between the Phoenix Suns and the car dealership.
 If we tried to enter an agreement with them, they'd hold those terms over our heads.
 Sub A is for something less than a frivolous case, but one that you still want to encourage a party to think twice about bringing.
 And I assume that you're.
 Moving on to the claim for breach of the covenant of good faith and fair dealing.
 And that's really in accord with some of the principles behind the Truth in Lending Act and whatnot.
 We would agree with defendant entirely if the contract did not have a requirement that before changing the rates in the agreements between America West and Bank of America, that Bank of America provide America West 90 days written notice of that change.
 We have just...
 There's no – and plaintiff is trying to incorporate some sort of term from this other – this affinity agreement into his card member agreement as the source of the duty.
 Mitch agreement, though, that's what I'm trying to get at.
 And in that sense, it's a first impression question.
 I represent Plaintiff Jim Cherry individually and on behalf of a similarly situated class of persons identified in our complaint.
 And then it was not until the motion for reconsideration that the argument shifted to this offer and the way in which the offer needed to be conveyed.
 Second, defendant did not discuss at all the Beaudry case on plaintiff's claims of breach of covenant of good faith and fair dealing in the cardholder agreement.
 That's similar to the situation we have here.
 But the rates being charged are rates set in a contract between Blue Cross and the hospital.
 And the point of the owners purchasing the insurance was to protect the interests of the contractor, third-party subcontractors, as well as sub-subcontractors.
 Doesn't he say he's entitled to the adjustment without applying for a card?
 Their position is, well, but it only says intends to offer.
 and we agree with you.
 What is the strongest case in Arizona that recognizes a third-party beneficiary relationship in a situation remotely?
 plaintiff keeps maintaining that the bank has no authority to extend credit to cardholders but for this agreement.
 I think it's something that influenced the opinion, is this was a situation where the plaintiff amended the complaint not once but twice.
 Or whether it's the second theory, that the bank was obligated to directly send him some sort of change in terms notice.
 You're not, you're not, or you're conceding that they complied with the terms of the direct agreement between the credit card holder and the issue.
 neither. Because of your
 And I don't believe that the apocalyptic result of no more contract class actions is going to result from this.
 And that was our point below.
 I mean, unless we buy your third-party beneficiary theory, it doesn't matter vis-à-vis the cardholder, unless he is truly a third-party beneficiary.
 and of benefit to the airline.
 and that a plaintiff has to say at deposition that he will agree to pay 100 percent of the costs as a precondition to finding that person an adequate class representative.
 And I am promised that if I check into the hospital, that whatever the rates are that are being reimbursed by Blue Cross for the services provided to me, I'm not going to have to pay any more than what my insurer pays for the covered services.
 and we were just throwing out this general point.
 Yes, ma'am, but no, I do argue
 of terms and conditions of that affinity agreement, it defines FF participant as someone who is either an America West customer or already enrolled in the flight fund program.
 sell t-shirts they
 And while we agree that that's essentially an unfair result in terms of a defendant being able to recover its fees, as a matter of fact, we do not agree that the defendant
 There's not a case in Arizona that says you cannot apply that statute to a particular group of plaintiffs.
 Why should it be?
 And I looked at, I guess, the relevant portion of that contract, and it seemed to me that all it does is talk about the rates at which Bank of America would offer the credit card program through America West.
 And basically what the bank does is they buy the miles from the airline at a specifically negotiated rate.
 means we've saved a claim.
 The plaintiff says that, how does the plaintiff say that he's referenced in the affinity agreement? The affinity agreement refers to an intent to offer to flight fund participants.
 individual should be free.
 Absolutely.
 What is the strongest case under Arizona law that involves a situation remotely like this? Well, there's a three-part test to determine whether a party is a third-party beneficiary.
 had to do with an owner of a construction project and a contractor entered into an agreement together with respect to the construction.
 That person, because there was no class to be certified to share those costs, that person had to pay all $60,000 of those costs.
 Please run to the bar so that we can present your rebuttal.
 In that regard, we continue to maintain that because Mr. Cherry over a 10-year period was charged, the rates specified in that agreement, that that course of conduct under Beaudry supports that we've stated a claim.
 But if you lose an action, you're going to get hit with fees.
 did that agreement specifically communicate an intent to create an actionable obligation on the part of people on the job site? No. The purpose of the agreement was to create an actionable obligation on the part of people on the job site.
 in that regard, with all inferences being resolved in plaintiff's favor, is that the parties understood that that rate, lower or higher, was governed by the terms of the agreement. And it was not the case that the parties were
 one of which was contradictory.
 But there is risk inherent in all class action.
 She may be counsel to pick up these cars.
 he was precluded from asserting his statutory claims for relief and the portion of the breach of contract claim for good faith and fair dealing as a cardholder.
 I'd like to turn my attention for the last few minutes here to the attorney fee issue.
 Is that how it works?
 that with respect to costs, that costs that are grossly disproportionate will result in that sort of crippling, that only lunatics and madmen would ever file a case like that in the first instance.
 because otherwise the policies underlying class actions will be crippled. Thank you very much.
 So it's FF participant.
 They said they were named numerous times throughout the agreement.
 Now that's not a change of a rate that America West is paying.
 We agree with the Senate.
 It involves the party's conduct in the case.
 And he also specifically agreed not to go after that third-party subcontractor.
 I'm here on behalf of the Defendant Appellee Bank of America.
 Presumably, there is an interest rate that is quoted, which is in essence what the bank is willing to offer that particular program for. America West, then,
 the plaintiff did not occupy third party beneficiary status and the court ruled that the plaintiff did not occupy third party beneficiary status.
 were the rates contained in the contracts.
 So he used a term from the contract to support his decision that he wouldn't consider the contract. Okay.
 Most people don't do it.
 understanding with the warning in my contract that the interest rate that applies is going to be a higher interest rate.
 Absolutely.
 opposed to immediately charge.
 especially with respect to people that aren't parties to this agreement.
 Thank you, Heaven's Calvary.
 And there's nothing mandatory about that.
 Only lunatics and madmen will ever step forward to be a representative of a class if they think they can be personally exposed for thousands of times their individual claim.
 Oh
 that were addressed on the bank's motion to dismiss, the plaintiff's position at that point was really that the bank was obligated to just charge me this. And I think that's a very important point.
 It goes to issuing applications.
 Does that agreement indicate an express intent on the face of the agreement to create a third-party beneficiary right in the plaintiff and other similarly situated card members? And then if you do find that that agreement does create a third-party beneficiary right, what is the impact of the plaintiff cardholder's direct contract with the bank on that right? Plaintiff has a direct cardholder agreement with the bank providing for a 9.99 percent interest rate.
 to look at which order the plaintiff is citing to and consider which type of obligation he was advancing at that point in time.
 Thank you.
 you just failed to state a claim?
 We submit that the district court erred in granting the motion to dismiss for five primary reasons.
 And there was no provision for ADR to begin with in the card member agreement.
 The last case has been settled.
 And I think another important point to make is plaintiff has talked at length below in the appellate briefs and then here today about terms such as reasonably disputed inferences. The contract is reasonably susceptible.
 Now with respect to the pro rata share argument,
 by continuing to use the credit card?
 and you may not change those interest rates until you provide us Phoenix Suns 90 days notice of any change.
 And the grounds for that reasoning was that to do otherwise would fatally cripple the class action device.
 Everything.
 under the rules of construction that say when interpreting an agreement, all provisions should be interpreted in a manner that give meaning to all provisions.
 It's not a certified class, correct? That's correct.
 I agree with that.
 He sued for the covenant of good faith and fair dealing in the affinity agreement and a third party beneficiary basis.
 is not, as the Supreme Court said in Christianburg, we don't need to be involved in filing one that has no merit.
 That direct cardholder agreement with the bank does not state that if the bank enters into an agreement with a third party, we're then going to change your rate as well.
 And so when you're looking at references in the plaintiff's appellate-level briefs, you sometimes make references to Judge Teelberg saying, well, you were really saying X when what you meant to say was Y.
 defendant did not dispute that below.
 However, there is no case that plaintiff can cite to and the bank could find none in which the source of that duty was a lesser third-party beneficiary right.
 If there's a rule 11 finding you are, is there any authority to? Well, no.
 Good morning, your honors. May it please the court.
 pointed out that America West has an interest in a competitive and commercially reasonable rate being charged, as is required by the agreement as well. But the other thing that I think is important to note is that the
 I don't see what the argument.
 I mean, blue cow, brown cow, you know, if the terms of the contract are different, I'm not sure how you are supported by this. Well, here's what we would say, just concerning the contract generally.
 And if you examine the entirety of Section 7 of the Affinity Agreement, which lays out in detail the bank's obligations with respect to communicating with existing cardholders for purposes of putting into play an expressly designed retention program directed at existing cardholders,
 Okay, yep
 a class representative can be held personally liable for 8,000 and should it go through trial 80,000 times.
 you're going to have to keep track of your own time.
 somewhat I suppose to the success.
 On the second hand here, we've got this Affinity Agreement.
 You know, it's the conduct that goes on in the case, the opportunities to present the theories, the strength of the theories.
 opposed to the bank and the airline trying to define their relationship with respect to each other.
 all that were redacted had to do with the compensation that flowed directly from the bank to the airline and how that was reported.
 not only are we not even addressing whether this person is an adequate class representative, we should be addressing whether this person is a qualified representative.
 to him, not only to give him the 8.49% margin rate, but to do so in a very specific fashion.
 Absolutely
 8.49% was available and was not available. And the other thing that was available was
 But two months from now, it's lower. Let's say it's 0.5%.
 So if it says intends to offer, then that's sort of an aspirational goal.
 because no...
 That goes to marketing and retention.
 And of course, for this session, stand here.
 apparently unilaterally, immediately changed his interest rate to 8.49%.
 agreement between the bank and the airline.
 And I think this sometimes creates some confusing issues in reading the appellate briefs.
 Thank you.
 We're not going to add completely new ones that we never thought about when we entered this agreement to begin with.
 That's exactly right.
 First, the court resolved disputed reasonable inferences in defendant's favor instead of plaintiff's favor.
 So let me get back to the argument again.
 And I submit to the court that this is just such a case.
 Court stands adjourned.
 And that's what those cases have said with respect to mandatory statutory costs after certification.
 And
 that those are the rates that are applicable absent that notice, which we've alleged didn't occur.
 because then they would in fact, their reading of the agreement is fine.
 question about that.
 You can stay here.
 and every class action can be lost at any stage of the proceedings.
 That agreement also reserves discretion in the bank to set the terms for that card and to change those terms for that card.
 That's exactly what my client would argue.
 Now, if the court does not find that he's a third-party beneficiary, he obviously does not have a right to sue to enforce a covenant on a third-party beneficiary basis.
 to say and give me a chance to amend my complaint to say is what the bank was obligated to do was to send me directly, not through a mailer provided from America West, but to send me directly this change in terms notice.
 Judge Callahan, yes, plaintiff is in the category of FF participants.
 In that sense, all of our questions are first impression questions.
 My name is Richard Faber.
 the bank concedes that there are cases in which this covenant can be formed or based upon something outside of your contract.
 We are not denying that America West is a beneficiary of the agreement for reasons that Judge Tauborg said.
 But because the case can be lost at either stage.
 well as communicating with new cardholders or potentially new cardholders.
 Mr. Farber, and if you could just give us a little bit of context on the question
 bottle.
 Yes.
 class representative owes duties to the class, as we've set out, just as a certified representative owes duties to the class, that it will have the same negative impact on and the same crippling impact on contract class actions being brought at all if the class action is not brought at all.
 It does not have to be a frivolous case.
 And that is why Judge Tilburg disposed of the third-party beneficiary claim.
 type someone
 need to disclose to this person what you're going to charge to them and on what terms that rate is going to be changed.
 He's claiming that the bank is obligated to send directly to him, not through a mailer provided to America West to send to flight fund participants, but obligated to communicate directly to him through a change in terms notice this 8.49% margin rate.
 That's helpful. I figured that's why you kept it out, but I really did need to have some understanding.
 I think that's a different inquiry than where we are on the back end.
 And that what the cardholders should have done, all existing cardholders like Mr. Cherry, should have called the Bank of America, cancelled their card, filled out the new application, with all of the downside to all of that process.
 Does that mean that somebody who bought the car at 0.9% is now entitled to have the interest rate lowered on the car because GMAC is offering better interest rates down the road? No. If that car dealership had a marketing relationship, for instance, with the Phoenix Suns,
 This is a very competitive thing for.
 We understand your
 That definition does not necessarily include flight front members who already hold a card.
 here, the effect of the agreement is to preclude Bank of America from charging more than is specified in those pricing terms, absent 90 days' written notice to America West.
 in
 are incurred defending the perceived exposure to the putative class.
 be any different with regard to attorney's fees where the claim is determined to be completely unmerited?
 And I'm wondering why did Judge Stilborg err in finding that because that is a contract that is between those two parties, it doesn't inert to the benefit of any of the subsequent cardholders?
 And as much as he is basically asking for a blanket exemption to the application of 12-341-01 when you are a plaintiff who has brought an action on behalf of a class and you've got a relatively small individual claim.
 have to do with apparently this is a very competitive industry, these banks and these airlines negotiating these agreements.
 stating a claim doesn't mean we're going to win the claim.
 And I disagree with that position.
 in this case.
 We would throw out this argument to the court with respect to the cardholders.
 When a defendant brings an utterly frivolous case or even if there's a rule 11 finding or a 341 OC filing of bad faith, then that's absolutely right.
 Now, examples of when the Arizona courts have interpreted contracts to find a third-party beneficiary argument are, I think it was U.S. Fidelity and Guarantee versus Farrar's Plumbing.
 I think it was the Ninth Circuit, in which they awarded $60,000 in costs against the named plaintiff of a putative class action when his claims were dismissed prior to class certification.
 there is a six step inquiry that the court must undertake.
 of that agreement was to convey the obligations of the contractor and the project owner with respect to running the site.
 Damn
 facts that are virtually analogous to these facts in terms of what they're suggesting about retained rights, sole discretion, and course of conduct.
 And presumably there are pooling arrangements that are made by class counsel with regard to figuring out how to share expert witness fees and other costs of discovery that may be lost if the litigation is unsuccessful.
 is to use the card.
 And it said two reasons for that.
 which is different than Beatty, where the court was exercising the discretion to import a different term.
 that we will not personally pick up these costs and that Mr. Cherry will personally pay these costs. Okay.
 Can you help me with regard to the third-party beneficiary issue?
 I guess, gets paid by Bank of America separately for participating in the program, is that
 There was no argument made before this Court, and it was a Ninth Circuit case, that that would negatively impact the class action device, fatally cripple it.
 And what the court held was in NAM that the actual insureds were third-party beneficiaries for two reasons.
 Thank you.
 That's what he's saying.
 primarily because the contract specifies that the rates, precise numerical rates, that are indicated on Exhibit B to the exhibit cannot be changed unless 90 days prior written notice is provided to America West.
 Does the bank get the recover fees from me? No, and that law is well settled in Washington.
 from the Phoenix office of Snell and Lomerana.
 Is that right? That's correct.
 It involves whether the case could have been resolved.
 That's an example of when the courts have found an expressed intent in the agreement to convey something directly and intentionally to that person upon which they can recover.
 They weren't made up pursuant to some claim of sole discretion.
 and therefore I'm not going to consider those contracts.
 the plaintiff did not occupy third-party beneficiary status to assert a claim in that status.
 would the first 90-day notice provision to America West apply if not to the rates specified on Exhibit B in the January 2001 agreement? Was there any evidence in the record that at the time that the card was issued to Mr. Cherry and to the other putative members of the class that they were given the usual insert that comes with my credit cards that I never read that tells me all the terms and conditions of the card?
 Right, exactly.
 Well, again, all of that is fine, except there's no authority in this case for Bank of America to issue cards to any America West customers, absent this affinity marketing relationship.
 and they expressly rejected the approach of the restatement and said, you know what, with respect to this intent, we don't like this gray area.
 It seems to me that that's a rather large bird.
 I just then came back on the motion for reconsideration and said, no, what I really
 or something, he's still a 70.
 see why the stickers program wouldn't go on without a contract.
 He's a Mary Bastian.
 all your invoices, take a million pictures, get more quotes to get the road back to 100%
 Violation goes with the promise.
 So there's nothing wrong with that.
 for our employees.
 I was just hoping for one more back.
 property rights.
 We do, we clean the property up.
 And you wouldn't even have to be, and we were not declared by Irene in this county, but because of that, anybody in the state of Vermont is eligible for this mitigation money.
 We move forward and incur costs. Given the circumstances that just happened, is it fair to incur, I don't know how much more cost to do this work? And then have to wait at least until January 24th to recover the money.
 We should make that decision. But I think the two proposals basically have a bottomless box.
 We really don't need a motion on this, this is just information.
 the majority of it, that's all.
 I don't know if we have any more questions.
 Select Board meeting to end.
 Sweet ground.
 you can do that. It'd just be good to continually
 Okay.
 go back out to bid, we'll know where we stand, and then decide what to do.
 But we'll go with the structures grant.
 Chris, go ahead.
 So, but again, all speculation, so we.
 Yeah.
 Standard meetings.
 we'd have to.
 And it says it's part of the category B of the PA public assistance.
 somewhere else.
 So we're going to take up this business here.
 Every single rule as it comes in how much material
 That idea is being kicked around by CSWD. It's called districting.
 You need a RFT, right? No. I'm saying that I don't want to go down that road.
 The main thing is just making sure we have, like Nate said, getting the information back from FEMA, making sure that everything is processed accurately so that we get our money going with paperwork.
 There's not enough staff in our town hall to take on a project like this.
 scheduling him.
 It's an excellent idea.
 the hard spot you guys are in.
 Okay
 Oh
 And we wouldn't have another meeting until the 18th, right?
 Bye.
 Okay.
 I wanted to just kind of check with Nate here, too, on updating the roads hotline.
 Approval that we will
 I just think a competent engineer needs to go out, come up with some suggestions, get some estimates, write a description, and apply for the grant.
 Clarify that with Chad
 Yeah. I know it sounds crazy, but I'd rather.
 That's right, but it wouldn't be on our dime. It would be on...
 I totally forgot about this.
 We tack that on, now we're up to $14,000.
 I think most any reasonable, sane person would go to a superior, would go, would show up in environmental court and respect the judge's order.
 I just wonder if research on Dwayne's part or someone's part could make enough of a change.
 You hire some of the larger firms that are raised.
 I think you already do that in all the stuff you do.
 done like this is a and then
 at about 11 feet of travel way there right now.
 Why it's not the email
 And if they're not interested or they can't help us, then I could try to broaden my reach.
 that piece, but the basic RFP is ready to go.
 I also don't want to make it sound like the town doesn't have the money or can't afford to do something like this.
 And there's someone from, I think it's Vermont Energy Supply Company that has already looked at this.
 somewhere along the way.
 on what he's doing in this whole thing for us.
 There are multiple trash haulers in the area now, as you'll see on your roads where there's Casella out here and Myers and everybody else picking up whatever trash you want.
 I'm gonna have Dwayne at the head of that beast.
 And then you need to get a cost of what that's going to cost. Kind of scramble together like you did on Pedro.
 All right.
 the structure was gone totally in any of the projects they would pay for.
 I
 Okay, so in Dwayne's on all that
 services provided to residents and businesses are a private matter between the contractor and those individuals and are outside the scope of the contract.
 So he has not complied.
 And like I said, CSWD is coming in at 6.30.
 big problem right now. Correct? Can we fill in that hole on that structure? Is that structure stable enough to put a temporary road there? So we could fill it in, we could do a quick tar patch job, and we could...
 Should we put this on?
 You know, Nate suggested that that's washed out six times.
 have information.
 Oh, yeah structures and temporary
 But like I said, I want to put that behind us.
 We're just talking about people that have worked for us in the past.
 You know?
 we allow someone to continually proceed with this behavior. It's maddening for the people who live on that road to know what that land was. It was pristine and beautiful before,
 what comes of it from there.
 The point is, Mike has kind of designed it so that it's a little bit more accessible.
 But the situation I see that we're in right now is we don't have time. If we don't get a letter of intent out by June 7th, we're going to miss this money, and it'll be gone.
 So I'd say that we revisit this in July, one month from now.
 Yeah
 Friday, but I think she must have stepped on by a hire out there on Saturday.
 Yeah
 also says that through sight and do not be available or town hall.
 stuff was gone, but we did, David and I decided to grant the access permit next door here.
 Yes.
 to me that it's something that started with good intention and has just kind of gone on and on and kind of gotten scaled back and scaled back to now we're at a point of I'm asking why.
 They might not
 you're not going to be not being able to do the stuff.
 would make sense for here and then.
 Okay.
 you
 But I don't know.
 there all the way with answers then it'll be but
 We all know how large Irene was.
 competitive bidding, all that sort of thing.
 I think we're good.
 And he's got some great ideas actually for road maintenance going forward.
 So I'm.
 We've really just started.
 first part of the week next week.
 there's no other trash haulers out here or I mean.
 So anyway, are we all set? Do you have anything, Adrienne, you'd like to say? OK. We'll do the best we can.
 If you want to just skip to your AC for a minute and talk about our world, if you want to talk about AC, that's fine.
 Do you guys get flooded during that one? I don't know, but I know there's records down there of past flood events.
 It's warm down there.
 There's 404 minutes.
 You know, to give them some kind of an idea.
 How's it gonna work as far as approval of the design before he goes and does the bid? Well, we need to talk about various options. So
 And as we've talked about before, if we don't get on the stick with the AC, once it gets hot, everybody's going to be out everywhere putting in AC units.
 Would it be possible to let the sheriff's escort?
 That road was discontinued.
 Yeah, one would be
 I guess how does this interfere with, I suppose, greatly your normal stuff that you were going to be doing this spring and summer? You know, like all those culverts you were going to replace. We did it all day today. Did you? Yeah. Did any of those culverts that were just replaced get washed out? Well, you have to come off a culvert list and then, you know, you're a couple weeks out and you have to go.
 No, I'm sure it's not.
 Brad went out and rented like a flatbed.
 I'm going to go ahead and get the next one.
 I've got an RFP prepared.
 say we incur, I don't know, five, ten thousand dollars worth of cost, right? We go to court, we get a separate order for that.
 I'm not trying to say that, but I'm just saying it adds into the, you know, I'm just looking, you know, say he does get it back at tax sale, you know,
 I'm going to go back to the slide.
 What resources do you need? Well, if you're deploying you can get some estimates. I'm showing all the big stuff. So, you'll have a private contractor start to work on that, possibly in the fleet. And we'll start drawing and crushing around that.
 I guess promoting maybe one hauler to keep all the traffic down. But I think people should have the choice to hire whoever they want to take the trash.
 I could look it up because the town got an easement from us to do work at the end of that COVID-19 problem. So it must have been the following.
 a motion to contact six engineering firms to...
 It's an interesting point.
 I don't know if you guys had a chance to read through that contract.
 is
 enough we could remind the trash hauling thing.
 Who was that animation from? Rachel.
 We need to
 helped us and the bank will take care of us and all that.
 on this.
 could do this next select board meeting.
 That's all the stuff
 So it's whether you feel like you would like to continue and whether this board feels like the decision we made two weeks prior to last Thursday.
 And literally.
 I was just
 I would just assume if we could.
 Mr. Blay's proper notice that we're going to be entering his property to do this.
 How much do you think there's going to be in site work?
 you like add those up or anything or do you know where the invoices are? All the stuff that happened previously so far so I don't know I guess that might be
 I've got a list of places that had damage.
 I had made that no one caught as to the name tech group I had put.
 that FEMA tells us to do.
 Just a reminder there and I didn't know do you want to schedule another meeting at some point prior to? Two weeks after that do we want to reschedule for a different night? I don't know how you guys feel but given the circumstances we probably ought to try to meet on the 27th
 take on too much and get bogged down and never get AC done, but I just wonder if that should also be put on Mike's plate or do you think that's overboard? It could, but we can't use that money until July.
 I believe it would
 It would still have wing, in both cases, it would still have wing walls to protect it from blowing out.
 If he doesn't repurchase and it does end up, I think LaMelle knows what he's getting into with the situation to be honest.
 12 hours.
 I know we need to come up
 But we've been down this road before with a sippery parcel if I'm correct.
 Sherry or Donna can't answer their questions.
 So I know it didn't go to full conclusion, but.
 And I think that's what we're going to do.
 You might as well take them anywhere you want to
 I don't know if this is the right time or not, but one comment on if this happened again, it seems like for people on both public and private roads, somebody from the town or the fire department, I don't know whose job it is, emergency services, would physically go up each road, even if they had to walk it, and maybe contact people in the community
 multiple structures over several engineering firms to get our letter of intent to FEMA?
 I don't know.
 It's from Jordan.
 Almost all of it by the way.
 any reason to throw the...
 So this is a situation, and I'm going to use the policy again.
 Steel
 I just wonder, something seems not quite right with that.
 Yep
 There's no reason why he's actually not allowed to go throw up a tent and camp for the rest of the summer out there.
 Sheer
 6.30 p.m.
 in South Hero and a friend of mine came in, Bob Krebs, and he was buying a bunch of dump stickers.
 We would like them to come out and take another look at those roads. I mean, we've got to know, you know, if we are responsible.
 We're leaving on Shelly Hill right now.
 And then we'll figure out what we're going to need.
 maybe somehow or another that that really.
 So we understand, we understand it's not something to wait on.
 designs.
 We have so many RFPs to get out there.
 If you group a bunch of them together, maybe they could say, well, we'll do these for X amount of money.
 I realize that, but somebody can be obligated forever and they're not going to pay.
 I just want to know what you want me to do. And I'm happy to work on this.
 Because in a sense, it's almost like he knows this won't be pressed, which is milking the system.
 And took our current cash of $880,000.
 And by being able to offer our citizens a curbside pickup for trash that you pay for and recyclables go away free, it helps us to be able to do more.
 I'll talk to Ray Doherty and I'll get this true scoop of what he needs.
 I don't.
 ahead and take that next step on fixing things. Is that what I'm assuming here?
 the motion.
 I feel that this is a violation against a specific violator, basically. And to wait and have somebody else kind of take on that violation when you could, of course, now I think this is the wrong move.
 But he doesn't have to pay it is what I'm saying. He has to pay it
 seven days.
 Likewise, I'll work with a contractor, too.
 quick question is anyone living up there now? I can't say for certain but I know that people have been back and forth even when he said they weren't living there.
 know it stinks for you guys up there, but there's only six months left or so of decent weather that you're putting up with this situation.
 just for the structure.
 I believe that
 And I would think, not that I'm just kind of on a common sense line of thinking, I would think the bigger the event, the more the mitigation.
 So what direction have you been heading in the last few days since Sunday? I know you're just filling back, filling holes and using the stuff from the pit and doing that.
 Has anybody established that when something happens to private property or private road or private driveway, whose responsibility it is in the emergency situation to get it fixed?
 So those are the conditions I put on.
 Is there new? It's new, it's recent. What's the new board of abatement?
 It's a DRV.
 be of use, whether it has to be moved again or not.
 We'd have to go for a separate order there. Yeah, and then I'm not so sure I
 Okay, so there's no room
 Okay.
 I don't want him to think that I'm hogging him completely. And I'm not really doing it, he is, but just that I don't know how many hours he's allowed to spend on it probably is the right thing.
 You gotta find out.
 voices and yeah
 we've been purchasing those.
 I know.
 If the contract ends on the 30th, maybe we can meet him on the 20th or something.
 So everything after that emergency services ends, everything going forward then would have to be part of the individual roads FEMA estimated cost to complete for their approval.
 Oh, the water is coming out.
 numbers for them, what direction to go.
 approve the amended minutes from 425.13 select board meeting.
 9 a.m. of June.
 And then all of a sudden we come in and say, oh, by the way, here's another $10,000 in fees to clear up the violations on this property.
 Does that sound reasonable?
 What needs to be done by June 7th?
 Okay, so where do we stand right now for your time, all this you've done so far?
 That's why they said 4.06.
 Thanks.
 This is where we had Mike Wiesel to assist with the smaller projects.
 category B.
 Otherwise, as of January 24, 2014, the property will be the person who bid on it, tax sale, which I believe is Lomel or Lomel Lumber.
 Town garage, that's up
 So the tail is going to be a little bit more damaged.
 What's the line of credit that's available now, size-wise and not-wise?
 I put these restrictions on conditions.
 Civil Engineering Associates. Clark Elliott lives in town here. Large engineering firm out of South Burlington.
 I agree with Brad that I think it's money well spent to have our ducks in a row by doing the rest of the work on that.
 when we ended our meeting just near the end, whether we had, you know, properly authorized you to do this work or not.
 I would think that we look for RFPs and then we come back into July.
 That's correct.
 Did Mr. Blaze receive a certified copy of this judgment order? And we have receipt of that.
 Okay, fair enough.
 So my goal was to, and the reason I was trying to expedite this work is because, and my thoughts were to you, because you know, you don't have a lot of time involved and you get things done in nice quick order and thorough.
 So we are currently in the Irene mitigation right now.
 And if Sherry, if we want to go back to the meeting.
 We're comfortable with that. We pretty much fit.
 We don't have that word yet.
 Great
 You know they can do one in an afternoon, you know, they pull it up and they do the study. Whether you wait and you know, you try to get Chris Brunel to stay, you're just not going to.
 I know, I know.
 But there's only 30 members.
 That's going to be taken back out again.
 So it would be a case of where can we move these, feed them inside within.
 You don't want to take on debt as much as possible, but it's there if you need it.
 So yeah, there's the up and down side of that.
 First of all, if I talk to him first thing in the morning, I will know what's involved.
 All right with Mike now
 And there was some discussion about a way to firmly improve these large historic windows and yet keep the windows intact as a historic window.
 for you.
 I think that's wise.
 and then go back and work up their price.
 expensive structure.
 Maybe they know contractors that would do this work.
 There's a bunch of forms and a description of what it's all entailed.
 He's had other stuff up there.
 Maybe come for the money and be back there again.
 Yeah, we still feel more dead.
 So we're going to go ahead and get started.
 It was funny, I was up.
 These, this order and this violation do run with the property.
 We have a down the road, we'll have to be redone all the way up through Bill Cook, Parks and Covey, Shelly Hill, Greg Snow.
 I noticed about small bicarbonate, but again, from FEMA's estimation, there's about $150,000 damage on Keller's Oak from the private sector up through from the town of Roselle.
 Maybe those are two separate things.
 As you've seen, we can enforce maybe tearing down a structure, but to keep someone from being on their property and camping on, let's say, weekends, I don't see how we'd enforce that at all.
 the land records. We have some old paper.
 We're going to be putting a lot of things off here that we wanted to do. And there's big considerations.
 And if we want to take advantage of the situation and potentially get mitigation money, I'm proposing that we hire some engineering firms or whoever to or some
 foot okay
 So, I'm not sure if that's a good idea.
 standing as in being battlefield correct? Correct.
 It'll be in the paper.
 My hats off to you guys for the work you did.
 at this time.
 If it's not an interruption, then I.
 I mean, I think in no more than four hours certainly, probably less.
 We do not pay for trash down at the town garage.
 But, but, and maybe carry things on. You know, and then, and then
 and you know, so.
 876 was that row number 876?
 Is that still the case or do we just want to do this for the time being?
 You know they they're confident, and they're not gonna you know Trudell's you know I'm not gonna speak badly about them, but we've spent lots of money with them in the past and
 Even if the structures are removed and he puts up another structure, we'll
 Sure.
 There you, well, Jerry did.
 to sign warrants.
 And then they can upsize that collar or make a bridge or whatever.
 some point you can either convert it to a long-term note that you're going to pay off, or you can talk to the bond bank people to it.
 We have to wait
 If the sign was raised would that help? All right
 And I think that's a good point.
 We know for the sum of how much? It's more than that, I think. I wish Sheriff's here. We need to be nice to him. It's about that, though. It is?
 And we'll get a cost from the Chittenden County Sheriff's Department.
 So then we have the RFP for the Pleasant Valley.
 Okay.
 Trudell Consulting has helped us in the past, but given the fact that they aggressively came after us in the last commission hearing with the Chittenden County Road Commissioners, that didn't set well with me.
 And hopefully, we'll be able to get that project done.
 And then we have a lot of other things that we need to do.
 That's a good thought.
 Nobody bleaches them out.
 So then to move on to new business here, I'd like to just start with a piece of new business before we get into this other stuff.
 Yeah, but you can't go too close in.
 I don't mind making a few calls around to see if people are even interested in making this deadline or interested. And then we can either by email
 I don't think we're talking a big amount of work here.
 We have a superior court judgment order against Robert Blaze for a non-permitted structure.
 Does that make sense? But why not get estimates?
 We're trying to figure out.
 But then again, you don't have seven trucks driving around your town.
 I end up thinking way too far ahead.
 I don't think it is either
 And where I'm conflicted on is why do we have rules at all if we're not going to enforce them?
 I've just kind of been in the same.
 I've seen that road get over top twice now in about 10 years.
 great candy and farm.
 Was that ever B71 standard? Do you know what that is? You probably don't. What's that?
 and it's held perfectly.
 I'd been contacted by a couple people in town wanting to know if we were going to do that.
 Well, on Friday.
 We have the May 9, 2013 minutes, which we had the recreation committee in with the pool.
 I've got a better, you know, I have open schedule.
 You just can't get service vehicles in there.
 But I'm, I don't think it would take more.
 And then you have to do it again.
 I've got a preliminary design on paper and the next step is to draw a final plan. Some extra details that I haven't drawn at all yet, preliminary or otherwise.
 do we have to have on these? Well, as I said, we need to, that's where I just don't think, you know, given the time constraint, you know, what do we got? Yeah, seven days, eight days, but the letter of intent needs to go out by the seventh.
 Now that I see what's happened, maybe the 18 does make sense instead of the 14.
 So.
 We'll go to the next step, try to find someone that would be interested in this type of work, get an estimate.
 I know we talked about the grant and until we receive the final word that we have the grant, that we really shouldn't be spending any money. Technically, you can't get paid out of this grant because you've already worked before we've been awarded the grant.
 But we need confirmation from a student being.
 I had a good time with Christopher and Al on Tuesday with all the river and rock issues.
 I know we had talked about the town doing portion.
 I have to leave you my responsibilities as Portland administrator for emergency stuff.
 All right.
 they still do the same thing too. I think it's just people do it because we always have
 Yep.
 I truly do not feel from what I understand of the situation that removing anything on that property will make him go away until he no longer owns the property.
 Is there any
 So the letter of intent would include a description and a total estimate of the project.
 So let's put in a second option, which would be the arched steel.
 Although, if you think about it in a common sense way, someone buys something at tax sale, I mean, they realize, I'm not sure if he, if Mr. Liddell knew that this judgment order was in existence when he bought at tax sale.
 Reimburse for the four and not for the deconstruction cost
 Maybe they could give us a lump price.
 but he would still be obligated.
 I'm not offended by anything that's transpired in the last week.
 Richmond, Hinesburg, Jericho. I've probably done a half a dozen concrete box cultures.
 But we have so much to do.
 I haven't got none of these.
 We'll try to get the answer as quick as we can.
 as far as following the bid process.
 Did everybody review that? Okay, how do we?
 I
 No, I already did.
 You wish there was more emergency outreach, more heads up to someone like you in the middle of the night?
 So it seems like we're in somewhat of a pause mode here waiting on FEMA information before you guys go
 Just
 and minus what it's going to take us to get to the end of the year, minus what it's going to take us to get to August 15th, the next tax date.
 It helps to have a movement to increase the recycling, decrease the trash in the ground.
 I'll do that tomorrow.
 said that he must use an experienced and insured contractor, shall communicate with a road foreman before commencing work in the right of way, or before commencing work, shall have proper signage, traffic control while working within the town right of way, curb cut shall be built to B71 standards, and dig safe shall be called before commencing work.
 We have a board of eight minute meeting.
 Oh, OK.
 We were to get everybody out, whether it was on private property or not.
 wing walls.
 The cost reimbursement is part of that judgment. No, it's not.
 So Irene was the biggest event we've seen.
 So where's the incentive for people to follow the law or to know that there's going to be a penalty or consequence if we just let them get away with this? And it's been going on for years now.
 and the thought passes through all our mind is, if this is someone else owning it who's totally reasonable and genuine.
 information.
 No
 emergency here.
 And what are we thinking? I mean...
 I think the one thing we're missing is, I think we should have a FEMA contact that it seems to me sometimes it's going to you and sometimes it's going to you.
 you
 Okay
 It's still, at least it's there.
 I would like.
 I know for the Dakota.
 Survey the bridge
 I think the last six, since there's six letters in public.
 You go ahead and buy a property at tax sale.
 So we're moving forward in a direction.
 So as I said, this is the Irene Declaration.
 I agree with that.
 So the bigger car,
 24
 Does anyone have an idea what the hour
 It's also coming due the end of the month.
 We just put a quick ratchet strap on it, pulled it back in a hole, and popped it to it.
 give a month to go over all this to come up with an idea what the...
 Any time there's a declaration.
 it wasn't sent by us.
 We've currently helped us on our stormwater discharge permits on Mount Vista and another road that the town owns.
 And if you're not doing this baseline work and having that bid material all ready to go and it takes another whatever amount of time, we're going to lose another year here on Page Road.
 discussion last week.
 That's no big deal.
 All we did was build a road over what was there to get people out.
 We're going to remove the trees out front here.
 Then as things firm up, if you get the FEMA or if you don't, you get more good estimates of what it's going to cost, and we can always increase the amount.
 or just a warm entrance or partner room.
 Good question.
 Red Cross shelter, that's kind of curious.
 So I'd like to know, was this judgment order recorded in the land records? I believe Jeff was getting us a copy to record in the land records, and at such time as we receive it, it will be.
 Engineering firms can do a great study.
 They showed him the paper files and everything.
 Well, I mean it's an option.
 I hear what you're saying. I mean, I agree with you.
 wanted to team up and try to do what we could. Maybe if all the information wasn't there but our letter of intent was there, I'll
 Thanks.
 Okay
 I think they're a security issue.
 So when there is a FEMA declaration, every time there's a FEMA declaration, there's mitigation money set aside to improve structures and roadways that have repeatedly washed out.
 deal with and we should deal with it accordingly.
 put it on the back burner for now.
 And I think that's a good thing.
 I'd like to revisit the page road project.
 set to have someone from Parker and Stearns meet me here to look at ways that we might be able to accomplish that when the
 And the lower part of that, the fund balances, you know, we have a, with GASB we have to have a fund balance policy.
 I, with as small a government as we have here to be involved in the trash business or trying to regulate the trash business, I
 But you've got to make some recommendations.
 The people were informed.
 So that's what we did.
 Nate said we cannot move it to the same bowl as the watch children's.
 So the next owner, this property sold at tax sale last year.
 Oh
 We have not been over there. I heard that.
 So we have the minutes, we never approve.
 Okay.
 I just don't see yet why we need to be, why does the town government need to be involved in trash at all, since we don't own a dump anymore. It just makes no sense. But people should have the freedom to hire whoever they want.
 I'm not sure if that's a good thing.
 And we're gonna be possibly in a whole different situation, but possibly not.
 Yeah, that's okay.
 So maybe we could start there.
 But I believe that if something is repeatedly washed out or having to be replaced or repaired a certain number of times, I don't know if there's a magic number for that.
 I got home that day, over by my driveway, that was a cabin, according to the pictures we got from people.
 We're good. So we'll just find out who's got that from you know, it is Oh Port Starting on my 613
 Does that make sense?
 sink them.
 of the head wall, providing an opportunity for the FAA to split on the bomb.
 If you get the names of those people that contacted you, we'll make sure to get that information to them.
 humidity, the volume,
 just in a different situation here than last week.
 This is something I don't think we can do.
 I mean, that thing was just all.
 I mean, that's...
 So you still have the problem that you have no matter what we do there.
 I trust all these people.
 focus on it with you.
 I also would hope that Mike you'd be a part of that process because I don't know.
 Waiting for the next day right
 And when Nate talks about something or whatever, for me, I would feel more like I'm in a room.
 I just love to see you guys.
 Iverson built it to the town standards because he thought the town was going to take it over.
 And as long as we can do an estimate based on that level of detail, not on an actual design, it's not going to take long to do that.
 And why do we feel that we need to take that on as a select board? The only, the benefit, we have a financial benefit where we do not pay for trash here at the town hall.
 We have Mike Weisel here that's helped us.
 It's going to expedite the situation and everything will flow together.
 misunderstandings.
 And then we can.
 I had put together an RFP for the paving on Pleasant Valley Road in general, but I don't
 So anybody have any thoughts?
 That's for the week.
 for FEMA to give us a go ahead on the B stuff, right? B is what we've already been doing. B is what we've been doing. This would be part of B. They say category B of public assistance.
 station with the state police and the rescue, we wanted to set up a temporary shelter because there's quite a few people that couldn't get home.
 Okay.
 We no longer yeah, we ran the dump in the old days. We ran the U.N.
 said, if we have documentation from prior years,
 would need to stop.
 But at the end, we can do it for a year because you have to have voter approval for the long term, but you can do this line of credit for a year if you're still working on it and you still haven't finished it off. You can renew it for another year.
 Those don't hurt us.
 Customer choice too.
 We don't know how to proceed.
 I don't mind calling Ray Doherty in the morning.
 So I'd just like to kind of go over what this is all about.
 It hasn't come out yet this year.
 to tear it down himself.
 down and they get put in the storage.
 I just wanted to get that clarified because it's an outstanding project.
 or anything but see if he's around and from a distance or just seeing if there's foot traffic or you don't think he's around? No I understand that.
 Thank you, guys.
 70 minus driveway or the landing.
 And I said, yes, we will be putting out a RFP for all of the winter sand.
 They told us we had to help people because otherwise the county...
 Bridge
 you
 And you're supposed to get estimates from other people.
 where I totally hear you.
 And if you do that, you never get anything done.
 But it goes with the property.
 And he thought that was a great idea.
 That's not what they're here for.
 So I guess what I could tell you is I think, I don't know how you guys feel, but we could
 on here but
 So, we're going to be getting a set of bidding documents, you know, the general conditions and the bid schedule and that kind of thing.
 The actual grant, I believe, is the 6, the 12.
 You just need someone to look at it and say, yeah, it's passable, yeah, it's not passable,
 Yeah.
 Thanks, Jerry.
 Yeah, car, they can get there by car.
 meeting
 I think it'd be probably prudent to contact Mr. Lamell and have a conversation with him about this.
 I know Pam my biggest concern with the air conditioning is the is the health conditions for our workers, you know
 So.
 The violation does, but do the cost.
 And I think that's a really good point.
 All that documentation will matter.
 No
 Now the contractor that does it provides the stickers, goes to the store, collects the money, and our hands are basically out of it.
 Bye!
 Oh yeah, when you get the estimates, then those estimates can also flow through to the files that Duane's doing because we want to put those estimates.
 was that yes you could haul some you know when we get closer to the fall October November you know when it's real rainy and crappy out and you want to you know do some of the hauling you can do that I just don't want to do
 you can do it and include it in this emergency category B.
 I call this meeting to order on May 30th at 5 o'clock.
 And this is something I didn't know.
 But if he does, you'll be dealing with a much more reasonable person that will want to work with you and get everything cleaned up. So that's kind of what we have before us is what we have to decide.
 involved me.
 for
 this guy too.
 He has every right to go in there and seasonally camp. And you're not going to stop that.
 short term, correct?
 but only if they can't get their own at their time.
 Both come in on the 20th.
 June.
 It is.
 not find anyone that would want to do this because it would be wrong not to reveal the whole history of what they're getting into before they go there.
 All structures, all tents, those things apply.
 Way to go.
 Who knows, they may try to pull that and steer us down the mitigation line.
 then he wouldn't incur the cost in the long run.
 but we understand.
 I think again Brad's idea of hiring some outside skilled services like you offer might make a ton of sense.
 was here at the last meeting.
 and their upsides to it for the environment.
 want to use.
 Um...
 Yeah, that's kind of what we have decided, but it doesn't mean they couldn't house the thing there and we could take it.
 was not available to be here last Thursday for the entire meeting.
 I mean, is he just doing odds and ends? Do you have him in charge of paperwork? What would he have him doing? Everything there has to do with equipment hours, who went where, how long you were on such and such a roll.
 No
 I think it's...
 But if not, then Robbie can't have his land back if that additional money is tacked on for the removal of structures that are going to end up having to be removed anyway at some point.
 to get in this structures grant, hopefully that will still stay given the circumstances.
 Again, I had you on your back, but I was strongly urged to do this.
 the only consideration.
 I'm always coming in from the financial part of it. And so with this category B part of it, which is all the emergency stuff, which is just one FEMA project, if we get the FEMA approval, I don't know what that is yet.
 Right now I just have it and it sounds like it's going to remain that way.
 Okay.
 And so that's just a clarification of that policy and that's been handed out to the crew.
 off cycle though then.
 Because when he just talks about this stuff, we might not be really getting it into the bucket we need to get it into.
 The pole's been fixed so the wire's
 contact several engineering
 email. A lot of times they send a lot of stuff by email.
 And they listed it and I got bumped out by verbal stuff from the neighbors.
 I mean, it's kind of like you already do that in the.
 You know that's like $280 for four hours now
 I don't think you're going to find many people that would make it to this stage of a violation.
 And I think when Mona mentioned it,
 What do you think our chances of getting that from Mr. Blazer? Probably not very good, but the fact of the matter is there is a violation.
 Good.
 you
 We're going to just take a quick recess until 6, until Brad gets here to continue with our old business.
 now. So where does Dwayne fit in this?
 But don't forget that.
 I know it comes out of having a dump back in the day and wanting to have trash services for people out here.
 Because, you know, I don't know if any of these technical specs go or not. I have to sit with Nate on that.
 But he's a good as a contractor or whoever he chooses to use as a contractor
 So there's five people that in the next, I think it's two weeks, I'd have to look back at the dates, but there's a date when I've said that we need their proposals.
 It was very clear.
 they did a study for us.
 prior to does it count as qualified costs?
 I know I've been here for two washouts of the big four foot culverts on the north and the south. Page Road for sure, but I don't know how that is going to be.
 I mean it would be worth just making a few phone calls maybe to certain excavating companies to see if they're even interested in that sort of thing.
 very living shelters located on the defendant's property at 190 Beartown Road.
 the town has the right to go in and remove the structure.
 I have another agenda item at 6
 revisit this.
 dark.
 Oh, no.
 for the contract.
 Yeah.
 So if they're willing to continue to do without a contract, then no one's worse for the wear.
 that would coordinate days for the semi-annual collection.
 I have this, this was the access permit.
 At 9 a.m. That should be quick
 Yes, I agree, 100%.
 FEMA language restoration of access. It says in cases where homes are inaccessible as a result of the damage, work to establish emergency access may be eligible under the PA public
 recorded.
 So he shows both of these options.
 the mitigation of
 Yeah, but that's just another month goes by.
 I mean, why is he about to break the law and not have to, you know, where's the enforcement then? And I think that that's a disincentive for people to follow the rules that the town sets out.
 You know, whoever, if we did hire someone for this, there definitely needs to be sheriffs involved, and who knows what
 whenever we can.
 Skip it.
 I would still like to pursue getting the prices and then see what kind of money we're talking about.
 Let's meet in the middle. Let's shoot for two weeks and we'll have some answers to you and then
 I was strongly encouraged by Dick Hosking, the District 5 engineer, to apply for these grants.
 Yeah, it's true.
 All right, anything else? Okay, let's just take a quick recess for 20 minutes here, we'll reconvene at 6.
 We're going to stay here for two hours, over here for an hour.
 I'm not going to cry.
 money to be able to meet it.
 did have them on this.
 I would sum up humidity down there.
 You are the star.
 Thank you.
 they're pretty
 deal
 you
 It's going to use last year's files to see if this is second occurrence or third occurrence on some of those things.
 always.
 But I think for me.
 erode erosion.
 And I think that's a really good point.
 and we'll go around the room here and I'll put our two cents in.
 the next.
 $250,000 to $200,000.
 Still have to clean up the math. It's the arm
 It's no longer a town issue, the right of way.
 to assume that we were not involved either until I was told just the other day. Someone from FIUNA explained to me there's two things.
 But then again there goes the time clock the attorney, but do we notify him again that we're coming in anybody that? You know I guess we have photographs. Maybe that's good enough for the contractor to give a price you know
 So you've got a preliminary design on paper.
 Yeah.
 They can make up yeah, go ahead make
 this June 30th.
 Sorry?
 on it because we want to stay within the budget.
 So that would be a date when that present culvert was installed.
 I take my trash to Gainbridge.
 I didn't know with the changes that we've had if we're going to take the money that we were going to use for paving that one section of Pleasant Valley to repair pavement in other areas.
 Okay, so let me put it this way.
 I don't think that's.
 to put together for that. And that's what we'll send out to
 So hopefully we would have contractor presence.
 So we would incur quite a cost.
 I just want to get a
 I came to you and I asked you about our policy and we do have some discretion when we want to hire design professionals and people of your expertise.
 I know everyone.
 You can't get reimbursed for anything that starts before you're getting a grant.
 I don't remember what the date of the board abatement is.
 So I don't think anybody is going to be held up not getting paid, unless there's somebody that's not on the list that we don't know about. So we'll take care of everybody that's not on the list.
 to our banker and they said, Shelley Clanton Merchant said that, you know, it's good because
 That was years ago.
 Money has been ordered to reimburse the town, the sum of $4,080.54.
 Each one.
 through my head is I wonder, do we have an obligation with them to provide, I wonder if there's some connection there, just to talk to them about what would they think if we didn't support a trash hauler.
 contact the school.
 Ready to go for Page Road.
 We need to move. We need to move.
 You know, I don't know.
 So, anybody else?
 So it's attached to the ground, pinned to the ledge, and then it's a little bit more
 Exactly, and that's the thing.
 Thank you.
 Someone needs to stop by to do warrants.
 couldn't get in or out during mud season.
 be like 50 or 60,000 maybe or whatever. Like you said, we don't have all the invoices.
 I didn't get a hold of everybody as to exactly what the damages were.
 And I think we caught
 Okay, I gotcha.
 It's just whoever did, you know, ran a stream and you've got to reach down there to get
 It's nice to have a map of the roads.
 was not possible to evacuate anymore and they should put on their back what they needed.
 Yeah.
 Yes, it'd be, well actually it's to the state of Vermont.
 can be contacted and I'll get the answers for them.
 You know at least
 I don't disagree with what you're saying, but then where is the consequence for illegal behavior?
 records for that stuff in my files as to who bid it and what the prices were.
 Exactly, exactly, right.
 people have many choices for trash.
 with you.
 406 mitigation
 So as soon as we get word, we'll let you know.
 Right.
 I don't think you'd be talking more than, I mean, I don't know.
 obligation to the tax sale to get title back to the property.
 You're wondering if Mike's still interested.
 the law. And that's what we're, as taxpayers, is trying to do.
 I don't mind working on this over the weekend, but we need to come up.
 And you also have to look at this from, are you poking a bee's nest here? Because you go down and you tear all those things down.
 I think we set aside about $5,000 for some engineering ideas for downstairs.
 to refer to this policy.
 our drop footing.
 that we should be up there working on.
 Okay
 All right.
 I just wonder why it was on the agenda.
 So all those culverts are parts of the road that FEMA's looked at, so they're going to be part of this project.
 And Wayne has been working on gathering all those pictures and we went over with him how
 about this as a motion can Donna can you get feedback from them on whether or not they continue if it wouldn't interrupt the service and they continue to sell stickers and then we revisited at the next meeting to the contract itself if they're if
 So it's nicer to have the concrete box covered if you can afford it.
 Basically, we just need to, I don't know, there's a website I forwarded to Donna.
 I don't have it in front of me but I...
 And if we don't enforce the laws that we set up, then what's to stop the next person
 But it's just something to weigh into the...
 And I'm just going to give you some names of who has worked for us in the past.
 That sounds reasonable.
 It's good just to get the paperwork set up for a line of credit. Choose a number that we're already approved because they have our financials from the end of June. Just choose a number that will get us through the emergency part of it.
 that one coming up.
 in stone from anywhere, anything like that. How much do you expect? We're not going to see...
 I'm sorry.
 some of the critters, but then on Saturday, you should not touch anything further than the right way.
 I don't know how to accomplish that, but I hear what you're saying.
 Easy.
 we put in there Friday was putting terrible.
 Is there any discussion?
 with the cash.
 back when we started it and well, still is really.
 What you're saying? No, I'm not saying they can't spend money. We're saying that
 the letter of intent needs to be the 7th but you need to get the engine.
 you have any input as to a particular list of people to get bids from, or if you want to advertise in a particular paper, you just want to leave that up to us, Burlington Free Press,
 So now we have the town hall restoration project. Donna emailed a detailed report of what needed to be done.
 I understand that things have gone on in the last week and that flooding takes precedence.
 Those trees that are in the brook are they you think they're in the right away or are they across the stream? Yes
 I'd like to make a motion to
 Okay, so the 11th we'll do, and then we'll just 18th, and then we'll get on.
 So would you consider this an emergency? Yeah, so
 temper effects.
 Okay.
 I'd say a couple, three days worth of time.
 But I kind of have to agree with Seth.
 You could be up in the corner of the Northeast Kingdom, you're not even involved, but this mitigation money is public.
 So and as I said before I'm not going to send our road crew in to do this work. It's
 going to have to get personalized.
 It gets quite warm.
 the mail will be responsible for that.
 Amen.
 Sherry could probably help round up all that info. Do you have any idea?
 So there we had someone, illegal structure.
 happened.
 for everybody to look at here? You know, we have a purchasing policy, but in emergencies, we don't really look at it.
 We had to use native stones.
 All in favor. Aye.
 I mean, I think that's a good point.
 That's fine.
 So I'm just a little kind of questioning the time between the tax sale and the lien.
 So I just wanted to see the AC units get put in.
 And the deadline for medication applications or grant letter of intent applications is
 Maybe the church in Park Street would make sense too.
 You know.
 It's just that corner. We're talking what few loads like of stone
 weekend, probably around 60.
 So we really need word from FEMA or whoever up top saying this is how it's supposed to be done.
 And I checked, there's maybe four people I don't know, and I'm getting the contact information from them.
 of the waste and recyclables in a newspaper.
 and stops your incurring.
 And then as things happen, you've already got it established to draw on.
 Did you see a spot that looked fitting and wouldn't be in anybody's line of sight?
 We've made some conditions there, I think.
 this
 So we got a lot on our plate in the next week.
 the attorney or the court.
 did an Irish settlement, English settlement, lower English settlement, they did a drainage study.
 I noticed that someone always slips away and construction time slips away.
 and it's been turned into a garbage dump with illegal structures, signs that are very threatening and warning that don't even belong there.
 And then add that information to the list that you have.
 Okay.
 I know that Karen McKnight saw that structure that is on the court order and there were lights on and people have been going up there.
 So that's kind of paradoxical.
 quoted from Camp Precast in the Milton, sitting at mid 40,000 range.
 So we've got Iverett Settlement Road down on the north end.
 right now, just on a triage thing, looking at North Underhill Road is going to be, is
 So I'm trying to keep it light since she's covering.
 I mean, I'm sure they're expecting me and said that they can't get in there.
 Yes, sir.
 But the majority of the structure stayed, everything else went like a pager on that steam cooler. That was the only thing left.
 Yeah
 So I think between the two, you're fine. Between the loan from the bank and this, I think you're fine.
 is to recycle and reduce trash that goes into the landfill.
 Go ahead.
 Somebody needs to make a recommendation of what to put in there.
 Yeah.
 My question, I guess this is more of a general question, is why?
 We had some good veins, but then Sunday there, we're running low, we get sandy pockets and trashy stuff.
 it hard to see pulling out of the driver's nose.
 So thank you.
 just continue the agreement we had.
 I think that this, that you have there, that outline of exterior repairs and replacements that you have, speaks for itself as far as it goes, but there's the issue of the storm windows.
 And I think that's a good thing.
 I'm out.
 I
 I can do an estimate of what it would take to replace that with a larger structure.
 That's my question.
 and we get a roll off, two roll offs a year.
 And I'd want to get a price before you got involved.
 So it would be an ongoing dispute.
 It doesn't.
 archives.
 split it up to, you know, come up with a list of projects.
 Anyway.
 I just think I'm the on thing is if we enforce this rule. I don't see any behavior changing until he loses that property next year. But that's no reason maybe not to enforce rules. Maybe
 So when we do get that grant, we can put it out to bid and get it done.
 And I don't know how we'd ever enforce him.
 Well, I missed the whole thing.
 for the payment.
 The question is on the private roads like Beaverbrook and Kelly Road. Those private roads, fire department can't
 Oh, wow.
 Nail that down.
 Who's going, anyone going on vacation that week? Yeah, I'm going on the 4th of July, and I'm actually going on 6-27, but I'm going to do 6-26.
 up quite a crater on the north end of it.
 And then we'll figure out what we got money for in the budget.
 That's a good thought.
 Nobody cleans them.
 And that is 406 mitigation.
 you
 We're going here.
 It sounds like we would have some coverage under this plan B.
 That's what I'm getting at. You can get that information free.
 So.
 Or could it be raised?
 remain.
 And basically that means that Mr. Blaze needs to come up with the $25,000 plus 12% interest in order to get his land back.
 We ran the dump and then beyond that we went to stickers and it used to be you just went out and paid whatever.
 That's important.
 All right, well, we'll have to set it up.
 And just the fact that we're having this discussion about potential exacerbation and, you know, even say repercussion, that is just, that's not the way a citizen is supposed to behave in a town that's governed by rules and regulations.
 do all the work on the range.
 I'm sorry, I'm not trying to start a conversation here, but I just want to say that I think we're
 So we could review the minutes from last meeting.
 If not, it'll be the following.
 not just the one that we know about.
 I'm sure they might have others too, but they would accept.
 they'll pay you to replace the similar one, but a better one.
 I'll be back in a second.
 Those have to be done anyway.
 As a discussion, I would.
 Yeah.
 Well, I mean with the preliminary.
 local guy.
 So it's for everybody.
 I'm not a big fan of those AC units.
 with respect to the Arab
 The unit will
 And we have to go in to fulfill our obligation of enforcement.
 There's a beautiful little hand laid wall there on the east side of the inlet and it's held perfectly. And you can tell it's got to be.
 So we have winter sand hauling winter sand.
 So we're talking about two different groups here and two conflicting groups.
 If there was a new structure? Yeah.
 But you don't have to go through a formal bidding process if it's going to be a good
 I have no clue.
 I even ran it by the engineer, the FEMA engineer when we were out there. I said we have ledge in the bottom of this. I said we'd like to pour two
 This is just clarification.
 And I gave him a call before I got here, but he was gone.
 It's very emotional.
 But I agree with Seth. I think we do this, we follow this judgment order.
 Clean green
 But like Nate says people can get out both ways. We're not holding anybody. All right
 and have the tallest thing, yeah.
 Probably mid-June. Mid to later June.
 have anybody like that.
 businesses to discuss storm damage.
 Excuse me, we just gotta finish up this and we'll be right.
 we have anything how much area do we
 He knows if you get an invoice from Jim Bedell and he worked on seven projects, he knows
 But you should probably try to get a quote for the whole road, just a quote, to get it back to where it was.
 It doesn't have to be an RFP, but you should try to get two or three estimates. If you don't have that many suppliers in your local area, it's okay to get one.
 So I think that's a good point.
 They already have the relationship, people are already using it as a vendor.
 Yeah
 Given the circumstances too, I don't know. We put the old air conditioning on.
 And that I completely understand.
 sit down when they need to come up with some and then we need to have some
 business point of view of a small heart may go out of business in a town like when you
 First of all, you just got to call these people and see if they can even meet this deadline.
 can get different ones.
 So you wouldn't have to worry about that.
 It wasn't very comfortable, you know in the garage and with stuff going in and out people going in and out the doors are open they try
 And first on the agenda is public comment.
 it on every single day. Do something on Monday, come Thursday you're
 somehow make that decision to go forward with that.
 I really do.
 I very much strongly would hope that Mike would, I'd like to make a motion to keep Mike on here working away at this because there's, I must say, there's very, very, this is a complicated project on this building.
 And we're going to have to reschedule that because I totally forgot about rescheduling.
 of us.
 Those are the people that have helped us in the past.
 It is not a normal deconstruction process, I'd say, from what we know of the property.
 I never had a problem with that.
 I did hear some comments from V-Trans out there that, you know, I talked about the structures grant and then there was some backpedal. Anyway, but we'll see as we go forward.
 We've got Dune Road, you know, multiple times, that stuff. We've got places all over town.
 I thought we could come here, but this is kind of so out of the way and no one was here. Someone offered at the church, but we wound up going to the Browns River Middle School, the Red Cross came.
 need a structural engineer and we should hire one of the big guys
 O-I-P-A, not I-A.
 And they said you could also go to the voters, see if they want to do a bond. If it's too much, convert it to a bond.
 That's good.
 adding the 11.
 And...
 And I know it's
 that's a new violation.
 Originally we put the AC on hold because we weren't sure it was going to work with the new layout of the downstairs because the wall is being put up.
 we will be reimbursed that money one way or the other from the legal fees.
 Who thinks she took it backwards?
 I just went up there tonight and checked it out.
 people we've used in the past.
 What?
 If you don't, you have two or three people.
 structure there.
 Mona, why don't you take a whack at it for a little bit with what your thoughts are. Oh, well...
 So we'll keep in touch with them on that.
 Discussed that with the town crew, went over that with them.
 June 27th.
 I suggest we put it in a local paper in the free press prior to 7 days.
 That's above and beyond the
 emails done.
 That's another concern.
 But we've been told that we will be, I don't know how it was, what do you want to call it Donna? Was it a pre-approval?
 I don't think it's necessary to go out and design something.
 So we would need to go back to court again to recover our costs.
 Next select board meeting will be the regular meeting on June 6th. Made arrangements for Sherry to take the minutes on that as I won't be here.
 need to figure out.
 out yet.
 And I think that's a good thing.
 I'm with you about the liability.
 as we would in the paper world.
 opportunity.
 It's like starting a cleanup process that's going to happen eventually anyway, in my mind.
 Right.
 We could ask the sheriffs, they've probably been involved in these situations.
 We would need to hire sheriffs to escort him. We would need to give Mr.
 Yeah, I think we should avoid, obviously.
 I don't want to make that sound the way it is.
 And they've given you a proposal which is kind of the basis that we started all this on.
 I don't know where we stand in terms of continuing on with this evaluation and inventory process, or whether it's on hold temporarily or permanently or what. But my next step, if you want me to continue with any of this on the town hall restoration, would be to speak with someone like Parker and Stearns and get some hopes for what we would possibly be able to do to improve these windows.
 We did that, we couldn't spend very much money, but the select board can in an emergency reduce that, that we say we're keeping.
 Yeah, so we can set them up with an email and he'll get the access down there and stuff. And then he'll know when it has to go to that quick.
 steak.
 advantage of the money.
 This trash thing goes back way before my time here, from my understanding of it.
 You can't gang up signs like that.
 Yeah.
 But now it sounds like it's getting out of the realm of the handwork type thing and more machine work.
 to call this Thursday, May 30th Select Board Meeting to order at 6 p.m.
 I think, you know what I was talking to, he's taking, he's sitting at the computer downstairs, that's free.
 Yeah.
 running all over you, the duplication of travel.
 I'm willing to work.
 Just so everybody can feel somewhat reassured that.
 So I think we're all as a board trying to be very careful to stick to our policies, have the proper hiring practices in place.
 So much egos and everybody in response, okay
 Let's shoot for two weeks. How's that?
 Excellent.
 Go ahead.
 I'm going to go ahead and ask the question.
 This is just clarifying
 is that there's definitely, it's a loaded, you know, and that's again why we don't want to ask the crew or someone like that to be involved.
 couldn't find anything in our road policy or otherwise that would give us the authority to deny him that.
 Should be 15 minutes.
 liable for buying new velvet shoes.
 I mean is that something that would be in the category B? So it's just all part of the emergency or is it something that would be in the final?
 Bottom line is the town's cost of reestablishing emergency access to residents should be PA eligible.
 Just
 by 12 maybe with a loft, rough cut lumber, 6 by 6 posts.
 That's nothing that we have anything to do with, the signs and so forth.
 in this preliminary plan together that I've done so far.
 It's 406. And this is 406.
 We need to sit down. Well, we should decide we've kind of
 So I think we just need to move forward on the AC and then take that You know having an architect look at the layout down there as a separate. She made a lot of things to change anyways, yeah, right so whether
 It would be nice to get a handle on that yardage.
 We're not really gonna set the tax rate tax rate sets itself. Well, just leave you
 And I think that's a really good point.
 this overall picture right now, Nate.
 which I got off to them today.
 I think.
 Yeah.
 Yeah
 It was just a convenient way to do it with a tank of bullets.
 don't have by.
 And I guess my only concern is I don't want to keep him from something else that Nate and I want to coordinate.
 So.
 that it was going to be too big. You need bigger rock than that.
 That's a better
 So
 know if we could find one more back and I know 90 98 I think or 96 there were some big that we have I
 everybody else is either in our vendor file and get paid immediately or
 And then hopefully all those invoices will come in hopefully soon and Nate of course will prove and make sure that we don't get charged for maybe a private road and not a public road or whatever.
 I think the only thing we need to watch out for is that no one's service is interrupted.
 So he had until May 4th, 1985, he had a very good relationship with the city.
 to be coming in next time. That would be good to bring in.
 It really brought it home.
 now.
 And as I said, we would have to go get another court order in order to tack those costs on to this.
 I'm going to move forward.
 And I happen to know all the engineering firms in this county.
 I'd be eating my words if he's there in the spring and re-bought his property.
 I don't know about that, but I'm not really concerned
 You're too busy for that.
 The only thing it doesn't have is additional technical specifications.
 I'm not sure if that's a good thing.
 work.
 We need a motion. We're not spending any money right now, so I don't know.
 Practice next.
 Just give me any
 Oh
 to evaluate them and decide who to get to do the job.
 It just keeps going.
 That's true.
 I'm happy to continue with the air conditioning element of this as well if you want me to be involved in that.
 Okay.
 Yeah.
 She's great with maps, too, if you do your label.
 the time once you got it.
 And see if spread this how many structures? Well, I don't know that we need to come up with a inventory list. We need to multiply
 Do we have an understanding there, Nate, about that, or do you have any comment? Okay, thank you.
 And then the other thing is we have a special select board meeting June 24th at 9 a.m. to set the tax rate.
 So did you like...
 So they asked me to get as much information as I could on that.
 And my hourly rate is $70.
 like this between now and then to reach out to five different engineering projects.
 What is this building? Well, it's supposedly a sugar house.
 But yes, I believe it would.
 So I don't think there's a financial risk to the town for expending that money.
 And we put a date on, you know, where we want all that material.
 people
 If you're ready to chat.
 you
 you know.
 That's good.
 You can't find a competitor to get another bid from because the other guy didn't have a long hold. It's like a tree trimmer.
 We could talk to Ray Doherty, who is the contact.
 neighbor to go into another neighbor's property and burn their property down.
 Not that we should live in fear because of that.
 I'll have two of them.
 footings and put the arch box in.
 Now I just want to talk about the page road, I know it's not
 Jerry's idea.
 Conditioners back in.
 And I think that's a really valid point.
 Documentation in the meantime back it up, but I know you know we've got some records in the vault downstairs of various flood events
 So, if you could come up with a list of the structures that you're worried about over the weekend, and then make a few crawls and see if you can divvy this up a little bit. Get Shane Plank to do one.
 You should try to get two or three
 I again question, and I'm sure that I don't, Moni would speak to this more than I, but I wonder if there's any type of liability issue at all to being involved in a contract. I don't know.
 that.
 I'm not sure.
 do nothing until we hear back from you at this point.
 I think from what we just read there in the policy, I think it makes total sense that we hired Mike, who's such a good fit for this project.
 Is that something that we have to... Is that what you're here for, Terry? No. Are you here for that or not? Well, you have everything else. Not really. Did you talk to Bob Murphy? Yes.
 Don't
 Yeah
 Anyone here? Public comment? Okay. We're gonna move right along then to discussing and enforcing court order 13-111.
 to do.
 You're going to forget what you did on Monday, where you went, you were over there.
 and there are downsides to it for small haulers.
 to make those calls and getting estimates out of this group.
 And I know if we had time, if we had time, I'd just as soon split up.
 I think that, you know, the cash is there either from us or from our partners at the bank.
 Okay, so we have the...
 So I think, and then the.
 We're going to go instead of July 4th. It's going to be July 11th and then back on schedule July 18th.
 I don't know if we need a motion, but I agree.
 So we wound up, we were kind of flailing around where to go.
 Well, that's why we needed that letter from the fire department saying they can't get to vehicles.
 And like I said, we're very close.
 I don't know.
 comment I'd like to hear from other people first. Sure.
 all very well qualified.
 possible.
 said that Mike could not have this contract.
 had no documentation, but neighbors stepping forward
 I mean, you know, if you have like the gravel, you know, there's like two places you call, but you always go to one place.
 So I think that's a good point.
 situation on Silly Hill.
 I would like to contact
 We had put in the capital improvement to reconfigure the downstairs.
 I understand that, but we have, I think in a way, we have done justice because we went to the fact to get a judgment order.
 you
 I don't know, this is a difficult situation.
 new enforcement.
 I truly do not think, in fact, it may encourage more behavior that you don't like by exacerbating the situation.
 I think what I'd like to say about PageRoad is I realize that we shouldn't spend any money until we get the final grant in our hand.
 like to talk to them and see just how involved, what's involved.
 These are, because this order only speaks to the $4,000 and not to the cost of the removal.
 money, but again, we're
 Just a reminder that the policy basically just stating that crew or anybody in the service of the town cannot use town property or town tools or anything like that to do anything with their personal equipment.
 I'd rather do it then.
 donate that'll all be part of the RFP.
 So then you can drive over it. So you guys did a great job.
 So that's definitely a good tactic for sure.
 I've got just some rough estimates here and there, not on everything, but they were happy just to get the list.
 I don't know, maybe they're...
 But again, we do understand that in order to do that, we'd need to find a contractor that would do that sort of work.
 I didn't say that, but there were some other things that were said. I don't want to go there because I want to put that behind us and we can review the tape from last week because I thought it was
 Well, we've used, you know, and Mike's sitting right here, but I don't want to speak for him, but, you know, we have Champlain Consulting Engineers.
 Okay, but if, let's say we, theoretically, we go in there and we tear everything down and take down the tarps and everything else.
 And I think that's a really good point.
 class 4 roads, and paper structures only. So the town can be any or all material, whatever it takes to grab, grab all the base material in any class 4. So that includes the potholing road,
 Contractor you're talking about?
 I mean, say something happens, and then somehow are we connected in, are we party to the suit, if there was one?
 And if we remove the structure, we need a new court order to recover the demo costs.
 That's it, I tried.
 But I think it's kind of important to have this.
 It's all our money anyhow.
 I find a little out of the ordinary from most towns that were even involved in trash and I
 You can move it south.
 we're saying we have to keep 15% in there.
 can set them up with an email.
 I don't know if you've ever been to a place like that.
 events of, I guess it was a week ago, your last meeting. Yes. Let you call me and say stop for now.
 can hold off till we have a better idea of where we are, what's going to happen. I don't know how you feel there.
 and funds are tight and we have a lot of expenses, but again, you don't not enforce rules because they're expensive.
 And I've contacted them and told them what's up in terms of we have to get multiple prices and they might want to come and look at it again and make sure that their number is still the number they want to go with.
 Thank you.
 The bid process shall not apply to the selection of providers for services that are characterized by a high degree of professional judgment and discretion, including legal, financial, auditing, engineering, risk management, land surveyors, and insurance services.
 I was out of town.
 I know we had a discussion of trying to get one contractor to handle at least one section of town.
 Probably unclear when we might even get that clarity.
 And if they can't, then we drop it, you know.
 Yeah, I guess that's about all I have to say.
 Yeah.
 This is a continuation of last Thursday's meeting.
 Trash
 And so I gave him all the FEMA files from last year, how they were structured with the
 Do you have any names? Did you call around today at all? Would you like me to do it? Okay.
 Okay.
 If an eligible applicant has legal authority to perform the work and provide that the emergency access economically eliminates the need for temporary housing.
 I think in certain situations, this situation is okay because there's plenty of sight distance.
 the Culver's doll on them.
 What was her, um...
 And what kind of incentive is there for him to stop breaking the law if we don't enforce these judgments? I mean, he's been living there when he says he's not. He's put up structures which don't belong there.
 clarify one more piece on that.
 dangerous.
 So when we put it out to bid, we'll get a price for each option.
 But then we'll be on to another mitigation.
 What do you need from us in the short term? Can we go around the room and go back to that? Donna? Emergency management asked me to try to collect some more information on private individual damages.
 Yeah, but that's too soon.
 to
 I can bring my instrument over and take a few shots and estimate it. It's kind of cone shaped anyway.
 So it's almost kind of like that, right? If it's an emergency and you can't get in or out to their property.
 Review the text, right.
 I've seen one yesterday.
 is public assistance.
 Mike and I have talked about it.
 The AC, you know, the unit will still be good whether it moves to a different place. Yep. I don't think
 It's a shed type structure like with a loft in it cool
 And we have no part of your dispute with the right of way.
 I told you before and I'll stick with it that I'm not going to charge you for that time because you're volunteering your time and I'll volunteer mine.
 you
 From my perspective, I'm in it.
 saw all the records in the vault down there for that event.
 So we can get maybe a better replacement than that.
 We talked about using the youth conservation corridor.
 All we know is they went around and did a tour yesterday and then they went off to their office and we haven't seen or heard from them since then.
 And I think that's a good thing.
 I'm not sure.
 Town Hall used to be involved in making stickers, collecting money, doing the whole thing.
 I think we have discretion.
 I know all of them personally. So this isn't any conflict or I'm not trying to give suggestions.
 now we're having the same meeting again.
 We like the sidewalk grants or anything where you've got engineering you do ahead of time before you get your grant. It's not qualified
 Hopefully we would have a share price.
 I'm not sure how much, we could get estimates, but we would incur quite a cost.
 Includes turnings fees, zoning administrator's time, along with some other things.
 Thanks, Nate.
 I know we kind of said.
 or two people have some paperwork they gotta get back to me, but it's gonna be fine.
 And then we just kind of gather information the way we did last time.
 So my thought would be I'd like to get some feedback from Clean Green whether or not without a contract if they continue to sell stickers and continue to do their work out here.
 I'm just wondering what he needs in the short term between now and in our next meeting a meeting next week
 people like you and you talk to the neighbors and people have been around a while and you get them to put it in writing. So that I think would help.
 I guess it was just discussion, I don't, well.
 contract.
 I did just a general what we're looking for type of surface.
 comes up with a tax sale money, he still retains title, but these still hang.
 to those.
 Yeah, so I was hoping also, I think Mona's too busy to be out there looking for contractors and putting out bids.
 And if you label them, I mean, Kerry knows all the roads.
 We can't cut or move anything out of the road.
 several engineering firms, that sounds good.
 Just a little.
 everybody's got a pretty comparable operation.
 I agree with you.
 I think you're going to go to Asia.
 So I think we're in a holding pattern for two weeks. Come out here and take a look and give us the price.
 I know it doesn't, but to me it feels like.
 I tried to clarify that today and I'm not 100% sure but I believe it would.
 I think he knows what he was getting into because people had spoken to him.
 And then with the town hall, what are we talking total here? Oh, I think I've got something like 11 or 12 hours total for everything. Okay, right.
 have time to do something
 I'm not thinking of this situation whatsoever.
 I haven't seen any of the invoices.
 And the purpose of that's very unlikely that there'll be any kind of federal funding on the personal level, but it also helps assist in the picture of the public part too, as far as damages that happened here.
 minutes because I did read them. I just wanted to make sure.
 And then I also wanted to discuss, we do not have a meeting scheduled for the week of July 4th because the select board schedule would make it fall on 4th of July.
 That's right.
 I hate to say, but maybe 1,500 to 2,000 per location, per project. I don't know.
 It is separate.
 Yeah.
 state of Vermont.
 So it's always just.
 Don has got both your contact information, I think.
 Which means there's only one person who can do it.
 It's not, it doesn't take very long to come up with an estimate of what it's going to cost to build a similar structure. Okay.
 I'm questioning why we need
 I'm just gonna call.
 I make a motion to adjourn this May 5, 2013 Select Board meeting at 6 p.m.
 How about...
 We have 44,000 in our contingency rainy day reserve fund that we can just, that's going to take care of, I think, a huge part of that.
 So we never see.
 Can you go over North Underhill Road? North Underhill Road.
 I remember I remember someone point that out so
 how they could have been on the process and when that was carried.
 bring a bell and the gap improvement plan. Does it make any sense when since Mike's on all this stuff is on the building is on the AC for him also just to get someone looking or him looking at or someone looking at this so that it is at least partially part of the plan you
 I don't, you know, it would be great if we had all kinds of time to put out an RFP to several different engineering firms and to have them.
 of the concrete rectangle on the footings.
 Otherwise, why do you have it on books? And then what's to stop other people from feeling, oh, Robbie doesn't get anything.
 move quickly here.
 He's proven himself to be a person that will live in very, very rough conditions.
 But if something happened here towards the center, it would just be nice to have multiple locations.
 Sunday is kind of the last time we really went at it, filling holes.
 what we could reaching off the down road, some of these houses going inside.
 have to pick the $2 million number, just say a couple hundred thousand, whatever.
 No, we're off week already.
 I don't have a new board of the whole white do we do?
 I thought it was a bear's professional engineers the
 bought the land up there because we didn't want that to happen again.
 There's risk to the town to go ahead and enforce this as you can see, right? There's a financial risk, there's other risks.
 Campaign consulting has worked for us.
 The multi-plate arch pipe or arch culvert that go down on the footings is in the $7,000 range.
 I would think there's a lot of, he concurred that there was a lot of mitigation money in there. And that we would probably qualify for that.
 And I totally agree with that, but I don't think that putting this off until January is the right move, to be perfectly honest.
 Can I just get one more step on this one? One of the other questions, Mike and I talked about this project and he was going to meet, like he said, with the window piece, but the other thing I just wanted to do
 So,
 sheet that I laid out there.
 environmental benefit to it.
 but we've got to get the letters out first.
 I want to tell the team of money or we get commitments from FEMA.
 but I don't know how we'd accomplish that.
 Good package stuff.
 contact six engineering firms.
 All in favor. Aye.
 I just wouldn't ask them, ever ask them to do this.
 have to, I don't know, we'll have to
 So I'm not too far off, but there's a bit more time involved.
 So it just lets you know that part.
 And I would propose that, again, you're going to be hedging some money here. And I don't know if you ever have you ever applied for any of these grants, Mike? Can you guide us at all? I have no idea, but they just said they said it doesn't matter.
 And the other thing that we did was for emergency purposes.
 That one's just a.
 And I'm going to do the same thing with the other side.
 I've been told by
 amend the
 718
 I think some of those stones came from an old foundation I had.
 406 mitigation.
 tomorrow.
 I'm sorry.
 have to use the third version.
 So we have the town garage heat approved audit.
 of the cost implication of this, as you say, hedging the bet.
 We went through the motions they respected the
 down there it's functioning that's the way I see it.
 I would like clarification from our attorney that that will be tacked on to this judgment order.
 you can serve in the respect.
 We need to be very careful that we don't start working on people's private roads and start some awful chain of events all over town fixing up private roads if we're not supposed to.
 I guess this was from Brad, of the people who were out there.
 I'd like to make a motion to approve the minutes from 5, 9, 13, select board meeting.
 Sometimes they require drainage studies.
 Is there that much?
 There seems like a little something there that's missing.
 So
 And I was, I.
 Yeah, that's fine
 there.
 That's already June.
 haven't been removed from a right of way that I have access to because we bought land up there, still things that haven't been taken care of, and he's turned it into a complete dump.
 So, you've got a full rundown of all the things that are recommended, and then you can take that and go out for bids from contractors that would be able to implement this work.
 We got the sheriffs, we got a contractor, we got an RFP to write.
 It was either by the
 I can move it towards her laps.
 So we have the sign.
 I want to keep on that one.
 And that will also put it on the website.
 a lot of fun callers.
 So it is set up and ready to go.
 Oh, right, the policy.
 Oh
 gap here at 200.
 I'm going to go ahead and show them off.
 They said they wouldn't put a big truck up there.
 And Sherry has, I think, a little control board piece she needs to have done.
 The bottom is concrete box culvert.
 Okay.
 I want to kind of sit through this and I want to talk about some new business.
 It's a fear for us with our kids to have people going back and forth there that aren't what we would consider neighborly people.
 I know, but when you throw this tax sale thing into the mix, and you think about, here we are, it's going into June, six months.
 Okay, so I don't think we need a motion.
 What do we feel? Do you have anything to say, Mike, or anything you'd like to say?
 I think
 I'd like to look at why we're involved in a trash contract at all.
 That's fine
 as well as temporary immunization.
 action taking the status like what needs a check in the sign regulations. Yeah.
 We have like about $400,000.
 Let's just take a 20 minute break here.
 I think one of the other reasons that we continued it all along is the big emphasis
 We can't just go out to Irish settlement road.
 You know, just an estimate.
 Everyone's out.
 But the financial part does, but not looking for those contractors.
 See ya.
 So there is a small financial upside to the contract, but at the same time, we're also, I think in order to renew any contract the size we'd want to get RFPs or get it there out to bid and make sure that it's the right company and doing that.
 And I think that's a really important thing to remember.
 I mean, you guys are all working well on the ground. You're doing your thing, you're doing that.
 What year was that rebuilt?
 It's been moved up yesterday, but yeah, we got erosion all over the place
 Now there are two of us.
 That's true, we're supposed to help these people in category B right now. We need to get on that and finish that part of the wrap.
 Utility
 and then we'll make that decision.
 But mostly my stuff has to do with structural damage. Not structurally in terms of necessarily road structures, but houses, those things.
 at North Underhill Station Road is still remaining closed to through traffic and still drive with extreme caution.
 Should we make a motion?
 And how much trash do you have over there at the garage, Nate? Oh, I think it's a two-yard dumpster, and it might get filled, totally filled, maybe once a month or something. Yeah.
 So I'm not taking that away from you for a second.
 But I find that if we spend a little money up front, whether it's not in the grant, but a little money up front to get ourselves in a better position.
 He's allowed to be on his land for some periods of time.
 Sherry has to run the dehumidifier all the time in the wine cellar vault.
 And as I said, just try to contact some engineering firms to see if they can do it on time and just go there.
 And then, but then we thought, well, maybe this project will be too expensive.
 So by divvying it up I think is an excellent idea.
 Jim Ryan was willing to meet with Nate and look at the site again, but he thinks it's a potential for the Better Back Roads grant.
 your brakes are on until we get more word from FEMA in what direction.
 what I thought I heard.
 I personally would like to go forward with that. I agree.
 That's a good thought.
 knows what everyone is breathing in. And I just don't think, I think they're extremely unsightly, hanging out the windows.
 and I'm gonna explain what that is.
 If we can do that between, like I said, we've got lots of things going on, but if we can try to do that between now and next Thursday, we'll try.
 Well, I'd like to actually just I don't know if Carrie has anything to just add as an overview and then we can hear from other folks Just a point of clarification that the order does allow the town to hire a contractor to go in and move all structures on the property
 And we, like you said, we should live in fear, but at the same time you're saying let's not stir up the hornet's nest.
 very well qualified.
 It's money well spent hedging our bet that we've gotten a pre-approval of this grant and we're going to get there. I just think it's.
 Go ahead, Maura.
 In the next 30 days we have to find a trash service for the town hall.
 was still there. And now in the air, the ones that keep reoccurring, they
 I had told her we were looking at a couple of million and she didn't seem to bat an eye.
 Is that going to make much of a difference?
 We're just going to kind of discuss this minutes while we're in it just because it's
 So we have tax sale and
 But I think it's well worth, you're very close to being finished, is that correct?
 probably guys on the fire department probably know this guy.
 So that's the way to remember.
 It sure seems likely that Lomel will wind up with the property. I can't say that for sure.
 I think yeah, I think that would be a reasonable so you know at least
 All in favor? Aye.
 Someone has to stop by and do those anyways. We're talking about just a regular meeting.
 I mean, I think that's a good point.
 But if it's pre-existing in there, they won't give you any money for it.
 It could be a large pipe or it could be a concrete box.
 If these particular projects are going to be under $15,000,
 But you know what, I just want to tell you, you know, we talked about hand work, but you shouldn't scoff at that because over on Irish Settlement Road, the structure over by Mike's,
 And like I said, I wouldn't have known any of this unless FEMA told me and Dacostings from District 5.
 But that was DOT, that's not FEMA either.
 coming years.
 I mean, the judgment orders here, he didn't fulfill his obligation to tear down the structure.
 the same ones they get taken.
 decision and remove the structure.
 This is non-refundable and they should have some skin in the game.
 I mean, I think that's a good thing.
 As a result, you must spend an average of $650 per worker and begin a 10- to 12-week process to replace them with the H-2A program. The H-2A program should extend the same freedoms to American farmers as Congress originally intended. They should be able to exploit illegal foreign workers after exhausting all legal, local employment opportunities and options in the existing state.
 I am pleased that the State DEC and EPA in consultation with New York Farm Bureau and others came to an agreement to accept New York's watershed implementation plan.
 We know that these issues are difficult and controversial at times, but growers must have some assurance that they will have a consistent skilled labor workforce available to them that will be willing to retain trained workers.
 be the largest industry left in the United States.
 I think that's a good thing.
 I mean, that's just ridiculous.
 Borrowers however have almost no choice but to use this program if they wish to secure legal employees skilled enough to perform the required work efficiently and on time.
 But the family farm has changed significantly over the years.
 legal service attorneys constantly look for areas to litigate. The 30-day rule from the U.S. Department of Labor is not adequate. It encourages farmers to lie about their need date because the process cannot be completed in 30 days.
 problem with this program.
 I have to do, and I shouldn't say this, but I'll tell you what I have to do. If I need workers on the 1st of March, I have to turn around and say that I need them on the middle of February, 1st of February,
 Here's a green giant and here's five guys picking sweet corn in peach boxes. Here's a Stouffer's commercial. I think it's Stouffer's. Here's a guy growing peppers and the other side of the fence is a dairy farm.
 Under the old process, we could block scheduled groups when the order had a WAC number. Now we must wait until the acceptance comes. Next, we must pay for visas before we can schedule interviews. We must email a request to CSC in order to get permission to access a site to schedule interviews. This takes five days if you make no mistakes in the requesting process.
 to have to meet mandates from the US Department of Labor, wage and hour paperwork, the Homeland Security Office, I-9 forms, the US Department of Agriculture, conservation and sanitation issues, the US Department of Transportation, DOT truck numbers, hours of service regulations, the EPA for nutrient management issues, as well as the various state compliance issues,
 As time goes on, there are fewer skilled people who are willing to move from place to place every 6 to 10 weeks to harvest crops as they mature.
 Thank you very much, and thank you to all of our panelists.
 Thank you for the opportunity to testify at today's hearing.
 Thank you all very much for being here.
 to
 but it's the third one since January.
 We must include the dairy industry. Ag jobs is a dead-on-arrival proposal. The change has been morphed into a bad deal for agriculture.
 If a worker leaves for any reason, tell them others are always ready to fill the void immediately.
 The last issue I want to discuss is the need for a realistic and not clogged with paperwork guest worker program that you've already heard about from Mr. Reams. Thank you for the opportunity to speak with you today and present testimony from the farmer's perspective of the serious and ever increasing federal barriers to growth. I appreciate you taking the time to listen to me and your consideration of my own time as a farm family business in New York State to try to reduce
 If I see a goose, I have to document where I saw it and how I chased it off. Same with a deer. These are the food safety requirements that Walmart, Price Chopper and Weidman said it's good. They're looking out for the consumer and we don't mind that. But there has to be somewhere, someone on our side. And a lot of it's our own fault.
 overnight stuff, everything else.
 It doesn't matter which government you're referring to.
 Thank you.
 How about the Ph.D. from California who lost his job and applied? Dr. Kool is his email handler. These are all lawsuits and possible litigations looming on the horizon because our present system encourages it.
 I followed the spirit of the Regulatory Review Commission that President Obama discussed and actually implement the recommendations to reduce the amount of time that I spent filing paperwork.
 Each and every day I spend filing paper to comply with various federal regulations.
 allow standards and experience to be included in job requirements, revamp the recruitment process.
 How about the family of Eastern Europeans asking if they can move the whole family here? How about the LPN wanting a job because she lost her license and needs a job?
 I'm either. And we're starting to question if this is any fun anymore. And when my husband says it's not any fun anymore to farm, that's serious.
 I've been to Washington in the last Congress, and the organization that I'm the president of has been to Washington this year, and I've been there last year and talked about these same issues. And this is just the same thing over and over and over again. We keep asking for relief and don't get anywhere. Virtually every time they make a program different, they're making more trouble.
 If you choose to appeal, the U.S. Department of Labor will no longer certify your order within 30 days of your date of need.
 Six people work full-time or part-time on our farm and an additional 29 people depend on the seasonal work available through our farm to support their families.
 I'm sure hoping you're listening and you can find answers for us because I certainly don't understand it all.
 once and do it right.
 I went to a seminar in December in Atlanta on the new program. The guy that developed this new program for Department of State didn't want to hear anything from anyone. This was his deal, he knew what he was doing, and this is the way all the consulates are going to be.
 And on your sprayer, you've got to have a label in a bag on the sprayer, not only in the cab, because if you drive across the road and a car or something hits you, they have to be able to see what's in that tank. But every time they're telling you about these regulations and these changes, they're also reminding you what the fine's going to be if you don't do it.
 Thousands of dollars were lost in New York fruit farms and their local economies last year because of delays in securing farm labor.
 Please raise your right hand.
 So let's just make sure we all stay on target. We'll get this fixed, but it's going to take a lot of fight from all of us. So thank you for being here. I appreciate your bravery for being here and taking the time out of what you do every day to spend it with us. Thank you.
 I'm going to go ahead and get my stuff out of here.
 a lack of continuity necessary for agribusiness to develop and maintain a long-term business plan.
 I have the same labor reporting system as a grower.
 We grow over 100,000 bushels of apples as well as processing peaches and a few other stone fruits.
 And at the same time, Homeland Security would be your next step. If the process takes 12 to 14 days, then let's give more than 30 days to process from beginning to end. And not lie about it.
 The rate went up in these times from 10 to 16.
 Thirdly, I would like to discuss one issue with the EPA that has me very concerned because of the precedent-setting nature of the agency's actions.
 Just say you know, that's exactly I mean it is exactly how so many of us feel in agriculture today
 And the Department of Labor couldn't believe it. I stood up and said, what do you mean it takes three or four days for Homeland Security to process?
 I think that's a key phrase that I have heard from more farmers in the last two or three years. My brothers and I say the same thing. The fun is out of agriculture.
 I'm just going to finish up and turn back and throw. Keep your passion and don't give it up.
 Fruit growers do not want to train new employees annually.
 Nancy Horrigan is the owner of Horrigan's Dairy Farm.
 We now send out one to the state first and once they finish the process, we then have the necessary order number to now move on to Chicago in a different form.
 The past four years, most of the fresh apple growers in these counties have been replanting at a rate of 500 to 1300 trees per acre, which costs between $6,500 and $13,000 an acre. This means that apple growers in these counties over the past four years have invested around $46 million in new apple orchards alone. Twice this amount is likely to have been invested in on-farm machinery, equipment, labor housing, and other real estate improvements, as well as apple storages,
 convinced not less than 10 farmers to convert to legal H-2A workers. These people should remain at the front of the line.
 He's about ready to unhitch himself.
 And I'm going to go ahead and close the meeting.
 While I am certainly not opposed to improving water quality in the Chesapeake Bay, it strikes me as odd that all the environmental stewardship practices that I have put in place on my farm and other neighbors have put on their farm were not originally recognized in the EPA's overly zealous desire to clean up the bay by imposing strict regulations on agriculture.
 All other businesses are able to grow and shrink markets and production depending on demand.
 We worked 48 hours last week. I have to get a new paperwork and fill out a new form because his hours changed.
 And he streamlined the referrals. When you have to advertise, take applications, he made it where when they hit your farm, you don't have to take any more applications and keep a record of them. Because all this period of time, like 75 days up to that point, his administration felt was adequate time to look for referrals and knew what's working.
 I worked in industry, nothing is as challenging as agriculture. You do all this and you deal with the weather beside.
 I appreciate your testimony because I find it absolutely intriguing that a business that runs somewhere between a trillion three and a trillion five a year in the red has the audacity to come in and tell you how to run your business. Do you ever talk to any of the... My question really comes down to, have any of these people that come in and set the bar, and I asked the last group this, people that set the standards, have any of them ever actually done anything in agriculture? I mean, actually been in farming?
 If this is the United States of America and we're more worried about internal conflict and internal regulation than outside, I mean, we've got a real problem. But tell me, on this EPA thing, because this is absolutely incredible, and I don't think the American public has any idea what you go through. You know what, they ride down the interstate and they see these beautiful farms and they say, God, I'd love to do that. That's got to be fun.
 The next problem that needs changing when the program's the length of the process.
 And I'm a member of Onondaga County Farm Bureau and board directors of the New York Agricultural Land Trust.
 I've had a customer do the same and he was sent an approval request to send another copy in $404 with another form or they may not be able to schedule appointments in a consult.
 New York State will now let me advertise asking for a resume, but the U.S. Department of Labor says I can't.
 According to the New York State Orchard Survey, over 42,000 commercial acres of apples in
 the union and legal service ambulance chasers on the sidelines.
 physically with the people who are working.
 And to sit there in a room, we had state, we had Homeland Security there, we had Department of Labor there, the representatives of the consulates, and Department of State.
 And they seem more fine-oriented than they are production-oriented.
 Thank you, Mr. Kelly. And I would like to thank all of you as well. I too would like to echo Mr. Kelly's comments. If you quit, they win.
 growers should not have to argue with or petition DOL employees with no practical experience in operating a fruit farm about the experience required for fruit farm employees in a business producing perishable crops.
 As is the custom of the committee, we'll ask you to please stand and be sworn in.
 This is the program I'm using so I can sleep at night knowing that I can get a crop of apples. And yet, we have all kinds of problems trying to secure a legal workforce. And nobody wants to hear, when you try to talk to somebody and ask what's been said, nobody wants to hear what your problem is. Absolutely nobody wants to hear that.
 We also own and operate cold storage on our farm.
 Four different programs in three years are confusing.
 This dairy farm hires 178 H-2A workers. Last year they were forced to use a Puerto Rican labor force because of problems with the H-2A in Jamaica.
 This is an unrealistic wage for workers considered unskilled, not requiring any previous experience or work standard. We pay for visas, we pay for food and travel both ways. We take workers to the store.
 section of Onondaga County is located in the Chesapeake Bay watershed. My farm is not located within that watershed, but the issue is very important to me.
 I think that's a good question. I think that's a good question. I think that's a good question.
 It takes 12 days to two weeks. And here's two federal branches that said, no it doesn't, it's three to four days. I said, they cheat on their stamp on the form. That's how it's three to four days. But it's a 12 to 14 day process. And you've got two federal agencies that are all working together with this that are unaware of it.
 all through one of these audits in the field on food safety. Look at what we're doing in agriculture and we should not any longer tolerate these commercials that degrade agriculture and the farmers and make us look like a bunch of country hicks because no one is going to be successful in farming any longer if they don't have an education and they don't have the ability to put two and two together and take a proactive approach for the future.
 I mean, it used to be with a seasonal business, you could go on vacation in the winter or there is none of this any longer. You're just bogged down with regulations.
 growers need employees familiar with their particular varieties and the market requirements those farms are attempting to meet to secure the best possible price for each variety of fruit.
 First is Mr. Andrew Reeves, who is the owner of Reeves Farms. Welcome and thank you for being here today.
 I'm telling you, the way we'll fix it is by staying on messaging and not getting distracted.
 Many times the state will approve something which the U.S. Department of Labor will reject. An example is work production standards. New York State will allow them, but the U.S. Department of Labor won't.
 Our own operation has invested hundreds of thousands of dollars in capital improvements over the past four years.
 And I think that's a good thing.
 What we now ask for is a program to be developed which will partner with today's agriculture industry and finally address the H-2A needs of our dairy industry also.
 This program is supposed to allow farmers to develop a good business plan which ensures a plentiful supply of top quality produce without having to worry about a workforce.
 as usual, are very helpful.
 On my farm alone, we have spent tens of thousands of dollars constructing a nutrient management storage facility and we are a partner in a community digester whereby waste from our farm and several other farms will help generate energy for county facilities.
 I'm proud of what I do for a living.
 That's how crazy the system has gotten to be because somewhere along the line, somebody got taken advantage of.
 And that was changed, actually, that was changed three days before he left office. And there's been three other changes back and forth since that one. So in three years, we've had four changes. And the funny thing is, if you're a farmer, how do you turn around and say, well, I'm going to H2A this year. But what's the law going to be? When I was down in Atlanta in December, the only thing we were handed out is the agenda for the meeting.
 And I think that's a good thing.
 No, absolutely not.
 Thank you for inviting me to testify before you today. My name is Nancy Horrigan.
 I can send an I-129 with only one copy and get an acceptance.
 We used to be able to send an application to the state and Chicago for processing at the same time.
 And I'm trying to understand, and I'm going to ask Ms. Morgan, what's the reason for the EPA? Is there anybody finding anything that the EPA does that makes sense to any of us? Now we all have state DEPs that should have the primacy over how that's done. I would like to think that the local folks know a lot more about what the local issues are than somebody in Washington, D.C. that's never been here.
 I've aired my grievances and hope that's able to shed some light on the problems of H-2A.
 If an H-2A certification has been granted in a neighboring state, this would mean neighboring states have a shortage of eligible farm workers. I believe to have me advertise in these neighboring states and continue the recruiting process throughout half the life cycle of my contract period is ridiculous.
 And I realize this plan may still impose significant regulatory burdens on smaller family farms.
 given a choice, most people would prefer to earn a living in one place, clean and dry environment that does not require continuous physical labor.
 Agriculture is the largest industry in New York.
 So it's all been the same, it hasn't changed in 30 years.
 Have you received any specifics since the January 10th implementation? My brothers will tell you that I've lived in in my living room on a computer trying to find rules and regulations on where where do I get the spreadsheet? How do I get the spreadsheet? The first the spreadsheet and it's on its third copy now the first one I wanted to schedule 22 workers and I called CSC and said your spreadsheet won't work. It's not formatted properly to take
 Our milk is sold to Burne Dairy. It doesn't get more local than that.
 introduce a form of arbitration to resolve issues.
 and tells growers what they must put on the work orders. Limiting the experience requirements, requiring employers to tolerate employees missing up to five consecutive days of work without notifying the employer in advance. How are growers supposed to harvest each apple variety in an optimum quality when the workers can miss work without notifying the employer? The Department of Labor in Albany has also been
 The mindset is we don't want this program Because we want to put us in store My business and everybody's business is a short window of time that we need people I can't hire somebody for six to eight weeks or ten weeks put on 30 employees for eight to ten weeks and Then tell them that they can't work anymore because I don't have anything else for them to do There's who's gonna come and work for me for ten weeks for 40 to 50 hours
 Look at an agricultural commercial on television.
 And I think that's a good thing.
 also prefer to work with the same farm year after year.
 If you make a mistake, you will be notified in five days of the mistake and you redo it. In five more days, you will receive access for another problem. The site lets you electronically schedule, just follow the spreadsheet and email. I suggest email. The electronic system is on its third spreadsheet and if there's a specific problem, you'll receive a specific direction back with email schedule. With the electronic system, you'll receive an error list without a clue of where to begin.
 While President Obama discussed this issue in his State of the Union speech in January, I can tell you that on the farm itself, we have not felt much of any impact from a lessening of governmental regulations and paperwork. Clearly, we need to have government engaged in ensuring safety for consumers in the food they purchase, the roads they travel on, and the environment. However, the current emphasis on simply putting more and more regulations and paperwork on
 Thank you very much for your time.
 Thank you very much for your time.
 Members of the Committee on Oversight and Government Reform Subcommittee on Regulatory Affairs, Singles Oversight Government Spending.
 is
 strive for more consistency across the board.
 And so this was a two and a half week process. It should have been three days. But at least now they have a spreadsheet that's pretty much working.
 These businesses are based on these variables.
 Thank you very much. Mr. DeMarie.
 So the next thing I do is I go to CSE that day and say, hey, I want to be able to schedule appointments. So what do they do? Five days later, if I ask them properly, you know, if I miss one number or something like that, in five days they'll tell me, hey, you missed a number.
 I think that's a good thing.
 I have to monitor wildlife in our fields on a daily basis and keep a log.
 Now if everything is fine, we have 30 days or less to finish the process. We now move from overnight replies from government to snail mail. Homeland Security claims to turn your petition request around in three or four days.
 Secondly, I would also like to suggest that the federal government wrap up its activity in redirecting farmland protection dollars to New York State.
 Mr. Reeves, if you would start, thank you.
 However, she won't work weekends. How about the lady from Manila? How about the kid from Auburn wanting a job loading?
 While I can and will expand upon some specific topics that are of concern to me, the single biggest point that I want to make at this hearing is that the amount of actual time that I and my family have to spend complying with various federal regulations, and that has escalated to the point where I spend more time in an office, on a computer, and filing paperwork than I ever did working with the cows, the crops, and the personnel on the farm.
 of foreign miscessus. Apply to State and U.S. Department of Labor at the same time.
 make it
 If you knew then what you knew now, would you be doing what you're doing? Well, you can see I'm not the youngest one here.
 Let's once and for all do this together.
 I mean, I think that's a really good point.
 We must know more about the free housing first.
 More than 65% of the New York Appalachian Creech is in the seven counties on the south shore of Lake Ontario.
 And each and every new piece of paper I have to put up on my central posting area on the farm has a cost to it that is profound and can never be recouped.
 Please keep in mind if we don't get it fixed here, there's no other place in the world it can be fixed.
 When farmland is conserved in the local community, not only does the land provide wildlife habitat and improved water quality, it also ensures that a locally produced food supply is secured and a family farm can remain with the land.
 was picked late and had a lower quality plus a lower value. The failures of secure labor or the loss of skilled labor during a critical planting, crop protection, or harvesting operation results in financial losses that are not only jeopardizing the farm business but also the local economy.
 Do you solemnly swear or affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Please let the record reflect that the witness has answered and the attorney will plead. Thank you.
 I think there's an awful lot of regulation coming both from Washington and New York State combined.
 We're at a point of losing our producers if something isn't done.
 I have used production standards and have customers denied standards. I've been told to hire Puerto Ricans and I have asked them to interview us, submit a resume.
 Absolutely. And as was said a few minutes ago, the H-2A program that we're using to have labor that's legal and that I can sleep at night knowing that I'll have a workforce there tomorrow that ICE isn't going to come in and take them away because I thought they were legal. They showed me documents that I determined to be legal, but they weren't.
 And I think that's a good thing.
 We need to do a better job of advertising the technology in our business, the education it takes to run a business like this and run it successfully, and we need to pound it into the media also.
 This is a 15% increase in labor costs from the program revamped during the past administration.
 with an eye towards ensuring that farmland that is particularly vulnerable, especially on Long Island, in the city of Syracuse, in the Hudson River, receive a priority.
 We want to retain trained employees.
 Welcome and thank you for coming this afternoon.
 I'll end by saying, and I told you our milk is sold to Burn Dairy, which is a local business. I'm really glad these two guys are still in business, because I appreciate local food. And I'm glad to know where it's coming from and how it's produced. And I hope all the rest of you do the same.
 If you fail or have a problem, forget it. You will receive an email answer which will never answer the question you asked.
 I mean, I'm not going to say that.
 But also a lot of the regulations that they're requiring out of you are absolutely absurd.
 The only thing I can say, all three of us here, we do what we do because we just like to be farmers.
 Most of the workers I recruit once spent time illegally in the United States. I've convinced them to go back and enter the legal H-2A program.
 And we're deep into the food safety with daily deliveries, fresh produce all the while.
 Allow for him to select where he gets his workforce. Every other business has that freedom.
 If you appeal, you have an 82% success rate, but you have put your process behind schedule.
 The US Department of Labor and the New York State Department of Labor in Albany are attempting to make this program so difficult that no one chose to use it.
 He's got an old John Deere 430 cultivating in the field and says, that's my business manager as soon as he gets finished plowing. I wrote him a letter stating, this is bad for agriculture. We're high tech. We're an industry, an industry to be reckoned with. We've got to stop this.
 But yet, January 10th it took effect.
 One day during lunch I found another CSC branch with names and numbers. A human resources manager from another division was able to make proper contact to their other division for me. He was amazed how it took four calls to resolve the issue, so we thought.
 your farms to prosper and grow.
 Thank you very much for attending the invitation.
 This is the reason we quit growing green and yellow beans, reduced acreage on peas, quit growing snow peas, and wouldn't raise blueberries if they weren't organic and brought a higher price.
 every problem, every issue out of reality. So.
 I will not endorse any program with amnesty attached.
 My husband John and I and my son Matt work over about 8,000 acres of land in Onondaga County and operate a dairy farm.
 Any other business would not and could not operate in the parameters now set by the present H-2A law.
 The main point I want to make is that knowing that the federal government can act this precipitously and unfairly and jeopardize my own and my neighbor's farm operation by issuing one poorly thought out regulation makes me lose sleep at night and question the long term ability of my family to keep our farm in operation for the next generation.
 I wish we could tell you that it's only in agriculture. I spent two days with health care providers.
 the H-2A workers pay their own visa fee.
 How many just came down with a new set of rules that you have to follow a new form every time that there's a change in an employee's status? If an employee works, has a work agreement with us, that says they're going to work 45 hours.
 Congressman Slaughter has been recently working as a strong advocate on behalf of growers and contacting the Labor Department to solve some of these problems.
 In order for agriculture to continue to thrive, there must be a streamlined process to bring seasonal temporary labor when necessary.
 We are not going to tolerate sloppy behavior, nor are we going to fail to do what is right on our farms to protect the environment, even when such practices are expensive to implement and are not paid for by the consumer dollar. However, the EPA's overreach on this issue is frightening to me and my fellow farmers. As with one single regulation originally proposed in the draft TMDL, the EPA was willing to sacrifice over 900 farms in the Chesapeake Bay
 That's the mindset of what's going on with this program.
 Our heritage and our roots are in the community and our farm.
 Why advertise an estate which already has been approved for H-2A workers? Reduce the recruitment period until the time the H-2A workers arrive on the farm.
 Usually the process with no problems takes 12 to 14 days from beginning to end. We now have 15 to 18 days left.
 I do not believe that each federal agency that we deal with has a comprehensive understanding of what it is like to try to farm in this environment.
 I think labor, myself, is the biggest issue in agriculture.
 I'm going to spend the next five days. This is if I'm sitting in my chair and as soon as I get a notification, I'm on the computer and going to work with scheduling appointments. There's no day in between.
 We're just having to spend more and more and more of my time, my wife's time, in following paperwork.
 And I think that's a good thing.
 When your slower workers are guaranteed a minimum of 10, 25 an hour for piece work, your faster workers make considerably more because your production minimum standards are based on the slower workers.
 Please work with us and dialogue with us and let's continue to get this job done.
 I sit here and I listen to your testimonies and I shake my head and I wonder how did we get to this point where you're subject to both the state as well as the federal regulations. And I want you to know that we are sympathetic here and we'd like to work with you.
 Can you just move the microphone a little bit closer so everyone can hear your testimony?
 Once another opportunity becomes available, they leave or don't show up for work one day.
 you for your attention. I'm Tom DeMarine and I own and operate a 200 acre fruit farm in the town of Williamson, Wayne County. I'm also the current president of the New York State Hort Society and a past board member of the New York Apple Barbers Association.
 I've been working with the farmers and the farmers have been working with me for a long time.
 They know better than the agencies that you're dealing with than what I do when I'm trying to do my job. And that's a very, very frustrating thing. And I, we spend more time right now on organizations and tell from the people that are sitting here, we spend a lot of time in organizations trying to, trying just to keep a toe in the door and trying to keep some of this regulations at bay and nobody wants to hear us.
 We have a lot of people who are going to be in the room.
 I'm way over my five minutes. Mr. Kelly, I'll yield to you.
 We'd like to work with you, we'd like to continue this dialogue, we'd like to take your message to Washington, which we will. I failed to introduce, we have members here from the Oversight Government Reform staff, so they're listening and working with us as well.
 These are some of the examples of resumes I deal with.
 So how can the federal government help New York State farm families like myself? First and foremost, just stop imposing new mandates.
 What I need is top to bottom is a program developed with the farmer's input. The people that have to work with it, that have to make it work, we're left away from the table.
 And fortunately this year, thank you, we were able to get 100% return workers from Mexico. What this does, and people don't understand it, the U.S. Department of Labor, state doesn't, this is critical because our food safety program has standards. Everything we harvest in the field has a written standard that has to be followed and inspected twice a year.
 We also have trace back food safety requirements whose costs are all the burden of the farmer presently.
 So other than seeing Ms. Burkle and myself, you really wouldn't have a chance to talk to a government that pretty much dictates how you run your business.
 As we have had to grow in order to keep up with ever-escalating regulatory burdens and a price we see for our milk that is at the mercy of global market conditions, we
 No other business suffers these restrictions.
 For my farm not to be able to ask for experience when hiring is ridiculous. For me not to be able to ask for production standards without a challenge from New York or the U.S. Department of Labor is ridiculous.
 So I need to urge you to continue to work for conservation dollars in the next Farm Bill cycle for the on-the-farm environmental stewardship measures.
 My family and I are proud of our farm and the time and hard work that we put into the operation to make it successful and keep it growing.
 State and U.S. Department of Labor, State Health Department, Homeland Security, Department of State.
 Their problem is they can't see any reason to stay in the business.
 It's the same and yet we're spending, I'm spending 10 hours a week just doing forms and reading new rules and regulations.
 As a family farmer, I and my neighbors care about the environment that we leave for our children.
 Yeah.
 I would urge you to contact your office to work with her to get the H-2A program to be more responsive to the needs.
 H-2A program is supposed to be a tool for the American farmers put in place by Congress to expedite a legal temporary workforce.
 because the mindset is that we're going to reduce the unemployment rate, so we're not going to allow foreign nationals to come in and work in this country.
 We want to see this business succeed at what is our core mission, producing healthy, local milk for our neighbors and fellow citizens in New York State.
 If the number of workers on an order is reduced because of referrals, these slots should remain open so the farmer can fall back on them if the referral workers don't work out or leave.
 This is not true. If you overnight your I-129 to California, they stamp it on the day they receive it or the day after. The received letter with the next day stamped on it comes to you after the check is clear.
 No amount of cows or crop land added to the farm to ensure our financial stability will enable us to recoup that time that we have to spend filing ever-increasing paperwork with various agencies.
 And in my presentation, you'll see a day breakdown on it. It's going to take 12, 14 days for Homeland Security.
 Number two is perception. And the news media is as guilty as anyone else.
 Well the media, but also in regulatory agencies that we deal with is that the mindset is is that Agriculture in this country is run by a bunch of hillbillies pardon the reference to anybody that takes offense to it, but that's exactly how There it's it's felt that one as I said in my statement when somebody else sitting at a desk and Albany or in Washington and tell me how to fill out and what
 We aren't improving anything. There's no improvements to our fruit or dairy or vegetables or whatever.
 The issue that is recurring and recurring, I hear it from both the agriculture as well as the dairy industry, is this H-2A program. And I would like to ask all of you, if you could imagine what the perfect H-2A program would look like, if you could tell us what that would mean to you, and what would an ideal H-2A program look like?
 That's better, thank you.
 We must guarantee at least three quarters of the total hours in the contract. We must provide housing and utilities at no additional cost. No taxes or Social Security are deducted. Many portions of their jobs offer them an opportunity to earn even more when performing piece work.
 So we will take this message to Washington. It won't stop here in this room. We want to encourage you.
 He said if he has to use Puerto Rican workers this year, he will have an auction. How can you expect to tell a business owner how he has to run his business?
 If you hire an American recruit for temporary labor, they will be looking for another job with benefits and full-time, not seasonal status.
 I appreciate being given the opportunity to discuss Apple industry labor concerns. Thank you.
 I mean, you can take as much time as you want, but really we need to hear you for as long as you want to go because I know how frustrating it is.
 Everyone wants to hear what your problem is.
 Reduce the wage to a realistic level. The Bush order was the best system thus far.
 So this is about preserving all that you've worked for. We want you to know how much we appreciate your efforts for you to be here today and to take time out from your busy schedules.
 How about Burrow asking, what do I mean by resume?
 I will never regain the time I lost and continue to lose in making sure that I am complying with everything that I have to file.
 And I think that's a good thing. I think that's a good thing. I think that's a good thing.
 So then I redo it again with the number and then in five days they'll say, okay, now you can schedule.
 We owe this to an industry already bombarded with new EPA and DC regulations every year.
 And I think that's a good thing.
 Even though our cost factors are particularly influenced by being in a state like New York, where all businesses face an unreasonably high cost of taxes, energy and labor, and regulatory compliance.
 I'll briefly review errors I believe need change.
 I'm going to ask you something because Ms. Burke asks this question all the time.
 We need to work this out together for the salvation of the industry this country was built with.
 The cost is my time and my husband's time.
 have survived everything to this point, we now have to keep records of all applicants who have requested an interview or job. We must document this for future audits and accept all applicants throughout half the term of the work contract. Because the job posting goes on a national site, we are bombarded with applications such as a fish and camp cook with a degree in geography wanting to bop in and work for the month of May on his way to Alaska in June.
 20 years growers have renewed this acreage at about 3% to 4% a year.
 Losses in Apple quality jeopardize both year-round and part-time employees' income.
 Again, we'll have each panelist give their opening statement and then we'll take some time to ask questions.
 I know it's hard to do, and I know that every day you wonder why I keep doing this and how much longer can I do it.
 As stated, I serve on the board of directors of the New York Agricultural Land Trust. It is clear to me that with the vulnerability of New York's farmland to development made more acute by the barriers placed on farmers by the cost of complying with regulatory mandates, the existing funds from the United States Department of Agriculture have not been directed to New York State as they have been to other states. New York farmland is not so acutely in danger of being lost to parking lots and housing developments.
 That's difficult for the agricultural mind to understand. We're not into do this or you're going to get fined. We're into let's take the proactive approach and let's get this done.
 Washington needs to become proactive with this issue.
 I recently talked to a large orchard producer from Virginia.
 Okay, so this is a software program that somebody puts on their laptop and tells you what you're going to do.
 out there on a farm and do a story.
 You mentioned in your testimony about the Bush administration, was there a different set of standards and now it's changed? You mentioned you were at a conference about the change.
 The next issue I have with the H-2A program is its adverse effects wage rate of $10.25 per hour.
 I would strongly suggest that the formula that drives the allocation of funds to the various states be reviewed
 and it's telling me that my business will operate because of what this liquor is in it, how am I going to survive? I can tell you today that the generation that's working my farm is the last generation that's going to work that farm.
 There are no directions as to how the new system works. You attempt to understand and operate it.
 training employees making expensive mistakes that today's businesses cannot afford.
 And Mr. Tom DeMarie is the owner of DeMarie Fruit Farm. Thank you very much for being here.
 We had DEC the other day going through the DEC audit and that's another deal that's necessary. It's an absolute necessary thing.
 Here's a company that's owned by a farmer.
 The end of the Sea Act of 1987 was another example of it not working. The workers moved up the ladder and left the vacuum which was filled with the millions of undocumented workers in the United States.
 Thank you.
 And we've just all been pulled away from what we like to do because of all these regulations and the paperwork. And I'm sure his brothers are a little ticked at him a little bit because he's not out there with them.
 They get rejected and thrown back where either an appeal is necessary or remove the standards and move on.
 We spend over $5,000 an acre annually growing, harvesting, and delivering our fruit, 80% of which benefits the local economy. This is our sixth year using the H-2A program. Securing H-2A labor is expensive and increasingly fraught with government red tape and stress.
 speed up the homeland security process or make them tell the truth. The U.S. Department of Labor and Department of State believe in this three- to four-day turnaround.
 There was not any handout. The program south of the border had changed. The forms north of the border had changed. Not one agent or farmer was given anything but the agenda for the meeting because here it was December 6th and they didn't have this program ready to launch January 1.
 He sent me a certificate for a 12-ounce bag of frozen veggies. But we are our own worst enemy. We are high-tech.
 I had a problem with an order in which 18 emails were not answered, 11 calls were not returned.
 my family is connected to other farm families who are in the watershed and rely on our farm to provide cow feed and to do custom work and planting for them.
 Thank you, Mr. Reeves. Mrs. Swerden?
 Lack of consistency is my final complaint with the program.
 I don't want to say that isn't good or isn't the way that it should be, but when you start making everybody try to solve problems because of one incidence, the world is going to come to a stop because you can't regulate everything,
 I
 Homeowners appeal to be taken off the significant list by Joanna Kay Zavalas.
 WCVB.
 Merringer comes with high praise from his colleagues, students, and community.
 The Foundation for Belmont Education recently announced that nominations for the 2018 Outstanding Teacher Awards and the S. Warren Farrell Award for Educational Excellence open on February 26th.
 is a plan to coordinate efforts to combat Alzheimer's.
 It will be a prime time for the Foundation to interface with the public
 a Master of Education in Organization Management from Endicott College.
 182 Belmont properties are on the list of Belmont significant historic buildings subject to the demolition delay bylaw, which was approved by town meeting.
 151,575 square feet.
 That's compared to 45 confirmed cases at this point in the 2014 flu season.
 The architect firm Johnson Roberts Associates, Inc. completed the study in May 2017.
 Finally, wind, solar and other emerging energy industries are very active in lobbying and have effectively sought subsidies to support their growth.
 Since January 23rd, the BHS Building Committee completed the work they needed to do for the Preferred Schematic Report, Module 3 in the MSBA process.
 students.
 Saturday, March 3rd, the Belmont Historical Society will take center stage with a multimedia exhibit in the Claflin Room from 10 a.m. to 4 p.m.
 and create and maintain an integrated state plan to overcome the illness.
 The event will also serve as a public introduction to the Belmont Library Foundation.
 March 4th marks the 150th anniversary of the Belmont Public Library's founding.
 He also completed his administrative internship.
 However, a handful of homeowners are concerned.
 As of February 16th, the latest data available from the state DPH says there have been 10,929 laboratory confirmed cases of influenza so far in the 2017-2018 flu season.
 named Arlington Middle School principal.
 The present legislation would require the setting of intermediate goals and the definition of pathways to achieving those goals.
 The amount will be determined upon completion of the project funding agreement with the MSBA in August.
 The festivities will begin at 7 p.m. on March 2nd with an opening reception.
 Finally, the third option looked at new construction.
 The measure also creates an advisory council on Alzheimer's research and treatment to work closely with the state agencies and the legislature.
 Both Stievetter and Struzziero believe a new public library will better serve public needs.
 Those who work at urgent care centers are feeling the severity of this year's flu season.
 It has shrunk over the past few years, in part because our efforts to shift it towards renewables,
 They will also be meeting with all the stakeholders in town, such as the police, fire, and public works departments, planning board, recreation commission, historic district commission, and school food services department.
 and they prefer the space in Watertown and Arlington.
 They argue deaths from Alzheimer's have nearly doubled from 2000 to 2014, and it is time for the state to step up to the plate and lead the way in the care for people with Alzheimer's and in the fight to eradicate it.
 I have found no indication that the house received any architectural, artistic, or other award. After her denial at the February 5th hearing, Watson pleaded with the selectmen to approve the appeal of her nearby neighbor, Derek Staples, owner of 27 Dorset Road, also designed by Royal Barry Wills.
 If you get the flu shot and you get the flu, at least you're not laid up for 10 days. It may be five with the flu shot.
 Velo said that there will also be a movie of the virtual reality walkthrough, which will be shown at public meetings and linked to the BH High School, BHS School Building Committee website, where they will be seeking more community feedback and input.
 The School Committee, Selectmen, and BHS Building Committee also voted on January 23rd on the major addition minor renovation design option known as the Bowtie.
 The electric power generation now only emits approximately 20% of the greenhouse gas.
 Ben Bower, owner of 52 Willow Street, designed by architect Charles Greco, said his home is not historically significant and being on the list will affect its property value.
 The discussion around building a new public library is not new.
 And according to the Alzheimer's Association, that number is projected to increase by 25% to 150%.
 The bill contemplates that these mechanisms may be created in collaboration with other states and or Canadian provinces, especially for transportation sector, by definition, mobile across state lines. A regional approach makes sense.
 After Module 4 is completed in July...
 We do not want to lose those people, said Stiefvater.
 He explained there are currently two strains of flu, type A and type B.
 For the FBE's Outstanding Teacher Awards, the community has a chance to honor the talented and dedicated teachers who work hard every day to make a difference for our students and for the Belmont Public Schools.
 Watch and listen to the Talking News every day at 12 noon and 6pm on Channel 96 Comcast Xfinity and Channel 30 Verizon Fios.
 I've been especially focused on the flood risks created by rising seas and more powerful storms.
 If the bill is brought for a vote, I will certainly vote for it.
 He said his home is not a teardown, but he doesn't know what tomorrow's economy will bring and worries he won't get the best price for his house when the time comes to sell.
 He has heard the Garden Club is creating a visual of Frankenstein, his favorite book.
 We really have something for everyone here. While the library's core functions have adapted and kept up with the changing times, its structure has not.
 Along with my colleagues, Claire and Max, we thank you for listening to the Talking News and hope you've enjoyed the show.
 I prefer market-based incentives that encourage consumers to choose the carbon reduction approach that works best for them.
 The flu's grip on Massachusetts is still strong.
 and that particular strain turns out to be the predominant strain.
 The recipients are honored first at a surprise classroom visit and then at a district-wide award ceremony on May 1st at the Chenery Middle School.
 than a place to access information," said Struzziero.
 Now on to the talking news.
 It requires that the new market mechanisms for reducing vehicle and building emissions be calibrated so
 The bill requires the Secretary of Energy and Environmental Affairs to promulgate regulations creating market-based mechanisms to reduce greenhouse gas emissions.
 During Module 7, the construction of the project will begin in 2020 and is estimated to take 42 months to complete.
 Don't be a hero.
 They are currently working on a request for bid for an owner's project manager and hope to have a schematic design for the new building by the late fall.
 The
 they feel the space is more inviting.
 The design team will then do a presentation for committee members to experience what the new building will be like wearing virtual reality goggles.
 located close to route 2.
 At least your body ache on the 1 to 10 scale, maybe not a 10 out of 10, maybe it's a 5 out of 10. Walker said early reports that the vaccine was only 10% effective quickly caught the attention of the media and the public.
 Vehicles account for approximately 40% of the greenhouse gases in Massachusetts and buildings account for almost as much.
 Recently, appeals for 52 Willow Street and 43 Village Hill Road were denied because the selectmen did not think the reasons the owner gave to be taken off the list were justified.
 with two separate entrances for the upper and lower school students.
 It needs to be constructed and oriented in a way that meets the needs of our community today and in the future.
 Supporters said that this disease affects more than 120,000 people in the Bay State.
 2022.
 During this phase, cost estimates for the new building will also be determined.
 The only thing I can point out is we do have an international airport, Logan, that tends to bring more travelers to the region and whatnot," said Dr. Mark Gendro, chief medical officer of Beverly and Addison Gilbert Hospitals.
 They are Belmontians. We want them.
 Belmont is fortunate to have a cadre of excellent teachers who bring enriching educational experience to students throughout the district.
 It can also be heard Mondays and Tuesdays at 4.30pm and Wednesdays at 12.30pm on Channel 9 Xfinity and Channel 29 Fios.
 to Max.
 This year also marks the 200th anniversary of the writing of Frankenstein.
 The bill combines dozens of ideas that are currently on the table for reducing carbon emissions.
 also feels there are many other historic homes in town that aren't on the list.
 We are really the living room of the community and a place where you can come and enjoy a wide spectrum of different programming for all ages.
 Over to you, Bob.
 Health officials urge residents to get their flu shot by Mary Byrne. With each passing week, the flu's grip on Massachusetts seems to get stronger.
 This might explain why there are cases in which an individual who got the vaccine still comes down with the flu.
 I am skeptical of our ability to make good quantitative decisions about just how much of an asset we should give to particular technologies.
 Teachers from Belmont's six public schools are chosen for this award.
 Over the years, its role in the community has shifted to remain relevant, according to Stracciaro.
 for the schematic design phase.
 as to make achievements of those goals more likely.
 That is why I am especially enthusiastic about the bill's provisions for reducing vehicle and building emissions.
 During Module 6, the project will go to bid and a contractor will be hired.
 Kathy Keohane, chairman of the board of library trustees, said there will be more community meetings seeking input throughout the process. Over to you, Bob.
 That strain, H3N2, tends to be more aggressive and more difficult for the seasonal flu vaccine to protect against," Gendro said.
 This is a tragic reminder of how serious the flu can be for some people," said Public Health Commissioner Monica Barrell, MD, MPH, in a statement.
 and we'll look forward to him filling this key role in the leadership team for the district. Bodie emphasized that the district attracted very strong candidates for the artisan position.
 Thank you, Bob.
 This recognition program, sponsored by the Belmont Savings Bank Foundation, identifies and celebrates the extraordinary contributions made by teachers in the Belmont Public Schools.
 Deakin Hill roll call.
 I wanted to find an opportunity for the BLF to have a coming out party and let the public know they exist," said Strucero.
 feet to accommodate 2,215 students.
 He holds a Master's of Arts in Teaching History from Boston College.
 And a third residential appeal is pending.
 The study recommended the third option as the most efficient.
 In the last two weeks alone, there were 43 reported cases.
 so it was easy to start regulating it to reduce carbon emissions.
 Core space on the first floor of the building will be shared, which will include a pre-function area for the auditorium, theater, and gymnasiums.
 cost is estimated at 307.2 million with Belmont contribution being
 The Garden Club will also host a flower arranging demonstration from 1 until 2 p.m.
 House 153 to 0 approved and sent to the Senate a bill requiring the Governor's Executive Office of Health and Human Service to assess all current state programs that address Alzheimer's disease
 Books in Bloom is not only a way to celebrate the library's past.
 From 2002 through 2008, he taught both 6th and 7th grade in the Wellesley Middle School. While teaching social studies, language arts, and literacy there,
 This bylaw was created to protect properties like the historic First Congregational Church on Trapella Road, which was demolished by a developer in 2013.
 To celebrate the milestone, Belmont Library Director Peter Struzzaro is planning a three-day event, Books in Bloom, kicking off this Friday, March 2nd.
 The
 In just the last week, Massachusetts saw 2,762 confirmed cases of the flu, indicating numbers are still on the rise.
 The Arlington Public Schools announced in a press release on February 16 that Belmont resident Brian Merlinger accepted the position of principal of the Artisan Middle School, formerly the Junior High West.
 On January 23rd, the school committee voted unanimously in favor of a grade 7-12 option, which will change the lower school configurations to K-3
 There will be food, live music, and a cash bar.
 The second option was renovations and additions.
 Another provision requires doctors, physician assistants, and nurses to complete a one-time course of training and education on the diagnosis, treatment, and care of patients with Alzheimer's, dementia, or cognitive impairments.
 The biggest thing we want people to understand is it's not too late to get a flu shot. A more virulent flu season.
 Steveder noted that a surprising number of residents visited the Watertown or Arlington library over the Belmont library.
 First, it was once a larger slice of the pie.
 They will continue to discuss traffic and will meet with the Traffic Advisory Committee and the newly hired consultant for a town-wide traffic study on March 8.
 And there is no indication that 43 Village Hill Road stands out from the rest.
 People think it's all or nothing," he said.
 according to AFC urgent care medical director Sonia Bove. This year, my overall feeling is that it's been a little more virulent, Bove said.
 $50,000.
 The town commissioned a feasibility study in 2016 to explore three options for improvements.
 My support action to reduce carbon emissions and a vote for the bill will keep the conversation moving.
 person.
 And a lot of her patients are overflow from primary care and emergency care departments at surrounding hospitals.
 A building committee for the new library has been appointed and has been meeting since January.
 I am also pleased that the bill puts teeth into the Global Warming Solutions Act that we passed in 2008.
 Module 5, the completion of the construction documents, will begin in November.
 flu season has been more severe than last, local health officials say.
 will affect their property value and have filed appeals to be removed from the list.
 just search for the Belmont Media Podcast Network.
 Looking Back and Ahead to the Future by Angela Thoma
 Community members, colleagues, parents, and high school and middle school students can submit nominations for teachers who deserve this special recognition.
 David Steviter, president of the Belmont Library Foundation, has begun the process of building a public-private partnership to help fund a new library building.
 A new proposal to address climate change by Senator William Brownsberger.
 He was very disappointed with the selectmen's decision.
 Thanks, Claire.
 The seasonal flu vaccine tends to perform poorly
 Now to Max.
 The SBA will be reimbursing the town approximately 40% of the cost for a grade 7 through 12 building.
 As much as we may lead on reducing emissions in Massachusetts, we can be sure that the climate will continue to change and we need to be prepared.
 now over to Claire.
 And now over to Claire.
 Outstanding Teacher Award nominations now open.
 one of which presents itself more severely than the other.
 Merringer has been in his current position of Assistant Headmaster of the Dover-Sherborn Middle School since 2013.
 first from cars and light trucks, then from commercial and industrial buildings.
 Module 8 is the closing out of the project.
 Both Gendro and Bove said this year's flu vaccine isn't as good as previous years.
 Delilah Loveless, age 6, of Haverhill, was a first grade student at the Golden Hill School, reported Wicked News partner.
 Audison Middle School will benefit from a highly capable, student-focused and proven school leader as it transitions next year to a grade 7 and 8 school, said Superintendent Kathleen Bodie.
 He began his work as an educator teaching social studies in middle schools in the Concord and Rockport public schools.
 Three homeowners have asked to have their homes removed from the list of historic buildings subject to the demolition delay bylaw approved at last year's annual town meeting.
 and to let everyone know the important work they are involved with for the library. Looking towards the future.
 according to the State Department of Public Health Weekly Report. The North Shore in particular is in the red zone, indicating the highest level of reported activity.
 The present legislation continues to expand subsidies for particular electric power sources.
 Belmont High School Building Committee Chairman Bill Lavello said they expect to hear a decision from the MSBA board on April 10 after they review the completed preferred schematic report submitted February 21.
 The current library is approximately 29,650 square feet.
 In Danvers, there have been 79 cases of lab-confirmed flu
 We will return next week for another edition of Local News Happenings Around Belmont.
 The plan would include accelerating the development of treatments that would prevent, halt, or reverse the disease.
 will be a ballot question for a debt exclusion on the November 6th general election.
 Jerome is most excited to see the floral displays.
 The selectmen didn't think that was reason enough to justify Bower's property being taken off the list.
 Previously, he was a housemaster in the Philip O. Coakley Middle School in Norwood.
 If someone wants to partially or completely demolish any of those properties, a demolition permit must be filed, which will be referred to the Historic District Commission for a public hearing.
 The foundation exists to help raise money for the construction of a new public library.
 This one arrived early and continues to spread, leading many people throughout the Commonwealth to get sick.
 Thank you, Max.
 Alzheimer's disease is a growing epidemic.
 For three reasons, we have tended to focus on the electric power sector in policy discussions about greenhouse gas emissions.
 and four to six for the Chenery Middle School.
 All the attendees at the opening reception will score a peek at these exhibits.
 largely because many generators have shifted from coal to cheaper natural gas, which contributes less to global warming.
 schematic design package is due to the MSBA by July 11.
 Other medical professionals agreed.
 cases in 2015-2016 and 24 cases in 2016-2017.
 They do not find what they're looking for in Belmont.
 but explained that releasing a vaccine each year isn't an exact science. It's based off the flu season in the southern hemisphere and what strains dominated there.
 And just recently, the state's DPH confirmed the first influenza-associated pediatric death in the Commonwealth.
 Aaron Girod will officially assume his responsibilities as principal on July 1st, 2018.
 Merringer received his BA from the University of New Hampshire.
 The Board of Selectmen has refused the appeals on two of the residential properties
 While the library celebrates its past, it is also preparing for the future.
 While I do not oppose these subsidies, I'll confess some uneasiness about them.
 Over the next five weeks, Lavello said that they will start preparing for the Module 4 by looking at more details for the building's design, such as lockers and bathrooms.
 With few exceptions, the majority of the Bay State is reporting high levels of influenza-like illness activities.
 since the beginning, the season began on October 1st, according to Danvers Public Health nurse, Judith Ryan.
 The proposed facility is a two-story structure with 38,950 square feet.
 Helping to coordinate the healthcare and treatment of individuals with the disease. Ensuring the inclusion of ethnic and racial populations who have a higher risk or are the least likely to receive care for the disease. And implementing a strategy to increase the diagnostic rate.
 It's like a communist rule in a way, said Bauer.
 $227.3 million.
 The three-day celebration wraps up on March 4th with a family birthday party complete with crafts, cake, and a used book sale.
 In Norwood, he also coached varsity girls' basketball and boys' soccer.
 If the historic commission determines it is preferable to preserve the property, the owner would then have to wait up to one year while the commission discusses alternatives to demolition.
 For the past couple of years, the foundation was dormant, but it is now experiencing a period of revitalization.
 Every flu season is different, but every flu season is bad.
 Over to you, Bob.
 It's impacting hundreds of thousands of Massachusetts residents, said Jim Wessler, president and CEO of the Alzheimer's Association, Massachusetts, New Hampshire chapter.
 for the Butler, Burbank, Wellington, and Wynbrook.
 As part of the celebration, members of the Garden Club will create floral interpretations of their favorite books.
 So, I'm going to go ahead and close this.
 While he said the vaccine isn't as effective as prior years, he said the efficacy is closer to 40%.
 Second, the state has a long history of directly regulating the power sector to prevent overcharging by monopoly utilities.
 After April 10, the design team will present more detailed images, drawings, and models of the exterior and interior of the new building.
 There are two main reasons.
 It did start a bit earlier around here in Danvers, she said, but it is continuing through right now.
 In her appeal letter, Barbara Watson, owner of 43 Village Hill Road, designed by architect Royal Barry Wills, stated, given the number of houses that Mr. Wills designed, not all can be significant.
 But for those who are doubtful of the efficacy of this year's vaccine, health officials such as Dr. Alex Walker, chairman of the emergency department for Melrose-Wakefield Hospital in Melrose and Lawrence Memorial Hospital in Medford, say the flu shot, even if it doesn't prevent the flu, reduces the severity of flu symptoms.
 It's making people feel a little sicker. She said she's seen more patients this year than at the same time last year.
 by 2020.
 The first option was a renovation only with no additions.
 I am most enthusiastic about the provisions of the bill that would create market mechanisms to reduce greenhouse gas emissions from vehicles and buildings.
 The selectmen have the authority at the appeals hearing to approve or deny the property owner's appeal.
 We would love to have them to be a part of our community and our library.
 As for why the North Shore may be getting hit so hard by the flu this season, health officials say they aren't certain.
 The report notes that because a majority of cases aren't lab tested, the number of confirmed cases doesn't necessarily reflect the quote, overall incidence of influenza unquote. Still, there is no doubt.
 The Global Warming Act defined a goal of an 80% reduction in greenhouse gas emissions by 2015.
 debt exclusion passes and take approximately 12 to 15 months to complete.
 Listen anytime on the BMC Podcast Network, on SoundCloud and iTunes.
 Thank you, Claire.
 The appeal process. Homeowners will have to demonstrate why they think their building does not qualify as historically significant based upon six criteria, such as whether or not the building was associated with a historic significant event or with the life of historically significant
 Nominations are accepted between February 26th and March 31st by filling out an online form.
 The building is at the end of its useful life," said Stevener.
 Earlier this week, the Senate Committee on Global Warming and Climate Change released an omnibus bill, Climate Change Bill.
 They made statements such as, no one would want to tear down our house, which might be the case, but is not relevant to the appeal, he said.
 Now here's Max.
 The problem is that the H3N2, when it shows up, that's a challenge," Gendro said.
 Sadly, we're out of time.
 Thank you, Bob.
 School Building Committee starts work on Module 4 by Joanna K. Zuvallis. The Belmont High School Building Committee is getting ready to begin the work on Module 4, the schematic design phase in the eight-module process with the Massachusetts School Building Authority.
 The bill also speaks to climate adaptation.
 Thank you, Bob.
 It basically goes after the very young and the very old, he said. That's why we're seeing fairly high rates of hospitalization throughout the state and particularly through the North Shore.
 Thank you, Max.
 then from residential buildings with the regulatory rollout to complete by
 And now over to Claire.
 All finalist candidates were very accomplished and they will continue to provide excellent public education leadership in their current and future positions.
 Teens in the kitchen laughed that they recognized most of the 1950s and 1960s rock and roll performed by Stanley and the Undercovers.
 Belmont residents were encouraged to give their feedback on the current design model and help brainstorm uses for what is being called the South Plaza, an outdoor space between the south side of the new building and Clay Pit Pond.
 As part of the terms of probation, Tutman ordered the defendant to wear a GPS monitoring bracelet, to stay away from and have no contact with the victim, to undergo a sexual offender evaluation, and comply with any recommended follow-up care.
 If you are a Watertown resident without a plot, you get the next one in line.
 the source is committee to study the number of selectmen.
 The town meeting continued on Wednesday, May 3rd, and is expected to vote on the citizens' petition for a special election to opt out of the non-medical retail establishment in Belmont, and seven amendments to that petition, which would allow one or more types of marijuana establishments to be voted on if a special election is approved.
 Nearly 500 people ages 2 to 70 registered for the third annual Beca Pizzi 5K road race on April 29th, despite the wet weather.
 She said it's prime real estate there.
 Fully implementing the work order system and associated modules will be extremely helpful to us as a way of measuring productivity, helping us get in front of smaller issues before they become larger and more expensive, and give us a routine way of communicating with those who are requesting maintenance and repair services.
 Thanks, Claire.
 Belmont Savings Bank was the major sponsor and Belmont Boosters were the organizers.
 Ultimate also raised concerns about traffic in the area and encouraged the committee to give more thought in terms of urban mobility, particularly with covered parking areas for bicycles.
 With her nephew's wedding coming up, Nancy Lowenstein was just looking to get in some dance lessons with her husband, Joe Rancatore, who owns Rancatore's Ice Cream and Yogurt in Belmont and Lexington.
 just search for the Belmont Media Podcast Network.
 And now on to Claire.
 The victim borrowed the defendant's phone, on which she located photos of herself without clothes on.
 Change and innovation in the private sector are, among other things, key to personal success and organizational survival and prosperity.
 The total cost of a burial with the plot for a municipal cemetery is $10,000 to $12,000
 Resident Charles Smart and school committee member Tara Donna also expressed concern about the expense of the project.
 I am so excited we keep growing bigger and bigger, even with the hurdle of pouring rain.
 The average cost for burial is about $7,500 and this does not include the cost of the plot.
 Nowadays I have families come in and say just give us the cheapest casket or cremate them. They just don't want to be bothered.
 His graduate work was done at Harvard University, where he specialized in organizational development.
 He started his business in 1963.
 Belmont will now have an additional historic district.
 I really can't believe that I have my own race named after me.
 She recommends doing a pre-need revocation trust to prepay the guarantee, the services, and merchandise costs at today's prices.
 Kristin Baryshyn, Pizzi's sister, was the first female to finish at 21 minutes, 23 seconds.
 And I think that's been a nice part of this, too.
 3% marijuana sales tax was approved.
 Thank you, Bob.
 I understand at a detail level construction practices, methods, and techniques.
 Knowledge that I cannot, will not cure cancer or solve world peace. This is my opportunity to make a greater contribution to my community and hopefully enrich the lives of the staff and students they teach. Wu, a biotech executive, is also enjoying the chance to try something new.
 and the open spaces allow for natural light. Lovallo also noted classrooms in new school buildings are now required by code to be located on an outside wall.
 And it was great to see teen servers get out on the dance floor after dinner, said Hartman.
 When she heard the studio would be on the market, Wu jumped at the chance to take over for the previous owners, Earl and Jennifer Battle.
 A special election could determine whether or not Belmont will allow certain types, any type, or no non-medical retail marijuana establishments to open in Belmont once the citizens petition to opt out of the state's legalization of such establishments, and the seven amendments are voted on by the town meeting.
 He replaced Gerald Boyle, who officially retired on December 29.
 It was a challenge for me to adjust to a system that does not reward any of the things to which I have become accustomed over my three-plus decade long career.
 I live in an 1876 farmhouse.
 The amendment requiring special permits to such projects to be reviewed and approved by the planning board is now permanent.
 Proceeds from the race will benefit the Beca Pizzi Foundation's scholarship, which will be presented to graduating BHS students in June.
 We will return next week for another edition of Local News Happenings Around Belmont.
 discussion of design.
 The ladies also received roses after dinner.
 Other towns hold intergenerational proms, which many Belmont seniors enjoy attending, said David Ching.
 On the face of it, it seems as though there is a backlog of work that needs to be prioritized and completed.
 The cost of a plot at the historic Mount Aubin Cemetery in Cambridge and Watertown starts at $60,000 and about $2,100 to open the grave, $1,000 for the grave liner,
 His daughter, Adrian, always looked up to her father and joined the business in 1987.
 So death is really for the living, she said.
 its first single-family property pending approval by Attorney General Maura Healey's office.
 This is a dream come true to see signs around my town with my name on it. In the town I grew up in.
 made new friends that we see outside of the studio now. So that's also been something that we really didn't plan on.
 This will give the planning board until December 31st, 2018 to draft zoning regulations for non-medical retail marijuana establishments in Belmont.
 Awards were presented for male and female winners in eight age categories.
 Now on to Claire.
 We exist to serve the needs of everyone who uses or works in municipal buildings including staff, students, residents, and others. What do you think are your greatest strengths which will benefit you in this role? As a vocation and avocation, I have built structures of many types in multiple states.
 It's also an opportunity to show my kids that it's never too late to do something that's completely out of your comfort zone, she said.
 John Kolterman, a Precinct 1 resident and the former chairman of Sustainable Belmont, also asked about energy efficiency and the goal for a net zero building.
 Volunteer teams from Caldwell Banker, Leader Bank, Friends of Belmont COA, and Belmont High School took on projects to help make the event a success.
 Dorrance has been working for the state for the past four years as Bureau Director of Facilities for the Ford Department of Public Health Hospitals. Two million square feet, 45 buildings, 1,000 acres of parking.
 Having taken classes at Fred Astaire's for more than ten years, she has seen it all first hand.
 Smaller retail stores, defined as those covering less than 30,000 square feet, will no longer be allowed to use the thin-film single-use plastic checkout bags beginning in February 2019 or sooner if their current plastic bag stock runs out.
 Lastly, although there is a tremendous need for standardization and implementation of best practices, it was very difficult to get there given the organizational resistance to change. What accomplishments did you make in your current position that you are most proud of? I started at one hospital and over a period of about 18 months assumed overall responsibility for some aspects of four hospitals, including 800 beds, 1,000 acres, 40 plus buildings, acres of parking,
 meeting voted 238 to 16 in favor of the article.
 Over to you, Bob.
 For many years I was a member of the National Trust for Historic Preservation and personally did a number of authentic period restorations of antique homes.
 Dick Madden, a Pleasant Street resident, expressed concerns about the overall look of the building and whether all of the open space was necessary.
 Now here's Max.
 The Belmont Council on Aging Assistant Director Lillian Hartman organized this event with the assistance of Belmont High School volunteer students from the Belmontian Club.
 I am excited about the stewardship responsibility for Belmont's period municipal structures. What do you see as the greatest challenges of this role? Since I have not officially started yet, it's a bit of a challenge to enumerate what the biggest challenges could be.
 and to be buried on a Saturday, it's an extra $1,200.
 The meeting began with a discussion of the revised design for the lower school, which will house the 7th and 8th graders in a separate wing from the 9th through 12th graders.
 The release states, on June 12, 2016, Belmont Police were notified by the victim that she had been sexually assaulted the night before in the defendant's Belmont home.
 It was reminiscent but celebrated who we are today and left lasting good impressions for all.
 A single grave for two burials at a municipal cemetery is $1,300 and $800 to open it.
 The event started off with a one-mile run for children with 100 participants.
 Some of the arguments for increasing the number of selectmen are greatest stability for town government in policy planning and hiring, increased representation, diversity, and viewpoints, less likelihood of one board member being isolated or dominating others, potential for wider range of skills and experience on the board, permits members to use one
 The first night of the annual Belmont Town meeting ended at 9.30 p.m. with six articles approved by wide margins, with the most discussion on the plastic bag ban.
 It's about $3,800 to be buried on a Saturday at Mount Auburn if you already own a grave," said Adrian.
 Among them are developing comprehensive preventative maintenance programs for all the mechanical systems in the buildings throughout the town.
 Meet Belmont's new Facilities Director by Joanna Kate Suvalis.
 The event became an annual tradition three years ago after Pizzi became the first ever American woman to compete in and win the World Marathon Challenge, running seven marathons on seven continents in seven days.
 Kinesthetic Connection, Couple Finds Community at Belmont Dance Studio by Abby Patkin.
 Listen anytime on the BMC Podcast Network on SoundCloud and iTunes.
 concern about expense of project.
 In that world, performance goals and incentives are, for the most part, very clear.
 Thank you, Bob.
 A search warrant was executed on the defendant's phone by Belmont Police, who found multiple still photos of the victim in a state of undress, as well as videos of the defendant sexually assaulting her while she was unconscious.
 If it's a private cemetery, total cost for burial with the plot starts at $18,000.
 According to Lovallo, the total project cost is currently estimated at $295 million with up to 40% subsidized by the Massachusetts School Building Authority.
 Belmont and surrounding towns still came out to run.
 If you're not prepared, you have to know that a funeral could be a very big expense if you don't own grave space, because you have to purchase a grave," says Adrian.
 She said cremation is now 70% of the business for many funeral homes.
 Dorrance has an undergraduate degree from Suffolk University in clinical psychology and a degree in criminal justice from another institution.
 The town meeting approved this article 242 to 9.
 The oldest winner was Missy Shea, finishing in 31 minutes, 4 seconds.
 Adrian says today's generation doesn't think about the death care industry and importance of planning ahead. She often has clients who are shocked at how much it costs to give a loved one a proper burial.
 This community and shared passion for dance are what convinced Lowenstein and her husband to stay.
 In the meantime, Town Meeting took advantage of some extra time on April 30 to vote on two articles related to retail marijuana establishments, the 3% local sales tax and a temporary moratorium.
 Reliving the Prom by Joanna Kay Zavellas.
 This knowledge will hopefully be important as we consider preserving our existing structures and building new ones.
 Thank you, Bob.
 Dancing was par for the course, but the couple didn't expect to find a community at Belmont's Fred Astaire Dance Studio.
 Fellow said the building will still achieve a very high level of energy efficiency, even if it doesn't hit net zero.
 The BHS Madugal Singers and Dancers from Fred Astaire Dance Studio in Belmont, including Belmont resident and dance student Sherry Jones, entertain guests.
 An affair is way too much work, and I've already owned a sports car," she wrote in an announcement to the students.
 the community you get connected to there," Lowenstein said.
 Beginning this November, or possibly sooner, Star Market in Belmont will no longer provide single-use thin-film plastic checkout bags to customers.
 There is no longer a sunset clause on the General Residence Zoning By-law put in place in 2014 to prevent oversized and out-of-character additions and new construction.
 Dietze manages Muzi's Ice Cream in Belmont and owns a daycare in Belmont.
 Funeral Director Advises People to Plan Ahead by Joanna K. Zuvallis. Nicholas Fagas, founder of Fagas Funeral Home in Watertown, always used to say, there are two things in life you're never going to avoid.
 The BHS Building Committee Chairman Bill Lovallo said the building's energy use is being carefully considered.
 Community shows support for Becca Pizzi 5k road race by Joanna Kate Suvelis.
 Belmont is now one of more than 65 Massachusetts towns which is banning retailers from using thin film single-use plastic checkout bags with handles.
 Along with my colleagues Claire and Max, we thank you for listening to The Talking News and hope you've enjoyed the show.
 The lower school wing will be angled away from the closest section of the main building to provide more natural light and open space in that area.
 He loved Burlington's intergenerational prom so much he presented the idea to have one in Belmont to Hartman, who took it on wholeheartedly.
 The next summer break is just a few weeks away and ensuring that all the work that has to be done over break is appropriately specified, bid, and ready to be started.
 It's important for families to see where it is and make sure they like the location. Plots at private cemeteries like Newton Cemetery or the Gardens start at $6,000 and an additional $3,000 to open.
 The Belmont High School Building Committee continued its design quest with a community forum on April 26th at the Wellington Elementary School.
 According to a press release from Ryan's office, Judge Kathy Tuttman sentenced the defendant to 9 to 12 years in state prison and 5 years probation.
 Should Belmont increase number of selectmen? Town meeting expected to have decided by May 7th by Joanna Kay Zavalas.
 And now on to the talking news.
 Belmont man pleads guilty to 2016 sexual assault. Middlesex District Attorney, Marion Ryan and Belmont Police Chief, Richard McLaughlin have announced that Zachary St. Paul, 35 of Belmont, pleaded guilty today in Middlesex Superior Court to sexual assault charges in connection with the 2016 rape of a woman who was known to him.
 Many people are opting for cremation because of the lower cost and the lack of cemetery space.
 The system, as I hope it will work, will be instrumental in providing metrics on a number of things, including the frequency and cost of repairs on mission-critical systems.
 Steve Dorrance officially starts his new position on April 30th.
 In her opening remarks before a large crowd at the Belmont High School track, where Pizzi once shone as a star athlete and runs religiously every day, she announced she was getting into the Guinness Book of World Records for the fastest time to complete a marathon in each of the seven continents by a female in six days, 18 hours and 38 minutes, January 23 to 30, 2006.
 When they approached me with this opportunity, I felt like this was serendipity, working to put me in this place, because it was something that I wanted to do in terms of running my own business, but it was also something I was passionate about," Wu explained.
 Now here's Max.
 Watch and listen to the Talking News every day at 12 noon and 6pm on Channel 96, Comcast Xfinity and Channel 30, Verizon.
 She said local municipal cemeteries like Ridge Lawn in Watertown no longer allow residents to pre-purchase because there's not enough space.
 It was built in the 1800s and is one of the few remaining examples of federal style architecture in Belmont.
 The victim had no recollection of this event and had no memory of returning to the defendant's home.
 This will allow the town to charge non-medical retail marijuana establishments a 3% local sales tax.
 Now here's Max.
 Scott Dedeo finished first in the male category, finishing at 18 minutes, 54 seconds.
 A funeral is part of life.
 Lawrence took the time to answer some questions from the Citizen Herald so the community could get to know him a little better.
 This means current or future owners will have to get approval by the Belmont Historical District Commission for any changes to the exterior of the home visible from a public way.
 Buying a cemetery plot is like buying a home," says Adrian.
 Residents give suggestions to design team for Belmont High School project by Christy Armstrong.
 St. Paul pleaded guilty to two counts of rape, one count of indecent assault and battery of a person over the age of 14, one count of photographing an unsuspecting nude person and willful dissemination of a photograph of a nude person.
 Some of the arguments to keep the number of selectmen the same are, allow board deliberations to remain transparent and open to the public. Every selectman is vested in the job. Elections would remain competitive. Three members are more apt to reach a consensus. Meetings are efficient and reasonable length. Current level of authority and accountability
 Plastic bag ban approved by Joanna K Zuvallis.
 The total cost for cremation is $2,300, according to Adrienne.
 I am looking forward to addressing some of the short-term operational issues and longer-term strategic matters, including the myriad of choices related to the new high school construction.
 Thank you, Max.
 Taking over the studio is Wu's way of giving back to her community and fulfilling her dream of running her own business, she said.
 Town Administrator Patrice Garvin introduced Belmont's new Facilities Director at the April 12th Board of Selectmen meeting.
 She made history again this year, participating and winning the World Marathon Challenge a second time.
 Thank you, Claire.
 can also be heard Mondays and Tuesdays at 4.30pm and Wednesday at 12.30pm on Channel 9 Xfinity and Channel 29 Fios.
 Prices for cemetery plots vary from cemetery to cemetery.
 The home is the last surviving property of what was once a 17-acre farm owned by the Frost family, which grew celery.
 The victim told police she had been out with the defendant on the night of June 11, 2016, and when she awoke next to the defendant the next morning, the defendant informed the victim that they had engaged in sexual intercourse.
 This project will likely add $1,800 to the average annual tax bill for homeowners over a 30-year period, said Bob McLaughlin, BHS Building Committee, Permanent Building Committee, and Warrant Committee member.
 inspired by how loyal and loving our community is," said Pizzi.
 The revenue from this sales tax will go into the town coffers to be used for anything the town decides to use it for.
 Town Meeting approved an article to make 291 Brighton Street a local historic district.
 It is not only a religious ceremony, it helps people come to the realization that their loved one is no longer with them.
 What are you looking forward to most about this new role for you in Belmont? Keeping in mind that I've not yet started, but from the interviewing process it seems as though there are a number of challenges facing the new director.
 Special permits for smaller projects defined as 300 square feet or less, such as decks or dormers, will now be reviewed and approved by the Zoning Board of Appeals.
 The youngest winner of the 5K was Molly Sheehan, finishing at 24 minutes.
 Her daughter, Nicole, is now a third-generation funeral director and embalmer.
 Two years later, the couple continues to take regular lessons at Fred Astaire's.
 The article for a temporary moratorium passed 190 to 52.
 And now we'll declare.
 Seniors entering the Beach Street Center on April 27th received Hollywood treatment with a red carpet runway, photographer taking their photos, a colorful balloon archway, and centerpieces, a popcorn station, live entertainment, dinner, and dancing at Belmont's first intergenerational prom.
 I hope the hands-on practical knowledge coupled with the experience of day-to-day operational building management will be the right combination for Belmont. Virtually all of my experience, save four years, is in the private sector.
 In net zero buildings, the total amount of energy used by the structure on an annual basis is to be roughly equal to the amount of renewable energy created on the site.
 Black and white photos of residents' proms from 1955 to 1960 added to the Hollywood-themed
 We started off just wanting to learn how to dance, and then we found a nice community and a nice kind of family there," said Lowenstein, one of the studio's many Lexington-based students.
 When my husband asked me why I wanted to do this, I joked, semi-seriously, that this is my midlife crisis project.
 It really has been a lot more than learning how to dance, contributing to community. The sense of community is exactly what made the studio's new owner, Belmont resident Elizabeth Wu, want to invest.
 will have to, they will have recyclable paper bags and also sell reusable shopping bags or customers can bring their own reusable shopping bags.
 Former Board of Health member Dr. David Alper, also a town meeting member for Precinct 6, said stores in Colorado generate up to $40,000 annually from local sales tax.
 I love Belmont so much," Pizzi said.
 Thank you, Max.
 The Selectman's article to ban thin film plastic checkout bags passed at the town meeting by more than two-thirds vote on April 30th.
 see an awful lot of heat in the wintertime pouring through that glass," Madden said.
 Thank you, Claire.
 Back to you, Bob.
 Belmont should have this type of event so that teens and seniors can showcase their ability to organize, share good spirits, and bring vitality to a common place across generations.
 Lastly, I see the Facilities Department as a customer service function.
 The aim is to give the lower grades a discreet sense of place, according to consultant Brooke Trivas from Perkins and Will, the project's design team.
 If you have any doubts on that score, ask those of us who pick up our mail at RFD boxes.
 In the laboratories, the men who develop new equipment and the men who will have to build it are always at work.
 The business was started back in 1876. I was in some haste to invent the telephone, but it has urgent work to do.
 I bet you that never happens. What's the answer? That's a question that people have been asking themselves for years.
 long distance.
 The future of the telephone business is bright and rich with promise for the millions of telephone users like yourselves, whose quick acceptance and ready use of each improvement in telephone service has helped make possible an endless chain of accomplishments.
 Not enough for the equipment to remember.
 More calls mean more jobs to do, and more people to fill those jobs.
 she could be correctly billed.
 Then I see, perhaps in the next century, the tiniest, farthest hamlet woven into the wire fabric. Telephone people must always be looking ahead.
 a new technique in telephone service that makes it possible for operators to dial long-distance calls directly without going through other operators along the way or at a distant place.
 Look how small this repeater unit is. This smaller, easier to make amplifier was made possible by developing the transistor, a tiny piece of sound amplifying equipment that requires no warm-up time and has an almost indefinite lifespan.
 next tower on a hilltop 25 miles away, which receives the signal and sends it to the next hilltop tower.
 making of the test wire that in time became a red-hot snake of slithering steel racing through a western electric wire mill, and eventually turned into the extra-strength telephone line that crosses Dave Baker's pasture. New wires, speedy, power-driven augers that burrow out of the earth a place to set a telephone pole, sharp-tongued wire plows that bite into the ground as if they really enjoyed it, and lay special rubber-covered
 spotted in her Sunday paper.
 were trained racing across country.
 I want you to listen to me as I talk on the phone.
 this girl. The country's telephone service can't be turned off while the telephone company changes over to new models.
 Out in the field, we installation people have always had the problem of installing the new stuff and cutting it into the line without interfering with anyone's service.
 And that's a lot of telephone service. Not to forget television programs, tele-typewriter news services, and radio programs.
 Today in many places, with many more on the way, you give your long distance operator the number and she
 Since the end of the war, we've put up about two million of them.
 The next thing you know, Wabash 2-2098 is ringing.
 is a pretty complicated affair. Ask him.
 What goes into it? Where do we get it? How much does it cost? What are the conditions under which it must be handled? What tools will be required for its assembly? What production procedures will be followed? What skills will be required by people employed in this operation? What training will they need in addition to their previous experience? Is adequate test equipment available? What rate of production is indicated by the specification?
 It used to take a lot of construction work, a lot of telephone poles, to bring in a telephone to someone in a rural area.
 of this bell telephone exhibit. It can be found in the shape and form
 Besides serving as a path for telephone wire and acting as a highway for the newest transcontinental airplanes that fly so high they cannot be seen, only heard.
 Monday morning in media and Mrs Douglas of the Hillcrest Avenue Douglas's and hardly wait telephone Philadelphia to order a real bargain she said.
 a ship putting out to sea.
 I'm going to throw this switch and turn back the clock to the days before you could talk on the telephone over distances of say several hundred miles. Now I want you to listen to this.
 You go in the Bell System from the operators at the other end of your line who take pride in the part they play in furnishing your telephone service, to the
 Our customers like to feel they can use their telephone anytime, and making that possible has always been part of our job.
 The basic coaxial cable can handle 1,800 telephone conversations at one time.
 She calls into action the crossbar dial switching system, which sets in motion the corresponding equipment in Chicago.
 The difference being we now use wire that requires one pole for support, where three were needed before.
 Time required, about one minute. We've come a long way since 1927 because we wanted to come a long way.
 However, it's one thing for highly skilled scientists and technicians to devour equipment in the laboratory, and quite another to mass produce it on a production line.
 some of the old timers they'll tell you. Glad to I can still remember how we sweated it out together draw
 can be seen reflected in the eyes of those who are privileged to look at it.
 still using paws today.
 Since the end of the war, well over a million of us have had telephones installed.
 in Philadelphia, the information is processed by machines which have had such brains and skills that they can translate the coded perforations into a record. Efficient as this equipment is, it's but an early step in the development of an automatic message accounting system.
 That's the way Alexander Graham Bell thought of it.
 and finding the answer in a type of telephone service that switched calls automatically.
 Thank you.
 What will it be this time? An operator dial call to Cleveland? Or the ballet on Channel 2 by means of coaxial cable? An important call by mobile telephone service to a transcontinental truck on US 1.
 This array of impressive looking equipment in the central office went into action to do just that.
 We've always felt that in the long run, the best equipment we could provide produced the best results, not only for the people we're in business to serve, but for those who helped to make that service possible as well.
 that way in 1922 when you might have heard this kind of conversation by some engineers who had the job of looking into the future.
 One of the most important problems that had to be solved to furnish this service was finding a way of automatically keeping track of how long Mrs. Douglas' conversation lasted, the telephone number she called, telephone number,
 Quite an improvement in long distance service.
 and so on until its destination is reached. Another communications highway of the present and the future is to be found in coaxial cable.
 Tomorrow we'll still be here as well as previously.
 The only visible sign of these conversations is the radio relay tower they come from, through whose lens pass microwave radio beams, carrying not only the telephone messages you speak, but the radio programs you hear, the television shows you see.
 There she goes.
 has been the faith of the American people who have invested their savings in the Bell System in the present.
 and made from the metal and the wire, the time and the effort of those who are privileged to create it.
 As a production supervisor, I know from experience it's tough enough to make a change on a production line that's already in business, let alone starting from scratch to set up a new one for something we'd never made before.
 find telephone people building for the future.
 A taxi or cable like this has already crisscrossed the country, pushed past some of our last frontiers, guided by a 20th century type of pioneer who swapped his covered wagon and team of oxen for a diesel-powered cable plow and left in his wake not a wagon trail, but a network of electronic highways.
 The people they served. The future had been met before it ever arrived.
 and makes you laugh, quite an ominous work. In my opinion,
 They're the ones who followed the job from an induction furnace where the test ingot was poured, through the prescribed heat treatment,
 Power problems, sure.
 develop something new it's a physical impossibility and financially impractical to rip out everything we have in service one day and replace it with all new equipment the next. Besides, who is to tell this man that his call is not so important but that it can wait?
 Here's of Science, a series of information films presented as a public service, documenting the latest developments in medicine and science in the space age.
 a tremendous problem for anyone with the responsibility of providing telephone service in those places.
 not only improving what has been developed, but creating new things as well.
 For research people are hard at work finding out what else it may be able to do, where else we may be able to put it to use.
 The long distance operator passed the call on to a line operator who found an available line to Chicago. And over it, reached an operator at the incoming switchboard for Chicago long distance calls. Chicago. Wabash 2098. The Chicago operator put the call through to the Wabash central office. Wabash. 2098. And finally, the operator was able to ring your party.
 make. Well if we keep on adding customers as we have in the past and if our customers continue to place more and more calls with a manual equipment we have in now we won't be able to give the kind of service our customers expect from us.
 happened to the operators? There are thousands more today than there were before dial. More improvements in telephone service mean more calls to handle, more
 to make a record as well. Here at this recorder, the
 Each of whom, in his own friendly fashion, made that service a reality on an ever-increasing basis.
 I don't think any of you could really understand what I was saying, but let's throw another switch.
 May I have long distance? One moment, please.
 Then I see its lines and poles marching thousands of miles, connecting the head office of every city in the land to the head office of every other city.
 Now you can hear me clearly over a line that represents the same distance.
 The vast spaces of America that represent a living for the farmer
 the latest crossbar switching system, whose automatic switching of telephone calls has made possible operator toll dialing.
 This is a business that is always dealt in the future.
 call you when ready with Chicago. The.
 Charlie, do you have a minute? Sure, what's on your mind? Look at this chart.
 The information that Mrs. Douglas sent and others from the media, is printed on a piece of tape.
 Here's the problem of finding a new spot for the operators who handle the manual switchboards that preceded dial.
 We are going back to the present.
 People like Frank Dubrovnik, Cable Inspector, Mary Jane Holmes, Service Representative, Eleanor O'Brien, Operator, Luke Benson, Field Representative.
 consider that in nineteen twenty seven if you wanted to make a long distance call you picked up your telephone and then something like this took place.
 connected to a central switching office which can connect any two subscribers in a matter of seconds.
 That's because we now use repeater units containing sound amplifying vacuum tubes to give your voice a boost as it goes across country.
 The air above the earth serves as a highway for something else that can be heard but not seen.
 out-of-town call, but she dials the number directly without having to reach an operator.
 as well as the desire of telephone men and women everywhere to keep on furnishing more and better telephone service in the future that makes this story a story without end.
 I'd like to show you what our recent development, the transistor may do for future telephone service.
 circuits for a dial exchange that could be produced not only on a sheet of tracing cloth but on an assembly line as well.
 construction people who see to it that tomorrow's telephone lines are put in today, you will
 took the time and energy of many telephone people who made use of what was already known about dial switching systems in developing the new equipment and new techniques which would make this better, faster, automatic service a reality for the
 Another frontier in the everlasting campaign to improve service is to be found in the town of Media, Pennsylvania, not far from Philadelphia.
 ask the men from our research and manufacturing organizations how we can help.
 In my view of the future, the novelty will wear off, the instrument will be behind. It will grow light, convenient, and familiar to every hand. A common tool within the means of every factory, business, every home.
 if most telephones are dialed.
 made it tough has been the complicated equipment necessary to give telephone service.
 The future can be found in many places.
 and I know you're sharing the stage because afterwards there'll be some other bands who will come up maybe the Belmont
 We all need therapy.
 Ouch, okay, we'll have to check that out.
 What position are you? I play defense.
 And I'll also add that we have monthly meetings open to the public.
 Last year we had a banner year. This year we have a new president, Bob Mahoney, formerly of Citizens Back.
 Tell us what that will be like
 So you're here at Town Day.
 And so we're competing with, obviously, with a lot of jazzy attractions around here. We're not serving any food or drinks.
 And we also give away our LED night lights as well.
 We actually put in our rate. It's great.
 Yeah, the ice cream was really good.
 We have a grass-fed meat vendor.
 You can say anything you want.
 going to take some work. So that we have a climate action plan which kind of outlines some ideas on how we can get there.
 They'd love to talk to you about Belmont history and tell you a little bit about maybe where you live.
 Don't
 I sign all my pieces so that you know that it is an individual piece.
 Tell us how long you've been involved with the youth hockey program.
 Glad you're having a fun time and thanks for talking to us.
 And then, of course, you have to let it dry and do all the other things that go along with glasswork.
 total musical experience.
 so when the lights go off, they turn on and the great people love them.
 Thank you very much.
 Great to have you here at Town Day.
 Jen's going to walk us through the booth here.
 Oh
 We've, Pam and I have been here for about an hour now. We started bright and early and we're getting pretty good traffic here.
 four newsletters a year, two in the spring, two in the fall, that go home to the kids.
 sure you play other groups.
 So if we have outages or we're giving away stuff, you can sign up for that.
 process.
 Rotary is an international organization made up of I don't think how many millions of members.
 So you're taking a short break now, but you'll be back with us a little bit for another setter. You know the problem, Victoria, is in our contract,
 So it's hard to keep your balance or what's the key to a good ride?
 giving away $50 gift certificate to Nick's Place.
 In fact, someone's here to buy a deed right now.
 Well my team didn't make the playoffs this year but we did pretty good at the end of the season.
 So they can bring them back to us in a year, they can bring them back to us in six months. It'll be marked, paid in the bottom. We'll take the old one and dispose of it.
 Well, anyway, we are the reminiscence and we've been doing this since 1973 my
 It's a combination lily.
 They have the rulers for the kids and delt as well.
 So first you can see that we're giving away our, for our kids we have some pencils, some pens.
 Thank you.
 Now all four sessions have openings.
 Thank you.
 So, Kul Balmond, you can tell us a little bit about that.
 Historical Society is staffed by volunteers, a good organization you want to join to stay connected.
 Wow, and so.
 And this serves everything, as you can see.
 They are placed in certain programs, the Greater Boston Youth Hockey League and the NYC, the Middlesex Youth Hockey League for the girls.
 So if it's a nice day like today, it's going to be tons of fun. Bring the kids down and it's a no-lose situation.
 Belmont Savings has a wonderful account, so come on down and open an account.
 I think. Thanks for stopping by.
 And that's going to be a big part of it.
 Introduce yourself.
 And what age group does it cover? We start all the way down for Learn to Skate, which is three, four, five-year-olds, all the way up through a midget program, which is high school.
 He was a keyboard player and he just went through back surgery so he had to sit down really quick.
 just watch your bull riders.
 Everyone's having a good time at the market.
 Nina Gimaldi.
 This is my best friend Michael Joyle.
 You can see how much you're saving by shutting it off.
 It's very ambitious, but I think also quite doable.
 Okay?
 We sold a couple of the 150 packs.
 We invite you down to come down as our guest to have breakfast and see what we're all about.
 So we encourage you to come down today and support the youth hockey in Belmont.
 I'm down there, so you can just ask for me, Steven. And I have a bunch of them, and we'll be selling them again right up to June 12th.
 How can people get in touch with Sustainable Belmont? Do you have a website? If they want to volunteer, how would they do that?
 So starting July 1st, the state is no longer allowing people to put them in the trash.
 So even people today who don't have a need for purchasing these, I'm telling them, but at least spread the word to your neighbors and relatives.
 fantastic as well.
 It's June 21st and it's the first session.
 How about you? I like the bounce house.
 We have a lot of people that like the fact that you can throw it in the microwave, and whereas the glasses are a little bit more delicate, you have to wash by hand.
 This will be out next week.
 Weekly, monthly, and yearly. Correct.
 and it passes the Belmont Health Department tests.
 One of the reasons we're here today is that we have a really long-standing program, 17 years running, called the Powers Pow Wow.
 sign up for it.
 usually keeps the money straight.
 update that frequently as we
 For years we've told people to put the sharps to the needles and syringes and little lancets, mainly for diabetics, but other people that would have used those.
 Andy will know.
 the manager here at Belmont Savings.
 We have to do a lot of equipment and uniforms and jackets.
 And you have to tip your hat to the people that organize it because it's a lot of work to organize.
 We do have some prepared foods, but again, pretty locally prepared.
 Okay, well we're here with the Belmont Rotary Club and I understand we were lucky to get the president here at the booth, so introduce yourself.
 CIT program from 12 to 14.
 It's a new service so that it really is a safer way to dispose of all your needles and sharp objects and keep them out of the trash.
 as well as they can check out our website.
 What's going on?
 So as long as you have a membership to the library or card, you're able to take out the kilowatt and we're always, they help, they're great.
 Went off the rim, okay, maybe next time.
 We do glass and crystal as well as pottery.
 And so what do you have going on? When's the grand opening? It opens Thursday, June 10th, every Thursday through October 28th.
 Hi, I'm Dr. Phil Scali.
 What do you think? Well, it's really fun and all the rides are cheap so we have enough money to get on.
 All right, well maybe we can get Kim on camera here.
 just email us.
 and then they can put them in their trash.
 So it's starting somewhere and you just launched the program.
 I'm Timmy Bailey.
 Belmont Center Business Association does a wonderful job in organizing and we've got lots of giveaways.
 And it's all about getting the word out.
 You get together, you play here. I've seen you here several years in a row. How many? It's been a long time, and we love it here. It's one of the real great, and we do a lot of these things.
 Is that the first time you've been on the boat? Yeah, it was kind of like I thought I was going to stay on for a long time.
 How many kids would you say participate in the Belmont Youth Hawk? We have a little bit over 240 kids in total last year.
 Why are you here?
 Fantastic.
 We have the dancers coming this year and we are doing some events for kids so that there's activities going on.
 Let me know your name.
 We have a flyer about the Cool Belmont program and what it is and how people can get involved.
 a couple of the here and now books and some of the pins, lapel pins.
 agenda.
 stop and buy the booth at the Belmont Farmers Market.
 breakfast meeting.
 So it's something for everybody.
 So Sustainable Belmont, what's our email address?
 So they're going to need to purchase an approved container like this one, the red plastic, and the health department is starting this new program where they can obtain these
 And then we'll do it in July.
 So we're sure that we just need to get the word out that people will be more than cooperative about it.
 go around and it tells you how you can save and what you can do to save energy.
 The bounce house? This here? Just like a trampoline, like a giant playground.
 I pride myself on the color choices.
 That's the requirement.
 about what's going on at Powers.
 This is a very popular piece, I have to admit.
 We put our specific rates so you would know how much it would cost to run it.
 can sign up to our BMLD updates and you can see what's going on.
 They put a little surcharge on your bill each month and you're buying clean energy.
 Tell me if we had any sales.
 And so why don't we introduce John. Yes. My name is John Queen.
 Belmont Boosters is an organization that supports high school athletics for the whole town, all the different teams.
 We've told him to put them in coffee cans or in heavy detergent bottles and tape them up with duct tape.
 How many millions of members are in Rotary? This is Sandy Kim. Probably about 500 million.
 Okay
 and they do a great job every year.
 So people will give you recipes and tell you what to do.
 and so it'll just be this revolving program.
 If they have any questions on how they can help and can serve, we're always there to help.
 know it's a music school, so what kind of activities will the kids be involved with when they get to the camp? They do violin lessons, piano lessons, a rhythmics class.
 So you bring it home, you plug your appliance into it, and it will accurately calculate the cost of that particular.
 The good thing is you're having fun.
 and the pottery is new, it's about two years old.
 I
 Come on, town day 2010.
 And it looks like it has some expanded hours, 1.30 to 7 now.
 she's the answer girl.
 definitely get them in touch.
 Now that's okay because Belmont's trash is burned.
 Bungee cord?
 does that work? Isabella, high school come up or no? High school and they set up down in front of the band and it's a wonderful kids, they play some great great music and it's a lot of fun.
 Yes, so.
 Ron Rossi retired after 40 years of service with us. He did a wonderful job. And Belmont Savings is one of the few banks that are actually making money.
 doing it out in the field.
 Who are you voting for in this year's Stanley Cup? I want the Blackhawks to win.
 the first Wednesday of every month at the library at 7 o'clock.
 If we have them, we usually always do.
 been here other years or is this the first time? No, this is at least our second or third year here.
 So we're just selling history.
 Most of them use very few pesticides, even if they're not fully organic.
 This is your break.
 and they've been sold out at the library.
 All right, well good.
 And that's a very big part of what we're trying to do.
 I am here with Donna Maltrop from the Belmont Board of Health and
 So I lay this out. But what's nice about my pottery is I try to paint on the bottom so that if you were to display them or want to hang them on the wall, you can see it from all different sides.
 So let me see if I can talk to Kim quickly about youth hockey in Belmont.
 I don't want to lose any sales.
 You're welcome. Bye.
 Actually, I have a whole slew of pieces ready to come out, but I just aren't through with them. I'm not finished.
 been here before? I think we've been here for as long as they've had town days.
 They are
 Wow. Well have fun at Town Day and thank you.
 right away.
 Okay, okay.
 Everybody's wandering around, looking in, usually people who are familiar with the association.
 Lots of free giveaways.
 We also are giving away, our big thing we're giving away is called an echo kit.
 And how long have you been doing this? I started painting about 13 years ago.
 We have a newsletter that goes out to, we send it home with the school children.
 and I thank you for sharing the time with us a reminiscence come and come and check them out Belmont I'm
 We're supposed to sample all the food here in Belmont.
 your balance or hanging on tighter? What's the secret? When you're turning to one side and want to turn to the other side and hold on really tight to the rope.
 We also raise money for many different things around town and globally.
 It's quite a good program, a lot of good competition with the Belmont. And today here we can come down to town day and support the effort, donate some money, keep the program going.
 and purchase a new one from us.
 Currently we're running a promotion as a giveaway for a new checking account at Belmont Savings,
 and everybody buys a deed.
 Mike, Joel and I put the band together back in 73 and we thought we'd do it for a couple of years and 37 years later...
 And when I make this lily, this is my hardest.
 We also have, these are our wheels, which are nice, they're kind of just like the, you can go around whatever you want, whatever appliance it may be.
 Thank you very much.
 And how can you, besides coming down to Town Day and signing up, how can we access the information? You can Google Powers Music School in Belmont.
 All right.
 So John, take it away.
 Sure, so we're actually looking for volunteers to get involved with this.
 They put out a quarterly newsletter and that's done by town historian Richard Betts. Come on down to the table.
 So you're on a team, a winning team? Yeah, we won two years in a row.
 Big family fair.
 I just call it the soup dish.
 They help you develop teams.
 Hello everybody, good to see you.
 to see you here at Town Day.
 Tell us what it is.
 And how long have you been playing hockey? You've been with the program? Since I was five.
 This is our 125th year in existence and we love participating in Talent Day.
 So great.
 And it has just a few tips on what you can do to save money and cut your energy costs.
 We have a little notepad with some sales.
 information is available.
 This is like some fun giveaways we have.
 What else do we have? We have some Cambodian farmers who do wonderful, wonderful greens. All kinds of Asian greens for people who like the eastern cooking.
 Thank you.
 All right.
 paid on the bottom, it's $10, which pays for the container and pays for the disposal.
 only $10.
 all their hunger and thirst needs.
 So we test all the food to make sure it's good.
 see all the good works of what Rotary does.
 Looks like you're having some sign ups, some raffles, some frisbees.
 And the basketball, you tried that? Yeah, one of my friends almost won a prize, but it went right out.
 So yeah, it's a process.
 We'll look forward to hearing you this afternoon.
 There are four sessions starting, well actually, June 21st.
 just introducing the Sustainable Belmont in general or what do we have here for handouts? We have a variety of handouts here.
 We're here at Town Day and we're with Jen Santoro and she's representing the Belmont Municipal Light Department.
 So people should visit the...
 of things that the friends do. Tell us a little bit about what you do with the friends group.
 And that's coordinated with the electric light department.
 So if you live here, I always say if you live here a day or a decade, we're all part of the Belmont history.
 We have a lady next door who makes cookies.
 That's Ishibashi.
 If it's something that doesn't need to be plugged in.
 It's done really well here in Belmont.
 really interested in teaching people about the stuff that they're growing and what they can make with it.
 I am Victoria Hasey and we're here for the Belmont Media Center hoping to capture a little bit of the excitement of town day.
 I am Jim Hawkins.
 Okay, here I'm here with a couple of the participants in Belmont's youth hockey.
 We have some people who sell flowers.
 We went down and got some pizza.
 and it's becoming a major portion of my business.
 I don't think people will not be upset about this program because especially people from other states come here and say, are you guys crazy putting these in the trash? You know, we had a special program in our state.
 do put a lot of information on the website and yeah they can always come down if they come pay their bill just stop in to say hello we
 So you can take one or all of the sessions depending on your interest. And the age group you're talking about? Around 5 to 11. And during kindergarten?
 We have a lot of products for any price range. 35 cent postcards up to $20 items.
 A museum passes families that they can use. We're supporting also the revamping of the website this year.
 Now he's going to help Belmont Savings become a force in New England.
 And that's another avenue where they can find out more about us.
 Unfortunately the trucks smash the containers and sometimes they fall out on the ground or the trash workers can get hurt with them.
 I'm the president of the Belmont Rotary Club and we're here at Town Day just with having a fundraiser, a Rotary Red Sox ticket raffle actually to raise money for a scholarship fund.
 Hey, Greta, what's...
 Is that right? I think it is six, yeah.
 work on with two different mediums.
 And we also have a program in place for referring a friend.
 I saw it in the paper and I wasn't, well it sounds really interesting.
 Two black hogs fans.
 in the parking lot still behind the block of business behind Leonard Street.
 And today is no exception. We have a beautiful day, not too hot.
 I actually work in the Arlington school system and I do this as therapy.
 And what else do we have? Well, tell me a little bit about the vendors, because I know that you were awarded, actually, for 2009, the Best of Boston for Farmers Markets. And that was a pretty prestigious award to be receiving. And you have a list here of the vendors. But what kind of products, what kind of variety can we expect if we come down to the Belmont Farmers Market? We have four or five different produce people.
 And we take that very seriously.
 I just bought a few more to have at the library.
 We have an acting class.
 It's a lot of ways people can sort of get involved and you're trying to get the word out.
 And what we do like to do is get new people who don't know much about us, mainly to pick up a registration form to join and to get some of the basic publications about the history of the town and postcards.
 I only do one or two of each piece at a time.
 I have been on the board for the last two years, but my children have been involved for the past six years.
 We guarantee good weather whenever people hire us.
 Absolutely.
 We don't do the carnival anymore, so this year we're doing a barnyard bingo.
 And that's what you're, the new initiative that you're talking about here with some information you they can pick up on the table.
 Right, it's definitely, this is a kickoff of our new sharps disposal program.
 We're giving away
 with John Kolterman, he's a vice chair of Sustainable Belmont.
 Okay.
 So it's a total musical theater experience.
 I'm Nancy Dignan and this is the Friends of the Belmont Public Library and this is Josephine Fang and Diane Kolopolis. They're also Friends of the Belmont Public Library.
 And it's a summer camp for children age 5 to around 10 with a CIT program tacked on for kids who don't want to leave the camp.
 So yeah, yay! So tell us a little bit about your group if you want to introduce yourself.
 So I've done this, the blue hydrangea I'm ready, the grape I'm ready, my beautiful purple irises.
 This is our new thing. This is called a Kilowatt and these are available for you can take one out of the library. And they're great because you can take any kind of appliance you have at home, plug it in, and it tells you how much it costs to run it weekly, monthly, or yearly.
 We have some who come every week, we have some who come every month, every other week.
 watching this I want to remind you that the TV puts 200 pounds on we're actually Victoria tell them we're really thin right we're really thin
 Every year.
 So Dalton, tell us a little bit about the event, Town Day, and what kind of people come and stop by and say hi.
 Like practices start but games usually start in October.
 savings bank squish balls for the kids for the babies
 We'll block off the field, lay out the lines, make a grid.
 I've been here in the past when you had people out here dancing.
 And then like you're going back and forth, back and forth, back and forth.
 You know this morning we had some other volunteers come down.
 And you're taking enrollments now, applications now for this summer season?
 a lot of energy conservation materials.
 So Sustainable Belmont is an organization in town that's part of Vision 21 and five years old.
 and hope you have a nice day today.
 I was still doing it, Victoria.
 So just to get this started, it's a two day process just to paint this, just to paint it.
 I've talked to a lot of people and they just come to socialize.
 Looks like you had a little bit of trouble, but you got right back on and then gave it another try.
 to the time that the cow mingles on the field.
 We could put desserts, sandwiches, ice cream.
 We just get the schedules going, get the kids the ice, and let them play and have fun.
 So we're basically going to be looking to kind of do outreach to the community and get residents involved and see what they can do to lower their own energy usage and carbon footprint in their own homes.
 some plates, books, note cards, a variety of products. But just stop by and say hi to Dalton and Pam.
 It looks like you have a whole crew here eager and ready to wait on us.
 Okay, go Blackhawks! How about you? Blackhawks!
 If you have a current checking account with Belmont Savings and you refer a friend, you both can earn up to $50.
 something new.
 So that's what it is.
 So, and that's why they told us many times, you know, I wish your music was better, but your weather is outstanding.
 So like if you're going like that, then you can go like that back.
 very popular.
 Some are organic.
 I don't want to hold you here any longer.
 We do singing and staging to get ready for the production.
 That's great.
 try to catch up on a few things that they haven't bought before.
 Now, the reason that we're here all these years, our music's not really that good.
 Olympic Belmont Athletics. Sorry.
 So it's a labor of love.
 And the board is really the driving force behind the funding of the program or the organizing? What does the board do? The board organizes the program.
 At the same time, we're getting ready to roll out an initiative called Pool Belmont.
 She's going to talk about, I don't know, something new, something old, something new.
 Effectively a raffle, first prize of $2,500.
 helpful for us. Thank you.
 and you're green.
 We have a big arts and crafts component so that we're making the sets and the costumes for the production.
 We're now on Twitter, so you can follow us.
 going to tell us a little bit about their initiatives and the display they have set up.
 Alright, well I'm here on the flatbed truck in Belmont Center on Leonard Street with a reminiscence.
 Like I said, it does take a long time.
 We have kids who have been coming to us back probably for maybe 9 or 10 years.
 So we have an e-newsletter people can sign up for and that will tell them who's going to be here and who's not.
 Good
 and it has three CFL light bulbs in it, as well as some other little things, a limelight.
 50 years.
 So let me introduce Dalton Avery, immediate past president, and Pam Bryce.
 We've got some Belmont Savings Bank cookies, pens,
 And we're going to have a cow just going to wander around the field.
 So yeah, tell us, when does it start? Is it not now in the summer? No, it starts, well for my team it usually starts in like September.
 of fun and I know what
 Yeah, it was kind of like, all of a sudden you're spinning around and then all of a sudden, stop! And then spin around and then stop!
 We wish you good luck with the camp.
 We also have our popular LED nightlights which are great.
 We're really looking to cut the carbon footprint of the community by 80% by the year 2050.
 you've been here.
 right here in Belmont.
 come, they wander around, they sample this, they buy a few things, but it's really just to get the community to come out, meet, gather, so it's been a fun, a
 of decades maybe.
 There are four layers and each layer has to dry before I apply the next.
 I love my tomato and mozzarella salad and I also make my own sushi.
 It's great help.
 Like the first round I stayed on for the longest but the second I fell off like kind of right away.
 Okay, and I hope everybody will be encouraged to come down and pay $10, get involved in the Belmont Boosters, support the Barred Yard, bingo.
 So what kind of products do you have for giveaway? It looks like Red Sox baseballs or not quite? Not quite.
 We need a lot of people with a variety of talents, anywhere from web designers to community organizers and so forth.
 give you the latest copy on the Great Depression that was put together by Dan LeClair, who just gave a program. There's
 Nice to see you.
 The community aspect is wonderful and people can come here and see all their friends. Even if they don't buy anything, they're bound to have a good time.
 forever you want.
 This is how many years in a row, ladies? We've been doing it since its inception.
 and some handouts. So good to see you down here and hope you have a nice day.
 I'm Michael Brodigan.
 One is general information about Sustainable Belmont, when we meet, how to get in touch with us.
 since I got here, I think we just sold one book and that was it.
 powersmusicschool.org and you can get into our website and then information is on the website.
 We have some musicians coming.
 Representatives from the Powers Music School, let it rip!
 We have other fluorescent things and energy meters.
 We encourage anybody to buy a deed and you can win money, but that doesn't even matter your health
 This is Daniel Belmont, one word or string at gmail.com.
 purchase these from us and then we'll dispose of them. So we'll mark them
 Some of the projects we do involve trying to eradicate polio worldwide.
 All right, thank you.
 June 12th. And tell us, besides coming down to Town Day, how can we buy a plot? How can we, you have them email, contact, how do we contact you? You can come down to Conley's Pub and Grill, which is at 164 Belmont Street in Watertown, but basically serving the greater Belmont community.
 Now obviously looking at us, you know we do a lot of these concerts.
 Thank you.
 How about the dunk tank? Have you been down there? Yeah, we went there a couple times.
 I mix the pigment myself so I'm able to get the rich, rich color, which you normally don't see, especially in the glass and crystal. And then I bake them.
 Here's the place to be, everything happening here.
 definitely come stop down at Belmont. It's the light department, help savings, help go green and meet Jen and her crew here.
 I assume it, you give me the dates, the weeks that it's available.
 Well Jan, since you're standing by here, tell us a little bit about the table. You have some displays.
 And then we also are helping to promote the Belmont Municipal Light Department's clean energy program that people can sign up for. And for paying a little bit extra per month, they can actually purchase energy for their electricity from clean energy sources such as wind, solar.
 So I know there's a lot of range here and interest.
 And what kind of
 how much you can save when you're not running it.
 Everything is made locally.
 We'd love to hear from you.
 So we're a pretty good judge of when an event is done well.
 Have you found that the same? True, our vendors are awesome.
 We're just guessing.
 This year we're starting off with the Belmont Savings Bank.
 Steve Conley.
 How's the food this year? Sampling anything of the food? It's pretty good.
 dishwasher safe and microwavable and
 We have some sauces and next door, cheeses.
 Well we raise money to support the library and we do so by having book sales throughout the year and an annual book sale and fundraisers. We also do and support the music series on Saturdays and the author series that the library puts on as well as a lot of programs.
 and two sessions in July and then one session in the beginning of August.
 But yeah, you do have some competition, but I know that you're up for it.
 And so we've known this has been coming for a long time.
 We do have free CFL light bulbs.
 And then we have a website at sustainablebelmont.org.
 So that's an alright way to dispose of them.
 We're here at Town Day and we have some Belmont themed products. That means we're standing in front of the Belmont Historical Society table.
 think you're in about your like your sixth year is that
 But most of these pieces, I have designed all the artwork myself, and I do all the painting myself.
 We meet every Tuesday morning at the Belmont Public Library in the assembly room from 7.15 to 8.30.
 What's your favorite thing you've done so far? Well, the thing over there where you run and then you go flying back with a bungee cord.
 go after it in district court.
 proceeding will start upon institution. But that doesn't answer the different question of whether what happened before that is part of the prosecution history. None of the cases that this court has addressed, including the HP case,
 Even if you turn to the third sentence, which is what counsel... What about the and? Selectively invoking CP logic and or CPP logic.
 a little bit of rebuttal time for your colleagues.
 Absolutely, your honor. I please support.
 We don't need those syntax sentences.
 That would not have been any help.
 and genetics.
 did not say our interpretation, just only the CPs required.
 the other. This statement was made, it's part of the public record, it's
 No, claim two is dependent on claim one which means it must be narrower than claim one.
 least cost rally terminology in telecommunications and entertainment content refers to looking at the cost but deciding within those alternatives what we're going to do.
 Mr. Frowley, even if we agree with you that this amounts to a disclaimer,
 This Court has had a well-developed body of disclaimer law that applies to statements exactly like this.
 One sentence appears in multiple places in this record.
 All that's left is the payoff.
 the patent office has a proceeding before it that will ultimately determine the scope of patent coverage, whether claims are allowed or not allowed.
 not crystal clear which city.
 makes a determination, for example, as to whether that is adequate for the reissue to occur.
 and it is the CP logic that is selectively invoked. That's just another way of saying only.
 But that's what police costs without a need.
 In some cases it reduces, in other cases it eliminates.
 two responses there.
 hasn't provided guidance on that. And I think the IPR practitioners would appreciate that.
 So the narrower doesn't mean an additional functionality, limitations. You have to have two functionalities in claim 2.
 But the question is whether we should be stuck with it in terms of as a prosecution disclaimer or whether we should be stuck with it as a judicial stop well.
 we can give it a lot of different names. We can call it the Possecution History Disclaimer, we can call it Judicial Estoppel.
 That was actually a poor part of the argument that the district could have.
 that the free Wi-Fi would do as much.
 It says the fact that the UPNP, this is the very end of the page,
 court has said that should limit the claims. People should be bound by what they said.
 The reduced
 Okay, I understand.
 says, if, however, the MS and MR are both in communication with the UE via the local wireless network, then only the CPP is involved to negotiate media content delivery between the MS and MR. It refers to things 2 and 21.
 I'm sorry.
 intellectual property case, or whether
 But what I would say is the case goes exactly what the Sandesh situation was.
 we're getting confused between military issues with respect to what's allowed and what's not allowed.
 is an iPhone that controls a control point party.
 In this case, at page JA842, you can see that there is a section that says,
 You are truly just going back and forth and explaining to the court, to the PTAB, and saying, this is what our patent is about. So to hold those as prosecution disclaimers, your honor, would change the nature of a pre-IPR proceeding.
 The what?
 That to me is, it seems like the heart of what you need to convince us of.
 consequences that you want the CPP to do as much as possible. You want to have the CP do as little as possible. Because the CP communication is going across the wireless spectrum and that consumes money.
 I don't mean to interrupt, but let me ask you a question to try to shed some light on this.
 Why don't I read those two sentences as consistent with each other?
 seats in the back.
 based on the determination of the challenge independent claims.
 So a person, a competitor, who wanted to know what the scope of these claims are would likely read the patent.
 here at JA1039.
 me to look at the context of everything. The context of everything includes what were you trying to overcome and the thing you were trying to overcome used both. How
 reduction is not elimination.
 judicial estoppel where a competitor wouldn't necessarily go after all the documents and
 What I'd like to do is pick up exactly where we were on appendix 973.
 see what the papine has said about the meaning and scope of the flames.
 What you seem to be addressing now is the idea that statements made in those contexts have nonetheless been held by our court to constitute prosecution history.
 That was going to be my next point.
 have held that statements made during re-examination or probably re-issue have been found to be prosecution history estoppel statements.
 they're going to have some effect, they should have some effect, wouldn't you agree, either as a matter of prosecution history disclaimer or judicial estoppel.
 We don't disagree with that.
 I thank both counsel. The argument is taken under advisement.
 could be the active agent. And we could easily prevent that.
 What about the language at JA 1004 which talks about again it has the language only the CPP is in vogue.
 up there. The sentence goes on.
 This claims 124 as well as claims 2021 and 23 combined.
 said before the patent office is something that is routinely turned to by every competitor in a space, they may
 of which is to avoid the situation of allowing a patent holder to approach the patent office and say one thing to avoid a finding of unpatentability which is
 sentence actually in both 739 and 973
 to support that time differentiation and then said it was confirmed by a couple of statements that we had made on IPR.
 And I come back to this case and say, please look at this case in those three sentences in their entirety, the context.
 Because that's the only way that could happen. Because the two of them are not necessary.
 that something that anticipates a claim, if earlier, would later infringe the claim, right?
 understand what the patent is about.
 Let's do two minutes of rebuttal.
 I
 It's about how going up further in the text, it actually starts with similarly certain of the challenge dependent claims. So it's not talking about claims 1 and 20. It's talking about the dependent claims, right? Right. The sentence immediately precedes that is talking about the independent claims.
 say it has a judicial aspect to it and has a re-examination aspect to it.
 been considered to be prosecution history statements that are important for understanding the meaning of claims? Well, in the DuPont case, which is brief, that was a reissued case. So I think that's a good point.
 Both of them were capably invoked.
 basically as a CPU coil.
 And I would actually present it to the court. The district court actually didn't find a disclaimer.
 We're here on behalf of A-List Appeals for the Motion of Summary Judgment of the United Nations.
 The disclaimer was the first sentence.
 claim 2 says not only must you have the option of having the two of them work, you must also have the option of having pure delivery. So the concept of claim 2 was delivering was I'm going to give you iTunes paid content, iTunes paid content,
 The failure to institute or a decision not to institute is final and not appealable.
 We have those cases in our brief, the Katz case, which had to do with reexamination,
 The point is, all three of these sentences can be read together.
 The second sentence on 973 starts, in other words, so what we're going to be hearing is restating the same point.
 server that controls the control point, the new guest server with the content and the media...
 What we said to the patent office is that claim two requires two functionalities.
 At the same time, I like to respond to three issues.
 What's the how to negotiate media content delivery? Well, that's what we were just going over in the claims. It's choosing either the CP or the CPP or both, depending on the network context.
 such network is available in order to reduce the wireless spectrum consuming
 And if I could turn, Your Honors, to the other disclaimer, because this helps enlighten the situation as well.
 I should point out one of the many reasons why, although the same result can be achieved here through judicial estoppel, the court
 I think we have your argument.
 Time to go. It's time to go to bed.
 the same statements that you could see here could have been made in the original prosecution.
 understand how the reduction sentence saves you.
 page.
 do you overcome that thing if I don't give the same reading to this language the district court did?
 record in the patent office, this is part of the record in the patent office, to say
 reexam, interparte reexam, all this IPR stuff is sort of different. And what you're going
 Or in fact those could be sealed, right? Confidential. So many times all this stuff is confidential.
 I won't belabor the actual disclaiming sentence, because counsel seems to concede that that says what it says.
 because
 making that determination or making those statements that is partly judicial and partly
 My question is, are any of those, are you aware of any cases where, you know, I know the patent holder can request reexamination.
 Look, you can get the content, you can do it, select it, get your content, but you
 three sentences together, the entirety of the prosecution statement, beyond the
 you agreed to in the beginning was that one sentence read out of context you said would look really bad for you and
 wide area cellular networks by implementing.
 three alternative steps.
 may not have access to, know about, or have any even ability to acquire, things may or may not be stated in a judicial document.
 If we had meant to say no involvement, we would have said, the very next sentence, we would have said, the use of the CDP is eliminated, therefore there's benefit in the communication.
 So the court attended the claim construction, but in this claim construction it did so primarily based on the principle of claim differentiation.
 exactly what happened here.
 In those contexts, that was not intended to be a clear, non-critical display. What we were trying to do was just reduce the virus spectrum that was being consumed.
 Suppose I agree with you that the plain meaning of the claims, written in the context of the spec, does not prohibit CP from being invoked in claims 2 and 21.
 analysis, somebody shouldn't be able to say one thing to the patent office in order to avoid a prior art rejection.
 Okay, thank you very much.
 three of these things consistently.
 Internet delivery of media content.
 But of course, I didn't draw a line between.
 I think that may answer your question. And that was held to be part of the prosecution.
 this is capturing all of them.
 There's a Kenji on this timer.
 Both CPP and CP logic were invoked, correct? Correct. Both were invoked.
 But if you read the next two statements, it doesn't say only the CPP is allowed. It just
 the challenge dependent claims are applied only that the control point or the control
 and
 So,
 The first sentence, the disclaiming sentence, means what it says. The counsel doesn't disagree with that.
 In other words, the challenge claims, referring to the dependent claims, require selectively invoking the CP logic and the dependent claims.
 the statements have consequences.
 to do part of the prosecution history and can be disclaimers.
 So those are the four components of the invention.
 One is both words, one is one word.
 Again, what we're trying to do is, in this scenario, reduce the amount of work that the server on the internet needs to do.
 So just
 Now we are going to tell you how this reduction occurs by implementing a least-cost routing decision about how to negotiate media content delivery.
 So, 1003 and 1004, again,
 we not get there and this is the superior way to reach the same conclusion.
 without knowing the context, you wouldn't be able to tell the difference.
 So the idea that the CPP would eliminate the use of the CPP entirely would sort of not fall into how entertainment content is delivered and would be delivered in a logical sense.
 The motion to submit judgment of non-infringement was ran on three basic items.
 Wait
 Are you all set? Yep.
 It does.
 The court did a statutory analysis as it should and determined that because those two things are based on the preceding,
 Basically, yeah.
 That was the argument you made to overcome the prior art references.
 I would encourage you to focus your argument on the same things that he did, if you don't mind.
 before the patent office, it's in the final history, it's not going to go away.
 Claim one required two, claim two came along and required only one.
 to be able to pop it.
 Only the CP is allowed.
 This is part of the colloquy between the petitioner and the patent owner that occurred prior to the institution of the review.
 Oftentimes, you have a disclaimer in original prosecution.
 would take into account load balancing, pathways, encryption, and so on.
 Arguments made in a separate lawsuit between parties don't create estoppels like that, don't create prosecution history.
 you started on page 9 something I'm on page 104.
 Bye!
 That's right.
 Is that a situation you're talking about? I am not sure of the answer to that question, to be honest.
 So we've got two things saying the same thing right back to back.
 The first response is both at or actually at the district court level argue that what matters is what we said.
 we can get a chance to brief what the meaning of the word police cops routing is.
 is your view, that sentence is a broader sentence that applies to all the challenged claims.
 I actually want to focus on the second half, which is, was there a disclaimer in the statement? And there are two statements made in the appendix. So I collected both of those statements. The first statement is on appendix 973, and then
 Our specification also talks about the advantages of in some circumstances having the CCP logic work and sometimes having the CCP logic and the CP logic.
 to what evidence was missing. What it did say was it appears that the CP is exclusively handed.
 minimize that usage of cellular communication as much as possible so that
 The end result in terms of your case doesn't matter, what we call it, does it? There are different standards.
 I'm not sure what the right name would be if it applies here.
 I apologize, but can you point me to where you're...
 The fact that the UPnP does not care how the MS and MR communicate with UE confirms that the UPnP design cannot and does not teach or suggest this feature of the claims. This is the key part.
 public policy reason and no legal reason why that shouldn't apply here where some
 Why it would be so awful if Estoppel kicked in earlier, wouldn't it? If Estoppel kicked in earlier, then Apple would be arguably precluded.
 The pieces that address this issue of when the proceeding starts have had to do with, for example, whether you can appeal a denial of a motion to stay in a CBM.
 And so it says, based on whether they communicated. So it says, as discussed above, this is a key aspect of the claim to mention. So what do we know about that? That means that this was not a slip of the lip. This is something that they were focused on as being essential to their argument, to the PTAB.
 of a very clear if-then situation.
 start with what the fundamental dimension is.
 is, you have a sentence that would appear to go against us. If this was the entirety of the record, I would read that to say, that sentence seems to imply that the control point can't be used. But it's not the entirety of the record.
 with respect to infringement what to acquire.
 The pre-IPR are very similar to an IP to an IPC type procedure.
 Reducing sentence.
 We've got the PTAB saying specifically that talks about the CP logic or the CPP logic exclusively handling the negotiation of the media content delivery.
 And if I was reading and preparing for this, that was my conclusion as well.
 And what we're trying to do is reduce that consumption of money.
 And that is how you in fact do reduce the bandwidth.
 9. A-List Networks vs. Apple
 suppose these same two statements were made.
 First, the independent claims, then it turns to the defendant claims.
 And if they had any gumption at all, would get the entire prosecution history of this patent. If there were a re-exam, they'd want it, and they'd get it.
 clearly public notice function.
 addressing now the point about whether or not something that doesn't occur, I mean process
 counsel glossed over the second sentence.
 start with the word simile.
 I don't understand how to reconcile that.
 information and then you go get the content.
 It certainly doesn't say that CP can have no involvement, because it says you're reducing wireless handling.
 institution post institution
 You mentioned earlier that we have
 in 1004 is followed immediately by the issue of reduction.
 And so I want to address each one in turn, because the single primary basis for the court plan was based on the claims differentiation.
 This court's law on prosecution history disclaimers founded at least on two very important public interest policies.
 possibility within the different possibilities that allows us to say this is not what the choir allows. Now you agree of course just as a basic teaching point that
 have any remedy with respect to what had happened because it's not appealable.
 Then we have the disclaimer itself, which is at the top of 1004.
 It's entirely consistent with this Court's prior holdings on judicial disclaimer and prosecution history disclaimer and why it's so important.
 to seeing you over here, Reggie.
 I ask you then, is it your view that the as discussed above key aspect, which includes the reducing language sentence,
 the idea that a storefront would not be involved in paid content.
 Exactly what happened.
 What does the word handling mean? In handling, one of the things that we argued at the district level is handling doesn't mean an exclusion of involvement. Handling can mean, which is what we were saying at the district level, potentially, was the CP,
 your hurdle to overcome, it seems to me, is disclaimer.
 We did
 So what I would say is...
 If you took that first sentence and there was nothing else in the record, yes.
 the courts here if you'd want that they
 And there can be times when those statements that are made and those requests have a
 Well, it's a legal issue, so...
 So it's saying that in the context of both being connected, which is the context of claims 2 and 21,
 The last thing I would say is that even if the disclaimers
 This Court, in its prior pre-Closo decisions, has held that comparable proceedings such as ex-party re-examination, inter-party re-examination, and re-issue proceedings, that those
 But let me turn specifically to the framework issue.
 The difference between claim one and claim two is claim one says both of these must be present and both of these must negotiate to deliver the content. Claim two is one step beyond.
 First of all, this is in front of the Patent Office. That's one of the distinguishing factors.
 These three steps are the key purpose of enabling the change of invention to use in a local wireless network.
 I think two parts of the answer to that. The first is the existing case law that the court can turn to to seek guidance from.
 The first one was Ms. Fowler talked about the least cost routing, suggesting that that would go to the lowest price.
 All three of these sentences are saying the same thing. The least cost routing decision is the how to negotiate.
 The only way the data, the media can get from the media server to the media vendor is if the control point proxy and the control point work together.
 But the logical claim, too, would be that you have two separate functions.
 2, it says the CPE eliminates the use of the C, excuse me, the CPE uses eliminate.
 That's something that's very much like original prosecution.
 In the very next sentence, it says, as discussed above, this is a key aspect of the claim invention, which
 all your time and your rebuttal time. I'll restore some, but let's
 the district court look at the specification to find support for its conclusion of claim to venturation.
 If you look at 103, at the very last paragraph at the bottom of that page, it starts claims 1, 2, and 4.
 Okay, we're going to restore.
 Those are really the three cases in addition to Cuomozo that have addressed this issue.
 read the next two sentences as a follow up.
 The additional limitation of claim 2 is you can have a structure where only the CPP does all the content.
 That's because this is covering all three scenarios.
 decided that it wasn't substantially likely that Apple would be able to prove its claim based upon the disclaimers made by A-List and
 IPR estoppel applies. That's the Shaw case.
 So again, the language of the disclaimer itself is clear and the context surrounding it confirms that they meant exactly what they said.
 In the same context, this is one reason why a disclaimer should be applied.
 If you're not arguing that it goes away, then you're stuck with it.
 the
 Again, reducing does not equal eliminating.
 in the situation of the independent claims, it would be reduction.
 I'm sitting here thinking about what you said, which was helpful because it called to mind to me the purpose of notice.
 of a situation here where Apple made a substantive argument to the patent office, A-list made a substantive argument to the patent office, the patent
 additional limitation? The additional limitation is that the CP can be eliminated. It doesn't
 That would not amount to a prosecution history estoppel because it has nothing to do with the normal prosecution activities that take place in the patent office where the
 one sentence you said looks bad for you, but you said the sentences that come after save us.
 So he doesn't tell the outside.
 What is our standard for review when someone else finds there's a disclaimer? Under what standard of review do we review the lower court decision of a disclaimer? Your Honor, this is a claim for subpoena, so at the end of the day, we will use the lower court.
 that, right?
 You got around that prior art, arguably, with regard to claim 2 and by 21 by a
 some procedure by which the PTO looks at the declaration that is provided with the reissue.
 therefore making a decision about IPR institution based on that understanding of the language that A-List used.
 Secondly, we discussed the issue of pre-IPR and whether those should be prosecution history disclaimers.
 Exactly. It applies to all.
 Even if claim two structure was possible, where the CP, the phone, the wireless communication, the media, the phone, the radio.
 also then pointed to the reduced language, but if you go down to the bottom of that page,
 Because the patent holder said something in public very clearly that limits the claims, this court
 not be considered, and I don't necessarily disagree with that.
 addresses an important objective, namely the reducing of expensive bandwidth. So in 1994, cellular bandwidth cost about 25 cents a minute.
 the standards a little bit different.
 that underlies many cases of discourse, going all the way back to Southwall, for example.
 suggest the user that the only thing that could be used is the CPD.
 I feel like
 No estoppel.
 So to what extent is a statement made in advance of such a proceeding part of the history that ought to be folded in?
 Council both in their brief and today stopped there. They said
 and refers to that as being in claims 2 and 21.
 So there's really two arguments. First is a pre-IPR statement is itself not a disclaimer.
 you do successfully reduce it if you use only one, right? Absolutely. When you have a reduction, one theoretical possibility of reduction is elimination.
 akin to the one that's actually instituted, where the outcome of the patent, the scope of the claims can be discussed.
 on the one you just said, as discussed above, this is a key aspect of the invention, which addresses an important objective, namely reducing the use of expensive bandwidth. Now, if that sentence was tailored only to a claim to argument, and if you were right about claim two is one or the other, basically only one thing, then
 statements are broadly worded statements.
 about the PTO's response itself to those statements. So we're looking at either judicial estoppel or prosecution history estoppel.
 fiddle with the words Judge Moore. We could have called it re-exam disclaimer, we could have called it IPR disclaimer, but why give it so many different names? But I guess the question I thought that Judge Lynn asked you, which I don't think any of those cases you point to address, and definitely correct me if I'm wrong,
 At the end when they summarize the advantages, those are the advantages of both or either one.
 And they affect more than just individual parties and individual cases, right? They would block prosecution more generally because they're all public.
 reduction if I read the first sentence and it says only this one and I'm
 If you want to tell people they can file in, there's more seats back there. Now that people have left.
 where the court said that the challenge we currently require only the control point logic would be.
 Let me ask you a question.
 are actually a combination of three sentences.
 So, the question is why it will be eliminated.
 Having denied that institution, Apple therefore had no right to a remedy.
 In both cases, the court had to grapple with the issue of when does a proceeding start, because the right to do those two things, or the inclusion for estoppel, turned on when a proceeding began.
 wouldn't you normally say or if you meant them to be alternatives?
 which requires a least-cost routing decision based on the determination of available networks. So, as we learned from looking at page 973, the least-cost routing decision is the decision of which of a CP or the CPP logic is going to be invoked to do the media content delivery.
 Sometimes they don't even give you a reason why and you've got no right to appeal.
 Uh...
 What they are saying, what the court concluded based on this statement was twofold.
 I'm not arguing against the way you are.
 The Supreme Court has not yet ruled that the defendant is guilty of the crimes he has committed.
 The reduction language that's being pointed to is zero in the context of claims 2 and 21.
 Can I ask you a very policy-oriented question?
 but I could interpret the sentence that comes after about reduction to you reduce the bandwidth if you use only one.
 Thank you.
 website delivery. So you could have, the point of claim two is it provides an additional limitation in terms of optionality.
 a colloquy that occurred in a separate lawsuit between Alice and Apple. That
 sentence that says only CPP is invoked to negotiate media content between the MS and MR. I guess I don't understand the prior art had both.
 And the second statement is in Appendix 1000.
 And it provides a very specific reason why in the scenario of claim 2 you'd want to only have the CP logic work.
 The court found in Cuso that the host institution are hybrid proceedings.
 you go back up into the text, it's talking about the different variations.
 Not just the reissue but maybe the preliminary statement before the reissue is actually instituted or granted. I mean, there is some
 suggesting that they were looking at this only language and interpreting it in a way that's the way Apple is now interpreting it.
 scenario is that one is in connection with the server, the other one is in connection with the media renderer. Logic will require the two to communicate. But
 then leave.
 The examiner doesn't require an amendment, allows the claim, but
 The first one is clear and unequivocal disclaimer versus the second one is clear inconsistency.
 But let's take a look at what Apple's, well, the PTAB's. The PTAB said that identical evidence is being used for claim 1 and claim 2. It didn't go into detail as to explain why, what it found as a distinguishing feature between the two,
 Your goal when he was planning it was to go to the server remotely through the phone,
 be able to go to the district court and say something else against an alleged infringer.
 suggest to the ordinary reader from the English language that would exclude the involvement of the control point.
 The difference to overcome the playoff reference was that's a possibility, not the question that's required.
 And then we have the language that was just quoted, which addresses an important objective, namely reducing the use of expensive bandwidth.
 says. So Apple still has another venue in which to pursue exactly the same claim. That's why
 two parts to that as well. So the key
 So the issue is really not one of what the claim to perpetuation is. It's whether there's a prosecution history to slay or not.
 And that's exactly what we said to the PTA, that we're attempting to reduce that cost.
 So two basically mirror statements.
 of draw a line saying that some of it's not and some of it is.
 wouldn't go to a storefront to pay for something before you actually got it.
 You're not arguing that the remarks made should go away and be ignored.
 it would actually say eliminating and instead it says reducing.
 So you're saying within one paragraph they're kind of hitting both and then
 what I believe people would do. And so those statements in there put the world on notice, at least with regard to what the inventor believes is the scope of his or her invention.
 but this statement was made before the proceeding was even initiated.
 page, but we would similarly.
 compel that result either.
 I read the second sentence, it says, will reduce bandwidth. Well, yes, if you use only this one, it will reduce bandwidth.
 All right.
 But the law says you can't look at the context. But the context here are the following two sentences.
 And the court has set a prosecution history disclaimer based on the fact that alleged infringers or people practicing patents are entitled to look to the Patent Office, the
 Prosecution we all typically think of as being that ex parte proceeding that results in the grant of a patent.
 logic even if this turns into either
 say the way you get around the prior art is you only use one.
 could easily be understood to mean what we present as additional work, which is
 easy would not imply illumination. So if you take
 Pre-emptive.
 I'm sorry to interrupt, but I want to make sure I get my question in.
 in both cases the cotton holders try to avoid cotton ability.
 allowed in a prior op, what is allowed to overcome a prior op reference is if there is a structure one
 And I think an understanding of the technology makes it clear that you're never going to provide paid content without a reason.
 And we believe the claim of enunciation, the court misunderstood the difference between claim and enunciation.
 But here they are telling the patent office that these are different ways to accomplish something, depending upon what the network environment is.
 That's exactly right.
 practice what happened is... Yeah, but lots of people deal with that every day. The PTO denies and some...
 you're using wireless communications.
 someone's talking to the patent office and limiting their claims to try to avoid a finding of unpatentability.
 minutes.
 sentence that applies to pretty much all the challenge claims and the arguments made with regard to say claim one as well as claim two or is that sentence really only applying to what is it two and twenty or two and twenty one I can't remember which what the numbers are precisely that are at issue.
 But let's just jump forward and say I agree with you until that point.
 and then later take a different approach when asserting infringement, right?
 I want this movie, I want to pay for the movie, get it to me. And then you just go to the CP and all you get is basically an encryption key, is the term.
 But in the prior art that was asserted against these claims, both
 we probably imply, that would seem to imply that the CP can't be used.
 First we have the Supreme Court's COSO decision. COSO said, in part, that IPRs are re-examination.
 Patent owner can request reissue, only the patent owner can.
 And this court should not take into account what the PTA said or did.
 the
 kinds of statements, when the same kind of statements that are made here, when made there,
 or CP logic based on whether the MS and or MR can communicate with the UV through the local network.
 It really focused on the claim differentiation argument and really looked at the disclaimer as what the court specifically said, a confirmation.
 Now, without further detail on the explanation of the PyR, the difference between the two
 should this argument made in the course of a proceeding that occurs prior to the review be treated any differently?
 In telecommunications, the least cost rally is a decision. When you look at alternate pathways to the least cost, when you
 In this case, when you pick the CPP as the court has acknowledged, that reduction goes down to zero.
 I would again argue, if you look at the statement, look at the very next statement that follows.
 why should we treat that as prosecution history.
 And I'm saying the very next sentence says, don't eliminate, reduce the use. So I believe this is identical to the Sandisk scenario where one statement, standing alone, one sentence standing alone,
 What the court said, what claim one says is, if one is in communication with one, the other one is in communication with the other,
 get the idea that it says both work.
 Let's hear from the other side.
 claim construction, so you've got claim construction and those are the different sources of claim construction, right?
 So what difference does that make? Well, I'll tell you. Because these are statements made by the patent holder to the patent office for the purposes of telling the patent office what the scope and meaning of the claims is to avoid prior art in order to avoid a finding of unpatentability.
 going is, is only the CPP allowed or is only the CPP required? And the very next sentence says, in other words, the challenge claims require selectively invoking CP logic and CPP logic. And the
 said that what happens before is not part of the prosecution history.
 And then we have to look at the context.
 I see them all the time.
 to figure out how it goes together with zoning and which comes first.
 Excellent.
 It's just one quick
 I think that's what that was trying to allude to, that if you don't follow these guidelines, then you won't be welcomed back.
 Well, I'll do the town plan question, but I was a little broad with it But just give thoughts on the town plan or where we're at with zoning relating to the town plan You know, I I don't know the town plan real well
 Okay.
 Close. Eyes now.
 So, and then in addition to that, this is minor, but Jeffrey wasn't able to go to the Williston meeting, so we went to represent the town of Richmond in order to get Williston to sign on board, because Williston and Jericho needed to sign on board.
 So the process for all of you who are here now and the people that were here last week, we have had two last, I mean last meeting, two that interviewed at the last meeting, three today, and then we have one or two others who have put in their application but couldn't be here tonight.
 Does anybody want to report on select board committees? Well, I could give a little rundown just on economic development activities.
 I never knew that, but I think a lot of people don't know that.
 So these have been in development for about five years.
 But there would be a road closed sign so that it wouldn't be open to the public for the celebration.
 all the back and forth and we didn't wait.
 So who is this guy? Lives in the village and was interested in what the Economic Development Committee is doing and got in touch with Heidi and me to see if there was space and there was an opening for one more.
 get final numbers from our engineer and probably do a vote as early, and I don't expect it to happen, but November with construction not even happening until the following summer. And then the bond payment wouldn't come due for another two years after that.
 Just go through it with me.
 The project was approved at $20,000.
 Which leads into another thing that's kind of bumped up as a priority, which is what kind of cleanup can happen on the Creamery site.
 there was only one, and this is just a grammatical edit, under the Round Church, under section 2, race provisions A, contact with the Round Church.
 So we'll let them do their job and then we'll take a look at it.
 The things that are impacting the rates currently are misallocation of septage revenue, meaning that septage revenue has been taken from wastewater and applied to water to artificially lower the rates for many, many years.
 So this is essentially slightly less than what's in the budget.
 Okay.
 So, I'm going to go through the slides.
 And I think that's what some of it happened, was it started in a little firestorm there on Frontpage Farm and people were going back and forth about the zoning. I don't know if there's anything better that the Planning Commission could have done.
 And I think that's a good point.
 Thank you.
 potential there.
 And not only that, I mean, we were way ahead of the game just in being here.
 I agree.
 would be right
 said you want to keep it at five so that the new members which are going to be two and possibly three get a chance to get acclimated before they expand back to seven members.
 hopefully get a good sense of what the majority of town is looking for.
 In light of the blowup over the zoning ordinance last year and the divisiveness that that appeared to bring from certain entrenched camps, shall I say, to me it kind of begged for somebody coming in who didn't have a dog in the fight, so to speak.
 So it was like for 4,500 and we took off 2152. And you can see the actual time that we took off.
 Should we move the consent agenda? Because isn't that the goal of the consent agenda? Oh right, and the highway access permit.
 Yep.
 Even though this is quite a hefty document, it's a lot more professional than what we have.
 It was really hard to read the person's handwriting when they wrote it out, but the email very clearly shows it should be 566.
 So normally it's not really that bad unless the timing goes off or less
 I just wanted to hear your thoughts about it and about the vote and how it went and is there anything that you would hope to do, make happen differently if you're on the commission? It's very typical of what happens.
 On the other hand, there needs to be a very careful balance of the vested interests of existing landowners.
 Is there any sort of state statute that says as a Lister you can't serve on the planning committee? There is not.
 So we're gonna do that.
 I just think having better standards that are consistent is a good thing.
 It's not called interest.
 but for any kind of, yeah.
 All right.
 That's another goal of the Water Rate Task Force Committee, is to brainstorm and potentially propose ways to share the costs of this benefit to the town among the town.
 I think it was sure that I mean this could be requested of us now, but we've looked at it so
 So then you can be part of a discussion. Yes. Sounds like it. Very good.
 I think it's interesting that a member of the audience was the person who communicated with Eric and that when Chris is talking about communications, that's two-way street. And then Eric read on Frontpage Forum that his bill was being discussed.
 those expenses occurred in our previous fiscal year.
 Yes, the sun was pretty bright over there.
 I just think I volunteer a lot of time with youth sports.
 I see. So that's where we got stuck.
 So it's a, yeah, it was a committee of eight. So he's the eighth.
 I'm going to remove.
 Without any discussion of what to do about it as the town grows, it's a wasted effort.
 I'm not sure what else we could do except
 So do we want to invest or do we want to go baby steps? So it's really going to come down to the pluses and minuses of how much we want to spend and what we want out of it.
 That's great.
 It's for Gary Bresser.
 I live in the Brown Church neighborhood, and you can do whatever you want with the guidelines.
 Thank you. Thanks for coming.
 It won't be updated as they go through probably.
 to make a motion. I would like to move the payment in the amount of $2,534.50 for services rendered by CAS Incorporated. CAS. CAS Incorporated. Invoice dated January 3rd, 2013.
 And I do not believe the document as it was put forward, the one that was defeated, reflects that.
 It's really hard to get that, get public input until it's on the doorstep of a vote. And I would love to brainstorm with them to see how we could, with everybody, to see how we could get more public so that we would know that you're doing the right thing by the majority.
 You are so
 They're pretty basic requirements to do. And I feel like that that's something that if you want to hold a race here on our property and inconvenience some of our residents, that these are what you should be expected to do.
 Hopefully it's not too bad.
 And so the needs of Williston are going to be much different than our needs.
 I don't know if you had a chance to look at our invoices, but we detail every bit that's done.
 I think that there was things in that document that were a little bit overstepping the boundaries.
 I believe that when we pared down the last town plan, we brought it into measurable goals, reasonable set of criteria for the town to follow, and I think the legislature really needs to take a look at that.
 Great. All right. So at the next meeting on the 19th, we'll interview the other candidate and then will the decisions be made at that meeting or? That's up to the select board when you want to appoint.
 Any discussion? All in favor?
 And then when we sent this letter with our invoice, we said, you know, we probably expect a little bit more coordination with them. And sure enough, March 26th, I don't know if you've seen this or Jeffrey, you should have a copy of this, March 26th letter for
 Right.
 Jeff and I had a conference call with a gentleman from, was it City Plus?
 That's a common question.
 Right.
 kind of see Richmond as being the first outpost on the frontier in many ways as you move out from Burlington. And to a large degree, that's part of the unfortunate part of the vested interests is that because it is that first really rural community, land prices are going up. And that drives that need to where you get to situations where people need to be able to subdivide to their kids.
 reading, the background information, researching, and I think that the, although I haven't attended the meetings, I did attend the meetings before I was on the Planning Commission just to get a sense of how things are going and I think I would bring back some information to the Planning Commission.
 I don't think it should have that flavor.
 document.
 to know. Thank you.
 The people who inspect the tank no longer guarantee that it will last. Often tank companies will go in and they'll be like, you've got another 10 years.
 I've done it for a while.
 that have been highlighted in this 54-page document.
 don't have to be all together.
 We've all been willing to compromise and we've been very forthcoming in our opinions. And it's been a positive experience for me.
 Appointment of Paul Hoffman, Economic Development Committee.
 Where is the attire and the hat?
 So we may not have a public hearing to pass on any information to you until the middle of June. Okay.
 I do think that we could have done a better job.
 Thank you.
 So we need to figure out what's there, at least figure out who knows what's there.
 like why are we talking about this it's your fault
 One is that there's the unknown about a project that has open-ended aspects to it. And in that case, I think what any client would expect is for your firm to come back and let us know what you don't know. And then when you get information, it seems to indicate that additional expenditures are going to be necessary to make that known before those expenditures, that time is spent. That's number one.
 point we don't even have there's nothing that we're reacting that we have to vote on.
 And we worked up to the April 10th or whatever the deadline was. It was coming up pretty quick. And it was quite a bit of work that needed to be done in order to complete the model and to complete all the paperwork for the, what it was, it was an appeal and a lomer, a letter of map revision.
 All right, thank you, Mary.
 So what came out of it, the vast majority of the extra work we did was related to that.
 You can make a decision to make an appointment and ask that whoever you appoint just not attend until, so that your decision has been made.
 me.
 You can just hide there.
 And I still do think that something needs to be done about the fact that when people get the cross sign, the pedestrian cross sign, the traffic that's going in that same direction gets a green light. So if you're taking a turn, you're turning at the same time someone's crossing.
 Yeah
 Okay.
 You can send us a letter with your thoughts.
 So
 Part of this is to revise the mapping so that there's smooth transitions.
 One happens to be the weekly gatherings on the weekends of bicyclists and joggers that tend to monopolize the parking on Round Church Road, beginning very early in the morning and ending late at night.
 Yeah, no kidding. Thank you.
 You know what? I didn't have anything either.
 So it was supposed to be a much bigger project rather than just saying do we need a light at Railroad Street because that only answers one part of the problem.
 I agree with that because I don't think it makes sense to keep I went and looked for the old Regulations and they don't really make sense and doesn't make sense to keep building without a unified code Whether the zoning laws have been updated or not I think
 Like we don't really expect them to, right? Blow the lawn.
 I'm not sure where the basic part of it came from.
 You can't.
 Questions? Do you have questions for us? No, I don't. Thank you for taking the time with me.
 Go ahead.
 I move the consent agenda.
 I guess I guess we keep it separate.
 Can we talk a little bit, because I know that there was some concern after the last meeting about the tank and that you're trying to raise a million dollars by July.
 Would it be prudent to take a deposit in situations like that? Yes, it would be because you don't have anything to build unless you take a deposit.
 Okay.
 But I can also tell you that we are not going to proceed with anything in the future without communicating.
 It's not for Vermont.
 My son is now in the 7th grade and I don't have as much opportunity to volunteer because he's playing for school teams and things like that. I have some time to do other than volunteering for coaching that I could give some time back to the town.
 good work that we did.
 Great.
 bike path that was not going to be with the road but it was going to be kind of parallel to it somewhere? No, there well all options are on the table right now but part of it was the fact that there's going to be repaving of Route 2 and between from Bridge Street out to the interstate, is that right? Or just beyond to 117.
 should know that regardless of a cleanup conversation.
 Yeah, that's the, after UVM graduation weekend.
 I want to thank the Water and Sewer Task Force Committee.
 did is they had the appeal reviewed by one consultant and the LOMR reviewed by another consultant.
 shouldn't have to have a lawyer to have to read town documents to cipher what they can do and not do on their property.
 I talked to Mark Fossil at the, just this afternoon, at the Planned
 In terms of the process, and I appreciate the comments you already made about the last vote, but what do you think we can do better next time around? What changes to the process would you like to make to make things go? I think you need to, in a way, I think we need to harness the outrage that was generated over it and focus it to where, I mean, they're both correct.
 Okay.
 that Jack?
 on the website.
 it won't work.
 or skate.
 So we're sort of trying to come up with some ideas to manage the ongoing problem, which is probably going to be, start out with raising some awareness with either small signs or flyers or having somebody down there sort of walking on a weekend to let people understand. There are people that live there and to be courteous.
 Excellent.
 I mean, he was doing good work, but you're absolutely right, Chris.
 not going to a recommendation can be made but it's not something that we can just put into place.
 We'll work that out.
 I agree with Bruce and principal, but I would suggest that we actually post one that doesn't have comments in it, unless we have the permission of the person to do so.
 But basically it's going to come down to do we want to invest in our community and maybe that's going to bring more business here, maybe that's going to bring more people who want to live here,
 It's beyond repair.
 Because it's such a huge, and I think that's why we have so many vacancies on so many committees, is I think people don't realize what they're getting themselves into.
 So this was not on the quality of the work and not on the need for the work, but the management of the invoicing and communication with us as the client, I think is what you're hearing.
 Okay.
 I don't think it's our responsibility to go after people to send us bills.
 The zoning document reads like the Code of Federal Regulations.
 that that's something that does need to be looked at in more detail and
 I don't have an answer either.
 There is a lot of overlap.
 Well, you know, I think that the issue that Mary, correct me if I'm wrong, that you're having is that these are impromptu gatherings as opposed to scheduled events where they have to be approved. There's also Green Mountain Bicycle Club has timed trials and they'll throw up a sign on Cochran Road at the beginning and end of each and there's 80 bicyclists on there.
 And outside of that, I don't know if this highway access is supposed to be some sort of a first attempt at a remedy, but there's site alteration work and I believe a bucket loader was over there after we took pictures of the site alterations.
 I mean 20. I don't go anywhere.
 Send letter to residents along race course. I think I probably just got to the end and I was like, it's fine.
 I think that's something that's supposed to be good for Southview, that's good for Graysville, and Pines, if it's consistent. And I don't think it's right for folks to always assume that the town is going to take over a road.
 in.
 So it was a...
 We fund the capital plan and the general fund, so we need to do that on the water and the wastewater side.
 I think that's all I have to say.
 I have some vacant property and I own my house is a 20 acre parcel.
 good plan for all of the people who provide services to the community.
 Do you have questions? I guess my main question was going back to the beginning. Was it originally contracted at a fixed price or how did, it was before my time, how was it? Our agreement was that it was a probable estimate of costs is the way it was presented.
 I'm so
 I grew up in Vermont, grew up in Essex Center, lived in Richmond now for 25 years, have had three different houses in Richmond.
 going to provide and are those cool to have or necessary? And that's the goal of my pluses and minuses.
 I'm not sure.
 But so the Economic Development Committee, that has kind of bumped up as a priority of, because it's the thing that slows everything down.
 Who volunteers to do warrants? Who is volunteering to do warrants? Taylor, you can.
 Oh
 I still think that's about where we're at.
 You can count on that not happening. Otherwise it would put, yeah, June 3rd would be the. Right. And I know that you also have. Well, you actually are thinking June 3rd.
 Any comments? I move to approve the minutes from April 15th.
 I think it's the most recent thing and they came and fixed something. Periodically this light up here will reset its clock is what I'm told. And it goes to essentially what the very early morning timing is, which favors Route 2.
 All right, what we were trying to do was hammer out an idea, this is what we're gonna proceed with. And there's been a lot of suggestions and it's coming down to the time where I have to say enough suggestions, start making decisions on what we're going to do. And he's still got some issues with the railroad right of way that he has to clear up. And then we have to submit an application to the development review board.
 Maybe their website, which I think they use GovOffice, is much more in-depth than what we may need.
 future website.
 and if it's not right or if it senses the wrong heart rhythm, it won't work. So.
 that are set.
 Right, right exactly. Yeah
 Why are you interested in serving? I really first became interested in it because I was asked to volunteer by several members of the community.
 And I think the lay of the land, the floodplain, pretty much dictates what Richmond can and can't do with the property that's here.
 And it was just a matter of, you know, we were able to see clearly to that April 10th mark when we submitted the paperwork. And things kind of unraveled from there.
 We can update it ourselves, blah, blah, blah, all the stuff we want. And they are looking to get into the Vermont market.
 So that's what's driving it.
 Right, that just spells out the comments. Right.
 haven't heard anything from anyone else.
 My relationship with the town, business relationship and the fact that I'm part of this community is very important to me.
 I think if we restrict too much, it makes land a lot more valuable by restriction and younger people can't afford to live here.
 Thank you.
 All right, thank you.
 I'm deeply involved in planning it working
 I wasn't on the original town plan formulation, but I worked very hard for it.
 We'll be here.
 We did the lining of the sewers for, you know, I mean, we've done a lot of improvement projects over the past couple of years and they're necessary and they're prudent and they're responsible, but they're expensive.
 That's a thing.
 say what you just said.
 Okay, moving on to Planning Commission interview.
 certainly paid a lot of attention when it came down to the vote time.
 Not only that, they weren't as familiar with the models.
 And if you look at the not too recent history, a lot of farmers sold off chunks of land, and I know that this was poo-pooed at one point on the planning commission with some folks who were on that board, that farmers had sold off a face chunk of land and left the reserve of the land in the background.
 You know, look on the calendar and say, geez, there's going to be 100 bicyclists on here. Maybe we ought to put it on Sunday instead of Saturday, our gathering.
 I wish I had known this was the first draft before I read half of it. But what's the process? It's riveting though. Yeah, it's interesting.
 where they were a year ago. I mean, that's a long way to come in a year. Absolutely. They've made a lot of...
 Approval of warrants and purchase orders.
 The current public works specs are on our website.
 Okay.
 And I think the idea was to get a pretty solid draft that then people can still comment on. And we're going to make sure we contact the neighbors down there too so that they have some input on it.
 It's not returning anymore.
 that that formal business practice I mean it would seem to me that you know I mean it's not normal business practices
 I'm thinking that that probably is a better option.
 I didn't have anything.
 I thought...
 And also the upcoming Bicentennial celebration that's going to put a big concentration of activities and people on the green and how do we address the two residents or the four residents, the two families that live on Round Church Road.
 Sorry I mentioned something. Yeah, I can see why nobody wanted to deal with it. Yeah, I don't want to deal with it.
 So with that, in the interest of time, most all of you have been involved with the work that we did, or familiar with it. So I'll start with in March, when we presented the preliminary results of our analysis of the flood mapping, where it looked like there were some fairly significant irregularities, or it wasn't really right.
 need a certified copy of the mapping itself, which we're prepared to do and
 And that's allowed for me to... Or you could tell me what your thoughts were and I could... We can set up a conference call. I'm in a meeting at that time, so I won't be able to do that.
 you
 question. Taylor, do you remember your question? I didn't ask any questions.
 liberate some of the information from other towns? I'm not sure. Okay.
 accept what it needs to work.
 I think you could obviously look at it either way, the inside out or the outside in.
 Plant a few things. Yeah, exactly. Leave it.
 You read that document and you go through the board and that's not the language.
 you
 I can't speak for FEMA or for CDDM.
 there.
 Who's the current owner of this document? Is it the planner? Right now it's in the planning office.
 second.
 Yeah. Okay. But yeah.
 Can you talk a little bit about timing so that people have a sense of what you're looking at? Yeah, so the water rates right now are not currently being influenced by Depot Street, East Main Street, the new tank.
 Great, thank you.
 Right, it'll be to essentially the new bridge I
 because it's such a safety question.
 working all weekend.
 So I really think this is a value to the town.
 Let's try to get one more.
 And it's definitely on the priority list for the new website. Thank you.
 at the AED, read the directions, follow the directions, and you could save a life.
 I'm just thinking like why I'm in the real deal and somewhere bigger
 I just want to say that the Richmond Rescue quarterly report was excellent and I love getting those reports from them.
 Thank you.
 and just about process and everything. And he requested actually that we not make final decisions as to appointees tonight. And he's actually asking that new members of the planning commission not be seated until, I think, what was it? It was the June,
 The ultimate resolution and the ultimate solution is that you get more people involved earlier in the process.
 And then we were originally led to believe that the appeal in the Lomer would be reviewed simultaneously, but the way they actually did it, that did not occur.
 I think people need to build what they can afford and simplify it, make it so it's easy. So if I hand anybody in this town a document and say, if you follow these rules, you can build a house, they need to be able to read it.
 And so our submittal followed the direction that they gave us, and so the lines, they do this, they're in Bolton, they're way up here, and they go, and just make that adjustment because now they're not lining up.
 was going ahead.
 We don't make that decision.
 And also how we can manage to get the Richardson's and the Sherman's in and out while keeping other people out of that space at the same time.
 meeting? The third Friday of each month. 730 a.m. Bridge Street Cafe.
 It's intended to be a memorabilia.
 I think that's the responsibility of the business owner is to say, I need my money, pay me. And if we don't pay them, then it's their responsibility to come to us and say, hey, why aren't you paying me? We can't go down our list of warrants and say, do you have anything outstanding? Do you have anything outstanding? Do you have anything outstanding to us? I mean, that's what a business owner has to do.
 I know I asked that because I am
 And also there's just the timeliness matters, you know, in terms of, you know, where we can take money from to pay invoices like that.
 And so I told Jeff that I would work on the pluses and minuses of going high tech versus low tech. And I need to get through the water rate annual meeting before I can really concentrate on spending some time on this.
 They're at the point now where they were willing to not come and do an inspection on it and take that money and apply it to a future contract. Because they're like, basically, we can't do anything.
 person who made those comments to make the comments public.
 to the next meeting.
 It's sort of the detail for my interpretation. It's like the detail of The zoning that's not in zoning, but there's a lot of detail in here that you would assume would be in a zoning regulation
 Yeah, right.
 So I just don't know why there's not a permit issued for activity on this lot.
 I don't think they did a bad job of it, of trying to get the word out there.
 It was too polarized.
 But as we heard at, I believe it was the last electorate meeting three weeks ago, there's transportation issues are always in the forefront and alternative energy sources can assist with transportation costs and needs and so on.
 That sounds like a good plan.
 Justice Brenda had what he had to say about the document.
 the regs that there are now. The only thing I would do is split off so my kids could have property for them when they want to be able to have some enrichment.
 I'm not sure.
 It was $691,492.76.
 We have been slowly eating away at the amount of money that we put into capital to the point where we've depleted our capital funds to the point where in my opinion they're unsustainable.
 page. Yeah, third page.
 There's a lot of inconsistencies there.
 to they do the parking, the commuter lot I imagine. Right.
 And it's really a big hurdle. And it's not entirely clear what's there right now.
 Taylor was just voluntold to do the warrants.
 And high-tech meaning what are those things that the other exact site is?
 Thank you.
 I will move to lower the membership of the Governance Committee to three members of the public.
 So tell us why you're interested in serving them.
 there's a lot that has to happen before we can start constructing anything.
 But yes, there is a template that is available to tell us. Of course, in the direction it's going, you get farther. Okay. Do we need to vote on this? It's going to be still revised and come back to us? I'm ready to vote.
 Okay, approval of the minutes from April 15.
 Something was off with the timing.
 I can write 100 memos to this if you want.
 I
 So I'm asking the select board to reconsider approving this invoice here for 2534 so that we can finish the job another $640.
 Okay, we'll start with the same question.
 So if you take a look at smart planning, leaving a large reserve of land in the background is smart for watershed, for deer yard, for recreation, and perhaps making little chiclet lots in the front and reserving the back is the more reasonable way to approach development.
 We weren't spinning our wheels with the exception of what we deleted.
 in the things like Mary was talking about earlier with the sidewalks. Do they need them? You know if we can get some clarity on that kind of stuff with this.
 I mean, I can tell your point's a good one, but finding after the fact.
 It would be so great. And yes, not the current one, but the new one.
 It speaks to you, it tells you what to do.
 I think I would like to make rules that would allow my children to live in Richmond. And that's why I want to do it.
 So yeah, I'd move to appoint Paul Ruff to the Economic Development Committee.
 original proposal was to have five citizen voting members.
 And I'd like to be able to continue to provide service for the town, whether it's on a business relationship or some of the volunteer work that I do. And definitely hear you loud and clear as far as if there are any other future opportunities.
 Right, so it was the other document that was there's a subcommittee of the committee
 They do hosting, they do tech support.
 And if we don't address those, those could potentially lead to enforcement actions, which means you're going to have to do the work, but you're going to have to pay a penalty.
 And lastly, we're fully committing to funding the capital plan.
 Yeah, well it's good to know that someone else is going to be looking at this and then coming back to us because a lot of the comments are definitely relevant.
 And also that your deposit may be forfeit.
 schedule.
 Thank you.
 help formulate the last town plan.
 Yep.
 have difficulty changing and they've done a great job
 So on the warrants, there was one mistake.
 Right
 Okay, so there may be some striking of unnecessary information that we liberated from larger towns.
 We were originally working with someone, basically what it was, it was kind of like what FEMA did to the state of Vermont, and they had these one people saying one thing and then they switched it to someone else and said something else.
 I'm not a developer, but I am a private landowner, and I feel that private landowners who have paid a share of taxes on their property shouldn't necessarily be, ooh, boy, I can develop everything that is one acre, because the land itself tells you whether or not you can develop it.
 We have Mary Hull, Bruce Labonte, and Ernest Kelly on the agenda.
 But off the top of my head, I don't recall there being frequent updates as to what was going on.
 I think just the billing frequency is, because am I right, are we seeing this bill for all of this work done on January 3rd, 2013 from nine months earlier? I mean, are we seeing a bill nine months after the fact that the work is done?
 In lieu of getting rid of the governance committee, we could reduce it to three members and probably some of them will pop up.
 Second Commissioner.
 They look nothing like this.
 Again, their conversation was closing one end and then keeping the other end open for the neighbors to go in and out.
 I'm out.
 it's hard to get people to give up their time to go to those meetings, unfortunately.
 town plan set forth, it should be the plan that is for your future goals.
 question should
 I think that's the message it's trying to put out there, but you're right. We're putting guidelines together and we're telling you you don't have to follow them.
 where I
 So I got certified and my parent got certified, Martha Lang, I forget who the fourth person
 right now they're still stuck in planning.
 Bye.
 Let's see.
 normal timing, it actually does have a delay at the end where Jericho Road stops first. Right. And Bridge Street gets four seconds. Exactly.
 Well, thank you.
 Madam Chair, could we take Eric Sandbloom since he's here for his item? Absolutely. We can do that.
 And then we also needed to do some additional mapping for each of those two areas, paperwork and things like that.
 It is a learning process.
 We talked to Stantec to find out what we could get for $20,000. And Kathleen and I feel that what we can get for half the amount of money is not worth it.
 And that seems to be the issue that has been slowing anything down there for years and years.
 We'll do planning through the summer including surveys and survey of the land.
 services from April. Oh right yeah and I mean that's just a matter of the process being dragged out.
 a motion to appoint and a second.
 Do we have to move?
 You should encourage walking.
 I think they tried to have tons of neighborhood meetings to get the word out of what was going on. People didn't attend to it.
 We have declining revenues which are influencing the rates.
 and this has been accounted for in the proposed budget.
 Alright, well we'll let them work on that.
 race policy.
 was just sort of some comment about, we think this is what should happen on, and that definitely should be canned.
 Still, we're trying to figure out.
 wouldn't just put that into place.
 in Richmond, so I know the ground, I know why there were errors in the model, and I was able to help Steve through that.
 Department reports.
 So Jeff pulled everybody together to get some input on that with the town engineer. So he's got a rough design.
 Thanks.
 And I think that's a really good point. I think that's a really good point.
 Consent agenda, the AR1-058 payment amendment.
 Exactly.
 They are essentially a hand-cobbled collection of documents that's been photocopied a million times. It's pretty sloppy.
 in general have been pretty satisfied with the way things have gone.
 And if you look at our invoice, I think it was originally for over $5,000.
 You alright?
 And it's gotta be a compromise.
 Yeah, and this should be updated along with the zoning document.
 That's good.
 And I was trying to remember why this stalled out when we were doing it before and I didn't remember but were we gonna add a form to fill out or do we have a form that people fill out that gives all their contact information? No we don't. Were we gonna add that to this? And maybe like a shopping list?
 Just mark that change in there. Yeah, it's marked.
 I work for the Department of Environmental Conservation, so I've got a very good idea of a lot of the points that Mary brought up, that in many cases the development potential in town is limited by topography, proximity to rivers, things like that.
 And one quick question, because I know you'll know the answer to this.
 I mean, the Planning Commission went through many, many meetings that people could go to, and there's some people that go to those, but the majority don't. So it's always seemed like it's a firestorm in the last month before.
 I'm not sure if that's a good thing.
 Sleep with these sunglasses.
 Thank you.
 I think the ball has dropped on both sides as well.
 putting it public and there also there's no names on it so.
 So it would probably have to be, if we're having a forum. If we can't come talk with each other. Usually, so it depends on if it's set up so that we can communicate, which often you can on GoToMeeting because there's a little column, you say a question.
 So we're still three years out from having to really pay for, at the soonest, for a new tank. And that gives us an opportunity to recruit new businesses, get more connections, to put some money away into capital so that perhaps we can take some of that capital money and apply it to have a conversation about sharing the costs on the entire community of some of these capital improvement items.
 but we need to improve the business climate.
 I'll second.
 All right.
 Make sure people aren't surprised. Or I mean, they may be surprised, but at least make sure they know about it.
 I do come to a lot of select board meetings.
 of the billing that's listed is from April and May. Right before July 1st. Right.
 There was one more opening.
 The select board can waive any one of those requirements they choose.
 unfortunately don't have an answer to say how we do better.
 Okay.
 Thank you.
 Can that be the working document be on the website? It can be if you want it to be.
 Okay.
 proposing to build a duplex with some agricultural improvements at Betty Preston's barn, that property that he bought last year, and he's proposing an upgraded access to Thompson Road right
 However, I have not seen trash when the racers
 We wanted to be able to meet the deadlines that they had come up with with each time we got a letter of information request. Or even if it was just a phone call, say, you know, we need this in addition to or modified. So in developing that map, it really, it's, because it's such a large area, you know, it took hours and hours and hours.
 I
 Although they're constant for a little while, the town plan can be renewed and I think the legislature needs to make the town plan a 10-year event.
 And we got that, thanks to Richmond Rescue, got that as a grant.
 Well, there is a template that many Vermont towns have used. And we're looking at it. And that's one of our options. But if you look around, because I've been spending some time on recent towns looking at their water and sewer rates, and every town is different because of their size.
 So informal.
 I agree, that sentence doesn't make sense.
 What ever was I supposed to do?
 they have a green so they think you still have a green.
 The bulk of this document is supposed to be technical specifications on public improvements or improvements in the right of way, whether they're the installation of gas lines or water lines or sewer lines, thickness of pavement, any kind of repair.
 Civics Plus, which is another web developer, they specialize in strictly municipalities, government websites.
 I could should I do it.
 additional information.
 So if you would be willing to do that.
 Are there items, other items you want to talk about being put on the next agenda? Who's going to do warrants? Yeah, let's start with that.
 This is sort of the details of putting it together.
 I mean, I think we don't want to discourage people from coming in a biking area.
 you're good for another 15, 20.
 I think it should reflect more of the citizens and the town.
 And I think that's important.
 I served for six years on that commission and it was a very busy process and it was, believe it or not, more work than the select board.
 There's no hurry in your part.
 I know in my organization that if we're coming to year end and we haven't seen a bill yet, we are on them so that we know that everything is covered for our audits.
 Are you pleased? Let's have it.
 We have Bruce the Bounty.
 And the guy was willing to do a go-to meeting for a demonstration of their websites, how to use it, how the services that they provide, kind of all the fancy add-ons. And that we could do at our leisure, or we could all be at work or at home as long as it was at 3 o'clock on a Tuesday afternoon. We could all get invites and do it on our computer.
 Not everybody's gotten what they wanted, but we've had very candid discussions.
 So yes.
 So that went in and really what happened from that time is that the FEMA contractor from CDM who was reviewing the data, they assigned it to someone who wasn't familiar with the original model.
 But there are two separate things I think we're talking about here.
 the floor motion was to put a committee together to potentially make a recommendation. So at
 has any questions or comments on those, we can go over that. But otherwise, they've been submitting them.
 Right, there is a report from the Regional Planning Commission that details what contaminants
 I was saying, yeah, dope.
 And then we get their contact info, their contact info. Yeah, that's a good idea.
 If you do want to look at it and read it and comment, let me know, but this would come back to you after everyone else has passed off on it.
 Yeah.
 is really so that that needs to change.
 And we are, we did ask about increasing it to seven and he wants to keep it at five for now, but that doesn't mean for the next year.
 Do you have questions for us?
 That's it.
 and try to put as much explanation on as possible.
 You can't push it and shock somebody.
 What is your goal with this timeline? Well, I'd ideally like to have something in front of the select board by the end of the year, by December, to be able to be voted on.
 How are we going to enforce it? No. Take it to people's court. Judge Judy. Judge Judy. The only thing I think that we should at least consider is it says leave it better than you found it. I think we should leave it as you found it.
 Thanks.
 away red.
 Have you served on any other town committees before?
 Thanks Bruce.
 Give me a shot.
 And so we developed a scope of work based on that.
 I think we said a day's worth of labor is what it's going to take, $640.
 But then what we were talking about before, about invoicing for time that had already been spent significantly before, you know, that's the, if I'm understanding, you know, correctly, you know, seeing a bill for time spent nine months before on an invoice that hadn't appeared before, that, you know, with that kind of delay makes it impossible for us to do our financial management.
 So can I at least have a conversation with you so you know where I stand before and maybe you Mark. Sure you could do that.
 Second.
 time to get across.
 Thanks
 So I do think there's a responsibility on both sides. So I am willing to reconsider.
 We'd really like to get paid for it.
 All right.
 Does that follow along with that came up in the meeting regarding route to pedestrian bike route?
 tanks over there.
 Can we update the due date for this to fall of 2013 to take a first look at it? Sure.
 Thank you.
 I would like to add something down at the bottom where it says post-event cleanup that we will bill your event for what we have to clean up.
 I
 So, I think if you can get it done sooner than later, maybe stop them from waving it.
 And this was the era money that we did the sewers and the storm sewers, which was 50% loan forgiveness, 50% forgiveness and 50% loan.
 We need a new tank because it's way past its useful life.
 I don't think it should look that way.
 At this time I don't have any going on.
 great for somebody who's established and has a career and has good income and things like that.
 Now we know what we have to do.
 I do not know coming up Bridge Street then. That turns green and Jericho turned red so that they're still.
 for the celebration.
 So website first, because that's more exciting.
 Okay.
 Okay, and I hear that loud and clear
 And I think that our zoning regulations were a good example of that. I think in the process they weren't moving up, but at the end it did matter to them.
 Come on up and join us.
 I'll ask the same question I asked of the previous candidate.
 And that other consultant told us that we had to do all the mapping, which originally we were told that we would update the model, provide all the data, provide all the elevations, and that they would do the mapping. And that was really the vast majority.
 It seems to me with the small number of towns in Vermont that there could be one template for the website. So if you wanted to go to Williston's website or Shelburne, it's the same website.
 Okay
 I've encountered that in the mornings and I'm like, I have to clean. Why are you going?
 going on?
 Yeah, very good. Yeah
 Would you add that we're also agreeing to pay $640 for services outstanding? And additional $640 for services outstanding.
 So I think the overall whole planning process needs to kind of bring that more into balance.
 and energy were my two areas, and a lot has changed in both of those areas in the addition of solar panels, the addition of wind, and I think another technology that should be looked at and invited into the town is water energy.
 they're not going to post it every time they, this one document? If it's a coincided thing with the zoning document, I mean, we just got thrown talking about how we didn't get that word out there. And, you know, anybody that's thinking about doing a development and you're going to put some new road standards in front of people in December, I think people ought to know about it.
 All right, as soon as we get that signed, we have a motion to adjourn. Oh, actually, I actually can't make it to the next meeting.
 of those sections are not good sections though.
 I'm fine.
 I mean, Richmond's already a popular living destination.
 It's beyond maintenance at this point. We chose to go through and have the maintenance done because we wanted to know what we were really looking at. So past its useful life, past being able to be repaired, it's undersized for the demand of the system, for fire protection and just supply. And the biggest one, and this is really the driver, I mean, not that useful life isn't a driver, but we're under a state timeline to address low pressure
 We are adjourned.
 Thank you.
 So I would like to revisit this in the fiscal year 15 budget and include the match in the budget so we can pursue it at that time.
 Would would Taylor be the chairperson?
 But did we know that there were services that we hadn't been invoiced for months before that then we were going to be invoiced for a year? You know, we have so many services that we get provided by the town.
 I am aware of the commitment.
 that our proposal was that it would be time and materials and it had our rates right in there.
 Second.
 All right, next on the agenda, governance committee.
 Oh, there, okay.
 could be partnership or possibly even a private owner if there are funds available.
 Okay.
 And our repayment amount is $345,746.38 with a 2% management fee to the state.
 So those are the influences that are driving a significant and really doubling of water and sewer rates.
 Yeah down to third page near the bar three B
 here.
 Thank you.
 That's the key thing.
 I think it's not an act, anything other than that. But I do think that this document is a bit lofty, and I do believe that this document needs to be written by the town of Richmond residents. It is not to be written so that, you know, if you read that document and saw the zoning districts, you would ask yourself, wow, this is a huge community that you're looking at. If you read that document and try to place it somewhere, it's almost as if it was for some community in Connecticut.
 At the last meeting, you and I had an exchange about a comment that I made, and I hope that I made it clear that I wasn't criticizing the outcome of the vote or opposition to the vote, but the process, and that I felt that the public discussion had, in my opinion, reached an unproductive stage.
 It's well the road standards are this and right exactly so those are passed and then
 It also adds a little weight to the actual application process.
 I've experienced one of them, not personally.
 And to be honest, I hadn't given it a lot of thought before that.
 slopes decide a lot of things.
 Carry.
 I don't know what we're talking about right now.
 There's nothing wrong with that.
 here, what I really wanted to do is formally request that you reconsider the decision that was made last time and give me a chance to kind of explain what happened.
 And I'm proud to say that we were able to cut through a lot of that administration or whatever these big companies do.
 public will expect.
 2007.
 All right.
 It's black and white with no room for any kind of wiggle room, really, unless you have to go through the entire variance process.
 you
 And so I'm guessing that these comments are related to our current zoning since the date on the document is 2007.
 How do we do that? And I don't have a good answer for that.
 So the first sentence under A says, the round church often hosts a weddings. Just a minor grammatical error.
 20th.
 Was it the whole thing? Because we got that other memo that is the PC subcommittee comments, 2011.
 Brownfields? Yes. Yeah. Yeah.
 They don't have a town in Vermont yet as part of the repertoire.
 So the plan is we're in preliminary negotiations with landowners for a tank site.
 I'm not in favor of huge growth of turning this into Burlington, but I do think that their steady growth is healthy.
 I put two postings on Front Porch Forum.
 I mean I think I think it is a two-way street, but I think there has to be a basic minimum amount of I do hear you loud and clear
 stuff in the end.
 a really good thing.
 from the committees on the water restructuring committee.
 there could have been a much better degree of communication earlier on.
 I think this is a non-issue for the town because they're not volunteering to serve on the committee to ask the listers.
 So Steve, Digglio, who was with me during the presentation before, he really handled all the technical aspects of it.
 And I will start by opening it up to public comment, if there's something that's not on the agenda.
 But I firmly believe that the earlier you can get information out there and even, to be honest, I didn't pay a lot of attention to the developmental stage of the last ordinance.
 Yeah.
 That's where the deposit can come in too.
 Any opposed? You guys have it.
 It would be beneficial too for the historical society to put weddings on there that have already been booked. Yes, absolutely.
 What's the process for how does this like it sounds like it's going to the department heads then back to the planning commission and then to us?
 And you did say you're not developing any property.
 That's what we're bringing back to you and it's not something that we can work with very well.
 Absolutely. The sun's gone down, so you guys are just nice.
 So I mean that really, that's the nuts and bolts of where we are now and why we're there. And it's not over yet, I'm sorry to say.
 This is one of my goals, is to restart the review and final approval of this document.
 Okay. All in favor? Aye.
 So this is the first time I'd spoken to him actually, and he said, anytime it happens, contact me. Don't contact District 5. Don't contact the Secretary of AOT. Just contact me. I'll come out and do it. So we shouldn't have to suffer through it for three days at a time.
 We have the defibrillator mounted on the wall out here.
 Anything else on that? No.
 Department of Health regarding the Bordeaux property.
 Because what separates the people from who apply and go through the process than those who don't? And we should probably also have to have a discussion about what we do with people who don't do an appropriate
 So I think it was Kathleen's.
 I'll be honest with you.
 No questions. Someone asked a question about developing.
 but certainly that's grown.
 But we also did Brown's Court.
 then the access permit is on Thompson Road.
 I'll be here.
 Okay. Great.
 Absolutely. Yeah.
 Come last meeting if I had known.
 I understand what the implications of the work.
 That's it for me.
 I mean, look at how many people are here tonight.
 was, you know, we did wait for our responses from FEMA and from their consultant, but I think this was, we kind of got caught up at the end of the year with end of the year stuff, but this was pretty much addressed at the beginning of January.
 It fills it out at eight.
 At first it was a guess, a day's worth of labor.
 If you put it up without the comments, people are going to get all freaked out.
 Thank you.
 actually extend out to Route 2. We had talked to one of the regional planning commission's sort of retained engineers that work on these projects, it happened to be Stantec, and they put together a budget of $40,000.
 Yeah, yeah.
 And we felt that wasn't fair to build a town for because it was based on our mistake.
 that right Jeff and and determine whether or not a couple months down the road to increase it is that right I spoke to Mark Fousl he's
 So I think it's an opportunity now to be able to get some of these concepts out there and ideas out there. Hey, we're looking at this, hey we're looking at that. Seeking comment from the people and trying to get whatever kind of feel you can from the majority
 it should actually be 566.
 I mean, maybe not answered, but there's at least more going on in town now regarding that.
 It's a mess.
 I'd be in favor of that.
 you get an idea of what it is we're trying to do. I'm not a
 I'd like to also note the Richmond Rescue quarterly reports.
 And he's the engineer is talking with the railroad about some of the where we have bought their land. And that seemed like a great conversation.
 they have to do is come back and reset it to the correct time so that between 715 and 8 o'clock it's on a totally different timing schedule.
 probably should have been invoicing more frequently at that period.
 Yeah. Great.
 I'm not quite sure what our timeline is, but I'd kind of like to get through. We just went through a public meeting for the flood hazard overlay and the parking.
 Yeah, I come up. Yeah, it's time. Yeah, you get to go to your house.
 It's really fun.
 I mean, I think that's just the context. Were they made in a context where they were expected to be made public?
 So that would constitute a meeting, I think.
 Okay, thank you.
 I'm sorry.
 make sense.
 I'm in, and this isn't going to be popular, and I really don't care, but I'm known for that.
 I don't own land in town other than the lot that my home is on.
 I really have a good attendance record at those things and I do my homework.
 Any further discussion? Only that I agree if somebody's on the agenda, we should make sure we call them and read about it.
 I know, I know.
 Line on here that they're signing that they've read this and they know what we're asking them to do. Yes
 I think that's the planning shouldn't be that I'm going to build this, the town's going to take it, and I'm never going to have any responsibility for it. Because every time we take a road, I think we get a lot as an asset because perhaps there's high value homes there. But I don't think it should always be that the town has to take over all the, if the town has to take over the responsibility for all common land in town, for example, that's pretty fierce.
 All right, so warrants are good.
 Any further discussion? All in favor? Aye.
 Thank you.
 The task force has met weekly since the end of March, so we've met four times. And then we had a special meeting last Monday, which Amy and Chris were at, because it was a water, we invited the water and sewer commissioners to hear kind of our conversation about our decision-making process and the difficult decisions that we've had to make, which are not easy.
 Did you move it? Any further discussion? Mary? During the process of taking pictures today for our boosters updates, I noticed that there was activity on this lot without an access permit and we do not have a site alteration permit or any kind of a permit for activity on that lot in our files related to TR 0069 and
 been waived in development.
 That's what I wanted to see.
 Okay.
 And what happens with a town plan is a town plan is written and then the zoning comes into sync and then there's a new town plan and this comes into sync. And both of those are always changing.
 So digging for another two weeks, I don't know what I will do.
 So that's an expense from the previous fiscal year.
 So yeah, I wasn't sure what we need to do to.
 All right, I'll entertain a motion to adjourn if there's nothing else.
 We already know what the problem is. There's traffic choke points here.
 about the annual meeting in May so that next week yeah next week yeah
 Okay, any further discussion? All in favor? Aye. Any opposed?
 And they said, don't worry about it.
 one other.
 Well, yes and no.
 I've been demoted
 A lot of people don't, because if you're coming down Jericho Road, you have the red, and they're going, no, I have red light.
 beginning of it, it looks sort of like it's supposed to match up with some of the planning and zoning documents because there's the potential that whenever somebody puts in a new development, they're going to put in improvements that will be taken over by the town at some point, whether it's going to be a road or a storm water system or what have you.
 Usually we never have to use it, but it's good to know that it's here.
 That's just W.
 I mean, these are not egregious requests.
 He wants to take care of that with the current board because he wants to devote an entire meeting to orientation of the new members.
 I don't agree with, again, I'm a big proponent of being able to have, everybody needs a place to live. And everybody needs a place to live that they can afford.
 When they combined the CCRPC and the Metropolitan Planning Organization, that's the board that looked at everybody's town plans to say, well, how does Madison feel about it, and how does your neighboring community feel about it, and how does it fit within the community? I think that because that board has been pared down and combined, I think the legislature needs to make some action about making it a 10-year town plan.
 I'll accept that constitutes a meeting.
 I was very nervous going into it knowing what needed to be done and knowing it wasn't going to be easy and it wasn't going to be popular and it wasn't going to be fun. But the people I've been working with, it's been great.
 And if we have knowledge that it's there and we don't do anything, then that's not a good
 And the other document just sort of lists all of those changes.
 So that's going to take at least one meeting and then a formal public hearing, but possibly two.
 I for one would be willing to reconsider because I know that you were communicating with Jeff along the way saying we're not done.
 No problem.
 There needs to be a very careful planning process. Richmond stays Richmond.
 Tell us why you would like to serve.
 Thank you.
 Is there a need for executive session tonight, Jeff? No.
 Even if it's something, I mean, I'm just making up a number of hundred dollars.
 Because that will definitely scare people.
 Yeah, yeah.
 Who applied before the May 3rd deadline but can't be here tonight. Right. Okay.
 find that happy medium, which is not an easy thing to do.
 That was submitted and then we got information back that there was a mistake and we made a mistake in the mapping for apartment.
 off saying they know that this is the what we're asking them to follow.
 comments did you say are on there now the Planning Commission
 I just, it's perpendicular and I wrote it on the board.
 I did take a little umbrage with on section 2, race procedures 1, these procedures have been developed to serve as a guideline, blah, blah, blah, strict adherence to these guidelines is not required.
 I think the light is doing the best it can right now, but whenever it resets, whether there's a power surge or the wind hits it just right or something, you can tell it's like a seven second light and it's just not enough time to get anybody through.
 I think the only thing was just under the members present, just fixing the titles.
 There are two issues.
 just, you know, if anything's going to happen there, that's the first thing that's going to have to happen is moving on some kind of cleanup, which will bring in more people to the water system and double cycle, right? And then the other thing was we met with Jeff and Mike Weissel, the town engineer last week, and a few people from economic development.
 was communication with Steve and I, and Steve had told me that he was starting to put more time in than what they talked about, but there wasn't any discussion about billing, but I think that he didn't know how far CDM was going to go with requesting changes.
 I mean, this is a more complicated issue than put it, slap together a committee and get a recommendation.
 Nice habit.
 it changed anything? The comments on Front Park Forum seem to be like, oh, whoever did something, it's much better now. Right, well the way it works is the early morning timing, it's like essentially a seven second green, which is not enough time for Bridge Street.
 It's been a couple of years, I think, since Kendall and Pete Goslin took a look at the
 Come on up.
 That wasn't very much of the extra, but that's just one other item there that was requested of us.
 That's it.
 I understand that and I can say that it really depends on the project and this one would have periods of time where we were waiting for a response.
 I don't even know Front Porch Forum was in existence really in the infancy of that whole process.
 Know what the document that was proposed pretty well, yeah
 developer.
 So that during a meeting, one of us could operate it if we needed to.
 Anything else on department reports? Just one thing that several of us did get CPR training and training on our defibrillator.
 So we'll let them look at it and then we'll kind of begin.
 It was on the payment to the.
 Because if that's the point then why have these recommendations? Why have this policy if we're not going to enforce it?
 So I don't think something like that should be waived, but the select board can waive any single or multiple items that are brought before you. Say, please waive this.
 I don't know what would work better.
 Right.
 Is that predictable? She knows what we do.
 Okay, so we have a quorum.
 to
 There was one comment about the fact that what was in there was not at all legal.
 We have debt payments that are coming due that are primarily driven by Jericho Road,
 Excellent.
 I mean, I think it's much better with the comments.
 Did you say it's really fun can we get can we get to people to do it next time with Taylor because he hasn't done it I could just
 And I do have one item. A couple of meetings ago, we came to you with a work plan, Chittenden County Regional Planning Commission work plan proposal to do a traffic study for the village.
 connect the final dot in the way to control rate increases in the future is by adding more customers to the water system and that means developing the village.
 And then again, what are we looking at moving forward? There's the 640 yes coming up and then Anything else or no, we've got what we need right here, you know
 And I think we were working on it in December.
 We started off with eight, and somebody had dropped out. So we got one vacancy.
 Is there any way to add to the website so that you had a calendar that a fan could go to?
 expecting you to look at it and comment at this point.
 The payment is 5-0-6.
 I think that in the five years that it has been since they've been reviewed, a lot has happened. So some of the questions are answered. There's a section on the pedestrian and recreation paths.
 Yeah.
 want to evaluate that.
 a lot more people that are now subscribed to it.
 But everything else that we did was, you know, had to be done in order to complete this.
 But honestly we didn't know where we were going yet.
 What I'm saying is the end result is if we had that committee put together if they made a recommendation, if we accepted that recommendation, then we would have to.
 There's folks that, you know, there's only three of us, but we're all pretty familiar with that and trying to bring somebody new up to speed on that decision-making process and the final tweaks that are involved with that. I just assume get that taken care of with the staff that we have. And unfortunately, at that time, Lou will be finishing up once we pass on this final version on to you.
 And I have the contact information for the gentleman that does that.
 Right now, we only received the planning report this time.
 some input about whether it's 90 degree parking or angled parking, how the traffic flow will
 So no earlier than June 3rd would we vote? Right. Okay.
 I guess that was my concern. I recognize that's something we could have done better.
 Yeah
 Yeah, no if we could communicate with each other that would certainly constitute a meeting, but if we could only communicate with the with the presenter But I think we're still a little ways away because I wouldn't want to I wouldn't want to pursue that if we weren't Semi serious about going high-tech, and I don't know for there yet, right
 And I have to say that, and I've said this in the task force meetings and at the last special meeting, but the task force has been really wonderful.
 And so in that conversation, they want to know what the issues are with traffic enrichment. And a lot came up at the meeting about the lights and the backup and the turning on red when the pedestrians have a you can walk zone. Right, the five beeps.
 Colin told BAM
 I don't know.
 And that means you have the responsibility for after a windstorm or a snowstorm to get the widow makers out of the trees.
 Do you have this to pass around? So we can approve these. So we're going to approve them with the images.
 I mean, I hate to make it bigger, but maybe it would be part of the zoning.
 This is well, it could be like here's our bees
 I'm not a developer.
 Excellent.
 Yeah, sorry about that.
 be charged to administration legal services.
 everything is in a fluid state.
 When someone comes in and says, well, I'd like this development passed, and you have the ability to waive sidewalks.
 I mean, he obviously thought about it.
 Water Aid Task Force.
 now it's just a dirt lane and this is his request for real access.
 Pose. Eyes have it. Thank you.
 I think so
 are some special invoices that we get that sometimes you have to do a little digging to understand why we're paying what we're paying.
 essentially do sort of some problem identification but not any analysis of alternatives.
 So I think, or what do you, we thought the best thing the Economic Development Committee can do is just spread the word. Spread the word. About rate, about the rate increase. About the significant rate increase. Yeah.
 that need to be divided out? I think what happened at the last meeting, and I'm remembering some of my own comments, is, well, first of all, I do similar kind of work to what you do and work with public sector clients. And I think that there's always the danger when you have a scope creep, which is essentially what you have in a project like this, that if there's not effective communication back to the client
 Yeah.
 So, you want to go back out and dig some more or what would the select board like to do? It's taken us a month to get two members.
 Also, it'll specify culvert diameters and those sorts of things that the state of Vermont requires whenever you redo a road, you upgrade.
 to.
 Right, because we're still using...
 So my thought is that we will interview that person at the next meeting, and then I think because Mark, you've sat through the interviews, it would be great to get your input as well before a decision is made on filling those vacant seats on the commission.
 I mean, there's legislation out there that the governor, I don't know if it's passed yet, to be honest, but that would allow the select board to make the decision to, I mean, it's not, I don't think it's as black and white as it's going to a vote and we don't make the decision.
 during the reports time.
 And again, it's, they indicated, so it has to do primarily with the transitions at Williston and Jericho, and I think also upstream for Bolton, that the, you know, if we're going to change the model in Richmond, obviously there's going to have to be some kind of transition.
 when you put into a document that you have to have a front porch, well, you know, unfortunately everybody can't afford a front porch and those type of things were what bothered me a lot of almost almost like a micromanagement thing, you know, almost telling people how they're had to build, what they have to build, and I don't think we can do that to people. I mean,
 And that way you don't have a, oh, hurry up, we've got to renew it, hurry up, we've got to renew it.
 I think it's the fifth or the 19th, I think it's the fifth or 19th meeting because they've got important business at the next meeting.
 If we have the extra time, look at it and if we have comments, make it or should we just wait until there's a more refined version of this before we spend our time on it? I would say don't spend any time on it, but if you want to.
 However, if unfavorable situations develop, the select board may impose conditions on future events. I feel like if we're going to be putting in the effort to do this, and we're, I feel like there should be some, like, this is, these are our, this is our policy, and either you follow
 And for anyone who has never been trained, you can open it up and the instructions are there. So don't hesitate if no one trained is around.
 I'm proud.
 He's intending, unfortunately, still to step down, which would mean that we could bring in three new people all at the same time and do an introduction and start from scratch with a new topic and a new agenda. I think it would be much cleaner.
 Thank you.
 Exactly.
 And it's a
 Right.
 We've had great conversation.
 So I wouldn't have 150.
 And I don't think these are false news.
 Really? Okay.
 I don't know how much it costs to pick up and dispose of trash, but maybe that money is a deterrent for doing it.
 doesn't turn into South Burlington or Williston.
 I have served on the planning commission before.
 Okay.
 as you find it.
 But there's no doubt there's bad traffic there.
 There's no reason to create a new forum when all the information is right on the table.
 Yes.
 So we made that correction.
 Okay, so we'll know what date he wants. So is that... Yeah, I believe he's planning on attending tonight.
 You can't go to one extreme, you can't go to the other.
 I think by the end of August it got to the point where it was something that we just couldn't disguise any longer.
 I mean, at this point, we don't even have to vote on any. I mean, there's not even a proposal to vote.
 We had a meeting with the Richmond Historical Society about certain changes to the Round Church Green and also trying to address some of the neighbor complaints there.
 information they've got.
 June, Vice Chair.
 Okay, Aaron. Hello. Hello.
 Yeah.
 Did you see that?
 What is?
 Yeah, it's difficult.
 Okay.
 needs to be five seconds or ten seconds or whatever it is when nobody can go.
 It's a computer. Yeah, it knows exactly what it needs to do.
 Cheers.
 discussion?
 So the answers to these questions are going to have to be answered before we get to that point on a study, right? Right. Not only that, but some of the other issues. I think this grew out of some of the concerns that as there's an issue with the market in Railroad Street already, and as the Cramorant gets developed, will there also be an issue with Jolena Court? And they're offset. So do we have one light? Do we have two lights?
 So basically we have no real idea how much the project is costing with both of those things going on.
 I mean, if you wanted to put something in writing that I could...
 And we did our preliminary coordination with FEMA and with their consultant CDM, and we thought we had a clear picture of what was going to come.
 But you know, so here it is, and for that our estimation was correct.
 Okay.
 Are there hazards that we need to be looking at more closely to see what the status is?
 I can post it with comments.
 airport.
 Thank you.
 Bye.
 So I think there were a number of balls in the air and a number of them were drops.
 But they're perfectly correct in the fact that it's very tough to get established in this town if you're a young, starting out type of person.
 That's the last thing we have to do?
 I know it has to be professional language, which it would be if it came from the citizens on the board, but it almost looks like every word on that document and in that document was written by a consultant.
 I have done some small projects in Richmond as a
 discussion. The payment schedule reflects what should be the final payout amount because we used 99 point something percent of what we're supposed to. We never took the full amount so this amends it down to what the final final loan is supposed to be.
 The tank is still in its preliminary planning processes.
 it's not
 Okay.
 I just think anything that you can be available to the public shop should be. So if somebody has a comment on it, that's constructive comments.
 I know I can't be at that meeting, but I don't want to hold up decision making, but I also would like to be involved in decision making.
 And like I said, we took a risk when we went forward and wanted to just respond to the information requests. And I will admit that I didn't have a tight handle on what Steve was doing.
 And so I think that if we can reduce it to three, and I don't think we're looking to X listers. I think this came up and I also feel like if we have, if there's, I mean, it's going to vote. So in the end, it's presenting something.
 essentially closing the road so it's pedestrian only except for the people that live there.
 Okay.
 Yeah.
 and only the pedestrians can go.
 I'm not eating it.
 The comments that were made.
 You're going to have pictures that are different, the names are going to be different, but if the basic, you know, it's like how you set up a dictionary, A through Z.
 Yeah.
 And I knew we were taking a risk at the time, but we wanted to keep this thing going.
 So Mary, we can start with you.
 Ernie and I work on the same floor, but pretty much every 150 people work on the same floor.
 Yeah, and it seems like some of it comes to us with the access permits, but then some of it is DRB.
 contact the group if we know who it is.
 You know, if anybody's in the works. As of right now, the DRB keeps waving on the HyroDome specs.
 You're not going to be able to make it to the next meeting too? I forgot. Okay.
 second.
 I think that what was said here earlier was right.
 So as it relates to transportation, I think the issue of the bridge has come and gone,
 I mean, the document that the voters just voted down, I read from front to back.
 It's like four plus the chair person.
 Any other thoughts? I certainly want to maintain a good working relationship and like I said, I haven't heard any complaints about the quality of the work, but I think we need to take care of the situation but make it clear that that can't happen in the future again. Absolutely. Because your point's a good one, June, but it's not clear to me that there's anything that we could have done to have known about this. Well, we knew that we were
 All in favor? Aye.
 I don't think that's a good policy overall. But if the DRB is consistently waiving requirements, and if the applicant doesn't get what they want waived, and they come before this board and they make their appeals, they go, well, you know, we need this, and I can't put a development at the cheese factory unless you waive A, B, C, and D. It's just, you know, that there's so much inconsistency. And finding this in some of the recent DRB decisions, it's pretty stunning.
 And I think that's a good point.
 want to live here.
 That's really the biggest thing, is pressures are routinely below what is acceptable in the water supply rule.
 I think they're probably going to do a stretch from the bridge through Williston also.
 I think I recall it's like the municipality has to be the applicant, right? I think there are a couple of different scenarios.
 All right, so we will have a quorum for the next meeting.
 Thank you very much.
 Okay.
 discussion? That seems like the best option at this point to try to keep moving ahead.
 I think that an act of democracy is defeating something that you don't like.
 That's my only plan of doing anything in the town.
 I wrote down your questions from last time, in case you forgot. Well, you answered one of the ones that I had, was do you know what the level of commitment was? And obviously, because you've served on it before, and you also answered it in your first, when you did your intro. So.
 And I think, I mean, I would be satisfied and pay the outstanding bill with that. And then the other thing is just an understanding that we in the future won't pay for any services rendered their invoice more than 90 days after the point that they're delivered. That's fair.
 Yeah, that's to the town manager.
 been reviewing some of the development review board decisions and I'm surprised at some of the things that are required by our zoning document and the liberty of the DRB is to waive them.
 This is the work we did in 2010.
 If we had, if right now we had a major break or a major situation, we would be in trouble because we do not have the funds in reserve to cover that.
 Thank you.
 I've pretty much stayed on the sidelines of village and town politics over the 22, 23 years I've been in town.
 Okay.
 So that's good. Excellent.
 And maybe it'll give the planning and zoning folks a little bit more oomph when they're looking to do some of their work.
 I'm just making up a number.
 progress.
 So Jeff, as far as the light, it sounds like they fixed something.
 Okay, perfect.
 All right, I heard that at the last select board meeting our last invoice was discussed and I think actually Bruce gave me a call, so I'm hearing this like fourth time. And just happened to notice on the agenda this morning when I was looking at front porch forum it said cast bill. I'm like, called up Jeffrey and said probably a good idea for me to come over. And so that's why I'm
 I can tell you from experience in working with other large engineering companies that are under the STAR program, you know, the CDMs, the Stantecs, and that no town would receive what we've delivered for less than about $90,000 or $100,000.
 I guess my proposal is to lower the membership to three members of the public.
 Otherwise, it's a public record. OK.
 What I didn't see in here was notification to area residents. And I think it's, did I miss that?
 It's the only thing I'm
 I guess they just haven't been addressed since they were put in here.
 And then the next question is how do we crack down on those folks? I mean, like Mary's in here, sometimes every select board meeting, talk about a race that happens all the time in front of her house. And how do we, I mean, we've talked about, you know, getting the word out on other front porch forums or other town managers or the things like that.
 I think it needs to be a little bit more flexible, a little bit more lenient in some of its approaches. But how you do that and how you balance it, maybe it's just a different way of looking at it. And that's kind of what I hope would bring to the process.
 Yeah, mine from last time, yeah, it was about the town plan and where we're at with zoning and the town plan.
 Well, we received two emails of interest, one from Fred Barrett and one from John Cart.
 I'm split between the two of you on that particular one.
 Thank you.
 And of course I was like, does this mean that we can get a discount? And he's like, we can negotiate something. And I was like, oh, okay. But it is expensive.
 don't have an answer yet.
 was
 And so some people are looking into, have contacted people at the state to, I sent you that email chain, right? Just to figure out how we can kind of move that cleanup along.
 That does concern me.
 So if they really wanted to do it, they would all get on board.
 rate task force.
 Partially.
 But thanks for pulling everybody together, Jeff.
 And there are many options for different types of calendars in the variety of website options we're looking at.
 And then it would be adopted as an ordinance.
 It looks like they are definitely moving in the right direction.
 Yeah.
 Any other discussion? All in favor? Aye.
 Welcome to the May 6th meeting of the Select Board.
 And, you know, unfortunately, maybe we've gone a little bit too long to harness that and really be able to focus it and bring more people in.
 I'm not nearly as familiar with the hydrogeologic model as he is, but he really had to spend a lot of time bringing this guy up to speed.
 were actually signed on behalf of the firm by Mr. Jensen. They stated our interest.
 I'm not leaving, I'm just...
 They sent out a selection letter.
 Good morning.
 When we approached the court on that date, the court heard arguments.
 That's the Meyer Jensen law firm. It's not even Craig Jensen. It's the Meyer Jensen law firm. So that prior contract doesn't apply.
 Those funds were dispersed last year immediately after the court.
 Both parties are representing themselves. It's another rule that we're all familiar with.
 Mr. Schmid.
 I think you're right. The judge did, I saw that, they cut your client off. They cut the client off.
 We dispersed the funds because if we couldn't, this case had been dragging on for, we'd been about for 46 months approximately.
 He did it.
 And there was one point in time where Craig pounded his fist on the table and the judge chastised him.
 And I think that's a good point.
 Okay.
 Those are the type of evidentiary issues that must be developed.
 And then he signs a contract with a different entity, the entity Meyer Jensen Law Firm,
 And then the court decided to follow the Rhoades statement.
 has a
 And the court shows that he had reviewed the court file because at one point in time during the hearing, I said, Judge, if you look at the docket sheet and he cut me off, he goes, I did look. And my point was that Craig said he didn't touch this case until 2011. He had already entered it into the court.
 Now their objection to that is, he's going to be disingenuous, he's going to minimize his time. I can anticipate that argument, that argument was made in the record. That's fine.
 I think Jensen should have gotten more.
 So after considering that, considering the statements of Mr. Jensen, and what transcripts, of course, never show, is Judge Montojian told us all to be quiet, and he sat there and he was presumably calculating whatever percentage or, you know, looking over his notes, and he was doing these calculations.
 We're going to take it.
 He is entitled to the contingency agreement that he has with the United States.
 Craig filed the notice of appeal.
 Yeah, right.
 an argument.
 And that's Craig Jensen of Council to the Schmieder-Laken Law Firm.
 Not as if we showed up here with the form.
 He anticipated when he signed his contract with Mr. Johnson.
 would be a good practice for all plaintiffs firms to do this.
 He elected to go with that approach.
 And the judge says, are you objecting in any way to their affidavit? No, Your Honor, we accept their affidavit. Then at that point, it's a stipulation.
 So why can't he feel injured or be injured?
 the arbitration award came down in October.
 What I'm saying is... But you're not a party in the original case.
 I believe that's correct.
 this a dispute. It seems like the plaintiff or the parties to the litigation are really just nominal parties and perhaps they do have an interest in making sure that their lawyers are paying.
 I'm here with Craig Jetson at the table with me.
 Is there any point at which anybody stipulated that end evidence or it was offered and admitted or?
 And so while this Court may have jurisdiction over Jesse White, the next question asked to Jesse White then is, well, does he have standing? Well, I don't understand why he wouldn't have standing.
 And at that point in time, the only question before him was, how much should Meyer Jensen
 That is exactly the relief he was expecting.
 should have honored
 There has to be, just like the Baker case, they came in and they developed the record, and that's their burden.
 on the late leave issue, and I want to be clear on this.
 He signed a contract in March and in November 8th is when the settlement contract and that is exactly the type of issue and I think if I can anticipate and if I'm wrong, tell me I'm wrong, if I can anticipate where the question is going, the question is what happened during that period of March and November?
 Because Mr. Jensen had walked in the court that morning and said, we had no need, period. We gave nothing, not a... And this was off the record the first time around. He made the same argument a little when we were on the record.
 And so I think I think, you know, the question for this court is did the trial court abuse discretion having heard twice once off the record and then
 I mean, I'm not saying that's a bad thing.
 some employment. You have to have employment in order to have a leave.
 Is Mr. Jensen then seeking his quantum merit for what work he did for those months? No, he has a contract.
 The purpose of that hearing in December was to release the funds to Jesse White.
 motion call.
 And I did not announce this this morning, but I had back surgery.
 We did reference in our pleadings that the court had access to the other file because they had appealed the arbitrator's award, accusing the arbitrator of not paying attention during the arbitration, not following the evidence, and doing a bunch of other things.
 that obviously the only party appellant is Jesse White.
 do discovery. Both parties ask for discovery.
 I'm not sure.
 As a matter of fact, you'll see in the record there's an actual extra copy in the record of Mr. Lincoln's affidavit with all the exhibits.
 And Mr. Schmieder does acknowledge that on December 27th at the regular docket call, he hands to the judge and he hands to Mr. Schmieder, I mean to Mr. Jetson, this entire thing.
 And I think that's a good thing.
 And then, all of a sudden, at page 27 of the transcript, in the record, page 171, the court asks, the one-third attorney fees is $258,000. Mr. Jensen says, of the gross amount, yes, Your Honor. And then the court turns to Mr. Schmieder and says, is that what it is? And Mr. Schmieder says, yes. And Mr. Jensen then says, may I? And the court cuts him off. Hold on a moment.
 And there's some interesting reference to that Baker case, the 5th District Baker case on attorney's fees.
 And the court, this was attached to Mr. Lakin's affidavit, and the court was reviewing this. We were talking about a lot of things.
 And it was, for some reason, things were very heated at that point in time.
 I
 I might be wrong on this, but my recollection of reading that case is that there was a complaint for tortious interference with contract that was part of that.
 following the ARDC guidelines perfectly.
 to rise us out of your employment.
 but simply just having him pleadings in front of him, and then he ruled.
 And they're just, this thing completely deviated from the rules of evidence.
 And we'll be all of that.
 We have no doubt what the issues were.
 point of view, why couldn't he have standing? Well, if he had raised specific issues below that he was advancing to this court, that may be a different issue.
 But I do an appeal. Because you can live with that.
 We filed an amended complaint and we estimated it did this much time. That can be done. There
 dig your arguments.
 Or maybe a chair to move you up.
 None of that's in the record.
 And so why? I mean, I think that's a head well, I mean, if that's the standard for standing, then this Court's going to be troubled by that new definition of standing.
 And two things, one, we think Jesse White does have an interest and is an appropriate party to the appeal.
 At that point, we think the proper result is that they've given up their opportunity.
 I'm not saying that's good or bad. I'm just saying mathematically, 51,000 square feet.
 And so the court offers, you know, asks the parties, let's do some opening statements. And there was never anything more than opening statements.
 You guys go work this out and if you can't work it out, come back. We went, tried to work it out, came back.
 if you look at it.
 Craig files a motion to reconsider. Judge, I don't know what happened.
 That's what the Nussbaum case talks about.
 And which is what you're doing.
 want him exercising jurisdiction over it, that would be a violation of the law.
 something.
 And then for Mr. Schmieder to represent to the Court later on the motion to reconsider and to represent to this Court that evidence was presented.
 Secondly, there in the case law, they say that Nussbaum case, the Nussbaum case goes exactly the opposite way.
 You won't find that in the record.
 His money that's getting divided up, his claim is paid, but then he has obligations with attorneys for a third or whatever that comes out of his money.
 I think that was big. I think I said, I guess I can live with that. And I was trying to just clearly didn't want to hear that.
 I am the new attorney that just was hired. And the only letter I received was this one from Mr. Blakeney after they were fired, which all it said was, hey, remember, we have a lien because it was a new attorney.
 filed by the attorney or their client. So it seems to me that...
 He's not an adult, but he's an officer of the court. And I was in the house.
 I'm sorry.
 I think Mr. Jensen seems to say it was with me, but I was with the Lakin firm. And Mr. Lakin's brief says it's the Lakin firm. He was our employee.
 The court and the parties all showed up, and it's clear from the record the public party showed up thinking that this was going to be a preliminary proceeding.
 As a matter of fact, I believe it may have been the day or two after Christmas.
 So,
 Thank you.
 So Jesse White, his contract was signed.
 And I'm going to be talking about the next slide.
 We certainly did print his exhibit.
 That's because that was, of course, a courtesy copy.
 And this is the evidence that he's talking about.
 And therefore, the way we resolve that is we have a trial.
 I'm awarded less than what I think I'm entitled to.
 And it's just entertaining for me to read that and see who was called as witnesses.
 I think that there typically should be a quantum merit on this. They should have to meet their burden of quantum merit.
 record.
 But that doesn't take away from the fact to say that there was no evidence.
 I understand what you're saying.
 We had, I mean just as an example, we had, this is a printout, Exhibit F, of our court, our computer records of this file.
 I think in that case, there was a count.
 And
 We have a lease which dictates that the trial will adjudicate that we that we.
 I refer to it as a who's who of a Lance Barr.
 What are you.
 That's why we have the rules of evidence.
 The evidence is when affidavits and exhibits are stipulated.
 And I think that's a good point.
 I'm going to have to do that.
 Here we estimate it took this much time. We sent discoveries. We estimate it took this much time.
 They meet their burden of proof to show how much time they put into this case because that's the quantum merit.
 If the division was different.
 And as far as my request for discovery, I want to be very clear. I didn't know going into this. I thought the proper thing for the court to do, the court had a couple options here.
 I'll take that for Ms. Pottinger.
 And that's just impossible.
 That was the amount that they suggested, but it comes out of 20%, 15%, 25%, 50%.
 He has an interest to see that the attorney that he selected is paid.
 And I think the lien statute does say that notice has to be given quiet as well.
 And I think if they had, if Smeeter-Lagan had gone to the judge, we wouldn't have to be here if it was a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case of a case
 Mr. Jensen made some comments, and Mr. Schmieder made some comments, and what's remarkable in the record, as it goes back and forth, and unfortunately, it was heated,
 the law. We then came back
 Not standing.
 And so we specifically pointed out to Judge Matojian, if you need more information about that. However, I was concerned about, gee, we have an arbitration award. I'm not asking this judge to do anything with that arbitration award.
 And thus, the plaintiff actually omitted, actually said defendants, but then said hyphen,
 You heard Mr. Schmieder say to you that the judge paused and said, wait, let me read this.
 That's not evidence.
 And as long as the notice of appeal complies with Room 303, jurisdiction is vested in this Court.
 And so, you know, I think that's a good point.
 Because if it's just about satisfaction, everybody will always have standing.
 this case.
 the fact.
 didn't want it getting lost in translation that we had a proper lead.
 be in the alternative.
 And you'll recognize in the fit go, it's known throughout this, exactly what the issues are, because Craig complied with exactly what 303 requires in the compliance.
 The original contract, though, in the briefs that were filed, it's not clear to me whether Mr. White signed the contract with the Lakin firm or whether it was with Mr. Jensen.
 Mr. Milan with us and with Meyer Dent.
 Mr. Jensen acted as a counsel to us, agreed to continue the trial date until the fall.
 met every single element of serving a proper lead.
 is he seeking fees for the period of time he was of counsel? No, he's seeking fees and he's entitled to fees. There's only one party here that had a contract with Mr. White when the case settled. That
 paid a third of the fee. He wasn't aggrieved in any way.
 I
 We're not.
 Thank you.
 Let me ask you this.
 So, and I'm going to go ahead and get started.
 And again,
 records and
 And depending upon how many hours and there was quite a bit of work done, the court may not have been able to disperse any funds to the plaintiff if he was going to award us based on the crime merit because until we figure out what that lien amount is, we're not captive to the contingency.
 He brought it, he expected to have a hearing, he expected to. Did he object to Mr. Schmeier's exhibits? He was handed these, he didn't even, he asked to hear evidence.
 And then it says on petition filed by any attorney or their clients, any court of Congress. That's the part I'm looking for. Right.
 Now, I'm not sure, I wasn't in this case until the appeal, what the record will be once it's fully developed.
 And I think that's a very important point.
 The case actually started back in 2009 because the case was originally filed by Lance Mallon, who then worked out a relationship with us. Charlie assigned the case to Craig, and we went from there.
 There was a couple short months, the only thing in the court file, and this was the other thing, the only thing that was after we withdrew, the only other thing that happened that was in the court file before the case settled in September was the filing of an evidence deposition.
 attorney for the plaintiff.
 bill for the
 know why couldn't he appeal to this court and say I don't like the way the judge divided the attorney's fees.
 And my whole point in bringing it up to Judge Mutozian was I was telling him that the firm's expectation under that agreement with Mr. Jensen was that we would receive 89% of the fee.
 And so, the judge is going to have to make a decision.
 is entitled under Illinois law to quantum merit would be the Schmieder-Layton law firm. They're entitled to quantum merit.
 It complies in every aspect with Rule 303.
 All right
 We didn't know because we didn't show up because we didn't know what we were arguing about.
 Somebody's making a noise.
 We would be able to see that there was an agreement while he was in an of-council arrangement to have an 11%.
 I think it was appropriate.
 And that's one of the ways that evidence is created.
 So the court's enforcement of a third was for you all jointly, right? Correct.
 You see, they're reading my mind. It's scaring me.
 But once the lien is adjudicated, and if Meyer Jensen is upset with the result, Meyer Jensen, as a party affected by that order, has an appellate right.
 Now he may have not known the law, obviously, but that was his anticipation.
 The arbitrator found he breached his agreement with us.
 Hmm.
 Well, I did not object to any of the exhibits that he submitted to the court.
 Does the lien statute, doesn't the lien statute itself indicate that you have to serve it in the name of the client? I believe it does.
 I cannot. I cannot. I mean it's just... Because all of the cases seem to be wrong when there's a dispute, even Rhodes.
 And they said, we don't have jurisdiction over the other defendants.
 He didn't abuse his discretion.
 the pending contingent fee contract with Meyer Jensen and then determined quantum merit for the Lakin firm.
 They have to develop that record.
 The purpose of that motion was not to resolve finally. How do we know that from the record? Because in Craig Jensen's motion he asked, put the attorney's fees in escrow.
 And one of the.
 It was, yes, it was settled.
 And on the record, I don't think the court can reach that conclusion that no reasonable person would take the view adopted by the trial court in this situation.
 Most of the, what he's talking about is, it's not on the caption, but had they filed, you know, Meyer-Gensee, hereby appeals from this, that, they would have been identified as a party.
 I was doing was pointing out that credibility matters.
 I'm not going to do it.
 I haven't seen the arbitration award.
 In order to get Jesse his money, the case had been around since 2007, we're in 2013, so in order to get Mr. White his money, Mr. Jensen attempted to work out something. When he couldn't do that, he filed a petition.
 This was a regular.
 you
 that this shouldn't be remanded for retrial, that the full fee, the full contract should be awarded to credit.
 the court did I mean did anybody say wait a minute judge I want to put on evidence for Mr. Johnson may go ahead and say that.
 recorded Mr. Lakin's affidavit and all the exhibits attached to it right there on his
 The petition, the initial petition about attorney's fees was filed by Craig Jensen on November, I believe it was November 26th.
 They ask for discovery, Craig asks for discovery, we get ready for trial.
 The rules of evidence didn't appear at this adjudication.
 Yeah.
 They claim that they pushed Mr. White. There's no evidence of that at all. I said that you can stay with them.
 There was a sworn testimony of Mr. Lake and there was the statements on the record by Mr. Jensen. There was an affidavit of Christopher Parr that he was referring to that they don't, that the defendant wasn't aware of a lien. That's nonsense. What that affidavit says is I am Christopher Parr.
 I mean, once the case is dismissed with prejudice because it's been settled, how would you open a new MR case? How would you envision that happening if not part of the original case? I'm not saying it can't be part of the original case.
 We didn't find out about this settlement until a little later.
 I mean, he's going to say what he's going to say.
 case.
 And I'm not going to go into the details of that. But I'm going to say that this is a very, very important case.
 I'm holding the record.
 Well, there's a couple of things.
 You don't have 15 minutes of argument and then the court just sort of pulls the plug and says, here's what I'm going to do.
 They filed their brief.
 But then in March of 2013, that relationship terminates.
 In fact, much of what Mr. Schmieder told you is just not in the record.
 I assume everybody, not everybody, but the two parties
 And I said, well, you know, I'm not going to do that.
 We're saying they deserve 51,600. Mr. Schmider, Mr. Schmider says, what I'm saying is I think we at least yes, I'm saying that.
 And they also get the benefit of whatever time Mr. Jensen put into it when he was working there, right? And I agree with that. And even during the period of time that he was up counseling.
 And so he did hear evidence.
 Yeah, great.
 appearance back in 2010.
 He was agreeing to give a third, a third, and a third.
 That was before Judge Prower.
 It states that it shall be upon the party against whom their clients may have suits, claims, or causes of action.
 And that's in Mr. Schmider's motions, that's in Mr. Jensen or Myer-Jensen in their motions.
 We then at that point in time, we said, I've got too long of a line here.
 You know, and
 And he wanted to rule, and he didn't want to hear any moral arguments because he had heard them over and over again at that point in time.
 And he said, ìI donít think that weíre going to be able to do that.î
 We don't know. There's no findings of facts.
 Thank you.
 and they were unable to do that.
 If they're disagreeing, and unfortunately there's clearly some rancor, you can't read that transcript without knowing that unfortunately there's some rancor.
 And what's interesting to me is in no place do they claim any remote prejudice.
 I'm sorry, it seems that the case law though, that is even cited in the Tui case for example, lists the parties even though it's an attorney-fee fight.
 The first contract, yes, the first contract that was actually signed in 2011, 2017, 2011, that's the first time they have a contract. And that is with Jesse White, with the Schmieder-Lake and firm, whatever kind of name they go under at that time, that that was, that's right, and he was their employee.
 between Brad and Craig, and then he said.
 And, uh...
 And then he then proceeds and corrects it on a quarter quarter. He says it's fine to get a quarter quarter. And then we proceed.
 We walked into court, we provided the lien letters, those lien letters were provided during the representation.
 In other words, it's like a swimming corporation.
 issue to Truly.
 Mr. Barron, welcome.
 affidavit which authenticated those exhibits and they were provided to the court.
 I mean, the court has not interpreted the contract the way he has interpreted it.
 And it settled in September. After it had been set for mediation in March,
 I know it's a plain experiment, a disadvantage for a great deal.
 And I was arguing that's what should apply here, and it avoids the whole hassle of us having to show quantum merit of us conducting discovery, going down that line.
 So Mr. Jensen had no objection.
 Oh
 All right.
 There's nothing in this record that tells you what Judge Mettosian was thinking.
 I then handed the court the lien letters, showing that we had submitted valid lien letters during the representation, and they were actually signed by Mr. Jensen back in 2011.
 And the judge said, well, we're going to have to do it again.
 And so I think that's a good point.
 So what would you have us do then? Are you saying that we have no jurisdiction? Do we have to dismiss? What I'm saying is we have no jurisdiction over Meyer Jensen or any of their claims or how this impacts them.
 And if they can meet that burden of power to them, then we'll move on to the other issues.
 That's the agreement, and that's the only contingency agreement that's in effect when the case sells.
 We have cross-examination, we have sworn testimony, we have the rules of evidence.
 Thank you.
 Okay, but Mr. Schmieder's motion, I think, went beyond that.
 is 20% of $258,000.
 the argument here is, as I understand it, that the trial court got this backwards.
 Rule 303 says that you, that the notice of appeal must list the parties in the same way that they are listed in the trial court.
 I couldn't do that because the question about standing is whether Jesse White would benefit from any of the brand. Well, he would be.
 And that's when he awarded, he made his findings at that point in time.
 Or the case settle, I'm going to follow the line of cases that follow the statement in Rhodes, like De La Paz and the Wagner case, that says if a prior firm does much of the work and the case settles shortly thereafter, you reward the whole fee to the predecessor attorneys.
 And then out of that comes whatever Meyer Jensen proves on a quantum error basis.
 And I think, Justice, as you suggested, it gets stipulated into the record.
 But the reality is plaintiffs firms who do jail and zack and MPLA or whatever don't really do anticipate a lodestar argument.
 I'm just a little.
 And yet there's some hint in the record about your client having a contract for 11%.
 to be remanded for the issue to take evidence the way evidence is supposed to be taken.
 My name is Lee Baird.
 Mr. Jensen filed 70 civets and submitted his distribution statement to the court at the hearing.
 I don't know.
 anticipated paying Mr. Jentzman.
 I hate this because I don't like our attorneys, but we had an arbitration with Mr. Jensen because he breached his of house with us.
 And at some point in time, the court, and that's why this is the second time around that the court's heard a lot of this.
 recess.
 their burden of proof.
 Okay.
 He expected that there was going to be a subsequent hearing, there was going to be a discovery, and he would have an opportunity.
 The judge makes an error that they continue. The judge makes a mistake.
 He should find also submitted exhibits.
 I mean, this was his injury claim to begin with.
 the burden shifts to them to prove their case.
 Now, as far as the motion to dismiss for lack of standing,
 Your name is not anywhere on the notice of appeal other than in the signature block.
 There's nothing new coming out of anybody's mouth. And as much as I like to talk, he shut me down as well.
 So every once in a while I stay out, so I'm not leaving. So please don't even think about it. I'm listening, Mr. Graham.
 And the judge had the judge had had this. He also had the court file in the doctor chief, which is a very important thing.
 It's simply their burden of proof, too. Because of the statutory cause of action, the Lean Act, the Lean Statute, they have to prove that they've complied.
 Chris and that is exactly
 The next case called on the docket is 514-0175, White v. Field and River Terminals, Inc.
 With our exhibits, we submitted six exhibits that were attached to the sworn testimony of Bradleg.
 grief in any way, and there's nothing, no injury to any recognizable legal interest. And so he doesn't have standing to assert this. Now the question- Can you point me to a case that exactly says that? That the- That says just what you said, that the, there's no standing of the- Plaintiff? Yeah, the plaintiff in this case.
 She's had three contracts.
 While we were representing Mr. White, the mediation was canceled.
 And then the subsequent attorneys get quantum merit.
 But simply five, if we got to a world where whatever somebody attaches to their pleading is evidence and is admissible evidence, the rules of evidence disappears.
 I mean, being an employment lawyer, you're very used to keeping records to the tenth of a minute.
 except that we inferring and got frustrated with everybody and said this is over and this is what we're doing.
 But alternatively, if you're not persuaded by that, then alternatively it needs to be remanded and there needs to be a full trial.
 So?
 And we pointed that out to the court.
 And then when we get to the court's document statement, it says, identify all the appellants. Identify everyone that supposedly has an interest in this appeal, and the only person they identify is Jesse White.
 And this case didn't start in 2011. That was another statement that Mr. Jensen kept arguing.
 So the fact is, there was a fine man that had breached his agreement.
 And there were some accusations by Mr. Schmieder that Mr. Jensen wasn't being truthful. There was counter suggestions that Mr. Schmieder wasn't being truthful. We have a tool for how to deal with issues when people, you know, say we're not being truthful.
 That's the reason we have a trial. That's the reason we use the rules of evidence to resolve this.
 The case settled though just months after the contract was signed with Mr. Jensen, right? March to November?
 He's entitled to the contract that he has with Mr. White.
 it names white is the right rule
 And I think that's a good thing.
 I'll verify that for you.
 Thank you.
 The court could say, S.L. Chapman, you're going to prove quantum error.
 he would be more satisfied maybe if
 He decided to file the Wagner and the Lapis cases, which I think is perfectly within his discretion to do.
 That's absolutely true. And so then they can come in and they can go through their plea, these things, and file a motion for summary judgment. Here it is.
 But if he follows the Wagner-De Lattinus line of cases, we're captive to the contingency.
 And I think that's a good thing.
 A lot of the mistakes judges make are at the behest of some attorney.
 And exactly a hint, that would be if the record was developed.
 So you want us to tell Judge Matozian that he had evidence before everybody didn't really do it right?
 I don't think they have the right.
 Please, the floor.
 And I'd like to respond to a couple things that Mr. Baird has said. First of all, there is evidence in the record.
 paying you all anything.
 He was paid a set amount of money to finish a bunch of cases, including this one.
 And I think that was sort of the, what Mr. Barron is talking about, the court appears to be impatient. Well, he's heard it all already.
 And I think that's a good thing.
 And instead of as an officer of the court coming to a judge and saying, judge, you know what, I think we really need to be discovering, you need to hear evidence on this. Instead they go, yeah, atta boy. Let's, we got, we pulled this one off. Let's hold on to it and let's do everything we can to hold on to something that we don't deserve. That's at least, I think that then they've got to live with that.
 Maybe he would have ended up with the same numbers, but it should have been done that way is what you're.
 Tell us something about their jurisdictional argument.
 He's gone through various attorneys here.
 Now, quite honestly, what happens at that point in time? I'm the aggrieved party.
 And he's saying that in the F.A. hearing, that this entire document runs in the record from 41 to 144, that that somehow Judge Minkowskian absorbed all of this and treated it as evidence.
 And because none of us were raising anything new. No one ever said, Judge, I have one more piece of evidence, or I need to either state this for the record or take the stand or put somebody on the witness stand. He had all the evidence, and there were certain times, and Mr. Barron characterizes me as accusing Mr. Jensen of things.
 That's funny.
 is what the standard is.
 So your biggest complaint is that their name is not in the right line on the notice of appeal?
 What we have in the record is an affidavit from somebody at the insurance company, or a bill, and it says, look, I went through the record, and the only lien that I found is March of 2013, after Layton Chatham was fired.
 That's exactly the appropriate question.
 And for some reason, the courthouse was packed.
 Thank you.
 No, we had it with us.
 It seems to me that the clients, whether they're plaintiff or defendant, are really the nominal parties.
 The case settled, the Jesse White case settled in November.
 So this was a regular motion call. This is a regular special selling.
 Because they put us on the trip here to Mount Vernon. I love coming to Mount Vernon, but you know, maybe not in this type of weather, but yes, they... I have to be here, you have to be here. I checked the website last night to see whether or not... We're all going to be here, but... We're all going to be here, but Mr. Jensen will see the entire thing. I think that's probably right.
 that very specifically he didn't even reference to wanting to put on evidence. He did. We have the reference.
 we do cross-examination, we find out where the truth lies, we find out how much time they put in, they
 He's an officer of the court.
 The
 And the other case, like as you said, is the other case is referred to the parties just as they were in the trial court.
 The letters are actually quite professional.
 This case is unique in that we have a dispute over a little more than a quarter million dollars worth of attorney's fees, $258,000 worth of attorney's fees that were adjudicated by the trial judge. I use the term adjudicated loosely here because there was no sworn testimony, no cross-examination.
 We had that going on.
 We presented our argument.
 There's 13, 14 exhibits.
 I couldn't find a case that exactly says what you say.
 This contract for a third was with Mr. Jensen.
 I think I was...
 I don't think it's a misuse of discretion.
 And then Mr. White is quite appropriately given this option. And the record that we do have this in here, the letter in here that Craig sent to Mr. White. And he gave me three options.
 He was testifying, representing to you certain facts.
 And that's how you prove up cases.
 They're all noticed what the issues are. They're here.
 I don't know that he had evidence before.
 They had a brief, they tried to try to resolve the dispute.
 That point we're here now and they're still telling you that there was evidence and.
 And I can deal with that. And then the court goes, I'm going to rule right now from the bench that the plaintiff gets $51,600. Which happens to be 20% of the fee.
 he must have handed it to the clerk and he filed it a second time.
 I've got in my office one of those electronic desks that goes up. Maybe you can figure out how to install it.
 They could
 So the court was taking into account everything that Mr. Jensen had said, whether he was under oath or not.
 That's 100% if you go with that logic.
 And the cause number is referenced in, it was cause number 13L1800.
 The purpose was to get the money to Mr. White and then there would be discovery and then
 And he said after a while we handed him a copy of the our exhibits, the affidavit, some case law that we were referring to, the Wagner and the Lapis cases, and the Rhodes opinion.
 So it's not notice to the client.
 So he did not ever say, I object to what's a taqiyya.
 And why couldn't he say, I think Jensen didn't get enough here?
 That was odd.
 We have rules about witnesses are called, they're sworn, and I can't pull the quote out of it directly, but cross-examination is the greatest truth-telling, truth-finding tool that we have.
 And this type of hyper-technical argument has been rejected on multiple occasions, as we cite in our brief.
 Please support our rock. We're from this whole Chapman
 the judges up there dealing with other matters.
 conclusions of law.
 court.
 The actual name of the case, I'm sorry it wasn't the Tewi case, it was De La Paz v. Select Build and Construction Inc. That was an attorney-at-law fight and yet the names of the parties in the lawsuit were the ones named in the litigation.
 He's not seeking fees for that period of time.
 So we met our burden.
 And I think that's a really good point.
 And so those three contracts, you can say that for each one of them.
 And you'll see there's examples throughout the argument where Craig is actually testifying.
 First I presented background material and ideas.
 a better citizen.
 The topic for discussion is the need for a federal constitution.
 Their method produced the best citizen.
 Whatever else my children ought to know when and where important events happen.
 democracy be improved in our city. We could
 with the democratic method could be adjusted.
 of like what he said, getting
 how to work the projector.
 Okay, but when did you get around to studying history? Well, our next steps were what you would probably call studying history.
 We certainly can, and many are.
 We talked about what democracy meant and orientation. Now,
 Now, domineering and ignoring others' rights,
 Everybody knows it.
 They ought to be taught to read and write good English.
 Our report is built around a series of film strips and chapter three in our textbook. Jane
 It shows as our first general topic what democracy means to me.
 This is station W.
 The first problem was to find a workable definition of the characteristics of good citizenship.
 The third group, however, was tussling with our local skeptic.
 and gained self-confidence and became a responsible member of the group. Harold, in making skillful use of information, was reaching towards maturity. In this class, some grew a great deal, some grew a little.
 Why don't you give us an assignment, Mr. Davis? Now, just a minute, folks.
 How can we run a class democratically, everyone for himself? They discussed it from every conceivable angle.
 begun to see some of the possibilities of working together democratically to share responsibility and set up goals for the year.
 This step was a test as to whether the groups could work democratically.
 was introduced to an exciting new world of facts. While each individual talent found a way to contribute, each group organized
 You've heard fine reports about this school and about the good things that you and your students have been doing.
 finally evaluate their accomplishments and discuss together ways of improvement.
 Learn how to read and write better.
 practice. These days, parents and teachers alike realize it must be their serious concern to help our young people become better citizens. For
 What do you think? About what? Well, I'm not sure. Do you think we learn as much by letting us kids run the class? Oh, we're not going to run it by ourselves, Mr.
 Working student subject matter in democratic situations that develop better citizens is
 At first, I've got to admit, I thought I knew all the answers to this problem. Then we visited the mayor. The mayor changed my mind about a lot of things. He had solutions to several problems. They were...
 the chairman and recorder selected in each.
 responsibility continued with the election of a secretary.
 I'm not sure I could do it. Oh, sure.
 We just think we have all the time in the world.
 The others felt the familiar excitement that every teacher feels at the start of a new term.
 You already have done something about it.
 some questions. There's a
 We're glad that you are discussing it in class.
 Why don't we visit the mayor for the first thing?
 How about it, Al? Well, I guess you're right.
 very important. And so they worked, they struggled, they planned, and they grew.
 Every staff for some time had been aware of the limitations of its teaching methods.
 Occasionally, one would be more impatient than the others.
 Mr. Davis, we're not getting any place.
 talked a little about what we learned in other social studies classes.
 Tell me, why didn't you evaluate yourself on respecting rights of others?
 their ideas were combined and refined in small groups.
 The influence of the class gradually was causing Al to respect others.
 Think critically, share, and discuss findings.
 organized its growing mass of information. Our class had become a team.
 Can you tell us something about how and why you came to use your present method of teaching? Well, that's a pretty big order.
 learn how to put democracy into practice.
 understand our American way of life.
 Absolutely, this country always needs good citizens.
 Edwin.
 David is going to help.
 began by filling in work plans.
 Harold had been against trying out the new method, but he was popular enough to be elected class chairman.
 Now, who's going to report on Jefferson? Oh, Helen, you took a trip to Monticello last summer.
 politicians are crooked.
 Following my preplans rather closely,
 Yeah? Certainly. You've recognized that you have this problem.
 We were learning a basic lesson.
 school where parents and teachers are concerned about how and what their children learn to prepare them for citizenship.
 Our organization is concerned with this matter.
 Each group was now engrossed in its problems. Students found the library a valuable source for needed information. Outsiders may have been surprised at their eagerness.
 Through considerable reading, committee work, discussion, experimenting, and in meetings with parent and civic groups,
 Sounds like a good way to do it. Yeah
 all this a waste of time? After all, your job is to teach American history.
 Well, what seems to be the problem?
 took several tests to determine how much knowledge of American history the students already had
 I rate myself on that I never thought about it much like.
 for each student to make his own list of goals.
 Try it.
 And individually, they read and did some thinking.
 Mr. Washington will present his views first.
 We discovered, as others have, that the answer sprang from the very nature of our democratic society.
 study of American history, they wanted to achieve the following goals.
 One guy,
 The public continues to expect certain immediate results from our schools.
 group has studied the problem.
 I don't know.
 I know I want to do that. I know I want to do that.
 We selected our first topic for study in the same way as we had established our goals.
 Actually, I haven't been talking just about American history.
 Let's talk with people around town here and see what they think Do some more reading on it and discuss it again. I think we ought to know for sure what we're talking about a Very good idea Warren. How about that?
 Harold Coring. Harold always running away from facts.
 kid out to do better than me why.
 did democracy get started and develop.
 Do you have any facts to prove your point? We'll never get any place this way.
 Throughout our discussion on the main topic emerged several problems.
 she'd make a fuller contribution.
 USA today we have a most unusual program featuring early leaders of our democracy the year 1787 our speakers George Washington
 The Detroit Citizenship Study gave us one of the best answers.
 all gained something from their experience.
 says our community is democratic. Harold says it isn't.
 And they voted against the autocratic method, with the teacher dominating,
 Welcome.
 worked closely with each group.
 true, there are easier ways to teach.
 The parents continued to keep in touch with what was happening.
 familiar and rewarding result. Local citizens had to think twice when asked to compare democracy with other forms of government. The community's mayor and city manager were interviewed by one of our groups.
 Excuse me, Mr. Davis.
 Yes, good citizens.
 Because, you see, we need citizens who not only talk about democracy, but who are willing to work to improve it.
 The chairman led the discussion and set up goals.
 Sure you can. You could use your snapshot and I'll give you a hand with it.
 The whole group is identical, of course, but it was an average group.
 I don't know what to do about it anyway.
 There's always been this rich variety of individual demands, but nowadays almost every adult agrees on one basic goal for all students.
 We just know that's all. Everybody knows.
 Learning is best accomplished among friendly youngsters, acquainted with each other.
 being done more and more in alert school systems.
 ever seen?
 For example, here is a third grade on a field trip which they have planned to get first-hand information about their questions in science. Here's a sixth grade class sharing their findings as to how fractions are used in their homes. Here's a Latin student and his teacher evaluating his progress through a teacher-student interview.
 find these students interested in learning because they had a part in making the decisions.
 Democracy is not only an effective use of facts, but a dynamic way of people living and working together. America's youth are not
 Political thinking based upon facts is very important.
 fairly typical of our other teachers' experiences.
 Well, I've just been looking over your progress sheet.
 of what Harold Corey has to say, we still think we have some democracy in this town.
 were the usual number of personal problems.
 all agree so we decided to give individual reports and to invite two leading citizens who could talk with us. Mrs. Hoyt.
 social, economic, military, and political.
 Finally the whole class and I got together for discussion.
 The second group was doing as well.
 Alexander Hamilton
 thus a fair method, also was inadequate.
 Finally, we arrived at a consensus through class discussion.
 The heart of our struggle to maintain and strengthen a democratic way of life are the nation's schools.
 Cook will introduce the first film strip and lead discussion while
 The authoritarian method, with the teacher dominating, we felt wasn't the answer.
 everybody's ideas and talking over what we want to do.
 Wait a minute. Why can't you both do it?
 That's a good idea.
 authoritarian, laissez-faire, or democratic.
 It's Arthur Davis. Not his real name, but it'll do.
 Can other subjects be taught this way?
 I have listened to people without
 I said to him, thanks.
 We'll discuss these one at a time.
 Thank you.
 Teaching methods which develop and draw upon the knowledge, skills, and attitudes of all the students.
 More problem groups were formed.
 Harold's father should have heard that. He wanted Harold to learn the facts.
 How can we find the truth?
 They settled for the democratic pattern, shared responsibility, mutual respect with the teacher as a resource, a consultant, and a guide to better learning.
 What else could I do? In conferences like this one, I could gauge the extent to which my students were improving. Gradually, in the give and take of the class sessions, Al had begun to develop more respect for the rights of others.
 use topics to study.
 Sometimes they got into trouble.
 projects were nearly complete.
 Thomas Jefferson.
 the students do as they pleased.
 discuss topics in small groups.
 Now as never before, American education is challenged to help prepare the new generation for the vital business of acting as free individuals in a free society.
 We'll run our projector.
 I think it's fair and I think we'll learn more.
 knows about the film strips and now you're good with a projector.
 tried to find the answer.
 American history. Been doing it for years. Let's go
 the rest of you. Shall we, New Orleans?
 The world's attitude, for instance, was apparent when the class was choosing among various ways by which the class could be conducted.
 Last question, Mr. Davis.
 That's the first step towards improvement.
 in my opinion, make them strong and healthy.
 Our group worked on the problem.
 At last, each group made its report.
 In essence, it's to use teaching methods which will produce better citizens while teaching subject matter.
 How did democracy get started and develop? How important is democracy in the world today? How does democracy differ from other forms of government? What contributions have the outstanding leaders made to democracy? How can democracy be improved in our city? Each student voted for the problem he wanted to work on.
 they both can't be right.
 Hence the laissez-faire method with the students doing just about what they pleased.
 The last discussion following each of the reports revealed some important conclusions. Interest was greater. Facts were learned better and remembered longer because they were related to very real, everyday problems.
 interrupting them good what else
 Every student was the better for it.
 find answers to problems.
 I'd like to preview those film strips on the Constitution. No.
 how to solve problems. To understand the United States is a major power in the world today.
 I know of no more effective way to help our students learn, not only to learn more facts, but to
 For teachers using this method,
 Talk to him.
 That's right.
 Corey will report what he found out from the mayor. Harold?
 What interests us is how do you develop these qualities through a regular school program? Well, suppose we take last year's class.
 Of course, I had helped by suggestion now and then, and mostly the steps were to read and think individually.
 One's self-confidence was being bolstered.
 got in this class.
 things fixed what are you.
 The first few days were spent on orientation, getting to know each other's names, backgrounds, and hobbies.
 Rules ought to turn out good citizens.
 This school happens to be in Michigan, but it could be any other school anywhere.
 chairman and members of the class.
 I've described a democratic method of teaching which can be used to varying degrees by any teacher on any grade level in any subject.
 next generation must be prepared to help build their future. A vital step in that direction is practicing democracy in the classroom.
 Presentation really doesn't waste time, Mr. Corey.
 democracy doesn't operate by itself in a vacuum.
 I might tell you how I first became interested in trying it out.
 This was also clearly shown through various kinds of evaluations by the entire class, on worksheets by each group, by taking several kinds of achievement tests, and through teacher-pupil conferences
 and Mrs. Emerson. Mrs. Emerson, chairman of the League of Women Voters, will suggest how young people and adults can work together to improve democracy in our city.
 Can't seem to get started in spite of
 what their interests and attitudes were.
 The outcome was this.
 We'd seen the importance of individual responsibility.
 Madam Chairman, fellow countrymen, the reasons for a federal constitution are
 I feel like you're not going to get in trouble for going in the other direction.
 Being able to talk to folks or call them up or send them an email really is one of the strengths that I think I have in the position that I'm doing because if I say, can we get a meeting, nobody's declined time with me.
 And I want to also give a shout out to Zero Gravity for their great contribution during the Pride celebration.
 Nothing would delight me more.
 The show is called United We Stand Up and it's like a politically themed comedy show.
 boy.
 and
 I had to leave work early and then go back to work afterwards.
 She just wound up her first year up in St. Albans last night.
 And it may be part of a larger case study or they may already have information or complaints about the individual or group.
 I've also spoken with Senate Leader Pro Tem Tim Ash, Speaker of the House Mitzi Johnson,
 I think you guys should push for that.
 I have to make a note of that.
 No, she was.
 She says, well, they had subtitles.
 And uh...
 Oh yeah.
 I anticipate reaching across the aisle, so to speak.
 First time I ever went to a pride parade, I was there for probably like a half an hour before I heard some like, this poor like disenfranchised straight bro who
 One of the things that we did cover was how to report an incident.
 So we're asking that we, we're working to ask if we can get that inserted in there
 Yeah.
 The alliance provides expert advice to elected officials, political activists, state agencies, community-based and professional organizations, and other interested parties on representing and protecting the interests and rights of LGBTQIA Vermonters.
 I'm Bruce Bumhus for here, Channel 17.
 It was great.
 And he has been both my trainer, my teacher, my mentor, and a friend.
 and we'll see you again when you come up to Vermont.
 And we spent some time discussing some of the nuances of the conversation that we had with Governor Scott.
 And I got beautiful roses from my friend Meg.
 It's always a fun show.
 H.B. Luzzito is sponsoring again a very successful two-day seminar out in the country.
 I'm really glad to have him.
 Not only the drive would be fun, but just getting down there in one piece would be interesting.
 I hope you're watching.
 3. This bill proposes to require that any single-use toilet in any public building or place of public accommodations be identified as gender-free.
 And we've had great luck booking people for the show.
 Were you trying to fly or was it a skateboard?
 you're just gonna have to work backwards. Like a picture of his headless torso.
 straight pride.
 Yeah.
 And that...
 If you've noticed any of the press that's come out of the governor's office lately, he has denounced the rescission of DACA.
 He wanted me to come down and co-host with him at Goddard College at 7am.
 and I got to go up Church Street together.
 What are you doing over there?
 Can you guess? I think Green Mountain Crossroads is probably one of them.
 Okay.
 I was glad to see her.
 I suppose so.
 So I'm excited to join my fellow expatriates.
 I've got a literal laundry list of folks that I've been able to have time with.
 In any
 Really in the Green Mountain State you might you might feel like you're getting murdered. I mean
 I guarantee the weather that day is going to be beautiful and crisp and cool.
 And we want to be able to have a very firm commitment to you guys, as well as my organization, that we're representing you, not ourselves and not our own ideas. So we need to hear from you.
 nightmare.
 So we'll never take Home Depot away from lesbians.
 And you're moving as long as you mention that we'll just talk about it yours
 It always has like an out of order sign.
 to book around that.
 I would go right to their website for information on that to register and by all means contribute to that.
 I think of DJ Donovan very much the same way, very open and asking questions.
 Yes.
 And so I was also honored this year with my friend Craig Mitchell to be co-
 Yeah.
 It's that part of the show.
 I think if I'm remembering correctly could only do Annie in my show if his horse didn't give birth that day Which is a weird
 Okay, cupid's a common one.
 They have done it before if you participate.
 political.
 I think the further away from the cities you go, there are little progressive enclaves and stuff.
 Of course it is.
 And he asked a lot of questions, and Keith, GhostLant, and myself were able to provide a lot of information and things that he was genuinely interested in.
 She's got a
 I'm trying not to cheat and look at my sheet
 And this is your, I think this was your bio. Yeah.
 will work for lots of folks.
 I'm looking forward to working with everybody and the governor and
 Really cool.
 screen.
 And you know, just from an educational standpoint, anybody who's listening to this, anybody who's a citizen, you don't even have to have been legally able to vote, but these folks will talk to you.
 And we have speakers.
 you
 There's a panic.
 It can be done.
 And that's kind of that.
 rather than stretch this into 45 minutes.
 I've been told.
 And yeah, so it's a lot of fun, and Annie and I love doing it.
 I think that's it.
 happens.
 Governor Scott.
 Are you kidding me? I don't know about you, but I would love nothing more than to see that.
 Yeah, you can cheat. Over.
 You're welcome.
 Well, it's kind of interesting because we had early on identified that we'd like to get in and speak with the governor.
 You and Annie do a routine, or have done a routine.
 and sat down with you.
 So states that are much larger than us, including a whole country, are working towards this
 So yeah, should we end on a joke? Well, we could, yeah.
 the L.
 So, and lastly, we have outright Vermont, not leastly though.
 know she's you know very talented interviewer so
 I don't know, I've...
 He was our guest at the Vermont Comedy Club. City Councilor Max Tracy from Burlington. The newest City Councilor, Ollie Jang.
 and the lineups they get are just like insane.
 So it was pretty shocking for them, for these rural audiences.
 I think we all know that.
 take it off and go to the Big Apple for brighter and bigger things to do.
 My work
 You need to know what's going on in there.
 There's always some sort of mess that's being cleaned up in the men's room.
 It's a show stopper.
 And if you ever thought law enforcement wasn't on your side, you need to spend some time with the man because as the enforcer of all of our laws, he is definitely watching out for us.
 Rachelson, um, Deanna Gon Kronsky, Connor Casey, wh director of the Vermont d
 There's an AIDS walk in City Hall Park on October 1st at 10 a.m.
 And behind me was a trailer full of my gay young friends bouncing to RuPaul.
 I gotta get a pet.
 OKCupid is what we want.
 to be part of it last year. And I think that's a good thing.
 Sure.
 David, you're going to be a pastor.
 Straight people
 Yeah.
 Okay.
 provide answers to the quiz.
 I think we pulled it from my Facebook page.
 It was really good. We had about an hour of his time.
 They're always great.
 So we had him and several people from his office that were in there with us.
 don't have to lie. They say, well, I'm not M and I'm not F. And X works.
 But with that said, I think it's a pretty good state for some partisan work. And passing of the first part through H-333 through the House had very little objection, as well as some of the other things that we're doing.
 We had people represented from all communities there.
 be appropriate.
 They'll definitely spend some time with you and they want to hear what your concerns are.
 I got to drive my big red Jeep up Church Street.
 He's just like trolling for pussy at the pet food warehouse
 to know what's going on.
 I used to be gay to be on Grindr.
 There's another local comedian who has a really funny joke.
 Danny is moving too.
 I got the 30 minute notice.
 I listen to that everywhere I go.
 I will tell you that the...
 Go nuts!
 So let's see, where are we? What have I left out? What do we want to cover? Oh my gosh. I was kind of curious about what your experience has been like working with Governor Scott and his new administration.
 It was, the whole park was packed.
 Vermont cares. Oh, thank
 I'm going to throw in a little disclaimer that anything that's said here today is actually my opinion and does not represent anybody from the folks that I represent as the, excuse me, what is it I am? I am the liaison for the LGBTQIA Alliance of Vermont.
 already been adopted in Oregon and California.
 got any more comedy for us? Because I'm really dying to hear some jokes.
 Yeah, he was very tall.
 So Annie was like really important to the show because she knows about like journalistic ethics and all.
 Also, there's always some old man cleaning the men's room.
 It's mostly a shot.
 Dana Kaplan, new executive director there.
 It's at a place called Littlefield in Park Slope and Wyatt's an act host.
 at Moog's place and you go out there and people, it's not that they don't like gay people, but they just have no idea what Grindr is. They don't know about, I think they're just ill-informed about gay sex.
 had him right after he was elected.
 There's gotta be a joke there somewhere.
 Cool.
 It's on my phone.
 I don't know what it's gonna look like
 So what we do is we bring a bunch of stand-up comedians in, some from Vermont, some from out of state, sort of a mix of people, and just people who have sort of politically relevant material.
 and you can find her at Zero Gravity, pouring your favorites, hopefully soon.
 I missed the parade part of it, but I was there for the big party afterwards.
 I think she would too.
 And this is Brenda Churchill for the Comedy of State.
 we're co-brand marshmallows. We're gonna adopt that, co-brand marshmallows.
 So nothing is
 And it's really been great to have the ear of the lieutenant governor as well.
 also very funny.
 where has that happened before? She says, Spain.
 Yeah, right then. Good thing you brought your pen.
 And he's on my list, actually, in the next couple weeks to reach out.
 I have a funny story about the first time I went to a Pride parade.
 Okay, grinder and.
 So again, these are the organizations that I represent for the Statehouse.
 It is part of the DMV's upgrade to their system.
 And I know that many people have very strong feelings within the LGBTQ community, but keep an open mind, and I will when we sit down.
 And he advocates that if anybody in the community has an incidence of bias, any type of hate speech, anything that maybe we're observing in other states and it filters into Vermont, if you let me know, I will let them know.
 We'll have to get her on the show to refute or substantiate.
 I'm really lucky to have worked with, this will be just a little bit of prop for my co-liaison Keith Goslant who has been around a long time, was on the Freedom to Marry caucus for the men
 The group seeks to fairly represent the collective voice of the LGBTQIA Vermonters through advocacy, community building, education, and representation.
 friends on the T also did
 We had a great conversation afterwards with Rachel Feldman.
 We were laughing and joking all the way up.
 Yeah, that's what I'm talking about.
 certainly will be invited.
 That's good.
 But...
 was just down there a couple days ago.
 I'm pitching this to you.
 This session is H333.
 Which is too bad because Annie and I are nice people. But we've had, yeah, everybody has been, that's the nice thing about living in a small state is that your public officials are all very accessible.
 There you go.
 The one I saw happened to be down in our state's capital.
 These poor cops are not even going to know what this guy's face looks like.
 You're recovering from a near fatal accident, plane crash? Something like that.
 I should probably not.
 We've been working with folks at several different levels to see if we can make that happen.
 I wonder how he feels about his party's hard line on those same issues.
 They are.
 Now, when the title of the program is Everyone Has a First Time.
 I'm surprised you got resistance on that.
 pretty enjoyable.
 think you'll be able to find a political venue to bring New York politics to the forefront? Yeah, it has been kind of on my mind because I have no journalism skills.
 I think now the deputy news director.
 And so I said, well, that must mean that the written word is stronger than the spoken word, but only in Spanish.
 It makes me nervous about getting murdered because if you get murdered you just lose any sense of privacy you once had.
 promise it will be.
 I've been also getting out to meet folks, which has been really interesting.
 road trip.
 And I just feel like I don't need that kind of hassle in my death, you know?
 I'm hopeful that this will go right through.
 Republicans.
 I want to let you know that my co-liaison, Keith Gostland and myself are planning a road trip, actually to four different locations this fall.
 Yeah.
 A lot of Vermont comedians, former Vermont comedians are living there now.
 It's going to take a few minutes to review what I do within the LGBTQ Alliance.
 Oh my goodness.
 right for mine is, yeah.
 Marshall.
 I think Suze has a pet.
 I don't know if he wants me to know that on TV, but if you...
 It was interesting. He wanted to be a doctor.
 He has also come out with 10 other governors for the current health care program, not the repeal and replace that the current federal Republicans want to do.
 No, Peter Jacobson is the executive director there.
 no registry for that headless torso pictures? No, it's just gonna, I'm so afraid it's
 a lot of fun and Wyatt was super nice.
 rapport with the audience and she can warm you up and get anybody laughing.
 I don't know if I asked which ones. If I could remember them, that's how often I might go in there.
 I think they've done this before
 But I've been thinking a lot about ways that we could keep it going. Annie's going to be in Chicago.
 October 27th and the end
 I think it'll be great for young folks who are coming up and have to put their first legal document in.
 And while the nuances of taxes and teachers and things might have gotten into a different category with some folks, I think sincerely he thinks about our community and really does.
 Yep.
 Kendall's from Burlington right now, and he's a stand-up comedian.
 I feel good having a governor that will take the time to sit down and listen.
 Have a great evening. Or day. Or night.
 people waving, screaming, shouting.
 I think she has done it.
 and all things LGBTQ out of work of media down in Montpelier also did a nice interview for me.
 And that actually follows what Canada's doing with their passports now.
 Yeah, rainbow.
 I'm gonna text him every night like, you up? That's somebody else you're thinking of.
 Most recently I've talked to Phil Scott, TJ Donovan, Becca Ballant, Tristan Tolino, Celine Colburn, Brian Chia Sena, who is also a really talented DJ here in the area.
 There's a joke there.
 Governor Scott is the top Republican, but with that said, he should be accessible to everybody, and I think all the electorate should.
 A couple of the things that I also wanted to mention are what we've identified as challenges that are currently being confronted by Vermont's LGBTQIA communities.
 You could also use it to avoid gay people in your area. How you use it is your business.
 Keeping with both the political theme and the first time thing, I'm going to relate a little bit about my first time with the Pride Parade.
 I don't know if everybody will get that, but I know all the folks who are gay will probably.
 Wow.
 The series is on a hiatus for a while.
 They're actually adding X to that.
 and the legislature is where we're headed.
 knows he's got a two-year term and he's about a third of the way through with both the terms.
 Can I cheat?
 Thanks for having me, Brenda.
 and we'll see you soon.
 open for headliners all over New England, performed on night train.
 But you go, there used to be shows we were just talking about out in Morrisville, Moog's Place.
 did a promotion with beer, which is okay with me, and donated it back to the Pride Center.
 So she kind of would book all the political guests and she spearheaded that part.
 really? I haven't tried it.
 Oh, very cool.
 Oh, I must have misread.
 What do they go through?
 Yeah, that might be a tough venue.
 I was like barbecuing and listening to like Kid Rock.
 So we've had David Zuckerman on the show.
 I've never gotten in trouble for using a women's room before.
 For United We Stand Up, the only people who have said no to the show are Republicans.
 There's not much for me there.
 Oh, great.
 Well, I don't know if, are you on any dating apps, Brenda? That I admit to? That you admit to.
 as much as they have bad press, they also have some good press. And they have good people that work there, and TJ's one of them.
 Yes.
 I hope so.
 Oh my goodness.
 I think you guys did the show at, what's the venue?
 they were part of the Pride Center.
 was like walking by and he was like, man, well, why don't we have a straight pride parade? I just remember thinking like, I don't know, man, but if I had to guess, I would say there probably just aren't enough straight parade planners out there.
 I am on Grindr and Tinder. Look me up.
 Tom Mester and I have been talking.
 It was a lot of fun that day.
 And it was a predominantly gay crowd, and they all got the jokes, the innuendo, all the overlays that were in there and all the things.
 You can use it.
 And it's been a blessing to have somebody bring me through this process.
 Permissions to anticipate and collaboratively respond to proposed and enacted laws, policies, action, and community-level crisis that impact LGBTQIA Vermonters
 But I've actually done a couple of shows already.
 I remember I think we chatted about that a little bit and it sounds like there is it we're not going to have to do that through the legislature.
 That's good.
 afterwards.
 which was really
 Cindy Weed and Dan Connor up in my neck of the woods have been always open to conversations with me.
 I think we should.
 Yeah.
 I know you're going to be successful going down to New York City.
 won the annual Vermont Fun in 2015, profiled seven d comedy club. He's been
 And it was just a really wonderful day. I had a blast.
 of local entertainment up there.
 a young queer comedian and a friend.
 That is just a joke, of course.
 We took it.
 Yeah.
 That was such a fun show. Annie Russell.
 fundraiser for our friends at Outright and
 I mean, my gosh, who wouldn't want to have the opportunity to use one or the other when there's a line at one and you can go in the other?
 And the thing is about Vermont politicians, almost every single politician we've interviewed has either had to leave early or get there late because they have some sort of animal that they're taking care of.
 And I don't know if you know, Mark, can you?
 And we're doing the comedy of state this afternoon as a little bit of an interactive talk show.
 in the place. But we've, all of these folks have been identified as folks that we can go and speak with.
 We're doing that through some interesting things that I've uncovered this summer.
 I think it's certainly important to just talk to people as individuals.
 Tell me about that.
 So if you're interested in doing that, follow some of the guidelines there and post that and you too can earn funds for the fire truck pull or better yet, sponsor a team. Be on a team, just come out and have fun.
 In any case, what would you like to do today on the show? What have you got in mind? Oh, I guess if we're talking about first times.
 Some Vermonters might know Annie Russell from VPR.
 And they laughed at everything that was happening.
 and we'll announce that pretty broadly.
 I keep imagining it's just gonna be a bunch of really drunk people in the parking lot of a Home Depot.
 And then at the end of the show, there's an interview with a local politician or political figure in general.
 That is absolutely my worst nightmare.
 I will tell you that my friend Christine showed her documentary Denial at the library in Montpelier this past week.
 Cool.
 It could be.
 And I use it all the time because they're always nicer.
 It's been very hard to book a conservative.
 people in public service you mean?
 He said David Zuckerman.
 The Pride Center just completed the Pride celebration two weeks ago and I mentioned that Craig and I were there.
 I'd have to say one or two.
 those guys are great.
 But it was a lot of fun.
 WIGS.
 anywhere, everywhere.
 Yeah, I don't know.
 I promise.
 I don't know who he thinks is stopping him though.
 show was a
 And I was asking her afterwards,
 You can use it to find gay people in your area.
 kind of read what is our mission and purpose statement. And the LGBTQIA Alliance of Vermont comprised of representatives from a range of LGBTQIA organizations and individuals from the broader Vermont community are
 and I would say that this is my first time doing a tape show.
 Like I said, I always tell people I wish I had paid more attention to civics in high school.
 We're actually looking to do it administratively, which is really a huge cost savings because if you don't have to run it through the legislative process.
 I don't identify as either democrat or republican.
 that is anticipated to be again next year.
 Crossroads which is down in Brattleboro, Vermont.
 That is one of the things we also have coming up in the Senate.
 He marched in the pride parade with us.
 But we're going to do that again.
 you in this year's pride parade? I yeah they did it in Battery Park this year which was super fun I
 And she's been doing that show now for a year, and I've been to a couple of those shows and they're great.
 dry, sly style and dry wit
 Well, thanks for having me, Brenda.
 That's pretty damning.
 I host that.
 We'll put it in the bin to check on later and see what we can do there.
 you've been all over the
 And also, I read here, this can't be right.
 Yeah, I can...
 David is a farmer.
 And I was out of town I think, but it looked, I was really sad to miss it.
 and they're very open to conversation.
 Within the context of the alliance, there's five organizations that are cornerstone or original groupings.
 My name is Brenda Churchill and I'm here with, what's your name? Kendall Farrell.
 One of the things that I'm working on is changing the driver's license to add the letter X to it.
 But I wonder how Governor Scott, it seems like he was interested in what you were saying and was responsive to the issues you were bringing up.
 That's good.
 And yeah, being on Grindr is fun, but it also makes me terrified of getting murdered.
 And one of the things that you can do is you can go on their website and you can look at their information there. And there are, interestingly, one of the unique things that they've come up with for fundraising is that they've found individuals that will post their fundraiser on their website.
 I am going to take a moment to introduce my next guest, Taylor Radke.
 Yeah.
 So funny.
 I did get through the house, I did testify there, and I believe we'll have a good result with that.
 I have not had the opportunity yet to reach out to Republicans.
 They just, the cops go through all your stuff.
 Yes.
 that he could have shaved by now.
 That is a great place to shop.
 Big Apple, yeah.
 We want to talk to the LGBTQIA community without any filters.
 I asked them to change it to marshmallow, but they didn't quite get to marshmallow. But Craig and I got to go.
 I think she just hangs out there.
 3
 He understands the people of Vermont.
 Actually, I'm going to review some of the fundraisers he's got coming up.
 I now have his personal phone number.
 My goodness, Mark Hughes had me on his radio program a couple weeks ago.
 It's gonna be all over the evening news, like, squashed across, like, have you seen this faceless torso? Contact the Burlington PD.
 Locally, we've got, of course, the Vermont Comedy Club, Comedy and Crepes at the Skinny Pancake, Brews and Bros and Foam Brewers, Barn Party at Zen Barn, and something that ties in with our theme today, which is the United We Stand Up.
 Just curious, when you're doing a comedy routine, are you able to discern the differences between a gay crowd, like with your LOL comedy series, and a straight crowd? How do you change that up? How do you do that different? Yeah, well I think it depends on, maybe not if they're straight or gay, but just like where you are.
 Maybe I would go visit her, maybe she could come visit me.
 or two.
 He is having a fire truck pull fundraiser on Church Street September 30th.
 Again, go to Green Mountain Crossroads to register and find out more information.
 Yeah.
 I know that Republicans will be Republicans and Democrats will be Democrats.
 and folks within his office also are remarkable.
 Pride Center.
 And as such, we'll probably talk a little bit about that as well, but I want to get to my guest, Kendall Farrell.
 Nikki and emoji are hot stuff and
 just hopeful I wasn't running over anybody.
 I hope Suze is watching too.
 I want to thank you very much for watching.
 But what I would like to say is that if anybody has a
 I would really suggest that you look up your local representative and speak with them.
 I didn't even know that.
 umbrella of Central Vermont actually put on the first Pride Solidarity March that coincided with the official Pride date this past year and it was very successful. We
 As non-profits, they're always working very hard to generate funds to keep their staff. They're partially grant funded, but contributions go a long, long, long way.
 I think you're right and I think they have both of these.
 In my own county of Franklin, I have the Senate Minority Leader, Dustin DeGreer.
 I won't give it away in case you never run, but about how the hottest place to meet single lesbians in Burlington is at Pet Food Warehouse.
 I heard that.
 This was about three years ago, I guess.
 3
 I'm going to start to wrap up a little bit.
 New York is working on similar legislation.
 Yes.
 news and some queer comics and hopefully a fresh perspective on for you guys and
 I got three of them.
 And I'm just excited to have the opportunity to get my message out and bring in some queer comics and have fun with my friend Kendall.
 And we had the opportunity to sit down and speak with him last week.
 And I want to really thank Kendall for being here with us today and my show debut and being the beautiful co-host that you are.
 And how was that? Was that a big club?
 These three shows
 That seems fairly LGBTQ friendly.
 I'm one of the presenters for that as well.
 and I would kind of book the comedians.
 she hopes grandma is home.
 no matter how hard she tries.
 Long those ribbons fly as she jumped so high.
 Woosh woosh woosh
 she gets in line with her new friends.
 monkey rushes over to purple frog.
 Oh my, thinks Eshi. Eshi smells more smoke.
 Eshi gives her mom the Ethiopian three-kiss greeting every day.
 Tap, tap, tap.
 Yes, I'll take a flyer, purple frog.
 she cannot fit into her seat.
 My talent is dancing.
 Kiss, kiss, kiss.
 Eshi sleeps a happy, safe sleep, with her mom lovingly by her side.
 You are all safe, boys and girls.
 Hi Blue Monkey, where is the school? Blue Monkey sings. Go to the pink dolphin's river, she swims by the school.
 I'm Justin.
 My band plays the blues.
 so Eshi shyly walks to her seat.
 She is stuck like glue.
 Suddenly, Ash's trunk smells something a little funny.
 Hi, Yellow Snake.
 Bongo lands, splat on her legs like a cat.
 lives by in the school, you will hear him singing.
 But I'm not very good.
 Her home has many hills and a big lake called Lake Tana, and a beautiful waterfall called the Blue Nile Falls.
 Eshi's family is called a herd.
 and up.
 butterflies flew, bongo jumped, yellow snake slid, white tiger ran, pink dolphin swam, blue monkey sang, purple frog glowed,
 You were born to do the Esquista.
 she hears some whispering.
 bright light.
 The children do not listen. They run and run.
 sees the other children going into the school.
 as she sees the light in her grandma's eyes.
 She is in a big show, in a glittering costume,
 Sashie meets banana frog.
 She has so many questions about what school will be like.
 There she has an idea.
 Eshi is very excited. Today is her first day of school.
 It says purple frog.
 As she loves to eat fruit, grass, leaves, roots, and flowers.
 She does not need to squirm like a worm.
 This is a fire alarm.
 This new seat cannot be beat.
 Grandma begins to shake her shoulders with a smile.
 Her trunk has two fingers at the end.
 White Tiger is next and her opera is the best.
 Big love for you!
 as she asks Purple Frog as he passes out the flyers.
 she says. Mom, where is the school? Follow the path as she. You will find your way.
 Hooray, SG! Hooray! The fire truck is outside the school.
 They squirm like worms.
 Hello there, can anyone tell me where the school is? As she cries out, I really can't be late.
 Come Eshi, do it with me.
 shimmies, eshy shakes, and
 Grandpa dance with you? Why yes, I met him at my show long ago when I was
 as she quickly learns that her trunk helps her a lot.
 Slither slither slither
 She watches the pink dolphins water ballet while she sings about being pink.
 They don't even care.
 What a great gang, think Sesshi.
 As she walks her grandma onto the stage and proudly announces her grandma's Azkistan dance,
 There she sees the butterfly castle, a castle filled with many different butterflies swirling about.
 Wow, look at those big ears. Hey, I heard that, laughs Eshi.
 As she listens to her teacheress, she begins the lessons.
 Please stay calm. Please get in line quickly.
 At last, Eshi sees the school in the distance.
 The judges are amazed.
 Hey girl, yikes! And a new adventure begins at
 Sparkling on the stage, everyone is clapping for her.
 Who is her teacher? What do you do all day in school? Eshi is a little afraid, but she bravely walks the forest path.
 She scoops up each boy and girl with her trunk and puts them on her back, one by one.
 Sure, sure, Yellow Snake, take one.
 mother says. Eshi, please listen to your teacher and follow all her rules.
 children, children, the teacher calls out.
 An Ethiopian rose is a great snack.
 She does not need to shimmy.
 And here goes.
 She can pick up very big things and very little things.
 Eshi does not need to wiggle this way and that.
 A group of turtles do a chorus kick in a line.
 It's in three weeks, Eshi.
 I just put the love in my dance.
 Eshi has one problem.
 firemen thank Eshi for being so cool.
 They shimmy, they shake, they
 Wow, you are all so beautiful. You are all so many colors.
 Eshi can't say no.
 As she pushes, as she squooshes, as she squirms.
 I am in a tither, tither, tither. Wah, wah, wah.
 Grandma, you're a great dancer.
 Eshi thinks she looks funny because she has the biggest longest trunk.
 What do you think about a dolphin who is pink? I play all day with my friends who are all gray.
 Hooray, hooray, hooray! Eshi, you found the school! Eshi smiles and waves goodbye.
 Grandma's shoulders shake and her body shimmies.
 Can I sing my new country song? I'm a yellow snake. Oh, how my heart just breaks when the kids just run away and say, I don't like snakes anyway. They don't even know me.
 I like my ears, I can even hear the most quiet whisper.
 What a day!
 Then surprise, surprise, surprise.
 Grandma, come with me.
 But Eshi cannot fit into her seat, no matter what she does,
 Jump, jump, jump.
 White Tiger runs by in a flash.
 Hi, Ashley, I'm Maya.
 I'm a blue, blue, blue, blue monkey just hanging around up in my tree.
 One day, Eshi's mom makes a special rule.
 1, 2, 3, kick.
 They plop, they drop, thump, they are getting nowhere.
 As she tries this way, as she tries that way.
 A white tiger runs past her and grabs a flyer.
 Okay, see you tomorrow.
 Time to go back into the school.
 Eshi gives grandma three big kisses.
 She runs free through the forest under the beautiful African sun until the bright stars come out at night.
 Eshi hears a splash, splash, splash.
 As they all walk into the classroom, they see a change, a big change.
 Sounds good.
 Everyone is looking at her.
 Come on, Ashy, don't be shy.
 A very good day is now going very badly.
 Woe is me and my fate is a snake.
 She swoops up a flyer with her horns and she is off.
 As she says as she crunches
 she loves her home in the Ethiopian forest.
 she hears a song.
 she found her way to school with her friends help.
 Eshi's mom leads the herd.
 123 123 waltz step.
 Before Eshi answers, a flash of white is in their sight.
 says grandma.
 As she wishes, she cannot hear what they are saying.
 We want both of you.
 push and push.
 Ashi is very excited.
 dancing.
 Well, Eshi, maybe you just have not found the right dance for you. Keep practicing.
 Oh, hi, Purple Frog. Where is the school? Purple Frog wisely says, Eshi, go to Blue Monkey's tree.
 boys and girls cheer for Eshi.
 At night, as she dreams,
 flap flap flap go Eshi's big ears as she runs.
 She does not need to scream.
 They don't see I'm lonely. They don't know I'm there.
 They are all sitting quietly in their seats.
 I will see you there.
 pink dolphin.
 Show me, Grandma.
 She can even smell a skunk with her trunk.
 She wants to be at school on time.
 This is always good in an emergency.
 Mom, what does my name mean? Well, in Swahili, Eshi means life.
 It rushes away and leaves some purple glow that stays.
 As she hears as she wakes up,
 Ashi's grandma squeezes her tight as they walk home.
 Eshi and Grandma are dancing together.
 she says, Shiley.
 Go to school and learn new things.
 They all try to squeeze out the door at one time, but they cannot fit, no matter how hard they try.
 The butterflies make a beautiful rainbow right before Eshi's eyes.
 As she gets up early in the morning to go to the audition,
 and Grandma really shakes her whole body.
 That's what I said when I gave birth to you, my dear Eshi.
 These big ears help Eshi hear sounds from far, far away.
 As she just sits on her mat and smiles.
 A new adventure begins, Eshi's first day of school.
 Purple frog, purple frog, purple frog.
 so much. I am so happy I
 Everyone is looking at Eshi. Everyone is laughing out loud at Eshi.
 Hi Bongo, where's the school? Bongo says, go to Butterfly Castle. I go to fancy parties there.
 she lies.
 Rainforest Talent Show, Rainforest Talent Show, sign up now!
 slides by the school.
 Hi Ashie, I'm Jimmy.
 I remember him. That's my story.
 classmates start to giggle.
 Are they following me? Who? As she asks White Tiger.
 Kiss kiss kiss mommy. I love you
 Tap 2, 3 shuffle hop step.
 I see that, Eshi.
 Eshi loves to laugh and play with her family and her forest friends.
 says Eshi.
 What's that? asks Eshi.
 I'm just singing my song. Come listen to me.
 Now it's time for Eshi's act, but Eshi can't move.
 she sprays water out of her trunk.
 runs on the road by the school.
 This is Eshi's new seat.
 It smells like smoke.
 Um, are you okay? Don't run away. Where's the school? Yellow Snake was surprised Eshi was not afraid of him.
 Eshi loves to eat those big Ethiopian pancakes her mom makes called injera for breakfast and queen of Sheba salad for lunch.
 Well, I have to get going.
 I'll be back.
 Let's go my sweet Eshi, let's go get a treat.
 Picture perfect.
 What is your talent, Eshi? Um, um, um, Bongo? I can't give you a flyer while you are jumping to the sky.
 I have to glow.
 One very big problem. One super problem.
 she is very happy when she is with her whole family.
 Please
 Eshi is feeling very sad.
 Eshi was confused. The castle is by the school.
 I am learning so much.
 Where is she? It's a surprise.
 An audition is showing your talent in a tryout to see if you can be in the show. I'm a judge, as you know.
 That puts the love in my dance.
 Hey wait, White Tiger, where is the school? White Tiger says shyly. Well, just follow the yellow snake.
 Hi, Eshi. My name is Susie.
 My fans, the paparazzi, everybody.
 As she wiggles, as she swiggles,
 As she loves her mom so much,
 I feel like dancing the Esquista and a new adventure begins.
 says Grandma as she gives Eshi a big hug.
 She has so much fun all day long.
 and dancing.
 This is to audition for the show.
 blue, blue, blue monkey.
 Bongo does her acrobat.
 Pink Dolphin says as she splash dances. It's by White Tigers Cave, the
 The seats are all in a big circle with a big space in the center.
 Swish, spray, my very own water fountain, hooray! As she does cool tricks with her trunk, showing off for her friends.
 Yummy! Eshi's big trunk and fingers help her get all kinds of food that she can find.
 Ring, ring, ring goes the bell.
 Oh, ask Bongo. She jumps around.
 As she runs and waves goodbye.
 have to pass out all the flyers before it gets too late.
 Grandma, I love to dance.
 She lives deep in the green grasslands of Ethiopia.
 I will be judging, look for me.
 Now here is one more problem.
 Eshi laughs. Purple frog glows at Eshi.
 she runs, swims, eats, plays, and laughs with her whole family.
 jazz walk, kick jump, and kickball change.
 Yes, yes, you were in the show.
 she points her toes and springs into the air and lands with a big fall. Thump! Oh, hi Grandma! I'm
 They squoosh, they bump, they thump.
 Eshi is very proud.
 She sees a very big, bright purple glow like a spotlight and a very small purple frog with a crown.
 Eshi runs out the door, leading the whole pack. The whole school is behind Eshi, and all the boys and girls riding on her back.
 Grandma, did you ever dance? Why yes, Eshi. I was in the Eskista dance troupe, our traditional Ethiopian dance, the shoulder dance.
 Eshi was not sure she understood, but she goes home and practices her dancing anyway.
 And my ears keep me nice and cool in this hot African sun.
 She does not need to push.
 as she sees her classmates.
 Yellow Snake whines his lyrics and sings out loud.
 says purple frog.
 I really know a purple frog who glows, a blue monkey in a tree, and an elephant named Eshi.
 Show me! Oh my, I have not done this in a while.
 Yikes! Run! A skunk! A skunk! As she learns to pick up many things that she wants with her trunk.
 In Amharic, the first language in the entire world, your name means hooray and okay.
 If she needs to find the school, she can do it.
 Good job, Eshi. You were calm. You were thinking.
 As she picks up something to eat.
 says Purple Frog.
 Rainforest Talent Show. Rainforest Talent Show.
 Tomorrow by the school, that's where we will be.
 As she hops on stage, her shoulders roll.
 They all plop down to the ground.
 Hurry, hurry, Ashley! Follow my rainbow to the school!
 Eshi, you must go to school.
 Eshi goes home to practice her dancing.
 Grandma dances the Esquista. She looks so happy.
 Now go to sleep.
 The plushie's ears are so, so, so big. They just keep on growing.
 She does not need to shake.
 a snake slithers around him.
 Thank you my friends. With a smile on her face and a tear in her eye.
 So that means they're eating into, they're going over budget every year.
 I don't think so, Paul.
 I've had several complaints.
 So those are the two things.
 reports.
 to enforce the violation of penalty or violation of notice of violation.
 There's never been any design for that, but we'd like to see a reservation with that.
 they also require the survey to define the lines for subdivisions for the transfer of property and
 All right.
 And as vice chair, I'll take over, just get myself moving here.
 And you'll see that Neil Lightner has a patent attachment, which is an explanation of the history of this. Two neighbors on Huntington Road have tried to use the town's zoning bylaws to enforce a property
 I think it might be Jared Katz, and Jared Katz understands surveys pretty darn well.
 Construction
 I would say that we would have to use Chris Haggerty as a witness.
 Sounds good.
 So could this board revisit the issue after that? I recognize it's been going on for a while, right? So like after some number of months or years, kind of go.
 So what that includes is that includes reimbursing the big loan from many years ago, the prorated portion of it that was used to do preliminary design for the pouring contact time.
 I'm sorry, the amendment, I don't want the bleed over.
 in that we have here. How costly is the rest? Well that's the question. Now, originally we've been thinking that if we did it once we could kind of cookie cutter it and just more or less do global search and replace
 Not this year, probably two. Not this year. Two to three years from now. They haven't designed it.
 And a forestry plan has to be approved by the county forester.
 Keep it well run well maintained and they get this award
 That was the other gentleman who did the survey.
 At some point over the summer, I expect the full rewrite of the zoning regulations to come to the Select Board.
 Purchase goes through.
 There have been two different surveyors? Yes.
 Can I sign first? I have to, well, about 10 minutes. 10 minutes should be good.
 This surveyor says they put in pits, please show me where the pits are.
 But no, this is not the first time we've seen this.
 It's just that I think we have a responsibility to make sure it's a wild beech.
 And what's the estimated cost of doing that? Is that something we need to have? Well, the estimated cost of filing the letter will probably be in the neighborhood of $600 to $700.
 That's more like 20,000.
 We'll see you at the end of June.
 appears to be something like a large shed.
 Go right ahead.
 their final yeah
 I mean, I think we're all in support of high quality affordable housing.
 I'm going to go ahead and say hi.
 I know that three select board members toured the site.
 Okay.
 So I guess the short is that Patrick had
 We're going to go up to Montpelier and receive that award.
 you well.
 That's the standard under 40 foot tower.
 We can talk about that.
 and
 All in favor of approving the minutes of May 5th, 2014 for the Richmond Select Board, please say aye. Aye. Aye. Aye.
 once we roll into the next fiscal year.
 So the question for the select board would be...
 I was told I had 20 phone calls, 30 people stopped by and said, hey Jim, we went to the meeting, we see you, whatever.
 You couldn't put the pin where it needed to go because the stone was there.
 I don't want to be belaboring the points of a sledding hill and miss the forest for the trees here.
 I'd like to hear what the Conservation Commission of Richmond Land Trust feel about that.
 Opposed? Both purchase orders are approved.
 So when certain issues would come up, the tenants would call Wright-Preston and say, it's a landlord-tenant issue because it doesn't meet the state code for this to be habitable or whatever the terminology might be.
 Alright, so let's go on to the next
 Ever the ever entertaining police report. We did get a grant from our insurer, which is property and casualty insurance fund.
 So we need to follow up. Right, so the issue now is will we go to environmental court to seek penalties to enforce that notice of violation? Yes.
 If indeed it's ever allowed, it has to go through some massive changes.
 I'll advise defense viewers on what we'd like to see.
 but it's the opportunity.
 Yeah
 What do we do? It's just food for thought. You don't have to...
 But it's defending the principle and the right to effect the decision.
 You know, are they damaging things? Then there's the shed, which is the construction sugarhouse, either it's a sugarhouse or it's not.
 So are we done with this for tonight?
 And on the overall rate, I think we're looking at more like maybe 5 to 6 percent when all is said and done.
 Both of those are issues for the DOJ.
 Yes, last summer.
 you may have been frantic.
 But the kicker is we don't have that much money in our town center rent fund.
 I'm done.
 We have people saying to the power of a very different situation
 find the good side.
 except the challenge is that it's not actually on their property.
 But do you agree that some way of determining and defining the action may be wrong?
 We are also applying for matching funds from the community housing something or other.
 While we're doing that, why don't we move ahead to minutes.
 Right.
 All in favor?
 We could try to mediate
 I'm asking him in bronze for the award.
 But it just seems to me without being firmly declarative, where is the line? Yeah, we can't do anything without starting with the line. But isn't that the survey and DRB?
 won't happen until it's a ways away.
 of our preserves where there is not intended to be access to the parcels.
 Yeah, I'm
 basically a carbon copy of what we submitted period.
 So.
 Okay.
 So I just still had questions.
 Noise complaints and law enforcement shows up to see who's there, what they're doing, how old they are.
 All right.
 And then there was the depreciation, which I wasn't clear how that was managed.
 contemplated that they will lead up by the interstate.
 I need to
 and a health officer also.
 Okay.
 So you've already had objections by some of the neighbors about allowing a pass-through here.
 Right, which seems to be So before we move on from this the county forester Virginia counties keep Thompson according to the department of somebody State Department
 which frankly if I actually.
 The axes are still coming in.
 I'll bring it back.
 And I think that's a good point.
 What I'm going to do is I'm going to go ahead and get the
 Sure. What order would you like to do that? First, I think we should take the issue that we have to call it for, which is the boundary line between the Curleys and the O'Briens and Huntington Road.
 We have a lot of flowers, a lot of saffron preserve. It's part of the budget, the funds that we raise.
 I don't think the button survey has been recorded yet.
 He was where?
 I remember this conversation.
 Okay, great.
 And that has to go through first, Neil Lightner, and second, the DRB, and possibly third, to Environmental Court.
 It's always happened, but we never had a policy that specifically. Well, it fits any parameters.
 And I'm getting this from you, I haven't talked to.
 Thank you.
 But going through this, I've seen what we have to do, which is we have to develop our own pre-filed testimony, which may be similar, maybe not.
 And the needs of the community are really going to dictate where they go with that. Okay.
 strongly support the secondary emergency address from the school.
 I saw a person.
 They don't get a chance in other sports as well.
 We don't get in the way of the legal process.
 Okay.
 and also enforcing our rules. I mean, yes.
 So are we with the minority, the very small minority?
 I agree.
 Right now, the non-home step rate does effectively increase the number by 20%. My neighbor's from the west bank paid 25% of my bill as their base tax. I remember when I moved out of my owner-occupied house in Ferry City, and then I got the next time I wasn't there, I was like, it just happened. It's like, holy crap. Do you have any comments about the delinquency rate?
 Thank you.
 the fire gas coming from Canada.
 Initially, David and I offered to meet and see if we could understand the issue better.
 And we've been battling it for many years.
 Is that fair to say? That is fair to say.
 Yes, sorry.
 Does anybody have any comments or changes on the minutes of May 5th, 2014?
 because if you don't, Jeff says you're going to lose the chance where you're going to be fine.
 Because as we can tell in the timeline here is is the curlies are now disputing the shared property line.
 Decision is really the the same issue as with VTEL
 And that would reduce the burden on the town center rent fund.
 I'm sorry I don't know the answer.
 There is a theme across this wind power, you know.
 Let's make sure that it stays on the agenda as appropriate. Contingent upon action by the DRB and what happens next.
 For the
 I think he's the one that took the pictures.
 So I have, there are two purchase orders to the same company, but using two different funding lines.
 And then you go first.
 And while there is a fair amount of distance from the bottom of the hill to the paved road, thinking how a 12-year-old boy is being, any thoughts on what the engineering of that looks like? How likely is it that a kid on a sled in the right place he can get his shoes could get that far and avoid getting into the road? Well, we have potential users in the front seat.
 a way to really resolve it. Well, and that's why it's just kind of holding it as a, you know.
 Yes.
 So the Duncan Act is a conduit for contacting other officials and trying to resolve some issues.
 My only reason for wanting to push it out a little bit is to account for maybe changes to the design based on creamery parcel design.
 So how does that meet so so that when you rent? To somebody not related to you. They're supposed to have a separate space, I guess, unless you're subletting, which is probably different. So
 So, give a fat.
 16 yeah
 We thought it was the select board's authority to execute alone.
 It is on file in the town clerk's office in the vault and they're recognized by the DRB and
 Well, let's... Why do you think it's beyond the... Because we're...
 So that'll go.
 And so I'm sorry, without a cover page, do you want us to initial these? Well, what you do is you take a look, and if you agree, then you would make a motion to authorize signing of purchase order 2383
 Won't happen here for at least another two years.
 I think it's my metric.
 So I think we have a very high bar for what a significant issue is.
 Yeah, this is the thing that makes me crazy, but we can't
 Sugar house they need to show us evidence with
 there's any plans for my this I thought that the scope of this was limited only to the small or whatever building it is just
 I should have written down the date. It's in June.
 if we don't have proposals from the Cramer parcel by X date, late July, early August, to evaluate.
 Going.
 So it goes to our favor, and we don't owe it to the schools, we keep.
 Do you want to do public comment? Yeah, let me just get my act together here.
 So
 And then there's a second one, 2383 for a...
 So your road frontage, whether it's a three-wide road, a four-wide road, or the interstate, you still own to the center of the road.
 if we don't do first in, then we may lose the potential for the future.
 I'm going to suggest we adjourn and continue the discussions after adjournment.
 We don't have sufficient information at this point to make a determination about the long-term viability of this project.
 If nobody has a handy, I've got the... Do you see where I'm going? Depreciation is money that goes... If you're showing us a cost, then it's going somewhere.
 I have no problem with submitting a letter.
 Okay
 So the delinquency rate is only what's on the current tax year. And you don't really see that because they're not delinquent until the end of the year.
 The rain was certainly extraordinary last summer.
 We started building up $64,000 from the Conservation Reserve Fund.
 And we've also received an email from a middle school teacher who has ideas about how to use some of that land creatively.
 Time heals all wounds.
 Any comments or questions regarding SANE? Hearing none.
 And that's the boundary, that's what they think it is.
 And it may go nowhere.
 Ernie, would you like to? I don't have anything to present, but I'm happy to.
 So so they in addition to not meeting the current setbacks from from the the approved line For the fence there's this shed They got a denial of the source construction or the zoning construction permit. So
 delay so
 We'll take testimony from the applicant.
 regardless of what that change is.
 The focus is on the eyes.
 and then we'll have the hearing.
 Okay.
 And the benefits of the project, if in some instance we were not able to raise the funds to make it as slightly as we'd like, then it would be a concern. It's the impartial that would provide all the benefits to the school, including egress, expansion of the field.
 One is some sort of reservation for an area for water and sewer to go through because there's been a request from the REAPS that own the former barn and farmhouse that
 This is the pin that you say is no longer there anymore.
 I don't know if we'll collect that this year or whether that will be next year.
 Can we...
 We had a Watershed Consulting who came out last Friday to do some 3-year research on our permit.
 I mean, she could either upgrade it to this code and continue to rent it or not rent it.
 I don't know if they have a file planned.
 Well, I'm looking at the comments specific to this location.
 Sure.
 And believe me, I mean, you know where I was coming from originally on this. I don't want to spend money on a wild goose chase.
 Is he the county forester?
 I mean, they move through quite quickly.
 I have no problem with the Goldstein's surveys within a few inches of Chris's.
 I remember that.
 for triaxial trucking.
 Any thoughts?
 I was told off when we find $100 a day for not moving my shit 10 feet off the line where I didn't know where the line was because they moved the pits.
 That's in no way taking a stand on the appropriateness of any of these towers.
 Or so I thought.
 have to come up with some other
 There may be some.
 It should have been, it's right here.
 Okay
 There's a pending survey, which I understand has not been fully filed.
 The DRB now has to make a determination.
 I think that has been relatively mitigated.
 It wasn't that long ago.
 How is the acquisition and upkeep going to differ from other parcels that Richmond Land Trust currently owns? It brings to mind when Mr. Begans came in last year and had a complaint for, yeah I think it was about a year ago.
 additional signs have been made to assist the adjoining landowner where there's a fair amount of mountain bike activity on Brian Hill.
 But there's both an old survey and a pending survey.
 Okay.
 So, to date, we've spent $1,260 in attorney's fees, which includes court and sheriff's fees.
 So, you know, I remember looking somewhat closely at this and I had a couple of questions having to do with their, how the sort of present, the financial presentation worked.
 I don't think we have the
 just collecting what's due. Delinquent's really just...
 I said there are two principles.
 we want to do it post penalties.
 Let's move on.
 If it crosses a river or if it impacts a navigable river, it's considered stormwater.
 Because I'm so I feel like we have a year because didn't we just extend it for a year
 They do have, after depreciation, they show the loss. Yes. Yes.
 I agree with that.
 The Richmond Land Trust has plans to use two funding sources to purchase that, $64,000 from the Conservation Reserve Fund and the balance from a state grant, which they'll hear about later in June.
 What's the other issue? How else would somebody prevent somebody going from this land to the adjoining piece of land? I'm not sure what that question is.
 And in terms of the first two comments issues,
 does provide for a stop pattern so that you get more than halfway across before traffic starts coming at you.
 Yes.
 I'm not trying to be
 That's it.
 And so what's being suggested, which makes sense to me, is giving a try of getting people to come to a common point before going through all the rigmarole of going to court.
 I'm sorry, I'm not sure.
 Still no final date.
 Exactly.
 I don't know why.
 We don't want to charge that to next year's fiscal budget.
 I'll try.
 And the judge will make the determination.
 said that he didn't have the right to say that.
 I'll ask Ashley another time, but gentlemen, do you know your summer vacation plans if you have such at this point? Yes. Would you mind sharing them with me? And the reason I'm asking is, you know, besides idle curiosity, is just that I'm anticipating that we may have something of the interim zoning built that we might need to look at later in the summer.
 This will all go into the bigger, this all goes into the long.
 And finally, a bit of good news.
 They're so corporate minded, but I don't know.
 Well, it can be actually. They consented and that really is the issue we've got.
 Plus the plan to do it, I think is what Chris's big point is. I mean, if we pave it one way and then there's a proposal that slightly alters it, then we lose that opportunity. Right. So can we, because we're going to be getting bids probably in a couple months. The goal is to do it before winter, to do this before winter, correct?
 that depreciation is they're not actually taking it they're not
 our CPA is aware of it. It looks like we're going to be collecting more than we anticipated.
 Is that we can say oh well, it's just not an option
 Right, but you said that they've been issued an alleged notice of alleged violation or
 And usually it's every 10 years that there's a recommendation that the plan is renewed, the forestry plan, that comes to current use for approval.
 So if I could interject, if Chris Haggerty had surveyed it, he hasn't completed his paperwork yet, but his testimony could be he found all of the pins on the Robenstein survey, which it would likely be that. In which case his testimony would say that the Robenstein survey is accurate.
 and the fact that if there is no sledding hill there's not going to be a driveway.
 The property dispute line between the two buildings is supposed to be on there today.
 zoning doesn't make people agree where the property boundary is.
 Any discussion on either purchase order? All right.
 And just for the benefit of the public, there's been no movement on Cochran Road that I've been made aware of. So there's nothing to report.
 But one person's aesthetics is another person's whatever. I'm frankly tired of spending money on this.
 So perhaps it is prudent to see if folks other than us who have a lot of work to do in regular meetings to work this out, to come to some kind of conclusion, because I think we're all not comfortable with a 15-year deferred or indefinitely deferred program.
 I am.
 Chris Haggerty had not yet completed his survey.
 And there's another piece of the puzzle.
 Are we just putting up the inevitable? I mean, this is what we do.
 Any discussion? All right.
 that it doesn't resolve in a.
 There is some surplus space there, although I'm not sure how much space there really is for a tennis court
 So I would like, and I do not believe that those are unfair questions.
 land is typically open to the public and oftentimes boundaries are known.
 the other side of the room.
 I thought we kind of dealt with this. Thank you.
 The we had two claims for federal highway, which is a change from prior years last during Irene. All the highway damage was covered under FEMA.
 On the 16th for the retail one, we actually
 the
 She's chosen the latter.
 at least that's the conversations we've had with the Housing and Conservation Board, that that access, the logical access is up against the interstate fence. Which seems, having marked the site, makes a ton of sense, at least for water and for the road, the sewage or septic seems less clear in terms of slope, which direction things flow.
 And then also cross this property to do that.
 He did that. When we went there, she said, no, I refuse to sign it.
 And many law enforcement agencies responded to that.
 is the question of parties or quality of life issues. I think the only way to deal with those is in the moment.
 Any other questions on the financial documents? I don't think so. It would be great if you could
 The library doesn't complain.
 Okay, good.
 You have him on speed dial? Urban Trade and Forestry Council.
 principle of ourselves.
 I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean, I mean,
 It's a good thing to get used to doing.
 The accountant makes those adjustments, but you have to have a cutoff date.
 and they pulled up the panels.
 So
 That's it.
 It's just that they're not grinding anything. It's just an overlay. The larger work, which will be similar to what they're doing in Waterbury now, are going to be doing in Bolton this summer.
 I can get the name. I can talk.
 You get a hearing, but you don't get a change.
 Hearing if I want to you mean on the AT&T Jericho road?
 I think it's not worth an attempt by the fence viewer to at least address the issue.
 to Newton Trucking in the amount of $11,000.
 We can defend that position in front of the TRB because Denise is a field NOB. I can see it going to environmental court and it may very well do that.
 Wonderful.
 And the Survey of Record is the most recent survey.
 And we didn't feel like the Water and Sewer Commission had the authority to do that.
 Sometimes, sometimes not.
 So somebody want to move?
 So the benefit is if we hold this and it's a hold, it's not a commitment, it's more
 Maybe they tied.
 It's unfortunate, but it's almost to the point where it's beyond our ability to make any headway at all.
 you list the numbers? Yeah. $2383 is... $2385 for $13,000 for prior to dump trucking to move the gravel.
 Proposals for the creamer.
 It's a way for them to show that they're not in the red.
 it looks like more people are paying the non-omstead rate than what the tax rate predicted.
 It's not a sugar house, they need a permit.
 thinking that that's all that this had this
 It's the 4th Monday in June. The snipe Ireland broke the bridge on route to over.
 So I'm going to make a motion that we authorize the use of $64,000 from the Conservation Reserve Fund to be granted to the Richmond Land Trust for the purpose of acquiring and conserving 22 acres of the former Willis farm on route to enrichment.
 Okay, let's get going here.
 I would like to see if this does go through that both of those asked for are reserved without cost to the reefs and also without cost to the school or the town or
 And what I'm saying is, is we may find out after the 16th that we don't have to worry about that because we're not going to get anywhere.
 Jackie, were you waiting for something specific? I'm sorry, you were being so patient.
 So when you collect delinquent taxes, it doesn't have anything to do with the delinquency rate.
 The town doesn't have any direct evidence of that.
 as it was presented to us back when we approved the use of the initial funds. So I think we do need that additional input.
 That's why I'm here
 So I think the only thing we have left is to do a rebuttal to what they filed with their application.
 less convinced we do.
 focus of this letter is we want to enforce our zoning. And if our zoning process gets high-boshed yet again, what's the point of spending money fighting more and more fights about losing data?
 I'm not sure.
 So when you push the walk signal, everybody stops and it does feel subjectively different to me.
 So they're appealing it to the DRD.
 is I think we're going to get some of the members of the interim zoning committee together to help Claire Rock write the staff report.
 through a maple tree to the edge of a rope.
 All right.
 So is it worth the effort to mediate?
 Wanted it to not be in a like we really kind of what we wanted compliance one way or the other. I mean
 They're also, they have a logging operation.
 So we'll have an outstanding receivable on that, I think.
 We'll factor that in.
 But Patrick had told us that because it was a logging operation, that it's not under stormwater, it's under the state.
 think for all the purposes of conservation funds that is not feasible project widespread community support project
 That they get municipal water and sewer. That's really been in development.
 One of the things that whether it is this road or this parking road, you own to the middle of the road.
 Oh.
 And if it's approved, then Chris signs it.
 I haven't really thought this through.
 You guys have pictures of them, I don't know if you have them there or not.
 It was within a couple of inches.
 Oh, what about the fence being on my property? I was told, I was at the meeting, but people come back and told me that they said that you guys can fine me $100 a day for having a fence on my property that didn't have a permit.
 At this point, if you look at Jeff's memo, we're spending close to $8,000 just on the VTOL one.
 I'm sorry? Snyder. Snyder? Forrester.
 I've been assured that by several people, including Representative Anne O'Brien.
 Yeah.
 I could appreciate that.
 So that survey we consider as the most recent survey, the formal survey, the definitive survey, right? Recency of surveys is present.
 So it's the.
 Obviously, we can't control deep in the woods.
 Well, essentially the policy.
 So 2016.
 That is all we do. We have an old plan to free the parking lot with gold.
 And the more we learn about the public service boards unwillingness and frankly refusal to honor local governments opinions and not even hear like they're like, we don't even want to hear anything that has to do with zoning because we've already made a determination on that.
 It needs more than what we can do in a half an hour once a month.
 do we have the means of effecting a change?
 not convinced why that can't happen.
 Some of the neighbors have talked to me and said that the logging operation has altered drainage patterns and led to erosion during last year's rainstorms.
 So it's hard to show you what the delinquency rate is until it's closed. So when you're collecting delinquent taxes, you're not affecting your delinquency rate.
 And just to cover everything, again, it's the principle.
 The DRB has to make a decision as to whether on what side of the line it is.
 You can't just issue $100 a day.
 So the DRB could find on the basis of those surveys?
 In my memory, there was some substantial work up there to bring, can I say, the softball field closer to the standard of the baseball field in town. It was within my kid's career.
 And then second, please.
 I think we have, am I correct, signs have been made for the back of the parcel of various questioning to be installed?
 So I get the signage in up here.
 And I think that's a good question.
 They plan to preserve the parcel, use it for recreational purposes.
 months.
 Be fair.
 And we actually went to court and that's why we're back here.
 Okay.
 I'm not sure.
 I think we're all kind of in the same general direction.
 So
 It looks like it's going to be the week of June 16th.
 that is the final determination of where the property line actually is.
 Okay, now, we need you to adjourn. We have no executive session.
 Correct.
 support both of those constraints.
 That was a good point.
 At the time when we were discussing the $100-a-day fine for Mr. O'Brien,
 That may have to be handled in special meetings.
 It's complicated, you know, and there are things that we don't know about that they have to consider. Probably different contractors.
 They're arrogant and they don't care what we do
 Well, I think.
 I've got a clip that goes with it.
 It sounds like we're still.
 This is so that we can seek reimbursement against expenses that have already been incurred and expenses that have already been approved by the state.
 Like I said, Chris went and talked to him and tried to explain it to him, but he didn't
 to go to fiscal year 14.
 That'll at least possibly set.
 prior to diving into the agenda. Anybody? Yes, sir.
 It's really gone back and forth as to who did what without a permit, who needed a permit, where the property line is. We can't get any agreement.
 All right.
 The question is where on the ground is the line? That's really what's being disputed.
 I think. But even still, I mean, this is that it's it's not the it's not the purpose of the property is to be a sledding hill. The purpose of the property is to conserve it.
 and we're going to go forward on ours, on our timeline period.
 A notice of violation for constructing a structure without a zoning plan.
 and a forestry plan is brought to the county forester when that plan is approved.
 Well, not the whole amount, but I mean some kind of...
 So that means
 I don't have the final answer on it.
 So it's basically, I would close it. Okay, what's it like? Do you want to vote on this?
 $84,157.
 So we didn't really have a lot to go on.
 which Denise Carley claims that Mr. O'Brien had signed a document agreeing that the line is where she says it is.
 do. He can't just say here you go change.
 Toast, kids, you know this.
 All right.
 One of the concerns I've heard from folks outside the room was, is the money going, it might not be a bad thing, but what revenue is coming out of this project going to another part of Chittenden County, which is not a bad thing for Chittenden County, but may not be particularly helpful for Richmond.
 then they're actually removed if there's no, if it's not.
 The problem is is that this we've gone through this before yeah
 RVHLP loan deferral.
 Why don't why don't we move on? I just have an update on mobs
 Again, the big over expenditures are with the Some of the town administration line items for professional services and legal Highway has some high expenses.
 Right. Well, in that case, let's say this worked out much better than we can possibly expect right now.
 The Johnson Court ball field has been a ball field for over 100 years.
 So what's going to be different with the acquisition of upkeep from this parcel that's in a highly visible location from the lack of maintenance and upkeep on areas where they can't be seen as easily?
 Some of it is up to the neighbor, whoever the neighbor might be.
 to resolve the issue. The, okay, let me make sure I've got this sequence here.
 Yeah.
 should look at it more closely.
 Well, I know people have fallen.
 So the issue was, are you going to file this and get this legal or not? Neil spoke to her, offered to fill out the paperwork, come have her sign it.
 There was a party up there last summer where it was alleged that somebody had shunned a laser at an aircraft.
 maintenance of the actual site, who's going to do the lawn mowing and snow plowing? Who's going to pay for that? Well, and even if I can build on that a little bit, to make that site into a sledding hill will require the removal of a fair amount of trees and brush, I would say.
 And the second thing was you've got an email from Fran Thomas that explains the issue for a long time.
 And the other issue is they put a fence up without a permit. Yeah.
 I'm not sure.
 All right, so
 And we're saying that the cutoff date's going to be the end of August.
 Robustine clearly marked out the line, which I was there when Robustine did the survey,
 But this is where things get sticky because Jeff, I believe you said there was one person who objected to it?
 I'm just wondering about the timing of this because there's been some discussion with the development of the primary parcel of having an access to the parking lot here.
 $2,500 for VTL and $600 for Jericho.
 Because aren't they...
 I'll sign them as soon as I'm done signing this thing.
 without our chairman tonight.
 But revisiting this.
 I think that we can approve the request if the board wanted to approve the request subject to negotiating some sort of reservation for both of those items.
 and the fall back is always the need to bounce description in the deep.
 And third, I'm going to hazard a guess, it's not Mr. or Mrs. Harrington, but the younger Harringtons that we think are responsible for this. Just guessing.
 I think the only department report again is the police report.
 All right, any discussion? All in favor? Aye. Opposed?
 But the reality is that a lot of entities won't actually have cash on hand equal to depreciation.
 Do you think it's going to be a problem on a regular basis?
 could award in August, similar to Depot Street, and do it on the same timeline.
 I
 Now, whether we act on that or not is another question, but do we even have a route to remediation? And the short-term answer is, yeah, we do.
 this night problem in Brooke is due to be replaced.
 I'm also wondering if this gentleman knows, was it current use that you were talking about? Not stormwater, but current use, because current use does talk about forestry plants.
 This is just being prepared, we don't know.
 $24,157.
 So the next steps are the DRV, and do we know the time frame for that? She did get the appeal in time for the June DRV meeting. Neil sets a schedule there, so he should have scheduled it for June.
 Exactly.
 that are going in front of the DRP or not.
 One is 13 and one is 11 pounds.
 It would be nice if we could figure out how the hearing goes before we made a decision, but it sounds like we can't.
 I'm thinking four or five hours.
 Yeah
 Okay, you have quite a bit of signing.
 a professional surveyor has surveyed the property.
 At one level, if it's unsuccessful, the other process and timeline continues regardless, right?
 Yes.
 I think it's a deservedly high line.
 Again, you'll have to go through the same procedure.
 speak to adjoining landowners or the school, of course.
 were they prepared to come up and present on the project? I know Ernie's here.
 All right, moving right along, outstanding zoning issues update.
 Taylor's not here.
 So this needs, we need to resolve this this summer.
 But I think there was broad consensus that there was a commitment made to the town at the time that we agreed to enter into this arrangement and that this was a grant that was to be used and used again in order to maximize the amount of high quality affordable housing that was available to town residents.
 That's not 90,000, I'm sorry.
 And we've had somebody look at that, but the bargaining has certainly been much less than it's been in the past. Hopefully it continues to get the state.
 was unpermitted. We've researched it.
 Well, for the A&T one, there's no reason that we couldn't go in and say, no problem.
 I walk on the weekend, I come back and I don't know what to expect to find if they're 10 or 30 feet off my property next time around.
 Oh
 I just want to thank everyone.
 and one abstention and they are approved.
 And this policy basically says between July 1st and August 31st, you're allowed to charge prior year expenses to the prior year account, and then it'll be closed.
 I think one person at the hearing objected to it.
 could reimburse later.
 I think that the consultant that came out on Friday, he thinks that some of the culverts and ditches that were put in around the logging road are redirecting the water and they probably need to be improved, but probably not the single source of all of the damage that we had last year. That was when we had some heavy rains last year.
 This week is EMS week on Thursday.
 The basic issue of the superseding of our local zoning is sort of the core bug in our ear.
 It's run by VLCT. That's for 50% of the cost of replacement flotation devices at the water treatment plant and some other safety gear.
 I think as a principle, they have to either address it, take it down, or go through the process, right? It's got to apply consistently.
 Oh yeah.
 And that apartment through the health code has to meet certain minimum qualifications to be accepted as an apartment. And this unit does not, yet it was being rented as an apartment.
 Thank you.
 Bye.
 The stone was three pieces of slate it looked like. Whoever did it took some time. The section in there, the center one had a point that came off.
 That's true.
 Any questions from the slide board? No, I think that's, personally, I think those are reasonable requests.
 And the DRB meeting is? It'll be, I think,
 The first violation happened in 2011 and then Ms. Mobs wasn't there.
 through our zoning process and... Or even, yeah, whatever.
 So if we take these one at a time, one is the logging and condition to the land, which
 So
 It's not going to be 20%.
 or a potential commitment for a future.
 So I hope that those things can be based on this question.
 So we need more land for facilities.
 I personally question whether it's within their ability to get it done, but we're going to try. We'll do our best.
 not paying that until their due date right? We're not paying it in the town until they have made their other deadlines.
 Thank you.
 and we envision that would be done at no cost. For the component that leads to land trust,
 I'm not I'm not.
 The question is, how far does the town get involved in that? Because our attorney is going to be prosecuting or defending the appeal.
 But I think that's a good point.
 Fran.
 So obviously that's a solution. Doing that adds an additional $100,000 to the cost of just paving it.
 And these are going to be decided in 60 days.
 The original violation was also for debris in the yard.
 I'm just, I'm...
 and then we take the next.
 Okay, great.
 What else we have coming up that's timely? Anything we want to just note before we depart?
 DRB is going after him.
 have science in place.
 And I'm not.
 Exactly.
 So moved. Second. Discussion?
 discussion. All right, all in favor?
 I'm not a lawyer.
 the two easements that will potentially be on this property for water and sewer and the road at some future date.
 I know
 So that is an extremely minor issue compared to really what the big problem is.
 There's the modest valuation of the pieces of property with something like $62,000 per unit, which I don't know how the formula works, how that's set up, but that seemed like modest contribution to tax rolls.
 You did just great, that was fine.
 I am very strongly in support of affordable high quality housing.
 One comment that I've heard is a question about safety.
 So
 I need Ashley to sign these items from prior meetings.
 Yeah, I don't know.
 So should we handle these one at a time, Jeff? I think so.
 So I'm not comfortable.
 We are still trying to reconcile the final taxes.
 bid spec ready and ready to go to bid.
 So but but probably the appropriate thing as far as that goes is to refer the parties of concern and about the drainage to the appropriate state agency because that's not in our jurisdiction.
 But we still have the ability to make a decision on that, too.
 It's probably forested parks.
 I would like a motion for an additional $2500 on detail and for $600 on.
 If we filed one for this one, it would probably be a cookie cutter of the substantial issue letter.
 They'll talk about the design options and traffic flow and what they need to do and what the community's needs are because they could either shut down the road and detour down Cochran Road or they could do a temporary bridge.
 Okay.
 And that's where the line of appeal goes.
 Chris Haggerty found a line that he says agrees with Robenstein's survey from 2003.
 If the defense is on your property, you don't have to be on the property.
 Where was the cover?
 Is this at the effect of moving?
 But on the Jericho Road one, separate from the Vittel and the Cochran Road, which we haven't made a decision on the Cochran Road and the Williams Hill Road, is that we don't have the objection to it. So what is the, why are we objecting to it? Why are we bringing up a concern when we have, and not to dismiss the one gentleman who made the point, but the overwhelming majority of people is saying that they're in support of it.
 And if the contractor wants to do something, then it's on their dollar.
 Let's go.
 Thank you.
 Meeting after that.
 Okay.
 I think we do need to move on because I think there's not a lot. I think that, would you please contact the defense viewer and, and.
 Yeah, that's important.
 to make a difference.
 There aren't enough ball fields or on our new soccer fields or you know somebody wants to play lacrosse they
 Well now the fence down my property has been there for months.
 They applied for a zoning and construction permit because one of their structures is on the opposite side of that or runs through it. Not just the fence, but a front porch setback. And the DRB or somebody did not.
 Aye.
 fairly large enough group to approve these.
 No, they haven't.
 The asphalt has been laid directly over the original ground and it heaves in the winter or in the spring actually and breaks apart and creates dangerous safety conditions.
 I don't think we're going to get anywhere. But I don't know until we go through that that we know that everything is quite as moot as we're assuming that it is here.
 I don't think we should spend a lot of money, but do you think that if we fight back a little bit, the public service board will notice? You know, they're noticing Middlebury and Cornwall and Shoreham and Moncton, and maybe they don't care.
 I have a house up to 10 feet off of my property.
 Why is it? Well, he's using equipment rental and gravel plant. Oh.
 you.
 But this could be many months from now if all of that comes to pass.
 But you haven't received a notice of violation for the...
 Well, so here's the actual question who is responsible overseeing responsible logging in the state of
 So it's our legislators that we can now blame. Well, the state has reaffirmed its stance that the state should be in charge of issuing certificates of public good for these projects, not the towns.
 It minimizes our zoning regulations and takes the control away from the municipality and gives it to the public service board, which is an entity of the state.
 But the taxpayers generally would be paying for the upkeep of the parking lot at that point.
 did have a bathroom.
 I don't have a lot to add.
 Well because of the turbulence of the activated sludge operation, you could sink.
 our involvement is zoning.
 That was my not for starting or stopping.
 There is quite a long run out from the answer to the hill to the group two with a slight upgrade at the end. I think that's a good outcome for anybody who's pushing that.
 It's
 So can we put a timeline on this and say, I'm just throwing out an idea, that if by late July we don't have any proposals, then we go forward with this.
 actually expensing it.
 This you came to my attention last summer for a couple of reasons, but Mainly the Herrington's own property at the top of Wolf Lane. The Herrington's live on Wortham Lane.
 There's an issue with the homestead rebate.
 they would likely qualify for.
 and the town is focused in on one piece.
 So I guess the question I still have is if that second survey hasn't been recorded, is it... It's not invalid. It's still an official survey.
 Thank you.
 I don't think so.
 really only put the town environmental court over the violation, but the issue will still be the same in front of the judge.
 for the same purpose.
 It's a reasonable suggestion.
 can.
 Are you planning on missing any select board meetings in July and August is what I'm getting at.
 It's a loan that we need to execute.
 So I think, in my wisdom, I would say they should replace this bridge at the same time they do the major work on Route 2 if they're going to shut it down.
 It should be noted that that 248A process was set to expire at the end of this June, and the legislature voted to renew it.
 and the substantial.
 That's something we object to in the way that the state has chosen to proceed.
 He wrote it in the original way I trust.
 There's a much longer, it's probably twice as long, which is not terribly significant, but seven or eight seconds as opposed to three seconds.
 take comments.
 They don't know where it is.
 Yeah.
 probably going to be the 18th.
 We do have a deadline this week to request a hearing and raise a substantial issue on this tower.
 Exactly
 It's also bullying towns in Madison County.
 I want you to have to leave if you were.
 But let me ask a question. I mean, this is in the news right now, not around here, but in Washington state.
 I'm not convinced seeing the numbers that they gave for administrative fees, salaries, expenses.
 before depreciation they'd show up they'd show up
 If they have issued a decision, yes.
 I would just remind folks that there were folks in our last meeting, including representatives from schools, who
 So it's in the first little bit there. It's that item 1B. And I apologize for the sunlight.
 Yeah.
 regulations.
 It's a negotiating point that could be used with whatever developer finally picks up the project.
 CGT
 So the dispute is really a refusal to acknowledge what had been surveyed last year.
 It's something we've been doing anyway.
 If you look at their survey, at the back of the survey, they specifically said the stone, they dug that up and threw that off to the side.
 They go home and do their own surveys.
 Fortunately it will reset the date so instead of 2015
 We defined you for their fencing on your car. I remember that. It was what? A shed. It wasn't the fence at that time.
 You're saying it volunteers to the morning with no we do it we maintain all of our parcels
 But that has to cross school property to do that.
 While I'm waiting for the agenda to come up, I'd like to start with a...
 I'm just going to remove the cabinets and it will no longer be rented. So that's where we stand.
 That won't be final, final until the end of next month, but it looks like the collections are going to be higher than what we thought from last year.
 Very large property and there has been some clearing up there and a little other work done but
 Otherwise, I think operationally speaking, the town's doing very well.
 I think the concern is we wouldn't do the project if it looked like there was going to be a proposal to alter the traffic pattern here.
 We can get into this now after some discussions. The town would like to see two things on that property.
 And so the next step would be the environmental court.
 It might mean a redesign or a conversation about what we can do there.
 about a year and a half ago, a complaint about trespass on his property from folks who were using the path and just trespassing on his land.
 the beneficiaries of that mountain biking and sometimes it's fine and sometimes it's not fine.
 Some of the facts that they presented were low occupancy, but it's currently 100%. That they previously had high heating costs due to fuel oil, which has now been moved since November due to gas.
 So when we talk about the delinquency rate, it's how the percentage I've collected for the current year.
 there's the aesthetics, the neighbors, the sort of citizen's opinion.
 I came up with the same thing as Robenstein and here's pictures showing where the stakes are showing it on the ground, right? Okay
 So the point is to make sure that this actually is no longer rented.
 I do not have an update.
 All right, moving right along, town center parking lot paving.
 I got, um...
 We also are uncomfortable with putting an affordable housing company, for lack of a better term, in jeopardy.
 But it's such a good amount of time.
 Anybody have anything else pertinent? Have we heard anything about the new signal? I've actually
 If it didn't go their way, they have that option.
 It says invoices paid after July 1st with dates prior to July 1st will continue to be entered utilizing the last year invoice procedure until the second pay period in August, or when a trial balance is given to the auditors.
 Yeah
 Insider.
 Okay, well let's walk through.
 But that's kind of what this is all about.
 We have that in email and we're getting writing, also their agreement that Eastman Survivor Way is being preserved for water, sewer, and emergency egress.
 I haven't heard anything from any residents, although I'm sure people have appreciated it.
 Okay, and then as things if when we get action on the creamery parcel, yeah
 put that cell tower in this location.
 And then after the 16th, hopefully, it'll be very clear what we need to do.
 I've talked to Fran and I've heard from Fran.
 All right, so let's move on to cell tower update.
 get about $11,000 a month.
 and everything was fine for a while.
 Because what we did is… Thanks to you for looking at that too. These guys have well-paid lawyers, well-paid lobbyists, well-paid CPAs, and they can put these figures together and put it right back in our lap saying, these are our numbers showing you that this won't work.
 Okay.
 And we're at the cusp of imposing penalties on
 And so you can call the county forester and they can come up and see what's see.
 I'm thinking of the school area right now, actually, in the back, the middle school, elementary school.
 All right, let's move along. And thank you for bringing the materials and everything.
 So what you're saying is that the project should and does stand on its own merits as a conservation project.
 Jeff, you want to set us up there? Sure. At the last meeting we heard a presentation from the Richmond Land Trust and the Conservation Commission about the purchase of about 22 acres of land which is just to the east of the farm barn in the old house, which we're calling the Willis Farm property. It's part of that old farm that's been subdivided.
 How long ago was that noticed, do you know? A few months ago. I don't have the original date on that.
 I have no idea.
 He don't hold. He let it all.
 Did they have a fund? Did they have a capital fund that they were putting that depreciation money into?
 So that's how we got involved, which is if you're going to have an apartment, you have to get a permit.
 I don't think so because Connie's looked into it.
 Sorry, I'm just didn't quite have the agenda up in front of me.
 And it's really gotten to the point where we can't make any determinations. And I think our zoning officer is stymied. He was stymied all last year. And we tried to get tough and say, bring people in, but it just is not cleared up.
 in favor of approving purchase order 2383 and purchase order 2385, please say aye.
 If you look at the survey of the ROWS team, it specifically says the stone in the back. You put a pin next to it.
 We are adjourned.
 everything's copacetic, I assume? There's a 50 cent error on one item which I corrected and mentioned it to Jeff. I'll have Connie correct that tomorrow and she'll print the checks. Okay, good to catch.
 we deferred in our Water and Sewer Commission meeting to the Select Board to do it.
 about the scupinator circuit.
 There you go.
 What what he did to survey the law
 But he's really going to be done with his pain.
 Richmond rescue
 Well, they're noticing and we do have the, just like they've had those hearings in Addison County.
 whatever got us in the door before.
 And she had wanted to speak at the June 2nd meeting.
 Yeah, they're...
 boundaries are not clearly defined. And certainly in forest land by state law people
 Thank you very much.
 We don't know what the outcome of that will be, but let's say that nothing, that
 Not to me either.
 And it's a very, very important thing.
 Might have been a couple of other things there. I think there was it was it was up upgrade to the minimum requirements for a rentable apartment apartment. And get the permit to do it or to stop running it and shut it down.
 For them, it means a 15-year deferral at a minimum and nothing less.
 This time they split it out, we had to apply to Federal Highway for aid for $90,000 of damages.
 Prevail.
 So as amended, all in favor, please.
 reason.
 So, all right
 I think it means some envoys with some continued work.
 Are we just putting it into...
 But I think what, this has been a very confusing process for everybody involved, and what I'm hoping, if we can get a new face in, give them a full understanding of what the process to come is going to be, and give them the charge of communicating that to both parties, so that they know what's going to happen next.
 All in favor? Aye. Aye.
 Okay, so but to Bart's point, which I think is a relevant one, can we have... I remember that from last year. Just a second, can we suspend the $100 a day fine on the shed in question, just to make everything... Well, that was already... So this isn't... We have not imposed... Okay. No, right, because he... We have a lot of those conversations. We have... So to comply with the original NOV... So nobody's being charged fines right now? Correct. So the issue is still...
 and it's likely to be more dense.
 Because that
 if people are in support of it.
 Yeah, I keep it clean.
 Okay.
 The next step, it sounds like the next step here is to allow this to go to DRB and for DRB to act and
 So are we all set here? Don't pinch yourself.
 Yeah.
 Oh, that's different.
 And that might remove the need to go to environmental court.
 sense to me.
 surveys, marked up the lines there before.
 So the town is sort of forced to try to identify zoning violations and go after somebody and issue fines.
 I think our plan for the improvement of the parcel or the parcel is to do so
 Again, there's nothing concrete.
 All right, let's move on.
 So we know more, we have more information.
 There's nothing in our bylaws that would prohibit that.
 So if you show the depreciation as a cost, then where's the money? It's an accounting term.
 It's not regulated by the town.
 the post office postmaster does talk to me regularly about the condition of the parking lot.
 I went in for fresh donuts and a sandwich after meeting with Ashley on Saturday.
 The loan amount is for...
 That's also the way of the whole body.
 we could.
 level of public opposition to something do we need to see before we take action, spend town money, etc, etc.
 Want like a real tight limit on the chair?
 for AT&T and send it in again, but I don't think so.
 We've got several options, we're holding a meeting.
 Probably the logging too. Knowing one of the younger Harrington's. I think the logging might be the younger Harrington.
 Then the broader question beyond the displaced.
 And it was a big uproar that made the news and so forth.
 I work with water systems and I see them listing depreciation as an expense and they're actually funding it. I'm cheering because that means they're actually putting some little amount of money into cap into reserve funds.
 I was invited, but I also couldn't make it.
 meeting in July for authorization to issue the bid.
 of your policy on prior year charges.
 Let's call the meeting to order
 I will say that this afternoon, Denise Curley came in and filed an appeal of the notice of violation to the DRB.
 And the Robelard? Robenstein. Robenstein survey will be as a reference point.
 Okay.
 There's no permit to put it up. It shouldn't be there.
 kitchens but
 all the relevant issues here tonight?
 The owner says it's a sugar house, but won't produce the state paperwork saying it's an AAP exempt structure.
 All opposed?
 the property look like. We arrange site visits.
 I don't know what happened on the ground.
 I will contact defense viewers if the select board wants, but you're not going to mediate a property line. No, that's... It really is sort of a due diligence.
 We've worked hard to improve their operation, get things straightened out.
 That's the two minor amendments to the floodplain regulations.
 We seek to have the parcels well signed.
 I think you reserve the right to withdraw that at a later time.
 Even though it's essentially the same letter that's already been drafted. Well, I'm asking for the attorney.
 Thanks for coming.
 It was really, and evidently you couldn't maintain a habitable temperature in the unit in the middle of the winter.
 It is.
 I think that we're getting stuck on minor details.
 Yeah, the cost of some of those is unclear.
 This is in case somebody falls into the waste water.
 the only consideration would be if somebody, if a developer, and there may be myriad options, and one of them includes it and six of them don't,
 It's better than yesterday. Well, I mean, this is the thing is when I added the delinquent tax amount into the collections and then compared that to budget, it's 20%. I mean, that's assuming that we do recoup a significant amount of delinquent tax, which is higher than expected also.
 But if you
 Or even if they're still looking into it, just a status report, it's either a decision or status. Recognizing that people are frustrated that this has been going on for a while.
 We heard this at the March meeting with AT&T.
 So would it just be over the winter it would go back into his fund? Is that how it would happen?
 It is part of the stormwater permit that upper lock, but it doesn't fall under the jurisdiction of stormwater because of the operation.
 Right.
 And in this case, are you going to impose fines of $100 a day for not complying with the notice of violation? Since it's been appealed, that's moot at this point. And it could go on for quite some time if
 I know that, and that should move your chair 10 feet off the wall.
 There has to be some process for resolving this.
 It's not guaranteed.
 Is that right? It's actually to purchase orders for the same issue, which is Triaxial dump trucking to move the gravel plan forward, but it's under two different lines.
 The bill doesn't come in until the end of July.
 Sorry, I wasn't paying attention.
 So both Pete Goslin and Mike Wiesel tell me the only way to correct that is to excavate a foot of material out of there, replace it with a good bed of road gravel, compact it, and then pave over top of that.
 But now that this is starting to get more and more expensive, I'm feeling like we're fighting a losing battle. And there's no hope in sight because the legislature didn't make any changes to the act, to the statute.
 So if that falls through then essentially the deal falls through. They don't get any money in until they're ready to go to the post office.
 I was not here for this one and Taylor is not here.
 That's where you have to start.
 I'm smirking at the irony of the situation.
 I mean, I don't really see any other.
 So at our Water and Sewer Commission meeting, we have this loan for the final design of the chlorine contact time.
 Okay.
 upkeep is
 just not the opportunity.
 Do you have adequate guidance from us about what needs to happen there, do you think?
 youth sports for the schools.
 should be more apparent than this.
 So we have until next March, January, next January to do this.
 I'm sorry, we've been through this before.
 And, okay.
 I mean it is what it is.
 I think this still needs to be cleaned up a little bit.
 I think that's improved a lot over the past year.
 which is disturbances at the top of the hill.
 Can we ask June and Fran and maybe there are others who are interested?
 So if we were going to impose, if she doesn't do what she said she's going to do within two weeks, we can start imposing fines.
 you
 subject to an agreement to do so.
 I think those are the only ones that made it.
 the line on the ground.
 So that's my only sort of caution. I'm a fan of tennis, but I don't want to do it to sacrifice the interest of softball to the degree of field success.
 Taylor called me today to say he might not be able to make this one.
 The zoning issue that we discussed earlier.
 parking
 Okay, and have they both come up with the same result? Within a few inches.
 it.
 I said I had a bold plan to pave the parking lot with gold. Yes, I was
 Maybe other, I don't know if compromises, but other things that might be negotiated, what else could they as an organization do for the country?
 I think we had a couple more problems.
 And the principal here is our local zoning, but I'm with you, you know, I'm really reluctant to spend 6,000 hours on a game that we've already lost.
 So you're willing to request intervention status and raise a significant issue of our zoning similar to Pete's? And that's as far as we will go pending further information from the other process.
 The town's involvement in this issue is zoning based.
 The problem is, even though...
 I was told that I was going to be fine 100 hours a day when my shed was 10 feet out of the line.
 Oh yeah. I saw that front support. Oh I saw that too.
 So that's a little bit there.
 discussion. All in favor of I think we just are talking about approving $3,100 combined for the purposes of pursuing
 We have to rebut their arguments.
 And we'll be updating more on this, but you'll see they've made several announcements. A lot of interested people that are concerned about Route 2 traffic flow come to that meeting.
 say we could maybe hold off one more year. Can we patch it up and hold off a year? We can patch it up.
 Let's be honest, is a tax credit given to them by the government.
 sent me an email and he was like we're meeting and I told him I couldn't go unfortunately, but I'll plan for the next time.
 That's where I was going.
 Is that going to drive up the cost of the project if we do the paving then? No, I don't think it's going to be much of a difference.
 My fingers are already bleeding.
 So at this point, if we are serious about enforcing the notice of violation, I'll decide to ask for a vote to enforce the penalties. And I'll talk to Mark Spearhead.
 And if it's a four-rod rode, it puts it back, I think, 12 feet, and it pulls the pin right out of the end of my driveway.
 I didn't circulate.
 Thank you.
 Thank you.
 They intend to rebut some of the things we've said. When we have the hearing, it'll essentially be like a trial. There'll be witnesses, and we'll be examined and cross-examined.
 I'm frustrated by this
 So to redo the town center parking lot, which serves town center, Chittenden East School District, the post office, and the library, it's going to be about $180,000.
 I think we have to acknowledge that we have not been completely unsuccessful and that we at least have standing at the upcoming VTAL hearing.
 And they've been working on trying to put together a plan for a tennis court.
 They need to be fined $100 a day or take the fast tax.
 The zoning and construction permit was denied because they don't meet the setback requirements from the from the. Okay.
 me say I'm not a
 Yeah.
 minutes of May 5th, 2014.
 But we still let it go to DRB.
 Of course, friendly amendment or addition to my motion with reserve the right of right of ways for water and sewer and an egress from the school through the property.
 I'll now ask questions from the board, from the public, and Ms. Hall.
 without asking.
 And the larger issue is really we have in the general area, not just Richmond, but Huntington, Bolton, Richmond, maybe not Heinsberg, I don't know, but everything in Jericho is full.
 So that's, but that's, I see where you're going with this.
 is a tough area to potentially have in an egress, although it could turn into another green state where people are trying to afford a light.
 Okay.
 So let's revisit this in our subsequent content. They meet on Wednesdays? 11.
 So is it cash positive or not? Sort of your question.
 Correct.
 And whether they put a sledding heel on it or not, they still want to conserve it.
 And then the road, based on the slope, is a substantial project.
 So really the options are the homeowners either mediate this themselves or one of them takes the other to court or the town picks a side and goes to environmental court and does what's required there.
 Then we then we go through and because we still have until the end of October to get this to get the this done And it will give us more months
 Thanks for coming. So we even had a court hearing about imposing penalties, and the judge basically said, you've got one more chance to figure this out or not.
 We have another zoning issue. We did. We have two more. I think there's one person here for the next one, which is The Harrington zone property at the top of Wolf Lane.
 maintenance that's going to... That's not the existence of the site. Not evidently, yeah.
 And we are going to have a regional concerns meeting.
 And that's my thinking was to account for any other proposals that may be out there to make adjustments, not for start up.
 regional forest.
 It quite honestly is hard to find a lot of objection to this tower.
 Alternatively, I talked to Pete Goslin and he said that we could use $50,000 of the town's paving budget for the parking lot.
 And you'll see, Neil, you came over.
 I think he probably could have done it under one and just listed the accounts separately, but he chose to do two purchase orders.
 How we handle charges from this fiscal year.
 They're going to have to convince someone that the property line is somewhere where that person doesn't believe it is.
 Yes.
 Yeah, yeah.
 Okay.
 Yeah, 600 I think it was okay fair enough
 I think you'd save up front time because we filed two letters for detail, which were substantial investment by the attorney.
 in our library.
 What was the most difficult thing you've ever had to deal with?
 I would ask that you might consider talking to whoever has been appointed fence viewer.
 So is there any way that the town can accept those two surveys as the defined property line and go from there? If they are in fact the same property line, I think we would need to talk to the surveyors directly.
 I'm not going to miss any meetings this summer. I did my vacation in February. I think I'm okay. I don't see anything. Okay, good. We don't know.
 more than 20 right?
 So the survey of record should be recognized as the most recent one if it's been recorded. And should it have to go to environmental court, then the button survey will be there, hopefully.
 Give me one second.
 going to proceed in
 So we can't impose any limits at this point until that's disposed of.
 Naturally, the residents have contacted the town and asked, what can we do? There was a saying that there was something up there that the kids were staying in that was an occupied dwelling.
 they're accounting for future needs.
 to be at my office at 7 30 in the morning which is the same time but I will go the next time.
 We'll put it out for a month. We'll get proposals.
 Well, not the logging, but you mean the use of the ship?
 It's unanimous.
 Bye.
 we discussed, you know, pretty much the
 Okay.
 So we've issued a notice of violation on the shed because it doesn't have a zoning permit.
 Remember they came to the select board late in the year, anticipating April.
 anyway
 I don't think that's the issue here.
 I know two months ago I was like, we got to do what we did for one, we have to do for another.
 No, that was a different one.
 Well we can put the letter but we don't have to follow through with it, right? Well you can file your objection.
 It's...
 I think that's a good pat on the back for them.
 The public hearing on the changes to Section 6.8 are going to happen at the June 2nd meeting.
 And in terms of concerns about control and access,
 Thank you for bringing that forward.
 like give it a shot.
 I mean, that's a lot of money.
 If you're an owner occupied unit, you should have a separate apartment.
 Thank you.
 Because it was noted at a safety inspection two years ago that they were deteriorating and needed to be replaced.
 And so that would be.
 I'm not going to do that.
 options.
 It is.
 I don't understand why I was told that you move your sheds, you're getting fined $100 a day if you don't. As soon as I move my sheds, they pull the fence up and move it onto my property. And nothing can get done.
 Then we've got a couple purchase orders or a purchase order.
 a court decision on where the line is.
 So this would be for things like utilities or prior goods and services that we buy in
 If the notice of violation was upheld by the DRB and the curlers appealed to the Environmental Court, you could still not issue fines. But considering if you had a favorable to the town judgment in court, then you could talk about whether or not you should impose fines at that time.
 Chris hasn't seen this. You can take a look at it the
 So Neil told me not to move the shed because we didn't know where the line was.
 If that makes sense.
 They're proposing a tower.
 But he needs $50,000 to do paving.
 So it's a catch 22.
 Well, it was the loan. Executing the loan. Yes, probably have to do that. And can we do we do it tonight or do if you want to push it? I don't want to push it, but I'm just wondering if we if it's because it's on the agenda.
 Okay.
 That's my understanding.
 has been surveying of that property line and I'm not gonna...I wasn't there at a
 So I guess we get that.
 I think June had offered before she left.
 They did something similar out in front here, out in front of the post office, where that area used to look a lot different. It had different concrete panels. They dug out there and even into the entryway where the asphalt is, put down road gravel and compacted it. You can see it's remained mostly very stable since they did that.
 And we're at the end of the legislative session. Nothing's changed.
 Yes.
 I'll authorize Mike to design it and I'll bring it back at the end of July and we'll talk about it again.
 Sometimes it's very difficult to pull apart.
 its existence and its location.
 Okay, so.
 All right.
 Do you feel like we have to is very cats and Carol for our contact? Okay you
 They mentioned they were willing to give part of that parcel to the schools to advance
 I have not an obligation.
 the visual aid manual is to one that
 There's no basketball courts. And Volunteers Green is out because the floodplain regulations that are in place now that have to be there prohibit any kind of a development or that sort of thing.
 But, you know, how are we to sort that out? It's good. Well, it's good, again, to have a conversation because we need people to look at these issues or else they don't get looked at.
 subject to an agreement to do so.
 to
 Again, it's not the survey that's in question.
 Okay.
 you have to have costs. So these are really our costs.
 Yeah.
 I think one of the outstanding issues we have right now is the impact of the clearing on the volume of water and whether or not that is being redirected away from the retention ponds.
 largely unregulated by the town but are quality of life issues for the surrounding neighbors.
 So does that keep us in the game until after the 16th?
 Whatever the lowest cost way of keeping in the game.
 I was impressed.
 One can legally be described as affordable housing sets rates for rent. And the rents there are already in the upper end of that bracket.
 came back and then a couple of more tenants had issues.
 Okay.
 Well, when the town health officer goes out to a place, he mediates and does the best he or she can possibly do before it gets to a point where it does go to court and then involve lawyers and everything.
 Maybe
 We have a follow-up depending on the...
 I think as far as I know, on the Woodshed land, I think it is, Bacon's concern.
 My concern is the parking lot is in rough shape and it continues to get worse.
 Please say aye.
 We have to spend time reviewing their testimony, and then we'll have a hearing.
 Okay, and so just to clarify this is the bridge replacement and and the effects of that are a couple years out the repaving of to in that section has now been moved up to Well the what they're they call a maintenance code Which is just an inch over the top to smooth it out will happen this summer, okay?
 Yeah, that's that's awful. Still, yeah, it was right there.
 Some of the money that's already gone into designing the storage tank and the approved final sort of construction phase engineering on the it includes the chlorine contact time tank, right? Yeah, chlorine contact time project.
 That's correct.
 Also
 I remember I was like this too.
 by the only one?
 I was out on a call.
 Okay.
 So, we're going to go ahead and put that in there.
 Interestingly enough, the person for the stormwater section in Chittenden County is a Richmond Village resident.
 Forest Parks and Recreation. She's at the Essex Junction Regional Office.
 They're listing that as a cost.
 Please note the financial reports.
 to code if I need to upgrade to have a kitchen or not.
 So Mike Weisel still has to design the project. It'll take him for a while to do that, to the end of June. I can come back to, or just the bid spec. There's not a lot of engineering.
 I have a question. Jumping back to the conservation fund, that payment for the conservation fund, when they do the final purchase,
 I think it's worth a try.
 Second.
 It's a unison violation with no permit.
 we can talk about opinions on not only how well it fits with the zoning regulations that are in place, but how well the project fits within the community as a whole, and what sort of the community member reaction from the village might be. I want to also mention, we did appoint two members to the recreation committee, Robin and Isabel and Rabideau.
 Okay, so.
 On AT&T, the hot issue is Jericho Road. 1925 Jericho Road.
 Bye.
 I was hoping for $100,000, but the reason it cost so much is because there is no real base.
 I agree.
 June 10th.
 I'm right there with you.
 to recoup essentially our investment in going to court.
 And that's a really good question to ask, but it's a process.
 Yeah.
 Slightly higher
 Yep, thank you.
 And certainly it's our commitment to be good neighbors and do everything to control access to their neighbors who would not like to have de-restaurant parcels to the other parcels.
 There's just no facilities.
 I don't hold great hope, but it's worth a try.
 and we have a caveat subject.
 very hard to stay afloat. And it's not a pretty way to go.
 I recognize that you could put a bet out in June and say we're not going to start it. Yeah, yeah
 That will give us six more months of revenue from the post office, which means less money we will need in loans, in loan or short-term interest to pay for it.
 And Neil Lightner went up and visited with Ms. Mobs and actually was able to do an inspection and said it barely meets any qualification for a separate living unit because it has a very basic kitchenette, which consisted of cabinets. It didn't even have a sink.
 Are you there?
 The exhibit we saw, and maybe I misremembered this, was it looked like it was an expense, and it was expensed out, but there was no balance of a fund balance.
 Would that be also on clear accepted property lines, surveyed property lines? Is that an issue, a dispute where the... It would have to be accepted by the town in order for the town to really go after it.
 So I guess I keep coming back to the fact that while the conservation commission is saying wouldn't it be nice to have a sledding hill, this is 20 plus acres of a piece of property that as you come into the village is one of the first things you see.
 It's not possible to make a firm commitment for any one of those three, given the bay grades, both the water sewer, which have different issues based on flow and direction,
 Surveys become legal when the surveyor has their stamp on there, that is the official document.
 I'm sorry, I'm just skipping Monday to Monday through my cracked screen. My screen was stolen with the rest of my iPad.
 So we're not issuing you.
 Yet, they're clearly on my property by the pictures.
 Okay.
 because they're not surveyors.
 So the policy on the end of year policy has to do with.
 I've put several notices on Front Porch Forum seeking comments, and those comments are attached.
 So in order to do that project this year, I would have to run into a deficit for about nine months or take out a short-term loan.
 the county forester.
 Maybe one.
 the property line. Who owns this side, who owns that side. That does nothing to console either the Curleys or the O'Briens.
 He's made a motion for both.
 And it could be surveyed differently. It could have been laid out differently.
 And there is potentially space up there.
 Thank you.
 was going to be. Again, this is another issue that has a lot of different parts to it.
 They'll give us a couple more months to have some more reserve funds in the bank.
 they're eating into their budget.
 And so the properties of that.
 And we issue, we set the tax rate in July, it goes on the tax bills. And then the home state rebates get finalized for individuals.
 But that's not a failure of any of these applications.
 But I don't work there.
 I believe the governor, if he hasn't signed it already, he's clearly signed it.
 You can't be zoning.
 No. My vacation works.
 So we have to assign it.
 I'm sorry.
 So the circuiters are definitive, though, as opposed to... Well, we can assume that. You know, I can't sit here and tell you that for sure.
 And I am as am I.
 Ms. Gamblin.
 I will be the town's only witness. I think there was no additional pre-filed testimony from the applicant.
 On the detail one? No, no.
 He stuck a hole in the ground, tied a string to it, ran it through the fence that was there, over top of my shed.
 for everyone.
 anybody from the land trust like to talk about confused access I guess is the yeah
 I've used it also. It's been re-timed.
 I would recommend it because it will essentially be like a DRB hearing. You'll have a public hearing.
 And it would be good to understand that completely before removing a bunch of trees, it seems like. But anyway, it certainly does seem to be a valuable conservation project from my perspective. Any other comments or questions from the public? Anybody else?
 It's under outstanding zoning issues update.
 And they're saying we can't pull enough money out of this to pay this loan without raising the rents, which would put them out of affordability brackets.
 Or depreciation is my question.
 meeting after that we get an update from the DRC.
 wanting to address something specific.
 Somebody must have jurisdiction.
 get reset two years after that's substantially complete.
 to the problem.
 I do remember the conversation saying that there's, because now the federal government
 It's not where Denise Curley says it is.
 Go ahead.
 through and see the downside.
 I asked him to put several pins down through and he did. Those are gone.
 There's legal precedent for upholding the not honoring a town's zoning.
 I'm just wondering if it makes sense for us to go and do this now as opposed to waiting and maybe having that be part of whatever larger deal is on there.
 You're
 Thank you.
 If this goes out for real, wouldn't you necessarily be able to say this is the time frame that we're looking at so that you can have that?
 So Marks Berry has written a letter and says you have to show proof that this is no longer, that the cabinets are removed within two weeks. Or we'll go back to court and there's status conference. So is Neil going to go out and check up on it? Yes. So let me understand, even in spite of state code or anything, so somebody can rent an apartment that does not have a functional kitchen and call it an apartment? If you're renting it to a family. Right. I don't know all the rules.
 And not by just a little.
 Typically, not much that the town will get involved in.
 Commendation to the girls varsity lacrosse team at MMU which remains undefeated. Undefeated, 16 to 10 against.
 optimistic that we can get back down to that more favorable cost.
 There's no concrete plans yet, but that's something that the town, the Water Commission would be willing to see happen.
 So what you need is testimony from Chris Haggerty that says, I surveyed the results.
 Yes.
 All right, so can we go to reports? Yes, unfortunately I was not able to make the economic development committee meeting last Friday.
 So those things seem more relevant in the past than the future.
 So even though you've got an outstanding prior year balance, it doesn't add up to what we talk about when we say the rate. Otherwise, with the budget, I think that we're doing okay.
 So the zoning principle is one, but if we don't, if the zoning principle is doomed to failure and we don't have a group of citizens
 And they are looking at that.
 And the other end of that stick, if you will, is that there's trespass on my land and there was supposed to be some action from the Richmond Land Trust to stop that. It has not happened.
 don't support a choice on other properties, but it does take place.
 So the question remains, the request is $64,000 from the Conservation Reserve Fund.
 D.R.B. is going to hear the appeal of the notice of violation, and that is most likely going to result in a non-resolution situation because of the fact that we don't have a property line defined.
 whichever comes first.
 You want to move we do some on this I move we execute our 3 3 0 2 in the amount of
 No, just to establish facts.
 Once it's complete, yes.
 So depending on what the DRB determines, then they would appeal to the environmental court.
 That's all the reports I have this evening.
 Sometimes I feel like all we do is spend money.
 Now, the longer this goes on.
 Yeah, so we need...
 I think it's going to be really difficult for us to get through all this and negotiate something without Champlain here.
 So the on just a quick update on VTL. That I said that the hearing is scheduled for the week of June 11th, but not final.
 But right now we only have about $109,000. We do have some expenses that are going to come out in June.
 And I'm also, this is tempered by we're getting, we don't have a group of people saying absolutely
 But anyway, I know. But I think that is the, I mean I'm feeling that's the appropriate course action.
 know we're looking to get some funding from the Vermont Housing Conservation Trust Fund.
 I'm wondering if we've heard anything from any.
 Yeah, it's a complete rework of the sections.
 a process that would get us to a resolution. In terms of, it seems the thing that we can't, that nobody can do anything about,
 It's people have to agree or they have to be made to agree legally.
 It'll be a nice write-up in the town report after this.
 deal with that provisionally and then throw the sledding mill improvements into the other provisional items, including inclusive of the road, water, sewer, those are ideas but not currently.
 So we're going to start with the Willis Farm Conservation Reserve Fund purchase.
 if they expanded fields, they don't have a floodplain problem.
 There was a court hearing.
 I mean, it's been almost a year, so it might be moot at this point, but stormwater has an interest in what goes on in logging operations, especially if there's a stream crossing.
 anymore and I believe her son was living there.
 So I'm with whoever said it that we should call on Fran or June to see whether they're willing to fulfill that initial offer and do a little follow up there.
 So either it goes somewhere else, not to this organization, this site. They were showing the loss.
 And it was clearly marked out.
 All in favor? Aye.
 Why don't we start public comment? Any comment from the public? Thank you.
 So you can see the outstanding history of this.
 I
 I don't know. I don't know. I don't know. I don't know. I don't know. I don't know.
 Reserve funds are below their budgeted funds.
 The structure is capable of being permitted as an apartment.
 She's talked to people at the state. They've assured her that that happens sometimes.
 And they could correct that.
 I'm not aware of any formal forestry plan for what's been... Because current use property is forest and does have to have a plate.
 the ambulance service of the year award.
 We have a hearing on the first one, which is good, but we may find, I think like the folks in Addison County are finding that it's...
 I think the way we were talking about this is do we have a mechanism for getting in the door?
 Yeah, I...
 I'm not agreeing to the road steam survey.
 The purpose of offense viewer.
 And then, again, we could have testimony from First Hacker Day on whether or not
 Is that the only? Yeah, it's all covered for the package.
 And this is.
 For us it means the political objective of saying we promised our town we would have a revolving loan fund.
 Don't know if we'll collect that this year I think
 What?
 And the question before us is by turning over, basically agreeing with the request, does that best serve that purpose? And it's not clear to me that it does.
 And if it's on the wrong side of the line, they'll order her to remove it.
 Yes.
 Thank you.
 the fence. The fence is going to come come to talk to you come to talk to the to the curlies.
 So there was some conversation about the Browns' court field, wasn't there, at one point?
 questions from the public? Why don't we have the Conservation Commission
 called a right to walk from one parcel to the next.
 Yeah.
 Shortly thereafter, Chris had staked everything out and said, look, this is where the line is.
 where I promised to use surveys, not by what she says.
 maybe that will inspire rethinking of positions.
 dates again.
 All closed.
 Aye.
 And what is that other reason? It all comes back to zoning and our aesthetics.
 But I think we're done with this one for now, right?
 I still was sort of stuck on the depreciation on one hand, and also the idea of the money coming back for other purposes.
 So motion to approve the purchase orders to
 And I think that's prudent because sometimes we don't pay June bills until August.
 You can look at the survey and get the owner here and the owner here and say, yep, this is the survey.
 Yeah, you guys have a picture where it's...
 And then do we need to decide what we want to do contingent on the DRB decision at this point? No, it's premature to discuss. Okay.
 I think the pertinent for this evening, unfortunately, there's nothing that we can do right now.
 I think we are, discuss any items for next agenda.
 What they make if there are problems, they say you have to abate this or correct that.
 I'm not sure we're looking for reasons to oppose it.
 Money has been approved.
 All it would take is a building and zoning permit to get it done.
 Well, but that's the question.
 And the forestry is not regulated by the town. But they also sometimes have parties up there. I guess the parties have generated some noise complaints and other complaints from some of the neighbors.
 Actually, I think his section there is really the worst section of the entire parking lot.
 Yeah, definitely.
 We haven't made any claims, but I know personally people have fallen on that. Okay, so if we hold off on putting out bids until the end of July, early August, that's just a month later than the time that you just said, can we do that in hopes that maybe we'll get some creamery parcel stuff?
 I would imagine. Do you have a plan for getting it to that final vision and then maintaining it as proof, sir?
 There had been a thought that there could be an evacuation route from the schools down to Route 2, and that there's any number of directions that could take.
 But in fact, the property line is ambiguous, and it remains ambiguous even though things have been surveyed. There are accusations that people have agreed to things that the other party denies.
 At this time, the cords must be at right angles to the first layer.
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 On the cotton plantations today, modern science and modern farm machinery play an important part. Work that formerly required days or weeks of sweating toil is now handled with ease and efficiency in a very short time.
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 Never had anyone dreamed that a machine could do so much.
 Again, cotton for comfort.
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 The product of hundreds of thousands of men.
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 On the building drum, great care is taken to ensure the exact position of the cords in the rubberized fabric.
 Today more than three score products are made from cotton seed. So that the cotton can be handled conveniently, it must be made more compact and tied into a package or bale.
 So again it is cut on the bias.
 mixed again with still more chemicals.
 They found new fertilizers that get better yields from average lands.
 In 1781, a New England farm boy named Eli Whitney was beginning to make a name for himself as a manufacturer of hat pins for ladies' bonnets.
 First the oil is removed from the cotton linters.
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 In ten days, Whitney developed the model of a machine that was to revolutionize the cotton industry. The cotton gin was a simple device, but it took the seeds out of cotton.
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 Inside the gin, the cotton falls through the hopper and hits a grid where it comes into the path of revolving teeth.
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 King Cotton. Each day new discoveries are made and yet this is only the beginning. Science and cotton, making possible the
 Heavy pressure, which is then applied, produces good bales that are compact and uniform in size.
 As a result of careful and scientific cotton farming today, the United States supplies the world with almost one half of all the cotton it consumes.
 Everybody thinks of them as rubber tires, but it would be just as correct if these pneumatic cushions were called cotton tires, for actually, 50% of all the material that goes into the making of an automobile tire is cotton.
 And here again, science, science and cotton have united to simplify this by producing lacquer that is faster drying, longer lasting, smoother, harder, and more durable, and easier to apply. With this matchless product of cotton and chemicals, skilled workmen create the brilliant magnificence that is the protective surface coating for the motor car of today.
 Each year brings new uses. Cotton seeds for various oils, for tar, phonograph records, cosmetics, and foods.
 Martin is king.
 King Cotton, ruler of a huge industry at home and abroad.
 The filters removed from the seeds in a later operation are used in many basic cotton products of great importance.
 in a small wooden box was all that was needed to demonstrate the value of cotton as a world crop.
 Before the plants are fully developed, just as soon as the weevil begins to appear on the squares or bracts that protect the immature flower, the modern farmer enlists the aid of the most modern methods in his attack.
 A few years later, young Eli set his fingers to a harder task, getting the seeds out of cotton.
 building a vast new industries, challenging the unknown, discovering, making revolutionary improvements in the working and living conditions of our day.
 almost completely covered with sturdy bagging.
 From thousands of fields come millions of bales.
 The world calls for cotton for many unseen uses in virtually every industry. Surprising, for instance, is the tremendously important role that cotton plays in the manufacture of tires for modern automobiles.
 The teeth grab the fibers and pull them through the narrow openings of the grid.
 The tire is toughened to a final degree. Indifferent now to heat, to cold, to all the elements,
 he had to spend most of his money to defend his rights in marketing the new cotton gin.
 preparing acres of land quickly and easily for the good crops of cotton to come.
 The materials are prepared with the greatest precision.
 Today science as well as modern engineering has entered the cotton industry.
 And that was what the South had been waiting for.
 Eli Whitney put together a few boards and rollers and gave the world a giant industry.
 It is here in the generae that all the work in the cotton fields comes to a focus. All the time and labor expended by the southern cotton farmer reaches its climax in the two great products of the cotton world, cotton fibers and cotton seeds.
 Today, plastics made from cotton are used to make the sparkling, striking interior appointments in the up-to-date automobile. Plastics for the steering wheel, horn button, the gearshift control. Beauty to be sure, but a very practical beauty, a handsome gift of cotton. Cotton makes still another valuable contribution to appearance in the motoring age. Again, through the magic of science, of chemistry, cotton yields a treasure called
 the peculiarities of the numerous varieties of cotton plants.
 to give greater strength.
 Here, the development of a given area is planned from the very beginning as a balanced community.
 But in the end, all will benefit.
 Still another approach to better land use might be found in the townhouse.
 The study has produced scores of ideas, but no final answers, except to demonstrate the need for more and more research. But already it has spotlighted major areas that show promise for the future, that merit further exploration.
 Within a single generation, we have learned a hard lesson, that the land is a limited resource.
 Hard-pressed communities, finding themselves in a new environment of metropolitanization, looked for a remedy in their only weapon, control of the land through zoning and subdivision ordinances. Throwing up, in effect, a Chinese wall of restrictive regulations to halt or slow down the incoming tide of new housing.
 A planner's brightest dream must come to nothing if it meets with public rejection.
 economical, effective use of the land.
 Individual lots are not straightjacketed into rigid sizes.
 Up goes the cost of local government, paid by the new homebuyer and all taxpayers.
 Here at the heart of the city, a concentration of shops, business offices, hotels, apartments, factories.
 In just five years, it will reach 200 million.
 concepts and innovations demand for their success a new kind of thinking in our zoning boards.
 No one foresaw the need for such an agency.
 The cluster offers relief from the familiar monotony of the standard track development, makes possible economies through concentration of utilities and street improvements.
 Broad market research is essential to measure the degree of acceptance for variations from the traditional pattern of community development, to determine local and regional preferences.
 streets and circular streets.
 In the empty farmlands, the quiet towns and villages surrounding the city found themselves in the midst of a roaring housing boom. New developments on every hand.
 planner's eye they may be essential, but what of the cost? Are they within our reach? Detailed research is needed into the comparative costs of new and conventional methods in terms of street frontage, water and sewer lines, maintenance of municipal services,
 There are stirrings of hope in many areas where thoughtful planners, architects, builders, developers are at work on the problems of the land.
 In many places across the country, individual builders, architects, planners are putting the new ideas to work, pioneering better uses of the land. But we have made only a beginning.
 costs soared everywhere.
 Almost overnight, Suburbia was born.
 Today, more than 60 percent of our people live in urbanized areas, and an estimated 90 percent of future growth will take place in those same metropolitan areas.
 the Chinese wall remains.
 Buster permits the use of rough wooded terrain that often could not be developed conventionally.
 There is no overall planning agency for the area.
 Planning alone is not the final answer to the crisis of our land. But without wise and far-sighted planning, there can be no answers.
 Some well planned, well designed, blending naturally into the terrain.
 pedestrian and auto traffic.
 New methods of land usage may be more attractive than the old practices that have wasted so much of our land.
 operation is growing among the varied elements of our metropolitan areas.
 Our research must be broadened and deepened.
 The old rule of thumb that land represents 10% of the cost of house and lot went by the boards.
 they came back from the war. 15 million G.I.s clamoring for new homes and a piece of land in the country.
 homes, townhouses, high-rise apartments, shopping centers, schools, parks and play areas.
 better homes, better communities, a better America as our heritage to the future.
 in park areas are preserved for community use.
 land with elbow room, with unlimited space for our towns, our cities, and our people to grow.
 One such area is the large-scale planned unit development, where the basic planning unit is the integrated community instead of the individual lot.
 Additionally, there must be public acceptance of new ideas in the marketplace.
 zoning laws, originally designed to police the use of land, were contrived to raise higher and higher the minimum size of lots to prevent the building of the lower-cost homes that were most desperately needed to keep the invaders on the other side of the wall.
 his features on the street side, living areas, and terraces opening on a fenced yard or garden, or a common open space in the rear. He can
 Another is the cluster method.
 Where do we go from here? Is the extension of the urban sprawl that now besets our metropolitan centers the best or even the only means of proceeding? Or are there more intelligent, more effective means of channeling and guiding the immense new increases in population all forecasts say will surely occur?
 How did it happen in the span of a single generation? What can be done to reverse the tide and preserve the land? How did it happen? Let's examine the typical metropolitan area of the 1920s, just a generation ago.
 The picture is not entirely black.
 Rather out, pleasant, middle-income residential areas.
 United States population now stands at 185 million.
 flexibility, a recognition of the need for diversified communities.
 miles beyond, a ring of sleepy little towns that housed local tradespeople and upper-income businessmen from the city.
 more in 1949, 1950.
 the responsibility of all of us who are the American community.
 And what are the legal problems that inevitably accompany change? The innovator who seeks a new use for the land is often caught in a maze of local complexities that can frustrate his every move.
 Government and private groups concerned with the problem have lent their support.
 families moved, the trade and service facilities followed, and the factories moved with them.
 This effort will be costly, and it will require the active and continuing participation of all elements of the community.
 Neither the city nor its satellites prepared for change because none of them expected change. Not even when the family car arrived on the American scene in a big way, bringing new homes, new families to the suburban fringe.
 Half a million homes sprang up around the country in 1946.
 meets overall zoning requirements.
 Something really new here.
 some places to 20 percent and more, squeezing hard on the limited budgets of home buyers. And the builders moved farther and farther out in search of good development land, bypassed expensive or difficult terrain, leaving undeveloped islands behind them.
 the land seemed inexhaustible. The whole vast sweep of the American continent, three million square miles of the richest land on earth, Alaska.
 taxes for more and more schools, roads, sewer and water lines, more of everything to service the swelling population.
 There are many ways to use the land in better fashion than we have.
 Again, the developer and planner are concerned with overall density rather than individual lot sizes.
 larger lots, wider streets, waste where conservation is needed.
 Just as the air can be polluted, water supply is wasted, so our land can be dissipated and despoiled.
 Planned unit development provides for variety in design, in building densities, in family income levels, in family sizes.
 a million in 1947.
 ratio climbed to 15 percent.
 the old row house that fell into disfavor years ago because poor design, ill-planned grouping made it a monotonous eyesore on our city streets. But ingenuity, imagination, and skilled design can restore dignity and attractiveness to the townhouse.
 land of quiet main streets, rolling farmlands, plains, forests, and mountains.
 Wherever the new subdivisions went, they created problems for the unprepared communities of the new suburbia.
 uses of the cul-de-sac to break up the rigid subdivision pattern.
 Here the homes are grouped close together around access courts, leaving the remainder of the tract in its natural state.
 The combination of genuine financial need and the desire to preserve a country-like atmosphere, not to become city-fied, together with a certain amount of snobbery, led to a shifting of payment for many community services from the municipality to the new home buyer through the subdivision developer.
 Today, the land surrounding our metropolitan areas is being swallowed up at the rate of one million acres a year by factories, shopping centers, highways, housing developments, and more housing developments.
 transit lines fanning out in a half dozen directions to the city limits.
 Perhaps it is time to pause and take stock, to look ahead to the needs of the future, to consider new approaches to the use of our land, perhaps to re-examine some discarded concepts.
 vastly improved subdivision regulations that will meet the actual needs of the land and the people, that will relate the kind and cost of land improvements to the building sites and their intended use.
 illustrate the magnitude of the problem. If the New York metropolitan area continues to grow at present rates and under present large lot zoning regulations, by 1985 all the land within 50 miles will be built up.
 Each suburban town had its own government, its own community services.
 million in 1948.
 wisely or wastefully we use the heritage of our land is not solely the responsibility of the planner, the developer, the builder, the community official. It is
 The overall reform of our land use practices demands a thorough legal analysis to determine the best procedures for resolving such questions as the use of easements, maintenance of common areas, frontage on non-dedicated streets, and many, many others.
 The National Association of Home Builders and the Urban Land Institute have joined forces to study land planning concepts and new ideas that could be applied to residential use of land to see what can be done to preserve the values of a country-like atmosphere while accommodating necessary growth in an effective development pattern.
 Some seem to have been thrown together in monotonous rows as the project builders race to keep up with the demand for more and more homes.
 must reach into new and untried areas.
 Depression halted that first tentative expansion throughout the 1930s, and World War II brought housing construction to a standstill for the first half of the 1940s.
 And the preliminary injunction does not stand about to a prejudgment attachment because, again, this was a carbon recovery asset, not Mr. Rooksby's asset.
 Of course, that's the final question at trial.
 specifically contracting with Peabody Coal, a company Carbon Recovery had not dealt with.
 And so, I think that's a really important point.
 events tended to show that the proceeds from the sale of the coal was an asset of carbon recovery.
 And there was a lot of talk about the standard of review being abuse of discretion. Well, in the Frans case, again, the case that reads right on this case, the standard of review is abuse of discretion for enjoining the sale of those lots. And the court held, yes, it's an abuse of discretion when the
 done that in this case in the appeal injunction issue.
 In order to obtain an injunction, Mr. Steiner did need to establish the four criteria. Clearly, ascertainable right that needs protection.
 That was our original motion for preliminary injunction.
 Their passage of time from the point of the suit to any monetary award is not irreparable harm.
 That sales proceed is not a specific fund.
 So the court invited, we didn't know at first how much he had actually received because we couldn't get that out of him, that information out of him.
 Even if the court were to find that it was tantamount to an equitable attachment, we have always maintained that the specific doctrine of the fund applies. The funds of issue in the case have specific connection to the underlying dispute,
 The question is, is there an adequate remedy of law to vindicate the alleged wrong? And here there is. Just let me make sure I'm correct on this. You're appealing both the paragraphs B and C. Yes.
 net sales proceeds for six months worth of transactions.
 stated that that was the only claim at issue. I apologize.
 Here the defendants are trying to basically do the same thing that the plaintiffs did in France. They're trying to recast their complaint as one complaint.
 There is a calculation of net profit after overhead.
 notice we had.
 not produce access agreements with Kindle Morgan. The Peabody contract, so it happens, only was from July 9th and terminated on July 31st. There's no
 But you would have had to post a bond.
 One that forces the defendant to set aside money or other property prior to judgment. And that's 735 ILCS 5 slash 4101. It's the pre-judgment attachment statute.
 And what an injunction stopping the partnership from selling those lots.
 That was an agent of carbon recovery because General Waste Services held the insurance. And that's not disputed.
 And of course, it's formed of law that an injunction cannot issue if the move-on has an adequate remedy of law.
 recovery business model was to obtain abandoned coal from coal storage companies, process it, and blend it
 Yeah.
 is tracking works, but you can't use that money. You got to.
 The second district said, look, even though they're partnership assets, it doesn't matter because it's still just a financial interest that they're trying to vindicate.
 For all the foregoing reasons, your honor, the plaintiff, Gregory Snyder, individually and directly on behalf of Carbon Recovery, prays that the court affirm paragraphs B and C of the October 26, 2015 order for loaner injunction and... I had nothing further, your honor.
 And there has to be an absence also of an adequate remedy of law. And as I stated before, there's no other remedy of law that can be utilized to continue to preserve an asset that's still there.
 The second district reversed the trial court holding that the limited partners breach of contract and breach of fiduciary duty suit for money damages constituted an adequate remedy of law.
 However, all season stands for the proposition that if the defendant is insolvent and he only has one or two assets left in the real estate, the court adjoins him to the sale of the real estate based on the finding of insolvency.
 because Snyder did not post a bomb.
 can't yeah you can't take that okay but you
 And so, the question is, how do we make sure that we're not just going to be able to do
 Yeah, I think he was talking about the same. That's not there's not sales proceeds and I.
 Within four months, or less than four months, he had spent or gone through almost $300,000.
 there's been no finding that he can't otherwise pay even were it a corporate asset. And the important thing to look at there is the Franz case. In the Franz case, the real estate that was at issue was undisputedly a partnership asset, undisputedly a partnership asset. Yet the court would not enter the appellate court, reverse the trial court's injunction using the reasoning, the trial court used the reasoning, well, if these lots are sold, there's going to be a depletion
 It's a pure application of a specific fund doctrine.
 And the court eventually said, instead of depositing on me, you can deposit it in your attorney's trust account.
 But there's still a dispute about whether or not that is actually half of what's left, I guess, isn't there?
 consideration Mr. Rooksby's interest as a 50% member of carbon recovery.
 the court.
 I heard your opposing counsel say is he's not even appealing that he he I guess agrees and he can correct me if I'm wrong here when he gets back up he agrees that there I guess there was sufficient evidence to enjoin his client from further sales and so forth. He's
 still just a suit for money damages.
 Justice Goldenhers, Justice Schwarm, and Justice Stewart. My name is Sandra Titoian.
 parties make the payments that they were supposed to make, pay to each other under the contract, to pay those into the court as the court was, as the question of whether the contract was valid was being waited.
 introduced four different access agreements.
 Even if that were the allegation, the injunction forcing him to pay money into court would have no bearing to that allegation.
 Do you have to wait until they spend the money or to get a money judgment against them for it? Or can you go in and ask the court, stop them from spending all that money, preserve it so that it's still there?
 First, he attempts to distinguish the Franz case because this case involves a derivative, a sniper suit individually and derivatively on behalf of the corporation.
 I present Plaintiff Appellee Gregory Snyder.
 How much are we talking about here? The amount that was deposited was $10,000.
 The party seeking the injunction had other remedies of law, but injunctions were upheld because it preserved the funds in controversy.
 They're not in the bounds.
 So just let me get back up again, make sure I understand.
 Thank you, council. Thank you.
 And then further, the prejudgment attachment statute, under those factors, there's 11 enumerated that allows you to get a prejudgment attachment.
 Of course, there are many cases that deny injunctions when the plaintiff has a claim for money damages and thus are essentially attachments.
 Finally, Snyder argues that there is an exception to the rule against equitable attachments based on the specific funds doctrine, when the injunction involves the specific fund at issue in the lawsuit.
 hearing. So Mr. Rooksby's attorneys filed a motion for rehearing and at the rehearing we further introduced truck scale receipts. So when
 In other words, any kind of allegation over and above you owe me money.
 That brings me to my next point on the appeal.
 And so the injunction does not preserve the status quo.
 And the court found in that case, where the plaintiff didn't have an interest in that property, the court found that it was a violation of the law.
 still has.
 comments made by the trial court judge regarding the specific funds.
 case, the issuance of an injunction is valid. It has been held that the existence of a remedy at law does not deprive equity of its power to grant injunctive relief.
 And so the kind of allegations they're casting upon me here aren't taking into account the full evidence that was placed in the record at the hearing.
 and that sales proceeds, yes.
 I look forward to your power. Please proceed.
 I'm not trying to stop you from making your argument, but I guess my point is, and I read in the briefs, and there was a lot on both sides about whether or not there really was, whether or not the plaintiff showed a likelihood of success on the merits more or less, whether it was reasonably likely that he'd be successful and so forth. Right.
 found that the evidence showed that it was not Mr. Rooksby's property, that it was a Carmen Cuthbert property.
 That point was the 521 email from Snyder to Rooksby stating that carbon recovery wasn't going to be making any more payments to anyone.
 positive with the court, and that's an equitable attachment.
 If the trial court didn't believe that the appeals order was going out in a fashion with specific funds, how can Rooks be claimed that?
 That's what the court was preserving.
 Also, there's no allegation that your client was insolvent or that if this money got away, it's going to be gone. There's no evidence of that.
 So the question of whose it is, is not really the question for the injunction.
 That's exactly right.
 We do cite all seasons excavating versus Butthart, which did not specifically find that they were entitled to it because of the insolvency.
 a weasel.
 And I would also like to point out that the court took into consideration, he very narrowly limited this injunction.
 I assume the plaintiff's claiming there ought to be more than that left or whatever.
 But most importantly, it is still just financial harm.
 All right, thank you, counsel. Thank you. Argument for the apple.
 grant of that injunction.
 only complaining about having to put the money in.
 Second, we introduced Greg's Truck Services invoices. And those invoices all identified the coal that was delivered from Kinder Morgan's facilities to Southern Illinois Power Co-op and it identified general waste services on that as well.
 As to an allegation about a specific permanent harm to a customer, I don't think there was.
 In that case, both parties made a deposit.
 And against these pretty straightforward and in my mind clear arguments that the injunction was improper, Snyder makes just a few arguments which in my opinion are fairly easily dispatched.
 It's their asset.
 I'm going to ask the judge to please stand and remain standing.
 The closest that it comes to that, there's an allegation that we're dissipating a corporate asset, which is just a fancy way of saying you're causing me money damage, which is one of the main points of my appeal.
 If we're wrong in the end, after trial and merits, it can be returned to Mr. Rooks. There's no harm.
 And the hearings on the original motion for preliminary injunction, the motion for hearing, again, the documents were introduced and we contended that the court agreed that it tended to show that this was a carbon recovery asset.
 The council said that in the argument.
 person has an adequate remedy of law to enjoin the sale.
 judgment attachment. If this were an equitable attachment, that is true. But as I stated before, it's not an equitable attachment because we're not taking away something that he owned.
 One particular one that I think deserves discussion here is the Franz case due to its similarity to this case. The Franz case involved a fact pattern very similar to this one. In Franz, a limited partner brought an action against a general partner and the chief operating officer of a partnership, alleging breach of contract and breach of fiduciary duty after the partnership sold vacant lots at the lowest fair market value to an entity affiliated with the chief operating officer.
 this is clearly not a specific fund case.
 So the conjunction is basically an end around our Illinois attachment statutes.
 At that time, Mr. Brooksby, I believe, introduced the Peabody Coal Contract.
 I don't believe there was such an allegation. If that allegation was made, it certainly wasn't a focal point of the injunction hearing or in the briefing.
 And so with that injunction in place, Mr. Rooksby would be allowed to further dissipate the little bit that's remaining.
 At that point, carbon recovery certainly didn't have a receivable from Peabody Coal or SIPC or anyone else for transactions after 521. But the injunction changes that. It forces – it forces Rooksby to deposit money into the court.
 is distinguishable from this case. In that case, the court specifically found that the plaintiff, who only sought monetary relief against the defendant for breach of contract, didn't have an interest in the property that the plaintiff sought to enjoy.
 The fact that plaintiff's alternate relief may be a money judgment does not deprive a court of equity of the power to grant a preliminary injunction.
 And in those circumstances, then the court is allowed to attach or to enjoin the use of those specific funds.
 Thank you.
 Like it doesn't matter
 And that it was a different type of coal than SIPC had allowed them to go in and process.
 Get a deposit more handy.
 That's not what the court did here.
 The status quo is defined as the least peaceable, uncontested status between the parties.
 And as the court stated in Curt, Curti, Franz, and the other cases in my brief, the theory of taking away the control of property by means of an injunction for the purpose of anticipating a judgment, which may or may not thereafter be obtained by a litigant, is abhorrent to the principles of equitable justice.
 Secondly, there was no evidence that Rooksby still had any of the specific bonds from transactions in his possession.
 After considering the evidence that was introduced at the hearings, the motions, the arguments, the case law, and the trial court's own analysis and application of that, it's very clear that the trial court did not abuse its discretion for the reasons that the court found that the documented evidence that was introduced tended to show that the proceeds from the sale of the coal were a carbon recovery asset.
 And
 requires that you be in possession of the property. As we were, we were in control of the monies. We had made the sales, we were in control. That was deprived by this injunction.
 again, the specific bonds doctrine.
 I'd have to double check the record on that one.
 Okay.
 of these feelings and sued him for breach of fiduciary duty, essentially alleging that Rooksby was usurping corporate opportunities of private recovery.
 evidence because the trial court went through a very lengthy analysis about this and said that the evidence overwhelmingly showed that those sale proceeds were a carbon recovery asset.
 preserving an asset that Mr. Snyder and Carbon Recovery hadn't interested in.
 you can put an injunction on it. We say no, it's our asset.
 It is a use of discretion.
 success and the merits was evident from the trial court's finding that
 I don't think he raised that in his appeal.
 forces before the property is in control.
 a specific check with a check number or money sitting in a trust account. It's a
 hearing at the first hearing on our motion, which was the October 22nd hearing.
 is no irreparable harm.
 And although the trial judge did comment in his analysis that he didn't agree with that, we respectfully objected to that and disagreed with the judge.
 don't dissipate, otherwise spend 50% of the net sale proceeds paid to your client, and C is deposit one half of the net proceeds, didn't use 50% but said one half. We're talking about the same money. I was like, well, don't dissipate, but I'm going to go further than that.
 Within four months, Mr.
 And since the funds were specifically earmarked as their payments under the contract, they were clearly specific funds for that contract.
 I understand, but the point I'm trying to make here is it seems to me like the claim was more than just he owes me money. It's he's damaging our joint business's relationship or substituting himself for our joint business relationship with Southern Illinois Power Properties.
 for
 There isn't one case in the jurisprudence of Illinois that holds that someone's net profit after a calculation of overhead based on transactions is a specific fund that can be attached.
 So it's when the court goes or the person goes and seeks an attachment without the defendant, without getting notice of the defendant, and the court does require a bond.
 enumerated cases for prejudgment attachment.
 as a statute that covers what Snyder sees.
 And the Greg's truck service invoice actually reflects sale or pull deliveries from through the month of August. I'm sorry.
 you're not clear who general waste services is.
 there is no irreparable harm.
 The trial court granted the plaintiff an injunction stopping the defendants from selling any further lots in order to protect the plaintiff's financial interest in the lots.
 not be a great amount of money, but they're instructing Brooks that you can't use that
 of the partnership assets.
 with that specific sales criteria and then sell it. Their buyer was a company called Southern Illinois Power Cooperative.
 And that's exactly what
 And I was looking into the criteria and going through the criteria for an injunction.
 First of all, your honor, there was evidence that the coal that was traded subsequent to May 21st, 2015 was the Peabody coal.
 there was no.
 I'll also point out that the injunction in all seasons excavating was directed to specific real estate and preserved the status quo.
 is a case under a different statute and not an attachment law. And any comparison to this case with attachment statutory cases, if they're not attached to the statute,
 And subsequently, and it's not for the record because it happened.
 And then presented at the end of that hearing an accounting that showed that he made about $312,000.
 tended to show that it was a carbon recovery asset and that carbon recovery had interest in the asset.
 I believe 50% he's ordered not to participate and 50% he's told to put in trust.
 There was, and that's why the finding, there's no finding of bankruptcy or insolvency. The alleged, there is no irreparable harm because it's still a financial asset and there
 And then this you broke out about that trust account and the court enjoined the use of the proceeds in the trust account.
 the injunction barring from doing? The injunction barring, the points of the appeal of the injunction, that were appealing anyway, paragraphs B and C of the injunction, prevented him from using the net proceeds of his sale of gold from May 21st, 2015 forward, and to deposit into the court those net sales proceeds.
 But what they're alleging as being their asset is still just a financial asset.
 I'm going to be speaking to you about the case of Robert Rooksby, who is a former
 Just ask a question and the things you're talking about now go to liability and more or less of whether an injunction should have been entered at all.
 and there's only $20,000 left.
 Because I did a certain as opposed to it's not it's not in the order for preliminary injunction.
 But that's just a distinction without a difference because the derivative claim is also for money damages and therefore is an adequate remedy in law to whatever diminution in the corporate interest is being alleged.
 You have a winning lottery ticket. You've lost it, someone picks it up and turns it in.
 And again, like I said, it was a vendor agreement where we were, General Waste Services was to supply coal to Southern Illinois Power and it was a long-term agreement.
 I
 Only 50% of that was held back and asked to be deposited just from further dissipation.
 specific funds are part of the injunction.
 a visa.
 This court is to decide today whether the trial court abused this discretion. That's the standard of review today.
 Returning to the case law here.
 he is to stop from further dissipating the corporate asset, or sorry, to stop further dissipating 50% of the net sale proceeds because the court found that it was a corporate asset.
 General Waste Services was used by Carbon Recovery in order to gain access to Southern Illinois Power Co-op.
 So the limited partner sues and says, that's a breach of your fiduciary duty to me, and that's a breach of contract.
 is not enjoining the use of or ordering a positive specific bus.
 both of you for your briefs. Your arguments will take place in the back.
 And I think that's a good point.
 And the proceeds from the sale of coal for carbon recovery, that was their only source of income at the time.
 So in summary, the injunction was erroneous because there was an adequate remedy of law.
 There's a series of access agreements.
 The second rule attachment is the adjoining of a defendant's control over property in his possession to satisfy a claim, not yet reduce the judgment.
 On the 10 o'clock call, Snyder versus Rooks.
 And our point there is that, again, he's claiming that the money held is Mr. Rooksby's.
 More importantly, the question here, they're saying, ìLook, it's a carbon recovery asset. It's a carbon recovery asset.î But that's the question for the suit.
 that this is specific funds because it relates specifically, we're only looking at the sale proceeds that SIPC paid to, paid for the coal delivered for the time.
 property is controlled and it was taken away prior to judgment.
 Clearly, the order doesn't refer to a specific fund. It generally describes net sales proceeds from all coal transactions Brooks v. Engage in after May of 2015.
 And that makes this injunction essentially an equitable attachment.
 as a member of Carver and Carver clearly had an ascertainable right that needed to be protected. That being the assets of the company.
 preserving and protecting carbon recovery's property, not taking away Mr. Rooksey's property.
 And in remarriage of Davenport, where the ex-wife, the court found the ex-wife was entitled to a preliminary injunction preventing the ex-husband from dissipating expected proceeds from the sale of family property that she had no interest in.
 Um...
 I'll just use my second point, Your Honor. The preliminary injunction is not an equitable attachment.
 When you talk about this is all done through waste services, that's because the contract with Southern Illinois Power Cooperative required that it go through waste services. And he didn't present any new contract that provided anything else.
 And that he deposit 50% of the same into the court.
 carbon recovery asset.
 of solace either.
 And we know that there was $20,000 left.
 That's your point there. Yes. Yes.
 The
 They're not. It's about putting up the money. And the money that they're claiming they put up, that they think that they shouldn't have to because that was Mr. Rooksley's money.
 the final question of the trial, but more importantly, whether it is a corporate asset, whether it is Rilski's asset, it's a financial harm, and they have an adequate remedy of law.
 And third, there was no error because the injunction involved specific funds that are the subject of the litigation.
 Snyder has an adequate remedy of law. His money damages claim for breach of fiduciary duty.
 So our first argument that plaintiff is entitled to an injunction to preserve a company asset.
 The injunction is just done and end around the attachment statute and constitutes in a legal equitable attachment.
 not asking that the injunction be wiped out completely. No, they're not.
 The keychain case involves a case where money was already in trust.
 Pointless, this goes to your argument that he has an adequate remedy at law, money damages. And I'm saying, but what about the potential damage to this relationship with the Southern Illinois Power Cooperative? We don't appeal that. We're not asking that he not be enjoined from having contact with Southern Illinois Power Corporation. We're only appealing the injunction, paragraph B and C.
 the funds which are the subject of the injunction are also the subject matter of the litigation as they are in this case.
 I believe.
 Proceeds of the sales were something like $400,000. Right.
 And the court decided a bond was not required, first because of the minimal amount that was deposited, and second, because it was deposited into Mr. Roots' own attorney's trust account.
 essentially no illegal equitable attachment.
 Snyder relies heavily on all seasons excavating however
 When the coal was delivered to Southern Illinois Power Co-op, a truck scale receipt was issued to the driver of the truck.
 at Harry, we introduced six different documents.
 The injunction was a wrongness, which brings me to the points on appeal.
 Of course, that statute requires Snyder to post a bond to provide defendant a remedy in case of a misdemeanor.
 As your honor pointed out, Mr. Rooksby did not produce a separate purchase order.
 I wanted more deposited in, but the court also acknowledged that if that's all that's left of it, $20,000, well, then you're going to have to pay for it.
 And there's an adequate remedy at law for that.
 Snyder were business partners in an LLC called Carbon Recovery.
 We've always contended that other remedy in the alternative to not dissipate.
 You're correct.
 And I disagreed with Judge Harrison when he did make the comment during his lengthy analysis that this was not a specific funds. I disagree with that.
 That might support an injunction saying you can't go out and sell more coal.
 The complaint alleges financial injury to the plaintiff by defendants conveyance of lots at a price less than set forth in the partnership agreement. Because the only relief requested by the plaintiff is monetary, injunctive relief is inappropriate and resembles a prejudgment attachment.
 And the letter also cites a case called Amre Insurance. But in Amre Insurance, there was a reinsurance contract that was at issue, and both parties owe payments under the reinsurance contract. And the question in the case was going to be whether the reinsurance contract was valid or not, and whether it should be rescinded.
 In short, none of these cases support the specific fond theory that Snyder has alleged. The injunction is erroneous for the reasons that I've stated.
 from making any further sales to Southern Illinois Power Cooperative, except through carbon recovery.
 I will explain, granted that injunction was erroneous.
 also asked for an accounting.
 And that's why you only order 50% of the proceeds be deposited into the account.
 And I touched on this as well.
 is in France.
 What other remedy can we have to preserve that asset that carbon recovery clearly has an interest in?
 So I've highlighted the facts that I wanted to highlight.
 And that's why the attachment law doesn't require that it be your property.
 skewed arose between Rooksby and Snyder as the operation of carbon recovery, and Snyder wrote Rooksby an email on May 21st of 2015 telling him carbon recovery would not be making any payments to anyone except to Snyder, meaning that there would be no further payments to suppliers or compensation for Rooksby. So
 Putting up the money
 I just wanted to highlight a few facts I think were kind of left out or glossed over.
 Indeed, in his briefing below, Snyder even stated that he should, quote, not have to wait for a monetary award. But that's just the point. Because a monetary award is available, there is an adequate remedy of law.
 The final point on appeals, the injunction is erroneous because it fails to preserve the status quo.
 Through what? Through the month of August 2015, as well as the truck scale receipts.
 The parties agreed prior to the lawsuit to put money in trust.
 to the extent that they had a deposit.
 matter if they're really not even appealing that issue.
 More down to 10,000.
 explain why we thought it was a specific crimes doctrine.
 saying I want you to deposit the $10,000 in the bank.
 In the case of Franz v. Calico Development Corporation that is cited by the appellant,
 Identify general ways services
 And as Franz and many other cases and other contacts point out, that is no basis for an injunction and is a violation of the law.
 Indeed, the cases Snyder cites for this argument are in a posit and have been criticized.
 One was the purchase order from Southern Illinois Power Co-op and it was given to General Waste Services.
 The first point is that the injunction is erroneous because Snyder has an adequate remedy at law.
 And again, the court felt that by depositing the money into Mr. Brooksby's own attorney's account, which essentially, you know, an assurity capacity, that the parties would be protected and the need for a bond would be unnecessary.
 the attachment is wrongful.
 we want to stop with getting a judgment for the balance.
 the facts of the case. Given the issues on appeal, it's not necessary to state the facts in great detail.
 How else can we, what other remedy do we have besides an injunction to enjoin Mr. Roosby from further dissipating a carbon recovery asset? Because he had it, didn't tell us, he diverted, our allegations are that he diverted the funds to him, but that it's a carbon recovery asset.
 So this is kind of a shell game. They say, oh, it's a corporate asset, therefore you
 then that's akin to the specific funds doctrine.
 And a bond is in case, you know, that they're wrong. But the bond is also attached or used before you're allowed for a hearing, entitled to a hearing.
 And the second district rejected the plaintiff's argument that the injunction did not concern a financial interest because it concerned the partnership assets, which were real estate. As the court stated, the plaintiff's entitlement based on the partnership agreement is to the profits in the partnership, not an interest in the real estate.
 of which this injunction does.
 to go contact these people. But such an allegation would not create the need or the irreparable harm for an injunction to pay money into court.
 is an appeal of the granting of that injunction.
 And I will reserve further argument until my reply time unless there are further questions.
 We do not appeal that.
 The third and final argument was that the specific funds doctrine applies.
 And later the judge said $10,000.
 And when at the second hearing in November, the November 16th hearing, which we also have the report of those proceedings, then
 So he took the strictest and narrowest approach that he could that would favor an equitable result.
 who is the court.
 for the same period of time.
 So they have a suit for them.
 So it was that $20,000 fee that they acknowledged through that accounting that they still had, that the court decided was a corporate asset.
 That's correct.
 And we would still have to sue for a money judgment, but the court is allowed to allow, the court can, has the authority to allow us to protect our own assets.
 He also attempts to compare this case to the Bowman case, but the Bowman case involved a uniform fraudulent transfer act.
 just for a period of time.
 like in accounting and things like that.
 specific funds are at issue in litigation and the
 My question is, is the 50% of the net sale proceeds referenced in paragraph B the same amount as referenced in paragraph C, which is to be deposited in the trust account?
 And it was held in their attorney's trust accounts, but the court didn't feel a bond was necessary because that essentially acts as the protection that a bond would have.
 the purpose that
 court abused its discretion when it enjoined Mr. Rooksby from further dissipating 50% of the whole proceeds, and whether it abused its discretion when it ordered that that same 50% be deposited into Mr. Rooksby's attorney's trust account.
 It does function as an accurate forecatchment.
 So a partnership is depleting partnership assets by selling vacant lots to an entity that's affiliated with one of the partners for less than fair market value and less than the price stated in the partnership agreement.
 First and foremost, even a trial court stated that the basis for its injunction was not the specific fund doctrine.
 one document.
 this case under invite.
 That's one of the.
 And again, I'm not going to go into the details of the statute, but I will say that the statute
 And it's an irreparable injury that would result in the protection of an injunction as the second criteria.
 that terminated, some that extended the time between General Waste Services and Kinder Morgan. And those access agreements is what allowed General Waste Services to even access Kinder Morgan's properties to remove the coal.
 Is there any kind of allegation that this breach of fiduciary duty would somehow permanently damage the relationship with their buyer, Southern Illinois Power Cooperative? I don't believe so.
 That is the question for the actual trial. At the end of the day, whether it's a carbon recovery asset or whether it was our asset, whether it was Rooksies asset, that's the final question on the trial.
 All right, let's take up our first case.
 Right.
 And those specific funds are in the, are part of the controversy here, that we're saying that he's dissipating them, that they're carbon recovery assets, and they're specifically related to the case.
 Illinois law forbids that verbal attachments.
 That's exactly what happened in this case.
 And of course, it's their burden on their injunction to prove that, and they did not.
 I agree with Mr. Petrie that an equitable attachment is a tough by-party to get around the statutory requirements for a free
 But even if he meant that he did, Carbon Republic clearly had an ascertainable right.
 And I think we touched on this earlier. An equitable attachment, it consists of an injunction prohibiting a party from transferring or using his or her own property.
 And so that's evidence that he was more or less playing off of the carbon recovery name to make this sale.
 Schultz, where the preliminary injunction restrained payment of escrow agent to a trust was proper to maintain the property in controversy.
 Please proceed.
 not taking away money from Mr. Rooksby. It was
 There's no finding of bankruptcy that
 In part of the lawsuit, Snyder also sought an injunction ordering that Brodsky be enjoined from using 50 percent of the net sales proceeds of his sale of coal from May 21, 2015 forward, which was the date that Snyder wrote the email.
 I knew it was kind of a silly thing to say, but I'm serious. I don't have much right now.
 It was a little scary at first being up against such a large successful company.
 Thank you, Claire.
 Belmont Day was founded in 1927 when Belmont was still a town of farms.
 In Roy's cover letter to Garo White, he stated,
 He said Roy did a great job in the presentation section of the interview with the problem the light board asked the candidates to analyze and solve, which was how to keep rates from going up while increasing the green energy portion of Belmont's power supply.
 Ballroom dance is generally done in pairs, pros, pro-am, or amateurs.
 He and I had worked together when he was on the BOS and I was on the school committee. He convinced Peter Holland, the superintendent, to undertake a collaborative form of bargaining with the teachers' union.
 We will return next week for another edition of Local News Happenings Around Belmont.
 Joanna Kate Suvalis.
 Here are three takeaways from this meeting.
 I look forward to fostering relationships with the local businesses in the area and I'm hoping to continue my relationships with my current customers while meeting lots of new ones.
 Caputo won the election with 2,106 votes.
 Issue number two, fiscal year 2019 supplemental requirements.
 Skelly's younger sister, Mary Elizabeth, was born with severe disabilities and passed away at age seven when he was 13.
 topping off ceremony held for new, quote, born.
 Having both of them would give Belmont Light a dream team, said Dash in an email to the Citizen Herald on April 10th.
 As the program went on, it became clear to me that dance is the art of how one perceives music and how one can express this with a given style.
 My hope is that I'll be at this location for another 30 years.
 Neko, which has been producing wafers since 1847, is Revere's largest employer.
 This moment is a long, long time in the making.
 I now want to declare.
 I want the receiver to feel the message that the giver is trying to get across. Over to you, Bob.
 Caputo sworn in as newest selectman by Joanna Kay Zuvalli.
 As the name suggests, dockless bikes do not require a docking station and can be parked within a defined area along the sidewalk or at a bike rack.
 Timmy Polson is a nine-year-old boy from Belmont who Skelly spent a few hours each week visiting.
 Sharing parking with the post office was tricky, especially around the holidays, she said.
 Three things to know about the Selectman meeting.
 I saw Avalon Dance and Fitness Studios Spring Showcase Anything Goes on the dance floor at a dancer friend's invitation on March 16th.
 passed away on April 3rd.
 Soon after taking over the shop, the franchise KaBloom opened nearby in Belmont Center, which was competition for Haverdy.
 I tried my hand at cake decorating, which I really liked.
 a clear signal of panic buying.
 The team asked for the delay on Wednesday in a letter written by Red Sox Senior Vice President David Friedman.
 She said, it takes a lot of time and energy to get Timothy to come to truly recognize somebody.
 just search for the Belmont Media Podcast Network.
 The program of 26 numbers was comprised of a variety of styles from cha-chas, tangos, and quick steps with comedic choreography, to waltzes which displayed the simple beauty of the style using the entire floor.
 How did you get into the floral business? It took me a little while to find my passion.
 He married his high school sweetheart and raised his own children here.
 I love doing weddings and events.
 However, some Warrant Committee members have accountability concerns with how the Trust will use and allocate their funds.
 As their friendship blossomed, Timothy would light up when he heard his best friend Bill come into the room.
 A Sugar-Induced Stampede by Steve Anear
 The Commission reset the vote for April 26.
 Current acting general manager Craig Spinelli was also a final candidate and publicly interviewed on April 9th.
 The show began with a brilliant group dance to the Cole Porter classic, Anything Goes.
 officer hours, tree trimming, a council on aging, social worker, a school resource officer for the Chenery Middle School, and rodent control.
 The system will use dockless technology.
 The barn will enhance the experience of our current community of 274 students. Our plan for middle school enrollment growth calls for a gradual increase over four years, adding 30 to 40 in total new students to the community, said McQuilton.
 Skelly leaves behind his sons, William and Christopher, daughter Mary Elizabeth Fiengo, seven grandchildren, and his sisters, Barbara Skelly of Belmont and Kathleen Mellons of Waltham.
 Thank you, Claire.
 That's what really drew me to working at Paradise Flowers originally. What appeals to you about the new Cushing Square location? The new location gives me the chance to be a part of this new Cushing Square.
 The Warrant Committee discussed and voted on proposed Community Preservation Act.
 Skelly began an initiative called the Community Friends Project, designed to encourage teenagers to donate some of their time with people living with severe disabilities.
 Leo Lillio said he didn't completely agree with the new policy, but seconded the nomination for Dash to become the chairman.
 One of his key interests as a selectman was to have a senior center in town.
 We also now have online ordering.
 I knew I wanted the freedom to create the designs I loved, to be able to meet the customers and build relationships with them and be able to support myself doing it," she said.
 I knew little to nothing about ballroom dancing, but my first dance show experience was far beyond my expectations.
 Skelly lived in Belmont for more than 50 years.
 Necco sales spiked more than 50 percent. Necco wafers are up 63 percent, the company wrote in a blog post.
 Then I worked in an office setting for a while, but found it didn't suit my creative side.
 He wrote that the Red Sox, under current owner John Henry, remain committed to restoring the city street to its original name.
 Listen anytime on the BMC Podcast Network on SoundCloud and iTunes.
 The moment the pair, who had been swinging slowly, began sliding across the floor along with the surging music was breathtaking.
 invested this time and energy.
 I knew I had an artistic eye for proportion and design, but I didn't know exactly how I would use it.
 Bill was a true Belmontian. He grew up in town and was a high school sports star, went to Harvard, and became a successful businessman.
 This is especially true about weddings and special events that I provide the flowers for.
 Before the project is taken to town meeting for a vote, the committeemen have suggested drafting a contract that lays out how the trust will be using their funding.
 His head would turn and his expression changed as he often would reach for Bill's face.
 Katie Samuels has fond memories of eating Necco Wafers.
 The request by the Red Sox comes after an emotional public hearing last month in which long-time power brokers such as philanthropist Jack Connors and former Red Sox CEO John Harrington argued that Yawkey's substantial charitable works should be given due consideration during the ongoing debate.
 Discussions are ongoing. Issue number three, housing trust agreement.
 The Belmont Light Board unanimously voted in favor of appointing Christopher Roy, Concord Municipal Light Plant's current assistant director as Belmont Light's new general manager, subject to successful negotiation of a contract following his public interview on April 9th.
 The building may have a modest exterior, but take one step inside and you are greeted by a large staircase, and past the black door at the top you will find a spacious ballroom.
 And now over to Max.
 The select men held a moment of silence in his honor at their meeting.
 The multi-town bike sharing project would connect 16 Boston-area communities, including towns such as Lexington, Newton, Waltham, and Watertown.
 That's really just bursting with possibility.
 Now here's Max.
 CPA project at the April 4th meeting.
 Both the Board of Selectmen and the School Committee supported the concept.
 Dash said there would be three simple rules. No drama, be respectful, and don't waste anyone's time.
 He was a joy to work with and a calming influence in many stressful moments in town government.
 My focus is on giving it the same welcoming feeling I had over at Concord Ave, and I really think it's coming together beautifully.
 But I also knew they would have challenges.
 I offered to trade my 2003 Honda Accord for all of their stock, she said, by Telephone Tuesday.
 Belmont Day School initially began operating at All Saints Parish House on Clark Street until 1932, when it outgrew the church facilities.
 Belmont would be a great fit for me because Concord and Belmont are essentially sister communities.
 And now over to Max.
 and he participated with us," she wrote in an email.
 Lightboard Chairman Adam Dash said both were great candidates, but only one could get the job.
 As MC, he was also an essential part of the program.
 Paradise Flowers moves to Cushing Square by
 It was the first full meeting for the newest member, Tom Caputo.
 It's such a great area with a lot of character and now it's buzzing with new life. How will your new store be different from prior location? The new store is bigger, brighter and more up to date technologically.
 He said running uncontested gave him an opportunity to have more of a listening campaign and hear residents' concerns about the town budget and capital projects.
 The selectmen did not vote on any fiscal year 2019 supplemental requests.
 In an interview with the Citizen Herald two years ago, Skelly credited his sister for inspiring him to help others.
 Mr. Spinelli has done a great job as acting GM, and we really want him to stay.
 The music had a lot of variety, from standard numbers to some ethnic tunes.
 Belmont Day School held ceremony to celebrate construction of the new building.
 In March, NECO Chief Executive Michael McGee notified the state and Revere Mayor Brian M. Arrigo that 395 workers could be laid off if the candy maker can't find a buyer.
 I want to be coming in, seeing my customers, and helping them spread happiness through flowers until I'm very old.
 That's always my goal.
 And there are some people who have been thinking about this barn and believing in it for as many as six or seven years," said Headmaster Brendan Largay.
 Thank you, Bob.
 With his wife, Sarah, and twin daughters, Jane and Allison, by his side, Tom Caputo was sworn in as Belmont's newest selectman on the morning of April 4th and immediately attended his first official meeting of the board.
 Members of the Board of Selectmen said they believe it is a great way to reduce the cars on the street as well as a great way to make biking easier and more accessible to the community.
 He was born with a micro deletion of his fourth chromosome, which causes him to be severely disabled.
 She also believes parking in her new location will be better for customers.
 max.
 CandyStore.com is calling it the great Necco wafer pan.
 Whenever I saw them, I was moved. The color and vibrancy of flowers, the way it brightens someone's day and lifts them up, even if just for a moment.
 Dance Show Elicits Many Emotions by Mayumi Miura Motoyama
 William Skelly, who served as a selectman for two terms from 1994 to 2000 and was very active on the Veterans Memorial Committee and in Belmont's Church of Jesus Christ of Latter-day Saints,
 Watch and listen to the Talking News every day at 12 noon and 6pm on Channel 96 Comcast Xfinity and Channel 30 Verizon Fios.
 Watching such explosive joy emitted by the ten dancers with bright smiles and dazzling costumes made my heart skip a beat.
 The decision by the Commission came at the request of the Red Sox organization, which has formally asked that Yawkey's name be stricken from street signs and that the street return to its original name of Jersey Street.
 He always remained actively involved in the town, the school, sports, and local politics.
 making sure the bride or honoree has the freshest, best selection of flowers and the most creative designs.
 by Joanna Kay Zovellis.
 News that the company, they're also known for such old-timey classics as those tooth-hugging squirrel nut zippers and crunchy sweethearts, could close by May allegedly sent people from across the country into Twinkie hoarding mode.
 Thank you, Bob.
 Roy has been the assistant director of the Concord Municipal Light Plant since 2013.
 Thank you, Bob.
 Sometimes he'd click his tongue in excitement, she said.
 Now on to the talking news.
 To learn that such high-level performances were being given at a local town studio was a pleasant surprise.
 At the April 4th meeting, the selectmen voted to reorganize the board with Adam Dash becoming the chairman and Mark Paolillo becoming the vice-chair.
 We remain committed to our petition and do not seek to alter it in any way," Friedman wrote. But, he wrote, the Red Sox wanted the panel to postpone Thursday's hearing for two weeks to give the commission, quote, ample time to review and fully consider the substantial testimony and any new material that has been received from the community, unquote.
 It's really exciting to be a part of that.
 They said a nice older woman called and wanted to buy 100 pounds of wafers.
 And the field house is sized for two side-by-side dual-use basketball and volleyball courts.
 He also coached youth sports in Belmont for 20 years.
 After a brief discussion, the selectmen decided it was best for a member not to be chairman for their third year due to the time it takes to run for re-election.
 The committee voted unanimously in favor of the Housing Trust Fund.
 Ann Marie Mahoney, Capital Budget Committee Chairman, succeeded Skelly on the Board of Selectmen.
 Of course, the pair of professional dancers, Jess and Kamar, were particularly exquisite.
 In 1933, the school's executive committee purchased the stone cottage, which is currently part of the Belmont Day School Library, said McQuilton. The barn, estimated to cost $11.5 million to build, is expected to be complete in late November.
 His parents were active seniors and he believed they deserved a dedicated space.
 So if that's how you like to order, you can still do that, and still know that it's coming from a designer you know and can trust to get the message just right. What do you love about what you do? The best part of the job is definitely working with the clients to help them create custom designs.
 The new building is referred to as the barn as a nod to the school's history.
 Roy has a Bachelor of Science degree in Electrical Engineering from Tufts University and a Master's in Power Systems Management from Worcester Polytech Institute.
 The secret to her success has been choosing the freshest flowers, finding employees who are willing to work long hours at the holidays, and are as passionate about flowers and people as she is.
 She reached out to candy wholesaler, CandyStore.com, to try and scoop up as many packages of the iconic sweets as possible.
 Along with my colleagues, Claire and Max, we thank you for listening to The Talking News and hope you've enjoyed the show.
 Ten applications for the position were received and five candidates were interviewed by the screening committee on March 24th.
 The master of ceremonies that night was professional Brad Morrison.
 Vote delayed on Yawkey Way name change by
 lives he touched.
 Paradise Flowers, located at 415 Concord Ave. in Belmont Center since 1987, has moved to 454 Common Street in Cushing Square.
 Number one, regional dockless bicycle share program.
 They are prioritizing funding for existing veteran services.
 Bullies do not understand this, but we must help them understand this true meaning of happiness in our lives," Skelly said.
 At the end of July, the Belmont Light Board voted not to renew the contract of Jim Palmer, who served as general manager since 2010. Spinelli was appointed as the acting general manager by the Belmont Light Board.
 However, Thomasina Olson decided to give residents another alternative at the last minute by running as a write-in candidate just days before the election.
 for whom the street was named in 1977, owned the team from 1933 until his death in 1976.
 So when the 23-year-old Florida resident learned recently that the Revere-based sweets manufacturer was at risk of closing down and laying off hundreds of its employees due to financial insecurities,
 He clearly has a passion for public power and the experience in working on substations, solar institutions, installations, excuse me, and green energy policies.
 Every number's choreography was finely crafted to fit the specific dancer's skills and personalities. The audience applauded and called out not only at the end of a dance, but whenever an impressive technique was pulled off, which encouraged the dancers even more.
 There was a lot of exhilaration in the year as students at Belmont Day School gathered together the morning of April 9 for a topping off ceremony to celebrate the construction of the new building, which is being referred to as a barn.
 I have had a lot of success aligning the Concord Light Plants activities with the community's goals and welcome the opportunity to do the same in Belmont," said Roy in an email to the Citizen Herald.
 So I was like, I've got this car and I want all that candy.
 The Belmont Citizen Herald recently had the opportunity to meet with Haverdy and talk about her business.
 The contrast between each piece kept the audience's attention.
 The Selectmen passed a motion to sign the Memorandum of Understanding to facilitate collaboration with the management of the regional metropolis bike-sharing system.
 Catherine spoke about his relationship with her son at the memorial.
 Thank you, Max.
 Poverty took over Paradise Flowers in 1999.
 Angela Toma.
 and I was immediately captivated by the charm of ballroom dancing and the passion of the performers.
 According to Belmont Day Director of Communications, Corrine McQuilton,
 Roy worked for NSTAR Electric and Gas as a substation operations supervisor from 2005 to 2006.
 Desperate times, as they say, lead to desperate measures.
 I know from experience the hours that you have to put in to make a successful flower shop. It's certainly not a nine-to-five for me," she said.
 Back to you, Bob.
 The committee then narrowed it down to three candidates to be interviewed by the light board, but one dropped out.
 He warmly introduced the dancers with their recent achievements and cleverly connected the numbers with his cheerful speech while talking to the guests.
 by Milton J. Valencia.
 Owner Christine Havarty, who has lived in Belmont her whole life, said moving was a difficult decision, but she wanted to make a fresh start in a new space which is actually closer to her home.
 At the end of last year, the Metropolitan Area Planning Council, MAPC, announced a project aimed at bringing a new bike-sharing network to the Metro Boston area.
 morning of April 4 with newly elected member Tom Caputo and honored him with a proclamation at their April 9 meeting.
 Garou White, the same search committee used to help hire town administrator Patrice Garvin, was used to help with the Belmont Light General Manager search.
 State aid is not finalized and the selectmen cannot hold a vote before then.
 She taught me the true meaning of life. True happiness in our life comes from helping those in need.
 Caputo ran uncontested for the three-year seat.
 But some members of the city's black community, including State Representative Byron Rushing and Tanisha Sullivan, president of the city's NAACP, pointed out Yawkey's reputed bigotry.
 chalky, multicolored candies made by the New England Confectionery Company. As a kid, Samuels and her siblings would play church at their grandmother's house, placing the circular treats into their mouths as if they were taking communion, she said.
 It was a close call, but the vote was unanimous.
 I am sure that the more one knows about dance vocabulary, the more one can participate in the show.
 Joanna Kay Zovellis.
 sustainability initiatives, our infrastructure and our light plant organizations are all very similar.
 And that's a long time off," said Haverdy.
 So maybe they would consider it.
 There is no cost to the municipality for participating in this program.
 Timmy's mother, Catherine, said there seems to be an immediate bond from the moment Skelly and Timmy first met four years ago at church, when Skelly introduced himself. Skelly was honored at a memorial service at the Church of Jesus Christ of Latter-day Saints in Belmont on April 9.
 The characteristics of the styles could be understood very distinctly even by those without any dance experience, such as myself.
 Over to you, Bob.
 Each piece of the program, featuring both professional and amateur dancers in various combinations, were beautifully crafted and
 I had worked there for four years before I realized that I had a head for the business end of the industry too.
 The Belmont Board of Selectmen met on April 9th.
 My grandmother Tilly was a painter, and she painted these gorgeous, award-winning paintings of flowers when I was growing up.
 The business claims sales of wafers have jumped since the Globe first wrote about Neko's financial troubles last month.
 Thank you, Claire.
 On election day, many Belmont residents were sad to learn the news of a dear friend and dedicated town volunteer who touched many lives passing away.
 It can also be heard Mondays and Tuesdays at 4.30pm and Wednesday at 12.30pm on Channel 9 Xfinity and Channel 29 Fios.
 Next on the program was a graceful waltz.
 The city's public improvement commission Thursday postponed its vote on a request by the Boston Red Sox to remove the name of former Red Sox owner Tom Yawkey from the street alongside Fenway Park because of Yawkey's reputed pattern of bigotry.
 Former Selectman Bill Skelly has passed away.
 Bill was a positive, upbeat, let's get it done kind of guy.
 But I also truly believe that receiving flowers is still a special and exciting occasion if you use a designer who cares about what they're making.
 The Wall Street Journal reported this week that candy connoisseurs have been maniacally calling up distributors, asking to buy candy in bulk.
 And over to Claire.
 And now over to Claire.
 Sometimes Tim would smile and chuckle.
 Prior to that, he was the Interim Communications Coordinator for Concord Municipal Light Plant from 2011 to 2013, Engineering and Operations Manager from 2010 to 2013, and Electrical Engineer from 2009 to 2010. Before joining Concord Municipal Light Plant,
 new GM for Belmont Light appointed by Joanna K. Zavalas.
 The studio is located at 345 Trepelo Road, Belmont.
 He said he would like to make revenue a priority.
 Henry and his wife Linda Henry also own the Boston Globe.
 Emails by the hundreds about NECO-branded candies came rolling in. And then, of course, a young woman named Katie contacted us offering to trade her used Honda Accord for all our NECO wafers.
 There are so many improvements happening and new development coming in.
 The building will add arts, athletics, and academic spaces to the campus and includes a wood shop, an innovation lab, two art studios, general purpose space, offices, locker rooms, and reception areas.
 He also served on the Warrant Committee, was a Town Precinct 5 Town Meeting Member, and key player in fundraising for the Beach Street Center Project.
 There will be a new policy outlying the rotation for selectmen to depoliticalize the chairman and vice chairmanship.
 It was amazing that even on the up-tempo pieces, viewers could still see each pose clearly, and they were constantly sensing each other's presence without the need to look.
 One of the projects is a housing trust agreement that would establish a housing trust fund to support affordable housing options in Belmont.
 a let's get it done guy.
 His early work led to the eventual construction of the present Senior Center, continued Mahoney.
 Each person has their own aesthetic and I work with them to design arrangements that fit their style and personality.
 Our parent came upon a little stone house in the big field that offered expansion possibilities in a country atmosphere.
 to the interview.
 questions.
 And then the second thing, the more impactful one, would be that they're looking at how they can mimic or go back to some sort of distribution or dispersion of the flights back to the way they used to be when we never had any problems.
 We talked about this in our last meeting.
 Thank you.
 I think part of, I mean, to me, the frustration I've had with our licensing process is that a lot of discretion, perhaps that's fine, but we seem to just have, we came up with this position and point of view just as part of a meeting and then it became somewhat, that's the condition we're going to apply, even though it's not part of any regulation.
 No, I've done this before
 My pleasure.
 So anyway, congratulations to all of the girls that participated in that terrific win.
 forward to discussing.
 I think that's it.
 So we're concerned about Bartlett because nothing is happening with that sidewalk.
 It may be that that's just a temporary solution until they put the concrete in. I don't know.
 It's online, you can go to Brendan's Home Run.
 seems to be some desire to do that.
 It's just like the Cathay Pacific flight at...
 Okay.
 Of the four proposals we received, we are recommending the Selectman interview two of the firms, Municipal Resources, Inc., and Grew White Consulting.
 He's taken on a fortunate experience in his life and his family's life and turned it into this wonderful organization that raises a lot of money within our community and gives back, especially to the athletic programs and the fields and things of that nature.
 This is to be real about it, right? That's because of trees and tree roots and things of that nature.
 They went and did part of the work.
 And that's how the, we have three designees who are on that group with 12 representatives from the MSBA.
 Well, I'm not coming over the top.
 I think the point being, if we're going to give up permanently two parking spaces for loading, then that's where they have to load.
 Really.
 Those are the rules, those are the rules.
 We may like one of these two quite well, in which case... Not saying we wouldn't.
 EDF.
 I ran H.R. for a major fortune 300 company for several years.
 No way you go to bed and get up and try to make a pie. I'd be crazy. The time difference, I'd be awful.
 I'll just throw my two cents in because I won't be here Monday.
 Adam
 So it'll be better, but it won't be great.
 That's hard to do, isn't it? And the big one.
 I'm experiencing it every morning.
 I'm the chairman of the board this year.
 Chair.
 So that and then you know we've talked before and you've informed us that you know we also have they did not submit a proposal the Collins group right? Yes they decided not to propose.
 And I wanted to revisit the liquor licensing regulations anyway, as you noted, about requiring that applicants be paid up with the town and the light department and that the notice provision. I know this is your area, so. But the lottery sales for places that have liquor
 I just don't want there to be an appearance of any impropriety. I saw the article. I didn't understand and I appreciate you sharing it, but I was trying to understand the point of getting it.
 That particular road serves a major bus station at the end of the street there on Trapello
 So for the 2016 payment management money, several roads, including Sharp, which we are aware of needed help.
 People need to respond back by July 7th. Yes, that's correct.
 that just because we have the CPA money, we don't have to spend each, all of it every year.
 Well, there you go.
 I think we have to get chair comments.
 Do not know.
 And then the implementation could take place in December when the renewals came before you.
 we'll think about it.
 That was a big bone of contention with all the neighbors, that we're essentially asphalting all the potential pedestrian buffers and asphalting, essentially, its previous condition.
 But if we choose one over the other and find out that one is double the price of the other one,
 It's important for the CAC to keep pushing.
 Absolutely.
 First and foremost, this board wants to recognize the Belmont Girls Rugby Team.
 It doesn't have a date on it.
 However,
 We've done any number of things.
 Where's the end here? It's just an ongoing, continued dialogue. We certainly need to continue to have our voice here.
 We're going to be doing the interviews soon.
 behind so apologize for that.
 zone, loading zone, having it painted, no parking at all.
 I think it's just expanding.
 Absolutely.
 committee for four years now? Almost four years.
 So it was also sent to the Collins Group and they declined to submit a proposal to you.
 He's now a police officer in the town.
 second.
 at 5 30 in the morning.
 Welcome to my home.
 And then the contractor, I guess, controls the timing of which street they do when within the whole contract.
 I don't remember what the. They're all.
 Thank you.
 Questions from town residents? Some that showed up here now.
 funding last year is there's a report that I don't know if it's quite completed yet but didn't we an assessment of the sidewalk conditions to
 should be telling their vendors that there is a loading zone and you have to unload that.
 I apologize. Thank you for hanging in there.
 the end until you rank them.
 It's an early morning flight, yeah.
 I think what's important
 So from Myron Castle.
 didn't have five searches.
 regulations in the book.
 I wouldn't be if I was here.
 The Meet Belmont event this year is being held on Tuesday, August 29, 2017 from 6 to 8 p.m. at the Chenery Middle School.
 The meeting was revised.
 not as fully addressed as people would like.
 A former colleague of mine on the board was on the shade tree committee.
 That's all good.
 Yeah, and it's like the committee appointment rules, too.
 I thought you were trying to be careful about making certain that she led this effort. She is leading this effort. That was my point.
 I walk to playground to school for over probably 12 years now, daily on Bartlett, up and down.
 that if you slow down the speed to 180 miles an hour, that airframe noise goes away.
 We couldn't do the work that we do without all of the volunteerism on these committees.
 Thank you.
 And if we decide from getting committee chair feedback that we want to tweak it, I'm perfectly open to that.
 I don't know that that's the final decision.
 Who's that going to be? Some very thin, very fat.
 And they also give people an idea when they say, how do people get on committees? You can point them to a procedure, because right now, there just isn't one.
 So the discussion is sort of open right now.
 I can't vote on them because they're prior to my time.
 1 and 2, and then you would begin negotiating the price with the first one.
 It was determined in our review that those two firms did not meet the minimum criteria.
 So we don't really have that option.
 I think that's right. It's the dash.
 I'm wondering if maybe, I mean I know the chairman isn't here, but I don't think this is terribly, you know, controversial if we could vote or just ask to submit this draft that we have here.
 working on this.
 So when do you have to get to the airport for that one? No traffic, right?
 And that's why there are people who are frustrated because they park there and they have to have enforcement by the police of other trucks to double park anywhere on Leonard Street during the day.
 We're hoping to just change his behavior, not as many cars cut through, but it's just a convenient community. Access points to Cambridge and to other parts, Watertown, Lexington, it's a cut through town.
 links to the updates if residents want to take a look.
 and submit here.
 And I think that, again, the Logan CAC may be disbanding.
 It's just the process.
 So go through a couple of highlights just on the current events.
 Okay, that sounds good.
 I'm playing with that's correct sidewalks Adams that curbs. I mean there are not even curbs on some of those I
 Apparently the high school kids, after the all night party, they all sort of go down to Adams for breakfast.
 Yeah, they're not.
 I agree. I mean, I've known you for a long time and I'm not surprised by those comments.
 I mean again the evaluation committee has done the full evaluation which is why we're just as you did for the community path you rank them one and two and three and then one and two and then we open the price proposals
 Yes, his memo was the... No, I understand the litigation is... the appeal that's taking place.
 Okay.
 Paul Free Square? Yes.
 you.
 but obviously it had to be Belmontized, if you will.
 This is the first year the girls rugby has been a recognized MIAA sport.
 We appreciate it.
 taxes go up to a point where you start to expect things.
 It's a major, Violet Street, major problem.
 At night. At night.
 would also know that we'd taken some action even though the implementation might have to wait a little bit.
 I'd like to read all four of them.
 first and then get the paroxysm.
 these are pictures that are looking north and south on Sherman and
 Anything further? All right. Motion to adjourn.
 So again, Aaron, congratulations on your success.
 be happy to provide that report to you if you don't have a copy of it.
 And I guess here we are.
 Okay.
 if in fact you, and it is a factor in terms of making your final decision,
 So again, we're recommending that the selectmen review the two proposals.
 And so getting Arlington, Cambridge, Watertown, not just Dave Rogers, but Representative Hecht and Sean Garbally over in Arlington and other people, I think has helped tremendously, as well as the citizens group, the Boston West Fair Skies, that expanded from quiet Belmont to being more encompassing.
 Thank you for your efforts.
 Sure
 We have a humongous amount of traffic just because of that.
 It's an involved process so
 You could go to
 It's a good rate, ma'am.
 for girls and boys.
 starting to mean before then, but you posted it January 45.
 One is to have rules at all, because if someone ever complains that they were not appointed to a committee or something like that, and they say that they were treated or discriminated against or mistreated, we can point back to some rules that we followed that are clear and public.
 know what they're doing their best and you know I'm not suggesting they're not doing this but there can't be any sort of consideration
 So I think we are going to see increased utilization of all runways.
 We do not really doing any improvements.
 Do we need the regulations in place and vote on that before we can reconsider that position, or can we reconsider that position and then put the regulations in place?
 served Belmont very well in the last two searches.
 We review them and we see what we have.
 There's also a housing trust meeting. I don't know if you want to talk about that. Oh, was that in here? That was last night.
 I need to make this statement about the conflict if I may before we do that.
 read the proclamation and congratulate this incredible performance.
 And I'd be willing if the neighbors would like when Glenn is back to have a neighbor if you want to and all of us are just one of us have a neighborhood meeting at me
 and that will be coming up live shortly.
 I know that's being addressed with the pavement management.
 My name is Kate Bowen. I live on Bartlett Avenue.
 I just looking at that you just heard that yeah
 Thank you.
 I think I would always take that into consideration.
 I think everybody's got a copy of it. But in case people weren't aware, this runway handles about a third of the arrivals.
 So, um, so I'm fine with what you're recommending, but I hope you hear him.
 I think it would be, I've been telling anyone I can, if you want to get involved, and I say it to the people on TV, if you want to get involved in committees, this is the time to do it because the applications are open. And go online on the town website, you can fill out the form, submit a resume.
 They're the first champion. The first champion.
 And I know that the police, I appreciate the fact that there's limited budget for maintaining streets, but I do work with cities and towns across the country doing this kind of work and painting, striping the streets just to even give it a more narrow look has been shown to reduce speed.
 neighborhoods are getting fed up.
 That's a lot of cars.
 No, it was timely, is essentially where that came from, and I just thought it was worth sharing.
 agenda that's been posted.
 It wears so many hats.
 to. Right? Right. And so we can ask Susan to send out a meeting notice that week if you want. I want
 And again, they can
 So...
 Thank you.
 haven't voted on who you're going to hire.
 And then there will also be three configurations within each of those to look at.
 I think that's right, Adam.
 won't go on to the streets but it does seem like there's some information that needs to be shared about what safe routes to schools is.
 Because when I look at 2017, 2008, nothing pops out at me more than Bartlett, which was on the 2016 list.
 And so you would need to go through the process and determine whether one of those firms meets your criteria.
 The last thing that I'll mention is that we did try a little bit of an experiment.
 seen trucks there double parking when I'm out there.
 The runway that affects Belmont, Arlington, Cambridge, Medford, Somerville is typically used more in the winter months because of northwest winds.
 The committee consisted of myself, Jessica Porter, the HR director, Glenn Clancy, community development director, Jay Marcotte, DPW director, as well as Brian Higgins, our HR generalist.
 I'm going to, they're parking onto the pedestrian right of way and we know that the enforcement is limited. We have limited ability to enforce.
 We're looking at driveway skirts that are being treated with asphalt.
 square.
 There has been, there is a response.
 I don't see any questions from town residents.
 I followed you from committee to committee to here, you know that.
 So I'll try to be efficient, since you've got a lot of things on your agenda.
 I think what we'll do is give some guidelines in terms of questions that would be asked of both firms.
 do. The loading zone, that was a wonderful idea because we can't have trucks double parking on Lennon Street. So we're going to discuss that on the 19th.
 Probably one of the densest neighborhoods in town.
 We've got John Nucci, who is representing the Massport CAC on the Massport board.
 I'm concerned about the tobacco prohibition than I am about the lottery.
 I was on the search committee that the most recent time that brought David Kale here.
 Too bad.
 town.
 Amen.
 Sorry.
 and then how the votes happen.
 If there's an opportunity to do more here, then let's think about it.
 Oh, no.
 Thank you.
 Some neighbors have opted to pay in for curbs, including myself, but nothing else is being done.
 we spend our money on sidewalks.
 We got our rankings. They interviewed them.
 Thank you very much.
 Oh, God.
 I'm not trying to be difficult.
 support that.
 and you also see whether they're doing sidewalks.
 So that is one of the things we carry on your agenda, and we'll keep it in front of us.
 Cardboard recycling will be taking place on June 24th from 9 a.m. to noon at Town Yard, 37 C Street, Saturday, June 24th.
 taking out concrete sidewalks, but they are replacing them with asphalt.
 we can move right into, unless there's any other community announcements. Do you have anything further? Are we doing any? Oh, Brenda's home run. Phyllis, it's not in here. Oh, the.
 you know, getting worn out by it.
 And then if you, that is the statutory procurement for the request for proposal as opposed to an invitation to bid.
 We've completed our process.
 We don't have a lot of trees.
 I mean, in theory, you could, unless you wanted more time to digest it.
 And we're getting more of them now they're coming back and yeah, but it will be a you know an issue especially to people who? Moved into those neighborhoods in the last four years that didn't have airplanes, but
 And I frankly think it would be a serious mistake if we did not.
 consideration by the board.
 All in favor? Aye.
 get in comment and if
 Many times there's no room on these committees.
 More traffic has been pushed to 33L because of the runway. Right, 33L and all other runways.
 You had an interview?
 The issue is that you've got a process that's in place that's
 It's not as easy as just buying a meter.
 Arums, coffee shop or diner, it's a good place.
 and it was a really good turnout of parents, maybe even a little bit more than that.
 working on this issue with the various people who are frustrated. We have sidewalk funds as well, right? So if this is Safe Routes to School route, let's look at whether we can prioritize that sidewalk replacement as part of the payment.
 Here you go.
 I started in the traffic advisory committee.
 But that's why I'm suggesting the Traffic Advisory Committee, because they're more into the technical stuff than we are.
 And it's been, I wouldn't say replaced, but the legislature formed something called the Massport CAC, which is now really being looked upon as the going forward.
 I'm not saying you're not.
 But make it just a loading, just make it loading zone, no parking period, so there's no confusion.
 And we saw the results, first results of that back in February.
 And there were 38,501 cars reported coming up and down Walnut Street during that time.
 I went to the Vision 21 implementation committee recently, one of their meetings.
 read a proclamation that
 Are these proposals fee-blind at this point? We have opened the price proposals.
 loading zones on Leonard Street and they are currently posted for dual usage.
 The community is now complaining that their airplanes are over.
 You didn't deliberate your decision in front of them.
 if they don't deal with it.
 moving to a 25 mile per hour, which townwide.
 issues perhaps.
 It may seem frustrating, keep at it.
 on the interviews who we grade, then after that we get the pricing.
 So you would rank them, then you would look at the pricing, and then you could determine if you... Why would I rank them before I have the pricing? Because the... That doesn't make any sense to me.
 And then there's also, as you know, some infrastructure financial support through grants.
 point they're all complete.
 me nine evaluations to do, and then evaluate.
 more that this board can do to support the effort? No, I think that the key to what we've been able to accomplish I think has been to do it on a regional basis.
 because if you, if one price is exponentially higher than the other and it's for the same service, then you would have to, and you, then you have the option of going with the second firm because the pricing is a factor. But it's the last factor.
 I did also give a copy to Selectman Williams before he departed. We can get copies of the other two as well? I mean, we can provide you copies of the other two, but they're not being considered.
 I'll follow up with them and have a report out the next meeting I will be at in terms of CIPC, in terms of where we stand.
 Several of our department heads participated in that walk.
 I think you're sharing this with each of us, right? Yes. One for you, one for me. Thank you.
 There's a driveway apron that's cement.
 We wrote a nice proclamation and we congratulate him.
 We ran for right anyway
 revised.
 So I think that helps insulate us in that regard.
 from girls and boys.
 And I think that nobody mentioned that it's not just walk to school street, but it's also walk to playground and huge field street.
 I've been trying to get it on the agenda for a while. So it's yeah, I mean, it's just the town meeting sort of Has taken a lot of our time. Yeah
 to live in Somerville years ago, you could tell it was 1145 because the FedEx plane went over.
 decision.
 Please thank.
 strike the prohibition or whatever the language would be.
 Franklin was here.
 Maybe down at the school or something like that.
 I'll talk to the state.
 All of the departments have signed off on the application and it's good to go, pending your approval.
 It's the current regulations. There's an expansion of a warning license component that you're going to look at perhaps. But is there a more immediate decision on the moratorium we've placed on retail sales of alcohol and not selling tobacco and lottery? I don't think the tobacco plays a role.
 So they were a thoroughly professional operation.
 But that being said, I don't think it, for me at least, excludes them for consideration at some point if, in fact, we decide or I decide that neither one of these firms matches the same experience level as the Collins Center.
 I'm just dropping something off.
 I think we've got direct flights to 60 international destinations and they're just expanding that further.
 And there's a zero pedestrian safety at this point, even with this new reconstruction that happened.
 Take care.
 I don't know why that would not be shared with us.
 I'm sorry.
 Stop.
 We can't hear you.
 I just brought a few pictures for you to see.
 The streets in horrible, horrible condition.
 There's going to be a new website for the high school building committee to inform the public so they can see where we are and to be a place to post news and updates and plans as we get them.
 Clearly have not.
 Yes at 730
 Right now we have this huge issue of people essentially moving toward our little cut through streets and Bartlett is extremely afflicted.
 I think we'd have to.
 Yeah.
 So two things.
 And I just want Walnut Street to be considered.
 And you don't see that on a lot of the committees.
 Great.
 And I know you're looking at best practices as well, and that's important.
 It's both a state organization and a national organization.
 I mean I didn't know when I wrote to Glenn about this similar issue that he said that the safe routes to school streets are ones adjacent to the school like sharp to Burbank not ones that are near the school more like Bartlett however
 feasibility study will have to require all three grade configurations that were in the enrollment report that you had signed when you were chair.
 Okay.
 So I think that if the best thing is that if we want additional noise measurement, it's probably to request that from Massport and they can do that.
 just ranks them based on an interview you have.
 came across as highly advantageous on all points of the comparative evaluation criteria.
 Arams and there's quite a feast for lunch so that was terrific celebration.
 for one more suggestion as you think about those. Trees and siding trees are sort of the last measure to make sight lines that prevent people from parking up and
 There's a lot of inequality, basically.
 That's it.
 And so basically what's had to happen is that that traffic's been spread out to other runways.
 So the RFP evaluation committee has completed its process.
 They clearly have met the minimum criteria.
 I think David, when he was here, supported and Phyllis helped out in spending $500 to get a portable noise meter.
 I understand that there's tickets that are giving out or there's postings or the police are there, you know, maybe it starts to change some behaviors
 basically have kind of built a state agency from scratch and are now getting to the point where we've made some proposals to Massport.
 Not something, not an anniversary to celebrate, but this marks the fourth year since the flight path changes.
 And then some questions, of course, might be a little off the map because they'll be specific to the individual proposals. But I know one of the things that we did on PAIR, I think on the CAPIC, if you can help me understand this, is that we were very careful to ensure that we asked the same questions of the same... Right.
 I won't be here, you know that.
 Understand it is not to the extent that folks would like it to be but we you know, we're Trying to manage within the manage it within the plan Because we're trying to be sensitive to where the funds have to go and what it costs. Okay, you
 have any community announcements Phyllis we do they're in the flap of your book
 CPA committee with you.
 to what other time of year is that? That you're running into traffic.
 So I am not going to be voting or deliberating on this license at all.
 It codifies pretty much what we kind of do right now.
 I don't think there should be a me.
 That should subside.
 Okay, I think that's it.
 mind sharing the other two? I know it's the last week of June. Give them to us.
 And then we could go back and revisit some of the other stuff I've been talking about.
 where they worked with the town of Belmont the last two times.
 I know they chose not to submit a proposal.
 to stop flying places.
 Here's the other point though, and then you would be required to defend if you chose not completely higher.
 We're asking you to continue.
 We're also working with the OPM.
 Thanks for coming.
 So I came, I have to go to another meeting, but I came just to ask and to share about Safe Routes to School.
 Now, that being said, at least this board, and I'm sure the Capital Budget Committee feels strongly that the safe route to the school sidewalks are probably a priority as well.
 One is double the cost of the second one.
 I mean, technically you can look at them, although there's really no way we can consider them, given that they do not meet the criteria.
 What more can we do, Myron? Thank you for your efforts and hopefully they'll continue.
 I'm not sure what the
 So I know Myron is here.
 And for sharp middle cut Sherman sidewalks say the date they're doing it or complete this.
 us.
 That's terrific.
 committee participation is a great way and a great vehicle to get informed about the community and to expand what you do in town.
 One more cue, though.
 If we could tell them to respond by July 31st, because I don't want to drag it out.
 Thank you, Mike.
 It's just a board consideration.
 People take straight shot from Harriet all the way to Maple Terrace or further.
 again to decide on what we're going to do, right? We're not going to meet beside that day.
 I think the argument is going to be to some people like in East Somerville or East Cambridge that well you used they used to get these airplanes and now they're just coming back
 So I would assume they'll probably say the same thing again, but we had a really good meeting.
 this a road that's being repaved under a pavement management program?
 It's a diner.
 that's designed to give everyone a fair opportunity to, under the same rules, to submit a proposal.
 We got a good meter.
 and it should go back to sort of a more normal pattern.
 It's almost identical.
 So what's the format for the interview? I mean, I've accepted it.
 was the suggestion.
 And they're encouraging from the perspective that there's a couple things that could be done to the procedure, both a modification of the speed that airplanes are departing.
 you know, noticing the giving notice to the police, I think, is important. But again, there are cheaper options to making this car slow down, like striping, speed bumps or raised beds, planters, trees.
 I think maybe the confusion between the CACs is there's actually two of them. And so the Logan CAC had been around for 15 years working on this Boston-Logan Noise Airport study, which was a legislated group.
 All right.
 you started on the committee as well and you sort of grew from there, you know.
 they don't deal with.
 I think part of the issue is enforcement, you know.
 I know there was a date circulated to try to get that set up.
 report young so I just wanted to mention also on Monday there we're going to be looking at asking you to look at the there's a loading zone there
 at that point in time have air traffic control vector them more randomly, which is essentially what we had.
 But in theory, you could have the interviews and then have a discussion afterwards. I don't think I'm going to be in a position to decide that immediately that day.
 I know it was amazing.
 Absolutely.
 I'm not sure if you've spent much time on Walnut Street, but cars drive extremely
 and all three of those are for each of the grade configurations.
 Almonte's already received one, that grant is still in process.
 And for Bartlett, the sidewalk said, non-applicable.
 The whole purpose of a request for proposal is to get the proposal and to rank them not based on cost.
 after town meeting.
 job and even though
 We're not informed at all. We're the ones that are making the decision. Right, because the evaluation committee's completed as promised.
 difficult sport to be a part of so
 the chair for four years out of seven.
 Yes, asking them to respond with their comments by July 31st.
 Is there still a discussion related to lottery and keno monitors?
 It's like we've been applying that you have to be paid up at the town, but it's not written in the rules
 At this point, I'm kind of of the mindset I'd rather have the selectmen kind of go through everything.
 All right, any other...
 Yeah.
 I thought that was a good plan and we're having some...
 That's the only right. Is that not appropriate? You're the last factor.
 What's the second one called?
 There's been sort of this regional. Is that a MASSport decision, though, Myron, or is that just a airline industry decision? Well, MASSport can provide incentives, but they can't dictate
 We need to yeah, I think it's working fine. Yeah
 And we also, I was trying to advocate more for it, and I think the committee likes to do this to outreach more, to get a wider range of applications in for community preservation funding, so that we have a larger pool to choose from in each of the categories. Or whether we decide there's an ability to rather just save some of the money each year, rather than spend it all.
 I have a conflict, but I forget what time it is.
 I slightly tweaked it from the last time. But the one thing I would like to do is to take these draft comments, these draft committee appointment rules, because we have no committee appointment rules, and to circulate them to all the town chairs of the various boards, committees, and commissions to get comment, maybe ask them to respond by July 31, because we clearly are not going to be able to implement these rules for the current round of committee appointments, because those are happening as we speak.
 The second layer of concern is a lot of areas.
 it.
 Oh yeah.
 If a truck double parks, they get a ticket.
 more people are flying today.
 You don't necessarily have to like it.
 The MSBA convened their board, their meeting earlier this week, Tuesday.
 My understanding from having dealt with this issue with some of the residents recently and with Mr. Clancy is that there's a two-part process.
 And so those of you that are available, I think you can walk on and run, or you can go down and participate. There's all kinds of activity on Father's Day, and it's kind of a cool thing.
 I think we have invested in sidewalk repair, but we're investing more because of the override.
 And then Phyllis pavement management projects.
 I'm Selectman.
 Can we look at this as a way, especially if it's a safe route to school? We're looking at it.
 But we are going to do a proclamation on this, right?
 So the second issue is to give the positive update on what's been going on with trying to reevaluate these concentrated flight paths that were implemented four years ago.
 So that item is coming for you to consider having that just be a learning zone. You think that, and I agree that, I know it produces two spots, right? Is it two spots? Something like that.
 Irene, it's you.
 check reference.
 comment?
 By way of context, I have done a lot of recruiting in my career.
 I know we talked about that in the Warren committee as well.
 Harriet and Bartlett and Trapello all merged together right there by the dry cleaners.
 Sherman, Middlecote, and Bartlett were all on the list for the pavement management that year.
 I know one of the things we're looking at, perhaps, is revising Mr. Dash's brought to this board, which I think is helpful, a revision of the procedures around committee appointments,
 I don't think there's anything that we've done or will do and had done in the past that in any way violates any of the sort of things that were outlined.
 Yes.
 Throw them both out.
 So we're going to expand on that? We don't have any information on that other than what you have. There's been no decision by the- So is the discussion on the 26th just about this or is there a broader discussion? The discussion on the 26th is also with regard to your consideration that you look at the- Our current policy as it relates to- Yeah, the policy from the board regarding the lottery sales by licensed holders who are authorized to participate
 I mean, I think it's going to be a long slog.
 You know, I appreciate the cutthroat Street for try in the morning. Yeah. Yeah from winter
 I think that the intent was that you would get back to them and then there would still be a need to make adjustments prior to making a change allowing those establishments to resume or elect to have a state of lottery. I think what George had suggested to you when this came up before was that it would be something that you would make the decision on and
 call center and.
 And I would urge you to consider more trees, a little bit more curb appeal, but having pedestrian buffers.
 wouldn't be a consideration? It will be once you complete everything.
 for future policy maybe.
 How long has the girls rugby team been in place, do we know? I know they've had a boys rugby team for a number of years.
 Seems like only yesterday.
 We were looking at I think the 26th or 27th of June.
 Morning, Lisa.
 It's clear.
 We are a cutthroat community.
 I mean, it seems to be moving in some positive direction.
 They are the state champs, yay.
 My feeling is I would not implement until the fall, because I think it's too late to start implementing it now. Mr. Drafke, do you want to share with the chairs right now? The chairs of all the-
 And that's why it ended up going on our budget, our capital budget, instead of on the state money.
 know butler's okay fine I mean happy to meet at your house or anywhere else
 and they went to do another street, and then they're going to come back and finish up.
 All in favor? Aye.
 He's the only one there.
 So they're not in that process.
 Do you have any other folks that are supporting you within the task force? No, I think that, you know, I guess I'll open up for, there is no alternate on the Massport CAC.
 more and more flights.
 whatever regulations require.
 Thank you.
 So we thought it was a good idea.
 We are behind about 30 minutes almost.
 We didn't have a price on pair versus
 Does the little boy have a question?
 I think it is this later this summer. Yeah
 time frame, year away? There are all these modules from the state
 I'm going to work on this directly with you and the audience.
 Can Glenn look at that and then coordinate with him and get back to us on this matter? Especially during the summer months. We can take care of this during the summer months before school begins in the fall.
 on the pool committee but never the vehicle as well I was wondering
 Okay.
 and we are going to do the last
 And they didn't reapply? They did, but they didn't meet the minimum criteria.
 Thank you for listening.
 I mean, I'm not here.
 Okay.
 important is we want to meet the team members. Absolutely.
 I guess, the
 Ha!
 All right, great. Thank you, Adam.
 And if you don't volunteer, it's very tough to run the town.
 Can you convene the meeting? Can convene your meeting?
 I'm a town meeting member for Precinct 5 and I'm a neighbor on Vincent Avenue for many, many years.
 The MIT guys figured out that at the current speed of 200 or 220 miles an hour, you actually get airframe noise from the airplane in addition to noise from the engines.
 It's my job.
 in other communities and some will particularly.
 of the sale.
 you didn't reach an agreement that you thought was- No, no, no, hang on for a minute.
 was what? The minimum criteria had to do with, let's see here, RFP, two years' experience conducting searches in Massachusetts and the completion of five comprehensive town administrator manager searches in Massachusetts and the signed statement of non-collusion. So
 So to just circulate this maybe as a draft, get comments from the chairs of the various boards and committees, have them respond by the end of July.
 So we
 its weight.
 I think that's only fair decide to do that for rather than sub what?
 Oh really? Well I know that's not gonna be me.
 I think the reconstruction of Belmont Center, it's narrowed that even though we get complaints from a lot of residents that traffic is backed up.
 And there's some
 Yes, they would be here for the interviews.
 That's kinda cool.
 That's going to be zero tolerance.
 So I think that's just terrific.
 So all I want to do is submit a draft and get comment, and I don't want to waste a lot of time.
 Did you know that, Lisa? I did not know that.
 some dates in July we'll sort something out.
 However, that the final plan, I don't think, goes as far as what I understand the residents want.
 same process that you follow with regard to selection of the firm that you chose for the community path as well.
 And so it's been an interesting time, and I think that there's some good news, but again, these things take a long time when you've got the federal government involved.
 In order for us, we could decide to then go through this process, the interview process, look at these firms, understand price, and decide we're not going to move forward with either one.
 So that may go away as a committee to be considered.
 signs no longer there.
 Any other questions from town residents?
 But those are all things under discussion.
 and that he's very well respected by the rest of the committee and his shoes will be hard to fill.
 Yes
 I read his memo, that's helpful.
 wildly apart on these
 45 PM.
 make sense in the state.
 I think it just informs me.
 But if we choose one and we don't know the price and understand that their price is substantially higher than this one. We're not going to choose them until we know the price. We just have to interview them.
 If you talk about, and I said this to Myron, sitting outside of my yard and my mom was
 I appreciate that the speed limit's being reduced.
 all.
 This is sort of, we looked at a number of towns. I thank Susan and Phyllis for pulling that together. But it looked like Weston's was the one that was sort of more like where we wanted to go.
 sport. It is. It is.
 and V locking any signage.
 do his clockwork.
 Have you taken it to the Traffic Advisory Committee as well? We've started that process.
 Anything further, Jessica? No, that was all I had. Okay, great. Thank you.
 at least we have something in front of us.
 But people understand that our information says nine.
 There are two things.
 I thought they were going to come back to the selectmen with their options in the summer.
 Okay.
 So we're actually getting downgraded.
 I just love going there.
 Thank you, Myron.
 I think there's been some positive change since we've added our voice with you to the CAC.
 We're hearing the prices are comparable.
 know you circulated that article from the Municipal Association magazine where they talked about the process and and I don't want to run afoul of the rules Mr. Chairman so that's sort of the preliminary yeah here's the preliminary search committee which is not supposed to be us which I guess was right
 Sure.
 and we'll share with you the report.
 know. Did you want to speak? I've done to the Belmont High School building committee we met yesterday and
 Okay.
 the firms are comparable.
 to come yet.
 Whether do we so with that in mind Myron does it make sense to consider during this appointment process adding? I don't do we have is there a formal committee for this? Which is my person which is me so yes
 I know that that's an issue for all of you.
 That being said we need to do more around enforcement, right?
 And so I worked closely with them, and they were superb.
 It made it clear that they're not subject to Chapter 30B.
 Oh.
 Thank you very much.
 No, absolutely. I'd be happy to do it.
 Can we get sort of specific routes about that are being paid so I can avoid those in the morning? Is that possible? We can give you the routes.
 Tell us what we need to do on this one.
 are in our minds.
 And so there's a lot of sort of analysis work that needs to be done in order to make sense of that noise.
 And then we vote.
 I was hoping to have something today.
 There's largely programming.
 I wanted to get more information and he was on vacation.
 I have run the 5K, and I'm not in record pace, but... No.
 renovation and and let me find a recommendation by the building committee to MSBA in terms of configuration at some point the feasibility study is due within a time frame prescribed by the image so they're gonna
 And while, you know, the 85th percentile was 18 miles per hour, I've noticed that cars significantly slow down when during the day there are cars parked on the street and they have to slow down because the road narrows. And the fact that I see a lot of people on their cell phones looking down, texting, on calls, it makes me extremely worried with my 4-year-old and 6-year-old.
 Since that we have waiting for Mayim Kassaraba on the Logan Airport Community Advisory Committee, we'll skip that for a moment.
 There are committees and commissions on every topic under the sun. I'm sure you are qualified or interested in one of them.
 I was going to say it wasn't at the game, but Franklin was. It was a great game, you said, right?
 I appreciate it. Thank you.
 it.
 We'll be here.
 I'm not suggesting we go to that extreme, but yeah
 more common to fly.
 I don't know kind of to the outside of the ends of Walnut Street how many kids live there.
 So, here.
 I somehow missed that one, yeah.
 So the first item is going to be the application for a common victorless license. It's not this agenda? Belmont. No. It's OK.
 I think Julie may have mentioned, but Butler is 95% walk to school, whereas the national average is 12%.
 I think that the follow-up was with regard to updating the lottery on your phone.
 and I'm the treasurer of the Massport CAC.
 Again, there might be specific questions that you have for each firm based on things within their respective proposals. So those things would have to be.
 But we discussed it at one of the meetings we had at the high school about just making it about that we didn't
 And so we, in June and May, usually didn't get this level of frequency.
 And so you've got four firms that elected to participate in that process, and one firm who elected not to.
 But the point I'm making is that if you're looking to transition in a year, it would be nice to have someone associated with this process be informed and it's an easier transition. Well, you can just have people contact me and they can get involved.
 I think all of you know who Aaron is.
 Identify yourself.
 So really, infrastructure and key infrastructure changes are what's going to enable people to access the road.
 looking at repairs that are being slathered with asphalt.
 dictated deadlines.
 from the next few weeks.
 So the road was on the reconstruction list for last year, but nothing's happening to the sidewalk.
 couple hundred grand.
 They're a little tired, but they sit there and they get breakfast and he cooks it up for them.
 Again, my question is, we could decide not to move forward either one of these final two candidate firms.
 I don't know how much you travel, but the airports are just packed.
 and not completely understanding why the board can't know price at all until the end.
 So we will.
 The economy is doing well and Boston is a very desirable destination.
 Irene, want to join us? Mike, I know you're here for the search.
 mail if there's a time consideration on the lottery piece, which it sounds like there is from the state level, we
 You mentioned in the memo that perhaps we need to think about whether we continue participating in what you're currently participating in, in the CACs.
 And so I just want to put in a word for the Collins Center.
 So I mean it would be somewhat challenging I would think for the board of selectmen to reject both of them.
 that time of year.
 I
 Even if they did, they wouldn't give it to us because we just got the grant in 2014 for Wellington.
 So when you put all of that together, I don't know why we would not pick the Collins Center
 I think it's in the regulations. I think it was a concern.
 I mean, the airline industry is nothing but expanding.
 I don't have a really sense that it's a residential neighborhood.
 But I know in your office in Davis Square, you've gotten a lot more impact in Somerville, that area of Somerville versus the rest of Somerville.
 Second.
 So I'm fine with sharing this draft form with committee chairs and getting feedback.
 Tammy Klee, Submit 29 and 27 Walnut Street.
 Yeah.
 Okay.
 I think that Tom Meany got in the middle of all of our activity around Tom Meany got in the middle of trying to move that forward.
 matter we sent out mailings on that committee volunteer interest yes the letters went to the chairs of the committees and boards and
 So the process is that you would open the, you would rank them and then you would, then you can look at the pricing.
 I hear you. I just don't want to answer that.
 didn't propose, but they did send us an information. I don't know what you call it. They sent us the scope of services, right? Yes. They sent it to our email. So I've read
 Now we could all call up Cathay Pacific and say, could you reschedule your 11.45 a.m. departure? But they're doing it because of landing slots in Hong Kong or whatever.
 just one of several things. I know I think we really need to look at it.
 So is this a broader point of view here? How the listening audience and those in attendance that have patience, we're repaving the roads, we're starting the construction.
 So yay.
 that was appointed to the Warren Committee.
 Right.
 parking trucks on Glenis Street is not the solution.
 Let's keep an open mind, we'll see what we have.
 Yeah
 And
 And so I think one step is keeping close eye and I'll keep you informed on what happens with the study. And if they come back and they say, yeah, we can do this dispersion, but it's going to need to get approval.
 that mean? Well, it means that when you issue a request for proposal, if you find that no proposals meet your criteria, then you can elect not to, you can throw them out again.
 What we learned is there's a reason why consultants make lots of money doing all of these noise measurements.
 So we've gotten more in. It's just been at a time when people are outside, windows are open.
 Maybe if you guys could arrange a date at the Butler School once Glenn returns, we could have a bigger discussion outside of the formality of this and maybe get to see if there's anything more we can do.
 It is being addressed, looked at by community development.
 And also, we also do want to recognize, what's Aaron's last name? I forget it.
 We've engaged a consultant, and the fourth, as you've heard, is being completed.
 And when he appeared before you in April, your commitment was that you would respond to him with regard to your policy discussions by the end of the year.
 FAA rules are that if an airline shows up and they want a landing or a takeoff slot, it can't be
 Thank you, Mike. Appreciate your support.
 then we get to select.
 So there's work to be done.
 So Glenn Slate.
 Again, that was an area where the sidewalk wasn't fully reconstructed from a major intersection to the school, just the school frontage.
 And also looking at the 2016, 2017, and 2018 street lists as a whole and seeing which of those are safe routes to school.
 They have a couple of people who are relatively new to town who are younger, and they bring an entirely different viewpoint as far as how to do outreach and PR and how things should look going forward.
 It's just a wonderful, it's a wonderful sport.
 I just wanted to bring to your attention I had the police department do a speed study on Walnut Street last year between August 15th and September 30th.
 clear to them it's just a draft.
 So it's gone from sort of, oh, this is just a few people complaining and eventually they'll stop complaining, to now on a national basis, the industry realizes that dealing with this is something that is going to prevent them from growing the industry.
 I'm moving, you understand this, we avoid sponsoring an article for the last interim means warrant.
 Informational presentation on the trash is at 6 until 7 30
 It's not part of this proposal here. No, you don't have- We don't know the cost.
 that's not working.
 it after the conclusion of the interview just as the par yeah the decision with regard to the
 That's why I would like to have that.
 I've run it a number of times.
 And
 We talked about the committees.
 I mean, if I'm going to make a decision on... No, no, we're not talking about making a decision. If they're equal in sort of experience and skill, and I might like one more than the other, you know, slightly, I want to know what the price issue... Correct. What the price is, what the scope of the service is in terms of that price as well.
 What were the four that presented proposals? The other two firms were GovHR and Community Paradigm.
 We're not going to be able to do that.
 We'll get there. We'll get some improvement.
 You too, thank you.
 We'll certainly convey your concerns if you haven't already to the police chief. And they're very attentive to neighbor concerns about speeding, especially on streets where there are a lot of kids.
 And I think you're right, Adam.
 Just chime in and whoever's team that-
 So as you know, you've seen the flight paths, they go over Medford and then they split onto these four rails, three of which go over Belmont.
 take over? I do. I'll just sit right here and take over.
 So you're going to share this with the committee chairs and we'll get feedback.
 And it has resulted in this study called the RNAV study, which is being done by Massport funded by MIT.
 to identify yourself.
 Okay?
 Yeah, yeah, yeah, absolutely.
 not physically in Belmont anyway.
 Thank you.
 This is run and sponsored by the Vision Implementation Committee.
 Are you ready?
 It's obviously part of the plan and it is being addressed as described.
 and then an architect will be chosen.
 But this is just a wonderful event.
 You can't walk in down any street in Belmont and not say, gee, that's unsafe.
 It has to do with matching the noise because it's not just airplanes, but it's leaf blowers and traffic and other things.
 Here is five minutes to get a ticket.
 Anyway, just.
 You interviewed.
 It may be the comments from all the chairs is that they want them, in which case then we'll have to talk about them.
 How many years they've had the team? Oh, it's only been about two years.
 All right, now I'm leaving.
 How old is he? 18 months.
 Once I became aware that this was an issue, I said, oh my god, they're coming over every 15 seconds. So I think people are just aware of it and complaining more, and it is noise.
 I thought it was in the liquor rules that you could...
 Yeah, I mean
 that that's when that would allow establishments to know how they would want to consider this for their business.
 What's the time frame? To award a contract? Yeah.
 to close call. The two prices are comparable on the two proposals.
 Four years, I think we've seen through Myron's efforts and others, we've seen increased involvement from Congress, our Congresswoman, our state reps, and they're listening to the communities.
 we looked at them, we were able to negotiate a price that was great for the number one firm based on the process to that point. And then we moved forward.
 right.
 save it and then we'll have a big pool when something big comes along that we want to do.
 and grant home run Father's Day run is this Sunday.
 And as you know, the 73 is one of the top 10, top seven maybe.
 Okay, cool.
 And once they've started work, you can go on the website and click on the various streets, and you'll see whether they're doing water and sewer.
 Right.
 Now we, at one point, I think it was in Bobby Ridden that was helpful here.
 But the flight path changes actually happened in June of 2013.
 go in July we can just be outside.
 There's a subcommittee that's interviewing the architects, and they came in and ranked the architects, and they knocked out some of them, and they have it down to four.
 So they are coming back.
 and it only has one existing sidewalk.
 Catch you fellas.
 It's sort of like a tradition.
 understand that this, when you repost the agenda, Phyllis, did you indicate the start time was 845 AM? Yes. OK, great. Perfect. That was the purpose of.
 I don't know what the score was, but that's just a rule. We got more points than they did, Mr. Chair.
 It sets procedures for new appointees and for renewals of committee members and how we do outreach and the timelines by which those things have to be done.
 I don't know when the date was.
 I think that is the concern.
 That would probably be a good step to take as well.
 You're getting a lot more. Myron, first of all, thank you for your wonderful service. And I know this has been a contentious issue. And we do have Congresswoman Clarkson, I've been involved here, correct? Absolutely.
 We could go back and do it all together.
 Thank you for the process.
 And so things are moving ahead.
 Okay.
 I'm not here, so we'll have Susan and
 You have to sleep on the plane.
 I think you got in your packets an update.
 Yeah.
 isn't the final final.
 And I'm convening the June 16, I almost said April, June 16, 2017 Board of Selectmen meeting.
 and I love going there for breakfast.
 I think Myron's.
 Certainly if we have that meeting, we can get Glenn there, we can do that.
 pretty much the MSBA.
 I don't know why they have to come in the middle of the day or when there's a lot of traffic.
 with us since earlier this morning.
 hope you picked your first ranking.
 And again, the evaluation committee rated both of these proposals highly advantageous on all of the comparable criteria.
 about implementing this as of September 1 or some version of this.
 I don't think any board of select will answer my question.
 I mean, that's that.
 times it.
 Yeah.
 Based on your commitment to give a response to them with regard to the lottery sales by those establishments that have liquor licenses, you had committed that you would get back to him by the end of June after town meeting.
 You vote that based upon knowing the price to
 will be at the. But you just said to me I rank them one and two, then negotiate price. But I'd like to understand price as well as part of the evaluation.
 So then we proceeded to fully rate the two that I've given to you for review.
 And for everything that our neighbor Tammy can say about Walnut, it's pretty much the same.
 So that could be a way of, again, just by making a slight procedural change could decrease the impact. I read that and I said that's interesting, but is that, are they still taking off over, meaning that they still take off mode?
 Even here
 Yeah.
 I think you had suggested, and I support this, that we need to do a rewrite on that to provide more guidance to the licensing board, the board of second serving as a licensing board in terms of how we award liquor licensing.
 I don't have a tree in front of my house, and there's a number of other houses.
 Good to see you all.
 The point is to get some rules on the books.
 I think that Senator Brownsberger mentioned this at town meeting, but if people have experienced a greater frequency of noise and overflights for the past four weeks and probably for the next two weeks, it's because one of the major runways at Logan's been closed. It's been in the news.
 don't work within the state.
 Logan CAC.
 So this is the general condition of the Bartlett sidewalk?
 didn't hear this before and asked my daughter about it.
 wanted to do something.
 I take my daughter to play soccer down at PQ and we park on Bartlett sometimes and you can pull right up onto the sidewalk.
 I know that we're planning in a future meeting to have them come in.
 It's a draft of procedures.
 So
 more experienced than any other firm.
 I've been on the Traffic Advisory Committee, on this board.
 I'm sorry, Adam, I apologize.
 We may like one of these firms.
 Yep.
 that along.
 great
 Okay, thank you very much.
 And so we went and we changed some parts of that and clarified it.
 It is now, yeah.
 Bye.
 I know that.
 and then you would start negotiating.
 to some extent awareness, social media, you know, I think that people... Before you were willing to live with the noise, now you're saying, you know what, I really don't appreciate that.
 Absolutely.
 Belmont Street.
 I would just
 what it sounds like to me.
 We're moving this item
 So in general, I think we've approached this in a responsible and, you know, the best way possible. But there are no easy answers.
 So a number of roads were looked at in our Safe Routes to School walk assessment, which was done in 2015.
 I'm here for a similar reason that Kate is, and Mark, you've already gone to the crux of this, which is where is our sidewalk money being spent? And so I just wanted to share what I've observed so far.
 I was like a lot of work at him.
 You suggest the insurance gets concrete and you guys get asphalt.
 I mean we could look at, you know, I think Worcester, JetBlue just started flying to a couple more Florida destinations out of Worcester.
 getting more improvements all along.
 just ranking them based on the interview only.
 And you're going to provide us copies of all four? Use these two and then the other two? We're giving you the two that we're recommending.
 And these new rules would require certain deadlines, which would actually be good to hold our feet to the fire to make sure things happen in a timely fashion.
 anything else.
 The asphalt could be temporary, I don't know.
 I'm fortunately not signed up this year.
 Okay.
 were there a couple other announcements you wanted to... Yeah, there are. I'm going to go through them right now.
 I'm sorry I'm Aja Nelson
 The thought right now, and they did this in Charlotte, is that they could go back to having the airplanes reach a certain altitude.
 Appreciate it. Have a great weekend.
 know, we're kind of thin in the police department.
 All right, well, therein lies another issue, but all right.
 looking at it, it's
 wonderful event for those of you that are new to the town.
 My name's Jim Williams.
 In terms of experience, we can look through that. It's all in here. I think you'll find it. References and all of that. Resumes.
 you
 Mike, did you have any comments?
 Thanks for coming.
 And I think as you know, the efforts of myself, some of the local CAC reps, the Boston Westfair Skies group, our legislators, our congressional delegation, finally, after a couple years, got this issue up on people's radar, so to speak.
 I'm doing well, thank you.
 I think it's confusing to people.
 Could you please join us, update on the town administrator search.
 It's very similar to this.
 Look at the meeting outside. There you go.
 This is just, and I think Casey Lennon probably came in front of us for approval at some point, Phyllis, I don't remember when.
 It also goes Julie one of the things that we have part of capital budget me one of the things I push for a member that hurt me last year because Look, there's an endless list of sidewalk repairs. I mean
 they're looking in the next couple of weeks to wrap that up.
 to renew the licenses.
 I think I can rank them then we have to meet
 would we want to know price in advance? Well the request for proposal process is that you evaluate them, you interview them, and then that's the last part that you look at. So
 I said, you know, and I focused on the one issue, and all of a sudden I noticed all the planes going over.
 I thought it was in the rule.
 Make a move around those portable signs saying your speed is, I mean there are things that they do.
 I'm not voting at all
 Thanks, Julie.
 one thing, and I know this is a concern of yours as well, or just rises to a level of concern, but one comment we try to put in term limits, a point that was made, I know you've made the same point, is we have a lot of younger families that are moving to town, a lot of individuals, younger individuals that want to get involved in town affairs,
 It's not a...
 we will try and schedule a time when it's valuable to have an update by them.
 And that's a bus stop at the 73.
 And then somewhere in between when town meeting gets that list and when construction started, they decide which sidewalks they're going to do.
 It's always on Father's Day.
 I agree with that.
 Just have to keep
 At that point then you would go to the second person.
 for the lottery.
 Bye.
 This route is part of our Safe Routes to School route.
 50 60 70 kids go down there for breakfast at
 And you'll experience the true nature of Barley.
 So what you see is not complete.
 And then the interviews are going to take place.
 So that's when we were iron-abbed, so to speak, by the FAA.
 and switch over to the Collins Center? Well, as you recall, before you issued the second RFP, the one that you got these responses to, that was one of the options that was presented to you was that you could go directly to the Collins Group without doing a request for proposal. And the board elected to do another request for proposal.
 I've always kind of felt that way.
 We'll note at this, we'll let the police chief know, I think, speed and look, traffic is a big deal in Belmont.
 Brownsberger and Representative Dave Rogers have really helped out on this.
 Okay.
 I accepted it, so.
 I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm not sure. I'm
 They had a win over Algonquin.
 of communities you can serve on any of that? That is correct.
 The revised agenda.
 Thank you for doing this. We appreciate it.
 I'm joined by Mark Polillo, Selectman and Vice Chairman, and Adam Selecman, Phyllis Marshall.
 I don't know about that but I believe he's away this week and next or something like that.
 I run with 4R. 4R has been closed.
 town meeting member, precinct five, and the town's representative to the Logan Community Advisory Committee and the Massport Community Advisory Committee.
 I don't remember now, which firm, which is one of the last two finals, either one of them were involved in the Cambridge search? No, HRGov was the firm that did the Cambridge search.
 I think that Massport in general is taking an attitude that using the Massport CAC, you know, I was in D.C. probably a month ago for a noise-related, I happened to be in D.C. for a business, and I attended a noise meeting with the FAA and the industry.
 under the ten yes look at that
 and Jessica said that.
 And so if you're unable to negotiate a pricing and finalize. We would have to decide as a board not to move forward with either one.
 early in the morning or late at night and unload in the loading zone.
 All right, so.
 The rules are the rules.
 When does hiring an architect make sense? When are configuration decisions finally made? Well, it's going to be part of the whole feasibility study, which once we get the architect on board, then the feasibility study gets
 So on camera, let's congratulate Aram for the wonderful service he provides to this community. It's iconic and he's an institution now.
 Anything further? No for community announcements, no.
 get more information.
 I think price has to be part of the evaluation.
 The other two firms fell short on 7.2.2, which is the completion of five comprehensive manager searches within Massachusetts.
 Denver, what they did was moved the airport, you know, 20 miles outside
 And so we're trying to get this on the 27th.
 whole package. So it's a multi-step thing.
 no matter what we do.
 And there's hundreds of runners, correct, Franklin?
 we can talk about it maybe
 minutes out of the
 And the sergeant told me last year that, you know, the tree-lined streets, you know, were settled and therefore it wasn't necessarily a problem.
 I will. Thank you.
 But putting in the controversial stuff is really not the point right now.
 Thank you. Thanks, Ralph. And thanks.
 long term I think that you know equipment that's causing it as well I mean change now the planes have gotten a lot quieter
 It has to be.
 Vincent, Harriet, Alma, everything, every street, especially with the traffic calming measures on Trapelo, which is amazing. And it's wonderful to actually see how nice. And I'm always very amazed and thankful for that big project that we accomplished. For all of those traffic calming measures that we have along Trapelo and Belmont Corridor,
 They're coming over Belmont, but are they still in takeoff mode, even eight miles out? I guess they would be, right? Yeah, it's not very far, yeah.
 great to meet on site.
 I mean, it's not the
 All right, thank you.
 he told us yesterday, which I never heard.
 public document.
 Ellis has been serving as the town liaison with the
 It was a notice that went out to, a press release that went out this week.
 and
 That's an excellent.
 and they're probably the cheapest.
 We tried to narrow streets. The reconstruction of Pleasant Street, we believe, has helped, hopefully, to change behavior.
 FedEx was always the last plane out at night.
 Thank you.
 last night.
 Congratulations to all of them.
 I move that we. So this is a draft of this year's procedures?
 I think it's
 Glenn Jay and Brian for their involvement as well.
 Cutting through Trapello to White Street.
 And I think it could tell the state if they ask that we're committing to take this issue up.
 you know, we're going with these two.
 We'll know the price before you make
 There's no, just so you know, there are no term limits being proposed in this version.
 boys recognized as well as an M.A. So it's no longer club sport, Franklin.
 And second, and also the people who are going to be on these committees know what the rules are before the game begins, so to speak.
 And so that's just a general condition of two roads that were both on the 2016 pavement management list.
 Thank you.
 That's what I'm suggesting, and also that Sherman and Bartlett. Well, every neighborhood needs to be treated equally.
 So people can orange.
 Hi, Julie Crockett, 232 Trapella Road.
 I would just like to mention that Myron is rather humble about this, but he really is one of the most knowledgeable and articulate spokespersons for this issue.
 I'm not an expert in these things, but I know you are. I think it's better for the board to kind of look at these objectively without having the price in mind. As you do your review, go into the interviews, then that will be all part of it.
 George Hall will be there to inform us about what's taking place.
 I mean, it's a zero-sum game, as you said.
 So I just wanted to say thank you.
 I do think that the more controversial topics like term limits, perhaps, or numbers of committees, number of committees you can serve by is an important consideration for us.
 But as you said, in order for that to work, there has to be enforcement. And I've never seen one cop sitting on my street.
 Thank you.
 least have more information to them. Would it be possible, I don't know if you mind, would it be possible to get a draft, or have George Hollywood draft the revised regulations for the liquor to add the lottery language so
 There's not even a sign that there's a playground there.
 I've actually posted this update up onto the Belmont town website.
 It's not the first factor.
 No, they're not but I wouldn't mind seeing the other
 Thank you.
 So thank you for that.
 And then these are pictures of Sherman.
 It's just it's sort of like the place in Belmont to attend. Absolutely morning for breakfast. So we
 I don't know where we are for the CPIAC and the community path and whether there are public meetings that are coming up.
 if he so desires.
 I'm looking at probably one more year of trying to get the Massport CAC established, but then would be happy for other residents that might be interested in serving.
 when we go home this weekend, we're gonna notice all the planes coming overhead.
 In one and then with a comparable prices, but what's the cost? Yep, right I would offer to you that is the same process. Yes, that is the same
 Well, the recommendation is to move towards just a straight loading.
 And we've been talking about updating, getting the website live.
 Okay.
 Okay, so Bartlett, I believe, is on the blue route.
 I don't know that you can avoid that. Can I have a little siren on the top of my car to get through? Talk to the state about that.
 So we have an application for a common victuals license at the Belmont Books, 79 Leonard Street.
 mind if you want to since you've already sort of reached out to Glenn.
 Some of those flights, the Cathay Pacific Hong Kong flight takes schedules to take off at 145 in the morning.
 If we can put that meeting together with Mr. Clancy and all, then this is a good topic for that conversation.
 send it to me I could mark it up.
 And
 And I know the Collins Center from my work at Mass Taxpayers Foundation and other capacities.
 I was just appointed they didn't submit it but
 be nine configurations basically that we're going to have based on what three grade configurations and then three configurations as to whether it's some renovation, renovation and addition or total rebuild of a new building. So
 That's just wonderful.
 And in Belmont, different schools are active at different levels, but the program itself works to help schools identify safe routes, increase participation by walking and biking.
 On the latest reports, I don't have anything.
 However, I can't say whether that's true or not. That was just an email.
 Yeah.
 Still working with David Waite, who's a local Belmont resident, at seeing if there's a way that we can do more of a sample, but it's harder than it... We thought it was going to be difficult, but it's even harder than we thought.
 You can take the purse. We've voted. But you haven't picked one.
 out a book on the rules.
 People are flying, I mean, that's what people are doing.
 I wouldn't necessarily say that Walnut Street's tree-lined, but the fact that folks can travel the same speed on Trapelo Road as they can in front of my house on Walnut Street is a significant concern, especially when there are 15 young kids that live just within a small vicinity, and that's just, you know, me knowing some of the neighbors
 So again, we would like to, like I said, we're recommending these two firms for interview by the Board of Selectmen.
 I
 We'll interview the two and we'll rank them and we'll have to meet to discuss and vote.
 And this town's mostly run by volunteers, to be honest.
 Congratulations to them.
 40 miles an hour was the maximum speed posted.
 Since the, thank you, safe travels, Mr. Chairman.
 So again, it will be the same questions as a guideline for both.
 now.
 Perhaps we can inform the chief about this concern and maybe they can ramp up for a couple.
 I'm very concerned.
 It's been a struggle.
 No.
 I'm not gonna flap on my book.
 And then the Warren Committee and now here.
 look at it.
 The
 So it really looks like a widening of the road and not a distinction between sidewalk and road.
 All members of the board were there yesterday in celebration of his three decades within town.
 really to come back.
 And
 There's no alternate.
 So I think that that is, I think they're going to wrap that up by the 23rd, hopefully.
 Every flight is packed.
 So I'm a little concerned about that.
 Yeah.
 Okay, so.
 A couple of us have come to represent folks in the neighborhood who live on Bartlett Avenue or abut Bartlett Avenue because we're concerned about the way it is being finished.
 It will inform the capital budget committee, which is part of the, looks at the payment management program and sidewalk repair in terms of how we spend, I forget what we have each year now.
 They're very patient, they're very cool.
 We talked about outreach and PR and having public meetings to gather information.
 know, for instance, I was involved with the Burbank parents when the crossing guard got hit and they brought in people from the state, safe routes to school and all. They told us they had no more money to give Belmont
 I suppose.
 I just wanted to state that I'd filed with the clerk's office and with the chair my statement of conflict of interest and that I am friends with actually the owners of Belmont Books and my daughter has a summer job who's going to be working there.
 We could certainly, if we decided to, undo the prohibition on liquor establishments also selling lottery tickets. The tobacco, we're going to leave that prohibition in place, I would assume.
 to me. Is that? Where do we go from here? I know you haven't decided that, but what more can we do and where do we go? Well, I think that anything that this study comes up with is going to have to be agreed to by the FAA.
 They have done vastly more searches than any company in Massachusetts for this kind of position.
 I'm not going to be able to do this.
 And the other thing is that June is a really busy vacation travel month.
 right? So, thank you very much for your comments and input.
 Chairman, I move that we approve this common victuals license.
 whether we need to evolve.
 Okay, any other questions?
 I think its current condition invites speeding, invites disrespect.
 Wow, when I used to
 So when you put all of that in the proposal, they have a dollar amount in their proposal, including a reduction for Belmont.
 I don't think we have a specific probe.
 But, you know, I think some of the things you just suggested here is positive developments and change, but ultimately what really can be done? I mean, we have a, you know, we and other, you know, LaGuardia and other places, we're urban airports that have close proximity. I mean, LaGuardia is adding new terminals.
 We have it.
 So I think that longer term, I think there's some work being done on the health issues, certainly for communities like East Boston and Winthrop and South Boston, where you're closer and there's greater impact. Particulates and fumes and such.
 know that we've gotten what's the gentleman from the Michael Sweeney yes you had a lot of concern about our decision making on that so right
 No, one and two. Then what do I do? I'd like to. Yeah, please.
 and I read the article as well.
 That'd be great.
 We have, we sent out, this is the committee, Madam Chair.
 And this is what
 right at nine o'clock.
 You better open mine.
 Just one final comment.
 And then obviously I've been involved for the last quarter century in municipal affairs, state and municipal affairs, and so forth.
 we may need to weigh in to encourage them to obtain that approval, but that's probably still a 12-month, 12- to 18-month process that has to happen.
 Is it just sort of you're going to provide guidance on questions we ask? We can definitely give some guidance on questions to ask. That might be helpful. We're going to go all over the map here.
 So double check.
 So, oh, we're back to cardboard recycling.
 and then eventually.
 you're going to run into traffic in the early morning.
 Housing Trust met last night.
 one thing that that we thought was important is how do we decide which side walks to do which of the worst and how so we
 I just can I offer
 They have received comments from folks and they are still, it's a work in progress.
 I've noticed the planes more often.
 If you have a reason to do that, absolutely.
 know, one of the things that you'd like to be able to do when somebody complains is to say, well, we're going to go measure what the exposure is.
 That was back in 2014 that it was awarded for Wellington.
 So I'd really like some more transparency in terms of how we're deciding out of that list which sidewalks are done.
 And then also the Community Preservation Committee we met also this week and we talked about setting up the public hearings, public meetings rather, that we're going to be having to get ideas and to find out what people want and to get comment
 His response was simply that the sidewalk money had already been spent, 2016 sidewalk money had already been spent.
 I don't think the monitors are tied to liquor licensing.
 So it really comes down to the industry.
 You're doing a great job.
 In other plays, we
 we interview these firms, will we know the cost? I mean, Phyllis, I'll defer to you in terms of disclosing the prices.
 Yeah
 We had a subsequent meeting, didn't we? I think we did.
 The industry sees noise as the single biggest obstacle to aviation's growth.
 I don't know whether it's one of the, we are moving towards, what's the?
 That item has been moved to the agenda for the 26th after the trash discussion.
 I
 to
 And I was taken aback by that.
 son played, it broke his leg.
 the aircraft. And then to point out, there's also a whole lot of low altitude activity going on, and it goes pretty far out as well because they're doing deep oil exploration.
 The subcommittee will come to order.
 So we have our employees were involved with the development of the certification process and procedures for those particular elements, which validated the requirement.
 And I think this would be very helpful if, could you run that for us, Benny, and tell us what you're showing us?
 to talk about the levels of equipment.
 of the Air Defense Identification Zone, where if you are ADSB equipped, it's obvious who you are. You have your identification, and therefore you can exploit that as knowing they were friendly as opposed to worrying if they're a foe. Same things in their special use airspace or the military operations area.
 Those comments should give us a pretty good indication of how industry views the long-term prospects for this program.
 So the Air Traffic Management Advisory Council, essentially the steering group established us as a work group. And then that's where we meet once a month over at RTCA and typically what we're doing is we develop the strategy.
 forward. Prior to that was the test and demonstration work that occurred up in Alaska.
 So not only can you see traffic, but now we have the opportunity to uplink weather to the cockpit.
 Thank you, Mr. Muskel.
 It's troubling to me personally.
 One of the controllers' brother works there in an airplane.
 time. So today radars have floors and they don't see below the floors in places like
 that's considered sanitized from a safety perspective.
 Essentially, we took a look at the amount of aircraft that would have to be retrofitted. And if you look at the GA community with 200,000 aircraft, even with 10 years, that's 20,000 aircraft a year that have to be retrofitted.
 So there's definitely an improvement in that case. In the case of Emery Riddle, they could use it strictly for collecting the data on the ground and then replaying it for looking at how their student pilots are doing and use it for training purposes.
 but there's one specific question I wanted to ask.
 fascinating because the test area initially is in Bethel, Alaska.
 Pacific, Atlantic, Colorado, Alaska.
 Concern with spoofing deals with the power level of the signal that comes down from the satellites very low, and you can perturb it, and you can make it to look like something else. And so it's vulnerable from that degree.
 milestones, and of course you have project completion date October 2007 for the NPRM issued, and second is February of 2008, critical design review for the ground system, and then August of 2008, the Keysight initial operating capacity of broadcast service at Fort Myers.
 our infrastructure or will be able to deploy our infrastructure.
 So really, you're looking at seven years of using the service nationwide.
 Are you saying that about 10K would put the basic unit in the average plane if there's not? For those. Pardon? Excuse me, for the general aviation type aircraft.
 Mr. Brantley, we'd like to hear from you as well. We're either you personally, your organization, or your members consulting.
 I thank you. Mr. Hayes, if you have further questions, I'd be happy to allow you more time.
 We hope that that will not be the case with ITT and with ADSB and it will be the responsibility of the FAA to monitor it to make sure that ITT is
 So we did the best we could to lay out an aggressive schedule that put that ground infrastructure in place, and the best we came up with was 2013.
 Then they would find a multitude of uses and
 I don't know if anybody agreed with that. And again, Mr. Brantley, we have not forgotten you. The chairman was absolutely correct.
 What that does is provide the expansion of our ground infrastructure beyond our baseline.
 Plus many of these planes are owned by individuals who don't have high incomes. If they had higher incomes they would buy better airplanes.
 Let me ask Mr. Scoville a final question. In your testimony, you indicate that ITT will have a monopoly over providing ADSB services for the next 18 years. I wonder if you might talk a little bit about your concerns regarding competition and consumer issues as a result of one contractor that will be in charge and have, I think in your words, a monopoly over the ADSB services.
 Thank you, Mr. Chairman, Mr. Taylor. Benny, you're working for the government. We don't want any more $600 hammers now.
 But somewhere around three or four years ago you were told that you were no longer welcome. Yes, sir.
 We're confident that industry recognizes the potential, but it's rather the timetable, the mandate, and the articulation of the user benefits long-term, which really will result from ADS-B in. We should see some of those indications in their comments to the proposed rule.
 So as I mentioned, this was kind of a win-win situation.
 Sure. As I mentioned earlier, when we set up the program office for implementation, which was approximately January 2006, one of the first things we did was develop a governance structure. In that governance structure we have stakeholders which essentially are internal to the FAA, both in the regulatory side and the air traffic organization. So you have people from airports
 So that's a fairly large volume of airspace
 That's what I am anticipating that we want to do. Again, the various ways that we can incentivize folks to equip. AOPA was talking during our break period about ways that we can use the system more effectively
 In fact, Alaska probably provides us with the best image of what that was because there were over 400 aircraft that got retrofitted and some of these were of the type that it wasn't just about putting in a new piece of equipment.
 As soon as I get down to 500 bucks, I'll be first in line to buy one. But I first have to buy the airplane, too.
 We would urge FAA to regulate, to examine and carefully regulate, if appropriate, this use of data generated by the contract as it goes forward.
 Give Mr. Petrie a hard time about high definition TV.
 So you've increased capacity, you reduce ground delays, you provide surveillance not only for the high altitude, but you're also providing it for the low altitude.
 It'll give us high altitude capability and low altitude capability.
 I'm going to ask you a couple of questions about the, Mr. Scovel talked about, complimented the FAA for the contract and said it's a robust contract.
 Also I would suggest that as we start this off, there's the early adopters that are going to end up probably paying a little bit more. But over time, I think the market forces will lower those prices and we're speculating somewhere on the order of 30% reduction.
 Additionally, what we did was by June 2006, we had gone through our first investment analysis, which really was a strong signal that we were funded to move forward with ADS-B. Starting at that point, in June 2006, we had our first industry day, and we had three of those industry days where we worked with the manufacturers, the people that came to the industry days, and solicited information. We presented and we had dialogue and all this kind of merged together to create the product, as you see,
 We are certainly prepared and look forward to meeting the committee's requests.
 The FAA, quite frankly, not only this administration but previous administrations, they do not have the best track record in following through on contracts and monitoring them.
 Our information is that UPS has indicated they would certainly be interested, airports as well.
 So folks that are sport pilots and things like that, they should be able to transmit for a very inexpensive figure.
 So, technically, you would equip, you'd want to see that ground infrastructure in place as well. So, the capabilities are there, starting in 2010, we'll be putting in the ground infrastructure.
 and I think maybe even Mr. Scovel's predecessor and maybe even Mr. Scovel, I don't want to speak for you, but there is a disconnect. And I just had that discussion with a few members of the subcommittee earlier today. And you're not the person that can correct that problem, but certainly we need to take that up with the acting administrator. It's troubling and it is not in the best interest of what we want to do.
 It also would accommodate the possibilities of acquiring the radios that you would use on vehicles, such as your fire trucks and safety vehicles.
 Can you give me a ballpark figure of what the cost is going to be for someone trying to put an ADS unit in an older airplane like that?
 I'll be happy to yield the remainder of my time to Mr. Hayes.
 Prior to that we were involved in the ADS-B process.
 and we will know that FAA has an uphill job in properly executing the contract.
 We work closely with the helicopter associations international to get access to those platforms. In kind contributions from them are providing the transportation, the electricity, the telecommunications, and the space.
 involved, our safety oversight organization, the people that put together the economic analysis, our policy people for the NPRM. On the ATO side, essentially all the vice presidents for the air traffic organization.
 and my question for you and Mr. Kefalotis is under the contract, it doesn't speak directly to the fact if you want another unit in Grand Rapids, a ground station, and they don't have one, what would be the process and does the contract allow for that increased coverage using the same ADIS and AWAS and all that routine? Hey, we need it, FAA, can you help us? How would you deal with that under the contract?
 had to make major modifications to the panel, wiring, antennas.
 So that is about 120 miles behind an aircraft and then 50 miles on either side of it.
 Very good. Mr. Ehlers, any other comment or questions?
 So now we can provide or extend our surveillance capabilities offshore, 200 miles out, and provide the helicopter operators with surveillance.
 We do have concerns about the nature of the data that's being Transmitted that's being permitted to be used in this fashion perhaps Marketing concerns as well with
 I mean, basically in terms of users, and of course, for a ground vehicle, you wouldn't have the same requirements. The multifunction display was.
 So there's a lot of platforms on the base underneath this, and we'd like to exploit those platforms to deploy our ADSB infrastructure, and again, that's something we could not accomplish with radars.
 Looks like we have a few members that are coming back.
 In fact, what we've developed there is certified by pass.
 It's like Mr. Salazar was talking about in Colorado. I mean, it gives you a shot in the arm, not a NASCAR shot, just a shot in the arm.
 You don't have to have an expensive multifunction display to receive. A lot of angst amongst the aviation community because of what the FAA has done to them in the past. We've got to prove we're not doing it to them again here.
 So, those strategies are basically the interdependencies of the program and the things that were in the contract basically are peeled out from that.
 and so on, how will this new system work? Is there separate systems or how have you, is this being, is there, has this been scrutinized? Are there ways this will enhance our security or help us to deal with unauthorized entrance into our airspace more effectively, this kind of thing? As part of the governance structure I mentioned earlier,
 Both comments to that rule are due from industry in early January.
 talking about the ADS-B components and it's essentially providing more information into the cockpit to increase the situational awareness, which translates into safety.
 I apologize for the late arrival, but I was at another committee meeting where I'm the ranking member and I had to be there.
 So September 2005 was a key decision point for the FAA to select ADS-B as the technology
 So all the requirements that we're talking about were validated in the test and demonstration phase with the use of the employees of the FAA.
 You will put a map of Alaska up in your mind. There's a huge area in the Yukon and Kuskokwim Delta area, tremendous amount of fishing, a lot of airplanes, fish spotting.
 The new services that could be provided is basically expanding our service volume.
 So with that, again, we thank the witnesses and the subcommittee stands adjourned.
 That's great, but we could make better use of that airspace.
 So that's a fairly aggressive schedule, actually.
 The other thing is when I was in Alaska the last time, and is it Dan Hill in Alaska, the supervisor at Anchorage, or Jim Hill? Jim Hill. He took me through and met with the controllers and supervisors and FAA.
 Now you bring it to the next level.
 if you can have any guidance on. There are a great many older general aviation planes around Cessna's 152, 172, 182, some older and some more recent.
 So that means that they have to have another method that's independent of using ADS-B.
 Mr. Scovell in your written testimony you have a chart in here, table one, ADSB key.
 Absolutely.
 So what we've requested in the specification is that we have independent validation of
 That's correct.
 once it's up and running, and I wonder if you would tell us how much input the agencies and stakeholders here were involved.
 No, Mr. Chairman, we weren't. With respect to modernization efforts, we'd very much like to be involved.
 Thank you, Mr. Chairman.
 as a student pilot, I would love to have it because it's very hard today to operate the aircraft and be aware of all the airplanes around you.
 And when we say the 18K, you're really pushing that on.
 Yes, mr. Chairman I
 I don't know how to work it but you don't need a multifunction display in your pickup truck.
 It will be our responsibility in this subcommittee to provide aggressive oversight to make certain that the contract is being followed and implemented as it is spelled out.
 we learned that we can't see below the radar, you could basically do.
 was discussion about using airport improvement funds for airports to acquire the ground infrastructure,
 If you have an airplane that's worth only $20,000 to $40,000, you think twice about adding too much to it.
 It's certainly possible.
 if you respond to that.
 We in the legislation that we passed out of the house, H.R. 2881, in that legislation we asked the IG's office to submit an annual report to the Congress concerning ADSB. And I'm wondering when is the next scheduled report that you are to submit to the Congress on ADSB? Well, I'll need to check with my staff, sir, and get back to you on that.
 Yes, right. Okay, so the 30% off that would get it down to roughly 7,000.
 Worked out to be a pretty good deal where they gave us access we were able to deploy our
 And the other piece of that governance structure is also the ATMAC, which started in February 2006.
 system. We know, and FAA itself has identified for us, as in its view, its primary risk being user acceptance and aircraft equipage.
 And this kind of technology, given competition, is absolutely, in my opinion, if handled properly, again, because people want it, because Mr. Cofalatos and other manufacturers have a 220,000 customer base that they want to sell to,
 Can you give me any figures on that? Sure, I understand your concerns on that.
 And we know that ITT is certainly looking on that prospect favorably.
 And then we have multiple ways of taking the airport improvement funds and funneling it through this contract vehicle so that you can open up new service volumes.
 Thank you all for being here to testify and answer our questions.
 services now that you can see that we can clearly put five mile separation.
 I wanted to ask you why the rulemaking is at 2020 as opposed to 2019, 2021. How did you arrive at the year 2020?
 I thank you and the chair now recognizes the ranking member.
 And what I want you to talk about is the levels of equipment.
 You hear us using numbers that are like 10K to 18K.
 That's what basically gave the confidence in moving forward in selecting ADS-B over radar and over multilateration.
 Okay, what you're looking at is basically the airspace that's considered oceanic. As you look at that light shaded blue area, that's about 100,000 square miles of what we call oceanic airspace.
 I'm not sure.
 From your standpoint, when should the FAA, when is the next major project or the next major step in the completion of ADSB that the FAA needs to be watching carefully and this subcommittee needs to be watching carefully to see if, in fact, the contractor is performing as
 And that's where you get that increased situational awareness that we were just talking about.
 The chair recognizes the gentleman from North Carolina, Mr. Hayes. The gentleman from Michigan is recognized and we'll just give him his time and not yours, Mr. Hayes. How's that? Mr. Halems is recognized.
 $6,000 you can get the box.
 ADS-B guy, transmit and receive and on up if you talk about that a little bit.
 And I think to other members of this committee, we've held hearings on the flight service station contract with Lockheed Martin.
 So the combination of the controller seeing it from the inside and the brother with the airplane and the difference in time with the airplane that's equipped and being able to land under low visibility conditions was dramatic. So these are real world examples.
 And so we'd be able to use funds from other sources to essentially purchase this capability.
 I think that's a good point.
 So this gives you an example of the capacity constrained by our separation standards as a function of keeping safe separation between
 The other component was we wanted to work with industry and demonstrate that we were going to make this investment and not pull away. This has been brought to our attention as something that they were concerned with.
 Other examples of applications for ADS-B out would be search and rescue.
 I dashed over here. Mr. Hayes, I understand, has already played his usual role as a staunch defender of general aviation.
 So, there are ways of exploiting the capability of the identification of coming off the aircraft now and being able to take advantage of it.
 I yield back, Mr. Chairman.
 Petrie.
 So we have these nice, tight, small units that can be deployed on the oil platforms, providing services.
 I have a, we'll start on a second round of questions.
 You can equip so that you can transmit your
 at that point in time. Those were the three alternatives. At the conclusion of that investment decision, we moved forward and basically they moved it into implementation and set up a program office. And so we've been in, I would say, a planning state since January 2006 up until this point. We've gone through three additional joint resource councils, which is investment decisions, that acquired the funding for the full program to award the contract.
 And so as you see aircraft leaving either out of Mexico, what you're seeing is that's radar coverage up to the light blue area. Once they go into that light blue area, what we do is we sanitize the airspace around the aircraft because we really don't have any surveillance capability.
 So all that provided us with enough rich information to get a good feel for it.
 If more than one member of the panel may want to address this subject, but we're all pretty familiar with the radar based system and all the NOAA RAD and all the different things that we have in place to try to provide security in our airspace.
 Mr. Chairman, I'd pick the very first item that you mentioned off the list that appears in the chart in our written testimony. The notice of proposed rulemaking was issued a short while ago.
 The other thing I'm trying to get the ESB in is if I'm transmitting out information, that's an enabler for other aircraft to receive it and display it.
 And so when you combine all that information, you're able to validate that that target truly is who they are.
 months ago. It's gone down since then. Don't want to mislead people.
 So you've heard the terms earlier called ADS-B out and ADS-B in. So ADS-B out is you can just have the pure function of transmitting your information.
 And then the contract has in it what we call generic service volumes and
 We have held hearings on the issue of safety in the workplace and air traffic control towers and other FAA facilities. And it has been apparent in the past that when the administration is making decisions that they are not consulting with all of the stakeholders. And I think that was noted by both the GAO and the
 And again, where we're in uncontrolled airspace.
 So, as they approach on the United States coast, you'll also notice that we pick them up and rate our coverage.
 So that was pretty much one of the drivers.
 I don't know where the clock's going up or down.
 ADS-B out can now feed the air traffic controllers where they can provide air traffic control separation services. So that's an example of just utilizing ADS-B out.
 Unfortunately, they gave up when votes came.
 But now the staff tells me they're worried about people pretending to be someone else or fusing, what? Spoofing, I guess. Could you, I don't, I guess we don't want to go into what you do, but you have ways of dealing with spoofers or? Correct. In the specification, it's called out that you have to have a means for independent validation of the actual aircraft that we're surveilling.
 Thank you, gentlemen. Just a final question for Mr. Scoville and I guess to maybe Mr. Camposuto, maybe you can comment as well.
 capability. And you can do that in other places where you don't have radar as well.
 want to talk a little bit about that in a second. But so the just for the record and so the subcommittee members know in putting the contract together as far as the ITT's responsibilities and what needs to be accomplished in timelines and targets, who else was consulted in the process? PASS is represented here, Mr. Brantley at the table. He has 11,000 members that he represents. The air traffic controllers are an integral
 targets, and to point out that they can do that with their own means, the contractor can, but we also have our radars in place.
 I think ADS-B is a great thing.
 I think our members have a lot to offer the agency. But beginning about four years ago, the agency informed us that our participation was no longer welcome or needed, and we have not been involved since.
 it would be very instructive for those of us who remain for this video to be shown it graphically demonstrates the space and the time savings involved in ADS-B so if you wouldn't mind and
 that's the ones that were more invasive to the actual aircraft.
 ITT will have virtually a monopoly over the information that's generated through the ADSB system. FAA owns the data, but through the contract, FAA has consented to ITT being able to market, to package, to sell that data to users who might be interested. They might include air carriers.
 on the airport, but if you want it, you can put it there.
 and to make certain that the FAA is providing the right oversight as well.
 and procedural separation with ADSB and the way we deploy the infrastructure.
 Two things that occurred this year was in some of the reauthorization language that
 But I'm concerned about the cost.
 I would like to, actually. Prior to the implementation phase, moving forward, so
 don't have it readily available.
 Mr. Chairman, can I carry on? Benny, you're talking over our head again. Vern, what I'm looking for is a handheld unit, 1295, out in East
 Okay, thank you very much, that's helpful.
 If those comments in response to the notice of proposed rulemaking come back and really hit that point hard and pound it home,
 And that's probably one of the most highly priced real estate in the world is getting access on those platforms.
 Once a month we meet, we essentially bring the program issues to the table and we discuss things and consolidate on an answer.
 blackberry so that they're on the ground national airport looking at the weather over monobelo knowing exactly what's going on spider with the guy in the front still is
 And I know that it'll be easy to make the transition, but I still worry about the cost.
 As a policy decision, the FAA and the administration are certainly free to enter into a contract with these terms.
 So 220,000 customers just went almost into infinity.
 This is an issue that we will be following very closely, as I know the Inspector General and the FAA will. We, of course, all have the same goal in mind, and that is to get the system up and running, implement it, and get the maximum use of it as early as we possibly can.