In Board of Selectmen January 4, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Richard Benka and Kenneth Goldstein (Mermell absent)

The Minutes of December 21, 2010 were approved as amended.

In Board of Selectmen January 4, 2011 Page 2 of 14

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel.

__ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

In Board of Selectmen January 4, 2011 Page 3 of 14

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative: 3-0 DeWitt Benka Goldstein

(Daly arrived after roll call, 6:35)

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen January 4, 2011 Page 4 of 14

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

The Town will celebrate the 25th anniversary of Martin Luther King Day on January 9, 2011 at the Coolidge Corner Theatre.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

GRANT

The Board considered the question of accepting a grant in the amount of $6,000 from the Governor’s Highway Safety Division to be used to provide extra patrols during the following time periods:

December 16, 2010 – January 2, 2011 May 23, 2011 – June 5, 2011 August 19, 2011 – September 5, 2011

Chief O’Leary stated that this grant will be used for drunk driving awareness, and seat belt safety. Selectman Goldstein asked if the August –September dates would interfere with the extra patrols given during University student transitions. Chief O’Leary replied no, that would still be a priority, it’s covered under another grant.

On motion it was unanimously,

VOTED: To accept a grant in the amount of $6,000 from the Governor’s Highway Safety Division to be used to provide extra patrols during the following time periods:

December 16, 2010 – January 2, 2011 May 23, 2011 – June 5, 2011 August 19, 2011 – September 5, 2011

In Board of Selectmen January 4, 2011 Page 5 of 14

DONATION

The Board considered the question of accepting a donation in the amount of $500.00 from the Korean Church of Boston to be used in connection with the police community service activities.

Chief O’Leary stated that the Korean Church has given this donation for many years now. It is used for community service activities. Selectman Daly noted that the Korean Church is the only one in Brookline that does this voluntarily, it is a nice recognition of their place in the community.

On motion it was unanimously,

VOTED: To accept a donation in the amount of $500.00 from the Korean Church of Boston to be used in connection with the police community service activities.

HOME RULE PETITIONS

The Board considered the question of executing and forwarding to the Brookline Legislative Delegation the following Home Rule Petitions approved at the November 16, 2010 Special Town Meeting:

Article 4 Town Administrator Act Amendments

Article 14 Voting Rights for Permanent Legal Residents

Article 15 Taxi Medallion Technical Correction

Chairman DeWitt stated that a letter is being sent to Representative Smizik requesting the filing with the General Court. Town Administrator Melvin Kleckner added that there is another petition pending regarding the Police Department, that allows the expansion of the criteria for new applicants. If it does not pass this session, it may have to be re-filed.

On motion it was unanimously,

VOTED: To execute and forward to the Brookline Legislative Delegation the following Home Rule Petitions approved at the November 16, 2010 Special Town Meeting:

Article 4 Town Administrator Act Amendments

Article 14 Voting Rights for Permanent Legal Residents In Board of Selectmen January 4, 2011 Page 6 of 14

Article 15 Taxi Medallion Technical Correction

ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting an All Kinds of Alcoholic beverages license to Cuisine Chez Vous, Inc., in connection with a Birthday Party to be held on January 8, 2011 from 7pm -11pm at the Larz Anderson Auto Museum, 15 Newton Street.

On motion it was unanimously,

VOTED: To grant an All Kinds of Alcoholic beverages license to Cuisine Chez Vous, Inc., in connection with a Birthday Party to be held on January 8, 2011 from 7pm - 11pm at the Larz Anderson Auto Museum, 15 Newton Street.

BOARDS AND COMMISSIONS

The following candidate for Boards and Commissions appeared for interview:

Human Relations/Youth Resources-Katherine O’Halloran has been on the Commission for many years. She is involved in a program on bullying, and would like to continue to work on that. She hopes that a new program will fill any information gaps there may be between the schools and the Police Department. Their goal is to bring the subject out in the open, and provide additional resources to the community.

FRAUD ASSESSMENT POLICY

Director of Finance Stephen Cirillo and Comptroller Judy Haupin appeared to review the Fraud Assessment Policy.

Selectman Daly stated that the auditors recommended that a fraud risks policy be developed. It was not because they discovered a lot of fraud going on; it related more to the School Department that has many small accounts, and how to control them properly. Director of Finance Steve Cirillo added that this is not because of any finding of fault; it is a best practice recommendation.

Comptroller Judy Haupin reviewed the policy with the Board. She stated that this is a good document, providing the policies and guidelines to help townspeople, employees, contractors, etc on how to report any concerns. It contains an assessment questionnaire. It will also assist the financial users on what is acceptable procedure, and what is not.

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Chairman DeWitt asked about the annual risk assessment questionnaire. Ms. Haupin replied that it is in spreadsheet form and is guided by yes, no answers. It covers basic questions like “do you handle cash, open mail, deposit cash etc.” and moves them along depending on their answers. This will give Ms. Haupin insight to how transactions are being handled.

Selectman Benka noted the guideline uses the expression “inventory and all other assets”. He asked if that could be a broader term that would include, “or anything of value” He was referring to scrap metals, which has been a concern in some municipalities. Another issue is under the corruption section “bribery or illegal gratuities” the term “influencing an official act or business” decision appears in a couple of locations. It may not be an official act or a business decision but a Town employee may make recommendations to members of the public about contractors, attorneys etc. He is not sure that this is an official act or a business decision, but there is an opportunity for improper influence, and perhaps that could be considered in the language.

Selectman Goldstein noted that in the Policy Statement where it states the categories of individuals that the policies applies to, he would like to see added, elected officials and Committee Board members, even though they don’t have control over financial assets, misrepresentations could apply. Selectman Goldstein brought up tools and equipment, and if there could be a questionnaire addressing this. Ms. Haupin replied that she tracks vehicles and computers, but, would like to explore how the various Departments keep track of their inventory.

Chairman DeWitt stated that reporting improper activities is a difficult task for employees, especially if a supervisor is involved. This provides direction for the employees. Chairman DeWitt would like Town Counsel to review this document.

The Board commended Ms. Haupin in starting with a blank slate and producing this well designed policy. Chairman DeWitt added that this is a responsible and appropriate activity; fortunately, there have not been any major concerns in this area.

DISCRIMINATION POLICY

Human Resources Director Sandra DeBow appeared to review the Policy Against Discrimination, Sexual Harassment and Retaliations adopted by the Human Resources Board.

Human Resources Director Sandra DeBow stated that this policy has been approved by the Human Resources Board. There was a long discussion on whether these subjects should be integrated or separated; this is what they came up with. The policies are more concrete and streamlined then the previous policies.

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Chairman DeWitt asked about the investigation section, given the Police Department’s new citizen complaint process, is there any need for a change or additional training for that sort of investigation? Ms. DeBow replied that they have worked closely with Town Counsel on this. The investigatory process will not change that much, it has been a tried and true process. The Human Resources Department will be provided special training to help with some delicate situations at a lower level that may be percolating up to a complaint level. Chairman DeWitt noted that the Board of Selectmen plays the role of a Board of Appeals. She would like some kind of guidelines for the Board.

Selectman Goldstein asked about the references between the employees and the services provided by the Town. Should there be more detail pertaining to the services provided by the Town. Ms. DeBow replied that a lot of thought went into this. There are mandates that protect our employees from discrimination amongst each other, and from the public. When they tried to address this, it became very confusing. It was refereed for non-employees to contact the Human Relations Department. She will look at this area again. Selectman Goldstein added that perhaps it could be incorporated by adding a bullet point in section III covering the services provided. Selectman Benka added that Town Counsel’s office had addressed some of these issues when he had raised them.

Chairman DeWitt noted that it is written in a very accessible way, and is glad that the Town has this policy.

CLIMATE WEEK PRESENTATION

Mary Dewart and other members of the Climate Control Action Committee appeared to update the Board on the upcoming Climate Week events.

Paul Harris and Mary Dewart reviewed their introduction:

Climate Change Action Brookline (CCAB) is a group of volunteer activists committed to the vision of Brookline evolving from an energy-consuming community to an energy- conserving community.

CCAB is a member of Massachusetts Climate Action Network (MCAN), a network of local and statewide groups dedicated to halting the threat of global climate change.

CCAB has identified the following primary goal:

To enlist - by the end of 2012 - participation of 85% of Brookline households in the Brookline Climate Action Campaign, with an average 25% reduction in GHC emissions compared to 2008.

We realize that this goal is an audacious one, but have adopted it for two reasons. First, we believe that the need for action is urgent and the time short. Second, we intend for In Board of Selectmen January 4, 2011 Page 9 of 14

Brookline to be a model for other communities and to accelerate positive action elsewhere. To these ends, we must dramatically and visibly reduce our community's carbon footprint.

Ms. Dewart reviewed the Brookline Climate Week activities for January 23rd through January 30th 2011. [email protected]

The Board thanked them for the update.

PARK AND RECREATION COMMISSION

Park and Recreation Director Lisa Paradis and members of the Park and Recreation Commission appeared to discuss recommendations for the concession operations at the Golf Course.

Chairman DeWitt stated that this is a town-owned property which falls under the State Statute, 30B bidding process. The Town is obligated under 30B to process an RPF each time the lease is up at the Golf Course Clubhouse.

Park and Recreation Director Lisa Paradis stated that as the Director of Parks and Recreation, she is responsible for three budgets. One of the budgets is the Enterprise Fund for the Golf Course which is a self sustaining budget with no tax dollar subsidy. The Golf Course is an economy driven business, vying for leisure dollars in a competitive market. The cost of running the operation the Golf Course in recent years has increased. The Town has asked them to run the Course like a business, which is expected to run an efficient and revenue positive operation. We are now charged with finding other creative non-golf revenue sources to make ends meet. This includes utilizing the Golf Course Clubhouse to its fullest potential in the winter months. The plan has always been to keep the integrity of the historic presence of this facility intact. The goal is to keep this property from being a tax-payer subsidized facility. Without new revenue sources this cannot be done.

Jim Carroll of the Park and Recreation Commission added that the Commission put out an RFP to choose a new concessionaire. It was a clear, concise process. Throughout the process there were three proposals, two were looked at extensively. It became clear that there are different ways of running this operation. They came to a decision to choose a particular vendor, not only for financial reasons, but creative marketing ideas were presented as well, that would benefit both the concession and the golf course. Chairman DeWitt stated that the original RPF had some flaws according to Town Counsel. Ms. Paradis replied that the issues were not with the RFP but with the liquor license attached to it. The next step is to re-issue the RFP, with review by Town Counsel, and have it issued by mid February.

Selectman Daly had concerns that there was no public hearing on this. They are taking something seasonal and making it full time, it is important to have some input on In Board of Selectmen January 4, 2011 Page 10 of 14

this from the neighborhood. She also is concerned about lighting that would be needed full time in the parking lot, as well as snow and ice removal. Ms. Paradis replied that they looked at the last RFP, and how the current vendor came into play. Part of their offering was to be a full-service restaurant; that lasted 3-4 weeks. There has been no change in the current RPF and the new one. The contract itself did not change. The snow removal is something that is done now because the course offers winter golf. The lighting has been an issue. Some lighting has been put in, but she agrees, there still needs to be more.

Selectman Goldstein asked if it is a realistic view that any operator can make a year round restaurant business out of this site, given its location, and set up. Ms. Paradis replied no, she feels that there needs to be a creative alternative and be looked with fresh eyes. There is no reason why this location cannot be functional and operational and provide a service to the public.

Danny Weisel, current vendor along with his wife Lisa, stated that he is very frustrated and confused. He felt that he had to defend himself against a letter written by the Park and Recreation Commission. He feels that the letter is not factual, and slanderous. He added that the RFP was sloppy, inconsistent and at no point did it mention a full year establishment. He also felt that the tasting portion of the RFP was ill prepared. Also, their references have never been checked. They are now in limbo, their staff is unemployed, and in two very bad economic years, they were able to grow business. They paid $30k for the contract four years ago, and they went in there and turned the place around. Mr. Weisel held 83 letters from various supporters. There was no indication from the Town that there was any improvement that they wanted to have. They tried to stay open year round but, could not make a go of it. They are Brookline residents, a great vendor and worked hard to change things around up there.

Chairman DeWitt stated that this is an opportunity to clarify the RFP; however, there is always the possibility that you may not be successful in the new RFP. It is a requirement that we have to follow. She also feels that they should understand what the expectations are. Mr. Weisel agreed.

Selectman Benka stated that it is evident that their reputation in Town is first rate. The RFP process will be repeated because of the liquor license concerns. Hopefully the first time through will be considered a learning process, still, it is a competitive process, which is the nature of 30B. All the bidders should know what the target is when the process is repeated.

Selectman Goldstein added that this will be a fair and open process. He added that he did not see anything slanderous in the referred letter; he did not interpret it the same way the Weisels did. The other Board members agreed.

Chairman DeWitt added that the Park and Recreation Department has been increasing fees, most recently, the unpopular Green Dog fee to raise needed revenues. She stated that they are not being singled out, and acknowledged that they are a respected In Board of Selectmen January 4, 2011 Page 11 of 14

family of the community. Lisa Weisel thanked her and added that they do pay the Town for a room fee for their catered events.

John Bain stated that his comments in the letter were factual. There was no personal attack. It is just simply that they are looking to expand the revenues for that establishment.

Ms. Paradis asked if a public hearing is the direction that she should take, being that the contract terms has not changed since the first public hearing, and asked if the Board supports a year round establishment. Selectman Daly replied that she feels that would be the right thing to do since the establishment is going from an eight month business to a year round one. Selectmen Goldstein added that he supports a year round operation if there is a reasonable basis to believe that it can be successful, meaning a business plan, and the infrastructure of the location can accommodate it. Selectman Benka agreed with Selectmen Goldstein.

Nancy O’Connor, Park and Recreation Commission member asked if there would have to be a Public Hearing every time there is an RFP, even though the terms have not changed. Selectman Daly replied that every three years is not unreasonable to have a Public Hearing to hear from the neighbors.

Regina Frawley TMM#16 stated that this is tax-payers property and was glad to hear that a Public Hearing will be held for input. She noted that the history of the property is that there is a commercial enterprise on a non-commercial area which caused neighborhood concerns. She added that this is a difficult time for restaurants in the area.

There was no vote on this agenda item.

BOARDS AND COMMISSIONS

The Board considered the question of making appointments to the following Boards and Commissions:

Arts Commission Commission for the Disabled Solid Waste Advisory

Arts Commission

On motion it was unanimously,

VOTED: To re-appoint Gavin Andrews to the Arts Commission for a term ending August 31, 2013, or until a successor can be appointed.

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VOTED: To re-appoint Katherine Ewen to the Arts Commission for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To re-appoint Jeannette Guillemin to the Arts Commission for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To re-appoint Katherine Lapuh to the Arts Commission for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To re-appoint Mario Wilson to the Arts Commission for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To appoint Mori Insinger to the Arts Commission for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To appoint Jonathan Lewis to the Arts Commission for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To appoint Giti Saeidian to the Arts Commission for a term ending August 31, 2013, or until a successor can be appointed.

Commission for the Disabled

On motion it was unanimously,

VOTED: To re-appoint Eileen Berger to the Commission for the Disabled for a term ending August 31, 2012, or until a successor can be appointed.

VOTED: To re-appoint Melvin Ritter to the Commission for the Disabled for a term ending August 31, 2012, or until a successor can be appointed.

VOTED: To re-appoint Keith Duclos to the Commission for the Disabled for a term ending August 31, 2012, or until a successor can be appointed.

VOTED: To re-appoint James Peters to the Commission for the Disabled for a term ending August 31, 2011, or until a successor can be appointed.

VOTED: To re-appoint James Miczek to the Commission for the Disabled for a term ending August 31, 2011, or until a successor can be appointed.

VOTED: To appoint Barbara Ceconi to the Commission for the Disabled for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To appoint Benjamin Halsband to the Commission for the Disabled In Board of Selectmen January 4, 2011 Page 13 of 14

for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To appoint Eric Jonas to the Commission for the Disabled for a term ending August 31, 2012, or until a successor can be appointed.

Solid Waste Advisory

On motion it was unanimously,

VOTED: To re-appoint Barbara Field to the Solid Waste Advisory Commission for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To re-appoint Adam Mitchell to the Solid Waste Advisory Commission for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To re-appoint Cynthia Snow to the Solid Waste Advisory Commission for a term ending August 31, 2013, or until a successor can be appointed.

ANNUAL TOWN MEETING/ELECTION

The Board considered the question of setting the dates for the Annual Town Meeting and Town Election.

On motion it was unanimously,

VOTED: To set the dates for the Annual Town Meeting and Town Election as follows:

Opening date of the Warrant February 10, 2011. Closing date of the Warrant March 10, 2011 Town Meeting May 24, 2011. Town Election May 3, 2011

There being no further business, the Chair adjourned the meeting at 9:10 p.m.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date.

1. Memo from TA and S. DeBow to BOS/sideletter agreement draft In Board of Selectmen January 4, 2011 Page 14 of 14

6. Postponed 7. Application 8. Draft guidelines/letter to BOS from J Haupin/draft policy statement 9. Draft policy 10. CCAB flyer 11. Letter to BOS Chair from J. Bain Park &Rec 12. Applications/resumes 13. Town meeting/election schedule 14. Minutes December 21, 2010 15. Memo from Chief O’Leary to TA/letter to Chief from Secretary of Public Safety 15A memo for Chief O’Leary to TA 16. Letter from BOS Chair to Rep Smizik/copy of Town Clerk recorded votes 17. Postponed 18. One Day application/memo form Chief O’Leary to TA

In Board of Selectmen January 11, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein

The Minutes of January 4, 2011 were approved as amended.

In Board of Selectmen January 11, 2011 Page 2 of 14

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

Chairman DeWitt called for a moment of silence in honor of the Arizona shooting victims.

SELECTMEN UPDATES

Reports by individual Selectmen on activities related to carrying out the responsibilities of the Board.

The Town has posted a snow emergency parking ban effective tomorrow at 6 a.m.

Selectman Mermell announced that the Martin Luther King celebration at the Coolidge Corner Theatre was well attended. She thanked the Coolidge Corner Theatre for its support for the event.

The Women’s Commission is collecting clothing for children for their “Room to Grow” program on January 28th and 29th.

January 20th the UMASS Medical School, Eunice Kennedy Shriver Center will be holding an emergency preparedness session for parents and guardians of disabled persons at the Health Building.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no public comment.

ROTARY-FUNDRAISER

Members of the Rotary will appear to update the Board on their upcoming Fundraiser to help support the Brookline Food Pantry.

Rotary members Ken Jaffe, Justin Berke and Chobee Hoy updated the Board on the following upcoming event:

The Brookline Rotary Club is sponsoring “Have a Heart: A Chocolate Extravaganza” on Sunday, February 6, 2011 from 12 noon to 3:00pm at the Brookline Holiday Inn located at 1200 Beacon Street. The themes are chocolate in celebration

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of Valentine’s Day and the spirit of giving. The Rotary Club will donate proceeds from the event to the Brookline Emergency Food Pantry.

Twenty vendors will be showcasing their best chocolate food and drink for sampling. There will also be music and other beverages available throughout the event, and a Silent Auction with Red Sox tickets, gift certificates and other items.

The Brookline Food Panty has seen an increase of residents seeking assistance. Any assistance to the Food Pantry is appreciated and much needed.

The Board thanked them for the update and acknowledged the work that the Rotary does for the community.

APPLICATION

The Board considered the question of approving and authorizing the Chairman to execute a grant application for funds under the HUD Ross Grant Program to assist Brookline Housing Authority families with self sufficiency, education and health services.

Director of Brookline Housing Authority Brian Cloonan stated that this application is for HUD funding for services provided to the residents of 22 High Street and 28-42 Walnut Street. This is a three year grant, and for approximately $80,000.00. The services are in place. HUD requires the Board to sign off for consistency with the Town Consolidated Plan.

On motion it was unanimously,

VOTED: To approve and authorize the Chairman to execute a grant application for funds under the HUD Ross Grant Program to assist Brookline Housing Authority families with self sufficiency, education and health services.

CDBG ADVISORY COMMITTEE

The Board considered the question of appointing Frank Steinfield to the CDBG Advisory Committee.

Selectman Daly, the Selectmen’s representative to the Committee, stated that the Chair of the Committee suggested that more members be appointed. The Brookline Community Foundation has expressed an interest of having one of their Board members sit on the Committee. Mr. Steinfiled is a non-profit management consultant, and Chairs the Foundations Grants Committee. He is also a Town Meeting Member, and a Board member of the Lawrence School Extended Day Program.

In Board of Selectmen January 11, 2011 Page 4 of 14

On motion it was unanimously,

VOTED: To appoint Frank Steinfield to the CDBG Advisory Committee.

CONTRACT

The Board considered the question of executing Contract No. PW/11-13 “Lower Beacon Street Sewer Separation – Phase II” (effective January 4, 2011) in the amount of $16,556,562.50 with P. Gioioso & Sons, Inc. of Hyde Park. Said contract was awarded on November 9, 2010 and will be funded from account 4995SW54 524003.

Director of Engineering Peter Ditto stated that this contract was awarded on November 9, 2010. It is now ready to execute. Chairman DeWitt asked if the neighborhood will be properly noticed. Mr. Ditto replied yes, once he receives the detailed schedule and traffic management plan from the contractor. Selectman Benka asked about the staging area, and if a location was determined yet. He requested that it be moved as far away as possible to minimize the impact to the commercial area. Mr. Ditto replied that it will be discussed at the pre-construction meeting. Selectman Daly added that she hopes the merchants in the area will not experience hardship like they did during the Beacon Street Project.

On motion it was unanimously,

VOTED: To execute Contract No. PW/11-13 “Lower Beacon Street Sewer Separation – Phase II” (effective January 4, 2011) in the amount of $16,556,562.50 with P. Gioioso & Sons, Inc. of Hyde Park. Said contract was awarded on November 9, 2010 and will be funded from account 4995SW54 524003.

GIFT

The Board considered the question of accepting, in accordance with the Zoning Board of Appeals decision, $10,000 from the Coolidge Fitness LLC for improvements to the Devotion School Playground and establishing a special account for such purpose.

Commissioner Andy Pappastergion stated that during the construction of the fitness site, the Zoning Board of Appeals put a condition of payment of $10,000.00 to be used for improvements to the Devotion School Playground.

On motion it was unanimously,

VOTED: To accept, in accordance with the Zoning Board of Appeals decision, $10,000 from the Coolidge Fitness LLC for improvements to the Devotion School Playground and establishing a special account for such purpose.

In Board of Selectmen January 11, 2011 Page 5 of 14

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSES

The Board considered the question of granting a temporary All Kinds of Alcoholic Beverages licenses to the following in connection with events to be held at the Museum of Transportation, 15 Newton Street (no sale of alcohol):

The Catered Affair Memorial January 15, 2011 6pm-11pm

Sensational Foods, Inc. 50th Anniversary Party January 22, 2011 4pm-8pm

Sensational Foods, Inc. Members Party January 28, 2011 6pm-11pm

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic Beverages licenses to the following in connection with events to be held at the Museum of Transportation, 15 Newton Street (no sale of alcohol):

The Catered Affair Memorial January 15, 2011 6pm-11pm

Sensational Foods, Inc. 50th Anniversary Party January 22, 2011 4pm-8pm

Sensational Foods, Inc. Members Party January 28, 2011 6pm-11pm

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to the Lincoln School PTO in connection with a Dance to be held on January 28, 2011 from 7pm-11pm at the Lincoln School Gym, 19 Kennard Road.

In Board of Selectmen January 11, 2011 Page 6 of 14

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to the Lincoln School PTO in connection with a Dance to be held on January 28, 2011 from 7pm-11pm at the Lincoln School Gym, 19 Kennard Road.

SNOW AND ICE BUDGET

The Board considered the question of invoking Massachusetts General Law Chapter 44, Section 31D to allow the Department of Public Works to expend funds in excess of the FY2011 Budget appropriation for Snow and Ice Control.

Commissioner Andy Pappastergion stated that a reserve fund transfer is necessary at this time to cover existing budget shortfalls within the Department of Public Works. If Chapter 44, section 31D is invoked, the DPW could expand funds in excess, and work against that in future surpluses.

Selectman Daly added that this has worked well in the past. It allows the department a chance to take a look at their accounts and balance them through surpluses, before requesting a reserve fund transfer.

On motion it was unanimously,

VOTED: To invoke Massachusetts General Law Chapter 44, Section 31D to allow the Department of Public Works to expend funds in excess of the FY2011 Budget appropriation for Snow and Ice Control.

PUBLIC WORKS – PERSONNEL

The Board considered the question of authorizing the filling of the following vacancies in the Department of Public Works:

(3) Laborers (LN-1) (1) Gardner/Laborer (LN-2) (2) Motor Equipment Operators Grade 2 (LN-3) (2) Park Maintenance Craftsperson (LN-3)

Commissioner Andy Pappastergion stated that in August the Board approved 5 out of 7 vacancies. As of today, the Department of Public Works has 10 vacant positions. All of the requested positions are utilized for snow and ice removal as well as being crossed- trained in both Highway and Sanitation operations. Mr. Pappastergion also noted that he is aware of additional retirements pending between now and July 1st.

In Board of Selectmen January 11, 2011 Page 7 of 14

Selectman Goldstein asked how long he thinks it will take him to fill these positions. Mr. Pappastergion replied within 3-4 weeks. Selectman Goldstein asked if there are any changes to the enforcement of the sidewalk snow clearing ordinance in light of the heavy snowfall. Mr. Pappastergion replied no changes, the Town attempts to enforce it. The ordinance allows residents and merchants 30 hours after a snow event to clear its sidewalks. Chairman DeWitt stated that there are resources available for those in need of assistance within the Recreation Department and the Council on Aging.

On motion it was unanimously,

VOTED: To authorize the filling of the following vacancies in the Department of Public Works:

(3) Laborers (LN-1) (1) Gardner/Laborer (LN-2) (2) Motor Equipment Operators Grade 2 (LN-3) (2) Park Maintenance Craftsperson (LN-3)

STREET SIGN WAIVER

The Board considered the question of requesting a waiver/exemptions from the Federal Highway Administration from the legibility and retro-reflectivity requirements for Brookline’s unique and historic cast aluminum street signs.

Harry Friedman TMM#14 reviewed the following memo:

Brookline has a unique set of metal street signs. These surviving cast aluminum signs date from 1937 to WWII, when they replaced wooden signs. We know of only one other set of cast metal signs in the country, those in Lower Marion Township, PA; they are cast iron and cast aluminum. Brookline’s historic signs have been deemed eligible for listing in the National and State Registers of Historic Places by the Massachusetts Historical Commission.

Over the past several years, the DPW has replaced many of these historic signs with newer ones as recommended by the Federal Highway Administration (FHWA) through its Manual of Uniform Highway Control Devices (MUTCD). The new signs are green and white with larger writing, often not very legible. The MassHighway Commissioner stated that as long as no federal funded project or no state highway was involved, Brookline could keep its cast aluminum signs. Many signs in National Register and Local Historic Districts have been retained.

Recently, the FHWA has once again issued new requirements for more legible lettering on street signs. There is a comment period about the new requirements through January 14, 2011. This is an opportunity to request that the federal and state agencies recognize the importance of Brookline’s historically significant street name signs.

In Board of Selectmen January 11, 2011 Page 8 of 14

At its December meeting during the public comment period, TMM Harry Friedman made a brief presentation noting that the new round of proposed changes to the MUTCD guidelines for street name signs has led to the opening of a Federal Register comment period because of widespread concern about the cost of those additional changes. The Town has an opportunity to officially comment on the impact of the guidelines on National Register eligible historic signs such as ours. The Lower Marion Township Pa. is also planning on filing similar comments. The BPC was not able to vote on the issue because it had come up during the public comment period. However, the sense of the commissioners was uniformly positive and the Commission will take a formal vote on the issue at its next meeting on January 11th, 2011.

The staff requests that the Board of Selectmen support this effort and support a waiver. Thank you for your consideration.

Selectman Mermell asked if there is any safety requirements needed to prevent glare on the signs. Chairman DeWitt replied that there is a reflective coating that can go on them. Selectman Daly added that the Town worked on this a few years ago to maintain the character of Brookline Streets.

Selectman Benka asked about the missing signs from the Beacon Street Project. Director of Engineering Peter Ditto replied that in the contract it was stated that the street signs would be removed and replaced. Of the 35 street signs, 24 were replaced. There are 10 signs that are misplaced. An inventory of the Town Garage is needed to locate the 10 street signs. Selectman Benka asked if the contractor will be held responsible for the 10 signs. Mr. Ditto replied no, that project is now closed, but that the Town received a credit that would more than cover the cost of duplicating signs.

Rob Daves, High Street Hill Association stated that a few years ago there was a verbal agreement that the historic street signs would not be taken down in that area, but they were. Some residents of his neighborhood have sent in their comments to the Federal Highway Administration in support of the historic street signs. Mr. Daves also stated that the price to replace them is not as costly as you would think.

Chairman DeWitt asked Mr. Ditto to work with the Preservation Department on the inventory of the signs.

On motion it was unanimously,

VOTED: To request a waiver/exemptions from the Federal Highway Administration from the legibility and retro-reflectivity requirements for Brookline’s unique and historic cast aluminum street signs.

POLICE PERSONNEL

The Board considered the question of appointing the following candidates as Police Officers effective January 17, 2011:

In Board of Selectmen January 11, 2011 Page 9 of 14

Derek Wennerstrand Michael Raskin

Chief O’Leary stated that he is pleased to present the following candidates for appointment to the Brookline Police Department.

Derek Wennerstrand is a graduate of Norwood High School and is enlisted in the United States Army Reserve, serving in Iraq from 2003 thru 2004. Mr. Wennerstrand is currently employed as a Town of Norwood Police Officer since 2006. He is not required to attend the academy having already done so.

Michael Raskin was raised in Brookline and currently resides in Westwood MA. He is a graduate of Brookline High School and Boston College. Mr. Raskin was previously employed by the Brookline Police Department from 1986-2009 as a Sergeant to the Community Relations Division concentrating in Homeland Security/Emergency Management. Mr. Raskin resigned from the Department to take a position as the Associate Director of the Massachusetts Emergency Management Agency. He will hold the position of Patrol Officer.

The Board congratulated the two candidates and thanked them for their service to Public Safety.

The officers will be sworn in by the Town Clerk on January 18th.

On motion it was unanimously,

VOTED: To appoint the following candidates as Police Officers effective January 17, 2011:

Derek Wennerstrand Michael Raskin

INFORMATION TECHNOLOGY – PERSONNEL

The Board considered the question of authorizing the filling of a vacancy in the position of IT Systems Analyst (T-10) in the Informational Technology Department.

Chief Information Officer Kevin Stokes stated that this position works within the Department of Public Works. The position was created in July 2010, and was successful in implementing the DPW’s technology goals. The employee has since left this position to return to a previous employer, leaving this position vacant.

In Board of Selectmen January 11, 2011 Page 10 of 14

Selectman Mermell added that this position is essential for the Town to reach its goal of technology driven public interaction like Gov2.0.

On motion it was unanimously,

VOTED: To authorize the filling of a vacancy in the position of IT Systems Analyst (T-10) in the Informational Technology Department.

DISCRIMINATION POLICY

Further review and vote on the Policy Against Discrimination, Sexual Harassment and Retaliations adopted by the Human Resources Board.

Director of Human Resources Sandra DeBow presented the final document which had some minor changes in the language as discussed at last week’s Selectmen’s meeting. Chairman DeWitt asked about the training required to adhere to the new policies. Ms. DeBow replied that they have reached out to 175 supervisors, and had them trained under the Massachusetts Commission Against Discrimination. The Human Resources Department will continue to make sure everyone knows how to work collaboratively and to report certain situations. Chairman DeWitt added that it is important to recognize that there is a situation.

On motion it was unanimously,

VOTED: To approve the Policy Against Discrimination, Sexual Harassment and Retaliations adopted by the Human Resources Board.

STILLMAN FARMS AGREEMENT

The Board considered the question of approving and executing an Agreement with Stillman’s Farm to use town-owned property (Health Department Parking Lot) as a pick up location for members of its Community Supported Agriculture (CSA) and Meat CSA business.

Director of Health and Human Services Alan Balsam stated that Stillman’s Farm has had a difficult time trying to identify a place to hold its distribution of goods to its local customers. Dr. Balsam is in support of this Community Supported Agriculture (CSA) and meat distribution. It not only promotes healthy eating, but supports local farming and locally grown food. Dr. Balsam has spoken with the abutting Korean Church and the fitness club, they both have no objections to the distribution which will be held on Sundays from January 16th through December 18th between 2 pm and 4 pm for meat pickup, and Sundays from June 12th through October 30th between 2pm and 4pm for produce pickup.

In Board of Selectmen January 11, 2011 Page 11 of 14

The Board was happy to hear that a location has been found for their distribution, and thanked Dr. Balsam for coming up with a solution.

Selectman Goldstein asked if there had been any feedback from the members on the new location. Commercial Areas Coordinator Marge Amster replied that a few members that could walk to the location in North Brookline were not as pleased as some, but, on the other hand members in the Brookline Village area are happy to have it in their neighborhood.

On motion it was unanimously,

VOTED: To approve and execute an Agreement with Stillman’s Farm to use town- owned property (Health Department Parking Lot) as a pick up location for members of its Community Supported Agriculture (CSA) and Meat CSA business.

On a side note, Ms. Amster was pleased to announce that many Brookline merchants made the Boston A-list, for best businesses in a variety of categories.

PARKING METER RATES

Public Hearing on potential parking meter rate increases.

Chair of the Transportation Board Michael Sandman began by stating that although this will generate revenue, its main purpose is to create a policy that encourages enough turn-over of parking spaces particularly in commercial areas. One cause of concern is the limited parking spaces available in the St. Mary’s Street area due to Red Sox event parking. Mr. Sandman would also like the Selectmen to authorize a ceiling pertaining to meter rates so they don’t have to come back to the Selectmen every time they propose a rate change.

Mr. Sandman and Transportation Administrator Todd Kirrane made the following presentation: Selectman Benka noted the Longwood Medical Area (LMA) is using Brookline streets for long term parking with no turn over. Mr. Kirrane replied that this area was studied and it was observed that the meters are turned around within the LMA employees. There seems to be a system within them to “hold” parking spaces for one another. The rate there will go to $1.00 an hour. Selectman Benka added there is no benefit to Brookline businesses in that area. The average meter would generate $13.00 a day. Selectman Benka suggested that this be looked at as a revenue generator.

Selectman Mermell added that the Parking Committee looked at this extensively, and surveyed the area. It is a complicated situation. One thought was to sell permits to a non-Brookline entity.

In Board of Selectmen January 11, 2011 Page 12 of 14

Selectman Daly asked about meters running until 10:00 p.m.; are there any other communities that do this? Mr. Kirrane replied Davis Square in Somerville does and Boston is looking at extending the meter hours. Selectmen Mermell added that many cities have adopted a similar model geared at special events, and meter rates are priced appropriately. Selectman Daly stated that she feels that this is a very confusing model for the consumer, especially ones that are trying to obey the rules and find that they have misjudged the directions. Mr. Sandman replied that is a concern and one of the elements that they looked at. Once the proper rates are established and proper signage available it should not be so confusing. As far as the multi-spaced meters, color coding will be used.

Selectman Goldstein asked about the criteria used to determine where to implement the higher metered rates along Beacon Street. Mr. Kirrane replied that they worked with the local merchants in the St. Mary’s Street area has surveyed their patrons buy asking them; how far up would you park to come to their establishment. The most common reply was Hawes Street. That is where they ended the higher rated meters.

Selectman Benka asked about Red Sox Sunday day games. Mr. Kirrane replied that Sundays would remain a no meter day.

Chairman DeWitt stated that in Europe they use different colored striping on the ground to indicate what kind of parking policy applies. She found it very easy to follow the policies. Mr. Kirrane replied that he will speak to the Commissioner about that, he does know that adding color to white paint has a cost to it.

Chairman DeWitt added that providing a hand card indicating the different parking regulations at the participating merchants may be helpful.

Chief O’Leary stated that they have taken a look at this, and the Department feels they can handle this with no additional staff. He can incorporate some of the part-time crossing guards. Red Sox parking would be handled differently. The Officers also patrol the neighborhoods to enforce the two-hour parking. After a couple of months he can take a look to see if additional shifts are needed to enforce this.

The Chair took public comments:

Caryn Mushlin, Fuller Street has an office at 1093 Beacon street stated that there are many business offices and medical offices in that area and she is dismayed by the proposed parking changes. She feels that her patients and co-workers already have a difficult parking situation in that area and this will bring on more hardship. Many clients have evening appointments, which can coincide with Red Sox games. She hopes that there will be some consideration of a permit program or something to avoid penalizing those who work and visit the medical buildings. Ms. Mushlin also noted that she as well as others in the medical building have not received any notice of the proposed changes. She feels that they are a forgotten group, although an important part of the community.

In Board of Selectmen January 11, 2011 Page 13 of 14

Brian Kane, Transportation Board member replied that the $20.00 rate will only apply to the median strip; curbside parking will remain at $1.00 per hour. The policy is designed to price the meters accurately.

Abram Chipman, Washington Street stated that innocent people will get stuck in the crossfire. There are shoppers and movie goers from 6-8 pm; would they have to pay $20.00? What would happen if you want to go to a friend’s house for dinner, how would you distinguish the Red Sox patrons from the others?

Mr. Sandman replied that only the median strip would be applicable. The Coolidge Corner area will not be affected. One can park for four hours beyond Powell Street.

Harvey Bravman, President of the Coolidge Corner Merchant’s Association and Brookline Chamber of Commerce submitted a statement from both organizations that they are in agreement to the meter rate increase to $1.00 up to 8 p.m., and the Red Sox meter increases.

Selectman Benka replied to Ms. Mushlin that the change in the meter rates may benefit her clients with evening appointments after 6 pm. It will provide more turn over.

Selectman Mermell added that there is no guarantee, but, the policy was not pulled out of thin air. It was studied at length. We can’t say how it will work right now.

Selectman Daly still finds the policy confusing and feels it should have more uniform to it, and some kind of rational that everyone can understand.

Chairman DeWitt stated that there are three votes required here. To increase the meters to $1.00, to authorize the $10.00 meter rate for the third and fourth hours during Red Sox Games on the median strip, and to place a ceiling amount to allow the Transportation Board to increase rates, without the Selectmen’s approval within that ceiling.

Selectman Goldstein stated that he does not support the ceiling. The coins add up to substantial revenue for the Town and the Selectmen would have to deal with budget impacts. He would like to see the financial breakdown of the revenue involved. Specifically how much revenue comes from Red Sox parking, how much from extended hours, and how much from increased hourly rates? He would also like to see a breakdown of costs such as new signage.

Selectman Mermell would like to see that the ceiling not be enacted without 2 public hearings, and if that could be in the language of the vote.

Selectman Benka added that perhaps there could be some further consideration to easier availability of residential street permits for merchants and employees.

There was no vote on this agenda item.

In Board of Selectmen January 11, 2011 Page 14 of 14

BOARDS AND COMMISSIONS

The Board considered the question of making appointments to the following Boards and Commissions:

Human Relations/Youth Resources

On motion it was unanimously,

VOTED: To re-appoint Rita McNally to the Human Relations/Youth Resources Commission for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To re-appoint Kay O’Halloran to the Human Relations/Youth Resources Commission for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To re-appoint Ed Wang to the Human Relations/Youth Resources Commission for a term ending August 31, 2013, or until a successor can be appointed.

VOTED: To appoint Jonathan Lewis to the Human Relations/Youth Resources Commission for a term ending August 31, 2013, or until a successor can be appointed.

There being no further business, the Chair adjourned the meeting at 9:45 p.m.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date.

5. flyer for have a Heart Chocolate Extravaganza 5A. Letter from DPW Commissioner to BOS 6. Letter from DPW Commissioner to BOS 7. Letter to TA from Chief O’Leary 8. memo from CIO Kevin Stokes to BOS/Auth to hire form 9. policy against discrimination, sexual harassment and retaliation 10. memo from DTA S. Cronin to BOS/powerpoint presentation/email from H Bravman 11. Stillman’s Farm temporary License Agreement 12. applications/resumes/minute copies 13. copy of January 4, 2011 minutes 14. memo from Preservation Commission to TA/email to TA from T Elwertowski 15. email for T. Guigli to S.Cronin/P.O. change form/letter from Design partnership to T. Guigli 16. letter to TA from B. Cloonan BHA/cert of consolidated plan 17. letter from R. Ward BCF to BOS 18. letter for P.Ditto to BOS/copy of contract PW/11-13 19. letter from E.Gallentine to BOS/copy of check/copy of letter to P. Selkoe from M. Harrington Healthworks/ZBA conditions 20. application/cert liability insurance/memo to TA from Chief O’Leary/memo form Lt. McCarthy to TA 21. application/app for school building use/ memo form Lt. McCarthy to TA

In Board of Selectmen January 18, 2010 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka, and Kenneth Goldstein

In Board of Selectmen January 18, 2010 Page 2 of 13

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

The Board thanked the DPW employees for their response to the recent snow events. The Tree Warden is working on branch clean up; it is a slow process to survey every street.

SELECTMEN UPDATES

Reports by individual Selectmen on activities related to carrying out the responsibilities of the Board.

The Health Department will be holding an emergency preparedness class for caretakers of disabled citizens up to age 22, on Thursday January 20th at 6:30.

Climate Action Week will hold an event at the Lincoln School on January 23rd.

The MBTA will hold a meeting on January 26, to evaluate the 66 bus route at Town Hall, 6:30 pm.

Our Senior Representatives sent letters in support of the historic street signs.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

CONTRACT AMENDMENT

The Board considered the question of approving Contract Amendment 7 in the amount of $15,000 for work to be completed by Design Partnership of Cambridge in connection with the John D. Runkle School Project. Said amendment to be funded from accounted 2594C165 524003.

Program Administrator Tony Guigli stated that this is a separate contract and the Town is the recipient of the test results. It is for the testing of PCB-containing material.

Selectman Benka stated that this amount is for the design work. He understood that the remediation is the contractor’s responsibility. Mr. Guigli verified that he does not In Board of Selectmen January 18, 2010 Page 3 of 13 expect additional change orders from this; the remediation plan has been reviewed by the contractor and is the contractor’s responsibility under the contract.

On motion it was unanimously,

VOTED: To approve Contract Amendment 7 in the amount of $15,000 for work to be completed by Design Partnership of Cambridge in connection with the John D. Runkle School Project. Said amendment to be funded from accounted 2594C165 524003.

DEVOTION SCHOOL CONCEPT COMMITTEE

The Board considered the question of appointing a Devotion School Concept Committee.

Peter Rowe, Deputy Superintendent for Administration and Finance stated that this is to appoint a Selectman to Chair a Committee of Seven for a concept study for the Devotion School. They will explore ways to evaluate upgrades and the possibility of additional space at Devotion School.

On motion it was unanimously,

VOTED: To appoint the following to the Devotion School Concept Committee:

Selectman Betsy DeWitt as Chair, Building Commission members, George Cha, Ken Kaplan, and George Cole, School Committee members Helen Charlupski, Barbara Scotto, and Rebecca Stone. a. The Board considered the question of approving the Statement of Interest to the Massachusetts School Building Authority for the Edward Devotion School.

Peter Rowe, Deputy Superintendent for Administration and Finance stated that annually the MSBA requires a statement of proposed future projects, and to prioritize the number one project. It is required to be submitted with a vote by the communities governing body and their School Committee.

On motion it was unanimously,

VOTED:

Resolved: Having convened in an open meeting on Tuesday, January 18th, 2011, the Board of Selectmen of the Town of Brookline, in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest dated Friday, January 14th, 2011 for the Edward Devotion School located at 345 Harvard Street Brookline, Massachusetts 02446 In Board of Selectmen January 18, 2010 Page 4 of 13

which describes and explains the following deficiencies and the priority category(s) for which the Town of Brookline may be invited to apply to the Massachusetts School Building Authority in the future

• Prevention of severe overcrowding expected to result from increased enrollments; • Replacement, renovation or modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility; • Replacement of or addition to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements;

and hereby further specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits The Public Schools of Brookline to filing an application for funding with the Massachusetts School Building Authority.

Duly recorded and dated:

FISCAL POLICY REVIEW COMMITTEE

The Board considered the question of appointing a Fiscal Policy Review Committee.

Town Administrator Melvin Kleckner reviewed the following memo:

As I referenced in my November 9, 2010 memo regarding FY12 Budget Planning, I intend to reconvene the Fiscal Policy Review Committee (FPRC). In that memo, I specifically mentioned the Free Cash/Unreserved Fund Balance issue as the impetus behind reconvening the Committee. In addition, the 2004 report of the FPRC recommended that the Selectmen reconvene the Committee in three to five years to revisit the policies so that they maintain their viability over the long-term.

On motion it was unanimously,

VOTED: To appoint the following to the Fiscal Policy Review Committee, with the following charge:

“To review, affirm and revise as necessary the existing financial policies of the Town. The Committee shall also review the need for a new policy regarding Unreserved Fund Balance in order to preserve the Town's Aaa Bond rating.” In Board of Selectmen January 18, 2010 Page 5 of 13

• Eric Buehrens, Executive Vice President & COO, Beth Israel Deaconess Medical Center • Harry Bohrs, Advisory Committee Chair • Linda Carlisle, Principal at the Carlisle Group • Josette Goldish, Finance/Banking Professional • Gregory Grobstein, Partner, PricewaterhouseCoopers • Donna Kalikow, Executive Director, Center for Public Leadership, Kennedy School • Jeffery Wulfson, Associate Commissioner, Department of Elem. and Secondary Ed

CONTRACT

The Board considered the question of awarding the Contract for Professional Auditing Services for FY 2011 with option years for 2012 through 2015 to Powers and Sullivan of Wakefield, MA and executing the Engagement Letter for said contract.

Selectman Daly stated that the Audit Committee has been happy with the services provided by Powers and Sullivan, but, with their contract up, they took the opportunity to thoroughly explore if the Town is getting the best price and services available.

Town Comptroller Judy Haupin stated that there were four responses to the RFP. Of the four, three met the mandatory criteria. The selection Committee unanimously chose Powers & Sullivan, which met all the criteria and had the lowest bid. The Audit Committee established a policy that should the same audit firm be retained for more than 5 years, the Audit Partner for the engagement must change every 5 years.

On motion it was unanimously,

VOTED: To award the Contract for Professional Auditing Services for FY 2011 with option years for 2012 through 2015 to Powers and Sullivan of Wakefield, MA and executing the Engagement Letter for said contract.

DONATION

The Board considered the question of accepting a donation in the amount of $400 from the Korean Church of Boston to be used by the Fire Department.

Chief Skerry stated that the Korean Church has generously made a donation to the Brookline Fire Department annually. The Fire Department appreciates this donation and puts it to good use.

On motion it was unanimously, In Board of Selectmen January 18, 2010 Page 6 of 13

VOTED: To accept a donation in the amount of $400 from the Korean Church of Boston to be used by the Fire Department.

The Board took the opportunity to thank the Chief and the Fire Department for their response to a Griggs Road fire. The fire had the potential to spread if not attended to in a quick and professional manner. The Chief appreciated the comment and noted that this time of year it is important to supervise space heaters, candles, and smoking materials.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to Larz Anderson Auto Museum in connection with a Fundraiser to be held on January 23, 2011 from 4pm - 9pm at 15 Newton Street.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to Larz Anderson Auto Museum in connection with a Fundraiser to be held on January 23, 2011 from 4pm - 9pm at 15 Newton Street.

BROOKLINE HUB YOUTH AWARDS-FUNDRAISER

Harvey Bravman, publisher of BrooklineHub.com will appear to update the Board on the 1st Annual Brookline Hub Youth Awards ceremony scheduled for February 28, 2010 at the Coolidge Corner Theatre. All proceeds from the event to benefit the Brookline Teen Center.

Mr. Bravman outlined the Brookline Hub Youth Awards: The quest to recognize and celebrate the contributions of Brookline's teens to the community is officially underway. The 1st Annual Brookline Hub Youth Awards ceremony is scheduled for Monday, February 28 at 7:00 pm. It will take place in the main theater of the Coolidge with all proceeds going to the Brookline Teen Center. Nominations are currently being accepted online at BrooklineHub.com and the Brookline Teen Center's website for twelve awards. To qualify, nominees must live or attend school in Brookline and be students in grades 7 through 12. Nominations must be received no later than February 10, 2011. Whether they are outgoing or reserved, athletic, academic, creative or some combination of all, the Brookline Hub Youth Awards program is looking for teens who go above and beyond to contribute to the greater good of the community, their family or peers. The mission of the Youth Awards is to formally recognize teens who make a difference through acts of service, leadership, personal sacrifice and social justice. In Board of Selectmen January 18, 2010 Page 7 of 13

Many local organizations and businesses have come forward to sponsor the Awards and help support the Teen Center.

The Board looks forward to this special event and anticipates it will be a great success.

PARKING METER RATES

The Board considered the question of voting on the parking meter rate increases as recommended by the Transportation Board.

Chairman DeWitt stated that a breakdown of the revenue was previously requested. The bulk of the revenue would come from the increased hourly rates. Town Administrator Melvin Kleckner added that most of the revenue is expected from the increase of hourly rates, followed by the expanded hours, and lastly the Red Sox event increased rate which was calculated to be about 4% of the revenue.

Selectman Benka wondered if there was any real deterrent that would encourage compliance with the $22.00 meter rate for the Red Sox parking when a parking ticket in the area is only $25.00. Transportation Board Chair Mike Sandman replied that the goal is to free up spaces in the area to provide parking for patrons of local merchants. He will speak to the Police Department about the ticket amounts, he is not sure if they can charge a higher fee on Red Sox game days. Mr. Sandman added that the City of Newton increases their fines on B.C. game days.

Selectman Goldstein asked about the expense of this program. Town Administrator Mel Kleckner replied that this should not be a new cost, the Brookline Police Department feels they could absorb the cost through redirecting of personnel. The noted $15,000.00 fairly represents any additional costs.

Selectman Daly stated that she appreciates the hard work put into this, and supports the increased rates; however, she does not support the authority to put a ceiling in place. She added that raising rates is a big deal with an implication to many residents, and something that the Selectmen need to pay attention to.

Chairman DeWitt asked Mr. Sandman to briefly explain the goal of these rate changes. Mr. Sandman replied that they are trying to work on a situation where there is a limited amount of parking, with no possibility to add additional parking, and to balance out the need for it. They have tried to figure out the best way to price the rates at a level where people are encouraged not to stay in a space so long that no one else can park there. The goal is to encourage more turnovers of parking spaces and discourage all-day parking. The extended hours are to prevent those who park there at 4:00p.m., and basically have the spot all night. On Red Sox game night, Beacon Street and the surrounding streets are In Board of Selectmen January 18, 2010 Page 8 of 13

completely full; it becomes impossible to find a place to park to visit a merchant. We are trying to manage what we have effectively.

Selectman Benka suggested the following for the Board to consider:

1. Have a ceiling of $1.25 or $1.50 per hour for the Transportation Board, 2. Give the Transportation Board authority to go higher than the $10.00 hour on Red Sox games. 3. Go up to $2.00 an hour in the Longwood Medical Area (LMA), Brookline Ave. at Pearl Street to Aspinwall, and the River Road to the Boston line, and possibly on Chapel Street.

Selectman Benka stated that Brookline Streets are being used not to serve Brookline residents or merchants, but to provide parking to the LMA workers. There should be additional discretion given for that area.

Selectman Mermell agreed that is a good direction to go in; looking at that area as a whole shows that Brookline’s residential streets are being used for LMA parking.

Selectman Goldstein added that the Chapel Street area is also used as a commuter destination. Commuters park and take the “T” from there. Mr. Sandman replied that he would rather be able to use discretion in the commercial areas to make it easier to shop there. The demand will tell us what the right rate is. He added that limited discretion could be used for the LMA and Chapel Street areas; nothing would be done for at least four months.

Selectman Benka asked if the Transportation Board could look into the street parking permits for merchants and if they could be more affordable as well as offered at other districts in town.

On motion it was unanimously,

VOTED: To accept the altering of Article V Section 12(d) of the Traffic Rules & Regulations for the Town of Brookline, as approved by the Transportation Board on October 21, 2010, by replacing the existing portions of the related Meter rate to be

Time Limit Zone Meter Rate Two (2) Hour Limit $.05 per 3 minutes or a portion thereof $.10 per 6 minutes or a portion thereof $.25 per 15 minutes or a portion thereof $1.00 per 60 minutes or a portion thereof Three (3) Hour Limit $.05 per 3 minutes or a portion thereof $.10 per 6 minutes or a portion thereof $.25 per 15 minutes or a portion thereof $1.00 per 60 minutes or a portion thereof In Board of Selectmen January 18, 2010 Page 9 of 13

Four (4) Hour Limit $1.00 per 60 minutes or a portion thereof $2.00 per 120 minutes or a portion thereof $12.00 per 180 minutes or a portion thereof $22.00 per 240 minutes or a portion thereof Five (5) Hour Limit $.05 per 3 minutes or a portion thereof $.10 per 6 minutes or a portion thereof $.25 per 15 minutes or a portion thereof $1.00 per 60 minutes or a portion thereof Eleven (11) Hour Limit A $.05 per 3 minutes or a portion thereof $.10 per 6 minutes or a portion thereof $.25 per 15 minutes or a portion thereof $1.00 per 60 minutes or a portion thereof Eleven (11) Hour Limit B $.05 per 6 minutes or a portion thereof $.10 per 12 minutes or a portion thereof $.25 per 30 minutes or a portion thereof $.50 per 60 minutes or a portion thereof Thirteen (13) Hour Limit $.05 per 3 minutes or a portion thereof $.10 per 6 minutes or a portion thereof $.25 per 15 minutes or a portion thereof $1.00 per 60 minutes or a portion thereof Effective April 1, 2011

SECONDHAND MOTOR VEHICLES LICENSE

The Board considered the question of approving the application of Brookline Village Auto Service, Inc., Nabil G. El Khoury, President, for a license to Buy, Sell, Exchange or Assemble Secondhand Motor Vehicles or Parts Thereof at 25 Washington Street.

Chairman DeWitt asked Mr. Khoury how many vehicles he wants to have on the premises. Mr. Khouiry replied 5. Chairman DeWitt asked if 5 vehicles could be adequately housed within an enclosed structure. Mr. Khoury replied no, he has room for 3 vehicles inside.

Chairman Dewitt recommended that he speak with both the Planning and the Building Departments to make sure that what he intends to do is in compliance with Brookline’s Zoning Bylaws. The Bylaw requires that the vehicles are stored entirely within an enclosed structure.

Chairman DeWitt proposed this agenda item remain open until next week’s Selectmen meeting.

On motion it was unanimously, In Board of Selectmen January 18, 2010 Page 10 of 13

VOTED: to continue this license until next week’s meeting.

COMMON VICTUALLER LICENSE

The Board considered the question of approving the application of Joseph A. Rastellini and Carmela Rastellini, d/b/a T. Anthony Restaurant for a Common Victualler license at 1016 Commonwealth Avenue.

Applicant Joseph A. Rastellini was present. He stated that this is for a change in ownership. The operations will remain the same. Selectman Daly noted that neighbors have complained about noise in that area. Mr. Rastellini replied that it is a busy street and students are out and about at all hours. He did add that he has not encountered any major problems with them.

On motion it was unanimously,

VOTED: To approve the application of Joseph A. Rastellini and Carmela Rastellini, d/b/a T. Anthony Restaurant for a Common Victualler license at 1016 Commonwealth Avenue.

ENTERTAINMENT LICENSE – INCREASE

The Board considered the question of approving the application of Temptations Café, Inc. d/b/a Temptations Café, Melhem Lutfi, Owner holder of a Common Victualler and Entertainment License at 1350 Beacon Street for an increase in Entertainment to include TV and instrumental (violin) music.

Nassib Lutfi was present. His father Melhem Lutfi filled out the application for TV and instrumental (violin) music. He would like to have other instrumentals for entertainment besides the violin. Since the application and the notice were posted for violin, he will keep that license and have the option to apply for additional entertainment in the future.

On motion it was unanimously,

VOTED: To approve the application of Temptations Café, Inc. d/b/a Temptations Café, Melhem Lutfi, Owner holder of a Common Victualler and Entertainment License at 1350 Beacon Street for an increase in Entertainment to include TV and instrumental (violin) music.

In Board of Selectmen January 18, 2010 Page 11 of 13

COMMON VICTUALLER – INCREASE IN HOURS

The Board considered the question of approving the application of Café Fixe, Inc., d/b/a Café Fixe, Maksim Milstein, Owner, holder of a Common Victualler and Entertainment license for an increase in hours as follows:

From: Mon-Sat 6:30am - 9:30pm Sun 8:00am - 6:00pm

To: Sun-Sat 6:30am - 9:30pm

Applicant Maksim Milstein stated that he would like to keep his hours the same all week.

On motion it was unanimously,

VOTED: To approve the application of Café Fixe, Inc., d/b/a Café Fixe, Maksim Milstein, Owner, holder of a Common Victualler and Entertainment license for an increase in hours as follows:

From: Mon-Sat 6:30am - 9:30pm Sun 8:00am - 6:00pm

To: Sun-Sat 6:30am - 9:30pm

FOOD VENDOR LICENSE

The Board considered the question of approving the application of Third Slice Brookline, LLC d/b/a Naked Pizza, Jeff Charloff, Partner for a Food Vendor License at 1331 Beacon Street.

Applicant Jeff Charloff stated that this will be a takeout and delivery business only. He is in the process of securing parking in the area for the delivery vehicle. All papers are in order.

On motion it was unanimously,

VOTED: To approve the application of Third Slice Brookline, LLC d/b/a Naked Pizza, Jeff Charloff, Partner for a Food Vendor License at 1331 Beacon Street.

In Board of Selectmen January 18, 2010 Page 12 of 13

COMMON VICTUALLER LICENSE

The Board considered the question of approving the application from Choke Dee Corp., d/b/a Nud Pob Restaurant, Eddie Chen, President for a Common Victualler License at 738 Commonwealth Avenue.

Attorney, Ka-Yung Wong for the applicant stated that his client has been in the restaurant business for many years. All papers are in order.

On motion it was unanimously,

VOTED: To approve the application from Choke Dee Corp., d/b/a Nud Pob Restaurant, Eddie Chen, President for a Common Victualler License at 738 Commonwealth Avenue.

The Board considered the question of approving the application of Choke Dee Corp. d/b/a Nud Pob Restaurant, holder of a Common Victualler License at 738 Commonwealth Avenue for an Entertainment License to include radio and taped music.

VOTED: To approve the application of Choke Dee Corp. d/b/a Nud Pob Restaurant, holder of a Common Victualler License at 738 Commonwealth Avenue for an Entertainment License to include radio and taped music.

FY12 BUDGET OBJECTIVES

Review of the Selectmen’s FY12 Budget Objectives.

Assistant Town Administrator Melissa Goff presented a draft copy of the Board of Selectmen’s objectives for FY12 for review. Chairman DeWitt offered an additional draft copy. The Board will review and prepare comments and/or additions.

There being no further business, the Chair adjourned the meeting at 8:45 p.m.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date. 5. flyer for the Brookline Hub Youth Awards 6. letter from T. Kirrane to BOS/proposed vote language/email from L. Pehlke to TA/memo to BOS from TA 7. application documents 8. application documents 9. application documents 10. application documents In Board of Selectmen January 18, 2010 Page 13 of 13

11. application documents 12. application documents 13. draft objectives/Chairs draft 15. email to S. Cronin from T.Guigli/contract amendment copy/P.O. change form 16.draft needs assessment/copy required vote 17.memo for TA to BOS 18. memo from j haupin to BOs/contract copy 19. email to TA from Chief Skerry 20. application documents

In Board of Selectmen January 25, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein.

The Minutes of January 11th and 18th were approved as amended

In Board of Selectmen January 25, 2011 Page 2 of 13

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

___(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

___ (2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ ___(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

In Board of Selectmen January 25, 2011 Page 3 of 13

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative: DeWitt Mermell Benka Goldstein

Voting in the Negative:

In Board of Selectmen January 25, 2011 Page 4 of 13

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

Snow emergencies will be programmed through the Citywatch phone notification system, posted on the Town’s website, and announced on local media outlets.

The Women’s Commission is holding “Room to Grow” children’s clothing drive on January 28th and 29th at the Public Safety Building.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

MWRA PAYMENT

The Board considered the question of accepting $509,666.26 from the MWRA to be used in the design and construction of the sewer separation project in the lower Beacon Street area (Phase 2).

Director of Engineering Peter Ditto stated that these funds will be used for the sewer separation project. The MWRA reimburses the Town every six months, and each reimbursement results in an amendment to the design contract. In this case the, $172,643.00 will be used to fund the design contract.

On motion it was unanimously,

VOTED: To accept $509,666.26 from the MWRA to be used in the design and construction of the sewer separation project in the lower Beacon Street area (Phase 2).

EXTRA WORK ORDER

The Board considered the question of approving Extra Work Order #1 in the amount of $277,000.00 for work to be completed by D’Allessandro Corporation in connection with Contract No. PW/10-10 “Rental Rates for Snow Plowing and Ice Control”. Said work order to be funded from account 42004230 523070 (Snow/Ice Control - Motor Vehicle Rental). In Board of Selectmen January 25, 2011 Page 5 of 13

Department of Public Works Commissioner Andy Pappastergion stated that due to the extensive snow fall this season additional funds are needed to provide snow removal equipment. There has been almost 50 inches of snow so far this season compared to the average of 20 inches. The Department of Public Works has spent $128,000 on regular snow removal compensation, and $214,000 on overtime expenses. It has been an expensive winter so far this year.

On motion it was unanimously,

VOTED: To approve Extra Work Order #1 in the amount of $277,000.00 for work to be completed by D’Allessandro Corporation in connection with Contract No. PW/10-10 “Rental Rates for Snow Plowing and Ice Control”. Said work order to be funded from account 42004230 523070 (Snow/Ice Control - Motor Vehicle Rental).

EXTRA WORK ORDER

The Board considered the question of approving Extra Work Order #2 in the amount of $27,000.00 for work to be completed by Lorusso Corp. in connection with Contract No. PW/09-25 “Disposing of Leaves and Related Work”. Said work order to be funded from account 42004230 523070 (Snow/Ice Control - Motor Vehicle Rental).

Department of Public Works Commissioner Andy Pappastergion stated that they are running out of room at the transfer station to hold the snow removal. This contractor will free up space there for snow storage.

On motion it was unanimously,

VOTED: To approve Extra Work Order #2 in the amount of $27,000.00 for work to be completed by Lorusso Corp. in connection with Contract No. PW/09-25 “Disposing of Leaves and Related Work”. Said work order to be funded from account 42004230 523070 (Snow/Ice Control - Motor Vehicle Rental).

EXTRA WORK ORDER

The Board considered the question of approving Extra Work Order Number 1 in the amount of $25,000.00 for work to be completed by D. Muzzioli Associates, Inc. in connection with Contract No. PW/11-02 “School Grounds Maintenance”. Said work order to be funded from account 42004230 523070 (Snow/Ice Control -Motor Vehicle Rental).

Department of Public Works Commissioner Andy Pappastergion stated when there is excess of 8-10 inches of snow they usually bring in extra help to clear out walkways around the schools. It has been necessary this year.

In Board of Selectmen January 25, 2011 Page 6 of 13

On motion it was unanimously,

VOTED: To approve Extra Work Order Number 1 in the amount of $25,000.00 for work to be completed by D. Muzzioli Associates, Inc. in connection with Contract No. PW/11-02 “School Grounds Maintenance”. Said work order to be funded from account 42004230 523070 (Snow/Ice Control -Motor Vehicle Rental).

Highway Director Kevin Johnson added that the Highway Department prioritizes the schools and the business areas in its snow removal process.

Selectman Benka asked about handicapped spaces, he has noticed that some have not been cleared. Mr. Johnson replied that they are working on them now. They try to clear the handicapped spaces in the municipal lots first and work their way to the others.

Selectman Benka asked about the use of brine and going towards a pay per inch snow removal contracts like the City of Quincy has implemented. Mr. Johnson replied that the use of brine, a combination of salt and water, is common now. The roadways can be pretreated and last longer than just salt. Space is needed to store the brine which the Department does not have right now. It is something they are looking into. Commissioner Pappastergion stated that the industry is looking at the City of Quincy’s experiment; it has not been determined successful right now. It may be something to explore in the future.

EXTRA WORK ORDER

The Board considered the question of approving Extra Work Order #1 in the amount of $267,000.00 for work to be complete by Lewis Tree Service, Inc. in connection with Contract No. PW/11-03 “Upkeep of Trees and Related Work. Said work order to be funded from account 42004230 523070 (Snow/Ice Control -Motor Vehicle Rental).

Department of Public Works Commissioner Andy Pappastergion stated that the last snow storm consisted of heavy wet snow which caused severe damage to trees.

Tree Warden Tom Brady stated that NStar had some power outages and had to clear out some of the downed tree limbs, which helped the DPW. The Department of Public Works worked a continuous 36 hour stretch to clear tree limbs from public ways, wires, and dangerous locations. The Town’s tree service contractor was called in for the emergency services. Mr. Brady added that this was the most severe tree damage he has seen in quite some time. They are continuing to clear out playgrounds and public pathways.

The Board acknowledged the damages and thanked the Department of Public Works for their around the clock efforts.

On motion it was unanimously, In Board of Selectmen January 25, 2011 Page 7 of 13

VOTED: To approve Extra Work Order #1 in the amount of $267,000.00 for work to be complete by Lewis Tree Service, Inc. in connection with Contract No. PW/11-03 “Upkeep of Trees and Related Work. Said work order to be funded from account 42004230 523070 (Snow/Ice Control -Motor Vehicle Rental).

CHANGE ORDER

The Board considered the question of approving Change Order #1 for a reduction in the amount of $34,210.00 due to a change in electric service backcharge to be performed by G&R Construction, Inc., in connection with the John D. Runkle School.

Program Administrator Tony Guigli stated that the amount published in the bid documents were reduced by NStar based on discussions with the Town’s electrical inspector.

On motion it was unanimously,

VOTED: To approve Change Order #1 for a reduction in the amount of $34,210.00 due to a change in electric service backcharge to be performed by G&R Construction, Inc., in connection with the John D. Runkle School.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to the B.U. School of Visual Arts in connection with a Reception to be held on February 9, 2011 from 6pm-8pm at 808 Commonwealth Avenue.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to the B.U. School of Visual Arts in connection with a Reception to be held on February 9, 2011 from 6pm- 8pm at 808 Commonwealth Avenue.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license (no sale) to Larz Anderson Auto Museum in connection with a Lecture to be held on January 27th from 6pm-10pm at 15 Newton Street.

On motion it was unanimously, In Board of Selectmen January 25, 2011 Page 8 of 13

VOTED: To grant a temporary Wine and Malt beverages license (no sale) to Larz Anderson Auto Museum in connection with a Lecture to be held on January 27th from 6pm-10pm at 15 Newton Street.

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting a temporary All Kinds of Alcoholic Beverages license to the Brookline Library Foundation in connection with a Fundraiser to be held on February 13th from 7pm-10pm at the Main Library, 361 Washington Street.

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic Beverages license to the Brookline Library Foundation in connection with a Fundraiser to be held on February 13th from 7pm-10pm at the Main Library, 361 Washington Street.

SECONDHAND MOTOR VEHICLES LICENSE

Continued hearing on the question of approving the application of Brookline Village Auto Service, Inc., Nabil G. El Khoury, President, for a license to Buy, Sell, Exchange or Assemble Secondhand Motor Vehicles or Parts Thereof at 25 Washington Street.

Applicant Nabil Khoury stated that he has meet with the Building Commissioner on the amount of cars permitted. The premises can fit seven vehicles, but they both agreed to allow three. Mr. Khoury’s rent has gone up significantly resulting in his interest to utilize the space. All papers are in order.

On motion it was unanimously,

VOTED: To approve the application of Brookline Village Auto Service, Inc., Nabil G. El Khoury, President, for a license to Buy, Sell, Exchange or Assemble Secondhand Motor Vehicles or Parts Thereof at 25 Washington Street, for no more than three vehicles. Hearing closed.

BICYCLE GRANT

The Board considered the question of authorizing submittal of a grant application to the Boston Region Metropolitan Planning Organization’s Clean Air and Mobility Program to fund the possible participation of the Town in the regional bicycle sharing system. In Board of Selectmen January 25, 2011 Page 9 of 13

Selectman Mermell stated that Boston’s process for the Bike Sharing Program has stalled due to issues with their selected vendor. This has resulted in the Bicycle Sharing Committee to be delayed in their research. The Committee is now up and ready to go.

Director of Planning and Community Development Jeff Levine stated that Boston has started the process again and has a slightly different business model. The Boston Region Metropolitan Planning Organization has a program called the “Clean Air and Mobility Program” (CLAMP) that funds grants for transportation programs like bicycle sharing. Brookline has been encouraged to apply. The grant will help fund two bicycle sharing stations. The deadline for the grant application is February 1st. Should the Bicycle Sharing Committee or the Board of Selectmen decide against participating with the regional bicycle sharing program, the grant could be declined at any time.

Selectman Goldstein expressed concerns about the model in which the Town owns the bicycles. For example he wonders what the Town would do with the used equipment at the end of the program or the end of its useful life span. He wondered if this is something the Town would want to get involved with. Mr. Levine replied that Boston has opted for aluminum instead of cash value for the possibility of scrap value.

On motion it was unanimously,

VOTED: To authorize submittal of a grant application to the Boston Region Metropolitan Planning Organization’s Clean Air and Mobility Program to fund the possible participation of the Town in the regional bicycle sharing system.

FY12 BUDGET OBJECTIVES

Further review and vote on the Selectmen’s FY12 Budget Objectives.

Selectman Benka would like to add an objective that addresses the Americans with Disabilities Act.

On motion it was unanimously,

VOTED: to approve the following FY12 Board of Selectmen Objectives:

1. To continue to observe policies and practices to ensure long-term financial sustainability, including: • the recommendations of the Override Study Committee relative to, as adopted by Resolution in March, 2008.

In Board of Selectmen January 25, 2011 Page 10 of 13

• implementation of recommendations of the Efficiency Initiative Committee and OPEB Task Force, where feasible, and to explore new opportunities for improving productivity and eliminating unnecessary costs.

• Fiscal Policies relative to reserves and capital financing as part of the ongoing effort to observe sound financial practices and retain the Aaa credit rating.

• To continue to seek PILOT Agreements with institutional non-profits along with an equitable approach for community-based organizations.

• To continue to support the business community and vibrant commercial districts.

2. To carry out the CIP and the completion of major projects in progress including Muddy River Restoration, Fisher Hill Reservoir Re-Use, Village Square, Town Hall/Main Library/Pierce School garages, and the Runkle and Heath Schools in cooperation with the School Building Authority.

3. To continue to work with the School Committee on the development of a comprehensive plan to address the space needs issue in the schools.

4. To continue the Town/School Partnership as the means of budgetary planning for financial issues that span municipal and school interests.

5. To conduct labor contract negotiations for equitable settlements in conjunction within the Town’s ability to pay as shaped by the objectives noted above. a. To begin to work with the PEC on a successor agreement for Group Health that would preserve the savings achieved by joining the Group Insurance Commission

6. To provide leadership for the Town's efforts to reduce energy use and its impact on the environment a. To more fully integrate environmental concerns into Town governance through consideration of the recommendations of the Climate Action Committee and the Moderator’s Committee on Waste Disposal. b. To continue to work towards meeting the criteria to become a "Green Community" when appropriate in order to utilize all the tools and grants available though DOER for cities and towns to reduce fossil fuel emissions in a sustainable manner, reduce total energy use and improve energy efficiency in public buildings c. To continue to investigate ways to reduce our municipal solid waste including programs such as “pay as you throw”.

In Board of Selectmen January 25, 2011 Page 11 of 13

7. To broaden the Town’s commitment to promoting racial/religious diversity and inclusion through efforts such as participation in the Commonwealth Compact.

8. To expand technology utilization through promotion of the Brookline MA.gov website and supporting departmental applications such as

a. Better utilizing technology in an effort to improve the transparency and documentation around all Town committee meetings and agendas b. c. Implementation of the new permitting and inspection systems and the Cartegraph work order system. d. Continuing to expand the number of payments options available to residents, including the acceptance of credit cards in town offices. e. To ensure the Police Department utilizes the latest advances in technology to provide public safety services to Town residents in the most efficient and effective manner f. To assist the Fire Department in the utilization of technology to improve firefighter safety, to re-engineer business processes, and improve intra- departmental communication.

9. To work with the Town Clerk to develop a Town policy for records storage; to gather historic and archival Town records, documents and materials; to organize and catalog them; and to establish a suitable storage space in an accessible location.

10. To provide leadership and coordinate planning efforts to minimize negative impacts of development on neighborhoods a. To monitor and comment on development projects in adjacent communities. b. To work with the Hancock Village Planning Committee to protect the Town's interests with respect to proposed development at Hancock Village. c. To ensure that Village Square/Gateway East improvements proceed through engineering design and construction phases. d. To continue to work towards completion of the Fisher Hill mixed income housing development in conformance with the Land Disposition Agreement, e. To seek opportunities to increase the Town's affordable housing stock.

11. To seek out opportunities to improve the streetscape with programs such as multi-space parking meters, LED street lights, alternative displays for newspaper boxes, and enforcement of the Sign By-Law

In Board of Selectmen January 25, 2011 Page 12 of 13

12. To ensure that historical plaques, street signs and symbols are maintained throughout the town and that deteriorating memorials are reviewed for possible preservation and restoration or replacement.

13. To implement recommendations of the Bicycle Sharing Committee regarding a regional bicycle sharing agreement.

14. To review special permit provisions of the Zoning By-Law in order to determine whether this form of land use regulation can more directly control for adverse impacts on Town resources resulting from development.

15. To explore possibilities to strengthen code enforcement for incidents of over- occupancy through possible changes in inspection practices, fine structure, and the processing of case information.

16. To support the implementation of an optimally designed taxi medallion program that will maximize revenues while improving service and reducing carbon emissions.

17. To review recommendations of the Small Commercial Property Tax Exemption Committee and consider possible legislative changes to the existing statute to establish criteria that could be applied in a more fair and equitable manner.

18. To provide guidance to the Police Department as they pursue Accreditation status to ensure an appropriate balance between public safety needs and the rights of individuals and to continue to monitor policy considerations such as Citizen Complaints and the Video Camera Monitoring system.

19. To implement the changes in policies and procedures for the issuance of alcohol licenses as recommended by the Licensing Committee.

20. To continue to monitor service quality performance of both Comcast and RCN.

21. To ensure compliance with the provisions of the Americans with Disabilities Act.

22. To strengthen relationships with Boards and Commissions.

There being no further business, the Chair adjourned the meeting at 8:40 p.m.

ATTEST

In Board of Selectmen January 25, 2011 Page 13 of 13

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date.

1A. memo from T.C. to BOS 6. application 7. email for JLevine to BOS/Q&A/MAPC overview doc 9 memo from MGoff to BOS with list 10.minutes of January 11,and 18 11. letter from PDitto to BOS/amendment agreement/Contract amendment 12. letter from DPW Commissioner to BOS/EWO/Contract amendment approval form 13. letter from DPW Commissioner to BOS/EWO/Contract amendment approval form 14. letter from DPW Commissioner to BOS/EWO/Contract amendment approval form 15. letter from DPW Commissioner to BOS/EWO/Contract amendment approval form/pics of fallen trees 16. email from TGuigli to BOS/PO change form/CONo 001/change request to Vinny Pelleriti G&RConstruction/NStar summary 17. application 18. application 19. application

In Board of Selectmen

February 8, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka, and Kenneth Goldstein.

The Minutes of January 25, 2011 were approved as amended

In Board of Selectmen February 8, 2011 Page 2 of 13

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

In Board of Selectmen February 8, 2011 Page 3 of 13

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen February 8, 2011 Page 4 of 13

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

Selectman Goldstein stepped out 7:25

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

Chairman DeWitt will be absent next week; Selectman Daly will be Acting Chair. There will be no meeting February 22nd. The Library will hold its Annual Gala on February 13th. The Teen Center is starting its fundraising campaign. The Rotary Club’s Chocolate Extravaganza was a success. They rose over $20k for the Brookline Food Pantry.

SECOND AMENDMENT TO THE LAND DISPOSITION AGREEMENT

The Board considered the question of approving and executing a Second Amendment to the Land Disposition Agreement (LDA) between the Town and New Atlantic Development Corporation in connection with the Olmsted Hill/Fisher Hill Town- Owned Reservoir Project.

Jeff Levine, Director of Planning and Community Development stated that this will clarify language in the LDA in reference to single family lots. The LDA for the Fisher Hill Town-Owned Reservoir Redevelopment implies that each market rate lot will either be developed as a single family home or landscaped in anticipation of such development. It does not explicitly anticipate that a buyer of two continuous lots may combine the lots to build a single family home with accessory use, nor that an abutter to the project might purchase an adjourning lot to allow for a use accessory to his/her lot. Mr. Levine added that any construction plans will have to go before the Planning Board for design review.

Chairman DeWitt added that this has been reviewed by Town Counsel and it appears to be a useful document.

On motion it was unanimously,

VOTED: To approve and execute a Second Amendment to the Land Disposition Agreement (LDA) between the Town and New Atlantic Development Corporation in connection with the Olmsted Hill/Fisher Hill Town-Owned Reservoir Project. In Board of Selectmen February 8, 2011 Page 5 of 13

GRANT APPLICATION

The Board considered the question of approving and authorizing the Chairman to execute a Survey and Planning grant application for submission to the Massachusetts Historical Commission for a Conditions Assessment and Feasibility Study of the Fisher Hill Gatehouse.

Jeff Levine, Director of Planning and Community Development stated that he would like to pursue a grant to look at the Fisher Hill Gatehouse on the future park site. It will provide a conditions assessment and feasibility study. This is an important element of the Master Plan at the site.

On motion it was unanimously,

VOTED: To approve and authorize the Chairman to execute a Survey and Planning grant application for submission to the Massachusetts Historical Commission for a Conditions Assessment and Feasibility Study of the Fisher Hill Gatehouse.

FISHER HILL RELEASE DEED

The Board considered the question of approving and executing the Release Deed in connection with the purchase of the State site at Fisher Hill.

Town Counsel Jennifer Gilbert stated that the Town will be closing this Thursday on the purchase of the State owned site at Fisher Hill. The date has been changed on the release deed, prompting the State to require an updated deed and vote.

On motion it was unanimously,

VOTED: To approve and execute the Release Deed in connection with the purchase of the State site at Fisher Hill.

VOTED: To authorize the Town Administrator to sign the Disclosure of Beneficial Interest form which is required under Chapter 7, section 40J.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to BU College of Fine Arts in connection with a Reception to be held on February 28, 2011 from 8pm-11pm at 808 Commonwealth Avenue.

On motion it was unanimously,

In Board of Selectmen February 8, 2011 Page 6 of 13

Selectman Goldstein returned 7:35

VOTED: To grant a temporary Wine and Malt beverages license to BU College of Fine Arts in connection with a Reception to be held on February 28, 2011 from 8pm-11pm at 808 Commonwealth Avenue.

SALE OF BONDS

The Board considered the question of authorizing Finance Director Stephen Cirillo to sell $11,025,000 in General Obligation bonds to the lowest bidder Roosevelt & Cross, Inc.

Director of Financing Steve Cirillo stated that he is pleased to announce that Brookline has, once again, received a Aaa bond rating. The General Obligation Bonds include work on the Runkle School, wastewater improvements, and repairs at the Golf Course.

Selectman Daly stated that she is pleased to receive the Aaa rating because it helps the Town receive favorable rates from lenders. Mr. Cirillo replied that this is credited to the policy makers for their financial strategies over the years.

On motion it was unanimously,

I, the Clerk of the Board of Selectmen of the Town of Brookline, Massachusetts (the “Town”), certify that at a meeting of the board held February 8, 2011, of which meeting all members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appear upon the official record of the board in my custody:

Voted: that we hereby determine, in accordance with G.L. c. 70B, that the amount of the cost of the John D. Runkle Elementary school project authorized by a vote of the Town passed on November 17, 2009 (Article 4) not being paid by the school facilities grant is $17,243,098 and we hereby approve of the issuance of notes and bonds in such amount under said G.L. c. 70B.

Voted: that the sale of the $11,025,000 General Obligation Municipal Purpose Loan of 2011 Bonds of the Town dated February 15, 2011 (the “Bonds”), to Roosevelt & Cross, Inc. at the price of $11,112,799.30 and accrued interest is hereby approved and confirmed. The Bonds shall be payable on February 15 of the years and in the principal amounts and bear interest at the respective rates, as follows:

In Board of Selectmen February 8, 2011 Page 7 of 13

Interest Interest Rate Rate Year Amount Year Amount

2012 $1,220,000 2.00% 2022 $470,000 3.50% 2013 570,000 2.00 2023 470,000 3.625 2014 570,000 3.00 2024 470,000 3.75 2015 570,000 5.00 2025 470,000 4.00 2016 570,000 2.00 2026 470,000 4.00 2017 570,000 2.25 2027 465,000 4.125 2018 570,000 3.00 2028 465,000 4.25 2019 570,000 3.00 2029 465,000 4.25 2020 570,000 3.00 2030 465,000 4.375 2021 570,000 3.25 2031 465,000 4.50

Further Voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January 28, 2011, and a final Official Statement dated February 3, 2011 (the “Official Statement”), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.

Further Voted: that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement.

Further Voted: that the consent to the financial advisor bidding for the Bonds, as executed prior to the bidding for the Bonds, is hereby confirmed.

Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time.

Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.

I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes) was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours In Board of Selectmen February 8, 2011 Page 8 of 13

in or on the municipal building that the office of the Town Clerk is located, at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Bonds were taken in executive session, all in accordance with G.L. c.30A, §§18-25 as amended.

CIVIL WAR TABLETS

The Board considered the question of reviewing and approving the plans for the relocation of the Civil War Tablets.

Building Commissioner Mike Shepard stated that in 1884 Brookline’s Town Meeting formed a committee to erect tablets in the Town Hall in memory of the Brookline soldiers and sailors “who lost their lives in the war of the rebellion”. After many years the tablets ended up being stored in the casing outside of Town Hall. Today, the tablets are still intact but missing the pediment. A proper home was sought for the tablets.

After discussion with Town Hall leadership and Veteran’s organization it was determined that a more appropriate location would be within the lobby of Town Hall. A local architect was retained to prepare plans for the frame and attachment to the wall.

Selectman Benka stated that the tablets constitute a remarkable piece of Brookline’s history and of the Civil War. The tablets contain the names, date and location of the individual’s deaths during the Civil War. Selectman Benka read some of the inscriptions.

Selectman Benka asked the local media if they could enlist the public’s help in the possibility of locating the pediment. Chairman DeWitt added that that may not be as farfetched as you would think. A few years ago during the renovation of Town Hall, a resident brought forward a decorative column of the original Town Hall that her father had purchased as an antique dealer many years ago.

The Board noted some familiar family names, and is pleased to support and honor those dedicated in the tablets.

TEMPORARY POLLING RELOCATION

Discussion and potential vote on the temporary relocation of the Polling location for Precincts 12 and 13 during the period of the Runkle School Construction Project.

Town Clerk Pat Ward stated that due to the renovations at Runkle School there is a need for two temporary polling places for precincts 12 and 13. Based on research and input he has come up with several alternative locations. They are Driscoll School, the Schluntz In Board of Selectmen February 8, 2011 Page 9 of 13

gym at the High School, Heath School, Washington Square Fire Station, and Newbury College. Mr. Ward does not recommend the Fire Station due to safety concerns and poor parking, and noted that Driscoll School would house three precincts if chosen.

Chairman DeWitt stated the Chief O’Leary indicated that the sites would require the Town to designate certain sections of the roadway for voters only, and that the High School would have added congestion during school hours.

Selectman Goldstein asked if it is unusual for a private organization such as Newbury College to host a polling location. Mr. Ward replied no, Wheelock College has been precinct 1 for many years. Educational institutions are more lenient with the use of their facilities. He added that Newbury College has generously offered the use of their shuttle bus that runs every ten minutes from the Reservoir “T” stop.

The Chair took public comment.

Howard Brown, Bartlett Crescent spoke in favor of Precinct 13 being relocated to Driscoll School, stating that it is the demographic center and close to the “T”. He thinks the shuttle bus will add a layer of inconvenience.

Kim Smith TMM#6 spoke in favor of precinct 13 being relocated to Driscoll School. It is easier to get to for those who do not drive.

Barbara Senecal TMM#13 spoke in favor of precinct 13 being relocated to Newbury College noting its overall proximity, parking and the fact that it is 2 blocks from the existing polling location at Runkle School. It is also accessible from both the C and D line. She has spoken with many residents in her precinct that do not want to go to Driscoll School.

Jonathan Fine TMM#13 spoke in favor of precinct 13 being relocated to Newbury College or Heath School stating that Newbury College is a good compromise and only 2 blocks from the existing polling location. It can accommodate the greatest amount of people. He presented a petition with 90 signatures in support of this.

Craig Pasek, 122 Westbourne Terrace spoke in favor of precinct 13 being relocated to Driscoll School stating that it is centrally located and closer to the “T’.

Amy Hummel TMM#12 spoke in favor of precinct 12 being relocated to the gym at the High School. The Aspinwall Ave neighborhood association is in favor of this, one reason is that it is on the D line.

Lee Selwyn TMM#13 spoke in favor of precinct 13 being relocated to Newbury College stating that Driscoll School is at the extreme end of the precinct, and Newbury College is in the center of the precinct. It is just as central as the Runkle School and noted that it is only a temporary location. In Board of Selectmen February 8, 2011 Page 10 of 13

John VanScoyoc TMM#13 spoke in favor of precinct 13 being relocated to Newbury College, stating that this is not an issue of one part of the precinct over another; Newbury College is reachable by public transportation and convenient by car.

Dave Hilburn, Reservoir Rd spoke against the Driscoll School location, stating that as a parent of a student there, they had been trying to reduce traffic in that area for many years. He has concerns on the Presidential election which tends to bring out more voters.

Andrew Fischer TMM#13 spoke in favor of precinct 13 being relocated to Driscoll School, stating that it would result in a larger voter turnout because it is an easier location for the greater amount of residents. Driscoll School is the only option that is “T” accessible. Mr. Fischer relayed memo from Hsiu Lan Chang, a local business owner and resident in support for the Driscoll School location.

Bonnie Gilbert, Bartlett Crescent spoke in favor of precinct 13 being relocated to Driscoll School, stating that it will attract the greatest amount of voters, being a densely populated area.

Selectman Daly stated that those she has spoken to has favored the Schluntz gym 2- 1 for precinct 12 voters. She added that Newbury College is uphill for those on foot, but she has concerns on parking at Driscoll, especially for older voters. Due to the accessibility issues, she expressed a preference for Newbury College.

Selectman Benka stated that Precinct 13 is a difficult layout; it is the longest and the narrowest precinct. The Heath School is not convienent for residents at the eastern end of the precinct and Driscoll is not convenient for those at the western end. Newbury College is centrally located, and far more registered and actual voters are within 1 mile of Newbury than is true of Driscoll. It has been noted that the majority (53%) of voters in the May 2010 election were on the “Newbury” side, southwest of the D line. Selectman Benka noted Town Clerk Ward’s memo that the parking situation at Driscoll is more dangerous, and that Newbury College has a more favorable parking situation, and the arrangement of reliable shuttle service. He is grateful that Newbury offered its facilities showing their civic spirit.

Selectman Goldstein stated that looking at Heath School vs. Driscoll School, Newbury College makes the most sense. It would be difficult for the Board to predict the turnout at one location over another. He added that to not upset the status quo, where Runkle School has been the polling location for many years without conflict, Newbury is a clear and favorable compromise.

Selectman Mermell stated that this is a temporary situation, and she does not see it as an issue of numbers, but practicality. She feels that for the northern part of the district to take the “T”plus a shuttle bus back and forth is disproportionally inconvenient. Driscoll School makes more sense for those who use public transportation, plus she has concerns about the educational exponent on the various transportation options required for Newbury College. In Board of Selectmen February 8, 2011 Page 11 of 13

Selectman Daly asked if the Senior Center’s or the Recreation Department’s bus could provide shuttle service from Washington Square to Newbury College. It is something to look into.

On motion it was unanimously,

VOTED: Pursuant to MG.L., Chapter 54, section 24, the polling places for each of the following precincts have changed to and are designated as follows:

PRECINCT 12: Brookline High School, Schluntz Gymnasium, 115 Greenough Street Brookline, MA 02445

On motion it was,

VOTED: 4-1 Mermell against Pursuant to MG.L., Chapter 54, section 24, the polling places for each of the following precincts have changed to and are designated as follows:

PRECINCT 13: Newbury College, 129 Fisher Avenue, Brookline Ma, 02445.

GOLF COURSE CONCESSION

Further discussion on recommendations for the concession operations at the Golf Course.

Director of Parks and Recreation Lisa Paradis stated that there are some major changes in the RFP resulting from a public meeting on January 20th that addressed some concerns. Their goal is to partnership with a vendor where the Town would receive the most revenue. The major change is that the restaurant will remain a seasonal restaurant working with full time hours from April 1st -November 30th. Special events and limited weekend offerings will be permitted from December 1st-March 31st. A one day liquor license will be necessary for those events. The RFP will require a set rate of $46,000 per year or 10% of the gross revenue, whichever is higher to be paid on September 1st yearly. Also, the vendor must commit to complete one “significant “capital improvement during the term of the contract.

Selectman Mermell asked about the closing time, the RFP states 9:00 p.m. Ms. Paradise replied that that is a minimum, they could stay open later.

Selectman Daly asked about utility payments. Ms. Paradis replied that is included in the set rate.

Selectman Mermell asked about the capital improvements. Ms. Paradis replied that they would like to see significant capital improvements. This may include flooring, or In Board of Selectmen February 8, 2011 Page 12 of 13

central air; they would work with the vendor on what would be prioritized. Selectman Mermell noted that they are increasing the rent and asking for capital improvements.

Selectman Benka stated that the bid requires a minimum of $46,000 or 10% of gross revenue, and in addition, X amount for capital improvements would be favorable. How would the bidder know how to respond to the capital improvement request as opposed to increasing the amount of the base bid? Chief Procurement Officer Dave Geanakakis replied that it is not a strict number, it would be graded highly advantageous. They will start the evaluation process to decide what would be the advantageous criteria. This would be determined before opening the bids.

Chairman DeWitt stated that it would be difficult to get the financing for capital improvements on a three year lease that is public property. The other public properties that require capital improvements have 30 year leases.

Trisha Laham, VFW Parkway stated that no one at the meeting supported a year round restaurant, and everyone supported the current vendor. This process started in August, and since then the current vendor has been in flux, which is not fair. The current vendor is a valued member of the community, and this process has been punishing them. Chairman DeWitt replied that it is a public bid process and it is being processed according to State statute.

Robert Allen, TMM#16 stated that this is the 5th time an RFP went out for the Golf Course. The current request is $46,000 a year, based on the calculation of what is needed to cover its cost. The decent approach would be to determine the average revenue and go up from there. To jump from $30,000 to $46,000 is significant, and he is not sure where the cost of the room rental comes into play, is that an additional $6,000.00? The current vendor would have to make up sales significantly. Another concern he has is the one day liquor license for events which would require approval from both the Park and Recreation Department and the Board of Selectmen. There could potentially be two vendors during a tournament day with an alcohol beverage license. He also agreed with Chairman DeWitt on the capital improvement issue.

Regina Frawley, TMM#16 asked if there were any examples of other municipal golf courses making it as a full time destination restaurant. Chairman DeWitt replied that it is not a full time destination restaurant it is seasonal. Ms. Frawley also asked about lighting in the parking lot; and if the public could have access to the facility if they are not having food there? Selectman Daly replied the cost of utilities included as part of the fee. Ms. Paradis replied that Boston has two municipal golf courses, one is seasonal and one is full time. The spaces are comparable to Brookline’s restaurant.

David Baldwin, Goodnough Rd, stated that this RFP does not have many advantages for the current vendor at all. It could be modified for both parties to be successful, the Town and the vendor. Hopefully, it can be put in front of the proper people, and get it done fairly. In Board of Selectmen February 8, 2011 Page 13 of 13

Selectman Daly added that the prior vendor lost money in the operation. She is concerned about the amount of the increase, maybe it could be ramped up to that amount.

Ginny Friedman, Beverly Rd asked if a full time restaurant comes in, what will happen to the golfers. Its main function is still a golf course; the restaurant was never a huge revenue maker for the Town. There are many things that need to be addressed, so baby steps should be taken to get to where you want it.

Ms. Paradis stated that it is a golf course and it is the business that they know. The Park and Recreation Commission has tried very hard to accommodate both aspects. Many of the issues that were addressed tonight have not changed from the prior RFP.

Regina Frawley, TMM#16 questioned the liability insurance of the liquor license. She is concerned it will lead to a full liquor license down the road.

Selectman Benka replied that the vendor is required to have commercial liability workers compensation, and liquor liability insurance, the Town would be an additional named insured.

The Board would like to see some modifications and revisit this agenda item next week.

There being no further business, the Chair adjourned the meeting at 9:55 p.m.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date.

1.powerpoint presentaion 6. memo to BOS from S.Cirillo/printout from Moody’s investor service/required vote/article from Boston Business Journal 7. memo to TA from M.Shepard/achieved reports/copy of tablets/Town Hall wall plans 8. emails/petitions/memo to TA from Chief O’Leary/letter from W. Galvin/memo from P.Ward to S. Cronin/maps 9. copy of changes to RFP with graph/memo from TA to BOS/copy of RFP 10. copy of minutes of January 25, 2011 11.memo from JLevine to BOS 12.memo to TA from preservation staff/copy of application 13. email from JGilbert to TA/execution copy release deed 14. application

In Board of Selectmen February 15, 2011 6th Floor Hearing Room

Present: Acting Chair Nancy Daly, Selectmen Jesse Mermell, Richard Benka and Kenneth Goldstein

The Minutes of February 8, 2011 were approved as amended

In Board of Selectmen February 15, 2011 Page 2 of 40

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

Mariela Ames TMM#15 and Arthur Conquest TMM#6 spoke about last Annual Town Meeting’s Article 17 on promoting diversity in the Town. They would like an update on the steps being taken to ensure this is being pursued. Town Administrator Mel Kleckner stated that the Town has joined Commonwealth Compact, an organization that helps promote diversity in Massachusetts workforces. The Human Recourse Director will be presenting an update at the March 15th meeting. Bobbie Knable TMM#1 presented questions to be addressed that included how Brookline compares to other communities, and how the Town is going about attracting diverse applicants. Frank Farlow TMM# 4 would like to see the report have clear formats and tables that can be easily understood with historical data to see how the Town has progressed over the years.

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

There will be no Selectmen meeting next week during school vacation. Selectman Benka reported that the Commission for the Disabled expressed their thanks to the DPW for efforts in clearing the snow at street corners for easy access. Residents should be aware of their responsibility to clear their sidewalks

TRANSFER

The Board considered the question of a approving the following CDBG transfers:

From: Affordable Housing $114,589.00 1899 G011 558084

To: Riverway Pedestrian Path $114,589.00 1848 G011 6P0021

From: Monmouth Park Impvemt. $ 50,689.93 1826 G004 6C0007 Olmsted Park $ 63,898.65 1868 G001 6C0007

To: Affordable Housing $ 50,689.93 1899 G004 558084 Affordable Housing $ 63,898.65 In Board of Selectmen February 15, 2011 Page 3 of 40

1899 G001 558084

From: Housing Division $ 5,239.76 1805 G009 510101 Youth Employment $ 229.85 1803 G009 510901 After Hours U $ 6,439.00 1895 G009 558043 Project 112 $ 5,530.00 1850 G009 558039 Contingency $ 1,268.00 1814 G009 558096 Brkl Elder Taxi System $ 318.30 1824 G009 510101 Brkl Learning Program $ 1,072.59 1830 G009558010

To: Gateway East Design & Construction $ 20,097.60 1841 G009 6T0034

From: Housing Division $ 9,013.34 1805 G010 510101 Youth Employment $ 37.71 1803 G010 510901 Project 112 $ 2,240.00 1850 G010 558039 Contingency $ 2,683.00 1814 G010 558096 Brkl Elder Taxi System $ 10.57 1824 G010 510101

To: Affordable Housing $ 13,984.62 1899 G010 558084

Director of Planning and Community Development Jeff Levine stated that these accounts need to be cleaned up and closed out because the projects are considered complete. If the funds are not reallocated, they will need to be redirected back to the federal government. The majority of the funds will be reallocated to the Riverway Pedestrian Path project which is allowable under the CDBG regulations. Mr. Levine added that Congress has not approved the budget for FY12 and he is concerned that there may be drastic cuts to CDBG funding. Acting Chair Daly added that a letter has been drafted asking our representatives to support the Community Development Block Grant Program, and its importance to the community. In Board of Selectmen February 15, 2011 Page 4 of 40

On motion it was unanimously,

VOTED: To approve the following CDBG transfers:

From: Affordable Housing $114,589.00 1899 G011 558084

To: Riverway Pedestrian Path $114,589.00 1848 G011 6P0021

From: Monmouth Park Impvemt. $ 50,689.93 1826 G004 6C0007 Olmsted Park $ 63,898.65 1868 G001 6C0007

To: Affordable Housing $ 50,689.93 1899 G004 558084 Affordable Housing $ 63,898.65 1899 G001 558084

From: Housing Division $ 5,239.76 1805 G009 510101 Youth Employment $ 229.85 1803 G009 510901 After Hours U $ 6,439.00 1895 G009 558043 Project 112 $ 5,530.00 1850 G009 558039 Contingency $ 1,268.00 1814 G009 558096 Brkl Elder Taxi System $ 318.30 1824 G009 510101 Brkl Learning Program $ 1,072.59 1830 G009558010

To: Gateway East Design & Construction $ 20,097.60 1841 G009 6T0034

From: Housing Division $ 9,013.34 1805 G010 510101 Youth Employment $ 37.71 1803 G010 510901 In Board of Selectmen February 15, 2011 Page 5 of 40

Project 112 $ 2,240.00 1850 G010 558039 Contingency $ 2,683.00 1814 G010 558096 Brkl Elder Taxi System $ 10.57 1824 G010 510101

To: Affordable Housing $ 13,984.62 1899 G010 558084

TOWN ELECTION

Pursuant to M.G.L., Chapter 41, Section 10 and M.G.L. Chapter 43A, section 5 the Town Clerk is hereby directed to place on the ballot for the May 3, 2011 Annual Town Election the following offices:

One Town Meeting Member One Year Term (Precincts 1 & 12)

One Town Meeting Member Two Year Term (Precinct 12)

Town Clerk Pat Ward stated that this is to have the Board formerly notice the Town Clerk of any Town Meeting Member vacancies. This practice has been in place for about ten years now.

On motion it was unanimously,

VOTED: Pursuant to M.G.L., Chapter 41, Section 10 and M.G.L. Chapter 43A, section 5 the Town Clerk is hereby directed to place on the ballot for the May 3, 2011 Annual Town Election the following offices:

One Town Meeting Member One Year Term (Precincts 1 & 12)

One Town Meeting Member Two Year Term (Precinct 12)

RFP GOLF COURSE

Further discussion and vote on the RFP for the concession operations at the Golf Course. In Board of Selectmen February 15, 2011 Page 6 of 40

Director of Recreation Lisa Paradis stated that the Park and Recreation Commission has made some changes addressing some concerns from last week’s Selectmen’s meeting. The major changes are that the capital portion of the bid is not mandatory; the price will be set at $42,000 with a 3% increase over three years of the contract, which would then increase three percent if the contract should go beyond that. The hours will reflect a minimum, and golf tournaments off season.

Selectman Benka suggested that the price proposal portion have some language changes to make it clearer. He will pass that along. He noted that it indicates 4 additional “Charity Golf Tournaments or Special Events during the off season.” Would this be from November to April? This is a substantive change from the last draft which allowed 4 tournaments for special events during the golf season; this is for the off season. Is this intended? Ms. Paradis replied yes, on the recommendation of Town Counsel this was added due to the possibility of liquor licenses being overlapped by two different vendors.

Selectman Benka addressed paragraph 41, page 36 indicating that the deposit of certificates has a maturity date of April 1, 2012. The payment for 2011 does not have to be made until April 15, they should think about making sure the insurance bond or the certificate of deposit is coordinated with the date that the payment actually has to be made so that the Town has a bond or CD in place at the time the payment is made if there is a default on this obligation.

Selectman Goldstein asked if the indemnity portion is still part of the RFP. Ms. Paradis replied yes, it is.

Acting Chair Nancy Daly expressed concerns on the revenue increase. She feels it could be more realistic to start a little lower and go up from there. The increase is a 22% increase over this past year. She recommends smaller increases over the years. Ms. Paradis replied that they felt this number reflected recovering a portion of the cost occurred over the year. She feels this is a good number to start with.

Selectman Mermell asked about the capital improvements portion and noted that it is still included in the evaluation process. How would different scenarios be evaluated in terms of capital vs. dollar amount? Chief Procurement Officer Dave Geanakakis replied that there is a base set at the dollar amount. If a bid came in with a dollar amount towards capital, they would require stating what the intended improvements would include. The priority of items is listed in the RFP. It is based on individual and overall ranking, so it is difficult to determine the outcome of that scenario.

Selectman Benka asked whether $50,000 including capital improvements would be preferred over cash. Mr. Geanakakis replied that this would be looked at as more valuable than cash. Mr. Benka addressed the capital improvement criteria vs. the equipment replacement plan and apparent duplication of some items. Ms. Paradis replied that they saw this as two separate categories. She agrees that the word equipment should be taken out of the capital improvement plan, #2. Selectman Benka added that it may be helpful if In Board of Selectmen February 15, 2011 Page 7 of 40

capital or equipment were included in the dollar amount to address Selectmen Mermell’s scenario.

Acting Chair Daly stated that they do want a vendor that is successful, and if the increase would be an obstacle to do so. John Bain of the Park and Recreation Commission replied that even at the $42,000, the Town is just breaking even. He added that the Clubhouse could be a financial asset to the Town. Mr. Bain also stated that the Park and Recreation Commission voted the prior evening to recommend this version of the RFP.

Mark Weinstein, resident and golfer submitted an email that he will be sending to the TAB newspaper in support of the current vendor. He feels they are an improvement to the concession and a major asset to the golf course.

On motion it was unanimously,

VOTED: 4-0

To recommend that the RFP incorporates the changes made by Selectman Benka with the minimum price of $40,000 the first year, $42,000 the second year and 3% increases thereafter.

Acting Chair Daly added that the Parks and Recreation Commission can choose not to go with this recommendation.

GRANT

The Board considered the question of accepting a Community Outreach grant in the amount of $6,099.00 from NSTAR .

Assistant Town Administrator Melissa Goff stated that NSTAR has informed her that Brookline has been awarded a Community Outreach grant. This grant can be used towards energy conservation initiatives. Selectman Mermell stated that CCAB (Climate Change Action Brookline) is working hard to promote energy conservation awareness.

On motion it was unanimously,

VOTED: To accept a Community Outreach grant in the amount of $6,099.00 from NSTAR .

In Board of Selectmen February 15, 2011 Page 8 of 40

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt Beverages license (no sale) to Bakers Best, Inc. in connection with an Event to be held on Friday February 25, 2011 from 6pm to 10 pm at Larz Anderson Auto Museum, 15 Newton Street.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt Beverages license (no sale) to Bakers Best, Inc. in connection with an Event to be held on Friday February 25, 2011 from 6pm to 10 pm at Larz Anderson Auto Museum, 15 Newton Street.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to Lincoln School PTO in connection with a Fundraiser to be held on March 5, 2011 from 6pm - 11pm at Lincoln School Cafeteria, 19 Kennard Road .

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to Lincoln School PTO in connection with a Fundraiser to be held on March 5, 2011 from 6pm - 11pm at Lincoln School Cafeteria, 19 Kennard Road.

RESOLUTION

The Board considered the question of adopting a Resolution honoring Sherry Hesch for her more than 38 years of continuous service to the Brookline Public Library.

Library Director Chuck Flaherty stated that Sherry Hesch will be retiring after 38 years of being employed at the Brookline Public Libraries. She has been a vital part of the children’s programming.

The Board acknowledged Ms. Hesch’s dedication and wished her a happy retirement.

On motion it was unanimously,

VOTED: To adopt the following Resolution honoring Sherry Hesch for her more than 38 years of continuous service to the Brookline Public Library. In Board of Selectmen February 15, 2011 Page 9 of 40

RESOLUTION FOR SHERRY HESCH

WHEREAS, on March 2, 2011 Sherry Hesch will retire after more than 38 years of continuous service to the Public Library of Brookline; and

WHEREAS, Sherry received a Bachelor of Arts Degree and a Masters of Library Science Degree from Syracuse University; and

WHEREAS, in October of 1972, Sherry joined the staff of the Public Library of Brookline as a Librarian I in the Children’s Room at the Main Library; then in January of 1984, she was promoted to the Librarian II level; and

WHEREAS, in August of 2003 Sherry assumed the position as Supervisor of Children’s Services, making her responsible for this important service at all three of Brookline’s libraries; and

WHEREAS, under Sherry’s leadership, circulation of children’s materials has increased more than 47% and attendance at library sponsored programs has increased more than 52%; and

WHEREAS, Sherry’s knowledge of children's literature and helpful manner have endeared her to parents and children alike; and

WHEREAS, for the past 38 years Sherry has been instrumental in shaping the reading habits of the Brookline community; and

WHEREAS, Sherry has decided that now is the time to spend more time with her husband Stewart, daughters Erica and Allison, son-in law Neil and grandchildren Brennan and Jude; and

BE IT THEREFORE RESOLVED, that we, the Board of Selectmen, as the Town of Brookline’s governing body extend to Sherry our sincerest gratitude for the invaluable public service she performed so admirably, together with best wishes for many years of health and happiness in her retirement.

REDISTRICTING COMMITTEE

Presentation by Town Clerk on Redistricting and consideration of appointing a Redistricting Committee.

Town Clerk, Pat Ward, stated that Brookline is required to redistrict this year. Each district in the Commonwealth is required to redraw their districts.

In Board of Selectmen February 15, 2011 Page 10 of 40

Acting Chair Daly asked about the committee, and asked how many meetings would the Committee members need to attend. Mr. Ward replied it would be a tight schedule to start off with. The Committee would start meeting in the beginning of March, and would require maybe two meetings a week in the beginning to get things going. Selectman Goldstein asked about some changes on how college students are counted. Mr. Ward replied that if they reside at the school that address is what is counted, if not they are counted at their home town.

Selectmen Goldstein asked if it would be possible for a Town Meeting member to be redistricted out of office. Mr. Ward replied yes, that could happen. They would remain a Town Meeting member until the next election. Those affected would all run at once if they opted to.

There was no vote on this agenda item.

FY2012 FINANCIAL PLAN

Town Administrator Melvin Kleckner and Deputy Town Administrator Sean Cronin appeared to present the FY2012 Financial Plan.

Town Administrator Melvin Kleckner stated that this was his 5th month with the Town and he is pleased to present the budget for Board’s consideration. He added that he has observed a strong culture of financial management and fiscal discipline. This is a major factor in retaining the Town’s premier bond rating of Aaa, and has served the Town well in weathering the economic storm that has plagued Massachusetts and the country over the last few years. While the Town still faces difficult choices, it is in better shape than most cities and towns and will be able to avoid deep reductions in services and depletion of its financial reserves.

Mr. Kleckner and Deputy Town Administrator Sean Cronin present the following FY2012 Financial Plan. In Board of Selectmen February 15, 2011 Page 11 of 40

FY2012 FINANCIAL PLAN

BOARD OF SELECTMEN

BETSY DEWITT, Chairman MELVIN A. KLECKNER, Town Administrator NANCY A. DALY SEAN CRONIN, Deputy Town Administrator JESSE MERMELL MELISSA GOFF, Assistant Town Administrator1 RICHARD W. BENKA STEPHEN E. CIRILLO, Finance Director KENNNETH M. GOLDSTEIN

FY 2012 BUDGET OVERVIEW

• $234.2 million budget, representing a 3.6% increase over FY 2011

• Increases in property taxes and other locally generated revenues offset loss of federal stimulus funding, reduction in state aid and increases in health insurance costs

•Municipal department operations maintain programs and services

•School department faces challenges despite a 3.7% budget increase

•Capital Improvement Plan is fully funded and OPEB reserve funding is enhanced

•Free Cash Policy and reserves policy must be reviewed - Fiscal Policy Review

Committee has been convened 2

In Board of Selectmen February 15, 2011 Page 12 of 40

FY 2012 BUDGET - FISCAL PLANNING AND DISCIPLINE

† The Town of Brookline has avoided drastic reductions in programs/services, loss of reserves, layoffs of incumbent personnel and additional tax overrides

† We have maintained our Aaa Bond Rating

† This is the result of solid fiscal discipline and good long-term budget planning

3

KEY FACTORS

† Control of Health Insurance Costs (GIC) † Prudent allocation of one-time funds † Diversification of revenues (Hotel and Meals taxes) † Negotiation of PILOTs † Investment in energy efficiency and technology † Selective privatization of programs and services † Consolidation and reorganization † Efficiencies in operations

4

In Board of Selectmen February 15, 2011 Page 13 of 40

RECENT INITIATIVES

† Outsourced all School Grounds Maintenance (FY08) † Consolidation of Town/School Payroll functions (FY09) † Reduced Haul & Disposal Rates (FY09) † Re-Organized Sanitation / Leaf Collection Operations (FY09) † Consolidation of Health and Human Service administration (FY10) † Consolidation of Arborist / Conservation functions (FY10) † Reduction and civilianization of firefighters assigned to Fire Prevention (FY10) † Civilianization of Parking Meter Collections (FY10) † Merger of Fire and DPW Wires / Signals Divisions (FY10) † New meter system and additional Parking Control Officers (FY11) † Consolidation of DPW / ITD position (FY11) † Outsourced custodial services at Municipal Service Center (FY11) † Invested in IT (VoIP, parking tix handhelds, RFID, Fire) (multiple FY’s)

† Recreation Cost Recovery (multiple FY’s) 5

THE FY 2012 BUDGET

FY 2011 FY 2012 $$$ CHANGE % CHANGE REVENUES Property Tax 157,878,286 163,159,994 5,281,708 3.3% Local Receipts 19,718,475 20,525,792 807,317 4.1% State Aid 13,796,542 13,302,525 (494,017) -3.6% Free Cash 4,590,079 5,380,264 790,185 17.2% Other Available Funds 5,059,259 6,218,966 1,159,708 22.9% Enterprises (net) 24,995,838 25,618,474 622,636 2.5% TOTAL REVENUES 226,038,478 234,206,016 8,167,538 3.6%

EXPENDITURES Municipal Departments 61,886,857 63,203,477 1,316,620 2.1% School Department 72,043,133 74,740,587 2,697,454 3.7% Non- Departmental 52,532,109 56,128,482 3,596,372 6.8% Special Appropriations 7,102,000 6,979,000 (123,000) -1.7% Enterprises (net) 24,995,838 25,618,474 622,636 2.5% Non-Appropriated 7,478,540 7,535,997 57,457 0.8% TOTAL EXPENDITURES 226,038,478 234,206,016 8,167,538 3.6%

6

In Board of Selectmen February 15, 2011 Page 14 of 40

REVENUES

ƒ Property Tax increases by 3.3%, reflecting a stable source of revenue

ƒState Aid is down by $500,000, using a modified projection from Governor’s Budget

ƒLocal Receipts is up, reversing a three-year trend of declining revenues. Includes a $330,000 PILOT payment from BU

ƒFree Cash is certified at $7.1 million, but it is recommended that only $5.38 million be used for CIP and Reserves

ƒOther Available Funds increased by over $1 million resulting 7 from Parking Meter increase.

EXPENSES

ƒ Municipal Departments up 2.1 % including salary reserve

ƒ School Department up 3.7%, inclusive of a salary reserve. ƒ75% of Parking Meter revenue was allocated to make up for loss of federal funds and in recognition of increasing enrollment ƒHope for greater State Aid and/or lower Health Insurance

ƒHealth Insurance up 10%, plus the increased share of premium contributions ƒNew HRA, subject to negotiation with PEC and approval of GIC

ƒEnterprises up 2.5%. ƒFocus on cost recovery and accounting 8

In Board of Selectmen February 15, 2011 Page 15 of 40

FY12 POLICY ISSUES & INITIATIVES

† Employee Health Insurance AVG FAMILY PLAN SUBSCRIBER (3‐YR PER.) PPO HMO „ Continues to be major cost center „ FY12 budget $5.5M less than it would have Premium Savings ($9,452) ($10,489) been without move to GIC Out of Pocket Increase $4,300 $4,300 „ Average employee to benefit over 3-yr period Net Savings ($5,152) ($6,189) „ Recommend $250K HRA

TOWN FTE's † Staffing & Compensation 710

„ 5% reduction in Town FTE’s since FY06 700 „ FY12 net staffing reduction of 1 FTE 690 † Elimination of vacant Comptroller’s 680 Office position and vacant Motor 670 Equipment Repairman; reduced hours of 660

one position in the Selectmen’s Office so 650 no longer benefits eligible 2006 2007 2008 2009 2010 2011 2012 „ $15K increase in Training funding for increased professional development 9

FY12 POLICY ISSUES & INITIATIVES

† Recreation Cost Recovery „ Continue to implement the cost recovery “pyramid” model „ Simplified accounting of programs (all operating expenses in Rec budgets now instead of having funds in Rec, DPW, and Building Dept) „ Shift $52K from General Fund to Revolving Fund

UNRESERVED FUND BAL (GEN. FUND) + STAB FUND AS % OF REV † Financial Reserves „ Continue 1% reserve fund 18% „ Leave $1.7M of the $7.1M Free 16%

Cash certification unappropriated 14% instead of augmenting the CIP 12% „ Steps taken to prepare for the “Pension bump” paid off: FY12 10% increase of $657K instead of 8% $1.8M, while only increasing funding date from 2025 to 2028 6% „ Increase on-going funding stream 4% for OPEB’s to $1.25M (+$500K) 2%

0% FY92 FY94 FY96 FY98 FY00 FY02 FY04 FY06 FY0810 FY10

In Board of Selectmen February 15, 2011 Page 16 of 40

FY12 POLICY ISSUES & INITIATIVES

† Energy Conservation & Efficiency „ Electricity contract - “Blend and Extend” saved $100K „ 5 new hybrid vehicles, including 1 Volt „ W&S costs built into departmental budgets instead of in water/sewer rate

† Operating Efficiencies „ EIC recommendations that have been implemented save $1.3M in FY12 „ Moving to mobile-based citizen interaction system „ Handhelds in the field for various departments „ Increased use of GPS (DPW, Building Dept) „ Increased savings from VoIP (eliminating phone lines)

† Expanded Revenue Capacity „ New Growth of $1.5M (increases property tax growth from 2.5% to 3.4%) „ Increase in PILOT’s of $330K (BU agreement) „ +$1M in Parking Meter revenue

11

FINANCIAL PLAN SUMMARY

Water & Sewer Golf Course Recreation General Enterprise Enterprise Revolving % OF Fund Fund Fund Fund TOTAL TOTAL Personnel 107,788,199 2,266,701 425,885 1,291,160 111,771,945 47.7% Services 18,421,110 319,089 116,566 192,108 19,048,874 8.1% Supplies 3,657,211 122,415 118,200 108,073 4,005,898 1.7% Other 1,350,473 6,400 74,146 44,508 1,475,527 0.6% Utilities 5,125,928 160,625 89,817 120,321 5,496,691 2.3% Capital Outlay 1,947,346 254,650 83,900 6,369 2,292,265 1.0% Inter‐Governmental 20,000 17,109,942 17,129,942 7.3% Benefits 40,641,073 1,867,647 93,806 291,742 42,894,268 18.3% Reserves 2,389,375 244,432 16,000 2,649,806 1.1% Debt Service 10,404,421 2,335,704 185,679 12,925,804 5.5% Rev.‐Fin. CIP 6,979,000 6,979,000 3.0% Non‐Appropriated 7,535,997 7,535,997 3.2% TOTAL FINANCIAL PLAN 206,260,133 24,687,605 1,204,000 2,054,280 234,206,016 12

In Board of Selectmen February 15, 2011 Page 17 of 40

FULLY ALLOCATED FY2012 GENERAL FUND OPERATING BUDGET

Non‐School Non‐School Debt Benefits Community 3.0% 13.1% Services 1.1% Reserves 1.6%

Town Coll. Barg. 0.6%

Public Safety 14.9% Education 54.8%

Cultural Resources 2.1%

Public Works 5.9% General Govt 2.9%

13

GENERAL FUND SUMMARY

INCR./DECR. FY2011 BGT. FY2012 BGT. $%

REVENUE Property Tax 157,878,286 163,159,994 5,281,708 3.3% Local Receipts 19,718,475 20,525,792 807,317 4.1% State Aid 13,796,542 13,302,525 (494,017) ­3.6% Free Cash 4,590,079 5,380,264 790,185 17.2% Other Available Funds 5,059,259 6,218,966 1,159,708 22.9% TOTAL REVENUE 201,042,641 208,587,542 7,544,901 3.8% (LESS) NON­APPROPRIATED EXPENSES State & County Charges 5,556,335 5,704,158 147,823 2.7% Tax Abatement Overlay 1,795,169 1,700,000 (95,169) ­5.3% Deficits & Judgments 25,000 25,000 00.0% Cherry Sheet Offsets 102,036 106,839 4,803 4.7% TOTAL NON­APPROPRIATED EXPENSES 7,478,540 7,535,997 57,457 0.8% AMOUNT AVAILABLE FOR APPROPRIATION 193,564,101 201,051,545 7,487,444 3.9% APPROPRIATIONS Town Departments 61,886,857 63,203,477 1,316,620 2.1% School Department 72,043,133 74,740,587 2,697,454 3.7% Non‐Departmental Total 52,532,109 56,128,482 3,596,372 6.8% General Fund Non‐Departmental 50,214,405 53,801,071 3,586,665 7.1% Water and Sewer Enterprise Fund Overhead 1,869,338 1,867,647 (1,691) ­0.1% Golf Enterprise Fund Overhead 191,161 163,852 (27,309) ­14.3% Recreation Revolving Fund Overhead 257,205 295,912 38,707 15.0% OPERATING BUDGET SUBTOTAL 186,462,101 194,072,545 7,610,444 4.1% Revenue‐Financed Special Appropriations 7,102,000 6,979,000 (123,000) ­1.7% 14 TOTAL APPROPRIATIONS 193,564,101 201,051,545 7,487,445 3.9% BALANCE 0 00

In Board of Selectmen February 15, 2011 Page 18 of 40

TURNAROUND IN REVENUE FY12 GENERAL FUND REVENUE CHANGES $6.0 $5.28 $208.6M (+$7.5M, 3.8%)

Millions $5.0

$4.0

$3.0

$2.0 $1.16 $0.81 $0.79 $1.0 ($0.49) $0.0 Property Taxes Local Receipts State Aid Other Available Funds Free Cash ($1.0) FY11 FY12 $ Change % Change Total General Fund Revenue 201,042,640 208,587,543 7,544,903 3.8% Less: SBA Reimbursements 1,227,634 1,227,634 0 0.0% Net Debt Exclusions 1,258,944 1,090,408 (168,536) ‐13.4% Revenue for CIP 4,590,079 5,380,264 790,185 17.2% Free Cash 4,590,079 5,380,264 790,185 17.2% Tax Abatement Reserve Surplus 0 0 0 ‐ Capital Project Surplus 0 0 0 ‐ 15 OPERATING REVENUE 193,965,983 200,889,236 6,923,253 3.6%

PROPERTY TAX – NEW GROWTH

† Has been a critical component of the Town’s overall fiscal health

New NEW GROWTH HISTORY (in millions) Growth as % of 2.5% $3.0 Included $682K from Longwood 2.5% Growth New Growth Growth Towers condo conversion FY00 $2.26 $1.74 77% $2.5 FY01 $2.36 $1.73 73% FY02 $2.46 $1.91 78% $2.0 FY03 $2.57 $2.49 97% FY04 $2.69 $2.49 92% $1.5 FY05 $2.82 $2.39 84% FY06 $2.95 $2.23 76% FY07 $3.08 $1.99 65% $1.0 FY08 $3.21 $2.58 80% FY09 $3.36 $1.83 54% $0.5 FY10 $3.64 $1.76 48% FY11 $3.78 $1.83 48% $0.0 FY12 (est.) $3.92 $1.50 38% 1 2 4 5 8 1 2 0 0 0 0 0 1 1 Y Y Y Y Y Y TOTAL $39.10 $26.47 68% FY00 F FY FY03 F F FY06 FY07 F FY09 FY10 F F

† In FY12, estimating $1.5 million, which would be the lowest since FY99. 16

In Board of Selectmen February 15, 2011 Page 19 of 40

STATE AID

† Partially following Governor’s budget: assuming proposed increase in Ch. 70 ($37K), but a larger cut (10%, $537K) in Unrestricted General Gov’t Aid than proposed (7.2%, $388K) † FY12 decrease of $494K (3.6%), exclusive of SBA reimbursements

CHERRY SHEET AID HISTORY (in millions) $18 $7,000

$16 Brookline w/o SBA + METCO $6,000 $14 State w/o SBA + METCO $5,000 $12 $10 $4,000 $8 $3,000 Brookline $6 Statewide $2,000 $4 $2 $1,000 $0 $0 FY92 FY93 FY94 FY95 FY96 FY97 FY98 FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11

* The State moved School Building Assistance (SBA) funding "off‐budget" in FY06 and METCO off of the Cherry 17 Sheet in FY07, so they are removed from all other years for a more accurate comparison. FY12 (House 1)

LOCAL RECEIPTS

† FY12 increase of $807K (4.1%)

FY12 LOCAL RECEIPT CHANGES $400,000 $330,000 $300,000

$200,000 $200,000

$100,000 $100,000 $100,000 $50,000 $50,000 $24,000 $0 MVE Local Licenses/ Parking Bldg Interest PILOT's All Option Permits Tix Permits Income Others ($100,000) Taxes ($46,683) 18

In Board of Selectmen February 15, 2011 Page 20 of 40

PARKING METER RECEIPTS

† FY12 increase of $1.15M (43.4%)

† $1M from the meter rate increase / time extension approved by the Selectmen and Transportation Board, respectively „ $50K recommended to augment CIP funding for Commercial Area Improvements „ $950K split 75% School ($712,500) / 25% Town ($237,500)

† $100K from the change in accounting of Guest Overnight Parking from a Local Receipt to Parking Meter Receipts

† $50K increase based on FY10 actual collections

19

FREE CASH

† Free Cash as of 7/1/10 certified at $7.1M † For FY12, recommending using $5.38 million, leaving $1.7 million unappropriated to help improve the undesignated fund balance situation † Moody’s credit report: “available reserve levels declined (to) 10.5% of revenues...this represents the town's lowest available reserve balance as a percent of revenues since at least 2003.” † Used in accordance with the Town’s Free Cash Policies „ $469,288 for the Operating Budget Reserve Fund „ $355,264 for the Affordable Housing Trust Fund „ $141,959 for the Liability/Catastrophe Fund

„ $4,413,753 for the CIP 20

In Board of Selectmen February 15, 2011 Page 21 of 40

GENERAL FUND SUMMARY – EXPENDITURE GROWTH

$3.0 $2.8 $2.7 $2.5 Millions

$2.0

$1.5 $1.3

$1.0 $0.5 $0.5 $0.3 $0.1 $0.0 School Town Dept's Benefits 5.5% CIP Free Cash / Non- Misc. Budget Other CIP Approp. ($0.1) ($0.5) 21

DEPARTMENTAL CHANGES

DEPARTMENT FY12 vs FY11 Selectmen's Office (2,503) Human Resources Department 23,728 Information Technology 11,328 Finance Department 1,404 Legal Services 10,129 Advisory Committee (15) Town Clerk (39,495) Planning & Community Development 2,592 Police Department 39,073 Fire Department 123,273 Building Department (14,456) Public Works 285,722 Library 100,000 Health 34,661 Veterans' Services 1,727 Council on Aging 31,593 Human Relations Youth Resources (43) Recreation Department 48,410 Personal Services Reserve (40,507) Collective Bargaining 700,000 22 TOTAL 1,316,620

In Board of Selectmen February 15, 2011 Page 22 of 40

STAFFING LEVELS EXAMPLES GENERAL FUND TOWN FTE's † 7 in DPW from privatization 710 efforts 700 † 2 in DPW from consolidation efforts (1 from combining Fire 690 Wires w/Highway and 1 from 680 combining IT position w/ITD) Reduction of more † than 34 positions (5%) 6 more in DPW from 670 eliminating vacant positions 660 † 3 in Police/Fire from civilianization efforts 650 † 7 more cut from Police/Fire 2006 2007 2008 2009 2010 2011 2012 † 2 from investment in IT FY (Police and Library) † 4 from A&F Dept’s 1

HEALTH INSURANCE

† Estimated FY12 increase of $2.5M (12.3%) † Budgeted a separate $250K HRA

GROUP HEALTH APPROPRIATION GROWTH IN ANNUAL PREMIUM $25,000 $35 $30 PPO (I) PPO (F) $25 $20,000 M illions $20 $15 $15,000 $10 $5 $10,000 $0 $5,000 FY92 FY93 FY94 FY95 FY96 FY97 FY98 FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12

$0 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 (proj.) FY14 (proj.) FY15 (proj.) FY16 (proj.) FY17 (proj.) • Health insurance now consumes 12% of the Operating Budget vs 6% in FY00. • Budgetary growth of $14M (161%) during the same period. • Since 2000, enrollment has grown by 288 (11%), due primarily to Schools. 24 • FY11 total cost of Hvd PPO family plan is $17,733; FY12 total cost est of $19,506.

In Board of Selectmen February 15, 2011 Page 23 of 40

HEALTH INSURANCE EFFORTS

Millions $35 $30.6

$30

$22.7 $25

$20

$15

$10 FY12 If No Changes † Consolidation in FY05 saved approx. $1.2M † Plan Design Changes in FY08 saved approx. $1.1M 25 † Move to GIC in FY11 saved approx. $5.6M

OPEB’S † FY12 Financial Plan includes the following: „ Increase in funding from operating revenue by $500K to $1.25M „ Fully assessment of Town special revenue funds for their liability „ Use of “run-off” from funding for Non-Contributory retirees

2012 Non‐Contributory (Pensions) Savings 60,000 Special Rev Funds 138,435 School Spec Rev Funds 100,000 Operating Revenue 1,250,000 TOTAL 1,548,435

26

In Board of Selectmen February 15, 2011 Page 24 of 40

OPEB FUNDING SCHEDULE

OPEB FUNDING SCHEDULE $50 Pay‐As‐You‐Go Add'l Funding Required Millions $40

$30

$20

$10

$0 2011 2013 2015 2017 2019 2021 2023 2025 2027 2029 2031 2033 2035 2037 2039

- Will be fully-funding the ARC (Annual Required Contribution) in approx. 10 yrs. 27

PENSIONS

† CY08 loss of 28% followed by CY09 gain of 23% † Over same period, funding schedule assumed 16.5% return (8.25%/yr) † Result was an increase in unfunded liability and a spike in funding requirements † Took steps in FY10 and FY11 to begin addressing this problem by using the local option taxes; result is FY12 growth of $657K compared to what would have been close to $1.9 million † Allowed the Town to more honestly address the funding spike instead of significantly extending the funding schedule (went from 2025 to 2028)

FY10 FY11 FY12 Original funding schedule 12,063,565 12,565,355 13,083,124 Augmented with local option taxes 13,028,716 13,784,954 Revised FY12 14,442,334 Revised Preliminary FY12 vs Original FY11 1,876,979 Revised Preliminary FY12 vs Augmented FY11 657,380 28

In Board of Selectmen February 15, 2011 Page 25 of 40

PENSIONS FUNDING SCHEDULE

PENSION SYSTEM FUNDING SCHEDULE $30

$25 Millions $20

$15

$10

$5

$0 201220142016201820202022202420262028 29

FY2012 WATER & SEWER ENTERPRISE FUND INCREASE/DECREASE FY2011 FY2012 BUDGET BUDGET $%% of Total

REVENUE Rate Revenue 23,990,300 24,485,606 495,306 2.1% 99.2% Late Payment Fees 110,000 110,000 00.0%0.4% Water Service Charges 82,000 82,000 00.0%0.3% Misc. 10,000 10,000 00.0%0.0% TOTAL REVENUE 24,192,300 24,687,605 495,306 2.0%

EXPENDITURES Personnel 2,238,681 2,266,701 28,020 1.3% 9.2% Services 309,381 319,089 9,708 3.1% 1.3% Supplies 118,815 122,415 3,600 3.0% 0.5% Other 6,400 6,400 00.0%0.0% Utilities 162,998 160,625 (2,373) -1.5% 0.7% Capital Outlay 140,300 254,650 114,350 81.5% 1.0% Inter-Governmental (MWRA) 16,611,594 17,109,942 498,348 3.0% 69.3% Benefits 1,324,326 1,304,915 (19,411) -1.5% 5.3% Inter-Departmental Overhead 545,013 562,732 17,719 3.3% 2.3% Debt Service 2,495,199 2,335,704 (159,494) -6.4% 9.5% Reserve 239,595 244,432 4,837 2.0% 1.0% TOTAL EXPENDITURE 24,192,300 24,687,605 495,305 2.0% 30 BALANCE 000

In Board of Selectmen February 15, 2011 Page 26 of 40

FY2012 GOLF COURSE ENTERPRISE FUND INCREASE/DECREASE FY2011 FY2012 % of BUDGET BUDGET $%Total

REVENUE Greens Fees 1,045,000 980,000 (65,000) -6.2% 81.4% Golf Cart Rentals 82,000 75,000 (7,000) -8.5% 6.2% Pro Shop Sales 75,000 50,000 (25,000) -33.3% 4.2% Concessions 30,000 46,000 16,000 53.3% 3.8% Golf Clinics 17,500 30,000 12,500 71.4% 2.5% Other 16,700 23,000 6,300 37.7% 1.9% TOTAL REVENUE 1,266,200 1,204,000 (62,200) -4.9%

EXPENDITURES Personnel 431,548 425,885 (5,663) -1.3% 35.4% Services 125,242 116,566 (8,676) -6.9% 9.7% Supplies 132,975 118,200 (14,775) -11.1% 9.8% Other 4,100 4,100 00.0%0.3% Utilities 91,398 89,817 (1,581) -1.7% 7.5% Capital Outlay 85,580 83,900 (1,680) -2.0% 7.0% Debt Service 189,130 185,679 (3,452) -1.8% 15.4% Benefits / Other 138,164 131,152 (7,012) -5.1% 10.9% Town Fee (Transfer to Town for general use) 52,997 32,700 (20,297) -38.3% 2.7% Reserve 15,065 16,000 935 6.2% 1.3% TOTAL EXPENDITURE 1,266,200 1,204,000 (62,200) -4.9% 31 BALANCE 0 0 0

FY2012 RECREATION REVOLVING FUND INCREASE/DECREASE FY2011 FY2012 % of BUDGET BUDGET $%Total

REVENUE Adult Programs 41,200 0 (41,200) -100.0% 0.0% Aquatic 432,600 281,920 (150,680) -34.8% 13.7% Community Programs 16,931 0 (16,931) -100.0% 0.0% Eliot Center 0 327,690 327,690 - 16.0% Environmental Programs 30,900 75,439 44,539 144.1% 3.7% Ice Skating 113,300 243,232 129,932 114.7% 11.8% Outdoor Recreation 0 271,309 271,309 - 13.2% Outdoor Athletics 0 168,211 168,211 - 8.2% Permits 72,100 0 (72,100) -100.0% 0.0% School-Based Programs 490,869 0 (490,869) -100.0% 0.0% Soule Center 0 537,946 537,946 - 26.2% Soule Gym 0 22,325 22,325 - 1.1% Summer Camp 281,190 0 (281,190) -100.0% 0.0% Tappan Facility 0 126,207 126,207 - 6.1% Teen Programs 51,500 0 (51,500) -100.0% 0.0% Tennis/Open Basketball Programs 82,400 0 (82,400) -100.0% 0.0% Youth Programs 242,050 0 (242,050) -100.0% 0.0% TOTAL REVENUE 1,855,040 2,054,280 199,240 10.7%

EXPENDITURES Personnel 1,180,767 1,291,160 110,393 9.3% 62.9% Services 188,206 192,108 3,902 2.1% 9.4% Supplies 135,169 108,073 (27,097) -20.0% 5.3% Other 41,135 40,338 (797) -1.9% 2.0% Utilities 28,689 120,321 91,631 319.4% 5.9% Capital Outlay 23,870 6,369 (17,501) -73.3% 0.3% Benefits / Other 257,205 295,912 38,707 15.0% 14.4% 32 TOTAL EXPENDITURE 1,855,040 2,054,280 199,239 10.7% BALANCE 0 00

In Board of Selectmen February 15, 2011 Page 27 of 40

RECREATION – COST RECOVERY

GENERAL FUND BUDGETS Recreation Impact on Category of Expenditure Revolving Fund Recreation Building Public Works General Fund Rec Facilities Electricity 53,940 (53,940) (53,940) Rec Facilities Natural Gas 14,052 (14,052) (14,052) Swimming pool Electricity 64,590 (64,590) 0 Swimming pool Natural Gas 39,900 (39,900) 0 Skating Rink Personnel 41,997 (41,997) (41,997) Skating Rink R&M 8,500 (8,500) (8,500) Skating Rink Supplies 1,500 (1,500) (1,500) Services/Supplies/Other (67,637) 67,637 67,637

TOTAL 52,352 104,135 (104,490) (51,997) (52,352)

33

RECREATION – COST RECOVERY

ACTUAL BUDGET REQUEST REVENUES FY2010 FY2011 FY2012 General Fund 0 0 0 Revolving Fund 1,828,737 1,855,041 2,054,280 Golf Enterprise Fund 1,132,976 1,266,200 1,204,000 TOTAL 2,961,713 3,121,241 3,258,280

EXPENDITURES General Fund 905,021 943,849 992,259 General Fund Benefits (est.) 215,647 212,628 225,045 Revolving Fund 1,731,011 1,855,041 2,054,280 Golf Enterprise Fund 1,160,829 1,266,200 1,204,000 TOTAL 4,012,507 4,277,718 4,475,584

Cost Recovery 73.8% 73.0% 72.8% General Fund Subsidy 26.2% 27.0% 27.2%

34

In Board of Selectmen February 15, 2011 Page 28 of 40

RECREATION – COST RECOVERY

REC DEPT'S GEN FUND APPROPRIATION HISTORY

$1,400,000

$1,300,000

$1,200,000

$1,100,000

$1,000,000

$900,000

$800,000 FY93 FY94 FY95 FY96 FY97 FY98 FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12

• Increase of just $75K (8%) over a 20-yr period • Due to shifting more costs to the Revolving Fund (fees) 35

CAPITAL IMPROVEMENT PROGRAM

† Developed within the parameters of the Board of Selectmen’s CIP Policies

† At full funding (5.5%)

† Calls for an investment of $157.4 million over the next six years, for an average of $26.2 million/yr

† $4.4 million of Free Cash is used to support the CIP in FY12

† 2008 Override included $750K for streets / sidewalks. These funds increased 2.5% each year of the CIP ($808K in FY12)

† Recommending $50K/yr from the increase in Parking Meter rates be dedicated to the CIP for Commercial Area Improvement program

† Financing plan includes $41M of outside funding sources „ $3.25 million from the sale of the Town-owned Fisher Hill Reservoir to be used to fund the construction of a playing field on the State-owned site 36 „ $37 million in State / Federal grants (mostly MSBA)

In Board of Selectmen February 15, 2011 Page 29 of 40

MAJOR CIP PROJECTS

† Devotion School Rehab - $50 million of Town funding plus the possibility of $26 million of State funding (FY14-FY15) † Heath School Rehab - $5.25 million of Town funding plus $3.25 million of State funding (FY12) † Newton St. Landfill (Rear Landfill Closure) - $4.6 million (FY15) † Village Square - $4.5 million (FY13) - - all outside funding † Fire Station Renovations - $3.3 million (all fiscal years) † Fisher Hill Reservoir Re-Use - $3.25 million (FY14) - - all outside funding † Waldstein Playground & Warren Field - $2.1 million (FY12-FY13) † Baldwin School - $2 million (FY14-FY15) † Driscoll School HVAC - $1.65 million (FY16-FY17) † UAB - $1.4 million (FY12-FY13)

† Brookline Reservoir Park - $1.4 million (FY16) 37 † Pierce School - $1.1 million (FY12-FY14)

CIP FUNDING SUMMARY

2012 2013 2014 2015 2016 2017 5.5% Policy 10,321,062 10,701,948 11,005,282 11,350,155 11,769,159 12,171,768 Net‐Debt * 8,613,482 8,821,366 8,771,069 8,374,169 8,816,518 10,933,630 % of Prior Yr Net Rev 4.59% 4.53% 4.38% 4.06% 4.12% 4.94% Pay‐as‐you‐Go 1,707,580 1,880,582 2,234,212 2,975,986 2,952,640 1,238,137 % of Prior Yr Net Rev 0.91% 0.97% 1.12% 1.44% 1.38% 0.56% 2008 Override Funds 807,668 827,860 848,556 869,770 891,514 913,802 Free Cash 4,413,752 3,145,144 3,139,269 3,093,320 3,023,810 3,021,623 Parking Meter Receipts 50,000 50,000 50,000 50,000 50,000 50,000

TOTAL 15,592,483 14,724,952 15,043,107 15,363,245 15,734,483 16,157,193

* Defined as General Fund debt less debt supported by a debt exclusion. 38

In Board of Selectmen February 15, 2011 Page 30 of 40

FUTURE REVENUE & EXPENDITURE GROWTH

PROJECTED ANNUAL GROWTH 5%

4%

3% PROJECTED CUMULATIVE GROWTH 2% 20%

1% 16.0% 15% 0% 12.9% 2013 2014 2015 2016 10% 4.7% Annual Growth in Revenue Annual Growth in Expenditures 5% 3.1% 0% 2013 2014 2015 2016

Cumulative Growth in Revenue Cumulative Growth in Expenditures

39

2012 2013 2014 2015 2016 REVENUE Property Taxes 163,159,994 169,352,134 174,767,159 181,890,118 188,691,611 Local Receipts 20,525,792 21,090,551 21,217,964 21,446,626 21,696,194 State Aid 13,302,525 12,662,016 12,956,163 13,257,664 13,566,702 Other Available Funds 6,218,966 6,334,277 6,430,656 6,562,445 6,693,799 Free Cash 5,380,264 3,750,000 3,750,000 3,750,000 3,750,000 TOTAL REVENUE 208,587,542 213,188,978 219,121,943 226,906,852 234,398,307

$$ Increase 7,544,902 4,601,436 5,932,964 7,784,910 7,491,454 % Increase 3.8% 2.2% 2.8% 3.6% 3.3% 0

EXP ENDITURES Departmental 62,503,477 63,884,120 65,360,716 66,910,915 68,477,368 Coll. Barg. / Unfunded Liabilities- Town 700,000 940,000 950,000 960,000 970,000 Schools 74,740,587 76,490,587 79,440,587 82,451,587 85,471,587 Coll. Barg. / Unfunded Liabilities- School 0 1,200,000 1,211,000 1,220,000 1,231,000 Non-Departmental - Benefits 42,894,268 47,384,707 50,872,423 54,164,734 57,384,821 Non-Departmental - General 952,643 587,882 594,726 640,485 707,200 Non-Departmental - Debt Service 10,404,420 10,512,174 9,943,869 9,528,569 9,952,518 Non-Departmental - Reserve Fund 1,877,151 1,945,809 2,000,960 2,063,665 2,139,847 Special Appropriations 6,979,000 5,903,586 6,272,038 6,989,076 6,917,964 Non-Appropriated 7,535,997 7,712,141 7,892,688 8,077,749 8,267,437 TOTAL EXPENDITURES 208,587,542 216,561,006 224,539,007 233,006,779 241,519,744

$$ Increase (1,180,804) 7,973,463 7,978,001 8,467,772 8,512,965 % Increase -0.6% 3.8% 3.7% 3.8% 3.7% 0

CUMULATIVE SURPLUS/(DEFICIT) 0 (3,372,027) (5,417,064) (6,099,927) (7,121,437) DEFICIT AS A % OF OP REV 0.0% -1.6% -2.5% -2.7% -3.1%

Surplus / (Deficit) Prior to Collective Bargaining 700,000 (1,232,027) (3,256,064) (3,919,927) (4,920,437)

Town Share of Surplus / (Deficit) 700,000 (429,164) (973,577) (790,178) (782,539) Town Collective Bargaining 700,000 940,000 950,000 960,000 970,000 Total Town Surplus / (Deficit) 0 (1,369,164) (1,923,577) (1,750,178) (1,752,539)

School Share of Surplus / (Deficit) 0 (802,863) (2,282,487) (3,129,749) (4,137,898) School Collective Bargaining 0 1,200,000 1,211,000 1,220,000 1,231,00040 Total School Surplus / (Deficit) 0 (2,002,863) (3,493,487) (4,349,749) (5,368,898)

Acting Chair Daly stated that the parking meter allocation appears to be several times over. Is it split between public safety and public works, or allocated to the schools? In Board of Selectmen February 15, 2011 Page 31 of 40

Mr. Cronin replied that of the million dollar increase, $50,000 will go the CIP and 75% of the remaining $950,000, will go to the schools, and $250,000 will go to the Town. Under the statute for parking meters, it has to be a standalone special revenue fund; it can’t go into the general fund.

Acting Chair Daly asked about the moving of expenses into the revolving fund. Is a reserve being set up? The revolving fund is set up purposely for a category like recreation; if you don’t have revenue you don’t have an expense. Ms. Daly referred to the pool at the High School that has a lot of fixed cost; you are not going to shut down the pool for poor revenue, because the students use it. Mr. Cronin replied that is why there is a general fund subsidy for that. Town Administrator Mel Kleckner added that should there be a catastrophic event at the pool causing it to shut down, they would look at the reserve fund.

Selectman Mermell asked about the house and senate budget which will be out this spring, she is glad to see that an additional 3% cut was factored in for the Governors budget. Is there any indication on what they are going to be proposing? Mr. Kleckner replied that they are getting no indication at this point.

Selectman Mermell asked about any new PILOT agreements that may be coming forth. Director of Finance Steve Cirillo replied that there are several negotiations going on at this time, though none will have a substantial impact on the FY12 budget.

Selectman Mermell asked about the $50,000 allocated to commercial areas from parking revenue. Mr. Kleckner replied that it would be included in the capital improvement plan that is nonrecurring in nature. There is a working group set up that includes members of the commercial district. No agreement has been made yet, but they will be permanent improvements that may include lighting, or sidewalk improvements.

Selectman Goldstein asked about the Town/School Partnership. This budget looks like a variance in this Partnership, if that is the case what could we do to avoid that position in the future. Mr. Kleckner replied that the Town /School Partnership is more than a formula basis in which to allocate revenues from a budgetary point of view. It reduces a lot of miscommunication. It is a method of communicating and cooperating which he finds extremely valuable. The only modification was the parking meter revenue allocated more favorably in the formula. In his opinion the School Department is negatively impacted uniquely in FY12 because of loss in federal stimulus monies, and increasing enrollments. Acting Chair Daly added that if there is new money above the previous year’s budget, or a reduction, it would be shared 50/50 with some exceptions that are allocated based on employee numbers. She hopes that this partnership is not changed. It seems to be a formula that is working for the Town. Selectman Goldstein replied that he understands this, but if there is a deviation that it is acknowledged, and that our policies allow those deviations. Mr. Kleckner replied that he will review the policy again, but it is his understanding that modifications are anticipated year to year. In Board of Selectmen February 15, 2011 Page 32 of 40

Selectman Goldstein asked about the CIP and the allocation of $1.7 million dollars.

Mr. Cronin replied that this started with an accounting change. The Town faced an issue when building the FY12 budget where an accounting change associated with a pre- payment for Health Insurance inflated the amount of Free Cash available for FY12. Current policies allow for this amount to be spent, but the Town Administrator is recommending restraint so that the level of unreserved fund balance does not decline below the 10% of revenue that the rating agencies look for from Aaa communities.

Selectman Benka wanted to ensure that the CIP funding was not declining in FY12.

The Board thanked Mr. Kleckner and Mr. Cronin for an informative and in-depth budget presentation.

There was no vote on this agenda item.

Selectman Goldstein recused himself; the applicant is a client of his firm where he may have a potential stake in the outcome.

PLEDGE OF LIQUOR LICENSE

The Board considered the question of approving the application of The Upper Crust Commonwealth Avenue, LLC d/b/a The Upper Crust-Commonwealth Avenue, Jordan S. Tobins, President, holder of a Wine and Malt beverages license as a Common Victualler at 888 Commonwealth Avenue for a Pledge of said license to TD Bank N.A.

Attorney Jeffrey Blum stated that this is for a petition for a pledge of a liquor license in connection with completed financing with TD Bank. TD Bank required this pledge for financing. The Upper Crust holds a wine and malt beverage license for this location.

Selectman Mermell stated that she is concerned about the various investigations that are ongoing regarding this establishment which has two locations in Brookline. She has been advised that she cannot factor that in any decisions at this point, but she will be watching it with a keen eye. Selectmen Benka added that this view is shared by other Board members as well.

On motion it was unanimously,

VOTED: To approve the application of The Upper Crust Commonwealth Avenue, LLC d/b/a/ The Upper Crust-Commonwealth Avenue, Jordan S. Tobins, President, holder of a Wine and Malt beverages license as a Common Victualler at 888 Commonwealth Avenue for a Pledge of said license to TD Bank N.A. In Board of Selectmen February 15, 2011 Page 33 of 40

Selectman Goldstein recused himself; the applicant is a client of his firm where he may have a potential stake in the outcome.

PLEDGE OF LIQUOR LICENSE

The Board considered the question of approving the application of Koto Japanese, Inc., d/b/a Osaka Japanese Sushi & Steak House, Jianping Zheng and Dingzhi Chen, holder of an All Kinds of Alcoholic beverages license as a Common Victualler at 14 Green Street, for a Pledge of said license to Brookline Bank.

Attorney Scott Gladstone stated that this pledge of the liquor license is required by Brookline Bank.

On motion it was unanimously,

VOTED: To approve the application of Koto Japanese, Inc., d/b/a Osaka Japanese Sushi & Steak House, Jianping Zheng and Dingzhi Chen, holder of an All Kinds of Alcoholic beverages license as a Common Victualler at 14 Green Street, for a Pledge of said license to Brookline Bank.

Selectmen Goldstein returned

COMMON VICTUALLER – CHANGE IN HOURS

The Board considered the question of approving the application of Berry Freeze d/b/a Berry Freeze, Paul Cheung, Owner, holder of a Common Victualler and Entertainment license at 273 Harvard Street for a change in hours as follows:

From: Sun-Thurs 11am-10pm Fri-Sat 11am-12M

To: Sun-Sat 11am-11pm

Applicant Paul Cheung stated that the existing hours are causing some confusion with his patrons. He would like to have them in uniform.

On motion it was unanimously,

VOTED: To approve the application of Berry Freeze d/b/a Berry Freeze, Paul Cheung, Owner, holder of a Common Victualler and Entertainment license at 273 Harvard Street for a change in hours as follows:

From: Sun-Thurs 11am-10pm In Board of Selectmen February 15, 2011 Page 34 of 40

Fri-Sat 11am-12M

To: Sun-Sat 11am-11pm

FOOD VENDOR LICENSE

The Board considered the question of approving the application of Guang Ziang Zhu d/b/a/ Lucky Wah for a Food Vendor license at 1391 Beacon Street.

Andrea Kor, representing the applicant, stated that all the operations will stay the same, only the ownership is changing.

Selectman Goldstein asked about parking for the delivery vehicles. Ms. Kor replied that there are a few spots in the rear of the building. Acting Chair Daly noted that it is a residential area as well and to be mindful of any late night noises.

On motion it was unanimously,

VOTED: To approve the application of Guang Ziang Zhu d/b/a/ Lucky Wah for a Food Vendor license at 1391 Beacon Street.

COMMON VICTUALLER LICENSE

The Board considered the question of approving the application of Brother’s Roast Beef & Pizza, LLC, Melsi Xhengo President for a Common Victualler license at 293 Cypress Street.

Applicant Melsi Xhengo stated the he currently owns four other Brother’s Roast Beef and Pizza, and has been seeking a location in Brookline. All papers are in order. Mr. Xhengo will apply for an entertainment license at a future date.

On motion it was unanimously,

VOTED: To approve the application of Brother’s Roast Beef & Pizza, LLC, Melsi Xhengo President for a Common Victualler license at 293 Cypress Street.

COMMON VICTUALLER LICENSE

The Board considered the question of approving the application of Daoud Tayeh d/b/a Olea Café for a Common Victualler license at 195 Washington Street.

In Board of Selectmen February 15, 2011 Page 35 of 40

a. Question of approving the application of Daoud Tayeh d/b/a Olea Café holder of a Common Victualler license at 195 Washington Street for an Entertainment license to include Radio, TV and Taped Music.

Applicant Daoud Tayeh stated that he will serve healthy Mediterranean food. The closing hours will be later than the current establishment. All papers are in order.

On motion it was unanimously,

VOTED: To approve the application of Daoud Tayeh d/b/a Olea Café for a Common Victualler license at 195 Washington Street.

VOTED: To approve the application of Daoud Tayeh d/b/a Olea Café holder of a Common Victualler license at 195 Washington Street for an Entertainment license to include Radio, TV and Taped Music.

OPEN AIR PARKING SPACE LICENSE

Public Hearing on the application of Carleton Arms Condominium, Linda Olson Pehlke, Trustee for a license to conduct and maintain an Open Air Parking lot with an area of about 600 sq. ft at 36-50 Browne Street for two (2) automobiles.

This agenda item was withdrawn.

INFLAMMABLES LICENSE

Public Hearing on the application of Global Companies LLC, Tom Keefe, Agent for an Inflammables License for the keeping, storage, use and sale of fuel oil in three (3) underground tanks with a total capacity of 32,000 gallons and the tanks of two (2) automobiles and for the keeping storage, use and sale of 100/55 gallon Drum Waste of Anti- Freeze and 300 gallons of Waste Oil at 198 Harvard Street.

Steve Charron, Environmental Manager for the applicant, stated that everything will remain the same. Mr. Audy will still be running the businesses, Global Companies LLC is technically the landlord. The station will remain under the Mobil name.

On motion it was unanimously,

VOTED: To approve the application of Global Companies LLC, Tom Keefe, Agent for an Inflammables License for the keeping, storage, use and sale of fuel oil in three (3) underground tanks with a total capacity of 32,000 gallons and the tanks of two (2) In Board of Selectmen February 15, 2011 Page 36 of 40

automobiles and for the keeping storage, use and sale of 100/55 gallon Drum Waste of Anti- Freeze and 300 gallons of Waste Oil at 198 Harvard Street.

INFLAMMABLES LICENSE

Public Hearing on the application of Global Companies LLC, Tom Keefe, Agent for an Inflammables License for the keeping, storage, use and sale of fuel oil in three (3) underground tanks with a total capacity of 28,000 gallons and the tanks of three (3) automobiles and for the keeping storage, use and sale of 300 gallons of Heating Oil, 100/55 gallon Drums of Waste of Anti-Freeze and 300 gallons of Waste Oil at 345 Boylston Street.

On motion it was unanimously,

VOTED: To approve the application of Global Companies LLC, Tom Keefe, Agent for an Inflammables License for the keeping, storage, use and sale of fuel oil in three (3) underground tanks with a total capacity of 28,000 gallons and the tanks of three (3) automobiles and for the keeping storage, use and sale of 300 gallons of Heating Oil, 100/55 gallon Drums of Waste of Anti-Freeze and 300 gallons of Waste Oil at 345 Boylston Street.

LIQUOR – ALL KINDS PACKAGE STORE – TRANSFER

Public Hearing on the application of Glendale Package Store, Inc., d/b/a GPS Wine & Spirits Liquors, Jason Williams, Manager, holder of an All Kinds of Alcoholic Beverages license as a Package Goods Store at 1198 Boylston Street for a transfer of said License to Northeast Package Store, LLC. d/b/a GPS Wine & Spirits, Nicholas Young, President, Manager.

Attorney Adam Barnosky, representing GPS Liquors, stated that the store was originally in Coolidge Corner and was moved to Boylston Street. Prior to the time of the transfer of location, his client had been in negotiations with Nick Young. Since May 2010 they have been working together towards a potential sale of the business. Tom and Jason Williams have agreed to consult and meet with the neighbors and believes it was a positive outcome.

Acting Chair Daly stated that when the transfer of location occurred, his client stated that they would stay at that location for one year. Mr. Barnosky replied that their intention would be to continue to play a part in the business, they are involved in a store in Allston right now which is their main focus at this point.

Selectmen Goldstein stated that when the transfer of location was approved, there were a number of neighborhood issues. Mr. Barnosky replied that the parking was a main issue. They are working with the Met Club on that, and the deliveries which are being coordinated with the Met Club as well.

In Board of Selectmen February 15, 2011 Page 37 of 40

Selectman Benka stated that the minutes of September 21, 2010 indicated that Attorney Allen stated that the applicant plans to transfer the license after some time to get the store running smoothly and properly, in the October 5, 2010 minutes it stated that Mr. Williams was going to transfer the license to an employee, but once these issues came up, he agreed to a one year commitment. He was under the understanding that Mr. Williams will be operating the store for some time; the store has only been open for two or three days.

Attorney Robert Allen representing GPS Liquors stated that they had always intended to transfer the license from Mr. Williams to Mr. Young. He thought it was made clear. When GPS Liquors was in Coolidge Corner Mr. Williams intended to transfer the license, but, at that time the Coolidge Corner landlord decided not to renew the lease. Mr. Williams then looked for a new location. Mr. Williams did not feel that it would have been the right thing to do to have Mr. Young open at that location after some neighborhood meetings brought up some concerns. Mr. Williams wanted to work with the neighbors, and the vendors and to get the store up and running. It was always his intention to continue on as a consultant for a year. Mr. Williams has a store opened in Allston, which the Coolidge Corner landlord offered to him. The Boylston Street location would be his third location, and he does not want to take on three locations. From today the process will take about two months to go through the ABCC. Mr. Williams will still be actively involved from his Allston store.

Selectman Benka added that one of the conditions was a parking contractual agreement. Mr. Allen replied that this has been done. There is no signage in the parking lot due to the bank’s agreement; signage is in the store about parking.

Janice Kahn TMM#15 stated that there needs to be a lot more clarity on this transfer. There needs to be dedicated parking spaces to make this a possibility. She does not recall any neighborhood meetings other than an informal discussion. There has not been a lot of neighborhood conversation on this. It was determined that there would be limited success due to the limited parking there. She thought that Mr. Williams was going to be there at the location to apply his expertise and experience, and to look over this challenging location. She understood that Mr. Williams would be there to see it up and running for a number of months. She urged the Selectmen to ask the petitioner to wait a few months before approving the transfer.

Paula Coelho TMM#15 asked what does it mean that Mr. Williams will be available or active; does that mean he will be on site? Will he be active and committed? The only time she has seen Mr. Young indicated as the owner was when the hearing notice came to her as a Town Meeting member. She believed that the original agreement was going to be a transfer from manager to manager not owner to owner. She has concerns about Mr. Young and his lack of experience in the business.

Regina Frawley TMM#16 asked if Mr. Williams is anxious to get out of the business, why did he hang on to the license, was it for value. The Town has no track record on Mr. Young. She supports the transfer, but agrees that she too is not sure what In Board of Selectmen February 15, 2011 Page 38 of 40

committed/active means. She does want to see the business succeed. She wanted to know what can be done to increase the likelihood of its success.

Ms. Moore, Holly Lane asked if the neighborhood was supposed to be notified of this hearing. Acting Chair Daly replied that the legal notice was in the TAB newspaper. Mr. Allen added that the notification followed the exact instructions. They did go above and beyond by notifying Town Meeting members and those at the previous meeting. Ms. Moore added that there was only one neighborhood meeting and it was the impression that Mr. Williams would be involved. She asked about the parking contract and asked if Mr. Young would be a party to that contract? Attorney Allen replied that GPS is the client and entered into the lease, an assignment of the rights has been transferred from Mr. Williams to Mr. Young. Attorney Allen stated that he would accept a condition to have evidence of the assignment of the lease and the parking.

Mr. Allen stated that there was one neighborhood meeting. His intention was to always make it clear that Mr. Williams did not intend on holding this license for any significant period of time. There were construction issues and other issues going on that made it difficult to pinpoint an exact time when he would be transferring the license. The most difficult part of the business was finding a location, the construction, getting the vendors and getting it opened. Mr. Young has worked with Mr. Williams on this for the past nine months. Mr. Williams will continue to be available on an as needed basis with periodic visits to the store. There has no reason to believe that Mr. Young is an inadequate owner of this store.

Mr. Williams stated that when they looked for the relocation they thought about selling the business to Mr. Young. They have built this location up from zero. The past year he and Mr. Young have been working together, and he has been training Mr. Young on proper procedures of the business. Mr. Williams added that he will have a financial stake in this business for a year after the license is transferred to Mr. Young. It is in his best interest that Mr. Young be successful. He plans on developing a marketing plan and business development. He and his son will be readily available to assist him on all issues. A lot of money has been spent to develop this business and included a lot of thought and care into it. The parking has been a challenge that they have worked on. Mr. Young has committed himself in a strong financial way, he is a hard working young man. Mr. Williams travels around the country doing consulting in the alcoholic beverage industry, he is good at it. It is rare that a transfer applicant gets the opportunity to have someone mentor and guide them in this business, which he is doing.

Acting Chair Daly stated that one of the earlier concerns was that Mr. Williams would be there for the neighbors with concerns; this may not be the case. Mr. Williams replied that part of his consulting agreement is to take care of business matters. Some neighbors have his contact numbers. He will respond to issues that come up in the neighborhood and overall responsibility that’s involved in alcoholic beverage space. He has utilized electronic identification systems in his stores to improve identification control. In Board of Selectmen February 15, 2011 Page 39 of 40

Mr. Young stated that he has been in the retail business for many years. He is good at customer service. He has worked for nine months with GPS Liquors. He plans on being at the premises for many hours a week. He has also been working at Mr. William’s others stores.

Selectman Goldstein asked about the purchase and sale agreement, there is no closing date. He asked what the harm would be to wait a couple of months to get things up and running. Mr. Williams replied if they were just starting now he would agree with him, but for nine months or more they have been working hard together. Selectman Goldstein replied yes, but, in a store that has not opened and has had some opposition. Mr. Williams added that there would be some financial harm for him should he wait a couple of months.

Ms. Moore asked about the sale of lottery tickets. Acting Chair Daly replied that the Board cannot stop the sale of lottery tickets. Mr. Young added that it is not in his future plans.

Selectman Benka stated that he voted against the transfer of location mainly for parking and traffic concerns. He still holds those concerns. Mr. William’s involvement and clout with suppliers gave him some reassurance, but the quick transfer undermines that. He will not be voting for this transfer.

Selectman Mermell stated that she is glad to hear that Mr. William’s financial relationship will continue for awhile. As for the parking, the concerns would apply if the location was a shoe shop, or a hardware store. The only way to avoid this concern is to have this location stay vacant which would not help the public good. She is not convinced that this is an ideal location for them, but that is not their decision to make.

Selectman Goldstein stated that given the sensitivity of this site, and a new owner that he is not sure is properly qualified, he would like offer a continuance for six weeks to then hear an update on the operations of the site. Attorney Allen stated that if the Board is inclined to except a one month extension they would agree to that. A different avenue may be faster, this is a transfer. The goal is to get this done, if thirty days gives you additional comfort they will agree to that.

Acting Chair Daly added that she does not think that this is a great location, but a lot of people come before us for different licenses, and location is not a criterion to our judgment.

Attorney Allen added the process to actually get before the Board takes about two months. The intention was to have the store open the first of the year, and then coming to the Board in February made sense.

The Board will continue this hearing for thirty days. In Board of Selectmen February 15, 2011 Page 40 of 40

There being no further business the Acting Chair adjourned the meeting at 10:25 p.m.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date. 5. resolution 6. memo from Town Clerk to TA/maps w/info from Sec of State 7 financial plan PowerPoint/budget message 8. application docs 9. application docs/copy of pledge 10. application docs 11. application docs 12 application docs/menu 13 application docs/menu/introduction memo 14. application/email to withdraw from applicant to TA 15. application docs 16. application docs 17. application docs/P&S docs 18. minutes of February 8 19. sample letter/memo from GLewis to PParks 20. copy notice odf election 21 . draft RFP/email from Mweinstein to NBlumberg/Tab editorial 22. letter to mgoff from JGudell-Nstar/copy of check 23. application 24. applciaiton

In Board of Selectmen

March 1, 2011 6th Floor Hearing Room Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein

The Minutes of February 15, 2011 were approved as amended (DeWitt abstained)

In Board of Selectmen March 1, 2011 Page 2 of 38

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel.

_X_ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

In Board of Selectmen March 1, 2011 Page 3 of 38

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative: DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen March 1, 2011 Page 4 of 38

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

Town Counsel Jennifer Gilbert announced that Town Counsel’s office will be holding a training seminar: conflict of interest and open meeting law.

Wednesday, March 2, 2011 6:00 p.m. to 9:00 p.m. at Brookline High School Auditorium

SELECTMEN UPDATES

Reports by individual Selectmen on activities related to carrying out the responsibilities of the Board.

Selectman Goldstein attended the HUB Brookline Youth Awards, and congratulated the recipients.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar

Hugh Mattsion, TMM#5 requested that a design review committee be formed and assigned to review a traffic calming report before implementing any traffic calming measures in the Pond Avenue area as required by the Town’s regulations.

ESTOPPEL CERTIFICATE

The Board considered the question of approving and executing a Discharge and Estoppel Certificate in connection with the property at 678 Brookline Avenue.

Town Counsel Jennifer Gilbert stated that the owner of the property at 678 Brookline Avenue is trying to refinance his property. This property was part of the 1972 Urban Marsh Renewal Area. A Land Disposition Agreement was placed on the parcel under the renewal plan. The plan expired in 1992 and there are no records indicating that the Board renewed or extended the term. This parcel was developed in accordance with the terms of the Land Disposition Agreement with no outstanding violation notices or enforcement actions. The Town may now proceed to sign an estoppel certificate to clear any cloud on the title for this property. This was done back in 2007 for a neighboring property under the same circumstances.

In Board of Selectmen March 1, 2011 Page 5 of 38

On motion it was unanimously,

VOTED: To approve and execute a Discharge and Estoppel Certificate in connection with the property at 678 Brookline Avenue.

CHAPTER 90 REIMBURSEMENT

The Board considered the question of approving and executing a Chapter 90 Reimbursement Request and Final Report related to Record Plans for Beacon Street Lighting.

Director of Engineering Peter Ditto stated that this is the final reimbursement request for the Beacon Street Project. It is for electrical and lighting consulting work.

On motion it was unanimously,

VOTED: To approve and execute a Chapter 90 Reimbursement Request and Final Report related to Record Plans for Beacon Street Lighting in the amount of $2,528.56.

MWRA MEMORANDUM OF UNDERSTANDING

The Board considered the question of approving and executing Amendment No. 2 in the amount of $22,919,000.00 in connection with the MWRA Memorandum of Understanding and Financial Assistance Agreement for the Implementation of CSO Control Projects dated July 18, 2006.

Director of Engineering Peter Ditto stated that the MWRA has approved the increase to the agreement with the MWRA for the Sewer Separation Project at lower Beacon Street.

Selectman Benka noted that the staging area will be discussed to address his concerns with its location, to ensure that impact on the lower Beacon commercial area is minimized.

On motion it was unanimously,

VOTED: To approve and execute Amendment No. 2 in the amount of $22,919,000.00 in connection with the MWRA Memorandum of Understanding and Financial Assistance Agreement for the Implementation of CSO Control Projects dated July 18, 2006. In Board of Selectmen March 1, 2011 Page 6 of 38

CHANGE ORDER

The Board considered the question of approving Change Order #2 in the amount of $2,280 for work to be completed by P.J. Spillane Co. in connection with Library Garage Repairs. Said change order to be funded from account 2594C164 6B0079.

Program Administrator Tony Guigli stated that this change order is for additional mix for concrete used for the flooring in the garage at Town Hall and Main Library.

On motion it was unanimously,

VOTED: To approve Change Order #2 in the amount of $2,280 for work to be completed by P.J. Spillane Co. in connection with Library Garage Repairs. Said change order to be funded from account 2594C164 6B0079.

AMENDMENTS

The Board considered the question of approving the following Contract Amendments in connection with the Town Hall Garage Repairs Phase 2 (Amphitheater at Pierce):

Amendment #2 $5,200.00 Desman Associates (Survey)

Amendment #3 $5,000.00 Desman Associates (MAAB Variance)

Program Administrator Tony Guigli stated that Amendment #1 is for a survey needed to lay out the area properly to identify placement such as structure, and drainage locations at the Pierce School’s Amphitheatre. The Amendment #2 is for preparation of the MAAB (Massachusetts Architectural Access Board) variance application for the Pierce School’s Amphitheatre project.

Selectman Goldstein asked if there were any more change orders anticipated with this project. Mr. Guigli replied not with the design portion; they will not know until they start digging in regards to the overall project.

On motion it was unanimously, In Board of Selectmen March 1, 2011 Page 7 of 38

VOTED: To approve the following Contract Amendments in connection with the Town Hall Garage Repairs Phase 2 (Amphitheater at Pierce):

Amendment #2 $5,200.00 Desman Associates (Survey)

Amendment #3 $5,000.00 Desman Associates (MAAB Variance)

APPROPRIATION TRANSFER

The Board considered the question of approving and executing the following appropriation transfer within the Fire Department budget:

From: Firefighting (Uniforms) $23,965.71 22002020 539035 To: Fire MV Equipment/Maint. $23,965.71 22002050 522070

Chief Skerry stated that recently a number of trucks have been out of service due to repair issues. They are in good shape now with the exception of one spare vehicle. This has caused some stress on the maintenance account.

The clothing account has not been touched this past year because there were no new employees.

On motion it was unanimously,

VOTED: To approve and execute the following appropriation transfer within the Fire Department budget:

From: Firefighting (Uniforms) $23,965.71 22002020 539035 To: Fire MV Equipment/Maint. $23,965.71 22002050 522070

Chairman DeWitt took the opportunity to acknowledge the Chief’s retirement announcement. The Board expressed their thanks and appreciation for his service to the Town. In Board of Selectmen March 1, 2011 Page 8 of 38

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to the Cathedral Philoptochos in connection with a Book Signing to be held on March 5, 2011 from 7:30pm – 11pm at 162 Goddard Avenue.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to the Cathedral Philoptochos in connection with a Book Signing to be held on March 5, 2011 from 7:30pm – 11pm at 162 Goddard Avenue.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to the Brookline Senior Center in connection with a Fundraiser to be held on March 23, 2011 from 4pm-6pm at the Senior Center, 93 Winchester Street.

Director of the Council on Aging Ruthann Dobek stated that this is a fundraiser for local food programs. It has been a successful fundraiser in the past and she hopes it will be again this year.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to the Brookline Senior Center in connection with a Fundraiser to be held on March 23, 2011 from 4pm- 6pm at the Senior Center, 93 Winchester Street.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to Boston University (Lifelong Learning) in connection with a Reception to be held on March 7, 2011 from 6pm - 9pm at 808 Commonwealth Avenue.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to Boston University (Lifelong Learning) in connection with a Reception to be held on March 7, 2011 from 6pm - 9pm at 808 Commonwealth Avenue.

In Board of Selectmen March 1, 2011 Page 9 of 38

LIBRARY PERSONNEL

The Board considered the question of authorizing the filling of a vacancy in the position of Librarian III (K-3) in the Library Department.

Library Director Chuck Flaherty stated that this position became available due to a recent retirement. It is an important position of overseeing children’s services within the libraries.

On motion it was unanimously,

VOTED: To authorize the filling of a vacancy in the position of Librarian III (K-3) in the Library Department.

BROOKLINE COMMUNITY AGING NETWORK

Council on Aging Director Ruthann Dobek appeared to discuss the new Brookline Community Aging Network (BCAN) initiative.

Council on Aging Director Ruthann Dobek outlined the BCAN program for the Board:

B-CAN is an unique collaboration among the Brookline Council on Aging, residents and organizations of the Town. Our goal is to make Brookline better to enable Brookline residents to stay in their homes and remain fully engaged in the life of the community.

For $25 a year, you can be a charter member of this exciting organization devoted to helping seniors age well at home. B-CAN, is a membership‐supported organization that offers its services and programs to the public (in the case of B-CAN, the public is the Brookline Senior Community) but provides some special programs to members. The programs and activities formerly sponsored by the Brookline Aging Collaborative will merge into B‐CAN’s educational programming.

The Board supports this program, and feels it will be a positive addition to the community.

NOISE BYLAW WAIVER

The Board considered the question of granting a permit for exemption from the Noise By-Law pursuant to Article 8.15.7 of the Town By-Laws as requested by New Atlantic Development relative to work for the Fisher Hill/Olmstead Project. In Board of Selectmen March 1, 2011 Page 10 of 38

Peter Roth, President of Olmstead Hill, LLC, outlined the construction work with a presentation for the Board. He has reviewed the construction management plan with the engineering department, and held two meetings with neighbors. The construction consists of breaking up concrete to crush the material which will be a noisy process. There will be frequent trucks to the site up approximately 80 trucks per day. The plan is to open up the reservoirs and fill them in properly. There is little they can do to deflate the noise levels, especially at the Longyear Estate buildings. The noise level is expected to be at 90-100 levels (dBA) which will come mainly from the concrete crusher. The Town’s Noise By-laws for this type of construction is set at 90 dBA which is why the waiver is being sought. The plan expects 3 ½ weeks into demolition and 5-6 weeks to import the fill. Mr. Roth added that this was included in the 2003 procedure outlay in the early planning stage. They could erect a plywood barrier around the crusher, which could mitigate up to 10 dBA. These processes have a fixed duration and if you limit the time allocated, it would push the project out into days or weeks. Right now the work is anticipated 8-4:30, or 9-5:30 Monday through Friday.

Selectman Daly asked if the materials could be taken off site to crush. Mr. Roth replied that it would increase the truck activity to about 200 trucks going through the streets, plus the cost would be fairly significant. Noise would still be a factor.

Selectman Benka asked why the materials need to be crushed. Mr. Roth replied that it is required to have a solid foundation for the project. Otherwise there will be some problems with the foundation down the road.

Selectman Mermell asked about the sound barrier; why only on one side. Mr. Roth replied that they could experiment with that, the concern is that the machines need a good amount of clearance to move around.

Selectman Goldstein thanked Mr. Roth for dealing with this now, before the construction gets started. The notice stated 7am-7pm. Mr. Roth replied that that is the hours in the By-law, he anticipates an eight hour workday. Selectman Goldstein asked if two machines could do the work allowing shorter work days. Mr. Roth replied that that would be a safety issue for the machine operators.

Selectman Benka questioned regarding sound barriers. He thinks that there could be more done in this area. The machines do not move around that much. He would like to see some options on this. Mr. Roth added that once the cap is demolished there is no surface to support the other half. Theoretically they could erect a sound barrier, but it is not a simple undertaking.

Building Commissioner Mike Shepard stated that this is a long arduous process. This is the nastiest, dirtiest, loudest part of the project. There is no good way to do this; the best way is to get it over with as quick as possible. He recommended an acoustical engineer to come out and take a look at the site. In Board of Selectmen March 1, 2011 Page 11 of 38

The Board expressed concern about the constant sound that will take place all day.

Attorney Mike Merrill, representing the Longyear Estates trustees, stated that this is an unrelenting problem that will consist of 5-6 weeks unrelenting noise. This is a for profit developer who should look into something to do to lessen the noise. There has been no plan presented on their efforts to address the noise level. He asked for more information from the developer.

Selectman Benka would like to hear what the preference of the hours would be from the residents, if reduced hours on each day would cause the project to last longer. He added that it is in everyone’s interest for this to get done before the weather warms up and windows are opened for fresh air.

Mr. Roth stated that they are for profit, but working on a fixed fee as agreed with the Town. Any additional cost would be incurred when the project costs goes up, taxpayers cost will go up and the affordable housing amounts will be reduced.

The Chair took public comment:

Patricia Black, Longyear resident stated that her unit is directly ten feet from the project. There will be a mound of dirt outside her window. She hopes that the work will not be a full day; she would like some time to enjoy the outdoors during the day. She is also concerned about the vibrations from the work, and how they will affect the inside of her unit and if items will need to be protected.

Mariam Smulow, Boylston Street stated that her driveway is in the direct route that the trucks will be passing, this would most likely cause a traffic problem in the area. She would like to see the hours of operation from 9 am to 3pm - or 4pm. She also favors an acoustic engineer to come in to assess the area.

Julie Swartz, Fisher Ave has three young children and is very concerned about the distraction to her children. She is also concerned about trucks blocking her driveway.

Stuart Orkin, Longyear resident, is concerned about damage to ones hearing with the estimated dBA’s.

Pam Lodish, Fisher Avenue, speaking on behalf of Gil Fishman as well, stated that previously residents thought that the reservoirs would remain a permanent Town owned parcel. She would like to see the work done within reasonable hours.

Gil Daniels, Longyear resident, asked why this was not brought to the Board earlier. His concerns are that the developer offered to video graph their properties which indicates possible damage, and how will this affect Newbury College. A shorter workday is preferred. In Board of Selectmen March 1, 2011 Page 12 of 38

Lauri Union, Hayden Rd is concerned because she has four young children. She is concerned about any mental impact the severe noise may cause, and the risk of structural damage. She prefers the work hours of 9-3, and would like more information gathered before any decision on the waiver is made.

AJ Kassenaar, Fisher Avenue is concerned about the truck traffic in front of her driveway. She hopes there will be some traffic management put into place. She prefers that the working hours not be before 9am.

Harry Friedman TMM#14 requested that residents be given all the contact phone numbers, and that rodent control be put in place.

Paul Martin, representing Newbury College stated that a later start time would be better for their resident students. He prefers an after 8 am start time.

Selectman Goldstein stated that he also is a resident of the neighborhood and personally prefers an after 9am start time. He added that these reservoirs have to go one way or another; they are a liability to the Town, and it needs to be addressed. He mentioned that there was a lot of criticism about the Longyear Estates when they were being built too, that project had a developer that did not listen to the residents.

Selectman Mermell asked for a month by month schedule of the project be provided, it would be helpful, especially if it indicated how much time would be added to the work if a shorter work day were implemented.

Selectman Daly asked the developer to hire a noise engineer and find ways to mitigate the effects of this work.

The Board did not vote on this agenda item pending additional information on the noise level controls.

OLMSTED HILL DEVELOPMENT/FISHER HILL PROJECT

The Board considered the question of executing the Deeds, Restrictive Covenant and Development Escrow Agreement for the transfer of certain town-owned lots in connection with the “Olmsted Hill Development/ Fisher Hill Project

Town Counsel Jennifer Gilbert stated that several documents need to be executed in order to move forward with the project. Included are four deeds for lots 1-4. On the single family lots, each lot will be developed as a single family residence or accessory usage with landscaping requirements. In Board of Selectmen March 1, 2011 Page 13 of 38

Selectman Daly stated that they are conveying the properties to Mr. Roth’s LLC. The Town will transfer the deeds to the developer who will sell them to the lot buyers.

Selectman Benka asked whether any of the parcels overlapped the underground reservoir. Mr. Roth stated that there was a small overlap, but there would be sufficient time to remove the reservoir after conveying the parcels to the buyers.

On motion it was unanimously,

VOTED: To execute the Deeds, Restrictive Covenant and Development Escrow Agreement for the transfer of certain town-owned lots in connection with the “Olmsted Hill Development/ Fisher Hill Project of lots 1,2,3,4., and to authorize Planning and Community Development Director Jeff Levine to sign the development escrow agreement on behalf of the Board of Selectmen.

FY2012 FINANCIAL PLAN

Review of the following FY2012 Departmental budgets:

Advisory Committee Town Clerk Information Technology Finance Department Selectmen

Advisory Committee

Advisory Committee Chair Harry Bohrs stated that their budget is relatively small. The overall budget reflects a decrease of $15.00. The Advisory Committee has one part- time assistant for staff.

Selectmen

Town Administrator Mel Kleckner stated that their objectives are important and ambitious. There is a decrease in personnel due to staff reduction. The part-time position will be downgraded and not included any benefits. The office has a senior work-off abatement worker who is very helpful in scanning older meeting minutes for easy access. The office also has a graduate intern working on projects at no cost.

Town Clerk

Town Clerk, Pat Ward stated that their budget reflects an overall decrease due to one less election coming up. Personnel decreases overall due to the election workers. A In Board of Selectmen March 1, 2011 Page 14 of 38

vacant C-4 position has been upgraded to a C-8 which resulted in a net savings to the Town overall, stemming from the switch in the Selectmen’s office.

Selectman Goldstein asked if the green-dog fees are collected by his office staff. Mr. Ward replied that the Park Ranger is assisting in the collection of the fees. The program has been successful, and there is more work for the staff, but nothing they can’t handle.

Selectman Mermell asked about the rate of return on the census forms. It did not make the projected percentage of return in 2010. Pat Ward replied that there was some confusion with the US census last year. If one fails to respond to the Town census, they will be inactivated for elections. An additional form will be required to vote.

Information Technology

Chief Information Officer Kevin Stokes stated that the budget reflects an overall increase of 0.8% primarily due to personnel step increases. This past year had some exciting accomplishments that included the launch of the mobile.brooklineMa.gov website, introduction of credit card payment devices, and new permit and payroll applications. The information technology department will continue to develop integrated mobile applications that save time and increase efficiency.

Selectman Mermell stated that there are countless applications for civic issues. Mr. Stokes replied that they have the data needed; they just have to find someone to build it locally. Selectman Mermell added that reporting, bill paying, response time and transparency are just some of the interactions that can be developed for the community. Mr. Stokes replied that they are working on it.

Finance Department

Director of Finance Steve Cirillo stated that the budget reflects an increase of $1,404.00. This is mainly due to the increase in services for banking fees, and software maintenance fees. This is offset by the elimination of a vacant position in the Comptroller’s office. Mr. Cirillo plans to shift the support staff as needed and bring in contractual support on an as needed basis.

Comptroller Judy Haupin stated that the Comptroller’s office has upgraded their main software system allowing more information available and is user friendly.

Chief Procurement Officer Dave Geanakakis stated that the Purchasing department has been working with other affiliates to increase sales volumes and receive better pricing. It has been working out well for both parties so far, in particular, affiliates in the Town’s PILOT program. In Board of Selectmen March 1, 2011 Page 15 of 38

Chief Assessor Gary McCabe stated that the Assessor’s Department is working to complete a town-wide property revaluation and Department of Revenue assessment certification review. So far it is heading in the right direction.

Selectman Goldstein asked if the Finance Department will have a paperless system in place. Mr. Cirillo replied that they are working on that, the excise taxes are starting to go paperless, he hopes that real estate taxes will follow.

2010 YEAR END CRIME STATS/CIMS STATS

Chief Daniel O’Leary appeared to present the 2010 Year End Crime Stats and Critical Infrastructure Monitoring System (Camera System) Stats.

Brookline Police Department

Annual Reports

March 2011

In Board of Selectmen March 1, 2011 Page 16 of 38

Topics Covered

z 2010 Part A Crimes z 2010 Race/Gender Report z CIMS Camera Report z Loud Party/Nuisance By Law Update

2010 Part A Crimes

z During 2010, there was a total of 1,045 Part A Crimes.

z Up 8% from 2009 when 972 Part A Crimes were reported.

z Crime this year was up (or unchanged) in all of the 7 categories of Part A crimes when compared to 2009.

z 34% clearance of Part A crimes & attempts reported in 2010.

In Board of Selectmen March 1, 2011 Page 17 of 38

2500 2249 Total Part A Crimes

1966 2000 1909 1714 1529 1500 1361 1324 1332 1307 1293 1244 1216 1155 1133 1166 1045 972 1000

500

0 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10

Crime in Brookline in 2010 has risen by 8% from 2009 but it is still lower than any other year dating back to the early 90s. In fact, in 2010, crime was less than half of what it was in 1994.

2010 Year End Crime

z Crime is unchanged in 2 of the 7 Part A Crime categories: – Murder (no change) – Robbery (no change)

z Crime is up in 5 categories – Rape (up 1) – Assault (up 7%) – Burglary (up 44%) – Larceny (up 2%) – Motor Vehicle Theft (up 5%)

In Board of Selectmen March 1, 2011 Page 18 of 38

900 Part A Crime - Year to Year Comparison 800 700 600 500 400 300 200 100 0 Murder Rape Robbery Assault Burglary Larceny MV Theft 2008 0 9 31 168 165 768 25 2009 0 4 27 180 99 641 21 2010 0 5 27 192 143 654 22

Murder

z There were no murders in 2010. – Last murder was in 2006 at 501 Boylston St. – There have been 2 attempts this year.

In Board of Selectmen March 1, 2011 Page 19 of 38

Rape

z 5 rapes reported in 2010 – One took place at hospital between two female patients – One involved a women coerced by two men into prostitution to raise drug money – One patient forcibly fondled a female patient and then coerced her into having sex with another male patient – One took place between a male and female patient – One was a case of statutory rape z 100% cleared z Arrest (5) and court action z 1 attempted rape reported – Unwanted sexual advances of an ex-boyfriend. z Resulted in arrest

3 Year Rape Trend

Rape

4

3

2

1

0 Jan Feb Mar April May Jun Jul Aug Sep Oct Nov Dec 2008 003010000110 2009 000000012010 2010 010000101200

In Board of Selectmen March 1, 2011 Page 20 of 38

Robbery 27 robberies in 2010. z 44% cleared – 15 cases remain active, 12 resulted in arrests or court action z There were also 5 attempted robberies during this time period. – 3 remain active and 2 resulted in an arrest. z Of the total 27 robberies and five attempts: – 5 involved firearm, 5 involved a knife and 22 were strong-arm/unarmed. z 22 occurred on the street, 5 at banks 4 at residences and 1 at a commercial business.

3 Year Robbery Trend

7 6 5 4 3 2 1 0 Jan Feb Mar April May Jun Jul Aug Sep Oct Nov Dec 2008 632040010234 2009 212252011154 2010 112311105336

In Board of Selectmen March 1, 2011 Page 21 of 38

Assaults

z Up 7% z 192 assaults reported in 2010, up from 180 reported in 2009. z 71 (37%) were domestic/family violence situations and all of these cases have been cleared through arrest or court action z 92% of all assaults were cleared by arrest or court action

3 Year Assault Trend

30 25 20

15 10 5 0 Jan Feb Mar April May Jun Jul Aug Sep Oct Nov Dec 2008 18 13 14 20 12 16 10 14 10 10 9 18 2009 19 21 15 19 15 11 17 16 8 15 17 14 2010 219 18252111151316121218

In Board of Selectmen March 1, 2011 Page 22 of 38

Burglary z Up 44% z 143 in of 2010 vs. 99 in 2009 – There were also 22 attempted burglaries in 2010 z 73% (104) were of residences and 27% (39) were of nonresidential properties: schools, offices and commercial spaces z 38% cleared – 89 remain active (62%), 16 resulted in arrest or court action (25%) and 18 were cleared exceptionally (13%).

2 Year Residential Burg Trend

20 Residential Burglary 18 16 14 12 10 8 6 4 2 0 Jan Feb Mar April May Jun Jul Aug Sep Oct Nov Dec 2009 587983893235 2010 4 6 8 111019101113128 2

In Board of Selectmen March 1, 2011 Page 23 of 38

Larceny z Up 2% z 654 reported in 2010 vs. 641 in 2009 z 24% cleared by arrest, court action, referral or cleared exceptionally.

Larcenies by Type

Building Wallet/ 30% Purse 2% Fraud / Forgery Shoplifting 3% 14%

Packages Bike 5% 12%

Other Larceny Auto 2% from MV Accessorie 25% s 7%

In Board of Selectmen March 1, 2011 Page 24 of 38

Motor Vehicle Thefts

z Up 5% z 22 MV thefts 2010 vs. 21 in 2009 z 23% cleared by arrest, court action or exceptionally. z 10 of the 22 vehicles were recovered z There were also 8 unfounded cases

250 222 Motor Vehicle Thefts 200

150 135 120 113 104 100 92

50 54 44 40 25 21 22 0 99 00 01 02 03 04 05 06 07 08 09 10

In Board of Selectmen March 1, 2011 Page 25 of 38

Clearances

z 34% clearance of 1,045 Part A Crimes – 294 cleared by arrest/court action – 55 cleared exceptionally – 3 cleared by referral z Clearances by Crime Type: z 100% rapes, 44% robberies, 89% assaults, 38% burglaries, 24% larcenies and 23% MV thefts

Part A Crimes by Case Status

700 600 500 400 300 200 100 0 Murder Rape Robbery Assault Burglary Larceny MV Theft

Cleared - Referral 0001020 Active 0 0 15 15 89 500 17 Arres t 0 4 8 110 22 61 1 Cleared - Court Action 0141514513 Cleared - Exceptionally 000018401

In Board of Selectmen March 1, 2011 Page 26 of 38

Other Police Activity in 2010 z There were 709 arrests, up 19% from 596 in 2009 z There were 2,606 FIs conducted, up 87% from 1,394 in 2009. z There were 22,217 moving violations issued, up 34% from 16,595 that were issued in 2009. z In 2010, there were 138,388 parking violations issued for a total of $4.36 million in fines and penalties. This number is up 1.3% from 136,608 parking violations issued during 2009

Police Activity (Cont)

z There were 72,247 police calls entered into the CAD system (including activities such as prisoner processes, services of papers, officer report writing, town building checks and community policing activities and excluding activities such as out of services and reporting in/off duty). – For 2010, calls for service are up 31% from the 55,122 calls in 2009. z There were 19 use of force incidents against humans and none against animals. Use of force incidents are up slightly (5%) from the 18 reported in 2009 and down from the 22 reported in 2008. z There were six motor vehicle pursuits, up from the three reported during in 2009.

In Board of Selectmen March 1, 2011 Page 27 of 38

Race and Gender Interactions

2010 Year End Overview

Review of Four Areas

z Arrests z Field Interviews z Moving Violations z Citizen Complaints

In Board of Selectmen March 1, 2011 Page 28 of 38

Arrests

z Up 19% from 2009 z There were 709 arrests v. 596 made in 2009 z Racial Breakdown of Arrestees for this period: – 46% White – 27% Black – 18% Hispanic – 5% Asian/Pacific Islander – 4% Middle Eastern/East Indian – Less than 1% were Native American/Alaskan Native (1) z Gender Breakdown of Arrestees: – 80% Male – 20% Female

350 Arrestees by Race and Gender

300

250

200

150

100

50

0 Native Asian/ Pacific Middle Eastern/ White Black Hispanic American/ Islander East Indian Alaskan Native Female 68 43 16 7 7 1 Male 258 150 113 26 18 2

In Board of Selectmen March 1, 2011 Page 29 of 38

Field Interviews z Up 87% from 2009 z 2,606 FIs were conducted in 2010 vs. 1,304 in 2009 z Racial Breakdown of persons FId: – 57% White – 17% Black – 13% Hispanic – 3% Asian/Pacific Islander – 3% Middle Eastern/East Indian – Less than 1% Native American/Alaskan Native – 7% Unreported Race z Gender Breakdown of Persons FId: – 72% male – 27% female – 1% unreported

Field Interviews by Gender

Female 28%

1600 Field Interviews by Race/Gender

1400

1200 Male 72%

1000

800

600

400

200

0 Middle Native Asian/ Pacific White Black Hispanic Eastern/ East American/ Unreported Islander Indian Alaskan

Total by Race 1486 446 328 70 78 5 193

In Board of Selectmen March 1, 2011 Page 30 of 38

Moving Violations z Up 34% from 2009 z 22,217 violations were issued in 2010 vs. 16,595 in 2009 z Racial Breakdown of Persons Issued a MV: – 72% White – 12% Black – 7% Asian/Pacific Islander – 6% Hispanic – 3% Middle Eastern/East Indian – Less than 1% Native American/Alaskan Native – Less than 1% not identified by race z Gender Breakdown of Persons Issued MVs: – 58% Male – 42% Female z During 2010, 1 non-inventory search was conducted of the 22,217 motorists issued a violation.

Moving Violations by Gender

18,000 Female 42% 16,045 Moving Violations Issued by Race 16,000 Male 58% 14,000

12,000

10,000

8,000

6,000

4,000 2,587 1,660 2,000 1,244 642 1 38 - White Black Asian/ Hispanic Native Middle Unknown Pacific American/ Eastern/ Islander Native East Indian Alaskan

In Board of Selectmen March 1, 2011 Page 31 of 38

Citizen Complaints

z 26 complaints were filed in 2010 with the Office of Professional Responsibility against a total of 18 patrol officers and 5 against the Department. This is down 4% from the 27 reported during 2009.

z Of the complaints, 45% were against white male officers (13), 21% against black male officers (6), 17% against Brookline Police Department (5), 7% against Asian male officers (2), 7% against Hispanic male officers (2) and 3% against a black female officer (1).

z Of the 26 complainants, 12 were white females, 5 were white males, 2 were black males, 1 Hispanic female, 1 Asian female, 1 black female, 1 Middle Eastern female, 1 Asian Male and 2 were launched by Brookline Police Department.

z Four of the cases were appealed to the Board of Selectmen who upheld the Department’s findings of the complaints being unfounded. In three cases, the Board upheld the Department’s finding of the complaint as being unfounded. In one case, the appeal was withdrawn and mediated.

14 13 BPD Personnel with Complaints 12

10

8 6 6 5

4 22 2 1

0 White M ale Black Male BPD Asian Male His p anic M ale Black Female Officer Officer Officer Officer Officer

In Board of Selectmen March 1, 2011 Page 32 of 38

2010 Year End Report CIMS Camera Reviewed/ Retained Footage Analysis

Review of Recorded and Maintained Footage in 2010 z The BPD recorded and maintained as evidence CIMS footage for 17 incidents: – MV crashes (3), MV Pursuit (2), OUIL Hit/Run, OUIL (6), Burglary, Robberies (2), Stolen MV, Car Break z 3 streams of video were captured for two internal investigations. z 21 streams of footage were captured for the Coolidge Corner Traffic Study over 17 different times/days. z 2 FOIA requests were submitted, totaling 52 video streams. z 6 instances where footage was looked at and no evidentiary value was found and no footage retained: – MV Pursuit, OUIL (2), Boston Marathon, MV Crash, Robbery

In Board of Selectmen March 1, 2011 Page 33 of 38

Overrides of CIMS During Off-Hours

z The following is a breakdown of overrides of the CIMS cameras during Off-Hours: – During 2010, there were 30 SituCon Overrides – Override Initiative by: z 21 were initiated by Scott Wilder, 7 were initiated by Dispatchers, 1 by SituCon and 1 by Smiths Detection – Type of Incident: z Planned Events (5), Kidnapping/Child Abductions (3), Hit and Run MV Crashes (3), Traffic Monitoring (2), Car Breaks (2), Bank Robbery (2), Armed Robbery (2), Snow/Weather Emergency (2) Missing Child (1), Attempted Suicide (1), Suspicious Device (1), Road Rage (1), and Camera System service/reboot/maintenance/ testing (5). – Most Frequent Time of Day to initiate an override: – Between 1300 and 1459 hrs (10 during this two hour period), 0800- 1059hrs (7 during this three hour period) and 1600-1759hrs (5 during this 2 hour period).

Off-Hour Missed Events

z During 2010, there were 60 incidents not captured by the CIMS (due to occurring during off-hours) where it is believed the event could have been captured on camera and the footage may have been valuable to law enforcement. – Most Frequent Time of Day when event was missed:

z 1700-1759hrs (7), 2100-2159hrs (7) and 2000-2059hrs (6)

In Board of Selectmen March 1, 2011 Page 34 of 38

Types of Incidents Missed During Off-Hours z Armed Robbery – 2 z Larceny – 1 z Assault & Battery – 2 z MV Crash – 13 z Bank Robbery – 5 z MV Crash w/Bike – 3 z Car Break – 6 z MV Crash w/Pedestrian – 3 z Child Abduction – 1 z MV Crash Hit & Run – 6 z Disturbance – 1 z MV Crash w/Police – 1 z Drug Possession – 1 z MV Pursuit – 1 z Failure to Stop – 2 z OUIL – 4 z Indecent Exposure – 2 z Robbery – 2 z Kidnapping – 1 z Stolen MV – 3

Nuisance By-Law & Loud Parties September –December 2010

In Board of Selectmen March 1, 2011 Page 35 of 38

Response to Loud Parties

z The Blue View z Dexter Park Outreach z Loud Party Car policy z Meetings with BU z Files kept on “repeat” z Communication with offenders management and property z Nuisance By-Law is owners on Egmont, St granted state approval Paul, Pleasant, Thatcher and Naples. z Call Review on hot spots from year to year z Focus on establishments on Comm Ave re: underage drinking/over serving

September - December 2010

Loud Parties 122 Noise Complaints 267 Nuisance By-Law Citations Issued 88 Total Number Paid 28 (32%) Total Number Appealed 33 (37%) Remainder Outstanding 27 (31%)

In Board of Selectmen March 1, 2011 Page 36 of 38

Breakdowns By Sector

z Sec 1 – 56 Loud Parties, 88 Noise Complaints & 32 Nuisance By Law Citations z Sec 2 – 19 Loud Parties, 57 Noise Complaints & 9 Nuisance By Law Citations z Sec 3 – 14 Loud Parties, 30 Noise Complaints & 12 Nuisance By Law Citations z Sec 4 – 13 Loud Parties, 38 Noise Complaints & 6 Nuisance By Law Citations

Breakdowns by Sector (cont)

z Sec 5 – 17 Loud Parties, 29 Noise Complaints & 12 Nuisance By Law Citations z Sec 6 – 1 Loud Parties, 3 Noise Complaints & 0 Nuisance By Law Citations z Sec 7 – 1 Loud Parties, 8 Noise Complaints & 3 Nuisance By Law Citations z Sec 8 – 0 Loud Parties, 6 Noise Complaints & 0 Nuisance By Law Citations z Sec 9 – 1 Loud Parties, 8 Noise Complaints & 3 Nuisance By Law Citations

In Board of Selectmen March 1, 2011 Page 37 of 38

Overview of Nuisance Calls

z Sectors 1, 2 & 5 received the most complaints. – North side sectors with large number of rentals units z Many citations issued to first time offenders z There have been no repeat offenders receiving Nuisance By-Law Citations z 35 Property Owners have been notified via certified mail that violations have occurred on their property. z Area schools have been notified regarding 20 students who were positively IDd as students.

The Board noted that there have not been many repeat calls on the nuisance By-law.

Chief O’Leary replied that they are tracking the number of calls, they have noticed that the winter season typically gets less calls. They are finding that most of the calls that come in consist of people leaving a residence and getting into cabs or vehicles so when the police arrive they are already gone. There is still an issue in the neighborhoods surrounding Boston University, but the Department will continue working on the noise and party situation there.

The Board acknowledged that although crime is up a little, considering that Brookline is surrounded by Boston our numbers are quite impressive. Also, with the economic climate it is not surprising that some crimes are up, people get desperate.

The Board noted the late hour and requested that the Chief come back at a later date to update the Board on the commendations within the Police Department.

The Board thanked the Chief for the presentation.

There being no further business, the Chair adjourned the meeting at 11:00 p.m.

In Board of Selectmen March 1, 2011 Page 38 of 38

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date.

1.Letter from Town Counsel to BOS 4.email from HMattison to BOS 6. auth to hire form/job description 7. letter from COA to BOS chair/copy of flyer 8. email to BOS from EBlumenthal/letter to BOS from MMerrill/letter to BOS from PRoth/letter to MShepard from LDaniels/letter to BOS from J&S Swartz/ 9. deed copy 10. budget books 11. powerpoint copy 12. Feb 15 BOS meeting minutes 13.letter to BOS from Town Counsel/copy of estoppel certificate 14. letter to BOS Chair from DPW Commissioner/ch90 reimbursement request form 15.letter to BOS from PDitto/copy of amendment #2 agreement 16. email from TGuigli to SCronin/po change forms /letters to TGuilgi from Desman Associates 17. po change forms /letters to TGuilgi from Desman Associates 18. letter to SCronin from AAnsaldi/copy appropriation transfer form 19. application 20. application 21. application

In Board of Selectmen

March 8, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein The Minutes of March 1, 2011 were approved as amended.

In Board of Selectmen March 8, 2011 Page 2 of 18

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel.

X __ __(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

In Board of Selectmen March 8, 2011 Page 3 of 18

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen March 8, 2011 Page 4 of 18

ANNOUNCEMENTS Selectmen to announce recent and/or upcoming Events of Community interest.

Economic Development Director Kara Brewton announced that Brookline will offer walking tours throughout the Town. About twenty organizations are involved including the National Park Service, Friends of Brookline Preservation and the Waterworks Museum. Information can be found at www.brooklinema.gov/walking.

SELECTMEN UPDATES

Reports by individual Selectmen on activities related to carrying out the responsibilities of the Board.

The Historical Society will hold an event at the Main Library on Sunday March 13, 2011 in Hunneman Hall.

South Brookline residents have meet with Hancock Village representatives to discuss the plans for the new developments. It was an informative meeting.

PUBLIC COMMENT Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

GRANT

The Board considered the question of accepting a grant from the Executive Office of Public Safety and Security in the amount of $9,000 in connection with the Senator Charles E. Shannon, Jr. Community Safety Initiative Grant, administered through the State’s Executive Office of Public Safety & Security. To be used to offset police personnel costs for overtime expenses incurred during joint Brookline/Boston investigations.

Chief O’Leary stated that in order to obtain this funding, the Police Department has partnered with the Boston Police Department and will share this grant with them. This grant will be used to enhance the partnership with the Probation Department of the Brookline Court, and to work with the City of Boston in warrant and cross-jurisdictional investigations with the City of Boston.

In Board of Selectmen March 8, 2011 Page 5 of 18

Selectman Daly noted that an early intervention effort with the Probation Department at the Brookline Courts has been helpful to the community.

On motion it was unanimously,

VOTED: To accept a grant from the Executive Office of Public Safety and Security in the amount of $9,000 in connection with the Senator Charles E. Shannon, Jr. Community Safety Initiative Grant, administered through the State’s Executive Office of Public Safety & Security. To be used to offset police personnel costs for overtime expenses incurred during joint Brookline/Boston investigations.

GRANT

The Board considered the question of accepting a grant from the Executive Office of Public Safety and Security in the amount of $9,998.78 in connection with the FY2011 Underage Alcohol Enforcement Grant Program, to be used to fund compliance checks on liquor license stores and efforts to address quality of life issues that arise concerning loud parties and noise complaints.

Chief O’Leary stated that this grant will be used to fund liquor compliance checks at local liquor stores. It will also help staff officers to address any nuisance type problems that arise in the early fall with incoming university students.

On motion it was unanimously,

VOTED: To accept a grant from the Executive Office of Public Safety and Security in the amount of $9,998.78 in connection with the FY2011 Underage Alcohol Enforcement Grant Program, to be used to fund compliance checks on liquor license stores and efforts to address quality of life issues that arise concerning loud parties and noise complaints.

EXTRA WORK ORDER

The Board considered the question of approving Extra Work Order No. 2 in the amount of $300,000.00 for work to be completed by D’Allesandro Corporation in connection with Contract No. PW/10-10 “Rental Rates for Snow Plowing and Ice Control”. Said work order to be funded from account 42004230 523070 (Snow/Ice Control – Motor Vehicle Rental).

Public Works Commissioner Andy Pappastergion stated that this year the Department of Public Works has spent $600,000 in overtime costs, $895,000 in contractual services, and $439,000 in materials. This year has been a challenging year for the Department of Public Works due to the seventy-six inches of snow accumulation. In Board of Selectmen March 8, 2011 Page 6 of 18

The Town has invoked Chapter 44 allowing DPW to go over their snow and ice control budget, and apply unused funds to that account at the end of the year

The Federal Government has declared Massachusetts a Federal Disaster Area for the January storms. The Town will receive a 75% reimbursement of cost incurred within a 48 hour time period. It covers personnel overtime, equipment, and contractual services. He is in the process of going through the numbers to submit for the reimbursement.

The Board discussed the after effects of the storms, where road damage occurred from salt and sand, causing potholes and striping to fade. Mr. Pappastergion stated that they have been aggressively attacking the potholes and paying for materials all along. Many of the line striping is slated to be done this year.

The Board thanked the DPW staff for their long and hard work this season.

On motion it was unanimously,

VOTED: To approve Extra Work Order No. 2 in the amount of $300,000.00 for work to be completed by D’Allesandro Corporation in connection with Contract No. PW/10-10 “Rental Rates for Snow Plowing and Ice Control. Said work order to be funded from account 42004230 523070 (Snow/Ice Control – Motor Vehicle Rental).

Selectman Benka thanked Highway Director Kevin Johnson and Public Works Operations Manager Richard Stewart for holding informal Q&A at the Putterham Library, South Brookline Senior Social, to address inquires from Brookline seniors on snow removal procedures and recyclable totes. It was an engaging conversation.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to Pine Manor College in connection with a meeting to be held by Brigham and Women’s Hospital on March 11, 2011 from 5pm-7pm at 400 Heath Street.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to Pine Manor College in connection with a meeting to be held by Brigham and Women’s Hospital on March 11, 2011 from 5pm-7pm at 400 Heath Street.

In Board of Selectmen March 8, 2011 Page 7 of 18

TEMPORARY ALL KINDS OF ALCOHOL

The Board considered the question of granting a temporary All Kinds of Alcohol beverages license (no sale) to the Museum of Transportation in connection with a Bridal Expo to be held on March 12, 2011 from 12N to 4pm at 15 Newton Street.

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcohol beverages license (no sale) to the Museum of Transportation in connection with a Bridal Expo to be held on March 12, 2011 from 12N to 4pm at 15 Newton Street.

LICENSE REVOCATION

The Board considered the question of rescinding or otherwise revoking a license agreement issued for landscaping purposes on certain town-owned land now to be conveyed to a private party as part of the sale of lots for the Fisher Hill/Olmsted Project.

Town Counsel Jennifer Gilbert stated that last week the Board voted to transfer several lots to the developer of the Fisher Hill/Olmsted Project, who will then transfer them to the buyers. Abutters of the Longyear Estates have entered into several lawsuits, as a result, a settlement agreement license for a sliver of land by Hayden Road allowed Longyear Estates to plant and maintain landscape buffers. The license allowed Longyear access to the private property to maintain the landscaping. This portion of property is now Lot 4, and the attorney has requested revoking the license. Longyear Estates has no objection. The Hayden Road residents are buying lots 3 and 4.

On motion it was unanimously,

VOTED: To rescind or otherwise revoke a license agreement dated June 29, 2004 issued for landscaping purposes on certain town-owned land now to be conveyed as part of Lot 4 to a private party as part of the sale of lots for the Fisher Hill/Olmsted Project.

DPW PERSONNEL The Board considered the question of authorizing the filling of the following positions within the DPW Department

Gardner/Laborer (LN-2): Motor Equipment Repairperson (LN-6)

In Board of Selectmen March 8, 2011 Page 8 of 18

Commissioner Andy Pappastergion stated that due to a recent promotion and a termination, these two positions have become available. The Board had approved the hiring of 8 vacant positions in the DPW on January 11, 2011.

On motion it was unanimously,

VOTED: To authorize the filling of the following positions within the DPW Department.

Gardner/Laborer (LN-2): Motor Equipment Repairperson (LN-6)

PARK AND RECREATION – PERSONNEL The Board considered the question of authorizing the filling of the Assistant Superintendent position at the Golf Course (GN-7)

Recreation Supervisor Melissa Battite stated that the prior incumbent had worked at the Golf Course for several years and has recently decided to enter the Police Academy. The position has been vacant for the winter season, and she hopes to fill it for the upcoming Golf season.

On motion it was unanimously,

VOTED: To authorize the filling of the Assistant Superintendent position at the Golf Course (GN-7)

LIQUOR LICENSING COMMITTEE

Members of the Liquor Licensing Committee appeared to update the Board and discuss the filing of a Warrant Article for the May 24, 2011 meeting regarding Sunday hours for liquor license holders.

Selectman Goldstein stated that a Committee has been formed to study liquor license quotas and regulations. They are getting close to making a report. Brookline is now at the limit of their quota. The Town has never been down to their quota in recent history. The Committee studied the numbers and feels there is no over saturation of licenses, and the Health Department does not feel additional licenses will put a strain on them. The National trend is to stray from a quota system.

In the course of the study, recent legislation has passed a new law allowing liquor pouring licenses to pour on Sundays at 10:00 a.m. instead of the now 12 noon. This is to accommodate Sunday brunch requests to serve alcohol before noon on Sundays. This has In Board of Selectmen March 8, 2011 Page 9 of 18

gotten support from our local restaurateurs. Chairman DeWitt has submitted a Warrant Article to adopt M.G.L. Chapter 138 section 33B (The Sunday Brunch Law) to allow the sale of alcohol before 12 noon on Sundays at local restaurants hotels, and clubs.

A full report from the Liquor Licensing Committee will be made to the Board in the near future.

The Chair called a 5 minute recess (8:10pm)

LIQUOR LICENSE VIOLATION HEARING

Hearing pursuant to General Laws Chapter 138, Section 64 on the question of whether or not to modify, suspend, revoke or cancel the All Kinds of Alcoholic Beverages as a Common Victualler license held by Alevista, Inc. d/b/a/ Vernissage Restaurant, Aleksandras Vysochinos, Manager, at 1627 Beacon Street.

Chairman DeWitt: This is a public hearing pursuant to Massachusetts General Laws, Chapter 138, Section 64, to determine whether the Board of Selectmen, as the Licensing Authority for the Town of Brookline, should modify, suspend, revoke or cancel the liquor, common victualler, and/or entertainment license issued to Alevista, Inc. d/b/a Vernissage Restaurant on the complaint of Chief Daniel O’Leary of the Brookline Police Department, as the enforcing agency for the Board of Selectmen, that Vernissage Restaurant has violated or permitted to be violated the conditions of its license and the provisions of Massachusetts General Laws Chapter 138, in that, FIRST, it sold and/or delivered or permitted the sale of delivery of alcoholic beverages to 8 different minors on or about the late evening of October 1, 2010 and early morning of October 2, 2010, in violation of Chapter 138, Section 34 of the General Laws and Section A(13) of the Town’s Sale of Alcoholic Beverages Regulations, and SECOND, it failed to cease sales of alcohol by one-half hour prior to closing hour, to cease operation by the closing hour, and to clear the premises of patrons by 15 minutes after the closing hour in violation of the conditions of the Licensee’s liquor license and Sections A(19) and B(4) said regulations.

The Notice of this hearing dated March 1, 2011 was delivered by hand to Vernissage’s attorney and sets out the charges in detail. That notice together with the Certificate of Service and related documents is marked as Exhibit 1 and is incorporated by reference into the minutes of this hearing.

This hearing is being recorded by the Recording Secretary.

Associate Town Counsel Patty Correa is representing the Brookline Police Department

Attorney Robert Allen is representing Vernissage’s Restaurant

Chairman DeWitt: Are you satisfied with the notice of hearing? In Board of Selectmen March 8, 2011 Page 10 of 18

Attorney Allen replied yes.

There are no additional exhibits to be marked at this time.

There are no preliminary motions.

Associate Town Counsel Patty Correa outlined the summary:

According to Officer Canney: On Saturday October 2, 2010 at 3:34 am, Brookline Police responded to a report of a group of men fighting in the street on University Road. Of the ten individuals involved, 8 were under the age of 21. There evidently was no fight but “horseplay” among friends. The smell of Alcohol came from the group; all of them appeared to be intoxicated, but not incapacitated. The group admitted to have spent the majority of the evening at Vernissage where they had consumed alcoholic beverages. After being identified the group retained a taxi cab and headed out. The cab driver had indicated That he was familiar with this group.

The Manger of Vernissage, Aleksandr Pashalov was also near the group, identified them and stated that the group had been in Vernissage that evening. He noted that the group had been “regulars” at the “club” section of the restaurant for the past year. . He stated that the group had been there from about 9:00 pm to 3:00am.; the restaurant has a 2:00am closing time.

Lieutenant McCarthy followed up on the incident and reviewed the bar tab for that evening. The tab indicated three decanters of alcohol being served, the last one served at 2:50 am. After interviewing Mr. Pashalov again, Mr. Pashalov stated that the patrons were regulars, therefore he had not asked for identification.

This is the first violation for this establishment and a proposal for a sanction has been agreed upon between both parties.

Selectman Goldstein noted that the report included alcohol being served in “decanters” which is in violation of the “happy hour” law, and asked why this was not charged as a violation.

Ms. Correa replied that the Attorney’s position is that there were others drinking on the premises at the same time. It would be difficult to determine which group purchased the decanters.

Selectman Daly asked about an over-serving violation. She also indicated that the police report included a person with a bottle of alcohol in her possession near the premises. Correa replied that Attorney Allen questioned the evidence that they appeared to be under the influence not inebriated. In Board of Selectmen March 8, 2011 Page 11 of 18

Selectman Benka asked about the “decanter” regulations. Ms. Correa replied that Brookline has its own regulations on decanters which are stricter than what the ABCC holds. Brookline regulations are only one alcoholic beverage can be served at one time. Wine can be served in a bottle or a glass but hard liquor cannot. On decanters you would have to look at how many drinks are being served per person. There is an ambiguity here that is being sorted out within the new license study.

Attorney Allen introduced Alex Vysochinos, Manager of Vernissage who was not there that night he had left sick around midnight.

Attorney Allen stated that they have reached a compromise agreement between what both parties feel is a good solution. They agree to sufficient facts under this, they don’t feel that everything in the police report is accurate. Most of what was said was brought up by the Assistant Manager on that night, some of his comments most of which was taken out of context; he is Russian, with a strong accent. The things he wants to address are Selectman Daly’s observation of a bottle off premise. The police did investigate the person with possession of a bottle, and that the bottle found off premise was not taken from the inside of the premises of the restaurant. Addressing the “regulars” being there, there was a group of Northeastern grad students there that night that were regulars, and this group in question had joined them. The underage group in question is not regulars there.

Associate Town Counsel Correa stated there are statements taken that night from the employer that would be admissible in court. Both parties have agreed to a sanction to the violation be an alcohol license.

The Board acknowledged that there is a lot of serious allegations here. It involves a number of underage patrons. The establishment is not living up to their responsibility. The impression appears to be that this group did frequent the establishment. The Board also indicated that this is a new ownership at the establishment and it is unfortunate that they are appearing before them so soon on serious violations. There has been no violation since 2008 when the new owners took over. Mr. Vysochinos apologized for the incident and regrets going home sick that night. The Board expressed concern about the serving of decanters.

Selectman Goldstein would like to impose a condition that no decanters be used to serve alcohol.

Attorney Allen replied that the decanters are smaller than what you would think. It is served by a waiter, and not left on the table. The waiter must serve from it into a glass. This is a Russian custom. The waiter has control over who gets served. The staff will be recertified on alcohol serving and on busier nights there will be a doorman checking identification, in addition to the waiter checking identification. There is food being served on the first floor so minors cannot be excluded from there.

In Board of Selectmen March 8, 2011 Page 12 of 18

Elena Zubow, resident of Brookline and patron of Vernissage stated that being of Russian descent, it is a cultural custom that bottle or a carton is not left on the table. It is not about the volume of the decanter, but its placement.

Selectman Benka proposed making the requirement that decanters not be left on the table, and be served by a waiter, a condition of the license.

Chief O’Leary stated that they are expanding their stings to include restaurants in addition to liquor stores.

Chairman DeWitt: We will now decide whether or not the licensee is responsible for the violations with which it is charged.

I make a motion for a finding that the licensee is responsible for the violations described in the Hearing Notice dated March 1, 2011, and marked as Exhibit 1.

VOTED: 5-0 in favor of a finding of responsible with regard to the charge of permitting the sale or delivery of alcoholic beverages to a person under 21 years of age late during the late evening of October 1, 2010, and the early morning of October 2, 2010, in violation of Chapter 138, Section 34 of the General Laws and Section A(13) of Brookline’s liquor regulations.

VOTED: 5-0 in favor of a finding of responsible with regard to the charge of failure to cease sales of alcohol by one-half hour prior to closing hour, to cease operation by the closing hour, and to clear the premises of patrons by 15 minutes after the closing hour in violation of the conditions of the liquor license and Sections A(19) and B(4) of Brookline’s liquor regulations.

VOTED: 5-0 that the liquor license of Alevista, Inc. d/b/a Vernissage Restaurant, shall be suspended for a period of twenty-eight (28) days. Of said twenty-eight (28) days suspension, fourteen (14) days shall be imposed and served on consecutive days beginning on April 17 and ending on April 30. The remaining fourteen (14) days suspension shall be withheld on the following terms and conditions: If this Board finds the licensee in violation of any provision of Massachusetts General Laws Chapter 138, the regulations of the Alcoholic Beverage Control Commission, or the Town of Brookline’s Sale of Alcoholic Beverages Regulations within one year of March 8, 2011, said fourteen (14) days suspension shall be imposed by the Board and served by the licensee without further hearing on such dates as this Board may designate, in addition to any further sanctions that may be voted by the Board for such additional violations, and if this Board does not find the licensee in violation of any provision of Massachusetts Chapter 138, the Alcoholic Beverage Control Commission regulations or the Town of Brookline’s Sale of Alcoholic Beverages Regulations within one year of March 8, 2011, said fourteen (14) days shall be dismissed. In Board of Selectmen March 8, 2011 Page 13 of 18

VOTED: 5-0 to modify the license as follows:

1. the licensee’s hour of closing Monday through Thursday shall be changed from 2 a.m. to midnight. (The closing hour on Fridays through Sundays shall remain unchanged, with a 2 a.m. closing.)

2. a condition shall be placed on the license that a) the licensee shall not leave any decanter on any table, and b) all alcoholic beverages served from a decanter shall be done by a wait person.

COMMITTEE APPOINTMENTS

The following candidates for appointment to the Retiree Health Trust Committee appeared:

Bobbi Kaplan had previously served on the OPEB committee. She is an employee in the State Comptroller’s office and serves as Labor Chair of the NAGE (National Association of Government Employees) Health & Welfare Trust Fund. She has worked as a trustee for NAGE as well, and has served as a member of the Procurement Management Team for the State.

NOISE BYLAW WAIVER

Further consideration of granting a permit for exemption from the Noise By-Law pursuant to Article 8.15.7 of the Town By-Laws as requested by New Atlantic Development relative to work in connection with the Fisher Hill/Olmstead Project.

Peter Roth of New Atlantic Development introduced Tom Fennick, Principal at McPhail Associates, LLC, and Greg Tocci of Cavanaugh Tocci Associates, Inc. Mr. Roth stated that they are assisting him in finding a means and method of diminishing the noise impact at the Fisher/Olmstead Hill suite.

Mr. Fennick is a site professional and a geo technical engineer and environmental engineer of the project. He stated that since 2009 he has been working with the Town and looked at the existing environmental condition of the site to see what can be expected during construction. There has been no industrial use at the site to have them believe that there is any contamination. The soil was tested, and it came out clean. He then looked at the type of fill needed which you cannot bring in contaminated fill to a clean site. When construction starts he will be onsite to monitor the vibration levels, and the quality of the fill during demolition. A storm water pollution prevention plan has been prepared for the site which he will be monitoring as well. There will be 2 Blastmate seismographs that twill In Board of Selectmen March 8, 2011 Page 14 of 18

measure the acceleration of shock waves that comes from construction activity to see what the vibration levels are to compare with the requirements. The key is to keep the vibration levels down which can be done by keeping the pieces that fall to the bottom as small as possible.

In reference to vibration levels, and its affect on buildings around the site, the impact would most likely be dishes rattling or window shaking as if there were high winds. Fisher Hill consists of dense soil which tends to hold down vibration levels. The levels will be monitored.

Selectman Daly asked about the “dishes rattling”, does that mean he does not anticipate them falling off the self. Mr. Fennick replied that he is trying to put it in perspective. You will experience some vibration activity, like a windy day. It is anticipated that there will be a persistent form of vibration, like the rattling of doors or maybe nothing at all.

Mr. Roth stated that a concrete muncher will be used that is quieter, but slower than the hoe ram. This will be used in addition to the hoe ram.

Greg Tocci of Cavanaugh Tocci Associates made the following presentation.

(Presentation attached in adobe format)

Selectman Daly asked about taking the materials off site to crush and bring it back. Mr. Tocci replied that it would not only cause increased truck trips but the backup beep would be almost constant. The crusher would reduce the number of truck trips.

Selectman Goldstein asked about the difference between the decibel levels from last week to this week. It seems to be lower now. Mr. Roth replied that it is very hard to measure without being at the source. They do not have the data that Mr. Tocci has, that is why they engaged him. Selectman Goldstein asked about a sound barrier around the crusher. Mr. Tocci replied that there need to be some room for movement. Mr. Roth added that they will use the quieter muncher as much as possible. It is slow and light; in some locations the hoe ram would be needed where there are larger materials. It would be difficult to put a barrier around the hoe ram. It was considered.

Selectman Benka made some clarification of the noise by-law. There is a provision (h) that addresses noise pollution which can relate to equipment. Also, the equipment that the DPW is allowed to use for emergency work requires sound barriers. Mr. Tocci replied that to break the line of site you would have to enclose the area with a roof. There are some residents that will be looking down into the site. He added that any kind of building construction would not pass the noise test.

Mr. Roth briefed the Board on some cost estimates.

In Board of Selectmen March 8, 2011 Page 15 of 18

The cost to furnish and erect sound barrier is estimated at $20,000. The cost to change on hoe ram to a concrete muncher is estimated at $102,000.00, with a project extension of two weeks.

The cost to export the concrete to crush off site is estimated at $244,000, with an estimated 350 additional round trips for trucks.

Mr. Roth will limit the hours of the nosiest operations from 8:30 am-3:30 pm., or 9:00 am-4:00 am. It would be difficult to hire labor for less than 6 hours a day.

Building Commissioner Mike Shepard stated that they are all well aware that the hoe ram will be noisy. He is glad that they looked at the munching machine as another option. In reference to transporting the material off site, that would cause significant noise just with the loading and unloading of the truck. He added that Mr. Roth seems to be cooperative.

Director of Engineering Peter Ditto stated that he has taken a look at the traffic pattern for the trucks, in particular the school bus schedule and how they would relate. The morning schedule does not appear to be an issue; it is in the afternoon schedule that there may be an issue. The school bus has a stop in the area at 2:30. If they could do some due diligence and keep the truck off the road at that time, it would be helpful. Mr. Ditto added that the cost estimates Mr. Roth provided are in the ball park.

Selectman Mermell asked about a communication plan in place for the neighbors, particularly if a noisy day is planned ahead. Mr. Roth stated that there will be automatic updates to residents that have subscribed. There will be routine updates every two weeks on the Town website. If a noisy event is planned both the website and email notification will be in place. For residents who do not use email other notification methods can be set up. Selectman Mermell urged him to use all notification methods available.

Selectman Benka asked about the hours of using the various equipment. Mr. Roth replied that the muncher would most likely be used between 8am and 5pm. The hoe ram would be likely to run between 8:30-3:30. There will be no munching or hoe ramming before 8am. He added that once it gets going and they can take a look at the noise impact they can make some adjustments. The crusher would be limited to the same hours as the hoe ram.

Selectman Daly asked if they were going to spend the money to create a sound barrier anyway is there a place that the barrier could be used in both parts of the operation. Mr. Roth replied that they look at building a hoe ramming shed to contain it as much as possible. The problem would be using it on the side walls, and large boulders would have to be moved to it. It would slow down the operation considerably if the hoe ramming was limited to a certain area. He will explore looking into an area for additional barriers.

In Board of Selectmen March 8, 2011 Page 16 of 18

Selectman Goldstein asked about moving the operation across the street. Mr. Roth replied that they had thought about it, an access road would have to be put in and there would still be noise of loading and unloading the trucks. He added that there may be some regulatory prohibitions to doing that. Selectman Benka added that a covenant with the state provides that the open reservoir across Fisher Ave. is to be used for recreational use and open space only.

Attorney Mike Merrill, representing the residents of Longyear Estates, stated that what he has heard is that the vibrations may be better, the noise may be better than predicted, they will be hiring their own environmental engineer, and would like to see a noise and vibration management plan in place. The residents are also requesting a daily informational update of the project.

Harvey Gertel, Holland Rd expressed concerns on the vibration and asked if blasting mats can be put in place. They would absorb the sound and vibration. He would also like some information on the seismic monitors, and would like to know who will be measuring the sound levels during construction.

Howard Ecker, Hyslop Rd expressed concern about the sound barriers. He feels that residents at a higher level will not be as protected as others. Also, Fisher Ave going down to Boylston Street gets slick when wet, he hopes that there is some way to skid proof that area, and maybe put a traffic light and police detail there when the trucks are going through. A cut through the divider on Boylston Street could be useful to deter the trucks from going through the neighborhood.

Marvin Belfer, Seaver St had some concern about ground water, and when the walls come down is there a possibility of water pressure on the walls. He also had concern about the vibrations and what it may do to glass and greenhouses.

Paula Friedman, Hyslop Rd, a former member of the noise By-law Committee asked about other types of sound and vibration barriers that could be used. She hopes a little more effort would be put into protecting the construction site. She wondered why it could not be filled up with cement without knocking everything down.

There was no vote on this agenda item.

FY2012 FINANCIAL PLAN

Review of the following FY2012 Departmental budgets:

Human Resources/Personnel Benefits postponed Town Counsel postponed Building

In Board of Selectmen March 8, 2011 Page 17 of 18

Building

Building Commissioner Mike Shepard reviewed the status of the Building Department. The Operations Manager’s position has been filled and has started this week. This position will help assist the school buildings projects. The staff working on the Heath and Runkle School projects is being partially paid for by the MSBA. The Town Hall staff has been working to reduce the carbon footprint; we have been proactive in that. The town- owned buildings received minimal damage due to the weight of snow this season, a shed by a fire station was slightly damaged. The Department has been working on roofs and ice dams. There is a new clerk in the office; the front office is in good shape. The Runkle School project is underway, and the Town Hall Garages project will resume this summer for phase two. Utility cost has been reduced significantly (4.7%), Director of Public Buildings, Charlie Simmons has been working on this for some time, and his efforts have paid off.

The Construction/Renovation sub-program supports the Building Commission and consists of the Building Project Administrator, Tony Guigli and Project Manager Ray Masak. They are one of the first OPM (owner’s project manager) of a municipality in the State. They are doing an outstanding job and are setting an example throughout the State, while saving the Town a tremendous amount of money. Support staff will be assisting them for the upcoming school projects, the cost is incorporated into the project, and the position will be temporary.

Capital increases include replacement of three vehicles with alternative fuel vehicles, the replacement of a van, a scanner, and GPS devices for department vehicles.

The Board thanked him for the update.

There being no further business, the Chair adjourned the meeting at 11:00 pm.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date. 1. Memo from TC to BOS 2. Infro from Kara Bewton press release 6. letter to BOS from DPW commissioner/auth to hire forms/job descriptions 7. auth to hire form/job description 8. Article explanation 9. hearing notice copy/police report/letter from TC to attorney RAllen 10. resume/RHTC outline 12.email from DKasper,eBlumenthat,LDaniels,JSwartz/bylaw desc/letter to BOS from PRoth/notice to TMM/letter from MMerrill to Chair/cost estimation estimate 12. budget book 13. march 1 minutes 14.letter to to from chief olearymoa 15. letter to TA from Chief Oleary/letter from Commofmass to Chief Oleary In Board of Selectmen March 8, 2011 Page 18 of 18

16. letter to BOS from DPW Commissioner/contract amend form/ewo 17. application 18. applications 19. email from TC to TA

In Board of Selectmen

March 15, 2011 6th Floor Hearing Room

The Minutes of May 8, 2011 were approved as amended

Present: Chairman Betsy DeWitt, Selectmen Jesse Mermell, Richard Benka and Kenneth Goldstein

In Board of Selectmen March 15, 2011 Page 2 of 22

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

In Board of Selectmen March 15, 2011 Page 3 of 22

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

Minutes attached

In Board of Selectmen March 15, 2011 Page 4 of 22

ANNOUNCEMENTS Selectmen to announce recent and/or upcoming Events of Community interest.

The Board welcomed Professor Akira Imagawa of Doshisha University in Kyoto Japan who is visiting tonight as part of his study of citizen involvement in local government.

The Board expressed their concern and condolences to the recent devastation in Japan.

SELECTMEN UPDATES

Reports by individual Selectmen on activities related to carrying out the responsibilities of the Board.

There was a recent neighborhood meeting of Fisher Hill residents on the upcoming construction in the area.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no public comment.

COMMITTEE OF SEVEN

The Board considered the question of appointing a Committee of Seven for the Roofing Work at the Old Lincoln School and at Fire Stations #1, #5 and #7 and appointment a Selectman to Chair the Committee.

Chairman DeWitt stated that Selectman Benka will serve as Chair to the Committee. The Committee is as follows: Building Commission nominees are George Cole, George Cha and David Pollak, staff nominees are Peter Rowe, Michael O'Reilly and Charlie Simmons, and Selectman Benka as Chair.

On motion it was unanimously,

VOTED: To appoint the following Committee of Seven for the Roofing Work at the Old Lincoln School and at Fire Stations #1, #5 and #7 : Building Commission nominees are George Cole, George Cha and David Pollak, staff nominees are Peter Rowe, Michael O'Reilly and Charlie Simmons, and Selectman Benka to Chair this Committee.

In Board of Selectmen March 15, 2011 Page 5 of 22

STEPS TO SUCCESS

Director of Steps of Success Janet Selcer and Advisory Chair Karin Miller updated the Board on Steps to Success upcoming events and program highlights.

http://www.stepstosuccessbrookline.org

Steps to Success (STS) is a comprehensive academic intervention and support program for low-income students and their families in Brookline. Established nine years ago, STS now serves approximately 300 young people, most of whom live in public housing. A public/private partnership, STS is housed within the Public Schools of Brookline, STS works with students at all eight Brookline elementary/middle schools and at Brookline High School. STS is part of the school system and partners closely with the Brookline Housing Authority, area colleges and universities, community agencies, internship host employers, the Brookline Community Foundation and others. Our small staff, volunteer Advisory Committee, and student Leadership Team lead our efforts

STUDENT SUCCESS PLAN Each STS student is guided by a yearly Student Success Plan, which provides benchmarks for the personal and academic practices needed to achieve school success. Over the year, this Plan helps each student monitor progress with his or her Advisor and, along the way students are encouraged and recognized for their success through an incentive program. STS students, Advisors, parents/guardians and school principals all sign the plan at the start of the academic year.

STEP UP Step Up starts our youngest students on the road to success in 4th grade, introducing them to the STS goals through a reading, writing and educational excursion program each week after school. 4th grade STS participants attend Step Up in the Family Learning Computer Centers in public housing where they can do some of their activities on-line.

Steps to Success is a public/private partnership. While a portion of our funding comes from local, state and federal grant funds as well as the Public Schools of Brookline, we must raise approximately 2/3 of our budget each year. In these economic times, we turn for help to individual donors, family foundations and other private sources to build our sustainability. Please consider a donation for our work.

Your donation can carry particularly far this year, as we work to match a generous 3-year grant from the Brookline Community Foundation. This year's matching requirement is $75,000. An upcoming fundraiser will be held on Wednesday March 23, from 6:00-8:30pm at Jerry Remy’s Sports Bar & Grill, 125 Boylston Street Boston.

In Board of Selectmen March 15, 2011 Page 6 of 22

The Board thanked them for the update and invitation to the fundraiser. The Board supports Steps to Success and acknowledged their significant growth and success over the past 11 years given their limited funding. The Board commended their college retaining efforts and summer jobs program.

FY2012 FINANCIAL PLAN

Review of the following FY2012 Departmental budgets:

Police Fire Human Resources/Personnel Benefits

Police

Chief O’Leary stated that their budget reflects an increase of .3% which consist of personal increases, service increases and offset by capital decreases.

The service increase stems from air cards used for wireless communication. Some cruisers were not able to receive Wi-Fi service in surrounding communities. The provider is working on better reception in those communities. Blackberries are used instead of laptop computers in some cruisers.

Capital decreased due to a new line of police cruisers coming out. The Crown Victoria will not be manufactured any more. A new smaller Ford Taurus will be taking its place.

The Department implemented a traffic management system to track and analyze complaints. A new collection agency has been retained to collect out of state overdue tickets. Over $200,000 has been recovered so far. Two civilian meter collectors have been hired, and have brought in significant revenue to date.

Selectman Goldstein asked about “shift swapping” and if it has been a problem in the department. Chief O’Leary replied that it is allowed, and has not been a problem. It is closely monitored. If an employee is found to abuse it three times, their swap privileges will be taken away. He added that it is rarely used.

Selectman Mermell asked about the emergency management plan. The Chief replied that the Department will continue to work on its town-wide evacuation plan and provide information if an event prompts it. Evacuation sites will be provided and notification sent out to residents.

In Board of Selectmen March 15, 2011 Page 7 of 22

Fire

Chief Skerry stated that the budget reflects an increase of 1%., due to personnel increases. The Department has the same number of staffing positions as it had last year and provided the same level of service to the community.

The Department has received new equipment which increased capital by $911.00. The new Quint fire truck was put into service, the reserve equipment is in good shape.

Selectman Goldstein asked about “shift swapping” and if it has been a problem in the department. The Chief replied that it is allowed on an honor system. It has not been a problem. Selectman Goldstein recommended that a system be put into place to monitor shift swapping.

Human Resources

Director of Human Resources Sandra DeBow stated that the budget reflects an increase of 4.7% mainly due to personnel increases of $3,901, and service increases of 2.4%. The services increased due to legal services and training/education.

The department will begin a five-to-ten year succession plan with Departments that will focus on identifying and developing personnel talent. They will also review strategies on recruitment post civil service, starting with an anti-discrimination policy.

The Department has successfully implemented new health care benefits with both current and retired personnel. This was a very time consuming and complicated task, Ms. DeBow is committed to using freed up time to revamp policies and procedures.

Personnel Benefits

Director of Human Resources Sandra DeBow stated that group insurance reflects nearly 12% of the operating budget. Had the Town not joined the GIC insurance the increase was estimated to be much higher.

Chairman DeWitt asked if the new group health insurance plan provided adequate coverage for critically ill as the previous plan. She has heard conversations that it did not.

Ms. DeBow replied that the coverage is just as good, however, some of the co- payments are higher. The Town has implemented a plan to offset some of these cost incurred by critically ill employees through the Health Reimbursement Account. In Board of Selectmen March 15, 2011 Page 8 of 22

Workers Compensation is reduced by $1,000.00. Ms. DeBow added that there is a staff team of three including a nurse from the New England Baptist Hospital that tracks, follow ups, and assists on helping those recover and get back into the work force.

DIVERSITY REPORT

Director of Human Resources Sandra DeBow and members of the Human Resources Board appeared to present the Town’s Diversity Report.

Director of Human Resources Sandra DeBow reviewed the Executive Summary of the Diversity Report:

Inclusion and Diversity Report Executive Summary

A. Introduction: The Town of Brookline celebrates the diversity of the community it serves and the individuals it employs. Further, the Town of Brookline believes that a workplace that attracts and retains diverse personnel will allow it to serve its citizenry more creatively, strategically, and productively. The year 2010 saw a robust new focus on and a commitment to developing successful inclusion and diversity initiatives that will ensure these objectives, goals and priorities are achieved and maintained.

B. Realizing Dr. Martin Luther King’s Vision: In June 2009, following the May Town Meeting Town Meeting voted that the Town should,

Examine ways to understand the extent to which Brookline has made progress toward realizing the vision of Dr. (Martin Luther) King by preparing and making available to the public an annual report based on, but not necessarily limited by, the Town’s diversity reports and data collected on its departments, any appropriate reports the School department may have on the diversity, inclusion and achievements of its employees or students, and any other reports showing compliance with applicable equal opportunity laws and laws prohibiting discrimination.

The Board of Selectmen delegated the compilation of this report to the Town’s Human Resources Director. C. 2009-2010 – Ability to shift Priorities for Human Resources: Several events occurred in Calendar Year 2010 that allowed the Town of Brookline to shift its approach to inclusion and diversity issues.

1. Shift in Recruitment and Hiring: Moving out of the Civil Service system for clerical, labor and non-public safety professionals in 2009 was critical to this shift in focus, as it freed the Town to think about new strategies to increase the diversity of its applicant pools.

2. Freed up Resources Following GIC: Moving into the Group Insurance Commission as the Town’s group health provider both saved the Town millions of dollars and also freed up resources in the Human Resources Department (HR Department), allowing that department to In Board of Selectmen March 15, 2011 Page 9 of 22

establish new priorities of Training and Policy review; two issues that also aligned well with Town Meeting’s charge to focus on Dr. Martin Luther King’s vision of inclusion and diversity.

3. EEO Reporting: The Town of Brookline continues to submit the snapshot data to the Equal Employment Opportunity Commission as required by law (See Attachment A). The prior three EEO-4 submissions show that Brookline continues to employ a workforce that meets or exceeds the Brookline census data for the same period of time. However, more work needs to be done to create a better compilation of data and a better method of analysis to determine where the Town should be focusing its resources to achieve its goals of having a workforce that is inclusive and diverse. An enterprise-wide HR Information System will greatly improve the Town’s ability to collect and analyze this data.

D. 2010 Inclusion and Diversity Efforts: Leading into 2010, a series of events refocused the Town of Brookline’s efforts on diversity and inclusion issues. The Town’s HR Department was able to undertake a review of its short and long range goals and established priorities for training senior managers, updating its workplace policies, and developing new recruitment tools as it moved away from the state’s civil service system. This review identified a need to update the Town’s Affirmative Action Plan that was last updated in 1994 under a different legal landscape. Establishing comprehensive sustainable inclusion and diversity initiatives is an important component of the Human Resources’ agenda.

1. 2010 - Milestone 1: Leadership Commitment: A critical component of any diversity initiatives is leadership commitment to ensure policy makers and governing bodies are committed to the goal of ensuring and sustaining a diverse workforce. In 2010, the Town has demonstrated this

a. By joining the Commonwealth Compact, increasing its data collection abilities and increasing opportunities for collaboration with organizations similarly focused on these inclusion and diversity priorities.

b. By funding supervisor training conducted by the Massachusetts Commission Against Discrimination (MCAD) for senior managers within the Town.

c. By forming an Inclusion and Diversity Working Group whose objective will be to help craft best practices and policies that are far-reaching, effective and sustainable. The Working Group’s challenge is to help define Town-wide priorities, strategies, action plans and best practices. The Working Group will also make recommendations for further study or the use of focus groups or the formation of committees as needed to support ongoing diversity and inclusion efforts.

2. 2010 - Milestone 2: Employee Awareness– In 2010 the Human Resources Department also increased its focus on employee development and supervisor training.

a. The HR Department drafted a comprehensive Anti-Discrimination, Sexual Harassment and Retaliation Policy which was approved by the Human Resources Board and adopted by the Board of Selectmen, making clear that the Town has zero tolerance toward discrimination, sexual harassment and for retaliation.

In Board of Selectmen March 15, 2011 Page 10 of 22

b. During the fall of 2010, the Town of Brookline trained over 175 Supervisors on the Massachusetts’s law anti-discrimination law. The training, conducted by the MCAD’s Training Division, included a thorough review of the law’s prohibitions and supervisors’ responsibilities to identify and report behavior or conduct that could be construed as discrimination, sexual harassment, and retaliation.

3. 2010 – Milestone 3: Public Schools Initiatives the Brookline Public Schools announced a Strategic Plan Goal #2 – Eliminate achievement gaps with respect to race, ethnicity and socio- economic status and increase achievement of students with special needs through individualized strategies and programs. Measurements were determined and a rating system was devised to report progress. The results were published in the At School in Brookline, annual report.

The Public Schools also continue their collaborative relationships with the Massachusetts Partnership for Diversity in Education (MPDE) and through their district affiliation with the Minority Student Achievement Network (MSAN). In 2010, the Brookline Public Schools have been working with other local communities and the MPDE to implement a Today’s Students Tomorrow’s Teachers program, to recruit, mentor, and place economically-challenged and culturally diverse high school students through college to employment as teachers and leaders who will inspire and strengthen their communities.

4. 2010 - Milestone 4: Community Initiatives

a. Council on Aging Brookline’s Council on Aging hosted training for area social workers that addressed issues faced by Lesbian, Gay, Bisexual and Transgender (LGBT) Elders.

b. Brookline Police Department – In October 2010, the International Association of Chiefs of Police (IACP) invited Police Chief Daniel O’Leary to speak on Racial Profiling Prevention Strategies, based on the award-winning work the Brookline Police Department has done in this area. The presentation was attended by an international group of police chiefs.

c. Recreation Department - Director of Recreation sought the establishment of a new position, Therapeutic Specialist which will help coordinate and oversee the programs and services the Recreation Department currently has for all adults and children, including those with physical and mental challenges.

d. Human Relations-Youth Resources Commission - The Commission created the Hidden Brookline Committee to research the town’s slave history and to do programming in this area. Those efforts included the placing of an engraving on the wall at the Old Burying Ground honoring the enslaved persons buried in the cemetery. Additional programming, including the showing in 2010 of the film Traces of the Trade, as well as a forthcoming exhibit “From Slavery to Freedom” at the Main Library and a dramatic performance about escaped Georgian slave Ellen Craft are only some of the Committee’s projects.

E. Next Steps:

(1) Working Group to Ensure Leadership Commitment and Collaboration: The Working Group will meet regularly to establish, shape and direct the Town-wide diversity and inclusion In Board of Selectmen March 15, 2011 Page 11 of 22

initiatives. The Working Group will align diversity strategy to business strategy, collaborating with Departments, Boards and Commissions as needed. The initial focus will be on recruitment and training, and then, employee development and succession planning. They will also find ways to ensure the initiatives are sustainable; updating the Affirmative Action Commission, Human Resources Board and Board of Selectmen on its progress.

(2) Commonwealth Compact Benchmark Data: During the summer and fall of 2011, the HR Department will complete the Commonwealth Compact’s benchmark template to establish a baseline from which to help identify future actions and efforts. The Human Resources Department will work closely with the Working Group, reporting as progress is made.

(3) Employee Development and Training: The HR Department will continue to expand its employee development with an underlying focus on diversity and inclusion issues. In calendar years 2011 and 2012 senior managers and Department Heads will undergo an intense conflict resolution training that will augment the MCAD Supervisor training they concluded in the fall and winter of 2010. The goal of pairing conflict resolution and anti-discrimination training is to ensure early on that disputes, actions or conduct that could escalate to unlawful acts will be identified early and promptly corrected. Senior managers and Department Heads will also be trained on conflict coaching.

(4) Review and Development of new Diversity and Inclusion Plan: In 2011, the Human Resources Department in collaboration with the Human Relations-Youth Resources Commission and in consultation with the Town’s Legal Department, will review and update the current Affirmative Action policy and procedures and to bring them in line with the current law and to make them more reflective of the Town’s goal of ensuring all applicants and employees are treated with equitably and with dignity and respect.

(5) Acquisition of HR Information System: The HR Department will continue to seek funding for an enterprise-wide HR system that will capture recruitment and hiring data, employee turnover, as well as employee development and discipline that is not captured in its current manual processes. This lack of data limits the Human Resources and Human Services ability to make more sophisticated analyses of the workforce.

Chairman DeWitt added that in May 2011 the Town kicked off a very successful MLK Committee Celebration to review existing laws and reviews, and best practices.

Selectman Mermell asked about training and policy review. Ms. DeBow replied that they will be examining the scope; the times and the laws have changed and we need to look at best practices after 20 years when the policies were written. We will form a committee to examine the various policies out there, and come up with a charge and membership list. Selectman Mermell suggested looking at regional tie-ins for events.

Selectman Goldstein stated that the report is helpful and impressive, but we are not doing enough here. He asked why the goal is to match Brookline’s population data and not beyond. He is pleased that Selectmen Mermell will be Chairing a Committee to do more. In Board of Selectmen March 15, 2011 Page 12 of 22

Ms. DeBow added that joining the Commonwealth Compact will be helpful in sharing data, she anticipates that the percentages will be much higher. Chairman DeWitt stated that the 2010 census will be successful in identifying uncensored groups.

Stephen Bressler Director of Human Relations/Youth Resources handed out a report of the Town’s workforce, excluding the School Department, and reviewed it. (attached)

Dr. Edward Wang, Chair of the Human Relations/Youth Resource Committee added that they have the specific responsibility to enhance diversity in Brookline, and they have been working on it.

Brooks Ames, Brookline resident, provided Selectman Mermell a binder containing the Town of Brookline and Bedford’s AAO policy, Boston’s PMSA (Principal Metropolitan Statistical Area) and the City of Newton’s Fair Housing Choice. He asked if the Town no longer uses Affirmative Action. Ms. DeBow replied yes, but it is not current, it was written in 1993. Mr. Ames asked why it is on the Town’s website if it is not in practice. There is nothing that indicates it has been withdrawn, and it is unclear that it is outdated. Mr. Ames stated that the benchmark for the labor pool should not be just Brookline, why do we have to wait to implement a policy; why not practice it now?

Selectman Benka agreed that only looking at Brookline’s population is not relative to the labor market that we draw from. He noted that the PMSA concept is no longer in existence; it was withdrawn in 2003 and declared obsolete. Brookline was included in a huge area, one thing we are proposing to do is to determine where the pools are from. Chairman DeWitt added that using outdated data is looking backwards; we need to look forward and not tread water. Selectman Benka stated that we have researched what benchmark Brookline could use and acknowledged that Brookline’s data is inadequate to use, a working group will determine the factors. Chairman DeWitt stated that many factors make this a good time to start, civil service has been eliminated by 2010 Home Rule Petition. Selectman Benka added that in 2009, a Home Rule Petition for the Police Department to include Brookline High School graduates, not just residents to apply for police officer positions, this was to include METCO students that went to school here, but were not residents. The bill passed in the House, but is stalled in the Senate. There is some concern that other communities will follow. We may have to go back to Town Meeting again for it. There is another Article to allow the Town Administrator to approve all hires to ensure that hiring inside a department is not an insider game. It has been filed with the legislator, but not assigned a Bill number.

Arthur Conquest, TMM#6 stated that the data presented by the Human Resource Department does not make sense. None of the numbers add up. He suggested that the Town do a qualitative study on how minorities interact with their supervisors. He has heard many negative statements about the work environment for minorities. Mr. Conquest also noted that the Town has no blacks as a division head; the system does not work, we need to change it. In Board of Selectmen March 15, 2011 Page 13 of 22

Mariela Ames, TMM#15 asked that diverse members be invited to be part of the working group, and asked that fair housing be included in the diversity group.

LIQUOR LICENSE – CHANGE OF MANAGER

The Board considered the question of approving the application of Sichuan Garden, Inc. d/b/a Sichuan Garden, Jin Li., Manager, holder of an All Kinds of Alcoholic beverages license as a Common Victualler at 295 Washington Street for a change in Manager as follows:

FROM: Jin Li TO: Ping Jian Den

Owner Ping Jian Den stated that Ms. Jin Li has been an employee at the restaurant since 1996. All papers are in order.

On motion it was unanimously,

VOTED: To approve the application of Sichuan Garden, Inc. d/b/a Sichuan Garden, Jin Li., Manager, holder of an All Kinds of Alcoholic beverages license as a Common Victualler at 295 Washington Street for a change in Manager as follows:

FROM: Jin Li TO: Ping Jian Den

LIQUOR ALL KINDS PACKAGE STORE – TRANSFER

Public Hearing on the application of CBG Enterprises, Inc., d/b/a The Wine Press, Walter Cronin, President, holder of an All Kinds of Alcoholic Beverages license as a Package Goods Store at 1024 Beacon Street for a transfer of said license to Gora, Inc., d/b/a The Wine Press, Ajay Mehta, President.

a. Question of approving the application of Gora, Inc., d/b/a The Wine Press, Ajay Mehta, President for a Pledge of said license to Leader Bank.

Attorney Lou Dakoyannis representing the Mehta family introduced Ajay and Aaron Mehta. The family has run several businesses over the years in the area. Aaron will be the full time manager of the store. All papers are in order.

On motion it was unanimously, In Board of Selectmen March 15, 2011 Page 14 of 22

VOTED: To approve the application of CBG Enterprises, Inc., d/b/a The Wine Press, Walter Cronin, President, holder of an All Kinds of Alcoholic Beverages license as a Package Goods Store at 1024 Beacon Street for a transfer of said license to Gora, Inc., d/b/a The Wine Press, Ajay Mehta, President.

VOTED: To approve the application of Gora, Inc., d/b/a The Wine Press, Ajay Mehta, President for a Pledge of said license to Leader Bank.

LIQUOR – ALL KINDS PACKAGE STORE – TRANSFER

Continued Public Hearing on the application of Glendale Package Store, Inc., d/b/a GPS Wine & Spirits Liquors, Jason Williams, Manager, holder of an All Kinds of Alcoholic Beverages license as a Package Goods Store at 1198 Boylston Street for a transfer of said License to Northeast Package Store, LLC. d/b/a GPS Wine & Spirits, Nicholas Young, President, Manager.

Attorney Robert Allen representing Tom and Jason Williams and Christopher Shannon representing Nick Young were present. Attorney Allen provided terms and regulations for patron parking at the store. There is a verbal agreement with the Met Bar for three spaces plus a written agreement with Chestnut Hill Realty for 3 parking spaces. Mr. Allen stated that since the store has opened, business has increased 200% each week, exceeding their Allston store. This establishment has more dedicated parking spots than any other liquor store in Brookline, and the valets in the lot are helping out if needed. He reminded everyone that this is for a transfer.

Chairman DeWitt stated that there were some questions raised about Mr. Young’s lack of experience. Mr. Young replied that he has been in the retail industry for many years and was the owner of two successful businesses. Attorney Shannon replied that Mr. Young is a local person from Wellesley, he has worked in the banking field and retail industry. He has also been working for Mr. Williams for one year at his other liquor stores.

Selectman Goldstein asked if there have been any problems with deliveries to the store. Mr. Young replied there has been no obstacles, everyone has been cooperative.

Janice Kahn TMM#15 stated that she has visited the new store and has some mixed observations. She was pleasantly surprised by the store; and the valets greeted her politely, parking was not an issue. However, the valets told her that the delivery trucks were not being coordinated with the Met Bar deliveries. Also, there was no sign about parking in the store, and the neighborhood had asked that no nips be sold at the store, but there were jars of them at the counter. The establishment still looks like a work in progress, she feels that Mr. Young could have had a little more time to work there before being the owner.

In Board of Selectmen March 15, 2011 Page 15 of 22

Paula Coelho, TMM#15 presented a packet with a TAB newspaper article stating that Mr. Allen noted that no nips will be sold, a copy of a receipt for the sale of a nip, and a picture of the nip bottle bought there. She stated that the first neighborhood discussion indicated that there will be no sale of the nips. She wanted to know who was in charge of ordering the merchandise.

Jim Rourke, TMM#15 stated that he is happy to see that the storefront is no longer vacant. The owners are properly vetted, and of good character. He welcomes them.

Selectman Benka stated that he had previously voted against this transfer, but added that this may not have the problems that were anticipated. His concerns were about parking and traffic, but he has not heard of any problems relating to that.

Attorney Allen responded by stating that there have been no complaints about traffic and parking. There seems to be a lot of foot traffic, and those coming off the “T” on their way home. To address the nips, they are more of a promotional item. They are sent by the vendors to promote a product where one may not want to spend money on a large bottle to try it. It is not a condition of the license to exclude nips; they could do something other than the current display. To address the signage, Ms. Kahn is correct, there is a temporary one there now, and they are in the process of ordering the signs.

Selectman Goldstein added that the applicant has been responsive so far, and is glad that the parking issue has been addressed.

On motion it was unanimously,

VOTED: To approve the application of Glendale Package Store, Inc., d/b/a GPS Wine & Spirits Liquors, Jason Williams, Manager, holder of an All Kinds of Alcoholic Beverages license as a Package Goods Store at 1198 Boylston Street for a transfer of said License to Northeast Package Store, LLC. d/b/a GPS Wine & Spirits, Nicholas Young, President, Manager.

NOISE BYLAW WAIVER

Further consideration of granting a permit for exemption from the Noise By-Law pursuant to Article 8.15.7 of the Town By-Laws as requested by New Atlantic Development relative to work in connection with the Fisher Hill/Olmsted Project.

Chairman DeWitt stated that the Board of Selectmen will be appointing a Construction Oversight Committee (COC) as part of the original RPF process and as included in the agreement. It will include 2 Fisher Hill residents, and 1 alternate member, the Director of Planning and Community Development, one Selectman, 1 member of the In Board of Selectmen March 15, 2011 Page 16 of 22

Building Commission, the Building Commissioner or his designee, 1 at large member. She hopes the Committee will be appointed within the next couple of weeks.

Peter Roth, President of New Atlantic Development presented a graph of the columns that are underground at the reservoirs (there are 200 columns), and outlined the work that would be involved in dismantling them. He stated that from discussion with Fred Lebow, an engineer representing the Longyear Estates, they have come up with language that would amend the existing construction management plan. This would be included conditions to the requested special permit.

Included in the conditions are; addressing construction noise, limiting the hours of operation of equipment; construction of a noise barrier, measurement of noise levels, make available hearing protection if requested, monitoring truck noise, and monitoring of vibration levels.

Chairman DeWitt stated that this has been a productive effort. Some modifications were made to the original construction plan due to some neighborhood concerns. The one significant difference is that noise monitoring was asked to be continuous, which Mr. Roth indicated that the cost would be significant, and it would be difficult to have a person with the proper credentials there at all times to monitor noise.

Selectman Benka added that one issue is where you would measure the noise levels. Would you measure it 50 feet away or at the property line? Chairman DeWitt added that it would be difficult to put a location on where to measure when the equipment is continuously moving.

Fred Lebow, representing Longyear Estates added that the soil at the site is uncontaminated, and you cannot bring in spoiled soil to the site, that is why he added a soil protocol to his conditions. He also suggested that a data logger be provided to measure the sound levels. The logger automatically records the levels which can be downloaded onto a computer. Mr. Lebow stated that every construction site is different; the noise standards are not for the construction site, but for the equipment. He suggested doing a time weighted average for an 8 hour period.

Building Commissioner Mike Shepard stated that a lot has been worked out in the last couple of days.

Selectman Benka asked Mr. Roth what he felt about the time weighted average measurement. Mr. Roth replied that is fine with him, and added that his staff is not experienced with a data logger.

Gil Fishman TMM#14 and President of the Fisher Hill Association stated that peak noise levels are not average levels. He has concerns about that, and the placement of the barriers, which should be expanded. Also, this project has been in the works for 10 years now, why is the noise level just being discussed now. He also wanted to be clear that there In Board of Selectmen March 15, 2011 Page 17 of 22

will be no weekend work at the site. At a recent neighborhood meeting, the concern about truck noise and speed came up. He also mentioned the vibration detectors, and why one is not going to be placed by Newbury College.

The Board discussed speed limits in the area. It was noted that speed limits are not part of the noise By-law; there is no objection from the developer to put up some signs to limit speed during construction times. Selectman Goldstein agreed it is a noise related issue; perhaps it could be addressed at a later time. Selectman Benka referenced an email from Howard Ecker on traffic concerns. Selectman Benka noted that any modifications on Rte 9 is under the State’s jurisdiction and unlikely to be addressed in a timely matter.

Mr. Roth confirmed that the hours of work are to be done Monday through Friday. Should any problem arise, and a Saturday workday is needed, permission will be sought and proper notification will be provided.

Harvey Gertel, Holland Rd asked if the seismic monitors will record noise and vibration. The Board replied yes, vibration is included. Mr. Gertel is concerned about vibrations and placement of the monitors. He added that cars parked on both sides of the street in the neighborhood will need to be addressed so that the trucks can get through.

Mr. Roth replied the seismic monitors will be placed as close as possible to the Longyear Estates, and near the Blumenthal residence property line. He added that 2 monitors will be sufficient. Demolition can start as soon as this Friday.

Patricia Black, Longyear resident asked about the dirt pile, and hopes it will be covered; it is not right now. She also requested that someone help her protect her home to prepare for any vibrations that might disrupt her possessions. Mr. Roth replied that the dirt piles are required to be covered once they are no longer active. He has had several conversations with Ms. Black and has indicated to her that he feels there is no danger of items falling off the walls or things breaking. The vibration levels will not be strong enough to do that. He understands her concerns.

Selectman Goldstein proposed a 20 mph speed limit for construction vehicles. Mr. Roth felt that this was a restriction be could enforce.

On motion it was unanimously,

VOTED: pursuant to Section 8.15.7 of the Town’s By-Laws, to grant Olmsted Hill LLC and its contractors and subcontractors a special permit to exceed the noise limits that would otherwise be applicable under the Noise Control By-Law of the Town of Brookline, Article 8.15 of the Town’s By-Laws, subject to the following conditions:

1. This special permit shall be applicable only to the demolition of the two underground reservoirs on Fisher Hill in connection with the Olmsted Hill project.

In Board of Selectmen March 15, 2011 Page 18 of 22

2. This special permit is subject to revision by the Board of Selectmen.

3. Additional provisions will be incorporated into the Construction Management Plan as follows:

CONSTRUCTION NOISE: The Contractor will comply with the provisions herein to minimize the noise impact of the construction (which term shall include demolition) activities, and agrees to implement the following mitigation measures:

• Compliance with the Town of Brookline’s Noise Control By-Law whenever practicable, and if not, to operate within reduced hours as set forth below;

• Using appropriate mufflers on all equipment and an on-going maintenance program for intake / exhaust mufflers.

• Schedule equipment operations to keep average levels low, to synchronize noisiest operations with times of highest ambient noise levels and to strive to maintain a relatively uniform noise level.

• Prohibiting trucks from idling while standing.

• Locating noisy equipment as far as possible from sensitive areas.

• Contractor shall endeavor to manage the path of travel of delivery and other vehicles on site so as to minimize the impact of audible back-up warning devices on abutting property owners.

• A sign will be posted at the construction entrance stating “ATTENTION ALL WORKERS: You are working in a residential neighborhood. Please respect the rights of our Neighbors. Compliance with approved delivery routes, parking restrictions, and the Brookline Noise Ordinance will be strictly enforced. Failure to comply will result in immediate expulsion from the site.”

Specifically, as a condition of a Special Permit granted by the Board of Selectmen with regard to the Noise Control By-law, Owner and Contractor agree to the following:

1. To limit the hours of use of pneumatic hammer equipment (i.e. “hoe ram”) and concrete crusher to the hours of 8:30 am to 3:30 pm, Monday to Friday;

2. To use a concrete pulverizer (i.e. “concrete muncher”) as much as possible (in lieu of a hoe ram) to demolish the roof and upper sidewalls of the reservoirs, and to limit the hours of use of such concrete pulverizer to 8:30 am to 5:00 pm, Monday to Friday; In Board of Selectmen March 15, 2011 Page 19 of 22

3. To construct a temporary noise barrier of sufficient size to break the line of sight between the concrete crusher and Buildings B and C of the Longyear Estates property and to maintain such barrier at all times that the concrete crushing equipment is in use on the site. Such barrier shall consist, at a minimum, of 5/8 inch plywood with semi-rigid insulation facing the concrete crusher, as recommended by Cavanaugh Tocci Associates, an experienced professional consulting firm specializing in acoustics and noise control;

4. To engage Cavanaugh Tocci Associates to measure the operating noise levels (at 50 feet) of each piece of equipment proposed to be used at the Site within 24 hours of the commencement of their operation and to report such recorded noise levels to the Town’s Department of Public Works, Health Department, and the Building Department. Noise levels shall also be measured every 30 minutes with a data logger at the property boundaries at the point closest to construction work. The results will be submitted to the Town’s Department of Public Works, Health Department, and Building Department the next business day. Should such noise level exceed a time weighted average on a daily basis of 90 dBA, Contractor shall either, a) further limit the hours of operation of such equipment to the hours determined by the Selectman; or, b) make such modifications or undertake such mitigation as is necessary to reduce the sound level measured as indicated above.

5. Upon further request of the Town’s Department of Public Works, Health Department, or Building Department from time to time, Contractor shall engage Cavanaugh Tocci Associates to measure the operating noise levels of any equipment proposed at the Site.

CONSTRUCTION VIBRATION:

The Contractor will make every effort to employ construction techniques that will minimize vibration levels. Additionally the Developer will engage the services of geotechnical engineers McPhail Associates to perform seismic monitoring continuously during hours of all site operations to ensure that allowable vibration levels are not exceeded.

McPhail will monitor daily the vibrations produced by demolition activities on the site using seismic monitors at no fewer than two (2) locations around the periphery of the site, including one point at the periphery closest to the Longyear property and one point at the periphery closest to 74 Holland Road. Information from the seismic monitors will be reviewed daily by McPhail in order to determine that vibrations resulting from demolition operations do not exceed the levels set forth in the project specifications, which have been reviewed and approved by the Town’s Department of Public Works (“DPW”). McPhail’s reviewing engineer will provide an email summary each day of demolition operations to the Town’s Department of Public Works describing the maximum vibrations detected at each In Board of Selectmen March 15, 2011 Page 20 of 22 station on the prior day. A more formal written report will be issued by McPhail to the Town every four to six weeks.

If at any time vibration levels exceed the maximum levels set forth in the project specifications, the Town’s onsite representative will be immediately notified, demolition activities will be immediately suspended, and demolition means and methods will be adjusted to bring vibration levels down to within the specified levels.

ADDITIONAL PROVISIONS The Developer shall provide ear protection to all abutters upon request. 617-872-0948 Brian Goldson.

The developer shall insure, to the best that construction conditions will permit, all trucks with state required safety signals shall minimize reversing.

Trucks will be limited to 20 mph on Buckminster and Fisher Avenues.

All measurements at the Longyear property boundaries shall be taken at the point closest to the machinery being used.

The Health Department shall, at its sole discretion, verify noise levels at the property boundaries.

The Selectmen reserve the right to cancel the special permit if there is a violation of the conditions of the special permit.

OTHER Should anything change that alters this Construction Management Plan, a revised plan shall be submitted for approval as soon as possible.

ANNUAL TOWN MEETING WARRANT

Review of the Warrant for the May 24, 2011 Annual Town Meeting.

Deputy Town Administrator Sean Cronin presented the index of the Warrant for the May 24, 2011 Annual Town Meeting.

ARTICLE NO. TITLE

1. Appointment of Measurers of Wood and Bark. (Selectmen)

2. Approval of Collective Bargaining Agreements. (Human Resources) In Board of Selectmen March 15, 2011 Page 21 of 22

3. Annual Authorization of Compensating Balance Agreements. (Treasurer/Collector)

4. Report on the Close­out of Special Appropriations / Bond Authorization Rescission. (Selectmen)

5. Approval of Unpaid Bills of a Prior Fiscal Year. (Selectmen)

6. Acceptance of Legislation to Increase Property Tax Exemptions. (Assessors)

7. Approval of Adjustments to Factors Applicable to the Qualification for the Elderly Tax Exemption Permitted by General Laws Chapter 59, Section 5, Clause 41C. (Board of Assessor’s and Council on Aging)

8. FY11 Budget Amendments. (Selectmen)

9. Annual (FY12) Appropriations Article. (Advisory Committee)

10. Amendment to Article 5.6 of the Town’s By-Laws – Preservation Commission and Historic Districts - - creation of the Lawrence Local Historic District. (Preservation Commission)

11. Amendment to Article 7.7 of the Town’s By-Laws – Removal of Snow and Ice from Sidewalks -- make the Town responsible for plowing and sanding sidewalks in residential districts. (Petition of Seymour A. Ziskend)

12. Amendments to the Zoning By-Law -- establishment of a Cleveland Circle Hotel Overlay District. (Petition of John VanScoyoc)

13. Amendment to Article 2 (Definitions) of the Zoning By-Law -- definitions of “hotel” and “limited service hotel”. (Director of Planning and Community Development)

14. Amendments to the Zoning By-Law -- relative to the work of the Davis Path Special District Zoning Committee. (Davis Path Special District Zoning Study Committee)

15. Amendment to Section 5.73.1 of the Zoning By-Law – Rear Yards in Business or Industrial Districts -- technical clarification to calculations for rear yards in business/industrial districts neighboring residential districts. (Director of Planning and Community Development)

In Board of Selectmen March 15, 2011 Page 22 of 22

16. Amendment to Sections 5.45 (Traffic Visibility Across Corners), 5.62 (Fences and Terraces in Side Yards), and 5.74 (Fences and Terraces in Rear Yards) of the Zoning By-Law -- fencing requirements. (Planning Board)

17. Acceptance of the Provisions of General Laws Chapter 138, Section 33B -- allows for the sale of alcoholic beverages by on-premise licensees on Sundays and certain legal holidays between the hours of 10:00 a.m. and 12:00 noon. (Selectmen)

18. Resolution to Honor Michael and Kitty Dukakis. (Petition of Brian Kane)

19. Resolution Concerning Traffic Calming. (Petition of Hugh Mattison)

20. Resolution Against the Use of Robocalls in Political Campaigns. (Petition of Michael A. Burstein)

21. Legislation to Remove Brookline from Norfolk County. (Petition of Frederick Lebow)

22. Vote to Accept a Grant of a Surface Water Drain Easement from the MBTA -- a portion of land at or near Station Street and Pearl Street. (Commissioner of Public Works)

23. Reports of Town Officers and Committees. (Selectmen)

There being no further business, the Chair adjourned the meeting at 11:00 pm.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date 1. Copy of moa 6 Steps to success info packet 7 Budget book 8 Draft copy/executive summary/binder from BAames/report from SBressler 9 Application 11 Application 12 Application/parking agreement/packet from PCoelho 13 Memo from TA to bos/draft conditions/draft vote from RBenka/notes from FLebow/email form DKasper,HEcker 14 Index articles 15 Copy minutes March 8 16 Email to BOS from TGuigli

In Board of Selectmen 6th Floor Hearing Room March 22, 2011

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein

The Minutes of February 15, 2011 were approved as amended Daly abstained

In Board of Selectmen March 22, 2011 Page 2 of 12

ANNOUNCEMENTS Selectmen to announce recent and/or upcoming Events of Community interest.

March 23 food drive at the Senior Center March 23, Steps to Success benefit at Jerry Remy’s restaurant March 26, walking tour, Walnut Street Cemetery March 27, Pierce School gardening workshop April 2, Brookline Rotary pancake breakfast April 9, Brookline Education Foundation, Lincoln School

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

Arlene Mattison, President of Greenspace Alliance presented the Board with a plaque from the American Planning Association awarding the Emerald Necklace one of the top ten great places in America. Brookline is a major piece of the Emerald Necklace.

OLMSTEAD HILL OVERSIGHT COMMITTEE

The Board considered the question of appointing an Oversight Committee for the Olmsted Hill construction project.

Chairman DeWitt announced that she has visited the site today and was glad to note that the noise level was not at the level she expected.

On motion it was unanimously,

VOTED: The following members to the Construction Oversight Committee for the Olmsted Hill construction project.

The COC shall consist of seven (8) members from the following:

Fisher Hill residents Gill Fishman, Wayne Saker, Alternates Mike Oates/Pam Lodish (sharing), The Director of Planning and Community Development or designee, Selectman Betsy DeWitt, member of the Building Commission: David Pollack, Building Commissioner Mike Shepard or designee, One (1) at-large member: Kathy Spiegelman (PSC/HAB)/Steve Heikin (PB/HAB)(sharing).

In Board of Selectmen March 22, 2011 Page 3 of 12

EXTRA WORK ORDER

The Board considered the question of approving Extra Work Order #1 in the amount of $21,160.00 in connection with work to be performed by Mario Susi & Sons/Susi Brothers, LLP in connection with Contract No. PW/11-16 “ Repair of Bituminous Concrete Patches. Said work order to be funded from account 4909K0586H0026. (Street Rehab).

Director of Engineering Peter Ditto stated that this extra work order is for replacement of pavement at Babcock and Harvard Streets. The work will include updates to the traffic signal to allow better traffic flow on Harvard Street.

On motion it was unanimously,

VOTED: To approve Extra Work Order #1 in the amount of $21,160.00 in connection with work to be performed by Mario Susi & Sons/Susi Brothers, LLP in connection with Contract No. PW/11-16 “ Repair of Bituminous Concrete Patches. Said work order to be funded from account 4909K0586H0026. (Street Rehab).

CDBG ENTITLEMENT

Review of the recommendations on the Proposed FY2012 Community Development Block Grant (CDBG) Entitlement.

Selectman Daly expressed concern about proposed cuts to the CDBG program and asked if Brookline can expect a reduction in grants. She asked if staffing positions will be effected. Jeff Levine Director of Planning and Community Development replied that they are below the 20% cap for administration, and hopes any cut will be manageable.

Marian Parker, Chair of the CDBG Advisory Committee, stated that in reviewing the funding it was noted that there were more request for funds than were available. They were appropriated as best they could. They are planning for a FY12 assuming a level funded budget.

Selectman Benka asked about the “BHA emergency envelope and entry renovations” that requested $447,000.000, and is advised for zero. Ms. Parker replied that the Brookline Housing Authority put in some handicapped accessibility to some of their buildings to give them a better chance to federalize them. Selectman Benka asked about the Affordable Housing request of $534,870.00. Mr. Levine replied that this is for the Trustman Apartments on Dummer Street rehabilitation project.

Selectman Daly added that the BHA can apply for Affordable Housing Funds if the project qualifies; larger projects are hard to fund all at once. In Board of Selectmen March 22, 2011 Page 4 of 12

Selectman Goldstein asked about the Senior Center Reconstruction Project which requested $50,000.00. Ms. Parker replied that the Alzheimer’s daycare program has been discontinued, and to make better use of the space, and exercise room will be built out for seniors use.

Then Board thanked them for the update, and hopes the Federal Government will not make major cuts to this important program.

GRANT

The Board considered the question of accepting a Grant in the amount of $16,000 from the Massachusetts Historical Commission for the Fisher Hill Gatehouse Conditions Study.

Preservation Planner Greer Hardwicke stated that the Town has been awarded matching funds for the Fisher Hill Gatehouse Conditions Study. The Preservation Department will be matching it with $4,000.00 in cash to bring the total funds to $20,000.00. They are now working on an in-kind match.

The Board noted that the Parks and Recreation Commission will be discussing renovations at the Fisher Hill Reservoir and the study will be helpful.

On motion it was unanimously,

VOTED: To accept a Grant in the amount of $16,000 from the Massachusetts Historical Commission for the Fisher Hill Gatehouse Conditions Study.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to the Driscoll School PTO in connection with a fundraiser to be held on March 26, 2011 from 6:30 p.m. to 10:30 p.m. at the Driscoll School Gym, 64 Westbourne Terrace.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to the Driscoll School PTO in connection with a fundraiser to be held on March 26, 2011 from 6:30 p.m. to 10:30 p.m. at the Driscoll School Gym, 64 Westbourne Terrace.

In Board of Selectmen March 22, 2011 Page 5 of 12

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to Boston University – BU Academy in connection with a Banquet to be held on April 8, 2011 from 6:30 p.m. – 11:00 p.m. at 888 Commonwealth Avenue.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to Boston University – BU Academy in connection with a Banquet to be held on April 8, 2011 from 6:30 p.m. – 11:00 p.m. at 888 Commonwealth Avenue.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary All Kinds of Alcoholic beverages license to the Brookline Education Foundation, Inc. in connection with a Gala to be held on April 9, 2011 from 6:00 pm – 11:30 pm at the Wm. H. Lincoln School, 19 Kennard Road.

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic beverages license to the Brookline Education Foundation, Inc. in connection with a Gala to be held on April 9, 2011 from 6:00 pm – 11:30 pm at the Wm. H. Lincoln School, 19 Kennard Road.

RESOLUTION

The Board considered the question of adopting a Resolution in Support of Updating the Massachusetts Bottle Bill.

Janet Domenitz, Executive Direct of Masspirg outlined the following petition for updating the Massachusetts Bottle Bill:

The Bottle Bill was passed into law in 1982 as the result of a popular referendum campaign. This was the first statewide recycling program in Massachusetts, and it remains our most successful recycling program.

Here’s how it works: When a retailer in Massachusetts buys beverages from a distributor, a five-cent deposit is paid to the distributor for each can or bottle purchased. When buying a beverage, the consumer pays the deposit to the retailer. The five-cent deposit is refunded when the consumer returns the empty beverage container to the retail store, a redemption In Board of Selectmen March 22, 2011 Page 6 of 12

center or a reverse vending machine. The retailer recovers the deposit from the distributor, plus an additional handling fee of $0.225 for handling the empty bottles and cans. The end result: containers end up recycled and reused instead of thrown away.

Not all consumers redeem their containers for the deposit. In Massachusetts, distributors and bottlers are required to turn over unclaimed deposits to the state. These funds used to go to the state’s Clean Environment Fund, which supported local and statewide recycling efforts.

Now we need to update the Bottle Bill: so that the deposit covers new containers, so that the handling fee is increased, and so that we can restore the Clean Environment Fund.

Selectman Goldstein asked why water and sports beverages were excluded to begin with. Ms. Domenitz replied that when the bill was first enacted, bottled water and sports drinks were not on the market.

Selectman Daly stated that it appears to be a tax, she would rather see more recycle bins in public places to reduced litter and increase recycling. Ms. Domenitz replied that it is not a tax; it is a deposit. She hopes that the bill can come to the floor of the legislature, and this debate can happen there.

Selectman Mermell asked where the deposit goes. Ms. Domenitz replied that originally it went to the distributors, then it went to an appropriated fund by the DEP, that has been dismantled, now it goes to the general fund.

On motion it was unanimously,

VOTED: To adopt a Resolution in Support of Updating the Massachusetts Bottle Bill

RESOLUTION IN SUPPORT OF UPDATING THE MASSACHUSETTS BOTTLE BILL

Whereas, The Massachusetts Bottle Bill, enacted in 1982 has allowed Brookline residents to enjoy a cleaner environment by creating an incentive for users of certain beverage containers to recycle those used containers; and,

Whereas, states with deposit laws have higher residential recycling rates of beverage containers and litter decrease is 70%-85% than those of non-deposit states, and;

Whereas, through the Massachusetts Bottle Bill, we recycle nearly 80% of containers of deposit containers, but only 20% on non-deposit containers, and

In Board of Selectmen March 22, 2011 Page 7 of 12

Whereas, the Governor of the Commonwealth, and members of the Massachusetts Senate and House of Representatives have recognized that the original bottle bill does not take into account those beverages such as bottled water, sports drinks, and teas.

Whereas, the addition of bottled water, sports drinks and teas to the Bottle Bill will decrease the total volume of municipal solid waste that is needed to be collected, thus saving disposal fees and landfill space.

Be It Therefore Resolved, that we, the Board of Selectman of the Town of Brookline commemorate the 27th anniversary of the implementation of the Massachusetts Bottle Bill.

Furthermore, Be It Resolved that: the Town of Brookline be placed on record as being in support of the Massachusetts Beverage Container Deposit Law and encourages it's strengthening through expanding the list as recommended by the Governor in his proposed budget and currently being considered by the House and Senate Joint Committee on Telecommunications, Utilities and Energy.

Furthermore, Be It Resolved that the Town of Brookline goes on record in supporting programs that encourage residents and visitors to return or recycle all beverage containers and other recyclable materials to fully utilize the currently available recycling programs.

Be it Further Resolved that the Town instructs our state representatives and state senators, and our governor to support and vote in favor of updating the Massachusetts Container Beverage Law.

HIDDEN BROOKLINE

Dr. Barbara Brown of the Human Relations/Youth Resources Commission Hidden Brookline Committee appeared to update the Board on upcoming events.

Dr. Brown stated that the Main Library will be hosting in conjunction with an exhibit, “Slavery and Freedom in Brookline,” the Ellen Craft story. Ellen Craft, the daughter of an enslaved woman and her white master, disguised herself as a white gentlemen while her husband, William, posed as her body servant during a dramatic and dangerous escape from Georgia in 1848. The couple eventually hid in Brookline. The story will be enacted by Marcia Estabrook.

The Board looks forward to this program event and thanked Dr. Brown for the update.

In Board of Selectmen March 22, 2011 Page 8 of 12

BOARDS AND COMMITTEES The following candidates for appointment /reappointment to Boards and Committees will appear for interview:

Retiree Health Care Committee -Fran Peters is a Principal and consultant for Meketa Investment Group. He consults on various defined benefit, health &welfare, and insurance funds. Mr. Peters is a member of the Massachusetts Association of Contributory Retirement Systems. He holds an M.B.A in Finance, and a B.S. in Business Administration.

Transportation Board -Pam Zelnick is applying for re-appointment. She has been on the Board for over three years. Ms. Zelnick would like to continue to work on policies for taxi drivers, traffic congestion, and parking enforcement to ensure pedestrian safety.

FY2012 FINANCIAL PLAN

Review of the following FY2012 Departmental budgets:

Town Counsel Planning Department Recreation Department

Town Counsel

Town Counsel Jennifer Dopazo stated that the budget reflects an increase of $10,129 due to personnel and services increases. The services are for software maintenance. The Office of Town Counsel handles all litigation and legal affairs including personal injury and property damages cases; all contract drafting; dispute resolution and litigation, and represents the School Department in all aspects including special education hearings and appeals. The Department also assists Town Meeting, Town Departments, and the Finance Department in tax abatements and foreclosures, and offers assistance on any personal matters. Town Counsel’s Office has won several important cases against the Town this past year and will continue its efforts in protecting The Town of Brookline.

The Board acknowledged the impressive work the office does, and the cost savings it provides to the Town.

Planning Department Director of Planning and Community Development Jeff Levine stated that the budget reflects an increase of .4%, due to an increase of personnel (.8%), and offset by a decrease in capital, leased computer costs. The Department has been able to do more duties with the same staff level. They provide technical and administrative assistance to the Design Advisory Team working on the Fisher Hill Reservoir site, works In Board of Selectmen March 22, 2011 Page 9 of 12

with the Zoning By-law Committee on potential zoning changes, works with the Planning Board, Board of Appeals, and other Town Boards and Commissions. They have been very active with the Climate Action Committee to encourage the Brookline community to adopt more energy efficient activities and provide assistance to help residents become involved with energy efficient programs.

Selectman Daly asked about the Building/Planning comprehensive checklist and asked if it is up and running to track projects. Mr. Levine replied that it is up and running, but, some kinks need to be adjusted. Selectman Benka asked about potential cuts to CDBG funds. Mr. Levine replied that they usually receive a target number to work with. CDBG told them to use last year’s numbers. They are tracking it closely. Selectman Benka asked if staff could be moved around to help out other areas within the Department when needed. Mr. Levine replied that they try to do that now. There are some limitations due to union employees, and those under CDBG funding. Their goal is to make sure their resources are being used efficiently.

Recreation Department Recreation Director Lisa Paradis stated that the Recreation Department maintains three budgets: General Fund, the Golf Course Enterprise, and the Recreation Revolving Fund. The budget reflects an increase of 5.1% due to the addition of staff, a Certified Therapeutic Recreation Specialist. This position will offer new programs and address out of school times activities for kids that need inclusion services. There are no major changes in spending in this budget. They have been working on the cost recovery process, and the execution of the recommendation of the 2010 National Golf Foundations study that was done on the Golf Course. The Golf Enterprise fund is at $1,204,000 which reflects a decrease of $62,000 due to decreases in personnel, services, and supplies. The Capital project to address drainage at the course is a major factor to help sustain the course. The Revolving Fund is at 2,054,280, which reflects an increase of $199,239 which is due to a shift in staff positions, which included expenses at the Skating Rink which was previously funded through Parks and Open Spaces, and an additional Lead Teacher at the Soule Center.

The Recreation Department provides financial aid for its programs and is fortunate to have volunteer hours that are equivalent to a cost of approximately $199,000. The Department will continue to partner with the School Department to provide afterschool activities.

Selectman Daly asked if their recovery cost was more than the average community. She hopes we are not pricing out members of the community. Ms. Paradise replied that there is a price per program within its cost recovery percentage. They make sure that they are not priced out of their cost recovery category. Selectman Daly asked about the drainage project. Ms. Paradis stated that the equipment will be small; there should not be much disruption to the course.

Selectman Benka asked about the summer program; because the importance of kids not losing the programs they made during the school year, he asked how the Recreation In Board of Selectmen March 22, 2011 Page 10 of 12

Department worked with the schools. Ms. Paradis replied that those kids that go to extended school programs will be placed into similar camp programs, working with the School Department.

Selectman Goldstein asked about youth baseball. This is a private not for profit program, and he hopes that user fees will be contained. This is a program that that is saving the Town from running their own program. This program does not have the ability to offer scholarships, and hopes that the Town can assist in this. Ms. Paradis replied that the Commission’s position has been to work with them. We have provided them with all of the information they have asked for; it is not our intent to apply a cost to an organization, and for them pass it on to those who can’t afford it. They have tried to work with them on a shared cost, because there is a cost and an allocation of expenses from recreation.

WARRANT ARTICLES

Approval and execution of the Warrant for the May 24, 2011 Annual Town Meeting.

On motion, it was unanimously,

VOTED: To execute the Warrant for the May 25, 2010 Annual Town Meeting.

WARRANT ARTICLES

Review of the following Warrant Articles for the May 24, 2011 Annual Town Meeting:

No. Article

1. Measurers of Wood and Bark (Selectmen)

On motion it was unanimously,

VOTED: Favorable Action on Article 1.

No. Article

2. Collective Bargaining Agreements (HR)

Human Resources Director Sandra DeBow stated that an agreement has been made with the Town and AFSCME Council 93, Local 1358. There are some continued talks with other Unions.

On motion it was unanimously, In Board of Selectmen March 22, 2011 Page 11 of 12

VOTED: To approve and fund by an appropriation, provided for in the FY2011 (Item #21) and FY2012 (Item #21) budgets, for the cost items in the following collective bargaining agreements that commences on July 1, 2009 and expires on June 30, 2012: AFSCME Council 93, Local 1358 all as set forth in the report of Sandra DeBow, Director of Human Resources, dated March 22, 2011, which report is incorporated herein by reference.

WARRANT ARTICLES

No. Article

3. Compensating Balances (Treasurer/Collector)

On motion it was unanimously,

VOTED: That the Town authorize the Town Treasurer, with the approval of the Selectmen, to enter into Compensating Balance Agreement(s) for FY2012 in accordance with General Laws Chapter 44, Section 53F

No. Article

4. Special Appropriations Close-outs/Debt Rescission (Selectmen)

On motion it was unanimously,

VOTED: No Action on Item 1 Favorable Action on item 2.

No. Article

8. FY11 Budget Amendments (Selectmen)

This Article was held.

BOARDS AND COMMISSIONS

The Board considered the question of making appointments to the following Boards and Commissions:

Brookline Access Television Retiree Healthcare Trust Committee Transportation Board In Board of Selectmen March 22, 2011 Page 12 of 12

Retiree Healthcare Trust Committee

On motion it was unanimously,

VOTED: To appoint Bobbi Kaplan to the Retiree Healthcare Trust Committee.

VOTED: To appoint Fran Peters to the Retiree Healthcare Trust Committee.

Transportation Board

On motion it was unanimously,

VOTED: To re-appoint Pam Zelnick to the Transportation Board for a term ending August 31, 2013 for until a successor can be appointed.

There being no further business, the Chair adjourned the meeting at 9:30 p.m.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date

5. resolution/masspirg memo 6.Ellen Craft flyer 7.Applicaitons/resumes 9. budget book/brookline rec cost recovery policy proposal 10.warrant 11.articles 12. applications/resumes 13. minutes of march 15 14. Olmsted Hill construction oversight recommendations 15.letter from DPW commissioner to Bos/WRO #1/contract amendment approval form 16. memo from CDBG Advisory to BOS w/proposal of budget 17. memo from Preservation staff to TA/leeter to Preservation from Comm of mass/narrative statement 18. application 19. application 20. application

In Board of Selectmen March 29, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka, and Kenneth Goldstein

The Minutes of March 22, 2011 were approved as amended

In Board of Selectmen March 29, 2011 Page 2 of 15

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

March 30, The League of Women Voters will be meeting at Town Hall March 30, Design Review for the Olmstead Hill Project meeting at Town Hall April 2, Brookline Rotary Pancake Breakfast at the High School April 3, CPR Training at the High School April 6, Woman who Walk forum at the Main Library

SELECTMEN UPDATES

Reports by individual Selectmen on activities related to carrying out the responsibilities of the Board.

The Waterworks Museum opening was a successful event, and a visit is recommended visiting.

BOSTON MARATHON

Josh Nemzer of the BAA appeared to request a Special Use Permit in connection with the running of the BAA Marathon on April 18th.

Mr. Nemzer outlined the Boston Marathon changes to this year’s race. The race will add a third starting time to prevent congestion in the starting area. This will add about ten minutes to the road opening near the end of the race. As usual, the BAA has met all the necessary requirements, and has worked with the appropriate Town Departments and Officials to make this year’s event run smoothly.

On motion it was unanimously,

VOTED: To grant the request for a Special Use Permit in connection with the running of the BAA Marathon on April 18th.

DONATION

The Board considered the question of accepting a donation in the amount of $200 for the Green Dog Program.

The Board noted that this donation will be used for what it is intended. This will be used for support of the Green Dog Program. The Board thanked Ms. Zelnick for the In Board of Selectmen March 29, 2011 Page 3 of 15

donation and added that the Town will work with dog owners that are in need of financial assistance to acquire a Green Dog license. On motion it was unanimously,

VOTED: To accept a donation in the amount of $200 for the Green Dog Program.

CONTRACT

The Board considered the question of approving and executing a contract with Kaestle Boos Associates, Design of Pierce School Auditorium Renovations, Phase 1, in the amount of $21,000.00. Said contract to be funded as follows:

2507K038 6B0091 $ 2,623.22 2510K038 6B0091 $18,376.78

Project Administrator Tony Guigli stated that this contract is for the Design of the Pierce School Auditorium renovations. It is the first phase of the project.

On motion it was unanimously,

VOTED: To approve and execute a contract with Kaestle Boos Associates, Design of Pierce School Auditorium Renovations, Phase 1, in the amount of $21,000.00. Said contract to be funded as follows:

2507K038 6B0091 $ 2,623.22 2510K038 6B0091 $18,376.78

HEATH SCHOOL

The Board considered the question of approving the Heath School Project Scope and Budget Agreement with the Massachusetts School Building Authority and authorizing the Town Administrator to execute said Agreement.

Deputy Town Administrator Sean Cronin stated that the MSBA will be voting on this project, and will be committing to funding almost 40% of the project. This is the first important step in going forward with this school project.

On motion it was unanimously,

VOTED: To approve the Heath School Project Scope and Budget Agreement with the Massachusetts School Building Authority and authorizing the Town Administrator to execute said Agreement. In Board of Selectmen March 29, 2011 Page 4 of 15

GRANT APPLICATION

The Board considered the question of authorizing submittal of a grant application to ICLEI to fund Brookline Green Business Challenge.

Commercial Areas Coordinator Marge Amster stated that Brookline has joined ICLEI-Local Governments for Sustainability. This grant would assist local businesses in improving their energy efficiencies, climate, and environmental goals. An example would be to help businesses remove the use of plastic bags for their patrons.

On motion it was unanimously,

VOTED: To authorize submittal of a grant application to ICLEI to fund Brookline Green Business Challenge.

GRANT

The Board considered the question of accepting a grant in the amount of $34,715.41 from FEMA to reimburse the Town for expenses related to the March 2010 flood.

Assistant Town Administrator Melissa Goff stated that in October, the Board authorized the Town Administrator to request reimbursement from FEMA for the March 2010 flood damages. The funds are now starting to come in.

Selectman Benka asked about residents that were damaged by the flood. Town Administrator Mel Kleckner replied that the Police Department has been assisting with them with the application to FEMA.

On motion it was unanimously,

VOTED: To accept a grant in the amount of $34,715.41 from FEMA to reimburse the Town for expenses related to the March 2010 flood.

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting a temporary All Kinds of Alcoholic beverages license to the Larz Anderson Auto Museum in connection with a Dinner Reception to be held on April 1, 2011 from 6pm – 10pm at 15 Newton Street.

On motion it was unanimously, In Board of Selectmen March 29, 2011 Page 5 of 15

VOTED: To grant a temporary All Kinds of Alcoholic beverages license to the Larz Anderson Auto Museum in connection with a Dinner Reception to be held on April 1, 2011 from 6pm – 10pm at 15 Newton Street.

BOARDS AND COMMITTEES

The following candidates for appointment /reappointment to Boards and Committees will appear for interview:

Brookline Access Television Board Anne Shreffler

Anne Shreffler- is employed by WGBH as the Boston Social Media Editor. Ms. Shreffler has previously worked as a Project Editor and Assistant Producer in the New York Media market. She holds an MA from CUNY Graduate School of Journalism and a BA in English from Lehman College. Ms. Shreffler has been attending BAT meetings, and is recommended by the BATV Board.

HEALTH DEPARTMENT PERSONNEL

The Board considered the question of authorizing the filling of a vacancy in the position of Senior Public Health Inspector (GN-10) in the Health Department.

Director of Public Health Alan Balsam stated that the prior incumbent has been on maternity leave and has recently decided to resign from her position to stay home with her baby.

On motion it was unanimously,

VOTED: To authorize the filling of a vacancy in the position of Senior Public Health Inspector (GN-10) in the Health Department.

GOLF COURSE RFP

The Board considered the question of awarding and executing the contract for the RFP #P-11-14 Proposal for Food Service/Wine and Beer Concession License at Robert T. Lynch Municipal Golf Course to JJAKS LLC for the Recreation Department.

Chairman DeWitt stated that there will be no action on this item this evening. The food service contract is awarded under the Massachusetts Uniform Procurement Act, 30B. The process is designed to be objective and to not provide insider deals. The Parks and Recreation Commission formed a committee with the task of ranking the proposals. They have requested additional information before making a final vote. Because of this, the In Board of Selectmen March 29, 2011 Page 6 of 15

Selectmen cannot take a vote without a prior vote from the Park and Recreation Commission.

FY2012 FINANCIAL PLAN

Review of the following FY2012 Departmental budgets:

Library Health Veterans Council on Aging Human Relations/Youth Resources

Library

Library Director Chuck Flaherty stated that the budget reflects an increase of 2.9%. This is mainly due to a reallocation of funds that were previously put into the Personnel Services Reserve. This was done in order to meet State accreditation. This year the Library did not qualify for State aid. Services increased 22.6% due to maintenance money that was always in the Building’s budget for Library projects being moved into the Library’s budget. There was an increase for supplies of Library materials.

The Libraries have successfully implemented the RFID systems. This has improved library service. The Putterham Library had a solar powered panel put in the roof to provide electrical savings. They introduced the Naxos Music Library, which provides streaming classical, jazz and world music from the Library’s website.

The Board discussed electronic media, and wondered if there should be some concern on the future of libraries. Mr. Flaherty replied that he feel libraries will not be going out any time soon. It is important that libraries remain relevant. The library does provide audio books. An area that needs to be worked out is the licensing on them. Some licenses are limiting circulations. Brookline Libraries will continue to provide current reading materials, programs and technology to the community.

Health

Director of Public Health Alan Balsam stated that the budget reflects an increase of 3.2%, primarily due to personnel increases. This was due to a position being moved from contractual to staff of a Public Health Nurse. This also reflects a decrease in services from contractual services of 28.7% from the previous position.

The Health Department continues to work with Public Safety on the Town's Emergency Management Team. The Department provides community health campaigns, In Board of Selectmen March 29, 2011 Page 7 of 15

programs, and education, as well as environmental safety, food safety, mental health and substance abuse assistance, and children’s health services.

Selectman Mermell noted the implementation of technology devices for field staff. Dr. Balsam stated that it is working well. It provides faster service time and better resident interaction; however, digitizing their files is a task that is taking some time to do.

Selectman Benka asked about making a public health nurse or other Health Department personnel available at food pantries to provide contact with individuals who might not otherwise interface with the Department. Dr. Balsam said this might be possible, perhaps one time a month, and might be done in the forum of a program that would be less threatening, such as a blood pressure clinic.

Veterans

Veterans Director Bill McGroarty stated that the budget reflects an increase of 0.7% due to personnel increases. The Veterans Department provides financial aid and assistance in paying for medical bills for those that qualify. The Department receives reimbursement for 75% of the benefits from the State. The Director serves as Coordinator of the Emergency Management Team, and is responsible for the planning of all Memorial Day activities. The Veterans Department continues its commitment to assisting veterans and their dependents where they can. The Director noted the rededication of the Civil War tablets scheduled for Memorial Day.

Council on Aging

Director of Council on Aging Ruthann Dobek stated that the budget reflects a 4.1% increase. This is due to personnel increases which includes an increase of hours for a Clinical Social Worker. Utilities increased 42.5% due to water and sewage charges that were previously budgeted within DPW’s budget.

Ms. Dobek stated that the Council on Aging is very fortunate to benefit from volunteers and fundraising events. The Brookline Council on Aging is responsible for planning, coordinating, and providing services to Brookline residents age 60 and older.

The Board acknowledged the important services they provided on a limited budget with the generous help from the community and collaboration with Town Departments.

Human Relations/Youth Resources

Director of Human Relations/Youth Resources Stephen Bressler stated that the budget reflects a 0% increase. The budget is level funded. The Department of Human Relations/Youth Resources works to develop opportunities within Brookline for those who are discriminated against for jobs, education and housing. Some of the duties the In Board of Selectmen March 29, 2011 Page 8 of 15

Director performs are: Affirmative Action Officer, Fair Housing Officer, and Americans with Disabilities Coordinator.

MAPC – MOU

Marc Draisen, Director of MAPC appeared to request that the Board sign on to and execute a Metro Boston Consortium for Sustainable Communities Memorandum of Understanding.

Marc Draisen Director of MAPC reviewed the following information:

The Metro Boston Consortium for Sustainable Communities (“the Consortium”) is a broadly-based coalition committed to implementing MetroFuture: Making a Greater Boston Region, the regional blueprint for sustainable and equitable development in Metro Boston, to better the lives of the people who live and work in the region between now and the year 2030. To help achieve this vision, in October 2010 the US Department of Housing and Urban Development awarded the Consortium a 3-year, $4 million Sustainable Communities Regional Planning Grant (“the Grant”) to help implement this groundbreaking plan.

The core of the program will help to make sustainable and equitable development a reality through intensive local planning and zoning efforts in a limited number of communities, including multi-jurisdictional efforts. These efforts, tailored to different community types, will apply existing tools and new best practices in an integrated way so as to achieve equitable and sustainable outcomes. See next page for examples of the kinds of projects this will include.

Together, these place-based efforts will inform the development of new tools and models for local implementation of the MetroFuture vision, with a distinct approach for each of our four community types. These tools and models will continue to advance MetroFuture long after the funding period ends.

The Consortium will also conduct regional and state-level policy work designed to remove barriers and create incentives for smart growth.

The Consortium includes municipalities; state agencies; community based organizations; advocacy groups; academic institutions; business interests; foundations; public housing authorities; and other partners committed to building a livable, sustainable, and equitable region. A 27-member Steering Committee governs the Consortium. The Metropolitan Area Planning Council (MAPC) staffs the Consortium. Between 2011 and 2014, the Consortium and MAPC will engage diverse public, community and civic partners in the work of implementing MetroFuture.

In Board of Selectmen March 29, 2011 Page 9 of 15

The Board asked Jeff Levine, Director of Planning and Community Development his thoughts on the agreement and any concerns he may have about time commitments.

Mr. Levine replied that he is in favor of the consortium, and feels that the dedicated time is minimal and could be managed. It was noted that the board could not bind Boards in the future, or Town Meeting, to any future programs or expenditures.

On motion it was unanimously,

VOTED: To sign on to and execute a Metro Boston Consortium for Sustainable Communities Consortium Agreement.

WARRANT ARTICLES

Review of the following Warrant Articles for the May 24, 2011 Annual Town Meeting:

No. Article

10. Lawrence Local Historic District (Preservation Commission)

James Batchlelor, Preservation Commission stated that the Preservation Commission slightly modified the boundaries as submitted based on neighborhood reaction and differences in architecture of the properties. The original proposal had 68% of the surveyed residents in favor of the redistricting, and the modified map has 80% in favor. Of those surveyed, 2 were against and 2 were neutral.

Murray Dewart, TMM#3 spoke in favor of the Article. He would like to see the beautiful Victorian homes remain in the neighborhood.

Doris Partan, 200 Kent Street spoke in favor of the Article. She would like to see the Town preserve what is there, and keep the neighborhood cohesive.

Debra Good, Newell Rd spoke in favor of the Article. This area is a gateway into Brookline and she would like to see the streetscape remain as it is. Many homes are on the National Historic Register, and there is a threat that developers could come in and do what they want by right, changing the beauty of the neighborhood.

Larry Koff, Precinct 3, stated that this started as a broader neighborhood commitment to save 240 Kent Street, which has a beautiful setback, to ensure that any changes are appropriate to the scale. After the fire on Harrison St. as a right the developer put up the largest dwelling he could fit in under the allowed FAR. Unfortunately, the property is not a beautiful addition to the neighborhood. There is a tremendous desire to In Board of Selectmen March 29, 2011 Page 10 of 15

acquire these lots, subdivide them and produce something below the character that currently exists.

Explanation:

At a special meeting on December 15, 2010, the Preservation Commission received a petition signed by a large group of neighbors, who live within an area of Kent Street, Francis Street, Newell Road, Toxteth Street, Perry Street, Harrison Street, Kent Square and part of Aspinwall Avenue, requesting that a new local historic district be established for their neighborhood. The Commission voted to instruct the Commission’s staff to work with neighbors and a consultant to prepare a preliminary study report as required by M.G.L. Chapter 40C and to consider appropriate boundaries for such a local historic district.

A preliminary study report was prepared by consultant Tim Orwig which describes the historical, architectural, and cultural significance of the residential neighborhood that includes parts of Kent Square, Kent Street, Francis Street, and Toxteth Street, Aspinwall Avenue on one side; all of Newell Road and Harrison Street.

Based on the conclusions in the report, the Brookline Preservation Commission voted at its January 11, 2011 meeting to accept the preliminary study report for submission to the Massachusetts Historical Commission and the Brookline Planning Board as required by M. G. L. Chapter 40C.

The Preservation Commission, at its March 8th meeting, voted to submit a warrant article to Town Meeting with a slight modification (based on architectural considerations) to the boundaries of the district in the preliminary study report.

There will be a Public Hearing on the matter on March 21, 2011, as per M.G.L. Chapter 40C, after which time the final study report will be completed and reviewed for acceptance.

Under Article 5.6, Preservation Commission and Historic Districts By-law of the Town By-laws, any proposed local historic district must be approved by a 2/3 vote of Town Meeting. There are currently five local historic districts in Brookline: Cottage Farm, established in 1979; Pill Hill, established in 1983; Graffam-McKay established in 2004; Harvard Avenue established in 2005; and Chestnut Hill North established in 2005.

There was no vote on Article 10.

No. Article

12. Zoning – Cleveland Circle Hotel Overlay District (John VanScoyoc)

In Board of Selectmen March 29, 2011 Page 11 of 15

John Meunier, from Boston Redevelopment Group outlined the plans for the Cleveland Circle Cinema site via powerpoint. The site plans for a 180 room hotel, 30,000 square feet of office space and 9,000 square feet of retail space. The neighboring Applebee’s restaurant site is included in the plans. The parcel in Brookline is currently zoned as a .5 FAR. The plans are for a zoning of 2.5 FAR. The parcel would need to be rezoned to fit these plans. Currently the site on property in Brookline holds a parking lot, while the commercial space is in Boston. The upgrade would allow Brookline to benefit from the tax revenue of the site. The Architect for the site reviewed the landscape, streetscape and egresses for the site.

Paul Saner, TMM#13, and neighbor of the site stated that this is structured as a zoning overlay. The district overlay remains in place. The zoning for the Reservior “T” site does not change, and the site has now changed to include the Applebees parcel. The concern was that Brookline would receive no taxes, and have no control over the development; upgrading the zoning would allow this. Brookline could receive $400,000 annually in taxes. The present zoning does not cover the uses of the site. A special permit would be required to include hotel, retail and restaurant on the site. The plans have been crafted to include traffic mitigation and addresses parking on the site. There are a number of objectives to think about, including language that would prevent building the site around Brookline and a future PILOT agreement.

Petitioner John VanScoyoc spoke in support of the Article. The site has been empty for a number of years now and it can’t remain like that forever. It is important that any redevelopment will be a benefit for Brookline. The prior site had parking in Brookline and Boston had the building. The Article is not cast in stone, it can be approved upon.

Selectman Goldstein asked about the Hotel chain, and whether steps could be taken to attract a higher level franchise. Mr. Meunier replied that it is a Hampton Suites, which is on par with Marriott Courtyard.

The Board discussed traffic and MBTA coordination.

Nick Choumenkovitch, Clinton Rd abutter, stated that he has significant concerns. He had purchased his home because of Brookline’s strict zoning policies. Now that that is being challenged he has safety concerns for his children. He is also concerned about traffic, and parking stemming from the site.

John Kibrick, Clinton Rd abutter, expressed the same concerns. He feels the project does not fit in with the integrity of the Town’s aesthetics, and he will be looking at a hotel from his window instead of a parking lot. Eva Webster, a Cleveland Circle resident, and member of the Cleveland Circle Alliance group feels that this discussion is only one sided. The development affects both Brookline and Boston. She feels there is a way to distribute the building and bring the size down. The Boston Redevelopment Authority has not made any decisions on the site. It is In Board of Selectmen March 29, 2011 Page 12 of 15 too soon to craft a Warrant Article on the zoning changes of the site. Brookline should wait for more information and a clearer analysis is done.

Chairman DeWitt stated that the Planning Department is in communication with the BRA. It is important that Brookline has some input in the development.

There was no vote on Article 12.

No. Article

13. Zoning – Definition of hotel and limited service hotel (Planning Director)

Selectman Benka stated that these amendments are in a technical nature.

Article Explanation:

This zoning amendment warrant article is being submitted by the Planning & Community Department at the request of the petitioners of two proposed zoning articles for Spring Town Meeting, related to the Circle Cinema site (also referred to as the Cleveland Circle Hotel Overlay District), as well as the proposal put forth by the Davis Path Special District Zoning Study Committee (also referred to as the Davis Path Special Zoning District or “Red Cab” site).

This amendment has two purposes:

1) Stays longer than 90 consecutive days would not be considered a Hotel or Limited Service Hotel Use; and

2) Hotel or Limited Service Hotel Use could only allow occupancy of rooms that are eligible for “room occupancy excise taxes”, often referred to as “hotel taxes.”

There was no vote on this Article.

No. Article

15. Zoning – Rear Yards in Business/Industrial Districts (Planning Director)

Selectman Benka reviewed the explanation:

In Board of Selectmen March 29, 2011 Page 13 of 15

This article is proposed by the Department of Planning and Community Development as a result of an issue that emerged during the deliberations of the Davis Path Special District Zoning Study Committee.

Section 5.73.1 of the Zoning By-Law currently provides for an increase in the rear yard of, for example, a commercial (“G”) property when that property abuts a residential (e.g., “S” or “T”) zone:

Where a rear lot line in an L, G, or I District abuts an S, SC, T, F, or M District the rear yard requirements as specified in Table 5.01 shall be increased by 10 feet, but no rear yard need be deeper than 20 feet.

Most L, G, O and I districts require a rear yard setback determined by a formula of 10 + L/10, where L is the length of a building (i.e., the width of the façade). See Table 5.01. As a result, a building with a length (rear façade width) of 50 feet in, for example, a G-2.0 district would have a required rear yard setback of 15 feet (10 + 50/10). If the rear lot line of that property abutted a residential zone, Section 5.73.1 would increase the rear yard setback to 20 feet.

On the other hand, a building in a G-2.0 district with a length of 200 feet would have a required rear yard setback of 30 feet (10 + 200/10). Any commercial building with a length over 100 feet would have a required setback greater than 20 feet as a result of the 10 + L/10 formula.

Two potential anomalies became apparent during the deliberations of the Davis Path Committee.

First, Section 5.73.1 fails to include “O” or “office” districts among the affected commercial districts. The proposed revision would include them.

Second, while Section 5.73.1 is apparently designed to provide greater protection to residential (S, SC, T, F or M) districts when they abut commercial districts, the final clause could arguably be read to have the opposite effect with regard to large commercial structures. Thus, 200-foot wide building in a G-2.0 district would have a required rear yard of 30 feet if it did not abut a residential district, but would arguably have a required rear yard of only 20 feet if it did abut a residential district if the phrase “no rear yard need be deeper than 20 feet” were applicable.

The proposed change is not designed to affect the Red Cab site. First, the owner of the Red Cab site has filed a subdivision plan with the purpose of “freezing” the pre-existing zoning at that site. Second, it appears that the rear lot line of the Red Cab site (in a G district) does not directly abut the T district that includes White Place.

However, it seems appropriate to clarify Section 5.73.1 with respect to other locations so that it reads: In Board of Selectmen March 29, 2011 Page 14 of 15

Where a rear lot line in an L, G, O, or I District abuts an S, SC, T, F, or M District the rear yard requirements as specified in Table 5.01 shall be increased by 10 feet, but the 10 foot increase required by the previous clause shall not result in a rear yard deeper than 20 feet. This section shall not result in a decrease of the rear yard that would otherwise be required under Table 5.01.

With this change, the “20 foot” reference would only “cap” the increase provided in the first clause of Section 5.73.1; it could not even arguably be used to reduce a setback that would be greater than 20 feet under the 10 + L/10 formula. For example, a property in a G-2.0 District (which employs the 10 + L/10 formula) would have the following setbacks:

Length of rear wall Rear Yard - Not abutting Rear Yard - Abutting residential district residential district

50’ 15’ 20’ 75’ 17.5’ 20’ 100’ 20’ 20’ 200’ 30’ 30’

The change would provide the additional protection of Section 5.73.1 for residential districts, without even arguably “undoing” the protection with respect to large buildings provided by the 10 + L/10 formula contained in Table 5.01.

Selectman Benka stated that the Planning Board has drafted clearer language of this Article, which will presented at a later time.

There was no vote on Article 15.

REDISTRICTING COMMITTEE

The Boar d considered the question of appointing a Committee to advise the Board of Selectmen on redrawing local precinct lines based upon the 2010 Census.

Chairman DeWitt presented the recommendations of the Committee.

On motion it was unanimously,

In Board of Selectmen March 29, 2011 Page 15 of 15

VOTED: To appoint the following candidates to the Redistricting Committee:

Precinct 1 Tommy Vitolo Precinct 2 Stanley Spiegel Precinct 3 Jean Stringham Precinct 4 John Mulhane Precinct 5 Neil Wishinsky Precinct 6 Cat Anderson Precinct 7 Bernard Green Precinct 8 Carol Caro Precinct 9 Paul Harris Precinct 10 Michael Traister Precinct 11 Bobbie Knable Precinct 12 Amy Hummel Precinct 13 Lee Selwyn Precinct 14 Georgia Johnson Precinct 15 Ab Sadeghi-Nejad Precinct 16 Michael Berger

AL Betsy DeWitt, Chair

There being no further business, the Chair adjourned the meeting at 11:05 P.M.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date

6. copy of special permit 7. printout of the MAPC consortium agreement/FAQ/email from JLevine to PParks 8. resume/application 9. auth to hire request 10. copy of rfp/proposed menu 11. budget books 12. warrant articles 13.list of committee members 14. copy of March 22 minutes 15. letter to BOS from Pzelnick/copy of check 16.email from TGuigli to BOS/contract coding form/copy of contract/copy of insurance 17. Copy of project scope agreement 18. Grant application/FAQ 19. Email from MGoff 20. application

In Board of Selectmen April 5, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein.

The Minutes of March 29, 2011 were approved as amended.

In Board of Selectmen April 5, 2011 Page 2 of 23

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

April 2-10 is National Public Health Week. There will be various community events. April 18, the Council on Aging will hold its Annual Volunteer Luncheon.

SELECTMEN UPDATES

Reports by individual Selectmen on activities related to carrying out the responsibilities of the Board.

The Rotary Pancake breakfast was a success.

Brookline did not receive the Google fiber grant, Kansas City won. Brookline made an impressive effort in the application submittal.

PUBLIC COMMENT

There was no Public Comment.

RELEASE OF EXECUTIVE SESSION MINUTES

The Board considered the question of adopting a procedure recommended by Town Counsel to comply with the Open Meeting Law with respect to review and release of executive session minutes.

Town Counsel Jennifer Gilbert reviewed the draft policy for releasing Executive Session Meeting Minutes in compliance with the Open Meeting Law; G.L.c. 30A, Section 22 (g).

On motion it was unanimously,

VOTED: "In order to comply with the requirements of the Open Meeting Law; G.L.c.30A, Section 22(g) the Chair of the Board of Selectmen designates Town Counsel to review its executive session minutes and materials several times per year in July, November and March or at such other intervals deemed reasonable by Town Counsel. Such review shall take place in order to determine whether or not the continued non-disclosure of executive session minutes and/or materials is warranted. Town Counsel shall indicate to the Keeper of the Records for the Board of Selectmen what may or may not be released either in its entirety or in a redacted form and the reasons therefore. Town Counsel shall report back to the Chair and the Town Administrator with respect to her determination. In Board of Selectmen April 5, 2011 Page 3 of 23

After each such review the Chair, at the Board's next meeting shall publicly announce Town Counsel's determination."

RUNKLE SCHOOL

The Board considered the question of approving the First Amendment to the Project Funding Agreement between the Town of Brookline and the Massachusetts School Building Authority for the Runkle School project and authorize Melvin Kleckner, Town Administrator, to execute Agreement.

Deputy Town Administrator Sean Cronin stated that the project costs came in under than anticipated. The Massachusetts School Building Authority (MSBA) recalculated the funding agreement based on the bids received.

Selectman Daly noted that some PCB caulking around the windows need some attention at the building. It appears to be an extensive repair, but one that would be within the increased contingency. There is more asbestos than anticipated, and the additional funds will help resolve this. Selectman Benka asked how extensive the repair will be; will it require shaving the bricks? Program Administrator Tony Guigli replied that the initial plan was submitted and rejected by the Environmental Protection Agency. There may need to be some masonry work done as well. It is not mandated by the EPA, but it may be required to get it done correctly. The cost will be substantial.

On motion it was unanimously,

VOTED: To approve the First Amendment to the Project Funding Agreement between the Town of Brookline and the Massachusetts School Building Authority for the Runkle School project and authorize Melvin Kleckner, Town Administrator, to execute Agreement.

CHANGE ORDER

The Board considered the question of approving Change Order #2 in the amount of $30,576.00 for work to be completed by G&R Construction in connection with the Runkle School Renovations and Additions project. Said change order to be funded from account 2594C165 6C0002.

Program Administrator Tony Guigli stated that this Change Order consist of three different components. They include; removal of ACM pipe insulation, doors, joint compound, removal of cementitious underlayment, and removal of 6000 sf of flooring.

On motion it was unanimously, In Board of Selectmen April 5, 2011 Page 4 of 23

VOTED: To approve Change Order #2 in the amount of $30,576.00 for work to be completed by G&R Construction in connection with the Runkle School Renovations and Additions project. Said change order to be funded from account 2594C165 6C0002.

TEMPORARY WINE AND MALT BEVERAGES

The Board considered the question of granting a temporary Wine and Malt beverages license to the William H. Lincoln School PTO in connection with a Fundraiser to be held on April 7, 2011 from 7pm-10pm at 19 Kennard Road.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to the William H. Lincoln School PTO in connection with a Fundraiser to be held on April 7, 2011 from 7pm- 10pm at 19 Kennard Road.

TEMPORARY WINE AND MALT BEVERAGES

The Board considered the question of granting a temporary Wine and Malt beverages license to Boston University College of Arts in connection with a Reception to be held on April 15, 2011 from 6pm-8pm at 808 Commonwealth Avenue.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to Boston University College of Arts in connection with a Reception to be held on April 15, 2011 from 6pm-8pm at 808 Commonwealth Avenue.

ANNUAL TOWN MEETING

The Board considered the question of executing the Warrant for the Annual Town Election scheduled for May 3, 2011.

On motion it was unanimously,

VOTED: To execute the Warrant for the Annual Town Election scheduled for May 3, 2011.

In Board of Selectmen April 5, 2011 Page 5 of 23

BUILDING PERSONNEL

The Board considered the question of authorizing the filling of the Heath School Project Representative position in the Building Department.

Owners Project Manager Ray Masak stated that if a Town or a community does not have staff for the position of an on-site supervisor of the Heath School Construction Project, they can hire an outside source to do so. The funding for it is included in the project budget; it is a requirement of MSBA funding. The position is temporary, and the candidate must be qualified in construction matters.

On motion it was unanimously,

VOTED: To authorize the filling of the Heath School Project Representative position in the Building Department.

GRANT OF LOCATIONS

Public Hearing on the petition of NSTAR Electric Company for permission to construct, and a location for, such a line of conduits and manholes with the necessary cables there under the following public way:

Sewall Avenue – Westerly, thence turning and running southerly, approximately 270 feet west of Marshal Street. A distance of 227 feet – conduit @MH12728

Director of Engineering Peter Ditto stated that this is for service to 109 Sewall Avenue. The plans have been reviewed and approved by the DPW. The project should take about one week to complete.

On motion it was unanimously,

VOTED: To approve the petition of NSTAR Electric Company for permission to construct, and a location for, such a line of conduits and manholes with the necessary cables there under the following public way:

Sewall Avenue – Westerly, thence turning and running southerly, approximately 2 70 feet west of Marshal Street. A distance of 227 feet – conduit @MH12728.

In Board of Selectmen April 5, 2011 Page 6 of 23

WARRANT ARTICLES

Review and vote of the following Warrant Articles for the May 24, 2011 Annual Town Meeting:

No. Article

6. Doubling of Property Tax Exemptions (Elderly, etc.) (Assessors)

Chief Assessor Gary McCabe stated that this is a traditional Article that authorizes the Board of Assessors to provide property tax exemptions to qualified residents. Those included are surviving spouses, elderly, the blind and disabled veterans.

On motion it was unanimously,

VOTED: Favorable Action on Article 6.

No. Article

7. Adjustment of Factors for Elderly Tax Exemption (Assessors, Council on Aging)

Chief Assessor Gary McCabe stated this Article will allow the Town to increase the qualifications for Elderly Tax Exemption as permitted in General Laws Chapter 59, section 5. It will decrease the eligibility age from 70 to 65, and adjust the income eligibility. Last year only three residents took advantage of the law; they hope to increase those numbers.

On motion it was unanimously,

VOTED: Favorable Action on Article 7.

No. Article

22. MBTA Easement (DPW)

Director of Engineering Peter Ditto stated that this Article will allow the Town to have a permanent easement to install and maintain pipes under the MBTA’s property in the Brookline Village area.

On motion it was unanimously,

VOTED: Favorable Action on Article 22. In Board of Selectmen April 5, 2011 Page 7 of 23

WARRANT ARTICLES

Review of the following Warrant Articles for the May 24, 2011 Annual Town Meeting: No. Article

11. Snow and Ice Removal from Sidewalks (Ziskend)

Petitioner Seymour Ziskend reviewed his explanation:

What prompted the reinstatement of the Town being responsible for the plowing and sanding of sidewalks in residential districts is the following:

The sidewalks are public property. Shoveling public sidewalks should not be the burden of homeowners. There are cases of homeowners having heart attacks shoveling snow. Homeowners do not have the capabilities or the equipment to remove ice or hard packed snow. To prevent a slip and fall accident on icy sidewalks, people may have to walk on the street, which is dangerous, to go shopping, keep a doctor’s appointment, or for any other reasons. Many homeowners cannot afford to pay for ice and snow removal on top of their high taxes. Brookline people deserve the safety and quality of life, to be able to take a walk on sidewalks, especially the elderly, handicapped and children. This should be a top priority for the protection and safety of the Town’s people. As we understand, Brookline is the second highest taxed town in the state.

Under proper business leadership, this could have been done, and can be done without any increase in taxes.

Selectman Daly expressed serious doubt that sidewalks could all be plowed without substantial additional money that is not in the current budget.

Commissioner of Public Works Andy Pappastergion stated that this issue was studied in 2007. Out of the 154 miles of town sidewalk, 97 miles are plowable due to the size and material of the sidewalks. Out of those the Town plows 43 miles, which are those around school zones and commercial areas. The sidewalks need to be at least 5 feet wide for the equipment to get through. Mr. Pappastergion also reviewed the staff numbers which went from 300 employees in 1981 to 168 today. Between the staff and equipment, the DPW is not able to plow all the sidewalks; his end calculation for additional staff and equipment is $1.2 million dollars to be able to provide this additional service.

Selectman Benka noted that only sidewalks that were 5 feet wide would be plowable; what about those streets with sidewalks that the equipment can’t plow? There is some definite unfairness in that respect.

In Board of Selectmen April 5, 2011 Page 8 of 23

Selectman Goldstein asked if all the sidewalks were plowed years ago. The Commissioner replied yes, those that were wide enough for the tractors. Back then the Department had 15-16 trackers, between the expense to replace them and prop 2 ½, they are down to 6 tractors of which three are older and used for reserve.

No. Article

17. Sale of Alcohol on-Premise on Sundays at 10 a.m. (Selectmen)

Selectman Goldstein stated that the Selectmen’s Liquor Licensing Committee has been reviewing the Town’s liquor licensing policies. A Bill was recently passed to allow local municipalities to adopt Chapter 138, Section 33b (the Sunday Brunch Law). This would allow Brookline restaurants that hold a liquor pouring license to serve alcohol on Sundays at 10 a.m. This pertains only to qualified restaurants, hotels, and clubs.

CITIZEN COMPLAINT APPEAL

Civilian Appeal Hearing of the Police Department’s report on a citizen complaint.

Chairman DeWitt: Next on the agenda is consideration of an appeal by Ms. Elleen Stryd from Chief O’Leary’s denial of her citizen complaint against the Police Department brought under the Police Department’s Process for Police Department Discipline and Selectmen’s Review.

Pursuant to that policy, both the appellant and the Department may make an informal presentation if they choose to do so.

In addition, both the appellant and the Department have the right to present up to 3 eyewitnesses to make an informal presentation lasting no more than 5 minutes, and no more than 3 witnesses if the Board votes to permit that.

The Board will then vote either a) take steps to discipline the officer, b) refer the matter back to the Chief for further action, c) appoint an independent person or persons to further investigate and report back, or d) dismiss the complaint and notify all parties of such.

Ms. Stryd, would you like to make a brief informal presentation to the Board in support of your appeal?

Ms. Stryd, 2 Tilester Street, Everett, thanked the Board for the opportunity to hear the case, and acknowledged the work that the Police Department does to ensure the In Board of Selectmen April 5, 2011 Page 9 of 23

public’s safety. She pursued this because she felt there could be some positive changes that could happen in a situation like the simple incident that occurred to her on November 17, 2010, even though a Judge found her not responsible for the ticket. She stated that this stems from a simple incident regarding a speeding ticket. She was pulled over for speeding and she knows that she was not speeding. She was dismayed that they did not take her driving record into consideration at the time of the event. Her complaint is based on the ticket that was issued to her on Beacon Street for speeding. The ticket was not clearly marked off that a radar devise recorded her speed, and when she asked to see the recording she was told that she could not. The speed was written as an estimate. She feels that the officer was rude and inaccurately filled out the ticket which was for $120.00. She had tried to question the officer but he walked away from her twice, she now understands that the radar print-out was not available to him at that time. She immediately called the Boston Police Department who then directed her to the Brighton Division who then directed her to Brookline. Ms. Stryd also feels that since she has never received a speeding ticket before, this should have been taken into consideration at the time of the incident. She has had to take off time from work, fight the insurance company so it will not reflect on her record, and lose more money than what the ticket was for. It has been a difficult process for her when the ticket was not warranted in the first place. She feels that the process is too lengthy and complicated for those who feel they were incorrectly cited. She would like to see a thought process conducted before a ticket is given out to determine if it is really warranted.

Selectman Goldstein did not agree that prior records should be taken into consideration at the time a citation is being issued.

Chairman DeWitt: Would the Police Department like to make a brief informal presentation to the Board in opposition to Ms. Stryd’s appeal?

Chief O’Leary stated that he appreciates her comments about the Department s efforts to promote safety, but added that this stretch of Beacon Street is a dangerous strip and often has speeders. Officers are frequently there to slow down the vehicles. If an officer observes a car that is estimated to exceed the speed limit they will use the radar to back up the ticket. Just because the judge dismissed the ticket does not mean speeding did not take place. Officer Amendola made a decision, and issued a ticket. Officers are trained not to get into an argument with the motorist, the best way is to do their job, walk away and move on, which is what the Officer did. That morning Officer Amendola cited nine drivers; this is the one driver that appealed. On the complaint of unprofessional conduct by the Officer, that has been determined unfounded.

Selectman Benka noted that the ticket is marked only “estimated” and not “radar”, which explains the ticket being dismissed. Chief O’Leary replied that he did do one mark intending to cross both boxes. The Department pulled the Officer’s ticket book and found that some of the tickets had a clear mark through both boxes, and some were not as clear. This was brought to the Officer’s attention and he indicated that he would pay closer attention to this detail. In Board of Selectmen April 5, 2011 Page 10 of 23

Selectman Benka added that there are two issues here, one is the ticket which has been resolved, and the other on unprofessional conduct. With respect to the latter, Officer Amendola was following the Department’s procedures by walking away from a confrontation and not getting into a discussion about the radar.

Selectman Daly agrees that the ticket was not written out properly and the proper procedures were taken to address that. Perhaps a sheet outlining the procedures could be given out on how to appeal. The Chief replied that instructions on the appeal were given to the complainant.

Selectman Goldstein asked about consideration being given on prior violations or lack off. The Chief replied that they do not make that a policy. In this case she was cited for speeding in 2007, and 2008 and found non-responsible on both. Past violations can be considered, but it is not in the policy. The Chief added that the Officer is to judge whether a warning or a citation is issued. Sometimes the history provides more information to help make the best decision. Selectman Goldstein added that it is possible that the Officer made an error in writing out the ticket, but does not amount to unprofessional conduct which is a substantial offense.

Selectman Mermell agreed; the unprofessional conduct claim appears to be unwarranted, if anything it is about clerical skills in the ticket writing.

The Board discussed the notice of appeal rights and if it is being presented correctly. Chief O’Leary stated that there is a procedure set by State Law. He will provide the information to the Board.

On motion it was unanimously,

VOTED: To dismiss the complaint and notify all parties as such.

FY2012 FINANCIAL PLAN

Review of the following FY2012 Departmental Budgets:

DPW

Commissioner Pappastergion stated that the budget reflects an increase of 2.2% which consists mainly of an increase in services due to the banking fees to process the new multi-space meters which is $97,000, this will be offset by the generated revenue. Landscaping, software maintenance, and wireless communication are increased under services. Utilities increased 13.2% because of the shift of water and sewer charges into the DPW budget from the Water and Sewer budget, plus an increase for recycling supplies for In Board of Selectmen April 5, 2011 Page 11 of 23

the new toters. There are some decreases in personnel, electricity, construction supplies and natural gas.

Engineering and Transportation- some highlights include the implementation of the LED Streetlight Pilot Program in South Brookline, design and construction of safety improvement projects for Runkle and Heath schools, to complete the Taxicab medallion license system, and to update the Town’s pavement management program.

Highway and Sanitation- some highlights include continuing work on the concrete sidewalk replacement program with in-house personnel, repaint all the crosswalks and pavement markings, complete the full implementation of the Cartegraph work order system for all highway and sanitation operations, and the completion of the replacement and infrastructure of the multi-Space Meter program.

Parks and Open Space- some highlights include working on the Fisher Hill Reservoir Park, the Muddy River Restoration Project, and the Riverway pedestrian bicycle trail. Completed landscape improvements at the Old Lincoln School, the Paul Pender Rotary, Kynvet Park, Coolidge Corner Library and the commercial areas.

The DPW will continue the application of the APWA Accreditation Program, the Water Rate Study for a new rate structure for water and sewer, and the completion of the kronos time and attendance program.

WATER & SEWER

Commissioner Pappastergion stated that the budget reflects an increase of 2%, which is largely driven by the MWRA Assessments. The Department will continue to purchase and install large commercial water meters with the new reading system, continue the infiltration and inflow removal program to reduce sanitary sewage flows to the MWRA Deer Island Treatment Plant, and begin the construction of the Phase 2 Sewer Separation Program.

UNCLASSIFIED

Deputy Town Administrator Sean Cronin stated that the unclassified portion of the budget represents miscellaneous accounts. This budget reflects a decrease of 1.2%. The categories include: out of state travel, printing, association dues, general insurance, audit and professional services, contingency fund, liability/catastrophe fund, affordable housing trust fund, stabilization fund, and the reserve fund.

CAPITAL IMPROVEMENTS PROGRAM/DEBT INTEREST

Deputy Town Administrator Sean Cronin Made the following presentation:

In Board of Selectmen April 5, 2011 Page 12 of 23

TOWN OF BROOKLINE FY12 – FY17 CAPITAL IMPROVEMENT PROGRAM

April 5, 2011

HEADLINES † $158.7M Six-Year CIP (FY12 – FY17) conforms with CIP Policies. † Completes phase-up back to 5.5% from 5% in FY10. † Devotion School places great pressure on the CIP in FY17-FY18. † Assumes Town funding for Heath School at $5.25M (State share at 39.93%) and Devotion School at $50M (State share at 35%). † Continues the additional funding for streets and sidewalks included in the 2008 Override. † Continues to upgrade Public Safety equipment and includes funding for Fire Stations repairs. † Moves two playground projects (Billy Ward and Clark) to FY12. † Continues to invest in the Town’s infrastructure and in IT. † Continues to fund energy conservation efforts. † Incorporates a funding plan for the Village Square project (all outside funding). † Final component of landfill project (capping rear landfill) funded in FY15. † Includes funding for Town/School roofs, masonry repairs, elevators, and generators. † Includes funding in out-years for the golf course maintenance shed, a HRIS,2 and the Gatehouse roof.

In Board of Selectmen April 5, 2011 Page 13 of 23

CHANGES FROM CIP AS PRESENTED ON DEC 7, 2010 1. Commercial Areas Improvements - $50K / year included, with funding coming from Parking Meter Receipts. 2. Chapter 90 (Roads) – the State announced a $200M program, resulting in $945K for Brookline (was $720K). 3. Bicycle Access Improvements – recommend following the vote of Adv Cmte and approving $48,040 instead of $50K. Balance of $1,960 being reviewed by Adv Cmte (may go toward “No Bicycles Allowed” stenciling on sidewalks in commercial areas). 4. Billy Ward Playground – recommend following the vote of Adv Cmte and approving $630K instead of $660K. 5. Tree Removal/Replacement – recommend following the vote

of Adv Cmte and approving $190K instead of $160K. 3

ADVISORY COMMITTEE HOLDS AND RESTRICTIONS 1. $250K for the Masonry Study – Capital Sub-Cmte working with Building Dept on scope of work. 2. $750K for the Pierce School Auditorium –Advisory Committee would like to see design before voting for funds. If not, may restrict funds to design only prior to Dec 1, 2011. 3. Restricted funding for Billy Ward and Clark Playgrounds so that only design monies can be spent prior to Dec 1, 2011. 4. Restricted funding for Bicycle Access Improvements so that lane marking and symbols used shall be in compliance the with 2009 Manual on Uniform Traffic Control Devices (MUTCD). 4

In Board of Selectmen April 5, 2011 Page 14 of 23

MAJOR PROJECTS

† Devotion School Rehab - $50M of Town funding + possibility of $27M of State funding (FY14-FY15) † Heath School Rehab - $5.25M of Town funding + $3.25M of State funding (FY12) † Newton St. Landfill (Rear Landfill Closure) - $4.6M (FY15) † Village Square - $4.5M (FY13) - - all outside funding † Fire Station Renovations - $3.3M (all years) † Fisher Hill Reservoir Re-Use - $3.25M (FY14) - - all outside funding † Waldstein Playground & Warren Field - $2.1M (FY12-FY13) † Baldwin School - $2M (FY14-FY15) † Driscoll School HVAC - $1.65M (FY16-FY17) † UAB - $1.4M (FY12-FY13) † Brookline Reservoir Park - $1.4M (FY16) 5 † Pierce School - $1.1M (FY12-FY14)

CONTINUED MAJOR INVESTMENT

† Street & Sidewalk Rehab - $16.9M † Parks & Open Space - $14.7M † General Town/School Bldg. Repairs - $7.4M † Water & Sewer Infrastructure - $4.8M † Public Safety Equipment - $3M † Information Technology - $2M † Rec Facilities - $1.3M † Tree Replacement -$1M

† Energy Conservation - $1M 6

In Board of Selectmen April 5, 2011 Page 15 of 23

FINANCING SUMMARY

GRAND TOTAL BY SOURCE (in thousands) FY12 FY13 FY14 FY15 FY16 FY17 TOTAL % OF TOTAL Property Tax 2,513.3 2,789.4 2,978.9 3,703.6 3,737.5 2,144.1 17,866.7 11.3% Free Cash 4,413.8 2,811.6 3,014.1 2,991.4 2,959.5 2,944.9 19,135.3 12.1% Parking Meter Receipts 50.0 50.0 50.0 50.0 50.0 50.0 300.0 0.2% General Fund Bond 5,250.0 3,300.0 2,820.0 54,350.0 3,200.0 2,900.0 71,820.0 45.2% State / Federal Grants 4,194.6 2,444.6 2,199.6 27,194.6 1,344.6 944.6 38,322.8 24.1% Utility Budget 0.0 280.0 260.0 0.0 0.0 0.0 540.0 0.3% Utility Bond 1,500.0 0.0 0.0 3,000.0 0.0 0.0 4,500.0 2.8% CDBG 0.0 2,250.0 0.0 0.0 0.0 0.0 2,250.0 1.4% Other 0.0 750.0 3,250.0 0.0 0.0 0.0 4,000.0 2.5% TOTAL 17,921.7 14,675.6 14,572.6 91,289.6 11,291.6 8,983.6 158,734.8 100.0%

CDBG Other Utility Bond Property 1.4% 2.5% 2.8% Tax Utility 11.3% Budget Free Cash 0.3% 12.1% State / Federal Parking Grants Meter 24.1% Receipts 0.2%

General Fund Bond 7 45.2%

CATEGORY SUMMARY

GRAND TOTAL BY CATEGORY (in thousands) FY12 FY13 FY14 FY15 FY16 FY17 TOTAL % OF TOTAL New Facility Construction 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0% Facility Renovation / Repair 11,015.0 3,410.0 5,800.0 77,520.0 4,755.0 3,265.0 105,765.0 66.6% Parks / Open Space / Playgrounds 1,935.0 2,845.0 4,375.0 6,510.0 3,085.0 810.0 19,560.0 12.3% Infrastructure 4,631.7 7,745.6 3,777.6 5,934.6 2,966.6 3,183.6 28,239.8 17.8% Vehicles 50.0 0.0 320.0 1,000.0 185.0 1,400.0 2,955.0 1.9% Miscellaneous 290.0 675.0 300.0 325.0 300.0 325.0 2,215.0 1.4% TOTAL 17,921.7 14,675.6 14,572.6 91,289.6 11,291.6 8,983.6 158,734.8 100%

Vehicles Parks / Open Infrastructure 1.9% Space / 17.8% Playgrounds Misc 12.3% 1.4%

Facility Renovation / Repair 66.6% 8

In Board of Selectmen April 5, 2011 Page 16 of 23

DEBT MANAGEMENT PLAN

Project Authorization Bond Amt Term 2013 2014 2015 2016 2017 2018 TH/Main Library Garages (previously authorized) 950,000 950,000 10 133,000 129,200 125,400 121,600 117,800 114,000 Landfill Corr Action (previously authorized) 3,275,000 350,000 10 49,000 47,600 46,200 44,800 43,400 42,000 Carlton St. Footbridge (previously authorized) 1,400,000 1,400,000 10 196,000 190,400 184,800 179,200 173,600 168,000 Muddy River (previously authorized) 745,000 745,000 10 104,300 101,320 98,340 95,360 92,380 89,400 Heath School Addition (seeking authorization) 5,250,000 5,250,000 20 485,625 474,469 463,313 452,156 441,000 429,844 Runkle School - Constr. (previously authorized) 17,580,000 6,430,000 20 594,775 581,111 567,448 553,784 540,120 526,456 UAB Roof/Chimney/Gutters & Downspouts (future authorization) 1,275,000 1,275,000 10 185,250 179,725 174,200 168,675 163,150 Waldstein Playground + Warren Field (future authorization) 1,600,000 1,600,000 10 285,000 276,500 268,000 259,500 251,000 Devotion School - Feas. & Sch. Des. (future authorization) 1,218,750 1,218,750 10 173,672 168,492 163,313 158,133 Roof Repairs / Replacements (future authorization) 1,600,000 1,600,000 10 228,000 221,200 214,400 207,600 Devotion School - Design (future authorization) 48,750,000 5,000,000 20 487,500 475,625 463,750 Ladder #2 (future authorization) 1,000,000 1,000,000 10 142,500 138,250 134,000 Rear Landfill (future authorization) 4,600,000 4,600,000 20 448,500 437,575 426,650 Baldwin School (future authorization) 1,780,000 1,780,000 10 256,500 248,850 Devotion School - Constr. (future authorization) 48,750,000 21,875,000 20 2,132,813 2,080,859 Brookline Reservoir Park (future authorization) 1,400,000 1,400,000 10 199,500 193,550 Driscoll School HVAC (future authorization) 1,500,000 1,500,000 10 213,750 Devotion School - Constr. (future authorization) 48,750,000 21,875,000 20 2,132,813 Engine #4 (Quint) (future authorization) 1,400,000 1,400,000 10 199,500 9 NEW GEN FUND DEBT SERVICE (cumulative) 1,562,700 1,994,350 2,343,397 3,357,292 5,854,450 8,243,305

DEBT MANAGEMENT PLAN

Project Authorization Bond Amt Term 2013 2014 2015 2016 2017 2018

Wastewater (previously authorized) 5,500,000 1,000,000 10 140,000 136,000 132,000 128,000 124,000 120,000

Wastewater (previously authorized) 5,500,000 1,000,000 10 142,500 138,250 134,000 129,750 125,500

Wastewater (previously authorized) 5,500,000 1,124,000 10 160,170 155,393 150,616 145,839

Wastewater (future authorization) 3,000,000 1,500,000 10 213,750 207,375 201,000

Wastewater (future authorization) 3,000,000 1,500,000 10 213,750

Water Main Improvements (future authorization) 1,000,000 1,000,000 10 140,000 136,000 132,000 128,000 124,000 120,000

Storm Drain Improvements (future authorization) 500,000 500,000 10 70,000 68,000 66,000 64,000 62,000 60,000

Golf Course (previously authorized) 2,840,000 125,000 20 11,875 11,594 11,313 11,031 10,750 10,469

Golf Course (previously authorized) 2,840,000 225,000 20 21,375 20,869 20,363 19,856

Golf Course (previously authorized) 2,840,000 590,000 20 56,050

NEW ENTERPRISE FUND DEBT SERVICE (cumulative) 361,875 494,094 661,108 855,043 828,854 1,072,464

10

In Board of Selectmen April 5, 2011 Page 17 of 23

DEBT-FINANCED vs “PAY-AS-YOU-GO”

5.5% In millions of $'s 0.6% 5.0% 0.9% 1.0% $12 1.1% $1.2 1.5% 1.4% 4.5% $3.0 $10 $1.9 $2.2 $3.0 4.0% $1.7

3.5% $8 3.0% 5.6% $12.7 2.5% 4.9% $6 4.6% 4.5% 4.4% $10.9 2.0% 4.1% 4.1% $8.6 $8.8 $8.8 $8.8 $4 $8.4 1.5%

1.0% $2 0.5%

0.0% $0 FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY12 FY13 FY14 FY15 FY16 FY17 FY1811 Debt-Fin. "Pay-Go" Debt-Fin. "Pay-Go"

DEBT SERVICE – GENERAL FUND

$14

$12

$10

$8

$6

Millions $4

$2

$0 FY12 FY13 FY14 FY15 FY16 FY17 FY18

EXISTING NEW 12

In Board of Selectmen April 5, 2011 Page 18 of 23

DEBT SERVICE – AS A % OF REVENUE

FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 DESCRIPTION (Act.) (Act.) (Act.) (Proj.) (Proj.) (Proj.) (Proj.) (Proj.) (Proj.) (Proj.) (Proj.)

General Fund Debt Service as a % of General Fund Revenue 5.7% 6.2% 5.9% 4.7% 5.0% 5.0% 4.6% 4.2% 4.3% 5.0% 5.6%

Net General Fund Debt Service as a % of General Fund Revenue 2 3.9% 4.6% 4.3% 4.2% 4.5% 4.7% 4.3% 4.0% 4.0% 4.8% 5.4%

Water & Sewer Enterprise Fund Debt Service as a % of Revenue 11.6% 10.9% 10.5% 10.3% 9.1% 9.4% 9.2% 8.2% 8.3% 6.9% 6.2%

Golf Course Enterprise Fund Debt Service as a% of Revenue 15.4% 15.9% 16.1% 14.9% 15.1% 15.5% 14.5% 14.9% 13.9% 13.3% 11.7%

TOTAL Debt Service as a % of Total Rev. Supporting Debt Svc. 6.4% 6.7% 6.4% 5.4% 5.5% 5.5% 5.1% 4.7% 4.8% 5.3% 5.7%

13

CIP/DEBT MANAGEMENT POLICIES

VARIABLE FY11 FY12 FY13 FY14 FY15 FY16 FY17 Legal Limit for Outstanding Debt = 5% of Equalized Valuation (EQV) EQV for 1/1/10 = $15.985 billion. Assume 2.5% annual growth. (In millions) $15,985.3 $16,384.9 $16,794.6 $17,214.4 $17,644.8 $18,085.9 $18,538.0 Outstanding Debt as a % of EQV 0.5% 0.5% 0.5% 0.4% 0.4% 0.5% 0.5% General Fund Outstanding Debt as a % of EQV 0.4% 0.4% 0.4% 0.3% 0.3% 0.4% 0.5% Net General Fund Outstanding Debt as a % of EQV 0.4% 0.4% 0.4% 0.3% 0.3% 0.4% 0.5% Total Outstanding Debt (in millions) $76.0 $83.2 $78.8 $72.2 $73.8 $90.2 $104.9 General Fund Outstanding Debt (in millions) $62.6 $69.3 $66.1 $60.5 $62.7 $80.8 $96.0 Net General Fund Outstanding Debt (in millions) $58.2 $65.6 $63.2 $57.9 $60.5 $79.0 $94.4 Total Debt Service (in millions) $12.2 $12.9 $13.2 $12.6 $12.0 $12.6 $14.3 General Fund Debt Service (in millions) $9.5 $10.3 $10.5 $9.9 $9.5 $9.9 $12.0 Net General Fund Debt Service (in millions) $8.4 $9.1 $9.9 $9.3 $8.9 $9.3 $11.4 Total Debt Service Per Capita $221 $232 $239 $229 $217 $227 $259 General Fund Debt Service Per Capita $172 $186 $189 $179 $171 $179 $217 Net General Fund Debt Service Per Capita $152 $166 $181 $170 $163 $170 $208 Total Debt Service as a % of Revenue 5.4% 5.5% 5.5% 5.1% 4.7% 4.7% 5.2% General Fund Debt Service as a % of General Fund Revenue 4.7% 5.0% 4.9% 4.5% 4.2% 4.2% 5.0% Net General Fund Debt Service as a % of General Fund Revenue 4.2% 4.4% 4.6% 4.2% 3.9% 4.0% 4.7% A. Total Outstanding Debt Per Capita as a % of Per Capita Income 2.1% 2.3% 2.1% 1.9% 1.9% 2.2% 2.5% General Fund Outstanding Debt Per Capita as a % of Per Capita Income 1.7% 1.9% 1.7% 1.6% 1.6% 2.0% 2.3% Net General Fund Outstanding Debt Per Capita as a % of Per Capita Income 1.6% 1.8% 1.7% 1.5% 1.5% 1.9% 2.2% B. Total Outstanding Debt Per Capita $1,386 $1,518 $1,437 $1,317 $1,346 $1,646 $1,914 General Fund Outstanding Debt Per Capita $1,143 $1,264 $1,207 $1,104 $1,144 $1,475 $1,751 Net General Fund Outstanding Debt Per Capita $1,062 $1,197 $1,152 $1,057 $1,104 $1,441 $1,723 C. Total Outstanding Debt as a % of Assessed Value (AV) 0.5% 0.5% 0.5% 0.4% 0.4% 0.5% 0.6% General Fund Outstanding Debt as a % of Assessed Value (AV) 0.4% 0.4% 0.4% 0.4% 0.4% 0.5% 0.5% Net General Fund Outstanding Debt as a % of Assessed Value (AV) 0.4% 0.4% 0.4% 0.4% 0.4% 0.5% 0.5% D. Total Debt Maturing Within 10 Years 83% 80% 82% 83% 84% 79% 76% General Fund Debt Maturing Within 10 Years 80% 76% 78% 81% 82% 76% 74% E. CIP Financing as a % of Prior Year's Net Revenue 5.25% 5.50% 5.50% 5.50% 5.50% 5.50% 5.50% Debt-Financed CIP as a % of Prior Year's Net Revenue 4.11% 4.59% 4.53% 4.38% 4.05% 4.11% 4.93% Revenue-Financed CIP as a % of Prior Year's Net Revenue 1.14% 0.91% 0.97% 1.12% 1.45% 1.39% 0.57%

Town Policies A. Total Outstanding Debt Per Capita = shall not exceed 6% of Per Capita Income. B. Total Outstanding Debt Per Capita = shall not exceed $2,385 (for FY11). C. Total Outstanding Debt = shall not exceed 2.5% of Assessed Value (AV). D. Bond Maturities = 60% of General Fund principal shall mature within 10 years. 14 E. CIP Financing = 5.5% of Prior Year's Net Revenue, with a goal of 4.25% from Debt-Financed and 1.25% from Revenue-Financed. NOTE: "Net General Fund Debt" is total General Fund Debt less the share paid for by the State for the Lincoln, Heath, and Baker projects.

In Board of Selectmen April 5, 2011 Page 19 of 23

CIP FINANCING – FREE CASH

† The FY12-FY17 CIP follows the Town’s Free Cash Policy: „ An amount equivalent to 0.25% of the prior year’s net revenue shall be appropriated as part of the Town’s 1% Appropriated Budget Reserve Fund. „ To the extent necessary, Free Cash shall be used to fund the Stabilization Fund at a level equivalent to 3% of the prior year’s net revenue. „ To the extent necessary, Free Cash shall be used to reach the funding target of the Town’s Liability / Catastrophe Fund (1% of the prior year’s net revenue). „ To support the Affordable Housing Trust Fund, when Certified Free Cash exceeds $6M. „ Free Cash may be used to augment the trust funds related to fringe benefits and unfunded liabilities related to employee benefits. „ Dedicate all remaining funds to the CIP.

† As previously discussed, it is recommended that $1.7M of Certified Free Cash be left unappropriated because of the unreserved fund balance concern.

† The recommended use of $5.375M of Free Cash for FY12 is $785K more than last year, and above the $3.75M est used to build the out-years of the FY11–FY16 CIP. 15

CIP GENERAL FUND FUNDING SUMMARY

2012 2013 2014 2015 2016 2017 5.5% Policy 10,321,062 10,701,948 11,004,952 11,349,825 11,768,829 12,171,438 Net‐Debt * 8,613,482 8,812,116 8,762,032 8,365,344 8,807,906 10,925,230 % of Prior Yr Net Rev 4.59% 4.53% 4.38% 4.05% 4.12% 4.94% Pay‐as‐you‐Go 1,707,580 1,889,832 2,242,920 2,984,481 2,960,923 1,246,207 % of Prior Yr Net Rev 0.91% 0.97% 1.12% 1.45% 1.38% 0.56% 2008 Override Funds 807,668 827,860 848,556 869,770 891,514 913,802 Free Cash 4,413,752 2,811,588 3,014,142 2,991,404 2,959,507 2,944,949 Parking Meter Receipts 50,000 50,000 50,000 50,000 50,000 50,000

TOTAL 15,592,483 14,391,396 14,917,650 15,260,999 15,669,850 16,080,189

* Defined as General Fund debt less debt supported by a debt exclusion. 16

In Board of Selectmen April 5, 2011 Page 20 of 23

ADDITIONAL REVENUE SOURCES

† CDBG Funds – $2.25M is used, including utilizing the Section 108 Loan Guarantee Program. † State / Federal Grants – $38.3M is anticipated, including the assumption that MSBA funds cover 35% of the Heath School and Devotion School projects, a $200M statewide Ch. 90 program annually, and the Village Sq project is awarded $1.5M from the State TIP. † Proposed Private Development – $4.2M total, with $3.25M for Fisher Hill Reservoir Re-Use (FY14) and $750K from 2 Brookline Pl for the Village Square project (FY13). † 2008 Override Funds – continues the additional funding for streets and sidewalks ($5.2M over 6 yrs; $808K in FY12).

17

Selectman Benka expressed concerns about the unique bike path markings used by Brookline, showing the following pictures:

In Board of Selectmen April 5, 2011 Page 21 of 23

In Board of Selectmen April 5, 2011 Page 22 of 23

In Board of Selectmen April 5, 2011 Page 23 of 23

Selectman Benka stated that the concern is that the bike markings are in the middle of the road in some locations and included “lane lines” that are not specified by the MUTCD. Transportation Administrator Todd Kirrane replied that they use sharrows when bikes and cars cannot travel side by side safely. The MUTCD (Manual on Uniform Traffic Control Devices) defines the standards used by road managers nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and private roads open to public traffic. There is a measurement used to allow clearing from car doors which prompt some of the sharrows into the middle of the lane. Selectman Benka would like some additional thought put into the placement of these sharrows, especially in heavy traffic areas.

BOARDS AND COMMISSIONS

The Board considered the question of making an appointment to the Brookline Access Television Board.

On motion it was unanimously,

VOTED: To appoint Anne Shreffler to the Brookline Access Television Board for a term ending August 31, 2014 or until a successor can be appointed.

There being no further business, the Chair adjourned the meeting at 11:00 pm.

ATTEST

In Board of Selectmen April 12, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein.

The Minutes of April 5, 2011 were approved as amended

In Board of Selectmen April 12, 2011 Page 2 of 26

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

April 15th, there will be a coffee hour for Chief Skerry at the Public Safety Building April 18th, the annual ride of William Dawes at Devotion School

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

MWRA APPOINTMENT

The Board considered the question of appointing Jay Hersey, Environmental Engineer for the Public Works Department as the Town’s permanent designee to the MWRA Advisory Board.

Public Works Commissioner Andy Pappastergion stated that Senior Engineer Charlie Barry had recently held this position, and he has recently retired. It is recommended to appoint Jay Hersey, Environmental Engineer, to the MWRA Advisory Board as the Board of Selectmen’s designee.

On motion it was unanimously,

VOTED: To appoint Jay Hersey, Environmental Engineer for the Public Works Department as the Town’s permanent designee to the MWRA Advisory Board.

TEMPORARY ALCOHOLIC BEVERAGES LICENSE The Board considered the question of granting a temporary alcoholic beverages license (no sales) to Larz Anderson Auto Museum in connection with a wedding Reception to be held On April 16, 2011 from 3pm -11pm.

On motion it was unanimously, VOTED: To grant a temporary alcoholic beverages license (no sales) to Larz Anderson Auto Museum in connection with a wedding Reception to be held On April 16, 2011 from 3pm - 11pm.

In Board of Selectmen April 12, 2011 Page 3 of 26

TEMPORARY WINE AND MALT BEVERAGES LICENSE The Board considered the question of granting a temporary Wine and Malt beverages license to the Pierce School Parent Teacher Organization in connection with a fundraiser/auction to be held on May 14, 2011 from 7pm -11pm at the Pierce School, 50 School Street. On motion it was unanimously, VOTED: To grant a temporary Wine and Malt beverages license to the Pierce School Parent Teacher Organization in connection with a fundraiser/auction to be held on May 14, 2011 from 7pm -11pm at the Pierce School, 50 School Street.

TEMPORARY ALCOHOLIC BEVERAGES LICENSE The Board considered the question of granting the following temporary alcoholic beverages licenses to Boston University in connection with two (2) Banquets to be held on May 21, 2011 at 808 Commonwealth Avenue Wine and Malt 9am-2pm

All Kinds of Alcohol 5pm-11pm

On motion it was unanimously,

VOTED: To grant the following temporary alcoholic beverages licenses to Boston University in connection with two (2) Banquets to be held on May 21, 2011 at 808 Commonwealth Avenue

Wine and Malt 9am-2pm

All Kinds of Alcohol 5pm-11pm

RESOLUTION

The Board considered the question of adopting a Resolution honoring Chief Peter Skerry on his Retirement.

The Board and the Town Administrator expressed their thanks for the dedication and service that Chief Skerry has provided to the Town over the years.

On motion it was unanimously,

In Board of Selectmen April 12, 2011 Page 4 of 26

VOTED: To adopt the following Resolution honoring Chief Peter Skerry on his Retirement.

A RESOLVE TO PETER SKERRY

WHEREAS, Fire Chief Peter Skerry has rendered dedicated and outstanding service to the Town of Brookline for twenty-nine years, and

WHEREAS, Chief Skerry worked his way up the ranks joining the fire department in 1982, being promoted to Fire Lieutenant in 1986, Fire Captain in 1989, Deputy Chief in 2000, Interim Chief in 2003 and appointed Fire Chief in 2007; and

WHEREAS, as Fire Chief he brought exceptional leadership abilities, a sense of fairness in dealing with all parties with whom he came in contact, and the warmth of a spirit deeply devoted to the public safety of the community; and

WHEREAS, during his tenure as Chief he managed the Fire Department with a firm hand, exhibited superior creativeness and initiative by instituting new programs and practices as necessary, and maintained a high level of morale during difficult periods; and

WHEREAS, Chief Skerry is well known and respected in the Fire Profession and is a member of various Fire Service Organizations, including the Massachusetts Emergency Medical Technicians, Metro Fire Chiefs Association, Massachusetts Institute of Fire Department Instructors, and Massachusetts Association of Arson Investigators, and

WHEREAS, his career stands as an inspiring model of the best in public service, enhances the high tradition and reputation of the Brookline Fire Department, and reflects great credit on our community; and

WHEREAS, it is well that we let Peter know that his tremendous service is appreciated, that we tell him in so many words that he has the gratitude of the entire citizenry of Brookline;

BE IT THEREFORE RESOLVED, that we, the Board of Selectmen, as the Town of Brookline’s governing body, extend to Peter Skerry a sincere thank you for the important public service he performed so admirably, together with best wishes for many years of happiness and good health in retirement.

FIRE CHIEF TRANSITION

The Board considered the question of taking action on the Transition of the Fire Chief.

Town Administrator Mel Kleckner stated that he has started the selection process and this is the first time the Town can consider candidates outside of the Brookline Fire Department. There will be a Search Committee in place to review the qualified candidates.

In Board of Selectmen April 12, 2011 Page 5 of 26

In order to maintain a level playing field and not put one candidate in a better position than the others, he has decided to obtain the services of the former Fire Chief, John Green to serve as interim Fire Chief during the transition process. Chief Green has accepted this temporary position, and the Town Administrator is confident that the fire services will remain in full operation.

On motion it was unanimously,

VOTED: That the Board of Selectmen hereby appoint John Green to the temporary position of Interim Director of Fire and Emergency Management Services effective May 1, 2011 as recommended by the Town Administrator and such terms and conditions as he deems in the best interest of the Town, and; further to authorize the Town Administrator to execute an employment contract for said interim services.

GOLF COURSE RFP

The Board considered the question of awarding and executing the contract for the RFP #P-11-14 Proposal for Food Service/Wine and Beer Concession License at Robert T. Lynch Municipal Golf Course to the vendor recommended by the Park and Recreation Commission for the Recreation Department.

Director of Recreation Lisa Paradis thanked the Selection Committee and the Parks and Recreation Committee for this long and thorough task. After reviewing all of the documents, and in response to some public inquiries, it was deemed that the initially chosen vendor, JJAKS, LLC had some inconsistencies in its proposal. After careful review, the bid was recommended to Vine Ripe Grill as the vendor at the Robert T. Lynch Municipal Golf Course.

John Bain, Chair of the Park and Recreation Commission stated that the Commission unanimously voted in favor of Vine Ripe Grill.

Jim Carroll member of the Park and Recreation Commission and the Selection Committee stated that this has been a long process to determine what the best fit is for the Golf Club. He thanked everyone for their hard work in this matter.

Attorney Robert Dawes, representing JJAKS, LLC, stated that JJAKS, LLC also thanks the Selection Committee for this difficult process. Back on March 28, the Committee contacted Mr. Kelly indicating that he was the awarded bidder. According to the RFP, a contact from the CPO, in this case Mr. Geanakakis determines who the winning bidder is. Having received this, it then went on the March 29th Selectmen’s calendar for the Selectmen to award the contract to JJAKS, LLC. He also noted that Mr. Bain had commented to the local newspaper that the Board would not support Vine Ripe Grill to remain at the Golf Club. He continued to state the JJAKS, LLC, was the front runner in

In Board of Selectmen April 12, 2011 Page 6 of 26

the bidding. What happened after that is an effort by the bidders for Vine Ripe to effect a change in the decision that has been made. As part of the RFP they signed a non-collusion agreement that they would not collude with anyone, and that they would not affect what has happened. Immediately after the awarded bid an email was sent out to supporters of Vine Ripe Grill to attend meetings in support of Vine Ripe which violates the conditions of the RFP specifications. This is a disqualifying factor. In addition to that, Vine Ripe’s proposal came in lower than what the RFP required. He hopes that the Board will take into account that a decision has been made, and that there is a clear violation in the change today announcing that Vine Ripe is the new recommendation for the vendor at the Golf Club. A bid protest will be filed on their behalf.

Selectman Daly replied that nobody can award the contract, but this Board and Mr. Geanakakis would not have misrepresented that your client had been awarded the contract without a vote of the Board of Selectmen. There have been some historic facts about JJAKS, LLAC, including abandoned leases and other traits of that nature that were negative.

On motion it was unanimously,

VOTED: To award and execute the contract for the RFP #P-11-14 Proposal for Food Service/Wine and Beer Concession License at Robert T. Lynch Municipal Golf Course to Vine Ripe Grille on the Green, the vendor recommended by the Park and Recreation Commission for the Recreation Department.

WARRANT ARTICLES

Review of the following Warrant Articles for the May 24, 2011 Annual Town Meeting:

No. Article

21. Home Rule Legislation Removing Brookline from Norfolk County (Lebow)

Petitioner Fred Lebow reviewed the Article stating that Brookline basically pays a significant amount of money each year to be a member community in Norfolk Country without receiving much in return. The annual assessment that Brookline pays is nearly $700,000, which is an increase of more than 9% over the prior year. Some of the benefits that Brookline receives are access to the County Agricultural High School in Walpole; (one Brookline resident currently attends) discounted fees at the President’s Golf Club in Wollaston, and services from the County Government, which he feels Brookline can provide on its own. One concern is the closing of the Brookline Municipal Courthouse, which could close whether we are in the system or not. Mr. Lebow feels that the benefits

In Board of Selectmen April 12, 2011 Page 7 of 26 are not significant enough to justify the annual payment to the County. Brookline contributes the highest amount of the assessment within Norfolk County’s community membership because the payments are based on property tax assessments. Other counties that have been abolished do not pay any assessment. This Article would not remove Brookline from Norfolk County district for state-run programs such as courts, the Registry of Deeds and the Sherriff’s Office. Mr. Lebow added that there is little chance this would be passed by the Legislature, but it could get the thought process going.

Dan Matthews, Executive Secretary to the County Commissioners, passed out a memo prepared for Town Meeting members. He stated that the Commissioners cannot support this petition because it would result in shifting the cost to other communities who can’t afford them any more then Brookline. When other Counties where dissolved in the 1990’s, no one was talking about post employment benefits. The County is relys upon members’ taxes. The issue of legacy obligations is putting a strain on the County. A large benefit to Brookline is that it is a one Town, one Courthouse community. The regional advocacy from the County is a significant argument in favor of keeping the district. The County owns the Courthouse, but it is run by a State agency. The County does not recover its full cost from the rental program and the balance is paid for by County revenue. County Engineering Services are available to participants, as well as discounted admission fees to the Agricultural High School and the Presidents Golf Course. Another benefit is assistance in grant applications to local Police Departments, which has been around $25,000 to Brookline per year for the past five years. In regards to Legacy obligations, they stem from the Sheriffs Department, which is now a State Agency and retirees from the former County Hospital which went private in 1998. The County believes that regional Government can offer values to the Communities that we serve.

Selectman Daly stated that she is concerned that it seems unfair that Brookline uses the least of the services, yet, pays the most. She has been advised to seek that the High School be transferred to the State; we rarely have a student enrolled there.

Mr. Matthews stated that Brookline was the only Town that had an increase in its assessment last year; most had a decrease due to property values.

Selectman Benka would like an account of the current Norfolk Counties employees and their budget. He asked if the Commission was active in saving the Brookline Court last year. Mr. Matthews replied that the Commission was very active in advocating the keeping of the Brookline Courthouse.

Selectman Goldstein asked if the budget of the Courthouse from rental revenue be provided so he can understand where the shortfall is. Mr. Matthews replied that there is a formula for the allocation. The County cannot charge for overall administrative overhead, and the system pays the reimbursement about two years after the cost has occurred. The end cost is about $300,000 reallocation to Brookline.

In Board of Selectmen April 12, 2011 Page 8 of 26

Chairman DeWitt noted concern that the Courthouse could be in jeopardy if Brookline leaves the system.

Chief O’Leary spoke of his concern that the Courthouse could be in jeopardy should Brookline chose to leave the County community. The Brookline Court is utilized to its fullest by the Brookline Police Department.

Mr. Lebow acknowledged that if the State gets in a financial position, we may lose the courthouse anyway. He added that we are paying for the benefits of teachers that we have nothing to do with, and the cost continues to accumulate.

There was no vote on Article 21.

No. Article

16. Zoning – Fencing Requirements (Planning Board)

Director of Planning and Community Development Jeff Levine stated that this Article stems from traffic and visibility concerns regarding corners.

Article Explanation:

This zoning amendment warrant article is being submitted by the Planning Board, because over the years, several cases have come before the Board which required variances to allow fences, greater than seven feet in height, to be installed on properties bordering the MBTA tracks. The applicants were seeking taller fences to serve as a noise and safety barrier from the trains. Other cases have involved fences being installed on top of retaining walls that, for instance, border a driveway. A fence on top of the wall is needed to prevent someone from falling off, and since the height of the retaining wall is added to the height of the fence on top of it, the height limit is often exceeded. Rather than granting an exception to the Zoning By-Law regulations by variance, it is more appropriate for the Board of Appeals to grant special permit relief if certain conditions are present.

Additionally, the Planning Board has had some cases where a fence was proposed for a corner property. Even if the fence is a wrought iron fence with space between its balusters and does not obstruct visibility or pose a safety hazard, a fence taller than 2 ½ feet within 25 feet of the corner is not permitted and requires a variance. This by-law change would allow the Director of Transportation to determine whether the fence would or would not present a hazard to pedestrians or vehicular traffic. If it is decided that it is not a hazard, it could be approved by-right and receive a building permit from the Building

In Board of Selectmen April 12, 2011 Page 9 of 26

Commissioner without the applicant going through the Board of Appeals approval process. In the past, when variance relief has not been granted, it has resulted in unsightly fences with portions of significantly different heights. Since a fence surrounding a front yard to contain children or pets is a reasonable request if it doesn’t obstruct visibility, it should be allowed.

Town Meeting member Linda Pehlke suggested a language change. She suggested changing the word “objectionable” to “detrimental”. Mr. Levine sees no problem with this language change.

There was no vote on Article 16.

No. Article

14. Zoning – Davis Path special district (Study Committee)

Selectman Benka and Sergio Modigliani, member of the Davis Path Zoning Study Committee made the following presentation:

DAVIS PATH SPECIAL DISTRICT ZONING STUDY COMMITTEE

Board of Selectmen April 12, 2011

In Board of Selectmen April 12, 2011 Page 10 of 26

Davis Path Special District Committee

Dick Benka – Board of Selectmen – Attorney - Chair Charles Baker – Advisory Committee – Attorney John Bassett – Community Representative – Builder David England – Community Representative – Preservationist Steve Heikin – Planning Board – Architect Angela Hyatt – Community Representative – Architect Ken Lewis – Economic Development Advisory Board – Commercial Developer Sergio Modigliani – Community Representative – Architect Charles Osborne – Community Representative – Architect Linda Pehlke – Community Representative – Planner Dan Saltzman – Community Representative – Attorney Paul Saner – Zoning By-Law Committee – Finance Bill Schwartz – Transportation Board – Transportation Planner

Pam McKinney, MAI, CRE (Appraisal Institute & Society of Real Estate Counselors)

Existing Conditions

N

In Board of Selectmen April 12, 2011 Page 11 of 26

Existing Conditions

Existing Conditions View at 12/21/10, noon

In Board of Selectmen April 12, 2011 Page 12 of 26

Existing Conditions Site section, looking East

Existing Conditions White Place, north side

In Board of Selectmen April 12, 2011 Page 13 of 26

Existing Conditions White Place, south side

In Board of Selectmen April 12, 2011 Page 14 of 26

Existing Conditions Red Cab Building

Existing Conditions Davis Path, looking north

In Board of Selectmen April 12, 2011 Page 15 of 26

Existing Conditions Route 9, looking west

Zoning History

Prior to 1993 – I-1.0 † Floor Area Ratio of 1.0 † 40’ height † Many uses including industrial

1993 Zoning Change – G-2.0 † Both sides of Kerrigan Place † FAR of 2.0 † 45’ height (60’ with “public benefits”) † Setbacks: none on front and side; 10 + L/10 on rear † Could pick either Rt. 9 or Kerrigan Place as front † Additional uses: e.g., life care, hotel, medical office, health club † Removed use: industrial

In Board of Selectmen April 12, 2011 Page 16 of 26

1993 Shadow Study

Issues: Mass, Bulk, Height, Shadows Leggat McCall Building View at 12/21/10, noon

In Board of Selectmen April 12, 2011 Page 17 of 26

Zoning History: Neighborhood & Property Owner Response

2010 – temporary G-1.0 (neighborhood initiative) † In effect only until August 1, 2011 † FAR of 1.0 † 40’ height † Setbacks: none on front and side; 10 + L/10 on rear † Specific 30’ building setback from MBTA property line, with ½ landscaped

2011 – subdivision freeze by current property owner † If no action by Town Meeting, reverts to G-2.0 on 8/1/11 (Leggat McCall proposal) † Even if Town Meeting acts, owner has approved subdivision plan for Kerrigan East, freezes zoning for 8 years from approval of subdivision plan on Kerrigan East (as well as during the permitting or appeals process) † Would permit G-2.0 building at Kerrigan East during 8 year period after approval of plan, and does not need to be the same project or use as shown on the subdivision plan

Eastern Parcel with Frozen Zoning

58’

In Board of Selectmen April 12, 2011 Page 18 of 26

Zoning Options

New Special Permit Provisions for this area

Capitalize on the ability to offer potential benefits to developer not offered by “frozen” G-2.0 zoning † Reduced parking requirements † Consistent zoning east and west of Kerrigan Place † Potential increase in FAR

Get benefits for neighborhood and Town in exchange † “Sky plane” or other improved building envelope † Setbacks † Tax certainty agreement with Town

Proposed Zoning Concept: Sky Plane Site section, looking East

In Board of Selectmen April 12, 2011 Page 19 of 26

Sky Plane View at 12/21/10, noon

Sky Plane Comparison of Leggat McCall Proposal with Sky Plane

In Board of Selectmen April 12, 2011 Page 20 of 26

Views from Bridge: Existing Conditions View at 12/21/10, noon

Zoning Examples Using Sky Plane

Nashville:

In Board of Selectmen April 12, 2011 Page 21 of 26

Proposed Zoning Details: Reduced Parking All parking ratios are in units of spaces per thousand sq.ft. of gross floor area. Reduced parking depends on compliance with the other zoning changes, including Sky Plane and articulation.

Use Existing Zoning (for Committee Districts with 2.0 FAR) Recommends Medical/Dental Office 4.0 2.5 Parking spaces per thousand sq. ft. Office (non-medical) 2.01 1.67 Parking spaces per thousand sq. ft. Retail 2.862 2.0 Parking spaces per thousand sq. ft. Hotel 0.5 – 2.0 0.5 Parking spaces per room Residential: Studios < 500 net sq. ft. 2.0 1.0 Parking spaces per dwelling unit Residential: 1 bdrm < 700 net sq. ft. 2.0 1.25 Parking spaces per dwelling unit Footnote 1: This is a blended parking ratio requirement assuming that 1/3 of the office space would be on the ground floor and the remaining square footage would be located on upper floors. The required parking is 2.86 for ground floors and 1.67 for other floors. Footnote 2: Current zoning for districts with a 2.0 FAR requires the same parking as office: 2.86 for ground floors and 1.67 for other floors. For the purposes of this comparison chart, retail is assumed to be all on the ground floor.

Proposed Zoning Details

Allow by special permit a Limited Service Hotel (Use #8A) Allow by right office within place of residence (Use # 58A) subject only to condition (e) in 58A if no noise, dust etc is created. Allowed max FAR, 1.0-3.0, above 1.0 requires lot size of 28,000+ and spec. permit by use: Hotel (3.0), residential (2.0), other (2.25) Building Envelope (in addition to Sky Plane concepts) † Yard setbacks: from MBTA (20’), Davis Path (7’), Boylston for 1st story (5’), eastern property line (5’) † Sky Plane: range of height with more toward Boylston Street † Max. Building Height: 65’ for building, 80’ for mechanical equipment Building Facades facing MBTA, Boylston, and Davis Path must be articulated by using jog backs, varying materials, or other as affirmed and determined in written form by DAT, Planning Bd, & Bd of Appeals.

In Board of Selectmen April 12, 2011 Page 22 of 26

Proposed Zoning Details

Parking Garage † parking lot lights: shall not impact neighboring properties, even if not abutting † Parking Requirements: studio, up to 500 s.f (1 per unit); 1 bdrm unit up to 700 s.f. (1.25 per unit); hotel (.5 per room); retail (one per 500s.f.); office (1 per 600s.f.); med (one per 400s.f.) † Location of Parking: allowed offsite by sp if within 400’ of property † Garage design facing Boylston: each entrance/exit up to 30’ in width; total width of all up to 40% † Loading Dock required: 1 † Garage Setback: 6’ from street Street Trees: 1 each 25’ along Boylston Street Improvements to Davis Path/Boylston St. Playground: 1% of hard construction costs or cash payment to Town

Dan Saltzman read a letter from Merelice, 22 White Place. The letter addressed the FAR and the sky plane concept that will provide some protection to the neighborhood. The neighbors are supporting the Article. Everyone can find something to be unhappy about that is the nature of compromise. This new approach has been successful in other communities. Past experience has shown that there is neither consistency nor dependability of the present process with design advisory teams and recommendations from the Planning Board and the Zoning Board of Appeals. This rezoning tends to be clear on the onset what is desirable including some community benefits. It should not be presumed that this rezoning will be more difficult for potential developers than the frozen zoning that currently exists. This neighborhood feels that this Article comes closer to the neighborhood goals, and has as much clarity as possible.

Mr. Saltzman made note to a letter that is in circulation. The letter referenced that neighbors who stand to benefit the most with rezoning may still appeal any project in this area. Mr. Saltzman added that the Article is about compromise, and the neighbors do support this Article. The concern is that a developer may work around the spirit of the Article and come up with something outside of what is expected.

Selectman Mermell stated that the sky plan concept is a great concept that provides a better tool to work with.

Selectman Daly asked about the potential of residential units, and if 2-3 bedrooms are allowed, what will that do to our overstretched school system? Selectman Benka

In Board of Selectmen April 12, 2011 Page 23 of 26

replied that they are creating a zoning that would compete with the frozen zoning to create a desirable property. They have made the smaller units more lucrative for developers.

Joe Geller, representing the current owners of the property stated that the owner is not supportive of the proposed zoning, however the incentives are interesting. He agrees that the changes are an improvement.

John Bassett, member of the Davis Path Zoning Study Committee stated that the Committee worked very hard, and he feels that the new language will help. This is a new concept for Brookline, and will be relevant for other proposals along the Rt. 9 corridor.

There was no vote on Article 14.

5. Unpaid Bills (Selectmen)

Deputy Town Administrator Sean Cronin stated that there are no unpaid bills at this time, although some could surface.

There was no vote on Article 5.

WARRANT ARTICLES

The Board considered the question of voting on the following Warrant Articles for the May 24, 2011 Annual Town Meeting:

No. Article

10. Lawrence Local Historic District (Preservation)

Selectman Mermell asked Preservation Planner Greer Hardwick if there is any update on the neighborhood response. Ms. Hardwick replied that one resident opted to be out of the district. The Board asked for a recent polling of the response from neighbors that would be included in the proposed Historic District.

Article 10 was held.

No. Article

In Board of Selectmen April 12, 2011 Page 24 of 26

11. Snow and Ice Removal from Sidewalks (Ziskend)

Selectman Daly stated that she would like to see this occur, but if it did, there would be major cuts to cover the cost. There is also the fact that the equipment can only plow sidewalks that are less than 4 feet wide, this would exclude many sidewalks from being plowed.

On motion it was unanimously,

VOTED: No Action on Article 11.

Daly Aye Mermell Aye Benka Aye Goldstein Aye DeWitt Aye

No. Article

12. Zoning – Cleveland Circle Hotel Overlay District (VanSoyoc)

Selectman Daly stated that Brookline would like some tax revenue from the development, but there are some concerns about the nearest residents. Selectman Benka stated that there is a meeting scheduled with Town Meeting Members and the immediate neighbors. Selectman Goldstein added that it is necessary to pass this so Brookline can have some input on the project. Selectman Daly stated that with the current zoning Brookline won’t get much more than a parking lot with no revenue.

On motion it was unanimously,

VOTED: Favorable Action on Article 12.

Daly Aye Mermell Aye Benka Aye Goldstein Aye DeWitt Aye John Kilbrick, Clinton Road and direct abutter, stated that he supports development at the site, but is against the upzoning. He will be sending a petition with 15

In Board of Selectmen April 12, 2011 Page 25 of 26

names on it with a number of concerns from the neighborhood. The concerns include traffic issues, privacy issues, lighting, and safety. There is a neighborhood task force being put in place to address the details of the project. Mr. Kilbrick is concerned that the process is moving too fast.

Selectman Daly replied that the concern is that Boston is moving ahead, and Brookline will get a parking lot and Boston will have the Hotel and all the revenue that is generated.

Selectman Mermell added that if the zoning stays as it is, the whole project could be in Boston, and Brookline’s interest will be disregarded. This Article allows Brookline to negotiate. Chairman DeWitt added that this is a long process and it is important that Brookline has a place at the table.

Mr. Kilbrick appreciates this, but the developer will do whatever they can under the zoning that is in place.

No. Article

13. Zoning – Definition of hotel and limited service hotel (Planning Director)

VOTED: Favorable Action on Article 13.

Daly Aye Mermell Aye Benka Aye Goldstein Aye DeWitt Aye No. Article

15. Zoning – Rear Yards in Business/Industrial Districts (Planning Director)

On motion it was unanimously,

VOTED: Favorable Action on Article 15, as recommended by the Planning Board.

Daly Aye Mermell Aye Benka Aye Goldstein Aye

In Board of Selectmen April 12, 2011 Page 26 of 26

DeWitt Aye

No. Article

17. Sale of Alcohol on-Premise on Sundays at 10 a.m. (Selectmen)

VOTED: Favorable Action on Article 17.

Daly Aye Mermell Aye Benka Aye Goldstein Aye DeWitt Aye

There being no further business, the Chair adjourned the meeting at 9:40 pm.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date.

7. auth to hire form 9. letter to BOS from DPW commissioner/petition of NStar/public hearing notice/grant of location form 10. article materials 11. article materials 12. 13.cip plan/financial powerpoint 14.application/resume 15. March 29 minutes 16. email from TC to TA 17. letter to TA from MSBA/copy of first amendment 18. po form/co form/ G&R change request 19. applications 20.applications 21.warrant schedule

In Board of Selectmen April 26, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka, and Kenneth Goldstein.

The Minutes of April 12, 2011 were approved as amended.

In Board of Selectmen April 26, 2011 Page 2 of 20

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

April 28th, the Brookline Chamber of Commerce will hold its annual breakfast at 100 Centre Street April 30th , the Brookline Arts Center will hold an event, Cirque de Palette at 43 Hawes Street at 7:00 pm.

The Town Election is May 3rd, Precinct 12 will be located at the High School, and Precinct 13 will be held at Newbury College.

Brookline High School Headmaster Bob Weintraub will be retiring.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

Dr. Bob Weinberg, Copley Street expressed concerns about the proposed bike lanes on the B.U. Bridge. This Bridge is heavily used and the proposed lanes will lead to numerous traffic jams. He stated that there are other solutions for the traffic lanes that would provide better traffic calming on the Bridge. He asked the Board to initiate participation in the plans. Chairman DeWitt stated that the plans are being made by MassDot (Department of Transportation) and the Town does not have a position at this time. She did add that since 2008 there have been extensive discussions about the project.

NORFOLK COUNTY ADVISORY BOARD

The Board considered the question of appointing an interim representative to the Norfolk County Advisory Board.

On motion it was unanimously,

VOTED: To appoint Michael Oates as interim representative to the Norfolk County Advisory Board.

ICAR CONRACT

The Board considered the question of approving and executing a contract with ICar for two (2) parking spaces. In Board of Selectmen April 26, 2011 Page 3 of 20

Todd Kirrane, Transportation Administrator stated that his contract is to allow ICar Sharing to lease two parking spaces on Town property. The company will look into additional private spaces. The lease is $1000 per space, per year with the addition of excise tax payments. Selectman Benka added that the excise tax is required for all vehicles garaged in Brookline, and payment of excise taxes that were due should be a condition of future contracts and permits.

Mr. Pat Walsh representing ICar Sharing stated that they are a local company in competition with the popular Zipcar.

On motion it was unanimously,

VOTED: To approve and execute a contract with ICar for two (2) parking spaces.

CHAPTER 90 REIMBURSEMENT REQUEST

The Board considered the question of approving and executing a Chapter 90 Reimbursement Request in the amount of $68,502.00 and a Final Report to the Mass Highway Department for the Reconstruction of South Street, Contract No. PW/11-5.

Peter Ditto, Director of Engineering stated that this is the final reimbursement that will close out the project.

On motion it was unanimously,

VOTED: To approve and execute a Chapter 90 Reimbursement Request in the amount of $68,502.00 and a Final Report to the Mass Highway Department for the Reconstruction of South Street, Contract No. PW/11-5.

MWRA FUNDING

The Board considered the question of accepting $3,427,585.84 from the MWRA to be used in the construction of the Phase 2 portion of the lower Beacon Street sewer separation project.

Peter Ditto, Director of Engineering stated that this is for a grant from the MWRA, for the invasive construction project for the new sewer system. He added that unfortunately a large ditch is needed to drop the pipes into; there is no getting around that, which will impact the travel lane on Beacon Street. There have been three public meetings for the local merchants in the area.

Selectman Benka asked if the project could be planned in a way that the area closer to the merchants is done in the later months so it would not disturb outdoor diners. Mr. In Board of Selectmen April 26, 2011 Page 4 of 20

Ditto replied that the contractor would like to get in and out as soon as possible, and has planned accordingly to do so. Selectman Mermell added that the construction work will be done by 3:30 pm. so there should be little interference with outdoor diners.

Selectman Daly expressed concerns about the merchants in the area who had just gotten over the negative impact from the prior Beacon Street Project. She suggested that some parking accommodations be looked at, perhaps around the side streets.

On motion it was unanimously,

VOTED: To accept $3,427,585.84 from the MWRA to be used in the construction of the Phase 2 portion of the lower Beacon Street sewer separation project.

The Board considered the question of approving Amendment No. 7 to contract PW/07-03 “Sewer Separation Design Contract” in the amount of $580,000.00. Said Amendment to be funded from account 4995SW54 (Sewer Separation).

Peter Ditto, Director of Engineering stated that this is for the construction oversite and administration cost of the project.

On motion it was unanimously,

VOTED: To approve Amendment No. 7 to contract PW/07-03 “Sewer Separation Design Contract” in the amount of $580,000.00. Said Amendment to be funded from account 4995SW54 (Sewer Separation).

GRANT

The Board considered the question of accepting a grant from the Executive Office of Public Safety and Security’s Highway Safety Division in the amount of $7,500.00 to be used to purchase child safety seats.

Chief O’Leary stated that this grant will provide child safety seats to those in need of them. This has been a successful program, and the grant has been very helpful in the past.

On motion it was unanimously,

VOTED: To accept a grant from the Executive Office of Public Safety and Security’s Highway Safety Division in the amount of $7,500.00 to be used to purchase child safety seats.

In Board of Selectmen April 26, 2011 Page 5 of 20

EXTENSION OF HOURS

The Board considered the question of approving the request of VineRipe Grill Lisa Wisel, Manager, holder of a Wine and Malt beverages license as a Common Victualler at 1281 West Roxbury Parkway for an extension of hours on Thursday April 28, 2011 from 10pm to 12M.

On motion it was unanimously,

VOTED: To approve the request of VineRipe Grill Lisa Wisel, Manager, holder of a Wine and Malt beverages license as a Common Victualler at 1281 West Roxbury Parkway for an extension of hours on Thursday April 28, 2011 from 10pm to 12M.

ARBOR DAY PROCLAMATION The Board considered the question of adopting a Proclamation proclaiming April 29, 2011 as Arbor Day in the Town of Brookline.

Tom Brady, Tree Warden stated that this is an annual request that also promotes an Arbor Day event and complies with the Town status as a Tree City USA.

On motion it was unanimously,

VOTED: To adopt the following Proclamation proclaiming April 29, 2011 as Arbor Day in the Town of Brookline.

ARBOR DAY PROCLAMATION

WHEREAS, the Brookline Tree Planting Committee was created by a Special Act of the Massachusetts Legislature in 1886 to protect and preserve the Town’s Tree Resources; and

WHEREAS, the Town of Brookline, the Department of Public Works, and the Tree Planting Committee are committed to planting and maintenance for all Town roadside shade trees; and

WHEREAS, Brookline has been recognized as Tree City USA by the National Arbor Day Foundation for its care and stewardship of Urban Forest, and desires to continue its tree planting programs; and

WHEREAS, the Town of Brookline has been a part of the Commonwealth of Massachusetts’ Annual Tree City USA Awards Day Program since 1988; and In Board of Selectmen April 26, 2011 Page 6 of 20

WHEREAS, the Town of Brookline encourages neighborhood organizations, schools, families and individuals to learn the importance of trees in observance of this Tree Planters’ Holiday;

BE IT THEREFORE RESOLVED, that the Town of Brookline, through its duly vested Tree Planting Committee, proclaims April 29, 2011 as Arbor Day in Brookline.

Public Works Commissioner Andy Pappastergion took a moment to announce that Brookline has received a grant from Mass DEP in the amount of $100,000. This grant is in acknowledgement of Brookline’s efforts to reducing greenhouse gas emissions. This was a highly competitive grant, and Mr. Pappastergion is pleased to have been awarded it. The grant will be used for single stream recycling toters.

PUBLIC WORKS – PERSONNEL

The Board considered the question of authorizing the filling of the following vacancies within the Public Works Parks and Open Space Division:

Park Maintenance Craftsperson (LN-3) Park Ranger (LN-6)

Public Works Commissioner Andy Pappastergion stated that the Park Ranger is a new position that will patrol park and recreation areas to promote safety and enforce park rules and regulations. Selectman Benka asked if this position would assist in snow removal in the off season. Mr. Pappastergion replied that he anticipates that there will be office work and programming to be done. He added that during snow emergencies, they pull in all the help they can get.

The Park Maintenance position is available due to a transfer within the Department of Public Works.

On motion it was unanimously,

VOTED: To authorize the filling of the following vacancies within the Public Works Parks and Open Space Division:

Park Maintenance Craftsperson (LN-3) Park Ranger (LN-6)

RECREATION PERSONNEL

The Board considered the question of authorizing the filling of a vacancy in the position of Bus Driver in the Recreation Department. In Board of Selectmen April 26, 2011 Page 7 of 20

Lisa Paradis, Director of Recreation stated that this position is newly divided between the School and Recreation Departments.

On motion it was unanimously,

VOTED: To authorize the filling of a vacancy in the position of Bus Driver in the Recreation Department.

RESERVE FUND TRANSFER

The Board considered the question of approving and transmitting to the Advisory Committee the request of Veterans Services Director William McGroarty for a Reserve Fund Transfer in the amount of $35,000 for Veterans Services.

William McGroarty Veterans Services Director stated that there has been an increase in veterans seeking aid. This is related to unemployment benefits running out, and younger veterans moving back home in Brookline while they seek gainful employment. He is also requesting $5,000 for Memorial Day events, which will be a larger event due to the rededication of the Civil War Plaques to Town Hall; this is included in the $35,000.

On motion it was unanimously,

VOTED: To approve and transmit to the Advisory Committee the request of Veterans Services Director William McGroarty for a Reserve Fund Transfer in the amount of $35,000 for Veterans Services.

GREEN COMMUNITIES

The Board considered the question of endorsing the Vehicle Policy and Energy Reduction Plan in order to be designated a Green Community.

Assistant Town Administrator Melissa Goff stated that this is the final items needed to apply for a Green Community designation from the Department of Energy Resources Green Communities Division. In order to qualify, the Town needs to meet certain criteria. The Town is moving forward through the criteria needed in order to achieve this designation. Selectman Mermell added that the Planning Department has been working with the State to ensure past projects can be accounted for in the application. They don’t want to be punished for getting out in front previously. Town Administrator Mel Kleckner thanked Ms. Goff and Ms. Curtis Hayes in the Planning Department for working on this; it would make the Town more eligible for grant funding.

On motion it was unanimously, In Board of Selectmen April 26, 2011 Page 8 of 20

VOTED: To adopt the plan to reduce municipal energy use by 20% by Fiscal Year 2014 in accordance with the Green Communities Program guidelines. This commitment applies to all Town departments, including the School Department.

VOTED: To adopt the fuel-efficient policy which requires vehicle replacements, when needed, be in conformance to the mileage performance standards as per the Guidelines established by the Department of Energy Resources (DOER).

VOTED: To authorize the Town Administrator to submit an application for Green Community Designation to the Green Communities Division of the Department of Energy Resources.

WARRANT ARTICLES

Review of the following Warrant Articles for the May 24, 2011 Annual Town Meeting:

No. Article

18. Dukakis Resolution (Kane)

Petitioner Brian Kane reviewed his Article and stated that it is time to acknowledge Mr. and Mrs. Dukakis for their tireless community service, and political achievements over the years. Al Raine, Precinct 4 added that there is a substantial list of major accomplishments of the Governor including substantial transportation enhancements, and Boston Harbor and State Parks improvements.

Selectman Mermell added that a school in Western Massachusetts has named a school after the Governor, and she is dismayed that Brookline was not the first to make a dedication.

The Board was happy to adopt the Resolution and spoke about the report date. They felt that a little more time may be needed and suggested a report date of February 3, 2011.

On motion it was unanimously,

VOTED: Favorable Action on Article 18, that the Town adopt the following resolution:

Whereas, Michael Stanley, and Katharine (“Kitty”) Dickson Dukakis each grew up in Brookline, graduated from Brookline High School, and have continually resided here for over 60 years; and In Board of Selectmen April 26, 2011 Page 9 of 20

Whereas, Michael Dukakis represented Brookline in the Massachusetts House of Representatives between 1962 and 1970, and was the 65th and 67th Governor of Massachusetts from 1975 to1979, and 1983 to 1991; and

Whereas, Mrs. Dukakis has worked extensively for over 40 years to bear witness to horror, speak truth to power, and protect human rights including as a member of President’s Commission on the Holocaust, as a member of the US Holocaust Memorial Committee, as a director of the Refugee Policy Group/Refugees International, the Task Force on Cambodian Children, the Cambodian Crisis Fund, and Mapendo International, a humanitarian organization that rescues and protects African refugees; and

Whereas, in 1988 Governor Dukakis won the nomination of the Democratic Party for President of the United States, and in the general election that year won the support of the people of the states of Hawaii, Iowa, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Washington, West Virginia, Wisconsin, and the District of Columbia; and

Whereas, the citizens of Brookline believe it is time for the Town to publicly thank Governor and Mrs. Dukakis for their service;

Now, therefore, be it hereby resolved that the Town honor Governor and Mrs. Dukakis with a recognition appropriate to their accomplishments, and sufficient in scope to mark the esteem with which they are held. And be it further resolved that Town Meeting urges the Selectmen to appoint a committee to consult with the Dukakis family, their friends and supporters, and any relevant institutions, and charge this committee with, among other things, debating the questions of sufficiency and feasibility, and reporting back to the Selectmen by February 3, 2012 with a recommendation for the Selectmen to make on behalf of the Town to the appropriate Town body(ies) to create and fund such a recognition or dedication. The Board of Selectmen and all other relevant boards, commissions, and/or committees, including but not limited to the Naming Committee, are further encouraged to complete all processes and procedures related to naming such that a recommendation may be brought to the 2012 Annual Town Meeting for its action to honor Michael and Kitty Dukakis.

No. Article

19. Traffic Calming Resolution (Mattison)

Petitioner Hugh Mattison stated that the traffic calming plans for Pond Avenue were made without following the proper policies and procedures. The Traffic Calming policy includes that a Design Review Committee (DRC) will be appointed to address a remedy, and to follow standard public process. This practice has not been followed in recent traffic calming projects. Mr. Mattison would also like to change the DRC to include one more resident and one less member of the Department of Public Works.

In Board of Selectmen April 26, 2011 Page 10 of 20

Selectman Benka stated that there are two options here, to eliminate or amend the current policy, or to follow it.

Brian Kane, Transportation Board member stated that he is proud of the work done in relation to traffic calming. There have been mistakes where it has not worked properly. Mr. Mattison suggests that the current process does not work. They do all the due process above and beyond what is required, and it has worked well. Chairman DeWitt added that it may be working well, but the actual adopted policy is not being followed.

Todd Kirrane, Transportation Administrator stated that there have been projects that went through a Design Review process. For the Pond Avenue project, 1150 pieces of mail went out for each meeting.

Selectman Benka reiterated that as the matter stands the policy and procedures are not currently being followed. The Transportation Board should either revise it, or take it out. Mr. Kirrane replied that he will request that the Transportation Board review and rewrite the policy.

There was no vote on Article 19.

HOME FUNDS

Public Hearing on a Substantial Amendment to the FY2010 Home One Year Action Plan by adding Olmsted Hill Condominiums.

a. Question of reprogramming the following funds to the Olmsted Hill Condominiums Project:

(1) $316,911 from FY2010 Affordable Housing Development Pool.

(2) Up to $144,491.99 from FY2010 Homebuyer Assistance Program.

Chairman DeWitt asked for public comment. There was no public comment.

Housing Manager Fran Price stated that this is for reprogramming of Federal Home Funds for the Olmsted Hill Project. Home Funds require two years to commit and five years to expend them. The Town has not committed them as yet; this will serve as the commitment and to start the funding process.

On motion it was unanimously,

In Board of Selectmen April 26, 2011 Page 11 of 20

VOTED: To approve a Substantial Amendment to the FY2010 Home One Year Action Plan by adding Olmsted Hill Condominiums.

VOTED: To reprogram the following funds to the Olmsted Hill Condominiums Project: Up to $316,911 from FY2010 Affordable Housing Development Pool. Up to $144,491.99 from FY2010 Homebuyer Assistance Program.

The Board considered the question of approving the recommendation of the Housing Advisory Board for an increase in the Housing Trust Predevelopment Loan in the amount of $142,567 for the Brookline Housing Authority Project at 86 Dummer Street.

(1) Question of granting a conditional commitment of up to $1.7 million permanent Town Funding (to potentially include Housing Trust, Home and/or CDBG funds) in connection with the Dummer Street Project and authorizing the Chair to execute a commitment letter to the Brookline Housing Authority and a letter of support the Undersecretary Tina Brooks.

Roger Blood, Chair of the Housing Advisory Board, stated that this is for the financing of the BHA Dummer Street project. Brian Cloonan, Director of Brookline Housing Authority added that this has been an interesting process to develop a parking lot and expand affordable housing. Selectman Daly noted that the BHA has had difficulties maintaining some buildings due to limited funding, and the process of expending the funds, and asked if there are any foreseeable issues for this project. Anne Reitmayer, financial consultant for the BHA, stated that financial reserves are built into the total numbers. The project will also benefit from low income housing tax credits; it is a solid plan.

Selectman Daly asked about the CDBG funds, there may be some cuts to the funding next year. Ms. Price replied that they try to use as many federal funds as possible, subject to federal regulations.

On motion it was unanimously,

VOTED: To approve the recommendation of the Housing Advisory Board for an increase in the Housing Trust Predevelopment Loan in the amount of $142,567 for the Brookline Housing Authority Project at 86 Dummer Street.

VOTED: To authorize Jeff Levine or his designee to sign, on behalf of the Town of Brookline, any required documentation approved by Town Counsel related to such loan.

VOTED: To grant a conditional commitment of up to $1.7 million permanent Town Funding (to potentially include Housing Trust, Home and/or CDBG funds) in connection with the Dummer Street Project and authorize the Chair to execute a commitment letter to In Board of Selectmen April 26, 2011 Page 12 of 20

the Brookline Housing Authority and a letter of support the Undersecretary for Housing and Community Development Tina Brooks.

The Board considered the question of approving the recommendation of the Housing Advisory Board for a $500,000 Housing Trust set-aside for Affordability Preservation for existing affordable homeownership units.

Housing Advisory Board Chair Roger Blood stated that there are currently defaults on two affordable units. Should they be foreclosed, the Town could lose its position on the title and its affordable housing inventory would decline. Ms. Price added that the funds may not be permanently spent; if the Town can purchase and resell the unit, there would just be transaction and legal costs. It would secure the deed restriction.

Selectman Benka added that this vote as written would allow funds to be set aside, but any further action taken would be approved by the Selectmen. We should consider whether further discretion can and should be given to expend funds if there is a situation where time is of the essence.

On motion it was unanimously,

VOTED: To approve the recommendation of the Housing Advisory Board to create a reserve of up to $500,000 to include payment for the costs associated with transition of units in foreclosure, or threatened by foreclosure, to new income eligible homeowners in order to maintain affordability; or the repayment, if required, of federal subsidies.

CDBG FY2012 ONE YEAR ACTION PLAN

Public Hearing to discuss and approve the FFY2011 (FY2012) One Year Action Plan for the Community Development Block Grant Program and it submittal to HUD.

Director of Planning and Community Development Jeff Levine stated that they are required to submit to HUD a roadmap of the use of federal funds. They anticipate a cut coming back, but have been advised to proceed with the proposed budget, and then return it with the amended budget after the final numbers come in which is anticipated sometime in June. There are no changes in the allocation from what was previously presented.

On motion it was unanimously,

VOTED: To approve the FFY2011 (FY2012) One Year Action Plan for the Community Development Block Grant Program and it submittal to HUD.

In Board of Selectmen April 26, 2011 Page 13 of 20

COMMON VICTUALLER –ENTERTAINMENT

The Board considered the question of approving the application of Brother’s Roast Beef & Pizza, LLC, Melsi Xhengo, President, holder of a Common Victualler license at 293 Cypress Street for an Entertainment license to include radio, television and taped music. The applicant was absent

COMMON VICTUALLER – ENTERTAINMENT

The Board considered the question of approving the application of Julian’s Cheesecakes, Inc., d/b/a/ Finagle-A-Bagel, Alan Litchman, Owner, holder of a Common Victualler and Entertainment license at 1240 Boylston Street for an increase in entertainment to add Instrumental Music including a guitar, and one singer between 4pm- 6pm for a Children’s Music Hours.

On motion it was unanimously,

VOTED: To approve the application of Julian’s Cheesecakes, Inc., d/b/a/ Finagle-A- Bagel, Alan Litchman, Owner, holder of a Common Victualler and Entertainment license at 1240 Boylston Street for an increase in entertainment to add Instrumental Music including a guitar, and one singer between 4pm-6pm for a Children’s Music Hours.

COMMON VICTUALLER LICENSE

The Board considered the question of approving the application of Lucksamee, Inc., d/b/a Rod Dee Thai Cuisine, Osmin Hernandez, President for a Common Victualler license at 1422-1424 Beacon Street.

Adam Brodsky, representing the applicant stated that Mr. Hernandez has a successful restaurant in Town and would like to open one at another location. All papers are in order.

On motion it was unanimously,

VOTED: To approve the application of Lucksamee, Inc., d/b/a Rod Dee Thai Cuisine, Osmin Hernandez, President for a Common Victualler license at 1422-1424 Beacon Street. All conditions apply.

In Board of Selectmen April 26, 2011 Page 14 of 20

COMMON VICTUALLER LICENSE

The Board considered the question of approving the application of YB Partners, LLC d/b/a YoBro, Scott and Lynn Segal, Owners, for a Common Victualler license at 141 Cypress Street.

a. Question of approving the application of YB Partners, LLC d/b/a YoBro, Scott and Lynn Segal, Owners holder of a Common Victualler license at 141 Cypress Street for and Entertainment license to include radio, television and taped music

Applicant Scott Segal spoke about the proposed business. It will be mostly run by his son, and an experienced start-up manager. All papers are in order.

Randolph Meiklejohn, TMM #5 spoke in support of the applicant.

On motion it was unanimously,

VOTED: To approve the application of YB Partners, LLC d/b/a YoBro, Scott and Lynn Segal, Owners, for a Common Victualler license at 141 Cypress Street.

VOTED: To approve the application of YB Partners, LLC d/b/a YoBro, Scott and Lynn Segal, Owners holder of a Common Victualler license at 141 Cypress Street for and Entertainment license to include radio, television and taped music.

All conditions apply.

COMMON VICTUALLER WINE & MALT LICENSE -NEW

The Board considered the question of approving the application of Putterham Grille, LLC, George Giannaris, Manager for a Common Victualler license at 1012 West Roxbury Parkway.

Public Hearing on the application of Putterham Grille, LLC, George Giannaris, Manager holder of a Common Victualler license at 1012 West Roxbury Parkway for a license to Expose, Keep for Sale, and to Sell Wine and Malt beverages as a Common Victualler at 1012 West Roxbury Parkway.

The Board considered the question of approving the application of Putterham Grille, LLC, George Giannaris, Manager holder of a Wine and Malt beverages license as a Common Victualler at 1012 West Roxbury Parkway for an Entertainment license to include radio, television, and taped music. In Board of Selectmen April 26, 2011 Page 15 of 20

Applicant George Giannaris, and landlord Bob Basile were present. The Board reviewed the application. Mr. Basile stated that there was a successful restaurant at the location for many years. He has spent a lot of time selecting the right applicant for the location. Mr. Giannaris added that the restaurant will be very similar to the previous one with an updated menu and a focus on freshly prepared foods.

On motion it was unanimously,

VOTED: To approve the application of Putterham Grille, LLC, George Giannaris, Manager for a Common Victualler license at 1012 West Roxbury Parkway.

VOTED: To approve the application of Putterham Grille, LLC, George Giannaris, Manager holder of a Common Victualler license at 1012 West Roxbury Parkway for a license to Expose, Keep for Sale, and to Sell Wine and Malt beverages as a Common Victualler at 1012 West Roxbury Parkway.

VOTED: To approve the application of Putterham Grille, LLC, George Giannaris, Manager holder of a Wine and Malt beverages license as a Common Victualler at 1012 West Roxbury Parkway for an Entertainment license to include radio, television, and taped music. All conditions apply.

LIQUOR –NEW STOCKHOLDERS

Public Hearing on the application of The Upper Crust-Commonwealth Avenue, LLC, d/b/a/ The Upper Crust, 888 Commonwealth Avenue for a change in members of the Company from Jordan S. Tobins, Joshua Huggard and Brendan F. Higgins, Jr. to a sole member being the Upper Crust, LLC, the members of which are Jordan S. Tobins, Joshua Huggard and Brendan F. Higgins, Jr.

a. Question of approving the application of the Upper Crust Commonwealth Avenue, LLC, d/b/a The Upper Crust, Jordan S. Tobins, manager, holder of a Wine and Malt beverages license as a Common Victualler at 888 Commonwealth Avenue for a change in manager as follows:

From: Michael Pozzi To: Barry Proctor

b. Question of approving the application of The Upper Crust Commonwealth Avenue, LLC d/b/a/ The Upper Crust, Jordan S. Tobins, manager, holder of a Wine and Malt beverages license as a Common Victualler at 888 Commonwealth Avenue for a Pledge of said license to TD Bank N.A. In Board of Selectmen April 26, 2011 Page 16 of 20

Attorney Jeffrey Blum representing the applicant stated that there were some errors made on their application to the ABCC in recording the correct name of the company and its members. The ABCC is requesting that the applications be reprocessed with the correct titles.

On motion it was unanimously,

VOTED: To approve the application of The Upper Crust-Commonwealth Avenue, LLC, d/b/a/ The Upper Crust, 888 Commonwealth Avenue for a change in members of the Company from Jordan S. Tobins, Joshua Huggard and Brendan F. Higgins, Jr. to a sole member being the Upper Crust, LLC, the members of which are Jordan S. Tobins, Joshua Huggard and Brendan F. Higgins, Jr.

VOTED: To approve the application of the Upper Crust Commonwealth Avenue, LLC, d/b/a The Upper Crust, Jordan S. Tobins, manager, holder of a Wine and Malt beverages license as a Common Victualler at 888 Commonwealth Avenue for a change in manager as follows:

From: Michael Pozzi To: Barry Proctor

VOTED: To approve the application of The Upper Crust Commonwealth Avenue, LLC d/b/a/ The Upper Crust, Jordan S. Tobins, manager, holder of a Wine and Malt beverages license as a Common Victualler at 888 Commonwealth Avenue for a Pledge of said license to TD Bank N.A.

WARRANT ARTICLES

The Board considered the question of voting on the following Warrant Articles for the May 24, 2011 Annual Town Meeting:

No. Article

2. Collective Bargaining Agreements (Human Resources

On motion it was unanimously,

VOTED: Favorable Action on the Public Library of Brookline Local 1358 MOA

In Board of Selectmen April 26, 2011 Page 17 of 20

No. Article

5. Unpaid Bills (Selectmen)

On motion it was unanimously,

VOTED: No Action on Article 5.

No. Article

8. FY11 Budget Amendments (Selectmen) On motion it was unanimously,

VOTED: No Action on Article 8.

No. Article

10. Lawrence Local Historic District (Preservation)

Preservation Planner Greer Hardwicke stated that three residents in the proposed district are requesting to be taken out. The Preservation Commission has not met yet to discuss it.

This vote was held.

No. Article

14. Zoning – Davis Path special district (Study Committee)

On motion it was unanimously,

VOTED: Favorable Action on Article 14 as recommended by the Advisory Committee.

No. Article

16. Zoning – Fencing Requirements (Planning Board)

On motion it was unanimously,

In Board of Selectmen April 26, 2011 Page 18 of 20

VOTED: Favorable Action on Article 16 with the changes of “objectionable” to “detrimental” in sections 5.62 and 5.74.

No. Article

21. Home Rule Legislation Removing Brookline from Norfolk County (Lebow)

Selectman Goldstein stated that although he agrees with the intention of the Article, he does not feel this is the right course to take. There may be unintentional consequences. Selectman Daly agreed, but added that it is unfair that Brookline pay the most to the county and receives the least in services. The Board agreed there could be some other way to bring this attention to the County officials; Selectman Goldstein will draft up some compromising language this week.

Article 21 was held.

No. Article

9. FY12 Budget (Advisory Committee)

Deputy Town Administrator Sean Cronin reviewed the House Ways and Means budget; there is $102,000 of addition State Aide above and beyond what’s been used to balance the budget. He recommended that we do nothing to this account at this moment. The Fiscal Policy Review Committee (FPRC) recommended that the $1.7 million in free cash be unallocated. The Advisory Committee voted in agreement of this, primarily because of the issue of the unreserved fund balance level. Free cash would be used to bring up the levels of the unreserved fund balance plus the stabilization fund, should the levels fall under 10%.

Another recommendation was to allocate free cash into the Affordable Housing Trust Fund. (AHTF). In order to support the Town’s efforts toward creating and maintaining affordable housing, 10% of remaining Free Cash shall be appropriated into the AHTF if the unreserved fund balance in the AHTF, as calculated in the Town’s financial system, is less than $5 million.

Mr. Cronin reviewed the recommended Free Cash policy:

1. Appropriated Budget Reserve – an amount equivalent to 0.25% of the prior year’s net revenue shall be appropriated as part of the Town’s 1% Appropriated Budget Reserve Fund, as allowed for under MGL Chapter 40, Section 6 and as described in the Town’s Reserve Policies. In Board of Selectmen April 26, 2011 Page 19 of 20

2. Unreserved Fund Balance / Stabilization Fund – Free Cash shall be used to maintain an Unreserved Fund Balance plus Stabilization Fund in an amount equivalent to no less than 10% of revenue, as defined in the Town’s Audited Financial Statements, with a goal of 12.5%, as described in the Town’s Reserve Policies. If the Stabilization Fund were drawn down in the immediate prior fiscal year, then an allocation shall be made to the Fund in an amount at least equivalent to the draw- down of the immediate prior fiscal year.

3. Liability / Catastrophe Fund – to the extent necessary, Free Cash shall be used to reach the funding target of the Town’s Liability / Catastrophe Fund, as described in the Town’s Reserve Policies.

4. Capital Improvement Program (CIP) – remaining Free Cash shall be dedicated to the CIP so that total CIP funding as a percent of the prior year’s net revenue is not less than 7.5%, to the extent made possible by available levels of Free Cash.

5. Affordable Housing Trust Fund (AHTF) – in order to support the Town’s efforts toward creating and maintaining affordable housing, 10% of remaining Free Cash shall be appropriated into the AHTF if the unreserved fund balance in the AHTF, as calculated in the Town’s financial system, is less than $5 million.

6. Special Use – remaining Free Cash may be used to augment the trust funds related to fringe benefits, unfunded liabilities related to employee benefits, including pensions and Other Post-Employment Benefits (OPEB’s), and other one-time uses, including additional funding for the CIP and AHTF.

Chairman DeWitt asked if there has been an analysis on all the reserves, she would like to see documentation listing all the funds involved. She finds the terms “Free Cash” confusing as to which accounts have restrictions on them and which don’t. Chairman DeWitt expressed concerns about voting the budget based on the presumption that these new polices will be adopted tonight.

Selectman Daly added that this is one-time money and was to be treated as free cash when it is really an anomaly. She would like the committee to review this and adjust it if necessary. Selectman Benka would like see how the new policy would work compared to the current policy, and the impacts it could have on other funds. Whatever the level of free cash is, you have moved unreserved fund balance and the stabilization fund at an increased level ahead of capital. Mr. Cronin replied that that was a very clear and distinct formula during discussion. Selectman Benka would like to hear the rationale for it.

Chairman DeWitt is uncomfortable voting for the budget tonight with this policy incorporated into. She would like more time to review it.

In Board of Selectmen April 26, 2011 Page 20 of 20

Next week is the Town Election, so the Board will meet on Thursday May 5, 2011 for further discussion on this item.

Mr. Cronin briefly updated the Board on the Advisory Committee’s modifications to the proposed budget. The major changes concern pavement bike markings, and that the Commercial Areas Coordinator’s position is cut in half. Selectman Daly noted that this is an important position that aides the commercial areas. Selectman Mermell added that it seems unfair to keep targeting a specific position and a specific employee, every six months. Town Administrator Mel Kleckner added that he will be reviewing the position, but is not comfortable cutting the position in half prior to his review.

There being no further business, the Chair adjourned the meeting at 11:00 p.m.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date.

4.bike lane plan 6. memo to BOS from TBrady tree warden 7. auth to hire forms/job descriptions 8. auth to hire form/job description 9. memo from BMcgroarty to BOS/spreadsheet 10. memo to BOS from MGoff 11.memo from Tkirrane to DPW Commissioner 11. Article materials 12.a,b,c letter to BOS from RBlood HAB/letter from BOS to DTrietsch /letter to TBrooks from BOS 13.one year action plan 14. application 15.application 16.application 17.application 18.application 19.application 20 article materials 21.April 12 minutes 22.memo from TA to BOS 23.letter from TKirrane to Pwalsh/agreement 24.leter to BOS from DPW commissioner/masshighway report 25. letter to BOS from PDitto 26. letter to TA from Chief O’Leary 27.letter from LWisel to BOS

In Board of Selectmen May 5, 2011 6th Floor Hearing Room

Present: Selectmen Betsy DeWitt, Nancy Daly, Jesse Mermell Richard Benka and Kenneth Goldstein

The Minutes of April 26, 2011 were approved as amended.

In Board of Selectmen May 5, 2011 Page 2 of 11

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

Monday May 9, the HRYR Commission will hold its Annual Youth Awards in the Main Library.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

Regina Frawley, TMM#16 spoke about the publication of delinquent tax payers and asked if there is way to avoid this. Many residents are struggling in this economy and this is an undue embarrassment. She hopes there is something the Town can do to work with these residents, maybe reduce the interest on the late fees?

Arlene Mattison, Pond Avenue spoke about traffic calming procedures and ongoing traffic issues in the Pond Avenue and Olmstead Park Area. This neighborhood has been trying to work out a remedy with Town officials for many years now.

ORGANIZATION OF THE BOARD

The Board considered the election of a Chairman for the ensuing year.

Town Administrator Mel Kleckner served as Chair Pro tem. Mr. Kleckner and the Board congratulated Selectmen Daly and Benka on their re-election.

Selectman Daly made the motion to elect Selectman DeWitt as Chair stating that she has worked well as the Chair this past year, and will continue to do so.

Selectman Mermell seconded.

On motion, it was unanimously,

VOTED: To close the nominations.

On motion, it was unanimously,

VOTED: To elect Selectman Betsy DeWitt as Chair for a one year term.

In Board of Selectmen May 5, 2011 Page 3 of 11

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to Cambodian Living Arts – Marion Institute in connection with a reception to be held on May 7, 2011 from 8:00 p.m. – 9:30 p.m. at Lawrence School, 27 Francis Street.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to Cambodian Living Arts – Marion Institute in connection with a reception to be held on May 7, 2011 from 8:00 p.m. – 9:30 p.m. at Lawrence School, 27 Francis Street.

SPECIAL TOWN MEETING

The Board considered the question of calling a Special Town Meeting within the May 24, 2011 Annual Town Meeting.

a. Question of waiving the notification requirements of Sections 2.1.2 through 2.1.4 of the town By-laws and executing the Warrant in connection with the Special Town Meeting to be held within the May 24, 2011 Annual Town Meeting.

Chairman DeWitt stated that this is in order to correct an omission of material of the plan in the original submission in the publication of the Official Warrant. There is a short period of time in order to resubmit this.

On motion it was unanimously,

VOTED: To call a Special Town Meeting within the May 24, 2011 Annual Town Meeting.

VOTED: To waive the notification requirements of Sections 2.1.2 through 2.1.4 of the town By-laws and executing the Warrant in connection with the Special Town Meeting to be held within the May 24, 2011 Annual Town Meeting.

In Board of Selectmen May 5, 2011 Page 4 of 11

WARRANT ARTICLES

Review and vote of the following Warrant Articles for the May 24, 2011 Annual Town Meeting:

No. Article

7. Adjustment of Factors for Elderly Tax Exemption (Assessors)

On motion it was unanimously,

VOTED: To reconsider Article 7.

Chairman DeWitt stated that there is some recommend language changes in order to follow the State statute and clarify the language. The changes appear in section 6.

On motion it was unanimously,

VOTED: Favorable Action on Article 7 with the language changes as recommended by the Advisory Committee.

No. Article

9. FY12 Budget (Advisory Committee)

Deputy Town Administrator Sean Cronin reviewed the following memo:

The purpose of this memo is to summarize the changes that have occurred since the FY12 Financial Plan was released on February 15th. Based on the vote of the Advisory Committee, the variances from the Financial Plan as proposed are as follows:

The Advisory Committee last night reconsidered their vote on the Planning and Community Development budget and chose to fully fund the Commercial Areas Coordinator position.

1. Schools – the original budget was $74,740,587. After re-allocating their share of the reduction in the Group Health budget that resulted from the final GIC rates ($511,477) and crediting their budget for health insurance costs associated with the reduction of 10 FTE’s in their final budget ($78,280), their new appropriation is $75,330,344. This final number results in an overall increase of $3.3 million (4.6%) from FY10. 2. Group Health – as described in #2, the Group Health budget is reduced $589,757. It should be noted that the Town’s share of the reduction in the Group Health budget In Board of Selectmen May 5, 2011 Page 5 of 11

that resulted from the final GIC rates ($449,340) remains in this line-item. This is being recommended because of the continued uncertainty of final State Aid figures and the unknown final impact the recent surge in oil prices will have on the Town’s procurement of vehicle fuel (gas and diesel). Once these issues are resolved, a budget amendment at the Fall Town Meeting can re-allocate these funds as needed.

3. Bicycle Access Improvements (CIP) – originally a $50,000 request, the final amount approved by the Advisory Committee was $48,040. The balance ($1,960) was moved into Sidewalk Repair/Reconstruction

4. Billy Ward Playground (CIP) – originally a $660,000 request, the final amount approved by the Advisory Committee was $630,000. The balance ($30,000) was moved into Tree Removal and Replacement.

The Advisory Committee also included restrictive language on a number of CIP appropriations:

1. Street Rehab – the words “, with notification, in advance of plans being submitted for bids, to the Board of Selectmen of any changes to pedestrian, bicycle, or motor vehicle traffic patterns or to pavement markings” were added at the end of the language included in the warrant.

2. Sidewalk Rehab – the words “, including “no bike” stenciling in commercial areas” were added at the end of the language included in the warrant.

3. Bicycle Access Improvements – the words “; provided that all lane marking and symbols used shall be in compliance with the 2009 Manual on Uniform Traffic Control Devices (MUTCD)” were added at the end of the language included in the warrant.

4. Billy Ward Playground – the words “; provided that no more than $60,000 shall be expended prior to December 1, 2011” were added at the end of the language included in the warrant.

5. Clark Playground – the words “; provided that no more than $40,000 shall be expended prior to December 1, 2011” were added at the end of the language included in the warrant.

6. Masonry Repairs – this $250,000 appropriation was re-worded to be “for costs associated with building envelope repairs, including chimneys, in Town and School buildings.”

In Board of Selectmen May 5, 2011 Page 6 of 11

7. Pierce School Auditorium – the words “provided that no funds shall be expended for said extraordinary repairs prior to December 1, 2011” were added at the end of the language included in the warrant.

FREE CASH: Appropriate and transfer $5,380,264 from free cash for the following purposes:

a.) Reduce the tax rate (Special Appropriations) – $4,413,753; b.) Operating Budget Reserve Fund (MGL Chapter 40, Section 6) – $469,288; c.) Liability/Catastrophe Fund (Chapter 66 of the Acts of 1998, as amended) – $141,959; d.) Housing Trust Fund – $355,264.

The formula for the Housing Trust Fund was based on a trigger base; going forward it will be calculated on an as needed base. This amount reflects the trigger based formula because this year there is a lot of activity in affordable housing with the Fisher Hill and Dummer Street Projects.

Selectman Goldstein noted the Commercial Areas Coordinator position and stated that this position has been very helpful to the local merchants. Chairman DeWitt added that this position played an important role in getting the local merchants support for the meter increases, which will result in substantial revenue for the Town. Selectman Benka stated that the Town Administrator will be reviewing the Planning and Community Development’s budget along with other Departments and he would not like to make a decision on a budget change before the review is done.

On motion it was unanimously,

VOTED: Favorable Action on Article 9 as recommended by the Advisory Committee.

No. Article

19. Traffic Calming Resolution (Mattison)

Petitioner Hugh Mattison stated that he has added some language in order to simplify it and make it more direct. He is not in agreement with the Advisory Committee’s amendment. The Transportation Board’s policy is to appoint a Design Review Committee for all its traffic calming projects, which has not been practiced. The second issue is should the Selectmen use CIP funds for projects which has ignored the specific requirements of the policies. Should the Selectmen not vote in favor of Article 19, it would set an example that Boards and Commission do not have to follow their own policies. In Board of Selectmen May 5, 2011 Page 7 of 11

Chairman DeWitt noted that the Traffic Calming policies and regulations were approved by the Selectman in September 2001.

Selectman Goldstein proposed an amendment to the Advisory Committee’s by adding something to the effect that in the interim of developing new policies, the Transportation Board must follow its existing policy voted by the Board of Selectmen in 2001.

Selectman Daly noted that there is a public policy that has not been followed. She agreed the way it is done now may be proven a better approach, but, nonetheless it is not the policy.

Mike Sandman, Chair of the Transportation Board stated that the Selectmen adopted a 13 step policy, which does include a Design Review Committee (DRC), which is the only part of the policy that has not been followed. He agrees that the adopted policy should have been followed. The DRC never came to their attention; they have been working with neighborhood groups instead of a DRC, the Transportation Board feels that this is a better method. He added that there was a DCR appointed for the Winchester Street project.

Selectman Daly asked about projects in the works right now where the DRC policy is not being followed. Mr. Sandman replied the High Street Project did not follow the policy but, the majority of the neighbors had very specific input. He added that the vast majority of neighbors on Pond Ave are in favor of the current plans; this includes residents of the Brook House and The Park condominiums.

Selectman Daly asked what is the harm in taking the five proposed speed-bumps down to 2 or three speed-bumps, and see how that goes. She also expressed concern about five raised crosswalks and its effects on fire trucks, and their response time. Mr. Sandman replied that the Fire Department offered no opposition. A trial was run on the street and the increase of time was no more than 30 seconds. It was determined that five bumps, spaced out properly made the most sense.

Selectman Benka stated that they could adopt the petitioners Article, take a No Action vote based on the recommendation that the Transportation Board will look into, and revise their policy, or go with the Advisory Board and their resolution to direct the Transportation Board to take some action. Selectman Benka addressed projects that are in process right now.. should they be taken back and brought through the 2001 process? He indicated that no appeals have been made on any current projects which is also something to consider.

Mr. Mattison added that this issue is much broader than Pond Avenue. He added that his family has done more than any of the constituents at the Brook House or the The Park Condominiums for the Town over the years. The goal is to lower the speed levels. You have to look at the road as one, not just in front of each residence. In Board of Selectmen May 5, 2011 Page 8 of 11

Selectman Goldstein stated that the Advisory Committees recommendation makes the most sense, with the amendment that in the interim the Transportation Board follows the formally adopted policies.

On motion it was

VOTED: 4-1 Favorable Action (Benka against) on the amendment of Article 19.

VOTED: 5-0 Favorable Action on Article 19 as recommended by the Advisory Committee and amended as follows:

VOTED: that the Town adopt the following resolution:

Whereas, changes to create traffic calming can have a significant effect on the daily lives of residents;

Whereas, the existing Traffic Calming Policy and Procedures were written and voted by the Board of Selectmen in 2001 at which time traffic calming was a new idea in Brookline;

Whereas the Transportation Board has had ten years of experience in developing and implementing traffic calming measures;

Whereas new approaches and strategies for traffic calming continue to evolve;

NOW, THEREFORE BE IT RESOLVED THAT:

Town Meeting urges the Transportation Board to assess and evaluate its current Traffic Calming Policy and Procedures and revise them, where necessary, to reflect best practices regarding traffic calming planning, including public outreach and participation, development, and implementation; and follow the existing policy voted by the Board of Selectmen in 2001 in the interim; and

BE IT FURTHER RESOLVED, that Town Meeting urges the Transportation Board to submit its findings to the Board of Selectmen by the end of November 2011, after soliciting public input at least one public hearing.

No. Article

20. Robocall Resolution (Burstein)

Petitioner Michael Burstein stated that a revised version has been offered by the Advisory Committee which he supports. In Board of Selectmen May 5, 2011 Page 9 of 11

Selectman Daly stated that she feels this infringes on the 1st amendment of political speech. Mr. Burstein replied that this is not a 1st amendment issue, they are not asking for people not call people and leave a message, they just don’t want this particular way to leave a message. Selectman Goldstein agrees with Selectmen Daly and he does not support any regulation of political speech.

Selectman Mermell feels that there is no difference between manually calling someone and using technology to do it; free speech is part of the political process. Selectman Benka feels that the Advisory Committees amendment allows for someone to take their name out of the database, or for the hours of calls to be limited. This Article asks that this issue be looked at and considered for legislation. It is not overstepping the First Amendment; it is not banning the calls. Mr. Burstein added that he has spoke to many citizens who oppose the disruption and intrusion of these calls.

Selectman Daly added that she would favor the Article if it addressed those opposed to the calls for religious reasons.

On motion is was,

VOTED: 3-2 No Action on Article 20. Daly Aye Goldstein Aye Mermell Aye Benka No DeWitt No

No. Article

21. Home Rule Legislation Removing Brookline from Norfolk County (Lebow)

Chairman DeWitt stated that they have worked hard to express concerns about how the current system assesses its county members. Brookline makes the most contribution, yet, receives the least in benefits. Selectman Mermell stated that she feels this Article is not the appropriate avenue to take to address some of our issues. There are more productive routes to follow. She is against the Article not based on its merits, but on its tactics.

Selectman Benka noted Selectman Goldstein’s changes to the original Article.

On motion it was,

VOTED: 4-1 Favorable Action on Article as amended by Selectman Goldstein, Selectman Mermell against. In Board of Selectmen May 5, 2011 Page 10 of 11

RESOLUTION AUTHORIZING AND REQUESTING THE BOARD OF SELECTMAN TO PETITION THE TOWN’S LEGISLATIVE DELEGATION TO STUDY THE INEQUITABLE NORFOLK COUNTY ASSESSMENT OF BROOKLINE AND OTHER MUNICIPALITIES AND TO ENACT LEGISLATION TO REMEDY SUCH INEQUITIES.

WHEREAS. County governments are seen as outmoded and inefficient and in 1997 and 1998 the General Court of the Commonwealth of Massachusetts dissolved most county governments (Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex, Suffolk, and Worcester Counties).

WHEREAS Most of the functions, services and duties of the dissolved county governments were transferred to state offices. For example, the duties of the Registries of Deeds all now come under the Office of the Secretary of State while the Sheriffs and jails come under the Executive Office of Public Safety.

WHEREAS In dissolving most county governments the Commonwealth took on liability for continuing liabilities associated with the dissolved county governments such as pensions and other post-employment benefits.

WHEREAS Norfolk County and several other county governments in southeastern Massachusetts remain.

WHEREAS The Town of Brookline continues to pay mandatory assessments to Norfolk County government.

WHEREAS For Fiscal Year 2012, the Norfolk County assessment for the Town of Brookline is nearly $700,000, which is an increase of more than 9% over the prior year.

WHEREAS Municipalities which are located in counties where the county government has been dissolved receive essentially the same services from the Commonwealth as those formerly provided by the county but pay no mandatory assessment to a county government.

WHEREAS Municipalities which are located in counties where the county government has been dissolved do not contribute toward the continuing liabilities of the former county government.

WHEREAS It is unfair and inequitable that Brookline, and other similar municipalities, should be saddled with large county government assessments while municipalities located in counties where county government has been dissolved receive essentially the same services without paying an assessment.

WHEREAS Assessment paid by municipalities to the county government are based on the municipality’s property tax assessments and, therefore, the Town of Brookline’s financial In Board of Selectmen May 5, 2011 Page 11 of 11

contribution to Norfolk County government is dramatically disproportionate to its population and to the benefits the Town receives. WHEREAS Except for the physical plant of the Brookline District Court, the Town of Brookline derives minimal benefit from Norfolk County government and the few benefits which are derived could easily be provided for in an alternative and more cost efficient means.

AND WHEREAS It is unfair and inequitable that the Town of Brookline should pay a disproportionate share of the Norfolk County government assessment relative to the benefits received by the Town of Brookline.

NOW IT IS THEREFORE RESOLVED that the Board of Selectman are authorized and requested

1. To communicate with other Norfolk County municipalities about the inequities inherent in the current county government system and to coordinate with other Norfolk County communities who seek a remedy. 2. To petition the Town’s legislative delegation to study the inequitable status, structure and assessment mechanism of remaining county governments. 3. To petition the Town’s legislative delegation to enact legislation to dissolve Norfolk County government or provide another remedy which will correct such inequities so that all municipalities within the Commonwealth, regardless of their geographical county, receive similar services at fair and similar costs. 4. To petition the Town’s legislative delegation to enact legislation which, if Norfolk County government is to continue, will correct such inequities so that the Town of Brookline, and other similar municipalities within Norfolk County, pay county assessment proportional to the benefits derived. 5. To issue a written report on the progress made on or before September 15, 2011 and to report further in this regard at the next Town Meeting.

There being no further business, the Chair adjourned the meeting at 8:30 p.m.

ATTEST

In Board of Selectmen May 10, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein

The Minutes of May 5, 2011 were approved as amended

In Board of Selectmen May 10, 1011 Page 2 of 14

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

May 11, the Brookline Community Foundation will hold “Youth Grant Makers” at St. Paul’s Church. May 14, local mail carriers will be collecting non perishable items for the local food bank. May 15, Brookline Bikes Annual event, BHS concert at Temple Ohabei Shalom 1187 Beacon St, at 4 pm.

SELECTMEN UPDATES

Reports by individual Selectmen on activities related to carrying out the responsibilities of the Board.

The Human Relations/Youth Resources held its Annual Youth Awards. Once again, a very impressive and notable group of local youths were recipients.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

AMENDMENT

The Board considered the question of approving an Amendment in the amount of $21,133 for work to be performed by MDS/Miller Dyer Spears, in connection with the Heath School Project. Said amendment to be funded from account 2510K075 6B0111.

Ray Masak, Project Manager, stated that this is for the feasibility phase as required by the Massachusetts School Board Authority. The changes are due to oil contamination that requires additional testing.

On motion it was unanimously,

VOTED: To approve an Amendment in the amount of $21,133 for work to be performed by MDS/Miller Dyer Spears, in connection with the Heath School Project. Said amendment to be funded from account 2510K075 6B0111. In Board of Selectmen May 10, 1011 Page 3 of 14

CONTRACT AMENDMENTS

The Board considered the question of approving the following Contract Amendments for work to be performed by Design Partnership of Cambridge in connection with the Runkle School Project. Said amendments to be funded from account 2594C165 524003:

Amendment #8 $12,700 Administration Services

Amendment #9 $40,780 Professional Services

Ray Masak, Project Manager stated that this is for construction administration services, and services related to PCB testing.

On motion it was unanimously,

VOTED: To approve the following Contract Amendments for work to be performed by Design Partnership of Cambridge in connection with the Runkle School Project. Said amendments to be funded from account 2594C165 524003:

Amendment #8 $12,700 Administration Services

Amendment #9 $40,780 Professional Services

CONTRACT

The Board considered the question of awarding Contract No PW/11-27 “Riverway Path Reconstruction” in the amount of $176,409.76 to Sunshine Paving Corp. of Chelmsford. Said contract to be funded from account 1848G011 6P0021 (Pathway Construction).

Public Works Commissioner Andy Pappastergion stated that this is for reconstruction of the path by Netherlands Road. There will be no interference with the Muddy River Improvement Project.

On motion it was unanimously,

In Board of Selectmen May 10, 1011 Page 4 of 14

VOTED: To award Contract No PW/11-27 “Riverway Path Reconstruction” in the amount of $176,409.76 to Sunshine Paving Corp. of Chelmsford. Said contract to be funded from account 1848G011 6P0021 (Pathway Construction).

CONTRACT

The Board considered the question of awarding Contract No. PW/11-26 “Reconstruction of Three Streets and Allied Work” in the amount of $321,975.40 to Lorusso Corporation of Plainville. Said contract to be funded from account 4910K058 6H0026 (Street Rehab).

Public Works Commissioner Andy Pappastergion stated that this is for reconstruction on Dummer Street, Lancaster Terrace, and Martha’s Lane. Mr. Pappastergion will consult with the Brookline Housing Authority to avoid any interference with the Dummer Street Project.

On motion it was unanimously,

VOTED: To award Contract No. PW/11-26 “Reconstruction of Three Streets and Allied Work” in the amount of $321,975.40 to Lorusso Corporation of Plainville. Said contract to be funded from account 4910K058 6H0026 (Street Rehab).

EXTRA WORK ORDER

The Board considered the question of approving Extra Work Order No. 1 in the amount of $64,614.16 for work to be performed by Sunshine Paving, Inc. in connection with Contract No. PW/10-06 “Winthrop Square Landscape Improvements”. Said contract to be funded from accounts: 4909 K082 6P0057 $59,614.16 49955SW30 534120 $5,000.00

Public Works Commissioner Andy Pappastergion stated that this is for miscellaneous items in connection with Winthrop Square. The major items include water irrigation, surface updates and removal of concrete.

On motion it was unanimously,

VOTED: To approve Extra Work Order No. 1 in the amount of $64,614.16 for work to be performed by Sunshine Paving, Inc. in connection with Contract No. PW/10-06 “Winthrop Square Landscape Improvements”. Said contract to be funded from accounts:

In Board of Selectmen May 10, 1011 Page 5 of 14

4909 K082 6P0057 $59,614.16 49955SW30 534120 $5,000.00

OUTSIDE SEATING COMMON VICTUALLER LICENSES

The Board considered the question of renewing the following Outside Seating Common Victualler licenses:

Café Fixe 1642 Beacon St. 4 Seats The Fireplace 1634 Beacon St. 20 Seats Golden Temple 1651 Beacon St. 32 Seats

On motion it was unanimously,

VOTED: To renew the following Outside Seating Common Victualler licenses:

Café Fixe 1642 Beacon St. 4 Seats The Fireplace 1634 Beacon St. 20 Seats Golden Temple 1651 Beacon St. 32 Seats

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to the William H. Lincoln School PTO in connection with a Spring Dance to be held on May 20, 2011 from 7pm-11pm at 19 Kennard Road.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to the William H. Lincoln School PTO in connection with a Spring Dance to be held on May 20, 2011 from 7pm-11pm at 19 Kennard Road.

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSES (not for sale)

The Board considered the question of granting temporary All Kinds of Alcoholic beverages (not for sale) licenses to the Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street.

May 12th 6pm-10pm Exhibit Reception May 14th 3:30pm-10:30pm Wedding Reception May 22nd 5pm-9pm Anniversary Party In Board of Selectmen May 10, 1011 Page 6 of 14

May 28th 4pm-11pm Wedding Reception On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic beverages (not for sale) licenses to the Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street.

May 12th 6pm-10pm Exhibit Reception May 14th 3:30pm-10:30pm Wedding Reception May 22nd 5pm-9pm Anniversary Party May 28th 4pm-11pm Wedding Reception

TEMPORARY LIQUOR LICENSES

The Board considered the question of granting the following temporary liquor licenses to Boston University in connection with events to be held at 808 Commonwealth Avenue:

May 19th 4pm-7pm Commencement Wine & Malt Reception

May 19th 9pm-1am Banquet Function All Kinds

On motion it was unanimously,

VOTED: To grant the following temporary liquor licenses to Boston University in connection with events to be held at 808 Commonwealth Avenue:

May 19th 4pm-7pm Commencement Wine & Malt Reception

May 19th 9pm-1am Banquet Function All Kinds

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to Pine Manor College in connection with the following events to be held at 400 Heath Street.

May 12th 5pm-10pm Reception/Dinner In Board of Selectmen May 10, 1011 Page 7 of 14

May 16th 5pm-10pm Reception/Dinner On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to Pine Manor College in connection with the following events to be held at 400 Heath Street.

May 12th 5pm-10pm Reception/Dinner May 16th 5pm-10pm Reception/Dinner

APPROPRIATION TRANSFER The Board considered the question of approving the following appropriation transfer within the Police Department budget:

From: 21002010 531015 $5,000.00 Admin-DP Supplies

To: 21002010 551099 $5,000.00 Admin – Ed/Training/Conferences

From: 21002010 531015 $3,000.00 Admin – DP Supplies

To: 21002020 522040 $3,000.00 Patrol Equip, R&M

Business Manager Anthony Ansaldi stated that there are extra funds in data processing supplies which can be of better use in other areas of the department.

On motion it was unanimously,

VOTED: To approve the following appropriation transfer within the Police Department budget:

From: 21002010 531015 $5,000.00 Admin-DP Supplies

To: 21002010 551099 $5,000.00 Admin – Ed/Training/Conferences

From: 21002010 531015 $3,000.00 Admin – DP Supplies

To: 21002020 522040 $3,000.00 Patrol Equip, R&M In Board of Selectmen May 10, 1011 Page 8 of 14

PPROPRIATION TRANSFER

The Board considered the question of approving the following appropriation transfer within the Fire Department budget:

From: 22002050 522070 $8,000.00 M/V Maint/Repair

To: 22002050 534230 $8,000.00 M/V Supplies

From: 22002010 522016 $1,000.00 Admin – Software R&M

To: 22002050 534230 $1,000.00 M/V Supplies

Business Manager Anthony Ansaldi stated that this is moving funds from the in- house repair account to the outside service repairs and supplies account.

On motion it was unanimously,

VOTED: To approve the following appropriation transfer within the Fire Department budget:

From: 22002050 522070 $8,000.00 M/V Maint/Repair

To: 22002050 534230 $8,000.00 M/V Supplies

From: 22002010 522016 $1,000.00 Admin – Software R&M

To: 22002050 534230 $1,000.00 M/V Supplies

INTERIM DIRECTOR OF FIRE AND EMS

Town Administrator Mel Kleckner introduced Interim Director of Fire and Emergency Medical Services John Green.

In Board of Selectmen May 10, 1011 Page 9 of 14

Mr. Kleckner stated that he is pleased to have former Fire Chief Green as the Interim Director of Fire and EMS. This will allow a level playing field for any internal applicants. Chief Green replied that it is nice to be back and it has been a good transition.

The Board expressed their gratitude, and is comfortable with this interim position.

PROCLAMATION

The Board considered the question of adopting a Proclamation proclaiming May 15- 21, 2011 as National Public Works Week in the Town of Brookline.

Public Works Commissioner Andy Pappastergion stated that National Public Works Week serves as a time to recognize the contributions of public works professionals who work daily to improve the quality of life, and provide protection to our environment.

The Department of Public Works will hold its annual DPW Open House at the Municipal Service Center on May 17, 2011.

On motion it was unanimously,

VOTED: To adopt the following Proclamation proclaiming May 15-21, 2011 as National Public Works Week in the Town of Brookline.

WHEREAS public works infrastructure, facilities, parks and opens paces, and services are of vital importance to the health, safety and well-being of the residents of Brookline; and

WHEREAS it has been demonstrated that public works provides critical response capabilities, experience and support to all levels of government and town agencies in times of natural and man-made disasters; and

WHEREAS it is on the public inertest for the citizens and civic leaders of this community to gain knowledge of and to maintain a progressive interest in the public works needs and programs and employees;

NOW, THEREFORE, WE, The Board of Selectmen of the Town of Brookline do hereby designate the week May 15-21, 2011, as the National Public Works Week; and I urge all our people to join in representatives of governmental agencies and the American Public Works Association in activities and ceremonies designed to pay tribute to our public works employees and to recognize the substantial contributions of health and welfare they provide daily on a local and national level.

In Board of Selectmen May 10, 1011 Page 10 of 14

PERSONNEL –ENGINEERING

The Board considered the question of authorizing the filling of a vacancy in the position of Civil Engineer III, Grade EN-03 in the Engineering Division.

Public Works Commissioner Andy Pappastergion stated that this position became available due to a recent retirement.

On motion it was unanimously,

VOTED: To authorize the filling of a vacancy in the position of Civil Engineer III, Grade EN-03 in the Engineering Division.

The Board took a ten minute recess 7:50 pm

BROOKLINE BIKES BEACON

John Dempsey of the Bicycle Advisory Committee appeared to update the Board on the events surrounding the Brookline Bikes Beacon scheduled for Sunday May 15, 2011.

John Dempsey, Brookline Bicycle Advisory Committee stated that the 4th annual bicycle parade will be held on Sunday May 15, 2011. The parade will start at Amory Playground, travel up Beacon Street to Cleveland Circle and follow a route back to Amory Playground. A post parade party is planned with ice cream and a band. Mr. Dempsey expects another successful event this year.

The Board thanked him for the update.

SENSIBLE DEVELOPMENT

John Bassett and members of the Brookline Neighborhood Alliance appeared to discuss concerns regarding Sensible Development.

John Bassett of the Brookline Neighborhood Alliance updated the Board on their March 23, 2011 meeting. Some concerns that came up included: timely notice of proposals, clarification of the By-laws, decisions need to be clearly explained, the make-up of the Board of Appeals, (a design professional is desired), support from the Town staff when needed, and a zoning by-law that is promptly and fairly enforced.

Mr. Bassett also spoke about redevelopment and its effects on the neighborhoods. He would like to see more down-zoning and more local historic districts created to protect neighborhoods.

In Board of Selectmen May 10, 1011 Page 11 of 14

Bill Pu, a South Brookline resident spoke about the Hancock Village Development plans for expansion. He feels that the original agreement made in 1946 is not being explored enough by the Town, and important information including the fiscal impact statement has been withheld from the public. Mr. Pu feels that the Town Officials are taking a passive role in this in this development project, because of the potential revenue. He hopes that the process at the starting point for residents will become more user friendly and easy access to documents, and tools that will help residents understand how the process is going to work, and what the boundaries are.

Selectman Goldstein responded to a memo submitted by the Brookline Neighborhood Alliance that stated that the Town Officials are only interested in maximizing tax revenue. He feels that is an unfortunate characterization of Town Government. The goal is not to maximize tax revenue but to balance all the communities’ interest, including tax revenue when appropriate. In reference to the Hancock Village Project, he knows of no Selectmen that are not opposed to development there.

Dan Saltzman, White Place spoke about his personal experience in dealing with a proposed development in his neighborhood that would impact his property. The process was very difficult to grasp and he felt like he was up against the system as a whole. He did add that having gone through this; he does understand that the Town has to follow its By- laws and case laws. He learned that it is not the people, but the process that makes one feels on the defensive. The Davis path Planning Committee was a helpful resource. Mr. Saltzman would like to see some changes in the process and improvements to the By-laws that he feels now favors developers.

Chairman DeWitt replied that the Selectmen have to work within the zoning by-law and case law. The decisions that are made are governed by prior decisions. Mr. Saltzman stated that he understands that now, but going into it he had different expectations. He wished he knew that in the beginning of his process.

Selectman Goldstein stated that he agrees with Mr. Saltzman, a lot of people don’t understand the process; it is incredibly dense and difficult to weed through the zoning by- laws and regulations. To make the kind of changes that would actually simplify things would be extremely difficult.

Selectman Mermell added that the Board of Selectmen share in the frustration. They receive a lot of phone calls from concerned citizens, and the Selectman has to relay that there are limited avenues that the Selectmen and Town officials can take. They try to make the process as transparent and fair as they can. Mr. Saltzman said that to have a Planning Board staff member sit and walk someone through the process would be very helpful.

Selectman Benka added that they learned some lessons from the Davis Path Planning Committee, and it was not a generalizable process. One thing that needs to be looked at is how we can replicate the essence of the process for other projects without the In Board of Selectmen May 10, 1011 Page 12 of 14

enormous commitment of time that was involved with Davis Path. This particular committee had consisted of residents with extensive knowledge on the subject. Perhaps Design Review Committees can be looked at and possibly given expanded authority.

Selectman Daly stated that the Planning Department staff receives very angry and nasty calls from residents that didn’t get the answers they wanted. The blame should not be on them when they are following the rules and regulations.

Sean Lynn Jones TMM#1 stated that neighborhoods really are interested in sensible development, and not opposed to everything. It is difficult to compete with developers in most cases. There has been progress made in improving the Zoning Board of Appeals particularly in enforcement. There has been some improvement, but there still is a lot more that needs to be done. The role of the Department of Planning and Community Development needs to be in the forefront of development projects, and actively involved with them.

Chairman DeWitt stated that they all work to try and balance the interest of everyone. She hopes that there could be a partnership with the neighborhoods alliances and a conversation to start with on how to approach the user friendly questions. It is also important for residents to understand the limits of authority and power in reality.

Jeff Levine, Director of Planning and Community Development stated that they are constantly learning about what they can do better to preserve neighborhoods. They can’t do everything that people want, but do as much as they can. The staff is available to answer any resident’s questions and concerns.

INFORMATION TECHNOLOGY- UPDATE

Chief Information Officer Kevin Stokes appeared to update the Board on Information Technology issues.

Chief Information Officer Kevin Stokes updated the Board on current technology upgrades. On outbound resources, a new website is being designed, it will consist of integrating all different channels, and information delivery will be streamlined to allow the user to choose what information they want. The new website will be called BrookONline, and is expected to launch this summer. An agenda management program will allow agendas and documents available in real time, and will include the meeting minutes. On the inbound resources, work orders, notification of pot holes, lights out, and graffiti are examples of incoming notifications. The Department of Public Works will implement a system where the notification can be submitted and tracked as to where it is in the process, resulting in final notification that the ticket has been resolved. An online bill paying component will allow the user to pay their bills online and view their history.

In Board of Selectmen May 10, 1011 Page 13 of 14

Town Administrator Mel Kleckner added that when he first started looking into this, he realized that Brookline had a lot of catching up to do. The Technology Department has come a long way since its first initiatives.

Mr. Stokes noted that Selectman Mermell has been a long time proponent of governmental interaction software. Selectman Mermell stated that this will not interfere or replace the current practices, this is just an alternative.

The Board looks forward to the new technology features.

CIRCLE CINEMA DEVELOPMENT

Presentation of the Circle Cinema PILOT & Development Agreement.

Paul Saner, TMM#13 reviewed the Circle Cinema PILOT & Development Agreement, which is in draft form.

In addition to a typical 75-year Payment in Lieu of Taxes (PILOT) agreement, this agreement includes:

1) Hotel occupancy taxes as part of the PILOT agreement, including provisions to continue such revenue stream in the event that it was no longer otherwise required; 2) An agreement to limit any overnight stays to 90 days or less, which reflects a type of use that triggers hotel occupancy taxes, as well as effectively preventing any future conversion from hotel to a residential or dormitory use; 3) A financial penalty for PILOT payments that incentivizes concurrent construction of both the Boston and Brookline portions of the Cinema site; and 4) An agreement to not pursue any development plans that would “build around Brookline,” for example, a development that utilizes the Applebee’s site for sole access to the Boston portion of the Circle Cinema Site.

The Board thanked everyone involved in working out this well thought out agreement. Selectman Mermell added that this will give the Town some security as a minority player in the site plans. We are moving forward on the finance plans now, not on the design plans. We are aware of the neighborhood concerns.

There being no further business, the Chair adjourned the meeting at 9:50 pm.

ATTEST In Board of Selectmen May 10, 1011 Page 14 of 14

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date. 1.Spreadsheet from SDeBow 7.letter to BOS from DPWCommissioner/proclamation/memo from DPW commissioner to TMM&Boards and Commissions 8. auth to hire form/job decription 9.letter from Tkirrane to BSO 10.email to BDewitt from JBassett 12.letter to BOS from KBrewton/draft agreement 13. May 5 minutes 16.poc form/ MDS amendment 17.poc form/amendment 18. letter to Bos from DPW commissioner/coding approval form 19. letter to Bos from DPW commissioner/coding approval form 20. letter to Bos from DPW commissioner/amendment approval form 21. application 22. application 23. application 24. application 25. application 26. memo from AAnsaldi to SCronin/appropriation transfer form 27. memo from AAnsaldi to SCronin/appropriation transfer form

1.

In Board of Selectmen May 17, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein.

The Minutes of May 10, 2011 were approved as amended.

In Board of Selectmen May 17, 2011 Page 2 of 31

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel.

X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

In Board of Selectmen May 17, 2011 Page 3 of 31

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen May 17, 2011 Page 4 of 31

Selectman Goldstein stepped out 6:40

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

May 18th the Commission for the Arts will hold reception honoring its grant recipients at 6 pm Hunneman Hall at the Main Library The Redistricting Committee is moving forward Meet the DPW Commissioner on May 18th Town Hall

SELECTMEN UPDATES

Reports by individual Selectmen on activities related to carrying out the responsibilities of the Board.

DPW Open House was a success The Bike Parade was a success The Lower Beacon Street MWRA Project will be discussed at a Transportation Board meeting on May 19 at the Town Hall, parking issues will be discussed.

Selectman Benka noted that there will be limited parking in the lower Beacon Street area due to the MWRA Project. He is dismayed that there was not a more thorough examination of this before the contract was executed. Selectman Benka hopes that a full understanding of the implications will be explored before any contracts for projects are executed in the future.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

Alia Murphy a student at the Norfolk County Agricultural High School spoke in opposition of Article 21. She spoke about her experience as a student at the school and how it has been beneficial to her. Ms. Murphy hopes to continue attending the school.

PARK SCHOOL FOURTH GRADERS

Ted Wills and his 4th Grade students at the Park School appeared to present their proposal to reduce the Town’s carbon emission and phone book problem in the community and country.

Students from the Park School spoke about the delivery of Yellow Pages phone books and its effects on the environment. The students outlined the survey they conducted In Board of Selectmen May 17, 2011 Page 5 of 31

that showed data indicating that Brookline residents strongly support trimming down the delivery of Yellow Pages. The students proposed an opt-out or an opt-in solution, as well as designating a public building to house the books for those who want one. The students reviewed their statistics and are committed to help lower the Town’s carbon emissions.

The Board thanked the students for their presentation and offered to refer the matter to the Brookline Climate Action Committee for further review. Selectman Mermell acknowledged that this is an important task they have taken on and will be working with the Brookline Climate Action Committee to address it.

On motion it was unanimously,

VOTED: To refer this proposal to the Brookline Climate Action Committee.

TEMPORARY LICENSE AGREEMENT

The Board considered the question of authorizing the Town Administrator to sign a Temporary License Agreement with Verizon Wireless for the installation of an in-building repeater service for public safety Verizon phone service.

Chief O’Leary stated that this is for a temporary license for Verizon to place certain communication equipment at the DPW Facility on Hammond Street. This will enhance wireless communication for the upcoming Urban Shield initiative, which is a Public Safety training event in Boston. The equipment is temporary, and at no cost to the Town.

Selectman Benka added that any damage to the property will be restored by Verizon. The Town is protected in this regard.

On motion it was unanimously,

VOTED: To authorize the Town Administrator to sign a Temporary License Agreement with Verizon Wireless for the installation of an in-building repeater service for public safety Verizon phone service.

PILOT AGREEMENT

The Board considered the question of executing a PILOT and Development Agreement with First General Realty Corp. in connection with the “Cleveland Circle” Project.

In Board of Selectmen May 17, 2011 Page 6 of 31

Kara Brewton, Economic Development Director stated that the agreement is in the final draft. They are working on strengthening some language. The final agreement will be completed for approval next week.

There was no vote on this agenda item.

CONTRACT

The Board considered the question of executing Contract No. PW/11-26 “Reconstruction of Three Streets and Allied Work” in the amount of $321,975.40 to Lorusso Corporation of Plainville. Said contract was awarded on May 10th and will be funded from the following accounts:

4910K058 Street Rehab $199,590.40 4910K097 Landfill Settlement $122,385.90

On motion it was unanimously,

VOTED: To execute Contract No. PW/11-26 “Reconstruction of Three Streets and Allied Work” in the amount of $321,975.40 to Lorusso Corporation of Plainville. Said contract was awarded on May 10th and will be funded from the following accounts:

4910K058 Street Rehab $199,590.40 4910K097 Landfill Settlement $122,385.90

CONTRACT

The Board considered the question of executing Contract No. PW/11-27 Riverway Path Reconstruction in the amount of $176,409.76 to Sunshine Paving Corp of No. Chelmsford. Said contract was awarded on May 10th and will be funded from account 1848G011 6P0021 (Pathway Reconstruction)

On motion it was unanimously,

VOTED: To execute Contract No. PW/11-27 Riverway Path Reconstruction in the amount of $176,409.76 to Sunshine Paving Corp of No. Chelmsford. Said contract was awarded on May 10th and will be funded from account 1848G011 6P0021 (Pathway Reconstruction)

Selectman Goldstein returned 7:35

In Board of Selectmen May 17, 2011 Page 7 of 31

CONTRACT AMENDMENT

The Board considered the question of authorizing the Chairman to execute a contract amendment and extension with Vanasse Hangen Brustlin, Inc. in connection with the following FY 2007 CDBG activity:

Dept. of Planning & Com. Development Gateway East Design and Engineering $87,300.00

Jeff Levine, Director of Planning and Community Development stated that the contract has been amended to provide engineering services in order to qualify for State funding through the Transportation Improvement Program (TIP). As a result of the funding choice, the project design will need to adhere to MassDOT Project Development and Design Guide. Mr. Levine added that they may not be programmed right away, but this will help the project get in the queue. Selectman Goldstein asked about street striping, and that any future plans for them may interfere with a current Warrant Article. Mr. Levine replied that there are plans for striping, they will be reviewed.

Chairman DeWitt asked if the work will be done prior to getting feedback from the Department of Transportation. Mr. Levine replied that they will be done simultaneously. Should we receive notice that there will be no funding, we would not move forward with the additional requirements. He is confident that the project will receive favorable scores.

Selectman Benka would like to address construction management plans and changes in traffic patterns before the contracts go out to bid. The Advisory Committee has included this as a condition with respect to street rehabilitation in the FY12 budget.

On motion it was,

VOTED: 4-0-1 Selectman Benka abstained To authorize the Chairman to execute a contract amendment and extension with Vanasse Hangen Brustlin, Inc. in connection with the following FY 2007 CDBG activity:

Dept. of Planning & Com. Development Gateway East Design and Engineering $87,300.00

CDBG TRANSFERS

The Board considered the question of approving the following CDBG transfers:

FROM: FY2009

Hallway Design at Veterans Development $30,449.80 1807 G009 6C0039

In Board of Selectmen May 17, 2011 Page 8 of 31

Walnut St. Apartments, Fire Safety Doors $21,869.00 1807 G009 6C0038

Modernization Work at Col. Floyd Apts. $ 3,300.04 1807 G009 6C0018 Total: $55,618.84

TO: FY2009 Gateway East Design & Construction $55,618.84 1841 G009 6T 0034

Total: $55,618.84

Jeff Levine Director of Planning and Community Development stated that the Brookline Housing Authority has completed three projects and this transfer allows them to be closed out and the remaining funds reprogrammed to the Gateway East Project, which needs additional funding to meet new requirements for State funding. Selectman Benka asked if these funds will go towards any items in the previous agenda item. Mr. Levine replied no, these funds will help pay for some of the Town’s resources.

On motion it was unanimously,

VOTED: To approve the following CDBG transfers:

FROM: FY2009

Hallway Design at Veterans Development $30,449.80 1807 G009 6C0039

Walnut St. Apartments, Fire Safety Doors $21,869.00 1807 G009 6C0038

Modernization Work at Col. Floyd Apts. $ 3,300.04 1807 G009 6C0018 Total: $55,618.84

TO: FY2009 Gateway East Design & Construction $55,618.84 1841 G009 6T 0034

Total: $55,618.84

In Board of Selectmen May 17, 2011 Page 9 of 31

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting a temporary All Kinds of Alcoholic beverages license to Pine Manor College in connection with a Wedding (Steller/Lynse) to be held on May 21st, from 4pm-11pm at 400 Heath Street.

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic beverages license to Pine Manor College in connection with a Wedding (Steller/Lynse) to be held on May 21st, from 4pm-11pm at 400 Heath Street.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to Heath School PTO in connection with a Retirement Party to be held on June 3rd from 7:30pm - 10:30pm at the Heath School Gymnasium.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to Heath School PTO in connection with a Retirement Party to be held on June 3rd from 7:30pm - 10:30pm at the Heath School Gymnasium.

A TEMPORARY LIQUOR LICENSE

The Board considered the question of granting a temporary liquor license to Wheelock College in connection with the following events to be held at 43 Hawes Street:

WINE & MALT May 20th Reception – Aspire 4:30 pm – 6pm

June 4th Dinner – Reunion 6pm-8pm

ALL KINDS June 3rd Reception – Reunion

On motion it was unanimously,

VOTED: To grant a temporary liquor license to Wheelock College in connection with the following events to be held at 43 Hawes Street:

In Board of Selectmen May 17, 2011 Page 10 of 31

WINE & MALT May 20th Reception – Aspire 4:30 pm – 6pm

June 4th Dinner – Reunion 6pm-8pm

ALL KINDS June 3rd Reception – Reunion

GRANT

The Board considered the question of accepting a grant in the amount of $21,825.40 from FEMA/MEMA in connection with related work done during the March 2010 flood.

On motion it was unanimously,

VOTED: To accept a grant in the amount of $21,825.40 from FEMA/MEMA in connection with related work done during the March 2010 flood.

GRANT

The Board considered the question of accepting a grant in the amount of $100,000 from the Massachusetts Department of Environmental Protection to offset the costs for wheeled carts to support the town’s automated single-stream recycling collection program.

On motion it was unanimously,

VOTED: To accept a grant in the amount of $100,000 from the Massachusetts Department of Environmental Protection to offset the costs for wheeled carts to support the town’s automated single-stream recycling collection program.

FARMERS’ MARKET

The Board considered the question of approving and executing the 2011 License Agreement for the Brookline Farmers’ Market to be held in the Centre Street West Parking Lot from June 16th to October 27th .

Commercial Areas Coordinator, Marge Amster stated that this is for the annual Farmer Market on Center Street. Selectman Benka would like to see the dates and the times added to the license. In Board of Selectmen May 17, 2011 Page 11 of 31

On motion it was unanimously,

VOTED: To approve and execute the 2011 License Agreement for the Brookline Farmers’ Market to be held in the Centre Street West Parking Lot from June 16th to October 27th , with the dates and times added.

TEMPORARY WINE LICENSE

The Board considered the question of granting a temporary Wine license to the Lexington Consulting Group, Inc., d/b/a Turtle Creek Winery on Thursdays from June 16, 2011 thru October 27th from 1:30 p.m. to dusk in connection with the Farmers’ Market to be held at the Centre Street West Parking lot.

Commercial Areas Coordinator, Marge Amster stated that last August the State passed a statute to issue temporary licenses to local wineries for farmers markets. In the beginning of the Farmer’s Market, many of the produce vendors do not have a full crop yet, so there are many vacant booths available. This license will be valid only for a short period of time. The communities of Cambridge, Boston and Somerville have already approved comparable vendors.

Frank Murray of Turtle Creek Winery added that they will be filling in the space until July when the apple vendors come in. He explained that a farmer-winery license is offered to wineries whose products are produced in Massachusetts. They will follow the proper protocol for the wine tasting, which they have in other locations.

On motion it was unanimously,

VOTED: To grant a temporary Wine license to the Lexington Consulting Group, Inc., d/b/a Turtle Creek Winery on Thursdays from June 16, 2011 thru October 27th from 1:30 p.m. to dusk in connection with the Farmers’ Market to be held at the Centre Street West Parking lot, on the condition that the applicant provides a certification of insurance acceptable to Town Counsel for all dates of actual operation.

POLICE PERSONNEL

The Board considered the question of authorizing the filling of the following vacancies in the Police Department:

(1) Lieutenant (1) Sergeant

Chief O’Leary stated that as a result of Lt. McDermott’s retirement, two vacancies became available; a Lieutenant and a Sergeant. The Chief noted Lt. McDermott’s long and distinguished career. Selectman Mermell added her special thanks to Lt. McDermont for In Board of Selectmen May 17, 2011 Page 12 of 31 his service to ensure the safety of women’s health facilities. He is well respected in this community.

On motion it was unanimously,

VOTED: To authorize the filling of the following vacancies in the Police Department:

(1) Lieutenant (1) Sergeant

POLICE COMMENDATIONS

Chief Daniel O’Leary appeared to update on the Board on commendation awards issued to the following Police Officers for excellent police work during the 2010:

P.O. Sean O’Brien P.O. Alfred Evans Detective Lt. Andrew Lipson

Chief O’Leary stated that The Police Department is pleased to present to the Board of Selectmen three police officers who will receive Departmental recognition for excellent police work during the year 2010. As I’m sure you will agree, in 2010 there were many instances where our officers distinguished themselves through their work. The three officers who are listed below consistently performed at a high level and will receive the following awards, which are nominated by their peers:

Patrol Officer Sean O’Brien Police Officer of the Year 2010 and a Police Department Commendation Medal

To be presented to a Brookline Police Officer each calendar year that has distinguished himself or herself conspicuously, by exceptional conduct, outstanding performance or extraordinary contributions in accomplishing the Mission Statement of the Brookline Police Department. The recipient of this award shall receive a medal and award bar.

Patrol Officer Evans Alfred Public Service Medal

May be awarded to a Brookline Police Officer for outstanding contributions to the Department or community through the success of difficult police projects, programs or situations in which such contributions reflect a high degree of official accomplishments. The award winner will be presented an award bar.

In Board of Selectmen May 17, 2011 Page 13 of 31

Detective Lieutenant Andrew Lipson Commendation Bar with one Star which signifies at minimum, ten Police Department Commendations for Excellent Police work.

To be presented to a Brookline Police Officer who has demonstrated a record of outstanding and exemplary service to the Department.

The Board expressed their thanks and gratitude to the recipients for protecting and representing the Town of Brookline in an exemplary manner.

NOISE BYLAW WAIVER

The Board considered the question of amending the Noise Bylaw Waiver granted on March 15, 2011 to New Atlantic Development relative to work in connection with the Fisher Hill/Olmsted Project.

Brian Goldson, of New Atlantic Development stated that the utility work will be starting, but, there is additional demolition work to be done at the large reservoir. The project is still on schedule. He is requesting that the restricted hours for the crusher equipment be lifted, due to the noise levels being much quieter than anticipated. Chairman DeWitt added that she had visited the site and the noise levels were detected within the current By-Laws. Selectman Goldstein noted that he has observed the noise levels quieter than anticipated, however he has heard some complaints from the abutters.

Selectman Daly asked if lifting the restriction would shorten the process. Mr. Golden replied yes, by about 4-7 days less than scheduled. Selectman Benka supports this, but feels that more notice should have been given to counsel for the abutters, who are represented by an attorney.

On motion it was unanimously,

VOTED: To amend the vote of March 15, 2011 as follows:

To limit the hours of use of pneumatic hammer equipment (i.e. “hoe ram”) and concrete crusher to the hours of 8:30 am to 3:30 pm, Monday to Friday;

To use a concrete pulverizer (i.e. “concrete muncher”) as much as possible (in lieu of a hoe ram) to demolish the roof and upper sidewalls of the reservoirs, and to limit the hours of use of such a concrete pulverizer crusher to 8:0030 am to 4:305:00 pm, Monday to Friday;

In Board of Selectmen May 17, 2011 Page 14 of 31

COMMON VICTUALLER –ENTERTAINMENT

The Board considered the question of approving the application of Brother’s Roast Beef & Pizza, LLC, Melsi Xhengo, President, holder of a Common Victualler license at 293 Cypress Street for an Entertainment license to include radio, television and taped music.

Applicant Melsi Xhengo stated that he plans to have the television at minimal sound levels. All papers are in order.

On motion it was unanimously,

VOTED: To approve the application of Brother’s Roast Beef & Pizza, LLC, Melsi Xhengo, President, holder of a Common Victualler license at 293 Cypress Street for an Entertainment license to include radio, television and taped music.

ALL KINDS LIQUOR- CHANGE IN MANAGER

The Board considered the question of approving the application of Matt Murphy’s Pub, Inc., d/b/a Matt Murphy’s Pub, Siobhan Carew, Owner, holder of an All Kinds of Alcoholic beverages license as a Common Victualler at 14 Harvard Street for a change in manager as follows:

From: Richard Healy To: Ciara Murphy

John Pell and Ciara Murphy representing Matt Murphy’s were present. Ms. Murphy has been working at the restaurant for many years, she is the daughter of the owner. Ms. Murphy is familiar with all the requirements. All papers are in order.

On motion it was unanimously,

VOTED: To approve the application of Matt Murphy’s Pub, Inc., d/b/a Matt Murphy’s Pub, Siobhan Carew, Owner, holder of an All Kinds of Alcoholic beverages license as a Common Victualler at 14 Harvard Street for a change in manager as follows:

From: Richard Healy To: Ciara Murphy

FISCAL POLICY REVIEW COMMITTEE

Members of the Fiscal Policy Review Committee appeared to update the Board.

In Board of Selectmen May 17, 2011 Page 15 of 31

Fiscal Policy Review Committee member Eric Beuhrens made the following presentation:

Fiscal Policy Review Committee May 17, 2011

Charge to the Committee

“To review, affirm and revise as necessary the existing financial policies of the Town. The Committee shall also review the need for a new policy regarding Unreserved Fund Balance in order to preserve the Town's Aaa Bond rating.”

In Board of Selectmen May 17, 2011 Page 16 of 31

Committee Membership

Eric Buehrens, Chairman Interim President and CEO, Beth Israel Deaconess Medical Center

Harry K. Bohrs Chairman, Advisory Committee

Linda Carlisle Principal at the Carlisle Group

Josette Goldish Finance/Banking Professional

Gregory T. Grobstein Partner, PricewaterhouseCoopers LLP

Donna R. Kalikow Executive Director, Center for Public Leadership, Kennedy School

Approach

•Committee met 6 times between February 9, 2011 and May 9, 2011, with meetings posted and minutes kept and posted in accordance with the Open Meeting Law.

•Committee reviewed various information including:

• Annual Financial Plan • most recent bond prospectus • history of the development of fiscal policies • multi-year spreadsheets for various fund • history of certifications and use of Free Cash • historical data associated with the CIP and the Town’s debt characteristics

•Sought outside advice from municipal finance experts (First Southwest Co., Powers & Sullivan, Moody’s) and reviewed various Moody’s reports.

In Board of Selectmen May 17, 2011 Page 17 of 31

Relationship Between Policies

-- The adoption of and compliance with prudent fiscal policies should be a basic undertaking for any government. Unfortunately, this AreaFree 2 - Offshoot does not happen in many Cash governments.

-- Fortunately for the residents of Brookline, the Town takes a proactive approach, with core policies regarding reserves, use of Free Cash, and capital financing Area1Fund – The serving as the bedrock of the Town’s financial planning. BalancesCore

-- The Town’s financial policies have served the Town extremely well. Area 4 - Area 3 - ReservesOffshoot OffshootCIP

-- They are complex and inter- related. Changes to one impact another.

-- They can benefit from updates based on current financial conditions.

SUMMARY OF MAJOR RECOMMENDATIONS

• Prioritize the maintenance of an adequate level of Unreserved Fund Balance necessary to protect the Town’s credit rating. • Also support the Town Administrator’s budget recommendation for FY12 to withhold the allocation of $1.7 million from Free Cash in order to bolster the Town’s year-end fund balance.

• Simplify the CIP Financing Policy by consolidating separate revenue sources into an overall allocation of 6.0% of prior year net revenue. In addition, recommended that the Free Cash policy formally target total capital spending to represent 7.5% of prior year net revenue.

• Restructure the formula regarding Free Cash and the Affordable Housing Trust Fund by establishing a need-based formula, with need defined as the fund balance being less than $5 million.

• Establish a formal policy that funds long term liabilities associated with pensions and retiree health insurance.

• Also validated other existing financial policies, simplifying and tweaking them as necessary.

In Board of Selectmen May 17, 2011 Page 18 of 31

Reserves

• Major change is to formally address Unreserved Fund Balance (UFB) • Maintain UFB at a minimum of 10% of revenue • Since Stabilization Fund is part of Moody’s calculation of UFB, take the current 3% ceiling off of the Stab Fund

• Current policy for funding the Affordable Housing Trust Fund (AHTF) from Free Cash has a “cliff effect”. Recommending a “need based trigger” based on the fund balance of the AHTF: • 10% of remaining Free Cash go to the AHTF if the fund balance in the fund falls below $5 million:

• Saw no reason to change the current policies for the annual Operating Budget Reserve and the Liability/Catastrophe Fund equal to 1% of prior year’s net revenue

Free Cash & Unreserved Fund Balance

• Relationship between Free Cash and Unreserved Fund Balance (UFB):

Unreserved Fund Balance - -Prop Tax Receivables - -Pre-paid Expenses - - Other Receivables / Overdrawn accounts + Deferred Revenue = Free Cash

• Therefore, the closer the ratio between UFB and Free Cash, the greater the amount of Unreserved FB available to spend.

• So why is this important?

In Board of Selectmen May 17, 2011 Page 19 of 31

Unreserved Fund Balance (UFB) Levels

• Ratings agencies look for a ratio of UFB + Stabilization Fund as a percentage of revenue of approx. 10%.

• Each of the last 6 Moody’s ratings report reference a declining UFB + Stabilization Fund as a percentage of revenue.

• Free Cash available for FY12 was inflated because of the one-time accounting change associated with the GIC not requiring the first month’s premium pre-paid, as BC/BS did.

• If Town spends all certified Free Cash in FY12, in danger of falling below this threshold next year.

UFB + STAB FUND AS % OF REV 18%

16%

14%

12%

10%

8%

6%

4%

2%

0% FY92 FY94 FY96 FY98 FY00 FY02 FY04 FY06 FY08 FY10

CIP & Free Cash

• Since Free Cash plays a significant role in the financing of important capital projects, the Committee looked at the impact any change in the Free Cash policy would have on the CIP.

• Current practice is to use a Free Cash estimate of $3.75M, leaving $3M for each of the “out-years” of the CIP.

• The Committee studied the issue of “Total CIP Funding” to ascertain what the historical amount has been versus what was planned.

In Board of Selectmen May 17, 2011 Page 20 of 31

Total CIP Funding

• The analysis showed that over the past 7 years, between 7.5% and 9.3% of revenue was made available to the CIP:

FY06 FY07 FY08 FY09 FY10 FY11 FY12 Net Revenue $159.38 $167.51 $174.65 $183.42 $185.70 $187.72 $194.58

5.5% CIP Tax Supported $1.71 $1.81 $2.02 $1.66 $1.01 $2.11 $1.71 Debt Financed $6.67 $6.91 $6.45 $7.57 $7.86 $7.64 $8.56 BAN's $0.20 $0.11 $0.10 $0.12 $0.29 $0.09 $0.10 Total 5.5% CIP $8.58 $8.83 $8.57 $9.35 $9.15 $9.84 $10.36

Other Revenue­Financed CIP Free Cash Supported $3.78 $4.49 $2.89 $5.02 $3.12 $3.67 $4.41 2008 Override $0.00 $0.00 $0.00 $0.75 $0.77 $0.79 $0.81 Overlay Supported $0.00 $0.95 $0.85 $0.00 $0.26 $0.00 $0.00 Capital Project Surplus $0.00 $0.62 $0.17 $0.59 $0.83 $0.00 $0.00 FY11 One‐Time Classroom Capacity $ from Schools Hea Ins Surplus $0.00 $0.00 $0.00 $0.00 $0.00 $0.53 $0.00 From Parking Meters $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.05 Total Other Rev­Financed CIP $3.78 $6.06 $3.91 $6.36 $4.98 $4.99 $5.27 GRAND TOTAL CIP $12.36 $14.89 $12.48 $15.71 $14.13 $14.83 $15.64

Grand Total CIP as % of Prior Yr Net R 8.1% 9.3% 7.5% 9.0% 7.7% 8.0% 8.3%

Total CIP Funding (con’t)

• When planning the “out-years”, the figure averages 7.5%:

FY13 FY14 FY15 FY16 FY17 Net Revenue $200.09 $206.36 $213.98 $221.30 $227.84

5.5% CIP Tax Supported $1.89 $2.24 $2.98 $2.96 $1.25 Debt Financed $8.81 $8.76 $8.37 $8.81 $10.93 BAN's $0.10 $0.10 $0.10 $0.10 $0.10 Total 5.5% CIP $10.80 $11.10 $11.45 $11.87 $12.27

Other Revenue­Financed CIP Free Cash Supported $3.06 $3.02 $2.99 $2.96 $2.94 2008 Override $0.83 $0.85 $0.87 $0.89 $0.91 From Parking Meters $0.05 $0.05 $0.05 $0.05 $0.05 Total Other Rev­Financed CIP $3.94 $3.92 $3.91 $3.90 $3.91 GRAND TOTAL CIP $14.74 $15.02 $15.36 $15.77 $16.18

Grand Total CIP as % of Prior Yr Net Rev 7.6% 7.5% 7.4% 7.4% 7.3%

In Board of Selectmen May 17, 2011 Page 21 of 31

Total CIP Funding - Summary

• The out-years of the CIP totals approx. 7.5% of revenue, coming from three primary sources: • the 5.5% policy • 2008 Override Funds • Free Cash

• The Committee recommends two changes to current policy: 1. Combine the first two sources and simplify the CIP Funding Policy to be 6% of prior year net revenue. 2. Use Free Cash to bring the CIP up to the 7.5% level

Debt Levels & Tax Bills

• One interesting observation made during the Committee’s analysis of debt was the Town relies very little on additional taxes (i.e., Debt Exclusions) to fund capital projects.

• Comparable communities rely on Debt Exclusions far more regularly.

• The result is Brookline’s tax bill has grown far more slowly than tax bills in other comparable communities:

In Board of Selectmen May 17, 2011 Page 22 of 31

MUNICIPALITY DATA 2000 2011 FY11 vs FY00 ANDOVER AVG SF TAX BILL 4,598 7,480 62.7% AVG RESI TAX BILL 4,501 7,135 58.5% BELMONT AVG SF TAX BILL 5,356 9,676 80.7% AVG RESI TAX BILL 4,795 8,182 70.6% BROOKLINE AVG SF TAX BILL 7,921 12,439 57.0% AVG RESI TAX BILL 5,116 7,573 48.0% CAMBRIDGE AVG SF TAX BILL AVG RESI TAX BILL 3,682 5,459 48.3% CONCORD AVG SF TAX BILL 5,655 11,074 95.8% AVG RESI TAX BILL 5,534 10,916 97.2% DOVER AVG SF TAX BILL 6,209 12,074 94.5% AVG RESI TAX BILL 6,730 13,097 94.6% HINGHAM AVG SF TAX BILL 4,447 7,224 62.4% AVG RESI TAX BILL 4,341 7,536 73.6% LEXINGTON AVG SF TAX BILL 4,689 10,032 113.9% AVG RESI TAX BILL 4,671 9,933 112.7% NEWTON AVG SF TAX BILL 5,318 8,592 61.6% AVG RESI TAX BILL 4,988 7,920 58.8% WAYLAND AVG SF TAX BILL 5,917 11,471 93.9% AVG RESI TAX BILL 6,094 11,448 87.9% WELLESLEY AVG SF TAX BILL 5,084 11,281 121.9% AVG RESI TAX BILL 5,125 11,192 118.4% WESTON AVG SF TAX BILL 8,064 15,835 96.4% AVG RESI TAX BILL 8,323 15,840 90.3% WINCHESTER AVG SF TAX BILL 5,175 9,167 77.1% AVG RESI TAX BILL 4,928 8,427 71.0% AVG GROWTH OF THE AVG SF TAX BILL 84.8% AVG GROWTH OF THE AVG RESI TAX BILL 81.8% BROOKLINE vs AVG GROWTH OF THE AVG SF TAX BILL 67.2% BROOKLINE vs AVG GROWTH OF THE AVG RESI TAX BILL 58.7%

• The Town should be proud of the fact that the it has invested so much in its capital assets without burdening the taxpayers with additional taxes.

Recommended Free Cash Policy 1. Operating Budget Reserve Operating - 25% of the 1% reserve) Reserve

UFB/Stab 2. Unreserved Fund Balance (UFB)/Stab Fund Fund - use to maintain min of 10%

Liab/Catas Fund 3. Liability/Catastrophe Fund - use to fund 1% level CIP 4. Capital Improvement Program (CIP) AHTF - use to bring total funding to 7.5%

Special 5. Affordable Housing TF (AHTF) Use - used when fund balance < $5M

6. Special Use - employee benefit funds, unfunded liabilities, add’l CIP, or add’l AHTF

In Board of Selectmen May 17, 2011 Page 23 of 31

Free Cash Sequencing - Scenarios

SCENARIO A - Unreserved Fund Balance/Stabilization Fund Above 10% 2. Unreserved Free Cash 1. Reserve Fund Balance/ 3. Liability/ Certification Fund Stabilization Fund Catastrophe 4. CIP 5. AHTF 6. Spec Use $5,000,000 $500,000 $0 $150,000 $3,000,000 $135,000 $1,215,000 $6,000,000 $500,000 $0 $150,000 $3,000,000 $235,000 $2,115,000 $7,000,000 $500,000 $0 $150,000 $3,000,000 $335,000 $3,015,000

SCENARIO B - Unreserved Fund Balance/Stabilization Fund Below 10% -- $1M required 2. Unreserved Free Cash 1. Reserve Fund Balance/ 3. Liability/ Certification Fund Stabilization Fund Catastrophe 4. CIP 5. AHTF 6. Spec Use $5,000,000 $500,000 $1,000,000 $150,000 $3,000,000 $35,000 $315,000 $6,000,000 $500,000 $1,000,000 $150,000 $3,000,000 $135,000 $1,215,000 $7,000,000 $500,000 $1,000,000 $150,000 $3,000,000 $235,000 $2,115,000

SCENARIO C - Unreserved Fund Balance/Stabilization Fund Below 10% -- $1.5M required 2. Unreserved Free Cash 1. Reserve Fund Balance/ 3. Liability/ Certification Fund Stabilization Fund Catastrophe 4. CIP 5. AHTF 6. Spec Use $5,000,000 $500,000 $1,500,000 $150,000 $2,850,000 $0 $0 $6,000,000 $500,000 $1,500,000 $150,000 $3,000,000 $85,000 $765,000 $7,000,000 $500,000 $1,500,000 $150,000 $3,000,000 $185,000 $1,665,000

SCENARIO D - Unreserved Fund Balance/Stabilization Fund Below 10% -- $2M required 2. Unreserved Free Cash 1. Reserve Fund Balance/ 3. Liability/ Certification Fund Stabilization Fund Catastrophe 4. CIP 5. AHTF 6. Spec Use $5,000,000 $500,000 $2,000,000 $150,000 $2,350,000 $0 $0 $6,000,000 $500,000 $2,000,000 $150,000 $3,000,000 $35,000 $315,000 $7,000,000 $500,000 $2,000,000 $150,000 $3,000,000 $135,000 $1,215,000

The Board thanked the Committee for their hard work, and noted their combined expertise on the subject.

ANNUAL TOWN MEETING WARRANT ARTICLES

Further review and vote on the following Warrant Articles for the May 24, 2011 Annual Town Meeting:

No. Article

10. Lawrence Local Historic District (Preservation)

Chairman DeWitt stated that this Article vote was pending recommendation from the Preservation Commission. Three property owners did not want to be included in the Historic District. These amended boundaries were recommended by both the Planning Department and the Preservation Commission.

On motion it was unanimously,

VOTED: Favorable Action on Article 10, as amended to remove the properties at 43/45 Harrison Street, 47/49 Harrison Street, and 55 Harrison Street from the proposed local historic district. The proposed boundaries are indicated on the attached map. In Board of Selectmen May 17, 2011 Page 24 of 31

No. Article

20. Robocall Resolution (Burstein)

On motion it was unanimously,

VOTED: Favorable Action to reconsider Article 20.

Petitioner Michael Burstein stated that he has recently learned that the House is considering a Bill that addresses the substance of this Article. His Article has been amended to support House Bill H00870.

Selectman Goldstein stated that this is the price of democracy, and political speech. He supports the idea except when it addresses political speech. Mr. Burstein replied that it is not much of an issue when you look at other means available for political candidates. Selectman Daly agrees with protecting political speech. Selectman Mermell is uncomfortable limiting political free speech. Selectman Benka added that only the automated phone calls are the ones that would be eliminate. Selectman Mermell cannot see the difference between calling someone manually, and using an automated dialing system, they are both used as campaign tools. Selectman Goldstein also has concerns that this includes issues that stem beyond election campaigns; it could go far beyond that.

Mr. Burstein stated that he may not have pursued this had he known there was a Bill in the House, but he is following it through. He feels that the Article addresses only nuisance calls that are automated.

On motion it was,

VOTED: 4-1 No Action on Article 20. Benka against

SPECIAL TOWN MEETING WARRANT ARTICLE

Review and vote on the following Warrant Articles for the May 26, 2011 Special Town Meeting:

No. Article

1. Amendments to the Zoning By-Law – establishment of a Cleveland Circle Hotel Overlay District (Selectmen)

Chairman DeWitt stated that a vote is required to have this single warrant article to be considered at the Special Town Meeting within the Annual Town Meeting.

In Board of Selectmen May 17, 2011 Page 25 of 31

On motion it was unanimously,

VOTED: 5-0 Favorable Action that the Town amend the Zoning By-Law and Zoning Map as follows:

1. By adopting the following map change creating a Cleveland Circle Hotel Overlay District. In Board of Selectmen May 17, 2011 Page 26 of 31

2. By amending Section 3.01.2.a.2 to add the following reference at the end “Cleveland Circle (Refer to §5.06, Special District Regulations)” In Board of Selectmen May 17, 2011 Page 27 of 31

3. By amending Section 3.01.4 by adding a new item at the end: “c. Cleveland Circle Hotel Overlay District”

4. By amending Section 4.07 - Table of Use Regulations - to allow limited service hotels, certain retail, and a restaurant by Special Permit in the Cleveland Circle Hotel Overlay District, as follows:

a. Use 8A, Limited Service Hotel – Adding “*” after “No” in column “L” and amending the first footnote as follows: “*Permitted by Special permit in M- 2.5 and in the Cleveland Circle Hotel Overlay District.” and b. Use 34, Restaurant greater than 5,000 square feet - Adding “*” after “No” in column “L” and adding the following after the description of Use 34 in the Use Table “*Permitted by Special Permit in the Cleveland Circle Hotel Overlay District.”

5. By amending Section 5.01 - Table of Dimensional Requirements - by adding Footnote 19 after the words “L-0.5 & L-0.5 (CL) Districts”, which Footnote 19 shall read as follows:

“19. See Section 5.06 - Special District Regulations, subsections f. Cleveland Circle Local Business District L-0.5 (CL) and h. Cleveland Circle Hotel Overlay District.”

6. By amending Section 5.06.4.f - Cleveland Circle Local Business District L-0.5 (CL) - by adding a new item at the end:

“4) In any review of a project that is located across municipal boundaries, the project and improvements shall be reviewed as a single lot, without regard to municipal boundaries, in connection with parking requirements or setbacks. Additionally, any Design Review per Section 5.09 shall include review and approval of the entire length of the façade facing the MBTA property line as well as any lighting proposed along this length, irrespective of municipal boundaries. Such façade shall be designed and constructed with care and quality of finishes equivalent to the northern façade.”

7. By amending Section 5.06.4 - Special Districts - by adding a new item as follows:

“h. Cleveland Circle Hotel Overlay District

1) It has been determined through study of the Local Business District in Cleveland Circle that potential exists for appropriate, planned redevelopment of the western side of this Local Business District. It has further been determined that, due to the circulation and multiple transit systems in this area as well as the proximity of the municipal boundary with Boston that this is an appropriate district for development density consistent with transit oriented development schemes. For this reason, additional uses typical of transit oriented developments may be permitted In Board of Selectmen May 17, 2011 Page 28 of 31

under the criteria of this section, as long as such development is planned in a way consistent with other pedestrian-friendly commercial properties in Cleveland Circle.

2) Any applicant may seek relief under this Overlay District by Special Permit per Section 9.03 and Design Review by Section 5.09, provided it meets the following requirements within the Town of Brookline:

a) It contains a minimum of 40 Limited Service Hotel guest rooms.

b) The Floor Area Ratio of the proposed project shall be no less than 2.2 and no greater than 2.5.

3) For the purposes of this Overlay District, any proposed building shall be permitted to have more than one principal use. For example, a restaurant greater than 5,000 square feet under separate ownership and operation from a Limited Service Hotel may be located in the same building as the Limited Service Hotel without being considered as an accessory use, or as part of the Limited Service Hotel use.

4) Any application requesting relief under this Overlay District shall be subject to the following dimensional requirements, superseding any conflicting requirements in Article 5 of the Zoning Bylaw. Any other dimensional relief sought shall be pursued as per any other relevant sections of this Zoning Bylaw.

a) Maximum Floor Area Ratio: There is a strong desire for pedestrian- friendly uses along Chestnut Hill Avenue in this Overlay District, which has a grade change of more than 8’ along this edge of the District. Therefore, with regards to calculating Gross Floor Area in this Overlay District, up to 10,000 square feet of area on the ground floor fronting Chestnut Hill Avenue may have finished floor to ceiling heights greater than 12’, but no greater than 18’, without requiring the Gross Floor Area to be calculated by multiplying this area by a factor greater than 1 where the floor to ceiling height exceeds 12’.

b) Setbacks and Build-to Lines:

In Board of Selectmen May 17, 2011 Page 29 of 31

1. Buildings shall not be greater than 15 feet nor less than 5 feet from the frontage of Chestnut Hill Avenue; and

2. Any portion of building within 50’ of the frontage of Chestnut Hill Avenue that is above three stories shall be set back not less than 5 feet from lower floors, along all facades. For the purposes of this Overlay District, “Story” shall be defined as that portion of a building included between the upper surface of a floor and the upper surface of a floor or roof next above, whether or not such space is enclosed; and

3. Buildings shall be set back not less than 5 feet from the MBTA right-of-way.

c) The maximum height permitted is 56 feet;

d) Substantial rooftop structures such as observation towers, elevator penthouses and mechanical equipment shall not be located within 15’ of the MBTA property line.

e) A screen fence along the property line with the MBTA right-of-way which exceeds a height of seven feet may be allowed by Special Permit granted by the Board of Appeals.

5) Parking requirements for Special Permit applications utilizing this Overlay District shall be as follows, superseding any conflicting requirements under Article 6:

a) Minimum Parking ratios: 1. Limited Service Hotel use: 0.5 parking spaces per hotel room 2. Retail use: 0.75 parking spaces per 1,000 g.s.f. of floor area 3. Restaurant use: 1 parking space per 1,000 g.s.f. of floor area 4. Office/Medical office use: 1 parking space per 1,000 g.s.f. of floor area

b) Subject to the approval of the Brookline Director of Transportation and Engineering, the required off-street loading facilities under Section 6.06.6 may be limited to the provision of 2 loading bays.

c) Any other parking relief sought shall be pursued as per any other relevant sections of this Zoning Bylaw.

In Board of Selectmen May 17, 2011 Page 30 of 31

6) The following traffic mitigation measures shall be required, subject to the review and approval of the Brookline Director of Transportation and Engineering:

a) Vehicle ingress and egress:

1. Vehicle ingress and egress to and from Chestnut Hill Avenue shall be via no more than one curb cut two lanes in width, controlled by a traffic signal. Such traffic signal shall include demand-actuated technology such that the light phase for egress from the Overlay District will not be triggered when there is no demand.

2. A segregated parking facility containing not less than 60 vehicle parking spaces shall be provided for the exclusive use of the Limited Service Hotel guests, visitors and employees. Vehicle egress for all users of this segregated parking facility shall be via the one-way rear exit roadway easement to Beacon Street. Both signage and physical barriers shall prohibit any vehicles entering the Limited Service Hotel segregated parking facility from exiting that facility back onto Chestnut Hill Avenue. To the extent a parking area is established to be shared by multiple uses, hotel users (except for taxicab/shuttle service vehicles and deliveries) parked in the shared parking area shall be required to exit the one way rear exit roadway to Beacon Street and other users shall exit via Chestnut Hill Avenue.

3. Vehicle egress for all uses other than that of the Limited Service Hotel and for taxicab/shuttle service vehicles and deliveries shall be via the single Chestnut Hill Avenue curb cut. All vehicles exiting the site onto Chestnut Hill Avenue must be able to make either a left or a right turn. No right turn on a red light shall be permitted from the site onto Chestnut Hill Avenue.

4. Taxicab stand and taxi pickup and drop-off shall be provided in an adjacent area on both the Brookline and the Boston segments of the site.

b) Final traffic design and mitigation shall be required and include the potential impact of the redevelopment of any directly abutting parcels, regardless of municipal boundaries. Specifically, the traffic design and mitigation shall allow for no more than a total of 110,000 square feet of Limited Service Hotel use; 48,000 square feet of office or medical office; and 18,000 square feet of restaurant or retail use.

In Board of Selectmen May 17, 2011 Page 31 of 31

c) Pedestrian improvements shall include:

1. Improvements to two pedestrian crossings across Chestnut Hill Avenue, including at Cleveland Circle as well as the crossing aligned with vehicular turn-around at the MBTA station south of the MBTA right-of-way. A third pedestrian crossing shall be provided where the signal for the Chestnut Hill Avenue entrance will be located, near the Boston/Brookline boundary, if approved by the Brookline Director of Transportation and Engineering as well as Boston Transportation Department.

2. Sidewalk improvements on the western side of Chestnut Hill Avenue shall include a minimum 10’ wide sidewalk from the Brookline Boundary to the MBTA bridge and a replacement of sidewalk from the MBTA bridge to Clinton Road.

7) Noise. A required condition for any Special Permit under this Overlay shall be an enforceable agreement and/or condition to the Special Permit that requires the property owner to comply with the requirements any Noise By-law or ordinance of both Brookline and Boston, without regard to municipal boundaries.

There being no further business the Chair adjourned the meeting at 9:40 pm.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date.

Public comment- letter to BOS from A Murphy student 1. letter to BOS from TC 2. letter to BOS from JBuchheit 6. letters from Park School students/email from Park School teacher TWells to BOS 7. temp license agreement 7a. temp farmer-winery license/application 8. letter to TA from Chief O’leary 9. letter to TA from Chief O’leary/awards & commendations outline 10. minutes from march 15, 2011 11. application 12. application 13. email of withdrawal from BAllen to BOS 15. fiscal policy review committee final report/powerpoint presentation 16. articles 10 & 20 17. Article 1

In Board of Selectmen May 24, 2011 Brookline High School Room 209

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein

The Minutes of May 17, 2011 were approved as amended.

In Board of Selectmen May 24, 2011 Page 2 of 11

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

In Board of Selectmen May 24, 2011 Page 3 of 11

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen May 24, 2011 Page 4 of 11

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

GRANT

The Board considered the question of accepting a grant in the amount of $64,000 (per year for 3 years) from the Massachusetts Department of Public Health to fund tobacco control work for Brookline and four other communities (Arlington, Belmont, Newton, and Watertown).

Alan Balsam, Director of Health and Human Services stated that Brookline is the lead agency for this grant. Selectman Daly asked if there is an educational component to the program. Dr. Balsam replied yes.

On motion it was unanimously,

VOTED: To accept a grant in the amount of $64,000 (per year for 3 years) from the Massachusetts Department of Public Health to fund tobacco control work for Brookline and four other communities (Arlington, Belmont, Newton, and Watertown).

GRANT

The Board considered the question of accepting a grant in the amount of $3,300 from MEMA for to be used to support the Citizen’s Corps/Medical Reserve Corps.

On motion it was unanimously,

VOTED: To accept a grant in the amount of $3,300 from MEMA for to be used to support the Citizen’s Corps/Medical Reserve Corps.

PILOT AND DEVELOPMENT AGREEMENT

The Board considered the question of executing a PILOT and Development Agreement with First General Realty Corp. in connection with the “Cleveland Circle” Project.

Kara Brewton, Director of Economic Development stated that this agreement protects the Town with some provisions. A hotel is expected to be developed on the parcel, but, if another use is in place, the land and hotel taxed will be preserved. In Board of Selectmen May 24, 2011 Page 5 of 11

On motion it was unanimously,

VOTED: To execute a PILOT and Development Agreement with First General Realty Corp. in connection with the “Cleveland Circle” Project.

GRANT AGREEMENT

The Board considered the question of voting to authorize the Chair to sign the Grant Agreement with D.E.P. for grant funds totaling $100,000 for the Curbside Recycling Program"

On motion it was unanimously,

VOTED: To authorize the Chair to sign the Grant Agreement with D.E.P. for grant funds totaling $100,000 for the Curbside Recycling Program."

TRANSFER

The Board considered the question of approving the following appropriation transfer within the Human Resources Department budget:

From: 14201420 525060 Advertising Services $11,457.00

To: 14201420 551099 $11,457.00 Education/Training

On motion it was unanimously,

VOTED: To approve the following appropriation transfer within the Human Resources Department budget:

From: 14201420 525060 Advertising Services $11,457.00

To: 14201420 551099 $11,457.00 Education/Training

The Board considered the question of approving the following appropriation transfer within the Building Department budget: In Board of Selectmen May 24, 2011 Page 6 of 11

From: 25003430 561011 $93,000.00 Energy-Gas

To: 25003430 522400 $93,000.00 Bldg Repair/Maint.

From: 25003430 510101 $10,000.00 School FT Perm.

To: 25003430 532300 $10,000.00 School Supplies

From: 25002510 510101 $ 7,500.00 FT Perm

To: 25002510 532300 $ 7,500.00 Town Const.

On motion it was unanimously,

VOTED: To approve the following appropriation transfer within the Building Department budget:

From: 25003430 561011 $93,000.00 Energy-Gas

To: 25003430 522400 $93,000.00 Bldg Repair/Maint.

From: 25003430 510101 $10,000.00 School FT Perm.

To: 25003430 532300 $10,000.00 School Supplies

From: 25002510 510101 $ 7,500.00 FT Perm

To: 25002510 532300 $ 7,500.00 Town Const.

In Board of Selectmen May 24, 2011 Page 7 of 11

APPROPRIATION TRANSFER

The Board considered the question of approving the following appropriation transfer within the Public Works Department appropriation:

From: 4004101 510101 $ 30,000 Engineering Salaries

To: 42004230 534110 $ 30,000 Snow & Ice Supplies

From: 4004300 510101 $ 10,000 Sanitation Salaries

To: 42004230 534110 $ 10,000 Snow and Ice Supplies

From: 42004220 510101 $135,000 Roadway Maint Salaries

To: 42004230 534110 $135,000 Snow and Ice Supplies

From: 40004102 523080 $ 44,322 Storage Rentals

To: 42004230 534110 $ 44,322 Snow & Ice Supplies

From: 40004102 523080 $ 5,678 Storage Rentals

To: 42004230 534230 $ 5,678 Motor Veh Supplies

From: 40004300 523593 $ 75,000 Solid Waste Disp

To: 42004230 534230 $ 75,000 Motor Veh Supplies

In Board of Selectmen May 24, 2011 Page 8 of 11

From: 40004300 532025 $ 94,584 Recycling Supplies

To: 42004230 534230 $ 94,584 Motor Veh Supplies

From: 42004220 534120 $ 5,416 Construction Supplies

To: 42004230 534230 $ 5,416 Motor Veh Supplies

From: 42004220 5A0002 $ 10,000 Construction Equip

To: 42004230 534230 $ 10,000 Motor Veh Supplies

From: 42004230 5A0018 $ 1,571 Leased Equip

To: 42004230 534230 $ 1,571 Motor Veh Supplies

On motion it was unanimously,

VOTED: To approve the following appropriation transfer within the Public Works Department appropriation:

From: 4004101 510101 $ 30,000 Engineering Salaries

To: 42004230 534110 $ 30,000 Snow & Ice Supplies

From: 4004300 510101 $ 10,000 Sanitation Salaries

To: 42004230 534110 $ 10,000 Snow and Ice Supplies

From: 42004220 510101 $135,000 Roadway Maint Salaries

In Board of Selectmen May 24, 2011 Page 9 of 11

To: 42004230 534110 $135,000 Snow and Ice Supplies

From: 40004102 523080 $ 44,322 Storage Rentals

To: 42004230 534110 $ 44,322 Snow & Ice Supplies

From: 40004102 523080 $ 5,678 Storage Rentals

To: 42004230 534230 $ 5,678 Motor Veh Supplies

From: 40004300 523593 $ 75,000 Solid Waste Disp

To: 42004230 534230 $ 75,000 Motor Veh Supplies

From: 40004300 532025 $ 94,584 Recycling Supplies

To: 42004230 534230 $ 94,584 Motor Veh Supplies

From: 42004220 534120 $ 5,416 Construction Supplies

To: 42004230 534230 $ 5,416 Motor Veh Supplies

From: 42004220 5A0002 $ 10,000 Construction Equip

To: 42004230 534230 $ 10,000 Motor Veh Supplies

From: 42004230 5A0018 $ 1,571 Leased Equip

To: 42004230 534230 $ 1,571

Motor Veh Supplies In Board of Selectmen May 24, 2011 Page 10 of 11

HEALTH DEPARTMENT – PERSONNEL

The Board considered the question of authorizing the hiring of a Tobacco & Alcohol Program Coordinator to be funded by a Grant from Massachusetts Department of Public Health.

On motion it was unanimously,

VOTED: To authorize the hiring of a Tobacco & Alcohol Program Coordinator to be funded by a Grant from Massachusetts Department of Public Health. Contingent upon approval and funding by the State.

RESERVE FUND TRANSFER

The Board considered the question of approving and transmitting to the Advisory Committee the request of Public Works Commissioner Andrew Pappastergion for a Reserve Fund Transfer in the amount of $1,471,575.00 for Snow and Ice Removal.

On motion it was unanimously,

VOTED: To approve and transmit to the Advisory Committee the request of Public Works Commissioner Andrew Pappastergion for a Reserve Fund Transfer in the amount of $1,471,575.00 for Snow and Ice Removal.

ANNUAL TOWN MEETING WARRANT ARTICLES

Further review and vote on the following Warrant Articles for the May 24, 2011 Annual Town Meeting:

No. Article

2. Collective Bargaining Agreements (HR)

On motion it was unanimously,

VOTED: Favorable Action on Article 2.

In Board of Selectmen May 24, 2011 Page 11 of 11

No. Article

9. FY12 Budget (Advisory Committee)

A conversation with Todd Kirrane, Transportation Administrator ensued on the process of funding projects, mainly traffic calming projects. Marty Rosenthal, TMM#9 expressed concern that speed bumps are not in place on Stedman Street. He wants to make sure that funding is available for them. Selectman Goldstein was concerned that other projects may get bumped ahead of this one. Chairman DeWitt expressed concerns about earmarking certain projects ahead of others. Selectman Benka expressed concern that this would be locking up money that could be used for street repair. Selectman Daly noted that Stedman Street was never declared a school zone; there are now 20 mph flashers, and 3 neckdowns. Selectman Goldstein asked how much speed-bumps cost. Mr. Kirrane replied $4k each.

Chairman DeWitt moved to reconsider Article 9. There was no second. Motion failed.

The Chair indicated that this meeting will remain open to discuss remaining agenda items on Thursday May 26th, at 6 pm.

ATTEST

In Board of Selectmen Thursday May 26, Brookline High School Room 208 6pm

Present: Chairman Betsy DeWitt, Selectman Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein.

In Board of Selectmen May 26, 2011 Page 2 of 5

Continuation of Calendar for May 24, 2011. Selectman Benka absent

RESERVE FUND TRANSFER

The Board considered the question of approving and transmitting to the Advisory Committee the request of Assistant Town Administrator Melissa Goff for a Reserve Fund Transfer in the amount of $40,000 for Electricity and Gasoline as follows:

Police (Fuel) $10,000

Library (Elec) $30,000

Assistant Town Administrator Melissa Goff stated that the gas bids for the Police Department were not opened until after the budget was prepared. This amount indicates the difference. For the Library, the price budgeted was an assumption. The actual consumption was higher. Director of Libraries Chuck Flaherty stated that there is not one thing that could be attributed to this. The Main Library had the most increase. He feels it may have to do with some very cold days in January and February and very hot days in July. There were also two construction projects that resulted in extra staffers that needed lights and air conditioning on. The Board recommends that the Building Department look into this and make adjustments in efficiencies. Ms. Goff added that when the Town becomes a green community, there will be more resources available to address these situations. Mr. Flaherty added that they are looking into this and monitoring the consumption levels.

On motion it was unanimously,

Voted: 4-0 Benka absent To approve and transmit to the Advisory Committee the request of Assistant Town Administrator Melissa Goff for a Reserve Fund Transfer in the amount of $40,000 for Electricity and Gasoline as follows:

Police (Fuel) $10,000

Library (Elec) $30,000

Selectman Benka arrived 6:20

In Board of Selectmen May 26, 2011 Page 3 of 5

ANNUAL TOWN MEETING WARRANT ARTICLES

Further review and vote on the following Warrant Articles for the May 24, 2011 Annual Town Meeting:

No. Article

19. Traffic Calming Resolution (Mattison)

Town Counsel Jennifer Gilbert stated that the petitioner has agreed to the Board’s version with a small change. It has now been determined that under the 2001 policy, no funds can be expended for traffic calming projects that did not have a Design Review Committee (DRC) assigned to it.

The Board discussed three projects, Pond Avenue, High Street, and Stedman Street. These projects did not go through the DRC, they have been approved, but no funds have been expended as yet. In question was would these projects have to start at the beginning again in order to get the fund expended. The process has been long and they have been thoroughly reviewed by the Transportation Board. The Runkle and Heath School projects are an exception because they are development projects.

Chairman DeWitt’s concern is that the Board of Selectmen had adopted a policy in 2001, and it should not be ignored. The concern is the implication on those three projects.

Todd Kirrane, Transportation Administrator outlined the process for these traffic calming projects that started over a year ago. He feels that to go back and appoint a DRC to them will add a significant amount of time to them. Most of the ground work has already been done, it will be duplicated. The Board wondered how much more time would be needed since most of the work has been done. Mr. Kirrane replied that a lot has to do with the Transportation Board meeting schedules. They have not gone out to bid yet.

Selectman Benka asked whether it is really reasonable to go back and restart the projects, despite the fact that the Transportation Board feels that the DRC does not work as well as their current practice. Selectman Daly stated that the Transportation Board should have approached the Board of Selectmen with a procedure they feel is better than the 2001 policy. The Board discussed the Transportation Board’s public hearing process, and if they are considered formal enough. Selectman Mermell stated that she is comfortable with the current Transportation Board’s procedures, but it is not following the policy approved by the Selectmen. She is worried that it may set a precedent.

Hugh Mattison added that not only does the Transportation Board have to follow their policy, the Selectmen have to follow the CIP policy. In Board of Selectmen May 26, 2011 Page 4 of 5

Marty Rosenthal TMM#9 added that he has an amendment. He added that the Board should have policies to follow, why can’t something be expedited if the process has already started. He can’t conceive that every change has to go through this process. Selectman Benka added that under the current language of the Selectmen’s version, as interpreted by Town Counsel, no money can be expended unless the DRC process is followed. The Advisory Committee version would not have that impact on existing projects.

Mr. Kirrane stated that the policy is to educate and place enforcement before there are any changes to the roadway. The Transportation Board will be working on a revised policy to be presented in November.

On motion it was unanimously,

VOTED: To reconsider Article 19.

Selectman Benka made the motion of Favorable Action on the Advisory Committees version.

VOTED: 4-1 motion failed

DeWitt no Daly no Mermell no Benka aye Goldstein no

VOTED: Favorable Action on the following revised motion by a vote of 5-0. The motion incorporates Martin Rosenthal’s proposed amendment, with one change (underlined language is new):

that the Town adopt the following resolution:

Whereas, changes to create traffic calming can have a significant effect on the daily lives of residents;

Whereas, the existing Traffic Calming Policy and Procedures were written and voted by the Board of Selectmen in 2001 at which time traffic calming was a new idea in Brookline;

Whereas the Transportation Board has had ten years of experience in developing and implementing traffic calming measures;

Whereas new approaches and strategies for traffic calming continue to evolve;

In Board of Selectmen May 26, 2011 Page 5 of 5

NOW, THEREFORE BE IT RESOLVED THAT: Town Meeting urges the Transportation Board to assess and evaluate its current Traffic Calming Policy and Procedures and revise them, where necessary, to reflect best practices regarding traffic calming planning, including public outreach and participation, development, and implementation; and follow the existing policy voted by the Board of Selectmen in 2001 in the interim, except that for the Pond Avenue and High Street projects, the Board of Selectmen and the Transportation Board shall develop a mitigating procedure at a public hearing; and

BE IT FURTHER RESOLVED, that Town Meeting urges the Transportation Board to submit its findings to the Board of Selectmen by the end of November 2011 March, 2012, after soliciting public input in at least one public hearing held after making a draft of the proposed policy and procedures publicly available through timely dissemination both by prominent placement on the Town website and also by a link thereto from by-law §3.21 listserv e-notices.

There being no further business, the Chair adjourned the meeting at 6:50 pm.

ATTEST

In Board of Selectmen June 2, 2011 (Thursday) 8:00 am 6th floor Conference Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly and Kenneth Goldstein

In Board of Selectmen June 2, 2011 Page 2 of 3

TEMPORARY ALL KINDS OF ALCOHOLIC

The Board considered the question of granting a temporary All Kinds of Alcoholic beverages license to BU College of Fine Arts in connection with a Design Exhibition Reception to be held on June 9, 2011 from 6pm - 9pm at 808 Commonwealth Avenue.

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic beverages license to BU College of Fine Arts in connection with a Design Exhibition Reception to be held on June 9, 2011 from 6pm - 9pm at 808 Commonwealth Avenue

TEMPORARY WINE AND MALT BEVERAGES

The Board considered the question of granting a temporary Wine and Malt beverages license to the Puppet Showplace Theatre in connection with a “Friend Raiser” to be held on June 5, 2011 from 3pm-9pm at 32 Station Street.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to the Puppet Showplace Theatre in connection with a “Friend Raiser” to be held on June 5, 2011 from 3pm-9pm at 32 Station Street.

TEMPORARY ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting a temporary Alcoholic Beverages license (no sales) to the Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

June 3rd Urban League Fundraiser 5pm-11pm

June 4th Bat Mitzvah 6pm-11pm

June 7th Corporate Reception 5:30pm-9:30 p.m.

In Board of Selectmen June 2, 2011 Page 3 of 3

On motion it was unanimously,

VOTED: To grant a temporary Alcoholic Beverages license (no sales) to the Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

June 3rd Urban League Fundraiser 5pm-11pm

June 4th Bat Mitzvah 6pm-11pm

June 7th Corporate Reception 5:30pm-9:30 p.m.

There being no further business, the Chair adjourned the meeting at 8:15 am.

ATTEST

In Board of Selectmen June 7, 2011 6th Floor Hearing Room 6:30 pm

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Richard Benka and Kenneth Goldstein (Mermell absent)

The Minutes May 24, 26 and June 2, 2011 were approved as amended.

In Board of Selectmen June 7, 2011 Page 2 of 24

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

Saturday June 11 National Center for Race Amity hosted by Wheelock College on the Rose Kennedy Greenway.

Sunday June 12, reopening of the Minot Garden 1-3

CHANGE ORDER

The Board considered the question of approving Change Order #3 in the amount of $49,611.00 for work to be completed by G&R Construction, Inc. in connection with the Runkle School Renovations and Additions. Said Change Order to be funded from account 2594C165 6C0002.

Project Administrator Tony Guigli stated that this request includes door hardware modifications, plumbing, demolition, additional door frames, and concrete addition. The door hardware was not in the original documents because of budget concerns, but they are really needed, and costly.

On motion it was unanimously,

To approve Change Order #3 in the amount of $49,611.00 for work to be completed by G&R Construction, Inc. in connection with the Runkle School Renovations and Additions. Said Change Order to be funded from account 2594C165 6C0002.

COMMITTEE OF SEVEN

The Board considered the question of appointing a Committee of Seven and appointing a Selectmen to Chair the Committee for the Designer Selection for the DPW/Parks/Building Maintenance Operations.

Chairman DeWitt nominated Selectman Daly as Chair to the Committee as follows: Janet Fierman, George Cha, David Pollak, Kevin Johnson, Erin Gallentine, Charles Simmons, and Selectman Daly as Chair.

On motion it was unanimously,

VOTED: To appoint a Committee of Seven for the Designer Selection for the DPW/Parks/Building Maintenance Operations as follows: Janet Fierman, George Cha, David Pollak, Kevin Johnson, Erin Gallentine, Charles Simmons, and Selectman Daly as Chair. In Board of Selectmen June 7, 2011 Page 3 of 24

AMENDMENT TO MEMORANDUM OF UNDERSTANDING

The Board considered the question of approving and authorizing the Chair to execute an amendment to the following Memorandum of Understanding to extend the time in which to complete the work and expend the funds:

DPW Tree Removal $30,000 1819G005 6C0011

Director of Parks and Open Spaces Erin Gallentine stated that there are funds remaining in this account, this will allow tree removal work to be done in CDBG-eligible areas.

On motion it was unanimously,

VOTED: To approve and authorize the Chair to execute an amendment to the following Memorandum of Understanding to extend the time in which to complete the work and expend the funds:

DPW Tree Removal $30,000 1819G005 6C0011

CONTRACT EXTENSION

The Board considered the question of authorizing the Chairman to execute the following contract extension for the following FY 2011 CDBG activity:

Dept. of Planning & Microenterprise Community Development Assistance 1846G011 558050 $ 25,000.00

Director of Economic Development Kara Brewton stated that these funds have not been expended yet, which is why the extension is being requested. There are two applicants that qualify for the funding assistance. They are family owned, low income business owners.

On motion it was unanimously,

VOTED: To authorize the Chairman to execute the following contract extension for the following FY 2011 CDBG activity:

Dept. of Planning & Microenterprise Community Development Assistance 1846G011 558050 $ 25,000.00 In Board of Selectmen June 7, 2011 Page 4 of 24

APPROPRIATION TRANSFER

The Board considered the question of approving the following appropriation transfer within the Finance Department Purchasing Division budget:

From: 15001560 531030 $ 500.00 Office Supplies To: 15001560 561021 $ 500.00 Gasoline

On motion it was unanimously,

VOTED: To approve the following appropriation transfer within the Finance Department Purchasing Division budget:

From: 15001560 531030 $ 500.00 Office Supplies To: 15001560 561021 $ 500.00 Gasoline

APPROPRIATION TRANSFER

The Board considered the question of approving the following appropriation transfer within the Police Department budget:

From: 21002020 5A0001 $19,000.00 Automobiles

210020205A0001 $17,500.00 Patrol

To: 21002010 522016 $ 6,800.00 Computer Equip/Repair

21002010 522017 $ 4,400.00 Communication Equip/Repair

21002010 525002 $ 7,800.00 Wireless Communication

2100201053905 $17,500.00 Uniforms

In Board of Selectmen June 7, 2011 Page 5 of 24

On motion it was unanimously,

VOTED: To approve the following appropriation transfer within the Police Department budget:

From: 21002020 5A0001 $19,000.00 Automobiles

210020205A0001 $17,500.00 Patrol

To: 21002010 522016 $ 6,800.00 Computer Equip/Repair

21002010 522017 $ 4,400.00 Communication Equip/Repair

21002010 525002 $ 7,800.00 Wireless Communication

2100201053905 $17,500.00 Uniforms

APPROPRIATION TRANSFER

The Board considered the question of approving the following appropriation transfer within the Fire Department budget:

From 22002050 522070 $ 6,000.00 MV Equip/Repair

To: 22002050 534230 $ 6,000.00 MV Supplies

On motion it was unanimously,

VOTED: To approve the following appropriation transfer within the Fire Department budget:

From 22002050 522070 $ 6,000.00 MV Equip/Repair

To: 22002050 534230 $ 6,000.00 MV Supplies In Board of Selectmen June 7, 2011 Page 6 of 24

LICENSE AGREEMENT

The Board considered the question of authorizing Director of Planning and Community Development Jeff Levine to execute, on behalf of the Town a license with Olmsted Hill Condominiums LLC, substantially in form of attachment, to permit construction to take place prior to the transfer of Lot 11 (2-8 Olmsted Road).

Town Counsel Jennifer Gilbert stated that this is to authorize the Planning Director to sign a license of agreement. The license is needed because the closing has not happened yet because the funding was not in place. The Town still owns the land and the license is required to do the construction on the Town-owned property.

Peter Roth, of New Atlantic Development Corporation added that they are ready to move forward. He anticipates a closing date of next week.

On motion it was unanimously,

VOTED: To authorize Director of Planning and Community Development Jeff Levine to execute, on behalf of the Town a temporary license with Olmsted Hill Condominiums LLC, substantially in form of attachment, to permit construction to take place prior to the transfer of Lot 11 (2-8 Olmsted Road).

RELEASE OF THE DEED AND FUNDS

The Board considered the question of authorizing Town Counsel to proceed with release of the deed and funds in connection with the Town and at Kerrigan Place under the terms of the October 2008 Escrow Agreement with Leggat McCall.

Town Counsel Jennifer Gilbert stated that Leggat McCall is no longer pursuing the purchase of Kerrigan Place. The original agreement held their funds in escrow until October 2011. There is now another interested party for the site, and Ms. Gilbert recommends releasing the deed and the getting the bond back to Leggat McCall. It is in the Town’s best interest to get the deed back.

On motion it was unanimously,

VOTED: To authorize Town Counsel to proceed with release of the deed and funds in connection with the Town and at Kerrigan Place under the terms of the October 2008 Escrow Agreement with Leggat McCall.

In Board of Selectmen June 7, 2011 Page 7 of 24

SUNDAY ENTERTAINMENT LICENSE

The Board considered the question of granting a Sunday Entertainment License to the Flag Day Committee in connection with the Flag Day Celebration to be held on June 19, 2011.

On motion it was unanimously,

VOTED: To grant a Sunday Entertainment License to the Flag Day Committee in connection with the Flag Day Celebration to be held on June 19, 2011.

AGREEMENT

The Board considered the question of approving and executing an Agreement in the amount of $9,950.00 for consulting services with Municipal Resources Inc., in connection with the Fire Chief Search.

Town Administrator Mel Kleckner stated that Municipal Resources was chosen to assist with the Fire Chief Search.

On motion it was unanimously,

VOTED: To approve and execute an Agreement in the amount of $9,950.00 for consulting services with Municipal Resources Inc., in connection with the Fire Chief Search.

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting a temporary All Kinds of Alcoholic beverages license (not for sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

June 10th 50th Birthday Party 6:30pm-11:00pm

June 11th Post Wedding Reception 6pm-11pm

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic beverages license (not for sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street: In Board of Selectmen June 7, 2011 Page 8 of 24

June 10th 50th Birthday Party 6:30pm-11:00pm

June 11th Post Wedding Reception 6pm-11pm

CIRCLE CINEMA SITE

The Board considered the question of authorizing the Chairman to execute a letter to the Boston Redevelopment Authority regarding the Circle Cinema.

Economic Development Director Kara Brewton stated that Boston Development Group (BDG) no longer has the Applebee’s site (located in Boston) under agreement. This could have some traffic signal implications for Brookline if the curb cuts are not closed. BDG has not filed any papers with Brookline to date. Boston has a comment phase open until Monday June 13th. This would be the time to address any concerns that Brookline may have and submit them by that date.

Selectman Goldstein noted that the location would be a good place for the regional bike sharing program to have a station; perhaps this could be suggested in the letter. Selectman Benka would like to include adequate details about traffic control, and the closure of existing curb cuts at the Applebee’s site, the responsibility of the DPW for curb cut permits, and the need to plan concurrently for both parcels.

On motion it was unanimously,

VOTED: To authorize the Chairman to execute a letter to the Boston Redevelopment Authority regarding the Circle Cinema site.

RESOLUTION

The Board considered the question of adopting a Resolution recognizing June 12, 2011 as Race Amity Day.

Denise Seymour from Wheelock College stated that National Race Amity Day will take place on Sunday June 12th, on the Rose Kennedy Greenway. The objective is to encourage attendees to seek out a person of a racial or ethnic background different from their own and commit to some form of future interaction. This is a free event, open to the public and will include children’s entertainment, art and music events and multicultural food. She hopes the community will come out to celebrate this special event. In Board of Selectmen June 7, 2011 Page 9 of 24

The Board thanked Ms. Seymour for the invite and supports and embraces their goals. Chairman DeWitt passed along Selectman Mermell’s support as well.

On motion it was unanimously,

VOTED: To adopt the following Resolution recognizing June 12, 2011 as Race Amity Day.

RESOLUTION RECOGNIZING NATIONAL RACE AMITY DAY

WHEREAS, the National Center for Race Amity based at Wheelock College was established in January 2010; and

WHEREAS, the inaugural Boston Metro celebration of National Race Amity Day will take place on Sunday, June 12, 2011 on the Rose Fitzgerald Kennedy Greenway; and

WHEREAS, racism is a major barrier to the achievement of a just and peaceful world and a blight to human progress; and

WHEREAS, America has made great progress in racial justice in the past century, but still faces many challenges in the 21st century; and

WHEREAS, the National Center for Race Amity and its partners are calling for communities to set aside a day for all Americans to affirm the dignity of the diverse racial, cultural and religious backgrounds of the people of the United States of America; and

WHEREAS, our national motto, E Pluribus Unum (from many, one) points us to move beyond mere tolerance to genuine friendship across racial lines.

NOW THEREFORE, BE IT RESOLVED that the Brookline Board of Selectmen designates Sunday June 12, 2011 as Race Amity Day in the Town of Brookline and encourages all citizens to celebrate the racial, cultural and religious diversity of our community and to participate in the Boston Metro event.

TOWN CLERK PERSONNEL

The Board considered the question of authorizing the filling of a vacancy in the position of Administrative Assistant (C-8) in the Town Clerk’s Office.

Town Clerk Pat Ward stated that this position has been vacant since September 2010. He has been using part time temporary help to fill in some of the hours.

Town Administrator Mel Kleckner added that this is a budgeted position as part of a re-organization between the Town Clerk’s office and the Selectmen’s office which results in a net savings in FY12. In Board of Selectmen June 7, 2011 Page 10 of 24

On motion it was unanimously,

VOTED: To authorize the filling of a vacancy in the position of Administrative Assistant (C-8) in the Town Clerk’s Office.

PARK AND RECREATION – PERSONNEL

The Board considered the question of authorizing the filling of the following vacancies in the Recreation Department.

Lead Teacher GN-4 Therapeutic Recreation Specialist T-4

Recreation Director Lisa Paradis stated that the Lead Teacher is a newly created position for the pre-school program. There is currently part-timers used to fill the gap. This is an important position that requires consistency and stability for the pre-schoolers. The position will eliminate some of the part timers.

The Therapeutic Recreation Specialist is also newly created to help design and develop the implementation of recreation programming that is inclusive, adoptive and appropriate for children and adults with a variety of disabilities and other related duties as assigned. Ms. Paradis is excited to bring this position to the Recreation Department. The position will work closely with the School Department to design after school programs.

On motion it was unanimously,

VOTED: To authorize the filling of the following vacancies in the Recreation Department.

Lead Teacher GN-4 Therapeutic Reaction Specialist T-4

BOARDS AND COMMISSIONS

The following candidates for appointment/reappointment will appear for interview

Planning Board Ashling Fingleton Rick Schmidt

In Board of Selectmen June 7, 2011 Page 11 of 24

Planning Board

Ashling Fingleton-is currently serving on the Preservation Commission. She is the President and CEO of Lacey Construction, which restores historic homes and buildings. She is familiar with the planning process, and lives in a historic district. Ms. Fingleton also works in the financial aspects of her company.

Rick Schmidt- is the Principal and Founder of Schmidt Architects, and has recently been appointed to the Design Advisory Team for the Trustman Apartments Project. Mr. Schmidt has previously worked for the Boston Landmarks Commission that works with local Historic District Commissions as the City’s stewards of Boston’s historic buildings, places and neighborhoods.

Women’s Commission

Eliza Blanchard - is an ordained minister with training in pastoral counseling and community building. Ms. Blanchard is a former English teacher and tutor. She is interested in supporting women in the community in areas of employment, education and support networks.

Aimee Tallarico-works at the Dana- Farber Cancer Institute doing research in the field of infectious diseases. She is a member of the Driscoll School Council, and has attended some of the Women Commissions’ events. Ms. Tallarico holds a PhD from Boston College, and attended Mount Holyoke College, and Miss Porter’s School, both women’s colleges.

BYLAW EXEMPTION

The Board considered the question of approving the request of Chestnut Motors, Paul Stein, President for an exemption of Town By-Law 5.4 “Commercial & Institutional Delivers” to allow deliver of gas between the hours of 11:00 p.m. and 7:00 a.m. at 1180 Boylston Street.

Petitioner Paul Stein stated that the current By-law states that his supplier cannot deliver gasoline between the hours of 11:00 pm and 7:00 am. He feels that receiving the gasoline during the nighttime hours will relieve some traffic congestion during the day. When the gas is delivered it causes traffic backups on Hammond Street and Route 9. Mr. Stein is not able to get an accurate time frame from his suppliers because they are unable to keep a strict schedule due to their many clients and route delays. He added that the delivery itself is not a noisy process.

Anthony Andreadis TMM#15 stated that he has no problem with the hours, he does have concerns about traffic in that area. In Board of Selectmen June 7, 2011 Page 12 of 24

Paula Coelho TMM#15 is not in support of the exemption. She feels it would be too noisy for the residents to hear late night delivery trucks.

Joe Jenaski, employee of the petitioner stated that the area starts to get very busy by 6:45 am, when traffic slows down to enter Starbucks, making it difficult for the delivery trucks to get in and out. He added that the truck is a good distance from the nearest residential dwelling.

Christine Knauf, Hammond Street spoke in favor of the exemption stating that it would relieve traffic and the noise would not be any worse than the current night noises.

Lee Selwyn TMM#13 agreed that this intersection is very busy, and is in favor of any measures used to relieve congestion there. He recommended a trial basis of three months to see if there are any complaints.

Selectman Goldstein asked if the noise By-law were waived, would that mean there would be no deliveries during high traffic daytime hours. Mr. Stein replied that he would have to check with the supplier.

The Board discussed the By-law and if an exemption could be applied. It is clear that some regulations need to be applied and clarified. The Board is concerned that this may set a precedent, and By-laws will not be adhered to. The Board would like to see if the supplier can narrow down some delivery times, and get some information on the gas station across the street on their delivery times and logistics. Selectman Daly is not in favor of the exemption, this neighborhood has endured many issues with late night activity from other area businesses.

The Board will continue discussion on this agenda item after more information is supplied.

REDISTRICTING

Chairman Betsy DeWitt and members of the Redistricting Committee appeared to present their report/recommendations and request possible vote on modifying the voting precincts of the Town.

Chairman DeWitt reviewed the following presentation:

In Board of Selectmen June 7, 2011 Page 13 of 24

Presentation to the Board of Selectmen June 7, 2011

` PRECINCT NAME 2000 COM ` 1 TOMMY VITOLO Tech ` 2 STANLEY SPIEGEL X Tech ` 3 JEAN STRINGHAM ` 4 JOHN MULHANE ` 5NEIL WISHINSKY, VICE-CHAIR Tech ` 6 CAT ANDERSON X ` 7 BERNARD GREENE ` 8 CAROL CARO Tech ` 9 PAUL HARRIS ` 10 MICHAEL TRAISTER ` 11 BOBBIE KNABLE ` 12 AMY HUMMEL Tech ` 13 LEE SELWYN Tech ` 14 GEORGIA JOHNSON ` 15 AB SADEGHI-NEJAD ` 16 MICHAEL BERGER X ` AL BETSY DEWITT, CHAIR X ` ` STAFF: Town Clerk Patrick Ward ` Recording Secretary Linda Kirby ` IT Specialists Feng Yang and Jed Ferenbach

In Board of Selectmen June 7, 2011 Page 14 of 24

` Town Precincts must be adjusted to accommodate the results of the U.S. Census ` Occurs every 10 years

In Board of Selectmen June 7, 2011 Page 15 of 24

` Learn how to create map and the legal standard ` Develop criteria & methodology for mapping ` Resolve census block anomalies ` Shift population from precincts with excess to precincts with deficit ` Create different mapping scenarios ` Achieve consensus on a map

In Board of Selectmen June 7, 2011 Page 16 of 24

Precinct Starting Deviation from Mean 16 19.51% 15 21.69% 14 6.71%

In Board of Selectmen June 7, 2011 Page 17 of 24

Precinct Starting Deviation from Mean 4 -9.61% 5 -12.50% 11 -5.06% 12 -9.06%

` 1 ` 8 ` 2 ` 9 ` 3 ` 10 ` 6 ` 13 ` 7

But every action has a reaction!

In Board of Selectmen June 7, 2011 Page 18 of 24

In Board of Selectmen June 7, 2011 Page 19 of 24

“The great principle…is equality of representation among all the voters of the Commonwealth.”

` Compact and contiguous precincts ` Roughly equal numbers of residents (not voters) x +/- 5% deviation from mean ` Must use U.S. Census numbers ` Must not divide Census Blocks

In Board of Selectmen June 7, 2011 Page 20 of 24

` Boundaries must follow streets or other “natural boundaries” ` Must be respectful of “Communities of Interest” ` Must not fragment minority groups x Must not pack high proportion of minorities into one precinct

` Minimize disruptions ` Respect neighborhoods as much as possible ` Clean up some anomalous boundaries from last time ◦ Precinct 4/6 “Horsehead” ◦ Precinct 12/14 ` Consider citizen comments and map submissions

In Board of Selectmen June 7, 2011 Page 21 of 24

Month Milestone

March Committee Appointed 2011 March Census Results Issued 2011 April 2011 Committee Organizes April 2011 Tech Subcommittee Practice Proposals May 2011 Beacon St. Anomalies Resolved May 2011 Proposals to Full Committee by Tech Subcommittee Members May 2011 Preliminary Adoption of Recommendation to BOS May 2011 “Final” Adoption of Recommendation to BOS May 2011 Informal Feedback from SOC June 2011 Adoption of Technical Corrections June 2011 Presentation to BOS

` Unanimous Recommendation ` Informal SOC comments incorporated into recommendation ` All precincts within 5% deviation from mean ◦ Some are at high end +/- 4% ` 7 Precincts remain the same ` 6 incumbent TMMs change precincts

In Board of Selectmen June 7, 2011 Page 22 of 24

Committee Recommendation

In Board of Selectmen June 7, 2011 Page 23 of 24

Members of the Redistricting Committee spoke about the task and the careful review and calculations that went into the redistricting map. This was required due to population shifting since 2000.

The Board acknowledged the amount of effort and work put into this difficult task.

There was no vote on this item.

WATER AND SEWER RATES

Commissioner of Public Works Andrew Pappastergion appeared to present the proposed FY2012 Water/Sewer rates, and reviewed the following:

As the final part of the fiscal year 2012 budget process, the Department of Public Works has examined the rate structures for water and sewer charges to provide for full cost recovery of the Town’s water and sewer enterprise. The rate setting process is based on the projected FY2012 water and sewer budget expenditures, including MWRA wholesale assessments, and the estimated water consumption and sewer use for the same period.

During the rate setting process for FY2010, the Board directed the Department to establish a working group to examine the rate setting process and include an analysis of the following issues as part of a redesign of the rate schedules for water and sewer:

• Flat rates vs. Increasing block rates • Using base charges to cover a portion of operating costs and debt service • New revenue sources such as fire service charges • Public facility water and sewer use

The working group retained the services of Weston & Sampson Engineers to provide technical assistance and included the following members:

• Mel Kleckner, Town Administrator • Sean Cronin, Deputy Town Administrator • Richard Benka, Selectman • Stephen Cirillo, Director of Finance • Andrew Pappastergion, Commissioner of Public Works

After many months of careful deliberation, the group is prepared to make a recommendation to the Board that establishes a new rate structure for FY2012 that meets the following criteria:

1. implement a Base Charge according to meter size that covers 31% of the operation and debt service costs of the enterprise; 2. implement a two (2) step Increasing Block Rate that satisfies the requirements of Mass DEP for water conservation rate structures; In Board of Selectmen June 7, 2011 Page 24 of 24

3. implement a Fire Service Charge based on fire service pipe size to cover the capital costs of providing adequate system capacity for fire protection; 4. establish Billing Capabilities for Public Facilities and include funding within the FY2012 departmental budgets for water and sewer utility costs

POWERPOINT DOCUMENTS ATTACHED

There will be a Public Hearing on the new proposed rates in two weeks. There was no vote on this agenda item.

There being no further business, the Chair adjourned the meeting at 10:10 pm.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date.

5. resolution/email from dseymour to pparks/promotional material 6. auth to hire form/job description 7. auth to hire form/job description (2) 8. applications/resumes 9. emails/letter to bos from pstein/bylawcopy/copy of notice/letter submitted to bos from sgarr 10. memo to bos from bdewiitt/map/charts/powerpoint 11.letter to bos from dpw commissioner/powerpoint 12. minutes may 24,26 june2 13.email to scronin from tguigli/po change form/co from vendors 14. email to scronin from tguigli 15.memo from planning to bos/mou copy 16. extension agreement 17. appropriate code form 18. appropriate code form 19.memo from aansaldi to bos/app transfer form 20.cert of liability/letter to bos from jlevine 22. license application 23. letter to ta from cjordan 24. applications 25.draft comment letter from kbrewton to bos

In Board of Selectmen June 14, 2011 6th Floor Hearing Room 6 pm

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein The Minutes of June 7, 2011 were approved as amended

In Board of Selectmen June 14, 2011 Page 2 of 16

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

In Board of Selectmen June 14, 2011 Page 3 of 16

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen June 14, 2011 Page 4 of 16

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

June 15, Fenway Park, Believe in Brookline 6:30-9pm June 16, Rotary Club’s Annual Public Service Awards June 16, Chamber of Commerce Community Awards 6-8 pm Pine Manor College June 19, Flag Day Events

PUBLIC COMMENT

There was no public comment.

BROOKLINE COMMUNITY FOUNDATION

Richard Ward, Executive Director of the Brookline Community Foundation appeared to update the Board on the Foundation’s activities and initiatives.

The Brookline Community Foundation’s vision is “We envision a diverse and vibrant Brookline, where an ethic of philanthropy, equity, volunteerism and civic engagement ensures that everyone’s basic needs for social services, education and housing are met, the arts flourish, and the environment thrives”.

Richard Ward, Executive Director of the Brookline Community Foundation stated that he has been the Director now for a year, and has worked closely with Town Departments and Officials. He reviewed several programs and initiatives the Foundation has been working on. Mr. Ward introduced Kathryn Maris, a Brookline High School student. Ms. Maris outlined the “Youth Philanthropy Initiatives”, a program designed of local youths formed to review and administer grants to local applicants. The recipients were The Brookline Mental Health Center, for their work with local Metco Students, and Brookline’s Early Education Summer Sparks program.

The Board thanked them for the update, and acknowledged the important work they do for the community, and hopes more donations will come from local residents, to help other local residents in need.

POLICE PERSONNEL

The Board considered the question of approving the following promotions within the Police Department:

Sergeant Derek Hayes to Lieutenant P.O. Jennifer Paster to Sergeant

In Board of Selectmen June 14, 2011 Page 5 of 16

Sergeant Derek Hayes- a Brookline High graduate has been on the force since 1998. He holds a Bachelor’s Degree in Sociology and Criminology, and Master’s Degree in Criminal Justice. Sergeant Hayes has worked various shift assignments, and recently was very instrumental in developing the Bicycle unit.

P.O. Jennifer Paster- a Brookline High graduate has been on the force since 2000. She holds a Bachelor’s Degree in Sociology and Master’s Degree in Criminal Justice. Ms. Paster was assigned as the Department’s first Intelligence Officer, she has advanced training in Sexual Assault Investigation and as a trained RAD instructor.

Chief O’Leary stated that both of these candidates hold leadership qualities and will be the front and center of the Department in years to come. He added that a lot of thought and effort has been put into recommendations for promotions.

The Board thanked the candidates and their families for their commitment to the Town and their hard work in Public Safety. The Board wished them a long successful career.

On motion it was unanimously,

VOTED: To approve the following promotions within the Police Department:

Sergeant Derek Hayes to Lieutenant P.O. Jennifer Paster to Sergeant

CONTRACT

The Board considered the question of awarding and executing a contract in the amount of $420,000 with Klopfer Martin Design Group for Design Services in connection with the design development of the new park at Fisher Hill Reservoir. Said contract to be funded from account 4997C160 524010.

Director of Parks and Open Spaces Erin Gallentine stated that the Fisher Hill Design Selection Committee received 9 proposals and they narrowed it down to 3 applicants. The Committee recommended Klopfer Martin Design Group because of their clear and concise presentation.

On motion it was unanimously,

VOTED: To award and execute a contract in the amount of $420,000 with Klopfer Martin Design Group for Design Services in connection with the design development of the new park at Fisher Hill Reservoir. Said contract to be funded from account 4997C160 524010.

In Board of Selectmen June 14, 2011 Page 6 of 16

GRANT/CONTRACT

The Board considered the question of accepting a grant and executing a contract in the amount of $80,000 with the Department of Conservation and Recreation for the design development of pedestrian/bicycle crossings in the Emerald Necklace and authorizing Town Administrator Melvin A. Kleckner to execute contracts in connection with said grant.

Director of Parks and Open Space Erin Gallentine stated that several Departments have been working together to address the pedestrian crossing in the Washington Street and Route 9 area. Once discussions started, it was determined that other crossways need attention as well. The Town has been selected to receive a grant from the Department of Conservation and Recreation (DCR) in the amount of $80,000. Funding in the amount of $600,000 is currently earmarked for federal funding for construction in the Washington Street area. The DCR has noted that the project is estimated to be $720,000. Of which $640,000 will be contributed by the Town, and $80,000 will be funded by DCR.

Selectman Benka expressed concerns about the earmarked funds, and how it appears to be a stipulation of the grant. The contract states that Brookline will be contributing $640,000 as a project match. What happens if those funds do not come through, will Brookline be responsible for the $640,000? Selectman Benka would like to see some language that protects the Town in this regard. Ms. Gallentine replied that the DRC is aware that the federal funds are earmarked only. She agrees to some clause included to address this. Ms. Gallentine added that this is time sensitive. Selectman Mermell added that she would not like to lose this opportunity over word-smithing for an area that is in need of pedestrian improvements. Selectman Benka would like to hold the vote subject to Town Counsel approval, and that the Town has not received outside funding and necessary approvals from other agencies for further work.

The public process would be accomplished by a Board of Selectmen led and appointed Design Review Committee. Selectman Mermell was appointed as the Board’s member.

On motion it was unanimously,

VOTED: To accept a grant and execute a contract in the amount of $80,000 with the Department of Conservation and Recreation for the design development of pedestrian/bicycle crossings in the Emerald Necklace and authorizing Town Administrator Melvin A. Kleckner to execute contracts in connection with said grant, condition upon review and revision of agreement by Town Counsel, including addressing contingencies if the $600,000 earmarked funding is not available, necessary approvals are not forthcoming and other issues identified by Town Counsel making clear that the Town is committing only to planning and not construction.

In Board of Selectmen June 14, 2011 Page 7 of 16

CONTRACT

The Board considered the question of renewing Contract No, PW/11-02 “School Grounds Maintenance” in the amount of $131,170.00 with D. Muzzioli Associated, Inc. Said contract to be funded from FY12 funds as follows:

46004651 523599 $81,000.00 46004650 523599 $25,600.00 42004230 523070 $24,570.00

On motion it was unanimously,

VOTED: To renew Contract No, PW/11-02 “School Grounds Maintenance” in the amount of $131,170.00 with D. Muzzioli Associated, Inc. Said contract to be funded from FY12 funds as follows:

46004651 523599 $81,000.00 46004650 523599 $25,600.00 42004230 523070 $24,570.00

CONTRACT

The Board considered the question of renewing Contract No. PW/11-03 “Upkeep of Trees and Related Work” in the amount of $272,422.52 with Lewis Tree Service, Inc. Said contract to be funded from FY12 funds as follows:

46004680 523599 $120,515.00 4912K051 6C0011 $ 75,000.00 4912K073 6P0044 $ 20,000.00 4996TW23 523599 $ 10,000.00 46004650 523599 $ 46,907.52

On motion it was unanimously,

VOTED: To renew Contract No. PW/11-03 “Upkeep of Trees and Related Work” in the amount of $272,422.52 with Lewis Tree Service, Inc. Said contract to be funded from FY12 funds as follows:

46004680 523599 $120,515.00 4912K051 6C0011 $ 75,000.00 4912K073 6P0044 $ 20,000.00 4996TW23 523599 $ 10,000.00 46004650 523599 $ 46,907.52 In Board of Selectmen June 14, 2011 Page 8 of 16

CONTRACT

The Board considered the question of renewing Contract No. PW/11-04 “Repair and Installation of Chain Link Fencing” in the amount of $116,361.00 with Steelco Chain Link Fence Erecting, Co., Inc. Said contract to be funded from FY12 fund account 4912K066 6P0018.

On motion it was unanimously,

VOTED: To renew Contract No. PW/11-04 “Repair and Installation of Chain Link Fencing” in the amount of $116,361.00 with Steelco Chain Link Fence Erecting, Co., Inc. Said contract to be funded from FY12 fund account 4912K066 6P0018.

CONTRACT

The Board considered the question of awarding and executing Contract No. PW/12- 01 “Beacon Street and General Grounds Maintenance” in the amount of $238,750.00 with Park Landscape Associates of Roslindale, MA. Said contract to be funded from FY12 funds as follows:

46004650 523599 $183,250.00 4912K066 6P0018 $ 25,500.00 4912K051 6C0011 $ 20,000.00 4996TW15 523599 $ 10,000.00

On motion it was unanimously,

VOTED: To award and execute Contract No. PW/12-01 “Beacon Street and General Grounds Maintenance” in the amount of $238,750.00 with Park Landscape Associated of Roslindale, MA. Said contract to be funded from FY12 funds as follows:

46004650 523599 $183,250.00 4912K066 6P0018 $ 25,500.00 4912K051 6C0011 $ 20,000.00 4996TW15 523599 $ 10,000.00

EXTRA WORK ORDER

The Board considered the question of approving Extra Work Order #1 in the amount of $8,792.61 for work to be completed by Park Landscape Associates in connection with Contract No. PW/11-08 “Repair Three Paths”. Said work order to be funded from account 4911K067 6P021.

In Board of Selectmen June 14, 2011 Page 9 of 16

On motion it was unanimously,

VOTED: To approve Extra Work Order #1 in the amount of $8,792.61 for work to be completed by Park Landscape Associates in connection with Contract No. PW/11-08 “Repair Three Paths”. Said work order to be funded from account 4911K067 6P021.

REBATE

The Board considered the question of accepting a rebate in the amount of $4,486.00 from NSTAR to be used for future and upcoming energy conservation programs.

Assistant Town Administrator Melissa Goff stated this rate relates to an energy conversion project the Building Department did at the High School. The monies will be used for upcoming energy conservation projects.

On motion it was unanimously,

VOTED: To accept a rebate in the amount of $4,486.00 from NSTAR to be used for future and upcoming energy conservation programs.

WATER EASEMENT

The Board considered the question of approving and executing a Surface Water Easement through MBTA property near the Brookline Village Station as approved by the May 24, 2011 Annual Town Meeting.

Director of Engineering Peter Ditto stated that this is related to the Town Meeting Article 22. It has been reviewed by both Town Counsel and Special Counsel.

On motion it was unanimously,

VOTED: To approve and execute a Surface Water Easement through MBTA property near the Brookline Village Station as approved by the May 24, 2011 Annual Town Meeting.

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting a temporary All Kinds of Alcoholic Beverages license to Pine Manor College in connection with the Chamber of Commerce Reception to be held on June 16, 2011 from 5pm – 10pm at 400 Heath Street.

On motion it was unanimously, In Board of Selectmen June 14, 2011 Page 10 of 16

VOTED: To grant a temporary All Kinds of Alcoholic Beverages license to Pine Manor College in connection with the Chamber of Commerce Reception to be held on June 16, 2011 from 5pm – 10pm at 400 Heath Street.

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting a temporary All Kinds of Alcoholic Beverages license to the Boston University College of the Fine Arts in connection with a Reception to be held on June 16, 2011 from 6pm-8pm at 808 Commonwealth Avenue.

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic Beverages license to the Boston University College of the Fine Arts in connection with a Reception to be held on June 16, 2011 from 6pm-8pm at 808 Commonwealth Avenue.

PERMIT TO SERVE ALCOHOLIC BEVERAGES (NON- SALES)

The Board considered the question of granting a permit to serve Alcoholic Beverages (non-sales) to the Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

Wedding June 18th 12N-6pm

Wedding June 25th 5pm-11pm

On motion it was unanimously,

VOTED: To grant a permit to serve Alcoholic Beverages (non-sales) to the Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

Wedding June 18th 12N-6pm

Wedding June 25th 5pm-11pm

In Board of Selectmen June 14, 2011 Page 11 of 16

AUTOMATED LICENSE PLATE READER GRANT

The Board considered the question of accepting a grant in the amount of $20,460 from the Executive Office of Public Safety and Security’s Highway Safety Division for the purchase on Automated License Plate Reader (ALPR).

Chief O’Leary stated that the Department has received a grant to purchase an Automated License Plate Reader (ALPR). The device would be mounted on a cruiser and take a picture of license plates, the data would then be compared to a computerized list that would alarm the Officer if a match is found.

Some of the uses would be:

1. Input our tow and hold list vehicle data for vehicles that owe outstanding parking tickets. This would include both in-state and out of state registered vehicles.

2. Input data that will assist us in managing the Town’s parking plan. For example, we would need to purchase an additional program to add to this ALPR that would allow us to input the vehicles from the Town’s residential parking permit system. This information would then be compared with vehicles parked on a particular street for more than two hours. The system would then identify for officers which vehicles are in violation.

3. Identify wanted/stolen vehicles operating or parked on our roadways.

4. Identify unregistered and /or uninsured motor vehicles as well as vehicles with suspended or revoked registrations.

5. Identify vehicles wanted in crimes or whose owners are wanted and operate a particular vehicle.

6. Assist in identifying suspects involved in criminal activities in Brookline.

7. Enforce some court orders.

Chairman DeWitt asked about Public Records Request. Associate Town Counsel Patty Correa replied that this would comply with the public records request. There is a section in the drafted policy that addresses this; it mirrors the camera policy. There is a thirty day retention period of the data that is mandatory by the State as of last February.

Selectman Daly is concerned about this. She hopes it will not be easy for someone to request the data in order to locate an address or whereabouts of someone for personal information. Selectman Mermell is concerned that the images picked up could be more than license plates. She feels there may be some privacy issues here. The Chief replied no, it In Board of Selectmen June 14, 2011 Page 12 of 16

would just capture the license plate number. The Officer would still have to call the number in before taking any action. He added that the Officers do the same task now manually; this would allow more coverage in a shorter period of time.

Selectman Goldstein is concerned about the lack of a human element. The system has the potential to allow anyone wanting to see whose car is left overnight to locate that. He would like the policy to reflect that nothing happens automatically, based on a snapshot of a license plate, the procedures still need to be adhered to.

Selectman Benka stated that he is not sure the Board can accept the grant and hold off on the policy. He would like to delay the vote until next week when some public comment can be heard.

To be continued next week.

BYLAW EXEMPTION

Further discussion on the request of Chestnut Motors, Paul Stein, President for an exemption of Town By-Law 5.4 “Commercial & Institutional Delivers” to allow deliver of gas between the hours of 11:00 p.m. and 7:00 a.m. at 1180 Boylston Street.

Chairman DeWitt stated that the gas station across the street was looked at, and they have the same delivery company. The Chief had reported that some of their deliveries were made after 11:00 pm which is in non-compliance with the By-law. The Police Department spoke to the owners and they said they were unaware of the By-law and will change its delivery hours to comply with them. Chief O’Leary voiced that he was not in favor of the By-law exemption due to the residential abutters. There has been some complaints about late night deliveries in a nearby establishment.

Selectman Benka stated that he would be comfortable with a delivery time slot of 8pm-11pm, but unfortunately the petitioner could not get his supplier to commit to any time periods.

Mr. Stein asked if there could be a police detail at his gas station on delivery days. Chief O’Leary replied that he could not commit to something like that. Mr. Stein stated that it comes down to his supplier not being able to commit to a delivery time between 5 pm and 11 pm, so the deliveries will remain a challenge for him and the traffic impacts. Chairman DeWitt noted that this location is unique in the fact that the delivery truck has to reverse to get out of the location.

The Board feels that without a time commitment of deliveries and the abutting residential units, they are not in favor of granting the exemption.

On motion it was, In Board of Selectmen June 14, 2011 Page 13 of 16

VOTED: 0-5 Motion failed To grant an exemption of Town By-Law 5.4 “Commercial & Institutional Delivers” to allow deliver of gas between the hours of 11:00 p.m. and 7:00 a.m. at 1180 Boylston Street.

OLMSTED HILL PROJECT

The Board considered the question of approving the following in connection with the Olmsted Hill Project:

(a) The third Amendment to the Land Disposition Agreement (b) The Final Housing Trust commitment and Set Aside. (c) Execution of the Deeds for the transfer of Lots, 6, 7, 8 and 10 to Olmsted Hill LLC and Lot 11 to Olmsted Hill Condominiums LLC

Chairman DeWitt stated that there will not be a vote on the set-aside.

Housing Advisory Board member Rufus Phillips stated that the project is going well so far, and they are requesting a range $667,775 –a possible increase of $1,101,972 in Housing Trust funds because there is a contesting of the amount between the developer and the Town on the amount of funds needed. The outcome of the dollar amount should be within this range.

On motion it was unanimously,

VOTED:

• To provide $667,725 in Housing Trust funds for gap financing to Olmsted Hill Condominiums LLC for the development of 24 affordable condominiums at 2-8 Olmsted Road, subject to the terms of the Land Disposition Agreement, as amended; and

• In recognition of the fact that discussions are continuing regarding both the amount of Housing Trust funds required for gap financing and the timing of the calculation of such amount, and that the parties reserve their rights with regard to such dispute, to provide additional Housing Trust funds if required as a result of negotiation, mediation, litigation or other dispute resolution procedure, provided, however, that the total Housing Trust funds shall not exceed $1,101,972 (including the $667,725 amount set forth above) and provided further that the amount of required Housing Trust funds may be reduced below $667,725 based on calculation of the required amount at project completion; and

• To authorize Jeff Levine, Director of Planning and Community Development, to sign, on behalf of the Town of Brookline, all documentation, approved as to form by In Board of Selectmen June 14, 2011 Page 14 of 16

Town Counsel and/or Special Town Counsel, required with regard to closing the financing for the project.

On motion it was unanimously,

VOTED: Execution of the Deeds for the transfer of Lots, 6, 7, 8 and 10 to Olmsted Hill LLC and Lot 11 to Olmsted Hill Condominiums LLC.

REDISTRICTING

Public comment and vote on the recommendations of the Redistricting Committee on modifying the voting precincts of the Town.

Selectman Benka read an email sent from Mike Merrill, Chou Chou Merrill, and Cam Merrill, of Precinct 14. The email addressed the proposed redistricting of Precinct 14. Their main concern is the proposal to take the Heath School, the east side of Reservoir Road and the west side of Eliot Street out of Precinct 14 and put them into Precinct 13. They are opposed to that, and urged the Selectmen to take a closer look at what might be done to keep this block in Precinct 14. The Heath School and its community of parents and non-parents and the surrounding neighborhoods have been a significant and important part of Precinct 14. Selectman Benka stated that he took a look at that block and inquired if it could be put back into the precinct without requiring movement from other blocks. Town Clerk Patrick Ward confirmed that it could be done. Lee Selwyn TMM#13 and member of the Redistricting Committee also reviewed this, and is comfortable with that move. Chairman DeWitt added that the committee struggled with the balance of the population and the neighborhoods needs.

On motion it was unanimously,

VOTED: that the Board of Selectmen amend the recommendation submitted by the Re-Precincting Committee (Map v.1.3) by accepting the alternate re-precincting plans which involve moving block 4011003016 from Precinct 13 back into Precinct 14.

VOTED: We, the undersigned, hereby certify that at a meeting held on Tuesday, June 14, 2011, the Board of Selectmen for the Town of Brookline, voted to accept, as presented by the 2011 Brookline Re-Precincting Committee (Map v.1.3) and as amended by the Board of Selectmen (Map v.1.3B), the 2011 Re-Precincting Plan (Map v.1.3B), and that we directed the Town Clerk that the legal description of those precinct lines be drawn to match the contour of the precinct designations of the map (v.1.3B) and that block data be prepared for each precinct.

In Board of Selectmen June 14, 2011 Page 15 of 16

FLAG DAY CELEBRATION

Co-Chairs Michael Merrill and Robert Allen, and other members of the of the Flag Day Celebration Committee appeared to update the Board on Flag Day events scheduled for Sunday June 19, 2011.

Michael Merrill and Robert Allen outlined the Flag Day events. The events start at 9:15 a.m. at Cypress Field followed by the Children’s Parade, road races, Flag Day Parade, and carnival. They expect a large crowd this year based on the many inquires received. The Board looks forward to the event and anticipates another successful Flag Day celebration.

SUMMER SCHEDULE

The Board considered the question of approving the following Summer Board meeting schedule:

JULY 12TH JULY 26TH

AUGUST 9TH AUGUST 23RD (IF NECESSARY)

SEPTEMBER 6TH (IF NECESSARY)

SEPTEMBER 13TH

On motion it was unanimously,

VOTED: To approve the following Summer Board meeting schedule:

JULY 12TH JULY 26TH

AUGUST 9TH AUGUST 23RD (IF NECESSARY)

SEPTEMBER 6TH (IF NECESSARY)

SEPTEMBER 13TH In Board of Selectmen June 14, 2011 Page 16 of 16

There being no further business the Chair adjourned the meeting at 9:05 p.m.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date

1. letter to TC from COM 6. materials from BCF 8. memo from Chief Oleary to BOS 9. memo to bos from chief O’leary 10.minutes from 6.7 /copy of by-law 11. copy of quitclaim deed/memo from hab to bos/budget numbers 12.email from mmerrill to bos/email from dbenka to ta/copy of minutes/re-precincting presentation/map 13. Flag day flyer 15. proposed summer schedule 16. june 7 minutes 17.letter to bos fromdpw commissioner/contract coding form/agreement 18. letter to bos from dpw commissioner/letter to EG from DCR/contract copy 19. letter to bos from dpw commissioner/ contract coding form 20. letter to bos from dpw commissioner/ contract coding form 21. letter to bos from dpw commissioner/ contract coding form 22. letter to bos from dpw commissioner/ contract coding form/contract 23. letter to bos from dpw commissioner/ewo/contract amendment approval form 24. memo to bos from CS 25. letter to bos from PD/easement agreement 26. application 27. application 28. application

In Board of Selectmen June 21, 2011 6th Floor hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell and Richard Benka

The Minutes of June 14 were approved as amended

In Board of Selectmen June 21, 2011 Page 2 of 28

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

In Board of Selectmen June 21, 2011 Page 3 of 28

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka

Voting in the Negative: 0

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen June 21, 2011 Page 4 of 28

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

June 22 Public Health forum at the Senior Center June 23 Farmer Market is now open

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

DONATION

The Board considered the question of accepting a donation in the amount of $100 from an anonymous donor to be used for Police Community Services.

Chief O’Leary stated that a truck driver that received assistance from Officer Bradley made an anonymous donation in gratitude to his public service.

On motion it was unanimously,

VOTED: To accept a donation in the amount of $100 from an anonymous donor to be used for Police Community Services.

CONTRACT

The Board considered the question of renewing Contract No. PW/11-01 “Emergency Streetlight and Fire Alarm Services” in the amount of $8,295.00 with Republic ITS for FY 2012. Said contract to be funded from account 42004250 522051.

Pubic Works Commissioner Andy Pappastergion stated that this and the following contracts are annual renewals.

On motion it was unanimously,

VOTED: To renew Contract No. PW/11-01 “Emergency Streetlight and Fire Alarm Services” in the amount of $8,295.00 with Republic ITS for FY 2012. Said contract to be funded from account 42004250 522051.

In Board of Selectmen June 21, 2011 Page 5 of 28

CONTRACT

The Board considered the question of awarding and executing Contract No. PW/12- 4 “Servicing Traffic Signals and Related Work” in the amount of $64,640.00 with Republic ITS., Inc. of Billerica. Said contract to be funded from the following accounts:

42004250 522052 $40,000.00 7995SW29 522052 $24,640.00

On motion it was unanimously,

VOTED: To award and executing Contract No. PW/12-4 “Servicing Traffic Signals and Related Work” in the amount of $64,640.00 with Republic ITS., Inc. of Billerica. Said contract to be funded from the following accounts:

42004250 522052 $40,000.00 7995SW29 522052 $24,640.00

CONTRACT

The Board considered the question of renewing Contract No. PW/10-12 “Containers, Curbside Collection and Processing of Single Street Recycling” in the amount of $856,000.00 with Waste Management of Massachusetts for FY2012. Said contract to be funded from account 40004300 523593

On motion it was unanimously,

VOTED: To renew Contract No. PW/10-12 “Containers, Curbside Collection and Processing of Single Street Recycling” in the amount of $856,000.00 with Waste Management of Massachusetts for FY2012. Said contract to be funded from account 40004300 523593.

CONTRACT

The Board considered the question of renewing Contract No. PW/09-25 “Disposing of Leaves and Related Work” in the amount of $85,295.00 with Lorusso Corporation for FY2012. Said contract to be funded from the following accounts:

40004300 523593 $45,295.00 4991EW40 523593 $40,000.00

On motion it was unanimously,

In Board of Selectmen June 21, 2011 Page 6 of 28

VOTED: To renew Contract No. PW/09-25 “Disposing of Leaves and Related Work” in the amount of $85,295.00 with Lorusso Corporation for FY2012. Said contract to be funded from the following accounts:

40004300 523593 $45,295.00 4991EW40 523593 $40,000.00

CONTRACT

The Board considered the question of renewing Contract No. PW/07-11 “Collection and Processing of Solid Waste” in the amount of $819,432.00 with Whitney Trucking, Inc for FY2012. Said contract to be funded from account 40004300 523593.

On motion it was unanimously,

VOTED: To renew Contract No. PW/07-11 “Collection and Processing of Solid Waste” in the amount of $88.00 per ton, up to $819,432.00 with Whitney Trucking, Inc for FY2012. Said contract to be funded from account 40004300 523593.

CONTRACT

The Board considered the question of awarding and executing Contract No. PW/12- 03 “Pavement Markings” in the amount of $69,622.00 with Markings Inc. of Rockland. Said contract to be funded from account 42004250 523596.

On motion it was unanimously,

VOTED: To award and execute Contract No. PW/12-03 “Pavement Markings” in the amount of $69,622.00 with Markings Inc. of Rockland. Said contract to be funded from account 42004250 523596.

CONTRACT

The Board considered the question of awarding and executing Contract No. PW/12- 02 “Skyline Park and General Maintenance” in the amount of $50,550.00 with Park and Landscape Associates, Inc., of Roslindale. Said contract to be funded from the following accounts:

46004650 523599 $42,300.00 4995SW52 6C0007 $ 8,250.00

In Board of Selectmen June 21, 2011 Page 7 of 28

VOTED: To award and execute Contract No. PW/12-02 “Skyline Park and General Maintenance” in the amount of $50,550.00 with Park and Landscape Associates, Inc., of Roslindale. Said contract to be funded from the following accounts:

46004650 523599 $42,300.00 4995SW52 6C0007 $ 8,250.00

PROPRIETARY VOTES

The Board considered the question of approving the following proprietary votes in connection with the Heath School Project:

Key Card – GE Facility Commander Door Hardware – Schlage Fire Alarm/Notifier System Energy Management Systems – Johnson Controls

Owner Project Manager Ray Masak stated that these items are project specific, and standardized for the Heath School project.

On motion it was unanimously,

VOTED: To approve the following proprietary votes in connection with the Heath School Project:

Key Card – GE Facility Commander Door Hardware – Schlage Fire Alarm/Notifier System Energy Management Systems – Johnson Controls

CONTRACT

The Board considered the question of approving and executing a Contract for Asbestos Abatement in connection with the Heath School Additions and Renovations Project in the amount of $22,392.00 with New England Surface Maintenance. Said contract to be funded from account 2594 C168 6C0002.

In Board of Selectmen June 21, 2011 Page 8 of 28

Owner Project Manager Ray Masak stated that this contract is within budget and ready to start.

On motion it was unanimously,

VOTED: To approve and execute a Contract for Asbestos Abatement in connection with the Heath School Additions and Renovations Project in the amount of $22,392.00 with New England Surface Maintenance. Said contract to be funded from account 2594 C168 6C0002.

CONTRACT AMENDMENT

The Board considered the question of approving and executing Contract Amendment #2 in the amount of $579,957.00 for work to be completed by Miller Dyer Spears in connection with the Heath School Additions and Renovations Project. Said amendment to be funded from account 2594C168 524003.

Owner Project Manager Ray Masak stated that the contractor has been working on good faith without a contract since February. This contract will take the project through completion.

On motion it was unanimously,

VOTED: To approve and execute Contract Amendment #2 in the amount of $579,957.00 for work to be completed by Miller Dyer Spears in connection with the Heath School Additions and Renovations Project. Said amendment to be funded from account 2594C168 524003.

CDBG CONTRACT EXTENSIONS

The Board considered the question of approving the following CDBG Contract extensions:

FY2010 Col. Floyd Façade Improvements 1807G010 6C0036

FY2011 BHA Veterans Capital Needs Project 1807G011 6C0041

Brookline Community Mental Health Center FY2011 Facilities Project In Board of Selectmen June 21, 2011 Page 9 of 28

Assistant Planning and Community Development Director Joe Viola stated that the first two items are capital facilities projects, both projects are underway and due to be completed in late 2011. The BCMHC’s contract ran out and is requesting an extension.

Selectman Daly added that sometimes the delay is due to the excessive paperwork required for CDBG projects. This leads to an extension request.

On motion it was unanimously,

VOTED: To approve the following CDBG Contract extensions:

FY2010 Col. Floyd Façade Improvements 1807G010 6C0036

FY2011 BHA Veterans Capital Needs Project 1807G011 6C0041

Brookline Community Mental Health Center FY2011 Facilities Project

TRANSFER

The Board considered the question of approving the following transfer of CDBG-R Funds: From: Roberts Street $9,400.00 4995SG49 6H0029

To: Next Steps $9,400.00 1720SG49 558040

Assistant Planning and Community Development Director Joe Viola stated that the Roberts Street Project is completed with funds left over in the account. This transfer would move the remaining funds to the Next Steps Contract where it would assist in education, training and career services.

On motion it was unanimously,

VOTED: To approve the following transfer of CDBG-R Funds:

From: Roberts Street $9,400.00 4995SG49 6H0029

To: Next Steps $9,400.00 1720SG49 558040 In Board of Selectmen June 21, 2011 Page 10 of 28

CONTRACT AMENDMENT

The Board considered the question of approving and authorizing an amendment in the amount of $64,500.00 to the CDBG-R Next Steps Contract. Said amendment to be funded from account 1720SG49 558040.

On motion it was unanimously,

VOTED: To approve and authorize an amendment in the amount of $64,500.00 to the CDBG-R Next Steps Contract. Said amendment to be funded from account 1720SG49 558040.

PERMIT TO SERVE ALCOHOLIC BEVERAGES ON TOWN PROPERTY (NON- SALE)

The Board considered the question of granting a Permit to serve Alcoholic Beverages on Town Property (non-sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

June 23, 2011 Reception 7pm-11pm

June 26, 2011 65th Birthday Party 5pm-11pm

On motion it was unanimously,

VOTED: To grant a Permit to serve Alcoholic Beverages on Town Property (non- sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

June 23, 2011 Reception 7pm-11pm

June 26, 2011 65th Birthday Party 5pm-11pm

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting a temporary All Kinds of Alcoholic Beverages license to Pine Manor College in connection with a Wedding to be held on June 25, 2011 from 5pm -11pm at 400 Heath Street. In Board of Selectmen June 21, 2011 Page 11 of 28

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic Beverages license to Pine Manor College in connection with a Wedding to be held on June 25, 2011 from 5pm -11pm at 400 Heath Street.

ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting a temporary All Kinds of Alcoholic Beverages license to Pine Manor College in connection with a League of Women Voters Dinner to held on June 27, 2011 from 5:00 p.m. – 9:00 p.m. at 400 Heath Street.

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic Beverages license to Pine Manor College in connection with a League of Women Voters Dinner to held on June 27, 2011 from 5:00 p.m. – 9:00 p.m. at 400 Heath Street.

RECREATION PERSONNEL

The Board considered the question of authorizing the filling of the following vacancies in the Recreation Department:

Recreation Leader (GN-7) Environmental Educator & Outreach (GN-7)

Director of Recreation Lisa Paradis stated that the Environmental Educator and Outreach position has became available due to a resignation to take a similar position closer to home, and the Recreation Leader position is due to long-time employee Barbara Tynan’s retirement. Ms. Paradis made note of Ms. Tynan’s 42 year career with the Recreation Department.

The Board acknowledged MS. Tynan’s retirement and impressive career with the Recreation Department.

On motion it was unanimously,

VOTED: To authorize the filling the following vacancies in the Recreation Department:

Recreation Leader (GN-7) Environmental Educator & Outreach (GN-7)

In Board of Selectmen June 21, 2011 Page 12 of 28

ANNUAL APPOINTMENTS The Board considered the question of making annual appointments, as recommended by the Town Administrator, of department heads, administrators and other officials and employees and of setting the salaries therefore effective July 1, 2011.

Town Administrator Mel Kleckner stated that he is recommending the reappointment of department heads and senior management personnel. Town Counsel is also up for reappointment. Mr. Kleckner added that he is pleased with the caliber of the Town’s department heads and senior management personnel. He also recommended a 1.5% general wage adjustment for non-union personnel which is consistent with the union personnel, and has been budgeted for.

Selectman Daly agreed. She noted that Brookline is in better shape than surrounding communities.

On motion it was unanimously,

VOTED: To approve the annual appointments of the Department Heads and other personnel for July 1, 2011 through June 30, 2012 as recommended by the Town Administrator.

VOTED: To approve wage adjustments of 1.5% on July 2011 for positions on the Department Heads Pay Plan, Mid-Management Professional/Technical Pay Plan and for other non-union, non-seasonal non-temporary positions.

VOTED: To approve the reappointment of Town Counsel Jennifer Dopazo Gilbert for a three year term from July 1, 2011 through June 30, 2014.

CDBG BUDGET

The Board considered the question of approving and forwarding to the U.S. Department of Housing and Urban Development an updated funding recommendation as part of the Town’s One Year Action Plan for CDBG funds, reflecting the revised funding level for the Town of $1,469,407.

Director of Planning and Community Development Jeff Levine stated that the CDBG funding amounts have come in. The amount is $308,000 (17%) less than the initial budget that the Board adopted. The Planning Department will send an adjusted budget to the CDBG. He added that there will be no reduction in staff time; they will continue to keep part-time positions vacant. The Director of Council on Aging requested the following reallocation of funds.

In Board of Selectmen June 21, 2011 Page 13 of 28

Program Staff Recommendation COA Revised Request HELP-coa $ 9,930.00 $ 5,000.00

JOBS-coa $ 12,640.00 $ 12,640.00

BETS-coa $ 29,770.00 $ 34,700.00

TOTAL $ 52,340.00 $ 52,340.00

Selectman Daly stated that she has contacted the recipients that account for most of the programs, and although the dollar amounts do not seem that great, they are substantial to the non-profits. She has asked the Town Administrator for some Town assistance for some of these important community programs. Selectman Mermell added that this is a big challenge for the non-profit community. Many non-profits are facing CDBG funding cuts; any assistance would do a great deal of help.

Selectman Benka noted that the budget reflects a 40% allocation to staff administrative and program management time. This may not be sustainable particularly as CDBG funding is cut and we would have to look at that. We should put as much funding as we can into the actual programs that directly benefit low-income individuals.

On motion it was unanimously,

VOTED: To approve and forward to the U.S. Department of Housing and Urban Development an updated funding recommendation as part of the Town’s One Year Action Plan for CDBG funds, reflecting the revised funding level for the Town of $1,469,407, and to include the revised budget for the Council on Aging.

RESERVE FUND TRANSFER

The Board considered the question of approving and transmitting to the Advisory Committee the request of Public Works Commissioner Andrew Pappastergion for a Reserve Fund Transfer in the amount of $32,000.00 for vehicle fuel.

Assistant Town Administrator Melissa Goff stated that this transfer will allow the DPW to top off the tanks for gasoline and diesel fuel, taking advantage of the current fuel prices.

On motion it was unanimously,

In Board of Selectmen June 21, 2011 Page 14 of 28

VOTED: To approve and transmit to the Advisory Committee the request of Public Works Commissioner Andrew Pappastergion for a Reserve Fund Transfer in the amount of $32,000.00 for vehicle fuel.

WATER AND SEWER

Public Hearing to discuss and possible vote on the setting of the FY2012 Water and Sewer Rates including the consultant’s recommendation regarding a change to the rate structure.

Commissioner of the Department of Public Works Andy Pappastergion made the following presentation:

Water and Sewer Rate Study

Town of Brookline Department of Public Works

June 2011

In Board of Selectmen June 21, 2011 Page 15 of 28

Issues & Concerns

„ Decreasing water consumption

‰ Water usage nation-wide has been decreasing steadily

‰ Low Flow Fixtures, Conservation „ Decreasing revenue

‰ Loss of sales yields revenue deficits

‰ Deficits must be made up in following fiscal year „ Revenue volatility

‰ Weather dependent

‰ Varying Consumption „ Allocation of cost not equitable

‰ Large users not paying fair share of capital costs of system

‰ System capacity for Fire Service should be paid by users

In Board of Selectmen June 21, 2011 Page 16 of 28

New Rate Structure Goals

„ Minimize revenue volatility „ Equitable cost distribution among customers „ Initiate ascending block rate (DEP Recommendation) „ Charge for public building and irrigation use „ Institute Fire Service Charge „ Fair charges for irrigation water use „ Increase Fund Liquidity

Base Charge Structure

„ Based on water meter size „ Irrigation base charge $20/year ‰ Covers periodic meter replacement cost only ‰ Operating and Debt costs included in Base Charge for Primary Meter

Meter Size (inch) Base Charge # Users 5/8 $200 5,986 3/4 $240 1,129 1 $320 1,049 1-1/2 $480 445 2 $640 186 3 $960 42 4 $1,280 24

In Board of Selectmen June 21, 2011 Page 17 of 28

Base Charge Structure

„ Typical residential customer $200/year for water and sewer

‰ Base charge will generate $2.35 million

‰ Covers 31% of fixed operating and debt cost

‰ At 100% recovery, residential base charge would be $640 for 5/8 inch meter „ Billed quarterly „ Used by 62% of MWRA communities

New Revenue Sources for FY 2012

„ Public buildings and irrigation ($400,000)

‰ Public uses billed at same rates as residential and commercial „ Fire service capacity charge, based on fire service size ($225,000)

In Board of Selectmen June 21, 2011 Page 18 of 28

FY 2012 Rates (Quarterly)

0 – 8 > 8 (hcf) (hcf)

Water $1.50 $4.86

Sewer $3.50 $7.04

FY 2012 Rates

Rates (Usage > 8 hcf): „ Water - $4.86 (1.9% decrease) „ Sewer - $7.04 (2.8% increase)

„ Rates without changes:

‰ Water $4.95 to $5.00 (1.0% increase)

‰ Sewer $6.85 to $7.15 (4.4% increase)

‰ 3% combined Increase

In Board of Selectmen June 21, 2011 Page 19 of 28

Rate Structure Impact

„ 68% of all users (5/8 inch meter) will see an average decrease of $30 annually „ Remainder will see an annual increase based on meter size

‰ ¾ inch meter (1,127 users) will see an average annual increase of $7

‰ 3 inch meter (41 users) will see an average annual increase of $511

Comparison of Rate Impacts

Quarterly Quarterly Charge/Unit Single Family

Meter FY12 Flat FY12 Size # Units Usage hcf/Unit Rate Proposed @ same hcf/unit

Average Single Family Home 5/8" 1 30 30 363.00 351.80

44 - 50 Browne Street 2" 25 195 8 94.38 97.00 90.00

135 Pleasant Street 1 1/2" 64 1268 20 239.64 236.68 232.80

20 Chapel Street 4" 235 2100 9 108.12 107.46 101.90

In Board of Selectmen June 21, 2011 Page 20 of 28

FY 2012 Rate Summary

QUARTERLY RATES BASE RATES FIRE SERVICE Meter Size Water Sewer Size Charge 5/8" 25.00 25.00 1" 5.00 3/4" 30.00 30.00 1 1/2" 12.00 1" 40.00 40.00 2" 20.00 1 1/2" 60.00 60.00 3" 45.00 2" 80.00 80.00 4" 80.00 3" 120.00 120.00 6" 180.00 4" 160.00 160.00 8" 320.00 Irrigation 5.00 10" 500.00 BLOCK RATES Use Water Sewer Block 1 0 - 8 hcf 1.50 3.50 Block 2 9 + hcf 4.86 7.04 Irrigation All hcf 4.86

Chairman DeWitt took Public Comment.

Tommy Vitolo, 20 Chapel Street thanked the Commissioner for the presentation, but is less than thrilled with the proposal. He feels that apartment buildings are not being treated equally because they are being charged on the meter size and not per household. He also feels that the fire plugs around the single family homes are paid for by the Town, but the same protection in larger buildings will be charged to them. The solution would be to divide the number of usage by the number of households, and any excess of the 8 hcf should then be paid at the higher rate. The rate structure should reflect that if you use more water you should pay more, if you use less you should not pay the same as one that uses more. He recognizes that 20 Chapel Street would cost more for the infrastructure, but not 20 times more.

Lee Selwyn TMM#13 professionally is involved in public utilities rates. He stated that there seems to be a misunderstanding. The utility policy is a demand charge to account for the volume of demand per unit of time, not a charge for the meter. Brookline buys water from the MWRA, the service that the town provides is delivery not volume. The principal here is sound, but his concern is that the demand charge is sealed to the size of the pipe. If this were a true demand based charge the larger pipes are being under charged, and the In Board of Selectmen June 21, 2011 Page 21 of 28 smaller ones are overcharged. Mr. Vitolo is correct in that the multi unit buildings get one bill and the costs shift to the entire building. The concept of a demand charge is good, and needs to be explored. He feels that the existing rate structure should continue until more study is done.

Linda Olson Pehlke lives at one of the buildings referenced. She thanked the Commissioner, but noted an error in her building status. She stated that the cost will go up substantially in her building even though it is separated by two pipes, and one side consumes more water, all the owners will see a significant increase. She wondered what would happen to the Housing Authority properties. The multifamily buildings are being punished; the usage should be divided by the number of households. She hopes this vote is postponed and reviewed.

Mark Hooper, a Winthrop Road property owner stated that it is a paradox that the regulators are talking that decreased usage equals increased rates. Consumers are being directed to low flow products and to conserve water which is a good thing. However, we do need to pay for the infrastructure. Also, the residents need better tools to review their water consumption. The City of Boston has an online program that allows resident to review their consumption.

Selectman Benka stated that in an effort to move towards a capacity charge to fairly allocate costs, the consultant and the committee made an effort to prevent rate shock. They tried to create a structure that would not significantly hurt any consumer group and thus would not move all the way to full cost recovery. The step rate protects low users to some extent. While there was an effort to protect low-use single-family households from rate shock, there is also a benefit to multi-family buildings. For example, the full recovery cost for the capacity demand of a 4” meter based on flow rate would be 60 times higher, not the recommended 6 times higher, than a single-family unit with a 5/8” meter. The bottom line is that the difference between the proposed rate structure and the existing one is trivial. The introduction of a base rate is consistent with the fact that consumption may drop, but the cost to maintain the system does not drop.

Chairman DeWitt asked if the Town has the ability to view consumption levels online. Commissioner Pappastergion replied that is the next step. Right now if a particular account indicates unusual usage they notify the property owner and research it.

Selectman Daly asked if larger pipes have more flow that does not get counted. Mr. Pappastergion replied that large service pipes need to pick up a large amount of flow, and meters need to have range. If a meter is improperly sized in a building, it could be an issue. He added that everyone has to pay their share of the infrastructure costs.

Selectman Benka reiterated that if a full recovery system were in place multi unit buildings like Chapel Street would be paying a much higher base charge.

Chairman DeWitt stated that they would take some time to review the comments. In Board of Selectmen June 21, 2011 Page 22 of 28

There was no vote on this agenda item.

COMMON VICTUALLER – OUTSIDE SEATING

The Board considered the question of approving the application of Jimmy’s, James Hamelburg, Owner, holder of an All Kinds of Alcoholic Beverages license as a Common Victualler at 1653 Beacon Street for outside seating for 16 (4 tables with 4 chairs).

On motion it was unanimously,

VOTED: To approve the application of Jimmy’s, James Hamelburg, Owner, holder of an All Kinds of Alcoholic Beverages license as a Common Victualler at 1653 Beacon Street for outside seating for 16 (4 tables with 4 chairs).

COMMON VICTUALLER – OUTSIDE SEATING

The Board considered the question of approving the application of Zenna Management, LLC, d/b/a Zenna Noodle Bar, Tien Truong, Owner, holder of a Wine and Malt beverages license as a Common Victualler at 1374 Beacon Street, for outside seating for 6 (3 tables, with 2 chairs).

On motion it was unanimously,

VOTED: To approve the application of Zenna Management, LLC, d/b/a Zenna Noodle Bar, Tien Truong, Owner, holder of a Wine and Malt beverages license as a Common Victualler at 1374 Beacon Street, for outside seating for 6 (3 tables, with 2 chairs).

FOOD VENDOR – INCREASE IN HOURS

The Board considered the question of approving the application of Third Slice Brookline, LLC., d/b/a Naked Pizza, Jeff Charloff, Partner holder of a Food Vendor License at 1331 Beacon Street for an increase in hours as follows:

From: Sun-Sat 10:30 a.m.-11pm

To: Sun-Thurs 10:30 a.m.-11pm Fri-Sat 10:30 a.m.-12M

On motion it was unanimously,

In Board of Selectmen June 21, 2011 Page 23 of 28

VOTED: To approve the application of Third Slice Brookline, LLC., d/b/a Naked Pizza, Jeff Charloff, Partner holder of a Food Vendor License at 1331 Beacon Street for an increase in hours as follows:

From: Sun-Sat 10:30 a.m.-11pm

To: Sun-Thurs 10:30 a.m.-11pm Fri-Sat 10:30 a.m.-12M

FOOD VENDOR LICENSE

The Board considered the question of approving the application of Chang Oing, Inc. d/b/a Kamiza Restaurant, Ziao Qing Ma, Owner, for a Food Vendor license at 696 Washington Street.

Attorney Meihuei Hu stated that the applicant would like the hours to be Friday through Saturday 11am to 2am, and Sunday through Thursday 11am to 11pm.

The Board discussed the 2am closing hours and the operation of the delivery vehicle at that hour. There have been some complaints about delivery vehicles at late hours. It was mentioned that this area has a high foot traffic which would be more of a disturbance. Chairman DeWitt stated that the Licensing Committee is looking at late night hours and their recommendations will be reviewed before the annual license renewals.

On motion it was unanimously,

VOTED: To approve the application of Chang Oing, Inc. d/b/a Kamiza Restaurant, Ziao Qing Ma, Owner, for a Food Vendor license at 696 Washington Street with the hours as requested.

POLICE PERSONNEL

The Board considered the question of appointing the following recruits as Police Officers effective June 21, 2011:

Raymond W. Richards Boris Vragovic

Chief O’Leary stated that these two candidates have completed the Boston Police Academy on June 16, 2011. Both the instructors and classmates indicated to him that they were well respected in the academy.

In Board of Selectmen June 21, 2011 Page 24 of 28

The Board congratulated the candidates and wished them a long and healthy career, and acknowledged their impressive military service.

On motion it was unanimously,

VOTED: To appoint the following recruits as Police Officers effective June 21, 2011:

Raymond W. Richards Boris Vragovic

Assistant Town Clerk Linda Golbourgh had sworn them in.

AUTOMATED LICENSE PLATE READER GRANT

The Board considered the question of accepting a grant in the amount of $20,460 from the Executive Office of Public Safety and Security’s Highway Safety Division for the purchase on Automated License Plate Reader (ALPR) and adopting a Policy for the operation thereof….

Chief O’Leary stated that he spoke about this last week, this technology will provide officers more tools to do business. It is one of the fastest growing automated ALPR that will assist in public safety and traffic enforcement. The Department applied for a grant, and was one of 22 communities to receive it. The system is attached to a vehicle and captures license plate numbers which are then compared to a list in a database searching for a hit. It just scans the plate; it does not identify the driver. They would then have to independently process the number to verify cause before making a stop. There is a draft policy in place that incorporates some critical areas that the ACLU wanted to be looked at. Some of the uses would be: In Board of Selectmen June 21, 2011 Page 25 of 28

1. Input our tow and hold list vehicle data for vehicles that owe outstanding parking tickets. This would include both in-state and out of state registered vehicles.

2. Input data that will assist us in managing the Town’s parking plan. For example, we would need to purchase an additional program to add to this ALPR that would allow us to input the vehicles from the Town’s residential parking permit system. This information would then be compared with vehicles parked on a particular street for more than two hours. The system would then identify for officers which vehicles are in violation.

3. Identify wanted/stolen vehicles operating or parked on our roadways.

4. Identify unregistered and /or uninsured motor vehicles as well as vehicles with suspended or revoked registrations.

5. Identify vehicles wanted in crimes or whose owners are wanted and operate a particular vehicle.

6. Assist in identifying suspects involved in criminal activities in Brookline.

7. Enforce some court orders.

Chairman DeWitt stated that the Board recognizes there are questions and concerns on this, and there will be a Public Hearing on July 12th. The Board has a draft policy that is a working draft that is being reviewed. We are investigating the technology and data uses.

Kade Crockford , representing the ACLU of Massachusetts stated that this technology could be implemented in a way that will be a benefit. The key piece is the retention policy. Contingent upon the grant is that all captured data is to be sent to the State who will share it with other agencies. The concern is once the data gets out there it is out there, and out of Brookline’s hands. Another concern is that the State does not currently have a policy on the data. Selectman Benka replied that they are aware of this issue, which is why the vote is being delayed.

Frank Farlow, Brookline PAX stated that this issues is becoming increasingly unclear. Homeland Security seems to produce massive surveillance programs to serve the interest of Brookline residents. They are gradually making surveillance resources that would be incorporated into everyday policy. It is not free to cities and towns, the grants have conditions, and we do have a choice not to receive them. First, there were the surveillance cameras that brought concern about reading license plates, which was reported that they would not, now we are here. Where will it end.

In Board of Selectmen June 21, 2011 Page 26 of 28

Clint Richmond noted the high quality of the police force, but feels that the free surveillance equipment is bullying. A lot of the benefits are not in dispute, but there is no cost benefit analysis. This is an extremely powerful camera and imaging system. The “hot lists” contains millions of records. If the grant is approved, the policy could never be strong enough to contain all the concerns. It is a wide casting net, and we are becoming local agents.

Selectman Daly asked stated that they will explore the need to share data that was not on the “list”. Why can’t the data that is not a hit be dumped automatically?

Arthur Conquest TMM#6 would like the Public Hearing noticed, and the Town Meeting list notified. He noted that he did not know about this important issue, and has received no documents to review.

Selectman Daly replied that the Board has some concerns on the draft policy. Chairman DeWitt added that the draft cannot be treated as a policy until it has been approved. The Hearing will be posted as required, and the Town Meeting list will be notified. The Chief can re-file the application, which will give us more time to review the issues.

BOARDS AND COMMISSIONS

The Board considered the question of making appointments to the following Boards and Commissions:

Planning Board Women’s Commission

Planning Board

On motion it was unanimously,

VOTED: to reappoint Steven Heikin to the Planning Board for a term ending August 31, 2015 or until a successor can be appointed.

VOTED: to appoint Ashling Fingleton to the Planning Board for a term ending August 31, 2012.

Women’s Commission

On motion it was unanimously,

VOTED: to appoint Eliza Blanchard to the Women’s Commission for a term ending August 31, 2012 or until a successor can be appointed. In Board of Selectmen June 21, 2011 Page 27 of 28

VOTED: to appoint Aimee Tallarico to the Women’s Commission for a term ending August 31, 2014 or until a successor can be appointed.

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting In Board of Selectmen June 21, 2011 Page 28 of 28

will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Voting in the Negative: 0

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen June 28, 2011 6 p.m 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell, Richard Benka and Kenneth Goldstein

The Minutes of June 21, were approved as amended (Selectman Goldstein abstained)

In Board of Selectmen June 28, 2011 Page 2 of 22

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

Town Hall will be closed on Monday July 4th. The Selectmen will be on a summer schedule, the next meeting is July12th. There will be a Task Force set up to review multi-space meters

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment

TOWN VEHICLES

The Board considered the question of authorizing employees who are assigned vehicles for work related purposes to use their assigned vehicles for commuting purposes during the reconstruction of the Town Hall garages.

Town Administrator Mel Kleckner stated that this is the second phase of the Pierce School Amphitheater project which will restrict parking in the Town Hall garage. This was done last summer in the first phase of construction. The use of the Pierce School lot is helpful during the summer months, and this authorization will help if it is needed. The employees will sign agreements outlining the details and the temporary use of the vehicles.

On motion, it was unanimously,

VOTED: To authorize the Building Commissioner and the Commissioner of the DPW to permit 9 Building Inspectors and 5 Engineers to take home town-owned vehicles subject to the existing vehicle policy and only for the purpose of freeing up employee parking during the period of reconstruction of the parking garage adjacent to Town Hall and for no longer.

CONSERVATION RESTRICTION

The Board considered the question of approving a Conservation Restriction for the property located at 57 Laurel Road as recommended by the Conservation Commission.

Conservation Administrator Tom Brady stated that that the owners of this property have agreed to a Conservation Restriction for the back portion lot of the parcel. The area is approximately 12,700 square feet, and is unbuildable. The purpose of this Conservation In Board of Selectmen June 28, 2011 Page 3 of 22

Restriction is to ensure that the restricted area will be maintained in its current condition in perpetuity and exclusively for conservation purposes.

On motion it was unanimously,

VOTED: To approve a Conservation Restriction for the property located at 57 Laurel Road as recommended by the Conservation Commission.

FAÇADE LOAN

The Board considered the question of approving and executing a “Façade Loan” to Daoud Tayeh of Olea Café.

Commercial Area Coordinator Marge Amster stated that this loan agreement is designed for business owners to make improvements to their storefronts. The program is offered through the Economic Development Division of the Planning and Community Development Department. Ms. Tayeh, owner of Olea Café stated that the loan would allow purchase of an awning and air curtain.

On motion it was unanimously,

VOTED: To approve and execute a “Façade Loan” with Daoud Tayeh of Olea Café.

BAA GIFT FUND

The Board considered the question of authorizing $28,609 from the BAA Gift Fund to support public services previously funded through the CDBG program.

Chairman DeWitt stated that the Board had requested the Town Administrator to review available funds to help mitigate some of the CDBG cuts. This is a onetime transaction to be used for a specific service. The Town Administrator recommended using the BAA (Boston Athletic Association) funding account. The BAA provides funds in the hopes that they will be allocated to youth and community programs. Selectman Daly stated that the CDBG Committee was told to assume level funding, but late in the process the funding cuts came in. This would be a one-time deal to help important community programs. Chairman DeWitt added that this is not a good time for public service funding, and the Town is able to pick up only a portion of the lost funding. Selectman Benka thanked Mr. Kleckner and Selectman Daly for reviewing this. He noted that only 15% of CDBG funds could be allocated to public service type programs, which makes it difficult to support the intent behind the CDBG program by directly aiding low-income individuals. Selectman Goldstein hopes that the public will rally to support CDBG funded programs that are so important to communities everywhere.

On motion it was unanimously,

In Board of Selectmen June 28, 2011 Page 4 of 22

VOTED: That the Board of Selectmen authorize the expenditure of $28,609 from the BAA Gift Fund to mitigate the impact of budget reductions in public services funded by the CDBG program in Fiscal Year 2012 in the amounts and purposes stated in the memorandum from Selectman Nancy Daly dated June 24, 2011, with the understanding that such funding is intended to be limited to Fiscal Year 2012 only and with the condition that funding agreements with private non-profit agencies be executed if deemed necessary by Town Counsel.

CONTRACT

The Board considered the question of approving and executing a contract in the amount of $35,000.00 with CBI Consulting, Inc., of Boston in connection with the design of roofing work at the Old Lincoln School and Fire Stations #s 1, 5 and 7. Said contract to be funded from account 2510K047 6B0105.

Project Administrator Tony Guigli stated that this is for the roof work at the Old Lincoln School and three Fire Stations.

On motion it was unanimously,

VOTED: To approve and execute a contract in the amount of $35,000.00 with CBI Consulting, Inc., of Boston in connection with the design of roofing work at the Old Lincoln School and Fire Stations #s 1, 5 and 7. Said contract to be funded from account 2510K047 6B0105.

CONTRACT

The Board considered the question of approving and executing a contract with McMusa LLC of Burlington in the amount of $947,488.00 in connection with the Repair and Improvements to the Pierce School Amphitheater (Town Hall Garages, Repairs, Phase 2). Said contract to be funded from the following accounts:

2511K046 6B0079 $827,334.62 2594C164 6B0079 $120,153.38

Project Administrator Tony Guigli stated this amount includes all three alternates. There were seven bids and McMusa LLC, was the low responsible bidder. After this phase, there will be one remaining phase for the project.

On motion it was unanimously,

VOTED: To approve and execute a contract with McMusa, LLC of Burlington in the amount of $947,488.00 in connection with the Repair and Improvements to the Pierce School Amphitheater (Town Hall Garages, Repairs, Phase 2). Said contract to be funded from the following accounts: In Board of Selectmen June 28, 2011 Page 5 of 22

2511K046 6B0079 $827,334.62 2594C164 6B0079 $120,153.38

CHANGE ORDERS

The Board considered the question of approving the following Change Orders in connection with the Renovations and Additions to the John D. Runkle School. Said change orders to be funded from account 2594C165 6C0002:

G&R Construction $ 44,811.00 Change Order #4 Demolition, Dig test Pits HVAC

G&R Construction $ 44,612.00 Change Order #5 Excavate, Remove Construction Debris

Project Administrator Tony Guigli stated that when the excavation started, the contractor found some foundation walls and construction debris at the site. This needs to be removed and filled in.

On motion it was unanimously,

VOTED: To approve the following Change Orders in connection with the Renovations and Additions to the John D. Runkle School. Said change orders to be funded from account 2594C165 6C0002: G&R Construction Change Order #4 $ 44,811.00 Demolition, Dig test Pits HVAC

G&R Construction $ 44,612.00 Change Order #5 Excavate, Remove Construction Debris

EXTENSION OF HOURS

The Board considered the question of approving the request of Grill on the Green, Inc. d/b/a Grill on the Green holder of a Wine and Malt beverages license at 1281 West Roxbury Parkway for an extension of hours on July 16, 2011 from 11pm to 11:30 p.m. In Board of Selectmen June 28, 2011 Page 6 of 22

On motion it was unanimously,

VOTED: To approve the request of Grill on the Green, Inc. d/b/a Grill on the Green holder of a Wine and Malt beverages license at 1281 West Roxbury Parkway for an extension of hours on July 16, 2011 from 11pm to 11:30 p.m.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to the Senior Center in connection with a B-CAN Reception to be held on July 27, 2011 from 5pm-7pm at 93 Winchester Street.

Director of Council on Aging Ruthann Dobek invited the Board to this event to acknowledge the volunteers in connection with the B-CAN program.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to the Senior Center in connection with a B-CAN Reception to be held on July 27, 2011 from 5pm-7pm at 93 Winchester Street.

TEMPORARY WINE AND MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine and Malt beverages license to the College of Fine Arts in connection with a Reception/Exhibition to be held on July 15, 2011 from 6pm-9pm at 808 Commonwealth Avenue.

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages license to the College of Fine Arts in connection with a Reception/Exhibition to be held on July 15, 2011 from 6pm- 9pm at 808 Commonwealth Avenue.

PERMIT TO SERVE ALCOHOLIC BEVERAGES (NO-SALES)

The Board considered the question of granting a Permit to serve Alcoholic Beverages (no-sales) to Larz Anderson Auto Museum in connection with the following events to take place at 15 Newton Street:

Wedding July 1st 5:30-11pm

Wedding July 2nd 5:30-11pm In Board of Selectmen June 28, 2011 Page 7 of 22

Wedding July 9th 6-11pm

On motion it was unanimously,

VOTED: To grant a Permit to serve Alcoholic Beverages (no-sales) to Larz Anderson Auto Museum in connection with the following events to take place at 15 Newton Street: Wedding July 1st 5:30-11pm

Wedding July 2nd 5:30-11pm

Wedding July 9th 6-11pm

TRANSFER

The Board considered the question of approving the following transfer within the Health Department appropriation:

From: 51005110 510101 $1,500.00 Perm FT To: 51005110 561011 $1,500.00 Natural Gas

Assistant Town Administrator Melissa Goff stated that this is a year-end transfer for outstanding and incoming invoices.

On motion it was unanimously,

VOTED: To approve the following transfer within the Health Department appropriation: From: 51005110 510101 $1,500.00 Perm FT To: 51005110 561011 $1,500.00 Natural Gas

TRANSFER

The Board considered the question of approving the following transfer within the Public Works Department appropriation:

In Board of Selectmen June 28, 2011 Page 8 of 22

From: 42004250 532020 $3,000.00 Parking Meter Supplies To: 42004250 528010 $3,000.00 Bank Service Charges

On motion it was unanimously,

VOTED: To approve the following transfer within the Public Works Department appropriation: From: 42004250 532020 $3,000.00 Parking Meter Supplies To: 42004250 528010 $3,000.00 Bank Service Charges

EXTRA WORK ORDER

The Board considered the question of approving Extra Work Order No. 1 in the amount of $8,019.99 for work to be performed by Markings, Inc. in connection with Contract No. PW/11-18 “Pavement Markings”. Said work order to be funded from account 42004250 523596.

Commissioner Andy Pappastergion stated that there are some extra funds available in this account, and they are trying to catch up on some work that was delayed because of wet weather.

On motion it was unanimously,

VOTED: To approve Extra Work Order No. 1 in the amount of $8,019.99 for work to be performed by Markings, Inc. in connection with Contract No. PW/11-18 “Pavement Markings”. Said work order to be funded from account 42004250 523596.

PILOT POLICY

The Board considered the question of adopting changes to the Town’s PILOT Policy.

Director of Finance Stephen Cirillo stated that this is mostly clarification changes to the current policy as recommended by the Brookline Community Foundation. The unintended consequence of the original wording is that as the property value increases, those community based non-profit organizations could be shifted to a higher target due to inflation. The corrective language established the $5 million figure based upon FY2007 dollars and increase the amount by 2.5% per year.

On motion it was unanimously, In Board of Selectmen June 28, 2011 Page 9 of 22

VOTED: To adopt changes to the Town’s PILOT Policy as recommended.

FISCAL POLICY REVIEW COMMITTEE RECOMMENDATIONS

The Board considered the question of adopting the recommendations of the Fiscal Policy Review Committee.

Town Administrator Mel Kleckner presented the final report and recommendation to modify the current fiscal policy as submitted by the Committee. Some of the recommendations include retaining an adequate fund balance, the allocation of Free Cash, a policy on long-term funding of financial liabilities (OPEB’S), and the modification of the formula to allocate Free Cash if available, to the Affordable Housing Trust Fund.

Chairman DeWitt outlined the past override allocations, which will remain as voted.

On motion it was unanimously,

VOTED: To adopt the recommendations of the Fiscal Policy Review Committee dated June 27, 2011.

GRANT OF LOCATIONS

Public hearing on the petition of NStar Electric Company for permission to construct, and a location for, such a line of conduits and manholes with the necessary cables therein under the following public way:

Chatham Street – Northeasterly at Chatham Circle a distance of 198 feet – conduit. Install one (1) new manhole.

Chatham Circle – Northerly at Chatham Street a distance of 128 feet – conduit. Install one (1) new manhole.

Director of Engineering Peter Ditto stated that this is to replace an old system. The project should take between 2-3 weeks. Selectman Daly expressed concerns about the trees in that area. Mr. Ditto stated that the tree roots would not be disturbed. Selectman Goldstein added that there have been reports about poorly patched pavements after work being done. Mr. Ditto replied that they will make sure it is inspected.

On motion it was unanimously,

In Board of Selectmen June 28, 2011 Page 10 of 22

VOTED: To grant permission on the petition of NStar Electric Company for permission to construct, and a location for, such a line of conduits and manholes with the necessary cables therein under the following public way:

Chatham Street – Northeasterly at Chatham Circle a distance of 198 feet – conduit. Install one (1) new manhole. Chatham Circle – Northerly at Chatham Street a distance of 128 feet – conduit. Install one (1) new manhole.

GRANT OF LOCATIONS

Public Hearing on the petition of Comcast Communications, Inc. for permission to construct, and a location for, such a line of conduits and manholes with the necessary cables therein under the following public way:

Harvard Street – From Sewall Avenue to Longwood Avenue a distance of 470 feet – conduit.

Director of Engineering Peter Ditto stated that he reviewed and approved the location plan submitted by Comcast.

Kevin Kelly of Comcast stated that a new conduit needs to be put in to handle new service in the area. The project should take 4-5 days to complete. The Board expressed concern about traffic flow and parking during this time. It was determined that daytime work would be better for the area businesses and noise control; there will be a police detail to help with the traffic flow. Comcast agreed to minimize the number of parking spaces that will be removed at any one time.

Selectman Goldstein noted that the condition of pavements after work has been an issue. The contractor for the project stated that they are required to use quality fill, and the Town inspectors will be on hand as well. The Board requested that Mr. Ditto work with Comcast to devise a plan of little disruption to parking and businesses.

On motion it was unanimously,

VOTED: To grant the petition of Comcast Communications, Inc. for permission to construct, and a location for, such a line of conduits and manholes with the necessary cables therein under the following public way:

Harvard Street – From Sewall Avenue to Longwood Avenue a distance of 470 feet – conduit.

In Board of Selectmen June 28, 2011 Page 11 of 22

DPW ACCREDITATION

Ann Daniels Director of Credentialing of the APWA and Public Works Commissioner Andrew Pappastergion appeared to review the DPW Accreditation process.

Ann Daniels Director of Credentialing of the APWA stated that she was here several years ago when this process got started. The DPW took the policy practices and procedures and put them out there to compare with best practices. The Department looked at what they are doing right and what needs to be improved. This was a big undertaking and the staff is meeting all the requirements. Ms. Daniels will recommend that the Town of Brookline becomes the first accredited agency in Massachusetts. She thanked the Town for opening up their policies and procedures for their review. Ms. Daniels will be returning at a later date for a formal presentation.

Commissioner of Public Works Andy Pappastergion stated that this was an intense and extensive process. He thanked his staff and Team Leader Tom Brady for the process, for their hard work on this application. This will be an important and valuable document going forward.

The Board thanked Ms. Daniels for coming in with an update, and noted that they are proud of our Department of Public Works. Former Commissioner DeMaio and Commissioner Pappastergion have been working very hard towards this accreditation. They have met all the strict criteria, provided transparency and peer review of all procedures and policies.

BIKE SHARING PROGRAM

Director of Planning and Community Development Jeff Levine appeared to present the final report on the Bicycle Sharing Committee

a. Question of instructing Planning & Community Development staff to work with Transportation and Town Counsel staff to implement the recommendations of the report of the Selectmen’s Committee on Bicycle Sharing

Director of Planning and Community Development Jeff Levine stated that the Bike Sharing Committee has looked at the concept of bike sharing, and produced a report on their findings. He reviewed the concept as indicated in the report. “The basic idea of bike sharing is similar to a car sharing organization, but with the key difference that you do not have to return your bike to the same place you picked it up. A bike sharing system “stations” of 10 to 20 bike docks attached to a computer that manages check-in and check- out of bikes. Each station generally starts out about half filled with bikes and allows members to check out at a convenient station, bike to their destination, and the return the In Board of Selectmen June 28, 2011 Page 12 of 22

bike at a station near their end point. A management company makes sure the bikes are in good repair and “calibrates” the stations by moving bikes from popular destinations back to popular origins”.

Mr. Levine added that the selected stations will be at Coolidge Corner and Brookline Village.

Selectman Benka expressed concerns about the helmet provision, and how to comply with the State Statute that requires that bike rental facilities make helmets “available” to those renting bicycles, particularly with respect to those users who only rent a bicycle for one day. There are no plans for providing helmets at the stations. Selectman Mermell stated that the Committee discussed this and has requested advice from Town Counsel. Selectman Goldstein added that there should be language inserted indicating that the Town be indemnified from any product defects.

Selectman Mermell stated that a vote is needed tonight in order to officially negotiate and analyze the program in order to proceed. It only to recognizes the Committee’s report; it is not an indication of commitment.

On motion it was unanimously,

VOTED: that the Town of Brookline take actions necessary to negotiate an appropriate contract with Alta Bicycle Share, Inc. in order to allow the Hubway system to launch in Brookline in 2012 with two initial station locations, one in Brookline Village and one in Coolidge Corner. This vote is taken with the condition that appropriate locations will be found and approved by the necessary bodies, and that the fiscal plan requires little or no financial commitment on the part of the Town.

VOTED: that the Board of Selectmen instructs Planning & Community Development staff to work with Transportation and Town Counsel staff to implement the recommendations of the report of the Selectmen’s Committee on Bicycle Sharing which will include a helmet policy and liability issues.

ENVIRONMENTALIST OF THE YEAR

Conservation Administrator Tom Brady and members of the Conservation Committee appeared to honor Brookline’s Environmentalist of the Year for 2011.

Conservation Administrator Tom Brady announced that the Brookline Conservation Commission is recognizing Fran Gershwin as 2011 Environmentalist of the Year in recognition of her contributions as Chair of the Muddy River Restoration Project Maintenance and Management Oversight Committee. (MMOC). In Board of Selectmen June 28, 2011 Page 13 of 22

Conservation Commission Chair Kate Bowditch stated that she is pleased to present Ms. Gershwin for her continued work to ensure the value of a healthy environment and community participation. Ms. Gershwin is a former teacher and attorney who brought both those skills to the MMOC. Ms. Gershwin thanked everyone and stated that she is honored to receive this recognition for her connection to the Muddy River Project. The MMCO is a unique and ambitious effort to improve storm water flow and restore a historic landscape that provides many benefits to the residents of Brookline. The Board acknowledged Ms. Gershwin’s commitment to the Muddy River and thanked her and her colleagues for their continued support of the Muddy River Project.

OPEN SPACE PLAN

Conservation Administrator Tom Brady appeared to present the Open Space Plan and to ask the Board to receive the Plan.

Conservation Administrator Tom Brady and Conservation Commission Chair Kate Bowditch made the following presentation. (full document available). Mr. Brady dedicated the plan to Joanne Wexler.

Open Space 2010

Open Space and Recreation Plan for the Town of Brookline

In Board of Selectmen June 28, 2011 Page 14 of 22

Purpose of Open Space Plan 2010

• Five Year Plan required for state and federal grants ƒ CDBG Grants ƒ Urban Forest and Wildlife Grants ƒ DEM Historic Landscape Grants ƒ DEP Non-Point Source Pollution ƒ Massachusetts Local Acquisitions for Natural Diversity (LAND) & Parkland Acquisitions and Renovations for Communities (PARC) Grants (formerly Urban Self-Help Grants) ƒ Federal Land and Water Conservation Fund Grants

ƒ NOT Comprehensive Plan

ƒ NOT Parks, Open Space and Recreation Master Plan

ƒ Outcome of extensive public process

Open Space 2010 Planning Process

• Eighteen member Open Space Committee • Three public forums • Three working groups were formed to focus on specific areas of concern • Draft plan approved by Committee members, including BGSA, at end of 2010 • Meet with Board of Selectmen

In Board of Selectmen June 28, 2011 Page 15 of 22 Diversity of Open Space

What is Open Space?

ƒ Land substantially in a natural state or landscaped in such a manner as to provide some or all open space values: ƒ Provides habitat for native plant and animals ƒ Can be sustained for conservation purposes in an undisturbed or minimally-managed condition ƒ Protects water bodies or wetland resources ƒ Protects water quality or contributes to stormwater control ƒ Ensures that the land will remain in farming, forestry, or recreational use ƒ Preserves a scenic or historic view ƒ Protects significant trees ƒ Provides “green features” or environmental services in built and urbanized spaces ƒ Provides public benefit ƒ Contributes to the environment

In Board of Selectmen June 28, 2011 Page 16 of 22

What is Open Space?

ƒSize and land use varies ƒPublic and private ƒProtected and unprotected

Driscoll School Playground Sargent Pond

Francis J. Hickey Square

In Board of Selectmen June 28, 2011 Page 17 of 22

In Board of Selectmen June 28, 2011 Page 18 of 22

In Board of Selectmen June 28, 2011 Page 19 of 22

Selectman Mermell stated that this is an incredibly complex and detailed process. It is a labor of love to open space and an excellent document. Selectman Daly thanked everyone who worked on the plan; it is evident of the care that went into it. Chairman DeWitt stated that this is a great resource for the community. Brookline is wealthy in open space for a dense community. Selectman Goldstein asked about wildlife that comes with open space. Mr. Brady replied that that is challenging. There is a formalized process for wildlife, and they will see more of it, not less, this is reflective in plan. Selectman Benka noted that parking is included at the Gatehouse on Fisher Hill and someone had had suggested there be no parking there. The plan also calls for hiring of certain personnel, while the Department Head has said that is not necessary. Mr. Brady replied that nothing says it is absolute. It is simply a document of what we feel should be considered in the next five years. Selectman Benka, notwithstanding that fact that nothing in the plan is binding, is not comfortable voting on this document as presented for the previous reasons. On motion it was, VOTED: 4-1 Benka against that the Board of Selectmen adopt the 2010 Open Space Plan as presented.

In Board of Selectmen June 28, 2011 Page 20 of 22

WATER AND SEWER RATES

The Board considered the question of adopting Water/Sewer Rates for FY2012.

Chairman DeWitt noted that water rates will go up because fixed costs are the same whether we use more water or not. This new rate structure is designed to allocate the cost fairly. This is a two tiered rate structure, and being a transition, at year end there will be a review of patterns. Commissioner Andy Pappastergion stated that based on public comments and concerns, they took another look at the formula and tweaked it a little, keeping in mind that when water usage continues to drop, revenues run a deficit. This new structure will provide a cushion for that.

On motion it was unanimously, VOTED: (1) To approve the following quarterly Water and Sewer rates effective July 1, 2011:

Water Rate: $1.50 per hundred cubic feet (hcf) for all use up to 7 hcf $4.80 per hundred cubic feet (hcf) for all use greater than 7 hcf

Sewer Rate: $3.50 per hundred cubic feet (hcf) for all use up to 7 hcf $6.95 per hundred cubic feet (hcf) for all use greater than 7 hcf

(2) To establish a quarterly Base Charge based on meter size according to the following schedule effective July 1, 2011:

Meter Size (in inches) Quarterly Water Base Charge Quarterly Sewer Base Charge 0.625 $25 $25 0.75 $30 $30 1 $40 $40 1.5 $60 $60 2 $80 $80 3 $120 $120 4 $160 $160

(3) To establish a quarterly Base Charge for Irrigation meters and set it at $5 effective July 1, 2011.

(4) To establish an annual Fire Service Charge and set it at $20 per inch-diameter squared of fire service pipe size effective July 1, 2011.

(5) The above votes are set under Massachusetts General Laws, Chapter 40, Section 22F.

In Board of Selectmen June 28, 2011 Page 21 of 22

OPEN AIR PARKING LICENSE RENEWALS

The Board considered the question of renewing Open Air Parking Licenses for 2011- 2012.

On motion it was unanimously,

VOTED: To renew the following Open Air Parking Licenses for 2011-2012 as presented. Subject to the following general condition that the owners keep the entrance and parking spaces passable and clear of excess snow at all times, cleared snow cannot be placed on public ways or public sidewalks. The owner will keep the parking area in good repair and regularly clean up debris on the property, such as broken concrete and street limbs. (list attached).

The Board considered the question of amending the notification requirements for New Open Air Parking licenses.

Town Administrator Mel Kleckner stated that it is not the Board’s policy to require certified mail notifications. It is only required when State or Federal statute calls for it. The practice began when residents complained of not being notified.

The Board discussed ways to notify residents through regular mail, but with some kind or indication that it is official Town business. Selectmen Goldstein will look into this and present it to the Board.

There was no vote on this issue at this time.

There being no further business, the Chair adjourned the meeting at 9:40 pm.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date. 5. memo from scirillo to TA/proposed amendments 6. memo from TA to Bos /draft policy 7. public hearing notice/memo to bos from dpw commissioner/letter from NStar to commissioner 8. public hearing notice/memo to bos from dpw commissioner/letter from comcast to commissioner 9. bike sharing committee report 10. email from hcharles to PParks 11. open space plan 13. letter to bdewitt from longwood condo/email from ewhite/powerpoint/email from acovert 14.memo to bos from ta/open air list/memo to ta from msheppard 14a. notification list/email from lpehlke/email from chief oleary 15 minutes june 21 16.memo from ta to bos 17. conservation restriction 18. loan agreement/email from K brewton to TA 19.memo from TA to bos.memo from ndaly to TA,bos 20.email from tguigli to scronin/contract code form/agreement In Board of Selectmen June 28, 2011 Page 22 of 22

21. email from tguigli to scronin/contract code form/agreement 22.email from tguigli to scronin /po change form/change forms 23. application 24.application 25 application 26.application 27. request for appropriation transfer 28. request for appropriation transfer 29.memo to bos from dpw commissioner/amendment form/ewo form

In Board of Selectmen July 12, 2011 6th Floor Hearing Room 6:30 p.m.

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly Jesse Mermell, Richard Benka and Kenneth Goldstein

In Board of Selectmen July 12, 2011 Page 2 of 16

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

In Board of Selectmen July 12, 2011 Page 3 of 16

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session. Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

In Board of Selectmen July 12, 2011 Page 4 of 16

BOARDS AND COMMISSIONS

The following candidates for appointment/reappointment to Boards and Commissions will appear for interview:

Board of Assessors

Harold Peterson appeared for re-appointment. He would like to continue working on PILOT agreements. Mr. Peterson has served on the Board of Assessors for many years. The Board noted his involvement over the years, and thanked him for his continued service. Board of Examiners

Barnett Berliner appeared for re-appointment. Mr. Berliner would like to continue working on making sure contractors meet the Town’s qualifications. He has been an architect and planner for over 50 years, has taught at several intuitions and is very active in various community service commissions.

Building Commission

David Pollack appeared for re-appointment. Mr. Pollack would like to explore school population mapping, which would be a useful planning tool. He is an architect for public buildings serving cities, towns and housing authorities in Greater Boston.

Zoning Board of Appeals

Mark Zuroff appeared for re-appointment. Mr. Zuroff is an attorney concentrating in real estate transactions. He hopes to continue serving on this Board. He noted that this Board is charged with following the Town’s By-law and seeking its interpretation.

AUTOMATED LICENSE PLATE READER GRANT

Public Hearing on the proposed policy to implement Automated License Plate Reader System.

Chairman DeWitt asked associate Town Counsel Patty Correa to speak on whether the data in question is considered public record. Ms. Correa replied that the image is of the plate text, which can scan about 60 plates a minute. This technology is new so there is no case in relation to public records. She feels the images would not be considered public record. As for a retention schedule, the supervisor must implement a public records law and issue a retention schedule. There is an argument that the records would not be public; they could comply with the retention schedule, but not be released for a public records request.

In Board of Selectmen July 12, 2011 Page 5 of 16

Selectman Benka added that the grant has a provision that if the State asks for the records we would be required to give them over regardless of the public record law. Should this happen the Town could give back the camera and purchase one on our own, or the Town could avoid the contractual issue by purchasing the camera with its own funds in the first place.

Chief O’Leary stated that he has received a continuance for the grant until September 30th. The value of the grant is for public safety, and to enforce parking regulations. The Department recognizes the concerns about data retention and has drafted a policy to address four main issues; define use, retention schedule, auditing function and transparency. Chairman DeWitt appreciates a draft policy on how the data may be used and how it protects our citizens. The Chief replied that he has talked with State officials and has agreed to sit on a committee to help draft a state policy. Selectman Benka added that the cameras are being used in many other communities, including Boston and Newton, with no retention policy being considered. He commended the Chief for recognizing the potential sensitivity of this issue.

The Chair took Public Comment.

Susan Allen, Westbourne Terrace opposed the technology because it could make residents feel less safe than they do now. She feels that an officer could use the information inappropriately to locate woman who are seeking a safe location. She noted that Town Meeting voted against the cameras and the Selectmen overrode it, indicating a special relationship between the Police Department and the Selectmen. Ms. Allen feels this in violation of civil liberties.

Leslie Epps, Brookline business owner, speaking on behalf of herself and Arthur Conquest TMM# 6 stated that any equipment can be used in a positive or a negative way. It can go either way. If this technology can enhance revenue, and it benefits everyone, that is a good thing, but we have a moral obligation to exercise good judgment. She added that the Town’s budget tends to go to the Police and Fire Departments.

Kade Crockford, ACLU representative clarified that New Hampshire and Maine have not banned this technology, but has restricted its use. Ms. Crockford stated that if the Town decides to purchase the technology outside of the grant, the ACLU would be happy to assist in drafting a policy.

A Chapel Street resident stated that it is not the role of government to keep an electronic database of their residents coming and going.

Jan Presser, Green Street stated that this will not invade privacy by catching the coming and goings into our homes or capturing our conversations, it is just looking at license plates. It does not look at ethnic backgrounds, just the plate image; it will help with crime prevention. In Board of Selectmen July 12, 2011 Page 6 of 16

Frank Farlow Co-Chair of Brookline PAX is opposed to the technology and the fact that Brookline must agree to submit the data to the State upon request, and then we lose control of where it goes from there, and the fact that the State has no current retention policy. Another concern is that it can capture one plate per second, which is a very large and powerful system. Tracking technology has the potential to trace a person’s habits and locations. Mr. Farlow then spoke on behalf of Representative Frank Smizik. Rep. Smizik is concerned about rapidly spreading ALPR and official data collection that may very well negatively affect the privacy rights of law-abiding citizens. If Brookline accepts the present system, we will lose control over the data.

David Klafter, Winthrop Road opposes the technology. There is a lack of State policy, and Federal agencies have been noted for abuse of privacy rights by tracking personal information of citizens. The Police always want a more efficient way to police, but the primary threat of civil rights will come from government, where do we draw the line?

Suzette Abbott, Winthrop Road opposes the technology stating that while riding along the street, all the information about her registration can be recorded, including the location of her vehicle. She feels this is an infringement of her civil liberties. She is also concerned about the requirement to send data to the State, and who knows where it goes from there.

Gordon Bennett, Davis Avenue opposes the technology and agrees with most of the speakers. He added that he is concerned about the cost of the program, and its potential to escalate. He feels there is no full economic cost to the Town explored, and wonders where will it stop once it gets going.

Chairman DeWitt stated that the Board is concerned about privacy issues so they are not planning on taking a vote tonight.

Selectman Mermell thanked the Chief for bringing this to the forefront, but, she is not supportive of it. She feels that it may or may not have a role in Brookline but if the funds are accepted, there are strings attached. Brookline’s policy is moot if the State requests the data. She has also seen negative uses of technology when it was used to patrol comings and goings of woman’s health facilities, which was then used to have a negative impact.

Selectman Goldstein agrees with Selectmen Mermell. He understands the concerns about crime and privacy, however the experience with the surveillance cameras have been successful because they are balanced with a need and the protection against misuse of the system. He feels that LPR can be an efficient tool, but would require a strong policy should the Town purchase it on their own.

In Board of Selectmen July 12, 2011 Page 7 of 16

NOISE BY-LAW WAIVER

Runkle School Renovations and Additions, G&R Construction, Inc., requests relief from the Noise By-Law for ten (10) days between July 13, 2011 and August 31, 2011.

Project Administrator Tony Guigli stated that there have been some unforeseen site conditions at the Runkle School Project resulting in cost and schedule challenges. G&R Construction is requesting to start work a half hour earlier, and finish up an hour and a half later to pour concrete. It is best to pour the concrete as early as possible because the results are unpredictable.

Selectman Goldstein noted that 6:30 am is a very early start time.

Dan Aylwood from G&R Construction stated that the 6:30 am start time will be used to mobilize the concrete in preparation of a power operated trowel. Mr. Guigli added that this is not in violation of the noise by-law.

Ariella Finkel, abutter stated that it is noisy from 7am - 5pm, and now it will be an additional five hours. Her house shakes as it is, and what about those with children. Harvey Finkel asked if the work would double the 90 decibel level. Selectman Daly replied no, it would not double.

Drew Krishnan, Clinton Road stated that this is an unwelcome, but necessary task. He was concerned that if the concrete pour were to happen anyway, why is this coming out days before it is to happen. Building Commissioner Mike Sheppard stated that they recognize their cooperation, but there are things that can’t be controlled like the length of the pours. We had no intention to work that late, but we may have to.

Chad Ellis, Chesham Road stated that it is unfortunate, but he would rather it be done now than delay the project. He asked if the neighbors could get as much notice as possible. Mr. Guigli stated that he will get email addresses and make the notifications.

Selectman Benka asked about the noise levels and what category would this be in the By-law. Mr. Guigli confirmed that this request is not for relief of the noise level, it is simply extend the time allotted.

On motion it was unanimously,

VOTED: To grant G&R Construction, Inc., request for relief from the Noise By- Law for ten (10) days between July 13, 2011 and August 31, 2011 from 6:30 a.m. -10:00 p.m. under section 8.15.6 (a) 2, and that the noise levels do not exceed the maximum decibel level and that reasonable notice be provided to the abutters for those days.

In Board of Selectmen July 12, 2011 Page 8 of 16

REGULATION OF MOBILE FOOD TRUCKS

Consideration of policy issues on Regulation of Mobile Food Trucks.

Director of Health and Human Services Alan Balsam stated that there are a number of food vehicles that are regulated through the Health Department. Their main concern has been how the food is dispensed and the sanitary conditions. There is now a trend of upscale food trucks that prepare the food on the premises and the Town does not have a policy for them because they perform like a mobile restaurant, not a pre-prepared distributer. Dr. Balsam is in favor of these healthy alternatives but is concerned about the business community. These trucks would like to be parked at a meter in commercial districts when their competitor is paying $6,000 a month to lease their space.

Town Administrator Mel Kleckner added that this has been on the radar screen for some time. A particular vendor has been inquiring about the rules and regulations. Chairman DeWitt stated that the licensing review committee is almost complete with the alcohol license review, and will be ready to review the food vendor regulations.

Selectman Benka shares the concern about the impact on current businesses that pay rent and taxes, and also brought up the meals tax. How would that be allocated when a vehicle travels within different cities and towns? It was stated the Brookline would lose the meals tax if the truck were not garaged in Brookline, regardless of the level of sales in Brookline.

Selectman Mermell is in favor of the trucks, and feels there may be a niche for them once the public health, traffic, and public safety concerns are sorted out. The outcome would have to be respectful of the business community. Selectman Daly agreed.

There was no vote on this agenda item.

FALL TOWN MEETING

The Board considered the question of setting the opening and closing dates of the Warrant for the Fall Town Meeting to commence on Tuesday, November 15, 2011.

Chairman DeWitt read the Fall Town Meeting schedule.

Opening of the warrant: August 4, 2011

Closing of warrant: September 1, 2011

Town Meeting: November 15

On motion it was unanimously, In Board of Selectmen July 12, 2011 Page 9 of 16

VOTED: To set the opening and closing dates of the Warrant for the Fall Town Meeting to commence on Tuesday, November 15, 2010.

Opening of the warrant: August 4, 2011

Closing of warrant: September 1, 2011

DONATION

The Board considered the question of accepting a donation of $895.00 for a drug collection Kiosk from Norfolk County DA’s Office, Department of Public Health, and CVS.

Chief O’Leary stated that this donation will be used to purchase a drug collection unit that will be used to collect unused prescription drugs. This will provide safe disposal of unused or expired drugs at the Public Safety Building. The Police Department previously held two drop off events which resulted in over 125 pounds of medication received.

On motion it was unanimously,

VOTED: To accept a donation of $895.00 for a drug collection Kiosk from Norfolk County DA’s Office, Department of Public Health, and CVS.

POLICE PERSONNEL

The Board considered the question of approving a leave of absence for Police Officer Holly Jordan.

Chief O’Leary stated that Officer Jordan has asked for an unpaid leave of absence. Officer Jordan has been on maternity and unpaid leave, and would like to extend it to September in order to arrange day care. Selectman Benka asked if this would result in overtime costs. Chief O’Leary replied that the position has been left open and he is not committing to overtime to fill this position.

On motion it was unanimously,

VOTED: To approve a leave of absence until September 15, 2011 for Police Officer Holly Jordan.

In Board of Selectmen July 12, 2011 Page 10 of 16

RUNKLE SCHOOL PROJECT FUNDING AGREEMENT

The Board considered the question of approving the Second Amendment to the Project Funding Agreement (PFA) between the Town of Brookline and the Massachusetts School Building Authority (MSBA) for the Runkle School Project and authorizing Town Administrator Melvin Kleckner to execute said Agreement.

On motion it was unanimously,

VOTED: To approve the Second Amendment to the Project Funding Agreement (PFA) between the Town of Brookline and the Massachusetts School Building Authority (MSBA) for the Runkle School Project and authorizing Town Administrator Melvin Kleckner to execute said Agreement.

HEATH SCHOOL PROJECT FUNDING AGREEMENT

The Board considered the question of approving the Heath School Project Funding Agreement (PFA) with the Massachusetts School Building Authority (MSBA) and authorizing Town Administrator Melvin Kleckner, to execute said Agreement.

On motion it was unanimously,

VOTED: To approve the Heath School Project Funding Agreement (PFA) with the Massachusetts School Building Authority (MSBA) and authorizing Town Administrator Melvin Kleckner, to execute said Agreement.

PROPRIETARY VOTE

The Board considered the question of approving the following proprietary vote for EMS conversion projects

Energy Management Systems – Johnson Controls

Director of Public Buildings Charlie Simmons stated that there are already 16 Energy Management Systems in place at Lincoln School provided by Johnson Controls. There are 5 more ready to go. In order to keep the system in sync, a propriety vote is required.

On motion it was unanimously,

VOTED: To approve the proprietary vote for EMS conversion projects at the Lincoln School to Johnson Controls. In Board of Selectmen July 12, 2011 Page 11 of 16

CONTRACT AMENDMENT

The Board considered the question of approving and executing Contract Amendment #1 in the amount of $52,000.00 for the work to be completed by Kaestle Boos Associates, Inc., in connection with Pierce School Auditorium Renovations, for continuation of design services through bid documents and construction administration. Said amendment to be funded from accounts

2510K038 6B0091 $16,623.22 2512K038 6B0091 $35,376.78

Project Administrator Tony Guigli stated that this amendment is for administrative costs.

On motion it was unanimously,

VOTED: To approve and execute Contract Amendment #1 in the amount of $52,000.00 for the work to be completed by Kaestle Boos Associates, Inc., in connection with Pierce School Auditorium Renovations, for continuation of design services through bid documents and construction administration. Said amendment to be funded from accounts.

2510K038 6B0091 $16,623.22 2512K038 6B0091 $35,376.78

CONTRACT AMENDMENT

The Board considered the question of approving and executing Contract Amendment #10 in the amount of $26,480.00 for work to be completed by Design Partnership of Cambridge, Inc., in connection with Runkle School Renovations and Additions, for PCB Abatement Monitoring. Said amendment to be funded from account 2594C165 524003.

On motion it was unanimously,

VOTED: To approve and execute Contract Amendment #10 in the amount of $26,480.00 for work to be completed by Design Partnership of Cambridge, Inc., in connection with Runkle School Renovations and Additions, for PCB Abatement Monitoring. Said amendment to be funded from account 2594C165 524003.

In Board of Selectmen July 12, 2011 Page 12 of 16

CONTRACT AMENDMENT

The Board considered the question of approving and executing Contract Amendment #11 in the amount of $13,800.00 for work to be completed by Design Partnership of Cambridge, Inc., in connection with Runkle School Renovations and Additions, for monitoring services associated with oil contaminated soils removal. Said amendment to be funded from 2594C165 524003.

Project Administrator Tony Guigli stated that this is required due to the unexpected soil conditions.

On motion it was unanimously,

VOTED: To approve and execute Contract Amendment #11 in the amount of $13,800.00 for work to be completed by Design Partnership of Cambridge, Inc., in connection with Runkle School Renovations and Additions, for monitoring services associated with oil contaminated soils removal. Said amendment to be funded from 2594C165 524003.

CHANGE ORDER

The Board considered the question of approving and executing Change Order #6 in the amount of $24,466.00 for work to be completed by G&R Construction Inc., in connection with Runkle School Rennovations and Additions, for various change order items to be funded from 2594C165 6C0002.

Project Administrator Tony Guigli stated that this stems from splitting and removal a granite boulder, and demolition of construction debris.

On motion it was unanimously,

VOTED: To approve and execute Change Order #6 in the amount of $24,466.00 for work to be completed by G&R Construction Inc., in connection with Runkle School Rennovations and Additions, for various change order items to be funded from 2594C165 6C0002.

CHANGE ORDER

The Board considered the question of approving and executing Change Order #7 in the amount of $48,092.00 for work to be completed by G&R Construction Inc., in connection with Runkle School Renovations and Additions for Added Hazardous Materials Removals. Said change order to be funded from 2594C165 6C0002.

In Board of Selectmen July 12, 2011 Page 13 of 16

On motion it was unanimously,

VOTED: To approve and execute Change Order #7 in the amount of $48,092.00 for work to be completed by G&R Construction Inc., in connection with Runkle School Renovations and Additions for Added Hazardous Materials Removals. Said change order to be funded from 2594C165 6C0002.

CHANGE ORDER

The Board considered the question of approving and executing Change Order #8 in the amount of $47,059.00 for work to be completed by G&R Construction Inc., in connection with Runkle School Renovations and Additions, for Added Asbestos Abatement. Said change order to be funded from 2594C165 6C0002.

On motion it was unanimously,

VOTED: To approve and execute Change Order #8 in the amount of $47,059.00 for work to be completed by G&R Construction Inc., in connection with Runkle School Renovations and Additions, for Added Asbestos Abatement. Said change order to be funded from 2594C165 6C0002.

The Board asked about the Runkle School Project. Mr. Guigli stated that he is cautiously optimistic that the project will be on schedule and on budget. It is a difficult site to work with because of the oil found underground which is costly to remove.

EXTRA WORK ORDER

The Board considered the question of approving Extra Work Order #1 in the amount of $10,270.82 for additional work to be completed by Lawrence- Lynch Corp in connection with Contract No. PW/11-17 “Cold Plane and Resurface Three Roadways”. Said work order to be funded from account 4910K058 6H0026.

Director of Engineering Peter Ditto stated that there was some unsuitable material found in the Longwood Avenue area, and Eliot Crescent has an additional area that needs to be cold planed.

On motion it was unanimously,

VOTED: To approve Extra Work Order #1 in the amount of $10,270.82 for additional work to be completed by Lawrence- Lynch Corp in connection with Contract No. PW/11-17 “Cold Plane and Resurface Three Roadways”. Said work order to be funded from account 4910K058 6H0026.

In Board of Selectmen July 12, 2011 Page 14 of 16

CHAPTER 90

The Board considered the question approving and executing a Chapter 90 Project Request and Environmental Punch List in the amount of $819,900.00 to the Massachusetts Department of Transportation in connection with Contract No. PW/11-22 “Reconstruction of Beverly Road”.

Director of Engineering Peter Ditto stated that this will be reimbursed by the State. The project is for the reconstruction of Beverly Road between LaGrange Street and Independence Drive.

On motion it was unanimously,

VOTED: To approve and execute a Chapter 90 Project Request and Environmental Punch List in the amount of $819,900.00 to the Massachusetts Department of Transportation in connection with Contract No. PW/11-22 “Reconstruction of Beverly Road”.

TEMPORARY ALL KINDS ALCOHOLIC BEVERAGES PERMIT

The Board considered the question of granting a temporary All Kinds Alcoholic beverages permit (non-sale) to Larz Anderson Auto Museum in connection with the following events to take place at 15 Newton Street.

July 16th Wedding Reception 5pm-11pm

July 17th Outdoor Wedding Reception 5pm-11pm

July 30th Wedding Reception 5pm-11pm

On motion it was unanimously,

VOTED: To grant a temporary All Kinds Alcoholic beverages permit (non-sale) to Larz Anderson Auto Museum in connection with the following events to take place at 15 Newton Street.

July 16th Wedding Reception 5pm-11pm

July 17th Outdoor Wedding Reception 5pm-11pm In Board of Selectmen July 12, 2011 Page 15 of 16

July 30th Wedding Reception 5pm-11pm

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting a temporary All Kinds of Alcoholic beverages license to Boston University in connection with a Banquet to be held by the Office of Events and Conferences on July 24, 2011 from 4:30 p.m. – 6:00 p.m. at 928 Commonwealth Avenue.

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic beverages license to Boston University in connection with a Banquet to be held by the Office of Events and Conferences on July 24, 2011 from 4:30 p.m. – 6:00 p.m. at 928 Commonwealth Avenue.

APPROPRIATION TRANSFER

The Board considered the question of approving the following appropriation transfer within the Police Department budget:

From: 21002060 551099 $1,500.00 Edu/Training To: 21002010 522017 $1,500.00 Com Equip/RM

Chief O’Leary stated that the electric work in the Public Safety Dispatch Center was underestimated.

On motion it was unanimously,

VOTED: To approve the following appropriation transfer within the Police Department budget:

From: 21002060 551099 $1,500.00 Edu/Training To: 21002010 522017 $1,500.00 Com Equip/RM

There being no further business, the Chair adjourned the meeting at 10:30 p.m. In Board of Selectmen July 12, 2011 Page 16 of 16

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date.

6. applications/resumes 7. emails/letter to TA from chief/grant application/letter letter from ACLU/statement from Rep Smizik 8. letter from G&R construction/email from TGuilgi 9.memo from TA to town officials/Boston’s ordinance on food trucks/Boston Globe article 10. Fall TM schedule 12. memo to TA from Chief O’Leary/med return flyer 13. memo to TA from Chief Oleary/letter to HJordon from HR 14. letter to TA from MSBA/agreement 15. letter to TA from MSBA/agreement copy 16. memo from CSimmons to BOS 17. email from TGuilgi to SCronin/aia document/amendment specs 18. email from TGuilgi to SCronin/amendment specs 19. email from TGuilgi to SCronin/amendment specs 20. email from TGuilgi to SCronin/change order form 21. email from TGuilgi to SCronin/change order form 22. email from TGuilgi to SCronin/change order form 23.letter to BOS from DPW commissioner contract amend form 24. letter to BOS from DPW commissioner /mass highway scope/punchlist 25. application 26. application 27.memo to scronin from aansaldi/appr transfer form

In Board of Selectmen July 26, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell and Kenneth Goldstein.

The Minutes of June 28th and July 12th were approved as amended.

In Board of Selectmen July 26, 2011 Page 2 of 26

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

The Town Administrator is working on two task forces. One to review the new multi-space parking meters, and another to study mobile food trucks.

Brookline has been designated a Green Community by the State Department of Energy Resources, allowing the Town to apply for significant grant monies.

The Re-Districting plan has been approved by the State.

Chestnut Hill Realty is planning to move forward with its development plans. Many residents and Town Officials are not supportive of their full plans.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

Dr. June Roberts, Trustman Apartments resident spoke about the poor communication and management of the current renovation project at the buildings. She feels that there has not been proper notification, and that harmful chemicals are being used.

The Board, having no jurisdiction over Housing Authority properties, directed her to the BHA and the Health Department. The Town Administrator will make some inquiries as well.

GRANT

The Board considered the question of accepting a grant from the State’s 911 Department in the amount of $131,089.00 to be used to offset overtime costs and physical upgrades associated with the Police Safety Dispatch Center.

Chief O’Leary stated that he is pleased to receive this grant and its use will enhance the dispatch center.

On motion it was unanimously,

VOTED: To accept a grant from the State’s 911 Department in the amount of $131,089.00 to be used to offset overtime costs and physical upgrades associated with the Police Safety Dispatch Center. In Board of Selectmen July 26, 2011 Page 3 of 26

CDBG AGREEMENT

The Board considered the question of authorizing the Chairman to execute a Sub- recipient Agreement between the Town and the Brookline Improvement Coalition (BIC) for energy efficiency improvements at BIC’s 154-156 Boylston Street affordable rental project. Said Agreement to be funded from the Town’s Low-Income Housing Energy Efficiency Improvements pool funded by the American Recovery and Reinvestment Act CDBG-R program account number B-90-MY-25-0004.

Virginia Bullock, Housing Project Planner stated that these funds will provide additional energy improvements at a six unit multi-family on Boylston Street. These improvements are designed to make the building more energy efficient, lower operating costs, and improve interior air quality.

On motion it was unanimously,

VOTED: To authorize the Chairman to execute a Sub-recipient Agreement between the Town and the Brookline Improvement Coalition (BIC) for energy efficiency improvements at BIC’s 154-156 Boylston Street affordable rental project. Said Agreement to be funded from the Town’s Low-income Housing Energy Efficiency Improvements pool funded by the American Recovery and Reinvestment Act CDBG-R program account number B-90-MY-25-0004.

TEMPORARY WINE & MALT BEVERAGES LICENSE

The Board considered the question of granting a temporary Wine & Malt beverages license to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street.

August 4, 2011 Fashion Show 7:00 p.m. - 11:00 p.m.

On motion it was unanimously,

VOTED: To grant a temporary Wine & Malt beverages license to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street.

August 4, 2011 Fashion Show 7:00 p.m. - 11:00 p.m.

In Board of Selectmen July 26, 2011 Page 4 of 26

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting a temporary All Kinds of Alcoholic beverages license to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street.

July 28, 2011 Wedding 6:00 p.m. – 10:00 p.m.

August 6, 2011 Tutto Italian Party 6:00 p.m. – 11:00 p.m.

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic beverages license to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street. July 28, 2011 Wedding 6:00 p.m. – 10:00 p.m.

August 6, 2011 Tutto Italian Party 6:00 p.m. – 11:00 p.m.

AUL NOTIFICATION

The Board considered the question of approving and executing an AUL notification waiver for 10 Brookline Place.

Director of Economic Development Kara Brewton stated that in 2005, the soil and groundwater beneath a small area of the rear parking lot and a portion of the lower parking garage was impacted by an oil spill. It has since been cleaned up and documented, however, if there is a change of use in the future it may be restricted, in particular, a change to a single family home. Because of this, the activity and use limitation notification (AUL) will be placed on that portion of the property.

Selectman Goldstein asked Conservation Commission Chair Werner Lohe his thoughts on this. Mr. Lohe replied that the Commission has not discussed it, but he is familiar with the site and this is common practice. He noted that the Department of Environmental Protection has recommended it, and he is comfortable with that.

Ms. Brewton updated the Board that Children’s Hospital has not sought any building permits to date. They are looking for a major co-tenant before they start the process.

In Board of Selectmen July 26, 2011 Page 5 of 26

On motion it was unanimously,

VOTED: To approve and execute an Activity and Use Notification waiver for 10 Brookline Place.

PILOT AGREEMENT

The Board considered the question of approving and executing a PILOT Agreement with the International Society for Infectious Diseases (ISID).

Director of Finance Stephen Cirillo stated that there are now 12 PILOT agreements in town varying in payment amounts. This one is relatively small, but will help engage future agreements.

On motion it was unanimously,

VOTED: To approve and execute a PILOT Agreement with the International Society for Infectious Diseases (ISID).

NORFOLK COUNTY ADVISORY BOARD

The Board considered the question of appointing a member to represent the Town on the Norfolk County Advisory Board.

Chairman DeWitt stated that as a result of Town Meeting discussions about being removed from Norfolk County, and current news of the potential closing of the Brookline Courthouse, the Board will appoint Selectman Goldstein as Brookline’s representative on the Norfolk County Advisory Board. Selectman Goldstein will replace Town Meeting Member Michael Oats who was appointed as interim representative.

Selectman Goldstein and Selectman Daly expressed concern about the potential closing of the Brookline Courthouse and the potential that civil and criminal cases resulting from the same occurrences would be processed in courts located in different counties. They asked that residents reach out to our State Officials on the importance of keeping our local court a full service court.

On motion it was,

VOTED: 3-0-1 Goldstein abstained To appoint Selectman Kenneth Goldstein to represent the Town on the Norfolk County Advisory Board.

In Board of Selectmen July 26, 2011 Page 6 of 26

BOARDS AND COMMISSIONS

The following candidates for appointment/reappointment to Boards and Commissions appeared for interview:

Conservation Commission Werner Lohe

Werner Lohe is applying for re-appointment. Mr. Lohe would like to continue to work on both short term items and broader open space issues. He would like to work on awareness that Brookline does have open space and the importance of preserving it.

LICENSE REVIEW COMMITTEE

Members of the License Review Committee will appear to report on liquor licensing issues and recommendations for regulations.

Chairman DeWitt stated that Town Meeting approved the adoption of a change in hours for local liquor license holders with a common victuallar licenses in order to serve alcohol for Sunday brunch. The Committee looked at quotas and regulations. The question of how many licenses should we have, if we feel we need more, and how do we go about that.

Selectman Goldstein stated that he served on the subcommittee to review quotas. His understanding was that the regulation sub-committee was charged to clarify the process; he did not anticipate there would be a conflict. Recently some licensee holders have raised some questions that there is a perception of some regulation changes, and as a local attorney representing some local restaurants he will recuse himself from the discussion on regulations.

Selectman Goldstein reviewed the quota report:

REPORT OF THE QUOTA SUBCOMMITTEE OF THE BROOKLINE BOARD OF SELECTMEN’S LICENSING REVIEW COMMITTEE

Background and Charge of the Subcommittee

The Quota Subcommittee (the “Subcommittee”) of the Brookline Board of Selectmen’s Licensing Review Committee (the “full Committee”) was established by the full Committee on July 28, 2010. The Subcommittee consists of Kenneth Goldstein, Chairman (Selectman), Lea Cohen (President of the Brookline Chamber of Commerce), Douglas Rodman (a former liquor licensee in the Town; non-voting), Thomas Gallitano In Board of Selectmen July 26, 2011 Page 7 of 26

(Town Meeting Member from Precinct 16), and Anne Meyers (Economic Development Advisory Board).

At the July 28, 2010 meeting of the full Committee, the Subcommittee was charged by the full Committee as follows:

“To study the question of the optimum number and kind of liquor licenses for the Town; whether steps should be taken to seek an increase of the current quota; and, if so, what process should be followed”.

The Subcommittee was formed in response to the realization that the Town of Brookline is at or near the limit (quota) of its available licenses for on-premises consumption of alcoholic beverages (“pouring licenses”). Package store licenses are not currently of concern. The lack of new pouring licenses to grant would be a new circumstance for the Town. It is important that the consequences of that circumstance be understood, that foreseeable negative impacts be anticipated and that, to the extent possible, action be taken to avoid any such negative impacts. At the time the Subcommittee was formed, the Town had two (2) pouring licenses available. At the time of this report there are no pouring licenses available.

The quota of liquor licenses is regulated by state statute, M.G.L. c. 138, sec. 17. By this statute, the quota is a function of the population of the Town. The Commonwealth of Massachusetts Alcoholic Beverage Control Commission (the “ABCC”) determines the Town’s quota. Essentially, the Town has the ability to license one pouring establishment for each 1,000 inhabitants of the Town. During the term of the Subcommittee, new census data was released by the United States Census Bureau. The Town’s population reportedly grew by approximately 1,000 residents since the previous census. In May, 2011, one additional pouring license was issued by the ABCC as a result of the 2010 census results.

Attached as Exhibit “A” is the current Liquor License Quota inventory. It should be noted that, of the 63 “All Kinds” licenses, 11 are being used as “Wine/Malt”.

These study areas were investigated by the respective Subcommittee members and their findings were reported during subsequent meetings.

The Subcommittee also identified a list of Town staff members to be consulted, including: Brenda Costello, the clerk of the Selectmen’s office with the long-standing duty of administering the licensing process; Lt. McCarthy, the Town’s Public Safety officer charged with overseeing licensees; Pat Maloney, the Town’s Health Department licensee inspector and Marge Amster, the Town’s Commercial Areas Coordinator. The Subcommittee met with each of these Town staff members. The Subcommittee also identified the need for and obtained a map showing the current disbursement of licensees in the Town. A copy of the map is attached to this report as Exhibit “B”. In Board of Selectmen July 26, 2011 Page 8 of 26

At the Subcommittee’s meeting on October 28, 2010, it was determined that the Subcommittee should invite a group of licensees to discuss with the Subcommittee their viewpoints on the quota issue. A list of questions and discussion topics were prepared in advance by the Subcommittee. On November 10, 2010 a ‘focus group’ was held and attended by the following licensees:

Individual Establishment Location

Bob Shuman Zaftig’s Coolidge Corner

Damian Dowling The Abbey Washington Square

Paul Walsh Beacon Street Tavern St. Mary’s

Eric Hornfeldt Golden Temple Washington Square

Samir Majmudar Rani Bistro Coolidge Corner

Eugene Bligh Corrib Pub Coolidge Corner

At the focus group session the Subcommittee received candid input from these licensees on the topic of the optimum level of pouring licenses.

On February 7, 2011, after public notice and advertisement, the Subcommittee held a public hearing to invite public comment on the subject of the optimum level of pouring licenses. Only two members of the public attended. Both happened to be residents of the Town who were also managers of licensed pouring establishments in the Town. They were:

Individual Establishment Location

Jim Solomon The Fireplace Washington Square

Charad Chand Courtyard by Marriot Coolidge Corner

Again, the Subcommittee received valuable input from these individuals.

Since the February 7, 2011 meeting, the Subcommittee has worked on finalizing a summary of their work which has come to be known as “the Grid”. The Grid is a list of criteria which the Subcommittee has identified as pertinent to the issue, coupled with a list In Board of Selectmen July 26, 2011 Page 9 of 26

of factual findings that relate to each criterion. A copy of the Grid is attached to this report as Exhibit “B”.

Summary of Findings

Public Safety. Foremost in any analysis of this nature is the consideration of public safety. Assuming that increasing the quota of pouring licenses would provide no advantage to public safety, the Subcommittee concentrated on the question of whether there is any appreciable risk to public safety which might result from increasing the quota of pouring licenses.

While studies have shown that an excessive density of package stores can relate to increased crime rates, no such link has been made for pouring licenses. Package store license quotas are not under consideration. It should be noted that the Town of Brookline does not permit taverns. Every pouring license in Brookline is associated with food service.

Lt. McCarthy of the Brookline Police Department was, until recently, the officer charged with enforcement issues at the Town’s licensed establishments. Lt. McCarthy reported no regular noise or rowdiness complaints associated with any of our licensees. Generally he feels that the Town is not over-saturated with pouring licensees.

Pat Maloney, inspector for the Brookline Health Department, does not feel that Town resources would be stretched too thin if there were a few additional pouring licenses. He does caution that if a multi-licensed center (such as a large mall or major retail venue) were ever developed in the Town, an additional inspector might be necessary. He also worries about Health Department resources if another ‘big event’ (such as the Ryder Cup) is hosted in the Town. He observed that there were code and enforcement issues during the Ryder Cup.

The Subcommittee concluded that a modest increase in the number of pouring liquor licenses could not be expected to adversely affect public safety in the Town.

Community Impacts. From the low turnout at the public hearing, Subcommittee members surmised that there was little public concern with the issue of liquor license quotas. From informal conversations with community members, input from the Commercial Areas Coordinator and from discussions with current licensees, the Subcommittee found that ‘upscale’ restaurants (with liquor licenses) are considered good business for Brookline. Beer and wine licensees in particular are viewed by the public as beneficial to the Town with little or no downside.

An example of the significant revitalization that a strong restaurant industry has brought can be seen in the Washington Square area of Brookline, one of nine distinctive commercial districts in town. Washington Square has become the home of 5-10 new restaurant establishments in the last 10-15 years. Revitalization has taken the form or renovation of aging commercial buildings, updating of storefronts and signage, increased In Board of Selectmen July 26, 2011 Page 10 of 26

foot traffic (particularly during evening hours), more pleasing streetscapes and a greater sense of neighborhood identity and pride. It is observed that patrons of these establishments travel to Brookline from other communities and that Brookline’s hotel operators and other local businesses greatly value the increased activity and visibility. The Subcommittee notes that other commercial districts have not experienced expansion at the same scale. Ideally, the town should be in the position to accommodate restaurants seeking to establish in these areas.

The economic viability of these commercial spaces bolsters property values throughout the Town and results in a stronger tax base. In addition, restaurants, through local options taxes, generate significant tax revenue directly to the Town.

The Subcommittee recognized that some licensees are in near proximity to residences and religious institutions and that there exists the potential that future establishments will create noise, litter, food odors, parking issues and waste disposal issues for nearby residents. Residents have opposed the licensure of some local restaurants. From their discussion with police and health officials, the Subcommittee concluded that the potential problems which could occur from the issuance of additional licenses to new establishments would be manageable.

The Subcommittee finds that the issuance of ten or more additional licensees in the Town will positively impact the community.

Preparedness for Specific Economic Development Site Development. Currently within the Town of Brookline there are at least two sites that have been identified as likely locations for focused economic development, namely: the former Cleveland Circle Cinema and the so-called “B2” project in Brookline Village. Under current plans, both of these sites will be home to a new restaurant of a style which will require a liquor license. To see that these sites are developed to the full potential planned for, it will be necessary to assure that a liquor license is available.

The Subcommittee has learned that the Commonwealth of Massachusetts has, by home rule petition, approved liquor licenses beyond a municipality’s quota when a specific critical economic development location has been identified. These licenses are non- transferable to other locations within the Town.

The Subcommittee has expressed concern with the inefficiencies of obtaining additional licenses in this manner. Home rule petitions can require a great deal of political process and time and the result of the long process can never be assured in advance.

Expert/Academic Study and Best Practices. Other than studies linking package store density and crime rates, the Subcommittee identified no expert or academic studies providing guidance on the optimum number of liquor licensees within a community. The In Board of Selectmen July 26, 2011 Page 11 of 26

Subcommittee did conduct an unscientific survey of other states and found that most operate under a quota system, similar to the system used in Massachusetts.

The Subcommittee also indentified evidence of a national trend away from state control of local liquor licensing. Idaho and Utah have both taken recent steps toward more local control of liquor licensing. A recent Boston Globe editorial called for the dissolution of the ABCC observing that the commission is a vestige of prohibition. Arguably, the quota system is too. On information and belief from Brookline’s legislative delegation, other communities within the Commonwealth have already raised the question of changing or abandoning the quota system.

Pro-consumer activists have noted that limiting the supply of liquor licenses restricts competition and drives up prices and profits.

Preferences of Current Licensees. Of Brookline’s current liquor licensees queried, nearly all favored increasing the quota of pouring licenses. Current operators appreciated the renewed vitality of restaurant-weighty commercial districts such as Washington Square and had little concern with increased competition. Coolidge Corner operators expressed a desire to see more attractive businesses in their district. Washington Square operators expressed some concern that they were nearing the saturation point.

Current operators seemed to have little interest in the possibility that, if the quota were reached, their unrestricted license might take on a greater asset value as a saleable commodity. Of far greater concern to the licensees questioned was the possibility that they would seek to open another location within the Town and that they would have to pay a high premium to an existing licensee for their license. They expressed a fear that if the value of the licenses became too high, large chain operators would be the only ones to afford licenses resulting in fewer choices, originality, and diversity.

The Subcommittee recognized that current Brookline licensees, with proven track records and an intimate knowledge of the Town’s market and expectations, tend to be desirable candidates for future restaurant locations.

Recommendations

Based on the above findings, the Subcommittee voted to recommend that the Town, through legislative effort, seek to increase its quota of pouring liquor licenses. Representative Edward Coppinger’s office has reported that there are currently three legislative efforts pending that seek changes to the liquor license quota systems. HD 3371 (no bill number yet) filed by Rep. Arciero would allow Westford to get two additional liquor licenses. The bill specifically gives the addresses that would receive the licenses. S. 101 filed by Sen. Flanagan would reduce the population unit amount from 1,000 to 750 in determining the quota ratio. If passed, each municipality would get 1 license for every 750 people. S. 98 filed by Sen. Eldridge would allow municipalities to directly control the number of all liquor licenses allowed. It would strike and replace M.G.L. c. 138, sec. 17. In Board of Selectmen July 26, 2011 Page 12 of 26

The proposed Westford legislation would apply only to pouring licenses. The other legislative efforts would affect package store license quotas as well. Representative Coppinger’s office confirms the Subcommittee’s own assumption that increasing package store quota is a more controversial proposition than trying to give municipalities increased control over restaurant pouring licenses.

The Subcommittee discussed three ‘proposed reliefs’ which could be pursued.

First, the Town could concentrate on seeking additional licenses only for the two economic development sites which have been identified as likely locations for restaurants. As previously noted, this is an inefficient and an uncertain process. Moreover, it does nothing to assure that pouring licenses will be available for the benefit of other commercial districts within the Town.

Second, the Town could file home rule legislation with the General Court seeking additional ten or more liquor licenses. Additional license quota might be allocated on a district by district basis. For example, a specific number of new licenses for Washington Square, a specific number for Coolidge Corner, a specific number for Saint Mary’s, etc. These licenses would be non-transferable and could be granted by the Town only within defined geographical boundaries. This solution provides for continued economic growth and also provides some assurance that no one area of the Town will become over-saturated with pouring licensees.

The third relief is more radical. If the Town believes that the quota system truly is an outdated remnant of the post-prohibition era and that local government can best decide its own liquor licensing policy, then it might petition the General Court for the discontinuance of the quota system entirely. This would not necessarily mean the dissolution of the ABCC which serves purposes apart from the determination of license quotas.

Finally, the Subcommittee recommends that this report be submitted to the full Committee for its consideration and endorsements. Thereafter, the Subcommittee recommends that this report be submitted to the Board of Selectmen for their consideration and in the event that they concur with these findings, then there be a formulation of an action plan. There is reason to believe that other municipalities within the Commonwealth of Massachusetts will be supportive of the changes. It is recommended that the Town reach out to other communities and coordinate efforts through the Massachusetts Municipal Association.

Associate Town Counsel Patty Correa reviewed the recommended regulations:

Summary: Sale of Alcoholic Beverages Regulations, Board of Selectmen Town of Brookline

In Board of Selectmen July 26, 2011 Page 13 of 26

The Board of Selectmen for the Town of Brookline offers this summary of its Sale of Alcoholic Beverages Regulations to assist the public with understanding the Regulations. It provides a synopsis of the Regulations and refers to the relevant sections in brackets.1

By way of brief overview, under Chapter 138 of the Massachusetts General Laws, state and local government have shared responsibility and authority to issue liquor licenses, regulate licensed establishments, and impose sanctions for violations of applicable law. The Alcoholic Beverages Control Commission is the responsible state agency. In Brookline, the Board of Selectmen is the local licensing authority. Any person or business wanting a liquor license must apply to the Board for one. The Board may attach any term or condition to a license as may be consistent with applicable law. Besides applicable statutes, regulations and by-laws, applicable law includes the Town’s building, fire, zoning, health and sanitary codes. [A.1, A.2]

Policy:

• to provide for a reasonable number and variety of well-run establishments for the sale and service of food and drink • to regulate such establishments to ensure they are operated responsibly and do not detract from the quality of life in neighborhoods or in the Town as a whole, and specifically o to require that principals and managers are of sound character and are legally qualified o to ensure that in restaurants, the service of alcohol is a secondary service that supports the primary function of food service (note: Brookline does not license bars or taverns that serve only snacks) o to regulate hours to protect the quality of life in neighborhoods, while at the same time promoting a vibrant local restaurant community o to ensure server training and other conditions to support the responsible service of alcoholic beverages • to maintain strong and consistent enforcement of all liquor laws and regulations, through o regular inspections that will be conducted by the police o imposition of sanctions, such as suspension or revocation of a license, reduced hours, or other restrictive conditions, against violators. The Regulations have been enacted to achieve the above-summarized Policy. They have five sections:

Section A applies to all liquor licenses except temporary ones.

1 The Board of Selectmen has issued this summary as technical assistance only. In the event it conflicts with applicable law, applicable law governs. In Board of Selectmen July 26, 2011 Page 14 of 26

Section B applies to common victualler and innholder liquor licenses (liquor licenses for those licensed as restaurants or hotels). These are also called “Section 12 licenses” after the section of Massachusetts General Laws Chapter 138 governing them.

Section C applies to retail package store licenses. These are also called “Section 15 licenses” after the section of Chapter 138 governing them.

Section D applies to liquor licenses for private clubs that sell alcoholic beverages (these are also Section 12 licenses).

Section E applies to temporary licenses to sell alcoholic beverages under Section 14 of Chapter 138 (“Section 14 licenses”) and certain other temporary licenses, such as those given to non-profits to sell alcoholic beverages in connection with fundraisers. Section E also applies to permits to furnish (on a non-sale basis) alcohol on Town- owned property (including School Department property).

Section A: General Guidelines

This section of the Regulations applies to all restaurant, hotel, retail package store, and club licenses. [A.1]

In reviewing a license application, the Board considers whether the public need and the common good would be served by granting the application. [A.4] In doing so, the Board may examine [A.3, A.4, A.18]:

• the number and location of existing licenses • the sort of operation proposed • the qualifications of the applicant • the qualifications of the manager • any impact on noise or traffic • any potential harm • any failure to comply with laws and regulations • advisory reports from the Police, Fire, Building, and Health Departments and the Treasurer/Collector.

Applying for a License: Persons applying for a license must be United States citizens, 21 years of age or older, and of good character. If a corporation is the applicant, a majority of the directors must be U.S. citizens. [A.3]

The application must be truthful and complete. Filing fees and licensing fees must be paid promptly by certified check. [A.4] In Board of Selectmen July 26, 2011 Page 15 of 26

All applicants must show:

• a legal right to the licensed premises [A.4] • proof of U.S. citizenship and age [A.4] • a detailed description of the premises, including signage [A.7] • if serving food: o a menu and general description of the operations [A.4] o a plan for the control and elimination of litter [A.4] o appointment by its board of directors of a Manager (and, if desired, up to two Alternate Managers) who is a U.S. citizen, 21years of age or older, of character satisfactory to the Board, and who has full authority and control of the premises and the business. [A. 18]

Any applicant for renewal must show

• a description of any significant change in operations [A.4] • that all taxes and charges owed to the Town are paid on a current basis [A.8].

For multiple applications for or transfer of licenses, see A.5 and A.6.

Approval of Changes: Any license holder must apply to the Board for approval before undertaking any of the following:

• any structural changes to the premises (and the application for changes must include a detailed description) [A.7] • any changes in the alcohol service areas [A.7] • any physical change that increases seating capacity [A.7] • any rearrangement of the premises [A.7] • any change in corporate name, status, or trade name [A.9] • any change in Manager, Alternate Manager, or corporate directors [A.10] • other corporate transactions [A.10] • closing the business temporarily or permanently [A.11]. • Notifications: The licensee must immediately notify the Board in writing of

• bankruptcy and court proceedings [A.12] • foreclosures under assignment of stock [A.13]. Management responsibilities: The Manager is responsible for [A.18, A.22]:

• maintaining order and decorum • cooperating with Town Officials to ensure safe and orderly facilities • not permitting any illegal activities.

In Board of Selectmen July 26, 2011 Page 16 of 26

Cleanliness: All licensed premises must be maintained in a clean and sanitary condition in accord with the Health Department regulations. [A.30]

Noise: All licensed premises shall comply with Brookline’s Noise By-Law, which strictly controls noise between 10 p.m. and 7 a.m. (See Article 8.15 of the Town of Brookline By- Laws.) [A.31]

Lighting: All licensed premises must be lighted sufficiently to ensure the safety of the patrons and for the Board or its agents to make observations. [A.32]

Official access: The police may enter a licensed premise at any time to collect information relevant to enforcing applicable law, regulations, and by-laws. [A.14]

Documentation: Licensees must:

• keep a readily available up-to-date list of employees with their ages and documentation of the licensee’s Safe Service of Alcohol Policy and server training. [A.14, A.20, A.26, A.27] • display their licenses and permits [A.15] • not vary the occupancy certified by the Building Department [A.16].

Hours: The Board sets the hours of operation for the sale of alcoholic beverages, within the constraints established by Chapter 138. [A.17]

• No patrons may be on the premises at other times unless permitted by the licensee’s common victualler, innholder, club, or food vendor license. [A.17] • If it is necessary for an employee or contractor to be on the premises after the closing hour, the Manager may in some circumstances need to contact the Police. [A.19]

Non-Discrimination: No licensee shall engage in unlawful discrimination on the basis of race, color, national origin, creed, disability, sex, sexual orientation, or ancestry. [A.33]

Drinking by employees: No Manager or employee may consume any alcoholic beverages while on the premises. [A.21]

Minimum age, intoxication: No alcoholic beverages may be sold to anyone who is under twenty-one (21) years of age or intoxicated. [A.23]

• Proof of age requires valid identification. [A.24] In Board of Selectmen July 26, 2011 Page 17 of 26

• All licensees must post conspicuously an explanation of this prohibition and penalties for violation in the form distributed by the Alcoholic Beverages Control Commission. [A.25] • No employee under the age of 18 years old may handle, sell, mix or serve alcohol. [A.20] • Pricing: The price of any alcoholic beverage [A.28]:

• must be at least the actual cost • may not include a credit for an admission charge • may not be discounted for any particular hour(s) of the day or day(s) of the week. No minimum charge may be made for alcoholic beverages.

Donations: Donations of alcoholic beverages to be used as prizes in a game of chance are generally prohibited. [A.29]

Prohibited beverages: Consistent with state law, the Regulations prohibit any alcoholic beverage containing caffeine and any malt beverage containing guarana, taurine, gingko biloba, ginseng or any other stimulant. [A.34]

Sanctions: The Board may take action against the licensee for violation of the Regulations or other applicable law or a condition on the license. [A.35]

Section B: Common Vitualler and Innholder Licenses

This section of the Regulations pertains to licenses for restaurants and hotels that sell alcoholic beverages. Such licenses are also called “Section 12 licenses,” after the section of Chapter 138 governing them.

These licensees must also comply with Section A of the regulations. [B.1]

Applying for a license: In addition to meeting the requirements under Section A, applicants must: not have been convicted of violating a federal or state narcotics law [B.2]

• show proof of coverage under a sufficient liquor legal liability insurance policy [B.5] • show evidence that they are operating a licensed restaurant with food service in all areas where alcohol is served except for an approved waiting area [B.7] • request a separate entertainment license for any desired entertainment, including recorded music or television [B.15] In Board of Selectmen July 26, 2011 Page 18 of 26

• request any desired outdoor seating and service (which request the Board will evaluate by considering whether the proposed outdoor dining is safe and sanitary, and whether it would create a public nuisance) [B.6] • show, upon request, an annual financial report. [B.4]

The Board may also issue a seasonal license. [B.3]

Limits on Service of Alcoholic Beverages:

• No more than two alcoholic beverages per person may be served without food [B.7] • The use of pitchers and carafes is limited [B.8] • No service of drinks in containers of more than 16 ounces [B.8] • No more than one alcoholic beverage drink shall be served to a patron at one time [B.8] • No patron shall be served a fourth alcoholic beverage drink without the prior approval of the Manager [B.8] • All alcoholic beverages shall be served in open containers by TIPS or equivalent- certified employees directly to the patron [B.9] • No alcoholic beverages may be served over a counter except a counter with seating at which food service (not just snacks) is also available [B.9] • No alcoholic beverages served on the premises shall be allowed to be removed from the premises [B.9] • No patron shall be allowed to bring alcoholic beverages on the licensed premises for the purpose of consumption on such licensed premises. [B.9]

Hours: The Board sets the opening and closing hours based on the public need and the common good. [B.10]

• Consistent with state law, the Board may not restrict a licensee from being open between 11 a.m. and 11 p.m. on weekdays and Saturdays, and between noon and 11 p.m. on Sundays. • Consistent with state law, a licensee will not be permitted to sell alcohol earlier than 10 a.m. on Sundays and 8 a.m. on all other days, nor later than 2 a.m. • In Brookline, the hours for the sale and service of alcoholic beverages are restricted to the hours during which food service is available, with the exception of the last hour before the closing hour that is stated on the license. • “Last call” shall be at least one-half hour prior to the closing hour. All tables and bars must be cleared within one-half hour after the closing hour. • The Board shall not decrease a licensee’s hours until after a public hearing.

In Board of Selectmen July 26, 2011 Page 19 of 26

Bar Seats: The ratio of bar seats to table seats is subject to the review and approval of the Board. [B.8]

Tastings: A licensee may provide on-premises tastings of small sample drinks if served with food and the licensee does not solicit orders for off-premises consumption. [B.11]

Prices: Licensees must maintain a price schedule showing charges for all drinks and charge the stated price. [B.13]

Posting: All licensees must post the penalties for operating a motor vehicle under the influence of alcohol in the form distributed by the Alcoholic Beverages Control Commission. [B.14]

Entertainment: Any entertainment, including, television, or recorded music, requires a separate entertainment license from the Board. [B.15]

Clear View: Licensees may not obstruct a clear view of the interior of the licensed premises from the outside. [B.16]

Section C: Retail Package Store Licenses

This section of the Regulations pertains to retail package store licenses, which are also called “Section 15 licenses,” after the section of Chapter 138 governing them.

These licensees must also comply with Section A of the regulations. [C.1]

Applying for a license: In addition to meeting the requirements under Section A, the applicant must

• not have been convicted of a felony [C.2] • be a resident of Massachusetts. [C.2]

The premises may not be connected to a restaurant or club that sells alcoholic beverages. [C.3]

No one may have more than one retail package store license in Brookline or more than three in Massachusetts. [C.4]

Hours and Days: The Board sets a licensee’s opening and closing hours based on the public need and the common good. Consistent with state law, licensees will not be permitted to sell alcohol earlier than noon on Sundays and 8 a.m. on all other days, nor later than 11 p.m., except on days preceding a legal holiday, when the Board may permit a licensee to sell alcohol until 11:30 p.m. [C.5] In Board of Selectmen July 26, 2011 Page 20 of 26

Food Vendors: Any business with a retail package store license that also holds a food vendor or common victualler license may not expose alcoholic beverages for sale during hours or days when it is not licensed to sell alcoholic beverages. [C.6]

Consumption and Tastings: Alcoholic beverages must not be sold to be drunk on the premises, except that licensees may provide without charge on their premises certain sample tastings. [C.7]

Pricing and Packaging: Licensees must conspicuously post the price list of alcoholic beverages. Sales must be made only in the original package. [C.8]

Posting: Licensees must post the penalties for operating a motor vehicle while drinking from an open container in the form distributed by the Alcoholic Beverages Control Commission. [C.9]

Deliveries: Licensees must keep a written log of everyone to whom alcoholic beverages are delivered outside of the premises. All deliveries must be made in vehicles permitted by the Alcoholic Beverages Control Commission and by persons at least 21 years of age who have received training and certification as required by Section A.24. [C.10]

Seating and Tables: No seating or tables for customers are allowed except as permitted by the Board. [C.11]

“Nips”: “Nips” may be sold only from a location that is not accessed directly by customers, such as behind a counter. [C.12]

Section D: Club Licenses

This section pertains to licenses for private clubs that sell alcoholic beverages. Like restaurant and hotel liquor licenses, private club liquor licenses are also “Section 12 licenses.”

These licensees must also comply with all the regulations in Section A and the following regulations in Section B: [D.1]

B.2 Qualified Applicants

B.3 Seasonal Licenses

B.5 Required Insurance

B.6 Service and Consumption Limited to Approved Areas / Outdoor Seating

B.8 Service of Alcoholic Beverages Limited In Board of Selectmen July 26, 2011 Page 21 of 26

B.13 Price Schedules

B.14 Required Posting

B.15 Entertainment

B.16 Clear View of Premises’ Interior

Applying for a license: In addition to meeting the requirements under Section A, the applicant must not have been convicted of violating a federal or state narcotics law. [D.2]

Hours and Service on Premises: The provisions regarding the hours of sales and service on the premises are the same as those in Section B pertaining to restaurants and hotels, with the exception of the food service requirement. [D.3, D.4]

List of Officers, Members and Employees: Annually, the licensee must submit to the Board the names and residences of all the club’s directors or officers, members, and employees [D.5]

Guests: Licensees must maintain a book with the name of each guest and the accompanying member. Only members and guests may be served alcoholic beverages. [D.6, D.7]

Section E: Temporary Licenses to Sell Alcohol and Permits to Serve Alcohol on Town or School Property

This section of the Regulations pertains to licenses to sell alcohol on a time-limited basis (such as licenses issued pursuant to Section 14 of the Massachusetts General Laws, farmer- winery licenses, and certain other temporary licenses, such as those issued to non-profits in connection with fund-raisers).

This section also pertains to permits to serve alcohol (on a non-sale basis) on any town- owned property.

Temporary licenses and permits are subject to compliance with the following regulations in Section A: [E.1]

A.2 Legislative Authority / Compliance with Laws, Regulations, By-Laws and Conditions A.3 Qualified Applicants (except that U.S. citizenship requirements are applicable only to applicants for certain types of temporary licenses) A.14 Access to Premises, Inspections, Required Documentation on Premises, and Requests for Information by the Board and its Agents A.15 Display of Licenses and Permits A.16 Occupancy A.21 Employee Consumption Prohibited In Board of Selectmen July 26, 2011 Page 22 of 26

A.22 No Disorder, Disturbance, or Illegality on Licensed Premises A.23 Service Prohibited to Certain Individuals A.24 Identification Cards A.28 Charge for Alcoholic Beverages A.32 Interior Lighting A.33 Discrimination A.34 Prohibited Beverages

and the following regulation in Section B: [E.1]

B.8 Service of Alcoholic Beverages Limited.

Types of Temporary Licensees: The Board may grant a temporary license

• to the manager of a non-profit organization for the sale of any alcoholic beverage [E.2] • to the manager of any activity for the sale of wine and malt beverages only [E.2] • for the sale of wine and malt beverages in dining halls maintained by degree- granting educational institutions [E.2] • to a farmer-winery for an agricultural event [E.3] • to a charity selling donated wine to be drunk on premises [E.4.a] • to a charity selling together with a common victualler, innholder, and/or club primarily for charitable purposes wine to be drunk on the premises [E.4.b] • to a charity auctioning donated wine to be drunk off premises [E.4.c] • to a retail package store auctioning wine to be drunk off premises. [E.4.d]

Requirements for Applications and Fees: See Section E.8. In addition:

• No one who has applied for or been granted a Section 12 or Section 15 liquor license may receive a Section 14 temporary license. [E.2] • No applicant may receive a Section 14 temporary license or licenses for more than an aggregate of 30 days in a calendar year, with the exception of educational institution dining halls. [E.2] • The Board may decline to consider any application filed less than 21 days before the event. [E.8]

Manager: A responsible manager shall be physically present at all times. [E.6] Hours: The Board specifies the permitted hours consistent with the public need and common good, with certain other limitations identified in the sections pertaining to the various types of temporary licenses and permits. [E.2]

Minimum Age/ Intoxicated Persons: No sales or service may be made to persons who are under 21 years of age or intoxicated. [E.7] In Board of Selectmen July 26, 2011 Page 23 of 26

Areas: No sales or storage of alcoholic beverages are permitted except in areas specified in the temporary license or permit. [E.9]

Tastings: Farmer-wineries may offer tastings. Tastings are otherwise prohibited. [E.10]

Authorized Suppliers: Any alcoholic beverages sold under a Section 14 temporary license must have been purchased from certain types of ABCC-licensed businesses. [E.11]

Town Property: The Board may grant a temporary permit to furnish alcoholic beverages on Town property (non-sales; sales require a temporary license rather than a permit). [E.5]

Those using Town property must comply with all Town laws, regulations, and guidelines. [E.12]

Denials: The Board may deny a request for a temporary license or permit to furnish alcohol on Town property if [E.13]

• a public disturbance or annoyance may be created • the public welfare, convenience or necessity will not be served • it is not satisfied that the applicant will comply with applicable laws, procedures or guidelines.

The Board will review this, and formally present it at a later meeting.

COMMON VICTUALLER INCREASE IN HOURS

The Board considered the question of approving the application of Number 2, d/b/a Coolidge Corner Clubhouse, Andrew Pomper, holder of an all kinds of Alcoholic Beverages license as a Common Victualler at 307 Harvard Street, for an increase in hours as follows:

FROM: Sunday 12N-2am Monday-Saturday 8am-2am

TO: Sunday 10am-2am Monday-Saturday 8am-2am

Attorney Adam Brodsky representing the applicant stated that this requests stems from new regulations allowing increased “Sunday Brunch” liquor hours. All papers are in order.

On motion it was unanimously, In Board of Selectmen July 26, 2011 Page 24 of 26

VOTED: To approve the application of Number 2, d/b/a Coolidge Corner Clubhouse, Andrew Pomper, holder of an all kinds of Alcoholic Beverages license as a Common Victualler at 307 Harvard Street, for an increase in hours as follows:

FROM: Sunday 12N-2am Monday-Saturday 8am-2am

TO: Sunday 10am-2am Monday-Saturday 8am-2am

LIQUOR – CHANGE IN MANAGER

The Board considered the question of approving the application of Isora, LLC. d/b/a Washington Square Tavern, holder of an All Kinds of Alcoholic beverages license as a Common Victualler at 714 Washington Street for a change in Manager as follows:

FROM: Joshua Sherman TO: Alma Finnegan

Selectman Goldstein recused himself; his law firm has represented the applicant in the past.

Attorney Joe Hanley representing the applicant stated that the applicant is a co- owner of the establishment and has been working there for many years.

On motion it was unanimously,

VOTED: 3-0 To approve the application of Isora, LLC. d/b/a Washington Square Tavern, holder of an All Kinds of Alcoholic beverages license as a Common Victualler at 714 Washington Street for a change in Manager as follows:

FROM: Joshua Sherman

TO: Alma Finnegan

Selectman Goldstein returned

CHANGE OF LOCATION

Public Hearing on the application of Chestnut Hill Group LLC, d/b/a Wine Gallery, Igor Ostrovsky, holder of a license to expose, keep for sale, and sell all kinds of alcohol beverages as a retail packaged goods store at 371 Boylston Street for a change of location to 400 Washington Street. In Board of Selectmen July 26, 2011 Page 25 of 26

Attorney Joe Hanley, representing the applicant stated that this is a request to change location. The business will remain the same. He added that the new location will be next to the CVS at Washington Street and Cypress Street. CVS had been prohibited from taking that space.

Selectman Goldstein expressed concern about the new location. He asked if the zoning at the location permits this applicant to be located there. Chairman DeWitt replied that the paperwork includes approval from the Building Commissioner. Selectman Goldstein acknowledged this, but nevertheless would like the record to state that the Selectman are only voting on a change of location for an all kinds of alcohol beverages as a retail packaged store, they are not addressing whether the location is permissible under zoning regulations.

Tauby Warriner, Washington Street spoke in favor of the application. She feels it will improve the storefront and be a welcome addition to the neighborhood.

Bruce Clark, Washington Street spoke in favor of the application. He is a customer at its current location and they run a clean and friendly establishment.

On motion it was unanimously,

VOTED: 4-0 To approve the application of Chestnut Hill Group LLC, d/b/a Wine Gallery, Igor Ostrovsky, holder of a license to expose, keep for sale, and sell all kinds of alcoholic beverages as a retail packaged store at 371 Boylston Street for a change of location to 400 Washington Street.

INCREASE IN SEATING

Public Hearing on the application of Sunset Cantina Management, d/b/a Sunset Cantina, Gerald Kadish, President, holder of an all kinds of alcoholic beverage, entertainment license as a Common Victualler at 916 Commonwealth Avenue to add an additional 46 seats to the newly allotted space.

Attorney Diane Gordon introduced the applicant. Applicant Mark Kadish stated that the adjourning storefront has become available and the expansion will provide much needed space for the restaurant. He anticipates that he may add an additional 4-5 employees to accommodate the increase in seating.

On motion it was unanimously,

VOTED: To approve the application of Sunset Cantina Management, d/b/a Sunset Cantina, Gerald Kadish, President, holder of an all kinds of alcoholic beverages license as a Common Victualler at 916 Commonwealth Avenue to add an additional 46 seats to the newly allotted space. In Board of Selectmen July 26, 2011 Page 26 of 26

WINE AND MALT PACKAGE STORE

Public Hearing on the application of Terra Vino, Christopher Carbone, Owner, for a license to Expose, Keep for Sale and to Sell Wine and Malt beverages as a Retail Package Goods Store at 234 Harvard Street.

Applicant Christopher Carbone stated that he is planning to open a specialty wine shop in Coolidge Corner. The products will be organic, providing an alternative in the area. The business will be a “green” retail shop as well.

Arnold Blake, Longwood Ave stated that he received a registered letter about this application. He feels that this is an unnecessary cost and burden to applicants, especially when trying to start a business. Chairman DeWitt noted that this is a State requirement; however, the Town is reviewing the notification process for other business matters.

On motion it was unanimously,

VOTED: To approve the application of Terra Vino, Christopher Carbone, Owner, for a license to Expose, Keep for Sale and to Sell Wine and Malt beverages as a Retail Package Goods Store at 234 Harvard Street.

There being no further business, the Chair adjourned the meeting at 9:10 p.m.

ATTEST

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date. 4a. agreement /letter to TA from SCirillo 5. email from M Oates to Ta/ 6. applications/resumes 7.draft policy/quota report 8.application 9. application 10. application 11. application 12. application 13. minutes June 28, July 12 14.memo from Chief Oleary to TA/letter to Chief O’Leary from Comm of Mass 15.letter to BOS from Planning Dept/agreement 16. application 17. application 18.letter to TA from TCR Environmental Corps/email for KBrewton to TAritcle of title,order of taking/email from TC to TA

In Board of Selectmen August 9, 2011 6th Floor Hearing room

Present: Chairman Betsy DeWitt, Selectmen Nancy Daly, Jesse Mermell Richard Benka and Kenneth Goldstein

The Minutes of July 26 were approved as amended.

In Board of Selectmen August 9, 2011 Page 2 of 17

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary In Board of Selectmen August 9, 2011 Page 3 of 17

screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Goldstein

Benka absent for roll call Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen August 9, 2011 Page 4 of 17

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

Town Administrator Mel Kleckner stated that Moody’s has put the Town on notice that it’s AAA bond rating is being put on a watch list along with several other communities, due to the current economic situation. Mr. Kleckner has learned that some communities are exempt and is interested in finding out the basis of that. Should the Town’s bond rating drop, it could result in significant cost increases on upcoming capital projects. The Board is in opposition of this and feels that there is no basis to drop Brookline’s rating.

Mr. Kleckner also spoke briefly on the current stock market upset and will be watching the pension fund.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

June Roberts, a Trustman Apartments resident spoke about unhealthy air quality there during renovations. The Board directed her to the Brookline Housing Authority.

AUTHORIZATION TO PURCHASE

The Board considered the question of authorizing Director of Health and Human Services Alan Balsam to purchase two sets of accessibility ramps for $1,320.00. Said ramps to be funded from account 5195SH27 5A0013.

Eileen Berger from the Brookline Commission for the Disabled stated that these ramps are very durable, light and portable. The Health Department will be the custodian of the ramps and lend them out to residents requesting them on a short term basis. The intent is that they will be used by disabled people to visit friends, family, restaurants and other places that are not easily accessible for them.

Ms. Berger updated the Board on an upcoming local cable show that will inform residents on local services relating to disabilities.

On motion it was unanimously,

In Board of Selectmen August 9, 2011 Page 5 of 17

VOTED: To authorize Director of Health and Human Services Alan Balsam to purchase two sets of accessibility ramps for $1,320.00. Said ramps to be funded from account 5195SH27 5A0013.

CONTRACT

The Board considered the question of approving and executing a contract with Viking Controls in the amount of $78,475.00 in connection with the Energy Management System at the New Lincoln School. Said contract to be funded as follows:

2512K010 6E0052 $75,000 2512K002 6E0014 $ 3,475

Director of Public Buildings Charlie Simmons stated that this was a competitive bidding process, and the Town has worked with Viking Controls before.

On motion it was unanimously,

VOTED: To approve and execute a contract with Viking Controls in the amount of $78,475.00 in connection with the Energy Management System at the New Lincoln School. Said contract to be funded as follows:

2512K010 6E0052 $75,000 2512K002 6E0014 $ 3,475

CONTRACT

The Board considered the question of approving and executing a Contract in the amount of $67,705.00 with SRC Roofing, Inc. of Quincy for Roof Repairs at the Old Lincoln School. Said contract to be funded from account 2510K047 6B0105.

Program Administrator Tony Guigli stated that this contract includes roof repairs, chimney re-pointing and an attic door replaced at the Old Lincoln School.

On motion it was unanimously,

VOTED: To approve and execute a Contract in the amount of $67,705.00 with SRC Roofing, Inc. of Quincy for Roof Repairs at the Old Lincoln School. Said contract to be funded from account 2510K047 6B0105.

In Board of Selectmen August 9, 2011 Page 6 of 17

CHANGE ORDERS

The Board considered the question of approving the following Change Orders for work to be performed by G&R Construction in connection with the Runkle School Renovations project. Said change orders to be funded from account 2594C165 6C0002:

Change Order #9 $47,190 Concrete Pad/Drain/debris Removal, etc.

Change Order #10 $47,481 Structural Steel Changes To Roof

Change Order #11 $28,827 Misc Structural Changes

Program Administrator Tony Guigli stated that they are 50% into the change order contingency, and about 30% in to construction. This project has some unforeseen issues that need to be addressed. Selectman Goldstein asked if change order #10 had to do with a flaw in the design. Mr. Guigli replied that they may be looking into all change orders to evaluate them in great detail at a later date. There may be some charge backs at the end of the project.

On motion it was unanimously,

VOTED: To approve the following Change Orders for work to be performed by G&R Construction in connection with the Runkle School Renovations project. Said change orders to be funded from account 2594C165 6C0002:

Change Order #9 $47,190 Concrete Pad/Drain/debris Removal, etc.

Change Order #10 $47,481

Structural Steel Changes To Roof

Change Order #11 $28,827 Misc Structural Changes

Selectman Mermell stepped out In Board of Selectmen August 9, 2011 Page 7 of 17

CONTRACT

The Board considered the question of awarding and executing Contract No. PW/12- 08 “Repair of Bituminous Concrete Patches” in the amount of $198,802.77 to Mario Susi & Sons, Inc/Susi Brothers LLP of Dorchester. Said contract to be funded as follows:

4911K058 6H0026 $178,802.77 Street Rehab 4912K073 6P0044 $ 20,000.00 Town/School Grounds

Public Works Commissioner Andy Pappastergion stated that this is an annual contract for ongoing repairs. Selectman Goldstein asked about the recently purchased paving equipment, and if that was intended to relieve some of this work. Mr. Pappastergion replied that is used for temporary hot patching, this contract is for permanent pavings.

On motion it was unanimously,

VOTED: To award and execute Contract No. PW/12-08 “Repair of Bituminous Concrete Patches” in the amount of $198,802.77 to Mario Susi & Sons, Inc/Susi Brothers LLP of Dorchester. Said contract to be funded as follows:

4911K058 6H0026 $178,802.77 Street Rehab 4912K073 6P0044 $ 20,000.00 Town/School Grounds

CONTRACT

The Board considered the question of awarding and executing Contract No. PW/11- 28 “Repair of Cement Concrete Sidewalks in the amount of $221,390.30 retroactive to June 14, 2011 to BTB Construction of Walpole. Said Contract to be funded as follows:

4911K058 6H0026 $217,004.45 Street Rehab 4908K058 6H0026 $ 3,090.00 Street Rehab 4906K058 6H0026 $ 1,395.85 Street Rehab

Public Works Commissioner Andy Pappastergion stated that this contract is funded out of the capital budget. Selectman Daly asked if special attention could be made in the In Board of Selectmen August 9, 2011 Page 8 of 17

Washington Square area. The sidewalks there need attention. Selectman Goldstein added Tully Street; the sidewalks there are in poor condition. Mr. Pappastergion took note.

On motion it was unanimously,

VOTED: To award and execute Contract No. PW/11-28 “Repair of Cement Concrete Sidewalks in the amount of $221,390.30 retroactive to June 14, 2011 to BTB Construction of Walpole. Said Contract to be funded as follows:

4911K058 6H0026 $217,004.45 Street Rehab 4908K058 6H0026 $ 3,090.00 Street Rehab 4906K058 6H0026 $ 1,395.85 Street Rehab

Selectman Mermell returned

ENVIRONMENTAL REVIEW RECORD

The Board considered the question of executing the Environmental Review Record for the use of FY2012 Community Development Block Grant funds.

Assistant Planning and Community Development Director Joe Viola stated that this Environmental Review Record is required in order to release CDBG funds.

On motion it was unanimously,

VOTED: To execute the Environmental Review Record for the use of FY2012 Community Development Block Grant funds.

FY2012 CDBG SUB-RECIPIENT AGREEMENTS:

The Board considered the question of approving and authorizing the Chairman to execute the following FY2012 CDBG Sub-recipient Agreements:

Department of Planning and Community Development Affordable Housing $359,878.00 1899G011 558084

CD Grant Administration $168,599.00 1801G012 510101

In Board of Selectmen August 9, 2011 Page 9 of 17

CD Comprehensive Planning $ 58,782.00 1804G012 510101

Preservation Planning $ 65,103.00 1808G012 510101

Housing Division $279,075.00 1805G012 510101

Council On Aging Home Escort Linkage Program $ 5,000.00 1872G012 510101

Brookline Elder Taxi System $ 34,700.00 1824G012 510101 1824G012 558035

Job Opportunities-Elders $ 12,640.00 1815G012 510901

Brookline Community Mental Health Center

BCMHC Comprehensive $ 27,500.00 Services for Children/Families 1813G012 524016

BCMHC Adolescent Outreach $ 36,500.00 1843G012 524016

Brookline Housing Authority BHA – Accessible Apartments $272,250.00 1807G012 558008

Assistant Planning and Community Development Director Joe Viola stated that the following agenda items have previously been reviewed as part of the CDBG budget planning.

On motion it was unanimously,

VOTED: To approve and authorize the Chairman to execute the following FY2012 CDBG Sub-recipient Agreements:

In Board of Selectmen August 9, 2011 Page 10 of 17

Department of Planning and Community Development

Affordable Housing $359,878.00 1899G011 558084

CD Grant Administration $168,599.00 1801G012 510101

CD Comprehensive Planning $ 58,782.00 1804G012 510101

Preservation Planning $ 65,103.00 1808G012 510101

Housing Division $279,075.00 1805G012 510101

Council On Aging

Home Escort Linkage Program $ 5,000.00 1872G012 510101

Brookline Elder Taxi System $ 34,700.00 1824G012 510101 1824G012 558035

Job Opportunities-Elders $ 12,640.00 1815G012 510901

Brookline Community Mental Health Center

BCMHC Comprehensive $ 27,500.00 Services for Children/Families 1813G012 524016

BCMHC Adolescent Outreach $ 36,500.00 1843G012 524016

Brookline Housing Authority

BHA – Accessible Apartments $272,250.00 1807G012 558008

In Board of Selectmen August 9, 2011 Page 11 of 17

CDBG-R TRANSFER

The Board considered the question of approving the following CDBG-R transfer of funds:

From: Street Rehab $ 4,332.00 4995 SG49 6H0026 Roberts Street $16,656.23 4995 SG49 6H0029

To: Energy Efficiency $20,988.23 1720 SG49 6E0073

Assistant Planning and Community Development Director Joe Viola stated that these two projects have finished and closed out under the estimated cost. These funds will provide energy efficiency improvements to a property on Boylston Street owned by the Brookline Improvement Coalition.

On motion it was unanimously,

VOTED: To approve the following CDBG-R transfer of funds:

From: Street Rehab $ 4,332.00 4995 SG49 6H0026 Roberts Street $16,656.23 4995 SG49 6H0029

To: Energy Efficiency $20,988.23 1720 SG49 6E0073

CONSOLIDATED PLAN GRANT AGREEMENT

The Board considered the question of authorizing the Chairman to execute the Consolidated Plan Grant Agreement between the Town and the Department of Housing and Urban Development (HUD) for FFY2011 Community Development Block Grant Funds.

Assistant Planning and Community Development Director Joe Viola stated that this is an acknowledgment that HUD has received and reviewed the CDBG Consolidated Plan.

On motion it was unanimously, In Board of Selectmen August 9, 2011 Page 12 of 17

VOTED: To authorize the Chairman to execute the Consolidated Plan Grant Agreement between the Town and the Department of Housing and Urban Development (HUD) for FFY2011 Community Development Block Grant Funds.

NSTAR EASEMENT

The Board considered the question of authorizing Town Administrator Melvin Kleckner to sign on behalf of the Town, in Jeff Levine's absence, a subordination of its mortgage for 2-8 Olmsted Hill Road, as approved by Town Counsel, in order to permit an NSTAR Easement for Electric Service.

Housing Development Manager Fran Price stated that this is a standard request to allow the installation of utilities at Olmstead Hill Rd.

On motion it was unanimously,

VOTED: To authorize Town Administrator Melvin Kleckner to sign on behalf of the Town, in Jeff Levine's absence, a subordination of its mortgage for 2-8 Olmsted Hill Road, as approved by Town Counsel, in order to permit an NSTAR Easement for Electric Service.

GRANT

The Board considered the question of accepting the FY2012 State 911 Department Training Grant from the Executive Office of Public Safety and Security in the amount of $32,917.00 to be used to fund the costs associated with the training of Public Safety Dispatches.

On motion it was unanimously,

VOTED: To accept the FY2012 State 911 Department Training Grant from the Executive Office of Public Safety and Security in the amount of $32,917.00 to be used to fund the costs associated with the training of Public Safety Dispatches.

GRANT

The Board considered the question of accepting the FY2011 Pedestrian, Bicycle and Moped-Type Safety Enforcement and Equipment Grant in the amount of $7,500.00 from the Executive Office of Public Safety and Security’s Highway.

Chief O’Leary stated that this grant will be used to increase patrols in the late part of August and the whole month of September in the busy sections of Brookline. In Board of Selectmen August 9, 2011 Page 13 of 17

The Board discussed bicycle safety and enforcement of traffic laws. The Chief stated that it is difficult to issue citations to cyclists because they are not required to carry identification. There is no recourse on an unpaid ticket. The Board acknowledged that vehicles and bicycles need to share the roadways safely.

On motion it was unanimously,

VOTED: To accept the FY2011 Pedestrian, Bicycle and Moped-Type Safety Enforcement and Equipment Grant in the amount of $7,500.00 from the Executive Office of Public Safety and Security’s Highway.

TEMPORARY AN ALL KINDS OF ALCOHOLIC BEVERAGES PERMIT

The Board considered the question of granting a temporary All Kinds of Alcoholic beverages permit (no-sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

Wedding August 27th 5:30 pm – 11:00 pm

Wedding September 2nd 5:30 pm – 11:00 pm On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic beverages permit (no-sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street: Wedding August 27th 5:30 pm – 11:00 pm

Wedding September 2nd 5:30 pm – 11:00 pm

TEMPORARY WINE AND MALT BEVERAGES PERMIT

The Board considered the question of granting a temporary Wine and Malt beverages permit (no-sale) to Brookline Access Television in connection with the following events to take place at 46 Tappan Street (Top Floor):

Open House September 13th 6pm-8pm

Art Reception September 15th In Board of Selectmen August 9, 2011 Page 14 of 17

6pm-8pm On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages permit (no-sale) to Brookline Access Television in connection with the following events to take place at 46 Tappan Street (Top Floor):

Open House September 13th 6pm-8pm

Art Reception September 15th 6pm-8pm

TEMPORARY WINE AND MALT BEVERAGES PERMIT

The Board considered the question of granting a temporary Wine and Malt beverages permit (no-sale) to Photographic Resource Center in connection with the following events to be held at 808 Commonwealth Avenue:

Reception October 13th 6:30pm – 10:00pm

Reception October 15th 5:00pm -11:00pm

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages permit (no-sale) to Photographic Resource Center in connection with the following events to be held at 808 Commonwealth Avenue:

Reception October 13th 6:30pm – 10:00pm

Reception October 15th 5:00pm -11:00pm

TEMPORARY WINE AND MALT BEVERAGES PERMIT

The Board considered the question of granting a temporary Wine and Malt beverages permit (no-sale) to Pine Manor College in connection with a 100th Birthday Party to be held on September 17th from 1pm-4pm at 400 Heath Street.

In Board of Selectmen August 9, 2011 Page 15 of 17

On motion it was unanimously,

VOTED: To grant a temporary Wine and Malt beverages permit (no-sale) to Pine Manor College in connection with a 100th Birthday Party to be held on September 17th from 1pm-4pm at 400 Heath Street.

PINE STREET INN

Lyndia Downie, Executive Director of the Pine Street Inn appeared to thank the Town for its assistance in preserving the permanent affordable single room occupancy housing at 1043-1045 Beacon Street.

Ms. Downie, thanked the Board for the Town’s support over the years. In 1984, Pine Street Inn opened its first affordable housing in Brookline. In recent years, the Town obtained grants in order to make repairs and renovations on the property. The Pine Street Inn is thankful for the support and partnership that the Town has provided over the years, and presented the Board and the Planning and Community Development’s housing staff with a framed photograph of the Beacon Street property.

HOUSING TRUST FUND

The Board considered the question of increasing the Housing Trust loan to the Brookline Housing Authority for redevelopment costs associated with its Dummer Street project at Trustman Apartments by $158,850

a. Question of authorizing Director of Planning and Community Development Jeff Levine, or his designee, to sign, on behalf of the Town, any required documentation approved by Town Counsel related to such loan.

Housing Advisory Board Chair Roger Blood stated that this project will have 32 affordable rental units. HAB tries to funnel as much Federal funding into projects as they can before turning to the Housing Trust Fund. Housing Development Manager Fran Price added that typically CDBG funds cannot be used for construction purposes, CDBG funds could be used at a later date for site preparation.

On motion it was unanimously,

VOTED: To increase the Housing Trust loan to the Brookline Housing Authority for redevelopment costs associated with its Dummer Street project at Trustman Apartments by $158,850.

In Board of Selectmen August 9, 2011 Page 16 of 17

VOTED: To authorize Director of Planning and Community Development Jeff Levine, or his designee, to sign, on behalf of the Town, any required documentation approved by Town Counsel related to such loan.

The Board took a moment to thank Brian Cloonan, Director of Brookline Housing Authority for his many years of service. Mr. Cloonan plans to retire in the near future.

BOARDS AND COMMISSIONS

The following candidates for appointment/reappointment to Boards and Commissions will appear for interview:

Advisory Council on Public Health Dr. Anthony Schlaff

Board of Appeals Christopher Hussey

Advisory Council on Public Health -Dr. Anthony Schlaff is applying for re-appointment. He is a Professor at Tufts University, overseeing the public health program. Dr. Schlaff also works in substance abuse and would like to focus on educating the community on prescription drugs and its proper disposal.

Board of Appeals -Christopher Hussey is applying for re-appointment. Mr. Hussey is an Associate Member of the ZBA, applying for a full member appointment. He is an architect having worked on residential, commercial, institutional, historic, and municipal projects over the years. Mr. Hussey has served on several Brookline Boards in the past.

GREEN COMMUNITIES GRANT

The Board considered the question of approving and executing a Green Communities Grant application.

Assistant Town Administrator Melissa Goff stated that the Town is now eligible to apply for $215,050 in grant funding for energy efficiency and renewable energy projects. The Town became eligible to apply due to the recent Green Community Designation.

Selectman Mermell added that Climate Action Brookline is in support of the application, however, they have not met yet to officially endorse it.

On motion it was unanimously, In Board of Selectmen August 9, 2011 Page 17 of 17

VOTED: To approve and execute a Green Communities Grant application.

There being no further business, the Chair adjourned the meeting at 8:45 p.m.

The following agenda item documents were included in the Board of Selectmen’s packets. Packets are located in the Selectmen’s Office by meeting date.

6. memo from rblood to bos 7.applications/resumes 9. memo from mgoff to bos 10. July 26 minutes 12.email from eberger to rbenka ,TA,TC,abalsam 13. memo from csimmons to bos 14. email from Tguilgi to bos/contract coding form/copy contract 15. email from Tguilgi/ch form/co 16. letter to bos from dpw commissioner/contract code form/contract specs 17. letter to bos from dpw commissioner/contract code form/contract specs 18.ER statement /application 19. memo to bos from glewiscdbg docs 20.memo from glewis to ta 21.letter to Bdewitt from HUD/agreement 22.email for m TC to bos 23. memo from chief oleary to TA/letter to chief oleary from Comm of mass 23a. letter from comm. Of mass to chief oleary/memo to TA from chief oleary 24. application 25.application 26. application 27. application

In Board of Selectmen August 30, 2011 6th Floor Hearing Room

Present: Chairman Betsy DeWitt, Selectmen Jesse Mermell, Richard Benka and Kenneth Goldstein.

The Minutes of August 9, 2011 were approved.

In Board of Selectmen August 30, 2011 Page 2 of 16

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

In Board of Selectmen August 30, 2011 Page 3 of 16

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Mermell Benka

Goldstein absent for roll call

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen August 30, 2011 Page 4 of 16

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community interest.

The Town of Brookline is planning a memorial ceremony to honor the tenth anniversary of 9/11 on Sunday morning, September 11, 2011 at 9:00AM at the Babcock Street Fire Station. The program will last about an hour to coincide with the 9:59 AM fall of the first tower at the World Trade Center in New York. The event will also include the dedication of a bench in memory of Manny Del Valle, a New York City firefighter and Brookline High School alumnus of the Class of 1988.

Chief O’Leary, Chief Green and Commissioner Pappastergion updated the Board on the events of hurricane Irene. The Emergency Operations Plan was prepared and followed through. Through the efforts of the Public Safety Division, the Department of Public Works, the Emergency Task Force, the Town was able to respond quickly and efficiently to emergency situations. The Board acknowledged the quick and effective response and noted Town Arborist Tom Brady and Highway Director Kevin Johnson for their service.

FIRE DEPARTMENT – COMMENDATIONS

The following Firefighters appeared to receive commendations:

Lt. Kyle McEachern Lt. Paul Trahon FF Christine Hagerty FF Philip Buckley FF Patricia Cripe FF Frederick Johnston FF Marcus Paes FF Craig Campagna FF Paul Dubrow

Chief Green outlined for the Board the events that occurred on March 29, 2011 where a dwelling was on fire, and a resident was found unresponsive. Due to a well led, timely and aggressive interior attack, a life was saved and property damage held to a minimum. Chief Green made note that FF Johnston has previously received National and Local recognition for outstanding firefighting duties.

Chief of Operations Michael O’Reilly presented a detail of events as submitted by Lt. McEachern, and Deputy Chief Ward. The fire was contained and extinguished and the resident was resuscitated and saved.

The Board commended the recipients for their heroic actions not only on this event, where a life was saved, but for their everyday service to the community.

In Board of Selectmen August 30, 2011 Page 5 of 16

PUBLIC SAFETY – PERSONNEL

The Board considered the question of authorizing the filling of a vacancy in the position of Emergency Telecommunication Dispatcher (ETD-1) in the Police E911 Dispatch Division.

Chief O’Leary stated that the current employee is in the process of seeking a dispatch position with the City of Boston. Should this be achieved, the position will need to be filled immediately due to the nature of the position. This prior approval will allow time to post and recruit for the position.

On motion it was unanimously,

VOTED: To authorize the filling of a vacancy in the position of Emergency Telecommunication Dispatcher (ETD-1) in the Police E911 Dispatch Division.

GRANT OF LOCATIONS

Public Hearing on the petition of NStar Electric for permission to construct and a location for, such a line of conduits and manholes with the necessary wires and cables therein under the following public ways:

Bowker Street - Northwesterly @ Kent Street a distance of 657 feet-conduit – Install three (3) new manholes (MH29427, MH29426, MH29425

Kent Street - Northwesterly @ Bowker Street a distance of 23 feet – conduit MH8587

Toxteth Street - At Bowker Street – Install one (1) new manhole MH29428

Director of Engineering Peter Ditto stated that NStar will replace the manholes and all the conduits on Bowker Street. This includes streetlights.

On motion it was unanimously,

VOTED: To grant the petition of NStar Electric for permission to construct and a location for, such a line of conduits and manholes with the necessary wires and cables therein under the following public ways:

Bowker Street - Northwesterly @ Kent Street a distance of 657 feet-conduit – Install three (3) new manholes (MH29427, MH29426, MH29425

Kent Street - Northwesterly @ Bowker Street a distance of 23 feet – conduit MH8587 In Board of Selectmen August 30, 2011 Page 6 of 16

Toxteth Street - At Bowker Street – Install one (1) new manhole MH29428

BOARDS AND COMMISSIONS

The following candidates for appointment/reappointment to Boards and Commissions will appear for interview:

Economic Development Advisory Board Clifford Brown Paul Saner David Noe

Clifford Brown – is a new applicant. Mr. Brown works in the finance area of the insurance industry. His background includes investment management, municipal finance, and real estate investment. He holds a Bachelor of Science in Economics, and a Masters of Business Administration in Finance. Mr. Brown is a Town Meeting Member in Precinct 14, and is involved in recreation programs.

Paul Saner-is a new applicant. He served many years on EDAB, and has decided to continue his service. Mr. Saner has experience in finance, business, real estate, and non- profit management, making EDAB a good fit for him. He has worked on Tax Classification, Fisher Hill, the Red Cab site, and the Zoning By-Law review. He holds a Bachelor of Arts in Economics and a Masters of Business Administration in Finance. Mr. Saner is a Town Meeting Member in Precinct 13.

David Noe - is applying for re-appointment. He has been on the Board for a year and a half. He would like to continue working on implementing a metrics system for the Selectmen and EDAB to help explain to residents the fiscal impacts of EDAB’s mission. Mr. Noe is a Brookline native, and has observed the Town’s growth and changes over the years.

CONTRACT

The Board considered the question of Awarding Contract No. PW/12-05 “Various Sewer and Drain Improvements” in the amount of $167,050.00 to Aqualine Utility, Inc. of East Bridgewater. Said contract to be funded from the following accounts:

4997C152 6C0009 $ 4,551.00 Storm Drain Improvements 4997C169 6C0005 $90,449.00 Storm Drain Improvements 4997C158 6C0005 $72,050.00 Wastewater System Improvements In Board of Selectmen August 30, 2011 Page 7 of 16

Director of Engineering Peter Ditto stated that this contract will provide improvements to 14 sewer and drain locations.

On motion it was unanimously,

VOTED: To Award Contract No. PW/12-05 “Various Sewer and Drain Improvements” in the amount of $167,050.00 to Aqualine Utility, Inc. of East Bridgewater. Said contract to be funded from the following accounts:

4997C152 6C0009 $ 4,551.00 Storm Drain Improvements 4997C169 6C0005 $90,449.00 Storm Drain Improvements 4997C158 6C0005 $72,050.00 Wastewater System Improvements

CONTRACT

The Board considered the question of awarding and executing Contract No. PW11/22 “Beverly Road Reconstruction Project” in the amount of $676,530.55 with Aggregate Industries Northeast Region of Saugus. Said contract to be funded as follows:

4995SW03 6H0009 40S09 $619,911.74 4995SW03 6H0009 40S10 $ 56,618.81

Director of Engineering Peter Ditto stated that they would like to repair a portion of this area before the bad weather comes. This project was delayed because National Grid was working in the area. Selectman Goldstein had concerns about schools opening at the start of this repair work. Mr. Ditto replied that he has spoken with Baker School officials about parking and there are a few things he would like to iron out before starting the work in regards to school opening.

On motion it was unanimously,

VOTED: To award and execute Contract No. PW11/22 “Beverly Road Reconstruction Project” in the amount of $676,530.55 with Aggregate Industries Northeast Region of Saugus. Said contract to be funded as follows:

4995SW03 6H0009 40S09 $619,911.74 4995SW03 6H0009 40S10 $ 56,618.81

CONTRACT

The Board considered the question of awarding and executing Contract No. PW/12- In Board of Selectmen August 30, 2011 Page 8 of 16

07 “High Street and Pond Avenue Safety Improvements Project” in the amount of $260,730.00 with DeFelice Corporation of Dracut. Said contract to be funded as follows:

4997C169 6C005 $ 91,620.00 4911K083 6T0014 $ 57,140.00 4911K058 6H0026 $ 119,970.00

The Board noted that there was extensive discussion about these new crosswalks during the last Town Meeting.

On motion it was unanimously,

VOTED: To award and execute Contract No. PW/12-07 “High Street and Pond Avenue Safety Improvements Project” in the amount of $260,730.00 with DeFelice Corporation of Dracut. Said contract to be funded as follows:

4997C169 6C005 $ 91,620.00 4911K083 6T0014 $ 57,140.00 4911K058 6H0026 $ 119,970.00

CONTRACT AMENDMENT

The Board considered the question of approving and executing a Contract Amendment in the amount of $10,700.00 with Weston & Sampson Engineers of Peabody for work to be performed in connection with the Water & Sewer Rate Study. Said Amendment to be funded from account 4991EW40 522080.

Commissioner Andy Pappastergion stated that this is the second and final amendment to the contract. Chairman DeWitt stated that she has heard a concern about how the rates will affect low to moderate income residents, and if free lunch recipients could qualify for a lower rate. Mr. Pappastergion replied that so far calculations have indicated a lower rate for residents.

On motion it was unanimously,

VOTED: To approve and execute a Contract Amendment in the amount of $10,700.00 with Weston & Sampson Engineers of Peabody for work to be performed in connection with the Water & Sewer Rate Study. Said Amendment to be funded from account 4991EW40 522080.

In Board of Selectmen August 30, 2011 Page 9 of 16

WINE/MALT PACKAGE STORE CHANGE OF MANAGER /DIRECTORS STOCKHOLDERS

The Board considered the question of approving the following applications of Gelerman Brothers, Inc., d/b/a The Butcherie, Walter Gelerman President, holder of a Wine and Malt Beverages license as a Retail Package Goods Store at 428 Harvard Street:

Change in Manager:

From: Max Gelerman To: Walter Gelerman Alternate Joshua Ruboy

Change of Directors/Stockholders:

From: Max Gelerman, President/Director Jack Gelerman, VP/Treasurer/Director Walter Gelerman, Clerk/Director

Change of Directors/Stockholders:

To: Walter Gelerman, President/Director Joshua Ruboy, Treasurer/Director Joshua Gelerman, Secretary/Director Brenda Gelerman Marjorie Gelerman Toby Baum Gil Zilberberg Lisa Ruboy

Attorney Steve Buchbinder representing the applcaint stated that due to recent deaths in the family, the business is being re-organized within its family members.

Resident Stanley Rabinovitz spoke in favor of the applicant. This is a long standing establishment in the neighborhood and is an important part of the community.

On motion it was unanimously,

VOTED: to approve the following applications of Gelerman Brothers, Inc., d/b/a The Butcherie, Walter Gelerman President, holder of a Wine and Malt Beverages license as a Retail Package Goods Store at 428 Harvard Street: In Board of Selectmen August 30, 2011 Page 10 of 16

Change in Manager:

From: Max Gelerman To: Walter Gelerman Alternate Joshua Ruboy

Change of Directors/Stockholders:

From: Max Gelerman, President/Director Jack Gelerman, VP/Treasurer/Director Walter Gelerman, Clerk/Director

Change of Directors/Stockholders:

To: Walter Gelerman, President/Director Joshua Ruboy, Treasurer/Director Joshua Gelerman, Secretary/Director Brenda Gelerman Marjorie Gelerman Toby Baum Gil Zilberberg Lisa Ruboy

ALL KINDS CLUB-INCREASE IN HOURS

The Board considered the question of approving the application of The Country Club, holder of an All Kinds of Alcoholic Beverages license as a Club at 191 Clyde Street for an increase in hours as follows:

FROM: Sun 12N-2am Mon-Sat 8am-2am

TO: Sun 10am-2am Mon-Sat 8am – 2am

Applicant David Chag stated that this will allow alcohol to be served at Sunday brunch if requested.

On motion it was unanimously,

In Board of Selectmen August 30, 2011 Page 11 of 16

VOTED: To approve the application of The Country Club, holder of an All Kinds of Alcoholic Beverages license as a Club at 191 Clyde Street for an increase in hours as follows:

FROM: Sun 12N-2am Mon-Sat 8am-2am

TO: Sun 10am-2am Mon-Sat 8am – 2am

ALL KINDS COMMON VICTUALLER CHANGE IN MANAGER

The Board considered the question of approving the application of Café Japonaise, Inc., Hiroko Sakan, President, holder of an All Kinds of Alcoholic Beverages license as a Common Victualler at 1032 Commonwealth Avenue for a change in Manager as follows:

FROM: Hiroko Sakan TO: Takeo Sakan

Applicant Takeo stated that his mother is currently on the license and is looking to work less hours.

The Board addressed the fact that the applicant holds an All Kinds of Alcoholic Beverages license, but does not activate it. They asked if he plans on activating the sale of alcohol, because there are inquires for one. It has been discussed that it may be forfeited if not being used. Mr. Sakan replied that they have been paying the license fee for years and it is very expensive. He just has not had the time to introduce it due to his responsibilities at the restaurant; however he feels that he has it, and could invoke it at anytime. This is a request just for a change in Manager. The Board expressed concern on his background check which involved past misuse of alcohol. Mr. Sakan replied that there were some unfortunate events three years ago, but there has been none since. The Board questioned his lack of experience as a Manager to obtain an All Kinds of Alcoholic Beverages license since he has not worked with serving alcohol.

Selectman Mermell noted that there is a current license at the establishment and with it the right to serve alcoholic beverages. Selectman Goldstein and Selectman Benka expressed concern on how this agenda item was presented. It does not address the fact that there could be a change in the current use of the establishment should they start implementing the All Kinds of Alcoholic Beverages license. He feels that if there is intent to start serving alcohol after many years of not doing so, the residents should be informed.

On motion it was unanimously, In Board of Selectmen August 30, 2011 Page 12 of 16

VOTED: To continue this item until the September 13th meeting or until the next available date the applicant can attend.

COMMON VICTUALLER (NEW)

The Board considered the question of approving the application of 7-Eleven, Inc., d/b/a 7-Eleven, Joseph M. DePinto, President for a Common Victualler license at 872 Commonwealth Avenue.

Attorney Joe Hanley stated that the location is a vacant retail space that used to hold a mattress store, and it has a unique mezzanine in it. The plans are to use this separate space as an internet café. The complete set of plans were reviewed by the Building Commissioner.

Applicant Chris Brosco stated that 7-Eleven has a facility off location that prepares food and delivers it daily to the stores.

On motion it was unanimously,

VOTED: To approve the application of 7-Eleven, Inc., d/b/a 7-Eleven, Joseph M. DePinto, President for a Common Victualler license at 872 Commonwealth Avenue.

With the condition that the seating plans are in compliance, and a complete set of plans are reviewed by the Building Commissioner.

The establishment is renovated to comply with Health Code requirements

The operator maintain required food safety certification

An odor control system be installed and maintained to prevent cooking odors should cooking odor complaints occur

The establishment must comply with the Town By-Law prohibiting the use of Artificial Trans Fats

The establishment receives a pre-operational inspection before the license is released.

DONATION

The Board considered the question of accepting a donation from the Meathouse in connection with the Employee Appreciation Day scheduled for September 23rd. In Board of Selectmen August 30, 2011 Page 13 of 16

Jamie Tober from the Meathouse stated that it is a pleasure to acknowledge the Town employees. Town Administrator Mel Kleckner replied that this is greatly appreciated, not only is the Meathouse donating the food, but cooking it as well so the employees can enjoy the afternoon. The Board thanked them for their generosity.

On motion it was unanimously,

VOTED: To accept a donation from the Meathouse in connection with the Employee Appreciation Day scheduled for September 23rd.

CDBG AGREEMENTS

The Board considered the question of approving and authorizing the Chairman to execute the following FY2012 CDBG Subrecipient Agreements:

Brookline Schools Parent Child Home Program $12,400.00 1828G012 558068

Brookline Housing Authority Next Steps Program $11,580.00 1839G012 558040

Youth Employment Training $69,250.00 1803G012 558020

Brookline Learning Project $10,750.00 1830G012 558070

Assistant Director of Planning and Community Development Joe Viola stated that these are contracts from the previously approved CDBG budget.

On motion it was unanimously,

VOTED: To approve and authorize the Chairman to execute the following FY2012 CDBG Subrecipient Agreements:

Brookline Schools Parent Child Home Program $12,400.00 1828G012 558068

In Board of Selectmen August 30, 2011 Page 14 of 16

Brookline Housing Authority Next Steps Program $11,580.00 1839G012 558040

Youth Employment Training $69,250.00 1803G012 558020

Brookline Learning Project $10,750.00 1830G012 558070

CHANGE ORDERS

The Board considered the question of approving the following Change Orders for work to be performed by G&R Construction in connection with the Runkle School Renovation and Additions Project. Said change orders to be funded from account 2594C165 6C0002.

Change Order #12 $21,186.00 Change Order #13 $40,713.00

Project Administrator Tony Guigli stated that this relates to contaminated soil and its removal at the Runkle School.

On motion it was unanimously,

VOTED: To approve the following Change Orders for work to be performed by G&R Construction in connection with the Runkle School Renovation and Additions Project. Said change orders to be funded from account 2594C165 6C0002.

Change Order #12 $21,186.00 Change Order #13 $40,713.00

CHANGE ORDER

The Board considered the question of approving Change Order #1 in the amount of $14, 316.00 for work to be performed by MCM USA in connection with the Town Hall Garage Repairs Phase 2. Said Change order to be funded from account 2594C164 6B0079.

Project Administrator Tony Guigli stated that this is for additional demolition work at the Pierce Amphitheater.

On motion it was unanimously, In Board of Selectmen August 30, 2011 Page 15 of 16

VOTED: To approve Change Order #1 in the amount of $14, 316.00 for work to be performed by MCM USA in connection with the Town Hall Garage Repairs Phase 2. Said Change order to be funded from account 2594C164 6B0079.

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

The Board considered the question of granting a temporary All Kinds of Alcoholic Beverages license to the Annunciation Greek Orthodox Cathedral, Demetris Photopoulos, President in connection with a Church Festival to be held on September 9, 10, and 11, 2011 from 11am to 11pm at 162 Goddard Avenue.

On motion it was unanimously,

VOTED: To grant a temporary All Kinds of Alcoholic Beverages license to the Annunciation Greek Orthodox Cathedral, Demetris Photopoulos, President in connection with a Church Festival to be held on September 9, 10, and 11, 2011 from 11am to 11pm at 162 Goddard Avenue.

PERMIT TO SERVE ALCOHOLIC BEVERAGES (NO SALE)

The Board considered the question of granting a Permit to Serve Alcoholic Beverages (No Sale) to the Larz Anderson Auto Museum in connection with a Masquerade Party to be held on September 9, 2011 from 5pm - 11pm at 15 Newton Street.

On motion it was unanimously,

VOTED: To grant a Permit to Serve Alcoholic Beverages (No Sale) to the Larz Anderson Auto Museum in connection with a Masquerade Party to be held on September 9, 2011 from 5pm - 11pm at 15 Newton Street.

EMERALD NECKLACE CROSSING COMMITTEE

The Board considered the question of appointing the Emerald Necklace Crossing Committee.

Selectman Mermell stated that this committee will study traffic patterns and pedestrian crossings of the Emerald Necklace. This list is to move forward in appointing the representatives.

On motion it was unanimously,

In Board of Selectmen August 30, 2011 Page 16 of 16

VOTED: To appoint the following representatives to the Emerald Necklace Crossing Committee.

Selectmen Representative-Jesse Mermell, Massachusetts Department of Conservation and Recreation, Park and Recreation Commission, Conservation Commission, Transportation Board, Planning Board, High Street Hill Neighborhood Association, Riverway Island Neighborhood Association, Brookline Greenspace Alliance, Emerald Necklace Conservancy, Brookline Bikes.

Selectman Benka would like to see residents that commute through this corridor by motor vehicles be appointed to the Committee as well.

There being no further business, the Chair adjourned the meeting at 10:05 p.m.

ATTEST

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN

09/13/2011 th 6 FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy A Daly, Selectman Jesse Mermell, Selectman Richard W Benka, Selectman Kenneth M Goldstein

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

In Board of Selectmen 09/13/2011 Page 2 of 16

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session. In Board of Selectmen 09/13/2011 Page 3 of 16

ANNOUNCEMENTS

Chairman DeWitt stated that Brookline’s 9-11 observation and remembrance was a lovely event. Public Safety employees, officials and residents came together at the Babcock Street Fire Station to remember those lives lost on 9-11, and to dedicate a memorial bench to BHS graduate Manny Del Valle who died on 9-11.

Selectman Goldstein would like to compile a list of 9-11 victims with Brookline connections so that future commemorations and memorials can be as accurate as possible. Please contact the Board of Selectman’s Office with any information you would like included.

Selectman Daly was pleased to note that the DPW has repaired the sidewalks in Washington Square.

SELECTMEN UPDATES

Reports by individual Selectmen on activities related to carrying out the responsibilities of the Board.

Town Administrator Mel Kleckner stated that the Parking Meter Task Force is meeting on a regular basis, and he is pleased with the encouraging news that they found a solution to make the meters work more quickly and comparable with other devices familiar with people. The group will be speaking with the vendor to work out a solution.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

Marcus Laffey, age 13, spoke about the Pledge of Allegiance, and that he is proud to say it. Both his grandfathers served in the military, and his past family members have served in many wars going back to the Revolutionary War. The Pledge represents the freedom that veterans fought for. He feels that the Pledge should remain optional and said with dignity and respect for other’s beliefs.

Chairman DeWitt outlined the Warrant process, and noted that this is a proposal, not a policy. Selectman Benka explained that 10 registered voters can put an article in the warrant; this ws not proposed by any public body. The comments by Marcus opened the debate on this issue.

In Board of Selectmen 09/13/2011 Page 4 of 16

MISCELLANEOUS

Approval of miscellaneous items pgs. licenses, vouchers, and contracts.

PARK AND RECREATION - PERSONNEL

Question of approving the filling of a vacancy in the position of Recreation Leader (GN-7) in the Recreation Department.

Director of Recreation Lisa Paradis stated that the incumbent is moving to Colorado. She had been employed with the Recreation Department for about 4 years.

Motion to approve the filling of a vacancy in the position of Recreation Leader (GN-7) in the Recreation Department.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

PUBLIC WORKS ACCREDITATION

George R. Crombie, President of the American Public Works Association (APWA), appeared to present the APWA Accreditation Award to the Board and the Department of Public Works.

Public Works Commissioner Andy Pappastergion stated that the American Public Works Association represents all DPW’s across America, and this program accredits them. He was pleased to report that Brookline has been working with the APWA, first under Commissioner DeMaio’s leadership, for a few years to review our policy and procedures. Our goal was to become the first Public Works agency to become accredited in New England. The APWA evaluated all our policies and procedures, which was a grueling task.

American Public Works Association President George Crombie stated that education sustainability is a number one priority. The Town of Brookline has always been a leader in education. Schools, open space, services and quality of life here is impressive. Sustainable communities do not come about easily. Their evaluation concluded that Brookline’s Department of Public Works meets the standards of excellence. To be the 65th accredited Department in North America, and the first in New England, proves that this is an outstanding Public Works Department. He added that communities that invest in education always rise to the top.

Commissioner Pappastergion stated that this is an important evening for the DPW and he then introduced the Department of Public Works staff.

The Board relayed that we are all proud of our Department of Public Works. It is very nice that an outside agency recognizes them too. The Board thanked both In Board of Selectmen 09/13/2011 Page 5 of 16

Commissioner Pappastergion, and former Commissioner DeMaio, for continuing to provide excellent service even through Department cuts. They keep the Town clean and safe, and the residents are happy to live here. Our residents notice it and appreciate it, especially during the recent hurricane clean up, which was outstanding.

Commissioner Pappastergion added that the accreditation is for four years, and they plan to receive it again, this is a work in progress and the Department will continue to improve and review its policies and procedures.

BOARDS AND COMMISSIONS - INTERVIEWS

The following candidates for appointment/reappointment to Boards and Commissions appeared for interview:

Human Relations/Youth Resources Laurence Onie

Laurence Onie has been a member for many years. He is an active participant with a mission to engage discussions on challenging issues regarding diversity. He works with Greater Boston Civil Rights Coalition, and has worked with the Governor’s Office on issues about diversity. Mr. Onie enjoys being on the Commission, and would appreciate the opportunity to serve again.

Conservation Commission Marian Lazar

Marian Lazar (Associate) has been involved with Commission for about 20 years. As an Associate member, she is active in all discussions but is a non-voting member. She is a graphic designer and has provided her design for the Commission and served on the Design Review Commission. Ms. Lazar offers a wealth of knowledge being on the Commissioner for so many years.

AUTOMATED LICENSE PLACE READER GRANT

Question of considering the acceptance of a grant in the amount of $20,460.00 from the Executive Office of Public Safety and Security's Highway Safety Division for the purchase of an Automated License Plate Reader (ALPR) or in the alternative authorize the expenditure of $21,745 from other Police Department funds. In Board of Selectmen 09/13/2011 Page 6 of 16

a. Question of adopting a policy for the implementation of the Automated License Plate Reader (ALPR).

Chief O'Leary noted some recent changes that came up. He planned to move forward with the proposed draft policy. The grant is provided from the State to purchase the reader. Today, he received an email from the American Civil Liberties Union (ACLU) on our policy, leaving no time to review it before this meeting. Second, on the price that was quoted in the proposed vote to purchase a reader, the company notified the Department that the item is no longer offered in Massachusetts. Given this new information the Chief requested that he be given the authority to seek another vendor without the use of the grant.

Chairman DeWitt added that she too was surprised to receive comments today from the ACLU when they were requested six weeks ago. She would like time to review their comments, and with no ACLU representative here tonight we cannot discuss their concerns. The Chair would like Chief O’Leary and Associate Town Counsel Patty Correa to review the comments and come back to the Board with any recommendations. On the vendor status, we can't move forward without an authorization to purchase equipment. .

Selectman Daly expressed concern about sharing data with other communities. She feels the data should not be considered public records. This is not in agreement with the ACLU. There also appears to be some unanswered questions about retention scheduling.

The Chief added that this equipment will free up officer’s time and enhance parking enforcement through technology. This was one area that the Efficiency Initiative Committee looked at.

Selectman Benka added that it is not just the technology that is in question; it is what the data is used for and what lists will be employed. The Chief replied that they don’t get a list on a regular basis; however there were a couple of serious instances where there were some dangerous persons in Brookline. He feels this is an important tool in law enforcement that he would not say no to. Selectman Benka replied that the draft policy stated that this could be used for broader purposes than actually intended. We need to clarify the uses that are actually anticipated.

Selectman Goldstein asked what happened with the vendor. The Chief replied that the IT staff received a voicemail from the salesman stating that they are not marketing any longer in Massachusetts. There are plenty of other vendors in Massachusetts, but this particular vendor offered everything we wanted at a good price, and they were on the State contract lists.

Chairman DeWitt stated that we should make clear that the data is the license plate In Board of Selectmen 09/13/2011 Page 7 of 16

image and only those can be matched to the list. It does not identify the owner or the driver.

Clint Richmond, Greenough Circle is concerned about what will be purchased now. There is a lack of information and success and no sample data. There is also no evidence of success of the system in neighboring communities. Also, the potential for abuse still seems high to him especially with this much data. Abuse ranges from insider stalking to being on a list where you have no control. Agencies will want to get the information because they can. An overwhelming number of residents have voiced their concerns against the technology. Being a low crime district why is this necessary? Mr. Richmond is also concerned about the definitive figures of the cost, and feels the Town needs to take a stand on surveillance policies.

Selectman Daly is in agreement to not accept the grant from the State; she does not like the collection of data. Even though they have been told that the Police manually do this anyway by writing down the plate number, she is more concerned about how we handle that data. Her other concerns are how long we retain it, who can retrieve it, and how can it be used. Selectman Daly would like to see the policy tightened up. She would like to see it retained for the least amount of time and disseminate it to the fewest other outlets.

Selectman Mermell agrees not to accept the grant money because there are too many unknowns and risks. She is concerned about the fate of the information. Selectman Benka is not comfortable being bound by the State policy. We could theoretically accept the grant and when the State requests the data, return the equipment, but that is not the best practice. He would like to have time to review the suggestions from the ACLU.

On motion to not accept a grant in the amount of $20,460.00 from the Executive Office of Public Safety and Security's Highway Safety Division for the purchase of an Automated License Plate Reader (ALPR).

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

No motion to adopt a policy for the implementation of the Automated License Plate Reader (ALPR).

On motion to authorize the Chief to research and obtain financial information from vendors offering ALPR systems, and return to the Board with a recommendation to be purchased with Town funds, and to review the draft policy in light of the fact that they are not accepting the grant from the State.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein In Board of Selectmen 09/13/2011 Page 8 of 16

NORFOLK COUNTY

Selectman Kenneth Goldstein reviewed the Interim Report on the Norfolk County Resolution.

Selectman Goldstein stated that the 2010 Town Meeting requested that the Selectmen review the existing county structure and to seek reformation of its inequitable tax. They asked that we pursue it and issue a report on the progress. Recently a follow up Article has been submitted. There has been some progress made since May. Norfolk county consists of 28 communities including Brookline. Brookline is a part of the government of the county. Services that they provide, are the physical plant of the Brookline Courthouse, access to the Norfolk Agriculture School, a golf course in Quincy, the Registry of Deeds, and Engineering services. Brookline has very minimal use for these services besides the Courthouse. There is one Brookline resident attending the school, but should the county government cease, the school would still survive. It is self sufficient.

A large part of their function is providing for its retirees. Brookline pays a large proportion and receives little services. This is because county tax is calculated on property values which Brookline is very high, resulting in a higher share of the assessment.

Selectman Goldstein has attended events and met with the County Manager, State Representatives and various other municipal and county officials and has begun the process of gaining the knowledge to bring a positive result. He reported that the County Commissioners heard us loud and clear from Town Meeting and have proposed legislation which would change the way the county is funded. One solution would be the Registry of Deeds tax stamps, allowing a portion of it to fund the County.

A concern of Brookline remains the Courthouse. It is now proposed to close as a district court and become a juvenile court serving many communities. This may take awhile to come to fruition.

The Board questioned the amount to fund the Courthouse. The calculations are very involved, and expenses from one year dictate the payments in a later year. Selectman Benka suggested asking the County to reduce the rent on the Courthouse as part of the discussion of keeping the Courthouse open. Eliminating the county tax would be terrific, but the bill also changes the method of voting which is now based on the taxes paid by municipalities. We should ensure that the latter does not happen without the former. Selectman Benka feels that the Agricultural school should be State funded; it is not a County function. One option would be for municipalities to reduce funding for County government.

Chairman DeWitt pointed out that there is legislation that has dissolved some county In Board of Selectmen 09/13/2011 Page 9 of 16

governments and the State has assumed those obligations. Selectman Daly added that we are paying the obligation of Middlesex County through our State taxes, plus our obligations to pay Norfolk County. She feels it is very unfair to pay the most and receive the least.

Selectman Goldstein will post a final report in a couple of days.

On motion the Board accepted the draft Interim Report on the Norfolk County Resolution.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

LIQUOR LICENSE GUIDELINES

Members of the Liquor Licensing Committee appeared to review new Liquor License Guidelines.

Chairman DeWitt asked if there was anything that the Board would like to comment on or ask any questions. The recommendations have been slightly modified from the last presentation. There will be a Public Hearing on September 27 to hear from the public.

Selectman Mermell asked about the amount of drinks to be served without food. It was at three and then proposed to change to two, is there any clarification on this? Associate Town Counsel stated that the current policy is two drinks allowed to be served without food, however; there is no vote found for this, but is has been the adopted policy. Selectman Mermell noted that the two drinks policy is very complex. What if someone was there for a few hours and had more than two drinks, how would you know how many drinks were consumed before hand, should a person’s size be considered in making a judgment call? The Board acknowledged that measuring the amount of alcohol consumed is very difficult, many factor would be considered. Selectman Goldstein added that the Committee has heard some concerns about this from restaurant owners. The policing of it could prove to be difficult.

Selectman Benka would like to review the substantive changes made since he was not present at the July meeting where they were presented. Ms. Correa will provide them to him. .

There was no vote on this agenda item.

FALL TOWN MEETING

Deputy Town Administrator Sean Cronin reviewed the Warrant Articles for the November 15, 2011 Fall Town Meeting.

In Board of Selectmen 09/13/2011 Page 10 of 16

a. Question of executing the Warrant for the November 15, 2011 Fall Town Meeting

On motion to execute the Warrant for the November 15, 2011 Fall Town Meeting.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

WARRANT ARTICLES

Review of the following warrant articles for the November 15, 2011 Fall Town Meeting:

No. Article

1 Unpaid Bills

Deputy Town Administrator Sean Cronin reviewed Article 1, unpaid bills. There is a new vendor for on-line payment of Motor Vehicles Excise bills, and invoices were not submitted on time, but they are legitimate invoices.

On motion of Favorable Action on Article 1.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

No. Article

2. Collective Bargaining

There is no Collective Bargaining at this time.

The Board held this Article

No. Article

10. Taxi Medallions

Deputy Town Administrator Sean Cronin stated that Article 10 is a technical change in the language making it clear where the money goes and how it is spent.

In Board of Selectmen 09/13/2011 Page 11 of 16

The Board held this Article

QUESTION OF APPROVING THE MINUTES OF AUGUST 30, 2011

On motion to approve the minutes of August 30, 2011 as amended by Selectman Benka.

Aye: Betsy DeWitt, Jesse Mermell, Richard Benka, Kenneth Goldstein Abstained: Nancy A Daly

ZBA

Question of appointing Selectman Richard Benka as the Board's representative to the Zoning Bylaw Review Committee to replace Selectman Kenneth Goldstein.

On motion to appoint Selectman Richard Benka as the Board's representative to the Zoning Bylaw Review Committee to replace Selectman Kenneth Goldstein.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

APPROPRIATION TRANSFER

Question of approving the following appropriation transfer within the Building Department budget

From: 25003430 522400 $70,000.00 School Repairs To : 25003430 532300 $70,000.00 School Supplies

From: 25002510 522400 $50,000.00 Town Repairs To: 25002510 532300 $50,000.00 Town Supplies

Director of Public Buildings Charlie Simmons stated that this is for maintenance supplies for the tradesmen.

On motion to approve the following appropriation transfer within the Building Department budget

From: 25003430 522400 $70,000.00 In Board of Selectmen 09/13/2011 Page 12 of 16

School Repairs To : 25003430 532300 $70,000.00 School Supplies

From: 25002510 522400 $50,000.00 Town Repairs To: 25002510 532300 $50,000.00 Town Supplies

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein.

CHANGE ORDER

Question of approving Change Order No. 2 in the amount of $74,794.19 for work to be performed by MCM USA, Inc. in connection with the Town Hall Garages Repairs Phase 2 (Pierce Amphitheater). Said Change Order to be funded from account 2594C164 6B0079

Project Administrator Tony Guigli stated that this work relates to issues related to a hidden condition. There was no documentation that described the building structure. There are significant structural beam changes, added demolition, and other miscellaneous repairs this change order is required.

Selectman Benka noted that due to the inability to find of original “as built” plans, the beam was not foreseen. Mr. Guigli replied that there were no original plans for this found, it could be because the buildings were tied in together, and they were done many years ago. He added that the Department is very diligent in achieving all project plans/drawings.

On motion to approve Change Order No. 2 in the amount of $74,794.19 for work to be performed by MCM USA, Inc. in connection with the Town Hall Garages Repairs Phase 2 (Pierce Amphitheater). Said Change Order to be funded from account 2594C164 6B0079

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CHANGE ORDER

Question of approving Change Order #14 in the amount of $48,192.00 for work to be performed by G&R Construction, Inc. of Quincy in connection with the Renovations and Additions to the John D. Runkle School. Said Change Order to be funded from account 2594C165 6C0002

Selectman Daly noted that most of these change orders are due to the hidden conditions. It also includes some additional work to the wireless system.

In Board of Selectmen 09/13/2011 Page 13 of 16

On motion to approve Change Order #14 in the amount of $48,192.00 for work to be performed by G&R Construction, Inc. of Quincy in connection with the Renovations and Additions to the John D. Runkle School. Said Change Order to be funded from account 2594C165 6C0002

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

DONATION

Question of accepting a donation in the amount of $100 from Wheelock College to be used in connection with the Hidden Brookline Committee.

Director of Human Relations/Youth Resources Stephen Bressler stated that the HRYR Commission provides historic walking tours focusing on important African American sites, through the Hidden Brookline Program. Wheelock College requested tour for their freshman students, and has made a donation in thanks to the Hidden Brookline Committee.

On motion to accept a donation in the amount of $100 from Wheelock College to be used in connection with the Hidden Brookline Committee.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

REQUEST FOR RELEASE OF FUNDS

Question of authorizing the Chairman to execute the Request for Release of Funds (RROF) and certification for FY2012 (FFY2011) CDBG funding.

Assistant Director of Planning and Community Development Joe Viola stated that this is for HUD to release funds and to certify that the projects requesting the funds are in compliance with regulations.

On motion to authorize the Chairman to execute the Request for Release of Funds (RROF) and certification for FY2012 (FFY2011) CDBG funding.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of executing Contract No. PW/12-05 "Various Sewer and Drain Improvements" in the amount of $167,050.00 with Aqualine Utility, Inc. of East Bridgewater. Said contract was awarded on August 30, 2011 and will be funded from the following accounts: In Board of Selectmen 09/13/2011 Page 14 of 16

4997C152 6C0009 $ 4,551.00 Storm Drain Improvements 4997C169 6C0005 $90,449.00 Storm Drain Improvements 4997C158 6C0005 $72,050.00 Wastewater System Improvements

Director of Engineering Peter Ditto stated that this contract was previously approved and now ready for execution.

On motion to execute Contract No. PW/12-05 "Various Sewer and Drain Improvements" in the amount of $167,050.00 with Aqualine Utility, Inc. of East Bridgewater. Said contract was awarded on August 30, 2011 and will be funded from the following accounts:

4997C152 6C0009 $ 4,551.00 Storm Drain Improvements 4997C169 6C0005 $90,449.00 Storm Drain Improvements 4997C158 6C0005 $72,050.00 Wastewater System Improvements

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of approving and executing Contract No. PW/12-12 "Data Collection and Validity" in the amount of $24,600.00 with Tata & Howard, Inc. of Marlborough. Said Contract to be funded from account 4997C170 6C0005 (Water Main Improvements).

Commissioner Pappastergion stated that this contract is for data collection which will research the statistical unaccountable water. This study will provide an audit that will include field measurements that will define where our water is going, that we are not measuring. This is a very precise task, and the Department does not have the staff or the equipment to perform it.

On motion to approve and execute Contract No. PW/12-12 "Data Collection and Validity" in the amount of $24,600.00 with Tata & Howard, Inc. of Marlborough. Said Contract to be funded from account 4997C170 6C0005 (Water Main Improvements).

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 09/13/2011 Page 15 of 16

TEMPORARY PERMIT TO SERVE ALCOHOLIC BEVERAGES

Question of granting a temporary Permit to serve Alcoholic Beverages (no-sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

September 15th Reception 4:30pm-11:00pm September 17th Wedding 4:30pm-11:00pm September 23rd Clam Bake 5:00pm-11:00pm September 24th Bar Mitzvah 6:00pm-11:00pm

On motion to grant a temporary Permit to serve Alcoholic Beverages (no-sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

September 15th Reception 4:30pm-11:00pm September 17th Wedding 4:30pm-11:00pm September 23rd Clam Bake 5:00pm-11:00pm September 24th Bar Mitzvah 6:00pm-11:00pm

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

TEMPORARY WINE AND MALT BEVERAGES LICENSE

Question of granting a temporary Wine and Malt beverages license to Boston University in connection with a Banquet to be held on September 27th from 6:30pm to 8:00pm at 928 Commonwealth Avenue.

On motion to grant a temporary Wine and Malt beverages license to Boston University in connection with a Banquet to be held on September 27th from 6:30pm to 8:00pm at 928 Commonwealth Avenue

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

Question of granting a temporary All Kinds of Alcoholic beverages license to Brookline High School 21st Century Fund in connection with an Annual Gala Celebration and Fundraiser to be held on November 19th from 6pm-12M at Schluntz Gym, 115 Greenough Street.

In Board of Selectmen 09/13/2011 Page 16 of 16

On motion to grant a temporary All Kinds of Alcoholic beverages license to Brookline High School 21st Century Fund in connection with an Annual Gala Celebration and Fundraiser to be held on November 19th from 6pm-12M at Schluntz Gym, 115 Greenough Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

EXTENSION OF CLOSING HOURS

Question of approving the request of Grill on the Green, Inc., d/b/a Grill on the Green, Lisa Wisel, Manager, holder of a Wine and Malt beverages license as a Common Victualler at 1281 West Roxbury Parkway for an extension of closing hours from 11:00pm to 12M in connection with a 50th Birthday Party to be held on November 5, 2011.

On motion to approve the request of Grill on the Green, Inc., d/b/a Grill on the Green, Lisa Wisel, Manager, holder of a Wine and Malt beverages license as a Common Victualler at 1281 West Roxbury Parkway for an extension of closing hours from 11:00pm to 12M in connection with a 50th Birthday Party to be held on November 5, 2011.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

There being no further business, the Chair adjourned the meeting at 9:50 pm.

ATTEST

MINUTES BOARD OF SELECTMEN IN BOARD OF SELECTMEN 09/20/2011 th 6 FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy A Daly, Selectman Jesse Mermell, Selectman Richard W Benka, Selectman Kenneth M Goldstein

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

x (2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel.

__ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints. In Board of Selectmen 09/20/2011 Page 2 of 16

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session. In Board of Selectmen 09/20/2011 Page 3 of 16

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no public comment.

PERSONNEL – SELECTMEN

The Board considered the question of appointing Michele Earley as a Senior Clerk Typist in the Selectmen’s Office.

VOTED: to appoint Michele Earley as a Senior Clerk Typist in the Selectmen’s Office.

Aye: Betsy DeWitt, Nancy A Daly, Jesse Mermell, Richard W Benka, Kenneth M. Goldstein

MPO CANDIDACY

The Board considered the question of supporting the candidacy of Clarissa Rowe, Chair of the Arlington Board of Selectmen, for one of the two At-Large Town Seats in the Boston Region Metropolitan Planning Organization.

VOTED: to support the candidacy of Clarissa Rowe, Chair of the Arlington Board of Selectmen, for one of the two At-Large Town Seats in the Boston Region Metropolitan Planning Organization.

Aye: Betsy DeWitt, Nancy A Daly, Jesse Mermell, Richard W Benka, Kenneth M Goldstein

CDBG BUDGET TRANSFER

The Board considered the question of approving the following CDBG budget transfer in connection with the Emerald Necklace Greenway Bicycle Trail Improvements:

From: FY2011 Riverway Pedestrian Path Reconstruction $87,179.24 1848G011 6P0021

In Board of Selectmen 09/20/2011 Page 4 of 16

To: FY2011 Design & Preliminary Engineering Pedestrian/Bicycle Crossing of Route 9 $87,179,24 1847G011 524003

VOTED: to approve the following CDBG transfer in connection with the Emerald Necklace Greenway Bicycle Trail Improvements:

From: FY2011 Riverway Pedestrian Path Reconstruction $87,179.24 1848G011 6P0021

To: FY2011 Design & Preliminary Engineering Pedestrian/Bicycle Crossing of Route 9 $87,179,24 1847G011 524003

Aye: Betsy DeWitt, Nancy A Daly, Jesse Mermell, Richard W Benka, Kenneth M. Goldstein

GRANT AGREEMENT

The Board considered the question of awarding and executing a Grant Agreement with the Department of Energy Resources for the installation of Electric Vehicle Charging Stations.

Director of Planning and Community Development Jeff Levine informed the Board that this grant is for two free charging stations for electric vehicles. These stations will be available for public use. One station will be located in the Town Hall parking lot the other in the Babcock Street public parking. The grant term is for two years, during which time data will be collected from the station regarding their use and all subscription costs for the ChargePoint are paid. After the grant period, the Town will own the stations and can choose whether to continue with the network subscription.

Selectman Daly asked if there was a fee involved for use of these charging stations. Mr. Levine respond that they do not plan to charge for the use of the stations, aside from the normal parking meter fee for use of the parking space. He stated that the town may choose to revise this policy after reviewing the data on how the stations are used.

The Board discussed possible ways to charge for these stations, including increasing the parking meter fees at the stations. This extra fee would account for the electricity used by the Town for these stations.

VOTED: to award and execute a Grant Agreement with the Department of In Board of Selectmen 09/20/2011 Page 5 of 16

Energy Resources for the installation of Electric Vehicle Charging Stations.

Aye: Betsy DeWitt, Nancy A Daly, Jesse Mermell, Richard W Benka, Kenneth M. Goldstein

AGREEMENT

The Board considered the question of authorizing Director of Planning and Community Development Jeff Levine to execute the Charge Point America Station Award Agreement.

VOTED: to authorize Director of Planning and Community Development Jeff Levine to execute the Charge Point America Station Award Agreement.

Aye: Betsy DeWitt, Nancy A Daly, Jesse Mermell, Richard W Benka, Kenneth M. Goldstein

ALCOHOLIC BEVERAGES PERMIT (NO SALE)

The Board considered the question of granting a Permit to Serve Alcoholic Beverages (not for sale) to Larz Anderson Auto Museum in connection with a Birthday Party to be held on September 30, 2011 from 6:00pm-11pm at 15 Newton Street.

VOTED: to grant a Permit to Serve Alcoholic Beverages (not for sale) to Larz Anderson Auto Museum in connection with a Birthday Party to be held on September 30, 2011 from 6:00 pm to 11:00 pm at 15 Newton Street.

Aye: Betsy DeWitt, Nancy A Daly, Jesse Mermell, Richard W Benka, Kenneth M. Goldstein

BAA HALF MARATHON

Josh Nemzer from BAA updated the Board on the BAA Half Marathon scheduled for Sunday October 9th. He advised that the route for the runners is the same as in 2010. He noted, however, that they have a larger field of runners this year. Originally it was 6,000 participants and the DCR has approved up to 7,000 for this year. Brookline will be impacted by the runners at the 4 mile mark and 6 mile mark which will require street closings in the area for approximately 2 hour. The BAA has contacted the community of the event and has been working closely with Chief O'Leary, Captain Gropman, and Commissioner Pappastergion.

In Board of Selectmen 09/20/2011 Page 6 of 16

Chairman DeWitt noted that she is unable to attend the event, but Selectman Jesse Mermell, who has participated in this half marathon in the past, will be at the finish line to greet the first woman runner.

BOARDS AND COMMISSIONS - INTERVIEWS

WOMEN’S COMMISSION

Jamie Tober appeared for interview for the Women's Commission. Ms. Tober is a recent graduate of Simmons College School of Business and has a master's in Science in Communications Management. She has worked in local business and is active in the community and has been involved with the Chamber, the Rotary and many other non-profit and philanthropic organizations around Brookline.

Chairman DeWitt asked Ms. Tober why she was interested in serving on the Women's Commission. Ms. Tober responded that she was looking to become more active in the community and after talking with someone on the Commission she felt it would be a good fit.

Selectman Daly asked if she had any specific projects she would like to work on. Ms. Tober indicated that she would like to work on discrimination in the workplace, something she did a great deal of research on in Graduate School.

Chairman DeWitt thanked Ms. Tober for her interest and advised her that it might be a few weeks before the Board makes appointments.

Kristen Uekermann appeared for interview for the Women’s Commission. Ms. Uekermann stated that she is passionate about financial education for women and Entrepreneurship. She would like to educate young girls about finances, how to start a business and other aspects of education to help women in the business world.

Selectman Mermell asked if Ms. Uekermann had any thoughts about including males in the training. She noted that many of opportunities for women are cross pollinated, women oriented opportunities are gender neutral. She noted that there are many hobbies and economic issues that are both for men and women and she would give it some thought.

Selectman Daly noted that she liked the idea of stimulating girls on how to own their own business. She asked how she envisioned this working. Mr. Uekermann stated that she would have to work with the Commission to see where and what would be the best outlet for such a program.

In Board of Selectmen 09/20/2011 Page 7 of 16

Chairman DeWitt thanked Ms. Uekermann for her interest and time and advised her that the appointment process could take a few weeks or more.

ARTS COMMISSION

Stuart Steck appeared for interview for the Arts Commission. Mr. Steck is currently an Assistant Professor of Art History at Lesley University. He has extensive experience working as a curator in museums and galleries. He is a long-time resident and is committed to the community. He has been involved in the arts community in Boston and recently founded the Visual Culture Consortium of Boston.

Selectman Daly asked if Mr. Steck had any specific program ideas. He responded that the Arts Commission does great work, but he would like to reach out to other resources like Universities and Museums, who could do things such as Brookline Day at the Children's Museum, or have a young composer’s festival.

Chairman DeWitt thanked Mr. Steck for his interest and time and noted that the Board would not be making any decisions for a few weeks and he would be notified.

WARRANT ARTICLES

Review of the following Warrant Articles for the 2011 Fall Town Meeting:

Art.No Title

4 Federal Tax Withholding (Allen)

5 Neighborhood Conservation District (NCD) Bylaw (Planning)

6. Hancock Village NCD (Planning

ARTICLE 4

Petitioner for Article 4 Susan Allen handed out an Employee Federal Withholding Tax Exemption Certificate, which should be part of her explanation.

Ms. Allen informed the Board that she has been researching this issue since 2007. She stated that U.S income dollars are being used to fund the harm of innocent people oversees. She also stated the Federal Withholding Tax is illegal and the In Board of Selectmen 09/20/2011 Page 8 of 16

Town should not be withholding it from its employees. She noted that under current law a Federal Withholding Agent is defined as the "person required to deduct and withhold any tax under the provisions of sections:

1441 (Withholding of tax on Non-Resident Aliens) 1442 (Withholding of tax on Foreign Corporations 1443 (Foreign Tax-exempt Organizations 1461 (Person liable for withheld taxes)”.

Ms. Allen went on to say that it is a Voluntary Tax System. U.S. Citizens abroad are liable for income tax on wages, but residents are exempt. Her point being that if people want to voluntary pay taxes, they should have a choice, there is no requirement to fill out a Federal Tax Withholding form.

She has been trying to find the Law regarding the requirement for such payment of Federal Tax and she has not been able to. She has called Congressman Frank's office numerous times and still has not been able to get an answer.

She is concerned that the Town will be liable for millions of dollars in compensation with interest for requiring the filing of the Federal Tax Withholding Form.

Ms. Allen noted that she works very hard and is a strong supporter of social services. We are paying more and more taxes and services for the neediest, children and elderly, are being reduced. She indicated that her research shows that the government is collecting taxes from US citizens and are transferring them to an international funding agency and then they are being converted to drawing rights.

Chairman DeWitt stated that this is a Federal matter that is far beyond the responsibility of Municipal government. Ms Allen responded that the Town is creating a liability and is doing something unlawful.

Selectman Daly indicated her confusion with the Article. She believes that employees are obligated under Federal Law to have taxes withheld and the Town is complying with the law. Ms. Allen reiterated that she cannot find a law requiring the Town to withhold taxes.

Selectman Goldstein pointed out that essentially every other employer in the country withhold federal taxes. Is Ms. Allen saying that the whole country is in violation. She responded in the affirmative stating that if there is no law then they are. She then referred to a NY Times Article about illegal taxes.

Director of Finance Stephen Cirillo indicated that he has reviewed the Article with Town Counsel and they are in agreement that the Board should vote NO In Board of Selectmen 09/20/2011 Page 9 of 16

ACTION. Both agreeing that this is not a Town issue and his something that should be handled in the courts. He also noted that Town Meeting cannot change Federal Law.

Selectman Daly noted that the town is mandated under Federal Law to withhold federal taxes, it is not an option.

Susan Allen responded that while that is the Town's opinion, she thinks the Town should give people an option. She went on to say that the Board is required to uphold the law, if there is a law, but she has not been able to find one. In response to a question from selectman Benka, Susan Allen said that if there is a law requiring withholding from resident citizens, there should be no action on her Article.

Chairman DeWitt thanked Ms. Allen for her presentation.

ARTICLES 5 AND 6

Director of Planning and Community Development Director of Planning and Community Development gave an overview of Articles 5 and 6.

Selectman Benka, who largely drafted these articles, added that they are two articles with different purposes.

Article 5 establishes the category of Neighborhood Conservation Districts (NDC) and permits the creation of specific NCDs and addresses the issue of NDCs in the future. If this article passes it allows for Article 6 to move forward.

Article 6 sets up a Neighborhood Conservation District in Hancock Village. It would allow for the preservation of the general character of the neighborhood.

Hancock Village was developed between 1946 and 1949 as the first and largest garden city apartment complex in Brookline and is one of the most important developments of that type in New England. It is significant as a far-sighted historically important collaboration between the town and the Boston-based John Hancock Mutual Life Insurance Company to provide both employment and housing for returning World War II veterans.

This article would preserve the integrity of the area into the future. It is designed to ensure compatibility of any alterations on the site with the existing neighborhood and abutting properties. And it also would ensure the preservation of the building scale and siting, pedestrian paths, rock outcroppings, courtyards, view sheds and other open spaces that define the character of Hancock Village.

In Board of Selectmen 09/20/2011 Page 10 of 16

Selectman Benka noted that one article is general the other specific.

Selectman Goldstein thanked Selectman Benka and Director of Planning and Community Development for these valuable tools that will not just help in the immediate future, but for many years to come. He asked about the statutory requirements and how the authority would be enacted.

Director of Planning and Community Development Levine stated that other communities have done home rule petitions, but there is no legislation requirement, it is simply done by local bylaw, there is no legislation and any application can be appealed under Mass General Laws.

Selectman Benka noted that the appeal provision would be under general statues; there is no specific enabling legislation as there is for zoning on local historical districts.

Chairman DeWitt noted that none of the existing communities who have these have been challenged in court.

Selectman Goldstein, remarked, not yet. He asked if there was any reason to have concern about the minimum number of parcels or spot zoning concerns.

Mr. Levine stated that they have thought about that, but are not worried about it.

Selectman Goldstein asked about the timing of these Articles and the Hancock Village project.

Mr. Levine noted that this was new for the Town, generally the article would take effect after approval from the Attorney General. Selectman Goldstein asked if this would be too late.

Chairman DeWitt noted that if it passes it could take up to 90 days from the adjournment of Town Meeting.

Selectman Benka stated that he would defer to Town Counsel for the effective date of the Articles.

Selectman Goldstein suggested given a specific date in the recommendation for approval.

Selectman Goldstein asked how this Article would interact with the Demolition bylaw. Mr. Levine responded that it was a parallel process.

Selectman Goldstein referred to 5.10.6 in Article 5 "Alterations exempt from Commission Review" asking about the determination of a decision. Mr. Levine In Board of Selectmen 09/20/2011 Page 11 of 16

stated that it would be similar to a Historical/Preservation exemption with the same timeframe. There is no public hearing requirement.

Chairman DeWitt indicated that if these Articles pass there would be additional administrative duties involved to prevent the clogging of the system with minor changes.

Selectman Goldstein asked if there was any thought given to extending the process to more than just the immediate abutters.

Selectman Benka responded that some thought was given to that, but it was determined that for the initial implementation of this provision it would be better to limit it to the abutters than to have it open ended.

Chairman DeWitt noted that the guidelines for an Oversight Committee indicate that it would consist of either a 5 or 7 person Committee. How is this to be determined?

Selectman Benka responded that the initial draft called for a 7 person Committee with 4 members being appointed by the Chair of the Preservation Commission and 3 members by the Board of Selectmen. However there has been some concern voiced about the burden being placed on the Preservation Commission who also oversees the Local Historic District Bylaw and the Demolition Bylaw. It has been suggested that the Committee have 5 members with 3 being appointed by the Preservation Chair and 2 by the Board of Selectmen.

Selectman Benka stated that we will need to feel our way through this. Different communities do it in different ways. For example Cambridge has a 5 member Oversight Committee with 1 member of the Historical Commission and 4 citizen members which has been criticized for not having enough members with expertise and the suggestion that things get done by who you know.

Chairman DeWitt stated that with additional districts close attention needs to be paid to staffing. Looking at the composition of the Preservation Commission, they do have the alternate members that they can draw on.

Selectman Benka stated that the Planning department Staff is being looked at and these issues will be part of that discussion. Also, the Preservation Chair has the option of appointing alternates.

Alisa Jonas of Precinct 16 spoke to Article 6 on behalf of the Hancock Village Neighborhood Association. The neighbors are in overwhelming support of this Article. If passed it will preserve our neighborhood from over development.

She thanked Selectman Benka, Dennis DeWitt and the Planning Board for their In Board of Selectmen 09/20/2011 Page 12 of 16

efforts in bringing both Articles 5 and 6 to Town Meeting.

Ms. Jonas gave a brief history of the Hancock Village neighborhood and the very specific zoning requirements put in place to protect the integrity of the area. She also noted that if the proposed Development moves forward that the density in the area will be six times higher than it is now.

Chairman DeWitt thanked Ms. Jonas for her presentation.

Selectman Benka noted that that NCD legislation is a very important step in regulating development. In particular Article 6 is important to prevent over development in Hancock Village. Article 6 would implement original guidelines.

Regina Frawley, resident for 45 years expressed her concern that she just received a copy of these articles and that this was not a public hearing. She indicated that in her brief scanning of the materials she didn't see any substance. No binding enforcement, just oversight, could end up being appealed in court.

Selectman Benka stated that any Bylaw could be challenged by an aggrieved person.

Ms. Frawley asked Selectman Benka how he sees this playing out in relationship to the Hancock Village proposal. He responded that he hoped the Bylaw would pass prior to the proposal going through.

Ms. Frawley asked a series of questions regarding the Articles and their guidelines.

It was suggested that Ms. Frawley read the articles which contains the answers to her questions.

Chairman DeWitt stated that these Articles will be discussed further at Town Meeting.

Ms. Frawley again stressed that the Board should hold a public hearing on these articles.

Bill Woo of Beverly Road wanted to also thank the Board for considering these Articles especially Article 6.

Brian McGee of Russet Road stated his appreciation for Article 6 and what it means for Hancock Village. He noted that the Developer met with the neighbors, but he does not trust the Developer. He is grateful for the protection this Article will give in preserving the neighborhood.

In Board of Selectmen 09/20/2011 Page 13 of 16

Attorney James Shea representing Chestnut Hill Realty was surprised that they were not notified or asked to consult on this issue, especially when his client is the sole subject of this warrant article. They have met with the neighborhood and have heard their concerns and understand that they do not want any more development. However, that is not where the discussions should end. My client is willing to talk to the neighbors and town about appropriate development. He noted that there is not a lot of trust in the neighborhood, but a lot of their concerns could be addressed in such a meeting. Mr. Shea also noted that Chestnut Hill Realty will protect its property rights. He thanked the Board for the opportunity to speak.

FOOD VENDOR LICENSE

The Board considered the question of approving the application of Amgad Minias d/b/a Philips Market, 34 Station Street. The applicant was present and represented by Attorney Truax.

Attorney Truax informed the Board that Mr. Minias is looking to relocate his business from 4 Brookline Place to 34 Station Street. The present location has been bought by Children's Hospital and his lease is up in May. Mr. Minias is a seasoned store owner with 16 years of experience. He has several locations in Boston, the Financial District, South Station and Tremont Street.

Chairman DeWitt noted that according to the Building report a permit has not been applied for as yet. She asked Mr. Minias if he plans on doing renovations to the premises and if so, does he understand that he will need to apply for a building permit as well as a sign permit through the Planning Department. Mr. Minias responded that he is aware that he must obtain both a Building and Signage permit.

Selectman Goldstein noted that in the application under type of food it says package store. Asked if this meant that he would only be selling pre-packaged food and that it wasn't a "package store". Mr. Minias responded that he would not be cooking or selling liquor it is only prepackaged food, fruits, vegetables and coffee.

Eric Austrew of 34 Station Street read a letter from members of the Condo Association for 31-34 Station Street listing their concerns about having a Convenience Store in the building. Their concerns include: Security - store does not have its own entrance which means patrons will enter the lobby of the building through an open door, which normally would be locked.

Second hand smoke - location is directly under bedrooms and if patrons smoke In Board of Selectmen 09/20/2011 Page 14 of 16

outside the store the smoke will rise into their windows.

Rats and other pests - the challenge of keeping vermin under control would be impossible if items for the store which vermin thrive on are stocked there.

Foot traffic and noise levels would increase from not only patrons entering and exiting store, but also deliveries.

Substantial property price impact - would expect homes to decrease in value if a business, which would have a negative impact on the quality of life were to move into the building.

Selectman Benka asked what was in the space previously. Mr. Austrew responded that it was used for Offices by the Art Institute and they only had occasional visitors.

Selectman Benka asked how the door situation was handled at that time. Mr. Austrew stated that there are two doors, the first door leads into the lobby with the mail boxes, the second door leads into the condos, and both have buzzers to allow entry.

Chairman DeWitt indicated that there might be some Preservation Easement on the property, which would be reflected in the Condo docs, and suggested that those be looked at before making any renovations.

Mr. Austrew stated that the Hair Salon and Puppet Showplace both have their own entrances.

Chairman DeWitt stated that she does not think the Board has enough information on this item to hold a vote.

Selectman Daly suggested that when this item is discussed again she would like to see addressed the security issues and rodent concerns.

Attorney Truaz stated that the rodent issue is monitored by the Board of Health and is an easy fix with routine weekly regiment, and the security issue is not a problem.

This is a main entrance to the building and they are required to keep the door opened for the post man, so the first door would be left opened and the second one locked. There would be no entrance available from the lobby to the condos. Mr. Austrew said the outer door was not left open; the postman had a key.

Selectman Mermell asked how deliveries would be made. Mr. Asmina responded In Board of Selectmen 09/20/2011 Page 15 of 16

that the deliveries would be made in the back. After some discussion it was determined that while the deliveries would be made in the back of the store the delivery trucks would actually be parked on Station Street.

Wilhelm Montero of 39-42 Station Street stated that his particular concerns are related to the deliveries. He already has problems with commuters parking their cars to take the T and blocking his driveway. He is concerned that this will become a bigger issue with this convenience store.

Selectman Benka expressed his concerns regarding the security and the propping of the door. Would like to see what the options could be for modifying the entrance.

Selectman Goldstein would like to see the applicant return with a plan addressing deliveries, rodents and security issues.

There was no vote on this item. Applicant will return at a later date with plans addressing the Board's concerns.

COMMON VICTUALLER LICENSE

The Board considered the question of approving the application of Aysel Ayna d/b/a PanRoma for a Common Victualler license at 1026A Commonwealth Avenue. Ayhan Ayna was present for applicant. All departmental reports were in order.

Chairman DeWitt asked the applicant if he had a lease for the premises and a menu. Ayhan Ayna responded that he does have a lease and showed the proposed menu to the Board.

Chairman DeWitt asked Mr. Ayna if he was planning to have any entertainment, television, radio, etc. He responded not at this time. He understands that if he decides to have entertainment he will have to apply for a license.

Chairman DeWitt asked Mr. Ayna about his previous experience. He stated that he has had a store of this type for six years and has safe serve training.

Chairman DeWitt asked who the Manager would be. Mr. Ayna responded that he is the Manager, his wife is the owner.

Selectman Daly noted that he was asking for a 2am closing. She pointed out that there are homes behind this property and such a late closing could cause problems with neighbors. Mr. Ayna responded that he more than likely will only be open until 11pm, but would like the option to stay open until 2am because most of the In Board of Selectmen 09/20/2011 Page 16 of 16

other business in the area are open until then.

Voted: to approve the application of Aysel Ayna d/b/a PanRoma for a Common Victualler license at 1026A Commonwealth Avenue

Aye: Betsy DeWitt, Nancy A Daly, Jesse Mermell, Richard W Benka, Ken M Goldstein

OPEN AIR PARKING LICENSE (ZIP CAR)

Public Hearing on the application of Church of Our Saviour, Stephen A. Williams, Senior Warden for an Open Air Parking Space License (Zip Cars) for 2 automobiles at 25 Monmouth Street.

Selectman Benka requested that this item be held. There are discrepancies in the payment of excise taxes by Zip Car to the Town. Director of Finance Stephen Cirillo is working on the issue and Selectman Benka would like to see it resolved before issuing further licenses for Zip Car parking. Selectman Benka made clear that this is a problem with Zip Car, not with the church.

ALL KINDS ALCOHOL/COMMON VICTUALLER

Public Hearing on the application of Khayam, Inc., d/b/a Khayam, Alireze Zarifiannazarlo, owner for an All Kinds of Alcoholic Beverages license as a Common Victualler at 404 Harvard Street.

This item was postponed until the October licensing meeting.

There being no further business the Chair adjourned the meeting at 10:05 pm.

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN

09/27/2011 th 6 FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy A Daly, Selectman Jesse Mermell, Selectman Richard W Benka, Selectman Kenneth M Goldstein

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community Interest.

The Olmstead Hill Project is on course.

The new re-programmed parking meters are working well, there were significant modifications done.

This is Banned Books week; Brookline Library will be participating in this national event, allowing previously banned books to be available.

West Nile has been found in Brookline. Please take precaution.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

MISCELLANEOUS

Approval of miscellaneous items pg. 3 - #s 13 to 20 - licenses, vouchers, and contracts.

In Board of Selectmen 09/27/2011 Page 2 of 17

GFOA BUDGET AWARD

Recognition of Deputy Town Administrator Sean Cronin and Assistant Town Administrator Melissa Goff on receiving the Distinguished Budget Presentation Award from the Government Finance Officers Association.

Town Administrator Mel Kleckner recognized Sean Cronin and Melissa Goff for receiving this prestigious award for executing an important document. Selectman Daly added that it gets better every year. The Board noted that as a financial document, it is user friendly, and gives a clear and transparent look at what the Town finances are. The Board appreciates the hard work, and congratulated everyone that worked on the budget.

BOARDS AND COMMISSIONS - INTERVIEWS

The following candidates for appointment/reappointment to Boards and Commissions will appear for interview:

Park and Recreation Commission Clara Batchelor Daniel Lyons Nancy O'Connor

Clara Batchelor is applying for re-appointment. She has served on Design Review Committees for Dane Park, Winthrop Park, Amory park and Juniper Park. She is currently working on the Billy Ward Playground and the Fisher Hill Reservoir Park. She is involved in discussions of a Town Skateboard Park. Ms. Batchelor is a landscape designer and enjoys applying her trade in serving on this Commission, and encouraging residents to participate.

Dan Lyons is applying for re-appointment. He has worked on Design Review Committees and numerous sub-committees for skate parks, cost recovery plan fees for various events and green dog licenses. Mr. Lyons would like to continue working on bike paths along the Muddy River and to maintain and improve Brookline’s Parks and Open Spaces.

Nancy O’Connor is applying for re-appointment. She has served on the Commission for 15 years. Ms. O’Connor has worked on many Design Review plans and most recently the Green Dog Program. She hopes to continue being involved with residents, providing them access and information on current and upcoming Park and Recreation improvements. Ms. O’Connor added that she would like to thank everyone involved in Fire Station 5 improvements. Its presentation was included in a multi-departmental event that made residents and staff proud to be a part of.

Selectman Benka stepped out 7:00 In Board of Selectmen 09/27/2011 Page 3 of 17

OPEN AIR PARKING LICENSE (ZIP CAR)-POSTPONED

Continued Public Hearing on the application of Church of Our Saviour, Stephen A. Williams, Senior Warden for an Open Air Parking Space License (Zip Cars) for two (20) automobiles at 25 Monmouth Street.

NOISE BYLAW WAIVER

Selectman Benka had previously raised questions about the grade reconstruction near Carlton and Hawes Streets. He asked if it makes sense to do it now with all the sewer work going on in this area. He also inquired about the large pit in the road and asked if a cover could be put on it when not working on the project. Director of Engineering Peter Ditto replied that they are trying to squeeze another travel lane in there, and that he will check the schedule; they may want to work right through the winter, but will check whether it can be covered to permit additional lanes.

Public Hearing on the request of MassDot in connection with the MBTA reconstruction of several at-grade crossings at various locations on the Green Line Beacon Street Branch to be conducted Friday 12M to 5AM Monday on the following weekends:

October 15-16 October 22-23

Director of Engineering Peter Ditto introduced Ray Martin, Track Engineer for the MBTA.

Mr. Martin outlined the project which includes compete removal and replacement of the existing tracks along the Beacon Street Green Line service. The work is necessary due to safety concerns. Chairman DeWitt asked about equipment that would be used. Mr. Martin replied that there would not be any jack hammering, but there would be the use of a front end loader and other machinery. The backup noise should be minimal due to the small size of the working area. Chairman DeWitt explained that this area has been hard hit with major road projects within the last few years, making it difficult for both residents and merchants along lower Beacon Street. Mr. Martin acknowledged this and stated that some mitigation has been put in place including offsite parking for the work crews, and a minimal staging area. He also noted that the loudest work would be done during the daytime hours, and there will be Police details to help with any traffic disruptions. The work is to be done on the weekend to be less obtrusive for the T patrons. There will be bus service on the route these two weekends.

Leah Cohen of the Brookline Chamber of Commerce, and local resident stated that she In Board of Selectmen 09/27/2011 Page 4 of 17

is happy to hear that they are mitigating employee parking, and that extra parking will not be taken. She was also glad to hear the project is rain or shine, so it will not be prolonged.

On motion it was

Voted to approve the request of MassDot for a Noise Bylaw Waiver in connection with the MBTA reconstruction of several at-grade crossings at various locations on the Green Line Beacon Street Branch to be conducted Friday 12M to 5AM Monday on the following weekends:

October 15-16 October 22-23

Aye: Betsy DeWitt, Nancy A Daly, Jesse Mermell, Kenneth M Goldstein Absent: Richard W Benka

LIQUOR LICENSE REGULATIONS

Selectman Benka returned Public Hearing on the proposed changes to the Town's Liquor Licensing Regulations.

Chairman DeWitt stated that the Licensing Review Committee has incorporated changes in statutes and procedures, from the last time the regulations were reviewed which was about 20 years ago. They looked at best practices, similar communities, and to make Brookline’s regulations up to date. The Selectman plan to vote on the regulations before the annual license renewals are mailed out on November 1st. The Board welcomes feedback and is open to additional changes in the regulations. The Board is aware that Brookline is a valued dining destination, and a vital part of the community. Chairman DeWitt noted that this is an extensive process for a new applicant and their efforts were to try to make them as streamlined and thorough as possible. The Selectmen are given the licensing authority in order to protect the public and to determine if the public need and good will be served when considering the application.

Associate Town Counsel Patty Correa presented a PowerPoint of the changes made to the regulations. Two major changes are; the addition of temporary liquor licenses for events, and the elimination of the regulation that allows a maximum of two drinks without food to be served, which now makes clear that the Manager of the establishment is responsible that nobody is over served alcohol.

The Chair took Public Comment:

In Board of Selectmen 09/27/2011 Page 5 of 17

Attorney Robert Allen representing 17 local restaurants owners spoke on their behalf. They appreciate the acknowledgment of their importance to the Town. It is a difficult community to do business in due to the high rents. They are pleased to work with the Board in this matter. Mr. Allen expressed dismay that the notification came at a late date in this process, and requested that the Board hold off on a vote to give some time to review the document which he feels has some minor wordsmithing to be done. Several of his clients have some concerns on various topics and request that they are given the chance to meet on a more informal environment, perhaps at the next Licensing Review Committee meeting to discuss their concerns. It will be a good way to express to them where you came up with this and what is the logic. Maybe the renewal date can be pushed back and the new regulations sent with the renewal applications. This way, if you receive the renewal you know they received the new regulations. In the meantime he can present some of the wordsmithing to the Committee in advance. Chairman DeWitt replied that she has no problem with that, they welcome people to attend the License Review Committee meeting on October 17th. Selectman Goldstein echoed that, as Co-Chair of the Committee.

Selectman Daly asked if there was some new language inserted that he is concerned about or is it the original language. Attorney Allen replied both, for instance there is a regulation stating that employees can not drink on the premises. The intent he believes is during their working shift, he does not think that the intention is they cannot patronize the restaurant on their time off. This is an example of unintended consequence that may need some clarification.

Chairman DeWitt acknowledged that this was not their intention, and there is obviously some wordsmithing needed. Selectman Mermell noted the time restraints and acknowledged that the Committee has put in a great amount of work and time into this. She is happy that this can be addressed within their important timeline. The input of the restaurant owners is important to point out these unintended consequences.

There was no more public comment; the Chair will consult with the Committee on the open meeting date of October 17th, and make the proper notifications.

WARRANT ARTICLES

Review of the following Warrant Articles for the November 15, 2011 Fall Town Meeting:

No. Article 3. FY2012 Budget Amendments (Selectmen)

7. Tobacco Control (Vitolo)

8. Fingerprint-Based Background Checks (Police Chief) In Board of Selectmen 09/27/2011 Page 6 of 17

Article 3

FY2012 Budget Amendments (Selectmen)

Deputy Town Administrator Sean Cronin stated that the final State budget contained higher revenue sharing allocations for Brookline than assumed in the budget approved by Town Meeting. Also, concerning health insurance, with the GIC we are no longer able to know what the health insurance rates will be by the budget deadline. It came in below budget last fiscal year. We took the town’s share from the group health budget and added it to the State Aid and put 50% into OPEB and 50% into the stabilization fund. This will help our fund balance levels.

Selectman Benka was pleased that OPEB and the stabilization fund are being addressed. He asked how are our local receipts are. Mr. Cronin replied that he will have a better answer in the next couple of weeks. However, there is nothing that leads him to pull back on his local receipts estimates.

Town Administrator Mel Kleckner added that due to recent discussions with Moody’s, as related to the federal debt ceiling crisis, we are addressing their concern. Selectman Daly added that having a AAA bond rating is critical to get the best bond rates for our capital projects. Selectman Benka added that Moodys has not given credit for OPEB allocations. Selectman Daly stated that the auditors have mentioned OPEB for the last several years. Not putting funds there would be a strike against us. Selectman Benka agreed and added that we are taking steps in this aspect that so few communities in Massachusetts are taking, but Moody’s is focusing on the unrestricted fund balances. Mr. Kleckner added, if we didn’t show progress, we probably would face an adverse impact. It is a balancing act between funding the OPEB fund and funding the stabilization fund.. Mr. Cronin added that they weigh municipal debt on how the Town plans and follows through on it.

Article 7

Tobacco Control (Vitolo)

Tommy Vitola TMM1 reviewed his Warrant Article:

In order to protect the health, safety and welfare of the inhabitants of the Town of Brookline, including but not limited to its younger population, by restricting the sale of tobacco products now known to be related to various and serious health conditions such as cancer, this by-law shall limit and restrict the sale of Tobacco Products within the Town of Brookline.

Second, amend Section 8.23.1, DEFINITIONS by changing the Section No. to In Board of Selectmen 09/27/2011 Page 7 of 17

8.23.2 and renumbering the remaining sections accordingly and by adding the following definitions to said section:

k. Health Care Institution - An individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed, or subject to licensing, by the Massachusetts Department of Health under M.G.L. c. 112. Health care institution includes hospitals, clinics, health centers, pharmacies, drug stores and doctors’ and dentists’ offices.

l. Entity - any single individual, group of individuals, corporation, partnership, institution, employer, association, firm or any other legal entity whether public or private.

m. educational Institution - any public or private college, normal school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education.

n. Retail Establishment - any store that sells goods or articles of personal services to the public.

Third, amend Section 8.23.4, SALE AND DISTRIBUTION OF TOBACCO PRODUCTS by amending the existing paragraph a. (language to be deleted is underlined and new language appears in bold) and further by adding the following paragraphs f, g. and h. to said section:

a. Permit – No Entity person, firm, corporation, establishment or agency otherwise permitted to sell tobacco products shall sell such tobacco products within the Town of Brookline without a valid tobacco sales permit issued by the Director of Public Health. Permits must be posted in a manner conspicuous to the public. Tobacco sales permits shall be renewed annually by June 1st, at a fee set forth in the Department’s Schedule of Fees and Charges.

f. Prohibition Against the Sale of Tobacco Products by Health Care Institutions - No health care institution located in the Town of Brookline shall sell or cause to be sold tobacco products. Additionally, no retail establishment that operates or has a health care institution within it, such as a pharmacy or drug store, shall sell or cause to be sold tobacco products.

g. Prohibition Against the Sale of Tobacco Products by Educational Institutions - No educational institution located in the Town of Brookline shall sell or cause to be sold tobacco products. This includes all educational In Board of Selectmen 09/27/2011 Page 8 of 17

institutions as well as any retail establishments that operate on the property of an educational institution.

Fourth, amend Section 8.23.5, VIOLATIONS AND PENALTIES, by deleting Section 8.23.5(c) and replacing it with the following section:

c. Any entity violating any other section of this by-law shall receive a fine of three hundred dollars ($300.00) for each offense.

Fifth, by further amending Section 8.23.5 by adding the following language:

f. Each calendar day an entity operates in violation of any provision of this regulation shall be deemed a separate violation.

g. No provision, clause or sentence of this section of this regulation shall be interpreted as prohibiting the Brookline Health Department or a Town department or Board from suspending, or revoking any license or permit issued by and within the jurisdiction of such departments or Board for repeated violations of this regulation.

Sixth, to amend Article 10.3, NON-CRIMINAL DISPOSITION, Table of Specific Penalties Under Article 10.3 by deleting the language under the heading Article 8.23, Tobacco Control and replacing it with the following language:

Mr. Vitolo added that CVS stores have been asked many times for comments on this issue and there has not been much of a response.

Selectman Goldstein asked if the idea behind banning cigarettes at CVS (using as an example) is it more of a symbolic gesture or is it something more dangerous. Mr. Vitola replied that only those CVS with a pharmacy; most pharmacists are against the sale of cigarettes 4 to 1. Selectman Goldstein noted chocolate bars, sugary sodas and the like, they’re considered unhealthy products, where would this end? Mr. Vitolio replied that cigarettes are one product that is harmful if used as intended, making it very distinct and unusual. Selectman Mermell agreed that these other products are not potentially harmful if used in moderation.

Selectman Benka expressed concerns about the consequences. He pointed out several locations that would be banned from the sale of cigarettes and noted where the nearest location to purchase them would be; in most cases it was a gas station or a liquor store. Is this somewhere we want to push our youth and others to shop? Gas stations have a high record of not asking for identification when selling cigarettes, and it is evident why we would not want to encourage individuals to enter liquor stores, since we could be creating more problems. The problems could be greatest for individuals who are both tobacco and alcohol dependent. Selectman Benka supports the ban at educational institutions. The distance to the nearest vendor could be a deterrent for students if In Board of Selectmen 09/27/2011 Page 9 of 17

tobacco was not sold on campus.

Bruce Cohen, Advisory Council on Public Health stated that the Council voted unanimously to support this article. It helps restrict access to tobacco. The goal is not to dictate individual behavior, but to provide good public health, and feels that to improve health and quality of life in Brookline this article should be considered favorably. He added that here is no evidence that shifting sales has increased underage drinking; however there is no study.

Selectman Goldstein asked how big an issue is smoking in Brookline, it appears there are not many smokers. Director of Health and Human Services Alan Balsam replied that among Brookline adults the percentage is 7.5 % compared to 17% in Massachusetts, among youths it is around 15% which is still lower than the State and National average. He added that this Warrant Article is not the answer; there are many factors, to take into account in trying to reduce these numbers.

Selectman Daly asked how this would be enforced. Mr. Balsam replied we don’t expect any problems; retailers have indicated that they are not opposing this Article. He has not seen an issue in other locations that have adopted this policy.

Selectman Mermell asked what the average age one begins smoking. Mr. Balsam replied 14, which is someone more likely to be in Walgreens than in liquor stores. He then reviewed the enforcement policy of selling tobacco products to minors which does consists of stings, and compliance checks. Offenders will have their permits pulled.

Donald Wilson, Director of Municipal Tobacco Control Assistance Program spoke in favor of the Article. He stated that they are comparing this to the elimination of cigarette sales in hospital vending machines and gift shops. Pharmacies are the last of the medical institutions that still sell tobacco. He added that the City of Boston passed this three years ago for both educational institutions and pharmacies with no implications, and so far fewer places for kids to get cigarettes; also no law suits or fines have been issued. The Retailer’s Association has sent out its standard letter against the Warrant Article that the Board has received.

Chairman DeWitt wondered if there are patterns of lawsuits that we could anticipate as we further and further restrict sales of tobacco products.

Article 8

Fingerprint-Based Background Checks (Police Chief)

Chief O’Leary reviewed the Warrant Article: In Board of Selectmen 09/27/2011 Page 10 of 17

For public safety reasons, there is a need to conduct criminal record background checks of persons seeking a Town license to conduct certain occupational activities within the Town. Liquor licensees and their managers, hawkers and peddlers, taxi cab operators, door-to-door solicitors, second-hand dealers, automobile dealers, and ice cream truck vendors hold a position of trust with children, elderly people and other people at risk, gain possession of another person’s property, and/or assume control of premises selling alcoholic beverages. State law requires municipal licensing authorities to conduct criminal record background checks of liquor license applicants and their proposed managers and of ice cream truck vendor license applicants, and permits municipal licensing authorities to conduct such background checks of the other occupational license applicants addressed by this proposed by-law.

Until now, the method of criminal record background checks permitted by law has been a name-based check that only searches a person’s name within the Commonwealth of Massachusetts’s probation records. The results of such searches include only Massachusetts criminal records; they do not include the criminal records of other states or pertaining to federal crimes. In addition, name-only-based checks do not include crimes where the subject used a false name at the time of the arrest. Thus, name-based checks could lead to license approvals of unsuitable persons who pose a risk to the public. Moreover, some experts believe that name-based checks carry a high error rate. For that reason, they could lead to false accusations against innocent people having names similar to wrongdoers. For these reasons, biometrically-based criminal record background checks such as those based on fingerprints are considered to be more reliable than name-based checks.

Federal law permits the FBI to assist with national criminal record background checks for municipal licensing purposes only when based on fingerprints and only for municipalities that have enacted a local law authorizing the FBI to do so. On August 5, 2010, as part of the CORI reform law (“CORI” stands for “criminal offender record information), the Governor signed legislation (codified at Chapter 6, Section 172B ½ of the Massachusetts General Laws) providing municipalities with the authority to pass ordinances and by-laws that would authorize and permit the FBI to assist with fingerprint-based national criminal record background checks in connection with such professional or occupational licensing as the municipality may specify in its ordinance or by-law. This provision of the CORI reform law takes effect on May 6, 2012; the by- law, if passed, would not be implemented until then.

Selectman Daly asked if the applicant would be allowed to dispute it. Chief O’Leary replied that we have to provide them with the record and go over it with the applicant. Selectman Daly stated that as the licensing authority, we can use the information for the sole purpose of an application; can the Chief act should a serious offender be found? The Chief replied yes.

Selectman Mermell asked about the process. We would have fingerprints, and send them to the State, what happens then to the fingerprints. The Chief replied we would In Board of Selectmen 09/27/2011 Page 11 of 17

submit them to the State agency and they keep them on file. They are separate from the criminal database; they are stored in a civil database. They would also fall under the State’s retention rules. He understands there is some concern raised here, but this is about putting people through a background check for the safety of the community. The vast majority we put through a background check are ok. The Chief added we are not the only community doing this. This policy would ensure accuracy; anybody can use somebody else’s name, but not their fingerprints.

Selectman Goldstein questioned auto dealers being on the list, and the need for them to be fingerprinted. The Chief replied that this refers to secondhand auto dealers. The Board questioned if this category should be excluded. Associate Town Counsel Patty Correa replied that dealers of new automobiles are licensed under a State Statute.

Selectman Benka noted the absence of lodging house applicants. Chief O’Leary replied he will look into that, but thinks it was not on the list of recommended applicants to perform a background check. Selectman Benka noted that the FBI controls the national criminal database, and presently does not allow access for civil purposes such as licensing. In order to get access for civil purposes there has to be a State law to approve it, and Massachusetts has set up a procedure. One concern is taxi drivers; now we cannot determine if a taxi driver has for example, been convicted of rape in Rhode Island. The Chief agreed, we are allowing residents to enter their vehicles without knowing their criminal background, it is a concern. We are telling people to get into a car where it may not be safe to do so. The Department inquired about doing out of state hackney checks, and was told that we needed a local bylaw to permit inquiry into criminal records beyond the borders of Massachusetts.

Chairman DeWitt would like to make sure that applicants and license holders know this may be forth- coming. Ms. Correa replied that current license holders would not be subject to this.

BOARD AND COMMISSION APPOINTMENTS

Question of making appointments/reappointments to the following Boards and Commissions:

Board of Appeals Board of Assessors Board of Examiners Building Commission

Board of Appeals

On motion it was unanimously, In Board of Selectmen 09/27/2011 Page 12 of 17

Voted: to appoint Christopher Hussey to the Board of Appeals as a full member for a term ending August 31, 2014 or until a successor can be appointed.

Voted: to re-appoint Mark Zuroff to the Board of Appeals as an Associate member for a term ending August 31, 2014 or until a successor can be appointed.

Board of Assessors

On motion it was unanimously,

Voted: to re-appoint Harold Peterson the Board of Assessors for a term ending August 31, 2014 or until a successor can be appointed.

Board of Examiners

On motion it was unanimously,

Voted: to re-appoint Barnett Berliner to the Board of Examiners for a term ending August 31, 2014 or until a successor can be appointed.

Building Commission

On motion it was unanimously,

Voted: to re-appoint David Pollack to the Building Commission for a term ending August 31, 2014 or until a successor can be appointed.

COUNCIL ON AGING

Question of making appointments to the Council on Aging as recommended by the Council's Nominating Committee.

On motion it was unanimously,

Voted to approve the appointments to the Council on Aging as recommended by the Council's Nominating Committee.

Term ending August 31, 2014

Helen Lew, Evelyn Roll, William Wong, Peter Ames, Doris Toby Axelrod

In Board of Selectmen 09/27/2011 Page 13 of 17

Phyllis Baum, Judith Chernoff, Harry Johnson, Claire Lurie

Term ending August 31, 2013

John Mulhane

Term ending August 31, 2012

Judith Chasin, Philip Fullerton, Yolanda Rodriquez

MISCELLANEOUS

Question of approving the minutes of September 13, 2011.

On motion it was unanimously,

Voted to approve the minutes of September 13, 2011 as amended.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

BAA HALF MARATHON

Question of authorizing Town Administrator Melvin Kleckner and Chief Daniel O'Leary to execute the Special Use Permit in connection with the BAA Half Marathon scheduled for October 9, 2011

On motion it was unanimously,

Voted to authorize Town Administrator Melvin Kleckner and Chief Daniel O'Leary to execute the Special Use Permit in connection with the BAA Half Marathon scheduled for October 9, 2011

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of approving and executing a contract in the amount of $6,159,185 with Nauset Construction Corp., of Needham in connection with the Heath School Renovations and Additions Project. Said contract to be funded from account 2594C168 6C0002. In Board of Selectmen 09/27/2011 Page 14 of 17

Owner Project Manager Ray Masak stated that he is here to recommend the contract to the low bidder; this vendor was approved by the appropriate authorities.

Selectman Goldstein thanked Mr. Masak for working diligently on getting this done, and thanked the neighbors and school participants. There will be some extras that will be feasible now. Mr. Masak replied yes, we will start thinking about some surplus funding. He added that these classrooms will be filled.

On motion it was unanimously,

Voted to approve a contract in the amount of $6,159,185 with Nauset Construction Corp., of Needham in connection with the Heath School Renovations and Additions Project. Said contract to be funded from account 2594C168 6C0002.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of awarding and executing Contract No. PW/12-11 "Cold Plane and Resurface Eight Streets" in the amount of $493,165.00 with D&R General Contracting, Inc. of Melrose. Said contract to be funded from account 4911K058 6H0026 Street Rehab.

Director of Engineering Peter Ditto stated that on September 8, the Department of Public Works opened bids for the cold planning and resurface project. There were three bids from qualified contractors. This contract involves resurfacing and milling of pavement. The streets involved are non passable.

On motion it was unanimously,

Voted to award and execute Contract No. PW/12-11 "Cold Plane and Resurface Eight Streets" in the amount of $493,165.00 with D&R General Contracting, Inc. of Melrose. Said contract to be funded from account 4911K058 6H0026 Street Rehab.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

AMENDMENT AND EXTENSION

Question of approving and executing an Amendment and Extension to the In Board of Selectmen 09/27/2011 Page 15 of 17

FY2011 CDBG Contract for Design & Preliminary Engineering services in connection with the Pedestrian/Bicycle Crossing of Route 9. Said Amendment/Extension to be funded from account 1847G011 524003.

Director of Parks and Open Space Erin Gallentine stated that there was already a vote to transfer the funds, this will enable a streamlined document for the existing project and update the scope.

On motion it was unanimously,

Voted to approve and execute an Amendment and Extension to the FY2011 CDBG Contract for Design & Preliminary Engineering services in connection with the Pedestrian/Bicycle Crossing of Route 9. Said Amendment/Extension to be funded from account 1847G011 524003.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of awarding and executing Contract PW/12-06 "Emerald Necklace Bicycle and Pedestrian Crossing" in the amount of $150,392.00 to Greenman-Pedersen, Inc., of Stoneham. Said contract to be funded from the following accounts:

1847G011 524003 $127,179.24 4995SW70 524010 $ 23,212.76

Director of Parks and Open Space Erin Gallentine stated that this is for design and engineering services for pedestrian/bicycle crossings. Selectman Benka pointed out that the scope of phase 1 is intended to include traffic and circulation analysis for the entire project that is, for 5 crossings and not just one crossing. He would like to identify where in the contract the 5 areas are specified so that we get what we think we are getting with the contract. Ms. Gallentine replied that stage 1 will come up with a conceptual design that will address just one crossing. Director of Engineering Peter Ditto added that under task three, the other four crossings are intended. Selectman Benka would like to see this issue defined in the contract more clearly. Ms. Gallentine replied it will be included in a map.

On motion it was unanimously,

In Board of Selectmen 09/27/2011 Page 16 of 17

Voted to award and execute Contract PW/12-06 "Emerald Necklace Bicycle and Pedestrian Crossing" in the amount of $150,392.00 to Greenman-Pedersen, Inc., of Stoneham. Subject to approval of Town Counsel as to form, including definition of the project area for Phase 1. Said contract to be funded from the following accounts:

1847G011 524003 $127,179.24 4995SW70 524010 $ 23,212.76

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

EXTENSION OF CLOSING HOURS

Question of approving the request of Grill on the Green, Inc., d/b/a Grill on the Green, Lisa Wisel Owner, holder of a Wine and Malt beverages license as a Common Victualler at 1281 West Roxbury Parkway for an extension of closing hours from 11pm to 12M in connection with a Dance Party to be held on Saturday November 12, 2011.

On motion it was,

Voted to approve the request of Grill on the Green, Inc., d/b/a Grill on the Green, Lisa Wisel Owner, holder of a Wine and Malt beverages license as a Common Victualler at 1281 West Roxbury Parkway for an extension of closing hours from 11pm to 12M in connection with a Dance Party to be held on Saturday November 12, 2011.

e

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

PERMIT TO SERVE ALCOHOLIC BEVERAGES (NO-SALE)

Question of granting a Permit to serve alcoholic beverages (no-sale) to Larz Anderson Auto Museum in connection with a Birthday Party to be held on September 30, 2011 from 6pm-11pm at 15 Newton Street.

On motion it was unanimously,

Voted to grant a Permit to serve alcoholic beverages (no-sale) to Larz Anderson Auto Museum in connection with a Birthday Party to be held on September 30, 2011 from 6pm-11pm at 15 Newton Street.

In Board of Selectmen 09/27/2011 Page 17 of 17

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

There being no further business the Chair adjourned the meeting at 10:15 pm.

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN

10/04/2011 th 6 FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy A Daly, Selectman Jesse Mermell, Selectman Richard W Benka, Selectman Kenneth M Goldstein

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community Interest.

The Annual Meeting of the Brookline-Quezalguaque Sister City Project was informative and impressive noting the work that a small group of volunteers do in efforts to improve the quality of life in Quezalguaque Nicaragua. Important research is being done to identify the cause of an epidemic of Chronic Kidney Disease (CKD) impacting the region. For more information go to Brooklinesistercity.org.

Chief O'Leary announced that the Police Department has compiled a list of loud party complaints and it is available on the Town's website.

SELECTMEN UPDATES

Reports by individual Selectmen on activities related to carrying out the responsibilities of the Board.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

In Board of Selectmen 10/04/2011 Page 2 of 12

FIRE CHIEF

Question of making an appointment to the position of Fire Chief.

Chairman DeWitt stated that this agenda item is being postponed due to a decision that the Town Administrator made based on negotiations being made with the candidate.

Town Administrator Mel Kleckner stated that he will defer this for one week. There has been a decision made on a candidate, but there needs to be an agreement on the contract. Mr. Kleckner briefed everyone on the process and the steps that were taken by an appointed Screening Committee. There were 53 applicants including several in- house applicants. The Screening Committee and an experienced consultant, union representatives and department heads were involved in the selection process. Mr. Kleckner is confident that an agreement with the candidate can be reached by next week’s Selectmen’s meeting.

BOARDS AND COMMISSIONS - INTERVIEWS

The following candidates for appointment/reappointment to Boards and Commissions will appear for interview:

Human Relations/Youth Resources Georgi Vogel Rosen

Housing Advisory Board Rufus Philips Rita McNally

Women's Commission Beth Fagan

Human Relations/Youth Resources - Georgi Vogel Rosen is interested in civil rights issues. She is involved in anti-Semitism and Islamophobia organizations in a volunteer capacity. She stated that it occurred to her that she usually volunteers outside of Brookline and would like to be involved within the community. She feels this is a good fit for her.

Housing Advisory Board -Rufus Phillips is applying re re-appointment. He is a lender for affordable housing buyers and previously has worked for Mass Housing. He would like to continue looking at new developments, like Hancock Village and its impact on affordable housing. He noted that delayed state funding has made it difficult to expand affordable housing in Brookline, as well as limited land opportunities, making affordable housing a challenging task. In Board of Selectmen 10/04/2011 Page 3 of 12

Womens Commission -Beth Fagan has a marketing background and is an experienced event planner. There are 6 events a year held by the Commission and feels she could assist in this group with her background in design which could help with marketing materials. Ms. Fagan would like to address the needs of lower income woman in the community.

Housing Advisory Board -Rita McNally is applying for re-appointment. She has been active in this area since the 1980's. She would like to continue working on the Dummer Street Project, which will give the Town 32 low-income units which is much needed. Ms. McNally added that there is great work being done in Homeowners Assistance programs through Town staff. It is difficult to increase affordable housing opportunities now that funding is limited, and many people losing their homes, are seeking help.

ANNUAL TOWN MEETING WARRANT ARTICLES

Review and possible vote on the following Warrant Articles for the November 15, 2011 Town Meeting:

No. Title 9. Leaf Blowers (Fischer)

11. Legislation Removing Brookline from Norfolk County (Lebow)

12. Resolution to Abolish Norfolk County (Lebow)

14. Resolution on Multi-Space Meters (Lebow)

Article 9 -Leaf Blowers (Fischer)

Petitioner Andrew Fisher reviewed the explanation: Three years ago, in the November 2008 Town Meeting, an article to limit moderately the use of power leaf blowers was narrowly voted no action. The strongest argument against the article was that there were provisions in the newly revised town noise ordinance voted into effect at the same Town Meeting, and a number of Town Meeting members deferred to the new noise ordinance, to give it a chance to control the abuse and excessive noise and use of power leaf blowers. Three years have passed and the noise ordinance has had little noticeable effect at all upon the abuse of power leaf blowers. Thus Town Meeting should revisit a reasonable limitation on the abuse of power leaf blowers. In Board of Selectmen 10/04/2011 Page 4 of 12

Leaf blowers are not just a source of offensive noise but are a usually wholly unnecessary source of air pollutants, including carbon dioxide (CO2), particulate matter (PM10), fine particulate matter (PM2.5), carbon monoxide (CO), mono-nitrogen oxides NO and NO2 (NOx), and sulfur dioxide (SO2). These emissions contribute to climate change, regional haze, acid rain and ground level ozone. Furthermore, these emissions contribute to heart disease, lung disease, asthma attacks and other medical problems. At a time when we seek to reduce our carbon footprint and our dependence on foreign oil, we see too many instances where a landscape employee powers up a gas powered leaf blower to blow a few grass clippings off a walkway or where apartment maintenance staff cleans dust off the sidewalk and entryway with a power leaf-blower instead of using a broom. This is an unnecessary use of oil and the kind of behavior we need to eliminate if we are to battle global warming and our dependence on foreign oil.

While some would ban leaf blowers altogether, this article provides a reasonable regulatory balance, still allowing homeowners to use leaf blowers for their intended use, to gather leaves up in the spring and fall, but limiting the excessive use where inappropriate.

Selectman Goldstein stated that he not particularly bothered by the noise. If it is an OSHA issue, they should deal with it. It has become a fact of life that we have noise from various equipment used throughout the day, we live in a noisy world and where does it end. However, he is interested in the omissions. If we are providing more gases and carbon omissions as a community, we should be looking at ways to reduce these omissions. What about electric leaf blowers, the Article makes no exception for them. Mr. Fisher replied that his thought was the electricity moves omissions from your house to the power plant; he would be open to the omission of them. Not about to propose stopping the use of gas lawn mowers. He indicated that his landscaper has stopped leaf blowing and has not increased the invoice or added much time to the task. We need to have a discussion in the community, and start in our own yards to determine what we can do without. This is the beginning of that discussion.

Selectman Daly noted that the Article exempts its use at municipal parks and open spaces. She asked if this includes the sidewalks in front of schools, where it could become a slip and fall hazard. She also inquired about large areas like Newbury College and the County Club that have significant grounds to keep up, adding that twenty or thirty years ago you could hire help much cheaper, the maintenance cost is much higher than it was years ago. Mr. Fisher replied that municipalities in California have banned its use, and has noted that it hasn’t increased any costs. There is no exemption in California which includes the University of Berkeley California which is a very large area.

Selectman Mermell stated that she in agreement with the intent of the Article. She feels that just because the technology didn't exist years ago, there are now technology advancements, that’s how the world works. She is also not sure we can make an In Board of Selectmen 10/04/2011 Page 5 of 12

example of the Town and then exempt the Town from complying with the regulations. Mr. Fisher replied just because we have the technology does not mean we need to burn the fuel. It is the common good. Selectman Benka added this may be framed in terms of the common good, but, at the same time it exempts the largest land owner which is the Town itself, while sticking it to the private property owners. Mr. Fisher replied that this does not ban leaf blowers, it limits them to use only when the season is needed. We really don't need to blow the cigarettes butts of the sidewalk when you can pick them up.

Selectman Goldstein would like to see what the real impact in terms of carbon omissions is and that we might expect in banning them in those months. You would need to quantify this in a way to understand. Mr. Fisher replied that you can’t do that because we don’t know the uses of it now.

Carol Caro TMM# 8 stated that single family houses in her neighborhood have gardeners that come with leaf blowers 12 months of the year. They blow debris in the public way, which is a nuisance in the summer months when the windows are open. It becomes a quality of life issue. She also noted that many landscapers and homeowners that she has spoken to are not familiar with the Noise By-law. This Article just limits the times when leaf blowers can be used and spares the rest of us from the noise and dust.

Selectman Benka noted that the regulations would apply to the Brookline Housing Authority as well.

Bob Basile TMM#16 a licensed builder and current Treasurer of BIC (Brookline Improvement Coalition), and has been in real estate and management for the past 50 years, spoke in opposition of the Article. He stated that the restricted months are unreasonable and senseless. Maple leaves shed their leaves well after Dec 15, and through the winter. The leaf blowers also provide clean commercial areas and help to eliminate rodents in those areas. The newest equipment has a vacuum shredder that allows a safe and effective way to clean out gutters. The mulching ratio to dry leaves is 14 to 1. The cost would be considerably less. They provide fast clearing of light snow that frequently occurs during the long winters. His company always replaces their leaf blowers with quieter and more environmentally friendly ones that are less harmful. Last year from May to the end of June he had planted 2600 plants in the community and leaf blowers constantly help clean up the leaves. In the Spring he planted 8300 bulbs in Brookline and the blower nozzle causing less damage and consumes the least amount of fuel. Mr. Basile feels that allowing the DPW their use while excluding contractors is discrimination, why shouldn't the residents have the same rights as the DPW employees. We work hard all year long to maintain our properties. Local landscaper’s would need ten man hours to do what one man can do with leaf blowers. Also, several landscapers have told him they would be forced to raise their rates, which will affect condo owners, as well as private property and commercial owners, and pose a safety issue for elderly property owners. He added that he could not find another In Board of Selectmen 10/04/2011 Page 6 of 12

community in Massachusetts that has a similar By-law.

Fred Lebow, Colchester St. stated that the By-law has been reviewed by an acoustical engineer and there are ten communities that adopted the Noise By-law, but you have to go to California to find these strict regulations. The OSHA issue applies to the employees, not the Town. As time goes on and people will replace their leaf blowers with the new quieter ones. The Noise By-law as only been on the books for a year and a half, give it time. The leaf blowers assist the elderly and help clean out gutters, and help keep the community clean and presentable. Mr. Lebow also stated that the Advisory Sub-committee on Capital has voted against this Article, he is a member of that Committee.

Article 11- Legislation Removing Brookline from Norfolk County (Lebow)

Article 12 -Resolution to Abolish Norfolk County (Lebow)

Fred Lebow, petitioner, stated that he represents two Articles, one to remove us from Norfolk County, and the other is a Resolution acting as a companion Article seeking that the Selectmen file a home rule petition to remove Brookline as a community member of Norfolk County. What Town meeting has previously asked for was a report from Brookline indicating how many other communities felt they were getting no value out of their yearly assessment to Norfolk County. They wanted to see what kind of support was out there, knowing that there are some communities that would like to leave the County as well. Brookline is paying $700k a year to the County which will go up, and they keep waiving the courthouse at us as a deterrent. The Brookline Court system is strictly a budget issue within Norfolk County; Brookline has no more influence over it than anyone. Brookline continues to receive liabilities and getting nothing in return. We have an obligation to pay for services where we have more capabilities than they do; at what point do we decide how much are we willing to pay on this possible threat of the court closing. Since 2004 Brookline has paid 3.5 million dollars to Norfolk County.

Chairman DeWitt asked why the 2 Articles. Mr. Lebow replied that one says we have a legal right to leave Norfolk County if enough legislators ok it; we have a right to do that with a Warrant Article, on the other side we don’t have a right to eliminate Norfolk County, the Resolution Article request to petition to file with the General Court to abolish the Norfolk County Government. Municipalities which are located in counties where the county government has been dissolved receive basically the same services from the State that was previously provided by the County.

Selectman Goldstein agrees when it comes to basic inequity we are not receiving any value for our assessment, and neighboring communities in dissolved counties are not paying any assessment. Where he differs at this moment is whether this is the right time as a result of recent action on this issue. This issue is now being discussed within In Board of Selectmen 10/04/2011 Page 7 of 12

the County Administration and State Representatives. More communities will hear our position at the County’s next meeting. The County has brought forward a Bill where the chances of success may not be promising, but this Warrant Article’s chances are even worse. The County’s Bill may have a chance because it has a lot of communities and representatives behind it; Brookline is a lone voice on ours. It looks better for everybody to be behind one Bill. The Brookline District Court is being proposed for the chopping block; no doubt this is partly a political decision. We are trying to abolish Norfolk County, at same time trying to save our courthouse. Mr. Lebow replied that the courts are not a political subject, it is a financial one.

Selectman Mermell agreed we are getting the short end of the stick, but, also agrees that this is not the time to do this. Anything with a large backing has a better shot of making progress.

Selectman Benka asked why the Agricultural School is the responsibility of Norfolk County. Brookline has one student there, and there are also students from outside the County. There is a meeting tomorrow to discuss the schools anticipated finances. If Brookline’s representative does not attend and there is no quorum what happens. Selectman Goldstein stated that he is not sure that without Brookline there would not be a quorum. The Town in effect would be the guarantor of the bond. Students who live outside the County pay tuition upwards of $29,000 as to $1,400 for in-county residents, the County, are more or less self sustaining. Brookline’s $700,000 is not going to support the Agricultural School. Selectman Benka asked given what Norfolk County provides to communities, why haven't communities that are not getting benefits equivalent to the cost that they are paying, got together to require justification. If you continue with programs, you will accrue more liabilities in terms of OPEB’s. Selectman Goldstein agreed, but feels it is not fair to make the school defeat the quorum.

Selectman Daly stated that we are paying indirectly for their OPEB’s through state taxes, and wonders if this is challengeable legally if we are paying Middlesex and Norfolk Counties OPEB’s. Selectman Daly also does not think the school should be the responsibility of the County or Brookline.

Chairman DeWitt added that Selectmen Goldstein should attend the meeting, it is important not to alienate those who could support us.

Selectman Daly asked the petitioner if he has considered proposing a ballot question. Mr. Lebow replied that it is very difficult to educate people about this topic; it is a complicated issue. He would like to see a list of members, what they pay, and what they receive in services.

Article 14 - Resolution on Multi-Space Meters (Lebow)

Petitioner Fred Lebow stated that there are problems with the new multi-space meters. In Board of Selectmen 10/04/2011 Page 8 of 12

They are not working properly. The Brookline parking card does not seem to work and the sun makes the meters difficult to read. It is difficult for the elderly to walk over to the meter and back to their vehicle.

Selectman Daly stated that there is a Task Force working on this issue, and there has been much improvement. Town Administrator added that they are working hard on the Task Force. Some inconstancies have been resolved. The Task Force is still a working group.

Selectman Benka wondered about having the meters that needed frequent reprogramming placed in lots and Red Sox parking locations. This technology may be more appropriate in lots rather than on-street parking.

ANNUAL TOWN MEETING WARRANT ARTICLES

Question of voting on the following Articles for the November 15, 2011 Fall Town Meeting:

No. Title 3. FY2012 Budget Amendments (Selectmen)

On motion it was,

VOTED: Favorable Action on Article 3

Aye: DeWitt, Daly, Mermell, Benka, Goldstein

No. Title 4. Federal Tax Withholdings (Allen)

On motion it was,

VOTED: No Action on Article 4.

Aye: DeWitt, Daly, Mermell, Benka, Goldstein

No. Title 7. Tobacco Control (Vitolo) POSTPONED

No. Title 8. Fingerprint-Bases Background Checks (Police Chief)

In Board of Selectmen 10/04/2011 Page 9 of 12

Selectman Mermell held this vote pending requested information from the ACLU.

No. Title 10. Taxi Medallion Fund (Selectmen)

On motion it was,

VOTED: Favorable Action on Article 10.

Aye: DeWitt, Daly, Mermell, Benka, Goldstein

MISCELLANEOUS

Minutes Question of approving the minutes of September 20, and 27, 2011.

On motion it was unanimously,

VOTED: To approve the minutes of September 20, and 27, 2011 as amended.

AWARD/GRANT

Question of accepting an Award in the amount of $3,000.00 from the Pioneer Institute in connection with its 1st Annual MuniShare Report Contest. Said award will be used to increase greater transparency and reform at the local level.

Deputy Town Administrator Sean Cronin stated that the Brookline Efficiency Initiative Committee has won first place in the Pioneer’s 1st Annual MuniShare report contest. The aim of the contest was to increase transparency and reform at the local level. The monies will be used to enhance transparency through technology.

On motion it was unanimously,

VOTED: To accept an Award in the amount of $3,000.00 from the Pioneer Institute in connection with its 1st Annual MuniShare Report Contest. Said award will be used to increase greater transparency and reform at the local level.

In Board of Selectmen 10/04/2011 Page 10 of 12

AWARD

Question of accepting an award in the amount of $5,088.00 from NStar as an incentive for energy efficiency as a result of the retrofit program in South Brookline.

Director of Engineering Peter Ditto stated that this is a result of the Town’s retrofit program in South Brookline where 60 lights were replaced with 60 LED lights which will conserve energy.

On motion it was unanimously,

VOTED: To accept an award in the amount of $5,088.00 from NStar as an incentive for energy efficiency as a result of the retrofit program in South Brookline.

CONTRACT

Question of awarding Contract No. PW/12-16 "Transportation Improvement Project Hammond Street at Fire Station #6" in the amount of $94,100.00 to Republic Intelligent Transportation Services, Inc. of Billerica. Said contract be funded from the following accounts:

4904K087 6T0030 $43,030.34 4911K058 6H0026 $51,069.66

Director of Engineering Peter Ditto stated that this contract is for the reconstruction of the emergency signals at Fire Station No. 6.

On motion it was unanimously,

VOTED: To award Contract No. PW/12-16 "Transportation Improvement Project Hammond Street at Fire Station #6" in the amount of $94,100.00 to Republic Intelligent Transportation Services, Inc. of Billerica. Said contract be funded from the following accounts:

4904K087 6T0030 $43,030.34 4911K058 6H0026 $51,069.66

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

Question of granting a temporary All Kinds of Alcoholic Beverages license to Larz Anderson Auto Museum in connection with a Fashion Show to be held by Lasell College on October 6, 2011 from 5:30 pm - 10:30 pm at 15 Newton Street.

On motion it was unanimously,

In Board of Selectmen 10/04/2011 Page 11 of 12

VOTED: To grant a temporary All Kinds of Alcoholic Beverages license to Larz Anderson Auto Museum in connection with a Fashion Show to be held by Lasell College on October 6, 2011 from 5:30 pm - 10:30 pm at 15 Newton Street.

PERMIT TO SERVE ALCOHOLIC BEVERAGES (NO-SALE)

Question of granting a Permit to Serve Alcoholic Beverages (no-sale) to Larz Anderson Auto Museum in connection with a Charity Fundraiser to be held on October 8, 2011 from 6:00 pm - 11:00 pm at 15 Newton Street.

On motion it was unanimously,

VOTED: To grant a Permit to Serve Alcoholic Beverages (no-sale) to Larz Anderson Auto Museum in connection with a Charity Fundraiser to be held on October 8, 2011 from 6:00 pm - 11:00 pm at 15 Newton Street.

MWRA FUNDS

Question of accepting $4,110,389.01 from the MWRA to be used in the construction of the Phase 2 portion of the Lower Beacon Street Sewer Separation Project.

a. Question of approving Amendment No. 8 in the amount of $319,774.00 for work to be completed by BETA Group in connection with Contract PW/07-03 Sewer Separation Design Contract. Said contract to be funded from account 4995SW54 524003.

Director of Engineering Peter Ditto stated that this is to accept payment from the MWRA for the Lower Beacon Street Sewer Separation Project. Of those funds $319,774.00 will be used to fund the Design Contract portion of the project which will include consulting services for the new sanitary sewers on Monmouth Street, St. Mary’s Street, Beacon Street, Mountford Street and Carlton Street. Mr. Ditto gave the Board an update on the project.

Selectman Benka asked about the travel lanes on Beacon Street and when they are expected to reopen. Mr. Ditto replied a week after the backfill is completed, the lanes will open up which is expected by the end of November.

The Board discussed the project and its connection with the MWRA. Chairman DeWitt stated that this is an MWRA project which resulted in the MWRA being court ordered to reduce the number of overflows into the Charles River. Brookline is the administrator of the contract. The MWRA is paying for the project. Selectman Benka wanted to know if Brookline could have denied the project. Mr. Ditto stated that Brookline is under no obligation to do this project; the MWRA had to determine what areas are causing the overflow, and identified Brookline along with combined communities as a contributor to the raw sewage entering the Charles River. In Board of Selectmen 10/04/2011 Page 12 of 12

Selectman Daly added that it would have been a matter of time before Brookline would have been court ordered to correct this and pay for it as well.

On motion it was unanimously,

VOTED: To accept $4,110,389.01 from the MWRA to be used in the construction of the Phase 2 portion of the Lower Beacon Street Sewer Separation Project.

VOTED: To approve Amendment No. 8 in the amount of $319,774.00 for work to be completed by BETA Group in connection with Contract PW/07-03 Sewer Separation Design Contract. Said contract to be funded from account 4995SW54 524003.

There being no further business the Chair adjourned the meeting at 9:50 pm.

ATTEST

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN

10/11/2011 th 6 FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy A Daly, Selectman Jesse Mermell, Selectman Richard W Benka, Selectman Kenneth M Goldstein

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

In Board of Selectmen 10/11/2011 Page 2 of 17

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen 10/11/2011 Page 3 of 17

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community Interest.

The Board of Assessors has completed a town-wide revaluation of all real and personal property for FY2012 pending preliminary certification by the Massachusetts Department of Revenue. Proposed values will be available on the town’s Web-site within the On-line Database starting on Thursday October 13th and at the Assessor’s Office. Anyone wishing to discuss the proposed value with an assessor should call the Assessor’s Office.

A vigil against domestic violence in memory of Jennifer A. Lynch & victims of domestic violence will be held on Monday October 17 at 5:30 at the garden of Remembrance, behind the Health Building.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

Selectman Benka left the meeting at 7:20 to attend another on-going meeting WASHINGTON SQUARE CUPOLA PLAQUE

Dennis Becker, of the Speech Improvement Company in Washington Square was pleased to announce that the Cupola is coming to fruition. They are at the point where they would like to have a small ceremony on First Night to honor Barbara Soifer, a longtime activist for the Washington Square merchants Association, and invited the Selectmen to attend the dedication.

The Board acknowledged that Ms. Soifer was a tireless worker in promoting Washington Square, and it is fitting to honor her with the proposed plaque, at the Cupola that she advocated for.

On motion it was:

Voted to grant permission to the Washington Square Association to install a small plaque on the granite base of the Cupola located in Washington Square in memory of Barbara Yona Sofier.

In Board of Selectmen 10/11/2011 Page 4 of 17

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Kenneth Goldstein Absent: Richard Benka

SISTER CITY QUEZALAGUAQUE, NICARAGUA

Members of the Quezalaguaque Sister City Committee appeared to update the Board on the Sister City Project.

Brookline's Sister City was founded in 1987. Twenty years later the relationship has grown and expanded. Today they are involved in many new and ongoing projects. Donations to Support their activities come from individuals in the Brookline Community, the Brookline Rotary, All Saints Parish, the Friends of the Brookline Libraries, the Brookline Library Foundation and the Sister and Johnny Foundation.

Richard Segan, Board member of Brookline Sister City updated the Board on current and past projects of the Committee which include a library renovation, English teaching training, education materials donated, and health studies.

Mr. Segan introduced Carol Caro, Carol Pinero, Cybil Senters, and Dr. Peter Springham. Each gave a brief update on the various projects going on and the significant impact they are making on the community there.

The Board acknowledged the work being done there and is impressed that the Committee will be reaching its 25 years of dedication to the Quezalaguaque community. The programs continue to provide much needed support and supplies to the Sister City.

FIRE CHIEF

Question of making a conditional offer of employment to Paul D. Ford for the position of Fire Chief.

Town Administrator Mel Kleckner stated that he is recommending that Paul D. Ford be appointed as Fire Chief. Mr. Ford is currently serving as Fire Chief in Fall River Mass. Mr. Kleckner outlined the hiring process, and after careful consideration feels that Paul Ford possesses the right mix of education, experience, and personal attributes to lead the Brookline Fire Department. Mr. Ford is an expert in fire training, and has dealt with budget challenges in a large urban community. Mr. Kleckner thanked former Chief Green, the Screening Committee, and Sandra DeBow Human Resources Director for their support in this process.

Mr. Ford thanked the Board for their consideration, and looks forward to his new

In Board of Selectmen 10/11/2011 Page 5 of 17

position as Brookline’s Fire Chief.

The Board welcomed Mr. Ford and noted his qualifications. The Board expressed their high regard for the Brookline Fire Department and their importance in the community.

On motion it was:

Voted: to make a conditional offer of employment to Paul D. Ford for the position of Fire Chief, subject to a written agreement with respect to the terms and conditions of employment; approval as to the form of agreement by Town Counsel and the successful completion of all preliminary procedural requirements of the Director of Human Resources.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Kenneth Goldstein Absent: Richard Benka

COMMON VICTUALLER LICENSE

Question of approving the application of PMK Foods, Inc., d/b/a Citra A Fresh Cafe, Brijesh KC, Owner, for a Common Victualler license at 850 Boylston Street.

a. Question of approving the application of PMK Foods, Inc., d/b/a Citra A Fresh Cafe, Brijesh KC, Owner, holder of a Common Victualler license at 850 Boylston Street for an Entertainment License to include radio.

Applicant Brijesh KC stated that they have not taken over the business yet, however, all the necessary approvals have been completed. The establishment is inside a medical office facility building.

Selectman Goldstein asked about the trash collection, and whether once a week was sufficient. Mr. KC replied that they use the dumpster provided by Brigham and Women’s Hospital, there have been no problems with the service because they do serve food which produces strong odors when spoiling. The dumpster is placed outside by the parking garage.

On motion it was:

Voted to approve the application of PMK Foods, Inc., d/b/a Citra A Fresh Cafe, Brijesh KC, Owner, for a Common Victualler license at 850 Boylston Street.

Voted to approve the application of PMK Foods, Inc., d/b/a Citra A Fresh Cafe, Brijesh KC, Owner, holder of a Common Victualler license at 850 Boylston Street for an Entertainment License to include radio.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Kenneth Goldstein

In Board of Selectmen 10/11/2011 Page 6 of 17

Absent: Richard Benka

BOARDS AND COMMISSIONS - INTERVIEWS

The following candidates for appointment/reappointment to Boards and Commissions appeared for interview:

Human Relations/Youth Resources Laurie Dopkins –Postponed (absent)

Advisory Council on Public Health Patricia Maher

Patricia Maher has served on the Committee for 7 years. She stated that she is quite engaged and interested in their programs. Ms. Maher has been involved in Brookline 2010, and serves on the Brookline Climate Action Committee. She is interested in continuing to expand the Brookline Tomorrow program, and would like to focus on maintaining a physically active community.

HUBWAY SYSTEM

Planning and Community Development Director Jeff Levine appeared to provide an update on the Hubway Regional Bicycle Sharing System.

a. Question of review and authorizing the Chair to execute a regional Memorandum of Agreement regarding the fees, revenues, data and related issues from the regional system, subject to final modifications and review of Town Counsel. Vote held b. Question of authorizing the use of a $26,261 from the Gateway East Gift Account (1720SG43 482030) for use as part of the local match for Hubway in Brookline.

c. Question of accepting a $25,000 donation from Children's Hospital Boston for use as part of the local match for Hubway in Brookline.

Jeff Levine, Director of Planning and Community Development stated that the regional system launched in July. Boston rolled out 60 stations, with four close to Brookline. Brookline is working towards a 2012 launching of the program. Since the Boston launch, there has been 3,400 members of the system. The membership and ridership is well above expectations. A key issue to extend the system to Brookline involves putting together a financial plan. The numbers are not finalized, but the estimated numbers are pretty close. There are two different grant sources; a State grant and a Federal Transit grant. The estimated system cost of $220,000 will provide the system for three years. This includes two docking stations; each docking station holds about 19 bicycles. The Committee is looking at Coolidge Corner and Brookline Village for these

In Board of Selectmen 10/11/2011 Page 7 of 17

locations. Mr. Levine provided a spreadsheet with some numbers. Mr. Levine outlined the contract.

Children’s Hospital has graciously donated $25,000, and funds are available from the Gateway East Gift Account, which is to be used for public benefit in Brookline Village.

Mr. Levine asked to hold the vote on the MOA because there are some issues to iron out.

On motion it was:

Voted to authorize the use of a $26,261 from the Gateway East Gift Account (1720SG43 482030) for use as part of the local match for Hubway in

Voted to accept a $25,000 donation from Children's Hospital Boston for use as part of the local match for Hubway in Brookline.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Kenneth Goldstein Absent: Richard Benka

FALL TOWN MEETING WARRANT ARTICLES

Review and possible vote on the following Warrant Articles for the November 15, 2011 Town Meeting:

No. Title

POSTPONED 17. Resolution on Pledge of Allegiance in Classroom (Rosenthal)

POSTPONED 18. Resolution on Robocalls (Burstein)

FALL TOWN MEETING WARRANT ARTICLES

Question of voting on the following Articles for the November 15, 2011 Fall Town Meeting:

No. Title

7. Tobacco Control (Vitolo) Vote held for review due to some language changes made by the petitioner.

In Board of Selectmen 10/11/2011 Page 8 of 17

No. Title

8. Fingerprint-Based Background Checks (Police Chief)

Chief O’Leary stated that he made some minor language changes to mirror the licensee titles used in the Town By-Laws. The changes are: Door-to-Door Solicitor to Solicitors and Canvassers. Second-hand Dealer to dealers in junk, Second-hand Articles and Antiques. Automobile Dealer to Second-Hand Motor Vehicle Dealers. These changes have been permitted by the Moderator.

Selectman Mermell stated that after review and inquiries to the ACLU she is in favor of the Article. She has opposed surveillance cameras in the past due to civil liberties issues, but feels that this different. This pertains only to those applying for a certain license in Town, and there is a clear disclosure of the process here, with an option to appeal the findings. Selectman Goldstein added that he also looks at this through the glasses of civil liberties, however, his trigger point on this is particularly with the changes of the titles. Each of the licenses involved here, for which the fingerprinting will be done, have a very obvious nexus to potential criminal activity. This is what has swayed his vote on the Article.

The Board agreed that this is for those applying for a license where public safety is a concern.

On motion it was:

Voted: 4-0 Favorable Action on Article 8. Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Kenneth Goldstein Absent: Richard Benka

No. Title

9. Leaf Blowers (Fischer)

Petitioner Andrew Fischer stated that he has made some changes to the language, which the Selectmen have not received. The changes deleted, b,c,and d, under 2 – limitations on use. Selectman Goldstein noted that the use of the vacuum part of a leaf blower is not separated; this is a quieter function of the equipment and does not produce clouds of debris. Mr. Fischer replied that he did not address this. Selectman Daly mentioned that Wheelock and Newbury Colleges do a nice job on their grounds and feels they would not be able to do that with this Article, she also included the Country Club, and Pine Manor College, and the effort it takes to maintain their

In Board of Selectmen 10/11/2011 Page 9 of 17

property. Mr. Fischer stated that this time of year the blowers are permitted, plus he has not heard from any of these institutions which may indicate that they do not have an issue with this. David Chag from the Country Club stated that he respects what Mr. Fischer is trying to accomplish. The Country Club is getting onto this late in the game and would like an opportunity to discuss the Article in a private with the petitioner. The Country Club puts a great deal of effort into protecting the environment, recycling, and being a good neighbor. This Article would hamper the golf operations significantly should it pass. Mr. Chag added that they do use blowers all year long in preparation of the golf course for the day. They do try to restrict the hours of leaf blowers. Chairman DeWitt suggested a conversation between Mr. Fischer and Mr. Chag.

Carol Caro from Precinct 8 spoke in favor of the Article. She noted that it is not only the noise from the leaf blowers that is a nuisance; it is the debris that gets blown. In the summer months you cannot open your window due to the noise and the debris. She also feels that the current By-law is difficult to enforce, there should be dates that permit and limit equipment use; that would make it easier to enforce, rather than measuring the noise levels.

There was no vote on this Article pending review of the new language.

No. Title

11. Legislation Removing Brookline from Norfolk County (Lebow)

12. Resolution to Abolish Norfolk County (Lebow)

Selectman Goldstein stated that he attended a meeting with the Norfolk County Advisory Board to vote on authorizing the expenditure of funds for a bond for the Agriculture School. He voted against it, not because he is against the school, but to make a protest vote. He made a speech to the other delegates about Brookline’s position that we are paying the most in assessments and receiving the least in services. He hoped to gain some solidarity. It was evident that he stood alone in this matter. Some spoke vehemently against Brookline’s withdrawal or bid to reformat the allocation of assessment payments. They felt that they were satisfied with the services that the County provided; needless to say Brookline is paying for most of them. There was also some indication that should Brookline move forward in this protest, it may result in the County’s decision to close Brookline’s Courthouse, which we would not like to see happen. Selectmen Goldstein feels their political support could be a factor. He feels that we are alone on this at this time. The majority support the Commissioner’s Bill that would change the funding of the County system and eliminate the County’s assessment. He feels that for the time being, the way to rectify the inequity of the County’s assessment system is to pursue the Commissioner Bill. He

In Board of Selectmen 10/11/2011 Page 10 of 17

does see a risk that these Warrant Articles will alienate Brookline from other communities in Norfolk County and reduce support for our Courthouse. There is some traction on this issue right now, and we should wait and see where it is going in six months or so. Selectman Mermell agreed. Letting good relationships try to yield results is the way to proceed right now. We can revisit this at a later time to see if it has gone further. She supports the gripe behind it, but not the Warrant Article to rectify it.

Selectman Daly disagrees. She feels that we are alone in this issue with Norfolk County. Everybody else is getting a good deal from us subsidizing the County, while we get very little, and there seem to be no real recognition of that within the other members, and some of these obligations should not be on Brookline’s shoulders. Selectman Goldstein stated that for the most part the Agricultural School is self sustaining including their OPEBs. He agrees with Selectman Daly’s frustration, but right now the only solution that has a glimmer of hope to address this, is the Commissioner’s Bill, not our Warrant Article. Chairman DeWitt added that we have been in Norfolk County for 200 years; we could stay in for another year or so.

On motion it was

Voted: 3-1 No Action on Article 11

Aye: Betsy DeWitt, Jesse Mermell, Kenneth Goldstein No: Nancy Daly Absent: Richard Benka

On motion it was

Voted: 3-1 No Action on Article 12

Aye: Betsy DeWitt, Jesse Mermell, Kenneth Goldstein No: Nancy Daly Absent: Richard Benka

No. Title

14. Resolution on Multi-Space Meters (Lebow)

Selectman Daly is not in favor of spending substantial monies to replace the new meters. There is a Task Force working on a solution to improve them. Selectman Goldstein added that getting rid of the new meters is pre-mature, on the other hand this Article indicates that at minimum that the Town should look at modifying, or retrofitting our existing multi-space meters to make them more user friendly. This

In Board of Selectmen 10/11/2011 Page 11 of 17

Warrant Article was motivated by a lot of frustration to do something about it. Selectman Mermell agrees the meters are not as successful as was hoped, but they have been successful elsewhere, and she is confident that they will eventually work in Brookline.

On motion it was:

Voted: 3-1 No Action on Article 14. Aye: Betsy DeWitt, Nancy Daly Jesse Mermell, No: Kenneth Goldstein Absent: Richard Benka

BOARDS AND COMMISSIONS - APPOINTMENTS

Question of making appointments/reappointments to the following Boards and Commissions:

Women's Commission Economic Development Advisory Board

a. Question of approving and executing a Disclosure of Financial Interest and a Conflict of Interest form for Paul Saner,

Women's Commission

On motion it was unanimously,

Voted: To appoint Beth Fagan to the Women’s Commission for a term ending August 31, 2014 of until a successor can be appointed.

Voted: To appoint Jamie Tober to the Women’s Commission for a term ending August 31, 2014 of until a successor can be appointed.

Voted: To appoint Kristen Uekermann to the Women’s Commission for a term ending August 31, 2014 of until a successor can be appointed.

Economic Development Advisory Board

On motion it was unanimously,

Voted: To re-appoint David Noe to the Economic Development Advisory Board for a term ending August 31, 2014 or until a successor can be appointed.

In Board of Selectmen 10/11/2011 Page 12 of 17

Voted: To appoint Paul Saner to the Economic Development Advisory Board for a term ending August 31, 2014 or until a successor can be appointed.

Voted: To appoint Clifford Brown to the Economic Development Advisory Board for a term ending August 31, 2013 or until a successor can be appointed

On motion it was unanimously,

Voted: to approve and execute a Disclosure of Financial Interest and a Conflict of Interest form for Paul Saner.

Mr. Saner is Chair of the Metropolitan Waterworks Museum Board. There may be some business negotiations with its affiliate the Waterworks Preservation Trust, which he is not a Board member, with those involved with the Circle Cinema site. Mr. Saner will abstain from voting on any matter in which the Museum has a financial interest.

Selectman Benka returned during this discussion FALL TOWN MEETING WARRANT ARTICLES

Review and possible vote on the following Warrant Article for the November 15, 2011 Fall Town Meeting:

No. Title 16. Resolution on Scheduling of Town Meetings (Plaut, et al)

Brian Kane TMM#6 speaking on behalf of the petitioner reviewed the explanation:

This warrant article asks the Board of Selectmen and Moderator to schedule future Town Meetings in a way that will accommodate the greatest number of current and future Town Meeting Members.

This warrant article recognizes that there is a diversity of experience and perspective among Town Meeting members. • Personal and professional responsibilities lead some Town Meeting Members to favor consolidating Town Meeting sessions on consecutive evenings. • The same considerations lead other Town Meeting Members to find it easier to participate if there is a schedule of non-consecutive evenings.

In order to best meet the diverse needs of Town Meeting Members, this warrant article proposes an annual schedule that includes Town Meetings scheduled both ways. Since the Annual (spring) Town Meeting agenda tends to be more full and often runs for three or four evenings, it would be scheduled for non-consecutive evenings and occur over two weeks. The Fall Town

In Board of Selectmen 10/11/2011 Page 13 of 17

Meeting, which can sometimes be completed in two sessions, would be held on consecutive evenings and could be expected to be completed in one week.

Our town benefits when a wide variety of residents can participate in town governance. The greater the diversity of volunteers engaged in local government, the stronger our town will be. The proposed new schedule will encourage participation in Town Meeting from a wider variety of residents and make it easier for residents with a wide range of personal and professional situations to engage in this important form of public life.

Selectman Daly stated that she did not like the schedule, and when her children were younger it was easier to schedule business trips in advance knowing what Town Meeting’s schedule is. Selectman Goldstein agreed. He noted that it still remains the same number of nights that you are away from your family. His wife preferred that it was done and over within one week. Another factor that he has observed is that during Town Meeting week, all business meetings seem to go on hold. He noticed that this happened for the two weeks last Spring’s Town Meeting. He noted that his opinion on this Article is not terribly strong. Selectman Mermell feels the same. She may be more open to doing one schedule consistently for both Town Meetings to make the scheduling easier to plan and accommodate. Selectman Benka added that he feels that this Article will come down to what the majority of Town Meeting members want to do for Town Meeting as a whole. He feels it is a matter of personal preference and convenience. His own feeling was that it was nice to have a break during Town Meeting as presented during the trial schedule, but that this question should be left to the preference of Town Meeting.

On motion it was

Voted: 3-1-1 No Action on Article 16. Aye: Nancy Daly Jesse Mermell, Kenneth Goldstein No: Betsy DeWitt Abstain: Richard Benka

MINUTES

Question of approving the minutes of October 4, 2011.

On motion it was

Voted to approving the minutes of October 4, 2011 as amended.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of approving and executing Contract No. PW/12-17 "Resurface Fuller Street and

In Board of Selectmen 10/11/2011 Page 14 of 17

Gibbs Street" in the amount of $258,888.12 to D&R General Contracting, Inc. of Melrose. Said contract to be funded from account 4911K058 6H0026 (Street Rehab).

Commissioner of Public Works Andy Pappastergion stated that this project reconstruct Fuller Street and mill and overlay Gibbs Street.

On motion it was

Voted to approve and execute Contract No. PW/12-17 "Resurface Fuller Street and Gibbs Street" in the amount of $258,888.12 to D&R General Contracting, Inc. of Melrose. Said contract to be funded from account 4911K058 6H0026 (Street Rehab).

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of awarding and executing Contract No. PW/12-18 "Fiber Reinforced Crack Sealing" in the amount of $81,972.00 to Sealcoating, Inc., of Hingham. Said contract to be funded from account 4911K058 6H0026 (Street Rehab).

Commissioner of Public Works Andy Pappastergion stated that this contract was awarded to the lowest bidder. Selectman Daly noted that the bids came in pretty far apart. Mr. Pappastergion replied that they did go over it with the contractor to make sure he understood what the project entails.

On motion it was:

Voted to award and execute Contract No. PW/12-18 "Fiber Reinforced Crack Sealing" in the amount of $81,972.00 to Sealcoating, Inc., of Hingham. Said contract to be funded from account 4911K058 6H0026 (Street Rehab).

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

Question of granting a temporary All Kinds of Alcoholic Beverages license to Pine Manor College in connection with the following events to be held at 400 Heath Street:

October 14, 2011 Reception 1:30pm-5:30pm

October 15, 2011 Reunion 1:00pm - 3:30pm

In Board of Selectmen 10/11/2011 Page 15 of 17

7:00pm - 10:00pm

On motion it was:

Voted to grant a temporary All Kinds of Alcoholic Beverages license to Pine Manor College in connection with the following events to be held at 400 Heath Street:

October 14, 2011 Reception 1:30pm-5:30pm

October 15, 2011 Reunion 1:00pm - 3:30pm 7:00pm - 10:00pm

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

PERMIT TO SERVE ALCOHOLIC BEVERAGES (NO-SALE)

Question of granting a Permit to Serve Alcoholic Beverages (no-sale) to Larz Anderson Auto Museum in connection with a Wedding Reception to be held on October 15, 2011 from 5pm- 11pm at 15 Newton Street.

On motion it was:

Voted to grant a Permit to Serve Alcoholic Beverages (no-sale) to Larz Anderson Auto Museum in connection with a Wedding Reception to be held on October 15, 2011 from 5pm-11pm at 15 Newton Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of approving and executing a Contract in the amount of $38,000.00 for the DPW/Parks & Open Space /Public Buildings Operations Feasibility Study with Weston and Sampson of Foxborough. Said contract to be funded from account 2509K029 6B0019.

On motion it was:

Voted to approve and execute a Contract in the amount of $38,000.00 for the DPW/Parks & Open Space /Public Buildings Operations Feasibility Study with Weston and Sampson of Foxborough. Said contract to be funded from account 2509K029 6B0019.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 10/11/2011 Page 16 of 17

CHANGE ORDERS

Question of approving the following Change Orders for work to be performed by G&R Construction in connection with the Runkle School Renovations and Additions. Said Changes Orders to be funded from account 2594C165 6C0002:

Change Order #15 $40,424.00 PCB Removal

Change Order #16 $47,248.00 Electrical Work

Project Administrator Tony Guigli stated that this is in connection to the unforeseen PCB materials found at the site. This Change Order also includes electrical work at the Runkle School.

On motion it was:

Voted to approve the following Change Orders for work to be performed by G&R Construction in connection with the Runkle School Renovations and Additions. Said Changes Orders to be funded from account 2594C165 6C0002:

Change Order #15 $40,424.00 PCB Removal

Change Order #16 $47,248.00 Electrical Work

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CHANGE ORDER

Question of approving a no-cost Change Order in connection with the Town Hall Garages Repairs Phase 2 (Pierce Amphitheater Repairs and Improvements) for a 40 Day time extension for work to be completed by MCM USA, Inc.

Program Administrator Tony Guigli stated that this is a request for a time extension only. It is a no-cost Change Order.

On motion it was:

Voted to approve a no-cost Change Order in connection with the Town Hall Garages Repairs Phase 2 (Pierce Amphitheater Repairs and Improvements) for a 40 Day time extension for work to be completed by MCM USA, Inc.

In Board of Selectmen 10/11/2011 Page 17 of 17

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

GRANT AGREEMENT

Question of authorizing the Chairman to execute a Grant Agreement with the Massachusetts Historical Commission in connection with the Fisher Hill Gatehouse Conditions Assessment Report.

Preservation Planner Greer Hardwicke stated that this has been a long process, but is pleased to move forward with the Fisher Hill Gatehouse Project.

On motion it was:

Voted to authorize the Chairman to execute a Grant Agreement with the Massachusetts Historical Commission in connection with the Fisher Hill Gatehouse Conditions Assessment Report.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

There being no further business the Chair adjourned the meeting at 9:50 p.m.

ATTEST

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN

10/18/2011 th 6 FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy Daly, Selectman Jesse Mermell, Selectman Richard Benka, Selectman Kenneth Goldstein

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community Interest.

The Jennifer Lynch vigil for domestic violence awareness was well attended. This group works very hard to offer support, education, and awareness of domestic violence.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

Michael Oates, Dean Rd, spoke about the Runkle School project. He provided material documenting his concerns. There appears to be a design change moving the mechanical equipment from the lower roof to the upper roof to make room for windows. From his property it looks like a whole floor has been added on. He stated that whether this is a design change or an oversight the Town does not have an as-of-right to add these structures. He respectfully requested that the Town inspect these changes.

Gil Fishman, Holland Road added that the process with Runkle Scholl has been quite painful. This new issue is outrageous and a private property owner would never be allowed to do this, it is disrespectful and dishonest. Someone knew this was happening and never had it go through the proper channels.

Selectmen Daly replied that the equipment placement was discussed at one point. There is a meeting Monday; the Commissioner will bring the drawings. In Board of Selectmen 10/18/2011 Page 2 of 19

MISCELLANEOUS

Approval of miscellaneous items pg. 4, #s 14-24 licenses, vouchers, and contracts.

COMMERCIAL AREAS ANNUAL VACANCY REPORT

Commercial Areas Coordinator Marge Amster will appear to present the Commercial Areas Annual Vacancy Report.

Economic Development Director Kara Brewton appeared. Chairman DeWitt took a minute to thank Marge Amster who was absent, and is retiring. She acknowledged what Ms. Amster has done for the Town, working on the 1999 Ryder Cup golf tournament, the Town’s 300th Celebration in 2005, and the annual First Light celebration. She also worked to improve engagement and connections with the Town’s business community. The Selectmen extended their thanks and good wishes to Marge.

Ms. Brewton stated that the overall good news is that the vacancy rate is lower. The current rate is better than Boston’s. There has been a slow decline of independent merchants in Brookline Village; however, it is still higher than the town- wide average. The Coolidge Corner area is close to concern due to a percent change. If the change continues to next year, it will indicate there is something going on there that needs to be addressed, and more careful study will be done. Restaurants are doing well, especially in Washington Square. Selectman Daly expressed concern about Brookline Village, and asked if the recent road repair is a factor. Ms. Brewton replied that the sidewalk maintenance is not a factor; they need to help businesses respond to daytime foot traffic. Some merchants are doing better than others. Brookline Place is an eyesore, and she is working on that area by looking at holding one-time events there. Selectman Benka asked about the level of rents. He asked if they have come down in areas that have high vacancies, like Brookline Village. Ms. Brewton replied that the rent levels have been pretty steady. Selectman Mermell noted that the lowest vacancy rates are in second tier areas like St. Mary’s and JFK Crossing. Ms. Brewton stated that Bob Basile owns the retail space in Putterham and keeps his property clean and orderly it makes a difference in keeping low vacancy rates. Selectman Benka also noted that the JFK Crossing area has become a destination spot, and has successfully proven to serve a need in the larger metropolitan area. Ms. Brewton wanted to thank the DPW and Kurt Fraser in Engineering for staying on top of the construction projects in Brookline Village.

FOOD DAY RECOGNITION

Director of Health and Human Services Alan Balsam appeared to update the Board on events surrounding National Food Day scheduled for October 24, 2011 and recognize Local Food Projects. In Board of Selectmen 10/18/2011 Page 3 of 19

Monday, October 24, now known as Food Day, is a nation-wide celebration It’s a grassroots movement made up of individuals and organizations passionate about promoting a healthy, sustainable, and just food system. On October 24th, there will be thousands of events across the country that encourage action and celebrate food. Brookline will celebrate the day with activities including:

An Apple Fest outside Town Hall, where from 11am – 3pm, cider samples will be offered and our local farm, Allandale Farm, will sell apples and cider; Bountiful Brookline will display what’s needed to create an edible garden where space and soil are limited; Food Day volunteers will explain the new “Healthy Eating Plate,” a simple graphic about what to put on your plate and in what proportions, designed by the Harvard School of Public Health. Brookline’s K-8 schools will be offered vegetarian moussaka made with all fresh vegetables and the BHS cafeteria will feature locally made noodles from Nella Pasta in Jamaica Plain. And tonight, we honor leaders of Brookline food-related programs whose goals reflect the principles of Food Day – beginning with our own Food Services Department.

Dr. Balsam introduced the participants in the event.

FALL TOWN MEETING WARRANT ARTICLES

Further review and vote on the following Warrant Articles for the November 15, 2011 Fall Town Meeting:

No. Title

9. Leaf Blowers (Fischer)

Article 9- Andrew Fisher stated that he drew a line in the large open space areas after discussions with the Country Club, one concern was with those parcels in a residential area. The Article now applies to those with parcels that contain at least 5 acres of open space. Chairman DeWitt questioned the emergency clean-up aspect, where only the Town could provide emergency clean-up associated with storms, what about private property owners. Mr. Fischer replied that the language includes a designee; the Town can allow private owners to do a cleanup, as a designee. The idea was to make this simple not complicated. Anyone could call the DPW to ask to be a designee. The Selectmen felt that this issue is not clear as written. Selectman Daly noted larger institutions and their struggles to keep their property in shape. Selectman Goldstein wondered if this Article should apply only for residences. Mr. Fischer replied that he is not sure he could sell this to his co-supporters. Selectman Benka feels this Article is inequitable. It talks about green living and reducing carbon emissions, yet it exempts the largest land owner which is the Town. The Town is exempted and private property In Board of Selectmen 10/18/2011 Page 4 of 19

owners are not. Now it is exempting institutional owners with over 5 acres of open space, but most private property owners with over 5 acres who pay taxes are not exempt. We have to exempt the Town because they can’t afford to abide by it, but the proposal makes others pay. Under this by-law, leaf blowers are still usable in the Spring and Fall, so the noise issue will still exist. At bottom, the major concern appears to be a noise issue not a green issue. The Noise By-law needs to be disseminated to homeowners and landscapers; they need to be educated on the Noise By-law, and the Town needs to enforce it. He does not support this Article, but the more aggressive education, dissemination and effective enforcement of the By-law.

Selectman Daly would like to hold this Agenda Item vote.

No. Title

7. Tobacco Control (Vitolo)

Article 7- Petitioner Tommy Vitolo stated that Selectman Benka’s proposed amendment was shelved. Selectman Benka had tried to improve the Article and its relationship to co-dependency between tobacco and alcohol, but is concerned about potential litigation in the future as identified by Town Counsel. Selectman Goldstein shares this concern. Mr. Vitolo would like support of the original version of the Article. There are 16 other communities that passed this. Should the 16 communities get sued as a whole, they would probably get clumped all together. There is no indication of this yet. There seems to be no advantage to waiting. Selectman Daly added that she imagines at worst they would rescind the law, and there would be no damages. She noted that she understood Selectmen’s Benka’s concern that the By-law would send people to less desirable places to make a tobacco purchase. Selectman Benka agrees: of the remaining outlets to purchase tobacco products, 1/3 is liquor stores. There is a strong demonstrated relationship between dependence on tobacco and dependence on alcohol, and he is concerned about inducing individuals to enter liquor stores to buy tobacco products. The Council on Public Health does not seem that concerned about this issue, however, Selectman Benka hopes they are not mistaken. Selectman Daly added that she was primarily motivated by a desire to reduce the number of High School students who smoke and they would be unable to buy cigarettes at the liquor store.

On motion it was:

VOTED: 5-0 Favorable Action on Article 7 as originally submitted.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 10/18/2011 Page 5 of 19

OPEN AIR PARKING LICENSE

Public Hearing on the application of United Parish in Brookline, David P. Rockwell, Treasurer for a license to conduct and maintain and Open-Air Parking lot at 210 Harvard Street for fifteen (15) automobiles.

Kate Baker- Carr, Church Council was present. She explained that the lot has been available only to church goers and now would like to be able to use it during the week. They plan to offer spaces to local merchants in hopes to retain a constant tenant. Selectman Goldstein pointed out that the plans that were submitted were not a clear indication of what the intention for the space is. The application is not to scale, and he feels this part of the application should be more accurate. Selectman Benka added that these spaces will be of great use for the community.

On motion it was,

Voted to approve the application of United Parish in Brookline, David P. Rockwell, Treasurer, for a license to conduct and maintain and Open-Air Parking lot at 210 Harvard Street for fifteen (15) automobiles. *With the condition that a plan be submitted showing the marked spaces approximately to scale within 30 days.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

ALL KINDS PACKAGE STORE - CHANGE IN MANAGER/DESCRIPTION

Public Hearing on the application of Trader Joe's East, Inc., d/b/a Trader Joe's, Brandt Sharrock, Vice President, Director, holder of a license to Expose, Keep for Sale and To Sell All Kinds of Alcoholic Beverages as a Package Goods Store at 1317 Beacon Street for a Change in Manager in Description as follows:

Manager From: David Ford To: Blair Carroll

Change in Description Expand licensed premises by 1,385 sq. ft.

Mr. Ford and Mr. Carroll were presented.

Chairman DeWitt addressed the issue of their windows. One of the windows has a nice display in it while another is more than 2/3 blocked by the backs of shelving with the tops filled with bulk stock. Needless to say it is very unattractive. Mr. Carroll replied that he has spoken with Polly Selkoe in the Planning Department about putting up a In Board of Selectmen 10/18/2011 Page 6 of 19

friendlier window display. They intend to do so.

Selectman Daly asked Mr. Carroll about the procedures relating to proper identification screening to purchase alcohol. Mr. Carroll replied that the company has a process and procedures set up. Employees are trained immediately before they are on the register and everyone attends a refresher course twice a year. Chairman DeWitt made the suggestion of appointing an assistant manager. Mr. Ford replied that there are 6 assistant managers in the store and would like to tip certify them all.

Joseph Banks, Beal Street Brookline, owns property across the street. He stated that he believes that original license was granted with the stipulation that only a certain amount of space be used to house liquor. This does not appear to be in the license as it should be. Mr. Carroll replied that the overall appearance looks like more space is allocated to liquor, but the actual shelve space is less then it was before the renovation.

On motion it was,

Voted to approve the application of Trader Joe's East, Inc., d/b/a Trader Joe's, Brandt Sharrock, Vice President, Director, holder of a license to Expose, Keep for Sale and To Sell All Kinds of Alcoholic Beverages as a Package Goods Store at 1317 Beacon Street for a Change in Manager in Description as follows:

Manager From: David Ford To: Blair Carroll

Change in Description Expand licensed premises by 1,385 sq. ft. *condition that the Planning Board approves any changes in the facade with a plan to assure that the windows are not blocked.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

WINE AND MALT COMMON VICTUALLER-TRANSFER

Public Hearing on the application Ginga Japanese Restaurant, Inc., d/b/a Ginga Japanese Restaurant, Jason Lenh, Owner, holder of a license to Expose, Keep for Sale and to Sell Wine and Malt Beverages as a Common Victualler at 1393 Beacon Street for the transfer of said license to CF Restaurant, Inc., d/b/a U Sushi, Fan Lin, Owner, Manager.

a. Question of approving the application of CF Restaurant, Inc., d/b/a U Sushi, Fan Lin, Owner and Manager, holder of a Wine and Malt Common Victualler license at 1393 Beacon Street for an Entertainment License for a Radio.

In Board of Selectmen 10/18/2011 Page 7 of 19

Attorney Ka- Yung Wong stated that all the papers are in order and the Serve Safe course has been completed by his client. Chairman DeWitt mentioned that liquor items were not included in the menu. Mr. Wong stated that he will submit that. He introduced the applicant Fan Lin, and co-worker Boa Ping Chen. Mr. Lin has been working for the present owner and has many years of experience as a sushi chef in New York. Mr. Chen also works at a Japanese restaurant in Attleboro. The Board asked about the litter plan and if they are familiar with the Town Trans Fat By-law. Mr. Lin had some difficulties responding to some questions due to a language barrier. This caused concern for the Selectmen; they wanted reassurance that the Manager knows the By- laws. The Board was concerned that Mr. Lin couldn’t understand the language enough to communicate in the business, and as a manager, could he handle it. Attorney Wong replied that when Mr. Lin in his domain he works better. He is a sushi chef, and has close interaction with the patrons. Selectman Daly pointed out that there is a responsibility to the public and to the Town on proper liquor handling. Mr. Wong replied that this whole set up new to client, and he is nervous tonight. The Board is concerned about how liquor service will be handled. Mr. Wong replied that the wait staff will be handling it. It is only a 16 seat establishment. The Board is concerned about the ability to take responsibility for a liquor license. Mr. Chen stated that there should not be any problems. Selectman Daly suggested that they come back with clearer answers to show that the applicant understands what the job entails. Selectman Mermell pointed out that it is not only the identification screening, but compliance checks need to be articulated as well.

On motion it was

Voted to Continue the Public Hearing

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

WINE AND MALT PACKAGE STORE - TRANSFER

Public Hearing on the application of Tran Enterprises, d/b/a TJ Convenience Store, De Van Tran, Manager, Owner, holder of a license to Expose, Keep for Sale and To Sell Wine an Malt beverages as a Retail Package Goods Store at 182A Thorndike Street for the transfer of said license to FCLP Corporation d/b/a TJ Convenience Store, Luis Perez, Manager, President.

a. Question of approving the application of FCLP Corporation d/b/a/ TJ Convenience Store, Luis Perez, Manager, President, holder of a Wine and Malt Package Store license at 182A Thorndike Street for a Food Vendor License.

Attorney Ethan Schaff, representing the applicant Luis Perez indicated that the seller has had the business for over ten years. There is no financing or pledges involved, this is a strong candidate with experience. The applicant is committed to running a In Board of Selectmen 10/18/2011 Page 8 of 19

successful business. Mr. Perez stated that they are creating a policy in the store, with a notebook to obtain daily transactions. Every employee will be tip certified. They installed a license reading machine in preparation to deal with the purchase of alcohol.

Chairman DeWitt suggested they have a second person approved as an assistant manager to hold the legal responsibility in the manager’s absence.

On motion it was,

Voted to approve the application of Tran Enterprises, d/b/a TJ Convenience Store, De Van Tran, Manager, Owner, holder of a license to Expose, Keep for Sale and To Sell Wine an Malt beverages as a Retail Package Goods Store at 182A Thorndike Street for the transfer of said license to FCLP Corporation d/b/a TJ Convenience Store, Luis Perez, Manager, President.

Voted to approve the application of FCLP Corporation d/b/a/ TJ Convenience Store, Luis Perez, Manager, President, holder of a Wine and Malt Package Store license at 182A Thorndike Street for a Food Vendor License.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

ALL KINDS ALCOHOL - COMMON VICTUALLER

Public Hearing on the application of Khayam, Inc., d/b/a Khayam, Alireza Zarifiannazarlo, Owner, holder of a Common Victualler and Entertainment license at 404 Harvard Street for a license to Expose, Keep for Sale and To Sell All Kinds of Alcoholic Beverages as a Common Victualler at 404 Harvard Street.

Attorney Robert Allen appeared with the property owner and applicant. This establishment is a 2300 square feet, which is significant for the area. There were some problems pointed out by the Health Department. The applicant was trying to split his time between both of his restaurants, and regroup some employees. There has also been some recent dialogue with the landlord to identify some measures to be taken with the property and trash area. The neighboring establishments have worked out their trash pickup plans, and Mr. Zarifiannazarlo has increased his weekly trash pickups. The back area is now tidy. The new manager is Lauren McMullen, she is experienced in alcohol serving, having worked many years in Boston. The Board expressed that they need to know what the proper regulations and bookkeeping requirements are. Ms. McMullen replied that she is familiar with them.

Kimberly Mangino, a neighborhood resident, stated that she is a regular patron of the restaurant, and spoke in favor of the establishment. She stated that it is a family friendly, comfortable and relaxing establishment, and she also enjoys the cuisine. She noted that it does not attract a rowdy crowd. In Board of Selectmen 10/18/2011 Page 9 of 19

Chuck Swartz, TMM9 has been there several times, and feels the establishment offers something different to the neighborhood. He is in favor of the license.

On motion it was,

Voted to approve the application of Khayam, Inc., d/b/a Khayam, Alireza Zarifiannazarlo, Owner, holder of a Common Victualler and Entertainment license at 404 Harvard Street for a license to Expose, Keep for Sale and To Sell All Kinds of Alcoholic Beverages as a Common Victualler at 404 Harvard Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

FALL TOWN MEETING WARRANT ARTICLES

Review and possible vote on the following Warrant Articles for the November 15, 2011 Fall Town Meeting:

No. Title

13. Resolution for a Pedestrian Signal at Green/Harvard (Spiegel)

Article 13-Petitioner Stanley Spiegel reviewed the explanation. This resolution is seeking a walk signal designed so that pedestrians crossing Harvard St. at the Green St. crosswalk do at times when the flow of traffic along Harvard St. will be minimally impacted and traffic congestion thereby reduced. Moreover, by stopping Harvard St. traffic with a red light, such a traffic control signal will enhance pedestrian safety. Pedestrians are already accustomed to and accepting of the existence of walk signals that limit opportunities for pedestrian crossing at established crosswalks along Harvard Street, including nearby crosswalks at Beacon St., Babcock St., Stedman/Williams Sts. and Fuller St., and the heavily used crosswalk at Green Street is rather unique in having no such control device, being situated as it is so close to busy Coolidge Corner. By discouraging pedestrian crossing at times when the resultant halting of Harvard St. traffic would most interfere with traffic flow through Coolidge Corner, a pedestrian-activated crossing signal appropriately coordinated with the timing of the Beacon Street traffic signal would help alleviate traffic congestion and thus be beneficial to commuters, local residents and Coolidge Corner businesses.

The question is to have a pedestrian activated cross walk and to have it coordinated with the Beacon Street light. It would have a minimal effect on Harvard Street traffic. As envisioned it might produce a red light on Beacon Street, but would be a small impact. The intent is to provide one crossing per red light on Beacon Street. This has been studied by two different traffic studies. The Transportation Department feels it is time for a new study. In Board of Selectmen 10/18/2011 Page 10 of 19

Selectman Mermell noted a memo from a Transportation Board member indicating that a sole focus on Green Street will not solve the traffic congestion. Ms. Mermell asked Mr. Spiegel if he is opposed to broadening the study to include Coolidge Corner as a whole. Mr. Spiegel replied that he welcomes anything that may help relieve the traffic congestion in Coolidge Corner; however whether the Moderator will find that in the scope is in question. This is just a first step; something needs to be done in that area. Selectman Daly asked the Engineering Director Peter Ditto his thoughts. Mr. Ditto stated that he had read the previous study which stated that friction did not seem to be the dominate issue in creating backups. If we are going to do a study it must include both intersections, It would not make sense to study Green Street independently. He estimated the cost of a study to be between $20-$25k. Selectman Daly added that the Board of Selectmen can go ahead and approve a traffic study in that area if that were the case.

Selectman Mermell would like to hold this vote pending an opinion from the Moderator.

This item was held.

No. Title

15. Resolution on Parks and Use by Day Care Centers (Sneider)

Explanation: The purpose of this resolution is to urge the Brookline Parks and Recreation Commission to establish rules and regulations for the safe use of its parks and playgrounds by licensed group day care centers and/or private early education programs.

Article 15- Petitioner Ruthanne Sneider presented a power point that contained a map of the local daycare centers, and their statistics. Due to the abundance of daycare facilities in Brookline, the local playgrounds have been increasingly overpopulated, causing a strain between residents, large daycare providers, and small daycare providers. Ms. Sneider stated that there was a much needed community dialogue about this by the subcommittee. They offered a revision of the Article that included continuing the coordination of playground use with the daycare community. Director of Health and Human Services Alan Balsam stated that his office coordinates with the daycares in Town and people are cooperating. The revised article does not include fees, which he is not in favor of at this point. Ms. Sneider stated that when she first proposed Article, she was told that it would require enforcement, which requires funds, and that only The Park and Recreation Commission can adopt a fee schedule. Mr. Balsam added that the administration to allocate resources warrants a user fee. The Health Department has tried to remain neutral on this issue. The situation has improved, and the Committee advises continued monitoring. He hopes that if there ever is a fee that it is minimal, as to not put anyone out of business. Group daycares seem to be making improvements and are adhering to the schedules. Selectman Mermell asked if we have In Board of Selectmen 10/18/2011 Page 11 of 19

a sense how many of the 450 daycare attendees are Brookline residents. Mr. Balsam replied that about 90% of group centers participants are Brookline residents. His jurisdiction applies to only group day cares. Chairman DeWitt Betsy added that all of the groups need to be participants if something is to be done.

Adele Munger, 28 Village Way is a family daycare provider, and noted that they are not part of these council meetings because they meet when we can't attend, and no outreach has been done to get us involved. There has been no formal dialog between group and family day cares. Selectman Daly stated that he feels that parks are the for small children feel they should not have to pay fee. Daycare is costly enough, and it is inappropriate to charge a fee for its use. She is in favor of coordinating who uses what and when. Joyce Stavis Zak, Daycare specialist in the Health Department responded that a decision has been made to have evening meetings to get family daycare operators to attend. There are no actual regular meeting set for family daycare providers. Selectman Benka asked what seems to be the problem. Ms. Zak replied that there were a lot of centers and programs all coming and using the parks at the same time. Everyone had a complaint. Some complained that the large group center did not provide adequate supervision, etc. Some of the group centers in Brookline Village have submitted to a schedule. Ms. Munger added that she uses the local park daily as it is required by state law. One problem at Murphy Park is that the big groups come in and take over use the play structures and overwhelm the younger children. She had to ask the caregivers to back off. Nelly Langlais, a family daycare operator on Kent Street across from Murphy Playground stated that she uses the park daily. The park used to be a pleasurable experience, but within the past ten years she is seeing a sense of entitlement with the larger group daycares. Some groups have been overtaking the playground. It is becoming better. A group daycare came with 35 kids to use the sprinklers. She presented the schedule and they did not know about it. A representative of Sunshine Academy stated that there should be a volunteer schedule for the park use, and agrees with some of the issues. They train teachers every year using materials on the safe use of parks, and notice that some groups are not following the basic guidelines, and some are. Chairman DeWitt encouraged her and her colleagues to get together with representatives from the Health Department Recreation Department and Early Education programs to come up with a consensus. Tommy Vitolo, Chapel Street stated that he will respond to Selectman Goldstein via email to address his opinion of the Article as a parent with a child enrolled in a local day care facility.

There was no vote on the Article.

No. Title

17. Resolution on Pledge of Allegiance in Classrooms (Rosenthal)

The petitioner Marty Rosenthal agreed to hold this item until next week to allow In Board of Selectmen 10/18/2011 Page 12 of 19

review of the Advisory Committee’s revision.

Item held

No. Title

18. Resolution on Robocalls (Burstein)

Explanation: Although the federal government has passed legislation over the years regulating telephone solicitations, such legislation has exempted political candidates from following the wishes of consumers who have signed up with the National Do Not Call Registry. During recent election seasons in particular the special election for senate that was held in December 2009 and January 2010 many residents of Massachusetts reported an excessive number of political robocalls coming from the campaigns of the various candidates. Political robocalls only serve to annoy the electorate and are mostly ineffective as a campaign tool. This article would ask candidates for state and federal offices running in Massachusetts to be judicious and sparing in their use of robocalls. It would not affect the right of political campaigns to have volunteers or even candidates call up citizens personally to speak with them.

Summary: This article would ask all political candidates for state and federal offices running in Massachusetts to be judicious and sparing in the combined use of computerized autodialers and pre-recorded messages in political campaigns.

Article 18- Petitioner Burstein stated that there is a new revision of the Article. The main objection was previously rejected due to freedom of speech concerns. The article now requests limitations of robocalls, and only pertains to State elections. The Town Clerk has indicated that he has no objections with the new language, and it should not be too much of a burden for the staff. It was asked why the Advisory Committee voted “No Action”. Selectman Benka noted that an Advisory Committee member had expressed the opinion that robocalls at least get out the message that there is an upcoming election.

On motion it was,

VOTED: 5-0 Favorable Action on Article 18 as revised by the Advisory Sub- Committee.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

FALL TOWN MEETING WARRANT ARTICLES

Question of voting on the following Articles for the November 15, 2011 Fall Town In Board of Selectmen 10/18/2011 Page 13 of 19

Meeting:

No. Title

5. Neighborhood Conservation District (NCD) By-Law (Planning)

6. Hancock Village NCD (Planning)

Article 5 & 6

Selectman Benka stated that four bodies have looked at these two Articles. The Preservation Commission made some modifications to Article 5. They recommended changes in the make-up of an NCD Commission and there could be one commission in the Town that would monitor NCD’s. The memberships in NCD’s could be overlapping. There is also revised language that staff be able to waive regulations to exempt minor changes.

EDAB would like to see a limitation in Article 5 to residential districts in the town. They have concerns about a decline of development. They also suggested procedures for establishing an NCD.

The Planning Board also suggested changes that would limit application to primarily residential areas and also appoint a Planning Board member and a home owner on the NCD (Neighborhood Conservation District) There is also language to appeal to the Board of Selectmen on a decision of the NCD. There are also concerns relating to a single property owner opposed to the creation of the district. There was no vote on it tonight by the Conservation Commission. Selectman Benka stated that TMM Linda Pehlke suggested language in Article 5 referring to ecological concerns. Each Board and Commission has had a particular focus going forward. Chairman DeWitt asked if the Moderator reviewed any of this. Selectman Benka replied that the Preservation Commission’s changes had been reviewed. He is not aware of review by the Moderator of other changes at this point. Selectman Daly asked about the Planning Board’s recommendation, and how does it differ from the original? Selectman Benka replied that the original draft was that of the committee of 5, three would be appointed by Preservation, and 2 by the Board of Selectmen. The Planning Board wants a member in the mix and a neighborhood property owner.

Selectman Goldstein asked about replacing windows and doors as written. Selectman Benka stated that there are 2 issues here. One is replacement of wooden gutters. The Preservation Commission does not allow aluminum as a replacement. The other issue is window replacement; the language is designed to allow it as long as the exterior appears consistent with original exterior appearance. The guidelines for each district may entirely exempt windows. Selectman Goldstein will like to see the Board of Selectmen’s involvement if needed or requested included. In Board of Selectmen 10/18/2011 Page 14 of 19

Paul Saner on behalf of EDAB, reviewed their position:

1. Recommended amendment to Neighborhood Conservation District (NCD) enabling legislation, Town Meeting Warrant Article 5, to limit the application of NCDs to residential properties.

Since the current NCD discussion has been advocated mostly in relationship to residential neighborhoods, EDAB recommends that, at least during initial operation, the program should not apply to commercial property uses. EDAB is concerned that the potential of future NCDs encompassing commercial properties may inhibit private capital investments in our commercial areas.

Potential Article 5 amendment language (changes indicated in bold):

Section 5.10.3.a.: A Neighborhood Conservation District shall encompass a geographically defined area that is zoned as a residence district.

Section 10.2.m.: REVIEWABLE PROJECT – Except to the extent that the particular design guidelines for a specific NCD set forth in section 5.10.3 of this by-law may exempt some of these activities from review within that NCD, the following activities on any property zoned as residence shall be subject to review…

2. Motion to request Selectmen to consider a study process prior to District designation and project compatibility review authorized on an interim basis from the time a proposed District is nominated for study.

EDAB’s discussion:

Several other municipal Neighborhood Conservation District programs in Massachusetts (Cambridge, Lincoln, Wellesley) use a process of citizen petition to the Historical Commission (what is called Preservation Commission in Brookline) to study designation of a District, with: study and written report by an appointed committee which includes among other representatives residents and/or property owners from within the proposed District; and a formal Historical/Preservation Committee vote, after considering the study report at a public hearing, whether to recommend establishment of the District to the City Council or Town Meeting.

During the pendency of such a study process, in Cambridge and Lincoln, the Historical Commission is authorized to conduct an interim review of any proposed projects that have not yet received a building permit, as if the NCD under study had already been established, in accordance with the boundary, guidelines and procedures that were proposed in the designation petition. The interim review authority expires a defined time period after the petition (a year In Board of Selectmen 10/18/2011 Page 15 of 19

in Cambridge and 18 months in Lincoln) if the contemplated District has not yet been actually adopted.

While EDAB does not have enough information to determine whether incorporating such study and interim review procedures would create a significantly better warrant article for Town Meeting, EDAB believes such a proposal is worthy of further investigation. EDAB asks the Selectmen to consider all potential ramifications in moving forward with Articles 5 and 6 as currently drafted and whether unintended consequences might be avoided with a differently structured Article 5 and an 18 month period in which to have control while a study is completed. As the interim study concept has many variables, suggestions for amendment language would be discussed following further conceptual direction from the Selectmen.

Regina Frawley TMM#16 addressed Selectman Benka stating that she has heard that a number of other communities like Wellesley, have a version of this; why did you chose this version. Selectman Benka replied that this one seemed to fit Brookline the best. We looked at a number of them. David Day, Precinct 16 asked when we will be able to address this. Chairman DeWitt replied once we hear from the Moderator. There are too many moving parts right now. We are trying to get to language that will be closest to go before Town Meeting. Next Tuesday, the Selectman will vote and take comments. Selectman Benka added that the Advisory Committee subcommittee will go through this tomorrow.

There was no vote on Articles 5 and 6

MISCELLANEOUS

Question of approving the minutes of October 11, 2011.

On motion it was,

Voted, to approve the Minutes of October 11, 2011 as amended.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

EMT EXPENDITURE

Approval of the request from the Emergency Management Team to expend $80,000 for costs associated with Narrowbanding the Town's radio system. Said costs to be funded from account SG53 (Insurance Proceeds)

Chief O'Leary stated that the FCC has mandated that all non-Federal public safety In Board of Selectmen 10/18/2011 Page 16 of 19

licensees using wide-band systems go to a narrowband system. He has been trying to get the deadline extended to no avail. He added that this has required us to look at the three radio systems in Town, Police, Fire, and DPW. Public Safety radios are now radio band. An outside company came in to narrowband some channels. There are not many vendors that provide this service. The Chief estimates the cost at $80,000 to complete the narrowbanding. Personnel will assist in this, which will require overtime, but will also produce some savings being done in-house. Deputy Town Administrator Sean Cronin has identified some funding sources. Selectman Daly asked if this will be as effective as the current ones. Chief O’Leary replied yes, but less powerful, we will need to place some repeaters strategically, and South Brookline should be fine. There are certain locations around the High School where the attention will be. Selectman Benka asked if it is unusual for municipalities to make these expenditures. The Chief replied that this is nationwide, and there are no grants or funds available from outside sources. Some major cities have asked for waivers, like New York City.

On motion it was,

Voted to approve the request from the Emergency Management Team to expend $80,000 for costs associated with Narrowbanding the Town's radio system. Said costs to be funded from account SG53 (Insurance Proceeds)

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

AGREEMENT

Question of approving and authorizing the Chairman to Execute an Agreement in the amount of $18, 400.00 with UMass Boston, Collins Center for services in evaluating the Town's Planning and Community Development Department. Said Agreement to be funded from account 98909810 524010.

Town Administrator Mel Kleckner recommended a proposal and contract with the Collins Center at University of Massachusetts Boston to conduct an organizational and staffing review of the Planning Department. This stemmed from last year’s budget process when there were some issues that came up, most notably the decrease in CDBG funding and the increase in local historic districts. Many outside sources will be interviewed as part of the review. Mr. Kleckner would like to start the study right away to be able to include it in next year’s budget.

On motion it was,

Voted to approve and authorize the Chairman to Execute an Agreement in the amount of $18, 400.00 with UMass Boston, Collins Center for services in evaluating the Town's Planning and Community Development Department. Said Agreement to be funded from account 98909810 524010.

In Board of Selectmen 10/18/2011 Page 17 of 19

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of awarding and executing Contract No. PW/12-21 " I/I Investigation and Sewer Rehabilitation Design - Subareas NI 7, 8 & 12" in the amount of $382,000.00 with BETA Group, Inc. of Norwood. Said contract to be funded from account 4997C158 6C0005. (Wastewater System Improvements)

Director of Engineering Peter Ditto stated that this contract is to investigate sanitary sewers in sub-areas that were identified in the waste water master plan done in the mid 1990’s. Also included is the investigation of the surcharging of storm water and wastewater pipes in the Englewwood/Kilsyth Road area which received 18-20 inches of water during the March rainstorms. This was high intensity for a short duration of storms. The project is to be funded through the MWRA INI financial assistance program. Selectman Daly asked if there will be any tearing up of the streets. Mr. Ditto replied that 90% will be conducted through the manholes. Selectman Benka asked if the cleaning of the sewers are included, Mr. Ditto replied that basically it includes just flushing, if something more is needed it would be an additional cost. Selectman Benka would like to further review the contract. Selectman Goldstein would also like to review the bid process of the contract.

This item was held

CHAPTER 90 REQUEST

Question of reviewing and executing a Chapter 90 Reimbursement Request to the Mass Department of Transportation/Highway Division in the amount of $238,000.25 for Contract PW/11-07 "Harvard Street Improvement Project".

On motion it was,

Voted to approve and execute a Chapter 90 Reimbursement Request to the Mass Department of Transportation/Highway Division in the amount of $238,000.25 for Contract PW/11-07 "Harvard Street Improvement Project".

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 10/18/2011 Page 18 of 19

TEMPORARY WINE AND MALT BEVERAGES LICENSE

Question of granting a temporary wine and malt beverages license to Boston University in connection with a banquet to be held on October 21, 2011 from 4:30pm to 6:00pm at 928 commonwealth avenue.

On motion it was,

Voted to grant a temporary Wine and Malt beverages license to Boston University in connection with a Banquet to be held on October 21, 2011 from 4:30pm to 6:00pm at 928 Commonwealth Avenue.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

Question of granting a temporary All Kinds of Alcoholic Beverages license to Brookline High School Alumnae Association, Linda Kirby, President in connection with a 40th Reunion to be held on October 22, 2011 from 7pm to 11pm at Brookline High School, 115 Greenough Street.

On motion it was,

Voted to grant a temporary All Kinds of Alcoholic Beverages license to Brookline High School Alumnae Association, Linda Kirby, President in connection with a 40th Reunion to be held on October 22, 2011 from 7pm to 11pm at Brookline High School, 115 Greenough Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

TEMPORARY WINE AND MALT BEVERAGES LICENSE

Question of granting a Temporary Wine and Malt beverages license to Wheelock College in connection with a Reception to be held on October 22, 2011 from 4pm-6pm at 43 Hawes Street

On motion it was,

Voted to grant a Temporary Wine and Malt beverages license to Wheelock College in connection with a Reception to be held on October 22, 2011 from 4pm-6pm at 43 Hawes Street

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 10/18/2011 Page 19 of 19

PERMIT TO SERVE ALCOHOLIC BEVERAGES (NO-SALE)

Question of granting a Permit to Serve Alcoholic beverages (no-sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

October 20th Cocktail Party 5:30pm - 9:30pm

October 22nd Wedding Reception 3pm-11pm

On motion it was,

Voted to grant a Permit to Serve Alcoholic beverages (no-sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

October 20th Cocktail Party 5:30pm - 9:30pm

October 22nd Wedding Reception 3pm-11pm

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

There being no further business, the Chair adjourned the meeting at 11:20 pm.

ATTEST

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN

10/25/2011 th 6 FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy Daly, Selectman Jesse Mermell, Selectman Richard Benka, Selectman Kenneth Goldstein

WORKERS COMPENSATION CLAIM

Assistant Human Resources Director Leslea Noble appeared to request authorization to settle a Workers Compensation claim

LITIGATION

Town Counsel Jennifer Dopazo Gilbert appeared to discuss strategy with respect to litigation.

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

X (1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

In Board of Selectmen 10/25/2011 Page 2 of 16

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen 10/25/2011 Page 3 of 16

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community Interest.

October 26, the Senior Center will hold its Autumn Benefit, this fundraiser to will help expand their fitness center.

Thursday October 27th is the last Farmers Market of the season

The Town has posted a rabies alert after finding a rabid raccoon in North Brookline

The Healthy Food Day was a successful event

The future Teen Center will hold an Open House on October 30th, 40 Aspinwall Ave and shares plan of future development

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment MISCELLANEOUS

Approval of miscellaneous items pg. 3, #s 11-22, licenses, vouchers, and contracts.

RECOGNITION

Recognition of Brian Bain, head professional at the Robert T. Lynch Municipal Golf Course on receiving the 2011 PGA of America's President's Plaque.

Chairman DeWitt was pleased to acknowledge that Brian Bain has received the PGA President’s Plaque. This is a high honor and Brian is the first recipient of the New England PGA. Mr. Bain has created a various partnerships between The New England PGA and the local fitness and golf clinics. Chairman DeWitt stated that they are proud that he has brought this honor to Brookline.

Mr. Bain thanked the Board and stated that he is fortunate to work for the Town and do the programs that he enjoys to do. He is committed to recruiting new golfers, and offer golf programs at the Robert T. Lynch Municipal Golf Course.

Recreation Director Lisa Paradis stated that we are lucky to have Brian as an employee. There were 27,000 applicants for this award, and he won it. He is an asset to the In Board of Selectmen 10/25/2011 Page 4 of 16

Recreation Department and the Town of Brookline.

The Board congratulated Mr. Bain and his efforts to keep and acknowledged his many accomplishments and his contributions to the sport of Golf, and commitment to the Brookline Community.

LIQUOR LICENSE REGULATIONS

Question of adopting amended Liquor License Regulations as recommended by the Selectmen's Licensing Committee.

Chairman DeWitt stated that they have incorporated some changes since the last Selectmen’s meeting. These changes seem to meet the approval of everyone involved including the attorney representing many local restaurant owners. Chairman DeWitt went over briefly some of the changes. Selectman Mermell thanked Chairman DeWitt, Selectman Goldstein, and Assistant Town Counsel Patty Correa for steering this Committee. Chairman DeWitt added that the input from the local licensees have been extremely productive, and thanked them for their assistance. She added that there was clearly a lot of work that went into this, and thanked everyone that was involved.

Voted to adopt the amended Liquor License Regulations as recommended by the Selectmen's Licensing Committee.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

FALL TOWN MEETING WARRANT ARTICLES

Review and possible vote on the following Warrant Article for the November 15, 2011 Fall Town Meeting:

No. Title 17. Resolution on Pledge of Allegiance in Classrooms (Rosenthal)

Petitioner Martin Rosenthal, Co-chair of Brookline PAX stated that the bottom line is that he is going to ask that the Board of Selectmen does not take any action on this Article. As a co-equal elected body with the School Committee this should be left within the Town Meeting and the School Committee. The Board of Selectmen was not part of their process last year, therefore are not in a position to ratify the process. He is not sure that the Board of Selectmen should be telling the Town meeting what to do about this; Town Meeting is the best to acknowledge the community. Past discussions request to defer this agenda to Town Meeting; neither criticize nor endorse the policy.

In Board of Selectmen 10/25/2011 Page 5 of 16

The question is not whether to have a Pledge of Allegiance, but where to have it, he never urged to get rid of it, but rather to adopt a compromise.

The petitioners believe that the classroom is not the right setting to recite the Pledge of Allegiance. In some settings it makes some people uncomfortable, and has a capacity in some settings to be a divider not a uniter, because it appears to be a loyalty oath. The classroom is not a good place for younger school children to recite the Pledge of Allegiance, although he is not empathizing the bullying issue. The School Committee has chosen to stay out of this process; they did not attend any public hearings or public debate. They are not here asking the Board of Selectmen to do anything.

Kevin Lang TMM#9 stated that the current version is one that he has an issue with. The School Committee's role is to decide what its objectives are and what are the values of the system are. The role of the Principals are among other things is to is to build communities. Now it provides guidance and focuses on allowing the Principals in the end to make the final judgment. If a Principal feels that reciting the Pledge in the classroom would cause problems, they should have the power to make that judgment.

Selectman Benka disagrees with the revised motion of the Advisory Committee that would grant the control to the Building-based leaders (Principals and BHS Headmaster). What if one principal said no pledge at all in the school and if another decides to do it every day in every classroom? Would that be acceptable? Is that the intent? Mr. Rosenthal replied that now it is a mandate that they do this once a week, which he feels thinks is illegal; this would now give the Principals guidance and let them decide how they want to do this. Selectman Benka feels that this issue could be more divisive at the school level. Do Principals really want this responsibility, do we want to put this one their plate; do we want school-by-school lobbying about this issue? The School Committee appropriately tried to strike a balance here, and to take this off the principal plate. Selectman Benka also disagrees with the suggestion to preclude the Pledge in classroom. The classroom is where kids form friendships and partnerships, and learn to work together. Look at this in the student’s eyes, not those of adults. He agrees with the School Committee on both points.

Selectmen Mermell stated that she received more than one comment saying that Brookline should be ashamed of themselves; she feels that Brookline should be immensely proud that we have this democratic process. On merits of the Article it is a non-binding resolution before a body with no jurisdiction over this matter, and the matter has already recently and publically resolved by the School Committee which she feels is the appropriate body. On the issue of bullying this is something we all take seriously. She is not sure this is the way to tackle bullying by making sure that no child stand out. She feels that the School Committee’s current policy strikes a comprising balance allowing the appropriate flexibility by balancing the traditions, respect, and heritage of our country while also respecting the various beliefs, and traditions of those within the diverse Brookline School system. In Board of Selectmen 10/25/2011 Page 6 of 16

Selectman Goldstein addressed the bullying issue. Children and adults too have been on the receiving end of bullying for all types of reasons, be it sports, or whatever, but we should not outlaw the activities, we should address the bullies. He disagrees with the comparison of the Pledge of Allegiance to a Nazi loyalty oath offending holocaust survivors. It is a pledge to the flag, a symbol to our county, our nation, with liberty and justice. It represents a loyalty to our liberty and justice for everyone.

Selectman Daly stated that we should not be telling the School Committee what to do within its purview. As for the Pledge of Allegiance this is her country and she has no problem reciting it. However, she believes that those who don’t want to say it should not have to and they shouldn’t be bullied for that decision. If the Warrant Article were simply to ask the School’s to look into ways to address bullying issues that come up within this regard, she could support it.

Chairman DeWitt stated that she supports a non action vote on the Article. The School Committee is responsible for creating policy for the Public Schools; they developed a policy that works as a balance between civic traditions and State law while respecting the country and its diversity. There are healthier means to discuss its meaning than putting Principals in the position to decide what to do after the School Committee has agreed on a policy.

On motion it was,

VOTED: 5-0 No Action on Article 17

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

WARRANT ARTICLES

Question of voting on the following Warrant Articles for the November 15, 2011 Fall Town Meeting:

No. Title

2. Collective Bargaining Agreements (Human Resources)

Town Administrator Mel Kleckner stated that there is pending mediation.

This Article vote was held.

No. Title 9. Leaf Blowers (Fischer)

In Board of Selectmen 10/25/2011 Page 7 of 16

Article 9 - Selectman Daly stated that she is recommending a revised version of the Article. The earlier version of Article applied to gas powered and electrical leaf blowers, now the electrical blowers are not included. Revisions also addressed the effective dates, large and commercial parcels, and includes a provision that property owners may use leaf blowers for a 1 hour period once a week with permission of the health Department if it address a public health issue like rodent infestation.

Petitioner Andrew Fischer replied that these are the kind of accommodations built to gain support. Although he is happy to make a compromise to substitute Selectman Daly’s version. Selectman Daly added that she spoke to Mr. Basil and he feels that we have not gone as far as he would like.

Bob Basile TMM#16 and property owner/manager of both residential and commercial areas in Brookline stated that this revised version is flawed. The electric blowers are actually louder than gas ones, not as powerful and their cords are dangerous, plus there are no backpacked ones manufactured, plus they cannot be used in flower beds. He plants over 1500 plantings in town, with no electric outlets homeowners and landscapers will have to use generators which will use more gas. The non use of leaf blowers should continue to be voluntary and not mandatory. He is proud to beautify his properties in Brookline and would like to continue to do so. (Mr. Basile handed out photos of some of his plantings around town).

Steve Vascouwski owns a landscaping business with several Brookline clients. He stated that his customers are concerned that their properties will not be cleaned as well as they should be. This revised Article does not address pest problems other than rodents, such as pesticides where the leaf blowers puts them back on the targeted area; this can’t be done with a broom. He is just trying to beautify Brookline and give it pride. Selectman Daly noted the one hour a week clause with permission from the Health Department. Mr. Vascouwski has already switched over to the lower decibels machines, and now he is realizing that those may be useless.

Selectman Benka expressed concern that the exception on public health is only for property owners; even if it were broadened to include landscapers it would still require permission from the Health Department. He would rather see a resolution that urges town residents to be careful in their use of gas leaf blowers, coupled with a commitment from the Board of Selectmen to educate and enforce the existing noise by- law. Selectman Benka is still concerned that certain parcels are exempt while others are not. It does not seem fair that a homeowner of a large property and paying thousands of dollars of real estate taxes is not exempt, while many institutions would be exempt. Most are non tax payers. There continues to be an inequity of this, and he supports the route of a resolution submitted by Stanley Spiegel. Mr. Fischer replied that the Article does not prohibit the use of leaf blowers, but limits its use, and no one is being prohibited from using them in the fall when the leaves are falling. Selectman Daly added that she will add “or its designee” to the language regarding Health Department In Board of Selectmen 10/25/2011 Page 8 of 16

permission.

With that, Selectman Daly made the motion of favorable action on her revised Article.

There was no second. Motion failed.

Selectman Benka held the vote to review the Advisory Committees recommendation.

No. Title

5. Neighborhood Conservation District (NCD) By-Law (Planning)

6. Hancock Village NCD (Planning)

Joseph Geller, representing Chestnut Hill Realty stated that they are not in favor of Articles 5 & 6. Article 5 concerns them because they don’t feel that it is well crafted. They feel that it does not respect what they have done, and are allowed no representatives on the district. Basically this Article was put out in connection with Article 6 which is about Hancock Village. Hancock Village is a large part of the district and they feel any neighborhood commission should have the support of everyone in the district. Also there is no decision on the percentage the district voting in favor of the Article. If the Town really wants to create a neighborhood district it really should have the support of those in the district. Article 6 is clearly being proposed to stop the Hancock Village expansion. When you put the two together it targets Hancock Village. The Planning Board hearing had discussed similar NCD conversations regarding Fisher Hill Development. And it is clear that they anticipate a lot of changes to our plans, the zoning will address a lot of the concerns. He feels that it is overstep and there are unintended consequences to everything, the end result may not make the Town happy.

Larry Weinrauch, Beverly Road stated that the community has never said that it is against any development in Hancock Village, there could be some development that may be useful to the community like elderly housing for residents wanting to downsize and stay in Brookline. If something is proposed that is a good fit in the community it would be welcome. It would be helpful to form a committee to see what the best for is for the community, every neighborhood is different. The whole idea behind this is be able to keep our community the same, not having someone drop a Brookhouse and changes the concept of the community. No matter where in the community homeowners and residents should be able to say that somebody nobody can take away our community. Is someone can come in and add 466 units in the neighborhood, and claim that only 2 children will be entered into the school system, how could that be? The classes at Baker School are at capacity, what happens when 466 units come in.

Robert Allen TMM#16 Russet Rd, spoke on Article 6 stating that the proposal by Hancock Village is unacceptable by all accounts. It comes off to be overly optimistic, overly greedy and In Board of Selectmen 10/25/2011 Page 9 of 16

yet not unusual for a developer to submit. There has been able to be a meeting of the minds in most cases. This one seems to propose no negotiations, and the developer has lost creditability. We never got to the point where everyone rolled up their sleeves. An example is that an estimated 75% of the traffic on his street is going to Hancock Village, if there was a proposal that block off the entry way that could really do something for the quality of life on my area of town what am I willing to trade off, I don’t know because we never got to that point. The developer kept coming back with the same number of units. On Article 5, he was never asked about as a property owner that is significantly affected by this proposal. No neighbors have been asked what they would like to see, but there haves been significant improvements there that have been dome since rent control, and he does not know if those improvements could have been done if it were a neighborhood district back then. Arguably it has been a small impact on the neighborhood. A concern is that any type of development there will crush Baker School; this will spread like wildfire in this Town should Article 5 pass. He feels that not enough thought went into it this. This is landmark legislation in this Town he hopes the developer can hold off for a little while to look at this and give us time to see if we can get it right. He feels that we have not exhausted all efforts.

Bill Pu, Beverly Rd stated that they all recognize that the trigger of this legislation was Hancock Village, however the problems of misguided development impacts all of Brookline. This Article is important for the entire town. Residents throughout Brookline have indicated support for this legislation. We recognize that development pressures abound throughout Brookline. This is a common theme throughout Town; the NCD legislation is an important mechanism that supplements the current mechanisms available to help to guide development in a way that we would like. There is flexibility that is a benefit. Article 6 has had two and a half years of discussion and in that time the proposed number of units has not changed. The Article will help to perpetuate a historic agreement made in 1946 between the Town and the developer, who at that time was John Hancock Insurance Company. That agreement had a lot of wisdom in it that is seen in Hancock Village, and the harmonious relationship between the village and the neighborhood.

Rob Koocher, Beverly Rd served on the Hancock Village Planning Committee and it got to a point where there were no negotiations. There was no movement on the number of units proposed. The Committee never said they were against development we tried to have a conversation. All of TMM#16 except for one is in support of Article 6. Article does offer flexibility and a new way to approach issues that are important to the Town.

A precinct 16 resident stated that she is a developer having developed her property and invested her money into it. This is a development that will cost the Town money.

Selectman Goldstein stated that they have been following this discussion for some time now, Article 5 will provide a tool that can be used beyond what it available now to positively affect the way that developers affect the Town. The obvious first test of this is Article 6, Hancock Village.

In Board of Selectmen 10/25/2011 Page 10 of 16

Chairman DeWitt stated that she would like to see the final vote made by the Advisory committee. Selectman Benka supports Article 5 and 6 and would also like to review the Advisory Committees recommendation. Chairman DeWitt added that they do want to make sure that they get it right and review it carefully. The Selectmen have also received recommendations form a number of Boards and Commissions. A thorough review is required and she suggested that these Articles be held until next week. Selectman Benka added that EDAB’s Advisory Board was adamant about excluding commercial zones and he gathers that that language did get in appropriately. He is very comfortable with that. He would like to push ahead and vote but is not inappropriate to wait for the Advisory Committees language. There will be no comments taken next week.

Judy Leichtner, Beverly Rd stated that all of them received the Advisory Committees language which was voted on and emailed the past week, including suggestions from various sources. Why does the selectman not have it, she said that this language has been circulating for a week. Selectman Mermell replied that it was emailed to the Selectman but the packets included only the text of the email and not the actual document. The actual language was received by the Selectmen this afternoon. Chairman DeWitt added that in order to comply with the Open Meeting laws it was not discussed between them.

Articles 5 & 6 were held.

No. Title

13. Resolution for pedestrian Signal at Green/Harvard Streets (Spiegel)

Selectman Daly has submitted some revisions based on the Advisory Committees vote that addressed a study to expand beyond a single traffic signal in the green Street area. Petitioner Stanley Spiegel is comfortable with that. The intent is to relieve traffic congestion in that area.

On motion it was,

Voted, 5-0 Favorable Action on Article 13 as revised by Selectman Daly.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

No. Title

15. Resolution on parks and Use by Day Care Centers (Sneider)

The petitioner Ruthann Sneider stated that she has contacted the Assessor’s Office and has learned that the local Day Care Centers pay real estate taxes on a residential tax base as In Board of Selectmen 10/25/2011 Page 11 of 16

directed by State law whether they are in a commercial area or not. The Board felt that this does not pertain to the Article.

The Board held this Article pending language changes.

MISCELLANEOUS

Question of approving the minutes of October 18, 2011.

Voted to approve the minutes of October 18, 2011 as amended.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

DONATION

Question of accepting a donation from Mr. Jean-Louis Bourgeois in the amount of $1,000 for the Hidden Brookline Committee

Director of Human Resources Stephen Bressler stated that two years ago a Dedication of Plaque Recognizing Presence of African Slaves in Old Burying Ground was held as part of a Hidden Brookline event. An award was received for this at the Preservation Awards Ceremony. Dr. Barbara Brown added that at the ceremony, she was approached by Mr. Jean-Bourgeois asking her to accept a gift of $1000 for the Hidden Brookline Committee. This was an unsolicited gift; it was a notion that someone thought our work is special. This will help us expand our programs. Mr. Winslow Myers spoke on behalf of Mr. Bourgeois and how their work made an impression on him. The Board sends their personal thanks to Mr. Bourgeois through Mr. Meyers.

On motion it was,

Voted to accept a donation from Mr. Jean-Louis Bourgeois in the amount of $1,000 for the Hidden Brookline Committee

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

GRANT AGREEMENT

Question of authorizing the Town Administrator to execute a Grant Agreement with the Massachusetts Cultural Council for Brookline Commission of Arts funding in the amount of $8,180.00.

In Board of Selectmen 10/25/2011 Page 12 of 16

On motion it was,

Voted to authorize the Town Administrator to execute a Grant Agreement with the Massachusetts Cultural Council for Brookline Commission of Arts funding in the amount of $8,180.00.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

VILLAGE SQUARE/GATEWAY EAST

Question of authorizing the Director of Planning and Community Development, working with the Director of Transportation and Engineering, to forward a 25% draft submission of the Village Square/Gateway East Jughandle plan to MassDOT for further review.

Director of Planning and Community Development Director Jeff Levine stated that he is requesting that the Board of Selectmen authorize a submission to MassDOT of our 25% draft design for the Village Square/Gateway East jughandle project. This design is substantively the same as the one reviewed by the Gateway East Citizens’ Advisory Committee, with some minor such as moving Walnut Street further from the BHA buildings on the south side of the project area.

This initial 25% design submission provides an starting set of design plans on which MassDOT can review and comment. These plans have been based on actual field work, including a survey and subsurface analysis, and therefore are the first set of plans completed that are “real.”

Once these plans are submitted, MassDOT will hold a 25% design hearing to hear public and professional feedback. We plan to hold a meeting of the Gateway East Citizens’ Advisory Committee in conjunction with that design hearing. Based on what MassDOT hears at the hearing, and their internal review, it will provide the Town with a set of comments on the plans. The Town’s consultants will then take those comments, and further internal review, and complete a 75% design submission. There will then be a similar hearing at the 75% design stage, after which the Town will make a final submission. Once the final submission is approved, and funding is identified, the project will be able to go into construction. In short, this is the first formal design submission in a long set of subsequent submissions.

Don Cook, from VHB Consultants reviewed a map of the proposed project. He stated that after about a year of work, they came to the conclusion that it would be feasible to move forward. This 25% plan is not near to being done, there is room for implementation. The project starts at Route 9, and includes Washington/Rt 9 and Walnut/High Street area, moving the jughandle to the East towards Pearl Street, and replacing the pedestrian bridge. The goal to find an opportunity to provide a better balance with all the commuters, including transit, buses, pedestrians, vehicular, and cyclist. The goal was to minimize the sea of pavement. An upgraded traffic signal In Board of Selectmen 10/25/2011 Page 13 of 16

system will provide a better traffic plan. These are busy locations that are near over capacity, this is not a plan that will make them all work great, and the goal is to maintain or slightly enhance them making them easier to access. MassDot does not get into explicit detail at 25%, but are looking at ascetic design. Looking at a project, it is estimated in the 4 to 5 million dollar range.

The Board asked about the bus stops. It now appears to be placed curbside, east of Pearl Street, on Route 9 westbound. The Board wonders if that is the proper place for it being in a traffic lane. It would significantly pinch westbound traffic at that point. The Board asked why it can’t stay where it is which is in a pull out lane, that area appears wide enough to narrow down. In addition, the crosswalk across Route 9 is on the west side of pearl Street. Mr. Cook replied that keep it where it is legitimate for now, but it is up against both the property line and the site plan for 2 Brookline Place, they are looking at it, they need to coordinate with the MBTA.

Selectman Daly asked about the Jersey barriers, Mr. Cook replied that they will be eliminated.

Selectman Benka does not see voting for something that is not finalized, particularly with the recognized impact on west bound Route 9 traffic. Chairman DeWitt stated that we should give it the benefit of the doubt and get the plans into the queue at MassDot. There will be more discussions on this.

On motion it was,

Voted to authorize the Director of Planning and Community Development, working with the Director of Transportation and Engineering, to forward a 25% draft submission of the Village Square/Gateway East Jughandle plan to MassDOT for further review.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Kenneth Goldstein Abstained: Richard Benka

CONTRACT

Question of awarding and executing Contract No. PW/12-21 "I/I Investigation and Sewer Rehabilitation Design - Subareas NI 7,8 & 12" in the amount of $382,000.00 with BETA Group, Inc., of Norwood. Said contract to be funded from account 4997C158 6C0005 (Wastewater System Improvements.

DPW Commissioner Andy Pappastergion stated that this item had come up last week and he has addressed some of the concerns through a memo to the Board. This is an investigation of the next section of the rehabilitation contract. In Board of Selectmen 10/25/2011 Page 14 of 16

Selectman Benka added that the contract only capped a portion of the project which has now been amended to cover the whole costs.

On motion it was,

Voted to award and execute Contract No. PW/12-21 "I/I Investigation and Sewer Rehabilitation Design - Subareas NI 7,8 & 12" in the amount of $382,000.00 with BETA Group, Inc., of Norwood. Said contract to be funded from account 4997C158 6C0005 (Wastewater System Improvements.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of awarding Contract No. PW/12-19 "Rental Rates for Snow Plowing and Ice Control" in the amount of $65,928.00 to D'Allessandro Corp. of Avon. Said contract to be funded from account 42004230 523070

Selectman Goldstein asked how this contract compares to last years. Commissioner Pappastergion replied that it came in 2.8% less than last year’s contract.

On motion it was,

Voted to award Contract No. PW/12-19 "Rental Rates for Snow Plowing and Ice Control" in the amount of $65,928.00 to D'Allessandro Corp. of Avon. Said contract to be funded from account 42004230 523070

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

TEMPORARY WINE AND MALT BEVERAGES LICENSE

Question of granting a temporary Wine and Malt beverages license to the Senior Center in connection with an Annual Autumn Benefit to be held on October 26, 2011 from 6pm-9pm at 93 Winchester Street.

On motion it was,

Voted to grant a temporary Wine and Malt beverages license to the Senior Center in connection with an Annual Autumn Benefit to be held on October 26, 2011 from 6pm- 9pm at 93 Winchester Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 10/25/2011 Page 15 of 16

TEMPORARY WINE AND MALT BEVERAGES LICENSE

Question of granting a temporary Wine and Malt beverages license to Brookline Access Television in connection with an Art Gallery Reception to be held on November 1, 2011 from 6pm-8pm at 46 Tappan Street.

On motion it was,

Voted to grant a temporary Wine and Malt beverages license to Brookline Access Television in connection with an Art Gallery Reception to be held on November 1, 2011 from 6pm-8pm at 46 Tappan Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

TEMPORARY WINE AND MALT BEVERAGES LICENSE

Question of granting a temporary Wine and Malt beverages license to Boston University in connection with the following events to be held at 808 Commonwealth Avenue:

October 27th Reception 6pm-8pm

November 3rd Banquet 6pm-10pm

On motion it was,

Voted to grant a temporary Wine and Malt beverages license to Boston University in connection with the following events to be held at 808 Commonwealth Avenue:

October 27th Reception 6pm-8pm

November 3rd Banquet 6pm-10pm

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

PERMIT TO SERVE ALCOHOLIC BEVERAGES (NON-SALE)

Question of granting a Permit to Serve Alcoholic Beverages (non-sale) to Larz Anderson Auto Museum in connection with a Wedding Reception to be held on October 29th from 4:30 pm- 11pm at 15 Newton Street.

In Board of Selectmen 10/25/2011 Page 16 of 16

On motion it was,

Voted to grant a Permit to Serve Alcoholic Beverages (non-sale) to Larz Anderson Auto Museum in connection with a Wedding Reception to be held on October 29th from 4:30 pm-11pm at 15 Newton Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

TEMPORARY WINE AND MALT BEVERAGES LICENSE

Question of granting a temporary Wine and Malt beverages license to the Brookline Community Foundation in connection with a Community Celebration to be held on November 2, 2011 from 6pm-7:30pm at the Coolidge Corner Arcade, 318 Harvard Street.

On motion it was,

Voted to grant a temporary Wine and Malt beverages license to the Brookline Community Foundation in connection with a Community Celebration to be held on November 2, 2011 from 6pm-7:30pm at the Coolidge Corner Arcade, 318 Harvard Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

There being no further business, the Chair adjourned the meeting at 10:20 P.M.

ATTEST

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN 11/01/2011

6th FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy Daly, Selectman Jesse Mermell, Selectman Richard Benka Selectman Kenneth Goldstein

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

X (1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X (3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

In Board of Selectmen 11/01/2011 Page 2 of 13

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session. In Board of Selectmen 11/01/2011 Page 3 of 13

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community Interest.

Wednesday November 2, the Brookline Community Foundation will hold its annual Unsung Hero Awards. The honorees are Frank Caro, community volunteer and activist, and Scott Hillman and George Vien, founders of the outstanding Brookline Youth Lacrosse

November 4th and 5th the Senior Center will hold its holiday craft fair

First Night will be held on November 17th. Economic Development Director Kara Brewton gave a brief update of the festivities.

The Teen Center’s Open House was a successful event, and the Board encouraged everyone to take a look at www.brooklineteencenter.org

The Dress for Success clothing drive will be November 4&5 at the Public Safety Building.

There have been coyote sightings in Town, please notify your State Representative with any concerns, there is little that can be done at the Town level.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

FIRE CHIEF

Question of approving and executing an Employment Contract with Paul D. Ford for Fire Chief effective November 7, 2011 to November 6, 2014.

a. Question of appointing Paul D. Ford as Fire Chief for the Town of Brookline for a three (3) year term effective November 7, 2011 until November 6, 2014.

Town Administrator Mel Kleckner stated that he is pleased to announce that a contract agreement has been met within the Town's requirements. This evening the Board of Selectmen will be asked to approve the agreement. Mr. Kleckner acknowledged and welcomed Mr. Ford and his family, and thanked the search committee that did a great job selecting him as Fire Chief. The Board thanked the search committee and In Board of Selectmen 11/01/2011 Page 4 of 13

acknowledged that it was a very thorough and lengthy endeavor. There was a large experienced applicant pool. The Board expressed their thanks and gratitude to the former Chiefs Green and Skerry for their leadership. The Board was impressed with Chief Ford who is now serving as Fire Chief in a larger community, and noted that he possesses management skills and ground experience. The Board is happy that he is able to bring these attributes to the job. Chairman Dewitt added that the State will honor 9 Brookline Firefighters in an upcoming ceremony; this is a good testament of the Brookline Firefighters he will be working with.

Town Clerk Pat Ward swore in Chief Paul Ford.

On motion it was,

Voted to approve and execute an Employment Contract with Paul D. Ford for Fire Chief effective November 7, 2011 to November 6, 2014.

Voted to appoint Paul D. Ford as Fire Chief for the Town of Brookline for a three (3) year term effective November 7, 2011 until November 6, 2014.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

MISCELLANEOUS

Approval of miscellaneous items pgs. licenses, vouchers, and contracts.

POLICE PERSONNEL

Question of authorizing Chief Daniel O'Leary to fill 10 vacant police officer positions from the November 2011 certified candidates list.

Chief O'Leary stated that there are 12 vacancies in the Police Department, which are vacant for a variety of reasons. The new hiring list is due out this week. This authorization will allow the Department to start the hiring process in order to enroll the candidates in the Police Academy.

On motion it was,

Voted to authorize Chief Daniel O'Leary to fill 10 vacant police officer positions from the November 2011 certified candidates list.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 11/01/2011 Page 5 of 13

BOARDS AND COMMISSIONS - INTERVIEWS

James Batchelor candidate for reappointment to the Preservation Commission will appear for interview.

Mr. Batchelor enjoys being on the Commission, and stated that there are some upcoming interesting issues for the Commission. He has worked on demolition cases, the new Lawrence Historic District, and has serves as Chair. He noted that it would be helpful to have a full compliment with a member from each historic district.

FY12 FIRE DEPARTMENT BUDGET

Director of Fire and EMS Services John Green appeared to update the Board on FY12 Fire Department Leave and Overtime experience.

Chief Green stated that the Fire Department is heading towards a reserve fund transfer due to exceptional high long-term sick and injury leaves. All injuries are being monitored appropriately, and making sure that all medical steps are being taken to get them well and back to work. A large portion of sick leave is due to non-work related surgeries, like knee and back surgery. Selectman Daly pointed out that the sick leave seems to spike on the weekends, and she is perplexed that that is due to actual sick leave, it indicates taking weekends off. Chief Green stated that those that have used half of their yearly sick leave have been brought in. There has been discussion with some and we have seen some improvement. We are addressing it aggressively. Selectman Goldstein noted the rise in injury rates which is concerning because there is almost a 100% increase, he wonders if safety policies are being addressed. This is an enormous increase. Chief Green replied that MGL 111F is quite explicit in how you can handle job injuries. Selectman Goldstein noted that if they are valid injuries there is a safety policy that should be addressed. The Chief stated that every injury is investigated; we look at all of this. There is no pattern right now to indicate one safety concern. Selectman Goldstein said that he just wants to make sure we are improving this if we can, and asked about any comparison between these current rates and other communities, are we an abnormality. Chief Green replied no, we are not; sick leave use is a wide spread problem. Selectman Benka noted that the spreadsheet does not identify what’s going on outside of the number of tours of injury leave; are people staying out longer, or are there more cases, or is it a combination. Chief Green replied that it does seem to run in cycles, right now a number of injuries are back injuries that required surgeries, and the expected recovery time is one year. Again, we do have monthly meetings with the occupational nurse to review all the current cases. Selectman Benka stated that more data would be helpful in sorting this out. The Chief will provide more detail, and added that the Fire Administration is aware and very concerned about these statistics, and are making every effort to make sure that we are providing the best safety measures for the firefighters. The Board thanked him for the update.

In Board of Selectmen 11/01/2011 Page 6 of 13

WARRANT ARTICLES

Question of further review and voting on the following Warrant Articles for the November 15, 2011 Fall Town Meeting:

No. Article.

5. Neighborhood Conservation District (NCD) By-Law (Planning)

Selectman Benka said that they have heard extensive comments and followed the process that these Articles have been going through. We all received the various committee votes in the combined reports. The Advisory Committee voted Favorable Action on both Articles. The Subcommittee provided a thorough and careful revision that addressed many of the issues raised.

On motion it was,

VOTED: 5-0 Favorable Action on Article 5 as amended by the Advisory Committee.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

No. Article

6. Hancock Village NCD (Planning)

On motion it was,

VOTED: 5-0 Favorable Action on Article 6 as amended by the Advisory Committee.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

No. Article

9. Leaf Blowers (Fischer)

Petitioner Andrew Fisher stated that we were willing to support the amended version by Selectman Daly, but it does not appear to win a favorable action vote. Selectman Daly would still like to move her amended version, noting that the Advisory Committee has suggested a resolution which may be more popular, and she feels that this is something people can live with. Mr. Fischer is not opposed to the Advisory Committee’s resolution although feels that it lacks teeth. The Article was criticized in In Board of Selectmen 11/01/2011 Page 7 of 13

that it is hypocritical because of the various exemptions, they were trying to compromise. He does not feel that the Town can be compared to the private property owner; the Town maintains public property for public use. Mr. Fischer thanked Selectman Daly for trying to come up with a solution to make the Article work. Selectman Mermell stated that she agrees that leaf blowers are noisy and bring on carbon gases, but feels that there is some unfairness within the Article contents. She would rather support an attempt to see if we can roll back their use and ask support in finding a way to reduce the use of them. Selectman Benka added that the Advisory Committee recognizes that people do perceive problems with the noise, but there are legitimate reasons that people use the blowers year round. He strongly recommends that the Board of Selectman take ownership over the noise issue. It is a matter of education and enforcement. The noise Bylaw is not being enforced as it could or should be. DPW will include an educational piece on leaf blowers in its next newsletter pending Town Meeting’s outcome. The Police have also committed to do some outreach and perhaps issue tickets to those not in compliance. This Article did put a spotlight on this issue. Selectman Goldstein stated that he was tempted to vote favorably because of the air quality message in the Article, and noted that the Advisory Committee’s vote does not make any mention of the air quality issue. He would like to make a motion to include it in the language. Stanley Spiegel said that this is the business of the federal government so they shied away from including the language.

Selectman Daly withdrew her motion.

On motion it was,

VOTED: 5-0 favorable action on Article 9 as recommended by the Advisory Committee and amended by Selectmen Goldstein.

1st wherewas after “neighborhoods” and also to emissions and air quality impacts caused by leaf blowers and other similar equipment.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

No. Article

13. Resolution for Pedestrian Signal at Green/Harvard Streets (Spiegel)

Petitioner Stanley Spiegel stated that the Transportation Board has voted to send a letter to Town Meeting stating willingness to further study the issue. Selectman Daly stated that the Moderator dismissed her amended version due to it being out of scope and suggested that it be referred. Selectman Benka stated that he is happy to go along with the AC language rather than get into precisely what the Board felt that the Transportation Board is going to take up. He added that Selectman Daly wanted to make it clear that any study was not limited to the one traffic signal. He thought her In Board of Selectmen 11/01/2011 Page 8 of 13

language was appropriate, but it was rejected by the moderator. Chairman DeWitt stated that the Selectmen can direct the Transportation Board more specifically at a later date, although it sounds like the Transportation Board will be taking up a broader study, without any further direction from the Selectmen.

On motion it was,

Voted 5-0 favorable action on Article 13 as recommended by the Advisory Committee.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

No. Article

15. Resolution on Parks and Use by Day Care Centers (Sneider)

Selectman Daly stated that she had some major issues with the original form of the Article; however, the Advisory Committee addressed the concerns in a favorable way. Selectman Benka added that clearly this issue was festering out there; he is glad that it was brought forward and is now being addressed.

On motion it was,

Voted 5-0 favorable action on Article 15 as recommended by the Advisory Committee.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

MIINUTES

Question of approving the minutes of October 25, 2011.

On motion it was,

Voted to approve the minutes of October 25, 2011 as amended.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

SETTLEMENT OLMSTEAD HILL LDA

Question of authorizing Town Counsel to proceed with the settlement of the dispute regarding the language of the Olmsted Hill Project Land Disposition Agreement in accordance with the agreement reached at the recent mediation. In Board of Selectmen 11/01/2011 Page 9 of 13

Town Counsel Jennifer Gilbert stated that there was a land dispute that went into mediation. Both parties were successful in working out an agreement. She outlines some of the terms which includes that the $799k in land sales profits will be credited to the Town. The Town will increase the subsidy to guarantee the developer his 12.5% fee, plus two items that were removed subject to a written opinion from the Project Engineer, plus cost for soil removal fees; $15,000 will be credited to address some of the those costs. There is one lot left to be sold and valued at $950k; any amount received over that will go to the developer, and $683k will be released upon completion of the sale of the last lot. These are the basic parameters. Ms. Gilbert will be adding some language to address any outside issues.

Ms. Gilbert reported that the developer has been held in high regard by the neighbors and those involved in the project. Chairman Dewitt added that having reviewed the agreement, she feels this is a fair settlement, due to water issues this is a complicated site.

On motion it was,

Voted to authorize Town Counsel to proceed with the settlement of the dispute regarding the language of the Olmsted Hill Project Land Disposition Agreement in accordance with the agreement reached at the recent mediation. To include additional language addressing any outside issues in paragraph 8.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

2-4 BROOKLINE PLACE AUL

Question of executing documentation related to the 2-4 Brookline Place environmental remediation and Activity and Use Limitations.

Town Counsel Jennifer Gilbert stated that this is a request stemming from an oil release at 2 Brookline Place. This is a request to waive two weeks of the 30 day waiting period in order to close out the project. Once Children’s cleans out the site the AUL will be null and void. This permanent solution allows both parties to move forward. Ms. Gilbert added that the same waiver was applied for the 10 Brookline Place Project. Selectman Goldstein asked about the waiver. Ms. Gilbert replied that it is to waive the 30 day wait period allowed for the Town to comment.

On motion it was,

Voted to execute documentation related to the 2-4 Brookline Place environmental remediation and Activity and Use Limitations.

In Board of Selectmen 11/01/2011 Page 10 of 13

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

POLICE PERSONNEL TRANSFER

Question of authorizing a lateral transfer for P.O. Derek Wennerstrand to the Norwood Police Department.

On motion it was,

Voted to authorize a lateral transfer for P.O. Derek Wennerstrand to the Norwood Police Department.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

GRANT

Question of accepting a grant in the amount of $13,981.50 from the 2011 Edward Byrne Memorial Justice Assistance Grant Program. Said funds to be used for technology improvements within the Police Department.

Selectman Goldstein asked if the grant can be used for the mandated narrowbanding technology. The Chief replied that he is not sure and will look into it; that would be helpful if they were allowed to apply the grant to that.

On motion it was,

Voted to accept a grant in the amount of $13,981.50 from the 2011 Edward Byrne Memorial Justice Assistance Grant Program. Said funds to be used for technology improvements within the Police Department.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

GRANT

Question of accepting a grant in the amount of $2,500.00 from the Violence Against Women (VAWA) STOP Recovery Act Grant Program. Said funds to be used to document crime scenes, physical injuries of victims and any other items that may assist in the investigation of Domestic Violence crimes.

Chief O'Leary stated that this time they applied for the grant to be used for equipment. In Board of Selectmen 11/01/2011 Page 11 of 13

These funds will be used to upgrade the camera used at crime scenes, which will process the pictures faster.

On motion it was,

Voted to accept a grant in the amount of $2,500.00 from the Violence Against Women (VAWA) STOP Recovery Act Grant Program. Said funds to be used to document crime scenes, physical injuries of victims and any other items that may assist in the investigation of Domestic Violence crimes.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of executing Contract NO. PW/12-16 "Transportation Improvement Project Hammond Street at Fire Station #6" in the amount of $94,100.00 with Republic Intelligent Transportation Services, Inc. of Billerica. Said contract was awarded on October 4, 2011 and is funded as follows:

4904K087 6T0030 $43,030.34 4911K058 6H0026 $51,069.66

On motion it was,

Voted to execute Contract NO. PW/12-16 "Transportation Improvement Project Hammond Street at Fire Station #6" in the amount of $94,100.00 with Republic Intelligent Transportation Services, Inc. of Billerica. Said contract was awarded on October 4, 2011 and is funded as follows:

4904K087 6T0030 $43,030.34 4911K058 6H0026 $51,069.66

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of executing Contract No. PW/12-19 "Rental Rates for Snow Plowing and Ice Control" in the amount of $65,928.00 with D'Allessandro Corp. of Avon. Said contract was awarded on October 25, 2011 and funded from account 42004230 52370.

On motion it was, In Board of Selectmen 11/01/2011 Page 12 of 13

Voted to execute Contract No. PW/12-19 "Rental Rates for Snow Plowing and Ice Control" in the amount of $65,928.00 with D'Allessandro Corp. of Avon. Said contract was awarded on October 25, 2011 and funded from account 42004230 52370.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

AGREEMENT

Question of authorizing the Town Administrator to execute a Financial Assistance Agreement with the MWRA in connection with I/I Local Financial Assistance Program Project No.WRA- P7-2-746 (Infiltration/Inflow Investigation and Sewer System Rehabilitation Design).

On motion it was,

Voted to authorize the Town Administrator to execute a Financial Assistance Agreement with the MWRA in connection with I/I Local Financial Assistance Program Project No.WRA-P7-2-746 (Infiltration/Inflow Investigation and Sewer System Rehabilitation Design).

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

PERMIT TO SERVE ALCOHOLIC BEVERAGES (NO-SALE)

Question of granting a Permit to Serve Alcoholic Beverages (no-sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

November 3rd Reception 5pm-10pm

November 14th Reception 5pm-9pm

November 18th 40th Birthday Party 6pm-11pm

On motion it was,

Voted to grant a Permit to Serve Alcoholic Beverages (no-sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

In Board of Selectmen 11/01/2011 Page 13 of 13

November 3rd Reception 5pm-10pm

November 14th Reception 5pm-9pm

November 18th 40th Birthday Party 6pm-11pm

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

Question of granting a temporary All Kinds of Alcoholic beverages license to Larz Anderson Auto Museum in connection with a Fundraiser to be held on November 5, 2011 from 5:30 pm - 11pm at 15 Newton Street.

On motion it was,

Voted to grant a temporary All Kinds of Alcoholic beverages license to Larz Anderson Auto Museum in connection with a Fundraiser to be held on November 5, 2011 from 5:30 pm - 11pm at 15 Newton Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

MAPC LETTER OF INTEREST

Question of authorizing the Town Administrator to execute a letter of interest for MAPC's Local Energy Action Program.

On motion it was,

Voted to authorize the Town Administrator to execute a letter of interest for MAPC's Local Energy Action Program.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

There being no further business, the Chair adjourned the meeting at 9:30 pm.

ATTEST

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN

11/08/2011 6th FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy Daly, Selectman Jesse Mermell, Selectman Richard Benka, Selectman Kenneth Goldstein

LITIGATION

Town Counsel Jennifer Gilbert will appear to discuss strategy with respect to potential/threatened litigation.

COLLECTIVE BARGAINING

Labor Counsel Liz Valerio will appear to discuss strategy relative to collective bargaining negotiations.

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

In Board of Selectmen 11/08/2011 Page 2 of 13

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein Voting in the Negative: The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen 11/08/2011 Page 3 of 13

ANNOUNCEMENTS

The Board thanked Chief Green for his support as interim Fire Chief, and announced the upcoming retirement of Chief of Operations Michael O'Reilly, adding that he has been a steady presence in the Fire Department.

The annual Veterans Day event will be held on Friday November 11th at Town Hall.

The Board thanked Brian Cloonan, Director of the Brookline Housing Authority for his many years of excellent management of Brookline's largest affordable housing development. Mr. Cloonan has always presented a good partnership between the Housing Authority and the Town.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

MISCELLANEOUS

Approval of miscellaneous items pg.3 #s 15-23 licenses, vouchers, and contracts.

BOARDS AND COMMISSIONS - INTERVIEWS

The following candidates for appointment/reappointment to Boards and Commissions will appear for interview:

Human Relations/Youth Resources Laurie Dopkins

Laurie Dopkins is applying for re-appointment. She has been working on the youth awards to expand its diversity and has also been working on the Hidden Brookline Committee which has been successful. She has started a program to engage residents to have a dialog with other Town agencies, a recent one was with Chief O'Leary, in efforts to make the Police Department more transparent within the community. She would like to continue working on these issues. She also works as a liaison with Northeastern University; her background is in Public Administration and urban studies. She is looking for more ways to engage the School and the community.

In Board of Selectmen 11/08/2011 Page 4 of 13

Conservation Commission Matthew Garvey

Matthew Garvey is applying for re-appointment. He has been working on some conservation restrictions and on urban wildlife and habitat. He would like to focus on birds, in particular, the common nighthawk and the effects of roofing materials that have altered their habitat. Mr. Garvey is a bird enthusiast and would like to continue working on preserving the natural habitats of wildlife.

Park and Recreation Commission Randolph Meiklejohn

Randolph Meiklejohn is applying for the Parks and Recreation Commission. He is currently on the Conservation Commission and has followed the work of the Park and Recreation Commission closely, and has also been a participant at some of their meetings where the topics have overlapped. He has observed that their policies and procedures are well administered and finds the topics very interesting. Mr. Meiklejohn is interested in open space planning and familiar with its concept.

Solid Waste Advisory Committee John Dempsey

John Dempsey is applying for re-appointment. He has enjoyed working on the SWAC and participating in their outreach activities. He enjoys representing Brookline in events outside of the community. Mr. Dempsey is a strong advocate of a pay-as-you- throw program, and hopes that the community will educate themselves on this concept.

SOLID WASTE ADVISORY COMMITTEE

Members of the Solid Waste Advisory Committee appeared to update the Board on its work over the past year and its plans for 2011-2012.

SWAC member John Dempsey was pleased to announce that the Town has made the long standing goal of producing under 10,000 tons of trash. This has not been accomplished since World War II. This is due to weekly conscientious efforts to recycle as much as possible, which has been accomplished. He added that weekly columns in the local paper, outreach, and drop off locations for both household hazardous waste and textiles have been implemented throughout town, all contributing

In Board of Selectmen 11/08/2011 Page 5 of 13

to this success. Solid waste is down an average of 8% month by month, and recycling is up. The Town has seen a savings of $180k within the DPW trash collection budget. SWAC appreciates the support for the single stream recycling which has been a huge factor in the increase in recycling. SWAC plans for future projects include updating the website and continuing to demonstrate that there is value in composting, implementing a pay-as-you-throw program, and strive to achieve the ultimate goal of a zero waste community. The Committee would like the Town to pass a zero waste resolution to reduce the amount of trash that we are sending to the incinerator to zero by 2025. He urges the Town to educate themselves on a PAYT system and a zero waste goal. The Board was pleased to see a reduction is solid waste and an increase in recycling. They acknowledged the successful transition of the single stream recycling program and thanked SWAC and the Department of Public Works for this success.

RESERVE FUND TRANSFER

Question of approving and transmitting to the Advisory Committee the request of Public Works Commissioner Andrew Pappastergion for a Reserve Fund Transfer in the amount of $226,403 for costs associated with emergency response actions taken as a result of Hurricane/Tropical Storm Irene.

Commissioner Pappastergion stated that the tropical storm on August 28th required emergency response, tree removal, and debris cleanup. This work continues, and they have exhausted all their funds to pay for it. The contractual services, tree removals, overtime, and police details have reached $226,000, much of which is reimbursable by FEMA; however it is difficult to get an expected payment date from them. Commissioner Pappastergion added that certain protocol was taken due to the Asian Longhorn Beetle which includes chipping the tree limbs before they are hauled away. The Commissioner presented a breakdown of the cost to the Selectmen.

On motion it was,

Voted to approve and transmit to the Advisory Committee the request of Public Works Commissioner Andrew Pappastergion for a Reserve Fund Transfer in the amount of $226,403 for costs associated with emergency response actions taken as a result of Hurricane/Tropical Storm Irene.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

GREEN DOG PROGRAM

Director of Parks and Open Space Erin Chute Gallentine appeared to update the Board on the Green Dog Program.

In Board of Selectmen 11/08/2011 Page 6 of 13

Director of Parks and Open Space Erin Gallentine made a powerpoint presentation of the Green Dog Program.

The presentation showed that in 2010 the Town implemented an annual fee to support the Green Dog Program. There are 14 Green Dog Parks with varying hours and all have the same program rules and regulations. The fee structure was set at $50 per dog for residents, $100 per dog for non-residents and $100 for Brookline based Dog Walkers and $200 for non-Brookline based dog walkers. They are all an annual fee. They have hired a new Park Ranger and developed direct communication with participants to relay information about the program. The Town Clerk’s office has been participating as well being the licensing agent. They have been able to establish effective enforcement strategies, monitor, document and evaluate park conditions in order to evaluate and improve the program based on participant’s requests. The amounts of registered dog licenses have grown, and surrounding communities have implemented similar programs mirroring Brookline’s model. The survey revealed that 84.5 % of Green Dog participants have indicated that their use of the parks enjoyment has increased. The Parks and Recreation plans to continue the program with one revision which is extending the hours at Downes Field during the winter months.

Selectman Goldstein noted that he had a complaint about the Winthrop Park being pulled from the program. Ms. Gallentine replied that after the program started there was an area that was to be dedicated to smaller dogs, it became overrun and showed there was little compliance of picking up after the dogs. Also, there were numerous complaints from the neighbors. The Commission tried it, evaluated it, and felt that it was just not the right location. Selectman Goldstein asked if any fines have been implemented. Ms. Gallentine replied yes, there have been 31 citations, 15 which were actual fines. This year there has been better compliance overall than any other year. Selectman Daly expressed concern about small children and are they being redirected to other playgrounds. Ms. Gallentine replied that the program allowed a more structured dog use. The playgrounds were closely looked at to determine what off leash times would present the least conflict with other playground users. Chairman DeWitt is interested in a survey to be completed by everyone that uses the parks, not just the Green Dog participants to see if anyone feels displaced.

The Board is happy to see this program become successful, and hopes that it will continue to provide its benefits to the community.

WARRANT ARTICLES

Question of voting on the following Warrant Article for the November 15, 2011 Fall Town Meeting:

No. Title 2. Collective Bargaining Agreements (HR)

In Board of Selectmen 11/08/2011 Page 7 of 13

Town Administrator Mel Kleckner stated that there are no Collective Bargaining agreements at this time.

On Motion it was,

Voted, 5-0 No Action on Article 2

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

WARRANT ARTICLES

Question of amending the Board's vote on the following Warrant Article for the November 15, 2011 Fall Town Meeting:

No. Title 5. Neighborhood Conservation District (NCD) (Planning)

The Board reviewed some proposed amendments submitted for Article 5. Town Counsel Jennifer Gilbert reported to the Board the Advisory Committee’s recent votes on the Article. She added her recommendation with the respect to excluding schools. Town Counsel’s opinion is should this By-law pass without excluding schools, there is State law that has control of this issue that states the School Committee makes the decision on when there is overcrowding, when additions need to be done, and they are in charge of taking care of school grounds. But, she would not be defending that augment for the School Committee because she is charged with defending the By-Laws and the action of Town Meeting. If this came to a head with a school project where a school project were actually stopped, the school would have to argue that under a zoning change, which this is not, the argument is under the Dover Amendment; under a general By-Law it is under Ed reform. The Town would be adding another hoop to jump through which may or may not affect MSBA funding. So, the things to consider in her opinion are that school projects may be unable to be included because of reform legs. School Committee retains outside counsel how it affects the schedule for MSBA funding if you have an NCD that does not comply with MSBA standards. Town Meeting could exclude or change the guidelines for that particular project.

Selectman Benka is opposed to Frank Caro’s recommendation and ambivalent about three others submitted. He will support of Scott Gladstone’s recommendation, but feels that a review of the process could be done even without the amendment. We know we need schools and they already go through an extensive process; Town Meeting drives the funding of public projects, and Town Meeting will be weighing in on them anyway, this would not stop the projects. There are arguments both ways on both Stanley Spiegel’s and Town Counsel’s amendments, so he will support whatever the Board decides; either way is not unreasonable.

In Board of Selectmen 11/08/2011 Page 8 of 13

On motion it was,

Voted 5-0 Favorable Action on the following amendment to Article 5

1. Technical Correction. Add Section headings to beginning of the motion as follows: 5.10 NEIGHBORHOOD CONSERVATION DISTRICTS

5.10.1. TITLE AND PURPOSE Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

On motion it was,

Voted 4-1 Favorable Action on the following amendment to Article 5

By adding in Section 5.10.6 c. a paragraph 12. as follows:

Any public project(s), including but not limited to demolition, alteration, renovation, new construction and/or landscaping changes to Town or School properties.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, , Kenneth Goldstein

No Richard Benka

On motion it was,

Voted 5-0 Favorable Action on the following amendment to Article 5

Add Section 5.10.4(c) as follows

Section 5.10.4 (c): Within one year after the Commission has been formed for each NCD, the Commission shall issue a written report to Town Meeting to report on the appropriateness of the design guidelines governing the NCD in 5.10.3 and to make recommendations of any revisions to such guidelines that the Commission deems to be better suited to achieve the purpose of the NCD.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein On motion it was,

Voted 5-0 Favorable Action on Article 5 as amended.

FY2012 ACTION LIST

Review of the Board's FY2012 Action List.

Town Administrator Mel Kleckner presented an updated rough draft Action List that

In Board of Selectmen 11/08/2011 Page 9 of 13

eliminates those that are completed. The Board will take some time and look it over. Selectman Daly stated that she would be happy to look into any programs that the Town could offer in preventing and/or reducing on the job injuries. The Board added job related injuries to the Action List.

BOARDS AND COMMISSIONS - APPOINTMENTS

Question of making appointments to the following Boards and Commissions:

Advisory Council on Public Health Housing Advisory Board

Advisory Council on Public Health

On motion it was,

Voted to re-appoint Anthony Schlaff, MD to the Advisory Council on Public Health for a term ending August 31, 2014 or until a successor can be appointed.

Voted to re-appoint Patricia Maher to the Advisory Council on Public Health for a term ending August 31, 2014 or until a successor can be appointed.

Housing Advisory Board

On motion it was,

Voted to re-appoint Karen Kepler to the Housing Advisory Board for a term ending August 31, 2014 or until a successor can be appointed.

Voted to re-appoint Rufus Phillips to the Housing Advisory Board for a term ending August 31, 2014 or until a successor can be appointed.

Voted to re-appoint Rita McNally to the Housing Advisory Board for a term ending August 31, 2014 or until a successor can be appointed.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

MISCELLANEOUS

Question of approving the minutes of November 1, 2011.

In Board of Selectmen 11/08/2011 Page 10 of 13

Voted to approve the minutes of November 1, 2011 as amended.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

GRANT

Question of accepting a Sustainable Materials Recovery Program Municipal Grant in the amount of $7,500 from the Department of Environmental Protection to be used for a compactor for the collection and recycling of cardboard.

Environmental Health Supervisor Ed Gilbert stated that they put in for this grant because there has been a significant increase in recycling; but the increase in cardboard has been a challenge especially with the large pieces. This grant will allow cardboard to be disposed of at centralized locations that will house the compactors.

On motion it was,

Voted to accept a Sustainable Materials Recovery Program Municipal Grant in the amount of $7,500 from the Department of Environmental Protection to be used for a compactor for the collection and recycling of cardboard.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

GRANT

Question of accepting a grant for one electric vehicle charging station from Coulomb Technologies and ChargePoint America to serve a town-owned electric vehicle.

Assistant Town Administrator Melissa Goff stated that the Town became eligible for this grant because it is procuring an electric vehicle this fiscal year. This charging station will be housed in the Town Hall garage and used for Town–owned vehicles.

The Board was pleased that this will free up a spot in the municipal parking lot.

On motion it was,

Voted to accept a grant for one electric vehicle charging station from Coulomb Technologies and ChargePoint America to serve a town-owned electric vehicle.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 11/08/2011 Page 11 of 13

SEWER BOND

Question of executing a Sewer Bond in connection with the Financial Assistance Agreement approved and executed on November 1, 2011 in connection with Project No. WRA-P7-2-746 "Infiltration/Inflow Investigation and Sewer System Rehabilitation Design.” On motion it was,

Voted to execute a Sewer Bond in connection with the Financial Assistance Agreement approved and executed on November 1, 2011 in connection with Project No. WRA-P7- 2-746 "Infiltration/Inflow Investigation and Sewer System Rehabilitation Design”.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of awarding and executing Contract No. 12/14 "Repairing Guardrail along Newton Street" in the amount of $19,201.50 with Commonwealth Guardrail of Westfield. Said contract to be funded from account 4911K039 6T0038.

On motion it was,

Voted to award and execute Contract No. 12/14 "Repairing Guardrail along Newton Street" in the amount of $19,201.50 with Commonwealth Guardrail of Westfield. Said contract to be funded from account 4911K039 6T0038.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT AMENDMENT/ CHANGE ORDERS

Question of approving the following Contract Amendment and Change Orders in connection with the Runkle School Renovations and Additions Project:

Contract Amendment (#12) $ 6,200 Design Partnership of Cambridge Abatement Measures 2594C165 524003

Change Orders #17 & 18 G&R Construction (#17) $35,472.00 Various Plumbing & Structural Work 2594C165 6C0002

G&R Construction (#18) $44,050.00

In Board of Selectmen 11/08/2011 Page 12 of 13

Various work,insulation roof, etc. 2594C165 6C0002

Selectman Daly stated that this amendment is in connection to contaminated soil found at the grounds and the cleanup involved. The other is for unforeseen structural steel that was omitted from the original drawings, and the various work related to it. The Board made note of recent neighborhood concerns and reminded viewers that there will be a Runkle School meeting tomorrow morning in Town Hall to discuss them.

On motion it was,

Voted to approve the following Contract Amendment and Change Orders in connection with the Runkle School Renovations and Additions Project:

Contract Amendment (#12) $ 6,200 Design Partnership of Cambridge Abatement Measures 2594C165 524003

Change Orders #17 & 18 G&R Construction (#17) $35,472.00 Various Plumbing & Structural Work 2594C165 6C0002

G&R Construction (#18) $44,050.00 Various work, insulation roof, etc. 2594C165 6C0002

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

TEMPORARY WINE AND MALT BEVERAGES LICENSE

Question of granting a temporary Wine and Malt beverages license to Wheelock College in connection with the following events to be held at 43 Hawes Street:

November 9th Alumni Reception 6pm - 8pm

November 17th Reception

In Board of Selectmen 11/08/2011 Page 13 of 13

6pm-8pm

On motion it was,

Voted to grant a temporary Wine and Malt beverages license to Wheelock College in connection with the following events to be held at 43 Hawes Street:

November 9th Alumni Reception 6pm - 8pm

November 17th Reception 6pm-8pm

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

29 AVON STREET

Question of authorizing the Building Commissioner to proceed with a 5 year lease extension for the town-owned property located at 29 Avon Street with Brian and Constance Austin subject to review and approval by Town Counsel.

On motion it was,

Voted to authorize the Building Commissioner to proceed with a 5 year lease extension for the town-owned property located at 29 Avon Street with Brian and Constance Austin subject to review and approval by Town Counsel.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

There being no further business, the Chair adjourned the meeting at 9:35 p.m.

ATTEST

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN 11/15/2011 ROOM 209 BROOKLINE HIGH SCHOOL Present: Chairman Betsy DeWitt, Selectman Nancy Daly, Selectman Jesse Mermell, Selectman Richard Benka, Selectman Kenneth Goldstein

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body. In Board of Selectmen November 15, 2011 Page 2 of 7

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen November 15, 2011 Page 3 of 7

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community Interest.

First Light will be held on November 17th. The Veteran’s Day event was a success.

LIBRARY PERSONNEL

Question of authorizing the filling of a vacancy in the position of Librarian I (K-6) in the Library Department.

Director of Libraries Chuck Flaherty stated that this position is in the reference division. The former employee ran the poetry group. Selectman Goldstein noted that the Arts Commission is working on a Poet Laureate and hopes that they can work together. Selectman Benka asked about the eBooks technology. Mr. Flaherty replied that through the Minuteman Library network, eBooks are available, and have been very popular.

On motion it was unanimously,

VOTED: to authorize the filling of a vacancy in the position of Librarian I (K-6) in the Library Department.

WARRANT ARTICLES

Further review and possible amendment to the Board's vote on the following Warrant Articles for the November 15, 2011 Fall Town Meeting:

No. Title

5. Neighborhood Conservation District (NCD) (Planning)

Town Meeting Member #3 Gary Jones reviewed his proposed amendment to Article 5.

Explanation: According to the petitioner, the purpose of this amendment is to ensure all home owners within a proposed NCD are informed in a timely way at the beginning of an action of town meeting which would put significant restrictions on their homes. If adopted as written article five provides for In Board of Selectmen November 15, 2011 Page 4 of 7

no notification at all or opportunities for information to be presented to the homeowners. It’s not enough to say the article creating the NCD goes through the town meeting process and that’s process enough. We live in a town where many of our citizens think they live in a city and simply do not follow the local media and local issues. Unlike a Historic District which requires 80% of the homeowner’s approval for its creation there is no means to determine the number and per cent of homeowners that may or not want their homes included in an NCD therefore there is the danger a majority may not want to be included.

The Board felt that the timing is of importance right now and concerned about a current project that has already had much discussion. The Board felt that an amendment is not needed at this time, but would be willing to entertain it at a future Town Meeting. Chestnut Hill Realty has indicated that an amendment could cause a legal challenge on Article 6.

On motion it was,

4-1 moved to reconsider Selectman Benka against

On motion it was,

Voted 5-0 No Action on the amendment submitted by Mr. Jones.

No. Title

6. Hancock Village NCD (Planning)

The Board reviewed the memo from the Conservation Administrator Tom Brady stating that the Conservation Commission has reviewed the Article and supporting materials, and voted to offer no recommendation to Town Meeting with regard to Articles 5 &6. The Commission will continue to follow the process and outcome of these Articles.

No. Title

15. Resolution on Parks and Use by Day Care Centers (Sneider)

The Board reviewed an amendment submitted by Town Meeting Member # 8 Maya French. In Board of Selectmen November 15, 2011 Page 5 of 7

Explanation: The proposed amendment will create a mechanism for further study of the problem that was raised and create a mechanism for the Committee to report back to Town Meeting Members. I believe this would achieve one of the implied components of the original article: examining whether public parks are safe for very young children when they are de facto playgrounds for private pre-schools that don't have outdoor play space that has been approved according to State standards.

Selectman Daly stated that the health and Parks and Recreation Departments are the appropriate bodies for this, there is no need to create a committee.

On motion it was,

Voted 5-0 to reconsider Article 15.

TMM#8 Maya French stated that she would like to create a mechanism for Town Meeting Members to get updates on the progress. Selectman Daly feels that this could be counter-productive. Selectman Mermell added that her concerns are valid, but a process has been set up; should it fail it can be revisited. Selectman Daly would like an update on the process from the Parks and Recreation Department before the Fall 2012 Town Meeting. Director of Health and Human Services Alan Balsam added that a report will be presented by next summer.

On motion it was,

Voted 5-0 No Action on the amendment submitted by Maya French on Article 15.

NCD COMMITTEE CHARGE

Discussion of the Charge for the Hancock Village Neighborhood Conservation District Commission.

The Board briefly reviewed a draft charge for the proposed Commission. There were no comments about it at this time.

MINUTES

Question of approving the minutes of November 8, 2011.

On motion it was,

Voted to approve the minutes of November 8, 2011 as amended.

In Board of Selectmen November 15, 2011 Page 6 of 7

TRANSFER

Question of approving the following transfer within the CDBG-R Funds:

From: Administration $11,351.11 1720SG49510101

To: 1057 Beacon Street $11,351.11 1720SG49 6C0040

On motion it was,

Voted to approve the following transfer within the CDBG-R Funds:

From: Administration $11,351.11 1720SG49510101

To: 1057 Beacon Street $11,351.11 1720SG49 6C0040

CDBG AGREEMENT

Question of approving and authorizing the Chairman to execute the following FY2012 CDBG Sub-recipient Agreement:

Council on Aging Senior Center Renovation 1857G012 558060 $45,000.00

On motion it was,

Voted to approve and authorize the Chairman to execute the following FY2012 CDBG Sub-recipient Agreement:

Council on Aging Senior Center Renovation 1857G012 558060 $45,000.00

CDBG AMENDMENT

Question of approving a contract amendment to the CDBG-R - 1057 Beacon Street Contract.

Brookline Housing Authority 1057 Beacon Street In Board of Selectmen November 15, 2011 Page 7 of 7

1720SG49 6C0040 $63,729.11 ( Adjusted Budget)

On motion it was,

Voted to approve a contract amendment to the CDBG-R - 1057 Beacon Street Contract.

Brookline Housing Authority 1057 Beacon Street 1720SG49 6C0040 $63,729.11 ( Adjusted Budget)

TEMPORARY WINE AND MALT BEVERAGES LICENSE

Question of granting a temporary Wine and Malt beverages license to the Brookline Chamber of Commerce in connection with a Speaker Event to be held on November 16, 2011 from 5:30pm-8:30pm at the Puppet Showplace, 32 Station Street.

On motion it was

Voted to grant a temporary Wine and Malt beverages license to the Brookline Chamber of Commerce in connection with a Speaker Event to be held on November 16, 2011 from 5:30pm-8:30pm at the Puppet Showplace, 32 Station Street.

ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

Question of granting a temporary All Kinds of Alcoholic beverages license to the Larz Anderson Auto Museum in connection with a Brookline Youth Hockey Fundraiser to be held on November 19, 2011 from 5:30pm - 11:00pm at 15 Newton Street.

On motion it was,

Voted to grant a temporary All Kinds of Alcoholic beverages license to the Larz Anderson Auto Museum in connection with a Brookline Youth Hockey Fundraiser to be held on November 19, 2011 from 5:30pm - 11:00pm at 15 Newton Street.

There being no further business the Chair recessed at 6:30. MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN 11/16/2011 BROOKLINE HIGH SCHOOL Present: Chairman Betsy DeWitt, Selectman Nancy Daly, Selectman Jesse Mermell, Selectman Richard Benka, Selectman Kenneth Goldstein

There being no further business, the Board closed the meeting of November 15, 2011.

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN

11/22/2011 th 6 FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy Daly, Selectman Jesse Mermell, Selectman Richard Benka, Selectman Kenneth Goldstein.

The Minutes of November 15, 2011 were approved as amended.

EXECUTIVE SESSION

In Open Session- the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

In Board of Selectmen 11/22/2011 Page 2 of 13

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein

Voting in the Negative:

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen 11/22/2011 Page 3 of 13

PURCHASE/SALE OF REAL PROPERTY

Pursuant to G.L.c. 30A, Section 21 (6) Associate Town Counsel John Buchheit will appear to discuss the purchase and/or value of real property.

COLLECTIVE BARGAINING

Town Administrator Melvin Kleckner and Human Resources Director Sandra DeBow will appear to update the Board on Collective Bargaining negotiations.

ANNOUNCEMENTS

The Brookline High School 21 Century Fund’s event was a success. This year former High School Headmaster Robert Weintraub was honored.

BATV will hold a 24 hour movie marathon on December 2 called The Cameras for Kids Watch-A-Thon, this will be a fundraiser for visual arts and media materials for the High School.

The annual Brookline/Newton Rotary breakfast was today to gather before the Brookline /Newton Thanksgiving game.

Brookline HUB is hosting a food drive across town for the food pantry.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

MISCELLANEOUS

Approval of miscellaneous items pgs. licenses, vouchers, and contracts.

FIRE PERSONNEL

Question of authorizing the filling of a vacancy in the position of Chief of Operations in the Fire Department.

Chief Ford stated that this position is currently vacant due to a recent retirement. It is an important position and he has begun interviewing several employees in the Department. The Board expressed their thanks to the former Chief of Operations

In Board of Selectmen 11/22/2011 Page 4 of 13

Michael O'Reilly. The Chief is confident that the transition will be done quickly and efficiently.

On motion it was,

Voted to authorize the filling of a vacancy in the position of Chief of Operations in the Fire Department.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

The Board took a recess at 7:30, returning at 8:00

WINE & MALT PACKAGE STORE - ALTERNATE MANAGER

Question of approving the application of FCLP Corporation d/b/a TJ Convenience Store, Luis Perez, Manager, holder of a Wine and Malt Package Store license at 182A Thorndike Street for the appointment of Yomiris Rodriguez as an Alternate Manager.

Alternate Manager applicant Yomiris Rodriquez reviewed her responsibilities and qualifications. Selectman Goldstein noted that the Police Department holds stings periodically and asked what their plans are to comply. Ms. Rodriquez replied that they plan to ask identification of everyone who purchases alcohol.

On motion it was,

Voted to approve the application of FCLP Corporation d/b/a TJ Convenience Store, Luis Perez, Manager, holder of a Wine and Malt Package Store license at 182A Thorndike Street for the appointment of Yomiris Rodriguez as an Alternate Manager.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

ALL KINDS COMMON VICTUALLER - MANAGERS

Question of approving the application of Lin Holdings, Inc. d/b/a Chef Chow Restaurant, Diane Yan, President, holder of an All Kinds of Alcoholic Beverages License as a Common Victualler at 230 Harvard Street for a change of manager and appointment of an Alternate Manager as follows:

Change in Manager: From: Chang Hai Lin To: Diane Yan Alternate Manager: Jin Lin

In Board of Selectmen 11/22/2011 Page 5 of 13

Applicant Diane Yan stated that although she has another job, she is on the premises weekends and evenings. She estimates that she is there about 40 hours a week, and has been running the restaurant for the last four years. There is an Alternate Manager proposed. Ms. Yan reviewed the requirements needed as Manager. Proposed Alternate Manager Jin Lin had some difficulties relaying the responsibilities that would be required of him. The Board is not comfortable appointing Mr. Lin as an Alternate Manager at this time, and therefore did not approve that application.

On motion it was,

Voted to approve the application of Lin Holdings, Inc. d/b/a Chef Chow Restaurant, Diane Yan, President, holder of an All Kinds of Alcoholic Beverages License as a Common Victualler at 230 Harvard Street for a change of manager as follows:

Change in Manager: From: Chang Hai Lin To: Diane Yan

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

OPEN AIR PARKING LICENSE

Public Hearing on the application of J&W Summit Ave., LLC, William D. Adams, Manager for a license to conduct and maintain an Open Air Parking lot with an area of about 5,750 sq. ft. at 0-9 Summit Avenue for 16 automobiles.

Applicant William Adams was present. The Board reviewed the Building Commissioner's report and the conditions with him.

Andrew Shannon, 14 Winchester Street stated that according to a lot plan he obtained there is no parking lot indicated. Mr. Adams replied that this is on the corner, across the street from where Mr. Shannon was reviewing. There is currently a lot there. Mr. Andrews reviewed their plans and was in agreement.

On motion it was,

Voted to approve the application of J&W Summit Ave., LLC, William D. Adams, Manager for a license to conduct and maintain an Open Air Parking lot with an area of about 5,750 sq. ft. at 0-9 Summit Avenue for 16 automobiles.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 11/22/2011 Page 6 of 13

TRANSFER OF ALL KINDS OF LIQUOR /COMMON VICTUALLER LICENSE

Public Hearing on the application of Roadhouse, Inc., d/b/a American Craft, David Ciccolo, President, holder of an All Kinds of Alcoholic Beverages license as a Common Victualler at 1700 Beacon Street for a transfer of said license to Barcelona Brookline, LLC, Scott Lawton, Manager.

Selectman Goldstein recused himself having done legal work for the current licensee.

Attorney Martin Pomeroy representing Barcelona Brookline LLC, outlined for the Board the organization structure and financial holdings of the applicant. He provided a brief history of the company and reviewed the qualifications of the Managers. Scott Lawson and Herman Allenson both gave a brief resume to the Board. There was discussion about the Managers being transferred here to perform the duties until a suitable local replacement can be hired. The Board wanted to make sure that there is a contact person acting as a liaison between the Town and the establishment. Mr. Lawton stated that he plans to take the Manager’s position until he can successfully find a suitable permanent Manager. He acknowledged that he is aware it could be over a year. Mr. Carl Pforzheimer, a managing member of the company replied that they are working on it; right now they put forward their best Managers to run the place until the position is locally filled. The restaurant does not plan to open for at least eight months. He then presented the plans to the Board.

Selectman Benka noted that the notice did not include an entertainment license, and the Alternate Manager’s position. That can be addressed at a later meeting.

On motion it was,

Voted to approve the application of Roadhouse, Inc., d/b/a American Craft, David Ciccolo, President, holder of an All Kinds of Alcoholic Beverages license as a Common Victualler at 1700 Beacon Street for a transfer of said license to Barcelona Brookline, LLC, Scott Lawton, Manager.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka Absent: Kenneth Goldstein

ALL KINDS COMMON VICTUALLER LIQUOR HEARING

Hearing on whether or not the All Kinds of Alcoholic Beverages license held by Cafe' Japonaise, Inc., d/b/a Kapow, at 1032 Commonwealth Avenue should be modified, suspended, revoked, cancelled or not renewed for the 2012 annual licensing period and/or set any conditions precedent to any modification, reinstatement or renewal of any such license.

In Board of Selectmen 11/22/2011 Page 7 of 13

Mr. Hiroko Sakan applicant was present. Ms. Takeo Sakan was present; Associate Town Counsel representing the Town was present.

November 8, 2011 Notice of Violation and Hearing

Chairman DeWitt: This is a public hearing pursuant to Massachusetts General Laws, Chapter 138, Section 64, to determine whether the Board of Selectmen, as the Licensing Authority for the Town of Brookline, should modify, suspend, revoke, cancel, decline to renew, or set conditions precedent to the renewal of the All Kinds liquor license issued to Café Japonaise, Inc. d/b/a Kapow, based on a charge that it has maintained an inactive liquor license in violation of Section A.11 of the Town of Brookline’s Sale of Alcoholic Beverages Regulations.

The Notice of this hearing dated November 8, 2011 was delivered by hand to Café Japonaise and sets out the charge. That notice together with the return of service is marked as Exhibit 1 and is incorporated by reference into the minutes of this hearing. This hearing is being recorded by the Recording Secretary.

First, who is to present the case in support of the charge? Ms. Correa responded she is.

And who is here to represent Café Japonaise? Mr. Hiroko Sakan identified himself.

Are you satisfied with the notice of hearing? Mr. Hiroko Sakan replied yes.

Are there any other exhibits to be marked at this time? Ms. Correa presented exhibit 1, the Hearing notice.

We will take evidence and hear from the parties in two phases, the first being whether or not there was a violation, and the second being the appropriate action by the Board.

Associate Town Counsel Patty Correa stated that this hearing involves a liquor license that has been inactive for a few years. The Manger of record Takeo Sakan has asked that the Manager be transferred to her son Takeo Sakan. At that time the Chief of Police had some reservations on this, and after inquires it was noted that the liquor license has not been activated for some time.

Mr. Sakan replied that the cafe was not re-opened the first time he applied for the liquor license. He was working between two establishments, the bakery and the Cafe, resulting in the Cafe’s delay in getting fully up and running. He acknowledged that that is why the liquor license was not activated. Now that the Cafe is up and running, he plans to activate the license. Mr. Sakan added that the Cafe will not have a bar area; there are no plans to be a full service restaurant just a Cafe with table service for alcohol. He added that he is tip certified, and reviewed their alcohol policies.

In Board of Selectmen 11/22/2011 Page 8 of 13

Selectman Goldstein noted that he has heard some complaints from neighbors on loud noise from the previous establishment. Mr. Sakan said that he is not aware of the full details, and does not anticipate any problems.

Chairman DeWitt: We will now decide whether or not the licensee is responsible for the violation with which it is charged, and then we will turn to the question of what if any action the Board should take in the event it finds a violation.

I make a motion for a finding that the licensee is responsible for the violation described in the Hearing Notice dated November 8, 2011, and marked as Exhibit 1.

On motion it was,

Voted: A finding of responsible with regard to the charge of maintaining an inactive license in violation of Section A.11 of the Town of Brookline’s Sale of Alcoholic Beverages Regulations.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

Ms. Correa made the recommendation of a no action by the Board against the license on the condition that Café Japonaise activates its license by a specified date to be set by the Board and sets a condition on the renewed 2012 license that it do so (assuming that the deadline is in 2012), and have in place a Board-approved new manager before its activation; further that the condition be stated on Café Japonaise’s renewed license for the 2012 annual licensing period.

Chairman DeWitt: Would the Licensee like to present to the Board on the question of the appropriate action by the Board or otherwise respond to Ms. Correa’s recommendation? Mr. Sakan replied no.

On motion it was,

Voted that no action shall be taken against the liquor license of Café Japonaise for violation of Section A.11 of the Town’s Sale of Alcoholic Beverages Regulations on the condition that the license is made active by May 22, 2012 and have in place a Board-approved new manager prior to its activation. This condition shall be placed on Café Japonaise’s renewed license for the 2012 annual licensing period.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 11/22/2011 Page 9 of 13

ALL KINDS COMMON VICTUALLER - CHANGE IN MANAGER

Continued hearing on the application of Cafe Japonaise, Inc., Hiroko Sakan, President holder of an All Kinds of Alcoholic Beverages License as a Common Victualler at 1032 Commonwealth Avenue for a change in manager as follows:

From: Hiroko Sakan To: Takeo Sakan

Applicant Hiroko Sakan was present. All papers are in order.

Voted to approve the application of Cafe Japonaise, Inc., Hiroko Sakan, President holder of an All Kinds of Alcoholic Beverages License as a Common Victualler at 1032 Commonwealth Avenue for a change in manager as follows:

From: Hiroko Sakan To: Takeo Sakan

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

ALL KINDS COMMON VICTUALLER - LIQUOR HEARING

Hearing on whether or not the All Kinds of Alcoholic Beverages license held by Chipotle Mexican Grill of Colorado, LLC., d/b/a Chipotle Mexican Grill at 876 Commonwealth Avenue should be modified, suspended, revoked, cancelled, or not renewed for the 2012 annual licensing period, and/or set any conditions precedent to any modification, reinstatement or renewal of any such license.

The license holder informed the Board that it was surrendering its license.

BOARDS AND COMMISSIONS - APPOINTMENTS

Question of making appointments to the following Boards and Commissions:

Arts Commission

On motion it was,

Voted to appoint Stuart Steck to the Arts Commission for a term ending August 31, 2014 or until a successor can be appointed.

In Board of Selectmen 11/22/2011 Page 10 of 13

BOARDS AND COMMISSIONS - APPOINTMENTS

Conservation Commission

On motion it was,

Voted to re-appoint Matthew Garvey to the Conservation Commission for a term ending August 31, 2014 or until a successor can be appointed.

Voted to re-appoint Werner Lohe to the Conservation Commission for a term ending August 31, 2014 or until a successor can be appointed.

Voted to re-appoint Marian Lazar as Associate member to the Conservation Commission for a term ending August 31, 2014 or until a successor can be appointed.

Solid Waste Advisory Committee

On motion it was,

Voted to re-appoint John Dempsey to the Solid Waste Advisory Committee for a term ending August 31, 2014 or until a successor can be appointed.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

MISCELLANEOUS

DRAINAGE IMPROVEMENTS CHECK

Question of accepting a check in the amount of $7,000 from the Codman Road abutters for Drainage Improvements in Codman Road.

On motion it was,

Voted to accept a check in the amount of $7,000 from the Codman Road abutters for Drainage Improvements in Codman Road.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 11/22/2011 Page 11 of 13

EXTRA WORK ORDER

Question of approving Extra Work Order No. 2 in the amount of $209,609.00 for work to be completed by Lewis Tree Service, Inc. in connection with Contract No. PW/11-03 "Upkeep of Trees and Related Work”. Said work order to be funded from the following services accounts:

46004680 523599 $159,609.00 Forestry Landscape 46004650 523599 $ 10,000.00 Park Landscape 46004690 523599 $ 10,000.00 Cemetery Landscape 4912K051 6C0011 $ 30,000.00 Tree Removal

Tree Warden Tom Brady stated that this is related to the reserve fund transfer recently authorized by the Board. It will be used to continue the clean-up of excess tree debris.

On motion it was,

Voted to approve Extra Work Order No. 2 in the amount of $209,609.00 for work to be completed by Lewis Tree Service, Inc. in connection with Contract No. PW/11-03 "Upkeep of Trees and Related Work”. Said work order to be funded from the following services accounts:

46004680 523599 $159,609.00 Forestry Landscape 46004650 523599 $10,000.00 Park Landscape 46004690 523599 $10,000.00 Cemetery Landscape 4912K051 6C0011 $ 30,000.00 Tree Removal

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of awarding and executing the contract for the RFP for Fisher Hill Gatehouse Conditions Assessment Report for the Preservation/Planning Department in the amount of $20,000 to CBI Consulting, Inc. Said contract to be funded from a Massachusetts Historical Commission grant.

On motion it was,

In Board of Selectmen 11/22/2011 Page 12 of 13

Voted to award and execute the contract for the RFP for Fisher Hill Gatehouse Conditions Assessment Report for the Preservation/Planning Department in the amount of $20,000 to CBI Consulting, Inc. Said contract to be funded from a Massachusetts Historical Commission grant.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

TEMPORARY ALL KINDS OF ALCOHOLIC BEVERAGES LICENSE

Question of granting a temporary All Kinds of Alcoholic Beverages license to the VFW Post Brookline, Christopher Carroll, Manager in connection with a 75th Birthday Party to be held by Jean and Mildred Gaston on November 26, 2011 from 8pm-12M at 386 Washington Street.

Voted to grant a temporary All Kinds of Alcoholic Beverages license to the VFW Post Brookline, Christopher Carroll, Manager in connection with a 75th Birthday Party to be held by Jean and Mildred Gaston on November 26, 2011 from 8pm-12M at 386 Washington Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

PERMIT TO SERVE ALCOHOLIC BEVERAGES (NO-SALES)

Question of approving the following applications of the Larz Anderson Auto Museum for a Permit to serve alcoholic beverages (no-sales) at 15 Newton Street in connection with the following events:

Holiday Party December 2nd 7pm-11pm

Holiday Party December 3rd 6:30pm-11pm

Dinner Reception December 15th 5:30pm-10pm

Holiday Party December 20th 5:30pm-11pm

On motion it was,

In Board of Selectmen 11/22/2011 Page 13 of 13

Voted to approve the following applications of the Larz Anderson Auto Museum for a Permit to serve alcoholic beverages (no-sales) at 15 Newton Street in connection with the following events:

Holiday Party December 2nd 7pm-11pm

Holiday Party December 3rd 6:30pm-11pm

Dinner Reception December 15th 5:30pm-10pm

Holiday Party December 20th 5:30pm-11pm

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

There being no further business the Chair adjourned the meeting at 9:30 p.m.

ATTEST

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN

11/29/2011 th 6 FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy Daly, Selectman Jesse Mermell, Selectman Richard Benka, Selectman Kenneth Goldstein

The Minutes of November 22, 2011 were approved as amended.

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community Interest.

Selectman Goldstein updated the Board on the Brookline/Newton Thanksgiving game.

The Senior Center will hold a celebration to honor Jean Stringham for her many years of service on December 1st.

There will be a Coffee Hour for retiring Chief of Operations Michael O'Reilly on December 9th.

Nine Brookline Firefighters are to be honored by the Mass Department of Fire Services, at the Hanover Theatre, November 30th, in Worchester Mass.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

Representatives from the PEC Chet Reilly and Jessica Wender-Shubow spoke about recent negotiations with the Town that they feel have come to a standstill regarding the HRA (Health Reimbursement Account). They believe this account effects the most vulnerable members facing a crisis, and mounting out of pocket medical expenses. Their concern is that the Town would like to reduce the dollar amount in the account that they indicate was a transitional program designed to ease employees into adjusting to the shift of the burden of higher medical costs. The PEC feels that this was never put

In Board of Selectmen 11/29/2011 Page 2 of 9

in writing and was not what the PEC agreed on when entering into the GIC.

Chairman DeWitt stated that the Selectmen have authorized the Town Administrator and the Director of Human Resources to negotiate on their behalf, and therefore, the Board will not comment on this issue. .

MISCELLANEOUS

Approval of miscellaneous items pg. 3, #s 13-20 licenses, vouchers, and contracts.

FIRE DEPARTMENT - PERSONNEL

Question of approving the following promotions within the Fire Department:

Deputy Chief Robert Ward to Deputy Chief of Operations Captain Michael Sullivan to Deputy Chief Lieutenant Kyle McEachern to Fire Captain Temp Lieutenant Todd Cantor to Perm. Fire Lieutenant

Chief Ford stated that this is a good time to be the Fire Chief in rewarding those who work hard and take leadership within the Department. He interviewed several candidates and feels that Deputy Chief Ward has the qualifications for the Deputy Chief of operations position. Chief Ford presented a brief history of his recommendations.

Deputy Chief Robert Ward was appointed to the Brookline Fire Department in 1982. He was promoted to Lieutenant in 1992, Captain in 2000 and Deputy Chief in 2003. Deputy Chief Ward is a certified EMT and has worked in several Divisions within the Fire Department.

Captain Michael Sullivan was appointed to the Brookline Fire Department in 1983. He was promoted to Lieutenant in 2000 and Captain in 2007. He has served as a Temporary Deputy Fire Chief earlier this year. Captain Sullivan holds an associate’s degree in Fire Science and is a certified EMT.

Lieutenant Kyle McEachern was appointed to the Brookline Fire Department in 2004. He was promoted to Lieutenant in 2008. He is a certified EMT, and will be honored tomorrow at the Massachusetts Firefighter of the Year award ceremony in Worcester Massachusetts.

Lieutenant Todd Cantor was appointed to the Brookline Fire Department in 2004. He has been serving as a Temporary Lieutenant since 2010, and is a Certified EMT. Lt. Cantor is currently number one on the Human Resources promotional list for Fire

In Board of Selectmen 11/29/2011 Page 3 of 9

Lieutenant.

The Board expressed their congratulations and gratitude to both the Firefighters and their families. The Board wished them a long and healthy career, and relayed that they are the leadership of the Department, and an important part of the community keeping us all safe. The Board thanked Chief Ford for his prompt recommendations, and is proud of the candidates and of the Public Safety Division in the Town of Brookline.

On Motion it was,

Voted to approve the following promotions within the Fire Department.

Deputy Chief Robert Ward to Deputy Chief of Operations effective December 12, 2011, at Grade 7, Step 8.

Captain Michael Sullivan to Deputy Chief, effective December 12, 2011.

Lieutenant Kyle McEachern to Fire Captain, effective December 12, 2011

Temp Lieutenant Todd Cantor to Perm. Fire Lieutenant, effective December 12, 2011

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

POLICE DEPARTMENT-PERSONNEL

Question of authorizing the filling of a vacancy in the position of School Traffic Supervisor/Parking Control Officer (ST01) within the Police Department.

Chief O'Leary stated that this vacancy stems from a retirement. This is a critical position that also works as a crossing guard at the Lawrence School. The new candidate has been working part-time and will be moved to a full-time status.

On motion it was,

Voted to authorize the filling of a vacancy in the position of School Traffic Supervisor/Parking Control Officer (ST01) within the Police Department.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

PUBLIC WORKS - PERSONNEL

Question of authorizing the filling of the following seven (7) vacancies within the

In Board of Selectmen 11/29/2011 Page 4 of 9

Public Works Department:

(1) Pipelayer Laborer (LN-2) (2) Gardener Laborer (LN2) (3) Park Maintenance Craftspersons (LN-3) (1) Motor Equipment Operation #2 (LN-3)

Department of Public Works Commissioner Andrew Pappastergion reviewed the vacant positions. These positions are entry level or close to entry level and some are available due to promotions. Mr. Pappastergion hopes to have these positions filled by the winter season.

On motion it was,

Voted to authorize the filling of the following seven (7) vacancies within the Public Works Department:

(1) Pipelayer Laborer (LN-2) (2) Gardener Laborer (LN2) (3) Park Maintenance Craftspersons (LN-3) (1) Motor Equipment Operation #2 (LN-3) Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

WATER AND SEWER RATE UPDATE

Department of Public Works Commissioner Andrew Pappastergion appeared to update the Board on the Water/Sewer Rates.

DPW Commissioner Pappastergion updated the Board on the new water and sewer rate structure. The staff has been able to calculate the difference for residents that call, and in most cases, the new rates are actually lower than previous years invoices.

The goal in setting the new rate structure was to recover some of the revenues independent over the sale of water. There is a cost to maintaining the infrastructure that has not been captured in past years. The average user realized an annual decrease of $20.00. The minority of users, those buildings with a large number of units showed an annual increase that ranged from $120.00 to $215.00 per unit. They will take a look at an exemption program in the near future, and will determine what the qualifications would be. (Powerpoint presentation available).

TAX CLASSIFICATION HEARING

Public Hearing in accordance with G.L.c. 40,S.56 on the question of the adoption of

In Board of Selectmen 11/29/2011 Page 5 of 9

the percentages of the local tax levy to be borne by each class of real property and personal property for the 2012 Fiscal Year.

Chief Assessor Gary McCabe introduced the members of the Board of Assessors, and presented a PowerPoint of the FY12 tax classifications.

Mr. McCabe stated that overall there has been a shift of .21% from residential to commercial property values. Most of this is a result of recent changes in valuation of utilities personal property. The utilities will see a large increase in taxes due to a re- evaluation of utility personal property accounts based on the SJC Boston Gas decision, and Mr. McCabe anticipates an appeal filed on this by the utility companies. Single family homes went up a little bit in value resulting in a tax shift from condominiums to single family homes. Condominium properties will see a slight decrease in taxes in FY12. Three family units also saw an increase in value this year. Selectman Benka asked if an assessment to sale ratios in multifamily property is available for review. Mr. McCabe replied that he will get that to him, although he is not sure about mixing the data of multiple years; it may not provide adequate information. Selectman Benka noted that in FY12 it will be difficult to spread tax increases equally based on the discrepancy in changes in single family values, and condominium values. Mr. McCabe added that the single family home value increased about 3.3%. Factors changed based on different market trends this year; not every single family will see that increase. Selectman Daly asked for a revised chart on the percentage of tax change in median values which would include the effect of the residential exemption. This year was also a re-evaluation year which contributed to the changes.

Mr. Harry Robinson from the Brookline Chamber of Commerce and representing the Coolidge Corner Merchant Association asked the Board to consider keeping the present commercial tax rate at 1.73. Chairman DeWitt replied that it would likely not be 1.73 exactly. It may be 1.7312. An exact calculation of 1.73 would not work out this year in keeping with the required regulations.

The Board thanked Mr. McCabe for the presentation and will review the workbook. (PowerPoint presentation is available on the Town’s website).

BROOKONLINE UPDATE

Chief Information Officer Kevin Stokes appeared to update the Board on Brookonline.

Chief Information Officer Kevin Stokes updated the Board on technology enhancements. One of the big changes is online services that include online payments, and user friendly navigation. They will continue to grow the Town's website. Brookonline is launching and is a real-time collaboration between citizens and Town services. There are three primary entities that include; information, notification and payments categories. The information enhancements will allow residents to narrow in

In Board of Selectmen 11/29/2011 Page 6 of 9

on meetings and information to specifically identify what it is they are looking for. Notification will allow citizens to report any problems to Public Works, Public Safety or miscellaneous. Residents can provide a picture, description, and location along with the notification. The resident will be able to monitor their request. Some mobile applications are available and they are evaluating this market based on the cost to produce them. The technology is now connected to social media allowing a streamline in communication. It has also allowed individuals to control which notifications they want to receive. The payment section allows paperless payments that include both purchases like vital records and payments like taxes. Of note is the fee for credit card processing for property taxes. Mr. Stokes will continue to update the Board on the progress of Brookonline.

GRANT

Question of authorizing the Town Administrator to execute a contract with the Department of Energy Resources for Green Community Grant funding.

Assistant Town Administrator Melissa Goff stated that this grant is for various energy conservation projects on public buildings. Some projects include LED Street Light conversion, evaluation of a solar PV system for the Singletree Reservoir, and an employee awareness program.

On motion it was,

Voted to authorize the Town Administrator or the Deputy Town Administrator to execute a contract with the Department of Energy Resources for Green Community Grant funding.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

GRANT

Question of accepting a Grant in the amount of $35,000 from the Violence Against Women Act (VAWA) Grant Program to be used to fund, in part, the salary of the Domestic Violence Advocate.

Chief O'Leary stated that this grant allows the Department to help fund the salary of the Domestic Violence Advocate Doreen Gallagher. This position is funded by this grant, the School Department, and the Health Department. Ms. Gallagher has provided invaluable assistance to the Police Officers as well as victims of crimes. The Board agreed.

On motion it was,

In Board of Selectmen 11/29/2011 Page 7 of 9

Voted to accept a Grant in the amount of $35,000 from the Violence Against Women Act (VAWA) Grant Program to be used to fund, in part, the salary of the Domestic Violence Advocate.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

DPW EQUIPMENT LEASES

Question of executing and approving authorization for the lease purchases of $543,792 worth of equipment for use by the DPW Highway and Sanitation Division with SunTrust for 3 years at an annual cost of $185,278.59 as follows:

2011 Volvo L120 Wheel Loader $ 197,500 42004220 5A0018 - Roadway

2011 Volvo VHD Cab and Chassis with Hookloader $ 250,959 42004320 5A0018 - Cleaning

2011 Chevrolet 3500 Silverado Dump Truck $ 47,610 46004650 5A0018 - Public Grounds

2011 Stellar Hookloader $ 47,723 42004320 5A0018 - Cleaning

Chief Procurement Officer Dave Geanakakis stated that this is the yearly lease for DPW equipment. Selectman Benka asked why it is cost effective to lease rather than buy the equipment. DPW Commissioner Pappastergion replied that they have a capital budget with a rigid schedule on all of their equipment. It is impossible to replace everything that is needed for the budgeted $750,000 a year. The lease allows the Department to stay on track with their equipment schedule.

On motion it was,

Voted to execute and approve authorization for the lease purchases of $543,792 worth of equipment for use by the DPW Highway and Sanitation Division with SunTrust for 3 years at an annual cost of $185,278.59 as follows:

2011 Volvo L120 Wheel Loader $ 197,500 42004220 5A0018 - Roadway

2011 Volvo VHD Cab and Chassis with Hookloader $ 250,959

In Board of Selectmen 11/29/2011 Page 8 of 9

42004320 5A0018 - Cleaning

2011 Chevrolet 3500 Silverado Dump Truck $ 47,610 46004650 5A0018 - Public Grounds

2011 Stellar Hookloader $ 47,723 42004320 5A0018 - Cleaning

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

PERMIT TO SERVE ALL KINDS OF ALCOHOLIC BEVERAGES (non-sales)

Question of granting a Permit to Serve All Kinds of Alcoholic Beverages (non-sales) to the Board of Library Trustees in connection with a Holiday Party to be held on December 2, 2011 from 5pm-8pm at the Main Library, 361 Washington Street.

On motion it was,

Voted to grant a Permit to Serve All Kinds of Alcoholic Beverages (non-sales) to the Board of Library Trustees in connection with a Holiday Party to be held on December 2, 2011 from 5pm-8pm at the Main Library, 361 Washington Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

PERMIT FOR THE SALE OF ALL KINDS OF ALCOHOLIC BEVERAGES (non-sale)

Question of granting a Permit for the Sale of All Kinds of Alcoholic Beverages (non-sale) to Larz Anderson Auto Museum in connection with a Holiday Party to be held on December 7, 2011 from 6:00pm - 10:30pm at 15 Newton Street.

On motion it was,

Voted to grant a Permit for the Sale of All Kinds of Alcoholic Beverages (non-sale) to Larz Anderson Auto Museum in connection with a Holiday Party to be held on December 7, 2011 from 6:00pm - 10:30pm at 15 Newton Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 11/29/2011 Page 9 of 9

TEMPORARY WINE AND MALT BEVERAGES LICENSE

Question of granting a temporary Wine and Malt beverages license to Brookline Access Television in connection with a Networking Event to be held on December 8, 2011 from 5pm- 8pm at 46 Tappan Street (Lobby).

On motion it was,

Voted to grant a temporary Wine and Malt beverages license to Brookline Access Television in connection with a Networking Event to be held on December 8, 2011 from 5pm-8pm at 46 Tappan Street (Lobby)

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

There being no further business the Chair adjourned the meeting at 9:45 pm.

ATTEST

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN

12/06/2011 th 6 FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy Daly, Selectman Jesse Mermell, Selectman Richard Benka, Selectman Kenneth Goldstein

The Minutes of November 29, 2011 were approved as amended.

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community Interest.

Thursday at 6pm there will be a graduation ceremony for the recent CERT (Community Emergency Response Team) graduates at the Main Library.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment.

MISCELLANEOUS

Approval of miscellaneous items pg. 3, #s11-13 licenses, vouchers, and contracts.

REGULATION/CONTROL OF COYOTES

Ann Tolkoff of Jordan Road appeared to discuss the coyote problem in her neighborhood.

Ms. Ann Tolkoff stated that she is here to ask protection from coyotes in her neighborhood. Ms. Tolkoff handed out a flyer from her last neighborhood meeting with a sign in sheet in support of her appearance tonight. She mentioned that Representative

In Board of Selectmen 12/06/2011 Page 2 of 38

Frank Smizik has a bill pending that will loosen restraints on how to deal with coyotes. The MSPA advises that coyotes will not attack people or pets, but at the same time suggests that you keep pets and small children indoors. She has seen coyotes on her property. The neighborhood would like the Board of Selectmen and/or the Police Department to develop an action plan to address this threat. It is frightening to the neighbors to see these animals in such close proximity. Their fright has changed their quality of life and she hopes that Brookline will take the lead and put in place some kind of defense plan. There will be another neighborhood meeting in a couple of weeks, and she will keep the Town Officials updated. Selectman Daly found it helpful that she has support and she urged residents to keep collecting data of the actual incidents; she feels they will be effective in any upcoming legislation.

Chief O'Leary stated that the Police Department has been working with the Health Department, and has met with State officials regarding the options of controlling the presence of coyotes. State law states that unless a coyote is aggressive to a human the Police cannot step in and destroy it. He noted that the station received 17 calls about coyotes in 2010, to date in 2011, there were 102 calls. The sightings have increased this year. Massachusetts law makes their options limited and the way to go would be to pursue legislation. Ms. Tolkoff would like to know what constitutes a threat, it may not be the approach of an aggressive animal, but the constant threat of their safety is unnerving. She is asking the Board to interpret the law to consider it a threat. Chairman DeWitt replied that the Board can only follow the law. It will take action on the State level, which is in progress, and she feels that it will take a coalition of multiple communities to pass it. Selectman Benka would like to hear from another expert party to understand the choices. Would trapping and relocating solve the problem, or is there another option. Ms. Tolkoff reiterated that it should be the Town Officials that lead the way here, and take some kind of action. Selectman Goldstein added that the problem with relocation is that they would have to relocate to another community. If we can address lighting and trash disposal that could help; if we eliminate the food sources we can reduce their presence.

Pat Maloney from the Health Department stated that they have been working with the Police Department. This is a difficult issue for them due to local laws; he agrees that the law needs to be changed. They have tried to educate the public and continue code enforcement on sanitary problems. Selectman Daly would like Town Counsel to look into what would constitute as a threat in interpreting the law. Mr. Maloney asked citizens to push their local representatives to change the law; coyotes are a protected species; you are prohibited from relocating them. Ms. Tolkoff thanked the Board and hopes that there will be some action taken soon.

COOLIDGE CORNER THEATRE PILOT

Question of approving and executing a PILOT with the Coolidge Corner Theatre.

This agenda item has been postponed.

In Board of Selectmen 12/06/2011 Page 3 of 38

FRAUD POLICY

Question of adopting the Fraudulent Activities policy that has been vetted by Town Counsel, The Human Resources Board, Labor Counsel and the School Committee.

Comptroller Judy Haupin stated that the auditors Powers and Sullivan have noted in the Management letter that the Town perform a risk assessment study, and then adopt a fraud policy. This is a policy against fraudulent conduct, misappropriation and corruption. This document will form the backbone of the internal control review process and includes procedures and responsibilities. There has been some review and language changes to the draft policy, and she presented a copy. The Board reviewed the language of the policy, and discussed recommendations to the language. Selectman Goldstein would like some language clarification inserted to address the difference between what is intentional and unintentional conduct. Selectman Goldstein will provide his recommendations on some language changes to the draft policy.

The Board will not vote on this tonight.

FY 2012 TAX CLASSIFICATION

Question of adopting percentages of the local tax levy for different classes of property and an exemption for certain residential properties.

Selectman Benka provided a Powerpoint presentation on the impact of the different tax classification options. There is a significantly different impact on single family homes, condos, and commercial properties, which is unavailable because of the different changes in market value. The presentation was a calculation of various tax rate implications, whatever classification rate is chosen, the increase for single-family homes and commercial properties will be greater than the increase for condos. It is impossible to have increases will not be the same for all categories; the calculations will not provide that. He therefore suggested that the classification rate stay the same as it is now. There is nothing that compels any movement. He recommends a tax rate of 1.733. Selectman Benka also questioned if the residential exemption is actually progressive; it shifts the taxes to all rental properties and not only higher valued single family homes.

Chairman DeWitt summarized the tax classification process, and noted that the Board tries hard to treat all properties fairly.

Massachusetts law limits the annual increase in property tax revenue to 2-1/2% of the prior year’s levy plus “new growth” to the tax base. The Town cannot raise more than the levy limit.

In Board of Selectmen 12/06/2011 Page 4 of 38

Brookline has a tradition of adopting policies and practices that address the inherent regressive nature of the property tax, which is the source of nearly 70% of operating revenues. First, we have adopted a residential exemption that reduces the taxable value of residential property that is owner-occupied by 20% of the average value. This has the effect of lowering property tax on property valued below the median and increasing the tax on values above the median, which is at $1,260,000 for FY-12. We also shift burden from residential property, which is more than 90% of the Town’s total valuation, to commercial properties by adopting a classification factor that increases the tax share for commercial properties from 10% to 16%.

Of that share, the 15 largest owners: power companies and large commercial properties pay 35%, the 475 smaller owners pay 65%. In FY12 the 15 largest commercial accounts will also pay 65% of the total FY12 levy increase to be borne by the commercial class.

Our vote tonight will set the classification factor, which, in turn will determine the calculation of the actual tax rate per $1,000 of valuation for all classes of property.

The Board was in agreement to keep the rate as it is. They acknowledged that is more of a symbolic gesture to the commercial community, but recognizing that it has been a difficult few years for them.

On motion it was,

Voted: that the Board of Selectmen vote to adopt a residential factor of, .923694, which represents a CIP factor of 1.733 and the following corresponding tax rates; Residential $11.40, Commercial $18.58.

Voted: To approve a residential exemption, as defined in M.G.L. Chapter 59, section 5C, in the amount of TWENTY PERCENT (20%) of the average assessed value of all Class One, residential parcels within the Town of Brookline, provided, however, that such an exemption shall be applied by the Assessors only to the principal residence of a taxpayer. This vote applies to the fiscal year beginning on July 1, 2012 and ending June 30, 2013.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

LONG RANGE FINANCIAL FORECAST

Deputy Town Administrator Sean Cronin and Director of Finance Stephen Cirillo presented the FY13-FY17 Long Range Financial Forecast.

In Board of Selectmen 12/06/2011 Page 5 of 38

TOWN OF BROOKLINE

FY2013 – FY2017 LONG RANGE FINANCIAL PLAN December 6, 2011

HEADLINES „ FY13: range of balanced budget to deficit of up to $3.96M, depending on State Aid, Collective Bargaining, and Health Insurance rate increases. Structural deficits projected in each of FY14 – FY17. „ School’s FY13 budget grows $1.9M prior to costs of new contract due to SPED, Steps, and enrollment. With new contract, total growth is $3.2M. „ Health Insurance costs estimated to increase by $2.5M in FY13, assuming an 8% rate increase. Also includes the increase in Town share of premiums from 80% to 83%. Continues to strain budget in FY13 – FY17. „ OPEB funding plan continued. „ Collective Bargaining assumptions have a significant impact in each year „ CIP Funding based on revised CIP/Free Cash policies. Includes funding for the School enrollment issue.

„ Property Taxes assume annual maximum levy + “New Growth” of $1.6M- $1.7M, except in FY15+FY16 when New Growth increases because of 2 Brookline Pl. „ State Aid could be cut due to pressure health care expenses and potential Fed aid cuts place on State budget. Various scenarios presented. „ Local Receipt estimates reflect an increase over FY12. „ Free Cash follows revised policy, ensuring adequate reserves and meeting CIP funding requirements. 2

In Board of Selectmen 12/06/2011 Page 6 of 38

FY13 SCENARIOS

SCENARIO A: No Local Aid Cut SCENARIO B: 5% Local Aid Cut ($0.6M Total) Town School Total Town School Total

@ 0% Coll Barg $600,000 ($570,000) $30,000 $300,000 ($870,000) ($570,000)

@ 1% Coll Barg $140,000 ($1,200,000) ($1,060,000) ($160,000) ($1,500,000) ($1,660,000)

@ 1.5% Coll Barg ($90,000) ($1,500,000) ($1,590,000) ($390,000) ($1,800,000) ($2,190,000)

@ 2% Coll Barg ($325,000) ($1,835,000) ($2,160,000) ($630,000) ($2,140,000) ($2,770,000)

SCENARIO C: 10% Local Aid Cut ($1.2M Total) SCENARIO D: 15% Local Aid Cut ($1.8M Total) Town School Total Town School Total

@ 0% Coll Barg $0 ($1,170,000) ($1,170,000) ($300,000) ($1,470,000) ($1,770,000)

@ 1% Coll Barg ($460,000) ($1,800,000) ($2,260,000) ($760,000) ($2,100,000) ($2,860,000)

@ 1.5% Coll Barg ($690,000) ($2,100,000) ($2,790,000) ($990,000) ($2,400,000) ($3,390,000)

@ 2% Coll Barg ($930,000) ($2,440,000) ($3,370,000) ($1,230,000) ($2,740,000) ($3,970,000) NOTES: (1) Figures assume an 8% rate increase for health insurance.

4

2012 2013 2014 2015 2016 2017 REVENUE Property Taxes 163,644,218 169,848,463 175,275,897 182,411,574 189,226,104 195,852,256 Local Receipts 20,275,792 21,252,438 21,425,676 21,702,115 22,156,477 21,784,518 State Aid 13,383,563 12,135,258 12,418,229 12,708,276 13,005,573 13,310,303 Other Available Funds 6,218,966 10,077,122 6,355,475 6,492,378 6,620,719 6,826,482 Free Cash 5,380,264 6,176,813 3,750,000 3,750,000 3,850,000 3,950,000 TOTAL REVENUE 208,902,804 219,490,094 219,225,278 227,064,344 234,858,873 241,723,560

$$ Increase 7,860,164 10,587,290 (264,816) 7,839,066 7,794,529 6,864,687 % Increase 3.9% 5.1% ‐0.1% 3.6% 3.4% 2.9%

EXPENDITURES Departmental 63,203,476 63,737,829 65,361,380 67,158,457 68,821,711 70,601,297 Collective Bargaining ­ Town 0 940,000 950,000 960,000 970,000 1,110,000 Schools 75,387,188 77,287,188 80,453,188 84,403,188 88,228,388 91,528,388 Collective Bargaining ­ School 0 1,266,000 2,000,000 1,875,200 1,350,000 1,390,000 Non­Departmental ­ Benefits 42,108,263 46,228,180 49,490,788 52,625,600 55,737,864 58,697,833 Non­Departmental ­ General 1,205,734 2,836,821 505,738 527,644 556,136 575,137 Non­Departmental ­ Debt Service 10,404,420 10,046,874 9,851,449 9,530,319 9,982,684 11,863,260 Non­Departmental ­ Reserve Fund 1,877,151 1,946,946 2,002,356 2,065,462 2,142,198 2,217,442 Special Appropriations (Rev­Financed CIP) 6,979,001 10,333,500 6,339,019 7,115,045 7,219,800 5,875,957 Non­Appropriated 7,737,572 7,636,899 7,816,289 8,000,164 8,188,636 8,381,820 TOTAL EXPENDITURES 208,902,805 222,260,237 224,770,207 234,261,080 243,197,417 252,241,136

$$ Increase 7,860,164 13,357,432 2,509,971 9,490,872 8,936,337 9,043,719 % Increase 3.9% 6.4% 1.1% 4.2% 3.8% 3.7%

CUMULATIVE SURPLUS/(DEFICIT) 0 (2,770,143) (5,544,929) (7,196,736) (8,338,545) (10,517,576) DEFICIT AS A % OF OP REV 0.0% ­1.3% ­2.6% ­3.2% ­3.6% ­4.4%

Surplus / (Deficit) Prior to Collective Bargaining 0 (564,142) (2,594,929) (4,361,536) (6,018,545) (8,017,576)

Town Share of Surplus / (Deficit) 0 312,405 (46,761) 25,376 135,255 (258,877) Town Collective Bargaining 0 940,000 950,000 960,000 970,000 1,110,000 Total Town Surplus / (Deficit) 0 (627,595) (996,761) (934,624) (834,745) (1,368,877)

School Share of Surplus / (Deficit) 0 (876,547) (2,548,169) (4,386,913) (6,153,800) (7,758,699) School Collective Bargaining 0 1,266,000 2,000,000 1,875,200 1,350,000 1,390,000 Total School Surplus / (Deficit) 0 (2,142,547) (4,548,169) (6,262,113) (7,503,800) (9,148,699)5

In Board of Selectmen 12/06/2011 Page 7 of 38

GENERAL FUND REVENUE COMPOSITION

„ In FY12, Property Taxes comprise more than ¾’s of the Town’s General Fund revenue and more than 80% of Operating Revenue State Aid Other Avail. Free Cash 6.4% 3.0% 2.6%

Local Rec's 9.7%

Prop Tax 78.3%

6

GENERAL FUND REVENUE SUMMARY

„ At the 5% State Aid cut level: ‰ Total FY13 increase in revenue of $10.6M (5.1%) ‰ Operating Budget revenue increases $6M (2.9%)

FY13 REVENUE GROWTH Millions $7 $6.2 $6

$5 $3.9 $4

$3 $2 $1.0 $0.8 $1

$0

($1) ($1.2) ($2) Prop. Tax State Aid Local Rec Other Free Cash Avail.

„ In the out-years, annual operating revenue increases of 3+% 7

In Board of Selectmen 12/06/2011 Page 8 of 38

PROPERTY TAXES

„ In FY13, increase $6.2 million (3.8%) „ 2 ½% Increase = $4.1 million „ New Growth = $1.6 million „ Net Debt Exclusion = $540K „ In the out-years, average annual increases of 3.6% „ 2 Brookline Pl impact included in FY15-FY16 (add’l New Growth) PROPERTY TAXES 2012 2013 2014 2015 2016 2017

Prior Year Levy Limit 156,653,255 162,553,810 168,217,656 174,163,097 181,317,174 188,150,104 2 1/2 % Increase 3,916,331 4,063,845 4,205,441 4,354,077 4,532,929 4,703,753 New Growth 1,984,224 1,600,000 1,600,000 2,800,000 2,300,000 1,700,000 121A's to Prop Taxes 140,000 250,000 ANNUAL LEVY LIMIT 162,553,810 168,217,656 174,163,097 181,317,174 188,150,104 194,803,856 Debt Exclusion (Debt Service Costs) 1,730,917 1,630,808 1,112,800 1,094,400 1,076,000 1,048,400 LESS SBAB Reimb. (640,509) 00000 Net Debt Exclusion 1,090,408 1,630,808 1,112,800 1,094,400 1,076,000 1,048,400

ANNUAL LEVY 163,644,218 169,848,463 175,275,897 182,411,574 189,226,104 195,852,256 $$ Increase 5,765,932 6,204,245 5,427,434 7,135,677 6,814,529 6,626,153 % Increase 3.7% 3.8% 3.2% 4.1% 3.7% 3.5% 8

STATE AID

„ In FY13, assume a 5% cut (exclusive of SBA Reimbursements) „ 5% cut = $608K „ Reduction in SBA Reimbursement from New Lincoln School -- final payment coming in FY12 STATE AID 2012 2013 2014 2015 2016 2017

General Government Aid 5,063,557 4,810,379 4,928,696 5,049,970 5,174,277 5,301,691 Unrestricted General Gov't Aid 4,981,754 4,732,666 4,850,983 4,972,258 5,096,564 5,223,978 Veterans' Benefits 81,803 77,713 77,713 77,713 77,713 77,713 Quinn 0 0 0 0 0 0 School Aid 8,175,275 7,187,384 7,352,039 7,520,811 7,693,802 7,871,117 Chapter 70 6,932,850 6,586,208 6,750,863 6,919,634 7,092,625 7,269,941 SBA Reimb. 1,227,634 587,125 587,125 587,125 587,125 587,125 Charter Tuition Assesment Reimb. 14,791 14,051 14,051 14,051 14,051 14,051 Tax Abatement Aid 37,892 35,997 35,997 35,997 35,997 35,997 Offset Aid 106,839 101,497 101,497 101,497 101,497 101,497 School Lunch 26,417 25,096 25,096 25,096 25,096 25,096 Public Libraries 80,422 76,401 76,401 76,401 76,401 76,401

TOTAL STATE AID 13,383,563 12,135,258 12,418,229 12,708,276 13,005,573 13,310,303 $$ Increase (412,979) (1,248,305) 282,972 290,046 297,297 304,730 % Increase ‐3.0% ‐9.3% 2.3% 2.3% 2.3% 2.3% 9

In Board of Selectmen 12/06/2011 Page 9 of 38

STATE AID - HISTORY • Took a decade to recover from cuts of early-1990’s • Unsure if Town will reach the FY02 pre-cut levels • Estimated FY13 level at FY99 levels

(exclusive of SBA and METCO) $16

$14

$12

$10

Millions $8

$6

$4

$2

$0 90 92 94 96 98 '00 '02 '04 '06 '08 '10 '12 '14 '16 (est.) (est.)

10

STATE AID – RECENT EXPERIENCE

$1,000,000

$500,000

$0 FY08 FY09 FY10 FY11 FY12

($500,000)

($1,000,000)

($1,500,000)

11

In Board of Selectmen 12/06/2011 Page 10 of 38

LOCAL RECEIPTS

„ In FY13, an increase of $977K (4.8%) „ Increases in Medicare Part D ($300K), Local Option Taxes ($200K), MVE ($150K), Investment Income ($100K), Medicaid Reimb ($95K) LOCAL RECEIPTS 2012 2013 2014 2015 2016 2017

Motor Vehicle Excise (MVE) 4,700,000 4,850,000 4,947,000 5,045,940 5,146,859 5,249,796 Local Option Taxes 1,750,000 1,950,000 1,989,000 2,028,780 2,069,356 2,110,743 Licenses & Permits 1,010,975 1,080,975 1,080,975 1,080,975 1,080,975 1,080,975 Parking / Court Fines 4,200,000 4,250,000 4,250,000 4,250,000 4,250,000 4,250,000 General Government 2,482,817 2,864,463 2,931,251 3,000,348 3,073,342 3,150,906 Interest Income 650,000 760,000 779,000 798,475 818,437 838,898 PILOT's / 121A's 1,160,000 1,110,000 1,021,200 1,047,624 1,244,276 606,162 Refuse Fee 2,600,000 2,600,000 2,600,000 2,600,000 2,600,000 2,600,000 Departmental & Other 1,722,000 1,787,000 1,827,250 1,849,974 1,873,232 1,897,039

TOTAL LOCAL REVENUE 20,275,792 21,252,438 21,425,676 21,702,115 22,156,477 21,784,518 $$ Increase 557,317 976,645 173,239 276,439 454,362 (371,959) % Increase 2.8% 4.8% 0.8% 1.3% 2.1% ‐1.7%

„ In the out-years, avg annual increase of 1% 12

LOCAL RECEIPTS – HISTORY

State Aid (w/o SBA+Metco) Local Receipts (incl Parking Meters)

$30 +$7.9M

$25

$20

$15 -$3.6M (in millions) (in $10

$5

$0 FY01 FY13

13

In Board of Selectmen 12/06/2011 Page 11 of 38

OTHER AVAILABLE FUNDS

„ For FY13, an increase of $3.9M (62%) due primarily to funds earmarked for the CIP (Sale of Town-owned Land & Capital Project Surplus)

OTHER AVAILABLE FUNDS 2012 2013 2014 2015 2016 2017

Parking Meter Receipts 3,800,000 3,850,000 3,850,000 3,850,000 3,850,000 3,850,000 Walnut Hill Cemetery Fund 50,000 50,000 50,000 50,000 50,000 50,000 State Aid for Libraries 41,555 41,555 41,555 41,555 41,555 41,555 Golf Enterprise Fund Reimbursement 163,852 152,727 158,980 158,493 164,338 164,363 Recreation Revolving Fund Reimbursement 295,912 292,633 298,734 319,864 333,924 348,793 Water and Sewer Enterprise Fund Reimbursement 1,867,647 1,880,207 1,956,206 2,072,467 2,180,901 2,293,910 Capital Project Surplus 0 560,000 0 0 0 0 Sale of Town‐owned Land Fund 0 3,250,000 0 0 0 0

TOTAL OTHER AVAILABLE FUNDS 6,218,966 10,077,122 6,355,475 6,492,378 6,620,719 6,748,621 $$ Increase 1,159,708 3,858,156 (3,721,647) 136,903 128,340 205,764 % Increase 22.9% 62.0% ‐36.9% 2.2% 2.0% 3.1%

14

FREE CASH

„ Free Cash is used in accordance with the Town’s revised Free Cash Policies: 1. Appropriated Budget Reserve – ¼ of the annual reserve fund 2. Unreserved Fund Balance / Stabilization Fund – maintain at minimum of 10% of revenue 3. Liability / Catastrophe Fund – maintain at 1% of net revenue 4. CIP – bring CIP funding up to 7.5% from the 6% CIP Policy 5. Affordable Housing Trust Fund – deposit if the fund balance is less than $5M 6. Special Use – augment trust funds related to fringe benefits, unfunded liabilities related to employee benefits, and other one-time uses, including additional funding for the CIP and AHTF FREE CASH 2012 2013 2014 2015 2016 2017

Certified Free Cash 1 7,105,288 6,176,813 3,750,000 3,750,000 3,850,000 3,950,000 $$ Increase 2,515,209 (928,475) (2,426,813) 0 100,000 100,000 % Increase 54.8% ‐13.1% ‐39.3% 0.0% 2.7% 2.6%

Use of Free Cash: 1. Operating Budget Reserve (25% of the 1% Reserve) 469,288 486,736 500,589 516,365 535,549 554,361 2. Unreserved Fund Balance/Stabilization Fund 2 1,725,024 1,750,000 3. Liability Reserve 141,959 253,669 35,941 43,083 56,081 53,823 4. Capital Improvements 4,413,752 2,920,254 3,003,534 3,098,193 3,213,297 3,326,164 5. Affordable Housing Trust Fund 355,264377,4230000 6. Special Use 388,731 209,937 92,359 45,073 15,653 Additional CIP 277,475 OPEB's 111,256

TOTAL APPROPRIATED 5,380,264 6,176,813 3,750,000 3,750,000 3,850,000 3,950,000 $$ Increase 790,185 796,549 (2,426,813) 0 100,000 100,000 % Increase 17.2% 14.8% ‐39.3% 0.0% 2.7% 2.6%

1 FY13 figure is an estimate. 15 2 In FY12, this amount was left unappropriated. Therefore, it is backed out of the "Total Appropriated" figure.

In Board of Selectmen 12/06/2011 Page 12 of 38

UNRESERVED FUND BALANCE

„ Ratings agencies look for a Aaa-rated community to have a ratio of Unreserved Fund Balance as a percentage of revenue of approx. 10% „ Year-End FY11 = 10.6% „ Estimate needing to use $1.75M of Free Cash to stay above 10%, leaving some cushion for this hard to predict metric

UNRESERVED FUND BALANCE +STABILIZATION FUND AS % OF REVENUE 18%

16%

14%

12%

10%

8%

6%

4%

2%

0% FY92 FY94 FY96 FY98 FY00 FY02 FY04 FY06 FY08 FY10 FY12 16

GENERAL FUND BUDGET „ In FY12 total, General Fund budget of $208.9M „ Personnel costs (wages + benefits) comprise more than 70% of the General Fund budget, and more than 75% of the Operating Budget Reserves Non‐Approp. 1.3% 3.7% CIP 8.3% Personnel 51.6% Capital Outlay 0.9% Utilities 2.5% Other 0.8% Supplies 1.8%

Services 8.7%

Personnel Benefits 20.2%

17

In Board of Selectmen 12/06/2011 Page 13 of 38

FULLY-ALLOCATED EXPENDITURES

„ In FY12, expenses associated with Education comprised 55% of the Operating budget „ The next largest areas were Public Safety and non-School Benefits

Non‐School Benefits 13.3% Non‐School Debt Community Services 3.0% 1.1% Reserves 1.4% Town Coll. Barg. 0.6%

Public Safety Education 14.9% 54.8%

Cultural Resources 2.1%

Public Works 5.9% General Govt 2.9% 18

EXPENDITURE SUMMARY

„ For FY13, est total increase in expenditures of $13.4M (6.4%) „ Operating Budget expenditures est to increase $8.8M (4.3%)

$4.5 FY13 Expenditure Growth (in millions) $4.0 $4.0 $3.5 $3.0 $2.5 $2.2 $1.9 $2.0 $1.5 $1.0 $0.8 $0.5 $0.5 ($0.1) ($0.2) $0.0 ($0.4) ($0.5) ($1.0)

„ In the out-years, annual increases of 3.7% - 4.2% 19

In Board of Selectmen 12/06/2011 Page 14 of 38

BENEFITS

„ Total estimated FY13 increase of $4.1M (10%) „ In FY02, Benefits comprised 15% of the total Operating Budget. In FY13, this figure could increase to 23%.

2012 2013 2014 2015 2016 2017 Pensions 14,612,334 15,422,765 16,270,948 16,967,741 17,697,239 18,460,915 Group Health 21,680,402 24,219,486 26,318,004 28,332,490 30,214,999 31,917,437 Health Reimbursement Account (HRA) 250,000 250,000 250,000 250,000 250,000 250,000 Retiree Group Health Trust Fund (OPEB's) 1,801,527 2,501,928 2,715,461 3,042,300 3,372,776 3,707,557 EAP 28,000 28,000 28,000 28,000 28,000 33,000 Group Life 130,000 135,000 138,375 141,834 145,380 149,015 Disability Insurance 16,000 16,000 16,000 16,000 16,000 16,000 Workers' Compensation 1,250,000 1,200,000 1,225,000 1,250,000 1,300,000 1,332,500 Public Safety IOD Medical Expenses 300,000 375,000 375,000 375,000 375,000 375,000 Unemployment Compensation 350,000 350,000 300,000 250,000 250,000 250,000 Medical Disabilities 30,000 30,000 35,000 35,000 35,000 40,000 Medicare Coverage 1,660,000 1,700,000 1,819,000 1,937,235 2,053,469 2,166,410

TOTAL 42,108,263 46,228,180 49,490,788 52,625,600 55,737,864 58,697,833

$$ Change 2,034,362 4,119,917 3,262,609 3,134,812 3,112,263 2,959,969 % Change 5.1% 9.8% 7.1% 6.3% 5.9% 5.3%

20

BENEFITS – MAJOR ACCOUNTS

„ Health Insurance

‰ Assuming an 8% rate increase

‰ Assuming 30 new enrollees (15 T / 15 S)

‰ Incr in Town contribution rate from 80% to 83% ($725K)

‰ Total increase of $2.5 million (11.7%)

‰ Each 1% increase in rates equals approximately $225,000

„ Pensions

‰ For FY13, increase of $810K (5.5%) based on funding schedule

„ OPEB’s

‰ Increase operating budget funding from $1.50M to $1.75M

‰ Propose using new Medicare Part D Subsidy revenue for OPEB’s

‰ Continue assessing special revenue funds 21

In Board of Selectmen 12/06/2011 Page 15 of 38

BENEFITS – HEALTH INS BUDGET

GROUP HEALTH APPROPRIATION 35 Represented an increase of 177% ($15.4M) 30

25

20

15 (in millions millions of $'s) (in

10

5

0 FY11 FY92 FY93 FY94 FY95 FY96 FY97 FY98 FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY12 FY13 (proj.) FY13 (proj.) FY14 (proj.) FY15 (proj.) FY16 (proj.) FY17

22

HEALTH INSURANCE EFFORTS

Millions $35 $32.1

$30 $24.2

$25

$20

$15

$10 FY12 If No Changes

„ Consolidation in FY05 saved approx. $1.2M „ Plan Design Changes in FY08 saved approx. $1.1M „ Move to GIC in FY11 saved the Town budget approx. $5.6M „ Move to GIC has saved employees approx. $10M between FY11-FY1323

In Board of Selectmen 12/06/2011 Page 16 of 38

OPEB’S „ Continue: ‰ Increasing funding from operating revenue by $250K / yr, to $1.75M in FY13 and $2.75M in FY17 ‰ Assessing special revenue funds with personnel ‰ Using the “run-off” from funding for Non-Contributory retirees

„ Expecting Medicare Part D refund to come from the GIC. It is recommended that these monies go toward OPEB’s

„ Recommending using Free Cash in FY13 2012 2013 2014 2015 2016 2017 Non‐Contributory Savings 60,000 80,000 110,000 140,000 170,000 200,000 Free Cash 0 111,256 0000 Special Rev Funds 238,435 257,581 294,869 334,021 376,617 423,321 Operating Revenue 1,503,092 1,753,092 2,003,092 2,253,092 2,503,092 2,753,092 Medicare Part D Revenue 0 300,000 307,500 315,188 323,067 331,144

TOTAL 1,801,527 2,501,928 2,715,461 3,042,300 3,372,776 3,707,557

$$ Change (211,004) 700,401 213,533 326,839 330,476 334,781 Percentage Change ‐10.5% 38.9% 8.5% 12.0% 10.9% 9.9% 24

FUTURE OPEB FUNDING PLAN

$8,000,000 Anticipate reaching the ARC in this Operating Revenue Medicare Part D Revenue timetable under current funding plan $7,000,000 School Spec Rev Funds Free Cash $6,000,000 Town Spec Rev Funds Non-Contributory Savings $5,000,000

$4,000,000

$3,000,000

$2,000,000

$1,000,000

$0 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028

25

In Board of Selectmen 12/06/2011 Page 17 of 38

PENSION FUNDING

„ Full funding date of 2028 „ FY13 increase of $810K (5.5%) „ New schedule for FY14-FY15 will be impacted by CY11 market experience

$30

$25 Millions $20

$15

$10

$5

$0 2012 2014 2016 2018 2020 2022 2024 2026 2028

26

UTILITIES „ Overall projected FY13 increase of approx. $250K (2.8%) „ Total energy budget of $5.75M represents a $3.1M (120%) increase since FY00 (exclusive of Water/Sewer) „ Fixed contracts for electricity (through Dec, ‘15) and natural gas (through Oct, ‘14) „ Part of FY13 increase is due to expanded space in schools (Runkle + Heath)

Utility Budget (in millions) Growth in Unit Cost $6 $9 $5 $8 FY01 Millions $4 $7 FY12 $6 $3 $5 $2 $4 $3 $1 $2 $1 $0 $0 Elec Nat Gas Vehicle Fuel FY11

FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 (per kwh) (per therm) (per gal) FY12 (bud) FY12 (bud) FY13

27

In Board of Selectmen 12/06/2011 Page 18 of 38

DEBT SERVICE / TAX-SUPPORTED CIP

„ “6% Policy” total increase of $525K

„ In the out-years, Debt Service supports: „ Devotion School Renovation ($46M) „ Rear Landfill Closure ($4.6M) „ Park Projects ($3.6M) „ Roof Replacement / Repairs ($2.7M) „ Fire Apparatus ($2.6M) „ Baldwin School ($1.8M) „ Driscoll School HVAC ($1.5M) „ UAB Roof / Chimney / etc ($1.3M)

„ More detailed information included in the CIP presentation.

28

NON-APPROPRIATED

2012 2013 2014 2015 2016 2017 STATE ASSESSMENTS County Assessments 698,333 715,791 733,686 752,028 770,829 790,100 Retired Empl. Health Ins. 1,855 1,901 1,949 1,998 2,048 2,099 Air Pollution Dist. 23,973 24,572 25,187 25,816 26,462 27,123 MAPC 17,164 17,593 18,033 18,484 18,946 19,419 MBTA 4,532,622 4,645,938 4,762,086 4,881,138 5,003,167 5,128,246 Boston Metro 1,754 1,754 1,754 1,754 1,754 1,754 SPED 68,120 69,823 71,569 73,358 75,192 77,072 RMV Surcharge 271,360 271,360 271,360 271,360 271,360 271,360 School Choice Sending Tuition 2,279 2,279 2,279 2,279 2,279 2,279 Charter School Sending Tuition 54,048 54,048 54,048 54,048 54,048 54,048 TOTAL STATE ASSESSMENTS 5,671,508 5,805,060 5,941,950 6,082,263 6,226,083 6,373,499 $$ Change 115,173 133,552 136,890 140,313 143,821 147,416 % Change 2.1% 2.4% 2.4% 2.4% 2.4% 2.4%

CHERRY SHEET OFFSETS School Lunch 26,417 26,417 26,417 26,417 26,417 26,417 Libraries 80,422 80,422 80,422 80,422 80,422 80,422 TOTAL Cherry Sheet Offsets 106,839 106,839 106,839 106,839 106,839 106,839

OVERLAY 1,934,225 1,700,000 1,742,500 1,786,063 1,830,714 1,876,482

TAX TITLES 25,000 25,000 25,000 25,000 25,000 25,000

TOTAL 7,737,572 7,636,899 7,816,289 8,000,164 8,188,636 8,381,820 29

In Board of Selectmen 12/06/2011 Page 19 of 38

SCHOOL BASE BUDGET GROWTH

„ SPED +$700K

„ Steps +$600K

„ Enrollment Growth +$400K

„ All Other / Inflation +$200K

„ TOTAL + $1.9M

30

DEFICIT CALCULATION

SCHOOLS TOWN „ New Revenue +3M (50%) „ New Revenue +3M (50%)

„ Fixed Costs $1.9M „ Fixed Costs $2.2M „ Base Growth $1.9M „ Base Growth $0.5M „ 2% CB $1.3M „ 2% CB $0.9M „ Total Cost Incr $5.1M „ Total Cost Incr $3.6M

„ Surplus/(Deficit) ($2.1M) „ Surplus/(Deficit) ($0.6M)

31

In Board of Selectmen 12/06/2011 Page 20 of 38

“SIMPLE MATH” FOR FY13 @ 2% Coll Barg & 5% State Aid Cut & 8% Health Insurance rate incr

(in millions) Add'l Operating Revenue $6.0

less Town / School CB $2.2 less Town / School Steps $0.9 less Benefit Increase/(Decrease) $4.0

Remaining Funds Available ($1.1)

less Town Non‐Personnel Increases for Maint. Budget $0.2 less School Non‐Personnel Increases for Maint. Budget $1.3 less Utility Increases $0.3 less Non‐Dept'al Increases ($0.5) less Debt Svc / Pay‐Go CIP Increases $0.4

Deficit ($2.8) 32

“SIMPLE MATH” FOR LRFP

„ Average Annual Revenue Increases of $7M

„ Average Annual Expenditure Increases: „ Benefits of $3.1M „ Townwide Coll Barg of $2.6M „ School Non-Personnel of $1.9M „ Townwide Steps/Contract. Obl. of $850K $9.3M „ Town Non-Personnel of $300K „ Debt Service / Tax-Fin CIP of $405K „ State Assessments of $140K

„ Town is in a structural deficit situation when on-going expenditures for existing services exceed annual revenue increases

„ In FYFY14+FY17, the deficit grows by approx. $2M - $3M. In FY15+FY16, it grows by $1M - $2M. (Difference due to impact of New Growth from 2 Brookline Pl project.)

33

In Board of Selectmen 12/06/2011 Page 21 of 38

Selectman Benka stated that it is an assumption on the collective bargaining and debt increases; this is not something that is imposed on us, it is something that has to be agreed to. The term “structural deficit” is being used loosely. Mr. Cronin replied that the 2% increase for schools is locked in and agreed to. Selectman Benka agreed, but added that it happened at our own hand. Selectman Mermell asked what the basis is for the 5% number in local aid reduction. Mr. Cronin stated that it is a starting point basically. Town Administrator Mel Kleckner added that we are making an educated guess after attending local fiscal policy meetings and what we are hearing from our peers. Selectman Goldstein stated that interest rates are historically low, are we doing everything we can to make sure our rates are as low as they can go. Finance Director Stephen Cirillo replied that within the last 2-4 years we have borrowed at 2-3 % which is very low. It would not benefit us to refinance. We do look at it frequently to see if anything has changed. Chairman DeWitt asked when we calculated the deficit and look at the base growth of school enrollment, is there an allowance in this to what it will take to fully fund whatever needs to be addressed in outgoing years. School Superintendent Bill Lupini replied yes, the numbers include the cost of an additional 21 teachers in the next seven years.

PELIMINARY CAPITAL IMPROVEMENTS PROGRAM

Deputy Town Administrator Sean Cronin appeared to present the Preliminary FY18 Capital Improvements Program.

In Board of Selectmen 12/06/2011 Page 22 of 38

TOWN OF BROOKLINE FY13 – FY18 PRELIMINARY CAPITAL IMPROVEMENT PROGRAM

December 6, 2011

CAPITAL IMPROVEMENT PROGRAM

„ “Capital planning and budgeting is central to economic development, transportation, communicatio n, delivery of other essential services, and environmental management and quality of life. Much of what is accomplished by local govt’s depends on a sound long-term investment in infrastructure and equipment.” – from ICMA’s Capital Budgeting: A Guide for Local Governments 2

In Board of Selectmen 12/06/2011 Page 23 of 38

HEADLINES

„ Balanced $152.7M Six-Year CIP (FY13 – FY18) conforms with the new Free Cash and CIP Policies adopted by the Board in May, 2011. „ Overcrowding in the elementary schools and eventually at the High School continues to drive the CIP. „ Devotion School places great pressure on the CIP in FY17-FY18 at the assumed $76.9M level, of which $46.1M (60%) is the Town’s share. „ Continues to invest in the Town’s infrastructure and in IT. „ Continues to upgrade Fire apparatus and stations. „ Includes funding for Town/School roofs, masonry repairs, elevators, and generators. „ Village Square project is 100% funded from outside sources. „ Continues to fund energy conservation efforts. „ Final component of landfill project (capping rear landfill) funded in FY15. „ Funds 12 park/playground rehabilitation projects, including the Fisher Hill Reservoir project, which is funded from the sale of the Town-owned site. „ Deferral/reduction/elimination of 10 projects totaling $1.2M in FY13 allows for the funding of new demands. „ Eliminated one and reduced two annual accounts to reflect the operating nature of some of those expenditures. 3

MAJOR PROJECTS

„ Devotion School Rehab - $46.1M of Town funding + possibility of $30.8M of State funding (FY14-FY15) „ Newton St. Landfill (Rear Landfill Closure) - $4.6M (FY15) „ Village Square - $4.5M (FY14) - - all outside funding „ Fire Station Renovations - $3.3M (all years) „ Fisher Hill Reservoir Re-Use - $3.25M (FY13) - - all outside funding „ Waldstein Playground & Warren Field - $2.3M (FY13) „ Driscoll School HVAC - $2.2M (FY16-FY17) „ Baldwin School - $2M (FY14-FY16) „ UAB - $1.3M (FY13) „ Brookline Reservoir Park - $1.4M (FY16) „ Classroom Capacity – $1.25M (FY13)

„ Municipal Service Center Floor / Space – $1.1M (FY13-FY14)4

In Board of Selectmen 12/06/2011 Page 24 of 38

REVISED CIP POLICIES

„ Old „ New { 5.5% of prior yr Net Rev { 6% of prior yr Net Rev { 2008 Override { $50K Parking Meter $

{ Free Cash { Free Cash to get to 7.5% of prior yr Net Rev

6

FUNDING POLICIES

6% Policy + Free Cash = 7.5%

6% Policy

Free Cash- Debt-Financed Tax-Financed Financed [Goal = 4.5%] [Goal = 1.5%]

In Board of Selectmen 12/06/2011 Page 25 of 38

REVENUE-FINANCED PORTION

These two comprise the 7.5% CIP Revenue- policy The Revenue- Financed Financed component of ($10.6M) the 6% Policy

Sale of Tax-Financed Free Cash- Re-approp. Enterprise Town- Financed of Funds Funds Owned Land $3.3M $3.2M $560K $300K $3.25M

DEBT-FINANCED PORTION

The Debt- Debt Service Financed component of the 6% Policy $12.6M

General Fund, General Fund, Debt Exclusion Enterprise Funds Non-Debt Exclusion $1.6M $2.6M $8.4M

In Board of Selectmen 12/06/2011 Page 26 of 38

CIP FINANCING – FREE CASH

„ The FY13-FY18 CIP follows the Town’s revised Free Cash Policy: 1. Appropriated Budget Reserve – ¼ of the annual reserve fund 2. Unreserved Fund Balance / Stabilization Fund– maintain at minimum of 10% of rev 3. Liability / Catastrophe Fund – maintain at 1% of net revenue 4. CIP – bring CIP funding up to 7.5% from the 6% CIP Policy 5. Affordable Housing Trust Fund – deposit if the fund balance is less than $5M 6. Special Use – augment trust funds related to fringe benefits, unfunded liabilities related to employee benefits, and other one-time uses, including additional funding for the CIP and AHTF

Certification (est.) $6,176,813 1. Operating Budget Reserve $486,736 2. Unreserved Fund Balance/Stabilization Fund $1,750,000 3. Liability Reserve $253,669 4. Capital Improvements $2,920,254 5. Affordable Housing Trust Fund $377,423 Sub‐Total $5,788,083 Amt available for Special Use (#6) $388,730 USE: Additional CIP $277,474 OPEB's $111,256 10

MULTI-YEAR CIP FUNDING SUMMARY (Gen Fund)

2013 2014 2015 2016 2017 2018 6% Policy 11,681,838 12,003,529 12,381,849 12,841,939 13,293,072 13,684,004 Net‐Debt * 8,356,066 8,678,649 8,375,919 8,846,684 10,754,860 12,316,322 7.5% % of Prior Yr Net Rev 4.29% 4.34% 4.06% 4.13% 4.85% 5.40% Policy Pay‐as‐you‐Go 3,325,771 3,324,879 4,005,929 3,995,255 2,538,212 1,367,682 % of Prior Yr Net Rev 1.71% 1.66% 1.94% 1.87% 1.15% 0.60% Free Cash 3,197,729 3,003,534 3,098,193 3,213,297 3,326,164 3,423,982 Re‐Approp. 560,000 0 0 0 0 0 Sale of Town Land 3,250,000 0 0 0 0 0

TOTAL 18,689,566 15,007,062 15,480,041 16,055,235 16,619,236 17,107,986

CIP as a % of Prior Yr Net Rev 9.6% 7.5% 7.5% 7.5% 7.5% 7.5%

11 * Defined as General Fund debt less debt supported by a debt exclusion.

In Board of Selectmen 12/06/2011 Page 27 of 38

ADDITIONAL REVENUE SOURCES

„ CDBG Funds – $2.25M is used, including utilizing the Section 108 Loan Guarantee Program. „ State / Federal Grants – $38.9M is anticipated, including the assumption that MSBA funds cover 40% of the Devotion School project, a $150M statewide Ch. 90 program annually, and the Village Sq project is awarded $1.5M from the State TIP. „ Proposed Private Development – $4.2M total, with $3.25M for Fisher Hill Reservoir Re-Use (FY13) and $750K from 2 Brookline Pl for the Village Square project (FY13). „ Re-Appopriation of Existing Funds – $560K in FY13 from balances in a Landfill account and Heath Feasibility account (MSBA remib.)

12

FINANCING SUMMARY GRAND TOTAL BY SOURCE (in thousands) FY13 FY14 FY15 FY16 FY17 FY18 TOTAL % OF TOTAL Property Tax 3,325.8 3,114.1 3,654.9 3,914.0 2,415.7 1,291.4 17,715.9 11.6% Free Cash 3,197.7 3,008.9 2,990.1 2,958.0 2,943.3 2,935.6 18,033.6 11.8% General Fund Bond 3,450.0 2,730.0 51,000.0 4,325.0 3,250.0 2,950.0 67,705.0 44.3% State / Federal Grants 944.6 3,194.6 31,544.6 1,344.6 944.6 944.6 38,917.8 25.5% Utility Budget 300.0 260.0 0.0 0.0 0.0 0.0 560.0 0.4% Utility Bond 0.0 0.0 0.0 3,000.0 0.0 0.0 3,000.0 2.0% CDBG 0.0 2,250.0 0.0 0.0 0.0 0.0 2,250.0 1.5% Other 0.0 750.0 0.0 0.0 0.0 0.0 750.0 0.5% Re‐Appropriation of Funds 560.0 0.0 0.0 0.0 0.0 0.0 560.0 0.4% Sale of Town‐owned Land Fund 3,250.0 0.0 0.0 0.0 0.0 0.0 3,250.0 2.1% TOTAL 15,028.1 15,307.6 89,189.6 15,541.6 9,553.6 8,121.6 152,742.3 100%

Re-Appropriation CDBG Other of Funds 1.5% 0.5% 0.4% Sale of Town- Utility Bond owned Land Fund 2.0% 2.1% Utility Budget Property Tax 0.4% 11.6%

Free Cash State / Federal 11.8% Grants 25.5%

General Fund 13 Bond 44.3%

In Board of Selectmen 12/06/2011 Page 28 of 38

CATEGORY SUMMARY

GRAND TOTAL BY CATEGORY (in thousands) FY13 FY14 FY15 FY16 FY17 FY18 TOTAL % OF TOTAL New Facility Construction 0.0 55.0 0.0 0.0 0.0 0.0 55.0 0.0% Facility Renovation / Repair 5,457.5 5,855.0 76,765.0 5,850.0 4,260.0900.099,087.5 64.9% Parks / Open Space / Playgrounds 5,930.0 960.0 6,795.0 3,020.0 745.0 3,770.0 21,220.0 13.9% Infrastructure 3,290.6 7,667.6 3,484.6 6,171.6 2,978.6 3,026.6 26,619.8 17.4% Vehicles 50.0 465.0 1,400.0 185.0 1,250.0 0.0 3,350.0 2.2% Miscellaneous 300.0 305.0 745.0 315.0 320.0 425.0 2,410.0 1.6% TOTAL 15,028.1 15,307.6 89,189.6 15,541.6 9,553.6 8,121.6 152,742.3 100%

Infrastructure Vehicles 17.4% 2.2% Parks / Open Miscellaneous Space / 1.6% Playgrounds 13.9%

Facility 14 Renovation / Repair 64.9%

DEBT MANAGEMENT PLAN General Fund

Project Authorization Bond Amt Term 2013 2014 2015 2016 2017 2018 2019

TH/Main Library Garages (previously authorized) 950,000 950,000 10 133,000 129,200 125,400 121,600 117,800 114,000 110,200 Heath School Addition (previously authorized) 5,240,000 5,240,000 20 484,700 473,565 462,430 451,295 440,160 429,025 417,890 Runkle School - Constr. (previously authorized) 17,580,000 5,330,000 20 479,700 469,040 458,380 447,720 437,060 426,400 415,740 Runkle School - Constr. (previously authorized) 17,580,000 1,000,000 10 142,500 138,250 134,000 129,750 125,500 121,250 Carlton St. Footbridge (previously authorized) 1,400,000 1,400,000 10 196,000 190,400 184,800 179,200 173,600 168,000 UAB Roof/Chimney/Gutters & Downspouts (future authorization) 1,300,000 1,300,000 10 185,250 179,725 174,200 168,675 163,150 157,625 Waldstein Playground + Warren Field (future authorization) 2,150,000 2,150,000 10 306,375 297,238 288,100 278,963 269,825 260,688 Muddy River (previously authorized) 745,000 745,000 10 104,300 101,320 98,340 95,360 92,380 Devotion School - Feas. & Sch. Des. (future authorization) 1,130,000 1,218,750 10 161,025 156,223 151,420 146,618 141,815 Roof Repairs / Replacements (future authorization) 1,600,000 1,600,000 10 228,000 221,200 214,400 207,600 200,800 Devotion School - Design (future authorization) 45,000,000 5,000,000 20 487,500 475,625 463,750 451,875 Ladder #2 (future authorization) 1,200,000 1,200,000 10 171,000 165,900 160,800 155,700 Rear Landfill (future authorization) 4,600,000 4,600,000 20 448,500 437,575 426,650 415,725 Baldwin School (future authorization) 1,780,000 1,780,000 10 256,500 248,850 241,200 Devotion School - Constr. (future authorization) 48,750,000 21,875,000 25 1,850,000 1,808,000 1,766,000 Brookline Reservoir Park (future authorization) 1,400,000 1,400,000 10 199,500 193,550 187,600 Roof Repairs / Replacements (future authorization) 1,125,000 525,000 10 74,813 72,581 70,350 Roof Repairs / Replacements (future authorization) 1,125,000 175,000 10 24,938 24,194 Driscoll School HVAC (future authorization) 1,500,000 1,500,000 10 213,750 207,375 Devotion School - Constr. (future authorization) 48,750,000 20,000,000 25 1,850,000 1,808,000 Engine #4 (Quint) (future authorization) 1,400,000 1,400,000 10 199,500 193,550 Roof Repairs / Replacements (future authorization) 1,125,000 425,000 10 60,563 Emerson Garden/Harry Downes (future authorization) 1,350,000 1,350,000 10 15 192,375 NEW GEN FUND DEBT SERVICE (cumulative) 1,097,400 1,901,930 2,345,148 3,387,458 5,675,680 7,813,446 7,860,894

In Board of Selectmen 12/06/2011 Page 29 of 38

DEBT MANAGEMENT PLAN Enterprise Funds

Project Authorization Bond Amt Term 2013 2014 2015 2016 2017 2018 2019 Wastewater (previously authorized) - Interest Free MWRA Loan 5,500,000 210,000 5 42,000 42,000 42,000 42,000 42,000 Wastewater (previously authorized) 5,500,000 1,000,000 10 142,500 138,250 134,000 129,750 125,500 121,250 Wastewater (previously authorized) 5,500,000 1,000,000 10 142,500 138,250 134,000 129,750 125,500 Wastewater (previously authorized) 5,500,000 914,065 10 130,254 126,369 122,485 118,600 Wastewater (future authorization) 3,000,000 1,500,000 10 213,750 207,375 201,000 Wastewater (future authorization) 3,000,000 1,500,000 10 213,750 Water Main Improvements (previously authorized) 1,000,000 500,000 10 70,000 68,000 66,000 64,000 62,000 60,000 58,000 Water Main Improvements (previously authorized) 1,000,000 500,000 10 71,250 69,125 67,000 64,875 62,750 60,625 Storm Drain Improvements (previously authorized) 500,000 500,000 10 70,000 68,000 66,000 64,000 62,000 60,000 58,000 Golf Course (previously authorized) 2,840,000 125,000 20 11,875 11,594 11,313 11,031 10,750 10,469 10,469 Golf Course (previously authorized) 2,840,000 225,000 20 21,375 20,869 20,363 19,856 19,350 Golf Course (previously authorized) 2,840,000 590,000 20 56,050 54,723 NEW ENTERPRISE FUND DEBT SERVICE (cumulative) 193,875 403,344 556,563 671,404 865,857 854,235 1,041,267 16

6% POLICY – DEBT-FINANCED vs “PAY-AS-YOU-GO”

6.0% 0.6% In millions 1.1% 0.9% $14 1.7% 1.7% $1.4 5.0% 1.9% 1.9% $2.2 $12 $2.5

$4.0 $3.3 $4.0 4.0% $10 $3.3

$8 3.0% 5.4% 5.1% $12.3 4.9% $6 $11.9 4.3% 4.3% $10.8 2.0% 4.1% 4.1% $8.7 $8.8 $4 $8.4 $8.4

1.0% $2

$0 0.0% FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY13 FY14 FY15 FY16 FY17 FY18 FY19 "Pay-Go" Debt-Fin. 17 Debt-Fin. "Pay-Go"

In Board of Selectmen 12/06/2011 Page 30 of 38

DEBT SERVICE – GENERAL FUND

$14

$12

$10

$8

$6 Millions $4

$2

$0 FY13 FY14 FY15 FY16 FY17 FY18 FY19

18 EXISTING NEW

DEBT SERVICE – BREAKDOWN

DEBT SERVICE (PROJECTED) DESCRIPTION FY13 FY14 FY15 FY16 FY17 FY18 FY19 Total General Fund Supported Debt Service 9,986,874 9,791,449 9,470,319 9,922,684 11,803,260 13,337,122 12,913,066 a.) Exempt (Debt Exclusion) 1 1,630,808 1,112,800 1,094,400 1,076,000 1,048,400 1,020,800 988,200 b.) Non‐Exempt 8,356,066 8,678,649 8,375,919 8,846,684 10,754,860 12,316,322 11,924,866 2 Minus State (SBA) Reimbursed Debt 587,125 587,125 587,125 587,125 587,125 587,125 587,125 Net General Fund Debt Service 9,399,749 9,204,324 8,883,194 9,335,559 11,216,135 12,749,997 12,325,941

Water & Sewer Enterprise Fund Supported Debt Svc. 2,684,946 2,750,539 2,259,261 2,315,539 2,191,035 1,793,950 1,660,956 Golf Course Enterprise Fund Supported Debt Svc. 192,419 181,831 177,725 167,019 161,856 142,544 123,910 Enterprise Fund Debt Service 2,877,365 2,932,371 2,436,986 2,482,558 2,352,892 1,936,494 1,784,866

TOTAL Debt Service 12,864,239 12,723,820 11,907,305 12,405,242 14,156,152 15,273,616 14,697,932 1 The Lincoln School and High School projects were financed via a Debt Exclusion. 2 The following school projects are being reimbursed by the State: Lincoln, Heath, and Baker. 19

In Board of Selectmen 12/06/2011 Page 31 of 38

DEBT SERVICE – AS A % OF REVENUE

FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19 DESCRIPTION (Act.) (Act.) (Proj.) (Proj.) (Proj.) (Proj.) (Proj.) (Proj.) (Proj.) (Proj.)

General Fund Debt Service as a % of General Fund Revenue 5.9% 4.7% 5.0% 4.6% 4.5% 4.2% 4.2% 4.9% 5.4% 5.0%

Net General Fund Debt Service as a % of General Fund Revenue 2 4.3% 4.1% 4.4% 4.3% 4.2% 3.9% 4.0% 4.7% 5.1% 4.8%

Water & Sewer Enterprise Fund Debt Service as a % of Revenue 10.5% 10.3% 9.5% 10.2% 10.1% 8.2% 8.1% 7.4%5.9%5.2%

Golf Course Enterprise Fund Debt Service as a% of Revenue 16.3% 17.0% 15.4% 15.9% 14.9% 14.5% 13.5% 12.9% 11.3% 9.7%

TOTAL Debt Service as a % of Total Rev. Supporting Debt Svc. 6.4% 5.3% 5.5% 5.2% 5.1% 4.7% 4.7% 5.2% 5.4% 5.1% 1 The Lincoln School and High School projects were financed via a Debt Exclusion. 20 2 Excludes both the debt service (expense) reimbursed by the State for school projects and the reimbursement from the State (revenue).

CIP/DEBT MANAGEMENT POLICIES

VARIABLE FY12 FY13 FY14 FY15 FY16 FY17 FY18 Legal Limit for Outstanding Debt = 5% of Equalized Valuation (EQV) EQV for 1/1/10 = $15.985 billion. Assume 2.5% annual growth. (In millions) $16,384.9 $16,794.6 $17,214.4 $17,644.8 $18,085.9 $18,538.0 $19,001.5 Outstanding Debt as a % of EQV 0.5% 0.5% 0.4% 0.4% 0.5% 0.6% 0.5% General Fund Outstanding Debt as a % of EQV 0.4% 0.4% 0.4% 0.4% 0.4% 0.5% 0.5% Net General Fund Outstanding Debt as a % of EQV 0.3% 0.3% 0.3% 0.3% 0.4% 0.5% 0.5% Total Outstanding Debt (in millions) $78.6 $77.5 $71.7 $74.4 $91.0 $105.6 $96.5 General Fund Outstanding Debt (in millions) $66.2 $65.8 $60.9 $64.7 $81.2 $97.8 $88.8 Net General Fund Outstanding Debt (in millions) $56.9 $57.9 $54.4 $59.2 $76.6 $94.1 $86.1 Total Debt Service (in millions) $12.7 $12.6 $12.5 $11.9 $12.4 $14.2 $15.3 General Fund Debt Service (in millions) $10.2 $9.9 $9.7 $9.4 $9.8 $11.7 $13.2 Net General Fund Debt Service (in millions) $7.5 $8.5 $8.3 $8.6 $8.3 $8.7 $10.7 Total Debt Service Per Capita $216 $215 $213 $203 $212 $241 $260 General Fund Debt Service Per Capita $173 $168 $165 $160 $167 $199 $225 Net General Fund Debt Service Per Capita $128 $144 $141 $146 $141 $149 $181 Total Debt Service as a % of Revenue 5.4% 5.2% 5.1% 4.6% 4.7% 5.2% 5.4% General Fund Debt Service as a % of General Fund Revenue 4.9% 4.5% 4.4% 4.1% 4.2% 4.8% 5.3% Net General Fund Debt Service as a % of General Fund Revenue 4.3% 4.3% 4.2% 3.9% 3.9% 4.6% 5.1% A. Total Outstanding Debt Per Capita as a % of Per Capita Income 2.0% 1.9% 1.7% 1.7% 2.1% 2.4% 2.1% General Fund Outstanding Debt Per Capita as a % of Per Capita Income 1.7% 1.6% 1.5% 1.5% 1.9% 2.2% 1.9% Net General Fund Outstanding Debt Per Capita as a % of Per Capita Income 1.4% 1.4% 1.3% 1.4% 1.8% 2.1% 1.9% B. Total Outstanding Debt Per Capita $1,338 $1,320 $1,220 $1,267 $1,549 $1,797 $1,643 General Fund Outstanding Debt Per Capita $1,127 $1,120 $1,036 $1,101 $1,383 $1,665 $1,513 Net General Fund Outstanding Debt Per Capita $969 $986 $927 $1,008 $1,305 $1,603 $1,466 C. Total Outstanding Debt as a % of Assessed Value (AV) 0.5% 0.5% 0.5% 0.5% 0.6% 0.6% 0.6% General Fund Outstanding Debt as a % of Assessed Value (AV) 0.4% 0.4% 0.4% 0.4% 0.5% 0.6% 0.5% Net General Fund Outstanding Debt as a % of Assessed Value (AV) 0.3% 0.3% 0.3% 0.3% 0.4% 0.5% 0.5% D. Total Debt Maturing Within 10 Years 80% 82% 84% 84% 77% 72% 73% General Fund Debt Maturing Within 10 Years 76% 79% 82% 82% 75% 70% 71% E. CIP Financing as a % of Prior Year's Net Revenue 5.50% 6.00% 6.00% 6.00% 6.00% 6.00% 6.00% Debt-Financed CIP as a % of Prior Year's Net Revenue 4.59% 4.29% 4.34% 4.06% 4.13% 4.85% 5.40% Revenue-Financed CIP as a % of Prior Year's Net Revenue 0.91% 1.71% 1.66% 1.94% 1.87% 1.15% 0.60%

Town Policies A. Total Outstanding Debt Per Capita = shall not exceed 6% of Per Capita Income. B. Total Outstanding Debt Per Capita = shall not exceed $2,471 (for FY12). C. Total Outstanding Debt = shall not exceed 2.5% of Assessed Value (AV). D. Bond Maturities = 60% of General Fund principal shall mature within 10 years. 21 E. CIP Financing = 5.5% of Prior Year's Net Revenue, with a goal of 4.25% from Debt-Financed and 1.25% from Revenue-Financed. NOTE: "Net General Fund Debt" is total General Fund Debt less the share paid for by the State for the Lincoln, Heath, and Baker projects.

In Board of Selectmen 12/06/2011 Page 32 of 38

OVERCROWDING IN SCHOOLS

Elementary Enrollment Growth FY12 K - 2 , 3 - 5, 6 - 8 700 658 602 566 600 Student 551 538 532 517 Population 500 437 426 400

300

200

100

0 K12345678

K-2 3 ‐ 5 6 - 8 1,811 1,636 1,380

175 256 22 431

ELEMENTARY CLASSROOM DEMAND – K-8 Homeroom Sections

230 230 224 219 220 211 210 203 205 200 196 196

190

180

170 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12

In Board of Selectmen 12/06/2011 Page 33 of 38

BROOKLINE PRE‐SCHOOL AND SCHOOL AGED POPULATION BY AGE, 2000 AND 2010

POPULATION BY AGE POPULATION BY AGE GROUP CHANGE: 2000‐2010 AGE 2000 2010 AGE GRP 2000 2010 POP. %

Under 1 577 682 1 552 617 2 519 648 3 509 653 4 482 609 <5 2,639 3,209 570 21.6% 5 464 598 6 478 644 7 540 599 8 499 609 9 550 581 5‐9 2,531 3,031 500 19.8% 10 534 548 11 563 528 12 553 520 13 570 509 14 482 501 10‐14 2,702 2,606 ‐96 ‐3.6% 15 572 511 16 536 532 17 523 519 18 530 586 15‐18 2,161 2,148 ‐13 ‐0.6%

24 TOTAL 10,033 10,994 TOTAL, 5‐18 7,394 7,785

ELEMENTARY CLASSROOM DEMAND – Projected K-8 Homeroom Sections

255 251 248 250 243 245 240 236

235 230 230 225 220 215 FY12 FY13 FY14 FY15 FY16

In Board of Selectmen 12/06/2011 Page 34 of 38

HIGH SCHOOL ENROLLMENT 2005 - 2021

2450

Actual Projection 2370 2350 2300 2300

2250 2185

2150 2070

2050 1977

1950 1889 1885 1870 1829 1850 1808 1782 1777 1770 1748 1726 1748 1750

1650

1550 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 26

OVERCROWDING IN SCHOOLS – FUNDING PLAN

„ Classroom Capacity – $1.25 million is included in FY13. { In both FY08 and FY10, Town Meeting appropriated $400,000 to address space needs. That $800,000 has been used to fund the costs associated with creating additional classroom spaces in the school facilities. { In FY11, Town Meeting appropriated an additional $530,000 to continue the necessary work, all of which has been committed. { The proposed $1.2 million continues this program. It is projected to fund seven new classrooms in each SY12-13 and SY13-14. It could also go toward preparing the Old Lincoln School for use as classroom space and/or as a 9th grade campus when the High School reaches its capacity in a few years.

„ Devotion School – remains at $76.9 million, with funding for feasibility / schematic design ($1.9 million) in FY14 and funding for construction ($75 million) in FY15. { A key component of the funding plan is MSBA participation, at an estimated rate of 40%. { A 25-year term for the construction bond is anticipated, a term not used before. { Without MSBA participation, this project will need a Debt Exclusion Override. { Another critical factor is the project must increase overall classroom space. Without it, the district- wide overcrowding issue remains and, as a result, the MSBA will not participate

In Board of Selectmen 12/06/2011 Page 35 of 38

OVERCROWDING IN SCHOOLS – FUNDING PLAN (con’t)

„ BHS Space Needs Study – $50,000 is included in FY13. { Enrollment pressure will begin hitting the High School around SY16-17 / SY17-18, so planning must begin immediately for this component of the overcrowding issue. { Funding would be used to review all possible options for addressing the capacity needs of BHS. { Solutions might range from relocating certain non-High School functions currently housed at BHS (Early Childhood, Adult Education, etc.) to utilizing the Old Lincoln School, once again, as a “Freshman Campus.”

„ Old Lincoln School – $500,000 is included for structural surface repairs. { In FY11, $100,000 was appropriated for an engineering conditions analysis of the outside areas, which were deteriorating. { No estimate was available for the FY12 CIP; current estimate for the project is $500,000. Plan on having the analysis complete and the project designed prior to the 2012 Annual Town Meeting. { It is important to undertake this project since it appears as though the Old Lincoln School is going to play a significant role in addressing the school overcrowding issue.

DEVOTION SCHOOL

„ A potential alternative to a phased-renovation approach is to undertake a land swap. { A new facility would be sited on what is currently park space and that open space would be replaced with a new park/playground where the building currently sits. { This option should be given serious consideration because it eliminates the logistical and financial issues associated with the phasing of the project and partial relocation of students { It also maximizes the availability of the Old Lincoln School for system-wide enrollment needs. { By eliminating the need to relocate some students to the Old Lincoln School while the project is under construction, the Old Lincoln School can be used for more immediate classroom space needs. { Also allows for the related advantages/efficiencies that can be achieved from new construction, without the constraints of working within an existing footprint or structure.

„ Ultimately, this approach allows the Old Lincoln School to be used through SY16-17 / SY17-18 to take the stress off of elementary schools and then become available for the High School’s use when that facility begins to feel the space crunch. { Old Lincoln would be vacated by the time it is needed for HS use since the new and larger Devotion School would be open (students at the Old Lincoln would be put back into the elementary schools that now have additional space since the expanded Devotion is able to take pressure off of other elementary schools).

29 „ This and other concepts will be reviewed with the architect hired to conduct the Devotion School Concept Study.

In Board of Selectmen 12/06/2011 Page 36 of 38

DEVOTION SCHOOL (con’t)

„ Whatever the final plan for the project is, it has a significant impact on the CIP. { Due primarily to this project, the revenue-financed CIP in both FY17 and FY18 is low compared to the first four years. { This then poses challenges to funding “standard” revenue-financed projects such as streets/sidewalks, park projects, and smaller-scale Town/School facility upgrades. { In FY17, the project consumes $2.5M in debt service; in FY18, it is $4.3M.

30

Superintendent William Lupini reviewed the School CIP budget. There is a concern about classroom space and the expanding classroom size seen over the past few years. Over the past 6-7 years kindergarten enrollment has accelerated. Mr. Lupini stressed the need for additional classrooms. Selectmen Goldstein asked if the numbers included any potential new housing projects. Mr. Lupini replied no, that was not taken into account in this presentation, nor does it include those attending private schools or METCO students; the numbers came from census data. Selectman Mermell asked if neighboring communities are seeing this kind of growth. Mr. Lupini replied some, none appearing as much as Brookline is seeing. One factor seems to indicate the housing turnover where a 2 person family household is being replaced by a larger family. Selectman Mermell would like to understand what the x factor is, clearly we are not the only community with an excellent school system. Mr. Lupini replied that Brookline has been referred to a "destination" town. Mr. Lupini stated that they are looking at all aspects of the program to identify space.

In Board of Selectmen 12/06/2011 Page 37 of 38

Department CIP Projects

Public Safety- Selectman Goldstein asked Chief Ford his thoughts on the budget for fire apparatus rehabilitation. Chief Ford stated that he is pleased with the town’s take on apparatus replacement. This is a critical part of public safety for both the residents and the firefighters. It is a great plan moving forward and he is in agreement with it.

Selectman Daly asked about the Fire Station renovations. Building Director Charlie Simons stated that the projects are divided into groups by station. The priority now is to focus on the structures and floors as planned.

Selectman Daly asked about the emergency management storage shed. Public Works Commissioner Pappastergion stated that there were some sheds at the Hammond Street station that housed equipment for the CERT. Last year snow had caused it to collapse. A new one is planned for replacement.

Engineering/Highway-Selectman Daly asked about parking lot rehabilitations in commercial areas, and if there will be alternate parking available during the repaving. Director of Engineering Peter Ditto replied that there will be street parking available for those that have permanent parking permits. He does not anticipate the project to take that long.

Water and Sewer-Selectman Daly asked about the Singletree Tank project noting that it seems to be an ongoing cost. Commissioner Pappastergion replied that there was a project a couple of years ago. This one is for maintenance that is required every 10-15 years. This tank holds 2 million gallons of water and need to be maintained by the official standards.

Parks/Playgrounds-Selectman Goldstein asked about the projects at Larz Anderson Playground. Director of parks and Open Spaces Erin Gallentine stated that the largest project is the rebuilding of the Temple of Love. The structure is crumbling, and rebuilding this historic structure is the only option.

School/Building- Selectman Daly asked about energy conservation. Building Director Charlie Simmons replied that they are still staying on top of it. Some efficiencies have been upgraded at the Town Hall and the Health Building recently. The Building Department continues to look at energy savings.

Golf Course- Selectman Benka asked about the Golf Course. Deputy Town Administrator Sean Cronin stated that the two major projects are drainage and facilities. The enterprise fund cannot handle both of these projects. Director of Recreation Lisa Paradis stated that once they receive the permit from the DEP and the Army Corps of Engineers they will start the drainage project. The project will start at the front 9 of the course.

In Board of Selectmen 12/06/2011 Page 38 of 38

MISCELLANEOUS

EXTRA WORK ORDER

Question of approving Extra Work Order No. 3 in the amount of $45,000.00 for work to be performed by Lorusso Corp. in connection with Contract No. PW/09-25 "Disposing of Leaves and Related Work". Said work order to be funded from the following accounts:

40004300 523593 $40,000.00 4991EW40 523593 $ 5,000.00

Commissioner Pappastergion stated that this contract includes various items. It is a three year contract awarded in FY10 and we are in the final year. This is the third extra work order and hopefully the final one. The contract includes removal of yard waste and leaves from the transfer site.

On motion it was,

Voted to approve Extra Work Order No. 3 in the amount of $45,000.00 for work to be performed by Lorusso Corp. in connection with Contract No. PW/09-25 "Disposing of Leaves and Related Work". Said work order to be funded from the following accounts:

40004300 523593 $40,000.00 4991EW40 523593 $ 5,000.00

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

There being no further business, the Chair adjourned the meeting at 10:15 p.m.

ATTEST

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN

12/13/2011 th 6 FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy Daly, Selectman Jesse Mermell, Selectman Richard Benka, Selectman Kenneth Goldstein

The Minutes of December 6, 2011 were approved as amended

COLLECTIVE BARGAINING

Town Administrator Melvin Kleckner and Human Resources Director Sandra DeBow will appear to discuss strategies on collective bargaining negotiations.

EXECUTIVE SESSION

In Open Sessions the Chair must state the purpose for Executive Session, stating all subjects that may be revealed without compromising the purpose for which the Executive Session was called.

The Chair must announce whether Open Session will reconvene at the conclusion of the Executive Session.

The Chair then stated the reason(s) for the Executive Session: (SEE THE REASONS CHECKED)

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of a particular individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.

(2) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. X __ _(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

In Board of Selectmen 12/13/2011 Page 2 of 16

(4) To discuss the deployment of security personnel or devices or strategies with respect thereto.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.

(7) To comply with or act under the authority of, any general or special law or federal –grant-in-aid requirements.

(8) To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants (but not applicable to a meeting, including, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening)

(9) To meet or confer with a mediator (Under Chapter 233, s. 23C) with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity (but decision to participate mediation must be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and any action taken with respect to those issues must include deliberation and approval in open session).

The Board of Selectmen, during a properly constituted and noticed meeting:

VOTED: to go into Executive Session

Roll Call Vote: Voting in the Affirmative:

DeWitt Daly Mermell Benka Goldstein (absent for roll call) arrived at 6:15

The Board of Selectmen (WILL) RECONVENE in Open Meeting after the Executive Session.

In Board of Selectmen 12/13/2011 Page 3 of 16

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community Interest.

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

There was no Public Comment

MISCELLANEOUS

Approval of miscellaneous items pg.4, #s 13-18 licenses, vouchers, and contracts.

FRAUD POLICY

Question of adopting the Fraudulent Activities policy that has been vetted by Town Counsel, the Human Resources Board, Labor Counsel and the School Committee.

Comptroller Judy Haupin revised the Fraud Policy and presented it to the Board. The Selectmen had added some language changes, and are in agreement with the final version.

On motion it was,

Voted to adopt the Fraudulent Activities policy that has been vetted by Town Counsel, the Human Resources Board, Labor Counsel and the School Committee.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

COOLIDGE CORNER THEATRE PILOT

Question of approving and executing a PILOT with the Coolidge Corner Theatre.

Director of Finance Stephen Cirillo and Michael Maynard, Coolidge Corner Theatre Board Chair appeared before the Board. Mr. Cirillo stated that the theatre is a tenant of a property owned by the non-profit Hamilton Trust. The other tenants in the building are for profit organizations and therefore, half of the building is taxable. The portion occupied by the theatre is valued at less than $5 million. As the theatre is a community based organization that provides numerous services to the Town, it qualifies for a 15% PILOT target, rather than the standard 25% that other PILOT agreements include. Mr. Maynard added that as a small nonprofit organization, it took some time for the Board to review the proposal. He is happy to participate in the program. The Board noted the

In Board of Selectmen 12/13/2011 Page 4 of 16

vitality the theatre adds to Coolidge Corner and is proud to have it in our community.

On motion it was,

Voted to approve and execute a PILOT with the Coolidge Corner Theatre.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

HANCOCK VILLAGE NCD COMMISSION

Question of establishing the Hancock Village Neighborhood Conservation District Commission:

a. Question of authorizing the Chairman of the Preservation Commission to make Interim appointments to a transitional Hancock Village Neighborhood Conservation District Commission (HV-NCD) at the first scheduled Preservation Commission meeting after the enabling bylaws are approved and posted. The Interim members shall serve until such time as members of the permanent HV-NCD Commission can be appointed with proper public notice according to Sec. 5.10.4 of the NCD bylaw.

Chairman DeWitt stated that it is in agreement that the NCD Commission becomes active as quick as possible. The Chair of the Preservation Commission will make interim appointments until we can publish and solicit candidates to create the body. The Attorney General has 90 days before the By-law can be approved, which gives us a February 15th date, then adding the ten days or so posting period we are looking at February 25-26 2012 until the By-law takes effect. This would let the Preservation Chair acquire interim members in order to get the NCD up and running as quick as possible.

Preservation Chair James Batchelor stated that he is willing to help out in this matter. The Board thanked the members of the Commission who agreed to serve in this roll. The goal is to have a Commission up and running that is well suited to take on this task.

Voted to authorize the Chairman of the Preservation Commission to make Interim appointments to a transitional Hancock Village Neighborhood Conservation District Commission (HV-NCD) at the first scheduled Preservation Commission meeting after the enabling bylaws are approved and posted. The Interim members shall serve until such time as members of the permanent HV-NCD Commission can be appointed with proper public notice according to Sec. 5.10.4 of the NCD bylaw.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 12/13/2011 Page 5 of 16

BOARDS AND COMMISSIONS - INTERVIEWS

The following candidates for appointment/reappointment to Boards and Commissions appeared for interview:

Preservation Commission Peter A. Kleiner

Applicant Peter Kleiner is an architect having practiced for over 15 years, Mr. Kleiner has worked on many historic buildings both private and Municipal. He is a recipient of the Preservation Massachusetts, Paul E. Tsongas Award, as well as numerous other awards, and professional affiliations. Mr. Kleiner graduated from Syracuse University with a Bachelor of Architecture.

Human Resources Board Beth Venti

Beth Venti was employed as the Regional Human Resources Manager for Blockbuster, Inc, where she was involved in all aspects of Human Resources including employee relations, labor laws, recruitment, staffing, training, performance management, and benefits. Ms. Venti is a member of Society for Human Resource Management.

HUBWAY

Planning and Community Development Director Jeff Levine will appear to update the Board on the Town's plans to join the regional bicycle sharing system known as Hubway in the Spring of 2012.

a. Question of approving and executing a grant agreement with the Mass Department of Transportation Clean Air and Mobility Program in the amount of $96,308 for "Year One Bikeshare" to partially cover capital and operating costs of Hubway with the understanding that an additional $90,000 is programmed in the FY2013 Transportation Improvement Program as "Year Two Bikeshare".

b. Question of approving and executing a Memorandum of Agreement with the Metropolitan Area Planning Council to access a Federal Transit Administration Bus and Bus Livability Grant Program to partially fund capital and launch costs for Hubway

c. Question of approving and executing a contract with Alta Bikeshare Incorporated in the amount of $378,023.02 for procurement and operations of bicycle share stations in Town, including options to terminate for lack of funds. Said contract to be funded

In Board of Selectmen 12/13/2011 Page 6 of 16

as follows:

$148,680.74 Federal Transit Administration funds (administered by the MAPC)

$179,737.68 State Clean Air and Mobility Funds

$ 26,104.60 Gateway East Gift Account 1720SG43 482030

$ 25,000.00 Hubway Gift Account SG561720SG56

d. Question of approving a regional Memorandum of Agreement with the Metropolitan Area Planning Council and the Cities of Boston, Cambridge and Somerville to jointly manage the Hubway System, and further authorizing the Chair of the Board to approve minor modifications to this regional agreement that, in her opinion, would not negatively impact the Town.

e. Question of designating Planning and Community Development Director Jeff Levine Brookline's "Project Officer" as per the Alta contract, Brookline's Project Manager" as per the MAPC Memorandum of Agreement and Brookline's "Representative as per the Hubway Regional Memorandum of Agreement.

Planning and Community Development Director Jeff Levine stated that Town Meeting supported a regional bike system in 2010. In 2011 it was recommended that Brookline participate in the Hubway System. The System has been launched in Boston with about 140,000 riders and has exceeded everyone’s expectations with only two minor incidents. The Commission would like to have more than two stations as originally planned. Having revisited this possibility, a plan has been drawn to introduce 4 docking stations. Right now Brookline Village and Coolidge Corner have been designated as potential docking station areas. Selectman Mermell added that if a location is deemed to be unsuccessful, there is the possibility to move the stations for a nominal fee. Longwood T stop, the St. Mary’s area, and Washington Square are areas of interest.

Scott Mullen, General Manager of the Hubway, a Seattle based organization, stated that there were 3600 plus members who showed immense support for the System right at the get go. The two reported instances have been miner accidents with no injuries sustained.

Mr. Levine reviewed the contract, and stated that the Town matches donation of $25,000 from Children’s Hospital and there is currently a gap of $3,000, which they are working on closing through private donations. Selectman Mermell added that they are very optimistic that funding will be found. Selectman Goldstein asked about

In Board of Selectmen 12/13/2011 Page 7 of 16

advertising and how it will be implemented. Mr. Levine replied that no community is required to sell advertising on their stations. Bikes have the option to put a logo on the fenders, but the stations will not have any advertising on them. Bikes coming into Brookline may have advertising on them, but Brookline owned bikes will not have advertising on them as of now. Selectman Mermell said that there have not been any issues about this from program donors, and there was not a necessity to push this issue. Selectman Goldstein wondered if this is a missed revenue opportunity. Mr. Levine replied that it is not necessary for revenue at this point, going forward we can look into it.

Selectman Goldstein asked about helmets and what the final resolution is. Town Counsel Jennifer Gilbert stated that this is an issue; in the documents we are required by State statute to make available helmets. Boston’s position is that making helmets available is what Alta does; they are made available through purchase. They have agreements for discounted helmets with local vendors. Ms. Gilbert pointed out that there needs to be a change in the actual agreement. She would like to add additional indemnity language to hold harmless in section 9.1. Alta is indemnifying the Town on this issue. Selectman Benka is uncomfortable with this because the “making helmets available” language can apply to the regularly subscribed member, but what about the casual user who may rent the bike for a day of two. Ms. Gilbert referred to the bicycle rental agreement that clarifies that it includes a casual member. Selectman Benka asked how you would make sure that a causal member agreed to this. Mr. Mullen replied that this is on the screen and you have to opt in. Boston has a map with helmet icons that indicated locations for discounted helmets. Selectman Benka noted that under state law if you display a sign you have no liability as a renter, he would like to ensure that the sign is displayed at every location in Brookline. He urged all parties to look into this, and would like it in the agreement. Selectman Benka also raised the question about minors under 18 without parents present. How would it apply to them, because a minor cannot enter into a contract? Parents can, under the plan, authorize a 16 or 17 year old to be a subscriber. He suggests that the parent must also agree to indemnify the Town. Mr. Mullen will get clarification on this. Selectman Benka would like to add “subject to the approval of Town Counsel” on all issues to protect all parties.

Selectman Goldstein brought up the fact that some users were not aware that the program ends during the winter months. Mr. Mullen stated that it came to their attention that some members were unhappy not realizing that this is a seasonal program. The program operates March 1 through November. Selectman Daly brought up the credit card requirement and wonders if this covers the use of minors since the parent authorizes the use of the credit card. Mr. Mullen stated that the users must be 16 and over to participate. Selectman Mermell acknowledged that this is a very detail oriented project and everyone has put in an enormous amount of work into it. Chairman DeWitt thanked Selectman Mermell and the Bike Sharing Committee; it has been a thorough and thoughtful process.

In Board of Selectmen 12/13/2011 Page 8 of 16

On motion it was,

Voted to approve and execute a grant agreement with the Mass Department of Transportation Clean Air and Mobility Program in the amount of $96,308 for "Year One Bikeshare" to partially cover capital and operating costs of Hubway with the understanding that an additional $90,000 is programmed in the FY2013 Transportation Improvement Program as "Year Two Bikeshare", as approved by Town Counsel.

Voted to approve and execute a Memorandum of Agreement with the Metropolitan Area Planning Council to access a Federal Transit Administration Bus and Bus Livability Grant Program to partially fund capital and launch costs for Hubway, as approved by Town Counsel.

Voted to approve and execute a contract with Alta Bikeshare Incorporated as amended, with $15,000 changed for $20,000 and approved by Town Counsel in the amount of $378,023.02 for procurement and operations of bicycle share stations in Town, including options to terminate for lack of funds, as amended with Town Counsel’s final approval. Said contract and the MAPC contract to be funded as follows:

$148,680.74 Federal Transit Administration funds (administered by the MAPC)

$179,737.68 State Clean Air and Mobility Funds

$ 26,104.60 Gateway East Gift Account 1720SG43 482030

$ 25,000.00 Hubway Gift Account SG561720SG56

Voted to approve a regional Memorandum of Agreement with the Metropolitan Area Planning Council and the Cities of Boston, Cambridge and Somerville to jointly manage the Hubway system, and further authorizing the Chair of the Board to approve minor modifications to this regional agreement that, in her opinion, would not negatively impact the Town, as approved by Town Counsel.

Voted to designate Planning and Community Development Director Jeff Levine Brookline's "Project Officer" as per the Alta contract, Brookline's Project Manager" as per the MAPC Memorandum of Agreement and Brookline's Representative” as per the Hubway Regional Memorandum of Agreement.

In Board of Selectmen 12/13/2011 Page 9 of 16

2012 LICENSE RENEWALS

Question of renewing the following licenses for 2012:

Coin-Operated Amusement Devices Common Victualler Entertainment (Weekday/Sunday) Food Vendors Innholder Liquor Secondhand Motor Vehicles - Class I & II

Chairman DeWitt stated that each category will be looked at, in some cases there were some non- submissions. This year the Police Department has attached call logs pertaining to some applicants. There were no serious offenses listed.

COIN-OPERATED AMUSEMENT DEVICES

On motion it was,

Voted to approve the following Coin-Operated Amusement Devices

307A Harvard Street Number 2, Inc. 2 Machine d/b/a Coolidge Corner Clubhouse Mega-Touch Maxx Trivia Andrew Pomper, Pres Golden Tee 1999

40 Kent Street Brookline Lodge of Elks#866 3 Machines Trivia GT 2001 Juke Box Pool Table

COMMON VICTUALLER LICENSES

On motion it was,

Voted to approve the following Common Victualler Licenses

The Soup Factory, 4 Brookline Place

In Board of Selectmen 12/13/2011 Page 10 of 16

YoBro, 141 Cypress Street

Sealey’s Lunch, 147 Cypress Street

Peet’s Coffee & Tea, 285 Harvard Street

Pita Pit, 479 Harvard Street

Rami’s 324 Harvard Street

with the condition subject to filing of appropriate renewal papers, the payment of $50.00 late fee charge and payment of any outstanding taxes.

On motion it was,

Voted 4-0 approve the following Common Victualler Licenses

(Selectman Goldstein recused himself, his Law firm represents the following establishments)

Doolin Cottage Corp. D/B/A The Public House, 1648-1650 Beacon Street

Roadhouse Inc. D/B/A American Craft, 1700 Beacon Street

Koto Japanese Inc. D/B/A Osaka Japanese Sushi and Steak House, 14 Green Street

Fare Share, Inc. D/B/A Village fare Pizza 387 Washington Street

On motion it was,

Voted to approve the following Common Victualler Licenses (as attached)

ENTERTAINMENT LICENSE (WEEKDAY/SUNDAY)

On motion it was,

Voted to approve the following Entertainment License (Weekday/Sunday)

Peet’s Coffee & Tea, 285 Harvard Street

Pita Pit, 479 Harvard Street

In Board of Selectmen 12/13/2011 Page 11 of 16

with the condition subject to filing of appropriate renewal papers, the payment of $50.00 late fee charge and payment of any outstanding taxes.

Voted 4-0 to approve the following Entertainment License (Weekday/Sunday)

(Selectman Goldstein recused himself, his Law firm represents the following establishments)

Doolin Cottage Corp. D/B/A The Public House, 1648-1650 Beacon Street

Radio, TV, Taped Music, Flute, Fiddle, Bodhran, Acoustic Guitar, 8 instrumental at a time

Roadhouse Inc. D/B/A American Craft, 1700 Beacon Street

TV & Taped Music

Koto Japanese Inc. D/B/A Osaka Japanese Sushi and Steak House, 14 Green Street

TV & Taped Music

On motion it was,

Voted to approve the following Entertainment License (Weekday/Sunday) (as attached)

FOOD VENDORS

On motion it was

Voted to approve the following Food Vendor Licenses

7-Eleven 1633 Beacon Street

Mangia Neapolitan Pizzeria 10 Cypress Street

with the condition subject to filing of appropriate renewal papers, the payment of $50.00 late fee charge and payment of any outstanding taxes.

On motion it was

Voted to approve the following Food Vendor Licenses (as attached)

In Board of Selectmen 12/13/2011 Page 12 of 16

INNHOLDER LICENSE

On motion it was

Voted to approve the following Innholder Licenses

1200 Beacon Street

Boston Hospitality SPVEF, LLC d/b/a Holiday Inn Brookline Robert James Anderson, Manager, Sunday12n-2am Mon-Friday 8am-2am Saturday 8am-1am

40 Webster Street

Hersha Hospitality Management L.P. d/b/a Brookline Courtyard by Marriott Catherine M. O’Brien, Manager Sunday 12n-12m Mon-Saturday 8am-12m

LIQUOR LICENSES

On motion it was

Voted 4-0 to approve the following Liquor Licenses

(Selectman Goldstein recused himself, his Law firm represents the following establishments)

Doolin Cottage Corp. D/B/A The Public House, 1648-1650 Beacon Street

Roadhouse Inc. D/B/A American Craft, 1700 Beacon Street

Koto Japanese Inc. D/B/A Osaka Japanese Sushi and Steak House, 14 Green Street

Brookline Market d/b/a Kurkmans Market, 227A Cypress Street

On Motion it was

Voted to approve the following Liquor Licenses (as attached)

*Subject to favorable fire inspections.

In Board of Selectmen 12/13/2011 Page 13 of 16

SECONDHAND MOTOR VEHICLES-CLASS I & II

On motion it was

Voted to approve the following Secondhand Motor Vehicles-Class I & II

(as attached)

BOARD AND COMMISSION APPOINTMENTS

Question of making possible appointments to the following Boards and Commissions:

Human Relations/Youth Resources Human Resources Board Naming Committee Park and Recreation Commission Preservation Commission

Human Relations/Youth Resources

On motion it was

Voted to re-appoint Laurie Dopkins to the Human Relations/Youth Resources Commission for a term ending August 31, 2014 or until a successor can be appointed.

Voted to re-appoint Larry Onie to the Human Relations/Youth Resources Commission for a term ending August 31, 2014 or until a successor can be appointed.

Voted to re-appoint Agnes Rogers to the Human Relations/Youth Resources Commission for a term ending August 31, 2014 or until a successor can be appointed.

Voted to appoint Georgi Vogel Rosen to the Human Relations/Youth Resources Commission for a term ending August 31, 2014 or until a successor can be appointed.

Voted re-appoint Paula Schneider as Associate member to the Human Relations/Youth Resources Commission for a term ending August 31, 2014 or until a successor can be appointed.

In Board of Selectmen 12/13/2011 Page 14 of 16

Human Resources Board

On motion it was

Voted to re-appoint Ken Kurnos to the Human Resources Board for a term ending August 31, 2014 or until a successor can be appointed.

Voted to appoint Beth Venti to the Human Resources Board for a term ending August 31, 2014 or until a successor can be appointed.

Naming Committee

On motion it was

Voted to re-appoint Fred LeBow to the Naming Committee for a term ending August 31, 2014 or until a successor can be appointed.

Voted to re-appoint Carla Benka to the Naming Committee for a term ending August 31, 2014 or until a successor can be appointed.

Park and Recreation Commission

On motion it was

Voted to re-appoint Carla Batchelor to the Park and Recreation Commission for a term ending August 31, 2014 or until a successor can be appointed.

Voted to re-appoint Dan Lyons to the Park and Recreation Commission for a term ending August 31, 2014 or until a successor can be appointed.

Voted to re-appoint Nancy O’Connor to the Park and Recreation Commission for a term ending August 31, 2014 or until a successor can be appointed.

Preservation Commission

On motion it was

Voted to re-appoint James Batchelor to the Preservation Commission for a term ending August 31, 2014 or until a successor can be appointed.

In Board of Selectmen 12/13/2011 Page 15 of 16

Voted to re-appoint Elton Elperin to the Preservation Commission for a term ending August 31, 2014 or until a successor can be appointed.

Voted to appoint Paul Bell as a full member to the Preservation Commission for a term ending August 31, 2012 or until a successor can be appointed

Voted to appoint Peter Kleiner to the Preservation Commission as an alternate member for a term ending August 31, 2013 or until a successor can be appointed

Voted to appoint Rick Schmidt to the Preservation Commission as an alternate member for a term ending August 31, 2014 or until a successor can be appointed

EXTRA WORK ORDER

Question of approving Extra Work Order No. 1 in the amount of $300.00 for work to be performed by Commonwealth Guardrail, in connection with Contract No. PW/12-14 "Repairing Guardrail along Newton Street”. Said work order to be funded from account 4911K039 6T0038.

On motion it was

Voted to approve Extra Work Order No. 1 in the amount of $300.00 for work to be performed by Commonwealth Guardrail, in connection with Contract No. PW/12-14 "Repairing Guardrail along Newton Street”. Said work order to be funded from account 4911K039 6T0038.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of awarding and executing Contract No. PW/12-24 "Water Main Improvements Program" in the amount of $55,000.00 with Weston & Sampson Engineers, Inc. Said contract to be funded from account 4997C170 6C0004 (DPW CIP - Water Main Imprv.)

On motion it was

Voted to award and execute Contract No. PW/12-24 "Water Main Improvements Program" in the amount of $55,000.00 with Weston & Sampson Engineers, Inc. Said contract to be funded from account 4997C170 6C0004 (DPW CIP - Water Main Imprv.)

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

In Board of Selectmen 12/13/2011 Page 16 of 16

EXTRA WORK ORDER

Question of approving Extra Work Order #1 in the amount of $5,465.00 for work to be completed by Sealcoating, Inc. of Hingham in connection with Contract No. PW/12-18 "Fiber Reinforced Crack Sealing". Said work order to be funded from account 4911K058 6H0026.

On motion it was

Voted to approve Extra Work Order #1 in the amount of $5,465.00 for work to be completed by Sealcoating, Inc. of Hingham in connection with Contract No. PW/12-18 "Fiber Reinforced Crack Sealing". Said work order to be funded from account 4911K058 6H0026.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

EXTRA WORK ORDER

Question of approving the following Extra Work Orders for work to be performed by G&R Construction in connection with the Runkle School Building Project. Said work orders to be funded from account 2594C165 6C0002:

Work Order #19 $49,297.00 Work Order #20 $46,744.00 Work Order #21 $38,484.00 Work Order #22 $39,354.00

Project Administrator Tony Guigli reviewed the extra work orders but inadvertently did not submit some supporting documents.

The Board held this item.

MAPC APPLICATION

Question of authorizing the Town Administrator to submit an application for the MAPC's Local Energy Action Program (LEAP).

On motion it was

Voted to authorize the Town Administrator to submit an application for the MAPC's Local Energy Action Program (LEAP).

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

There being no further business, the Chair adjourned the meeting at 8:50 pm. ATTEST

MINUTES

BOARD OF SELECTMEN

IN BOARD OF SELECTMEN

12/20/2011 th 6 FLOOR HEARING ROOM

Present: Chairman Betsy DeWitt, Selectman Nancy Daly Selectman Jesse Mermell, Selectman Richard Benka, Selectman Kenneth Goldstein

The Minutes of December 13, 2011 were approved as amended

ANNOUNCEMENTS

Selectmen to announce recent and/or upcoming Events of Community Interest.

There will be no meeting on Tuesday December 27 and January 3

PUBLIC COMMENT

Public Comment period for citizens who requested to speak to the Board regarding Town issues not on the Calendar.

MISCELLANEOUS

Approval of miscellaneous items pgs. licenses, vouchers, and contracts.

PUBLIC SAFETY PERSONNEL

Question of authorizing the filling of the following vacancies in the Public Safety Office:

Public Safety Dispatch Supervisor E911 Dispatcher

In Board of Selectmen 12/20/2011 Page 2 of 15

Chief O’Leary stated that sadly the former Dispatch Supervisor has passed away. In the interim a temporary position was filled. Both Public Safety Division officials have approved the permanent position to the temporary employee, who has been working out well. This will result in an opening as E911 Dispatcher.

On motion it was,

Voted to authorize the filling of the following vacancies in the Public Safety Office:

Public Safety Dispatch Supervisor E911 Dispatcher

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

BUILDING DEPARTMENT - PERSONNEL

Question of authorizing the filling of a vacancy in the position of Chief Building Inspector (T-10) in the Building Department.

Building Commissioner Mike Shepard noted first that he is thankful to have Project Administrator Tony Guigli on his team. Commissioner Shepard updated the Board on the previous position of Deputy Building Commissioner. After some consideration he is requesting that the position be dropped to Chief Building Inspector. He feels that this position is better suited for the Department and the residents.

The Board acknowledged that Mr. Shepard has been providing the duties of the vacant position with no additional cost to the Town. It is an important position in the Town. The Selectman expressed their appreciation.

On motion it was,

Voted to authorize the filling of a vacancy in the position of Chief Building Inspector (T-10) in the Building Department.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

RECREATION DEPARTMENT - PERSONNEL

Question of authorizing the filling of a vacancy in the position of Golf Operations Mgr/Head Professional (T-8) at the Golf Course.

In Board of Selectmen 12/20/2011 Page 3 of 15

Director of Recreation Lisa Paradise stated that incumbent Brian Bain has been offered a position by the PGA in a Regional Manager aspect. She is pleased with his success. This new position will combine two vacant positions.

On motion it was,

Voted to authorize the filling of a vacancy in the position of Golf Operations Mgr/Head Professional (T-8) at the Golf Course.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

BEAVER COUNTRY DAY - PILOT/LICENSE AGREEMENTS

Question of approving and executing a PILOT and Licensing Agreements with Beaver Country Day School.

Director of Finance Stephen Cirillo stated that this agreement involves three organizations, the Beaver County Day, the Park and Recreation Commission, and the Town. The negotiations between multiple participants can be a complicated process. Beaver County Day officials have been a pleasure to work with. Mr. Cirillo reviewed the two documents and the funding schedule agreement. Either party could opt out of the agreement at the end of years six and twelve. There is an exchange of service clauses in the agreements which allow both the school and the Town to continue to use each other’s fields. The level of services provided to either party is the same as that provided in the past years. The field use agreement will not interfere with other outside organizations currently using the fields.

Beaver Country Day representative Charles Campion, Dean Road stated that the Town staff did a great job, and he is excited to enter this deal with the Town of Brookline. There has been an excellent relationship with the Public Safety Departments and the field use exchange. Brookline is a Town with a limited amount of land it is important to share the field. Beaver Country Day representative Peter Hutton 333 Woodland Road added that there has been a terrific relationship with the Town in his 20 years with the School; it has been a positive relationship. The school is growing and it is the first private school to enter into a PILOT with Brookline; they are glad to be here.

Director of Recreation Lisa Paradis stated that it has been a pleasant process, and they have enjoyed a shared use of fields. Their fields are as important to them as ours are to us.

Selectman Daly stated that she is not happy about this. We are going to turn over two fields of the Town to a private entity. It is a highly competitive environment to get use of these fields. The Soule field is more accessible and also a field that we got money from the soccer club to put artificial turf on, it is not fair to turn this field over to

In Board of Selectmen 12/20/2011 Page 4 of 15

Beaver Country Day School. Before we take Town fields and turn them over to a private entity, it should be discussed in a broader public meeting. Selectman Daly noted that when her daughter played sports in High School, it was not that easy to get to the fields because of the many uses from non-school entities using the fields, and 14 year-old girls were told to take the "T” and transfer to a bus to get to Larz Anderson for practice.

Ms. Paradis replied that the High School has not used these fields in years. Their preference is to use Downs, Larz Anderson and Cypress Fields. This agreement has been in existence for 15 plus years and Beaver County Day School uses them at a time when Brookline does not use them, and we use theirs when they don't need them. They have not felt a loss of the fields at the times when Beaver uses them. There is an opt out clause in years six and twelve if the agreement does not appear to be working out. Selectman Goldstein noted the travel soccer organization had done private fund raising to replace the turf on the field and was surprised that they do not want to use that field on times in question. Ms. Paradise stated that most of the coaches work full time and prefer the after 5:00 schedule, they use the fields Monday-Friday at 5:30 or after. They are aware of the use and this agreement and have no issues with it; they have been co- existing there for some time. Selectman Daly said that within the last ten years, the girl’s lacrosse team had to be rerouted. Ms. Paradise replied that in no way have we limited the Town’s schools usage at all the fields, they are the top priority.

Selectman Benka asked about revoking the license agreement if desired. Mr. Cirillo replied that the license can be revoked by the Board of Selectmen at any time. Should it be revoked, Beaver Country Day can opt out of the PILOT program. Selectman Benka would like to see that in the Agreement.

Attorney Robert Allen representing Beaver Country Day stated that this agreement did not start as a revocable license; it was Town Counsel’s suggestion. His understanding is that the Board of Selectmen can revoke it at anytime. This was the understanding at the drafting of the agreement. Selectman Benka wants to make sure that everyone understands that if the Town teams or the School Department teams have a need for the field that the Town could terminate the agreement. Attorney Allen added that this is a year to year license, he is glad to look at any language.

Attorney Allen took note of where the Town was a few years back on PILOT agreements, and where it is now due to Mr. Cirillo ‘s diligence, and it is remarkable how Beaver Country Day School has stepped up to participate. The Board noted that the School has been a good citizen over the years. Mr. Cirillo will work on the language subject to approval by Town Counsel.

Selectman Daly held this vote.

Selectman Benka added that everyone has come here in good faith, there is no need for

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everyone to return for the vote.

LODGING HOUSE RENEWALS

Question of approving Lodging House Renewals for 2012.

Chairman Betsy DeWitt stated that all of the Lodging House Licenses are subject to the final favorable report from the Fire Department.

On motion it was,

Voted to approve the following Lodging House License Renewals for 2012.

1459 Beacon Street Charles Pappas 17-19 Littell Road Shawn LaCount & Terry Deletesky

With the condition subject to the filing of all appropriate forms, a $50 late fee and payment of any outstanding checks, and final favorable report from the Fire Department.

Voted to approve the following Lodging House License renewals (as attached), with the exception of

105 Marion Street Wenhua Jiang

With the condition of final favorable report from the Fire Department.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

FOOD VENDOR LICENSE

Question of approving the application of Yang Cheng, Inc., d/b/a Yummy House Restaurant, Hang Tat Leung, Owner for a Food Vendor License at 1391 Beacon Street.

Attorney Meihuei Hu representing the applicant stated that they have met with the required officials, and all papers are in order.

Chairman DeWitt reminded them that there is a condition that there be a staff person at the establishment during operational hours that can speak English to interact with the public.

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On motion it was,

Voted to approve the application of Yang Cheng, Inc., d/b/a Yummy House Restaurant, Hang Tat Leung, Owner for a Food Vendor License at 1391 Beacon Street.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

ALL KINDS OF ALCOHOL SEASONAL COMMON VICTUALLER LICENSE

Question of approving the application of Grill on the Green, Inc., d/b/a VineRipe Grill, Lisa Wisel, Owner for a Seasonal All Kinds of Alcoholic beverages license as a Common Victualler at 1281 West Roxbury Parkway.

Attorney Robert Allen stated that because the restaurant is a seasonal operation they forfeited the full liquor license for a seasonal one. The return of the full liquor license goes back into the Town’s inventory, and the seasonal license stays with the location as part of the agreement between this establishment and the Town. They have notified over 200 neighbors about this application. The only changes are that they now have the opportunity to serve all kinds of alcohol. This is another opportunity for this establishment to succeed.

On motion it was,

Voted to approve the application of Grill on the Green, Inc., d/b/a VineRipe Grill, Lisa Wisel, Owner for a Seasonal All Kinds of Alcoholic beverages license as a Common Victualler at 1281 West Roxbury Parkway.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

WINE/MALT COMMON VICTUALLER - TRANSFER

Continued Public Hearing on the application of Ginga Japanese Restaurant, Inc. d/b/a Ginga Japanese Restaurant, Jason Lenh Owner, holder of a Wine & Malt beverages license as a Common Victualler at 1393 Beacon Street, for a transfer of said license to CF Restaurant, Inc., d/b/a U Sushi, Fan Lin, President, Stella Sun, Manager. Said license to be issued at a time to be determined by the Selectmen's Office and to be exercised at the present location and the same business to be carried on as heretofore.

a. Question of approving the application of CF Restaurant, Inc. d/b/a U Sushi Fan Lin, President, Stella Sun, Manager for a Common Victualler License at 1393 Beacon Street. Said license to be issued at a time to be determined by the Selectmen's Office.

b. Question of approving the application of CF Restaurant, Inc. d/b/a U Sushi San Lin,

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President Stella Sun, Manager for an Entertainment License to include a Radio at 1393 Beacon Street. Said license to be issued at a time to be determined by the Selectmen's Office.

Attorney Ka Yung Wong representing the applicant stated that they have previously filed an application, but there were issues regarding the manager’s language skills and concerns about the ability to interact with the public. A new manager is proposed, Stella Sun, she is Serve Safe certified. Ms. Sun reviewed their policy on alcohol serving.

On motion it was,

Voted to approve the application of Ginga Japanese Restaurant, Inc. d/b/a Ginga Japanese Restaurant, Jason Lenh Owner, holder of a Wine & Malt beverages license as a Common Victualler at 1393 Beacon Street, for a transfer of said license to CF Restaurant, Inc., d/b/a U Sushi, Fan Lin, President, Stella Sun, Manager. Said license to be issued at a time to be determined by the Selectmen's Office and to be exercised at the present location and the same business to be carried on as heretofore.

Voted to approve the application of CF Restaurant, Inc. d/b/a U Sushi Fan Lin, President, Stella Sun, Manager for a Common Victualler License at 1393 Beacon Street. Said license to be issued at a time to be determined by the Selectmen's Office.

Voted to approve the application of CF Restaurant, Inc. d/b/a U Sushi San Lin, President Stella Sun, Manager for an Entertainment License to include a Radio at 1393 Beacon Street. Said license to be issued at a time to be determined by the Selectmen's Office.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

HOUSING TRUST FUND-Postponed

Question of approving the allocation of Housing Trust Funds to the Brookline Improvement Coalition for the purchase of a condominium unit.

BOARDS AND COMMISSIONS - APPOINTMENTS

Question of making appointments to the following Boards/Commissions:

Brookline Access Television Naming Committee (Alternate)

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Brookline Access Television

On motion it was,

Voted to re-appoint Albert Davis to the Brookline Access Television Board for a term ending August 31, 2014 or until a successor can be appointed.

Voted to re-appoint Peter Miller to the Brookline Access Television Board for a term ending August 31, 2014 or until a successor can be appointed.

Voted to re-appoint William Slotnick to the Brookline Access Television Board for a term ending August 31, 2014 or until a successor can be appointed.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

Naming Committee (Alternate)

On motion it was,

Voted to re-appoint Harry Friedman as an alternate member to the Naming Committee for a term ending August 31, 2014 or until a successor can be appointed.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

MISCELLANEOUS

DONATION

Question of accepting a donation in the amount of $250 from the Brookline Rotary Club for the Martin Luther King Celebration.

Rita McNally of the Human Relations Youth Resources Commission stated that the Brookline Rotary Club has given $250 for the MLK celebration. The celebration will include singers, speakers and other events on Monday January 16th at the Coolidge Corner theatre. Ms. McNally added that the Rotary Club has given to this event in the past, and she thanked them.

Selectman Mermell stated that the event has been a success in the past, and there is a lot of community involvement in this celebration. The special speaker is Callie Crossley from WGBH Radio.

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On motion it is,

Voted to accept a donation in the amount of $250 from the Brookline Rotary Club for the Martin Luther King Celebration.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CERT AWARD

Recognition of receipt of an Honorable Mention Award in the FEMA Individual and Community Preparedness Award by the Town's Citizen's Emergency Response Team (CERT), Medical Reserve Corps. and Emergency Management Team.

Chief O'Leary stated that the CERT team has been awarded an Honorable Mention in the 2011 FEMA Individual and Community Preparedness. The team submitted what they believe is best practice to FEMA upon their request. The CERT team detailed the events that occurred during the MWRA Water Emergency in May 2010. In a collaborative effort, this was a successful undertaking, and has been recognized nationally. Chief O'Leary praised the CERT team and thanked them for their community work.

Officer Casey Hatchett co-coordinator of the CERT program stated that there are now 125 members in the program. There is training required to become certified which includes first aid CPR, and other safety drills. There are regular training sessions. A program the CERT is working on is identifying members of the community that may require additional assistance in the event of an emergency. There are no specific requirements, but members need to commit to the training program.

Dawn Sibor from the Medical Reserve Corps stated that this group includes both those in the medical field and those who are not, and the time commitment is up to the individual. Training is ongoing throughout the year. They work on the shelters and immunizations, and preparedness. Both the CERT team and the Medical Reserve Corps work collaboratively.

The Board noted that the Town could not run without all the citizens and volunteers that come together in the event of a crisis, and every day events. To be recognized nationally is a great honor to the Town. The Board is proud to have volunteers willing to take care of the community especially those who need help the most.

GRANT

Question of accepting a grant in the amount of $4,950.00 from the State's Executive Officer of

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Public Safety and Security to be used to fund three separate traffic enforcement mobilizations to deal with traffic related problems.

Chief O'Leary stated that on a regular basis the Police Department applies for this grant. These funds will be used for traffic enforcement mobilizations to concentrate on alcohol impaired drivers, and seat belt enforcement/awareness.

On motion it was,

Voted to accept a grant in the amount of $4,950.00 from the State's Executive Officer of Public Safety and Security to be used to fund three separate traffic enforcement mobilizations to deal with traffic related problems.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

MWRA

Question of accepting $8,271,409 from the MWRA for the lower Beacon Street Sewer Separation Project.

a. Question of approving Amendment #9 to Contract PW/07-03 "Sewer Separation Design Contract in the amount of $830,246.00. Said amendment to be funded from account 4995SW54 524003 (Sewer Separation).

Director of Engineering Peter Ditto stated that of the $8,271,409, $830,246 will be used to fund Amendment No. 9. The Board needs to approve the whole amount first in order to disperse for this Amendment.

The Selectmen are very concerned about the disruption in the area, and the struggles it is causing to the merchants there.

Mr. Ditto reviewed the lower Beacon Street Project for the Board. In the Spring 5 locations will be reconnected to the sewer lines. The sidewalk will be dug up but not as much as they have been. Selectman Benka asked if there will be accommodations for pedestrians. Mr. Ditto stated that they will barricade off an area for them to walk through with a police detail to provide escorting if needed. On the outbound side a new storm drain and sanitary sewer will be going in. In the next block up, at Monmouth and Carlton the new pipe will be connected. This will be invasive excavation to get this structure in. East of Carlton Street is substantially complete. The pipe there needs to be tied in. The schedule shows completion in January 2013, he anticipates it to be completed sooner.

Town Administrator Mel Kleckner stated that he is looking to go out into the neighborhood with other municipal officials to try to answer any questions that they

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can; not only about the sewer project but other major impacts that are occurring in that area.

On motion it was,

Voted to accept $8,271,409 from the MWRA for the lower Beacon Street Sewer Separation Project.

Voted to approve Amendment #9 to Contract PW/07-03 "Sewer Separation Design Contract in the amount of $830,246.00. Said amendment to be funded from account 4995SW54 524003 (Sewer Separation).

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

EXTRA WORK ORDER

Question of approving the following Extra Work Orders for work to be performed by G&R Construction in connection with the Runkle School Building Project. Said work orders to be funded from account 2594C165 6C0002:

Change Order #19 $49,297.00 Change Order #20 $46,744.00 Change Order #21 $38,484.00 Change Order #22 $39,354.00

Selectman Daly stated that this project continues to present some difficulties due to unforeseen conditions. Project Administrator Tony Guigli stated that the change orders include modify lintel on column line "n", de-lead steel beams and various ACM removals, and provide 2 openings in the masonry wall on column line 2.

Selectman Goldstein wanted to know why a lot of the conditions requiring these change orders did not show up in the original drawings. This is a concern. He feels that they should have been included in the architect’s plans. Mr. Guigli stated that he is not ready to go into detail about this complex issue; he would like to hear from the Building Commission first, they share the same concerns. Chairman DeWitt added that this is time sensitive, and things need to be fixed in order for the project to move forward. Selectman Benka added that these change orders are for the contractor and the subcontractor. The contractor is bidding what is on the drawings; he shares Selectmen Goldstein’s concerns about the quality of the architect’s drawings. The Town should be reserving its rights against the architect not only with regard to modifications like this, but also rooftop units. These change orders are directed to the contractor and not the architect. He suggested that Town Counsel review this. Selectman Mermell stated that approving these change orders will not hinder anything, but feels that there seems to be a large number of change orders to date for this project. Mr. Guigli replied that this will

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require careful investigations, it is a difficult project, and should they be approved tonight, they will be at 4% of change orders, which is still within the contingency.

Selectman Goldstein is adding language to the vote.

Voted to approve the following Extra Work Orders for work to be performed by G&R Construction in connection with the Runkle School Building Project. Said work orders to be funded from account 2594C165 6C0002: and To ask Town Counsel and the Building Commission to investigate all change orders with a review to establish liability of third parties.

Change Order #19 $49,297.00 Change Order #20 $46,744.00 Change Order #21 $38,484.00 Change Order #22 $39,354.00

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

EXTENSION OF CLOSING HOURS

Question of approving the request of Bombay Bistro, Inc. d/b/a Rani, Samir S. Majmudar, Manager, holder of an All Kinds of Alcoholic Beverages license as a Common Victualler at 1353 Beacon Street for extension of closing hours on New Year's eve from 11pm to 1am.

On motion it was,

Voted to approve the request of Bombay Bistro, Inc. d/b/a Rani, Samir S. Majmudar, Manager, holder of an All Kinds of Alcoholic Beverages license as a Common Victualler at 1353 Beacon Street for extension of closing hours on New Year's eve from 11pm to 1am.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

PERMIT TO SERVE ALCOHOLIC BEVERAGES (NO-SALE)

Question of granting a Permit to serve alcoholic beverages (no-sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

January 9th Employee Appreciation Party 5:30pm -11pm

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January 14th Annual Museum Winter Party 5:30pm-11pm

January 28th 75th Birthday Party 5:30PM-11PM

On motion it was,

Voted to grant a Permit to serve alcoholic beverages (no-sale) to Larz Anderson Auto Museum in connection with the following events to be held at 15 Newton Street:

January 9th Employee Appreciation Party 5:30pm -11pm

January 14th Annual Museum Winter Party 5:30pm-11pm

January 28th 75th Birthday Party 5:30PM-11PM

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of approving and executing a contract with HMFH Architects, Inc. in the amount of $100,000 in connection with the Devotion School Concept Study. Said Contract to be funded from 2507K044 6B0106.

Project Administrator Tony Guigli stated that HMFH was the top ranked firm by a committee of seven. This contract is to take a look in a very broad sense of some options to either renovate or replace the Devotion School, and to map out some strategies on how to handle the increasing student enrollment. Chairman DeWitt stated that it is very important for us to be prepared to provide additional classrooms and satisfy state qualifications for funding.

Town Administrator Mel Kleckner added that it is important to allow decisions makers to hone in and address the enrollment crunch, and to incorporate looking at the entire site in order to keep the school going while renovations are going on. There are a number of issues involved here; all interested groups will be involved in the process.

Selectman Benka stated that it looks as though the original idea was to compare two options; one a single phase off- site, and another one phasing it with some students

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being off site. There is now a third option proposed by the Schools, to construct a new building and tear down the existing building. As written, the agreement does not clearly incorporate all the scenarios. He is concerned about the language of the letter agreement and would like to incorporate clear responsibility to study this third School. Chairman DeWitt added that the architect knows what is expected. They could add something that has not been considered yet, or there could be soil issues for example. Mr. Guigli stated that they are looking at this in a macro fashion, it is not a feasibility study, and not meant to be limited. Selectmen Benka will add some language to the draft contract.

On motion it was,

Voted to approve and execute a contract with HMFH Architects, Inc. in the amount of $100,000 in connection with the Devotion School Concept Study. Said Contract to be funded from 2507K044 6B0106.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT AMENDMENT

Question of approving and executing a Contract Amendment in the amount of $2,750.00 with Kaestle Boos. Associates in connection with the Pierce School Auditorium Renovations. Said amendment to be funded from account 2512K038 6B0091.

On motion it was,

Voted to approve and execute a Contract Amendment in the amount of $2,750.00 with Kaestle Boos. Associates in connection with the Pierce School Auditorium Renovations. Said amendment to be funded from account 2512K038 6B0091.

Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CHANGE ORDER

Question of approving Change Order #1 in the amount of $3,315.00 (credit) in connection with the Old Lincoln School Roof Repairs. Said amendment to be credit to account 2594C165 6C0002.

On motion it was,

Voted to approve Change Order #1 in the amount of $3,315.00 (credit) in connection with the Old Lincoln School Roof Repairs. Said amendment to be credit to account 2594C165 6C0002.

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Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

CONTRACT

Question of approving and executing a Contract with Felix A. Marino, Inc., in the amount of $24,995.00 for the installation of crosswalks at the intersection of Harvard and Beacon Streets. Said contract to be funded from account 4911K058 6H0026 (Street Rehab)

On motion it was,

Voted to approve and execute a Contract with Felix A. Marion Marino, Inc, in uthe amount of $24,995.00 for the installation of crosswalks at the intersection of Harvard and Beacon Streets. Said contract to be funded from account 54911K058 6H0026 (Street Rehab) Aye: Betsy DeWitt, Nancy Daly, Jesse Mermell, Richard Benka, Kenneth Goldstein

There being no further business, the Chair adjourned the meeting at 8:50 p.m.

ATTEST