Approved: 10/26/15 Town Clerk: 11/6/15 TOWN OF BURLINGTON, MA BOARD OF SELECTMEN MINUTES General Session - 7:00 p.m. Burlington Town Hall, Main Hearing Room

MONDAY, AUGUST 17, 2015

Board of Selectmen Present: Michael Runyan, Chairman; Christopher Hartling, Vice-Chairman; Robert Hogan; Daniel Grattan; Joseph Morandi Also Present: John Petrin, Town Administrator

Pledge of Allegiance/Moments of Reflection

The Board of Selectmen (BOS) meeting was called to order at 7:00 p.m. followed by the Pledge of Allegiance.

142 Appointments: 1. Police Department 2. Board and Committees Chief Michael Kent was present recommending the appointment of the following three police officers: Rameez Gandevia of Burlington who is studying for his bachelor’s degree in criminal justice and also served in the U.S. Marine Corps; Brian Hanafin, a Burlington resident, who holds a bachelor’s degree in business administration; and Timothy Alben who received a bachelor’s degree in criminal justice and is currently a reservist in the U.S. Marine Corps. All three would start training at the police academy in September.

Town Administrator John Petrin (T.A. Petrin) agreed with Chief Kent's recommendations and appointed the above three officers and requested the BOS waive the standard 15- day waiting period for Mr. Gandevia and Mr. Hanafin. More information is expected on Mr. Alben.

Motion: Selectman Hogan moved to waive the standard 15-day waiting period for Rameez Gandevia and Brian Hanafin. Seconded by Selectman Morandi and approved. (5-0-0)

Boards and Committees Detective Anne Marie Browne, Linda Collins, Marilyn Langley, David Cullen, Ronald MacKenzie, Ann Louis McNamara, and Roberta Mills are all being reappointed to the Youth and Family Services Advisory Committee. New member Martha Simon was appointed as liaison to the School Committee.

Members on the Cable Advisory Committee will be Kate Moskos, Bob Cunha, Brad Bond, Jennifer Dodge, Robert Hogan as Selectmen liaison and John Petrin. The next item on this committee's agenda will be the negotiation of the five-year contract renewal for Burlington Cable Access Television.

Motion: Selectmen Grattan moved to waive the standard 15-day waiting period for new Youth and Family Services Advisory Committee member Martha Simon and all members on the newly established Cable Advisory Committee. Seconded by Selectman Hogan and approved. (5-0-0)

BOARD OF SELECTMEN: MICHAEL RUNYAN, CHAIRMAN  CHRISTOPHER HARTLING, VICE CHAIRMAN  ROBERT HOGAN  DANIEL GRATTAN  JOSEPH MORANDI 143 Public Wine & Malt License/New (correction to Manager of Record) Hearing: Paul Burlington, LLC d/b/a Paul Bakery 62 Second Avenue Paul’s Burlington will be seeking a correction to the vote taken on for a new Wine & Malt License at Paul's Bakery as their paperwork is not complete. They are not serving alcohol. It was agreed to postpone a new public hearing to the September 14, 2015 meeting.

Motion: Selectman Hogan moved to postpone the new public hearing for Paul Burlington to the September 14, 2014 meeting. Seconded by Mr. Morandi and approved. (5-0-0)

144 Hearing: All Alcohol License/New Officer/Director Mac Acquisitions of Delaware d/b/a Romano’s Macaroni Grill/50 South Avenue T.A. Petrin explained that Mac Acquisition of Deleware has experienced a change in officers and ownership at the corporate level. The licensee remains the same and the restaurant will remain as Romano's Macaroni Grill. The premises will not change structurally and the managers and employees will remain the same. These issues still need the approval of the Local Licensing Agency (LLA) and the Alcohol Beverages Control Commission (ABCC).

Motion: Selectman Hogan moved to approve the All Alcohol License for New Officer/Director of Mac Acquisitions of Delaware d/b/a Romano's Macaroni Grill at 50 South Avenue. Seconded by Selectman Morandi and approved. (5-0-0)

145 Hearing: All Alcohol/Pledge of License State Road Liquor Mart, Inc. d/b/a Busa Liquors 34 Cambridge Street Present was Hilary Puglia, Manager of Busa Liquors, for BOS approval for a pledge of their liquor license in order to use their license as collateral as they seeking financing for certain loans. Approval must first be received from the LLA and then ABCC.

Motion: Selectman Hogan moved to approve the All Alcohol Pledge of License for State Road Liquor Mart, Inc. d/b/a Busa Liquors, 34 Cambridge Street. Seconded by Selectman Morandi and approved. (5-0-0)

146 Acceptance: Grant of Easement/68 Muller Road Stephen Hildreth was present represent Engineering seeking BOS approval to accept and sign an easement document drainage at 68 Muller Road as prepared by Town Counsel. The easement will allow the Town to have right of entry upon and passage over the easement area. The documents will be processed at the Registry of Deeds. Mr. Hildreth said the department was very thorough on the issue, and the resident understands the access to be allowed.

Motion: Selectman Morandi moved to approve the Grant of Easement for 68 Muller Road. Seconded by Selectman Hogan and approved. (5-0-0)

Burlington Board of Selectmen Minutes August 17, 2015 2. 147 Approval: Block Parties 1. College Road 2. Michelle Drive 3. September Lane

1. College Road: Jennifer Miskelly was present seeking BOS approval to temporarily close part of College Road for a neighborhood block party on Saturday, September 19, 2015 from 3:00 pm to 8:00 p.m. with a rain date of Sunday, September 20, 2015. The street as requested by the Fire Department will remain open to all emergency vehicles.

Motion: Selectman Hogan moved to approve the request to temporarily close part of College Road for a neighborhood block party as requested. Seconded by Selectman Hartling and approved. (5-0-0)

2. Michelle Drive: Rebecca Crescio submitted a request to temporarily close part of Michelle Drive for a neighborhood cookout on Saturday, August 29, 2015 from 12:00 noon to 8:00 p.m. with a rain date of Sunday, August 30, 2015. The street as requested by the Fire Department will remain open to all emergency vehicles.

Motion: Selectman Hogan moved to approve the request to temporarily close part of Michelle Drive for a neighborhood cookout as requested. Seconded by Selectman Hartling and approved. (5-0-0)

3. September Lane: Kathleen Haded was present seeking BOS approval to temporarily close part of September Lane for their annual block party on Mallard Way to the corner of September Lane on Saturday, September 5, 2015 from 12:00 noon to 6:00 p.m. The street will have two means of egress in for emergency vehicles.

Motion: Selectman Hogan moved to approve the request to temporarily close part of Mallard Way to the corner of September Lane for a block party as requested. Seconded by Selectman Hartling and approved. (5-0-0)

148 Approval: Land Locked Forest 6-week Event Youth Outreach Program for Mountain Bike Skill Development Paul Benson was present seeking BOS approval to use the Landlocked Forest for two Saturdays on October 3 and 17, 2015 for 3 hours each day, as art of the program to teach mountain bike skill development. There will be approximately 30 children including 4 from Burlington as well as 10-15 adult volunteers with groups broken down to 8-10 riders. A map of entry points was provided as requested by the Fire Department.

Selectman Morandi said bow hunting starts October 7, 2015. Selectman Hogan asked about liability. Mr. Benson said he would provide a copy of the waiver. Selectman Grattan reminded Mr. Benson to have the students remain on the marked trails to protect sensitive areas.

Burlington Board of Selectmen Minutes August 17, 2015 3. Motion: Selectman Hogan moved to approve the request for the Youth Outreach Program for Mountain Bike Skill Development on October 3 and 17 with condition that a copy of the waiver is submitted and the Town Administrator is satisfied with same. Seconded by Selectman Hartling and approved. (5-0-0)

149 Approval: Alcohol Policy/Amendments The BOS reviewed amendments to the Alcohol Policy as recommended by the BOS Alcohol subcommittee for the purpose of strengthening the penalties for violations for the sale of alcohol to minors.

After discussion it was agreed that the 1st offense would remain the same. The 2nd offense would require a 5-day suspension, 10 days for a 3rd offense and 15 days for a 4th offense. Liquor stores have the same action and are required to close. Penalties will be in effect commencing with the first Monday following enforcement by the BOS, unless decided otherwise.

In lieu of a five-day suspension for the second offense, the licensee may elect to serve only a two-day suspension and contract with a company for a compliance and training program as approved by the Chief of Police, with the company monitoring compliance for one year.

Motion: Selectman Hogan moved to approve amendments as discussed to section IV. Violations of the Town of Burlington Rules and Regulations for the Licensing and Sale of Alcoholic Beverages. Seconded by Selectman Morandi and approved. (5-0-0)

150 Approval: One-day All Alcohol License 3rd Avenue Nordblom “On the Green Event” Todd Nordblom of Nordblom Management Co. was present seeking BOS approval to hold a charity event on The Green which is located at 19 Third Avenue. Participants pay $10.00 to attend and all proceeds will be donated to Burlington charities. The event will be held on Friday, September 11, 2015 from 5:00 p.m to 7:00 p.m.

A plan was submitted outlining the perimeter of The Green which will be barricaded with a temporary liquor fence. Security detail will be at one entrance checking I.D.’s and no one without a reservation will be admitted. They will be controlling alcohol consumption through the use of tickets. Five Third Avenue restaurants with their licensed bartenders will be participating and serving portioned amounts.

T.A. Petrin said he inspected the location and added that the Police Department does not have an issue with the request. Mr. Nordblom said he would finalize plans with Chief Kent.

Motion: Selectman Hogan moved to approve the request for a One-day All Alcohol License for the On the Green Event at 19 Third Avenue on September 11, 2015 from 5:00 p.m. to 7:00 p.m. with the condition that the plans are discussed with the Chief of Police. Seconded by Selectman Hartling and approved. (5-0-0)

Burlington Board of Selectmen Minutes August 17, 2015 4. 151 Discussion: Solar Agreement John Shortsleeve, Bay State Consultants, Richard Holland of Kopelman and Paige and John Sanchez, Director of DPW were present. T.A. Petrin discussed the use of solar equipment on rooftop spaces at the Burlington High School (BHS) and Marshall Simonds Middle School (MSMS) as well as on solar canopies in parking lots of business in town per approval at the May Town Meeting

The BOS discussed authorizing the Chairman to sign agreements to purchase net metering credits generated by solar canopies to be installed within parking lots of private businesses. The School Committee will be signing agreements to lease rooftop space at BHS and MSMS for the same purpose. The Town will be purchasing credits from these companies for less electricity costs to offset expected increases and will not own any of the equipment.

Mr. Holland explained that the value of the net metering credits may fluctuate over time, but it is expected that the Town will see a savings.

At this time T.A. Petrin was seeking BOS approval to have the Chairman sign the net metering credit agreements and approval of two agreements as written for the leasing of rooftop space at BHS and MSMS.

Motion 1: Selectman Hogan moved that the Board of Selectmen authorize its Chair to sign three net metering credit agreements with Syncarpha LLC or its affiliates for the purchase of net metering credits generated by certain solar photovoltaic facilities to be installed on private property located in Burlington and Bedford. Seconded by Selectman Morandi and approved. (5-0-0)

Motion 2: Selectman Hogan moved that subject to approval of the School Committee and the Commissioner of the Massachusetts Department of Elementary and Secondary Education, that the Board of Selectmen approve two agreements with Sun Edison LLC or its affiliates for the leasing of certain rooftop space at the Burlington High School and Marshall Simonds Middle School for the installation of solar photovoltaic facilities on such rooftops, and for the purchase of net metering credits generated by those facilities, which agreements are to be signed by the School Committee. Seconded by Selectman Morandi and approved. (5-0-0)

152 Discussion Elected Officials Health Insurance Town Treasurer Brian Curtin was present. Chairman Runyan had recommended this item be discussed and he would be in favor of stopping this practice as the Town may not be able to afford it at this time or in the future. Mr. Curtin explained the Massachusetts General Law 32B which allows the local authority to approve of elected officials to receive health insurance. The Town’s policy goes back forty years. Each time the discussion is brought forward it has been reaffirmed to keep the policy because of the number of hours worked and the low number of individuals opting for the plan. Including three retirees the total cost to the town is $158,000.

T.A. Petrin commented on the number of surrounding communities that have opted out, and at this time 25% of communities are still allowing the practice. It is a policy of the BOS which can be stopped immediately or at a given date.

Burlington Board of Selectmen Minutes August 17, 2015 5. Selectman Hogan said he is in favor of keeping this benefit. Stipends for various boards have not increased for many years.

Selectman Morandi said he did not run for Selectman for insurance but understands that the practice may have to stop in the future.

Selectman Hartling said this is not the type of message to be sent to future leaders and is in favor of keeping this benefit. He added that other boards should be consulted prior to its being eliminated.

Selectman Grattan agreed that other boards should have input and that health insurance may or may not be the incentive for more to come forward to learn.

Chairman Runyan agreed that this issue would be discussed at a future date.

153 Discussion: Tax Incentive Agreement Present were Scott Weiss representing the Gutierrez Company/property owner and Matthew Powers, head of real estate and strategy program manager, EMD Millipore, a Life Science center. T.A. Petrin said EMD Millipore is relocating to Burlington, and approached the Town to discuss a possible tax increment financing (TIF) agreement. This would be a unique lab to Burlington and benefits include large amounts of volunteering, supports of local charities and spending a great deal on amenities.

Selectman Hogan asked about employment, and Mr. Powers said they will be bringing 400 new jobs to this facility. Selectman Hartling recommended participation with Middlesex 3 Coalition to address traffic. Chairman Runyan asked how EMD Millipore will help the Town. Mr. Powers said after conducting a site selection, it was evident that Burlington lacked a Life Sciences center. Selectman Grattan agreed it would be a benefit to have a Life Science center.

At this time approval is being sought from the BOS to move forward to allow staff to begin negotiations with the hope that the agreement will be ready for the September Town Meeting Warrant.

Motion: Selectman Grattan moved to allow staff to negotiate a tax increment financing agreement incentive for EMD Millipore to bring forward for Board of Selectman review and potentially include in the September 2015 Town Meeting Warrant Article. Seconded by Selectman Hartling and approved. (5-0-0)

154 Discussion: Registered Marijuana Dispensary T.A. Petrin reported that the State received an application from a marijuana dispensary, Mission Massachusetts, that expressed interest in locating in Burlington. The town can write a letter of non- opposition, take no action, or send a letter of support which could possibly aid in negotiations in favor of the community. He added that Town Meeting approved to allow dispensaries in certain parts of town.

Voicing against a dispensary was Planning Board member and Woodside Lane resident Barbara L'Heureux and Maureen Drossos of Park Drive. Frank Rais, Francis Wyman Road, wrote a letter of disapproval.

Burlington Board of Selectmen Minutes August 17, 2015 6. Selectman Hogan explained that the Town does not have a say with respect to allowing or denying a dispensary. He asked if other departments were involved in discussions. Chairman Runyan responded that the School Department, Planning, Fire, Board of Health are some of the participants at a recent meeting. There were no significant issues expressed at that meeting. Selectman Morandi thanked the subcommittee and departments and committees that attended recent meeting.

Selectman Hartling wants to work within a collaboration and is comfortable with giving a favorable recommendation for Mission Massachusetts and to negotiate for the community.

Selectman Grattan understands it would be for prescription medication, but he is concerned that a mixed message is being sent for this gateway drug.

Chairman Runyan said he was satisfied the credentials of the dispensary.

Motion: Selectman Hartling moved to allow the Town Administrator to continue discussions with Mission Massachusetts. Seconded by Selectman Morandi and approved. (3-2-0 with Selectmen Grattan and Hogan against)

155 Overview: September Town Meeting Warrant Articles The BOS reviewed the Warrant Article for the September 28, 2015 Town Meeting and were satisfied with the full Warrant Article as submitted.

156 Approval: Board of Selectmen Proposed 2016 Meeting Dates The BOS reviewed the list of 2016 meeting dates which takes various holidays into consideration.

Motion: Selectman Hartling moved to approve the Board of Selectmen proposed 2016 meeting dates. Seconded by Selectman Morandi and approved (5-0-0)

157 Approval: Minutes/June 8, 2015, General Session Selectman Hogan moved to approve the minutes of June 8, 2015 as submitted. Seconded by Selectman Morandi and approved. (5-0-0)

Minutes/August 3, 2015, General Session Selectman Hogan moved to approve the minutes of August 3, 2015 as submitted. Seconded by Selectman Morandi and approved. (5-0-0)

158 Subcommittee Reports Selectman Grattan warned residents to be aware of a computer phone scam taking place.

Selectman Morandi said there were two more weeks left to obtain a hunting license, and the application can be found on line. A test is mandatory before being granted a permit.

Burlington Board of Selectmen Minutes August 17, 2015 7. 159 Town Administrator’s Report A reminder was made to pay extra attention while driving as the students will soon be heading back to school.

160 Chairman’s Report None.

Citizen's Time Anne Whitson, 21 Cranberry Lane, was present seeking a review for the need for sidewalks at the end of Terrace Hall Avenue heading towards Middlesex Turnpike for the safety of those heading down to the shopping area at the corner of Terrace Hall and Middlesex Avenues. The road narrows and she is concerned someone may get hurt. T.A. Petrin recommended that a BOS member accompany Town Engineer Tom Hayes to the area in question.

161 Old/New Business: None

Adjourn Motion: Selectman Hogan moved to adjourn at 9:45 p.m. Seconded by Selectman Grattan and approved. (5-0-0)

Submitted by,

Betty McDonough Recording Clerk

Burlington Board of Selectmen Minutes August 17, 2015 8. BURLINGTON, MA BOARD OF SELECTMEN DOCUMENTS REVIEWED AT MEETING – MONDAY, AUGUST 17, 2015

Agenda 142 Appointments: 1. Police DepartmentSelectmen, 2. Board and Committees – Cable Advisory Committee and Youth & Family Services lists; 143 Public Hearing: Was intention to be reopened. Wine & Malt License/New /Paul Burlington, LLC d/b/a Paul Bakery, 62 Second Avenue – no attachment. No posting done. Paul’s not ready. Continued to future meeting. 144 Hearing: All Alcohol License/New Officer/Director/Mac Acquisitions of Delaware d/b/a Romano’s Macaroni Grill, 50 South Avenue – 7/29/15 letter from Macaroni Grill re change in officers and change in upstream ownership; MAC structure chart; application for retail alcoholic beverage license; applicant’s statement; personal information form john gilbert; personal information form dean risen; written action of the sole member of mac; omnibus written action of the sole owner 145 Hearing: All Alcohol/Pledge of License/State Road Liquor Mart, Inc. d/b/a Busa Liquors, 34 Cambridge Street – petition for change of license; 8/4/15 ltr from Posternak to BOS re bus liquors for pledge agreement; certificate of good standing and/or tax compliance from dor; secured revolving time note and signatures; Berkshire bank pledge of alcoholic beverage license; state road liquor mart inc unanimous written consent of the board of directors 146 Acceptance: Grant of Easement/68 Muller Road – 7/22/15 email from tom hayes to betty mcdonough et al re grant of easement; grant of easement statement and town acceptance 147 Approval: Block Parties 1. College Road; 2. Michelle Drive; 3. September Lane – College Road: 8/17/15 block party request for college road; 8/10/15 email from s Yetman ok w standard comment; 7/28 email from m kent to bm re ok; 7/27/15 college road email to chiefs; event request from; 7/24/15 letter from Jennifer miskelly to town. Michelle Drive: 8/17/15 block party request for michelle drive; email from sy to bm re ok w standard comment; 8/10 email from mk to bm re ok; 8/7/15 memo to chiefs; 8/7/15 ltr from party holder Rebecca crescio September Lane: 8/17/15 block party request for Mill St and September Lane; 8/11 email from sy to bm re ok standard comment; 8/10 email from mk to bm re ok; 8/7/15 memo from to Chiefs for ok; 8/5/15 letter from Kathleen Hadad re party 148 Approval: Land Locked Forest 6-week Event/ Youth Outreach Program for Mountain Bike Skill Development – 8/17 landlock parcel request form; 8/11/15 email from sy to bm re ok with note about receiving access points; 7/28/15 email from mk to bm re ok; 7/27/15 memo to chiefs; event request form filled out by applicant; map of access points as requested 149 Approval: Alcohol Policy/Amendments – draft copy of alcohol policy with amendments 150 Approval: One-day All Alcohol License/3rd Avenue Nordblom “On the Green Event” – 8/7 email from todd Nordblom re event; event request form from applicant; map of area of event and roped off area; 151 Discussion: Solar Agreement – motions for board of selectmen and school committee re net metering agreements to consider 152 Discussion: Elected Officials Health Insurance – motion for the board of selection to consider; 5/11/15 memo from brian curtin to town meeting reps re health ins. Costs for elected officials;

Burlington Board of Selectmen Minutes August 17, 2015 9. 5/6/15 letter from brian curtin to town meeting member pat angelo re response to written request issued 4/28/15 relative to health insurance coverage for elected or appointed officials; 7/18/97 memo from brian curtin to selectmen re health insurance for elected officials; copy of MGL 32B re contributory insurance; 1998 elected officials with health insurance; 9/8/98 arlene dirocco article from daily times; 6/14/2004 MMA article re must every elected town official who receives some sort of payment be offered health insurance; current MGL 32B from website; list of cities of towns that have or do not have health insurance for elected officials; 1/19/14 globe article re towns dropping health insurance option “for most on town boards, it’s not for the money;” and elected officials’ compensations in the south suburbs; august newspaper article re Billerica selectmen vote to eliminate health insurance for board members; 6/21/11 worcester telegram article re ins for pt elected officials questioned in oxford; 5/1/12 newspaper article from stoneham ma re pt elected officials banned from collecting benefits 153 Discussion: Tax Incentive Agreement - 154 Discussion: Registered Marijuana Dispensary - 155 Overview: September Town Meeting Warrant Articles – September Warrant 156 Approval: Board of Selectmen Proposed 2016 Meeting Dates – 8/17/15 memo from John Petrin to BOS re proposed 2016 dates 157 Approval: Minutes/June 8, 2015, General Session - submitted August 3, 2015, General Session - submitted 158 Subcommittee Reports - 159 Town Administrator’s Report - 160 Chairman’s Report - 161 Old/New Business - Citizen’s Time -

Burlington Board of Selectmen Minutes August 17, 2015 10.