TOWN OF BURLINGTON, MA JANUARY 2017 TOWN MEETING MINUTES
TOWN MEETING MEMBER MEETING
WEDNESDAY, JANUARY 4, 2017
TOWN CLERK’S OFFICE
TOWN HALL, 29 Center ST.
At 6:00 P.M., the meeting was called to order by Amy Warfield, Town Clerk, the Town Meeting Members of Precinct 4, 6 and 7 assembled to fill the vacancy in their respective Precinct.
Present from Pct 4 were Joan Hastings, Carolyn Little, Patricia Martorano, David Miller, Frank Monaco, Eileen Claire Sickler and Steve Stamms Nominees were as follows :
Christine Warren – 29 Greenwood RD
There was a show of names in favor of the nominee and it was unanimous.
Present from Pct 6 were Daniel R. DiTucci, Daniel DiTucci, JR and Rose Manni.
Nominees were as follows :
Anish Shaikh - 25 Upland Rd
There was a show of names in favor of the nominee and it was unanimous.
Present from Pct 7 were Anne Coady and Joan Kennedy-Constant. There were no nominees so the seats will remain vacant, will have a meeting prior to TM on January 23, 2017.
With business concluded the meeting was adjourned at 7:13 PM
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TOWN MEETING MEMBER MEETING
MONDAY, JANUARY 23, 2017
FOGELBURG PERFORMING ARTS CENTER
BURLINGTON HIGH SCHOOL
At 7:00 P.M., the meeting was called to order by Amy Warfield, Town Clerk, the Town Meeting Members of Precinct 7 assembled to fill the vacancy.
There were no nominations made to fill the positions, people in the precinct will contact other residents to fill the seats.
With business concluded the meeting was adjourned at 7:04 PM
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ADJOURNED TOWN MEETING
MONDAY, JANUARY 23, 2017
FOGELBURG PERFORMING ARTS CENTER
BURLINGTON HIGH SCHOOL
Prior to the start of the meetingBoy Scouts in the troop of 511, presented a Flag ceremony and Color Guard and lead the Pledge of Allegiance. Those taken part were Billy Corrigan, Duncan Myer, Henry Morin, Kristopher Poirier, Raymond Legnon, Rudy Poirier, Wataru Coram, William Van Camp and Danyy Grattan, Senior Patrol Leader.
A quorum being present, the meeting was called to order at 7:36 PM. The Moderator, Sally Willard,opened the meeting and introduced the Audio/Video staff for tonight’s meeting included: Will Rizza, William Waisnor III, Erin Hanafin and Owen Johson.
The Moderator, reviewed the procedures and asked for a motion for voting by a show of hands rather than a standing count it was made and seconded and passed unanimously, then it she requested a motion if business is not completed this evening for adjournment to Wednesday, January 25, 2017 at 7:30 PM if necessary, it was moved and seconded. Then a motion was made and seconded to accept Lucy Damiani, TMM Pct #3, as Deputy Moderator for the purpose of this meeting. It was moved to accept this.
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ARTICLE 1RE: Reports of Town Officers & Committees
To hear and act on the reports of the Town Officers and Committees; or to act in any other manner in relation thereto.
Sonja Rollins, Chairman of Ways & Means reported on the fact that the budget season has started. The Town Administration and Selectmen have set the guidelines for an overall 4% increase.
Eric Conti, Superintendent of Schools, overviewed the School Budget cycle and pointed out the work they are doing with the Ways & Means Subcommittee
Cindy Phillips, Chairman of the Human Services Advisory committee presented their new Fuel Assistance brochure.
Kristin Kassner, thanked Town Meeting for it’s support for the Master Plan Study Committee and stated the a final report would be available at May Town meeting.
John Petrin, reviewed the setting of the Tax Rate for the town and presented that the bids were now out for 33 Center St. building.
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ARTICLE 2RE: Holding Saturday Hours
To see if Town Meeting will vote to accept the provisions of Chapter 41 Section 110A; or to act in any other manner in relation thereto.
MAIN MOTION: As printed in the Warrant
ACTION: PASSED UNANIMOUSLY
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ARTICLE 3RE: Amend Zoning Bylaw and Zoning Map
To see if the Town will vote to amend Article III of the Zoning Bylaw and adopt updated and digitized Zoning Maps as follows:
To amend Section 3.2.0 “Location of Districts” of the Zoning Bylaw, as follows:
SECTION 3.2.0 LOCATION OF DISTRICTS
All districts, except for the Overlay Districts listed in Section 3.1.0, are as shown on the map entitled “Zoning Map 2017 Town of Burlington, MA.”
The location of the special districts is shown on the following maps:
Aquifer and Water Resource Districts: As shown on the map entitled, “Aquifer and Water Resources Zoning Overlay Map 2017.”
Wireless Communications Facilities Overlay Districts: As shown on the map entitled, “Wireless Communications Zoning Overlay Map 2017.”
Civic Center and Central Business Districts: As shown on the map entitled, “Civic and Central Business District Zoning Overlay Map 2017.”
AND further to adopt an updated and digitized Zoning Map, entitled “Zoning Map 2017 Town of Burlington, MA”;
AND further to adopt an updated and digitized Zoning Overlay Map depicting the Aquifer and Water Resource Districts, entitled “Aquifer and Water Resources Zoning Overlay Map 2017”;
AND further to adopt an updated and digitized Zoning Overlay Map depicting the Wireless Communications Districts map entitled, “Wireless Communications Zoning Overlay Map 2017”;
AND further to adopt an updated and digitized Zoning Overlay Map depicting the Civic Center and Central Business District map entitled, “Civic and Central Business District Zoning Overlay Map 2017.”
Or to act in any manner in relation thereto.
MAIN MOTION: As printed in the Warrant
Recommendations: Planning Board 7-0 in favor
Land Use 5-0 in favor
ACTION: PASSED UNANIMOUSLY______
ARTICLE 4RE: Temporary Moratorium on
Marijuana Retail Sale
To see if the Town will vote to amend the Town’s Zoning Bylaw by adding a new Section 10.7: “Temporary Moratorium on Recreational Marijuana Establishments”, Retail Sale (which includes marijuana cultivation, testing, product manufacturing, retail sales or any other type of licensed marijuana-related business order to undertake a planning process to evaluate regulation of marijuana and other uses related to the regulation of marijuana and address the potential impact of the state regulations on local zoning, and further to amend the Table of Contents of the Town’s Zoning Bylaw to add Section 10.7, “Temporary Moratorium on Recreational Marijuana Establishments”.
Section 10.7 - Temporary Moratorium on Recreational Marijuana Establishments”
Section 10.7.1. PURPOSE
On November 8, 2016, the voters of the Commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational purposes. The law, which allows certain personal use and possession of marijuana, begins to take effect on December 15, 2016 and requires a newly appointed Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by September 15, 2017. Currently under the Town’s Zoning Bylaw, a recreational marijuana establishment, as defined in G.L. c. 94G, §1, is not a permitted use in the Town. Regulations to be promulgated by the Cannabis Control Commission may provide guidance on certain aspects of local regulation of recreational marijuana establishments.
The regulation of recreational marijuana and associated sales raises novel and complex legal, planning, and public safety issues, and the Town needs time to study and consider the regulation of recreational marijuana establishments and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of recreational marijuana establishments. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for recreational marijuana establishments so as to allow the Town sufficient time to address the effects of such structures and uses in the Town and to enact bylaws in a manner consistent with sound land use planning goals and objectives.
Section 10.7.2DEFINITIONS
The definitions contained in the AN INITIATIVE PETITION FOR A LAW RELATIVE TO THE REGULATION AND TAXATION OF MARIJUANA shall be the definitions used in the Moratorium. These definitions include but are not limited to the following:
"Marijuana" or “Marihuana”, all parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in section 1 of chapter 94C of the General Laws; provided that "Marijuana" shall not include: (1) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; (2) Hemp; or (3) The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.
"Marijuana accessories", equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body.
"Marijuana establishment", a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.
"Marijuana products", products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
"Marijuana retailer", an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
Section 10.7.3TEMPORARY MORATORIUM
For the reasons set forth above, and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for recreational marijuana establishments and any other uses or activities related to recreational marijuana. The moratorium shall be in effect through September 30, 2018 or 6 months after the effective date of the final Cannabis Control Commission regulations (Expected January 1, 2018), whichever is greater. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of recreational marijuana in the Town, consider the regulations of the Cannabis Control Commission regarding recreational marijuana establishments and related uses, and shall consider adopting new Zoning Bylaws in response to these new issues; or take any action relative thereto.
MAIN MOTION: As printed in the Warrant
Recommendations:
ACTION: WITHDRAWN
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ARTICLE 5 RE: Rezone Landlocked Forest Parcels
To see if the Town will vote to amend the Zoning Map by rezoning 23 parcels of land owned by the Town of Burlington, commonly referred to as the “Landlocked Forest” or the “Landlocked Parcel”, from the General Industrial (IG) District to the Open Space (OS) District. Said parcels are bound on the north by the Bedford town line, bound on the east by US Route 3, bound on the south by Interstate 95, and bound on the west by the Lexington town line, and more specifically identified as the following Assessors Map and Parcel Numbers:
Map 32 Parcel 4, containing 0.60 acres; Map 38 Parcel 1, containing16.31 acres; Map 38 Parcel 2, containing 9.61 acres; Map 38 Parcel 3, containing 1.9 acres; Map 38 Parcel 4, containing 2.33 acres; Map 38 Parcel 5, containing 16.95 acres; Map 38 Parcel 6, containing 16.73 acres; Map 38 Parcel 7, containing 12.83 acres; Map 38 Parcel 11, containing 1.21 acres; Map 38 Parcel 12, containing 0.03 acres; Map 38 Parcel 13, containing 2.27 acres; Map 44 Parcel 1, containing 13.16 acres; Map 44 Parcel 2, containing 13.86 acres; Map 44 Parcel 3, containing 17.01 acres; Map 44 Parcel 4, containing 5.74 acres; Map 44 Parcel 5, containing 18.86 acres; Map 45 Parcel 1, containing 20.03 acres; Map 51 Parcel 1, containing 1.63 acres; Map 51 Parcel 2, containing 4.22 acres; Map 51 Parcel 2-A, containing 0.31 acres; Map 51 Parcel 3, containing 5.29 acres; Map 51 Parcel 4, containing 66.09 acres; and Map 51 Parcel 12, containing 0.21 acres; said parcels containing 247.18 acres, more or less; or to act in any other manner in relation thereto.
MAIN MOTION: As printed in the Warrant
Recommendations: Land Use 5 – 0
Planning 7-0
Conservation unanimous
Selectmen 3-2 in favor
ACTION: A STANDING COUNT VOTE WAS TAKEN 92 FOR 11 AGAINST, PASSES 2/3RDS
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ARTICLE 6 RE:Fund the Burlington Police
Patrolmen’s Association Contract
To see if Town Meeting will vote to transfer from the Negotiated Settlement Account the sum of
$TBD for the purpose of funding the approved Collective Bargaining Agreement between the Town of Burlington and the Burlington Police Patrolmen’s Association for FY 2016 and FY 2017, same to be spent under the appropriate authority; or to act in any other manner in relation thereto.
MAIN MOTION: As printed in the Warrant
ACTION: WITHDRAWN
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ARTICLE 7RE: Fund the Burlington Police Command Officers’
Contract
To see if Town Meeting will vote to transfer from the FY17 Negotiated Settlement Account the sum of $TBD for the purpose of funding the approved Collective Bargaining Agreement between the Town of Burlington and the Burlington Police Command Officers’ Contract for FY17, same to be spent under the appropriate authority; or to act in any other manner in relation thereto.
MAIN MOTION: As printed in the Warrant
ACTION: WITHDRAWN
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ARTICLE 8RE: Transfer from Free Cash to Reserve Fund
To see if the Town will vote to transfer from free cash the sum of $100,000 to be placed in the Town’s FY2017 Reserve Fund, or to act in any manner in relation thereto.
MAIN MOTION: As printed in the Warrant
Recommendations: W&Ms 9-0-0
Selectmen 4-0-0
ACTION: MAJORITY PASSED
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ARTICLE 9RE: Transfer of Funds FY 2017 Various Accounts
To see if the Town will vote to transfer from available funds the sum of $TBD or any other amount for the purpose of paying for expenses incurred in Fiscal Year 2017 to various accounts same to be expended under the direction of the appropriate authorities; or to act in any other manner in relation thereto.
MAIN MOTION: As printed in the Warrant
ACTION: WITHDRAWN
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ARTICLE 10RE: School Bus Transportation
To see if the Town will vote to approve a two-year extension of the school bus transportation contract between the Town of Burlington School Department and A& F Bus Company Inc. pursuant to page 12 Section 7.5 of the executed contract dated August 26, 2014 of the parties (as shown in backup) or to act in any manner in relation thereto.
MAIN MOTION: As printed in the Warrant
Recommendations: School 5-0
W&Ms 8-0-1
ACTION: PASSED BY MAJORITY
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ARTICLE 11RE: Amendment to General Bylaws Representative Town Meeting
To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation in the form set forth below; provided that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen is authorized to approve amendments which shall be within the scope of the general public objectives of the petition:
AN ACT RELATIVE TO THE TOWN OF BURLINGTON REPRESENTATIVE TOWN MEETING FORM OF GOVERNMENT.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION 1. Section 8 of chapter 686 of the acts of 1970, as amended by section 1 of chapter 92 of the acts of 2011, is hereby further amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-
Section 8. A Town Meeting Member is not eligible to hold any other elected position in town government as set forth by Massachusetts Special Acts of 2007 Chapter 216. A Town Meeting Member may be employed by the Town. A Town Meeting Member may serve as any or all of the following:
- Member of any committee(s) appointed by the Moderator;
- Member of any advisory committee(s) appointed for a special temporary purpose by the Selectmen, School Committee, or any other Town Board;
- Officer of elections; and
- Member of a political party’s town committee.
In addition to the above, only one other appointed position may be held by a Town Meeting Member.
SECTION 2. This act shall take effect upon its passage.
Or to act in any other manner in relation thereto
MAIN MOTION: As printed in the Warrant
Recommendations: Bylaw Review 5-0
ACTION: PASSED MAJORITY
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ARTICLE 12RE:Amendment to General Bylaws/Ethics
To see if the Town will vote to amend Article II Representative Town Meeting of the General Bylaws, Section 6.0 Ethics by deleting the current text in its entirety and replacing it with the following:
6.0 Ethics
A Town Meeting Member is required to, prior to addressing Town Meeting , disclose his or her financial interest or the financial interest of an immediate family member, in connection with any warrant article or budget item that is before Town Meeting for consideration. For the purposes of this section, an immediate family member shall include the Town Meeting Member and his or her spouse, and their parents, children, brothers and sisters. A financial interest is defined as any money, thing of value, or economic benefit conferred on or received by the Town Meeting Member or their immediate family.
In addition, a Town Meeting Member is required to, prior to addressing Town Meeting, disclose whether the Town Meeting Member or members of his or her immediate family are employed by the Town in a position that may be affected by the motion before Town Meeting, or whether they serve on any board or committee of the Town, including ad hoc committees, that have duties or responsibilities over the subject matter before Town Meeting.
Provided, however, that any Town Meeting Member who has a financial interest as set forth in this section shall consider a voluntary abstention from voting on the warrant article or budget item in question. Notification of such abstention shall, if possible, be given to the Moderator in writing before the session in which the article is considered, but at least before debate on the article;
Or to act in any other manner in relation thereto: