General Session - 6:00 p.m. Burlington Town Hall, Main Hearing Room

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1 TOWN OF BURLINGTON, MA BOARD OF SELECTMEN MINUTES General Session - 6:00 p.m. Burlington Town Hall, Main Hearing Room Approved: 07/17/2017 To TC: 08/11/2017 MONDAY, JUNE 26, 2017 Board of Selectmen Present: Christopher Hartling, Chairman; Joseph Morandi, Vice-Chairman; Robert Hogan; Michael Runyan; James Tigges Also Present: John Petrin, Town Administrator GENERAL SESSION Pledge of Allegiance The Chairman called the Board of Selectmen (BOS) meeting to order at 6:00 p.m. followed by the Pledge of Allegiance. 143 Appointments: Boards and Commissions None. 144 Discussion/Appointments/Board of Appeals Postponed to the July 17, 2017 meeting to allow the four candidates to be interviewed by the BOS subcommittee with that committee making a recommendation to the full board. 145 Recognition: Accounting Certificate for Excellence in Financial Reporting Town Accountant Paul Sagarino and Budget Analyst Nichole Coscia were present to accept the Town s Government Finance Officers Association for the Certificate of Achievement for Excellence in Financial Reporting for FY2016 award as well as the Accounting Department's Award of Financial Reporting Achievement which has been awarded two years in a row. T.A. Petrin said this award is the highest form of recognition in governmental accounting and financial reporting, and attainment represents a significant management accomplishment. The BOS congratulated and thanked Mr. Sagarino for the efficient work under his leadership as well as his team in the Accounting Department. Announcement: Accounting Department Change T.A. Petrin and Bob Cunha explained upcoming changes in the IT and School Finance Department. Craig Robinson is retiring and Bob Cunha was appointed to fill that vacancy and he will oversee IT as well as finances and facilities for the School Department. The IT Department is also being restructured. A finance manager position has been created with the School Department's Central Office, and Nichole Coscia has been promoted and will transfer into that position. The Town's Budget Analyst position is being advertised. The BOS congratulated Mr. Cunha and Ms. Coscia and wished them well. BOARD OF SELECTMEN: CHRISTOPHER HARTLING, CHAIRMAN JOSEPH MORANDI, VICE-CHAIRMAN ROBERT HOGAN MICHAEL RUNYAN JAMES TIGGES

2 146 Approval End of Year Transfers: Accounting/Budget Analyst An amended sheet of requests was distributed. Paul Sagarino, Town Accountant and Nichole Coscia, Budget Analyst were present seeking BOS approval of year end transfers of appropriations as per MGL. Ms. Coscia explained that some departments have shortfalls while others have remaining funds. This transfer must also be approved by Ways and Means. Motion: Selectman Hogan moved to approve the end of year transfers as requested in the amount of $52, Seconded by Selectman Morandi and approved. (5-0-0) 147 Approval: Entertainment License Redstone American Grill 20 Third Avenue Justin Davis, Front House Manager, Redstone American Grill, was present seeking BOS approval for one acoustic singer on the patio each Wednesday from 7:00 p.m. to 9:00 p.m. He said the patio flooring is heated and a weather protector surrounds the patio as the weather gets cooler. The Police Department recommended a six month trial period. The BOS agreed to a six month permit to be reviewed during the license renewal period. T.A. Petrin reminded the applicant that sounds should be contained so as to not disturb the other businesses on the block. Mr. Davis said he understood. Motion: Selectman Hogan moved to approve an Entertainment License for one acoustic singer for the patio for Redstone American Grill, 20 Third Avenue, for a six month period on Wednesdays from 7:00 p.m. to 9:00 p.m. and that the music will be confined to this restaurant for a six month period. Seconded by Selectman Morandi and approved (5-0-0) 148 Public Hearing: New All Alcohol License and Manager (Special Legislation) Burlington LW Hospitality Corporation d/b/a Archer Burlington 18 Third Avenue within Northwest Park District Restaurant: The public hearing was opened. Present representing LW Hotel Association, LP was Attorney Mark Vaughan of Riemer & Braunstein with Albert Kowalczykowski, potential new manager seeking BOS approval for a new All Alcohol Liquor License and manager approval for Burlington LW Hospitality Corporation d/b/a Archer Burlington at 18 Third Avenue within Northwest Park District. The BOS alcohol subcommittee met prior to the public hearing with Attorney Vaughan and Mr. Kowalczykowski to discuss the necessary number of seat in the full-service restaurant which is intended for guests and visitors in a traditional restaurant setting, within on-site function spaces, including some outdoor seating, and by providing food and beverage service to guest rooms. Outdoor patio seating will be reviewed with the Inspector of Buildings to ensure that it is properly enclosed with access only from the hotel. The owner has engaged Mr. Kowalczykowski as their facility manager. Attorney Vaughan ensured that all beverage service will comply with the Town's requirements and standards. They are hoping to open in February of There were no comments from the public beyond the hours of operation. June 26,

3 Motion: Selectman Morandi moved to close the public hearing. Seconded by Selectman Tigges and approved. (5-0-0) Motion: Selectman Morandi moved to approve the new All Alcohol License for Burlington LW Hospitality Corporation d/b/a Archer Burlington, 18 Third Avenue within Northwest Park District. Seconded by Selectman Runyan. Discussion: The special licenses thus far granted for this District were briefly discussed. Approved. (5-0-0) Manager: Mr. Kowalczykowski's provided a history of his work in the field and said he realizes the importance of working within the community and he is fully aware of the Town's alcohol policy and ServSafe certification for servers. Motion: Selectman Tigges moved to approve Albert Kowalczykowski as manager of the Burlington LW Hospitality Corporation d/b/a Archer Burlington at 18 Third Avenue within Northwest Park District. Seconded by Selectman Morandi and approved. (5-0-0) 149 Public Hearing New All Alcohol License and Manager (Special Legislation) BB Burlington, LLC Black and Blue Steak and Crab at the Marriott Residence Inn Hotel 400 District Avenue The public hearing was opened. Present representing Two for Seven Restaurant Group LLC and related entity BB Burlington LLC was Attorney Mark Vaughan of Riemer & Braunstein with Charles Fitzsimmons, potential new manager regarding a future request for a new All Alcohol Liquor License and manager approval for the Black and Blue Steak and Crab restaurant located within the Marriott Residence Inn Hotel. Also present was Andrew Gallinaro from National Development Property Management Office. It was explained that this hearing was for presentation purposes until such time as the Planning Board has approved their special permit. The BOS alcohol subcommittee met prior to the public hearing with Attorney Vaughan to discuss the parameters of serving alcohol at the restaurant and to allow the applicant to provide food and alcohol service to certain areas within the primary hotel facility. The liquor license will be for the entire Residence Inn Hotel and the Black and Blue Restaurant is responsible for the liability of the liquor license. Staff providing alcohol within gathering spots of the hotel will check to confirm legal age.. Black and Blue is responsible to provide proper staff for functions outside the restaurant and to check for legal age including when delivering to discreet areas within the hotel. However alcohol will not be provided with room service. Mr. Gallinaro distributed menus and a copy of the floor plan. There will be an exterior entrance to the restaurant and an entrance from the lobby. The proposed restaurant will accommodate seating for 261 patrons utilizing both interior and seasonal dining options (225 interior and 36 outdoor) with the seasonal patio being separated from the public. June 26,

4 Mr. Fitzsimmons said he is well aware of the Town's rules and regulations as it pertains to the serving of alcohol. He has always worked in the restaurant business. He understands that alcohol leaving the restaurant for a function or discreet location must not be accessible to a passerby. Motion: Selectman Hogan moved to continue the public hearing for the request for a new All Alcohol License and Manager, BB Burlington, LLC, Black and Blue Steak and Crab, Marriott Residence Inn Hotel, 400 District Avenue to the Board of Selectmen's meeting of July 17, Seconded by Selectman Morandi and approved. (5-0-0) 150 Approval: Arthur Murray Dance Studio Burlington Annual Block Party 171 Cambridge Street A request was received for an annual block party permit by the Arthur Murray Dance Studio, 171 Cambridge Street, to be held on Friday July 21, 017 from 6:00 p.m.-9:30 p.m.in their back parking lot. They agreed with staff that all barriers on roadways are to be temporary and movable so as to allow access by emergency vehicles and that petitioner assumes responsibility for moving barriers to allow emergency vehicles to pass. They were advised by staff to not advertise parking spaces in the lots of other businesses and they agreed. They were advised on their application that Disturbing the Peace laws apply and to be mindful and respectful to those not in attendance in the surrounding neighborhoods. It was noted that Fire and Police have no issues with this request. Motion: Selectman Hogan moved to approve the request of Arthur Murray Dance Studio Burlington to have their Annual Block Party in the back parking lot of 171 Cambridge Street on Friday July 21, 2017 from 6:00 p.m.-9:30 p.m. as discussed. Seconded by Selectman Morandi and approved ) 151 Approval: Minutes April 24, 2017 May 8, 2017 Selectman Morandi moved to approve the minutes of April 24, 2017 and May 8, 2017 and as submitted. Seconded by Chairman Hartling and passed. (5-0-0) 152 Subcommittee Reports Selectman Runyan reviewed the July 4th holiday activities. Notifications have been sent to the BCAT and newspapers. The parade will start at 11:00 a.m. Former Chief Hart's band will perform from 6:00 p.m. to 9:00 p.m. and fireworks will start at 9:00 p.m. The committee, donators and volunteers were thanked. Selectman Tigges reported that the Burlington Police Department and Lahey Clinic teamed up to hold a successful second annual farmers market at Beacon Village. Involved were Fire and Police Departments, Youth & Family Services and Council on Aging and local businesses. T.A. Petrin thanked Lahey and all involved. Public Safety Night will be held at Wegmans and other areas of 3rd Avenue on Wednesday, August 2, Middlesex Turnpike is being paved from Lexington line to Rt 95 the week of June 26 from 4:00 a.m. to 4:00 p.m. Selectman Hogan reminded residents that the primary for Senator is Tuesday, June 27, 2017 from 7:00 a.m. to 8:00 p.m. at Burlington High School. Selectman Morandi congratulated the Whitney family on the recent selection of their son by the Pittsburgh Pirates and noted that their daughter earned the status of Miss America last year. June 26,

5 153 Town Administrator s Report: None 154 Chairman s Report Chairman Hartling commented on the on-going work at Cambridge Street. Lahey was congratulated on the success of their recent, well-run 5K event previously approved by the BOS. Condolences were expressed on the passing of the husband of Town Meeting member and Town employee Terri Clement. 155 Old/New Business: None. Citizen s Time - Adjourn Motion: Selectman Morandi moved to adjourn at 7:15 p.m. Seconded by Selectman Tigges and approved. (5-0-0) Submitted by, Betty McDonough, Recording Clerk June 26,

6 BURLINGTON, MA BOARD OF SELECTMEN DOCUMENTS REVIEWED AT MEETING MONDAY, JUNE 26, 2017 Agenda 143 Appointments: Boards and Committees 144 Discussion/Appointments/Board of Appeals - 4 applications 145 Recognition: Accounting Certificate for Excellence in Financial Reporting, award of financial reporting achievent for accounting dept, summary of grading 146 Approval End of Year Transfers: Accounting/Budget Analyst - memo to bos from budget analyst, list of transfers; amended list of transfers; MGL 147 Approval: Entertainment License/Redstone American Grill 20 Third Avenue - memo to police, fire, building and staff responses; entertainment application; map of area 148 Public Hearing: New All Alcohol License and Manager Burlington LW Hospitality Corporation d/b/a Archer Burlington 18 Third Avenue within Northwest Park District- public hearing notice; letter to staff and responses on new liquor request; letter from riemer and braunstein; floor plan; new license mgl; number of seating; ltr from gm understands rules; resume; tips; application for retail license; 2 applicant statements; beneficial interest contact individual; 149 Public Hearing New All Alcohol License and Manager BB Burlington, LLC d/b/a Marriott Residence Inn Hotel 400 District Avenue Archer Hotel; public hearing notice; ltr from r & b; mgl special license law; floor plan; gm passport and license; application for license; additional information; applicant statement; beneficial interest contact individual; 150 Approval: Arthur Murray Dance Studio Burlington Annual Block Party 171 Cambridge Street - letter to staff and responses; gmail to staff and responses; letter of request 151 Approval: Minutes April 24, 2017 May 8, Subcommittee Reports Town Administrator s Report Chairman s Report Old/New Business - Citizen s Time - June 26,