INDEX OF ARTICLES Burlington Town Meeting Monday January 25, 2016

INDEX OF ARTICLES Burlington Town Meeting Monday January 25, 2016 ARTICLE PAGE NUMBER SUBJECT NUMBER GENERAL ARTICLES (yellow paper) 1 Reports of Town Officers & Committees 1 2 Rules of Town Meeting - Rules for Length of Time 1 3 Rules of Town Meeting - Rules for Description 2 4 Rules of Town Meeting - Rules for Town Meeting Backup 2 ZONING BYLAW ARTICLES (green paper) 5 Street Acceptance, Rosario Meadows 3 6 Amend Zoning Bylaw and Zoning Map 3 FINANCIAL ARTICLES (golden paper) 7 Transfer from Free Cash to Reserve Fund 5 8 Rescind Previous Borrowing Authorizations 5 9 Transfer of Insurance Reimbursement to Repair 45 Center Street 5 GENERAL BYLAW ARTICLES (blue paper) Amendments to General Bylaw 10 Representative Town Meeting 6 11 Filling of Vacancies Other Than Selectmen 6 12 Fee Schedule - Weights and Measures 7 13 Fees - Automatic Amusement Devices 7 14 Consumer Advisory Commission 8 15 Bicentennial Commission 8 16 Bylaw Review Committee 8 17 Citizens Advisory Committee 9 18 Nuisance to Public Safety 9 19 Wetlands Protection/Enforcement 9 20 Delete References to Personnel Board 10 21 Delete References to Personnel Board 10 22 Town Counsel at Town Meeting 11 23 Alcohol Consumption on Public Property 11 24 Department Budgets to Include Benefits/Article I, Section 8.0 12 25 Department Budgets to Include Benefits/Article I, Section 8.0/8.1 12 26 Discontinuance of Health Insurance Benefit for Non-Full Time Elected Officials 13 CONSTABLE S REPORT 14 TOWN COUNSEL S LETTER 15

WARRANT BURLINGTON TOWN MEETING Monday, January 25, 2016 In accordance with the provisions of Chapter 686 of the Acts of 1970 of the Commonwealth of Massachusetts, you are hereby notified that the Town Meeting Representatives of the Town of Burlington will meet in general assembly at the Burlington High School, Fogelberg Auditorium, in said Town, the 25th of January 2016 at seven-thirty o clock in the evening then and there to act on the following articles of the warrant: GENERAL ARTICLES ARTICLE 1 RE: 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. Submitted by the Rules Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 2 RE: Rules of Town Meeting Rules for Length of Time To see if Town Meeting will adopt the following Rule of Town Meeting, related to the length of time available to speak on a Warrant Article. 1. In an effort to increase broader participation of Town Meeting members to speak on an Article, the Rules Committee proposes a rule to limit each Town Meeting member to three minutes for each time they speak. Submitted by the Rules Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) 1

GENERAL ARTICLES (continued) ARTICLE 3 RE: Rules of Town Meeting Rules for Description To see if Town Meeting will adopt the following nonbinding resolution related to the presentation of descriptive information in the Warrant. 1. So Town Meeting Members can immediately learn the purpose of an Article, the Rules Committee proposes that Town Meeting vote to request that the Board of Selectmen include on the Warrant a brief description printed in italics immediately after the action line. When additional material is provided, then a statement will be noted at the end of the description. This does not preclude providing any additional backup material. Submitted by the Rules Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 4 RE: Rules of Town Meeting Rules for Town Meeting Backup To see if Town Meeting will adopt the following Rule of Town Meeting, related to the presentation of descriptive information in the Warrant. 1. So that Town Meeting members have the information related to a Warrant, the backup material shall be made available at the same time as the Warrant Article. Submitted by the Rules Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) 2

ZONING BYLAW ARTICLES ARTICLE 5 RE: Street Acceptance Rosario Meadows To see if the Town will vote to accept the layout as a public Town Way of Rosario Meadows, as laid out by approval of the Planning Board as a Definitive Subdivision, a copy of which plan was filed with the Town Clerk not later than seven days prior to this vote, and to authorize the Board of Selectmen to acquire easements for all purposes for which public ways are used in the Town of Burlington, within such layout, by gift, purchase or eminent domain; or to act in any manner in relation thereto Submitted by the Board of Selectmen at the request of the Planning Board PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 6 RE: Amend Zoning Bylaw and Zoning Map To see if the Town will vote to amend Article III of the Zoning Bylaw and adopt new 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 Special Overlay Districts listed in Section 3.1.10, are as shown on the map entitled Town of Burlington, Mass. Zoning Map 1979. Town of Burlington, MA Zoning Map 2016. Individual zoning district changes, identified by number on the Zoning Map, are shown in more detail in the Town of Burlington, Mass. Zoning Map Booklet. The Zoning Map with all explanatory matter thereon, and the Burlington Zoning Map Booklet, is hereby made a part of this Bylaw. The location of the special districts is shown on the following maps: 100-year Flood Plain District: as described in Section 8.1.2 (100 Year Flood Plan) District Boundaries, and shown on Flood Insurance Rate Maps (consisting of an index sheet and four map pages) and the Flood Boundary and Floodway Maps (consisting of an index sheet and three maps pages), Town of Burlington, dated July 5, 2984 and prepared by the Federal Emergency Management Agency. Wetlands Districts: as shown on maps entitled, Wetlands, 1977, prepared on the topographic base maps, consisting of an index and 60 map pages. Aquifer and Water Resource Districts: As shown on the map entitled, Town of Burlington, Aquifer and Water Resource District Map, 2016. prepared by Alan C. Nelson, Senior Engineer, Town of Burlington Engineering Dept., and dated January 9, 1996. Wireless Communications Facilities Overlay Districts: As shown on the map entitled, Town of Burlington Wireless Communications Overlay Districts and Civic Center and Central Business Districts, 2016 prepared by the Town of Burlington, and dated September 2000. 3

ZONING BYLAW ARTICLES (continued) Town Center Civic Center and Central Business Districts: As shown on the map entitled, Town of Burlington Town Center Districts Wireless Communications Overlay Districts and Civic Center and Central Business Districts, 2016. prepared by the Town of Burlington, and dated December 2005. AND further to adopt a new color Zoning Map, entitled Town of Burlington, MA Zoning Map 2016 ; AND further to adopt a new Zoning Overlay Map depicting the Aquifer and Water Resource Districts, entitled Town of Burlington, Aquifer and Water Resource District Map, 2016 ; AND further to adopt a new Zoning Overlay Map depicting the Wireless Communications Districts and the Civic Center and Central Business Districts, said map entitled, Town of Burlington Wireless Communications Overlay Districts and Civic Center and Central Business Districts, 2016 ; or to act in any other manner in relation thereto. Submitted by the Board of Selectmen at the request of the Planning Board PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) 4

FINANCIAL ARTICLES ARTICLE 7 RE: Transfer from Free Cash to Reserve Fund To see if the Town will vote to raise and appropriate, transfer from available funds, borrow or otherwise provide the sum of $100,000 or any other amount from Free Cash to place in the Town s FY 2016 Reserve Fund, or to act in any other manner in relation thereto. AMOUNT: $100,000 Submitted by Board of Selectmen at the request of the Town Administrator PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 8 RE: Rescind Previous Borrowing Authorizations To see if the Town will vote to rescind borrowing authorizations previously approved at Town Meeting; or to act in any other manner in relation thereto. Article 13 Annual Town Meeting May 2010 - $265,000 to fund Water System Storage Tank Repair and Painting Article 32 Annual Town Meeting May 2010 - $4,556,072 to fund the Marshall Simonds Middle School Renovation Article 14 Annual Town Meeting May 2012 - $500,000 to fund the Repaving of Roadways and Municipal Parking Lots. AMOUNT: $5,321,072 Submitted by the Board of Selectmen at the request of the Town Administrator PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 9 RE: Transfer of Insurance Reimbursement to Repair 45 Center Street To see if the Town will vote to appropriate the sum of $43,914.22 from the Insurance Account to pay for the repairs at 45 Center Street due to a gutter falling off the side of the building on March 3, 2015. When the gutter fell, two air conditioning units were damaged and the interior of the building sustained water damage due to ice dams; or to act in any other manner in relation thereto. AMOUNT: $43,914.22 Submitted by Board of Selectman at the request of the Town Accountant PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) 5

GENERAL ARTICLES ARTICLE 10 RE: Amendment to General Bylaw Representative Town Meeting To see if the Town will vote to amend Article II (Representative Town Meeting) Section 2.0 paragraph 7 by deleting the current text in its entirety and replacing it with the following: Town Meeting Members shall not hold any other elected Town office, nor be appointed to more than one Town Board, committee, or commission, except the following: Town Meeting committees appointed by the Moderator; membership on advisory committees appointed for a special temporary purpose by the Selectmen, School Committee, or any other Town Board; members of Town committees of political parties; officers of elections, or Town employees. For purposes of this section only, Town office shall not be construed to include Police Officers, Special Police Officers or the Animal Control Officer. or to act in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 11 RE: Amendment to General Bylaw Filling of Vacancies Other Than Selectmen To see if the Town will vote to amend Article IV Selectmen of the General Bylaws, Section 1.0 General Duties, subsection 1.10 Filling of Vacancies on the Board of Selectmen by deleting the current text in its entirety and replacing it with the following: 1.10 Filling of Vacancies, other than Selectmen If there is a failure to elect or if a vacancy occurs in any elected town office, other than offices of Selectmen, Town Clerk, Treasurer, Collector of Taxes or Auditor, the Selectmen shall fill the vacancy in accordance with Massachusetts General Law Chapter 41, Section 11. Vacancies for appointed positions shall be filled by the appointing authority for the office, board, commission or committee; or to act in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) 6

GENERAL BYLAW ARTICLES (continued) ARTICLE 12 RE: Amendment to General Bylaw Fee Schedule - Weights and Measures To see if the Town will vote to amend Article IV (Selectmen) of the General Bylaws, Section 10 (Fee Schedule - Weights and Measures) by deleting the current text in its entirety and replacing it with the following: 10.0 Fee Schedule - Weights and Measures The schedule of fees to be charged by the Sealer of Weights and Measures under the provisions of Massachusetts Chapter 98 Section 56 may be revised by the Board of Selectmen in accordance with Massachusetts Chapter 40 Section 22F, accepted at the May 22, 1999 Town Meeting. A copy of the fees so adopted shall be posted and shall be available in the office of the Town Clerk and posted on the town website. The initial fees will be those in effect on the effective date of this Bylaw; or to act in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 13 RE: Amendment to General Bylaw Fees - Automatic Amusement Devices To see if the Town will vote to amend Article IV (Selectmen) of the General Bylaws, Section 11 (Automatic Devices Licenses) by deleting the current text in its entirety and replacing it with the following: 11.0 Fees Automatic Devices Licenses The schedule of fees to be charged by the Board of Selectmen for Automatic Amusement Devices under the provisions of Massachusetts General Laws Chapter 140 Section 177A may be revised by the Board of Selectmen in accordance with Massachusetts General Laws Chapter 40 Section 22F, accepted at the May 22, 1999 Town Meeting. Such fee, however, shall not exceed $100 as set forth in Massachusetts General Laws Chapter 140 Section 177A. A copy of the fees so adopted shall be posted and shall be available in the office of the Town Clerk and posted on the town website. The initial fees will be those in effect at the time this Bylaw is ratified. or to act in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) 7

GENERAL BYLAW ARTICLES (continued) ARTICLE 14 RE: Amendment to General Bylaws Consumer Advisory Commission To see if the Town will vote to strike Article V (Authorities, Commissions, and Committees) of the General Bylaws, Section 1.3 (Consumer Advisory Commission); or to act in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 15 RE: Amendment to General Bylaws/ Bicentennial Commission To see if the Town will vote to strike Article V (Authorities, Commissions, And Committees) of the General Bylaws, Section 1.5 (Bicentennial Commission); or to act in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 16 RE: Amendment to General Bylaws Bylaw Review Committee To see if the Town will vote to amend Article V (Bylaw Review Committee) of the General Bylaws, Section 2.3, paragraph 1 by deleting the current text in its entirety and replacing it with the following: The General Bylaws, and all special Bylaws, shall be reviewed annually by the Bylaw Review Committee consisting of five members to be appointed annually, for a term of three (3) years, by the Moderator within thirty (30) days after the final adjournment of the May Town Meeting. In the absence of an active committee, two (2) members will be appointed for three (3) years, two (2) members will be appointed for two (2) years and one (1) member will be appointed for one (1) year. The Committee shall choose a chair, vice-chair, and secretary. Thereafter, all appointments shall be three years; or to act in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) 8

GENERAL BYLAW ARTICLES (continued) ARTICLE 17 RE: Amendment to General Bylaws Citizens Advisory Committee To see if the Town will vote to strike Article V (Authorities, Commissions, And Committees) of the General Bylaws, Section 3.1 (Citizens Advisory Committee); or to act in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 18 RE: Amendment to General Bylaws Nuisance to Public Safety To see if the Town will vote to amend Article XIII Public Safety of the General Bylaws, Section 1.36 Nuisances to Health and Safety, subsection 1.36.4 by deleting the reference to Executive Secretary to the Board of Selectmen and replacing it with Town Administrator;" or to act in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 19 RE: Amendment to General Bylaws Wetlands Protection/Enforcement To see if the Town will vote to amend Article XIV (Environment Wetlands Protection) of the General Bylaws, Section 1.11 (Enforcement), paragraph 5 follows by deleting the current text in its entirety and replacing it with the following: Any person who violates any provision of this Bylaw, regulations, permits, or administrative orders issued thereunder, may be punished by a fine of not more than Three Hundred Dollars ($300.00) each day or portion thereof during which a violation continues, or unauthorized fill or other alteration remains in place, shall constitute a separate offense; or to act in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) 9

GENERAL BYLAW ARTICLES (continued) ARTICLE 20 RE: Amendment to General Bylaws Delete References to Personnel Board To see if the Town will vote to amend Article IV (Selectmen) of the General Bylaws, Section 1.13 by deleting the current text in its entirety and replacing it with the following: 1.13 On all collective bargaining negotiations between the Town and any authorized collective bargaining unit, the responsible authority shall invite in an advisory capacity to each negotiating session, representative of the Ways and Means Committee. Further, department heads responsible for the employees of the respective bargaining unit shall be appraised in writing of the results of each negotiating session; or to act in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 21 RE: Amendment to General Bylaws Delete References to Personnel Board To see if the Town will vote to strike Article V (Authorities, Commissions, And Committees) of the General Bylaws, Section 2.1 (Moderator Appointments Finance Committee (Ways & Means), Subsection 2.1.5; or act in any other manner in relation thereto. Submitted by the Board of Selectmen at the request of the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) 10

GENERAL BYLAW ARTICLES (continued) ARTICLE 22 RE: Amendment to General Bylaws Town Counsel at Town Meeting To see if the Town will vote to amend Article IV (Selectmen) of the General Bylaws, Section 5.2 (Responsibilities of Town Counsel), Subsection 5.2.5 by deleting the current text in its entirety and replacing it with the following: 5.2.5 Attend each session of all regular and special Town Meetings; or at in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 23 RE: Amendment to General Bylaws Alcohol Consumption on Public Property To see if the Town will vote to amend Article XIII (Public Safety) of the General Bylaws, Section 1.35 (Alcoholic Beverages), Subsection 1.35.1 to read as follows: 1.35.1 No person shall consume any alcoholic beverage while in or upon any street, public place, public building, or any place to which the public has right of access as invitees or licensees. Consumption of alcohol is allowed with the Grandview Farm facility and grounds where alcohol can be consumed only in compliance with rules and regulations established by the Board of Selectmen. No person shall possess or consume alcoholic beverages upon any land or within any building under the control of the School Committee or Recreation Commission; or to act in any other manner in relation thereto. Submitted by the Bylaw Review Committee PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) 11

GENERAL BYLAW ARTICLES (continued) ARTICLE 24 RE: Amendment to General Bylaws Department Budgets to Include Benefits Article I, Section 8.0 To see if the Town will modify Article I, Section 8.0 From: 8.0 All budgets and special articles dealing with any municipal expenses shall be submitted whenever possible to the Town Accountant, or other appropriate bodies as set forth in Chapter 41, Section 59, of the General Laws of the Commonwealth of Massachusetts, by December l5 of each year. To: 8.0 All budgets and special articles dealing with any municipal expenses including the costs associated with salaries, employee benefits, pensions, insurances and other post-employment benefits shall be submitted by each department whenever possible to the Town Accountant, or other appropriate bodies as set forth in Chapter 41, Section 59, of the General Laws of the Commonwealth of Massachusetts, by December l5 of each year; or to act in any other manner in relation thereto. Submitted by Larry Way, Town Meeting Member, Precinct 5 PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) ARTICLE 25 RE: Amendment to General Bylaws Department Budgets to Include Benefits Article I, Section 8.0/8.1 To see if the Town will modify Article I, Section 8.0 to add the following paragraph: Current: 8.1 Each numbered line account of the Annual Budget shall be a separate appropriation. Any transfers between such numbered line accounts shall be made only by vote of the Town Meeting, except as otherwise provided by statute. Addition: 8.1.1 If a Town department hires a new employee during any fiscal year that was not accounted for in the annual operating budget for that department, the additional costs of any employee benefits that are due the employee shall be paid from the department account. Benefits to such an employee include pensions, insurances and other post-employment benefits that must be approved through the town budget process; or to act in any other manner in relation thereto. Submitted by Town Meeting Member Larry Way Precinct 5 PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) 12

GENERAL BYLAW ARTICLES (continued) ARTICLE 26 RE: Discontinuance of Health Insurance Benefit for Non-Full Time Elected Officials To see if the Town will vote to the following: Inasmuch as the Selectmen are considering the discontinuance of the Health Insurance benefit for nonfull time elected officials, at this time we request that the Board of Selectmen vote to discontinue this practice, giving the individuals currently on the plan two years to make other arrangements, or to act in any other manner in relation thereto. Submitted by Town Meeting Member Pat Angelo, Precinct 5 at the request of the Town Meeting Members Association PASSED ( ) DEFEATED ( ) POSTPONED INDEFINITELY ( ) OTHER ( ) 13

THE COMMONWEALTH OF MASSACHUSETTS To either of the Constables of the Town of Burlington in the County of Middlesex Greeting. You are hereby directed to serve this warrant by posting up attested copies thereof at the billboard at the Town Hall, in said Town, at least fourteen days before the Town Meeting of January 25, 2016 at Fogelberg Auditorium, Burlington High School. HEREOF FAIL NOT, to make due return of the warrant, with your doings thereon, to the Town Clerk, at the time and place of meeting as aforesaid Given under our hands this 14th day of December in the year of our Lord 2016. Michael S. Runyan, Chairman Christopher E. Hartling, Vice Chairman Robert C. Hogan Daniel J. Grattan Joseph E. Morandi SELECTMEN OF BURLINGTON, MASSACHUSETTS A true copy attest. Constable Middlesex ss Dated Pursuant to the within warrant, I have notified and warned the inhabitants of the Town of Burlington by posting up an attested copy of the same at the billboard in the Town Hall and as within directed, at least fourteen days before Town Meeting of January 25, 2016. s/s Constable of Burlington A copy of the warrant was mailed to each Town Meeting Member, the Town Moderator and the Town Clerk on the 8th day of January, 2016. Attest: Amy E. Warfield, Town Clerk 14