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Home My Public Portal About2019-05-21 Annual Town Meeting Warrant TOWN OF BREWSTER ANNUAL TOWN MEETING MAY 6, 2019 Barnstable, ss To : Roland W . Bassett, Jr. Constable of the Town of Brewster Greetings : In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet at the Cafeteria at Stony Brook Elementary School, 384 Underpass Road, on Monday, May 6, 2019, next, at 6 : 00 p . m . o' clock in the evening, then and there to act upon the following articles : CAPE COD REGIONAL TECHNICAL HIGH SCHOOL OPERATING BUDGET ARTICLE NO . 1 : To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray Cape Cod Regional Technical High School charges and expenses for the Fiscal Year ending June 30, 2020, as follows; DEPARTMENT EXPENDED APPROPRIATED REQUESTED FY2018 FY2019 FY2020 CAPE COD TECH $ 831 , 711 $ 845 ,458 $ 7617787 ASSESSMENT DEBT ASSESSMENT I New in FY20 I New in FY20 I $ 489 , 116 TOTAL ASSESSMENT I $ 831 , 711 ( $ 845 ,458 II $ 1 , 250 , 903 or to take any other action relative thereto . ( Cape Cod Technical School Committee ) ( Majority Vote Required ) ELEMENTARY SCHOOLS OPERATING BUDGET ARTICLE NO . 2 To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray the Elementary Schools' charges and expenses, for the Fiscal Year ending June 30, 2020, as follows; DEPARTMENT II EXPENDED 09 I APPROPRIATED I REQUESTED FY 0 ELEMENTARY SCHOOL $ 6, 693 , 456 $ 7 , 645 , 987 $ 7 , 777 , 113 BUDGET SCHOOL FRINGE BENEFITS $ 1 , 960 , 608 $ 2 , 102 , 559 $ 2 , 215 , 147 TOTAL ASSESSMENT. I $ 8 , 654, 064 I $ 9 , 748 , 546 I $ 9 , 992 , 260 or to take any other action relative thereto . ( Elementary School Committee ) ( Majority Vote Required ) Page 1 of 19 NAUSET REGIONAL SCHOOLS OPERATING BUDGET ARTICLE NO. 3:To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray the Nauset Regional School District charges and expenses for the Fiscal Year ending June 30, 2020, as follows; DEPARTMENT I EXPENDED I APPROPRIATED ( REQUESTED FY2018 O9 NAUSET I $9,953,157 $10,397,696 I $10.812,935 ASSESSMENT NAUSET DEBT ( $114.632 $115,162 I $122,175 ASSESSMENT TOTAL ASSESSMENT: $10,067.789 $10,512,585 $10,935,110 or to take any other action relative thereto. (Nauset Regional School Committee) (Majority Vote Required) ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS ARTICLE NO.4: To see if the Town will vote, pursuant to the provisions of the fourth paragraph of G.L. c.71, §16B,to reallocate the sum of the member towns' contributions to the Nauset Regional School District in Fiscal Year 2021 in accordance with the Regional Agreement rather than the Education Reform Formula, so-called, or to take any other action relative thereto. (Nauset Regional School Committee) (Majority Vote Required) TOWN OPERATING BUDGET ARTICLE NO. 5 To see what sums the Town will vote to raise and appropriate,transfer from available funds, or borrow pursuant to any applicable statute, for the purposes of supporting the offices, departments, boards and commissions of the Town of Brewster for Fiscal Year 2020, including authorization for lease purchases of up to five years, as follows; EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2018 FY 2019 FY 2020 GENERAL GOVERNMENT Finance $103,777 $104,700 $104,700 Committee Assessors $218,056 $207,306 $130,307 Accounting $209,050 $193,951 $226,822 , Treasurer/ $238,353 $263,386 $275,715 l Collector Information $195,523 $262,018 $226,447 1 Technology Legal $137,025 $165,640 $175,640 Moderator $300 $300 $300 Planning $163,552 $162,616 $171,315 Select Board/ $447,016 $468,557 $480,292 Town Administration Town Clerk $169,839 $185,365 $185,782 SUBTOTAL $1,882,491 $2,013,839 $1,977,320 GENERAL GOVERNMENT Page 2 of 19 l SAFETY & PROTECTION Building $386, 265 $409,020 $419, 608 Department Fire Department $ 1,907, 154 $ 1,989, 696 $2,088,535 Health $ 233,095 $ 244, 176 $259, 893 Department Natural Resources $ 353, 184 $446,015 $358, 143 Police $ 2,574, 736 $ 2, 666,710 $2,8341611 Department SUBTOTAL SAFETY & $5,454,434 $5,755,617 $51960,790 PROTECTION MAINTENANCE Public Buildings $ 173, 936 $ 159,770 $ 164, 121 Public Works $ 1, 683,720 $ 1, 941, 296 $ 1, 728, 362 Snow & Ice $263, 174 $ 154,775 $ 158, 644 Removal Utilities $ 293, 303 $461,988 $422, 686 ' SUBTOTAL $2,414,133 $ 20717,829 $2,4731813 MAINTENANCE I HUMAN SERVICES J l Council on Aging $ 256,552 $316,473 $ 287,075 Veteran's Services $ 60, 220 $76, 670 $78,587 Memorial & $ 1,000 $ 1,500 $ 1,500 Veterans Day SUBTOTAL $317,772 $394,643 $367, 162 HUMAN SERVICES CULTURE & RECREATION Brewster Ladies $ 611, 040 $ 643,442 $ 656,542 Library 1 Recreation $ 137, 249 $ 193, 652 $ 198,4841 Millsites $4, 000 $4,000 $4,000 j SUBTOTAL $7527289 $841,094 $859,026 CULTURE & RECREATION CONTRACTUAL OBLIGATIONS Town Contractual $ 328, 144 $0 $ 0 Obligations SUBTOTAL CONTRACTUAL $328, 144 $0 $0 OBLIGATIONS DEBT SERVICE Principal & $ 1, 614,449 $ 2, 194, 375 $ 2, 2881229 Interest SUBTOTAL DEBT $ 1,614,449 $2, 1940375 $2,288,229 SERVICE INSURANCE & FRINGE BENEFITS General Insurance $421,409 $513, 850 $485,000 Fringe Benefits $3, 339, 673 $3, 796,932 $4, 0611332 Including OPEB SUBTOTAL $3,761,082 $41310,782 $4,546,332 INSURANCE & FRINGE BENEFITS OTHER OPERATING EXPENSE & ASSESSMENTS, Assessments I $48, 330 I $ 50, 161 ( $56, 507 Page 3 of 19 Alewives $1,181 $4,350 $4,350 Stabilization Fund $45,000 $275,000 $0 Local Service $160,370 $165,840 $170,234 Funding SUBTOTAL OTHER $254,881 $495,351 $231,091 OEPRATING EXPENSE& ASSESSMENTS EXPENDED APPROPRIATED REQUESTED FY 2018 FY 2019 FY 2020 GRAND TOTAL OF $16,779,675 $18,608,368 $18,703,763 GENERAL FUND OPERATING BUDGETS Or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) AMBULANCE RESERVE FUND ARTICLE NO. 6:To see if the Town will vote to appropriate from the Ambulance Receipts Reserved for Appropriation Special Revenue Fund, in accordance with G.L. c.40, §5F,the sum of FIVE HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED FIFTY DOLLARS ($563,550)for the purpose of offsetting costs for Fiscal Year 2020 associated with ambulance services including, but not limited to acquiring professional services and equipment, personnel, and maintaining facilities and operations; all expenditures to be made by the Fire Department, subject to the approval of the Town Administrator, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) GOLF DEPARTMENT RESERVE FUND ARTICLE NO. 7:To see if the Town will vote to appropriate from the Golf Fund, in accordance with G.L. c.40, §517,the sum of THREE MILLION NINE HUNDRED EIGHTY SIX THOUSAND NINE HUNDRED NINETEEN DOLLARS ($3,986,919)for the purpose of offsetting costs for Fiscal Year 2020 associated with golf department related expenses including, but not limited to acquiring professional services and equipment, personnel and maintaining facilities and operations; all expenditures to be made by the Golf Department, subject to the approval of the Town Administrator, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) WATER DEPARTMENT RESERVE FUND ARTICLE NO. 8:To see if the Town will vote to appropriate from the Water Receipts for Appropriation Special Revenue Fund, in accordance with G.L. c. 41, §69B, the sum of TWO MILLION SEVEN HUNDRED THIRTY NINE THOUSAND NINETY DOLLARS ($2,739,090)for the purpose of offsetting costs for Fiscal Year 2020 associated with Water Department related services including, but not limited to acquiring professional services and equipment, personnel and maintaining facilities and operations; all expenditures to be made by the Water Department, subject to the approval of the Town Administrator, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) Page 4 of 19 COMMUNITY PRESERVATION ACT FUNDING ARTICLE NO . 9 & To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2020 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year, with each item considered a separate appropriation to be spent by the Community Preservation Committee, all as set forth below; Purpose Item ( Funding Source (s) Amount 1 Historic Preservation a . Designated Reserves for Transfer to reserve from Fiscal Year 2020 CPA $ 115,000 Historic Preservation estimated annual estimated annual revenues in accordance revenues with G . L. c.4413, §6 Sub-total $ 1150000 2 Community Housing a . Town of Brewster — Town Payroll and operating Fiscal Year 2020 CPA $ 37,000 Administration- Housing costs for Part Time estimated annual Coordinator Housing Coordinator revenues position to assist public with affordable housing program . b . Community Development Professional service costs Fiscal Year 2020 CPA $ 7,500 Partnership- Cape associated with training estimated annual Housing Institute program equipping local revenues elected and appointed officials and residents with knowledge and skills to support creation of more year- round affordable housing c. Designated Reserves for Transfer to reserve from Fiscal Year 2020 CPA $ 70, 500 Community Housing estimated annual estimated annual receipts in accordance revenues with G . L. c.44B, § 6 Sub-total $ 115,000 3 Open Space a . Community Payment of debt Fiscal Year 2020 CPA $ 285,953 Preservation Bonded principal and interest for estimated annual Debt Service the Jolly Whaler, BBJ revenues Property, and Bates Property bonds Purpose Item Funding Source (s) Amount b . Community Payment on temporary Appropriate $ 289,047 $451,700 Preservation Loan note for the Besse from Fiscal Year 2020 Debt Service Cartway/Long Pond CPA estimated annual property loan revenues; transfer $ 162, 653 from Fund Balance Reserved for Open Space Sub-total $ 737,653 4 Reserves for Community Preservation a . Town of Brewster- Dog Creation of community Fiscal Year 2020 CPA $ 50, 300 Park Development dog park, including all estimated annual Committee incidental and related revenues costs Page 5 of 19 - - — - - i -, - - - 7 fi b. Administration Administration and Fiscal Year 2020 CPA $57,500 Expense operating expenses for estimated annual Community Preservation revenues Committee c. Designated Reserves Transfer to reserve from Fiscal Year 2020 CPA $237,200 for Community estimated annual estimated annual Preservation revenues in accordance revenues with G.L.c.44B, §6 Sub-total $345,000 Grand Total $1,312,653 For Fiscal Year 2020 Community Preservation purposes, each item is considered a separate appropriation to be spent by the Community Preservation Committee; provided however, that the above expenditures may be conditional on the recording of the appropriate historic preservation restrictions for historic resources, open space restrictions for open space reserves, and housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Massachusetts General Law Chapter 184, Section 12 of the Community Preservation Act; Further,to sunset the administrative expense authorization at the close of the fiscal year and transfer any unused balance to the fund balance reserved for Community Preservation; And further, any revenues received in excess of the estimated receipts are transferred to their respective reserve fund balance(s)for future appropriation using the allocation formula of 50%Open Space, 10% Housing, 10% Historical and 30%for Community Preservation Reserve. Or to take any other action relative thereto. (Community Preservation Committee) (Majority Vote Required) CAPITAL AND SPECIAL PROJECTS EXPENDITURES ARTICLE NO. 10: To see what sums the Town will vote to raise and appropriate, transfer from available funds, or authorize the Town Treasurer to borrow under and pursuant to Massachusetts General Laws Chapter 44,Sections 7, 7(1), or 8, or any other enabling authority,for the capital outlay expenditures listed below, including, in each case, all incidental and related costs,to be expended by the Town Administrator with the approval of the Board of Selectmen, except School expenditures to be made by the School Superintendent with the approval of the School Committee; authorize leases and lease purchase agreements for more than three but not more than five years for those items to be leased or lease purchased,and further that the Town Administrator with the approval of the Board of Selectmen or School Superintendent with the approval of the School Committee for school items, be authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced, all as set forth below: Department Item Funding Source(s)/ Amount Appropriation or Transfer 1 Select Board a. Affordable Housing Trust Cost to create,support General Fund Free $100,000 and maintain housing Cash and housing programs b. Dog Park Maintenance Costs for maintenance of General Fund Free $1,000 a dog park Cash Page 6 of 19 c. Town Hall Upgrades Costs for Town Hall General Fund Free $ 6,500 upgrade projects, Cash including but not limited to tile replacement and replacement of meeting room tables & chairs Sub-total $ 107,500 Department Item Funding Source(s) / Amount Appropriation or Transfer 2 Department of Public Works a . Road & Drainage Projects Professional services, General Fund Free $75,000 including engineering, Cash permitting and construction costs, for Town road maintenance and drainage projects b . MS4 Compliance Professional services for General Fund Free $ 70,000 monitoring of Cash stormwater and purchase software for MS4 permitting, feet management and work order system . c. Landfill Monitoring & Professional services for General Fund Free $ 50, 000 Sampling Expense monitoring Cash landfill/transfer station operations d . Tree Work Professional services for General Fund Free $ 20,000 tree work and/or Cash removal of trees are deemed a safety hazard by the Public Works Department Sub-total $ 215, 000 3 Elementary School Department a . Repairs & Paving of Eddy Costs for repairs to Eddy General Fund Free $ 20,000 School Parking lot School parking lot Cash b . Sidewalk & Curbing Design Professional services and General Fund Free $ 15, 000 & Repair project — Eddy costs for sidewalk and Cash School curbing design and temporary repairs c. Stony Brook Roof Repair Costs for repairs to the General Fund Free $ 10,000 Stony Brook roof Cash d . Technology Upgrades and Ongoing information General Fund Free $ 50,000 Improvements system and equipment Cash improvements including but not limited to purchase of desktop computers, servers, productivity and office software, backup system , and other hardware/software at Eddy and Stony Brook Elementary Schools e . HVAC, Plumbing, Electrical Professional services and Article 10, item 3a of $ 25, 000 Maintenance & Repairs costs for upgrades, May 1, 2017 Annual repairs and replacement Town Meeting, of HVAC plumbing and HVAC/Ventilators electrical systems ( equipment, supplies and Page 7 of 19 7 - - - - related software/hardware) at Eddy and Stony Brook Elementary Schools f. Exterior& Interior Painting Professional services and General Fund Free $20,000 Project costs for interior/exterior Cash painting at Eddy and Stony Brook Elementary Schools Sub-total $140,000 4 Nauset Regional School District a. Construction Account Professional services and Raise and appropriate $247,133 costs, including procuring, engineering, permitting, repair and maintenance of buildings,grounds, and equipment within the Nauset Middle School and Nauset High School Sub-total $247,133 5 Police Department a. Patrol Vehicle Professional services and General Fund Free $100,000 Replacement(2 units) costs for purchasing and Cash equipping two police vehicles b. DVR Replacement Costs for a digital video General Fund Free $22,000 recorder and related Cash equipment c. Taser Equipment Purchase of Police taser General Fund Free $35,000 Replacement equipment Cash Sub-total $157,000 6 Natural Resources a. Comprehensive Water Professional services and General Fund Free $75,000 Management Planning costs for preparing Cash studies, developing engineering plans, and coordinating inter- municipal water resources management planning efforts for the Town b. Long Pond Boat Ramp Professional services and General Fund Free $115,000 costs for engineering, Cash repairs, improvements and remediation to Long Pond including the boat ramp and parking area c. Upper Mill Pond Professional services and General Fund Free $148,720 costs for engineering, Cash repairs, improvements and remediation to Upper Mill Pond d. Spruce Hill Stairs Repair Professional services and General Fund Free $8,000 costs for engineering, Cash repairs and construction of beach access at Spruce Hill conservation area e. Beach & Landing Repairs Professional services and General Fund Free $30,000 costs for repairs and Cash improvements to various public beaches and public Page 8 of 19 landings throughout town f. Paines Creek Footbridge Professional services and General Fund Free $ 8,000 costs related to installing Cash a replacement foot bridge and new raised walkway at the east end of Paines Creek beach g . Pleasant Bay Watershed Matching funds to a General Fund Free $ 17,447 Permit $ 250,000 grant from US Cash EPA's Southeast New England Estuaries Program (SNEP ) watershed grants program Subtotal $402, 167 7 Information Technology a . Technology Upgrades and Professional services and General Fund Free $ 25, 000 Replacement costs related to Cash information system and equipment improvements including but not limited to the purchase of desktop computers, servers, productivity and office software, backup systems and other hardware/software Sub-total $ 25,000 8 Ladies Library a . Fence Costs for procuring, General Fund Free $ 9,500 Repairs/ Replacement repairing and replacing Cash fencing b . Gutter Replacement Costs for procuring, General Fund Free $ 30,000 repairing and replacing Cash gutters Sub-total $39,500 9 Fire Department a . Fire Suppression Costs associated with General Fund Free $45,000 Equipment replacing and/or Cash procuring fire suppression equipment including, but not limited to; hoses, nozzles, adapters, firefighting foam, training props and other ancillary fire based equipment as determined by the Fire Chief b . Rescue Billing Costs for rescue billing Ambulance Receipts $ 35,000 services Reserved for Appropriation c. Regional Dispatch Costs for regional Ambulance Receipts $ 85,000 dispatch services Reserved for Appropriation d . Replace Car 249, Fire Costs for purchase of one Ambulance Receipts $ 50,000 Prevention/First fire prevention /first Reserved for Responders Vehicle responders vehicle and Appropriation associated equipment Page 9 of 19 e. Personal Protection Costs for purchase of Ambulance Receipts $40,000 Equipment personal protection Reserved for equipment Appropriation f. Rescue Pumper Lease Costs for lease payment Ambulance Receipts $72,000 for rescue pumper Reserved for Appropriation g. Ambulances Leases Costs for lease payment Ambulance Receipts $117,000 for ambulance 243 and Reserved for 242 Appropriation h. Replace Cardiac Monitors Costs for purchase of Ambulance Receipts $175,000 four cardiac monitor Reserved for defibrillators Appropriation i. Ambulance 244 new five Cost for first year lease Ambulance Receipts $60,000 year Lease payment for ambulance Reserved for 244 Appropriation Sub-Total $679,000 10 Golf Department a. Reel Grinding Equipment Costs for purchase of Borrowing $35,000 bedknife grinder and any associated equipment b. Pick Up Truck costs for purchasing and Borrowing $50,000 equipping one pick-up truck c. Well Recondition and Costs for well Borrowing $55,000 Pump Replacement Project reconditioning and pump replacement d. Clubhouse Fire Alarm Costs for purchasing a Borrowing $20,000 System fire alarm system e. Clubhouse Repairs Costs for repairs to Borrowing $20,000 exterior of the clubhouse Sub-Total $180,000 11 Water Department a. Construction Account Costs for goods, Water Receipts $180,000 materials and services to Reserved for maintain and repair the Appropriation Town's water system b. Backhoe Purchase and equipping Water Receipts $130,000 of one (1) backhoe Reserved for Appropriation Sub-Total $310,000 Grand Total $2,502,300 Or to take any other action relative thereto. (Board of Selectmen) (Two-Thirds Vote for Borrowing) REVOLVING FUNDS ARTICLE NO. 11:To see if the Town will vote to pursuant to G.L. c.44, §53 E% and Section 21, Revolving Funds, of the Town of Brewster's General By-laws,to establish Fiscal Year 2020 spending limits for revolving funds as follows,with such expenditure limits to be applicable from fiscal year to fiscal year, until such time as they may later be amended by Town Meeting, as follows: Fund Revenue Authority to Use of Fund Fiscal Year Source Spend Spending Limit Crosby Mansion Fees received Crosby Mansion Expenses shall be $200,000 for property Property related to salaries and cottage Manager and operations of rentals,tours, the Crosby Mansion and events. and cottages and Page 10 of 19 not used for any other purposes . Recreation Fees and Department Expenses shall be $ 200,000 Charges related Head - related to salaries to Seasonal Recreation and operations of Programs, Yoga, providing Youth Sports, Recreational Adult Fitness, Services and not Tennis and used for any other Special Events purposes. Telecommunications Fees and Department Expenses shall be $ 200,000 charges related Head — related to to cell towers Information operating, Technology maintaining, and improvement telecommunications in town departments . Total $ 600,000 Or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) SPECIAL REVENUE FUND/Cable Franchise Fee Account ARTICLE NO . 12 : To see if the Town will vote to appropriate from the Cable Franchise Fee Special Revenue Fund the sum of TWO HUNDRED THIRTY THOUSAND DOLLARS ($ 230, 000), for the purpose of offsetting costs associated with providing local cable television related purposes, the sum of including, but not limited to the general public purpose of supporting and promoting public access to the Brewster cable television system ; training in the use of local access equipment and facilities; access to community, municipal and educational meeting coverage; use and development of an institutional network and/or municipal information facilities; contracting with local cable programming services providers and/or any other appropriate cable related purposes, and including all incidental and related expenses, or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) SKIPPING PROGRAM/Funding Request ARTICLE NO . 13 : To see if the Town will vote to raise and appropriate the sum of FOUR THOUSAND FIVE HUNDRED DOLLARS ( $4, 500), to pay for public performances of team skipping and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept gifts and expend said funds with the approval of the Board of Selectmen , or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) ACCEPTANCE OF GRANTS AND GIFTS ARTICLE NO . 14 : To see if the Town will vote to authorize the Board of Selectmen and Elementary School Committee to apply for and accept any and all grants or gifts from Federal, State, and local governments, charitable foundations, private corporations, and individual and private entities, and to expend those funds for the purposes for which grants are authorized ; and to authorize the Treasurer, in anticipation of grant proceeds to borrow amounts under and pursuant to Massachusetts General Laws Chapter 44, Section 7 or 8, or any other enabling authority, or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Page 11 of 19 - - - - - - — REPAIR AND RESURFACE TOWN ROADS/Chapter 90 Funds ARTICLE NO. 15:To see if the Town will vote to authorize the Board of Selectmen to apply for and accept State Grants from the Massachusetts Department of Transportation Highway Division (Chapter 90), and to expend those funds for the purposes of state approved Chapter 90 projects, services, and purchases; and to authorize the Treasurer, in anticipation of grant proceeds to borrow amounts under and pursuant to Massachusetts General Laws Chapter 44,Section 7 or 8, or any other enabling authority, or take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) TOWN CODE AMENDMENT/Brewster Affordable Housing Trust Fund ARTICLE NO. 16: To see if the Town will vote to amend Chapter 18 of the Brewster Code of By- laws, Part 1, entitled "Brewster Affordable Housing Trust Fund", as follows, with text to be deleted shown in stFikethFGug4 and text to be inserted shown in bold underline,: §18-3 Board of Trustees There shall be a seven-member Board of Trustees (the "Board") appointed by the Board of Selectmen from amongst the residents of the Town (except that the Town Administrator or a staff member selected as his or her designee shall not be required to be Town residents). The members of the Board shall be comprised of as follows: one (1) member of the Board of Selectmen; one (1) member of the Brewster Housing Partnership; one (1) member of the Community Preservation Committee; one (1) member of the Planning Board; two (2) residents at large; and The Town Administrator, a staff member or a resident (non-staff member) selected by the Town Administrator as the Administrator's designee. Trustees shall serve for a term not to exceed two years, with the initial terms of the Trustees staggered such that Trustees who are members of the Board of Selectmen, the Brewster Housing Partnership, the Communitv Preservation Committee, and the Planning Board, shall serve for a term of one year, and thereafter for two vears. Trustees who are appointed as representatives of boards or committees shall serve for two-year terms or until they no longer serve on such board or committee,whichever is shorter. The at_IaFge -Qtppr%ghall s;or..o for.tprmj;..f+.....yeaFS The Town Administrator shall serve by virtue of the office. To the extent possible,the Board of Selectmen shall appoint as Trustees individuals with background or interest in affordable housing, and specifically those with financial, legal or development expertise, or experience and perspective on housing preservation. Any Trustee (other than the Town Administrator or staff person acting as the Town Administrator's designee)who ceases to be a resident of the Town of Brewster shall vacate the office. Any Trustee may resign by filing with the Town Clerk written notice thereof. Or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) CITIZENS PETITION/Bottled Water& Beverage Ban ARTICLE NO. 17:To see if the Town will vote to adopt the following as a general by-law, and to insert it into the Code of the Town of Brewster, Massachusetts as Chapter 35, Article II, § 135-3: The procurement by the Town of Brewster of either water or any other beverage in plastic containers of any size is prohibited, and the dispensing of water or any beverage in plastic containers is prohibited on Town property, or to take any other action relative there to. (Citizens Petition) (Majority Vote Required) Page 12 of 19 LAND ACQUISITION /Community Preservation Act ARTICLE NO . 18 : To see if the Town will vote to authorize the Board of Selectmen to acquire, by purchase, gift, and/or eminent domain , for conservation , watershed protection and/or passive recreation purposes pursuant to the provisions of G . L. Ch . 40, Sections 8C, 39B and 41 and Article 97 of the Articles of Amendment of the Massachusetts Constitution , all or portions of the parcel of vacant land located on the west side of Slough Road , containing 23 . 91 acres, more or less, described in deeds recorded with the Barnstable County Registry of Deeds in Book 26947 Page 47, Book 2548 Page 345, and Book 3605 Page 275 , and shown as "Windrift Acres" (so-called ), on a Definitive Subdivision Plan recorded with the Barnstable County Registry of Deeds in Plan Book 677 Page 55, with such parcel to be under the care, custody, control and management of such parcel to be vested with the Conservation Commission ; to appropriate the total sum of SEVEN HUNDRED TWENTY- FIVE THOUSAND ($725,000) Dollars to pay costs of the acquisition and costs incidental or related thereto, of which SIX HUNDRED FIFTY FIVE THOUSAND DOLLARS ($ 655, 000) shall be transferred from the Community Preservation Fund Balance Reserved for Open Space and SEVENTY THOUSAND DOLLARS ($70, 000) shall be transferred from Water Receipts Reserved for Appropriation ; further, to transfer from Community Preservation Fund Balance Reserved for Open Space an additional sum of TWENTY- FIVE THOUSAND DOLLARS ( $ 25,000) for the purpose of paying incidental and related costs, including, without limitation , costs for appraisals, surveys, grant applications and grant compliance; further, to authorize the Board of Selectmen and/or the Conservation Commission to apply for, accept and expend any funds that may be provided by the Commonwealth or other public or private sources to defray all or a portion of the costs of said acquisition , including, but not limited to, grants and/or reimbursement from the Commonwealth under the Self- Help Act, G . L. Ch . 132A, Section 11 ( now, so-called LAND grants ), and the Federal Land and Water Fund grants, which grants and/or funds so received shall be used to repay all or a portion of the sum transferred from the Community Preservation Fund hereunder; and to authorize the Board of Selectmen to grant to the Brewster Conservation Trust or any other qualified organization a perpetual conservation and / or watershed preservation restriction pursuant to the provisions of G . L. Ch . 184, Sections 31-33, in compliance with G . L. Ch . 44B, Section12 ( a ), protecting the property for the purposes for which it is acquired, and to enter into all agreements and execute any and all instruments as may be necessary or convenient to effectuate the foregoing purposes, or take any other action relative thereto . ( Community Preservation Committee ) (Two-Thirds Required ) TOWN CODE AMENDMENT/Stretch Energy Code ARTICLE NO. 19 : To see if the Town will vote to amend the Town of Brewster General Bylaws by inserting a new bylaw, entitled , Stretch Energy Code, as set forth below, for the purpose of regulating the design and construction of buildings for the effective use of energy, pursuant to Appendix 115 . AA of the Massachusetts Building Code, 780 CMR, the Stretch Code, including future editions, amendments or modifications thereto with a sole effective date of January 1, 2020, and to authorize the Town Clerk to assign appropriate chapter and section numbers to bring the form of the bylaw into accord with the numbering system of the Town Code : §XX- 1 Definitions International Energy Conservation Code ( IECC) - The International Energy Conservation Code ( IECC) is a building energy code created by the International Code Council . Itis a model code adopted by many state and municipal governments in the United States for the establishment of minimum design and construction requirements for energy efficiency, and is updated on a three-year cycle . The baseline energy conservation requirements of the MA State Building Code are the IECC with Massachusetts amendments, as approved by the Board of Building Regulations and Standards . Stretch Energy Code - Codified by the Board of Building Regulations and Standards as 780 CMR Appendix 115 .AA of the Massachusetts building code, the Stretch Energy Code is an appendix to the Page 13 of 19 Massachusetts base building code, based on further amendments to the International Energy Conservation Code (IECC)to improve the energy efficiency of buildings built to this code. §XX-2 Purpose The purpose of 780 CMR 115.AA is to provide a more energy efficient alternative to the Base Energy Code applicable to the relevant sections of the building code for new buildings. §XX-3 Applicability This code applies to residential and commercial buildings. Buildings not included in this scope shall comply with 780 CMR 115.AA, as indicated. §XX-4 Stretch Energy Code The Stretch Energy Code, including any future editions, amendments or modifications, is herein incorporated by reference into the Town of Brewster General Bylaws. §XX-5 Effective Date and Enforcement The Stretch Energy Code, enforceable by the inspector of buildings or building commissioner, shall have a concurrency start date of July 1, 2019, and a sole effective date of January 1, 2020; during the concurrency period only applicants may choose whether to comply with the Stretch Energy Code or the otherwise applicable Base Energy Code. Or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) TOWN CODE AMENDMENT/Plastic Bag Ban ARTICLE NO.20:To see if the Town will vote to amend Town of Brewster General Bylaws by inserting a new bylaw entitled,Thin-Film (Single Use) Plastic Bag Ban, as set forth below, and authorize the Town Clerk to assign appropriate chapter and section numbers to bring the form of the bylaw into accord with the numbering system of the Town Code: §xx-1 Findings The Town of Brewster makes the following findings: A. The production and use of thin-film single-use plastic bags ("thin-film bags") results in harm to the land environment and waterways of coastal communities like Brewster, including but not limited to: 1. The deaths of marine and land animals by ingestion and entanglement. 2. Littering Town streets, parks, public spaces and waterways which detracts from the natural beauty of the Town. 3. Creating mechanical and disposal burdens for solid waste collection and recycling through entanglement with equipment. 4. Thin-film bag manufacturing requires non-renewable fossil fuels. 5. Most thin-film plastic bags are not recycled even when users have access to recycling opportunities. B. Thin-film bags are not biodegradable or compostable. Affordable, environmentally- responsible alternatives to thin-film bags exist, including reusable shopping bags of cloth or other durable material, and are available from numerous sources and vendors. C. Tourism is vital to Brewster's economy and thin-film bag use and litter detracts from the Town's image as an eco-tourism destination. Page 14 of 19 D . Thirteen of fifteen Barnstable County towns have already instituted thin -film bag bans; as have nearly 90 municipalities across the Commonwealth . E . Many consumers, as well as Brewster retail establishments, have already stopped using thin - film bags . F . Thin -film plastic bag regulations have proven effective in reducing plastic bag consumption and litter and are part of the growing trend toward sustainability. § xx- 2 Purpose and Intent A. Brewster is committed to protecting the environment, and the public health , safety and welfare of its citizens . Be The purposes of this By- law are to protect and conserve Brewster's natural and economic resources, enhance the Town ' s natural beauty, reduce land and marine pollution , advance solid waste reduction , and encourage the use of reusable and recyclable bags within the Town . Therefore, the Town of Brewster will implement this By- law to phase out the use of thin -film plastic bags by all Brewster business establishments by June 1, 2020 . § xx -3 Definitions A. Establishment : Any business selling goods, articles, food or personal services to the public, including but not limited to markets, merchandise retailers, food purveyors, public eating establishments, and take out restaurants . Be Recyclable Paper Bag : A paper bag with or without handles provided at the checkout stand, cash register, point of sale, or other point of departure, for the purpose of transporting food or merchandise from the establishment . The bag : 1 . Is one- hundred percent ( 100%) recyclable, and 2 . Contains a minimum of forty percent (40% ) post-consumer recycled paper content . C . Reusable Bag : A bag with stitched handles specifically designed for multiple reuse, and is made of: 1 . Cloth or other machine-washable fabric; 2 . Durable, non -toxic plastic ( other than polyethylene or polyvinyl chloride ) that is 4 mils ' or more thick, 100 microns or more thick, or 100 GSM2 or more ; or 3 . Other durable material suitable for reuse . D . Thin- Film (Single Use) Bag: Plastic bags provided at the checkout stand , cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise from the establishment; has integral handles and a thickness of less than 4. 0 mils . §xx- 4 Use and Regulation A. Thin-film (single use ) plastic bags shall not be distributed or sold at any establishment within the Town of Brewster. Be Existing stock of thin -film bags shall be phased out by June 1, 2020. C. Establishments may only offer reusable bags or recyclable paper bags to customers at the check-out or point of sale . D . Establishments may charge and retain a fee for any recyclable paper bag or reusable bag they offer. E . Establishments are strongly encouraged to educate their staff to promote reusable bags, and to encourage customers to use reusable bags . ' Plastic sheeting is measured in mils; a mil is equal to one-thousandth of an inch, or 0. 001 inch . One mil also equals 0 .0254 millimeter, thus a mil is not the same as a millimeter. z GSM ( Grams per Square Meter) is a measure of material durability. Page 15 of 19 F. Nothing in this By-law prohibits customers from using bags or other containers brought by the customer to the establishment; customers are encouraged to bring their own reusable bags. G. Establishments shall provide a reusable bag at no cost upon the request of a customer who uses a voucher issued under the Special Supplemental Food Program for Women, Infants, and Children (WIC) pursuant to M.G.L c. 111, or in the Supplemental Nutrition Assistant Program (SNAP) pursuant to M.G.L. c. 18, or to any non-profit corporation, or other charity defined by M.G.L. c. 12 that distributes food, grocery products, clothing or household items to clients. §xx-5 Exemptions A. The following are exempt and not subject to the provisions of this By-law: 1. Bags, a maximum size of 11 inches by 17 inches, used by customers inside establishments to: a. Package bulk items like fruit, nuts, candy or small items; b. Contain frozen foods, meat or fish; or c. Contain flowers, plants, or items where dampness may be a problem. 2. Dry cleaning bags or bags sold in packages containing multiple bags intended for home use, including but not limited to Pay-As-You-Throw bags. §xx-6 Effective Date A. This bylaw shall take effect twelve (12) months after adoption and in accord with G.L. c.40, §32. B. The Select Board or its designee may grant a deferment from compliance with this By-law for a period of not more than six (6) months upon the establishment's showing, in writing,that strict compliance with this By-law would create an undue hardship or practical difficulty not generally applicable to other establishments in similar circumstances.The decision to grant or deny an exemption shall be at the Select Board's sole discretion, in writing, and the decision will be final. §xx-7 Inspection and enforcement A. This By-law may be enforced by any means available in law or in equity, including non- criminal disposition in accordance with §xx-8. B. This bylaw shall be enforced by any Town police officer or agent of the Board of Health. C. Any enforcing person shall have the right to enter any public areas of an establishment during regular business hours, without a search or inspection warrant,to make reasonable inspection to ascertain compliance with the provisions of this By-law. §xx-8 Noncriminal Disposition;Violations and Penalties A. Any establishment that violates or fails to comply with this By-law shall be subject to the following penalties pursuant to M.G.L. c. 40, §21D. Each day the violation exists shall constitute a separate violation. B. The following penalties apply: 1. First offense:Warning 2. Second offense: $50 3. Third and subsequent offenses: $100 C. Subsequent offenses shall be determined as offenses occurring within two (2) years of the date of the first noticed offense. Page 16 of 19 § 9 Severability Each section of this bylaw shall be construed as separate to the end that if any section , sentence, clause or phrase shall be held invalid by a court of competent jurisdiction , the remainder of this By- law shall remain in full force . Or to take any other action relative thereto . ( Recycling Commission ) ( Majority Vote Required ) CITIZENS PETITON/State Flag & Seal ARTICLE NO . 21 : To see if the Town will vote to support the Resolution in support of Changing the State Flag and Seal of Massachusetts as stated in the following warrant Article for the May 6, town meeting, or to take any other action relative thereto . Whereas the history of the State of Massachusetts is replete with instances of conflict between the European Colonists and the Native Nations of the region , who first extended the hand of friendship to the Colonists on their shores in 1620, and helped them to survive starvation during the settlers' first winters on their land ; Whereas members of the Native Nation for whom the State of Massachusetts is named were ambushed and killed by Myles Standish , first commander of the Plymouth Colony, in April of 1623 . Barely two years after the Pilgrims arrived on their shores; Whereas the naked Colonial broadsword brandished above the head of the Native man on the Massachusetts State Flag and Seal is modeled aver Myles Standish' s own broadsword , borrowed from the Pilgrim Hall by the illustrator Edmund Garrett in 1884; Whereas the belt binding the Native' s cloak on the Flag and Seal is modeled after a belt worn by Metacomet, known to the English as King Philip, who was among the Wampanoag leaders who resorted to a mutually destructive war in 1675-76 in defense of Native lands against Euro-Colonial encroachment; Whereas the proportions of the body of the Native man in the Flag and Seal were taken from the Native skeleton kept in Winthrop, the bow modeled after a bow taken from a Native man shot and killed by a colonist in Sudbury in 1665, and his features taken from a photograph of an Ojibwe chief from Great Falls, Montana , considered by the illustrator to be a "fine specimen of an Indian , " though not from Massachusetts; Whereas the history of relations between Massachusetts since Colonial times and the Native Nations who continue to live within its borders includes the forced internment of thousands of so-called " praying Indians" on Deer Island , in Boston Harbor, where they died by the hundreds of exposure in 1675, their subsequent enslavement in Boston, Bermuda, and the Caribbean Islands, the offering of 40 pounds sterling as bounty for the scalps of Native men , women and children in Massachusetts beginning in 1686, increased to 100 pounds sterling for the scalps of Native adult males by 1722, half that amount for Native women and children ; Whereas Native Nations within the boundaries of Massachusetts were kept in a state of serfdom, and their members legally considered incompetent wards of the state until the nonviolent action of the so-called Mashpee Rebellion of 1833 led to the granting of Native self rule by the Massachusetts legislature in 1834, as if the sovereign right of Native self-government was the Massachusetts legislature's to confer; Whereas Native Americans were legally prohibited from even stepping foot into Boston from 1675 until 2004, when that law was finally repealed ; Page 17 of 19 Whereas the 400th anniversary of the landing of the Euro-Colonists at Plymouth Plantation, which gave rise to the long chain of genocidal wars and deliberate policies of cultural destruction against Native Nations of this continent, is approaching in the year 2020, affording every citizen of the commonwealth a chance to reflect upon this history and come to a new awareness of a better relationship between the descendants of the Euro-Colonial immigrants and the Native Nations of the Commonwealth; And whereas Native Americans have long suffered the many abuses of racism, the appropriation of their symbols and public schools and sports teams, the diminution and pollution of their ancestral lands and the encroachment of their cultural lifeways; Therefore we, the voters of the Town of Brewster, support Bills# HD.2968 and SD.1495 calling for an investigation by a special commission,including members of the legislature and representatives of Native Nations of Massachusetts, to recommend changes to the State Flag and Seal of the Commonwealth. (Citizens Petition) (Majority Vote Required) COMMUNITY PRESERVATION ACT/Reallocation of Fund Balance ARTICLE NO. 22: To see what sums the Town will vote to transfer to the Community Preservation Fund reserved and unreserved fund balances from the unspent remainder of projects approved in prior fiscal years so that such sums are available for future appropriation or transfer from available funds in the Community Preservation Fund for particular community preservation purposes as follows: Item# From: To: Amount 1 Fund Balance Reserved for Fund Balance Reserved for $17,416 Community Preservation Open Space 2 Fund Balance Reserved for Fund Balance Reserved for $6,295 Community Preservation Community Housing 3 Fund Balance Reserved for Fund Balance Reserved for $12,098 Community Preservation Historic Preservation Total $35,809 or to take any other action relative thereto. (Community Preservation Committee) (Majority Vote Required) STAFFING REQUEST ARTICLE NO.23:To see if the Town will vote to authorize the creation of one(1) Program Coordinator position within the Council on Aging, one (1) Natural Resource Officer position within the Natural Resources Department, and two (2) Firefighter/Paramedics within the Fire Department; and, as funding therefor and for payment of related benefit expenses, to raise and appropriate the sum of THREE HUNDRED NINE THOUSAND DOLLARS ($309,000), provided, however, that the vote taken hereunder shall be expressly contingent upon approval by the Town at a Regular or Special Town Election to authorize such sums to be raised outside the limits of Proposition 2%so-called, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) Page 18 of 19 OTHER BUSINESS ARTICLE NO . 24a To act upon any other business that may legally come before this meeting; or take any other action related thereto . ( Board of Selectmen ) ( Majority Vote Required ) And you are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting as aforesaid . Given under our hand and Seal of the Town of Brewster affixed this 8th day of April 2019 . Cynthi A. it David C . hitney, ice Chair Benjamin W . deRuyter, Clerk �1 John T. Dickson Mar W. affee I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Annual Town Meeting of May 6, 2019 by posting attested copies thereof, in the following locations in the Town on the 10th day of April 2019 . Brewster Town Offices Cafe Alfresco Brewster Ladies Library Brewster Pizza House The Brewster General Store Millstone Liquors U . S . Post Office '�;50 Roland W . Bassett, Jr. ConstJe Page 19Df 19 _ _ _ _ I