HomeMy Public PortalAbout2019-05-06 Special-Annual Town Meeting ReportMay 6th, 2019 Special/Annual Town Meeting Report
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ATM/STM Report May 6th, 2019
Report of the
Special & Annual Town Meetings
held May 6th, 2019
In accordance with the Warrant, the Annual & Special Town Meetings were held in the
Stony Brook Elementary School Cafetorium on Monday, May 6th, 2019.
The counters and tellers were Pamela Smith, Cynthia Mathison, Lauren Elliott-Grunes,
David Quinn, Tammi Mason, Emily Sumner, Noah Smith, Sally Andreola, June Cameron,
Curt Taylor, Cheryl Kimberly, Ann Quirk; Town Clerk of Barnstable, Julie Smith; Town
Clerk of Chatham, Terri Bunce; Town Clerk of Dennis, Kelly Darling; Assistant Town
Clerk of Orleans, Jayanne Sci, Assistant Town Clerk and Thaddeus Nabywaniec, Francis
L. Smith, Board of Registrars.
A quorum was present with 870 of 7,844 voters. 11%
The Annual Town Meeting was called to order at 6:00 pm by the Moderator, Charles L.
Sumner.
●At this time the Select Board Chair Cynthia Bingham took a moment to share a
Proclamation with Mark Forest the Acting Town Administrator for his work over the
preceding months.
The Annual Town Meeting was adjourned at 6:04pm for the start of the Special Town
Meeting.
The Special Town Meeting of May 6th, 2019 was called to order at 6:05pm by the
Moderator, Charles L. Sumner.
The Moderator verified service of the Warrant with the Town Constable, Roland Bassett,
Jr. on April 10, 2019, being no objections the Moderator dispensed with the reading of
the Articles.
UNPAID BILLS
ARTICLE NO. 1: To see what sums the Town will vote to appropriate, and also to raise,
borrow pursuant to an applicable statute or transfer from available funds for the
payment, pursuant to G.L. c.44, §64, of unpaid bills from previous fiscal years, including
any bills now on overdraft:
Or to take any other action relative thereto.
(Board of Selectmen) (Nine-tenths Vote Required)
Select Board Chair Cynthia Bingham: I move to indefinitely postpone
consideration of Article No. 1.
Action on Article No. 1: Adopted Unanimously. Voice.
BUDGETARY TRANSFERS
ARTICLE NO. 2: To see what sums the Town will vote to transfer into various line items
of the Fiscal Year 2019 General Fund operating budget from other line items of said
budget and from other available funds:
FROM TO AMOUNT
a Assessors, Council on Aging, Natural
Resources & Fringe Benefits
Finance & Operations $82,000
b Fringe Benefits Selectmen & Town
Administrator
$10,000
c Article 4, item h of May 2, 2016 Special
Town Meeting, Town Hall Roof Project
& General Insurance
Article 4, item b of May 2,
2016 Special Town
Meeting, Town Hall
Window Replacement
$43,719
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Or to take any other action relative thereto.
(Board of Selectmen) (Majority Vote Required)
Select Board Member David Whitney: I move to approve the columns entitled, “TO”
and “AMOUNT” in the Chart appearing under Article No. 2, and as funding therefor,
to transfer the following sums:
Transfer to Finance & Operations:
• $10,000 from the Assessors budget,
• $25,000 from the Council on Aging budget,
• $33,000 from the Natural Resources budget,
• $14,000 from the Fringe Benefits budget
Transfer to Selectman & Town Administrator:
• $10,000 from the Fringe Benefits budget
Transfer to Article 4, item b of the May 2016 Special Town Meeting, Town Hall
Window Replacement:
• $25,601 from Article no. 4, item h, of the May 2016 Special Town Meeting,
and
$18,118 from the General Insurance budget.
Action on Article No. 2: Adopted. Voice.
FUEL DEPOT
ARTICLE NO. 3: To see if the Town will appropriate FIVE HUNDRED FIFTY THOUSAND
DOLLARS ($550,000), or any other amount, to pay costs of engineering, design and
construction of a fuel depot and removal of the underground diesel tank located at the
Department of Public Works, generally located at 201 Hill Road, including the payment
of all other costs incidental and related thereto; to determine whether this appropriation
shall be raised by taxation, transfer from available funds, borrowing or otherwise, or to
take any other action relative thereto.
(Board of Selectmen) (Two -Thirds Vote Required)
Select Board Member Mary Chaffee: I move that the Town appropriate $550,000 to
pay costs of engineering, design and construction of a fuel depot and removal of the
underground diesel tank located at the Department of Public Works, generally
located at 201 Run Hill Road, including the payment of all other costs incidental
and related thereto, and that to meet this appropriation, the Town Treasurer, with
the approval of the Board of Selectmen, is authorized to borrow said sum under and
pursuant to M. G. L. c.44, §§7 or 8, or any other enabling authority, and to issue
bonds or notes of the Town therefor; and that any premium received by the Town
upon the sale of any bonds or notes approved by this vote, less any premium applied
to the payment of the costs of issuance of such bonds or notes, may be applied to
the payment of costs approved by this vote in accordance with M.G.L. c.44, §20,
thereby reducing the amount authorized to be borrowed to pay such costs by a like
amount.
Action on Article No. 3: Adopted by a Moderator declared 2/3 vote. Voter Cards.
WATER DEPARTMENT RESERVE FUND
ARTICLE NO. 4: To see if the Town will vote to appropriate THIRTY-ONE THOUSAND
DOLLARS ($31,000) from the Water Receipts Reserved for Appropriation Fund, in
accordance with G.L. c. 41, §69B, for the purpose of offsetting costs associated with
current fiscal year fuel and Medicare costs; all expenditures to be made by the Water
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Department, subject to approval of the Town Administrator, or to take any other action
relative thereto.
(Board of Selectmen) (Majority Vote Required)
Select Board Member John Dickson: I move to approve Article No. 4 as printed in
the warrant.
Action on Article No. 4: Adopted Unanimously. Voice.
TRI TOWN SEPTAGE TREATMENT PLANT POST EMPLOYMENT BENEFITS
ARTICLE NO. 5: To see if the Town will vote to transfer from available funds FORTY
FIVE THOUSAND DOLLARS ($45,000), to pay Brewster’s share of post-employment
benefits for the retirees of the Tri-Town Septage Treatment Facility, including the payment
of all costs incidental and related thereto, or to take any other action relative thereto.
(Board of Selectmen) (Majority Vote Required)
Select Board Member Mary Chaffee: I move to approve Article No. 5 as printed in
the warrant and as funding therefor, to transfer the sum of $45,000 from the FY
2019 Fringe Benefits budget.
Action on Article No. 5: Adopted Unanimously. Voice.
PROPERTY VALUATION SERVICES
ARTICLE NO. 6: To see if the Town will vote to transfer from the Overlay Surplus account
EIGHTY THOUSAND DOLLARS ($80,000) for the purposes of conducting revaluations
of real and personal property and to authorize the Town Administrator to solicit bids
and/or proposals, enter into a contract or contracts and expend said funds for this
purpose, or to take any other action relative thereto.
(Board of Assessors) (Majority Vote Required)
Assessors Board Member Belinda Eyestone: I move to approve Article No. 6 as
printed in the warrant.
Action on Article No. 6: Adopted. Voice.
CONVEYANCE OF LAND TO DEPARTMENT OF CONSERVATION & RECREATION
ARTICLE NO. 7: To see if the Town will vote to transfer the care, custody, management
and control of six (6) parcels of Town-owned property located northwesterly of Route 6 at
Nickerson State Park and identified by the Town Assessor as Map 133, Parcels 1, 3, 8, 9,
11 and 17 from the board or officer currently having such care, custody, management or
control to the Select Board for the sale of the fee or other interest in such parcels; to
authorize the Select Board to convey to the Commonwealth of Massachusetts Department
of Conservation and Recreation the fee or lesser interests in such parcels for ONE
HUNDRED FORTY THOUSAND DOLLARS ($140,000), on such other terms and
conditions or for such other amount as the Select Board deems to be in the best interest
of the Town; to authorize the Select Board to execute and deliver all instruments and
agreements as the Select Board may deem necessary to effectuate such conveyance; or
to take any other action relative thereto.
(Board of Selectmen) (Two-Thirds Vote Required)
Select Board Member Mary Chaffee: I move to approve Article No. 7 as printed in
the warrant.
Action on Article No. 7: Adopted by a Moderator declared 2/3 vote. Voter Cards.
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CITIZEN PETITON/Zoning Bylaw Amendment/Table of Use Regulations
ARTICLE NO. 8: To see if the Town will vote to amend Section 179-11 of the Brewster
Code (Zoning By-law), table of use regulations, by deleting the current Table of Use
Regulations relating to Marijuana Cultivators, Marijuana Product Manufacturer,
Independent Testing Laboratories, Marijuana Retailers, Any Other Licensed Recreational
Marijuana Establishments, and Medical Marijuana Dispensaries (MMD) and replacing it
with the following Table of Uses, or to take any other action relative thereto:
R-R R-L R-M C-H VB I MRD PWS-CF
Marijuana
Cultivator
- - - - - S - -
Marijuana Product
Manufacturer
- - - - - - -
Independent
Testing Laboratory
- - - - - - -
Marijuana Retailer - - - - - - - -
Any Other Licensed
Recreational
Marijuana
Establishment
- - - - - - - -
Medical Marijuana
Dispensary
- - - S S - - -
(Citizen’s Petition) (Two Thirds Vote Required)
Betsy Smith Citizen: I move to fix the method of voting on Article No. 8 by secret
ballot.
Action on Motion by Betsy Smith: Defeated. Voter Cards.
Moderator proposed limiting debate to 45 minutes on Article No. 8.
Steven Baty appealed the ruling of the Moderator.
Moderator put to a citizen vote: Shall the decision of the Moderator be reversed?
Action on Steven Baty appeal: Defeated. Voice.
Diane Driscoll Citizen: I move to approve Article No. 8 as printed in the warrant.
Action on Motion by Diane Driscoll: Defeated. Counted Yes – 403, No - 404
OTHER BUSINESS
ARTICLE NO. 9: 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)
Select Board Chair Cynthia Bingham: I move that the Town vote to dissolve the
2019 Special Town Meeting.
Action on Article No. 9: Adopted Unanimously. Voice.
The Special Town Meeting of May 6th, 2019 was dissolved at 7:49pm.
A True Copy Attest:
Colette M. Williams
CMC/CMMC
Town Clerk
Brewster, MA
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The Annual Town Meeting was reconvened and called to order at 7:50pm.
►The Finance Committee presented their report at the start of the Annual Town
Meeting; attached.
The Moderator verified service of the Warrant with the Town Constable, Roland Bassett,
Jr. on April 10, 2019, being no objections the Moderator dispensed with the reading of
the Articles.
Consent Calendar
Select Board Member Benjamin deRuyter:
I move to approve the following articles as printed in the warrant:
●Article No. 4 – Assessment Formula for Nauset Regional Schools
●Article No. 11 – Revolving Funds
●Article No. 12 – Special Revenue Fund/Cable Franchise Fee Account
●Article No. 13 – Skipping Program/Funding Request
●Article No. 14 – Acceptance of Grants and Gifts
●Article No. 15 – Repair and Resurface Town Roads/Chapter 90
Action on Consent Calendar: Adopted. Voice.
8:02pm
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
FY2018
APPROPRIATED
FY2019
REQUESTED
FY2020
CAPE COD TECH
ASSESSMENT
$831,711 $845,458 $761,787
DEBT ASSESSMENT New in FY20 New in FY20 $489,116
TOTAL ASSESSMENT $831,711 $845,458 $1,250,903
or to take any other action relative thereto.
(Cape Cod Technical School Committee) (Majority Vote Required)
Cape Cod Reg’l Tech’l Member Dr. Richard Hoffmann: I move to approve Article
No. 1 as printed in the warrant, with the following changes: to decrease the amount
appropriated for FY20 Cape Cod Tech Assessment from $761,787 to $753,875, to
increase the amount appropriated for FY20 Debt Assessment by $1.00 from
$489,116 to $489,117, and further to reduce accordingly, the amount to be raised
and appropriated for the total assessment from $1,250,903 to $1,242,992.
Action on Article No. 1: Adopted. Voice.
8:07pm
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;
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DEPARTMENT EXPENDED
FY2018
APPROPRIATED
FY2019
REQUESTED
FY2020
ELEMENTARY SCHOOL
BUDGET
$6,693,456 $7,645,987 $7,777,113
SCHOOL FRINGE BENEFITS $1,960,608 $2,102,559 $2,215,147
TOTAL ASSESSMENT: $8,654,064 $9,748,546 $9,992,260
or to take any other action relative thereto.
(Elementary School Committee) (Majority Vote Required)
Brewster School Committee Member David Telman: I move to approve Article No.
2 as printed in the warrant and as funding therefor to raise & appropriate the sum
of $9,992,260.
Action on Article No. 2: Adopted Unanimously. Voice.
8:09pm
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 EXPENDED
FY2018
APPROPRIATED
FY2019
REQUESTED
FY2020
NAUSET
ASSESSMENT
$9,953,157 $10,397,696 $10,812,935
NAUSET DEBT
ASSESSMENT
$114,632 $115,162 $122,175
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)
Nauset School Committee Member Richard Stewart: I move to approve Article No.
3 as printed in the warrant and as funding therefor to raise and appropriate the
sum of $10,935,110.
Action on Article No. 3: Adopted Unanimously. Voice.
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)
Adopted under the Consent Calendar.
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8:10pm
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
Committee
$103,777 $104,700 $104,700
Assessors $218,056 $207,306 $130,307
Accounting $209,050 $193,951 $226,822
Treasurer/
Collector
$238,353 $263,386 $275,715
Information
Technology
$195,523 $262,018 $226,447
Legal $137,025 $165,640 $175,640
Moderator $300 $300 $300
Planning $163,552 $162,616 $171,315
Select Board /
Town
Administration
$447,016 $468,557 $480,292
Town Clerk $169,839 $185,365 $185,782
SUBTOTAL
GENERAL
GOVERNMENT
$1,882,491 $2,013,839 $1,977,320
SAFETY & PROTECTION
Building
Department
$386,265 $409,020 $419,608
Fire Department $1,907,154 $1,989,696 $2,088,535
Health
Department
$233,095 $244,176 $259,893
Natural Resources $353,184 $446,015 $358,143
Police
Department
$2,574,736 $2,666,710 $2,834,611
SUBTOTAL SAFETY &
PROTECTION
$5,454,434 $5,755,617 $5,960,790
MAINTENANCE
Public Buildings $173,936 $159,770 $164,121
Public Works $1,683,720 $1,941,296 $1,728,362
Snow & Ice
Removal
$263,174 $154,775 $158,644
Utilities $293,303 $461,988 $422,686
SUBTOTAL
MAINTENANCE
$2,414,133 $2,717,829 $2,473,813
HUMAN SERVICES
Council on Aging $256,552 $316,473 $287,075
Veteran’s Services $60,220 $76,670 $78,587
Memorial &
Veterans Day
$1,000 $1,500 $1,500
SUBTOTAL
HUMAN SERVICES
$317,772 $394,643 $367,162
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CULTURE & RECREATION
Brewster Ladies
Library
$611,040 $643,442 $656,542
Recreation $137,249 $193,652 $198,484
Millsites $4,000 $4,000 $4,000
SUBTOTAL
CULTURE &
RECREATION
$752,289 $841,094 $859,026
CONTRACTUAL OBLIGATIONS
Town Contractual
Obligations
$328,144 $0 $0
SUBTOTAL CONTRACTUAL
OBLIGATIONS
$328,144 $0 $0
DEBT SERVICE
Principal &
Interest
$1,614,449 $2,194,375
$2,288,229
SUBTOTAL DEBT
SERVICE
$1,614,449 $2,194,375 $2,288,229
INSURANCE & FRINGE BENEFITS
General Insurance $421,409 $513,850 $485,000
Fringe Benefits
Including OPEB
$3,339,673 $3,796,932 $4,061,332
SUBTOTAL
INSURANCE &
FRINGE BENEFITS
$3,761,082 $4,310,782 $4,546,332
OTHER OPERATING EXPENSE & ASSESSMENTS
Assessments $48,330 $50,161 $56,507
Alewives $1,181 $4,350 $4,350
Stabilization Fund $45,000 $275,000 $0
Local Service
Funding
$160,370 $165,840 $170,234
SUBTOTAL OTHER
OEPRATING
EXPENSE &
ASSESSMENTS
$254,881 $495,351 $231,091
EXPENDED
FY 2018
APPROPRIATED
FY 2019
REQUESTED
FY 2020
GRAND TOTAL OF
GENERAL FUND
OPERATING
BUDGETS
$16,779,675 $18,608,368 $18,703,763
Or to take any other action relative thereto.
(Board of Selectmen) (Majority Vote Required)
Select Board Chair Cynthia Bingham: I move to approve Article No. 5 as printed in
the warrant and appropriate the total sum of $18,703,763, and, as funding
therefore, that the Town raise and appropriate the sum of $18,234,917, and
transfer the following sums:
• $50,000 from the Overlay Surplus account,
• $154,400 from the Cape Cod Municipal Health Group Retiree Drug Subsidy
gift account
• $65,000 from the Tele-communications account,
• $16,234 from Bond Amortization from Article No. 30 of the May 4, 2015
Annual Town Meeting, Road Repair & Resurfacing Program
• $19,576 from Bond Amortization from Article No. 5 of the May 5, 2014
Special Town Meeting, Eddy Elementary School Renovation Project
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• $5,000 from the Municipal Waterways account
• $7,200 from the Cable Franchise Fee account
• $151,436 from Road Betterment Receipts Reserved for Appropriation account
Action on Article No. 5: Adopted. Voice.
8:15pm
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)
Select Board Member John Dickson: I move to approve Article No. 6 as printed in
the warrant.
Action on Article No. 6: Adopted. Voice.
8:17pm
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, §5F, 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)
Select Board Chair Cynthia Bingham: I move to approve Article No. 7 as printed in
the warrant.
Action on Article No. 7: Adopted Unanimously. Voice.
8:17pm
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)
Select Board Member John Dickson: I move to approve Article No. 8 as printed in
the warrant.
Action on Article No. 9: Adopted Unanimously. Voice.
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8:19pm
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
Historic Preservation
Transfer to reserve from
estimated annual
revenues in accordance
with G.L. c.44B, §6
Fiscal Year 2020 CPA
estimated annual
revenues
$115,000
Sub-total $115,000
2 Community Housing
a. Town of Brewster – Town
Administration- Housing
Coordinator
Payroll and operating
costs for Part Time
Housing Coordinator
position to assist public
with affordable housing
program.
Fiscal Year 2020 CPA
estimated annual
revenues
$37,000
b. Community Development
Partnership- Cape
Housing Institute
Professional service costs
associated with training
program equipping local
elected and appointed
officials and residents
with knowledge and skills
to support creation of
more year- round
affordable housing
Fiscal Year 2020 CPA
estimated annual
revenues
$7,500
c. Designated Reserves for
Community Housing
Transfer to reserve from
estimated annual
receipts in accordance
with G.L. c.44B, §6
Fiscal Year 2020 CPA
estimated annual
revenues
$70,500
Sub-total $115,000
3 Open Space
a. Community
Preservation Bonded
Debt Service
Payment of debt
principal and interest for
the Jolly Whaler, BBJ
Property, and Bates
Property bonds
Fiscal Year 2020 CPA
estimated annual
revenues
$285,953
Purpose Item Funding Source(s) Amount
b. Community
Preservation Loan
Debt Service
Payment on temporary
note for the Besse
Cartway/Long Pond
property loan
Appropriate $289,047
from Fiscal Year 2020
CPA estimated annual
revenues; transfer
$162,653 from Fund
Balance Reserved for
Open Space
$451,700
Sub-total $737,653
4 Reserves for Community Preservation
a. Town of Brewster- Dog
Park Development
Committee
Creation of community
dog park, including all
incidental and related
costs
Fiscal Year 2020 CPA
estimated annual
revenues
$50,300
b. Administration
Expense
Administration and
operating expenses for
Community Preservation
Committee
Fiscal Year 2020 CPA
estimated annual
revenues
$57,500
c. Designated Reserves
for Community
Preservation
Transfer to reserve from
estimated annual
Fiscal Year 2020 CPA
estimated annual
revenues
$237,200
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revenues in accordance
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)
Community Preservation Member Faythe Ellis: I move to approve Article No. 9 as
printed in the warrant, provided, however, that Item 4a, Reserves for Community
Preservation – Town of Brewster Dog Park Development Committee, be indefinitely
postponed; and item 4c, a transfer from Community Preservation Fund FY2020
estimated annual revenues to the Designated Reserves for Community
Preservation, be increased from $237,200 to $287,500.
Action on Article No. 9: Adopted. Voice.
10:05pm
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) /
Appropriation or
Transfer
Amount
1 Select Board
a. Affordable Housing Trust Cost to create, support
and maintain housing
and housing programs
General Fund Free
Cash
$100,000
b. Dog Park Maintenance Costs for maintenance of
a dog park
General Fund Free
Cash
$1,000
c. Town Hall Upgrades Costs for Town Hall
upgrade projects,
including but not limited
to tile replacement and
replacement of meeting
room tables & chairs
General Fund Free
Cash
$6,500
Sub-total $107,500
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Department Item Funding Source(s) /
Appropriation or
Transfer
Amount
2 Department of Public Works
a. Road & Drainage Projects Professional services,
including engineering,
permitting and
construction costs, for
Town road maintenance
and drainage projects
General Fund Free
Cash
$75,000
b. MS4 Compliance Professional services for
monitoring of
stormwater and
purchase software for
MS4 permitting, feet
management and work
order system.
General Fund Free
Cash
$70,000
c. Landfill Monitoring &
Sampling Expense
Professional services for
monitoring
landfill/transfer station
operations
General Fund Free
Cash
$50,000
d. Tree Work Professional services for
tree work and/or
removal of trees are
deemed a safety hazard
by the Public Works
Department
General Fund Free
Cash
$20,000
Sub-total $215,000
3 Elementary School Department
a. Repairs & Paving of Eddy
School Parking lot
Costs for repairs to Eddy
School parking lot
General Fund Free
Cash
$20,000
b. Sidewalk & Curbing Design
& Repair project – Eddy
School
Professional services and
costs for sidewalk and
curbing design and
temporary repairs
General Fund Free
Cash
$15,000
c. Stony Brook Roof Repair Costs for repairs to the
Stony Brook roof
General Fund Free
Cash
$10,000
d. Technology Upgrades and
Improvements
Ongoing information
system and equipment
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
General Fund Free
Cash
$50,000
e. HVAC, Plumbing, Electrical
Maintenance & Repairs
Professional services and
costs for upgrades,
repairs and replacement
of HVAC plumbing and
electrical systems
(equipment, supplies and
related
software/hardware) at
Eddy and Stony Brook
Elementary Schools
Article 10, item 3a of
May 1, 2017 Annual
Town Meeting,
HVAC/Ventilators
$25,000
f. Exterior & Interior Painting
Project
Professional services and
costs for interior/exterior
painting at Eddy and
Stony Brook Elementary
Schools
General Fund Free
Cash
$20,000
Sub-total $140,000
4 Nauset Regional School District
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a. Construction Account Professional services and
costs, including
procuring, engineering,
permitting, repair and
maintenance of
buildings, grounds, and
equipment within the
Nauset Middle School
and Nauset High School
Raise and appropriate
$247,133
Sub-total $247,133
5 Police Department
a. Patrol Vehicle
Replacement (2 units)
Professional services and
costs for purchasing and
equipping two police
vehicles
General Fund Free
Cash
$100,000
b. DVR Replacement Costs for a digital video
recorder and related
equipment
General Fund Free
Cash
$22,000
c. Taser Equipment
Replacement
Purchase of Police taser
equipment
General Fund Free
Cash
$35,000
Sub-total $157,000
6 Natural Resources
a. Comprehensive Water
Management Planning
Professional services and
costs for preparing
studies, developing
engineering plans, and
coordinating inter-
municipal water
resources management
planning efforts for the
Town
General Fund Free
Cash
$75,000
b. Long Pond Boat Ramp Professional services and
costs for engineering,
repairs, improvements
and remediation to Long
Pond including the boat
ramp and parking area
General Fund Free
Cash
$115,000
c. Upper Mill Pond Professional services and
costs for engineering,
repairs, improvements
and remediation to
Upper Mill Pond
General Fund Free
Cash
$148,720
d. Spruce Hill Stairs Repair Professional services and
costs for engineering,
repairs and construction
of beach access at Spruce
Hill conservation area
General Fund Free
Cash
$8,000
e. Beach & Landing Repairs Professional services and
costs for repairs and
improvements to various
public beaches and public
landings throughout
town
General Fund Free
Cash
$30,000
f. Paines Creek Footbridge Professional services and
costs related to installing
a replacement foot
bridge and new raised
walkway at the east end
of Paines Creek beach
General Fund Free
Cash
$8,000
g. Pleasant Bay Watershed
Permit
Matching funds to a
$250,000 grant from US
EPA’s Southeast New
England
Estuaries Program (SNEP)
watershed grants
program
General Fund Free
Cash
$17,447
Sub-total $402,167
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7 Information Technology
a. Technology Upgrades and
Replacement
Professional services and
costs related to
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
General Fund Free
Cash
$25,000
Sub-total $25,000
8 Ladies Library
a. Fence
Repairs/Replacement
Costs for procuring,
repairing and replacing
fencing
General Fund Free
Cash
$9,500
b. Gutter Replacement Costs for procuring,
repairing and replacing
gutters
General Fund Free
Cash
$30,000
Sub-total $39,500
9 Fire Department
a. Fire Suppression
Equipment
Costs associated with
replacing and/or
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
General Fund Free
Cash
$45,000
b. Rescue Billing Costs for rescue billing
services
Ambulance Receipts
Reserved for
Appropriation
$35,000
c. Regional Dispatch Costs for regional
dispatch services
Ambulance Receipts
Reserved for
Appropriation
$85,000
d. Replace Car 249, Fire
Prevention/First
Responders Vehicle
Costs for purchase of one
fire prevention /first
responders vehicle and
associated equipment
Ambulance Receipts
Reserved for
Appropriation
$50,000
e. Personal Protection
Equipment
Costs for purchase of
personal protection
equipment
Ambulance Receipts
Reserved for
Appropriation
$40,000
f. Rescue Pumper Lease Costs for lease payment
for rescue pumper
Ambulance Receipts
Reserved for
Appropriation
$72,000
g. Ambulances Leases Costs for lease payment
for ambulance 243 and
242
Ambulance Receipts
Reserved for
Appropriation
$117,000
h. Replace Cardiac Monitors Costs for purchase of
four cardiac monitor
defibrillators
Ambulance Receipts
Reserved for
Appropriation
$175,000
i. Ambulance 244 new five
year Lease
Cost for first year lease
payment for ambulance
244
Ambulance Receipts
Reserved for
Appropriation
$60,000
Sub-Total $679,000
10 Golf Department
a. Reel Grinding Equipment Costs for purchase of
bedknife grinder and any
associated equipment
Borrowing $35,000
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b. Pick Up Truck costs for purchasing and
equipping one pick-up
truck
Borrowing $50,000
c. Well Recondition and
Pump Replacement Project
Costs for well
reconditioning and pump
replacement
Borrowing $55,000
d. Clubhouse Fire Alarm
System
Costs for purchasing a
fire alarm system
Borrowing $20,000
e. Clubhouse Repairs Costs for repairs to
exterior of the clubhouse
Borrowing $20,000
Sub-Total $180,000
11 Water Department
a. Construction Account Costs for goods,
materials and services to
maintain and repair the
Town’s water system
Water Receipts
Reserved for
Appropriation
$180,000
b. Backhoe Purchase and equipping
of one (1) backhoe
Water Receipts
Reserved for
Appropriation
$130,000
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)
Select Board Member David Whitney: I move to approve Article No. 10 as printed
in the warrant, including funding sources as listed, provided, however, that: item
1b Dog Park Maintenance be indefinitely postponed; that the sub total for Select
Board be reduced from $107,500 to $106,500; and that the total amount to be
appropriated under this article be reduced accordingly from $2,502,300 to
$2,501,300; and, with respect to the items listed in category 10, Golf Department,
items a through e, inclusive, and including all incidental and related costs, to
authorize the Treasurer, with the approval of the Board of Selectmen, to borrow
said $180,000 under and pursuant to M.G.L. c.44, §§7 or 8, or any other enabling
authority, and to issue bonds or notes of the Town therefor; the amounts
appropriated by this vote shall be expended by the Town Administrator with the
approval of the Board of Selectmen, and further, that the Town Administrator with
the approval of the Board of Selectmen, is authorized to sell, convey, trade-in or
otherwise dispose of equipment being replaced; and further, any premium received
by the Town upon the sale of any bonds or notes, may be applied to the payment of
costs approved by this vote and in accordance with M.G.L. c.44, §20, thereby
reducing the amount authorized to be borrowed to pay such costs by a like amount.
Christopher Powicki Citizen: I move to amend Article No. 10 to delete Item 6b,
Long Pond Boat Ramp and the proposed use of $115,000, and to reduce the grand
total of proposed Capital and Special Projects Expenditures by $115,000.
Action on Amendment: Defeated. Voice.
Action on Article No. 10: Adopted by a Moderator declared 2/3 vote. Voice.
REVOLVING FUNDS
ARTICLE NO. 11: To see if the Town will vote to pursuant to G.L. c.44, §53 E ½ 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:
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Fund Revenue
Source
Authority to
Spend
Use of Fund Fiscal Year
Spending Limit
Crosby Mansion Fees received
for property
and cottage
rentals, tours,
and events.
Crosby Mansion
Property
Manager
Expenses shall be
related to salaries
and operations of
the Crosby Mansion
and cottages and
not used for any
other purposes.
$200,000
Recreation Fees and
Charges related
to Seasonal
Programs, Yoga,
Youth Sports,
Adult Fitness,
Tennis and
Special Events
Department
Head -
Recreation
Expenses shall be
related to salaries
and operations of
providing
Recreational
Services and not
used for any other
purposes.
$200,000
Telecommunications Fees and
charges related
to cell towers
Department
Head –
Information
Technology
Expenses shall be
related to
operating,
maintaining, and
improvement
telecommunications
in town
departments.
$200,000
Total $600,000
Or to take any other action relative thereto.
(Board of Selectmen) (Majority Vote Required)
Adopted under the Consent Calendar.
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)
Adopted under the Consent Calendar.
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)
Adopted under the Consent Calendar.
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
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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)
Adopted under the Consent Calendar.
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)
Adopted under the Consent Calendar.
10:28pm
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
strikethrough 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
Community Preservation Committee, and the Planning Board, shall serve for a term of one year, and
thereafter for two years. 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-large Trustees shall serve for terms of two years. 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)
Select Board Member Benjamin deRuyter: I move to approve Article No. 16 as
printed in the warrant.
Action on Article No. 16: Adopted. Voice.
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9:04pm
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)
Victor Roberts Citizen: I move to amend the Code of the Town of Brewster,
Massachusetts, by inserting the following new bylaw as Chapter 135, Article II,
§135-3:
Effective September 1, 2020, the procurement by the Town of Brewster of either
water or any other beverage in plastic containers of any size is prohibited, and the
sale of water or any beverage in plastic containers is prohibited on Town property.
In the event of a declaration by the Town Emergency Management Director, or other
duly-authorized official of the Town, Commonwealth of Massachusetts, or the
United States of America, of an emergency affecting either the availability to, or
quality of drinking water for, those using Town of Brewster water, the Town shall
be exempt from this bylaw until seven (7) calendar days after such declaration has
ended and any additional time needed until appropriate Town officials are able to
ensure delivery of safe drinking water for Brewster water users.
Select Board Member Mary Chaffee: I move to refer Article No. 17 to the Recycling
Commission for further study.
Select Board Member Mary Chaffee: Amendment to referral; add: for the purposes to
return to 2020 Annual Town Meeting with recommendations.
Action on Amendment: Adopted. Counted Yes – 194, No – 171.
Select Board Chair Cynthia Bingham: I make a motion to move the previous question.
Action on Moving the question: Adopted. Voice.
10:26pm
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
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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)
Community Preservation Committee Member Elizabeth Taylor: I move to approve
Article No. 18 as printed in the warrant.
Action on Article No. 18: Adopted by a Moderator declared 2/3 vote. Voice.
10:18pm
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. It is 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 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)
Select Board Member Benjamin deRuyter: I move to approve Article No. 19 as
printed in the warrant.
Action on Article No. 19: Adopted. Voice.
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10:15pm
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.
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.
B. 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.
B. 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.
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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 mils1 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.
B. 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.
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.
1 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.
2 GSM (Grams per Square Meter) is a measure of material durability.
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ATM/STM Report May 6th, 2019
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.
§ 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)
Recycling Commission Member: I move to approve Article No. 20 as printed in
the warrant.
Action on Article No. 20: Adopted. Voice.
9:58pm
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
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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;
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)
Citizen Margaret Rice Moir: I move to approve Article No. 21 as printed in the
warrant.
Action on Article No. 21: Adopted. Voice.
10:18pm
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
Community Preservation
Fund Balance Reserved for Open
Space
$17,416
2 Fund Balance Reserved for
Community Preservation
Fund Balance Reserved for
Community Housing
$6,295
3 Fund Balance Reserved for
Community Preservation
Fund Balance Reserved for
Historic Preservation
$12,098
Total $35,809
or to take any other action relative thereto.
(Community Preservation Committee) (Majority Vote Required)
Community Preservation Committee Member Faythe Ellis: I move to approve
Article No. 22 as printed in the warrant.
Action on Article No. 22: Adopted Unanimously. Voice.
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8:30pm
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 ½ so-called, or to take any other action relative thereto.
(Board of Selectmen) (Majority Vote Required)
Select Board Member David Whitney: I move to approve Article No. 23 as printed
in the warrant.
Amendment made by Citizen John Lamb: To amend article 23 by subdividing it
into two parts as follows:
Article No. 23a: To see if the Town will vote to authorize the creation of one (1)
Program Coordinator position within the Council on Aging and one (1) Natural
Resource Officer position within the Natural Resources Department and, as funding
therefor and for payment of related benefit expenses, to raise and appropriate the
sum of $159,000, 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 ½
so-called, or to take any other action relative there to.
Article No. 23b: To see if the Town will vote to authorize the creation of 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
$150,000, 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 ½ so-called, or
to take any other action relative thereto.
Action on Amendment: Defeated. Voice.
Action on Article No. 23: Adopted. Voice.
10:30pm
OTHER BUSINESS
ARTICLE NO. 24: 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)
Select Board Chair Cynthia Bingham: I move that the Town vote to dissolve the
2019 Annual Town Meeting.
Action on Article No. 24: Adopted Unanimously. Voice.
The Annual Town Meeting of May 6th, 2019 was dissolved at 10:30pm.
A True Copy Attest:
Colette M. Williams
CMC/CMMC
Town Clerk
Brewster, MA