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HomeMy Public PortalAbout2019-05-06 Special-Annual Town Meeting ReportMay 6th, 2019 Special/Annual Town Meeting Report Page 1 of 24 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 May 6th, 2019 Special/Annual Town Meeting Report Page 2 of 24 ATM/STM Report May 6th, 2019 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 May 6th, 2019 Special/Annual Town Meeting Report Page 3 of 24 ATM/STM Report May 6th, 2019 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. May 6th, 2019 Special/Annual Town Meeting Report Page 4 of 24 ATM/STM Report May 6th, 2019 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 May 6th, 2019 Special/Annual Town Meeting Report Page 5 of 24 ATM/STM Report May 6th, 2019 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; May 6th, 2019 Special/Annual Town Meeting Report Page 6 of 24 ATM/STM Report May 6th, 2019 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. May 6th, 2019 Special/Annual Town Meeting Report Page 7 of 24 ATM/STM Report May 6th, 2019 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 May 6th, 2019 Special/Annual Town Meeting Report Page 8 of 24 ATM/STM Report May 6th, 2019 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 May 6th, 2019 Special/Annual Town Meeting Report Page 9 of 24 ATM/STM Report May 6th, 2019 • $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. May 6th, 2019 Special/Annual Town Meeting Report Page 10 of 24 ATM/STM Report May 6th, 2019 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 May 6th, 2019 Special/Annual Town Meeting Report Page 11 of 24 ATM/STM Report May 6th, 2019 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 May 6th, 2019 Special/Annual Town Meeting Report Page 12 of 24 ATM/STM Report May 6th, 2019 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 May 6th, 2019 Special/Annual Town Meeting Report Page 13 of 24 ATM/STM Report May 6th, 2019 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 May 6th, 2019 Special/Annual Town Meeting Report Page 14 of 24 ATM/STM Report May 6th, 2019 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 May 6th, 2019 Special/Annual Town Meeting Report Page 15 of 24 ATM/STM Report May 6th, 2019 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: May 6th, 2019 Special/Annual Town Meeting Report Page 16 of 24 ATM/STM Report May 6th, 2019 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 May 6th, 2019 Special/Annual Town Meeting Report Page 17 of 24 ATM/STM Report May 6th, 2019 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. May 6th, 2019 Special/Annual Town Meeting Report Page 18 of 24 ATM/STM Report May 6th, 2019 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 May 6th, 2019 Special/Annual Town Meeting Report Page 19 of 24 ATM/STM Report May 6th, 2019 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. May 6th, 2019 Special/Annual Town Meeting Report Page 20 of 24 ATM/STM Report May 6th, 2019 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. May 6th, 2019 Special/Annual Town Meeting Report Page 21 of 24 ATM/STM Report May 6th, 2019 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. May 6th, 2019 Special/Annual Town Meeting Report Page 22 of 24 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 May 6th, 2019 Special/Annual Town Meeting Report Page 23 of 24 ATM/STM Report May 6th, 2019 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. May 6th, 2019 Special/Annual Town Meeting Report Page 24 of 24 ATM/STM Report May 6th, 2019 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