HomeMy Public PortalAbout2019-11-18 Special Town Meeting Warrant TOWN OF BREWSTER SPECIAL TOWN MEETING NOVEMBER 18, 2019
Barnstable , ss
To : Roland W . Bassett, Jr. Constable of the Town of Brewster
Greetings :
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and
inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet in the
Cafeterium at the Stony Brook Elementary School, 384 Underpass Road , on Monday,
November 18, 2019, next, at 6 : 00 p . m . o' clock in the evening, then and there to act upon the
following articles :
OUTSTANDING OBLIGATIONS
ARTICLE NO . 1 : To see what sums the Town will vote to appropriate from available funds for
the payment of unpaid obligations from previous fiscal years, including any bills now on
overdraft :
Department Outstanding Obligations Amount
a . Water Department Water Department Wages $ 3, 133 . 21
b . Building Department Building Department Wages $ 3, 000 . 00
c. Recreation Department Recreation Department Wages $ 61000 . 00
Total $ 12, 133 . 21
Or to take any other action relative thereto .
(Select Board ) ( Majority Vote Required )
LEASE AUTHORIZATION
ARTICLE NO . 2 : To authorize the Town Administrator to enter into lease agreements for more
than three years but not more than five years for replacement of the Golf Department golf cart
fleet, in a manner consistent with the FY20 appropriation from the Golf Department Reserve
Fund approved by Town Meeting on May 6, 2019 , or to take any other action relative thereto .
(Select Board ) (Two-thirds Vote Required )
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CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO * 3 : To see what sums the Town will vote to raise and appropriate , or transfer from
available funds, 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 Select Board ; and further that the Town Administrator with the approval of the Select
Board be authorized to sell , convey, trade- in or otherwise dispose of equipment being replaced ,
all as set forth below :
Department Item Funding Source (s) / Amount
Appropriation or
Transfer
1 Select Board
a . Community Center Professional services General Fund Free $ 150, 000
Feasibility Study associated with Cash
conducting a feasibility
study regarding
programmatic needs,
and potential sites and
related development
costs for a community
center
b . Local Comprehensive Professional services General Fund Free $ 70, 000
Plan associated with Cash
completing a Local
Comprehensive Plan
c . Charter Committee Community outreach Transfer from Article $ 5 , 157
Community Outreach related to charter 2 from September 2,
development 2015 Special Town
Meeting, Visioning
Study
d . Compensation and Professional services General Fund Free $ 45 , 000
Classification Study associated with Cash
completing a
compensation and
classification study and
related staffing analysis
of all union and non -
union Town personnel
except for Fire and
Police union positions
Sub Total $ 270, 157
Page 2 of 9
Department Item Funding Source (s ) / Amount
Appropriation or
Tra nsfe r
2 Department of Public Works
a . Road Professional services, General Fund Free $ 250, 000
Maintenance/Drainage including engineering, Cash
permitting and
a construction costs
associated with road
maintenance and
drainage on various
streets throughout
Town
b . Utility Truck Purchasing and General Fund Free $ 80, 000
equipping one ( 1 ) Cash
utility truck to include,
but not limited to full
plow package,
emergency lighting,
and lift gate
c. Dump Truck Purchasing and General Fund Free $ 235 , 000
equipping one ( 1 ) Cash
Dump Truck, including
but not limited to
emergency lights, plow
package, material
spreader, and radios
d . MS4 Stormwater Professional services General Fund Free $ 25, 000
Compliance for MS4 stormwater Cash
permitting compliance
Sub Total $ 590, 000
3 Fire Department
a . Fire Engine Refurbishing storage General Fund Free $ 23 , 000
Compartment compartments in two Cash
Refurbishment ( 2 ) engines
Sub Total $ 23, 000
4 Natural Resources
a . Trailer for 24' Purchasing, equipping Waterways Fund $ 8, 000
powerboat and outfitting trailer
b . Outboard engine for Purchasing and Waterways Fund $ 12, 500
17' powerboat installing outboard
engine
Sub Total $ 20, 500
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Department Item Funding Source ( s ) / Amount
Appropriation or
Transfer
5 Information Technology
a . Technology upgrades Ongoing information General Fund Free $ 25 , 000
and replacements system and equipment Cash
improvements,
including but not
limited to the purchase
of desktop computers,
servers, productivity
and office software,
backup systems, and
other hardware /
software throughout
the Town
Sub Total $ 25, 000
6 Recreation
a . Utility Vehicle Purchase and Recreation Revolving $ 12, 000
equipping of one ( 1 ) Fund
utility vehicle
Sub Total $ 12, 000
7 Water Department
a . Generator Design Professional services, Water Fund Balance $ 180, 000
including engineering,
design , and bid for the
installation of seven ( 7 )
generators at Water
Department facilities
b . Great Fields Road Installation of new Water Fund Balance $ 125 , 000
Water Main water main
infrastructure to
provide domestic
water and fire
protection to
properties on Great
Fields Road
Sub Total $ 305, 000
Grand Total $ 1, 245, 657
Or to take any other action relative thereto .
(Select Board ) ( Majority Vote Required )
Page 4 of 9
PROPERTY VALUATION SERVICES
ARTICLE NO . 4a To see if the Town will vote to transfer from the Overlay Surplus account the sum
of Eighty Thousand Dollars ($ 80, 000 ) for the purposes of conducting revaluations of real and
personal property and to authorize the Town Administratorto 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 )
COMMUNITY PRESERVATION ACT FUNDING
ARTICLE NO . 5 : To see if the Town will vote to act upon the recommendations of the
Community Preservation Committee to appropriate from the Community Preservation Fund ,
including fund balances reserved for future expenditure, the amounts shown below, for the
purpose of future expenditures, Community Preservation Committee operating and
administrative expenses, and adding to the reserve funds related to Community Preservation ,
Historic Preservation , Open Space and /or Recreation , and Community Housing; and , as
appropriate, in connection therewith , to authorize the Select Board to accept an interest in land
in any of the described projects, and to authorize the Town Administrator to enter into
contracts, including grant agreements, for such purposes, all as follows :
Purpose Item Funding source (s) Amount
1 Community Housing
a . Friends Or Relatives Construction of Community Housing $ 80, 000
With Autism & Related affordable and Reserve
Disabilities ( FORWARD ) supportive housing for
8 adults with Autism
b . Brewster Affordable Preserve current $ 150, 000 from the $ 502, 500
Housing Trust Subsidized Housing Community Housing
-- Inventory ( SHI ) homes Reserve & $ 352, 500
that are at risk of being from Fiscal Year
lost as part of the 2020 CPA estimated
town ' s affordable annual revenues
housing stock
Sub-total $ 585, 500
2 Reserves for Community Preservation
a . Town of Brewster- Dog Creation of a Fst
Year 2020 CPA $ 52, 800
Park Development community dog park ated annual
Committee ues
Sub-total $ 52, 800
3 Open Space
a . Community Payment of existing Open Space Reserve $ 400, 000
Preservation Loan Debt debt principal for the
Service Besse Cartway/ Long
Pond property loan
b . Open Space Committee Update of Brewster' s $ 17, 500 from Open $ 32, 500
2013 Open Space and Space Reserve &
Recreation Plan $ 15 , 000 from Fiscal
Year 2020 CPA
- estimated annual
revenues
Sub-total $432, 500
Grand Total $ 1, 067, 800
Page 5 of 9
Or to take any other action relative thereto .
( Community Preservation Committee ) ( Majority Vote Required )
ZONING BYLAW AMENDMENT/Water Quality Protection District
ARTICLE NO . 6 : To see if the Town will vote to amend the Town Code by making the following
amendments to the Water Quality Protection District section of Chapter 179 Zoning Bylaws, as
show below, with text to be deleted material noted by stpikethrewgI4 and text to be inserted
show in bold and underlined , as follows :
179-56 D . Uses/ Structures allowed by Special Permit .
Section 2 ( a ) .
The application of fertilizers for nondomestic or nonagricultural uses . Such applications shall be
made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport,
deposition and sedimentation and shall conform to Chapter 119 of the Brewster Town Code,
Fertilizer Nutrient Control .
179-57 Performance Standards
Section A.
No new, altered or expanded uses within Zone I , Zone II and /or the DCPC area shall exceed a
five- parts- per- million ( ppm ) nitrogen loading standard based on the methodology contained in
the Cape Code Commission ' s Nitrogen Loading Technical Bulletin 91-001 . The concentration of
nitrate nitrogen resulting from domestic wastewater disposal and from fertilizer application ,
when diluted by rainwater recharge on the lot, shall not exceed five parts per million ( 5 ppm ) .
( 1 ) Compliance with this standard is presumed under the following conditions : For the purposes
of calculating nitrogen generation , the following standards shall be used :
( a ) Nitrogen from dwelling units that use septic systems ( assuming three persons per dwelling) :
35 mg/I ;
Nitrogen from lawn fertilizers : three two pounds per 1, 000 square feet ( 25 % leached ) ;
Nitrogen in background precipitation : 0 . 05 mg/ I ;
Runoff from roads and ways : 1 . 50 mg/I ;
Runoff from roofs : 0 . 75 mg/ I .
179- 61C .
Requirements . A certificate of water quality compliance shall be granted only as follows :
For new construction or additions or new activities not involving structures, only if in full
compliance with all requirements of § " 179- 57 Performance standards .
For change in occupancy or operation on previously developed premises, only if the
requirements of § 3.79-69179 -57 B, C and D are met, and the requirements of all other
subsections of § 1 , 7� 179-57 are either met or, if previously exceeded , there will be no
further increase in noncompliance .
179 -61D .
Submittals . In applying for a certificate of water quality compliance or a special permit, seven
sets of application materials shall be submitted to the Building Commissioner, who shall
forward one set to each member of the WQRC . In the case of uses requiring a special permit
under § 17 599 179- 56D , one set shall also be submitted to the SPGA along with any other
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application materials . All information necessary to demonstrate compliance must be submitted ,
including but not limited to the following :
j.A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous
materials to be used or stored on the premises in quantities greater than those associated with
normal household use, accompanied by a description of measures to protect from vandalism ,
corrosion and leakage and to provide for control of spills .
2LA description of potentially toxic or hazardous materials to be generated , indicating storage
and disposal method .
Evidence of approval by the Massachusetts Department of Environmental Protection of any
industrial waste treatment or disposal system or any wastewater treatment system over 15 , 000
gallons per day capacity, accompanied by analysis by a professional engineer in sanitary or civil
engineering registered in the Commonwealth of Massachusetts certifying compliance with
§ 179 60D 179-57D .
179- 61E .
Action . For uses not requiring a special permit under § 179 -8; 179-56D , the WQRC shall act
within 21 days of application , approving it by issuing a certificate of compliance if a majority
determine that the applicant has adequately demonstrated compliance with the requirements
of the Water Res9 ! Fee DiSt ' + Water Quality Protection District and rejecting the application
otherwise . For uses requiring a special permit under § 179 58B 179-56D , the WQRC shall make
recommendations to the SPGA within 35 days of receipt of the application , as provided in MGL
C . 40A, § 11 .
Or to take any other action relative thereto .
( Planning Board ) (Two -thirds Vote Required )
RECYCLING COMMISSION REPORT
ARTICLE NO , 7 : To hear and accept a report from the Recycling Commission , or to take any
other action relative thereto .
( Recycling Commission ) ( Majority Vote Required )
TOWN CODE AMENDMENT/Audit Committee
ARTICLE NO . 8e To see if the Town will vote to amend the Town of Brewster General Bylaws by
inserting a new bylaw, entitled , "Audit Committee" , as set forth below, for the purpose of
establishing an audit committee responsible for general oversight of independent auditing of
the Town ' s finances ; and further 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 :
Chapter 12 : Committees
Article X Audit Committee
XX-X Membership - There shall be an Audit Committee consisting of five (5 ) members, two ( 2 )
to be appointed by the Select Board , two ( 2 ) to be appointed by the Finance Committee, and
one ( 1 ) to be appointed by the Moderator. No member of the Audit Committee shall be a
compensated Town employee, other than a person holding a position designated by the Select
Board as a "special municipal employee" for purposes of the Conflict of Interest Law.
Notwithstanding the provisions of Section 12- 1 of the General Bylaws, a Finance Committee
member may serve as a member of the Audit Committee . The appointing authorities shall seek
to appoint persons to the Audit Committee with professional experience in accounting, finance,
law, or business management . The Town Administrator and the Finance Director shall serve as
ex- officio, non -voting members of the Committee, and shall not count toward the quorum .
Page 7 of 9
XX-X Duties — The Audit Committee shall solicit, interview, and recommend to the Chief
Procurement Officer a firm or firms of independent auditor ( s ) that the Audit Committee has
determined are best qualified to provide audit services and report on the financial statements
issued by the Town . The Audit Committee shall review the audit plan with the independent
auditor (s ) and , upon completion of the audit, meet with the independent auditor ( s ) to review
the results of the audit, including the annual financial reports, management letters and similar
communications, the Town ' s response, and recommendation for any corrective actions . The
Audit Committee shall , following receipt, transmit a copy of the completed audit, including
management letters and related communications, to the Finance Committee and the Board of
Selectman by the end of the calendar year within the Fiscal Year covered by the audit .
Notwithstanding the duties listed in this section , the recommendations of the Audit Committee
will not replace, constrain , nor infringe upon the duties of the Chief Procurement Officer as
prescribed under the provisions of the Town of Brewster General Bylaw .
Or to take any other action relative thereto .
(Select Board ) ( Majority Vote Required )
CITIZENS PETITION / Bottled Water and Beverage Ban
ARTICLE NO . 9 : 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 135 , Article II , § 135-
3 :
The purchase by the Town of Brewster of either water or any other beverage in single- use
plastic bottles of any size is strictly prohibited and the sale of water or any beverage in single-
use plastic containers is prohibited on town property .
Any Town Department when engaged in public health and safety operations shall be exempt
from this by- law .
Effective date : As soon as practicable but no later than September 1, 2020 .
In the event of a declaration ( By Emergency Management Director, or other duly- authorized
Town , Commonwealth , or United States official ) of an emergency affecting the availability
and/or quality of water for Brewster, residents the Town shall be exempt from this by- law until
seven ( 7 ) calendar days after such declaration has ended .
( Citizens Petition ) ( Majority Vote Required )
CITIZENS PETITION / Elementary School Consolidation and Creation of Community Center
ARTICLE NO . 10 : To see if the Town will vote to consolidate the two under- utilized elementary
schools into one existing building, then provide a community center in the surplus building to
serve all residents including the Council on Aging ( COA ), and our youth , or to take any other
action relative thereto .
( Citizens Petition ) ( Majority Vote Required )
CHARTER COMMITTEE REPORT
ARTICLE NO . 11 : To hear and accept a report from the Charter Committee, or to take any other
action relative thereto .
( Charter Committee ) ( Majority Vote Required )
Page 8 of 9
OTHER BUSINESS
ARTICLE NO . 12 : To act upon any other business that may legally come before this meeting; or
to take any other action related thereto .
(Select Board ) ( Majority Vote Required )
And you are hereby directed to serve this Warrant with your doings thereon to the Town Clerk
at the time and place of said meeting as aforesaid .
Given under our hand and Seal of the Town of Brewster affixed this 21St day of October 2019 .
A11A I Ad 1 ) 9 24dI
David Whitney, Chair Mary W . affee, Vi , e hair
F
John i. Dickson , Clerk Benjamin W . deRuyter
CA A 0
C
Cyn hia A . gham
I , Roland W . Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I
served the Warrant for the Special Town Meeting of November 18, 2019 by posting attested
copies thereof, in the following locations in the Town on the 23rd, day of October, 2019 .
Brewster Town Offices Cafe Alfresco
Brewster Ladies Library Brewster Pizza House
The Brewster General Store Millstone Liquors
U . S . Post Office
IV I
�r
Roland W . Bassett, Jr . C n able
A TRUE COPY ATTEST%
1LLCLW
40& CLERK
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