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HomeMy Public PortalAbout2019-11-18 Special Town Meeting ReportNovember 18th, 2019 Special Town Meeting Report Page 1 of 10 Report of the Special Town Meeting held November 18th, 2019 In accordance with the Warrant, the Special Town Meeting was held in the Stony Brook Elementary School Cafetorium on Monday, November 18th, 2019. The counters and tellers were Pamela Smith, Cynthia Mathison, Lauren Elliott- Grunes, Noah Smith, June Cameron, Sally Andreola, Jayanne Sci, Assistant Town Clerk and Thaddeus Nabywaniec, Francis L. Smith, Board of Registrars. A quorum was present with 471 of 8,002 voters. 6% of eligible voters. The Special Town Meeting was called to order at 6:00 pm by the Moderator, Charles L. Sumner. The meeting began with the Pledge of Allegiance. Charles L. Sumner, Moderator recognized the CERT Team members who were present to help with keeping the doorway paths clear. The Moderator informed the meeting attendees that he has filed a disclosure statement with the Clerk’s office concerning his being a member of many committees. There was a moment of silence held for Ellen St. Sure, Town Archivist who passed away in July of 2019. Town Hall staff on stage were introduced along with the Select Board, Finance Committee and Jonathan Silverstein, Town Council. The Moderator verified service of the Warrant with the Town Constable, Roland Bassett, Jr. on October 23, 2019, being no objections the Moderator dispensed with the reading of the Articles. 8:11pm 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 $6,000.00 Total $12,133.21 Or to take any other action relative thereto. (Select Board) (Majority Vote Required) Select Board Vice-Chair Mary Chaffee: I move to approve Article No. 1. as printed in the warrant and as funding therefor, to transfer the sum of $3,133.21 from Water Fund Balance to Water Department wages, the sum of $3,000 from Free Cash to Building Department wages and the sum of $6,000 from Free Cash to Recreation Department wages. Action on Article No. 1: Voice vote; Adopted. November 18th, 2019 Special Town Meeting Report Page 2 of 10 6:20pm 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) Select Board Chair David Whitney: I move to approve Article No. 2 as printed in the warrant. Action on Article No. 2: Voice vote; Unanimously Adopted. 6:23pm 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) / Appropriation or Transfer Amount 1 Select Board a. Community Center Feasibility Study Professional services associated with conducting a feasibility study regarding programmatic needs, and potential sites and related development costs for a community center General Fund Free Cash $150,000 b. Local Comprehensive Plan Professional services associated with completing a Local Comprehensive Plan General Fund Free Cash $70,000 c. Charter Committee Community Outreach Community outreach related to charter development Transfer from Article 2 from September 2, 2015 Special Town Meeting, Visioning Study $5,157 d. Compensation and Classification Study Professional services associated with 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 General Fund Free Cash $45,000 Sub Total $270,157 November 18th, 2019 Special Town Meeting Report Page 3 of 10 Department Item Funding Source(s) / Appropriation or Transfer Amount 2 Department of Public Works a. Road Maintenance/Drainage Professional services, including engineering, permitting and construction costs associated with road maintenance and drainage on various streets throughout Town General Fund Free Cash $250,000 b. Utility Truck Purchasing and equipping one (1) utility truck to include, but not limited to full plow package, emergency lighting, and lift gate General Fund Free Cash $80,000 c. Dump Truck Purchasing and equipping one (1) Dump Truck, including but not limited to emergency lights, plow package, material spreader, and radios General Fund Free Cash $235,000 d. MS4 Stormwater Compliance Professional services for MS4 stormwater permitting compliance General Fund Free Cash $25,000 Sub Total $590,000 3 Fire Department a. Fire Engine Compartment Refurbishment Refurbishing storage compartments in two (2) engines General Fund Free Cash $23,000 Sub Total $23,000 4 Natural Resources a. Trailer for 24’ powerboat Purchasing, equipping and outfitting trailer Waterways Fund $8,000 b. Outboard engine for 17’ powerboat Purchasing and installing outboard engine Waterways Fund $12,500 Sub Total $20,500 November 18th, 2019 Special Town Meeting Report Page 4 of 10 Department Item Funding Source(s) / Appropriation or Transfer Amount 5 Information Technology a. Technology upgrades and replacements Ongoing 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 throughout the Town General Fund Free Cash $25,000 Sub Total $25,000 6 Recreation a. Utility Vehicle Purchase and equipping of one (1) utility vehicle Recreation Revolving Fund $12,000 Sub Total $12,000 7 Water Department a. Generator Design Professional services, including engineering, design, and bid for the installation of seven (7) generators at Water Department facilities Water Fund Balance $180,000 b. Great Fields Road Water Main Installation of new water main infrastructure to provide domestic water and fire protection to properties on Great Fields Road Water Fund Balance $125,000 Sub Total $305,000 Grand Total $1,245,657 Or to take any other action relative thereto. (Select Board) (Majority Vote Required) Select Board Member John Dickson: I move to approve Article No. 3 as printed in the warrant, including funding sources as listed, provided, however that item 1a, Community Center Feasibility Study, be amended to include professional services associated with conducting a feasibility study regarding consolidation of the two elementary schools; and that the amount to be appropriated from Free Cash be increased from $150,000 to $235,000, that the sub-total for section 1 be increased from $270,157 to November 18th, 2019 Special Town Meeting Report Page 5 of 10 $355,157 and that the total amount to be appropriated under this article be increased accordingly from $1,245,657 to $1,330,657. Action on Article No. 3: Voice vote; Adopted. 6:16pm PROPERTY VALUATION SERVICES ARTICLE NO. 4: 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 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) Board of Assessors Member Belinda Eyestone: I move to approve Article No. 4 as printed in the warrant. Action on Article No. 4: Voice vote; Adopted. 8:13pm 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 With Autism & Related Disabilities (FORWARD) Construction of affordable and supportive housing for 8 adults with Autism Community Housing Reserve $80,000 b. Brewster Affordable Housing Trust Preserve current Subsidized Housing Inventory (SHI) homes that are at risk of being lost as part of the town’s affordable housing stock $150,000 from the Community Housing Reserve & $352,500 from Fiscal Year 2020 CPA estimated annual revenues $502,500 Sub-total $585,500 2 Reserves for Community Preservation a. Town of Brewster- Dog Park Development Committee Creation of a community dog park Fiscal Year 2020 CPA estimated annual revenues $52,800 Sub-total $52,800 3 Open Space a. Community Preservation Loan Debt Service Payment of existing debt principal for the Besse Cartway/Long Pond property loan Open Space Reserve $400,000 November 18th, 2019 Special Town Meeting Report Page 6 of 10 b. Open Space Committee Update of Brewster’s 2013 Open Space and Recreation Plan $17,500 from Open Space Reserve & $15,000 from Fiscal Year 2020 CPA estimated annual revenues $32,500 Sub-total $432,500 Grand Total $1,067,800 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. 5 as printed in the warrant, including funding sources as listed, provided, however, that action under Item 2a, Reserves for Community Preservation – Town of Brewster Dog Park Development Committee, shall be indefinitely postponed; and that the total amount to be appropriated under this article be reduced accordingly from $1,067,800 to $1,015,000. Action on Article No. 5: Voice vote; Adopted. 8:16pm 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 strikethrough 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/l; (b) Nitrogen from lawn fertilizers: three two pounds per 1,000 square feet (25% leached); November 18th, 2019 Special Town Meeting Report Page 7 of 10 (c) Nitrogen in background precipitation: 0.05 mg/l; (d) Runoff from roads and ways: 1.50 mg/l; (e) Runoff from roofs: 0.75 mg/l. 179- 61C. Requirements. A certificate of water quality compliance shall be granted only as follows: (1) For new construction or additions or new activities not involving structures, only if in full compliance with all requirements of § 179-60, 179-57 Performance standards. (2) For change in occupancy or operation on previously developed premises, only if the requirements of § 179-60 179-57 B, C and D are met, and the requirements of all other subsections of § 179-58 179-57 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 § 179- 58B 179-56D, one set shall also be submitted to the SPGA along with any other application materials. All information necessary to demonstrate compliance must be submitted, including but not limited to the following: (1) 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. (2) A description of potentially toxic or hazardous materials to be generated, indicating storage and disposal method. (3) 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 § 179-58B 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 Resource District 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) Planning Board Member Ned Chatelain: I move to approve Article No. 6 as printed in the warrant. Action on Article No. 6: Voice vote; Unanimously Adopted. November 18th, 2019 Special Town Meeting Report Page 8 of 10 7:15pm 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) Select Board Member Benjamin deRuyter: I move to hear a report from the Recycling Commission. Action on Article No. 7: Voice vote; Adopted. 8:10pm TOWN CODE AMENDMENT/Audit Committee ARTICLE NO. 8: 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. 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) Select Board Member Cindy Bingham: I move to approve Article No. 8 as printed in the warrant; provide however that following the effective date of the Bylaw amendment proposed hereunder, appointments to the Audit November 18th, 2019 Special Town Meeting Report Page 9 of 10 Committee shall be for three year rotating terms, with initial appointments as follows: the Select Board and the Finance Committee shall each appoint one (1) person for terms to end on June 30, 2020 and one (1) person for terms to end on June 30, 2021; the Moderator shall appoint one (1) person for a term to end June 30, 2022. Action on Article No. 8: Voice vote; Adopted. 7:23pm 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) Citizen Vic Roberts: I move to amend the Code of the Town of Brewster, Massachusetts, by inserting Appendix F from the November 18, 2019 Town Meeting Warrant as Chapter 135, Article II, §135-3, provided, however, that the text to be inserted shall omit strike-through text. Amendment by Chris Powicki: I move to amend the article as moved to replace the word “permit” in the last sentence of section G with the word “agreement”, to strike section “H, waivers” in its entirety; and to reletter the remaining sections as appropriate. Action on Amendment: Counted vote; Yes – 163, No – 194, Failed. Citizen Betsy Smith: I move to call the question. Action on moving the question: Voice vote, adopted. Action on Article No. 9: Voice vote; Adopted. 6:40pm 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) November 18th, 2019 Special Town Meeting Report Page 10 of 10 Citizen Adam Lange: I move that the Town vote to support Article No. 10 as printed in the warrant. Citizen James King: I move to call the question. Action on moving the question: Voice vote, Adopted. Action on Article No. 10: Counted vote; Yes – 247, No – 208, Adopted. 8:19pm 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 Charter Committee Chair Karen Whitney: I move to hear a report from the Charter Committee. Action on Article No 11: Voice vote; Adopted. 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) Select Board Chair David Whitney: I move that the Town vote to dissolve the 2019 Special Town Meeting. Action on Article No. 12: Voice vote; Unanimously Adopted. The Special Town Meeting of November 18th, 2019 was dissolved at 8:28pm. A True Copy Attest: Colette M. Williams, CMC/CMMC Town Clerk Brewster, MA