HomeMy Public PortalAbout2019-11-18 Special Town Meeting ReportNovember 18th, 2019 Special Town Meeting Report
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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.
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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
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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
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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
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$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
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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);
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(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.
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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
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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
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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