HomeMy Public PortalAbout2005-11-14-Special Town Mtg Warrant
T0WN OF BREWSTER
SPECIAL TOWN MEETING
NOVEMBER 14, 2005
Barnstable, ss
To: Roland W. Bassett
Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are
hereby directed to notify and warn the inhabitants of the Town of Brewster,
qualified to vote in Town affairs, to meet at the Stony Brook Elementary School
Cafetorium on Monday, November 14, 2005 next, at 7:00 p.m. o’clock in the
evening, then and there to act upon the following articles:
UNPAID BILLS
ARTICLE NO. 1: To see if the Town will vote to transfer from available
funds the sum of THREE HUNDRED SIXTY-NINE AND 00/100 ($369.00)
DOLLARS to pay the following bills incurred but unpaid during a previous fiscal
year:
a. Staples $53.00
b. Cape Cod Hospital $96.00
c. Falmouth Hospital $180.00
d. Robert Mant $40.00
_______
Grand-total $369.00
or to take any other action relative thereto.
(Nine-Tenths Vote Required) (Board of Selectmen)
BUDGETARY TRANSFERS
ARTICLE NO. 2: To see if the Town will vote to transfer from available
funds and/or appropriate from surplus funds in some departments an amount of
money to be used in conjunction with funds appropriated under current fiscal
year budgets during the current fiscal year to pay shortfalls that would otherwise
exist in the Fiscal Year 2006 budget of other departments, as follows:
a.Transfer the sum of $8,600.00 from Water Revenues to line item No. 39
(Water Department Staff Wages) of Article No. 5 of the 2005 Annual Town
Meeting.
b.Transfer the sum of $7,900.00 from Water Revenues to line item No. 20
(Fringe Benefits) of Article No. 5 of the 2005 Annual Town Meeting.
c.Transfer the sum of $3,885.00 from Free Cash to (Elementary Schools
Operating Budget) of Article No. 4 of the 2005 Annual Town Meeting.
d.Transfer the sum of $2,152.00 from Free Cash to line item No. 38
(Ladies Library) of Article No. 5 of the 2005 Annual Town Meeting.
e.Transfer the sum of $5,000.00 from Free Cash to line item No. 35
(Council on Aging Salaries) of Article No. 5 of the 2005 Annual Town
Meeting.
f.Transfer the sum of $4,750.00 from Free Cash to line item No. 2 (Board
of Selectmen’s Wages) of Article No. 5 of the 2005 Annual Town Meeting.
g.Transfer the sum of $3,644.00 from Free Cash to line item No. 4
(Administrator Wages) of Article No. 5 of the 2005 Annual Town Meeting.
h.Transfer the sum of $1,400.00 from Free Cash to line item No. 27
(Building Department & HDC Wages) of Article No. 5 of the 2005 Annual
Town Meeting.
i.Transfer the sum of $18,000.00 Free Cash to line item No. 25 (Police
Department Expenses) of Article No. 5 of the 2005 Annual Town Meeting.
j.Transfer the sum of $15,000.00 from Golf Receipts Reserved for
Appropriation account to line item No. 41 (Golf Department Expenses) of
Article No. 5 of the 2005 Annual Town Meeting.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
TOWN UTILITIES & FUEL EXPENSES
ARTICLE NO. 3: To see if the Town will vote to transfer from available funds
the sum of TWO HUNDRED THOUSAND AND 00/100 ($200,000.00)
DOLLARS to finance additional expenses for various town departments for a
variety of building utility and/or fuel costs and to authorize the Town
Administrator to expend said funds for these purposes, or to take any other
action relative thereto.
(Majority Vote Required) (Board of Selectmen)
RABIES CONTROL FUNDING
ARTICLE NO. 4: To see if the Town will vote to transfer from available
funds the sum of FIFTEEN THOUSAND AND 00/100 ($15,000.00)
DOLLARS for the purpose of providing additional funding for the annual budget
of the rabies/wildlife animal control program, or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
BAYSIDE SKIPPERS FUNDING
ARTICLE NO. 5: To see if the Town will vote to transfer from available
funds the sum of FOUR THOUSAND FIVE HUNDRED AND 00/100
($4,500.00) DOLLARS for the purpose of funding part of the annual budget of
the Brewster Bayside Skippers Competition Team for the coach’s stipend, or to
take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
CAPITAL EXPENDITURES
ARTICLE NO. 6: To see if the Town will vote to transfer from available
funds a sum of money for the purpose of funding the following capital
acquisitions and expenditures to be undertaken during Fiscal Year 2006 and to
authorize the Town Administrator to sell, trade, lease, exchange or otherwise
dispose of, in the best interests of the Town, old equipment or vehicles deemed
available, the proceeds from any such disposition to be applied toward the cost
of acquiring new equipment or services as the case may be:
TRANSFER
FROM
AVAILABLE
ITEM DEPARTMENT FUNDS
1Department of Public Works:
a. Drainage/Road Maintenance Program $75,000.00
b. Solid Waste Control Building & Equipment $40,000.00
c. Dump Truck Replacement $66,500.00
d. Foreman’s Pick-up Truck Replacement $30,000.00
e. Road Tractor Replacement $110,000.00
f. Sign Machine Replacement & Sign Materials $12,700.00
g. Security System Equipment $5,000.00
h. Communication System Replacement $4,800.00
2Fire Department:
a.Ambulance Vehicle Replacement $140,000.00
b.Ladder Truck Replacement $100,000.00
c.Dispatch Services Account $23,000.00
3.Board of Selectmen:
a. Town Hall Map Files $3,300.00
b. Technology Project $16,000.00
c. COA/Old Town Hall Building Floors $3,000.00
4.Water Department:
a. Construction Account $160,000.00
b. Pick-up Truck $22,000.00
c. Vulnerability Assessment/Security System Upgrade $50,000.00
d. Administrative Vehicle Replacement $16,000.00
e. Backhoe Replacement $80,000.00
5.Elementary School Department:
a. Technology Project $20,000.00
b. Eddy School Painting $25,000.00
c. Eddy School Air Handlers $10,000.00
d. Stony Brook School Painting $20,000.00
e. Stony Brook Engineering/Architectural Services $20,000.00
f. Stony Brook Lobby Floor $15,000.00
6.Natural Resources:
a. Boat Engine $9,000.00
b. Land Management for Conservation Properties $7,500.00
7.Golf Department:
a.Cold Storage Building Addition Project $50,000.00
b.Triplex Rough Mower Replacement $31,000.00
___________
Grand Total $1,164,800.00
and to authorize the Town Administrator to solicit bids and/or proposals, enter
into a contract or contracts, accept grant proceeds and expend said funds for
these purposes, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
RECORDS RETENTION PROJECT
ARTICLE NO. 7: To see if the Town will vote to fund costs associated
with the continuation of the retention of various town records and to transfer
from available funds the sum of FORTY THOUSAND AND 00/100
($40,000.00) DOLLARS and to authorize the Town Administrator to solicit bids
or proposals, enter into a contract or contracts and expend said funds for this
purpose, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
COUNCIL ON AGING ELEVATOR PROJECT
ARTICLE NO. 8: To see if the Town will vote to transfer from available
funds a sum of money to pay costs associated with the engineering, design,
construction, renovation, appurtenances and all other costs incidental and
related thereto for the installation of an elevator in the Council on Aging/Old
Town Hall building, and to authorize the Town Administrator to solicit bids, enter
into contracts, and expend these funds for this purpose, or to take any other
action relative thereto.
(Majority Vote Required) (Board of Selectmen)
FIRE STATION RENOVATION PROJECT
ARTICLE NO. 9: To see if the Town will vote to transfer from available
funds a sum of money to pay costs associated with the engineering, design,
construction, renovation, appurtenances and all other costs incidental and
related thereto for the continued repair and rehabilitation of the Fire Station
building, and to authorize the Town Administrator to solicit bids, enter into
contracts, and expend these funds for this purpose, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
FUNDING FOR THE COMMUNITY PRESERVATION ACT COMMITTEE
ARTICLE NO. 10: To see if the Town will vote to transfer from available
funds the sum of TWENTY THOUSAND AND 00/100 ($20,000.00)
DOLLARS for the purpose of investigating and making recommendations
relative to the Community Preservation Act and for obtaining various clerical,
professional, legal, appraisal, technical and engineering services, and to
authorize the Town Administrator to solicit bids, enter into contracts, and expend
these funds for this purpose, or to take any other actions relative thereto.
(Majority Vote Required) (Community Preservation Act Committee)
REPAIR AND RESURFACE TOWN ROADS / CHAPTER 90 FUNDS
ARTICLE NO. 11: To see if the Town will vote to transfer from available
funds the sum of ONE HUNDRED AND NINETY-NINE THOUSAND AND
EIGHTEEN AND 00/100 ($199,018.00) DOLLARS as provided under
Chapter 90 of the Massachusetts General Laws for local roads and highways, and
to authorize the expenditure of these funds under the direction of the Board of
Selectmen, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
ROAD DRAINAGE EASEMENT
ARTICLE NO. 12: To see if the Town will vote to authorize the Board of
Selectmen to acquire a drainage easement by gift and/or purchase from Paul A.
and Mark Ferretti, on land identified within Parcel No. 65-1 of Map No. 26 of the
Board of Assessors’ Maps, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS
ARTICLE NO. 13: To see if the Town will vote to accept the provisions of the
Massachusetts General Laws, Chapter 71, Section 16B and to reallocate the sum
of the member towns’ contributions to the Nauset Regional School District for
Fiscal Year 2007 in accordance with the Regional Agreement rather than the
Education Reform Formula, so-called, or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
TOWN MEETING SCHEDULE BYLAW
ARTICLE NO. 14: To see if the Town will vote to amend the Code of the Town
of Brewster, Massachusetts, Chapter 48, Article I, Section 48-1, which currently
reads as follows:
§ 48-1. Designation of time. The town will hold two regularly scheduled
Town Meetings. The Spring Annual Town Meeting for the transaction of all
business for the town, other than matters to be determined by ballot,
shall be held on the first Monday in May at 7:00 p.m. The Annual Election
for the election of officers and such matters as are by law determined by
ballot shall be held on the third Tuesday in May. The Fall Yearly Town
Meeting will be held the third Monday in November to address the
transactions of all business for the town.
By adding the following as its final sentence:
Whenever this schedule places it in the same week as Thanksgiving Day,
the Fall Yearly Town Meeting shall be held instead on the second Monday
in November.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
TOWN MEETING VOTING BYLAW
ARTICLE NO. 15: To see if the Town will vote to amend the Code of the Town
of Brewster, Massachusetts by adding the following general by-law as Chapter
48, Article IX, Section 48-12:
When a Town Meeting motion requires a four-fifths’ vote or a nine-tenths’
vote to pass, a count shall be taken unless the vote is unanimous;
however, when a town meeting motion requires a two-thirds’ vote to
pass, a count shall be taken unless (a) the vote is unanimous or (b) the
Town Moderator or presiding official declares the vote has passed and the
declaration is not immediately questioned by seven or more voters.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
FIRE DEPARTMENT CONSULTING SERVICES FUNDING
ARTICLE NO. 16: To see if the Town will vote to transfer from available
funds a sum of money and to authorize the Board of Selectmen to enter into a
contract or contracts for professional services to assist in undertaking a
comprehensive evaluation of the Fire and Rescue Department, or to take any
other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
AMENDMENT TO TOWN BYLAW / WETLANDS PROTECTION BY-LAW
ARTICLE NO. 17: To see if the Town will vote to amend the Code of the
Town of Brewster, Massachusetts, Chapter 172, Article XII, Section 172-1 by
substituting “and archeological sites” for “aesthetics and historic values” so the
amended paragraph will read hereinafter as follows:
§ 172-1. Purpose. [Amended 10-19-1987 STM, Art. 29]
The purpose of this chapter is to protect the wetlands, related water resources
and adjoining land areas in the town by prior review and control of activities
deemed by the Conservation Commission to have or be likely to have an effect or
cumulative effect upon wetland values, including but not limited to the following:
public water supply, private water supply, groundwater and groundwater quality,
water quality in the numerous ponds of the town, flood control, erosion and
sedimentation control, storm damage prevention, prevention of water pollution,
fisheries, shellfish, wildlife and wildlife habitat, and archaeological sites
(collectively, the "interests protected by this chapter"). This chapter is further
intended to provide a means for review and correction of activities performed by
any person in violation of any provision contained herein.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
PRIVATE ROAD BETTERMENT BORROWING
ARTICLE NO. 18: To see if the Town will vote to authorize the Board of
Selectmen to petition the General Court of the Commonwealth of Massachusetts
to enact the following Special Legislation provided, that the General Court may
reasonably vary the form and substance of the requested legislation within the
scope of the general public objectives of this petition but only with the prior
approval of the Board of Selectmen:
Private Road Betterment Borrowing
Notwithstanding the provisions of any general or
special law to the contrary, the Town of Brewster is
hereby authorized to incur debt, within the limit of
indebtedness prescribed in Massachusetts General
Laws, Chapter 44, Section 10, for up to fifteen years,
in anticipation of reimbursement by private property
owners via betterments assessed pursuant to
Massachusetts General Laws, Chapter 80, Section 1,
et seq., for repairs, including but not limited to the
grading, widening, resurfacing, and general
maintenance to private ways, and to undertake said
repairs, all as authorized by Town Meeting vote
pursuant to the Private Road Betterments Bylaw,
Brewster Town Code, Section 157-20, or to take any
other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
AMENDMENT TO ZONING BYLAWS / CORRIDOR OVERLAY
ARTICLE NO. 19: To see if the Town will vote to amend the Code of the Town
of Brewster, Chapter 179, also know as the Zoning Bylaws, Article XII, Corridor
Overlay Protection District, Section 179-67, Paragraph A, Transportation
Standards, by deleting Subparagraph A(1) in its entirety and replacing it with
new language so that Subparagraph A(1) which currently reads:
"A. Transportation standards.
(1)Proposed uses shall not degrade the existing levels of service of
surrounding roads and intersections, including Route 6A, below
Level of Service (LOS) C, based on summer peak-hour traffic
volumes. This level of service for Brewster's roadways and
intersections surrounding Route 6A and for Route 6A has been
defined in the Route 6A Corridor Study, prepared by TAMS
Consultants, Inc., June 1992. This study is available in the town
offices (Planning Board and Board of Selectmen). When the existing
LOS is below LOS C, the proponent shall maintain or improve
performance indicators."
So that it will now read, as follows:
"A. Transportation standards.
(1)Proposed uses shall not degrade the existing levels of service of
surrounding roads and intersections, including Route 6A, below
Level of Service (LOS) C, based on summer peak-hour traffic
volumes. The proponent shall demonstrate that the proposed use
meets this standard. The Planning Board may require a traffic study
measuring the capacity and level of service for Brewster's roadways
and intersections surrounding Route 6A and for Route 6A, as
follows: A Base Year capacity and level of service analysis shall be
computed for the roadway network including site driveways, site
access links and intersections (if appropriate). LOS analysis shall
include heavy vehicle percentages as measured and where
appropriate. Performance indicators such as delay, travel time,
volume/capacity ratio, queue length, and traffic density, shall be
documented. A weave, merge, diverge and ramp road segment
analysis shall be included where applicable. Also, departure lane
merge capacity shall be addressed as required and saturation flow
rates adjusted accordingly. These analyses shall be performed
using the Highway Capacity Manual published by the Transportation
Research Board. If computer software is used for intersection
analysis, the permitting authority reserves the right to approve the
type and version of computer software used for the analysis. When
the existing LOS is below LOS C, the proponent shall maintain or
improve performance indicators."
(Two-Thirds vote required) (Planning Board)
LAND FOR AFFORDABLE HOUSING
ARTICLE NO. 20: To see if the Town will vote to authorize the Board of
Selectmen to transfer ownership of the Town’s interests in the following parcels
of land:
Old ID New ID Size
1.Map 24, lot 25-41 Map 56, lot 62 15.22 ac
2.Map 27, lot 68 Map 89, lot 55 .62 ac
3.Map 27, lot 69 Map 89, lot 56 .55 ac
4.Map 33, lot 19 Map 98, lot 12 14.46 ac
5.Map 33, lot 74 Map 97, lot 29 4.46 ac
6.Map 33, lot 75 Map 97, lot 30 5.11 ac
7.Map 35, lot 127 Map 54, lot 23 .56 ac
8.Map 38, lot 69 Map 10, lot 71 .31 ac
9.Map 38, lot 68-3 Map 10, lot 56 .40 ac
10.Map 40, lot 63-17 Map 52, lot 109 1.00 ac
11.Map 53, lot 6-3 Map 143, lot 4 .83 ac
for the purpose of constructing affordable housing, or for sale with proceeds
reverting to the town’s Affordable Housing Fund, and to transfer from available
funds the sum of FIFTEEN THOUSAND AND 00/100 ($15,000.00)
DOLLARS for legal and professional services required to clear and perfect titles,
so that land may be conveyed, if necessary, with appropriate deeds and
covenants that will ensure that future housing constructed on said land will
remain affordable to people earning 80% of median income or less, or to take
any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
PENSION FUND
ARTICLE NO. 21: To see if the Town will vote to transfer from available
funds a sum of money to add to the Pension Fund, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
STABILIZATION FUND
ARTICLE NO. 22: To see if the Town will vote to transfer from available
funds a sum of money to add to the Stabilization Fund, or to take any other
action relative thereto.
(Two-Thirds Vote Required) (Board of Selectmen)
ANY OTHER BUSINESS
ARTICLE NO. 23: To act on any other business that may legally come
before this meeting.
(Majority Vote Required) (Board of Selectmen)
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 5th
day of October, 2005.
James W. Foley, Chairman
Dyanne F. Cooney, Vice-Chairman
Edward S. Lewis, Clerk
Peter G. Norton
James R. Ehrhart
I, Roland W. Bassett, duly qualified Constable for the Town of Brewster,
hereby certify that I served the Warrant for the Special Town Meeting of
November 14, 2005 by posting attested copies thereof, in the following locations
in the Town on the day of October, 2005:
Brewster Town Offices
Brewster Farms
Brewster Ladies Library
Brewster Pizza House
The Brewster Store
Millstone Liquors
U. S. Post Office.
Roland W. Bassett, Constable