HomeMy Public PortalAbout2005-11-14-Special Town Mtg Report
Report of the
SPECIAL TOWN MEETING
November 14, 2005
In accordance with the Warrant, the Special Town Meeting was held in the Stony Brook
th
Elementary School, Monday, November 14, 2005.
The meeting was called to order at 7:00p.m. by the Moderator, Stephen L. Doyle. The
Tellers were, June Gallant, Ken Berbrick, Ruth Hanlon, Phillip Kerrivan, Sheila Gerhardt,
and Jean Gage. The Checkers were, Mary Ducharme, John Unger, Ann Golini, Nancy
Berbrick, Elizabeth Hardy, John Nixon, Jane Nixon, Gennaro Tursi and Janet Norton.
A quorum was present.
The Town Clerk, Mildred A. Unger, read the Special Town Meeting Warrant and the
return of the Warrant. There being no objection, the Moderator dispensed with the
reading of all the articles.
The Moderator recognized Selectman James Foley, Chairman.
MOTION: I move that the town vote to indefinitely postpone consideration of articles
no. 7, 9, 17 &19.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 1 as printed in the
warrant and to transfer the sum of $220.00 from Free Cash and $149.00 from the
Ambulance Receipts Reserved for Appropriation account for these purposes.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 2 as printed in the
warrant and to transfer the sums of $38,831.00 from Free Cash, $16,500.00 from the
Water Revenue account and $15,000.00 from the Golf Receipts Reserved for
Appropriation account for these purposes.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 3 as printed in the
warrant and transfer the sum of $162,100.00 from Free Cash, $30,700.00 from the
Water Revenue account and $7,200.00 from the Ambulance Receipts Reserved for
Appropriation account for this purpose.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 4 as printed in the
warrant and to transfer the sum of $15,000.00 from Free Cash for this purpose.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 5 as printed in the
warrant and to transfer the sum of $4,500.00 from Free Cash for this purpose.
ACTION: Defeated 129 – Yes / 138 - No
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)
MOTION: I move that the town vote to approve article no. 6 as printed in the
warrant, however that:
?Section no. 1 Department of Public Works – item g “Security System
Equipment” in the amount of $5,000.00 be amended to $800.00,
And to appropriate the total amended sum of $1,160,600.00 for these purposes, and
in order to appropriate this sum that the town transfer the sums of $346,350.00 from
Free Cash, $9,000.00 from Municipal Waterways account, $7,500.00 from the
Wetlands Filing Fee account, $96,500.00 from the Golf Receipts Reserved for
Appropriation account, $312,500.00 from the Water Revenue account and
$388,750.00 from the Ambulance Receipts Reserved for Appropriation account.
ACTION: Adopted
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)
MOTION: Indefinitely postponed by a previous motion.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 8 as printed in the
warrant and to transfer the sum of $225,000.00 from Free Cash for this purpose.
ACTION: Adopted Unanimously
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)
MOTION: Indefinitely postponed by a previous motion.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 10 as printed in the
warrant and to transfer the sum of $20,000.00 from Free Cash for this purpose.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 11 as printed in the
warrant and to transfer the sum of $199,018.00 from available funds for this
purpose.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 12 as printed in the
warrant.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 13 as printed in the
warrant.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 14 as printed in the
warrant.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 15 as printed in the
warrant.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 16 as printed in the
warrant and to transfer the sum of $10,000.00 from Free Cash for this purpose.
ACTION: Defeated 151 – Yes / 169 - No
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)
MOTION: Indefinitely postponed by a previous motion.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 18 as printed in the
warrant.
ACTION: Adopted Unanimously
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)
MOTION: Indefinitely postponed by a previous motion.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 20 as printed in the
warrant, however;
1.that the words “transfer ownership of” in the second line be
deleted and replaced with the word “investigate”,
2.that the words “required to clear and perfect tittles, so that” in the
thth
18 and 19 line be deleted and replaced with the words “to
investigate whether the”, and
3.that items no. 1 (Map 24, Lot 25-41), no. 2 (Map 27, Lot 68), no. 3
(Map 27, Lot 69) and no. 5 (Map 33, Lot 74) be deleted,
and to transfer the sum of $10,000.00 from Free Cash for this purpose.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 21 as printed in the
warrant and to transfer the sum of $100,000.00 from Free Cash for this purpose.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 22 as printed in the
warrant and to transfer the sum of $250,000.00 from Free Cash for this purpose.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to dissolve the 2005 Fall Special Town Meeting.
ACTION: Adopted Unanimously
A TRUE COPY ATTEST:
MILDRED A. UNGER
TOWN CLERK