The URL can be used to link to this page

Home My Public Portal About2021-05-15 Annual - Special Town Mtg Report Special and Annual Town Meeting Report May 15th, 2021 Report of the Special and Annual Town Meeting Saturday, May 15th, 2021 In accordance with the Warrant, the Annual 8v Special Town Meetings were held at the Stony Brook Elementary School , 384 Underpass Road on Saturday, May 15th , 2021 . ..._. ._. . ._.-. As in September, due to the Covid- 19 Pandemic this Town Meeting was again held outdoors , under a tent, on the White Caps Baseball Field . The Moderator thanked staff and volunteers who helped with set-up and dealing with all of the logistics of putting this plan into action . The Moderator asked that people wear their masks , remain seated and line up socially distanced at the microphones if they wish to speak, all votes will be by voter cards and not voice . The Moderator announced that per Brewster Bylaw 48 - 10 under his authority he could group like minded articles . He would be doing this with the Union and Contract Articles ; 14 , 15 , 16 , 17 , 18 , 19 , and 20 , when the first of these articles was pulled they would all be handled in order . The same with Articles 23 and 24 , they will be discussed consecutively . The counters and tellers were Sally Andreola, Cynthia Mathison , Lauren Elliott- Grunes , David Briggs , Glenda Normand , Jodi Holland , Jayanne Monger , Assistant Town Clerk and Thaddeus Nabywaniec , Francis L . Smith , Board of Registrars . A quorum was present with 509 of 8 , 512 voters . 6 % The Annual Town Meeting was called to order at 10 : 1lam by the Moderator , Charles L. Sumner, The Annual Town Meeting was adjourned at 10 : 17am for the start of the Special Town Meeting . The Special Town Meeting of May 15th , 2021 , was called to order at 10 : 17am by the Moderator, Charles L . Sumner . The Moderator verified service of the Warrant with the Town Constable , Roland Bassett, Jr . of April 21 , 2021 , being no objections the Moderator dispensed with the reading of the Articles . UNPAID BILLS ARTICLE NO . 1 : To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to an applicable statute or transfer from available funds for the payment, pursuant to G . L. c. 44, § 64, of unpaid bills from previous fiscal years, including any bills now on overdraft, or to take any other action relative thereto . ( Board of Selectmen ) ( Nine-tenths Vote Required ) Select Board Member Cynthia Bingham: Where there is no action to be taken on the Special Town Meeting warrant , I move to open the Special Town Meeting solely for the purpose of closing the same and dissolving without any further Town Meeting action. Page 1 of 39 Special and Annual Town Meeting Report May 15th, 2021 Action: Adopted by a Majority. Voter Cards . ► The Special Town Meeting of May 15th, 2021 was dissolved at 10: 18am . ► The Moderator reconvened the Annual Town Meeting at 10 : 18am . Consent Calendar Routine Articles for Approval 2021 Annual Town Meeting Select Board l Chair Mary Chaffee : I move to approve the following articles as printed in the warrant : • Article No . 4 - Assessment Formula for Nauset Regional Schools • Article ' No . 10 - Special Revenue Fund/ Cable Franchise Fee Account • Article No . 11 - Acceptance of Grants and Gifts • Article No . 12 - Repair and Resurface Town Roads / Chapter 90 Fund Action on Consent Calendar: Adopted by a Majority. Voter Cards . 10 : 21am CAPE COD REGIONAL TECHNICAL HIGH SCHOOL OPERATING BUDGET ARTICLE NO . 1 : To - see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray Cape Cod Regional Technical High School charges and expenses for the Fiscal Year ending June 30, 2022, as follows; DEPARTMENT EXPENDED =APPROPRIATED REQUESTED FY2020 21 FY2022 CAPE COD TECH 753 875 $ 562 , 646 825 363 ASSESSMENT DEBT ASSESSMENT 489 117 294 741 $ 40% 710 TOTAL ASSESSMENT L�S122421992 857 387 $ 1 , 235pO73 or to take any other action relative thereto . ( Cape Cod Regional Technical School Committee ) ( Majority Vote Required ) Cape Cod Reg'1 Techn'l High School Committee Member Richard Hoffmann: Imove to approve Article No . 1 as printed in the warrant and as funding therefor to raise and appropriate the sum of $ 1 , 235 , 073 . ACTION : Adopted Unanimously. Voter Cards . 10 : 24am ELEMENTARY SCHOOLS OPERATING BUDGET ARTICLE NO . 2a To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray the Elementary Schools' charges and expenses, for the Fiscal Year ending June 30, 2022, as follows; DEPARTMENT EXPENDED APPROPRIATED REQUESTED FY2020 FY2021 FY2022 ELEMENTARY SCHOOL $ 7P72211 7 971 540 $ 719 1 ? 488 BUDGET Page 2 of 39 Special and Annual Town Meeting Report May 15th, 2021 SCHOOL FRINGE BENEFITS $ 11960y258 2 068 441 $ 2 ? 1311313 TOTALASSESSMENT: , 981 L 9 682 422 $ 10 , 039 $ 10 , 082 , 801 or to take any other action relative thereto . ( Elementary School Committee ) ( Majority Vote Required ) Brewster School Committee Member Katie Miller Jacobus: I move to approve Article No . 2 as printed in the warrant and as funding therefor to raise & appropriate the sum of $ 10 , 082 , 801 . ACTION : Adopted Unanimously. Voter Cards . 10 : 26am NAUSET REGIONAL SCHOOLS OPERATING BUDGET ARTICLE NO . 3o To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray the Nauset Regional School District charges and expenses for the Fiscal Year, ending June 30, 2022, as follows; DEPARTMENT EXPENDED APPROPRIATED REQUESTED FY2020 FY2021 FY2022 NAUSET $ 10 , 8121935 $ 11 , 476 , 397 $ 11 , 743 , 855 ASSESSMENT NAUSET DEBT 122 175 122 645 175 644 ASSESSMENT TOTAL ASSESSMENT: $ 10, 935 , 110 $ 111599 , 042 � �$ 11 , 919 , 499 or to take any other action relative thereto . ( Nauset Regional School Committee ) ( Majority Vote Required ) Nauset Committee Member Richard Stewart: I move to approve Article No . 3 as printed in the warrant and as funding therefor to raise and appropriate the sum of $ 11 , 919 ,499 . ACTION: Adopted by a Majority. Voter Cards . 10 : 19am ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS ARTICLE NO . 49 To see if the Town will vote, pursuant to the provisions of the fourth paragraph of G . L. c. 71, § 1613, to reallocate the sum of the member towns' contributions to the Nauset Regional School District in Fiscal Year 2023 in accordance with the Regional Agreement rather than the Education Reform Formula, so-called , or to take any other action relative thereto . ( Nauset Regional School Committee ) ( Majority Vote Required ) Adopted by a Majority under the Consent Calendar. 10 : 40am TOWN OPERATING BUDGET ARTICLE NO . S : To see what sums the Town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute, for the purposes of supporting the offices, departments, boards and commissions of the Town of Brewster for Fiscal Year 2022, including authorization for lease purchases of up to five years, as follows; Page 3 of 39 Special and Annual Town Meeting Report May 15th , 2021 EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2020 FY 2021 FY 2022 GENERAL GOVERNMENT Finance Committee $ 4, 042 $ 130, 500 $ 105 , 500 Assessors $ 122, 380 $ 131, 490 $ 136, 549 Accounting $ 217, 973 $ 221, 999 $ 224,446 Treasurer/ $ 266, 233 $ 286,465 $ 303, 511 Collector Information $ 225 , 906 $ 267,427 $ 334, 056 Technology Legal $ 97, 964 $ 165 , 640 $ 165, 640 Moderator $ 300 $ 300 $ 300 Planning $ 168, 834 $ 174, 184 $ 181,488 Select Board / Town $ 437,465 $ 489, 999 $ 490, 320 Administration Human Resources New In FY22 New in FY22 $ 147, 774 Town Clerk $ 171, 494 $ 213 , 490 $ 192, 636 Public Buildings $ 160, 801 $ 164, 420 $ 157, 667 SUBTOTAL GENERAL $ 1, 873, 392 $ 2, 245, 914 $ 2,439,887 GOVERNMENT PUBLIC SAFETY ' Building Department $ 403 , 753 $ 407, 134 $ 420, 371 Fire Department $ 11964, 364 $ 2, 846, 338 $ 21948, 872 Natural Resources $ 390, 921 $ 429,439 $ 446, 240 EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2020 FY 2021 FY 2022 Police Department $ 2, 671, 005 $ 2, 861, 915 $ 2, 924, 587 Sealer of Weights & New in FY21 $ 9, 000 $ 9, 456 Measures SUBTOTAL PUBLIC $ 5, 430, 043 $ 6, 553, 826 $ 61749, 526 SAFETY PUBLIC WORKS Public Works $ 1, 6901182 $ 1, 933, 043 $ 2, 014, 227 Snow & Ice Removal $ 80, 793 $ 161, 817 $ 165 , 053 Street Lights $ 4, 017 $ 5, 515 $ 5, 515 SUBTOTAL PUBLIC $ 1, 774, 992 $ 2, 100, 375 $ 2, 184, 795 WORKS EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2020 FY 2021 FY 2022 HUMAN SERVICES Council on Aging $ 321, 184 $ 344, 809 $ 360,441 Board of Health $ 260, 796 $ 246, 076 $ 251, 994 Veteran ' s Services $ 118, 392 $ 140, 979 $ 130, 330 Public Assistance $ 124, 134 $ 141, 620 $ 144, 900 SUBTOTAL HUMAN $ 824, 506 $873,484 $887, 665 SERVICES Page 4 of 39 Special and Annual Town Meeting Report May 15th, 2021 CULTURE & RECREATION Brewster Ladies $ 615 , 568 $ 663 ,459 $ 689, 226 Library Recreation $ 184, 248 $ 197, 657 $ 205 , 316 Memorial & $ 0 $ 1, 500 $ 1, 500 Veterans Day SUBTOTAL CULTURE $ 799,816 $ 862, 616 $ 896,042 & RECREATION DEBT SERVICE Principal & Interest $ 2, 258, 832 $ 2, 122, 287 $ 2, 007, 298 SUBTOTAL DEBT $ 2, 258, 832 $ 2, 122, 287 $ 2, 0071298 SERVICE INSURANCE , UTILITIES & FRINGE BENEFITS General Insurance $ 4641105 $ 445 , 000 $ 467, 250 Utilities $ 405, 817 $ 425 , 171 $443, 671 Fringe Benefits $ 3 , 598, 983 $ 4, 380,485 $ 4, 726, 694 SUBTOTAL $4,468, 905 $ 5, 250, 656 $ 5, 637, 615 INSURANCE & FRINGE BENEFITS EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2020 FY 2021 FY 2022 OTHER OPERATING EXPENSE & ASSESSMENTS & TRANSFERS Assessments $ 27, 540 $ 28, 040 $ 28, 040 Alewives $ 2, 553 $ 4, 350 $4, 350 Local Service Funding $ 39, 588 $40, 000 $ 40, 000 Transfer to General $ 0 $ 200, 000 $ 0 Stabilization Fund Transfer to Capital New In FY22 New In FY22 $ 225, 000 Stabilization Fund Transfer to Housing $ 100, 000 $ 0 $ 250, 000 Trust Transfer to OPEB $ 200, 000 $ 222, 671 $ 267, 000 Trust SUBTOTAL OTHER $ 369, 681 $495,061 $ 814,390 OPERATING EXPENSE & ASSESSMENTS & TRANSFERS GRAND TOTAL OF $ 17, 800, 167 $ 20, 504, 219 $ 21, 617,218 GENERAL FUND OPERATING BUDGETS Or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Page 5 of 39 Special and Annual Town Meeting Report May 15th, 2021 Select Board Chair Mary Chaffee : I move to approve Article No . 5 as printed in the warrant and appropriate the total sum of $21 , 617 , 218 , in the amounts and for the purposes set forth in the column entitled, "Requested FY 2022 , and, as funding therefore , that the Town raise and appropriate the sum of $20 , 342 , 026 and transfer the following sums: • $ 795 , 5'.50 from Ambulances Receipts Reserved for Appropriation Account • $ 129 , 324 from Golf Reserve Fund • $ 150 , 002 from Water Enterprise Fund • $ 74, 185 from Road Betterment Receipts Reserved for Appropriation Account • $ 10 , 000 from Septic Betterment Receipts Reserved for Appropriation Account • $ 7, 200 from the Cable Franchise Fee Special Revenue Fund • $ 80 , 000 from the Telecommunications Fund • $ 12 , 601 from Bond Amortization from Article No . 30 of the May 4, 2015 Annual Town Meeting, Road Repair and Resurfacing Program • $ 16 , 330 from Bond Amortization from Article No . 5 of the May 5 , 2014 Special Town Meeting, Eddy Elementary School Renovation Project ACTION : Adopted by a Majority. Voter Cards . 10 : 43am GOLF DEPARTMENT RESERVE FUND ARTICLE NO . 6 : To see if the Town will vote to appropriate from the Golf Fund, in accordance with G . L. c. 40, § 5F, the sum of Three Million Six Hundred Sixty One Thousand Two Hundred Thirty Four Dollars ( $3, 661,234) for the purpose of offsetting costs for Fiscal Year 2022 associated with golf department related expenses including, but not limited to acquiring professional services and equipment, personnel and maintaining facilities and operations, including authorization for lease purchases of up to five years ; all expenditures to be made by the Golf Department, subject to the approval of the Town Administrator, or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Select Board Member David Whitney: I move to approve Article No . 6 as printed in the warrant. ACTION: Adopted by a Majority. Voter Cards . WATER DEPARTMENT ENTERPRISE FUND ARTICLE NO . 7o To see if the Town will vote, to appropriate from the Water Department Enterprise Fund , in accordance with G . L. c. 44, §53F1/2, the sum of Two Million Five Hundred Eighty Six Thousand Nine Hundred Sixty Seven Dollars ( $ 2, 586,967 ) for Fiscal Year 2022 costs associated with the operation of the Water Department including, but not limited to acquiring professional services and equipment, personnel and maintaining facilities and operations, including authorization for lease purchases of up to five years; all expenditures to be made by the Water Department, subject to the approval of the Town Administrator, or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Select Board Chair Mary Chaffee : I move to approve Article No . 7 as printed in the warrant with $ 2 ,450 , 000 to be raised from receipts of the Water Page 6 of 39 Special and Annual Town Meeting Report May 15th, 2021 Department, and $ 136 , 967 to be transferred from Water Retained Earnings , such sums to be expended as follows. • Salaries & Wages $ 1 , 006 , 357 • Operating Expenses $ 1 , 045 , 730 • Debt $ 534, 880 • Total: $ 2 , 586 , 967 ACTION: Adopted Unanimously. Voter Cards . 10 : 46am COMMUNITY PRESERVATION ACT FUNDING ARTICLE NO . 8 : To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2022 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year, with each item considered a separate appropriation to be spent by the Community Preservation Committee, all as set forth below : REPORT ON ESTIMATED ANNUAL REVENUES AND ANTICIPATED ALLOCATIONS Estimated revenues FY22 a . Estimated FY22 tax surcharge $ 1, 084, 450 b . Estimated FY22 state contribution ( 15 % ) 162y668 c. FY22 Estimated Revenue Total : $ 1, 247, 118 FY22 Appropriations and Allocations a . Historic Preservation Reserve appropriation ( 10% ) $ 124, 712 b . Community Housing Reserve appropriation ( 10 % ) $ 124, 712 c . Open Space Reserve appropriation ( 50% ) $ 623, 559 d . Administrative Expenses ( 5 % ) $ 62, 356 e . FY22 Budgeted Reserves ( 25 % ) $ 311y779 Total $ 1, 247, 118 Purpose Item Funding Source (s) Amount 1 Historic Preservation a . Brewster Natural Stony Brook Mill Fiscal Year 2022 CPA $ 125, 000 Resources retaining wall annual estimated Department/Mill Sites reconstruction and revenues Committee — Retaining restoration Wall project Sub-total $ 125,000 2 Community Housing a . Town of Brewster Town Payroll and operating Fiscal Year 2022 CPA $ 51, 096 Administration - costs for Part Time annual estimated Housing Coordinator Housing Coordinator revenues position to assist public with affordable housing program b . Cape and Islands Supportive housing for Fiscal Year 2022 CPA $ 52, 500 Veterans Outreach homeless veterans estimated annual Center - Veterans revenues Home in Dennis Page 7 of 39 Special and Annual Town Meeting Report May 15th , 2021 Purpose Item Funding Source (s) Amount c . Habitat for Humanity - Creation of 2 Fiscal Year 2022 CPA $ 105, 000 Red Top Road affordable homes on estimated annual Community Housing Red Top Road revenues d . Brewster Affordable Funding for Rental $ 42, 607 Fiscal Year $ 150, 000 Housing Trust Fund - Assistance Program 2022 CPA estimated Rental ' Assistance annual revenues; Program Transfer $ 107, 393 from Community Housing Reserves Sub-total $ 358, 596 3 Open Space a . Community Payment of debt Fiscal Year 2022 CPA $ 203 , 683 Preservation Bonded principal and interest annual estimated Debt Service for the BBJ Property, revenues and Bates Property bonds Sub-total $ 203, 683 4 Recreation a . Dog Park Development Creation of Brewster Fiscal Year 2022 CPA $ 185, 000 Committee — Dog Park Dog Park annual estimated revenues Sub-total $ 18509000 5 Set Asides and Administrative Expenses a . Open Space Reserves Minimum Statutory Fiscal Year 2022 CPA $ 419, 876 Allocation annual estimated revenues b . Administration Expense Administration and Fiscal Year 2022 CPA $ 62, 356 operating expenses for annual estimated Community revenues Preservation Committee Sub-total $482, 232 Grand Total $ 11354, 511 For Fiscal Year 2022 Community Preservation purposes, each item is considered a separate appropriation to be spent by the Community Preservation Committee; provided however, that the above expenditures may be conditional on the grant or acceptance of appropriate historic preservation restrictions for historic resources, open space restrictions for open space reserves, and housing restrictions for community housing, running in favor of an entity authorized by the Commonwealth 'to hold such restrictions for such expenditures, meeting the requirements of G . L. c . 184 and G . L. c. 44B, Section 12, and to authorize the Board of Selectmen to convey or accept such restrictions; Further, to sunset the administrative expense authorization at the close of the fiscal year and transfer any unused balance to the fund balance reserved for Community Preservation ; And further, any revenues received in excess of the estimated receipts are transferred to their respective reserve fund balance ( s ) for future appropriation using the allocation formula of 50% Open Space, 10% Housing, 10 % Historical and 30% for Community Preservation Reserve . Or to take any other action relative thereto . ( Community Preservation Committee ) ( Majority Vote Required ) Page 8 of 39 Special and Annual Town Meeting Report May 15th, 2021 Community Preservation Committee Member Sharon Marotti: I move to approve Article No . 8 , all for the purposes , from the funding sources , and in the amounts as printed in the warrant. Stephen Jones: I move to divide Article No . 8 , to discuss items # 1 , 2 , 3 , and 5 and deal independently with section #4 and take this article in sections . ACTION on motion presented by Stephen Jones : Defeated. Voter Cards Counted: Yes - 151 No - 298 ACTION : Adopted by a Majority. Counted: Yes - 412 No - 49 11 : 27am CAPITAL AND SPECIAL PROJECTS EXPENDITURES ARTICLE NO . 9 : To see what sums the Town will vote to raise and appropriate and/or transfer from available funds, or authorize the Town Treasurer to borrow under and pursuant to Massachusetts General Laws Chapter 44, Sections 7, 7 ( 1 ), or 8, or any other enabling authority, 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 Board of Selectmen , except School expenditures to be made by the School Superintendent with the approval of the School Committee; authorize leases and lease purchase agreements for more than three but not more than five years for those items to be leased or lease purchased , and further that the Town Administrator with the approval of the Board of Selectmen or School Superintendent with the approval of the School Committee for school items, 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 . Affordable Housing Costs to create, General Fund Free $ 150, 000 Trust support, and maintain Cash housing and housing programs b . Integrated Water Professional services General Fund Free $ 75, 000 Resources Planning & and costs for preparing Cash Implementation studies, engineering, and coordinating inter- municipal water resource management planning c. Fertilizer Impact Professional Services General Fund Free $ 140, 000 Assessment and costs, including Cash Engineering, bidding/procurement installation , and monitoring d . Town Hall Window Professional services General Fund Free $ 16, 000 Replacement and costs for Cash replacement of windows at Town Hall e . Electronic Ballot Costs for purchase of General Fund Free $ 22, 800 Tabulators electronic ballot Cash tabulators f. 5 Year Community Professional services General Fund Free $ 20, 000 Preservation Plan and costs Associated Cash with developing a five year Community Preservation Plan Page 9 of 39 Special and Annual Town Meeting Report May 15th, 2021 Sub-Total $423, 800 2 Elementary School Department a . Technology Upgrades Ongoing information General Fund Free $ 30, 000 and Improvements system and equipment Cash improvements including but not limited to purchase of desktop computers, servers, productivity and office software, backup system , and other hardware/software, switches and access points for wi-fi at Eddy and Stony Brook Elementary Schools b . HVAC, Plumbing, Professional services General Fund Free $ 25, 000 Electrical Maintenance & and costs for upgrades, Cash Repairs repairs and replacement of HVAC plumbing and electrical systems ( equipment, supplies and related software/hardware ) at Eddy and Stony Brook Elementary Schools c. Stony Brook Roof Professional services General Fund Free $ 20, 000 Repairs and costs for repairs to Cash the Stony Brook roof d . Stony Brook Flooring Professional services General Fund Free $ 40, 000 Replacement and costs for repairs Cash and replacement of flooring in the Stony Brook Elementary School e . Stony Brook School Professional services General Fund Free $ 55, 000 Testing/Abatement of and costs associated Cash Hazardous Waste with testing and requesting abatement of potential hazardous materials at the Stony Brook Elementary School f. Stony Brook Fire Alarm Professional services General Fund Free $ 25, 000 Panel Upgrades and costs related to Cash upgrading and relocating the Fire Alarm Panel and fire detectors at the Stony Brook Elementary School g. Stony Brook Water Professional services General Fund Free $ 25, 000 Heater Replacement and costs for Cash replacement of the water heater at the Stony Brook Elementary School Page 10 of 39 Special and Annual Town Meeting Report May 15th, 2021 Sub-Total $220,000 3 Nauset Regional School District a . Capital Plan Projects Professional services Raise and $ 269, 400 and costs, including appropriate procuring, engineering, permitting, repair and maintenance of buildings, grounds, and equipment within the Nauset Middle School and Nauset High School Sub-Total $ 269,400 4 Natural Resources a . Walkers Pond Water Professional services General Fund Free $40, 000 Quality and costs to evaluate Cash water quality in Walkers Pond Sub-Total $40,000 5 Information Technology a . Technology Upgrades Professional Services General Fund Free $ 60, 000 and Replacements and costs related to Cash information system and equipment improvements including but not limited to purchase of computers, servers, productivity and office software, backup systems and other hardware/software Sub-Total $ 60, 000 6 Water Department a . Construction Account Costs for goods, Water Enterprise $ 180, 000 materials and services Fund Retained to maintain and repair Earnings the Town' s water system b . Utility Vehicle Purchasing and Water Enterprise $ 60, 000 equipping one ( 1 ) Fund Retained utility truck Earnings c. Generator Project Professional Services Borrowing — Water $ 620, 000 and costs for installing Enterprise Fund new and/or replacing existing generators throughout the water system Sub-Total $ 860, 000 7 Department of Public Works a . Road & Drainage Projects Professional services, General Fund Free $ 150, 000 including engineering, Cash permitting and construction costs, for Town road maintenance and drainage projects Page 11 of 39 Special and Annual Town Meeting Report May 15th, 2021 b . MS4 Stormwater Professional services General Fund Free $ 80, 000 Compliance for MS4 stormwater Cash permitting and compliance c . Landfill ; Monitoring & Professional services General Fund Free $ 60, 000 Sampling Expense for monitoring Cash landfill/transfer station operations d . 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 Sub-Total $ 525, 000 8 Fire Department a . Emergency Costs associated with General Fund Free $ 20, 000 Management Funds professional training, Cash purchasing and maintaining emergency management equipment b . Self- Contained Costs for purchase of Article 10, item 9h of $ 100, 000 Breathing Apparatus self-contained May 6, 2019 Annual (SCBA) breathing apparatus Town Meeting, Cardiac Monitors Sub-Total $ 120, 000 9 Police Department a . Patrol Vehicle Professional services General Fund Free $ 135, 000 Replacement ( 3 ) and costs for Cash purchasing and equipping three police vehicles b . IT Repair/ Replacement Professional services General Fund Free $ 20, 000 and costs for IT repair Cash and/or replacement of hardware and/or software c . Building Maintenance & Professional services General Fund Free $ 15, 000 Repairs and costs for building Cash repairs and maintenance Sub-Total $ 170, 000 10 Council on Aging a . Replace Accessible Professional services General Fund Free $ 10, 000 Ramp and costs for replacing Cash the accessible ramp b . Exterior Painting Professional services General Fund Free $ 30, 000 and costs for painting Cash the exterior of the Council on Aging Sub-Total $40, 000 11 Ladies Library a . Tile Replacement Professional services General Fund Free $ 6, 918 and costs for repair Cash and replacement of bathroom tiles Page 12 of 39 Special and Annual Town Meeting Report May 15th, 2021 b . Alarm System Professional services General Fund Free $ 7, 500 Replacement and costs for Cash replacement of the alarm system Sub-Total $ 14,418 Grand Total $ 2, 742, 618 Or to take any other action relative thereto . ( Board of Selectmen ) (Two-Thirds Vote for Borrowing) Select Board Vice Chair Benjamin deRuyter: I move to approve Article No . 9 as printed in the warrant, including funding sources , purposes and amounts as listed, provided, however, that. item 6C , Water Department Generator Project be increased from $ 620 , 000 to $ 678 , 000 , that the sub total for Water Department be increased from $ 860 , 000 to $918 , 000 , and that the total amount to be appropriated under this article be increased accordingly from $2 , 742 , 618 to $ 2 , 800 , 618 ; and that to meet this appropriation , Town Treasurer, with the approval of the Selectmen, is authorized to borrow $ 678 , 000 under and pursuant to G. L. c . 44, §7( 1 ) , or any other enabling authority, and to issue bonds or notes of the Town therefor; the amounts appropriated by this vote shall be expended at the direction of the Town Administrator with the approval of the Board of Selectmen; that the Town Administrator with the approval of the Board of Selectmen, is authorized to sell, convey, trade - in or otherwise dispose of equipment being replaced by this vote , and, further, that any premium received upon the sale of any bonds or notes approved by this vote , less any such premium applied to the payment of the costs of issuance of such bonds or notes , may be applied to the payment of costs approved by this vote in accordance with G. L. c . 44, §20 , thereby reducing the amount authorized to be borrowed to pay such costs by a like amount . ACTION: Adopted by a Moderator declared 2 / 3 Vote . Voter Cards . 10 : 19am SPECIAL REVENUE FUND/Cable Franchise Fee Account ARTICLE NO . 10 : To see if the Town will vote to appropriate from the Cable Franchise Fee Special Revenue Fund the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($ 250,000), for the purpose of offsetting costs associated with providing local cable television related purposes, the sum of including, but not limited to the general public purpose of supporting and promoting public access to the Brewster cable television system ; training in the use of local access equipment and facilities; access to community, municipal and educational meeting coverage ; use and development of an institutional network and/or municipal information facilities; contracting with local cable programming services providers and/or any other appropriate cable related purposes, and including all incidental and related expenses, or to take any other action relative thereto . -` Board of Selectmen )) ( Majority Vote Required ) Adopted by a Majority under the Consent Calendar. 10 : 19am ACCEPTANCE OF GRANTS AND GIFTS ARTICLE NO . 11 : To see if the Town will vote to authorize the Board of Selectmen and Elementary School Committee to apply for and accept any and all grants or gifts from Federal , State, and local governments, charitable foundations, private corporations, and individual and private entities, Page 13 of 39 Special and Annual Town Meeting Report May 15th, 2021 and to expend those funds for the purposes for which grants are authorized ; and to authorize the Treasurer, in anticipation of grant proceeds to borrow amounts under and pursuant to Massachusetts General Laws Chapter 44, Section 7 or 8, or any other enabling authority, or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Adopted by a Majority under the Consent Calendar. 10 : 19am REPAIR AND RESURFACE TOWN ROADS/Chapter 90 Funds ARTICLE NO . 12 ; To see if the Town will vote to authorize the Board of Selectmen to apply for and accept State Grants from the Massachusetts Department of Transportation Highway Division ( Chapter 90 ), and to expend those funds for the purposes of state approved Chapter 90 projects, services, and purchases; and to authorize the Treasurer, in anticipation of grant proceeds to borrow amounts under and pursuant to Massachusetts General Laws Chapter 44, Section 7 or 8, or any other enabling authority, or take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Adopted by a Majority under the Consent Calendar. 1 : 04pm PROPERTY VALUATION SERVICES CONTRACT ARTICLE NO . 13 : To see if the Town will vote to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts for the purposes of conducting revaluations of real and personal property for up to a five year period , or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Select Board Member Ned Chatelain: I move to approve Article No . 13 as printed in the warrant . ACTION : Adopted by a Majority . Voter Cards . 11 : 39am FIRE UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO . 14 : To see if the Town will vote to raise and appropriate and /or transfer from available funds a sum of money to be used to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreements between the Town of Brewster and International Association of Firefighters Local 3763, each for a term as follows : A. July 1, 2020 through June 30, 2021 B . July 1, 2021 through June 30, 2023 or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Select Board Member David Whitney: I move to approve Article No . 14 , Item A, as printed in the warrant , and, to fund the cost items of the first fiscal year of said contract with sums as appropriated at the September 12 , 2020 Annual Town meeting under the Contractual Obligations line item of the Fringe Benefits budget of Article 5 , Town Operating Budget and authorize the Town Accountant to allocate such sum accordingly. I move to indefinitely postpone Article No . 14 , Item B . ACTION : Adopted Unanimously. Voter Cards . Page 14 of 39 Special and Annual Town Meeting Report May 15th, 2021 11 : 42am POLICE UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 15 : To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and Brewster Police Union, Massachusetts Coalition of Police, Local 332, AFL- CIO, for a term effective July 1, 2021 through June 30, 2023, or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Select Board Member David Whitney: I move to approve Article No . 15 as printed in the warrant, and to fund the cost items of the first fiscal year of said contract as appropriated at this meeting under the Contractual Obligations line item of the Fringe Benefits budget of Article 5 , Town Operating Budget, and authorize the Town Accountant to allocate such sum accordingly. ACTION: Adopted Unanimously. Voter Cards . 11 : 43am POLICE SERGEANT'S UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO . 16 : To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreements between the Town of Brewster and the Brewster Police Superior Officers Association , New England Police Benevolent Association , Local 78, for a term effective July 1, 2021 through June 30, 2023, or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Select Board Member David Whitney: I move to approve Article No . 16 as printed in the warrant and to fund the cost items of the first fiscal year of said contract with sums as appropriated at this meeting under the Contractual Obligations line item of the Fringe Benefits budget of Article 5 , Town Operating Budget, and authorize the Town Accountant to allocate such sum accordingly. ACTION : Adopted by a declared Majority. Voter Cards . 11 : 45am SEW COLLECTIVE BARGAINING AGREEMENT ARTICLE NO . 17 : To see if the Town will vote to raise and appropriate and/or transfer from available funds a . sum of money to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and Service Employees International Union , Local 888, for a term effective July 1, 2021 through June 30, 2023, or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Select Board Member Ned Chatelain : I move to indefinitely postpone Article No . 17 , ACTION: Adopted Unanimously to Indefinitely Postpone . Voter Cards . 11 : 46am OPEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE NO . 18 : To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used fund the cost items of the first fiscal year of the Page 15 of 39 Special and Annual Town Meeting Report May 15th, 2021 proposed Collective Bargaining Agreement between the Town of Brewster and Office and Professional Employees International Union , Local 6, for a term effective July 1, 2021 through June 30, 2023 , or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Select Board Vice Chair Benjamin deRutyer: I move to indefinitely postpone Article No . 18 . ACTION : Adopted Unanimously to Indefinitely Postpone . Voter Cards . 11 : 47am LADIES LIBRARY UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 19 :i To see if the Town will vote to raise and appropriate and/or transfer from available funds a 'sum of money to be used to fund the cost items for the first fiscal year of the proposed Collective Bargaining Agreement between the Brewster Ladies Library Association and the Service Employees International Union , Local 888, Brewster Library Employees, for a term effective July 1, 2021 through June 30, 2023, or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Select Board Member Cynthia Bingham : I move to approve Article No . 19 as printed in the warrant and to fund the cost items of the first fiscal year of said contract with sums as appropriated at this meeting under the Contractual Obligations line item of the Fringe Benefits budget of Article 5 , Town Operating Budget and authorize the Town Accountant to allocate such sum accordingly. ACTION : Adopted Unanimously. Voter Cards . 11 : 49am NON - UNION PERSONNEL WAGE FUNDING ARTICLE NO . 20 : To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to fund wage and salary adjustments effective July 1, 2021 for eligible and non - union employees dictated by the Compensation Plan developed pursuant to the Personnel Bylaw, Section 364 of the Brewster Town Code, for a term effective July 1, 2021 through June 30, 2023, or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Select Board Vice Chair Benjamin deRuyter: I move to approve Article No . 20 as printed in the warrant and to fund the cost items of the first fiscal year of such contract with sums appropriated at this meeting. • under the Contractual Obligations line item of the Fringe Benefits budget of Article 5 , Town Operating Budget • under the Contractual Obligations line item of the Water Enterprise Fund, Particle 7 • under the Contractual Obligations line item of the Golf Reserve Fund, Article 6 ; and • from the Crosby Mansion Revolving Fund and authorize the Town Accountant to allocate such sums accordingly. ACTION : Adopted Unanimously. Voter Cards . Page 16 of 39 Special and Annual Town Meeting Report May 15th, 2021 1 : 42pm CITIZEN PETITON /5 Year Cost Estimate to Operate Dog Park ARTICLE NO. 21 : To see if the Town will direct the Board of Selectmen to require a 5 -year estimated administration , operations and maintenance plan with proposed budget, to include the method and cost of addressing waste containment and disposal, to be presented to the taxpayers before Town meeting may allocate any Town land for the development of a Dog Park; or to take any other action relative thereto . ( Citizen Petition ) ( Majority Vote Required ) Petitioner Jillian Douglass : I move to Indefinitely Postpone Article No . 21 . ACTION : Adopted by a Majority. Voter Cards. 1 : 44pm CITIZEN PETITON /Climate Emergency and Net Zero Declaration ARTICLE NO . 22 & To see if the Town will vote to approve the following : Be it resolved that the Town of Brewster recognizes that the climate emergency — driven by human activity including fossil fuel consumption and land use practices leading to global warming, rising seas, deadly storms, dangerous heat waves, acidifying oceans, and melting ice sheets — poses a threat to the health , safety, and economic security of our residents, especially our children and future generations, and to our natural resources . The Town of Brewster therefore adopts the following policy objectives : ( 1) Reduce net greenhouse gas emissions from human activity within and by the Town to zero at the earliest technically and economically feasible time, and ( 2 ) Reduce the Town ' s vulnerability to climate change . Further, the Town requests that the Select Board and Town Administration integrate these priorities into their strategic planning efforts, direct all Town officers and departments to take such measures within the scope of their respective responsibilities and authority as may be necessary and prudent to facilitate such policy objectives, and actively engage the community in moving these initiatives forward . ( Citizen Petition ) ( Majority Vote Required ) Petitioner Christopher Powicki: I move to approve Article No . 22 as printed in the warrant . ACTION : Adopted by a Majority. Voter Cards . 11 : 51am TOWN CODE AMENDMENT/ Private Road Betterment ARTICLE NO . 23a To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 157, by revising Section 20, as shown below, with text to be deleted noted by stFikethF9UgI4 and text to be inserted show in bold and underline, as follows; § 157-20 Repair by Town . A. In the event that a group of property owners who own property on a private road which has been open for public use for at least five years wish the Town of Brewster to finance the repair of their Page 17 of 39 Special and Annual Town Meeting Report May 15th, 2021 private way, they shall engage an engineer experienced in road construction and repair who shall survey the road in question to develop a plan for the repair of that private road which shall take into consideration the need for additional drainage, new berms, driveway aprons to protect the edges of the repaired road , the filling of existing cracks and the application of one or more layers of bituminous concrete . Be The plan shall specify the projected useful life of the repaired private way, and in no event shall the projected useful life be less than 15 years . All costs of preparing the plan , obtaining cost estimates and preparing the petition described below shall be the exclusive responsibility of the petitioners . C. After the plan has been prepared , the property owners ' engineer shall secure at least three bids from established contractors to complete the work outlined lin the engineer ' s plan . After receipt of the bids, the property owners shall prepare a petition to the Select Board for the Town of Brewster to finance the work in an amount certain , including a ten - percent contingency amount . The petition shall list the parcels by lot number and map number together with the owners ' names of record with a space for each owner to place his or her signature . The petition must state that each signature represents an irrevocable agreement by each signatory to repay to the Town of Brewster, through the mechanism of a betterment added to each owner ' s real estate tax bill, his or her pro- rata share of the total amount to be financed plus interest and administrative costs, which Town administrative costs shall not exceed 4% of the project . The petition shall not be presented to the Selectmen unless 50% of all the abutters to the road plus one more abutter shall have agreed to the project and its financial commitment by having signed it . D . The petition , accompanied by the engineer' s plan , a map of the private way to be repaired and backup for the cost estimates shall be submitted to the Selectmen ' s Office ^ ^ ^ r " ^{^ r^ ",: e " er 68 . The Selectmen shall refer every such petition to the Assessor' s Office for verification of signatures and confirmation that more than 50% of abutters have signed . The Selectmen shallconsider all submitted petitions that pass the Assessor' s examination PFiGF te If the Selectmen determine that the proposed repairs are in the public interest and if the Selectmen determine that these repairs are within the financial capability of the Town , the Select Board shall refer each petition so determined to the Planning Board which shall conduct a public hearing on each petition an ^ r b ^{^ r^ Pebr aFy 29to evaluate the plan , examine the cost estimates and hearfrom both the abutters and the general public . The Planning Board shall either endorse the plan by a simple majority vote and return it to the Selectmen , recommend changes in costs or scope of the plan or disapprove the plan by a simple majority vote . E . If the Planning Board approves any such plan , the Select Board may place the plan on the warrant for t e nen��a ' any special or annual Town Meeting. # the-D1 ^ ;,; mowa„ d- sus s ^ , 000 ^^+: ^ ^ � . ^ " ^ „ „^ � ; ^ ^ ^�� W5 ^^ �+�, +The Select Board shall thereafter may, at its eptimen., send out proxies to the abutters noting scope and cost changes, if any ^ r it ^. ay Fetum the ej +^ the petitieneFs . .-The proxies aFe sent ^ „+, + " ^„ must be returned at least 45 days prior to by MaFeh 91 if the ^ . ^ ,.+ c .r +^ be ^ ^ ridpred at the Ann}, ;; I Town Meeting at which they are to be considered . If the proxies are returned by MaFGh 31, within such time, the Selectmen may place the project on the Aral Town Meeting Warrant, provided that more than 50% of the abutters approve the plan as approved by the Planning Board F ions . Long-term financing may be issued for said project by the Town for up to a fifteen -year period . F . If the APA , l Town Meeting votes to endorse and finance the project, the engineer who did the original plan shall be named " Project Manager. ” He shall prepare a new request for quotations with the bids to be directed to the Town Administrator. The Project Manager and the Town Administrator shall select the best bid to do the work. The Project Manager shall advise the Page 18 of 39 Special and Annual Town Meeting Report May 15th, 2021 Superintendent of Public Works 48 hours in advance of each phase of the project and certify, in writing, to the Superintendent of Public Works that each phase of the work has been completed to the Project Manager's satisfaction . The Superintendent of Public Works shall inspect the completed work and certify to the Town Accountant that the work is completed so that payment can be made . G . For a group of private roads within a subdivision the same procedure shall be used for any petition filed on or after July 1, 2019, provided that : ( , ` Se leng a majority of the owners of the lots abutting the group of private ways to be repaired signs the petition required by Subsection B above . Where a lot has frontage on , and derives access from , more than one group of roads, the owner of such lot shall be entitled to only one vote . Owners of lots that are assessed as unbuildable and lots that may not be built upon pursuant to a deed restriction , conservation restriction or other recorded instrument shall not be entitled to vote and such lots shall not be subject to betterment assessments hereunder .; e . : ., rl : . nr+ ly 4,� . + 4, n neigh : .+ ' � + w, h i . H . The Town of Brewster shall incur no liability for any damages of any nature whatsoever arising from the project by virtue of the Town ' s agreeing to finance any repair of a private subdivision way. The abutters who accept Town financing shall be deemed to have indemnified and held the Town harmless against any and all such claims . 1 . Any private way improved under the provisions of this bylaw need not be brought up to full Town road standards . Any private way improved under the provisions of this bylaw shall continue to remain a private way. ( Board of Selectmen ) ( Majority Vote Required ) Select Board Member Ned Chatelaine. I move to approve Article No . 23 as printed in the warrant. ACTION: Adopted Unanimously. Voter Cards . 11 : 52am CITIZEN PETITION / Private Road Betterment ARTICLE NO . 24e ARTICLE 157 — 9 and 157 — 20 Repair by Town . To see if the Town will vote, regarding only the number of abutters who must sign a petition requesting a road Betterment, to amend sections 9 and 20 of Article 157 as follows : Every instance of the words " more than fifty percent," "fifty percent plus one" or "majority" shall be replaced by the words "two-thirds" 66 . 7% rounded up to the next highest whole number," or take any other action relative thereto . ( Citizen Group ) ( Majority Vote Required ) Petitioner Donna Cormier. I move to approve Article No . 24 as printed in the warrant. ACTION : Defeated. Voter Cards . 12 : 01pm CITIZENS PETITION / Hunting on Town Property ( Punkhorn ) ARTICLE NO . 25a To see if the Town will vote to prohibit in the Punkhorn Parklands (see map and FY2021 Punkhorn Parklands Parcels, numbers 1 - 108, below) : the discharge of firearms or Page 19 of 39 Special and Annual Town Meeting Report May 15th, 2021 hunting. No person shall discharge any gun , including paint ball guns, fowling piece, pistol, or firearm or release an arrow from a bow or hunt or trap or poison in the area of town-owned parcels in southwest Brewster, typically referred to as the Punkhorn . This petition will not affect municipal use as outlined in the " Wildland Fire Protection and Preparedness Plan for the Punkhorn Parklands " or the Town ' s use of sharp shooters for hire to control nuisance or injured wildlife, or to take any other action relative thereto . ( From : FY2021 Punkhorn Parklands Parcels, numbers 1408 ( map number followed by parcel number (s ) followed by street : 19-45 (Slough ) ; 20-- 1, 2, 28, 29, 31, 33 , 34, 35, 36 ( Black Duck ), 4 ( Cranview ) ; 21- 1, 10, 11, 2, 5 (Archies ), 6 (Walker' s Pond ), 8 ( Upper Mill ), 9 (Archies ) ; 22- 1, 2, (Archies ), 3 ( Upper Mill ) ; 294 (Squantum ), 2, 3 (West Gate ), 4, 5 (Squantum ); 30- 1, 14, 15, 16, 17 (West Gate ), 18 (Squantum ) , 19, 21 20, 61 81 9 (Westgate ) ; 31- 1 (West Gate ), 10, 11, 12 ( East Gate ), 13 , 14, 15, 16, 21 3 (West Gate ), 4, 5 ( Upper Mill ), 6, 7, 8, 9 (West Gate ) ; 32` 1 (West Gate ) , 10, 11, 15 ( Eagle Point), 16, 17, 18 ( Run Hill ), 19 ( Off Run Hill ), 2, 20, 21, 22 (West Gate ), 3 ( Run Hill ), 4 ( West Gate ), 5 ( Run Hill ), 8, 9 ( Eagle Point) ; 3343, 61 ( Run Hill ), 62 ( Red Maple ) , 65, 8 ( Run Hill ) ; 41- 11 14, 2 (Squantum ), 26 ( Punkhorn ), 3, 4 (Squantum ) ; 42- 10 ( Punkhorn ), 13 (Seymour), 14 ( East Gate ), 15 (Seymour), 16 ( Punkhorn ), 2 ( East Gate ), 3, 4, 5 ( Punkhorn ), 6 ( East Gate ), 7 ( Punkhorn ), 8, 9; 43 -- 1 ( East Gate ), 2 (West Gate ), 3 , 37 ( East Gate ), 38 (West Of); 4442 (Tuckers ) ; 13 ( Massac) ; 4543 ( Run Hill ), 14, 22 ( Great Fields ) , 25 ( Calf Field ) , 27 ( Great Fields ) . ) ( Citizens Group ) ( Majority Vote Required ) Petitioner Betsy Smith: I move to approve Article No . 25 as printed in the warrant . Lisa Vesperman Still. I move to refer Article No . 25 to Committee (Conservation Commission) to establish rules and regulations for the publics use of the Punkhorn Parklands defined in the article including whether hunting of any kind will be allowed within its borders in the future . Lisa Vesperman Still: I amend my prior motion to create a committee consisting of 1 member of the Natural Resources Advisory Commission appointed by its members , 2 members of the Conservation Commission appointed by its members , and 3 Brewster citizens appointed by the Select Board. ACTION on motion presented by Lisa Vesperman Still. Defeated. Counted Yes 128 - No 206 Citizen Amendment to Article No . 25 ; Change last sentence to read: This petition shall not affect municipal use as outlined in the "Wildland Fire Protection and Preparedness Plan for the Punkhorn Parklands" or the Town's and Conservation Commission' s ability to actively manage the flora and fauna of this area , or to take any other action relative thereto . ACTION on Citizen Amendment: Defeated. Voter Cards . Karl Fryzel: I move the previous question. ( Citizen Amendment) ACTION on motion presented by Karl Fryzel: Adopted by a Majority. Voter Cards . Hayley Winfield: I move the previous question. (Main Motion) ACTION on motion presented by Hayley Winfield: Adopted by a Majority. Voter Cards . . Page 20 of 39 Special and Annual Town Meeting Report May 15th, 2021 ACTION on main motion: Adopted by a Majority. Voter Cards Counted. Yes - 182 - No - 173 1 : 15pm - Heather Sprague : I move to adjourn Town Meeting to a time certain, May 22nd , 2021 at loam . ACTION on motion presented by Heather Sprague : Defeated. Voter Cards . 1 : 43pm CAPTAINS GOLF COURSE RESTAURANT LEASE ARTICLE NO. 26 : To see if the Town will vote to authorize the Town Administrator to solicit proposals and enter into a contract for the lease of the restaurant facilities at the Captains Golf Course for up to a five year period , or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Select Board Member Cynthia Bingham . I move to approve Article No . 26 as printed in the warrant. ACTION: Adopted Unanimously. Voter Cards. 1 : 48pm CITIZENS PETITION /School Choice ARTICLE NO . 27 & WHEREAS the four towns in the School District, Brewster, Orleans, Eastham and Wellfleet send approximately 605 students per year with the remaining 300 students attending under either a tuition agreement ( 100 students from Providence and Truro ) or as CHOICE students neither of which pay full costs resulting in a cost shift of financial subsidies to taxpayers in the School District : WHEREAS a number of taxpayers object to continued funding of deficiencies in annual operating costs and capital acquisitions for students outside the district and the addition of debt services costs that will be associated with the NRHS construction project . THEREFORE, it is proposed by the taxpayers of Brewster that their Select Board promptly and urgently negotiate an agreement with the School Committee to reduce the subsidy burden on the taxpayers over time and make such agreement known to the town taxpayers . Such agreement would freeze the School District commitment to CHOICE students to those students already promised a spot in grades 6 through 12 . No additional CHOICE spots will be committed . Additionally, the School District will make every effort to collect full costs for Tuition students recognizing the three types of costs : operating, capital and debt service . This agreement will continue for seven ( 7 ) years at which time the Select Board and the School Committee agree to revisit the plan to decrease the substantial subsidy. , or to take any other action relative thereto . ( Citizen Group ) ( Majority Vote Required ) Petitioner Helga Dyer: I move to approve Article No . 27 as printed in the warrant. ACTION : Defeated. Voter Cards Counted: Yes — 75 — No — 144 Page 21 of 39 Special and Annual Town Meeting Report May 15th, 2021 1 : 22pm TOWN CHARTER ARTICLE NO . 28 : To see if the Town will vote to authorize the Select Board to petition the Massachusetts General Court for special legislation to establish a charter for the Town of Brewster, as recommended by the Charter Committee and set forth in the pages that follow; provided , however, that the General Court may make clerical or editorial changes of form only to the bill , unless the Select Board approve amendments to the bill before enactment by the General Court, and provided further that the Select Board is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition , or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) * Deputy Moderator Pat Hughes Moderated Article No . 28 . Select Board Member Cynthia Bingham : I move to approve Article No . 28 as printed in the warrant and with the revisions listed in the errata sheet posted on the Town's website and in the office of the Town Clerk. Jillian Douglass : I move to postpone indefinitely Article No . 28 . Action on motion presented by Jillian Douglass : Defeated. Voter Cards . William Henchy: I move that the proposed charter attached to Article 28 be amended as follows . 1 . That Chapter 7, Section 2 , Sections 7-2 = 1 and 7-2 - 2 be deleted therefrom; and that a new Section 7-2 - 1 be substituted, to read as follows . "Amendments to the Charter may be approved by any means available by law and the constitution; provided, however, that if such amendments are to be acted upon by Town Meeting in accord with G. L. c . 43B , § 10 , the Select Board and Finance Committee shall present their recommendations to Town Meeting for consideration upon any such proposed amendment . " And; 2 . Chapter 7 , Section 2 , Section 7-2 - 3 as appears in the warrant be re -numbered to be Section 7-2 -2 . ACTION on amendment presented by William Henchy: Adopted by a majority. Voter Cards . ACTION on main motion: Adopted by a Majority. Voter Cards . * See next page for full text of An Act Establishing a Charter for the Town of Brewster * *This space intentionally left blank * * Page 22 of 39 Special and Annual Town Meeting Report May 15th, 2021 AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER' Table of Contents SPECIAL ACT SECTION 1 . CHARTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 CHAPTER 1 POWERS OF THE TOWN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 CHAPTER 2 TOWN MEETINGS AND ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 CHAPTER 3 THE SELECT BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 CHAPTER 4 TOWN MANAGEMENT 11 CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES . . . . . . . . . . . . . . . . . 15 CHAPTER 6 FINANCIAL PROVISIONS . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 CHAPTER 7 BY-LAWS AND CHARTER — ADOPTION, AMENDMENT AND PERIODICREVIEW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 SPECIAL ACT SECTION 2 . CONTINUATION OF EXISTING LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 SPECIAL ACT SECTION 3 . CONTINUATION OF GOVERNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 SPECIAL ACT SECTION 4 . CONTINUATION OF PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 SPECIAL ACT SECTION 5 . TRANSFER OF RECORDS AND PROPERTY . . . . . . . . . . . . . . . . . . . . . .22 SPECIAL ACT SECTION 6 . EFFECT ON OBLIGATIONS , TAXES , ETC . SPECIAL ACT SECTION 7 . TRANSITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SPECIAL ACT SECTION 8 . TIME OF TAKING EFFECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 1 The text of the Charter itself appears in Special Act Section 1 . The other sections of the special act, shown in italic text, will not appear in the Charter but will address the legal elements of the Town' s legal transition to the Charter form of government. Page 23 of 39 Special and Annual Town Meeting Report May 15th, 2021 AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER Be it enacted by the Senate and House of Representatives in General Court assembled, . and by the authority of the same, as follows: SPECIAL ACT SECTION 1 . Notwithstanding any general or special law to the contrary, the following shall be the charter for the town of Brewster: Brewster Town Charter Preamble : We, the people of the Town of Brewster, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government, adopt this charter with the expectation and intent that the Charter will continue and enhance the town' s strong traditions of active voter participation; ethical, transparent and responsive leadership ; wise use of public resources ; respect for all in the community ; and an engaged citizenry . We expect and intend that our government will be welcoming and inclusive and will promote equality and respect for all people . CHAPTER 1 POWERS OF THE TOWN SECTION 1 Incorporation 144 The present town of Brewster, Massachusetts , within its corporate limits as now established, shall continue to be a body politic and corporate under the name, town of Brewster. SECTION 2 Scope of Town Powers 1 -24 The town shall possess and exercise all powers possible under the constitution and laws of the commonwealth of Massachusetts as fully and completely as though those powers were expressly enumerated in this chapter. SECTION 3 Form of Government 1 -34 This charter provides for a select board-open town meeting-town manager form of town government. SECTION 4 Construction of Charter 1 -44 The power of the town under this charter shall be construed liberally in favor of the town, and the specific mention of particular powers in the charter shall not be construed as limiting in any measure the general powers of the town as stated in section 1 -2- 1 . SECTION 5 Intergovernmental Relations 1 -5 - 1 The town may exercise, consistent with the law, any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any 1 or more civil divisions, subdivisions or agencies of the commonwealth, other states or of the United States government. CHAPTER 2 TOWN MEETINGS AND ELECTIONS SECTION 1 Legislative Power 2- 1 - 1 The legislative powers of the town shall be exercised by a town meeting open to all registered voters of the town. Page 24 of 39 Special and Annual Town Meeting Report May 15th, 2021 SECTION 2 Open Town Meeting 2-2- 1 Business sessions of the annual town meeting shall be held on the first Monday in May and may be continued on such additional days as may be decided by the town meeting upon recommendation of the select board. There shall also be a second business session of the annual town meeting held in the last 3 months of the calendar year on a date to be determined by the select board, which meeting shall be an " annual town meeting " for purposes of the general laws ; provided, however, that the select board may, at its discretion, cancel said fall annual town meeting -_ no later than September 15 in any year, so long as no more than 5 citizen petitioned articles submitted pursuant to section 24 for inclusion on the warrant at said fall annual town meeting and notice of the select board' s action with regard to such meeting shall be posted on the town website and principal bulletin board. The select board' s decision as to whether to hold a fall town meeting shall not prohibit the select board from calling for a special town meeting, from time to time, at its discretion. SECTION 3 Warrant 2-34 Town Meeting Warrants A) Except for procedural matters, all subjects to be acted on by town meeting shall be placed on warrants issued by the select board. B) The date of the closure of the warrant to petitioned articles shall be set by by-law. 2-3-2 Posting A) In addition to any notice required by the general laws, the select board shall post the town meeting warrant at the following locations : town hall and at least 1 location in each precinct, and make available sufficient copies of the warrant at the town meeting for all registered voters in attendance. B) In addition, the select board shall, at least 1 week prior to the meeting, post the warrant for such meeting on the town website, and make the same available at town hall, and as required by by-law or select board policy, at town facilities and other common locations throughout the town. However, failure to timely post the warrant on the website or to make such copies available no later than 1 week prior to the date of the town meeting shall not invalidate or otherwise affect the legality or validity of the actions taken at the town meeting. SECTION 4 Citizen Petitions 24- 1 Any 10 voters of the town may secure, by written petition to the select board, the inclusion of an article for the warrant of any duly scheduled annual town meeting, and at least 100 registered voters may secure the same for any duly scheduled special town meeting. 24-2 The select board may provide a pre-petition process whereby petitioners can seek review of proposed petitions prior to submission. SECTION 5 Quorum 2-54 The town meeting shall establish by town by-law a quorum requirement for the opening of its business, but a smaller number than the established quorum may adjourn immediately any meeting to a stated date, time and place as recommended by the select board; provided, however, that in the event of a state of emergency declared by the Governor to protect the public health or safety, the quorum may be reduced in the manner set forth in section 7 of chapter 92 of the acts of 2020 . SECTION 6 Presiding Officer 2-6- 1 Moderator. A moderator, who shall be a registered voter of the town, shall be elected for a 3 -year term. All sessions of the town meeting shall be presided over by a moderator, elected as provided in section 2- 10- 1 . The moderator shall regulate the proceedings, decide questions of order and make public declarations of all votes . The moderator shall have all of the powers and duties Page 25 of 39 Special and Annual Town Meeting Report May 15th, 2021 given to moderators pursuant to the constitution and the general laws, and such additional powers and duties as may be authorized by the charter, by by-law or by other town meeting vote. 2 -6-2 Deputy Moderator. The moderator shall appoint a deputy moderator for a 1 -year term who shall, in the event the moderator is absent or has a conflict, serve as moderator. 2-6-3 Vacancy. If the office of moderator becomes vacant, the select board shall appoint a registered voter of the town as acting moderator, who shall not be an elected town officer, who shall serve as such until the next scheduled election of town officers . SECTION 7 Rules 2-7- 1 Unless otherwise provided by by-law, rules of procedure for the town meeting shall be in accord with "Town Meeting Time, A Handbook of Parliamentary Law" published by the Massachusetts Moderators Association, as it may be amended from time to time. SECTION 8 Clerk of the Meeting 2- 8 - 1 The town clerk shall serve as the clerk to the town meeting . In the event that the town clerk is absent, the assistant town clerk shall so serve, regardless of whether such assistant is a resident or registered voter of the town. SECTION 9 Deport 2-94 A journal of the proceedings of the town meeting shall be kept as a permanent record in the town clerk' s office and it shall be a public record. SECTION 10 Elections 2- 10- 1 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 . Whenever the annual election for the election of officers and such matters as are by law determined by ballot falls fewer than 2 weeks after the scheduled beginning of the spring annual town meeting, then the annual election shall be held on the 4t' Tuesdayin May . Notwithstanding any other provision of this paragraph, however, the select board may delay the date of the annual election to another date in the same fiscal year if the Governor has declared a state of emergency to protect the public health or safety . Then the Annual Election shall be held on the fourth Tuesday in May, or any other Tuesday in May or June as determined by the Select Board after consultation with the Town Clerk. SECTION 11 Elected Officers 2- 11 - 1 The registered voters of the town of Brewster shall, in accordance with any applicable laws, by-laws, votes of the town or intergovernmental agreement, elect the following, with members of multi-member bodies to be elected for overlapping terms : a) Moderator for a 3 year term; b) Select board of 5 members, each for a 3 year term; c) Brewster school committee of 5 members, each for a 3 year term; d) Representatives to the Nauset regional school district school committee, as the regional school agreement shall provide, and as it may be amended from time to time; e) Board of health of 5 members, each for a 3 year term; f) Planning board of 7 members for 4 year terms ; g) Recreation commission of 5 members for 3 year terms ; h) Historic district committee of 5 members, with 4 elected members and 1 member appointed by the select board, each for a 3 year term; Page 26 of 39 Special and Annual Town Meeting Report May 15th , 2021 i) Housing authority of 5 members, of which 3 shall be elected and 2 shall be appointed, in accordance with requirements of state law as it may be amended from time to time ; and 0 ) Constable for a 3 year term, provided, however, that the authority of the elected constable in the town of Brewster shall be limited to the posting of the warrant for a town meeting or town election, provided, further, that the person holding such position shall conform to any reasonable regulations concerning such responsibilities as may, from time to time, be proposed by the chief -- of police and approved by the select board. SECTION 12 Recall of Elected Officers 2- 12- 1 Recall of Elected Officers Any holder of an elected office in the town of Brewster may be recalled from that office by the registered voters of the Town as hereinafter provided, for reasons including but not limited to neglect of duties, malfeasance, misconduct or inability to perform official duties ; provided, however, that the question of whether the reasons stated for recall justify recall of a particular officer shall be determined solely by the voters . A) Initiation of petition; submission; certification Any 25 registered voters of the town of Brewster may initiate a recall petition by filing with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall, and specifying the lead petitioner. The town clerk shall thereupon make available to said lead petitioner copies of petition blanks demanding such recall, printed copies of which the town clerk shall keep available. Such blanks shall be issued by the town clerk under the town seal, and be dated, be addressed to the select board, and shall contain the names of all the persons to whom they are issued, the name of the person whose recall is sought, the grounds of recall as stated in the affidavit, and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk. Said recall petition shall be returned and filed with the town clerk within 20 days after notification by the town clerk to the lead petitioner that the recall petitions are available, and shall have been signed by at least 12% of the registered voters of the town as of the last regular election, who shall add to their signatures the street and number, if any, of their residence. The town clerk shall within 1 working day of receipt submit the petition to the registrars of voters in the town, and the registrars shall within 5 working days certify thereon the number of signatures which are names of registered voters of the town. B) Delivery to officer; order of recall proceedings If the petition shall be found and certified by the town clerk and board of registrars to be sufficient, the town clerk shall submit the same with the town clerk' s certificate to the select board within 3 working days, and the select board shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled. If the officer does not resign within 5 days thereafter, the select board shall order an election to be held on a date fixed by it not less than 65 and not more than 90 days after the date of the town clerk' s certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within 100 days after the date of certification, the select board shall postpone submission of the question of recall to the date of such other election. No person shall be subject to recall if their term of office expires within 90 days of the certification. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section. C) Conduct of Recall An officer sought to be removed may be a candidate to succeed themselves and, unless they request otherwise in writing, the town clerk shall place their name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the removal election, and the conduct of same shall all be in accordance with the provisions of law relating to elections . Page 27 of 39 Special and Annual Town Meeting Report May 15th , 2021 D) Action upon completion of recall The incumbent shall continue to perform the duties of the office until the question of recall has been acted upon by the voters . If then re-elected, the officer shall continue in office for the remainder of their unexpired term subject to recall as before, except as provided in this charter. If not re-elected, they shall be deemed removed; their successor shall serve the remainder of the unexpired term. Provided however, if the successor fails to qualify within 10 days after receiving notification of their election, the office shall be deemed vacant. E) Ballots to be used (i) Ballots used for recall shall submit the following propositions in the order indicated: For the recall of (name and title of officer) . Against the recall of (name and title of officer) . (ii) Under the propositions shall appear the word " Candidates, " the directions to the voters required by G. L . c . 54, § 42 , and beneath this the names of candidates nominated in accordance with the provisions of law relating to election. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of the votes on the question is in the negative, the ballots for candidates shall not be counted. F) Time limits on filing of petitions No recall petition shall be filed against an officer within 90 days after taking office, nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least 6 months after the election at which their recall was submitted to the voters of the town. G) Limits on appointments after filing of recall petition No person who has been recalled from an office or who has resigned from office following the filing of a recall petition shall be appointed to any Town office within 2 years after such recall or such resignation. CHAPTER 3 THE SELECT BOARD SECTION 1 Composition, Compensation and Vacancies 344 There shall be a select board consisting of 5 members elected for 3 -year overlapping terms . The board collectively shall serve as the executive branch of town government. For purposes of the Massachusetts general laws and regulations, any special laws applicable to the town of Brewster, as well any local law or regulations, the "select board" referred to hereunder shall have all the powers, duties and responsibilities of a board of selectmen. 34 -2 A chair, vice-chair and clerk shall be elected by the select board at the first meeting following each regular town election. 34 -3 A quorum of the select board shall be 3 members . 34 -4 Each member of the select board may receive an annual stipend asset forth in the Brewster by-laws, subject to appropriation by town meeting . 34 -5 If a member of the select board dies, resigns, is convicted of a felony while serving, or ceases to be a registered voter, the resulting vacancy may be filled by special election in accordance with Massachusetts general laws . Page 28 of 39 Special and Annual Town Meeting Report May 15th , 2021 SECTION 2 General Powers and Responsibilities 3 -24 The select board shall exercise the powers and duties prescribed by the Massachusetts general laws, this charter, and the Brewster general by-laws . The select board may delegate powers and duties to the town manager or to another town board. The select board shall enforce the laws and orders of the town, including this charter. 3 -2-2 The select board shall be the primary policy-making, planning, and goal- setting agency of the town; provided, however, that no individual member of the board, nor a majority of them, shall at any time, attempt to become involved in the day-to-day administration of the affairs of the town. It is the intention of this provision that the select board shall act only through the adoption of policy directives and guidelines which are to be implemented by officers and employees appointed by or under its authority . 3 -2-3 The select board, following the development of the proposed budget by the town manager, shall review the annual proposed operating and capital budgets submitted by the department heads, and shall make the main motion under the budget article at the annual town meeting . 3 -24 The select board shall protect the assets of the town. 3 -2-5 The select board shall approve all collective bargaining agreements of the town negotiated by the town manager, consistent with the provisions of G.L . c . 150E as it may be amended from time to time . 3 -2-6 The select board shall, no less than 1 time per year, meet jointly with the finance committee, the Brewster school committee, the Nauset regional school district school committee, and the Cape Cod regional technical high school district school committee, or their respective designees, for the purpose of sharing information. 3 -2-7 The select board shall be the licensing authority of the town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of said licenses and to attach conditions and restrictions thereto as it deems to be in the public interest, and to enforce the law relating to all business for which it issues licenses ; provided, however, that the board may, at its discretion, delegate responsibility to the town manager or a board created for such purposes for issuance and enforcement of 1 or more licenses . 3 -24 The select board shall ensure that the Brewster general by-laws are kept current. 3 -2-9 The select board shall be responsible to ensure that the town manager complies with the charter. 3 -240 The select board shall approve all personnel policies proposed by the town manager in accordance with section 4- 1 -4(K) . SECTION 3 Written Records and Communication to the Town 3 -34 Any goal, policy, plan, or official act adopted by the select board shall be in writing and included in its entirety in the minutes of the meeting at which it was adopted. The town manager shall ensure that a file containing a complete list of the select board' s current policies and goals is posted on the town website for public reference . The select board shall designate to the town manager the publishing of an annual town report for each calendar year. 3 -3 -2 Before August 31 and after the annual town election, the select board shall hold a meeting for the purpose of stating the board' s goals for the next fiscal year(s) , referred to as the "Annual Goal Setting Meeting. " SECTION 4 Powers of Appointment 34- 1 The select board shall select, and enter into a contract with, a town manager. If the town manager position becomes vacant for any reason, the select board shall designate a qualified person to serve in an acting capacity . Page 29 of 39 Special and Annual Town Meeting Report May 15th, 2021 3 -4-2 The select board shall appoint, following consultation with the town manager, the fire chief, police chief, and town counsel . 3 -4-3 The select board shall appoint members of all multiple member bodies, except as otherwise provided in this charter. 344 The select board may appoint ad hoc committees as it deems necessary or appropriate . SECTION 5 Investigatory Powers 3 -54 The select board may investigate the alleged misconduct of the town manager, any town board, or any member of a town board. The select board may direct the town manager to investigate the affairs of the town, the conduct of any town department or town employee, and any claim against the town. 3 -5 -2 Any potentially criminal matter shall be referred to the appropriate law enforcement agency . SECTION 6 Limitations and Public Ceremonies 3 -64 Unless specifically provided in State law, a member of the select board may not hold any other position in town government, whether appointed or elected, paid or unpaid, that is created by the select board or town meeting ; provided, however, that serving in an ex officio capacity shall not be considered a separate position for purposes of this paragraph. Further, service as a representative from the town to a governmental body other than the town shall not be prohibited by this provision. 3 -6-2 The select board, and individual members thereof, shall deal with employees who are under the direction and supervision of the town manager solely through the town manager, except when the select board is conducting an investigation of the town manager under section 3 -5 - 1 , in which case such employee shall contact the select board chair. Furthermore, neither the select board nor its individual members shall give direct orders to any such employee. 3 -6-3 Except as otherwise specified in this chapter, the select board shall be subject to the same rules as apply to all other town boards, including that members have no authority in their individual capacities except as delegated by majority vote of the select board. 3 -6-4 The select board shall represent the town for all ceremonial purposes . SECTION 7 Code of Conduct The select board shall adopt a policy establishing a code of conduct applicable to all appointed and elected officials, which policy shall be amended from time to time at the board' s discretion, and, further, that any additional code of conduct adopted by another board shall be no less restrictive. Any code of conduct adopted by a board shall be posted in its office and on the town website. CHAPTER 4 TOWN MANAGEMENT SECTION 1 Town manager 44 - 1 Appointments and Qualifications The select board shall by majority vote of the entire select board appoint a town manager. The method of selection shall be left to the discretion of the select board so long as the method of selection insures orderly, nonpartisan action toward securing a competent and qualified person to fill the position. The town manager shall be chosen solely upon the basis of the individual ' s administrative training, education, experience and ability and need not, when appointed, be a resident of the town of Brewster; provided however, that the town manager shall establish such residence within 12 months following the effective date of appointment and provided further that the select board may, by no less than a 2/3 vote of the entire board, extend to a time certain the time for establishing residence or waive this requirement in its entirety . Page 30 of 39 Special and Annual Town Meeting Report May 15th, 2021 44 -2 Compensation The town manager shall receive compensation as may be fixed by the select board within the amount appropriated by town meeting and according to the town manager' s expertise, education and training . Any contract between the select board and town manager shall be made consistent with the provisions of G.L . c .41 , § 108N. 4- 1 -3 Term and Removal The town manager may be appointed for a definite term, but may be removed at the discretion of the select board by vote of the majority of the entire select board. The action of the select board in suspending or removing the town manager shall be final. It is the intention of this charter to invest all authority and fix all responsibilities of such suspension or removal in the select board. 444 Powers and Duties The town manager shall be responsible to the select board for the proper administration of all the affairs of the town consistent with the general laws and this charter, and shall : A) appoint for a term of years or, at the town manager' s discretion, for an unlimited period, all town employees, including civil service positions, not otherwise addressed herein, but excluding employees of the Brewster school department, provided, however, that the town manager shall : IV Act upon recommendations from the police chief and the fire chief respectively, for appointment of employees of the police and fire departments ; ii. Consult with appropriate department head or multiple-member body for appointment of employees of other departments or multiple-member bodies . B) supervise, discipline, suspend or remove all appointed department heads and employees and organize and structure all town departments accordingly, except as otherwise provided in section 4-3 ; C) administer and enforce the general laws or special acts of the commonwealth or town by-laws and all regulations established by the select board; D) coordinate activities of all town departments ; E) attend all sessions of the town meeting and answer all questions addressed to the town manager which are related to the warrant articles and to matters under the general supervision of the town manager; F) keep the select board fully informed as to the needs of the town and recommend to the select board for adoption such measures requiring action by the select board or by the town as the town manager deems necessary or expedient; G) ensure that complete and full records of the financial and administrative activity of the town are maintained and render reports to the select board as may be required; I) be responsible for the rental, use, maintenance, repair and the development of a comprehensive maintenance program for all town facilities ; I) serve as the chief procurement officer for purposes of G.L . c . 30B and be responsible for the purchase of all supplies , materials, and equipment, approve the award and execute all such contracts ; provided, however that any contract over $ 1 , 000 , 000 , or such higher amount as shall be approved by the select board from time to time, shall require approval by the select board; J) develop and maintain a formal and complete inventory of all town-owned real and personal property and equipment; K) propose personnel policies for approval by the select board under section 3 -2- 10 and administer all personnel policies, practices, rules and regulations, any compensation plan and any related Page 31 of 39 Special and Annual Town Meeting Report May 15th , 2021 matters for all municipal employees and administer all collective bargaining agreements entered into by the town; L) fix the compensation of all town employees and officers appointed by the town manager; within the limits established by appropriation and any applicable compensation plan and collective bargaining agreements , M) be responsible for the negotiation of all contracts with town employees regarding wages and other terms and conditions of employment, except employees of the Brewster school department. The town manager may, subject to the approval of the select board, employ special counsel to assist in the performance of these duties . Collective bargaining agreements shall be subject to the approval of the select board in accord with the provisions of G. L . c . 150E; N) be responsible for the preparation and development of the financial forecast, annual operating and capital budgets and 5 -year capital improvement plan, consistent with policy guidance provided by the select board, and prepare and submit to the select board and finance committee such budget and plan, and be responsible for the administration of such budget and plan after their adoption; O) keep the select board and the finance committee fully informed as to the financial condition of the town and make recommendations to the select board; P) investigate or inquire into the affairs of any town department or office; Q) have full authority to act on behalf of the town during emergencies, including direction of town personnel, declaring states of emergency, opening the emergency operations center and shelters and the emergency expenditure of funds, and to delegate any and all such responsibility by appointing an emergency management director who is a town employee duly trained in public safety, and a deputy emergency management director to assist the emergency management director and to assume the duties of the emergency management director in their absence; R) delegate, authorize or direct any subordinate or employee in the town, including an assistant town manager if any, and subject to funding therefor, to exercise any power, duty, or responsibility that the office of town manager may exercise, provided, that all acts performed under such delegation shall be deemed the acts of the town manager; and S) perform such other duties as necessary or as may be assigned by this charter, town by-law, town meeting vote, or vote of the select board. 44 -5 Acting Town manager The town manager shall appoint as acting town manager a town employee who shall perform the duties of the town manager in the town manager' s absence ; provided, however, that if there is an assistant town manager serving at the time of any such absence, such person may function as the acting town manager. In the event of long-term disability or absence exceeding 14 days, or the resignation, termination or vacancy in the office of town manager, the select board shall forthwith, and no later than 14 days thereafter, appoint an acting town manager for the duration of any such disability or until appointment of a permanent town manager. No member of the select board shall serve as acting town manager. SECTION 2 Town Counsel 4-2- 1 The select board shall appoint a competent and duly qualified and licensed attorney practicing in the commonwealth to be the counsel for the town. Town counsel shall receive such compensation for services as may be fixed by the select board and shall hold office at the pleasure of the select board. The town counsel shall be the legal adviser of all of the offices and departments of the town and shall represent the town in all litigation and legal proceedings ; provided however, that the select board may retain special counsel at any time the select board deems appropriate and necessary . The town counsel shall review and concur or dissent upon all documents, contracts and legal instruments in which the town may have an interest. The town counsel shall perform other duties prescribed by this charter, town by-law or as directed by the select board. No employee, committee or board, elected or appointed, other than the select board, shall contact or otherwise interact with the town or labor counsel in a manner inconsistent with the policy relative to access Page 32 of 39 Special and Annual Town Meeting Report May 15th, 2021 to counsel established by the select board. This provision shall not limit the school committee from retaining its own legal counsel . Section 3 Other Departments 4-34 Fire Department. Except as otherwise provided in this charter, there shall be a fire department consistent with the provisions of G.L . c .48 , § §42, 43 , and 44 . The fire chief shall have responsibility for the day-to-day supervision of firefighters and the fire department. The fire chief shall have additional authority to place a firefighter on administrative leave with pay, or discipline or suspend a firefighter, for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such suspension. When the town manager intends to take action under section 4- 1 (B) with respect to subordinate members of the fire department, the town manager first shall consult with the fire chief. 4-3 -2 Police Department. Except as otherwise provided in this charter, there shall be a police department consistent with the provisions of G.L . c .41 , § 97A. The police chief shall have responsibility for the day-to-day supervision of subordinate police officers and the police department. The police chief shall have additional authority to place a police officer on administrative leave with pay, or discipline or suspend a police officer for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such suspension. When the town manager intends to takes action under section 4- 1 (B) with respect to subordinate members of the police department, the town manager first shall consult with the police chief. 4-3 -3 Water Department. A. Department. There shall be a water department under the supervision of a water superintendent. The department shall have all of the powers, rights and duties to be exercised by a water commission under the general and special laws, except as otherwise provided herein. The water superintendent shall be responsible for the efficient exercise, performance and coordination of the department. Any exercise by the department of the authority of water commissioners with respect to acquisition or disposition of land must first be approved by the select board. The superintendent shall report to the town manager as to the doings of the office at such times as the town manager may require. B . Superintendent. The water superintendent shall supervise and direct the operations and employees of the department in accordance with the town' s personnel by-law and any applicable collective bargaining agreements . The water superintendent shall be especially qualified by education, training and experience to perform the duties of the office and shall have such other qualifications as may be required from time to time . While employed by the town, the water superintendent shall not engage in a business or occupation falling within the jurisdiction of the water department, unless approved in advance by the town manager with the concurrence of the select board. Unless specifically provided in State law, the water superintendent may not hold any other position in town government, whether appointed or elected, paid or unpaid, that is created by the select board or town meeting; provided, however, that serving in an ex officio capacity shall not be considered a separate position for purposes of this paragraph. Further, service as a representative from the town to a governmental body other than the town shall not be prohibited by this provision. The water superintendent need not be a resident of the town during their tenure. C . Water Commission. There shall be a water commission of 3 members appointed by the select board for alternating, overlapping 3 year terms . Said commission shall be responsible for setting water rates, making budget recommendations, and providing advice and support to the superintendent with respect to other policy matters on which it is consulted and which fall with the jurisdiction of the water department. The Water Commission shall recommend priorities and policies to govern the provision of water in the town, and, with the concurrence of the water superintendent, shall be authorized to adopt policies and regulations to carry out the same . Page 33 of 39 Special and Annual Town Meeting Report May 15th , 2021 CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES SECTION 1 Appointed Boards and Committees 544 General Authority A) In addition to any boards and committees specified in this charter, boards and committees may be created by adoption of by-laws, votes of town meeting, or votes of the select board. A list of any such boards i and committees, specifying the number of members, terms of office, if any, and listing their respective charges, shall be maintained in the office of the town clerk and, within 10 business days of their creation, posted on the town website. B ) Notwithstanding any other provision of this charter or general laws to the contrary, any person appointed to a multiple member body may be removed by their respective appointing authority following written notice and the opportunity for a public hearing ; provided, however, that failure to reappoint following the expiration of an appointed term shall not constitute removal. SECTION 2 Moderator Appointments 5 .2. 1 Power to appoint The moderator shall have the power to appoint members of those boards and commissions authorized under this chapter, by-law, vote of town meeting, or regional school district agreement. Appointments made by the moderator shall in each instance be for a fixed term and sihch appointments shall not be subject to review or confirmation by any other person or group . 5 .2.2 Finance Committee A) Establishment; membership . There shall be a finance committee appointed by the town moderator consisting of 9 residents of the town who shall serve without pay and who shall hold no other town office or employment, each of whom shall serve a 3 year term beginning on July 1 and terminating on June 30 of the third year following appointment. Vacancies on the committee shall be filled by the moderator for the remainder of the original term. A member of the finance committee may ;not hold any other position in town government, whether appointed or elected, paid or unpaid, that is created by the select board or town meeting ; provided, however, that serving in an ex officio capacity shall not be considered a separate position for purposes of this paragraph. B) Duties . The finance committee shall consider all the articles in any town meeting warrant, and report to town meeting its recommendations by posting the same on the town website, and in any other manner it deems appropriate . Following the drawing up of the warrant for a town meeting, the select board shall forthwith forward the same to the members of the finance committee. The finance committee shall annually prepare for the annual town meeting a comprehensive summary of the current condition of the town' s finances . C) Investigative Authority . To carry out these duties, the finance committee shall have authority to investigate the books and/or accounts of any department of the town. The finance committee, and individual members thereof, shall deal with employees who are under the direction and supervision of the town manager solely through the town manager. Furthermore, neither the finance committee nor its individual members shall give direct orders to any such employee. SECTION 3 Alternate Members of Certain Multiple-Member bodies 5 -34 Alternate Members of Certain Elected Boards The select board, following consultation with a board elected under section 2- 11 - 1 (C) , (E) , (F), (G) or (H), may appoint not more than 2 alternate members to serve for terms of 1 or 2 years . The chair of each board to which alternate members have been appointed may designate an alternate member to sit on the board in the case of absence, inability to act or conflict of interest, on the part of any member of the board, or in the event of a vacancy . Any vacancies arising in said alternate Page 34 of 39 Special and Annual Town Meeting Report May 15th, 2021 position shall be filled in the same manner as the original appointment for the remainder of the unexpired term. 5 -3 -2 Alternate Members of Appointed Boards The appointing authority may appoint not more than 2 alternate members to boards addressed by sections 5 . 1 . 1 (A) and 5 -2- 1 for terms of 1 or 2 years . The chair of each board to which alternate members have been appointed may designate an alternate member to sit on the board in the case of absence, inability to act or conflict of interest on the part of any member of the board, or in the event of a vacancy. Any vacancies arising in said position shall be filled in the same manner as the original appointment for the remainder of the unexpired term. SECTION 4 General Provisions Applicable to Multiple Member Bodies 544 Charge Except as otherwise provided in this charter, each multiple member body set forth or authorized in Sections 5 . 1 - 1 (A) and 5 -2- 1 shall be organized and charged with, as applicable, the powers and duties specified in the general laws and special acts of the commonwealth, town by-laws, town meeting vote, vote of the select board, or otherwise as provided herein. 54-2 Organization and Report Each multiple member body shall elect a chair, vice chair and clerk, and shall cause the select board and the town clerk to be notified of its selection. Such organization shall be taken up at the first meeting after the election for all elected boards, at the first meeting after annual appointments are made, or the first meeting of a new board or committee . All boards and committees created under chapter 5 of this charter, or pursuant to a by-law, shall make a written annual report of their activities to the select board in accordance with section 3 -3 - L 54-3 Resignation A resignation of any elected town officer under section 2- 11 - 1 , or any appointed multiple member body created by this charter or by by-law under section 544 (A) or 5 -24 , shall be deemed effective when such resignation is filed with the town clerk or at such later time certain as may be specified in such filed resignation. 544 Excessive Absences ; Loss of Appointed Office For the purpose of this charter, 3 consecutive absences from meetings of a multiple member body shall be considered a reason for removal . Under such circumstances, the chair of the multiple member body may notify the appointing authority, which may, in accord with section 544 (8) remove the appointee and notify the town clerk in writing that the position has been vacated. SECTION 5 Cape Cod Regional Technical High School District School Committee and Other Regional Entities 5 -54 Members of the Cape Cod regional technical high school district school committee shall be appointed or elected in accord with the regional school district agreement as it may be amended from time to time. 5 -5 -2 Election or appointment to other regional entities as may be formed from time to time shall be in accord with an applicable intermunicipal agreement for such purposes . Page 35 of 39 Special and Annual Town Meeting Report May 15th , 2021 CHAPTER 6 FINANCIAL PROVISIONS SECTION 1 Budget Schedule 6- 1 - 1 Annually, before December 1 , the town manager shall establish and issue a budget schedule that shall set forth the calendar dates for developing the annual budget for the next fiscal year. 6- 1 -2 On or before December 15 , the town manager shall present a financial forecast to the select board. Thereafter, the select board shall set guidelines for the preparation of the annual budget. 6- 1 -3 On or before February 15 , the town manager shall submit to the select board a proposed line item budget and accompanying message. SECTION 2 Proposed Budget 6-24 The budget shall provide a complete financial plan of all town funds and activities, including details on debt and debt service, anticipated income, and proposed expenditures . 6-2-2 The budget message shall begin with a clear general summary of its content and explain in both fiscal terms and program objectives, proposed expenditures for each department, and the projected tax rate. SECTION 3 Budget Adoption 6-34 Town meeting shall adopt the annual operating budget, with or without amendments, before the beginning of the fiscal year, except in the event that the governor has declared a state of emergency to protect the public health or safety and the town meeting cannot complete its business as a result thereof. SECTION 4 Capital Planning 644 Capital Improvement Plan The town manager shall prepare a 5 -year capital improvement plan, identifying proposed capital outlays or acquisitions in excess of $ 10 ,000, or such other sum as shall be determined by the select board from time to time, for any 1 project, whether it be spent in 1 year or over several years . The town manager, in the town manager' s sole discretion, may appoint a committee to assist the town manager with preparation of the plan. 6-4-2 Contents of plan. (A) The plan shall include all town activities and departments . Proposed capital expenditures for regional entities shall be consistent with the regional or intermunicipal agreement establishing such entities . (B) The plan shall include a list, by department, of all proposed capital improvements to be undertaken during the next 5 fiscal years and shall include cost estimates , methods of financing and time schedules . This information shall be revised and extended on an annual basis . 64-3 Submission to Select Board. (A) The capital improvement plan shall be submitted to the select board by February 1 of each year. (B) The select board shall, after providing 7 days ' notice in the manner required by the Open Meeting Law, G.L . c . 30A, § 20 and its implementing regulations, hold a public hearing on said plan. The select board shall make the plan available for public inspection. Page 36 of 39 Special and Annual Town Meeting Report May 15th, 2021 644 Submission to Town Meeting. The select board shall prepare and submit to every annual town meeting a summary of the capital expenditure plan, identifying all proposed capital expenditures for the next 5 years estimated to cost $ 100, 000 or more, or such other amount as the select board shall decide from time to time, and including the year in which it is anticipated to be expended, the amount and its anticipated source of funding . - SECTION 5 Annual Audit 6-54 At the close of each fiscal year, and at such times as it may be deemed necessary, an independent audit shall be undertaken of all accounts of the town by a certified public accountant. The audit committee created by by-law, if any, or in the absence thereof, the select board, shall solicit a firm or firms for such purposes . The certified public accountant so selected shall have no personal interest, directly or indirectly, in the financial affairs of the town or any of its offices . Upon completion of the audit, the results shall be reviewed by the audit committee, if any, and by the select board and the finance committee. The results, in a summary form, shall be placed on file in the town clerk' s office and on the town website as a public record and be available in the Brewster public library for public information. CHAPTER 7 BY-LAWS AND CHARTER — ADOPTION, AMENDMENT AND PERIODIC REVIEW SECTION 1 By-laws 744 Town Meeting approval . Town by-laws may be proposed by warrant article consistent with the general laws and this charter. 74 -2 Quantum of vote. Adoption and amendment of general and zoning by-laws shall be approved in accord with applicable general laws . 7- 1 -3 Periodic Review. The select board shall ensure that the town by-laws are reviewed and prepared for any necessary revision at least every 10 years . 7- 14 Codification and Publication. The town clerk shall codify and republish the town by-laws from time to time as may be reasonable and such by-laws shall also be posted on the Town website . 74 -5 Continuation of Laws . All special acts, town by-laws, town meeting resolutions, rules and regulations of the town in force at the time this charter takes effect, not inconsistent with this charter, shall continue in force . SECTION 2 Charter 7-24 Major Amendments . Amendments to this charter relating in any way to the composition, mode of election or appointment or terms of office of the legislative body, select board or the town manager may be proposed by a charter commission elected under the general laws or pursuant to special legislation as otherwise authorized by the Massachusetts constitution. 7-2-2 Minor Amendments . Amendments to the charter relating to other matters may be proposed by a 2/3 vote at a duly called town meeting under the general laws, and then approval at the polls by the voters of the town, or proposed pursuant to special legislation as otherwise authorized by ., the Massachusetts constitution. 7-2-3 Periodic Review. The select board shall appoint a committee of no fewer than 5 nor more than 9 members to review the charter not less than once every 10 years, such that review of the charter begins 5 years after the by-law review provided for under section 7- 1 -3 to review the town charter and provide recommendations, if any, to a subsequent town meeting with respect to such review. * * * end of SPECL4L ,4CT SECTION ] CHARTER Chapters 1 - 7 * * * Page 37 of 39 Special and Annual Town Meeting Report May 15th, 2021 SPECIAL ACT SECTION 2. CONTINUATION OF EXISTING LAWS All by-laws, resolutions, rules, regulations and votes of the town meeting in force at the time the charter established by section 1 of this act takes effect, not inconsistent with the provisions of the charter, shall continue in full force until amended or repealed. Where provisions of the charter established by section I of this act conflict with provisions of town by-laws, rules, regulations, orders or special acts or acceptances of laws, the charter provisions shall govern. All provisions of town by-laws, rules, regulations, orders and special acts not superseded by the charter established under section 1 of this act shall remain in force. SPECIAL ACT SECTION 3. CONTINUATION OF GOVERNMENT. Upon the effective date of section I of this act, all town offices, boards, commissions or agencies shall continue to perform their duties until reappointed or re-elected, or until successors to their respective positions are fully appointed or elected or until their duties have been transferred and assumed by another town office, board, commission or agency. SPECIAL ACT SECTION 4. CONTINUATION OF PERSONNEL. Upon the effective date of section I of this act, a person holding a town office or a position in the administrative service of the town or a person holding permanent employment under the town shall retain that person 's office, position or position of employment and shall continue to perform the duties of that person 's office, position or position of employment until provision shall have been made for the performance of those duties by another person or agency; provided, however, that a person in the permanent service of the town shall not forfeit their pay grade or time in the service of the town as a result of the adoption of this charter; provided further, that this section shall not provide a person holding an administrative office or position or a person serving in the employment of the town on the effective date of this charter with any greater rights or privileges with regard to that person 's continued service or employment with the town than that person had before the effective date of this charter. Nothing in this paragraph shall impair the rights of any person under an individual employment contract or collective bargaining agreement. SPECIAL ACT SECTION 5. TRANSFER OF RECORDS AND PROPERTY. All records, property and equipment whatsoever of a town office, board, commission, committee or agency or part thereof, the powers and duties of which, upon the effective date of section 1 of this act, are assigned in whole or in part to another town office, board, commission or agency, shall be transferred forthwith to the office, board, commission or agency. SPECIAL ACT SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. All official bonds, recognizances, obligations, contracts and other instruments entered into or executed by or to the town before the effective date of section I of this act, and all taxes, assessments, fines, penalties, forfeitures, incurred or imposed, due or owing to the town, shall be enforced and collected and all writs, prosecutions, actions and cause of action, except as herein otherwise provided, shall continue without abatement and remain unaffected by the charter and no legal act done by or in favor of the town shall be rendered invalid by reason of the adoption of this act. SPECIAL ACT SECTION 7. TRANSITION TO THE CHARTER. To provide for the transition to reduce from 5 years to 4 years the terms of all planning board members, at the next regular election following at least 64 days after the effective date of this act, 1 planning board member shall be elected for a 1 year term, I planning board member shall be elected for a 2 year term, and the expiring term shall be placed on the ballot for a 4 year term. The expiring term will appear on the ballot with instructions to vote for 1 ; if the incumbent is running for the office, they shall have the words "candidate for re-election " next to their name. The 2 year term and the 1 - year term will appear together on the ballot with instructions to voters to vote for 2, with the longer term going to the candidate with the most votes. In addition, following the effective date of this act, the term of the planning board member most recently elected shall be reduced from 5 years to 4 years. Thereafter, all planning board members shall be elected to alternating 4 year terms, with no more than 2 terms expiring each year. SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its passage. Page 38 of 39 Special and Annual Town Meeting Report May 15th, 2021 A True Copy Attest: Colette M . Williams , MMC / CMMC Town Clerk Brewster, MA Page 39 of 39