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HomeMy Public PortalAbout1987-10-19-Special Town Meeting STM — 10/ 19/87 Report of the SPECIAL TOWN MEETING October 19 , 1987 In accordance with the warrant the Special Town Meeting was held in the Brewster Elementary School Cafetorium Monday , October 19 , 1987 . This Meeting was called to order at 7 : 04 P . M . by the Moderator , Stephen L . Doyle . The tellers were Dorothy Grenier , Edwin Blease , June Gallant , and Doris Powell . Checkers were Dorothea Dugan , Jean Gage , Carl Scrivener , and Margo Cathie . A quorum of 227 was present . The Warrant was read by the Town Clerk , Barbara A . Vaughn , CMC/AAC , with the exception of the Articles which were read as they were being considered . RESOLUTION WHEREAS We , the inhabitants of the Town of Brewster , in this Special Town Meeting assembled October nineteenth , one thousand nine hundred and eighty -seven , "To act and do upon the whole as the inhabitants of said Town of Brewster shall think proper ; " and WHEREAS It is appropriate for good citizens to honor their loyal and faithful public servants . Therefore , the Board of Selectmen , on behalf of all the citizens of the Town of Brewster , extend to the late Charles S . M . Cameron , a standing vote of thanks for his many years of dedicated service , first as a dis- patcher for the Police Department and then as our Town Accountant , Town Auditor, and Computer Manager . " Chick " had served ceaselessly and untiringly in his assignments for nearly fourteen years . He gave unstintingly of his time and expertise . " Chick " has been a stirring example of a father , grandfather , friend , husband , and colleague through these many years . He always conducted himself with dignity and earned the love and respect of his associates , fellow workers , his family and all who knew him . THEREFORE We extend our profound thanks and express our deepest appreciation to Barbara Cameron , the widow of Charles S . M . Cameron , for his years of dedicated service . AND BE IT FURTHER RESOLVED that this Resolution be spread upon the records of the Town as with the Boards doings thereon , and a copy given to Mrs . Barbara Cameron . Rita A . Lawler , Chairman Peter S . Farber Ruth N . Eddy Paul F . Saint Robert L . Wilkinson 78 ,m< STM — 10/19/87 ARTICLE 1 . To see if the Town will vote to adopt the following general by - aw : hapter 42 . The Board of Selectmen is authorized to accept or reject in whole or in part and on behalf of the Town - all gifts tendered to the Town ; the acceptance of gifts authorized by this by - law does not include funds from governmental sources , gifts of real estate interests , or gifts tendered to the school committee . ADOPTED UNANIMOUSLY ARTICLE 2 . To see if the Town will vote to amend the Town By - Laws by adding a new Chapter 43 entitled : " DISPOSAL OF TOWN PROPERTY " as follows : The Board of Selectmen shall have the authority to sell or otherwise dispose of surplus and obsolete tangible personal property of the Town . The Department Head responsible for the surplus property shall notify the Executive Secretary that it is considered surplus . The notification should contain a description of the property . The Executive Secretary shall notify all departments that the surplus property is available for their use and will post notification of it on the bulletin board of the Town offices . Any department desiring use of the pro- perty shall request it from the Executive Secretary who will authorize its use . In the case where more than one department requests the use of said property , the Board of Selectmen shall make the decision about the use of said property . If said property is not claimed by any department after three weeks , the Execu - tive Secretary shall notify the Board of Selectmen of its availability . The Board of Selectmen shall determine the method of disposal . ADOPTED UNANIMOUSLY ARTICLE 3 . To see if the Town will vote to accept a gift of a Motorola radio system base station and eight ( 8 ) mobile units from Manuel J . Packett , and to transfer from available funds the sum of One thousand and 00/ 100 ( $ 1 ,000 . 00 ) Dollars for installation and maintenance . ADOPTED ARTICLE 4 . To see if the Town will vote to transfer from Free Cash the sum of One thousand , three hundred ninety -two and 77/ 100 ( $ 1 ,392 . 77 ) Dollars to pay for the following unpaid bills from previous years : 1 . Mid -Cape Center $ 737 2 . Roland Bassett 150 . 00 3 . Charles E . DiPesa and Company 1 ,225 .00 4 . The Cape Codder 10 . 00 $ 1 ,392 . 77 ADOPTED UNANIMOUSLY 79 STM — 10/ 19/87 ARTICLE 5 . To see if the Town will vote to authorize the Board of Select- men to convey to the Housing Authority of the Town of Brewster for the sum of One and 00/ 100 ( $ 1 . 00 ) Dollar , for the purpose of providing a location for, low cost family rental housing , the real estate which is owned by the Town of Brewster and which is shown as Lot 2 on the Board of Assessors ' Map 53 , ADOPTED UNANIMOUSLY ARTICLE 6 . To see if the Town will vote to amend Article 117 of the May 141 1984 Annual Town Meeting , as amended by Article 61 of the August 27 , 1984 Special Town Meeting , and Section 12 - 18 of the Code of the Town of Brewster, Massachusetts so that it will read hereafter as follows : To insure water quality and control of the Towns destiny , the Board of Select— men is directed to formulate the Brewster Land Acquisition Committee . Said Committee shall consist of eight members , to be constituted as follows : one member of the Board of Selectmen ; one member of the Planning Board ; one member of the Conservation Commission ; one member of the Water Commissioners ; one member of the Recreation Commission ; one member of the Housing Authority ; The remaining two members shall be elected at Annual Town Elections to two year terms . ADOPTED UNANIMOUSLY ARTICLE 7 . To see if the Town will vote to amend Chapter 12 , Article 11 , Section 12 -7 of the Brewster Code to read "The Selectmen are authorized to appoint the Alewife Committee to consist of three ( 3 ) members and one ( 1 ) associate member . INDEFINITELY POSTPONED ARTICLE 8 . To see if the Town will vote to transfer from Free Cash Twenty - three thousand and 00/ 100 ( $23 ,000 . 00 ) Dollars and equip a boat , motor , and trailer for the police department . ADOPTED ARTICLE 9 . To see if the Town will vote to amend Article 67 of the 1986 Annual Town Meeting , to increase the local room occupancy excise tax under General Laws , Chapter 64G , Section 3A from the present two percent ( 2 % ) f3o four percent (4% ) ; this change in the excise rate shall take effect on the first day of January , 1988 . A DOPT E D 80 E Lee STM — 10/19/87 ARTICLE 10 . To see if the Town will vote to approve the Nauset Regional School District Agreement as amended . ADOPTED ARTICLE 11 . To see if the Town will vote to transfer from Free Cash , the sum of Sixty -six thousand three hundred ninety -five and 00/ 100 ( $66 ,395 . 00 ) Dol - lars to be added to the elementary school budget to fund negotiated salary increases for school personnel . ADOPTED UNANIMOUSLY ARTICLE 12 . To see if the Town will vote to transfer from Free Cash , the sum of Twelve thousand , seven hundred seventeen and 00/ 100 ( $ 12 ,717 . 00 ) Dollars to be added to the assessment by the Nauset Regional School District to fund negotiated salary increases for school personnel . ADOPTED UNANIMOUSLY ARTICLE 13 . To see if the Town will vote to accept an Equal Educational Opportunity Grant to the Nauset Regional School District for fiscal year 1988 in the amount of Eighteen thousand , six hundred twenty -eight and 00/ 100 ( $ 18 ,628 . 00 ) Dollars , under the provisions of Section 5 of Chapter 70A of the General Laws , as inserted by Section 12 of Chapter 188 of the Acts of 1985 . ADOPTED ARTICLE 14 . To see if the Town will vote to accept an Equal Educational Opportunity Grant to the Brewster Elementary School for fiscal year 1988 in the amount of Seventeen thousand , one hundred fourteen and 00/ 100 ( $ 17 , 114 . 00 ) Dollars , under the provisions of Section 5 of Chapter 70A of the General Laws , as inserted by Section 12 of Chapter 188 of the Acts of 1985 . ADOPTED UNANIMOUSLY ARTICLE 15 . To see if the Town will vote to authorize the Board of Select- men , in accordance with Massachusetts General Laws Chapter 41 , Section 108N , to enter into an employment agreement with its Executive Secretary and to re - move the position of Executive Secretary from the Personnel By- Law of the Town of Brewster by deleting from that by -law all references to the position of Executive Secretary , said contract to be effective on October 6 , 1987 . ADOPTED UNANIMOUSLY ARTICLE 16 . To see if the Town will vote to transfer from the funds gener- ated under the authority of Article 97 of the Annual Town Meeting of May 12 , 1986 ( Accountant 's Schedule 580 ) the now surplus sum of Fifteen thousand one hundred ninety -four and 50/ 100 ($ 15 , 194 .50) Dollars and to appropriate this amount for the purpose of paying the interest and principal on bonds (Account- 81 �:. -, y . � , = ,� % % 051 is > STM — 10/ 19/87 ants Schedule 341 ) issued under the authority of Article 42 of the Annual Town Meeting of May 11 , 1986 . ADOPTED UNANIMOUSLY ARTICLE 17 . To see if the Town will vote to transfer the now surplus sum of Fifty -four thousand three hundred forty and 00/ 100 ( $54 ,340 .00 ) Dollars gen - erated under the authority of Article 1 of the Special Town Meeting of March 9 , 1987 ( Accountants Schedule 536 ) and to transfer the now surplus sum of One thousand and 00/ 100 ( $ 1 ,000 . 00) Dollars generated under the Authority of Article 69 of the Annual Town Meeting of May 11 , 1987 ( Accountants Sched - ule 383 ) a total of Fifty -five thousand three hundred forty and 00/ 100 ( $55 ,340 . 00 ) Dollars and to appropriate these sums of money for the purpose ously authorized temporary loans ( Accountants of paying interest on previ Schedule 340 ) . ADOPTED UNANIMOUSLY ARTICLE 18 . To see if the Town will vote to transfer the now surplus sum of Ninety -three and 09/ 100 ( $93 . 09) Dollars generated under the authority of Article 95 of the Annual Town Meeting of May 12 , 1987 ( Accountant ' s Sched - ule 591 ) and to appropriate this sum for the purpose of paying a portion of the indebtedness ( Accountants Schedule 590 ) authorized by the Towns vote on Article 94 of the Annual Town Meeting of May 12 , 1986 . ADOPTED UNANIMOUSLY ARTICLE 19 . To see if the Town will vote to transfer from Water Betterments Reserved for Appropriations Account , the sum of Five thousand , four hundred thirty - nine and 00/ 100 ( $5 ,439 .00 ) Dollars , to pay State House note No . 472 , of which Four thousand , two hundred and 00/ 100 ( $4 ,200 .00) Dollars is to pay the principal and One thousand , two hundred thirty -nine and 00/ 100 511 ( $ 1 , 239 .00 ) Dollars is to pay interest . ADOPTED UNANIMOUSLY ARTICLE 20 . To see if the Town will vote to authorize the Board of Select- men , through Town Counsel , to settle and compromise the land damages claims of Pedro S . Dungca against the Town of Brewster and the Selectmen of the Town of Brewster in Barnstable Superior Court , Civil Action , Number 43820 , to exchange mutual releases , and to transfer from Free Cash the sum of Twenty thousand , six hundred sixteen and 37 / 100 ( $20 ,616 .37 ) Dollars for the payment and full satisfaction of those claims . ADOPTED UNANIMOUSLY ARTICLE 21 . To see if the Town will vote to authorize the Board of Select- men to authorize , in turn , the Attorney General of the Commonwealth of Massachusetts to assign all of the Town of Brewster 's rights and interests in its 82 STM — 10/ 19/87 share of the vinyl -lined pipe claim against Johns Manville Corporation in a federal bankruptcy court proceeding , to execute all forms necessary to assign the claim , and to accept in complete satisfaction of the assignment of all such claims the lump sum payment of Three hundred one thousand , one hundred forty -one and 65/ 100 ( $301 , 141 . 65 ) Dollars and to place said sums of money into the Water Receipts Reserved for Appropriation Account , and to be reserved for subsequent appropriation for corrosion control purposes . ADOPTED ARTICLE 22 . To see if the Town will vote to add the following new position in the Personnel By - Law Wage and Salary Scale , to become effective immedi - ately . Position Station Operator/Cross Connection Tester Group 9B : Steps 1 2 3 4 5 6 Salary Hourly $8 . 41 $8 . 84 $9 .28 $9 . 74 $ 10 . 23 $ 10 .74 and to transfer from Water Receipts Reserved for Appropriation the sum of Twelve thousand and 00/ 100 ( $ 12 ,000 . 00 ) Dollars to fund this position for the current fiscal year . ADOPTED -- YES 200 NO 100 ARTICLE 22 . To see if the Town will vote to change the care , custody , man - agement , control , and use of the nine parcels of land which were taken in 1984 through the Town of Brewster 's exercise of its powers of eminent domain and which were dedicated by the Towns vote on Article 7 of the May 14 , 1984 Spe- cial Town Meeting to the promotion and development of natural resources and the protection of watershed resources by transferring the care , custody , man - agement , and control from the Conservation Commission to the Water Commis- sioners , by rededicating the property so that it may be used for public water supply , may be used as a site for Town water wells , may be used for purposes incidental to its use for public water supply , and may be used for passive recrea - tion , and by stipulating that , if the property shall ever cease to be used for Town wells and for public water supply , the property shall again be used for the pro - motion and development of natural resources and the protection of watershed resources . ADOPTED UNANIMOUSLY ARTICLE 24 . Tossee if the Town will vote to authorize the Water Commis - sioners to install two thousand seven hundred ( 2 , 700 ) feet of eight ( 8 " ) inch water main along Leland Road ; six hundred ( 600 ) feet of eight ( 8 " ) inch water main along Crane Lane , and four hundred ( 400 ) feet of eight ( 8 " ) inch water 83 STM — 10/ 19/87 main along Ranney Lane ; to authorize the Treasurer to borrow the sum of Ninety -five thousand and 00/ 100 ( $95 ,000 .00 ) Dollars ; to appropriate this money to pay for the costs of installing and initially financing the aforemen- tioned water mains ; and to assess to the owners of the land receiving benefit from the laying of such pipes a betterment assessment to secure the repayment to the Town of all of its expenses , including its financing andsnterest payments, for the cost of installing these water mains . ADOPTED UNANIMOUSLY ARTICLE 25 . To see if the Town will vote to authorize the Water Commis- sioners to solicit bids for the design of a lime feed system for three ( 3 ) pumping stations , to authorize the Water Commissioners to enter a contract for plans , specifications , and design of this lime feed system , to transfer the sum of Thirty five thousand and 00/ 100 ($35 ,000 .00 ) Dollars from the Water Receipts Re - served for Appropriation Account , and to appropriate this sum of money for the purpose of paying for the solicitation of bids , for the plans , specifications , and design of the lime feed system and for incidental expenses associated there- with . ADOPTED ARTICLE 26 . To see if the Town will vote to authorize the Water Commis- sioners to purchase and equip one 3/4 ton pickup truck for use by the Water Department , to transfer the sum of Sixteen thousand and 00/ 100 ( $ 16 ,000 .00 ) ZK Dollars from the Water Receipts Reserved for Appropriation Account , and to appropriate this money for the purpose of paying for the purchase and equip ping of the 3 /4 ton pickup truck . ADOPTED lip ARTICLE 27 . To see if the Town will vote to authorize the Treasurer to bor row the sum of Five thousand and 00/ 100 ( $5 ,000 .00 ) Dollars , to complete the 12 water betterment on Maple Lane , in the Town of Brewster . Property owners to repay the Town with interest in full compliance with the Water Betterment Assessment Program . ADOPTED ARTICLE 28 . To see if the Town will vote to name as " Spruce Hill " the real estate which was acquired by the Town of Brewster through an Order of Taking dated October 23 , 1985 , and recorded at the Barnstable County Registry of Deeds on November 1 , 1985 , which was owned formerly by Hilda F . Castiglioni , which consists of approximately 24 . 53 acres , and which reaches from Route 6A to Cape Cod Bay in the northeastern section of the Town of Brewster . ADOPTED 84 STM — 10/ 19/87 ARTICLE 29 . To see if the Town will vote to amend the Brewster Wetlands Protection By - Law by deleting therefrom Sections 1 , 2 , and 6 and inserting the following : SECTION 1 : PURPOSE The purpose of this By - Law is to protect the wetlands , related water resources, and adjoining land areas in the Town by prior review and control of activities deeded by the Conservation Commission to have , or likely to have , an effect or cumulative effect upon wetland values including but not limited to the follow- ing : Public water supply , private water supply , ground water and ground water quality , water quality in the numerous ponds of the Town , flood control , erosion and sedimentation control , storm damage prevention , prevention of water pollution , fisheries , shellfish , wildlife and wildlife habitat , aesthetics , and historic values ( collectively , the " interests protected by this By - Law " ) . This By - Law is further intended to provide a means for review and correction of activities performed by any person in violation of any provision contained herein . SECTION 2 : JURISDICTION Except as permitted by the Conservation Commission or as provided in this By - Law , no person shall remove , fill , dredge, alter , or build upon or within any of the following resource areas : On or within one hundred feet ( 100 ' ) of any bank , beach , dune , or flat ; on or within one hundred feet ( 100 ) of any fresh water wetland , coastal wetland , marsh , meadow , bog or swamp ; upon or within one hundred feet ( 100 ' ) of any lake , pond , river , stream , estuary , or the ocean ; upon any land under said waters ; upon or within one hundred feet ( 100 ) of any land subject to flooding or inundation by ground water or surface water ; or upon any land subject to flooding or inundation by tidal action or coastal storm flowage . Any activity proposed or undertaken outside any area specified above shall be subject to regulation under this By - Law if, in the judgment of the Con - servation Commission or its agent , said activity may result or has resulted in the removing , filling , altering , or building upon any area specified above . SECTION 6 : COORDINATION WITH OTHER BOARDS Any person filing a permit application or a request for determination with the Commission shall , if requested in writing by the Conservation Commission or its agent , provide a copy thereof at the same time , by Certified Mail or Hand Delivery ; to the Board of Selectmen , Planning Board , Board of Appeals , Board of Health , and Building Inspector, who shall , if requested by the Conservation Commission in writing , or by ten ( 10 ) registered voters of the Town , file written comments and recommendation with the. Commission . The Commission shall not take final action until such Boards and Officials have had fourteen ( 14 ) days from the receipt of notice to file said written comments and recommendations with the Commission , which the Commission shall take into account but which shall not be binding on the Commission . 85 STM — 10/ 19/87 ADOPTED ARTICLE 30 . To see if the Town will vote to transfer from Free Cash , the sum of Twenty four thousand , two hundred twenty -eight and 00/ 100 ( $241228 . 00) Dollars for the purpose of Chapter 90 Reimbursable Road Projects in conjunc- tion with Agreement No . 33180 with the Commonwealth of Massachusetts Department of Public Works . Said funds to be used in conjunction with the installation of drainage and the paving of a portion of Stony Brook Road . ADOPTED UNANIMOUSLY able fun ARTICLE To s own will vote to tansfer and 00/ 100 ( $42,000 00)rom Dollars , for dre � the sum off F Forty two thousand moval of asbestos and related costs from the Community Center , ADOPTED UNANIMOUSLY . e Town will vote to appropria ARTICLE 32te the sum of Six To se if the hundred five thousand and 00/ 100 1 $605 ,000 . 00 ) Dollars for the purpose of completing the design , constructing , originally equipping , and furnishing anie ewster Elementary School and for the remodeling , g addition or additions to the Br reconstructing , or making extraordinary repairs to the existing facility , costs incidental and related to the carrying out of the project ; to expend this sum in combination with the Two million eight hundred fifteen thousand and 00/ 100 ( $2 ,815 ,000 .00 ) Dollars previously appropriated for the same purpose by the Town at its September 22 , 1986 Special Town Meeting ; that to raise eel such appropriation , the Treasurer , with the approval of the Selectmen , is hereby authorized to borrow such sum under and pursuant to Chapter 44 , Section 71eAt r of the General Laws or Chapter 645 of the Acts of 1948 , as amended , or any other enabling authority , and to issue bonds or notes of the Town therefor ; and usand and that the sumo Free Cashfundstop 00inOoes$ o0nObonds 0 )orDnotes ,ars 'includ hereby trans from temporary notes , issued hereunder . ADOPTED UNANIMOUSLY ARTICLE 33 . To see if the Town will vote to appropriate the sum of Six hundred twenty -six thousand and 00/ 100 ( $626 ,000 . 00 ) to complete the con - struction and original equipping of a refuse transfer station , including costs incidental and related to the carrying out of the project , and that to raise such appropriation , the sum of Three hundred thousand and 00/ 100 ( $300 ,000 .00) Dollars shall be transferred from Free Cash and the Treasurer , with the approval of the Selectmen , is hereby authorized to borrow the sum of Three hundred ten thousand and 00/ 100 ( $310 ,000 . 00 ) Dollars under and pursuant to Chapter d4 0 Section 7 (4 ) , of the General Laws , or any other enabling authority , issue bonds or notes of the Town therefor ; and that the sum of Sixteen thou sand and 00/ 100 ( $ 16 ,000 .00 ) Dollars is hereby transferred from Free Cash for issuing , and marketing the Bonds and notes and for the purpose of preparing , the purpose of paying interest on notes ied in anticipation thereof . ssu 86 STM — 10/19/87 ADOPTED UNANIMOUSLY ARTICLE 34 . To see if the Town will vote to appropriate a sum of money for the purpose of completing the design , constructing , originally equipping , and furnishing of a Department of Public Works Garage and Office Facility , includ - ing costs incidental and related to the carrying out of the project ; and to see whether such sum shall be raised by borrowing , by transfer from available funds or otherwise , or to take any other action relative thereto . INDEFINITELY POSTPONED ARTICLE 35 . To see if the Town will vote to transfer from available funds a sum of money to add to the Stabilization Fund or to take any other action relative thereto . INDEFINITELY POSTPONED ARTICLE 36 . To see if the Town will vote to transfer from available funds a sum of money to add to the Pension Fund , or to take any other action relative thereto . INDEFINITELY POSTPONED The Meeting was adjourned at 10 : 04 P . M . A True Copy ATTEST : Barbara A . Vaughn , CMC TOWN CLERK 87 �w ti