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
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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
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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
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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-
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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
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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
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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
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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 .
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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 ( $2 ,815 ,000 .00 ) Dollars previously appropriated for the same purpose
by the Town at its September 22 , 1986 Special Town Meeting ; that to raise
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such appropriation , the Treasurer , with the approval of the Selectmen , is hereby
authorized to borrow such sum under and pursuant to Chapter 44 , Section 71eAt
r
of the General Laws or Chapter 645 of the Acts of 1948 , as amended , or any
other enabling authority , and to issue bonds or notes of the Town therefor ; and
usand and that the sumo Free Cashfundstop 00inOoes$ 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
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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
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