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Home My Public Portal About2022-11-14 Approved Posted BylawsTown of Brewster 2198 Main Street Bylaw Amendments NOTICE Massachusetts General Laws, Chapter 40, Section 32 as amended requires that the foregoing posting include the following information: The amendments to the General Bylaws adopted under Article 5 and 13, at the Special Town Meeting held, November 14th, 2022 have been approved as follows by the Attorney General: TOWN CODE AMENDMENT TO COMMUNITY PRESERVATION ACT BYLAW ARTICLE NO. 5: To see if the Town will vote to amend the General Bylaws, Section 17, as shown below, with additions shown in bold and deletions shown in strikethrough, with such revision to take effect on July 1, 2023: Section 17-1. Membership of the Committee – There is hereby established a Community Preservation Committee, consisting of nine (9) voting members. pursuant to the provisions of Section 298 of Chapter 149 of the Acts of 2004, as amended by Sections 129-133 of Chapter 352 of the Acts of 2004. The composition of the Committee, the appointing authority and the term of office for the committee members shall be as follows; one member of the Conservation Commission, as designated by said Commission; one member of the Historical Commission, as designated by said Commission; one member of the Planning Board, designated by the said Board; one member of the Recreation Commission, as designated by the Commission; one member of the Brewster Housing Authority, as designated by said Authority; and four individuals to be appointed by the Select Board of Selectmen. Each member of the Committee shall serve a term of three years or until the person no longer serves in the position or on the board or on the committee as set forth above, whichever is earlier. Should any of the officers and commissions, boards or committees who have appointing authority under this bylaw be no longer in existence for whatever reason, the Select Board of Selectmen shall appoint a suitable person to serve in their place. Any member of the committee may be removed by the Selectmen, with prior notice to the member and a hearing, for good cause. Section 17-2. Duties – The Community Preservation Committee shall study the needs, possibilities and resources of the town regarding community preservation. A. Annually, the Committee shall consult with existing municipal boards, including the Conservation Commission, the Recreation Commission, the Historical Commission, the Planning Board, the Department of Public Works, and the Housing Authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the committee shall hold one or more public informational hearings, at its discretion, on the needs, possibilities, and resources of the town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the town. B. Every five years ending in 2 and 7: (1) The Committee shall conduct a public process to develop a Community Preservation Plan (“CPP”) establishing goals for expenditures in each of the eligible categories. The CPP shall include a Target Allocation Policy (“TAP”) Posted 02/10/2023 –Please do not remove until February 25th, 2023 Posted 02/10/2023 at: Town Offices Police Station Captains Golf Course Council on Aging Ladies Library setting forth non-binding guidelines for the next five years for the allocation of CPA funds amongst eligible expenditure categories, expressed as percentages of estimated annual revenues. (2) Following adoption of the CPP under Section B(1), the non-binding TAP contained therein shall be presented to Town Meeting as a proposed amendment to Section 17-4(B) of this bylaw. Section 17-3. The Community Preservation Committee shall make recommendations no less than annually to the Town Meeting for the acquisition, creation and preservation of open space, for the acquisition and preservation of historic resources, for the acquisition, creation and preservation of land for recreational use, for the creation, preservation and support of community housing and for rehabilitation or restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided in this section. Section 17-4. A. Annual Minimum Recommendations. As required by MGL Ch. 44B Sec. 6, in every fiscal year, the Community Preservation Committee shall recommend that Town Meeting spend, or set aside for future spending, the fixed figure of fifty (50%) ten (10%) percent of the net CPA estimated annual revenues in the Community Preservation Fund for open space and recreation purposes, not less than ten (10%) percent of the net CPA estimated annual revenues for community housing purposes, and not less than ten (10%) percent of the net CPA estimated annual revenues for historic resources purposes. In every fiscal year, the Community Preservation Committee shall recommend that Town Meeting spend or set aside for future spending the remaining thirty (30%) percent of the net annual revenues for community housing, recreation and historic resources purposes, but not for open space purposes. B. For the fiscal years FY24 through FY27, and until otherwise voted by Town Meeting, the non-binding TAP shall be as follows: 30% open space; 30% community housing; 10% recreation; 10% historic preservation, and 20% to be allocated as recommended by the CPC. Actual CPC recommendations may vary from the non-binding percentages set forth in the TAP. Notwithstanding the foregoing, the net annual revenues paid into the Community Preservation Fund shall be dedicated to open space purposes until such time as prior appropriations made pursuant to the so-called Land Bank Act have been fully expended, even if the aggregate amount of such expenditures exceeds 80% of the annual revenues. Section 17-5. Provided that the Community Preservation Act is accepted at the 2005 Annual Town Election, this section shall take effect upon approval by the Attorney General of the Commonwealth of Massachusetts and after all the requirements of Mass. Gen. Laws, ch. 40, § 32 have been met. Each appointing authority shall have thirty (30) days after the effective date to make its appointments. Or to take any other action relative thereto. (Select Board) (Majority Vote Required) Motion made by Select Board Member Mary Chaffee: I move to approve Article Number 5 as printed in the warrant, but changing the word “Selectmen” to “Select Board” in the last line of Section 17-1, with such revisions, if approved, to take effect on July 1, 2023. ACTION: Adopted. Voter Cards. CREATION OF NEW REVOLVING FUND: BAY PROPERTY POOL ARTICLE NO. 13: To see if the Town will vote to amend the General Bylaws, Section 21-8, to create a new revolving fund, consistent with MGL Ch. 44 Sec 53E½, for the purposes of managing a recreational pool located at 3057 Main Street, in a manner as follows: Revolving Fund Authority to Spend Use of Fund Fiscal Year Spending Limit Bay Property Pool Department Head - Recreation Expenses shall be related to salaries and operations of the Bay Property Pool and not for any other purposes $200,000 Or to take any other action relative thereto. (Select Board) (Majority Vote Required) Motion made by Select Board Member Mary Chaffee: I move to approve Article Number 13 as printed in the warrant, with the following language to be added below the chart: “With such spending limits to be applicable for each fiscal year until such time as Town Meeting votes, prior to July 1 for the ensuing fiscal year, to increase the same; provided, however, that in accordance with state law, the Select Board, with the approval of the Finance Committee, may increase the limit for that fiscal year only.” ACTION: Adopted. Voter Cards. A True Copy Attest: Colette M. Williams CMC/CMMC Town Clerk Brewster, MA The invalidity by reason of any defect in the procedure or adoption of the amendments may only be made within ninety days of such posting. Copies of amendments to the Bylaws may be examined and obtained at the Town Clerks Office, 2198 Main Street, Brewster, Massachusetts