HomeMy Public PortalAbout1976-05-10 Special Town Mtg Warrant SPECIAL TOIvN MEETING WARRANT
May 10, 1976
Barnstable, ss.
To Roland W. Bassett,
Constable of the flown of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts you are hereby directed
to notify and earn the inhabitants of the Town of Brewster qualified to vote
in Town affairs to meet in the Nauset Regional Middle School gymnasium. on
Monday, the tenth day of May next at nine o'clock in the evening, then and
there to act on the following articles:
ARTICLE 1. To see if the Town will vote to amend the Personnel By-Law,
Section XII 1.3 by deleting Section PW 1 in its entirety, and substituting
the following:
Ste 1 2 4 5 6
$14,76.00 $14, 0.00 $15, .00 $16-,M.00 $16;3 '2.00 $17-,316.00
273.00 285.00 297.00 309.00 321.00 333.00
Superintendent-Engineer
ARTICLE 2. To see if the Town will vote to raise and appropriate the
sum of Two Thousand, Four Hundred Forty-four ($2,444.00) Dollars to fund the
increased salary of the Superintendent-Engineer for Fiscal year ending dune
30, 1977.
ARTICLE 3. To see if the Town will vote to amend the Personnel By-Law,
Section XII, 1.3 by deleting Section PW II in its entirety, and substituting
the following:
PW II $ 184..00 $ 192.00 $ 200.00 $ 208.00 $ 216.00 $ ,224.00
4.60 4.80 5.00 5.20 5.40 5.60
Working Foreman
ARTICLE 4. To see if the Town will vote to raise and appropriate a sum
of money to fund the position of "forking Foreman" in the Department of Public
Works for fiscal year ending June 30, 1977.
ARTICLES 5. To see if the Town will raise and appropriate the sur of
Three Thousand ($3,000.00) Dollars for a Fireman Regular Part-time. Said funds
to be expended under the direction of the Fire Chief, with the approval of the
Board of Sectmen.
ARTICLE 6. To see if the Town will vote to amend the -Personnel By-law,
Section XII, 1.3 by deleting Section PS I thru PS V in its entirety, and sub-
stitute the following:
PS I Call Firefighter - Private - Min. $4.50 Plus $3.50 per hr.
PS II - Call Firefighter - Lieutenant - Min.. $4.75 Plus $3.75 per hr.
PS III -- Call. Firefighter - Captain - Kin. $5.00 Plus $4.00 per hr.
PS IV - Call Firefighter - Dep. Chief - Min. $5.25 Plus $4.25 per hr.
PS V - Firefighter Regular, Part-time 53.50 per hr.
ARTICLE 7. To see if the Toun will vote to amend the Personnel By-Law,
Section XII, 1..3 by deleting Section PS VII in its entirety, and substituting
the following:
Ps VII - $8,673.60 $9,006.40 $9,339.20 $9,672.00 $10,025.60 $10,358.40
166.80 173.20 179.60 186.00 192.80 1.99.20
4.17 4.33 4.49 14.65 4.82 4.98
Fireman, Regular Full.-time
ARTICLE S. To see if the Town frill vote to amend the Personnel By-Law,
Section II, 1.3 by deleting Section. PS '11111 in its entirety, and substituting
the following:
PS VIII - Rescue Nbmbers - $250.00 Annually
Rescue Lieutenant - $300.00 Annually
Rescue Captain - $400.00 Annually
Rescue Advance MAT -- $400.00 Annually
ARTICLE 9. To see if the Town will vote to amend the Personnel By-Law,
Section XII, 1.3 by deleting Section 31 in its entirety, and substituting the
Following: - .
B 1 - Wiring Inspector - $4,200.00 Annually (Includes Trans-
portation) (Part-tune).
ARTICLE I.O. To see if the Town will vote to amend the Personnel By-Law,
Section UI, 1.3 by deleting Section_ B2 in its entirety, and substituting the
following:
B2 - Assistant ldxi.ng Inspector - $250.00 Annually (Includes
transportation) (Part-time).
ARTICLE 11. To see if the Town will vote to amend the Personnel By--law,
Section II, 1.3 by deleting Section B6 in its entirety, and substituting the
following:
B6 -- !assistant Building Inspector and Zoning Agent - $1,500.00
Annually.
(Part-time) at $4.00 per hour to 295 hours = $1,150.00
and 2/40 hr. weeks C $160.00 per week.
ARTICLE 1.2. To see if the Torn will vote to amend the Personnel By--.Paw,
Section XII, 1.3 by deleting Section BIO in its entirety.
ARTICLE 13. To see if the Town, will vote to amend the Personnel By-Iaw,
Section XII, 1.3 by deleting Section HW 1 in its entirety.
ARTICLE 14. To see if the Town will vote to amend the Personnel ar-Law,
Section XII, 1.3 by deleting Section M 1 in its entirety, and substituting the
following:
LTi - Shellfish Constable - $5,000.00 Annually (Includes trans-
portation)
Regular, Part-time.
ARTICLE 15. To see if the Town will vote to amend the Personnel By-Law,
Section XII, 1.3 by deleting Section X3 in its entirety, and substituting the
following:
X3 - Alewives Committee. Chairman $50.00, Members $50.00
ARTICLE 16. To see if the Town will vote to amend the Personnel By-Taw,
Section XII, 1.3 by adding to the Appendix the following job description:
JOB DESCRIPTION FOR T01,J 1 OF BRE lSmi
Natural Resources Officer
DUTIES: Under the direction of the Selectmen, to patrol areas of the Town by
car, boat, or afoot for the purpose of enforcing State laws, rules,
and, regulations, and local By-Laws to the preservation and protection
of the natural resources.
EXA1,'LES OF DUTIES: Exercising, under authority of and in accordance with, the
provisions of Chanter 21 of the General Laws, all the powers of Police
Officers pertaining to natural resources law enforcement other than
the service of civil process, including the enforcement of rules and
regulations trade under authority of Chapter 21, and laws, rules and
regulations relating to fish, shellfish, birds, mamm. Is, water pol-
lution, Inland and Coastal tlands Restrictive Acts, including those
set forth in the following provisions of the General .laws and Chanters
90B, 130, 1.31 and water pollution, inspecting catches, establishments,
boats and, fishing vessels, checking licenses and equipment of fisher-
men, shellfishermen, hunters and trappers for com-oliance with rules
and regulations: boarding boats found to be in violation of the laws, rules,
regulations, and Town By-laws, apprehending violators and presenting evidence
in court; management of shellfish resources, conservation lands and herring
runs; investigating complaints of violations of the laws relating to the
natural resources.
Cther duties as assigned.
Mtn. Natural Resources Officer - $2,000.00 Annually - Regular, Part-time.
ARTICIS 17. To see if the Town will vote to amend. the %. rsonnel By-law,
Appendix, SUPERINTENDENT OF PUBLIC WORKS and SUFERII� E NEENT-BiNG.iDMER by de-
leting these descriptions in their entirety and substituting:
SUPERINTIEMDENT-ENGLAME R
Under the general direction of the Board of Selectmen either
acting as a Board of Selectmen or a Board of Public Works, the
Superintendent-Engineer shall be responsible for the admi.nis-
trati-on and operation of the Department of Public Works and shat
schedule, assign, direct and supervise the work of all personnel
and equipment employed in public works activities. In accordance
with the provisions of Sections Twenty-one and Sections Sixty-nine C
to Sixty-nine F, inclusive, of Chapter Forty-one of the General laws,
the Superintendent--Engineer shall be fully responsible for the con-
struction, care, maintenance and repair of, and for all labor and the
use of all equipment upon public ways and sidewalks. In the absence
of other provisions of the General law to the contrary, or by the
direction of or action by the Selectmen providing otherwise, shall
have .full responsibility for the construction and/or care, maintenance
and repair of drains, sewers, park facilities, cemeteries, beaches,
landings, Town forests and public shade trees, public buildings and
grounds other than schools, the Town Disposal Area, collection and
disposal of garbage and refuse, and any other activities of a public
works nature. The Superintendent-- sneer shall provide all ordinary
engineering services, includi.x1g, the inspection of all new roads, both
private and public, to insure compliance with all gown rules and regu-
lations. In the performance of duties, the Superintendent-Engineer
shall have sole control and supervision over an;;r outside agencies,
both public and private, who are doing work within the Department's
areas of responsibility, and shall issue any and all permits that come
within the jurisdiction of the office. In the administration of the
Department, the Superintendent-Engineer shall prepare the annual budget
and be responsible for the expenditure of appropriated funds, shall
keep the Selectmen:-advised as to the Department's activities.
WORKING FORM-1AN
Under the direct supervision of the Superintendent-Engineer, the
Working Foreman shall be responsible for the day-to-clay operation of
the Department of Public 'vbrks, and shall be able to perform. the duties
of a Skilled laborer and would be required to work in the field super-
vising the work force. The Working Foreman shall schedule, assign,
direct and supervise, the field work of all personnel and equipment em-
ployed in public works activities and shelf be required to assume the
duties of the Superintendent-Engineer in the absence of the Superi.nten-
dent-ungi.neer and be responsible for the administration of the department.
Thee Working Foreman shall be responsible for the construction, care,
maintenance and repair of, and for all labor and the use of all equipment
upon public ways and sidewalks. In accordance with the duties of the
_-_ department, the Working Foreman shall be responsible for the construction
and/or care, maintenance and repair of drains, sewers, park facilities,
cemeteries, beaches, landings, Town forests, and public shade trees,
public buildings and grounds other than schools, the Town Disposal Area,
Torun cemeteries, collection and disposal of garbage and refuse, and any
other activities of a public works nature. In the performance of the
duties, the Working Foreman shall have control and supervision over the
care, custody and assignment of equipment and direction and assignment
of all personnel in connection therewith. The Working Foreman shall
maintain accurate daily records of the Department's activities and keep
the Superintendent-Engineer advised as to the execution and progress of
these activities.
lLRTICIEH 18. To see if the Town will vote to amend the Personnel Byr .law,
Section VIII, 8a by deleting the first paragraph of 8.1 Employees entitled
to Holidays with Pay - "The following 10 days shall be recognized as legal
holidays within the meaning of this By-Law": and substituting the following:
11$.1 Dnployees entitled to Holidays with Pay - The following 11 days
shall be recognized as legal holidays within the meaning of this
8-r-Law:if
New Year's Icy Labor Day
1I rti n rather Kin; Lay Columbus Day
Washington's Birthday Veteran's Day
Patriot's Icy Thanksgiving Lay
Abmorial Dey Christmas Day
Independence D�y -
ARTICLE 19. To see if the Town will vote to amend the Personnel By-Law,
Section 11.2.3 Increments Based on P�--rit, by deleting the paragraph in its en-
tirety and substituting the following:
"The payment of step rate increments provided for in the Compensation
Plan shall be based on merit, supported by a completed Buployment
Evaluation Foran as approved by the Selectmen acting as a Personnel
Board, and become effective on the first Iionday in July following
the anniversary date of employment, subject to the recommendation
of the department head and subject to the approval of the Selectmen
acting as a Personnel Board." Ippon the discretion of the Personnel.
Board, the employment period may be shortened for the purpose of ap-
proving a step-rate increase to six months prior to the first 'Honday
in July. (by request of the Finance Committee)
ARTICIS 20. To see if the Town gill vote to amend the Personnel By-Law,
Section =I, 1.3 by deleting Section WD 1 in its entirety, and substituting the
following:
Step 1 2 3 - 5 6
9D - 1 - 811,199.76 $11,700.00 $12,200.24 $12,699.96 $13,200.20 $13,699.92
215.35 225.00 234.62 244.23 253.55 263.46 -
Water Superintendent - Regular, Flzl.l.--time
ARTICLE 21. To see if the Town will vote to raise and appropriate the sum
of No 'Thousand ($2,000.00) Dollars to fund the position of Natural Resources
Officer for fiscal year ending June 30, 1977.
ARTICLE 22. To see if the Town will vote to amend the Personnel By Law,
Section X?I, 1.3 by deleting Section WD 10 in its entirety, and substituting the
following:
2ep 2 3 4 5 6
JATD - 10 $168.00 $175.20 $152.40 $189.60 $196.50 $204.00
4.20 4.38 4.56 4.74 4.92 5.10
Working Foreman - Regular, Full.-time.
ARTICLE 23. To see if the Town will vote to amend the Personnel By-law,
Section XII, 1.3 by deleting Section ,133 in its entirety, and substituting the
following:
Ivy - 3 $150.00 $167.20 $174.40 $151.60 $188.80 $196.00
4..00 4.18 4.36 4.54 4.72 4..90
;_rotor Operator - (40 hours)
ARTICLE 24. To see if the Town will vote to amend the Personnel ray-Lair,
Section XII, 1.3 by deleting Sections ;W'D7 and PW6 in their entirety and sub-
stituting the following:
S.,,ter) 1 z 3 4 5 6
ND - 73 $136.00 $1 .0.00 $1�,1f.00 11,B.Oo 15z.0o $156.00
PW -- 6 3.40 3.50 3.60 3.70 3.30 3.90
Laborer
ARTICLE 25. To see if the Town will vote to amend the Personnel Btf-iaw,
Appendix Building Inspector, by deleting this description in its entirety and
substituting the following:
i
"In accordance with the provisions of Chapter 802 Acts of 1972 amended by Chapter
1152 Acts of 1973 and further amended by Chapter 541 Acts of 1974.
New Job Inscription - Ins-oector of Buildings:
Inspector of Buildings and the local inspector shall enforce all the provisions of
the Basic Code and any other applicable state statutes, rules and regulations, or
ordinances and By-laws, and act on any question relative to the mode or manner of
construction, and the materials to be used in the construction, reconstruction,
alteration, repair, demolition, removal., installation of equipment, and. the location
use, occupancy and maintenance of all buildings and structures, including any
building or structure owned by such authority established by the legislature but not
owned by the Commonwealth, such authorities to include, but not be limited to tie
Massachusetts Bay Transportation Authority, hassachusetts Turnpike .Authority and
the Tfiassachusetts Port Authority.
The building official shall receive applications and issue permits for the con-
struction,
onstruction, reconstruction, alteration, repair, demolition, removal., and installation
of equipment, and inspect the premises for which such permits have been issued and
enforce compliance with the Basic Code provisions, and to insure compliance with all.
the code requirements for the safety, health, and general welfare of the public.
-- The Building Inspector shall be responsible for enforcing the Zoning By-Laws and
assisting the Board. of Appeals in any way that they deem necessary.
The Inspector of Buildings shall have the power and duty to enforce the provisions
of the Old Kingfs Highway Regional Historic Dtstrict Act as established by Chapter
470 of Acts of 1973 and amended by Chapters 298 and 845 of 1975 and assist the com-
mittee in any way that they deem necessary.
ARTICLE 26. To see if the Town Vrill vote to amend the Personnel By-Law,
Section XII, 1.3 by deleting Section B 5 in its entirety, and substituting the
following:
Sten 1 2 4 5 6
B - 5 $12,012.00 $12,532.00 $13,052.00 $13,572.00 $14,092.00 $1.4,612.00
231.00 241.00 251..00 261.00 271.00 231.00
Inspector of Buildings -- Regular, Fu-11-time.
ARTICLE 27. To see if the Town will vote to transfer from Free Cash the sum
of Five Hundred Seventy-two ($572.00) Dollars to fund the increased salary of the
Inspector of Buildings for fiscal year ending June 30, 1977.
ARTICLE 28. To see if the Torn will vote to raise and appropriate the sum
of Eight Thousand. ($-e,000.00) Dollars for the purpose of paying a bonus to Em-
ployees under the Personnel. Eyr-Law who were in the Town employ as of January 1,
1976. This bonus is to serve in lieu of a cost of living increase per fiscal year
1976-1977, payable quarterly. This bonus is to be paid only to regular R 11-time
employees in the amount of Four t,-hzWred ($1x.00.00) Dollars; and. to regular Part-
time employees who normally serve over twenty (20) hours per week in the amount of
No Hundred ($200.00) Sollars.
ARTICLE 29. To see if the Toim will vote to transfer from Free Cash the
sum of One Thousand Five hundred ($1,500.00) Dollars, to Town Hall acoense to
fund needs through June 30, 1976.
,UTICLE 30. To see if the Town will vote to transfer from Free Cash the
sura of Three Hundred ($300.00) Dollars to Selectmen's Expense Account to fund
needs through June 30, 1976.
ARTICLE 31.. To see if the Town will vote to transfer from Senior Office
Clerk Salary Account to Junior Office Clerk Salary Account a sum of money to
fund the Junior Office Clerk Account through June 30, 1976.
ARTICLE 32. To see if the Town will vote to hold the Annual Town Meeting
on the .first Saturday in May, commencing an 1977, at 8:3MIE". in the Brewster
Elementary School.
ARTICLE 33. To see if the To=.%m will vote to transfer from Free Cash the
sum of Five Hundred Seventy-five ($575.00) Sollars to pay the following unpaid
bills of fiscal year ended June 30, 1975:
Dr. Anthony R. Prizzi $328.00
Rainey lkdical Lab. 1.8.00
Cape Cod Hospital 29.00
Total. $575.00
(Per reauest of the Veterans ' Agent, Robert Carey)
ARTICLE 34. To see if the Town will vote to raise and appropriate, by
borrowing or otherwise, the sum of Two Thousand ($2,000.00) Dollars for the com-
pletion of the extension of the water mains on Allen ]rive and. Ebenezar Sane
(formerly Brooks Road).
ARTICLE 35. To see if the Town will authorize the transfer of the balance
forward as of July 1, 1975 amounting to Eleven Thousand, Four Hundred Sixty—three
and 08/100 ($11,463.08) Do3-lars from dater Receipts Reserved for Appropriation
Account to Surplus Revenue.
ARTICLE 36. To see if the Town will authorize the transfer of a sum of
money representing collections in the water receipts reserved for Appropriation
Account from July 1, 1975 to April 30, 1976 to Estimated receipts.
ARTICLE 37. To see if the Town will authorize the transfer of a sum of
money from I4Tater Construction Expense Account to Surplus revenue.
ARTICLE 38. To see if the Town will vote to raise and appropriate, by
borrowing or otherwise, a sura of money for extending a water main not fess than
six (6) inches but less than sixteen (16) inches in diameter..for fifteen hundred
(1500) feet, more or less, From IWhiffletree Road along IiLl.dwood. Road, the property
owners auaranteeing the Torn teen (104") per cent per year for fifteen (15) years
return on the cost thereof.
ARTICLE 39 . To see if the Town Will raise and appropriate, by borrowing or
otherwise, a sum of money for the purchase of a one-ton tftil:ity body truck for
the Nater Department. The existing truck to be used in trade.
ARTICLE 40. To see if the Town will vote to transfer from Tax Anticipation
Notes Interest Account the sum of Five hundred and Fifty-nine ($559.00) Dollars
to pay the interest due on Note #322 due June 17, 1976 to purchase Parcel 102 as
voted in the Special Town meting of October 29, 1974.
ARTICLE 41. To see if the Town will vote that the resolution regarding
the Architectural Advisory Committee, voted July 10, 1972 be amended by de-
leting the word "business" in five (5) places and substituting the word
"industrial" in five (5) places; deleting the word "commercial" in three (3)
places and deleting the words "present", "only including multi-family dwel-
lings", and "all of" and adding the words "south of the center line of the
state highway layout of Route 6 - Mid-Cape Highway", so the amended resolution
shall read as fol lows:
1. Whereas, the Town of Brewster has now reached a period of rapid
growth and expansion and
j 2. Whereas, the economic health, prosperity, and welfare of the Town
will be dependent upon well-designed, efficient and attractive
industrial area and
3. Whereas, the industrial area of the Town will be sources of local
employment, capital investment and tax revenue and
4. Whereas, there is an inherent danger to the Town from a poorly de-
signed, inefficient, and unattractive industrial area.
Therefore, be it resolved that an Architectural Advisory Committee be
created by the Board of Selectmen to assist the growth of the industrial
area, south of the center line of the state highway layout of .Route 6 -
Mid-Cape Highway, with architectural treatment of buildings of a com-
mercial nature in order to insure the future of attractiveness and econo-
mic stability of the industrial area of Brewster.
ARTICLE 42. To see if the Town will vote to direct the Selectmen to order
the Town Clerk and Treasurer, Miss Ruth Eddy, to turn over to the Brewster
Ladies' Library the sum of Nine Hundred Sixty-five ($965.00) Dollars, said sizn
being the amount of money given to the Town Clerk and Treasurer by the State
as the Brewster Ladies' Library's share of the Library Services and Construc-
tion Enrichment Grant.
ARTICLF 43. To see if the Town will vote in favor of the following reso-
lution:
eso-
lution:
Resolved:
That the Town of Brewster be recorded in favor of Commonwealth
of Massachusetts House Bill No. 5353 relative to the taking by
Eminent Domain of the distribution facilities of private elec-
tric power companies in the Commonwealth of Massachusetts.
ARTICLE 44. To see if the Town will authorize the Board of Selectmen to
make available to the Brewster Board of Trade, a piece of land for temporary
use in operating an Information Center during the summer season.
ARTICLE 45. To see if the Town will vote to transfer from Free Cash a
sum of money to the Water Superintendent and Salary Account to fund that ac-
count through June 30, 1976.
ARTICLE 46. To see if the Town will vote to raise and appropriate or
transfer from Available Federal Revenue Sharing Funds the sum, of One Thousand,
Three Hundred and Forty-five ($1,345.00) Dollars to purchase a Dictaphone
Instant Playback recorder for use at the dispatch console in the Police and
Fre Station.
ARTICLE 47. To see if the Town will vote to separate Town Meeting
Articles into two categories:
1) Fiscal i..e. those affecting the tax rate on an R and A basis, these
to be placed in the Annual May meeting;
2) Regulatory i.e. those effecting legislation, these articles to be
placed in a Special Meeting to be held in September or October.
Passage of this Article (By-Law) is not to be construed to exclude self-
demonstrable emergency Articles from any meeting or those mandated by statute
to be voted in the May meeting. (By request of the Finance Committee) -
ARTICLE 48. To see if the Town will vote to authorize the Selectmen to
file a petition with the General Court to amend Section 8 of Chapter 552 of
the Acts of 1965 by adding the following sentence at the end of Section 8
"nothing herein conta-hed shall prevent action of the flown of Brewster under
Sections 21 or 69 of .Chapter 41 of the General Laws".
ARTICLE-4.9. To see if the Town- will vote to transfer the sum. of Thirteen
Thousand, Two Hundred and Seventy ($13,272.00) Dollars from the proceeds re-
ceived from the State under the provisions of Section 1, Chapter 825, Act of
1974 for the purpose of reconstruction, maintenance and repair of any of the
following Town roads: Route 39, Freeman's Way, Stony Brook Road, Long Pond
Road, Underpass Road, Harwich Road, Great Fields Road or any other Town road
approved by the Board of Selectmen and the Commonwealth of Massachusetts,
Department of Public Works, and act fully thereon.
ARRTICLE 50. To see if the Town will vote to amend the amendment to the
Dog Restraining By-Law voted at the Annual Town. Meeting, March 5, 1973;
(Article #38, Annual Meeting May 13, 1974); as follows: By deleting the second
paragraph in its entirety, and by substituting the following:
"To implement the year-round dog restraining order; all dogs found at
large shall be picked up by the Dog Officer and brought to the dog
pound. None shall be released to the owners unless a fine of Twenty-five
($25.00) Dollars is paid for an initial offense, and a fine of Twenty-
five ($25.00) Dollars for all subsequent offenses, as- previded in
Chapter 1.40, Section 173A of the General Laws as amended by Chapter 627
of the Acts of 1973, and unlicensed dogs shall be licensed before being
released from the dog pound."
ARTICLE 51. To see if the Town will vote to transfer from Free Cash Two
Thousand, Eight Hundred and Twenty-five ($2,825.00) Dollars to the Insurance
Account, for Public Official Liability insurance coverage to be effective im-
mediately.
ARTICLE 52. To act on any other business that may legally come before this
meeting.
And you are directed to serve this warrant with your doings thereon to the
Town Cleric at the time and place of said meeting as aforesaid.
Given under our hands and Seal of the Town of Brewster affixed this
sixteenth day of April, 1976.
CoUrt A. Sawtelle;" Chairman
rederick Krapo1h
Richard Lazarus
I hereby certify that I have posted copies as attested as directed.
� L
✓.�=�?CT,';i� 1"7 c'`f.�:-'C%_�I Constable Dat a
Roland W. Bassett