HomeMy Public PortalAbout1998-11-16 Special Town Mtg Report Report of the
FALL YEARLY TOWN MEETING
November 16, 1998
In accordance with the Warrant, the Fall Yearly Town Meeting was held in the Stony
Brook Elementary School Cafetorium, Monday, November 16, 1998.
L The Moderator, Stephen L. Doyle, called the Meeting to order at 7:00 p.m. The Tellers
were Althea Ailing, Jean Gage, June Gallant, Sheila Gerhardt, Ruth Hanlon, Eleanor
Nielsen, and William Nielsen. The Checkers were Germaine Cummings, Ann Golini,
Elizabeth Hardy, Dorothy Leone, Antoinette Mara, Sharon Morgan, Janet Norton,
Mildred Unger, and John Unger.
A quorum was present.
The Town Clerk, Joan K. Cole, read the Fall Yearly Town Meeting Warrant and the
return of the Warrant. There being no objection, the Moderator dispensed with the
reading of all the articles.
MOTION: I move that debate on the Motions made pursuant to the Articles on the
Warrant for the November 16, 1998, Fall Yearly Town Meeting, be limited as follows:
1. A presenter of a Motion may speak up to five (5) minutes when presenting the
Motion except for Motions that the Moderator has given specific permission for more
time.
2. Following speakers may have up to three (3) minutes to speak on a Motion.
3. Speakers to each Motion may speak no more than twice, except for the presenter of
a Motion who may speak to comments or questions made by voters with respect to
the Motion presented.
ACTION: ADOPTED YES 525 NO 27
MOTION: I move that the Town vote to approve the Consent Calendar which includes
Articles 11, 18, 25, and 27 as printed in the Warrant.
ACTION: ADOPTED UNANIMOUSLY
UNPAID BILLS
ARTICLE 1: To see if the Town will vote to transfer from available funds
a sum of money to pay the following unpaid bills incurred but unpaid during a previous
fiscal year:
A) Community Newspaper Company $67.92
B) Joanna Reade 1,400.00
C) Jan Harrison 24.25
D) Julie Cahoon 121.28
E) Corsair Industries, Inc. 147.20
F) Browning-Ferris Industries 47.22
G) Superior Office Systems 445.56
H) Brewer Electric & Utilities, Inc. 533.00
I) Brewer Electric & Utilities, Inc. 447.60
J) Scudder-Taylor Oil 164.47
K) Cape Cod Medical Center 894.00
Total $4,292.50
or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 1 as printed in the Warrant.
However, that Item E for Corsair Industries be added in the amount of $147.20 and to
transfer the sum of $4,292.50 from Free Cash for this purpose.
xt
ACTION: ADOPTED UNANIMOUSLY
BUDGETARY TRANSFERS
ARTICLE 2: To see if the Town will vote to transfer from available funds
and/or appropriate from surplus funds, in some departments, an amount of money to
be used in conjunction with funds appropriated under current fiscal year budgets during
the current fiscal year to pay shortfalls that would otherwise exist in the Fiscal Year
1999 Budget of other departments, as follows:
A) Old Kings Highway Regional Historic District Comm. $3,000.00
B) Town Clerk's Staff Wages 6,100.00
Total $9,100.00
or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 2 as printed in the Warrant,
and to transfer the sum of $9,100.00 from the following accounts, for these purposes:
A. Transfer the sum of$3,000.00 from Line Item No. 36 (Board of Health Salaries and
Wages) to Line Item No. 45 (Historic District Assessment) of Article 3 of the 1997
Annual Town Meeting.
B. Transfer the sum of $4,100.00 from Line Item No. 42 (Golf Wages) and $2,000.00
from Line Item No. 33 (Department of Public Works Wages) to Line Item No. 10 rt.
(Town Clerk's Staff Wages) of Article No.3 of the 1997 Annual Town Meeting.
ACTION: ADOPTED UNANIMOUSLY
RESCIND CEMETERY CONSTRUCTION PROJECT FUNDING
ARTICLE 3: To see if the Town will vote to rescind the approval originally
granted by Article No 28 from the Annual Town Meeting held on Monday, May 5, 1997
regarding engineering, and Article No. 11, Item 2C from the Annual Town Meeting held
on Monday, May 4, 1998 to construct an access road and the first phase of a new Town
Cemetery, and to further authorize the Board of Selectmen to transfer control, authority
or ownership of parcels now known or formerly known as 4 and 50, Map 34 of the
Board of Assessors' Map to the Brewster Conservation Commission, the Brewster
Conservation Trust or the Department of Environmental Management, Commonwealth
of Massachusetts for the purpose of permanent conservation and protection. Also, to
void any contracts and/or agreements pertinent to the engineering, clearing or
construction on the above two parcels of land signed or agreed upon after June 26,
1998, or to take any other action relative thereto. 4k
(Citizens' Petition)
MOTION: I move that the Town vote to approve Article 3 as printed in the Warrant,
and to transfer the control and authority of these parcels to the Conservation
Commission.
ACTION: DEFEATED YES 89 NO 607
POLICE STATION LAND ACQUISITION
1 ARTICLE 4; To see if the Town will vote to authorize the Board of
Selectmen to acquire the land, which is designated on Brewster Assessors' Map No.26
as Parcels No 11, 12, and 14, by gift, by purchase, or by an eminent domain taking,
under Massachusetts General Laws Chapter 79 and any other enabling authority, for the
use of a Police Station facility; to appropriate the sum of FIVE HUNDRED AND
NINETY-EIGHT THOUSAND AND 00/100 ($598,000.00) DOLLARS to pay for
land acquisition, tax awards, financing, and other costs incidental and related thereto;
to authorize the Town Treasurer, with the approval of the Board of Selectmen, to
borrow the sum of FIVE HUNDRED AND NINETY-FIVE THOUSAND AND 00/100
($595,000.00) DOLLARS, under and pursuant to Massachusetts General Laws
Chapter 44 and/or any other enabling authority, and to issue notes and bonds of the
Town therefor; to transfer from available funds the sum of $3,000.00 for the purpose of
paying for the preparation, issuance, and marketing of notes and bonds issued
hereunder and for paying interest on temporary notes issued in anticipation thereof; to
authorize the Board of Selectmen to apply for, accept, and expend any funds which
may be provided by the Commonwealth or some other source to defray a portion or all
of the costs of acquiring this property, provided that the amount of notes or bonds
issued hereunder shall be reduced by the amount of any such grant received or funds
accepted prior to the sale of such notes or bonds; and to authorize the Board of
L Selectmen to assume the care, custody, control, and management of this property; or
to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to Indefinitely Postpone consideration of Article 4.
ACTION: ADOPTED UNANIMOUSLY TO INDEFINITELY POSTPONE
3
POLICE AND FIRE STATION DESIGN SERVICES
ARTICLE 5: To see if the Town will vote to transfer from available funds
the sum of THREE HUNDRED THOUSAND AND 00/100 ($300,000.00) DOLLARS
for the purpose of continuing the design and engineering of a new Police Station, and
for the renovation of the current Fire Station, including costs incidental and related to
the project, and to authorize the Town Administrator to solicit bids, enter into contracts
and expend said funds for this purpose, or to take any other action relative thereto.
(Board of Selectmen)
tit MOTION: I move that the Town vote to approve Article 5 as printed in the warrant and
to appropriate the Total Sum of $300,000.00 and in order to appropriate this total sum
that the Town transfer the sum of $244,000.00 from Free Cash and $56,000.00 from
the Ambulance Receipts Reserved from Appropriations Account for this purpose.
ACTION: ADOPTED
CAPITAL EXPENDITURES
ARTICLE 6: To see if the Town will vote to transfer from available funds
a sum of money for the purpose of funding the following capital acquisitions and
expenditures to be undertaken during Fiscal Year 1999 and to authorize the Town
Administrator to sell, trade, lease, exchange or otherwise dispose of, in the best
interests of the Town, old equipment or vehicles deemed available, the proceeds from
any such disposition to be applied toward the cost of acquiring said equipment or
service as the case may be: :'
TRANSFER FROM
ITEM DEPARTMENT AVAILABLE FUNDS
1. Board of Selectmen
a) Telecommunications System Upgrade $ 3,000.00
b) Cemetery Construction Project (Phase II) 65,000.00
c) Town Hall Electrical Service Upgrade 32,000.00
d) Town Hall Copier Replacement 10,000.00
2. Stony Brook Elementary School .
a) Playground Equipment Project 58,000.00
b) Cafeteria Freezer Purchase 28,000.00
3. Golf Department
a) Deep-tine Aerification Project 10,000.00
4. Department of Public Works
a) Porta-John Enclosure Project 3,000,00
b) Large Roll-Off Container Unit 7,000.00
c) Truck Loading Vacuum System 4,700.00
d) Solid Waste Trailer Replacement 32,000.00
e) Large Dump Truck Replacement 125,000.00
5. Fire Department
a) Pick-Up Truck Replacement 35,000.00
b) Protective Clothing Purchase Program 15,000.00 °a
6. Water Department:
a) Well No. 3 Pump Project 25,000.00
b) Test Well Program 60,000.00
Total $512,700.00 x'
or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 6, however, that this article be
amended as follows:
Amend Item No. 1 (C) Town Hall Electrical Service upgrade reduce from $32,000.00 to
$28, 000.00 1
Amend Item No 2 (A) Stony Brook Elementary School Playground Equipment Project to
reduce from $58,000.00 to $45,000.00. Furthermore, should the Town receive grant
funding from the Commonwealth of Massachusetts, the first $18,000.00 of these grant
proceeds shall be utilized to reduce the Town's appropriation.
Delete Item No. 4 (D) Solid Waste Trailer Replacement, $32,000.00
Delete Item No 4 (E) Large Dump Truck Replacement, $125,000.00
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Amend Item No 5 (A) Pick-Up Truck Replacement reduce from $35,000.00 to
$32,000.00
Amend Item No 5 (B) Fire Dept Protective Clothing Purchase Program reduce from
$15,000.00 to $9,900.00
Delete Item No 6 (B) Water Dept Test Well Program $60,000.00
Furthermore, to approve this amended Article as printed in the Warrant and to
appropriate the total sum of $270,600.00 and in order to appropriate this total sum that
the Town transfer the sum of $198,700.00 from Free Cash, $25,000.00 from Water
Revenues, $5,000.00 from the Golf Receipts Reserved for Appropriation Account and
$41,900.00 from the Ambulance Receipts Reserved for Appropriations Account for these
purposes.
MOTION: I move that the town vote to amend the motion for Item No 5 (A) Pick-Up
Truck Replacement to reduce this request from $32,000.00 to $28,000.00
And, therefore, that the total appropriation be reduced from $270,600.00 to
$266,600.00; and that the transfer from the Ambulance Receipts Reserved for
Appropriation Account be reduced from $41,900.00 to $37,900.00
ACTION: DEFEATED
ACTION: MAIN MOTION ADOPTED UNANIMOUSLY
NAUSET REGION ALLOCATION FORMULA
LARTICLE 7; To see if the Town will vote to accept the provisions of
Massachusetts General Laws, Chapter 71, Section 16B, which would reallocate the sum
of the member towns' contributions to the Nauset Regional School District 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)
MOTION: I move that the Town vote to approve Article 7 as printed in the Warrant.
MOTION: I move that the Town vote to Indefinitely Postponed consideration of Article
7.
ACTION: DEFEATED
ACTION: MAIN MOTION ADOPTED YES 291 NO 167
AMENDMENT TO RECALL ELECTION BYLAW
ARTICLE 8; To see if the Town will vote to authorize and direct the Board of
Selectmen to petition the General Court of the Commonwealth of Massachusetts to
enact a mandatory legislation as follows:
SECTION 1. The second paragraph of section two of chapter four hundred
seventy-four of the Acts of 1991 is hereby amended by striking out the words"five
working days" and by inserting therefor the words"ten working days".
SECTION 2. The first sentence of the first paragraph of section three of chapter
four hundred seventy-four of the Acts of 1991 is hereby amended by striking out the
words"seven working days"and by inserting therefor the words `one working day";
or to take any other action relative thereto.
(Town Clerk)
MOTION: I move that the Town vote to approve Article 8 as printed in the Warrant.
ACTION: ADOPTED UNANIMOUSLY
POP WARNER FOOTBALL PROGRAM FUNDING
ARTICLE 9: To see if the Town will vote to transfer from available funds the
sum of FIFTEEN HUNDRED AND 00/100 ($1,500.00) DOLLARS to finance
expenses relative to the operation of the Pop Warner Football Program for Brewster
students and to authorize the Recreation Department to enter into a contract for said
services, or to take any other action relative thereto.
(Recreation Commission)
MOTION: I move that the Town vote to approve Article 9 as printed in the Warrant and
to transfer the sum of $1,500.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
LANDFILL CAPPING PROJECT FUNDING
ARTICLE 10: To see if the Town will vote to amend its vote rendered
under Article No. 33 (Landfill Capping) of the Warrant of the 1993 Annual Town
Meeting, and Article No. 6 (Landfill Capping) of the Warrant for the 1997 Fall Yearly
Town Meeting of the Town of Brewster by rescinding the previously authorized total
borrowing of $1,850,000.00 and by approving instead the transfer of NINE HUNDRED
AND FIFTY THOUSAND AND 00/100 ($950,000.00) DOLLARS from the
Stabilization Fund and NINE HUNDRED THOUSAND AND 00/100 ($900,000.00)
DOLLARS from Free Cash for the purpose of capping the Brewster Landfill and
Septage Lagoon, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 10, however, that the total
appropriation be amended from $1,850,000.00 to $1,650,000.00 and that in order to
appropriate this total sum that the Town transfer the sum of $950,000.00 from the
Stabilization Fund and $700,000.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
REPAIR AND RESURFACE TOWN ROADS/CHAPTER 90 FUNDS
S3
lye.
ARTICLE 11; To see if the Town will vote to appropriate from available
funds the sum of TWO HUNDRED AND FORTY-EIGHT THOUSAND ONE
HUNDRED AND FIFTY-TWO AND 00/100 ($248,152.00) DOLLARS under
Chapter 11 of the Acts of 1997 as provided under Chapter 90 of the Massachusetts
General Laws for local roads and highways, said funds shall be expended to repair and
resurface certain Town roads and their appurtenances under the direction of the Board
of Selectmen, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: MOVED UNDER THE CONSENT CALENDAR
ACTION: ADOPTED UNANIMOUSLY
LOWER CAPE COD COMMUNITY DEVELOPMENT CORPORATION
ARTICLE 12: To see if the Town will vote to transfer from available funds
the sum of FOUR THOUSAND AND 00/100 ($4,000.00) DOLLARS to reimburse
the Lower Cape Cod Community Development Corporation of Eastham, Ma. for costs
incurred for installing wells located on Town-owned property located on Parcels No. 9-6,
9-7, 9-8 and 9-9 of Map No. 51 of the Board of Assessors' Maps, or to take any other
action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 12 as printed in the
Warrant and to transfer the sum of $4,000.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUS
PRIVATE ROAD BETTERMENT/BLUEBERRY POND DRIVE
ARTICLE 13: To see if the Town will vote to authorize the Board of
Selectmen to undertake a series of temporary road repairs in accordance with Article
No. 8 of Chapter 157 of the Code of the Town of Brewster, as follows:
Blueberry Pond Drive
And furthermore, to authorize the Board of Selectmen to proceed with the
reconstruction of this way after it has been determined that the provisions of Article No.
8 have been satisfied; to transfer from available funds and/or to obtain by borrowing a
sum of money to pay for the costs of acquisition, engineering, construction,
reconstruction and related expenses in connection therewith; to authorize the Town
Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money,
under and pursuant to Massachusetts General Laws Chapter 44, Section 7 or any other
enabling authority and to issue notes and bonds of the Town therefor, and, initially, to
transfer from available funds a sum of money, to be recovered through the betterment
assessment against the abutters, to pay the first year's principal and interest expenses
for this project, or to take any other action relative thereto.
(Citizens" Petition)
MOTION: I move that the Town hereby authorize the Board of Selectmen to undertake
L a series of Temporary road repairs in accordance with Article 8 Chapter 157 of the
Town of Brewster as follows:
Blueberry Pond Drive
And furthermore that the Board of selectmen be authorized to proceed with
reconstruction of this way after it has been determined that the provisions of Article 8
have been satisfied; that the sum of One Hundred and Seventy Three Thousand
($173,000.00) Dollars be appropriated to pay the costs of acquisition, engineering,
construction, reconstruction and related expenses in connection therewith; that the
Town Treasurer, with the approval of the Board of Selectmen, be authorized to borrow <,
One Hundred and Seventy-One Thousand ($171,000.00) Dollars under and pursuant to
Massachusetts General Laws Chapter 44, Section 7 (5), or any other enabling authority
and to issue notes and bonds of the Town therefor, and initially, that the sum of Two
Thousand and 00/100 ($2,000.00) Dollars be transferred from Free Cash to be
recovered through the Betterment Assessment against the abutters, to pay the first
year's principal and interest expenses for this project.
MOTION: I move that consideration of Article 13 be postponed until after Article 17 is
adopted or defeated.
ACTION: DEFEATED Po
ACTION: MAIN MOTION ADOPTED YES 352 NO 11 ,#
INSURANCE BENEFITS PROGRAM
ARTICLE 14;
To see if the Town will vote to accept the provisions of
Section 9D (Insurance Premiums Program for Surviving Spouse) of Chapter 32B of the
General Laws, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 14 as printed in the Warrant.
ACTION: ADOPTED
SOLID WASTE DISPOSAL CONTRACT
ARTICLE 15: To see if the Town will vote to authorize the Board of
Selectmen to enter into a contract or contracts for solid waste disposal for up to a five
(5) year period, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 15 as printed in the Warrant.
ACTION: ADOPTED UNANIMOUSLY
AMEND DEVELOPMENT PLAN REVIEW BYLAW
ARTICLE 16: To see if the Town will vote to add a member of the Board
of Appeals to the Plan Review Committee by amending the first sentence of paragraph
A of Section 83-2 of Article II of Chapter 83 of the Code of the Town of Brewster,
Massachusetts so that it will read hereafter as follows:
There is hereby established a Plan Review Committee (PRC), comprised of the
Building Commissioner, who shall be its Chair, plus one (1) representative designated
by each of the following: Town Administrator, Board of Appeals, Planning Board,
Board of Health, Conservation Commission, Water Quality Review Board, Environmental
Resource Department, Historic District Committee, Department of Public Works, Police
Chief, and Fire Chief; or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 16 as printed in the Warrant,
however, that the Article be amended to retain the reference to the Water Department,
which exist currently within the current bylaw.
ACTION: ADOPTED
AMEND PRIVATE ROAD BETTERMENT BYLAW
ARTICLE 17; To see if the Town will vote to amend Article VIII
(Temporary Road Repair) of Chapter 157 of the Code of the Town of Brewster, which
currently reads, as follows:
157-20. Repair by Town.
Upon petition of 50% or more of the abutters thereof, the Town may, at the discretion
of the Board of Selectmen, provide temporary repairs, including drainage, and which is
required by public necessity, on any private way which has been open to public use for
more than five years. The Town shall not be liable for any damages caused by any
activity herein provided. Nonreturnable cash deposit, established by the Board of
Selectmen shall be required with the submission of the petition to cover the cost of field
inspection and initial cost estimates. Where all administrative, engineering and repair
costs associated with the temporary repairs is less than $200.00 per abutter, a cash
sum shall be deposited with the Town Treasurer equal to the costs of repair prior to the
work being commenced. Where the costs per abutter is $200.00 or greater for repairs
made under this article, betterments will be assessed. Any abutter may, by paying the
full amount of his share, avoid the assessment of the betterment on their land.
L And to amend this Bylaw to read, 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 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. 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 fifteen years. All costs of preparing the plan,
obtaining cost estimates and preparing the petition described below shall be the
exclusive responsibility of the petitioners.
B. After the plan has been prepared, the property owners'engineer shall secure at
least three bids from established contractors to complete the work outlined in the
engineer's plan. After receipt of the bids, the property owners shall prepare a
petition to the Board of Selectmen for the Town of Brewster to finance the work
L 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 fifty percent 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.
C. 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 on or before August 31st. The Selectmen shall refer every
such petition to the Assessor's Office for verification of signatures and
confirmation that more than fifty percent of abutters have signed. The re
Selectmen shall consider all submitted petitions that pass the Assessor's
examination prior to September 30"'. 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 Board of
Selectmen shall refer each petition so determined to the Planning Board which
shall conduct a public hearing on each petition on or before November 15th to
evaluate the plan, examine the cost estimates and hear from 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.
D. If the Planning Board approves any such plan, the Board of Selectmen may place
the plan on the warrant for the next Annual Town Meeting. If the Planning
Board suggests modifications or changes in scope of costs, the Board of
Selectmen may, at its option, send out proxies to the abutters noting scope and
cost changes or it may return the project to the petitioners. If proxies are sent
out, they must be returned by December 31st if the project is to be considered at ,
the Annual Town Meeting. If the proxies are returned by December 31st, the
Selectmen may place the project on the Annual Town Meeting Warrant provided
more than fifty percent of the abutters approve the revisions.
E. If the Annual 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 Superintendent of
Public Works forty-eight 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.
F. For a group of private roads within a subdivision in which membership in a
neighborhood property owners'association is automatic or mandatory, the same
procedure shall be used, (1) so long as a majority of the owners of the lots ;.
abutting the group of private ways to be repaired signs the petition required by ..
paragraph B above and, (2) so long as the group of private ways to be repaired «'
is owned or controlled, directly or indirectly, by the neighborhood association or
its members.
G. 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 I ,`
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.
H. 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.
or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Articlel7 as printed in the Warrant.
ACTION: ADOPTED UNANIMOUSLY
ZONING BYLAW AMENDMENT/PARKING REGULATIONS
ARTICLE 18: To see if the Town will vote to amend the Brewster Zoning
L Bylaw by revising Chapter 179, Article VII, Section 179-22, Minimum Off-Street Parking
Regulations, Table 4, Number of Off-Street Parking Spaces Per Unit, Medical center or
clinics, as follows:
DELETE current Medical center or clinics 4 spaces per 800 square feet and 1 per each 2
employees and SUBSTITUTE therefor the following:
Medical center or clinics 4 spaces per 800 square feet of
gross floor space and 1 per each
2 employees
or to take any other action relative thereto.
(Planning Board)
MOTON: MOVED UNDER THE CONSENT CALENDAR
ACTION: ADOPTED UNANIMOUSLY
ZONING BYLAW AMENDMENT/COMMUNICATIONS TOWER DISTRICT
ARTICLE 19: To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article IV, Section 179-11, Table of Use Regulations, B,
Table 1, "Retail and service", subsection 21, as follows:
"DELETE current Subsection 21 and SUBSTITUTE therefor the following:
RR R-L R-M C-H V-B I MRD CT
21. Communications P P P P PP PP
towers under 35'
in height.
ALSO ADD a NEW Subsection 21.a, as follows:
21.a Communications - - - - - - - S
towers over 35'
in height."
or to take any other action relative thereto.
(Planning Board)
MOTION: I move that the Town vote to approve Article 19 as printed in the warrant,
however, that the word "towers" located after the letter"s" be moved so that the
wording reads, as follows: "21.a communication towers".
ACTION: ADOPTED UNANIMOUSLY
MOTION: I move that the Town vote to adjourn this meeting until Tuesday, November
17, 1998 at 7:00 p.m.
ACTION: ADOPTED
MEETING ADJOURNED at 10:00 p.m.
MEETING RECONVENED Tuesday, November 17, 1998 at 7:07 p.m.
SEPTAGE TREATMENT PLANT FUNDING
ARTICLE 20; To see if the Town will vote to transfer from available funds
the sum of FOUR THOUSAND SEVEN HUNDRED AND SIX AND 00/100
($4,706.00) DOLLARS for the purpose of funding the Town's share of grant
anticipation note interest for Fiscal Year 1999 under the provisions of the Intermunicipal
Agreement for the Tri-Town Septage Treatment Facility, which is located in Orleans,
Massachusetts, or to take any other action relative thereto.
(Board of Managers)
MOTION: I move that the Town vote to approve Article 20 as printed in the Warrant
and that the Town transfer the sum of $4,076.00 from the interest earnings of the
original Septage Treatment Plant Construction Account which is under the custody of
the Town of Orleans, as the Grant Administrator for this purpose.
ACTION: ADOPTED UNANIMOUSLY
CROSBY MANSION PROJECT
ARTICLE 21: To see if the Town will vote to authorize the Board of
Selectmen to apply for and accept grants for costs associated with the restoration,
renovation, maintenance and operation of the Crosby Mansion, related buildings and its
associated property as a period house museum and center for natural, historical, and
cultural education and civic purposes, contingent upon the State deeding or leasing the
long-term care, custody and control of this property to the Town of Brewster, and
furthermore, to authorize the Board of Selectmen to enter into a multi-year lease in
excess of five (5) years, and to transfer from available funds a sum of money for this
purpose, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to authorize the Board of Selectmen to apply for
and accept grants or gifts of labor, materials, supplies and money for costs associated
with the restoration, renovation, maintenance and operation of the Crosby Mansion,
related buildings and its associated property as a period house museum and center for
natural, historical, and cultural education and civic purposes, contingent upon the state
deeding or leasing the long-term care, custody, and control of this property to the Town
of Brewster, and furthermore, to authorize the board of Selectmen to either i) enter into
a multi-year lease in excess of five (5) years and to transfer from available funds a sum
of money for this purpose; or ii) accept a Deed of Title to the property for no
consideration; or iii) negotiate a reasonable purchase price for the property contingent
upon further Town Meeting approval.
ACTION: ADOPTED
ENERGY EFFICIENCY S T U D Y
ARTICLE 22: To see if the Town will vote to authorize the Board of
Selectmen to negotiate and to participate in a contract or contracts to perform an
energy efficiency study, which will include a plan of action for cost-saving
recommendations for various town-owned buildings, or to take any other action relative
thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 22 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
INTERMUNICIPAL AGREEMENT/CAPE LIGHT COMPACT
ARTICLE 23: To see if the Town will vote to authorize the Board of
Selectmen, at its discretion, to negotiate and enter an intermunicipal agreement with
some or all of the towns of Barnstable County and with the Counties of Barnstable and
Dukes for the purpose of forming and participating in the Cape Light Compact and for
the purpose of aggregating the participants' electrical load in an effort to obtain the
least expensive, reliable supply of electricity for its consumers, and to ratify and confirm
any previously entered arrangements and agreements, or to take any other action
relative thereto.
(Board of Selectmen)
MOTION: I move that the town vote to approve Article 23 as printed in the Warrant.
ACTION: ADOPTED UNANIMOUSLY
GOLF COURSE FOOD SERVICE CONCESSION
ARTICLE 24: To see if the Town will vote to authorize the Town
Administrator to enter into a contract for food and beverage concession services for the
Captains Golf Course for up to a five (5) year period, or to take any other action relative
thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to Indefinitely Postpone consideration of Article
24.
ACTION: ADOPTED TO INDEFINITELY POSTPONE
GIFT OF LAND
ARTICLE 25: To see if the Town will vote to accept a gift of real property
as shown on the Board of Assessors' Map No 35, Lot No 38-10, and Map No 47, Lot
No 56 and to place the same under the jurisdiction and control of the Board of
Selectmen, or to take any other action relative thereto.
(Board of Selectmen)
MOVED UNDER THE CONSENT CALENDAR
ACTION: ADOPTED UNANIMOUSLY
SAND RIGHTS
ARTICLE 26: To see if the Town will vote to authorize the Board of
Selectmen, for no consideration, to abandon or to convey to William S. Nielsen and
Eleanor H. Nielsen all of the Town's rights, reflected in a deed dated June 9, 1880, and
recorded with Barnstable County Registry of Deeds in Book 171 Page 430, to take sand,
and to pass and repass over the parcel shown on the Board of Assessors' Map No. 23,
Parcel No. 18, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 26 as printed in the Warrant,
however that the article be amended to authorize the conservation commission, as well
as, the Board of Selectmen to abandon or to convey all of the Town's rights to take
sand, and to pass and repass over this parcel.
ACTION: ADOPTED UNANIMOUSLY
COMMONWEALTH ELECTRIC COMPANY EASEMENT
ARTICLE 27, To see if the Town will vote to authorize the Board of
Selectmen to grant the Commonwealth Electric Company an easement to install and
maintain a primary underground electric system on Town-owned property to serve the
Brewster Town Offices, or to take any other action relative thereto.
(Board of Selectmen)
MOVED UNDER THE CONSENT CALENDAR
ACTION: ADOPTED UNANIMOUSLY '
WHITECAPS LEASE AMENDMENT
ARTICLE 28: To see if the Town will vote to amend Article No. 19 of the
November, 1995 Fall Yearly Town Meeting to clarify that the Town's financial
commitment for the construction of a recreation field and related facilities for the
Brewster Baseball Club, Inc. at the Brewster Commerce Park will be limited to the total
sum of ONE HUNDRED AND FIFTY THOUSAND AND 00/100 ($150,000.00)
DOLLARS, and that these funds will be used solely for construction-related expenses,
and must be matched by grants, donations, and/or gifts raised by the Brewster Baseball
Club, Inc., or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to Indefinitely Postpone consideration
of Article 28.
ACTION: ADOPTED TO INDEFINITELY POSTPONE
GIFT OF LAND/CAPTAINS GOLF COURSE
ARTICLE 29: To see if the Town will vote to accept a gift of real property as
shown on the Board of Assessors' Map No. 53, Parcels No. 6-4 and 6-6, or a portion
thereof and to place the same under the jurisdiction and control of the Board of
Selectmen, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 29 as printed in the Warrant.
ACTION: ADOPTED UNANIMOUSLY
TRANSFER OF LAND/AFFORDABLE HOUSING
ARTICLE 30; To see if the Town will vote to authorize the Board of
I Selectmen to convey, for a minimum amount of ONE DOLLAR ($1.00), all or a
portion of the Town-owned land, which totals 2.958 acres off Old Chatham Road and
which is identified as Lots 236, 263, 264, 265, 266 and 268 on Brewster Assessors' Map
33, for construction of up to six (6) single-family, deed-restricted homes by Brewster
families of low or moderate income, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 30 as printed in the Warrant.
ACTION: ADOPTED UNANIMOUSLY
WELL NO, 4 TREATMENT PLANT CONSTRUCTION
ARTICLE 31; To see if the Town will appropriate, by borrowing,
taxation or otherwise, a sum of money to pay costs of designing, constructing, originally
equipping and furnishing a new water treatment facility in the vicinity of Well No. 4 in
the Punkhorn Parklands area, and all other costs incidental and related thereto, or to
take any other action relative thereto.
L (Water Commissioners)
MOTION: I move that (i) the sum of Three Million and Seventy-Eight Thousand and
00/100 ($3,078,000.00) Dollars is hereby appropriated for the purpose of paying costs
of designing, constructing, originally equipping and furnishing a new water treatment
facility in the vicinity of Well No. 4 in the Punkhorn Parklands area and for the payment
of all other costs incidental and related thereto and that to meet this appropriation, the
Town Treasurer, with the approval of the Board of Selectmen, is hereby authorized to
borrow Three Million and Fifty Thousand and 00/100 ($3,050,000.00) Dollars under and
pursuant to Chapter 44, Section 7 and 8 or any other enabling authority, and to issue
bonds or notes of the Town therefor; (ii) the Board of Water Commissioners is hereby
authorized to solicit bids and execute all contracts needed to accomplish the project
authorized by this vote; (iii) the Board of Selectmen and Water Commissioners are
authorized and directed to seek, accept and expend any grant monies which may be
available to defray a portion of the project costs and that the borrowing authorized
hereby shall be reduced to the extent of any grant monies received by the Town on
account of the project prior to the issuance of any bonds or notes authorized to be
issued by this vote; and (iv) that the sum of Twenty-Eight Thousand and 00/100 ($28,
000.00) Dollars is hereby transferred from Water Revenues of the Town for the purpose
of paying for the preparation, issuance and marketing of bonds and notes authorized to
be issued by this vote, and for the payment of interest on any temporary notes issued
Lin anticipation thereof.
ACTION: ADOPTED YES 204 NO 10
TELEMETRY SYSTEM EQUIPMENT REPLACEMENT
ARTICLE 32: To see if the Town will appropriate, by borrowing, taxation
or otherwise, a sum of money to pay costs of designing, constructing and installing a
replacement Supervising Control and Data Acquisition (SCADA) Telemetry System,
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including all controls, electronics, software and related equipment associated with the
remote operation of the Brewster Water System, and for the payment of all other costs
incidental and related thereto, or to take any other action relative thereto.
(Water Commission)
MOTION: I move that (i) the sum of Two Hundred and Twenty-two Thousand
and 00/100 ($222,000.00) Dollars is hereby appropriated for the purpose of paying
costs of designing, constructing and installing a replacement Supervisory Control and
Data Acquisition (SCADA) Telemetry System, including all controls, electronics, software
and related equipment associated with the remote operation of the Brewster Water
System, and for the payment of all other costs incidental and related thereto and that
to meet this appropriation, the Town Treasurer, with the approval of the Board of
Selectmen, is hereby authorized to borrow Two Hundred and Twenty Thousand and
00/100 ($220,000.00) Dollars under and pursuant to Chapter 44, Sections 7 and 8 of
the Massachusetts General Laws, or any other enabling authority, and to issue bonds or
notes of the Town therefor; (ii) the Board of Water Commissioners is hereby authorized
to solicit bids and execute all contracts needed to accomplish the project authorized by
this vote; and (iii) that the additional sum of Two Thousand and 00/100 ($2,000.00)
Dollars is hereby transferred from Water Revenues of the Town for the purpose of
paying for the preparation, issuance and marketing of any bonds or notes issued
hereunder and for the payment of interest on any temporary notes issued in
anticipation of the issuance of bonds authorized by this vote.
ACTION: ADOPTED UNANIMOUSLY
LAND ACQUISITION/SLOUGH ROAD
ARTICLE 33: To see if the Town will vote to authorize the Board of
Selectmen to acquire by gift, purchase, or the exercise of eminent domain powers the
land which is located off Slough Road and which is shown on the Brewster Assessors'
Map No. 51, as Parcels No. 1 and 2; to acquire this land for bikeway and conservation
purposes; to transfer from available funds a sum of money to pay for all costs of
acquisition; and to authorize the Board of Selectmen to seek, accept, and expend grant
funds for this purpose; or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 33 as printed in the Warrant;
however, that the reference to "bikeways" in the fourth line of the Article be amended
to"Pathways", and that this property will be placed under the care, custody and control
of the Conservation Commission and to transfer the sum of $50,000.00 from Free Cash
for this purpose.
ACTION: ADOPTED YES 207 NO 5
LAND ACQUISITION PROJECT/MILLSTONE ROAD
ARTICLE 34; To see if the Town will vote to authorize the Board of
Selectmen to acquire by gift, purchase, or the exercise of eminent domain powers the
land which is located off Millstone Road and which is shown on the Brewster Assessors'
Map No. 33, as Parcel No. 18-3, to acquire this land for public purposes, and to transfer
from available funds a sum of money to pay all acquisition costs, or to take any other
action relative thereto.
(Board of Selectmen)
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MOTION: I move that the Town vote to Indefinitely Postpone consideration of Article
34.
ACTION: ADOPTED TO INDEFINITELY POSTPONE
SALE OF LAND
L ARTICLE To see if the Town will vote to authorize the Board of
Selectmen to sell by public bid or auction, the Town's interest in a portion or portions of
the real estate shown on the Board of Assessors' Map No 52, Parcel No 24-1, or to
take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 35 as printed in the Warrant,
however, for the minimum amount of $3,000.00.
ACTION: ADOPTED UNANIMOUSLY
ANY OTHER BUSINESS
ARTICLE 36; To act on any other business that may legally come before
this meeting.
MOTION: I move that the Town vote to adjourn this meeting.
ACTION: ADOPTED
Li1
Meeting adjourned at 8:26 p.m.
A TRUE COPY ATTEST:
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Joan K. Cole
Town Clerk
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