HomeMy Public PortalAbout1999-11-15 Special Town Mtg Report 1
FALL YEARLY TOWN MEETING
NOVEMBER 15, 1999
3
ORDER ARTICLES WERE VOTED BY LOTTERY
ARTICLE 12 - CONSTRUCTION OF NEW POLICE STATION-ADOPTED
YES 301 NO 114
ARTICLE 5 -REFERENCE/ADULT SERVICES PERSONNEL-ADOPTED UNANIMOUSLY
ARTICLE 10-PERSONNEL CLASSIFICATION AND PAY SCALE - ADOPTED
ARTICLE 8-CAPTAINS GOLF COURSE OPERATING BUDGET - ADOPTED
ARTICLE 7-NAUSET PRE-SCHOOL EDUCATION PROGRAM - ADOPTED UNANIMOUSLY
ARTICLE 11 -CAPITAL EXPENDITURES-ADOPTED UNANIMOUSLY
ARTICLE 25 -LONG POND MANAGEMENT PLAN-ADOPTED UNANIMOUSLY
ARTICLE 15 -PROPERTY TAX VOUCHER SYSTEM ACCOUNT - ADOPTED
ARTICLE 14-AMENDMENT OF SPECIAL LEGISLATION/CAPTAINS GOLF COURSE-
ADOPTED UNANIMOUSLY
ARTICLE 26-AMBULANCE BILLING SERVICES -ADOPTED UNANIMOUSLY
ARTICLE 22-ZONING BYLAW AMENDMENT FOR SEPTIC OPERATION-
ADOPTED UNANIMOUSLY
ARTICLE 23 -ZONING BYLAW AMENDMENT FOR SEPTIC OPERATION-ADOPTED
YES 248 NO 54
ARTICLE 24-ZONING BYLAW AMENDMENT FOR SEPTIC OPERATION-ADOPTED
YES 290 NO 11
ARTICLE 17-PUBLICATION OF AMENDMENTS TO BREWSTER TOWN CODE-ADOPTED
UNANIMOUSLY
ARTICLE 2- BUDGETARY TRANSFERS-ADOPTED UNANIMOUSLY
ARTICLE 20-GENERAL BYLAW AMENDMENT/WATER CONSERVATION- ADOPTED
ARTICLE 32-ELLIS LANDING DRAINAGE PROJECT-ADOPTED UNANIMOUSLY
ARTICLE 31 -RECISION OF DEBT AUTHORIZATION -DEFEATED
ARTICLE 9-PART-TIME CLERICAL POSITION SALARIES-ADOPTED UNANIMOUSLY
ARTICLE 1 -UNPAID BILLS-ADOPTED UNANIMOUSLY
ARTICLE 19-WATER BETTERMENT/WILLIAMS DRIVE-ADOPTED UNANIMOUSLY
ARTICLE 6-ADDITIONAL TEACHER/STONY BROOK SCHOOL-ADOPTED
UNANIMOUSLY
ARTICLE 13 -COUNCIL ON AGING/OLD TOWN HALL BUILDING ROOF REPLACEMENT-
ADOPTED
ARTICLE 30-FUNDING FOR BICENTENNIAL CELEBRATION-ADOPTED UNANIMOUSLY
ARTICLE 27-BLUEBERRY POND DRIVE ROAD BETTERMENT EXPENSE-ADOPTED
UNANIMOUSLY
ARTICLE 16-TOWN CODE SOFTWARE PROGRAM AND ELECTIONS SOFTWARE
MAINTENANCE EXPENSE-ADOPTED UNANIMOUSLY
ARTICLE 3 -OPEN SPACE LAND ACQUISITION-ADOPTED UNANIMOUSLY
ARTICLE 21- GENERAL BYLAW AMENDMENT/PERSONAL MOTORIZED WATERCRAFT-
ADOPTED
THE FOLLOWING ARTICLES WERE INDEFINITELY POSTPONED
ARTICLE - 4-EVALUATION OF PURCHASE OF REAL ESTATE
ARTICLE - 18 -CEMETERY COMMISSION
ARTICLE-28-COMMONWEALTH ELECTRIC UTILITY EASEMENT
ARTICLE - 29-REPAIR AND RESURFACE TOWN ROADS/CHAPTER 90 FUNDS
}
1
TOWN MEETING WARRANT
NOVEMBER 15, 1999
ATTENTION VOTERS: THE TOWN WILL BE USING A LOTTERY
SYSTEM TO DETERMINE THE ORDER OF PRESENTATION OF
THE WARRANT ARTICLES.
WARRANT ARTICLES
1. UNPAID BILLS
2. BUDGETARY TRANSFERS
3. OPEN SPACE LAND ACQUISITION
4. EVALUATION OF PURCHASE OF REAL ESTATE
5. REFERENCE/ADULT SERVICES PERSONNEL
6. ADDITIONAL TEACHER/STONY BROOK SCHOOL
7. NAUSET PRE-SCHOOL EDUCATION PROGRAM
8. CAPTAINS GOLF COURSE OPERATING BUDGET
9. PART-TIME CLERICAL POSITION SALARIES
10. PERSONNEL CLASSIFICATION AND PAY STUDY
11. CAPITAL EXPENDIRURES
12. CONSTRUCTION OF NEW POLICE STATION
13. COUNCIL ON AGING/OLD TOWN HALL BUILDING ROOF
REPLACEMENT
14. AMENDMENT OF SPECIAL LEGISLATION/CAPTAINS
GOLF COURSE
15. PROPERTY TAX VOUCHER SYSTEM ACCOUNT
16. TOWN CODE SOFTWARE PROGRAM AND
ELECTIONS SOFTWARE MAINTENANCE EXPENSE
17. PUBLICATION OF AMENDMENTS TO BREWSTER TOWN
CODE
18. CEMETERY COMMISSION
19. WATER BETTERMENT/WILLIAMS DRIVE
20. GENERAL BYLAW AMENDMENT/WATER CONSERVATION
21. GENERAL BYLAW AMENDMENT/PERSONAL MOTORIZED
WATERCRAFT
22. ZONING BYLAW AMENDMENT FOR SEPTIC OPERATION
23. ZONING BYLAW AMENDMENT FOR SEPTIC OPERATION
24. ZONING BYLAW AMENDMENT FOR SEPTIC OPERATION
25. LONG POND MANAGEMENT PLAN
26. AMBULANCE BILLING SERVICES
27. BLUEBERRY POND DRIVE ROAD BETTERMENT EXPENSE
28. COMMMONWEALTH ELECTRIC UTILITY EASEMENT
• 29. REPAIR AND RESURFACE TOWN ROADS/CHAPTER 90 FUNDS
30. FUNDING FOR BICENTENNIAL CELEBRATION
31. RECISION OF DEBT AUTHORIZATION
32. ELLIS LANDING DRAINAGE PROJECT
33. ANY OTHER BUSINESS
TOWN MODERATOR'S RULES REGARDING TOWN MEETING
BUDGETARY TERMS AND DEFINITIONS
Report of the
FALL YEARLY TOWN MEETING
In accordance with the Warrant, the Fall Yearly Town Meeting was held in the Stony 5'
Brook Elementary School Cafetorium, Monday, November 15, 1999.
The Meeting was called to order at 7:00 p.m. by the Moderator, Stephen L. Doyle,
The Tellers were Althea Alling, Kenneth Berbrick, Jean Gage, June Gallant, Sheila
Gerhardt, and Ruth Hanlon. The Checkers were Jackalyn J. Courchesne, Germaine F'
Cummins, Ann Golini, Elizabeth Hardy, Dorothy Leone, Janet Norton, Sherry Ryder,
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.
UNPAID BILLS
ARTICLE 1: To see if the Town will vote to transfer from available funds the
sum of THREE THOUSAND AND SEVENTY-EIGHT AND 00/100 ($3,078.00)
DOLLARS to pay the following unpaid bills incurred but unpaid during a previous
fiscal year:
Bayside Disposal $1,954.00
Thomas McInerney 100.00
Captains Golf Course 46.00
New England Lock and Key 11.00
Refuse Processors, Inc. 255.00
Sir Speedy 712.00
TOTAL $3,078.00
or to take any other action relative thereto.
(Nine-Tenths Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 1 (Unpaid Bills) as printed in
the warrant and to transfer the sum of$3,078.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
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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 2000
budget of other departments, as follows:
a) Transfer the sum of$15,000.00 from Article No. 7 of the 1999
Annual Town Meeting, Line Item No. 13 Natural Resources and
Conservation Wages account, to the Natural Resources and Conservation
Expense account.
b) Transfer the sum of$1,500.00 from Article No 7 of the 1999 Annual
Town Meeting, Line Item No 24 Liability Insurance, to the Vehicle
Maintenance Account Line Item No 15.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
L MOTION: I move that the Town vote to approve Article 2 (Budgetary Transfers) as
printed in the Warrant and to transfer the sum of$16,500.00 for this purpose to finance
Fiscal Year 2000 Budget.
ACTION: ADOPTED UNANIMOUSLY
OPEN SPACE LAND ACQUISITION
ARTICLE 3: 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. 34
as Parcel Nos. 13 and 15, by purchase or by an eminent domain taking under
Massachusetts General Laws Chapter 79 and any other enabling authority for use as
open space; to appropriate the sum of SIX HUNDRED AND TWENTY-FIVE
THOUSAND AND 00/100 ($625,000.00)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 a sum of money
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 a sum of money for the purpose of paying for the preparation, issuance,
and marketing of notes and bonds issued hereunder and for paying interest on
Ltemporary 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 grants received or funds accepted prior to the sale of such notes or
bonds; and to authorize the Conservation Commission to assume the care, custody,
control, and management of this property; or to take any other action relative thereto.
(Two-Thirds Vote Required) (Open Space Committee)
MOTION: I move that the Town vote to approve Article 3 (Open Space Land
Acquisition) as printed in the Warrant and that the Board of Selectmen is hereby
authorized to acquire the land designated on Brewster Assessors' Map No 34 as Parcel
Nos. 13 and 15, by purchase, or by eminent domain taking under Massachusetts
General Laws Chapter 79 and any other enabling authority for use as open space; that
the sum of Six Hundred Twenty-five Thousand and 00/100 ($625,000.00) Dollars is
hereby appropriated to pay for the acquisition of the aforesaid land, including but not
limited to any tax awards, financing and any other costs incidental and related thereto;
that to meet this appropriation the Town Treasurer, with the approval of the Board of
Selectmen, is hereby authorized to borrow the sum of$600,000.00 under and pursuant
to Chapter 44 of the Massachusetts General Laws, or any other enabling authority, and
to issue notes and bonds of the Town therefor; that the sum of$25,000.00 is hereby
transferred from Free Cash 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; that the Board of Selectmen is hereby authorized
and directed to apply for, accept, and expend any funds which may be provided by the
Commonwealth of Massachusetts or any 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 grants received or funds accepted
prior to the sale of any such notes or bonds; and that the Conservation Commission is
hereby authorized to assume the care, custody, control, and management of this
property.
MOTION: I move that the Town vote to amend Article 3 the last sentence to read such
grants received or funds accepted prior to the sale of such notes or bonds; and to
authorize the Board of Selectmen to assume the care, custody, control, and management
of this property; unless such management is specifically restricted to the Conservation
Commission by the funding sources; or to take any other action relative thereto.
ACTION: AMENDMENT DEFEATED
ACTION: MAIN MOTION ADOPTED UNANIMOUSLY
EVALUATION OF PURCHASE OF REAL ESTATE
ARTICLE 4: To see if the Town will vote to transfer from available
funds the sum of TWENTY THOUSAND AND 00/100 ($20,000.00)DOLLARS for the
purpose of investigating and making recommendations for the purchase of real estate,
said funds will be used to obtain various clerical, professional, legal, appraisal and
engineering services, under the direction and authority of the Open Space Committee,
or to take any other action relative thereto.
iz
(Majority Vote Required) (Open Space Committee)
MOTION: MOVED TO INDEFINITELY POSTPONE
ACTION: ADOPTED TO INDEFINITELY POSTPONE
REFERENCE/ADULT SERVICES PERSONNEL
ARTICLE 5: To see if the Town will vote to transfer from available
funds the sum of THREE THOUSAND NINE HUNDRED NINETY-SEVEN AND
00/100($3,997.00)DOLLARS to pay for increasing the reference/adult services
personnel staffmg by an additional twelve (12) hours, said appropriation to become a
part of the Brewster Ladies Library budget for Fiscal Year 2000, or to take any other
action relative thereto.
(Majority Vote Required) (Brewster Ladies Library)
MOTION: I move that the Town vote to approve Article 5 (Reference/Adult Services
Personnel) as printed in the Warrant and to transfer the sum of$3,997.00 from Free
Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
ADDITIONAL TEACHER/STONY BROOK ELEMENTARY SCHOOL
ARTICLE 6: To see if the Town will vote to transfer from available
funds the sum of TWENTY-SEVEN THOUSAND AND 00/100 ($27,000.00)
DOLLARS to fund an additional teaching position at the Stony Brook Elementary
School, or to take any other action relative thereto.
(Majority Vote Required) (Elementary School Committee)
MOTION: I move that the Town vote to approve Article 6 (Additional Teacher/Stony
Brook School) as printed in the warrant and to transfer the sum of$27,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
NAUSET PRE-SCHOOL EDUCATION PROGRAM
LARTICLE 7: To see if the Town will vote to transfer from available
funds the sum of FOUR THOUSAND FIVE HUNDRED FIFTY AND 00/100
($4,550.00)DOLLARS to expand the Nauset Pre-School Education Program, or to take
any other action relative thereto.
(Majority Vote Required) (Elementary School Committee)
MOTION: I move that the town vote to approve Article 7 (Nauset Pre-School
Education Program) as printed in the warrant and to transfer the sum of$4,550.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
CAPTAINS GOLF COURSE OPERATING EXPENSES
ARTICLE 8: To see if the Town will vote to transfer from the Golf
Enterprise Fund the sum of FIFTY FIVE THOUSAND NINE HUNDRED
FOURTEEN AND 00/100 ($55,914.00) DOLLARS to augment the operating budget
for the Captains Golf Course for Fiscal Year 2000, or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 8 (Captains Golf Course
Operating Budget) as printed in the Warrant and to transfer the sum of$55,914.00 from
the Golf Enterprise Fund for this purpose.
ACTION: ADOPTED
PART-TIME CLERICAL POSITION SALARIES
ARTICLE 9: To see if the Town will vote to transfer the sum of
ELEVEN THOUSAND NINE HUNDRED AND TWENTY-EIGHT AND 00/100
($11,928.00) DOLLARS for the following purposes:
a) Fund a part-time clerical position for the
Town Hall, $ 5,928.00
b) Fund a pay adjustment for the part-time
L clerical positions, $ 6,000.00
Total $11,928.00
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 9 (Part-time Clerical
Positions Salaries) as printed in the Warrant and to transfer the sum of$11,928.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
PERSONNEL CLASSIFICATION AND PAY STUDY
ARTICLE 10: To see if the Town will vote to authorize the Board of
Selectmen to enter into a contract or contracts for professional services to conduct a
personnel classification and pay study and to transfer from available funds the sum of
THIRTEEN THOUSAND FIVE HUNDRED AND 00/100($13,500.00)DOLLARS
for this purpose, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve Article 10 (Personnel Classification
and Pay Study) as printed in the Warrant and to transfer the sum of$13,500.00 from
Free Cash for this purpose.
ACTION: ADOPTED
CAPITAL EXPENDITURES
ARTICLE 11: 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 2000 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 towards the cost of acquiring said equipment or
service as the case may be:
TRANSFER FROM
ITEM DEPARTMENT AVAILABLE FUNDS
1. Board of Selectmen
a) Town Hall Generator Installation $10,000.00
b) Town Hall Renovations Project 30,000.00
c) Council on Aging Building
g g Y
Interior Painting 10,000.00
d) Crosby Beach Access Ramp Project 2,500.00
e) Landings and Ponds Regulatory Signs 5,000.00
}
2. Department of Public Works
a) Street Sweeper Repair 35,000.00
b) Trash Trailer Replacement 32,000.00
c) Parts Washer Purchase 2,000.00
3. Golf Department
a) Tee Time Reservation Program 40,000.00
b) Tee and Approach Mowers (2 units) 40,000.00
4. Stony Brook Elementary School
a) Interior Painting 10,000.00
b) Building Siding Replacement 20,000.00
c) Heating System Controls Replacement 10,000.00
d) Covered Walkway Repair 20,500.00
e) Parking Lot Repairs 8,000.00
0 Carpet Replacement 1,500.00
g) Window Unit Repairs 2,000.00
h) Technology Upgrade Program 93,500.00
5. Eddy Elementary School
a) Storage Shed 3,500.00
b) Kindergarten Ramps 1,000.00
c) Special Needs Playground Equipment 2,000.00
6. Board of Assessors
• a) Mapping System Update 45,000.00
7. Recreation_Department
a) Recreational Facilities Upgrades 16 800.00
TOTAL $440,300.00
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 11 (Capital Expenditures) as
printed in the Warrant, however, that the following funding requests be amended:
Item 4H) Stony Brook Elementary School Technology Upgrade
Program is amended from the sum of$93,500.00 to $0.00,
and to appropriate the total sum of$346,800.00 for these purposes, and in order to
fund this appropriation that the Town transfer the sums of$221,800.00 from free Cash;
L $80,000.00 from the Golf Enterprise Fund; and $45,000.00 from the Overlay surplus
fund for these purposes.
MOTION: I move that the Town vote to amend Article 11 to eliminate Item no 6A for
the Mapping System Update in the amount of$45,000.00
ACTION: DEFEATED
ACTION: MAIN MOTION ADOPTED UNANIMOUSLY
CONSTRUCTION OF NEW POLICE STATION
ARTICLE 12: To see if the Town will vote to appropriate a sum of
money for completing the design, constructing, originally equipping and furnishing of a
new Police Station, including other costs incidental and related to the carrying out of
this project and its financing, and to see whether such sum shall be raised by a transfer
from available funds, or to authorize the Town Treasurer, with the approval of the
Board of Selectmen, to borrow a certain sum of money under and pursuant to Chapter
44 of the General Laws, and/or any other enabling authority, and to issue bonds or
L notes of the Town therefor; to transfer from available funds an additional sum of money
for the purpose of paying for the preparation, issuance and marketing of bonds and
notes issued hereunder and for paying interest on temporary notes issued in anticipation
thereof; provided, however, that a favorable vote under this article shall have no effect
unless the Town votes at a regular or special election to exempt the amounts required to
pay the bonds or notes authorized hereunder from the limitation of Proposition 2 1/2, so
called, or to take any other action relative thereto.
(Two-Thirds Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 12 (Construction of New
Police Station) and that the total sum of$4,000,000.00 is hereby appropriated for
completing the design, construction, originally equipping and furnishing of a New
Police Station, including 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 the sum of$3,400,000.00 under and
pursuant to Chapter 44 of the General Laws, and/or any other enabling authority and to
issue bonds or notes of the Town therefor and transfer the sum of$585,000.00 from
Free Cash for this purpose; that the additional sum of Fifteen Thousand ($15,000.00)
Dollars is hereby transferred from Free Cash for the purpose of paying for the
preparation, issuance and marketing of bonds and notes issued hereunder and for
paying interest on temporary notes issued in anticipation thereof provided, however,
that a favorable vote under this Article shall have no effect unless the Town votes at a
regular or special election to exempt the amounts required to pay the bonds or notes
authorized hereunder from the Limitations of Proposition 2 V2, so called.
ACTION: ADOPTED YES 301 NO 114
}
COUNCIL ON AGING/OLD TOWN HALL ROOF REPLACEMENT
ARTICLE 13: To see if the Town will vote to transfer from available
funds a sum of money to pay for replacing the roof and performing related repairs to
the Council on Aging/Old Town Hall Building, and to authorize the Town
Administrator to solicit bids and/or proposals, enter into contracts and expend said
funds for this purpose, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 13 (Council on Aging/Old
Town Hall Building Roof Replacement) as printed in the Warrant and to transfer the
sum of$12,000.00 from Free Cash for this purpose.
MOTION: I move that the Town vote to amend the motion for Article 13 (Council on
Aging/Old Town Hall Building Roof Replacement) to substitute a wood shingle roof for
the architectural asphalt shingle roof and to transfer the sum of$40,000.00 from free
Cash for this purpose.
Rn
ACTION: AMENDMENT DEFEATED
ACTION: MAIN MOTION ADOPTED µ.
AMENDMENT OF SPECIAL LEGISLATION/CAPTAINS GOLF COURSE
ARTICLE 14: To see if the Town will vote to authorize the Board of
Selectmen to petition the General Court to enact the following partial repeal of special
legislation pertaining to the financing and finances of the golf course.
SECTION 1. Chapter 182 of the Acts of 1997 is hereby
amended by striking section 2 therefrom.
SECTION 2. This act shall take effect on June 30, 2000.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Fw
9
MOTION: I move that the Town vote to approve Article 14 (Amendment of Special
Legislation/Captains Golf Course) as printed in the Warrant.
ACTION: ADOPTED UNANIMOUSLY
PROPERTY TAX VOUCHER SYSTEM ACCOUNT
ARTICLE 15: To see if the Town will vote to establish a property tax
work voucher system, where income eligible Brewster residents will perform services
L for the Town, in exchange for compensation, which will be used for the payment of
property taxes, and to transfer from available funds the sum of FIVE THOUSAND
AND 00/100 ($5,000.00)DOLLARS to the Council on Aging Property Tax Voucher
Account to fund this program, or to take any other action relative thereto.
(Majority Vote Required) (Council on Aging and Board of Assessors)
MOTION: I move that the Town vote to approve Article 15 (Property Tax Voucher
System Account) as printed in the Warrant and to transfer the sum of$5,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED
TOWN CODE SOFTWARE PROGRAM AND ELECTIONS SOFTWARE
MAINTENANCE EXPENSE
ARTICLE 16: To see if the Town will vote to transfer from available
funds the sum of THREE THOUSAND AND 00/100 ($3,000.00)DOLLARS for the
following purposes:
L
(1) To allow the Town Code to be established on a CD-ROM retrieval
software program ($2,300.00),
(2) To fund annual maintenance costs for the elections software
($700.00),
and to authorize the Town Clerk to solicit bids and/or proposals, enter into contracts
and expend said funds for this purpose, or to take any other action relative thereto.
(Majority Vote Required) (Town Clerk)
MOTION: I move that the Town vote to approve Article 16 (Town Code Software
Program and Elections Software Maintenance Expense) as printed in the warrant and to
transfer the sum of$3,000.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
PUBLICATION OF AMENDMENTS TO BREWSTER TOWN CODE
L ARTICLE 17: To see if the Town will vote to transfer from available
funds the sum of EIGHTEEN HUNDRED AND 00/100 ($1,800.00) DOLLARS for
publication expenses associated with the printing of various amendments to the
Brewster Town Code and to authorize the Town Clerk to solicit bids and/or proposals,
enter into a contract or contracts and expend said funds for this purpose, or to take any
other action relative thereto.
(Majority Vote Required) (Town Clerk)
MOTION: I move that the Town vote to approve Article 17 (Publication of
Amendments to Brewster Town Code) as printed in the Warrant and to transfer the sum
of$1,800.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
CEMETERY COMMISSION
ARTICLE 18: To see if the Town will vote to ask the Selectmen
to appoint a Cemetery Commission with three (3) members having staggered three (3)
year terms and to ask the Selectmen to place on the ballot for the next annual town
election the question, "Shall the town vote to have its Selectmen appoint Cemetery
Commissioners?", or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: Moved to indefinitely postpone
ACTION: ADOPTED UNANIMOUSLY TO INDEFINITELY POSTPONE
WATER BETTERMENT/WILLIAMS DRIVE
ARTICLE 19: To see if the Town will vote to authorize the Board of
Selectmen to acquire by gift, by purchase, or by eminent domain all water easement
rights needed to install a water main with eight inch (8") pipe approximately nine
hundred and twenty (920') feet on Williams Drive from Route 6A in the Town of
Brewster; to authorize the Board of Water Commissioners to extend this water main in
this fashion after the Water Commissioners have determined that the requirements of
the Brewster Water Betterment Assessment Program have been satisfied; to transfer
from available funds a sum of money to defray the initial costs of this project; 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 8
and any other enabling authority and to issue notes and bonds of the Town therefor in
order to finance the total cost of acquisition, engineering, construction, reconstruction,
and any related and incidental expenses authorized hereby; to transfer from available
funds a sum of money for the purpose of paying interest on the notes issued in
anticipation thereof; and to transfer from available funds raised through the betterment
thereof; and to transfer from available funds raised through the betterment assessment
of abutting landowners the Town's costs and expenses for this project, or to take any
other action relative thereto.
(Two-Thirds Vote Required) (Water Commissioners)
MOTION: I move that the Town vote to approve Article 19 (Williams Drive Water
Betterment) as printed in the Warrant and that the Board of Selectmen is hereby
authorized to acquire by gift, by purchase, or by eminent domain all water easement
rights needed to install a water main with an eight inch (8") pipe, approximately nine
hundred and twenty feet (920') on Williams Drive from Route 6A in the Town of
Brewster; that the Board of Water Commissioners is hereby authorized to extend this
water main in this fashion after the Water commissioners have determined that the
requirements of the Brewster Water Betterment Assessment Program have been
satisfied; that to finance the costs of this project, including the payment of all costs
incidental and related thereto, the Town Treasurer, with the approval of the Board of
Selectmen is hereby authorized to borrow the sum of Forty-six Thousand and 00/100
($46,000.00) Dollars under and pursuant to Chapter 44 of the Massachusetts General
Laws, or any other enabling authority, and to issue bonds or notes of the town therefor.
ACTION: ADOPTED UNANIMOUSLY
'rye
GENERAL BYLAW AMENDMENT ON WATER CONSERVATION
ARTICLE 20: To see if the Town will vote to amend the Code of the
Town of Brewster to create a new Bylaw to be referred to as Chapter 112, Article 1,
as follows:
Section 1 Authority
This bylaw is adopted by the Town under its police powers to
protect public health and welfare and its powers under
Massachusetts Generals Laws Chapter 40, Section 21 et seg. and
implements the Town's authority to regulate water use pursuant
to Massachusetts General Laws Chapter 41, Section 69B. This
bylaw also implements the Town's authority under Massachusetts
General Laws Chapter 40, Section 41A, conditioned upon a
declaration of water supply emergency issued by the Department
of Environmental Protection.
Section 2 Purpose
The purpose of this bylaw is to protect, preserve and maintain the
public health, safety and welfare whenever there is, in force, a
State of Water Supply Conservation or State of Water Supply
Emergency by providing for enforcement of any duly imposed
restrictions, requirements, provisions or conditions imposed by
the Town or by the Department of Environmental Protection.
Section 3 Definitions
Person shall mean any individual, corporation trust, partnership
or association, or other entity.
State of Water Supply Emergency shall mean a State of Water
Supply Emergency declared by the Department of Environmental
Protection under Massachusetts General Laws Chapter Chapter
21G, Sections 15-17.
State of Water Supply Conservation shall mean a State of
Water Supply Conservation declared by the Town pursuant to
Section 4 of this bylaw.
Water Users or Water Consumers shall mean all public and
private users of the Town's public water system, irrespective of
any person's responsibility for billing purposes for water used at
any particular facility.
Section 4 Declaration of a State of Water Supply Conservation
The Town, through its Board of Water Commissioners, may
declare a State of Water Supply Conservation upon a
determination by a majority vote of the Board that a shortage of
water exists and conservation measures are appropriate to ensure
an adequate supply of water to all water consumers. Public
notice of a State of Water Conservation shall be given under
Section 6 of this bylaw before it may be enforced.
Section 5 Restricted Water Uses
A. Declaration of a State of Water Supply Conservation shall
include one or more of the following restrictions,
conditions, or requirements limiting the use of water as
necessary to protect the water supply. The applicable
restrictions, conditions or requirements shall be included
in the public notice required under Section 6.
a) Odd/Even Day Outdoor Watering
Outdoor watering by water users with odd
numbered addresses is restricted to odd numbered
days. Outdoor watering by water users with even
numbered addresses is restricted to even numbered
days. Commercial, condominium and other
multiple properties held under common ownership
or management will be assigned an odd or even
designation in writing by the Water Department.
b) Outdoor Watering Ban
Outdoor watering is prohibited.
c) Outdoor Watering Hours
Outdoor watering is permitted only during daily
periods of low demand, to be specified in the
declaration of a State of Water Supply
Conservation and public notice thereof.
d) Filling Swimming Pools
Filling of swimming pools is prohibited.
e) Automatic Sprinkler Use
The use of automatic sprinkler systems is
prohibited.
Section 6 Public Notification of a State of Water Supply Conservation;
Notification of DEP
Notification of any provision, restriction, requirement or
condition imposed by the Town as part of a State of Water Supply
Conservation shall be published in a newspaper of general
circulation within the Town, or by such other means reasonably
calculated to reach and inform all users of water of the State of
Water Supply Conservation. Any restriction imposed under
Section 5 shall not be effective until such notification is provided.
Notification of the State of Water Supply Conservation shall also
be simultaneously provided to the Massachusetts Department of
Environmental Protection.
Section 7 Termination of a State of Water Supply Conservation; Notice
A State of Water Supply Conservation may be terminated by a
majority vote of the Board of Water Commissioners, upon a
determination that the water supply shortage no longer exists.
Public notification of the termination of a State of Water Supply
Conservation shall be given in the same manner required by
Section 6.
Section 8 State of Water Supply Emergency; Compliance with DEP
Orders
Upon notification to the public that a declaration of a State of
Water Supply Emergency has been issued by the Department of
Environmental Protection, no person shall violate any provision,
restriction, requirement, condition of any order approved or
issued by the Department intended to bring about an end to the
1 State of Emergency.
Section 9 Penalties
This by-law shall be enforced by the Superintendent of the Water
Department, by any member of the Board of Water
Commissioners, or by any member of the Police Department.
Any person who violates this by-law shall be sanctioned by a fine
of$50.00 for the first violation and by a fine of$100.00 for
subsequent violation. Each day of a violation shall constitute a
separate offense. Fines shall be recovered by the Town Clerk's
Office.
Section 10 Severability
The invalidity of any portion or provision of this bylaw shall not
invalidate any other portion or provision thereof.
or to take any other action relative thereto.
L (Majority Vote Required) (Water Commissioners)
MOTION: I move that the Town vote to approve Article 20 (General bylaw
amendment/Water conservation) as printed in the Warrant.
MOTION: I move to amend Article 20, General Bylaw amendment/water conservation
by removing Section 9 Penalties as printed in the Warrant and substituting the
following new paragraph:
Section 9 Penalties
This bylaw shall be enforced by the Superintendent of the Water Department, by any
member of the Water Commissioners, or by any member of the Police Department.
Any person who violates this bylaw shall receive a written warning which shall include
the current restrictions and penalties. Any person who violates this bylaw after
receiving a written warning shall be sanctioned by a fine of$50.00 and by a fine of
$100.00 for subsequent violation. Each day of a violation shall constitute a separate
offense. Fines shall be recovered by the Town Clerk's Office.
MOTION: I move that the Town vote to strike the term "Superintendent of the Water
L Department, by any member of the Board of Water Commissioners."
ACTION: DEFEATED
ACTION: AMENDED MAIN MOTION ADOPTED
GENRAL BYLAW AMENDMENT/PERSONAL MOTORIZED WATERCRAFT
ARTICLE 21: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts by adding the following general bylaw as Chapter 69, Article
III, Section 69-6:
Personal motorized watercraft, such as jet skis, shall not be launched from any
Town-owned property abutting fresh water ponds;
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 21 (General Bylaw
Amendment/Personal Motorized Watercraft) as printed in the Warrant.
ACTION: ADOPTED
ZONING BYLAW AMENDMENT FOR SEPTIC OPERATIONS
ARTICLE 22: To see if the Town will vote to amend the Brewster
Zoning Bylaw by amending Chapter 179, Article I, Section 179-2, Defmitions,
Paragraph B. by adding, in the proper alphabetical sequence, four new definitions as
follows:
SEPTAGE - the solid and liquid waste material removed from septic tanks, ff
cesspools and sewage holding tanks.
SEPTAGE TRANSFER - The process of transferring septage from one wheeled
vehicle to another wheeled vehicle for transport to another location or
transferring septage from a wheeled vehicle to a holding tank or transferring
septage from a holding tank to a wheeled vehicle for further transport.
SEPTAGE TRANSFER STATION - An indoor or outdoor facility, of any
nature or design whatsoever, designed to perform or be the site of septic
transfer.
SEPTIC TANK CLEANING SERVICE - A business that removes septage by
using wheeled vehicles with pumping or vacuum systems and transports the
septage in the same vehicle to a facility which will accept septage for treatment
or processing with no intervening transfer to another wheeled vehicle.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
MOTION: I move that the Town vote to approve Article 22 (Zoning Bylaw
Amendment for Septic Operation) as printed in the Warrant.
ACTION: ADOPTED UNANIMOUSLY ''
ZONING BYLAW AMENDMENT FOR SEPTIC OPERATIONS
ARTICLE 23: To see if the Town will vote to amend the Brewster
Zoning Bylaw by amending Chapter 179, Article N, Use Regulations, Section 179-11,
Table of Uses by adding under Retail and Service three new categories as follows:
RR R-L R-M C-H V-B I MRD CT
31. Septic tank cleaning service - - - P - - - -
32. Septage transfers - - - - - - - -
1. Septage transfer station - - - - - - - -
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
MOTION: I move that the Town vote to approve Article 23 (zoning bylaw
Amendment for septic Operation) as printed in the Warrant.
ACTION: ADOPTED YES 248 NO 54
ZONING BYLAW AMENDMENT FOR SEPTIC OPERATIONS
ARTICLE 24: To see if the Town will vote to amend the Brewster
Zoning Bylaw by amending Chapter 179, Article N, Section 179-13, Regulations
LEffective In All Districts, by adding a new paragraph as follows:
C. No lot in Brewster shall be used for septage transfer, whether septage
transfer would be a principal use or an accessory use, nor shall any lot in
Brewster be used for a septage transfer station, whether such use would
be a principal use or an accessory use.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
MOTION: I move that the Town vote to approve Article 24 (Zoning Bylaw
amendment for Septic Operation) as printed in the Warrant.
ACTION: ADOPTED YES 290 NO 11
LONG POND MANAGEMENT PLAN
ARTICLE 25: To see if the Town will vote to transfer the sum of TEN
L THOUSAND AND 00/100 ($10,000.00)DOLLARS from available funds for the
development of a management plan for Long Pond, in cooperation with the Town of
Harwich and the Cape Cod Commission, and to authorize the Department of Natural
Resources to solicit bids, enter into contracts, and to expend said funds; furthermore, to
authorize the Board of Selectmen to apply for and accept grant proceeds for this
purpose, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 25 (Long Pond Management
Plan) as printed in the Warrant and to transfer the sum of$10,000.00 from Free Cash
for this purpose.
ACTION: ADOPTED UNANIMOUSLY
AMBULANCE BILLING SERVICES
ARTICLE 26: To see if the Town will vote to transfer the sum of
SEVEN THOUSAND AND 00/100 ($7,000.00)DOLLARS from the Ambulance
Receipts Reserved for Appropriation Account for expenses relative to the ambulance
billing service, said funds will be spent under the direction of the Fire Chief, or to take
any other action relative thereto.
(Majority Vote Required) (Fire Department)
MOTION: I move that the Town vote to approve Article 26 (Ambulance Billing
Services) as printed in the Warrant and to transfer the sum of$7,000.00 from the
Ambulance Receipts Reserved for Appropriation account for this purpose.
ACTION: ADOPTED UNANIMOUSLY
BLUEBERRY POND DRIVE ROAD BETTERMENT EXPENSES
ARTICLE 27: To see if the Town will vote to transfer from available
funds the sum of TWENTY THOUSAND AND TEN AND 00/100 ($20,010.00)
�3.
DOLLARS to pay principal and interest payment expenses for the Blueberry Pond
Drive road betterment project for Fiscal Year 2000, or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 27 (Blueberry Pond Drive
Road Betterment Expense) as printed in the Warrant and to transfer the sum of
$20,010.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
COMMONWEALTH ELECTRIC UTILITY EASEMENT
ra
ARTICLE 28: To see if the Town will authorize the Board of Selectmen
to grant the Commonwealth Electric Company an easement to install and maintain an
underground electric system on Town-owned property to provide service to the
Captains Golf Course, or to take any other action relative thereto.
ry.
(Two-Thirds Vote Required) (Board of Selectmen)
MOTION: Moved to indefinitely postpone Article 28
ACTION: ADOPTED TO INDEFINITELY POSTPONE
REPAIR AND RESURFACE TOWN ROADS/CHAPTER 90 FUNDS
ARTICLE 29: To see if the Town will vote to appropriate from available funds
the sum of EIGHTY-TWO THOUSAND TWO HUNDRED TWENTY-ONE AND
34/100 ($82,221.34) DOLLARS under Chapter 53 of the Acts of 1999 as provided
under Chapter 90 of the Massachusetts General Laws for local roads and highways,
said funds shall be expended under the direction of the Board of Selectmen, or to take
any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: MOTION TO INDEFINITELY POSTPONE
ACTION: ADOPTED TO INDEFINITELY POSTPONE
FUNDING FOR THE BICENTENNIAL CELEBRATION
ARTICLE 30: To see if the Town will vote to transfer from available funds the sum of
THREE THOUSAND AND 00/100 ($3,000.00) DOLLARS to fund various clerical,
support and associated expenses for the Bicentennial Celebration, or to take any other
action relative thereto.
(Majority Vote Required) (Special Events Committee)
MOTION: I move that the Town vote to approve Article 30 (Funding for the
Bicentennial Celebration) as printed in the Warrant and to transfer the sum of
$3,000.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
RECISION OF DEBT AUTHORIZATION
LARTICLE 31: To see if the Town will vote to rescind its authority to
issue the bonds and notes authorized by the vote rendered under Article 28 of the 1999
Annual Town Meeting (Highlands Subdivision Roads Betterment Project), or to take
any another action relative thereto.
(Board of Selectmen)
MOTION: I move that the town vote to approve Article 31 (Recision of Debt
Authorization) as printed in the Warrant.
ACTION: DEFEATED
ELLIS LANDING DRAINAGE PROJECT
ARTICLE 32: To see if the Town will vote to transfer the sum of
FOURTEEN THOUSAND AND 00/100($14,000.00)DOLLARS from available funds
for a stormwater remediation improvement project at Ellis Landing, and to authorize
the Department of Natural Resources to solicit bids, enter into contracts, and expend
these funds for this project, and furthermore, to authorize the Board of Selectmen to
apply for and accept grant proceeds for this purpose, or to take any other action relative
thereto.
L
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 32 (Ellis Landing Drainage
Project) as printed in the Warrant and that the Town vote to transfer the sum of
$14,000.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
ANY OTHER BUSINESS
ARTICLE 33: 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 UNANIMOUSLY
MEETING ADJOURNED at 10:45 p.m.
A TRUE COPY ATTEST:
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aban K. Cole
Town Clerk
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