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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 ?rk 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: gea44 e. aban K. Cole Town Clerk �15a Ya >t� ^FY { �a+ +mot S". f'.