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HomeMy Public PortalAbout2024-05-11 Annual Town Meeting Warrant TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 Barnstable, ss To: Roland W. Bassett,Jr. Constable of the Town of Brewster Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet in the Cafetorium at the Stony Brook Elementary School, 384 Underpass Road, on Saturday, May 11, 2024, next, at 1 p.m. o'clock in the afternoon, then and there to act upon the following articles: OUTSTANDING OBLIGATIONS ARTICLE NO. 1: To see what sums the Town will vote to appropriate from available funds for the payment of unpaid obligations from previous fiscal years, including any bills now on overdraft: Department Outstanding Obligations Amount a. Golf Department Columbia Laboratories $615.00 Total $615.00 or to take any other action relative thereto. (Select Board) (Four-Fifths Vote Required) BUDGETARY TRANSFERS ARTICLE NO. 2: To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2024 General Fund operating budget from other line items of said budget and from other available funds: FROM TO AMOUNT a. Ambulance Receipts Fire Department Overtime $150,000 Total $150,000 or to take any other action relative thereto. (Select Board) (Majority Vote Required) CAPE COD REGIONAL TECHNICAL HIGH SCHOOL OPERATING BUDGET ARTICLE NO. 3: To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray Cape Cod Regional Technical High School charges and expenses for the Fiscal Year ending June 30, 2025, as follows: DEPARTMENT EXPENDED APPROPRIATED REQUESTED L -FY2023 FY2024 FY2025 — 11. CAPE COD TECH 1 963,235 992,867 1,025,821 ASSESSMENT DEBT ASSESSMENT F 441,653 TOTAL ASSESSMENT—� 1,512,696 1,464,365 1,467,474 or to take any other action relative thereto. (Cape Cod Technical School Committee) (Majority Vote Required) Page 1 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 ELEMENTARY SCHOOLS BUDGET ARTICLE NO. 4: To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray the Elementary Schools' charges and expenses, for the Fiscal Year ending June 30, 2025, as follows: DEPARTMENT EXPENDED APPROPRIATED REQUESTED FY2023 FY2024 FY2025 ELEMENTARY SCHOOL 8,191,674 8,474,932 9,187,442 BUDGET SCHOOL FRINGE BENEFITS 2,114,070 2,280,746 2,531,631 I TOTAL ELEMENTARY 10,305,744 10,755,678 11,719,073 SCHOOL BUDGET (ARTICLE 4) F ELEMENTARY SCHOOL 0 316,878 758,091 BUDGET OVERRIDE � (ARTICLE 5) TOTAL ELEMENTARY 10,305,744 11,072,556 12,477,164 SCHOOL BUDGET (ARTICLES 4+ 5) or to take any other action relative thereto. (Elementary School Committee) (Majority Vote Required) ELEMENTARY SCHOOLS OPERATING OVERRIDE ARTICLE NO. 5: To see if the Town will vote to raise and appropriate the sum of $758,091 to defray the Elementary Schools' charges and expenses, for the Fiscal Year ending June 30, 2025, provided however that such appropriation shall be expressly contingent upon approval by the Town at a Regular or Special Election to authorize such sums to be raised outside the limits of General Laws Chapter 59 Section 21C, Paragraphs (g) and (m) (Proposition 2% so called), or to take any other action relative thereto. (Elementary School Committee) (Majority Vote Required) NAUSET REGIONAL SCHOOLS OPERATING BUDGET ARTICLE NO. 6: To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray the Nauset Regional School District charges and expenses for the Fiscal Year ending June 30, 2025, as follows: DEPARTMENT EXPENDED APPROPRIATED REQUESTED FY, FY2024 FY2025 NAUSET OPERATING 12,222,619 12,711,524 13,526,296 ASSESSMENT NAUSET DEBT 139,228 2,194,957 3,492,908 ASSESSMENT TOTAL NAUSET 12,361,847 j 14,906,481 17,019,204 ASSESSMENT (ARTICLE 6) NAUSET OVERRIDE 0 647,720 0 TOTAL NAUSET 12,361,847 15,554,201 17,019,204 ASSESSMENT � J Page 2 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 or to take any other action relative thereto. (Nauset Regional School Committee) (Majority Vote Required) TOWN OPERATING BUDGET ARTICLE NO. 7: To see what sums the Town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute, for the purposes of supporting the offices, departments, boards, and commissions of the Town of Brewster for Fiscal Year 2025, including authorization for lease purchases of up to five years, as follows: EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2023_ FY 2024 FY 2025 GENERAL GOVERNMENT Finance Committee 19,329 105,500 105,500 Assessors 146,594 161,716 175,464 Accounting 240,171 258,426 276,889 Treasurer/ 333,755 367,127 388,608 Collector Information 405,368 438,384 459,000 Technology Legal 82,982 172,026 135,300 Moderator 300 300 300 Planning 206,045 218,325 237,312 Select Board /Town 537,071 613,872 664,687 Administration Human Resources 150,887 175,766 196,636 Town Clerk 232,527 254,921 275,930 Public Buildings 278,830 295,125 360,077 SUBTOTAL GENERAL 2,633,859 3,061,488 3,275,703 GOVERNMENT PUBLIC SAFETY Building Department 392,540 431,967 466,334 Fire Department 3,130,647 3,273,347 3,403,173 Emergency 0 2,500 2,500 Management Natural Resources 460,763 515,732 546,710 Police Department 2,991,215 3,101,642 3,425,671 Sealer of Weights & 9,691 9,934 10,234 Measures SUBTOTAL PUBLIC 6,984,856 7,335,122 7,854,622 SAFETY PUBLIC WORKS Public Works 2,017,822 2,280,016 2,521,255 Snow & Ice Removal 83,870 173,410 178,616 Streetlights 2,627 5,515 5,515 SUBTOTAL PUBLIC 2,104,319 2,458,941 2,705,386 WORKS Page 3 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT _ MAY 11TH, 2024 EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2023 FY 2024 FY 2025 HUMAN SERVICES Council on Aging 375,475 392,572 433,401 Board of Health 257,837 315,248 337,437 Veteran's Services 82,140 101,693 106,205 Public Assistance 136,950 146,070 159,481 SUBTOTAL HUMAN 852,402 955,583 1,036,524 SERVICES CULTURE & RECREATION Brewster Ladies 711,558 765,424 825,586 Library Recreation 223,912 254,337 300,041 Parades & Events 0 1,500 5,000 SUBTOTAL CULTURE 935,470 1,021,261 1,130,627 & RECREATION DEBT SERVICE Principal & Interest 3,312,197 2,957,645 2,855,581 SUBTOTAL DEBT 3,312,197 2,957,645 2,855,581 SERVICE INSURANCE, UTILITIES & FRINGE BENEFITS General Insurance 434,960 561,201 589,264 Utilities 495,726 538,784 629,113 Fringe Benefits 4,154,606 5,169,307 5,149,166 SUBTOTAL 5,085,292 6,269,292 6,367,543 INSURANCE& FRINGE OTHER OPERATING EXPENSES & ASSESSMENTS Assessments 29,271 31,467 33,891 Alewives 3,300 4,350 4,350 Local Service Funding 40,000 48,000 50,500 Transfer to Capital 187,500 250,000 262,500 Stabilization Transfer to General 0 0 0 Stabilization Transfer to Housing 375,000 500,000 525,000 Trust Transfer to OPEB 267,000 267,000 264,000 Trust Transfer to Brewster 100,000 0 0 Elementary Schools SPED Stabilization Transfer to Water 112,500 150,000 157,500 Quality Capital Stabilization SUBTOTAL OTHER 1,114,571 1,250,817 1,297,741 OPERATING EXPENSE &ASSESSMENTS GRAND TOTAL OF 23,022,966 25,310,149 26,523,727 GENERALFUND OPERATING BUDGETS Page 4 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 or to take any other action relative thereto. (Select Board) (Majority Vote Required) WATER DEPARTMENT ENTERPRISE FUND OPERATING BUDGET ARTICLE NO. 8: To see if the Town will vote, in accordance with General Law Chapter 44 Section 53F%, to appropriate from Water Department receipts, transfer from available funds or otherwise fund the sum of TWO MILLION NINE HUNDRED EIGHTY SIX THOUSAND ONE HUNDRED FORTY FOUR DOLLARS ($2,986,144) for Fiscal Year 2025 costs associated with the operation of the Water Department including, but not limited to acquiring professional services and equipment, personnel and maintaining facilities and operations, including authorization for lease purchases of up to five years; all expenditures to be made by the Water Department, subject to the approval of the Town Manager, or to take any other action relative thereto. (Select Board) (Majority Vote Required) GOLF DEPARTMENT ENTERPRISE FUND OPERATING BUDGET ARTICLE NO. 9: To see if the Town will vote to appropriate from the Golf Fund, in accordance with General Law Chapter 44 Section 53F%, the sum of FOUR MILLION SIX HUNDRED AND SIX THOUSAND TWO HUNDRED THIRTY THREE DOLLARS ($4,606,233) for Fiscal Year 2025 costs associated with Golf Department related expenses including, but not limited to acquiring professional services and equipment, personnel and maintaining facilities and operations, including authorization for lease purchases of up to five years; all expenditures to be made by the Golf Department, subject to the approval of the Town Manager, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMUNITY PRESERVATION ACT FUNDING ARTICLE NO. 10: To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2025 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year, with each item considered a separate appropriation to be spent by the Community Preservation Committee, all as set forth below: FY25 Estimated Revenues a. Estimated FY25 tax surcharge $1,254,583 b. Estimated FY25 state contribution (20%) 5 250,857 c. FY25 Estimated Total: $1,505,140 FY25 Appropriations and Allocations a. Historic Preservation Reserve appropriation (10%) $ 150,514 b. Community Housing Reserve appropriation (10%) $ 150,514 c. Open Space/Recreation Reserve appropriation (10%) $ 150,514 d. Budgeted Reserve (65%) $ 978,341 e. Administrative Expense (Budgeted Reserve) ( 5%) $ 75,257 f. Designated Reserves for Open Space $ 32,094 g. Undesignated Fund Balance 102,08 h. Total $1,639,323 Purpose Item _ _1 Funding Source(s) Amount 1 Historic Preservation a. Designated Reserves for Transfer to reserve from Fiscal Year 2025 CPA $150,514 Historic Preservation estimated annual estimated annual revenues revenues in accordance with MGL Ch. 44B Sec. 6 Sub-total $150,514 Page 5 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 Purpose Item Funding Source(s) Amount 2 Community Housing a. Designated Reserves Transfer to reserve from Fiscal Year 2025 CPA $150,514 for Housing estimated annual estimated annual revenues revenues in accordance with MGL Ch. 44B Sec. 6 Sub-total $150,514 3 Open Space a. Community Preservation Payment of debt $150,514 from Fiscal Year $182,608 Bonded Debt Service principal and interest 2025 CPA estimated annual for the BBJ Property, & revenues and $32,094 from Bates Property bonds Designated Reserves for Open Space Sub-total $182,608 4 Budgeted Reserve a. Administration Expense Administration and Fiscal Year 2025 CPA $75,257 operating expenses for estimated annual Community revenues Preservation Committee b. Designated for Budgeted Transfer to reserve from Fiscal Year 2025 CPA $978,341 Reserve estimated annual estimated annual revenues in accordance revenues with MGL Ch. 44B Sec. 6 I Sub-total $1,053,598 5 Undesignated Fund Balance _ a. Community 2 Years of funding for Undesignated Balance $20,000 Development Cape Housing Institute CPA Reserves Partnership (CDP) b. Town of Brewster Payroll and operating Undesignated Balance $74,589 Administration- Housing costs for Housing CPA Reserves Coordinator Coordinator position to assist public with affordable housing program c. Nauset Together We Can Renovations to Finch Undesignated Balance $7,500 Prevention Council, Inc. Skateboard Park in CPA Reserves Orleans Sub-total $102,089 Grand Total $1,639,323 For Fiscal Year 2025 Community Preservation purposes, each item is considered a separate appropriation to be spent by the Community Preservation Committee; provided however, that the above expenditures may be conditional on the grant or acceptance of appropriate historic preservation restrictions for historic resources, open space restrictions for open space reserves, and housing restrictions for community housing, running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures, meeting the requirements of G.L. c.184 and G.L. c.44B, Section 12, and/or a grant agreement and to authorize the Select Board to convey or accept such restrictions and enter in grant agreements as needed; And further, any revenues received in excess of the estimated receipts are transferred to their respective reserve fund balance(s) for future appropriation using the allocation formula of 10% Open Space/Recreation, 10% Housing, 10% Historical, and 70%for Budgeted Reserve for CPA. Or to take any other action relative thereto. (Community Preservation Committee) (Majority Vote Required) Page 6 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 CONSERVATION RESTRICTION ACQUISITION: 0 & 3571 MAIN STREET ARTICLE NO. 11: To see if the Town will vote to authorize the Select Board to acquire by purchase, gift, and/or eminent domain, and acting pursuant to the provisions of General Laws Chapter 40, Section 8C, and Article 97 of the Amendments to the Massachusetts Constitution, a perpetual conservation restriction under General Laws Chapter 184, Sections 31 through 33, on a parcel of land designated on Brewster Assessors' Map 126 as Parcels 4, 5, and 9, located at 0 Main Street, and a portion of the parcel currently designated on the Brewster Assessors' Map 114 as Parcel 60, located at the rear of 3571 Main Street in Brewster, which parcels contain a total of 12.36 acres and are shown on a plan of land entitled, "Survey and Plan of Land in Brewster, Mass, as claimed by Washington E. & Mary F Chase, Scale I in = 60 ft. March 10, 1989, East Cape Engineering, Orleans MA" and recorded in the Barnstable County Registry of Deeds as Plan Book 459, Page 75, and as more particularly shown as Lot 2 and Lot 3 on a plan of land entitled, "Lot Study Sketch for Property at 3571 Main St, Brewster, MA 02631 Prepared for Brewster Conservation Trust, Scale 1 in. = 80 ft, July 3, 2023, Soule Land Surveying" a copy of which is on file with the Brewster Town Clerk, which conservation restriction shall be administered and enforced by the Conservation Commission under General Laws Chapter 40, Section 8C; to appropriate and transfer from available funds, including, without limitation, the Community Preservation Fund, the sum of Two Hundred Thirty Thousand and 00/100 Dollars ($230,000.00), of which $225,000 shall be used to pay the costs of this acquisition and $5,000 for all costs and expenses incidental and/or related thereto; and, further, authorize the Select Board and Conservation Commission to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town to effect this purchase and obtain reimbursement funding, or to take any other action relative thereto. (Community Preservation Committee) ( Majority Vote Required) CAPITAL AND SPECIAL PROJECTS EXPENDITURES ARTICLE NO. 12: To see what sums the Town will vote to raise and appropriate, transfer from available funds, or authorize the Town Treasurer to borrow under and pursuant to Massachusetts General Laws Chapter 44, Sections 7, 7(1), or 8, or any other enabling authority, for the capital outlay expenditures listed below, including, in each case, all incidental and related costs, to be expended by the Town Manager, except School expenditures to be made by the School Superintendent with the approval of the School Committee; authorize leases and lease purchase agreements for more than three but not more than five years for those items to be leased or lease purchased, and further that the Town Manager with the approval of the Select Board or School Superintendent with the approval of the School Committee for school items, be authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced, all as set forth below: Or to take any other action relative thereto. (Select Board) (Majority Vote Required) Department Item Funding Amount Source(s)/ Appropriation or Transfer 1 Select Board a. Integrated Water Professional services and Re-appropriate $150,000 Resource Planning & costs for preparing studies, existing article Implementation engineering, and & Free Cash coordinating water resource management planning and implementation b. Nauset Elementary School Professional services and Free Cash $100,000 Regionalization & costs for developing a Efficiency Study feasibility study with the Towns of Orleans, Eastham, and/or Wellfleet identifying potential efficiencies across the five Nauset elementary schools and middle school Sub-Total $250,000 Page 7 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 Department Item Funding Amount Source(s)/ Appropriation or Transfer 2 Elementary School Department a. Combined Technology Ongoing information Free Cash $40,000 technology system and equipment improvements at Eddy & Stony Brook Elementary Schools b. Combined Professional services and Free Cash $10,000 HVAC/Plumbing/Electrical costs for upgrades, repairs Repairs & replacement of HVAC, plumbing, and electrical systems at Eddy & Stony Brook Elementary Schools c. Combined Painting Professional services and Free Cash $20,000 costs for interior/exterior painting at Eddy & Stony Brook Elementary Schools _ d. Combined Security Professional services and Free Cash $20,000 costs for upgrades to security systems at Eddy & Stony Brook Elementary Schools e. Stony Brook Flooring Professional services and Free Cash $40,000 Replacement costs for replacing flooring at the Stony Brook Elementary Schools f. Stony Brook Hazardous Professional services and Free Cash $25,000 Waste Abatement costs for abating hazardous waste materials at the Stony Brook Elementary School g. Combined Textbooks Professional services and Free Cash $50,000 costs for textbooks and related educational materials Sub-Total $205,000 3 Nauset Regional School District a. Nauset Region Annual Professional services and Tax Levy $279,645 Capital Allocation costs, including procuring, engineering, permitting, repairing and maintaining buildings, grounds, and equipment within the Nauset Middle School and Nauset High School Sub-Total 279,645 4 Natural Resources a. Fire Panel Replacement Costs for goods, materials, Re-appropriate $22,000 and professional services to existing maintain, repair, and/or articles & Free upgrade the fire panel at Cash the Natural Resources Building Sub-Total $22,000 Page 8 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT _ MAY 11TH, 2024 Department Item Funding Amount Source(s)/ Appropriation or Transfer 5 Media Services a. Camera Upgrade (Meeting Costs for goods, materials, Cable Fund $17,500 Room A) and professional services to maintain, repair, and/or upgrade AV systems in Town Hall Sub-Total $17,500 6 Water Department a. Distribution Infrastructure Costs for goods, materials, Water $50,000 and professional services to Retained maintain, repair, and Earnings upgrade the Town's water distribution system b. Buildings &Treatment Costs for goods, materials, Water $50,000 Facilities and professional services to Retained maintain, repair, and/or Earnings upgrade the Water Department's buildings and treatment facilities c. Master Plan Update Costs for materials and Water $327,066 professional services to Retained develop a master plan Earnings Sub-Total $427,066 7 Department of Public Works a. MS4 Stormwater Costs for goods, materials, Free Cash $60,000 Compliance and professional services associated with MS4 stormwater compliance Sub-Total $60,000 8 Facilities a. Meeting Room Divider Costs for goods and Free Cash $40,000 Wall materials to replace the wall divider in Town Hall meeting rooms Sub-Total $40,000 9 Library a. Auditorium AV Upgrade Costs for goods, materials, Cable Fund $10,000 and professional services to maintain, repair, and/or upgrade Library AV systems b. Facility Evaluation Costs for professional Free Cash $30,000 services for a facility conditions assessment c. Building Safety & Security Costs for goods, materials, Free Cash $25,000 Improvements and professional services to complete safety and security improvements at the library Sub-Total $65,000 10 Recreation Department a. Guard Rail Replacement Costs for good and Free Cash $20,000 (Freemans Way Fields) materials to replace wood guardrails at Freemans Fields complex Sub-Total $20,000 Page 9 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 Department Item Funding i Amount Source(s)/ Appropriation or Transfer 11 Fire Department a. Personal Protective Costs for personal Ambulance $50,000 Equipment protective equipment and Receipts gear for fire, special operations, hazardous material, EMS, and rescue responses Sub-Total $50,000 Grand Total $1,436,211 Or to take any other action relative thereto. (Select Board) (Majority Vote Required) OVERLAY APPROPRIATION: PRESCHOOL FAMILY SUPPORT PILOT PROGRAM ARTICLE NO. 13: To see if the Town will vote to transfer the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) from available overlay funds, for the purpose of funding pre-school educational opportunities for the 3- and 4-year-old population within the Town of Brewster, including all expenses incidental and related thereto, or to take any other action relative thereto. (Select Board) (Majority Vote Required) SPECIAL REVENUE FUND: CABLE FRANCHISE FEE ACCOUNT ARTICLE NO. 14:To see if the Town will vote to appropriate the sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) from the Cable Franchise Fee Special Revenue Fund, for the purpose of offsetting costs associated with providing local cable television related purposes, including, but not limited to, the general public purpose of supporting and promoting public access to the Brewster cable television system; training in the use of local access equipment and facilities; access to community, municipal and educational meeting coverage; use and development of an institutional network and/or municipal information facilities; contracting with local cable programming services providers and/or any other appropriate cable related purposes, and including all incidental and related expenses, or to take any other action relative thereto. (Select Board) (Majority Vote Required) RECREATION REVOLVING FUND ARTICLE NO. 15: To see if the Town will vote pursuant to General Laws Chapter 44, Section 53E %, and Sections 21-5 through 21-8 of the Town of Brewster's General Bylaws ("Revolving Funds"), to increase the Fiscal Year expenditure limit for the Recreation Revolving Fund to $300,000, with such expenditure limit to be applicable from fiscal year to fiscal year, until such time as it may later be amended by Town Meeting, or to take any other action relative thereto. (Select Board) (Majority Vote Required) LOCAL OPTION: SENIOR TAX WORK-OFF DESIGNEE MGL CH 59, SEC 5K] ARTICLE NO. 16: To see if the Town will vote, pursuant to General Laws Chapter 59, Section 5K, Paragraph 3, Subclause (1), the so-called "Senior Tax Work-off Program," to adjust the exemption to allow an approved representative, for persons physically unable, to provide such services to the Town, or to take any other action relative thereto. (Select Board) (Majority Vote Required) Page 10 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 LOCAL OPTION: VETERANS TAX WORK-OFF DESIGNEE MGL CH 59 SEC 5N) ARTICLE NO. 17: To see if the Town will vote, pursuant to General Laws Chapter 59, Section 5N, Paragraph 3, Subclause (1), the so-called "Veterans Tax Work-off Program," to adjust the exemption to allow an approved representative, for persons physically unable, to provide such services to the Town, or to take any other action relative thereto. (Select Board) (Majority Vote Required) SEA CAMPS COMPREHENSIVE PLAN: BAY PROPERTY (3057 MAIN STREET) ARTICLE NO. 18: To see if the Town will vote to accept the comprehensive plan for the Bay Property previously owned by the Cape Cod Sea Camps located at 3057 Main Street, or to take any other action relative thereto. (Select Board) (Majority Vote Required) SEA CAMPS COMPREHENSIVE PLAN: POND PROPERTY (500 W.H. BESSE CARTWAY) ARTICLE NO. 19: To see if the Town will vote to accept the comprehensive plan for the Pond Property previously owned by the Cape Cod Sea Camps located at 500 W.B. Besse Cartway, or to take any other action relative thereto. (Select Board) (Majority Vote Required) TEMPORARY EASEMENTS: MILLSTONE ROAD IMPROVEMENT PROJECT ARTICLE NO. 20: To see if the Town will vote to authorize the Select Board to acquire, by eminent domain, temporary easements for the purpose of rehabilitating Millstone Road, including, without limitation, easements for right of way, utility, drainage, access, construction, and any and all purposes and uses incidental or related thereto, in, on, under, and across those parcels of land at or near Millstone Road, or to take any other action related thereto. (Select Board) (Majority Vote Required) PRIVATE ROAD BETTERMENT: VESPER POND NEIGHBORHOOD ARTICLE NO. 21: To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow a sum of money pursuant to General Laws Chapter 40, Sections 7 and 8, Chapter 297 of the Acts of 2002, Chapter 373 of the Acts of 2006, and/or any other enabling authority, said sum to be spent by the Town Manager with the approval of the Select Board, to finance temporary road repairs to the private ways known as Vesper Pond Drive, Mayflower Circle, Cranberry Lane, Deer Path Circle, Jam Lane, and Bay View Drive, including, without limitation, costs associated with engineering, construction, and reconstruction of said way, and costs incidental or related thereto, which costs shall be assessed by the Select Board as a betterment under General Laws Chapter 80, Section 1, on each parcel within the area benefiting from the improvement, all in compliance Brewster General Bylaws, Article VIII, Section 157-20, or to take any other action relative thereto. (Select Board) (Two-Thirds Vote Required) Page 11 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 DRUMMER BOY PARK ADVISORY COMMITTEE REPORT ARTICLE NO. 22: To see if Town will vote to accept the report of the Drummer Boy Park Advisory Committee or to take any other action relative thereto. (Select Board) (Majority Vote Required) CITIZENS PETITION: SHORT-TERM RENTAL REGISTRATION GENERAL BYLAW ARTICLE NO. 23: To see if the Town will vote to create a registration system for short-term rentals by adopting a new General Bylaw entitled "Chapter 180 — Short-Term Rental Registration," as printed below, or take any other action relative thereto. CHAPTER 180 SHORT-TERM RENTAL REGISTRATION § 180-1 Purpose A. To create a registration system for short-term rentals in order to protect the health, safety, and welfare of both the occupant(s) of those rental housing units and the general public, and to maintain the quality of life in residential neighborhoods in the Town. B. The bylaw seeks to provide for orderly operation of short-term rentals within the Town and prevent any negative impacts on neighborhood character, housing availability, house prices, availability of long- term rental units, and impacts on infrastructure systems such as sewer/water, parking, access, fire codes, and building code enforcement. C. The bylaw also seeks to provide a method for correcting violations when conditions warrant and to help enforce local and state laws, codes, and regulations. D. The bylaw seeks to create a registration system for short-term rentals so that accurate data about how many short-term rentals are operating within the Town may be gathered, as well as to ensure public health and safety. This would also provide data to the town on who operates short-term rentals within the town. E. Registrations would be subject to an annual fee that would cover costs of enforcement. Fines collected would be designated for use for enforcement costs in subsequent years. Registration fees would be set by the enforcing authority at a level sufficient to cover associated costs of enforcement and registration. § 180-2 Definitions. A. As used in this chapter, the following terms shall have the meanings indicated: "Corporation" is defined as any business or charitable entity that is required to file Articles of Incorporation and Annual Reports with the Massachusetts Secretary of State or an equivalent agency of another state, pursuant to G.L. c. 156D, § 2 or G.L. c. 180, § 4, respectively. "Dwelling" is defined by the Town of Brewster as a building containing three or more dwelling units. This definition includes "Dwelling, One Family Detached" and "Dwelling, One Family Security" (defined below). DWELLING, ONE FAMILY DETACHED: A single, separate dwelling unit, designed for occupancy by one family. [Added 5-7-2012 ATM, Art. 23] DWELLING, ONE FAMILY SECURITY: One family dwelling unit for owner occupancy or for occupancy by personnel hired by the owner for the protection of property and safe operation of a permitted use. [Added 5-7-2012 ATM, Art. 23] DWELLING UNIT: One or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping, eating, cooking and sanitation. Page 12 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 "Fit for winter habitation" refers to a dwelling unit that is suitable for habitation in the winter in so much as that it has a heating system and proper insulation. "Full-Time Resident" is defined as a person who either lives in Brewster for the entire tax year or who maintains a permanent place of abode in Brewster that they spend at least 183 days per year in, as attested by where the domicile of the responsible party is given according to tax records in the state of Massachusetts. From mass.gov, "Your domicile, or legal residence, is your true home or main residence. You may have multiple residences at one time, but only 1 domicile. You can't choose to make your home one place for general living purposes and in another for tax purposes. Your legal residence is usually where you maintain your most important family, social, economic, political, and religious ties, and it depends on all the facts and circumstances per case, including good faith." "Occupancy" is defined as the use or possession, or the right to the use or possession, of a room in a bed and breakfast establishment, hotel, lodging house or motel designed and normally used for sleeping and living purposes for a period of not more than 90 consecutive calendar days, regardless of whether such use and possession is as a lessee, tenant, guest or licensee, or the use or possession or the right to the use or possession of a room in a short term rental normally used for sleeping and living purposes for a period of not more than 31 consecutive calendar days, regardless of whether such use and possession is as a lessee, tenant, guest or licensee; provided, however, that "occupancy" shall include the right to the use or possession of the furnishings or the services and accommodations, including breakfast in a bed and breakfast establishment, accompanying the use and possession of such a room. § 1. Definitions, MA ST 64G § 1 "Occupant" is defined as a person who uses, possesses or has a right to use or possess a room in a bed and breakfast establishment, hotel, lodging house, short-term rental, or motel for rent under a lease, concession, permit, right of access, license or agreement. "Operator" is defined as a person operating a bed and breakfast establishment, hotel, lodging house, short-term rental, or motel in the Commonwealth including, but not limited to, the owner or proprietor of such premises, the lessee, sublessee, mortgagee in possession, licensee or any other person otherwise operating such bed and breakfast establishment, hotel, lodging house, short-term rental, or motel. "Operator's Agent" is defined as a person who on behalf of an operator of a bed and breakfast establishment, hotel, motel, short-term rental, or lodging house: (i) manages the operation or upkeep of a property offered for rent; or (ii) books reservations at a property offered for rent; provided, however, that an "operator's agent" shall include, but not be limited to, a property manager, property management company or real estate agent. "Owner" is defined as the duly authorized agent, attorney, purchaser, devisee, trustee, lessor or any person having vested or equitable interest in the use, structure, or lot in question. "Permanent Place of Abode" is defined as a dwelling place that someone, not necessarily the owner, continually maintains. This includes a place owned or leased by a spouse. This does not include a camp, military barracks and housing, dormitory room, hospital room or room in any other similar temporary institutional setting; a university owned studio apartment available only to a university affiliated student, faculty and staff; a dwelling place completely lacking both kitchen and bathing facilities, or a dwelling place that is not prepared for winter; a hotel or motel room (but facts and situational circumstances will be taken into account before deciding); dwelling place owned by someone who, during the term of a lease, leases it either to others not related to the owner or their spouse by blood or marriage, for at least 1 year, or where the individual has no right to occupy any portion of the premises and who does not use such premises as his or her mailing address during the term of the lease; dwelling place that is maintained only during a temporary stay in Massachusetts for accomplishing a particular documented purpose. A temporary stay is defined as a predetermined period of time not to exceed 1 year. "Person" is defined as an individual, partnership, trust or association, with or without transferable shares,joint-stock company, corporation, society, club, organization, institution, estate, receiver, trustee, assignee or referee and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, or any combination of individuals acting as a unit. Page 13 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 "Property Owner" is defined as any person who alone, or severally with others, has legal or equitable title or a beneficial interest in any dwelling unit; a mortgagee in possession; or agent, trustee, or other person appointed by the courts. "Short-Term Rental" is defined as an owner-occupied, tenant-occupied, or non-owner occupied property including, but not limited to, an apartment, house, cottage, condominium, or a furnished accommodation (such as a bedroom within a residential dwelling) that is not a hotel, motel, lodging house or bed and breakfast establishment, where: (i) at least 1 room or unit is rented (for a fee) to an occupant or sub-occupant for a period of not more than 31 consecutive calendar days; and (ii) all accommodations are reserved in advance; provided, however, that a private owner-occupied property shall be considered a single unit if leased or rented as such. Excludes hotels licensed under M.G.L. Chapter 140, section 6; motels licensed under M.G.L. Chapter 140, section 32B; lodging establishments licensed under M.G.L. Chapter 140, section 23. "Unfit for winter habitation" refers to a dwelling unit that is not suitable for habitation during the winter. in that the dwelling lacks a heating system and/or lacks proper insulation. § 180-3 Registration Requirements. A. Any property owner seeking to offer a short-term rental needs to register annually with the town of Brewster for a fee set by the enforcing authority. The fees collected are solely to pay for costs associated with enforcement, such as compliance software and any positions that need to be hired. All properties that are registered would need to be in compliance with local and state ordinances, zoning bylaws, and the State Sanitary Code. B. The registrants need to apply prior to Feb. 28 of each year, with the rental period running from Mar. 1 to Feb. 28 of the following year. Registrations are subject to annual renewal and fees. Registrations cannot be transferred to any other person, legal entity, or address. The registration shall be terminated upon sale or transfer of the property for which the registration has been issued. Properties purchased after Feb. 28 will not be able to obtain a short-term rental certificate for the current registration year; owners will be able to obtain short-term rental certificates for the following registration year. C. Each registrant is required to submit a sworn affidavit of compliance with their registration. The enforcing authority reserves the right to conduct inspections of properties to ensure compliance, including, but not limited to, when complaints have been made. D. All short-term rentals are required to include the town-issued registration certificate number on their listings. E. Contact information for the owner of a short-term rental shall be provided to the town with a current address and phone number, as well as an attestation that all persons' and entities with an ownership interest in the unit have been notified that a certificate of registration has been applied for. If the owner is a corporation (includes LLCs), the name, address, and phone number of the president and legal representative of the corporation shall be provided. If the owner is a realty trust or partnership, the name, address, and phone numbers of the managing trustee or partner shall be provided. F. The name and contact information of the operator, and the operator's agent if different from the operator, must be provided to ensure that the person can respond to any emergencies that arise during occupancy within 2 hours of contact by the Town's Health Division or Police or Fire Department to complaints regarding the condition or operation of the property. Contact information must include a phone number that is available 24/7 to occupants and the above-stated public safety agencies and the information shall be posted conspicuously in the unit. G. Operators will be responsible for trash removal after conclusion of an occupancy or once per week, whichever is more frequent. H. The maximum number of occupants in a short-term rental shall be 2 per bedroom, plus 2 additional occupants. I. Parking on-site shall be provided and must not impede traffic or traffic safety. Page 14 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 J. Rental Certificates may be suspended or revoked for violations of the bylaw, State Sanitary Code, or any other applicable General Law, regulation, or bylaw intended to protect public health, safety, and/or the environment. Additional conditions may be imposed on the Rental Certificate in lieu of suspension or revocation. § 180-4 [Reserved]. § 180-5 Violations; Enforcement. A. Violators will be subject to fines of$200 per day, with each day of the violation constituting a separate offense. Any short-term rental found to be operating without a rental certificate will be subject to these fines. Violations of this regulation will be subject to the Regulation of the Town of Brewster regarding non-criminal disposition, according to Massachusetts General Laws, Chapter 40, Section 21D, and the town of Brewster's bylaw concerning non-criminal disposition, where applicable. B. The enforcing and regulatory authority for the registration program is to be the Brewster Health Department. § 180-6 Effective Date. A. This bylaw shall take effect on January 1, 2025. (Citizens Petition) (Majority Vote Required) CITIZENS PETITION: SHORT-TERM RENTAL RESTRICTIONS GENERAL BYLAW ARTICLE NO. 24: To see if the Town will vote to limit the number of short-term rentals that a property owner can operate within the town of Brewster to one per property owner unless the property owner is a full-time resident of the town of Brewster, in which event they may then operate two properties as short-term rentals, and to amend Section 180-4 of the Town's General Bylaws accordingly by deleting the strikethrough language, and inserting the bold and underlined language, or take any other action relative thereto. CHAPTER 180 SHORT-TERM RENTAL REGISTRATION § 180-4 [ReseFved} Limitations; Maximum Number of Short-Term Rentals. A. A property owner can operate within the town of Brewster one Short-Term Rental per property owner unless the property owner is a full-time resident of the town of Brewster, in which event they may then operate two properties as short-term rentals. B. In the event that an owner has properties unfit for winter habitation in excess of the short-term rental limits 1 per non-resident 2 per Brewster resident an exception may be granted by the enforcing authority (Brewster Health Department) so that those properties may be registered as short-term rentals in excess of the limit if certain criteria are met. (1) To qualifV for an exception to the limit a property owner must only operate registered short- term rentals in properties that are unfit for winter habitation; no exception will be granted if a property owner has a registered short-term rental in a property that is fit for winter habitation. All short-term rentals must be registered in accordance with the b law. (2) An owner may only exceed the limit if all their registered short-term rental properties are properties that are unfit for winter habitation. If an owner has a registered short-term rental that is fit for winter habitation, they will not be eligible for an exception to the limit, even if their other registered properties are unfit for winter habitation (3) If an exception is granted, it can be revoked if the owner attempts to register a property fit for winter habitation as a short-term rental. The exception may be revoked at the discretion of the enforcing authority if the property owner violates any part of there bylaw. If an exception is granted, all properties unfit for winter habitation will still need to be registered as short-term rentals and will be sect to registration fees and all other parts of the registration bylaw. Page 15 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 C. Short-term rentals are prohibited in dwelling units owned by a corporation. Short-term rentals are permitted in dwelling units owned by an LLC,Trust, or S-Corp only when every shareholder, partner, or member of the legal entity is a natural person, as established by documentation provided by the applicant at time of registration. If any shareholder, partner, or member of the legal entity already has registered short-term rentals under their own name, those will count toward the limit for the legal entity they are trying to register with. (Citizens Petition) (Majority Vote Required) Page 16 of 17 TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT MAY 11TH, 2024 You are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting as aforesaid. Given er ourPand arYd Seat of the Town of Brewster affixed this 81" day of April, 2024. � r Ed rd B. Chatelain, Chair Mary W. haff Vice-Chair Kari Sue Hoffmann, erk Cy t is A. Bingham David C. Whitney I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Town Meeting of May 11, 2024 by posting attested copies thereof, in the following locations in the Town on thejaday of April, 2024. Brewster Town Offices Cafe Alfresco Brewster Ladies Library Brewster Pizza House The Brewster General Store Millstone Liquors U. S. Post Office r Roland W. Bassett, Jr. Const44e Page 17 of 17