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HomeMy Public PortalAbout2013-11-18-Special Town Mtg Warrant TOWN OF BREWSTER SPECIAL TOWN MEETING NOVEMBER 18, 2013 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 at the Stony Brook Elementary School Cafetorium on Monday, November 18, 2013, next, at 7:00 p.m. o'clock in the evening, then and there to act upon the following articles: UNPAID BILLS ARTICLE NO. 1: To see if the Town will vote to transfer from available funds a sum of money to pay bills incurred but unpaid during a previous fiscal year, or to take any other action relative thereto. a Robert B. Childs, Inc. $9,480.00 b Third Sector New England $2,600.00 c W.B. Mason $113.00 d Bob's Tire Company $9.00 e Brewster Fire 86 Rescue Association $120.00 Grand-total $12,322.00 or to take any other action relative thereto. (Nine-tenth Vote Required) (Board of Selectmen) BUDGETARY TRANSFERS ARTICLE NO. 2: To see if the Town will vote to transfer from available funds in some departments an amount of money to be used in conjunction with funds appropriated under current fiscal year budgets to pay shortfalls that would otherwise exist in the Fiscal Year 2014 Budget of other departments, as follows: a Fire Department Wages - Fire Chief Wages $7,000.00 b DPW Expenses - Building Maintenance Expenses $6,000.00 c COA Building Maintenance Expense $7,500.00 d Stony Brook School Operating Budget $22,506.00 e Elementary School - Kindergarten Teaching Position $51,473.00 f Building Department Wages $25,000.00 g Police Department Expenses $10,000.00 Grand-total $129,479.00 or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) CAPITAL AND SPECIAL PROJECTS EXPENDITURES ARTICLE NO. 3: To see if the Town will vote to raise and appropriate, transfer from available funds and/or borrow a sum of money for the purpose of funding the following capital acquisitions and special project expenditures, to be undertaken during Fiscal Year 20.14, and to authorize the Town Administrator to sell, trade, lease, exchange or otherwise dispose of, in the best interests of the town, old equipment or vehicles deemed available, the proceeds from any such disposition to be applied toward the cost of acquiring said equipment or services as the case may be: 1 1. Board of Selectmen: Request Totals a. Swap Shop Building Repairs $7,500.00 b. Town Communications Antenna Repair $9,662.00 c. Veteran's Memorial Expense $2,000.00 d. Hazardous Waste Collection Program $1,000.00 e. Town Hall Security Enhancement Project $63,069.00 f. Technology Project $20,000.00 g. Integrated Water Resources Management $60,000.00 Planning Project h. Crosby Mansion Septage System Loan $10,000.00 Payment Sub-total $173,231.00 2. Fire Department: a. Lease for Ambulance Replacement $53,000.00 b. Apparatus Lease Payment $108,000.00 c. Dispatch Services Expense $35,000.00 d. Rescue Services Expense $17,000.00 e. Self Contained Breathing Apparatus $30,000.00 Equipment Lease Payment Expense f. Assistance to Firefighter Grant Program $25,000.00 Match Funding (Regional Grant) g. Assistance to Firefighter Grant Program $4,500.00 Match Funding (Local Grant) h. Centralized Medical Emergency Dispatch $5,000.00 (CMED) i. Cardiac Monitor Upgrade $10,000.00 j. Emergency Management Planning Fund $10,000.00 Sub-total $297,500.00 3. Department of Public Works: a. Road/Drainage Repairs $50,000.00 b. Brush Mower Replacement Expense $8,000.00 c. Fleet Tire Replacement Project $37,000.00 d. Self Dumping Hoppers $6,741.00 e. Road Sweeper Lease Payment $38,900.00 f Private Road Sign Replacement Project $5,000.00 g. Giant Leaf Vacuum Equipment $6,000.00 h. Beach Sand and Beach Reclamation $15,000.00 Materials i. Cemetery Monument Project $30,000.00 j. Landfill Monitoring Expense $45,000.00 k. Automatic Defibrillators Devise Equipment $4,000.00 Sub-total $245,641.00 4. Police Department: a. Police Vehicle Replacement $25,000.00 b. Forensic Phone Device $8,100.00 Sub-total $33,100.00 5. Golf Department: a. Course Improvements & Repair Project $400,000.00 b. Driving Range Vehicle $15,000.00 Sub-total $415,000.00 6. Natural Resources Department: a. Millsites Building Repair Project $12,000.00 b. Millsites Retaining Wall Repair Project $8,000.00 c. Parks &Trails Improvement Projects $10,000.00 d. Long Pond Boat Ramp Repair Project $10,000.00 Sub-total $40,000.00 2 • 7. Elementary School Department: a. HVAC Plumbing/Electrical Maintenance & $150,000.00 Repairs/Engineering & Design b. Stony Brook Window Replacement Project $10,000.00 Design Expense c. Service Expenses for Bleachers, Backboards $15,000.00 & Folding Walls d. Clock Replacement/PA System Repairs $10,000.00 e. Testing and Abatement of Hazardous $25,000.00 Materials Sub-total $210,000.00 8. Ladies Library: a. Building Security Project $43,500.00 Sub-total $43,500.00 9. Water Department: a. Utility Cloud Technology $46,986.00 b. Temporary Interest Expense for the Water $7,580.00 Supply Well No. 6 Construction Project Sub-total $54,566.00 Grand Total $1,512,538.00 or to take any other action relative thereto. (Majority Vote Required or Two-thirds (Board of Selectmen) Vote Required if borrowing is requested) SPECIAL REVENUE FUND/Cable Franchise Fee Account ARTICLE NO. 4: To see if the Town will vote to transfer the sum of ONE HUNDRED FORTY-ONE THOUSAND FOUR HUNDRED NINETY-NINE DOLLARS AND 00/100 ($141,499.00) from the Cable Franchise Fee account for the 2014 fiscal year for 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, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) FUEL ASSISTANCE FUNDING ARTICLE NO 5: To see if the Town will vote to transfer from Free Cash the sum of TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) for the Lower Cape Outreach Council, Inc. and to authorize the Board of Selectmen to enter into contracts with this organization in order to provide fuel assistance services for residents of Brewster, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SPECIAL LEGISLATION/Rooms Occupancy Tax ARTICLE NO. 6: To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special Home Rule legislation, as follows: "Notwithstanding any general or special law to the contrary, the Town of Brewster may impose a room occupancy tax, in addition to any such 3 occupancy tax currently allowed by law, on any vacation or leisure accommodation including, but not limited to apartments, single or multi- family housing, cottages, condominiums and time share units, as well as any other vacation or leisure accommodation not expressly taxed pursuant to the provisions of General Laws, Chapter 64G, at the rate of 6% of the total amount of the rate for each such occupancy. Vacation or leisure accommodation is further defined to include only paid occupancy for a period of ninety consecutive days or less, regardless of whether such use and possession is as a lessee, tenant, guest or licensee, but excludes those accommodations specifically exempted from General Laws, Chapter 64G, in Section 2 of that chapter." and to state that the legislature may vary the form of the enactment in order to properly achieve its objectives, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) FIRE STATION DESIGN SERVICES FUNDING ARTICLE NO 7: To see if the Town will vote to transfer from Free Cash the sum of TWO HUNDRED THIRTY THOUSAND AND 00/100 DOLLARS ($230,000.00) for the purpose of undertaking planning, design and engineering services for the construction of a new Fire Station, including costs incidental and related to the project, and to authorize the Town Administrator to solicit bids 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) INSURANCE RESERVE FUND/ Workers Compensation Program ARTICLE NO. 8: To see if the Town will vote to accept Section 13A of Chapter 40 of the General Laws, as follows: Section 13A. Any city or town which has accepted chapter eight hundred and seven of the acts of nineteen hundred and thirteen and which accepts this section, by vote of the city council or of the voters in town meeting, may appropriate an amount not exceeding in any one year one twentieth of one per cent of its equalized valuation as defined in section one of chapter forty- four, to establish and maintain an insurance fund to pay workers' compensation, from which any compensation payable under the provisions of sections sixty-nine to seventy-five, inclusive, of chapter one hundred and fifty-two shall be paid; but no money shall be appropriated for such purpose while the fund equals or exceeds one per cent of such equalized valuation. Such fund shall be managed and administered by the sinking fund commissioners of the city or town, if any, otherwise by the commissioners of trust funds of said city or town. If any city or town has such an insurance fund, it may appropriate from such fund, including the income thereof, such sums as may be necessary for the purpose of paying a proper charge for effecting insurance to cover its liability to pay workers' compensation. and to transfer from Free Cash the sum of FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00) to initially finance for this insurance fund and to authorize the Town Administrator to appoint the sinking fund commissioners, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) 4 DISPOSITION OF UNCLAIMED FUNDS ARTICLE NO. 9: To see if the Town will vote to accept the provisions of Section 9A of Chapter 200A of the General Laws, as follows: DISPOSITION OF UNCLAIMED PROPERTY (a) In any city, town or district that accepts this section in the manner provided in section 4 of chapter 4, there shall be an alternative procedure for disposing of abandoned funds held in the custody of the city, town or district as provided in this section. (b) Any funds held in the custody of a city, town or district may be presumed by the city, town or district treasurer to be abandoned unless claimed by the corporation, organization, beneficiary or person entitled thereto within 1 year after the date prescribed for payment or delivery; provided, however, that the last instrument intended as payment shall bear upon its face the statement "void if not cashed within 1 year from date of issue". After the expiration of 1 year after the date of issue, the treasurer of a city, town or district may cause the financial institution upon which the instrument was drawn to stop payment on the instrument or otherwise cause the financial institution to decline payment on the instrument and any claims made beyond that date shall only be paid by the city, town or district through the issuance of a new instrument. The city, town or district and the financial institution shall not be liable for damages, consequential or otherwise, resulting from a refusal to honor an instrument of a city, town or district submitted for payment more than a year after its issuance. (c) The treasurer of a city, town or district holding funds owed to a corporation, organization, beneficiary or person entitled thereto that are presumed to be abandoned under this section shall post a notice entitled "Notice of names of persons appearing to be owners of funds held by (insert city, town or district name), and deemed abandoned". The notice shall specify the names of those persons who appear from available information to be entitled to such funds, shall provide a description of the appropriate method for claiming the funds and shall state a deadline for those funds to be claimed; provided, however, that the deadline shall not be less than 60 days after the date the notice was either postmarked or first posted on a website as provided in this section. The treasurer of the city, town or district may post such notice using either of the following methods: (1) by mailing the notice by first class mail, postage prepaid, to the last known address of the beneficiary or person entitled thereto; or (2) if the city, town or district maintains an official website, by posting the notice conspicuously on the website for not less than 60 days. If the apparent owner fails to respond within 60 days after the mailing or posting of the notice, the treasurer shall cause a notice of the check to be published in a newspaper of general circulation, printed in English, in the county in which the city or town is located. (d) In the event that funds appearing to be owed to a corporation, organization, beneficiary or person is $100 or more and the deadline as provided in the notice has passed and no claim for the funds has been made, the treasurer shall cause an additional notice, in substantially the same form as the aforementioned notice, to be published in a newspaper of general circulation in the county in which the city, town or district is located; provided, however, that the notice shall provide an extended deadline beyond which funds shall not be claimed and such deadline shall be at least 1 year from the date of publication of the notice. (e) Once the final deadline has passed under subsection (d), the funds owed to the corporation, organization, beneficiary or person entitled thereto shall escheat to the city, town or district and the treasurer thereof shall record the funds as revenue in the General Fund of the city, town or district and the city, town or district shall not be liable to the corporation, organization, beneficiary or person for payment of those funds or for the underlying 5 liability for which the funds were originally intended. Upon escheat, the funds shall be available to the city, town or district's appropriating authority for appropriation for any other public purpose. In addition to the notices required in this section, the treasurer of the city, town or district may initiate any other notices or communications that are directed in good faith toward making final disbursement of the funds to the corporation, organization, beneficiary or person entitled thereto. Prior to escheat of the funds, the treasurer of the city, town or district shall hear all claims on funds that may arise and if it is clear, based on a preponderance of the evidence available to the treasurer at the time the claim is made, that the claimant is entitled to disbursement of the funds, the treasurer shall disburse funds to the claimant upon receipt by the treasurer of a written indemnification agreement from the claimant wherein the claimant agrees to hold the city, town or district and the treasurer of the city, town or district harmless in the event it is later determined that the claimant was not entitled to receipt of the funds. If it is not clear, based on a preponderance of the evidence before the treasurer at the time of the claim that the claimant is entitled to disbursement of the funds, the treasurer shall segregate the funds into a separate, interest-bearing account and shall notify the claimant of such action within 10 days. A claimant affected by this action may appeal within 20 days after receiving notice thereof to the district, municipal or superior court in the county in which the city, town or district is located. The claimant shall have a trial de novo. A party adversely affected by a decree or order of the district, municipal or superior court may appeal to the appeals court or the supreme judicial court within 20 days from the date of the decree. If the validity of the claim shall be determined in favor of the claimant or another party, the treasurer shall disburse funds in accordance with the order of the court, including interest accrued. If the validity of the claim is determined to be not in favor of the claimant or another party or if the treasurer does not receive notice that an appeal has been filed within 1 year from the date the claimant was notified that funds were being withheld, then the funds, plus accrued interest, shall escheat to the city, town or district in the manner provided in this section. If the claimant is domiciled in another state or country and the city, town or district determines that there is no reasonable assurance that the claimant will actually receive the payment provided for in this section in substantially full value, the superior court, in its discretion or upon a petition by the city, town or district, may order that the city, town or district retain the funds. or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) ZONING BYLAW AMENDMENT/Water Quality Review Committee ARTICLE NO 10: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Article XI, Water Quality Protection Bylaw, by amending the definition for Water Quality Review Committee (WQRC) as follows (new text is in bold): §179-55 WATER QUALITY REVIEW COMMITTEE (WQRC) -- Committee to be appointed by the Board of Selectmen to include seven eight members; one member each from the Board of Selectmen, Board of Health, Planning Board, Conservation Commission, Comprehensive Water Planning Committee and Water Commissions, the Brewster Building Commissioner and the Brewster Health Agent. At the initial appointment, to occur no later than three weeks after the effective date of this bylaw, members other than the Building Commissioner and the Health Agent shall be appointed for one-, two- and three-year terms and thereafter all members shall be appointed for three-year terms. The Building Commissioner and Health Agent shall serve as members of the WQRC while they are employed in their respective positions. So that it reads: 6 §179-55 WATER QUALITY REVIEW COMMITTEE (WQRC) -- Committee to be appointed by the Board of Selectmen to include eight members; one member each from the Board of Selectmen, Board of Health, Planning Board, Conservation Commission, Comprehensive Water Planning Committee and Water Commissions, the Brewster Building Commissioner and the Brewster Health Agent. At the initial appointment, to occur no later than three weeks after the effective date of this bylaw, members other than the Building Commissioner and the Health Agent shall be appointed for one-, two- and three-year terms and thereafter all members shall be appointed for three-year terms. The Building Commissioner and Health Agent shall serve as members of the WQRC while they are employed in their respective positions. and to amend Chapter 179 of the Brewster Town Code, Article XI, Water Quality Protection Bylaw, by amending the definition for Water Quality Review Committee (WQRC) as follows (new text is in bold): § 179-61. Water quality review. A. Water Quality Review Committee. There is hereby established a Water Quality Review Committee (WQRC), comprising one representative each appointed from time to time by and from the Board of Selectmen, Board of Health, Planning Board, Conservation Commission, Water Commission, Comprehensive Water Planning Committee, Health Director and Building Commissioner. So that it reads: A. Water Quality Review Committee. There is hereby established a Water Quality Review Committee (WQRC), comprising one representative each appointed from time to time by and from the Board of Selectmen, Board of Health, Planning Board, Conservation Commission, Water Commission, Comprehensive Water Planning Committee, Health Director and Building Commissioner. or to take any other action relative thereto. (Two-thirds Vote Required) (Planning Board) TOWN CODE AMENDMENT/Civil Fingerprinting ARTICLE NO. 11: To see if the Town will vote to amend the Code of the Town of Brewster as authorized by Massachusetts General Laws as Chapter 6, Section 172 B 1/2, to create a by-law enabling the Police Department to conduct state and federal fingerprint based criminal history records checks for individuals applying for or in possession of certain licenses enumerated in the by-law, and further, that the Town Code be amended by inserting the by-law as Chapter 49. Police Regulations, Fingerprint-Based Criminal Record Background Checks, as follows: Fingerprint-Based Criminal History Record Checks 49-1 Purpose and Authorization In order to protect the health, safety, and welfare of the inhabitants of the Town of Brewster, and as authorized by Chapter 6, section 172B 1/2 of the Massachusetts General Laws as enacted by Chapter 256 of the Acts of 2010, this by-law shall require a) applicants for certain Town licenses permitting the engagement in specific occupational activities within the Town as enumerated in Section 49-2 below to submit to fingerprinting by the Brewster Police Department, b) the Police Department to conduct criminal history record checks based on such fingerprints pursuant to sections 168 and 172 and 28 U.S.C. §534, and c) the Town to consider the results of such background checks in determining whether or not to grant a license. Fingerprint submissions may be submitted under this Chapter to the identification unit within the department of the Massachusetts State Police through the Massachusetts Department of Criminal Justice Information Systems (DCJIS), or its successor, for a state criminal history records check and to the Federal Bureau of Investigation (FBI) for a national criminal history records check, 7 as may be applicable and consistent with this by-law. The Town authorizes the Licensing Authority and Police Department to receive and utilize these state and FBI records in connection with such background checks, consistent with this by- law.' 49-2 Applicant's Submission to Fingerprinting by the Brewster Police Department Any applicant for a license to engage in any of the following occupational activities within the Town shall submit a full set of fingerprints taken by the Brewster Police Department within ten (10) days of the date of the application for a license for the purpose of conducting a state and national criminal history record check to determine the suitability of the applicant for the license: Alcoholic Beverage License (Manager) Hawker and Peddler Ice Cream Truck Vendor At the time of fingerprinting, the Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual's state and FBI', criminal history records. 49-3 Police Department Processing of Fingerprint-Based Criminal Record Background Checks and Communication of Results The Police Department shall transmit fingerprints it has obtained pursuant to Section 49-2 of this by-law to the Identification Section of the Massachusetts State Police, DCJIS, and/or the FBI as may be necessary for the purpose of conducting fingerprint-based state and national criminal history records checks of license applicants specified in Section 49-2. The Police Department shall provide the applicant with a copy of the results of his or her fingerprint-based criminal history record check and supply the applicant the opportunity to complete or challenge the accuracy of the information contained in it, including in the FBI identification record. The Police Department shall also supply applicants with information regarding the procedures for obtaining a change, correction, or updating of a criminal record, including a copy of 28 C.F.R. Part 16.34 pertaining to FBI identification records. The Police Department shall not utilize the fingerprint-based criminal history record check pursuant to the paragraph below until it has taken the steps detailed in this paragraph and otherwise complied with the Town's policy applicable to Town licensing-related criminal history record checks. The Police Department shall communicate the results of fingerprint-based criminal history record checks to the applicable licensing authority within the Town. The Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime that bears upon his or her suitability, or any felony or misdemeanor that involved force or threat of force, controlled substances or a sex-related offense. 49-4 Reliance on Results of Fingerprint-Based Criminal History Record Checks Licensing authorities of the Town shall utilize the results of fingerprint-based criminal history record checks for the sole purpose of determining the suitability of the applicants for the proposed occupational activity that is the subject of the license applications specified in Section 49-2. A Town licensing authority may deny an application for a license on the basis of the results of a fingerprint-based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant's suitability in making this determination. The licensing authority shall not deny a license based on information in a criminal record unless the applicant has been afforded a reasonable time to correct or complete the record or has declined to do so. 49-5 Compliance with Law, Regulation, and Town Policy Implementation of this by-law and the conducting of fingerprint-based criminal record background checks by the Town shall be in accordance with all applicable laws, regulations, and Town policies, including, but not limited to, the Town's 8 policy applicable to licensing-related criminal record background checks which shall include record retention and confidentiality requirements. The Town shall not disseminate the results of fingerprint-based criminal background checks except as may be provided by law, regulation, and Town policy. The Town shall not disseminate criminal record information received from the FBI to unauthorized persons or entities. 49-6 Fees The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be one hundred dollars ($100). A portion of the fee, as specified in Mass. Gen. Laws Chapter 6, Section 172B 1/2, shall be deposited into the Firearms Fingerprint Agency Account, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system. or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) WETLANDS PROTECTION BYLAW/Docks ARTICLE NO. 12: To see if the Town will vote to amend the Wetlands Protective Bylaw, Chapter 172 -2 of the Brewster Town Code by adding the following text: WETLANDS PROTECTIVE BYLAW- DOCKS §172- 7- c. DOCKS Purpose and Scope The purpose of this article 1 s to clarify- the regulation of docks and the authority of the Conservation Commission to issue Orders of Conditions specifying the terms and conditions for operating such docks in order to protect the water quality of the ponds, lakes and streams on whose banks such docks are constructed. 1. Dock is any structure emanating from the shore of any pond, lake or stream and projecting over the surface of the water of the pond, lake or stream. Docks may be seasonal or year round. Year round docks may be anchored to the bottom of the waters where they are located by piles or other permanent foundations as authorized by the Conservation Commission. The Conservation Commission shall make the decision as to whether the dock shall be seasonal or year round. The Conservation Commission shall have design approval of any proposed dock and of the materials to be used in the construction of the dock. 2. No more than one dock shall be permitted per parcel of land. Division of a parcel of land to circumvent this regulation shall not be recognized. 3. No dock shall exceed one hundred square feet in area including that part of the dock over dry shore. 4. Neither an entrance fee for access to a dock nor a fee for use of a dock shall be permitted. 5. No commercial activities for which- an entrance fee is charged shall be permitted. No use of the dock as a venue, whether or not a fee is charged, shall be permitted. 6. No business on the dock renting watercraft or water toys shall be permitted. or to take any other action relative thereto. (Majority Vote Required) (Citizens Petition) 9 CAPTAINS GOLF COURSE RESTAURANT LEASE ARTICLE NO. 13: To see if the Town will vote to authorize the Town Administrator to solicit proposals and enter into a contract for the lease of the restaurant facilities at the Captains Golf Course for up to a ten year period, with a minimum annual lease payment of Fifty Thousand ($50,000.00) Dollars for each year of the lease term, or take any other action relative thereto (Two-thirds Vote Required) (Board of Selectmen) STABILIZATION FUND/Special Purpose ARTICLE NO. 14: To see if the Town will vote to create a Stabilization Fund, under Section 5B of Chapter 40 of the General Laws, said fund will be utilized to finance shared costs associated with the study, permitting, planning and demolition of the septage treatment plant associated with the Orleans, Brewster and Eastham Ground Water Protection District, located in Orleans, MA and to transfer from available funds the sum of SEVENTY FIVE THOUSAND AND 00/100 DOLLARS ($75,000.00) from free cash for this purpose, or to take any other action relative thereto. (Two-thirds Vote Required) (Board of Selectmen) ACCEPTANCE OF ENABLING LEGISLATION/Parking Control Officer ARTICLE NO. 15: To see if the Town will vote to accept the provisions of section 1OF of Chapter 147 of the General Laws, as follows: Section 10F. Any board or officer authorized to appoint police officers in any city or town which accepts this section, and any college, university or other educational institution empowered by law to make or establish rules or regulations regulating the parking of motor vehicles, may appoint parking control officers who shall have only those powers and duties conferred or imposed on police officers by section twenty A or twenty A1/2 of chapter ninety. or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) COMMUNITY PRESERVATION ACT FUNDING ARTICLE NO. 16: To see if the Town will vote to act upon the recommendations of the Community Preservation Committee; to appropriate from the Community Preservation Fund to spend during Fiscal Year 2014 or to hold for future expenditure the following sums from the Fund's Fiscal Year 2014 revenues; and to authorize the Town of Brewster, acting through its Board of Selectmen and Community Preservation Committee, to enter into contracts for the award of grants to the following agencies; all as follows: Item: Category: Request 1. Affordable Housing: a. Habitat for Humanity of Cape Cod $600,000.00 Funding for acquisition of land and pre-development expenses for the development of up to 6 deed-restricted affordable homes for private ownership by income-eligible buyers b. Brewster Housing Authority (BHA) $600,000.00 To provide the local funding necessary for the BHA's Brewster Woods development for the construction of 50 units of low-income rental housing. c. Professional Services Account $20,000.00 To cover the costs of legal and/or professional services required towards the progression and completion of affordable housing projects. 10 2. Open Space a. Professional Services Account $25,000.00 To cover the costs of legal and/or professional services required towards the acquisition of lands for protection as open space. 3. Reserve Funds: a. Recreation: Playground Subcommittee, Brewster School Committee for the Eddy School Playground Project $39,400.00 To cover the costs associated with further improvements to the Eddy Elementary Playground to integrate accessibility features into the project. Grand-total $1,284,400.00 or to take any other action relative thereto. (Majority Vote Required) (Community Preservation Committee) TOWN CODE AMENDMENT/Control of Fertilizer Nutrient ARTICLE NO. 17: To see if the Town will vote to adopt Chapter 119, "Fertilizer Nutrient Control" as a new section of the Code of the Town of Brewster as follows: 119-1 . Purpose Mounting evidence supports the claim that excessive nutrient enrichment of the region's groundwaters and surface waters may have significant public health significance. Direct effects on drinking water sources are well known and include the increased concentrations of nitrogen to levels that can violate the Safe Drinking Water Standards. The indirect public health effects expressed through surface water enrichment can be equally pronounced and include ecological alterations that can result in toxin algae blooms and the proliferation of human and animal disease organisms involving bacterial, fungal, myxozoa and insect vector pathogens. The Town recognizing that excessive use of fertilizers is part of the overall problem of nutrient pollution promulgates the following regulation regarding the use of fertilizer on turf. This regulation incorporates Best Management Practices which are supported by scientific research. These practices, if followed, are deemed to protect the public health and aid in achieving compliance with the Total Daily Maximum Loads (TMDL) for the Towns water resources prescribed by the Commonwealth of Massachusetts while allowing reasonable use of fertilizers for the enhancement of turf quality. This bylaw is intended to conserve resources and protect the environment by regulating the outdoor application of nitrogen and phosphorus in order to reduce the overall amount of excess nutrients entering the town's Resource Areas as defined in the Brewster Wetlands Protection Bylaw (CH. 172-2, "Applicability") and Brewster Wetland Protection Regulations, or from entering the Brewster Wetlands Conservancy District (CH. 179-6), the Brewster Floodplain District (CH. 179-7), and the Brewster Water Quality Protection District (CH. 179-53 thru CH.179-62). Reducing excess nutrients helps protect and improve water quality of valuable estuaries and ponds in Brewster and within our shared embayments. 119-2. Applicability 2,1. It is necessary and desirable to control by regulation in the Town of Brewster the use of fertilizer that contains phosphorus and nitrogen for the purposes set out herein. 2.2. This Bylaw allows for a reduction of nitrogen and phosphorus going into the Town's waters and wetlands by means of an organized system of education, certification and regulation of practice. This Bylaw is not intended to eliminate the use of fertilizer but only to eliminate excess amounts of phosphorus and nitrogen from reaching our water and groundwater. This Bylaw adopts the Best 11 Management Practices as the normal operating procedures for turf management throughout the Town 2.3. This Bylaw shall apply to turf management practices and to the application of fertilizer to turf within the Town, but not to plants other than turf. 2.4. This Bylaw shall serve as the Town's Implementing Regulations pursuant to the Fertilizer Management District of Critical Planning Concern designation, Barnstable County Ordinance 13-07. 119-3. Authority 3.1, This Bylaw is adopted under the Home Rule Amendment to the Massachusetts Constitution, Article LXXXIX of the Amendments, and is further authorized as Implementing Regulations pursuant to the Fertilizer Management District of Critical Planning Concern designation, Barnstable County Ordinance 13-07, and by Section 9 of Chapter 262 of the Acts of 2012. 119-3. Definitions For the purposes of this Bylaw, the following words shall have the following meanings unless the context clearly indicates a different meaning: "Brewster" is the Town and all of its waters. "Agriculture/ Agricultural Use" means farming in all of its branches including the cultivation and tillage of the soil, the production, cultivation, growing, and harvesting of any agricultural, floricultural or horticultural commodities, including but not limited to cranberries. "Applicator" means any person who applies fertilizer to turf and soils. "Best Management Practice (BMP)," means a sequence of activities designed to limit a nonpoint pollution source. For the purposes of this Regulation and pursuant to Section 5.1 of this Regulation, BMP means the most current edition of"Best Management Practices for Soil and Nutrient Management in Turf Systems," prepared by University of Massachusetts Extension, Center for Agriculture, Turf Program. "Certified Fertilizer Applicator" means an Applicator certified in the manner prescribed in Section 7.2 hereunder to apply fertilizer in conformance with the BMP. "Combination Products," sometimes known as "Weed and feed," means any product that, in combination with fertilizer, contains pre- or post-emergence herbicides, insecticides or plant growth regulators. "Fertilize, fertilizing, or fertilization" means the act of applying fertilizer to turf. "Fertilizer" means a substance that enriches turf with elements essential for plant growth, such as nitrogen, phosphorus, or other substances; fertilizer hereunder does not include dolomite, limestone, or lime, grass clippings, or compost/ compost tea. "Impervious surface" means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, except for compacted areas on athletic fields such as clay or baseball infields, and the like. "Landscape professional" means a person, including a company, who, in exchange for money, goods, services, or other consideration, performs landscaping services. A Landscape professional can include those employed by a private golf course operation. 12 "Landscaping" means, for purposes of this Regulation, establishment (including by sod, seeding, or transplanting), renovation, maintenance, or fertilization of turf. "Municipal applicator" means a public employee of a town or the county who fertilizes property owned or controlled by a town, the county, the state or federal government (including publicly owned golf courses and athletic fields) within the scope of his/her official public employment responsibilities. "Nutrient" means any of the following 17 elements needed for growth of a plant; the three (3) non-mineral elements: carbon, hydrogen, and oxygen; the six (6) macronutrients: nitrogen, phosphorus, potassium, calcium, magnesium, and sulphur; and the seven (7) micronutrients: boron, copper, iron, chloride, manganese, molybdenum, nickel and zinc. "Nutrient management" means systematic control of the application and availability of nutrients. "Readily available nitrogen" means any water-soluble nitrogen (WSN) that is immediately available to turf upon application. "Slow-release, controlled-release, timed-release, or slowly soluble/ available nitrogen" means nitrogen in a form that delays its availability for uptake and use after application, and is not rapidly available to turf. "Soil" means the upper-most layer of the earth's surface, comprised of mineral and organic matter, which can host biological communities. "Soil test" means a technical analysis of soil conducted by an accredited soil testing laboratory. An accredited laboratory is one that uses a Modified Morgan soil testing procedure. "Turf' means grass-covered soil held together by the roots of the grass, also known as "sod" or "lawn." "Waters" or "Water-bodies" include, but are not limited to, streams, including intermittent streams, creeks, rivers, freshwater and tidal wetlands, ponds, lakes, marine waters, canals, lagoons, and estuaries within the Town, including without limitation all waters defined in Massachusetts General Laws Chapter 131, Section 40 and the Brewster Wetlands Protection By-law, and accompanying Regulations with the exception of the following: coastal and inland banks, beaches, coastal dunes, dune fields, and lands subject to coastal storm flowage, inland or coastal flooding or inundation, or within 100 feet of the hundred-year storm line. 119-4. Performance Standards All applications of fertilizer shall comply with "Best Management Practice" standards. The Best Management Practices ("BMP"), as defined herein and attached hereto, are hereby incorporated into and made part of this Bylaw. 119-5. Performance Standards for Non-Certified Fertilizer Applicators: Applicators who do not hold Fertilizer Certification issued in accordance with Section 119-7 of this Regulation shall comply with the following standards for fertilizer applications. Non-Certified Fertilizer Applicators shall not do the following: a. apply fertilizer during heavy rainfall, such as but not limited to thunderstorms, hurricanes, or northeastern storms, or when the soil is saturated due to intense or extended rainfall; 13 b. apply fertilizer between November 12 and the following April 14; c, apply, spill, or deposit fertilizer on any impervious and fail to remove the applied, spilled, or deposited fertilizer immediately (and in which case the Applicator shall then either contain, dispose of legally or apply the fertilizer as allowed), and shall not apply, spill or deposit fertilizer in a manner that allows fertilizer to enter into storm drains; d. aPpIy fertilizer closer than 50 feet to any water-body unless permission is obtained from the Town's Conservation Commission allowing such activity. e. apply fertilizer that contains phosphorus, unless a soil test indicates a phosphorus deficiency, or unless establishing new turf or re-establishing or repairing turf after substantial damage or land disturbance, in which case the application shall be in compliance with the BMP. A single application of fertilizer that contains nitrogen shall not exceed 1.0 pound of actual nitrogen per thousand square feet, shall consist of at least 25% slow- release nitrogen fertilizer, and the annual rate shall not exceed 3.2 pounds of actual nitrogen per thousand square feet. Single applications shall be done at intervals of no less than two weeks until the annual maximum is reached. The fertilizer application requirements of this Section 119-4. i.e. amount of nitrogen, vicinity of waterbodies, shall apply with the same limitations to Combination Products. 119-6. Performance Standards for Certified Fertilizer Applicators Certified Fertilizer Applicators shall be exempt from the requirements set forth in Section 119-4 of this Regulation, provided that they manage turf in accordance with the BMP. 119-6. Exemptions The following activities shall be exempt from this Regulation: Application of fertilizer for Agriculture/Agricultural Use. Application of fertilizer to home gardens, landscape ornamentals, shrubs, trees bushes, vegetables, fruit and container plants. 119-7. EDUCATION, CERTIFICATION, ENFORCEMENT, AND PENALTIES. 7.1. Education The Town may rely on the Cape Cod Cooperative Extension to assist the town by maintaining a program of fertilizer education that is based on the BMP. The Town may rely on the Cape Cod Cooperative Extension to assist the town by administering an assessment to determine an Applicator's proficiency of the BMP. Fertilizer education may consist of, but is not limited to, collaboration with retailers to post in-store information on town fertilizer regulations, the BMP and Fertilizer Certification requirements; mailings and flyers for the general public concerning town fertilizer regulations, the BMP and Fertilizer Certification requirements; and outreach to Landscape professionals and Municipal Applicators concerning town fertilizer regulations, the BMP and Fertilizer Certification requirements. 7.2. Certification The Town may rely on the Cape Cod Cooperative Extension to administer a county wide Fertilizer Certification process. 14 The Cape Cod Commission may assist the Cape Cod Cooperative Extension in the administrative duties associated with the processes outlined in Sections 7.1 and 7.2. 7.2.1 Certification Process Any Non Certified Fertilizer Applicator may apply to the Cape Cod Cooperative Extension for Fertilizer Certification as a Certified Fertilizer Applicator. Cape Cod Cooperative Extension will establish application requirements for and the process required to obtain Fertilizer Certification and renewals thereof, including evidence that the applicant is proficient in the BMP. Notwithstanding the requirement for a proficiency assessment set out in Section 7 the following persons shall be presumed to be proficient in the BMP and may become Certified Fertilizer Applicators without the need for an additional proficiency assessment: a. Municipal applicators, or b. Landscape professionals, provided, however, the managing and supervisory staff of these entities meet the following criteria, and directly supervise applicators: 1. Active membership in the Cape Cod Landscapers Association, the Cape Cod Golf Course Superintendents Association, Massachusetts Association of Lawn Care Professionals (MALCP) or a substantially similar organization; and one of the following: a. Current Massachusetts Pesticide Applicators License with Turf Certification, with evidence of participation in a recognized continuing education program for turf management within the past year, or b. Associate's Degree or higher in Turf Management, or closely related field with evidence of participation in a recognized continuing education program for turf management within the past year; or c. Current Massachusetts Certified Landscape Professional (MCLP) Certification, with evidence of participation in a recognized continuing education program for turf management within the past year; or d. Certificate of Completion from the University of Massachusetts Extension Green School (Turf or Landscape sections) or the University of Massachusetts Winter School for Turf Managers, or a horticultural certificate from Cape Cod Community College, with evidence of participation in a recognized continuing education program for turf management within the past year. Fertilizer may be considered applied under the direct supervision of a manager or supervisor meeting the above criteria, who have also attained Fertilizer Certification hereunder, if it is applied by a competent person acting under the instruction and control of such manager or supervisor who is physically present at the time and place the fertilizer is applied, or if not physically present, is available if and when needed, and who is responsible for the fertilizer applications made by that person. 7.2.2. Any Certified Fertilizer Applicator shall keep a copy of said Fertilizer Certification readily available for display, and shall display such Certification when requested to do so by any officer of the Town's Health Department. 15 p ANY OTHER BUSINESS ARTICLE NO.1Q • To act on any other business that may legally come before this meeting. (Majority Vote Required) (Board of Selectmen) And 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. Li Given under our hand and Seal of the Town of Brewster affixed this 'day of Octob 44 2013. • / rf , it,_„ / , Joh eodore Dickson, Chairman . r es W. oley,/ice-Chairman 7<fril-Z-6- 5-,- -{zii-„, obi,..4 )-4(.6-„,, Patricia E. Hughes Clerk Peter G. Norton r Benjamin W. deRuyter I, Roland W. Bassett, Jr. duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Special Town Meeting of November 18, 2013 by pos i g attested copies thereof, in the following locations in the Town on theay of October, 2013. Brewster Town Offices Brewster Farms Brewster Ladies Library Brewster Pizza House The Brewster Store Millstone Liquors U. S. Post Office idattlf&Roland W. Bassett, J Constable A TRUE COPY ATTEST: Athiietuissalto v CLERK