HomeMy Public PortalAbout2014-05-05-Special Town Mtg Report Special Town Meeting May 5th, 2014—
Report of the
Special Town Meeting
May 5th, 2014
In accordance with the Warrant, the Special Town Meeting was held in the Stony
Brook Cafetorium on Monday, May 5th, 2014.
The meeting was called to order at 7:07pm by the Moderator, Stephen L. Doyle.
The tellers were David Lahive, David Quinn, and David Whitney. The checkers
were June Gallant, Dorothy Leone, Maureen Steinmann, Joan Scheffer, Mary
Meyers, Cynthia Matheson and Jayanne Sci, Assistant Town Clerk. Thaddeus
Nabywaniec, and Francis Smith, members of the Board of Registrars, were also
present.
A quorum was present with 454 of 7715 registered voters. 6%
UNPAID BILLS
ARTICLE NO 1: To see if the Town will vote in the following manner to pay
bills incurred but unpaid during a previous fiscal year
a. transfer the sum of $20.00 from the Ambulance Receipts Reserved for
Appropriation account to pay Galls, and
b. transfer the sum of $5,679.00 from line item no 20 (Liability Insurance) of
Article no 3 of the 2013 Annual Town Meeting to Town of Brewster to
Payroll Account, Payroll ID No 129213,
or to take any other action relative thereto.
(Nine-Tenths Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no 1 as printed in
the warrant.
ACTION: Adopted Unanimously.
BUDGETARY TRANSFERS
ARTICLE NO 2: To see if the Town will vote in the following manner to
appropriate from available funds and/or to transfer from surplus funds in some
departments the amounts needed to prevent deficits in other departments this
fiscal year
A. Transfer the sum of$25,000.00 from the Ambulance Receipts Reserved for
Appropriation Account to line item no 8 (Fire/Rescue Wages) of Article no
3 of the 2013 Annual Town Meeting
B. Transfer the sum of $6,047.00 from line item no 20 (Liability Insurance), to
line item no 2 (Town Administrator Wages) of Article no 3 of the 2013
Annual Town Meeting,
C. Transfer the sum of $13,844.00 from the Golf Receipts Reserved for
Appropriation account and $71,393.00 from Overlay Surplus to line item
no 2 (Legal Expenses) of Article no 3 of the 2013 Annual Town Meeting,
D. Transfer the sums of$600.00 from line item no 20 (Liability Insurance) to
line item no 12 (Board of Health Wages) of Article no 3 of the 2013
Annual Town Meeting; $450.00 from line item no 20 (Liability Insurance)
to line item no 4 (Assessors Wages) of Article no 3 of the 2013 Annual
Town Meeting; $300.00 from line item no 20 (Liability Insurance) to line
item no 10 (Building Inspection/HDC Wages) of Article no 3 of the 2013
Annual Town Meeting,
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E. Transfer the sums of$1,630.00 from line item no. 20 (Liability Insurance) to
line item no. 10 (Building Inspection/HDC Wages) of Article no. 3 of the
2013 Annual Town Meeting,
F. Transfer the sum of$4,575.00 from Water Surplus to line item no. 4 (Debt
Service) of Article no. 3 of the 2013 Annual Town Meeting,
G. Transfer the sum of$80.00 from the Fund Balance Reserved for Open
Space to line item no. 4 (Debt Service) of Article no. 3 of the 2013 Annual
Town Meeting,
H. Transfer the sum of$15,000.00 from line item no. 13 (Department of Public
Works Wages) to line item no. 3 (Reserve Fund) of Article no. 3 of the 2013
Annual Town Meeting, and
I. Transfer the sum of$10,000.00 from line item no. 7 (Police Department
Wages) to line item no. 7 (Police Department Expenses) of Article no. 3 of
the 2013 Annual Town Meeting,
or to take any other action relative thereto.
(Majority Vote Required (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 2 as printed in
the warrant.
ACTION: Adopted Unanimously.
PRIVATE ROAD ENGINEERING SERVICES/Ebenezer Lane Project
ARTICLE NO. 3: To see if the Town will vote to transfer from the Fund
Balance Reserved for Road Betterments the sum of NINE THOUSAND AND
00/100 DOLLARS ($9,000.00) to finance costs associated with engineering
services for a private road betterment for Ebenezer Lane and to authorize the
Town Administrator to solicit bids and/or proposals, enter into a contract or
contracts and expend said funds for this purpose, said expense to be recovered
through the betterment assessments against the abutters, or to take any other
action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 3 as printed in
the warrant.
ACTION: Adopted Unanimously.
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO. 4: To see if the Town will vote, for the purpose of funding the
following capital acquisitions and special project expenditures to be undertaken
during Fiscal Year 2014, including the payment of all costs incidental and related
to the carrying out of these projects and their financing, as well as, any
professional, design and engineering service costs, to raise and appropriate,
transfer from available funds and/or to authorize the Town Treasurer, with the
approval of the Board of Selectmen, to borrow a sum of money pursuant to
Chapter 44 of the General Laws and/or any other enabling authority and to issue
bonds or notes of the Town therefor, provided that the amount of notes or bonds
issued hereunder shall be reduced by the amount of the sales proceeds, grant
funds, and other money received before the sale of such notes or bonds; and to
transfer from available funds an additional sum of money for the purpose of
paying for the preparation, issuance and marketing of bonds and notes issued
hereunder and for paying interest on temporary notes issued in anticipation
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Special Town Meeting May 5th, 2014
thereof; and to the authorize the Town Administrator to solicit bids and/or
proposals, enter into a contract or contracts, and expend these funds for the
following purposes:
Project Requests: Funding:
a. Stony Brook School Window Repair $150,000.00
Project
b. COA Building Interior Painting Project $2,700.00
c. Town Hall Air Conditioning System $22,300.00
Repair Project
Grand-total $175,000.00
or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
MOTION: I move that the Town appropriates $175,000 to pay costs of the
various capital expenditures set forth below, to be undertaken during Fiscal
Year 2014, including the payment of all costs incidental and related thereto;
that to meet this appropriation, $2,700 shall be transferred from
unexpended amounts appropriated under Article 8 (item if COA Exterior
Painting Project) of the Warrant at the Town Meeting held on May 2012,
$22,300 shall be transferred from unexpended amounts appropriated under
Article 3 (item la Town Hall HVAC Repairs) of the Warrant at the Town
Meeting held on November 2012, and the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow $150,000.00 under and
pursuant to Chapter 44 of the General Laws and/or any other enabling
authority and to issue bonds or notes of the Town therefor, provided that
the amount of notes or bonds issued hereunder shall be reduced by the
amount of any gifts, grants or any other money received by the Town on
account of such capital expenditures before the sale of such notes or bonds;
and, further, that the Town Administrator is authorized to solicit bids
and/or proposals, enter into a contract or contracts, and expend these funds
for the following purposes:
Project Requests: Funding:
a. Stony Brook School Window Repair
Project $150,000
b. COA Building Interior Painting Project 2,700
c. Town Hall Air Conditioning System
Repairs 22,300
Grand-total $175,000
ACTION: Adopted Unanimously.
EDDY ELEMENTARY SCHOOL RENOVATION PROJECT
ARTICLE NO 5: To see if the Town will vote, for the purpose of paying
costs to replace the roofs, fire alarm systems, and heating and ventilation
equipment at the Eddy Elementary School located at 2298 Main Street, including
the payment of all costs incidental and related to the carrying out of these projects
and their financing, as well as, any professional, design and engineering service
costs, to raise and appropriate, transfer from available funds and/or to authorize
the Town Treasurer, with the approval of the Board of Selectmen, to borrow a sum
of money pursuant to Chapter 44 of the General Laws and/or any other enabling
authority and to issue bonds or notes of the Town therefor, provided that the
amount of notes or bonds issued hereunder shall be reduced by the amount of the
sales proceeds, grant funds, and other money received before the sale of such
notes or bonds; and to transfer from available funds an additional sum of money
for the purpose of paying for the preparation, issuance and marketing of bonds
and notes issued hereunder and for paying interest on temporary notes issued in
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Special Town Meeting May 5th, 2014—
anticipation thereof; and to authorize the Town Administrator to solicit bids
and/or proposals, enter into a contract or contracts, and expend these funds for
this purpose; provided, however, that a favorable vote under this article shall have
no effect unless the Town votes at a regular or special election to exempt the
amounts required to pay bonds or notes and other related expenses from the
limitations of Proposition 21/2, so-called; or to take any other action relative
thereto.
(Two-Thirds Vote Required) (Elementary School Committee)
MOTION: I move that the Town appropriates $3,330,000 to pay costs of
replacing the roof, fire alarm systems, and heating and ventilation
equipment at the Eddy Elementary School located at 2298 Main Street,
including the payment of all costs incidental and related thereto; that to
meet this appropriation, the Treasurer, with the approval of the Selectmen,
is authorized to borrow said amount under and pursuant to Chapter 44,
Section 7(3A) of the General Laws, or pursuant to any other enabling
authority, and to issue bonds or notes of the Town therefor. The amount of
notes or bonds issued hereunder shall be reduced by the amount of any
grants, gifts or other amounts received by the Town on account of this
project before the sale of such notes or bonds. The Town Administrator is
authorized to solicit bids and/or proposals, enter into a contract or
contracts, and expend these funds for this purpose. This vote shall have no
effect unless the Town votes at a regular or special election to exempt the
amounts required to pay bonds or notes authorized hereunder from the
limitations of Proposition 2Y2, so-called.
ACTION: Adopted.
HAZARDOUS WASTE COLLECTION PROGRAM
ARTICLE NO. 6: To see if the Town will vote to transfer from the Water
Revenue account the sum of FOURTEEN THOUSAND AND 00/100 ($14,000.00)
DOLLARS to finance costs associated with the hazardous waste collection day
program and to authorize the Town Administrator to solicit bids and/or proposals,
enter into a contract or contracts and expend said funds for this purpose, or to
take any other action relative thereto.
(Majority Vote Required) (Board of Health 86 Water Commission)
MOTION: I move that the town vote to approve article no. 6 as printed in
the warrant.
ACTION: Adopted Unanimously.
GOVERNMENT STUDY PROFESSIONAL SERVICES EXPENSE
ARTICLE NO. 7: To see if the Town will vote to transfer from Free Cash the
sum of TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) to finance costs
associated with the administrative and professional services to support a
comprehensive study and review of Town governmental and organizational
matters and to authorize the Town Administrator to solicit bids and/or proposals,
enter into a contract or contracts and expend said funds for this purpose, or to
take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 7 as printed in
the warrant.
ACTION: Adopted.
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COASTAL COMMUNITY RESILIENCE PLANNING & ASSESSMENT GRANT
PROGRAM
ARTICLE NO. 8: To see if the Town will vote to authorize the Board of
Selectmen to apply for and accept a grant from the Massachusetts Coastal Zone
Management Agency's Coastal Community Grant Program for expenditure on
professional services related to the study of coastal processes and the creation of a
plan to design, develop and permit a long-term maintenance and repair plan for
the Town of Brewster's landings and beaches; to transfer and appropriate the sum
of FORTY THOUSAND AND 00/100 DOLLARS ($40,000.00) from Item No. 8b.
(Paines Creek Culvert Project) of Article No. 8 of the May 2012 Annual Town
Meeting Warrant, and the sum of TEN THOUSAND AND 00/100 DOLLARS
($10,000.00) from Item No. ic. (Cape Cod Water Resources Restoration Project) of
Article No. 8 of the 2010 Annual Town Meeting Warrant, to meet the Town's
match requirement under said Grant; and to authorize the Town Administrator to
solicit bids and/or proposals, enter into a contract or contracts, and expend these
funds and the grant monies for such purposes; or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 8 as printed in
the warrant.
ACTION: Adopted Unanimously.
FIRE STATION DESIGN& ENGINEERING SERVICES
ARTICLE NO. 9: To see if the Town will vote, for the purpose of paying the
costs for the design, engineering and permitting of a new Fire Station, including
the payment of all other costs incidental and related to the carrying out of this
project and its financing, to raise and appropriate, transfer from available funds
and/or to authorize the Town Treasurer, with the approval of the Board of
Selectmen, to borrow a sum of money pursuant to Chapter 44 of the General Laws
and/or any other enabling authority and to issue bonds or notes of the Town
therefor, provided that the amount of notes or bonds issued hereunder shall be
reduced by the amount of the sales proceeds, grant funds, and other money
received before the sale of such notes or bonds; and to transfer from available
funds an additional sum of money for the purpose of paying for the preparation,
issuance and marketing of bonds and notes issued hereunder and for paying
interest on temporary notes issued in anticipation thereof; and to authorize the
Town Administrator to solicit bids and/or proposals, enter into a contract or
contracts, and expend these funds for this purpose; provided, however, that a
favorable vote under this article shall have no effect unless the Town votes at a
regular or special election to exempt the amounts required to pay bonds or notes
and other related expenses from the limitations of Proposition 21/2, so-called; or to
take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
MOTION: I move that the Town appropriates $700,000 to pay costs of
designing, engineering and permitting a new Fire Station, including the
payment of all other costs incidental and related thereto; that to meet this
appropriation, the Treasurer, with the approval of the Selectmen, is
authorized to borrow said amount under and pursuant to Chapter 44,
Section 7(21) of the General Laws, or pursuant to any other enabling
authority, and to issue bonds or notes of the Town therefor. The amount of
notes or bonds issued hereunder shall be reduced by the amount of any
grants, gifts or other amounts received by the Town on account of this
project. The Town Administrator is authorized to solicit bids and/or
proposals, enter into a contract or contracts, and expend these funds for
this purpose. This vote shall have no effect unless the Town votes at a
fi
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Special Town Meeting May 5th, 2014-
regular or special election to exempt the amounts required to pay bonds or
notes authorized hereunder from the limitations of Proposition 2%, so-
called.
ACTION: Adopted.
COMMUNITY PRESERVATION COMMITTEE
ARTICLE NO. 10: To see if the Town will vote to act upon the
recommendation of the Community Preservation Committee and to appropriate
from the Community Preservation Committee Fund Balance the amount shown
below and for the purpose identified below; to authorize the Town Administrator to
enter into contracts for the award of grants to the following agency; to authorize
the Community Preservation Committee, ,_pursuant to the provisions of
Massachusetts General Laws, Chapter 184, Sections 31 through 33, to require a
Historic Preservation Restriction in the awarding of the following grants; and to
authorize the Town of Brewster, acting by and through its Board of Selectmen, to
hold and enforce such Historic Preservation Restriction, all as follows:
Item: Category: Request:
1. Historic Preservation
a. Brewster Historical Society for the purchase
of the Captain Elijah Cobb House: $350,000.00
Grand Total $350,000.00
or to take any other action relative thereto
(Majority Vote Required) (Community Preservation Committee)
MOTION: I move that the town vote to approve article no. 10 as printed in
the warrant.
ACTION: Adopted.
COMMUNITY PRESERVATION COMMITTEE
ARTICLE NO 11: To see if the Town will vote to act upon the
recommendation of the Community Preservation Committee and to appropriate a
sum of money from the Community Preservation Committee Fund Balance for the
purpose identified below; and to further meet this appropriation, to authorize the
Town Treasurer, with the approval of the Board of Selectmen, to borrow a sum of
money pursuant to Section 11 of Chapter 44B of the General Laws and/or any
other enabling authority, and to issue any bonds or notes that may be necessary
for that purpose, for a period not to exceed 20 years, provided that the amount of
notes or bonds issued hereunder shall be reduced by the amount of the sales
proceeds, grant funds, and other money received before the sale of such notes or
bonds; and to transfer from available funds an additional sum of money for the
purpose of paying for the preparation, issuance and marketing of bonds and notes
issued hereunder and for paying interest on temporary notes issued in
anticipation thereof; to authorize the Town Administrator to enter into contracts
for the award of a grant to the following agency; to authorize the Community
Preservation Committee, pursuant to the provisions of Massachusetts General
Laws, Chapter 184, Sections 31 through 33, to require an Affordable Housing
Restriction in the awarding of the following grants; and to authorize the Town of
Brewster, acting by and through its Board of Selectmen, to hold and enforce such
Affordable Housing Restriction, all as follows:
Item: Category: Request:
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—Special Town Meeting May 5th, 2014—
1. Community Housing
a. Habitat for Humanity, Inc. for the acquisition, design, permitting and
development of deed restricted affordable housing on a portion of the property
located at 620 Tubman Road, Brewster:
or to take any other action relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
MOTION: I move that the Town appropriates $300,000, to pay costs of
developing community housing in conjunction with Habitat for Humanity,
Inc., including the acquisition, design, permitting and development of deed
restricted affordable housing on a portion of the property located at., 620
Tubman Road, including the payment of all costs incidental and related
thereto; that to meet this appropriation, the Town transfer the sum of
$300,000.00 from Community Preservation Fund Balance, that the Town
Administrator is authorized to enter into contracts for the award of a grant
to Habitat for Humanity, Inc., in support of this project; that the
Community Preservation Committee is authorized, pursuant to the
provisions of Massachusetts General Laws, Chapter 184, Sections 31 through
33, to require an Affordable Housing Restriction in the awarding of the grant
of funds to Habitat for Humanity, Inc.; and that the Town of Brewster, acting
by and through its Board of Selectmen, is authorized to hold and enforce
such Affordable Housing Restriction.
ACTION: Adopted.
LAND ACQUISITION
ARTICLE NO. 12: To see if the Town will vote to authorize the Selectmen to
acquire by gift, purchase or eminent domain pursuant to the authority conferred
in Massachusetts General Laws, Chapter 79 and/or any other enabling authority,
the parcel of land identified as "Lot 3" on the "Conceptual Division Plan of Land in
Brewster, MA, prepared for the Town of Brewster" by Down Cape Engineering,
Inc., Civil Engineers, Land Surveyors, 939 Main Street, Yarmouthport, MA,
02675, dated April 8, 2014, a copy of which can be viewed in the Town Clerk's
Office, which Lot 3 consists of approximately 3.56 acres and is the Southerly
portion of the parcel of land located at 620 Tubman Road, Brewster, Barnstable
County, Massachusetts, which parcel is shown as Lot 54 on Brewster Assessors
Map 65, and described in the deed recorded in the Barnstable County Registry of
Deeds in Book 2947, Page 197; to acquire said land for general municipal
purposes; to transfer from available funds a sum of money for this purpose; and
to authorize the Board of Selectmen to enter into all agreements and execute any
and all instruments as may be necessary on behalf of the municipality to effect
this acquisition and obtain reimbursement funding;
or take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve article no. 12 as printed in
the warrant and to transfer the sum of $53,400.00 from Free Cash for this
purpose
ACTION: Adopted.
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Special Town Meeting May 5th, 2014-
OTHER BUSINESS
ARTICLE NO. 13: To act upon any other business that may legally come
before this meeting.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to dissolve the 2014 Special Town
Meeting.
ACTION: Adopted Unanimously.
The Special Town Meeting of May 5th, 2014 was dissolved at 8:20p.m.
A True Copy Attest:
CetrtaC kabal)OX O
Colette M.- -i1liams;CMC/CMMC
Town Clerk
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