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HomeMy Public PortalAbout2014-05-05-Special Town Mtg Warrant SPECIAL TOWN MEETING MAY 5, 2014 Barnstable, ss To: Roland W. Bassett, Jr. LConstable of the Town of Brewster Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Brewster, qualified to vote in town affairs, to meet at the Stony Brook Elementary School Cafetorium, on Monday the 5th day of May, 2014 next, at 7:05 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 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, t or to take any other action relative thereto. (Nine-Tenths Vote Required) (Board of Selectmen) 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 L kAnnual Town Meeting, 4 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, 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) PRIVATE ROAD ENGINEERING SERVICES/Ebenezer Lane Project 5 rF 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) } 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 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: v Project Requests: Funding: L 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) 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 4 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) (Elementary School Committee) 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 as Water Commission) on) 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) 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 lc. (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) 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) 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) 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: 1. Community Housing a. Habitat for Humanity, Inc. for the acquisition, design, permitting and fi 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) 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) • ry 'tk xt 2 OTHER BUSINESS ARTICLE NO. ) : To act upon any other business that may legally come before this meeting. (Majority Vote Required) (Board of Selectmen) Given under our hand and Seal of the Town of Brewster affixed this 7th d y of Ap , 2014. John eodore Dickson , Chairman James W. Foley//ice-Chairman 7--) i_ . _____ire.2L 1 o.(67./0.,i 5- 1—Z_ L,,, Patricia E. Hughes, Jerk Benjamin W. deRu r a,),-, 46trwtv-- Peter G. Norton 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 May 5, 2014 by posting attested copies thereof, in the following locations in the Town on the 11th day of April, 2014. Brewster Town Offices Café Alfresco LBrewster Ladies Library Brewster Pizza House The Brewster Store Millstone Liquors Brewster Farms U. S. Post Office iAudi/O.'het., i it,,i4 Roland W. Bassett, J‘. Constable i 4