HomeMy Public PortalAbout2013-11-18-Special Town Mtg Report Special Town Meeting November 18th, 2013-
Report of the
Special Town Meeting
November 18, 2013
In accordance with the Warrant, the Special Town Meeting was held in the Stony
Brook Cafetorium on Monday, November 18th, 2013.
The meeting was called to order at 7:00pm. by the Moderator, Stephen L. Doyle.
The tellers were David Lahive, David Quinn, and David Whitney. The checkers
Lwere 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 278 of 7858 registered voters. 4%
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 & Rescue Association $120.00
Grand-total $12,322.00
or to take any other action relative thereto.
(Nine-tenth Vote Required) (Board of Selectmen)
a
MOTION: I move that the town vote to approve Article No. 1 as printed in
the warrant and to transfer the sum of $12,322.00 from Free Cash for these
purposes.
ACTION: ADOPTED UNANIMOUSLY.
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)
MOTION: I move that the town vote to approve Article No. 2 as printed in
the warrant and to transfer the sums of $119,479.00 from Free Cash and
$10,000.00 from Article No. 3, line item no. 7 (Police Department Wages) of
the 2013 Annual Town Meeting for these purposes.
ACTION: ADOPTED.
-Page 1 of 18-
Special Town Meeting November 18th, 2013-
. _
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 2014, 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. 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
Page 2 of 18-
f
Special Town Meeting November 18th, 2013-
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
7. Elementary School Department:
L 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
LGrand 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)
MOTION: I move that the town vote to approve Article No 3 as printed in
the warrant, and to appropriate the total sum of$1,512,538.00 for these
purposes, and in order to appropriate this total sum that the town transfer
the sums of
• $537,770.00 from Free Cash,
• $55,566.00 from the Water Surplus account,
• $287,500.00 from the Ambulance Receipts Reserved for Appropriation
account,
• $286,000.00 from the Golf Receipts Reserved for Appropriation
account,
• $9,662.00 from the Telecommunications account,
• $10,000.00 from the Crosby Mansion Revolving account,
• $50,000.00 from Article No. 3, section 9a (Historic Records
Preservation and Storage Facility) of the November 17, 2008 Special
Town Meeting,
• $25,000.00 from Article No. 8, section 3c (Street Sweeping and Catch-
basin Cleaning Material Disposal) of the May 3, 2010 Annual Town
Meeting,
• $16,540.00 from Article No. 13, section 3b (Engineering Expense for
Solid Waste Program) of the May 5, 2008 Annual Town Meeting,
• $12,000.00 from the Cemetery Perpetual Care account,
• $12,000.00 from Article No. 3, section 7b (Millsites Dam Replacement
Project) of the November 13, 2012 Special Town Meeting,
-Page 3 of 18-
Special Town Meeting November 18th, 2013-
...
• $10,500.00 from Article No. 3, section 9d (Replace/Repair Water
Fountain for the Stony Brook Elementary School) of the November 13,
2012 Special Town Meeting, and
• That the Town appropriates $200,000.00 to pay costs of the golf
course improvement/repair project, including the payment of all costs
incidental and related thereto, and 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(25) of the
General Laws, or pursuant to any other enabling authority, and to issue
bonds or notes of the Town therefor.
for these purposes.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE.
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 a.
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)
MOTION: I move that the town vote to approve Article No. 4 as printed in
the warrant.
ACTION: ADOPTED UNANIMOUSLY.
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)
MOTION: I move that the town vote to approve Article No. 5 as printed in
the warrant.
ACTION: ADOPTED UNANIMOUSLY.
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
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
Page 4 of 18-
Special Town Meeting November 18th, 2013-
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)
MOTION: I move that the town vote to indefinitely postpone consideration
of Article No. 6.
ACTION: ADOPTED TO INDEFINETLY POSTPONE.
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)
MOTION TO MOVE THE PREVIOUS QUESTION: ADOPTED
MOTION: I move that the town vote to approve Article No 7 as printed in
the warrant.
ACTION: ADOPTED YES - 213 NO - 30
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)
MOTION: I move that the town vote to approve Article No. 8 as printed in
the warrant.
ACTION: ADOPTED UNANIMOUSLY.
-Page 5 of 18-
Special Town Meeting November 18th, 2013-
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 ti
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
-Page 6 of 18-
Special Town Meeting November 18th, 2013-
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
s 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)
MOTION: I move that the town vote to approve Article No. 9 as printed in
the warrant.
ACTION: ADOPTED UNANIMOUSLY.
ZONING BYLAW AMENDMENT/Water Quality Review Committee
ARTICLE NO. 10: To see if the Town will vote to amend Chapter 179 of the
L 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
Page 7 of 18-
Special Town Meeting November 18th, 2013-
Commissioner and Health Agent shall serve as members of the WQRC while they
are employed in their respective positions.
So that it reads:
§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)
MOTION: I move that the town vote to approve Article No. 10 as printed in
the warrant.
ACTION: ADOPTED UNANIMOUSLY.
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
-Page 8 of 18-
Special Town Meeting November 18th, 2013-
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,
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
-Page 9 of 18-
Special Town Meeting November 18th, 2013-
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
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.
.;z
(Majority Vote Required) (Board of Selectmen)
MOTION TO MOVE THE PREVIOUS QUESTION: ADOPTED
MOTION: I move that the town vote to approve Article No. 11 as printed in
the warrant.
ACTION: ADOPTED.
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.
-Page 10 of 18-
Special Town Meeting November 18th, 2013-
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)
MOTION: I move that the town vote to indefinitely postpone consideration
of Article No 12.
ACTION: ADOPTED TO INDEFINITELY POSTPONE.
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)
MOTION: I move that the town vote to indefinitely postpone consideration
of Article No. 13.
ACTION: ADOPTED TO INDEFINITELY POSTPONE.
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)
MOTION: I move that the town vote to approve Article No. 14 as printed in
the warrant and to transfer the sum of$75,000.00 from Free Cash for this
purpose.
ACTION: ADOPTED UNANIMOUSLY.
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
-Page 11 of 18-
Special Town Meeting November 18th, 2013-
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)
MOTION: I move that the town vote to approve Article No. 15 as printed in
the warrant.
ACTION: ADOPTED UNANIMOUSLY.
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 Nr
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.
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)
MOTION: I, move that the town vote to approve Article No. 16 as printed in
the warrant, however that item la.(Habitat for Humanity of Cape Cod) be
amended to eliminate the words "up to six", so that the sentence will read as
follows:
Funding for acquisition of land and pre-development expenses for
the development of deed-restricted affordable homes for private
ownership by income-eligible buyers.
And to transfer the sums of$620,000.00 from the Fund Balance Reserve for
Affordable Housing account, the sum of$639,400.00 from the Budget
Reserve account, and $25,000.00 from the Fund Balance Reserve for Open
Space account for these purposes.
ACTION: ADOPTED.
-Page 12 of 18-
Special Town Meeting November 18th, 2013- .-
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
r 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
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.
-Page 13 of 18-
Special Town Meeting November 18th, 2013-
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.
"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.
-Page 14 of 18-
Special Town Meeting November 18th, 2013-
"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;
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. apply 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-
-Page 15 of 18-
Special Town Meeting November 18th, 2013-
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.
x�t
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.
�4.
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
-Page 16 of 18-
-Special Town Meeting November 18th, 2013-
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.
119-8 ENFORCEMENT
119-8.1 Non-Criminal Disposition
This Bylaw may be enforced by the Board of Selectmen, the Conservation
Commission, the Board of Health, and such other individuals as may be
designated by the Board of Selectmen.
Whoever violates any provision of this Bylaw may be penalized by a noncriminal
disposition process as provided in G.L. c.40, §21D and the Town's non-criminal
' disposition by-law (CH.8 of the Code of the Town of Brewster).
If noncriminal disposition is elected, then any person who violates any provision
of this Regulation shall be subject to a penalty in the amount of three hundred
dollars ($300.00) per day for each day of violation, commencing ten days following
day of receipt of written notice from the Town. Each day or portion thereof shall
constitute a separate offense. If more than one, each condition violated shall
constitute a separate offense.
-Page 17 of 18-
!;t
Special Town Meeting November 18th, 2013-
The Town may enforce this Bylaw or enjoin violations thereof through any lawful
process, and the election of one remedy by the Town shall not preclude
enforcement through any other lawful means.
119-9.1 SEVERABILITY
Should any section, part or provision of this Regulation be deemed invalid by a
court of competent jurisdiction, such decision shall not affect the validity of the
remaining terms of this Regulation as a whole or any part thereof, other than the
section, part or provision held invalid, which shall remain in full force and effect.
119-10 AMENDMENTS
No such amendment shall be effective unless the proposed amendment has been
reviewed and approved by the Board of Selectmen.
Amendments shall also be subject to the procedures set out in Sections 10 and 11
of the Cape Cod Commission Act, Chapter 716 of the Acts of 1989, as amended.
Specifically, amendments must also be consistent with the Fertilizer Management
District of Critical Planning Concern designation, Barnstable County Ordinance
13-07 and the Guidelines for Implementing Regulations set out therein, including
the requirement for consistency with the BMP.
119-11 EFFECTIVE DATE
The effective date of this Bylaw shall be the publication date pursuant to G.L. c.
111, §31, provided the Bylaw has been certified by the Cape Cod Commission as $;
consistent with the Fertilizer Management District of Critical Planning Concern
designation, Barnstable County Ordinance 13-07.
119-12. INTERIM PROVISION
Notwithstanding any provisions to the contrary contained herein, any application fn
of fertilizer to turf shall be made in accordance with the BMP unless and until the
Fertilizer Certification process outlined in Section 119-6 is implemented.
or take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to indefinitely postpone consideration
of Article No. 17.
ACTION: ADOPTED UNANIMOUSLY TO INDEFINITELY POSTPONE.
AM'OTHER BUSINESS
ARTICLE NO. 18: To act on 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 2013 Special Town k
Meeting.
ACTION: ADOPTED UNANIMOUSLY.
The Special Town Meeting of November 18th, 2013 was dissolved at 8:35p.m.
A True Copy Attest:
ablittk,L La; Ofw
Colette M. Williams, CMC/CMMC
Town Clerk
-Page 18 of 18-