HomeMy Public PortalAbout2012-10-29-Special Town Mtg Warrant 1
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TOWN OF BREWSTER
SPECIAL TOWN MEETING
OCTOBER 29, 2012
Barnstable, ss
To: Roland W. Bassett, Jr.
Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby
directed to notify and inform the Town of Brewster inhabitants qualified to vote in
Town affairs to meet at the Stony Brook Elementary School Cafetorium on
Monday, October 29, 2012, next, at 7:00 p.m. o'clock in the evening, then and
there to act upon the following articles:
UNPAID BILLS
ARTICLE NO. 1: To see if the Town will vote to transfer from the
Ambulance Receipts Reserved for Appropriation account the sum of TWO
HUNDRED EIGHTY AND 00/100 DOLLARS ($280.00) to pay the following bills
incurred but unpaid during a previous fiscal year, as follows:
a. Brewster Rescue 86 Firefighters Association, Inc. $120.00
b. Bayside Equipment, Inc. $160.00
Grand-total $280.00
or to take any other action relative thereto.
Item (Nine-Tenths Vote Required) (Board of Selectmen)
BUDGETARY TRANSFERS
ARTICLE NO. 2: To see if the Town will vote to transfer from available
funds in some departments an amount of money to be used in conjunction with
funds appropriated under current fiscal year budgets to pay shortfalls that would
otherwise exist in the Fiscal Year 2013 Budget of other departments, as follows:
a General Liability Insurance Expense . $11,444.00
b Veterans Memorial Expense $2,000.00
c Fire Department Expenses $3,500.00
d Town Clerk/Archivist Expense $1,000.00
e Animal Rescue League Kennel Expense $3,000.00
f. Personnel Bylaw Wage Adjustments 53,800.00
Grand-total $24,744.00
or to take any other action relative thereto.
Item (Majority Vote Required) (Board of Selectmen)
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO. 3: To see if the Town will vote to raise and appropriate,
transfer from available funds and/or borrow a sum of money for the purpose of
funding the following capital acquisitions and special project expenditures to be
undertaken during Fiscal Year 2013 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:
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1. Board of Selectmen: Request Totals
a.. Town Hall HVAC System Repairs $27,000.00
b. GIS Online GIS/Database $9,000.00
c. Town Hall Renovation Project $7,000.00
d. Assessors Mapping Services $7,500.00
e. Professional Services for Water Planning $130,000.00
Project
f. Bikeway Signage Project $2,625.00
g. Technology Projects $20,000.00
h. All Citizens Access Project $13,0000.00 &.
Sub-total $216,125.00
2. Fire Department:
a. Fire Apparatus Lease Payments $108,000.00
b. Dispatch Services $35,000.00
c. Rescue Billing Services $17,000.00
d. Self Contained Breathing Apparatus Lease $30,000.00
Payment
e. CMED Funding $5,000.00
Sub-total $195,000.00
3. Department of Public Works:
a. Roadway/Drainage Repair Funding $50,000.00
b. Road Sweeper Lease Payment $38,900.00
c. MS4 Implementation Expense $45,000.00
d Transfer Station Facilities & Equipment $31,200.00
Repair Project
e. Paines Creek Parking Lot Paving Project $18,000.00
f. Roll-Off Truck Acquisition $75,000.00
g. Guard Rail Replacement Project $20,000.00
h. Transfer Station Site Modification Design $33,500.00
Expense
i. Fisherman's Landing Repair Expense $40,000.00
j. Fuel Depot Spill Prevention Plan Expense $4,000.00
k. Beach Sand Replenishment Expense $20,000.00
Sub-total $375,600.00
4. Police Department:
a. Police Station Carpet Replacement Project $14,000.00
Sub-total $14,000.00
5. Golf Department:
a. Radio System Project $34,956.00
b. Mower Equipment Lease Purchase Payment $46,410.00
c. Irrigation Satellite Replacement Project $102,237.00
Sub-total $183,603.00
6. Water Department:
a. Well No. 1 & 2 Pump Station Safety $50,000.00
Modifications
Sub-total $50,000.00
7. Natural Resources Department:
a. Trail & Park Enhancement $10,000.00
b. Millsites Dam Replacement Project $100,000.00
Sub-total $110,000.00
8. Recreation Department:
a. Registration Program Expense $6,000.00
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b. Radio Repairs $1,000.00
c. Park Design Engineering & Permitting $74,000.00
Expense
Sub-total $81,000.00
9. Elementary School Department:
a. HVAC Maintenance & Repairs $25,000.00
b. Roof Feasibility Study for the Eddy $50,000.00
Elementary School
L c. Repair/Replace Windows for the Stony $10,000.00
Brook Elementary School
d. Replace/Repair Water Fountain for the $12,000.00
Stony Brook Elementary School
e. Lavatory Repairs for the Eddy Elementary $6,000.00
School
f. Interior/Exterior Painting Project $20,000.00
g. Replace Stage Curtains at the Stony Brook $23,000.00
Elementary School
h. Carpet & Tile Replacement Project $30,000.00
i. Replace Cafeteria Tables & Chairs at Stony $35,000.00
Brook Elementary School
j. Replace/Upgrade Clock & Intercom System $9,000.00
at the Eddy Elementary School
Sub-total $220,000.00
Grand Total $1,445,328.00
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or to take any other action relative thereto.
(Majority Vote Required or Two-thirds (Board of Selectmen)
Vote Required if borrowing is
requested)
SPECIAL REVENUE FUND/Cable Franchise Fee Account
ARTICLE NO. 4: To see if the Town will vote to transfer the sum of ONE
HUNDRED NINE THOUSAND THREE HUNDRED SEVENTY TWO AND 00/100
DOLLARS ($109,372.00) from the Cable Franchise Fee account for the 2013
fiscal year for local cable television related purposes, including, but not limited to
the general public purpose of supporting and promoting public access to the
Brewster cable television system; training in the use of local access equipment
and facilities; access to community, municipal and educational meeting coverage;
use and development of an institutional network and/or municipal information
facilities; contracting with local cable programming services providers and/or any
other appropriate cable related purposes, or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
FUEL ASSISTANCE FUNDING
ARTICLE NO. 5: To see if the Town will vote to transfer from Free Cash the
sum of TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) for the Lower
Cape Outreach Council, Inc. and to authorize the Board of Selectmen to enter into
contracts with this organization in order to provide fuel assistance services for
residents of Brewster, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
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POLICE UNION COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 6: To see if the Town will vote to transfer from Free Cash
the sum of THIRTY THREE THOUSAND TWO HUNDRED AND 00/100
DOLLARS ($33,200.00) to be used to meet the terms and conditions of the
proposed Collective Bargaining Agreement, effective July 1, 2012, between the
Town of Brewster and the Police Officers, or to take any other action relative
thereto.
I(Majority Vote Required) (Board of Selectmen)
LIBRARY UNION COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 7: To see if the Town will vote to transfer from Free Cash
the sum of THREE THOUSAND SIX HUNDRED EIGHTY-EIGHT AND 00/100
DOLLARS 03,688.00) to be used to meet the terms and conditions of the
proposed Collective Bargaining Agreement, effective July 1, 2012, between the .
Trustees of the Brewster Ladies Library and the Library employees, or to take
any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
RESCIND DEBT AUTHORIZATION
ARTICLE NO. 8: To see if the Town will vote to rescind the authorization to
incur debt, as follows:
a. Mathews Property - $380,000 (Article 22, May 3, 2010 Town Meeting)
b. Hazel Lane - $10,420 (Article 25, May 3, 2010 Town Meeting)
c. Allen Drive - $13,435 (Article 20, May 2, 2011 Town Meeting)
d. Jackson Property - $25,000 (Article 9, November 7, 2011 Town Meeting)
e. Seidel Property - $20,000 (Article 10, November 7, 2011 Town Meeting)
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
LAND ACQUISITION/Community Preservation Act
ARTICLE NO. 9: To see if the Town will vote to authorize the Board
of 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, two tracts of vacant land as identified herein below:
Parcel A: A tract of vacant land located at Freeman's Way in Brewster,
Barnstable County, Massachusetts, consisting of 26.65 acres, more or less,
shown on a definitive subdivision plan of land entitled, "Definitive Open Space
Subdivision Plan of Land of Naumkeag Acres in Brewster, MA prepared for Peter
Copelas, Date: May 13, 2010, Scale: 1" = 80', Down Cape Engineering, Inc., 939
Main Street (Rte. 6A), Yarmouthport MA 02675," a copy of which is on file with
the Brewster Town Clerk and in the Barnstable County Registry of Deeds in Plan
Book 637, Page 9; Portions of Parcel A are included within Old Brewster
Assessor's Maps 42, Lots 66 and 67, and Map 47, Parcel 37; and,
Parcel B: A tract of vacant land located at Slough Road in Brewster,
Barnstable County, Massachusetts, consisting of 55.20 acres, more or less, and
shown on a definitive subdivision plan of land entitled, "Definitive Subdivision
Plan of Windrift Acres in Brewster, MA, Prepared for Peter Copelas, Date: April
12, 2010, Revised 8-25-10 (Convert 2 Proposed Lots to Open Space);" Parcel B is
comprised of the lots identified on the Old Brewster Assessor's Map 51 as
Parcels 3, 4, 5, 47 and 74;
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to acquire said land for open space, watershed protection, conservation and
passive recreation purposes for the general public, consistent with the provisions
of Mass. Gen. Laws, Ch. 40, §8C, 310 C.M.R. 22.00 or, in the event Drinking
Water Supply Protection grant funds are awarded towards the purchase of either
parcel, to acquire said parcel(s) for uses consistent with Mass. Gen. Laws, Ch.
40, §§ 38, 39B, and 41; to appropriate the sum of Six Hundred Sixty
Thousand and 00/100 Dollars ($660,000.00)to pay costs of the acquisition of
Parcel A, and the sum of One Million One Hundred and Forty Thousand and
00/100 Dollars ($1,140,000.00) to pay the costs of the acquisition of Parcel B,
and to further meet this appropriation, to authorize the Town Treasurer, with
the approval of the Board of Selectmen, to borrow up to the sum of a total of One
Million Eight Hundred Thousand and 00/100 Dollars ($1,800,000.00)
pursuant to the provisions of Massachusetts General Laws, Chapter 44, Section
7(3) and Section 8C, and/or any other enabling authority, and to issue bonds
and/or notes of the Town therefor; to authorize the Town Treasurer to transfer
from available sums the sum of Five Thousand and 00/100 Dollars
{ ($5,000.00) for the purpose of paying incidental and related costs, including
costs for expert appraisals, engineering/surveying, grant funding applications
and grant compliance, and the preparation, issuance and marketing of notes
and bonds issued hereunder and for paying interest on temporary notes issued
in anticipation thereof; to authorize the Board of Selectmen and the
Conservation Commission to apply for, accept and expend any funds which may
be provided by the Commonwealth or other public or private sources to defray a
portion or all of the costs of acquiring this property, including but not limited to
funding under the Self-Help Act, General Laws, Chapter 132A, Section 11 (now,
so-called LAND grants), and the so-called Drinking Water Supply Protection
program, General Laws, Chapter 111, Section 160, provided that the amount of
notes or bonds issued hereunder shall be reduced by the amount of any such
grants received or funds accepted prior to the sale of such notes or bonds; and
further provided that any such sums from non-municipal sources shall be
deposited in the open space account of the Community Preservation Fund; to
authorize the Board of Selectmen, acting by and through its Conservation
Commission or Board of Water Commissioners, as the case may be, to grant to
the Trustees of the Brewster Conservation Trust, for no consideration, or other
qualified entities, for consideration, a perpetual Conservation Restriction on said
Parcel A and Parcel B, pursuant to the provisions of General Laws, Chapter 184,
Sections 31 through 33, allowing the aforementioned uses at the time of closing
or within a reasonable amount of time thereafter; and, to authorize the
Conservation Commission to assume the care, custody, control and
management of the property or, in the event Drinking Water Supply Protection
grant funds are awarded towards the purchase of the property, to authorize the
Board of Water Commissioners to hold and manage the property; and, to
authorize the Town Treasurer, Board of Selectmen, Conservation Commission,
and Board of Water Commissioners to enter into all agreements and execute any
and all instruments as may be necessary on behalf of the municipality to effect
this purchase and obtain reimbursement funding; or to take any other action
relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
SPECIAL LEGISLATION/Rooms Occupancy Tax
ARTICLE NO. 10: 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
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total amount of the rate for each such occupancy. Vacation or leisure
accommodation is further defined to include only paid occupancy for a
period of ninety consecutive days or less, regardless of whether such use
and possession is as a lessee, tenant, guest or licensee, but excludes those
accommodations specifically exempted from General Laws, Chapter 64G, in
Section 2 of that chapter."
and to state that the legislature may vary the form of the enactment in order to
properly achieve its objectives; or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
PROPERTY EASEMENT/Dam Reconstruction Improvement Project
ARTICLE NO 11: To see if the Town will vote to authorize the Board of
to acquire an easement by gift for the purpose of reconstructing,
repairing and maintaining the existing dam over the Herring Run on the following
parcels of land: Parcel 1) the property located at 964 Satucket Road and identified
as Lot 22 on Brewster Assessor Map 36, and further described in the Deed of
Catherine C. Mundy, Trustee of High Brewster Realty Trust, dated June 1, 2001,
recorded with the Registry in Book 13895, Page 240; and Parcel 2) the property
located at Old Run Hill Road, included as a portion of Lot 18-1 on Brewster
Assessor's Map 36, shown as Parcel A on a plan of land recorded with the Registry
in Plan Book 635, Page 64, and further described in the Deed of Caroline Trickey
et al., dated July 12, 2010, recorded with the Registry in Book 24678, Page 207;
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
ZONING BYLAW AMENDMENT/Noise
ARTICLE NO 12: To see if the Town will vote to amend the Town of Brewster
Zoning By-laws Chapter 179-66 (Site Plan standards), by adding a subsection I
containing the following language:
I. Noise. Where exterior noise levels after construction are expected to exceed 100
decibels at the source for more than 15 minutes at a time, continually on a
regular or sporadic basis, the applicant shall be required to show the Planning
Board the means by which this impact shall be mitigated. The Board shall have
the authority to require greater degrees of mitigation if the Board is not
satisfied that the resultant noise level will have a minimal effect on
surrounding neighborhoods or wildlife habitats.
or take any other action relative thereto #=
(Two-thirds Vote Required) (Planning Board)
NSTAR / Utility Easement
yk:
ARTICLE NO 13: To see if the Town will vote to authorize the Board of
Selectmen to grant to NSTAR, Inc., for no consideration an underground easement
for the transmission and distribution of electricity on Town-owned property in
order to provide service to the new Water Department Well No 6, located at 379
West Gate Road, or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
TRANSFER CUSTODY/Town Open Space Property
ARTICLE NO 14: To see if the Town will vote to transfer the care, custody,
control and management of the following parcels of town-owned land from the
Selectmen for general municipal purposes to the Conservation Commission for
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open space, passive recreation, conservation, and watershed protection purposes
under G.L. c. 40, §8C:
Assessors' Information: Acres: Location:
a) Map No. 9, Parcel No. 23 0.93 0 Slough Road, Elbow Pond
b) Map No. 9, Parcel No. 25 0.92 0 Slough Road, Elbow Pond
c) Map No. 9, Parcel No. 24 0.62 0 Slough Road, Elbow Pond
or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
TRANSFER CUSTODY/ Town Tax Title Property
ARTICLE NO. 15: To see if the Town will vote to transfer the care, custody,
control and management of the following parcels of town-owned land currently
from the Selectmen for general municipal purposes to the Water Department for
watershed protection, public water supply development, passive recreation
purposes and uses consistent with G.L. c. 40, §§39B and 41:
Assessors' Information: Acres: Location:
a) Map No. 9, Parcel No. 12 11.3 0 Slough Road Rear
b) Map No. 106, Parcel No. 5 5.8 0 Long Pond Road Rear
or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
TRANSFER CUSTODY/Town Property
ARTICLE NO. 16: To see if the Town will vote to authorize the Selectmen to
divide the following town-owned parcel of land, currently held in the care, custody
and control of the Selectmen for general municipal purposes into two parcels of
land, and to transfer the care, custody, control and management of the resulting
parcel that contains the tennis courts from the Selectmen to the Recreation
Department for recreational purposes consistent with General Laws, Chapter 45,
Section 14 and the other resulting parcel containing the parking area from the
Selectmen to the School Committee for educational purposes consistent with
General Laws, Chapter 43, Section 33; and to transfer from Free Cash the sum of
THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($3,500.00) for
surveying and engineering professional services in order to effectuate said
division:
Assessors' Information: Acres: Location:
a) Map No. 76, Parcel No. 21 4.89 0 Underpass Road
or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
TRANSFER CUSTODY/Town Property
ARTICLE NO. 1 7: To see if the Town will vote to authorize the Selectmen to
divide the following town-owned parcel of land, currently held in the care, custody
and control of the Selectmen and improved with the Brewster Police Department
facility, into two parcels of land with the police facility on one resulting parcel and
a resulting vacant parcel of a size to be determined by the Selectmen to the rear;
and to transfer the care, custody, control and management of the resulting vacant
parcel of land from the Selectmen to the Recreation Department for recreation
purposes consistent with General Laws, Chapter 45, Section 14; and to retain the
resulting police facility parcel in the care, custody, control and management of the
Selectmen; and to transfer from Free Cash the sum of 1VINE THOUSAND SEVEN
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HUNDRED AND 00/100 DOLLARS ($9,700.00) for survey and engineering
professional services in order to effectuate said division:
Assessors' Information: Acres: Location:
a) Map No. 64, Parcel No. 28 37.74 631 Harwich Road
or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
COMMUNITY PRESERVATION ACT FUNDING/Allocations
ARTICLE NO.18: To see if the Town will vote to act upon the
recommendations of the Community Preservation Committee; to appropriate the
sum of FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($400,000.00)
from the Fund Balance Reserved for Community Housing account, FORTY-FIVE
THOUSAND AND 00/100 DOLLARS ($45,000.00) from the Fund Balance
Reserved for Historic Preservation account and FIFTEEN THOUSAND AND
00/100 DOLLARS ($15,000.00) from the Budget Reserve account to spend
during Fiscal Year 2013 or to hold for future expenditure the following sums from
the Fund's Fiscal Year 2013 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. Housing:
a. Preservation of Affordable Housing (POAH)
Kings Landing Project. $400,000.00
2. Historic Preservation:
a. Millsites Dam Restoration Project $60,000.00
Grand-total $460,000.00
or to take any other action relative thereto.
(Majority Vote Required) (Community Preservation Committee)
HISTORICAL COMMISSION/Membership
ARTICLE NO. 19: To see if the Town will vote to expand the membership of
the Historical Commission, under the provisions of Chapter 40, section 8d from
the current composition of five member to include up to seven members to be
determined and appointed by the Board of Selectmen, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
PLANNING as IMPLEMENTATION OF A RECYCLING as SOLID WASTE
REDUCTION PROGRAM
Article No. 20: To see if the Town will vote to transfer from Free Cash the sum
of THIRTY-FIVE THOUSAND AND 00/100 DOLLARS ($35,000.00) which will be
utilized by the Board of Selectmen and the Recycling Commission to study,
develop, advance and implement a recycling and waste reduction 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
;gym.
action relative thereto.
(Majority Vote Required) (Board of Selectmen)
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�Y'
t
ANY OTHER BUSINESS
ARTICLE NO. 21: To act on any other business that may legally come before
this meeting.
(Majority Vote Required) (Board of Selectmen)
And you are hereby directed to serve this Warrant with your doings thereon to the
Town Clerk at the time and place of said meeting as aforesaid.
LGiven under our hand and Seal of the Town of Brewster affixed this 1st day of
October, 2012.
Je606419.1-0(
R. iel Rabo , Nairn Jo Theodore Dickson, Vice-Chairman
Edward S. Lewis, Clerk - es W. Foley/
' , _ /ntsci -
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 October
29, 2012 y posting attested copies thereof, in the following locations in the Town
on the evu day of October, 2012.
Brewster Town Offices Brewster Farms Brewster
Ladies Library Brewster Pizza House
The Brewster Store Millstone Liquors
U. S. Post Office
,
Roland W. Bassett, Jr. Constable
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