HomeMy Public PortalAbout2014-11-17 Special Town Mtg Warrant TOWN OF BREWSTER
SPECIAL TOWN MEETING
NOVEMBER 17, 2014
Barnstable, ss
To: Roland W. Bassett, Jr.
Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby
directed to notify and inform the Town of Brewster inhabitants qualified to vote in
Town affairs to meet at the Stony Brook Elementary School Cafetorium on Monday,
November 17, 2014, next, at 7:00 p.m. o'clock in the evening, then and there to act
upon the following articles:
UNPAID BILLS
ARTICLE NO. 1: To see if the Town will vote to transfer from available funds
a sum of money to pay bills incurred but unpaid during a previous fiscal year, or to
take any other action relative thereto.
a Poland Springs $123.00
b Airgas USA, LLC $23.00
c Corp Brothers, LLC $27.00
d Mayflower Glass Company, Inc. $303.00
e Aramark Uniform Services $118.00
f. Rite Aid $100.00
g. Perkins Paper, LLC 275.00
h. Grainger 72.00
Grand-total $1,041.00
or to take any other action relative thereto.
(Nine-tenth Vote Required) (Board of Selectmen)
BUDGETARY TRANSFERS
ARTICLE NO. 2: To see if the Town will vote to transfer from available funds
in some departments an amount of money to be used in conjunction with funds
appropriated under current fiscal year budgets to pay shortfalls that would
otherwise exist in the Fiscal Year 2015 Budget of other departments, as follows:
a Unclassified/Utilities $76,418.00
b Board of Selectmen Printing Expense $2,000.00
c Town Hall Maintenance Expenses for Elevator Repair $4,300.00
Grand-total $82,718.00
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO. 3: To see if the Town will vote to raise and appropriate,
transfer from available funds and/or borrow a sum of money for the purpose of
funding the following capital acquisitions and special project expenditures, to be
undertaken during Fiscal Year 2015, 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
Page 1 of 15
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to be applied toward the cost of acquiring said equipment or services as the case t
may be:
1. Board of Selectmen: Request Totals
a. Veteran's Memorial Expense $5,000.00
b. Town Facilities Security Enhancement Project $108,413.00
c. Technology Project $50,000.00
d. Integrated Water Resources Management Planning $40,000.00
Project
e. All Citizens Access Projects $7,890.00
f. Planning Data Survey Expense $10,000.00
g. Council on Aging Transportation Van $40,000.00
h. Local Video Return and Data Network Project $161,358.00
i. Town Buildings Repair Projects $9,755.00 —"
j. Library Parking Lot Design Expense $11,500.00
k. Recruitment Professional Services $20,000.00
1. Council on Aging/Community Center $35,000.00
Feasibility Needs Assessment Study
Sub-total $498,916.00
2. Fire Department:
a. Ambulance Lease Payment $25,000.00_
b. Apparatus Lease Expense $108,000.00_
c. Dispatch Services Expense $35,000.00_
d. Rescue Services Expense $17,000.00
e. Self-Contained Breathing Apparatus Equipment $30,000.00
Lease Payment Expense
f. Nozzles, Appliances, Miscellaneous Fire Equipment $15,000.00_
g. Personal Protective Equipment Expense $15,000.00
h. Radio Communications Equipment Expense $30,000.00
i. Airbag Replacement Program $20,000.00
j. Fire Station Maintenance and Repairs $10,000.00
k. Assistance to Firefighters Grant Program $40,000.00
(Local/Regional Grants) _
Sub-total $345,000.00
3. Department of Public Works:
a. Road/Drainage Repairs $125,000.00
b. Beach Sand and Beach Reclamation Materials $20,000.00 _
c. Landfill Monitoring Expense $6,000.00
d. Truck Replacement (H-8/2006) $70,000.00
e. Open Top Containers (2 units) $13,000.00
f. Closed Top Containers (4 units) $29,650.00
g. Container Compacting Equipment (2 units) $45,900.00
h. Guard Rail Replacement Program $20,000.00
i. Tree Maintenances Services $20,000.00
Sub-total $349,550.00
4. Police Department:
a. Police Vehicle Replacement $35,500.00
b. Restraint Equipment $3,000.00
Sub-total $38,500.00
5. Golf Department:
a. Lightning Warning System $20,240.00
b. Workman Utility Vehicles Lease (4 units) $22,000.00
c. Rough Mowers (2 units) $27,000.00~
d. Sidewinder Rough Mower $7,000.00
e. Verticut Reels $8,000.00
Sub-total $84,240.00
Page 2 of 15
6. Natural Resources Department:
a. Conservation Buildings Maintenance $10,000.00
b. Trail, Park and Landing Management Expenses $10,000.00
c. Breakwater Beach Parking Lot Reconstruction $10,000.00
Project
d. Town Beaches & Landing Sign Project $4,000.00
e. Millsites Building Repair Project $27,000.00
Sub-total $61,000.00
7. Elementary School Department:
a. Stony Brook Café Door Replacement Projects $25,000.00
b. Stony Brook Window Blinds Replacement Project $10,000.00
c. Stony Brook School Building Window Design $8,000.00
Services
d. Technology Project $30,000.00
Sub-total $73,000.00
8. Ladies Library:
a. Technology Project $10,000.00
Sub-total $10,000.00
9. Water Department:
a. Well No. 6 Debt Payment $17,015.00
Sub-total $17,015.00
Grand Total $1,477,221.00
or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
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 NINE THOUSAND SEVEN HUNDRED SIXTY FOUR AND 00/100
DOLLARS ($149,764.00) from the Cable Franchise Fee account for the 2015 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)
HOME HEATING ASSISTANCE
ARTICLE NO. 5: To see if the Town will vote to transfer from Free Cash the
sum of FOURTEEN THOUSAND AND 00/100 DOLLARS ($14,000.00) 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)
Page 3 of 15
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 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)
INSURANCE RESERVE FUND for PUBLIC SAFETY EMPLOYEES
ARTICLE NO 7: To see if the Town will vote to appropriate a sum of money
to add to the Town's insurance fund to pay workers' compensation under Section
13A of Chapter 40 of the General Laws, and to transfer from Free Cash the sum of
TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00) for this purpose, or
to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
TRI-TOWN SEPTAGE TREATMENT PLANT
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ARTICLE NO 8: To see if the Town will vote to transfer the sums of ONE
HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000.00) DOLLARS from
Free Cash and, to expend such funds on costs associated with the engineering,
design, operation, repair and maintenance of the Tri-Town Septage Treatment
Facility for the remaining term of the Intermunicipal Agreement between the Towns
of Orleans, Brewster and Eastham for the Construction, Management, and
Operation of a Septage Treatment Facility; and, alternatively, to expend such funds
on costs associated with the engineering, design and demolition of said Facility
upon the final expiration of said Agreement; and to authorize the Board of
Managers, with the permission of the Board of Selectmen, to solicit bids and/or
proposals, enter into a contract or contracts, and to expend said funds for said
purposes; 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 a parcel of vacant land designated on Brewster Assessors'
Map 26 as Parcel 31, located at 0 Main Street, in Brewster, Barnstable County,
Massachusetts, consisting of 3.08 acres, more or less, and more accurately
described in deeds recorded in the Barnstable County Registry of Deeds in Deed
Book 22866 Page 303, and shown as Parcel 2 on a plan of land entitled, "Plan of
Page 4 of 15
Land in Brewster, Massachusetts as surveyed and prepared for Robert H. Cope,
Jr. made by Bennett & O'Reilly, Inc. and Outermost Land Survey, Inc., Scale 1" =
40', June 26, 2006" and recorded in the Barnstable County Registry of Deeds in
Plan Book 610 Page 25, a copy of which is on file with the Brewster Town Clerk; to
acquire said parcel by gift, purchase and/or eminent domain taking under
Massachusetts General Laws, Chapter 79, or any other enabling authority; to
acquire said land for 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, and Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts; to appropriate the sum of FIVE HUNDRED
_ THOUSAND AND 00/100 DOLLARS ($500,000.00) to pay costs of this
acquisition, and all other costs incidental and related thereto; to authorize the
Town Treasurer, with the approval of the Board of Selectmen, to borrow up to the
sum of FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500,000.00)
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 TWENTY THOUSAND AND 00/100 DOLLARS
($20,000.00) for the purpose of paying incidental and related costs, including
costs for 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), 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 to grant to the Trustees of the Brewster Conservation Trust, a
perpetual Conservation Restriction on said premises 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; and to authorize the Board of Selectmen and
Conservation Commission 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)
ZONING MAP AMENDMENT/East Brewster Village Business District
ARTICLE NO 10: To see if the Town will vote to amend the Town of Brewster
Zoning Bylaw, Chapter 179, Section 179-3, Districts Enumerated, Subsection C,
Village Business District, and Section 179-4, Zoning Map Established, by amending
the Zoning Map to convert certain portions of the Village Business District to
Commercial High Density District, all as shown on the sketch entitled "Article 10 -
Zoning Map Amendment: East Brewster Village Business District" a copy of which
is on file with the Brewster Town Clerk, and by further amending Section 179-3C to
add the following language:
For the Village Business (VB) zoning district at the eastern end of Main Street at the
Brewster/Orleans line:
A. Retain the area from the center line of Main Street to the south as a Village
Business district with the same boundaries as the existing district.
B. For the area from the center line of Main Street starting at the Orleans line, a
Commercial High Density (CH) zoning district will be created by a new line to
be drawn:
Page 5 of 15
1. North for 400 feet, turning west and running 650 feet to the centerline of
the north/south portion of Southern Eagle Cartway.
2. Turning south along the north/south centerline of Southern Eagle Cartway
to a point 220 feet to the south.
3. Turning west and running parallel to Main Street 210 feet.
4. Turning north to the centerline of the east/west portion of Southern Eagle
Cartway. Continuing west to the centerline of Eldridge Road.
5. Turning north for 110 feet along the centerline of Eldridge Road. Turning
west 225 feet, and turning south to the centerline of Main Street.
6. Turning east along the center line of Main Street to the Orleans line.
C. The parcel currently known as 27 Southern Eagle Cartway (Assessor's Map
138 Lot 38) will become Residential Medium Density (RM).
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
TOWN CODE AMENDMENT/Control of Fertilizer Nutrient
ARTICLE NO. 11: 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. Findings
The Town of Brewster herein makes the following findings:
A. There is sufficient scientific evidence demonstrating that excessive nutrient
enrichment of the region's water resources can have numerous, significant
negative impacts;
B. Public health risks from excessive loading of nutrients to water resources may
include direct detrimental effects on drinking water sources by increased
concentrations of nitrates that can violate Safe Drinking Water Standards;
C. Degradation of the quality of water resources can have significant negative
impacts to the local and regional economy, and the fiscal well-being of the
Town.
D. The Town has significant amounts of glacially deposited coarse, sandy soils
that are subject to rapid water infiltration, percolation, and leaching of
nutrients.
E. The Town's soil characteristics mean that agronomic practices of soil
fertilization common in other parts of the region, state and country may not
always apply in the Town, as these practices vary by soil type.
F. Scientific literature demonstrates that a significant potential source of
nutrient loading to water resources is from inappropriate and/or improper
use of turf fertilizer.
§119-2. Purposes
It is the overarching goal of the Town of Brewster to provide a regulatory framework
that results in the planting and maintenance of minimally managed turf areas.
Consistent with this goal, and based on the findings provided in §119-1, the Town
provides this By-Law to achieve the following purposes. —
A. To ensure application of fertilizer shall be performed in a manner consistent
with Best Management Practices (BMP's), which from time to time may
undergo changes in response to scientific research.
B. To provide a legal mechanism for enforcement against the inappropriate
and/or improper use of fertilizer.
Page 6 of 15
C. To incorporate, by reference, the University of Massachusetts Extension's Turf
Management BMP's as the primary standard for the content and application
practices related to turf fertilizer;
D. To provide a regulatory tool that will help Brewster to achieve compliance with
the Total Daily Maximum Loads (TMDL) for the Town's water resources
prescribed by the Commonwealth of Massachusetts.
E. To provide standards that will allow reasonable use of fertilizers for the
enhancement and maintenance of turf quality.
F. To conserve valuable waterways and other resources that increase property
values, protect the unique environment vital to our economy, and reduce the
financial burden on taxpayers and property owners by regulating the outdoor
application of nitrogen on turf.
G. To help achieve the goals of the Brewster Water Protection DCPC, the Cape-
"`t Wide Fertilizer Management DCPC, and the Local Comprehensive Plan.
§119-3. Authority
This By-law is adopted by the Town of Brewster as Implementing Regulations
pursuant to and as authorized by the Fertilizer Management District of Critical
Planning Concern designation, Barnstable County Ordinance 13-07, and by Section
9 of Chapter 262 of the Acts of 2012.
§119-4. Applicability
A. This By-law shall apply to and regulate any and all applications of nitrogen
through fertilizer on managed turf areas within the Town of Brewster.
B. Applications of fertilizer for agriculture and horticulture uses are exempt from
the provision of this by-law as they are regulated by the MDAR Fertilizer
Regulations.
C. Applications of fertilizer to vegetated areas that do not include managed turf
areas are not subject to the provisions of this By-Law as they are regulated by
the MDAR Fertilizer Regulations.
§119-5. Definitions
For the purposes of this article, the following terms are defined as provided below:
"Agriculture/Agricultural Use" includes farming in all its branches, generally as the
cultivation and tillage of the soil, dairying, the production, cultivation, growing and
harvesting of any agricultural, floricultural, viticultural or horticultural
commodities, and shellfishing, including preparations and delivery to storage or to
market or to carriers for transportation to market.
"Best Management Practices" (BMP), means a sequence of activities designed to limit
a nonpoint pollution source. For the purposes of this By-law, BMP means the "Best
Management Practices for Soil and Nutrient Management in Turf Systems,"
prepared by University of Massachusetts Extension, Center for Agriculture, Turf
Program. The version of this document that applies to this By-Law shall be that
which was most recent at the time of the adoption of this By-Law or any subsequent
_ versions that are adopted as an amendment to this By-Law through a majority vote
at Town Meeting.
"Combination Products," sometimes known as "Weed and Feed," means any product
that, in combination with fertilizer, contains pre- or post-emergence herbicides,
insecticides other pesticides or plant growth regulators.
"Compost" or "Organic Compost" means the biologically stable, humus-like material
derived from composting or the aerobic, thermophilic decomposition of organic
matter.
Page 7 of 15
"Enforcement Authority" means the party designated by the Board of Selectmen to
oversee and enforce the provisions of this By-Law
"Fertilizer" means a substance that enriches the soil with elements essential for
plant growth, such as nitrogen, phosphorus, potassium or other substances;
fertilizer does not include those nutrients that are normally excluded from fertilizer
such as chemicals that are part of horticultural gypsum, dolomite, limestone, lime,
Jersey greensand, grass clippings, or compost topdressing.
"Fertilizer Applicator" means any person who applies fertilizer to turf and soils.
"Heavy rain" is a rainfall greater than 0.25 inches per hour during a given 24-hour
period or a rainfall of greater than one inch total in the next 24 hour period.
"Impervious Surface" means any structure, surface, or improvement that reduces or
prevents absorption of storm water into land, and includes concrete, asphalt, paver
blocks, gravel, decks, patios, elevated structures, and other similar structures,
surfaces, or improvements.
"Landscape Professional" means a person, either as a sole proprietor or as part of a
company, who, in exchange for money, goods, services, or other consideration,
performs landscaping services. A landscape professional can include turf
management staff at a private golf course operation or other private entity.
"Managed Turf Area" means an area of turf that is periodically maintained through
mowing, fertilizing, aerating, irrigation or other similar activities designed to
maintain or enhance the health, functionality and/or aesthetic appeal of the turf.
"MDAR Fertilizer Regulations" means the most recent regulations of the "Plant
Nutrient Application Requirements for Agricultural Land and Land Not Used for
Agricultural Purposes", developed by the Massachusetts Department of Agricultural
Resources (MDAR) pursuant to its authority under G.L. c. 128, Sections 2(k) and
Section 65(A), as amended by St. 2012, c. 262. 330 CMR 31.00.
"Municipal Applicator" means a public employee of a town, the county, or the state —"
or federal government (or an employee of a department of and within such public
entity) who fertilizes and manages turf located on 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 their official public employment
responsibilities.
"Nitrogen" means an element essential to plant growth. For the purposes of the
Bylaw, nitrogen may be available as slow-release, controlled-release, timed-release,
slowly available, or water insoluble nitrogen, which means nitrogen in a form that
delays its availability for plant uptake and use after application and is not rapidly
available to turf and other plants; and/or quick-release, water-soluble nitrogen
which means nitrogen in a form that does not delay its availability for turf and other
plant uptake and is rapidly available for turf and other plant uptake and use after
application.
"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 sulfur;
and the eight (8) micronutrients: boron, copper, iron, chloride, manganese,
molybdenum, nickel and zinc.
"Saturated ground" means soil soaked with moisture so that it cannot absorb any
more liquid.
"Turf means any non-crop land area that is covered by any grass species, excluding
meadows, grasslands, flower or vegetable gardens, pasture, hay land, trees, shrubs,
turf grown on turf farms or any form of agricultural production or use.
Page 8 of 15
§119-6. Performance Standards for Fertilizer Application
All application of fertilizer to turf shall comply with the following standards:
A. The application of fertilizer containing nitrogen is prohibited between
November 15 and April 15 unless specifically permitted by Enforcement
Authority as set out below. Based on early spring or fall weather conditions,
soil temperature and degree of turf emergence from dormancy, or other
relevant condition, and using the guidelines of the BMP, the Enforcement
Authority may permit earlier or later application of fertilizer containing
nitrogen, in which case such extended period shall be announced by notice or
publication. A working group may be established by the Board of Selectmen
to assist in undertaking the duties referenced in this paragraph.
B. Nitrogen from any fertilizer application shall not be to applied to, or otherwise
be deposited on any impervious surface including parking lot, driveway,
roadway, sidewalk, frozen soil or ice. Any fertilizer applied, spilled, and/or
deposited on any impervious surface, either intentionally or accidentally,
must be immediately and completely removed and contained and either legally
applied to turf or any other legal site or returned to an appropriate container.
C. Fertilizer shall not be applied within 24 hours before or during a heavy rain
event nor shall fertilizer be applied onto saturated ground.
D. An application of fertilizer should be watered in with no more than one-
quarter inch (0.25 inch) of irrigation or natural rain within the 24-hour period
following application. Where irrigation systems are used, the volume and rate
of irrigation water applied shall be performed in a manner that reduces runoff
to the greatest extent practicable. Where an irrigation system uses sprinkler
heads or other similar spray devices, these devices shall direct irrigation water
in a manner that reduces runoff to the greatest extent practicable.
E. Unless the Town's existing Laws and Regulations, including its Wetland By-
law or Regulations, contain a stricter standard or other enforcement or
approval mechanism such as through the Town's Conservation Commission,
which shall control, fertilizer shall not be applied closer than 100 feet to any
water-body, or within the Zone I of a public drinking water well (as defined in
310 CMR 22.02), unless permission is obtained through the Enforcement
Authority set out in §119.6.A herein allowing such activity;
F. Fertilizer that contains phosphorus, shall not be used unless a soil test taken
not more than three years before the proposed fertilizer application indicates
that additional phosphorus is needed for growth of that turf, 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;
G. 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
20% slow-release nitrogen fertilizer and the annual rate shall not exceed 2.0
pounds of actual nitrogen per thousand square feet. Single applications shall
be done at intervals of no less than four weeks until the annual maximum is
reached.
H. The fertilizer application requirements of this subsection shall apply with the
same limitations to combination products as defined by this By-Law.
§119-7. Non-Criminal Disposition
Whoever violates any provision of this Regulation may be penalized by a noncriminal
disposition process as provided in G.L. c.40, §21D and the Town's non-criminal
1 Page 9 of 15
disposition by-law. 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 Enforcement Authority. A
warning in lieu of a fine or other enforcement action for the first offense can be
issued at the discretion of the Enforcement Authority. Each day or portion thereof
shall constitute a separate offense. If more than one, each condition violated shall
constitute a separate offense.
§119-8. Other Remedies
The Enforcement Authority may enforce this By-Law or enjoin violations thereof
through any lawful process, and the election of one remedy by the Enforcement
Authority shall not preclude enforcement through any other lawful means. —
§119-9. Education
A. The Town may rely on Cape Cod Cooperative Extension to assist in
maintaining a program of fertilizer and turf management education that is
based on BMPs.
B. The Town may rely on Cape Cod Cooperative Extension to assist with or
administer an assessment to determine an Applicator's proficiency of BMPs.
C. Fertilizer education may consist of, but is not limited to, collaboration with
retailers to post in-store information on town fertilizer regulations, the BMP
requirements; mailings and flyers for the general public concerning town
fertilizer regulations, the BMP requirements; and outreach to landscape
professionals and Municipal Applicators concerning fertilizer-related laws and
the BMP requirements.
§119-10. Severability Clause
Should any Section, part or provision of this by-law be deemed invalid or
unconstitutional, such decision shall not affect the validity of the remaining terms
of this by-law as a whole or any part thereof, other than the Section, part or
provision held invalid or unconstitutional.
or take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
's!
TOWN CODE AMENDMENT/TEMPORARY ROAD REPAIR BYLAW
ARTICLE NO 12: To see if the Town will vote to amend Article VIII of Chapter
157 of the Code of the Town of Brewster, as follows:
Current language: (Amendments are bolded and underlined)
§ 157-20. Repair by Town.
A. In the event that a group of property owners who own property on a private road
which has been open for public use for at least five years wish the Town of Brewster
to finance the repair of their private way, they shall engage an engineer experienced
in road construction and repair who shall survey the road in question to develop a
plan for the repair of that private road which shall take into consideration the need
for additional drainage, new berms, driveway aprons to protect the edges of the
repaired road, the filling of existing cracks and the application of one or more layers
of bituminous concrete.
B. The plan shall specify the projected useful life of the repaired private way, and in
no event shall the projected useful life be less than 15 years. All costs of preparing
the plan, obtaining cost estimates and preparing the petition described below shall
be the exclusive responsibility of the petitioners.
Page 10 of 15
C. After the plan has been prepared, the property owners' engineer shall secure at
least three bids from established contractors to complete the work outlined In the
engineer's plan. After receipt of the bids, the property owners shall prepare a
petition to the Board of Selectmen for the Town of Brewster to finance the work in
an amount certain, including a ten-percent contingency amount. The petition shall
list the parcels by lot number and map number together with the owners' names of
record with a space for each owner to place his or her signature. The petition must
state that each signature represents an irrevocable agreement by
each signatory to repay to the Town of Brewster, through the mechanism of a
betterment added to each owner's real estate tax bill, his or her pro-rata share of the
total amount to be financed plus interest and administrative costs, which Town
administrative costs shall not exceed 4% of the project. The petition shall not be
presented to the Selectmen unless 50% of all the abutters to the road plus one more
abutter shall have agreed to the project and its financial commitment by having
signed it.
D. The petition, accompanied by the engineer's plan, a map of the private way to be
repaired and backup for the cost estimates shall be submitted to the Selectmen's
Office on or before August 31 November 30. The Selectmen shall refer every such
petition to the Assessor's Office for verification of signatures and confirmation that
more than 50% of abutters have signed. The Selectmen shall consider all submitted
petitions that pass the Assessor's examination prior to September 30 December 31.
If the Selectmen determine that the proposed repairs are in the public interest and if
the Selectmen determine that these repairs are within the financial capability of the
Town, the Board of Selectmen shall refer each petition so determined to the
Planning Board which shall conduct a public hearing on each petition on or before
November 15th February 28th to evaluate the plan, examine the cost estimates and
hear from both the abutters and the general public. The Planning Board shall either
endorse the plan by a simple majority vote and return it to the Selectmen,
recommend changes in costs or scope of the plan or disapprove the plan by a simple
majority vote.
E. If the Planning Board approves any such plan, the Board of Selectmen may place
the plan on the warrant for the next Annual Town Meeting. If the Planning Board
suggests modifications or changes in scope of costs, the Board of Selectmen may, at
its option, send out proxies to the abutters noting scope and cost changes or it may
return the project to the petitioners. If proxies are sent out, they must be returned
by December 31 March 31 if the project is to be considered at the Annual Town
Meeting. If the proxies are returned by December 31 March 31, the Selectmen may
place the project on the Annual Town Meeting Warrant, provided that more than
50% of the abutters approve the revisions. Long-term financing may be issued for
said project by the Town for up to a fifteen-year period. [Amended 5-2-2005 ATM,
Art. 22EN(41)]
F. If the Annual Town Meeting votes to endorse and finance the project, the engineer
who did the original plan shall be named "Project Manager." He shall prepare a new
request for quotations with the bids to be directed to the Town Administrator. The
Project Manager and the Town Administrator shall select the best bid to do the
work. The Project Manager shall advise the Superintendent of Public Works 48
hours in advance of each phase of the project and certify, in writing, to the
Superintendent of Public Works that each phase of the work has been completed to
the Project Manager's satisfaction. The Superintendent of Public Works shall inspect
the completed work and certify to the Town Accountant that the work is completed
so that payment can be made.
G. For a group of private roads within a subdivision in which membership in a
neighborhood property owners' association is automatic or mandatory, the same
procedure shall be used:
(1) So long as a majority of the owners of the lots abutting the group of private
ways to be repaired signs the petition required by Subsection B above; and
(2) So long as the group of private ways to be repaired is owned or controlled,
directly or indirectly, by the neighborhood association or its members.
Page 11 of 15
,:E
H. The Town of Brewster shall incur no liability for any damages of any nature
whatsoever arising from the project by virtue of the Town's agreeing to finance any
repair of a private subdivision way. The abutters who accept Town financing shall
be deemed to have indemnified and held the Town harmless against any and all
such claims.
I. Any private way improved under the provisions of this bylaw need not be brought
up to full Town road standards. Any private way improved under the provisions of
this bylaw shall continue to remain a private way
or take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
COMMUNITY PRESERVATION COMMITTEE/FY2007-2013 Reallocation of
Funds
ARTICLE NO. 13: 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 hold for future expenditure the following sums
from the Fund's Fiscal Year 2007 through 2013 revenues; all as follows:
Item: Category:
1. Reserve Funds:
a. Open Space: To hold, pursuant to the provisions of section 17-4 Of the Brewster
Community Preservation Committee Bylaw, in reserve for the purpose of Open
Space and to transfer the sum of $118,071.00 from Community Preservation
Undesignated Fund Balance to the Fund Balance Reserved for Open Space from
the Fund's Fiscal Year 2007 through 2013 revenue for future expenditures;
b. Historic Preservation: To hold, pursuant to the provisions of section 17-4 Of
the Brewster Community Preservation Committee Bylaw, in reserve for the
purpose of Historic Preservation and to transfer the sum of $23,614.00 from
Community Preservation Undesignated Fund Balance to the Fund Balance
Reserved for Historic Preservation from the Fund's Fiscal Year 2007 through 2013
revenue for future expenditures;
c. Community Housing: To hold, pursuant to the provisions of section 17-4 Of the
Brewster Community Preservation Committee Bylaw, in reserve for the purpose of
Community Housing and to transfer the sum of $23,614.00 from Community
Preservation Undesignated Fund Balance to the Fund Balance Reserved for
Community Housing from the Fund's Fiscal Year 2007 through 2013 revenue for
future expenditures;
d. Budget Reserve: To hold, pursuant to the provisions of section 17-4 Of the
Brewster Community Preservation Committee Bylaw, in reserve for the purpose of
Budget Reserve for housing, historic preservation, and/or recreation uses and to
transfer the sum of $70,841.00 from Community Preservation Undesignated
Fund Balance to the Fund Balance Reserved for Budget Reserve from the Fund's
Fiscal Year 2007 through 2013 revenue for future expenditures;
Grand-total $236,140.00
or to take any other action relative thereto.
(Majority Vote Required) (Community Preservation Committee)
Page 12 of 15
COMMUNITY PRESERVATION COMMITTEE/FY2014 Reallocation of Funds
ARTICLE NO. 14: 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 hold for future expenditure the following sums
from the Fund's Fiscal Year 2014 revenues; all as follows:
„ L„ , Item: Category:
1. Reserve Funds:
{ a Open Space: To hold, pursuant to the provisions of section 17-4 Of the Brewster
Community Preservation Committee Bylaw, in reserve for the purpose of Open
Space and to transfer the sum of $135,862.00 from Community Preservation
Undesignated Fund Balance to the Fund Balance Reserved for Open Space from
the Fund's Fiscal Year 2014 revenue for future expenditures;
b. Historic Preservation: To hold, pursuant to the provisions of section 17-4 Of
the Brewster Community Preservation Committee Bylaw, in reserve for the
purpose of Historic Preservation and to transfer the sum of $27,172.00 from
Community Preservation Undesignated Fund Balance to the Fund Balance
Reserved for Historic Preservation from the Fund's Fiscal Year 2014 revenue for
future expenditures;
c Community Housing: To hold, pursuant to the provisions of section 17-4 Of the
Brewster Community Preservation Committee Bylaw, in reserve for the purpose of
Community Housing and to transfer the sum of $27,172.00 from Community
LPreservation Undesignated Fund Balance to the Fund Balance Reserved for
Community Housing from the Fund's Fiscal Year 2014 revenue for future
expenditures;
d Budget Reserve: To hold, pursuant to the provisions of section 17-4 Of the
Brewster Community Preservation Committee Bylaw, in reserve for the purpose of
Budget Reserve for housing, historic preservation and/or recreation uses and to
transfer the sum of $150,519.00 from Community Preservation Undesignated
Fund Balance to the Fund Balance Reserved for Budget Reserve from the Fund's
Fiscal Year 2014 revenue for future expenditures;
Grand-total $340,725.00
or to take any other action relative thereto.
(Majority Vote Required) (Community Preservation Committee)
4
ROUTE 6A WATER INFRASTRUCTURE UPGRADE PROJECT
ARTICLE NO. 15: To see if the Town will vote to appropriate a sum of money
to pay costs of, replacing existing water service lines that are anticipated to begin
failing due to age and to install water main stubs to roads that currently have no
town water so the roadway will not be disturbed in the future, including the
payment of all other costs incidental and related to the carrying out of this project
and its financing, and to see whether such sum shall be raised by a transfer from
available funds, or to authorize the Town Treasurer, with the approval of the Board
of Selectmen, to borrow a certain sum of money under and pursuant to Chapter 44
Page 13 of 15
of the General Laws, and/or any other enabling authority, and to issue bonds or
notes of the Town therefor; 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 or proposals, enter into contracts, and expend said funds for this purpose, or
to take any other action relative thereto.
(Two-Thirds Required) (Water Commission)
PROPERTY EASEMENT FOR STORM-WATER CONTROL
ARTICLE NO 16: To see if the Town will vote to authorize the Board of
Selectmen to acquire an easement or easements by gift for the purposes of installing
drainage, reconstructing, repairing and maintaining Linnell Landing Road for no
consideration, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Selectmen: Yes 5, No 0, Abs 0 Yes 9, No 0, Abs 0
LADIES LIBRARY/Planning & Design Grant
ARTICLE NO 17: To see if the Town will vote to authorize the Board of
Trustees of the Brewster Ladies Library to proceed with a feasibility study to
examine the options for expanding and renovating its library building for current
and future needs, and to further vote to transfer from Article no 20 of the May 2014
Annual Town Meeting the sum of TWENTY FIVE THOUSAND AND 00/100
DOLLARS ($25,000.00) for this purpose, and to authorize the Town Administrator
to solicit bids or proposals, enter into contracts, and expend said funds for this
purpose, or take any other action relative thereto.
(Majority Vote Required) (Trustees of the Ladies Library)
Page 14 of 15
t:.
ANY OTHER BUSINESS
•
ARTICLE NO. 18: 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.
Given under our hand and Seal of the Town of Brewster affixed this 20th day of
0 ober, 2014.
•es W. oley( hairman Benjamin W. deRuyter, Vice Chairman
&x. 056.r (14-6;
Patricia E. Hughes, lerk Peter G. Norton
John Theodore Dickson
I, Roland W. Bassett, Jr. duly qualified Constable for the Town of Brewster, hereby
certify that I served the Warrant for the Special Town Meeting of November 17,
2014 b,y posting attested copies thereof, in the following locations in the Town on
the "^flay of October, 2014.
Brewster Town Offices Brewster Farms Brewster
Ladies Library Brewster Pizza House
The Brewster Store Millstone Liquors
U. S. Post Office Café Alfresco
Roland W. Bassett, J Constable
A TRUE COPY ATTEST:
CbtitrfitittlaliN CLERK
Page 15 of 15