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HomeMy Public PortalAbout2014-11-17 Special Town Mtg Report Special Town Meeting-November 17, 2014 Report of the Speci 1 Town Meeting November 17, 2014 In accordance with the Warrant, the Special Town Meeting was held in the Stony Brook Cafetd:ium on Monday, November 17th, 2014. The meting was called to order at 7:00pm by the Moderator, Stephen L. Doyle. The Town Meeting Clerks were Joan Scheffer, Maureen Steinmann, Joan Carstanjen, Mary Meyers, Dorothy Leone, Cynthia Mathison, Edward Swiniarski, David Lahive, David Whitny, Thaddeus Nabywaniec, Francis Smith, and Jayanne Sci, Assistant Town Clerk. A quol7Um was present with 582 of 7790 registered voters. 8% UNPAID BILLS ARTI((,LLE 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 'I h Grainger 72.00 Grand-total $1,041.00 or to take any other action relative thereto. (Nine-tenth Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 1 as printed in the warrant and tip transfer the sums of $694.00 from the Ambulance Receipts Reserved for Appro riation account and $347.00 from the Golf Receipts Reserved for Appro riation account for these purposes. ACTION: Adopted Unanimously BUDGETARY TRANSFERS ARTI E 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 2915 Budget of other departments, as follows: a Unclassified/Utilities $76,418.00 b Board of Selectmen Printing Expense $2,000.00 c Tarn Hall Maintenance Expenses for Elevator Repair $4,300.00 Grand-total $82,718.00 or to t4ke any other action relative thereto. (Majorty Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 2 as printed in the warrant and tt transfer the sum of $82,718.00 from Free Cash for these purposes. ACTON: Adopted Unanimously Page 1 of 15 Special Town Meeting-November 17, 2014 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 to be applied toward the cost of acquiring said equipment or services as the case may be: 1. Board of Selectmen: Re.uest 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 Project $40,000.00 e. All Citizens Access Projects $7,890.00 f. Planning Data Survey Expense $10,000.00 rg. 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 Feasibility $35,000.00 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 Lease $30,000.00 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 (Local/Regional $40,000.00 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 Page 2 of 15 uu, i Special Town Meeting-November 17, 2014 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 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 Project $10,000.00 d. Town Beaches & Landing Sign Project $4,000.00 e. Millsites Building Repair Project $27,000.00 Sub-total $61,000.00 7. El Imentary 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 Services $8,000.00 d. Technology Project $30,000.00 Sub-total $73,000.00 8. La ies 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-thl irds Vote Required) (Board of Selectmen) MOTI N: I move that the Town approves Article No. 3 as printed warrant; PP P appro riates the total sum of $1,477,221.00 to pay costs of the various capital acquisitions and special project expenditures set forth therein, to be undertaken during Fiscal Year 2015, including the payment of all costs incidental and related thereto; authorizes 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; that to meet that appropriation (i) the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $144,550 for items 3(e), (f) & (g) and 5'(b), (c) and (d) of said Article No. 3 under and pursuant to Chapter 44 of the General Laws and/or any other enabling authority and to issue bonds or notes of the Town therefor, provided that the amount of notes or bonds issued hereunder shall be reduced by the amount of any gifts, grants or any other money received by the Town (including, without limitation the proceeds of the disposition of old equipment or vehicles referred to above) on account of such capital expenditures before the sale of such notes or bonds and (ii) the Town is authorized to make the following transfers: • ti1791,058.00 from Free Cash, • $17,015.00 from the Water Surplus account, • 335,000.00 from the Ambulance Receipts Reserved for Appropriation account, • 141,499.00 from article no. 4 (Cable Franchise Fee account) of the November 3, 2013 Special Town Meeting, Page 3 of 15 Special Town Meeting-November 17, 2014 • $19,859.00 from article no. 13 (Cable Franchise Fee account) of the May 5, 2013 Annual Town Meeting, • $28,240.00 from the Golf Receipts Reserved for Appropriation account, ACTION: Adopted 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) MOTION: I move that the town vote to approve article no. 4 as printed in the warrant. ACTION: Adopted 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) 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 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 approve article no. 6 as printed in the warrant. ACTION: Adopted; Yes: 318 - No: 211 Page 4 of 15 Special Town Meeting-November 17, 2014 1 INSURANCE RESERVE FUND for PUBLIC SAFETY EMPLOYEES ARTIC E NO. 7: To see if the Town will vote to appropriate a sum of money to add to the own's insurance fund to pay workers' compensation under Section 13A of Chapter 40 of e 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) MOTION: I move that the town vote to approve article no. 7 as printed in the warrant. ACTION: Adopted TRI-TOWN SEPTAGE TREATMENT PLANT 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 maintc,'nance 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) MOTI N: I move that the town vote to approve article no. 8 as printed in the warrait. ACTION: Adopted Unanimously 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 Land in Brewster, Massachusetts as surveyed and prepared for Robert H. Cope, Jr. made by Bennett 86 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 f` r 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 Afnendments 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 borros up to the sum of FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500000.00) 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/of 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 Page 5 of 15 Special Town Meeting-November 17, 2014 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) MOTION: I move that the Town acquire by gift, purchase and/or eminent domain taking under Massachusetts General Laws, Chapter 79, or any other enabling authority the parcel of vacant land described in Article No. 9 of the warrant; that the Town 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; that the Town appropriates 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; that to meet this appropriation, the Town authorizes the 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; that the Town authorizes the Town Treasurer to transfer from the Fund Balance Reserved for Open Space the sum of TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00) for the purpose of paying sr 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; that the Town authorizes 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; that the Town authorizes 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 that the Town authorizes 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. ACTION: Adopted 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 Page 6 of 15 u„ � Special Town Meeting-November 17, 2014 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 th? Village Business (VB) zoning district at the eastern end of Main Street at the Brews er/Orleans line: A. etain the area from the center line of Main Street to the south as a Village Business istrict 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: . North for 400 feet, turning west and running 650 feet to the centerline of the north/south portion of Southern Eagle Cartway. . Turning south along the north/south centerline of Southern Eagle Cartway to a point 220 feet to the south. . 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. $. 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. he parcel currently known as 27 Southern Eagle Cartway (Assessor's Map 138 Lot 8) will become Residential Medium Density (RM). or to t*ke any other action relative thereto. (Two-thirds Vote Required) (Planning Board) MOTI N: I move that the town vote to approve article no. 10 as printed in the warra t. ACTI N: Defeated; Yes: 153 - No: 357 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-J.. Findings The Town of Brewster herein makes the following findings: A. There is sufficient scientific evidence demonstrating that excessive nutrient Onrichment 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. egradation of the quality of water resources can have significant negative impacts to he 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 4ubject 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. Page 7 of 15 Special Town Meeting-November 17, 2014 §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. 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-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. Page 8 of 15 uu; i Special Town Meeting-November 17, 2014 "Comb nation 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. "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. "Fertill1zer Applicator" means any person who applies fertilizer to turf and soils. sx I "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 helth, 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 Purpo4es", developed by the Massachusetts Department of Agricultural Resources (MDAR) pursu4nt 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, nitrog n 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: nitrog n, phosphorus, potassium, calcium, magnesium, and sulfur; and the eight (8) micro utrients: boron, copper, iron, chloride, manganese, molybdenum, nickel and zinc. "Saturated ground" means soil soaked with moisture so that it cannot absorb any more liquid. Page 9 of 15 Special Town Meeting-November 17, 2014 "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. §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 disposition Page 10 of 15 3 Special Town Meeting-November 17, 2014 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, e4ch condition violated shall constitute a separate offense. $119-0. 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. $119-0• 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 .n 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; tfnailings and flyers for the general public concerning town fertilizer regulations, the liMP requirements; and outreach to landscape professionals and Municipal Applicators concerning fertilizer-related laws and the BMP requirements. $119- O. 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) MOTION: I move that the town vote to approve article no. 11 as printed in the warrant, however that under section 119-4 (A) add the following phrase at the end of the sentence: "...wit the exception of public and private golf courses." So that it reads: This bT-law shall apply to and regulate any and all applications of nitrogen through } fertili,er on managed turf areas within the Town of Brewster with the exception of public and private golf courses. ACTION: Adopted 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 Cade of the Town of Brewster, as follows: Curre*t 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 bf 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 Page 11 of 15 Special Town Meeting-November 17, 2014 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. 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-34- 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 Page 12 of 15 mil Special Town Meeting-November 17, 2014 0) So long as the group of private ways to be repaired is owned or controlled, directly c r indirectly, by the neighborhood association or its members. H. The'� Town of Brewster shall incur no liability for any damages of any nature whatsoever arisin from the project by virtue of the Town's agreeing to finance any repair of a private subdiv sion way. The abutters who accept Town financing shall be deemed to have indemhified 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 To vn 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) MOTI N: I move that the town vote to approve article no. 12 as printed in the warra t. ACTION: Adopted Unanimously COMMUNITY PRESERVATION COMMITTEE/FY2007-2013 Reallocation of Funds ARTI E NO. 13: To see if the Town will vote to act upon the recommendations of the CO munity 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. Res rve Funds: a. O en Space: To hold, pursuant to the provisions of section 17-4 Of the Brewster Com unity 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) MOTION: I move that the town vote to approve article no. 13 as printed in the warrant. ACTION: Adopted Unanimously Page 13 of 15 S•ecial Town Meeting-November 17, 2014 COMMUIVITY 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: 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 Preservation 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) MOTION: I move that the town vote to approve article no. 14 as printed in the warrant. ACTION: Adopted Unanimously 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 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) Page 14 of 15 uu i Special Town Meeting-November 17, 2014 MOTION: I move that the Town appropriates the sum of NINE HUNDRED SEVENTY- ONE 'THOUSAND AND 00/100 DOLLARS ($971,000.00) 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; that to meet this approjriation, the Town authorizes the Town Treasurer, with the approval of the Board of Selectmen, to borrow such sum of money under and pursuant to Chapter 44 of the General Laws, and/or any other enabling authority, and to issue bonds or notes of the Town therefor; that the Town vote transfer from Water Surplus an additional sum of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00) for the purpose of paying for they preparation, issuance and marketing of bonds and notes issued hereunder and for paging interest on temporary notes issued in anticipation thereof ; and that the Town authorizes the Town Administrator to solicit bids or proposals, enter into contracts, and expend said funds for this purpose. ACTI : Adopted Unanimously 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 ally other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 16 as printed in the warrant. ACTION: Adopted Unanimously 1 LADIES LIBRARY/Planning & Design Grant ARTIC, ,E 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 ($25,000.00) for this purpose, and to authorize the Town Administrator to solicit bids or proposals, enter into contracts, and expend said funds for this purpose, or take any other action relative thereto. (Majority Vote Required) (Trustees of the Ladies Library) MOTION: I move that the town vote to approve article no. 17 as printed in the warrant. ACTIOIT: Adopted Unanimously ANY OTHER BUSINESS ARTICLE NO. 18: To act on any other business that may legally come before this meeting. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to dissolve the 2014 Special Town Meeting. ACTIO$: Adopted Unanimously The Special Town Meeting of November 17th, 2014 was dissolved at 9:50pm. A True ',Copy Attest: Colette M. Williams, CMC/CMMC Town Clerk Page 15 of 15 i mil