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HomeMy Public PortalAbout2015-09-02 Special Town Mtg REPORT Special Town Meeting Report - September 2nd, 2015 Report of the Special Town Meeting September 2nd, 2015 In accordance with the Warrant, the Special Town Meeting was held in the Stony Brook Elementary School Cafetorium on Wednesday, September 2nd, 2015. The meeting was called to order at 7:00pm by the Moderator, Stephen L. Doyle. The tellers were David Lahive, David Quinn, David Whitney and Edward Swiniarski. The checkers were June Gallant, Dorothy Leone, Mary Myers, Maureen Steinmann, Joan Scheffer, Cynthia Matheson and Jayanne Sci, Assistant Town Clerk. Thaddeus Nabywaniec, and Francis Smith, members of the Board of Registrars, were also present. A quorum was present with 789 of 7625 voters. 11% MOTION: I move that the Town vote to indefinitely postpone consideration of Article Nos. 12, 13, 14, 15, 16 & 17. ACTION: Adopted Unanimously to indefinitely postpone Articles 8 & 11 were taken up under a consent calendar: MOTION: I move that the Town vote to approve Article Nos. 8 & 11 as printed in the warrant. ACTION: Adopted by a declared 2/3 vote 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, as follows: a Custom Drug Testing Inc. $135.00 b. Cape Cod Engraving $ 32.00 c. Nauset Disposal $278.00 Grand-total $445.00 or to take any other action relative thereto. (Nine-tenths (9/ 10ths) Vote (Board of Selectmen) Required) MOTION: I move that the Town vote to approve Article No. 1 as printed in the warrant and to transfer the sums of $278.00 from the Golf Receipts Reserved for Appropriation account and $167.00 from the Free Cash for these purposes. ACTION: Adopted Unanimously Page 1 of 15 Special Town Meeting Report - September 2nd, 2015 CAPITAL AND SPECIAL PROJECTS EXPENDITURES ARTICLE NO. 2: 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 2016, including the payment of all costs incidental and related to the carrying out of these projects and their financing, as well as, any professional, design, and engineering service costs; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money pursuant to Chapter 44 of the General Laws and/or any other enabling authority and to issue bonds or notes of the Town therefore, provided that the amount of the notes or bonds issued hereunder shall be reduced by the amount of the sales proceeds, grant funds, and other money received before the sale of such notes or bonds; to transfer from available funds an additional sum of money for the purpose of paying for the preparation, issuance and marketing of bonds and notes issued hereunder and for paying interest on temporary notes issued in anticipation thereof; to authorize the Town Administrator to 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 the following equipment or services; and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, and expend the funds for the following purposes: ® Board of Selectmen: Request Totals ® Professional Facilitator for Coastal & $10,000.00 Beach Visionin: Meetin•s b. Government Study Phase 2 - Consulting $7,000.00 Services Map Updates $5,000.00 .1 $11,000.00 Hazardous Waste Collection Program Town Buildings & Facilities Repair &I $29,000.00 Maintenance Projects _ IIIWater Quality Compliance & $10,000.00 Enforcement _ ri Technoloa Projects $30,000.00 , _ ® Local Com.rehensive Planning Expense $25,000.00 ® All Citizens Access Project _ $10,000.00 IIIII Sub-total _ _ $137,000.00 ® Fire De .artment: _ ri Dis.atch Services Expense _ $27,000.00 b. Rescue Service Expense $10,000.00 ri Ambulance Lease Payment $25,000.00 d. Radios Communications Equipment _ $30,000.00 f. Personal Protective Equipment (PPE) $10,000.00 A. .aratus Lease Pa ments $108,000.00 El Ambulance Re.lacement Lease $53,000.00 ® Hazardous Materials Equipment/Supplies $4,000.00 ® Emergency Management Planning Fund $10,000.00 Sub-total $277,000.00 - ® Department of Public Works: in Road Draina:e Re•airs $150,000.00 b. Roadside Mower Equipment Replacement $125,000.00 • Pick-u. Truck Re.lacement 40,000.00 MI Sub-total $315,000.00 M Page 2 of 15 Special Town Meeting Report - September 2nd 2015 4. Police Department: a. Fire Arms Replacement $12,500.00 b. In-Car Cruiser Video Cameras $50,000.00 Sub-total $62,500.00 5. Golf Department: a. Aerifier Equipment Lease Payment $18,252.00 b. Greens Aerifier Replacement $27,000.00 c. "Workman" Utility Vehicle Replacements $77,000.00 (3) Sub-total $122,252.00 6. Elementary School Department: a. HVAC Repairs $15,000.00 b. Technology Upgrades $30,000.00 c. Interior/Exterior Painting $15,000.00 d. Carpet 8s Tile Replacement $20,000.00 e. Refurbishment of Trolley Wall $12,000.00 Sub-total $92,000.00 7. Ladies Library: a. Technology Project $5,000.00 b. Library Parking Lot Improvements $302,500.00 c. Library AC Chiller Replacement $61, 250.00 Sub-total $368,750.00 Grand Total $1,374,502.00 or to take any other action relative thereto. (Majority Vote Required or Two-thirds (Board of Selectmen) Vote Required if borrowing is requested) MOTION: I move that the Town approves Article No. 2 as printed warrant; however that the following item be deleted: • Board of Selectmen, item a. Professional Facilitator for Coastal & Beach Visioning Meetings in the amount of$10,000.00 and to appropriate the amended total sum of$1,364,502.00 to pay costs of the various capital acquisitions and special project expenditures set forth therein, to be undertaken during Fiscal Year 2016, 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 the Town appropriates Seventy-Seven Thousand Dollars ($77,000) to pay costs of replacing three "Workman" utility vehicles, including the payment of all costs incidental and related thereto; that to meet this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said amount under and pursuant to Chapter 44, §7(9) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor; and that the Town appropriates Three Hundred Two Thousand Dollars ($302,000) to pay costs of Library parking lot improvements, including, but not limited to, site preparation, Page 3 of 15 Special Town MeetingReport - September 2nd, 2015 demolition, drainage improvements, grading, paving, installation of sidewalks, irrigation and all other costs incidental and related thereto; that to meet this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said amount under and pursuant to Chapter 44, §7(5) of the General Laws, or pursuant to 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: • $671,750.00 from Free Cash, • $11,000.00 from the Water Surplus account, • $267,000.00 from the Ambulance Receipts Reserved for Appropriation account, $45,252.00 from the Golf Receipts Reserved for Appropriation account. ACTION: Adopted Unanimously DEBT BUDGET PRINCIPAL & INTEREST FUNDING ARTICLE NO. 3: To see if the Town will vote to appropriate a sum of money for the purpose of funding principal and interest expenses for the following capital & equipment projects: Item: Category: Item Description Funding Source 1. Crosby Mansion Septic System Transfer the sum of $32,679.00 from Project the Crosby Mansion Revolving Fund 2. Golf Department Course Transfer the sum of $40,431.00 from Improvement & Repair Project the Golf Receipts Reserved for Appropriation account 3. DPW Open Top Containers, Transfer the sum of $25,869.00 from Closed Top Containers and Free Cash Compacting Equipment 4. Stony Brook School Window Transfer the sum of $43,843.00 from Repair Project Phase II Free Cash 5. Eddy Elementary School Transfer the sum of $105,297.00 from Renovation Project Free Cash 6. Well No. 3 Access Road Transfer the sum of $302,230.00 from Improvement Project Water Revenues account 7. Route 6A Water Infrastructure Transfer the sum of $3,702.00 from Project the Water Revenue account Grand Total $554,051.00 or to take any other action relative thereto. (Majority Vote Required (Board of Selectmen) MOTION: I move that the Town vote to approve Article No. 3 as printed in the warrant. ACTION: Adopted Unanimously Page 4 of 15 Special Town M-etine Report - September 2nd 2015 SPECIAL REVENUE FUND Cable Franchise Fee Account ARTICLE NO. 4: To see if the Town will vote to transfer the sum of SEVENTY THOUSAND EIGHT HUNDRED FORTY AND 00/100 DOLLARS ($70,840.00) from the Cable Franchise Fee account for the 2016 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 Unanimously FUEL ASSISTANCE FUNDING ARTICLE NO. 5: To see if the Town will vote to transfer from Free Cash the sum of TWELVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($12,500.00) 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 COMMUNITY PRESERVATION ACT Purchase of Conservation Restriction ARTICLE NO. 6: To see if the Town will vote to authorize the Board of Selectmen to acquire a perpetual conservation restriction under General Laws, Chapter 184, Sections 31 through 33, on two parcels of land designated on Brewster Assessors' Map 93 as Parcels 53 and 54, located at Long Pond Road, in (South) Brewster, Barnstable County, Massachusetts, consisting of 2.23 acres and 2.32 acres, respectively, and more accurately shown as Lots 4 and 3, respectively, on a plan of land entitled, "Plan of Land in Brewster, Mass., Prepared for Edward Campbell, Record Owner: M. Sophie Campbell, Moran Engineering Co., 941 Main Street, So. Harwich Mass. 02661, Scale: 1" = 60', Date: January 14, 1997," and recorded with the Barnstable Registry of Deeds in Plan Book 531 Page 2, a copy of which is on file with the Brewster Town Clerk; to acquire said conservation restriction for conservation and passive recreation purposes for the general public, consistent with the provisions of Mass. General 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 transfer the sum of One Hundred Thousand and 00/100 ($100,000.00) Dollars from the Fund Balance Reserved for Open Space to pay costs of this acquisition, and all other costs incidental and related thereto; to authorize the Conservation Commission Page 5 of 15 Special Town Meeting Report - September 2nd, 2015 to assume the monitoring and enforcement authority of the conservation restriction on the properties; 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; or to take any other action relative thereto. (Two-thirds Vote Required) (Community Preservation Committee) MOTION: I move that the Town vote to approve Article No. 6 as printed in the warrant. L ACTION: Adopted by a declare 2/3 vote MUTUAL EASEMENTS Brewster Ladies' Library & Brewster Baptist Church ARTICLE NO. 7: To see if the Town will vote to authorize the Board of Selectmen to convey and acquire cross-easement rights pursuant to an Easement Agreement by and between the Town of Brewster and the Brewster Baptist Church, Inc., on and over two parcels of land known respectively as the Brewster Ladies Library and Brewster Baptist Church properties, and designated on Brewster Assessors' Map 57 as Parcels 38 and 39, and located at 1822 and 1848 Main Street, Brewster, Barnstable County, Massachusetts, consisting of .93 acres and 11.65 acres, respectively; the Easement Areas to be conveyed as part of the Easement Agreement are more accurately shown on a plan of land entitled, "Easement Sketch Plan Prepared for Town of Brewster and Brewster Baptist Church, Scale 1"=60', July 28, 2015, J.M. O'Reilly 86 Associates, Inc., Professional Engineering 86 Surveying Services, 1573 Main Street, P.O. Box 1773, Brewster, MA 02631," a copy of which is on file with the Brewster Town Clerk; to convey and acquire said cross-easements for the purpose of constructing and maintaining certain improvements to the parking lots and on both properties, and for access, ingress and egress within the Easement Areas, all as shown on the Easement Sketch Plan, so as to provide for the passage of motor vehicles and pedestrians to and from the abutting parking areas, parking in the parking areas, and rights to install and maintain utilities, signage and drainage, if necessary; and to authorize the Board of Selectmen to enter into all agreements and execute any and all instruments as may be necessary on behalf of the municipality to effect this Cross-Easement Agreement; or to take any other action relative thereto. (Two-thirds Vote Required) (Board of Selectmen) MOTION: I move that the Town vote to approve Article No. 7 as printed in the warrant. ACTION: Adopted by a declared 2/3 vote GRANT OF UTILITY EASEMENT Electricity to Well No. 3 ARTICLE NO. 8: To see if the Town will vote to authorize the Board of Selectmen to grant to Eversource, for no consideration, an easement to install and maintain an underground electric transmission network over, on, and under Town property, identified on the Town's Assessors' Maps #119 and #120 as parcels # 4 and #2, respectively, and further identified by deed recorded at the Barnstable County Registry of Deeds in Book 1355, on Page 1046, in order to z' provide electrical service to the Town's Public Drinking Water Well #3, located off of Freemans Way, or to take any other action relative thereto. xa Page 6 of 15 Special Town Mee in. Re sort - Sentember 2nd 2015 (Two-thirds Vote Required) (Board of Selectmen) MOTION: Moved under the consent calendar. ACTION: Adopted under the consent calendar, by a declared 2/3 vote CITIZENS' PETITION/Enhancing Beach Access in Brewster Comprehensive Community-Based Planning ARTICLE NO 9: To see if the Town will vote to direct the Board of Selectmen to implement the following measures: Whereas • Brewster is a premier Bay and beach destination with a strong sense of neighborhood community, based on its relaxed, rural, un- commercial character. • Increasing demand from residents and visitors for beach parking seriously exceeds the capacity at Town landings on peak summer days. • Parking spaces adjacent to beaches have been lost in recent years, and continue to be lost, due to climate forces outside the Town's control. • The intensity of beach traffic threatens public safety, rural character, and quality of life in many neighborhoods, while less accessible public locations offer large, underutilized areas of beachfront. • The town's reactive and fragmented approach is not addressing aggregate needs, assessing the range of opportunities, and making the best use of scarce public funds to meet beach access and public safety priorities. • Community-based planning, flexibility, and innovation are essential to meet rising demand for beach access and preserve the quality of beach neighborhoods, while addressing the uncertainties and threats relating to coastal erosion and climate change. Therefore An immediate moratorium shall be imposed on the execution of all Town projects that involve the removal, relocation, and/or creation of permitted parking spaces at Town landings or within 1 mile of existing landings or other publicly owned coastal properties. This moratorium shall apply to the Town's proposed parking relocation at Breakwater Beach but not to other Town projects designed specifically to maintain and protect existing parking footprints at Town landings, or to solely resolve drainage, pollution, and/or safety priorities on beach roads and at car parks. The moratorium shall be lifted only after a comprehensive Brewster Beach Access Plan—an overarching guide to Town projects as described above—has been developed, vetted, and approved. The Plan shall be designed to enhance Brewster's reputation as a premier beach and living destination with a strong sense of community. Developed through an open and objective community- based process, the Plan shall establish the Town-wide framework of goals, priorities, and criteria required to evaluate future landing, beach access, and parking projects. The Plan shall address all types of beach access in all seasons, with the goal of safely meeting the needs and wants of beach-goers of all ages, inclinations, and physical capabilities, along with those of the neighborhoods involved. Projects implemented under the Plan shall be designed to maintain and improve beach access across Town and to optimize access at individual Town landings based on site-specific conditions while increasing public Page 7 of 15 Special Town Meeting Report - September 2nd 015 safety and maintaining the character of designated "Scenic Roads." All such projects shall require Town Meeting approval prior to execution. To foster public engagement, objective analysis, and consensus-building, the community-based process used to create the Brewster Beach Access Plan shall include these connected tasks: I 1. On-line surveys and targeted outreach shall be conducted to gather 1 opinions, needs, and preferences of all categories of Town landing users 1 and public beach-goers, including year- round residents, seasonal ,,, residents, weekly renters, and day/weekend trippers; families, the elderly, 1 and disabled individuals; recreational fishing and boating enthusiasts; dog and horse owners; the business community (particularly hospitality, t shellfishing, and real estate); and abutters to, and neighborhoods hosting, Town beach access. 2. A beach access study shall be conducted to assess the types of access fi presently and potentially available at each Town landing and public beach, as well as the actual usage, both for peak season (July 1 - Labor Day) and over the entire year This study shall address parking availability, linear feet of beach front, bike and pedestrian access, density and types of traffic on beach roads, parking permit sales, parking enforcement, visual and physical access from parking lots, boating and shellfishing accommodations and permit sales, public safety, coastal erosion, climate change, and other considerations. )' E- 3. An options analysis study shall be conducted to identify and assess the potential benefits and costs of projects to maintain and improve access ¢'°' and supplement parking near Town landings and State beaches during the peak season. This study shall address options including but not limited to satellite parking, beach shuttles of all kinds, and biking and walking trails. Tasks 1-3 above shall be conducted in coordination with Brewster's Planning iii r f Board, Coastal Committee, Conservation Commission, All-Citizens Access Committee, and other entities as designated by the Brewster Board of ``' Selectmen,jumpstarted using an initial and immediate funding allocation of $20,000 by the Town. Funding shall be drawn first from any remaining funds under the May 2012 Town Meeting appropriation to study possible parking lots on State property between Crosby Lane and Linnell Landing Road, and then from other sources as designated by the Board of Selectmen in ' consultation with the Brewster Finance Committee. �_' These tasks—and the associated findings—shall be integrated within the public engagement and consensus-building activities specified in the Town's June 2015 grant application, "Developing a Coastal Resiliency Strategy for Brewster," if approved under the state's FY 16 Coastal Community Resilience Grant Program. Alternatively, the Town shall consider an additional appropriation at the Fall Special Town Meeting supporting the development of Lt- the Brewster Beach Access Plan within the context of climate resiliency and adaptation. F Under the direction of the Brewster Planning Board, the Brewster Beach Access Plan shall be prepared for public review and comment. Final review and d , approval of the Plan shall occur through public hearing processes before Brewster's Planning Board, Coastal Committee, Conservation Commission, ri and All-Citizens Access Committee, then Brewster's Board of Selectmen. After affirmative votes by each board, the Plan shall be adopted and the moratorium ,. imposed herein shall be lifted. Town Code shall be amended as needed to reflect the provisions of this article. k t. (Majority Vote Required) (Citizen's Petition) Page 8of15 I Special Town Mee in: Report - Se •tember 2nd 2015 MOTION: I move that the Town vote to approve Article no. 9 as printed in the warrant. Amendment on Main Motion: I move to amend Article no. 9 as follows: Strike the entire contents of the article, as drafted, and substitute the following language: "To see if the Town will vote to advise the Board of Selectmen to implement a collaborative, community based Process in order to foster public engagement, conduct focused inquiry, and develop a Comprehensive Brewster Beach Access Plan that addresses all types of coastal access in all seasons, with the goals of building climate resiliency, protecting natural resources, and managing peak summer demand for parking while safely meeting the needs and wants of beach goers of all ages, inclinations, and physical capabilities, along with those of the neighborhoods involved." Action on Amended Motion: Adopted Yes - 633 No - 98 Motion to "Move the Previous Question": Adopted ACTION: Voted to Adopt as Amended TOWN LANDING AND BEACH IMPROVEMENT PROJECTS ARTICLE NO. 10: 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 a series of planning activities and improvements to the parking, drainage and access facilities, as described at the locations listed in the summary attached hereto; to be undertaken during Fiscal Year 2016, including the payment of all costs incidental and related to the carrying out of these projects and their financing, as well as, any professional, design, and engineering service costs; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money pursuant to Chapter 44 of the General Laws and/or any other enabling authority and to issue bonds or notes of the Town therefore, provided that the amount of the notes or bonds issued hereunder shall be reduced by the amount of the sales proceeds, grant funds, and other money received before the sale of such notes or bonds; to transfer from available funds an additional sum of money for the purpose of paying for the preparation, issuance and marketing of bonds and notes issued hereunder and for paying interest on temporary notes issued in anticipation thereof; to authorize the Town Administrator to 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 the following equipment or services; and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, and expend the funds for the following purposes: Page 9 of 15 1 Special Town Meeting Report - September 2nd, 2015 Location: Project Expense: 1 a Breakwater Beach: Funding Sources: Project Estimate $268,350 State Grant $155,000 Prior Town Meeting Auth. from Comm. Pres. Grant $59,675 Prior Town Meeting Auth. for Construction Adm. $10,000 l� Beach Sand Article $8,675 V Free Cash $35,000 i Sub-total $268,350 b Ellis Landing: Funding Source: Partial Roadway Paving - $39,833 State Chapter 90, p' Drainage Improvements - $30,000 Town Road Bond & g Parking Lot Paving - $10,046 Road/Drainage Account $90,779 Landing Ramp System - $101,500 Free Cash Transfer - $101,500 Contingency $10,900 Sub-Total $192,279 .' Sub-Total $192,279 rf c Linnell Landing: Reclamation & Construction $25,800 Funding Source: Partial Roadway Paving - $48,000 State Chapter 90, Drainage Improvements - $58,000 Town Road Bond & Parking Lot Paving - $20,000 Road/Drainage Account $147,370 Contingency - $15,570 Free Cash Transfer - $20,000 to Sub-Total $167,370 Sub-Total $167,370 gi d Fisherman's Landing (Sheep Pond) Funding Source: Partial Roadway Paving $15,000 State Chapter 90, Drainage Improvements $67,000 Town Road Bond & Parking Lot Paving - $16,500 Road/Drainage Account $116,350 Guard Rail/Curbing, etc $30,000 Free Cash Transfer $25,000 Contingency $12,850 Sub-Total $141,350 Sub-Total $141,350 E,> e Slough Pond Landing: Funding Sources: Permitting - $2,000 1 Construction Materials - $3,000 Free Cash - $5,000 ii Sub-total $5,000 Sub-Total $5,000 Funding f Long Pond Boat Ramp & Landing: Funding Sources: Permitting & Design $20,000 Prior Town Meeting Auth. $10,000 Free Cash - $10,000 Sub-Total $20,000 g Paine's Creek Foot Bridge: Funding Sources: Permitting - $2,000 t Construction Materials - $4,500 Free Cash - $6,500 ( Sub-total $6,500 Sub-Total $6,500 h DCR/Nickerson Park Beach Access Funding Sources: Planning: Free Cash - $10,000 F., Professional Services $10,000 Sub-Total $10,000 F i DCR/Nickerson Park Beach Access Funding Sources: Construction: Site Grading $5,000 Free Cash - $30,000 Paving $7,500 Drainage $5,000 Sub-Total $30,000 Construction Materials $5,000 Gates $5,000 Contingency $2,500 Sub-total $30,000 Total Transfer from Free Cash Grand Total $243,000.00 Page 10 of 15 , 1, S•ecial Town Meetin• Report - Se •tember 2nd 2015 including the payment of costs incidental and related to carrying out these projects, as well as any professional, design and engineering service costs, and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, and expend these funds for this purpose, or to take any further action relative thereto. (Majority Vote Required or Two-thirds (Board of Selectmen) Vote Required if borrowing is requested) MOTION: I move that consideration of Article No. 10 be divided, so that Town Meeting votes on nine separate motions, one for each project. ACTION: Adopted to separate Article No. 10 into nine votes. Motion on 10a: I move that the Town vote to approve Article 10, item a, and to transfer the sum of$35,000.00 from Free Cash for this purpose. Motion to "Move the Previous Question": Adopted Action on 10a: Adopted Yes - 364 No - 325 Motion on lOb: I move that the Town vote to approve Article 10, item b, Ellis Landing and to transfer the sum of $101,500.00 from Free Cash for this purpose. Action on lOb: Adopted Motion on 10c: I move that the Town vote to approve Article 10, item c, Linnell Landing and to transfer the sum of $20,000.00 from Free Cash for this purpose. Action on 10c: Adopted Unanimously Motion on 10d: I move that the Town vote to approve Article 10, item d. Fisherman's Landing and to transfer the sum of $25,000.00 from Free Cash for this purpose. Action on 10d: Adopted Motion on 10e: I move that the Town vote to approve Article 10, item e, Slough Pond Landing and to transfer the sum of $5,000.00 from Free Cash for this purpose. Action on 10e: Adopted Unanimously Motion on 10f: I move that the Town vote to approve Article 10, item f, Long Pond Boat Ramp and Landing and to transfer the sum of$10,000.00 from Free Cash for this purpose. Motion on 10f: Adopted Motion on 10g: I move that the Town vote to approve Article 10, item g, Paines Creek Foot Bridge and to transfer the sum of$6,500.00 from Free Cash for this purpose. Action on 10g: Adopted Page 11 of 15 Special Town Meeting Report - September 2nd, 2015 I '''','' Motion on 10h: I move that the Town vote to approve Article 10, item h, DCR/Nickerson Park Beach Assess Planning and to transfer the sum of $10,000.00 from Free Cash for this purpose. Motion to "Move the Previous Question": Adopted t° Action on 10h: Adopted Motion on 10i: I move that the Town vote to approve Article 10, item i, DCR/Nickerson Park Beach Access Construction and to transfer the sum of$30,000.00 from Free Cash for this purpose. Motion to "Move the Previous Question": Adopted Action on 10i: Adopted AMENDMENT TO TOWN CODE Town Meetings ARTICLE NO 11: To see if the Town will vote to amend Chapter 48, Article I, Section 48-1 of the Code of the Town of Brewster, Massachusetts, as follows (proposed changes are bolded and underlined): ro Delete the current language: The Town will hold two regularly scheduled Town Meetings. The Spring Annual Town Meeting for the transaction of all business for the town, other than matters to be determined by ballot, shall be held on the first Monday in May at 7:00 p.m. The Annual Election for the election of officers and $y such matters as are by law determined by ballot shall be held on the third Tuesday in May Whenever the Annual Election for the election of officers and such matters as are by law determined by ballot falls fewer than two weeks after the scheduled beginning of the Spring Annual Town Meeting then the Annual Election shall be held on the fourth Tuesday in May The Fall Yearly Town Meeting will be held the third Monday in November to address the transactions of all business for the town. Whenever this schedule places it in the same week as Thanksgiving Day, the Fall Yearly nt Town Meeting shall be held instead on the second Monday in November. And substitute the proposed language: The Town will hold two regularly scheduled Town Meetings. The Spring Annual Town Meeting for the transaction of all business for the town, other than matters to be determined by ballot, shall be held on the first Monday in May at 7:00 p.m. The Annual Election for the election of officers and such matters as are by law determined by ballot shall be held on the third ` Tuesday in May Whenever the Annual Election for the election of officers and such matters as are by law determined by ballot falls fewer than two weeks after the scheduled beginning of the Spring Annual Town Meeting then the Annual Election shall be held on the fourth Tuesday in May The { Special Town Meeting will be held the third Monday in November to address the transactions of all business for the town. Whenever this schedule places it in the same week as Thanksgiving Day, the Special Town Meeting shall be held instead on the second Monday in November. or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: Moved under the consent calendar. ACTION: Adopted under the consent calendar Page 12 of 15 1 Special Town Meeting Report - Se 'tember 2nd 2015 ZONING BYLAW AMENDMENT Definition: Affordable Accessory Single-Family Dwelling Unit ARTICLE NO. 12: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Zoning, Article I, Section 179-2, Definitions, deleting the "S" in "AASDU" so that it reads: AFFORDABLE ACCESSORY SINGLE-FAMILY DWELLING UNIT (AADU) - Affordable housing, either attached or detached, as an accessory use to a single- family dwelling. It shall have a maximum of two bedrooms and a maximum of 900 square feet of area. [Added 11-5-2007 FYTM, Art. 20] or to take any other action relative thereto. (Two Thirds Majority Vote Required) (Planning Board) MOTION: Moved to indefinitely postpone. ACTION: Indefinitely postponed ZONING BYLAW AMENDMENT Establishment of Districts ARTICLE NO. 13: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Zoning, Article II, Section 179-3, Establishment of Districts, by deleting paragraph D, which includes the following text: D. The Corridor Overlay Protection District is a town-wide overlay protection district which is superimposed over all existing zoning districts. [Added 5-9-1994 ATM, Art. 25] or to take any other action relative thereto. (Two Thirds Majority Vote Required) (Planning Board) MOTION: Moved to indefinitely postpone. ACTION: Indefinitely postponed ZONING BYLAW AMENDMENT Signs ARTICLE NO. 14: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Zoning, Article V, Section 179-21 (first mention), Enforcement; abandoned signs; appeals, by renumbering the section to 179- 20.7, so that it reads: § 179-20.7. Enforcement; abandoned signs; appeals. or to take any other action relative thereto. (Two Thirds Majority Vote Required) (Planning Board) MOTION: Moved to indefinitely postpone. ACTION: Indefinitely postponed Page 13 of 15 Special Town Meeting Report - September 2nd, 2015 ZONING BYLAW AMENDMENT Special Permits ARTICLE NO 15: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Zoning, Article X, Section 179-51, Special permits A. (5) Findings, by deleting the second occurrence of the word "Development" and replacing it with the word "Site," so that it reads: (d) For developments subject to Chapter 83, Site Plan Review, it is recommended that applicants incorporate development standards specified under Chapter 83, as well as applicable development standards specified in this Zoning Bylaw (Chapter 179), to better coordinate permitting under both bylaws. or to take any other action relative thereto. (Two Thirds Majority Vote Required) (Planning Board) MOTION: Moved to indefinitely postpone. ACTION: Indefinitely postponed tY ZONING BYLAW AMENDMENT Site Plan Review ARTICLE NO 16: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Zoning, Article XII, Section 179-67B, Severability, by deleting "67-B" from the numbering and renumbering the section "179-68, so that it reads: § 179-68. Severability. X' or to take any other action relative thereto. (Two Thirds Majority Vote Required) (Planning Board) MOTION: Moved to indefinitely postpone. ACTION: Indefinitely postponed ZONING BYLAW AMENDMENT Natural Resources Protection Design ARTICLE NO 17: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Zoning, Article XIII, Section 179-51.1, Permanent -` Preservation of Open Space Land, A., Ownership of Open Space Land, (1) (b) by deleting the numbers "4.6.2" and replacing them with "179-75.1B" so that it p„ reads: (b) Conveyed to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space, with a conservation restriction as specified in 179-75.1B below. Such organization shall be acceptable to the Board as a bona fide conservation organization; or or to take any other action relative thereto. (Two Thirds Majority Vote Required) (Planning Board) Page 14 of 15 S•ecial Town Meeting Report - September 2nd 2015 MOTION: Moved to indefinitely postpone. ACTION: Indefinitely postponed. 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 under Article 18 any other Business: I move that the Town offer a vote of thanks to Charles Sumner, our Town Administrator of nearly three decades, and that we acknowledge his service, his leadership, and his love for our community. Action: Adopted Unanimously with a standing ovation. MOTION: I move that the Town vote to dissolve the 2015 Special Town Meeting. ACTION: Adopted Unanimously The Special Town Meeting of September 2nd, 2015, was dissolved at 10:40 pm. A True Copy Attest; CjiaLMARCLIO.MINI Colette M. Williams CMC/CMMC Town Clerk Brewster, MA Page 15 of 15 \ \t tr \ \\f\{f\ƒ\%\V\. \\\\\\\/\%/\ ƒ \ \d \ t... \ \ \ \ \ ;