HomeMy Public PortalAbout1970-03-02 Annual Town Mtg Report (Article 17 Amendment) ARTICLE 17. I move that the Town authorize the Selectmen to purchase, Bake
"[ by eminent domain, or other-w-ise acquire for use as a municipal disposal area
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the land adjacent to Freeman's Way as shown on a. plan entitled "Plan of
Lands in Brewster, Mass., as surveyed and mapped .for the Town of Brewster,
February 1970, Nickerson & Berger Eastham, Mass." now on file with the
Town Clerk, said parcel, containing 103.39 acres, and that the sum of
Se:enty Four Thousand Seven Hundred Dollars ($7 .,700.00) be appropriated
for such purpose, and to meet such appropriation the sum of Five Thousand
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Dollars ($5,000.00) shall be raised by taxation and the Treasurer, with
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the arptcval of the S�wlectmen, is hereby authorized to borrow at one time
or from time to time, the sum of Sixty Nine Thousand Seven Hundred Dollars
($69,700,00) and to issue bonds or' notes therefore under and pursuant. to
` Chapter 44, Section 7, Clause (3) of the General Laws, as'amended and
supplemented, each issue of such bonds or notes -to b^ payable in not more
than two (2) years from its date :i.n accordance with the applicable provisions
of said Chapter 44,
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The following transfers were voted :
Article 3 .- Overlay Surplus to Reserve Fund 52000 , 00
Article 10- Free Cash to Chapter 81 , Highways 1 . 1 , 500 . 00
Article 11 - Free Cash to Chapter 90 , Highways 181000 . 00
Article 12- Road Machinery Fund for purchase ,
maintenance & operation Road Mach . 4 000 . 00
Article 15- State Library Fund to Library 500 . 00
Article 35- Unexpended Balances 2 682 . 69
Article 37- Free Cash for Reduction, of Taxes 40 , 000 . 00
ARTICLE 10 . To see if the Town will vote to raise and
appropriate , or transfer from unappropriated available funds in
the treasury , a sum of money for Chapter 81 , Highways .
Voted unanimously that the Town raise and appropriate the sum
of Five Thousand Two Hundred Fifty Dollars ( $ 55250 . 00 ) and trans-
fer from free cash in the treasury the sura of E: even Thousand Five
Hundred Dollars ( $ 11 , 500 . 00 ) to meet the cost of the State ' s share
of Chapter 81 , highway work .
Motion was made that $897 , 013 . 79 be appropriated . This was
amended to include $300 , 0. 0 for Assistant Building Inspector making
a total of $897 , 313 . 79 . C � �.� , � 4 t 71
ARTICLE 11 . To seeif the Town will vote to raise and approp-
riate , or transfer from unappropriated available funds in the
treasury, a sum of money for Chapter 901. Highways ,
Voted unanimously that the Town raise and appropriate the
sum of Six Thousand ( $6 , 000 . 00 ) Dollars and transfer from free
cash in the treasury the sum of Eighteen Thousand ( $ 18 , 000 . 00 )
Dollars to meet the cost of the state and county ' s share of Chapter
90 highway construction .
ARTICLE 12 . To see if the Torn will vote to appropriate from
from the Road Machinery General Fund , the sum of Four Thousand
Dollars ( $4 , 000 . 00 ) to be used for the purchase , maintenance and
operation: of Road Machinery ,
Voted unanimously that the Town raise and appropriate from
the Road Machinery General Fund , the sum of Four Thousand Dollars
( $4 , 000 , 00 ) to be used for the purchase , maintenance and operation
of Road Machinery .
ARTICLE 13 . To see if the flown will assume liability in the
manner provided by Section 29 of Chapter 91 of the General Laws ,
as amended by Chapter 516 and 524 , Acts of 1950 for all damages
that may be incurred by work to be performed by the Department of
Public Works of Massachusetts for the improvement , development ,
maintenance and protection of tidal and non-tidal rivers and streams ,
harbors , tide-waters , foreshores and shores along a public beach
outside Boston Harbor , including the Merrimack and Connecticut Rivers ,
in accordance with Section 11 of Chapter 91 of the General Laws ,
and authorize the Selectmen to execute and deliver a bond of in-
demnity therefore to the Commonwealth .
Voted unanimously that the Town assume liability in the manner
provided by Section 29 of Chapter 91 of the General Laws , as amended
by Chapter 516 and 524 , Acts of 1950 for all damages that may be in-
curred by work to be performed by the Department of Public Works of
?Massachusetts for the improvement , development , maintenance and pro-
tection of ti� al and non-tidal rivers and streams , harbors , tide-
waters , foreshores and shores along a public beach outside Boston
Harbor , including the Merrimack and Connecticut Rivers , in accordance
with Section 11 of Chapter 91 of the General Laws , and authorize the
Selectmen to execute and deliver a bond of indemnity therefore to
the Commonwealth .
ARTICLE 14 . To see if the Town will vote to authorize and
instruct the Town Treasurer to pay the Dog Tax returns from the
assessments of 1970 to the Brewster Ladies ' Library Association_
in accordance with Chapter 140 , Section 72 .
Voted unanimously that the Town authorize and instruct the
Town Treasurer to pay the Dog Tax returns from the assessments of
1970 to the Brewster Ladies ' Library Association in accordance
with Chapter 140 , Section 72 .
ARTICLE 15, To see if the Town will vote to transfer from
available funds in the Treasury, the sun of Five Hundred Dollars
($500.00) to the Brewster Ladies' Library Association.
Voted unanimously that the Town transfer from available funds
in the treasury, the sum of Five Hundred Dollars ($500.00) to the
Brewster Ladies' Library Association.
ARTICLE 16. To see if the Town will vote to instruct the
Selectmen to contract for one year for Ambulance Service with the
Brewster, Orleans, Eastham Ambulance Association, Inc., and raise
and appropriate the sum of Three Thousand Five Hundred Dollars
($3,560.00) for this purpose.
Noted unanimously that the Town instruct the Selectmen to con- -
tract for one year for Ambulance Service with the Brewster, Orleans,
East.<am Ambulance Association, Inc., and raise and appropriate the
sum of Three Thousand Five Hundred Dollars ($3500.00) for this ---
purpose.
ARTICLE 1?. To see if the Town will vote to raise and app-
riate the sum of Two Hundred Six Dollars and 80/100 ($206.80)
under the provisions of Chapter 388, Acts of 1954 amended by
Chapter 433 of 1955 control of Greenhead Fly and authorize the
Town Treasurer to pay said appropriation into the State Treasury.
Passed by voice voite that the Town raise and appropriate
the sum of Two Hundred Six Dollars and 80/100 ($205.80) under the
provisions of Chapter 388, Acts of 1954 amended by Chapter 433 of
1955 control of Greenhead Fly and authorize the Town Treasurer to
pay said appropriation into the State Treasury.
ARTICLE 18. To see if the Town will vote to raise and app-
ropriate the sum of Twenty Five Thousand Dollars ($25,000.00) to
be used in:.conjunction with Chapter 90, :honey previously approp-
riated for construction work on Freeman's ',,,.ay, work to be done
by Town Forced.
Voted unanimously that the Town raise and appropriate the sum
of Twenty Five Thousand Dollars ($25,000.00) to be used in con-
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untion with Chapter 90, money previously appropriated for con-
struction work on FreeirAn's Way, work to be done by Town Forces.
ARTICLE 19. To see if the Town will vote to raise and app-
ropriate the sum of Twenty Two Hundred Dollars ($2200.00) to in-
stall a drainage system at the juntion of Alden Drive and Route 6A.
Passed by voice vote that the Town raise and appropriate the
sum of Twenty Two Hundred Dollars ($2200.00) to install a drainage
system at the junction of Alden Drive and Route 6A.
ARTICLE 20. To see if the Town will vote to accept the layout
of Red Top road as made and reported by the Selectmen on January 26,
1971 as shown on a plan drawn by Nickerson & Berger and on file with
the Town Clerk and to authorize and instruct the Selectmen to pur-
chase, take by eminent domain or otherwise acquire the title to the
fee in the lands within said 'layout and to act fully thereon and
for this purpose raise and appropriate a sum not exceeding Three
"thousand Five Hundred Seventy Five Dollars ($3575.00) to be used
for Land taking.
a motion was made to lay this article on the table before
the final vote. - Yes 47 - No 81 .
Voted Yes 136 - No 14 that the Town accept the layout ofRed
Top Road as made and reported by the Selectmen on January 26, 1971
as shown on a plan drawn by Nickerson & Berger and on file with the
Town Clerk and to authorize and instruct the Selectmen to purchase,
take by eminent domain or otherwise acquire the title to the fee
in the lands within said layout and to act fully thereon and for
this purpose raise and appropriate a sum not exceeding Three Thousand
Five Hundred Seventy rive Dollars ($3575.00) to be used for land --
taking.
ARTICLE 21 . To see if the Town.vi.11 vote to accept the lay-
out of A. Percie Newcomb Road as rade and rpoerted by the Selectmen
on January 26, 1971 as shown on a plan drawn by Nickerson & Berger
and on file with the Town Clerk and to authorize and instruct the
Selectmen to purchase, take by eminent domain or otherwise acquire
the title to the fee in the lands within said layout and to act
fully thereon and for this purpose raise and appropriate a sum
not exceeding Four Thousand Sixty Dollars ($4,060.00) to be used.
for :land taking.
September 15, 1970 cone.
Register of Froba to and .insolvency
Barnstable County (to fall vacancy)
Frederic Paul Claussen 330
Blanks _ '4 Blanks 71
3 4 71
September 22, 1970
Received from. Selectmen, and here recorded, appointment of
Frank 77. Bogardus to be delegate to Cape Cod Planning and
Economic Development Commission, replacing Arthur Ecclestone,
deceased
September 23, 1970
Then appeared before me, Frank 1. Bogardus, who was duly sworn
to be delegate to the Cape Cod Planning and Economic Devel-
opment- Commiss-lon.
October 8, 197Q
Received from Select-ent, name of T'ra k f in B. syr-ox to
be added to Jury list.
October 8, 1910
Drew names of Franklin B: Kynor, and Donald B. i:IcGu ra for
Traverse jury duty at the revues t of Franklin B. aFtzrray,
deputy sheriff.
October 14, 1270
Then appeared before me and were duly sworn (or re--swc rn)
the following :members of the Finance Committee: William
T. Doyle, Berry D. Richardson, Louise laBrecoue, 'earl C.
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Dickey, Kenneth Graham, Donald Henderson, Robert E. Ellis
and Douglas Cole.
October 16, 1970
Received from Gilbert E. Ellis, his resignation, dated October
14, as a member of the Ivauset Regional School Committee. ?notified
Selectmen and Town Accountant.
October 19, 1970
Received from Selectmen, and here recorded, the name of
Charles Silva, Jr. to be a member of Nauset Regional.
School District Committee. Term expires April 1971.
October 20,- 1970
Then appeared before zee Charles Silva, Jr. , who was duly
swcrn to be a member of hte N,�_uset Regional School District
Committee.
October 21, 1970
Received from Lillian H. Smith, her resignation as a member
of --he Bre.7.ster School Committee. Notified Selectmen and
Accountant.
November 2, 1570
Received from Lola Taber, resignation as an election officer
and teller.
November 3, 1970
Received from Board of Selectmer,� appointment of Kather:�re...TJeyer
as election officer. Sre t=_er� appeared before me, 'and was duly
sworn,
November 209 197-9
Received (as Town Treasurer) copy cc contract between, '71nitman
Hotiard. and Town of Brevis ter on water.
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November 24, 1970
Received a letter from the School Committee stating that
Judith A Walsh had been elected at a meeting of the School.
Committee and the Board of Selectmen, to replace lillian Smith
who resigned.
November 24, 1970
Then appeared before .:tee Judith ��:``!. Walsh, who was duly sworn in
as a member of the School Committee.
November 24, _1970
Received notice of intent tc forego a recount of ballots in
the election for U. S. Congressman, 12th District (received
November 10, and here recorded) , from Gerry Studds, Democrat.
November 27, 1970
Received notice of consent to Tx. Studds reruest fop- a recount
from Hastings Keith, U. S. Cor_gressman, 12th District.
December 1, 1970
Received word from Moderator Grant W. Koch that Theodore 't':iood
has resigned from the Rem ional Disposal Committee and. that
Kenneth F. Garfield has been appointed to replace him.
December 16, 1970
Received from Selectmen, and here recorded material on Brewster
Cemetery (of Poster Road) whereby they have set themselves up
as Cemetery Commissioners, Established Record of Dots on a page
at the back of this book as a record.
December 18 1270
Received foam Bcard of Health the following regulation adopted
in accordance with Chapter 111, Section 31 of the General laws:
Ali leachAg fields, seepage pits and cess pools of an on-lot
sewage disposal system shall not be located or installed less
than 100 feet from a watercourse incluc?igE streams, ponds,
open and sub surface drains and fresh or salt .pater marsh land.
January 12, 1971
Jo Wood and Florence Shovelier were appointel by the Board of
Registrars to rassist in the annual Street listing.
jaw 13,19 `7 1 . .,
Received from Selectmenh Decree and Order of Taking of `` unicipal
Disposal Area as recorded Book 1481., Page lo42. Placed in
Town vault`.
February 9, 1971
Received from Nickerson & Berger original linens, prints and
layouts of Underpass Rd. , A. Fercie Newcomd Rd. , and Red
Top Rd. Placed same in vault,
February 22, 1971
Received notice from Collector of Taxes thataTheodore Harvey
Wood has been apo±nted Deputy Collector for Motor Vehicle
Excise taxes.
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THIS CONTRACT AND AGREEMENT made and concluded this
day of November 1970 by and between the Tows
of Brewster, Mass. , by its Board of Selectmen acting as
water Commissioners, hereinafter called the Town, and
Whitman & Howard, Inc. , Engineers and Architects, of Boston
Mass. , hereinafter called the Engineer.
WITNESSETH, that in consideration of mutual agreements
herein contained, the parties hereto agree as follows
PART I. ENGINEER'S SERVICES
The ENGINEER agrees to furnish the following engineering
services in relation to the construction of the proposed water
system as shown, in general, on a plan, entitled "Proposed
Water System, Brewster, Mass. , origionally dated November
10 , 1956 as revised August 10, 1970.
A. Surveys
1. The Town shall employ surveyors at the Town's
expense to make such surveys and ;dans and to set stakes and
concrete bounds, etc. as directed by the Engineer with the
Tom's approval, as follows
a. Plans at a scales of V - 1001, showing
the area where it is proposed to construct
the water system, plus some additional
areas that may be served in the future.
These plans to be prepared from aerial
photographs and to show streets, ways,
buildings, poles, catch basins , culture
etc. to such extent as may be reasonably
obtained by means of aerial photography.
b. Topographical surveys and plans as required
for pumping stations, standpipe, shop and
garage building and access roads to them.
c. Surveys and plans showing maters, bounds
and areas that may be required for purchase,
takings by ermninent domain or otherwise
and releases of land and easements. Plans
of easements shall also shoes topographic
details as required for layout and con-
struction.
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3. The Engineer will furnish all necessary engineering
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assistance to obtain approvals from regulatory agencies and
will attend such meetings as are necessary to carry out the
proposed works.
4. The Engineer will furnish, upon completion of the
f work, record drawings of the works constructed and separate
drawings to be made into books ; one showing main line gate
valve locations and the other service shut off valve locations
installed by contractor in connection with the work done
under this contract.
D. General Engineering Services (Construction Phase)
1. The Engineer will assist in securing bids for
construction (Town to pay actual cost of advertising and
reproductions) and shall tabulate all bids and award of contractse
2. The Engineer will check and approve shop drawings
as necessary.
3. The Engineer will make periodic field trips
and shall attend necessary meetings of :own and State officials.
E. Detailed Field Observation
1. The Engineer will furnish a resident observer
and assistants, as required by the progress of the work,
to observe sub-surface investigations and the materials
furnished and the construction work and to report to the Town
relative thereto.
2. The Engineer will prepare partial and final
estimates of payments to suppliers and contractors.
3. The Engineer will report to the Torn the
results of all necessary acceptance tests as conducted on
the project site.
4. if special tests requiring X--ray tests of
welds in standpipe, steel for standpipe, field and/or
laboratory tests of soil conditions, building materials
including concrete for foundations and paint they shall be
i' made as directed by the .Engineer with the approval of the
Town at the Town's expense.
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5. It is further agreed that the Town will furnish
at its own expense, when construction work starts, a competent
man to act as particular observer on this work to assist the
Engineer under the direction of the Engineer, and that the
Engineer is to instruct him and train him fully in water works
construction and operation of the Brewster Water System accord-
ing to the best modern practices so that he may be prepared
to assume the duties of executive of the Brewster water works
System.
PART II. COMPENSATION
The Town agrees to pay the Engineer and the Engineer
agrees to receive as full compensation under this agreement
the following:
A. Payment for services rendered under PART I--A.2
$1,440 and I-A.3 $6,700; due and payable on account as the
work progresses.
B. Payment for Plane, Specifications, Contract forms
Etc. i paragraph C-1, 2, 3 shall be the lump sum of $136,800
due and payable on account monthly as this work progresses.
C. Payments for record drawings (plans) and for
drawings showing main line gate valve locations and service
shut off valve locations, paragraph C-4 shall be the lump
sum of $5,600 due and payble as follows - $2,350 when the
record plans are delivered, $750 when main line gate valve
locations are delivered and $2,500 when house service locations
are delivered.
D. Payments for General Engineering Services (Con-
struction Phase) paragraphs D-1, 2 and 3 shall be the lump
sum of $34,240 payable monthly as this work progresses.
E. The Town is to pay the actual cost for advertising
and reproductions on submittal of invoices for same.
F. Payments for Detailed. Field Observation, paragraphs
E. 1,2,3 and the direction of field and laboratory tests
as provided for paragraph E.4 shall be the lump sum of $122,900
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due and payable monthly as this work progresses.
G. Payments for X-rays, field soil tests, off site
laboratory and material tests shall be made on submittal
of invoices for same.
PART III. EXTE14DED WORK
If the construction or the project is not completed on
the date for final crAmletion to be set forth in the contracts
for conrstruction, the TOaiw agrees to pay the ENGINEER its
usual day rates plus expenses for engineering work and detailed
field observation work performed by the ENGINEER after said
date for final completion.
PART IV. LITIGATION
For waking preparations for, and services connected with,
any litigation between the TOWN and the contractor or contractors
engaged in the construction of the proposed work* and between
the TOWN and any party or parties furnishing performance bond
for said contractOrs, the TOWN is to pay the ENGIMR its usual
day rates plus expenses.
IN FITNESS MOREOP, the parties to these presents have
hereunto set their hands and seals in quadruplicate on the dad*
and, year first above written.
Town of Brewster
By its Board of Selectmen
acting as Water Commissioners
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WH fi'l l .4 HOWARD, INC.
C. R Pearson
President
EXTRACT FROM MINUTES OF MEETING
OF BOARD OF DIRECTORS, WHITMAN & HOWARD, INC.
"A meeting of the Board of Directors of Whitman & Howard,
Inc. , was duly called and held this 2nd day of March, 1970, at
1: 30 o' clock P.M. , at the office of the Corporation at 89 Broad
Street, Boston, Massachusetts, all of the Directors being present.
"Upon motion, duly made and seconded, it was
"VOTED: That C. Roger Pearson, C. R. Wickerson,
Robert T. Jones and James T. McDonough
are each individually authorized to
sign, seal and deliver in the name of
the Corporation, and on its behalf,
contracts for engineering services,
and to sign releases for the Corpora-
tion.
A True Copy,
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ATTEST: . .
CLERK.
This is to certify that the above vote was, and is in full
force and effect as of the date of this contract.
ATTEST: ✓ a �; -
CLERK.