Loading...
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 x k 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 ix R C� Dollars ($5,000.00) shall be raised by taxation and the Treasurer, with I 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, �1 r� N Q �?J 3..� S �"+ }I o n''�L. .�!'ice, Q.L 15 0 m .3 , ,r V_S*bVft <1 0 M al1J. Va-LN t Q-L,'. r 31 C n OA ct UO n cn N 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- 4 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. -- 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. ,. 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. s 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. `3_ I 3. The Engineer will furnish all necessary engineering pp 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. -4- 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 -5- 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 �r 4f r 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, r 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.