HomeMy Public PortalAbout1994-11-21-Special Town Mtg ReportReport of the
FALL YEARLY TOWN MEETING
November 21, 1994
In accordance with the Warrant, the Fall Yearly Town Meeting was
held in the Brewster Elementary School Cafetorium, Monday, November
21, 1994.
The meeting was called to order at 7:00 p.rn. by the Moderator,
Stephen L. Doyle. The Tellers were Althea Alling, Brenda L.
Courtney>, Jean L. Gage, Ann C. Golin i, Ruth Hanlon, and ~ti'illiam S.
Nielsen. The Checkers were Helen R. Allen, Lois Curcio, Catherine
M. Flaherty, Elizabeth M. Hardy, Dorothy D. Leone, Sharon A.
Morgan, Sherry A. Ryder, Beverly J. Smith, and Mildred iJnger.
A quorum was present.
The Town Clerk, Joan k. Cole, read the Fall Yearly Town Warrant and
the return of the Warrant. There being no objection, the Moderator
dispensed with the reading of all the articles.
The Moderator recognized Selectperson, C1~ristine Durgin. Christine
Durgin thanked Jennifer Taylor for taping the. Board of Selectmen
and Finance Committee meetings for cable television.
1. UNPAID BILLS
ARTICLE 1. To see if the Town will vz>te to transfer
from available funds the sum of Th irteen Hundred and Sixty-Sever,
and 00/100 ($1,367.00) Dollars to pay the following unpaid bills
from a previous fiscal. year:
a. Noyes Data Corporation
$ 64.00
b. Gary Nickerson 1,225.OU
c. Patrick K. Connelly 78.00
Total $1,367.00
or to take any other action relative ther.et.o.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 1 as printed
in the warrant and to transfer the sum of 51,367.00 from free cash
for this purpose.
ACTION: ADOPTED UNANIMOUSLY
2. BUDGETARY TRANSFERS
ARTICLE 2. To see if the Town will vote to transfer
from available funds and/or appropriate from surplus funds in some
departments an amount of money to be used in conjunction with funds
appropriated under current fiscal year budgets during the current
fiscal ,year to pay shortfalls that would otherwise exist in the
Fiscal Year 1995 Budget. of other departments, or to take any other
action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 2 as printed
in the warrant and to transfer the sum of $25,000.00 from the Golf
Receipts Reserved For Appropriation Account. to Line Item 5 (Finance
Committee Reserve Fund) of Article 3 of the May 9, 1994 Annual Town
Meeting and to transfer the sum of 55,400.00 from Article 5 (Nauset
Regional Assessment} to Line Item 35 (Wiring Inspector Wages- of
Article 3 of the May 9, 1994 Annual To~~~n Meeting.
ACTION: ADOPTED UNANIMOUSLY
1
FYTM 11/21/94
3. SEIU / COLLECTIVE BARGAINING
ARTICLE 3. To see if the Town will vote to transfer from
available funds a stem of money to be used to meet the terms and
conditions of the proposed Collective Bargaining Agreement,
effective July 1, 1994, between the Town of Brewster and the
Service Employee's International Union, Local 254, or to take any
other action relative thereto.
(Board of Selectmen!
~10TION: I move that the Town vote to approve Article 3 as printed
in the Warrant and to transfer the sum of $15,500.00 from Free Cash
for this purpose.
ACTION: ADOPTED UNANIMOUSLY
4. OPEIU, UNITS A 8c B / COLLECTIVE BARGAINING
ARTICLE 4. To see if the Town will vote to transfer from
available funds a sum of money to be used to meet the terms and
conditions of the proposed Collective Bargaining Agreement,
effective July 1, 1994, between the Town of Brewster and the Office
and Professional Employee's International Union, Units A & B, or to
take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the town vote to approve Article 4 as printed
in the Warrant and to transfer the sum of $15,500.00 from Free Cash
for this purpose.
ACTION: ADOPTED UNANIMOUSLY
5. OPEIU, UNIT C / COLLECTIVE BARGAINING
ARTICLE 5. To see if the Town will vote to transfer from
available funds a sum of money to be used to meet the terms and
conditions of the proposed Collective Bargaining Agreement,
effective July 1, 1994, between the Town of Brewster and the Office
and Professional Employee's International Union, Unit C, or to take
anv other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 5 as printed
in the Warrant and to transfer the sum of $7,000.00 from Free Cash
for this purpose.
ACTION: ADOPTED UNANIMOUSLY
6. NON-UNION WAGE EXPENSE
ARTICLE 6. To see if the Town will vote to transfer from
available funds a sum of money to fund wage and salary adjustments,
for eligible employees covered by the Personnel Bylaw and other
non-union employees, effective July 1, 1994, or to talze any other
action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town ~~ote to approve Article 6 as printed
in the warrant and to transfer the sum of $24,000.00 from Free Cash
for this purpose.
ACTION: ADOPTED UNANIMOUSLY
2
FYTM 11/21/94
1
~1
7. TOWN BY-LAW
ARTICLE 7. To see if the Town will vote to accept the
provisions of Massachusetts General Laws Chapter 40, Section 57, as
amended from time to time, to implement the provisions of the
statute with the following general by-law, and to add this by-law
to the Code of the Town of Brewster, Massachusetts as Chapter 94:
94-1. The Town ma~° deny any application for, may
revoke, or may suspend any local license or permit including
renewals and transfers issued by any board, officer, or department
for any person, corporation, or business enterprise who or which
has neglected or refused to pay any local taxes, fees, assessments,
betterments, or any other Town charges, and the Town may deny any
application for, may revoke, or may suspend any local license or
permit for any activity, event, or other matter which is the
subject of such license or permit if the activity, event, or matter
is carried out or exercised or is to be carried out. or exercised on
or about real estate whose owner has neglected or refused to pay
any local taxes, fees, assessments, betterments, or any other Town
charges.
94-2. The Collector of Taxes shall annuall,v furnish
to each department, board, commission, division, or official
(hereinafter referred to as the licensing authority) which issues
licenses or permits, including renewals and transfers, a list of
any person (in any capacity), corporation or b~isiness enterprise
(hereinafter referred to as the party) who or which has neglected
or refused to pay any local taxes, fees, assessments, betterments,
or other Town charges for not less than a twelve (12) month period
if such party has not filed in good faith a pending application for
an abatement of such tai, or a pending petition before the Appellate
Tax Board.
94-3. The licensing authority may deny, revoke, or
suspend any license or permit, including renewals and transfers, of
any party whose name appears on the list furnished to the licensing
authority by the Collector of Taxes, and the licensing authority
may deny, revoke, or suspend any license or permit, including
renewals or transfers, for any activity, event, or other matter if
the activity, event, or other matter is carried out. or exercised or
is to be carried out or exercised on or about real estate owned by
any party whose name appears on the list furnished to the licensing
authority by the Collector of Taxes; provided, however, in either
case, that written notice is given to the party by the Collector of
Taxes, as required by applicable provisions of law, and the party
is given a hearing by the licensing authority no earlier than
fourteen (14) days after the notice.
94-4. The Collector of Tales shall have the right to
intervene in any hearing conducted with respect to such license or
permit denial, revocation, or suspension. The findings made by the
licensing authority with respect to such license denial,
revocation, or suspension shall be made only for the purposes of
such proceeding and shall not be relevant to or be introduced in
any other proceeding at law except for any appeal from such license
denial, revocation, or suspension. Any license or permit denied,
suspended, or revoked under this by-lava shall not be reissued or
renewed until the licensing authority receives a certificate,
issued by the Collector of Taxes, stating that the party is in good
standing with respect to any and all local taxes, fees,
assessments, betterments, or other Town charges which are payable
to the Town on or before the date the certificate is issued.
94-5. Any party shall be given an opportunity to
enter into a payment agreement, thereby allowing the licensing
authority to issue a certificate indicating these limitations to
the license or the permit, and the validity of the license or
permit shall be conditioned upon the party's satisfactory
compliance with the payment. agreement. Failure to comply with the
3
FYTM 11/21/94
agreement shall be grounds for the suspension or revocation of the
permit or license, provided, however, that the holder of the permit.
or license be given notice and a hearing as required by the
applicable provisions of the law.
94-6. The Board of Selectmen may waive any denial,
suspension, or revocation if it finds, after a public hearing, that
there is no direct or indirect business interest held by the
property owner, its officers or stockholders, if any, or members of
the party's immediate family, as defined in Massachusetts General
Laws Chapter 268A, Section 1, in the business or activity conducted
in or on the property.
94-7. If the party which owes local taxes, fees,
assessments, betterments, or Town charges is a corporation, any
person or entity owning ten (10%) per cent or more of the issued
stock of the corporation shall also be deemed to be a delinquent
party. If the party which owes local taxes, fees, assessments,
betterments or Town charges is a trust, any person or entity
holding ten (10%) percent or more of the beneficial interests of
the trust shall also be deemed to be a delinquent party. The
burden of proof shall lie with the party claiming to hold less than
a ten (10%) per cent interest in a corporation or trust, or
claiming, in a petition addressed to the discretion of the Board of
Selectmen, that the party's circumstances render it unjust not to
waive a denial, suspension, or revocation of the license or permit.
94-8. This section shall not apply to the following
licenses and permits: open burning; section thirteen of chapter
forty-eight; bicycle permits; section eleven A of chapter eighty-
five; sales of articles for charitable purposes, section thirty-
three of chapter one hundred and one; children work permits,
section sixty-nine of chapter one hundred and forty-nine; clubs,
associations dispensing food or beverage licenses, section twenty-
one E of chapter one hundred and forty; dog licenses, section one
hundred and thirty-seven of chapter one hundred and forty; fishing,
hunting, trapping license, section twelve of chapter one hundred
and thirty-one; marriage licenses, section twenty-eight, of chapter
two hundred and seven and theatrical events, public exhibition
permits, section one hundred and eighty-one of chapter one hundred
and forty - all of the Massachusetts General Laws;
or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 7 as printed
in the warrant.
ACTION: ADOPTED UNANIMOUSLY
8. ANNUAL TOWN ELECTION
ARTICLE 8. 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 by repealing its second and third sentences reading,
as follows:
The Spring Annual Town Meeting for the transaction of all
business for the town, other than such matters as to be
determined by ballot, shall be held on the second Monday°
in May at 7:00 p.m. The Annual Election for the election
of two (2) officers and such matters as are by law determined
by ballot shall be held on the third Monday in May,
and by inserting in its place, the following:
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
1
1
~~
FYTM 11/21/94
in Map 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.
1
or to take any other action relative thereto.
(Board of Selectmen/Town Clerk)
MOTION: I move that the Town vote to appro~-e Article 8 as printed
in the warrant.
ACTION: ADOPTED UNANIMOUSLY
9. SPECIAL LEGISLATION
ARTICLE 9. To see if the Town will vote to petition
the General Court to enact special legislation in essentially the
following form or having essentially the same effect:
Notwithstanding any other pro~~isions of law, the Board
of Selectmen for the Town of Brewster ma,v appoint up
to four (4) alternate members of the Conservation
Commission for a term of one ll) year; when the
Conservation Commission lacks a quorum for reasons of
absence, inability to act, or a conflict of interest,
the Chairperson of the Conservation Commission may
designate an alternate to sit on the Commission.
or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 9 as printed
in the warrant.
ACTION: ADOPTED UNANIMOUSLY
10. GIFT OF WEATHERVANE
ARTICLE 10. To see if the Town will vote to accept. the
gift of a replacement weathervane for the Old Town Hall/Council on
Aging Building, located on Route 6A, from the Brewster Historical
Society, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 10 as
printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
11. PROPERTY EASEMENT/GOLF
ARTICLE 11. To see if the Town will vote to authorize
the Board of Selectmen to grant an easement to the COMMONWEALTH
ELECTRIC COMPANY to install and maintain a padmount transformer to
service the Golf Course Driving Range, in an area ten feet in width
(10') and ten feet in depth (10'), located on Town-owned land,
shown as Lot No. 9 on a plan recorded in Plan Book No. 372, Page
No. 96, at the Barnstable County Registry of Deeds, the area being
appro~iimately five hundred and twenty feet ( 520') southerly from a
pole number 118/49 1/2 on Freeman's Way, or to take any other
action relative thereto.
fBoar.d of Selectmen)
MOTION: I move that the Town vote to approve Article 11 as
printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY'
5
FYTM 11/21/94
12. ENGINEERING/LANDSCAPE SERVICES
ARTICLE 12. To see if the Town will vote to transfer
from available funds a sum of money to enter into a contract or
contracts for engineering, landscaping architectural and other
professional s ervices at the Drummer Boy Property, located on Main
Street in West Brewster, and to authorize the Board of Selectmen to
solicit bids, enter into con tracts and expend said funds for this
purpose or to take any> other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to amend Article 12 to transfer
the sum of $10,000.00 from Free Cash to enter into a contract or
contracts for engineering, landscaping, architectural,
archeological and other professional services which will result in
the development of a comprehensive master plan for the Drummer Boy
Property located on Main Street in West Brewster to be presented by
the 1995 Ma~> Town Meeting and to authorize the Board of Selectmen
to solicit bids, enter into contracts and expend said Rinds for
this purpose; and to authorize the Board of Selectmen to serve as
the Special Permit Granting Authority for temporary uses of this
site until Town Meeting takes some other relative action.
ACTION: ADOPTED
13. ACCEPTANCE AND LOCATION OF BANDSTAND
ARTICLE 13. To see if the Town will vote to locate and
accept the gift of a bandstand from the Brewster Board of Trade on
the Town-owned land, referred to as the Drummer Boy property,
located on Route 6A, in West Brewster, or to take any other action
relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 13 as
printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
14. DRUMMER BOY PROPERTY USE POLICY
ARTICLE 14. To see if the Town will vote to constitute
the Board of Selectmen as the authorizing agent for the Town to
permit periodic, short-term uses and events on the Drummer Boy
Property, located in West Brewster, or to take any other action
relative thereto.
(Board of Selectmen)
:MOTION: I move that the Town vote to indefinitely postponed
consideration of Articles 14, 15, and 17.
ACTION: ADOPTED TO INDEFINITELY POSTPONE
15. DEMOLITION/DRUMMER BOY PROPERTY MAIN HOUSE
ARTICLE 15. To see if the Town will vote to transfer
from available funds a sum of money to remove or demolish the main
house on the Town-owned land, referred to as the Drummer Boy
property,and to authorize the Town Administrator to solicit bids,
enter into contracts, dispose of surplus property, and expend said
funds for this purpose, or to take any other action relative
thereto.
(Board of Selectmen)
6
FYTM 11/21/94
MOTION: MOVED BY MOTION UNDER ARTICLE 11
ACTION: ADOPTED TO INDEFINITELY POSTPONE.
16. GIFT OF PLAYGROUND/DRUMMER BOY PROPERTY
ARTICLE 16. To see if the Town will vote to accept the
gift of a privately funded children's playground from the Brewster
Playground Fund; to be sited, constructed, and used at. the Town-
owned land, referred to as the Drummer Boy property, located on
Route 6A, in West Brewster, or to take any other action relative
thereto.
(Citizen's Petition)
1
MOTION: I move that the Town vote to approve Article 16 as
printed in the warrant.
MOTION: AMENDMENT TO ARTICLE 16 I move that the Town vote to
accept the gift of a privately funded c•hildren's playground from
the Brewster Playground Fund. A site selection committee
representative of Town-wide interests - to be appointed by the
Moderator -will be asked to nominate three or more suitable sites,
one to be chosen by a subsequent Town !~1eeting.
ACTION ON AMENDMENT: DEFEATF..D
ACTION ON MAIN MOTION: ADOPTED I'ES 2i4 NO 253
17. MASTER PLAN/DRUMMER BOY PROPERTY
ARTICLE 17. To see if the Town will vote to amend Article
1 of the Special Town Meeting of 25 January 1988; to add: No
activity will be allowed on the Town owned property known as the
"Drummer Boy Grounds" until a Definitive Master Plan has been
developed to design, site and maintain the seventeen +/- acres in
its entirety; ensuring that no harm is done to the natural and
scenic qualities and the fragile wetlands, dunes and upland areas
and to protect and prevent. erosion and/or destruction of the
grasslands and to preserve critical habitats and the unparalleled
view of Cape Cod Bay from Route 6A.
The only exception to this will be a temporary granting, not to
exceed three fiscal years, by the Board of Selectmen of four
permits per season, at least t~ao weeks apart, for Town Fund Raisers
such as that of the Brewster Historical Society which benefits
accrue to other Town owned properties or are of an educational
nature and to the temporary seasonal permit (not to e~:ceed three
years) for the use of the bandstand presently at the site as long
as the area does not show erosive destruction from overuse.
All of the foregoing to be carried out by the Board of Selectmen
working with and acting on the recommendations of the Ad Hoc
Advisory Committee duly appointed to receive, review and recommend
action to the Board of Selectmen. The Board of Selectmen, acting
with its Advisory Committee, is charged ~~-ith the foregoing stated
objective and is to return such Definitive Master Plan no later
than the 1996 Annual Town Meeting, or to take any other action
relative thereto.
(Citi.zen's Petition)
MOTION: MOVED BY MOTION UNDER ARTICLF_. 14
ACTION: ADOPTED TO INDEFINITELY POSTPONE
7
FYTM 11/21/94
18. NAUSET HIGH SCHOOL DESIGN EXPENSE
ARTICLE 18. To see if the Town will vote to approve the
indebtedness to be authorized by the School Committee of the Nauset
Regional School District at the Special Town Meeting in the amount
of Five Hundred Fifty-Four Thousand Two Hundred and Fifty and
00/100 ($554,250.00) Dollars, for the purpose of preparing
architectural and engineering plans for remodeling, reconstructing
and making extraordinary repairs to the High School and for
construction, originally equipping and furnishing an addition
thereto, and to transfer from available funds a sum of money to pay
interest on the sums of money borrowed by the Nauset Regional
School District for this purpose, or to take an3• other action
relative thereto.
(Nauset Regional School Committee)
MOTION: I move that the Town vote to approve Article 18 as
printed in the warrant.
ACTION: ADOPTED
19. GOLF IMPROVEMENTS
ARTICLE 19. To see if the Town will vote to transfer from
the Golf Receipts Reserved for Appropriation Account the sum of
Seventy-One Thousand Four Hundred and 00/100 ($71,400.00) Dollars
for the purpose of purchasing, leasing and/or lease/purchasing the
following equipment, and for the purpose of obtaining the following
services to perform the following work:
A. Irrigation hfodernization Program $40,000.00
B. Parts and Mud Room 7,000.00
C. Deep Tine Aerification Unit Rental 4,400.00
D. Walk Behind Greens Mowers 20,000.00
Total $71,400.00
and to see if the Town will vote to authorize the Golf Commission
to solicit bids, enter into contracts, dispose of surplus property,
and expend said funds for these purposes, or to take any other
action relative thereto.
(Golf Commission)
MOTION: I move that the Town vote to approve Article 19 as
printed in the warrant and to transfer the sum of $71,400.00 from
the Golf Receipts Reserved for Appropriation Account for this
purpose.
ACTION: ADOPTED
20. SEPTIC SYSTEM/POLICE AND FIRE STATION
ARTICLE 20. To see if the Town will vote to transfer
from available funds the sum of Fifteen Thousand and 00/100
($15,000.00) Dollars to develop engineering plans, obtain permits
and install a replacement, septic system and/or leaching field for
the Police and Fire Station and to authorize the Police Chief to
solicit bids, enter into contracts, and expend said funds for these
purposes, or to take any other action relative thereto.
(Police Department)
8
FYTM 11/21/94
MOTION: I move that the Town vote to approve Article 20 as
printed in the warrant and to transfer the s,~m of $15,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED
21. REPAVEMENT OF PARKING FACILITIES
ARTICLE 21. To see if the Town will vote to transfer
from available funds the sum of Twenty-Four Thousand and 00/100
($24,000.00) Dollars to repave the parking facilities in and around
the Police, Fire, Council on Aging and Water Departments and to
authorize the Town Administrator t:o solicit bids, enter into
contracts and expend said funds for this purpose, or to take any
other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 21 as
printed in the warrant and to transfer the sum of $24,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
22. TOWN LANDINGS IMPROVEMENT PROJECT
ARTICLE 22. To see if the Town will vote to transfer from
available funds the sum of Twent~>-Two Hundred and 00/100
($2,200.00) Dollars to construct and install enclosures for the
porta-potty units at various Town Landings and to authorize the DPW
Superintendent to solicit bids, enter into contracts and e::pend
these funds for this purpose, or t,o take any other action relative
thereto.
(Department of Public Works)
MOTION: I move that the Town vote to approve Article 22 as
printed in the warrant and to transfer the st,m of $2,200.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
23. DRAINAGE PROJECTS
ARTICLE 23. To see if the Town will vote to authorize the
Department of Public Works to solicit bids, to enter into contracts
and expend these funds for the design and installation of
miscellaneous stormwater drainage systems and to transfer from
available funds the sum of Twelve Thousand and 00/100 ($12,000.00)
Dollars for these purposes, or to take any other action relative
thereto.
(Department. of Public Works)
MOTION: I move that the Toiti>n vote to approve Article 23 as
printed in the warrant and to transfer the sum of $12,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
24. DEPARTMENT OF PUBLIC WORKS EASEMENT
ARTICLE 24. To see if the Town will vote to authorize the
Board of Selectmen to accept an easement area being granted by the
owners of the property located at 450 Lower Road, said area is
defined on a plan prepared by R~>der & Wilcox, Inc. of Orleans, Ma. ,
which is essentially a 20' corridor along the easterly property
line, and will enable the Town to handle storm water along a
section of Lower Road, and furthermore to transfer from available
9
FYTM 11/21/94
funds the sum of Thirty-Seven Hundred and 00/100 ($3,700.00)
Dollars for the purposes of installing a drainage system within the
defined area, or to take any other action relative thereto.
(Department of Public ~4orks)
MOTION: I move that the Town vote to approve Article 24 as
printed in the warrant and to transfer the sum of $3,700.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
25. TOWN HALL BUILDING REPAIRS
ARTICLE 25. To see if the Town will vote to transfer
from available funds a sum of money to undertake a series of
repairs to the existing Town Offices Building and to authorize the
Town Administrator to solicit bids, enter into contracts and expend
said funds for this purpose, or to take any other action relative
thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 25 as
printed in the warrant and to transfer the szzm of $20,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
26. MEAL SITES REPAIRS
ARTICLE 26. To see if the Town will vote to transfer
from available funds the sum of Twenty-Five Hundred and 00/100
($2,500.00) Dollars to repaint the cafeteria at the Town Hall
Offices Building and to authorize the Town Administrator to solicit
bids, enter into contracts, and upend said funds for this purpose,
or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 26 as
printed in the warrant and to transfer the sum of $2,500.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
27. LADIES' LIBRARY ADDITION PROJECT
ARTICLE 27. To see if the Town will vote to approve the
proposal for the design and construction of an addition to the
existing Ladies' Library Building and to authorize the Board of
Selectmen and/or the Library Trustees to apply for, receive and
expend a grant or grants for this purpose, or to take any other
action relative thereto.
(Library Trustees)
MOTION: I move that the Town vote to approve Article 27 as
printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
28. VAN MAINTENANCE/COUNCIL ON AGING
ARTICLE 28. To see if the Town will vote to transfer
from available funds the sum of Two Thousand Eight Hundred and
Fifteen and 00/100 ($2,815.00) Dollars to help the Council on Aging
operate and maintain a small van for the purpose of providing
10
FYTM 11/21/94
transportation for medical appointments, said f~_inds to be
reimbursed through a grant from Elder Service of the Commonwealth
of Massachusetts, or to take any other action relative thereto.
(Council on Aging)
MOTION: I move that the Town vote to approve Article 28 as
printed in the warrant and to transfer the sum of $2,815.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
29. IRRIGATION SYSTEM/BASEBALL FIELD
ARTICLE 29. To see if the Town will vote to transfer from
available funds the sum of Four Thousand and 00/100 {.$4,000.00)
Dollars for the installation of a sub-surface irrigation system for
the baseball field, located behind the Police/Fire Station, located
off Main Street, and to authorize the Recreation Commission to
solicit bids, enter into contracts and e~;pend said funds for this
purpose, or to take any other action relation thereto.
(Recreation Commission)
MOTION: I move that the Toren vote to approve Article 29 as
printed in the warrant and to transfer the sum of X4,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
30. YOUTH HOCKEY PROGRAM EXPENSE
ARTICLE 30. To see if the Town will vote to transfer from
available funds the sum of Tcao Thousand and 00/100 ($2,000.00)
Dollars to pay for a portion of Brewster's expenses associated with
our participation in the Nauset Youth Hockey Program, held at the
~ thorize the Recreation
oore Arena in Orleans .fA and to au
Charles M ,
~ Commission to enter into a contract or contracts with Nauset Youth
Hockey in order to provide this service for residents of the Town
of Brewster, or to take any other action relative thereto.
(Recreation Commission)
MOTION: I move that the Town vote to approve Article 30 as
printed in the warrant and t.o transfer the sum of $2,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED
31. HANDICAPPED ACCESSIBLE PLATFORM PROJECT
ARTICLE 31. To see if the Town will vote to transfer
from available funds a sum of money to develop engineering plans,
obtain necessary permits, and construct a handicapped accessible
platform and related site improvements on the Town Landing, located
at Upper Mill Pond, and to authorize the Town Administrator to
solicit bids, enter into contracts, and upend said funds for this
purpose, or to take any other action relative thereto.
(Board of Selectmen/Conservation Commission/All
Citizen's Access Committee)
MOTION: I move that. the Town vote to approve Article 31 as
printed in the warrant, with the exception that the words "and
construct" in the third line be deleted and to further transfer the
sum of $1,500.00 from Article 10 of the October 15, 1990 Special
Town Meeting (Punkhorn Pier) for this purpose.
ACTION: ADOPTED
11
FYTM 11/21/94
32. BOAT RAMP REPAIR PROJECT
ARTICLE 32. To see if the Town will vote to authorize
the Board of Selectmen to repair the boat ramp, located at the
Paines Creek Beach Landing and to transfer from available funds the
sum of Nine Thousand and 00/100 ($9, 000.00 } Dollars, and to further
authorize the Town Administrator to solicit bids, enter into
contracts and to expend these funds for this purpose, or to take
any further action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 32 as
printed in the warrant and to transfer the sum of $9,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED
33. SHEEP POND FISHERMAN'S LANDING/DRAINAGE
ARTICLE 33. To see if the Town will vote to authorize
the Board of Selectmen to receive and expend money from the
Commonwealth of Massachusetts for public landing drainage
improvements at Sheep Pond Fisherman's Landing and to transfer from
available funds the sum of Fifteen Thousand and 00/100 ($15,000.00}
Dollars and to authorize the Town Administrator to solicit bids,
enter into contracts, and to expend these funds for this purpose,
or to take any other action relative thereto.
(.Board of Selectmen)
MOTION: I move that the Town vote to approve Article 33 as
printed in the Warrant and to transfer the sum of $15,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
34. TRI-TOWN SEPTAGE TREATMENT PLANT ENGINEERING
ARTICLE 34. To see if the Town will vote to transfer from
available funds the sum of One Hundred Thousand and 00/100
($100,000.00) Dollars to pay for the design engineering for plans
and specifications for impro~rements required at the Tri-Town
Septage Treatment Facility, located in Orleans, Massachusetts and
to authorize the Board of Managers to apply for, receive and expend
grants for this purpose, or to take any other action relative
thereto.
(Board of Managers)
MOTION: I move that the Town vote to approve Article 34 as
printed in the warrant and to transfer the sum of $100,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
35. SIGN CODE ENFORCEMENT EXPENSE
ARTICLE 35. To see if the Town will vote to transfer from
available funds the sum of Five Thousand and 00/100 ($5,000.00)
Dollars to finance wages and the expenses of a Sign Commissioner to
enforce the Sign Code in Town for a period of one year, or to take
any other action relative thereto.
(Old King's Highway Regional Historic District. Commission)
12
FYTM 11/21/94
MOTION: I move that the Town vote to approve Article 35 as
printed in the warrant and to transfer the sum of $5,000.00 from
Free Cash for this purpose.
ACTION: DEFEATED
36. RECISION OF LAND TRANSFER AUTHORITY
~ ARTICLE 36. To see if the Town will rote to rescind the
approval originally granted by Article No. 103 of the May 9, 1988
Annual Town Meeting to convey the following lots to the Brewster
Housing Authority:
Assessor's Map Lot
35 127
38 69
40 71
51 9-6
51 9-7
51 9-8
51 9-9
or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 36 as
printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
37. ACCEPTANCE OF MASSACHUSETTS GENERAL LAW
ARTICLE 37. To see if the Town will vote to accept the
provisions of Chapter 40, Section 15A of the Massachusetts General
Laws, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 37 as
printed in the warrant.
ACTION: ADOPTED
38. LAND ACQUISITION/BREWSTER HOUSING AUTHORITY
ARTICLE 38. To see if the Town will vote to transfer from
available funds a sum of money for the purchase of land currently
held by the FDIC located on Alden Road, and further identified as
Parcel No. 1, Lot No. 2 from Plan Book No. 456, Page No. 28, and
Parcel No. II from Plan Book 456, Page No. 28 identified as a forty
foot (40') private way, both recorded with the Barnstable County
Registry of Deeds in Book No. 5956, Page No. 350 and to authorize
the Board of Selectmen to expend said funds for this purpose and to
_ further authorize the Board of Selectmen to convey said real estate
to the Brewster Housing Authority for the sum of $1.00, for the
purpose of providing a location for elderly and/or congregate
housing, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 38 as
printed in the warrant and to transfer the sum of X104,500.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
13
FYTM 11/21/94
39. RECISION OF LAND TRANSFER AUTHORITY
AND SALE OF REAL ESTATE INTEREST
ARTICLE 39. To see if the Town will vote to rescind the
approval originally granted by Article No. 103 of the May 9, 1988
Annual Town Meeting to convey Parcel No. 127 of Map No. 35 of the
Board of Assessor's Maps to the Brewster Housing Authority and to
further authorize the Board of Selectmen to sell said parcel by
means of a public auction, with the condition that said land shall
include a permanent conservation restriction as generally outlined
under the Town of Brewster's Conservation Restriction Program,
originally adopted on October 3, 1989, and to authorize the Board
of Selectmen to solicit bids, enter into contracts and convey said
land, or to take any other action relative thereto.
(Citizen's Petition)
MOTION: I move that the Town vote to approve Article 39 as
printed in the warrant.
ACTION: DEFEATED YES 46 NO 225
40. STABILIZATION FUND
ARTICLE 40. To see if the Town will vote to add a sum of
money to the Stabilization Fund and to transfer from available
funds the sum of Four Hundred and Fifty- Thousand and 00/100
($450,000.00) Dollars for this purpose, or to take any other action
relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 40 as
printed in the warrant and to transfer the sum of $450,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
41. LINE ITEM CAPITAL IMPROVEMENTS BUDGET
ARTICLE 41. To see if the Town will vote to amend Section
12-25 of Article XI of Chapter 12 of the Code of The Town of
Brewster by adding a new sub-section D to create a capital
improvements budget article, reading as follows:
D. Submission to Town Meeting
1. The Board of Selectmen shall prepare and submit to
Town Meeting a single article in which all proposed
capital expenditures will be consolidated.
2. The article shall include a breakdown by department
and requested items, and shall summarize specific
expenses for each capital request,
or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 41 as
printed in the warrant, with the exception that the word "will" in
the third line of section D.1. shall be changed to "may".
ACTION: ADOPTED
14
FYTM 11/21/94
n
42. CONSENT CALENDAR GROUPING OF ARTICLES
ARTICLE -~2. To see if the Town will vote to adopt a new
bylaw, to be referred to as the Consent. Calendar Article, as
Section 48-9 of Article ~-II of Chapter ~8 of the Code of The Town
of Brewster, as follocas:
The Brewster Board of Selectmen and the Finance Committee
may present to Town Meeting, under Article 1, a consent
calendar article. This article will attempt to consolidate
various articles from the 'Town Meeting warrant into one single
consent calendar article. Sho~_rld an indi~ idual or individ~_rals
object t.o the said inclusion of anl- given article within the
consent calendar article, it caill not be considered, and will
be reviewed individually as originally presented on the posted
Town Meeting Warrant; otherwise, all. articles remaining in
Article 1 shall be moved together as a block. In the event
articles require different measures of vote for passage, those
articles requiring the same vote may be grouped together and
may be moved as separate blocks.
or to take an`° other action relative thereto.
(Board of Selectmen)
i~
i~
MOTION: I move that the Town vote to approve Article 42 as
printed i.n the warrant, with the e~iception that in the second
sentence of the proposed bylaw the words "under Article 1" be
deleted; and in the ninth line the words "Article 1" be deleted and
replaced with "the consent article".
ACTION: ;=1DOPTED UN.~NIMOUSLY
43. ANY OTHER BUSINESS
ARTICLE 43. To act on any other business that may legally
come before this meeting.
Iv10TI0N: I move that the Tocan vote to ad.jourr; this meeting.
ACTION : ADOPTED UNANIMOI?SL~'
MEETING ADJOURNED at 10:17 p.m.
A TRUE COPY ATTEST:
~Ut~ ~~
Joan K. Cole
Town Clerk
to