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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