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HomeMy Public PortalAbout1995-11-20 Special Town Mtg ReportReport of the FALL YEARLY TOWN MEETING November 20, 1995 In accordance with the Warrant, the Fall Yearly Town Meeting was held in the Brewster Elementary School Cafetorium, Monday, November 20, 1995. The meeting was called to order at 7:07 p.m. by the Moderator, Stephen L. Doyle. The Tellers were Althea Alling, Jean Gage, June Gallant, Ruth Hanlon, Eleanor Nielsen, and William Nielsen. The Checkers were Germaine I. Cummins, Catherine Flahert~•, Elizabeth Hardy, Dorothy Leone, Sharon Morgan, Sherry Ryder, Beverly Smith, John Unger, and Mildred Unger. A quorum was present. The Fall Yearly Town Meeting Warrant with the return of the warrant was read by Town Clerk, Joan K. Cole. There being no objection, the Moderator dispensed with the reading of all the articles. 1. UNPAID BILLS ARTICLE 1. To see if the Town will vote to transfer from available funds the sum of Seventeen Hundred and One and 00/100 ($1,701.00) Dollars to pay unpaid bills from a previous fiscal ,year, as follows: a. Pamela S. Smith $ 29.00 b. W. B. Mason 25.00 c. Modern Marking Products, Inc. $.00 d. Cape Cod Hospital 199.00 e. Arlington Data Corporation 709.00 f. Intercity Alarms 330.00 g. Kirk Riker 300.00 h. Stone & Reid 69.00 i. Radio Shack 69.00 Total $1,701.00 or to take any other action relati~-e thereto. (Nine-Tenths Vote Required) (Board of Selectmen) MOTION: I move that the Town vote to approve Article 1 as printed in the warrant and to transfer the s~im of $1,701.00 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 the sum of Twenty-One Thousand Two Hundred and Seventy- One and 00/100 ($21,271.00) Dollars 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 1996 Budget of other departments, as follows: 1. Transfer the sum of $6,271.00 from the Golf Receipts Reserved for Appropriation Account to Line Item 5, (Finance Committee Reserve Fund), of Article 3 of the 1995 Annual Town Meeting, 2. Transfer the sum of $5,000.00 from Line Item 52 of Article 3 of the May 1, 1995 Annual Town Meeting, (Liability Insurance) to Line Item 27 of Article 3 1 FYTM 11/20/95 of the 1995 Annual Town Meeting (Building Department Wages), 3. Transfer the sum of $8,500.00 from Line Item 8 of Article 3 of the 1995 Annual Town Meeting (Assessor's Wages) to Line Item 8 of Article 3 of the 1995 Annual Town Meeting (Assessor's Expenses), or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the Town vote to approve Article 2 as printed in the warrant and to transfer the total sum of $19,771.00 from various available funds for these purposes. ACTION: ADOPTED UNANIMOUSLY 3. GIFT/DRUMMER BOY PROPERTY ARTICLE 3. To see if the Town will vote to accept the gift of a tree and a bench from the Brewster Garden Club to be located at the Drummer Boy property and to authorize the Board of Selectmen to locate these gifts on said property, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the Town vote to approve Article 3 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY 4. GOLF COURSE EXPANSION ARTICLE 4. To see if the Town will vote to transfer from available funds the sum of Eighty Thousand and 00/100 ($80,000.00) Dollars to develop preliminary design plans for up to an eighteen (18) hole expansion to the current golf course; and for possible renovations to the existing Captains' Golf Course; and for any and all other associated costs and services relative to this project, and to authorize the Board of Selectmen to solicit bids and/or proposals, enter into contracts and expend said funds for this project, or to take any other action relative thereto. (Majority Vote Required) (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 $80,000.00 from Free Cash for this purpose. ACTION: ADOPTED 5. BALLOT QUESTION/APPOINTED BOARD OF ASSESSORS ARTICLE 5. To see if the Town will vote to authorize the Board of Selectmen to place the following question on the next official annual election ballot: Shall the Town vote to have its Selectmen appoint the Board of Assessors? Yes No or to take any other action relative thereto. (Majority Vote Required) (Board of Assessors) 2 FYTM 11/20/95 ~i MOTION: I move that the Town vote to approve Article 5 as printed in the warrant. ACTION: ADOPTED 6. CAPITAL PLANNING COMMITTEE BYLAW AMENDMENT ARTICLE 6. To see if the Town will vote to amend Article No. XI of Chapter No. 12 of the Code of the Town of Brewster (Capital Planning Committee), as follows: 1. Amend Section C.(1) to change the due date for the Capital Planning Committee's Report for submittal to the Board of Selectmen from December 15th to January 15th. 2. Add a new Section C.(3) - Late Filing of Capital Project Request. (3) Should a board, committee or department fail to submit a capital project request by October 1, they will be required to secure a waiver from the Board of Selectmen prior to seeking funding from Town Meeting. 1 or to take any other action relative thereto. (Majority Vote Required) (Capital Planning Committee) MOTION: I move that the Town vote to approve Article 6 as printed in the warrant. ACTION: ADOPTED 7. BUILDING AND NEEDS ASSESSMENT COMMITTEE ARTICLE 7. To see if the Town will vote to add the following provision as Chapter 12, Article XV, Section 12-37 of the Code of the Town of Brewster: A. The Board of Selectmen shall appoint a five (5) member Building and Needs Assessment Committee to make recommendations about the locations of buildings and/or needs of the Town. B. The Board of Selectmen shall appoint one (1) member for one (1) year, two (2) members for two (2) years, and two (2) members for three (3) years. Thereafter, appointments, except, to complete unexpired terms, shall be made for three (3) years. The Board of Selectmen may also appoint as many as two (2) employees working in a Town building which is the subject of a building project to serve as ex-officio members of this Committee. 1 C. The Building and Needs Assessment Committee shall serve as the Building Committee for all Town building projects not having a separately established Building Committee; however, the Building and Needs Assessment Committee shall not serve as the Building Committee for a schoolhouse project unless at least one of its members is either a member of the School Committee or a designee of the School Committee; or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) 3 FYTM 11/20/95 MOTION: I move that the Town vote to approve Article 7 as printed in the warrant ACTION: ADOPTED UNANIMOUSLY 8. ZONING BYLAW AMENDMENT. ARTICLE 8. To see if the Town will vote to amend the definition of "Lodging House" in the Brewster Zoning Code, Section 179-2 B, by repealing the present definition and by substituting therefor the following: LODGING HOUSE - A structure originally designed for single-family use which may be converted to provide lodging for the use of more than three (3) individuals (not more than twelve [12] rooms) not living as a single housekeeping unit. A common dining facility may be provided. Lodging House sriall include boarding house, tourist home, rooming house and "Bed and Breakfast", but not motel or hotel. or to take any other action relative thereto. (Two-Thirds Vote Required) (Building Commissioner) MOTION: I move that the Town vote to indefinitely postpone consideration of Articles 8, 9, and 10. ACTION: ADOPTED TO INDEFINITELY POSTPONE 9. ZONING BYLAW AMENDMENT ARTICLE 9. To see if the Town will vote to amend the Brewster Zoning Code, Article VI, Signs, Section 179-20--Signs permitted in residential districts, by inserting after (G) of that section, the following: H. One Subdivision Identification Sign for a subdivision, by permit, not to exceed six (6) square feet. or to take any other action relative thereto. (Two-Thirds Vote Required) (Building Commissioner) MOTION: Moved under Article 8 ACTION: ADOPTED TO INDEFINITELY POSTPONE 10. ZONING BYLAW AMENDMENT ARTICLE 10. To see if the Town will vote to amend the Brewster Zoning Code, Article VIII, Nonconforming Uses, Structures and Lots, Section 179-26--Residential Lots of Record, (A), so that the paragraph reads as follows: "One (1) single-family dwelling may be erected on any lot, regardless of a common ownership with that of adjoining land located in the same residential district which, as of May 7, 1973, contained at least fifteen thousand (15,000) square feet and had a minimum frontage of one hundred (100) feet and complied with the rules and regulations of the Planning Board, if any, in effect at the 1 1 4 FYTM 11/20/95 time of endorsement and provided, further, that the proposed structure is to be located on such lot so as to conform to the minimum requirements of front, rear and side setbacks in effect at the time of endorsement, and to all other requirements for such structures in effect at the time of building." J or to take any other action relative thereto. (Two-Thirds Vote Required) (Building Commissioner) MOTION: Moved under Article 8 ACTION: ADOPTED TO INDEFINITELY POSTPONE 11. BYLAW RECISION ARTICLE 11. To see if the Town will vote to rescind the following provisions of the Code of the Town of Brewster: 1. Punkhorn Parklands Coordinating Committee, Article XII of Chapter 12, 2. Septic Upgrade Betterment. Reserved for Appropriations Account Committee, Article XIII of Chapter 12, 3. Capital Acquisitions, Article III of Chapter 21, 4. Dredging of Tidal Waters, Article I of Chapter 89. or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen} MOTION: I move that the Town vote to approve Article 11 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY 12. BYLAW AMENDMENT ARTICLE 12. To see if the Town will vote to amend Chapter 155 of the Code of the Town of Brewster (Streetlight Regulations) by deleting the two references in Section 155-1 and the one reference in Section 155-2 to "Streetlighting Committee" and by substituting in those three instances the term "Police Chief", or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve Article 12 as printed in the warrant. ACTION: ADOPTED 13. BUSINESS CERTIFICATES. ARTICLE 13. To see if the Town will vote to amend the Code of the Town of Brewster by adopting the following bylaw as Chapter 74, Registration of Business: 5 FYTM 11/20/95 All businesses located in the Town of Brewster must register with the Town Clerk. or to take any other action relative thereto. (Majority Vote Required} (Town Clerk) MOTION: I move that the Town vote to approve Article 13 as printed in the warrant. MOTION: I move that the Town vote to indefinitely postponed Article 13. ACTION: ADOPTED TO INDEFINITELY POSTPONE 14. DEVELOPMENT PLAN REVIEW BYLAW AMENDMENT ARTICLE 14. To see if the Town will vote to amend Chapter 83 of the Code of the Town of Brewster, "Development Plan Review" as follows: To modify Article III, "Development Standards", Section 83-8, "Environmental protection requirements.", Part D, "Plants and animals.", so that section will read as follows (significant additions underlined): D. Plants and animals. Location and design shall not cause avoidable damage to wildlife habitats, forests or corridors or to any plant or animal species listed as rare, endangered, watch list or of special concern by the Massachusetts Natural Heritage Program or to any tree exceeding twelve 12 inches in trunk diameter at a height of four and one-half (4 1/2) feet above grade. Specimen plants and trees shall be preserved or relocated when possible. Applicants shall be required to submit signed documentation from the Conservation Commission or its agent, that the pro.~ect has been reviewed by the Conservation Commission with respect to these considerations. The Conservation Commission or its agent may determine that the proposed site either contains no such habitats or species, or that all feasible efforts to avoid, minimize or compensate for damage have been reflected in the proposal. The Conservation Commission or its agent maY refer the pro.7ect to the Massachusetts Natural Heritage Program for further review or comment If additional review of wildlife habitats. forests and/or corridors is determined to be necessary by the Plan Review Committee, the Committee shall be guided b~ the standards outlined in the_most current EIR CCC Plant and Wildlife Habitat Guide Technical__Bulletin. To insert the underlined words as "Part F" and "Part G", in the Article III, "Development Standards", Section 83-8, "Environmental protection requirements.", Part E, "Hazardous Materials.", after item (2), so that section will read as follows: F. Water quality and usage. ~1~ If a project lies within a zone of contribution, a cumulative nitrogen loading calculation shall be submitted to the Plan Review Committee, and review by the Water Quality Review Board_.shall be required. ~2~ Applicants of ~ro.jects that do not encroach upon the Groundwater Protection District maS be required to submit ve nitrogen loading calculation in accordance ti a cumula _ _ with the standards outlined in the most current EIR CCC Nitro en Loadin_g_Calculat_ion Technical Bulletin. ~_ Applicants- proposing to use in excess of 5,000 i ~allons__of_.__water per day__shall provide the Plan Review 6 FYTM 11/20/95 Committee with an estimate of the pro'ject's daily water usage and the proposed water source. The applicant may be required to submit .a__k_ater_conservation plan. G. Op_e_n space.__The_.___term _.o_pen__space__as__~~lied in this section_shal_1_ refer.._to_land__set_aside which is restricted for__cons_ervation.,_ a~ri.cult_ure_or recreation. Open space I may_____inc_lude___ wo_odlands1______pasturei landsca ed -yards i. ardens~_or pla~~_areass wal_kin~_ and___ridin~_trails, but shall- eot_include_structures_L buildings, tennis courts_1_ swimmin ~oo_ls~__or surfaces used__for parkin or stora e,_ ~ Pro,i_ects_on _lots___in excess of____two__(_2)__acres or alterin ', more than twenty-five__per ce_nt__~25%_j_of the___~ro.ject's lot ', area-- shall__subm_it a _calculat.ion_ in_ accordance with t_he most c_urrent___EIR._CCC _Calcu_lat_ion_fo_r__Open S~a_ce Technical Bul_letn_._Multi_-famil_~re.sidential_pro1jects are expected _ - t_o__set___aside_the___e.g.ui~~alent_ of six.t5-___per cent_~60% of the__total_._1ot__area._for_o_pen.__s~.ace_. ___ Commercial projects are ---expected to__set__.aside_ the- __e_yuivalent_of forty der cent_~40%~_of., the__total lot -are for- ~en__ space. The Plan Review_C_omm_it_tee_may regu_ire t_hat___the_ appl icant provide more- open space _ n___order__to mitigate the project's i~act To insert the underlined words in the Article III, "Development Standards", Section 83-9, "Other design requirements.", Part B, "Lighting.", after item (4), so that section will read as follows: (5.) When the Conservation- Commission determines that lighting as proposed _b~_ an --applicant may have a detrimental-- effect___on__~lants~_wildlife, or a wildlife habitat or corridor, the Plan Review Committee may impose more stringent restrictions or re.quir_e__ further mit~at_ion. To repeal the present Article III, "Development Standards", Section 83-9, "Other design requirements.", after Part D, "Historic and Archaeologic resources.", and to add the following as new parts D and E D. Historic and Archaeologic Resources. Historic and archaeologic resources shall not be impaired, damaged, or altered by any proposed activity. An agent of the Plan _Rev_i_ew_.._Committee shall provide written determination if a Massachusetts Historic Commission notifica_t,ion_ form ".Appendix A" needs to be filed with the State. A determination of non- si nificance_may_be made__at the local level for certain types, of__project.s_._after an_on_-site__i_ns_~c_tion bi° an agent of the Plan Review Committee is made. E. Noise. Where exterior noise levels after construction are effected to__e~ceed 100 ..decibels at_the source f_or more than fifteen minutes, at___a tim~____continuall~ on a regular or s~orad_ic basis_,_the__ applicant shall_be re~cuired_._to___sh_ow_the__Plan_._.Reyiew Committee_the means by which_thi_s_mpac.t_._shall be miti ated.__The Committee shall have _ the _authorit~_ to___ requ_i_re_____~reater de rees of mit~ation if the_Plan_ Review Committee___is not satisfied that the resultant noise level will have a minimal effect on_surroundin _nei~hborhoods_or wildlife habitats. or to take any other action relative thereto. (Majority Vote Required) (Development Plan Review Com.) MOTION:. I move that the Town vote to approve Article 14 as printed in the warrant. ACTION: ADOPTED FYTM 11/20/95 15. RECISION/ENVIRONMENTAL IMPACT REVIEW BYLAW ARTICLE 15. To see if the Town will vote to rescind the Environmental Impact Review Bylaw, which is referenced as Chapter 91 of the Code of the Town of Brewster, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the Town vote to approve Article 15 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY 16. SEPTIC SYSTEM/BREWSTER ELEMENTARY SCHOOL ARTICLE 16. To see if the Town will vote to amend Article No. 1 of the October 3, 1994 Special Town Meeting (New Elementary School Construction) to allow for a portion of those funds to be utilized to pay for expenses relative to the design, repair and construction of the septic system for the existing Brewster Elementary School, and further, to see whether such sum shall be raised, in whole or in part, by a transfer from available fonds, or to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow the sum of One Hundred and Twenty Thousand and 00/100 ($120,000.00) Dollars under and pursuant to Chapter 44 of the General Laws, and/or any other enabling authority, and to issue bonds or notes of the Town, therefor; to raise and appropriate and/or transfer from available funds an additional sum of money for the purpose of paying for the preparation, issuance and marketing of bonds and notes issued hereunder and for paying interest on temporary notes issued in anticipation thereof, or to take any other action relative thereto. (Two-Thirds Vote Required) (Elementary School Building Committee) MOTION: I move that the vote under Article 1 of the warrant for the October 3, 1994 Special Town Meeting (New Elementary School Construction) be hereby amended so as to provide that the additional sum of $120,000.00 be hereby appropriated for costs incidental and related to the New Elementary School Project financed under that vote, including expenses related to the design, repair, and construction of the septic. system for the existing Brewster Elementary School as necessary in connection with the construction of the new elementary school, and that to raise this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow the sum of $120,000.00 under and pursuant to Chapter 44, Section 7, of the General Laws, or any other enabling authority, which may include Chapter 645 of the Acts of 1948, and to issue bonds or notes of the Town therefor. ACTION: ADOPTED YES 383 NO 28 17. CAPITAL EXPENDITURES ARTICLE 17. To see if the Town will vote to transfer from available funds the sum of Four Hundred and Ninety-Five Thousand Two Hundred and Thirty-Five and 00/100 ($495,235.00) Dollars for the purpose of funding certain capital expenditures to be undertaken during Fiscal Year 1996 and to authorize the Town Administrator in the best interests of the Town, (a) to sell, trade, lease, exchange or otherwise dispose of old equipment or vehicles deemed available and (b) to apply the credits or proceeds from such dispositions to the cost of acquiring said equipment or service, as the case may be: 1 1 1 8 FYTM 11/20/95 Funding FY1996 Capital Expenditures Budr~et Department 1. Board of Selectmen a. Drummer Boy Archeological Services b. Town Offices Repair and Maintenance c. Computer System Professional Services 2. Board of Health a. Computer Hardware and Software 1 3. Department of Public Worl~s a. One-Ton Dump Truck b. Roadway Layout Plan/Run Hill Road c. Roadway Layout Plan/Great Fields Road d. Roadway Layout Plan/Airline Road e. Front-End Loader Repair f. Landfill Environmental Monitoring g. Metal Fabrication Tool h. Town Landing Porta-John Enclosures 4. Fire Department a. Design Services/Fire Station b. Ambulance Maintenance c. Hazardous Materials Expense d. Regional Spec. Hazardous Teams Expense e. Forestry Equipment. Account 5. HDC/Board of Appeals a. Computer Hardware and Software 6. Town Clerk a. Microfilming 7. Golf Department a. Irrigation System Lease b. Bedknife and Reel Grinder Equipment c. Pickup Truck, 4 x 4, with Snow Plow Equipment 8. Water Department a. Paving Breaking Equipment b. Trash Pump/450 GPM 9. Board of Assessors a. Mapping Services 10. Shellfish Department a. Heating System Repairs TOTAL Transfer From Available Funds $ 7,500.00 50,000.00 30,000.00 2,600.00 35,000.00 7,500.UU 2,500.00 10,500.OU 7,500.00 8,000.00 2,200.00 1,000.00 25,000.00 5,000.00 2,000.00 3,000.00 1,415.00 3,000.00 30,000.00 49,000.00 32,000.00 25,000.00 2,220.00 2,300.OU 150,000.00 1000.00 $495,235.00 or to take any other action relative thereto. (Majority Vote Required) 1 (Board of Selectmen) MOTION: I move that the Town vote to approve Article 17 as printed in the warrant and to appropriate the total sum of $495,235.00 for this purpose and in order to finance tYris article that the sum of $379,715.00 be transferred from Free Cash; the sum of $101,000.00 be transferred from Golf Receipts Reserved for Appropriation Account; the sum of $10,000.00 be transferred from the Ambulance Receipts Reserved for•Appropriation Account; and that the sum of $4,520.00 be transferred from the Water Department Receipts Account. MOTION: I move that the Town vote to amend Article No. 17 Capital Expenditures item No. 3(b) Roadway layout plan for Run hill Road in the amount of $7,500.00 to Indefinitely Postpone consideration of 9 FYTM 11/20/95 funding until the 1996 Annual Town Meeting to explore alternative solutions with the Planning Board and other Town Officials. ACTION ON AMENDMENT: ADOPTED MOTION: I move that Article 17 be amended by deleting Section 3, Subsection c, entitled "Roadway Layout Plan/Great Fields Road", under the Department of Public Works. ACTION ON AMENDMENT: ADOPTED AMENDED MAIN MOTION: I move that the Town vote to approve Article 17 as amended and to appropriate the total sum of $485,235.00 for this purpose and in order to finance this article that the sum of $369,715.00 be transferred from Free Cash; the sum of $101,000.00 be transferred from Golf Receipts Reserved for Appropriation Account; the sum of $10,000.00 be transferred from the Ambulance Receipts Reserved for Appropriation Account; and that the sum of $4,520.00 be transferred from the Water Department Receipts Account. ACTION ON AMENDED MAIN MOTION: ADOPTED 18. TRI-TOWN SEPTAGE TREATMENT PLANT GRANT PROGRAM ARTICLE 18. To see if the Town will vote to transfer from available funds the sum of Fifty-Three Thousand One Hundred and Sixteen and 00/100 ($53,116.00) Dollars for the purpose of funding the Town's share of the local match required under the terms and conditions of an amendment to the existing grant agreement with the U. S. Environmental Protection Agency and Massachusetts Department of Environmental Protection for the design and construction of the septage treatment facility. The amendment to the grant agreement will provide for an increase in funding to undertake certain improvements to the existing facility necessary to bring the facility into compliance with the provisions of its Groundwater Discharge Permit. Any funds appropriated under the provisions of Article 34 of the Fall Yearly Town Meeting, November 21, 1994 for the purpose of design engineering for plans and specifications for improvements required at the Tri-Town Septage Treatment Facility, or to take any other action relative thereto. (Majority Vote Required) (Board of Managers and Board of Selectmen) MOTION: I move that the Town vote to approve Article 18 as printed in the warrant, with an amendment to add in Line 12 after the words "any funds appropriated", the following language: "hereunder shall be in addition to the funds appropriated". and to transfer the sum of $53,116.00 from Free Cash for this purpose. ACTION: ADOPTED UNANIMOUSLY 19. LEASE/BREWSTER WHITECAPS. ARTICLE 19. To see if the Town will vote to authorize the Board of Selectmen to negotiate and to enter an agreement with Brewster Baseball Club, Inc. to lease, with possible options to renew, the Commerce Park area designated as approximately twenty (20) acres within Map No. 46, Parcel No. 41 for a period not exceeding thirty years, to authorize the expenditure, over time and on a matching basis with Brewster Baseball Club, Inc., of as much as One Hundred and Fifty Thousand and 00/100 ($150,000.00) Dollars for the construction and operation of recreational fields and related facilities at the leased premises, and to authorize an agreement for shared use of the fields and facilities, and to transfer from available funds the sum of Fifty Thousand and 00/100 1 10 FYTM 11/20/95 ($50,000.00) Dollars for expenditure by the Selectmen for these purposes, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the Town vote to approve Article 19 as printed in the warrant and to transfer the sum of $50,000.00 from Free Cash for this purpose. ACTION: ADOPTED 20. REAPPROPRIATION OF TITLE V BETTERMENT ASSESSMENTS ARTICLE 20. To see if the Towri will vote to accept the condition of a grant from the Department of Environmental Protection pursuant to 310 C:~iR 14.OU that requires that all monies, repaid to the Town as betterment assessments pixrstiant. to M.G.L. Chapter 80, M.G.L. Chapter 111, Section 127B 1/2 and 310 CMR 14.00 for the repair and replacement of failed on-site sewage systems, be reappropriated for similar purposes, or the Town shall be required to repay all such monies to the Commonwealth of Massachusetts, or to take any other action relative thereto. (Majority Vote Required) (Board of Health) MOTION:, I move that the Town vote to approve Article 20 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY 21. CHAPTER 90 ROAD MAINTENANCE FUNDING ARTICLE 21. To see if the Town will vote to appropriate through available funds the sum of Two Hundred and Seventeen Thousand Nine Hundred and Fifty-Five and 00/100 ($217,955.00) Dollars pursuant to Chapter 85 of the Acts of 1994, as provided under the Chapter 90 local road and highway money from the 1994-1995 Transportation Bond Bill, said funds shall be expended to repair and resurface certain Town roads and their appurtenances under the direction of the Board of Selectmen, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the Town vote to approve Article 21 as printed in the warrant. ACTION• ADOPTED 22. COMMUNICATIONS TOWER/FIRE/RESCUE/POLICE FACILITY ~ ARTICLE 22. To see if the Town will vote to authorize the Police Chief to enter into a lease agreement in excess of three (3) years, but not exceeding twenty (20) years, for the purpose of leasing space on the communications tower at the Police and Fire Station on Route 6A, or to take an`° other action relative thereto. (Majority Vote Required) (Police Department) MOTION: I move that the Town vote to approve Article 22 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY 11 FYTM 11/20/95 23. EASEMENT/LIBRARY PROPERTY ARTICLE 23. To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase, or by eminent domain, from the owners, a general easement along the westerly boundary line of Parcel No. 6 of Map No. 25 of the Board of Assessor's Maps, or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Selectmen and Library Trustees) MOTION: I move that the Town vote to approve Article 23 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY 24. PURCHASE OF LAND. ARTICLE 24. To see if the Town will vote to transfer from available funds the sum of Forty-Five Thousand and 00/100 ($45,000.00) Dollars for the acquisition by gift and/or for the purchase of land, and/or for the taking by eminent domain, of land for municipal purposes, said land is located on Freeman's Way, identified as Parcel Nos. 30-2 and 30-1 of Map No. 52 of the Board of Assessor's Maps, and to authorize the Board of Selectmen to purchase said property or to acquire it by gift or by eminent domain and to expend said funds for this purpose, or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Selectmen) MOTION: I move that the Town vote to approve Article 24 as printed in the warrant and to transfer the sum of $45,000.00 from Free Cash for this purpose. ACTION: ADOPTED UNANIMOUSLY 25. ABANDONMENT OF PUBLIC WAY LAYOUT ARTICLE 25. To see if the Town will vote to abandon the public way layout for that portion of Robbins Hill Road which runs easterly from Paines Creek Road approximately one thousand (1000) feet, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the Town vote to indefinitely postpone consideration of Article 25. ACTION• ADOPTED 26. WATER BETTERMENT LAKE SHORE DRIVE AND BLACKBERRY LANE ARTICLE 26. To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, by purchase, or by eminent domain all water easement rights needed to install a water main with eight (8") inch pipe approximately 1,200 feet along a portion of Lake Shore Drive from Sumner Lane to Blackberry Lane in the Town of Brewster; to authorize the Board of Water Commissioners to extend this water main in this fashion after the Water Commissioners have determined that the requirements of the Brewster Water Betterment Assessment Program have been satisfied; to raise and appropriate and/or transfer from available funds a sum of money to defray the initial costs of this project; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow the sum of Thirty-Three Thousand and 00/100 ($33,000.00) Dollars under and pursuant to Massachusetts General Laws Chapter 44, f] 1 12 FYTM 11/20/95 J '~~ ~i~ Section 8 and any other enabling authority and to issue notes and bonds of the Town therefor in order to finance the total cost of acquisition, engineering, construction, reconstruction, and any related and incidental expenses; to raise and appropriate and/or transfer from available funds a sum of money for the purpose of paying interest on the notes issued iri anticipation thereof, and to raise and appropriate and/or transfer from available funds raised through the betterment assessment. of abutting landowners the Town's costs and expenses for this project, or to take any other action relative thereto. (Two-Thirds Vote Required) (Water Commissioners) MOTION: I move that the Town vote to approve Article 26 as printed in the warrant and to transfer the si~m of $33,000.00 from the Water Betterments Receipts Reserved for Appropriations Account. for this pLrrpose. ACTION: ADOPTED UNANIMOUSLY 27. WATER BETTERMENT PINE OAK DRIVE AND BETTY'S LANE ARTICLE 27. To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, by purchase, or by eminent domain all water easement rights needed to install a water main with eight (8") inch pipe approximately 1,000 feet from Crowell' s Bog Road along Pirie Oak Drive and Betty' s Lane in the Town of Brewster; to authorize the Board of Water Commissioners to extend this water main iri this fashion after the Water Commissioners have determined that the requirements of the Brewster Water Betterment Assessment Program have been satisfied; to raise and appropriate and/or transfer from available funds a sum of money to defray the initial costs of this project; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow the sum of Twenty-Eight Thousand and 00/100 ($28,000.00) Dollars tinder and pursuant to Massachusetts General Laws Chapter 44, Section 8 and any other enabling authority and to issue notes and bonds of the Town therefor in order to finance the total cost of acquisition, engineering, construction, reconstruction, and any related and incidental expenses; to raise and appropriate and/or transfer from available funds a sum of money for the purpose of paying interest on the notes issued in anticipation thereof, and to raise and appropriate and/or transfer from available funds raised through the betterment assessment of abutting landowners the Town's costs and expenses for this project, or to take any other action relative thereto. (Two-Thirds Vota Required) (w'ater Commissioners) MOTION: I move that the Town vote to approve Article 27 as printed in the warrant and to transfer the sum of $28,000.00 from the Water Betterments Receipts Reserved for Appropriations Account for this purpose. ACTION: ADOPTED UNANIMOUSLY 28. WATER BETTERMENT POND VIEW DRIVE AND QUARTERMASTER DRIVE ARTICLE 28. To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, by purchase, or by eminent domain all water easement rights needed to install a water main with eight (8") inch pipe approximately 1,100 feet along a portion of Pond View Drive and Quartermaster Drive in the Town of Brewster; to authorize the Board of Water Commissioners to extend this water main iri this fashion after the Water Commissioners have determined that the requirements of the Brewster Water Betterment Assessment Program have been satisfied; to raise and appropriate and/or transfer from available funds a sum of money to defray the 13 FYTM 11/20/95 initial costs of this project; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow the sum of Thirty-One Thousand Three Hundred and Seventy and 00/100 ($31,370.00) Dollars under and pursuant to Massachusetts General Laws Chapter 44, Section 8 and any other enabling authority and to issue notes and bonds of the Town therefor in order to finance the total cost of acquisition, engineering, construction, reconstruction, and any related and incidental expenses; to raise and appropriate and/or transfer from available funds a sum of money for the purpose of paying interest on the notes issued in anticipation thereof, and to raise and appropriate and/or transfer from available funds raised through the betterment assessment of abutting landowners the Town's costs and expenses for this project, or to take any other action relative thereto. (.Two-Thirds Vote Required) (Water Commissioners) MOTION: I move that the Town vote to indefinitely postpone consideration of Article 28. ACTION: ADOPTED UNANIMOUSLY 29. STABILIZATION FUND ARTICLE 29. 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 Six Hundred Thousand and 00/100 ($600,000.00) Dollars for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the Town vote to approve Article 29 as printed in the warrant and to transfer the sum of $600,000.00 from Free Cash for this purpose. ACTION: ADOPTED UNANIMOUSLY 30. ANY OTHER BUSINESS ARTICLE 30. To act on any other business that may legally come before this meeting. MOTION: I move that this meeting be adjourned. ACTION: ADOPTED UNANIMOUSLY MEETING ADJOURNED at 9:58 p.m. A TRUE COPY ATTEST: Joan K. Cole Town Clerk 1 ~ ~ 14