HomeMy Public PortalAbout2017-05-01-Special Town Mtg Warrant TOWN OF BREWSTER SPECIAL TOWN MEETING MAY 1, 2017
Barnstable, ss
To : Roland W. Bassett, Jr. Constable of the Town of Brewster
Greetings :
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and
inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet at the
Cafeteria at Stony Brook Elementary School, 384 Underpass Road, on Monday, May 1, 2017,
next, at 7 :05 p . m . o'clock in the evening, then and there to act upon the following articles :
UNPAID BILLS
ARTICLE NO , 1 : To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to an applicable statute or transfer from available funds for the payment, pursuant to
Chapter 44 Section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal
years, including any bills now on overdraft, or to take any other action relative thereto .
(Board of Selectmen ) ( Nine-tenth Vote Required )
Motion : Move that One Hundred Thirty Five Dollars ($ 135.00) be appropriated from Historic
Preservation Professional Services of the Community Preservation Committee (CPC) Fund to
pay the CPC unpaid bills from prior fiscal years; and Two Thousand One Hundred Twenty Nine
Dollars and Twenty Seven Cents ($2, 129.27) be transferred from Free Cash to pay the General
Fund unpaid bills from prior fiscal years:
Department Vendor Amount
a . Community Preservation Committee Eric Dray Consulting $ 135
Subtotal Community Preservation $ 135
y
b. Town Administrator Cape & Vine and $ 2, 129. 27
Electric Cooperative
Subtotal General Fund $2,129.27
Total All Funds $2,264.27
BUDGETARY TRANSFERS
ARTICLE NO. 2 : To see what sums the Town will vote to transfer into various line items of the
Fiscal Year 2017 General Fund operating budget from other line items of said budget and from
other available funds, or to take any other action relative thereto .
( Board of Selectmen ) ( Majority Vote Required )
Motion : Move that the amounts listed below be transferred between the various Fiscal Year
2017 funds, accounts, and expenditures as follows :
FROM TO AMOUNT
a Ambulance Receipts Reserved for Fire/Rescue Wages $70,000
Appropriation
b Water Receipts Reserved for Water Department $50, 000
Appropriation Expenses
c General Fund Free Cash Building Maintenance $3,000
Expense
Id I Accounting Wages Assessor Wages $5,400
le I Police Wages Police Expenses $ 10,000
If I General Fund Free Cash
Capital Projects Fund $363,000
LEASE OF TOWN PROPERTY/Monopole
ARTICLE NO. 3 : To see if the Town will vote to authorize the Town Administrator, acting under
the direction of the Board of Selectmen, to solicit bids and/or proposals and enter into long-
term contracts with Federally licensed telecommunications providers or telecommunications
companies, for terms not to exceed twenty (20) years, for the non-exclusive right to occupy and
lease the land under and/or adjacent to the monopole cell tower and related ground
equipment located at 23 Yankee Drive, Brewster MA, Water Department property; which may
include, but not be limited to : the non-exclusive right to attach and operate lawfully permitted
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equipment for the transmission and conveyance of radio and telecommunications signals, with
appurtenant footings, cables, and/or cabinets, or to take any other action relative thereto .
(Board of Selectmen ) ( Majority Vote Required )
Motion: Move to adopt as printed in the warrant.
COMMENT
The current Water Department site had a telecommunication antenna attached to the water
tank but that company has ceased operation . The Town Administrator and Water
Superintendent have been contacted by a telecommunication company that wishes to locate at
that site. Rather than locating an antenna on the Water Department tank, the
telecommunication company can utilize a monopole structure to locate an antenna to provide
service.
SPECIAL LEGISLATION /Special Room Occunancv Tax
ARTICLE NO. 4: To see if the Town will vote to authorize the Board of Selectmen to petition the
General Court for special Home Rule legislation authorizing imposition of a special room
occupancy tax as set forth below; provided however, that the General Court shall be authorized
to make ministerial, clerical, and editorial changes of form only to said bill, unless the Board of
Selectmen approves amendments to the bill before enactment by the General Court; and to
authorize the Board of Selectmen to approve such amendments as are within the public
purpose of this petition, or to take any other action relative thereto :
An Act Relative to a Special Room Occupancy Tax in the Town of Brewster
Section 1. Notwithstanding the provisions of section 3A of chapter 64G of the General Laws, or
of any other general or special law to the contrary, the town of Brewster may impose a special
room occupancy tax on any vacation or leisure accommodation including, but not limited to,
apartments, single or multi-family housing, cottages, condominiums and time share units, as
well as any other vacation or leisure accommodation not expressly taxed pursuant to the
provisions of said chapter 64G, at the rate of 6% of the total amount of the rate for each such
occupancy. Vacation or leisure accommodation is further defined to include only paid
occupancy for a period of ninety consecutive days or less, regardless of whether such use and
possession is as a lessee, tenant, guest or licensee, but excludes those accommodations
specifically exempted by section 2 of said chapter 64G .
Section 2. This act shall take effect upon its passage.
( Board of Selectmen ) ( Majority Vote Required )
Motion: Move to adopt as printed in the warrant.
COMMUNITY PRESERVATION ACT/Reallocation of Fund Balance and Budeetary Transfers
ARTICLE NO. 5 : To see what sums the Town will vote to transfer into various line items of the
Fiscal Year 2017 Community Preservation operating budget from other line items of said budget
and from other available funds, or to take any other action relative thereto.
(Community Preservation Committee) (Majority Vote Required )
Motion : Move that the amounts listed below be transferred between the various funds,
accounts, and expenditures as follows :
Item # From : To : Amount
1 Reserve Fund Balance — Reserve Fund Balance $300,000
Open Space Community Preservation
2 Reserve Fund Balance — Reserve Fund Balance $60,000
Housing Community Preservation
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3 Reserve Fund Balance — Reserve Fund Balance $60,000
Historical Community Preservation
4 Reserve Fund Balance — Community Preservation $313,453 1
Open Space 2017 Operating Budget —
Debt Service
5 Reserve Fund Balance — Community Preservation $5,400
Housing 2017 Operating Budget —
Professional Services Part
Time Housing Coordinator 1
Total $738,853
Further, to sunset professional services authorizations) at the close of the fiscal year and
transfer any unused balance to their respective fund balance(s);
And further, any revenues received in excess of the estimated receipts are transferred to their
respective reserve fund balance(s) for future appropriation using the allocation formula of 50%
Open Space, 10% Housing, and 10% Historical Preservation and 30% for Community
Preservation Reserve .
TOWN CODE AMENDMENT/Revolving Funds
ARTICLE NO. 6: To see if the Town will vote to amend the general by-laws by adding a new
section to establish and authorize revolving funds for use by certain Town Departments,
Boards, Committees, agencies or officers under Massachusetts General Laws Chapter 44,
Section 53E X. or take any other action relative thereto.
(Board of Selectmen) (Majority Vote Required)
Motion: Move to amend Chapter 21 of the Town Code by adding Article 3, Section 5,
Departmental Revolving Fund, as follows:
Departmental Revolving Funds
Purpose. This by-law establishes and authorizes revolving funds for use by Town Departments,
Boards, Committees, Agencies or Officers in connection with the operation of programs or
activities that generate fees, charges or other receipts to support all or some of the expenses of
those programs or activities. These revolving funds are established under and governed by
General Laws Chapter 44, Section 53E Y21
Expenditure Limitations. A Department or Agency head, Board, Committee or Officer may incur
liabilities against and spend monies from a revolving fund established and authorized by this
by-law without appropriation subject to the following limitations:
A. Fringe benefits of full-time employees whose salaries or wages are paid from the fund,
except for those employed as school bus drivers.
B. No liability shall be incurred in excess of the available balance of the fund.
C. The total amount spent during a fiscal year shall not exceed the amount authorized by
Town Meeting on or before July 1 of that fiscal year, or any increased amount of that
authorization that is later approved during that fiscal year by the Selectboard and
Finance Committee.
Interest. Interest earned on monies credited to a revolving fund established by this by-law shall
be credited to the general fund .
Revolving Fund Department, Fees, Program Restrictions or Other Fiscal Years
Board, charges or Activity Conditions on Requirements/
Committee, or Other Expenses Expenses Reports
Agency, or Receipts Payable Payable from
Officer Credited from Fund Fund
Authorized to Fund
to Spend
from Fund
Crosby Mansion Crosby Fees Pay for Expenses shall Provide a Fiscal Year
Mansion received Salaries, be related to Quarterly 2017 and
Property for Benefits, salaries and Status Report subsequent
Manager property Operating operations of of Revenue, years
and Expenses, the Crosby Expenditures,
cottage and Mansion and and overall
rentals, Contracted cottages and not operations to
tours and services used for any the Town
events other purposes Administrator
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Recreation Department Fees and Pay for Expenses shall Provide a Fiscal Year
Head - Charges Salaries, be related to Quarterly 2017 and
Recreation related to Benefits, salaries and Status Report subsequent
Seasonal Operating operations of of Revenue, years
Program, Expenses, providing Expenditures,
Yoga, and Recreational and overall
Youth Contracted Services and not operations to
Sports, Services used for any the Town
Adult other purposes. Administrator
Fitness,
Breakfast
with
Santa,
Tennis &
Special
Events
Telecommunications Department Fees and Pay for Expenses shall Provide a Fiscal Year
Head — charges Operating be related to Quarterly 2017 and
Information related to Expense operating, Status Report subsequent
Technology cell and maintaining, and of Revenue, years
towers Contracted improvement Expenditures,
Services telecommunicati and overall
ons in town operations to
departments the Town
Administrator
NAUSET REGIONAL HIGH SCHOOL FEASIBILITY STUDY
ARTICLE NO. 7: To see if the Town will approve One Million Three Hundred Thousand Dollars
($1,300,000) borrowing authorized by the Nauset Regional School District, for the purpose of
paying professional costs associated with conducting a Feasibility Study for the Nauset Regional
High School, located at 100 Cable Road, Eastham Massachusetts, including all costs incidental
and related thereto; and for which the District may be eligible for a school construction grant
from the Massachusetts School Building Authority; said , amount to be expended by the Nauset
Regional School Superintendent with the approval of the Nauset Regional School Committee,
The MSBA's grant program is non-entitlement, discretionary program based upon need, as
determined by the MSBA, and any Feasibility Study costs the District incurs in connection with
the feasibility study in excess of any grant approved by and received from the MSBA shall be
the sole responsibility of the District. Any grant that the District may receive from the MSBA for
the Feasibility Study shall be as set forth in the Feasibility Study Agreement. Further, provided
that said borrowing shall be contingent on the passage of a Proposition 2 % debt exclusion vote,
or to take any other action relative thereto .
(Regional School Committee) ( Majority Vote Required )
Motion: Move that the town hereby approves One Million Three Hundred Thousand Dollars
($1,300,000) borrowing authorized by the Nauset Regional School District, for the purpose of
paying costs to conduct a feasibility study, for the Nauset High School, located at 100 Cable
Road, Eastham Massachusetts, including all costs incidental and related thereto; and for which
the District may be eligible for a school construction grant from the Massachusetts School
Building Authority ( MSBA), said amount to be expended at the direction of the Nauset Regional
Schools Superintendent with the approval of the Nauset Regional School Committee; that the
Town acknowledges that the MSBA's grant program is a non-entitlement, discretionary
program based on need, as determined by the MSBA, and any feasibility study costs the District
incurs in excess of any grant approved by and received from the MSBA shall be the sole
responsibility of the District and its member municipalities; provided further that any grant that
District may receive from the MSBA for the feasibility study shall be as set forth in the Feasibly
Study Agreement that may be executed between the District and the MSBA. Provided that the
approval of the Districts borrowing by this vote shall be subject to and contingent upon an
affirmative vote of the Town to exempt it's allocable share of the amount required for the
payment of interest and principal on said borrowing from the limitation on taxes imposed by
MGL Chapter 59, Section 21c ( Proposition 2 '/ ); and that the amount of borrowing authorized
by the District shall be reduced by any grant amount set forth in the Feasibility Study
Agreement that may be executed between the District and the MSBA; and further, any
premium received by the district upon the sale of any bonds or notes approved by this vote,
less any premium applied to the payment of costs of issuance of such bonds or notes, may be
applied to reduce the member municipalities assessment payment of costs approved by this
vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the
amount authorized to be borrowed to pay such costs by a like amount.
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OTHER BUSINESS
ARTICLE NO. 8 : To act upon any other business that may legally come before this meeting; or
take any other action related thereto .
(Board of Selectmen ) (Majority Vote Required)
Motion: Motion to be provided at the Special Town Meeting.
And you are hereby directed to serve this Warrant with your doings thereon to the Town Clerk
at the time and place of said meeting as aforesaid .
Given under our hand and at of the Town of Brewster affixed this S a day of April 2017.
John 'Theodore Dickson, Chairman Peter G . Norton, Vice-Chairman
y i
J m s W. Foley, Clerk Cynthia A. Bi am
David C. Whitney
1, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I
served the Warrant for the Special Town Meeting of May 1, 2017 by posting attested copies
thereof, in the following locations in the Town on the It" day of April 2017.
Brewster Town Offices Cafe Alfresco
Brewster Ladies Library Brewster Pizza House
The Brewster General Store Millstone Liquors
U . S . Post Office
v
Roland W. Bassett, Jr. Constable
A TRUE COPY ATTEST:
11t0j, f.. l QQ,t'a '
TOWN CLERK
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