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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 Page 1 of 25 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 Page 2 of 25 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 Page 3 of 25 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. Page 4 of 25 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 Page 5 of 25