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HomeMy Public PortalAbout2010-11-15-Special Town Mtg Warrant 1 TOWN OF BREWSTER SPECIAL TOWN MEETING NOVEMBER 15, 2010 Barnstable, ss To: Roland W. Bassett 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 Stony Brook Elementary School Cafetorium on Monday, November 15, 2010 next, at 7:00 p.m. o’clock in the evening, then and there to act upon the following articles: UNPAID BILLS ARTICLE NO. 1: To see if the Town will vote to transfer from available funds a sum of money to pay the following bills incurred but unpaid during a previous fiscal year, a. Jennings Printing $2,445.00 b. R.E. Lyons & Son $260.00 c. Brewster Police Department $190.00 d. Advanced Imaging Technologies, Inc. $341.00 Total $3,236.00 or to take any other action relative thereto. (Nine-Tenths Vote Required) (Board of Selectmen) BUDGETARY TRANSFERS ARTICLE NO. 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 to pay shortfalls that would otherwise exist in the Fiscal Year 2011 Budget of other departments, as follows: a) Transfer the sum of $5,000.00 from Free Cash to line item no. 13 (DPW Expenses) of article no. 3 of the 2010 Annual Town Meeting, b) Transfer the sum of $2,500.00 from line item no. 4 (Retirement/Pension) to line item no. 7 (Police Expenses) of article no. 3 of the 2010 Annual Town Meeting, c) Transfer the sum of $900.00 from line item no. 4 (Retirement/Pension) to line item no. 17 (COA Wages) of article no. 3 of the 2010 Annual Town Meeting, d) Transfer the sum of $36,500.00 from line item no. 4 (Fringe Benefit expense) to line item no. 9 (Fire Wages) of article no. 3 of the 2010 Annual Town Meeting, e) Transfer the sum of $2,000.00 from line item no. 10 (Building Inspector/HDC Wages) to line item no. 13 (DPW Wages) of article no. 3 of the 2010 Annual Town Meeting, f) Transfer the sum of $12,000.00 from line item no. 6 (Town Hall Maintenance Wages) to line item no. 7 (Police Wages) of article no. 3 of the 2010 Annual Town Meeting, g) Transfer the sum of $5,000.00 from Free Cash to line item no. 7 (Police Expenses) of article no. 3 of the 2010 Annual Town Meeting, h) Transfer the sum of $3,900.00 from the Golf Receipts Reserved for Appropriation account to line item no. 15 (Golf Wages) of article no. 3 of the 2010 Annual Town Meeting, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) 2 BORROWING EXPENSES ARTICLE NO. 3: To see if the Town will vote to transfer from available funds the sum of TWENTY-TWO THOUSAND ($22,000.00) DOLLARS for the purpose of paying for the preparation, issuance and marketing of bonds and notes and for paying interest on temporary notes issued in anticipation thereof; and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts and expend said funds for this purpose, and to transfer from available funds a sum of money to pay the first year’s principal and interest expenses for this project, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) CAPITAL AND SPECIAL PROJECTS EXPENDITURES ARTICLE NO. 4: To see if the Town will vote to transfer from available funds a sum of money for the purpose of funding the following capital acquisitions and expenditures to be undertaken during Fiscal Year 2011 and to authorize the Town Administrator to sell, trade, lease, exchange or otherwise dispose of, in the best interests of the Town, old equipment or vehicles deemed available, the proceeds from any such disposition to be applied toward the cost of acquiring new equipment or services as the case may be: TRANSFER FROM AVAILABLE ITEM DEPARTMENT FUNDS 1 Department of Public Works: a. Road Sweeper Lease Payment $38,900.00 b. Replace Transfer Station Grapple Equipment $180,000.00 c. DPW/Transfer Station/Salt Shed Roof Repairs $2,000.00 d. Replace One Ton Dump Truck $60,000.00 e. Upgrade Staff Safety Gear $2,300.00 f. Loader Equipment Repair $30,000.00 Sub-total $313,200.00 2. Fire Department: a. Dispatch Services Expense $30,000.00 b. Rescue Service Billing Expense $15,000.00 c. Fire Engine Lease/Purchase Payment Expense $108,000.00 d. Forestry Unit Replacement Project $110,000.00 Sub-total $263,000.00 3. Board of Selectmen: a. Technology Program Expense $30,000.00 b. All Citizens Access Improvement Project $5,700.00 c. Cape Cod Water Resources Restoration Projects $50,000.00 d. Town-wide Telephone Replacement Project $50,000.00 Sub-total $135,700.00 4. Water Department: a. Replacement of Utility Truck $42,000.00 b. Well No. 6 Project Engineering & Planning Expense $350,000.00 c. Meter Reading Equipment Upgrade $20,000.00 d. AP Newcomb Road Water Main Installation Project $200,000.00 Sub-total $612,000.00 5. Elementary School Department: a. SB Septic System Repair Project $5,900.00 b. HVAC Maintenance & Repairs $50,000.00 c. Technology Project $20,000.00 d. Eddy Design & Replacement of Smoke Detectors $20,000.00 3 e. Window Screen Replacement Project $10,000.00 f. Replace Tractor $25,000.00 g. SB Repair Central Clock System $12,500.00 h. Eddy Replace Gym/Café Doors $22,500.00 i. Eddy School Maintenance Equipment $10,000.00 j. SB Gutter Replacement & Repair $20,000.00 k. SB Replace Water Fountains in Gym $12,500.00 l. SB Painting Project $10,000.00 m. SB Carpet & Tile Replacement/Repair Project $15,000.00 n. Eddy Painting Project $10,000.00 Sub-total $243,400.00 6. Natural Resources Department: a. Stony Brook Mill Preliminary Dam Engineering Evaluation $18,000.00 b. Natural Resources Park & Trail Enhancement Project $10,000.00 c. Spruce Hill Conservation Area Stairs Repair Project $5,000.00 d. Breakwater Beach Stairway Project $4,000.00 Sub-total $37,000.00 7. Ladies Library: a. Roof Repair Project $12,000.00 Sub-total $12,000.00 Grand Total $1,616,300.00 and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept grant proceeds and expend said funds for these purposes, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) COMMUNITY PRESERVATION ACT FUNDING / Allocations ARTICLE NO. 5: To see if the Town will vote to act upon the recommendations of the Community Preservation Committee; to appropriate from the Community Preservation Fund to spend during Fiscal Year 2011 or to hold for future expenditure the following sums from the Fund’s Fiscal Year 2011 revenues; and to authorize the Town of Brewster, acting through its Board of Selectmen and Community Preservation Committee, to enter into contracts for the award of grants to the following agencies; or to act otherwise as follows: Item: Category: 1. Historic Preservation: a. Brewster Cemetery Commission: Headstone Preservation Project $18,000.00 2. Reserve Funds: a. Open Space: From funds received during fiscal years 2007 through 2010 but not previously appropriated or allocated, to set aside for later spending for open space purposes the sum of $78,563.00; b. Historic Preservation: From funds received during fiscal years 2007 through 2010 but not previously appropriated or allocated, to set aside for later spending for Historic Preservation purposes the sum of $15,708.00; and C. Community Housing: From funds received during fiscal years 2007 through 2010 but not previously appropriated or allocated, to set aside for later spending for Community Housing purposes the sum of $15,708.00; Grand-total $127,979.00 or to take any other action relative thereto. (Majority Vote Required) (Community Preservation Committee) 4 CUSTODY OF LAND / Land Use ARTICLE NO. 6: To see if the Town of Brewster will vote, pursuant to General Laws Chapter 40, Section 15A, to authorize the transfer to the Conservation Commission for conservation, watershed protection and passive recreation purposes the care, custody, control and management of six contiguous parcels of land shown on Brewster Assessor’s Map 47 as Lots 92 and 49 and Map 52 as Lots 3-1 and 2-3 and portions of Lots 2-1 and 3 on Map 52, all as shown on a sketch of land on file with the Town Clerk, entitled, “Proposed division line as shown on composite survey, Plan Book 421/37 and 247/8, Captains Golf Course, SW section, Prepared for Brewster Conservation Commission, 30 September 2010,” and as further described in a document on file with the Town Clerk, entitled, “Area proposed for transfer from Brewster Golf Course Commission to Brewster Conservation Commission, approximately 20 acres, southwest section between Mud Pond and Starboard Course of Captains’ Golf Course, owned by Town of Brewster. 30 September 2010,” said parcels having been previously taken by the Town via an Order of Taking by Eminent Domain for the purpose of the construction of a golf course, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SPECIAL REVENUE FUND / Cable Franchise Fee Account ARTICLE NO. 7: To see if the Town will vote to transfer a sum of money from the Cable Franchise Fee account for local cable television related purposes, including, but not limited to the general public purpose of supporting and promoting public access to the Brewster cable television system; training in the use of local access equipment and facilities; access to community, municipal and educational meeting coverage; use and development of an institutional network and/or municipal information facilities; and/or any other appropriate cable-related purposes, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) REAL ESTATE EASEMENT / Breakwater Cemetery ARTICLE NO. 8: To see if the Town will vote to authorize the Board of Selectmen to convey, and on terms the Board of Selectmen consider proper, a temporary construction easement to the First Parish Church, on land which is shown on Brewster Assessors’ Map 17, as Parcel 28, also known as the Breakwater Cemetery, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) RESCIND DEBT AUTHORIZATION ARTICLE NO. 9: To see if the Town will vote to rescind the authorization to incur debt in the amount of TWO MILLION FIVE HUNDRED FIFTY THOUSAND AND 00/100 ($2,550,000.00) DOLLARS under article no. 9 of the October 19, 2009 Special Town Meeting, said article allowed for the following: 1) Construct an addition to and consolidate the Brewster Elementary School into the Stony Brook School, 2) Sell the Brewster Town Offices and land to the Cape Cod Lighthouse Charter School, 3) Relocate the Town Offices and the Council on Aging operations to the Eddy Elementary School, along with the Recreation Department, and 4) Relocate the Brewster Historical Society from Spruce Hill, and the Chamber of Commerce Visitors Center in the present Town Hall, to the COA building next to the Fire Station. or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) 5 ZONING BYLAW AMENDMENT / Manufacturing ARTICLE NO. 10: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Section 179-40 (Manufacturing), E, as follows (strikethrough text is to be deleted, bold text is new): All materials shall be stored within a completely enclosed building or within an outside area completely enclosed by a fence and gates, all at least eight feet in height and of suitable material and height to provide sufficient screening. So that it reads: All materials shall be stored within a completely enclosed building or within an outside area completely enclosed by a fence and gates, of suitable material and height to provide sufficient screening. or to take any other action relative thereto (Two-Thirds Required) (Planning Board) ZONING BYLAW AMENDMENT / Accessory Apartment Housekeeping ARTICLE NO. 11: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Section 179-2 (Definitions) by amending the definition of Dwelling, One Family with Accessory Apartment as follows: At the end of the definition, delete the words “or take any other action relative thereto.” or to take any other action relative thereto (Two-Thirds Required) (Planning Board) ZONING BYLAW AMENDMENT / Planned Residential Development Housekeeping ARTICLE NO. 12: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Section 179-36 (Planned Residential Development), C, (2), (i), [1], [d] as follows (strikethrough text is to be deleted): Copies of the report shall be available to the Cape Cod Planning and Economic Development Commission and the Brewster Water Quality Review Committee. So that it reads: Copies of the report shall be available to the Cape Cod Commission and the Brewster Water Quality Review Committee. or to take any other action relative thereto (Two-Thirds Required) (Planning Board) ZONING BYLAW AMENDMENT / Home Occupation Definitions ARTICLE NO. 13: To see if the Town will vote to amend the Town of Brewster Zoning By-laws Section 179-2 (Definitions) by deleting the definition “Medical Center or Clinic, and by adding the following definitions: ANIMAL HOSPITAL – A place where animals are given medical or surgical treatment by or under the supervision of a veterinarian and boarding is short-term care incidental to hospital use and care. BAKERY – An establishment primarily engaged in the preparation and wholesale and/or retail sale of baked products for consumption off-site. Such use may include incidental food service. A bakery where all products are prepared off-site shall be considered a 6 general retail use. CLINIC, MEDICAL OR DENTAL – A facility employing more than one doctor or dentist or health care provider providing treatment on an out-patient basis. GIFT SHOP – Retail stores where items such as art, jewelry, books and notions are sold. Shops accessory to a home occupation, pursuant to Section 179-37, shall not be considered gift shops for the purpose of this by-law. HEALTH CARE PROVIDER -- Any person who is licensed or is otherwise registered or certified to engage in the practice of or otherwise performs duties associated with any of the following: medicine, dentistry, optometry, midwifery, osteopathy, podiatry, massage (by a Licensed Massage Therapist), chiropractic, physiotherapy, dental hygiene, psychiatry, or psychology. KENNEL – An establishment where dogs, cats or other small household pets are boarded for compensation. OFFICE, MEDICAL OR DENTAL -- A facility employing no more than one doctor or dentist providing treatment on an out-patient basis. Offices of Health Care Providers are also included under this definition. A medical or dental office can be considered a Home Occupation if it meets the requirements of Section 179-37 of this by-law. PERSONAL SERVICE ESTABLISHMENT – An establishment providing non-medical services including beauty and barber shops; dry cleaning pick-up stores; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided. TOURIST HOME – see LODGING HOUSE or to take any other action relative thereto. (Two-Thirds Required) (Planning Board) PUBLIC CONSUMPTION OF MARIHUANA OR TETRAHYDROCANNABINOL ARTICLE NO. 14: To see if the Town will vote to amend the Code of the Town of Brewster by repealing in Chapter 60 Alcoholic Beverages, both Section 60-1 Consumption on highways prohibited and Section 60-2 Violations and penalties, by adding as the new Section 60-1 the following: 60-1A. Use of Alcoholic Beverages, Marihuana or Tetrahydrocannabinol. No person shall consume an alcoholic beverage as defined by General Laws Chapter 138, Section 1, as amended, or possess an opened container of such beverage, or consume marihuana or tetrahydrocannabinol as defined by General Laws Chapter 94C, Section 1 within the limits of any park, beach, playground, public building or any public land owned or under the control of the Town of Brewster nor shall any person, including any person in a motor vehicle while it is in, on or upon any public way or any way to which the public has a right of access as aforesaid, consume an alcoholic beverage, as defined in said Section 1, or consume marihuana or tetrahydrocannabinol within the limits of the Town of Brewster. All alcoholic beverages, marihuana or tetrahydrocannabinol being used in violation of this section may be seized and held until final adjudication of the charge against any such person or persons has been made by the court. This by-law does not apply to prescribed medicines or to unaltered and unadulterated non-prescription medications. Whoever violates the provisions of this section shall be punished by a fine of two hundred ($200.00) dollars for such offense. 60-1B. A police officer taking cognizance of a violation of 60-1A may request the offender to state his or her true name and address. An offender who refuses to state his or her true name and address or who provides a false name and address shall be punishable by a fine of $300. or to take any other action relative thereto. 7 (Majority Vote Required) (Police Chief) NSTAR / Utility Easement ARTICLE NO. 15: To see if the Town will vote to authorize the Board of Selectmen to grant NSTAR an easement to install and maintain an underground electric system on Town-owned property in order to provide service to the new Brewster Water Department Office & Garage Facility, located on Commerce Park Road, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) CROSBY MANSION PROPERTY/ Septic System ARTICLE NO. 16: To see if the Town will vote to appropriate a sum of money to pay the costs of designing, constructing, a sewerage disposal system for the Crosby Mansion, including the payment of all other costs incidental and related to the carrying out of this project and its financing, and to pay additional professional, design and engineering services costs and to see whether such sum shall be raised by a transfer from available funds, or to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a certain sum of money 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, provided that the amount of notes or bonds issued hereunder shall be reduced by the amount of the sales proceeds, grant funds, and other money received before the sale of such notes or bonds; and to 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; and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept grant proceeds and expend said funds for these purposes, or to take any other action relative thereto. (Two-thirds Vote Required) (Board of Selectmen) FUEL ASSISTANCE FUNDING ARTICLE NO. 17: To see if the Town will vote to transfer from available funds the sum of TEN THOUSAND AND 00/100 ($10,000.00) DOLLARS for the Lower Cape Outreach Council, Inc. and to authorize the Board of Selectmen to enter into contracts with this organization in order to provide desired social services for residents of Brewster, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) TRANSFER CUSTODY / Tax Title Property ARTICLE NO. 18: To see if the Town will vote to transfer to the Conservation Commission for conservation and passive recreation purposes the care, custody, control and management of the following parcels acquired after non-payment of real estate taxes: Assessors’ Information: Acres: Location: a) Map No. 31, Parcel No. 52 0.90 0 State Park area b) Map No. 31, Parcel No. 53 5.44 0 State Park area c) Map No. 31, Parcel No. 56 2.88 0 State Park area or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SALE OF REAL ESTATE ARTICLE NO. 19: To see if the Town will vote to authorize the Board of Selectmen to sell the Town’s interest in the real estate identified as Parcel No. 18 on the 8 Board of Assessor’s Map No. 24 at a price not less than the appraised value thereof, as established by a licensed Massachusetts real estate appraiser; to authorize the Board of Selectmen to advertise and solicit bids for this purpose; to authorize the Board of Selectmen to negotiate and enter into all agreements and execute any and all instruments as may be necessary on behalf of the municipality to effect this sale; or to take any other action relative thereto. (Two-thirds Vote Required) (Board of Selectmen) ACCEPTANCE OF ENABLING LEGISLATION / OPEB ARTICLE NO. 20: To see if the Town will vote to accept the provisions of Chapter 32B, Section 20 of the General Laws, to allow for a separate Other Postemployment Benefits (OPEB) fund that shall be invested and reinvested by the Town Treasurer consistent with the prudent investor rule per chapter 203C, and to withdraw a sum of money from the Stabilization fund for this purpose, or to take any other action relative thereto. (Two-thirds Vote Required) (Board of Selectmen) ANY OTHER BUSINESS ARTICLE NO. 21: To act on any other business that may legally come before this meeting. (Majority Vote Required) (Board of Selectmen) 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 Seal of the Town of Brewster affixed this __the day of October, 2010. Edward S. Lewis, Chairman Peter G. Norton, Vice-Chairman Daniel Rabold, Clerk James W. Foley Gregory A. Levasseur I, Roland W. Bassett, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Special Town Meeting of November 15, 2010 by posting attested copies thereof, in the following locations in the Town on the day of October __, 2010: Brewster Town Offices Brewster Farms Brewster Ladies Library Brewster Pizza House The Brewster Store Millstone Liquors United States Post Office Roland W. Bassett, Constable