HomeMy Public PortalAbout2004-11-15-Special Town Mtg ReportReport of the
FALL YEARLY TOWN MEETING
November 15 & 22, 2004
In accordance with the Warrant, The Fall Yearly Town Meeting was held in the
Stonybrook Elementary School Cafetorium, Monday, November 15, 2004 and
reconvened Monday, November 22, 2004.
The Meeting was called to order at 7:00 p.m. by the Moderator, Stephen L.
Doyle. The Tellers were Kenneth Berbrick, Sheila Gerhardt, Ruth Hanlon,
June Gallant, Jean Gage, and Jane Nixon. The checkers were Nancy Berbrick,
Elizabeth Hardy, Joan Mitchell, John Nixon, Maureen Steinmann, John Unger,
Gerry Tursi, Ann Golini, and Colette Williams.
A quorum was present.
The Town Clerk, Mildred A. Unger, read the Fall Town Meeting Warrant and the
return of the Warrant. There being no objection, the Moderator dispensed with
the reading of the 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 unpaid bills incurred but unpaid
during a previous fiscal year:
a. Medical Affiliates of Cape Cod $75.00
b. Mildred Unger $80.00
c. Johnson Electric $224.00
d. S. Hofer Designs $ 75.00
e. Pemaquid Oyster $1,532.00
Grand-total $1,986.00
or to take any other action relative thereto.
(Nine-Tenths Vote Required) (Board of Selectmen)
Motion: I move that the town vote to approve article no. 1 as printed in
the warrant and transfer the sum of $1,986.00 from Free Cash for this
purposes.
Action: Adopted Unanimously
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 during the current fiscal year to pay shortfalls that would
otherwise exist in the Fiscal Year 2005 budget of other departments, as follows:
or to take any other action relative thereto.
a. Transfer the sum of $20,800.00 from the Ambulance Receipts Reserved
for Appropriations Account to Line Item No. 26 (Fire Department
Expenses) of Article No. 5 of the 2004 Annual Town Meeting.
b. Transfer the sum of $50,000.00 from Free Cash to Line Item No. 26 (Fire
Department Salaries and Wages) of Article No. 5 of the 2004 Annual
Town Meeting.
c. Transfer the sum of $10,000.00 from Free Cash to Article No. 3
(O.P.E.I.U. Collective Bargaining) of the 2004 Special Town Meeting.
d. Transfer the sum of $3,900.00 from Line Item No. 32 (Department of
Public Works Salaries and Wages) of Article No. 5 of the 2004 Annual
Town Meeting to Line item No. 10 (Town Clerk Expenses) of Article No. 5
of the 2004 Annual Town Meeting.
e. Transfer the sum of $500.00 from Line Item No. 31 (Department of
Public Works Salaries and Wages) of Article No. 5 of the 2004 Annual
Town Meeting to Line Item No. 18 (Drummer Boy Expenses) of Article No.
5 of the 2004 Annual Town Meeting.
f. Transfer the sum of $25,000.00 from Free Cash to Article No 4
(Elementary School Budget) of the 2004 Annual Town Meeting.
g. Transfer the sum of $600.00 from Line Item No. 31 (Department of
Public Works Salaries and Wages) of Article No. 5 of the 2004 Annual
Town Meeting to Line Item No. 2 (Board of Selectmen Expenses) of Article
No. 5 of the 2004 Annual Town Meeting.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Motion: I move that the town vote to approve article no. 2 as printed in
the warrant, however that item f. Elementary School Budget in the
amount of $25,000.00 be deleted, and transfer the total amended sum of
$85,800.00.00 for these purposes.
Action: Adopted Unanimously.
REPAIR AND RESURFACE TOWN ROADS / CHAPTER 90 FUNDS
ARTICLE NO. 3: To see if the Town will vote to transfer from available
funds the sum of ONE HUNDRED AND NINETY-NINE THOUSAND EIGHT
HUNDRED AND FIFTY-TWO AND 00/100 ($199,852.00) DOLLARS as
provided under Chapter 90 of the Massachusetts General Laws for local roads
and highways, and to authorize the expenditure of these funds 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 no. 3 as printed in
the warrant and transfer the sum of $199,852.00 from available funds for
this purpose.
Action: Adopted Unanimously.
ROAD DRAINAGE EASEMENT
ARTICLE NO. 4: To see if the Town will vote to authorize the Board of
Selectmen:
1. to acquire a drainage easement by gift, purchase and/or eminent
domain taking from Whydah International Inc., on land identified
within Parcel No. 28-1 of Map No. 26 of the Board of Assessors’ Maps,
and to
2. grant a license or property easement to Whydah International Inc. on
land identified within the town roadway layout plan for Underpass
Road,
and to transfer from available funds a sum of money to fund costs associated
with this project and to authorize the Town Administrator to solicit bids or
proposals, enter into a contract or contracts and 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 no. 4 as printed in
the warrant.
Action: Adopted Unanimously.
CAPITAL EXPENDITURES
ARTICLE NO. 5: 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 2005 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. Drainage/Road Maintenance $ 75,000.00
b. Light Dump Truck Replacement 50,000.00
c. Brush Mower Replacement 80,000.00
d. Transfer Station Loader Repair 20,000.00
2 Fire Department
a. Engine No. 233 Repairs 5,000.00
b. Engine No. 234 Repairs 30,000.00
c. Ladder Repair/Replacement 15,000.00
d. Hose Replacement 5,000.00
3. Board of Selectmen
a. Public Address System 5,000.00
b. Great Fields Road Engineering 100,000.00
c. Town Hall HVAC Engineering 30,000.00
d. Drummer Boy Park Paving 20,000.00
e. Regulatory Sign Replacement 5,000.00
4. Council on Aging
a. Elevator Engineering 15,000.00
b. Building Painting 20,000.00
5. Water Department
a. Construction Account 150,000.00
b. Pick-up Truck Replacement 49,000.00
c. System Study Project 37,000.00
d. Meter Reading Equipment 8,800.00
e. Ph Meter Equipment Replacement 1,650.00
6. Elementary School Department
a. School Painting Project 25,000.00
b. Technology Equipment Replacement 15,000.00
7. Natural Resources
a. Land Management for Conservation Lands 5,000.00
b. Professional Services 6,000.00
8. Golf Department
a. Driving Range Rehabilitation Project 65,000.00
Grand Total $837,450.00
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)
Motion: I move that the town vote to approve article no. 5 as printed in
the warrant, however that:
• 2. Fire Department - item no. 2b “Engine 234 Repairs” be amended
to “Fire Vehicle Maintenance”,
• 2. Fire Department – item no. 2c “Ladder Repair / Replacement in
the amount of $15,000” be amended to $5,000,
• 6. Elementary School Department - item no. 6a “School Painting
Project in the amount of $25,000” be deleted,
• 7. Natural Resources - item no. 7b “Professional Services in the
amount of $6,000” be deleted,
and to appropriate the total sum of $796,450.00 for these purposes, and
in order to appropriate this sum that the town transfer the sums of
$444,000.00 from Free Cash, $65,000.00 from the Golf Receipts Reserved
for Appropriation account, $242,450.00 from the Water Revenue account
and $45,000.00 from the Ambulance Receipts Reserved for Appropriation
account.
Action: Adopted
COMPENSATING BALANCE AGREEMENTS
ARTICLE NO. 6: To see if the Town will vote to authorize the Town
Treasurer/Collector, with the approval of the Board of Selectmen, to enter into
compensating balance agreements for up to a three-year period, as permitted
by Section No. 53F of Chapter No. 44 of the General Laws, or to take any other
action relative thereto.
(Majority Vote Required) (Town Treasurer/Collector)
Motion: I move that the town vote to approve article no. 6 as printed in
the warrant.
Action: Adopted Unanimously.
RECORDS RETENTION PROJECT
ARTICLE NO. 7: To see if the Town will vote to fund costs associated
with the continuation of the retention of various town records and to transfer
from available funds the sum of TEN THOUSAND AND 00/100 ($10,000.00)
DOLLARS and to authorize the Town Administrator to solicit bids or proposals,
enter into a contract or contracts and expend said funds for
this purpose, or to take any other action relative thereto.
(Majority Vote Required) (Town Clerk)
Motion: I move that the town vote to approve article no. 7 as printed in
the warrant and to transfer the sum of $10,000.00 from Free Cash for this
purpose.
Action: Adopted Unanimously.
BAYSIDE SKIPPERS FUNDING
ARTICLE NO. 8: To se if the Town will vote to transfer from available
funds the sum of FOUR THOUSAND FIVE HUNDRED AND 00/100
($4,500.00) DOLLARS for the purpose of funding part of the annual budget of
the Brewster Bayside Skippers Competition Team for the coach’s stipend, or to
take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Motion: I move that the town vote to approve article no. 8 as printed in
the warrant and to transfer the sum of $4,500.00 from Free Cash for this
purpose.
Action: Adopted.
OPEN SPACE LAND ACQUISITION
ARTICLE NO. 9: To see if the Town will vote to authorize the Board of
Selectmen to acquire two parcels of land which are designated on Brewster
Assessor’s Map No. 38, as Parcel 78, and is located off Black Duck Cartway in
the Town of Brewster, Barnstable County, Massachusetts, consisting of
approximately 6.4 acres, more or less, and more accurately described in a deed
recorded in the Barnstable Registry District of the Land Court as Document
No. 167852; to acquire both parcels by gift, purchase and/or eminent domain
taking under Massachusetts General Laws, Chapter 79, or any other enabling
authority; to acquire said land for open space, conservation and passive
recreation purposes pursuant to the provisions of Mass. Gen. Laws, ch. 40,
§8C; to authorize the Board of Selectmen to grant to the Trustees of the
Brewster Conservation Trust, for no consideration, a perpetual Conservation
Restriction pursuant to the provisions of General Laws, Chapter 184, Sections
31 through 33, allowing the aforementioned uses within the meaning of
Massachusetts General Laws, Chapter 40, Section 8C; to appropriate the sum
of THREE HUNDRED AND THIRTY-FIVE THOUSAND AND 00/100
($335,000.00) DOLLARS to pay for land acquisition, and other costs
incidental and related thereto; to authorize the Town Treasurer, with the
approval of the Board of Selectmen, to borrow up to the sum of THREE
HUNDRED AND TWENTY-FIVE THOUSAND AND 00/100 ($325,000.00)
DOLLARS in anticipation of repayment in accordance with Chapter 293 of the
Acts of 1998, as amended, also known as an Act Relative to the Establishment
of the Cape Cod Open Space Land Acquisition Program and/or to borrow
money pursuant to the provisions of Massachusetts General Laws, Chapter 44,
Section 7(3) and Section 8(c), and/or any other enabling authority, and to issue
bonds and/or notes of the Town therefor; to authorize the Town Treasurer to
transfer from available sums the sum of TEN THOUSAND ($10,000.00)
DOLLARS for the purpose of paying the aforementioned incidental and related
costs, including costs for the preparation, issuance and marketing of notes and
bonds issued hereunder and for paying interest on temporary notes issued in
anticipation thereof; to authorize the Board of Selectmen and the Conservation
Commission to apply for, accept and expend any funds which may be provided
by the Commonwealth or some other source to defray a portion or all of the
costs of acquiring this property, including funding under the Self-Help Act,
General Laws, Chapter 132A, Section 11, and/or the Federal Land & Water
Conservation Fund, P.L. 88-568, 78 Stat 897, provided that the amount of
notes or bonds issued hereunder shall be reduced by the amount of any such
grants received or funds accepted prior to the sale of such notes or bonds; to
authorize the Conservation Commission to assume the care, custody, control
and management of the property; and to authorize the Board of Selectmen and
Conservation Commission to enter into all agreements and execute any and all
instruments as may be necessary on behalf of the municipality to affect this
purchase and obtain reimbursement funding; or to take any other action
relative thereto.
(Two-thirds Vote Required) (Open Space Committee)
Motion: I move that the Board of Selectmen is hereby authorized to
acquire for open space, conservation and passive recreation purposes
pursuant to the provisions of Mass. Gen. Laws, ch. 40, §8C, by gift,
purchase, eminent domain or otherwise, two parcels of land which are
designated on Brewster Assessor’s Map No. 38, as Parcel 78, and are
located off Black Duck Cartway in the Town of Brewster, Barnstable
County, Massachusetts, consisting of approximately 6.4 acres, more or
less, and more accurately described in a deed recorded in the Barnstable
Registry District of the Land Court as Document No. 167852; that the
Board of Selectmen are further authorizes to grant to the Trustees of the
Brewster Conservation Trust, for no consideration, a perpetual
Conservation Restriction pursuant to the provisions of General Laws,
Chapter 184, Sections 31 through 33 upon said land, allowing the
aforementioned uses within the meaning of Massachusetts General Laws,
Chapter 40, Section 8C; that the sum of THREE HUNDRED AND THIRTY-
FIVE THOUSAND AND 00/100 ($335,000.00) DOLLARS is hereby
appropriated to pay for this land acquisition, and other costs incidental
and related thereto, and that to meet this appropriation, the Town
Treasurer, with the approval of the Board of Selectmen, is hereby
authorized to borrow THREE HUNDRED AND TWENTY-FIVE THOUSAND
AND 00/100 ($325,000.00) DOLLARS in anticipation of repayment in
accordance with Chapter 293 of the Acts of 1998, as amended, also
known as an Act Relative to the Establishment of the Cape Cod Open
Space Land Acquisition Program and/or pursuant to the provisions of
Massachusetts General Laws, Chapter 44, Section 7(3) and Section 8(c),
and/or any other enabling authority, and to issue bonds and/or notes of
the Town therefor; provided however, that the amount of any bonds or
notes authorized hereunder shall be reduced to the extent of any grants
or gifts received on account of this land acquisition prior to the issuance
of any long-terms bonds therefor, and the further sum of TEN THOUSAND
($10,000.00) DOLLARS is hereby transferred from free cash for the
purpose of paying the aforementioned incidental and related costs,
including costs for the preparation, issuance and marketing of notes and
bonds issued hereunder and for paying interest on temporary notes issued
in anticipation thereof; that the Board of Selectmen and the Conservation
Commission are hereby authorized to apply for, accept and expend any
funds which may be provided by the Commonwealth or some other source
to defray a portion or all of the costs of acquiring this property, including
funding under the Self-Help Act, General Laws, Chapter 132A, Section 11,
and/or the Federal Land & Water Conservation Fund, P.L. 88-568, 78 Stat
897; that the Conservation Commission is hereby authorized to assume
the care, custody, control and management of the property; and further,
that the Board of Selectmen and Conservation Commission are each
hereby authorized to enter into all agreements and execute any and all
instruments as may be necessary on behalf of the Town to affect this
acquisition and obtain reimbursement funding.
Action: Adopted Unanimously.
OPEN SPACE LAND ACQUISITION
ARTICLE NO. 10: To see if the Town will vote ratify and confirm the
original vote on Article 21 of the Fall Yearly Town Meeting held on November
19, 2001, which authorized the Board of Selectmen to acquire certain parcels
of land off Long Pond Road known as the “Rowley” parcels, and to re-vote the
original Article with additional wording necessary to qualify the acquisition for
certain grant monies, as follows:
to authorize the Board of Selectmen to acquire a portion of the land which is
designated on Brewster Assessor’s Map 34 as Parcel 41, and all of the land
designated on said Map as Parcels 12 and 12A, which parcels are further
described in the Deeds recorded at the Barnstable County Registry of Deeds in
Deed Book 1920, Pages 84 and 86, and Deed Book 4630, Page 340, which
parcels are located off Long Pond Road in the Town of Brewster, Barnstable
County, Massachusetts, and consist of approximately 46.30 acres, more or
less; to acquire one parcel in calendar year 2002 and to acquire the other
parcel in calendar year 2004; to acquire the parcels by gift, purchase and/or
eminent domain taking under Massachusetts General Laws, Chapter 79, or
any other enabling authority; to acquire said land for open space, conservation
and passive recreation purposes pursuant to the provisions of Mass. Gen.
Laws, ch. 40, §8C; to authorize the Board of Selectmen to grant to the Trustees
of the Brewster Conservation Trust, for no consideration, a perpetual
Conservation Restriction pursuant to the provisions of General Laws, Chapter
184, Sections 31 through 33, allowing the aforementioned uses within the
meaning of Massachusetts General Laws, Chapter 40, Section 8C; to
appropriate the sum of TWO MILLION, SEVEN HUNDRED, EIGHTY-EIGHT
AND 00/100 ($2,788,000.00) DOLLARS to pay for land acquisition and other
costs incidental and related thereto; that to meet this appropriation, the Town
vote to transfer the sum of One Million, SEVENTY-ONE THOUSAND, FOUR
HUNDRED, TWENTY-NINE AND 00/100 ($1,071, 429.00) DOLLARS from the
Brewster Land Bank Fund and, furthermore, that the Town Treasurer, with the
approval of the Board of Selectmen, be authorized to borrow up to the sum of
ONE MILLION, SEVEN HUNDRED AND SIX THOUSAND, FIVE HUNDRED,
SEVENTY-ONE AND 00/100 ($1,706,571.00) DOLLARS in anticipation of
repayment in accordance with Chapter 293 of the Acts of 1998, as amended,
also known as an Act Relative to the Establishment of the Cape Cod Open
Space Land Acquisition Program and/or to borrow money pursuant to the
provisions of Massachusetts General Laws, Chapter 44, Section 7(3) and
Section 8(c), and/or any other enabling authority, and to issue bonds and/or
notes of the Town therefor; to authorize the Town Treasurer to transfer the sum
of TEN THOUSAND ($10,000.00) DOLLARS from available sums for the
purpose of paying the aforementioned incidental and related costs, including
costs for the preparation, issuance and marketing of notes and bonds issued
hereunder and for paying interest on temporary notes issued in anticipation
thereof; to authorize the Board of Selectmen and the Conservation Commission
to apply for, accept and expend any funds which may be provided by the
Commonwealth or some other source to defray a portion or all of the costs of
acquiring this property, including funding under the Self-Help Act, General
Laws, Chapter 132A, Section 11, and/or the Federal Land & Water
Conservation Fund, P.L. 88-568, 78 Stat 897, provided that the amount of
notes or bonds issued hereunder shall be reduced by the amount of any such
grants received or funds accepted prior to the sale of such notes or bonds; to
authorize the Conservation Commission to assume the care, custody, control
and management of the property; and to authorize the Board of Selectmen and
Conservation Commission to enter into all agreements and execute any and all
instruments as may be necessary on behalf of the municipality to affect this
purchase and obtain reimbursement funding; or to take any other action
relative thereto.
(Two-thirds Vote Required) (Open Space Committee)
Motion: I move that the town vote to approve article no. 10 as printed in
the warrant.
Action: Adopted Unanimously.
ORLEANS, BREWSTER & EASTHAM GROUNDWATER PROTECTION
DISTRICT / INTERMUNICIPAL AGREEMENT AMENDMENT
ARTICLE NO. 11: To see if the Town of Brewster will vote to instruct the
Board of Selectmen to petition the General Court for enactment of special
legislation amending Special Act, Chapter 327 of the Acts of 1988 to authorize
the Orleans, Brewster and Eastham Groundwater Protection District to provide
for group insurance coverage for employees of the District pursuant to
Massachusetts General Laws Chapter 32B, sections 10, 7A, 9A and 9E, and to
ratify, validate and confirm any prior payments made by the District for health
insurance premiums on behalf of District employees; and to further vote to
authorize the Board of Selectmen to amend the Intermunicipal Agreement
between the Towns of Orleans, Brewster and Eastham for the Construction,
Management and Operation of a Septage Treatment Facility (the “IMA”), dated
May 30, 1985, as amended, by adopting a further amendment pursuant to
Section XVI of the IMA, in substantially the form set forth below:
“AMENDMENT TO THE INTERMUNICIPAL AGREEMENT BETWEEN THE
TOWNS OF ORLEANS, BREWSTER AND EASTHAM FOR THE
CONSTRUCTION, MANAGEMENT AND OPERATION OF A SEPTAGE
TREATMENT FACILITY.
Whereas, the Towns of Orleans, Brewster and Eastham, (collectively the
"Towns"), are parties to an Intermunicipal Agreement between the Towns of
Orleans, Brewster, Eastham for the Construction, Management and Operation
of a Septage Treatment Facility, as amended, (the "IMA"), which IMA has a term
of twenty (20) years which is due to expire on May 30, 2005; and
Whereas, the Towns are desirous of extending the term of the IMA for an
additional period of ten (10) years and making provisions for an additional ten
(10) year conditional extended term; and
Whereas, Section XVI of the IMA, provides that it may be amended by
written amendment, but that no such amendment shall become effective until
approved by a Town Meeting in all three (3) member Towns;
Now, therefore, the Towns, in consideration of the mutual covenants set
forth herein, the provisions of the IMA and the authority set forth in General
Laws chapter 40, section 4A, and every other power, hereby agree as follows:
1. The term of the original Agreement, and the right and easement of
all three towns described in Section II of the original Agreement, shall be
extended for an additional ten (10) years, until May 30, 2015. Further, unless
Orleans by vote of its Board of Selectmen, determines that it does not intend to
further extend the term of the IMA, and notice of such vote is provided in
writing to Eastham and Brewster prior to May 30, 2013, then the term of the
IMA shall be extended for an additional ten (10) years until May 30, 2025.
Such additional ten (10) year period shall be subject to a right in Orleans, by
vote of its Board of Selectmen, to terminate the IMA at anytime during the
additional ten (10) year term, provided two (2) years prior notice is given to
Eastham and Brewster of the effective date of such termination. Any
termination of the IMA resulting from a vote of the Orleans Board of Selectmen
as provided herein shall be treated as an expiration of the term of the IMA and
the termination provisions of Section XV Termination Paragraph B (1) & (2) and
Paragraph C shall apply. Further, nothing in this Amendment shall be
construed to eliminate the rights of any of the three parties described in
Section XV to withdraw from the Agreement at the end of any fiscal year, upon
one year’s prior notice, or to eliminate the rights of the two remaining parties in
that event to continue operating the Facility pursuant to said Section XV(A).
1. The Site as currently described in Section II of the IMA, and as
shown as Exhibit D, attached to the IMA, shall be revised by deleting therefrom
the area of land located in the Town of Orleans and shown as Parcel 1 on the
sketch plan attached hereto as Exhibit E. Parcel 1 is also shown on Town of
Orleans Assessors Map 39 as a portion of Parcel 7 and Map 32 as Parcel 103.
Further Orleans shall have the right by vote of its Board of Selectmen at any
time during the term of the IMA, including any extended term, to remove Parcel
1A as shown on Exhibit E from the area of the Site as described in Section II of
the IMA. Parcel 1A is also shown on Town of Orleans Assessors Map 39 as a
portion of Parcel 1. Brewster and Eastham relinquish any right and easement
to use the area of land shown as Parcel 1 on Exhibit E. Further upon exercise
by Orleans of its right to remove Parcel 1A as shown on Exhibit E, Eastham
and Brewster agree to relinquish any right and easement to use the area of
land shown as Parcel 1A as shown on Exhibit E. Orleans shall have the right,
in common with the Towns, to use the Access Road to the Facility and Oak
Ridge Lane, as access for general municipal purposes to the aforementioned
Parcel 1 and Parcel 1A.
2. The Site, as that term is used in the IMA, shall be revised
consistent with paragraph 2 of this Amendment.
3. In consideration of the Town of Orleans purchase of the land area
upon which the Facility has been constructed and operated during the initial
twenty (20) year term of the IMA, and in further consideration of Orleans
permitting the revised land area to continue to be used for the operation of the
Facility during the extended term of the IMA, the Towns agree to cause the title
to that portion of the Facility, consisting of the compost building, so called,
together with all associated improvements presently located on Parcel 1 as
shown on Exhibit E, to be transferred to the Town of Orleans. Upon such
transfer, Orleans agrees to waive all rights of contribution against Brewster and
Eastham for costs associated with any demolition or removal from Parcel 1 of
that portion of the Facility so transferred.
5. Group Health Insurance Benefits
a. Pursuant to the provisions of G.L. c.32B, §10, the Orleans, Brewster
and Eastham Groundwater Protection District hereby accepts certain
provisions said c.32B, authorizing any county, city, town or district to provide
a plan of group life insurance, group accidental death and dismemberment
insurance, and group general or blanket hospital, surgical and medical
insurance for certain persons in the service of such county, city, town or
district and their dependents.
b. Pursuant to the provisions of G.L. c. 32B, §7A, the Orleans, Brewster
and Eastham Groundwater Protection District shall, in addition to the
payment of fifty percent of a premium for contributory group life and health
insurance for employees in the service of the district and their dependents, pay
a subsidiary or additional rate.
c. Pursuant to the provisions of G.L. c. 32B, §9A, the Orleans, Brewster
and Eastham Groundwater Protection District shall pay one-half of the
premium costs payable by a retired employee for group life insurance and for
group general or blanket hospital, surgical, medical, dental, and other health
insurance.
d. Pursuant to the provisions of G.L. c. 32B, §9E, the Orleans, Brewster
and Eastham Groundwater Protection District shall, in addition to the payment
of fifty per cent of a premium for contributory group life, hospital, surgical,
medical, dental, and other health insurance for employees retired from the
service of the district, and their dependents, pay a subsidiary or additional
rate.
6. Other than as set forth in this Amendment the provisions of the
IMA are hereby ratified and confirmed by all member Towns.
This Amendment shall only become effective upon approval by a Town Meeting
vote in all three (3) towns.”
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Motion: I move that the town vote to approve article no. 11 as printed in
the warrant.
Action: Adopted Unanimously.
ENABLING LEGISLATION /MODIFIED COMMUNITY PRESERVATION ACT
ARTICLE NO. 12: To see if the Town will vote to accept the provisions of
Section 298 of Chapter 149 of the Acts of 2004, as amended by Sections 129-
133 of Chapter 352 of the Acts of 2004, otherwise known as the “Modified
Community Preservation Act,” which will allow the town to replace the Cape
Cod Open Space Land Acquisition Program with a modified Community
Preservation Act and dedicate the three per cent surcharge currently being
assessed through Fiscal Year 2020, along with state matching funds that will
be available to the town under the Community Preservation Act, to a special
“Community Preservation Fund” that may be appropriated and spent for the
acquisition, creation and preservation of open space, the acquisition,
rehabilitation, preservation and restoration of historic resources, the creation,
preservation and support of community housing, and the acquisition, creation
and preservation of land for recreational use, to become effective for the fiscal
year beginning on July 1, 2005, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Motion: I move that the town vote to approve article no. 12 as printed in
the warrant.
Action: Adopted Unanimously.
TOWN BYLAW / COMMUNITY PRESERVATION ACT COMMITTEE
ARTICLE NO. 13: To see if the Town will vote to amend the Code of the
Town of Brewster by adding the following by-law as Chapter 17, Article 1,
Section 17-1 through Section 17-5:
Community Preservation Committee Bylaw
Section 17-1. Membership of the Committee – There is hereby established a
Community Preservation Committee, consisting of nine (9) voting members
pursuant to the provisions of Section 298 of Chapter 149 of the Acts of 2004,
as amended by Sections 129-133 of Chapter 352 of the Acts of 2004. The
composition of the Committee, the appointing authority and the term of office
for the committee members shall be as follows; one member of the
Conservation Commission, as designated by said Commission; one member of
the Historic District Commission, as designated by said Commission; one
member of the Planning Board, designated by the said Board; one member of
the Recreation Commission, as designated by the Commission; one member of
the Brewster Housing Authority, as designated by said Authority; and four
individuals to be appointed by the Board of Selectmen. Each member of the
Committee shall serve a term of three years or until the person no longer serves
in the position or on the board or on the committee as set forth above,
whichever is earlier. Should any of the officers and commissions, boards or
committees who have appointing authority under this bylaw be no longer in
existence for whatever reason, the Board of Selectmen shall appoint a suitable
person to serve in their place. Any member of the committee may be removed
by the Selectmen, with prior notice to the member and a hearing, for good
cause.
Section 17-2. Duties – The Community Preservation Committee shall study the
needs, possibilities and resources of the town regarding community
preservation. The Committee shall consult with existing municipal boards,
including the Conservation Commission, the Recreation Commission, the
Historical Commission, the Planning Board, the Department of Public Works,
and the Housing Authority, or persons acting in those capacities or performing
like duties, in conducting such studies. As part of its study, the committee
shall hold one or more public informational hearings, at its discretion, on the
needs, possibilities and resources of the town regarding community
preservation possibilities and resources, notice of which shall be posted
publicly and published for each of two weeks preceding a hearing in a
newspaper of general circulation in the town.
Section 17-3. The Community Preservation Committee shall make
recommendations to the Town Meeting for the acquisition, creation and
preservation of open space, for the acquisition and preservation of historic
resources, for the acquisition, creation and preservation of land for recreational
use, for the creation, preservation and support of community housing and for
rehabilitation or restoration of such open space, historic resources, land for
recreational use and community housing that is acquired or created as
provided in this section.
Section 17-4. In every fiscal year, the Community Preservation Committee shall
recommend that Town Meeting spend, or set aside for future spending, the
fixed figure of fifty (50%) percent of the net annual revenues in the Community
Preservation Fund for open space purposes, not less than ten (10%) percent of
the net annual revenues for community housing purposes, and not less than
ten (10%) percent of the net annual revenues for historic resources purposes.
In every fiscal year, the Community Preservation Committee shall recommend
that Town Meeting spend or set aside for future spending the remaining thirty
(30%) percent of the net annual revenues for community housing, recreation
and historic resources purposes, but not for open space purposes.
Notwithstanding the foregoing, the net annual revenues paid into the
Community Preservation Fund shall be dedicated to open space purposes until
such time as prior appropriations made pursuant to the so-called Land Bank
Act have been fully expended, even if the aggregate amount of such
expenditures exceeds 80% of the annual revenues.
Section 17-5. Provided that the Community Preservation Act is accepted at the
2005 Annual Town Election, this section shall take effect upon approval by the
Attorney General of the Commonwealth of Massachusetts and after all the
requirements of Mass. Gen. Laws, ch. 40, § 32 have been met. Each appointing
authority shall have thirty (30) days after the effective date to make its
appointments.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Motion: I hereby move Article 13 as printed in the warrant but with the
following amendments:
1. Add new language at the end of the third sentence in Section 17-1
to provide for the staggering of the initial terms of appointment so
that Section 17-1 is amended to read, in its entirety, as follows:
“There is hereby established a Community Preservation
Committee, consisting of nine (9) voting members pursuant to
the provisions of Section 298 of Chapter 149 of the Acts of
2004, as amended by Sections 129-133 of Chapter 352 of the
Acts of 2004. The composition of the Committee, the
appointing authority and the term of office for the committee
members shall be as follows; one member of the Conservation
Commission, as designated by said Commission; one member
of the Historic District Commission, as designated by said
Commission; one member of the Planning Board, designated
by the said Board; one member of the Recreation Commission,
as designated by the Commission; one member of the Brewster
Housing Authority, as designated by said Authority; and four
individuals to be appointed by the Board of Selectmen. Each
member of the Committee shall serve a term of three years or
until the person no longer serves in the position or on the
board or on the committee as set forth above, whichever is
earlier; provided, however, that the initial appointments shall
be staggered so that the members designated by the
Conservation Commission, the Housing Authority and the
Historic Commission shall each be initially appointed for a
three year term, the members designated by the Planning
Board and Recreation Commission, and one of the members
appointed by the Board of Selectmen, shall each be initially
appointed for a two year term, and the remaining three
members appointed by the Board of Selectmen shall be
initially appointed for a one year term; thereafter, all members
shall be appointed for three (3) year terms. Should any of the
officers and commissions, boards or committees who have
appointing authority under this bylaw be no longer in
existence for whatever reason, the Board of Selectmen shall
appoint a suitable person to serve in their place. Any member
of the committee may be removed by the Selectmen, with
prior notice to the member and a hearing, for good cause.”
2. Add a new Section 17-6 to provide for a severability clause, as
follows:
“It is hereby declared that the provisions of Chapter 17,
Article 1, Section 17-1 through 17-5, are severable, and if any
provision hereof or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect
other provisions hereof or applications thereof which can be
given effect without the invalid provision or application.”
Action: Adopted Unanimously.
SPECIAL LEGISLATION / PARKING FINES
ARTICLE NO. 14: To see if the Town will vote to authorize the Board of
Selectmen to petition the General Court to enact the following legislation:
SECTION 1. The phrase “any fine established under the provisions of this
section for all parking violations shall not exceed fifteen ($15.00) dollars, if paid
within twenty-one (21) days, twenty ($20.00) dollars if paid thereafter but
before the parking clerk reports to the registrar as provided below, and thirty-
five ($35.00) dollars if paid thereafter” in the sixth paragraph of section 20a ½
of chapter ninety of the General Laws shall not hereafter apply to the town of
Brewster.
SECTION 2. With respect to the fines referenced in Section 1 hereof, the
town of Brewster, through the adoption of the by-law or by-laws, may establish
parking fines which shall not exceed fifty ($50.00) dollars, if paid thereafter but
before the parking clerk reports to the registrar of motor vehicles, and seventy
($70.00) dollars, if paid thereafter.
SECTION 3. In the event said section 20A ½ of chapter 90 is amended or
superseded by legislation which enables towns to impose fines greater than the
amounts in Section 2 hereof, this act shall not restrict the town of Brewster to
the amounts stated in said Section 2.
SECTION 4. This act shall take effect upon its passage.
and to provide that the General Court may, within the scope of the general
public objectives of this petition, reasonably vary the form and substance of the
requested legislation, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Motion: I move that the town vote to approve article no. 14 as printed in
the warrant.
Action: Adopted
SPECIAL LEGISLATION / AFFORDABLE HOUSING FUND
ARTICLE NO. 15: To see if the Town will vote to authorize the Board of
Selectmen to petition the General Court of the Commonwealth of
Massachusetts to enact the following special legislation, provided that the
General Court may reasonably vary the form and substance of the requested
legislation within the scope of the general public objectives of this petition but
only with the prior approval of the Board of Selectmen:
Affordable Housing Fund
Notwithstanding the provisions of any general or special law to the
contrary, the Town of Brewster may establish and maintain a special
fund to be known as the Affordable Housing Fund. Monies obtained
through fines, restitution or damages collected in connection with the
administration of any local affordable housing bylaws and programs may
be deposited into the fund, as well as monies obtained through private
and public gifts, contributions and grants, appropriations made by Town
meeting, and payments in lieu of affordable unit set asides and developer
agreement payments made pursuant to the provisions of Section 14 of
the Cape Cod Commission Act, Chapter 716 of the Acts of 1989.
The Town Treasurer of the Town of Brewster shall be custodian of the
fund and may deposit proceeds in national banks or invest the same in
securities as are legal for the investment of funds or savings banks under
the laws of the commonwealth or in federal savings and loan associations
situated in the commonwealth. Any interest earned on the fund shall be
added to and become part of the final fund.
To preserve, promote, and increase affordable housing within the town of
Brewster, the Board of Selectmen is authorized to expend fund monies to pay
for research, acquisition, creation, construction, repair, maintenance,
rehabilitation, program administration, legal and engineering fees, and other
costs associated with and incurred for affordable housing.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Motion: I move that the town vote to approve article no. 15 as printed in
the warrant.
Action: Adopted Unanimously.
AMENDMENT TO ZONING BYLAW / COMMERCIAL PARKING LOT OR
STRUCTURE
ARTICLE NO. 16: To see if the Town will vote to amend the Code of the
Town of Brewster, Massachusetts by amending chapter 179, Section 179-2.(B).
to include the following new definition placed in alphabetical order:
Commercial Parking Lot or Structure – A lot or a group of lots or a
structure, whose purpose is to provide vehicular parking for six or more
vehicles. The lot or group of lots or structure may be used to provide
parking for an adjacent building or business establishment or athletic
facility or any other type facility enumerated in Section 179-22.A, Table
4. The area(s) on a lot whose principal use is not as a parking lot but as
a facility for which parking must be provided under the requirements of
Section 179-22 of the Code of the Town of Brewster shall not be
considered as a “Parking Facility”. Parking facilities shall not be
established in residential zones.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board )
Motion: I move that the town vote to approve article no. 16 as printed in
the warrant.
Action: Adopted Unanimously.
AMENDMENT TO ZONING BYLAW / RETAIL AND SERVICES
ARTICLE NO. 17: To see if the Town will vote to amend the Code of the
Town of Brewster, Massachusetts by amending Chapter 179, Article IV, Section
179-11.B, Table 1 use Regulations, by deleting under Retail and Services the
line designated: “22. Commercial parking Lot or Structure” in its entirety and
by inserting in its place the following new language in a new Paragraph 22. as
follows:
Delete as currently written
R-R R-L R-M C-H V-B I MRD CT
22. Commercial parking Lot -- -- -- P -- P -- --
or Structure”
and insert new language
R-R R-L R-M C-H V-B I MRD CT
22. Commercial Parking Lot -- -- -- S S S S
or Structure”
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
Motion: I move that the town vote to approve article no. 17 as printed in
the warrant.
Action: Adopted Unanimously.
AMENDMENT TO ZONING BYLAW / PARKING AND LOADING REQUIREMENT
TABLES
ARTICLE NO. 18: To see if the Town will vote to amend the Code of the
Town of Brewster, Massachusetts, Chapter 179, Article VII, Section 179-22 by
adding a new paragraph under Parking and Loading Requirements Tables as
follows:
A. (1) Establishment of one or more Commercial Parking Lots or
Structure as defined in Section 179-2.B shall be construed as a change of use
under the Corridor Overlay Protection District Bylaw Section Special Permits
Uses, Section 179-66.B.(1.1) and shall be allowed only if granted a special
permit under the procedures of Section 179-66 and 179-67. The requirements
of Section 179-23 shall apply, except the SPGA may for good reason, reflected
in the record, allow a permeable surface.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
Motion: I move that the town vote to approve article no. 18 as printed in
the warrant.
Action: Adopted Unanimously.
AMENDMENT TO ZONING BYLAW / DEFINITION OF YARD
ARTICLE NO. 19: To see if the Town will vote to amend:
YARD – A portion of a lot, upon which the principal building is situated,
unobstructed artificially from the ground to the sky, except as otherwise
provided herein. A court shall not be considered to be a “yard” or any part
thereof.
Which appears as a definition in Code of the Town of Brewster, Massachusetts,
Chapter 179, Article I, Section 179-2.B., by deleting its last sentence and
leaving the definition as:
YARD—A portion of a lot, upon which the principal building is situated,
unobstructed artificially from the ground to the sky, except as otherwise
provided herein.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
Motion: I move that the town vote to approve article no. 19 as printed in
the warrant.
Action: Adopted Unanimously.
AMENDMENT TO ZONING BYLAW / DEFINITION
ARTICLE 20: To see if the Town will vote to amend the code of the
Town of Brewster, Chapter 179, also known as the Zoning Bylaws, Article I,
“General Provisions” 179-2 Definitions, Subsection B, to add the word “or
structure” after the words “building wall” in each of the following three
definitions so that they will read thereafter as follows:
Yard, Front – A space extending the full width of the lot between the front line
of the nearest building wall “or structure” and the front line.
Yard, Rear – A space, unoccupied except by an accessory structure or
accessory use as herein permitted extending for the full width of the lot,
between the rear lot line of the building wall “or structure” and the rear lot
line.
Yard, Side – An unoccupied space extending for the full length of a building
between the nearest building wall “or structure” and the side lot line.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board
Motion: I move that the town vote to indefinitely postpone consideration
of article no. 20.
Action: Adopted Unanimously.
AMENDMENT TO ZONING BYLAW / TRANSPORTATION STANDARDS
ARTICLE NO. 21: To see if the Town will vote to amend the Code of the
Town of Brewster, Massachusetts by deleting Chapter 179, Article XII, Section
179-67.A(1)in its entirety and inserting in its place the following new language
in a new Paragraph (A)(1), as follows:
A. Transportation standards.
(1) Proposed uses shall not degrade the existing levels of service of
surrounding intersections and roads, including Route 6A, below Level of
Service (LOS) C, based on summer peak-hour traffic volumes. The capacity and
level of service for Brewster's roadways and intersections surrounding Route 6A
and for Route 6A shall be computed as follows: A Base Year capacity and level
of service analysis shall be computed for the roadway network including site
driveways, site access links and intersections (if appropriate). LOS analysis
shall include heavy vehicle percentages as measured and where appropriate.
Performance indicators, such as delay, travel time, volume/capacity ratio,
queue length, and traffic density, shall be documented. These analyses shall be
performed using the most recent Highway Capacity Manual, and any updates
published by the Transportation Research Board. If computer software is used
for intersection analysis, the most recent version of Highway Capacity Software
(HCS from the McTrans Center of the University of Florida, Gainesville) shall be
used for analysis. Substitute software, such as SYNCHRO (from Trafficware of
Albany, CA) may also be used and will be considered for comparative analysis
where applicable. When the existing LOS is below LOS C, the proponent shall
maintain or improve performance indicators.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
Motion: I move that the town vote to indefinitely postpone consideration
of article no. 21.
Action: Adopted Unanimously.
FUNDING FOR THE EVALUATION OF PURCHASE OF REAL ESTATE
ARTICLE NO. 22: To see if the Town will vote to transfer from available
funds the sum of TWENTY FIVE THOUSAND AND 00/100 ($25,000.00)
DOLLARS for the purpose of investigating and making recommendations for
the purchase or real estate and for obtaining various clerical, professional,
legal, appraisal and engineering services, and to authorize the Open Space
Committee to solicit bids, enter into contracts, and expend these funds for this
purpose, or to take any other actions relative thereto.
(Majority Vote Required) (Open Space Committee)
Motion: I move that the town vote to approve article no. 22 as printed in
the warrant and to transfer the sum of $25,000.00 from Free Cash for this
purpose.
Action: Adopted.
GIFT OF STOCK
ARTICLE NO. 23: To see if the Town will vote to accept a gift of
appreciated common stock for the Stony Brook Elementary School, or to take
any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Motion: I move that the town vote to approve article no. 23 as printed in
the warrant.
Action: Adopted Unanimously.
SEMASS PARTNERSHIP AGREEMENT
ARTICLE NO. 24: To see if the Town will vote to extend the Original Term
of the January 1, 1985, “Waste Acquisition Agreement between the Town of
Brewster and SEMASS Partnership, Inc.,” from January 1, 2008 to January 1,
2015 and to authorize the Selectmen, in accordance with Sections 2.8 and 12
of said Agreement, to issue written Notice to SEMASS of its intention to so
extend the Original Term no later than January 1, 2006, or to take any other
action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Motion: I move that the town vote to approve article no. 24 as printed in
the warrant.
Action: Adopted Unanimously.
PENSION FUND
ARTICLE NO. 25: To see if the Town will vote to transfer from available
funds the sum of ONE HUNDRED AND FIFTY THOUSAND AND 00/100
($150,000.00) DOLLARS to add to the Pension Fund, or to take any other
action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Motion: I move that the town vote to approve article no. 25 as printed in
the warrant and to transfer the sum of $150,000.00 from Free Cash for
this purpose.
Action: Adopted Unanimously.
STABILIZATION FUND
ARTICLE NO. 26: To see if the Town will vote to transfer from available
funds the sum of FIVE HUNDRED THOUSAND AND 00/100 ($500,000.00)
DOLLARS to add to the Stabilization Fund, 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 no. 26 as printed in
the warrant and to transfer the sum of $500,000.00 from Free Cash for
this purpose.
Action: Adopted Unanimously.
ANY OTHER BUSINESS
ARTICLE NO. 27: To act on any other business that may legally come
before this 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.
Motion: I move that the town vote to dissolve the 2004 Fall Yearly Town
Meeting.
Action: Adopted.
A True Copy Attest:
Mildred A. Unger
Town Clerk