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HomeMy Public PortalAbout2001-11-19 Special Town Mtg Report Report of the FALL YEARLY TOWN MEETING November 19, 2001 In accordance with the Warrant the Fall Yearly Town Meeting was held in the Stonybrook Elementary School Cafetorium, Monday November 19, 2001 . The Moderator, Stephen L. Doyle, called the Meeting to order at 7:00 p.m. The Tellers were Jean Gage, Sheila Gerhardt, June Gallant, Ken Berbrick, Althea Alling, and Ben Golini. The Checkers were: Elizabeth Hardy, Ann Golini, Dorothy Leone, Mildred Unger, John Unger, Sandra Joseph, Joan Mitchell, Maureen Steinmann, and Genarro Tursi. A quorum was present. The Town Clerk, Joanna Krauss, read the Fall Yearly Town Meeting Warrant and the return of the Warrant. There being no objection, the Moderator dispensed with the reading of all the articles. COMPENSATING BALANCE AGREEMENTS / CONSENT CALENDAR ARTICLE NO 1. 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: Moved under the consent Calendar ACTION: ADOPTED CHAPTER 90 PROGRAM/ CONSENT CALENDAR ARTICLE NO. 2. To see if the Town will vote to transfer from available funds the following sum of money made available as provided under the Chapter 90 local road and highway program from the Commonwealth of Massachusetts, said funds shall be expended to repair and resurface certain town roads and their appurtenances under the direction of the Board of Selectmen: 1 , Chapter 235 of the Acts of 2000 $837061 .94 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. 1 & 2 AS PRINTED IN THE WARRANT. ACTION: ADOPTED UNPAID BILLS ARTICLE NO. 3. To see if the Town will vote to transfer from available funds the sum of ONE THOUSAND SIX HUNDRED NINE AND 00/100 ($1, 609. 00) DOLLARS to pay unpaid bills from a previous fiscal year, as follows: 1 . Visiting Nurse Association of Cape Cod $ 968 . 00 — 2. Atlantic Elevator Company $ 95 .00 3 . Medical Associates of Cape Cod $ 225 .00 4, Staff Development Resources S 149.00 5 , Staff Development Resources $ 159.00 6 , School Specialty 13 .00 Total $ 19609.00 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. 3 AS PRINTED IN THE WARRANT AND TO TRANSFER THE SUM OF $ 1 ,609. 00 FROM FREE CASH FOR THESE PURPOSES , ACTION: ADOPTED YES- 212 NO - 1 BUDGETARY TRANSFERS ARTICLE NO. 4. 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 2002 budgets of other departments, as follows : a) Transfer the sum of $8, 100.00 from Free Cash to Line Item No. 25 (Police Department Salaries) of Article No. 7 of the 2001 Annual Town Meeting; b) Transfer the sum of $4,000.00 from Line Item No. 36 (Veteran' s Services) and $3 ,500.00 from Line Item No. 31 (DPW Wages), both within Article No. 7 of the 2001 Annual Town Meeting, to Line Item No. 25 (Police Department Expenses); c) Transfer the sum of $6, 120.00 from Free Cash to Line Item No. 35 (Council on Aging Salaries) of Article No. 7 of the 2001 Annual Town Meeting; d) Transfer the sum of $ 1 ,997. 00 from within Article No. 7 of the 2001 Annual Town Meeting, Line Item No. 10 (Town Clerk Staff Wages) to Line Item No. 10 (Town Clerk Wages), for the period of July 1 , 2001 through June 30, 2002); e) Transfer the sum of $2,000.00 from within Article No. 7 of the 2001 Annual Town Meeting, Line Item No . 10 (Town Clerk Staff Wages) to Line Item No. 4 (Town Administrators ' Wages); 0 Transfer the sum of $4,000.00 from the Ambulance Receipts Reserved for Appropriation Account to Line Item No. 26 (Fire Department Expenses) of Article No . 7 of the 2001 Annual Town Meeting; g) Transfer the sum of $6,000.00 from the Ambulance Receipts Reserved for Appropriation Account to Line Item No. 11 (Elections Wages) of Article No. 7 of the 2001 Annual Town Meeting; h) Transfer the sum of $2,000.00 from the Ambulance Receipts Reserved for Appropriation Account to Line Item No. 11 (Elections Expenses) of Article No . 7 of the 2001 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. 4 AS PRINTED IN THE WARRANT, HOWEVER, THAT WE AMEND THIS ARTICLE BY ADDING, THE FOLLOWING ITEM: • I) TRANSFER THE SUM OF $2,800.00 FROM THE AMBULANCE RECEIPTS RESERVED FOR APPROPRIATION ACCOUNT TO LINE ITEM NO. 26 (FIRE DEPARTMENT EXPENSES) OF ARTICLE NO. 7 OF 2001 ANNUAL TOWN MEETING, AND TO TRANSFER THE TOTAL SUM OF $40,517.00 FOR THESE PURPOSES, ACTION: ADOPTED GOLF REVOLVING FUND ARTICLE NO. 5. To see if the Town will vote to establish a revolving fund under Section No. 53D of Chapter No. 44 of the General Laws for golf tournament service revenues and expenses for the Captains Golf Course, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I MOVE THAT THE TOWN VOTE TO APPROVE ARTICLE N0. 5 AS PRINTED IN THE WARRANT, ACTION: ADOPTED AMENDMENT TO THE TOWN CODE FOR DOG LICENSING FEES ARTICLE NO. 6. To see if the Town will vote to change the fees charged by the Town Clerk by repealing Section No. 86-3 of Article No. lI of Chapter No. 86 of the Code of the Town of Brewster, Massachusetts and by substituting therefor, but with the same code designation, the following general by-law: ANIMAL CONTROL BYLAW DEFINITIONS The following words and phrases shall have the following meanings: • KEEPER: any person, other than the owner, harboring or having in his possession any dog. • LICENSE PERIOD : between April 1 and March 31 , both dates inclusive. • MULTIPLE PET HOUSEHOLD : more than three (3) dogs over the age of six (6) months of age at a single private residence. SECTION ONE Any person residing in the Town of Brewster who, at the beginning of the license period (April 1 to March 31 ), or who during the license period becomes the owner or keeper of a -- dog six (6) six months old or over, shall cause the dog to be licensed within thirty (30) days. On the license form, the Town Clerk shall record the name, address, phone number of the owner or keeper of the dog, and the name, license number, breed, age and date of rabies expiration. The name of the Town and the year will also be printed on the tag. The owner or keeper shall cause the dog to wear around its neck or body a collar or harness to which he shall securely attach the license tags. In the event that any tag is lost, defaced, or destroyed, the owner or keeper shall obtain substitute tags from the Town Clerk at the cost of one dollar. The Town Clerk shall not issue a license for any dog unless the owner or keeper provides the Town Clerk with a veterinarian 's certificate verifying that the dog is currently vaccinated against rabies. The fee for each dog license shall be twelve ( 12) dollars unless it is accompanied by a certificate from a veterinarian stating that the dog has been spayed or neutered, in which case the fee shall be six (6) dollars. No fee shall be charged for a dog specially trained to lead the blind or serve a blind or deaf person upon presentation to the Town Clerk of a certificate of such training. The Town Clerk shall collect a late fee often ( 10) dollars for every dog license issued after the thirty day period. Any owner or keeper of a dog who moves into the Town of Brewster and has a valid license for his/her dog from another city or town in the Commonwealth may obtain a dog license, upon forfeiture of the old license, for one ( 1 ) dollar. VIOLATION AND PENALTIES Whoever as owner or keeper of a dog, fails to license such dog later than the thirty (30) days after a license period begins shall be subject to a fine of twenty five (25) dollars. SECTION TWO KENNEL LICENSES Any owner or keeper of more than three (3) dogs, but less that seven (7), shall obtain a kennel license for a multiple pet household upon payment of fifty (50) dollars. The owner or keeper shall present the Town Clerk verification that all dogs six (6) months or older have been currently immunized against rabies. VIOLATIONS AND PENALTIES Any person who violates the provisions of this section one shall receive a written warning for the offense, and for each subsequent offense shall be liable for a payment of a fine of twenty-five (25) dollars. SECTION THREE RESTRAINING OF DOGS All dogs owned or kept within the Town of Brewster shall at all times be kept securely restrained by means of a suitable leash, rope or chain which effectively confines the dog to the property owned, occupied or controlled by the dogs owner or keeper, provided, however a dog in the presence of its owner or keeper or responsible person having charge thereof and under the control of said person, need not be restrained by means of a rope, Whoever as owner or keeper fails to restrain his/her dog shall be subject to a fine of twenty- five (25) dollars and to act fully thereon. 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, 6 AS PRINTED IN THE WARRANT, HOWEVER THAT WE MAKE THE FOLLOWING AMENDMENTS : A) AMEND THE FIRST SENTENCE OF SECTION 1 TO ESTABLISH AN IMPLEMENTATION DATE OF JANUARY 1 , 2003 . B) AMEND SECTION 2, (VIOLATIONS AND PENALTIES) TO ELIMINATE THE WORD "ONE" IN THE FIRST SENTENCE. C) AMEND SECTION 2, (KENNEL LICENSES) TO ELIMINATE THE WORD "BUT LESS THAT SEVEN (7)" IN THE FIRST LINE, D) AMEND SECTION THREE, (RESTRAINING OF DOGS) TO READ AS FOLLOWS : ALL DOGS OWNED OR KEPT WITHIN THE TOWN OF BREWSTER SHALL AT ALL TIMES BE KEPT SECURELY RESTRAINED BY MEANS OF A SUITABLE LEASH, ROPE, CHAIN, OR OTHER REASONABLE METHOD WHICH EFFECTIVELY ECT . . . MOTION ON THE FLOOR: I MOVE THAT THE LATE FEE OF $ 10.00 AND THE FINE OF $25 .00 BE ELIMINATED FROM THIS MOTION. ACTION: DEFEATED MAINMOTIONACTION: ADOPTED CAPITAL EXPENDITURES ARTICLE NO. 7. To see if the Town will vote to raise and appropriate and/or 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 2002 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 said equipment or services as the case may be: TRANSFER FROM AVAILABLE ITEM DEPARTMENT FUNDS 1 Department of Public Works a. Transfer Station Trailer Replacement $ 559000.00 b. Front-End Loader Replacement $ 1059000. 00 C, Landfill Monitoring Program $ 25,000.00 2 Golf Department a. Triplex Rough Mower Replacement $ 27,000. 00 b. Tee & Approach Mower Replacement $ 20,000.00 C' Intemet Reservation System S 6,000.00 3 Board of Selectmen a. Town Offices Annex Repair Project $ 20,000.00 b. Fuel Facility Repair Project $ 7,000.00 4 Recreation Denartment a. Tennis/Basketball Court Rehabilitation $ 30,000.00 5 Information Technology a. Computer Upgrade and Replacement $ 41 ,000.00 6 Elementary School Denartment a. School Crosswalk Improvement $ 3 ,000.00 b. Parking Lot Drainage Improvements $ 10,000. 00 C. Technology Program $ 51 ,000.00 d. Ventilation System Improvements $ 21 ,000. 00 e. Sidewalk Repair Program $ 9,000.00 f. Interior Painting Project $ 7,500.00 7 Fire Denartment a. Defibrillators (2 units) $ 6,500. 00 b. Engine No. 234 Water Tank Replacement $ 9,500.00 8 Natural Resources a. Conservation Land Maintenance Expense S 4,000.00 9 Stonvbrook Gristmill Building a. Building Repairs and Improvements S 23,600.00 Total $481 , 100. 00 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. 7 AS PRINTED IN THE WARRANT, HOWEVER THAT, • ITEM NO, 6E. (ELEMENTARY SCHOOL SIDEWALK REPAIR REPLACEMENT) BE DELETED AND THE APPRORIATION BE AMENDED FROM THE SUM OF $95000. 00 TO $0.002 AND; • ITEM NO. 7A. (FIRE DEPARTMENT DEFIBRILLATOR) BE REDUCED FROM TWO TO ONE UNIT AND THE APPROPRIATION BE AMENDED FROM THE SUM OF $6,500.00 TO $3 ,700. 00; AND TO APPROPRIATE THE AMENDED TOTAL SUM OF $469,300.00 FOR THESE PURPOSES, AND IN ORDER TO APPROPRIATE THIS AMENDED TOTAL SUM THAT THE TOWN TRANSFERS THE SUMS OF $403 , 100.00 FROM FREE CASH, $53 ,000. 00 FROM THE GOLF RECEIPTS RESERVED FOR APPROPRIATION ACCOUNT, AND $ 137200. 00 FROM THE AMBULANCE RECEIPTS RESERVED FOR APPROPRIATION ACTION: ADOPTED GASB NO. 34 PROFESSIONAL SERVICES ARTICLE NO. 8. To see if the Town will vote to transfer from available funds the sum of EIGHT THOUSAND AND 00/100 ($8, 000. 00) DOLLARS to contract with a private vendor for professional services to assist with the implementation of the new guidelines under GASB No. 34 and/or fixed assets and to authorize the Town Administrator to solicit proposals, enter into contracts and expend said funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I MOVE THAT THE TOWN VOTE TO APPROVE ARTICLE NO. 8 AS PRINTED IN THE WARRANT AND TO TRANSFER THE SUM OF $8,000.00 FROM FREE CASH FOR THIS PURPOSE. ACTION: ADOPTED PROFESSIONAL VALUATIONSERVICES ARTICLE NO. 9. To see if the Town will vote to transfer from available funds the sum of TWENTY THOUSAND AND 00/100 ($20, 000. 00) DOLLARS to contract with a private vendor for professional valuation services, such sum to be expended under the direction of the Board of Assessors, to provide oversight and assistance in creating the statistical analysis required by the Deputy Assessor in performing an interim-year adjustment, or to take any other action relative thereto. (Majority Vote Required) (Board of Assessors) MOTION: I MOVE THAT THE TOWN VOTE TO APPROVE ARTICLE NO. 9 AS PRINTED IN THE WARRANT AND TO TRANSFER THE SUM OF $20,000.00 FROM FREE CASH FOR THIS PURPOSE. ACTION: DEFEATED TRIENNIAL REVALUA TON OF REAL AND PERSONAL PROPERTY ARTICLE NO. 10. To see if the Town will vote to transfer from available funds the sum of FIFTEEN THOUSAND AND 00/100 ($15, 000. 00) DOLLARS to perform the triennial revaluation of real and personal property in the Town of Brewster 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, or to take any other action relative thereto. (Majority Vote Required) (Board of Assessors) MOTION: I MOVE THAT THE TOWN VOTE TO APPROVE ARTICLE NO, 10 AS PRINTED IN THE WARRANT AND TO TRANSFER THE SUM OF $ 15 ,000.00 FROM FREE CASH FOR THIS PURPOSE. ACTION: ADOPTED SEPTIC SYSTEM UPGRADE PROGRAM ARTICLE NO. Il. To see if the Town will vote to appropriate the sum of TWO- HUNDRED THOUSAND AND 00/100 ($200, 000. 00) DOLLARS for the purpose of making loans to residents of the town for repairing, replacing and/or upgrading residential septic systems pursuant to agreements between the Board of Health and residential property owners, including all 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 not in excess of that sum, under and pursuant to Chapter No. 111 , Section No. 127B %z of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefore, and to enter into any and all agreements with the Massachusetts Water Pollution Abatement Trust in connection therewith or otherwise, or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Health) MOTION: I MOVE THAT THE TOWN VOTE TO APPROPRIATE THE SUM OF $200,000. 00 FOR THE PURPOSE OF MAKING LOANS TO RESIDENTS OF THE TOWN FOR REPAIRING, REPLACING AND/OR UPGRADING RESIDENTIAL SEPTIC SYSTEMS PURSUANT TO AGREEMENTS BETWEEN THE BOARD OF HEALTH AND RESIDENTIAL PROPERTY OWNERS, INCLUDING THE PAYMENT OF ALL 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 NOT IN EXCESS OF THAT SUM, UNDER AND PURSUANT TO CHAPTER 111 , SECTION 127B 1 /2 OF THE MASSACHUSETTS GENERAL LAWS, OR ANY ENABLING AUTHORITY, AND TO ISSUE BONDS OR NOTES OF THE TOWN THEREFOR, AND TO ENTER INTO ANY AND ALL AGREEMENTS WITH THE MASSACHUSETTS WATER POLLUTION ABATEMENT TRUST IN CONNECTION THEREWITH. ACTION: ADOPTED YES- 197 NO- 1 ABSTAIN- 7 FIRE DEPARTMENT STAFFING REQUEST ARTICLE NO. 12. To see if the Town will vote to authorize the funding and creation of two (2) Firefighter Paramedic positions within the Fire Department and related benefit expenses and to transfer from the Ambulance Receipts Reserved for Appropriation Account the sum of SIXTY-FIVE THOUSAND AND 00/100 ($65, 000. 00) DOLLARS for this purpose, however, that these monies shall not be raised and appropriated under this vote unless the Town votes at a Regular or Special Town Election to exempt this sum of money from the limitations of Proposition 2 '/2, so-called, or to take any other action relative thereto. (Majority Vote Required) (Fire Chief) MOTION: I MOVE THAT THE TOWN VOTE TO APPROVE ARTICLE NO. 12 AS PRINTED IN THE WARRANT AND TO TRANSFER THE SUM OF ($65 ,000.00) DOLLARS FROM THE AMBULANCE RECEIPTS RESERVED FOR APPROPRIATION ACCOUNT FOR THIS PURPOSE, HOWEVER THAT THIS APPROPRIATION IS CONTINGENT UPON THE TOWN VOTING AT A REGULAR OR SPECIAL TOWN ELECTION AT A LATER DATE FOR FURTHER ADDITIONAL MONIES, SAID ADDITIONAL MONIES TO BE EXEMPT FROM THE LIMITATIONS OF PROPOSITION 2 ''/z, SO-CALLED. - ACTION: ADOPTED SENIOR CITIZEN PROPERTY TAX WORK-OFF ABATEMENT ARTICLE NO. 13. To see if the Town will vote to adopt the provisions of the General Laws, Chapter No. 59, Section No. 5K, the "Senior Citizen Property Tax Work-Off Abatement", to become effective January 1 , 2002 for Fiscal Year 2003 , such acceptance being revocable under the provisions of the General Laws, Chapter No. 4, Section No. 4B, after January 1 , 2005 , or to take any other action relative thereto. (Majority Vote Required) (Board of Assessors/Council on Aging) MOTION: I MOVE THAT THE TOWN VOTE TO APPROVE ARTICLE N0, 13 AS PRINTED IN THE WARRANT, ACTION: ADOPTED CONSERVATION FUND ARTICLE NO. 14. To see if the Town will vote to transfer from available funds the sum of FIVE THOUSAND AND 00/100 ($5, 000. 00) DOLLARS to be added to the Conservation Fund, or to take any other action relative thereto. (Majority Vote Required) (Conservation Commission) MOTION: I MOVE THAT THE TOWN VOTE TO APPROVE ARTICLE NO, 14 AS PRINTED IN THE WARRANT AND TO TRANSFER THE SUM OF $5 ,000.00 FROM FREE CASH FOR THIS PURPOSE, ACTION: ADOPTED ESTABLISHMENT OF A CAPITAL INVESTMENT FUND ARTICLE NO. 15. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact the following special legislation: Capital Investment Fund Notwithstanding the provisions of any general or special law to the contrary, the Town of Brewster is hereby authorized to establish and maintain a special fund to be known as the Capital Investment Fund. Said Town of Brewster may appropriate to said fund by a majority vote at an annual or a special town meeting in any year an amount not exceeding 10 percent of the amount raised in the preceding fiscal year by taxation of real estate and tangible personal property. The aggregate amount of said fund at any time should not exceed 10 per cent of the equalized valuation of said Town of Brewster as defined in Section No. 1 0£ Chapter No . 44 of the General Laws. Any interest shall be added to and become a part of said fund. The Town Treasurer of the Town of Brewster shall be the custodian of the fund and may deposit proceeds in national banks or invest the same in such securities as are legal for the investment of funds of savings banks under the laws of the Commonwealth or in federal savings and loan associations situated in the Commonwealth. Monies in said fund may be appropriated at an annual town meeting or a special meeting by two-thirds vote. Monies in said fund may be appropriated for any purpose for which said Town of Brewster would be authorized to borrow money under Section No. 7 or 8 of Chapter No. 44 of the General Laws, other than clauses (1 ) and (2) of said Section No. 8 or said Chapter No. 44, and to pay the debt services on said projects. The Capital Planning Committee shall operate in an advisory capacity to town meeting and consider matters relating to appropriations from said fund, and may, but is not required to, make recommendations to said Town of Brewster or to any board, committee or official thereof, relative to such matters and establish policies, relative to the funding of capital projects of said Town of Brewster, and set priorities and schedules for such capital proj ects. 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 ESTABLISHMENT OF A ROAD BETTERMENT FUND ARTICLE NO. 16. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact the following special legislation: Road Betterment Fund Section 1 . Notwithstanding the provisions of Section No. 53 of Chapter No. 44 of the General Laws or any other general or special law to the contrary, the Town of Brewster is hereby authorized to establish a fund, which shall be kept separate and apart from all other monies of said town by the Town Treasurer and, in which, shall be deposited all road betterment payments received by said town. Said Town Treasurer may invest such funds in the manner prescribed in Sections No. 54 and 55 of said Chapter No. 44. Any interest earned thereon shall be credited to and become part of said fund. The principal therefrom shall be available for expenditure by the Board of Selectmen with the approval of Either a special or an annual town meeting, further appropriation for the acceptance and improvement of private ways and the improvements shall be done in accordance with the provisions of the Code of the Town of Brewster and Chapter No. 80 of the General Laws. Section 2. This act shall take effect upon its passage. 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. 16 AS PRINTED IN THE WARRANT. ACTION: ADOPTED AMENDMENT TO ZONING BY-LAW WETLANDS CONSERVANCYDISTRICTS ARTICLE NO. I Z To see if the Town will vote to amend the Brewster Zoning By-law by making the following modifications to the Code of the Town of Brewster, Massachusetts, Chapter 179, Article II, Section 179-6 Wetlands Conservancy District, B . Locations and Boundaries (2), as follows: DELETE (2) as currently written, And substitute the following: (2) Wetlands Conservancy Districts shall also include the following soil types and soil associations, the location and boundaries of which are shown by overlay map sheets 11 , 16, 17, 18 and 22 encompassing the Town of Brewster and found in the "Soil Survey of Barnstable County, Massachusetts" issued March 1993 , by the United States Department of Agriculture, Soil Conservation Service which survey is hereby made part of this chapter: Amostown (AmA); Beaches (Bh); Belgrade Silt Loam (BIB); Berryland (BmA); Boxford (BoA) (BoB); Deerfield (DeA); Dune Land (Dn); Freetown (Fm, Ft); Freetown and Swansea (Fs); Hooksan (HoC. HoD, HxQ: Ipswich, Pawcatuck and Matunuck (ImA); Maybid (MaA, MbA); Pipestone (PeA; Scitico (ScA); Sudbury (SdA); and Walpole (WvA). Soil descriptions as well as their land uses and limitations are found in this survey. Any parcels of land under this section too small to show on the aforementioned map sheets but containing soil types and associations described in the above survey shall be subject to this chapter. Disturbed areas may be accorded Wetlands Conservancy District status if an on-site investigation determines that the filled area covers a Conservancy District soil or soil association. or to take any other action relative thereto. (Two-Thirds Vote Required) (Building Commissioner) MOTION: I MOVE THAT THE TOWN VOTE TO APPROVE ARTICLE NO. 17 AS PRINTED IN THE WARRANT, HOWEVER, THAT THE REFERENCE OF "(BIB)" IN THE 9TH LINE OF SECTION (2) BE CHANGED TO "(BIB)". ACTION : ADOPTED YES- 199 NO- 26 AMENDMENT TO ZONING BFLA W SIGNREGULATIONS ARTICLE NO. 18. To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts by amending Chapter 179- 19 to include the following definition: "Welcome to Brewster" Signs — Town owned signs which will be placed at key entrances to the town, welcoming people to the town. And to amend Chapter 179-20.5 . "Regulations for Specific Types of Signs", to add: N. "Welcome to Brewster" signs. Welcome signs may be permitted at key entrances to the Town. No more than eight (8) of these signs shall be permitted town-wide. Signs must be Town-owned and will state "Welcome to Brewster". These signs may contain an insignia and the Town' s date of establishment. Signs shall not exceed ten ( 10) square feet and the top of said sign shall be no higher than six (6) feet above ground level. The sign color shall be consistent with other town facility or regulatory signs. or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Trade and Chamber of Commerce United) MOTION: I MOVE THAT THE TOWN VOTE TO APPROVE ARTICLE NO. 18 AS PRINTED IN THE WARRANT, WITH THE FOLLOWING AMENDMENTS : A) ADD TO CHAPTER 179-20.5N., AFTER "OTHER TOWN FACILITY OR REGULATORY SIGNS": FOUR SIGNS WILL BE INSTALLED AT THE FOLLOWING LOCATIONS : • ON ROUTE 6A AT THE ORLEANS-BREWSTER TOWN LINE ON THE PARCEL OF LAND IDENTIFIED ON ASSESSORS ' MAP NO, 30, PARCEL NO. 33 . • ON THE SOUTHEAST SIDE OF SLOUGH ROAD IN THE VICINITY OF THE INTERSECTION WITH SATUCKET ROAD. • ON THE CAPE COD RAIL TRIAL AT THE ORLEANS-BREWSTER TOWN LINE. • ON THE EAST SIDE OF ROUTE 124 IN THE VICINITY OF THE CAPE COD RAIL TRAIL AND THE HARWICH-BREWSTER TOWN LINE. ACTION: ADOPTED YES- 196 NO- 12 AMENDMENT TO ZONING BY-LAW NORTH-AMERICAN STANDARD INDUSTRIAL CLASSIFICATION ARTICLE NO. 19 To see if the Town will vote to amend Brewster' s zoning bylaw by DELETING from the Code of the Town of Brewster, Massachusetts, Chapter 179, Article I, Section 179-2.A., the words: "Standard Industrial Classification Manual published by the Executive Office of the President, Office of Management and Budget" and substituting therefor the following words: "North American Standard Industrial Classification Manual published by the Executive Office of the President, Office of Management and Budget, 1997 edition" 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: DEFEATED YES- 70 NO- 171 ABSTAIN- 25 AMENDMENT TO ZONING BY-LAW LODGING HOMES J ARTICLE NO. 20. To see if the Town will vote to amend Brewster' s zoning bylaw by deleting from the Code of the Town of Brewster, Massachusetts, Chapter 179, Article I, Section 179-2 B. the current definition of LODGING HOUSE and by substituting therefor, the following NEW definition of LODGING HOUSE and by adding, in proper alphabetical order, NEW definitions of COMMERCIAL ACCOMMODATION, TRANSIENT GUEST(S) and GUEST UNITS, as follows: COMMERCIAL ACCOMMODATIONS - Premises for rental to one or more transient guest(s) not living as a single housekeeping unit; these premises include, but are not limited to, lodging houses, motels, hotels or inns. GUEST UNIT - A room or suite of rooms which is located in a commercial accommodation and which is suitable for rental by one or more transient guest(s). LODGING HOUSE - A principal structure, designed and built for single family use and existing on a lot as of January 1 , 1950, which may provide guest units (not more than 12) for the use of one or more individuals not living as a single housekeeping unit, but sharing a common dining facility. This definition includes bed and breakfast inns, boarding houses, and tourist homes. TRANSIENT GUEST(S) - Paying guest(s) who stay at a commercial accommodation and whose stay is no longer than six (6) consecutive weeks nor more than forty-two (42) calendar days in any twelve month period. or to take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) MOTION: I MOVE THAT TOWN VOTE TO INDEFINITELY POSTPONE CONSIDERATION OF ARTICLE NO, 20, ACTION: ADOPTED OPEN SPACE LAND ACQUISITION ARTICLE 27. To see if the Town will vote to authorize the Board of Selectmen to acquire a portion of the land which is designated on Brewster Assessor' s Map No. 34, as Parcel No. 41 , and all of the land which is designated on Brewster Assessor' s Map No. 34, as Parcel No. 12, which parcels are further described in the Deeds recorded at the Barnstable County Registry of Deeds in Deed Book 1920, Page 84, Deed Book 1920, Page 86, and Deed Book 4630, Page 340, and which comprise 46.45 acres, more or less, located off Long Pond Road (Route 137) in the Town of Brewster, Barnstable County, Massachusetts; to acquire one parcel in calendar year 2002 and to acquire the other parcel in calendar year 2004; to acquire said parcels by gift, purchase or eminent domain taking under Massachusetts General Laws, Chapter No. 79, or any other enabling authority, for uses defined by Chapter No. 293 of the Acts of 1998, also known as an Act Relative to the Establishment of the Cape Cod Open Space Land Acquisition Program (hereinafter, "the Act"); to appropriate a sum of money 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 a sum of money in calendar year 2002 and a sum of money in calendar year 2004, in anticipation of repayment by the receipt of future monies collected in accordance with the Act, pursuant to the provisions of the Massachusetts General Laws, Chapter No. 44, Section No. 7(3), and any other enabling authority, and to issue bonds and/or notes of the Town therefor; to transfer from available funds a sum of money for the purpose of paying 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 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, 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; and to authorize the Conservation Commission to assume the care, custody, control and management of this property; 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 21 AS PRINTED IN THE WARRANT AND THE BOARD OF SELECTMEN IS HEREBY AUTHORIZED TO ACQUIRE A PORTION OF THE LAND WHICH IS DESIGNATED ON BREWSTER ASSESSORS ' MAP NO. 34, AS PARCEL NO, 41 , PARCEL NO, 12 AND PARCEL NO, 12A, WHICH PARCELS ARE FURTHER DESCRIBED IN THE DEEDS RECORDED AT THE BARNSTABLE COUNTY REGISTRY OF DEEDS IN DEED BOOK 1920, PAGE 84, DEED BOOK 1920, PAGE 86, AND DEED BOOK 4630, PAGE 340, AND WHICH COMPRISES 46.30 ACRES, MORE OR LESS, LOCATED OFF LONG POND ROAD (ROUTE 137) IN THE TOWN OF BREWSTER, BARNSTABLE COUNTY, MASSACHUSETTS ; THAT THE BOARD OF SELECTMEN IS HEREBY AUTHORIZED TO ACQUIRE ONE OF SUCH PARCELS IN CALENDAR YEAR 2002 AND TO ACQUIRE THE OTHER SUCH PARCEL IN CALENDAR YEAR 2004; THAT THE BOARD OF SELECTMEN IS HEREBY AUTHORIZED TO ACQUIRE SAID PARCELS BY GIFT, PURCHASE OR EMINENT DOMAIN TAKING UNDER MASSACHUSETTS GENERAL LAWS, CHAPTER NO, 79, OR ANY OTHER ENABLING AUTHORITY, FOR USES DEFINED BY CHAPTER NO, 293 OF THE ACTS OF 1998, ALSO KNOWN AS AN ACT RELATIVE TO THE ESTABLISHMENT OF THE CAPE COD OPEN SPACE LAND ACQUISITION PROGRAM (HEREINAFTER, "THE ACT") ; THAT THE SUM OF $27788,000.00 IS HEREBY APPROPRIATED TO PAY FOR THE COST OF THIS ACQUISITION, TOGETHER WITH ALL OTHER COSTS INCIDENTAL AND RELATED THERETO; THAT TO MEET THIS APPROPRIATION, THE TOWN VOTE TO TRANSFER THE SUM OF $ 11071 ,429 .00 FROM THE LAND BANK FUND, FURTHERMORE, THAT THE TOWN TREASURER, WITH THE APPROVAL OF THE BOARD OF SELECTMEN, IS HEREBY AUTHORIZED TO BORROW THE SUM OF $ 1 ,706,571 .00 IN ACCORDANCE WITH THE ACT AND PURSUANT TO THE PROVISIONS OF THE MASSACHUSETTS GENERAL LAWS, CHAPTER NO. 44, SECTION NO. 7(3), AND ANY OTHER ENABLING AUTHORITY, AND TO ISSUE BONDS AND/OR NOTES OF THE TOWN THEREFOR; THAT THE SUM OF $ 10,000.00 IS HEREBY TRANSFERRED FROM FREE CASH FOR THE PURPOSE OF PAYING 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 IS HEREBY AUTHORIZED TO APPLY FOR, ACCEPT AND EXPEND ANY FUNDS WHICH MAY BE PROVIDED BY THE COMMONWEALTH OR ANY OTHER SOURCE TO DEFRAY A PORTION OR ALL OF THE COSTS OF ACQUIRING THIS PROPERTY, 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; AND THIS PROPERTY, THAT THE CONSERVATION COMMISSION IS HEREBY AUTHORIZED TO ASSUME THE CARE, CUSTODY, CONTROL AND MANAGEMENT OF ACTION: ADOPTED YES- 346 NO- 27 OPEN SPACE LAND ACQUISITION ARTICLE NO. 22. To see if the Town will vote to authorize the Board of Selectmen to acquire a parcel of land which is designated on Brewster Assessor' s Map No. 22, as Parcel No. 26-7, located off Route 6A, in the Town of Brewster, Barnstable County, Massachusetts, which parcel is further described in the deed registered at the Barnstable County Registry of Districts of the Land Court as Document No. 429,609 and shown as Lot 7 on Land Court Plan No. 15690D, comprising 3 .3 acres, more or less, to acquire said parcel by gift, purchase or eminent domain taking under Massachusetts General Laws, Chapter No. 79, or any other enabling authority, for uses defined by Chapter No. 293 of the Acts of 1998 , also known as an Act Relative to the Establishment of the Cape Cod Open Space Land Acquisition Program (hereinafter, "the Act"); to appropriate a sum of money 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 a sum of money in anticipation of repayment by the receipt of future monies collected in accordance with the Act, pursuant to the provisions of the Massachusetts General Laws, Chapter No. 44, Section No. 7(3), and any other enabling authority, and to issue bonds and/or notes of the Town therefor; to transfer from available funds a sum of money for the purpose of paying 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 to apply for, accept and expend any funds which may be provided by the Commonwealth or some ARTICLE NO. 24* To see if the Town will vote to authorize the Board of Selectmen to convey by deed, with appropriate affordable housing deed restrictions, to an income-qualified Brewster family of low or moderate income, at a sales price not to exceed the current maximum limit set forth in the Local Initiative Program Guidelines for Communities, a set of guidelines promulgated by the Massachusetts Department of Housing. Communities and Development (the "HCD"), the town-owned property located on Hazel Lane, Brewster, Barnstable County, Massachusetts, which property is depicted as Lot 127 on Brewster Assessor' s Map 35, and which is more further described in the Deed recorded at the Barnstable County Registry of Deeds in Deed Book 5356, Page 331 ; to authorize the Board of Selectmen to accept a gift of construction services, including all labor, materials and permitting costs, for the construction of a single-family residential dwelling to be constructed on said property; to authorize the Board of Selectmen to negotiate and enter into a construction contract for this purpose; to authorize the Board of Selectmen to negotiate and enter into a Purchase and Sales Agreement for this purpose; to authorize the Board of Selectmen to negotiate and enter into any necessary contracts with non-profit organizations for services in connection with conducting an affordable housing lottery and overseeing the construction process for this project; to appropriate and transfer from available sums a sum of money to pay the non-profit organization for those services; to authorize the Board of Selectmen 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 services of the non- profit organization; to authorize the Board of Selectmen to retain all proceeds realized from the sale of the improved property for expenditure on future affordable housing projects; and to take any other action relative thereto." (Two-Thirds Vote Required) (Board of Selectmen) MOTION : I MOVE THAT TOWN VOTE TO INDEFINITELY POSTPONE CONSIDERATION OF ARTICLE NO, 24, ACTION: ADOPTED PENSION FUND ARTICLE NO. 25. To see if the Town will vote to transfer from available funds a sum of money 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 $350,000.00 FROM FREE CASH FOR THIS PURPOSE, ACTION: ADOPTED STABILILIZA TION FUND ARTICLE NO. 26. To see if the Town will vote to add a sum of money to the Stabilization Fund and to transfer from available funds a sum of money for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I MOVE THAT THE TOWN VOTE TO APPROVE ARTICLE NO. 26 AS PRINTED IN THE WARRANT AND TO TRANSFER THE SUM OF $500,000.00 FROM FREE CASH FOR THIS PURPOSE. ACTION: ADOPTED ANY OTHER BUSINESS ARTICLE 2Z To act on any other business that may legally come before this meeting. (Majority Vote Required) (Board of Selectmen) MOTION : I MOVE THAT THE TOWN VOTE TO ADJOURN THE 2001 FALL YEARLY TOWN MEETING ACTION: ADOPTED TRUE COPY ATTEST