HomeMy Public PortalAbout2001-11-19 Special Town Mtg Warrant FALL YEARLY TOWN MEETING
NOVEMBER 19, 2001
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 warn the inhabitants of the Town of Brewster, qualified to
vote in Town affairs, to meet at the Stony Brook Elementary School Cafetorium,
on Monday the nineteenth day of November, 2001 next at 7 : 00 p. m . o'clock in
the evening, then and there to act upon the following articles :
COMPENSATING BALANCEAGREEMENT5/ 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)
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 $831061 . 94
or to take any other action relative thereto.
( Majority Vote Required) ( Board of Selectmen)
UNPAID BILLS
ARTICLE NO, 3, To see if the Town will vote to transfer from available
funds the sum of ONE THOUSAND SIX HUNDRED NINEAND 00/100
($1,609, 00) DOLLARSto 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 $ 149 . 00
5 . Staff Development Resources $ 159 . 00
6. School Specialty $ 13 . 00
Total $ 11609 . 00
or to take any other action relative thereto.
(Nine-Tenths Vote Required) ( Board of Selectmen)
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) ;
f) 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)
GOLF REVOL VING 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)
AMENDMENT TO THE TOWN CODE FOR DOG LICENSING FEES
ARTICLENO, 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. II 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
LICENSE FEES AND PENALTIES
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 of ten ( 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.
VIOLA TIONSAND 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, leash or chain or confined to
the property of such person so long as such control is effective in preventing the
dog from damaging property or harassing persons.
VIOLA77ONSAND PENALTIES
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)
CAPITAL EXPENDITURES
ARTICLENO. 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 Deoartment of Public Works
a . Transfer Station Trailer Replacement $ 55,000 . 00
b . Front-End Loader Replacement $ 1051000 . 00
c. Landfill Monitoring Program $ 25,000 .00
2 Golf Deoartment
a . Triplex Rough Mower Replacement $ 27,000 . 00
b. Tee & Approach Mower Replacement $ 20,000 . 00
c. Internet Reservation System $ 61000 . 00
3 Board of Selectmen
a . Town Offices Annex Repair Project $ 201000. 00
_ b. Fuel Facility Repair Project $ 7,000 . 00
4 Recreation Deoartment
a . Tennis/Basketball Court Rehabilitation $ 30,000 . 00
5 Information Technoloov
a . Computer Upgrade and Replacement $ 41,000 . 00
6 Elementary School Deoartment
a . School Crosswalk Improvement $ 31000 . 00
b . Parking Lot Drainage Improvements $ 10,000 .00
c. Technology Program $ 511000 . 00
d . Ventilation System Improvements $ 21 ,000 .00
e. Sidewalk Repair Program $ 91000 . 00
f. Interior Painting Project $ 71500 . 00
7 Fire Deoartment
a . Defibrillators (2 units) $ 6,500 . 00
b . Engine No. 234 Water Tank Replacement $ 91500 . 00
8 Natural Resources
a . Conservation Land Maintenance Expense $ 41000 . 00
9 Stonvbrook Gristmill Building
a . Building Repairs and Improvements $ 21600 . 00
Total $ 481 , 100 . 00
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen )
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 ($84'000.00) 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)
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 ($201000.00)
DOLLARSto 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)
TRIENNIAL REVALUA TON OFREAL 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)
DOLLARSto 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)
SEPTIC SYSTEM UPGRADE PROGRAM
ARTICLE NO. 11, To see if the Town will vote to appropriate the sum of
TWO-HUNDRED THOUSAND AND 00/100 ($200,000. 00) DOLLARSfor
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
1/2 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)
j 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) DOLLARSfor 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 1/2, so-called, or to take any other
action relative thereto.
( Majority Vote Required ) (Fire Chief)
SENIOR CITIZEN PROPERTY TAX WORK-OFFASATEMENT
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)
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)
ESTABLISHMENT OFA 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 of 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 projects.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
ESTABLISHMENT OFA 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)
AMENDMENT TO ZONING BY-LAW
WETLANDS CONSERVANCYDISTRICTS
ARTICLENO, 1Z 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
(B1B); 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)
AMENDMENT TO ZONING BYLAW
SIGN REGULATIONS
ARTICLE NO. IB. To see if the Town will vote to amend the Code of the
Town of Brewster, Massachusetts by amending Chapter 17949 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)
AMENDMENT TO ZONING SY-LAW
NORTH AMERICAN STANDARD INDUSTRIAL CLASSIFICATION
ARTICLENO. 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 )
AMENDMENT TO ZONING SY-LAW
LODGING HOMES
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 )
OPEN SPACE LAND ACQUISITION
ARTICLE21, 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's ; 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)
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's; 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 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)
WATER QUALITY GRANT FOR LONG POND
ARTICLE NO. 23. To see if the Town will vote to transfer from available
funds the sum of THIRTY THOUSAND AND 00/100 ($301000. 00)
DOLLARSin order to provide for the Town 's share of costs associated with a
program to improve water quality on Long Pond, in cooperation with the Town of
Harwich and the Cape Cod Commission, to authorize participation in a grant
program offered through the Commonwealth of Massachusetts, and to authorize
the Town Administrator to solicit bids and/or proposals, enter into a contract or
contracts, accept grant and gift proceeds and expend said funds for this purpose,
or to take any other action relative thereto.
( Majority Vote Required) (Board of Selectmen)
TRANSFER OF LAND/AFFORDABLE HOUSING
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)
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 )
STABILILIZ47TON 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)
ANY OTHER BUSINESS
AR7ICLE27. 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 .
SPECIAL TOWN ELECTION
WARRANT
FEBRUARY S. 2002
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 warn the inhabitants of Brewster who are
qualified to vote in Town affairs to meet at the Brewster Town Offices,
2198 Main Street, in said Brewster on TUESDAY, the FIFTH DAY OF
FEBRUARY, 2002, then and there to vote on the following question :
Question 1
Shall the Town of Brewster be allowed to assess an additional
$ 144,000.00 in real estate and personnel property taxes for the
purpose of creating two new firefighter/ paramedic positions with
associated benefit expenses for the Fire Department for the fiscal year
beginning 7uly first two thousand and two?
YES NO
The polls will open at 7 : 00 o'clock a . m . and close at 8 : 00 o'clock p. m .
And you are directed to serve this Warrant by posting attested copies
thereof in at least six (6) public places in different parts of town at
least twenty-one days before the time of holding said election .
Hereof fail not, and make due return of the Warrant with your doings
thereon to the Town Clerk at the time and place of aforesaid election .
Given under our hands and seal of the Town of Brewster hereto affixed
this SEVENTEENTH day of DECEMBER, 2001.
A true copy, ATTEST:
Roland W. Bassett /1
Constable me� —
Peter G . Norton, Chairman
l
Grego klevasseur, Vice-Chairman
11bert B. Hirsc�an�Clerk
'
Sfen redge
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Given under our hand and Seal of the Town of Brewster
affixed this fifteenth day of October, 2001 .
-oat
Peter G . Norton,. Chairman
C
Grec/%�Levasseur, Vice-Chairman
{
Robert B.JiTschman, Clerk
Stevn W. � r ge
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JohMitchell
And you are hereby dire d to serve this Warrant with your
doings thereon to the Town Clerk at the time and place of said meeting as
aforesaid .
I, Roland W. Bassett, duly qualified Constable for the Town
of Brewster, hereby certify that I served the Warrant for the Fall Yearly Town
Meeting of November 19, 2001 by posting attested copies thereof, in the
following locations in the Town on the f T day of October, 2001 .
Brewster Town Offices
Brewster Farms
Brewster General Store
Brewster Ladies Library
Brewster Pizza House
Millstone Liquors
U . S. Post Office
ire G 11jIA�4101 {
Boland W. Bassefi, Constable