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HomeMy Public PortalAbout2002-05-06- Annual Town Mtg ReportReport of the Annual Town Meeting May 6 and 7, 2002 In accordance with the Warrant, the Annual Town Meeting was held in the Stonybrook Elementary School Cafetorium, Monday May 6, 2002. The Meeting was reconvened May 7, 2002. Both Meetings were called to order at 7:00 p.m. by the Moderator, Stephen L. Doyle. The Tellers were, Jean Gage, Althea Alling, Ken Berbrick, Sheila Gerhardt, June Gallant, and Ruth Hanlon. The Checkers were, Mitzi Unger, Sandra Jospeh, Ann Golini, Maureen Steinmann, Dorothy Leone, Joan Mitchell, Liz Hardy and Nancy Berbrick. A quorum was present on both nights. The Town Clerk, Joanna Krauss, read the Town Meeting Warrant and the return of the Warrant. There being no objection, the Moderator dispensed with the reading of all the articles. ANNUAL REPORT/CONSENT CALENDAR ARTICLE NO. 1: To act upon the Annual Town Report of the Board of Selectmen, Town Officers and other Special Committees, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY This article provides for acceptance of the 2001 Annual Town Report, and any other reports, which various boards and committees may wish to present to the 2002 Annual Town Meeting. BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED HERRING FISHERIES/CONSENT CALENDAR ARTICLE NO. 2: To see if the Town will vote to take no action regarding its Herring or Alewife Fishery, or to take any other action relative thereto. (Majority Vote Required) (Alewife Committee) SUMMARY This is an annual article that seeks to determine what action the town may wish to take concerning the alewife fishery. This issue must be reviewed annually by town meeting. As in the past due to the fragile nature of this resource it will be recommended that no action be taken on this resource. BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED COMPOST BIN GRANT REVOLVING FUND/CONSENT CALENDAR ARTICLE NO. 3: To see if the Town will vote, pursuant to General Laws, Chapter No. 44, Section No. 53E1/2, as amended, to reauthorize the establishment and maintenance of a revolving fund for the continuance of the composting bin account program; to authorize the deposit of revenues from the sale of compost bins into the revolving fund; to authorize the Town Administrator to expend from these funds, for the purchase of additional compost bins, an amount not exceeding the funds on deposit in the account and, in no event, more than the statutory limit; and to authorize the Town Administrator during the ensuing fiscal year to enter into contracts for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY The Town received a grant from the Commonwealth of Massachusetts to sell compost bins on a reduced cost basis several years ago. The revenues from the sale of the compost bins are used to purchase additional units. This, so-called, revolving fund must be authorized on an annual basis until the grant proceeds are exhausted. Alternatively, the remaining fund balance within the account will be returned to the Commonwealth of Massachusetts. BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Articles no. 1, 2 and 3 as printed in the warrant. ACTION: Adopted INDEFINITE POSTPONEMENTS MOTION: I move that the town vote to indefinitely postpone consideration of articles: • No. 16 (Nauset Intermunicipal Agreement / Facilities Maintenance) • No. 30 (Water Quality Grant for Long Pond) • No. 32 (Boulder Road Water Main Replacement) • No. 41 (Pension Fund) • No. 42 (Stabilization Fund) ACTION: Adopted MOTION: I move that the town vote to indefinitely postpone consideration of articles: • No. 19 (Amendment to Zoning Bylaw / Accessory Buildings) • No. 36 (Amendment to Zoning Bylaw / Affordable Housing) • No. 37 (Amendment to Zoning Bylaw / Affordable Housing) • No. 38 (Amendment to Zoning Bylaw / Affordable Housing) ACTION: Adopted CAPE COD VOCATIONAL TECHNICAL SCHOOL OPERATING BUDGET ARTICLE NO. 4: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray Cape Cod Vocational Technical High School charges and expenses for the Fiscal Year ending June 30, 2003, as follows: EXPENDED APPROPRIATED REQUESTED ITEM DEPARTMENT FY2001 FY2002 FY2003 1. CAPE COD TECH. ASSESSMENT $620,549.00 $640,896.00 $634,860.00 TOTAL ASSESSMENT $620,549.00 $640,896.00 $634,860.00 or to take any other action relative thereto. (Majority Vote Required) (Cape Cod Vocational Technical School Committee) SUMMARY This article will provide funding for the Fiscal Year 2003 operational budget for the Cape Cod Vocational Technical School District. This district consists of the towns of Barnstable, Brewster, Chatham, Dennis, Eastham, Harwich, Mashpee, Orleans, Provincetown, Truro, Wellfleet and Yarmouth. The overall district-wide budget has increased by the sum of $444,327.00 or by 4.8% over Fiscal Year 2002. Brewster’s proportionate assessment share has decreased by the sum of $6,036.00 or .94% over Fiscal Year 2002. Most significantly our enrollment has declined by 16 student or 25% from Fiscal Year 2002 levels. Unfortunately the current State Chapter 70 formula for the distribution of the assessment fails to properly recognize student enrollment decreases. [The funding decrease requested within this article will result in approximately a .3-cent decrease in the FY2003 tax rate.] BOS: 0-YES; 5-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MAIN MOTION: I MOVE THAT THE TOWN VOTE TO APPROVE ARTICLE NO.4 AS PRINTED IN THE WARRANT AND TO RAISE AND APPROPRIATE THE SUM OF $634,860.00 FOR THIS PURPOSE MAIN MOTION: I respectfully move the Town to amend the motion under article 4 to state that the Town dissapproves the Cape Cod Regional Technical High School District’s Fiscal Year 2003 annual budget and the Town’s apportioned share of $634,860.00, but in the event the full school budget is approved by two thirds of the member towns and Brewster, thus, becomes obligated to pay the greater sum, then to authorize the Town, without the need for another vote of appropriation, to raise and appropriate the sum of $634,860.00. ACTION: Adopted ELEMENTARY SCHOOLS OPERATING BUDGETS ARTICLE NO. 5: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray the Elementary Schools’ charges and expenses, for the Fiscal Year ending June 30, 2003, as follows: EXPENDED APPROPRIATED REQUESTED ITEM DEPARTMENT _FY2001 FY2002 FY2003 1. ELEMENTARY SCHOOL BUDGET $4,,514,727.30 $5,124,082.00 $5,220,108.00 TOTAL ELEMENTARY SCHOOL $4,514,727.30 $5,124,082.00 $5,220,108.00 or to take any other action relative thereto. (Majority Vote Required) (Elementary School Committee) SUMMARY This article will provide funding for the Fiscal Year 2003 operational budget for the Stony Brook and Eddy Elementary Schools. As of the printing of this warrant book the Fiscal Year 2003 budget request for the Elementary Schools stood at $5,240,341.00, slightly above the request printed in the warrant article. These operational budgets have increased by the total sum of $116,259.00 or 2.26%, over Fiscal Year 2002. These percentage factor increases to 3.93 % when the Schools’ proportionate share of fringe benefit expenses are applied. [The funding increase requested within this article will result in approximately a 14.4- cent increase in the FY2003 tax rate.] BOS: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MOTION: I move that the town vote to approve Article no. 5, however, that the total sum of $5,220,108.00 be amended to $5,236,312.00, and that the town raise and appropriate this amended sum of $5,236,312.00 for this purpose. ACTION: Adopted TOWN OPERATING BUDGET ARTICLE NO. 6: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray Town charges and expenses, and furthermore, to fix the salary and compensation of all elected officials of the Town as provided in Section No. 108 of Chapter No. 41 of the General Laws, as amended, for the Fiscal Year ending June 30, 2003, as follows: SELECTMEN EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY2001 FY2002 FY2003 1 MODERATOR WAGES 300.00 300.00 300.00 2 SELECTMEN'S WAGES 5,250.00 5,250.00 5,250.00 STAFF WAGES 36,049.94 38,086.00 39,898.00 EDUCATIONAL REIMB 1,075.00 2,000.00 1,200.00 EXPENSES 29,745.45 23,800.00 23,150.00 3 ASSESSMENTS 18,695.70 20,845.00 21,887.00 4 ADMINISTRATOR WAGES 172,592.00 194,620.00 201,870.00 EXPENSES 6,965.76 7,280.00 7,505.00 5 FINCOM EXPENSES 0.00 1,000.00 1,000.00 RESERVE FUND 98,910.09 100,000.00 100,000.00 6 ACCOUNTANT WAGES 89,909.80 94,204.00 99,055.00 AUDIT OF ACCOUNTS 13,000.00 17,500.00 22,500.00 EXPENSES 1,635.62 2,025.00 2,055.00 7 ASSESSOR WAGES 113,118.65 119,113.00 125,274.00 EXPENSES 17,902.47 19,875.00 19,200.00 8 TREAS/COLL WAGES 148,453.91 158,983.00 167,159.00 EXPENSES 46,314.34 52,310.00 59,150.00 9 LEGAL EXPENSES 93,800.00 72,500.00 80,000.00 10 TOWN CLERK'S WAGES 42,881.13 45,877.00 48,115.00 CLERK STAFF WAGES 32,954.02 49,647.00 53,100.00 EXPENSES 3,432.03 8,810.00 8,600.00 11 ELECTION WAGES 10,187.26 13,800.00 10,650.00 EXPENSES 4,547.10 6,050.00 4,820.00 12 REGISTRAR WAGES 3,251.55 3,300.00 3,500.00 EXPENSES 3,469.40 3,950.00 5,050.00 13 PLANNING/APPEALS WAGES 33,055.70 27,532.00 29,029.00 PLANNING/APPEALS EXPENSES 1,545.54 1,900.00 2,125.00 14 VEHICLE POOL MAINT 4,000.00 2,500.00 3,000.00 SELECTMEN EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY2001 FY2002 FY2003 15 INFORMATION TECH. WAGES 23,557.75 51,230.00 53,768.00 EXPENSES 39,577.04 42,977.00 31,090.00 16 TOWN HALL MAINT WAGES 47,916.34 50,648.00 52,681.00 EXPENSES 46,042.53 45,400.00 43,200.00 COA BLDG EXPENSES 9,745.17 14,100.00 12,800.00 17 TOWN REPORT EXPENSES 8,679.78 9,000.00 8,500.00 18 DRUMMER BOY EXPENSES 81.16 450.00 810.00 19 DEBT SERVICE 3,782,391.50 3,604,433.00 2,841,843.00 20 FRINGE BENEFITS 1,104,058.75 1,329,120.00 1,507,374.00 21 RETIREMENT/PENSION 652,402.30 641,057.00 667,241.00 22 UNCLASSIFIED 87,084.19 106,820.00 92,656.00 23 LIABILITY INSURANCE 237,988.94 255,006.00 308,271.00 24 CONSTABLE 250.00 250.00 250.00 25 POLICE WAGES 1,144,481.60 1,234,343.00 1,321,741.00 EXPENSES 144,408.03 180,425.00 171,259.00 STATION EXPENSES 5,000.00 0.00 0.00 26 FIRE/RESCUE WAGES 740,546.05 818,252.00 915,013.00 EXPENSES 49,500.59 60,374.00 61,900.00 RESCUE EXPENSES 40,510.16 40,945.00 46,700.00 STATION EXPENSES 0.00 40,255.00 43,300.00 27 BLDG INSPECTOR/HDC WAGES 200,398.74 213,345.00 246,750.00 BUILDING/HDC EXPENSES 5,890.58 8,980.00 9,535.00 28 NATURAL RESOURCES AND CONSERVATION WAGES 92,202.86 140,763.00 148,778.00 EXPENSES 50,078.15 23,800.00 23,750.00 PROPAGATION 4,500.00 4,500.00 6,000.00 29 DOG OFFICER EXPENSES 10,000.00 10,500.00 10,500.00 30 ALEWIFE COMM. WAGES 125.00 1,778.00 1,852.00 EXPENSES 957.60 1,000.00 1,000.00 31 DPW WAGES 609,832.96 665,141.00 658,860.00 ROAD MACHINERY 26,195.67 27,900.00 27,900.00 SNOW & ICE CONTROL 72,927.54 65,000.00 65,000.00 INSECT/PEST CONTROL 934.62 1,100.00 1,100.00 EXPENSES 117,445.03 174,938.00 179,700.00 SOLID WASTE DISPOSAL 268,611.81 360,760.00 312,485.00 32 RECYCLING EXPENSES 96.21 300.00 300.00 33 STREETLIGHTING 9,734.18 9,720.00 7,000.00 34 BOARD OF HEALTH WAGES 110,031.35 116,984.00 124,255.00 VISITING NURSE ASSOC. 15,527.00 17,625.00 17,625.00 EXPENSES 5,807.72 6,835.00 6,835.00 35 COUNCIL ON AGING WAGES 110,139.23 116,868.00 125,457.00 EXPENSES 9,533.28 10,800.00 11,910.00 36 OLD MILL SITE COMM. 3,474.44 3,700.00 3,700.00 37 VETERANS SERVICES 0.00 6,000.00 6,000.00 38 LADIES LIBRARY 339,959.50 371,451.00 383,704.00 39 WATER COMM. WAGES 2,200.00 2,200.00 2,200.00 WATER STAFF WAGES 398,035.39 459,993.00 474,501.00 OPERATING EXPENSES 151,704.51 251,149.00 245,897.00 EQUIPMENT EXPENSES 8,112.35 8,383.00 8,493.00 40 RECREATION WAGES 74,451.41 82,044.00 84,303.00 EXPENSES 22,247.97 28,858.00 28,858.00 41 GOLF DEPT WAGES 882,459.63 951,358.00 989,811.00 EXPENSES 619,756.60 630,660.00 638,657.00 42 MEMORIAL/VETERANS DAY EXP. 1,276.23 1,300.00 1,400.00 GRAND TOTAL 13,421,911.90 14,393,875.00 14,178,955.00 or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY This article will provide funding for the Fiscal Year 2003 operational budget for the Town Boards, Committees and Departments. The Town’s operational budget, as presented in this article, exclusive of the debt budget has increased by 5.08 %. However, this budget does include approximately $ 659,083.00 in fringe benefit expenses for the Elementary Schools. In addition, the budget includes the additional sum of $144,000.00, which was authorized by a Proposition 2 ½ Override in February of 2002, for two new firefighter/paramedics in the Fire Department. Therefore, the Town’s adjusted budgetary increase, without these items would stand at 2.8%. The Town’s debt budget has decreased by the sum of $762,590.00, or 21.16%. [The funding increases requested within this article over FY2002 in the Town’s operating budget, minus the school’s fringe benefits expenses, will result in approximately a 17.8-cent increase in the tax rate for FY2003.] BOS: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MOTION: I move that the town vote to approve Article no. 6 as printed in the warrant, however that the following line items be amended; • Line item no. 8 for Treasurer/Collector expenses be amended from $59,150.00 to $62,150.00, • Line item no. 20 for Fringe Benefits be amended from $1,507,374.00 to $1,476,717.00, • Line item no. 34 for Board of Health / Visiting Nurse Association be amended from $17,625.00 to $17,025.00, and in order to appropriate this amended total sum of $14,150,698.00 that the town raise and appropriate the sum of $13,695,484.00, transfer the sums of $100,000.00 from the Overlay Surplus Account, $150,000.00 from the Golf Receipts Reserved for Appropriation Account, $70,000.00 from the Pension Reserve Account, and $135,214.00 from the Ambulance Receipts Reserved for Appropriation Account for these purposes. ACTION: Adopted NAUSET REGIONAL SCHOOLS OPERATING BUDGET ARTICLE NO. 7: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray the Nauset Regional School’s charges and expenses for the Fiscal Year ending June 30, 2003, as follows: EXPENDED APPROPRIATED REQUESTED ITEM DEPARTMENT FY2001 FY2002 FY2003 1. NAUSET ASSESSMENT $5,564,537.00 $5,611,826.00 $6,552,298.00 TOTAL ASSESSMENT $5,564,537.00 $5,611,826.00 $6,552,298.00 or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) SUMMARY This article provides funding for the Fiscal Year 2003 operational budget for Nauset Regional School District. Due to a series of budgetary amendments the Nauset Regional School Committee will be reducing this request to the sum of $6,322,951.00 when it is presented to town meeting. The total Nauset operational budget, excluding repair projects and debt service, has increased by the sum of $813,719.00, or 4.56%. Nauset’s debt service costs have declined by the sum of $43,452.00, or 12.26%. Brewster’s proportionate share of enrollment continues to climb slightly from 46.94% in Fiscal Year 2002 to 47.02% in Fiscal Year 2003. [The funding increase requested within this article will result in approximately an 18.9-cent increase in the FY2003 tax rate.] BOS: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MAIN MOTION: I move that the town vote to approve Article no. 7 as printed in the warrant, however, that the sum of $6,552,298.00 be amended to $6,322,952.00, and that the town raise and appropriate the sum of $6,322,952.00 for this purpose. AMENDED MOTION: I respectfully move that the town amend the motion under Article no. 7 to request that the sum of $100,000.00 of Brewster’s apportioned share of $6,322,952.00 be placed on a town ballot to seek a levy limit override from the limitations of Proposition 2 ½, so-called. ACTION: Adopted HUMAN SERVICES FUNDING ARTICLE NO. 8: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of SIXTY THOUSAND EIGHT HUNDRED SIX AND 00/100 ($60,806.00) DOLLARS for the following organizations and in the following respective amounts: 1. Cape Aids Resource Exchange and Services (CARES) $2,300.00 2. Cape Cod Child Development Program, Inc. $4,825.00 3. Cape Cod Council on Alcoholism & Drug Dependence, Inc. $4,500.00 4. Cape Cod Human Services, Inc. $6,792.00 5. Consumers Assistance Council, Inc. $ 500.00 6. Independence House, Inc. $3,400.00 7. Interfaith Council for the Homeless of Lower Cape Cod $2,664.00 8. Legal Services for Cape Cod & Islands, Inc. $3,800.00 9. Lower Cape Outreach Council, Inc. $4,200.00 10. Nauset, Inc. $6,425.00 11. Sight Loss Services, Inc. of Cape Cod & Islands $ 650.00 12. South Shore Mental Health – Cape Cod $6,500.00 13. The Salvation Army $2,750.00 14. Nauset Together We Can Prevention Council, Inc. $5,000.00 15. Elder Services of Cape Cod “Meals on Wheels” $6,500.00 GRAND TOTAL $60,806.00 and to authorize the Board of Selectmen, the Board of Health, and the School Committee, as appropriate, to enter into contracts with these organizations in order to provide desired social services for residents of Brewster, or to take any other action relative thereto. (Majority Vote Required) (Human Services Committee) SUMMARIES 1. Cape Aids Resource Exchange and Services (CARES) provides, among other things, anonymous testing referrals, primary care referrals, transportation to appointments, lunches to homebound clients, home care and emergency housing assistance. It also provides support to families of AIDS patients through referrals. (Previous Request in FY2002 - $2,000.00) 2. Cape Cod Child Development Program, Inc. provides assistance and counseling to children who have been identified as being at risk with emotional and/or learning disabilities. (Previous Request in FY2002 - $4,728.00) 3. Cape Cod Council on Alcoholism & Drug Dependence, Inc. provides treatment and counseling to residents and families fighting dependency and addiction, and runs preventive education programs. (Previous Request in FY2002 - $4,500.00) 4. Cape Cod Human Services, Inc. specializes in counseling and interventions for family crisis management for adolescents and teens, as well as, adults with social and emotional problems. (Previous Request in FY2002 - $6,792.00) 5. Consumer Assistance Council, Inc. is an organization which makes consumers aware of their legal rights should they have difficulties dealing with a business. (Previous Request in FY2002 - $500.00) 6. Independence House, Inc. is the Cape’s only twenty-four hour free and confidential resource center, providing counseling and shelter to battered women, their children and survivors of rape and sexual assault. (Previous Request in FY2002 - $3,047.00) 7. Interfaith Council for the Homeless of Lower Cape Cod serves Brewster residents who are homeless or at risk of homelessness. (Previous Request in FY2002 - $2,400.00) 8. Legal Services for Cape Cod & Islands, Inc. provides free legal advice and representation to Brewster residents over the age of sixty despite income, through the Elder Law Project. (Previous Request in FY2002 - $3,700.00) 9. Lower Cape Outreach Council, Inc. assists persons and families who are experiencing financial hardship. (Previous Request in FY2002 - $3,600.00) 10. Nauset, Inc. runs two group homes and provides rehabilitation, training and employment for local residents who are mentally retarded and/or handicapped. (Previous Request in FY2002 - $6,200.00) 11. Sight Loss Services, Inc. of Cape Cod & Islands provides assistance to Brewster residents who are newly blind, visually impaired or affected with progressive eye disease. (Previous Request in FY2002 - $600.00) 12. South Shore Mental Health – Cape Cod supports a mental health clinic, a community residence and other programs to assist individuals and their families in dealing with mental and psychological problems. (Previous Request in FY2002 - $2,500.00) 13. The Salvation Army provides services, including clothing, heating assistance, holiday meal baskets and a monthly food pantry to those in need. (Previous Request in FY2002 - $2,500.00) 14. Nauset Together We Can Prevention Council, Inc. provides Brewster teens with an alcohol, tobacco and drug free club environment. (Previous Request in FY2002 – 5,000.00) 15. Elder Services of Cape Cod “Meals on Wheels” serves meals to homebound elders in Brewster who are unable to prepare nutritionally balanced meals for themselves, who are unable to attend the senior dining room facility and who lack a support system to assist with meal preparation. (Previous Request in FY2002 - $5,000.00) [There will be a tax rate impact of 3.8-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Article no. 8 as printed in the warrant and to raise and appropriate the sum of $60,806.00 for these purposes. ACTION: Adopted FUNDING FOR TOWN NURSE POSITION ARTICLE NO. 9: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of THIRTY-FIVE THOUSAND AND 00/100 ($35,000.00) DOLLARS to allow for the creation of a Town Nurse position and/or to authorize the Board of Selectmen and the Board of Health to enter into a contract in order to provide additional social services for residents of Brewster, however, that this sum of money for the Town Nurse Program 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 ½, so-called, and, or to take any other action relative thereto. (Majority Vote Required) (Human Services Committee) SUMMARY There are presently 52 families over the age of 60, with gross incomes of less than $28,000.00 per couple, who have unmet critical needs with activities such as bathing, dressing or toileting. When these conditions exist, Elder Services of Cape Cod may provide assistance; however, funding is unavailable if income exceeds this threshold. Medicare, Medicaid, Mass Health, etc. provide little or no assistance with nursing benefits. With 2652 residents now over the age of 65 and more than 1,000 meals per month being served at home or at the Council on Aging, the Health and Human Services Committee believes there is a large unmet need for part-time nursing management for non-emergency medical activities. [There will be a tax rate impact of 2.2-cents per $1,000.00 of property valuation.] BOS: 1-YES; 4-NO; 0-ABSTAINED FCR: 1-YES; 5-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Article no. 9, as printed in the warrant, however, that the reference to the “Board of Health” in the forth and fifth line will be amended to the “Council on Aging” and that the town raise and appropriate the sum of $35,000.00 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 ½, so-called. ACTION: Adopted LOCAL BUSINESS ORGANIZATION FUNDING REQUEST ARTICLE NO. 10: To see if the Town will vote to raise and appropriate, and/or transfer from available funds, the sum of TWENTY-TWO THOUSAND AND 00/100 ($22,000.00) DOLLARS, to be expended under the direction of the Board of Selectmen to help defray costs associated with the annual publication and distribution of the Brewster Book and Beach Map Guide, as well as the monthly publication of Brewster advertising and website, which advertises the Town’s attractions, amenities, and services; to provide funds for the operation of the Brewster Visitor Information Center; to enable the Chamber of Commerce and Board of Trade United to appropriately advertise Brewster in order to increase room tax and beach pass revenue for the Town, promote the Town’s golf course, or to take any other action relative thereto. (Majority Vote Required) (Citizens’ Petition) SUMMARY This article partially funds operational costs for the Chamber of Commerce and Board of Trade United, which serve to generate room’s tax revenue for the Town of Brewster through the promotion of tourism. Brewster is the beneficiary of a 4% room’s occupancy tax, which is levied on guests staying in bed and breakfasts, inns and resorts in the Town of Brewster. The Chamber of Commerce and Board of Trade United promotes tourism annually through a trade guidebook; the map and guide; through publication advertising; and other promotional events. In addition this funding is used to assist in the operation of the Visitor’s Information Center, accommodate the yearly tourism business and develop further revenues for Brewster. [There will be a tax rate impact of 1.4-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 5-YES; 1-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Article no. 10 as printed in the warrant and to raise and appropriate the sum of $22,000.00 for this purpose. ACTION: Adopted BREWSTER TOWN BAND FUNDING ARTICLE NO. 11: To see if the town will vote to authorize the Board of Selectmen to enter into a contract with the Brewster Town Band in order to obtain instrumental performances for the Town, to raise and appropriate and/or transfer from available funds the sum of ONE THOUSAND AND 00/100 ($1,000.00) DOLLARS, 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 this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY The Brewster Town Band provides a weekly concert series throughout the summer season at Drummer Boy Park property. This article would provide limited financial assistance from the town to augment private fundraising by this organization. [There will be a tax rate impact of .06- cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Article no. 12 as printed in the warrant and to raise and appropriate the sum of $1,000.00 for this purpose. ACTION: Adopted CAPITAL EXPENDITURES ARTICLE NO. 12: 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 2003 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 RAISE FROM AND AVAILABLE ITEM DEPARTMENT APPROPRIATE FUNDS 1. Water Department a. Construction Account $100,000.00 b. Computer Equipment $ 3,500.00 c. Vehicle Transfer Expense $ 800.00 TRANSFER RAISE FROM AND AVAILABLE ITEM DEPARTMENT APPROPRIATE FUNDS 2. Golf Department a. Spray Rig Replacement $ 20,000.00 b. Engineering Services/Irrigation $ 27,000.00 c. Pickup Truck Replacement $ 30,000.00 d. Fairway Over-Seeding Project $ 18,000.00 e. Deep-Tine Aerification Project $ 26,400.00 f. Tee Renovation Project $ 12,000.00 g. Greens Renovation Project $ 30,000.00 3. Police Department a. Police Vehicles $ 78,700.00 4. Board of Selectmen a. Financial System Software $150,000.00 b. Town Offices Parking Lot Lighting $ 28,000.00 5. Fire Department a. Ladder Truck Lease $ 14,000.00 b. Rescue Billing Services $ 32,000.00 c. Rescue Equipment $ 7,500.00 d. Defibrillator Equipment $ 21,000.00 e. Protective Clothing $ 15,000.00 f. Computer Equipment $ 10,000.00 6. Millsites Building a. Upgrade Millsites Museum $ 15,000.00 7. Department of Public Works a. Road/Drainage Maintenance $ 60,000.00 b. Transfer Station Improvements $ 9,500.00 c. Solid Waste Trailer Replacement $ 55,000.00 d. Lawn Mower Replacement $ 8,500.00 8. Recreation Department a. Upgrade/Repair Irrigation System $ 12,000.00 9. Elementary Schools a. Building Painting/ Stony Brook School $ 25,000.00 b. Building Painting/ Eddy School $ 15,000.00 c. Replace Fire Alarm / Eddy School $ 30,000.00 d. Sidewalk Repairs / Stony Brook School $ 10,800.00 TRANSFER RAISE FROM AND AVAILABLE ITEM DEPARTMENT APPROPRIATE FUNDS 10. Board of Assessors a. Inspection Vehicle $ 16,375.00 b. Tax Mapping $ 10,000.00 11. Council on Aging a. Air Conditioning Units $ 1,000.00 ___________ Sub-Totals $892,075.00 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) SUMMARIES 1. WATER DEPARTMENT 1a. Construction Account – This item is an annual appropriation for goods, materials and services to maintain and repair the water system. It includes an allowance for the purchase of water meters, as well as, for new services and replacements as required by state regulations. This account is part of the department’s capital plan and is provided for within the present water rate structure. [These funds will be transferred from the Water Revenue Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 1b. Computer Equipment – The Water Department has a number of computers, which are aging to the point where productivity at the department is being hindered. Upgrading this existing equipment is simply not cost effective. [These funds will be transferred form the Water Revenue Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 1c. Vehicle Transfer – The department obtained a 1991 Taurus sedan from the Police Department in 2000 in order to assess the usefulness of a used car in the Water Department vehicle fleet. The concept has been practical, however, maintaining the Taurus has been costly, and it needs to be replaced. A used cruiser in better condition is being proposed as a transfer from the Police Department for the sum of $5,200.00. This sum represents the value of the trade-in that the town would recognize if it were sold. The balance of the request will cover the outfitting of the vehicle with radio equipment and proper markings. [These funds will be transferred from the Water Revenue Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 2. GOLF DEPARTMENT 2a. Spray Rig Replacement – These monies will be used to purchase new 200-gallon spray equipment, which will replace the current 160-gallon spray unit. The current equipment is eleven (11) years old and has significant rust and wear. This unit is used to spray all areas of the golf course and has a normal, useful life of five to ten years. The current unit will be sold as surplus equipment upon the purchase of the new unit. [These funds will be transferred from the Golf Receipts Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED 2b. Engineering Services/Irrigation – These monies will be used to hire a firm to create a set of plans and specifications that will allow for the eventual upgrade of the irrigation system on the original eighteen holes at the Captains Golf Course. This system is seventeen years old. The normal useful life of an irrigation system is fifteen to twenty years. The engineering plans are necessary in order to plan for costs, financing and scheduling of this anticipated upgrade. The irrigation system upgrade will also provide the department with more consistent conditions throughout the thirty-six holes of the golf course. This project will allow for the installation of a double row system, which will match the system that exists on the new golf course holes. [These funds will be transferred from the Golf Receipts Account.] BOS: 2-YES; 3-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED 2c. Pickup Truck Replacement – In 2001 the Golf Department transferred its 4-wheel drive pickup truck to the Department of Natural Resources. In turn, the Water Department transferred a used pickup truck to the Golf Department. The pickup truck was in disrepair, and the department feels that the cost to repair this vehicle is not practical. This vehicle will be used for various projects around the golf course, including general transportation, as well as, for towing equipment. [These funds will be transferred from the Golf Receipts Account.] BOS: 2-YES; 3-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED 2d. Fairway Over-Seeding Project – These monies will be used to carry out a fall over- seeding application on the fairways of the old course. . The program schedule will allow for applications in the spring and fall of 2002, 2003 and 2004, respectively. This procedure is necessary in order to develop new grass plants in the established turf. We are scheduled to conduct over- seeding this spring. Within our capital plan we have projected a spring and fall application in each of the next three years. It is our intention to assess the effectiveness of these two applications prior to conducting any future over-seeding applications. [These funds will be transferred from the Golf Receipts Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED 2e. Deep-Tine Aerification Project - These funds will be used to contract out for a service vendor to conduct deep tine aerification on the new fairways at the golf course. Along with the construction of a new golf course, there are often a large number of rocks and debris located under the surface of fairways. These items result in damage to the department’s aerification equipment and limit our ability to properly aerify the fairways. The deep tine aerification process provides more substantive equipment, which serves to break up, lift up, or push down these materials. Eventually once these significant problems are resolved the Golf Department will be able to conduct the periodic aerification program with our own manpower and equipment. We did contract out for the first phase of this multi-year program in the fall of 2001. We plan to use Golf Department’s equipment this spring to determine how effective the fall 2001 deep-tine aerification process was in removing these problem materials from the fairways. We will use the information from the in-house town effort during the spring of 2002 to determine how many holes will require the deep-tine aerification procedure. The procedure occurs in the fall and must be done in early October, therefore it is necessary to request these monies at this time. [These funds will be transferred from the Golf Receipts Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED 2f. Tee Renovation Project – These monies will be used to renovate several of the golf tees on the older holes. These tees are not level, which affect the playability of the course. We have identified eight tee areas in total with a variety of problems. The Golf Department has created a four-year program within the capital plan, which allows for the phased renovation of these facilities. These monies will be used to renovate four of the golf tee areas on the original course layout, as follows: • The blue tee on Port Course No. 11 • The blue tee on Port Course No. 9 • The blue tee on Port Course No. 2 • The blue tee on Starboard Course No. 9 [These funds will be transferred from the Golf Receipts Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED 2g. Greens Renovation Project – The department has indicated that three of the putting greens on the original course layout need rehabilitation. This appropriation is the first of a phased plan and will be used to renovate the green on golf hole no. 8 of the Port Course. The condition of this particular green is the most problematic on the course. The renovations will be built to U.S.G.A. specifications, which provide for improved drainage and soil conditions. [These funds will be transferred from the Golf Receipts Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED 3. POLICE DEPARTMENT 3a. Police Vehicles – This is an annual expense, which will allow for the replacement of two marked police vehicles. One of these units will have over 130,000 miles of service at the time of replacement. The second vehicle will have approximately 110,000 service miles. This unit will be transferred to the Water Department as discussed under Item No 1c of this warrant article. [There will be a tax rate impact of 4.9-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 4. BOARD OF SELECTMEN 4a. Financial System Software – The purpose of this article will be to purchase an up-to date software system to process all financial transactions for the town, including accounting, tax collection and billing, payments, payroll and personnel. This upgrade is necessitated as we have received official notice from our service provider that development on our current system, based upon outdated COBOL technology, is being discontinued. [There will be a tax rate impact of 9.3-cents per $1,000.00 of property valuation.] BOS: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 4b. Town Offices Parking Lot Lighting – The purpose of this article is to allow for the installation of lighting in the new parking area at the Town Offices building. The town has been working to rehabilitate this structure and associated facilities over the past several years. The most recent major project allowed for the reconstruction of the driveway and parking lot area. This effort included the installation of underground conduit and light pole bases. These funds would be used to acquire the actual light poles and fixtures. The parking area has some limited lighting; however, there are significant areas that have little or no lighting. Due to the nature of our operation the building is heavily utilized at night for numerous public meetings throughout the year. [There will be a tax rate impact of 1.7-cents per $1,000.00 of property valuation.] BOS: 4-YES; 1-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 5. FIRE DEPARTMENT 5a. Ladder Truck Lease - This is an annual expense, which represents the lease purchase payment for the Fire Department’s Ladder Truck. [These funds will be transferred from the Ambulance Receipts Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 5b. Rescue Billing Services – This is an annual expense item, which is utilized to pay for the costs of the rescue billing collection service. [These funds will be transferred from the Ambulance Receipts Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 5c. Rescue Equipment – The rescue equipment account was established when the town first began billing for ambulance services. This fund allows for equipment replacement repairs and purchases throughout the year as the need dictates. [These funds will be transferred from the Ambulance Receipts Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 5d. Defibrillator Equipment – Presently, there is one defibrillator within the department that does not include the range of features that are required by our paramedics for today’s standard of care. This unit must be replaced or modified to allow for performance that is necessary for proper patient care. [These funds will be transferred from the Ambulance Receipts Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 5e. Protective Clothing – Protective clothing within the department is in very short supply and badly worn. The department includes eleven full-time staff, as well as, approximately forty call personnel members. This authorization will allow the Fire Department to purchase 10 new sets of protective clothing. [These funds will be transferred from the Ambulance Receipts Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 5f. Computer Equipment – The purchase of the computer equipment will be under the control of the Information Technology Coordinator as he feels it is required to address the functional needs of the Fire Department. [These funds will be transferred from the Ambulance Receipts Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 6. MILLSITES BUILDING 6a. Upgrade Millsites Museum – The town originally acquired the Millsites building and property in the 1940's. Volunteers, who have and continue to provide invaluable service to the town, largely care for this facility and the surrounding property. However, there is an ongoing effort to make a series of substantive repairs and improvements to the building prior to the bicentennial celebrations that are outside of the ability and time constraints of our volunteers. The fall 2001 town meeting appropriated a sum of money, which will allow for significant improvement to the building’s interior and exterior systems. The funding being pursued within this request will be used to upgrade the presentation and display of the various artifacts in the museum’s collection. [There will be a tax rate impact of .9-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 7. DEPARTMENT OF PUBLIC WORKS 7a. Road/Drainage Maintenance – This has been an annual appropriation to provide funding for the maintenance and repair of the town’s local road and drainage and systems. While we do receive some assistance from the Commonwealth of Massachusetts for roadway improvements these sources of funding have been significantly impacted by the state’s fiscal crisis. In addition the state’s resources have certain limitations and conditions attached to their utilization. This limited town’s funds are critical to our ability to carry out some form of a multi-year plan to improve and maintain our roadway systems. [There will be a tax rate impact of 3.7-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 7b. Transfer Station Improvements – This request will provide funding to allow for the installation of new electrical power to that area of the Transfer Station where we locate the various bins for the recycling containers. Currently we collect the recycling materials in open top transport bins. This new electrical service will allow for our recycling vendor to install compacting equipment in this area. Compaction of the recycled loads will increase the density of the product for transportation purposes. This project will serve to improve the overall efficiency of this operation. [There will be a tax rate impact of .6-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 7c. Solid Waste Trailer Replacement – This solid waste trailer was originally purchased in the spring of 1989 and has become unreliable for every day service. The solid waste transfer trailers are used to transport solid waste from Brewster to the SEMASS resource recovery facility in Rochester, Ma. This is a demanding environment, which results in a great deal of wear and tear on this equipment. This particular trailer needs significant repairs, such as a new a walking floor system, replacement of the structural steel, tires, wheels, brakes, air systems, wiring and light repairs, along with sandblasting and painting to return this unit to a reliable service level. [There will be a tax rate impact of 3.4- cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 7d. Lawn Mower Replacement – This would allow for the replacement of a 1990 ride-on mower. This unit has provided very good service during its career with the department, but the unit has become unreliable and needs to be replaced. This equipment is essential to the department’s turf maintenance efforts throughout the town. The Department of Public Works is responsible for the maintenance of seven cemeteries, eight recreational fields, numerous parks and all town-building sites. [There will be a tax rate impact of .5-cents per $1,000.00 of property valuation.] BOS: 4-YES; 1-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 8. RECREATION DEPARTMENT 8a. Upgrade/Repair Irrigation System – The in-ground irrigation systems located at Freeman’s Way recreational fields; the Town Offices softball fields and the little league field behind the Fire Station need to be overhauled. These systems have been in service for approximately ten (10) years, and they have only received “as needed” maintenance. Areas such as computer control panels, junction boxes, electrical components, irrigation heads and pumps must be evaluated and replaced. In order to avoid catastrophic repairs a maintenance plan such as this is necessary to keep our fields playable and safe for its users. This request will be amended at town meeting to reduce the funding request to the sum of $9,350.00. [There will be a tax rate impact of .6-cents per $1,000.00 of property valuation.] BOS: 2-YES; 3-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 9. ELEMENTARY SCHOOLS 9a. Building Painting/ Stony Brook School – This request will fund interior painting, which is being scheduled as part of a continuing building maintenance program. [There will be a tax rate impact of 1.5-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 9b. Building Painting/ Eddy School – This request will fund interior painting that is being scheduled as part of a continuing building maintenance program. [There will be a tax rate impact of .9-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 9c. Replace Fire Alarm / Eddy School – The fire alarm at Eddy Elementary School has been problematic for many years and its replacement is necessary. [There will be a tax rate impact of 1.9-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 9d. Sidewalk Repairs / Stony Brook School – The sidewalk repair project at Stony Brook Elementary School were deferred from an earlier town meeting due to the ongoing renovation project at the school. These funds will provide funding to replace bituminous concrete sidewalks throughout the site. A number of these sidewalks are quite old. Tree roots, frost action and normal wear has created safety problems, which should be corrected for pedestrian safety purposes. [There will be a tax rate impact of .7-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 10. BOARD OF ASSESSORS 10a. Inspection Vehicle – Currently this vehicle is shared among the Assessing Department, the Conservation Commission and the Custodial Staff at Town Hall. Periodically, when needed, the Building Department will use it for inspections when their vehicle is in use on other Town business. The current vehicle is a 1988 model with 170,000 miles of service. It was originally used by the Police Department and has seen almost daily service since its purchase. It is the collective opinion of the three-affected department heads that the purchase of a small truck as a replacement vehicle would be most logical. Seldom does more than a single individual use the vehicle. Many of the roads in Town are little more than cart paths and often times difficult to access in a traditional vehicle. If there were tools to be carried, or materials to be transferred/towed, a small truck would be the best solution. [There will be a tax rate impact of 1- cents per $1,000.00 of property valuation.] BOS: 0-YES; 5-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 10b. Tax Mapping – Each year the Assessor’s Office is required to create new parcels as a result of the subdivisions of land by property owners. It is also necessary to create new maps for use by the various departments within the Town of Brewster so that they can perform their functions with the most accurate information. The Police, Fire, School, Water, Planning, Health and Conservation Departments use these updates, as well as, many other boards and committees that serve the town. This account also allows for special projects such as the new Brewster Memorial Cemetery to plot and manage the gravesites, and the Land Bank Committee to plot potential new purchases of open space purchases. [There will be a tax rate impact of .6-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING 11. COUNCIL ON AGING 11a. Air Conditioning Units – The Council on Aging is located in the COA/Old Town Hall building next to the Fire Department on Main Street. The COA uses the second floor auditorium for a number of group activities and classes. Since there is no central cooling system in this building, it can get quite uncomfortable in the summer season. The COA would like to install two window air conditioning units, which will allow for the use of this area of the building during the summer season. [There will be a tax rate impact of .06-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MOTION: I move that the town vote to approve Article no. 12 as printed in the warrant, however, that the following items be amended: • No. 2b (Engineering Services / Irrigation) be amended from the sum of $27,000.00 to $0.00, • No. 2c (Pick-up Truck Replacement) be amended from the sum of $30,000.00 to $0.00, • No. 2e (Deep-tine Aerification Project) be amended from the sum of $26,400.00 to $13,200.00, • No. 4b (Town Offices Parking Lot Lighting) be amended from the sum of $28,000.00 to $24,000.00, • No. 7a (Road/Drainage Maintenance) be amended from the sum of $60,000.00 to $0.00, • No. 8a (Upgrade/Repair Irrigation System) be amended from the sum of $12,000.00 to $9,350.00, • No. 9a (Building Painting / Stony Brook School) be amended from the sum of $25,000.00 to $0.00, • No. 9b (Building Painting / Eddy School) be amended from the sum of $15,000.00 to $0.00, • No. 10a (Inspection Vehicle) be amended from the sum of $16,375.00 to $0.00, and to appropriate the amended total sum of $698,850.00 for these purposes, and in order to appropriate this amended total sum that the town transfer the sums of $109,500.00 from the Water Revenue Account, $93,200.00 from the Golf Receipts Reserved for Appropriation Account, $35,000.00 from the Telecommunication Account, $10,000.00 from the Overlay Surplus Account, $351,650.00 from Free Cash, and $99,500.00 from the Ambulance Receipts Reserved for Appropriation Account. ACTION: Adopted ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS ARTICLE NO. 13: To see if the Town will vote to accept the provisions of the Massachusetts General Laws, Chapter No. 71, Section No. 16B, which would reallocate the sum of the member towns’ contributions to the Nauset Regional School District in accordance with the Regional Agreement rather than the Education Reform Formula, so-called, or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) SUMMARY The Education Reform Act of 1993 requires that regional school districts make annual minimum local contributions based upon the Department of Revenue’s calculation of the member town’s ability to pay. This funding is based, in turn, on the municipal revenue growth factor, an annual estimate of the upcoming fiscal year’s potential receipts. Because estimates vary from town to town, and because actual receipts vary from estimates, this has caused a significant disparity in the per-pupil costs of our four member communities in the past. This article must be approved annually by the town meetings in the four Nauset communities before it can take effect. It would return the distribution of the minimum contribution to the sharing formula, which was historically used by the towns, and contained within the Regional Agreement. That is, that each year’s budget is apportioned by the official Nauset enrollment on the preceding October 1, on a strict per-pupil basis. BOS: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MOTION: I move that the town vote to approve Article no. 13 as printed in the warrant. ACTION: Adopted Unanimously NAUSET SCHOOL DISTRICT CAPITAL EXPENDITURES ARTICLE NO. 14: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of ONE HUNDRED ONE THOUSAND FIVE HUNDRED TWENTY-FIVE AND 00/100 ($101,525.00) DOLLARS, Brewster’ share of capital improvements to the Nauset Regional Middle School and Nauset Regional High School, for the following purposes and in the following amounts: A. Nauset Middle School: • Replace carpet with vinyl tile $ 35,000.00 • Replace bleachers 10,000.00 • Replace tennis courts 60,000.00 • Replace ball field backstop 13,900.00 • Purchase additional security equipment 10,000.00 B. Nauset High School: • Replace exterior doors 36,000.00 • Repair gymnasium bleacher sets 28,000.00 • Replace pipes in science labs 12,000.00 • Replace fire brick in No. 2 boiler 11,000.00 Grand Total: $215,900.00 Brewster’s Enrollment Share X 47.02% Brewster’s Appropriation Request $101,525.00 or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) SUMMARY The Nauset Regional Schools, in consultation with town officials, have determined that the best way to address facility maintenance needs is in the form of a capital article separate from the operating budget. This article will address deteriorating aspects of the facilities at both schools in a timely fashion. The intent of this program is to avoid major costly renovations by performing repairs and maintenance on an annual basis. It is our understanding that this article will be amended at town meeting to eliminate the following items: • Replace carpet with vinyl tile $35,000.00 • Replace bleachers 10,000.00 • Replace tennis courts 60,000.00 Brewster’s contribution to this project under the regional assessment formula would be reduced from the sum of $101,525.00 to $52,150.00. [There will be a tax rate impact of 3.2-cents per $1,000.00 of property valuation.] BOS: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MOTION: I move that the town vote to approve Article no. 14 as printed in the warrant, however, that the following items are deleted: A. Nauset Middle School • Replace carpet with vinyl tile $35,000.00 • Replace bleachers $10,000.00 • Replace tennis courts $60,000.00 and that the total request be amended from the sum of $215,900.00 to $110,900.00, and that Brewster’s appropriation be amended from the sum of $101,525.00 to $52,150.00, and that the town transfer the sum of $52,150.00 from Free Cash for this purpose. ACTION: Adopted NAUSET SCHOOL DISTRICT CAPITAL EXPENDITURES ARTICLE NO. 15 To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of TWELVE THOUSAND SIXTY-SEVEN AND 00/100 ($12,067.00) DOLLARS, Brewster’ share of capital improvements to the Nauset Regional Central Offices building, as follows: A. Nauset Central Offices: Brewster’s Enrollment Share $25,000.00 X 47.02% Brewster’s Appropriation Request $12,067.00 or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) SUMMARY Air quality deficiencies have been identified at the Nauset Public Schools’ Administration Office. The area, which requires attention as soon as possible, is the below-grade section of the north wall. The proposed funding would provide for architectural/engineering services, as well as, the removal of mold, replacement of metal studs, vapor barrier, and gypsum wallboard. Re-grading of the surrounding landscape would also occur in order to minimize water intrusion and mold growth within the building. [There will be a tax rate impact of .07-cents per $1,000.00 of property valuation.] BOS: 1-YES; 4-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MOTION: I move that the town vote to approve Article no. 15 as printed in the warrant and to transfer the sum of $12,067.00 from Free Cash for this purpose. ACTION: Adopted NAUSET INTERMUNICIPAL AGREEMENT / FACILITIES MAINTENANCE ARTICLE NO. 16: To see if the Town will vote to amend Section IV of the Nauset Regional School District Agreement, as follows (Proposed changes are underlined and highlighted in bold): SECTION IV Apportionment and Payment of Costs Incurred by the District A. For the purpose of apportioning assessments levied by the district against the member towns, costs shall be divided into three categories: capital costs, operating costs, and facility maintenance costs. B. Capital costs shall include all expenses in the nature of capital outlay such as the cost of acquiring land, the cost of constructing, reconstructing and adding to buildings, and the cost of remodeling or making extraordinary repairs to a school building or buildings, including without limitation the cost of the original equipment and furnishings for such buildings or additions, plans, architects’ or consultants’ fees, costs of sewage treatment or disposal, grading and other items incidental to placing school buildings and additions and related premises in operating condition and any other costs (whether or not so financed) which the district is or may be authorized by statute to finance by the issue of bonds. Capital costs shall also include payment of principal and interest on bonds or other obligations issued by the district to finance the foregoing costs. Capital costs represented by debt service shall be apportioned as capital costs of the year in which the debt service falls due. C. Operating costs shall include all costs not included in capital cost as defined in Section IV(B) but including interest on temporary notes issued by the districts in anticipation of revenue. D. Facility maintenance costs shall include the cost of remodeling, rehabilitation or repairs to a school building or buildings, their systems, or attendant properties and grounds. Such costs may be requested separately from the district’s operating assessment, and to be funded shall require approval of three of the four member towns. E. Payment of all capital costs in any fiscal year shall be apportioned among the member towns on the basis of their respective enrollments in the regional district schools on October 1 of the preceding fiscal year. F. Operating expenses of each fiscal year shall be apportioned to the member towns on the basis of their respective enrollments in the regional district schools on October 1 of the preceding fiscal year. G. Facility maintenance expenses of each fiscal year shall be apportioned to the member towns on the basis of their respective enrollments in the regional district schools on October 1 of the preceding fiscal year. H. Each member town shall pay its proportionate share of the capital, operating and facility maintenance expenses, if any, to the regional school district in each fiscal year in four equal installments not later than the first days of September, December, March and June. or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) SUMMARY Under state law, regional school’s operating budget requires the approval of two- thirds of the district’s members. The Nauset Regional School District has chosen to present its facility maintenance costs in an article separate from its operating budget. This amendment to the Regional District Agreement would allow approval of such facility maintenance requests on the same basis, that is, by three of the four member towns. BOS: 1-YES; 4-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING INDEFINITELY POSTPONED NAUSET INTERMUNICIPAL AGREEMENT / COMMITTEE MEMBERSHIP ARTICLE NO. 17: To see if the Town will vote to amend Section I of the Nauset Regional School District Agreement by deleting the present paragraphs lettered A and B, and replacing them with the following: SECTION I A. Number of Members. The Regional School District Committee, hereinafter referred to as the Committee, beginning with the annual town elections of 2003, shall consist of ten members, four from the Town of Brewster, three from Orleans, two from Eastham, and one from Wellfleet. To achieve proportional representation on the Committee, effective following the annual elections of 2003, the members from Brewster, Eastham and Wellfleet shall have one vote per member, and the members from Orleans .8 (8/10) votes per member. All ten members shall be elected by their individual towns, as prescribed in Paragraph B. below. B. Election of Members. The Nauset Regional School District shall consist of four member towns, each of which shall elect representatives to serve for three-year terms as described above; provided, however, that any member elected prior to 2001 shall serve for a three-year term. At the annual town elections in 2002, Brewster and Orleans shall elect one member each for terms of three years. At the 2003 elections, Brewster, Eastham, and Orleans shall elect one member each, for terms of three years. At the 2004 elections, Brewster shall elect two members, and Eastham, Orleans and Wellfleet one member each, for terms of three years. The terms of all such elected members shall commence on the day following their election and continue for the terms for which they are elected and thereafter until their successors are elected and qualified. Thereafter, at every succeeding annual or special town election when a member town is required to elect a member each town shall elect such member to serve on the Committee for a term of three years commencing on the day following such election. or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) SUMMARY The Nauset Regional School Committee must reorganize every ten- (10) years to comply with federal one person-one vote standards. This article will phase in that process over the next three town elections, resulting in a ten-member school committee with four (4) representatives from Brewster. This representation is in direct proportion to the town’s share of the Nauset Regional School District’s population. BOS: 2-YES; 3-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MAIN MOTION: I move that the town vote to approve Article no. 17 as printed in the warrant. AMENDED MOTION: I respectfully move that the Town indefinitely postpone article no. 17. ACTION: Adopted Yes- 111 No- 87 HAZARDOUS WASTE COLLECTION DAY PROGRAM ARTICLE NO. 18: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of EIGHT THOUSAND AND 00/100 ($8,000.00) DOLLARS to finance costs associated with the hazardous waste collection day program 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 Health) SUMMARY This article provides an annual opportunity for residents to dispose of household quantities of hazardous waste in a safe and secure manner. The ultimate purpose of this program is to protect groundwater resources from possible contamination due to the improper disposal of hazardous materials. [There will be a tax rate impact of .5-cents per $1,000.00 of property valuation.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MOTION: I move that the town vote to approve Article no. 18 as printed in the warrant and to raise and appropriate the sum of $8,000.00 for this purpose. ACTION: Adopted Unanimously AMENDMENT TO ZONING BYLAW/ACCESSORY BUILDINGS ARTICLE NO. 19: To see if the Town will vote to amend the Brewster Zoning By-law by deleting from the Code of the Town of Brewster, Massachusetts, Chapter No. 179, Section No. 179-2.B the current definition of “BUILDING, ACCESSORY” and substituting therefore the following new definitions in proper alphabetical sequence: BUILDING, ACCESSORY – A detached building or structure (a) which is used for a purpose which is customarily incidental and subordinate to the use of the principal building, (b) which is located on the same lot, and (c) which is not a Shed as defined in this bylaw. Accessory buildings or structures shall conform to the setbacks in the Town of Brewster Zoning Bylaw. No accessory building shall contain habitable space or be used for human habitation. SHED – A single story detached building or structure (a) which has a footprint that does not exceed one hundred twenty (120) square feet, (b) which is used for a purpose which is customarily incidental and subordinate to the use of the principal building, and (c) which is located on the same lot. A shed may be located as close as ten (10) feet from any side or rear property line, but shall conform to the front property line setback, as required by the Town of Brewster Zoning Bylaw. No shed shall contain habitable space or be used for human habitation. or to take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) SUMMARY This bylaw clarifies the description of sheds and accessory buildings, eases the setback requirements for sheds and emphasizes that they may not serve as dwellings. BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING INDEFINITELY POSTPONED AMENDMENT TO ZONING BYLAW/FOOT BRIDGES ARTICLE NO. 20: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, by repealing Chapter No. 179, Article II, Section No. 179-6.E Subsection (3) [ "Footbridges, constructed or fabricated trails and walks, docks and landings."] and by renumbering Subsections (4), (5), (6), and (7) as (3), (4), (5), and (6), or to take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) SUMMARY Currently, “footbridges, constructed or fabricated trails/walks, docks and landings” require an order of condition from the Conservation Commission and a special permit from the Zoning Board of Appeals. The deletion of this section within the Zoning Bylaw would eliminate the requirement for an applicant to obtain a repetitious special permit from the Zoning Board of Appeals. This type of activity would require only the approval of the Conservation Commission. This article will help to streamline and simplify the permitting process. BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 5-YES; 0-NO; 1-ABSTAINED MOTION: I move that the town vote to approve Article no. 20 as printed in the warrant. ACTION: Adopted Unanimously TOWN CODE / MANDATORY RECYCLING BYLAW ARTICLE NO. 21: To see if the Town will vote to adopt, as Chapter No. 141 of the Code of the Town of Brewster, the following general bylaw: Recycling Bylaw Section 1. Title. This bylaw shall be cited and may be referred to as the "Recycling Bylaw". Section 2. Purpose. With the state-mandated closure of landfills across Cape Cod, waste disposal costs have increased dramatically. The Town’s waste disposal fees are not and have not been, for several years, reflective of the actual cost that the Town incurs for processing. It is the goal of the Town of Brewster to encourage the public to reduce waste, re-use and recycle material and items that are re-usable, but currently viewed as waste. Furthermore it is the goal of this bylaw to encourage the public to dispose of solid waste generated within the town in the most environmentally acceptable manner and to reduce the amounts of the Town's solid waste which are transported at substantial cost to SEMASS for incineration. Through a more rigorous recycling initiative the Town will increase the percentage of the Town's solid waste, which is recycled, and hence divert that portion of the waste stream from costly processing. Section 3. Implementation. The Board of Selectmen is hereby granted the authority to issue rules and regulations implementing this bylaw, and the Board shall have the authority to require that materials brought to the Brewster Transfer Station must conform to disposal and recycling criteria established by its regulations. The rules may: 1. require the separation of recyclable from non-recyclable materials at the generating source; 2. Require that recyclable materials be sorted by type; 3. Establish "criteria for acceptance" of materials at the Brewster Transfer Station and issue regulations which will outline the condition in which each item will be accepted; 4. Require that materials be delivered in the conditions set forth in the "criteria for acceptance"; 5. Establish procedures that the public must necessarily follow to facilitate the efficient processing and handling of recyclable and non-recyclable materials at the Transfer Station; 6. Establish procedures and policies to ensure compliance with this Bylaw, and; 7. Establish other rules and procedures necessary to meet the goals set forth in Section No. 2. The Board of Selectmen shall have the authority, after a public hearing, to include items on the mandatory recycling schedule even when they are not listed in the CMR 310 waste bans. However, all items listed in the CMR 310 waste bans shall be included in the Town's mandatory recycling schedule according to, or earlier than, the State's implementation schedule. Mandatory recycling of items listed in the CMR 310 waste bans may be implemented sooner than the dates set by the State, but not later. The Board of Selectmen may, from time to time and after determination at a public hearing, change the items listed on the schedule. Section 4. Public Hearing. Notice of a public hearing shall be advertised at least fourteen (14) days prior to the hearing date and all commercial waste haulers licensed by the Brewster Board of Health shall be notified in writing of a public hearing at least fourteen (14) days prior to the hearing. At the public hearing, the Board of Selectmen may consider federal and state laws regulating the disposal and delivery of recyclable and solid waste materials, the current market conditions for the item(s) proposed to be recycled, the practicality of recycling the item(s), the cost versus the benefit of recycling the item(s), and any other pertinent information deemed necessary for the determination of an informed decision. The decisions reached by the Board of Selectmen at the public hearing, including the schedule of effective dates for mandatory recycling of items, the criteria for acceptance and rules pertaining to efficient and effective recycling at the Transfer Station, shall be incorporated into the implementing regulations. The recycling schedule, or any revisions thereto, shall become effective a least thirty (30) days after a public hearing. A copy of recycling schedule shall be filed in the Town Clerk’s Office and posted at the Brewster Town Offices, the Brewster Transfer Station, and any other location designated by the Brewster Board of Selectmen. Section 5. Enforcement. The Superintendent of Public Works, or his/her designee, shall have the right to periodically inspect any materials delivered to the Transfer Station to be sure that all materials that the Board of Selectmen have designated as required recyclables are properly separated from non-recyclable materials and are in acceptable condition as identified by the Board of Selectmen in the implementation schedule attached as Recycling schedule. The Superintendent of Public Works, or his/her designee, may refuse to accept any materials that are in violation of this by-law, and reserves the right to revoke the disposal privileges and permits from repeat offenders. The Superintendent of Public Works may issue fines for the violation of this bylaw. All such fines may be recovered by non-criminal disposition in accordance with MGL Chapter No. 40, Section No. 21D. When the Superintendent of Public Works fines a commercial waste hauler, the Brewster Board of Health shall be notified within seven (7) days of issuance of the fine. For the purposes of this bylaw, the enforcing persons shall be the Superintendent of Public Works and any member of the Police Department. Section 6. Violations and Penalties. Any delivery which is made by any person or commercial waste hauler and which violates the conditions and rules established by the Board of Selectmen and attached as recycling schedule may be punished by fine as follows: First offense during one year's time.........written warning Second offense during one year's time................$ 50.00 Third offense during one year's time...............….$100.00 Subsequent offenses may be subject to fine at the $100.00 rate and/or to revocation or suspension of disposal privileges. Within the boundaries of the Town of Brewster but excluding the Transfer Station, any abandonment, disposal, or dumping on public property of any materials or items or any abandonment, disposal, or dumping of items listed on the recycling schedule is forbidden. Illegal disposal and/or dumping is a crime and shall be punished to the highest and severest extent of the law, including fines, confiscation of vehicles and possible imprisonment. The Superintendent of Public Works may issue fines for the violation of this bylaw. All such fines may be recovered by non-criminal disposition in accordance with MGL Chapter No. 40, Section No. 21D. When the Superintendent of Public Works fines a commercial waste hauler, the Brewster Board of Health shall be notified within seven (7) days of issuance of the fine. For the purposes of this bylaw, the enforcing persons shall be the Superintendent of Public Works and any member of the Police Department. Section 7. SEVERABILITY. The invalidity of any section, subsection, sentence, clause, phrase or portion of this bylaw shall not invalidate the remaining portions thereof. or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY This bylaw was proposed as a means of holding the private waste haulers to the same standards that the Town holds individuals and homeowners when they deliver solid waste to the Town’s Transfer Station. Private waste haulers are currently not required to separate recyclable materials from the waste stream. Homeowners, who sort their recyclable materials and bring their separated waste to the Transfer Station, would not be affected by this bylaw. Individuals and companies contracting for waste disposal services will most likely be affected, since their contractor will probably institute charges for this additional service. This bylaw would result in a reduction of the amount of solid waste that is transported to the SEMASS waste to energy plant, which is located in Rochester, MA. In addition, it would increase the amount of separated materials for the recycling marketplace. This bylaw would also serve to bring us into closer compliance with the Commonwealth of Massachusetts’ recycling policy goals. There would be an initial capital cost of about $40,000 for additional equipment. In addition, it is estimated that there would be new operational cost of about $45,000 per year. It is unclear if the avoided tipping fees at the SEMASS facility, coupled with unsure revenues from the sale of recyclable would offset the additional expenses incurred by the town and the homeowners. The market for recycling materials is particularly unstable and unreliable at this time. BOS: 1-YES; 4-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MOTION: I move that the town vote to indefinitely postpone consideration of Article no. 21. ACTION: Adopted AMENDMENT TO ZONING BYLAW/ SIGN REGULATIONS ARTICLE NO. 22: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts by amending Chapter 179-20.5. “Regulations for Specific Types of Signs”, to read, as follows, (Proposed changes are underlined and highlighted in bold): 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, twinned with Budleigh Salterton, England”. 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 Selectmen) SUMMARY Town meeting recently provided authorization to erect “Welcome to Brewster” signs at the various borders of the town. To date no signs have been made and installed. This amendment would provide for the addition of a reference to Brewster’s twinning association with Budleigh Salterton, England within these signs. BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Article no. 22 as printed in the warrant. ACTION: Adopted Yes- 194 No- 20 MASSACHUSETTS TECHNOLOGY GRANT PROGRAM ARTICLE NO. 23: To see if the Town will vote to authorize the Town Administrator, acting through the Board of Selectmen, to apply for and accept grant proceeds (Waste to Energy Grant Program) offered through the Massachusetts Technology Park Corporation from the Massachusetts Renewable Energy Trust Fund; these funds will be transferred to SEMASS and utilized to alleviate certain payment obligations incurred by the Town through long-term contractual agreements with the SEMASS Partnership, the owner/operator of the waste to energy facility in Rochester, MA, and to authorize the Town Administrator to expend the grant funds, solicit proposals/bids and enter into contracts for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY In 1997 the Governor approved legislation that served to restructure the electricity industry in the Commonwealth of Massachusetts. The act required the Department of Telecommunications and Energy (DTE) to impose a mandatory charge per kilowatt-hour for all electricity consumers in order to support the development and promotion of renewable energy projects. As required by this legislation, the Massachusetts Technology Park Corporation (MTPC), an independent state agency has placed the revenues generated from this surcharge into a trust fund. The MTPC was charged with the authority to disperse grants from the trust to alleviate payment obligations incurred by municipalities and other governmental bodies, under an existing contractual agreement, for the installation of pollution control technology. The Town of Brewster has a solid waste disposal contract with SEMASS, a resource to energy facility that was required to upgrade their air quality equipment. The member communities of SEMASS have applied and received a grant from MTPC, which will be used to reduce the town’s long-term payment obligations under this program. BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Article no. 23 as printed in the warrant. ACTION: Adopted FUNDING FOR THE EVALUATION OF PURCHASE OF REAL ESTATE ARTICLE NO. 24: To see it the Town will vote to raise and appropriate and/or to transfer from available funds the sum of TWENTY THOUSAND AND 00/100 ($20,000.00) DOLLARS for the purpose of investigating and making recommendations for the purchase of 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 action relative thereto. (Majority Vote Required) (Open Space Committee) SUMMARY This article will provide funds that will allow the Open Space Committee to evaluate and investigate the potential purchase of land for watershed protection, open space and recreational purposes. The committee to contract with various technical and professional services to support this acquisition process will use these funds. [There will be a tax rate impact of 1.2-cents per $1,000.00 of property valuation.) BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Article no. 24 as printed in the warrant and to transfer the sum of $20,000.00 from Free Cash for this purpose. ACTION: Adopted BETTERMENTS DEFFERAL PROGRAM ARTICLE NO. 25: To see the Town will vote to accept the provisions of Chapter No. 80, Section No. 13B of the General Laws, to allow for the deferral of betterments under Chapter No. 59, Section No. 5, Clause 41A, or to take any other action relative thereto. (Majority Vote Required) (Board of Assessors) SUMMARY The adoption of this article will allow the town to extend the tax deferral program to include costs associated with septic betterment expenses. When the town first adopted the provisions of Chapter 80 under the Massachusetts General Laws, the septic betterment program did not exist. With the advent of this new program, it has become necessary to fine-tune the program to allow deferrals consistent with Chapter 59, Section 41A for elderly exemptions. BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Article no. 25 as printed in the warrant. ACTION: Adopted Unanimously ELDERLY EXEMPTION ARTICLE NO. 26: To see the Town will vote to accept the provisions of Chapter No. 59, Section No. 5, Clause 17E of the General Laws, to allow for the adjustment of certain elderly exemptions by an annual consumer price index established by the Massachusetts Department of Revenue, or to take any other action relative thereto. (Majority Vote Required) (Board of Assessors) SUMMARY The acceptance of this enabling legislation under Chapter 59, Section 17D of the Massachusetts General Laws will allow the town to adjust the elderly exemption provision to reflect increases in the Consumer Price Index. The elderly exemption is currently set at $175.00 per year. In Fiscal Year 2002 the town provided twenty such exemptions to eligible taxpayers. Based upon the current index the total program expenses would increase would by $129.00 per year or a total or $6.45 per applicant. BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Article no. 26 as printed in the warrant. ACTION: Adopted OPEN SPACE / GIFT OF LAND ARTICLE NO. 27: To see if the Town will vote to authorize the Board of Selectmen to acquire the land, which is designated on the Board of Assessors’ Maps, as follows: 1. Map No. 22 , Parcel No. 11; said acquisition to be undertaken by gift, purchase or by an eminent domain taking under the General Laws, Chapter No. 79 and any other enabling authority for use as open space; to appropriate a sum of money to pay for land acquisition, tax awards, financing, and other costs incidental and related thereto; to authorize the Board of Selectmen to apply for, accept, and expend any funds which may be provided by the Commonwealth of Massachusetts or some other source to defray a portion or all of the costs of acquiring this property; 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. (Majority Vote Required) (Open Space Committee) SUMMARY The 2001 Fall Yearly Town Meeting authorized the Board of Selectmen to acquire a small parcel of land consisting of 3.3 acres north of Route 6A in West Brewster. As a part of this acquisition the owner has agreed to further gift a neighboring 2- acre parcel to the town or the Conservation Trust for conservation/open space purposes. This article will provide the necessary authorization for the town to accept this property. BOS: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MOTION: I move that the town vote to approve Article no. 27 as printed in the warrant. ACTION: Adopted Unanimously OPEN SPACE LAND ACQUISITION ARTICLE NO. 28: 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. 36, as Parcel No. 1-0, located off A.P. Newcomb Road, in the Town of Brewster, Barnstable County, Massachusetts, which parcel is further described in the deeds recorded at the Barnstable County Registry of Deeds in Deed Book 11243, Page 149 and Deed Book 12202, Page 216, consisting of approximately 18.3 acres, more or less, of which 3.97 acres, more or less, is comprised of land subject to an easement of Cape & Vineyard Electric Company and its successors and assigns more fully described in the easement instrument recorded at the Barnstable County Registry of Deeds in Book 702, Page 336, and of which 14.33 acres, more or less, is comprised of open space; to acquire the entire parcel by gift, purchase or eminent domain taking under Massachusetts General Laws, Chapter No. 79, or any other enabling authority; to acquire the 3.97 acres consisting of the land subject to the easement for general public purposes; to acquire the remaining 14.33 acres 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 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 G.L. c. 184, Sections 31 – 33, over the 14.33 acres acquired for purposes under the Act, allowing conservation and passive recreation uses within the meaning of the Act and Massachusetts General Laws, Chapter 40, Section 8C; to authorize the Board of Selectmen to contract with a registered land surveyor for purposes of conducting a full perimeter survey of the property and preparing a plan of land for recordation at the Barnstable County Registry of Deeds; to appropriate a sum of money to pay for land acquisition and other costs incidental and related thereto, including costs associated with said survey and plan; to authorize the Town Treasurer to transfer from available funds a sum of money for the purpose of paying for the engineered survey; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money for the acquisition of the 14.33 acres 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 authorize the Town Treasurer, with approval of the Board of Selectmen, to transfer from available sums a sum of money for the acquisition of the remaining 3.97 acres subject to the easement; to authorize the Town Treasurer 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; to authorize the Conservation Commission to assume the care, custody, control and management of the 14.33 acres of the property acquired for purposes under the Act; and to authorize the Board of Selectmen to assume the care, custody, control and management of the remaining 3.97 acres of the property acquired for general public purposes; or to take any other action relative thereto. (Majority Vote Required) (Open Space Committee) SUMMARY This parcel of land contains approximately 18.3 acres and is located off A.P. Newcomb Road in West Brewster. The parcel is bisected by the corridor easement for the electric company’s transmission lines. The balance of this rolling site is a heavier forested parcel that includes a small wetland area. The purchase of land certainly has open space, wetland and wildlife habitat protection value. The proposed purchase price is $22,500.00 per acre. The town and the landowner have executed a purchase and sales agreement that is conditional upon town meeting approval. We will be requesting that the town authorize the borrowing of approximately $322,000 for the acquisition of 14.33 acres, which will be financed from Land Bank proceeds over a period of time. The balance of the site is 3.97 acres, which is essentially the land within the utility corridor. We will be recommending that this portion be acquired with a transfer of $88,900.00 from available funds, since it fails to meet the stringent environmental protection standards established under the Land Bank program. BOS: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MOTION: I move that the town authorize the Board of Selectmen to acquire a parcel of land which is designated on Brewster Assessor’s map no. 36, as parcel no. 1-0, located off A.P. Newcomb road, in the Town of Brewster, Barnstable County, Massachusetts, which parcel is further described in the deeds recorded at the Barnstable County registry of deeds in deed book 11243, page 149 and deed book 12202, page 216, consisting of approximately 18.3 acres, more or less, of which 4.5 acres, more or less, is comprised of land subject to an easement of Cape & Vineyard Electric Company and its successors and assigns more fully described in the easement instrument recorded at the Barnstable County Registry of Deeds in book 702, page 336, and of which 13.8 acres, more or less, is comprised of open space; that such acquisition may be made by gift, by purchase or by eminent domain taking under Massachusetts General Laws, Chapter 79, or pursuant to any other enabling authority; to acquire the 4.5 acres consisting of the land subject to the easement for general public purposes; to acquire the remaining 13.8 acres for uses defined by Chapter 293 of the Acts of 1998, also known as the act relative to the establishment of the Cape Cod Open Space Land Acquisition Program (hereinafter, the “act”; to authorize the Board of Selectmen to grant to the Trustees of the Brewster conservation Trust, for no consideration, a perpetual conservation restriction to the provisions of Chapter 184, Section 31 – 33 of the General Laws, over the 13.8 acres acquired for purposes under the act, allowing conservation and passive recreation uses within the meaning of the act and Massachusetts General Laws, Chapter 40, Section 8c; to authorize the Board of Selectmen to contract with a registered land surveyor for purposes of conducting a full perimeter survey of the property and preparing a plan of land for recordation at the Barnstable County Registry of Deeds; to appropriate the sum of $310,000.00 to pay for a portion of the aforesaid land acquisition and other costs incidental and related thereto, including costs associated with said survey and plan and to meet this appropriation the town treasurer, with the approval of the Selectmen, is hereby authorized to borrow said amount, under and pursuant to Chapter 44, Section 7(3) of the General Laws, or pursuant to any other enabling authority and to issue bonds or notes of the town therefor; that the sum of $7,000.00 is hereby transferred from Free Cash of the town for the purpose of paying for the aforesaid engineering survey; that the sum of $101,750.00 is hereby transferred from Free Cash of the town for the purpose of the acquisition of the remaining 4.5 acres subject to the easement; that the sum of $9,500.00 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; 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 or 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; to authorize the conservation commission to assume the care, custody, control and management of the 13.8 acres of the property acquired for purposes under the act; and to authorize the Board of Selectmen to assume the care, custody, control and management of the remaining 4.5 acres of the property acquired for general public purposes. ACTION: Defeated Yes-143 No- 79 REAL ESTATE ACQUISITION ARTICLE NO. 29: To see if the Town will vote to authorize the Board of Selectmen to acquire a building and associated property improvements, which is designated on the Board of Assessors’ Maps, as follows: 1. Map No. 46, Parcel No. 41; said acquisition to be undertaken by gift, purchase or by an eminent domain taking under the General Laws, Chapter No. 79 and any other enabling authority for municipal use; to appropriate a sum of money to pay for this acquisition, tax awards, financing, and other costs incidental and related thereto; to authorize the Board of Selectmen to apply for, accept, and expend any funds which may be provided by the Commonwealth of Massachusetts or some other source to defray a portion or all of the costs of acquiring this site; and to authorize the Water Department to assume the care, custody, control and management of this property, or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Selectmen & Water Commission) SUMMARY The Water Department has been evaluating the space needs of its 30-year-old office and garage facility since 1999. Conceptual planning for the expansion of the existing facility located at 1671 Main Street location, behind the COA and Fire Department has begun, but expansion possibilities on the site are very limited. The COA and the Fire Department, which is currently seeking funding for an expansion program, share this location. The existing Water Department building has had two minor interior renovations during this period. In addition, the Water Department took over utilization of the garage at the north end of the parking lot when the new DPW complex was constructed off Run Hill Road in 1990. In 1974, the Water Department had 4 employees, 42 miles of system, 1,100 service accounts, 535 hydrants, two supply wells and one water standpipe. Today, the Department has 11.5 employees, 103 miles of system, 6,930 service accounts, over 1,300 hydrants, 4 wells with a fifth planned, 3 supply treatment facilities and two water standpipes. While the operation of the department has been as conservative as possible, the efficiency of the operation and the safe, proper storage of materials is currently being hindered by lack of space. A used space building, on town owned in the Commerce Park, off Freeman’s Way, is for sale. The building and lot size are large enough to accommodate the Water Department’s operations for many years to come. The condition of the building and a construction estimate for the expense to modify the warehouse type building to house the necessary offices, garage and storage space is being evaluated. More detailed information will be presented at town meeting. If the assessment of the space building and associated costs proves positive, this alternative location for the Water Department would be attractive. The move will relocate the Water Department’s operations center to the Freeman’s Way area. Other town departments in need of space would utilize the existing Water Department building. This article and the building represent a unique opportunity to solve space needs for the Water Department and the town. BOS: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MOTION: I move that the town authorize the Board of Selectmen to acquire a building and associated property improvements, which is designated on the Board of Assessors’ maps, as follows: 1. Map no. 46, Parcel no. 41; Said acquisition to be undertaken by gift, purchase or by an eminent domain taking under the General Laws, Chapter 79 and any other enabling authority for municipal use; to appropriate the sum of $206,000.00 to pay for this acquisition, tax awards, financing, and other costs incidental and related thereto and to meet this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow up to the sum of $200,000.00, under and pursuant to Chapter 44, Section 7(3) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the town therefor; that the sum of $6,000.00 is hereby transferred from the Water Revenue Account 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 of Massachusetts or some other source to defray a portion or all of the costs of acquiring this site; and to authorize the water department to assume the care, custody, control and management of this property. ACTION: Adopted Yes- 198 No- 31 WATER QUALITY GRANT FOR LONG POND ARTICLE NO. 30: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money in 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) SUMMARY Long Pond is a shared resource of the towns of Harwich and Brewster and is the largest great pond on Cape Cod. Water quality problems in the late 1990’s prompted Brewster, Harwich, the Long Pond Watershed Association and the Cape Cod Commission to conduct a water quality assessment funded by the Massachusetts Department of Environmental Management. Subsequently, these partners prepared a management plan entitled, “Management Study of Long Pond, Brewster and Harwich”, completed in the summer of 2001 by ENSR International. This management plan recommended the addition of aluminum salts to address the nutrient and oxygen conditions. In addition, an education effort is recommended to address the root causes of degraded water quality in the pond. The combination of in-lake and watershed phosphorous reductions offers an opportunity to successfully attain sustainable long-term protection of water quality in Long Pond. Brewster’s share of the $350,000.00 restoration grants proposal is $30,000.00 to 45,000.00. It appears that this article will be indefinitely postponed at town meeting. The Town of Harwich has made a decision to defer action on this project at this time. BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED INDEFINITELY POSTPONED REHABILITATION OF STANDPIPE NO. 1 ARTICLE NO. 31: To see if the Town will vote to appropriate a sum of money to pay for engineering and designing services, construction and modifications, the complete removal of interior and exterior paint and the subsequent repainting of Standpipe No. 1 (2 million gallon capacity), and all incidental and related costs, to meet this appropriation by transferring, raising, and/or borrowing these funds and by issuing notes and bonds therefor, to authorize the Town Treasurer, under the direction of the Board of Selectmen and pursuant to Massachusetts General Laws Chapter No. 44, Section No. 7 (3A) and any other enabling authority, to issue these notes and bonds, to raise and appropriate a sum of money to pay for the preparation, issuance, and marketing of these notes and bonds and to pay legal expenses and the interest on temporary notes, to authorize the Board of Selectmen through the Town Administrator, to solicit bids and/or proposals and to enter contacts and expend such funds for these purposes, to authorize the Town Administrator to seek and accept grants to defray these expenses but to reduce the amount of the notes and bonds authorized hereby by any sums received before their issuance, or to take any other action relative thereto. (Two-Thirds Vote Required) (Water Commissioners) SUMMARY The Town’s standpipes are in need of an overhaul. The paint coating is failing substantially and serious metal corrosion will occur if corrective action is not taken. Funds for Standpipe No. 2 were approved in May of 2001 and that project is progressing. This article will provide funding for Standpipe No. 1. The existing interior and exterior paints will be removed and replaced with new high performance coatings that should provide protection well into the future. The sum of $90,000.00 has also been included to install piping and diverters inside the tank, which will serve to improve the circulation of the stored water. This modification will assist to minimize problems associated with stagnation that occurs in this type of tank. Stagnation is a water quality liability. Funds for this project have been provided within the current rate structure and a ten-year borrowing is anticipated. Estimated first year payment for FY2003 will be $106,937.00. [These funds will be transferred from the Water Revenue Account.] BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 5-YES; 0-NO; 1-ABSTAINED MOTION: I move that the town vote to approve Article no. 31 and that the sum of $738,000.00 be appropriated to pay for engineering and designing services, construction and modifications, the complete removal of interior and exterior paint and the subsequent repainting of Standpipe No. 1 (2 million gallon capacity), and all incidental and related costs, and that to meet this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow the sum of $725,000.00 under and pursuant to Chapter 44, Section 8(7c) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the town therefor; that the additional sum of $13,000.00 is hereby transferred from the Water Surplus Account to pay for the preparation, issuance, and marketing of these notes and bonds and to pay legal expenses and the interest on temporary notes; that the Board of Selectmen through the Town Administrator, is hereby authorized to solicit bids and/or proposals and to enter into contracts and expend such funds for these purposes, and that the Town Administrator is hereby authorized to seek and accept grants to defray these expenses but to reduce the amount of the notes and bonds authorized hereby by the sums received before their issuance. ACTION: Adopted unanimously BOULDER ROAD WATER MAIN REPLACEMENT ARTICLE NO. 32: To see if the Town will vote to appropriate a sum of money to pay for engineering and designing services, materials and appurtenances, installation costs, and all incidental and related expenses for laying an eight (8”) inch ductile, iron water main approximately seven hundred twenty-five (725’) feet along the length of Boulder Road, to meet this appropriation by transferring, raising, and/or borrowing these funds and by issuing notes and bonds therefor under the authority of Massachusetts General Laws Chapter No. 44, Section No. 8(5) and any other enabling authority, to authorize the Town Treasurer, under the direction of the Board of Selectmen, to issue these notes and bonds, to raise and appropriate a sum of money to pay for the preparation, issuance, marketing of these notes and bonds and to pay legal expenses and the interest on temporary notes, to authorize the Board of Selectmen, through the Town Administrator, to solicit bids and/or proposals and to enter contracts and expend such funds for these purposes, to authorize the Town Administrator to seek and accept grants to defray these expenses but to reduce the amount of the notes and bonds authorized hereby by any sums received before their issuance, or to take any other action relative thereto. (Two-Thirds Vote Required) (Water Commissioners) SUMMARY The original plans for the subdivision’s water main called for the installation of an eight-inch pipe. However a two-inch pipe was unfortunately installed. The number of houses and lots on this street exceed the capacity of the exiting pipe. There are currently six houses on eight interior subdivision lots fronting Boulder Road. The Water Commissioners have decided to postpone this item until the 2002 Fall Yearly Town Meeting in order to provide adequate time to meet with the abutters and continue to refine this project. BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 5-YES; 0-NO; 1-ABSTAINED INDEFINITELY POSTPONED PRIVATE ROAD BETTERMENT PROJECT/MILLSTONE VILLAGE ARTICLE NO. 33: To see if the Town will vote to authorize the Board of Selectmen to undertake a series of temporary road repairs to the following roads: • Lund Farm Road • Horseshoe Way and furthermore, to authorize the Board of Selectmen to proceed with the reconstruction of these ways after it has been determined that the provisions of the Brewster Town Code, Article VIII, Chapter No. 157, Section No. 157-20 have been satisfied; to raise and appropriate, transfer from available funds, and/or to obtain by borrowing a sum of money to pay for the costs of, engineering, construction, reconstruction, and related expenses in connection therewith; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money, under and pursuant to Massachusetts General Laws, Chapter No. 44, Section No. 7 or any other enabling authority and to issue notes and bonds of the Town therefor; and, initially, to raise and appropriate and/or transfer from available funds a sum of money, to be recovered through the betterment assessments against the abutters, to pay the first year’s principal and interest expenses for this project, or to take any other action relative thereto. (Two-Thirds Vote Required) (Citizens’ Petition) SUMMARY The town adopted a bylaw at the 1996 Annual Town Meeting, which allows for citizens to petition town meeting to obtain funding assistance to undertake repairs to private ways. The town, along with the private road organization, will contract out for the repair work. The abutting property owners will then be required to reimburse the town for the full project costs, plus interest and administrative expenses, by means of a betterment assessment over a period of time. [There will be no tax rate impact related to this project. The abutters will incur all costs associated with this project through a betterment assessment.) BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED MOTION: I move that the Board of Selectmen is hereby authorized to undertake a series of temporary road repairs to the following roads: • Lund Farm Way • Horseshoe Way and furthermore, to authorize the Board of Selectmen to proceed with the reconstruction of these ways after it has been determined that the provisions of the Brewster Town Code, Article VIII, Chapter no. 157, Section no. 157-20 have been satisfied; that the sum of $293,000.00 is hereby appropriated to pay for the costs of engineering, construction, reconstruction, and related expenses in connection therewith; that to meet this appropriation, the town treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow the sum of $285,000.00, under and pursuant to Massachusetts General Laws, Chapter 44, Section 7 or any other enabling authority and to issue notes and bonds of the town therefor; and, initially, the sum of $8,000.00 is hereby raised and appropriated, to be recovered through the betterment assessments against the abutters, to pay the first year’s principal and interest expenses for this project. ACTION: Adopted Yes- 206 No- 4 RENOVATION AND EXPANSION OF THE FIRE STATION ARTICLE NO. 34: To see if the Town will vote to appropriate a sum of money for completing the design, constructing, renovating, originally equipping and furnishing of a Fire Station, including other costs incidental and related to the carrying out of this project and its financing, and to see whether such sum shall be raised by a transfer from available funds, or to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a certain sum of money under and pursuant to Chapter No. 44 of the General Laws, and/or any other enabling authority, and to issue bonds or notes of the Town therefor; to transfer from available funds an additional sum of money for the purpose of paying for the preparation, issuance and marketing of bonds and notes issued hereunder and for paying interest on temporary notes issued in anticipation thereof; provided, however, that a favorable vote under this article shall have no effect unless the Town votes at a regular or special election to exempt the amounts required to pay the bonds or notes and other related expenses from the limitation of Proposition 2 ½, so called, or to take any other action relative thereto. (Two-Thirds Required) (Board of Selectmen) SUMMARY The Town of Brewster undertook a needs and feasibility study for the Police and Fire Station in 1998. At that time both the Police and Fire Departments occupied the Main Street building. The long-range facility requirements of both the Police and Fire Departments were extensively evaluated. The study results indicated that the town should construct a new Police Station, and renovate and expand the existing building solely for Fire Department utilization. Of course the town built a new Police Station off Route 124, which was completed in June of 2001, and is now ready to undertake the second phase of this program.The existing fire facility consists of approximately 17,300 square feet. The building no longer meets the space requirement needs necessary for the professional and efficient operation of the Fire Station. This structure was originally constructed in 1973, and expanded in 1985. There is a primary need to expand the Fire apparatus garage and create living quarters for the fire staff. Significant construction of this nature triggers a series of requirements to bring the complete building up to today’ standards under the building codes, public safety and handicapped accessibility. Finally, a number of the building essential systems, i.e., electrical, communications, heating, cooling, plumbing and air quality need to be upgraded. The building that has been designed will provide an adequate facility for the operations of the Fire Department now, and well into the future. The town will be opening public bids on this project in late April of 2002, so we should have a firm construction number available for presentation at the 2002 Annual Town Meeting. Tax rate impact information will be provided at that time. BOS: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING MOTION: I move that the town vote to utilize a secret ballot method for the counting of the vote for Article no. 34 (Fire Station Renovation & Expansion Project). ACTION: Adopted Yes- 142 No- 111 MAIN MOTION: I move that the sum of $3,700,000.00 is hereby appropriated to pay for costs of completing the design, constructing, renovating, originally equipping and furnishing of a fire station, including other costs incidental and related to the carrying out of this project and its financing and that to meet this appropriation, the town transfer the sum of $500,000.00 from the Stabilization Fund and the Town Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow the amount of $3,200,000.00 said amount, under and pursuant to Chapter 44, Section 7(3) of the General Laws, or pursuant to any other enabling authority and to issue bonds or notes of the town therefor; to raise and appropriate the sum of $50,000.00 for the purpose of paying for the preparation, issuance and marketing of bonds and notes issued hereunder and for paying interest on temporary notes issued in anticipation thereof; provided, however, that a favorable vote under this article shall have no effect unless the town votes at a regular or special election to exempt the amounts required to pay the bonds or notes authorized by this vote from the limitations imposed by Proposition 2 ½, so called. ACTION: Defeated Yes- 124 No- 154 BAYSIDE SKIPPERS FUNDING ARTICLE NO. 35: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of FIVE THOUSAND AND 00/100 ($5,000.00) DOLLARS for the purpose of funding part of the transportation expenses for the Brewster Bayside Skippers Jump Rope Competition Team and to authorize the Board of Selectmen to enter into a contract in order to provide these recreational services for residents of Brewster and to expend such funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Citizens’ Petition) SUMMARY This article would help provide partial funding for transportation expenses for the competition team to attend the USA/Jump National Championship in June 2003 and the AAU Junior Olympics in August 2002. The Competition Team is made up of 35 members of the Brewster Bayside Skipper who have earned the privilege of competing at the national level. The Bayside Skippers are young Brewster athletes in grades 1-10. The petitioners have indicated that this will be a one- time request for financial assistance. [There will be a tax rate impact of .03-cents per $1,000.00 of property valuation.] BOS: 4-YES; 1-NO; 0-ABSTAINED FCR: 3-YES; 3-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Article no. 35 as printed in the warrant and to transfer the sum of $5,000.00 from Free Cash for this purpose. ACTION: Adopted AMENDMENT TO ZONING BYLAW / AFFORDABLE HOUSING ARTICLE NO. 36: To see if the Town will vote to amend the Code of the Town of Brewster, Chapter No. 179, also known as the Zoning Bylaws, Article I, “General Provisions”, Section No. 179-2., “Definitions.”, Sub-Section B., as follows: AFFORDABLE ACCESSORY APARTMENT – a single-family dwelling unit, controlled by a deed rider for affordability, and allowed by Special Permit duly authorized by the Zoning Board of Appeals in accordance with Section No. 170-42.1 or to take any other action relative thereto. (Two-Thirds Vote Required) (Citizens’ Petition) SUMMARY If approved, this article would incorporate a new definition under the Town’s Zoning Code for affordable accessory apartments. BOS: 3-YES; 2-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING INDEFINITELY POSTPONED AMENDMENT TO ZONING BYLAW / AFFORDABLE HOUSING ARTICLE NO. 37: To see if the Town will amend Article IV, “Use Regulations”, Section No. 179-11, Table of Use Regulations, to include the following new wording as Sub-Section B.3.2., “Affordable Accessory Apartments”, as follows: R-R R-L R-M C-H V-B I MRD CT 3.2. Affordable Accessory Apartment S S S S S S or to take any other action relative thereto. (Two-Thirds Vote Required) (Citizens’ Petition) SUMMARY This article would modify the Zoning Code’s to allow for affordable accessory apartments through the issuance of a special permit from the town’s Zoning Board of Appeals. These units will be allowed within the Residential-Rural (RR), Residential-Low Density (RL), Residential-Medium Density (RM), Village Business (VB) and Commercial High-Density (CH) zones. This provision would not allow these apartment units by right. The applicants would have to agree to the requirements as forth in the bylaw and, would be subject to conditions imposed by the Zoning Board of Appeals, after a public hearing process. BOS: 3-YES; 2-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING INDEFINITELY POSTPONED AMENDMENT TO ZONING BYLAW / AFFORDABLE HOUSING ARTICLE NO. 38: To see if the Town will vote to adopt a new section 179-42.1, to be known and “Affordable Accessory Apartments”, as follows: 179-42.1. Affordable Accessory Apartments. For the purpose of promoting the development of affordable housing in Brewster for year-round residents, one accessory dwelling unit per lot may be allowed by Special Permit from the Zoning Board of Appeals subject to the following standards and conditions: 1. Affordable Accessory Apartments may be allowed on residential lots with a minimum of 15,000 square feet of contiguous upland, if no change in the footprint of the existing building is proposed. If a change in building footprint is proposed, an Affordable Accessory Apartment may be allowed on a lot with ½ acre or more of contiguous upland, or on a commercial lot of 10,000 square feet or more of contiguous upland, provided additional new building coverage will not exceed a 50% increase to the existing principal structure footprint. 2. In order to create an Affordable Accessory Apartment, the owner of a residential property must occupy, as a primary residence, either the principal or accessory dwelling on that lot. For Affordable Accessory Apartments as part of a commercial property, the owner of the property must either reside in Brewster or have a property manager residing in Brewster, who will be named in the Special Permit and shall remain immediately responsible for the management of the Affordable Accessory Apartment. For the purposes of this section, residency shall be confirmed by listing on the annual town census. Changes in designation of a property manager or owner shall only be made by amendment to the Special Permit and shall require amendment to the deed and/or deed rider. 3. Affordable Accessory Apartments created under this bylaw shall be subject to a fifteen (15) year deed-rider, which shall maintain a maximum rent which can be charged, as defined in Subsection 8 herein. No Affordable Accessory Apartment shall be occupied until a copy of said deed rider is provided to both the Building Inspector and the Town Administrator. 4. Affordable Accessory Apartments shall not be larger than eight hundred (800) square feet or exceed fifty percent (50%) of the existing building coverage (as defined herein), whichever is smaller. 5. No more than twenty (20) new Affordable Accessory Apartments may be approved in a calendar year, excluding re-certifications. Completed applications for Affordable Accessory Apartments shall be reviewed in the order in which they are received by the Zoning Board of Appeals. 6. Site Requirements: a. Affordable Accessory Apartments may be within or attached to a principal dwelling or within an existing detached accessory structure. An Accessory Apartment as part of a principal structure shall not increase site coverage by more than fifty percent (50%) of the pre-existing building coverage. An Accessory Apartment within an existing detached accessory structure shall only be allowed if no increase in building coverage is proposed. b. Affordable Accessory Apartments shall be designed so as to be compatible with existing site and neighborhood conditions. c. Affordable Accessory Apartment units shall meet all state and local requirements, including Building Codes, Wetlands Protection, Title V, and Brewster’s Groundwater Protection District standards, if applicable. d. Where substantial repairs or upgrades are necessary to bring a property into code compliance, the Town and the Housing Authority will assist the property owner in identifying potential funding sources. 7. No Affordable Accessory Apartment shall be separated by ownership from the principal structure. 8. Owners of a property containing an Affordable Accessory Apartment shall be responsible for annual submission to the Building Inspector and the Brewster Housing Authority of information verifying occupancy status and management status of said Affordable Accessory Apartment. 9. Leases for Affordable Accessory Apartments shall be issued for twelve (12) months at a time, to be renewed pending verification by the Brewster Housing Authority, or the Housing Authority’s designee, of the tenant’s income. All occupants of an Affordable Accessory Apartment shall upon initial application and annually thereafter, submit necessary documentation to the Brewster Housing Authority, or the Housing Authority’s designee, to confirm their income eligibility for the Affordable Accessory Apartment. Specifically, Affordable Accessory Apartments created under this provision may only be rented to families or individuals meeting the guidelines of the United States Department of Housing and Urban development for Barnstable County for either low or moderate income households. 10. Maximum rents shall be established by the Brewster Housing Authority in accordance with the United States Department of Housing and Urban Development Fair Market Rental Guidelines, as amended from time to time. Property owners are required as part of the Special Permit application to submit to the Zoning Board of Appeals information on rents to be charged. Each year thereafter, owners shall submit verification to the Brewster Housing Authority on the actual annual rents charged. Forms for this purpose shall be provided by the Housing Authority, or an agent thereof. 11. Failure to comply with any provision of this bylaw may result in fines as established in Brewster’s Zoning Code, Chapter No. 179, Article X, “Administration and Enforcement”, Section No. 179-49. 12. In accordance with Massachusetts General Laws, Chapter No. 40A , Section No. 9, the Zoning Board of Appeals may adopt, after a duly advertised public hearing, rules and regulations further defining procedures or fees related to the administration of this bylaw. or to take any other action relative thereto. (Two-Thirds Vote Required) (Citizens’ Petition) SUMMARY This article is being proposed as a low-impact option for Brewster property owners wishing to rent a portion of their homes to income-qualified tenants. This bylaw is intended to provide seniors and families, experiencing financial difficulty in retaining their property, with rental opportunities. This bylaw is in keeping with the Town’s objective to scatter its affordable housing throughout town, as opposed to the development of large-scale projects. It is estimated that there are currently approximately 100 accessory apartments in Brewster. Many of these apartments were created through Zoning Board of Appeals’ special permit process for in-law or healthcare provider apartments. Under the town’s current bylaws rental apartments are only allowed when a family member or a healthcare provider occupies them. This new bylaw would provide property owners with a legal option for the continued use of those apartments as affordable rental units. In many cases, the bylaw would be accommodating existing residents who have been renting these apartments “illegally”. The units would still need to meet all zoning, health, building, and wetland code requirements. Units would be restricted to no more than 800 square feet in size, which equates to a small two-bedroom apartment. Units would be permitted in existing detached accessory structures, only if they do not expand the existing footprint. Accessory apartments would be allowed as additions to single-family owner-occupied homes and locally managed commercial properties, however, they can not expand the existing footprint of the primary structure by more than 50%. In order to receive the special permit, the property owner will be required to accept a 15-year deed rider to insure affordability. The Brewster Housing Authority, or its designee, will assist property owners in verifying income eligibility. The issuance of special permit applications will be limited to 20 units per year. BOS: 3-YES; 2-NO; 0-ABSTAINED FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING INDEFINITELY POSTPONED TOWN MEETING SCHEDULE ARTICLE NO. 39: To see if the Town will vote to amend Article No. I of Chapter No. 48 (Annual Town Meeting) of the Code of the Town of Brewster, Massachusetts by substituting therefor, but with the same code designation, the following general by-law (Proposed changes are underlined and highlighted in bold): § 48-1. Designation of time. The town will hold two regularly scheduled Town Meetings. The Spring Annual Town Meeting for the transaction of all business for the town, other than matters to be determined by ballot, shall be held on the second Saturday in May to commence at 10:00 a.m. A one hour lunch break will be provided, and adjournment shall be no later than 5:00 p.m. The Annual Election for the election of officers and such matters as are by law determined by ballot shall be held on the third Tuesday in May. The Fall Yearly Town Meeting will be held the third Monday in November to address the transactions of all business for the town. or to take any other action relative thereto. (Majority Voted Required) (Citizens’ Petition) SUMMARY A solution to the problem of low attendance at town meetings must be found in order to insure that a larger and more representative number of voters are encouraged and allowed to participate in town government. The reasons for limited attendance at night meetings have been addressed in discussions with the Selectmen and other town officials. Well-intended attempts to work at solutions have had limited impact. Saturday meetings will not add to the cost of doing the business of the town and may indeed lower them by enabling us to complete action on all articles on the warrant in a single session. This would reduce the chance that the town’s business would not get completed due to lack of quorum at second or third sessions. BOS: 1-YES; 2-NO; 2-ABSTAINED FCR: 0-YES; 6-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Article no. 39 as printed in the warrant. ACTION: Defeated ADOPTION OF BYLAW/CAPITAL EXPENSE BALLOT QUESTION ARTICLE NO. 40: To see if the Town will vote to adopt the following Bylaw: Any amount of money to be appropriated, borrowed and/or bonded in excess of seventy-five thousand ($75,000.00) dollars, excepting the Town’s Operating Budget which is voted in a Town Meeting, shall not become valid unless ratified by a majority of the voters by ballot in a subsequent Town Election. The effective date of this bylaw shall be the first day of fiscal year two thousand and three (2003), or to take any other action relative thereto. (Majority Vote Required) (Citizens’ Petition) SUMMARY Too often at town meeting municipal spending is determined by a majority of a small minority of Brewster’s voters. There are many reasons why voters may not be able to attend a town meeting. Age, inability to drive safely at night and the unavailability of babysitters can all contribute to unavoidable absences. By placing all major money articles on the ballot at the town election, a more democratic representation of the wishes of all the voters of the town will be allowed. It is far less likely that special interest groups can influence an election. BOS: 0-YES; 5-NO; 0-ABSTAINED FCR: 0-YES; 6-NO; 0-ABSTAINED MOTION: I move that the town vote to approve Article no. 40 as printed in the warrant. ACTION: Defeated PENSION FUND ARTICLE NO. 41: To see if the Town will vote to raise and appropriate and/or 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) SUMMARY The unfunded pension liability is the difference between the value assigned to those retirement benefits already earned by a municipality’s employees and the assets that the local retirement system has on hand to meet these obligations. The dollar value of the unfunded pension liability is driven by assumptions about interest rates at which retirement system’s assets will grow and the rate of future costs of living increases to pensioners. The town is participating in a multi-year program is address this long-term financial obligation. Due to the current financial demands that the town is experiencing this article will most likely be indefinitely postponed at town meeting. BOS: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING INDEFINITELY POSTPONED STABILIZATION FUND ARTICLE NO. 42: To see if the Town will vote to add a sum of money to the Stabilization Fund and to raise and appropriate and/or 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) SUMMARY The purpose of this article is to transfer an amount of money into the Stabilization Fund to be used for future capital expenditures. Due to the current financial demands that the town is experiencing this article will most likely be indefinitely postponed at town meeting. BOS: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING FCR: RECOMMENDATION IS DEFERRED UNTIL TOWN MEETING INDEFINELTY POSTPONED