HomeMy Public PortalAbout2000-05-01 Annual Town Mtg ReportReport of the
SPECIAL TOWN MEETING
May 1, 2000
In accordance with the Warrant, the Special Town Meeting was held in the Brewster Elementary
School Cafetorium, Monday, May 1, 2000.
__ The meeting was called to order at 7:10 p.m. by the Moderator, Stephen L. Doyle. The Tellers
were Elizabeth M. Hardy, Sheila Gerhardt, Ruth Hanlon, June Gallant, Kenneth Berbrick and
Althea Alling. The Checkers were Joanna Tabbutt, Mildred Unger, Janet Norton, Sherry Ryder,
Germaine Cummins, Dorothy Leone, Ann Golini and Nancy Berbrick
A quorum was present.
Town Clerk, Joan K. Cole, read the Special Town Meeting Warrant and the return of the
Warrant. There being no objection, the Moderator dispensed with the reading of all the articles.
UNPAID BILLS
ARTICLE 1. To see if the Town will vote to transfer from available funds a
sum of money to pay unpaid bills from a previous fiscal year, or to take any other action relative
thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to indefinitely postpone consideration of Article l.
ACTION: ADOPTED
BUDGETARY TRANSFERS
ARTICLE2. To see if the Town will vote to transfer from available funds
and/or appropriate from surplus funds in some departments an amount of money to be used in
conjunction with funds appropriated under current fiscal year budgets during the current fiscal
year to pay shortfalls that would otherwise exist in the Fiscal Year 2000 budgets of other
departments, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 2 and to transfer various funds within
Article 7 of the 1999 Annual Town Meeting to finance Fiscal Year 2000 shortfalls, as follows:
a) Transfer the sum of $4,000.00 from Line Item 9 (Legal Services) to Line Item 2 (Board of
Selectmen's Expenses;
b) Transfer the sum of $1,936.00 from Line item 9 (Legal Services) to Line Item 7 (Assessor's
Expenses:
c) Transfer the sum of $500.00 from Line Item 9 (Legal Services) to Line item 10 (Town
Clerk's Staff Wages);
d) Transfer the sum of $500.00 from Line Item 9 (Legal Services) to Line Item 17 (Town Hall
Maintenance Wages);
e) Transfer the sum of $3,000.00 from Line item 31 (Department of Public Works Solid
Waste) to Line Item 31 (Department of Public Works Wages);
f) Transfer the sum of $3,000.00 from Line Item 31 (Department of Public Works Solid
Waste) to Line Item 31 (Department of Public Works road Machinery);
Weights (each):
Avoirdupois
Metric
Apothecary
Troy
Liquid Measures (inches):
Inlet Y:? or less, oil and grease
Inlet Y:? to l, gasoline pump
Inlet more than 1
Vehicle tank pump
Vehicle tank, gravity
Bulk storage
Bulk with prover supplied
Pumps, each stop
Liquid Tanks
Other:
Taxi meter
Odometer/Hubometer
Fabric Measure
Leather measure
All other measures
Yardstick
Tapes
Wire Rope Cordage
Milk Jars Gross
Dry Measures
Re-inspection
[$ LOO]
[$ LOO]
[$ LOO]
[$ LOO]
[$ 5.00]
[$ 8.00]
[$ 15.00]
[$ 20.00]
[$ 40.00]
[$ 20.00]
[$ 6.00]
[$ 6.00]
[$ 4.00]
[$ 4.00]
[$ LOO]
$ 5.001$ 3.00
Delete
Delete
Delete
Delete
$ 15.00/$10.00
$ 25.00/$20.00
$ 40. 00/$30. 00
$ 40.00/$30.00
$ 40. 00/$30. 00
$ 50.00/$30.00
$ 5.001$ 5.00
$ 5.00/$ 5.00
$ 3.00/$ 3.00
$ 25.00/$20.00
$ 35.00/$20.00
$ 15.00/$10.00
$100.00/$75.00
$ 15.00/$10.00
$ 15.00/$10.00
$ 15.00/$10.00
$ 15.00/$10.00
$ 15.00/$10.00
$ 50.00/$30.00
$ 50.00 each
The above referenced proposed fee schedule is grouped on the basis whereby the first three
devices will be charged at the first rate. If there are four or more units the second rate will
apply.
or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 4 as printed in the Warrant.
ACTION: ADOPTED
FIREWORKS DISPLAY
ARTICLE 5-To see if the Town will vote to transfer from available funds the
sum of ONE-THOUSAND AND 001100($1,000.00) DOLLARS to participate with the towns of
Orleans and Eastham in funding the costs associated with the 4th of July fireworks display,
which is held annually in the Town of Orleans, and to authorize the Board of Selectmen to solicit
bids, enter into contracts, accept gifts and expend these funds for this project, or to take any
other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 5 as printed in the Warrant and to
transfer the sum of $1,000.00 from Free Cash for this purpose.
ACTION: ADOPTED
3
COA I OLD TOWN HALL BUILDING HVAC ENGINEERING EXPENSE
ARTICLE 6. To see if the Town will vote to authorize the Town
Administrator to develop a plan and specifications for the installation of a new heating and/or
cooling system in the COA/Old Town Hall Building and to transfer from available funds a sum of
money, and to authorize the Town Administrator to solicit bids or proposals, enter into contracts
and expend said funds for this purpose, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 6 as printed in the Warrant and to
transfer the sum of $6,500.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
GOLF ENTERPRISE FUND
ARTICLE 7. To see ifthe Town will vote to terminate and close its Golf
Enterprise Fund, to transfer into Town's general fund and the golf receipts reserved for
appropriations account all funds in this account at the time it is closed, to delay the effect of this
vote until June 30, 2000 or the effective date of the special legislation enabling the Town to
terminate its Golf Enterprise Fund, whichever is later, or to take any other action relative
thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 7 as printed in the Warrant.
ACTION: ADOPTED
STONY BROOK ELEMENTARY SCHOOL CEILING REPAIR
ARTICLES. To see if the Town will vote to authorize the School
Superintendent to develop a plan and specifications for the installation of a new ceiling system in
the Stony Brook Elementary School and, for this purpose, to transfer from available funds a sum
of money, and to authorize the School Superintendent to solicit bids or proposals, enter into
contracts and expend said funds for this purpose, or to take any other action relative thereto.
(School Committee)
MOTION: I move that the town vote to approve Article 8 as printed in the Warrant and to
transfer the sum of $10,000.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
ANY OTHER BUSINESS
ARTICLE9.
meeting.
To act upon any other business that may legally come before this
MEETING ADJOURNED at 7:25 p.m.
A TRUE COPY ATTEST:
Joanna Tabbutt
Assistant Town Clerk
4
Report of the
ANNUAL TOWN MEETING
In accordance with the Warrant, the Annual Town Meeting was held in the Brewster
Elementary School Cafetorium, Monday, May l, 2000.
The meeting was called to order at 7:00 p.m. by the Moderator, Stephen L. Doyle. The Tellers
were Elizabeth M. Hardy, Sheila Gerhardt, Ruth Hanlon, June Gallant, Kenneth Berbrick and
Althea Alling. The Checkers were Joanna Tabbutt, Mildred Unger, Janet Norton, Sherry Ryder,
Germaine Cummins, Dorothy Leone, Ann Golini and Nancy Berbrick
A quorum was present.
Town Clerk, Joan K. Cole, read the Annual Town Meeting Warrant and the return of the
Warrant. There being no objection, the Moderator dispensed with the reading of all the articles.
MOTION: I move that the Town vote to approve Articles 1, 2, 3, 13, 14, 26, 27, 28, 29 and 30 as
printed in the Warrant and to raise and appropriate the sum of $2,700.00 and transfer the sum
of $1,000.00 from the Ambulance Receipts Reserved for Appropriation Account for these
purposes.
ACTION: ADOPTED
ANNUAL REPORT
ARTICLE 1. To act upon the Annual Town Report of the Board of Selectmen,
Town Officers and/or other Special Committees, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: Moved under the consent calendar.
ACTION: ADOPTED
HERRING FISHERIES
ARTICLE 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.
(Alewife Committee)
MOTION: Moved under the consent calendar.
ACTION: ADOPTED
COMPOST BIN GRANT REVOLVING FUND
ARTICLE 3. To see if the Town will vote, pursuant to General Laws, Chapter
44, Section 53El/2, as amended, to re-authorize 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.
(Board of Selectmen)
MOTION: Moved under the consent calendar.
ACTION: ADOPTED
5
CAPE COD VOCATIONAL TECHNICAL HIGH SCHOOL
OPERATING BUDGET
ARTICLE 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, 2001 as follows:
EXPENDED APPROPRIATED REQUESTED
ITEM DEPARTMENT FY1999 FY2000 FY2001
1 CAPE COD TECH. ASSESSMENT $4 72,425.00 $518,176.00 $620,549.00
TOTAL ASSESSMENT $4 72,425.00 $518,176.00 $620,549.00
or to take any other action relative thereto.
(Cape Cod Vocational Technical School Committee)
MOTION: I move that the Town vote to approve Article 4 as printed in the Warrant and to
raise and appropriate the sum of $620,549.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY
ELEMENTARY SCHOOLS OPERATING BUDGET
ARTICLE 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, 2001, as follows:
ITEM DEPARTMENT
1 ELEMENTARY SCHOOL BUDGET
TOTAL ELEMENTARY SCHOOLS
or to take any other action relative thereto.
EXPENDED APPROPRIATED
FY1999 FY2000
$3,944,303.00 $4,504,291.00
$3,944,303.00 $4,504,291.00
REQUESTED
FY2001
$4,831,135.00
$4,831,135.00
(Brewster School Committee)
MOTION: I move that the Town vote to approve Article 5 as printed in the Warrant and to
raise and appropriate the sum of $4,831,135.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY
TOWN OPERATING BUDGET
ARTICLE 6. To see if the Town will vote to raise and appropriate and/or
transfer from available funds a sum of money to defray Town charges and expenses, and
furthermore, to fix the salary and compensation of all elected officials of the Town as provided in
Section No. 108 of Chapter No. 41 of the General Laws, as amended, for the Fiscal Year ending
June 30, 2001, as follows:
SELECTMEN
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY99 FY2000 FY2001
1 MODERATOR WAGES 300.00 300.00 300.00
2 SELECTMEN'$ WAGES 4,980.76 5,250.00 5,250.00
STAFF WAGES 34,632.08 35,674.00 35,720.00
EDUCATIONAL REIMB 893.95 2,700.00 2,700.00
EXPENSES 25,824.99 22,450.00 24,750.00
3 GREENHEAD FLY ASSMT 517.50 750.00 750.00
4 ADMINISTRATOR WAGES 160,977.15 169,207.00 176,894.00
EXPENSES 6,510.89 6,500.00 6,680.00
6
5 FINCOM EXPENSES 404.61 1,000.00 1,000.00
RESERVE FUND 27,712.96 100,000.00 100,000.00
6 ACCOUNTANT WAGES 84,168.47 86,426.00 87,140.00
AUDIT OF ACCOUNTS 13,000.00 13,000.00 13,000.00
EXPENSES 1,421.46 2,105.00 1,935.00
COMPUTER EXPENSES 16,567.83 29,900.00 65,617.00
7 ASSESSOR WAGES 103,403.19 108,407.00 109,376.00
EXPENSES 18,705.50 17,515.00 19,750.00
8 TREAS/COLL WAGES 137,144.38 142,876.00 146,519.00
EXPENSES 41,437.27 49,445.00 51,445.00
9 LEGAL EXPENSES 83, 140.73 72,500.00 72,500.00
10 TOWN CLERK'S WAGES 40,850.00 42,990.00 45,230.00
CLERK STAFF WAGES 30,002.72 46,347.00 47,297.00
EXPENSES 5,648.23 5,614.00 7,599.00
11 ELECTION WAGES 9,739.95 5,795.00 9,559.00
EXPENSES 4,940.00 3,400.00 5,100.00
12 REGISTRAR WAGES 14,478.39 3,076.00 3,500.00
EXPENSES 7,723.19 5,450.00 3,600.00
EXPENSES 2,350.00 2,350.00 1,950.00
13 PLANNING WAGES 25,544.31 25,888.00 26,353.00
EXPENSES 7,723.19 5,450.00 3,600.00
14 VEHICLE POOL MAINT 1,500.00 1,000.00 2,500.00
15 APPEALS BOARD WAGES 5,816.00 5,985.00 6,500.00
EXPENSES 755.51 1,600.00 150.00
16 TOWN HALL MAINT WAGES 43,899.87 44,262.00 44,945.00
EXPENSES 44,450.68 45,400.00 44,200.00
COA BLDG EXPENSES 8,492.71 11,800.00 12,600.00
17 TOWN REPORT EXPENSES 7,950.00 8,500.00 8,500.00
18 DRUMMER BOY EXPENSES 147.25 450.00 450.00
19 DEBT SERVICE 3,034,272.50 2,476,120.00 3,782,393.00
20 FRINGE BENEFITS 790,977.04 929,125.00 1,096,225.00
21 RETIREMENT/PENSION 486,106.26 605,329.00 652,443.00
22 UNCLASSIFIED 83,564.90 84,000.00 92,000.00
23 LIABILITY INSURANCE 187,928.20 211,597.00 225,489.00
24 CONSTABLE 250.00 250.00 250.00
25 POLICE WAGES 989,395.84 1,062,529.00 1,087,673.00
EXPENSES 102,789.96 139,010.00 102,727.00
26 FIRE/RESCUE WAGES 588,701.46 652,887.00 720,549.00
EXPENSES 47,221.03 48,300.00 49,300.00
27 BLDG INSPECTOR WAGES 174,844.82 183,127.00 187,547.00
EXPENSES 7,163.74 9,250.00 8,480.00
28 CONSERVATION WAGES 112,099.20 116,676.00 89,926.00
EXPENSES 24,654.57 36,605.00 54,955.00
29 DOG OFFICER EXPENSES 10,000.00 10,500.00 10,500.00
30 ALEWIVE COMM. WAGES 150.00 1,556.00 1,778.00
31 DPWWAGES 590,141.20 622,282.00 634,846.00
ROAD MACHINERY 23,810.02 23,400.00 26,900.00
SNOW & ICE CONTROL 103,223.47 60,000.00 60,000.00
INSECT/PEST CONTROL 966.00 1,000.00 1,100.00
EXPENSES 104,944.34 162,900.00 169,400.00
SOLID WASTE DISPOSAL 153,372.56 218,000.00 386,260.00
32 RECYCLING EXPENSES 899.73 500.00 500.00
33 STREETLIGHTING 10,940.26 10,000.00 9,000.00
34 BOARD OF HEALTH WAGES 106,390.48 109,420.00 109,976.00
VISITING NURSE ASSOC. 10,707.71 12,995.00 18,520.00
EXPENSES 5,372.90 7,245.00 6,345.00
OUT OF STATE TRAVEL 316.20 0.00 0.00
35 COUNCIL ON AGING WAGES 105,870.63 105,483.00 105,689.00
EXPENSES 9,690.11 10,200.00 10,350.00
36 OLD TOWN HALL MAINTENANCE 0.00 0.00 0.00
37 VETERANS' SERVICES 19,536.21 21,655.00 22,246.00
38 BREWSTER LADIES LIBRARY 285,459.37 309,255.00 330,029.00
39 LADIES LIBRARY MAINT 0.00 0.00 0.00
40 RECREATION WAGES 70,985.54 75,142.00 74,986.00
EXPENSES 26,455.02 24,358.00 24,358.00
41 GOLFWAGES 448,233.83 789,786.00 878,787.00
EXPENSES 270,464.83 465,759.00 603,556.00
42 HISTORIC DISTRICT WAGES 5,357.42 5,685.00 6,175.00
EXPENSES 554.62 700.00 50.00
ASSESSMENTS 6,000.00 6,000.00 6,000.00
43 MEMORIAL/VETERANS' DAY 1,232.32 1,300.00 1,300.00
44 OLD MILL SITE COMM. 3,877.69 3,550.00 3,700.00
45 WATER COMM. WAGES 2,200.00 2,200.00 2,200.00
WATER STAFF WAGES 383,088.95 406,997.00 419,197.00
OPERATING EXPENSES 131,804.28 171,364.00 177,119.00
EQUIPMENT EXPENSES 5,236.60 6,120.00 6,790.00
GRAND TOTAL 10,659,071.25 11,410,589.00 13,535,958.00
or to take any other action relative thereto.
(Board of Selectmen)
7
MOTION: I move that the Town vote to approve Article 6 as printed in the Warrant; and in
order to appropriate this total sum of $13,535,958.00, that the Town raise and appropriate the
sum of $12,803,458.00; and transfer the sums of $122,500.00 from the Ambulance receipts
Reserved for appropriation Account; $90,000.00 from the Overlay Surplus Account; and
$520,000.00 from Free Cash for this purpose.
AMENDED MOTION: I move to amend the main motion so that, in the event the special
legislation for the Captains Golf Course (petitioned after the Town's vote under Article 14 of the
1999 Fall Yearly Town Meeting) has not been approved by the Massachusetts Legislature, then,
in order to appropriate the same total of $13,535,958.00, the Town, for this purpose, will raise
the sum of $10,118, 706.00, will transfer the sums of $122,500.00 from the Ambulance Receipts
Reserved or Appropriation Account, will transfer the sum of $90,000.00 from the Overlay
Surplus Account, and will transfer the sum of $2,684,752.00 from the Golf Enterprise fund.
ACTION: ADOPTED UNANIMOUSLY
NAUSET REGIONAL SCHOOLS OPERATING BUDGET
ARTICLE 7. To see if the Town will vote to raise and appropriate and/or
transfer from available funds a sum of money to defray Nauset Regional Schools charges and
expenses for the Fiscal Year ending June 30, 2001, as follows:
EXPENDED APPROPRIATED REQUESTED
ITEM DEPARTMENT FY1999 FY2000 FY2001
1 NAUSET REGIONAL ASSESSMENT $5,065,995.00 $5,337,437.00 $5,619,856.00
TOTAL ASSESSMENT $5,065,995.00 $5,337,437.00 $5,619,856.00
or to take any other action relative thereto.
(Nauset Regional School Committee)
MOTION: I move that the Town vote to approve Article 7 as printed in the Warrant and to
raise and appropriate the sum of $5,564,537.00 for this purpose.
ACTION: ADOPTED
ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS
ARTICLE 8. To see if the Town will vote to accept the provisions of
Massachusetts General Laws, Chapter 71, Section 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.
(Nauset Regional School Committee)
MOTION: I move that the Town vote to approve Article 8 as printed in the Warrant.
ACTION: ADOPTED
HUMAN SERVICES FUNDING
ARTICLE 9. To see if the Town will vote to raise and appropriate and/or
transfer from available funds these sums of money for the following organizations:
1.
2.
3.
4.
5.
Cape Aids Resource Exchange and Services (CARES)
Cape Cod Child Development Program, Inc.
Cape Cod Council on Alcoholism & Drug Dependence, Inc.
Cape Cod Human Services, Inc.
Consumers Assistance Council, Inc.
8
$ 2,000.00
4,728.00
4,500.00
6,792.00
650.00
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Independence House, Inc.
Interfaith Council for the Homeless of Lower Cape Cod
Legal Services for Cape Cod & Islands, Inc.
Lower Cape Outreach Council, Inc.
Lower/Outer Cape Community Coalition
Nauset, Inc.
Sight Loss Services, Inc. of Cape Cod & Islands
South Shore Mental Health -Cape Cod
The Salvation Army
Nauset Together We Can Prevention Council, Inc.
Elder Services of Cape Cod ''Meals on Wheels"
GRAND-TOTAL
2,539.00
2,200.00
3,600.00
3,400.00
600.00
5,900.00
600.00
6,500.00
2,000.00
5,000.00
4 000.00
$55,009.00
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.
(Human Services Committee)
MOTION: I move that the Town vote to approve Article 9 as printed in the Warrant and to
raise and appropriate the sum of $55,009.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY
VISITOR'S CENTER, BREWSTER BOOK, BEACH GUIDE, ADVERTISING AND
WEBSITE
ARTICLE 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 001100
($22,000.00) DOLLARS to assist 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 golf courses, and to authorize the Board
of Selectmen to enter into a contract to provide these services to the Town, or to take any other
action relative thereto.
(Citizens' Petition)
MOTION: I move that the Town vote to approve Article 10 as printed in the Warrant and to
raise and appropriate the sum of $22,000.00 for this purpose.
ACTION: ADOPTED
CAPITAL EXPENDITURES
ARTICLE 11. To see ifthe 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 2001 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 service as the case may
be:
ITEM DEPARTMENT
1 Board of Selectmen
a. Old Town Hall/COA HVAC Replacement
9
RAISE AND
APPROPRIATE
TRANSFER
FROM
AVAILABLE
FUNDS
$40,000.00
2
3
4
5
6
7
8
9
10
Water Department
a. Construction Account
b. Utility Truck Replacement
c. Well No. 2 Pump Replacement
d. Well No. 4 Pump Replacement
e. Well No. 4 Cleaning & Redevelopment
f. Two-way Radio System Replacement
g. Meter Reading Equipment Purchase
h. Fence Installation Project
Department of Public Works
a. Drainage/Road Maintenance Expense
b. Transfer Station Door Replacement
c. High Lift Vehicle Floor Jack Equipment
Police Department
a. Police Cruiser Replacements
b. Patrol Boat Replacement
Fire Department
a. Ambulance Replacement
b. Defibrillator Equipment Purchase
c. Thermal Camera Equipment Purchase
d. Garage Ventilation Equipment Installation
e. Remote Control Door Closures Installation
f. Ladder Truck Lease Payment
g. Rescue Billing Expense
h. Rescue Equipment Purchase
i. Rescue Boat Purchase and Equipment
Golf Department
a. Utility Tractor
b. Fairway Aerifier
c. Weather Station Equipment Purchase
Board of Health
a. Household Hazardous Waste Day
Town Clerk
a. Copier Replacement
Stony: Brook Elementa!'.ll School
a. Door Replacement Program
b. Trim Repair and Painting Project
c. Siding Replacement Project
d. Field Rehabilitation Project
e. Interior Door Equipment
f. Building Security Equipment
Eddy: Elementa[ll School
a. Field Irrigation Project
b. Building Security Equipment
c. Fire Alarm System Replacement
SUB-TOTALS
RAISE AND APPROPRIATE
TRANSFER FROM AVAILABLE FUNDS
GRAND-TOTAL
or to take any other action relative thereto.
10
$60,000.00
$25,000.00
$1,500.00
$59,080.00
$5,000.00
$8,000.00
$1,000.00
$6,000.00
$15,000.00
$10,000.00
$30,000.00
$10,000.00
$3,000.00
$31,000.00
$3,000.00
$15,000.00
$282,580.00
$80,000.00
$35,000.00
$25,000.00
$25,000.00
$25,000.00
$16,000.00
$7,000.00
$15,400.00
$17,000.00
$110,000.00
$24,000.00
$18,000.00
$75,000.00
$1,200.00
$14,000.00
$28,000.00
$7,500.00
$12,000.00
$30,000.00
$22,000.00
$10,000.00
$637,100.00
$282,580.00
$637,100.00
$919,680.00
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 11 as printed in the Warrant;
however, that the following line items be deleted:
• Item 5A Ambulance Replacement in the amount of $110,000.00,
• Item 9D Stony Brook Elementary School Field Rehabilitation in the amount of
$30,000.00,
• Item lOA Eddy Elementary School Field Irrigation Project in the amount of $31,000.00
And, in order to fund this total appropriation of $7 48,680.00 raise and appropriate the sum of
$221,580.00 and transfer the sums of $116,200.00 from Free Cash; $17,000.00 from the
Municipal Waterways Account; $193,400.00 from Water Revenues; $62,000.00 from either the
Golf Enterprise Fund or the Golf Receipts Reserved for Appropriations Account (depending upon
which account exists at that time); and $103,500.00 from the Ambulance Receipts Reserved for
appropriations Account for these purposes.
AMENDED MOTION: I move to amend the main motion under Article 11 by making these
changes:
DELETE ITEM 2B (Utility Truck Replacement) in the amount of $35,000.00,
ACTION: DEFEATED
DELETE ITEM 5C (Thermal Camera Equipment Purchase) in the amount of $18,000.00,
ACTION: ADOPTED
DELETE ITEM 5D (Garage Ventilation Equipment Purchase) in the amount of $75,000.00,
ACTION: ADOPTED
DELETE ITEM 5I (Rescue Boat Purchase and Equipment) in the amount of $12,000.00,
ACTION: ADOPTED
By reducing the total appropriation from $748,680.00 to $713,680.00, and in order to fund the
amended total appropriation of $713,680.00 raising the sum of $221,5980.00, by transferring the
$41,200.00 from Free Cash, by transferring the sum of $17,000.00 from the Municipal Waterway
Account, by transferring the sum of $193,400.00 from Water Revenues, by transferring the sum
of $62,000.00 from the Golf Enterprise Fund or the golf Receipts Reserved for Appropriation
Account (depending upon which account exists at that time) and by transferring the sum of
$73,500.00 from the Ambulance Receipts Reserved for Appropriation Account for these purposes.
ACTION: ADOPTED
PART-TIME CLERICAL POSITION SALARY
ARTICLE 12. To see if the Town will vote to raise and appropriate
and/or transfer from available funds the sum of FIVE THOUSAND AND 001100 ($5,000.00)
DOLLARS to fund a part-time clerical position for the Town Offices Building, or to take any
other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 12 as printed in the Warrant and to
raise and appropriate the sum of $5,000.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY
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FIRE DEPARTMENT SPECIAL DETAIL ACCOUNT
ARTICLE 13. To see if the Town will vote to raise and appropriate
and/or transfer from available funds the sum of ONE THOUSAND AND 001100 ($1, 000.00)
DOLLARS to provide a cash balance for the Fire Department's Special Detail Account, or to
take any other action relative thereto.
(Fire Department)
MOTION: Moved under the consent calendar.
ACTION: ADOPTED
SKATEBOARD PARK INTERMUNICIPAL AGREEMENT
ARTICLE 14. To see if the Town will vote to authorize the Board of Selectmen
to enter into an intermunicipal agreement with the Towns of Orleans and Eastham to operate
and maintain a skateboard park, which is located in Orleans, Ma. on Eldredge Parkway, said
contract will create a Steering Committee with representation from each town, appointed by the
Recreation Commission, and to raise and appropriate and/or transfer from available funds the
sum of SEVEN HUNDRED AND 001100 ($700.00) DOLLARS for this purpose, or to take any
other action relative thereto.
(Board of Selectmen)
MOTION: Moved under the consent calendar.
ACTION: ADOPTED
SEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE 15. To see ifthe Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to be used to meet the terms and conditions
of the proposed Collective Bargaining Agreement, effective July 1, 2000, between the Town of
Brewster and the Service Employee's International Union, Local 254, or to take any other action
relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to indefinitely postpone consideration of Article 15.
ACTION: ADOPTED
OPEIU, UNITS A & B, COLLECTIVE BARGAINING AGREEMENT
ARTICLE 16. To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to be used to meet the terms and conditions
of the proposed Collective Bargaining Agreement, effective July 1, 2000, between the Town of
Brewster and the Office and Professional Employee's International Union, Units A & B, or to
take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to indefinitely postpone consideration of Article 16.
ACTION: ADOPTED
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IAFF COLLECTIVE BARGAINING AGREEMENT
ARTICLE 17. To see if the Town will vote to raise and appropriate and/or
transfer from available funds a sum of money to be used to meet the terms and conditions of the
proposed Collective Bargaining Agreement, effective July 1, 2000, between the Town of Brewster
and the International Association of Firefighters, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to indefinitely postpone consideration of Article 17.
ACTION: ADOPTED
IBPO COLLECTIVE BARGAINING AGREEMENT
ARTICLE 18. To see ifthe Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to be used to meet the terms and conditions
of the proposed Collective Bargaining Agreement, effective July 1, 2000, between the Town of
Brewster and the International Brotherhood of Police Officers, or to take any other action
relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to indefinitely postpone consideration of Article 18.
ACTION: ADOPTED
NON-UNION PERSONNEL WAGE FUNDING
ARTICLE 19. To see ifthe Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to fund wage and salary adjustments for
eligible employees covered by the Personnel Bylaw and other non-union employees, effective July
1, 2000, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 19 as printed in the Warrant and to
raise and appropriate the sum of $68,000.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY
TRIENNIAL REVALUATION OF REAL AND PERSONAL PROPERTY
ARTICLE 20. To see if the Town will vote to raise and appropriate
and/or transfer from available funds the sum of FIFTEEN THOUSAND FIVE HUNDRED
AND 001100 ($15,500.00) DOLLARS to perform the triennial revaluation of real and personal
property in the Town of Brewster and to authorize the Deputy Assessor 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.
(Board of Assessors)
MOTION: I move that the Town vote to approve Article 20 as printed in the Warrant and to
transfer the sum of $15,500.00 from the Overlay Surplus Account for this purpose.
ACTION: ADOPTED UNANIMOUSLY
13
AMENDMENT TO ZONING BYLAW FOR RESTAURANTS
ARTICLE 21. To see if the Town will vote to amend Brewster's zoning
bylaws by inserting-in the proper alphabetical sequence -into the Code of the Town of
Brewster, Massachusetts, Chapter 179, Article I, Section 179-2.B. the following new definition:
Restaurant: An establishment in which food is prepared and served and
customers' orders are taken and served at dining tables. A restaurant that otherwise
satisfies the above-noted definition may contain one (1) takeout station. Restaurant
establishments providing in-car, drive-through service are prohibited.
or to take any other action relative thereto.
(Planning Board)
MOTION: I move that the Town vote to approve Article 21 as printed in the Warrant.
ACTION: ADOPTED
AMENDMENT TO ZONING BYLAW FOR CLUSTER PLANS
ARTICLE 22. To see ifthe Town will vote to amend Brewster's zoning
bylaws by making the following modifications to the Code of the Town of Brewster,
Massachusetts, Chapter 1 79, Article IX, SeCtion 179-35:
A. DELETE "from public ways" from the second sentence in Section 179-35.A.
B. ADD new, final sentence to Section 179-35 A., as follows:
In addition to the plan filing requirements specified in the Subdivision Rules
and Regulations, an applicant for a cluster residential development shall submit
a rendering, prepared by a Landscape Architect, registered in the
Commonwealth of Massachusetts, depicting the cluster subdivision, including
roads, landscape and approximate locations of dwellings at full build-out. The
rendering shall be considered an integrated element of the applicant's
submission and ifthe plan is approved and a special permit granted, said
rendering shall be included in the Planning Board's decision regarding the
subdivision plan and special permit.
C. DELETE Section 179-35 B (4) as currently written and SUBSTITUTE, the following:
(4) Lot Setbacks. The present setbacks for front, side and rear yards, as
stated in Table 2 at the end of this chapter, shall be reduced by one-half for
all setbacks within the subdivision. Setback requirements where the
Cluster Development lots abut adjacent property shall remain the same as
required in Table 2.
D. DELETE Section 179-35 B (5) as currently written and SUBSTITUTE, the following:
(5) Individual Lot Area. Minimum lot sizes for lots within a cluster
residential development shall be no less than 5,000 square feet.
E. DELETE Section 179-35 B (6) in its ENTIRETY.
F. DELETE Section 179-35 B (8) as currently written and SUBSTITUTE, the following:
(8) No less than sixty percent (60%) of the land area within the parcel or
parcel(s) subject to Section 179-35 shall be set aside as open space more
fully described in subsection 9 and 10 below. No more than 50% of the
open space set-aside requirement shall contain any of the wetlands
14
enumerated in Article II, Section 179-6.B.(1) hereof or be included within
the easement of any overhead utility wires, lines or cables, or include a
combination of both wetlands and lands within the overhead utility
easement(s) greater than 50% of the open space set-aside requirement.
or to take any other action relative thereto.
(Planning Board)
MOTION: I move that the Town vote to approve Article 22 as printed in the Warrant.
ACTION: ADOPTED UNANIMOUSLY
AMENDMENT TO ZONING BYLAW FOR ACCESSORY USE
ARTICLE 23. To see ifthe Town will vote to amend Brewster's zoning
bylaws by DELETING from the Code of the Town of Brewster, Massachusetts, Chapter 179,
Article I, Section 179-2.B. the current definition of Use, Accessory and by SUBSTITUTING
therefor the following:
Use, Accessory: A use of land or building(s) on the same lot with, and incidental
but secondary to, a permitted use. A use shall not be considered an accessory
use if more than 25% of the floor area or 50% of the lot area is occupied by or
devoted to such use. In addition, an accessory use must be a permitted or
otherwise authorized use within the zoning district.
or to take any other action relative thereto.
(Planning Board)
. MOTION: I move that the Town vote to approve Article 23 as printed in the Warrant.
ACTION: DEFEATED
AMENDMENT TO TOWN CODE TO RESCIND THE LOTTERY BYLAW
ARTICLE24. To see if the Town will vote to amend the Code of the
Town of Brewster, Massachusetts by repealing Chapter 48, Article VIII, Section 48-10
(Placement of Articles on Town Meeting Warrant), or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 24 as printed in the Warrant.
ACTION: DEFEATED
AMENDMENT TO TOWN CODE TO REVISE THE LOTTERY BYLAW
ARTICLE 25. To see if the Town will vote to amend the Code of the
Town of Brewster, Massachusetts, Chapter 48, Article VIII, Section 48-10, which currently reads:
The Town will address the placement of articles on the town meeting warrant by lottery on
the town meeting floor. All articles, excepting the town's and school's operating budget
articles(s) shall be placed in a "fish bowl" or other suitable container to be drawn randomly
by the Town Moderator, each article to be considered according to its sequence in the
drawing process.
by deleting the text given above and by substituting therefor the following:
The Town will address the placement of articles on the town meeting warrant by lottery
on the town meeting floor. All articles, excepting the town's operating budget, the
15
school's operating budget, the consent calendar and debt obligation articles shall be
placed in a "fish bowl" or other suitable container to be drawn randomly by the Town
Moderator, and each article shall be considered according to the order in which it is
drawn.
or to take any other action relative thereto.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 25 as printed in the Warrant.
ACTION: ADOPTED
AMENDMENT TO TOWN CODE FOR THE DEVELOPMENT PLAN REVIEW BYLAW
ARTICLE 26. To see if the Town will vote to amend the Code of the
Town of Brewster, Chapter 83, "Development Plan Review", and Article II, Procedure, Section
83-4, Applicability, which currently reads as follows:
83-4. Applicability.
ARTICLE II
Procedure
A. [Amended 5-13-1991 ATM, Art. 34; 5-1-1995 ATM,
Art. 17; 5-3-1999 ATM, Art. 14] Developments are subject to development plan
review if they propose any building/structure exceeding 500 square feet other
than single-or two-family dwellings and buildings and structures accessory
to residential use and include any one or more of the following:
(1) A new principal building.
(2) Increase in lot coverage by more than 800 square feet through either a
new accessory building or a building addition increasing lot coverage
by 10% or more.
(3) Substantial alteration to a parking facility having 10 or more spaces.
( 4) Removal of existing vegetative ground cover from more than 10, 000
square feet of site area.
(5) Any subdivision of land into two or more lots.
(6) Any change of use of an existing building as listed in the Brewster
Zoning Code. [Added 5-3-1999ATM, Art. 15]
by deleting the text given above and by substituting therefor the following:
83-4. Applicability.
ARTICLE II
Procedure
A. [Amended 5-13-1991 ATM, Art. 34; 5-1-1995 ATM,
Art. 17, 5-3-1999 ATM, Art. 14; 5-1-2000 ATM, Art. 27] Developments are
subject to development plan review if they propose any building/structure
exceeding 500 square feet, other than single-or two-family dwellings and
buildings and structures accessory to residential use, and include any one or
more of the following:
16
(1) A new principal building.
(2) An increase in floor area by more than 500 square feet through either
a new accessory building or a 500 square foot building addition or
an increase in lot coverage by 10% or more. (Amended 5-1-2000
ATM, Art. 27]
(3) Substantial alteration to a parking facility having 10 or more spaces.
(4) Removal of existing vegetative ground cover from more than 10,000
square feet of site area.
(5) Any change of use of an existing building as listed in the Chapter 179
of the Code of the Town of Brewster, Massachusetts. [Added 5-3-
1999 ATM, Art. 15]
or to take any other action relative thereto.
(Development Plan Review Committee)
MOTION: Moved under the consent calendar.
ACTION: ADOPTED
ACCEPTANCE OF STATE ENABLING LEGISLATION
ARTICLE 27. To see if the Town will vote to accept Sections 19K and
108P of Chapter 41 of the General Laws, which will authorize the Town Clerk and the
Treasurer/Collector to receive the annual sum of $1,000.00 should he or she complete the
necessary course of study and training and be recognized as a certified Massachusetts municipal
clerk or a certified Massachusetts municipal collector and/or treasurer, to delay the effect of this
vote until July 1, 2000, and to raise and appropriate and/or transfer from available funds the
sum of TWO THOUSAND AND 001100 ($2,000.00) DOLLARS for this purpose, or to take any
other action relative thereto.
(Board of Selectmen)
MOTION: Moved under the consent calendar.
ACTION: ADOPTED
REPEAL SPECIAL LEGISLATION AND ADOPT RECALL BYLAW UNDER TOWN CODE
ARTICLE 28. To see if the Town will vote (a) to authorize the Board of
Selectmen to petition the General Court to enact the following special legislation:
Section 1. Sections 1 through 8 of Chapter 474 of the Acts of 1991, and all
enactments amendatory thereof, are hereby repealed.
Section 2. The town of Brewster is authorized to adopt and from time to time
amend as a general by-law various provisions for the recall of elected officials and
board members, and if a town meeting so votes prior to the effective date of this
special legislation, such vote is hereby ratified and confirmed.
Section 3. This act shall take effect upon its passage;
(b) to rescind its vote under Article 8 of the Warrant for the November 16, 1998 Town Meeting;
(c) to adopt, as a general by-law and as Chapter 6, Article X of the Code of the Town of Brewster,
Massachusetts, the following new Code Sections:
17
Section 6-26. Any holder of an elected office in the town of Brewster may be
recalled therefrom by the registered voters of the town as hereinafter provided, for
reason of lack of fitness, incompetence, neglect of duties, corruption, malfeasance,
misfeasance, or violation of oath.
Section 6-27. Any twenty-five registered voters of the town of Brewster may
initiate a recall petition by filing with the town clerk an affidavit containing the
name of the officer sought to be recalled and a statement of the grounds for recall.
The town clerk shall thereupon deliver to said voters making such affidavit copies of
petition blanks demanding such recall, printed copies of which the town clerk shall
keep available. Such blanks shall be issued by the town clerk, with his or her
signature and official seal attached thereto. They shall be dated, shall be addressed
to the board of selectmen, and shall contain the names of all the persons to whom
they are issued, the name of the person whose recall is sought, the grounds of recall
as stated in the affidavit, and shall demand the election of a successor to such office.
A copy of the petition shall be entered in a record book to be kept in the office of the
town clerk. Said recall petition shall be returned and filed with the town clerk
within twenty days after notification by the town clerk to the moving party that the
affidavit has been certified by the registrars of the voters, and shall have been
signed by at least twelve percent of the registered voters of the town, who shall add
to their signatures the street and number, if any, of their residence. The town clerk
shall within one working day of receipt submit the petition to the registrars of
voters in the town, and the registrars shall within fifteen working days certify
thereon the number of signatures which are names of registered voters of the town.
Section 6-28. If the petition shall be found, and certified by the town clerk to
be sufficient, he or she shall submit the same with the town clerk's certificate to the
board of selectmen within three working days, and the board of selectmen shall
forthwith give written notice of the receipt of the certificate to the officer sought to
be recalled and shall, if the officer does not resign within five days thereafter, order
an election to be held on a date fixed by them not less than sixty-five and not more
than ninety days after the date of the town clerk's certificate that a sufficient
petition has been filed; provided however, that if any other town election is to occur
within one hundred days after the date of certification the board of selectmen shall
postpone the holding of the recall election to the date of such other election. No
persor, shall be subject to recall if his or her term of office expires within ninety
days of the certification. If a vacancy occurs in said office after a recall election has
been ordered, the election shall nevertheless proceed as provided in this section.
Section 6-29. An officer sought to be removed may be a candidate to succeed
himself or herself and unless he or she requests otherwise in writing, the town clerk
shall place his or her name on the ballot without nomination. The nomination of
other candidates, the publication of the warrant for the removal election, and the
conduct of same, shall all be in accordance with the provisions of law relating to
elections.
Section 6-30. The incumbent shall continue to perform the duties of his or her
office until the recall election. If then re-elected, he or she shall continue in office
for the remainder of his or her unexpired term subject to recall as before, except as
provided in this act. If not re-elected in the recall election, he or she shall be
deemed removed upon the qualification of his or her successor, who shall hold office
during the unexpired term. If the successor fails to qualify within five days after
receiving notification of his or her election, the incumbent shall thereupon be
deemed removed and the office vacant.
Section 6-31. Ballots used in a recall election shall submit the following
propositions in the order indicated:
For the recall of (name of officer).
Against the recall of (name of officer).
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Immediately at the right of each proposition there shall be a square in which the
voter, by making a cross mark (X) may vote for either of the said propositions.
Under the propositions shall appear the word "Candidates", the directions to the
voters required by section forty-two of chapter fifty-four of the General Laws, and
beneath this the names of candidates nominated in accordance with the provisions
of law relating to election. If a majority of the votes cast upon the question of recall
is in the affirmative, the candidate receiving the highest number of votes shall be
declared elected. If a majority of the votes on the question are in the negative, the
ballots for candidates need not be counted.
Section 6-32. No recall petition shall be filed against an officer within ninety
days after he or she takes office, nor, in the case of an officer subjected to a recall
election and not recalled thereby, until at least six months after the election at
which his or her recall was submitted to the voters of the town.
Section 6-33. No person who has been recalled from an office or who has
resigned from office while recall proceedings were pending against him or her, shall
be appointed to any town office within two years after such recall or such
resignation.
(d) to delay the effectiveness of this by-law until such time as Sections 1 through 8 of Chapter
4 7 4 of the Acts of 1991 are repealed; and (e) to take any other action relative thereto.
(Board of Selectmen/Town Clerk)
MOTION: Moved under the consent calendar.
ACTION: ADOPTED
COMMONWEALTH ELECTRIC UTILITY EASEMENT
ARTICLE 29. To see if the Town will authorize the Board of Selectmen to
grant, for no consideration, to the Commonwealth Electric Company an easement to install and
maintain an underground electric system on Town-owned property to provide service to the
Captains Golf Course, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: Moved under the consent calendar.
ACTION: ADOPTED
UNDERPASS ROAD DRAINAGE EASEMENT
ARTICLE 30. To see if the Town will vote to authorize the Board of Selectmen
to accept a drainage easement from C. C. Construction, Inc. on land identified within Parcel No.
14 of Map No. 26 of the Board of Assessors' Maps, or to take any other action relative thereto.
(Board of Selectmen)
MOTION: Moved under the consent calendar.
ACTION: ADOPTED
OPEN SPACE LAND ACQUISITION PROJECT
ARTICLE 31. To see if the Town will vote to authorize the Board of Selectmen
to acquire the land, which is designated on Brewster Assessors' Map No. 45, Parcel No. 9, by
purchase or by an eminent domain taking under Massachusetts General Laws, Chapter 79 and
any other enabling authority for use as open space; to appropriate NINE THOUSAND AND
001100 ($9,000.00) DOLLARS to pay for land acquisition, tax awards, financing, and other costs
19
---------------------------------------------
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 or some other source to defray a
portion or all of the costs of acquiring this property; and to authorize the Board of Selectmen to
assume the care, custody, control and management of this property; or to take any other action
relative thereto.
(Open Space Committee)
MOTION: I move that the Town vote to approve Article 31 as printed in the Warrant and to
transfer the sum of $9,000.00 from the Land Bank Fund for this purpose.
ACTION: ADOPTED UNANIMOUSLY
OPEN SPACE LAND ACQUISITION PROJECT
ARTICLE 32. To see if the Town will vote to authorize the Board of Selectmen
to acquire the land, which is designated on Brewster Assessors' Map No. 22, Parcels No. 2, 3 and
48, by purchase or by an eminent domain taking under Massachusetts General Laws, Chapter 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 or some other source to defray a portion or all of the costs of
acquiring this property; and to authorize the Board of Selectmen to assume the care, custody,
control and management of this property; or to take any other action relative thereto.
(Open Space Committee)
MOTION: I move that the Town vote to approve Article 32 as printed in the Warrant.
ACTION: ADOPTED UNANIMOUSLY
FUNDING FOR THE EVALUATION OF PURCHASE OF REAL ESTATE
ARTICLE 33. To see it the Town will vote to raise and appropriate and!or to
transfer from available funds the sum of TWENTY THOUSAND AND 001100 ($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.
(Open Space Committee)
MOTION: I move that the Town vote to approve Article 33 as printed in the Warrant and to
raise and appropriate the sum of $20,000.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY
AMENDMENT TO TOWN CODE FOR THE TEMPORARY ROAD REPAIR BYLAW
ARTICLE 34. To see if the Town will vote to amend Article VIII
-(Temporary Road Repair) of Chapter 157 of the Code of the Town of Brewster, which currently
reads, as follows:
157-20. Repair by town.
Upon petition of 50% of more of the abutters thereof, the town may, at the
discretion of the Board of Selectmen, provide temporary repairs, including drainage,
and which is required by public necessary, on any private way which has been open
to public use for more than five years. The town shall not be liable for any damages
caused by any activity herein provided. Nonreturnable cash deposit, established by
the Board of Selectmen, shall be required with the submission of the petition to
20
cover the cost of field inspection and initial cost estimates. Where all
administrative, engineering and repair costs associated with the temporary repairs
is less than $200.00 per abutter, a cash sum shall be deposited with the Town
Treasurer equal to the costs of repair prior to the work being commenced. Where
the costs per abutter is $200.00 or greater for repairs made under this article,
betterments will be assessed. Any abutter may, by paying the full amount of his
share, avoid the assessment of the betterment on their land.
And to amend this Bylaw to read, as follows:
157-20.
A.
B.
c.
D.
E.
Repair by town.
In the event that a group of property owners who own property on a private
road which has been open for public use for at least five years wish the Town
of Brewster to finance the repair of their private way, they shall engage an
engineer experienced in road construction and repair who shall survey the
road in question to develop a plan for the repair of that private road which
shall take into consideration the need for additional drainage, new berms,
driveway aprons to protect the edges of the repaired road, the filling of
existing cracks and the application of one or more layers of bituminous
concrete.
The plan shall specify the projected useful life of the repaired private way,
and in no event shall the projected useful life be less than fifteen years. All
costs of preparing the plan, obtaining cost estimates and preparing the
petition described below shall be the exclusive responsibility of the
petitioners and shall be added to the betterment.
After the plan has been prepared, the property owners' engineer shall secure
at least three bids from established contractors to complete the work outlined
in the engineer's plan. After receipt of the bids, the property owners shall
prepare a petition to the Board of Selectmen for the Town of Brewster to
finance the work in an amount certain including a ten percent contingency
amount. The petition shall list the parcels by lot number and map number
together with the owner's names of record with a space for each owner to
place his or her signature. The petition must state that each signature
represents an irrevocable agreement by each signatory to repay the Town of
Brewster, through the mechanism of a betterment added to each owner's real
estate tax bill, his or her pro-rata share of the total amount to be financed
plus interest and administrative costs, which Town administrative costs shall
not exceed 4% of the project. The petition shall not be presented to the
Selectmen unless fifty percent of all the abutters to the road plus one more
abutter shall have agreed to the project and its financial commitment by
having signed it.
The Petition, accompanied by the engineer's plan, a map of the private way to
be repaired and backup for the cost estimates shall be submitted to the
Selectmen's Office on or before August 31st or February 28th. The
Selectmen shall refer every such petition to the Assessor's Office for
verification of signatures and confirmation that more than fifty percent of
abutters have signed. The Selectmen shall consider all submitted petitions
that pass the Assessor's examination prior to September 30th or March 31st.
If the Selectmen determine that the proposed repairs are in the public
interest and if the Selectmen determine that these repairs are within the
financial capability of the Town, the Board of Selectmen shall refer each
petition so determined to the Planning Board which shall conduct a public
hearing on each petition on or before November 15th or May 15th to evaluate
21
the plan, examine the cost estimates and hear from both the abutters and the
general public. The Planning Board shall either endorse the plan by a simple
majority vote and return it to the Selectmen, recommend changes in costs or
scope of the plan or disapprove the plan by a simple majority vote.
F. If the Planning Board approves any such plan, the Board of Selectmen may
place the plan in the warrant for the next Annual Town Meeting. If the
Planning Board suggests modifications or changes in scope of costs, the Board
of Selectmen, may, at its option, send out proxies to the abutters noting scope
and cost changes or it may return the project to the petitions. If proxies are
sent out, they must be returned by December 31st or June 30th if the project
is to be considered at the Annual Town Meeting. If the proxies are returned
by December 31st or June 30th, the Selectmen may place the project on the
Annual Town Meeting warrant provided more than fifty percent of the
abutters approve the revisions.
G. If the Annual Town meeting votes to endorse and finance the project, the
engineer who did the original plan shall be named Project Manager. He shall
prepare a new request for quotations with the bids to be directed to the Town
Administrator. The project manager and the Town Administrator shall select
the best bid to do the work. The project manager shall advise the
Superintendent of Public Works forty-eight hours in advance of each phase of
the project and certify, in writing, to the Superintendent of Public Works that
each phase of the work has been completed to the project manager's
satisfaction. The Superintendent of Public Works shall inspect the completed
work and certify to the Town Accountant that the work is completed so that
payment can be made.
H. For a group of private roads within a subdivision in which membership in a
neighborhood property owners association is automatic or mandatory, the
same procedure shall be used:
(1) So long as a majority of the owners of the lots abutting the group of
private ways to be repaired signs the petition required by paragraph B
above, and
(2) So long as the group of private ways be repaired is owned or controlled,
directly or indirectly, by the neighborhood association or its members.
I. The Town of Brewster shall incur no liability for any damages of any nature
whatsoever arising from the project by virtue of the Town's agreeing to
finance any repair of a private subdivision way. The abutters who accept
Town financing shall be deemed to have indemnified and held the Town
harmless against any and all such claims.
J. Any private way improved under the provisions of this bylaw need not be
brought up to full town road standards. Any private way improved under the
provisions of this bylaw need not be brought up to full town road standards.
Any private way improved under the provisions of this bylaw shall continue
to remain a private way.
or to take any other action relative thereto.
(Citizen's Petition)
MOTION: I move that the Town vote to indefinitely postpone Article 34.
ACTION: WITHDRAWN -ADOPTED
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AMENDMENT TO ZONING BYLAW TO CORRECT REFERENCE NUMBER
ARTICLE 35. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising the Code of the Town of Brewster, Massachusetts, Chapter 179, Article N,
Use Regulations, Section 179-11.B. Table 1 Table of Use Regulations, Retail and service, to
DELETE the following:
RR R-L R-M C-H V-B I MRDCT
1. Septage Transfer Station
and to substitute the following:
RR R-L R-M C-H V-B I MRDCT
33. Septage Transfer Station
or to take any other action relative thereto.
(Planning Board)
MOTION: I move that the Town vote to approve Article 35 as printed in the Warrant.
ACTION: ADOPTED UNANIMOUSLY
WHITECAPS FUNDING
ARTICLE 36. To see if the Town will vote to raise and appropriate
and/or transfer from available funds the sum of FIVE THOUSAND AND 001100 ($5,000.00)
DOLLARS to assist in financing operational costs associated with the Brewster Baseball Club
and to authorize the Board of Selectmen to enter into a contract in order to provide these
recreational services for residents of Brewster and expend such funds for this purpose, or to take
any other action relative thereto.
(Citizen's Petition)
MOTION: I move that the Town vote to approve Article 36 as printed in the Warrant and to
raise and appropriate the sum of $5,000.00 for this purpose.
ACTION: ADOPTED
STABILIZATION FUND
ARTICLE 37. 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.
(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 37 as printed in the Warrant and to
transfer the sum of $400,000.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
ANY OTHER BUSINESS
ARTICLE 38.
this meeting.
To act on any other business that may legally come before
MOTION: I move that the Town vote to adjourn this meeting.
ACTION: ADOPTED UNANIMOUSLY
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MEETING ADJOURNED at 9:58 p.m.
A TRUE COPY ATTEST:
Joanna Tabbutt
Assistant Town Clerk
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