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HomeMy Public PortalAbout2000-11-20 Special Town Mtg WarrantFALL YEARLY TOWN MEETING WARRANT NOVEMBER 20, 2000 ARTICLE NO. ARTICLE DESCIRPTION SPONSOR 1 UNPAID BILLS BOARD OF SELECTMEN 2 SAND RIGHTS BOARD OF SELECTMEN/ CONSERVATION COMM. 3 BREAKWATER ROAD DRAINAGE EASEMENT BOARD OF SELECTMEN 4 COMELECTRICUTILITY EASEMENT BOARD OF SELECTMEN 5 RESCISSION OF DEBT AU1HORIZATION TREASURER/COLLECTOR 6 BUDGETARY TRANSFERS BOARD OF SELECTMEN 7 CAPITAL EXPENDITURES BOARD OF SELECTMEN 8 BICENTENNIAL COMMITTEE REPORT BOARD OF SELECTMEN 9 SEIU COLLECTIVE BARGAINING BOARD OF SELECTMEN 10 OPEIU COLLECTIVE BARGAINING BOARD OF SELECTMEN 11 IAFF COLLECTIVE BARGAINING BOARD OF SELECTMEN 12 BREWSTER TOWN BAND FUNDING BOARD OF SELECTMEN 13 LADIES LIBRARY SALARY EXPENSE LIBRARY ASSOCIATION 14 REPAIR AND RESURFACE TOWN ROADS BOARD OF SELECTMEN 15 WATER BETTERMENT/SEARS ROAD WATER COMMISSIONERS 16 PURCHASE OF STREET LIGHTS BOARD OF SELECTMEN 17 OPEN SPACE LAND ACQUISffiON OPEN SPACE COMMITTEE 18 OPEN SPACE LAND ACQU!SffiON OPEN SPACE COMMITTEE 19 OPEN SPACE LAND ACQU!SffiON OPEN SPACE COMMITTEE 20 CEMETERY COMMISSION BOARD OF SELECTMEN 21 BARKING DOG CODE AMENDMENT POLICE CHIEF 22 EDDY ELEMENTARY SCHOOL PERMIT CIT1ZENS' PETITION 23 ZONING AMENDMENT ARTICLE PLANNING BOARD 24 ZONING AMENDMENT ARTICLE PLANNING BOARD 25 ZONING AMENDMENT ARTICLE CffiZENS' PETITION 26 STABILIZATION FUND BOARD OF SELECTMEN 27 ANY OTHER BUSINESS BOARD OF SELECTMEN FALL YEARLY TOWN MEETING NOVEMBER 20, 2000 Barnstable, ss To: Roland W. Bassett Constable of the Town of Brewster Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Brewster, qualified to vote in Town affairs, to meet at the Stony Brook Elementary School Cafetorium on Monday, November 20, 2000 n=, at 7:00 p.m. o'clock in the evening, then and there to act upon the following articles: UNPAID BILLS ARTICLE 1: To see if the Town will vote to transfer from available funds the sum of NINETEEN HUNDRED AND SEVENTEEN AND 00/100 ($1,917.00) DOLLARS to pay the following unpaid bills incurred but unpaid during a previous fiscal year: Town Clerk's Office Staff Wages Community Newspaper Company Best Supply Company IHS Associates, Inc. H. H. Snow & Sons, Inc. Arthur Hannigan TOTAL or to take any other action relative thereto. (Nine-Tenths Vote Required) SAND RIGHTS $214.00 284.00 646.00 627.00 75.00 71.00 $ 1,917.00 (Board of Selectmen) ARTICLE2: To see if the Town will vote to authorize the Conservation Commission and the Board of Selectmen, for no consideration, to abandon or to convey to Brian Sheehan and Louanne Colombo all of the Town's rights, reflected in a deed dated Au,,aust 6, 1981, and recorded with the Barnstable County Registry of Deeds, Book No. 3338, Parcel No. 106, to take sand, and to pass and repass over the parcel shown on the Board of Assessors' Map No. 22, Parcel No. 26-1, or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Selectmen and Conservation Commission) BREAKWATER ROAD DRAINAGE EASEMENT ARTICLE 3: To see if the Town will vote to authorize the Board of Selectmen to accept a dtainage easement from the James J. Mulligan Revocable Trust on land identified within Parcel No. 15 of Map No. 4 of the Board of Assessors' Maps, or to take any other action relative thereto. (Majority Voted Required) (Board of Selectmen) COMMONWEALTH ELECTRIC COMPANY UTILITY EASEMENT ARTICLE 4: To see if the Town will vote to authorize the Board of Selectmen to grant the Commonwealth Electric Company an easement to install and maintain an underground electric system on Town-owned property in order to provide service to the new Brewster Police Station, located on Route 124, or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Selectmen) RESCISSION OF DEBT AUTHORIZATION ARTICLE 5: To see if the Town will vote to rescind the authority to issue the following unissued balances of authorized bonds or notes pursuant to the votes adopted under the following articles and to the extent not previously exercised: a) Article No. 13 of the November, 1998 Fall Town Meeting $16,000.00 -Bluebeny Pond Drive Road Betterment b) Article No. 45 of the May, 1999 Annual Town Meeting $15,000.00 -Beach Plum Lane Road Betterment or to take any other action relative thereto. (Majority Vote Required) (Town Treasurer/Collector) BUDGETARY TRANSFERS ARTICLE 6: 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 2001 budget of other departments, as follows: a) Transfer the sum of $20,000.00 from the Ambulance Receipts Reserved for Appropriation Account to Fire Department Wages (Line Item No. 26 of Article No. 6 of the 2000 Annual Town Meeting), b) Transfer the sum of $3,500.00 from the Ambulance Receipts Reserved for Appropriation Account to Fire Department Expenses (Line Item No. 26 of Article No. 6 of the 2000 Annual Town Meeting), and c) Transferthe sum of $1,600.00 from Town Administrator's Wages (Line Item No. 4 of the 2000 Annual Town Meeting) to Council on Aging Wages (Line Item No. 35 of the 2000 Annual Town Meeting), or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) CAPITAL EXPENDITURES ARTICLE 7: To see if the Town will vote to transfer from available funds a sum of money for the purpose of funding the following capital acquisitions and expenditures to be undertaken during Fiscal Year 2001 and to authorize the Town Administrator to sell, trade, lease, exchange or otherwise dispose of, in the best interest 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 maybe: ITEM TRANSFER FROM NO. DEPARTMENT AVAILABLE FUNDS 1 Board of Selectmen a. Drummer Boy Park Building Repairs $ 10,000.00 b. Town Offices Annex Building Repairs 25,000.00 c. Cemetery Construction Project 12,000.00 Sub-total $47,000.00 2 Water Department a. Pick-Up Truck Replacement (4 x 2) 20,000.00 b. Utility Truck Replacement (4 x 4) 35,000.00 c. Vacuum Excavation Trailer Equipment 33,000.00 Sub-total $88,000.00 3 D~artment of Public Works a. Tire Replacements Project 12,700.00 b. Roadside Mowing Tractor Repairs 3,000.00 c. Zero Radius Mower Equipment 7,500.00 d. Road Tractor Repairs 3,000.00 Sub-total $26,200.00 4 Fire Department a. Ambulance Replacement 115,000.00 b. Heavy Brush Vehicle Rehabilitation 50,000.00 c. Fire Station Design Services 52,000.00 Sub-total $217,000.00 5 Golf Department a. Cart Path Paving Project 25,000.00 b. Fairway Overseeding Project 18,000.00 c. Triplex Tee & Approach Mower 20,000.00 d. Rough Gang Mower Replacement 45,000.00 Sub-total $108,000.00 6 Board of Assessors a. Mapping System Update Project 10,000.00 Sub-total $10,000.00 7 Recreation Department a. Recreation Building Feasibility Study ?5,000.00 Sub-total $25,000.00 8 Eddy Elementarv School a. School Painting Project 8,000.00 b. Recreational Fields Irrigation System 31,000.00 Sub-total $39,000.00 9 Stony Brook Elementm:y School a. Intercom System Replacement 20,000.00 b. Technology Upgrade Project 83,100.00 c. Telephone System Replacement 15,500.00 d. Recreational Fields Rehabilitation Project 30,000.00 Sub-total $148,600.00 Grand-Total $708,800.00 or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) BICENTENNIAL COMMITTEE REPORT ARTICLE 8: To act upon the report of the Bicentennial Committee, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE 9: To see if the Town will vote to 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 Employees' International Union, Local 254, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) OPEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE 10: To see if the Town will vote to 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 Employees' International Union, Units A & B, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) IAFF COLLECTIVE BARGAINING AGREEMENT ARTICLE 11: To see if the Town will vote to 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. (Majority Vote Required) (Board of Selectmen) BREWSTER TOWN BAND FUNDING ARTICLE 12: 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 transfer the sum of ONE THOUSAND AND 00/100 ($1,000.00) DOLLARS from available funds and to authorize the expenditure of these funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) BREWSTER LADIES LIBRARY SALARY EXPENSE ARTICLE 13: To see if the Town will vote to transfer from available funds the sum of FOUR THOUSAND NINE HUNDRED AND TWENTY-EIGHT AND 00/100 ($4,928.00) DOLLARS, which will be applied to defray an increase in wages for the Technical Assistants and the Adult Services Librarian for the period of January 1, 2001 through June 30, 2001, or to take any other action relative thereto. (Majority Vote Required) (Brewster Ladies' Library Association) REPAIR AND RESURFACE TOWN ROADS UNDER THE STATE'S CHAPTER90PROGRAM ARTICLE 14. To see if the Town will vote transfer from available funds the following sums of money made available as provided under the Chapter 90 local road and highway program from the Commonwealth of Massachusetts, said funds shall be expended to repair and resurface certain Town roads and their appurtenances under the direction of the Board of Selectmen: 1. 2. Chapter 53B of the Acts of 1999 Chapter 150 of the Acts of 2000 $82,642.56 $82,642.56 Total $165,285.12 or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) WATER BETTERMENT FOR SEARS ROAD ARTICLE 15: To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, by purchase, or by eminent domain all water easement rights needed to install a water main with a six inch (6") pipe along approximately 610 feet on Sears Road from Ellis Landing Road; to authorize the Board of Water Commissioners to install such a water main in this fashion after the Water Commissioners have determined that the requirements of the Brewster Water Betterment Assessment Program have been satisfied; to transfer from available funds a sum of money to defray the initial costs of this project; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow the sum of TWENTY-SIX THOUSAND AND 00/100 ($26,000.00} DOLLARS under and pursuant to Massachusetts General Laws Chapter 44, Section 8 and any other enabling authority and to issue notes and bonds of the Town therefor in order to finance the total cost of acquisition, engineering, construction, reconstruction, and all related and incidental expenses; to transfer from available funds a sum of money for the purpose of paying interest on the notes issued in anticipation thereof; to assess betterments in accordance with the Brewster Water Betterment Assessment Program; and to transfer from available funds raised through the betterment assessment of abutting landowners the sums needed to pay the Town's costs and expenses for this project, or to take any other action relative thereto. (Two-Thirds Vote Required) (Water Commissioners) PURCHASE OF STREET LIGHTS ARTICLE 16: To see if the Town will vote to transfer from available funds a sum of money to purchase from the Commonwealth Electric Company, in accordance with the Massachusetts General Laws Chapter 164, Section 34A, street lights and related equipment, located within the Town that are presently owned by said Company and to authorize the Board of Selectmen to take any necessary steps to complete such purchase, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) OPEN SPACE LAND ACQUISITION ARTICLE 17: 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 No. 99, Parcels No. 007, 039, 040 and 041, 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 of Massachusetts or some other source to defray a portion or all of the costs of acquiring this property; and to authorize the Board of Selecrmen to assume the care, custody, control and management of this property; or to take any other action relative thereto. (Two-Thirds Vote Required) (Open Space Committee) OPEN SPACE LAND ACQUISITION ARTICLE 18: 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' Map No. 37, Parcel No. 18, 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 of Massachusetts or some other source to defray a portion or all of the costs of acquiring this property; and to authorize the Board of Selecrmen to assume the care, custody, control and management of this property; or to take any other action relative thereto. (Two-Thirds Vote Required) (Open Space Committee) OPEN SPACE LAND ACQUISITION ARTICLE 19. To see if the Town will vote to authorize the Board of Selectmen to purchase the property described herein for a purchase price not to exceed ONE MILLION EIGHT HUNDRED AND 00/100 ($1,800,000.00) DOLLARS; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to transfer from available funds and/ or to borrow, under the authority of Section 7 of Chapter 293 of the Acts of 1998, entitled "An Act Relative to the Establishment of the Cape Cod Open Space Land Acquisition Program," and any other enabling authority, a sum not to exceed ONE MILLION ONE HUNDRED AND 00/100 ($1,100,000.00) DOLLARS; to issue notes and bonds of the Town therefor; to authorize the Board of Selectmen to expend these funds for the acquisition of the land described as follows: Lots 2, 3, 4, 5, and 7 shown on the "Long Pond Landing, Brewster, MA, Preliminary Grid Subdivision by Eastward Companies, Inc." (on file at the Planning Board office and representing a proposed division of the land designated on Brewster assessors' Map 48 as Parcel 8); to provide, however, that no funds shall be borrowed by the Town Treasurer for this purchase until the Town Treasurer first obtains from the Board of Selectmen a determination that the Town has received no less than a total of $700,000.00 in contributions for this purchase from the Brewster Conservation Trust, from the Massachusetts Audubon Society, and/ or from all other sources; to appropriate and transfer from available funds a sum of money for the issuance and markering of notes and bonds, the payment of interest, and the payment of incidental expenses relative thereto; to authorize the Board of Selecttnen and/ or the Open Space Committee to apply for funds and grants to assist with this land acquisition but, for all funds received beyond $700,000.00, to reduce by such sums the amount of borrowing so authorized; to authorize the Board of Selecrmen to grant to the Brewster Conservation Trust for the land to be acquired a perpetual conservation restriction issued under Massachusetts General laws Chapter 184, Section 31 through 33; and, except for any issued notes and/ or bonds, to terminate the authorization conferred by any vote rendered under this Article unless the land has been acquired or has been made the subject of an executed purchase and sale agreement by June 30, 2001 or any later date fixed by a subsequent Town Meeting vote; or to take any other action relative thereto. (Two-Thirds Vote Required) (Open Space Committee) -----··------ CEMETERY COMMISSION ARTICLE 20: To see if the Town will vote to ask the Board of Selectmen to appoint a Cemeteiy Commission with three (3) members having staggered three (3) year terms and to ask the Selectmen to place on the ballot for the next annual town election the question, "Shall the Town vote to have its Selectmen appoint Cemeteiy Commissioners?", or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) AMENDMENT TO TOWN CODE/BARKING DOGS ARTICLE 21: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts by adopting the following general by-law as Chapter 86, Article II, Section 86-6 thereof: "Section 86 - 6 Barking Dog By-law. No person owning, keeping or otherwise responsible for a dog shall allow or permit said dog to annoy another person's reasonable right to peace or privacy by making loud or continuous noise when such noise is plainly audible at a distance of one hundred and fifty (150') feet from the building, premises, vehicle or conveyance housing said dog, or such noise is continuous in excess of ten (10) minutes. The fact that such noise is plainly audible at said distance or continuance in excess of ten (10) minutes shall be prima facie evidence of a violation and punishable, as follows: First Offense -Warning Second Offense -up to $25.00 Fine Third Offense -up to $30.00 Fine Fourth or Subsequent Offenses -up to $50.00 Fine." or to take any other action relative thereto. (Majority Vote Required) (Police Chief) EDDY ELEMENTARY SCHOOL SPECIAL PERMIT ARTICLE 22: To see if the Town will vote to request that the Planning Board to amend the special permit issued under the Corridor Overlay Protection District for the Eddy Elementaiy School, to eliminate the restriction on non-school type uses of the school building and grounds, or to take any other action relative thereto. (Majority Vote Required) (Citizens' Petition) ZONING BYLAW AMENDMENT/CLASSIFICATION MANUAL ARTICLE 23: To see ifthe Town will vote to amend the Code of the Town of Brewster by revising Chapter 179, Article I, Section 179-2 A by replacing the words: "Standard Industrial Classification Manual published by the Executive Office of the President, Office of Management and Budget" with the words: "the North American Standard Industrial Classification Manual published by the Executive Office of the President, Office of Management and Budget, or to take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) ZONING BYLAW AMENDMENT/ ACCESSORY USE DEFINITION ARTICLE 24: To see if the Town will vote to amend the Code of the Town of Brewster by revising Chapter 179, Article I, Section 179-2 B by "ADDING" to the current definition of Use, Accessory the following sentence: "To qualify as an accessory use, the use must be allowed in its district, or it must have been authorized by a special permit or a vanance." or to take any action relative thereto. (Two-Thirds Vote Required) (Planning Board) ZONING BYLAW AMENDMENT ARTICLE 25: To see if the Town will vote to amend Chapter 179 (Zoning Bylaws) of the Code of the Town of Brewster to include Lots 4-1through4-5, Lots 156 through199, and Lots 26A, 26C, 26D and 26E (Pedestrian Access to Stony Brook Elementary School) of Map 26 of the Board of Assessors' Maps within the adjacent R-M district shown on the zoning district map, to revise the zoning map to reflect this movement and relocation of an existing district boundary line, and to amend the Code of the Town of Brewster, Massachusetts, Chapter 179, Article II, Section 179-4 so that it will read as follows: The location and boundaries of the zoning districts are hereby established as shown on the May 1979 Map entitled, "Zoning Districts Map of the Town of Brewster, Massachusetts," which is on file in the Town Clerk's Office, and which is a part of this chapter; or to take any other action relative thereto. (Two-Thirds Vote Required) (Citizens' Petition) STABILIZATION FUND ARTICLE 26: To see if the Town will vote to add a sum of money to the Stabilization Fund and to transfer from available funds a sum of money for this purpose, or to take any other action relative thereto. (Majority Vote Required) ANY OTHER BUSINESS ARTICLE27: this meeting. (Board of Selectmen) To act on any other business that may legally come before And you are hereby directed to serve this Warrant with your doing thereon to the Town Clerk at the time and place of said meeting as aforesaid. ----·····--- Give under our hands and Seal of the Town of Brewster affixed this Twenty- Fourth day of October, 2000. John C Mitchell, Chairman ~/17µ,ef;z Peter G. Norton, Vice-Chairman cegory A. Levassem:, Clerk .··~IL~(\ ~' Robert B. Hirschman I, Roland W. Bassett, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Fall Yearly Town Meeting of November 20, 2000 by posting attested copies thereof, in the following locations in the Town on the -1,._} day of October, 2000. Brewster Town Offices Brewster Farm Market Brewster Ladies Library Brewster Pizza House The Brewster Store Millstone Liquors U. S. Post Office