HomeMy Public PortalAbout2018-05-07 Special Town Mtg Warrant TOWN OF BREWSTER SPECIAL TOWN MEETING MAY 712018
Barnstable, ss
To : Roland W . Bassett, Jr. Constable of the Town of Brewster
Greetings :
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and
inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet at the Cafeteria
at Stony Brook Elementary School, 384 Underpass Road , on Monday, May 7, 2018, next, at 7 : 05
p . m . o' clock in the evening, then and there to act upon the following articles :
UNPAID BILLS
ARTICLE NO . 1 : To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to an applicable statute or transfer from available funds for the payment, pursuant to
Chapter 44 Section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal
years, including any bills now on overdraft, or to take any other action relative thereto .
( Board of Selectmen ) ( Nine-tenth Vote Required )
Motion : Move that Eight Hundred Sixty Four Dollars and Forty Four Cents ( $864. 44) be
transferred from Free Cash to pay the Golf Department unpaid bills from prior fiscal years :
Department Vendor Amount
a . Golf The Chas . C . Hart Seed Co . $ 864 . 44
Total All Funds $ 864. 44
BUDGETARY TRANSFERS
ARTICLE NO . 2 : To see what sums the Town will vote to transfer into various line items of the
Fiscal Year 2018 General Fund operating budget from other line items of said budget and from
other available funds, or to take any other action relative thereto .
( Board of Selectmen ) ( Majority Vote Required )
Motion : Move that the amounts listed below be transferred between the various Fiscal Year
2018 funds, accounts, and expenditures as follows :
- FROM TO AMOUNT
a Water Reserve Fund — Undesignated Water, Capital $ 500, 000
Fund Balance
b General Fund Free Cash Public Buildings, Expenses $ 11; 000
c Article 3 of the November 14, 2016 Special Ambulance Reserve Fund $ 330
Town Meeting — Inflatable Rescue Boat
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RESCIND DEBT AUTHORIZATION
ARTICLE NO . 3@. To see what action the Town will take to rescind unused borrowing authority
authorized by previous town meetings, or to take any other action relative thereto .
( Board of Selectmen ) ( Majority Vote Required )
Motion : Move that the unused borrowing authority for the following projects be rescinded :
DEPARTMENT ITEM ARTICLE / TOWN AMOUNT TO BE
MEETING RESCINDED
Town Private Road Article 20 of the May $ 146, 133
Administration/ Board Betterment/Tower 4, 2015 Annual Town
of Selectmen Hill Circle Meeting
Town Private Road Article 19 of the May $ 38, 537
Administration/ Board Betterment/ Moss 4, 2015 Annual Town
of Selectmen Lane, Commons Way Meeting
& Magnet Way
Water Department SCADA Replacement Article 10 of the May $ 500, 000
Project 11 2017 Annual Town
Meeting
COMMUNITY PRESERVATION ACT/ Reallocation of Fund Balance and Budgetary Transfers
ARTICLE NO . 4 * To see what sums the Town will vote to transfer to the Community Preservation
Fund reserved and unreserved fund balances from the unspent remainder of projects approved
in prior fiscal years so that such sums are available for future appropriation or transfer from
available funds in the Community Preservation Fund for particular community preservation
purposes, or to take any other action relative thereto .
( Community Preservation Committee ) ( Majority Vote Required )
Motion : Move that the Community Preservation Act amounts listed below be transferred or
appropriated , in the amounts and for the purposes specified , as follows :
Item # From : To : Amount
1 Article 31 of the May 1, Reserve Fund Balance — $ 9, 000
2000 Annual Town Open Space
Meeting — Open Space
Land Acquisition
2 Article 6 of the May 2, Reserve Fund For $ 7, 500
2016 Special Town Community Preservation
Meeting — Babe Ruth Purposes — Community
Baseball field Preservation
rehabilitation
3 Reserve Fund For Recreation Department — $ 150, 000
Community Preservation ADA improvements at the
Purposes — Community athletic fields at Freeman ' s
Preservation Way, Town Hall , and Gage' s
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Field , including all
incidental and related costs
Total $ 166, 500
Further, to sunset professional services authorization ( s ) at the close of the fiscal year and
transfer any unused balance to their respective fund balance (s ) ;
And further, any revenues received in excess of the estimated receipts are transferred to their
respective reserve fund balance (s ) for future appropriation using the allocation formula of 50%
Open Space, 10% Housing, and 10% Historical Preservation and 30% for Community Preservation
Reserve .
IAFF COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO . 5 : To see if the Town will vote to raise and appropriate or transfer from available
funds a sum of money to be used to meet the terms and conditions of the first fiscal year of the
Collective Bargaining Agreement, effective July 1, 2017, between the Town of Brewster and the
International Association of Firefighters, Local 3763, or to take any other action relative thereto .
( Board of Selectmen ) ( Majority Vote Required )
Motion : Move that Sixty Six Thousand Five Hundred Eighty Dollars ( $ 66, 580 ) be transferred
from Fiscal Year 2018 General Fund Contractual Obligations budget to the Fire Department
budget to fund the cost items for Fiscal Year 2018 in a collective bargaining contract between the
Town of Brewster ( represented by the Board of Selectmen ) and the Fire Union employees
( represented by the International Association of Firefighters, Local 3763 ) in accordance with
Chapter 150E of the Massachusetts General Laws, and to amend the Town ' s classification ,
compensation plan and Fiscal year 2018 Fire Operating Budget accordingly to reflect such
contract .
PRIVATE ROAD ENGINEERING SERVICES/ North Pond Drive
ARTICLE NO . 6 : To see if the Town will vote to raise and appropriate, transfer from available
funds, and/or borrow a sum of money pursuant to GL c. 40, § § 7 and 8, Chapter 297 of the Acts
of 2002, Chapter 373 of the Acts of 2006 and , and/or any other enabling authority, said sum to
be spent by the Town Administrator with the approval of the Board of Selectmen , to finance costs
associated with engineering services and costs incidental or related thereto, for repairs to the
private road known North Pond Drive, which costs shall be assessed by the Board of Selectmen
as a betterment under General Laws Chapter 80, Section 1 on each parcel within the area
benefiting from the improvement, all in compliance the Brewster Town Code, Chapter 157,
Article VIII , Section 157-20, or to take any other action related thereto .
( Board of Selectmen ) ( Majority Vote Required )
Motion : Move that Seven Thousand Five Hundred Dollars ($ 7, 500) be transferred from the
Betterments Reserve to finance costs associated with engineering services and costs incidental
or related thereto , for repairs to the private way known as North Pond Drive and costs incidental
or related thereto , said sum to be spent by the Town Administrator with the approval of the
Board of Selectmen , which costs shall be assessed by the Board of Selectmen as a betterment
under General Laws Chapter 80, Section 1 on each parcel within the area benefiting from the
improvement, all in compliance the Brewster Town Code, Chapter 157, Article VIII , Section 157-
20 .
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BREWSTER AFFORDABLE HOUSING TRUST FUND
ARTICLE NO . 7a To see if the Town will vote to accept the provisions of General Laws Chapter
44, Section SSC, and to establish a trust to be known as the Brewster Affordable Housing Trust
Fund , whose purpose shall be to provide for the creation and preservation of affordable
housing in the Town of Brewster for the benefit of low and moderate income households and
for the funding of community housing, as defined and in accordance with the provisions of
General Laws Chapter 44B , and , in implementation thereof, to amend the Brewster Code of
By- Laws, Part 1, by adding a General Bylaw Chapter 18 for these purposes , including the
establishment of a Board of Trustees to govern said trust; or act on anything relative thereto .
CHAPTER 18 — BREWSTER AFFORDABLE HOUSING TRUST FUND
§ 18- 1 Name of the Trust
The Trust shall be called the " Brewster Affordable Housing Trust " , herein referred to as the
"Trust" .
§ 18-2 Purpose
The purpose of the Trust shall be to provide for the preservation and creation of affordable
housing in the Town of Brewster for the benefit of low and moderate income households and for
the funding of community housing as defined in and in accordance with the provisions of
Massachusetts General Laws, Chapter 44B ( " Chapter 4413" ) . The Trust shall use such property,
both real and personal, and shall dispense such funds in such manner as the Board of Trustees
shall deem most appropriate to carry out such purpose consistent with the policies adopted from
time to time by the Board of Selectmen regarding affordable housing . The Trust shall be governed
by a Board of Trustees in accordance with General Laws Chapter 44, Section 55C ( "Section 55C" ) ,
as revised from time to time, and the authority granted by Town Meeting .
§ 18-3 Board of Trustees
There shall be a seven - member Board of Trustees (the " Board " ) appointed by the Board of
Selectmen from amongst the residents of the Town . The members of the Board shall be
comprised of as follows :
one ( 1 ) member of the Board of Selectmen ;
one ( 1 ) member of the Brewster Housing Partnership ;
one ( 1 ) member of the Community Preservation Committee;
one ( 1 ) member of the Planning Board ;
two ( 2 ) residents at large, and ;
The Town Administrator or the Administrator' s designee .
Trustees appointed as representatives of boards or committees shall serve forterms of two years
or until they no longer serve on such board or committee, whichever is shorter . The at- large
Trustees shall serve for terms of two years . The Town Administrator shall serve by virtue of the
office . To the extent possible, the Board of Selectmen shall appoint as Trustees individuals with
background or interest in affordable housing, and specifically those with financial , legal or
development expertise, or experience and perspective on housing preservation . Any Trustee
who ceases to be a resident of the Town of Brewster shall vacate the office . Any Trustee may
resign by filing with the Town Clerk written notice thereof.
Any vacancy in the office of Trustee shall be filled by appointment of the Board of Selectmen ,
notice of which shall be filed with the Town Clerk. The title to the Trust estate shall thereupon
and without the necessity of any conveyance be vested in such succeeding Trustee jointly with
the remaining Trustees .
Trustees may be removed by the Board of Selectmen at any time for cause following the
opportunity for a hearing . For purposes of this bylaw, the term "cause" shall include, but not be
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limited to, violation of any local, state, or federal law; incapacity to perform the duties of a
Trustee; and acts of a Trustee, that in the opinion of the Board of Selectmen , are negligent or
detrimental to the Town of Brewster or the Trust; and four (4) consecutive absences from Board
of Trustees meetings . Reference to the Trustee shall mean the Trustee or Trustees for the time
being hereunder.
The Trustees shall annually elect a Trustee to serve as Chair . The Chair may establish sub -
committees and/or ad hoc task- related committees to carry out the purposes of the Trust . Chairs
of the sub -committees may be selected by the members of the sub -committees .
§ 184 Meetings of the Trust
The Board shall meet at least quarterly in the Town of Brewster at such time and at such place as
the Trustees shall determine . Special meetings may be called by the Chair or by a majority of
Trustees . Notice of all meetings of the Trust shall be given in accordance with the provisions of
the Open Meeting Law, General Laws Chapter 30A, Sections 18- 25 . While a majority of the full
Board of Trustees shall constitute a quorum for the transaction of any business of the Board of
Trustees, less than a quorum may, subject to the requirements of the Open Meeting Law,
continue a meeting to a time, date and place certain .
§ 18-5 Powers of the Board
The powers and duties of the Board shall include the following, all of which shall be carried on in
furtherance of the purposes and in compliance with the terms set forth in Section 55C of Chapter
44 of the General Laws :
A . To accept and receive real property, personal property or money, by gift, grant, contribution ,
devise or transfer from any person , firm , corporation or other public or private entity,
including but not limited to money, grants of funds or other property tendered to the Trust
in connection with any by- law or any general or special law or any other source, including
money appropriated pursuant to the Community Preservation Act, Chapter 44B of the
Massachusetts General Laws; provided , however, that any Community Preservation Act
monies received shall be used exclusively for community housing and shall remain subject to
all the rules, regulations and limitations of that chapter when expended by the Trust, and
such funds shall be accounted for separately by the Trust; and provided further, that no later
than July 15 of any calendar year, the Trust shall ensure that all expenditures of funds
received from said Chapter 44B are reported to the Community Preservation Committee for
inclusion in the year end reporting to the Massachusetts Department of Revenue;
B . To purchase and retain real or personal property, including, without restriction , investments
that yield a high rate of income or no income ; provided that any expenditure of funds in
excess of Fifty Thousand Dollars ($ 50, 000 ) to purchase real or personal property shall first
be approved by the Board of Selectmen ;
C. To sell , lease, exchange, transfer or convey any personal , mixed , or real property at public
auction or by private contract for such consideration and on such terms as to credit or
otherwise, and to make such contracts and enter into such undertaking relative to Trust
property as the Board deems advisable notwithstanding the length of any such lease or
contract; provided that any sale, lease, exchange, transfer or conveyance of any property
having a value in excess of Fifty Thousand Dollars ($ 50, 000 ) shall first be approved by the
Board of Selectmen ;
D . To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases,
covenants, contracts, promissory notes, releases, grant agreements and other instruments
sealed or unsealed , necessary, proper or incident to any transaction in which the Board
engages for the accomplishment of the purposes of the Trust ;
E . To employ advisors and agents, such as accountants, appraisers and lawyers as the Board
deems necessary;
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F . To pay reasonable compensation and expenses to all advisors and agents and to apportion
such compensation between income and principal as the Board deems advisable ;
G . To apportion receipts and charges between incomes and principal as the Board deems
advisable, to amortize premiums and establish sinking funds for such purpose, and to create
reserves for depreciation depletion or otherwise ;
H . To participate in any reorganization , recapitalization , merger or similar transactions; and to
give proxies or powers of attorney with or without power of substitution to vote any
securities or certificates of interest; and to consent to any contract, lease, mortgage,
purchase or sale of property, by or between any corporation and any other corporation or
person ;
I . To deposit any security with any protective reorganization committee, and to delegate to
such committee such powers and authority with relation thereto as the Board may deem
proper and to pay, out of Trust property, such portion of expenses and compensation of such
committee as the Board may deem necessary and appropriate ;
J . To carry property for accounting purposes other than acquisition date values;
K . To borrow money on such terms and conditions and from such sources as the Board deems
advisable, to mortgage and pledge trust assets as collateral , provided that any borrowing of
funds in excess of Fifty Thousand Dollars ( $ 50, 000 ) shall first be approved by the Board of
Selectmen ;
L. To make distributions or divisions of principal in kind ;
M . To comprise, attribute, defend , enforce, release, settle or otherwise adjust claims in favor or
against the Trust, including claims for taxes, and to accept any property, either in total or
partial satisfaction of any indebtedness or other obligation , and subject to the provisions of
Section 55C, to continue to hold the same for such period of time as the Board may deem
appropriate ;
N . To manage or improve real property; and to abandon any property which the Board
determined not to be worth retaining;
O . To hold all or part of the Trust property uninvested for such purposes and for such time as
the Board may deem appropriate; and
P . To extend the time for payment of any obligation to the Trust;
Q. To issue policy goals and statements to serve as guidelines for the Trust;
R . To provide funds for the benefit of low and moderate income households to assist in the
acquisition , creation , preservation , rehabilitation and support of housing affordable for such
families; and
S . To exercise such additional powers, if any, as may be set forth in G . L. c . 44, § 55C, as it may
be amended from time to time
§ 18=6 Acts of Trustees
Except as otherwise provided , any action of the Board of Trustees shall be approved by a majority
of those present and voting at a duly called meeting provided that a quorum is present, and any
and all instruments executed by such majority shall be binding upon the Trust, and shall be
conclusive evidence that such action has been duly authorized . The Trustees may, by instrument
executed by all the Trustees, delegate to any attorney, agent or employee such other powers and
duties as they deem advisable, including power to execute and deliver instruments as fully as the
Trustees might themselves and to sign and endorse checks for the account of the Trustees of the
Trust . The Trustees shall not delegate the authority to amend or terminate the Trust and no such
delegation shall be effective . No Trustee shall be required to give bond . No license of court shall
be required to confirm the validity of any transaction entered into by the Trustees with respect
to the Trust estate . No one dealing with the Trustees need inquire concerning the validity of any
act of the Trustees or see to the application of anything paid to or upon the order of the Trustees .
No Trustee shall be liable for the act, negligence or default of any other Trustee or any employee,
agent, or representative of the Trustees selected with reasonable care, nor for errors in
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judgment, nor mistakes of law or fact made in good faith nor in reliance in good faith on advice
of counsel nor for other acts or omissions in good faith .
In exercising these powers, the Trustees shall recognize the role of the Board of Selectmen or its'
designee as the principal procurement officer under G . L. c . 30B, including the bidding and
awarding of all contracts . Where an act of the Trustees requires prior written notice to the Board
of Selectmen , notice shall be deemed given when addressed to the Board of Selectmen .
§ 18-7 Status of Trust and Board of Trustees
The Trust is a public employer and the members of the Board are public employees for purposes
of General Laws Chapter 258 . The Trust shall be deemed a municipal agency and the members
of the Board of Trustees special municipal employees for purposes of General Laws Chapter
268A, the Conflict of Interest Law. The Trust is a governmental body for purposes of
Massachusetts General Laws Chapter 30A, Sections 18-25, the Open Meeting Law. The Trust is
also a board of the Town for purposes of General Laws Chapter 30B, the Uniform Procurement
Act, and General Laws Chapter 40, Section15, provided , however, that agreements and
conveyances between the Trust and agencies, boards, commissions, authorities, departments
and public instrumentalities of the Town shall be exempt from said Chapter 30B .
Notwithstanding the foregoing, neither the Trustees nor any agent or officer of the Trust shall
have the authority to bind the Town .
§ 18-8 Custodian of Funds
The Town Treasurer shall be the custodian of the Trust ' s funds and shall maintain separate
accounts and records for said funds . The Treasurer shall invest the Trust's funds in the manner
authorized by G . L. c . 44, § 55B . Any income or proceeds received from the investment of
unrestricted funds shall be credited to and become part of the Trust . The yearly approved budget,
and any approved budget revisions, will be filed with the Town Treasurer. As custodian , the
Treasurer shall issue checks or transfer monies as directed by the Trustees and approved by the
Board of Selectmen . In addition to the requirements of G . L. c . 44, § 55C, the Trust shall comply
with all requirements, if any, of all the funds deposited into the Trust, and shall ensure that
restricted funds, and any interest thereon , are appropriately segregated and reported . The books
and records of the Trust shall be audited annually by an independent auditor in accordance with
accepted accounting practices . Cost associated with the independent audit shall be borne by the
Trust . Upon receipt of the audit by the Board of Trustees, a copy shall be provided forthwith to
the Board of Selectmen .
§ 18-9 Funds paid to the Trust
Notwithstanding any general or special law to the contrary, all moneys paid to the Trust in
accordance with any zoning by- law, exaction fee, or private contribution shall be paid directly
into the Trust and need not be appropriated or accepted and approved into the Trust . General
revenues appropriated into the Trust become Trust property and these funds need not be further
appropriated to be expended . All moneys remaining in the Trust at the end of any fiscal year,
whether or not expended by the Board within one year of the date they were appropriated into
the Trust, remain Trust property .
§ 1 &10 Taxes
The Trust is exempt from General Laws Chapters 59 and 62, and from any other provisions
concerning payment of taxes based upon or measured by property or income imposed by the
Commonwealth or any subdivision thereto .
§ 1811 Duration of the Trust
This Trust shall continue until terminated by a vote of the Brewster Town Meeting. Upon
termination of the Trust, subject to the payment of or making provisions for the payment of all
obligations and liabilities of the Trust and the Trustees, the net assets of the Trust shall be
transferred to the Town and held by the Board of Selectmen for affordable housing purposes
except that any net funds generated pursuant to G . L. c . 44B which shall be returned to the CPA
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Fund for community housing . In making any such distribution , the Trustees shall , subject to the
approval of the Board of Selectmen , sell all or any portion of the Trust property and distribute
the net proceeds thereof or they may distribute any of the assets in kind to the Board of
Selectmen . The powers of the Trustees shall continue until the affairs of the Trust are concluded .
§ 1812 Compensation of Trustees
Trustees shall not receive a salary, stipend , bonus or other means of compensation for their
service as a Trustee, nor shall they be eligible for any benefits from the Town of Brewster.
Trustees may be compensated for reasonable out-of- pocket expenses for travel and other Trust-
related expenses . All such out- of- pocket expenses shall be fully documented with receipts for
expenses prior to payment by the Trust .
§ 1813 Annual Report
The Trustees shall prepare an annual report describing the activities of the Trust on a calendar
year basis . The annual report shall be submitted to the Brewster Board of Selectmen by
December 31St of each year and will be included in the Town ' s Annual Report . The annual report
shall list all financial transactions conducted bythe Trust including all revenues and costs, provide
a balance sheet of liabilities and assets of the Trust, list an inventory of all affordable housing
units created , sold , and /or managed by the Trust, and any other pertinent information related to
the business of the Trust.
§ 18-14 Recording; Amendments
The Trustees are hereby authorized to execute a Declaration of Trust and Certificate of Trust for
the Trust, to be recorded with the Barnstable Registry of Deeds and the Barnstable Registry
District of the Land Court, as applicable . The Declaration of Trust may be amended from time to
time except as to those provisions specifically required under G . L. c . 44, § 55C and/or this bylaw,
by an instrument in writing signed by a majority of the Trustees and approved at a meeting called
for that purpose, and approved by the Board of Selectmen
§ 1815 Titles
The titles to the various Sections herein are for convenience only and are not to be considered
part of said Sections nor shall they affect the meaning or the language of any such Section .
Or to take any other action relative thereto .
( Board of Selectmen ) ( Majority Vote Required )
Motion : Move to approve as printed in the warrant .
MILLSTONE ROAD /Community Housing
ARTICLE NO . 8 : To see if the Town will vote to transfer from the tax custodian for tax title
purposes to the Board of Selectmen for community housing purposes and for the purpose of
conveyance, the care, custody and control of a parcel of land located off Millstone Road ,
identified by Assessors as Parcel 98- 12, and containing 15 . 03 acres, more or less; and to authorize
the Board of Selectmen to take said parcel by eminent domain if necessary or convenient for
community housing purposes and for the purpose of clearing the Town ' s title thereto ; and,
further, to authorize the Board of Selectmen to convey, or to lease for up to 99 years, all or
portions of said parcel for community housing purposes on such terms and conditions, and for
such consideration , which may be nominal consideration , as the Selectmen deems appropriate
and to accept, on behalf of the Town , an affordable housing restriction on said parcel ; or take
any other action relative thereto .
( Board of Selectmen ) ( Majority Vote Required )
Motion : Move to approve as printed in the warrant .
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OTHER BUSINESS
ARTICLE NO . 9 : To act upon any other business that may legally come before this meeting; or
take any other action related thereto .
( Board of Selectmen ) ( Majority Vote Required )
Motion : Motion to be provided at the Special Town Meeting.
And you are hereby directed to serve this Warrant with your doings thereon to the Town Clerk
at the time and place of said meeting as aforesaid .
Given under our hand and Seal of the Town of Brewster affixed this 9th day of April 2018 .
/j/���
Peter G . Norton , Chair Cnthia A. Bin ham , Vice Chair
v
David C . Whitney, Clerk J mes W . Foley
rJ
John T. Dickson
I , Roland W . Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I
served the Warrant for the Special Town Meeting of May 7, 2018 by posting attested copies
thereof, in the following locations in the Town on the 11th day of April 2018 .
Brewster Town Offices Cafe Alfresco
Brewster Ladies Library Brewster Pizza House
The Brewster General Store Millstone Liquors
U . S . Post Office
Roland W . Bassett, Jr. Constable