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HomeMy Public PortalAbout2006-05-01-Annual Town Mtg Report Report of the ANNUAL TOWN MEETING st May 1, 2006 In accordance with the Warrant, the Annual Town Meeting was held in the Stony Brook Elementary School, Monday, May 1st, 2006. The meeting was called to order at 7:00p.m. by the Moderator, Stephen L. Doyle. The Tellers were June Gallant, David Lahive, Ruth Hanlon, Philip Kerrivan, Sheila Gerhardt, and Pat Galante. The Checkers were Jane Nixon, John Nixon, Mary Ducharme, John Unger, Ann Golini, Nancy Berbrick, Colette Williams, Elizabeth Hardy, and Gennaro Tursi. A quorum was present. The Town Clerk, Mildred A. Unger, 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. ANNUAL REPORT ARTICLE NO. 1: To act upon the Annual Town Report of the Board of Selectmen, Town Officers and other Special Committees, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) I move that the town vote to indefinitely postpone consideration of MOTION: article no. 1. ADOPTED. ACTION: HERRING/ALEWIFE FISHERIES ARTICLE NO. 2: To see if the Town will vote to take no action regarding its herring or alewife fishery, or to take any other action relative thereto. (Majority Vote Required) (Alewife Committee) I move that the town vote to approve article no. 2 as printed in the MOTION: warrant. ADOPTED ACTION: . CAPE COD VOCATIONAL TECHNICAL SCHOOL OPERATING BUDGET ARTICLE NO. 3: 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, 2007, as follows: EXPENDED APPROPRIATED REQUESTED ITEM DEPARTMENT FY2005 FY2006 FY2007 1. CAPE COD TECH. ASSESSMENT $769,359.00 $744,668.00 $727,831.00 TOTAL ASSESSMENT $769,359.00 $744,668.00 $727,831.00 or to take any other action relative thereto. (Majority Vote Required) (Cape Cod Vocational Technical High School Committee) MOTION: I move that the town vote to approve article no. 3 as printed in the warrant and to raise and appropriate the sum of $727,831.00 for this purpose. ADOPTED UNANIMOUSLY ACTION: . ELEMENTARY SCHOOLS OPERATING BUDGETS ARTICLE NO. 4: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray the Elementary Schools’ charges and expenses, for the Fiscal Year ending June 30, 2007, as follows: EXPENDED APPROPRIATED REQUESTED ITEM DEPARTMENT _ FY2005 FY2006 FY2007 1. ELEMENTARY SCHOOL BUDGET $4,794,138.91 $5,274,495.00 $5,375,936.00 TOTAL SCHOOL BUDGET $4,794,138.91 $5,274,495.00 $5,375,936.00 or to take any other action relative thereto. (Majority Vote Required) (Elementary School Committee) MOTIONI move that the town vote to approve article no. 4 as printed in the : warrant, however that the sum of $5,375,936.00 be amended to $5,362,902.00 and that the town raise and appropriate the total amended sum of $5,362,902.00 for this purpose. ACTIONADOPTED : . TOWN OPERATING BUDGET ARTICLE NO. 5:To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray 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 41 of the General Laws, as amended, for the Fiscal Year ending June 30, 2007, as follows: SELECTMEN EXPENDED APPROPRIATED REQUESTED item DEPARTMENT FY 2005 FY 2006 FY 2007 1 MODERATOR WAGES 300.00 300.00 300.00 2 SELECTMEN'S WAGES 5,134.62 5,250.00 5,250.00 STAFF WAGES 43,792.48 42,370.00 44,452.00 EDUCATIONAL REIMB 315.00 1,000.00 900.00 EXPENSES 26,700.71 23,850.00 28,000.00 ADMINISTRATOR WAGES 218,252.89 228,105.00 222,215.00 EXPENSES 6,702.85 7,400.00 7,600.00 LEGAL EXPENSES 81,349.64 90,000.00 88,000.00 TOWN REPORT EXPENSES 6,850.00 7,300.00 7,500.00 3 FINCOM EXPENSES 496.52 1,000.00 1,000.00 RESERVE FUND 46,948.00 85,000.00 85,000.00 4 ACCOUNTANT WAGES 114,344.55 118,348.00 119,714.00 AUDIT OF ACCOUNTS 14,700.00 25,500.00 26,500.00 EXPENSES 3,559.87 6,340.00 5,565.00 ASSESSOR WAGES 124,244.49 130,194.00 121,674.00 EXPENSES 13,163.23 12,475.00 12,750.00 TREAS/COLL WAGES 163,021.47 168,602.00 172,716.00 EXPENSES 25,118.37 24,500.00 25,050.00 INFORMATION TECHNOLOGY WAGES 58,198.86 60,550.00 61,675.00 EXPENSES 36,207.26 39,496.00 43,501.00 DEBT SERVICE 2,532,805.36 2,731,161.00 2,806,357.00 FRINGE BENEFITS 1,752,668.55 1,913,982.00 2,046,191.00 RETIREMENT/PENSION 865,402.43 922,770.00 965,708.00 5 TOWN CLERK'S WAGES 50,585.85 52,768.00 53,760.00 CLERK STAFF WAGES 28,200.30 29,287.00 39,303.00 EXPENSES 8,189.89 7,150.00 7,575.00 ELECTION WAGES 13,264.92 3,750.00 12,000.00 EXPENSES 7,413.35 3,600.00 8,600.00 REGISTRAR WAGES 3,400.00 4,800.00 4,100.00 EXPENSES 3,349.99 3,620.00 3,800.00 6 TOWN HALL MAINT WAGES 57,677.75 72,588.00 73,596.00 EXPENSES 19,125.30 21,844.00 24,080.00 COA BLDG EXPENSES 8,853.45 7,540.00 7,540.00 DRUMMER BOY EXPENSES 479.81 625.00 350.00 7 CONSTABLE 250.00 250.00 250.00 POLICE WAGES 1,411,707.93 1,491,700.00 1,492,993.00 EXPENSES 110,960.52 125,724.00 131,400.00 8 FIRE/RESCUE WAGES 1,116,031.53 1,157,272.00 1,204,655.00 EXPENSES 86,062.84 94,100.00 94,300.00 RESCUE EXPENSES 81,036.65 70,600.00 74,750.00 STATION EXPENSES 25,211.89 27,500.00 27,500.00 9 PLANNING WAGES 31,666.68 33,060.00 33,724.00 PLANNING/APPEALS EXPENSES 747.61 2,475.00 2,475.00 BLDG INSPECTOR/HDC 10 WAGES 243,061.48 250,457.00 256,164.00 BUILDING/HDC EXPENSES 4,691.68 4,896.00 6,300.00 11 NATURAL RESOURCES AND CONSERVATION WAGES 159,089.06 167,146.00 171,124.00 EXPENSES 24,135.34 25,400.00 29,100.00 PROPAGATION 5,998.28 6,000.00 6,000.00 12 BOARD OF HEALTH WAGES 131,082.42 137,345.00 138,647.00 VISITING NURSE ASSOC. 16,075.00 18,000.00 18,000.00 EXPENSES 2,368.51 11,100.00 4,700.00 13 DPW WAGES 611,340.10 656,298.00 682,232.00 ROAD MACHINERY 28,699.10 29,700.00 31,500.00 SNOW & ICE CONTROL 158,006.74 70,000.00 75,000.00 EXPENSES 154,084.18 177,904.00 196,194.00 SOLID WASTE DISPOSAL 249,284.78 290,000.00 298,429.00 STREETLIGHTING 7,037.21 7,150.00 7,600.00 14 WATER COMM. WAGES 2,200.00 2,200.00 2,200.00 WATER STAFF WAGES 508,228.57 548,660.00 565,961.00 OPERATING EXPENSES 184,321.35 242,759.00 304,040.00 EQUIPMENT EXPENSES 10,360.38 8,545.00 8,490.00 15 GOLF DEPT WAGES 1,009,205.50 1,087,511.00 1,085,019.00 EXPENSES 621,994.81 750,932.00 758,532.00 16 RECREATION WAGES 84,065.08 87,493.00 88,453.00 EXPENSES 24,108.44 20,609.00 20,609.00 17 COUNCIL ON AGING WAGES 131,303.01 141,836.00 149,751.00 EXPENSES 13,693.15 14,700.00 11,800.00 18 LADIES LIBRARY 401,329.00 434,422.00 450,370.00 19 ALEWIVE COMM. WAGES 3,900.00 3,500.00 4,150.00 EXPENSES 392.21 1,000.00 850.00 OLD MILL SITE COMM. 2,903.93 3,500.00 3,720.00 20 UTILITIES 271,340.63 313,325.00 373,680.00 LIABILITY INSURANCE 315,213.00 327,961.00 368,738.00 21 ASSESSMENTS 23,426.61 25,071.00 25,203.00 DOG OFFICER EXPENSES 7,500.00 10,000.00 0.00 MEMORIAL/VETERANS DAY EXP. 1,400.00 1,400.00 1,400.00 VETERANS SERVICES 6,689.49 6,500.00 10,000.00 GRAND TOTAL 14,623,022.45 15,739,066.00 16,348,325.00 or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 5 as printed in the warrant and in order to appropriate this total sum of $16,348,325.00 that the town raise and appropriate the sum of $15,162,011.00, transfer the sums of $224,325.00 from the Road Betterment Fund, $100,000.00 from the Overlay Surplus account, $249,565.00 from the Golf Cart Receipts Reserved for Appropriation account, $125,000.00 from the Pension Reserve account, $98,174.00 from the Community Preservation fund, $55,000.00 from the Tele-communications account, $5,000.00 from the Wetlands Filing Fee account and $329,250.00 from the Ambulance Receipts Reserved for Appropriation account for this purpose. ACTIONADOPTED : . NAUSET REGIONAL SCHOOLS OPERATING BUDGET ARTICLE NO. 6:To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray the Nauset Regional School’s charges and expenses for the Fiscal Year ending June 30, 2007, as follows: EXPENDED APPROPRIATED REQUESTED ITEM DEPARTMENT FY2005 FY2006 FY2007 1. NAUSET ASSESSMENT $7,850,089.00 $7,885,497.00 $8,152,330.00 2. CAPITAL PLAN ASSESSMENT $0.00 $0.00 $225,908.00 TOTAL ASSESSMENT $7,850,089.00 $7,885,497.00 $8,378,238.00 or to take any other action relative thereto . (Majority Vote Required) (Nauset Regional School Committee) MOTION: I move that the town vote to approve article no. 6 as printed in the warrant, however that item no. 1 in the amount of $8,152,330.00 be amended to $8,120,965.00 and that the town raise and appropriate the amended total sum of $8,346,873.00 for this purpose. ACTION: ADOPTED. ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS ARTICLE NO. 7: To see if the Town will vote to reallocate the sum of the member towns’ contributions to the Nauset Regional School District for Fiscal Year 2008 in accordance with the Regional Agreement rather than the Education Reform Formula, so-called, or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) MOTION: I move that the town vote to approve article no. 7 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY. COMMUNITY PRESERVATION ACT FUNDING ARTICLE NO. 8: To see if the Town will vote to act upon the recommendations of the Community Preservation Committee; to appropriate from the Community Preservation Fund to spend during Fiscal Year 2007 or to hold for future expenditure the following sums from the Fund’s Fiscal Year 2007 revenues; to authorize the Town Administrator to enter into contracts for the award of grants to the following agencies; to authorize the Community Preservation Committee, pursuant to the provisions of Massachusetts General Laws, Chapter 184, Sections 31 through 33, to acquire Historic Preservation Restrictions and Affordable Housing Restrictions in consideration of the awarding of the following grants; all as follows: Item: Category: 1. Historic Preservation: a. Higgins Farm Windmill. Award a grant in the amount of $13,000.00 to the Brewster Historical Society in consideration of a grant of a Historic Preservation Restriction to the Community Preservation Committee, for the purpose of restoring, repairing and preserving the 211 year old Higgins Farm Windmill located at the Drummer Boy Park; b. Breakwater Cemetery. Award a grant in the amount of $6,500.00 to the Brewster Cemetery Commission in consideration of a grant of an Historic Preservation Restriction to the Community Preservation Committee, for the purpose of hiring a certified gravestone conservator and consultant to advise on appropriate ways to preserve and protect the gravestones of historic interest in the Breakwater Road Cemetery located behind the First Parish Church; c. Reserve Funds. To hold in reserve for the purpose of Historic Preservation the sum of ninety-seven thousand nine hundred and seventy-three ($97,973.00) Dollars from the Fund’s Fiscal Year 2007 revenues for future expenditure; 2. Community Housing: a. Lower Cape Community Development Corporation. Award a grant in the amount of $43,270.00 to the Lower Cape Community Development Corporation in consideration of a grant of an Affordable Housing Restriction to the Community Preservation Committee, for the purpose of purchasing, owning and managing an affordable rental condominium unit at the Nickerson Park condominiums located on Route 6A; b. Habitat for Humanity. Award a grant in the amount of $95,000.00 to Habitat for Humanity in consideration of a grant of an Affordable Housing Restriction to the Community Preservation Committee, for the purpose of obtaining the necessary engineering services and installing septic systems and utilities on the town-owned property on Slough Road slated for the development of four (4) affordable dwellings; 3. Open Space: a. Reserve Funds. To hold in reserve for the purpose of acquiring Open Space the sum of four hundred eighty-nine thousand one hundred and ninety ($489,190.00) Dollars from the Fund’s Fiscal Year 2007 revenues for future expenditure; 4. Reserve Funds: a. Reserve Funds. To hold, pursuant to the provisions of Section 17-4 of the Brewster Community Preservation Committee Bylaw, in reserve for the purpose of Historic Preservation, Community Housing and Recreation the sum of three hundred thirty-one thousand six hundred twenty-one ($331,621.00) Dollars from the Fund’s Fiscal Year 2007 revenues for future expenditure; 5. Administration and Operating Expenses: a.Administration and Operating Expenses. To appropriate the sum of sixty-one thousand eight hundred and twenty-eight ($61,828.00) Dollars from the Fund’s Fiscal Year 2007 revenues for expenditure by the Community Preservation Committee and the Town Administrator for the general administration and operating expenses related to carrying out the operations of the Community Preservation Committee; Grand-total $1,138,382.00 or to take any other action relative thereto. (Majority Vote Required) (Community Preservations Committee) MOTION: I move that the town vote to approve article no. 8 as printed in the warrant and to appropriate the sum of $1,138,382.00 from Community Preservation Fund for these purposes. ACTION: ADOPTED UNANIMOUSLY. HUMAN SERVICES FUNDING ARTICLE NO. 9: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of FIFTY-FIVE THOUSAND SIX HUNDRED AND THIRTY-SEVEN AND 00/100 ($55,637.00) DOLLARS for the following organizations and in the following respective amounts: 1.Cape Aids Resource Exchange and Services (CARES) $2,500 2.Cape Cod Child Development Program, Inc. $5,020 3.Cape Cod Council on Alcoholism & Drug Dependence, Inc. $4,500 4.Consumers Assistance Council, Inc. $500 5.Gosnold $4,500 6.Independence House, Inc. $3,970 7.Interfaith Council for the Homeless of Lower Cape Cod $4,272 8.Legal Services for Cape Cod & Islands, Inc. $4,000 9.Lower Cape Outreach Council, Inc. $6,700 10.Capabilities (formerly Nauset, Inc.) $6,425 11.Sight Loss Services, Inc. of Cape Cod & Islands $750 12.Nauset Together We Can Prevention Council, Inc. $5,000 13.Elder Services of Cape Cod “Meals on Wheels” $7,500 GRAND TOTAL $55,637.00 and to authorize the Board of Selectmen, the Board of Health, and the School Committee, as appropriate, to enter into contracts with these organizations in order to provide desired social services for residents of Brewster, or to take any other action relative thereto. (Majority Vote Required) (Human Services Committee) MOTION: I move that the town vote to approve article no. 9 as printed in the warrant and to transfer the sum of $55,637.00 from Free Cash for these purposes. ACTION: ADOPTED UNANIMOUSLY. LOCAL BUSINESS ORGANIZATION FUNDING REQUEST ARTICLE NO. 10: To see if the Town will vote to raise and appropriate, and/or transfer from available funds, the sum of TWENTY-SEVEN THOUSAND AND 00/100 ($27,000.00) DOLLARS, to be expended under the direction of the Board of Selectmen to help defray costs associated with the annual publication and distribution of the Brewster Book and Beach Map Guide, as well as the monthly publication of Brewster advertising and website, which advertises the Town’s attractions, amenities, and services; to provide funds for the operation of the Brewster Visitor Information Center; and, under a contract with and at the direction of the Board of Selectmen, to enable the Chamber of Commerce and Board of Trade United to appropriately advertise Brewster in order to increase room tax and beach pass revenue for the town, promote the Town’s golf course, or to take any other action relative thereto. (Majority Vote Required) (Citizens’ Petition) MOTION: I move that the town vote to approve article no. 10 as printed in the warrant, however that the funding request be amended from the sum of $27,000.00 to $24,500.00 and to transfer this amended sum of $24,500.00 from Free Cash for this purpose. ACTION: ADOPTED. HAZARDOUS WASTE COLLECTION DAY PROGRAM ARTICLE NO. 11: To see if the Town will vote to transfer from the Water Revenue account the sum of NINE THOUSAND AND 00/100 ($9,000.00) DOLLARS to finance costs associated with the hazardous waste collection day program and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts and expend said funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Health & Water Commission) MOTION: I move that the town vote to approve article no. 11 as printed in the warrant and to transfer the sum of $9,000.00 from the Water Revenue account for this purpose. ACTION: ADOPTED UNANIMOUSLY. BREWSTER TOWN BAND FUNDING ARTICLE NO. 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 raise and appropriate and/or transfer from available funds the sum of ONE THOUSAND AND 00/100 ($1,000.00) DOLLARS, and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept grant proceeds and expend said funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 12 as printed in the warrant and to transfer the sum of $1,000.00 from Free Cash for this purpose. ACTION: ADOPTED UNANIMOUSLY. BAYSIDE SKIPPERS FUNDING ARTICLE NO. 13: To see if the Town will vote, to transfer from available funds the sum of FOUR THOUSAND FIVE HUNDRED AND 00/100 ($4,500.00) DOLLARS to pay for a public performance of team skipping, and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept gifts and expend said funds for this purpose or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 13 as printed in the warrant and to transfer the sum of $4,500.00 from Free Cash for this purpose. ACTION: ADOPTED. BREWSTER BASEBALL CLUB / FUNDING ARTICLE NO. 14: To see if the Town will vote to transfer from available funds the sum of FIVE THOUSAND AND 00/100 ($5,000.00) DOLLARS for the purpose of co-sponsoring public festivities for the new Brewster Whitecaps’ baseball field grand opening ceremony to be held on or about July 2, 2006 on the town-owned property located at the Stony Brook Elementary School on Underpass Road in Brewster, MA, said funding will include expenses such as printing, entertainment, police department details and other similar and related costs, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 14 as printed in the warrant and to transfer the sum of $5,000.00 from Free Cash for this purpose. ACTION: ADOPTED. CAPITAL AND PROJECT EXPENDITURES ARTICLE NO. 15: To see if the Town will vote to raise and appropriate, transfer from available funds and/or borrow a sum of money for the purpose of funding the following capital acquisitions and special project expenditures to be undertaken during Fiscal Year 2007 and to authorize the Town Administrator to sell, trade, lease, exchange or otherwise dispose of, in the best interests of the town, old equipment or vehicles deemed available, the proceeds from any such disposition to be applied toward the cost of acquiring said equipment or services as the case maybe: TRANSFER FROM AVAILABLE ITEM DEPARTMENT FUNDS 1.Board of Selectmen a. Emergency Preparedness Equipment & Supplies $25,000 b. Records Retention Project $42,000 c. Computer Equipment/Fire Department $ 5,000 2.Fire Department a. Rescue Billing Services $ 15,000 b. Rescue Equipment Expense $ 7,500 c. County Dispatch Services $ 25,000 d. Hazardous Materials Expense $ 2,000 e. Defibrillator $ 25,000 f. Radio Equipment & Pass Devices $ 30,000 3.Department of Public Works a. Front-end Loader/Backhoe $120,000 b. Automatic Transmission Fluid Exchanger $ 3,800 c. Mowing Deck Equipment $ 9,500 d. Auto Analyzer Equipment $ 3,000 4.Golf Department a. Triplex Rough Mower $34,500 b. Workman Utility Vehicle $12,000 c. Irrigation Service Agreement $ 3,460 d. HVAC Engineering Design Service $10,000 5.Police Department a. Patrol Vehicles Replacement $ 57,000 b. Bulletproof VestsEquipment$ 11,000 c. Digital Recording System Equipment $ 9,000 d. Photocopier Replacement $ 9,500 6.Water Department a. Copier Replacement $ 6,000 b. Generator Replacement $12,000 c. Mower Replacement $ 3,000 d. Dump Truck Body Replacement $15,000 e. Engineering for Pump Controller Upgrade Project $30,000 7.Elementary School Department a. Land Surveying Services $ 9,970 Grand-total $535,230.00 or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 15 as printed in the warrant, however that the following items be deleted: ?Item no. 2(a) Rescue Billing Services in the amount of $15,000.00, ?Item no. 2(c) County Dispatch Services in the amount of $25,000.00, ?Item no. 2(d) Hazardous Materials Expense in the amount of $2,000.00, and to appropriate the total amended sum of $493,230.00, and in order to appropriate this sum that the town transfer $9,500.00 from the Sale of Cemetery Lots fund, $59,960.00 from the Golf Cart Receipts Reserved for Appropriation account, $290,270.00 from Free Cash, $66,000.00 from the Water Revenues and $67,500.00 from the Ambulance Receipts Reserved for Appropriation account for these purposes. ACTION: ADOPTED. POLICE UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 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, 2006, between the Town of Brewster and the Police Officers, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 16 as printed in the warrant and to raise and appropriate the sum of $40,000.00 for this purpose. ACTION: ADOPTED UNANIMOUSLY. SEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 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, 2006, between the Town of Brewster and the Service Employee’s International Union, Local 254, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to indefinitely postpone consideration of article no. 17. ACTION: ADOPTED UNANIMOUSLY. OPEIU, UNITS A & B, COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 18: 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, 2006, 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. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to indefinitely postpone consideration of article no. 18. ACTION: ADOPTED UNANIMOUSLY. IAFF COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 19: 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, 2006, 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) MOTION: I move that the town vote to approve article no. 19 as printed in the warrant and to raise and appropriate the sum of $31,000.00 for this purpose. ACTION: ADOPTED UNANIMOUSLY. NON-UNION PERSONNEL WAGE FUNDING ARTICLE NO. 20: To see if the 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, 2006, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 20 as printed in the warrant and to raise and appropriate the sum of $93,000.00 for this purpose. ACTION: ADOPTED. TRIENNIAL REVALUATION OF REAL PROPERTY ARTICLE NO. 21: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of TWENTY-TWO THOUSAND AND 00/100 ($22,000.00) DOLLARS for the purposes of performing the interim year update services of real property and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts and expend said funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Assessors) MOTION: I move that the town vote to approve article no. 21 as printed in the warrant and to transfer the sum of $22,000.00 from the Overlay Surplus account for this purpose. ACTION: ADOPTED. SPECIAL LEGISALTION RETIREES HEALTH INSURANCE BENEFITS ARTICLE NO. 22: To see if the Town will vote to authorize the Board of Selectmen to file special legislation with the General Court to provide for appropriations by Brewster for a trust fund to provide for future liabilities of health insurance for Brewster retirees. In order to offset the anticipated cost of premium payments for or direct payments to retired employees, and the eligible surviving spouse or dependents of deceased employees pursuant to this act, Brewster may appropriate such sums as may be approved by the appropriate legislative body, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to indefinitely postpone consideration of article no. 22. ACTION: ADOPTED UNANIMOUSLY. CROSBY MANSION REVOLVING FUND ARTICLE NO. 23: To see if the Town will vote to reauthorize the Crosby Mansion Revolving fund for the 2007 fiscal year, to credit the fund with the fees and charges received from the Crosby Mansion and cottages during that year, to authorize the Crosby Property Committee to administer the fund and to expend from it the sums needed to pay for the salaries, expenses, and contracted services required to operate the mansion and cottages, and to limit during that fiscal year the total expenditures from the fund to the lesser of $100,000.00 or the balance in the fund, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 23 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY. ZONING BYLAW AMENDMENT/CORRIDOR OVERLAY ARTICLE NO. 24: To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 179, also known as the Zoning Bylaws, Article XII, Corridor Overlay Protection District, Section 179-67, Paragraph A, Transportation Standards, (1), by deleting that paragraph which reads: (1) Proposed uses shall not degrade the existing levels of service of surrounding roads and intersections, including Route 6A, below Level of Service (LOS) C, based on summer peak-hour traffic volumes. This level of service for Brewster's roadways and intersections surrounding Route 6A and for Route 6A has been defined in the Route 6A Corridor Study, prepared by TAMS Consultants, Inc., June 1992. This study is available in the town offices (Planning Board and Board of Selectmen). When the existing LOS is below LOS C, the proponent shall maintain or improve performance indicators. and by replacing it with the following: (1) Proposed uses shall not degrade the existing levels of service of surrounding roads and intersections, including Main Street (Route 6A), below level of service (LOS) C, based on summer peak-hour traffic volumes. The proponent shall demonstrate that the proposed use shall maintain Level of Service (LOS) C. If the existing Level of Service is presently below LOS C or if the LOS with the new use would fall below LOS C, the Planning Board may require a traffic study that would indicate ways to maintain or improve performance indicators. The analysis shall be performed using the Highway Capacity Manual published by the Transportation Research Board. When the existing LOS is below C, the proponent shall maintain or improve performance indicators.” or to take any other action relative thereto. (Two-Thirds vote required) (Planning Board) MOTION: I move that the town vote to approve article no. 24 as printed in the warrant. ACTION: ADOPTED. ZONING BYLAW AMENDMENT/SPECIAL PERMITS ARTICLE NO. 25: To see if the Town will vote to amend the Zoning By-Law by moving a provision in the following manner: by repealing the Code of the Town of Brewster, Chapter 179, Article II, Section 179-6, subsection E, paragraph (4), by renumbering the subsection’s paragraphs (5) and (6) as paragraphs (4) and (5), and by adding as Chapter 179, Article II, Section 179-6, subsection D, paragraph (9) the paragraph which was repealed and which reads as follows: Any landfilling or dumping of any soil, loam, peat, sand, gravel, rocks, or other mineral substances or to take any other action relative thereto (Two-Thirds vote required) (Planning Board) MOTION: I move that the town vote to indefinitely postpone consideration of article no. 25. ACTION: ADOPTED UNANIMOUSLY. ZONING BYLAW AMENDMENT/SIGN REGULATIONS ARTICLE NO. 26: To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 179, also known as the Zoning Bylaws, Article VI, Signs, section 179-20.5 E(5), by deleting that paragraph which reads: (5)Town Event Signs. Up to one month in advance of and during Town- wide celebrations such as Brewster in Bloom, Christmas Prelude and the Town’s Bicentennial, that have been declared by the Board of Selectmen or by vote of town meeting signs, banners, and flags not exceeding twelve (12) square feet, which have been granted a special permit by the Zoning Board of Appeals, may be displayed as a means of publicizing the event or events, provided their image and/or content relates to the declared event. The Zoning Board of Appeals shall solicit comment from the Old King’s Highway Regional Historic District Commission as part of their public hearing process if the sign, banner or flag is proposed to be displayed within the historic district. [added 11-18-2002, STM] and by replacing it with the following: Town and/or Community Event Signs. These signs may be displayed during and as much as a month in advance of Town-wide and/or community events and celebrations, such as Brewster in Bloom and Christmas Prelude, which have been declared by a Town Meeting or the Board of Selectmen, and festivals, fairs, exhibitions, fundraisers, and special entertainment events. Signs, banners, and flags, not exceeding one hundred (100) square feet in size, may be displayed to publicize the event or events but only after the Town Administrator or the Town Administrator’s designee has determined that their images and/or contents are related to the event. Town and/or Community Event Signs may be displayed on Town-owned property, separate from the location of the event, if they are approved by the Board of Selectmen. A Certificate of Appropriateness must also be obtained from the Old King’s Highway Regional Historic District Committee whenever the proposed sign, banner, or flag will be displayed within the historic district. or to take any other action relative thereto. (Two-Thirds vote required) (Planning Board) MOTION: I move that the town vote to approve article no. 26 as printed in the warrant. ACTION: ADOPTED. AMENDMENT TO TOWN BYLAW / WETLANDS PROTECTION BY-LAW ARTICLE NO. 27: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 172, Article XII, Section 172-1 by substituting “and archeological sites” for “aesthetics and historic values” so the amended paragraph will read hereinafter as follows: § 172-1. Purpose. [Amended 10-19-1987 STM, Art. 29] The purpose of this chapter is to protect the wetlands, related water resources and adjoining land areas in the town by prior review and control of activities deemed by the Conservation Commission to have or be likely to have an effect or cumulative effect upon wetland values, including but not limited to the following: public water supply, private water supply, groundwater and groundwater quality, water quality in the numerous ponds of the town, flood control, erosion and sedimentation control, storm damage prevention, prevention of water pollution, fisheries, shellfish, wildlife and wildlife habitat, and archaeological sites (collectively, the "interests protected by this chapter"). This chapter is further intended to provide a means for review and correction of activities performed by any person in violation of any provision contained herein. or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to indefinitely postpone consideration of article no. 27. ACTION: ADOPTED UNANIMOUSLY. AMENDMENT TO TOWN BYLAW / WATER BETTERMENT BY-LAW ARTICLE NO. 28: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, by creating Chapter 171, Article 1, which will read, as follows: WATER BETTTERMENT BYLAW §171-1. In the event property owners, who own property on a roadway without town water, wish the Town of Brewster to finance the installation of a water main, the group shall engage an engineer who is experienced in water main design and construction, who is approved by the Water Department, and who shall survey the road or roads in question to develop a plan for the installation of the water main along the roadway or roadways. The plan shall take into consideration and note existing drainage, berms, driveway aprons, trees, utilities, road edge improvements and other items that must be: protected, deconstructed and reconstructed, restored, or otherwise considered in defining the conditions of work for the water main installation project. The project design must meet all best waterworks practices and the most current Brewster Water Department specifications for materials and installation. A preliminary plan shall be submitted to the Water Department for design approval. §171-2. All costs of preparing the water installation plan, obtaining cost estimates, securing and recording easements, and preparing the petition described below shall be the exclusive responsibility of the petitioners. Easements will be required for the lots upon which the main installation will occur. Obtaining the completed easements shall be the exclusive responsibility of the petitioners. The easements must be recorded at the Barnstable County Registry of Deeds prior to the selection of bids as specified by §171-5. In the event the petitioned water main must cross private land to reach the petitioners’ roadway, all additional, needed easements must also be granted. §171-3. A. After the plan has been prepared and the design approved by the Water Department, the property owners' engineer shall secure at least three bids from contractors on the current list of water installers approved by the Brewster Water Department. After receipt of the bids, the property owners shall prepare a petition to the Board of Water Commissioners 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 according to their Assessors’ map and parcel numbers, furnish the respective record owner’s names, and provide 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 to 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. Town administrative costs shall not exceed 4% of the project cost. B. The petition shall not be presented to the Water Commissioners unless 50% 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. §171-4. A. The petition, accompanied by the engineer’s plan, a map depicting both the entire length of the proposed water main and the segments of roadways involved, and the data supporting the cost estimates, shall be submitted to the Water Department on or before August 31. The Water Commissioners shall refer every such petition to the Assessors’ office for verification of signatures and confirmation that more than 50% of abutters have signed. The Water Commissioners shall consider all submitted petitions that pass the Assessors’ examination prior to September 30. The Water Commissioners shall determine whether the proposed water main project is in the public interest and whether this water main project is within the financial capability of the town. B. The amount to be charged against each parcel of land receiving such benefit shall include the cost of the pipes and other material and of the labor in laying them and other expenses incidental thereto and shall be ascertained, assessed and certified by the water commissioners or the other officers in charge of the supply and distribution of water in such city, town or district. C. The Board of Water Commissioners may then place the plan on the warrant for the next Annual Town Meeting. If the Water Commissioners or other Town Boards or Departments suggest modifications that change the scope of work or costs, the Board of Water Commissioners may, at its option, send the abutters proxies to the abutters noting scope and cost changes, or it may return the project to the petitioners. If proxies are sent out, they must be returned by December 31 in order to qualify the project for consideration at the next Annual Town Meeting. D. Provided that more than 50% of the abutters approved the revisions and returned their proxies by December 31, the Board of Water Commissioners may place the project on the Annual Town Meeting Warrant. E. The Board of Water Commissioners shall record in the Barnstable County Registry of Deeds a statement which shall specify the ways in which the water mains will be laid, which will designate the land, if any, that does not abut any specified way but which will be assessed for the improvement, and which shall designate the parcel owners liable for the betterment assessments. §171-5. 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 or she shall prepare a new request for quotations with the bids to be directed to the Water Superintendent. The Project Manager, Water Superintendent, and the Town Administrator shall select the best bid to do the work. The Project Manager shall advise the Water Superintendent 48 hours in advance of each phase of the project and certify, in writing, to the Water Superintendent that each phase of the work has been completed to the Project Manager's satisfaction. A water inspector, approved by the Water Department, must be present and inspect all water work. The final report of the inspector must be presented to and accepted by the Water Superintendent who will then certify to the Town Accountant that the work is completed so that payment can be made. After the acceptance of and payment for the completed project, the Water Department shall take possession and shall assume ownership of the water main and appurtenances for the Town. Once the water main has been accepted by the Water Department, abutters may apply for a water service connection through the standard Department procedure. §171-6. For a group of 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 roadways to be included in the water main installation project signs the petition and, when they are used, the proxies specified in the preceding sections ; and (2) So long as the water main location and the group of roadways to be included in the water main installation project are owned or controlled, directly or indirectly, by the neighborhood association or its members and all needed easements have been granted. §171-7. The Town of Brewster shall not be held responsible for nor incur liability of any nature for damage or expense arising from the petitioned project or from this arrangement for financing the installation of water mains along private ways. Abutters, by accepting town financing, thereby agree to indemnify and hold the Town harmless from such liability and expense or to take any other action relative thereto. (Majority Vote Required) (Water Commission) MOTION: I move that the town vote to approve article no. 28 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY. PRIVATE ROAD BETTERMENT PROJECT/ CRANVIEW ROAD ARTICLE NO. 29: To see if the Town will vote to authorize the Board of Selectmen to undertake a series of temporary road repairs to the following road: Cranview Road and furthermore, to authorize the Board of Selectmen to proceed with the reconstruction of this way after it has determined that the provisions of the Brewster Town Code, Chapter 157, Article VIII, Section 157-20 have been satisfied; to raise and appropriate, transfer from available funds, and/or to obtain by borrowing the sum of ONE HUNDRED EIGHT THOUSAND EIGHT HUNDRED AND EIGHTY AND 00/00 ($108,880.00) DOLLARS to pay for the costs of engineering, construction, reconstruction, and related expenses in connection therewith; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money, under and pursuant to Massachusetts General Laws Chapter 44, Section 7 or any other enabling authority, and to issue notes and bonds of the Town therefor; and, initially, to raise and appropriate and/or transfer from available funds the sum of money, to be recovered through the betterment assessments against the abutters, to pay the first year’s principal and interest expenses for this project, or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 29 as printed in the warrant and to appropriate the total sum of $108,880.00 for this purpose, and in order to appropriate this total sum that the town transfer the sums of $39,601.00 from article no. 31 (Commons Way Road Betterment project) of the May 2003 Annual Town Meeting and $69,279.00 from article no. 32 (Meetinghouse Village Road Betterment project) of the May 2003 Annual Town Meeting for this purpose. ACTION: ADOPTED UNANIMOUSLY. CRANVIEW ROAD / WATERMAIN INSTALLATION PROJECT ARTICLE NO. 30: To see if the Town will vote to transfer from available funds the sum of SEVENTY-FIVE THOUSAND AND 00/100 ($75,000.00) DOLLARS to finance costs associated with engineering, design, materials and appurtenances, installation and all other costs incidental and related thereto for the installation of 1,000 feet, more or less, of 12” ductile water-main along Cranview Road and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts and expend said funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Water Commission) MOTION: I move that the town vote to approve article no. 30 as printed in the warrant and to appropriate the total sum of $75,000.00 for this purpose, and in order to appropriate this total sum that the town transfer the sum of $75,000.00 from article no. 23 (Slough Road Water-main) of the May 2001 Annual Town Meeting for this purpose. ACTION: ADOPTED UNANIMOUSLY. CAPE COD REGIONAL TECHNICAL HIGH SCHOOL ASSESSMENT FORMULA. ARTICLE NO. 31: To see to if the Town will vote to reallocate the sum of the member towns’ contribution to the Cape Cod Regional Technical High School District in accordance with the Regional Agreement rather than the Education Reform Formula, so-called, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 31 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY. PUBLIC HEALTH SERVICES / INTERMUNICIPAL AGREEMENT ARTICLE NO. 32: To see if the Town will vote to authorize the Board of Selectmen to enter with various districts, towns, and counties a mutual aid agreement or agreements for the provision and receipt of public health services and, pursuant to that agreement or agreements, to authorize the Board of Selectmen to enter specific, implementing intermunicipal agreements and contracts for the provision or receipt of such services, or to take any other action relative thereto. (Majority Vote Required) (Board of Health) MOTION: I move that the town vote to approve article no. 32 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY. RESCIND BOND AUTHORIZATION ARTICLE NO. 33: To see if the Town will vote to rescind the bonding authority given by its vote under Article 16 of the November 20, 1995 Fall Yearly Town Meeting Warrant, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 33 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY. TAX DEFERRAL INTEREST RATE ARTICLE NO. 34: To see if the Town will vote set the interest rate for property tax deferrals under General Laws Chapter 59, Section 5, Clause 41A at 5%, or take any other action relative thereto. (Majority Vote Required) (Board of Assessors) MOTION: I move that the town vote to approve article no. 34 as printed in the warrant. ACTION: ADOPTED. ROAD DRAINAGE EASEMENT ARTICLE NO. 35: To see if the Town will vote to authorize the Board of Selectmen to acquire a drainage easement by gift and/or purchase from ??, on land identified within Parcel No. ? of Map No. ? of the Board of Assessors’ Maps, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 35 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY. CAPTAINS GOLF COURSE RESTAURANT LEASE ARTICLE NO. 36: To see if the Town will vote to authorize the Town Administrator to enter into a contract or contracts for the lease of the restaurant facilities at the Captains Golf Course for up to a five year period, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 36 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY. LOWER/OUTER CAPE COMMUNITY COALITION ARTICLE NO. 37: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of ONE THOUSAND TWO HUNDRED FIFTY AND 00/100 ($1,250.00) DOLLARS or any other sum, to support the Lower/Outer Cape Community Coalition, or to take any other action relative thereto. (Majority Vote Required) (Citizens’ Petition) MOTION: I move that the town vote to indefinitely postpone consideration of article no. 37. ACTION: ADOPTED. MASHPEE WAMPANOAG TRIBE PETITION FOR FEDERAL RECOGNITION ARTICLE NO. 38: To see if the Town will vote to support the Mashpee Wampanoag tribe’s petition for federal recognition. The Mashpee Wampanoag people have lived on Cape Cod practicing and preserving the traditions of their culture for many years prior to the arrival of the Europeans and continue to do so today. Research documents that they have been present in the Cape Cod area for over 10,000 years. Federal recognition will provide the tribe with health, education, and housing benefits, or to take any other action relative thereto. (Majority Vote Required) (Citizens’ Petition) MOTION: I move that the town vote to approve article no. 38 as printed in the warrant. ACTION: ADOPTED. RESOLUTION FOR CAPE CARE UNIVERSAL HEALTH CARE PROPOSAL ARTICLE NO. 39: to see if the Town will vote to adopt the following resolution: Resolution for “Cape Care” Universal Health Care Proposal Whereas, Health care coverage has become less affordable and less available to growing numbers of people in our community, despite all efforts to date at both the state and federal level; and Each person who lacks adequate health care coverage faces increased risks of illness, disability, and premature death. Our region has well above state-average rates of uninsured- and underinsured- people; and The families of such individuals are faced with growing out-of-pocket costs. These families must now confront the soaring expenses of health coverage, and the worry about bankruptcy or impoverishment in the event of serious illness. Their caregiver stress increases with the need to provide more and more uncovered care; and Small businesses face the soaring expenses of covering their employees' health premiums, passing some of these costs along to employees in the form of rising premiums and out-of-pocket payments. Our regional predominance of small businesses and self-employed individuals is, understandably, a key factor in the low rates of health care coverage; and Our Town governments struggle with the costs of health coverage for town employees. We the people are regularly forced to choose among other important and accustomed community services for budget cuts; and Our community health care providers and institutions are caught in the inescapable financial squeeze of rising administrative costs and declining reimbursements. They are forced to reduce staffing, cut services, or close. Access to care for all they serve is diminished. And whereas, these consequences represent losses in quality of life for many (if not all) members of the Cape and Islands community, and a threat to our collective welfare. Now Therefore, we petition our County Government to support the development of a proposed regional universal health care program, known as Cape Care, which would, at a minimum, meet these criteria: ?provide broad health care coverage for ALL residents of the Cape and Islands, to improve individual and community health; and ?control health care cost inflation by reducing excessive administrative expenses, as well as through bulk discount purchasing of necessary medications and medical supplies; and ?shape health care delivery to meet community needs for appropriate care, through a representative policymaking board of community members and health care providers; and ?strengthen the ability of our existing network of health care providers and institutions to provide high-quality care, by assuring adequate funding for necessary services. We call for a public hearing process in Barnstable County, to include analysis of the proposed plan's organization and governance, its expected effects on community health, and its financial modeling, to be initiated by the end of the year 2006. The Clerk of the Town is instructed to give Notice of Passage of this Resolution to the town's representative to the County Assembly of Delegates, the County Commissioners, and the state and federal Representatives and Senators, within 30 days. (Majority Vote Required) (Citizens’ Petition) MOTION: I move that the town vote to approve article no. 39 as printed in the warrant. ACTION: ADOPTED. ANY OTHER BUSINESS ARTICLE NO. 40: To act on any other business that may legally come before this meeting. MOTION: I move that the town vote to dissolve the 2006 Annual Town Meeting. ACTION: ADOPTED UNANIMOUSLY. A TRUE COPY ATTEST: Mildred A. Unger Town Clerk