HomeMy Public PortalAbout2009-05-04 Annual Town Mtg Report Page 1 of 16
Report of the
ANNUAL TOWN MEETING
May 4th, 2009
In accordance with the Warrant, the Annual Town Meeting was held in the Stony Brook
Cafetorium on Monday, May 4th, 2009 and reconvened Tuesday May 5th, 2009.
The meeting was called to order at 7:00p.m. by the moderator, Stephen L. Doyle.
The tellers were David Lahive, David Quinn, Sheila Gerhardt, and Joanne Hush. The
checkers were June Gallant, Nancy Berbrick, Elizabeth Hardy, Ann Golini, Joanne Hush,
Colette Williams, John Unger and Maureen Steinnman.
A quorum was present.
The Town Clerk, Mildred A. Unger, read the Special Town Meeting Warrant and the return of
the Warrant. There being no objection, the Moderator dispensed with the reading of the
articles.
CAPE COD VOCATIONAL TECHNICAL SCHOOL OPERATING BUDGET
ARTICLE NO. 1: 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, 2010, as follows:
Expended Appropriated Requested
Item Department FY2008 FY2009 FY2010
1. Cape Cod Tech. Assess.
Total Assessment
or to take any other action relative thereto.
(Majority Vote Required) (Cape Cod Technical School Committee)
MOTION: I move that the town vote to approve article no. 1 as printed in the warrant and to raise
and appropriate the sum of $683,190.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY
ELEMENTARY SCHOOLS OPERATING BUDGET
ARTICLE NO. 2: 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, 2010, as follows:
Expended Appropriated Requested
Item Department _ FY2008 FY2009 FY2010___
1. Elementary School
Budget
Total School Budget
or to take any other action relative thereto.
(Majority Vote Required) (Elementary School Committee)
MOTION: I move that the town vote to approve article no. 2 as printed in the warrant and to raise
and appropriate the sum of $5,749,541.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY
TOWN 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 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, 2010, as follows:
$730,376.00 $680,958.00 $683,190.00
$730,376.00 $680,958.00 $683,190.00
$5,224,532.13 $5,650,113.00 $5,749,541.00
$5,224,532.13 $5,650,113.00 $5,749,541.00
Page 2 of 16
SELECTMEN
EXPENDED APPROPRIATED REQUESTED
item DEPARTMENT FY2008 FY 2009 FY 2010
1 MODERATOR WAGES 300.00 300.00 300.00
2 SELECTMEN'S WAGES 4,365.38 5,250.00 5,250.00
STAFF WAGES 50,350.00 52,584.00 53,723.00
EDUCATIONAL REIMB 900.00 1,900.00 2,200.00
EXPENSES 29,802.07 33,540.00 30,075.00
ADMINISTRATOR WAGES 232,617.89 242,787.00 247,914.00
EXPENSES 9,450.00 8,400.00 9,400.00
LEGAL EXPENSES 75,019.42 112,000.00 102,000.00
TOWN REPORT EXPENSES 6,664.30 7,500.00 6,500.00
3 FINCOM EXPENSES 1,780.53 2,000.00 2,000.00
RESERVE FUND 14,450.00 85,000.00 85,000.00
4 ACCOUNTANT WAGES 130,390.37 136,192.00 137,945.00
AUDIT OF ACCOUNTS 25,500.00 25,500.00 25,500.00
EXPENSES 2,638.51 3,605.00 3,205.00
ASSESSOR WAGES 131,197.35 138,048.00 141,221.00
EXPENSES 3,269.71 18,045.00 4,300.00
TREAS/COLL WAGES 189,506.46 197,558.00 201,177.00
EXPENSES 20,255.17 26,600.00 26,900.00
INFORMATION TECHNOLOGY
WAGES 67,132.19 70,664.00 71,696.00
EXPENSES 44,964.45 52,000.00 55,255.00
DEBT SERVICE 2,789,033.75 3,186,367.00 3,105,349.00
FRINGE BENEFITS 2,143,246.87 2,526,327.00 2,654,328.00
RETIREMENT/PENSION 1,035,649.00 1,093,179.00 1,219,032.00
5 TOWN CLERK'S WAGES 59,495.73 61,740.00 61,885.00
CLERK STAFF WAGES 52,551.48 62,147.00 53,842.00
EXPENSES 19,702.15 22,475.00 17,555.00
6 TOWN HALL MAINT WAGES 78,104.00 82,395.00 81,672.00
EXPENSES 16,942.89 19,548.00 19,500.00
COA BLDG EXPENSES 7,163.76 7,200.00 7,200.00
DRUMMER BOY EXPENSES 334.50 800.00 800.00
7 CONSTABLE 250.00 250.00 250.00
POLICE WAGES 1,633,911.58 1,781,292.00 1,798,631.00
EXPENSES 144,592.53 129,325.00 125,700.00
8 FIRE/RESCUE WAGES 1,275,671.46 1,359,673.00 1,371,125.00
EXPENSES 111,832.12 106,300.00 101,800.00
RESCUE EXPENSES 73,172.20 83,000.00 87,000.00
STATION EXPENSES 28,356.34 32,200.00 32,000.00
9 PLANNING WAGES 33,510.25 113,293.00 128,623.00
PLANNING/APPEALS EXPENSES 1,152.49 7,200.00 3,900.00
10 BLDG INSPECTOR/HDC WAGES 262,909.07 287,363.00 284,732.00
BUILDING/HDC EXPENSES 5,626.47 6,300.00 6,300.00
11 NATURAL RESOURCES AND
CONSERVATION WAGES 144,685.26 178,277.00 180,156.00
EXPENSES 35,255.06 25,600.00 32,350.00
PROPAGATION 6,000.00 6,000.00 6,000.00
12 BOARD OF HEALTH WAGES 148,412.11 156,028.00 157,930.00
VISITING NURSE ASSOC. 16,386.25 18,360.00 18,360.00
EXPENSES 2,863.04 4,500.00 4,400.00
13 DPW WAGES 716,577.45 770,104.00 788,378.00
ROAD MACHINERY 33,075.00 35,800.00 40,800.00
SNOW & ICE CONTROL 117,817.14 85,000.00 110,000.00
EXPENSES 215,849.01 206,148.00 213,914.00
SOLID WASTE DISPOSAL 306,448.85 323,832.00 299,338.00
STREETLIGHTING 9,059.12 9,800.00 9,800.00
Page 3 of 16
14 WATER COMM. WAGES 2,200.00 2,200.00 0.00
WATER STAFF WAGES 605,259.45 649,637.00 653,733.00
OPERATING EXPENSES 290,826.74 399,459.00 427,401.00
EQUIPMENT EXPENSES 11,140.77 11,850.00 11,320.00
15 GOLF DEPT WAGES 1,084,132.03 1,160,831.00 1,160,226.00
EXPENSES 783,490.80 834,531.00 823,421.00
16 RECREATION WAGES 91,600.01 97,151.00 98,207.00
EXPENSES 20,367.41 19,644.00 19,639.00
17 COUNCIL ON AGING WAGES 159,589.73 167,519.00 170,043.00
EXPENSES 11,492.00 11,982.00 11,982.00
18 LADIES LIBRARY 477,398.00 499,544.00 511,900.00
19 ALEWIVE COMM. WAGES 2,420.00 4,500.00 2,500.00
EXPENSES 632.50 900.00 900.00
OLD MILL SITE COMM. 3,712.00 3,500.00 4,000.00
20 UTILITIES 426,384.58 506,283.00 476,283.00
LIABILITY INSURANCE 343,963.88 331,343.00 308,248.00
21 ASSESSMENTS 26,873.60 40,300.00 40,770.00
MEMORIAL/VETERANS DAY 1,500.00 1,500.00 1,500.00
VETERANS SERVICES 17,734.92 14,000.00 20,000.00
GRAND TOTAL 16,926,909.15 18,763,970.00 18,976,284.00
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. 3 as printed in the warrant, however
that line item no. 4 (Fringe Benefits) be amended from the sum of $2,654,328.00 to $2,694,182.00
and in order to appropriate this amended total sum of $19,016,138.00 that the town raise and
appropriate the sum of $17,033,602.00, and transfer the sums of:
$262,473.00 from the Road Betterment fund,
$125,000.00 from the Overlay Surplus account,
$364,565.00 from the Golf Cart Receipts Reserved for Appropriation account,
$130,000.00 from the Pension Reserve account,
$325,955.00 from the Community Preservation fund for open space debt payments,
$60,000.00 from the Tele-communications account,
$220,585.00 from the Water Revenues account,
$343,958.00 from the Ambulance Receipts Reserved for Appropriation account, and
$150,000.00 from the Stabilization Fund
for this purpose.
ACTION: ADOPTED
NAUSET REGIONAL SCHOOLS OPERATING BUDGET
ARTICLE NO. 4: To see if the Town will vote to raise and appropriate and/or transfer from
available funds a sum of money to defray the Nauset Regional School’s charges and expenses for the Fiscal
Year ending June 30, 2010, as follows:
Expended Appropriated Requested
Item Department FY2008 FY2009 FY2010__
1. School Assessment
2. Capital Plan Assess.
Grand Total
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. 4 as printed in the warrant and to raise
and appropriate the total sum of $8,972,642.00 for this purpose.
ACTION: ADOPTED
$8,112,720.00 $8,464,084.00 $8,745,345.00
$108,184.66 $224,558.00 $227,297.00
$8,220,904.66 $8,688,642.00 $8,972,642.00
Page 4 of 16
ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS
ARTICLE NO. 5: To see if the Town will vote to accept the provisions of Massachusetts
General Laws, Chapter 71, Section 16B, which would allocate the sum of the member towns’ contributions to
the Nauset Regional School District in Fiscal Year 2011 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. 5 as printed in the warrant.
AMENDED MOTION: I move that the town vote to indefinitely postpone consideration of article
no. 5 until the November 2009 Fall Yearly Town Meeting.
ACTION ON THE AMENDED MOTION: DEFEATED
ACTION ON THE MAIN MOTION: ADOPTED
HUMAN SERVICES FUNDING
ARTICLE NO. 7: To see if the Town will vote to raise and appropriate and/or transfer from
available funds the sum of SIXTY-FIVE THOUSAND FIVE AND 00/100 ($65,005.00) DOLLARS for the
following organizations and in the following respective amounts:
1. Cape Cod Child Development Program, Inc. $5,020.00
2. Consumers Assistance Council, Inc. $500.00
3. Gosnold $9,000.00
4. Independence House, Inc. $4,200.00
5. Interfaith Council for the Homeless of Lower Cape Cod $6,160.00
6. South Coastal Counties Legal Services, Inc. $4,300.00
7. Lower Cape Outreach Council, Inc. $7,500.00
8. capeAbilities (formerly Nauset, Inc.) $6,425.00
9. Sight Loss Services, Inc. of Cape Cod & Islands $900.00
10. Elder Services of Cape Cod “Meals on Wheels” $7,500.00
11. Aids Support Group of Cape Cod $2,500.00
12. Big Brothers/Big Sisters of Cape Cod & Islands $3,000.00
13. Together We Can Prevention Council, Inc. $5,000.00
14. Cape Cod Children’s Place $3,000.00
GRAND TOTAL $65,005.00
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. 7 as printed in the warrant and to
transfer the sum of $65,005.00 from Free Cash for these purposes.
ACTION: ADOPTED UNANIMOUSLY
BAYSIDE SKIPPERS / 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 FOUR THOUSAND FIVE HUNDRED AND 00/100 ($4,500.00) DOLLARS to
pay for public performances 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. 10 as printed in the warrant and to
transfer the sum of $4,500.00 from Free Cash for this purpose.
ACTION: ADOPTED
CROSBY MANSION REVOLVING FUND
ARTICLE NO. 11: To see if the Town will vote to reauthorize the Crosby Mansion Revolving
fund for the 2010 fiscal year, to credit the fund with the fees and charges received from the Crosby Mansion
Page 5 of 16
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. 11 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
PROPERTY VALUATION SERVICES
ARTICLE NO. 12: To see if the Town will vote to raise and appropriate and/or transfer from
available funds the sum of SIXTY THOUSAND FIVE HUNDRED AND 00/100 ($60,500.00) 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. 12 as printed in the warrant and to
transfer the sum of $60,500.00 from the Overlay Surplus account for this purpose.
ACTION: ADOPTED
BREWSTER FAMILY HOUSING / Property Restriction Amendment
ARTICLE NO. 23: To see if the Town will vote to amend the vote under Article No. 38 of the
November 21, 1994 Fall Town Meeting, which prohibited the building of anything but senior or congregate
housing on parcels no. 45 of map no. 24 of the Board of Assessors Maps, in order to allow the construction of
mixed income housing for family and workforce housing, 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 162 – YES 100 - NO
DEMAND CHARGES FOR DELINQUENT TAXES
ARTICLE NO. 27: To see if the Town will vote to charge for each written demand issued by the
Collector after June 30, 2009 a fee of $10.00 to be added to and collected as part of the tax, as authorized by
Massachusetts General Laws Chapter 60, Section 15 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. 27 as printed in the warrant.
ACTION: ADOPTED
ZONING BYLAW AMENDMENT / Home Occupation
ARTICLE NO. 29: To see if the Town of Brewster will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article I, General Provisions, Section 179-2,
Definitions, Subparagraph B by making the following changes to the definition of Home Occupation shown in
strikethrough for deletion and bold for addition:
HOME OCCUPATION — An accessory use which, by custom, has been to be carried on entirely within a
dwelling unit principal building, and/or accessory building(s), incidental and subordinate thereto, carried
on by the occupants residents of the dwelling unit principal building with a limited number of no more
than two nonresident employees, and not in any manner changing the primary residential character of the
building property.
So that it reads:
§ 179-2
HOME OCCUPATION — An accessory use to be carried on entirely within a principal building, and/or accessory
building(s), by the residents of the principal building with no more than two nonresident employees, and not in
any manner changing the primary residential character of the property.
Page 6 of 16
And further to amend the Code of the Town of Brewster, Chapter 179, also known as the Zoning Bylaws, Article
IX Special Regulations, Section 179-37 Home occupations by making the following changes to the Home
Occupation regulations shown in strikethrough for deletion and bold for addition:
§ 179-37. Home occupations.
E A. The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential
character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise,
electrical disturbance or in any other way.
F B. Any such building shall include no feature of design not customary in buildings for residential use.
A C. No more than four two nonresidents shall be employed therein.
B D. The use is carried on strictly within the principal building on the premises and/or the accessory
building(s).
C E. Not more than 40% of the existing net floor area of the principal building not to exceed 400 square feet is
devoted to such use. The area used for the home occupation shall not exceed 40% of the
existing floor area of the principal building and/or the accessory building(s) or 499 square
feet, whichever is less.
D. (Reserved)1
G F. Items produced elsewhere shall not be brought to the premises for purposes of sale.
H G. Such uses as clinics, barbershops, bakeries, gift or antique shops, beauty parlors, tearooms, tourist
homes, animal hospitals, kennels and others of a similar nature shall not be considered to be home
occupations.
1. Editor's Note: Former Subsection D, which provided for the use of a sign, was repealed 5-14-
1990 ATM, Art. 47.
so that it reads:
§ 179-37. Home occupations.
A. The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential
character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise,
electrical disturbance or in any other way.
B. Any such building shall include no feature of design not customary in buildings for residential use.
C. No more than two nonresidents shall be employed therein.
D. The use is carried on strictly within the principal building on the premises and/or the accessory
building(s).
E. The area used for the home occupation shall not exceed 40% of the existing floor area of the principal
building and/or the accessory building(s) or 499 square feet, whichever is less.
F. Items produced elsewhere shall not be brought to the premises for purposes of sale.
G. Such uses as clinics, barbershops, bakeries, gift or antique shops, beauty parlors, tearooms, tourist
homes, animal hospitals, kennels and others of a similar nature shall not be considered to be home
occupations.
or take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article 29 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
TRANSFER CUSTODY / Town Owned Property
ARTICLE NO. 31: To see if the Town will vote to transfer to the Conservation Commission for
conservation and passive recreation purposes the care, custody, control and management of the following
parcels currently held for general municipal purposes:
Assessors’ Information: Acres: Location:
a) Map No. 34, Parcel No. 59 3.6 Off Gulls Way
b) Map No. 50, Parcel No. 38 2.9 Squantum Road
c) Map No. 44, Parcel No. 10 0.75 Mid Cape Highway
d) Map no. 21, Parcel No. 83 1.0 Off Route 6A in West Brewster
Page 7 of 16
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
LAND ACQUISITION / Community Preservation Act
ARTICLE NO. 32: To see if the Town will vote to authorize the Board of Selectmen to acquire
two parcels of land designated on Brewster Assessors’ Map 21 as Parcels 10 and 11, located at 341 Main
Street in Brewster, Barnstable County, Massachusetts, consisting of three and eighty-four/100 (3.84 ac.)
acres, more or less, and more accurately described in deeds recorded in the Barnstable County Registry of
Deeds in Deed Book 740, Page 535, and Deed Book 1003 Page 454, and under the will of Victor Bjorngren,
Barnstable County Probate #97P-1261, and on a plan of land entitled, “Plan of Division of Land in Brewster,
MA. as prepared for Addison H. Pratt, Jr., Scale: 1” = 40 ft. Sept. 12, 2005, Soule Land Surveying, 103 Vesper
Pond Drive, Brewster MA 02631” recorded in Plan Book 603 Page 16 in the Barnstable County Registry of
Deeds, a copy of which is on file with the Brewster Town Clerk; to acquire said parcel by gift, purchase and/or
eminent domain taking under Massachusetts General Laws, Chapter 79, or any other enabling authority; to
acquire said land for open space, watershed protection, conservation and passive recreation purposes for the
general public, consistent with the provisions of Mass. Gen. Laws, Ch. 40, §8C, 310 C.M.R. 22.00, and Article
97 of the Amendments to the Constitution of the Commonwealth of Massachusetts; to appropriate the sum of
Six Hundred Eighty Thousand and 00/100 ($680,000.00) Dollars to pay costs of this acquisition, and all other
costs incidental and related thereto; to authorize the Town Treasurer, with the approval of the Board of
Selectmen, to borrow up to the sum of Six Hundred Eighty Thousand AND 00/100 Dollars ($680,000.00)
pursuant to the provisions of Massachusetts General Laws, Chapter 44, Section 7(3) and Section 8C, and/or
any other enabling authority, and to issue bonds and/or notes of the Town therefor; to authorize the Town
Treasurer to transfer from available sums the sum of Five Thousand ($5,000.00) Dollars for the purpose of
paying incidental and related costs, including costs for grant funding applications and grant compliance, and
the preparation, issuance and marketing of notes and bonds issued hereunder and for paying interest on
temporary notes issued in anticipation thereof; to authorize the Board of Selectmen and the Conservation
Commission to apply for, accept and expend any funds which may be provided by the Commonwealth or
other public or private sources to defray a portion or all of the costs of acquiring this property, including but
not limited to funding under the Self-Help Act, General Laws, Chapter 132A, Section 11 (now, so-called LAND
grants), and/or the Federal Land & Water Conservation Fund, P.L. 88-568, 78 Stat 897, provided that the
amount of notes or bonds issued hereunder shall be reduced by the amount of any such grants received or
funds accepted prior to the sale of such notes or bonds; and provided that the Selectmen shall have certified
that the anticipated net cost to the Town of this land purchase shall not exceed One Hundred Thousand
Dollars ($100,000.00), not including expenses related thereto, after all non-municipal funds have been
received or contractually obligated; and further provided that any such sums from non-municipal sources shall
be deposited in the open space account of the Community Preservation Fund; to authorize the Board of
Selectmen to grant to the Trustees of the Brewster Conservation Trust, for consideration of not less than Two
Hundred Thousand ($200,000.00) Dollars, a perpetual Conservation Restriction on said premises pursuant to
the provisions of General Laws, Chapter 184, Sections 31 through 33, allowing the aforementioned uses at the
time of closing or within a reasonable amount of time thereafter; and, to authorize the Conservation
Commission to assume the care, custody, control and management of the property; and to authorize the
Board of Selectmen and Conservation Commission to enter into all agreements and execute any and all
instruments as may be necessary on behalf of the municipality to effect this purchase and obtain
reimbursement funding; or to take any other action relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
MOTION: I move that the Board of Selectmen is hereby authorized to acquire two parcels of
land designated on Brewster Assessors’ Map 21 as Parcels 10 and 11, located at 341 Main Street
in Brewster, Barnstable County, Massachusetts, consisting of three and eighty-four/100 (3.84
ac.) acres, more or less, and more accurately described in deeds recorded in the Barnstable
County Registry of Deeds in Deed Book 740, Page 535, and Deed Book 1003 Page 454, and under
the will of Victor Bjorngren, Barnstable County Probate #97P-1261, and on a plan of land
entitled, “Plan of Division of Land in Brewster, MA. as prepared for Addison H. Pratt, Jr., Scale: 1”
= 40 ft. Sept. 12, 2005, Soule Land Surveying, 103 Vesper Pond Drive, Brewster MA 02631”
recorded in Plan Book 603 Page 16 in the Barnstable County Registry of Deeds, a copy of which
is on file with the Brewster Town Clerk; which acquisition shall be by gift, purchase and/or
eminent domain taking under Massachusetts General Laws, Chapter 79, or any other enabling
authority; such land shall be acquired for open space, watershed protection, conservation and
passive recreation purposes for the general public, consistent with the provisions of Mass. Gen.
Laws, Ch. 40, §8C, 310 C.M.R. 22.00, and Article 97 of the Amendments to the Constitution of
the Commonwealth of Massachusetts; to appropriate the sum of Six Hundred Eighty Thousand
and 00/100 Dollars ($680,000.00) to pay costs of this acquisition, and all other costs incidental
and related thereto; that the Town Treasurer, with the approval of the Board of Selectmen, is
authorized to borrow up to the sum of Six Hundred Eighty Thousand and 00/100 Dollars
($680,000.00) pursuant to the provisions of Massachusetts General Laws, Chapter 44, Section
7(3) and Section 8C, and/or any other enabling authority, and to issue bonds and/or notes of the
Page 8 of 16
Town therefor; that the Town Treasurer is authorized to transfer from the fund balance reserved
for open space the sum of Five Thousand and 00/100 ($5,000.00) Dollars for the purpose of
paying incidental and related costs, including costs for grant funding applications and grant
compliance, and the preparation, issuance and marketing of notes and bonds issued hereunder
and for paying interest on temporary notes issued in anticipation thereof; that the Board of
Selectmen and the Conservation Commission are authorized to apply for, accept and expend any
funds which may be provided by the Commonwealth or other public or private sources to defray
a portion or all of the costs of acquiring this property, including but not limited to funding under
the Self-Help Act, General Laws, Chapter 132A, Section 11 (now, so-called LAND grants), and/or
the Federal Land & Water Conservation Fund, P.L. 88-568, 78 Stat 897, provided that the
amount of notes or bonds issued hereunder shall be reduced by the amount of any such grants
received or funds accepted prior to the sale of such notes or bonds; and provided that the
Selectmen shall have certified that the anticipated net cost to the Town of this land purchase
shall not exceed One Hundred Thousand Dollars ($100,000.00), not including expenses related
thereto, after all non-municipal funds have been received or contractually obligated; and further
provided that any such sums from non-municipal sources shall be deposited in the open space
account of the Community Preservation Fund; that the Board of Selectmen is authorized to grant
to the Trustees of the Brewster Conservation Trust, for consideration of not less than Two
Hundred Thousand ($200,000.00) Dollars, a perpetual Conservation Restriction on said premises
pursuant to the provisions of General Laws, Chapter 184, Sections 31 through 33, allowing the
aforementioned uses at the time of closing or within a reasonable amount of time thereafter;
and, that the Conservation Commission is authorized to assume the care, custody, control and
management of the property; and that the Board of Selectmen and Conservation Commission are
each authorized to enter into all agreements and execute any and all instruments as may be
necessary on behalf of the municipality to effect this purchase and obtain reimbursement
funding.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE
HAZARDOUS WASTE COLLECTION PROGRAM
ARTICLE NO. 34: To see if the Town will vote to transfer from the Water Revenue account the
sum of EIGHT THOUSAND AND 00/100 ($8,000.00) DOLLARS to finance costs associated with the
hazardous waste collection day program and to authorize the Town Administrator to solicit bids and/or
proposals, enter into a contract or contracts and expend said funds for this purpose, or to take any other
action relative thereto.
(Majority Vote Required) (Board of Health & Water Commission)
MOTION: I move that the town vote to approve article no. 34 as printed in the warrant and to
transfer the sum of $8,000.00 from Water Revenues for this purpose.
ACTION: ADOPTED UNANIMOUSLY
LEASE OF TOWN-OWNED PROPERTIES
ARTICLE NO. 35: To see if the Town will vote to authorize the Board of Selectmen and/or the
Water Commissioners to lease town-owned property to the Cape & Vineyard Electric Cooperative, Inc., 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. 35 as printed in the warrant.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE
**Town meeting was adjourned at 10:40p.m. and will reconvene Tuesday May 5th, 2009 at
the Stony Brook Cafetorium.
May 5th 2009
Annual Town Meeting
Reconvened from May 4th 2009
With a quorum being present the Moderator Stephen L. Doyle called the meeting to order at
7:40p.m.
COMMUNITY PRESERVATION ACT FUNDING
ARTICLE NO. 6: To see if the Town will vote to act upon the recommendations of the Community
Preservation Committee; to appropriate from FY2010 revenues and/or from previously reserved funds or to set
aside for future use the amounts shown below; to authorize the Town Administrator to enter into contracts for
Page 9 of 16
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. Friends of Crosby Mansion / Town of Brewster:
Crosby Mansion Porch Repair Project $125,000.00
($74,348.00 from estimated revenue; $50,652 .00 from reserves)
b. Brewster Cemetery Commission:
Breakwater Cemetery Gravestone Repair Project $5,000.00
($5,000.00 from estimated revenue)
c. Reserve Funds. To hold in reserve for the purpose of Historic Preservation the sum of $5,053.00
Dollars from the Fund’s Fiscal Year 2010 revenues for future expenditure;
2. Community Housing:
a. Reserve Funds. To hold in reserve for the purpose of Community Housing the sum of $84,401.00
Dollars from the Fund’s Fiscal Year 2010 revenues for future expenditure;
3. Open Space:
a. Reserve Funds. To hold in reserve for the purpose of acquiring Open Space the sum of
$96,052.00 Dollars from the Fund’s Fiscal Year 2010 revenues for future expenditure;
4. Reserve Funds:
a. Brewster Recreation Commission:
Tennis Court Construction Project $250,000.00
($250,000.00 from estimated revenue)
b. 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 $3,204.00 Dollars from the Fund’s Fiscal Year 2010 revenues for future
expenditure;
5. Administration and Operating Expenses:
a. Administration and Operating Expenses. To appropriate the sum of $44,422.00 Dollars from the
Fund’s Fiscal Year 2010 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 $613,132.00
or to take any other action relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
MOTION: I move that the town vote to approve article no. 6 as printed in the warrant, however
that item no. 5 (Administrative and Operating Expense) be amended from the sum of $44,422.00
to $25,037.00 and to appropriate the amended total sum of $593,747.00 from the Community
Preservation Fund for these purposes.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE
LOCAL BUSINESS ORGANIZATION FUNDING
ARTICLE NO. 8: To see if the Town will vote to raise and appropriate, and/or transfer from
available funds, the sum of TWENTY-FOUR THOUSAND FIVE HUNDRED AND 00/100 ($24,500.00)
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) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 8 as printed in the warrant and to
transfer the sum of $24,500.00 from Free Cash for this purpose.
ACTION: ADOPTED
Page 10 of 16
BREWSTER TOWN BAND / FUNDING REQUEST
ARTICLE NO. 9: 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 and to
raise and appropriate and/or transfer from available funds the sum of TWO THOUSAND AND 00/100
($2,000.00) 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. 9 as printed in the warrant and to
transfer the sum of $2,000.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
CAPITAL AND SPECIAL PROJECT EXPENDITURES
ARTICLE NO. 13: 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 2010 and to authorize the Town Administrator to
sell, trade, lease, exchange or otherwise dispose of, in the best interests of the town, old equipment or
vehicles deemed available, the proceeds from any such disposition to be applied toward the cost of acquiring
said equipment or services as the case may be:
Transfer
from
Item Department: Available Funds:
1. Board of Selectmen:
a. Tennis Courts Construction Project $350,000.00
b. Fish Passage Repair at Lower Mill Pond $15,000.00
2. Fire Department:
a. Rescue Services Billing Expense $10,000.00
b. Rescue Equipment $7,500.00
c. Dispatch Services Expense $30,000.00
d. Hazardous Materials Expense $2,500.00
e. Garage Repair Project $8,000.00
f. EMS Computers Hardware & Software Expense $50,000.00
3. Department of Public Works:
a. Road Signs for Private Roads $5,000.00
b. Cemetery Improvement Project $8,500.00
4. Golf Department:
a. Fiber-optics Improvement Project $3,000.00
b. Golf Course Renovation Project $215,000.00
5. Police Department:
a. Patrol Vehicles Replacement (3 vehicles) $73,000.00
6. Elementary School Department:
a. Eddy School Water Heater Replacement $55,850.00
7. Water Department:
a. Pickup Truck Replacement $22,000.00
b. Construction Account $50,000.00
c. Pump Electric Motor Replacement $30,000.00
____________
Grand-total $935,350.00
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. 13 as printed in the warrant, but that
the following items be amended:
7a. Water Department Pick-up Truck Replacement be amended from the sum of $22,000.00
to $20,000.00,
7c. Water Department Pump Electric Motor Replacement be deleted,
Page 11 of 16
and to appropriate the total amended sum of $903,350.00 for these purposes, and in order to
appropriate this sum that the town transfer the sums of:
$218,000.00 from the Golf Cart Receipts Reserved for Appropriation account,
$256,850.00 from Free Cash,
$250,000.00 from the Stabilization Fund,
$8,500.00 from the Sale of Cemetery Lots account,
$100,000.00 from the Ambulance Receipts Reserved for Appropriation account , and
$70,000.00 from the Water Revenue account,
but that the sum of $100,000.00, that is being transferred from Free Cash for item no. 1a (Tennis
Courts Construction Project) is conditional upon the town receiving gifts and/or grants receipts
for this project.
AMENDED MOTION: By deleting Item 1a Board of Selectmen:
Tennis Court Construction Project in the amount of $350,000.00 and further to
amend the grand total to read $585,350.00
ACTION ON AMENDED MOTION: DEFEATED
ACTION ON THE MAIN MOTION: ADOPTED
TOWN CODE AMENDMENT / Town Clerk’s Position
ARTICLE NO. 14: To see if the town will vote, in accordance with Chapter 41, section 1B of the
General Laws, to convert the position of Town Clerk’s from an elected to an appointed position, said
appointment to be made by the Board of Selectmen, 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.
ACTION: ADOPTED
PROVINCETOWN CENTER FOR COASTAL STUDIES / Funding Request
ARTICLE NO. 15: To see if the Town will vote to authorize the Board of Selectmen to enter into
a contract with the Provincetown Center for Coastal Studies in order to continue the Cape Cod Bay Monitoring
Program for the town and to raise and appropriate and/or transfer from available funds the sum of TEN
THOUSAND SEVEN HUNDRED AND 00/100 ($10,700.00) 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. 15 as printed in the warrant and to
transfer the sum of $10,700.00 from Free Cash for this purpose.
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, 2009, 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 $37,000.00 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, 2009, 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)
Page 12 of 16
MOTION: I move that the town vote to approve article no. 17 as printed in the warrant and to
raise and appropriate the sum of $15,000.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY
OPEIU 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, 2009, 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 approve article no. 18 as printed in the warrant and to
raise and appropriate the sum of $16,100.00 for this purpose.
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, 2009, 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 $23,700.00 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, 2009, 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 $29,000.00 for this purpose.
ACTION: ADOPTED
PUBLIC CONSUMPTION OF MARIHUANA OR TETRAHYDROCANNABINOL
ARTICLE NO. 21: To see if the Town will vote to amend the Code of the Town of Brewster by
repealing in Chapter 60 Alcoholic Beverages both Section 60-1 Consumption on highways prohibited and Section
60-2 Violations and penalties and by adding as the new Section 60-1 the following:
60-1A. Use of Alcoholic Beverages, Marihuana or Tetrahydrocannabinol. No person shall consume an
alcoholic beverage as defined by General Laws Chapter 138, Section 1, as amended, or possess an opened
container of such beverage, or consume marihuana or tetrahydrocannabinol as defined by General Laws
Chapter 94C, Section 1 within the limits of any park, beach, playground, public building or any public land
(but not including a public way) owned or under the control of the Town of Brewster nor shall any person,
including any person in a motor vehicle while it is in, on or upon any public way or any way to which the
public has a tight of access as aforesaid, consume an alcoholic beverage, as defined in said Section 1, or
consume marihuana or tetrahydrocannabinol on any public way or way to which the public has a right of
access as invitees or licensees, including any person in a motor vehicle while it is in, on, or upon any public
way or any way to which the public has a right of access as aforesaid, within the limits of the Town of
Brewster; and no person shall consume any alcoholic beverages, or consume marihuana or
tetrahydrocannabinol as previously defined, in, on, or upon any private land or place without the consent of
the owner or person in control of such private land or place. All alcoholic beverages, marihuana or
tetrahydrocannabinol being used in violation of this section may be seized and held until final adjudication of
the charge against any such person or persons has been made by the court. This by-law does not apply to
prescribed medicines or to unaltered and unadulterated non-prescription medications. Whoever violates the
provisions of this section shall be punished by a fine of two hundred ($200.00) dollars for such offense.
Page 13 of 16
60-1B. A police officer taking cognizance of a violation of 60-1A, may request the offender to state his or her
true name and address. An offender who refuses to state his or her true name and address or who provides
a false name and address shall be punishable by a fine of $300.
or to take any other action relative thereto.
(Majority Vote Required) (Police Chief)
MOTION: I move that the town vote to approve article no. 21 as printed in the warrant.
ACTION: DEFEATED 87 - YES 120 - NO
RELEASE OF ROAD EASEMENT / Great Fields Road Layout
ARTICLE NO. 22: To see if the Town will vote to authorize the Board of Selectmen to convey to
the owners of lots no. 43, 43-1, 51, 51-1, 52 and 52-1 of map no. 23, for no consideration, any interest that the
Town may have in a forty (40’) foot easement for the roadway layout for a portion of Great Fields Road and to
see it the Town will vote to discontinue as a town way the Great Fields Road section as shown on a plan
available for public inspection in the Selectmen’s office, 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. 22 as printed in the warrant.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE
CELL TOWER LEASE EXTENSION
ARTICLE NO. 24: To see if the Town will vote to authorize the Town Administrator to lease or
extend the existing lease on the communication tower located at the Brewster Fire Station, located at 1657 Main
Street, 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. 24 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
REMOVAL OF SUBDIVISION RESTRICTION
ARTICLE NO. 25: To see if the Town will vote to approve the release of the Town’s interest in a
voluntary restriction limiting subdivision of the land at 124 Pond Street, Brewster, Assessor's Map 39, Parcel 9-
2, signed by George R. Ryan, III and Jeanne M. Ryan and recorded with Barnstable Deeds Book 5711, Page
081, and to authorize and direct the Board of Selectmen to execute and deliver a release of said restriction, 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. 25 as printed in the warrant.
AMENDED MOTION: I move that the town vote to indefinitely postpone consideration of article
no. 25
ACTION ON AMENDED MOTION: DEFEATED 102 - YES 104 - NO
ACTION ON MAIN MOTION: ADOPTED
TOWN CODE AMENDMENT / Emergency Access Bylaw
ARTICLE NO. 26: To see if the Town will vote to amend the Code of the Town of Brewster,
Massachusetts by adding the following general by-law as Chapter 157, Article IX, Sections 157-21 through 157-
25:
Emergency Access By-law
Section 157-21. Purpose.
This by-law provides for the protection of the general public by insuring safe and adequate access
for oversized vehicles providing emergency medical, law enforcement and/or fire protection services
over ways within the town.
Section 157 -22.
Page 14 of 16
This bylaw does not apply to state or federal highways.
Section 157-23. Minimum clearance standards for all ways.
The traveled portion of all public and private ways in existence at the time of the adoption of this
bylaw shall be kept cleared from all brush and/or overhanging tree branches to provide a minimum,
unobstructed clearance of fourteen (14) feet wide and fourteen (14) feet high. Any public or private
way laid out after the effective date of this bylaw shall be kept cleared from all brush, tree stumps,
overhanging trees branches, rocks and embankments in order to provide a minimum, unobstructed
clearance fourteen (14) feet wide and fourteen (14) feet high.
Section 157-24. Failure to maintain clearance.
In the event a private way is not kept cleared as required by Section 157-23, the Superintendent
of Public Works shall notify the owners of lots abutting the insufficiently cleared section of the way
and shall direct them to clear the way within thirty (30) days. If the way is not adequately cleared
within those thirty (30) days and if the Chief of the Police Department or the Chief of the Fire
Department so requests in writing, the Superintendent may enter the way and perform the trimming
necessary to bring the way into compliance with the clearance standards of Section 157-23. The
Town’s costs for the clearing undertaken under this section or the next section shall be borne by the
owners of the abutting land. Charges remaining unpaid may be recovered through a betterment
assessment.
Section 157-25. Shade trees and scenic roads.
In the event that compliance with the Superintendent’s notice would involve the cutting,
trimming, or removal of public shade trees or the cutting, trimming, or removal of trees along a
designated scenic road, the owners shall comply, instead, by requesting within those thirty (30) days
appropriate authorization from the tree warden in the case of public shade trees or from the Planning
Board in the case of a designated scenic road. If such permission is not sought within thirty (30)
days, the Superintendent, if requested in writing by the Police Chief or the Fire Chief, may seek this
permission, and if it is granted, the Superintendent may enter the way and perform the trimming
necessary to bring the way into compliance with the standards of Section157-23.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to indefinitely postpone article no. 26.
ACTION: INDEFINITELY POSTPONED
ZONING BYLAW / All Terrain Vehicles (ATVs)
ARTICLE NO. 28: To see if the Town will vote to prohibit the operation of All Terrain Vehicles
ATVs) within the Town’s residentially zoned districts and to restrict their use elsewhere in Town via Special
Permit, and to amend Article IV. “Use Regulations”, Section 179-11, Table of Use Regulations, of the Zoning
Code of the Town of Brewster to include the following new wording under Sub-Section B, as a new subsection
entitled “Recreational Uses – 1. Operation of all terrain vehicles (ATVs)”, as follows:
Recreational Uses R-R R-L R-M C-H V-B I MRD CT WET
1. Operation of All
Terrain Vehicles (ATVs) - - - S S S S S S
or to take any other action relative thereto.
(Two-thirds Vote Required) (Citizens Petition)
MOTION: I move that the town vote to indefinitely postpone consideration of article no. 28.
ACTION: INDEFINITELY POSTPONED
ZONING BYLAW AMENDMENT
ARTICLE NO. 30: To see if the Town of Brewster will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article IX, Special Regulations, Section 179-39 Sand
and Gravel Operations by:
Deleting the letter “Q” at the end of the sentence in Section 179-39.2 (Procedures; application information),
subsection B, paragraph (3), subparagraph (e), (Procedures; Application Information) and adding the letter
“O,”
And further in Section 179-39.4 (Conditions and Restrictions), subsection N, delete the words “ab initio” at the
end of the last sentence, and substitute “from the date of transfer or change in contractual interest” so that
the last sentence reads: “Failure to do so will render the special permit null and void from the date of transfer
or change in contractual interest.”
Page 15 of 16
or take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 30 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
PRIVATE ROAD BETTERMENT PROJECT
Standish Heights Subdivision
ARTICLE NO. 33: To see if the Town will vote to authorize the Board of Selectmen to undertake
a series of temporary road repairs to the following roads:
Sturbridge Way, Essex Way, Stafford Terrace and Old Salem 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 FIVE THOUSAND AND 00/100 ($105,000.00) 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 FIVE THOUSAND AND 00/100 ($5,000.00) DOLLARS, to be recovered with all road repair costs
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 Board of Selectmen is hereby authorized to undertake a series of
temporary road repairs to the following roads:
Standish Heights
and furthermore, that the Board of Selectmen is hereby authorized 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; and that sum of ONE
HUNDRED TEN THOUSAND AND 00/00 DOLLARS ($110,000.00) be and hereby is appropriated
to pay for the costs of engineering, construction, reconstruction, and related expenses in
connection therewith; and that to meet this appropriation, the Town Treasurer, with the
approval of the Board of Selectmen, is authorized to borrow the sum of ONE HUNDRED FIVE AND
00/100 ($105,000.00) DOLLARS, 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 transfer from the fund balance reserved for road betterment account
the sum of FIVE THOUSAND AND 00/100 ($5,000.00) DOLLARS, to be recovered with all road
repair costs through the betterment assessments against the abutters, to pay the first year’s
principal and interest expenses for this project.
ACTION: ADOPTED UNANIMOUSLY
SPECIAL LEGISLATION AMENDMENT / Water Commission
ARTICLE NO. 36: To see if the Town will vote in the following manner:
A. to approve appointing, instead of electing, the members of the Board of Water Commissioners;
B. to petition the General Court to enact special legislation as follows:
SECTION 1. Notwithstanding the general provisions of the acts of 1938, chapter 172, sections 3 and 4 and
the special provisions of the acts of 1965, chapter 552, section 8 or any other act, the board of selectmen
of the town of Brewster shall, after the effective date of this act, appoint the members of the town's board
of water commissioners as the membership terms of the commissioners expire, and the board of water
commissioners shall thereafter be an appointed board.
SECTION 2. This act shall take effect upon its passage. And to state that the legislature may vary the form
of the requested legislation to achieve its objective;
C. to amend the Code of the Town of Brewster, Massachusetts, Chapter 5 Administration, Article I Form of
Government, Section 5-3. Chief executive function: Board of Selectmen, Subsection C. Appointment powers,
by adding after "a Personnel Committee," the words "a Board of Water Commissioners";
Page 16 of 16
D. to amend, in the same Code, Chapter, and Article, Section 5-4 Elected town
officers by repealing Subsection "I. Water Commission of three members;" and by relettering Subsections J
and K as I and J, or if both Article 14 and the corresponding ballot question are passed, as H and I;
E. to revise in the Code after Chapter 5 the "Organizational Chart, Town of Brewster, MA" to show the "Water
Commission" as a board appointed by the Board of Selectmen instead of being a board elected by the
voters;
F. to make the amendments in C, D, and E of this Warrant Article contingent upon the passage of the petitioned
legislation; or
or to take any other action relative thereto.
(Majority Vote Required) (Water Commission & Board of Selectmen)
MOTION: I move that the town vote to approve article no. 36 as printed in the warrant.
ACTION: ADOPTED
REPAIR AND RESURFACE TOWN ROADS / Chapter 90 Funds
ARTICLE NO. 37: To see if the Town will vote to transfer from available funds the sum of TWO
HUNDRED FORTY FIVE THOUSAND ONE HUNDRED SIXTY FOUR AND ($245,164.00) DOLLARS, as
provided under Chapter 90 of the Massachusetts General Laws, for local roads and highways, and to authorize
the expenditure of these funds under the direction of the Board of Selectmen, 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. 37 as printed in the warrant and to
transfer the sum of $245,164.00 from available funds for this purpose.
ACTION: ADOPTED
ANY OTHER BUSINESS
ARTICLE NO. 38: To act on any other business that may legally come before this meeting.
(Board of Selectmen)
MOTION: I move that the town vote to dissolve the 2009 Annual Town Meeting.
ACTION: ADOPTED UNANIMOUSLY
The Annual Town Meeting of May 2009 was dissolved at 10p.m.
A True Copy Attest:
Mildred A. Unger
Town Clerk