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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