HomeMy Public PortalAbout2005-05-02-Annual Town Mtg Report
Report of the
ANNUAL TOWN MEETING
ND
May 2, 2005
In accordance with the Warrant, the Annual Town Meeting was held in the Stony Brook
ndrd
Elementary School, Monday, May 2, 2005 and reconvened, Tuesday, May 3, 2005.
The meeting was called to order at 7:00p.m. by the Moderator, Stephen L. Doyle. The Tellers
were, June Gallant, Ken Berbrick, Ruth Hanlon, Phiip Kerrivan, Sheila Gerhardt, and Jean Gage.
The Checkers were, Mary Ducharme, John Unger, Ann Golini, Nancy Berbrick, Elizabeth Hardy,
John Nixon, Jane Nixon, Gennaro Tursi and Janet Norton.
A quorum was present.
The Town Clerk, Mildred A. Unger, read the Annual Town Meeting Warrant and the return of
the Warrant. There being no objection, the Moderator dispensed with the reading of all the
articles.
ANNUAL REPORT
ARTICLE NO. 1: To act upon the Annual Town Report of the Board of Selectmen,
Town Officers and other Special Committees, or to take any other action relative thereto.
Majority Vote Required) (Board of Selectmen)
(
MOTION: I move that the town vote to approve article no. 1 as printed in the
.
warrant
ACTION: ADOPTED
HERRING/ALEWIFE FISHERIES
ARTICLE NO. 2: To see if the Town will vote to take no action regarding its herring
or alewife fishery, or to take any other action relative thereto.
(Majority Vote Required) (Alewife Committee
)
MOTION: I move that the town vote to approve article no. 2 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
CAPE COD VOCATIONAL TECHNICAL SCHOOL OPERATING BUDGET
ARTICLE NO. 3: To see if the Town will vote to raise and appropriate and/or
transfer from available funds a sum of money to defray Cape Cod Vocational Technical High
School charges and expenses for the Fiscal Year ending June 30, 2006, as follows:
EXPENDED APPROPRIATED REQUESTED
ITEM DEPARTMENT FY2004 FY2005 FY2006
1. CAPE COD TECH. ASSESSMENT $766,482.00 $769,359.00 $744,668.00
TOTAL ASSESSMENT $766,482.00 $769,359.00 $744,668.00
or to take any other action relative thereto.
(Majority Vote Required) (Cape Cod Vocational Technical School Committee)
MOTION: I move that the town vote to approve article no. 3 as printed in the
warrant and to raise and appropriate the sum of $744,668.00 for this purpose.
ACTION: ADOPTED
ELEMENTARY SCHOOLS OPERATING BUDGETS
ARTICLE NO. 4: To see if the Town will vote to raise and appropriate and/or
transfer from available funds a sum of money to defray the Elementary Schools’ charges and
expenses, for the Fiscal Year ending June 30, 2006, as follows:
EXPENDED APPROPRIATED REQUESTED
ITEM DEPARTMENT _ FY2004 FY2005 FY2006
1. ELEMENTARY SCHOOL BUDGET $4,882,909.02 $5,309,937.00 $5,308,999.00
TOTAL ELEMENTARY SCHOOL $4,882,909.02 $5,309,937.00 $5,308,999.00
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. 4 as printed in the
warrant, however, that the total sum of $5,308,999.00 be amended to
$5,270,610.00, and that the town raise and appropriate the amended sum of
$5,270,610.00 for this purpose.
ACTION: ADOPTED
TOWN OPERATING BUDGET
ARTICLE NO. 5: To see if the Town will vote to raise and appropriate and/or
transfer from available funds a sum of money to defray town charges and expenses, and
furthermore, to fix the salary and compensation of all elected officials of the town as provided
in Section No. 108 of Chapter 41 of the General Laws, as amended, for the Fiscal Year ending
June 30, 2006, as follows:
SELECTMEN
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY2004 FY2005 FY2006
1 MODERATOR WAGES 300.00 300.00 300.00
2 SELECTMEN'S WAGES 5,250.00 5,250.00 5,250.00
STAFF WAGES 41,187.23 43,286.00 37,620.00
EDUCATIONAL REIMB 331.80 1,000.00 1,000.00
EXPENSES 24,019.29 22,520.00 23,850.00
3 ASSESSMENTS 23,128.25 23,427.00 25,071.00
4 ADMINISTRATOR WAGES 217,439.15 215,432.00 224,461.00
EXPENSES 7,108.58 7,460.00 7,400.00
5 FINCOM EXPENSES 0.00 1,000.00 1,000.00
RESERVE FUND 56,995.00 85,000.00 85,000.00
6 ACCOUNTANT WAGES 103,527.54 112,993.00 118,348.00
AUDIT OF ACCOUNTS 17,500.00 24,500.00 25,500.00
EXPENSES 5,820.88 6,410.00 6,340.00
7 ASSESSOR WAGES 114,462.62 122,635.00 130,194.00
EXPENSES 11,235.55 15,950.00 12,475.00
8 TREAS/COLL WAGES 166,795.73 158,265.00 168,602.00
EXPENSES 23,041.95 25,100.00 24,500.00
9 LEGAL EXPENSES 97,225.17 84,000.00 90,000.00
10 TOWN CLERK'S WAGES 49,868.77 50,737.00 52,768.00
CLERK STAFF WAGES 30,318.24 28,436.00 29,287.00
EXPENSES 5,835.71 4,350.00 7,150.00
11 ELECTION WAGES 7,072.66 12,500.00 3,750.00
EXPENSES 4,669.95 4,920.00 3,600.00
12 REGISTRAR WAGES 2,472.24 3,400.00 4,800.00
EXPENSES 1,778.90 1,900.00 3,620.00
13 PLANNING/APPEALS WAGES 31,018.48 30,480.00 33,060.00
PLANNING/APPEALS EXPENSES 1,885.01 2,075.00 2,475.00
14 VEHICLE POOL MAINT 5,707.86 4,000.00 4,000.00
SELECTMEN
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY2004 FY2005 FY2006
15 INFORMATION TECHNOLOGY
WAGES 56,153.40 58,199.00 60,550.00
EXPENSES 21,902.33 34,913.00 39,496.00
16 TOWN HALL MAINT WAGES 54,331.40 56,591.00 72,588.00
EXPENSES 41,883.10 40,000.00 45,244.00
COA BLDG EXPENSES 14,153.43 11,025.00 15,140.00
17 TOWN REPORT EXPENSES 6,586.71 7,300.00 7,300.00
18 DRUMMER BOY EXPENSES 492.62 700.00 750.00
19 DEBT SERVICE 2,703,292.61 2,543,919.00 2,731,161.00
20 FRINGE BENEFITS 1,648,745.60 1,761,646.00 1,882,082.00
21 RETIREMENT/PENSION 779,851.42 865,258.00 922,770.00
22 UNCLASSIFIED 135,389.89 108,160.00 172,200.00
23 LIABILITY INSURANCE 268,128.95 313,150.00 327,961.00
24 CONSTABLE 250.00 250.00 250.00
25 POLICE WAGES 1,348,191.73 1,425,400.00 1,491,700.00
EXPENSES 155,936.78 161,579.00 163,224.00
26 FIRE/RESCUE WAGES 1,027,867.03 966,748.00 1,058,272.00
EXPENSES 93,047.70 81,100.00 87,100.00
RESCUE EXPENSES 67,357.26 60,500.00 70,600.00
STATION EXPENSES 48,777.59 53,000.00 57,500.00
27 BLDG INSPECTOR/HDC WAGES 237,472.85 247,734.00 249,057.00
BUILDING/HDC EXPENSES 3,455.20 4,800.00 4,896.00
28 NATURAL RESOURCES AND
CONSERVATION WAGES 155,090.00 157,873.00 167,146.00
EXPENSES 15,907.66 26,650.00 26,900.00
PROPAGATION 6,000.00 6,000.00 6,000.00
29 DOG OFFICER EXPENSES 7,500.00 10,000.00 10,000.00
30 ALEWIVE COMM. WAGES 3,230.00 1,830.00 3,500.00
EXPENSES 1,000.00 1,000.00 1,000.00
31 DPW WAGES 624,783.31 651,012.00 656,298.00
ROAD MACHINERY 43,343.31 28,700.00 29,700.00
SNOW & ICE CONTROL 83,579.95 65,000.00 70,000.00
INSECT/PEST CONTROL 920.00 1,205.00 1,205.00
EXPENSES 139,078.89 193,319.00 195,199.00
SOLID WASTE DISPOSAL 242,903.12 298,600.00 290,000.00
MEMORIAL/VETERANS DAY
32 EXP. 1,399.91 1,400.00 1,400.00
33 STREETLIGHTING 6,886.49 6,800.00 7,150.00
34 BOARD OF HEALTH WAGES 126,711.39 130,290.00 137,345.00
VISITING NURSE ASSOC. 14,400.00 16,075.00 18,000.00
EXPENSES 5,633.87 6,700.00 11,100.00
35 COUNCIL ON AGING WAGES 125,317.50 130,375.00 136,836.00
EXPENSES 15,349.35 14,200.00 14,700.00
36 OLD MILL SITE COMM. 3,696.47 4,325.00 4,000.00
37 VETERANS SERVICES 4,832.49 6,000.00 6,500.00
38 LADIES LIBRARY 394,879.00 401,329.00 428,517.00
39 WATER COMM. WAGES 2,200.00 2,200.00 2,200.00
WATER STAFF WAGES 500,152.50 516,731.00 540,060.00
OPERATING EXPENSES 193,448.00 237,571.00 242,759.00
EQUIPMENT EXPENSES 8,303.58 8,580.00 8,545.00
40 RECREATION WAGES 81,117.08 85,388.00 87,493.00
EXPENSES 22,970.34 25,609.00 20,609.00
41 GOLF DEPT WAGES 985,706.22 1,020,478.00 1,087,511.00
EXPENSES 598,346.68 643,761.00 735,932.00
GRAND TOTAL 14,183,951.27 14,598,299.00 15,538,867.00
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 5 as printed in the
warrant, however that the following line item be amended;
?
Line item no. 38 for Ladies Library be amended from $428,517.00 to
$432,270.00,
and in order to appropriate this amended total sum of $15,542,620.00 that the town
raise and appropriate the sum of $14,307,153.00, transfer the sums of $156,040.00
from the Road Betterment Fund, $100,000.00 from the Overlay Surplus account,
$321,627.00 from the Golf Cart Receipts Reserved for Appropriation account,
$110,000.00 from the Pension Reserve account, $178,412 from the Water Revenue
account, $29,188.00 from the Land Bank Fund, $45,000.00 from the Tele-
communications account and $295,200.00 from the Ambulance Receipts Reserved
for Appropriation account for this purpose.
ACTION: ADOPTED
NAUSET REGIONAL SCHOOLS OPERATING BUDGET
ARTICLE NO. 6: To see if the Town will vote to raise and appropriate and/or
transfer from available funds a sum of money to defray the Nauset Regional School’s charges
and expenses for the Fiscal Year ending June 30, 2006, as follows:
EXPENDED APPROPRIATED REQUESTED
ITEM DEPARTMENT FY2004 FY2005 FY2006
1.NAUSET ASSESSMENT $7,119,556.00 $7,850,089.00 $7,885,497.00
TOTAL ASSESSMENT $7,119,556.00 $7,850,089.00 $7,885,497.00
or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
MOTION: I move that the town vote to approve article no. 6 as printed in the
warrant and that the town raise and appropriate the sum of $7,885,497.00 for this
purpose.
ACTION: ADOPTED
ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS
ARTICLE NO. 7: To see if the Town will vote to accept the provisions of the Massachusetts
General Laws, Chapter 71, Section 16B and to reallocate the sum of the member towns’
contributions to the Nauset Regional School District in accordance with the Regional Agreement
rather than the Education Reform Formula, so-called, or to take any other action relative
thereto.
(Majority Vote Required) (Nauset Regional School Committee)
MOTION: I move that the town vote to approve article no. 7 as printed in the
warrant.
ACTION: ADOPTED
ASSESSMENT FORMULA SPECIAL LEGISALTION
NAUSET REGIONAL SCHOOLS
ARTICLE NO. 8: To see if the Town will vote to authorize the Board of Selectmen to file
special legislation with the General Court to reallocate the sum of their local contribution to the
Nauset Regional School District by a majority vote of the Boards of Selectmen, or to take any
other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
MOTION: I move that the town vote to indefinitely postpone article no. 8 as printed
in the warrant.
ACTION: ADOPTED
HUMAN SERVICES FUNDING
ARTICLE NO. 9: To see if the Town will vote to raise and appropriate and/or transfer from
available funds the sum of FIFTY-FOUR THOUSAND FOUR HUNDRED SIXTY AND
00/100 ($54,460.00) DOLLARS for the following organizations and in the following
respective amounts:
1.Cape Aids Resource Exchange and Services (CARES) $2,500
2.Cape Cod Child Development Program, Inc. $5,020
3.Cape Cod Council on Alcoholism & Drug Dependence, Inc. $4,500
4.Consumers Assistance Council, Inc. $500
5.Gosnold $4,500
6.Independence House, Inc. $3,700
7.Interfaith Council for the Homeless of Lower Cape Cod $3,715
8.Legal Services for Cape Cod & Islands, Inc. $3,900
9.Lower Cape Outreach Council, Inc. $6,500
10.Nauset, Inc. $6,425
11.Sight Loss Services, Inc. of Cape Cod & Islands $700
12.Nauset Together We Can Prevention Council, Inc. $5,000
13.Elder Services of Cape Cod “Meals on Wheels” $7,500
GRAND TOTAL $54,460
and to authorize the Board of Selectmen, the Board of Health, and the School Committee, as
appropriate, to enter into contracts with these organizations in order to provide desired social
services for residents of Brewster, or to take any other action relative thereto.
(Majority Vote Required) (Human Services Committee
MOTION: I move that the town vote to approve article no. 9 as printed in the
warrant and to transfer the sum of $54,460.00 from Free Cash for these purposes.
ACTION: ADOPTED
LOCAL BUSINESS ORGANIZATION FUNDING REQUEST
ARTICLE NO. 10: To see if the Town will vote to raise and appropriate, and/or
transfer from available funds, the sum of TWENTY-TWO THOUSAND AND 00/100
($22,000.00) DOLLARS, to be expended under the direction of the Board of Selectmen to
help defray costs associated with the annual publication and distribution of the Brewster Book
and Beach Map Guide, as well as the monthly publication of Brewster advertising and website,
which advertises the Town’s attractions, amenities, and services; to provide funds for the
operation of the Brewster Visitor Information Center; and, under a contract with and at the
direction of the Board of Selectmen, to enable the Chamber of Commerce and Board of Trade
United to appropriately advertise Brewster in order to increase room tax and beach pass
revenue for the town, promote the Town’s golf course, or to take any other action relative
thereto.
(Majority Vote Required) (Citizens’ Petition)
MOTION: I move that the town vote to approve article no. 10 as printed in the
warrant and to transfer the sum of $22,000.00 from Free Cash for this purpose.
ACTION: ADOPTED
HAZARDOUS WASTE COLLECTION DAY PROGRAM
ARTICLE NO. 11: To see if the Town will vote to transfer from the Water Revenue
account the sum of NINE THOUSAND AND 00/100 ($9,000.00) DOLLARS to finance costs
associated with the hazardous waste collection day program and to authorize the Town
Administrator to solicit bids and/or proposals, enter into a contract or contracts and expend said
funds for this purpose, or to take any other action relative thereto.
(Majority Vote Required) (Board of Health & Water Commission)
MOTION: I move that the town vote to approve article no. 11 as printed in the
warrant and to transfer the sum of $9,000.00 from the Water Revenue account for
this purpose.
ACTION: ADOPTED UNANIMOUSLY
BREWSTER TOWN BAND FUNDING
ARTICLE NO. 12: To see if the Town will vote to authorize the Board of Selectmen
to enter into a contract with the Brewster Town Band in order to obtain instrumental
performances for the town, to raise and appropriate and/or transfer from available funds the
sum of ONE THOUSAND AND 00/100 ($1,000.00) DOLLARS, and to authorize the Town
Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept grant
proceeds and expend said funds for this purpose, or to take any other action relative thereto.
(
Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 12 as printed in the
.
warrant and to transfer the sum of $1,000.00 from Free Cash for this purpose
ACTION: ADOPTED UNANIMOUSLY
CAPITAL EXPENDITURES
ARTICLE NO. 13To 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 expenditures to be undertaken during Fiscal Year 2006 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
AVAILABLE
ITEM DEPARTMENT FUNDS
1.Board of Selectmen
a. Herring Run Retaining Wall Repair Project $ 5,000
b. Mapping System Update $10,000
2.Fire Department
a. Rescue Billing Services $ 32,000
b. Breathing Apparatus $ 80,000
c. Rescue Equipment Expense $ 7,500
d. Computer Equipment Expense $ 10,000
e. Protective Clothing Expense $ 25,000
f. Defibrillator Equipment Replacement $ 30,000
g. Air Compressor Equipment Replacement $ 35,000
h. Hazardous Materials Expense $ 2,500
i. Fire Station Location Study $ 25,000
3.Department of Public Works
a. Four Wheel Drive Vehicle $ 28,100
b. Large Dump Truck $110,000
4.Golf Department
a. Fairway Verticut Equipment $ 25,000
b. Clubhouse Painting Project $ 20,000
c. Golf Tee Renovation Project $ 10,000
5.Police Department
a. Patrol Vehicles $ 51,100
6.Recreation Department
a. Equipment Shelving System $ 3,500
7.Water Department
a. Billing Software & Equipment $ 45,000
b. Slough Road Water Main Project $200,000
_____________
Grand-total $754,700.00
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, however that,
? Item No. 2d. (Fire Department Computer Equipment) be deleted, and
the appropriation be amended from the sum of $10,000.00 to $0.00,
? Item No. 2i (Fire Station Location Study) be amended to place this
project under the supervision and control of the Board of Selectmen,
and to appropriate the amended total sum of $774,700.00, and in order to
appropriate this sum that the town transfer $55,000.00 from the Golf Cart Receipts
Reserved for Appropriation account, $207, 700.00 from Free Cash, $245,000.00
from Water Surplus account and $237,000.00 from the Ambulance Receipts
Reserved for Appropriation account for these purposes.
MOTION: I move to amend article 13 to include Item. No. 2d (Fire Department
Computer Equipment).
ACTION ON AMENDMENT: ADOPTED
MOTION: I move to amend Article 13 Item No. 2i (Fire Station Location Study)
request be amended from the sum of $25,000.00 to $0.00.
ACTION ON AMENDMENT: ADOPTED
MOTION: I move that the town vote to approve article no. 13 as amended and to
appropriate the amended total sum of $729,700.00, and in order to appropriate this
sum that the town transfer $55,000.00 from the Golf Cart Receipts Reserved for
Appropriation account, $207,700.00 from Free Cash, $245,000.00 from the Water
Surplus account and $222,000.00 from the Ambulance Receipts Reserved for
Appropriation account for these purposes.
ACTION ON AMENDED MAIN MOTION: ADOPTED
NAUSET SCHOOL DISTRICT CAPITAL EXPENDITURES
ARTICLE NO. 14: To see if the Town will vote to raise and appropriate and/or
transfer from available funds the sum of TWO HUNDRED TWENTY-THREE THOUSAND
FOUR HUNDRED EIGHTY EIGHT AND 00/100 ($223,488.00) DOLLARS for Brewster’s
share of capital improvements to the Nauset Regional High School, for the following purposes
and in the following amounts:
1.Nauset High School:
?
Upgrade Heating System $135,000
?
Improve Water Corrosion Control System $18,000
?
Exterior Door Replacement $90,000
?
Replace Green Floor in Gym $66,000
?
Technology Plan $50,000
2.Nauset Regional Middle School:
?
Replace Slate Roof $40,000
?
Repair Rubber Membrane Roof $10,000
?
Technology Plan $50,000
________
Grand-total $459,000
Brewster’s Assessment Percentage 48.69%
________
Brewster’s FY2006 Request $223,488
however, that these monies shall not be raised and appropriated under this vote unless the
Town votes at a Regular or Special Town Election to exempt this sum of money from the
limitations of Proposition 2 ½, 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. 14 as printed in the
warrant and to raise and appropriate the sum of $223,488.00 for this purpose,
however, that these monies shall not be raised and appropriated under this vote
unless the Town votes at a Regular or Special Town Election to exempt this sum of
money from the limitations of Proposition 2 ½, so called.
MOTION: I move that the town vote to amend Article No. 14 to require that the
$50,000.00 expenditures for item 1. Nauset High School/Technology plan and item
2. Nauset Regional Middle School/Technology Plan not be spent for lap top
computers and moveable carts for the lap tops.
ACTION ON AMENDMENT: DEFEATED
ACTION ON MAIN MOTION: ADOPTED
TRIENNIAL REVALUATION OF REAL PROPERTY
ARTICLE NO. 15: To see if the Town will vote to raise and appropriate and/or
transfer from available funds the sum of TWENTY-TWO THOUSAND AND 00/100
($22,000.00) DOLLARS for the purposes of performing the interim year update services of
real property and to authorize the Town Administrator to solicit bids and/or proposals, enter
into a contract or contracts and expend said funds for this purpose, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Assessors)
MOTION: I move that the town vote to approve article no. 15 as printed in the
warrant and to transfer the sum of $22,000.00 from the Overlay Surplus account for
this purpose
ACTION: ADOPTED
RESCIND DEBT AUTHORIZATION
ARTICLE NO. 16: To see if the Town will vote to rescind the authorization to incur
debt in the amount of ONE MILLION FIVE HUNDRED AND TWENTY-TWO THOUSAND
TWO HUNDRED AND 00/100 ($1,522,200.00) DOLLARS under articles no. 21 of the
2001 Fall Yearly Town Meeting and article no. 10 of the 2004 Fall Yearly Town Meeting, said
articles allowed for purchase of real estate located off Route 137, 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, however the stated amount of $1,552,200.00 be amended to
$1,152,200.00.
ACTION: ADOPTED UNANIMOUSLY
FIRE DEPARTMENT STAFFING REQUEST
ARTICLE NO. 17: To see if the Town will vote to authorize the funding and creation
of two (2) firefighter positions within the Fire Department and related benefit expenses and to
raise and appropriate the sum of ONE HUNDRED THIRTY THOUSAND AND 00/100
($130,000.00) DOLLARS for this purpose, however, that these monies shall not be raised
and appropriated under this vote unless the town votes at a Regular or Special Town Election to
exempt this sum of money from the limitations of Proposition 2 ½, so-called, or to take any
other action relative thereto.
(Majority Vote Required) (Fire Chief)
MOTION: I move that the town vote to approve article no. 17 as printed in the
warrant, to raise and appropriate the sum of $130,000.00 for this purpose, however,
that these monies shall not be raised and appropriated under this vote unless the
Town votes at a Regular or Special Town Election to exempt this sum of money from
the limitations of Proposition 2 ½, so-called.
ACTION: ADOPTED
ACCEPTANCE OF STATE ENABLING LEGISLATION FOR CALL FIREFIGHTERS
AND AUXILLARY POLICE OFFICERS
ARTICLE NO. 18: To see if the Town will vote to accept Massachusetts General
Laws Chapter no. 32, Section no. 89B, as now and hereafter amended, to authorize death
benefits for the surviving spouses and children of police officers and firefighters killed in the
line of their duties, or to take any other action relative thereto.
(Majority Vote Required) (Fire Chief)
MOTION: I move that the town vote to approve article no. 18 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
CROSBY MANSION REVOLVING FUND
ARTICLE NO. 19: To see if the Town will vote to authorize the creation of a
departmental revolving fund for the Crosby Mansion and cottages, to be referred to as the
“Crosby Mansion Revolving fund” under section 53E1/2 of Chapter 44 of the Massachusetts
General Laws, to be administered and expended by the Crosby Property Committee, said fund
will be credited with all fees and charges received during Fiscal Year 2006 and will be utilized to
pay salaries, expenses and contracted services required to operate the mansion and cottages,
the fund may spend up to $100,000.00 in revolving fund revenues for the program in FY2006,
or to take any other actions relative thereto.
(Majority Vote Required) (Board of Selectmen
)
MOTION: I move that the town vote to approve article no. 19 as printed in the
th
warrant, however, that the amount of “$100,000.00” in the 7 line be amended to
“$60,000.00”.
ACTION: ADOPTED UNANIMOUSLY
SPRUCE HILL PROPERTY LEASE
ARTICLE NO. 20: To see if the Town will vote to authorize the Board of Selectmen
to negotiate and to enter into a lease, not to exceed ten (10) years as allowed under Section
no. 3 of Chapter no. 40 of the General Laws, for the town-owned buildings located on the
Spruce Hill property as further identified on Parcel No. 8-9 of Map No. 13 of the Board of
Assessors’ Maps, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen
)
:
MOTIONI move that the town vote to approve article no. 20 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
CLASSIFICATION STUDY / SERVICE EMPLOYEES INTERNATIONAL UNION
ARTICLE NO. 21: To see if the Town will vote to raise and appropriate and/or transfer
from available funds the sum of FIVE THOUSAND AND 00/000 ($5,000.00) DOLLARS and to
authorize the Board of Selectmen to enter into a contract or contracts for professional services to
undertake a pay and classification study for the employees covered under the collective bargaining
agreement with the Service Employees International Union, 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. 21 as printed in the
warrant, and that the town transfer the sum of $5,000.00 from Free Cash for this
purpose.
ACTION: ADOPTED
TEMPORARY ROAD REPAIR BYLAW AMENDMENT
ARTICLE NO. 22: To see if the town will vote to amend the Code of the Town of Brewster,
Chapter 157, Article VIII, Temporary Road Repair, which now reads as follows:
“E. If the Planning Board approves any such plan, the Board of Selectmen may place the plan
on the warrant for the next Annual Town Meeting. If the Planning Board suggests modifications
or changes in scope of costs, the Board of Selectmen may, at its option, send out proxies to the
abutters noting scope and cost changes or it may return the project to the petitioners. If
proxies are sent out, they must be returned by December 31 if the project is to be considered
at the Annual Town Meeting. If the proxies are returned by December 31, the Selectmen may
place the project on the Annual Town Meeting Warrant, provided that more than 50% of the
abutters approve the revisions.”
will be revised to read as follows:
“E. If the Planning Board approves any such plan, the Board of Selectmen may place the plan
on the warrant for the next Annual Town Meeting. If the Planning Board suggests modifications
or changes in scope of costs, the Board of Selectmen may, at its option, send out proxies to the
abutters noting scope and cost changes or it may return the project to the petitioners. If
proxies are sent out, they must be returned by December 31 if the project is to be considered
at the Annual Town Meeting. If the proxies are returned by December 31, the Selectmen may
place the project on the Annual Town Meeting Warrant, provided that more than 50% of the
abutters approve the revisions. Long term financing may be issued for said project by
the town for up to a fifteen (15) year period.”
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 22 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
AMENDMENT TO TOWN CODE / QUORUM BYLAW
ARTICLE NO. 23 : To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 48, Article III by repealing Section 48-5 thereof, reading as
follows:
The quorum for Annual Town Meetings and for Special Town
Meetings is hereby set at 200 registered voters
and by adding in place thereof a new Section 48-5, reading as follows:
The quorum for Annual Town Meetings and for Special Town
Meetings is hereby set at zero registered voters
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: DEFEATED
CREATION OF AN AGRICULTURAL COMMISSION
ARTICLE NO. 24: To see if the Town will vote to authorize the Board of Selectmen
to amend the Code of the Town of Brewster by adding the following by-law as Chapter 12,
Article 16, Section 12-38 through Section 12-39, as follows:
Agricultural Commission Bylaw
Section 12-38. Membership of the Committee – There is hereby appointed a Agricultural
Commission, consisting of seven (7) members. The commission members shall be appointed by
the Board of Selectmen for a term of three (3) years, provided, however, that the initial
appointments shall be staggered so that three members shall be initially appointed for a three
year term, two members shall be initially appointed for a two year term, and the remaining two
members shall be initially appointed for a one year term; thereafter, all members shall be
appointed for three (3) year terms. Any member of the commission may be removed by the
Board of Selectmen, with prior notice to the member and a hearing, for good cause.
Section 12-39. To guide its activities, the Commission shall develop a work plan which may
include its service as a facilitator to encourage the pursuit of agriculture in Brewster, its
promotion of agriculturally-based economic opportunities within the town, its education of other
town boards, committees and departments about farming related issues, its efforts to preserve
the agricultural lands currently owned by the town, its pursuit of initiatives for the creation of a
sustainable, agricultural community.
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
ZONING BYLAW AMENDMENT/LOT COVERAGE
ARTICLE NO. 25: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article V, Area and Bulk Regulations,
Section 179-16, Table 3, Height and Bulk Regulations, by deleting the last column of the Table,
currently entitled "Maximum Percentage of Total Interior Floor Area to Lot's Buildable Uplands
(percent)".
As currently written:
Maximum Percentage of
Total Interior Floor Area To
Lot’s buildable uplands
(percent)
C-H 20
V-B 15
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 25 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
ZONING BYLAW AMENDMENT/RESIDENTIAL LOTS OF RECORD
ARTICLE NO. 26: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article VIII, Non-conforming Uses,
Structures and Lots, Section 179-26, Residential Lots of Record, by replacing the word
"building" in the last sentence of Paragraph A with new language, by inserting the word "yard"
in Paragraph B, and by adding new language to Paragraph B so that Section 179-26, which now
reads:
A. One (1) single-family dwelling may be erected on any lot, regardless of a
common ownership with that of adjoining land located in the same residential
district which, as of May 7, 1973, contained at least fifteen thousand (15,000)
square feet and had a minimum frontage of one hundred (100) feet and
complied with the rules and regulations of the
Planning Board, if any, in effect at the time of endorsement and provided,
further, that the proposed structure is to be located on such lot so as to conform
to the minimum requirements of front, rear and side yard setbacks and to all
other requirements for such structures in effect at the time of building.
B.Certain lots are exempted from current dimensional requirements by MGL c.40A,
~ 6. In addition, any increase in lot area, width, depth or frontage
requirements shall not apply to erection, extension or alteration or moving
of a structure on a lot not meeting current dimensional requirements,
provided that, as of June 25, 1978, such lot was a legal building lot and
had lot area of at least five thousand (5,000) square feet and street
frontage of at least fifty (50) feet. "
will instead read:
"A. One (1) single-family dwelling may be erected on any lot, regardless of a
common ownership with that of adjoining land located in the same residential
district which, as of May 7, 1973, contained at least fifteen thousand (15,000)
square feet and had a minimum frontage of one hundred (100) feet and
complied with the rules and regulations of the Planning Board, if any, in effect at
the time of endorsement and provided, further, that the proposed structure is to
be located on such lot so as to conform to the minimum requirements of front,
rear and side yard setbacks and to all other requirements for such structures in
effect at the time of Plan endorsement; provided, however, if there are
no applicable setbacks, the front yard setback shall be 30 feet and the
side and rear yards setbacks shall be 20 feet.
B.Certain lots are exempted from current dimensional requirements by MGL c. 40A,
~ 6. In addition, any increase in lot area, width, depth, yard or frontage
requirements shall not apply to erection, extension or alteration or moving of a
structure on a lot not meeting current dimensional requirements, provided that,
as of June 25, 1978, such lot was a legal building lot and had lot area of at least
five thousand (5,000) square feet and street frontage of at least fifty (50) feet.
Any structure proposed to be to be located on such lot shall conform to
the setback requirements in effect at the time of the recording or
endorsement of the deed or plan creating the lot; provided, however,
that if there are no applicable setbacks, the front yard setback shall be
20 feet and the side and rear yards setbacks shall be 10 feet."
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 26 as printed in the
warrant
ACTION: ADOPTED- YES – 225 NO – 17
ZONING BYLAW AMENDMENT/DEFINITIONS
ARTICLE NO. 27: To see if the Town will vote to amend the Code of the Town
of Brewster, Chapter 179, also known as the Zoning Bylaws, Article I, General Provisions, 179-2
Definitions, Subparagraph B, by replacing the current definition of "Structure" in its entirety with
a new definition so that the definition of "Structure" which currently reads:
"Structure - A combination of materials for occupancy or use, such as a building, bridge,
trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand,
platform, shelters, piers, wharves, bin, fence, sign or the like."
will instead read:
"Structure - A combination of materials assembled at a fixed location to give support
or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform,
bin, fences over six feet high, sign, flagpole, recreational tramway, mast for radio
antenna, or the like. The word “structure” shall be construed, where the context
requires, as though followed by the words, “or part or parts thereof”, consistent with the
th
Massachusetts State Building Code, 6 Edition."
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 27 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
ZONING BYLAW AMENDMENT/DEFINITIONS
ARTICLE NO. 28: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article I, General Provisions, Section
179-2, Definitions, Subparagraph B, by adding the words "or structure" after the words
“building wall” in each of the three following definitions so that these definitions will now read,
as follows:
Yard, Front – A space extending the full width of the lot between the front line of the
nearest building wall “or structure” and the front lot line.
Yard, Rear – A space, unoccupied except by an accessory structure or accessory use as
herein permitted extending for the full width of the lot, between the rear lot line of the
building wall “or structure” and the rear lot line.
Yard, Side – An unoccupied space extending for the full length of a building between
the nearest building wall “or structure” and the side lot line.
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 28 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
ZONING BYLAW AMENDMENT/DEFINITIONS
ARTICLE NO. 29: To see if the Town will vote to amend the code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article I, General Provisions”,
Section179-2, Definitions, Subparagraph B by adding the word "natural" after the word
"adjacent" in the definition of "Height" so that the definition will now read:
'Height - The vertical distance from the mean level of the adjacent natural ground to the
top of the structure, measured at the highest roof beams of a flat roof or the highest gable
or slope of a hip roof"
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 29 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
ZONING BYLAW AMENDMENT/VARIANCES
ARTICLE NO. 30: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article X, Administration and
Enforcement, Section 179-52, Variances by replacing the word "including" in the first sentence
of Subparagraph A with the word "excluding," so that the sentence, which currently reads:
“A. The Board of Appeals may hear and decide appeals or petitions for
variances from the terms of this chapter including variances for use,
with respect to particular land or structures.”
will now read:
“A. The Board of Appeals may hear and decide appeals or petitions for
variances from the terms of this chapter excluding variances for use,
with respect to particular land or structures.”
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to indefinitely postpone consideration of
article no. 30.
ACTION: ADOPTED
ZONING BYLAW AMENDMENT/USE REGULATIONS
ARTICLE NO. 31: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article IV, Use Regulations, Section
179-11, Table of Use Regulations, Residential Section, Paragraph 2, to add a "P" to the table
under the heading for the "I" Industrial District, so that the Table for this Paragraph 2 will now
read, as follows:
R-R R-L R-M C-H V-B I MRD PW
SCF
2 1-family dwelling unit - - - P P P - -
for owner occupancy or
for occupancy by
personnel for the
protection of the property
and safe operation of the
permitted use, provided that
the dwelling unit is attached
to the structure housing
permitted use and that it
meets other pertinent
requirements of this Chapter.
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 31 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
ZONING BYLAW AMENDMENT/CORRIDOR OVERLAY
ARTICLE NO. 32: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also know as the Zoning Bylaws, Article XII, Corridor Overlay Protection
District, Section 179-67, Paragraph A, Transportation Standards, by deleting Subparagraph A(1)
in its entirety and replacing it with new language so that Subparagraph A(1) which currently
reads:
"A. Transportation standards.
(1)Proposed uses shall not degrade the existing levels of service of surrounding
roads and intersections, including Route 6A, below Level of Service (LOS)
C, based on summer peak-hour traffic volumes. This level of service for
Brewster's roadways and intersections surrounding Route 6A and for Route 6A
has been defined in the Route 6A Corridor Study, prepared by TAMS Consultants,
Inc., June 1992. This study is available in the town offices (Planning Board and
Board of Selectmen). When the existing LOS is below LOS C, the proponent shall
maintain or improve performance indicators."
so that it will now read, as follows:
"A. Transportation standards.
(1)Proposed uses shall not degrade the existing levels of service of surrounding
roads and intersections, including Route 6A, below Level of
Service (LOS) C, based on summer peak-hour traffic volumes. The
proponent shall demonstrate that the proposed use meets this standard by
providing a traffic study measuring the capacity and level of service for
Brewster's roadways and intersections surrounding Route 6A and for Route 6A,
as follows: A Base Year capacity and level of service analysis shall be computed
for the roadway network including site driveways, site access links and
intersections (if appropriate). LOS analysis shall include heavy vehicle
percentages as measured and where appropriate. Performance indicators such as
delay, travel time, volume/capacity ratio, queue length, and traffic density, shall
be documented. A weave, merge, diverge and ramp road segment analysis shall
be included where applicable. Also, departure lane merge capacity shall be
addressed as required and saturation flow rates adjusted accordingly. These
analyses shall be performed using the Highway Capacity Manual published by the
Transportation Research Board. If computer software is used for intersection
analysis, the permitting authority reserves the right to approve the type and
version of computer software used for the analysis. When the existing LOS is
below LOS C, the proponent shall maintain or improve performance indicators."
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 32 as printed in the
warrant.
ACTION: DEFEATED
INTERMUNICIPAL AGREEMENT / ROAD BETTERMENT PROJECT
ARTICLE NO. 33: To see if the Town of Brewster will vote to authorize the Board of
Selectmen to enter and to perform an intermunicipal agreement, in substantially the form on
file in the Town Clerk’s Office, providing for the Town of Harwich to repair and improve Wayside
Road in Harwich and for the Town of Brewster, in behalf of the Town of Harwich, to impose and
assess the apportioned betterments upon the owners of the Brewster lots having frontage on
Wayside Road, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 33 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
PRIVATE ROAD BETTERMENT PROJECT/WAYSIDE DRIVE
ARTICLE NO. 34: 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:
?
Portion of Wayside Drive
and furthermore, to authorize the Board of Selectmen to proceed with the reconstruction of
these ways after it has been determined that the provisions of the Brewster Town Code,
Chapter 157, Article VIII, Section No. 157-20 have been satisfied; to raise and appropriate,
transfer from available funds, and/or to obtain by borrowing a sum of money 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 No. 44,
Section No. 7 or any other enabling authority, and to issue notes and bonds of the Town
therefore; and, initially, to raise and appropriate and/or transfer from available funds a sum of
money, to be recovered through the betterment assessments against the abutters, to pay the
first year’s principal and interest expenses for this project, or to take any other action relative
thereto.
(Two-Thirds Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 34 as printed in the
warrant, however that the following words be deleted,
“to raise and appropriate, transfer from available funds, and/or to obtain by
borrowing a sum of money 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
No. 44, Section No. 7 or any other enabling authority, and to issue notes and
bonds of the Town therefore; and, initially, to raise and appropriate and/or
transfer from available funds a sum of money, to be recovered through the
betterment assessments against the abutters, to pay the first year’s principal
and interest expenses for this project.”
ACTION: ADOPTED UNANIMOUSLY
PRIVATE ROAD BETTERMENT PROJECT/KINGS GRANT SUBDIVISION
ARTICLE NO. 35: 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:
?
Crocker Lane
?
Bates Lane
?
Bantry Lane
?
Barberry Lane
and furthermore, to authorize the Board of Selectmen to proceed with the reconstruction of
these ways after it has been determined that the provisions of the Brewster Town Code,
Chapter 157, Article VIII, Section No. 157-20 have been satisfied; to raise and appropriate,
transfer from available funds, and/or to obtain by borrowing a sum of money 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 No. 44,
Section No. 7 or any other enabling authority, and to issue notes and bonds of the Town
therefore; and, initially, to raise and appropriate and/or transfer from available funds a sum of
money, to be recovered through the betterment assessments against the abutters, to pay the
first year’s principaland 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:
?
Crocker Lane
?
Bates Lane
?
Bantry Lane
?
Barberry Lane
and furthermore, that the Board of Selectmen is hereby authorized to proceed with
the reconstruction of these ways after it has been determined that the provisions of
the Brewster Town Code, Chapter 157, Article VIII, Section No. 157-20 have been
satisfied; that the sum of $317,000.00 is hereby appropriated to pay for the costs of
engineering, construction, reconstruction, and related expenses in connection with
the abovementioned repairs; that to meet this appropriation, the Town Treasurer,
with the approval of the Board of Selectmen, is hereby authorized to borrow the
sum of $307,000.00 under and pursuant to Massachusetts General Laws, Chapter
No. 44, Section 7(5), or any other enabling authority, and to issue notes and bonds
of the Town therefore; and, that initially, the sum of $10,000.00 is hereby transfer
from the Road Betterment fund, to be recovered through the betterment
assessments against the abutters, to pay the first year’s principal and interest
expenses for this project
ACTION: ADOPTED UNANIMOUSLY
PRIVATE ROAD BETTERMENT PROJECT/BARONS WAY
ARTICLE NO. 36: To see if the Town will vote to authorize the Board of Selectmen
to undertake a series of temporary road repairs to the following road:
?
Barons Way
and furthermore, to authorize the Board of Selectmen to proceed with the reconstruction of
these ways after it has been determined that the provisions of the Brewster Town Code,
Chapter 157, Article VIII, Section No. 157-20 have been satisfied; to raise and appropriate,
transfer from available funds, and/or to obtain by borrowing a sum of money 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 No. 44,
Section No. 7 or any other enabling authority, and to issue notes and bonds of the Town
therefore; and, initially, to raise and appropriate and/or transfer from available funds a sum of
money, to be recovered through the betterment assessments against the abutters, to pay the
first year’s principal and interest expenses for this project, or to take any other action relative
thereto.
(Two-Thirds Vote Required) (Board of Selectmen)
MOTION: I move that the Board of Selectmen is hereby authorized to undertake a
series of temporary road repairs to the following road:
?
Barons Way
and furthermore, to authorize the Board of Selectmen to proceed with the
reconstruction of this road after it has been determined that the provisions of the
Brewster Town Code, Chapter 157, Article VIII, Section No. 157-20 have been
satisfied; that the sum of $175,000.00 is hereby appropriated to pay for the costs of
engineering, construction, reconstruction, and related expenses in connection with
the aforementioned repairs; that to meet this appropriation, the Town Treasurer,
with the approval of the Board of Selectmen, is hereby authorized to borrow the
sum of $170,000.00 under and pursuant to Massachusetts General Laws, Chapter
No. 44, Section 7(5) or any other enabling authority, and to issue notes and bonds
of the Town therefore, and, initially, to transfer from the Road Betterment fund the
sum of $5,000.00, to be recovered through the betterment assessments against the
abutters, to pay the first year’s principal and interest expenses on the funds
borrowed for this project.
ACTION: ADOPTED UANANIMOUSLY
ANY OTHER BUSINESS
ARTICLE NO. 37: To act on any other business that may legally come before this meeting.
MOTION: I move that the town vote to dissolve the 2005 Annual Town Meeting.
ACTION: ADOPTED
A TRUE COPY ATTEST:
Mildred A. Unger
Town Clerk