Loading...
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